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Agenda Packet - EVWD Board of Directors - 11/13/2001
East Val ey Water District 1155 DEL ROSA AVENUE, SAN BERNARDINO, CA REGULAR BOARD MEETING November 13, 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 October 23, 2001. 4. Approval of Liens for Delinquent Water and Sewer Accounts. 5. Review and accept Draft Financial Statement for period ending August 30, 2001_ 6. Resolution 2001.27 — Accepting Dedication of Sewers for 7347 Boulder Avenue in the City of Highland. 7. Resolution 2001.28 — Accepting Dedication of Water Distribution System for 7347 Boulder Avenue in the City of Highland. S. Accounts Payable Disbursements: Accounts Payable Checks 4186762 through #187007 were distributed October 17, 2001 in the amount of$1,224,738.08. Payroll Checks were distributed October 26, 2001 in the amount of $84,560.67. Total Disbursements for the period were $1,309.298.75. OLD BUSINESS 9. Radon Rule Update. (General Manager) 10. Discussion and possible action regarding the parking lot (10 acre) lease agreement. s • IL Discussion and possible action regarding modification to the Lease Agreement between EVWD and Highland Harvest Barn, LLC. 12. Discussion and possible action regarding Notice of Exemption — Condemnation of Well Site: APN 1210-261-41/Tract 13936 "Well" Lot A. NEW BUSINESS 13. Directors' fees and expenses for October 2001. 14. Claim for damages at by Tomas Mercado. 15. Resolution 2001.26 — Accept Conveyance of Pipeline Easement from Henry J. Meyer. 16. Discussion and possible action regarding Supplement to Pre-Annexation Agreement between EVWD and East Highlands Ranch. 17. Discussion and possible action regarding MWD's offer to purchase a temporary easement to be used for construction-related purposes in conjunction with the Inland Feeder Project. REPORTS 18. October 13-October 30, 2001 - Releases of Lien for Delinquent Water and Sewer Accounts. 19. General Manager's Report 20. Oral Comments from Board of Directors CORRESPONDENCE 21. Statement from Don Kurth, Cucamonga County Water District, requesting voting support for his candidacy to the Board of Directors of the ASBCSD at the annual Meeting on November 19, 2001. MEETINGS 22. ASBCSD Membership Meeting — November 19, 2001, Spring Valley Lake Country Club, Victorville, CA. 23. CALIFORNIA WATER POLICY 11 — December 6-7, 2001, Regal Biltmore Hotel, Los Angeles, CA. 2 Top Back #PCT: 0 DIRECTOR* - DIV 4 #RPT: 0 BEAUMONT-CHERRY VLY WD %RPT: 0.0% Error! Hyperlink reference not valid. Vote for: 1 STELLA L PARKS 0 0.0% GARY F LEWIS 0 0.0% Top Back #PCT: 0 DIRECTOR* - DIV 5 #RPT: 0 BEAUMONT-CHERRY VLY WD %RPT: 0.0% Error! Hyperlink reference not valid. Vote for: 1 BLAIR M BALL 0 0.0% W DAVE ANDREWS 0 0.0% MONTE R ROCKMAN 0 0.0% Top Back #PCT: 33 #RPT: 33 DIRECTOR %RPT: EAST VALLEY WD 100.0% Error! Hyperlink reference not valid. Vote for: 3 GEORGE E SKIP WILSON 2366 24.2% EDWARD S (STEVE) NE~RETE 1482 15.2% A R TONY SEDA/~O 1680 17.2% CHARLOTTE M SHEEHAN 1143 11.7% GLENN LIGHTFOOT 2302 23.6% JAY LINDBERG 772 7.9% Top Back Page i ~ CONSOLIDATED ELECTION ~ Date 11/13/2001 CO~ BD OF EDUCTION (~/R~ n0)ll ~R V~L~Y ~IFIED (~/RPT 0)11 ~, ~ ~sn (,/R~ ~0}11 ~ (No. to vote for 1) (%/RP 100.0)~ (No. to vote for 3) (%/RP 0.0)[~ (NO. %o vote fo~ 1) (%/RP 100.0)~ ~V BD ME~ER (~/P~ 13)II R~LIA ~L 56 18.01: ' ~$~w co~ ~LLEGE (~/RPT 13)11 SHILEY R ~UGHER~ 55 17.71I ~v BD ME~ER (No. to Vote for 2) (%/RP 100.0)1~ NEIL ~LPH 1775 22.01~ I~ ~BIN BRINER 1087 19.1 ~LEEN (~THY) GRUNER 13936 39.61[ NEHEMI~ JAC~ON 725 9.7[~ ~V BD M~ER (~/P~ 33)~ ~TIE ROBERTS 10424 29.6~~] FO~A ~IFIED ~~ (No. to vote for 1) (%/RP 100.0)11 ~ ~E~A~Y ~C~ 1638 21.6 ~V BD MEM SHORT TE~ (~/PCT 217)11 I~ WA~E R~LE 1634 21.5 ~X L ~EORGE 12284 37.011 ~v BD ~ER (~/P~ 9)~1 ROBERT RILEY 677 8.9 LEE MC~UG~ 11427 34.4]] B~ V~LEY ~IFIED (~/RPT 9) II, R~ER L B~R ~688 11.1[I ~ll ~SPERIA ~IFIED (~/R~ 24)11 ~v BD ~ER (~/P~ 22)11 ~E~ D ~EY 1070 II J II Ii _ ' i c~,~s ~n.m~rA~ "~ '..' ~' ~"~,cll ..' . . , >"! ,.. ,~,~... ~. ~- ~ .' . ,f. · . . . :~.. . .: -. .. ..... ~~:~,' ;:..,' '('}SBCOUt~POR~ONO,~LY. SHAR=D · No%ember53;2001,R : ' .' ' '. ;' ~ ~ :. COUNTIES Page 2 ~ CONSOLIDATED RLECTION ~ Date 11/13/2001 ii ii ~ov ED ~E.~ER AE=2 (,/P=T 15~ ®V HD ~E~EE' ~,/P= 106~ii ~O~ ED .E.~ER ~#/P= ,~ii (NO. to vote fbr 1) (%/RP lO0.o)ll (No. to vote for 3) (%/RP 10o.0)lm (No. to vote for 3) (%/RP io0.0Hm J~E'ST JO~ 1273 47.6~ ~T~ R BUST~ONTE 4921 2~.61] J~ES B ~S 1606 18.7~ ~ AFZAL 156 5.8]~ REBEC~ ~-H~EN 2195 10.5~[ PA~ VINCE~ AVI~ 1364 15.8]~ D~ ~Z~N 7~ 29.~1~ (No. to vo~e for ~) (%/R~ ~00.0)l~ (No. to vote for 3) (%/~ S~ BDNO CI~ ~IFIED (~/RPT 75) ~ DEB~ A LILLY 2111 15.7]~ MO~ ~ WO~E 2268 (NO. to vote for 4) (%/RP 100.0)~ PATRICIA J CES~ 1980 14.7~] T~ T WILLIES 2260 22.2~ TERESA P~ 432~ 12.8~ ~V BD ~ER (~/P~ 9}~ ROBERT A ROSE 3483 10.3)m (No. to vote for 3] (%/RP lOO.O)ml JOE ~RTI~Z 1004 32.7mm ~ TERRI ~R 380 20.8)[ MEM CI~ CO~CIL-DIST 5 (~/P~ 3}lm (No. to vote for 2) (%/RP lOO.o)lm JACK R FOR~ER 304 16.6~ Im W~TER ~ G~ER 21~ 26.21~ (No. to vote for 3) (%/RP 100.0)l~, ~V BD ME~ER* {~/P~ ~0}ii ~V BD ~ER (~/P~ 18}[ WILLI~ B ~ING~ 2648 SNO~INE ~ ~IFIED (~/R~ 10) [[ ~IW~A EL~ (~/R~ 18} [ STEPHEN D DEaN 1617 6.6~ [ ~ L PACE / , g '¥,~60 r"13:4]: II (~o. to vote fo= 31 (l/R% ~00.0) Il Il II I ~A S~ MC~ 153 lS.Sl: II CX~ OF S~ BE~INO (~/RPT Page 3 ~ CONSOLIDATED ELECTION 0~F Date 11/13/2001 DABC02 ELD WI~IN SAN BERRARDINO COUNTY ON 11/6/2 Time 14:29:59 SUMMARY REPORT ~ D~LY ion 26.911 P~R RE~L~S 99 1'.911 ?I~A MO~MO ~v~ 2.~ DAVID H SIEURS 619 16.4[[ S~N ~IRO ~OZ 19 10.0~ L WI~ WILLI~ 24S2 ~-~11 II ~[ R~ ~RIEL NAVA 1046 6.9]] ~a CSD (~/RPT 0){] ~0~ P~K C~ (~/RPT 1)1I, L~E ~OS 20 e.41l ~0NGA ~ (fl/RPT s6) Il DAVID SP~GLER 370 ~Y F ~ " ~.~11 (.o. to vote for 2) (%/RP 100.0)[~ II ~ OL~ ;" 1006 ~.011 NO~ M "ILL~ 2~4 P~CK .0~ S~. ~-~1~ ~1 ~C~ ~NSY ~S ~"-~11 DI~R (~/P~ 1)il ~IL~ C~SSER 63 14.0]1 BIO RI~R CSD (~/RPT 1)]~ [[ DI~R - DIV i (~/P~ ~ ~T ~R 120 3~.I[[ (No. to vote ~or 2) (%/RP 100.01[[ JACK ~ING~ - 168 21.8]] (No. to vote for 3) (%/RP. 100.0,[1 ~E~ R LINSEY 149 19.31] [] DI~R (~/P~ .' 6)[[ (~/R~ '~ I[ ~o~ c.oa~u '. ' ~[ ELLEN ~ ..~.=,,,.~!~'~%:~.. ,..., ~ , . . . . . ,, '.-' ~,.~,l ,~ ~..~,:...~.,~.~,, ' ' '.'"' ,.' . ..,.~,.. ,~,: ~' .': ·; .. . ,,3; · ;, '."/ ~g.?;h.....: BEAUMONT-CHERRY lily WD (#/RPT 0) II BARS~X)W UMIFIED (#/R~T 11) MONTE E ROC~ o o.o{', ~1 ~ASuRE n DIRECTOR (#/PCT 33)11 SILVER VALLEY UMIF (#/RPT 2) EAST VALLEY WD (#/RPT 33)11 (No. to vote for 1) (%/RP (No. to vote for 3) (%/RP 100,0)11 ~;~ .... ,' ~ ";~3Ol,}'23'6 T~USTEE AREA NO 308 C~E M SHEE~ 1143 11.7[[ VImR SCH~L DIST (~/RPT ~Y ~s~ ~7~ v.~l[ II ~1 sREc~ YES ~o~. ~.ill (NO. to vote for 3) (%/RP 100.0)[[ M~E F (~/P~ [[ cs~ o? c.s.o (~/RPT ST~LEY ~KOV 1133 25.8[[ ~ICIP~ CODE YES 1711 61.9[] DAVID J V~ 623 14.2[[ ~E~ NO 1053 38.0]] (No, to vote for 2) (%/RP 100.0)[[ (NO. to vote for 1) (%/RP 100.0)]~ ~ .sc~ ~CCO~T ~4~ ~.~[[ ~S~/~DSC SVCS ~O ~0~ ie.S[~ ',[ M~ ~ (~/~ DIRE~OR (~/PCT 15)]] CI~ OF S~ BE~INO (~/RPT (No. to vote for 2) (%/RP 100.0)[[ JOSEPHINE M JONSON 660 30.1]~ 21 (NO. to vo~e for 1) (%/RP 100.0)]] ROBERT ~PE~EK 187 21.8,] D~R (~/p~ ~9) [[ WC~R V~LEY ~ (~/a~ ~)[[ (No. to vote for 2) (%/RP 100.0)[[ J~S N ~EDY ~103 (999) INDICATES ALL MAILED BALLOT - NO POLLING PLACES (*~) SAN BERNARD[NO COUNTY PORTION ONLYF November 7, 2001 27215 Base Line Bob Martin Highland, CA 92346 (909) 864-6861 General Manager FAX (909)862-3180 East Valley Water District www, ci,highland .ce.us P.O. Box 3427 Cit¥Council San Bernardino, CA 92413 Mayor John R. Starbuck Dear Bob: Mayor Pro-Tern Larry Brown I appreciate the opportunity we had to discuss the issue of potential relocation council Members of the proposed East Valley Water District administration and corporate yard. Ray Rucker, Jr. Rrad Sundquist n R Timmer AS yOU know, we are looking at sites that could be suitable for a location in an City Manager effort to exchange property with your current site at Webster/5th. Sam J. Racadio We are working the staff level to try to present some potential sites that would be acceptable. If you have any ~/~stions please contact me. Y°urS~. Sam J. Racadio City Manager DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING OCTOBER 23, 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: Director Sturgeon, Wilson STAFP. Robert Martin, General Manager; Paul Dolter, District Engineer; Alberta Hess, Chief Financial Officer; Mary Wallace, Administrative Assistant. LEGAL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews, Bob Memory APPROVAL OF AGENDA The General Manager requested that the following Closed Session Item: t9. CONFERENCE WITH LEGAL COUNSEL - EXISITING LITIGATION [Government Code Section 54956.9(a)] Name of Case: Metropolitan Water District of Southern California et al., v. Superior Court of Los Angeles County, California Court of Appeal Case Nos. B148446, B148451. be added to the Agenda as the need to add the item arose after the Agenda had been posted, M/S/C (Negrete-Goodin) that the October 23, 2001 Agenda be approved with the revision recommended by the General Manager. ~ PUBLIC PARTICIPATION President Lightfoot 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. M/S/C (Goodin-Negrete) that the September 25, 2001 Board Meeting Minutes be approved as submitted. APPROVAL OF OCTOBER 9, 2001 BOARD MEETING MINUTES. M/S/C (Goodin-Negrete) that the October 9, 2001 Board Meeting Minutes be approved as submitted. APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. M/S/C (Goodin-Negrete) that the liens for delinquent water and sewer accounts be approved for processing as submitted. DISBURSEMENTS M/S/C (Goodin-Negrete) that Accounts Payable Checks #186598 through #186761 distributed October 3-10, 2001 in the amount of $1,177,71.44 and Payroll Checks distributed October 12, 2001 in the amount of $83,073.90 totaling $1,260,790.34 be approved. RADON RULE UPDATE The General Manager stated that there was nothing new to report on the District's progress with the Radon Rule. Information only. DRAFT 4 OF THE TASK FORCE AGREEMENT TO FORM THE UPPER SANTA ANA RIVER WASH LAND MANAGEMENT AND HABITAT CONSERVATION PLAN TASK FORCE. The "Task Force" agreement was discussed at length with the recommendation to approve the agreement and appoint Glenn Lightfoot as the voting member and Robert Martin as advisory representative. M/S/C (Negrete-Goodin) that the Board approve the agreement as well as the recommended financial contribution and make the recommended appointments. M~NUTSS: DISCUSSION AND POSSIBLE ACTION REGARDING THE PARKING LOT (10 acre site) LEASE AGREEMENT. No action was taken on this item due to the lack of information from Kenneth Noorigian's office. Information only. DISCUSSION AND POSSIBLE ACTION REGARDING THE LEASE AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND HIGHLAND HARVEST BARN, LLC. Directors Lightfoot and Goodin met with David Eady (Highland Harvest Barn) to discuss the plight of the farm due to governmental restrictions, etc. M/S/C (Negrete-Goodin) that the existing lease be re-negotiated on a 3% gross basis and approved pending legal review and that the General Manager be authorized to sign that revised lease on behalf of the District. RESOLUTION 2001.25 - CONVEYANCE OF PIPELINE EASEMENT FROM EAST- WEST STORAGE, LLC. was presented to the Board for approval. M/S/C (Negrete-Goodin) that Resolution 2001.25 be approved. DISCUSSION AND POSSIBLE ACTION REGARDING AUDIT REPORT FOR FISCAL YEAR ENDING JUNE 30, 2001; SINGLE AUDIT REPORT FOR YEAR ENDED JUNE 30, 2001. Mr. Bob Memory (Rogers, Anderson, Malody & Scott) gave a detailed presentation of the East Valley Water District's Audit Report for Fiscal Year ending June 30, 2001 and the Single Audit Report for year ended June 30, 2001. M/S/C (Negrete-Goodin) that the Audit Report for Fiscal Year ending June 30, 2001 and 2000 and the Sihgle Audit Report for year ended June 30, 2001 be adopted and approved. OCTOBER 2-12, 2001 RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on October 2-12, 2001 was reviewed. Information only. GENERAL MANAGER'S REPORT The General Manager reported on District operations to date; that the Plant 37 Project will soon be underway; that the grant application for the Arroyo Verde Proiect is close to being approved; that increased Perchlorate levels have been detected in some wells. information only. 3 MINUTES: 10/23/01 ORAL COMMENTS FROM BOARD OF DIRECTORS. Director Lightfoot requested an outline from Jo McAndrews for the District's 2002 Pemhlorate Conference which he could hand carry to Johnson Machinery to request a sponsorship from them. There being no further verbal or written comments from the Directors, this section of the meeting was closed. CORRESPONDENCE FROM ACWA TO SENATOR BOXER REGARDING LEGISLATION TO BE INTRODUCED ON WATER INFRASTRUCTURE. Information only. ECONOMIC FORECAST BREAKFAST, NOVEMBER 30, 2001, RADISSON HOTEL, SAN BERNARDINO. information only. CLOSED SESSION M/S/C (Negrete-Goodin) 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 and added to the Agenda. ADJOURN TO REGULAR SESSION M/SIC (Negrete-Goodin) that the meeting adjourn to regular session. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to regular session at 3:35 p.m. The items listed on the Agenda were discussed in closed session with no reportable action being taken. ADJOURN The meeting was adjourned at 3:35 p.m. Glenn R. Lightfoot, President Robert E. Martin, Secretary 4 MINUTEg: 10/23101 CERTIFICATE OF LIEN NOVEMBER 13, 2001 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 001-0096-4' 1179 33RD ST 77.76 2. 008-0016-3' 1991 CENTRAL AVE #8 36.45 3. 015-0051-2 25351 LOS FLORES DR 23.95 024-0t44-0 5546 EDGEMONT DR 69~87 5. 042-0012-t 5764ELMWOOD RD 17.74 6. 042-0015-0 5784 ELMWOOD RD 44.39 7. 042-0180-9' 1551 MARSHALL BLVD #C 14.89 8. 044-0107-4' 1485 ORCHID DR 67.38 9. 052-0256-1 25640 PASlTO ST 776.05 10. 063-0073-0* 1430 BLYTHE AVE 84.15 11. 071-0029-7' 25668 BYRON ST 104.23 12. 073-0125-5'+ 7071 GLASGOW AVE 57.77 ~ 081-0173-0 7103ARGYLE AVE 21~5~3 14. 082-0009-7*+ 7362 ELM ST 1137.45 15. t01-0150~t* 7513 LYNWOOD WAY 92.25 16. 103-0113-2' 7685 GUTHRIE ST 25.31 t7. 104-0203-8' 378 4TH ST 89.21 ~t8~ 111-0027-0' 26544 WARD ST t9. 111-0214-1' 7630 VICTORIA AVE 119.50 20. 112-0118-5' 24561 COURT ST 48.11 21. 113-0245-5' 24771 MONTEREY AVE 79.96 ~ 114-0164-4'+ 8046 MARILYN AVE 1 23. 114-0164-4+ 8046 MARILYN AVE 22.01 24. 116-1549-0 27042 MESSINA ST 78.73 Page 1 of 2 25. 116-1601-1' 27169 MESSINA ST 58.33 26. 135-0223-2 2683 HOLLY VISTA BLVD 47.82 27. 136-1902-2' 26571 SPARKS ST 16.66 28. 144-3011-3' 27638 PATTEE CT 99.60 29. 154-0013-0+ 7113 CONE JO DR 12.66 3~ 154-0271-1 7576 GOLONDEINA DR ~22~1 ~1'~. 156-0002-0* 6986 CHURCH AVE '~A,.~ 32. 165-0026-1' 29184 STONEGATE LN 244.38 TOTAL $3,882.92 * STILL OWNS PROPERTY + MULTIPLE UNITS Page 2 of 2 V "~ ~'~ yalle Glenn R. !Jghffoot East Water District Pr.id.t Donald D. Goodin Vice President 1155 Del Rosa Avenue,, P.O. Box 3427 Kip E. Sturgeon Director San Bernardino, California 92413 Edward S. Negrete (909) 889-9501 Director George E. "Skip" Wilson Director Robert E. Martin General Manager Atberts M. Hess Chief Financial Officer November 2, 2001 The accompanying financial statements for the period ended August 31, 2001, have been prepared solely by the staff of the East Valley Water District and have not been audited, reviewed, or compiled by an independent certified public accountant, Management has elected to omit substantially all of the disclosures and the statement of cash flows required by generally accepted accounting principles. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the District's financial position, results of operations and cash flows. Accordingly, these financial statements are not designed for those who are not informed about such matters. Administration (909) 885-4900, Fax (909) 889-5732 · Engineering (909) 888-8986, Fax (909) 383-1481 Customer Service & Finance (909) 889-9501, Fax (909) 888-6741 East Valley Water District Balance Sheet ' August 31, 2001 ASSETS Utility plant in service - water department $66,779,861.00 Utility plant in service - sewer department 19~550,167.60 86,330,028.60 Less: Accumulated depreciation (26~290~543.16) 60,039,485.44 Construction in progress 3,920,399.46 63~959~884.90 Water departraent - bond funds - cash in bank 6,475.00 Certificate of Participation reserved funds - cash in bank 5,989,548.68 Reserved funds - designations - cash in bank 1~561~450.00 7~557,473.68 Cash on hand and in banks 12,529,801.97 Less: Cash restricted 7,557~473.68 4,972,328.29 Accounts receivable (net of allowance) 1,167,936.14 Other receivables (net of allowance) 136,666.52 Inventory 780,540.03 Prepaid expenses 70,700.16 14,685~64432 Bond discount and incidental bond expenses 31,725.60 Deferred financing charges 473,936.11 505,661.71 TOTAL ASSETS $,86~708,665.1t East Valley Water District · Balance Sheet August 31,2001 LIABILITIES AND EQUITY Certificates of Participation due after one year $16,083,393.62 Less: Deferred amount on refunding of Certificates of Participation (854~765.78) 15,228~627.84 Accounts Payable 1,085,631.17 Accrued payroll and benefits 348,270.66 Customer service deposits 1,018,188.48 Deferred Rental Income 55,833.00 Accrued interest payable 120,028.98 Deposits - refundable 138,110.09 Certificates of Participation due witbin one year 1,726~266.00 4,492~328.38 TOTAL LIABILITI ES 19~720~956.22 Contributed capital: Invested in utility plant 23,311,389.22 Other contributed capital 3,665,614.18 Retained earnings: Reserved for water bond funds 6,475.00 Reserved for emergencies 1,545,000.00 Reserved for unemployment insurance 16,450.00 Fund Balance 37,526,518.67 Net Income for current year 916,261.82 TOTAL EQUITY 66,987,708.89 TOTAL LIABILITIES AND EQUITY $86~708~665.11 ~o~ ~ _ RESOLUTION 2001.27 V A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ACCEPTING DEDICATION OF SEWERS 7347 BOULDER AVENUE BE iT HEREBY RESOLVED by the Board of Directors of the East Valley Water District, as follows: WHEREAS, the sanitary sewers and appurtenant structures constructed in accordance with specifications of the East Valley Water District at 7347 Boulder Avenue for public use in the City of Highland, have been dedicated to East Valley Water District by Henry J. Meyer. NOW THEREFORE, BE iT HEREBY RESOLVED, that the Dedication of Sewers dated September 12, 2001 and executed by Henry J. Meyer on September 12, 2001 be accepted and all rights, title and interest in and to said sewers be vested in the East Valley Water District, and that the Secretary of this District be, and is hereby authorized and directed to record this Resolution with said Dedication of Sewers attached hereto, in the office of the County Recorder of the County of San Bernardino, State of California. V The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District, upon motion duly made, seconded and carried on November 13, 2001. AYES: Directors NOES: ABSENT: EAST VALLEY WATER DISTRICT Glenn R. Lightfoot, President Attest: Robert E. Martin Board Secretary S2164 11/2J01 jw 262.114 R~ECOROING REQUESTED BY: East Valley Water District WHEN RECORDED MAIL TO: East Valley Water District Post Office Box 3427 San Bernardino, California 92413 DEDICATION OF SEWERS Board of Directors East Valley Water District San Bernardino, California 92413 DATE: ~'~' We_hereby declare that the sanitary sewers and appurtenant structures to be constructed in '"'~uc-;/ (~bOJ._k~_~¢' ~.'