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Home My WebLink AboutAgenda Packet - EVWD Board of Directors - 01/10/2006 t'tW D East Valley '-'" Water District 3654 HIGHLAND AVE., SUITE #12, HIGHLAND, CA REGULAR BOARD MEETING January 10, 2006 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 .. ... ... ... .. ... ... ... ... ... ... ... .. ... ... ... ... .. ... ... ... ... .. ... ... ... ... ... ... ... ... .. ... ... ... .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. ... ... .. ... ... .. ... ... .. ... ... ... ... ... ... ... ... :I. Public Comments 2. Approval of Agenda \;"..,1 ~ONSENT CALENDAR 3. Approval of Board Meeting Minutes for December 13, 2005 4. Resolution 2006.01 - A Resolution of the Board of Directors of the East Valley Water District Accepting Conveyance of Pipeline Easement from Standard Pacific Corp., located in the City of Highland, County of San Bernardino, State of California 5. Resolution 2006.02 - A Resolution of the Board of Directors of the East Valley Water District Accepting Conveyance of Pipeline Easement from Standard Pacific Corp., located in the City of Highland, County of San Bernardino, State of California 6. Resolution 2006.03 - A Resolution of the Board of Directors of the East Valley Water District Accepting Conveyance of Pipeline Easement from Standard Pacific Corp., located in the City of Highland, County of San Bernardino, State of California 7. Resolution 2006.04 - A Resolution of the Board of Directors of the East Valley Water District Accepting Conveyance of Pipeline Easement from Standard Pacific Corp., located in the City of Highland, County of San Bernardino, State of California ~ '-' 8. Resolution 2006.05 - A Resolution of the Board of Directors of the East Valley Water District Accepting Conveyance of Pipeline Easement from Standard Pacific Corp., located in the City of Highland, County of San Bernardino, State of California 9. Approval of Development Agreement between East Valley Water District and Toll Land XXIII, L.P. to subdivide and develop certain real property consisting of sixty (60) dwelling units identified as Assessor's Parcel Numbers 1210-38]-01,297-0] 1-]4 and 297-001-]9 in the City of Highland, County of San Bernardino, State of California 10. Accounts Payable Disbursements: Accounts Payable Checks 204348 through 204694 were distributed December 7, 2005 through January 4, 2006 in the amount of $1,356,051.66. Payroll Checks for period ended November 30, 2005, December 9, 2005 and December 23, 2005 and included checks and direct deposits, in the amount of $5,082.8], $117,119.89 and $125,475.62. Total Disbursements for the period were $1,603,729.98 OLD BUSINESS '-I 11. Approval of Water Services Agreement between East Valley Water District and Basin Water for We1l40A Uranium Treatment Plant 12. Discussion and Possible Action Regarding 2006 Committee Structure and Assignments 13. Headquarters Project Review and Update (General Manager) NEW BUSINESS 14. Discussion and Possible Action Regarding Disposal of Surplus Vehicles 15. Discussion and Possible action regarding District Participation in the City of Highland's 10th Annual Highland Citrus Harvest Festival on March 25, 2006 16. Resolution 2006.06 - Authorizing the Execution and Delivery of an Installment sale Agreement, and Authorizing and Directing Certain Actions in Connection with the Acquisition and Construction of a Pipeline Project, the Acquisition of Real Property and the Acquisition and construction of a Water Well 17. Discussion and Possible Action regarding Letter received from Dr. Darleen Stoner and -- Ada Ramirez of the Environmental Education Resource Center, California State University San Bernardino, regarding partnership contribution for the Environmental EXPO, January 27, 2006 2 '-" 18. Directors' fees and expenses for December 2005 REPORTS 19. General Manager's Report 20. Oral Comments from Board of Directors CORRESPONDENCE 21. Letter of Appreciation to the District from Penny Chua for Sponsorship and Bottled Water Donation at the San Bernardino International Airport Runway Dedication Event 22. Letter of Appreciation to the District from Alexandra Ward for Sponsorship and Bottled Water Donation to the National Charity League Philanthropy Faire .. MEETINGS 23. Environmental Expo "Celebrating 20 Years of Environmental Education Excellence Through Art", Division 9 Gallery in Life Arts Building, 3485 University Avenue, Riverside, CA, January 27, 2006 24. California Hydroelectric Projects Seminar, Crowne Plaza Union Square, San Francisco, February 3, 2006 25. 2006 NGW A Naturally Occurring Contaminants Conference: Arsenic, Radium, Radon, and Uranium, Hotel Albuquerque at Old Town, Albuquerque, New Mexico, February 6- 7,2006 26. Special District and Local Government Institute Governance Seminar, Disney's Paradise Pier Hotel, Anaheim, February 16-17, 2006 27. WESTCAS Winter Conference, Marriott Denver City, 1701 California Street, Denver, CO, February 21-24.2006 28. Water Education Foundation Executive Briefing "Building a Vision: Putting the Pieces Together" Radisson Hotel, 500 Leisure Lane, Sacramento, March 23-24, 2006 '-' 3 '-' rLOSED SESSION 29. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Government Code Section 54956.8] Property: 27+/- Acres of Vacant Land South of Highland Ave, West of Central Ave San Bernardino County, California APN: 1191-25-01,03,04 Party with whom District will negotiate: State of California Party who will be negotiating on behalf of the District: Robert Martin Under Negotiation: Price and Terms of Payment ANNOUNCEMENT OF CLOSED SESSION ACTIONS ~ ~DJOURN ------------------------------------------------------------------- Pursuant to Government Code Section 54954.2(a), any request for a disability-related modifkation 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. ------------------------------------------------------------------- .~ 4 "'-' Subiect to approval EAST VALLEY WATER DISTRICT DECEMBER 13, 2005 REGULAR BOARD MEETING MINUTES The meeting was called to order at 2:00 p.m. by President Wilson. Fred Hicks led the flag salute. PRESENT: Directors Goodin, Lightfoot, Negrete, Sturgeon, Wilson ABSENT: None STAFF: Robert Martin, General Manager; Ron Buchwald, Assistant , District Engineer; Brian Tompkins, Chief Financial. Officer; Justine Hendricksen, Administrative Manager; Efiseo Ochoa, '......-' Associate Civil Engineer LEC3AL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews (McAndrews & Boyd), Charles Roberts (Highland Community News), Fred Hicks, Cheryl Tubbs (Lilburn Corporation), William O'Neil (COM) The General Manager read the oath of office and swore in the newly elected Board Members: George E. Wilson, Glenn Lightfoot, and Edward S. Negrete. APPROVAL OF AGENDA M/S/C (Lightfoot-Negrete) that the December 13, 2005 Agenda be approved as submitted. PUBLIC PARTICIPATION President Wilson declared the public participation section of the meeting open at 2:02 p.m. There being no written or verbal comments, the pUblic participation section was closed. '--' 12113/05 "-" ADJOURN TO EAST VALLEY PUBLIC FACILITIES CORPORATION MEETING RECONVENE TO EAST V ALLEY WATER DISTRICT REGULAR BOARD MEE:TING APPROVAL OF NOVEMBER 22,2005 BOARD MEETING MINUTES Director Goodin stated a correction on page three; Board President should reflect George E. Wilson not Glenn R. Lightfoot. M/S/C (Lightfoot-Negrete) that the November 22, 2005 Board Meeting Minutes be approved as amended. APPROVAL OF NOVEMBER 28,2005 SPECIAL BOARD MEETING MINUTES M/S/C (Lightfoot-Negrete) that the November 28, 2005 Special Board Meeting Minutes be approved as submitted. RESOLUTION 2005.32 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE: EAST VALLEY WATER DISTRICT ACCEPTING CONVEYANCE OF PIPELINE EASEMENT FROM GREENSPOT VILLAGE AND MARKET PLACE, '-" LLC:, LOCATED IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, was presented to the Board for app.roval. M/S/C (Lightfoot-Negrete) that Resolution 2005.32 be approved. RESOLUTION 2005.33 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ACCEPTING CONVEYANCE OF PIPELINE EASEMENT FROM GREENSPOT VILLAGE AND MARKET PLACE, LLG, LOCATED IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA was presented to the Board for approval. M/S/C (Lightfoot-Negrete) that Resolution 2005.33 be approved. RESOLUTION 2005.34 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT AUTHORIZING THE EXECUTION OF A GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, was presented to the Board for approval. M/S/C (Lightfoot-Negrete) that Resolution 2005.34 be approved. .~ 2 Minutes: ] 2/13/05 DISI3URSEMENTS '-" M/S/C (Lightfoot-Negrete) that General Fund Disbursements #204105 through 204347 distributed during the period of November 17, 2005 through December 7, 2005 in the amount of $1,623,334.74 and Payroll Fund Disbursements for the period ended November 25, 2005 in the amount of $156,649.85 totaling $1,779,984.59 be approved. REVIEW AND APPROVE COM'S REPORT ON THE SEVEN OAKS DAM WATER QUALITY ISSUES The General Manager provided an update and review of the comprehensive report COM has prepared regarding water quality issues and impacts from the Seven Oaks Dam; that CDM is documenting existing problems, solutions and recommendations for the Army Corps of Engineers; that the report will be forwarded to the Army Corps of Engineers; that he recommends approval of the report. M/S/C (Negrete-Lightfoot) that the report COM has prepared regarding the Seven Oaks Dam Water Impacts Study be approved. HEADQUARTERS PROJECT REVIEW AND UPDATE The General Manager stated the headquarters project is moving forward. ~ Information Only. CONSIDERATION AND POSSIBLE ADOPTION OF RESOLUTION 2005.36 "ESTABLISHING GUIDELINES FOR BOARD COMPENSATION, REIMBURSEMENT, AND ETHICS TRAINING", was presented to the Board for approval. Legal Council reviewed the proposed resolution with the Board. The Board would like 2.3.2(a) reviewed and changed regarding airfare transportation; and the effective date to reflect January 1, 2006. Director Goodin commended Mr. Kennedy for the extensive work he has done in preparation for Resolution 2005.36. M/S/C (Goodin-Lightfoot) that Resolution 2005.36 be approved with the changes as noted. BOARD REORGANIZATION Pr€~sident Wilson declared nominations open for Board Reorganization. '-'" Director Wilson nominated Kip Sturgeon for President. 3 Minutes: 12113/05 "-' Director Lightfoot nominated Edward S. Negrete for Vice President. M/S/C (Wilson-Lightfoot) that the nomination(s) for President and Vice President be closed and the ballot be cast for Kip Sturgeon as President and Edward S. Negrete for Vice President of the Board. M/S/C (Lightfoot-Negrete) that Robert Martin be re-appointed as General Manager. M/S/C (Lightfoot-Negrete) that Robert Martin be re-appointed as Board Secretary. M/S/C (Lightfoot-Negrete) that Brian Tompkins be re-appointed as Chief Financial Officer. SETTING TIME AND PLACE FOR HOLDING MEETINGS Director Wilson declared the time and place for holding regular meetings is open for discussion. M/S/C (Lightfoot-Negrete) that the District's Regular Board Meetings be held \'...,..1 at the District's Office located at 3654 E. Highland Avenue Suite 12, Highland, California, .on the 'second (2nd) and fourth (4th) Tuesday of ea~h month at .2:00 p.m. DISCUSSION AND POSSIBLE ACTION REGARDING AUTHORIZATION TO BID THI:: CONSTRUCTION OF A NEW WELL FOR PLANT 132, was presented to the Board. The General Manager updated the Board regarding the Construction Proposal for Plant 132 Well Replacement and COM's cost estimate for drilling and installation of the proposed well; that he recommends approval of the construction Proposal and requests approval to have the project bid. M/S/C (Negrete-Lightfoot) that the Plant 132 Well Replacement Construction proposal, and authorization to solicit contractors to bid on the project be approved. REQUEST FROM GENERAL MANAGER FOR BUY BACK OF VACATION TIME M/S/C (Sturgeon-Goodin) that the request from the General Manager for buy back of vacation time be approved. DIRECTOR'S FEES AND EXPENSES FOR NOVEMBER 2005, were presented to the Board for approval. "-' 4 Minutes: 12/13/05 '-' M/S/C (Lightfoot-Negrete) that the Director's fees and expenses for November 2005 be approved. DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST FOR SUPPORT FROM ACWA FOR THE "CALIFORNIA WATER", A 12-13 PART SERIES PRODUCED AND HOSTED BY HUELL HOWSER FOR PUBLIC TELEVISION, was presented to the Board. President Sturgeon suggests a token amount be pledged to ACWA for support of the "California Water" production project. Director Wilson would like to see the costs associated with the production before offering a token amount of support. Director Goodin would like more information on the project, and would like this item brought back to the Board in January 2006. No action taken. PUBLIC HEARING PUIBLlC HEARING TO ADOPT THE 2005 UPDATE OF THE EAST VALLEY ~ ,WATER DISTRICTrS URBAN WATER MANAGEMENT PLAN DIRECTOR WILSON DECLARED THE PUBLIC HEARING SECTION OF THE MEETING OPEN AT 2:34 P.M. . . ThE! General Manager introduced Cheryl Tubbs from Lilburn Corporation. Ms Tubbs provided the Board with an extensive review of the District's Urban Water Management Plan; that the State Department of Water Resources (DWR) requires that the District update its Urban Water Management Plan every five years. Ms Tubbs reviewed many contents of the report with the Board including Service Area, Water Sources, Reliability Planning, Water Use Provisions, Supply and Demand Comparison Provision, Water Management Measures and Water Shortage contingency Plans. There were no written or verbal comments submitted regarding this report. DIRECTOR WILSON DECLARED THE PUBLIC HEARING SECTION OF THE MEETING CLOSED AT 2:42 P.M. M/S/C (Lightfoot-Negrete) that the 2005 Update of the East Valley Water District's Urban Water Management Plan be adopted. "-' 5 Minutes: 121t3/05 PUBLIC HEARING ~ PUBLIC HEARING TO CONSIDER ADOPTION OF A NEGATIVE DECLARATION FOR EAST VALLEY WATER DISTRICT'S PLANT 40 DISPOSABLE RESIN EXCHANGE SYSTEM FOR URANIUM REMOVAL PROJECT DIRECTOR WILSON DECLARED THE PUBLIC HEARING SECTION OF THE MEETING OPEN AT 2:42 P.M. The General Manager updated the Board on the District's Plant 40 Disposal Resin Ion Exchange System for Uranium Removal Project; that two comments regarding the CEQA documents were received and responses were sent. There being no other written or verbal comments, the public participation section was closed. DIRECTOR WILSON DECLARED THE PUBLIC HEARING SECTION OF THE MEI::TING CLOSED AT 2:43 P.M. DISCUSSION AND POSSIBLE ACTION REGARDING NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION FOR EAST VALLEY WATER DISTRICT'S PLANT 40 DISPOSABLE RESIN ION EXCHANGE SYSTEM FOR URANIUM REMOVAL PROJECT "-' . M/S/C (Sturgeon-Negrete) that the Board Adopt the Negative Declaration; Adopt the Mitigation Monitoring and Reporting Program; adopt a De Minimus Impact Finding; and instruct staff to file the Notice of Determination and Certificate of Fee Exemption with the County of San Bernardino Clerk of the Board of Supervisors and the State Office of Planning and Research, State Clearinghouse. GENERAL MANAGER'S REPORT The General Manager reported on the District's operations to date; that the Sterling Avenue Pipeline Project is moving forward; that escrow is due to close next month on the Del Rosa 16th Street property. Information Only. ORAL COMMENTS FROM BOARD OF DIRECTORS The General Manager introduced Fred Hicks, the District's Federal Lobbyist. Mr. Hicks commented that Congress is in session this week; that Congressman Lewis did an excellent job appropriating funds for the Army Corps of Engineers to study the Seven Oaks Dam water quality issues; that 2006 may not be a good year for Congress. ~ 6 Minutes: 12/13/05 "-' President Sturgeon commended Director Wilson for his efforts the last two years as the Board President. Director Goodin offered gratitude to Ron Buchwald and staff for setting up the Metropolitan Water District tour. Director Negrete thanked Mr. Hicks for addressing the Board, and thanked the Board for electing him Vice President. DireGtor Lightfoot commented we should discontinue going to the facility located at Lorna & Citrus when we have District Tours. DireGtor Wilson commented that he attended a Safe Drinking Water Sub-Committee meeting last month. There being no further verbal or written comments from the Directors, this section of the meeting was closed. Information Only. SAN BERNARDINO AREA CHAMBER OF COMMERCE ANNUAL HOLIDAY RECEPTION AND OPEN HOUSE, 546 WEST 6TH STREET, SAN BERNARDINO, DECEMBER 15, 2005 ASSOCIATION' OF THE SAN BERNARDINO COUNTY SPECIALOISTRICT \.,.1 MEMBERSHIP MEETING, HOSTED BY WEST VALLEY WATER DISTRICT, EL RANCHO VERDE ROYAL VISTA GOLF COURSE, RIAL TO, DECEMBER 19, 2005 CALIFORNIA MUNICIPAL UTILITIES ASSOCIATION LEGISLATIVE BRIEFING AND RECEPTION, HYATT REGENCY, SACRAMENTO, CA JANUARY 30,2006 Information Only. THE BOARD TOOK A FIVE MINUTE BREAK CLOSED SESSION The Board entered into Closed Session at 3:07 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss the item(s) listed on the Agenda. ADJIOURN TO REGULAR SESSION Director Wilson declared that the meeting adjourn to regular session. