HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 06/24/2003 DRAFT SUBJECT TO APPROVAL
EAST VALLEY WATER DISTRICT JUNE 10, 2003
REGULAR BOARD MEETING
MINUTES
The meeting was called to order at 2:05 p.m. by President Goodin. Director Sturgeon led
the flag salute.
PRESENT: Directors Lightfoot, Sturgeon, Wilson, Goodin
ABSENT: Director Negrete
STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer;
Brian Tompkins, Chief Financial Officer; Mary Wallace,
Adm'mistrative Assistant
LEGAL COUNSEL: Steve Kennedy
GUEST(s): Jo McAndrews, Bill McKeever (Mckeever Eng/neering), Jim
Cimino (Cimino Realty), Stephen Wall (Sun Newspaper), Paul
Mordy, Sonya Scheffier & Rheba Hewitt (Item #12 San Manuel
Lease) + Maria Uziiye (Spanish Interpreter), L. Alvarado, Maria
Moraga, Julia Chavez, Virginia DeGroff, Laurie Gunn, Mildred
Brooks, Ralph Brooks, Ruth Denault, J. Haven, Alfred Swanson,
Onetio Conaway, Allen Blair, Angelica Espinoza, Luis Mondragon,
Honoria Diego, Jorge Aalazar, Andy Gurm, Rodolfo Menchaca,
Amaldo Crrassi, Irene Gomez, Angela Angeles, Fabiola Torres, Jose
& Martina Angeles, Victor Adias.
APPROVAL OF AGENDA
M/S/C (Wilsun-Lightfoot) that the June 10, 2003 Agenda be approved as
subm/tted.
PUBLIC PARTICIPATION
President Goodin declared the public participation section of the meeting open at 2:06
p.m. There being no written or verbal comments, the public participation section was
closed.
Minutes: 06/10/03
APPROVAL OF MAY 27, 2003 BOARD M]gETING MINUTES.
M/S/C (Sturgeon-Wilson) that the May 27, 2003 Board Meeting Minutes be
approved as submitted.
APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS.
The General Manager stated that the charges identified by Account Number: 1050037-02
had been paid and should be removed from the lien list.
M/S/C (Sturge-on-Wilson) that the liens for delinquent water and sewer accounts be
approved for processing with the exception as noted by the General Manager.
DISBURSEMENTS
M/S/C (Sturgeon-Wilson) that General Fund Disbursements #193371 through
193529 distributed during the period of May 22, 2003 through June 4, 2003 in the amount
of $855,043.10 and Payroll Fund Disbursements for the period ended June 6, 2003 in the
amount of $83,641.82 totaling $938,684.92 be approved.
PUBLIC M~EETING TO DISCUSS TIlE FORMATION OF TltE ARROYO
VERDE ASSESSMENT DISTRICT TO FUND THE REPAIR AND
REPLACEMENT OF THE WATER DISTRIBUTION SYSTEM WITHIN THE
SERVICE AREA OF TILE, ARROYO VERDE MUTUAL WATER COMPANY.
President Goodin declared the Public Meeting Section of the Board Meeting open at 2:10
p.m. Approximately 25 owners, or their designees, with'm the boundaries of the Arroyo
Verde MWC were present to pose questions to the District regarding the formation,
financial impact, procedures, etc. involved. An appointed "interpreter" was present to
help facilitate the meeting. Information only.
The Public Meeting Section of the Meeting was closed at 3:10 p.m. and President Goodin
declared a short break in the Meeting.
PRESIDENT GO ODIN RE-OPENED THE MEETING AT 3:18 P.M.
RADON RULE UPDATE
The General Manager reported that there was nothing new to report on the issue.
Information only.
DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSAL FOR THE
SAN 1VIAiNUEL BAND OF MISSION INDIANS TO LEASE TItE DISTRICT'S
PROPERTY ON HIGHLAND AVENUE FOR USE AS A pARKING LOT.
2 Minutes: 06/10/03
V
Neighboring homeowners, Paul fordy, Sonya Scheffier, Rheba Hewitt, attended the Board
Meeting to voice their objections to the proposed expansion plans of the San Manuel Band
and of the District's temporary lease of property on Highland Avenue for San Manuel's use as
a parking lot.
Staff was directed to secure more information on the use of the property and the
requkement for an Environmental Analysis before further action was taken on the lease of
the property on Highland Avenue. Information only.
DISCUSSION AND POSSIBLE ACTION REGARDING THE MODIFICATION
OF EVWD PERSONNEL RULES PERTAINING TO "WORKING OUT OF
CLASS".
The General Manager presented a memo to the Board recommending a change to Section
6.07, Paragraph A of the District's Personnel Rules wherein the word "consecutive" be
removed from the paragraph.
M/S/C (Lightfoot-Wilson) that the modification to the EVWD Personnel Rules be
approved with an effective date of June 10, 2003.
DISCUSSION AND POSSIBLE ACTION REGARDING A LISTING
AGREEMENT VqlTH CIMINO REALTY FOR 13.2 ACRES OF LAND AT FIFTH
STREET AND WEBSTER STREET IN THE CITY OF HIGHI~AND.