./~.~d..¢_ in accordance with all the requirements of the East Valley Water District are intended for public use and that upon their acceptance by said District, all rights, title and interest of the undersigned in and to said sewers shall thereupon vest in the District. The within dedication shall be binding upon heirs, successors, assignees, executors, or administrators of the undersigned, The undersigned further declares and hereby certifies that there are no liens or debts of any nature presently due or outstanding against or upon said sanitary sewers and appurtenant structures for labor or materials or for any other cause, and that the undersigned will hold East Valley Water district free and harmless from any and all such claims of liens asserted upon said sanitary sewers and appurtenant structures should they be claimed or arise provided such claims or liens arose from acts which occurred o~ or before the date listed above. (Corporate Seal) Il STATE OF CALIFORNIA ) COUNTY OF ~'~ /fr,~,/¢~ ) On ~e)oCem~'/- /,~ ,20 0 ~ , before me, the undersigned, a Notary Public in and for the said County and State, personally appeared He/3y personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) .L~are subscribed to the same in his/her/their authorized capacity (ies), and that by his/her/their signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. 22 Base Line l/~ ., VICINITY MAP N.T.S. : RESOLUTION 2001.28 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ACCEPTING DEDICATION OF WATER DISTRIBUTION SYSTEM 7347 BOULDER AVENUE BE IT HEREBY RESOLVED by the Board of Directors of the East Valley Water District, as follows: WHEREAS, the water line relocation system and appurtenant structures constructed at 7347 Boulder Avenue for public use in the City of Highland, have been dedicated to East Valley Water District by R. Bryce Shirley, Attorney-in-fact for KFC of America, Inc., a California Corporation. NOW THEREFORE, BE IT HEREBY RESOLVED, that the Dedication of Water Distribution System dated October 22, 2001 and executed by R. Bryce Shirley on October 22, 2001 accepted and all rights, title and interest in and to said water system be vested in the East Valley Water District, and that the Secretary of this District be, and is hereby authorized and directed to record this Resolution with said Dedication of Water Distribution system attached hereto, in the office of the County Recorder of the County of San Bernardino, State of California. The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District, upon motion duly made, seconded and carried on November 13, 2001. AYES: Directors NOES: ABSENT: EAST VALLEY WATER DISTRICT Glenn R. Lightfoot, President Attest: Robert E, Martin Board Secretary W 2164 11/2/01 jw 262.114 RECORDING REQUEST BY: ~ ~ East Valley Water District WHEN RECORDED MAIL TO: East Valley Water District Post Office Box 3427 San Bernardino, California 92413 DEDICATION OF WATER SYSTEM Beard of Directors East Valley Water District San Bernardino, California 92413 DATE: October 22, 2001 The undersigned hereby declares that the water system and appudenant structures to be constructed in 7347 Boulder Avenue, Hiqhland, CA in accordance with all the requirements of the East Valley Water District are intended for public use and that upon their acceptance by said District, all rights, title and interest of the undersigned in and to said water system shall thereupon vest in the District. The within dedication shall be binding upon heirs, successors, assignees, executors, or administrators of the undersigned. The undersigned further declares and hereby certifies that there are no liens or debts of any nature presently due or outstanding against or upon said water system and appurtenant structures for labor or materials, and that the undersigned will hold East Valley Water District free and harmless from any and all such claims of liens asserted upon said water system and appurtenant structures should they be claimed or arise provided such claims or liens arose from acts which occurred on or before the date listed above. STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) On October 22, 2001, before me, the undersigned, a Notary Public in and for said County and State, personally appeared R. Bryce Shirley, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the same in his authorized capacity, and that by his signature on the instrument the person, entity upon behalf of which the person acted, executed the instrument. Base line - 5~h st. VICINITY MAP e N.T.S, East Va ' ey Water istrict TO: BOARD OF DIRECTORS FROM: ALBERTA M. HESS / CHIEF FINANCIAL OFFICER SUBJECT: DISBURSEMENTS DURING THE PERIOD OCTOBER 17,2001 THROUGH NOVEMBER 2, 2001 CHECK NUMBERS 186762 THROUGH 187007 IN THE AMOUNT OF $ 1,224,738.08 WERE ISSUED. PAYROLL CHECKS WERE DISTRIBUTED IN THE AMOUNT OF $84,560.67 ON OCTOBER 26, 2001. TOTAL OF ACCOUNTS PAYABLE DISBURSEMENTS AND PAYROLL FOR THE PERIOD - $ 1,309,298.75. FROM : HICKS RICI-~DSON ASSQCIAT FAX NO. : 70~ 866 4928 '. 31 2801 05:08PM Pi (~ HICKS-R1CHARD,~ON ASSOCIATES PO. BOX2115 S PRINGFLELD, VA 22152-0115 FRED B, H1CKS Ph.D. TEL 7Ck3~866-4290 IAX; 703-866~928 Managing Partner October 3 !, 2001 TO: Bob Mm and Slfip Wilson FROM: Fred B. Hicks SUBJECT: Breaking News Heard from Joe Findero. He says that Whitman will announce tiffs afternoon that the new arsenic standard will be 10 ppb. I have not detected anything official as of yet, but that what Joe ways and he is close to Tracy Mehan. On the radon front, Joe says that Tray has asked us to pm on a 'full dress briefing at .EPA. for him on radon, with EPA staffpresent. I guess that Tracy wants to bring this right out in the open, and I don't see why we should flinch at the prospect. Joe suggests that We put together a full group from our side ir, eluding AWWA, NWRA, ' ASDWA, etc. etc.. That's OK with me. Th~ one concern is thal I have been to many such meetings at EPA with AWWA a.m:l They like to do all the talking. But perhap~ we can work out some sort ofprotoeol for the preseatation. The request for the briefing fi.om Tracy is a result of(l) the East Valley Meha~ breakfast and (2) the East Valley "Radon's Greatest Hits" piece. Agaia, I think that we should not back up one inch fi.om going into the EPA lair and con.~ontiug the staffin a proactive manner. I understand that Jira Taft and Cynthia might be willing to be extremely nasty durhag such an exchange but what the beck. It this a great cotmtry or what? I'm leaving to go out with Meredith and some friends trick or treating at 5:30 DC time but the voice mail will be on. FROM : HICKS RICHARDSON P~SQ£1I~T~ FAX ND. : ?0] @6~ 49L~ } . 01 ~l~l 04:35PM p! HICKS-RICHARDSON ASSOCt ~t'F~S P.O, BOX 2115 SPRINGFIELD, VA 22152-0115 I-ILED B flICKS. ?h.D, TEL. 103466~2¢0 FAX: 703.S664~8 Managing Panner November 1, 2~1 TO: Bob M~ ~d S~p W~on ~ ~OM: Fred B. ~cks SUB.CT: Conv~r~tioa WRh Joe F~d~o I ~ ~ oppon~ty to s~ ~th joe ~s ~emooa. I told ~m tMt E~t V~ley w~ co~ to co~ ~ck to DC ~d would ~y suppo~ ~d p~icipate ~ the Meh~ brie~g. He ~d tMt ~ o~y ~quest ~ ~e he MC the meet~ ~d I to~ ~ tMt wm ~ enou~ We ~th a~d tMt &e ne~ ~¢p wo~ ~ for ~ to con~t Tra~ ~d ~ e~br~g ~ssibl¢ ~t~e dates. We a~d that m~ week w~just too soon ~ is pro~bly tM w~k of Nove~r 12'. ~ ~t. you ~ve ~ksb~ and ~e nero week ~,ACW~ Per.ps the ~st timbre ~ght ~ to comid~ the ~st, ~con~ ~ th¢d weeB M Decem~r that wo~d m~e~oM to the 3'a, the 10~, ~ ~ 17~. Joe ~d as t~ MC t~t ~ could ~d~ ~e A~A ~ys. 1 told ~ ~at I was cma~ ~t this w~ co~ect b~ t~t w~ ~I w~ a ~alegy ~d p~g session ~ong ~e p~cip~m m t~e p~e ~fore we go over to EPA. He agreed. He ~o strongly agre~ ~ my suggestion ~t Dave LesStmng ~compmy ~ to tM meeting. F~lly, Joe ~d tMt on~ we g~ t~ ~t up, we ~ ~ve to reset ~e c~ ofthou~d$ t~t ~ pmb~ &~d to show up o~ the ~e~g ~omes pubfie ~owledge. He thought that ~ere should ~ no rare t~ 10-12 ~om om side ~ oMy a ~etion of tho~ doi~ my tang. I'm pres~ tMt t~ would ~clude us, $oe, David Re.olds, ~WA rep, V~es~ Lieby ofASDWA, ~d ~e A~A ~ys. Ag~ I ~ t~t the ~I~ ~ t~t ~ ~au~ One shows up at this ~, one doesn't n~ ~ve to o~n om's moutk I ~k o~ r~on ~n~ ckcle ~ perfected ~e t~ue of each of~ ~nffibuling to the con~r~tion. ~o ~g~ of Rur~ Water ~ a gentle~y so~ of ~mn ~fl V~s~ Licby is a re~ l~y. I wo~ e~et ~e threat of excess t~ to come ~om other c~les ~ 1 m not ~ ~t Joe c~ consol R even ~o~h he ~ cen~y ~. At ~y rate, ~t's w~ we ~d at t~e mom~t. I~e ~s go~ to ~ wor~g ~th Tra~ for futu~ ~e~ ~tes ~ we ~ ~gh to work on o~ ~ of those who n~ to ~ ~re bom our side. F~y, I Mve aRached ~ W~on Post ~cle on ~e ~se~c relation F~. F~OPi : ~CK$._ RICI"iF~C~JON, F~J~J2CJF~T'~ FF~.X NCI. : 7i~13 i~,~., 4~t~ ,. E)! 2(~:J 04:.3GPP1 P2 --- voaghin~loBlOost.com: Ar$~g Water Standard Issued ~ Page I oJ 2 Arsenic Drinking Water Standard Issued ARer Seven-Month Scientific Review, EPA Ba~ks Clinton-Established Levels By Edward Walsb Washington Post $taffWrit~' Thuxsday, November 1, 2001; Page Seven months a/let it set efta political fu-eslorm by suspending thc Clinton adminislration's toughened standard for acceptable levels o£naturally occurring arsenic in drinking water, the Bush administratiop announced yesterday that it is adopting the same standard of 10 parts arsenic per bilhon parts water. In a letter to key congressioral appropriations committee members announcing the decision, Chrisline Todd Whitman, administrator of the Environmental Protection Agency, said the standard "will improve the safely of ch'inking water for ngliions of AmericanS and better protect against the risk of cancer, heart disease and diabetes." But admini~tratinn critics greeted the announcement by saying th.e EPA had no cl~ice but to retain the 10-pans-per-billion standard. They argued that a re~nt study commissioned by the administration showed that it should have adopted an even tougher standard of 3 par~s per billion. "They're moving in the right direction, but t~did it because th~/l~d no c,3oice," said .Sen. Barhara Boxer and others said a National Academy of Sciences study released in September concluded lhat an arsenic standard ell0 parts per billion would produce a cancer risk that far exceeds what the EPA considers aceepiable. . "We lhlr'Jc thai obviousll/the~areeo~nized the writin:~ on the wall and d,e¢ided, to stiCk_with 10 parts l?~billi~n rnth~-r than t'~llaw the new science that sh9ws '~aev should _oc~ ~low 10." sa~d Enk D. Olson, a lawyer with the Natural Resources Defense Council. The EPA asked for the study in March when it suspended one of the last acts of the Clinton administration, a tightening of'the long-standing federal standard for arsenic levels in clri.n, kiog water ti'om 50 parts per bilffon to 10 par~s per billion. Whitman said at ~he time that the Clinton rule had been hastily adopted without 'adequate scientific study or comideration of costs to small communities that would be forced to change the'tr water filtration sys'cems. But suspension of the Clinton standard caused an uproar and led to portrayals of the new Bush administration aa hostile to the environment, and Bush's job approval raiings slipped sign~antly in public opinion surveys; The tlous¢ and the S~nate larer adopted measures requiring the admin~trafion to adopt an arsenic standard of no mom than I 0 parts per billion. Then canu: the National Academy of Sciences report, which Olson said showed that a standard of 10 parts per billion resulted in a cancer risk "flu' higher than anyone had previously estimated." According to Olson, the study said that exposure to water with arscaie levels of 10 parts per billion is associated with a risk of 30 cancer deaths per I0,000 p~ople drinking the water, which would be 30 times the EPA's acceptable rate of one death per 10,000 drinkers. http:/lwww.washJngt onpo st.com/ac2/wp-dyn/A20926-200 ] Oct31 ?language's'printer 11 / 1/01 FROM : HICKS RICPARDSOH ASSQCIA' FAX NO. : 7~3 866 4928 ~u. 01 2~1 ~4:~6PH P3 washingtonpost.c0m: Arsenic ]!~mking Water Standard Issued ~'~ Page 2 of 2 "They ordered a new study as a delaying tactic, and it came back and bit them in the arsenic.," Boxer said. B.~nt Mike Kee~an~ an analyst with the24ational Rural Water Assoeiatio~t, which he said repr. esems 22,000 small communities across the country, said there is 'an incredible amount of uncertainty' even about the National Academy of Sciences report on arsenic levels and that, with such uncertainty, the communities that will be directly affected should be allowed to decide what is an acceptable level of arsenic in their drinking water. Keegan predicted that the tougher standard will lead to substantial increases in water charges in many towns, as they purchnse improved filixation systems. "You've taken a public health step backward," he said. 'All of these people have limited funds to pay for health costs. Each time you force them to raise their water bills you limit their choices of where they would like to put their limited public health funds." Boxer said Re will push ibr lcgis~tion forcing the EPA to adopt "the lowest level that is achievable" for arsenic in drinking water. Olson said that is considered to be 3 parts per billion. House Minority Whip David E. Bonier (D-Mich.) said he was pleased the administration had done "what they should have done months ago." He said there would be continued battles over the issue but added, "I think right now people will accept the 10 parts per billion, and that will be the standard." The EPA said that water systems across the country will have to be in compliance with the 10-parts- per.billion standard by 2006. In her letter to Congress, ~tman said that almost 97 percent of the wat.~.~ s¥,ae,~e that ~ be affected by the new standard serve fe~er_tha~' I 0.ooo needle each. She said the EPA plans to provide $20 miISon durinl~ th~ next two years for research and development of~ost- ~.~ffectiv~ tech981ogie~ to help ~wat.er systems meet the stan ..d..,ar, d; Arsenic occurs naturally in reeks, soil, water, air, plants and animals. According to the EPA, international studies have linked long-term exposure to arsenic ~ dritflcing water to cancer of the bladder, lungs, skin, kidney, nasal passages, liver and prostate. © 2001 The Washington Post Company bttp://www, waslfmgtonpost.com/ac2/wp-dyn/AP-O926.20010ct31 ?language=printer I 1/1/01 IC), IAJ~i4A2,~AI]m4G.LIZ th~ Tem~ b n~ in h'e~ o~ dee~ (oh' notb ,,nd ~ ot'~/q~cai~e ou-e period) ~F &ny providon ottbis Sublease. EAST VALLI~ WATHA DISTINCT, By: ~ V 1~ OT .TCY ~tj%ifB ~P,2 390-0897-1 C Ol%~r~ I~CIAL TI-lIS EI~'DOKSI~M~--NT CI-L~qGES ~ POLICY ~T i~ ~ ~ ~ C~Y ADDITIONAL LN'SUI~ET) - OWNEI~, LESSEES OR CONTRACTORS ffOI~,M B) CALIFORNIA GOLF HO ,LDINGS, A CALIFORNIA CORPORATION CG 20 lO 11 ~ CERTIFICA,,,, INSURANCE C.R.Cooper Insurance Brokerage .... ~Hi~-c~IFi~T~ IS ISSUED AS A MA~'ER OF INFORMATION ONLY AND CONFERS NO RIG.S UPON THE CERTIFICATE ~t5 ~. "D" ~. s~e. ~o~ HOLDER. THIS CE~IFICATE DOES NOT AMEND, ~END OR s~n se=~a=~o C~ 92~0~ ALTER THE COVE~GE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE A C D WORKERS COMPENSA~ON AND ~ STA~TO~ UMITS DESCRIPTION OF OPERAT[ONS/LOCATION~/VEHICLES/SPECIAL ITEMS ALL OPER]~TIONS, CERTIFICATE ROLDER IS NAMED ~S AN ADDITIONAL INSURED ~[~TION DATE THEREOF, THE [~SUINQ OOMPANY WILL END~VOR TO MAIL ...................... ; "~ ......... .~ ~ ~~ ~~E~ ~~fi FIRST AMENDMENT TO PARKING LOT SUBLEASE Thi~ First Amendment To Parking Lot Sublease ("First Amendment") is made and entered into as of-~t~Jk/-S~k 'Z-] 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 Bernardino, State of California, consisting of all of the paved parking area located on Assessor's Parcel Numbers 286-111-07, -08 and -1 I, 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. Ail 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 deliverer 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. IN 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 SAN MANUEL BAND OF~SSION INDIANS, a Federally-re. cognized~an, Tribe 2of3 // 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 property, 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 (after 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 Extended Term after the date of termination, with reimbursement to be made within ten (10) days of the date of termination. EAST VALLEY WATER DISTRICT, a public agency By:~~~ 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 e~tared 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 called LESSEE. WITNESSETH WHEREAS, the parties hereto entered into' that certain lease dated January 12 1990, as amended on November 12, i997; covering the premises known as approximately 78 ao'es located at the Patton State H0~pital San Bernardino County State 0f California. wHEREAS, the parties hereto desire to amend said ~'i~eme~ to provide dante changes in the construction schedules for the completion of th~ drainage facilities and the golf recreatior{.facilities. : .. -N'0W,':]'HEREFOR~,-it-iS'IilU'iU~Ily agreed ~;'tw:~el~"~e 'pa~ti~s I-;ere~o~aS foll(~Ws::, ~ ; ;i," P'~ragr'a~h 12, Use Requirements, Is changed tO Add'~h~ f°ilowing language. : Said consti-U<~ti0n"(~f d~:ainage facilities shall be compl6te~n Or before December: 31, 2000, and upon the fo bwing terms and ~cenditions .. ~ ~ a. Lessee ~11 C. bmpl~f~e' the~'design~ of plans for the st6rm drain improvements in a timely 'manner, one suf~clent enough to obtain the required approva!, Of said storm ' drain improvements from thesan- Bemardino County FloOd Control DiStrict, in order to . meet the D?F.,~r~be~31~.~2000, C°rnpleti0n date~! . i ' .:.' ~ ' b. L~ssee shall pr(~vide S[a~e c°pi6~ ~f the'pr0is0se(:J storm drain 'i'mpr0vements, prior to submission of said plans tothe San Bernardino County Flood Control District. 2. Construction of golf ~'ecreation facility shall be completed On oi; 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 By: By: LINDA A. POWELL Title: Deputy Director, Administrative Services Title: President, Board of Directors PATTON STATE HOSPITAL ROBERT E. MARTI~;]~ Title: General Manager/Board Secretary By: - - : '::~ ' WILLIAM SUMMERS Title: Executive Director . . ApPR0~ED': ' DIRECTOR OF DEI~,~RTMENT OF GENERAL SERVICES' . , . By; - CHERYL L. ALLEN, Manager Title: State Owned Leasing and Development Real Estate s~rvices Division 1172_AMD -2- RESD (6/2000) Lw. vnvw. & .~SSOCIATE$ August 26, 1999 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: $122.50 to East Valley Water District and the balance to California Golf Holdings, LLC. T,~.~ E~ · California Golf Holdings '"~?