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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 07/13/2004Iy,vL*D East Valley Water District 1155 DEL ROSA AVENUE, SAN BERNARDINO, CA REGULAR BOARD MEETING July 13, 2004 2:00 P.M. AGENDA ----------------------------------------------------------------------------- "In order to comply with legal requirements for posting of agenda, only those items filed with the District Secretary by 10:00 a.m. on Wednesday prior to the following Tuesday meeting not requiring departmental investigation, will be considered by the Board of Directors". ----------------------------------------------------------------------------- CALL TO ORDER PLEDGE OF ALLEGIANCE Approval of Agenda 2. Public Comments CONSENT CALENDAR 3. Approval of Board Meeting Minutes for June 22, 2004. 4. Approval of Special Meeting Minutes (Public Hearing) for June 29, 2004. 5. Resolution 2004.16 — Accept Conveyance of Pipeline Easement form Dominick's Supermarkets, Inc. 6. Resolution 2004.17 — Accept Conveyance of Pipeline Easement from Haagen Company, LLC. 7. Approval of Development Agreement between East Valley Water District and Jack R. Widmeyer to provide water and sewer service to two (2) individual parcels and a remainder lot located at the North end of Holly Circle Drive in the City of San Bernardino. 8. Approval of Liens for Delinquent Water and Sewer Accounts. 9. Accounts Payable Disbursements: Accounts Payable Checks 9197798 through #198029 were distributed June 23, 2004 through July 7, 2004 in the amount of $1,011,412.92. Payroll Checks for period ended June 25, 2004 and included checks and direct deposits in the amount of $88,778.30. Total Disbursements for the period were $1,100,191.22, OLD BUSINESS *rI 10. Resolution 2004.18 — Authorize Execution and Delivery of Installment Sale Agreement in connection with the Acquisition and construction of an Administrative Facility and Upgrades to the Transmission/Distribution System. 11. Radon Rule/Perchlorate Rule Update (General Manager). NW 12. Headquarters Project Review and Update (General Manager). 13. Review of Board Policy on Directors' Reimbursement of Fees and Expenses. NEW BUSINESS 14. Directors' fees and expenses for June 2004. 15. Resolution 2004.14 — Recognition of Peter David Hernandez's Twenty -Five Years of Service. 16. Discussion and Possible Action regarding claim for damages at from Ronald Lyons. 17. Ballot for the Special District's election for Regular LAFCO Member. Discussion and Possible Action. REPORTS 18. July 6, 2004 — Releases of Lien for Delinquent Water and Sewer Accounts 19. Water Quality Conference Budget Update (CFO) 20. Hazardous Mitigation Update (Gary Sturdivan) 21. General Manager's Report 22. Oral Comments from Board of Directors 23. Appreciation letter to the District from Cal State San Bernardino for the Jim Roddy Scholarship Endowment in support of the University's educational mission. 24. Memorandum from Stephen Hall, ACWA Executive Director, regarding Governor Schwarzenegger's proposed state government restructuring. 25. ASBCSD Membership Meeting Hosted by East Valley Water District, The Castaway Restaurant, 670 Kendall Drive, San Bernardino, July 19, 2004. 26. Highland Senior Center's "Annual Volunteer Recognition Luncheon", B.P.O. Elks Lodge, 2055 Elks Drive, San Bernardino, July 23, 2004. %00,27, CITY OF HIGHLAND, Aurantia Park Dedication Ceremony, 29700 Greenspot Rd., July 24, 2004. 2 28. San Bernardino Area Chamber of Commerce "Legislative Breakfast", Castaway Restaurant, 670 Kendall Drive, San Bernardino, August 20, 2004. `WO 29. CSDA 2004 ANNUAL CONFERENCE, Renaissance Esmeralda Resort and Spa, Indian Wells, CA., September 27-30, 2004. 30. ASDWA NINETEENTH ANNUAL CONFERENCE, Hyatt Regency on Town Lake, Austin TX, October 3-7, 2004. CLOSED SESSION 31. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government Code Section 54656.9(a)] Name of Case: In the Matter of Petitions to Revise Declaration of Fully Appropriated Streams to Allow Processing of Specified Applications to Appropriate Water from the Santa Ana River, State Water Resources Control Board Application Nos. 31174 and A031165. 32. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(b): One Potential Case err+ 33. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Government Code Section 54956.8] Property: 7920 Webster / (12.2 Acre Site) APN: 1201-361-01, 02, 03 Party with whom District will negotiate: Mission Development Company Party who will be negotiating on behalf of the District: Jim Cimino / Robert Martin Under Negotiation: Price and Terms of Payment ANNOUNCEMENT OF CLOSED SESSION ACTIONS ADJOURN ----------------------------------------------------------------------------- Pursuant to Government Code Section 54954.2(a), any request for a disability -related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above- agendized public meeting should be directed to the District's Administrative Assistant at (909) 885-4900 at least 24 hours prior to said meeting. ----------------------------------------------------------------------------- c 11wr `II DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT June 22, 2004 REGULAR BOARD MEETING MINUTES The meeting was called to order at 2:00 p.m. by President Wilson. Director Lightfoot led the flag salute. PRESENT: Directors Lightfoot, Sturgeon, Goodin, and Wilson ABSENT: Director Negrete STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer; Brian Tompkins, Chief Financial Officer; Mary Wallace, Administrative Assistant; Justine Hendricksen, Administrative Assistant LEGAL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews, Charles Roberts (Highland Community News), Jim Cimino (Cimino Realty), Gary Sturdivan (EVWD) APPROVAL OF AGENDA Pursuant to Government Code Section 54656.2(b)(2), the Board determined by unanimous vote, and as requested by the General Manager, Robert Martin, to add the following NEW BUSINESS, OLD BUSINESS, CLOSED SESSION items to the Agenda as the need to take immediate action thereon arose after the Agenda was Posted: 10a. DISCUSSION AND POSSIBLE ACTION REGARDING FINANCING PROPOSALS FROM CITIZENS BUSINESS BANK AND ARROWHEAD CREDIT UNION FOR EAST VALLEY WATER DISTRICT'S 2004/2005 CAPITAL PROGRAM (HEADQUARTERS PROJECT). 15a. REVIEW AND ADOPT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND ARROYO VERDE MUTUAL WATER COMPANY TO TRANSFER WATER SERVICE. Minutes: 06/22/04 3 23. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government Code Section 54656.9(a)] NAME OF CASE: In the Matter of Petitions to Revise Declaration of Fully Appropriated Streams to Allow Processing of Specified Applications to Appropriate _Water from the Santa Ana River, State Water Resources Control Board Application Nos.31174 and A031165. M/S/C (Sturgeon -Lightfoot) that the June 22, 2004 Agenda be approved as submitted. PUBLIC PARTICIPATION President Wilson declared the public participation section of the meeting open at 2:05 p.m. There being no written or verbal comments, the public participation section was closed. APPROVAL OF JUNE 89 2004 BOARD MEETING MINUTES M/S/C (Lightfoot -Goodin) that the June 8, 2004 Board Meeting Minutes be approved as submitted. V RESOLUTION 2004.13 — CORPORATE RESOLUTION TO AUTHORIZE DELETION AND ADDITION TO DISTRICT'S CHECKING ACCOUNT was presented to the Board for approval. M/S/C (Lightfoot -Goodin) that Resolution 2004.13 be approved. FINANCIAL STATEMENTS FOR PERIOD ENDED MAY 31, 2004 were presented to the Board for review. M/S/C (Lightfoot -Goodin) that the Financial Statements for period ended May 31, 2004 be accepted. APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS The General Manager stated that the charges identified by Account Number 1430258-01 had been paid and should be removed from the lien list. M/S/C (Lightfoot -Goodin) that the liens for delinquent water and sewer accounts be approved for processing with the exception as noted by the General Manager. DISBURSEMENTS 2 Minutes: 06/22/04 +l%W M/S/C (Lightfoot -Goodin) that General Fund Disbursements #197642 through #197797 distributed during the period of June 4, 2004 through June 17, 2004 in the amount of $588,857.22 and Payroll Fund Disbursements for the period ended June 11, 2004 in the amount of $91,670.96 totaling $680,528.18 be approved. RADON/PERCHLORATE RULE UPDATE The General Manager stated there was nothing new to report on the Radon or Perchlorate Rules; that there was an article in the local press that stated traces of Perchlorate have been found in milk within the state. DISTRICT HEADQUARTERS REVIEW AND SITE UPDATE The General Manager stated that the Design Phase for the Permanent Headquarters Site is moving forward; that the interim office furniture is on order, the partitions are installed; that the move -in date should be in July. Information Only. Vice President Sturgeon suggested flyers be distributed regarding our change of address and location. Information Only. Director Lightfoot suggested a sign be posted regarding our move to the temporary ,t'hw District Headquarters. Information Only. Vice President Sturgeon had concerns about whether the Design of the District Headquarters Building, would be out-of-date in the future. Information Only. The General Manager stated these issues were taken into consideration and discussed at great length with the Design team. Information Only. CIMINO REALTY MARKETING REPORT UPDATE (JIM CIMINO) Jim Cimino presented an update on the 12.2 -Acre (5t'/Webster) property; that the property is in multiple listing, signs are posted; and that he is actively pursuing investors. Information Only. Vice President Sturgeon commented that the District could list the property without an agent. The General Manager stated that he and his staff does not have the time it would require to act as an agent and be able to properly represent the District. Information Only. Jim Cimino stated that having professional representation is in the best interest of the District. President Wilson concurred with Jim Cimino. Information Only. AGREEMENT TO TRANSFER WATER SERVICE BETWEEN EAST VALLEY WATER DISTRICT AND ARROYO VERDE MUTUAL WATER COMPANY was presented to the Board for review and approval. 3 Minutes: 06/22/04 I%W0. %of M/S/C (Lightfoot/Goodin) that the agreement to transfer water service between East Valley Water District and Arroyo Verde Mutual Water Company be approved. CALL FOR NOMINATIONS TO THE BOARD OF DIRECTORS FOR THE CALIFORNIA SPECIAL DISTRICTS ASSOCIATION No action was taken. Information Only. DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST FROM THE WATER RESOURCES INSTITUTE AT CALIFORNIA STATE UNIVERSITY SEEKING SPONSORSHIP AND SUPPORT FOR THE PERCHLORATE IN DRINKING WATER DOCUMENTARY Director Goodin, Sturgeon, and Wilson support the program. Director Lightfoot expressed concern regarding additional support, as the District is currently a Major Sponsor. The General Manager suggested a support level of $500.00. Vice President Sturgeon suggested a contribution of $1000.00. M/S/C (Goodin -Sturgeon) that $1000.00 Bronze Sponsorship for the Perchlorate in Drinking Water Documentary be approved. The motion was approved by a 3-1 vote: Director Lightfoot voted NO. Directors Sturgeon, Goodin, Wilson voted YES. Director Negrete was ABSENT. REVIEW OF BOARD POLICY ON DIRECTORS' REIMBURSEMENT OF FEES AND EXPENSES President Wilson suggested this issue be deferred until the next Board Meeting, as Director Negrete was not present. No action was taken. Information Only. BILL PRINT AND MAILING OUTSOURCING PROPOSALS were presented to the Board for approval. 4 Minutes: 06/22/04 %bole Brian Tompkins, Chief Financial Officer requested conditional approval for the bill print and mailing proposal from DataProse. After one-year, staff would review the contract's terms and pricing. M/S/C (Sturgeon -Lightfoot) that the proposal from DataProse for bill print and mailing be approved. DISCUSSION AND POSSIBLE ACTION REGARDING THE PROPOSED 2004- 2005 BUDGET Director Goodin expressed concern regarding the increase in fees for Citizens Business Bank. The General Manager stated the fees would fluctuate based on certain criteria such as: deposits on account, credit balances and interest rates. President Wilson concurred with the General Manager. Brian Tompkins, Chief Financial Officer, stated that the Bank fees could be overstated and be related to an Investment account opened in 2003. ,%W Vice President Sturgeon requested that staff review fee schedules and analyze statements from other banks. M/S/C (Sturgeon -Wilson) that the 2004-2005 Budget be approved as submitted. The General Manager requested that the pay range for the Meter Service Worker III position be changed from Range 43 to 44, which would have little or no impact on the current proposed Budget. M/S/C (Sturgeon -Wilson) that the motion be amended to include the Meter Service Worker III Pay Change to Range 44. DISCUSSION AND POSSIBLE ACTION REGARDING FINANCING PROPOSAL FROM CITIZENS BUSINESS BANK AND ARROWHEAD CREDIT UNION Vice President Sturgeon supports the proposal from Citizens Business Bank. Director Goodin would like to have three proposals from various banks. Director Goodin also stated that we should compare each proposal carefully, that the District should have had more time to review each proposal before making a decision, he would like to have each bank present their proposal in person. Director Lightfoot stated is wasn't necessary to have each bank present their proposal package in person, it would not change the information contained in the proposal. 5 Minutes: 06/22/04 ,111w, President Wilson suggested the District accept the proposal and lock in the rate from Citizens Business Bank. M/S/C (Sturgeon -Lightfoot) to accept the financing proposal from Citizens Business Bank as presented. The motion was approved by a (3-1) vote: Director Goodin voted NO. Directors Lightfoot, Sturgeon and Wilson voted YES. Director Negrete was ABSENT. RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS List of liens released on June 15, 2004 was reviewed. Information only. WATER QUALITY CONFERENCE BUDGET UPDATE (CFO) The Chief Financial Officer, Brian Tompkins stated the District is receiving registrations for the Water Quality Conference. Jo McAndrews stated that the Water Quality Conference is moving forward, and she continues to actively pursue Sponsorships. Information Only. GENERAL MANAGER'S REPORT The General Manager reported on the District's operations to date; presented a letter from the United States Environmental Protection Agency regarding the Termination of Federal Administrative Order; that discussions were still active with Nextel; that Steve Kennedy would review leases presented from Nextel; that he would report new information and updates to the Board. Information Only Director Lightfoot would like to know if Nextel is interested in other locations located in the District. Information Only. The General Manager stated that the District is registered to participate in the Fourth of July Parade on July 3`d. Information Only. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Goodin attended the Special Districts dinner; updated the Board regarding a %of program in Las Vegas where customers are compensated for having rock yards. Information Only. 6 Minutes: 06/22/04 Vice President Sturgeon expressed his gratitude to Mary Wallace for all her years of work for the District. Information Only. Board Members Lightfoot, Goodin and Wilson also expressed their gratitude to Mary Wallace. Information Only. Director Goodin stated he would be unable to attend the Fourth of July Parade. Information Only. President Wilson presented a letter from Fairfax School expressing gratitude for the Poster Contest Awards. Information Only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. HAZARD MITIGATION UPDATE Regulatory Affairs Coordinator, Gary Sturdivan updated the Board on the continuing Hazard Mitigation Program; that the kick off meeting was June 9, 2004; that the meetings would be held on Wednesdays at 1:30pm at the District Offices; that the District purchased the on-line program and the web site could be accessed at ''r•✓ www.n-dtigationplan.com; that the focus would be on Fire, Flood and Earthquakes. Information Only. WATER EDUCATION "2004 WATER LAW & POLICY BRIEFING", HYATT REGENCY ISLANDIA HOTEL, SAN DIEGO, CA., JULY 15-16 2004. Information Only. CLOSED SESSION The Board entered into Closed Session at 4:35 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss the items listed on the Agenda. ADJOURN TO REGULAR SESSION President Wilson declared that the meeting adjourn to regular session. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to session at 4:40 p.m. The items listed on, and added to, the Agenda were discussed in closed session with no reportable action being taken except: 7 Minutes: 06/22/04 With respect to Item #22 — Board authorized execution of the Cash -Out Agreement involving the Gibson Superfund Site. With respect to Item #23 — No reportable action taken. The meeting was adjourned at 4:41 p.m. Robert E. Martin, Secretary 101sav U George E. "Skip" Wilson, President Minutes: 06/22/04 %W C' J %W DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT SPECIAL MEETING and PUBLIC HEARING MINUTES JUNE 29,2004 The Special Meeting was called to order at 6:01 p.m. by President Wilson. Director Goodin led the flag salute. PRESENT: Directors: Lightfoot, Negrete, Goodin, Wilson ABSENT: Director Sturgeon STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial Officer, Paul Dotter, District Engineer Mary Wallace, Administrative Assistant; Justine Hendricksen, Administrative Assistant LEGAL COUNSEL: Steve Kennedy GUEST(s): Tony Sedano, Fay Jure, Jeff Endicott, Jody Scott, David Avila (Highland Community News), Charles Roberts (Highland Community News), Kim Cattrell, Bill Wallace, Matt Bender (The Sun Telegram) PUBLIC HEARING FOR CONSIDERATION OF WATER AND SEWER RATES AND CHARGES President Wilson introduced the General Manager, Robert Martin. The General Manager presented information regarding the proposed rate increases. The General Manager stated that the average residential Water/Sewer Bill would increase by 9% per month. The General Manager presented information regarding Existing Projects, Future Regulatory Requirements, Upgrades and Expansion of Existing Facilities, Perchlorate Rule (probable adoption in 2005), Headquarter Replacement Project, Security Upgrades and Emergency Response Plans. Information Only. PRESIDENT WILSON DECLARED THE PUBLIC HEARING SECTION OF THE SPECIAL MEETING OPEN AT 6:08 P.M. Special Meeting & Public Hearing Minutes:06/29/04 ki . Tony Sedano stated that he supports the proposed rate increase but would like to see rates increase a small percentage each year rather than one large increase every 9 years; that the District should %.oe review current benefits, salaries and stipends for Directors; stated that East Valley Water District is a well organized and efficiently run District. Fay Jure stated that she disagrees with Mr. Sedano regarding the proposed rate increase; expressed concerns over low water pressure at her home; and that the sewer charges are higher than the water charges. Jody Scott stated that she disagrees with Mr. Sedano regarding the proposed rate increase; that she supported the acquisition in 1986 of Southern California Water; that we should stop growth in the City of Highland; that she is on a fixed income; that she protests the raise in rates; that the City of San Bernardino provides inadequate service. Tony Sedano stated that he disagrees with Fay Jure and Jody Scott; that he is a senior citizen and on a fixed income; that he conserves water daily; he expresses his gratitude to Jody Scott for the work she has done with the City of Highland. Director Lightfoot stated that the City of San Bernardino regulates the sewer treatment rates. President Wilson stated appreciation to the public for attending the meeting and for their comments. Information Only. V PRESIDENT WILSON DECLARED THE PUBLIC HEARING SECTION OF THE MEETING CLOSED AT 6:35 P.M. ORDINANCE 365 - ESTABLISHING RATES AND CHARGES FOR SEWER SERVICE was presented to the Board for approval. M/S/C (Lightfoot -Goodin) that Ordinance 365 be approved. RESOLUTION 2004.12 — ESTABLISHING RATES AND CHARGES FOR WATER SERVICE was presented to the Board for approval. M/S/C (Lightfoot -Goodin) that Resolution 2004.12 be approved. ADJOURN The meeting was adjourned at 6:35 p.m. Robert E. Martin, Secretary %W George E. "Skip" Wilson, President Special Meeting & Public Hearing Minutes:06/29/04 RESOLUTION 2004.16 A Resolution Of The Board Of Directors Of The East Valley Water District Accepting Conveyance Of Pipeline Easement from Dominick's Supermarkets, Inc., a Delaware Corporation as Grantor of an easement as described in Exhibit "A" and listed in Easement For The Right To Construct, Use, Maintain, Alter, Add To, Repair, Replace and/or Remove Pipeline Appurtenances, Under, Through And Across The Real Property Located In The City Of Highland, County Of San Bernardino, State Of California. BE IT HEREBY RESOLVED AND ORDERED that the Conveyance of Pipeline Easement dated June 30, 2004, and signed by Dana Waller, Assistant Vice President for Dominick's Supermarkets, Inc., a Delaware Corporation 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 July 13. 2004. Ayes: Directors: Noes: Absent: Job No. W2278 262.119 07/07/04 jw ftf ATTEST: EAST VALLEY WATER DISTRICT George E. Wilson, Board President Robert E. Martin, Board Secretary ,`� RECORD REQUEST OF AND MAIL TO: East Valley Water District P. O. Box 3427 San Bernardino. CA 92413 CONVEYANCE OF PIPELINE EASEMENT Dominick's Finer Foods, LLC, a Delaware limited liability company, as Grantor, for valuable consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the East Valley Water District, a County Water District, its successors and assigns, as Grantee, an easement for the right to construct, use, maintain, alter, add to, repair, replace and/or remove pipeline or pipelines together with all necessary appurtenances over, under, through and across the real property located in the County of San Bernardino, State of California, described as follows ("Easement Area"): r� See Exhibit "A" attached hereto and made a part hereof This grant of easement is made by Grantor subject to the terms and conditions of the Addendum attached hereto and made a part hereof. Grantor(s) further agree to notify EAST VALLEY WATER DISTRICT of any future use across said Easement Area and to coordinate with EAST VALLEY WATER DISTRICT the installation of any future facilities within said Easement Area. IN WITNESS WHEREOF, the Grantor(s) has executed this instrument this 30th day of June 2004. DOMINICK'S FINER FOODS, LLC, a Delaware limited liability company By: Dominick's Supermarkets, Inc., a Delaware corporation Its: 4Mberem Assistant Vice President By: j zb� o yG=;-G ,e Assistant Secretary �� Form Approved ADDENDUM TO CONVEYANCE OF PIPELINE EASEMENT r1n✓ Grantee understands that Grantor intends to develop a supermarket building and other retail improvements on Grantor's real property adjacent to the Easement Area. Grantee agrees that any installation, operation, maintenance, repair or replacement performed hereunder shall be at no cost to Grantor, and shall be performed so as to interfere as little as reasonably possible with the use and enjoyment of Grantor's real property and the Easement Area by persons occupying the same or lawfully present thereon. 2. Grantor agrees that no building or any other permanent structures shall be erected or permitted on the Easement Area. Notwithstanding the foregoing, Grantor reserves the right to use the Easement Area for parking lot improvements, landscaping, sidewalks, driveways and similar uses provided that such uses do not unreasonably interfere with Grantee's access to, or use of, the Easement Area as contemplated herein. 3. Grantee agrees that it will permit no mechanics', materialmens' or other liens to stand against Grantor's premises for work or materials furnished Grantee in connection with any installation, operation, maintenance, repair or replacement performed hereunder. ,%W U ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF ALAMEDA ) On June 30, 2004, before me, Janice M. Palmer, Notary Public, personally appeared Dana Waller and Wendall Mitchell, personally known to me (or proved on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. ICE M. LA PAEA CIDWAISSION 1273130 U—�"�w-�_•• AiA"J,eDA COUNTY )MY ucv:�aaon?xps Aug 6.2004 nature - (Seal) ,%00 V v EXHIBIT "A" WATER EASEMENT PARCEL Al THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 15886, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 196, PAGES 64 THROUGH 66, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 1, SAID POINT BEING THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,748.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF CURVE BEARS SOUTH 00°29'54" EAST; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL THE FOLLOWING THREE (3) COURSES: WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00010'33" AN ARC LENGTH OF 5.36 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1,452.00 FEET; WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°47'44" AN ARC LENGTH OF 70.85 FEET TO THE TRUE POINT OF BEGINNING; V CONTINUING WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00047'25" AN ARC LENGTH OF 20.03 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 00036'21" WEST, 224.77 FEET; THENCE SOUTH 89023'39" WEST, 6.07 FEET; THENCE SOUTH 00°35'55" EAST, 19.00 FEET; THENCE SOUTH 89024'05" WEST, 20.00 FEET; THENCE NORTH 00035'55" WEST, 19.00 FEET; THENCE SOUTH 89023'39" WEST, 74.61 FEET; THENCE SOUTH 76°52'43" WEST, 25.79 FEET; THENCE SOUTH 13°07'17" EAST, 28.98 FEET; THENCE SOUTH 76052'43" WEST, 37.00 FEET; THENCE NORTH 13°07'17" WEST, 28.98 FEET; THENCE SOUTH 76052'43" WEST, 55.86 FEET TO THE GENERALLY WESTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID GENERALLY WESTERLY LINE NORTH 00036'21" WEST, 20.49 FEET; THENCE LEAVING SAID GENERALLY WESTERLY LINE NORTH 76052'43" EAST, 116.41 FEET; THENCE NORTH 89023'39" EAST, 165.85 FEET; THENCE SOUTH 00036'21" EAST, 39.00 FEET; THENCE SOUTH 89°23'39" WEST, 20.00 FEET; THENCE NORTH 00°36'21" WEST, 19.00 FEET; THENCE SOUTH 89023'39" WEST, 22.98 FEET; THENCE SOUTH 00'36'21" EAST, 223.76 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 11,963 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "Al", ATTACHED HERETO AND MADE A PART HEREOF. vow PARCEL A2 'rrf THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 15886, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 196, PAGES 64 THROUGH 66, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 1, SAID POINT BEING THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,255.84 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF CURVE BEARS SOUTH 14037'18" EAST; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 1 AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01011'40" AN ARC LENGTH OF 26.