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to session at 3:26 p.m. The item(s) listed on the Agenda were "-' discussed in clos~d session with the following action being taken: 7 Minutes: 12/13/05 ~ With respect to item #31: No action taken. With respect to item #32 First Case: The Board by a unanimous decision authorized staff and Legal Council to accept the settlement proposal from the City of South San Francisco regarding the Gibson Cleanup Site. With respect to item #32 Second Case: The Board by a unanimous decision authorized staff and Legal Council to execute the First Amendment Agreement to Develop and Adopt an Institutional Controls Groundwater Management Program. AD.JOURN The meeting was adjourned at 3:26 p.m. until the next regularly scheduled Board Meeting on January 10, 2006. Kip Sturgeon, President ~ Robert E. Martin, Secretary "-' 8 Minutes; 12/13/05 RESOLUTION 2006.01 \....,; A Resolution Of The Board Of Directors Of The East Valley Water District Accepting Conveyance Of Pipeline Easement from Standard Pacific Corp., as Grantor of an easement as described in Exhibits "A" and "B" 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 December 16, 2005, and signed by Michael J. White and August Belmont, Managing Members for Standard Pacific Corp. as grantor (8) 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 January 10, 2006. ... . Ayes: Directors: Noes: Absent: EAST VALLEY WATER DISTRICT Kip Sturgeon, Board President ATTEST: Robert E. Martin, Board Secretary .Job No. W/S2267 Tract 16014 1/04/06Ih "-' ~ RECORD REQUEST OF AND MAIL TO: East Valley Water District P. O. Box 3427 San Bernardino, CA 92413 CONVEYANCE OF PIPELINE EASEMENT STANDARD PACIFIC CORP., A DELAWARE CORPORATION as Grantor(s), for valuable consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, seil and convey to the East Valley Water District, a County Water District, its successors and assigns, as Grantee, an easement and right-of-way in, over, upon, under and across the lands hereinafter described to construct, use, maintain, alter, add to, inspect, repair, replace and/or remove pipeline or pipelines together with all necessary appurtenances within the right-of-way and for the ingress and egress throughout the entire easement and right-of-way in connection with the exercise of any of the foregoing rights. The property subject to this easement. located in the County of San Bernardino, State of Caiifornia, is described as foilows: See Exhibit "A" and "B" attached hereto and made a part hereof \....,.I Grantor(s) and his successors and assigns 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. Grantor(s) and his successors and assigns further agree that no buildings, fences, walls, structures of any kind, and no trees, shrubs or other plants or vegetation, shall be installed, constructed, erected, piaced, planted or maintained in the easement and right-of-way and that the existing ground elevation will not be increased or decreased, without the prior written consent of the Grantee. Grantee shall have the right to use gates in ail fences which now cross said easement, and to trim, cut <fown or clear away any trees, shrubs or other plants or vegetation whenever, in the Grantee's judgement, it is necessary for the convenient and safe exercise of the rights hereby granted. This instrument shall be binding upon and inure to the benefit of the successors and assigns of the Grantor(s). Oe.cem.be IN WITNESS WHEREOF, the Grantor(s) has executed this instrumen day of , ,~O.as. \..,....' 'A+~'.(''''''' Nn""""y r-o...) \ Ll:;';,,:I. \....0: ...........,t. I CALIFORNIA ALL.PURPOSE ACKNOWLEOGEMENT State of California } County of Riverside SS. On 12/16/05 before me, Brandi L. Watt Notary Public Date Name and Title of Officer personally appeared Michael J. White and August Belmont o personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) it/are subscribed to the within instrument and ~ It ~ ~ ~ ~ ~ - - ~ - .. &1 acknowledged to me that ~/sVe/they executed .. BRANDI L. WAn the same in p;!;/~r/their authorized . ~... Commission # 1426406 , capacity(ies), and that by i){s/l;ll!r/their ~ ; -.,; . ~ Notary Public. Colifornio ~ signature(s) on the instrument the person(s), or J ' .. Riverside County the entity upon behalf of which the person(s) J ,,' My Comm. Expires Jun 24. 2007 acted, executed the instrument. WITNESS my hand and official seal. ~~6 Signature of Notary Public '- ...................-................................................OPTIONAL.:.......................................................~........_.. Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . RIGHT THUMBf:lRINT ' OF SIGNER o Individual o Corporate Officer.. Title(s): D Partner..? Limited ? General D Attorney.in.Fact DTrustee o Guardian or ConservaJor o Other: 1 ,,,,.,,,.,~oo"~, . EXHIBIT "Au "-'" LEGAL DESCRIPTION SEWER AND WATER EASEMENT THOSE PORTIONS OF LOTS "F" AND '~G" OF TRACT NUMBER 16014 IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 306, PAGES 81 THROUGH 86, INCLUSIVE OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT "F"; THENCE ALONG THE WESTERLY LINE OF SAID LOT "F", NORTH 000 13' 43" EAST, A DISTANCE OF 242.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 000 13' 43" EAST, A DISTANCE OF 35.04 FEET: THENCE LEAVING SAID WESTERLY LINE, NORTH 870 21'45" EAST, A DISTANCE OF 125.85 FEET TO A POINT ON THE CURVED EASTERLY LINE OF SAID LOT "G", SAID CURVE BEING CONCAVE WESTERLY HAVING A RADIUS OF 55.00 FEET AND AN ARC LENGTH OF 23.25 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 80003' 43" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 110 10' 14", AN ARC DISTANCE OF 10.72 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF A REVERSE CURVE IN T.HE SAID EASTERLY LINE CONCAVE TO THE EAST AND HAVING A RADIUS OF 65.00 FEET, A RADIAL LINE OF SAID.CURVE TO SAID POINT BEARS NORTH 680 53' 29" vilEST; """"'" THENCE SOUTHERLY ALONG SAID CURVE THROUGH A. CENTRAL ANGLE OF 22033' 31" AN ARC DISTANCE OF 25.59 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 87021' 45" WEST, A DISTANCE OF 121.77 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4353 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PRE~NDER THE SUPER ISION OF: '-v G:1525154ILEGALSIEVWD-F \- EXHIBIT "B" SHEET t OF t SHEETS SEWER AND WATER EASEMENT '<....,.; ~~ w . I!!b 1I@~ ~':q- - 0 r<') . lJ= ,-tn 0'" <9> 0 tJ z d w 0:::: -"",-,,~,,- ~~ t1 N 67'21' 45" E 126.65' :c ~~ () 0:::: S 67'21'45" W 121.77'~ ::> ~ ~~.::,. "--~ :c () w I!!b . w "'- ....~ z: _ CD lJ= '" . ::5 ,-~ <9> .1I@~ gN z d ~ 'iFlR1ffi\~'iF [N]@. 1I~@1I~ [il.)i].~. ~@~/~1I=~~ / 1I@~ CURVE TABLE CURY~DELTA RADIUS LENGTH TANGENT C1 11'10'14" 55.00' 10.72' 5.36' C2 23'33'31" 65.00' 25.59' 12.96' 1 LEGEND ------- INDICATES EASEMENT BOUNDARY LINE INDICATES EXISTING TRACT BOUNDARY LINE INDICATES EXISTING LOT LINE INDICATES EASEMENT AREA ~ OF: 40 20 0 40 ~~~ I GRAPHIC SCALE DATE SCALE 1" = 40' - 1:\52554\EXHIBITS\""d-esml04.dw9 12(12(05 RESOLUTION 2006.02 \~ A Resolution Of The Board Of Directors Of The East Valley Water District Accepting Conveyance Of Pipeline Easement from Standard Pacific Corp., as Grantor of an easement as described in Exhibits "A" and "B" listed in Easement FI:>r 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 December 16, 2005, and signed by Michael J. White and August Belmont, Managing Members for Standard Pacific Corp. as grantor (8) 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 Dir~ctors of the East Valley Water Diqtrict by motion duly made, seconde<;l and' earned on January 10, 2006. Ayes: Directors: Noes: Absent: EAST VALLEY WATER DISTRICT Kip Sturgeon, Board President ATTEST: Robert E. Martin, Board Secretary Job No. W2267 Tract 16014 1/04/061h '""""",, '-" RECORD REQUEST OF AND MAIL TO: East Valley W ateI' District P. O. Box 3427 San Bernardino, CA 92413 CONVEYANCE OF PIPELINE EASEMENT STANDARD PACIFIC CORP., A DELAWARE CORPORATION G t () f I bl I as ran or S I or va ua e 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 and right-of-way in, over, upon, under and across the lands hereinafter described to construct, use, maintain, alter, add to, inspect, repair, replace and/or remove pipeline or pipelines together with all necessary appurtenances within the right-of-way and for the ingress and egress throughout the entire easement and right-of-way in connection with the exercise of any of the foregoing rights. The property subject to this easement, located in the County of San Bernardino, State of California, is described as follows: See Exhibit "A" and "B" attached hereto and made a part hereof Grantor(s) and his successors and assigns 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. Grantor(s) and his successors and assigns further agree that no buildings, fences, walls, structures of any kind, and no trees, shrubs or other plants or vegetation, shall be installed, constructed, erected, placed, planted or maintained in the easement and right-of-way and that the existing ground elevation will not be increased or decreased, without the prior written consent of the Grantee. Grantee shall have the right to use gates in all fences which now cross said easement, and to trim, cut dDwn or clear away any trees, shrubs or other plants or vegetatiDn whenever, in the Grantee's judgement, it is necessary for the convenient and safe exercise of the rights hereby granted. This instrument shall be binding upon and inure to the benefit of the successors and assigns of the Grantor(s). ~ IN WITNESS WHEREOF, the Grantor(s) has executed this instrument t . ()e.C~ e r- ,~~. \J .~ (Att3Ch Notary Ceci) I CALIFORNIA ALL.PURPOSE ACKNOWLEDGEMENT State of California } County of Riverside SS. On 12/16/05 before me, Brandi L. Watt Notary Public Date Name and Title of Officer personally appeared Michael J. White and August Belmont 121 personally known to me o proved to me on the basis of satisfactory evidence to be the person(s} whose name(s) fi/are subscribed to the within instrument and ~ _ _ _ _ _ _ _ _ ~ _ _ _ acknowledged to me that P1/s)fe/they executed . BRANDll. WAIT the same in J;tl's/l},(r/thelr authorized -(I' """. Commission # 1426406 t ~pacity(ies), and that by tji~r/their ~ ;_,,; ~ Notary Public _ California ~ slgnatu~e(s} on the rnstrumentthe person(s}, or ~ <,' Riverside counJy~-' the enlity upon beh~lf of which the person(s} - . MyComm. expires Jun 24, 2007 acted, executed the Instrument. ----...........---- WITNESS mYhanda0~ #ALl(/)1dt- Signature of Notary Public .~ ........m.____:__~____~.___......m_...............................OPTIONAL.............................._..___...._.........'_...m........ Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s} Other Than Named Above: Capacity(;es} Claimed by Signer Signe~s Name: RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer- Title(s}: o Partner - ? Limited ? General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: L "'"." """00"' EJj:HIBIT "An "-" LEGAL DESCRIPTION WATER EASEMENT THAT PORTION OF LOT 'B" OF TRACT NUMBER 16014 IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 306, PAGES 81 THROUGH 86, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF DISTANT THEREON SOUTH 14037' 36" WEST, 49.16 FEET FROM THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE IN THE EASTERLY LINE OF LOT 'B" AS SHOWN ON SAID MAP AS HAVING A BEARING AND A DISTANCE OF NORTH, 14037' 36" EAST, 128.81 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE, SOUTH 14037' 36" WEST, A DISTANCE OF 20.75 FEET; THENCE LEAVING SAID EASTERLY LINE, NORTH 59053' 41" WEST, A DISTANCE OF 118.11 FEET TO A POINT ON THE CURVED NORTH WESTERLY LINE OF SAID LOT "B", SAID CURVE BEING CONCAVE NORTHWESTERLY HAVING A RADIUS OF 65.00 FEET AND AN ARC LENGTH OF 25.99 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 59040' 00" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17054' 31", AN ARC DISTANCE! OF 20.32 FEET; \,....,..' THENCE LEAVING SAID WESTERLY LINE, SOUTH 590 53' 41" EAST, A DISTANCE OF 115.64 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2327 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF HEREOF. PREP~DER THE SUPER\[ SION OF: ( GARY W. DO ICH, P.L.S. 4693 LICENSE E IRES 9-30-07 G:\525\54\LEGALS\ EVWD-B "-" . r-- EXHIBIT "B" SHEET 1 Of' 1 SHEETS I WATER EASEMENT BARNARD LANE \ 3D'! I 1 I 30' I ~~, II ~(j I I II I I ~-- //'\ I / ~ .---/ ~ I I ~ -~--- I I C) / / I I ~- /~ / I C2 / I Q / ~~ 3l~ / -.J / I::::::! .~ / if / ....1 1J~~~lI. [N]@, 1I~@1I~ .f!? I !s2. / I fM1],~, ~@~/~1I=~~ [::, I 0 / I 1 / d I Ei LINE TABLE I / L1NII BEARING LENGTH / / L1 I S14'37'36"W 20.75' I CURVE TABLE CUR~OELTA RADIUS LENGTH TANGENT C1 17'54'31" 65.00' 20.32' 10.24' C2 22'54'35" 65.00' 25.99' 13.17' I - LE~E~_ ~ "- 40 20 0 ~~~ GRAPHIC SCALE GARY W. DO ICH L.S. 4693 SCALE 1" = 40' (EXPIRES 9/30/2007) 1:\52554\EXHIBiTS\evwd-esmtoS.dw9 12/12/05 RESOLUTION 2006.03 "-" A Resolution Of The Board Of Directors Of The East Valley Water District Accepting Conveyance Of Pipeline Easement from Standard Pacific Corp., as Grantor of an easement as described in Exhibits "A" and "B" 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 December 16, 2005, and signed by Michael J. White and August Belmont, Managing Members for Standard Pacific Corp. 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, bl3 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, s.econded and carried on January 10, 2006. . Ayes: Directors: Noes: Absent: EAST VALLEY WATER DISTRICT Kip Sturgeon, Board President ATTEST: Robert E. Martin, Board Secretary Job No. 52267 Tract 16014.1 1/04/06 Ih .~ ~ RECORD REQUEST OF AND MAIL TO: East Valley Water District P. O. Box 3427 San Bernardino, CA 92413 CONVEYANCE OF PIPELINE EASEMENT - - STANDARD PACIFIC CORP., A DELAWARE CORPORATION 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 and right-of-way in, over, upon, under and across the lands hereinafter described to construct, use, maintain, alter, add to, inspect, repair, replace and/or remove pipeline or pipelines together with all necessary appurtenances within the right-of-way and for the ingress and egress throughout the entire easement and right-of-way in connection with the exercise of any of the foregoing rights. The property subject to this eas"ment, located in the County of San Bernardino, State of California, is described as follows: See Exhibit "A" and "B" attached hereto and made a part hereof "'.-' Grantor(s} and his successors and assigns 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. Grantor(s} and his successors and assigns further agree that no buildings, fences, walls, structures of any kind, and no trees, shrubs or other plants or vegetation, shall be installed, constructed, erected, placed, planted or maintained in the easement and right-of-way and that the existing ground elevation will not be increased or decreased, without the prior written consent of the Grantee. Grantee shall have the right to use gates in all fences which now cross said easement, and to trim, cut down or clear away any trees, shrubs or other plants or vegetation whenever, in the Grantee's judgement, it is necessary for the convenient and safe exercise of the rights hereby granted. This instrument shall be binding upon and inure to the benefit of the successors and assigns of the Grantor(s}. Of ~ IN WITNESS WHEREOF, the Grantor(s) has executed this instrumeo.t this ~ day of ~~ t"~ .J~. ~ "A".-~h N"'?cy Ce,') \ ,,0..... '-',..... """ I CALIFORNIA ALL.PURPOSE ACKNOWLEDGEMENT State of California } County of Riverside SS. On 12/16/05 before me, Brandi L. Watt Notary Public Date Name and Title of Officer personaliyappeared Michael J. White and August Beimont 0 personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) pYare t- - - ~ ~ - JA - - ~ - JC. t subscribed to the within instrument and e BRANDll. WAIT acknowiedged to me that hest,;/they executed _ ...., Commission # 1426406 I the same in )<1's/~r/t eir authorized ~ ~.,,; -.:. Notary Public - California ~ capacity(ies), and that by 1Ji€/~r/their i ,', Riverside County signature(s) on the Instrument the person(s). or " MyComm.Expire,Jun24,2007 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. &/fi~~ Signature of Notary Public \,. ........