°""~"$ ^~' ~ 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. Ve~ truly yours, _ ~COPELAND EC:rb cc: Steve Kennedy AGREED AND ACCEPTED: VICTORIA DEVELOPMENT COMPANY, A California Limited Padnership By:, Henry Duro, Managing General Partner EAST VALLEY WATER DISTRICT, A Public Agency CALIFORNIA GOLF HOLDINGS, LLC A Califor. nia Limited Liability Company ~, By: Co-Managing Partner By: 07',C:\C LI ENT~SAN MAN~CALG OLF2.LTR Secretary LE¥I~s ~ -A~SSOCL~TES March 29, 2000 Kenneth C. Noorigian, Esq. Noorigian & Associates, P.C. Attorneys at Law 1010 Second Avenue / ~ ~.---' ¢-.¢/(..~, Suite 1350 , San Diego, California 92101-4905 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- 111-07, -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 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 FourthAmendment 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: $122.50 to East Valley Water District and the balance to CLC Developers, LLC. LEVL~S & ASSOCZATES CLC DeveI0pers, LLC A~OR~S ^7 ~^w March 29, 2000 page 2 Except as amended hereby, all of the terms and conditions of the Sublease as amended by the first amendment, remain in full force and effect. Va .ry, t_,ruly you rs, /-) j) PELAND EC:rb cc: Steve Kennedy, Esq. Victoria Development Company AGREED AND ACCEPTED: VICTORIA DEVELOPMENT COMPANY, A California Limited Partnership By: Deron Marquez Managing General Partner EAST VALLEY WATER DISTRICT, A Public Agency CLC DEVELOPERS, LLC A California Limited Liability Company By:. Irwin A. Mandel 07%C:\CLIENT%SAN MAN\CALGOLF3,LTR NOORIGIAN & ASSOCIATES, P.C. ATTORNEYS AT LAW KENNETH C. NOORIGIANt TELEPHONE ERIC L, HOFFLAND TH~ EXECUTIVE COMPLEX (61~9) 232-2174 ~ETER J. SALMON t 1010 SECOND AVENUE SUITE 1770 FACSIMILE · . .tAl$oAdmlttedto }Yashington, D.C. SAN DIEGO, CALIFORNIA 92101 ' (619) 232-2170 September 13, 2000 Steve M. Kennedy, Esq. Brunick, Alvar~$ & Battersby 1839 Commercenter West · San Bernardino, CA 92412 Re~ PARKING LOT SLTBL~A~E Dear Mr. Kennedy: " Encloses please find the Amendment ("Fifth Amendment") to the Parking Lot Sublease. Should you have questions, p/ease do not hesitate to call. · Sinc ~ely, /f . ".- Assistant to Noorigian & Associates, P.C. Law 0tlices HOLLAND &"KNIGHT LLP OdanOo Boston Providence Bradent0n St. Petersburg 633 West Fifth Street Chicago Sen Francisco Twenty-First Floor Fort Lauderdale Seattle Los Angeles, California 90071-2040 Jacksonville Tallahassee Lakeland Tampa 213496-2400 Los Angeles Tokyo FAX 213496-2450 Melbourne Washington, D.C. www.hklaw.com Mexico City West Palm B~ch Miami P~.~t~ ~c~: New York Northern W~inia September 11, 2000 V_ /A FACSIMILE & U.S. MAIL Kenneth C. Noorigian, Esq. Noorigian & Associates, P.C. The Executive Complex /.- 1010 Second Avenue, Suite/1350 San Diego, California 921 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 CIS, 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. v RECEIVED SEP I 8 2000 03-C:ICLIENT~SAN-MANILETTERSWOORIGAN.3 BRUNICK, ALVAREZ & BATTERSB¥ Kenneth C. Noodgian, Esq. Noorigian & 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. Ve.¢~ truly you. rs, / ../F.-~,,~ ,-~.q.f.~ ~.~ ~C/sf cc: Victoria Developmont Company Stero ~ennedy, fisq~ AGREED A~D ACC~TfiD: VICTORIA BEVEkOPM~NT a California kimitod ~a~nership By: DERON MARQUEZ, Managing General Partner EAST VALLEY WATER DISTRICT, a Public * -" ~g6, Cy By: CLC DEVELOPERS, LLC California Limited Liability Company IRWIN A. MANDEL 03-C:iCLIENT~SAN-MAN~ETTERSWOORIGAN. 3 Pursuant to Section 24 of the Lease entered into between EAST VALLEY WATER DISTRICT ('2vlaster Landlord") and HIGHLAND HARVEST BARN, LLC ("Sublandlord"), on July 25, 2000 ("Master Lease"), Master Landlord hereby consents to the foregoing Sublease entered into between Sublandlord and H&H CITRUS, INC. ("Subtenant"), subject to the following conditions: 1. All of the provisions characterized as "Recitals" in the Sublease shall be construed as contractually-operative covenants to which Sublandlord and Subtenant shall be bound; 2. Master Landlord shall be entitled to enforce any provision of the Sublease as a third party beneficiary; 3. Sublandlord shall fully comply with all provisions of the Master Lease, including but not limited to the timely payment of rent to Master Landlord under Section 3 of the Master Lease; 4. Sublandlord shall apply the revenues generated by the Sublease to pay any and all rent that is due and/or owing to Master Landlord under the Master Lease; 5. Subtenant shall not perform any activity on or affecting the property which is the subject of the Master Lease that is in violation of, inconsistent with, or incompatible with, any provision oftbe Master Lease; 6. Nothing in the Sublease or Master Landlord's consent thereto shah be treated or otherwise construed as a waiver of Master Landlord's ability to enforce any provision of the Master Lease as against Sublandlord or Subtenant; 7. Nothing in the Sublease or Master Landlord's consent thereto shall be treated or otherwise construed as an estoppel to Master Landlord's ability to enforce any provision of the Master Lease as against Sublandlord or Subtenant; and 8. Master Landlord reserves the fight to revoke its consent to the Sublease and demand mediate reiinqhishmem of possession of the subject property by Sublandlord and/or Subtenant at any time if the terms of the Master Lease and the Sublease have been, are being, or will be, breached or not fully performed to the satisfaction of Master Landlord. Dated: EAST VALLEY WATER DISTRICT Glenn 1L Lightfoot President, Board of Directors SUBLEASE THIS SUBLEASE is made om_>.~-~.~ .~t~,c \ , 2001, between HIGHLAND HARVEST BARN. LLC ('Sublandlord'), whose address is ~\ .~k. ~'~-'~'~, X~~xq~ , and H~H CITRUS, INC. ("Subtenant'), whose ad.ess is~ R%~ ~e .~who a~ee as [o[ows: Redt~s. This sublease is made with reference to the [oilo~g facts and a. 5ASI V~LEY WATER DISTRICT ("Master Lan~ord'), and HIGH.ND ~VEST BARN, LLC, Sublan~ord, as Tenant, entered into a ~tten Lease dated ~v ~ , _0_, ( Master Lease ), regar~ng tha~ re~ properV deschbzd ~ para.apb ~ of t~s Sublease. b, Subtenant desires to Sublet the presses ~om Sublan~ord on the pro~sions conta~ed ~ this sublease, except~g ~h~t HIGH.ND HARVESI BARN ~1 be ~lo~ed to use one-ha~ of the f~m~ng land, one-fourth o[ the cooler space and the t~ck ramp to the cooler during loa~ng and u~oa~g periods. c. Sub lessee, H~H CITRUS agees to ma~ta~, insure ~d other ~sa properly cnre for and operate ~ equipment, exclu~ng the t~cks w~ch sha~ be used by Subl~ord HIGH.ND HARVEST BARN for ~ansport of ~it, ~ exchange for use of said equipment for da~y operation~ d. Subleases, H~M CITRUS sha~ assume responsib~ for the stand operation. e. Sub lessee, H~M CITRUS ~rther a~ees to ~sure the proper~ and the stand m the same fas~on as is requ~ed of Sub lan~ord HIGH.ND ~RVESI BARN by Master Lan~ord ~SI VALLEY WA/ER DISTRICT. f. Sub lan~ord MIGH~ND ~RVEST BA~N has exclusive rights to ~i~ and vegetables ~ Clark Counu, Never, H~H CITRUS ~ se~ oMy Ci~s, Avocados, Missmn Figs, Fu~ Persi~ons, Lemf Letmce~ and Wate~elons. Sub l~ssee H~H CI~US ~ have exclusive rights to se~ ~its and vegetables in C~o~ia Fa~ers Markets, ~th the excap~on of the Ontario M~s Market. Iha above sections may be amended with the mutual consent of HIGH.ND HARVESI BARN and H~H CITRUS. g. Sub l~n~ord HIGH.ND MARVESI BARN has the option ~o purchases f~its and vegetables from Sub lessee H~H CITRUS at wholesale prices, when ava~able, and at the sole discre~on of Sub lessee. Pursuant to Section 24 of the Lease entered into between EAST VALLEY WATER DISTRICT ("Master Landlord") and HIGHLAND HARVEST BARN, LLC ("Sublandlord"). on July 25, 2000 ("Master Lease"), Master Landlord hereby consents to the foregoing Sublease entered into b~two~n Suhlsnd~ord and H&H CITRUS. INC. ("Sub~enam"), su~ieot to tM following conditions: 1. All of th~ provisions chara~tcriz~ as "Recitals" in the Sublea~ sl~ll be construed as contractually-operative covenants to which Sublendlord and Subtenant shall be bound. 2. Master Landlord shall be entitled to enforce any provision of tM Sublease as a third party beneficiary. 3. Sublandlord shall continue to be obligated to fully comply with all of the provisions of tlne Master Lease. 4. Unless uarlicr tcn,aloated by Master Landlord, the term oftbe Sublease shall be the santo as set forth in the Master 5. Master Landlord shall not b~ obligated to provide Sublandlord or Subtenant with a six-month written courtesy notice of the expiration of the term of the Master Lease or the Subleas~ as othetwi.s~ required hy Section 2Co) of the Master Lease. Except for Section 3 of the Master Lease, Subtenant shall assume and perform all of the obligations required of Sublandlord under thc Master Lease and any amendments thereto. 7. On thc 15m day of each month during the term of the Sublease, Subtenant shall pay Master Landlord a sum of money equal to three percent (3%) of the total gross revenues gcnc'mted by Subtenant as result of the Sublease and Subtcnant's use of the subject property during the previous month, with an accounting which provides Master Llmdlord with proper financial justific, ation for the mariner in which ~!d sum was calculated by Subtenant and a report of all business tra-t~actiong conducted by Subtenant daring thc~ previou~ month. 8. Upon five (5) days wriRen notice, Master Landlord shall have tho right to inspect, review, and/or audit Subtcnant'$ records and accounting documents. If Master Landlord's review and/or audit re, coals underpayment by Sublenant of the amount to which Master Landlord should have been paid, the following shall apply: a. Subtenant shall pay to Master Landlord the amount of such underpayment, plus a penalty calculated at ten percent (10%) of the underpayment; b. Subtenant shall reimburse Master Landlord for all costs incurred by the Master Landlord in connection with its audit inspection; c. Master Landlord ~lal! be entitled to increas~ the amount of the percentage of the monthly gross revenues payable by Subtenant to Ma~ter Landlord during th~ tgrm tM Sublea~; and d. Master Landlord may exercise any of its tights and remedies under the law and Master Le~e, inchdin8 those set forth in Section 18 thereof. 9. Subtenam shall not perform any activity on or affecting the property which is the subject of the Master Lease that is in violation of, inconsistent with, or incompatible with, any provision of the Master Lease. 10. Nothing in the Sublaase or Master Landlord's consent thereto shall b~ treated or otherwise construed as a waiver of Master Landlord's ability to enforce any provision of the lvl~ter Lease as against Sublandlord or gubte~mnt. 11. Nothing in the Sableas~ or Master Landlord's consent the~x~to shall he treated or otherwis~ ¢omstngd as an cstopl~l to M~ter Landlord's ability to enforce any provision of the Master Lease as against Subl~dlord or Subtenant. 12. Master Landlord resea'ves the right to revoke its cons~t to the Sublease and demand inmmdiate relinquishment of possession of the ~bject property by Sablamllord and/or S ul~emmt at any time if the terms of the Master Lease and the Sublease have been, are heing, or will be, breached or not rally performed to the satisfi~otion of Master Landlord. Dated: EAST VALLEY WATER DISTRICT By: 01enn R. Lightfoot President. Board of Dirootors h. Sub lessee H~zH CITRUS agrees to pay $3,000.00 cash for the crops existing on the property and the materials already purchased in the stand. i. Sub lessee H~zH CITRUS a~ees to carry on business of HIGHLAND HARVEST BARN and will be allowed to use the fictitious business name of HIGHLAND HARVEST BARN and fur~er agrees to be responsible for all employees payroll taxes, worker's compensation insurance and other insurance and to maintain the business in the same form and fashion as HIGHLAND HARVEST BARN. This sublease shall be for the same term and the same conditions excepting these above-mentioned that HIGHLAND HARVEST BARN is required to follow on its master lease with EAST VALLEY WATER DISTRICT. k. Master landlord consents to the sublease on the same terms and conditions set forth in this sublease. m. Incorporation by Reference. Assumption. Ag other paragraphs of the master lease are incorpbrated by reference into, and made a part of, this sublease. n. Tenant's Performance under Master Lease. At any time and on prior notice to subtenant, sub landlord can elect to require subtenant to perform its obligations under the sublease dizectly to master landlord and subtenant shall do so on sub landlord's election in which event subtenant shall send to sub landlord from time to 15me copies of all notices and other communications it shall send to and receive from master lancllord. o. Covenant of Quiet Enioyment. Sub landlord represents that the master lease is in ~ull force and effect and that there are no defaults on sub landlord's part under it as of the commencement of the term of this sublease, Subject to this sublease terminating as provided above, sub landlord represents that ff subtenant performs all of the provisions in this sublease to be performed by subtenant, subtenant shall have and enjoy throughout the term of this sublease the quiet and undisturbed possession of the premises. p. Master Lease. Ihis sublease is subject to all the provisions of the master lease. And subtenant shall not permit any act or omission to act that will violate any provisions of the master lease. If the master lease terminates, this sublease shall terminate and the parties shall be relieved [rom all liabilities and obligations under this sublease; except that ff this sublease terminates as a result of a defanlt of one of the parties under this sublease or the master lease, or both, the defaul(mg party shall be liable to the no dehulting party for all damage suffered by the no defaulting parry as a result of the termination period. If sub landlord is ~ven the right under the master lease to terminate the master lease (e.g., in case of destruction) subtenant shall have the right, in its sole discretion, to determine ~vhether it wishes to have the master lease terminated. If subtenant elects to have the master lease terminated, subtenant shall terminate this sublease and sub landlord shall terminate the / / Consent,of Master landlord. Master landlord consents to the foregoing sublease without waiver of restriction concerning further subletting. EAST VAI I.EY WATER DISTRICT LEASE THIS AGREEMENT iS made this ~day of ~ , 2000, by and between EAST VALLEY WATER DISTRICT, a ~ublic agency (hereinafter "the District"), and HIGHLAND HARVEST BARN, 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. CO~-ENANTS 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 guarantee the actual amount of acreage stated in this Lease. Section 2. TERM (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) Holdin~ Over. Any holding over after the expiration or termination of the Firm Term, with-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 Terra, which payment shall be deemed delinquent if unpaid on the fifteenth day of the month. Section 4. USE OF PREMISES 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 IYNLAWFUL UEE The Company shall not commit, or allow to be cormnitted, 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) Constr~ction. 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 Property 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-r~gistered 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 4 standards, and liability for damages caused by nagligent 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) ~. 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 ur ~ 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 against 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. OTHER PROPERTY INTERESTS The ComDany'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 shall not permit any practice of discrimination a~ainst, or segregation of, any person or group of persons on account of sex, race, color, creed, r~arital 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 this 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 rights claim that may be asserted by the Company. Section 14. LIABILITY F.OR 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. ~ 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, ~uests, 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 tkereto, 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. INSURkNCE (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 Term. 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 a~ainst loss or damage by fire, lightning, extended coverage, vandalism, malicious mischief, and earthquake. This insurance shall haYe an endorsement namin~ 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 damage. 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. Durin~ the period of any construction activities on the Property, the Company shall procure and maintain, or cause its contractor or subcontractors to furnish, the followin~ policies of insurance in 11 addition to the requirements 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 performin~ 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 policyho!der's rating in accordance with the current Bes~fs Key Ratine Guide or equivalent. 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 polieies 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 notice 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 13 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) ~. 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. 14 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) Reentry. Enter upon the Property, by force if necessary, without bein~ 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. 15 (b) E c_E_~. 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 followin9 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. CQNDEM~ATION QF PRQPERTY 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 durin~ the term of this Lease, the following shall apply: (a) Termination of Lease. The District may ternlinate this Lease by ~iving 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 !7 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. A 0 EY ' FEES 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 thereto~ 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: /// /// !8 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 StephenH. 