The General Manager requested that this item deferred until after "Closed Session".
DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST FROM SSC
CONSTRUCTION TO MODIFY THE RETENTION PROVISIONS FOR THE
WORK AT DISTRICT'S PLANT #37.
The General Manager recommended that SSC's retention for their work at District Plant
#37 be lowered from 7.5% to 5%.
M/S/C (Wilson-Lightfoot) that the retention for work done by SSC at District Plant
#37 be lowered from 7.5% to 5%.
DISCUSSION AND POSSIBLE ACTION REGARDING STOCK PURCHASE
AGREEMENT WITH MCNEAL, DUCKWORTH & MCNEAL TO ACQUIRE
SHARES OF STOCK IN CITY CREEK MUTUAL WATER COMPANY.
The General Manager recommended adoption of the agreement between EVWD and
McNeal, Duckworth & McNeal.
3 Minutes: 06/10/03
M/S/C (Lightfoot-Wilson) that the Stock Purchase Agreement to acquire shares of
stock in City Creek Mutual Water Company be approved.
REQUEST FROM GENERAL MANAGER TO "SELL BACK" VACATION
ttOURS was presented to the Board for approval.
NUS/C (Lightfoot-Sturgeon) that the request for the General Manager be approved.
DIRECTOR'S FEES AND EXPENSES FOR MAY 2003 was presented to the Board
for approval.
M/S/C (Wilson-Lightfoot) that the Director's fees and expenses for May 2003 be
approved.
RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS.
List of liens released on June 3, 2003 was reviewed. Information only.
GENERAL MANAGER'S REPORT
The General Manager reported on the District's operations to date. Information only.
ORAL COMMlgNTS FROM BOARD OF DlllECTORS
Director Sturgeon stated that he would be attending the AWWA 2003 Annual Conference
in Anaheim next week. Information only.
There being no further verbal or written comments from the Directors, this section of the
meeting was closed.
NOTE FROM MARGARET WRIGHT IN APPRECIATION FOR THE GET
WELL WISHES AND FLOWERS DLrRING HER RECOVERY. Information only.
ASBCSD MEMBERSHIP MEETING HOSTED BY WEST VALLEY WATER
DISTRICT, EL RANCHO VERDE ROYAL VISTA GOLF COURSE, RIALTO,
CA.., JUNE 16, 2003. Information only.
CLOSED SESSION
M/S/C (Lightfoot-Wilson) that the meeting adjourn to Closed Session.
The Board entered into Closed Session at 3:55 p.m. as provided for in the California Open
Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on the
Agenda.
4 Minutes: 06/10/03
ADJOURN TO REGULAR SESSION
President Goodin declared that thc mccting adjourn to regular session at 4:20 p.m. and
Agenda Rcm #8.
LISTING AGREEMENT WITH CIMINO REALTY FOR 13.2 ACRES OF LAND
AT FIFTH AND WEBSTER STREET was presented to the Board for approval.
The Board settled on a listing price of $3.5 million and a commission to broker (Jim
C~mino Realty, Inc.) of 10%.
M/S/C (Lightfoot-Wilson) that the Listing Agreement with Jim Cimino Realty be
approved with the recommended listing price and commission.
ADJOURN
The meeting was adjourned at 4:22 p.m. until the Pnblic Hearing on June 23, 2003.
Donald D. Goodin, President
Robert E. Martin, Secretary
5 Minutes: 06/10103
CERTIFICATE OF LIEN
JUNE 24,2003
ACCOUNT OWNERS PROPERTY AMOUNT
NUMBER NAME ADDRESS OWED
1. 0020200-03* $78.07
2, 0140120-00 $101.54
3. 0§10119-05' ~ $75.05
4. 0520008-06* $75.23
6. 0520232-01' $66.64
6. 0541490-02* $103.36
7. 0541762-03* $60.36
8. 1010036-05 $11.59
9. 1030061-10'~ $146.99
10. 1260309-01' $157.23
11. 1320176-01 $44.71
12. 1550638-07* $60.83
TOTAL ~ $ 981.60
* STILL OWNS PROPERTY
+ MULTIPLE UNITS
Page 1 of 1
DEVELOPMENT AGREEMENT
THIS AGREEMENT is made this day of ., __, by and between EAST
VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT"), and TRIMARK
PACIFIC EAST HIGHLANDS, LLC, a California Limited Liability Company
(hereinafter "the DEVELOPER").
RECITALS
A. The DISTRICT is a County Water District organized and operating pursuant to
California Water Code Section 30000 et seq.
B. The DEVELOPER proposes to subdivide and develop certain real property within
the boundaries of the DISTRICT which is located at Highland Avenue and Pleasant View Lane,
in the City of Highland, County of San Bemardino, State of California, and is generally
identified as Tract No. 15985-4 (hereinafter "the PROPERTY"). A copy of the Tentative Tract
Map for the PROPERTY is attached hereto as Exhibit "A" and is incorporated herein by this
reference.