__._..........._m_............._____...m.....____-----OPTIONAL..-..--..--.-..-.----.--.-.......-..---.-.-m__.._m.___... Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Sign"r(s) Other Than Named Above: Cap<lcity{ies) Claimed by Signer Sign,!r's Name: RIGHT THUMBPRINT o Individuai OF SIGNER o Corporate Officer- Title(s): o Partner-? Limited? Generai o Attorney-In-Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: . EXHIBIT "A" '"-,, LEGAL DESCRIPTION SEWER EASEMENT THAT PORTION OF LOT "C" OF TRACT NUMBER 16014-1, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 306, PAGES 78 THROUGH 80, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT "C"; THENCE ALONG THE WESTERLY LINE OF SAID LOT "C", SOUTH 00' 13' 43" WEST, A DISTANCE OF 261.5!5 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE, SOUTH 00' 13' 43" WEST, A DISTANCE OF 21.52 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH 68' 33' aT EAST, A DISTANCE OF 40.46 FEET TO A POINT ON THE CURVED EASTERLY LINE OF SAID LOT "C", SAID CURVE BEING CONCAVE EASTERLY HAVING A RADIUS OF 47.00 FEET AND AN ARC LENGTH OF 86.61 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 58' 43' 47" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24' 35' 32", AN ARC DISTANCE OF 20.17 FEET; :--J THENCE LEAVING SAID EASTERLY LINE, SOUTH 68' 33' 07 WEST, A DISTANCE OF 33.38 FEET TO THE TRUE P91NT OF BEGINNING. CONTAINING 724 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREf~DER THE SUPER SiaN OF: G:1525\54\LEGALS\ EVWD-C2 '-' .. i-- EmIBIT "B" SHEET 1 OF 1 SHEETS SEWER EASEMENT "-" I ~@ I I "in I "< I CD ('oj [L,@'iJ <<; I ?= I ~ .... I ~ r---- ,- -- a ----- I 0 L- ------- - tn I G:i ----- BENNETT COURT I w a:::: tn I I I () I a:::: ;:) I I I () I <<Jl I [)= @ LINE TABLE d ~~ ~~ UN~ BEARING LEN GTH L1 S68'33'07"W 33.38' L2 N68'33'07"E 40.46' 'iJ~~<<;'iJ ~@" ~~@~~=~ L3 S00'13' 43"W 21.52' If&il"~,, ~@~!U'~=~@ CURVE TABLE CUR~DELTA RADIUS LENGTH T ANGF/IIT C1 24'35'32" 47.00' C2 105'34' 42" 47.00 1 /fcp/~ --I Tn -- - ~ 40 20 0 ~~~ GRAPHIC SCALE GARY W. DO CH L.S. 4693 SCALE 1"= 40' (EXPIRES 9/30/2007) - 1:\52554\EXHIBITS\evwd-esml02.dwg 12/12/05 ''"-'' RESOLUTION 2006.04 A Resolution Of The Board Of Directors Of The East Valley Water District Accepting Conveyance Of Pipeline Easement from Standard Pacific Corp., as Grantor of an easement as described in Exhibits "A" and "B" 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 December 16, 2005, and signed by Michael J. White and August Belmont, Managing Members for Standard Pacific Corp. as grantor (8) 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 January'10, 2006. . Ayes: Directors: Noes: ,II.bsent: EAST VALLEY WATER DISTRICT Kip Sturgeon, Board President ATTEST: Robert E. Martin, Board Secretary Job No. WS2267 Tract 16014-1 1/04/06 Ih '-' '-" RECORD REQUEST OF AND MAIL TO: East. Valley Water District P. O. Box 3427 San Bernardino, CA 92413 CONVEYANCE OF PIPELINE EASEMENT STANDARD PACIFIC CORP., A DELAWARE CORPORATION 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 and right-of-way in, over, upon, under and across the lands hereinafter described to construct, use, maintain, alter, add to, inspect, repair, replace and/or remove pipeline or pipelines together with all necessary appurtenances within the right-of-way and for the ingress and egress throughout the entire easement and right-of-way in connection with the exercise of any of the foregoing rights. The property subject to this easement, located in the County of San Bernardino, State of California, is described as follows: See Exhibit "A" and "8' attached hereto and made a part hereof \'...,.1 Grantor(s) and his successors and assigns agree to notify EAST VALLEY WATER DISTRICT of any future use across said easement and to coordinate with EAST VALLEY WATER DISl'RICT the installation of any future facilities within said easement. Grantor(s) and his successors and assigns further agree that no buildings, fences, walls. structures of any kind, and no trees, shrubs or other plants or vegetation, shall be installed, constructed, erected, placed, planted or maintained in the easement and right-of-way and that the existing ground elevation will not be increased or decreased, without the prior written consent of the Grantee. Grantee shall have the right to use gates in all fences which now cross said easement, and to trim. cut down or clear away any trees, shrubs or other plants or vegetation whenever, in the Grantee's judgement, it is necessary for the convenient and safe exercise of the rights hereby granted. This instrument shall be binding upon and inure to the benefit of the successors and assigns of the Grantor(s). ~ ~WITNESS WHEREOF, the Grantor(s) has ~ day of t ,~~~ '--' (Attach Notary Ce~t.) . I CALIFORNIA ALL.PURPOSE ACKNOWLEDGEMENT / State of California } County of Riverside SS. On 12/16/05 before me, Brandi L. Watt Notary Public Date Name and Title of Officer personally appeared Michael J. White and August Belmont [2] personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) jt/are subscribed to the within instrument and _ _ _ _ _ _ - - - = ... i aCknowledged to me that ~~/st;>/!/they executed BRANDI L. WATT the same in j;ri!;/i)e'r/their authorized ..... .. Commission # 1426406 .. capacity(ies), and that by If-'Ij;>{>rltheir $ _. ,_ Notory Public" Calilomio ~. signature(s) on the Instrument the person(s), or 2~' " - Riverside Counly. _M.L the entity upon beh~lf of which the person(s) . .. My Comm. Expires Jun 2~ acted, executed the Instrument. r________...... :;;=h~ Signature of Notary Public. .. ~.' ......................................................................OPTIONAL..........................-..........:..~....~........................ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Desc:riptian of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer S' 'N Igoer same: , RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer.. Titie(s): o Partner - 7 Limited 7 General o Attorney-In-Fact o Trustee o Guardian or Conservator o Other: ""'"'" Signer Is Representing: EXHIBIT "An "-' LEGAL DESCRIPTION SEWER AND WATER EASEMENT THAT PORTION OF LOT "C" OF TRACT NUMBER 16014-1, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 306, PAGES 78 THROUGH 80, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMJIIIENCING AT THE SOUTHWEST CORNER OF SAID LOT "C"; THENCE ALONG THE WESTERLY LINE OF SAID LOT "C", NORTH 00 0 13' 43" EAST, A DISTANCE OF 156.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 000 13' 43" EAST, A DISTANCE OF 42.43 FEET; THENCE LEAVING SAiD WESTERLY LINE, NORTH 45013' 43" EAST, A DISTANCE OF 34.46 FEET TO A POINT ON THE CURVED EASTERLY LINE OF SAID LOT "C", SAID CURVE BEING CONCAVE EASTERLY HAVING A RADIUS OF 47.00 FEET AND AN ARC LENGTH OF 67.03 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 83023' 24" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 400 03' 29", AN ARC DISTANCE OF 32.86 FEET; ""-" THENCE LE/WING $A!D EASTERLY LINE SOUTH 450 13' 43" WEST, A DISTANCE OF 52.78 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1285 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREI~DER THE UP ( GARYW. DO ICH, P.L.S. 4693 LICENSE EXPIRES 9-30-07 ~ G:\525\54\LEGALS\EVWD-C1 \- EXHIBIT "B" SHEET 1 OF 1 SHEETS SEWER AND WATER EASEMENT ~~ ~ ~~ ERICKSON COUR! ------=-- -- ---- GJ r--- .------~ /~ w \ /~ 0::: ~/ t1 J: '-' 0::: :::> J: '-' 11:>08 ~~ UJ , 1L((J)"Jj" ..~" . n- ~~ . "- ...... - '" n . LINE TABLE _co . tr) g~ u,~ BE",IN' LENGTH z "Jj"~~~"Jj" [N]((J), ~~@~~=~ L1 N45'13' 43"E 34.46' [~1[BS, ~@~n~=~@ L2 S45'13'43"W 52.78' L3 NOO'13' 43"E 42.43' ~ CURVE TABLE CURd DELTA RADIUS LENGTH TANGENT C1 40'03'29" 47.00' 32.86' 17.13' C2 B1'43'Or 47.00' 67.03' 40.65' 1 LEGEND - - - - - - - INDICATES EASEMENT BOUNDARY LINE INDICATES EXISTING TRACT BOUNDARY LINE INDICATES EXISTING LOT LINE :::s.==C'SJ INDICATES EASEMENT AREA ~ 40 20 0 40 ~~~ I GRAPHIC SCALE GARY W. DO H L.S. 4693 SCALE 1" = 40' (EXPIRES 9/30/2007) - 1:\52554\EXH181TS\evwd-esmt03.dwq 12/12/05 "-" RESOLUT!ON 2006.05 A Resolution Of The Board Of Directors Of The East Valley Water District Accepting Conveyance Of Pipeline Easement from Standard Pacific Corp., as Grantor of an easement as described in Exhibits "A" and "B" 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 December 16, 2005, and signed by Michael J. White and August Belmont, Managing Members for Standard Pacific Corp. as grantor (5) 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, a.nd 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 January 10, 2006... . . Ayes: Directors: Noes: Absent: EAST VALLEY WATER DISTRICT Kip Sturgeon, Board President ATTEST: Robert E. Martin, Board Secretary .Job No. WS2267 Tract 16014-2 1/04/06Ih "-' , ~ RECORD REQUEST OF AND MAIL TO: East Valley Water District P. O. Box 3427 San Bernardino, CA 92413 CONVEYANCE OF PIPELINE EASEMENT STANDARD PACIFIC CORP.. A DELAWARE CORPORATION 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 and right-of-way in, over, upon, under and across the iands hereinafter described to construct, use, maintain, alter, add to, inspect, repair, replace and/or remove pipeline or pipelines together with all necessary appurtenances within the right-of-way and for the ingress and egress throughout the entire easement and right-of-way in connection with the exercise of any of the foregoing rights. The property subject to this easement, located in the County of San Bernardino, State of California, is described as follows: See Exhibit "A" and "B" attached hereto and made a part hereof \"",..I Grantor(s) and his successors and assigns 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. Grantor(s) and his successors and assigns further agree that no buildings, fences, walls, structures of any kind, and no trees, shrubs or other plants or vegetation, shall be installed, constructed, erected, placed, planted or maintained in the easement and right-of-way and that the existing ground elevation will not be increased or decreased, without the prior written consent of the Grantee. Grantee shall have the right to use gates in ail fences which now cross said easement, and to trim, cut down or ciear away any trees, shrubs or other plants or vegetation whenever, in the Grantee's judgement, it is necessary for the convenient and safe exercise of the rights hereby granted. This instrument shall be binding upon and inure to the benefit of the successors and assigns of the Grantor(s). ~rvITNESS WHEREOF, the Grantor(s) has executed this instrument this .lfL day of 1)e~ ,al~. '" ~ (At3:ch Notary Cen.) . I CALIFORNIA ALL.PURPOSE ACKNOWLEDGEMENT i State of California } County of Riverside SS. On 12/16/05 before me. Brandi L. Watt Notary Public Date Name and Title of Officer personailyappeared Michael J. White and August Belmont o personaily known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) f;lare ~------------i . .. . . BRANDI L. WAIT subscnbed to the Within Instrument and ..... . Commission # 1426406 acknowledged to me that ~e/o;J'ielthey exec~ted :;:'." .' . ;; the same In I;y(s/.rer/thelr authonzed 2 ,..., , ~ NotoryPublic .Colifornlo ~ capacity(ies). and that by \l'fs/?6r/their '.,,'. Riverside County signature(s) on the instrument the person(s), or MyComm.ExpITesJun24.2007 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. gM/!Jnf.!ttN:tf!d'" ~~ " --...-.......-.......--.--.--..-..--.-......--.....................OPTIONAL...............-..-......................-.-..-.-.....-.-.-........ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Titie or Type of Document: Document Date: Number of Pages: Signe>r(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer- Title(s): o I'artner-? Limited? Generai o Attorney-in.Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: . , '-' EXHIBIT "Au LEGAL DESCRIPTION SEWER AND WATER EASEMENT THOSE PORTIONS OF LOTS "12", "C", "0", AND "G" OF TRACT NO. 16014-2, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALiFORNIA, AS SHOWN ON MAP FILED IN BOOK 308, PAGES 49 THROUGH 54, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEGINNING AT A POINT IN THE EASTERLY LiNE OF CHURCH STREET AS SHOWN ON SAiD MAP DISTANT THEREON SOUTH 00' 13' 43" WEST 3.89 FEET FROM THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE IN SAiD EASTERLY LINE SHOWN ON SAID MAP AS HAVING A BEARING AND A DISTANCE OF "NORTH 00' 13' 43" EAST 205.28 FEET"; THENCE ALONG SAID EASTERLY LINE, SOUTH 00' 13' 43" WEST, A DISTANCE OF 30.15 FEET; THENCE LEAVING SAID EASTERLY LINE, NORTH 84025' 08" EAST, A DISTANCE OF 136.55 FEET TO A POINT ON THE CURVED WESTERLY LINE OF EMMERTON LANE AS SHOWN ON SAID MAP, SAiD CURVE BEING CONCAVE EASTERLY HAVING A RADIUS OF 65.00 FEET AND AN ARC LENGTH OF 164.16 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 63' 31' 24'WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26' 54' 55", AN ARC DISTANCE OF 30.53 FEET; "-' THENCE LEAVING SAID WESTERLY LINE, SOUTH 84025' 08" WEST, 129.58 FEET TO THE POINT OF BEGINNING. CONTAINING 3,956 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF HEREOF. PREPARED UNDER THE SUPERVISION OF: ~ GARYW. KICH, P.L.S. 4693 LICENSE EXPIRES 9-30-2007 ~ G:IS25\S4ILEGALSIEVWD1.DOC , ' r-- EXHIBIT "B" SHEET 1 OF 1 SHEETS I SEWER AND WATER EASEMENT EMMERTON LANE I I 'j]~ I I 'ir~~~'ir !Nl@, lJ~@'j]~=~ I lJ~ I ~,~, 3l@~/~@=~~ I I [L@'ir !Q) f\ I, ~ ------ - "~ I \ <L 11 C1 ,,'l..~' ....J ;$'5' I """ S" \>-\) L ',- (f) tJ ?- \ -----~-~ ~ I, C2 6 (f) 0 , ~ I 26 . OJ () ~ :::> I () 'm LINE TABLE 'j]@ L1NE~_ BEARING LENGTH L1 S 0'13' 43"W 3.89' L2 S O'13'43"W 30.15' ~ CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT C1 26'54'55" 65.00' 30.53' 15.55' C21i4'42'OO" 65.00' 164.16' 204.29' j _ LEGEND_ JS[ ~ F: __'" 40 20 0 /7 ~. In:-- I ~ r<-fi'fJd J GRAPHIC SCALE GARY W. DO CH L.S. 4693 DATE SCALE 1"; 40' (EXPIRES 9/30/2007) 1:\52554\EXHI8ffS\evwd-esmtOt,Qwg 12/15/05 ~ DEVELOPMENT AGREEMENT THIS AGREEMENT is made this day of , - 200 , by and between EAST VALLEY WATER DISTRICT, a public agency -- (hereinafter "the DISTRICT") , and Toll Land XXIII, L.P. (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 consisting of Assessor's Parcel Numbers 1210-381-01, 297-011-09, 297-011-14, and 297-001-19 in the City of Highland, County of San Bernardino, State "-' of California, and is generally identified. as Tract 16914 (hereinafter "the PROPERTY"). A copy of the Tentative Tract Map for the PROPERTY is attached hereto as Exhibit "All and is incorporated herein by this reference. C. The development of the PROPERTY will consist of sixty (60) dwelling units, and the DEVELOPER desires that the DISTRICT provide domestic water and sewer service to the PROPERTY. The DEVELOPER intends to design and construct the facilities necessary for water and sewer service to be furnished to the PROPERTY. D. The DISTRICT supplies domestic water and sewer service within the area to be served and is the public agency empowered by '-" law to provide such services to the PROPERTY. 1 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 PROJECTH) . COVENANTS NOW THEREFORE, in consideration of the preceding Recitals and the mutual Covenants contained herein, the parties hereto agree as follows: Section 1. DESIGN OF FACILITIES. The DEVELOPER agrees to design the water and sewer facilities for the PROPERTY in the following manner and according to the Rules and Regulations of the DISTRICT: a. The DISTRICT agrees to provide to the DEVELOPER '-'" tentative water and sewer plans which conform to the requirements of the DISTRICT. b. The DEVELOPER agrees to design the water and sewer facilities for the PROPERTY in accordance with the DISTRICT's Standards for Design and Processing of Water and Sewer Plans and the tentative plans provided by the DISTRICT. The designs shall be submitted to the DISTRICT in a complete form which shall provide sufficient information for review and approval by the DISTRICT in the exercise of its sole discretion. c. The DISTRICT may request certain changes in the plans to provide for oversizing of facilities, which DEVELOPER agrees to incorporate into the plans and specifications for the "-' PROPERTY. 