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID NORTHERLY LINE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00028'18" AN ARC LENGTH OF 10.33 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 56010'33" EAST, 6.25 FEET; THENCE NORTH 31°51'38" EAST, 5.10 FEET; THENCE NORTH 76°51'38" EAST, 71.97 FEET; THENCE NORTH 64°34'47" EAST, 299.06 FEET; THENCE NORTH 89023'39" EAST, 48.42 FEET; THENCE NORTH 00°36'21" WEST, 20.74 FEET; THENCE NORTH 89023'39" EAST, 25.00 FEET; THENCE SOUTH 00°36'21" EAST, 40.74 FEET; THENCE SOUTH 89023'39" WEST, 69.02 FEET; THENCE SOUTH 64°34'47" WEST, 66.88 FEET; THENCE SOUTH 00036'23" EAST, 39.39 FEET; THENCE SOUTH 64°34'47" WEST, 16.83 FEET; THENCE NORTH 25025'13" WEST, 35.75 FEET; THENCE SOUTH 64°34'47" WEST, 105.64 FEET; THENCE SOUTH 24003'23" EAST, 81.46 FEET TO THE GENERALLY WESTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID GENERALLY WESTERLY LINE SOUTH 76°51'38" WEST, 28.58 FEET; THENCE LEAVING SAID GENERALLY WESTERLY LINE NORTH 25°25'13" V+ WEST, 22.94 FEET; THENCE SOUTH 68°08'01" WEST, 23.96 FEET; THENCE NORTH 25°25'13" WEST, 12.89 FEET TO SAID GENERALLY WESTERLY LINE; THENCE ALONG SAID GENERALLY WESTERLY LINE THE FOLLOWING TWO (2) COURSES: NORTH 13008'22" WEST, 18.06 FEET; SOUTH 76051'38" WEST, 3.93 FEET; THENCE LEAVING SAID GENERALLY WESTERLY LINE NORTH 25025'13" WEST, 19.56 FEET; THENCE SOUTH 64034'47" WEST, 37.14 FEET; THENCE SOUTH 76°51'38" WEST, 65.84 FEET; THENCE SOUTH 31951'38" WEST, 18.07 FEET; THENCE SOUTH 13008'22" EAST, 20.88 FEET TO SAID GENERALLY WESTERLY LINE; THENCE ALONG SAID GENERALLY WESTERLY LINE THE FOLLOWING TWO (2) COURSES: SOUTH 76051'38" WEST, 18.15 FEET; SOUTH 74017'54" WEST, 1.85 FEET; THENCE LEAVING SAID GENERALLY WESTERLY LINE NORTH 13°08'22" WEST, 29.24 FEET; THENCE NORTH 31051'38" EAST, 9.52 FEET; THENCE NORTH 56010'33" WEST, 13.59 FEET; THENCE NORTH 33049'27" EAST. 12.10 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 14,912 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "A2", ATTACHED HERETO AND MADE A PART HEREOF. .moi THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT, WARREN WILLIAM4/JR., P.L.S. 7038 REGISTRATION EXPIRES 9/30/06 '0!tW � N o O 3 No. 7038 A 'k Exp. 09/30/06 \F OF CAJ,aj V DATE N Q SCALE: 1"=60' I EXHIBIT "A1" CURVE TABLE CURVE DELTA I RADIUS I LENGTH Ci I 00'10'33" 1748.00' 5.36' CZ 1 02'47'44" 1145g.004 70.85' C3 00'47'25" 1452.00' 20.03' L4 LINE TABLE 1 I LINE I BEARING DISTANCE Ll N00'36'21"W 224.77' L2 S89'23'39"W 6.07' L3 S00'35'55"E 19.00' L4 S89'24'05"W 20.00' L5 N00'35'55"W 19.00' L6 S89'23'39"W 74.61' L7 576'52'43"W 25.79' LS S13'07'17"E 28.98' L9 S76'52'43"W 37.00' L10 N13'07'17 -W 28.98' L11 S76'52'43"W 55.86' L12 N00'36'21"W 20.49' L4 p p g \ P.O.C. N GREENSPOT ROAD L16 1 I LINE BEARING DISTANCE L13 W 116.41' L14 N89*23'39"E Z L15 S00'36'21'E 39.00' J S8923'39'W 20.00' L17 N00'36'21"W 19.00' L18 S89'23'39"W 3 of L)< 223.76' 5 25 0)I OI of NI T� N) o1 o� ) 0 p p g \ P.O.C. N GREENSPOT ROAD THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION WARREN WILLIAMS, JR. P.L.S. 7038 DATE 9x a 3 No. 7038 * Exp. 09/30/06 A \rF OF CAl SFO/ PLAT TO ACCOMPANY LEGAL ame DESCRIPTION FOR PARCEL Al SHEET 1 OF 2 WATER EASEMENT DeveloCHt &e um Conwtutt& Ina D!00 S. ROCHESTER AVENUE SUTE C HIGHLAND, CALIFORNIA I NT�0. u 91761 (") Z30-5241 LINE TABLE LINE BEARING DISTANCE L13 N7652'43'E 116.41' L14 N89*23'39"E 165.85' L15 S00'36'21'E 39.00' L16 S8923'39'W 20.00' L17 N00'36'21"W 19.00' L18 S89'23'39"W 22.98' L19 I S00'36'21'E 223.76' THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION WARREN WILLIAMS, JR. P.L.S. 7038 DATE 9x a 3 No. 7038 * Exp. 09/30/06 A \rF OF CAl SFO/ PLAT TO ACCOMPANY LEGAL ame DESCRIPTION FOR PARCEL Al SHEET 1 OF 2 WATER EASEMENT DeveloCHt &e um Conwtutt& Ina D!00 S. ROCHESTER AVENUE SUTE C HIGHLAND, CALIFORNIA I NT�0. u 91761 (") Z30-5241 :., EXHIBIT "A2" L30 X32 � 1 \ L38 1.39 J �q1 �4 L40 \ A N L20 L44 145 L46 P.0.6. C4 L21 L47 N15'48'58"W (RAD _ 4' 7 44g 148 S14'37'18"E LRAD)_1 C5 L50 � P.O.0 CURVE LINE TABLE CURVE I DELTA LINE BEARING DISTANCE L20 S56'10'33"E 6.25' L21 N31'51'38"E 5.10' L22 N76'51'38"E 71.97' L23 N6434'47"E 299.06' L24 N89'23'39"E 48.42' L25 N00'36'21"W 20.74' L26 N89'23'390E 25.00' L27 S00'36'21"E 40.74' L28 58923'39"W 69.02' L29 564'34'47"W 66.88' L30 50036'23"E 39.39' L31 S64'34'47"W 16.83' L32 N25'25'13"W 35.75' L33 S64'34'47"W 105.64' L34 S24'03'23"E 81.46' L35 S76'51'38"W 28.58' L36 N25'25'13"W 22.94' L37 S68'08'01"W 23.96' L38 N25'25'13"W 12.89' L39 N13'08'22"W 18.06' L40 S76'51'38'W 3.93' L41 N25'25'13"W 19.56' L42 S64'34'47"W 37.14' L43 576'51'38"W 65.84' L44 S31'51'38"W 18.07' L45 Sl 3'08'22"E 20.88' L46 S76'51'38"W 18.15' L47 S74'17'54"W 1.85' L48 N13'08'22"W 29.24' L49 N31'51'38"E 9.52' L50 N56'10'33"W 13.59' L51 N33'49'27"E 12.10' CURVE TABLE CURVE I DELTA RADIUS LENGTH C4 00'28'1 5" 1255.84' 10.33' C5 1 0111'40" 1255.84' 26.18' CHURCH STREET SCALE: 1"=60' SII PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR PARCEL A2 SHEET 2 OF 2 WATER EASEMENTD �Derelo meat Beeoa CL.d A ante, Inc. 600 S AO ESTER AVENUE SATE C HIGHLAND, CALIFORNIA MTA160. CA 91761 (909) 230-5241 RESOLUTION 2004.17 1W A Resolution Of The Board Of Directors Of The East Valley Water District Accepting Conveyance Of Pipeline Easement from Haagen Company LLC, a California Limited Liability Company as Grantor of an easement as described in Exhibit "A' and listed in Easement For The Right To Construct, Use, Maintain, Alter, Add To, Repair, Replace and/or Remove Pipeline Appurtenances, Under, Through And Across The Real,Property Located In The City Of Highland, County Of San Bernardino, State Of California. BE IT HEREBY RESOLVED AND ORDERED that the Conveyance of Pipeline Easement dated July 7, 2004, and signed by Alexander Haagen III, Manager for Haagen Company LLC, a California Limited Liability Company 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 July 13. 2004. Ayes: Directors: Noes: Absent: Job No. W2278 262.119 07108/04jw W ATTEST: EAST VALLEY WATER DISTRICT George E. Wilson, Board President Robert E. Martin, Board Secretary RECORD REQUEST OF AND MAIL TO: East Valley Water District P. O. Box 3427 San Bernardino, CA 92413 CONVEYANCE OF PIPELINE EASEMENT HCL East Highlands Ranch. LLC , as Grantor(s), for valuable consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the East Valley Water District, a County Water District, its successors and assigns, as Grantee, an easement for the right to construct, use, maintain, alter, add to, repair, replace and/or remove pipeline or pipelines together with all necessary appurtenances over, under, through and across the real property located in the County of San Bernardino, State of California, described as follows: See Exhibit "B" attached hereto and made a part hereof %ro, Grantor(s) further agree to notify EAST VALLEY WATER DISTRICT of any future use across said easement and to coordinate with EAST VALLEY WATER DISTRICT the installation of any future facilities within said easement IN WITNESS WHEREOF, the Grantor(s) has executed this instrument this 7th day of July, 2004. (Attach Notary Cert.) '\/ HCL East Highlands Ranch, LLC a California limited liability company By Haagen Company LLC a California limited liability company Its: Mme% &I I Manager %"o' EXHIBIT "B" WATER EASEMENT PARCEL B1 THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 15886, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 196, PAGES 64 THROUGH 66, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2 THE FOLLOWING THREE (3) COURSES: NORTH 20002'28" WEST, 81.60 FEET TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 956.00 FEET; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00048'46" AN ARC LENGTH OF 13.56 FEET TO THE TRUE POINT OF BEGINNING; CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°11'56" AN ARC LENGTH OF 20.00 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 71014'58" EAST, 26.01 FEET;THENCE NORTH 13008'22" WEST, 160.20 FEET TO THE NORTHERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING TWO (2) COURSES: NORTH 74017'54" EAST, 1.85 FEET; NORTH 76°51'38" EAST, 18.15 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 13008'22" EAST, 158.67 FEET; THENCE NORTH 63052'29" EAST, 108.28 FEET; THENCE NORTH 76°52'43" EAST, 74.57 FEET TO THE EASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID EASTERLY LINE SOUTH 00°36'21" EAST, 55.81 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 76051'38" WEST, 27.11 FEET; THENCE NORTH 13007'17" WEST, 34.49 FEET; THENCE SOUTH 76°52'43" WEST, 7.47 FEET; THENCE SOUTH 13°07'17" EAST, 58.87 FEET; THENCE SOUTH 20°0228" EAST, 19.72 FEET; THENCE NORTH 69°57'32" EAST, 23.24 FEET TO THE EASTERLY LINE OF SAID PARCEL 2 ; THENCE ALONG SAID EASTERLY LINE .SOUTH 00°36'21" EAST, 31.57 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 69°57'32" WEST, 32.73 FEET; THENCE NORTH 20002'28" WEST, 50.70 FEET; THENCE NORTH 13°07'17" WEST, 60.08 FEET; THENCE SOUTH 76052'43" WEST, 5.61 FEET; THENCE SOUTH 63°52'29" WEST, 12.60 FEET; THENCE SOUTH 26°07'31" EAST, 23.00 FEET; THENCE SOUTH 63052'29" WEST, 29.50 FEET; THENCE NORTH 26007'31" WEST, 23.00 FEET; THENCE SOUTH 63052'29" WEST, 39.50 FEET; THENCE SOUTH 26°07'31" EAST, 26.72 FEET; THENCE SOUTH 63°52'29" WEST, 23.50 FEET; THENCE NORTH 26°07'31" WEST, 26.79 FEET; THENCE SOUTH 71014'58" WEST, 49.57 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 12,801 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "131", ATTACHED HERETO AND MADE �A PART HEREOF. THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. 0 C, j-/, Q /2-9-03 WARREN WILLIAMS, JR.,' P.L.S. REGISTRATION EXPIRES 9/30/06 OF �/ %w 2 DATE `0001 1L=A '001 EXHIBIT 31131" LINE TABLE LINE BEARING I DISTANCE Lt N20'02'28"W 81.60' L2 N71'1 4'58"E 26.01' L3 N13'08'220W 60.20' L4 N74'17'54" 1.85' L5 N76'51'380E 18.15' L6 S13'O8'22"E 158.67' L7 N6352' 9 108.28' L8 N76'5 '43" 74.5r L9 S00'36'21"E 55.81' L10 S76'51'38"W 27.11' L11 N13'07'17"W 34.49' L12 S76'52'43'W 7.47' L13 Sl 3-07"1 7-E 58.87' ML14 S20'02'28"E 19.72' L15 N6957.'32"E 23.24' EXHIBIT 31131" CURVE TABLE CURVE. DELTA RADIUS LENGTH Cl 0'48'46" 956.00' 13.56' C2 I 01'11'56" 956.00' 20.00' '!P.O.C. THIS MAP WAS PREPARED BY ME OR. UNDER MY DIRECTION w WARREN WILLIAMS, JR. .L.S. 7038 DATE PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR PARCEL B1 WATER EASEMENT HIGHLAND, CALIFORNIA H SCALE: 1"=60' '6.WC e e 3 No. 7038 k Exp. 09/30/06 OF SHEET 1 OF 1 Deydopment Beeoom Comitants, In DW [S. ROY • tae O fio .tae na.na 600 S . CA 91 61 A(909) 30-3 C OMARO, G 17767 (909) ZTO-StA LINE TABLE UNE BEARING I DISTANCE L76 S00'3 '21"E 1 31.57' :•: S69'57'32"W t L18. Y:i, •' fr r �• a L79 Ni3'07'17"W 60.08' L20 S76'52'43'W 5,61, L21 S63'52' 9"W 12.60' L22 S26'07'31"E 23.00' CURVE TABLE CURVE. DELTA RADIUS LENGTH Cl 0'48'46" 956.00' 13.56' C2 I 01'11'56" 956.00' 20.00' '!P.O.C. THIS MAP WAS PREPARED BY ME OR. UNDER MY DIRECTION w WARREN WILLIAMS, JR. .L.S. 7038 DATE PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR PARCEL B1 WATER EASEMENT HIGHLAND, CALIFORNIA H SCALE: 1"=60' '6.WC e e 3 No. 7038 k Exp. 09/30/06 OF SHEET 1 OF 1 Deydopment Beeoom Comitants, In DW [S. ROY • tae O fio .tae na.na 600 S . CA 91 61 A(909) 30-3 C OMARO, G 17767 (909) ZTO-StA LINE TABLE UNE BEARING I DISTANCE L76 S00'3 '21"E 1 31.57' L17 S69'57'32"W 1 32.73' L18. N20'02'28"W 50.70' L79 Ni3'07'17"W 60.08' L20 S76'52'43'W 5,61, L21 S63'52' 9"W 12.60' L22 S26'07'31"E 23.00' L23 S63 -52.29"W 29.50' L24 N2 '07'31"W 23. 0' L25 S6352'29"W L26 S26-07-31" L27 S6352'29"W n26.79' L28 N26'07'31"WS71'14'58"W CURVE TABLE CURVE. DELTA RADIUS LENGTH Cl 0'48'46" 956.00' 13.56' C2 I 01'11'56" 956.00' 20.00' '!P.O.C. THIS MAP WAS PREPARED BY ME OR. UNDER MY DIRECTION w WARREN WILLIAMS, JR. .L.S. 7038 DATE PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR PARCEL B1 WATER EASEMENT HIGHLAND, CALIFORNIA H SCALE: 1"=60' '6.WC e e 3 No. 7038 k Exp. 09/30/06 OF SHEET 1 OF 1 Deydopment Beeoom Comitants, In DW [S. ROY • tae O fio .tae na.na 600 S . CA 91 61 A(909) 30-3 C OMARO, G 17767 (909) ZTO-StA own %Me 44W ALL-PURPOSE NOTARY ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this 7h day of July, 2004, before me, Kimberly K. Williams, Notary Public, personally appeared Alexander Haagen III personally known to me or proved to me en the basis of isf eteF • , videnee to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/heBkheir capacity(ies), and that by hisAwn hei£ 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. y KIMBERLY K WILLWM5 CCommission # 1346387 Notary Public - Celi n'118 Los Angeles County %My cortin. E�cpIres Apr g, 2006 U CJ DEVELOPMENT AGREEMENT THIS AGREEMENT is made this _ day of by and between EAST VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT'), and Jack R. Widmeyer, an Individual (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 the north end of Holly Circle Drive, in the City of San Bernardino, County of San Bernardino, State of California, and is generally identified as Parcel Map 16171 (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 2 individual parcels and a remainder lot, 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: 1 %W01 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 V 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 %"of DEVELOPER with authorization to proceed. The DEVELOPER shall not proceed with the construction of the PROJECT and any other water or sewer facilities for use on the PROPERTY until the DISTRICT so authorizes. Section 2. CONSTRUCTION OF FACILITIES. The DEVELOPER agrees to construct the PROJECT and all other water and sewer facilities necessary for the PROPERTY in the following manner subject to the DISTRICT's approval: a. The DEVELOPER shall obtain all necessary pen -nits 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 %OF, the work contemplated herein is to be performed. %W b. All facilities constructed pursuant to this AGREEMENT shall be in accordance with accepted standards and practices in the industry and in compliance with all local, state, and federal laws, rules, and regulations. The DEVELOPER shall be responsible for providing all labor, materials, and equipment necessary to perform the work for the PROJECT, and such work shall be performed in a timely and workmanlike manner by a party or entity acceptable to the DISTRICT. All such facilities shall conform to the DISTRICT's Standard Specifications for the Furnishing of Materials and the Construction of Water and Sewer Pipelines. All costs and liabilities in connection with the design and construction of the PROJECT shall be bome 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 W DEVELOPER under this AGREEMENT, the DEVELOPER shall be responsible for the payment of all of the following: a. The DEVELOPER shall pay to the DISTRICT all, or any portion, of the connection fees for the PROPERTY at the time of application for water and sewer service therefor. The DISTRICT will provide water and sewer service only to those specific subdivision lots within the PROPERTY for which payment in full has been made to the DISTRICT. b. The DEVELOPER shall be solely responsible for the payment of all costs, fees, and expenses associated with the construction, inspection, operation, maintenance, repair, and relocation of the PROJECT, including all costs, fees, and expenses incurred for the environmental analysis, engineering, and design of the PROJECT. C. The DEVELOPER shall comply with all rules, regulations, V resolutions, and ordinances of the DISTRICT that are currently in place or may 4 411V"1W 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. DISTRICT'S COSTS. Notwithstanding any other covenant consented to under this Agreement, the District shall reimburse the Developer for the proportional cost of engineering and construction of that segment of 8 inch diameter water main to be installed in front of Parcel l of said parcel map. The aforementioned segment measures approximately 186 lineal feet in length. Section 5. SECURITY. '111111✓ a. The DEVELOPER shall provide performance, completion, and/or V payment bonds for the PROJECT in the minimum amount of not less than 100 percent of the estimated construction costs containing covenants which are acceptable to the DISTRICT and the (city or county) . b. The DEVELOPER shall provide a maintenance bond for the PROJECT in the amount of 100 percent of the construction cost, which shall contain covenants which are satisfactory to the DISTRICT. Such bond shall remain in force for at least twelve (12) months from the date of acceptance by the DISTRICT of the dedication of said facilities. C. The DEVELOPER shall also procure and maintain during the performance of this AGREEMENT such policies of insurance, bonds from an acceptable surety, cash deposits, escrow accounts, letters of credit, and other forms of security, in amounts and upon terms deemed sufficient by the DISTRICT in its 5 fir✓" U sole discretion to protect the DISTRICT from any and all exposure to loss and/or liability. Section 6. COSTS FOR OVERSIZING. Pursuant to Section l.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 7. DEDICATION OF FACILITIES. a. The DEVELOPER shall, upon completion of the construction of all facilities to be installed hereunder to the satisfaction of the DISTRICT, dedicate said facilities to the DISTRICT by a deed of dedication or such other instrument as the DISTRICT may prescribe, and the DISTRICT agrees to accept the dedication thereof by formal action of its Board of Directors. Thereafter, such dedicated facilities shall become and be operated and maintained by the DISTRICT as part of the DISTRICT's water and sewer system. The DISTRICT shall not accept dedication of said water or sewer facilities until all connection fees have been paid unless otherwise allowed under Section 3.a. herein. b. The DEVELOPER hereby grants the DISTRICT full access to the PROPERTY for the purpose of installing, operating, inspecting, maintaining, and repairing all meters, valves, and other appurtenances necessary for the DISTRICT to record, regulate, and control the amount of water pumped therefrom. Section 8. 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 C Akkwo� events which are beyond the reasonable control of the DISTRICT. Notwithstanding any other provision to the contrary, the DISTRICT may suspend or refuse water service to the PROPERTY if the DEVELOPER is in breach, default, or violation of this AGREEMENT or any rule, regulation, resolution, and/or ordinance of the DISTRICT that is currently in place or may hereafter be adopted, or if such service would adversely affect the health, safety, or welfare of the DISTRICT's customers, or for any other reason deemed paramount by the DISTRICT in its sole discretion. Section 9. 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 v✓ 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 10. 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 11. 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 VA 09M \r0, W incurred in connection therewith. The DEVELOPER, notwithstanding the provisions of California Civil Code § 1542, which provides as follows: "A general release does not extend to claims which the creditor did not know or suspect to exist in his or her favor at the time of the executed release which if known by him or her must have materially affected his or her settlement with the debtor." expressly waives and relinquishes all rights and benefits afforded to the DEVELOPER thereunder and under any and all similar laws of any state or territory of the United States with respect to the claims, actions, and/or losses referenced above. This AGREEMENT shall act as a release of any claims that may arise 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 fixture whether such claims are currently foreseen or unforeseen. Section 12. 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 8 I%'Wo; DISTRICT harmless from and against all claims, losses, liabilities, damages, demands, actions, judgments, causes of action, assessments, penalties, costs, expenses (including, without limitation, the reasonable fees and disbursements of legal counsel, expert witnesses, and accountants), and all foreseeable and unforeseeable consequential damages which might arise or be asserted against the DISTRICT and/or the DEVELOPER with regard to the PROPERTY and/or the PROJECT which are alleged and/or determined to be tortious, and/or in violation of present and future federal, state, and local laws (whether under common law, statute, rule, regulation, or otherwise), including, but not limited to, the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and the Guidelines adopted thereunder, California Code of Regulations Section 15000 et seq., all as the same may be amended from time to time. Section 13. 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 parry may change its address by written notice in accordance with this section. If to the DISTRICT: If to the DEVELOPER: East Valley Water District P.O. Box 3427 1155 Del Rosa Avenue San Bernardino, CA 92413 Attn: General Manager Jack Widmeyer 1321 E. Highland Avenue PO Box 3549 San Bernardino, CA 92413 Section 14. 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 0 AV1,011 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 15. 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 16. INUREMENT. This AGREEMENT and all provisions hereof shall be jointly and severally binding upon, and inure to the benefit of, the parties hereto, their respective heirs, successors, legal representatives, and assigns, and each of the shareholders and partners of the DEVELOPER in their individual, separate, and/or other capacities. 4,001 Section 17. ASSIGNMENT. This AGREEMENT may not be assigned to any individual or entity without the written consent of the parties hereto. Section 18. INTEGRATION AND AMENDMENT. This AGREEMENT constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, whether oral or written, between the parties in connection therewith. This AGREEMENT may not be amended unless in writing and signed by the parties hereto. Section 19. 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 20. 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 W AGREEMENT, or any waiver thereof by such party, shall not constitute a waiver of said party's II9 'rrd right to enforce subsequent violations of the same or any other terms or conditions herein. This AGREEMENT shall be enforced and governed by and under the laws of the State of California, and venue for any action brought to interpret and/or enforce any provision of this AGREEMENT shall be in a state or federal court located in the State of California that would generally have in rem jurisdiction over the PROPERTY. Section 21. 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 22. 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 23. AUTHORITY. Each individual executing this AGREEMENT on behalf of a %wo, 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. `%W 11 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be 14II11W executed by their respective officers as of the date fust above written. %0 DISTRICT By: East Valley Water District President, Board of Directors ATTEST: East Valley Water District ecretary, Robert E. Martin DEVELOPER ATTEST: State of California County of San Bernardino On July 6, 2004 befor me Denise M Lundy "Notary Public" personally appeared Jack R. Widmeyer, personally know to me.to be the person Not Public whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. Wi ess my hand and ficial seal. 12 DENISE M. LONS DY e_ COMM. 91297961 z WAR' PUBLIC • CALIFON" Z SAN SERNARDWO COUNTY �CpRYM+w'an Esyrt„ opN 17. 2006 a "Irli'.✓ %W EXHIBIT "A" [Tentative Tract Map for the PROPERTY] 13 'rr✓ 4ry CERTIFICATE OF LIEN JULY 13, 2004 B. 1020130.00 9. 1110285-07*+ 10. 1140123-00* 11. 1620006.02 TOTAL * STILL OWNS PROPERTY + MULTIPLE UNITS Page 1 of 1 $21.78 $52.04 $36.74 $31.91 $1,361.91 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0330152.01* $68.00 2. 0420090-03 $48.20 3. 0430113-02* $56.32 4. 0750004.01 $50.79 5. 0810002.01+ $208.10 6. 0920167-05* $646.89 7. 0930126-00 $141.14 B. 1020130.00 9. 1110285-07*+ 10. 1140123-00* 11. 1620006.02 TOTAL * STILL OWNS PROPERTY + MULTIPLE UNITS Page 1 of 1 $21.78 $52.04 $36.74 $31.91 $1,361.91 %woo on 41111110 East Valley Water District Board Memorandum From: Brian W. Tompkins / Chief Financial Officerl , Subject: Disbursements. Recommendation: Approve the attached list of accounts payable checks and payroll issued during the period June 23, 2004 through July 7, 2004. Background: Date: JULY 13, 2004 Accounts payable checks are shown on the attached listing and include numbers 197798 to 198029 for A total of $1,011,412.92. The source of funds for this amount is as follows: EPA Grant Funds Unrestricted Funds $1,011,412.92 Payroll disbursed was for the period ended June 25, 2004 included checks and direct deposits. Totaling $88,778.30. Total disbursements- $1,100,191.22. 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MLLI ) , �! a I k .� !!