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 A/~DAS$IGNS 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, s~blease, or license to occupy shall be void, and shall terminate this Lease at the District's option, The Company's interest in this Lease is not assi~able 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. INTEGRATIONAND AMENDMENT This Agreement constitutes the entire understanding of the parties kereto 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 A~reement are for reference only and are not to be construed i~ any way as a part of this Agreement. Section 28. INTERPRETATION AND ENFORCEMENT This Agreement shall not be construed against the party preparing it, but shall be construed as if both parties jointly prepared this A~reement and any uncertainty or ambiguity contained herein shall not be interpreted a~ainst any one party. This Agreement shall be enforced and governed by and under the laws of the State of California, and venue for any action brought to interpret and/or enforce any provision of this Agreement shall be in a state or federal court located in the State of California 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] 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 BY: Presi~d~en~t, B/~oa r~"d~f Direct or s ATTEST: Secretary HIGHLAND HARVEST BARN, LLC tephe~ a. Tyler, Me~6e~ Donna J. Tyler, M~r By: Davi~d j .~/dy~e r I~na J. ATTEST: Notary Public ~ ,~ Order No. 531115 - C EXHIBIT "ONE" All certain real property in the City of Highland, Count,/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 3 West, 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 89o42'32" 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°01'18" 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-O352541in 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 88o53'58" 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 1/4 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 NOTICE OF EXI~IPTION ~, TO: [ ] O~cc of Planning and Rcscawh FROM: East Valley Warm' District 1400Tenth S~t, R~m 121 Sncm~, CA 95814 1~ ~5 ~1 Rosa Avenue. P,O. Box 34~7 [x] County Cl~rk Cou~ of San 385 N. Sa~mard~ao. CA 9~15~3Q Project Tifie: Condemnation of Well Site , Project Location- Specific: As~essom PalC~l No. 1210-261-41 / Tract 13936 - 'Well' Lot A Project Location - City: San Bernardlno project Location - County: Sa~ Bemarclino Description of Project: Condemnation of the fee ~in~lc interesi in cctlain real orone~ upon which East ValleY Water District owns a water distribution systen!, sanitary sewcm, and aonurtenant structures vursuant to deeds of dedicatlon duly ~raoted and accented by the District's Board of Di~ctors h 1991. Name of Public Agency Approving project: ...East Valley Water District Name of parson or Agency Carrying Out Pro.~e. ct: Rol~ert t~. MartiN, General Manaqer ~em~t Status: [ ] IVdnls~dal [CEQA ~ec. 210g0(bXl); Guidc~s S~. 152~] [ ] ~la~ E~rgemy [CEQA ~. 21~0~X3); Buide~s ~. 15~9(a)1 [ ] ~gewy ~ [CEQA ~. 21080~K4); Guide~s S~. 15269~)(c)] ~ Ca~god~ ~e~fiom. S~ ~ and ~fion ~cr: CEQA Guidelines S~fions 15301-1530~ 15311, I~327 Reasons why project is exempt:. Tltis n rolnct contcmelates the condenmation of a well site un on which thc District has ooerated and main~air~d water and sewer facilities for over ten years. Such eminent domain action would result in the District obtuinlnn dear record title to the sublect eroverO,, avon which the only inmwverncmts affixed tbereto belon~ to th~ District. Thc orcn~osed 0roie~t does not include tl~ construction or in,gallatlon of any new facilities on the la.Rd, nor the exnansion of any existinlz uses thereon. Consenuentlv. aenroval of the nrolect will not result in any aienifieant adverse imoact on the envisonmeot. , Lead Agency Contact l~rson: Robert E. Martin A~a Code/Telephon~/E.xtension: (909) 889-9501 Signature: Date: November 13, 21301 Title: General Manager / Secretary IX] Signed by Lead Agency Dat~ received for fflMg at OPR: [ ] Signed by Applicant z '~ ~ ~ (DO zz ;I° ° 0 Z 0 o ZrnZ O0 mo %AST VALLEY WATER DISTRICT DIRI~f'FOR'S FEES AND EXPENSE REP'~RT DIRECTOR: &/~117"£~,2'~- MONTH OF: B~d Meetings: ,~/z~ . Conferences and Other Meetings Date: /¢//~ Organization~-~,,l~ / ~,~,~ /~' Description ~ ('¢~sE Date: /¢/lZ Organization g.U.~,~) Description ~E ~6 Date: ~/,~- Organization (',C/ ~F ///~/~'b Description Date: /g/(¢ Organization ~ ¢ ~, ¢ Description ~¢ ~¢. Date: /¢./¢? Organization Z"~'¢~ 0 Description ~/s ~,'c ~¢~,~ 2%'~ Description Date: ,~/,~ Organization ~,¢~ ~ Date: /¢/zi~ Organization ~z,~,~, /~//~/ Description ~,~/~¢~ Date: /~'/¢/ Organizationally' ~,~ C~Ff~ Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description TOTAL ~ OF MEETINGS ~ ~125.00 each ..... Personal Auto: Miles x .325 per mile Parking Fees Total Lodginqs, Meals & Other: (Details on Back) Total Director's Expenses '~ ,~',~¢ (~/4~¢'~ Total Director's Meetings & Expenses $ Signed ,;~ Less any Advance Payments Date of Board Approval TOTAL DUE DIRECTOR EAST VALLEY WATER DISTRICT DIRECTOR'S FEE AND EXPENSES REPORT DIRECTOR:' DON GOODIN MONTH October, 2001 Meetin.qs Claimed: Board Meetings ('Dates) 9, 23 Conferences and Other Meetinqs Date: 2 Organization: PA 690 Location: Cai State,SB Date: 4 Organization: WRI Beakfast Mt~ Location: Hilton Hotel Date: 15 Organization: Special Districts Location: Calimesa Date: 16 Organization: Mtg, Glenn, Bob, Mr Ed[e Location: District Date: 17 Organization: EVWD Tour Location: District Date: 18,19 Organization: WRI Conference Location: Cai State,SB Date: 31 Organization: Senior Center Location: Senior Center Date: Organization: Location: TOTAL MEETINGS 10 X $125.00= $ 1,250.00 Personal Auto Date: Function: Date:' Function: Total $ - Lod.qin.q' Date: Function: Date: Function: Total $ - Meals (Receipts) Date: 15 Function: Special Districts $ 23.50 Date: Function: Total $ 23.50 Other Date: 17 Function: Cai State Tuition Fees $ 505.00 Date: 17 Function: Cai State PA 690 Text $ 49.98 Total $ 554.98 Total Directors Expenses $ 578.48 Total Directors Fees (Meetings) $ 1,~50.00 Less Advance Payments Signed Approved Date of. Board Meeting November 13~ 2001 ',,,, EAST VALLEY WATER DISTRIC%"" DIRECTOR'S FEES AND EXPENSE REPORT R iCTOR: Sturgeon MONTH OF: October 2001 ~reE in.qs Claimed Boa Meeting (Dates): 10/09 Cor ~nces and Other Meetinqs Date: 10/03 Organization ~.Ac Location WSBCWD Date: 10/04 Organization WRT Location San Bernardino Hilton Date: 10/10 Organization ACWA Location Conference Call Date: Organization Location Date: .Organization Location Date: Organization Location ~ TOTAL # OF MEETINGS 3 @125.00 each ST- 375.00 Per onal Auto: Date: Function Attended Miles x per mile $ Date:. Function Attended Miles x per mile $. TOTAL $ ...... ~'~od incls: (Receipts attached) ' Date: Function Attended $ Date: Function Attended $ TOTAL Mca s: (Receipts attached) Date: Function Attended. $. Date:. Function Attended $ TOTAL h}r: Date: Function Attended $ Date:, Function Attended $ Date: Function Attended $ TOTAL SUMMARY,: Total Director's Fees (Meetings)$. 375.00 Total Director's Expenses $ ~ Less any Advance Payments -- $ ' ~rf....--(_ L_ ,/(~.._'""h TOTAL DUE DIRECTOR $ 375200 Sigrted App~'oved Date of Board Meeting .~ EAST VALLEY WATER DISTtL~,~f DIRECTOR'S FEES AND BXPL~NSE REPORT Dn~cToR: S~ W~SON MONTH OF: Bo~ M~ting ~at~) /~.~ j TOT~ ~E~GS /~ ~ ~00 each P~on~ Auto Date: ~cfion A~end~ Date: F~c~on Att~d~ F~cfion Attend~ M~s: ~ipts a~ached) Date: F~cfion Afl~ded Date: F~cfi~ A~ended Date: fo-; ~ Function ARended · ~. ~g~ P~ $ .... ToM ' Total D~ctor's Bxp~sos $ Tot~ ~tor's Fees ~e~n~) $ · ' Le~ ~y Advice Pa~ts $ '"'""" EAST VALLEY WATER DISTRICT ~ i155 DEL ROSA AVENUE SAN BERNARDINO, CA 92410 RECEIVED (909)889-9501 FAX:(909)889-5732 EAST ~,~,,rv ...... ¥/ATER DIST. V CLAIMS FOR DAMAGES 2001 OCT 18 2:28 TO PERSON OR PROPERTY INSTRUCTIONS: Subject to certain statutory exceptions, an action for money or damages may not be maintained against the District unless written claim has been timely presented to the District and rejected in whole or in part. 2A claim shall be presented by the claimant or by a person actin9 on the claimant's behalf. 3Answer all questions. Omitting information could make your claim tegaily insufficient. 4Name and address of the person to whom you desire notices or communications to be sent regarding this claim. 5 This claim form must be signed on page 2 at bottom. attach separate sheets, if necessary, to give full details. SIGN EACH SHEET 7Claim must be filed with Board Secretary. TO:EAST VALLEY WATER DISTRICT ..',tame of Claimant Home Add.tess of Claimant City and State Home Telephone Number Business Address of Claimant City and State Business Telephone N~mber Give address to which you desire notices or communicat.!ons to be sent rega,r.?ing thi's claim: How did DAMAGE or lNJURY~occur? Give full particulars., : ~-"i ~'.,':i/ . ~ti ~ ~'~Vhen d~d DAMAGE or INJURY, occur? Give full particulars, date. time of day \ ~ 'f ', , ~ , ; . - - ' t '', ¢ -.','.~ Where did DAMAGE or INJURY occur? Describe fully, and locate on d~agram on reverse side of this sheet where appropriate, give street names and address and measurements from landmarks ¢ What particular ACT or OMISSION do you claim caused the injury or damage? Give names of District employees causing the ~njury or damage, ifknown: /' (~: ~,? ~ . , i , ~ ~ ; ~. What DAMAGE or INJURIES do you ctaim resulted? Give full extent of injuries or damages claimed. · ., ~ ~,~ i ' (U,,'~ What AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of computation: ~l~ve ESTIMATED AMOUNT as far as known you claim on account of each item of prospecbve injury or damage, giwng basis * of Insurance payments received if any and names of Insurance Company: SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE ~ EAST VALLEY WATER DISTRICT 1t55 DEL ROSA AVENUE SAN BERNARDINO, CA 92410 RECEIVED (909)889-9501 FAX:(909)889-5732 EAST Y,-~,LLEY WATER DIST. CLAIMS FOR DAMAGES 2001 OCT TO PERSON OR PROPER~ INSTRUCTIONS: 1. Subject to ceAain statuto~ exceptions, an action for money or damages may not be maintained against the District unless wriffen claim has been timely presented to the District and rejected in whole or in paA. 2.A claim shall be presented by the claimant or by a person acting on the claimant's behalf. 3.Answer all questions. Omitting Information could make your claim legally insufficient. 4.Name and address of the person to whom you desire notices or communications to be sent regarding this claim. 5.This claim form must be signed on page 2 at bottom. 6. aEach separate sheets, if necessa~, to give full details. SIGN EACH SHEET 7 Claim must be filed with Board Secreta~. TO:EAST VALLEY WATER DISTRICT Name of Claimant Home Address of Claimant Ci~ and Stat~ Home Telepi~one Number Business Address of Claimant City and State Business ~elephqne Number Give address to which you desir~notices or communications to Be sent regarding this claim: How d d DAMAGE or INJURYDccur? Give full pa~iculars. '_ -.. , ·, ,,, ' -" : , : 1: : ~en did DAMAGE or INJURY occur. Give full pa~iculars, date, time of day: ~ ~ere did DAMAGE or INJURY occu¢ Describe fully, and locate on diagram on revers~ side of this sheet, where appropriate, give street names and address and measurements from landmarks: ~;:,~-~ -',; :~ , ,, , , · VVi~at particular ACT or OMISS, ION do you claim caused the injury or damage? Give names of District employees causing the- injury°rdamage'ifkn°wn:'ti'i C,'" "('"': ;" "; :" ' ~;i What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed: What AMOUNT do you claim on account of each item of injuW or damag'~ as of date of presentation of this claim, giving basis of computation: ~"'~'ve ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injur7 or damage, giving basi~' of Insurance payments received, if any, and names of Insurance Company: PAGE 2 (OVEPd THIS CLAIM MUST BE SIGNED O~ REVERSE SIDE -- Expenditures made on account of accident or injury: (Date - Item) (Amount) Name and Address of Witness, Doctors and Hospitals: READ CAR,EFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West: indicate place of accident by "X" and by showing house numbers of distance to street corners. If District Vehicle was involved, designate by letter" A" location of District vehicle when you first saw it, and by" B" location of yourself or your vehicle when you first saw District vehicle: location of District vehicle at time of accident by "A~I" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X". NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. CURBJ ~ CURB SIDEWALK _ FOR AUTOMOBILE ACCtDENT$ '~ignature of Claimant or parson f~ling on his Typed Name OaCe i~l~ehalf gi_~ving~relatior~bip to Cla, imant: /" NOTE: All claimanls may be require~ be examined as [o their claim under ogth. Presentation of a false Claim i~ a~ony (Calif. Penal Coda Bec. 72) C~IMS MUST BE FILED :~ARD SECRETARY. RESOLUTION 2001.26 A Resolution Of The Board Of Directors Of The East Valley Water District Accepting Conveyance Of Pipeline Easement from Henry J. Meyer 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 Reaf 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 October 20, 2001, and signed by Henry J. Meyer 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 November 13, 2001. Ayes: Directors: Noes: Absent: EAST VALLEY WATER DISTRICT Glenn R. Lightfoot, President ATTEST: Robert E. Martin, Board Secretary Job No. 82164 jw 11/2/01 RECORD REQUEST OF AND MAIL TO: East Valley Water District P.O, Box 3427 San Bemardino, CA 92413 CONVEYANCE OF PIPELINE EASEMENT H r J Me er as Grantor s fe.,~,-,~,,.~.~.. ~.~m~,H~r~f,mn r~r.~,nf ~f ~A,N t"h ~ h~r~ .._. en y . y , (), . ..- ........... : ..... i .... .---ir ....... L..' ....by ~, does hereby grant, ha' rgain, sell and convey to the East Valley Water ~/District, a C~0unty Water District, its successors and assigns, as Grantee, and 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 Bernardino, State of California, described as follows: See Exhibit "A" and "B" attached hereto and made a part hereof Grantor(s) further agree to notify EAST VALLEY WATER DISTRICT of any future use across said easement and to coordinate with EAST VALLEY WATER DISTRICT the installation of any future facilities within said easement. IN W~J~T.~IES~S ~/HER~EOF, the Grantor(s) has executed this instrument the ~ I S~' day of ~'~.'~ , 20~_~__. Henry J. Meyer STATE OF CALIFORNIA ) COUNTY OF/--''~' /-z~E.~'-~') ) On _,~c~/(~;;~,--- ~ ,2001, before m~the undemigned, a Nota~ Public m and for said County and State, personally appeared ~,~, .~~ personally known to me (or proved to me on the basis of satisfacto~ evidence) t~be the persOn(s) whose name(s) is/are subscribed to the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(e), entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m~and and official ~e~, ~~~ ~ EXHIBIT"A" Sewer Easement A strip of land 20.00 feet in width located within Parcel 1, as shown on that certain Certificate of Compliance No. 99-011, in the City of Highland, County of San Bernardino, State of California recorded September 23,1999, as Instrument No. 19990399965, Official Records of said County, said strip of land lying 10.00 feet on each side of the following described centerline: Commencing at the Northwest corner of the East half of Government Lot 2 of the Northeast quarter of Section 4, Township 1 South, Range 3 West, San Bernardino Meridian; thence N 89°39'59'' East along the North line of said East half, 204.90 feet; thence leaving said North line, South 00°20'01" East 52.00 feet to the Northerly line of said Parcel 1 and the Point of Beginning of said centerline; thence continuing South 00°20'01" East 247.55 feet to the Southerly line of said Parcel 1 and the terminus of said centerline. EXHIBIT 'B' N.W. COR. El/2 GOV'T LOT 2 N.E 1/4-, SEC. 4, TlS, R3W, S.B.M. . ~'cc ,/~P.O.B. LECAL ~ ~ DESCRIPTION / t x'--NORTHERLY LINE OF PARCEL t 'q PARCEL ~.---~_ 20.00 FT. W~DE SEWER EASEMENT ? C. OF C. NO. :' 20.00' 10.00' 10.00' ~SOUTHERLYLINE OF PARCEL 1 No. 32~0 ~- ~)-O SCALE 1"=60' f Base Line i h s,. VICINITY MAP ,,,,:: SUPPLEMENT TO PRE-ANNEXA.TION AGREEMENT THIS AGREEMENT is made this day of ., 2001, by and between EAST VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT"), mad S-P EAST HIGHLANDS, LLC, a limited liability company qualified to do business in the State of California (hereinafter "the DEVELOPER"). RECITALS A. The DISTRICT is a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. B. The DEVELOPER is the holder of record title to certain real property within the jurisdictional boundaries of the DISTRICT which is generally located on the east side of Church Street, and between Greenspot Road on the south and the National Forest boundary on the north, in the City of Highland, County of San Bemardino, State of California, and is more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter "the PROPERTY"). C. DEVELOPER proposes to subdivide the PROPERTY for development. The development of the PROPERTY will consist of approximately 850 residential dwelling units, as described in the Preliminary Development Plan for East Highlands Ranch, as amended in 2000, and further described in the East Highlands Ranch Development Agreement dated March 14, 2000, recorded on April 27, 2000, in the Official Records of San Bemardino County as Instrument No. 20000145605 ("Development Agreement"), which development is hereinafter referred to as "the PLANNED UNIT DEVELOPMENT". D. On October 11, 1983, DEVELOPER's predecessor in interest, East Highlands Ranch Inc., entered into a Pre-Annexation Agreement with the DISTRICT (hereinafter "the 1983 AGREEMENT") which set forth the terms under which the PROPERTY and certain other real property was annexed to the DISTRICT and the conditions under which the DISTRICT agreed to provide water and sewer service to the PROPERTY and the PLANNED UNIT DEVELOPMENT. E. The purpose of this AGREEMENT is to supplement the 1983 AGREEMENT to provide the terms and conditions under which the parties hereto will cooperate in the design and construction of a water storage tank, a pump station at the site of the DISTRICT's Plant 140, a hydro pneumatic pumping station and certain transmission pipelines and other additional facilities necessary for the DISTRICT to supply water and sewer service to [esidential, commercial, and industrial properties within its jurisdictional boundaries, including the PROPERTY and the PLANNED UNIT DEVELOPMENT (hereinafter "the PROJECT"), which PROJECT is more particularly described in Section 1.1 below. All determinations and approvals required for the PROJECT under the California Environmental Quality Act were issued by . DISTRICT as lead agency on July 10, 2001. 