2 d. The DEVELOPER shall furnish the DISTRICT with ~ any and all easements necessary for the construction, operation, maint:enance, 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 a.ll changes thereto requested by the DISTRICT in a ." manner satisfactory to the DISTRICT, the DISTRICT will provide the DEVE:l..OPER 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 a.pproval: a. The DEVELOPER shall obtain all necessary permits '-.w from the City of Highland and all other public or private agencies required for the construction thereof. The PROJECT and the H:\Community So CatIHighlandlEV - TOLL.DEV -K -] 2-28-05-CLEAN.doc 3 l'acilities appurtenant thereto shall be constructed at a location "-' determined by the DISTRICT, and shall be relocated by the DISTRICT at the DEVELOPER's sole expense if such relocation is deemed necessary by the DISTRICT in its sole discretion. The DEVELOPER hereby grants the DISTRICT full access to the PROPERTY and all other locations where the work contemplated herein is to be performed. b. All facilities constructed pursuant to this AGREEMENT shall be in accordance with accepted standards and practices in the industry and in compliance with all local, state, and federal laws, rules, and regulations. The DEVELOPER shall be responsible for providing all labor, materials, and equipment necessary to perform the work for the PROJECT, and such work shall \",wI be performed in a timely and workma.nlike 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 borne solely by the DEVE:LOPER. 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 hereunder, is understood to be conceptual approval only and will not operate to relieve the '-' DEVELOPER or its contractors, consultants, or subcontractors of H:\Community So Ca~HighJand\EV-TOLL.DEV-K-12-28-05-CLEAN.doc 4 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 acknowledges that the DISTRICT is not responsible for design, construction, or approval of fire flow requirements for the PROPERTY. The DEVELOPER shall cause the facilities constructed under this AGREEMENT to be insp~cted as required by any and all ~ other public or private agencies. Section 3 . DEVELOPER'S COSTS. In addition to all other obligations imposed upon the DEVELOPER under this AGREEMENT, the DEVELOPER shall be responsible for the payment of all of the following: a. The DEVELOPER shall pay to the DISTRICT all, or any portion, of the connection fees for the PROPERTY at the time of application for water and sewer service therefor. The DISTRICT will provide water and sewer service only to those specific subdivision lots within the PROPERTY for which payment in full has been made to the DISTRICT. b. The DEVELOPER shall be solely responsible for '-' the payment of all costs, fees, and expenses associated with the H:\Community So CallHighlandlEV - TOLL.DEV-K-IZ-Z8-0S-CLEAN.doc 5 cons1:ruction, inspection, operation, maintenance, repair, and '-" relocation of the PROJECT, including all costs, fees, and expenses incurred for the environmental analysis, engineering, and design of t:he PROJECT. c. The DEVELOPER shall comply with all rules, regulations, resolutions, and ordinances of the DISTRICT that are currently in place or may 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 a.re available to the DISTRICT under the law upon the PROPERTY and/or the p~rson and/or property of DEVELOPER and its shareholders "-' .and partners. Section 4. SECURITY. a. The DEVELOPER shall provide performance, completion, and/or payment bonds for the PROJECT in the minimum amount of not less than 100 percent of the estimated construction costs containing covenants which are acceptable to the DISTRICT and the City of Highland. b. The DEVELOPER shall provide a maintenance bond for the PROJECT in the amount of 100 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. H:\Cornmunity So CallHighlandlEV. TOLL.DEV-K-12-28-05-CLEAN.doc 6 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 sole discretion to protect the DISTRICT from any and all exposure to loss and/or liability. Section 5. COSTS FOR OVERSIZING. Pursuant to Section 1.c. of t:hi s AGREEMENT, the DISTRICT agrees to pay to the DEVELOPER the incremental cost of oversizing any PROJECT facilities greater than t:welve 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 reasonable discretion prior to its acceptance of the PROJECT :Eacili ties. section 6. DEDICATION OF FACILITIES. a. The DEVELOPER shall, upon completion of the construction of all facilities to be installed hereunder to the satisfaction of the DISTRICT, dedicate said facilities to the DISTRICT by a deed of dedication or such other 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 H:\Community So CahHighland\EV-TOLL.DEV-K-12-28-05-CLEAN.doc 7 water or sewer facilities until all connection fees have been paid \...,/ unless otherwise allowed under Section 3.a. herein. b. The DEVELOPER hereby grants the DISTRICT full access to the PROPERTY for the purpose of installing, operating, inspecting, maintaining, and repairing all meters, valves, and other appurtenances necessary for the DISTRICT to record, regulate, and control the amount of water pumped therefrom. section 7. SERVICE RESTRICTIONS. Any obligation on the part of the DISTRICT to supply water to the PROPERTY pursuant to the terms of this AGREEMENT shall be excused in the event that the performance thereof is interrupted for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrection, explo.sion, court order, natural disasters such as floods, "-" eartb,quakes, landslides, and fires, and other labor disturbances and other catastrophic events which are beyond the reasonable control of the DISTRICT. Notwithstanding any other provision to the contrary, the DISTRICT may suspend or refuse water service to the PROPERTY if the DEVELOPER is in breach, default, or violation of this AGREEMENT or any 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. Section 8. NO REPRESENTATIONS, WARRANTIES, OR CLAIM OF WATER RIGHTS. The DISTRICT makes no express or implied representations -- or warranties concerning the quality, pressure, or temperature of '-" any water delivered pursuant to the terms of this AGREEMENT, or the H:\Community So CamighlandIEV-TOLL.DEV-K-12-28-05-CLEAN.doc 8 manner in which the water is provided, or its fitness for any '..-' particular purpose, and the DISTRICT shall not be held liable for any losses incurred or damages sustained as a direct or indirect result thereof, nor shall the DISTRICT be held liable for any losses incurred or damages sustained after the water furnished hereunder is transferred to the PROJECT facilities. Any water conveyed by the DISTRICT under this AGREEMENT shall not serve as the basis of, or otherwise support, any water rights claim that may be asserted by the DEVELOPER. Section 9. LIABILITY FOR DAMAGES. The DISTRICT shall not be held liable or responsible for any debts or damage 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, trespa.ssers, agents, contractors, consultants, and empioyees, 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. Nothing herein shall be treated as a contractual limitation on the legal ability of DEVELOPER to obtain declaratory or equitable relief against the DISTRICT for specific performance of this AGREEMENT or for writ of mandamus. Section 10. RELEASE. The DEVELOPER hereby expressly waives and releases the DISTRICT and its agents, officers, directors, and employees from any and all liability for the claims, actions, and/or losses set forth in Section 9 above and for any costs and "-' expenses incurred in connection therewith. Notwithstanding the H:\Community So CallHighland\EV - TOLL.DEV -K-12-28-05-CLEAN.doc 9 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." the DEVELOPER expressly waives and relinquishes all rights and bene:Eits 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 set forth in Section 9 above and the actions and/or losses referenced above. This AGREEMENT shall act as a '-" :~elease 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 of such specific waiver of Civil Code ') 1542 and hereby assumes full responsibility :Eor any injuries, damages, losses, or liability that may result from the claims identified in Section 9 above. This AGREEMENT shall also act as a release of any claims, actions, and/or losses set forth in section 9 above, that may arise in the future whether such claims are currently foreseen or unforeseen. Section 11. HOLD HARMLESS. Excepting the sole or active negligence or willful misconduct of the DISTRICT, the DEVELOPER "-' shall indemnify and hold the DISTRICT and its officers, directors, agents, and employees harmless from and against all claims and H:\Cornmunity So CaJ\HighlandlEV - TOLL.DEV -K-12-28-05-CLEAN .doc 10 liabilities of any kind arising out of, in connection with, or ~ resulting from, any and all acts or omissions on the part of the DEVELOPER and/or its officers, directors, shareholders, partners, assignees, guests, invitees, trespassers, agents, contractors, consultants, and employees in connection with the PROPERTY, the PROJECT, and the performance of their obligations under this AGREEMENT, including design defects, even if occurring after the completion of the PROJECT, and defend the DISTRICT and its officers, directors, agents, and employees from any suits or actions at law or in equity for damages, and pay all court costs and counsel fees in connection therewith. In addition, the DEVELOPER agrees to defend, indemnify, and hold the DISTRICT . harmless from and against all claims, losses, liabilities, damages, "-' demands, actions '. . judgments, causes of action, assessments, penalties, costs, expenses (including, without limitation, the reasonable fees and disbursements of legal counsel, expert witnesses, and 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 ~ H:\Community So Ca~Highland\EV- TOLL.DEV-K-12-28-05-CLEAN.doc 11 Regulations Section 15000 et seq., all as the same may be amended \,../ from time to time. Section 12. NOTICES. Any notice, tender, or delivery to be given hereunder by either party to the other shall be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed communicated as of mailing or in the case of personal delivery, as of actual receipt. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this section. If to the DISTRICT: East Valley Water District P.O. Box 3427 3654 E. Highland Avenue, Suite #18 San Bernardino, CA 92346 '''-'' Attn: General Manager If to the DEVELOPER: Toll Land XXIII, L.P. 725 Town & Country Road Suite 500 Orange, CA 92868 Attn: Land Development Manager Section 13. DISPUTES. Any dispute or controversy arising out of, under, or in connection with, or in relation to this AGREEMENT, and any amendments thereto, or the breach thereof, which is not resolved informally by prior mutual agreement of the parties hereto, shall be submitted to arbitration in accordance with the California Arbitration Act, Sections 1280 through 1294.2 of the Code of civil Procedure. The cost of such arbitration shall be ~ H:\Community So Ca~Highland\EV - TOLL.DEV -K-12-28-05-CLEAN.doc 12 paid by the parties o=qually; however, the prevailing party in the "-' arbil:ration shall be entitled to reimbursement of its attorneys l:ees and other costs incurred in connection therewith. Section 14. ATTORNEYS FEES. If a dispute arises which cannot be resolved by arbitration, regarding the breach or enforcement of t:he provisions of this AGREEMENT, the prevailing party therein shall be entitled to recover all attorneys fees and other costs -actually incurred in connection with reaching a resolution of the dispute whether or not an action, claim, or lawsuit is filed. In any action brought, the entitlement to recover attorneys fees and costs will be considered an element of costs and not of damages. Section 15. INUREMENT. This AGREEMENT and all provisions hereof shall be jointly an~ 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. Section 16. ASSIGNMENT. This AGREEMENT may not be assigned to any individual or entity without the written consent of the parties hereto. Section 17. INTEGRATION AND AMENDMENT. This AGREEMENT constitutes the 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. H:\Community So Ca~Highland\EV - TOLL.DEV-K-12-28-05-CLEAN.doc 13 ~ ...~~""" .-- Section 18. CAPTIONS. The captions of sections and subsections ~ of this AGREEMENT are for reference only and are not to be construed in any way as a part of this AGREEMENT. Section 19. INTERPRETATION AND ENFORCEMENT. This AGREEMENT shall not be construed against the party preparing it, but shall be consl:rued as if both parties jointly prepared this AGREEMENT and any uncertainty or ambiguity contained herein shall not be interpreted against any one party. Failure by either party to enforce any provision of this AGREEMENT, or any waiver thereof by such party, shall not constitute a waiver of said party's right to enforce subsequent violations of the same or any other terms or conditions herein. This AGREEMENT shall be enforced and governed by and. under the laws of the State of California, and venue for any .~ to interpret and/or enforce any provision of this action brought 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 20. SEVERABILITY. If any portion of this AGREEMENT is declared by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of this AGREEMENT shall continue in full force and effect. Section 21. TIME OF THE ESSENCE. Time is of the essence in this AGREEMENT, and the parties hereto agree to proceed in good faith, with due diligence, to complete all covenants and conditions set forth herein and to perform such further acts as is reasonably '-" necessary to effectuate the purpose of this AGREEMENT. H;\Community So Ca~Highland\EV-TOLL.DEV-K-12-28-05-CLEAN.doc 14 Section 22. AUTHORITY. Each individual executing this "-" AGREEMENT on behalf of a party hereto represents and warrants that he or she is fully and duly authorized and empowered to so execute on behalf of such party, and that this AGREEMENT is binding in the manner set forth in Section 15 hereof. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers as of the date first above written. DISTRICT mast Valley Water District By: President, Board of Directors ATTEST: 'l-' By: Secretary DEVELOPER ::']J<~ Its : I tt.- PO"> 1'."e...t- ATTE/ By: /--Notary Public ~ H:ICornmunity So CahHighlandlEV- TOLL.DEV-K-12-28-05-CLEAN.doc 15 NOTARIAL ACKNOWLEDGMENT '-" STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On January 5, 2006, before me, Phyllis A. MacKnight, a Notary Public in and for said County and State, personally appeared Robert D. Frakes, II, personally known to me or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their capacity and that by their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. L((~{l'-vU~k~ L(r u .~ (SEAL) ~ . .iu" ,. "",,,",1: - Comm.#1412947 (J) Ul"" NO;!RV PU811C.CAlIFOINIA ~ ~ OrangeCounly "'" 1.. _ ~~~.x~\r~s ~pr1122,20~1.t '-" \-" EXHIBIT "A" [Tentative Tract Map for the PROPERTY] ~ \~ H:\Community So Ca~Highland\EV- TOLL.DEV-K-12-28-05-CLEAN.doc 16 -- ~ ' f \ 1 1 \ I ' ~ \'\\\\;\\ III ~ \ I ,'\ I~I \' \ 1 \ ,I' I \ '~ '\., \~\ \\1 \ \ \ \ II \ \ \ I \ . \1\.\\\ lllll\l\\~,\'\\ tll\\~ \I\\\i\ \ \ ,\1111\\ \\~~\\ ~\\~\\i~v\\~\\~\ \~~~\l \\\\\I\i\\\\\iI \\ . <I' .1' II 1,1 '~A\ III \\\\YI\\I' . ~\\\' \\\ I' \\ \ \ \ \~\\~\~\I\ \\\\ihi~ \".,W,\ 11\ 1 '\" itd';' e&&0& \ \ I ".., t .' . . . '" ~\ " . j ~\ ~\. --- , " ..-" ), \ ~ \" : \\\\ '" , <0 .> ui .1 . , .... ,; - ' . ~\ o. ,~ o "~ Zt '". ~\ 'i ~\\\ \ ~ \i t;" ..~1.. I . -::. ~':::'O. l' "",1 \ ' .~ \i\ "'" :' !;" .~\ ~'h- !;" " t ^ , '\OllJ'+~ll~~'iI'l'1S ~.uII"lC:;) <> ", .,.""....,~"",..........."...'''''~''-.,-''. .--------....- '-'__---------.-~ TC.-Y-.'iI \?> II --..--- --- -,.~..__._-~-' .-.