� ` 3 k )// oz @BaBBe k J \ | %W RESOLUTION NO. 2004.18 AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT SALE AGREEMENT, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF AN ADMINISTRATIVE FACILITY AND UPGRADES TO THE TRANSMISSION/DISTRIBUTION SYSTEM WHEREAS, the East Valley Water District (the "District") is a public corporation duly organized and existing under and pursuant to Division 11 of the Water Code of the State of California; and WHEREAS, the District desires to provide for financing in the amount of $10,000,000 for the acquisition and construction of an administrative facility and upgrades to the transmission/distribution system (the "Projects"); and WHEREAS, Municipal Finance Corporation (the "Corporation") has proposed a cost-effective installment sale financing arrangement at a 4.50% interest rate; NOW, THEREFORE, it is resolved by the Board of Directors of the East Valley Water District as follows: SECTION 1. Installment Sale Agreement. The President of the Board of Directors or a designee in writing is hereby authorized to enter into an Installment Sale Agreement (the "Installment Sale") with the Corporation to finance the Projects, subject to approval as to form by the District's legal counsel. ir/ cel fier r Lv)�kl ca*ot , GPo SECTION 2. Other Actions. The President of the Board of Directors and other officers of the District are each hereby authorized and directed, jointly and severally, to take any and all actions, including retaining an independent certified public accountant, and to execute and deliver any and all documents, agreements and certificates which they may deem necessary or advisable in order to carry out, give effect to and comply with the terms of this Resolution and the Installment Sale. Such actions are hereby ratified, confirmed and approved. SECTION 3. Qualified Tax -Exempt Obligations. The Installment Sale is hereby designated as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"). The District, together with all subordinate entities of the District, do not reasonably expect to issue during the calendar year in which the Installment Sale is issued more than $10,000,000 of obligations which it could designate as "qualified tax-exempt obligations" under Section 265(b) of the Code. SECTION 4. Reimbursement of Prior Expenditures. The District declares its official intent to be reimbursed from the proceeds of the Installment Sale approved hereby for a maximum principal amount of $10,000,000 of Projects expenditures occurring no earlier than sixty days prior to the adoption of this Resolution, All reimbursed expenditures will be capital expenditures as defined in Section 1.150-1(b) of the Federal Income Tax Regulations. SECTION 5. Effect. This Resolution shall take effect immediately upon its passage. u %We PASSED, APPROVED AND ADOPTED this 13th day of July, 2004, by the following vote: AYES: NOES: ABSTENTIONS: ABSENT: Approved: _ Attest: President of the Board Secretary of the Board `✓ INSTALLMENT SALE AGREEMENT #04 -058 -AF This Installment Sale Agreement dated July 13, 2004 (this "Agreement") is entered into by and between and East Valley Water District, a public corporation duly organized under the laws of the State of California ("District"), and Municipal Finance Corporation, a corporation duly organized under the laws of the State of California ("Corporation"); WITNESSETH: WHEREAS, Corporation desires to sell the 2004 Project, as hereinafter defined, to District, and District desires to purchase the 2004 Project from Corporation, subject to the terms and conditions of and for the purposes set forth in this Agreement; and WHEREAS, Corporation and District are authorized under the Constitution and laws of the State of California to enter into this Agreement for the purposes set forth herein; NOW, THEREFORE, for and in consideration of the premises hereinafter contained, the parties hereby agree as follows: ARTICLE I DEFINITIONS AND EXHIBITS; AUTHORIZATION OF PARTIES irov Section 1.01. Definitions. The following terms will have meanings indicated below unless the context clearly requires otherwise: Accountant's Report The term "Accountant's Report" means a report signed by an Independent Certified Public Accountant. Assignee The term "Assignee" means Citizens Business Bank, its successors and assigns. Bonds The term "Bonds" means all revenue bonds or notes of the District authorized, executed, issued and delivered by District, the payments of which are on a parity with the Series 2004 Installment Payments and which are secured by the Net Revenues of the District. The term Bonds does not include bonds heretofore or hereafter issued required by law to be paid from District assessments. Closing Date The term "Closing Date" means the date on which Corporation pays District the funds required to be deposited by Section 3.01 of this Agreement. %W V ir/ W Contracts The term "Contracts" means the Prior Contracts, this Agreement and any amendments and supplements hereto, and all Contracts of the District authorized and executed by the District the payments under which are on a parity with the Series 2004 Installment Payments and which are secured by the Net Revenues of the District. The term Contracts does not include the contract with the State of California for the State Water Project. Corporation The term "Corporation" means Municipal Finance Corporation, a California corporation. Debt Service The term "Debt Service" means, for any Fiscal Year, the sum of (1) the interest accruing during such Fiscal Year on all outstanding Bonds, assuming that all outstanding serial Bonds are retired as scheduled and that all outstanding term Bonds are prepaid or paid from sinking fund payments as scheduled (except to the extent that such interest is to be paid from the proceeds of sale of any Bonds), (2) that portion of the principal amount of all outstanding serial Bonds maturing on the next succeeding principal payment date that would have accrued during such Fiscal Year if such principal amount were deemed to accrue daily in equal amounts from the preceding principal payment date or during the year preceding the first principal payment date, as the case may be, (3) that portion of the principal amount of all outstanding term Bonds required to be prepaid or paid on the next succeeding prepayment date (together with the prepayment premiums, if any, thereon) that would have accrued during such Fiscal Year if such principal amount (and prepayment premiums) were deemed to accrue daily in equal amounts from the preceding prepayment date or during the year preceding the first prepayment date, as the case may be, and (4) that portion of any Installment Payments, including the Series 2004 Installment Payments, required to be made at the times provided in the Contracts that would have accrued during such Fiscal Year if such Installment Payments were deemed to accrue daily in equal amounts from, in each case, the preceding payment date of interest or principal or the date of the pertinent Contract, as the case may be. For purposes of this definition, any Contract or Bonds issued or to be issued by District which bear interest at a variable rate shall for all purposes hereunder be assumed to bear interest at a fixe rate equal to the higher of (i) 7% and (ii) the highest variable rate borned over the preceding twenty-four (24) months by outstanding variable rate debt issued by District or, if no such variable rate debt is at the time outstanding, by variable rate debt for which the interest rate is computed by reference to an index comparable to that utilized in determining the interest rate for the Contract then proposed to be entered into or the Bonds then proposed to be issued. District 111W The term "District" means East Valley Water District, a public corporation duly organized and existing under and by virtue of the laws of the State of California. Event of Default The term "Event of Default" means an event described in Section Fiscal Year The term "Fiscal Year" means the period beginning on July 1 of each year and ending on the last day of June of the subsequent year, or any other twelve-month period selected and designated as the official Fiscal Year of District. Independent Certified Public Accountant The term "Independent Certified Public Accountant" means any firm of certified public accountants appointed by District, and each of whom is independent pursuant to the Statement on Auditing Standards No. 1 of the American Institute of Certified Public Accountants. Installment Payment Date; Series 2004 Installment Payment Date The term "Installment Payment Date" means any date on which %00, Installment Payments are scheduled to be paid by the District under and pursuant to any Contract. The term "Series 2004 Installment Payment Date" means the date on which Installment Payments are scheduled to be paid by the District under and pursuant to this Agreement. Installment Payments; Series 2004 Installment Payments The term "Installment Payments" means the installment payments of interest and principal scheduled to be paid by the District under and pursuant to the Contracts. The term "Series 2004 Installment Payments" means the Installment Payments scheduled to be paid by the District under and pursuant hereto. Net Proceeds The term "Net Proceeds" means, when used with respect to any casualty insurance or condemnation award, the proceeds from such insurance or condemnation award remaining after payment of all expenses (including attorneys' fees) incurred in the collection of such proceeds. Net Revenues The term "Net Revenues" means, for any Fiscal Year, the Revenues for such Fiscal Year less the Operation and Maintenance Costs for such Fiscal Year. CM N%w Operation and Maintenance Costs The term "Operation and Maintenance Costs" means costs spent or incurred for maintenance and operation of the Water System calculated in accordance with generally accepted accounting principles, including (among other things) the reasonable expenses of management and repair and other expenses necessary to maintain and preserve the Water System in good repair and working order, and including administrative costs of District that are charged directly or apportioned to the Water System, including but not limited to salaries and wages of employees, payments to the Public Employees Retirement System, overhead, insurance, taxes (if any), fees of auditors, accountants, attorneys or engineers and insurance premiums, and including all other reasonable and necessary costs of District or charges (other than debt service payments) required to be paid by it to comply with the terms of this Agreement or any resolution or indenture authorizing the issuance of any Contract; but excluding in all cases depreciation, replacement and obsolescence charges or reserves therefor and amortization of intangibles or other bookkeeping entries of a similar nature and all capital charges. Prior Contracts The term "Prior Contracts" means, collectively, the Installment Purchase Agreement dated as of March 15, 1996 between the District and East Valley Public Facilities Corporation and the Installment Purchase Agreement dated as of April 1, 2001 between the District and East Valley Public Facilities Corporation 141W Proiect; 2004 Project The term "Project" means any additions, betterments, extensions or improvements to the District's facilities designated by the Board of the District as a Project, the acquisition and construction of which is to be paid for by the proceeds of any Contracts. The term 112004 Project" means the additions, betterments, extensions and improvements to the Water System described in Exhibit A hereto and as modified in conformance with Setion 3.02 hereof. Purchase Price The term "Purchase Price" means the principal amount plus interest thereon owed by the District to the Corporation under the terms hereof as provided in Section 4.01. Revenues The term "Revenues" means all income, rents, rates, fees, charges and other moneys derived from the ownership and operation of the Water System, including, without limiting the generality of the foregoing, (1) all income, rents, rates, fees, charges and other moneys derived by District from the delivery of water or other services or facilities provided in the conduct and operation of the business of the Water System, (2) proceeds of District's share of the County's 1% property tax received by District, if any, (3) the proceeds of any stand-by or water availability charges, development fees and connection charges 4 ,olow collected by District, or (4) the earnings on and income derived from the investment of amounts described in clauses (1), (2) and (3) above and from Water Fund reserves, but excluding (a) customers' deposits or any other deposits or advances subject to refund until such deposits or advances have become the property of District and (b) any proceeds of taxes or assessments restricted by law to be used by District to pay bonds or other obligations heretofore or hereafter issued. Water Service The term "Water Service" means the water delivery service made available or provided by the Water System. Water System The term "Water System" means the whole and each and every part of the water system of District, including all real property and buildings, including the portion thereof existing on the date hereof, and including all additions, betterments, extensions and improvements to such water system or any part thereof hereafter acquired or constructed. Section 1.02. Exhibits. The following Exhibits are attached to, and by reference made a part of, this Agreement: EXHIBIT A DESCRIPTION OF 2004 PROJECT EXHIBIT B SCHEDULE OF SERIES 2004 INSTALLMENT PAYMENTS VANte Section 1.03. Authorization. Each of the parties hereby represents and warrants that it has full legal authority and is duly empowered to enter into this Agreement and has taken all actions necessary to authorize the execution of this Agreement by the officers and persons signing it, and that the transactions contemplated in this Agreement are in the ordinary course of business for both parties. ARTICLE II REPRESENTATIONS AND WARRANTIES OF DISTRICT AND CORPORATION Section 2.01. Representations and Warranties of District_ District represents and warrants, for the benefit of Corporation and Assignee, as follows: (a) District is a public corporation, duly organized and existing under and by virtue of the laws of the State of California. (b) District is authorized under the Constitution and laws of the State of California to enter into this Agreement, and to enter into the transactions contemplated and to carry out its obligations hereunder. (c) District has been duly authorized to execute and deliver this Agreement under the terms and provisions of the resolution of its governing body, or by other appropriate official approval, and further taw 5 represents and warrants that all requirements have been met, and \rJ proceedings have been taken in order to ensure the enforceability of this Agreement, and District has complied with such public bidding requirements as may be applicable to this Agreement and the acquisition by District of the Project hereunder. (d) Neither the execution and delivery of this Agreement or the related documents or exhibits attached hereto nor the fulfillment of or compliance with the terms and conditions hereof or thereof, nor the consummation of the transactions contemplated hereby or thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which District is now a party or by which District is bound, or constitutes a default under any of the foregoing. (e) District is in compliance with the terms and covenants contained in this Agreement, and there is no Event of Default occurring under this Agreement. (f) District is empowered to set rates and charges for water provided to the users of the Water System without review of any local governmental agency. (g) The 2004 Project will have a useful life in the hands of District that is in excess of the term of this Agreement. Section 2.02. Representations and Warranties of Corporation. Corporation represents and warrants to District as follows: (a) Corporation is a corporation duly organized, existing and in good standing under and by virtue of the laws of the State of California; has power to enter into this Agreement; is possessed of full power to own and hold real and personal property, and to purchase and sell the same; is in a solvent financial condition as of the date hereof; and has duly authorized the execution and delivery of this Agreement. (b) Neither the execution and delivery of this Agreement nor the fulfillment of or compliance with the terms and conditions hereof or thereof, nor the consummation of the transactions contemplated hereby or thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the Corporation is now a party or by which the Corporation is bound, or constitutes a default under any of the foregoing. ARTICLE III ACQUISITION AND CONSTRUCTION OF THE 2004 PROJECT Section 3.01. Acquisition and Construction of the 2004 Project; Deposit of Moneys. Corporation hereby agrees to cause the 2004 Project to be constructed, acquired and installed by District as its agent. District shall enter into contracts and provide for, as agent for Corporation, the complete construction, acquisition and installation of W 6 the 2004 Project. District hereby agrees that it will cause the construction, acquisition and installation of the 2004 Project to be diligently performed, and that it will use its best efforts to cause the construction, acquisition and installation of the 2004 Project to be completed by December 31, 2004, unforeseeable delays beyond the reasonable control of District only excepted. It is hereby expressly understood and agreed that Corporation shall be under no liability of any kind or character whatsoever for the payment of any cost of the 2004 Project and that all such costs and expenses shall be paid by District, regardless of whether the funds deposited with District are sufficient to cover all such costs and expenses. Corporation and District agree that, in order to ensure that moneys sufficient to pay the 2004 Project costs will be available when required, Corporation or its assignee shall deposit the sum of $10,000,000.00 in a fund (the "Project Fund") to be established by Corporation as custodian for the benefit of District. A Corporation representative shall disburse moneys in the Project Fund from time to time to pay the 2004 Project costs (or to reimburse District for payment of Project costs) upon delivery to Corporation of a certificate of the District which: (a) states with respect to each disbursement to be made (i) the requisition number, (ii) the name and address of the person, firm or corporation to whom payment will be made, (iii) the amount to be disbursed, (iv) that each obligation mentioned therein is a proper charge against the Project Fund and has not been previously disbursed by the District from amounts in the Project Fund, (v) that all conditions precedent set forth in this Agreement with respect to such disbursement have been satisfied, and (vi) that the amount of such disbursement is for a Project cost; (b) specifies in reasonable detail the nature of the obligation; and (c) is accompanied by a bill or statement of account (if any) for each obligation. Upon the date of completion of the 2004 Project, as evidenced by the certificate of District, any moneys remaining in the Project Fund shall be applied towards the principal component of remaining Series 2004 Installment Payments. The moneys deposited to the Project Fund may be invested in interest bearing instruments pursuant to written direction and authority given by the District. Permitted investments are those specified in Government Code Sections 53601 and 53635. Principal and interest earnings from each investment will be deposited directly to the Project Fund. Corporation shall be responsible for the safekeeping of deposit certificates and other investment confirmation documents. Corporation shall not be held liable or responsible for any loss of moneys resulting from any investment or the sale of any investment authorized by District. Section 3.02. Sale of 2004 Project. The Corporation agrees to sell, and herby sells, to the District, and the District agrees to purchase, and hereby purchases, from the Corporation, the 2004 Project at the purchase price specified in Section 4.01 hereof and otherwise in the manger and in accordance with the provisions of this Agreement. Section 3.03. Title. All right, title and interest in the 2004 Project shall vest in the District immediately upon the acquisition and 7 construction thereof. Such vesting shall occur without further action by the Corporation or the District and the Corporation shall, if requested by District or if necessary to assure such automatic vesting, deliver any and all documents required to assure such vesting. Section 3.04. Changes to the 2004 Proiect. District may substitute other improvements for those listed as components of the 2004 Project in Exhibit A hereto, but only if District first files with Corporation a statement of District; (a) identifying the improvements to be substituted and the improvements to District facilities they replace in the 2004 Project; and (b) stating that the estimated costs of construction, acquisition, and installation of the substituted improvements are not less than such costs for the improvements previously planned. Section 3.05. Disclaimer of Warranties. CORPORATION MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OF THE 2004 PROJECT OR ANY PART THEREOF, OR AS TO THE FITNESS FOR ANY PARTICULAR USE OF THE 2004 PROJECT OR ANY PART THEREOF OR AS TO THE FITNESS OF THE 2004 PROJECT FOR THE USE CONTEMPLATED BY DISTRICT OR ANY PART THEREOF, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT THERETO. THE DISTRICT ACKNOWLEDGES THAT THE CORPORATION IS NOT A CONTRACTOR OF THE 2004 PROJECT, THAT THE DISTRICT PURCHASES THE 2004 PROJECT "AS -IS", IT BEING AGREED THAT ALL OF THE AFOREMENTIONED RISKS %w/ ARE TO BE BORNE BY THE DISTRICT. IN NO EVENT SHALL CORPORATION BE LIABLE FOR AN INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE ACQUISITION, CONSTRUCTION, EXISTENCE, FURNISHING, FUNCTIONING OR DISTRICT'S USE OF ANY ITEM OR PRODUCTS OR SERVICES PROVIDED FOR IN THIS AGREEMENT. DISTRICT ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR DETERMINING THE SUITABILITY OF THE 2004 PROJECT FOR ITS INTENDED USE. ARTICLE IV SERIES 2004 INSTALLMENT PAYMENTS Section 4.01. Purchase Price. (a) The Purchase Price to be paid by the District hereunder to the Corporation is the sum of the principal amount of the District's obligations hereunder plus the interest to accrue on the unpaid balance of such principal amount from the effective date hereof over the term hereof, subject to prepayment as provided in Article VII. (b) The principal amount of the payments to be made by the District hereunder is set forth in Exhibit B hereto. (c) The interest to accrue on the unpaid balance of such principal amount is as specified in Section 4.02 and Exhibit B hereto, and shall be paid by the District as and constitute interest paid on the principal amount of the District's obligations hereunder. %W 8 1`✓ Section 4.02. Series 2004 Installment Payments. The District shall, subject to its rights of prepayment provided in Article VII, pay the Assignee the Purchase Price in installment payments of interest and principal in the amounts and on the Series 2004 Installment Payment Dates as set forth in Exhibit B hereto. Each Series 2004 Installment Payment shall be paid to the Assignee in lawful money of the United States of America. In the event the District fails to make any of the payments required to be made by it under this section, such payment shall continue as an obligation of the District until such amount shall have been fully paid and the District agrees to pay the same with interest accruing thereon at the rate or rates of interest then applicable to the remaining unpaid principal balance of the Series 2004 Installment Payments if paid in accordance with their terms. The obligation of the District to make the Series 2004 Installment Payments is absolute and unconditional, and until such time as the Purchase Price shall have been paid in full (or provision for the payment thereof shall have been made pursuant to Article IX), the District will not discontinue or suspend any Series 2004 Installment Payments required to be made by it under this section when due, whether or not the Water System, the 2004 Project or any part thereof is operating or operable or its use is suspended, interfered with, reduced or curtailed or terminated in whole or in part, and whether or not the 2004 Project has been completed, and such payments shall not be subject to reduction whether by offset or otherwise and shall not be %001 conditional upon the performance or nonperformance by any party of any agreement for any cause whatsoever. 9 ARTICLE V SECURITY Section 5.01. Pledge of Net Revenues. All Net Revenues are hereby irrevocably pledged to the payment of the Contracts and Bonds heretofore and hereafter issued. Section 5.02. Covenant to Budget and Appropriate. District covenants that it will include in its annual budget and appropriate for the following Fiscal Year the Series 2004 Installment Payments and other amounts due under this Agreement due on the Series 2004 Installment Payment Dates in such following Fiscal Year. The Series 2004 Installment Payments and other amounts due under this Agreement, any Bonds, any Contracts, including the Prior Contracts, are special obligations of District secured by an irrevocable and first lien of, and payable from, Net Revenues of District. District has met the tests set forth in the Prior Contracts and therefore, the Series 2004 Installment Payments are on a parity with the Installment Payments due under the Prior Contracts. The covenants on the part of District herein contained are deemed by District to be duties imposed by law and it shall be the duty of each and every public official of District to take such action and do such things as are required by law in the performance of the official duty of such officials to enable District to carry out and perform the covenants and agreements in the Agreement agreed to be carried out and performed by District. Section 5.03. Additional Contracts and Bonds. The District may at VA0 any time execute any Contract in accordance herewith; provided: (1) The Net Revenues for the most recent audited Fiscal Year preceding the date of adoption of the Board of Directors of the District of the resolution authorizing the execution of such Contracts, as evidenced by both a calculation prepared by the District and a special report prepared by an Independent Certified Public Accountant of such calculation on file with the District, shall have produced a sum equal to at least one hundred ten percent (110%) of the Debt Service for such Fiscal Year; and (2) The Net Revenues for the most recent audited Fiscal Year preceding the date of the execution of such Contract, including adjustments to give effect to increases or decreases in rates and charges for the Water Service approved and in effect as of the date of calculation, as evidenced by both a calculation prepared by the District and a special report prepared by an Independent Certified Public Accountant or independent financial advisor on such calculation on file with the District, shall have produced a sum equal to at least one hundred ten percent (110%) of the Debt Service for such Fiscal Year plus the Debt Service which would have accrued had such Contract been executed at the beginning of such Fiscal Year; and (3) The estimated Net Revenues for the then current Fiscal Year and for each Fiscal Year thereafter to and including the first complete Fiscal Year after the latest Date of Operation of any uncompleted Project, as evidenced by a certificate on file with the District, plus %W 10 (after giving effect to the completion of all uncompleted Projects) an %001 allowance for estimated Net Revenues for each of such Fiscal Years arising from any increase in the rates and charges estimated to be fixed and prescribed in the Water Service and which are economically feasible and reasonably considered necessary based on projected operations for such period, as evidenced by a certificate on file with the District, shall produce a sum equal to at least one hundred fifteen percent (115%) of the estimated Debt Service for each of such Fiscal Years, after giving effect to the execution of all Contracts estimated to be required to be executed or issued to pay the costs of completing all uncompleted Projects, assuming that all such Contracts have maturities, interst rates and proportionate principal repayment provisions similar to the Contract last executed or then being executed for the purpose of acquiring and constructing any of such uncompleted Projects. District shall not issue bonds or execute a contract the payment of which would be superior to the Series 2004 Installment Payments. District may issue bonds or execute a contract the payment of which are subordinate to the Series 2004 Installment Payments. Section 5.04. Investments. All moneys held by District shall be invested in investments authorized by law for the investment of District's funds and the investment earnings thereon shall remain on deposit in such fund, except as otherwise provided herein. ARTICLE VI *40 COVENANTS OF THE DISTRICT Section 6.01. Compliance with this Agreement and Ancillary Agreements. The District will punctually pay the Series 2004 Installment Payments in strict conformity with the terms hereof, and will faithfully observe and perform all the agreements, conditions, covenants and terms contained herein required to be observed and performed by it, and will not terminate this Agreement for any cause including, without limiting the generality of the foregoing, any acts or circumstances that may constitute failure of consideration, destruction of or damage to the 2004 Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State of California or any political subdivision of either or any failure of the Corporation to observe or perform any agreement, condition, covenant or term contained herein required to be observed and performed by it, whether express or implied, or any duty, liability or obligation arising out of or connected herewith or the insolvency, or deemed insolvency, or bankruptcy or liquidation of the Corporation or any force majeure, including acts of God, tempest, storm, earthquake, war, rebellion, riot, civil disorder, acts of public enemies, blockade or embargo, strikes, industrial disputes, lock outs, lack of transportation facilities, fire, explosion, or acts or regulations of governmental authorities. Section 6.02. Against Encumbrances. The District will not make any pledge of or place any lien on Revenues or