094/018310-0003 207194.04 al0f31/01 COVENANTS NOW, THEREFORE, in consideration of the preceding Recitals and the mutual Covenants contained herein, the parties hereto agree as follows: Section 1. PROJECT DEVELOPMENT. Section 1.1 Description of PROJECT. The PROJECT shall consist of the water storage and supply facilities described in the Introduction to the Initial Study for the East Highlands Ranch Water Facilities Improvements at Planning Areas 27 and 28 prepared by the DISTRICT with assistance by Tod Dodson & Associates and referenced in the Mitigated Negative Declaration adopted by the DISTRICT's Board of Directors dated July 10, 2001, ("Mitigated Negative Declaration") which includes the following: (i) a water reservoir containing approximately 750,000 gallons and the grading, site work, access road and landscaping appurtenant thereto ("Reservoir"); and (ii) a permanent booster station (the "Booster Station"); (iii) a hydro pneumatic pump station ("Pump"); (iv) a permanent water line replacing the temporary water line now connecting DISTRICT's Plant No. 140 to DISTRICT's Plant No. 108 ("Replacement Water Line"); and (v) a new 12" water line connecting Plant 140 and the Reservoir (but expanded at DISTRICT's request to a 16" water line between the Reservoir and the end of the Vanleuven Lane cul~de-sac ("New Water Line"). The Reservoir shall be located within a portion of the Property legally described and/or depicted on Exhibit "B' attached hereto (the "Reservoir Site"). The Booster Station shall be located at DISTRICT's Plant No. 140, as depicted on Exhibit "C" attached hereto. The Pump shall be located within those portions of the Property legally described and/or depicted on Exhibit "D" attached hereto. The exact boundaries and legal descriptions for the sites for the Reservoir, the Pump, the Replacement Water Line and the New Water Line to be conveyed to the DISTRICT in fee or by easement upon completion of the PROJECT shall be prepared by DEVELOPER and approved by DISTRICT prior to completion of construction of the PROJECT. In the event of any discrepancy between the description of the PROJECT contained in the Mitigated Negative Declaration and th~s Agreement, the Mitigated Negative Declaration shall control. Section 1.2 Required Approvals and Methods of Approvals. The following matters shall require the written approval of DISTRICT and DEVELOPER: (a) the final plan for the PROJECT; (b) the number and identity of the licensed contractors from whom bids will be solicited; (c) the contract form, specifications and other requirements to be included in the requests for proposals; (d) the acceptable bids and contracts to be awarded for any portion of the Work; (e) all material revisions to the Plans listed in Exhibit "E" attached hereto and described in Section 1.4 below; (f) all change orders which increase the contract price of any contract where the costs will be shared by DEVELOPER and DISTRICT, by more than $5,000.00; and (g) periodic disbursements to the contractor for any work performed on the Facilities. Each party shall designate a person or persons authorized to grant all such approvals on its behalf. DEVELOPER hereby designates either William J. Griffith or Camille Bahri, either acting alone; as its authorized representative for purposes of such approvals. DISTRICT hereby designates Robert Martin as its authorized representative for purposes of granting such approvals. Notwithstanding the foregoing, in no event shall DEVELOPER disapprove that portion of any contract or the method of selecting a contractor that has been requested by DISTRICT, if such contract provision or selection process is required to comply with laws applicable to public contracts md/or public bidding. Each party shall cause its representative to deliver a written response to each request for approval no later than five (5) business days after receipt of the request. Any disapproval shall be accompanied by an explanation of those changes required to obtain the approval of the disapproving party. Any party failing to respond in writing within five (5) business days after written request shall be deemed to have approved the item described in the written request for approval. Section 1.3 Design and Construction, The PRO~ECT shall be designed, constructed, and equipped by the DEVELOPER and then conveyed to the DISTRICT such that the DISTKICT shall possess all incidents of property ownership in the PROJECT and the facilities appurtenant thereto. Prior to the performance of said work, the DISTRICT shall review and approve, if deemed acceptable to the DISTRICT in the exercise of its sole discretion, all drawings, specifications, contract documents, construction schedules, and other documents necessary therefor. Upon execution of this Agreement, the DISTRICT has approved those plans, drawings, specifications, budgets and schedules described on Exhibit "E" attached hereto. DISTRICT acknowledges the desire of DEVELOPER to complete its construction of the PROJECT by January, 2002. DISTRICT agrees to reasonably cooperate with DEVELOPER by expediting those approvals and inspections required of DISTRICT. under this Agreement. Section 1.4 Costs For Oversizing. The DISTRICT shall be responsible for the payment of all costs of oversizing the PROJECT facilities as deemed necessary by the DISTRICT to provide water and sewer service to properties other than the PROPERTY or the PLANNED UNIT DEVELOPMENT in accordance with the schedule attached hereto as Exhibit "F" and incorporated herein by this reference. Section 1.5 Reimbursement of Costs Incurred by a Party. Upon the receipt by either DEVELOPER or DISTRICT (a "Party") of an invoice or bill f~om a design firm or contractor with respect to the PROJECT, such Party shall deliver to the other Party an invoice (the "Invoice") requesting that the other Party reimburse the requesting Party the percentage share of such amounts owed by the other Party. The date upon which a Party delivers an Invoice to the other Party shall hereafter be referred to as the "Delivery Date". If the other Party does not deliver to such Party on or before ten (10) days after the Delivery Date a written statement disputing the amount of such Invoice, the other Party shall pay within .thirty (30) days after the Delivery Date the amount owed by the other Party as set forth in such invoice. If the Party does dispute the amount of such Invoice on a timelybasis, the Parties shall use their best efforts to resolve such dispute within forty (40) days after the Delivery Date. If such dispute cannot be resolved within such period, either Party may choose to resolve such dispute in the manner set forth in Section '4 below. After the resolution or settlement of such dispute, the other Party shall have twenty (20) days to pay the Party the amount according to such resolution or settlement. Section 1.6 Inspection Service. DISTRICT shall conduct and be responsible for inspection of the work required under this Agreement. The reasonable out-of-pocket costs incurred by DISTRICT with respect to such inspection of the work shall be reimbursed by DEVELOPER to DISTRICT according to the percentages set forth in Exhibit "F". Section 1.7 Operation and Maintenance. Upon completion of the PROJECT in substantial conformance with the plans approved by the DISTRICT, the DISTRICT shall accept title to the PROJECT and the PROJECT shall be operated, maintained, repaired, and replaced by the DISTRICT as part of the DISTRICT's water and sewer system. Section 2. DEVELOPER'S PROJECT COSTS. Section 2.1 Liability. Except as set forth in Section 1.5 of this AGREEMENT, DEVELOPER shall be solely responsible for the payment of all costs, fees, expenses, fines, penalties, and liens associated with the construction, inspection, start-up, and initial operation, maintenance, repair, and replacement of the PROJECT and any and all other facilities necessary therefor, including all costs, fees, and expenses incurred for the environmental analysis, engineering, and design thereof. The actual costs incurred by the DISTRICT in performing plan checks, inspections, environmental review, and other work related to the PROJECT shall be reimbursed in the manner described in Section 1.6 above. The total funding of the PROJECT and all other costs, fees, and expenses contemplated herein (collectively, "Project Costs") shall be paid by DEVELOPER and DISTRICT in accordance with the percentages described in Exhibit "F" attached hereto. Section2.2 Prevailing Wages. In accordance with the provisions of the California Labor Code, the DEVELOPER shall secure the payment of compensation to employees. As required by the California Labor Code, the DEVELOPER shall pay not less than the prevailing rate of per diem wages as determined by the Director, Department of Industrial Relations, State of California. Copies of such prevailing rate of per diem wages shall be on file at the DISTRICT's office, which copies will be made available to any interested party upon request. The DEVELOPER shall post a copy of such determination at each job site. The DEVELOPER shall forfeit to the DISTRICT the amount of the penalty set forth in Labor Code Section 1777.7Co), or any subsequent amendments thereto, for each calendar day, or portion thereof, for each worker paid less than the specified prevailing rates for such work or craft in which such worker is employed, whether paid by DEVELOPER or by any subcontractor or consultant. Section 2.3 Hours and Working Conditions. The DISTRICT is a public entity and is subject to the provisions of the Government Code and Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this AGREEMENT to the same extent as though set forth herein and will be complied with by the DEVELOPER. The DEVELOPER shall comply with all applicable provisions of the Califomia Labor Code relating to working hours and the employment of apprentices on public works projects. The DEVELOPER shall, as a penalty to the DISTRICT, forfeit $25.00 for each worker employed in the execution of this AGREEMENT by the DEVELOPER or by any subcontractor or consultant, for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such worker received compensation for all hours worked in excess of 8 hours at not less than 1-1/2 times the basic rate of pay. Section 3. DEVELOPER'S ADDITIONAL FINANCIAL RESPONSIBILITIES. In addition to all other obligations imposed upon DEVELOPER under this AGREEMENT and the 1983 AGREEMENT, DEVELOPER hereby consents and waives any objections to the exercise of any and all collection remedies that are available to the'DISTRICT under the law, upon the PROPERTY and/or the person and/or property of DEVELOPER. Section 4. HOLD HARMLESS. Section 4.1 Indemnification by DEVELOPER. Excepting the sole or active negligence or willful misconduct of the DISTRICT, DEVELOPER shall indemnify and hold the DISTRICT and its officers, directors, agents, and employees harmless fi:om 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 DEVELOPER and/or its officers, directors, shareholders, partners, assignees, guests, invitees, trespassers, agents, contractors, consultants, and employees in connection with the PROPERTY, the PLANNED DEVELOPMENT, the PROJECT, and the performance of their obligations under this AGREEMENT, even if occurring after the completion of the PROJECT, and defend the DISTRICT and its officers, directors, agents, and employees from any suits or actions at law or in equity for damages, and pay all court costs and counsel fees in connection therewith. In addition, DEVELOPER agrees to defend, indemnify, and hold the DISTRICT harmless from and against all claims, losses, liabilities, damages, demands, actions, judgments, causes of action, assessments, penalties, costs, expenses (including, without limitation, the reasonable fees and disbursements of legal counsel, expert witnesses and accountants), and all foreseeable and unforeseeable consequential damages which might arise or be asserted against the DISTRICT and/or DEVELOPER with regard to the PROPERTY, the PLANNED UNIT DEVELOPMENT, and/or the PROJECT which are alleged and/or determined to be tortious, and/or in violation of present and future federal, state and local laws (whether under common law, statute, rule, regulation, or otherwise), including, but not limited to, the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and the Guidelines adopted thereunder, California Code of Regulations Section 15000 et seq., all as the same may be amended fi.om time to time. Section 4.2 Indemnification of DEVELOPER. Subject to Section 5.1 of thii AGREEMENT, and excepting the sole or active negligence or willful misconduct of DEVELOPER, the DISTRICT agrees to indemnify and hold DEVELOPER and its officers, directors, agents, and employees, harmless fi:om and against all claims and liabilities of any kind arising out of, in connection with, or resulting fi.om, any and all acts or omissions on the part of the DISTRICT and/or its officers, directors, employees, and agems in connection with the performance of their obligations under this AGREEMENT, and defend DEVELOPER and its officers, directors, agents, and employees fi:om any suits or actions at law or in equity and to pay all court costs and counsel fees incurred in connection therewith. Section 5. NOTICES. Any notice, tender, or delivery to be given hereunder by either party to the other shall be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed communicated as of mailing or in the case of personal delivery, as of actual receipt. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this section. If to the DISTRICT: East Valley Water DISTRICT P.O. Box 3427 1155 Del Rosa Avenue San Bernardino, CA 92413 Attn: Robert Martin, General Manager If to DEVELOPER: S-P East Highlands, LLC 15751 Rockfield Boulevard, Suite 100 Irvine, CA 92618 Arm: Camille Bahri Section 6. DISPUTES. Any dispute or controversy arising out of, under, or in connection with, or in relation to this AGREEMENT and/or the 1983 AGREEMENT, and any amendments thereto, or the breach thereof, which is not resolved informally by prior mutual agreement of the parties hereto, shall be submitted to binding arbitration in accordance with the California Arbitration Act, Sections 1280 through 1294.2 of the Code of Civil Procedure. The cost of such arbitration shall be paid by the parties equally, however, the prevailing party shall be entitled to reimbursement of its attomeys fees and other costs incurred in connection therewith. Section 7. ATTORNEYS FEES. If a dispute arises which cannot be resolved by arbitration, regarding the breach or enforcement of the provisions of this AGREEMENT, the prevailing party therein shall be entitled to recover all attorneys fees and other costs actually incurred in connection with roaching a resolution of the dispute whether or not an action, claim, or lawsuit is filed. In any action brought, the entitlement to recover attorneys fees and costs will be considered an element of costs and not of damages. Section 8. INUREMENT. This AGREEMENT and all provisions hereof shall be jointly and severally binding upon, and inure to the benefit of, the parties hereto, their respective heirs, successors, legal representatives, and assigns, and each of the shareholders and partners of DEVELOPER in their individual, separate, and/or other capacities. Section9. ASSIGNIvlENT. This AGREEMENT may not be assigned to any individual or entity without the written consent of the parties hereto. Section 10. INTEGRATION AND AMENDMENT. Except as otherwise provided in this AGREEMENT, all other provisions of the 1983 AGREEMENT shall remain in full force and effect. 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. Neither this AGREEMENT nor the 1983 AGREEMENT may be amended unless in writing and signed by the parties hereto.. Section 11. CAPTIONS. The captions of sections and subsections of this AGP,.EEMENT are for reference only and are not to be construed in any way as a pan of this AGREEMENT. Section 12. INTERPRETATION AND ENFORCEMENT. Neither tiffs AGREE- MENT nor the 1983 AGREEMENT shall be construed against the party preparing it, but shall be construed as if both parties jointly prepared said document and any uncertainty or ambiguity contained therein shall not be interpreted against any one party. Failure by either party to enforce any provision of this AGREEMENT or the 1983 AGREEMENT, or any waiver thereof by such party, shall not constitute a waiver of said party's fight to enforce subsequent violations of the same or any other terms or conditions therein. Both this AGREEMENT and the 1983 AGREEMENT shall be enfomed and governed by and under the laws of the State of California that would generally have in rem jurisdiction over the PROPERTY. Section 13. SEVERABILITY. If any portion of this AGREEMENT or the 1983 AGREEMENT is declared by a court of competent jurisdiction to 'be illegal, invalid or unenforceable, the remaining provisions thereof shall continue in full force and effect. Section 14. TIME OF THE ESSENCE. Time is of the essence in this AGREEMENT and the 1983 AGREEMENT, and the parties hereto agree to proceed in good faith, with due diligence, to complete all covenants and conditions set forth herein and to perform such further acts as is reasonably necessary to effectuate the purposes thereof. Section 15. AUTHORITY. Each individual executing this AGREEMENT on behalf of a party hereto represents and warrants that he or she is fully and duly authorized and empowered to execute on behalf of such party, and that the provisions hereof are binding in the manner set forth in Section 9 herein. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers as of the date first above written. DISTRICT: By: East Valley Water DISTRICT President, Board of Directors ATTEST: Secretary DEVELOPER: S-P EAST HIGHLANDS, LLC, a California limited liability company By: Underhill Properties, LLC a California limited liability company, Member By: Rivendell Land Company, Inc., a California corporation, Member ' ~ Williank J. Griffith, President By: Box Canyon, LLC, a California limited liability company By: Member By: Member 094/018310-0003 207194.04 al0/31/01 -8- STATE OF CALIFORNIA ) ) SS. cOUNTy OF ~f2~/~ ~-~ ) On ~'/77,~/" /~ ,, 2001, before me,' "~-/,(~/ /~'/~'~tfft~,z~ , Notary Public, personally appeared ....... ~)////~'/F~ ~7, ~ ............ · ----- personally known to me (or-~o~ed--~-m~--~q~=~s-~~n¢¢)-to be ~h¢ person~ whose name(-~-)~is/m~-subscribed ~o th~ w~n ins~n~ ~d ~owl=dg~d ~o m~ th~ h~ ~x~o~d ~h~ s~ ~n ~s~ ~u~o~z~d e~pa~i~y(~). ~d ~a~ by ~s~ s~a~e(~ on ~ ~s~n~ ~h~ p~on~ or ~ ~n~y upon b~hal~ o~w~h th~ p~rso~) ae~d, ~xeon~d ' th~ ~s~n~, ~m~ss my hand ~d of~a] Not~ Public J [SEAL] STATE OF CALIFORNIA ) ) SS, COUNTY OF ) On 2001, before me, , Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaeity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seat. Notary Public [SEAL] EXHIBIT "A" LEGAL DESCRIPTION OF DEVELOPER PROPERTY [See Attached] EXHIBIT "A" to SUPPLEMENT TO PRE-ANNEXATION o94/o~ 1o-ooo3 207194,04 ail/0!