-~ f'tW D East Valley "-' Water District Board Memorandum DATE: JANUARY 10, 2006 From: Brian W. Tompkins I Chief Financi~r Subject: Disbursements. Recommendation: Approve the attached list of accounts payable checks and payroll issued during the period December 7, 2005 through January 4, 2006. -- BackgrtJund: Accounts payable checks are shown on the attached listing and include numbers.204348 to 204694 for '-" A total of $1,356,051.66. Thl~ source of funds for' this. amount is as follows: Arroyo Verde Funds Construction Fund -Loan $90,514.50 Unrestric:ted Funds $1,265,537.16 Payroll disbursed was for the period ended December 9, 2005 and included checks and direct deposits, totaling $117,119.89 and for the period ended December 23,2005 and included checks and direct deposits totaling $125,475.62. Grand Total $242,595.51. Directors payroll disbursed was for the period ended November 30,2005 and included checks and deposits totaling $5082.81. Total disbursements $1,603,729.98. '-' W! Jay, January 04, 2006 East valle( , Dale: later District Page: ~ f 31 Time: 02: r'M Report: 03 "".rpl User: KATHY Check, ReQister - Standard Company; EVWD Periods: 06-05 Through, 07-05 As of: 1/4/2006 Check Check Check Vendor 10 Period Ref Doc invoice invoice Discount Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid Acct/Sub: 131;0 000000000000000 204348 CK 1217/2005 ~~8001 06-05 06-05 046220 VO 339341-1916 9fll2005 0.00 1,312.28 204349 CK 12/8/2005 ~8~R02 06-05 06-05 046306 VO 2006 AGENCY DUE 11/15/2005 0.00 14.180.00 204350 CK 12/13/2005 ~~~~P~-ROBERT E 06-05 06-05 046342 VO MAR121305 12/13/2005 0.00 600.00 204351 CK 12/14/2005 ~8~R02 06-05 06-05 046384 VO 101991 12/8/2005 0.00 39.00 204352 CK 12/14/2005 ~BBP8rION MEDICINE CONSULTANTS 06-05 046310 VO 12MOS6 12/13/2005 0.00 1,330.00 204353 CK 12/14/2005 ~1~~'Jiis WEST 06-05 06-05 046252 VO 103814047 11/30/2005 0.00 132.47 204353 CK 12/14/2005 ~1~~'Jiis WEST 06-05 06-05 046366 VO 103819069 12/2/2005 0.00 20.81 Check Total 153.28 204354 CK 12/14/2005 ~~~~?~AN PRIDE PRINTING 06-05 046294 VO 12392 11/15/2005 0.00 943.76 204355 CK 12/14/2005 ~~~~l~RIDE UNIFORM SERVICES 06-05 06-05 046332 VO L858062 11/1/2005 0.00 27.34 204355 CK 12/14/2005 ~~~l~RIDE UNIFORM SERVICES 06-05 06-05 046333 VO L858073 11/1/2005 0.00 412.13 204355 CK 12/14/2005 ~~~~WRIDE UNIFORM SERVICES 06-05 06-05 046334 VO L863148 11/8/2005 0.00 27.34 204355 CK 12/14/2005 ~~~~l~RIDE UNIFORM SERVICES 06-05 06-05 046335 VO L663158 11/8/2005 0.00 336.85 204355 CK 12/14/2005 ~~~~l~R1DE UNIFORM SERVICES 06-05 06-05 046336 VO L868275 11/15/2005 0.00 27.34 204355 CK 12/14/2005 ~~~~l~RIDE UNIFORM SERVICES 06-05 06-05 046337 VO L866286 11/15/2005 0.00 334.72 204355 CK 12/14/2005 ~~~~l~RIDE UNIFORM SERVICES 06-05 06-05 046338 VO L873403 1112212005 0.00 27.34 204355 CK 12/14/2005 ~~~~l~R1DE UNIFORM SERVICES 06-05 06-05 0463'39 VO L873413 11/22/2005 0.00 330.48 204355 CK 12/14/2005 ~~~~l~RIDE UNIFORM SERVICES 06-05 06-05 046340 VO L878520 11/29/2005 0.00 27.34 204355 CK 12/14/2005 ~~~~l~RIDE UNIFORM SERVICES 06-05 06-05 046341 VO L878531 11/29/2005 0.00 435.27 Check Tolal 1,966.15 204356 ZC 12/14/2005 A~~m3 06-05 06-05 046126 VO 2006 AGENCY DUE 11/15/2005 0.00 14,180.00 A ATES FINANCIAL 204356 ZC 12/14/2005 A~~~Oc3 06-05 06-05 046305 AD 2006 AGENCY DUE 11/15/2005 0.00 -14,180.00 A ATES FINANCIAL Chock T alai 0.00 Date: wJ lay, January 04, 2006 East valle( / 02:'-- ater District Page: l 31 Time: Report: 03 .~t User: KATHY Check Reqister - Standard Company: EVWD Periods: 06.()5 Throu9h 07.()5 As of: 1/4/2006 Check Check Check Vendor iD Period Ref Doc Invoice Invoice Discount Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 2t"lA'2l::7 CK 12/1.dJ2nn,:;; AUBPW 06-05 06-05 046223 VO 2005-154PT 12/8/2005 0.00 25.00 V~"""" . ... ...... AU I OR CONTROLLERS OFFICE 204358 CK 12/14/2005 A~AO~ 08-05 06-05 046222 VO 2722581658 12/1/2005 0.00 597.55 A AY 204359 CK 12/14/2005 ~~W\!&N-JOHN W 06-05 06-05 046358 VO 41608 12/1/2005 0.00 1,810.87 204360 CK 12/14/2005 ~~l:e~~THLEEN A 06-05 045837 VO 1642771-02 11/1712005 0.00 44.04 204361 CK 12/14/2005 ~ll:eOtWAGS INC. 06.()5 06-05 046295 VO 52476 11/25/2005 0.00 261.25 204362 CK 12/14/2005 ~~lg%L BABCOCK INC 06-05 06-05 046253 VO 165978 RI 9/12/2005 0.00 236.80 204363 CK 12/14/2005 8~I:P1dRNIA BARRICADE, INC 06-05 06-05 046359 VO 24125 11/21/2005 0.00 6,062.45 204364 CK 12/14/2005 8~~~0~RESSER & MCKEE INC. 06-05 06-05 046315 VO 80216378/4 11/23/2005 0.00 4,129.36 204364 CK 12/14/2005 8~~~0~RESSER & MCKEE INC. 06-05 06-05 046316 VO 80216706/2 11/26/2005 0.00 16,663.42 Check Total 20,792.78 204365 CK 12/14/2005 8~~~EJ..1,,-IRENE A 06-05 045838 VO 0520073-05 11/17/2005 0.00 26.14 204366 CK 12/14/2005 8~~R~oVA-DAVID 06-05 045839 VO 1320041-01 11/17/2005 0.00 60.45 204367 CK 12/14/2005 81:1~~tJRD L UTLEY 06-05 046380 VO 0094498 11/17/2005 0.00 90.00 204367 CK 12/14/2005 81:1~~1RD L UTLEY 06-05 046381 VO 0094497 11/23/2005 0.00 210.00 204367 CK 12/14/2005 81:1~~1RD L UTLEY 06-05 046382 VO 0094496 11/18/2005 0.00 50.00 204367 CK 12/14/2005 81:1~~1RD L UTLEY 06-05 046383 VO 0096544 11/23/2005 0.00 516.00 Check Total 866.00 204368 CK 12/14/2005 88~glbELIDATED REPROGRAPHICS 06-05 06-05 046317 VO 067264 11/29/2005 0.00 50.00 204369 CK 12/14/2005 8~BR01 06-05 06-05 046357 VO 16631 12/13/2005 0.00 2,774.00 204370 CK 12/14/2005 BAI001 06-05 06-05 046385 VO 6891677 12/8/2005 0.00 659.10 A L Y JOURNAL CORPORATION " " Date: w( Jay, January 04, 2006 East Vallet later District Page: t f 31 Time: 02: .~ Report: o Jpt User: KATHY Check Reaister . Standard Company: EVWD Periods: 06-oS Through 07 -OS As of: 1/4/2006 Check Check Check Vendor iD PerIod Ref Doc hwoice !nvolce Discount Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paltl 204370 CK 'i2/""'2"nt::. nAIl"In1 06..QS 06-0S 046386 va B89S2028 12/6/200S 0.00 69.16 ' '" vw !:5:<ilt'Y'JOURNAL CORPORATION 204370 CK 12/14/200S B~le~1JOURNAL CORPORATION 06-0S 06-0S 046387 va B892047 12/6/200S 0.00 184.87 Check Total 913.13 204371 CK 12/14/200S B~~~b~D-JOEL E 06-0S 06-05 046189 va 0740023-00.1 11/18/200S 0.00 64.36 204372 CK 12/14/200S ~~IIJ~BCOCK & SONS. INC 06-0S 06-0S 046224 va AKS1511-0791 11/1S/2005 0.00 3,150.00 204372 CK 12/14/200S ~~BIIJ~BCOCK & SONS, INC 06-05 06-05 046225 va AKS2449-0791 11/28/2005 0.00 270.00 204372 CK 12/14/200S ~~BIIJ~BCOCK & SONS, INC 06-05 06-05 046226 va AKS2440-0791 11/28/2005 0.00 135.00 204372 CK 12/14/200S ~~~IIJ~BCOCK & SONS. INC 06-0S 06-0S 046227 va AK5238S-0791 11/28/200S 0.00 270.00 204372 CK 12/141200S ~~'!3~BCOCK & SONS. INC 06-05 06-0S 046228 va AKS2388-0791 11/28/200S 0.00 60.00 204372 CK 12/14/200S ~~~'lP~BCOCK & SONS, INC 06-0S 06-0S 046229 va AKS23S6-0791 11/28/200S 0.00 120.00 204372 CK 12/14/200S ~~~'!3~BCOCK & SONS. INC 06-0S 06-0S 046230 va AKS1831-0791 11/18/200S 0.00 120.00 204372 CK 12/14/200S ~1;~IIJ~BCOCK & SONS. INC 06-0S 06-0S 046231 va AKS1867 -0791 11/18/200S 0.00 180.00 204372 CK 12/14/200S ~~~'lP~BCOCK & SONS, INC 06-0S 06-0S 046232 va AKS2017-0791 11/21/200S 0.00 240.00 204372 CK 12/14/2005 ~~~'lP~BCOCK & SONS, INC 06-05 06-05 046233 va AK51939-0791 11/21/2005 0.00 160.00 204372 CK 12/14/2005 ~~~~~BCOCK & SONS, INC 06-0S 06-0S 046234 va AKS1723-0791 11/17/200S 0.00 270.00 204372 CI< 12/14/200S ~~~'lP~BCOCI< & SONS, INC 06-0S 06-0S 04623S va AKS1724-0791 11/171200S 0.00 30.00 204372 CK 12/14/200S ~~~~~BCOCI< & SONS, INC 06-05 06-05 046236 va AK51703-0791 11117/2005 0.00 20.00 204372 CK 12/14/2005 ~~~'!3~BCOCK & SONS, INC 06-05 06-05 046237 va AK5233D-0791 11/23/200S 0.00 40.00 204372 CK 12/14/2005 ~~B'lP~BCOCK & SONS, INC 06-05 06-0S 046238 Va AK52118-0791 11/2212005 0.00 13S.00 204372 CI< 12/14/2005 ~~'lP~BCOCK & SONS.INC 06-0S 06-05 046239 va AKS2119-0791 11/22/200S 0.00 180.00 204372 CK 12/14/2005 ~~~~BCOCK & SONS.INC 06-0S 06-05 046240 va AK52084-0791 11/22/200S 0.00 270.00 204372 CK 12/14/2005 ~~~~~BCOCK & SONS, INC 06-05 06-05 046241 va AKS2114-0791 11/22/200S 0.00 120.00 204372 CK 12/14/200S ~~BIIJ~BCOCK & SONS. INC 06-05 06-05 046242 VO AK52288-0791 11/23/200S 0.00 30.00 204372 CK 12/14/2005 ~~IIJ~BCOCK & SONS. INC 06-05 06-05 046243 VO AKS2276-0791 11/23/200S 0.00 20.00 204372 CK 12/14/200S ~~~'lP~BCOCI< & SONS, INC 06-05 06-05 046244 va AK52271-0791 11/23/2005 0.00 15.00 204372 CK 12/14/2005 ~~B'!3~BCOCK & SONS, INC 06-05 06-0S 046245 va AI<S1626..Q791 11/16/200S 0.00 135.00 204372 CK 12/14/2005 PS'If" 06-05 06-0S 046246 va AK51603-0791 11/16/200S 0.00 240.00 .S. ABCOCK & SONS, INC Date: i ,day. January 04, 2006 East V~II( )/ater District Page: ~ of 31 Time: M Report: 03. ~O.rpt User; KATHY Check ReQister - Standard Company: EVWD Periods: 06-05 Through 07-05 As of: 1/4/2006 Check Check Check Vendor iD Period Ref Doc invoice invoice Discount Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204372 CK ~2/~AI2n(H:: C:C::-Snn1 06--05 06-05 046247 VO AK5151 0-0791 11/15/2005 nnn 120.00 , ,~. vw I::-S. 'BvABCOCK & SONS. INC v.vv 204372 CK 12/14/2005 ~~~I)(BCOCK & SONS. INC 06-05 06-05 046248 VO AK51418-0791 11/15/2005 0.00 180.00 204372 CK 12/14/2005 ~~~~I)(BCOCK & SONS, INC 06-05 06-05 046249 VO AK514020-0791 11/15/2005 0.00 40.00 204372 CK 12/14/2005 ~~B~O~BCOCK & SONS. INC 06-05 06-05 046250 VO AK52138-0791 11/22/2005 0.00 510.00 204372 CK 12/14/2005 ~~~~I)(BCOCK & SONS, INC 06-05 06-05 046318 VO AK52746-0791 11/30/2005 0.00 270.00 204372 CK 12/14/2005 ~SB~01 06-05 06-05 046319 VO AK52817-0791 11/30/2005 0.00 320.00 .S. ABCOCK & SONS, INC 204372 CK 12/14/2005 ~~~~I)(BCOCK & SONS. INC 06-05 06-05 046320 VO AK52814-0791 11/30/2005 0.00 300.00 204372 CI< 12/14/2005 ~~ljp~BCOCK & SONS, INC 06-05 06-05 046321 VO AK52671-0791 11/30/2005 0.00 270.00 204372 CI< 12/14/2005 ~~ljp~BCOCK & SONS. INC 06-05 06-05 046322 VO AK52672-0791 11/30/2005 0.00 240.00 204372 CK 12/14/2005 ~~B~I)(BCOCK & SONS, INC 06-05 06-05 046323 VO AK52761-0791 11/30/2005 0.00 800.00 204372 CK 12/14/2005 ~S&~I)(BCOCK & SONS, INC 06-05 06-05 046390 VO AL50523-0791 1217/2005 0.00 280.00 204372 CI< 12/14/2005 ~~Bljp~BCOCK & SONS, INC 06-05 06-05 046391 VO AL50512-0791 1217/2005 0.00 135.00 204372 CK 12/14/2005 ~~~ljp~BCOCK & SONS. INC 06-05 06-05 046392 VO AL50442-0791 12/6/2005 0.00 20.00 204372 CK 12/14/2005 ~~~~I)(BCOCK & SONS, INC 06-05 06-05 046393 VO AL50443-0791 12/6/2005 0.00 135.00 204372 CK 12/14/2005 BB~I)(BCOCK & SONS, INC 06-05 06-05 046394 VO AL50373.0791 12/6/2005 0.00 120.00 204372 CI< 12/14/2005 ~~~ljp~BCOCK & SONS, INC 06-05 06-05 046395 VO AL50384-1791 12/6/2005 0.00 270.00 204372 CK 12/14/2005 ~~B~O~BCOCK & SONS, INC 06-05 06-05 046396 VO AL50426-0791 12/6/2005 0.00 20.00 204372 CK 12/14i2005 ~~~~I)(BCOCK & SONS, INC 06-05 06-05 046397 VO AL50433-0791 12i612005 0.00 120.00 204372 CK 12/14/2005 ~~ljp~BCOCK & SONS. INC 06-05 06.05 046398 VO AL50434-0791 12/6/2005 0.00 15.00 204372 CK 12/14/2005 ~~~~O~BCOCK & SONS.INC 06-05 06-05 046399 VO AL50291-0791 12/5/2005 0.00 240.00 204372 CK 12/14/2005 ~:'il:ljp~BCOCK & SONS, INC 06-05 06-05 04tj400 VO AL50218-0791 12/5/2005 0.00 240.00 204372 CK 12/14/2005 ~~B~O~BCOCK & SONS. INC 06-05 06-05 046401 VO AL50219-0791 12/5/2005 0.00 30.00 204372 CK 12/14/2005 ~~~~I)(BCOCK & SONS, INC 06-05 06-05 046402 VO AL50227 -0791 12/5/2005 0.00 30.00 204372 CK 12/14/2005 ~~B~I)(BCOCK & SONS. INC 06.05 06-05 046403 VO AL50102-0791 12/2/2005 0.00 510.00 204372 CK 12/14/2005 ~~B~I)(BCOCK & SONS. INC 06-05 06.05 046404 VO AL50061-0791 12/1/2005 0.00 270.00 204372 CK 12/14/2005 ~SB~01 06-05 06-05 046405 VO AL50062-0791 12/1/2005 0.00 30.00 .S. ABCOCK & SONS. INC 204372 CK 12114/2005 ~~B~I)(BCOCK & SONS, INC 06-05 06-05 046406 VO AL50023-0791 12/112005 0.00 40.00 Date: i ,day, January 04, 2006 East vall( Jater District Page: ( ,f 31 Time: O. . M Report: o 1..o....I..I.rpt User: KA TI~Y Check ReQister - Standard Company: EVWD Periods: 06.05 Through 07.()5 As of: 1/4/2006 Chsck Check Check Vendor iD Peilod Ref Doc !n'!o!ce hwo!ce DIscount Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204372 CK 12!14'2nnl';. 1=I;:::~nn1 06-05 06-05 046407 VO AL50022.0791 12/1/2005 0.00 30.00 , "--- i"~S~'1lABCOCK & SONS. INC 204372 CK 12/14/2005 ~~~O~BCOCK & SONS. INC 06-05 06-05 046408 va AL50149-0791 12/2/2005 0.00 90.00 204372 CK 12/14/2005 ~:1~~~BCOCK & SONS. INC 06-05 06-05 046409 VO AL50150-0791 12/2/2005 0.00 120.00 Check Total 12,005.00 204373 CK 1211412005 ~~I~'QlEW FORD SALES,INC 06-05 06-05 046257 va 507535 12/5/2005 0.00 68.59 204373 CK 12/1412005 ~~I~'QlEW FORD SALES,INC 06-05 06-05 046267 VO 507642 12/6/2005 0.00 151.54 Check Total 220.13 204374 CK 12/14/2005 mU~% 06-05 06-05 046258 VO 235938 12/2/2005 0.00 510.37 U STREET ROCK CRUSHER 204375 CK 12/1412005 ~~m~OS-MARCO A 06-05 045640 VO 1420122-03 11/17/2005 0.00 46.62 204376 CK 12/1412005 ~~~B?~E PARTS COMPANY 06-05 06-05 046259 VO 902757 12/512005 0.26 12.66 204376 CK 12/14/2005 ~~~B?~E PARTS COMPANY 06-05 06-05 046367 VO 903248 12/8/2005 0.71 34.73 204376 CK 12/14/2005 ~~~B?~E PARTS COMPANY 06-05 06-05 046368 VO 902812 12/5/2005 1.03 50.50 Check Total 97.89 204377 , CK 12/14/2005 ~8tB~ WEST TIRE 06-05 06-05 046296 VO 4991 11/29/2005 0.00 1,059.65 204377 CK 12/14/2005 a8tB~ WESTTIRE 06-05 06-05 046297 AD 4991 11/29/2005 0.00 -0.01 204377 CK 12/14/2005 a8tB~ WESTTIRE 06-05 06-05 046369 VO 5038 12/5/2005 0.00 323.17 204377 CI( 12/1412005 a8tB~ WEST TIRE 06-05 06-05 046370 VO 5034 1217/2005 0.00 30.00 204377 CK 12/14/2005 a8tB~ WESTTIRE 06-05 06-05 046371 VO 5015 12/5/2005 0.00 969.51 204377 CK 12/14/2005 a8tB~ WEST TIRE 06-05 06-05 046372 VO 5043 12/4/2005 0.00 329.74 Check Total 2,712.06 204378 CK 12/14/2005 ~~~~~N-JOHN C 06-05 045841 VO 0080712-01 11/17/2005 0.00 25.36 204379 CK 12/1412005 ~~~~~1BOY CAR WASH 06-05 06-05 046301 VO 1274 1111/2005 0.00 189.64 204380 CK 12/1412005 ~~~~~~ AND ASSOCIATES.INC 06-05 06-05 046360 VO ENG-3305 11/2312005 0.00 1,450.00 204381 CI< 12/1412005 ~~~B1ftCKSEN-LOIS 06-05 06-05 046410 VO HEN121405 12/14/2005 0.00 243.67 Date: 1:~. .~ay, January 04, 2006 East vall( .1Iater District ( of 31 Time: Page: User: KATHY Check Reqister - Standard Report: 03b.>0.rpt Company: EVWD Periods: 06-05 Through 07-05 As of: 1/412006 Checit Check Check Vendor iD Period Ref Doc fn'Yolce lm;oice Discount Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204382 CK 12/14/2005 I-IIt:lnn~ 06-05 046192 VO 0510147.02.1 11/14/2005 0.00 22.26 HIM:;\, D-TAMMY 204383 CK 12/14/2005 ~1~mND EQUIPMENT RENTAL 06-05 06-05 046299 VO 101065 11/19/2005 0.00 179.00 204384 CK 12/14/2005 ~8~1l86NSTRUCTION SPECIALTIES 06-05 06-05 046373 VO Q10002400 12/5/2005 0.00 59.87 204385 CK 12/14/2005 ~8~~'I!s SUPPLY CA. LLC 06-05 06-05 046302 VO S120768429.002 12/5/2005 0.00 3.501.88 204386 CK 12/14/2005 1~~~~-ANGELlNA 06-05 045842 VO 0610120-01 11/1712005 0.00 134.19 204387 CK 12/14/2005 1~~?K.c. GOVERNMENT SERVICES 06-05 06-05 046389 VO 405501920354112 11/22/2005 0.00 20.696.64 204388 CK 12/14/2005 1~1:l\~ EMPIRE EAC 06-05 046251 VO ANNUAL MEMBER 12/5/2005 0.00 50.00 204389 CK 12/14/2005 1~1:l\~'b DESERT SECURITY & 06-05 06-05 048411 VO RM34510106 12/20/2005 0.00 430.18 204390 CK 12/14/2005 1~I:l\~ib WATER WORKS SUPPLY CO 06-05 06-05 046260 VO 161157 12/5/2005 10.45 512.14 204390 CK 12/14/2005 1~1:l\~ WATER WORKS SUPPLY CO 06-05 06-05 046261 VO 161158 12/5/2005 6.35 311.35 Check Total 823.49 204391 CK 12/14/2005 JA8~tJ D S R 06-05 045843 VO 0520256-02 11/17/2005 0.00 25.93 JA N- ENNI 204392 CK 12/14/2005 j8~~%"CLEANERS 06-05 06-05 046262 VO 157228 12/6/2005 0.00 3.96 204392 CK 12/14/2005 j8~~%"CLEANERS 06-05 06-05 046307 VO 157295 1217/2005 0.00 4.95 204392 CK 12/14/2005 j8~~%"CLEANERS 06-05 06-05 04.B374 VO 157391 12/812005 0.00 5.94 Check Total 14.85 204393 ' CI< 12/14/2005 j~~EEMAN CO., INC 06-05 06-05 046254 VO 313975-0 11/29/2005 0.00 1,103.39 204393 CK 12/14/2005 j~~EEMAN CO..INC 06-05 06-05 046263 VO 313975-1 12/2/2005 0.00 20.42 204393 CK 12/14/2005 j~l)P~EEMAN CO., INC 06-05 06-05 046375 VO 314937-0 12/12/2005 0.00 168.11 Check Total 1,291.92 204394 CK 12/14/2005 ~f~O~NDSCAPING 06-05 06-05 046324 VO 481 10/31/2005 0.00 8,225.00 Date: w( day. January 04,2006 East vall( Jater District Page: ('131 Time: 02. ,1'1 Report: o ".rpl User: KATHY Check Reclister - Standard Company: EVWD Periods: 06-05 Thraugl] 07..()5 As of: 1/4/2006 Check Check Check Vendor ID Period Ref Doc invoice Invoice .....---..-.. Amount ........U.....L Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 20439, CK 12/14/2005 ~~~~%UCTION-KURSHAW na."t:: 045865 va 0510243-01 11/18/2005 0.00 75.00 vv-v... 204396 CI( 12/14/2005 ~qIlCuMBING CO 06..()5 06-05 046308 VO 10169 11/1412005 0.00 31,682.00 204396 CI( 12/14/2005 ~qIlCuMBING CO 06-05 06-05 046376 VO 10183 12/1/2005 0.00 1,875.00 Check Total 33,557.00 204397 CK 12/14/2005 ~~BR%'bR PARTNERS LLC 06-05 045844 .VO 0510250-02 11/17/2005 0.00 24.33 204397 CK 12/14/2005 ~~BR%'bR PARTNERS LLC 06-05 045845 VO 051229-02 11/1712005 0.00 3.39 204397 CI( 12/14/2005 ~~BR%'bR PARTNERS LLC 06-05 045846 VO 0510251-02 11/17/2005 0.00 21.17 Check Total 48.89 204398 CI( 12/14/2005 t1~g~~N CORPORATION 06-05 06-05 046377 VO 05-1223 12/1/2005 0.00 276.00 204399 CK 12/14/2005 ~~&R~\-RIGOBERTO 06-05 045847 VO 1110234-04 11/17/2005 0.00 43.25 204400 CI( 12/14/2005 ~flP2i1 CORP 06-05 06-05 046255 VO 106398 11/28/2005 0.00 1,841.24 204401 CK 12/14/2005 ~~W8~S-STEVEN 06-05 06-05 046195 VO 0840046-02.1 11/17/2005 0.00 30.73 204402 CK 12/14/2005 ~8SW.y ENTERPRISES 06-05 06-05 046361 VO 36091 11/29/2005 0.00 730.10 204403 CK 12/14/2005 ~8S~8METER INC 06-05 06-05 046303 VO 291300 RI 11/22/2005 0.00 2.691.65 204403 CK 12/14/2005 ~8S~8METER INC 06-05 06-05 046304 VO 291617-RI 12/2/2005 0.00 2,302.96 Check T alai 4,994.61 204404 CK 12/14/2005 ~H~l(llCALL 06-05 06-05 046311 VO A0147941L 11/29/2005 0.00 133.99 204405 CK 12/14/2005 ~I~e~~-RONALD 06-05 06-05 045848 VO 0361012-08 11/1712005 0.00 123.52 204406 CK 12/14/2005 ~8~R.1!O-JOSE M 06-05 045849 VO 0530230-04 11/17/2005 0.00 168.33 204406 CK 12/14/2005 ~8~R.1!O-JOSE M 06-05 046196 VO 0530230-04.1 11/28/2005 0.00 117.84 Check Total 285.97 204407 CK 12/14/2005 ~~~~?tllON 06-05 06-05 045850. VO 062001-03 11/17/2005 0.00 93.32 204407 CK 12/14/2005 ~~~~?tllON 06-05 06-05 045851 VO 0630002-03 11/17/2005 0.00 119.48 Date: ~( day. January 04. 