the moneys in the Revenue Fund except as provided herein. District may at any time, or from time to time, issue Debt or incur other obligations for any lawful fir./ purpose which are payable from and secured by a pledge of and lien on Revenues or any moneys in the Revenue Fund as may from time to time be deposited therein (as provided in Section 5.02), provided that such pledge and lien shall be subordinate in all respects to the pledge of and lien thereon provided herein. Section 6.03. Against Sale or Other Disposition of Property. District will not enter into any agreement or lease which impairs the operation of the Water System or any part thereof necessary to secure adequate Revenues for the payment of the Installment Payments, or which would otherwise impair the rights of Corporation hereunder or the operation of the Water System. Any real or personal property which has become nonoperative or which is not needed for the efficient and proper operation of the Water System, or any material or equipment which has become worn out, may be sold if such sale will not impair the ability of District to pay the Installment Payments and if the proceeds of such sale are deposited in the Revenue Fund. Nothing herein shall restrict the ability of District to sell any portion of the Water System to a third party if such portion is immediately repurchased by District and if such arrangement does not by its terms permit such third party to exercise any remedy which would deprive District of or otherwise interfere with District's right to own and operate such portion of the Water System. Section 6.04. Against Competitive Facilities. District will not, to the extent permitted by law, acquire, construct, maintain or operate may/ and will not, to the extent permitted by law and within the scope of its powers, permit any other public or private agency, corporation, District or political subdivision or any person whomever to acquire, construct, maintain or operate within the jurisdiction of District any water system competitive with the Water System. Section 6.05. Tax Covenants. (a) Generally. District shall not take any action or permit to be taken any action within its control which would cause or which, with the passage of time if not cured would cause, the interest components of the Series 2004 Installment Payments to become includable in gross income for federal income tax purposes. (b) Private Activity. District shall assure that the proceeds of this Agreement are not so used as to cause this Agreement to satisfy the private business tests of Section 141(b) of the Internal Revenue Code of 1986, as amended (the "Code"), or the private loan financing test of Section 141(c) of the Code. (c) Arbitrage. District will not take any action or omit to take any action which action or omission, if reasonably expected on the date of this Agreement, would have caused this Agreement to be an "arbitrage bond" within the meaning of Section 148(a) of the Code. (d) Federal Guarantee. The Series 2004 Installment Payments are not directly guaranteed or indirectly guaranteed in whole or in part by r/ 12 the United States or any agency or instrumentality of the United States W so as to cause the Series 2004 Installment Payments to be "federally guaranteed" within the meaning of Section 149(b) of the Code. (e) Reimbursement Regulations. The proceeds of this Agreement used for reimbursement of prior expenditures will be made pursuant to and in compliance with Income Tax Regulations Section 1.150-2. (f) Information Reporting. District will take or cause to be taken all necessary action to comply with the informational reporting requirement of Section 149(e) of the Code. (g) Bank Qualified. District hereby designates this Agreement for purposes of paragraph (3) of Section 265(b) of the Code and represents that not more than $10,000,000 aggregate principal amount of obligations the interest on which is excludable (under Section 103(a) of the Code) from gross income for federal income tax purposes (excluding (i) private activity bonds, as defined in Section 141 of the Code, except qualified 501(c)(3) bonds as defined in Section 145 of the Code and (ii) current refunding obligations to the extent the amount of the refunding obligation does not exceed the outstanding amount of the refunded obligation), including this Agreement, has been or will be issued by District, including all subordinate entities of District, during calendar year 2004. (h) Miscellaneous. District will take no action inconsistent with its expectations stated in the Arbitrage and Tax Certificate and will comply with the covenants and requirements stated therein and `aw incorporated by reference herein. Section 6.06. Prompt Acquisition and Construction. District will take all necessary and appropriate steps to acquire and construct the Project, as agent of Corporation, with all practicable dispatch and in an expeditious manner and in conformity with law so as to complete the same as soon as possible. Section 6.07. Maintenance and Operation of the Water System. The District will maintain and preserve the Water System in good repair and working order at all times and will operate the Water System in an efficient and economical manner and will pay all Operation and Maintenance Costs as they become due and payable. Section 6.08. Payment of Claims. District will pay and discharge any and all lawful claims for labor, materials or supplies which, if unpaid, might become a lien on the Revenues or funds or accounts created hereunder or on any funds in the hands of District pledged to pay the Series 2004 Installment Payments or which might impair the security of the Series 2004 Installment Payments. Section 6.09. Compliance with Contracts. District will comply with, keep, observe and perform all agreements, conditions, covenants and terms, express and implied, required to be performed by it contained in all contracts for the use of the Water System and all other contracts affecting or involving the Water System, to the extent that District is a party thereto. `/ 13 "r.✓ Section 6.10. Insurance. (a) The District will, at its own expense, procure and maintain or cause to be procured and maintained insurance on the Water System with responsible insurers in such amounts and against such risks (including accident to or destruction of the Water System) as are usually covered in connection with facilities similar to the Water System so long as such insurance is available at reasonable rates. In the event of any damage to or destruction of the Water System caused by the perils covered by such insurance, the Net Proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the Water System. The District shall begin such reconstruction, repair or replacement promptly after such damage or destruction shall occur, and shall continue and properly complete such reconstruction, repair or replacement as expeditiously as possible, and shall pay out of such Net Proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall be completed and the Water System shall be free and clear of all claims and liens. If such Net Proceeds exceed the costs of such reconstruction, repair or replacement, then the excess Net Proceeds shall be applied in part to the prepayment of Series 2004 Installment Payments as provided in Article VII and in part to such other fund or account as may be appropriate and used for the retirement of Contracts in the same proportion which the aggregate unpaid principal balance of Series 2004 Installment Payments then bears to the aggregate unpaid principal amount of such Contracts. If such Net Proceeds are sufficient to enable the District to retire the entire obligation evidenced hereby prior to the final due date of the Series 2004 Installment Payments as well as the entire obligations evidenced by Contracts then remaining unpaid prior to their final respective due dates, the District may elect not to reconstruct, repair or replace the damaged or destroyed portion of the Water System, and thereupon such Net Proceeds shall be applied to the prepayment of Series 2004 Installment Payments as provided in Article VII and to the retirement of such Contracts. (b) The District will, at its own expense, procure and maintain such other insurance which it shall deem advisable or necessary to protect its interests and the interests of the Corporation, which insurance shall afford protection in such amounts and against such risks as are usually covered in connection with water systems similar to the Water System. (c) Any insurance required to be maintained by paragraph (a) above and, if the District determines to procure and maintain insurance pursuant to paragraph (b) above, such insurance, may be maintained under a self-insurance program so long as such self-insurance is maintained in the amounts and manner usually maintained in connection with water systems similar to the Water System and is, in the opinion of an accredited actuary, actuarially sound. 14 All policies of insurance required to be maintained herein shall itaw provide that the Corporation or its assignee shall be given thirty (30) days, written notice of any intended cancellation thereof or reduction of coverage provided thereby. Section 6.11. Accounting Records; Financial Statements and Other Reports. (a) District will keep appropriate accounting records in which complete and correct entries shall be made of all transactions relating to the Water System, which records shall be available for inspection by Corporation at reasonable hours and under reasonable conditions. (b) District will prepare and file with Corporation and Assignee annually within one hundred eighty (180) days after the close of each Fiscal Year (commencing with the Fiscal Year ending June 30, 2004) financial statements of District for the preceding Fiscal Year prepared in accordance with generally accepted accounting principles, together with an Accountant's Report thereon. Section 6.12. Protection of Security and Rights of Corporation. District will preserve and protect the security granted herein and the rights of Corporation to the Series 2004 Installment Payments hereunder and will warrant and defend such rights against all claims and demand of all persons. Section 6.13. Payment of Taxes and Compliance with Governmental Regulations. The District will pay and discharge all taxes, assessments and other governmental charges which may hereafter be lawfully imposed upon the Water System, or any part thereof or upon the revenues when the same shall become due. The District will duly observe and conform with all valid regulations and requirements or any governmental District relative to the operation of the Water System, or any part thereof, but the District shall not be required to comply with any regulations or requirements so long as the validity or application thereof shall be contested in good faith. Section 6.14. Amount of Revenues. District shall fix, prescribe and collect rates and charges for the Water System which will at least be sufficient to yield during each Fiscal Year Net Revenues are at least equal to one hundred fifteen per cent (115AL of Debt Service, District may make adjustments from time to time in such revenues and may make such classification thereof as it deems necessary, but shall not reduce the revenues then in effect unless the Net Revenues from such reduced revenues will at all times be sufficient to meet the requirements of this Section. Section 6.15. Collection of Rates and Charges. District will have in effect at all times by-laws, rules and regulations requiring each customer to pay to District the rates and charges applicable to the Water Service and providing for the billing thereof and for a due date and a delinquency date for each bill. In each case where a customer's bill remains unpaid in whole or in part after it becomes delinquent, District may discontinue such service from the Water System, and such customer's service shall not thereafter be recommenced except in 15 accordance with by-laws or rules and regulations governing such situations of delinquency. Section 6.16. Eminent Domain Proceeds. If all or any part of the Water System shall be taken by eminent domain proceedings, the Net Proceeds thereof shall be applied as follows: (a) If (1) the District files with the Corporation a certificate showing (i) the estimated loss of annual Net Revenues, if any, suffered or to be suffered by the District by reason of such eminent domain proceedings, (ii) a general description of the additions, betterments, extensions or improvements to the Water System proposed to be acquired and constructed by the District from such Net Proceeds, and (iii) an estimate of the additional annual Net Revenues to be derived from such additions, betterments, extensions or improvements, and (2) the District, on the basis of such certificate filed with the Corporation, determines that the estimated additional annual Net Revenues will sufficiently offset the estimated loss of annual Net Revenues resulting from such eminent domain proceedings so that the ability of the District to meet its obligations hereunder will not be substantially impaired (which determination shall be final and conclusive), then the District shall promptly proceed with the acquisition and construction of such additions, betterments, extensions or improvements substantially in accordance with such certificate and such Net Proceeds shall be applied for the payment of the costs of such acquisition and construction, and any balance of such Net Proceeds not required by the District for such purpose shall be deposited in the Revenue Fund. i✓ (b) If the foregoing conditions are not met, then such Net Proceeds shall be applied in part to the prepayment of Series 2004 Installment Payments as provided in Article VII and in part to such other fund or account as may be appropriate and used for the retirement of Contracts in the same proportion which the aggregate unpaid principal balance of Series 2004 Installment Payments then bears to the aggregate unpaid principal amount of such Contracts. Section 6.17. Further Assurances. District will adopt, deliver, execute and make any and all further assurances, agreements, instruments and resolutions as may be reasonably necessary or requested by Corporation to carry out the intention or to facilitate the performance hereof and for assuring and confirming unto Corporation of the rights and benefits provided to it herein. VA/ 16 W ARTICLE VII ?REPAYMENT OF SERIES 2004 INSTALLMENT PAYMENTS Sectior 7.01. Prepayment.(a) The District may or shall, as the case may be, prepay from the Net Proceeds as provided herein the Series 2004 Instal ment Payments in whole or in part on any date in the order of payment ate as directed by the District at a prepayment price equal to the sur of the principal amount prepaid plus accrued interest thereon to :he date of prepayment. (b) "te District may prepay the Series 2004 Installment Payments in whole i accordance with the following prepayment schedule: Prep a -.lent Dates (Inclusive) Prepayment Premium July 13, 2009 - January 13, 2016 102% July J3, 2016 - January 13, 2020 101$ July 13, 2020 and thereafter 100% Notu_=hstanding any such prepayment, the District shall not be relieved _f its obligations hereunder, including its obligations under Article V, until the Purchase Price shall have been fully paid (or provisio for payment thereof shall have been provided to the written satisfac_on of the Corporation). Section 7.02. Method of Prepayment. Before making any prepayment pursuant to Section 7.01, the District shall, within five (5) days followi7g the event permitting the exercise of such right to prepay or creatin such obligation to prepay, give written notice to the Corpora.ion describing such event and specifying the date on which the prepayrr:at will be paid, which date shall be not less than sixty (60) nor mo e than seventy-five (75) days from the date such notice is given. ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES OF THE CORPORATION cction 8.01. Events of Default and Acceleration of Maturities. If one c more of the following Events of Default shall happen, that is to say -- (1) if default shall be made by the District in the due and punc-Lal payment of any Series 2004 Installment Payment or any Contract when and as the same shall become due and payable; (2) if default shall be made by the District in the performance of any of the other agreements or covenants required herein to be per ormed by it, and such default shall have continued for a period of sixty (60) days after the District shall have been given notice in wri=ing of such default by the Corporation; or 17 (3) if the District shall file a petition or answer seeking arrangement or reorganization under the federal bankruptcy laws or any other applicable law of the United States of America or any state therein, or if a court of competent jurisdiction shall approve a petition filed with or without the consent of the District seeking arrangement or reorganization under the federal bankruptcy laws or any other applicable law of the United States of America or any state therein, or if under the provisions of any other law for the relief or aid of debtors any court of competent jurisdiction shall assume custody or control of the District or of the whole or any substantial part of its property; or (4) if payment of the principal of any Contract is accelerated in accordance with its terms; then and in each and every such case during the continuance of such Event of Default specified in clauses (3) and (4) above, the Corporation shall, and for any other such Event of Default the Corporation may, by notice in writing to the District, declare the entire principal amount of the unpaid Series 2004 Installment Payments and the accrued interest thereon to be due and payable immediately, and upon any such declaration the same shall become immediately due and payable, anything contained herein to the contrary notwithstanding. This Section, however, is subject to the condition that if at any time after the entire principal amount of the unpaid Series 2004 Installment Payments and the accrued interest thereon shall have been so declared due and payable and before any judgment or decree for the payment of the moneys due shall have been obtained or entered the District shall rr� deposit with the Corporation a sum sufficient to pay the unpaid principal amount of the Series 2004 Installment Payments or the unpaid payment of any other Contract referred to in clause (1) above due prior to such declaration and the accrued interest thereon, with interest on such overdue installments, at the rate or rates applicable to the remaining unpaid principal balance of the Series 2004 Installment Payments or such Contract if paid in accordance with their terms, and the reasonable expenses of the Corporation, and any and all other defaults known to the Corporation (other than in the payment of the entire principal amount of the unpaid Series 2004 Installment Payments and the accrued interest thereon due and payable solely by reason of such declaration) shall have been made good or cured to the satisfaction of the Corporation or provision deemed by the Corporation to be adequate shall have been made therefor, then and in every such case the Corporation, by written notice to the District, may rescind and annul such declaration and its consequences; but no such rescission and annulment shall extend to or shall affect any subsequent default or shall impair or exhaust any right or power consequent thereon. Section 8.02. Application of Funds Upon Acceleration. Upon the date of the declaration of acceleration as provided in Section 8.01, all Revenues thereafter received by the District shall be applied in the following order -- First, to the payment, without preference or priority, and in the event of any insufficiency of such Revenues ratably without any discrimination or preference, of the fees, costs and expenses of the 18 1 Ln Corporation if any, in carrying out the provisions of this article, including reasonable compensation to their respective accountants and counsel; Second, to the payment of the Operation and Maintenance Costs; and Third, to the payment of the entire principal amount of the unpaid Series 2004 Installment Payments and the unpaid principal amount of all Contracts and the accrued interest thereon, with interest on the overdue installments at the rate or rates of interest applicable to the Series 2004 Installment Payments and such Contracts if paid in accordance with their respective terms. Section 8.03. Other Remedies of the Corporation. The Corporation shall have the right -- (a) by mandamus or other action or proceeding or suit at law or in equity to enforce its rights against the District or any director, officer or employee thereof, and to compel the District or any such director, officer or employee to perform and carry out its or his duties under the Act and the agreements and covenants required to be performed by it or him contained herein; (b) by suit in equity to enjoin any acts or things which are unlawful or violate the rights of the Corporation; or (c) by suit in equity upon the happening of an Event of Default to require the District and its directors, officers and employees to account as the trustee of an express trust. Notwithstanding anything contained herein, the Corporation shall have no security interest in or mortgage on the 2004 Project or the Water System and no default hereunder shall result in the loss of the 2004 Project or the Water System. Section 8.04, Non -Waiver. Nothing in this article or in any other provision hereof shall affect or impair the obligation of the District, which is absolute and unconditional, to pay the Series 2004 Installment Payments to the Corporation at the respective due dates or upon prepayment from the Net Revenues, the Revenue Fund and the other funds herein pledged for such payment, or shall affect or impair the right of the Corporation, which is also absolute and unconditional, to institute suit to enforce such payment by virtue of the contract embodied herein. A waiver of any default or breach of duty or contract by the Corporation shall not affect any subsequent default or breach of duty or contract or impair any rights or remedies on any such subsequent default or breach of duty or contract. No delay or omission by the Corporation to exercise any right or remedy accruing upon any default or breach of duty or contract shall impair any such right or remedy or shall be construed to be a waiver of any such default or breach of duty or contract or an acquiescence therein, and every right or remedy conferred upon the Corporation by the Law or by this article may be enforced and exercised from time to time and as often as shall be deemed expedient by the Corporation. 19 %0/ If any action, proceeding or suit to enforce any right or exercise any remedy is abandoned or determined adversely to the Corporation, the District and the Corporation shall be restored to their former positions, rights and remedies as if such action, proceeding or suit had not been brought or taken. Section 8.05. Remedies Not Exclusive. No remedy herein conferred upon or reserved to the Corporation is intended to be exclusive of any other remedy, and each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing in law or in equity or by statute or otherwise and may be exercised without exhausting and without regard to any other remedy conferred by the Law or any other law. Section 8.06. Assignee to Exercise Rights. Such rights and remedies as are given to Corporation under this Article VIII have been assigned by Corporation to the Assignee and shall be exercised solely by the Assignee. feiW" C6E450B DISCHARGE OF OBLIGATIONS Section 9.01. Discharge of Obligations. When (a) all or any portion of the Series 2004 Installment Payments shall have become due and payable in accordance herewith or a written VAW notice of the District to prepay all or any portion of the Series 2004 Installment Payments shall have been filed with the Corporation; and (b) there shall have been deposited with an escrow agent at or prior to the Series 2004 Installment Payment Dates or date (or dates) specified for prepayment, in trust for the benefit of the Corporation or its assigns and irrevocably appropriated and set aside to the payment of all or any portion of the Series 2004 Installment Payments, sufficient moneys and non -callable securities issued by Treasury Department of the United States of America, the principal of and interest on which when due will provide money sufficient to pay all principal, prepayment premium, if any, and interest of such Series 2004 Installment Payments to their respective Series 2004 Installment Payment Dates or prepayment date or dates, as the case may be; and (c) if an opinion of bond counsel acceptable to the Corporation is filed with the Corporation to the effect that the actions authorized by and taken pursuant to this Article IX shall not adversely affect the tax exempt status of the interest portion of the Series 2004 Installment Payments, the right, title and interest of the Corporation herein and the obligations of the District hereunder shall, with respect to all or such portion of the Series 2004 Installment Payments as have been so provided for, thereupon cease, terminate, become void and be completely discharged and satisfied (except for the obligation of the District to have such moneys and such permitted investments described in paragraph (b) above applied to the payment of such Series 2004 Installment Payments). In such event, upon request of the District rW 20 the Corporation shall execute and deliver to the District all such instruments as may be necessary or desirable to evidence such total or partial discharge and satisfaction, as the case may be. ARTICLE X MISCELLANEOUS Section 10.01. Liability Limited. Notwithstanding anything contained herein, District shall not be required to advance any moneys derived from any source of income other than the Revenues, the Revenue Fund and the other funds provided herein for the payment of amounts due hereunder or for the performance of any agreements or covenants required to be performed by it contained herein. District may, however, advance moneys for any such purpose so long as such moneys are derived from a source legally available for such purpose and may be legally used by District for such purpose. The obligation of District to make the Installment Payments is a special obligation of District payable solely from the Net Revenues, and does not constitute a debt of District or of the State of California or of any political subdivision thereof in contravention of any constitutional or statutory debt limitation or restriction. Section 10.02. Benefits of this Agreement Limited to Parties. Subject to Sections 10.03 and 10.07, nothing contained herein, expressed or implied, is intended to give to any person other than the District or the Corporation any right, remedy or claim under or pursuant hereto, and any agreement or covenant required herein to be performed by or on behalf of the District or the Corporation shall be for the sole and exclusive benefit of the other party. Section 10.03. Successor Deemed Included in all References to Predecessor. Whenever either the District or the Corporation is named or referred to herein, such reference shall be deemed to include the successor and assigns to the powers, duties and functions that are presently vested in the District or the Corporation, and all agreements and covenants required hereby to be performed by or on behalf of the District