/0[ AGREEMENT EXHIBIT "A" LEGAL DESCRIPTION PLANNING AREA 25~27/28: THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 26 AND THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL GOVERNN~NT SURVEY, BEING MOPE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 35; THENCE, ALONG THE WESTERLY LINE OF SAID SECTION 26, NORTH 00° 09' 25" WEST, A DISTANCE OF 360.14 FEET; THENCE NORTH 78° 41' lY' EAST, A DISTANCE OF 101.91 FEET; THENCE SOUTH 72~ 19' 20" EAST, A DISTANCE OF 67.71 FEET; THENCE NORTH 88° 45' 27" EAST, A DISTANCE OF 60.30 FEET; THENCE NORTH 57° 58' 26" EAST, A DISTANCE OF 112.96 FEET; THENCE NORTH 31° 08' 32" EAST, A DISTANCE OF 85.76 FEET; THENCE NORTH 44° 26' 27" EAST, A DISTANCE OF 65.00 FEET; THENCE NORTH 77° 20' 13" EAST, A DISTANCE OF 75.01 FEET; THENCE NORTH 57° 31' 46" EAST, A DISTANCE OF 64.58 FEET; THENCE NORTH 13° 20' 48" EAST, A DISTANCE OF 112.57 FEET; THENCE NORTH 33° 50' 08" WEST, A DISTANCE OF 170.81 FEET; THENCE NORTH 20° 42' 42" EAST, A DISTANCE OF 58.29 FEET; THENCE NOP, TH 67° 53' 51" EAST, A DISTANCE OF 126.15 FEET; THENCE NORTH 57° 54' 44" EAST, A DISTANCE OF 169.74 FEET; THENCE NORTH 42° 52' 07" EAST, A DISTANCE OF 58.31 FEET; THENCE NORTH 18° 08' 59" EAST, A DISTANCE OF 151.53 FEET; THENCE NORTH 16~ 23' 44" WEST, A DISTANCE OF I 11.57 FEETi THENCE NORTH 59° 42' 38" EAST, A DISTANCE OF 117.16 FEET; THENCE NORTH 33° 48' 51" EAST, A DISTANCE OF 47.80 FEET; THENCE NORTH 51° 00' 18" EAST, A DISTANCE OF 69.98 FEET; THENCE SOUTH 76a 49' 52" EAST, A DISTANCE OF 135.78 FEET; THENCE SOUTH 31° 50' 43" EAST, A DISTANCE OF 82.54 FEET; THENCE SOUTH 13° 08' 27" WEST, A DISTANCE OF 71 19 FEET; THENCE SOUTH 04° 29' 50" WEST, A DISTANCE OF 51.25 FEET; THENCE SOUTH 45° 06' 52" EAST, A DISTANCE OF 62.39 FEET; THENCE SOUTH 13° 03' 29" EAST, A DISTANCE OF 80.20 FEET; THENCE SOUTH 14° 45' 38" WEST, A DISTANCE OF 168.29 FEET; THENCE SOUTH 57° 24' 46" EAST, A DISTANCE OF 86.82 FEET; THENCE SOUTH 41° 49' 48" EAST, A DISTANCE OF 122.87 FEET; THENCE SOUTH 26° 11' 17" EAST, A DISTANCE OF 90.58 FEET; THENCE SOl_rrH 23° 13' 58" EAST, A DISTANCE OF 82.57 FEET; THENCE SOUTH 04° 52' 55" EAST, A DISTANCE OF 136.73 FEET; THENCE SOUTH 26° 25' 41" WEST, A DISTANCE OF 25.22 FEET; THENCE SOUTH 57° 44' 17" WEST, A DISTANCE OF 60.31 FEET; THENCE SOUTH 10° 03' 50" WEST, A DISTANCE OF 32.44 FEET; THENCE SOUTH 02° 33' 45" EAST, A DISTANCE OF 63.01 FEET; THENCE SOUTH 27° 48' 54" EAST, A DISTANCE OF 63.01 FEET; THENCE SOUTH 40° 26' 28" EAST, A DISTANCE OF 58.53 FEET; THENCE SOUTH 43° 24' 27" EAST, A DISTANCE OF 46.01 FEET; THENCE SOUTH 49° 42' 30" EAST, A DISTANCE OF 113.53 FEET; THENCE SOUTH 37° 24' 11" EAST, A DISTANCE OF 81.70 FEET; THENCE SOUTH 17° 00' 37" BAST, A DISTANCE OF 53.61 FEET; THENCE SOUTH 10~ 52' 34" WEST, A DISTANCE OF 93.18 FEET; THENCE SOUTH 25° 39' 11" WEST, A DISTANCE OF 189.58 FEET; THENCE SOUTH 36° 19' 02" EAST, A DISTANCE OF 65.87 FEET; .THENCE SOUTH 13° 19' 13" EAST, A DISTANCE OF 101.71 FEET; THENCE SOUTH 09° 40' 36" WEST, A DISTANCE OF 52.64 FEET; THENCE SOUTH 01° 30' 48" WEST, A DISTANCE OF 69.27 FEET; THENCE SOUTH 14° 48' 47" EAST, A DISTANCE OF 69.27 FEET; THENCE SOUTH 22° 58' 35" EAST, A DISTANCE OF 126.71 FEET; THENCE SOUTH 33° 59' 48" EAST, A DISTANCE OF 90.84 FEET; THENCE SOUTH 45° 01' 01" EAST, A DISTANCE OF 131.73 FEET; THENCE SOUTH 23° 58' 19" EAST, A DISTANCE OF 67.58 FEET; THENCE SOUTH 35~' 41' 16" EAST, A DISTANCE OF 96.50 FEET; THENCE SOUTH 47° 24' 12" EAST, A DISTANCE OF 111.67 FEET; THENCE NORTH 77" 45' 52" EAST, A DISTANCE OF 50.61 FEET; THENCE SOUTH 56° 44' 21" EAST, A DISTANCE OF 84.13 FEET; THENCE SOUTH 24° 47' 32" EAST, A DISTANCE OF 166.48 FEET; THENCE SOUTH 18° 47' 04" WEST, A DISTANCE OF 119.92 FEET; THENCE SOUTH 62° 21' 40" WEST, A DISTANCE OF 180.99 FEET; THENCE NORTH 88° 44' 26" WEST, A DISTANCE OF 330.69 FEET; THENCE SOUTH 06° 18' 09" EAST, A DISTANCE OF 190.00 FEET; THENCE SOUTH 030 23' 35" EAST, A DISTANCE OF 152.04 FEET; THENCE SOUTH 10° 54' 58" EAST, A DISTANCE OF 58.92 FEET; THENCE SOUTH 18° 26' 21" EAST, A DISTANCE OF 234.77 FEET; THENCE SOUTH 00° 33' 46" EAST, A DISTANCE OF 117.96 FEET; THENCE SOUTH I7° 18' 49" WEST, A DISTANCE OF 161.62 FEET TO A POrNT ON A CURVE CONCAVE sOUTHERLY HAVING A TANGENT BEARING OF NORTH 81 u 49' 19" WEST AND A RADIUS OF 1633.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID PLANNING AREA 25/27/28 CONT: CURVE THROUGH A CENTRAL ANGLE OF 21 ° 13' 36", A DISTANCE OF 604.99 FEET; THENCE SOUTH 76° 57' 05" WEST, A DISTANCE OF 288.24 FEET TO THE NORTHEASTERLY CORNER OF TRACT NO. 13550, AS RECORDED IN BOOK 206, PAGES 3 THROUGH 9, RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF HIGHLAND AVENUE; THENCE, CONTINUFNG ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 76~ 57' 05" WEST, A DISTANCE OF 22.73 FEET TO THE BEGINNING OF A TANGENT CUP, VE CONCAVE SOUTHERLY .HAVING A RADIUS OF 2333.00 FEET; THENCE WESTERLY ALONG TH~ ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03° 42' 58", A DISTANCE OF 151.31 FEET; THENCE, LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 70° 45' 07" WEST, A DISTANCE OF 638.98 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION 35; THENCE, ALONG SAID WESTERLY LINE NORTH 00° 13' 43" EAST, A DISTANCE OF 2236.78 FEET TO THE POINT OF BEGINNING. EXHIBIT "B" LEGAL DESCRIPTION AND DEPICTION OF SITE FOR RESERVOIR ISee Attached] EX~IIBIT "B" to SUPPLEMENT TO PRE-ANNEXATION oo4~o,8~,o-ooo3 ~07~ 9~.oa .~ ~/02/0~ AGREEMENT All that portion of the Northeast quarter of Section 35, Township 1 North, Range 3 West, S.B.M., in the City of Highland, County of San Bemardino, State of California, more particularly described as follows: Commencing at the Northwest comer of said Northeast quarter; thence South 88 ° 19' 03" East along the Northerly line of said Northeast quarter, a distance of 2601.23 feet to the Northeast comer of said Northeast quarter; Thence South 66° 48' 33" West, a distance of 985.35 feet; Thence North 60° 12' 21" West, a distance of 2.00 feet to the TRUE POINT OF BEGINNING and the beginning of a non-tangant curve concave Southeasterly, having a radius of 132.00 feet, from which a radial line of said curve bears South 60° 12' 21" East; Thence Northeasterly along said curve through a central angle of 08° 14' 10", an arc distance of 18.97 feet; Thence North 38° 01' 49" East, a distance of 57.65 feet to the beginning of a tangent curve concave Northwesterly, having a radius of 148.00 feet; Thence Northeasterly along said curve through a central angle of 13° 29' 24", an arc distance of 34.85 feet to the beginrdng of a reverse curve concave Southeasterly, having a radiua of 262.00 feet; Thence Northeasterly along said curve through a central angle of 18 ° 57' 06", an arc distance of 86.66 feet; Thence North 46° 30' 29" West, a distance of 43.23 feet; Thence North 84 ° 11' 29" West, a distance of 66.46 feet.; Thence South 55° 51' 04" West, a distance of 91.09 feet; Thence South I 1 ° 23' 11" West, a distance of 136.27 feet; Thence South 68 ° 27' 38" East, a distance of 75.08 feet to the beginning of a non-tangent curve concave Southeasterly, having a radius of 142.00 feet from which a radial line of said curve bears South 68° 27' 38" East; Thence Northeasterly along said curve through a central angle of 08 ° 15' 17", an arc distance of 20.46 feet; Thence South 60° 12' 21" East, a distance of 10.00 feet to the TRUE POINT OF BEGINNING. Parcel 1 All that portion of the Northeast quarter of Section 35, Township 1 North, Range 3 West, SBM, in the City of Highland, County of San Bemardino, State of California, lying within a 24.00 foot strip of land, the centerline of said strip being more particularly described as follows; Commencing at the Northwest comer of said Northeast quarter; thence South 88 ° 19' 03" East along the Northerly line of said Northeast quarter, a distance of 2601.23 feet to the Northeast comer of said Northeast quarter; Thence South 37° 32' 05" West, a distance of 1795.33 feet to the TRUE POINT OF BEGINNING and the beginning of a non-tangent curve concave Northeasterly having a radius of 248.00 feet from which a radial line of said curve bears North 38° 51' 55" East; Thence Northwesterly and Northerly along said curve through a central angle of 55° 15' 53", an arc distance of 239.21 feet; Thence North 04° 07' 48" East, a distance of 47.74 feet to the beginning of a tangent curve concave Southeasterly, having a radius of 115.00 feet; Thence Northerly and Northeasterly along said curve through a central angle of $4° 40' 58", an arc distance of 109.76 feet to the beginning of a reverse curve concave Northwesterly, having a radius of 165.00 feet; Thence Northeasterly along said curve through a central angle of 25° 55' 40", an arc distance of 74.67 feet to the beginning of a reverse curve concave Southeasterly, having a radius of 115.00 feet; Thence Northeasterly and Easterly along said curve through a central angle of 47 ° 44' 40", an arc distance of 95.83 feet to the beginning of a reverse curve concave Northwesterly, having a radius of 60.00 feet; Thence Easterly, Northeasterly and Northerly along said curve through a central angle of 63° 02' 20", an arc distance of 66.01 feet to the beginning of a non-tangent curve concave Westerly, having a radius of 114.18 feet from which a radial line of said curve bears North 72 ° 24' 23" West; Thence Northerly and Northwesterly along said curve through a central angle of 59° 52' 43", an arc distance of 119.33 feet to the beginning of a compound curve concave Southerly, having a radius of 60.14 feet; Thence Northwesterly along said curve through a central angle of 35° 55' 04", an arc distance of 60.14 feet to a point hereinafter referred to as Point "A"; Thence continuing Westerly along said curve through a central angle of 28° 10' 07", an arc distance of 29.57 feet to the beginning of a reverse curve concave Northeasterly, having a radius of 62.41 feet; 2q3:h'dyFilcs~L~gal~P-0815 Rd Plant 148,~d Page 1 of 3 Thence Westerly and Northwesterly along said curve through a central angle of 82° 46' 10", an arc distance of 90.16 feet to the beginning of a compound curve concave Easterly, having a radius of 91.41 feet; Thence Northwesterly, Northerly and Northeasterly along said curve through a central angle of 83° 37' 57", an arc distance of 133.43 feet to the beginning of a reverse curve concave Northwesterly, having a radius of 200.00 feet; Thence Northeasterly along said curve through a central angle of 29° 21' 00", an arc distance of 102.45 feet; Thence North 30° 40' 51" East, a distance of 97.52 feet to the beginning of a tangent curve concave Westerly, having a radius of 260.00 feet; Thence Northeasterly and Northerly along said curve through a central angle of 17° 3Y 57", an arc distance of 79.86 feet to the beginning of a reverse curve concave Southeasterly, having a radius of 130.00 feet; Thence Northeasterly along said curve through a central angle of 16° 42' 45", an arc distance of 37.92 feet to a point hereinafter referred to as Point UB" and the terminus of said 24.00 foot strip of land. Parcel 2 All that portion of the Northeast quarter of said Section 35 lying within a 14.00 foot strip of land lying 2.00 feet Northwesterly and 12.00 feet Southeasterly of the following described line; Beginning at herein above described Point "B" being the beginning of a curve concave Southeasterly having a radius of 130.00 feet from which a radial line of said curve bears South 60° 12' 21" East~ Thence Northeasterly along said curve through a central angle of 08° 14' 10", an arc distance of 18.69 feet; Thence North 38 ° 01' 49" East, a distance of 57.65 feet to the beginning of a tangent curve concave Northwesterly, having a radius of 150.00 feet; Thence Northeasterly along said curve through a central angle of 13° 29' 24", an arc distance of 35.32 feet to the beginning of a reverse curve concave Southeasterly, having a radius of 260.00 feet; Thence Northeasterly along said curve through a central angle of 22° 09' 24", an arc distance of 100.54 feet; Thence North 46° 41' 49" East, a distance of 247.89 feet; Thence North 49 ° 37' 44" East, a distance of 94.72 feet to the Northerly line of said Northeast quarter and the terminus of said 14.00 foot strip of land; The sidelines of said 14.00 foot strip of land shall be extended or shortened so as to terminate in the Northerly line of said Northeast quarter. Parcel 3 All that portion of the Northeast quarter of said Section 35, more particularly described as follows: Commencing at herein above mentioned Point "A"; thence North 25 ° 09' 13" East, a distance of 12.28 feet to the TRUE POINT OF BEGINNING, being the beginning of a non-tangent curve concave Southerly, having a radius of 72.14 feet from which a radial line of said curve bears South 14° 03' 01" West; Thence Easterly along said curve through a central angle of 13° 50' 11', an arc distance of 17.42 feet to a point of cusp on a curve concave Easterly having a radius of 14.00 feet; Thence Northerly along said curve through a central angle of 87° 16' 01", an arc distance of 21.32 feet; Thence North 25 ° 09' 13" East, a distance of 2.08 feet: Thence North 64° 50' 47" West, a distance of 8.04 feet to the beginning of a non-tangent curve concave Northwesterly, having a radius of 29.00 feet from which a radial line of said curve bears North 61 ° 54' 15" West; Thence Southwesterly along said curve through a central angle of 59 ° 26' 08", an arc distance of 30.08 feet to a point of cusp on a curve concave Southerly having a radius of 72.14 feet; Thence Easterly along said curve through a central angle of 16" 31' 08", an arc distance of 20.80 feet to the TRUE POINT OF BEGINNING. 2xl}:~MyFilesXl~galsxSp-0gl5 P, xiplant 14B..~d Page 3 of 3 · ~ ~, EXHIBIT "C" DEPICTION OF LOCATION OF BOOSTER STATION AT DISTRICT'S PLANT 140 EXHIBIT "C" to SUPPLEMENT TO PRE-ANNEXATION 20? 194.O4 a 10/31/01 AGREEMENT EXHIBIT "C" DEPICTION OF LOCATION OF BOOSTER STATION AT DISTRICT:S PLANT 140 LEGAL DESCRI?TION OF PLANT 140 The .following described property situated in the County of San Bemardino, State of California: BEING A PORTION OF THE SOUTHEAST ¼ OF SECTION 35 T, 1 N., 4. 3 2., S.B.B. & M. IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT LOCATED AT THE CENTER LINE INTERSECTION OF HIGHLAND AVENUE AND PLEASANT VIEW LANE, AS SHOWN ON A MAP OF TRACT NO. 13469 AS RECORDED IN BOOK 205 OF MAPS, PAGES 78-83, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA; THENCE NORTH 46 DEG. 26' 21" EAST A DISTANCE OF 1142.30 FEET TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING ALSO BEING SOUTH 69 DEG. 10' 02" EAST, A DISTANCE OF 2132.74 FEET FROM THE CENTER OF SECTION 35 AS SHOWN ON RECORD OF SURVEY ON FILE IN BOOK 42, PAGES 5-20 OF SAID COUNTY; THENCE FROM SAID TRUE POINT OF BEGINNllqG NORTH 20 DEG. 37' 17" WEST A DISirANCE OF 19.50 FEET; THENCE NORTH 30 DEG. 34' 04" WEST, A DISTANCE OF 128.00 FEET; THENCE NORTH 46 DEG. 49' 21" EAST, A DISTANCE OF 113.12 FEET; THENCE NORTH 66 DEG. 18' 28"'EAST, A DISTANCE OF 217.00 FEET; THENCE SOUTH 34 DEG. 46' 19" EAST, A DISTANCE OF 90.00 FEET; THENCE SOUTH 31 DEG. 08' 46" WEST A DISTANCE OF 155.91 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 70.50 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38 DEG. 13' 57", A DISTANCE OF 52.38 FEET; THENCE SOUTH 69 DEG. 22' 43" WEST, A DISTANCE OF 150.00 FEET . TO THE TRUE POINT OF BEGINNING. EX1HIBIT "C" to SUPPLEMENT TO PRE-ANNEXATION 094t018310-0003 207194.04 al 1/02/01 AGREEMENT EXHIBIT "D" DEPICTION OF SITE FOR PUMP EXHIBIT "D" to SUPPLEMENT TO PRE-ANNEXATION o~4~o1~1o~ 207194.04a11~2/01 AGREEMENT EXHIBIT "E" LIST OF PLANS~ DRAWINGS~ BUDGETS~ SCHEDULES~ ETC. ~ Bid Specifications for the Construction of Plant 148, 0.75 Million Gallon Reservoir and Plant Booster Station and Appurtenances for Spring Pacific Properties, LLC, Tract No. 15985, East Highlands Ranch, July, 2001 a Plant 1.48 0.75 Million Gallon Reservoir & Transmission Ma'm and Plant 140 Booster Station (See attached Schedules to Exhibit "E" for additional approved budgets and schedules referenced in Section 1.3.) EXHIBIT "E" to SUPPLEMENT TO PRE-ANNEXATION 207194.04 al 1/02/01 AGREEMENT EXHIBIT "F" ,PERCENTAG~E ALLOCATION OF PROJECT COSTS The PROJECT Costs shall be divided between DEVELOPER and DISTRICT as follows: (a) With respect to any and all costs associated with the Reservoir (including without limitation, all grading, access road and landscaping thereto), DEVELOPER shall be responsible for sixty-six and seven-tenths pement (66.7%) and DISTRICT shall be responsible for thirty- three and three-tenths percent (33.3%). Co) With respect to any and all costs associated with the Booster station, DEVELOPER shall be responsible for sixty-six and seven-tenths percent (66.7%) and DISTRICT shall be responsible for thirty-three and three-tenths percent (33.3%). (c) With respect to any and all costs associated with the Replacement Water Line, DEVELOPER shall be responsible for fifty-six and twenty-five hundredths pement (56.25%) and DISTRICT shall be responsible for forty-three and seventy-five hundredths percent (43.75%). (d) With respect to any and all costs associated with the Pump, DEVELOPER shall be responsible for one hundred percent (100%) of the costs. (e) With respect to any and all costs associated with the New Water Line, DEVELOPER shall be responsible for one hundred pement (100%) of the costs, less the increased cost to use 16" pipe in place of 12" pipe between the Reservoir and the end of the Vanleuven Lane cul-de-sac. DEVELOPER shall request each contractor bid to include the price to install all 12" line and the added cost to expand to 16" line in the portion of the New Water Line described, in the preceding sentence, which added cost of the selected bid shall be the amount of the costs for the New Water Line payable by DISTRICT. The parties agree that they shall each be responsible for any and all internal costs or overhead incurred by such Party by their respective employees or staff. EXHIBIT "F" to SUPPLEMENT TO PRE-ANNEXATION 094/0183 ] 207194.04 al0/31/01 AGREEMENT NOV-06-01 1Z:18PM FROi/~$prini Pa¢i~,~Properties 94958141~T .~,p~ T-419 P.OOg/OZS F-134 DBVBLO?BP.: S-P BAST HIGHLANDS, LLC, California limlted liability company By. Undcrhill Properties, LLC z California limited liability company, Member By: Rivendell Land Company, Inc., a California corporation, Member By: . William i. C-riffith, President By: Box Canyon, LLC, Member HOV-O6-01 1Z:19PM FROM-$prini Pac,~..~,Preperties 9495814137. V T-41~ P.Oll/0Z6 F-134 STATE OF ~ ) personally appe~ed ~ ld ~. ~/~ , f p~ona~y ~o~ to me (or prov~ to m~ on ~e b~is of safisfacto~ ~d~nce) to be ~e p~rso~(s) whose n~=(s) is/~ subscribed to the ~thi~ ~s~t on ~ ~s~n~ ~e p~son(s) or ~ ~nri~ ~pon beh~ ofw~ch ~e p~son(s) aet~ executed Wire,ss my h~d ~d offici~ ~ GLO~IA M VAUGHN ~ NOTARY PUBLIC-OREGON ~ COMMISSION N0.337919 MY CO~M[SS~ON EXPI~a NOV 2, [SEAL] ~ 'r' [' METROPOLITAN WATER D/STRICTOFSOUTHERN CALIFORNIA 'r"~T ~ 9 2001 Executive Off/ce CERTIFIED MAIL Inland Feeder Proj oct OC'[' 2 § 2001 MWD Parcel No. INFED1-29-102TEA1 APN 1201-171-01 East San Bernardino Water District Post Office Box 3427 San Bernardino, CA. 92413 Ladies and Gentlemen: Offer to Purchase The Metropolitan Water District of Southern California (Metropolitan), a public corporation, will construct a 45-mile-long pipeline and tunnel system, tentatively designated as the Inland Feeder Project (Project). This Project is designed to enhance water quality by blending waters from the Colorado River and the State Water Project and to bring supplemental water supplies to Riverside, San Bemardino, San Diego, I,os Angeles, and Orange counties. In connection with the Project, Metropolitan seeks to extend the temporary easement across a portion of your real property (Property) which was recorded in the office of the San Bernardino County Registrar-Recorder on December 9, 1998 as document number 19980524474. The Property is identified by the Assessor's Parcel Number (APN) listed above, being more fully described in Exb_ibits A and shown on Exhibits B, enclosed hereto. Metropolitan had your Property appraised to determine its fair market value, as defined in California Code of Civil Procedure Section 1263.320. It was appraised in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of dze lmzd, the land's cnrrent use, and aay improvements located thereon. Based on the appraisal, Metropolitan hereby offers to purchase a temporary easement interest in your Property comprising 0.35 acres for $6,800. The temporary easement will be for a period of twenty-one months commencing January 1, 2002 and terminating October 31, 2003 and will be used for construction-related pm'poses. This is the full amount established by the appraisal as the fair market value of the Property and just compensation for such acquisitions. Tiffs offer is subject to the "Agreement of Purchase and Sale and Joint Escrow Instructions." A written statement of, and summary of the basis for, the amount established is set forth in the enclosed Appraisal Summary Statement. 