C. The development of the PROPERTY will consist of 43 dwelling units, and the
DEVELOPER desires that the DISTRICT provide domestic water and sewer service to the
PROPERTY. The DEVELOPER intends to design and construct the facilities necessary for
water and sewer service to be furnished to the PROPERTY.
D. The DISTRICT supplies domestic water and sewer service within the area to be
served and is the public agency empowered by law to provide such services to the PROPERTY.
E. The purpose of this AGREEMENT is to provide the terms and conditions under
which the DEVELOPER will design and construct the facilities necessary for the DISTRICT to
supply water and sewer service to the PROPERTY (hereinafter "the PROJECT").
COVENANTS
NOW THEREFORE, in consideration of the preceding Recitals and the mutual
Covenants contained herein, the parties hereto agree as follows:
Section 1. DESIGN OF FACILITIES. The DEVELOPER agrees to design the water and
sewer facilities for the PROPERTY in the following manner and according to the Rules and
Regulations of the DISTRICT:
a. The DISTRICT agrees to provide to the DEVELOPER tentative
water and sewer plans which conform to the requirements of the DISTRICT.
b. The DEVELOPER agrees to design the water and sewer facilities
for the PROPERTY in accordance with the DISTRICT's Standards for Design and
Processing of Water and Sewer Plans and the tentative plans provided by the
DISTRICT. The designs shall be submitted to the DISTRICT in a complete form
which shall provide sufficient information for review and approval by the
DISTRICT in the exercise of its sole discretion.
c. The DISTRICT may request certain changes in the plans to
provide for oversizing of facilities, which DEVELOPER agrees to incorporate into
the plans and specifications for the PROPERTY.
d. The DEVELOPER shall furnish the DISTRICT with any and all
easements necessary for the construction, operation, maintenance, and repair of any
and all water and/or sewer facilities to be installed and/or used for the PROJECT.
All easements shall be submitted to the DISTRICT for review and approval by the
DISTRICT in the exercise of its sole discretion prior to the DISTRICT's acceptance
of any dedication of the PROJECT facilities under Section 6 of this
AGREEMENT.
e. The DEVELOPER shall submit all plans, drawings, specifications,
and contract documents, for all work to be performed pursuant to this
AGREEMENT, to the DISTRICT for review and approval, if acceptable to the
DISTRICT. The DISTRICT agrees to review all such documents in a timely
manner and, upon inclusion of all changes thereto requested by the DISTRICT in a
manner satisfactory to the DISTRICT, the DISTRICT~ will provide the
2
DEVELOPER with authorization to proceed. The DEVELOPER shall not proceed
with the consh'uction of the PROJECT and any other water or sewer facilities for
use on the PROPERTY until the DISTRICT so authorizes.
Section 2. CONSTRUCTION OF FACILITIES. The DEVELOPER agrees to construct the
PROJECT and all other water and sewer facilities necessary for the PROPERTY in the following
manner subject to the DISTRICT's approval:
a. The DEVELOPER shall obtain all necessary permits from the (city
or count~) and all other public or private agencies required for the construction
thereof. The PROJECT and the facilities appurtenant thereto shall be constructed
at a location determined by the DISTRICT, and shall be relocated by the
DISTRICT at the DEVELOPER's sole expense if such relocation is deemed
necessary by the DISTRICT in its sole discretion. The DEVELOPER hereby
grants the DISTRICT full access to the PROPERTY and all other locations where
the work contemplated herein is to be performed.
b. All facilities constructed pursuant to this AGREEMENT shall be
in accordance with accepted standards and practices in the industry and in
compliance with all local, state, and federal laws, rules, and regulations. The
DEVELOPER shall be responsible for providing all labor, materials, and
equipment necessary to perform the work for the PROJECT, and such work shall
be performed in a timely and workmanlike manner by a party or entity acceptable
to the DISTRICT. All such facilities shall conform to the DISTRICTs Standard
Specifications for the Furnishing of Materials and the Construction of Water and
Sewer Pipelines. All costs and liabilities in connection with the design and
construction of the PROJECT shall be borne solely by the DEVELOPER.
c. The DISTRICT shall inspect and approve all work to be performed
under this AGREEMENT. However, any approval by the DISTRICT of such
work, or of the designs, specifications, reports, and/or materials furnished
3
hereunder, is understood to be conceptual approval only and will not operate to
relieve the DEVELOPER or its contractors, consultants, or subcontractors of
responsibility for complying with all laws, codes, industry standards, and liability
for damages caused by negligent acts, errors, omissions, noncompliance with
industry standards, or their own willful misconduct. Further, neither the
DISTRICT's review, approval, or acceptance of any of the work or services
performed in connection with this AGREEMENT shall be construed as a waiver of
any rights hereunder or of any defense or cause of action which the DISTRICT
may have arising out of the performance of this AGREEMENT or any previous or
subsequent agreements. The DEVELOPER shall cause the facilities constructed
under this AGREEMENT to be inspected as required by any and all other public or
private agencies.