or the Corporation shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not. Section 10.04. Waiver of Personal Liability. No director, officer or employee of the District shall be individually or personally liable for the payment of the Series 2004 Installment Payments, but nothing contained herein shall relieve any director, officer or employee of the District from the performance of any official duty provided by any applicable provisions of law or hereby. Section 10.05. Article and Section Headings. Gender and References. The headings or titles of the several articles and sections hereof and the table of contents appended hereto shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof, and words of any gender shall be deemed and construed to include all genders. All references herein to "Articles," "Sections" and other subdivisions or clauses are to the corresponding articles, 21 L'J sections, subdivisions or clauses hereof; and the words "herein," "hereof," "hereto," "herewith" herein, hereof, hereto, herewith and other words import refer to this Agreement as a whole and not to any article, section, subdivision or clause hereof. "hereby," of similar particular Section 10.06. Partial Invalidity. If any one or more of the agreements or covenants or portions thereof required hereby to be performed by or on the part of the District or the Corporation shall be contrary to law, then such agreement or agreements, such covenant or covenants or such portions thereof shall be null and void and shall be deemed separable from the remaining agreements and covenants or portions thereof and shall in no way affect the validity hereof. The District and the Corporation hereby declare that they would have executed this Agreement, and each and every other article, section, paragraph, subdivision, sentence, clause and phrase hereof irrespective of the fact that any one or more articles, sections, paragraphs, subdivisions, sentences, clauses or phrases hereof or the application thereof to any person or circumstance may be held to be unconstitutional, unenforceable or invalid. Section 10.07. Assignment. This Agreement and any rights hereunder may be assigned by the Corporation, as a whole or in part, at any time upon filing with the District an assignment or notice of assignment. No such assignment shall be effective as against the District unless and until the Corporation shall have filed with the District a copy of such assignment or written notice thereof. The District shall pay all Installment Payments hereunder pursuant to the direction of the Corporation or the assignee named in the most recent assignment or notice of assignment filed with the District. During the term of this Agreement. the District shall keep a complete and accurate record of all such assignments or notices of assignment. Section 10.08. Net Contract. This Agreement shall be deemed and construed to be a net contract, and the District shall pay absolutely net during the term hereof the Installment Payments and all other payments required hereunder, free of any deductions and without abatement, diminution or set-off whatsoever. Section 10.09. California Law. THIS AGREEMENT SHALL BE CONSTRUED AND GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA. Section 10.10. Notices. All written notices to be given hereunder shall be given by United States mail, postage prepaid in certified or registered form or personal delivery, to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other party in writing from time to time, namely: If to the District: East Valley Water District 1155 Del Rosa Avenue; P.O. Box 3427 San Bernardino, CA 92413 Attention: General Manager If to the Corporation: Municipal Finance Corporation 23945 Calabasas Road, Suite 103 Calabasas, California 91302 22 Atte.tion: President Section 10.11. Effect -e Date. This Agreement shall become effective upon its execution and delivery, and shall terminate when the Purchase Price shall have be n fully paid (or provision for the payment thereof shall have been raie to the written satisfaction of the Corporation). Section 10.12. Execut-cn in Counterparts. This Agreement may be executed in several count rparts, each of which shall be deemed an original, and all of whi.h shall constitute but one and the same instrument. Section 10.13. Ind unification of the Corporation and the Assignee. The District herby agrees to indemnify and hold harmless the Corporation and the Assig: i?e if and to the extent permitted by law from and against all claims, rJvances, damages and losses, including legal fees and expenses, arisir.f out of or in connection with the acceptance or the performance of it duties hereunder, the ownership of any item of the Water System, the use, operation, condition, purchase, possession of the Water fystem, or an accident or damage to property or injury or death to any person resulting therefrom; provided that no indemnification will be .z:de for gross negligence or willful misconduct or the breach of an oblifation hereunder. Section 10.12. Ame`jmentS Permitted. This Agreement and the rights and obligations of the 'orporation and the District may be modified or amended at any time by en amendment hereto which shall become binding with the written cons :.t of the Corporation, the District and the Assignee. IN WITNESS WHERE F', Corporation and District have caused their authorized officers t) execute this Agreement as of the date first written above. CORPORATION: MUNICIPAL FINANCE CORPORATION By: Title: DISTRICT: EAST VALLEY WATER DISTRICT By: Title: 23 %&*W EXHIBIT B SCHEDULE OF SERIES 2004 INSTALLMENT PAYMENTS PMT Due Date Installment To To # Payment Principal Interest 1 $381,773.78 $156,773.78 225,000.00 2 381,773.78 160,301.19 221,472.59 3 381,773.78 163,907.97 217,865.61 4 381,773.78 167,595.90 214,177.88 5 381,773.78 171,366.80 210,406.98 6 381,773.78 175,222.56 206,551.22 7 381,773.78 179,165.06 202,608.72 8 381,773.78 183,196.28 198,577.50 9 381,773.78 187,318.19 194,455.59 10 381,773.78 191,532.85 190,240.93 11 381,773.78 195,842.34 185,931.44 12 381,773.78 200,248.80 161,524.98 13 381,773.78 204,754.39 177,019.39 14 381,773.78 209,361.37 172,412.41 15 381,773.78 214,072.00 167,701.78 16 381,773.78 218,888.62 162,885.16 17 381,773.78 223,813.61 157,960.17 18 381,773.78 228,849.42 152,924.36 19 381,773.78 233,998.53 147,775.25 20 381,773.78 239,263.50 142,510.28 21 381,773.78 244,646.93 137,126.85 �r 22 381,773.78 250,151.48 131,622.30 23 381,773.78 255,779.89 125,993.89 24 381,773.78 261,534.94 120,238.84 25 381,773.78 267,419.47 114,354.31 26 381,773.78 273,436.41 108,337.37 27 381,773.78 279,588.73 102,185.05 28 381,773.76 285,879.48 95,894.30 29 381,773.78 292,311.77 89,462.01 30 381,773.78 298,888.78 82,885.00 31 381,773.78 305,613.78 76,160.00 32 381,773.78 312,490.09 69,283.69 33 381,773.78 319,521.12 62,252.66 34 381,773.78 326,710.34 55,063.44 35 381,773.78 334,061.32 47,712.46 36 381,773.78 341,577.70 40,196.08 37 381,773.78 349,263.20 32,510.58 38 381,773.78 357,121.62 24,652.16 39 381,773.78 365,156.86 16,616.92 40 381,773.78 373,372.93 8,400.85 TOTALS: $15,270,951.2-Q $10.000.000.00 $5.270.951.20 M1 %W on % Or ASSIGNMENT OF INSTALLMENT SALE #04 -058 -AF FOR VALUE RECEIVED, MUNICIPAL FINANCE CORPORATION ("Corporation") as assignor without recourse does hereby sell, assign, and transfer to CITIZENS BUSINESS BANK ("Assignee") its right, title and interest in and to the attached Installment Sale Agreement #04 -058 -AF dated as of July 13, 2004 between the Corporation and EAST VALLEY WATER DISTRICT ("District"), as District (hereinafter said Installment Sale Agreement and any supplements, amendments, additions thereof and any extension or renewals thereof is referred to as the "Agreement") and (ii) all moneys, sums and amounts now due or hereinafter to become due under the Agreement. Corporation represents that the Agreement delivered to Assignee is a duly executed original and comprises the entire writing, obligation and agreement between Corporation and District. Corporation further represents and warrants that it has made no prior sale or assignment of any interest covered hereby; that the Agreement is genuine and in all respects is what it purports to be; that Assignee shall not be liable for and does not assume responsibility for the performance of any of the covenants, agreements, or obligations specified in the Agreement to be kept, paid or performed by Corporation with exception of Assignee's obligation to issue notices upon District's default of the Agreement. The Corporation further represents and warrants that as of the date this Assignment is made, the Agreement is in full force and effect, has not been amended except as set forth in instrument delivered to Assignee and the District is not in default of any terms thereunder, rr/ Corporation hereby constitutes and irrevocably appoints Assignee the true and Lawful attorney of Corporation to demand, receive and endorse payments and to give receipts, releases and satisfactions either in the name of Assignee or in the name of Corporation in the same manner and with the same effect as Corporation could do if this Assignment of Installment Sale had not been made. This Assignment of Installment Sale shall be construed and governed in accordance with the laws of the State of California. Any provision of this Assignment of Installment Sale found to be prohibited by law shall be ineffective only to the extent of such prohibition, and shall not invalidate the remainder of this Assignment of Installment Sale. This Assignment of Installment Sale shall be binding upon and inure to the benefit of the parties and their respective successors and assigns and is made in accordance with the Municipal Lease Placement Agreement dated as of January 1, 1999, as amended, entered into between Corporation and Assignee. In the case of litigation, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including attorneys' fees which may be the allocable cost of in-house counsel, incurred by the prevailing party in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereof. %W IN WITNESS WHEREOF, the Corporation has caused this Assignment of Installment Sale to be executed by its duly authorized agent on the date specified below. MUNICIPAL FINANCE CORPORATION By: Title: Date: ACKNOWLEDGEMENT OF ASSIGNMENT The undersigned hereby acknowledges the assignment by MUNICIPAL FINANCE CORPORATION over to CITIZENS BUSINESS BANK of that certain Installment Sale Agreement #04 -058 -AF dated as of July 13, 2004 (the "Agreement"), entered into between MUNICIPAL FINANCE CORPORATION as seller and the undersigned as purchaser. With respect to the Agreement, the undersigned agrees to pay, commencing with the first scheduled Installment Payment, all Installment Payments and moneys due or to become due under the Agreement to CITIZENS BUSINESS BANK, 701 North Haven Avenue, Suite 350, Ontario, California, 91764 and further agrees it shall have no counterclaim or offset against Installment Payments due thereunder as to said Assignee and expressly further agrees that said Assignee shall not (except for the obligations specifically set forth in the foregoing V Assignment of Installment Sale) be liable for any of the obligations or burdens of the seller under the Agreement. IN WITNESS WHEREOF, District has caused this Acknowledgment of Assignment to be executed by its authorized agent on the date specified below. EAST VALLEY WATER DISTRICT us Title: Date: %W %0/ ARBITRAGE AND TAX CERTIFICIrE #04 -058 -AF The undersigned hereby certifieE that he/she is a duly appointed authorized agent of the EAST VALLEY WATER DISTRICT (the "District") for the purpose of executin1 and delivering, on behalf of the District, the Installment Sale Agreement #04 -058 -AF dated July 13, 2004 (the "Agreement"), by ar.3 between MUNICIPAL FINANCE CORPORATION (the "Corporation ") as Corporation and the District as District. This Certificate is beinc issued pursuant to Section 148 of the Internal Revenue Code )f 1986 (the "Code"), and Treasury Regulations, Sections - .148-1 through 1.148-11 promulgated thereunder (the "Regulat`ons"). The following facts, estimates and circumstances are in e:;.istence on the date of this Arbitrage and Tax Certificate or are. reasonably expected to occur hereafter. 1. Under the Agreement, the. Corporation is required to acquire and construct the property described in the Agreement (the 112004 Project"), and to sell the 20)= Project to the District; and the District is required to purcha:f. the Project from Corporation by making Series 2004 Installment Fayments with respect thereto, comprising principal and interest, ca the dates and in the amounts set forth in the Agreement. 2. On the date of issuance Df the Agreement, the District will receive not less than $10,C23,000.00 from the Corporation. Such moneys will be deposited wit}'. the District and used, together r✓ with interest earnings thereon, tc pay the Project Costs. 3. The District on behalf cf the Corporation, will proceed to acquire and construct the Proj=::t with due diligence and, based upon the provisions of the pit.,chase contracts, delivery and acceptance of the Project is scheduled to occur on or before but in no case later than three years from the issuance of the Agreement. 4. The original proceeds c'_ the Agreement plus the interest earned thereon, will not exceed by more than 596 the amount necessary for the governmental pirpose for which the Agreement is issued. 5. The yield of the Agrecaent, without taking into account costs of issuance thereon, ar3 on the basis of the initial reoffering price of the Agreeme:t to the District thereof, is not less than 4.500000%. 6. No sinking fund, res ;-ve fund or replacement fund will be maintained for the paymen of the Series 2004 Installment Payments due under the Agreemer:. 7. The 2004 Project h:: not been, and is not expected during the term of the Agreeme t, to be sold or otherwise disposed of by the District. 8. In the event the District does not expend all proceeds %0/ of the Agreement within three years of the date hereof, District will comply with the arbitrage rebate provisions under Section 148 of the Code with respect to timeliness and amounts that may be required for remittance to the United States Treasury. 9. To the best of the undersigned, the expectations of are reasonable; and there are circumstances which would change knowledge and belief of the the District, as set forth above, no present facts, estimates and the foregoing expectations. IN WITNESS WHEREOF, the party hereto has caused its authorized agent to execute this Arbitrage and Tax Certificate on the date specified below. EAST VALLEY WATER DISTRICT M Title Date n *AV 2 CERTIFICATE OF DISTRICT The undersigned, duly authorized representative of East Valley Water District ("District"), as purchaser, under that Installment Sale Agreement #04 -05B -AF dated as of July 13, 2004 ("Agreement") with Municipal Finance Corporation, as seller, hereby certifies as follows: 1. I hold the position noted below and have been duly authorized to execute and deliver, on behalf of District, the Agreement and related documents pursuant to a resolution adopted by District's governing body, an original or certified copy of which is attached hereto. Name of Authorized Representative (Print or Type) Title (Print or Type) District has complied with all agreements and covenants and satisfied all conditions contemplated by the Agreement on its part to be performed or satisfied on or before the date hereof. 3. The representations, warranties and covenants of District contained in the Agreement are true and correct in all material respects as of the date hereof, as if made on this date. 4. No litigation is pending or, to the best of my knowledge, threatened (either in state or federal courts) (a) to restrain or enjoin the issuance and delivery of the Agreement or the collection of revenues to be used to meet District's obligations under the Agreement; (b) in any way contesting or affecting the District for the execution or delivery of the Agreement, or the validity of the Agreement; (c) in any way contesting the existence or powers of District, as such existence or powers in any way relate to the issuance of the Agreement or District's obligations under the Agreement, or (d) could materially adversely affect the financial position of District. The 2004 Project being purchased pursuant to the Agreement is essential to the function of District and is immediately needed by District. Such need is neither temporary nor expected to diminish during the term of the Agreement. The 2004 Project is expected to be used by District for a period in excess of the term of the Agreement. The meaning of the capitalized terms in this Certificate are the same as those provided in the Agreement. Date: INCUMBENCY AND SIGNATURE CERTIFICATE `w/ I do hereby certify that I am the duly appointed and acting Secretary of the Board of the East Valley Water District, a public corporation validly existing under the Constitution and laws of the State of California (the "District"), and that, as of the date hereof, the individual named below is the duly appointed officer of the District holding the office set forth opposite his/her respective name. I further certify that (i) the signature set forth opposite his/her respective name and title is true and authentic and (ii) such officer has the authority on behalf of the District to enter into that certain Installment Sale Agreement #04 -058 -AF dated July 13, 2004, by and between the District and Municipal Finance Corporation and all documents related thereto. Name Title Signature IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal of the District hereto this day of , 2004. %00, Secretary of the Board %W DISBURSEMENT AUTHORIZATION CERTIFICATE This certificate requesting disbursement from the Project Fund to pay the 2004 Project costs (or to reimburse District for payment of the 2004 Project costs) is made pursuant to Section 3.01 of Installment Sale Agreement #04 -058 -AF dated July 13, 2004 ("Agreement") by and between East Valley Water District ("District") and Municipal Finance Corporation ("Corporation"). The District representative hereby states and certifies: 1) That the undersigned is a duly authorized representative of the District for executing documents and certificates related to the subject Agreement and is familiar with the facts herein certified and is authorized and qualified to certify the same. 2) That the requisition number for this disbursement is 3) That Corporation is hereby directed to make payment pursuant to Section 3.01 of the Agreement from the Project Fund as follows: Payee Name: Payee Address: Amount: $ %w/ 4) That each obligation mentioned herein is a proper charge against the Project Fund and has not been previously disbursed by District from amounts in the Project Fund. 5) That all conditions precedent set forth in this Agreement with respect to such disbursement have been satisfied; and a) That the amount of this disbursement is for a 2004 Project cost; and b) That the following specifies in detail the nature of each obligation attached hereto: ; and c) That attached hereto is the bill or statement of account for each obligation EAST VALLEY WATER DISTRICT ARCHITECT: Date: %W By: Date: Vo %,W *SAMPLE ONLY* (PLEASE PREPARE ON COUNSEL'S LETTERHEAD AND FORWARD 1 ORIGINAL TO ADDRESSEE) MUNICIPAL FINANCE CORPORATION 23945 Calabasas Road, Suite 103 Calabasas, CA 91302 RE: Installment Sale Agreement #04 -058 -AF dated as of July 13, 2004 by and between MUNICIPAL FINANCE CORPORATION, (the "Corporation") as seller, and EAST VALLEY WATER DISTRICT (the "District") as purchaser Ladies and Gentlemen: I have acted as counsel to District with respect to the Installment Sale Agreement described above (the "Agreement") and in this capacity have reviewed a copy of the executed Agreement and related documents or exhibits attached thereto. Based upon the examination of these and such other documents as I deem relevant, it is my opinion that: 1. District is a public corporation and political subdivision of the State of California (the "State"), duly organized, existing and operating under the Constitution and Laws of the State. 2. District is authorized and has the power under applicable law to enter into the Agreement, and to carry out its obligations thereunder and the transactions contemplated thereby. 3. The Agreement has been duly authorized, approved, executed and delivered by and on behalf of District, and is a valid and binding contract of District enforceable in accordance with its terms, except to the extent limited by State and Federal laws affecting remedies and by bankruptcy, reorganization or other laws of general application relating to or affecting the enforcement of creditors rights. 4. A resolution authorizing the execution and delivery of the Agreement was duly and validly adopted by the governing body of the District on July 13, 2004 and such resolution has not been amended or repealed and remains in full force and effect. MUNICIPAL FINANCE CORPORATION NAWO RE: Installment Sale Agreement #04 -058 -AF dated a: of July 13, 2004 by and between MUNICIPAL FINANCE C)RPORATION, (the "Corporation") as seller, and EAST VALLEY W..TER DISTRICT (the "District") as purchaser. (Date) Page 2 S. There is no litigation, action, suit or proceeding pending or, to the best of my knowledge after due inquiry threatened before any court, administrative agency, arbitrator or go72!rnmental body that challenges the District of District to enter into the Agreement or the ability of District to perform its obligations und,r the Agreement and the transactions contemplated thereby. This opinion may be relied upon by Municipal Fina.ce Corporation, its successors and assigns. Dated: Very truly yours, Please type name and title under signature. %001 %W 2 ` AV Mr. Gribas was not present. No action was taken. REQUEST FROM LORIE ALLEN TO ADDRESS THE BOARD ABOUT VARIOUS ISSUES OF CONCERN. Ms. Allen was not present. No action was taken. RESOLUTION 2002.24 - PIPELINE LICENSE AGREEMENT FROM SAN MANUEL BAND OF SERRANO MISSION INDIANS was presented to the Board for acceptance. The General Manager and Legal Counsel recommended approval of Pipeline License Agreement. M/S/C (Wilson-Negrete) that Resolution 2002.24 be accepted. DISCUSSION AND POSSIBLE ACTION REGARDING S -P EAST HIGHLANDS, LLC AGREEMENT TO ADJUST BOUNDARIES AND RELOCATE WATER FACILITIES. Mr. Camille Bahr! of Spring Pacific Properties was present to address concerns about the project. 1111111,11f M/S/C (Wilson-Negrete) that the Agreement be approved in concept, subject to concurrence by the General Manager and Legal Counsel, and that the Board President be authorized to sign the final amended Agreement. *0 REVIEW OF BOARD POLICY ON DIRECTORS' REIMBURSEMENT OF FEES AND EXPENSES. Director Lightfoot stated that he did not agree with the need for a "special fund" and emphasized that all expenditures should be clearly defined. Director Sturgeon stated that he was comfortable with the current Board Policy on Director's Expenses. Director Negrete stated that he would support the distribution of $5,000 to each Director for expenses per fiscal year for travel, meals, lodging and registration fees. Director Wilson suggested an increase of $1,000 be authorized to a maximum of $7,000 for each Board Member and a maximum of $8,000 for the Board President per fiscal year for travel, meals, lodging and registration fees. President Goodin stated that he considered the allowance under the current Board Policy to be adequate. 4 MNUTrES::06 1 voz )14-/L M/S/C (Wilson-Negrete) that the expenses for each Board Member be increased %00 by $1,000 to a maximum of $7,000 for each Board Member and $8,000 for the Board President. DIRECTOR STURGEON VOTED NO. PRESIDENT GOODIN VOTED NO. THE MOTION WAS CARRIED BY A 3-2 VOTE DISCUSSION AND POSSIBLE ACTION REGARDING REMOVING PIPE EASEMENT AT 28342 BURNS STREET, HIGHLAND, CA. M/S/C (Sturgeon -Lightfoot) that Legal Counsel be authorized to prepare a resolution to vacate and that the General Manager be authorized to sign the document for processing. MAY 31, 2002 RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on May 31, 2002 was reviewed. Information only. GENERAL MANAGER'S REPORT \r/ The General Manager reported on district operations to date; that training with the new billing software was in process; that the Perchlorate Conference preparation is ongoing; that presentations by the Board President had been made for the winners of the District's first Poster Contest; that some of the winning posters will be placed on the District's Web Site and reproduced onto T -Shirts to promote the District's Water Conservation Program. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS. Director Wilson expressed appreciation and recognition for the work by Jo McAndrews on the Poster Contest. Information only. President Goodin introduced Steve Copelan, SBVMWD, who handed out information regarding the State Water Project and related costs. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. STATE OF THE COUNTY ADDRESS - RADISSON HOTEL & CONVENTION CENTER, JUNE 13, 2002. Information only. ASBCSD MEMBERSHIP MEETING — WOODY'S COCKY BULL, VICTORVILLE, CA., JUNE 17, 2002. Information only. 5 N(rNUTES:06111/02 East Vagi Water District Memorandum To: Brian Tompkins cc: Accounting From: Robert E. Martin Date: June 14, 2002 Re: Directors' Expenses une 11, 2002 Regular Board Meeting, a motion was made to he annual expense for each Board Member's by $1,000 per fiscal maximum of $7,000 for each Board Member and $8,000 for the Roa�,d3 President. This motion to increase the Directors' expenses was car'.,iecl by a 3-2 vote with an effective date of July 1, 2002. 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MONTH OF: June 200 Board Meetings: 8th & 22nd Conferences and Other Meetings Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: ------ —Organization Description Date:. Orga-nization Description Date:,.Organifelition' Description Date: 7Organization ..: V Dacnptiori ...... s Da Organization Description I%w Dater a.nizati6,n;., Description Date: Organization Description Date: Organization Description Date:— Organization Description Date:— Organization Description Date: Organization Description Personal Auto: TOTAL # OF MEETINGS _2 @125.00each_ $ 250.00 Miles x .376 per mile— $_ Parking Fees $- Total Lodgings, Meals &Other. (Details on Back) EAC Fee $ 20.00 4111111110 Signed Date of Board Approval 07/13/2004 Total Director's Expenses _$--2 0.00 � Total Director's Meetings& Expenses $ 2 7 0.0 0 Less any Advance Payments_ $ TOTAL DUE DIRECTOR 270.00 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT _TOR: Don Goodin MONTH OF: June, 2004 `✓ Board Meetings: 8 22 Conferences and Other Meetings Date: 2 Organization PA 680 Description Education Date: 12 Organization PA 680 Description Education Date: 17 Organization WRI Description Quarterly Issues Breakfast Date: 21 Organization Special Districts Description Education Date: 23 24.25 Organization WESTCAS Description CONFERENCE Date: 29 Organization EVWD Description Rate Hearing Date: Organization Description Date: Organization 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 10 06.125.00 each— $—. 