700 N. Alameda Street, Los Angeles, California 90012 · Mailing Address: Box 54153, Los Angeles, California 90054.0153 · Telephone (213) 217-6000 East San Bemardino Water District MWD Parcel No. INFED1-29-102TEA1 Page 2 The amount of the offer: a. Is the full amount believed by Metropolitan to be just compensation for the Property; b. Is not less than the approved appraisal of the fair market value of the Property; c. Disregards any increase or decrease in the fair market value of the Property prior to the date of valuation caused by the public improvement for wi-rich the Property is acquired; or by the likelihood that the Property would be acquired for the ~ irnproYeinent, other than that due to physical detcriorari~n within the reasonable control of the owner and/or occupant; and d. Is predicated on the assumption that there exists no hazardous substance, product, waste, or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 42 United States Code Section 9601 et seq., on the subject Property. If you need additional information, please call Ron Maculans, Senior Real Estate Representative, at (213) 217-7681. Vefi~.,trulff_- yoursv /// '~"C~aJg:rC, A~s s~ Management RGM:bb a/wordahax/romnac/l~;ttcr,~'East Sm~ Bemardlno Water.tl~c Enclosures ,-, v AP-7 " /) '~pRAISAL SUMMARY STATF; IENT (PARTIAL TAKE) THE METROPOLITAN WATER DISTRICT OF SOUTHER~C'ALIFORNIA MWD PARCEL NO (S): INFEDl~29-102TEA1 APN(S): 1201-,171-01 // OWNER(S); East San Bernardino Water District ADD~' See a~.~e~map and legal description MAILING ADDRESS: P.O. Box 3427, San Bernardino, Ca. 92413 TELEPHONE NO: (909) 889-9501 RECAPITULATION SIZE APPRAISED VALUE LARGER PARCEL LAND 0.36 Acres IMPROVEMENTS TAKE AREA FEE FEE-SUBJECT TO DEDICATION PERMANENT EASEMENT ~ PERMANENT EASEMENT SUBJ/DED TEMPORARY EASEMENT 0.35 Acres $6,584 IMPROVEMENTS REMAINDER 0.01 Acres SEVERANCE DAMAGES $179 SPECIAL BENEFITS NET DAMAGES . TOTAL RECOMMENDED AWARD $6,800 rounded DESCRIPTION OF RIGHT-OF-WAY LOCATION: See attached map and legal description ABBREVIATED LEGAL DESCRIPTION: See attached TYPE OF PROPERTY: Vacant Land HIGHEST AND BEST USE: Hold for future development BUILDINGS: None SITE IMPROVEMENTS: Fending, one large tree and several smaller bushes - all paid for in prior compensation. CROPS AFFECTED: None -~i~RSONAL PROPERTY: None Note: This Appraisal Summary Statement was prepared in accordance with California Government Code 7267.2(a) ' APPRAiSAI~ ~,UMMARY 5TATEMEP' · '. '. (pARTIAL TAKE) ~ PARCEL NO(S), '~I~FED1-29-102TEA1 SEVERANCE DAMAGES; The remainder area will have limited usefulness during the Temporary Easement period; therefore, compensation to the remainder was applied in the same pro-rate amount as the ~ Temporary Easement parcel SPECIAL I~ENEFITS: None REMARKS OR RECOMMENDATIONS: None VALUATION BREAKDOWN BY PARCEL CHECK ONE: CHECK ONE: CHECK ONE: CHECK ONE; C~ FEE [] FEE 0 FEE [] FEE [] FEE SUBJECT/DEDICATION O FEE SUBJECT/DEDICATION C FEE SUBJECT/DEDICATiON [] FEE SUBJECT/DEDiCATiON [] PERMANENT EASEMENT [~ PERMANENT EASEMENT D PERMANENT EASEMENT [] PERMANENT EASEMENT J PERMANENT EASEMENT ~ PERMANENT EASEMENT D PERMANENT EASEMENT [] PERMANENT EASEMENT SUBJECT/DEDICATION SUBJECT/DEDICATION SUBJECT/DEDICATION SUBJECT/DEDICATION ~ TEMPORARY EASEMENT [] TEMPORARY EASEMENT D TEMPORARY EASEMENT [] TEMPORARY EASEMENT RENTAL PERIOD RENTAL PERIOD RENTAL PERIOD RENTAL PERIOD (21 MONTHS) ( ) MWD NO.: MWD NO.: MWD NO.: SIZE (AC): 0.35 ACRES S~ZE (AC): S~ZE (AC): SIZE (AC): ~LAND; LAND: LAND: LAND: $6,584 $ $ $ IMPS: $0 IMPS: IMPS: IMPS: $ $ NET DAMAGES: $179 NET DAMAGES; NET DAMAGES: NET DAMAGES: .$ $ $ TOTAL COMPENSATION TOTAL COMPENSATION TOTAL COMPENSATION TOTAL COMPENSATION DATE OF VALUE: 10/1/01 TOTAL RECO~ENDED AWARD $._6,800 DATE OF REPORT: 10/1/01 SIGNED: .'~1/~,~¢~ Paul Norlen, MAI State Certificate AG002158 APPRAISER /AP-7/ PCN/INFED29101UPDATE. DOC '~EFINITION OF FAIR MARKET ... (Calif~Knia Code of Civil Procedure 1263~'~r')~20, A & B) (a)The fair market value._is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, ~ and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (b) The fair market value of property or which there is no relevant market is its value on the date of valuation as determined by any method of that is just and equitable. CERTIFICATION The undersigned hereby certifies that: 1. The subject property was inspected by Paul Norlen, MAI. 2. To the best of my knowledge and belief, the statements of facts contained in this report, upon which the analysis, opinions, and conclusions expresses herein are based, are true and correct. 3. The reported analysis, opinions, and conclusions are limited only by the assumptions and limiting conditions stated herein, and are the personal unbiased professional analysis, opinions, and conclusions of the undersigned. Those limiting conditions (imposed by the terms of the assignment or by the undersigned) considered to affect the analysis, opinions, and conclusions are contained in this report. ~4. I have no present or prospective interest in the property that is the subject of this report. I have no personal interest or bias with respect to the subject matter of this report or the parties involved. 5. The compensation for this assignment is not contingent upon the reporting or a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. 6. This report is not conditioned upon a requested minimum valuation, a specific valuation, or the approval of a loan. 7. This report, and the analysis, opinions, and conclusions contained herein, have been made in conformity with and are subject to the requirements of the Oode of Professional Ethics and Standards of Professional Practice of the Appraisal Institute, and the Uniform Standards of Professional Appraisal Practice. 8. No one other than the undersigned prepared the analysis, conclusions, and opinions or provided other significant professional assistance concerning the real property interests that are the subject of this report. The Appraisal Institute conducts a program of continuing education for its designated members. As of the date of this report, Paul Norlen has completed the requirements of the continuing education '3rogram of the Appraisal Institute. Paul Norlen, MAI State Certified General Real Estate Appraiser No. AG002158 A 'UMPTIONS AND LIMITING CON .'IONS The Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute require that all assumptions and limiting conditions that affect the analysis be clearly and accurately set forth. To assist the reader in interpreting this report, the primary assumptions and limiting conditions affecting the analysis of the subject property are set forth below. Other assumptions and limiting conditions may be cited in relevant sections of the appraisal report. 1. The date of value to which the conclusions and opinions expressed in this report apply is October 1, 2001. Further, the dollar amount of any value opinion herein rendered is based upon the purchasing power of the American dollar existing on that date. 2. The appraiser assumes no responsibility for economic or physical factors which may affect the opinion herein stated occurring at some date after the date of value. 3. The appraiser reserves the right to make such adjustments to the valuation herein reported, as may be required by consideration of additional data or more reliable data that may become available. 4. No opinion as to title is rendered. Data related to ownership and legal description was obtained from public records, and is considered reliable. Title is assumed to be free and clear of all liens and encumbrances, easements and restrictions, except those specifically discussed in the report. The property is appraised assuming it to be under responsible ownership and competent management, and available for its highest and best use. Investigation of the property's history is confined to examination of recent transactions or changes in title or vesting, if any, and does not include a "use search" of historical property utilization. 5. No engineering survey has been made by the appraiser. Except as specifically stated, data relative to size and area was taken from sources considered reliable and no encroachment of real property improvements is considered to exist. 6. Maps, plats, and exhibits included herein are for illustration only as an aid in visualizing matters discussed within the report. They should be considered reliable and no encroachment of real property improvements is believed to exist. 7~ As a premise of this report it is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined, and considered in the attached analysis. 8. No opinion is intended to be expressed for matters which require legal expertise or specialized investigation or knowledge beyond that customarily employed by real estate appraisers. It is assumed that there are no hidden or unapparent conditions of the property that render it more or less valuable. No responsibility is assumed for such conditions or for the arranging of studies that may be required to discover them. The function of this report is to provide an opinion of the value of the real property rights herein defined. Under no circumstances should this report be considered as providing any service or recommendation commonly performed by a building inspector, structural engineer, architect, pest control inspector, geologist, etc. ... 9. No soil reports specific to ~ subject parcel were available. Th~.'~ valuation is based upon the premise that soil and und~ iing geologic conditions are consis ,t with highest and best use. 10. No specific information was available for my review relating to hazardous materials or toxic wastes that may affect the appraised property. The presence of any such materials and substances may adversely affect the value of the subject property. This valuation is predicated on the assumption that no such material or substance is present on or in the subject property or in such proximity thereto that it would prevent or impair development of the land to its highest and best use or otherwise affect its value. The appraiser assumes no responsibility for the presence of such substance or material on or in subject property, nor for any expertise or knowledge required to discover the presence of such substance or material. 11.This report is subject to the requirements of the Appraisal Institute retating to review by its duly authorized representatives. 12. Disclosure of the contents of this appraisal report is governed by the By-Laws and Regulations of the Appraisal Institute. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or any reference to the Appraisal Institute, or to the MAI designation) shall be disseminated to the public through advertising media, public relations media, news media, sales media, or any other public means of communication without the prior written consent and approval of the author. EXHIBIT A INFED 1-29- i 02TEA 1 (Temporary Easement) East Valley Water District, a Corporation That certain parcel of land in the north half of the southwest quarter of the southwest quarter of the northwest quarter of Section 3, Township i South, Range 3 West, San Bernardino Meridian, in the City of I-Iighiand, County of San Bemardino, State of California, conveyed to East San Bernardino County Water District as Parcel 2 by Director's Deed recorded April 23, 1965, in Book 6377, page 475 of Official Records of said County. EXCEPTING therefrom that portion lying southwesterly of a line parallel with and distant 100.00 feet southwesterly of, as measured at fight angles to, the southwesterly right of way line of Boulder Avenue (State H/ghway 30), as conveyed to the State of California by Grant Deed recorded June 23, 1948, in Book 2250, page 231, of Official Records of said County. All as shown on Exhibit "B" attached hereto and made a part hereof. END OF DESCRIPTION pREPARED UNDER MY SUPERVISION Date / R.B.~:\pdvate~"udb¢lqega/k29\102~eal.doc $=p~embcr 17. 2001 Page i of 1 EXHIBIT B Page ~ of ~ POR. N1/2 SW1/4 $Wl/4 NWl/4 SEC. 3, T I S, R 3 W, S.B.M., CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA THIS EXHIBIT IS TO BE ATTACHED TO THE LEGAL DESCRIPTION PARCEL 2 0 REc. 4.23-1965 LOT 15 LOT 14 TRACT 34/13 NO SCALE EUCALYPTUS AVE. £EO£ND. TEMPORARY ~SEMENT INFED 1-29-102T~ 1 (0.349 AC.) WCINI~ MAP S/TE~ EUCALYPTUS AV~. PREPARED UNDER ~ MY SUPERWSION ~ ~ THE METROPOLITAN WATER DISTRICT ~ OF SOUTHERN CA~FORNIA IN.ND FEEDER ~ (~_ TEMPO~RY EASEMENTEAsT VALL~ WATER DISTRIC, 5TH ST. ~ G. WISEMAN P.LS. 6241 NO ~m~ DATE MWD INFED1-29-102T~1 /svr~/inland/row/exhib/2~/lO2tea l.dgn 09/17/2001 R.B./B,G./~ RELEASE OF LIENS OCTOBER 13, 2001 - OCTOBER 30, 2001 ACCOUNT RELEASE OWNERS PROPERTY AMOUNT NUMBER DATE NAME ADDRESS OWED 1. 002-0057-1 10/29/01 1298 MARSHALL BLVD 84.53 2. 002-0062-4 10/19/01 1394 MARSHALL BLVD 17.96 3. 042-0182-3 10/30/01 5976 DOGWOOD ST 39.18 4. 042-0182-3 10130101 5976 DOGWOOD ST 43.34 5. 044-0170-2 10/30101 1888 HIGHLAND AVE 104.58 6. 094-0080-6 10130101 7774 DEL ROSA AVE 76.17 7. 113-0229-4 10/30/01 24754 4TH ST 91.§3 TOTAL ~ 457.29 V +PAID THROUGH TAX ROLLS Page 1 of 1 Z Z I.u ~ '7 m >- DD~OZ~ ~ Don Kurth Vice President Cucamonga CountyWater District (909) 229-3832 Hello, My name is Don Kurth and I am running for a seat on the Board of Directors of the Association of the San Bernaxdino County Special Districts. Over the past twenty-five years, I have shown my com- mitment to community service and local government in everything I do. Through my service in the water industry, I have gained expe- rience on a local, regional, and national level. I serve as Vice Presi- dent of the Cucamonga County Water District and I am now half way through my second, four-year term as a member of the Board of Directors. I currently serve on the Finance Committee and as Chairperson of the Public Rela- tions Committee. Regionally, during the past year I have had the opportunity to serve as Vice Chair (and later Chairperson) of the Special Districts' Working Group and Advisory Committee to LAFCO (Lo- cal Agency Formation Commission of San Bernardino County). In this capacity I chaired several meetings for the Association of San Bernardino County Special Districts in an attempt to develop a fair and equitable system for funding the special districts' share of LAFCO's annual budget. I believe special districts have a message that must be heard in Sacramento. As a strong supporter of the special district form of local government I know I have the leadership and experience to deliver that message on behalf of our San Bernardino Chapter. Professionally, I work as a physician at Loma Linda University Medical Center where I treat pa- tients and teach medical students. However, I also have a unique breadth and depth of experience in both agriculture and business. In the past, I have owned and operated my own landscape construction company, a cattle ranch in Montana, and I currently own and operate a commercial nursery located in Vista, California. I have served as President of the Rancho Cucamonga Cham- ber of Commerce and in 1993 I was awarded the Small Business Person of the Year by Chaffey College and the U.S. Small Business Association. I am deeply committed to local government and the Association of the San Bernardino County Special Districts. I am always seeking new ways to increase my sphere of knowledge and new ways to be of service to my community. Thankyou for taking the time to read about my candidacy and I encourage to you attend the Annual Meeting on November 19th to cast your vote. Sincerely; of the · '-' A~odation .,~,_,_~ San Bemardino County Special Di~trict~ ': 7".'.. -'~.., ..=~_, I'I'C[UI' I '~zlleY H'{iter Dis[riot invites you to join us as we host the November meeting "'~ the Sphn8 Yalle9 Lake Cou=t~ Clu]: in Victorville. · " , : '::' :x:'""' C]~oice o~ ~ntrees: Prime ~i~ o~ ~ee} with twice-~a~e~ potato ':?: Clzic~en Marsala wit~ sa~ron rice :~Z" ~ntrees se~e~tlt: Toasfefl ~ar~en salad ~t~ house ~ressin~; ~res~ ~L Topic: Mike ~ allace is in the Lobb9 ~.~- RSV~ to donnie Maddox by ~ovember ~ 2m ':.:'~, :.~,.. Telephone: 760-843-312~ -~ Fax: 760-241-8664 :.~5,= fl 7~ 85 Yuma Street Victorville, CA 92392 -~ .:~) Attendees: Entree: .~. .'~4G' '>:' Sprin8 Vallet] Lake Countnj Club '~ tD9~9 Sprin8 Valle~j Parkway] ~-~" ': '. ,~ Interstate 15 to Bear Valley Road. Travel east on Bear Valley Road approximately "" ~' 6 miles to Spring Valley Parkway. Turn le~2 on Spring Valley Parkway (north) ..-~; to the in:ersection of Spring Valley Parkway and Count~ Club. Turn righ:. '~" The parking lot to the clubhouse is on the right. ~,,. ~ [ } [ I I~J [ I I : , L._.,.,~ .,, -'- '"~1 ~pr ng va ley I ~ t i :~ } , t-'g ~ ', '" 5~ /[}k~[}~'l } , , : I : ' ~,=.. --.:-' Parkway ~.. 'St ~ ; .~. ~: :l '~ : -' : ...... ' ' -~ ...... ~r .... '~ ' '-~. .... ;kTr :~ ¢) A Y · December 6 ~ ~ I D A Y · December 7 ~elcome and Opening] Remarks, ;:~0 am Breakout Sessions ~orothy Green, Conference Chair Track I: Ca[ifom'nia ~.~ Plan: Buildin8 a New Pa[me[ship with Mexi~9 ~¢q~ienam'y Moderator: TBA Steve Cornelius, &Jakn~ Waves with the Public Trusi Doctrioe ~onoran Institute Dr. ~im Anthony, Executive Director. Ed Glenn, Hawaii Laieikai Association University o[ Arizona Robert Johnson, Lunch Presentation USBR · Lower Colorado Region .~how Us the Money: Environmental Sa~ Jennifer Pitt, ~om Water Efficiency Environmental Amy rickets, author "Handbook o¢ Water Llse and Consem'vadol Comisiot~ h~ternaciona] dc Urn i les ', ~- ~,~ f~rrakoul Sessions Track il: Climate Chan~ ~J~j~, was ~ty ~,¢k,~ ' Moderator: Ane Oeister, Moderator: Ane Deister. NiW[~ oi ~Otlthern L~a)iloi n,a Dan Cayan, Sarge Green, Tranquilli[y Irrisa~ion Dislrid Shelley Fidler, Steve Macaulay, VanNess Fe[dman CA Department o¢ Water Resources Bob Wilkinson, Mike Orcutt, LIE Santa Barbara Hoopa Tribe Representative Larry Wilson, Mary Wells,* Santa Clara Valley Water District Northern California Water Association [rack II1: Land Use DcvelopmenL Track II:~er? Costs of ~!