Section 3. DEVELOPER'S COSTS. In addition to all other obligations imposed upon the
DEVELOPER under this AGREEMENT, the DEVELOPER shall be responsible for the payment
of all of the following:
a. The DEVELOPER shall pay to the DISTRICT all, or any portion,
of the connection fees for the PROPERTY at the time of application for water and
sewer service therefor. The DISTRICT will provide water and sewer service only
to those specific subdivision lots within the PROPERTY for which payment in full
has been made to the DISTRICT.
b. The DEVELOPER shall be solely responsible for the payment of
all costs, fees, and expenses associated with the construction, inspection, operation,
maintenance, repair, and relocation of the PROJECT, including ali costs, fees, and
expenses incurred for the environmental analysis, engineering, and design of the
PROJECT.
c. The DEVELOPER shall comply with all roles, regulations,
resolutions, and ordinances of the DISTRICT that are currently in place or may
4
hereafter be adopted, and shall pay when due any and all fees, deposits, charges,
rates, fines, penalties, taxes, and/or assessments that may be levied by the
DISTRICT.
d. The DEVELOPER hereby consents, and waives any objection, to
the exercise of any and all collection remedies that are available to the DISTRICT
under the law upon the PROPERTY and/or the person and/or property of
DEVELOPER and its shareholders and partners.
Section 4. SECURITY.
a. The DEVELOPER shall provide performance, completion, and/or
payment bonds for the PROJECT in the m'mimum amount of not less than I00
percent of the estimated construction costs containing covenants which are
acceptable to the DISTRICT and the City of Highland.
b. The DEVELOPER shall provide a maintenance bond for the
PROJECT in the amount of 100 pement of the construction cost, which shall
contain covenants which are satisfactory to the DISTRICT. Such bond shall
remain in force for at least twelve (12) months from the date of acceptance by the
DISTRICT of the dedication of said facilities.
c. The DEVELOPER shall also procure and maintain duting the
performance of this AGREEMENT such policies of insurance, bonds from an
acceptable surety, cash deposits, escrow accounts, letters of credit, and other forms
of security, in amounts and upon terms deemed sufficient by the DISTRICT in its
sole discretion to protect the DISTRICT from any and all exposure to loss and/or
liability.
Section 5. COSTS FOR OVERSIZING. Pursuant to Section 1.c. of this AGREEMENT, the
DISTRICT agrees to pay to the DEVELOPER the incremental cost of oversizing any PROJECT
facilities greater than twelve inches (12") in diameter for water distribution pipelines and ten
' ~, inches (10") in diameter for sewage collection pipes. The DISTRICT shall determine the amount
of the incremental cost of oversizing and the method of payment in the exercise of its sole
discretion prior to its acceptance of the PROJECT facilities.
Section 6. DEDICATION OF FACILITIES.
a. The DEVELOPER shall, upon completion of the construction of
all facilities to be installed hereunder to the satisfaction of the DISTRICT, dedicate
said facilities to the DISTRICT by a deed of dedication or such other instnunent as
the DISTRICT may prescribe, and the DISTRICT agrees to accept the dedication
thereof by formal action of its Board of Directors. Thereafter, such dedicated
facilities shall become and be operated and maintained by the DISTRICT as part of
the DISTRICT's water and sewer system. The DISTRICT shall not accept
dedication of said water or sewer facilities until all connection fees have been paid
unless otherwise allowed under Section 3.a. herein.
b. The DEVELOPER hereby grants the DISTRICT full access to the
PROPERTY for the purpose of installing, operating, inspecting, maintaining, and
repairing all meters, valves, and other appurtenances necessary for the DISTRICT
to record, regulate, and control the amount of water pumped therefrom.
Section 7. SERVICE RESTRICTIONS. Any obligation on the part of the DISTRICT to
supply water to the PROPERTY pursuant to the terms of this AGREEMENT shall be excused in
the event that the performance thereof is interrupted for any of the following reasons: riots,
wars, sabotage, civil disturbances, insurrection, explosion, court order, natural disasters such as
floods, earthquakes, landslides, and fires, and other labor disturbances and other catastrophic
events which are beyond the reasonable control of the DISTRICT. Notwithstanding any other
provision to the contrary, the DISTRICT may suspend or refuse water service to the PROPERTY
if the DEVELOPER is in breach, default, or violation of this AGREEMENT or any role,
regulation, resolution, and/or ordinance of the DISTRICT that is currently in place or may
hereafter be adopted, or if such service would adversely affect the health, safety, or welfare of
6
the DISTRICT's customers, or for any other reason deemed paramount by the DISTRICT in its
sole discretion.
Section 8. NO REPRESENTATIONS, WARRANTIES, OR CLAIM OF WATER
RIGHTS. The DISTRICT makes no express or implied representations or warranties concerning
the quality, pressure, or temperature of any water delivered pursuant to the terms of this
AGREEMENT, or the manner in which the water is provided, or its fitness for any particular
purpose, and the DISTRICT shall not be held liable for any losses incurred or damages sustained
as a direct or indirect result thereof, nor shall the DISTRICT be held liable for any losses
incurred or damages sustained after the water furnished hereunder is transferred to the PROJECT
facilities. Any water conveyed by the DISTRICT under this AGREEMENT shall not serve as
the basis of, or otherwise support, any water rights claim that may be asserted by the
DEVELOPER.