1250.00 Personal Auto: 230 Miles x .375 per mile_ $ 86.25 Parking Fees $ 16.00 Total Lodgings. Meals & Other: (Details on Back) $ 625.68 Total Director's Expenses $---127.93 Total Director's Meetings & Expenses $ 1977.93 *4119igned L�1.L _�dQ� Less any Advance Payments $ Date of Board Approval JuLY 13, 2004 TOTAL DUE DIRECTOR $ - 1977.93 qftw on Lodgings: (Receipts attached) Date: 23 Function Attended WESTCAS $ 182.33 Date: 24 Function Attended WESTCAS $ 182.33 Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ 364.6( Meals: (Receipts attached) Date: 21 Function Attended Special Districts $ 28.0( Function Date: 23 Function Attended WESTCAS $ 58.7E Date: 24 Function Attended WESTCAS $ 24.2: Date: 25 Function Attended WESTCAS $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ 111.0 Other: (Receipts attached) Date: Function Attended WESTCAS $ 150.0 Date: Function Attended $ Date: Function Attended $ SUBTOTAL $ 150.0 TOTAL LODGINGS, MEALS AND OTHER $ 625. E (Enter this total on the front of form) EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT TOR: G)/L.snIJ MONTH OF: au/Jr aC� `fir✓ leetings: C IF .; 6-/2 z6 X m i ,rences and Other Meetings Date: 6/ 7 Organization Fy a 0 4&)Alep s Description FA i4 FA x sc-Ha C L Date: GIG Organization E vw0 Description wr c w/ Did 4169,PcdQ' Date: ch -7 Organization w A I Description 4u -P afy Date: (.//g Organization G 8 8 Description NSG Z)61,1 54-P-47, Date: 6 I2 i Organization 5 B 1/ M ul A Descriptionvii µfm . Date: G 2 Or anizatifi--'v w 9 Description n T 6 w Fjoh nav7;rDate:i i Description Date: Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Personal Auto: TOTAL # OF MEETINGS c_ @125.00 each, $ 112 b Miles x .36 per mile` $ Parking Total Lodgings, Meals & Other: (Details on Back) $ Signed Date of Board Approval 06edors Fees and Eaoenss Report 2001 Total Director's Expenses $ Total Director's Meetings & Expenses $ [ 12 6 - Less any Advance Payments $ 14L TOTAL DUE DIRECTOR $ 1 1 2:C' LQ�gings: (Receipts attached) Attended WO, Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ Meals: (Receipts attached) Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Other: (Receipts attached) x SUB TOTAL $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ V TOTAL LODGINGS, MEALS AND OTHER $ (Enter this total on the front of form) JUL-07-2004 02:36 PM NEGRETE•GENERRL.00HTRRCT 909 SB3 6684 p, 01 EAST VALLEY WATER DISTRICT I%0d 'V DIRECTOR., l / L - L T (lz� c--- / C- Board Meeti•�, s: _ Con ere oes,:.,id Other Meetings _ Date:,, Organization. �': l.t ` �• Date:,_... _ Organization Date:_,,.,Organization L �. C C �,✓��, Date: Organization vescnpuon_ MOUTH OF: 7a/ v t_.— Date:__ Organization Description- Date:---,. Organization Description_ Date:.,, Organization Description- Date:­. Organization Description - Date:__,•_ • Organization Description_ Date;- ,Organization Description- escription_ Date:­ Date: • Organization Description_ Dater ^Organization Description_ Date:l, _Organization Description_ Date:— ,__-_Organization Description_ Date:__. „Organization Description,_ TOTAL # OF MEETINGS �_ @125.00 each— $ Personal Auto: Miles x .375 _ per miler Parking Fees Total Lodgings t:eats & Other: (Details on Back) Total Director's Expenses r0 I) Sotal Director's Meetings & Expenses `5 Signed y Less any Advance Payments $ o Date of Board A )roval TOTAL DUE DIRECTOR $ Mr 3 DIRECTOR: EAST VALLEY WATER DISTRICT ,%W Board Meetings: 6 V )F: La, LK Conferences and Other Meetings D Date: f /y/ Organization /411WP Description btu �y�� &414111i Date: 6/2F Organization Ft&U-D Description Date:kOrganization IEdLUD Description Pia Date: Organ Date Organ Description Description Description Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description TOTAL # OF MEETINGS_ @125.00 each $ 25 0 D Personal Auto: Miles x .375 per mile_ $ Parking Fees $ Total Lodgings, Meals & Other: (Details on Back) $— Total Director's Expenses Date of Board Total Director's Meetings & Expenses $ Zs-• 00 Less any Advance Payments $ TOTAL DUE DIRECTOR $ 67-5,. 60 Lodgings: (Receipts attached) Date: Function Atte 1%r✓ Date: Function Attended $� Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ Meals: (Receipts attached) Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ Other: (Receipts attached) Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ W SUB TOTAL TOTAL LODGINGS, MEALS AND OTHER $ (Enter this total on the front of form) onn RESOLUTION 2004.14 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT IN RECOGNITION OF PETER DAVID HERNANDEZ's TWENTY-FIVE YEARS OF SERVICE BE IT HEREBY RESOLVED, by the Board of Directors of the East Valley Water District as follows: WHEREAS, PETER DAVID HERNANDEZ has been employed by the East Valley Water District since July 2, 1979, and WHEREAS, PETER DAVID HERNANDEZ has, in those twenty-five years, performed in an outstanding and honorable capacity in the position of Utility Crewman, Utility Crewman III, and Water Service Worker 111, and WHEREAS, the said PETER DAVID HERNANDEZ has been dedicated and conscientious, and has displayed a high sense of duty, sincere interest and personal competence in the performance of his duties which have been for the benefit of all staff members and customers of the East Valley Water District, and %M0114 WHEREAS, the said PETER DAVID HERNANDEZ in serving the District for twenty-five years has, through his untiring efforts, personal growth, and cooperation with staff and customers, contributed greatly to the successful operation of the East Valley Water District. %W NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Valley Water District and each of them on behalf of the Board, staff and citizens of the District, hereby express to PETER DAVID HERNANDEZ their sincere appreciation for his twenty-five years of dedicated service. BE IT FURTHER RESOLVED, that this Resolution be placed in the minutes of the East Valley Water District and the original of this Resolution be signed by all members of the Board of Directors and presented to PETER DAVID HERNANDEZ, after being suitably framed. D: JULY 13, 2004 KIP E. STURGEON, Vice President D' CoQ 4) , - , DONALD D. GO DIN, Director Attest: ROBERT E. MARTEN, Board Secretan/ Iq /S r,VjVV Memorandum To: Robert Martin General Manager From: Paul Dolter District Engin Date: 7/2/2004 Re: Claim at 28673 Live Oak Road, Highland, CA After reviewing Mr. Ronald Lyons' claim, I had our staff retrieve the records conceming the incidents at this address in the time frame of the concern. The records indicate that Mr. Lyons reported leak to District's Answering Service at about 7:12 AM on March 15, 2003. Mr. Thomas Orton responded and found a small leak and reported it to Mr. Dave Hernandez who also went to the site to evaluate the situation. Dave decided the leak repair could be held off a day or two based upon the apparent lore flow from the leak. On Tuesday, March 17, 2003, a crew went the address and installed a full circle repair band thus stopping the leak. On May 26, 2004, Mr. Lyons called Mr. Ig Seifert to let the District know that our leak that occurred 114ailoe m the October/November time frame caused failure to his septic system. Mr. Seifert asked Mr. Gordon Grant to go to the site and look at the situation. Mr. Grant went the site, discussed the matter with Mr. Lyons, took pictures, wrote a memo, and gave Mr. Lyons claim forms. vsw %w LJ lSl � O \ U 9 W— Work Order Number Location CA ST VALLEY WATER DISTRICT LEAK REPORT Time Main Size or Service Line Size Main or Service. Line Material Main Shutdown.Reqqlred: . Yes Ll Noir Was Shutdown Complete4. Yes C] No El Explain Method Used to Effect Repairs lkl Chlqrinatlon Required: es.❑ NqJ5Jf oYes' Chlorinistion Completed By: (41 EsfimatedAm'ountof.Discharge -ann_- Did Discharge Flow. Into Catch Basin or Channel? Yes 0 No go, Leak Position 0 , n Main Or Service Line Street'Cut Permit Required, Yes F1 Nokncounty 0 City of SB 0 Highland 0 Permanent'Pavement' By: District Paving Contractor 0 City of SB 0. Damage to Private Property:. Yes C] No Explain 7 - Repaired By Pavement Repair Ordered by Plotted Leak Map By Drawer 99 Filename: Leak Report Form.doo 111061991w Date' —3�— —1 ^G Date Date #iF###M#il#if■+�•##IF1t####1E#######IF########iF##iF########M#########iF 1F#####s######### To: 'ROUTETO Date: 'DATE1 Time: 'TIME1 ______=:==:0008800451===�=•_____=__■_� Sat 15 -Mar -03 07:14a Sat 15 -Mar -03 07:12a HJM TAKEN FORIRELY TOM 03/15/2003 07:14a HJH I FROHIRON LYONS I CO NAMEI I A/C FON1909 862 8566 ## t ADOR128673 I X-STREETITERRACE I CITYIHIGHLAND I MESSAG€ILEAK IN MAIN LINE WATER COMING DOWN THE BANK / METER IS OFF Oialout history Sat 15 -Mar -03 07:13a HJM Dialout 3R19098825221 1rd MMIE a1 of ' H o H O x a z $ a p Z W H 0E. U) O u w I! y zLol 14 CD l ° .s F WP H Noe z 14 H Z GL H S O O O F a w a ,t a A o aWG a i >r W ❑ ❑❑ a a w ` Q H O x v H z $ a p Z W H 0E. U) O u H H M w 2 u Q H > O a o m W a V) H F N v1 iY a a 3 W U7 z 2 0 H w w > �+ H QM ❑ N W O O W a u ❑ ❑ ❑ ❑ W E Z a O CC3 a 0 g 97 a H 111W e O .j U U U q to S 0 x a & w LL ,%W lz:� (Y) ( c \ z .� ) f \ �\ }/ \ ,\ LA CO _ }\ §§ \� �'k, �¥ % {o n� ( E / § § � � z ) � / \ \ . / \/ § . )) °E��efG ' £ ` £s5{ p ° ( 5 / ( / L. ) ka e,, 0 YN io eJ i Lo V�t 's v U Y- Q, r, a 1--\ oJ e. e- (A\ -s, Qr I> ry- QJ --GL EAST VALLEY WATER DISTRICT 1155 DEL ROSA AVENUE SAN BERNARDINO, CA 92410 (909)889-9501 FAX:(909)889-5732 %aw CLAIMS FOR DAMAGES TO PERSON OR PROPERTY INSTRUCTIONS: i. 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. 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. s. attach separate sheets, if necessary, to give full details. SIGN EACH SHEET 7 Claim must be filed with Board Secretary. WATER DISTRICT Name of Claimant Ronald F. Lyons Home Address of Claimant City and State Home Telephone Number Business Address of Claimant City and State Business Telephone Number Same as above Give address to which you desire notices or communications to be sent regarding this claim: How did DAMAGE or INJURY occur? Give full particulars. 'later Main Break (see attached) .- .J When did DAMAGE or INJURY occur? Give full particulars, date, time of day: Approximately 10/2003 thru May 2004 (see attached) Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give street names and address and measurements from landmarks: Septic Syatem & driveway @ (see attached). What particular ACT or OMISSION do you claim caused the injury or damage? Give names of District employees causing the injury or damage, if known: Water main break & resulting flooding (see attached) What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed: Septic System & driveway (see attached). 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: $12,227.50 (see attached). ve ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of Insurance payments received, if any, and names of Insurance Company: A�ISLste insurance would not accept claim against homeowners policy. SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE Expenditures made on account of accident or injury: (Date - Item) (Amount) See attached 11 Name and Address of Witness, Doctors and Hospitals: See attached READ CAREFULLY 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-1 " 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. CUR 7 or person piing on FOR OTH ER ACCID EN TS SIDEWALK PARKWAY SIDEWALK FOR AUTOMOBILE ACCIDENTS NV i c: ALI cialmants may oe req eo to oe examined as to their claim under oat'n. Presentation of afalse claim i feiony (Calif. Penal Code Sec. 72) CLAIMS MUST 6 E FILE, ITH BOARD SECRETARY. Nam=_ Ronald F. Lyons CURB 06/28/2004 11141w✓ Date: June 28, 2004 To: East Valley Water District 1155 Del Rosa Avenue San Bernardino, CA 92410 From: Ronald F. Lyons Subject: Claims for damages to property Dear Sirs/Madame's: I am submitting a claim of $12,227.50 for damages to my septic system, & V driveway at caused by flooding from your ruptured water main. See attached documents for specific details. Respectfully, Ronald F. Lyons `I 1%00( Chronological Sequence of Events ( I- Approximately October/November 2003, Early morning (I believe it was a Saturday), I discovered a torrent of water bubbling out of the planter area between my driveway & the street. This was not a stream, shooting up, but a heavy flooding from an entire section of approx. 8' x 20', out of the ground & across my drive way. I initially thought it was my yard sprinkler line that burst, so I turned off the water at the meter, but it did not stop. I then called the City of Highland, & after numerous attempts to get a live person to report the trouble, I was given the phone number for your offices at East Valley Water Co. All I could get was a recording & left a message stating the problem, with my address & phone number. After not hearing from anyone I left another message on Sunday. On Monday there was still no reply, so I called again & reached alive person & again reported the trouble. Finally on Tuesday a crew arrived & repaired the problem. I had left for work early in the morning & the leak had been repaired when I returned that evening. No one ever contacted me; my neighbors directly across the street told me that they had seen the East Valley Water Co. working at my house with tractors & several workers. When I returned on Tuesday evening I observed the area that had been dug up to facilitate the repairs, & noticed a number of shrubs had been removed, & several damaged. I was simply glad to have the flooding stopped & determined to replace & replant the missing & damaged shrubs myself. I felt the damaged to the landscaping was minimal considering the amount of work that had been done & thought the matter closed. II- January 16, 2004 - My septic system backed up into my house, causing a lot of mess but no damage. I called a septic pumping company (Ability Plumbing) to pump my tank. III- March 6, 2004 — My septic system again backed up in to my house, a mess but no damage. I again called a septic pumping company (William J. Housel) & pumped the tank. At that time Mr. Housel suggested that I might have greater problems than a full septic, & should call a full service plumbing company. IV- March 6, 2004 — Called Goodard's/Nazco Services & explained the problem of repeated septic backs ups to them They suggested that I should watch closely & wait until the system was slow or backed up again as they could not trouble shoot well if the tank was empty. %W 411W V- April 16, 2004 — Septic system backed up again & called out Goodard's/Nazco Services & they began trouble shooting. The trouble shooting process went on for approximately one month, with the final discovery on 5/12/04 of the broken leach be. They informed me that the only solution was to replace the drainage system. I agreed & replacement work began. During the excavation for trouble shooting it was observed by the repair crew that the soil directly under the driveway & down to the drainage system was saturated with what appeared to be clean (non- sewer/waste) water & suggested that this may have been the cause of the system damage/failure. At that time I recalled the past, nearby water main leak/flooding & suspected that might have been cause of the septic damage/failure. VI- May 13, 2004 I commissioned Nazco Geotechnical Engineering to inspect the Site, to determine the cause of the system damage/failure. May 17, 2004 (approximate) - Work began on replacing septic drainage system Once the excavation began & the ground under the driveway could be better inspected. I called your company (East Valley Water District), 1001,P explained my situation & suspicions. I suggested that you send a representative out while the excavation was open, in order to examine the site for yourself. Your representative (Gordon Grant — Meter Shop Supervisor) came to the site & took several pictures). Mr. Grant gave me the claims form at that time. VII- May 25, 2004 — Septic drainage repair work completed. VIII- June 4, 2004 — Contracted with MTS Concrete Concepts to repair portion of driveway damaged by septic system repairs. Work Completed 6/14/2004 IX- June 24, 2004 — Received final report from Nazco Geotechnical Engineering, confirming that previous leak by East Valley Water District's water main was the primary cause of the damage to my septic drainage system. %W The water main beside my driveway is owned & maintained by East Valley Water District. This water main broke & was flooding along side & over my driveway for three (3) + days before repairs was made. The resulting erosion & percolation during that time & over the following months was the cause of my septic system damage & failure. This is supported by the attached Geotechnical Engineering Report. Also the septic system was inspection & certified approximately 18 months prior to the water main break & had been trouble free prior to this incident. The required repairs to the septic system resulted in further damage to large section my driveway, necessitating, removal & replacement of the damaged section. Please see attached claim cost breakdown, Geotechnical Engineering Report, related diagrams & photos. 71d vR Lyons %W Misc. Photos of Septic Drainage & Driveway Related Damage ( Driveway entrance lookin south se tic repau work m progress) fi`I c s ow 777 Z. ORA t .. •�� ,. 5:, : rl�...+ !tib - . .. + ..• �, ."'++.a ``�.� Drive wa entrance looking southwest (septic repair workin �: TJ 4.'31 + — _' '^ Y7 Z•uiYi� :,' n � � J '..r } '`,_ ._xf x ___ `4" _�YT r �}..... .. � ..ems 'v^-�•iis�=�� Y��a C. �S'+.+:rc.':. . %r AVOW W Misc. Photos of Septic Drainage & Driveway Related Damage ( Driveway entrance looking west (septic repair work in progress) Note: approx, distance between septic (in front of tractor) & water main repair location. Water main repair location J �.�: .' .. a x `- � ;:i-. �.. r 02 �,Pr th47 ,%W C* NAZCO GEOTECHNICAL ENGINEERING BRIEF REPORT ABOUT FINDINGS PROJECT NUMBER: ZN-062404 DATE: JUNE 24, 2004 JOB SITE LOCATION: PREPARED FOR: MR. AND MRS. RON LYONS 25091 E. 5' St SANBERNARDINO, CA 92410 1-800-976-6650 909-888-5911 FAX. 909-889-4860 ,`.✓ NAZCO GEOTECHNICAL PROJECT # ZN-062404 DATE: JUNE 24, 2004 RON LYONS INTRODUCTION: THIS BRIEF REPORT IS WRITTEN WITH THE INTENTION TO EXPLAIN WHAT MIGHT HAVE HAPPENED TO THE EXISTING SEPTIC SYSTEM AT THE PROPERTY OF MR. AND MRS. RON LYONS AFTER RECENT FLOODING OF THEIR DRIVEWAY. PROBLEM AND SOLUTION: WE AT GODDARD'S/NAZCO SERVICES AUTHORIZED BY RON LYONS WENT TO THE PROPERTY TO FIND OUT ABOUT THEIR SEPTIC PROBLEM. EXISTING SEPTIC SYSTEM WAS OVER FLOWING AND CONSEQUENTLY THEY WERE HAVING SEWER BACK UP PROBLEMS. WE FIRST LOCATED THEIR SEPTIC TANK, WHICH WAS ll UNDER THE CONCRETE DRIVEWAY. AFTER CUTTING CONCRETE AND DIGGING DOWN TO THE LID OF THE SEPTIC TANK WAS ABOVE OPERATING LEVEL INDICATING THAT THEIR LEACH FIELD WAS EITHER SATURATED OR CONNECTING PIPE BETWEEN SEPTIC TANK AND LEACH FIELD WAS BROKEN OF SEPARATED. WE RIGHT AWAY NOTIFIED MR. LYONS ABOUT OUR FINDINGS AND HOW WE WOULD TACKLE TO SOLVE THIS PROBLEM WITH A COST ESTIMATE. V HE AUTHORIZED US TO DO WHATEVER WAS NECESSARY TO SOLVE THE PROBLEM. WE CUT MORE CONCRETE AND WE TRENCHED MORE AREA TO SEE AFTER EXPOSING SEWER PIPE, WE SAW THAT CONNECTING PIPE WAS BROKEN OFF AND INCOMING SEWER DID NOT HAVE ANY PLACE TO GO BUT SEEP INTO DIRT. IT WAS INDEED A MESS. WE END UP REPLACING THIS PIPE AND LEACH FIELD TO PROVIDE OUR CLIENT AN UP TO CODE AND FUNCTIONING SEPTIC - SYSTEM. CONCLUSION: DURING THIS CONSTRUCTION, I VISITED THE JOB SITE FEW TIMES AND OBSERVED THAT SOIL UNDER CONCRETE WAS SIGNIFICANTLY WET BUT NOT OXIDIZED AND CONTAMINATED WITH SEWER. THIS WAS INTRIGUING; BECAUSE GENERALLY WHEN WE EXPOSE ANY SATURATED LEACH FIELD, IT IS ALMOST, ALWAYS ONE CAN SEE DARK GRAY COLORING OF SOIL WITH SEWER CONTAMINATION. HERE, WE HAD RATHER UNUSUAL SITUATION; NAMELY WE WERE SEEING LAYER OF SOIL WHICH WAS CONTAMINATED WITH FRESH WATER. THIS WAS UPPER LAYER RIGHT UNDER CONCRETE SLAB. HOWEVER, SEWER SOAKED LAYER OF SOIL WAS CLEARLY VISIBLE UNDER THE PIPE. THIS WAS STRONG MANIFESTATION OF WHAT HAPPENED HERE AFTER FLOODING TOOK PLACE. IT SEEMS LIKE A GREAT AMOUNT OF FRESH WASTER ENTERED UNDER THE CONCRETE SLAB AND TOGETHER WITH CONTINOUS SEWER FLOW IT MADE SOIL ABOVE THE PIPE VERY HEAVY, WHICH CAUSED BREAKAGE AS A RESULT. %w. `w THERE ARE NO OTHER PRESENTATIONS AND/OR WARRANTIES, EXPRESSED OR IMPLIED. SHOULD YOU HAVE ANY QUESTIONS OR IF WE MAY BE OF ANY FURTI IER ASSISTANCE, PLEASE GET IN TOUCH WITH OUR OFFICE AT YOUR CONVIENIENCE. 1 AM THANKFULL THAT WE HAD THIS OPPORTUNITY TO BE OF SERVICE. RESPECTFULLY SUBMITTED, �&. aJL,- �)-a -4� . :t ZEKAI "DOC" NAZIKOGLU, Ph.D. OWNER GERALD A. LUNT, P.t. SENIOR ENGINEER GERALD A. LUNT No. 14031 CIVIL - - 7 11 m i4 70- Map #1 ( Indicating approximate locations of various items related to damage claim. 1w Water Main Repair 10 Driveway Entre V 32.0' onvrway '"Zoway Gayapa N I S✓ b � � N 25.7 Sap5c Lina Q-) 4 %„/ ,V J Map #2 ( Indicating approximate locations of various items related to damage claim. Including flooded area & direction N 32A' —1111s a� Grip, 5k«z,w,y How, 25573 Un Oak R5. L�111J BYmEdW u w fbEOsE u 1%0 Map #3 ( Indicating approximate locations of various items related to damage claim. Including repaired driveway area. Z b N Water Main R,patr 25.0' 32.0' Grivw y b N N b N Ganpa . Sraazway Sep§c Lha symbd hGniee pivaway fepYr Ch U 3 s j� a 25.0' 32.0' Grivw y b N N b N Ganpa . Sraazway Sep§c Lha symbd hGniee pivaway fepYr Ch U Claim Cost Breakdown ( January 16, 2004 -$200.00 William T. Housel (septic pumping services) March 6, 2004 -$200.00 William T. Housel (septic pumping services) April 16, 2004 -$68.00 Goodard's/Nazco Services (septic system trouble shooting). May 10, 2004 -$160.00 Goodard's/Nazco Services (pumping & septic system trouble shooting). May 12, 2004 -$489.50 Goodard's/Nazco Services (pumping & septic system trouble shooting). May 14, 2004 -$160.00 Goodard's/Nazco Services (pumping & septic system trouble shooting). May 27, 2004 -$4,000.00 Goodard's/Nazaco Services (septic system repairs). May 27, 2004 -$500.00 Nazco Geotechnical Engineering (commissioned study & report). Total Damage Claim: $12,227.50 Ronald F. Lyons 28673 Live Oak Road Highland, Ca 92346 Phone: 909-862-8642 Fax: 909-862-8664 V GODDARD'S /NAZCO SERVICES �✓ Sewage Disposal Contractors Stare License A 442664 Aand C-42 4W 1W INSTALLATION INVOICE 25091 F. 5/h Street NUMBER: #30756 Son Bernardino. C9 92410-5119 Phone: (909) 888-591 ]Fox: (909) 889-4860 Hours: Monday -,Saturday 8:00a.m. to 4:30p.m. Customer Name Date Ron Lyons 5-27-04 .address Phone Far ProperiyLocation: Job Done: ........................................................................................................................... 1) Cut concrete to do installation of set ....................................................................................................................... will be done by others. ......................................... 2� Installed a new 67(22' seepage„pit w ................. .......... ......................... ..._-.... .. 3) Installed a.4 dia ABS riser on new ................................................................................................................... 4) Connected new seepage pit to existi. Backfilled all trenched area. ...................................................................I....... Hauled left over. spoils away Pulled all necessary permits Labor and Material ........................................................................................................ Credit. Card Payment made on Credit Card Payment made on ,Uankuau, ga✓ Sex er and Sepne System Design and Installation ” Complete Geological Evaluations and Studies liners. 14,,2004 27.2004 Note: Finished concrete work TOTAL DUE • Complete Backhoe and Drilling Service • VA /FNA Septic System Inspections . �0r;M'-!,,-0D'S/MAZC0 SERVICES ^091 E Sfll St. SANWERNARDINO, CA 92,110-6119 ;9.9'i S U -5= 11 7- (90D) S25.9880 FAX (909; M -A,81510 1-800-976.6650 Uc. 2442664 w %W CUSTOMER'S ORDER NO. --[PHONE- DAZ"_ NAME ADORES$ BY C.O.D. CHARGE I ON ACCT MDSE, RETD. PAID OUT OTY. DESCRIPTION, PRICE L TAX RECEIVED BY I,-7, 1- TOTAL (n 1 .) All claims and returned goods MUST be accompanied by this bill. 30666 I� To Reorder: 7hankGRo- Goo.225-6380 or nabs.com W v 4 1 4, G0DD/.:r D'S/Nf ZC0 SERVTES 25091 E. 5th St. S.S,N! "_RrJAR71NO, CA 92410.51::' l� :+9'! 'R r `.Mi '. (9103) 825.98.80 FAX (^+C9) 889-4SCO S 1.800.976.6550 Lic.:.44266 R CUSTOMER'S ORDER NO. PHONE DATE NAME ADDRESS _,/ 50 CASH C.O.D. CHARGE ON ACCT. MDSE REED. .,PAID OUT. ON. DESCRIPTION . PRICE AMOUNT c' V 1 1 ( / II � _ y. %I___ maNLA k _ �/ r ISI (ir I I 1 1 TAX 'f RECEIVED erTOTALf" -f—' .. All ciakns and returned goods MUST be accompanied by this bill. 3042& &!M__' To Raorder: `Thank`You 800-125-6380 or nebs.com n 4w %r SER CES 25091 E. 5th St. - .I RN.ARDiNO, CA 92410-5119 (909) 553-`_9i1 ,' (='�9) 825.9880 FAX (909) 889-4860 1.800.976-6550 L;c. x442664 CUSTOMER'S ORDER NO. PHONE r/ DA4b i NA' I. n ADDRESS �',— / SOLD BY CASH C.O.D. I CHARGE I ON ACCT. MDSE RETD. PAID OUT . � .... QTY. DESCRIPTION PRIDE AMOUK I f ( T 1 t'1 I I ._. 1 1 41- I 1 I I i -- i , i TAX RECEIVED BY `.. TOTAL r 1 ' All claims and returned goods MUST be accompanied by this bill. �. /��`(� •� 30658 To Reorder. Than o 600.225-6360 or nebs.cm %W GODDfo"D /NAZCO SERVICES L 25091 E, 5th St. SO4 ''-F:NARDINCI, CA 92410-5119 - (S"9) (909) 225-9880 FA" ,0 889.48*. 1-200.976-6550 Lic. 4442664 CUSTOMER'S ORDER NO. NAME -iiibRESS CHARGENDOLrr ON ACCT,-, .MDSE. RETO. P Qiy., DESCRIPTION PRICE AMOUNT TAX RECEIVED BY TOTAL : , All claims and returned goods MUST be accompanied by this bill. 3 0407 ® To Reorder: "IlkwkrYou 800225-6360 or nebs-com I ropooC� VT* 0 Cowlepu 4484 C11 Vi9z 6 gisMand, Proposal Submitted To: Job Name Job M n Address Job Location SAMP Date 06/04/2004 Date of Plans N/A Phone a; Fax p Architect N/A We hereby submit specifications and estimates for:... Remove & replace one (1) section of damage__-& _parti_aly removed Driveway approx: 1,400 Sq. Ft. note: (additional driveway work on remaining portion of- Drive way --To 6e comp-TTeEed- under seperate con�rac------------ We propose hereby to furnish material and labor — complete in accordance with the above specifications for the sum of: $$6,450.00 Dollars with payments to be made as follows: Any alteration or deviation from above specifications involving extra costs will be Respectfully executed only upon written order, and will become an extra charge over and submitted above the estimate. All agreements contingent upon strikes, accidents, or delays and our control. Note — this proposal may be withdrawn by us if not accepted wi n 1 5 days. R.cceptance of Ah The above prices, specifications and conditions are satisfactory and are Signature hereoy accepted. You are authorized to do the work as specified. Payments will be made as outline bove2 Date of Acceptance��� y `/ Signature %00, July 7, 2004 memorandum TO: STEVE SANTINI FROM: DAVE HERNANDEZ%� CC: BOB MARTIN, PAUL, 6OLTER, GORDON GRANT SUBJ: LEAK On March 15th, I got a call from Tom Orton to check out a leak at It wasn't much more than a wet spot in the \r✓ middle of some juniper bushes. Since it wasn't that bad I didn't call a crew out figuring we would fix it in the next week. When we returned a few days later to repair the leak the water was trickling over a short wall onto the driveway and out into the street. U LOCAL AGENCY FORMATION COMMISSION o E C E 0 V 5 U COUNTY OF SAN BERNARDINO JUL - 8 2004 EAST VALLEY 175 West Fifth Street, Second Floor WATER DISTR1^T San Bernardino, CA 92415-0490 • (909) 387-5866 • Fax (909) 387-5871 E-mail: lafco@lafco.sbcounty.gov www.sbc[afco.org DATE: JULY 7, 2004 FROM: KATHLEEN ROLLING$-McDONALD, Executive Officer TO: ALL INDEPENDENT SPECIAL DISTRICTS IN SAN BERNARDINO COUNTY SUBJECT: SPECIAL DISTRICTS ELECTION FOR REGULAR LAFCO MEMBER By distribution of this memorandum, the official voting process for the regular Special District Member of the Local Agency Formation Commission shall commence. Attached is the ballot for the selection of the Regular Special District Member of LAFCo. Pursuant to the provision of Government Code Section 56332, the voting period will be for 34 days, commencing as of today's date and ending on August 10, 2004. The voting instructions for this selection are as follows: Each District may vote for one nominated candidate only. The vote shall be cast as directed by the Board of Directors of the District through consideration at a Board Hearing and roll call vote. 2. The signed ballot, with copy of the vote certification attached, must be received in the LAFCO Office by 5:00 p.m. on August 10, 2004. If a faxed copy of the ballot is provided by the August 10th date, the original signed copy must be received by the close of business, at 5:00 p.m., on August 13t" or the ballot will be declared invalid. 