~ying WateE Tensions Between Water and Housin¢ Cbssjc Co:Dependence? Moderator: Mary-Ann Wa[me[dam. Moderator: Ray Hart, Yolo County Flood Control and Water California Department of ~ater Resources Conservation District Gar~ Arant, Mark Dillon, Valley Center MWD Counsel to Newhall Land Martha Davis, Bill Fulton. Inland Empire Utilities Agency audio[ Barry Mortimeyer, Maureen Go[sen, Power Operations Division. LIS BLIREC Westoo Bensboof. Rochelort Robert Wilkinson, Randy Kanouse. UC Santa Barbara East Bay Municipal Lltility District Carolee Krieger, 1'rack I[1: Drinking Water Quality: The California Wa[er Network Challcn?s in All Directions ~oderator: Marguerite Young, Track IV: CALFED: Fulfillin? the ProngSe Clean Water Acdon ~-,: Moderator: Grog Zlotnick, David Beckman, , :' ~~ Sa,qa Clara Valley Water Uisn'ict NRDC ~ ,~,,;,, Barry Nelson, Phillippe Danielle, .' ' NRDC Camp, Dresser 8 McKee i~i~ii Susan Ramos Richard Harter, ~, ~: LI.S. Bureau of ~edamadon LA and San Gabriel Rivers Wak'rshed Co ~~ Allan Short, Gary Nakamura, LIC Cooperative Extension Patrick Wright, Adan Ortega, CALFED Ray. Delta Program MWD of Southern Caiilornia [0:30 am Breakout Sessions Track IV:The Role of the Water Oistri¢~ Track I: ~ater U~¢ Efficiency: Achiev~ A~encies in a ~orld of Chan~e tl~at Next Elusive bcreme~ Moderator: Martha Guzman, Moderator: Mary-An. Dickinson, Linked Farm Workers of American, AFL-CIO CA Urban ~ater Conservation Council ~ieh~r~ &t~fcr Richard Atw2ter. Inland Empire Lltilities Ager I I Emp~ Litflities ASency Ed Means, ~-~ J'e~Beck, McGuire Environmental Consultants Kern Coumy Water Agency Allan Short, Dennis Diemer, Modesto Irrigation District Eas[ Bay Municipal Utility District David Fullerton, Rreakout Sessions NHI* ?~a~ck I: The Salton Se~a in th~ Steve Ottemoeller, Emvrgency Room: Revival or Tria§e? Madera irrigation District Moderator: TBA MWD of Southern Calilornia Tr_~ack Il: Bulletin 160: Planning for the_ Daniel Anderson, '-~.~ W__grst, Hoping for the Best LIC Davis ,; Moderator: Jonas Minton, CA Department of Water Resoorces Michael Cohen, ~ Pacific Institute Grace Chart, Andy Home, MWD of Southern California hnperial irrigation District Lloyd Fryer, Tom Levy,* Kern Couoty Water A~ency CoacIMla Valley Water District B.J. Miller,* Consulting Engineer _fl'a._~ck I1: Use of Market Forces to Dennis O'Connor, ~ir¢ct Policy: A Taxing bsu¢? CA Research Bureau. CA State Library Moderator: Doug Wallace, Robert Wilkinson, ~ast Bay Municipal Utility District UC Santa Barbara Luis Arteaga,* Latioo Issues ForLnn Track Ilk TMDL's: What Will il Take Paul Betancourt,* to7 hnplement Them? Fresno County Farm BureaLi Moderator: Kevin Wolf Doug Linney, Wolf ~ Associates The Next Generation, EBMUD Director Celeste Cantu,* David Sunding, Executive Director, SWRCB CSRA, UC Berkeley Teas Durham, Barton Buzz Thompson, California Farm Bureau Stanford University TBA Track ilk Watershed Mana?men'F Track IV: Privatization and Dere_mdation: ~oing to the Source En~er~y's Lessons [or Water Moderator: Mary Jane Foley Moderator: Phil Ward,* City of San Francisco Steve Abbors, ~ ~ ~ David Freeman,* East Bay Municipal Utility District : CA Consumer Power ~ Conservation Dorothy Green, POWER Board Member Financing Authority Michael Wellborn, Ron Gastelum, Orm~ge County MWD of Southern California Leah Wills, Loretta Lynch, Public Utilities Commission Forest Community Research Sunne McPeak,* Track IV: The SWRCB: Bay Area Council Evolvin~ a New Mission? Harvey Rosenfield,* Moderator: Jean Auer Foundation for Taxpayer and Consumer Ri§his Harrison Dunning, ': ,, LIC Davis NoOn Lunch: Lynne Scarlett, Mark Gold, Counsel to the U.S. Secretary of the Interior Heal the Bay TBA 2:30 pm Adjourn Enviromnenta[ Adjustment Hour *Invited Dil~J]er -Awards Presentation Manufacturing Fish Dinner Speaker Michael Weber, author ' groll! .~,bu!ldai1ce t3 Scarcilv..c~ }'iiSlOI '. OI lis \Urine Fisilcries Policy' ! ,tark, a yen, a buck or apou*/P'd.., money makes the world go around." Who Should Attend ~re's much more to ensuring a high quality, reliable Decision makers at all levels of government; represema~ice~ ~upp[y than just money. There's the cost to our way of life. from water a~encies; business, agricultnral and environmcm What price must be paid by the environment? What leaders; technical experts; academics and others interesL,d , ,~,.,~ must be made by agriculture? How will recreation California's water future: .,,cc~ed? And what about the changes that must take place in our ~i,.'s~ -Xte ~,e prepared to weigl~ the costs and consequences Location ,atancit~ competing needs with dwindling supplies and growing The conference will he held at the beautiful Rega~ ~' .alitv concerns? Hotel in Los Angeles, The four-diamond Regal B~hmore FLm in its I I Ih year as a major forum for California water issues, a historical landmark, is centrally located in the heart 200 [ water policy conference will examine the principles downtown Los A%eles legal, financial, gover~m~em ~il cos~ accotmthag from financial investments to environ, retail district. The hotel is ideally situated jus: I ~; miles ,mai and socio-political costs for the water industry. Los Angeles International Airport and 18 mibs i :,,¥ ~ollox~in~ .m introductory plenary sessiolL the ¢onlerence Airport. The reduced ~roup rate lot conleren , ,'f~er lotH' workshop tracks Governance a id 1st tilt o la Issues: $ I 39 single/double occupancy. Fo r ~esc~',.::~o~:; c, ,.~2ulations: Economic and Ecosystem Issues; and Planning and 800-245-8673. The cut*oil date for the t.atketing Issues. Attendees may follow a single track throughout the rate is November 2 I. However, space is Ihniled and aue~ ...day event or diversify their investment of time in a variety of are encouraged to make theu' reservat ohs as sot ~1 as :.~cs. Please join us as we work together to balance the .,ks lot future generations. Plenary Speakers O,r dinner speaker, .4'licbael Weber. author of thc As always, the goal of the conference is to present recently published book, "A History of U.S, Marble Life speakers with a variety of opinionx and diver$e Management Polio", has an extensive knowledge of backgrounds. A perfect example of this goal is the marine ~dence and conse~aation. He has spent at least the lls~ ~f our confirmed plenary speake~, past 20 years directing programs that promote the A ~ny Wckers is the principal of an international ration of marine l~fe and habitat, as well ana~zi.~ poli0, co.s.lting practice ~pecializing in water conse~tion, options on marine issue~. She is the author of "Handbook of Water Use and Lynn Scarlett is the Assistam SecretaD, jbr Conse~ation". Management and Budget Jbr the U.S. Department ~f'thc tim Anthony h Executive Director of The Hawaii [nterio~ Lynn brings with her a background rich in public Laieikawai Association, a driving force of numerous polio. Prior to her recent appointment, Ms. Scarlctt was landmark public trust court decisions in HawaiL president and CEO of the Reason Foundation, a national(r Tb,znks to his efforts the Hawaiian Supreme Court recognized research and education organlzatio.. sez our definitions of public trust that many hope other For updated information on additional plenary speakers j:.'isdictlons willfol&w, check our website at www. cawaterpolicy, org. To learn more about the tours... Name ~' return the attached form ~ call916-444-~240 Title ~ visit our web site at www. watereducatlon.org Organization Registration fee for the tours is: One person, single occupancy room - $550 Address '.Cwo people, double occupancy room - $950 Discounts are available for registering City State Zip four or more people per agency. MCLE (attorney) credits are available for an Phone Number (.__) E-mail additional fee, Please send information about (check all that apply): Information on each tour you select - including a regis~'ationform - will be mailed I~l Lower Colorado ~ Central Valley IZI Bay-Delta to you approximately 8 weeks prior to each individual tour. Register early, seating is limited. {~l Northern California UI SierraWatersheds ~ So. Calif. Groundwate~ 0~; call to register today! The Water Education Fount' ,n's sours offer partici?ants a flrsshand look ar '% water flwilities, rivers and regiom critical in the dele about the fitture of water resources in CaliforY~land the West. Issues of water suppl~ water qualit3 environmental restoration, flood management, water marketing, groundwater, and water conservation are addressed by a wide range of speakers "~'~'~ ,.~L .::" ~epresenting different viewpoints. The tours are praised for being balanced, thorough and fun. Participants learn about local, state and federal issues from a host of experts on all sides. Time for socializing and networking is included in the action-packed itineraries, allowing participants to share information and make valuable Six tours will be offered in 2002. All tours are three days and two nights. Tour registration fee includes transportation and lodging while on the tour, meals and background materials. Attorneys can e~n continuing legal education credits for an additional fee. ~~j~ Lower Co,orac~o River Tour-This tour t~,llo,,,s the course of d~e lower Colon,do River ~~~~.;..~...,~...':{:~ d, rough shier states, anfl includes a private tour of Hoover D ....... hoar ride on Lake Mead. ~L.~'~'~-. ~?.~.~4 Issues di<usscd h,clt, dr thc Caliik,rnia 4.4 pktn, Central A,iz, ma Pruicct, south~'r,~ Nevada's ~ '~ endangered species, tribal water rights and water quality. The rout begins in Las Vegas. with Stops include Folsom Dam and thc Nimbus Fish Hatchery, part of tl~e Central Valley Northern California Water Facilities and Fisheries Tour - Tills tour traxels thc length of the Sacramento ~alley and includes visit~ to Oroville and Sh~ta dams. Other higbllghts arc visits to the Feather ~ver Fish Hatche~, Red Bluff Diversion Dam. area The Sacramento Valley watershed is a major source of water for farms and cities throughout Act, groundwater management and conjunctive use, water quail9' flood management and November 1, 'L,,,e01 Mr. Robert Martin East Valley Water District P.O. Box 3427 San Bernardino, CA 92413 RE ACWA 2002 DC CONFERENCE Dear Mr. Martin, Plans are underway for the 2002 ACWA DC Conference, February 10 -February 13, 2002. This letter serves as your personal invitation for you or your designee to attend this event·. The conference provides a unique opportunity to meet with members of the 107th Congress and the Bush administration. We anticipate working on a number of key federal issues, including CALFED, Clean Water Act, Safe Drinking Water Act, federal projects and the Endangered Species Act. Our grassroots lobbying efforts during the conference will be especially important in presenting the water community's collaborative position through ACWA. Once again the conference hotel is the Washington Court. ACWA DC Conference participants are responsible for making their own hotel reservations within the block of rooms reserved by ACWA at the Washington Court Hotel (see attached form for registration information). The Washington Court Hotel will accept reservations in the ACWA room block until January 10, 2002. Please also note the cut-off date to register with ACWA for this event is January 30, Please do not assume that your registration can be accommodated if you do not register in · - advance of January 30. All materials, meal guarantees and logistics are based on registered delegates as of that date. The conference schedule will include general sessions where invited speakers share their perspectives and insights. During these sessions, specific small groups made up of select conference attendees will be invited to participate in Congressional and Executive branch visits to specifically present ACWA's position· See the preliminary draft schedule enclosed. Please note on the preliminary agenda that ample time - after 10 a.m. on Wednesday - has been set aside to allow you to schedule personal appointments on Capitol Hill and with the administration· While I understand your temptation to schedule appointments on Monday and Tuesday, we request that you refrain from scheduling those appointments until after the conference concludes on Wednesday. This is essential to the success of your ACWA DC Conference· Information packets will be prepared and mailed to participants prior to leaving California· if you have other topics/issues that you feel should be addressed, please complete the enclosed sheet and fax it to the ACWA Washington office, 202-434-4763 so it can be considered for inclusion. Assoclat{on of CalJfornla We look forward to your active participation and involvement. With Conference attendance this Water Agencies year set at 75 participants, hotel accommodations will fill quickly, so if you plan on attending, it is 910 K Street, Suite 100 critical to get your reservation in immediately. Should you have any questions, please feel free to Sacramento, California call the ACWA Washington office at (202) 434-4760. 95814-3512 % 6/44~ -4545 Sincerely, ~x 916/325-4849 Ha~J of the States 400 N. Capitol St., N.W. Stephen K. Hall Suite 357 South Executive Director Washington, D.C. 202/434-47 r~O ~^× 202/434~4763 OFFICE USE ONLY - DC02 v Washington Court Hotel s Washington D.C. - February 10-t3, 2002 T __ DATA Due to t~e unique structure of t~/s event a/I parlicipants must bere~isteredbyJanosrv$O. Nore~#ldswl//he/ssuedaNerJanuaty30. If you have a disability that may require On.site relTis~at/ons wi1/onlybe accepted on a apace available basis, accommodation to assure your full padicipa- tion, please contact Ellie Meek of the ACWA Fill in Completely - Please PrintJType Clearly staff to discuss your needs, Name on Badge to Read Spouse/Companion ($40fee if attending) Credit Card Payment Information Organization Please charge my fee to my credit card: Address Credit Card Number: City State Zip E-MailAddrese:. Expiration Date: [-~ Amo,,unt: $ Please Indicate where you would like your briefing packet mailed. Signature: Address City State Zip Amount ~' Registration (20) ....................... $550 $ Spouse/Companion (Non-refundable) (22) ................................ .. ...... $40 TOTAL $ CONFERENCE ACTIVITIES - MEAL FUNCTIONS Sunday, February t 0 Quantity Open[ng Reception (30} .................................................. .... .... . Monday, February 1 ¶ Continental Breakfast (31) ................................................ ~ , Lunch (32) ..................... Tuesday, February t2 Continental Breakfast (33) .......................................................... Lunch at National Democratic Club (34) P/ease/nd/cateyourenlree choice ............ Steak Crab Cakes Congressional Recept[ort (35) .................................................. . .. .. . Wednesday, Februa~ 13 Fuji Breakfast (36) ............................................................... Indicate area(s) of interest for small group lobby efforts if you want to participate: Bay-Delta Fundthg (1) . SDWAImplementafion (5) Endangered Species Act (2) Federal Projects (6) Clean WaterAct (Water[nfrastructure Funding) (3) __ Farm Bill- Water Quality Funding (7) Energy(4) __ Other_ Registration deadline/s January 30, 2002. Those reglstrab'ons receIved af~er January 30 maybe returned. No refunds at, er January 30, 200~. Make checks payable to ACWA, and send to: ACWA, P,O. Box 2408, Sacramento, CA 95812-2408. FAX (916) 325-2316. Fa,xed registrations will only be accepted with credit card information. Do not fax AND mall this form. 2002 ACWA DC Conference February 10 - February 13, 2001 Washington Court Hotel SUGGESTED TOPICS Topics currently identified for inclusion in the 2002 DC Conference include: *Bay-Delta Authorization and Funding *Endangered Species Act *Clean Water Act- (Including Water Infrastructure Network) *Energy *Farm Bill- Water Quality Funding *Safe Drinking Water Act implementation *Federal Projects We encourage you to submit other topics/issues you feel need to be covered during the Conference. I suggest that the following topics/issues be part of the 2002 ACWA DC Conference program: Please return immediately to: ACWA - DC Conference 400 N. Capitol Street, Suite 357 South Washington, DC 20001 Fax: (202) 434-4763 Name: Agency: AGENDA 2002 ACWA WASHINGTON CONFERENCE Washington Court Hotel 525 New Jersey Ave., N.W. Washington, D.C. (202) 628-2100 February 10 - 13, 2002 Sunday, February 10 3:00 p.m. - 5:00 p.m. Afternoon function for group leaders and Issue Groups -- (By Invitation Only) 6:00 p.m. - 8:00 p.m. Opening Reception (Conference attendees and spouses are invited. Others by invitation only) Monday, February 11 8:00 a.m. - 9:00 a.m. Continental Breakfast Washington Court Hotel 9:00 a.m. - 11:30 a.m. Welcome by Bette Boatmun & Steve Hall Introduction by David Reynolds Issue Briefings by ACWA member representatives and Hill staff Washington Court Hotel 12:00 p.m. - 1:30 p.m. Lunch - Washington Court Hotel 2:00 p.m, - 4:00 p.m. Senate/Administration Appointments Senate Speech Program Tuesday, February 12 8;00 a,m, - 9:00 a,m, Continental Breakfast Washington Court Hotel 9:00 a.m. - 11:30 a.m. House of Representatives Issue-Group Meetings Administration Speech Program Washington Court Hotel 11:45 p.m. - 1:30 p.m. Lunch -National Democratic Club 1:45 p.m. Group Photo Capitol Steps, East Side 2:15 p.m. - 5:00 p.m. House Issue-Group Meetings Continued House Speech Program 6:15 p.m. - 8:15 p.m. ACWA Congressional Reception Wednesday, February 13 8:30 a.m. - 9:30 a.m. Full Breakfast Washington Court Hotel 10:00 a.m. - Personal appointments with House and Senate members. ACWA DC CONFERENCE HOTEL RESERVATION GUIDE You will be responsible for making your own hotel reservations at the Washington Court Hotel. There are 65 rooms in the ACWA block, which will be reserved on a first-come, first-served basis. You should not make a hotel reservation before you are registered with ACWA for the DC Conference. To Make a Reservation: CALL the Washington Court Hotel Reservations Department at: 1-800-321-3010. TELL them that you would like to make a reservation from the block of rooms being held for the Association of California Water Agencies and your arrival and departure dates (the conference dates are February 10-13). ROOM RATE: $200 per night for a Single or Double Room (In the District of Columbia there is a 14.5% sales tax and $1.50/night occupancy tax on each room). HOTEL ADDRESS: Washington Court Hotel 525 New Jersey Ave., N.W. Washington, D.C. 20001 Phone: (202) 628-2100 Fax: (202) 879-7918 Hotel reservations must be made by January 10~ 2002. Thereafter, reservations will be taken on a space and rate availability basis. Any changes to the departure date after check-in will result in a $25.00 early departure fee.