Section 9. LIABILITY FOR DAMAGES. The DISTRICT shall not be held liable or
responsible for any debts or claims that may arise from the operation of this AGREEMENT, or
for any damage claims for injury to persons, including the DEVELOPER and/or its officers,
directors, shareholders, guests, invitees, trespassers, agents, contractors, consultants, and
employees, or for property damage, from any cause arising out of or in any way related to the
PROPERTY, the PROJECT, and/or the DEVELOPER's obligations hereunder.
Section 10. RELEASE. The DEVELOPER hereby expressly waives and releases the
DISTRICT and its agents, officers, directors, and employees from any and all liability for the
claims, actions, and/or losses set forth in Section 9 above and for any costs and expenses
incurred in connection therewith. The DEVELOPER, notwithstanding the provisions of
California Civil Code § 1542, which provides as follows:
"A general release does not extend to claims which
the creditor did not know or suspect to exist in his or her favor at the
time of the executed release which if known by him or her must have
materially affected his or her settlement with the debtor."
7
expressly waives and relinquishes all rights and benefits afforded to the DEVELOPER
thereunder and under any and all similar laws of any state or territory of the United States with
respect to the claims, actions, and/or losses referenced above. This AGREEMENT shall act as a
release of any claims that may arise from the aforementioned whether such claims are currently
known or unknown. The DEVELOPER understands and acknowledges the significance and
consequences such specific waiver of Civil Code § 1542 and hereby assumes full responsibility
for any injuries, damages, losses, or liability that may result from the claims identified above.
This AGREEMENT shall also act as a release of any claims, actions, and/or losses set forth in
Section 9 above, that may arise in the future whether such claims are currently foreseen or
unforeseen.
Section 11. HOLD HARMLESS. Excepting the sole or active negligence or willful
misconduct of the DISTRICT, the DEVELOPER shall indemnify and hold the DISTRICT and
its officers, directors, agents, and employees harmless from and against all claims and liabilities
of any kind arising out of, in connection with, or resulting from, any and all acts or omissions on
the part of the DEVELOPER and/or its officers, directors, shareholders, partners, assignees,
guests, invitees, trespassers, agents, contractors, consultants, and employees in connection with
the PROPERTY, the PROJECT, and the performance of their obligations under this
AGREEMENT, including design defects, even if occurring after the completion of the
PROJECT, and defend the DISTRICT and its officers, directors, agents, and employees from any
suits or actions at law or in equity for damages, and pay all court costs and counsel fees in
connection therewith. In addition, the DEVELOPER agrees to defend, indemnify, and hold the
DISTRICT harmless from and against all claims, losses, liabilities, damages, demands, actions,
judgments, causes of action, assessments, penalties, costs, expenses (including, without
limitation, the reasonable fees and disbursements of legal counsel, expert witnesses, and
accmmtants), and all foreseeable and unforeseeable consequential damages which might arise or
be asserted against the DISTRICT and/or the DEVELOPER with regard to the PROPERTY
and/or the PROJECT which are alleged and/or determined to be tortious, and/or in violation of
present and future federal, state, and local laws (whether under common law, statute, rule,
regulation, or otherwise), including, but not limited to, the California Environmental Quality Act,
Public Resoumes Code Section 21000 et seq., and the Guidelines adopted thereunder, California
Code of Regulations Section 15000 et seq., all as the same may be amended from time to time.
Section 12. NOTICES. Any notice, tender, or delivery to be given hereunder by either
party to the other shall be effected by personal delivery in writing or by registered or certified
mail, postage prepaid, 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 Bemardino, CA 92413
Atto: General Manager
If to the DEVELOPER: Trimark Pacific Homes
3400 Central Avenue, Suite 335
Riverside, CA 92506
Atm: Laurence Trevino
Section 13. DISPUTES. Any dispute or controversy arising out of, under, or in connection
with, or in relation to this AGREEMENT, and any amendments thereto, or the breach thereof,
which is not resolved informally by prior mutual agreement of the parties hereto, shall be
submitted to arbitration in accordance with the California Arbitration Act, Sections 1280 through
1294.2 of the Code of Civil Procedure. The cost of such arbitration shall be paid by the parties
equally; however, the prevailing party in the arbitration shall be entitled to reimbursement of its
attorneys fees and other costs incurred in connection therewith.
Section 14. ATTORNEYS FEES. If a dispute arises which cannot be resolved by
arbitration, regarding the breach or enforcement of the provisions of this AGREEMENT, the
prevailing party therein shall be entitled to recover all attorneys fees and other costs actually
incurred in connection with reaching a resolution of the dispute whether or not an action, claim,
or lawsuit is filed. In any action brought, the entitlement to recover attorneys fees and costs will
be considered an element of costs and not of damages.
Section 15. INUREMENT. This AGREEMENT and all provisions hereof shall be jointly
and severally bind!ng upon, and inure to the benefit of, the parties hereto, their respective heirs,
successors, legal representatives, and assigns, and each of the shareholders and partners of the
DEVELOPER in their individuaI, separate, and/or other capacities.