2006 East Vall( later District Page: ( .f 31 Time: A Report: o ,...rpt User: KATHY Check ReQister - Standard Company: EVWD Periods: 06-05 Through 07-(l5 As of: 1/4/2006 Check Check Check Vendo; lD PerIod Ref Doc Invoice !nvolce Discount Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204407 CK 12114/2005 ~~~g?~L10N 06-05 06-05 046197 va 0620001-03.1 11/26/2005 0.00 181.68 204407 CK 12/14/2005 ~~~g?~L10N 06-05 06-05 046198 va 0620002.03.1 11/28/2005 0.00 148.98 Check Total 543.46 204408 CK 12/14/2005 ~H8l(liMP TECHNOLOGIES.INC. 06-05 06-05 046264 VO 2005610 12/2/2005 0.00 315.00 204409 CK 12/14/2005 ~81W~3AMERICAN RESIDENTIAL 06-05 06-05 046199 va 1634170-00.1 11/16/2005 0.00 40.60 204409 CK 12/14/2005 ~8~9~3AMERICAN RESIDENTIAL 06-05 06-05 046202 va 1634161-00.1 11/16/2005 0.00 126.69 204409 CK 12/14/2005 ~8~iffilAMERICAN RESIDENTIAL 06-05 06-05 046203 va 1634159-00.1 11/1612005 0.00 43.64 Check Total 211.13 204410 CK 12/14/2005 8~~P8~TEAM 06-05 06-05 046325 va 14710325 12/5/2005 0.00 871.60 204410 CK 12/14/2005 8~~P8~TEAM 06-05 06.05 046326 va 1400834 12/5/2005 0.00 326.85 Check Total 1,198.45 204411 CK 12/14/2005 ~m~~.S SALES CORP 06-05 06-05 046378 va 1192634 12/8/2005 0.00 130.81 204412 CK 12/14/2005 ~~~~grRMANCE METERS INC 06-05 06-05 046265 va 001006S-IN 12/1/2005 58.51 2,866.91 204413 CK 12/14/2005 ~~~g~~ANA L 06-05 046204 va 0820163-08.1 11/14/2005 0.00 35.50 204414 CK 12/14/2005 ~8~81f-RICARDO 06.05 046205 va 0070160-10.1 11/18/2005 0.00 32.03 204415 CK 12/1412005 ~~8g(j.ts PRECISION ALIGNMENT 06-05 06-05 046298 VO 32018 12/1/2005 0.00 180.00 204416 CK 12/1412005 881~1JZ-ARTHUR 06-05 045852 va 0610082-00 11/17/2005 0.00 33.83 204417 CK 12/14/2005 ~88B~\ PAVING 06-05 06-05 046309 va 1017-05 11117/2005 0.00 5.179.81 204417 CK 12/14/2005 ~88B~\ PAVING 06-05 06.05 046362 va 1018-05 11/2/2005 0.00 1,583.22 Check Total 6,763.03 204418 CK 12/1412005 ~~~CjJgRNARDINO FIRE EQUIPMENT 06-05 06-05 046256 va 11386 11/26/2005 0.00 185.33 204419 CK 12/1412005 ~~800 1 06.05 06-05 046312 VO 90986204466222 11128/2005 0.00 17.12 Date: ~( day, January 04, 2006 East Vall( later District Page: ( ,t 31 Time: ,,,, Report: 0........ .....rpt User: K!ATHY Check Reaister . Standard Company: EVWD Periods: 06-05 Through 07-05 As of: 1/4/2006 Check Check Check Vendor iD Period Ref Doc Invoice Invoice Discount Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204420 ~" -l2l-lAf2nnl:;. ~I-lVnn1 06-05 06-05 046363 VO SHYDEC0205 12/2/2005 0.00 2,835.00 v" , '" uw HVI''tYCKI-RAYMOND 204421 CK 12/14/2005 ~1~e~1 CONSTRUCTION 06-05 06-05 046290 VO 0321274-00 1217/2005 0.00 1,536.14 204422 CK 12/14/2005 ~89:?A>t EDISON COMPANY 06-05 06-05 046327 VO 219857342011/5 12/8/2005 0.00 5,281.54 204422 CK 12/14/2005 ~8<e>A'tEDISON COMPANY 06-05 06-05 046328 VO 2257893750 11/5 12/812005 0.00 1.237.16 204422 CK 12/14/2005 ~8<e>,{ltEDISON COMPANY 06-05 06.05 046343 VO 2264494428 12/6/2005 0.00 105.27 Check Total 6,623.91 204423 CK 12/14/2005 H~~Vh-RONNIE C 06-05 046208 VO 1211401-03.1 11/16/2005 0.00 51.21 204424 CK 12/14/2005 t~~O~dN 06-05 06-05 046388 VO 5612131375 12/5/2005 0.00 11.20 204425 CK 12/14/2005 t8~~6DSON & ASSOCIATES 06-05 06-05 046364 VO EV 019 2 11/16/2005 0.00 1,277.25 204426 CK 12/14/2005 t~U~iIlO-MARIE L 06-05 06-05 045853 VO 1210096-03 11/17/2005 0.00 49.88 204426 CK 12/14/2005 t~U~il1.0-MARIE L 06-05 06-05 046210 VO 1210096-03.1 11/18/2005 0.00 16.59 Check Total 66.47 204421 CK 12/14/2005 U8~9~AYMENT CENTER #5450 06-05 06-05 046329 VO 110861945 12/1/2005 0.00 800.55 204428 CK 12/14/2005 U~Bg?fGROUND SERVICE ALERT 06-05 06-05 046313 va 2005120251 12/1/2005 0.00 141.25 204429 CK 12/14/2005 U~I~~ PARCEL SERVICE 06-05 06-05 046221 VO 000016xw88495 12/3/2005 0.00 61.47 204430 CK 12/14/2005 U~19~b SITE SERVICES OF CA 06-05 06-05 046330 va 1-238903 11/28/2005 0.00 65.00 204431 CK 12/14/2005 ~~~P.?8N WIRELESS 06-05 06-05 046300 va 1997808180 11/25/2005 0.00 121.92 204432 CK 12/14/2005 ~~~P.?~N 06-05 06-05 046314 va 1675651 1205 12/1/2005 0.00 45.66 204433 CK 12/14/2005 ~~lHWhANITARY SUPPLY 06-05 06-05 046266 va 69226030 12/1/2005 0.00 596.55 Date: ~l 'day, January 04, 2006 East van( later District Page: ( ,131 Time: ,;1 User: KATHY Check Re!lister - Standard Report: o ...~.J.rpt Company: EVWD Periods: 06-05 Through 07-05 As of: 1/4/2006 Check Check Check Vendor !D PerIod Ref Doc Invoice Invoice Discount Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204434 CK 12114/2005 ~~~~~lJoRHEAD-MARIE 06-05 06-05 045854 VO 035080-01 11/17/2005 0.00 78.32 204435 CI< 12114/2005 ~~~~OOD-DAN 06-05 045855 VO 0170096-02 11/17/2005 0.00 43.02 204436 CK 12114/2005 ~I~g~hs WATCHDOG. LLC 06-05 046331 VO 34650 1218/2005 0.00 232.00 204437 , CK 12114/2005 ~!f.RIHKEEVER 06-05 06-05 046365 VO 9680 1111/2005 0.00 2,912.40 204438 CK 12114/2005 ~~~PR.\lHEAD UNITED WAY 06-05 06-05 046413 VO ARR120905 12114/2005 0.00 60.00 204439 CK 12114/2005 888~~4TRUSTEE 06-05 06-05 046414 VO DAVIS 120905 12114/2005 0.00 135.00 204439 CK 12114/2005 888~~4TRUSTEE 06-05 06-05 046415 VO ETHERTON 120905 12114/2005 0.00 275.00 Check Tolal 410.00 204440 CK 12114/2005 ~~~CW~RNARDINO CHILD SUPPORT 06-05 06-05 046416 VO SAN120905 12114/2005 0.00 269.00 204441 CK 12114/2005 ~~~0~6NO PUBLIC EMPLOYEES ASSN 06-05 06-05 046417 VO SAN120905 12114/2005 0.00 426.42 204442 CK 12114/2005 ~8~eIF--TAMI REDPATH 06-05 046419 VO SOW120905 12114/2005 0.00 250.00 204443 CK 12/14/2005 ~t~~~4STREET BANK & TRUST 06-05 06-05 046418 VO STA120905 12/14/2005 0.00 7,480.42 204444 CK 12/14/2005 t8~~WR-MARY 06-05 06-05 046420 VO TUR120905 12/14/2005 0.00 225.00 204445 CK 12116/2005 ~~IB~~-PARTY 06-05 06-05 046466 VO 12116/05 12116/2005 0.00 600.00 204446 CK 12120/2005 ~B~002 06-05 06-05 046468 VO 154649 12/2/2005 0.00 493.92 204447 CK 12120/2005 ~B~002 06-05 06-05 046469 VO 167279 1219/2005 0.00 20.00 204448 CK 12120/2005 ~I~a~s WEST 06-05 06-05 046464 VO 103123814 11/30/2005 0.00 55.50 204448 CK 12/20/2005 ~1~P,~s WEST 06-05 06-05 046508 VO 103831335 12/8/2005 0.00 307.16 Check Total 362.66 Dale: i _._:;:ay. January 04, 2006 East valli later District Page: ( )1 31 Time: User: KATHY Check ReQister - Standard Report: o ~_".rpl Company: EVWD Periods: 06-05 Through 07-05 As of: 1/412006 Check Check Check Vendor ID Period Ref Dee !mralee InvoIce D!scount Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204449 CK .. 212" '2"(\~ ^' e(\,.u:: 0E>-05 045937 va 0040066-02 11/23/2005 0.00 48.37 , VI VVoJ AtI;J()~JENNY 204450 CK 12/20/2005 ~CCll?~-DEAN L 06-05 046528 VO 1210954-05.1 11/2/2005 0.00 56.25 204451 CK 12/20/2005 ~~~B~HEAD COUNTRY CLUB 06-05 06-05 046499 VO 69993.1 12/1712005 0.00 4.361.72 204451 CK 12/20/2005 ~~~B~HEAD COUNTRY CLUB 06-05 06-05 046500 VO 69993.1 2005 12/1712005 0.00 1,461.12 Check Total 5,822.84 204452 CK 12/20/2005 ~~8001 06-05 06-05 046566 VO ASC0106 12/20/2005 0.00 4,258.62 204453 CK 12/20/2005 ~~eR3BORING INC. 06-05 06-05 046428 VO 5456 11/15/2005 0.00 8.586.00 204454 CK 12/20/2005 ~~8?J APPARATUS AND VALVE CO. 06-05 06-05 046488 VO 336508 12/12/2005 0.00 1,000.53 204454 CK 12/20/2005 ~~8?J APPARATUS AND VALVE CO. 06-05 06-05 046489 AD 336508CR 12/12/2005 0.00 -0.20 Check Total 1,000.33 204455 CK 12/20/2005 ~I~BO~EFRIGERATION CO..INC. 06-05 06-05 046440 VO 42819 12/12/2005 0.00 138.00 204456 CK 12120/2005 ~8~WCK-VALERIE B. 06-05 044415 VO 630063-2 8/26/2005 0.00 15.31 204457 CK 12/20/2005 ~~8~?6K, BATTERSBY. MCELHANEY, 06-05 046422 VO 161 11/30/2005 0.00 6,368.75 204458 CK 12/20/2005 8~M~0~RESSER & MCKEE INC. 06-05 06-05 046467 VO 80216410/01 11/23/2005 0.00 7.306.76 204458 CK 12/20/2005 8~M~0~RESSER & MCKEE INC. 06-05 06-05 046512 VO 80212947/12 10/1/2005 0.00 17.728.11 Check Total 25,034.87 204459 CK 12/20/2005 8~~~~'hL -WENDI 06-05 045938 VO 0140074-05 11/23/2005 0.00 16.43 204460 CK 12/20/2005 8~~Rf-fECH INTERNATIONAL INC 06-05 06-05 046441 VO EV367 12/2/2005 0.00 5,026.93 204461 CK 12/20/2005 8~~PsfENSEN CO-LAYNE 06-05 045911 VO 0321239-00 11/21/2005 0.00 170.12 204462 CK 12/20/2005 8~~g~~EE-CHRISTINE 06-05 045939 VO 0810253-05 11/23/2005 0.00 40.12 Date: w(' ,day, January 04. 2006 East vall!. ,v'ater District Page: ( )131 Time: 02:40PM Report: o o....J.rpt User: KATHY Check ReQister - Standard Company: EVWO Periods: 06.Q5 Through 07.Q5 As of: 1/4/2006 Check Check Check Vendor ID Period Ref Doc InvoIce tnvolce Di:;ccunt "'.mount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204463 CK 12/20/2005 B*XI'lkOSE, INC. 06-05 O~05 046557 VO 32609 12/15/2005 0.00 12,712.98 204464 CK 12/20/2005 B~PJilsHAUNNA R 06-05 045912 va 0810142-03 11/21/2005 0.00 22.90 204465 CK 12/20/2005 B~l:lJ?~PRESS (USA) INC. 06-05 046501 va S77 45894 12/12/2005 0.00 47.81 204466 CK 12/20/2005 BI~I!P~AFE & LOCK SERVICE 06-05 06-05 046435 va 134860 11/30/2005 0.00 34.01 204466 CK 12120/2005 BI~I!P~AFE & LOCK SERVICE OfHJ5 06-05 046442 va 135010 12/2/2005 0.00 83.68 204466 CK 12/20/2005 BI~I!P~AFE & LOCK SERVICE 06-05 06-05 046504 va 135613 12/15/2005 0.00 3.12 204466 CK 12/20/2005 BI~!~P$AFE & LOCK SERVICE 06-05 06-05 046505 va 135612 12/15/2005 0.00 105.22 Check Total 226.03 204467 CK 12/20/2005 ~:?,B~~BCOCK & SONS, INC 06-05 046423 va AL50312-0791 12/6/2005 0.00 2.100.00 204467 CK 12/20/2005 ~:?'~~~BCOCK & SONS. INC 06-05 046424 va AK50559-0791 12/8/2005 0.00 1.440.00 204467 CK 12/20/2005 ~:?'~~~BCOCK & SONS. INC 06-05 046490 va AL50599-0791 12/8/2005 0.00 270.00 204467 CK 12/20/2005 ~~~~BCOCK & SONS. INC 06-05 046491 va AL50600-0791 12/8/2005 0.00 30.00 Check Total 3,840.00 204468 CK 12/20/2005 ~~BgWAL EXPRESS 06-05 06-05 046502 va 3-228-92180 12/9/2005 0.00 27.48 204469 CK 12/20/2005 ~1@B~1REDO-ALVARO OfHJ5 045913 va 0430083-01 11/21/2005 0.00 79.38 204470 CK 12/20/2005 ~~~~HISE TAX BOARD OfHJ5 046558 va FRA 122005 12/20/2005 0.00 25.00 204471 CK 12/20/2005 tl~~B?~E PARTS COMPANY 06-05 06-05 046503 va 890841 91712005 0.06 3.06 204471 CK 12/20/2005 tl~~B?~E PARTS COMPANY 06-05 OfHJ5 046506 . va 904062 12/14/2005 0.75 36.85 Check Total 39.91 204472 CK 12/20/2005 @f\18qg~lRROSION & ELECTRICAL 06-05 046447 va E-05-1083-A 12/1/2005 0.00 5,990.00 204473 CK 12/20/2005 ~~~cp..GOROON 06-05 06-05 046492 va GRA121205 12/12/2005 0.00 150.00 204474 CK 12/20/2005 ~~1:'IlL1(ON-RAMON M 06.05 045940 va 0810197-09 11/23/2005 0.00 25.12 204474 CI( 12/20/2005 ~~falL%N-RAMON M 06-05 046194 VO 0810197-09.1 11/28/2005 0.00 45.01 Date: ~ day, January 04, 2006 East V!'1I1( later District Page: ! ,t 31 Time: 02. _. M User: KATHY Check ReQister - Standard Report: o lJ...1J.rpt Company: EVWD Periods: 06..o~ Througll 07a05 As of: 1/412006 Check Check Check Vendor iD Period Rei Doc Invo!ce Invoice DIscount Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Dale Taken Paid Check Total 70.13 204475 CK 12120/2005 ~~~~~~DEZ-DAVID 06-05 045914 VO 0340055-02 11/21/2005 0.00 165.03 204476 CK 12/20/2005 ~~~~~1>JDEZ -KEVIN 06-05 045915 VO 0140212-09 11/21/2005 0.00 52.47 204477 CK 12/20/2005 ~~~~1'k-ENOC J 06-05 046191 -VO 0230117-05-1 11/21/2005 0.00 45.16 204478 CK 12/20/2005 ~18O~2 06-05 046436 VO HIC120105 12/1/2005 0.00 4,000.00 K - RICHARDSON ASSOCIATES 204479 CI( 12/20/2005 ~U~086 06-05 06-05 046443 VO Q10005484 12/8/2005 0.00 158.74 U NSTRUCTION SPECIALTIES 204480 CK 12/20/2005 1~1:R%'b WATER WORKS SUPPLY CO 06-05 06-05 046519 VO 160409 11/14/2005 5.06 248.00 204480 CK 12/20/2005 1~1:R%'b WATER WORKS SUPPLY CO 06-05 06-05 046520 VO 161750 12/16/2005 79.54 3,897.51 Check Total 4,145.51 204481 CK 12/20/2005 l~fg'/rNATIONAL RUBBER & SUPPLY 06-05 06-05 046521 VO 22870 12/9/2005 5.63 275.79 204482 CK 12/20/2005 JJf.~~LlER & ASSOC INC. 06-05 046526 VO 006065790 12/9/2005 0.00 745.00 204483 CK 12120/2005 J8~~??ClEANERS 06-05 06-05 046412 VO 157725 12/12/2005 0.00 5.94 204483 CK 12/20/2005 J8~~'/?CLEANERS 06-05 06-05 046444 VO 157833 12/13/2005 0.00 4.95 Check Total 10.89 204484 CK 12/20/2005 J~CjP~EEMAN CO., INC 06-05 06-05 045858 VO 313224-0 11/16/2005 0.00 107.73 204484 CK 12/20/2005 J~~EEMAN CO., INC 06-05 06-05 045863 VO 313360-0 11/17/2005 0.00 138.86 204484 CK 12/20/2005 J~CjP~EEMAN CO., INC 06-05 06-05 046463 va 314526-0 12/14/2005 0.00 43.21 Check Total 289.80 204485 CK 12120/2005 ~g~~lII-REBECCA 06-05 06-05 046514 VO KAS121905 12/19/2005 0.00 110.00 204486 CI( 12/20/2005 ~WqgCuMBING CO 06-05 06-05 046429 VO 10182 11/30/2005 0.00 58.832.50 204487 CK 12/20/2005 ~Wg~N PRODUCTS.INC 06-05 06-05 046509- VO 3893259 12/2/2005 1.99 212.43 Dale:. wi day, January 04, 2006 East van( later District Page: {,f 31 Time. 02'-- N1 . Report: ok .rpt User: KATHY Check Relllster - Standard Company: EVWD Periods: 06-05 Through 07-05 As of: 1/4/2006 Check Check Check Vendor 10 Period Ref Doc Invoice Invoice Discount Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204488 CK 12/20/2005 l:8~&BRIA-REYMUNDO 06-05 045916 VO 0530203-07 11/21/2005 0.00 40.20 204489 CI< 12/20/2005 l:~8~q,~ICHELLE H 06-05 045941 VO 1240609-02 11/23/2005 0.00 8.32 204490 CK 12/20/2005 ~~PdA CORP 06-05 06-05 046445 VO 106621 12/2/2005 0.00 3,221.35 204490 CI< 12/20/2005 ~~PdA CORP 06-05 06-05 046524 . VO 106719 12/12/2005 0.00 1.609.06 Check Total 4,830.41 204491 CI< 12/20/2005 ~~WUl:WS-DARRYL F 06-05 045942 VO 0530253-03 11/23/2005 0.00 126.14 204492 CK 12/20/2005 k18~'lt8METER INC 06-05 06-05046465 VO 291242 RI 11/21/2005 0.00 2,692.58 204493 CK 12/20/2005 ~~B~NO-MAIRA 06-05 045943 VO 0910755-02 11/23/2005 0.00 24.D4 204494 CK 12/20/2005 k18RH.~MINIINC 06-05 06-05 046466 VO OF 941 71593602 9/20/2005 0.00 80.64 204494 CK 12/20/2005 k18RH.~MINIINC 06-05 06-05 046522 . VO 76970 12/13/2005 0.00 80.64 Check Total 161.08 204495 CK 12/20/2005 k1~~~~6..RHONDA & STEVEN 06-05 045944 VO 1400232-02 11/23/2005 0.00 48.82 204496 CK 12/20/2005 ~HB'lrMP TECHNOLOGIES, INC. 06-05 046527 VO 2005645 12/20/2005 0.00 4,266.90 204497 204500 Missing 204501 CI< 12/20/2005 ~k1lltgZ-CARLOS 06-05 045946 VO 1360033-07 11/23/2005 0.00 17.73 204502 CI< 12/20/2005 ~~m~'h DEPT CITY OF S B 06-05 046430 VO 51261711/05 12/12/2005 0.00 1.554.80 204502 CK 12/20/2005 REF001 06-05 046431 VO 51173511/05 12/12/2005 0.00 101.00 REFUSE DEPT CITY OF S B 204502 CK 12/20/2005 REF001 06-05 046432 VO 51481911/05 12/12/2005 0.00 111.00 REFUSE DEPT CITY OF S B 204502 CK 12/20/2005 REF001 T 0 S 06-05 046433 VO 51422311/05 12/12/2005 0.00 101.00 REFUSE DEP CITY F B Check Total 1,867.80 204503 CK 12/20/2005 ~bN~~l> B REGAN 06-05 045917 VO 0020124-01 11/21/2005 0.00 5.42 204504 CK 12/20/2005 ~8B~t8uEZ-JOHN 06-05 06-05045947 VO 0630249-06 11/23/2005 0.00 56.38 Date: { day, January 04, 2006 East vall( later District Page: ( "31 Time: 02: _,.M Report: 0, ..rpt User: KATHY Check Reaister - Standard Company: EVWD Periods: 06-oS Through!l7-oS As of: 1/4/2006 , Check Check Check Vendor 10 Peiiod Ref 000 Invoice Invoice Discount Amount Nbr Type Date Vendor Name To Post Closed Nbr 1"ype Number Date Taken Paid 204505 Ci< 12120/2005 ~~WBss STORES 06-0S 046552 VO 0510242-02.1 11/23/2005 0.00 31.50 204506 CK 12/20/2005 ~~~b1~ROM-SHERI L 06-0S 06-0S 04S948 . VO 0440239-09 11/23/2005 0.00 66.48 204507 CK 12/20/2005 ~~~:wgRNARDINO MUNICIPAL 06-05 046471 VO 12545 11/21/200S 0.00 1,643.20 204508 CK 12/20/2005 ~R8001 06-05 046515 VO 8648038 1205 12/10/2005 0.00 151.64 204508 CK 1212012005 ~R8001 06-05 046516 VO 8641702 1205 12/10/2005 0.00 105.57 204508 CK 12/20/2005 ~R8001 06-05 046517 VO 3421920 1205 1217/2005 0.00 468.01 204508 CK 12/20/2005 ~~8001 06-05 046518 VO 253-1067 1217/2005 0.00 48.38 Check Total 773.60 204509 CK 12/20/2005 ~11:\}9;1 CONSTRUCTION 06-05 046554 VO 0321274-00.1 121912005 0.00 57.28 204510 CK 12/20/2005 ~8<tl){lt PUMP & WEll SERVICE 06-05 06-oS 046437 VO 38960 11/3/2005 0.00 3,293.32 204510 CK 12/20/2005 ~8<e>..(It PUMP & WEll SERVICE 06-05 06-05 046438 VO 38922 10/26/2005 0.00 1,615.04 204510 CK 12/20/2005 ~8<e>..