3. Twenty-eight (28) votes are required for selection of the regular Special District member position. In the event of a tie -vote, or if 1111111110 no candidate receives the required 28 votes, a run-off election will be held between the top two candidates. This will again involve a minimum 30 day voting period. MAILED BALLOT LAFCO SPECIAL DISTRICT MEMBER July 7, 2004 \r/ The completed ballot is to be mailed to: Kathleen Rollings-McDonald, Executive Officer Local Agency Formation Commission 175 West Fifth Street, 2nd Floor San Bernardino, CA 92415-0490 If you are faxing a copy of the ballot, the LAFCO Fax number is (909) 387- 5871. As outlined in Item #2 above, the original signed copy of the ballot, along with votecertification, will need to be mailed to, the above address and received prior to August 13th to be considered in the election. Please let me know if you have any questions or concerns regarding this selection procedure. You may contact me at the address listed above, by e- mail at lafco@lafco.sbcounty.gov, or by phone at (909) 387-5866. Sincerely, 1/2 KATHLEEN ROLLINGS-McDONALD Executive Officer Attachment U 2 %no, V U BALLOT REGULAR SPECIAL DISTRICT MEMBER LOCAL AGENCY FORMATION COMMISSION The has reviewed and considered the nominations for the Regular Special District Member of the Local Agency Formation Commission and hereby votes for the marked candidate as indicated below. The District may vote for only one candidate. If one candidate receives twenty- eight (28) or more votes, he/she will be selected as the Regular Special District member of the Local Agency Formation Commission for the term expiring the first Monday in May 2008. In the event of a tie -vote, or if none of the candidates receives support from a majority (28) of the Independent Special Districts, then a run-off election with the top two candidates will be conducted. Bruce H. Field (member of the Board of Directors of the Lake Arrowhead Community Services District) Kimberly Cox (member of the Board of Directors of the Mojave Water Agency) Gerald Smith (Incumbent — member of the Board of Directors of the Baldy Mesa Water District) District President/Authorized Board Member Dated: Please attach certification of Board action showing date of consideration and vote. \r/ `/ +.i RELEASES OF LIEN JULY 6, 2004 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 1010014-00 $ 146.73 TOTAL +PAID THROUGH TAX ROLLS Page 1 of 1 $ 146.73 /7 of EAST VALLEY WATER DISTRICT Water Quality Conference Update Actual Budget to Date Variance Revenues Co -Host - AWWARF 25,000 25,000 Registration Fees (250 paid) 93,750 (93,750) Booth Rental 3,500 (3,500) Sponsorships - Cash 92,500 46,350 (46,150) Expenditures 214,750 71,350 (143,400) Conference Coordinator 90,000 28,860 61,140 Printing and Publications 14,000 5,624 8,376 Printing and Pub - Conf Coord 4,000 - Postage and mailing 3,500 3,500 Promotional Items 7,000 5,345 1,655 Legal 1,000 318 682 Doubletree 1,500 1,500 Morning 10,500 5,544 10,500 Lunches 17,500 50,854 17,500 Breaks 8,400 20,496 8,400 Reception 4,250 4,250 Photographer 1,000 1,000 Audio visual 6,000 6,000 Hotel rooms - Board & Staff 2,000 2,000 Hotel room - Conf Coord 650 650 Planning and Marketing Meals 1,500 1,713 (213) Lodging 5,000 3,450 1,550 Staff Dinners 4,000 4,000 Speakertravel and lodging 20,000 20,000 Supplies 450 450 Consultant - Conf Database 500 500 Credit Card Processing 1,500 1,500 EVWD Payroll 16,000 5,544 10,456 214,750 50,854 163,896 Balance - 20,496 %W Own %W G i )Veppreciate your generosity .. . East Valley Water District P.O. Box 3427 San Bernardino, CA 92413 3 Dear Su or Madam: Thank you for your recent gift to Cal State, San Bernardino. We value your commitment to our university and are honored that you have chosen to support us in our educational mission. Your gift in the amount of $10,500.00 has been credited to the Jim Roddy Scholarship Endowment. On behalf of the students, faculty, and staff who benefit from your generosity, thank you so much. Sincerely, Albert K. Kamig President The California State University Foundation provided no goods, in whole or in part, for any property contributed unless otherwise noted. We have made every effort to ensure accuracy. if you have any questions, please contact University Advancement Services at 909-880-5006. p y rn it trt'th envelope provided Please u date our mfoimatfon below and retii Home Address/Phone/E-mail Alumni Update— We want to know what's new with you (promotion, marriage, awards, career change, etc.) Business Address/Phone/2-mail (909)889-9501 P.O. Box 3427 San Bernardino, CA 92413 paQse>aed t>ltaili c M'Fa.0 ❑ Nome ❑ 21a9u78%932 ?BCrooC!z'2d Pr ,on ❑ N'Ori- f=1 la`"2' v5j ❑ p GZ3l;y_r 7a?einip<oQ� in d EcYGi�iBJ G„t ��C�rG$. p1R332 .Q? other Ser "ofCrff. ID Number: 0000046400 Gift Receipt Number: 0000109356 Reference: D01673 Date of Record: 05/27/2004 6 The Foundation for California State University, San Bernardino (CSUSB) is a California nonprofit, public benefit corporation organized for the purpose of encouraging voluntary private support for CSUSB. Responsibility for the governance of the Foundation, including investments, is vested in its Board of Trustees. The Foundation's policy is to deduct from all gifts five percent of the principal for the support of CSUSB development and related programs, unless gift instructions or appropriate campus administrators elect to provide this amount through other methods as outlined in the Foundation's Policy on the Recovery of Development Operating Costs from Private Gifts. Contributions of appreciated long-term securities, which are held more than one year, realize a double tax benefit for the donor: a tax deduction for the full fair market value and avoidance of capital gain tax on the appreciation. v4W How To Transfer Your Gift of Securities: If your securities are held in a brokerage account or a mutual fund, your broker can wire transfer the number of shares you specify to a Cal State, San Bernardino Foundation account. Please remember: In order to avoid attrition of capital gain, you must transfer the shares to Cal State, San Bernardino. You should authorize your broker to make the transfer in writing and instruct your broker to call the CSUSB Foundation Office at 909-880-5918 for transfer instructions. Your broker will provide you with a confirmation of the transaction. The day your shares are wired to the CSUSB Foundation account will be the effective date of your gift. The amount of your gift will be based on the mean value of your shares on the day CSUSB receives the wire transfer. If your securities are in certificate form, please call 909-880-5918 for transfer instructions. 0 Please send me information about making a bequest to Cal State, San Bernardino. ❑ I have included Cal State, San Bernardino in my estate: ❑ Will n Living Trust 71 Please send me information about making a planned gift arrangement with Cal State, San Bernardino which will pay me income for life. rW Please call gog 880-5005 for immediate assistance. 0M Jul`81 2884 19:87:23 Via Fax -> 989 BOB b?41 Robert E. Martin Page 081 Of 885 ASSOC1.3k.0 0f Tk1 Her A9. lste5 i. is &Wo A&oaw'tt 1r1SrzY't'okAl 9ince1gl0 SPECIAL. REPORT hi ACWA BOARD OF DIRECTORS MEMORANDUM DATE: July 1, 2004 TO: ACWA BOARD, ACWA REGIONS, ACWA COMMITTEES, ACWA MEMBERS FROM: Stephen K. Hall, ACWA Executive Director As you know, in this year's State of the State address, Governor Schwarzenegger proposed to "blow up boxes" by radically restructuring state government. His proposal later became known as the California Performance Review (CPR), which drew people from state government and other areas to develop a report and recommendations on that radical restructuring. The report is now due to be released immediately following completion of the State budget. Following the report's release a blue-ribbon panel already appointed by the Governor will hold a series of public hearings around the state to solicit input on the report's conclusions and recommendations. At the conclusion of those public hearings the report and the record of public input will be presented to the Little Hoover Commission for its review and recommendations. It is expected that, once the Little Hoover Commission completes its work, Governor Schwarzenegger will modify the package as he sees fit and present the reform package as a part of his 2005 State of the State address. The package will take effect unless voted down by a majority of the legislature, While the report is being circulated internally within the Administration, there is no official version or summary of the report publicly available. Therefore, there is no certainty that what follows will be included in the report that will soon be released. However, based upon a number of conversations with individuals close to this process both inside and outside of the Administration it appears the following will be included in the recommendations to the Governor. A,Sotiati[m Of C„ hf(Knia Wilier Apncies 910 K 5l:eeL Sum, 1 Ca), 5;�.,ramen;q, C"fiiomta 95811-3.',77 916/4414545 I.qs 9'i:;%32E-q 19 Hun of tkrc States 4()0 N. CapiiCi St.,. NAN., .Salta :S;7 South. Washingpir, U.C. 20001-15i r 2()?/4:14-47h0 M9 M'2j4'34.47h3 www.acWanet-tom ` dul'81 2884 19:84:88 Via Fax -> 989 BOB 6741 Robert E. Martin Paye 002 Of 085 %NW 4%mof 'taw Jul`81 2004 19:04:15 Via Fax -> 909 BOB 6741 Robert E. Martin Page 003 0f 005 I. General Reorganization %•✓ A. All existing boards and commissions except those established by the constitution will disappear. Constitutionally created commissions include the Coastal Commission, Fish and Game Commission and the Public Utilities Commission. B. All state employees who carry a badge will go to a newly created Public Safety and Homeland Security Agency. C. A newly created State Office of Management and Budget will house the Department of Finance, General Services, Office of Administrative Law and Procurement and Facility Administration. D. There will be a large infrastructure agency that will encompass all infrastructure planning and construction. It will include a California Infrastructure Authority that allocates all infrastructure bonding and funding, including water infrastructure. E. All cabinet agencies will become state departments and existing departments will become divisions under those departments. II. Department of Resources A. A. The new Department of Resources will lose DWR and portions of Forestry, Conservation and Parks B. DWR will go to the new infrastructure agency. A possible exception is the State Water Project, which may be spun off into a joint powers authority. vi C. The current division of water rights now housed under the State Water Resources Control Board will go to the Department of Resources and will be overseen by a water rights commission. III. Department of Environmental Quality A. The State Water Resources Control Board and the Regional Water Quality Control Boards will disappear but regional offices and staff will remain. In place of the State Water Resources Control Board will be a division under the new Department of Environmental Quality (currently Cal EPA). B. All water quality regulations will be run out of that new water quality division. C. The Air Resources Board and other regulatory functions currently governed by boards and commissions will also be run as divisions of the Department of Environmental Quality. There will be a number of other recommendations in the report that either cannot be verified or do not directly impact the water community, This reorganization will be accompanied by the retirement of up to one third of all state employees. The sum total of this change if it is implemented will be a significant *00 Jul 781 2004 19:84:38 Via Fax -> 909 BOB 6741 Robert E, Martin Page 084 OF 885 v/ downsizing and reorganization of state government, though it is difficult to sort out which changes will be good and which will be bad. These recommendations are not official, nor can their accuracy be guaranteed. They are based on informal conversations and it is far too early to tell what, if anything, the Little Hoover Commission will do with these changes and which of these changes will be endorsed by the governor. Once the report is out, ACWA will actively solicit input from its members and develop its own input to the Little Hoover Commission and to the Schwarzenegger Administration regarding these changes. `W U 'Jul 81 2884 19:04:58 Via Fax -> 989 BBB 6741 Rohert B. Martin Page 885 Of 885 ,%OPV California Performance Review Commission Co -Chairs: Joanne Kozberg William Hauck Commissioners: Senator James Brulte Assemblywoman Patricia Bates Senator Denise Moreno Ducheny Assemblyman Leland Yee Jay Benton Dale E. Bonner James E. Canales Mike Carona Patricia Dando David Davenport Joel Fox Dr. Steve Frates Russ Gould Irene Ibarra J. J, Jelincic Steven A. Olsen Beverly O'Neill Peter Taylor Carol Whiteside Awociation of the elan Bernardino County Special Di6tf! JUN 2 8 2994 EastTTalley;; Water hL District is hosting the July membership meeting at The' pasta$rag San.Bernardino. The soci egt i105- ' H to order at 6:45 p.m. A buffet pigwith a im -dinner .L. Wd NeseFve4, %A 5 irbc' 'DT.a� K in Tips with Roasted Potatoes; .5hrimp a DUFFET: ChjcU I 15c 444"MI�citiLt 9'n 6aLad- Pasta Salad Vinaigrettet Tossed .2 - hinggg' 4' vert _fFr .7 U _ i�.r` A -,.baLa rA e P& f. (;reen Paeans ALmandinet Llot RoU-5 a Butter Co M aefs Choice 5ut ff�Fz of three desserts. C06T. .'V ua A�q PP-0(;RAM:.. LE Patrick.6eaver-'I ed U9"Vepartrnent 'Domestic -------- ------------ -------------------- RSVP to Justine Hendricksen or Eileen Bateman by July 9, 2004 Telephone: 909-8854900 Fax: 909-889-5732 1155 Del Rosa Avenue San Bernardino, CA 92410' District/Associate Attendees: REMINDER: There is a $2 surcharge per person for reservations made after the deadline date and coming to the dinner meeting without having made reservations. You will also be billed for the dinner if cancellation is not received PRIOR to the deadline date. The Castaway Restaurant \r/ 670 Kendall Drive San Bernardino, CA 92407. F_ From High Desert: Take the I-13S.;fo"the I -215S, to University Parkway exit, turn left on University Parkway, to Kendall Drive, turn right on Kendall Drive. From Orange County/Riverside: Take the CA -9113. to the 1-215N, to the CA -259 (Highland/Mtn. - Resorts) to the E Street exit, turn left onto E Street, E Street merges with Kendall Dr. From Palm Springs: Take. the I -10W to the CA -30W, to the Waterman Ave exit, turn left on 30s` St, go stratght�b`)kStre turn nght on E Street, merges with Kendall Dr. . From Big Eeafi°Iountamsalce8W to to the CA -330 to the CA -30W, to the Waterman Ave ern From Onto Street, turn right on E Street, merges with Kendall [-21W I,215Nto X259 towards CA -30E (Ili8hland/Mtn Resorts). Merge jr! Stnortt�toiendall.D;/CA-206 (slight right). Follow Kendall a ..... .. v. � _. .... .. ... i. .. .. n... Yom: .. . ..r. .., S `�b`v 'You�r'�re Invited %001I SC's to the Al Highland Senior (Pexter's Annual Volunteer � ecognition uncheon PF*day, July 23, 4400 1 1:30 a.m. - 2004 I :00 P.M. At The R V 0. Elks lodge 2055 Elks Dr. off lighland jqve. near Perris 11ill mark) San Bernardino, (PA 882-371 i %W guests of invitees are $15 Pease R. S.V.P. at 862-8104 by July 6" M' V VWI ..,.., City of ° 9LA FHIGc.187 AURANTIA PARK DEDICATION CEREMONY The Mayor and City Council of the City of Highland cordially invite you to attend the Dedication Ceremony of Aurantia Park on Saturday, July 24, at 9:00 a.m. The Park is located at 29700 Greenspot Road, Highland. (On the north side of Greenspot Road, east of Weaver Street) The Humane Society Spaymobile will be on-site from 8:00 a.m. until ncon for spaying / neutering and 1:00 p.m. until 4:00 p.m. for vaccinations Parking provided on-site and the north side of Greenspot Road. Ross Jones, Mayor Larry McCallon, Mayor Pro Tem Penny Lilburn, Council Member Jody Scott, Council Member John Timmer, Council Member RSVP by July 19, 2004, or For more information, please contact the Community Development Department at (909) 864-8732 Ext. 214 Kbfwff NrS- eF-EiieN`.PoT- 1217 VIG IN li`( MA P 39 The San Bernardino Area Chamber of Commerce Governmental Affairs Division invites you to attend Legislative Breakfast, Featuring Attorney General Bill Lockyer Name Name Phone Friday, August 20, 2004 7:30 a.m. Castaway Restaurant 670 Kendall Drive $ 25 — includes breakfast of Return Yes, I will attend the Legislative Breakfast Business Name Please make reservations — Enclosed is $ Flake check payable to: San Bernardino Area Chamber of Commerce r" P. O. Box 658 San Bernardino, CA 92402 (909)885-7515 M 35th Anniversary x MEMO CSOA 2004 Annual Conference Renaissance Esmeralda Resort and Spa Indian Wells CA September 27-30, 2004 CSDAALLIANCE S.mng Spb.l DisWc� CFf—, ',*l I C.SnA R— CUIry-[—I �PL�i I 0;-K1 RmLM ina.nr AWI,.n, %001 m Annual Conference aUA,N SPA e+oM un Mweus, buwvxu "Lille invite you to come participate, network and learn about issues that will affect your district. " This year's Annual Conference marks CSDA's 35th year of service and advocacy on behalf of special districts throughout California. CSDA has developed an annual conference that is packed with useful and critical information for both administrative staff, and governing officials of special districts. We invite you to come participate, network and learn about some of the most important issues ever to affect your district. 2004 has already proven to be a monumental year for special districts and CSDA, as is demonstrated bythe milestoneaccomplishments so far.This year has marked the first time... • CSDA has qualified a statewide ballot initiative to constitutionally protect special district revenues; • California's Governor has spoken at our legislative day; • CSDA has been at the table with the Governor's office, cities and counties to negotiate a deal to protect local government revenues in the long-term. CS DA's 2004 Annual Conference will continue this momentum and provide attendees with a wide variety of education and networking opportunities offering the most current legislative, regulatory and discipline -specific information available. Additionally, we are continuing to expand our service -specific breakout sessions which will include education specific to: • Water • Wastewater • Fire Protection • Community Services Districts • Mosquito and Vector Control '1111101", A major focus throughout the conference will be on legislative and State budget issues and all education sessions are geared to address important issues that we have faced recently including: Maintaining the Public's Trust; Special Districts in the Media; Risk Management Issues for Special Districts; and much more! As always, CSDA's Annual Conference is designed to have something for everyone. Directors/Trustees: ethics in public service, Brown Act, legislative and state budget updates, strategic planning, risk management issues, establishing policies, and much more! Management personnel: media and getting the coverage you deserve, management lessons learned, improving customer service, managing on a limited budget, strategic planning, and preparing for future challenges. Human Resources personnel: building mediation skills, HIPPA, keeping up with the needs of staff, employee handbooks, long-term workforce management and an opportunity to participate in the HR Roundtable Luncheon. Finance personnel: benefit assessments and other financing mechanisms, levying fees and assessments, preserving your assets, managing your district's credit quality, and opportunities T44O/ for cutting costs. Legal professionals: keeping up with the Brown Act, contracting, eminent domain, loss of goodwill compensation, and FLSA. Risk Management personnel: safety in the workplace, workers' compensation and property/ liability issues facing special districts. CSDA will also recognize and celebrate the ingenuity, creativity and diversity of our member districts at the CSDA Awards Program and Banquet. This program Includes awards for innovation, exceptional public outreach and safety. Furthermore, master impressionist and comedian, Jim Giovanni will be the entertainment for the evening and is guaranteed to have you bursting with laughter throughout the festivities. In addition to the wide variety of educational sessions, our tradeshow partners will provide you with information on cutting-edge products and services that your district needs to proactively move forward. Come share in the excitement of change and new opportunities in the beautiful Palm Springs area! The networking opportunities and sessions offered will empower you professionally and offer the most up-to-date information that Is crucial to your district. 35th Anniversary a%IA nt CSDAAgenda - Course Tracks Tuesday 3:00 — 4:30pm I Develop a Plan of Finance Wednesday 8:00 — 9:45am I Benefit Assessment Districts and Other Financing Mechanisms Wednesday 10:00—11:30am I How to Unravel the Puzzle of Levying fees and Assessments Wednesday 12:30-1:00pm I Money Matters- CS DA Finance Corporation Roundtable Wednesday 1:00-2:45pm I Scoring Political & Economic Paints by Preserving your Assets in Times of Need, Wednesday 3:00 — 4:45pm The Impact of Management on Credit Quality Thursday 9:00—10:30am Cut Costs Not Staff . i TU AV, 2_secRca1?'3A-4 Tuesday 3:00—4:30pm I Long -Term Workforce Management: Prevent the Brain -Drain Meltdown Tuesday.3:00-4:30pm I FLSA Hot Topics and New Developments Wednesday 8:00—9:45am I Employee Handbooks: Do it right or don't do it at all! Wednesday 10:00—11:30am I From Expectations to Demands! Wednesday 11:30—1:OOpm I Human Resources Roundtable Luncheon Wednesday 1:00 — 2:45pm HIPPA: Health Insurance Portability & Accountability Act Wednesday 3:00 — 4:45pm Mediation Skills for the Workplace Thursday 9:00, 10:30m Cut Costs Not Staff . Laor:u?rrcu Tuesday 3:00-4:30pm I FLSA Hot Topics and New Developments Wednesday 10:00-11:30am I Partial Takes Under Eminent Domain and Compensation for Loss of Goodwill Wednesday 1:00-2:45pm On Time and Under Budget_..The Holy Grail of Construction Contracting Wednesday 3:00 — 4:45pm I Project Implementation and Property Acquisition in the Modern World Thursday 9:00— 10:30am Keeping Up with the Brown Act W;:A= Wednesday 8:00-9:45am I Reconstructing a Water District: Management lessons learned at SSW D Wednesday 10:00 — 11:30am I SMART Districts: Sprinting toward Competitive Excellence! Thursday 9:00—10:30am I Challenges Facing Special Districts Today... How to Get Ready for Them . cs_mc C2e_rr,:ec:: 7 o1,w,. Tuesday 3:00—4:30pm Special Districts in the Media: Getting the coverage you deserve Wednesday 1:00— 2:45pm Voter Research & Strategic Planning: Essential elements for successful tax elections Wednesday 8:00 — 9:45am Safety in the Workplace Wednesday 3:00 — 4:45pm Risk Management Issues for Special Districts — Are We Covered? Wednesday 8:00-9:45am I Current Practices & Approaches for Utilizing Fire Suppression Assessments Wednesday 11:30—1:00pm Community Services Districts Roundtable Luncheon Thursday 9:00 — 30 30am What's the Buzz? Tuesday 3:00 — 4:30pm I Water Transfers Wednesday 10:00 — 11:30am 1 Maximizing Resources at Wastewater Treatment Plants Wednesday 1:00 — 2:45pm Public Intrastructure and Growth: Will California cope? Wednescay 3:00—4:45pm Dealing with Emerging Groundwater Containments General Conference Information Ill to Register RQyster inmTed.at>ly fir CSDA's 2004 Aur,,,, Cnrfe, nen b/ ccmpl�:lny lite c9istratlOn folln. Plpgce ,<-urn ti C Porn On 0r h.fo1^ Stpt.mbrl 3, 2101i to +cc^_iye the early -bird rain. All conference p" regi3ti ab pits nn1=t b- rcGClrcU by Soptcnmer 24, 2004. stratlon aft -r Se,^,-.nrbCI 24 ;.dl b^ i1i.;eet to s.prc arailaolhty. SCnd yaus uatmn torn..I M payrteu, . X215 1< S1rc', S,1 le 930, Sacran.2l t0, fA 95811 0r laa la 910.442.7829. Hotel Accommodations 11' 2004 Confc/once ndl ba Ecld If Ur P",�oo sante r'o.e:alda n D'.oi, I IIs 141st outs de of Palm Spril file hotrl hr. -et bio-', of rcorII for CSDA that aIle available Co a 0iSt{0tne III St 1111 at a 5I'Cla rate 01 y.40 single/dotd.lc omlr.a qry. VOu Gu. '11,1 <C I'tl dt10115 by Ca I.ny II C CsCnd 55daCi Esmeralda at 800522;1380 :md Id.mvfy,ng yourself as a C,Thfontia SP=na: Districts A55ocat len ccnferancr ott^ndae. The fpr 1111fc11'I youIL'J r 2serVabons is Augn<t 27, 2004. S^.i-p.Ir" 'ong rc at no ,:n,l "C: vllrl 514 :_r nig itL $Imr 'rllu. ,, I<inrl 1584.00. :n Cancellation Policy C. mreua'. 1111- 1n1et b^ load,1'7Wdifule6Tni 17d.Fal Ill ,to laic. ill to Scl.'-nfn,. 21,20W, ARi1iT7d1hlifliCiPTd1{IidtR4F1 cc ,efncd.,d bas a S"T,�l,__+1t17tIliRJC}4IHI�IR7iHlt11'i}7� mace after Seob-'ill;^_r 21, 2004 Ll0 EXCEPTIONS. Substitution Policy if lo' Sente r.r .i `'�1 rga',Icr ag, You find You are IIM11 COrnQ,rn:C, ;a1 May slusbi ntr someone else from your Ill U1^ CSC:. oP1-, in -.1.1 i1. lin; Cea be mailed to 1215 IC Y Sacra ne:rc CA ^iS 1d o1 rte. J to 916.442.7889. Guests Cuer,s , iy ,e ;01: to, a'I o.ea! functions provided a phI PnrCh.lSipina:eP,np'. 1b1+gU: �t =.11!��, C�ili ,r ., {j�!ni n':m_l;at9e `C I' all ;"11n�t1unt. Tentative Conference Agenda - June 2004 Exhibitors, Sponsors and Prizes Cnn`mrnce c o,r.1111 suolrct 1.0 char �e (eithout notice. CSDA is Once actinic Is 10 Offer Cxhlb't an(i sp6G0: h:p Or nal bl' tbh fU' r'ol'e inf)nnanel, plea -e call o.c CSDS ol9ce t0l h: at 87Z924.CSDA CSDA is al<o s-c11.1g don .t ro.13 for door prizes, Please call 101' mo. : del l.. r.. ,l �Y,r ;nom 113TPilCTa ASSOLIAIIIn SPACIAL DISTRICT C!IFWs SP^"Cio1 plsirict , 1:1110:.,..0 _ .1y i- o cv11 <. n br .J ...t d <our ..:; ;1=, n tau ,1,.<.fu ally b^r <„ r- ,1..1 (p,1ort �I�++�TAIIC�► 1 l�i>•Ai:TJR}i of.<nm>IOdgec _c 11x1 ec r+l ormt, ,I CI1 .:11r'. cr, 1:o.nt,,::,n'o 'yth 1,1I Jr,cic s.-cJtop c., df1�^'ARRSTr'1CT�sIPM1T1RAfT mL COt1111rl1 I L,, s II', I.oa1... 1I -I e11Tf -n .. I "t I'. ,. 11 f 11111 f1_C.:' (.c1.o11 tdlimn/ nf67,R1IJf�11'1F'dE^R1S3i�111Fap ' /Cc' nfy Cl,C 1; 1,1 :rf. .-,I ,<'I t1: 1,i, t 1 1,..,ion 1 - u. rd-.�.:11 rlo„tori. '.rr . :Ilitp11MR1L4ARTiJ -ffi(.'T,1 Iy Ocdl, til bel ,; t:. -�5:,.1< 1111' "C' you 'chill 1411fIWls �c,`rW 1m,u e,,. . I'•le 111 _�. 14 ..Iii, c1 1.: 1.1. 1Jt.,. 11. If�n,G7 4111-.:�00 o1e. tl:nd��afwRl7FAIRf1�i Governance Foundations hStl.- C01'e Of CSDA's S t' -C ,I C'._ as fpr` font dit511'' 01 -1- Tei s ccorbe is Ud-S ^I' t r'I r• n,Lcl ”: - 9 pt r. 1 . . o SPeC'al D ,cr1Ct Tush ,Ts F I t.. o The Effeclve SpalaI D c,r c 6a :i o The Goad's Respons'bili6es :nd fc!es In Spaoal pis:, Cts �1n the central part 0f tl-1s ccn,, the E. 5 fecuve SpeCiy District 6oare, -r istees lnll learn hop to: • De'elon a unity of purpose o1. thcr board • Understand and rior'<'aithin file board's role in the olstrict • 3u Id a sv'ong, P05 bw operational co'iur-- oo the board • Organize the fol nldl struct III 1` I'll 1114.6 Board's Role in Human Resources f:,� I ..u.J 1 .., . ki- 111 the,_, r_7�'bNh94ir11R7ik5ii91��� 1 `01 ..1 ;1t ,n-o.d (1..I 11a 6,) , ds: personncl. 