Section 16. ASSIGNMENT. This AGREEMENT may not be assigned to any individual or
entity without the written consent of the parties hereto.
Section 17. INTEGRATION AND AMENDMENT. This AGREEMENT constitutes the
ent'tre understanding of the pa~ies hereto with respect to the subject matter hereof and supersedes
any and all prior agreements, whether oral or written, between the parties in connection
therewith. This AGREEMENT may not be amended unless in writing and signed by the parties
hereto.
Section 18. CAPTIONS. The captions of sections and subsections of this AGREEMENT
are for reference only and are not to be construed in any way as a part of this AGREEMENT.
Section 19. INTERPRETATION AND ENFORCEMENT. This AGREEMENT shall not
be construed against the party preparing it, but shall be construed as if both parties jointly
prepared this AGREEMENT and any uncertainty or ambiguity contained herein shall not be
interpreted against any one party. Failure by either party to enforce any provision of this
AGREEMENT, or any waiver thereof by such party, shall not constitute a waiver of said party's
right to enforce subsequent violations of the same or any other terms or conditions herein. This
AGREEMENT shall be enforced and governed by and under the laws of the State of Califomia,
and venue for any action brought to interpret and/or enforce any provision of this AGREEMENT
shall be in a state or federal court located in the State of California that would generally have in
rem jurisdiction over the PROPERTY.
10
Section 20. SEVERABILITY. If any portion of this AGREEMENT is declared by a court
of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of this
AGREEMENT shall continue in full force and effect.
Section 21. TIME OF THE ESSENCE. Time is of the essence in this AGREEMENT, and
the parties hereto agree to proceed in good faith~ with due diligence, to complete all covenants
and conditions set forth herein and to perform such further acts as is reasonably necessary to
effectuate the purpose of this AGREEMENT.
Section 22. AUTHORITY. Each individual executing this AGREEMENT on behalf of a
party hereto represents and warrants that he or she is fully and duly authorized and empowered to
so execute on behalf of such party, and that this AGREEMENT is binding in the manner set forth
in Section 15 hereof.
11
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed by their respective officers as of the date first above written.
DISTRICT
By:
East Valley Water District
President, Board of Directors
ATTEST:
Secretary, Board of Directors, Robert E. Martin
Trimark Pacific - East Highlands LLC, a California Limited Liability Co.
By: TPH, LLC, a California Limited Liability Company, Manager Member
By: Trimark Ventures, Inc., a California Corporation, Its Member
Stephen E. Hester~ice President
ATTEST:
Notary Public
12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
0 ¥'/X- v- ..cX t ss.
County
of
D.~ before me, '
personally appeared '~-~4 ~ ~~v ~'
~ ~ J'~ ~ ~ ~ ~ D prowd to m~ on tho Basis of ~atisfacto~
~ ~ ~ ~m~n ~ 14124~
to be the person~__ whose name~)
.......... ~,~ ~ subscribed to the within instrument end
acknowledged to me that he/s~executed
the same in his~ authorized
capacity~, and that by his/~
signature~)'bn the instrument the person~, or
the entity upon behalf of which the person~)
acted, executed the instrument.
WIT~ my hand and offi~
OPTIONAL
~ough ~e info~afion below is not r~uired by law, it may Prove valuable to persons ruling on the document and ~uld prevent
fraudulent mmoval and rea~achment of this form to another document.
Description of Attached Document
~tle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les} Claimed by Signer
Signer's Name:
~ Individual Top o[ ~umb hero
D Corporate Officer--~tle(s):
Q Padner-- ~ Limited ~ General
~ A~orney-in-Fact
~ Trustee
Q Guardian or Conse~ator
Q Other:
Signer Is Representing:
EXIR3[BIT "A"
[Tentative Tract Map for the PROPERTY]
13
VICINITY
East Valley Water District
Balance Sheet - Unaudited
May 31, 2003
ASSETS
UTILITY PLANT- at cost:
Utility plant in service - water department $70,217,290
Utility plant in service - sewer department 20,413,310
90,630,600
Less: Accumulated depreciation (29,587,549)
61,043,051
Construction in progress . 12,286,223
73,329,274
RESTRICTED ASSETS:
Water department - bond funds - cash in bank 6,475
Certificate of Participation reserved funds - cash in bank 1,650,103
Reserved funds - designations - cash in bank 2,186,450
3,843,028
CURRENT ASSETS:
Cash and Investments 11,743,839
Less: Restricted Cash and investments 3,843,028
7,900,811
Accounts receivable (net of allowance) 888,237
Other receivables (net of allowance) 51,747
Inventory 761,901
Prepaid expenses 2,386,444
11~989,140
OTHER ASSETS AND DEFERRED COSTS (Net of Arnortization):
Bond discount and incidental bond expenses 25,319
Deferred financing charges 407,514
432~833
TOTAL ASSETS $89,594,275
East Valley Water District
Balance Sheet - Unaudited
May 31, 2003
LIABILITIES AND EQUITY
LONG-TERM DEBT:
Certificates of Participation due after one year $131766,626
Less: Deferred amount on refunding of COPs (720,927)
13,045~699
CURRENT LIABILITIES:
Accounts Payable 1,542,171
Accrued payroll and benefits 393,456
Customer service deposits 1,139,328
Deferred Rental Income 2,500
Accrued interest payable 6,475
Deposits - refundable 287,260
Certificates of Participation due within one year 1,726,266
5,097,456
TOTAL LIABILITIES 18,143,155
EQUITY:
Contributed capital:
Invested in utility plant 25,551,131
Other contributed capital 3,695,064
Retained earnings:
Reserved for water bond funds 6,475
Reserved for emergencies 2,170,000
Reserved for unemployment insurance 16,450
Unreserved 37,794,186
Net Income for current year 2~217,814
TOTAL EQUITY 71,451,120
TOTAL LIABILITIES AND EQUITY $89,,594,275
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East Valley Water District
Board Memorandum Date: JUNE 24, 2003
From: Brian W. Tompkins / Chief Finan~cer
Subject: Disbursements.