(ItpUMP & WELL SERVICE 06-05 06-05 046439 VO 39007 11/3/2005 0.00 1,224.92 Check Total 6,133.28 204511 CK 12/20/2005 ~8<e>.R~ EDISON COMPANY 0&-05 06-05 046434 VO 2207048679 11/5 12/13/2005 0.00 11.900.72 204511 CK 12/20/2005 ~8<e>.Rt EDISON COMPANY 06-05 06-05 046513 VO 2077594695 1105 12/14/2005 0.00 117,203.20 Check Total 129,103.92 204512 CK 12/20/2005 ~f~rOF CALIFORNIA 06-05 06-05 046470 VO STA120905 12/1812005 0.00 24,816.95 204513 CK 12/20/2005 ~f8~~~L-JEFF 06-05 045949 VO 0620069-02 11/23/2005 0.00 263.04 204514 CK 12/2&2005 t~~~~-NORM 06-05 06-05 046525 VO TER121905 12/2012005 0.00 120.00 204515 CK 12/20/2005 cl5'2~~ TIPPECANOE A GAL 06-05 06-05 045918 VO 0820173-02 11/21/2005 0.00 1,397.05 204515 CK 12/20/2005 IN)2~~ TIPPECANOE A CAl 06-05 06-05 045919 VO 0820112-02 11/21/2005 0.00 1.818.29 204515 CK 12/20/2005 t\)2~~ TIPPECANOE A CAl 06-05 06-05 045920 VO 0820110-02 11/2112005 0.00 41.12 204515 CK 12/20/2005 6\)2~~TIPPECANOE A CAL 06-05 06-05 045921 VO 0820108-02 11/21/2005 0.00 2,079.05 Check Total 5,33S.51 Dale: w( jay, January 04, 2006 East Valle( 'ater District Page: ( f 31 Time: 02. A Report: o .pt User. KATHY Check ReclIster - Standard Company: EVWD Periods: 06.05 Through 07-05 As of: 1/412006 Check Check Check Vendor lD Period Ref Doc Invoice Invoice Discount Amount Nb, Type Date Vendor Name To Post Closed Nb, Type Number Date Taken Paid 204516 CK 12/20/2005 IflAOQ5-.._...... .__. ._. ...._ 06-05 046498 VO E-43376 8/23/2005 0.00 141.00 I KANtit-'UKIAIIUN Ul:;t"'Al""'IIVIl::NI 204517 CK 12/20/2005 H~BI/t-WILLlAM 06-05 045922 VO 1320076-03 11/21/2005 0.00 75.74 204518 CK 12/20/2005 WI4A95'~ INTERNATIONAL 06-05 06-05 046446 VO 2303572 12/9/2005 0.00 38.01 204519 CK 12/20/2005 8~I~g,.:o PARCEL SERVICE 06-05 06-05 046425 VO 000016XW88505 12/10/2005 0.00 16.00 204520 CK 12/20/2005 8~I~Eb SITE SERVICES OF CA 06-05 046426 VO 1-243667 12/212005 0.00 82.77 204520 CK 12/20/2005 8~I~Eb SITE SERVICES OF CA 06-05 046427 VO 1-243668 12/2/2005 0.00 94.43 Check Total 177.20 204521 CK 12/20/2005 ~~~lJPdN 06-05 046493 va 18200921205 12/4/2005 0.00 45.85 204521 CK 12/20/2005 V~~sg4 06-05 046560 VO 18140231205 1217/2005 0.00 42.85 V ION 204521 CK 12/20/2005 ~~~lJPdN 06-05 046561 VO 8852804 1205 12/10/2005 0.00 33.91 Check Total 122.61 204522 CK 12/20/2005 ~~~lJP(lN 06-05 046494 VO 490010274397 12/9/2005 0.00 33.25 204523 CK 12/20/2005 ~IB~:l.ALFREDO 06-05 '046211' VO 0830141-04.1 11/21/2005 0.00 31.92 204524 CK 12/20/2005 ~1~~9-2pAINTS 06-05 046510 VO 17092672 12/1/2005 0.41 20.12 204524 CK 12/20/2005 ~1~~9-2pAINTS 06-05 046511 va 17092747 12/2/2005 0.51 24.87 Check Total 44.99 204525 CK 12/20/2005 WW1~~MBERSHIP 06-05 06-05 046421 va WEF121405 12/14/2005 0.00 3.000.00 204525 VC 12/21/2005 W~~%l~MBERSHIP 06-05 06-05 046421 VO WEF121405 12/14/2005 0.00 -3.000.00 Check Total 0.00 204526 CK 12/20/2005 W~I~~q, TINA L 06-05 045923 VO 0020153-10 11/21/2005 0.00 14.64 204527 CK 12/20/2005 ~~~~&DICAL SERVICE # 06-05 046487 VO 140867640 12/16/2005 0.00 53.97 204527 CK 12/20/2005 ~~~~&D1CAL SERVICE # 06-05 046523 VO 140867653 12/19/2005 0.00 325.39 Check Total 379.36 204528 CK 12/20/2005 ~88~'blOTTO.GREGORY L 06-05 045950 VO 0330058-06 11/23/2005 0.00 41.44 Date: w{ Jay, January 04, 2006 East valle( .ater District Page: ot ' 31 Time: 02: Co,lvl Report: .pt User: KATHY Check Reaister. Standard Company: EVWD Periods: 06.Q5 Through 07.Q5 As of: 1/4/2006 Check Check Check Vendor 10 Period Ref 0"" Invoice Invoice Discount Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date laken Paid 204529 CK 12/20/2005 ~8~q~3 AMERICAN RESIDENTIAL 06-05 045945 va 1634166-00 11/23/2005 0.00 45.67 204530 CI< 12/20/2005 8~~P8~TEAM 06-05 06-05 046559 va 14774099 12/20/2005 0.00 632.88 204531 CK 12/20/2005 ~8~ROaISTRIBUTlNG co 06-05 06-05 046507 va 488345 12/8/2005 0.00 800.57 204532 CI< 12/20/2005 ~~g~1 06-05 046495 va 714816228 1217/2005 0.00 67.07 204532 CI< 12/20/2005 ~~g~1 06-05 .046496 va 714816279 1217/2005 0.00 5.20 204532 CI< 12/20/2005 8W~g~1 06.05 046497 VO 714816281 1217/2005 0.00 5.20 Check Total 77.47 204533 CI< 12/20/2005 t~~n 06-05 06-05 046567 va TRA 122005 12/20/2005 0.00 2,768.03 C CONTROL SERVICES 204534 CI< 12/21/2005 WAt~?t 06-05 046598 va WAT122105 12/2112005 0.00 3,000.00 WA EDUCATION FOUNDATION 204535 . CK 12/2912005 ~B~002 06-05 046614 va 180487 12/16/2005 0.00 367.02 204536 CK 12/29/2005 ~@8Il}(lR-FLORENTINO G 06.Q5 046093 va 0610080-02 12/1/2005 0.00 11.43 204537 CK 12/2912005 ~1~ages WEST 0S-05 046665 va 103846320 12/16/2005 0.00 43.23 204538 CK 12/29/2005 ~~R1<1:Z -GLORIA A 06-05 045984 va 0610020-03 11/28/2005 0.00 28.16 204538 CK 12/29/2005 ~1:~R1<1:Z-GLORIAA 06-05 046183 va 0810020-03.1 12/1/2005 0.00 36.00 Check Tolal 64.16 204539 CK 12/29/2005 ~~~~~DO-DENN'S 06-05 045983 VO 1361127-07 11/28/2005 0.00 31.44 204540 CI< 12/29/2005 ~~~~9~AN PRIDE PRINTING 06-05 046706 VO 12414 12/2912005 0.00 433.10 204541 CK 12/29/2005 ~~~~ltAN SOLUTIONS FOR BUSINES 06-05 046707 VO 2515904 12/19/2005 0.00 1,026.12 204542 CK 12/29/2005 ~A~~IoEk 06-05 046695 VO 1440026-03 12/28/2005 0.00 44.10 A -ARTEMUS M Dale: v{, day, January 04, 2006 East van( later District Page: ( ,f 31 Time: 02: v,-M Report: o ~.J.rpt User: KATHY Check Reqister - Standard Company: EVWD Periods: 06-05 Through 07-05 As of: 1/4/2006 Check Check Check Vendor ID Period Ref Doc Invoice hwoic~ Discount Amm.mt Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204543 CK i 2/29/2005 &~~fl8'1vATER TECHNOLOGY GROUP n~ n!:: 046698 va EV\^!-120605 12/6/2005 0.00 10,167.45 v~v 204543 CK 12/29/2005 B~gW~ATER TECHNOLOGY GROUP 01>-05 046699 AD EVW-120605 12/6/2005 0.00 -1.643.20 Check Total 8,524.25 204544 CK 12/29/2005 ~~WIliN-JOHN W 06-05 046633 VO 41610 12/12/2005 0.00 2,500.00 204545 CK 12/29/2005 ~~8~1.fAM-JAMES 06-05 046095 va 0910007-04 12/1/2005 0.00 1,208.74 204546 CK 12/29/2005 ~~g~bANIEL 06-05 lJ46094 va lJ920123-06 12/1/2005 0.00 44.61 204547 CK 12/29/2005 B~6gttPMENT -BRAEMAR 06-05 046096 va 1340262-00 12/1/2005 0.00 36.00 204547 CK 12/29/2005 B~6gttPMENT-BRAEMAR 06-05 046532 va 1340262-00.1 12/15/2005 0.00 30.00 Check Total 66.00 204548 CK 12/29/2005 ~H8~~ALD-RON 06-05 046625 VO BUC122205 12/22/2005 0.00 902.99 204549 CK 12/29/2005 ~H~~~ss MOVING & STORAGE 01>-05 046664 va 3065JAN06 1/112006 0.00 804.41 2lJ4550 CK 12/29/2lJ05 ~Hfeg~-PATRICIA lJI>-05 046097 VO 1260175-00 12/1/2005 0.00 5.39 204551 CK 12/29/2005 8~I:W6RNIA STRATEGIES, LLC 01>-05 046690 va 120547 12/19/2005 0.00 12,500.00 204552 CK 12/29/2005 8~~m( HOMES 01>-05 046538 VO 0750263-00.1 12/12/2005 0.00 41.56 204552 CK 12/29/2005 8~~~gl HOMES 06-05 046562 va 0750263-00.1 12/12/2005 0.00 4.99 204552 CK 12/29/2005 8~~~gl HOMES 06-05 046564 AD 0750263-00.1 12/1212005 0.00 -41.56 Check Tolal 4.99 204553 CK 12/29/2005 8~~RP-fECH INTERNATIONAL INC 06-05 046634 . VO EV366 11/29/2lJ05 0.00 2,576.45 204553 CK 12/29/2005 8~~RP-fECH INTERNATIONAL INC 06-05 046635 VO EV365 11/22/2005 0.00 6,481.80 Check Total 9,058.25 204554 CK 12/29/2005 S:~A~~ 01>-05 046592 VO CHE 1/06 12/21/2005 0.00 800.00 G, C CHENG, C LAU. A LAU 204555 CI< 12/29/2005 88~gW-ALBERT 06-05 046593 VO COH122105 12/21/2005 0.00 2.500.00 Date: w( day, January 04, 2006 East vani later District Page: ( f 31 Time: 02: _. .\.1 Check, Reqisb~r - Standard Report: o . ..'pi User; KATHY Company; EVWD Periods: 06-05 Through 07-05 As of: 1/4/2006 Check Check Check Vendor ID Period Raf ~-- InvoIce InvoIce Discount Amount uuu Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204556 CK 12/29/2005 88B~~~BARBARA r'\t::r'\J:::. 046565 VO 0750261-00.1 11/30/2005 0.00 41.56 .............. 204557 CK 12/29/2005 B~~~Ril:LL CORPORATION 06-05 046571 va NC507112 12/3/2005 0.00 286.70 204558 CK 12/29/2005 ~IG~r-?DELTA COMMERCIAL 06-05 046098 va 0360104-04 12/1/2005 0.00 18.14 204558 CK 12/29/2005 2iG~r-?DEL T A COMMERCIAL 06-05 046099 VO 0360107-04 12/112005 0.00 40.33 204558 CK 12/29/2005 ~'G~r-?DEL TA COMMERCIAL 06-05 046100 VO 0360106-04 12/1/2005 0.00 15.09 204558 CK 12/29/2005 ~~.y?DEL TA COMMERCIAL 06-05 046101 va 0360105-04 12/1/2005 0.00 35.50 Check Total 109.06 204559 CI< 12/29/2005 BI91)f~AFE & LOCK SERVICE 06-05 046568 va 135808 12/20/2005 0.00 2.96 204560 CK 12/29/2005 B8~B)"1..S0N-JOAN A 06-05 046188 va 1130211-03.1 1113012005 0.00 94.20 204561 CK 12/2912005 ~:!I:~q(BCOCK & SONS, INC 06-05 046578 VO AL50743-0791 12/9/2005 0.00 510.00 204561 CK 12/29/2005 ~:1,El~q(BCOCK & SONS. INC 06-05 046579 VO AL50737-0791 12/9/2005 0.00 30.00 204561 CK 12129/2005 ~:1,~'IeIElCOCK & SONS. INC 06-05 046580 va AL50736-0791 12/9/2005 0.00 40.00 204561 CK 12/29/2005 ~:!I:I/P~BCOCK & SONS. INC 06-05 046581 va AL50683-0791 12/9/2005 0.00 210.00 204561 CK 12/29/2005 ~~!.I/P~ElCOCK & SONS. INC 06-05 046582 va AL50789-0791 1211212005 0.00 175.00 204561 CK 12/29/2005 ~:1,BI/P~BCOCK & SONS, INC 06-05 040583 va AL50929-0791 12/1212005 0.00 20.00 204561 CK 12/29/2005 ~:1,~I/P~BCOCK & SONS. INC 06-05 046584 va AL50908-0791 12112/2005 0.00 15.00 204561 CK 12/29/2005 ~:!I:I/P~BCOCK & SONS, INC 06-05 046585 va AL50907 -0791 12/12/2005 0.00 120.00 204561 CK 12/29/2005 ~~!.I/P~BCOCK & SONS. INC 06-05 046586 VO AL50820-0791 12/12/2005 0.00 30.00 204561 CK 12129/2005 ~:1,B~q(BCOCK & SONS, INC 06-05 046587 va AL50821-0791 12/12/2005 0.00 240.00 204561 CK 1212912005 ~:1,~~q(BCOCK & SONS, INC 06-05 046588 va AL50853-0791 12/12/2005 0.00 30.00 Check Total 1,420.00 204562 CK 12/29/2005 H~~% LLC, REFOUA LLC 06-05 046594 va ETE 1/06 12/21/2005 0.00 400.00 204563 CK 12/29/2005 ~~8B~tv PHYSICIANS AND SURGEON 06-05 046612 va EG07771455 12/21/2005 0.00 1,415.00 204564 CK 12/29/2005 ~~I~IijjEW FORD SALES.INC 06-05 046636 VO 511019 12/20/2005 0.00 3.94 Dale: w{ 'ay, January 04, 2006 East Valle{ ater District Page: ot . 31 Time: 02: ,I Report: .pt User: KATHY Check ReQister - Standard Company: EVWD Periods: 06..()S Through 07-05 As of: 1/4/2006 Check Ch:::ck Check Vendor !D Pertod Ref Doc Invoice Invoice Discount Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204564 CK 12/29/2005 E~I~OL.. ____ _" __ .,,_ 06-05 046637 VO 511061 12/20/2005 0.00 213.89 t- I VU::.W I-UKU ~AL~;:'.U'llv Check Total 217.83 204565 CK 12/29/2005 ~1:8~fs-JOE 06-05 046102 VO 1030104-02 12/1/2005 0.00 43.29 204566 CK 12129/2005 m8~~l.i STREET ROCK CRUSHER 06-05 046708 VO 236799 12/22/2005 0.00 498.83 204567 CK 12/29/2005 8~1~~~AUL R 06-05 046103 VO 0930011..()2 12/1/2005 0.00 50.34 204567 CK 12129/2005 8~1~~~AUL R 06.05 046190 VO 0930011.02.1 12/1/2005 0.00 113.41 Check Total 163.75 204568 CK 12129/2005 8~I:~JlN-ALEJANDRO 06.05 045986 VO 0310160.03 11/2812005 0.00 67.50 204569 CK 12129/2005 8~~0~7 06-05 046569 VO 904692 12/19/2005 1.12 64.89 U NE PARTS COMPANY 204569 CK 12/29/2005 8~~B?~E PARTS COMPANY 06.05 046638 VO 904936 12/21/2005 0.16 7.91 Check Total 62.80 204570 CK 12129/2005 8~808~lRROSION & ELECTRICAL 06-05 046639 VO CP-05.1056 12/1/2005 0.00 1.000.00 204571 CK 12/29/2005 881~~1 JANITORIAL SERVICE 06.05 046710 VO 1305 12/22/2005 0.00 2,135.00 204572 CK 12/29/2005 ~~R~'k EQUIPMENT COMPANY 06.(]5 046570 VO C44705 12/8/2005 0.00 2,018.40 204573 CK 12/29/2005 ~~8~OCOMPANY 06.05 046705 VO 4531656 12/15/2005 0.00 494.53 204574 CK 12/29/2005 ~~BB9>.b-WAJDI 06-05 046104 VO 0170246-04 12/1/2005 0.00 37.84 204575 CK 12/29/2005 ~~~~~-LUIS 06-05 046105 VO 1540777.04 12/1/2005 0.00 112.37 204576 CK 12/29/2005 ~18~l1NDS STAR CENTER. LLC 06-05 046711 VO 163.15 1/1/2006 0.00 1,344.00 204576 CK 12/29/2005 ~18~l1NDS STAR CENTER, LLC 06-05 046712 VO 138.21 1/1/2006 0.00 8,960.00 Check Total 10,304.00 204577 CK 12/29/2005 ~8~086NSTRUCTION SPECIALTIES 06-05 046666 VO Q10013769 12/20/2005 0.00 545.58 Date: wi: Jay, January 04, 2006 East vane( .ater District Page: ot f 31 Time: 02: .. ,~ Report: .pt User: KATHY Check Reaister - Standard Company: EVWD Periods: 06.{)S Throu9h 07.{)S As of: 11412006 Check Check Check Vendor iO Period Ref Doc Invoice Invoice Discount Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date laken Paid 204578 ~v .t2f2n/2nnr::. 1i''''^(;/1 06-05 046626 VO TOMPKINS 1212212005 0.00 25.00 v", I ;;J uu.... I~. vA. 204578 CI{ 121291200S 1<t"WOl 06-05 046627 VO J HENDRICKSEN 1212212005 0.00 25.00 Check Total 50.00 204579 CK 1212912005 I~~ EMPIRE EAC 06-05 046624 VO INL 122105 1212112005 0.00 50.00 204580 CK 1212912005 I~~WATER WORKS SUPPLY CO 06-05 06-05 046616 VO 161854 1212012005 1.15 56.28 204580 CK 1212912005 I~WDWATER WORKS SUPPLY CO 06-05 06-05 046667 VO 160672 1111812005 175.02 8,575.81 204580 CK 1212912005 I~~ WATER WORKS SUPPLY CO 06-05 06-05 046668 VO 160767 11122/2005 169.41 8,300.84 204580 CK 1212912005 1~1:2.'/ib WATER WORKS SUPPLY CO 06-05 06-05 04~ VO 161160 1215/2005 109.45 5.363.21 204580 CK 12/2912005 1~1:2.'/ib WATER WORKS SUPPLY CO 06-05 06-05 046670 VO 161486 1211212005 7.87 385.42 204580 CK 12129/2005 1~1:2.'/ib WATER WORKS SUPPLY CO 06-05 06-05 046671 VO 161159 121512005 31.02 1,519.94 204580 CK 12129/2005 1~1:2.'/ib WATER WORKS SUPPLY CO 06.05 06-05 046672 VO 161857 1212012005 8.99 440.44 204580 CK 1212912005 1~1:2.'/ib WATER WORKS SUPPLY CO 06-05 06-05 048673 VO 161393 121812005 1.16 57.03 204580 CK 1212912005 1~1:2.'/ib WATER WORKS SUPPLY CO 06-05 06-05 046674 VO 161156 121512005 16.05 786.69 204580 CK 1212912005 1~1:2.'/ib WATER WORKS SUPPLY CO 06-05 06-05 046675 VO 161489 1211212005 11.44 560.71 204580 CK 1212912005 1~1:2.'/ib WATER WORKS SUPPLY CO 06-05 06-05 046676 VO 161856 1212012005 86.74 4,250.20 204580 CK 1212912005 1~1:2.'/ib WATER WORKS SUPPLY CO 06-05 06-05 046677 VO 161855 12/20/2005 18.10 887.00 204580 CK 1212912005 1~1:2.'/ib WATER WORKS SUPPLY CO 06-05 06-05 046678 VO 181487 1211212005 53.53 2,622.98 204580 CK 12129/2005 1~1:2.'/ib WATER WORKS SUPPLY CO 06-05 06-05 046679 VO 161488 1211212005 37.76 1.850.02 204580 CK 12129/2005 1~1:2.'/ib WATER WORKS SUPPLY CO 06-05 06-05 046681 VO 161155 121512005 391.82 19,199.29 204580 CK 1212912005 1~1:2.'/ib WATER WORKS SUPPLY CO 06-05 06-05 046682 VO 160893 11/2812005 99.63 4,881.66 204580 CK 1212912005 1~1:2.'/ib WATER WORKS SUPPLY CO 06-05 06-05 046683 VO 160782 11/2212005 100.98 4,948.19 204580 CK 1212912005 1~1:2.'/ib WATER WORKS SUPPLY CO 06-05 06-05 046684 VO 161964 1212112005 3.06 149.95 204580 CK 1212912005 I~I:R~ WATER WORKS SUPPLY CO 06-05 06-05 046685 VO 161963 1212112005 2.97 145.73 204580 CK 1212912005 I~I:R'/ib WATER WORKS SUPPLY CO 06-05 06-05 046686 VO 161749 1211612005 0.99 48.58 204580 CK 1212912005 I~I:R'/ib 06-05 06-05 046687 VO 160759 11/2212005 1,408.92 69,037.19 WATER WORKS SUPPLY CO 204580 CK 12/2912005 1~1:R\!ib 06-05 06-05 046688 VO 160671 1111812005 176.30 8,638.54 WATER WORKS SUPPLY CO 204580 CK 12129/2005 1~1:R~5 06-05 06-05 046691 VO 160678 11/1812005 15.10 740.Q1 D WATER WORKS SUPPLY CO .- / Dale: W\. day, January 04, 2006 East Vall~ later District Page: ( ,131 Time: 02. _, M Report: o >::._....rpt User. KATHY Check Reqister - Standard Company: EVWD Periods: 06.Q5 Through 07-05 As of: 1/4/2006 Check Chec1~ Check Vendor 10 Period Ref Doc InvoIce Invoice D!SCOlJllt Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204080 CK 12129/2005 i~i:XRib WATER WORKS SUPPLY CO 06-05 06-05 046692 VO 12116/2005 7.33 359.02 204580 CK 12/29/2005 1~I:.2.~D WATER WORKS SUPPLY CO 06-05 06-05 046701 VO 160575 11/1712005 99.56 4,878.51 204580 CK 12/29/2005 1~1:lt~ WATER WORKS SUPPLY CO 06-05 06-05 046702 VO 161605 12/14/2005 2.48 121.43 204580 CK 12/29/2005 1~1:lt~1:J WATER WORKS SUPPLY CO 06-05 06-05 046704 VO 161965 12/21/2005 1.75 85.53 204580 CK 12/29/2005 1~1:lt~ WATER WORKS SUPPLY CO 08-05 06-05 046709 VO 160786 11/22/2005 116.85 5.715_87 204580 VC 12/29/2005 1~1:lt~ WATER WORKS SUPPLY CO 06-05 08-05 046616 VO 161854 12/20/2005 -1.15 -56.28 204580 VC 12/29/2005 1~1:lt~ WATER WORKS SUPPLY CO 06-05 06-05 046667 VO 160672 11/18/2005 -175.02 -8.575.81 204560 VC 12/29/2005 1~1:lt~ WATER WORKS SUPPLY CO 06-05 06-05 046668 VO 160767 11/22/2005 -169.41 -6,300.84 204580 VC 12/29/2005 1~1:.2.~ WATER WORKS SUPPLY CO 06-05 06-05 046669 VO 161160 12/5/2005 -109.45 -5.363.21 204560 VC 12/29/2005 1~1:.2.~ WATER WORKS SUPPLY CO 06-05 06-05 046670 VO 161486 12/12/2005 -7.87 -385.42 204580 VC 12/29/2005 1~1:lt~ WATER WORKS SUPPLY CO 06-05 08-05 046671 VO 161159 12/512005 -31.02 -1,519.94 204580 VC 12/29/2005 1~1:lt~ WATER WORKS SUPPLY CO 08-05 06-05 046672 VO 161857 12/20/2005 -8.99 -440.44 204580 VC 12/29/2005 1~1:lt~ WATER WORKS SUPPLY CO 06-05 06-05 048673 VO 161393 12/8/2005 -1.16 -57.03 204580 VC 12/29/2005 1~1:.2.~ WATER WORKS SUPPLY CO 06-05 06-05 046674 VO 161156 12/5/2005 -16.05 -786.69 204580 VC 12/29/2005 1~1:lt~ WATER WORKS SUPPLY CO 06-05 06-05 046675 VO. 161489 12/12/2005 -11.44 -560.71 204580 VC 12/29/2005 1~1:lt~ WATER WORKS SUPPLY CO 08-05 06-05 046876 VO 161858 12/20/2005 -86.74 -4,250.20 204580 VC 12/29/2005 1~1:.2.