4111aIMII USF -111:.11 oc;.J tap g I - 11 111 mage. Of the Special Ill a:hl t'n. h s:r f s reit; nn ” la( onsnip <y;th life. ndlldgcl;' RIA o .crst,-it ln'raIt "''Cl. role in other staff evaluaton,dnfMMXWI7I 111 Ir Particirants hill lednl 'c0:1 to: -YdACg4�jIRFII 1 r - r • Dclta nnle a nrotccol for approving personnel pPlicies -i. ' • OeselCp rl L: Uc@» . 1 r •r ••���ny .��.a�, r • �ICIi9�ii1%i�t u'ueJ�16.V111111Y1•I�R• 1 IN `nr Tentative Conference Agenda — Conference program subject to change without notice. Tuesday I September 28 8:30—10:00am Local Chapter Roundtable Meeting 9:30am Registration Opens 9:30am Exhibitor Showcase Opens 11:30am Opening Lunch 12:30-1:15pm CSOA Annual Meeting LOCAL Initiative/Ballot Measure/Budget Deal 1:15-2:45pm Maintaining the Public's Trust: Ethics in Public Service In an attempt to both demystify ethics and ethics laws, as well as present an over- all framework for thinking about ethics issues as a public official, the Institute for Local Self Government along with the law firm of Richards, Watson and Gershon will present this important topic. The session is also an opportunity to learn about the ethics resources available to them. Presented by: JoAnne Speen, Inuitute far Local SelfGomrnn rnt & Craig $tee( Richards, Waoon and Genhon 3:00-4:3Opm Breakouts_- UuMna l• -I t:; rp(.il '401110' Long -Term Workforce Management: Prevent the Brain -Drain Meltdown While it is commonly known that the pipeline can be pretty dry when it comes to experienced candidates with the,skilis and background we'd like to find in a candidate pool, there are plans that can be hatched to protect District health now and in the long run when it comes to our most valuable asset, our employees. Presented by: Brentives, BHI Management Conndsing Lrcm/I:-wp.e I•I Snp lifl`:'I wkuiC FLSA Hot Topics and New Developments This session will provide an explanation of how the most recent wage and hour decisions impact how your district zompensates both overtime -eligible and over- time -exempt employees.The discussion will include recent rulings and regulatory actions of the United States Department of Labor. Second, the session will In- clude a discussion of practical advice for avoiding the FLSA danger zones. Presented by: Peter Brown& Brian Walter; Liebert C aidy Whitman f`uo_co EULATIet!s Tera: Special Districts in the Media: Getting the coverage you deserve When it comes to media coverage, special districts generally have two experl- ences: either they are totally ignored, or they are the focus of negative coverage, often focusing on administrative issues. This session will discuss techniques to help special districts regain credibility, raise awareness of their work including how to get your district's good work profiled in the media and how an active me- dia outreach program can help increase effectiveness in the community. Pretenoed by: Kristina Rap Katt &Auociaw, Inc. n!:vn:r: Taccif - VJ ^.rerllefrsrcwes[r. Water Transfers H istoricaliy, water transfers in California occurred on a lim- ited basis during times of drought. With the rise in water demand and lack of corresponding increase in supply, water transfers are becoming more common. This discussion will examine the variety of legal and practical considerations of short -and long-term water transfers. Presented by. Barbara Brenner, Meyers Nave i'INMICC TRACK Develop a Plan of Finance CSDA Finance Corporation representatives will provide attendees a better under- standing of how to prioritize limited resources in the face of unlimited needs while still accomplishing mission -critical capital improvement programs. Presented by: CSDA Finance Corporation 4:30-6:60pm .. 11, Exhibitor Showcase and Reception Sponsored by: Join us for hors d'oeuvres and one free drink —both hosted by CSDA professional member, Muni Financial. Meet with vendors, network with your peers, and don't forget the door prize drawings! 0J Wednesday I September 29 7:15-8:00am Continental Breakfast 8:00 — 9:45am Breakouts Reconstructing a Water District: Management lessons learned at Sacramento Suburban Water District (SSWO) Issues at SSW D contributed to State Senator Deborah Ortiz's decision to sponsor new legislation on special district reform. This presentation reviews the brief history of SSW D, discusses circumstances that contributed I0 past problems, and relays lessons learned that may help other special districts avoid making the same mistakes. Presented by. Robert S. Roscoe, PE, General Manager, SSWD f Dt@t5N 1,csauacics T RACtt Employee Handbooks: Do it right or don't do It at all! Employee handbooks and manuals serve a wide variety of human resource administration purposes. Properly drafted and consistently applied, employment policies offer special districts numerous advantages, including some protections from liability in the increasingly complex area \s.l' of employment law. In contrast, carelessly warded and intermittently enforced policies create liabilities and can hasten expensive litigation. This session will provide an overview of the ideal handbook as well as address those policies which must be included by law. Feel free to bring your. Employee. Handbook to this interactive presentation! i Assented by: Michael S. Fauver, Katcb 6 -Parent A Latin Corporation $Cov[CH TRAcx — FIM VanTEtl7all . Current Practices and Approaches for Utilizing Fire Suppression Assessments This panel will draw on recent experience gained in developing and implementing fire suppression assessments for Gedrgetown Fire Protection District, West Stanislaus County Fire Protection District, Rescue FIre.Protection District and Stanlslaus Consolidated Fire Protection District. Given the current State Budget Crisis, the option of using this assessment to fund basic fire services has gained rapid popularity among public agencies. . Panel will be lead by: Brian Jewett & Sco tKoppel, MurdAwncial 40 35th Anniversary RISK MAnAOECteaTT^Antt . Safety in the Workplace ' What are the "Best Practices" for the development of a Safety Program in today's workplace? Good safety practices flow from the top down, but getting buy -in and commitment from all employees is important. Learn the latest in OSHA and reporting requirements. Prerented by: Alden Taney CSR CHMM, Special Dutrirt Ruk ManagementAuthoriry Faux:?ca Tnaca Benefit Assessment Districts and Other Financing Mechanisms This discussion will provide an overview of the various assessment/special taxing district acts (and other tools such as capacity charges, connection charges, CO Ps, etc.) that can be used, what they can pay for and what the procedures are under the various acts themselves as well as the overlay of Proposition 218, including recent case law. The goal is to instruct special districts on what mechanisms can best be used to increase revenue while avoiding litigation by doing it right. Praented by: Jeffrey S. Ballinger, But Best & Krieger LLP 10:00—11:30am Breakouts FsrcAnce TRAen . How to Unravel the Puzzle of Levying Fees and Assessments With ever -declining property tax revenue, special districts have to think "outside - the -box" even more to avoid drastic cut-backs on basic services to their constituents. This seminar will explain the difference among fees (user fees . and capacity changes), assessments, and taxes (special and general), as well as the applicable procedures and "dos -and -don'ts" applicable to each type of fee, especially how to minimize the risk of a legal challenge. Presented by: Ruthann Ziegler, Meyer Nave, . . MARAGEAkERT TRAM SMART District: Sprinting toward Competitive Excellence! This. presentation will describe the elements of the Santa Clara Valley Water District's SMART Business Initiatives, to learn from world-class organizations to Improve customer service, Involve employees, document and continuously Improve the district's key value creation processes, allocate increasingly limited budget resources to key mission and vision related goals, and manage, measure and minimize to the extent practicable, the district's Impact on the environment. SMART is an acronym for Specific, Measurable, Attainable, Relevant, and Time limited. Preened by: Stan William, CEO, Santa Clara Valley Warr Dirtria Wednesday continued... LEGALTRAca 1:00-2:45pm Breakouts Partial Takes Under Eminent Domain and Compensation for Loss of Goodwill - in situations where government agencies and special districts are required to acquire a portion Pueuq RELATiegs TRA:x of the real property utilized by a business, the owner of that business may be entitled to claim Voter Research and Strategic Planning: The essential compensation for loss of goodwill under Code of Civil Procedure Section 1263.510.This presentation elements for successful tax elections will discuss various legal and appraisal issues arising from such claims, and provide a comprehensive Like all local government agencies, special districts in case study. California are facing revenue shortages and decreasing Pmenudby: Aamn D. Amtte,ASA Desmond Marcello&Amsm and David Cosgrove, Ratan &Tucker budgets that result in reduced services in the face of increasing needs of the communities they serve. The first SERV:cE TRAca—11VATER/WASTEWATER half of this presentation will focus on ways in which revenue j Maximizing Resources at Wastewater Treatment Plants measure feasibility surveys,voter surveys, community forums, This session will discuss the many different treatment processes available for wastewater treatment and focus groups better prepare special districts for revenue plants. Some of the solutions offered will help your district to improve performance, save operating measure elections. The second half will present the strategies dollars and extend the equipment life cycle. that help districts prepare and win tax elections. Prermwd by: john Stalone, AECOMEnergy Prereneed by: Bryan Godbe & josh WfUiamt, Godbe Rerearrh & Analyrir and tarry 7iamutola & Charts Reath, 7mor Lr, LLC Humom RESouRCESTRA= i From Expectations to Demands! suarue Tat= Forthe firsttime in organization history, agencies must deal with four generational employeegroups; Scoring Political and Economic Points by Preserving Post World War 11, the Baby Boomers, Generation X'ers and Gen Nexters. How do the generations your Assets In Times of Need differ and how can public agencies remain competitive in meeting the needs of an ever-changing The current budget crisis affecting public agencies, whether work force? This session will give a brief overview of each workforce generation and what must be special districts or otherwise, is precipitating a scramble for done to retain capable and diverse staff In. today's world of work. liquidity. Many agencies are considering liquidating their . P -tented by: Go Koff, Koff&Auociatu, Tru:.... .`.,. ... :,.; f "excess"assets, including land. While a, sale of"excess"land Wlil: provide short-term relief, It only gives relief once. This r i pfe'segtatlon explores a way of keeping that "excess" land; 'r r":Community, Services Districts Roundtable r controlltng, Its use) and dramatically converting its value so PartiCl�affit5r31'Ef3r1 tl1EFr Luncheou `,.... '. .. that it del rverB significant long-term yields for the agency. . - 'Game anrt'share your experience and ask questions Prarnud by Lann Shoemaker, Roman, Bridgett, Marcor, 14ahas . '.own for junchl OF if jrmLt ;'that p4rtpin to .the special needs of Community 6 -Rud LLP ces. DiStricts_rIn addition, C f^B�,SerwSDA is putting 1 into: the following togetfter a.GSD Workshop for the spring of 2005. HUMAN Rr OvRCE5T2ARx .: categories, You Can attenA We will utilize the discussion at this luncheon to HIPAA: Health Insurance Portability & Accountability Act e 3iDCs3ldltalyl8 luncheondevelop a program that ',will meet your specific This. -workshop will address ;what plans are covered .by ` needs. Please see the registration form to :9pecify the Health+ Insurance Portability and Accountability. Act fiD. all additional. ,char ,..•your desire, to part¢ipaterih this luncheon.. � (HIPAAIDoes your district have to comply simply because you provide health insurance? What about flexible. spending . - 'Human Resources Roundtable Luncheon „accounts? We "will answer these questions and review .. -in-addition to:{he human resources track at; conference, CSDA Isoffering a special luncheon for requirements for compliance including training, forms, .:Staff andboirifanemoersthat are interested igtopics relating to employee management. Please see policies, etc. In addition, we will discuss the penalties for - . the registration form to specify your desire.to participate in this luncheon. non-compliance as well as the interaction between HI PAA and California Law. 12:30-1:00pm Prsrmtrd by: MthaetBlather, Li. bert Canidy Whitmore Come have dessert with the CSDA Finance Corporation! Money Matters • CSDA Finance Corporation Roundtable Attendees will learn about the CSDA Finance Corporation formed by California Special Districts Association to help special districts and other public agencies enhance revenues and reduce costs " through tax-exempt financing programs. Although there is no cost for attending this roundtable, we ask that you let us know you plan to attend by specifying on the registration form. %Is rN✓ AWARD'S BANQUET Wednesday Evening 16:00 - 9:00pm LEGAL TRACIC On Time and Under Budget... The Holy Grail of Construction Contracting This presentation will address the twin goals for any public works construction project: completion on time and under budget. While these goals are elusive and difficult to attain, knowledge of phases of a public works project maximize a special district's chances of reaching these goals. We will walk through the phases of a public works project (design, construction, and closeout) and address the steps that can be taken by a district to ensure the smoothest project possible. Presented by: Arne Sandberg, Michael S. Ribach, of Benjamin T. Reyes Ill, MeymNave SEBV:CE TRACT,— WATERIZAIASTEWATER' Public Infrastructure and Growth: Will California cope? The availability of public water supplies and water supply and treatment infrastructure is crucial to California's future. The state's population is expected to grow over 50% In the next 20-30 years. Only those communities with reliable water supplies will be able to meet this challenge. This session will provide an overview of the water resource issues that must be considered when planning development projects, especially as it relates to recent legislation mandating water supplying verifications. Presented by: Robert Saperueb; Hatch tf'Patent 3:00-4:45pm Breakouts FINANCE TRACI! The Impact of Management on Credit Quality Other than the general level of Interest rates, the quality of your district's credit is the most important determiner of your cost of financing. This presentation will discuss the factors involved with the district's credit quality, an overview of Dick Larkin's (former LA County CAO) work for Fitch, evaluating management quality, and whether good management is "born" or "made.". Pmented by: Daniell. tides, Heldman, Ralapp 6Atsociates SEgvtaE TRAcn — WATz2NNASTEWATER Dealing with Emerging Groundwater Contaminants Almost every month a new contaminant seems to arrive at a water supply well. Many of these have uncertain health effects, and are costly to treat, let alone hard to pronounce! This session will examine why these new groundwater contaminants are arriving on the scene, what can be learned from the recent experience with MTBE, and how this has changed the attitude of many water purveyors to water quality problems. The session will also discuss a proactive strategy to address these emerging contaminants. Pmented by: Jon Rohrer d'Anthony Brown, Kamcv LEGAL s''RACU Project Implementation and Property Acquisition Where have all the easy projects gone? How do you acquire property for project implementation. times? Make the right moves to protect your critical pla will explain how to avoid the pitfalls that may jeopardi; Pretested by.. Keiib E. MrC.Ao,e). McCormick, Redman tt HUM M REsouRCEs Ta. Mediation Skills for the Workplace Dealing effectively with conflict in the workplace has for managers in all organizations. Employers and turning toward mediation to avoid costly and time - session focuses on the mediation process and skills Facilitating difficult conversations, creative prof negotiations and communication will all be covered. Presented by: Maureen J. Hoehler Affiance for Resolution 6:00 — 9:OOpm Award's Banquet and Entertainment Jim Giovanni is a unique and multi -talented entertainer. He can act, sing and do impress ions s 3: of everyone from Bill Cosby to " —.r The Governatorl Originating y from the G neater Bay Area, J im has. been headlining comedy clubs nationwide for over 15 years. Jim has opened for Robin Williams, Ray Charles, Crystal Gale, and so many more! Risk Management Issues for Special Districts -Are We Covered? ere at the worldwide headquarters of SDRMA, we get several questions from members about coverage. What exactly are we covered for? Liability? Workers'ti , As f^Ai" The core of the evi again be an'i recognized for and proactiv evening full your peers as the dedicatiol community. W! you all there! Compensation for Board members? Auto Liability? Special Events? This session There is a small additional, chat will discuss the risk management issues facing special districts. Bring your banquet ($35 for conference attendees, $60 for guests).:�!_`.s questions for a fun, interactive session. Presented by: Dennis Timoney, Sperial District Risk Management Autbority Anniversary Modern World: difficult economic case study session project. LLP a critical function s are increasingly ig litigation. This to be successful. ng, interpersonal however, will once I members being ingenuity, creativity dership. Spend an ghter and applaud are commended for he special district forward to seeing to attend the ,%P0, 7r,r Thursday I September 7:30-8:30am CSDA Board Meeting 7:30-9:00am Annual Breakfast 9:00 — 10:30am Breakouts FINANCE/HUMAN RESOURCES TRACK Cut Costs Not Staff The presentation will focus on what private industry has been doing for years to cut costs - outsourcing. We will discuss how to compare costs, benefits and control issues. Attendees will look at the best ways of investigating areas in departments that could be considered for outsourcing. Presented by: John Garcia, DauProse, Inc. LEGAL TRACK Keeping Up with the Brown Act The Brown Act is invoked more and more frequently as a basis to challenge employment decisions. This workshop will reviewthe ways in which the Brown Act Intersects with public employment issues, including closed sessions, administrative decisions, litigation, and settlements. This workshop will discuss recent cases, including Morrison v. HACLA, relating to the Brown Act and will provide tools to avoiding a call from the district attorney. Prermted by Peter Broton d- Mary Dovmlt: Liebert Casidy Witmore SERVICE TRACK— MOSQUITO & VECTOR CONTROL What's the Buzz? Come hear the latest on mosquito and vector control issues including West Nile Virus and vector -home disease surveillance. Brought to you by Coachella Valley MVCD. Pserented by: California Department ofHeaGb Service, UCDavu CmAn for Vector-borne Disease, and Coachella VaIL7 MVCD. MANAGEMENT TRACK t The Challenges Facing Special Distsiats,Today—, eZI How to Get Ready for Them ;Though they: are contmuing,',to serve; their -communrttes �well specials .distracts today .. F` ^are,struggling>with a. for$jiidable..Aeray`Of`4 :� challenges. Whatcan districts do to masses the-,,! ever"more toinpiv job of run.ing an Effective , ..r and efficient -local government,and serve:their t ';communities better? This oesentatmgfocuses ;.. ..on preparing a strategic plan.which will help the district establish a vision and prioritize .=goals and objectives in adIII op, the concept . Of" Reach.0utside';will,be discussed. ";Reach '.y0utside" is the idea of seeking' ways 'to, work cooperatively with other districts i,the public, cities counties;regulators, .and, legislators to serve the district and Itscustomers now and inthe future Presented by: Martin and Robert Rauch, Rauch Communrcatson.Comeakantr 10:30 — 12:00pm Ralph Heim — Legislative Review 2004 Ralph Heim, CSDA's Legislative' Advocate, will update conference goers on the incredible events of this busy yeas Topics covered will'incl'ude the special district reform fight centering on Senator Ortiz's SB 1272; the clash over tonstitutionai protection of local revenues; the yearly budget battle; and several other. issues that helped to make this the most memorable year in recent special district history. 'i. kA .Jt k ,t t 35th Anniversary ®oo REGISTRATION BEFORE SEPTEMBER 3, 2004 AFTER SEPTEMBER 3, 2004 Full registration includes admittance to almost the entire program, ❑ CSDA Members: $ 325.00 ❑ CSDA Members: $ 375.00 including your choice of sessions from the strategic workshops ❑ Non-members: $525.00 ❑ Nan -members: $575.00 offered and all conference materials,as well as all refreshment breaks, opening lunch and breakfast buffet. The Awards Banquet. Roundtable Luncheons and Governance Academy are NOT INCLUDED. W Method of Payment: ❑ Check ❑ Visa ❑Mastercard ❑ Please Invoice Print Acc' Name: Account#: Expiration Date: Name on Credit Card: Signature: Special needs: 0 Wheelchair Access ❑ Visually Impaired ❑ Hearing Impaired ❑ Vegetarian ❑ Other MONDAY - GOVERNANCE ACADEMY WEDNESDAY REGISTRATION ❑ Governance Foundations Before September 3, 2004 ❑ Board's Role in Human Resources ❑ Only $35.00 with Registration! ❑ CSDA Members: $ 160.00 ❑ CSDA Members: $ 160.00 CS DA's Awards Program celebrates ❑ Non-members: $ 190.00 ❑ SDLFSpon.Memb: $185.00 the Ingenuity, creativity and After September 3, 2004 ❑ Non-members: $ 250.00 diversity of our member districts. - ❑ CSDA Members: $ 195.00 "Discount, availab&for Full Academy Aegirvxcion. The program Includes awards for ❑ Non-members: $225.00 Check on-line at wwwadmnet or call us wafter at Innovative program, exceptional ❑ CSD Luncheon: $ 30.00 877.924. CSDA public outreach, and safety programs ❑ HR Luncheon: $ 30.00 "Seepagefivefor dttai4. — categories that reflect your ❑ Money Matters: No Charge district's efforts to improve programs and build relationships with your TUESDAY REGISTRATION communities. THURSDAY REGISTRATION Before September 3, 2004 Before September 3, 2004 ' ❑ CSDA Members: $ 125.00 ❑ CSDA Members: $ 125.00 woolC3Non-members: $ 150.00 El Non-members: $ 150.00 After September 3, 2004 ❑ All Meal Pass: After September 3, 2004 El§ CSDA Members: f 160.00 150.00 ❑ CSDA Members: $160.00 ❑ Non-members: $ 185.00 ❑ CSD Luncheon (Wed.): ❑ Non-members: $ 185.00 $ 30.00 ❑ Human Resources Luncheon: .$ 30.00 (Wed.) CALCULATE REGISTRATION COST: ❑ Money Matters Roundtable: No Charge (Wed.) PLEASE MAIL/FA%THIS FORM TO: Registration $ ❑ Opening Lunch (Tues.): California Special Districts Association Governance Academy $ $ 45.00 1215 K Street, Suite 930 Awards Banquet $ ❑ Awards Banquet (Wed.): Sacramento, CA 95814 Roundtable Luncheon $ $ 60.00 Fax:916.442.7889 • Toll-free:877.924.CSDA ❑ Annual Breakfast (Thurs.): Guest Meal Pass $ $ 45.00 (gz,ans mid begiven teparate meal ticken) Total Amount Enclosed: $ W Method of Payment: ❑ Check ❑ Visa ❑Mastercard ❑ Please Invoice Print Acc' Name: Account#: Expiration Date: Name on Credit Card: Signature: Special needs: 0 Wheelchair Access ❑ Visually Impaired ❑ Hearing Impaired ❑ Vegetarian ❑ Other TOW Association of State Drinking Water Administrators Registration &Agenda 'AA Annual Conference Hyatt Regency on Town Lake - Austin, TX October 3-7,2004 02 on L ,%W Preliminary Agenda Sunday, October 3 AU Day ASDWA Board of Directors Meeting Monday, October 4 Morning ASDWA Member Business Meeting and Tuesday, October 5 Morning Afternoon OPENING SESSION Welcome, Year in Review, Plenary Session CONCURRENTSESSIONS* Wednesday, October 6 Morning CONCURRENTSESSIONS• Afternoon CONCURRENTSESSIONS• Afternoon CLOSING SESSION Plenary Session and Concluding Remarks *Concurrent sessions have not been assigned particular dates or times; however, topics are: • Innovative Treatment Technologies (arsenic, MTBE, emerging contaminants) Electronic Sanitary Surveys (state perspectives) • Small Systems (funding, tools, assessments) • Strategic System Management(HACCP,AWOP) • Research and Emerging Initiatives (AW WARF) • Security (strategies, tools, and partnerships) • Operator Support (field safety, training, grants) • Source Water Protection (state successes, case studies) • DataManagement (SDWIS modernization) • Distribution Systems (TCR technologies) Thursday, October 7 All Day State Security Workshop (separate invitational event) Hotel Information ASDWA's 1011 Annual Conference will beheld at the HyattRegency on Town Lake in Austin, Texas. For your convenience, ASDWA has negotiated a discountroomrate of $142 single/double occupancy. To reserve your hotel room, please call the Hyatt Regency on Town Lake directly at 512-477-1234 and refer to the ASDWA room block. Reservations must be made by September 8 to take advantage of thisdiscount. This is abusy time of year in Austin, so make yourreservationearly! States (ONLY) Rountable morning State/EPA (ONLY) Roundtable Afternoon State/EPA(ONLY)Roundtable Afternoon ASDWA Committee Meetings Evening Exhibits Open Evening Welcoming Reception Tuesday, October 5 Morning Afternoon OPENING SESSION Welcome, Year in Review, Plenary Session CONCURRENTSESSIONS* Wednesday, October 6 Morning CONCURRENTSESSIONS• Afternoon CONCURRENTSESSIONS• Afternoon CLOSING SESSION Plenary Session and Concluding Remarks *Concurrent sessions have not been assigned particular dates or times; however, topics are: • Innovative Treatment Technologies (arsenic, MTBE, emerging contaminants) Electronic Sanitary Surveys (state perspectives) • Small Systems (funding, tools, assessments) • Strategic System Management(HACCP,AWOP) • Research and Emerging Initiatives (AW WARF) • Security (strategies, tools, and partnerships) • Operator Support (field safety, training, grants) • Source Water Protection (state successes, case studies) • DataManagement (SDWIS modernization) • Distribution Systems (TCR technologies) Thursday, October 7 All Day State Security Workshop (separate invitational event) Hotel Information ASDWA's 1011 Annual Conference will beheld at the HyattRegency on Town Lake in Austin, Texas. For your convenience, ASDWA has negotiated a discountroomrate of $142 single/double occupancy. To reserve your hotel room, please call the Hyatt Regency on Town Lake directly at 512-477-1234 and refer to the ASDWA room block. Reservations must be made by September 8 to take advantage of thisdiscount. This is abusy time of year in Austin, so make yourreservationearly! %,, ASDWA Nineteenth Annual Conference October 3-7, 2004 - Austin, Texas Registration Form Your badge will be prepared from the information provided below. Please complete all items and type or print clearly. Name Prefix _ (last) (first and initial) (e.g., Dr., Mr., Ms.) First Name for Badge Department Address Title (street and number) 1400, (city) (state and zip code) Telephone Fax E-mail Registration Fees Please circle registration category. Before 9/1 After 9/1 State or EPA personnel $325.00 $350.00 Three or more state or EPA $275.00 n/a personnel from the same office Others $400.00 $425.00 Note here if you require special accessibility or assistance at the conference. My requirements are: Please send registration form with check or money order by September 1, 2004 to ASDWA at: 1025 Connecticut Ave., NW, Suite 903 Washington, DC 20036