Recommendation:
Approve the attached list of accounts payable checks and
payroll issued during the period June 11, 2003 through
June 18, 2003,
Background:
Accounts payable checks are shown on the attached listing and include numbers 193530 to 193704 for
A total of $623,292.93
The source of funds for this amount is as follows:
COP Construction Funds $246,150,59
EPA Grant Funds
Unrestricted Funds $377,142,34
Payroll disbursed was for the period ended June 20, 2003 and included checks and direct deposits,
Totaling $89,986.45.
Fiscal Impact:
Total disbursements- $713,279.38.
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Board Memorandum Date: August 13, 2002
From: Brian Tompkins, CFO
Subject: District Uniform Contract.
Recommendation: Consider change in style of
uniforms
Background:
The current uniform contract with Aramark expires on July 31, 2003.
In anticipation of this date, the field staff has approached management and requested that a change in
uniform style be considered. Currently, the field staff wears industrial uniforms. These are blue cotton
pants with long sleeve, button-down shirts - white for Product[on staff, and orange for the other field
employees.
The style being proposed is a flex pant (jeans) with polo shirts - gray for Production and navy for the
others. Some of the issues that should be considered related to the new style are:
1) Polo shirts have short sleeves. Any employees worried about additional sun exposure
would need to wear a long sleeve T-shirt, use sun screen, etc.
2) The colors requested are not safety colors. Employees would need to wear their safety
vests in order to achieve the same visibility (while working in traffic) they get from their
current shirts.
3) The replacement charge is about twice that of the industrial style uniforms; pants - $32
versus $16, shirts - $19 versus $13. This charge would only be applied when a garment is
destroyed by circumstances beyond normal wear and tear. Examples would be large rips,
paint spills, etc.
4) The weekly rental rate would be $5.50 per employee, per week, versus the $4.93 we
currently pay. This results in approximately an $1,800 annual increase in our uniform
expense.
Two companies - Aramark and AmeriPride - were asked to give us price quotes for a 3 year contract.
Each has offered to match the others offer, so service is really the deciding factor, and employees who
have been dealing with Aramark have expressed a desire to make a switch.
Fiscal Impact: Increase in expenditures for uniform rental of about $1,800 annually for 3 years.
Committee to Elect Greg Zlotnick ACWA Vice-President 2oo4-2oo5
Tib Baiza
Y.baCo..~wA June 4, 2003
s~.,o~,~,,~w^ Dear Fellow Califomia Water Leader:
We are writing to urge you to join us in supporting Greg Zlotnick's candidacy for
ACWA Vice-President.
c.~.,.~.~,~., You may have already received a letter from Greg, laying out his qualifications
"°""°"~'~"~'~'~'~' and his long history of involvement in California water policy. We enclose his
~,~ resume just in case you didn't see it before. His experience is impressive and
~ou~.~.~ his leadership abilities are reflected in the positions he has held.
W~.~.~.~.n More important to us though, are not the words on the page, but rather the
~'"'~'~"""~' person they represent. We believe that Greg is the kind of leader the water
jo.~.~.~,, community- agricultural and urban, inland and coastal- needs during this
s~.,~..~.^ cdtical time of responding to regulatory challenges, the development of major
~.o.g legislative bonds, and the issues surrounding the relationship of water to
s..,u.w~ growth. We know that Greg can help make ACWA more effective, credible and
~ ~. visible in all of these arenas.
To.L.w AS a Director at the Santa Clara Valley Water District, Greg has been involved
~o..~,.v~,w~ with a tremendous vadety of issues, including water supply, water quality and
Dale Mason water treatment; water banking; the Endangered Species Act; flood
w,~,~o management; watershed stewardship; TMDLs; agricultural issues; groundwater
~.,~.,,., management and conjunctive use; and operation of both the State Water
"~"~°'~"~""~ Project and the federal Central Valley Project. In our view, Greg is one of the
Bob Neufeld
D~rector most qualified and experienced people to ever seek to lead ACWA.
~..,.,~,~.~ In addition to his vast and varied experience, Greg brings a temperament and
~,~, governance philosophy that will serve us all well in ACWA. He is committed to
~,~, listening, understanding and trying to find common ground, He is not shy about
C~.~...,k. asking tough questions, however. Exemplifying this commitment is Greg's
~'~ attendance at and participation in so many forums and meetings throughout the
RandyPool, state since he took office at Santa Clara - whether sponsored by ACWA or
~"~"~"~ others - as well as visiting numerous agencies from Humboldt Bay to the
Bernie Ehinerso~Imperial Valley.
Je.nSago.spe AS agricultural, rural, inter-mountain and urban agency leaders representing
~.~,~,,~,~, every ACWA Region ourselves, we strongly believe that our interests and
RodgerSiems those of every ACWA member will be best served by electing Greg as Vice-
~,~.~r~ President. We need to move beyond the corrosive perspective within ACWA
~m,,~w~. that perpetuates an "ag versus urban" mentality. Additionally, "tradition" that a
~..c~,~_.~c~,,~o~,~particular sector representative must be. elected at particular times within
~...wi.~,~ ACWA's structure puts form over function - to our collective detriment.
CalifomiaWaterLeader
June 4, 2003
v Page 2
ACWA leadership should be about bringing us together as a more effective whole. Greg's
track record illustrates his commitment to and success in building relationships and
seeking to reconcile interests in a manner that finds common ground. With respect to his
being on the Board of an "urban" agency and thus disqualified from representing
agricultural interests: we say bunk. Those of us in the Sacramento and San Joaquin ·
Valleys who have worked with Greg know that he is a strong believer in maintaining a
robust agricultural economy, protecting water dghts, and seeking to grow the water supply
pie for all of Califomia.
Greg's breadth of experience and knowledge, and his understanding that ACWA must
strive to become more cohesive in its outlook and policies, make him our choice for Vice-
President, and the right choice for ensuring that ACWA is an association where the whole
truly is stronger than the sum of its parts. We hope you will join us in supporting Greg.
If you have any questions or comments, please do not hesitate to contact any of us or
Greg directly at (650) 625-8954 or GAZatSCVWD~,aol.com.
Sincerely,
Maw Wells Jack Foley Jean Sagouspe
Director General Manager President
Tehama-Colusa Moulton Niguel Water; San Luis
Canal Authority Immediate Past Chairman, Water District
Metropolitan Water District
of Southern California
on behalf of the Committee to Elect Greg Zlotnick ACWA Vice President 2004-2005
MW/JF/JS/ms
Enclosure
Inland Empire 66ers [/J
Baseball Club of San Bernardino, Inc. '//
280 South "E" Street · Sen Bernardino, California 924(~1/
Phone 909-888-9922 · Fax 909-888-5251 I /
wvvw. IE66ers.com ~/
San Bernardino Area
Chamber of Commerce
After Hours Business &
vs.~~ Baseball
Game Time 7:05 PM Thursday, June 26th
Event Begins at
5:00 PM
We invite you to stay and watch your
66ers take on the Lancaster JetHawks
$5 at the door
Hors d'oeurves
Beverages
I~offles
Guest Speakors
RSVP at the San Bemardino
Area Chamber 885-7515
' ' JOSEPH ANDREW' ROWE
.',, WATER RESOURCES
'"- ' Pleasc foi~ thc Rowe
~ For F~dffdcs ~ ~e
~' Tuesda~ JMy I~ ~03
~ ~ ~ ~o~a 8~te UMv~ Phau
55~ U~vc~i~ P~ ~
~LY~PLYBYJ~Yd~
P~a Rowe Wa~ 9~2-~36
~781-8~8 or
A sociaUon or the
San Bemardino County Special Districts
t Big Bear Municipal Water District and Bi!i~ear City Community Services District
are co-hosting the July memberships:, at the 'l~llle ~e
~The social hour will begin at 6 I order at 6:45 p.m. A sit-down
dinner will be served.
~ppetzizer.s: ~'resh fruit: anti salmon, pa~e. ham ~auLad~ and
pinwhe~b,
b '
RSVP to Donn:[ 'Horn b~',lU'n'e 8,'2003
Telephon~:' 909-585r2565 Fax: .585-0025
Attendees: ~rEn~ee:
~M~ER: ~ere is a $2 surcharge per person for rese~afio~ made after the deadl~e date and co~ng to ~e diner
meeting wi~out having ~de rese~ations. You MI1 also be billed for ~e diner if cancellation is not received P~OR to
· e deadline date.
~l~lte Blue I/lrlallle 1LIiJ~eeilte lteeta~t
~ 350 Alden Road
~ BigBe~L~e, CA92315
1-10 to CA-30 west to Highl~d (CA-330). ~-330 no~h tow~ds MTN Reso~s. CA-
330 becomes CA-18 towed Big Be~ L~eir~ross over ~e Dm on CA-18 (Which
Big. Be~ Blvd ) to ~den Road (appro~a}¢~fi0~s~,,~ ~, y~ds. east of the ~ickerbocker
mgn~). Left on Alden Road to ~e Blue ~e~esxde Restaurant.
. ,.,~ [ ~ '.Sk.
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