~ WATER WORKS SUPPLY CO 06-05 06-05 046677 VO 161855 12/20/2005 -18.10 -887.00 204580 VC 12/29/2005 1~I:lt~o WAT~R WORKS SUPPLY CO 06-05 06-05 046678 VO 161487 12/12/2005 -53.53 -2,622.98 204580 VC 12/29/2005 1~1:lt~ WATER WORKS SUPPLY CO 06-05 06-05 046679 VO 16148B 12/12/2005 -37.76 -1.850.02 204580 VC 12/29/2005 I~CR~ WATER WORKS SUPPLY CO 08-05 06-05 046681 VO 161155 12/5/2005 -391.82 -19,199.29 204580 VC 12/29/2005 I~CR~ WATER WORKS SUPPLY CO 06-05 08-05 046682 VO 160893 11/28/2005 -99.63 -4,881.66 204580 VC 12/29/2005 I~CR~ WATER WORKS SUPPLY CO 06-05 06-05 046683 VO 160782 11/22/2005 -100.98 -4,948.19 204580 VC 12/29/2005 I~CR~ WATER WORKS SUPPLY CO 06-05 06-05 046684 VO 161984 12/21/2005 -3.06 -149.95 204580 VC 12/2912005 1~1:lt~ WATER WORKS SUPPLY CO 06-05 06-05 046685 VO 161963 12/21/2005 -2.97 -145.73 204580 VC 12/29/2005 I~CR~ 06-05 06-05 046686 VO 161749 12/16/2005 -0.99 -48.58 WATER WORKS SUPPLY CO 204580 VC '12/29/2005 I~CR~ 06-05 06-05 046687 VO 160759 11/22/2005 -1,408.92 -69.037.19 WATER WORKS SUPPLY CO 204580 VC 12129/2005 I~CRm:, 06-05 06.05 046688 VO 160671 11/18/2005 -176.30 -8,636.54 WATER WORKS SUPPLY CO D~te;. w.t jay, January 04, 2006 East Vall-( .'ater District Page; (f 31 Time. 02'- ,j ~ Report' 01. {pt User: KATHY Check Re!lister. Standard Comp~ny; EVWD Periods: 06-05 Through 07-05 As of: 1/4/2006 Check Check Check V~ndor !O Period Ref Doc Invoice Invoice Discount Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204580 VC 12/29/2005 INL005 ._.O-K~ ~"PP"'CO 06-05 06-05046691 VO 160678 11/18/2005 -1510 -740.Q1 INLANDWATERW K ""u LY . 204580 VC 12129/2005 I~I:R~ WATER WORKS SUPPLY CO 06-05 08-05046692 VD 12116/2005 -7.33 -359.02 204580 VC 12/29/2005 I~I:R~WATERWDRKSSUPPLYCO 06-0506-05046701 VO 160575 11/17/2005 -99.56 4,878.51 204580 VC 12129/2005 I~I:R~WATERWORKSSUPPLYCO 06-0506-05046702 VO 161605 12114/2005 -2.48 -121.43 204580 VC 12129/2005 I~I:R~ WATER WORKS SUPPLY CO 06-05 06-05 046704 VO 161965 12121/2005 -1.75 -85.53 204580 VC 12129/2005 I~I:R~WATERWORKSSUPPLYCO 06-0508-05046709 VO 160766 11/2212005 -116.65 -5.715.87 Check Total 0.00 204581 CK 12129/2005 j8~~'/;bN MACHINERY CO 06-05 04658~ VO PC000760289 1211412005 0.00 92.27 204581 CK 12/29/2005 j8~~%bN MACHINERY CO 06-05 046590 VO PC000760714 12115/2005 0.00 16.70 204581 CK 12129/2005 j8~~%bN MACHINERY CO 06-05 046591 VO PC000758922 1219/2005 0.00 97.62 Check Total 206.59 204582 CK 12129/2005 j8~B'/fCLEANERS 06-05 046617 VO 158341 12120/2005 0.00 4.95 204582 CK 12129/2005 j8~B'/fCLEANERS 06-05 046618 VO 158366 12/21/2005 0.00 5.94 204582 , CK 12129/2005 j8~B'/fCLEANERS 06-05 046619 VO 158363 12/21/2005 0.00 4.95 204582 CK 12129/2005 J8Y002 S 06-05 046693 VO 158699 12127/2005 0.00 4.95 J YCE CLEANER Check Total 20.79 204583 CK 12129/2005 KAM006 08-05 046056 VO 0620042-10 11/3012005 0.00 251.65 KAMSON-ILAYINKA 204584 CK 12129/2005 KES001 . 06-05 046595 . VO 239455 111712005 0.00 14,767.00 SANDER A. KESSLER & ASSOCIATES 204585 CK 12129/2005 K8N005 08-05 046628 VO 204564864 12116/2005 0.00 637.00 K NICA MINOLTA BUSINESS 204586 CK 12129/2005 KRA006 06-05 046057 VO 1650049-02 11/30/2005 0.00 28.12 KRANENBURG-CHARLOTTE A 204587 CK 12129/2005 LAN021 06-05 045987 VO 1550790-04 11/28/2005 0.00 16.20 LANDA-NICACIO 204588 CK 12129/2005 I:ES002 06-05 046596 VO 413-86910 12119/2005 0.00 51.17 ESLIE'S SWIMMING POOL SUPPLlE 204589 CK 12129/2005 MAR087 06-05 045988 VO 1550557-01 11/28/2005 0.00 13.24 INIGES-MARtA T MARTIN Dale: { ,day, January 04,2006 East vail( later District Page: ( ,f 31 Time: 02: ......M Report: o "oJ.rpt User: KATHY Check Reqister - Standard Company: EVWD Periods: 06-05 Through 07-05 As of: 1/4/2006 Check Check Check Vendor ID Period Ref Doc liwolce lmiolee Dls:count Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204,90 CK 12/29/2005 1:1NPc1~ CORP na: n~ 045620 va 106807 12/15/2005 0.00 3,196.25 vv-v.... 204591 CK 12/29/2005 1:18<i?Jt6METER INC 08-05 046621 VO 292197 RI 12/19/2005 0.00 2,800.39 204592 CK 12/2lli2005 ~f~O~~KEE 06-05 046629 va MCK122205 12/22/2005 0.00 307.31 204593 CK 12/29/2005 ~~~~~ARTIN 08-05 045989 va 0720204-02 11/28/2005 0.00 59.41 204594 CK 12/29/2005 ~k~}ttv. MILLER 06-05 046689 va 0407-12 11/30/2005 0.00 2,807.50 204595 CK 12/29/2005 ~8t~\tEY-MELlNDA A 06-05 046058 va 0350130-01 11/30/2005 0.00 2.54 204596 CK 12/29/2005 ~8~~F?AMERICAN RESIDENTIAL 06-05 046200 va 1634168-00.1 12/112005 0.00 146.69 204596 CK 12/29/2005 ~8~~Ft3AMERICAN RESIDENTIAL 06-05 046201 va 1634162-00.1 12/1/2005 0.00 113.56 Check Total 260.25 204597 CK 12/29/2005 8~~P8~TEAM 08-05 046573 va 14754491 12/13/2005 0.00 871.60 204597 CK 12/29/2005 8~~P8ifrEAM 06-05 046574 va 14754492 12/13/2005 0.00 871.60 204597 CK 12/29/2005 8~~P8~TEAM 08-05 046713 va 14798718 12/1912005 0.00 1.054.80 204597 CK 12/29/2005 8~~P8~TEAM 06-05 046714 va 14810200 12/19/2005 0.00 522.96 204597 CK 12/29/2005 8~~P8~TEAM 08-05 046715 va 14810207 12/19/2005 0.00 871.60 204597 CK 12/29/2005 8~~P8~TEAM 06-05 046716 va 14817243 12/20/2005 0.00 348.64 Check Total 4,541.20 204598 ZC 12/29/2005 ~NgtI?CITA 08-05 08-05 045990 va 0841234-03 11/28/2005 0.00 70.50 204598 ZC 12/29/2005 ~~:mt I?CIT A 08-05 08-05 046615 AD 0841234-03 12/22/2005 0.00 -70.50 Check Total 0.00 204599 CK 12/29/2005 ~~~~?:~RENEE R 08-05 046106 VO 0730142-06 12/1/2005 0.00 41.93 204599 CK 12/29/2005 ~~~?:~RENEE R 08-05 046107 VO 0730141-07 12/112005 0.00 19.71 Check Total 61.64 204600 ZC 12/29/2005 ~k~?~(E-JaHN 06-05 06-05 046657 va 1630240-02.1 12/12/2005 0.00 53.96 204600 ZC 12/29/2005 ~k~?~(E-JaHN 08-05 06-05 046703 AD 1630240-02.1 12/12/2005 0.00 -53.96 Check Total 0.00 Dale: w( jay, January 04, 2006 East van!. . later District Page: ( ,131 Time: 02: -.... 1\11 Report: o ....v.rpt User: KATHY Check Reaister - Standard Company: EVWD Periods: 06-05 Through 07-05 As of: 1/4/2006 Check Check Check Vendor 10 Period Ref Doc invoice invoice DisCOunt Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204601 CK 12/29/2005 ~If~~\ BOWES 06-05 046572 ,,^ 635072 12/15/2005 0.00 256.17 vv 204602 CK 12/29/2005 b8WBQ~OWERHOUSE DEV 06-05 046108 VO 1010134-01 12/1/2005 0.00 28.80 204602 CK 12/29/2005 g8WBQ~OWERHOUSE DEV 06-05 046206 va 1010134-01.1 12/1/2005 0.00 51.26 Check Total 80.06 204603 CK 12/29/2005 ~tv1gfy BACKFOW & PLUMBING 06-05 046641 va 35471 1217/2005 0.00 3,368.00 204604 CK 12/29/2005 ~tv1~1P-CARLlNDA 06-05 046109 va 1010221-06 12/1/2005 0.00 56.38 204605 CK 12/29/2005 ~tv1g~1y 06-05 046700 va 1192-041-47 12/28/2005 0.00 174.71 INVESTMENT GROUP 204606 CK 12/29/2005 ~8~~W rf6-05 046630 va 17728 10/31/2005 0.00 13,362.00 SANDERSON MALODY & SCO 204607 CK 12/29/2005 ~88B~\ PAVING 06-05 046631 va 1204-05 1217/2005 0.00 4.585.21 204608 CK 12/29/2005 ~A~~~ 06-05 046622 va 05-1648 11/9/2005 0.00 325.13 A - - La - 204608 CK 12/29/2005 ~A~~~ 06-05 046623 AD 05-1648 11/9/2005 0.00 -2.46 A - - La Check Total 322.67 204609 CK 12/29/2005 ~~~'l\'6NO PUBLIC EMPLOYEES ASSN 06-05 046660 va SAN122305 12/28/2005 0.00 258.00 204610 CK 12/29/2005 ~~~~lji'NT -WENDY N 06-05 046110 va 0810167-06 12/1/2005 0.00 56.46 204611 CK 12/29/2005 ~~8001 06-05 046717 VO 4250623 1205 12/14/2005 0.00 93.58 204611 CK 12/29/2005 ~~8001 06-05 046718 va 42521421205 12/14/2005 0.00 32.28 Check Total 125.86 204612 CK 12/29/2005 ~8ce?i[GAS COMPANY 06-05 046575 VO 12502172005 12/19/2005 0.00 31.12 204612 CK 12/29/2005 ~8ce?02 S CO Y 06-05 046576 va 12292172009 12/19/2005 0.00 221.86 AL GA MPAN Check Total 252.98 204613 CK 12/29/2005 ~8C003 06-05 046640 VO 39140 12/6/2005 0.00 6,049.15 CAL PUMP & WELL SERVICE 204614 CK 12/29/2005 ~tA~~3 06-05 046661 VO ST A 122305 12/28/2005 0.00 24,372.75 A OF CALIFORNIA Date: w( jay, January 04, 2006 East Valle( 'ater District Page: of f 31 Time: 02. A Report: ,pI User: KATHY Check ReQister - Standard Company: EVWD Periods: 06-05 Throu9h 07-05 As of: 1/412006 Check Check Check Vendor ID Period Ref Doc Invoice Invoice Discount Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204615 CK 12/29/2005 ~f~~~ARD REGISTER 06-05 046577 VO F11280007 11/28/2005 0.00 1,968.72 204616 CK 12/29/2005 ~f~~4STREET BANK & TRUST 06-05 046662 va STA122305 12/28/2005 0.00 7,480.42 204617 CK 12/29/2005 ~~~%N-MARCEY L 06-05 046556 va 0340135-02.1 12/1/2005 0.00 36.07 204618 CK 12/29/2005 ilJe~tfERNDAHL ENT 06-05 046209 va 0321270-00.1 12/2/2005 0.00 1,688.17 204619 CK 12/29/2005 f8R;1<]g6DSON & ASSOCIATES 06-05 046632 va EV 074 7 12/14/2005 0.00 300.00 204620 CK 12/29/2005 ~~I~~ PARCEL SERVICE 06.05 046613 va 000016XW88515 12/17/2005 0.00 23.40 204620 CK 12/29/2005 ~~I~~ PARCEL SERVICE 06-05 046719 va 000016XW88525 12/24/2005 0.00 16.00 Check Total 39.40 204621 CK 12/29/2005 ~~I~eADO-GEORGE 06-05 046111 va 0420214-01 12/1/2005 0.00 40.69 204622 CK 12/29/2005 ~~~P.P~N 06-05 046663 va 8886805 1205 12/13/2005 0.00 345.46 204623 CK 12/29/2005 lffif-.qJ~RNE'S PLUMBING 06-05 046112 va 0321271-00 12/1/2005 0.00 1,723.31 204624 CK 12/29~005 ~~R~~ANAS 06-05 046113 va 0841302-02 12/2/2005 0.00 50.40 204625 ZC 12/29/2005 ~~~%l&MBERSHIP 06-05 06-05 048421 va WEF121405 12/14/2005 0.00 3,000.00 204625 ZC 12/29/2005 ~~~%l&MBERSHIP 06-05 06-05 046597 AD WEF121405 12/14/2005 0.00 -3,000.00 Check Tolal 0.00 204626 CK 12/29/2005 ~It~&r. JR.-AARON H. 06-05 044496 va 820114-3 9/9/2005 0.00 41.76 204627 CK 12/29/2005 ~ltO~t 06-05 046212 va 0330024-01.1 11/30/2005 0.00 8.84 L DE-AMIE 204628 CK 1/3/2006 ~8~e~lJJO-ERvIN L 07-05 046268 va 1020024-01 1217/2005 0.00 214.55 204629 CK 1/3/2006 ~B~R~hD TELEMETRY SYS INTL 07-05 046736 va 13315 12/2/2006 0.00 2.666.75 Date: w( jay, January 04, 2006 East vanl Jater District Page: ( f 31 Time: 02: .... ,\11 Report: o .__rpl User: KATHY Check ReQister - Standard Company: EVWD Periods: 06-05 Through 07-05 As of: 1/4/2006 Check Check Check Vendor 10 Period Ref ft__ InvclcG Invoice D!scount Amount vu. Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204630 CK 1/3/2006 ~t~~~OER-WAYNEA 07-05 04~269 VO 0361016-01 121712005 0.00 131.74 204631 CK 1/3/2006 ~~~&%-Blll 07-05 046529 VO 1560732-14.01 12/9/2005 0.00 39.54 204632 CK 1/3/2006 ~~~~~-OEBRA 07..()5 046531 VO 0080013-05.1 12/8/2005 0.00 30.18 204633 CK 1/3/2006 ~8~~1/:I OF WATER COMMISSIONERS 07-05 046766 VO BOA 12/05 1/3/2006 0.00 8,216.00 204634 CK 1/3/2006 8~~R~SAG-CHRISTINE 07-05 046270 VO 1400030..()! 1217/2005 0.00 7.05 204635 CK 1/3/2006 X~k'IY10/CALDWEll & MORELAND INS 07-05 046765 VO Y. MATSUMOTO 1/3/2006 0.00 195.00 204636 CK 1/3/2006 88~9~boRPORATEO 07-05 046737 VO 8365581 12/19/2006 0.00 190.10 204637 CK 1/3/2006 B~le~1JOURNAL CORPORATION 07-05 046738 VO B904640 12/21/2006 0.00 55.76 204637 CK 1/3/2006 B~le~1JOURNAl CORPORATION 07-05 046739 VO B891676 12/26/2006 0.00 1.097.65 Check Total 1,153.41 204638 CK 1/3/2006 Bl~&7J-DELLA M 07-05 046271 VO 0360082-04 1217/2005 0.00 53.93 204639 CK 1/3/2006 ~~~eQ~ AJUAN N 07-05 046272 VO 0912106-02 121712005 0.00 12.52 204640 CK 1/3/2006 C~WANY-EASTSIDE FUR 07-05 046273 VO 0920061 -DO 1217/2005 0.00 63.52 204641 CK 1/3/2006 ~~B~9<4FREIGHT WEST. INC. 07-05 046740 VO 729768038 11/1912005 0.00 67.92 204642 CK 1/3/2006 ~8~!!SANA 07-05 046741 VO FOX0106 1/312006 0.00 241.94 204642 CK 1/3/2006 m~!!9ANA 07-05 046742 AD FOX0106.1 1/3/2006 0.00 -27.49 Check Total 214.45 204643 CK 1/3/2006 a~~B?~E PARTS COMPANY 07-05 046730 VO 905907 12/29/2006 1.80 88.03 204643 CK 1/3/2006 a~~BWjE PARTS COMPANY 07-05 046731 VO 905921 12/29/2006 0.35 17.36 Check Total 105.39 W{ Jay, January 04, 2006 East valle{ " Date: later District Page: ! r 31 Time: 02: IJIIv1 Report: o _ ,,(pt User: KATHY Check Reqister - Standard Company: EVWD Periods: OS.Q5 Through 07-05 As of: 1/4/200S Chl;!ck Check Check Vendor 10 Period Ref Doc Invoice !n\'o!ce Discount Amount Nbr Type Date Vendor Name To Post Closed Nbr type Number Date Taken Paid 204644 CK 1/3/2006 ~11:81-YR'ST -CHERYL 07 nf: nJl~,,-:!.6 VO 1650028--02.1 1216/2005 0.00 53.15 ""-v'" .......vv"'... 204645 CK 1/3/2006 ~8Iee~N-ELIZABETH S 07-05 046274 va 1040198-03 1217/2005 0.00 3.73 204646 CK 1/3/2006 ~18?g6 COMPUTER BASED TRAINING 07-05 046732 va 20529 12/19/2006 0.00 98.00 204647 CK 1/3/2006 ~~~VJ'~-BRUCE 07-05 046540 va 0660095-03.1 1217/2005 0.00 148.74 204648 CK 1/3/2006 ~IB2~r,O-FABIOLA 07-05 046541 va 1120080-4.1 12/8/2005 0.00 56.64 204649 CK 1/3/2006 ~~~~1SPANO INVESTORS 07-05 046275 VO 0321279-D0 1217/2005 0.00 1.752.95 204650 CK 1/3/2006 ~m~~y HORNSBY 07-05 046276 va 0010062-10 1217/2005 0.00 65.16 204651 CK 1/3/2006 ~8WIll3JEFF 07..()5 046277 VO 0910771-04 1217/2005 0.00 15.39 204651 CK 1/3/2006 ~8WIll3JEFF 07-05 046655 va 10771-04.1 12/6/2005 0.00 74.70 Check Total 90.09 204652 CK 1/3/2006 19;~?l 07-05 046743 va STEVE SANTINI 1/3/2006 0.00 25.00 204652 CK 1/3/2006 19;~?l 07-05 046744 va RON BUCHWALD 1/3/2006 0.00 25.00 204652 CK 1/3/2006 1x:~0~. 07-05 046745 va IGNATZ SEIFERT 1/3/2006 0.00 25.00 204652 CK 1/3/2006 19;~Ol 07-05 046746 va MIKE HENDERSON 1/312006 0.00 25.00 204652 CK 1/312006 1x:~0~. 07-05 046747 va ELlSEO OCHOA 1/3/2006 0.00 25.00 204652 CK 1/3/2006 1x:~Ol 07-05 046748 va ROBERT MARTIN 1/3/2006 0.00 25.00 Check Total 150.00 204653 CK 1/3/2006 ~~~-INLAND EMPIRE PROPERTY 07-05 046278 va 0191255-09 1217/2005 0.00 32.30 204654 CK 1/3/2006 I~WIW2JANETTE 07-05 046279 va 0841125-04 121712005 0.00 16.4B 204655 CK 1/3/2006 ~1~g%kZ-DIANA E 07-05 046280 va 1040047-02 121712005 0.00 53.66 204656 CK 1/3/2006 :i8~~'!i'oN MACHINERY CO 07-05 046733 va PCOOO762526 12/21/2006 0.00 557.37 Dale: w( Jay, January 04. 2006 East valli later District Page: ( f 31 Time: 02: .,\11 User: KATHY Check Re!lister - Standard Report: o ,,'pt Company: EVWD Periods: 06-05 Through 07-05 As of: 1/412006 Check Check Check Vendor 10 Period Ref nu Invoice Invoice Discount Amount uuu Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204656 CK 1/3/2006 ~8~~ifbN MACHINERY CO 07-05 045734 VO PCOOO762526 12121/2006 0.00 59.74 Check Total 617.11 204657 CK 1/3/2006 ~8Bg?~ HOMES INC 07-05 046281 VD 0541497-01 12/7/2005 0.00 50.84 204658 CK 1/3/2006 ~8~R't1K-JDNIE B 07-05 046282 VD 0361019-01 12/7/2005 0.00 172.42 204659 CK 1/3/2006 t81:R'!.<tJSCAR 07-05 046283 VD 0841308-02 12/7/2005 0.00 45.40 204660 CK 1/3/2006 1:1~W~~WS-DARRYL F 07-05 046546 VD 0530253-03.1 12/7/2005 0.00 118.06 204661 CK 1/3/2006 ~8~W-BEVERL Y MC 07-05 046284 VO 0510188-06 12/7/2005 0.00 11.25 204661 CK 11312006 r18~W-BEVERL Y MC 07-05 046656 VO 0510188-08.1 12/15/2005 0.00 33.53 Check Total 44.78 204662 CK 1/3/2006 1:1H~~DLlTAN LIFE INS CD 07-05 046755 VO MET0106 1/312006 0.00 463.67 204662 ' CK 1/3/2006 1:1H~I(j'PDLlTAN LIFE INS CD 07-05 046756 AD MET0106.CR 1/3/2006 0.00 -54.95 Check T olal 408.72 204663 CI( 1/3/2006 1:111:BWEDZKI-JACEK 07-05 046757 va MIL 123105 1/3/2006 0.00 4,320.00 204664 CK 1/3/2006 1:1lml/?-DAVID & ELISA 07-05 046548 va 1330046-04.1 12/812005 0.00 51.22 204665 CK 1/3/2006 ~8~~83AMERICAN RESIDENTIAL 07-05 046285 va 1634171-00 12/7/2005 0.00 25.87 204665 CI( 1/3/2006 ~8~~~?AMERICAN RESIDENTIAL 07-05 046286 va 1634163-00 12/7/2005 0.00 8.55 204665 CK 1/3/2006 ~8~~~AMERICAN RESIDENTIAL 07-05 046287 va 1053300.00 12/7/2005 0.00 10.27 204665 CK 1/3/2006 ~8~~Ft3 AMERICAN RESIDENTIAL 07-05 048475 va 1053302.00 12/16/2005 0.00 10.06 204665 CK 1/3/2006 ~8~iftil AMERICAN RESIDENTIAL 07-05 048476 va 1053303-00 12/612005 0.00 20.16 204665 CK 1/3/2006 ~8~~Ft3AMERICAN RESIDENTIAL 07-05 046477 va 1053305-00 12/16/2005 0,00 12.08 204665 CK 1/3/2006 ~8~Th3 AMERICAN RESIDENTIAL 07-05 046549 VO 1634163-00.1 12/7/2005 0.00 54.67 204665 CI( 1/3/2006 ~8~~Ft3AMERICAN RESIDENTIAL 07-05 046550 VO 1634171-00.1 12/7/2005 0.00 40.00 204665 CK 1/3/2006 ~8~iftil AMERICAN RESIDENTIAL 07-05 046551 va 1053300-00.1 12/7/2005 0.00 40.00 Check Total 221.66 ~' day, January 04. 2006 '/ /' Dale: East Van!. .tater District Page: 1 )1 31 Time: 02. '.. M Report: o \:.>......J.rpt User: KATHY Check ReQister. Standard Company: EVWD Periods: 06-05 Through 07-05 As of: 1/4/2006 Check Check Check Vendor 10 Period Ref Doc Invoice In....olc~ Discount Amo!..!nt - Nbr Type Date Vendor Name To Post Closed Nbr, Type Number Date Taken Paid 204666 CK ij:Jj2006 8Uer~KENNETH f\7 n~ 046749 VO OL!0106 1/3/2006 0.00 400.00 '"-V.... 204666 CK 1/3/2006 81:1~~1..KENNETH 07-05 046751 AD Oll0106.1 1/3/2006 0.00 -105.08 Check Total 294.92 204667 CK 1/3/2006 ~~BlL'lJ..-RODOLFO 07-05 046288 VO 0930012-02 1217/2005 0.00 148.86 204668 CK 1/3/2006 ~~m~SON-ROY 07-05 046752 VO PAT0106 1/3/2006 0.00 350.00 204669 CK 1/3/2006 ~~?g. 07-05 046753 VO PER0106 113/2006 0.00 35,349.n 204670 CK 1/3/2006 ~~8gnx HOME LIFE 07-05 046754 VO PH00106 1/3/2006 0.00 213.04 204671 CK 1/312006 ~N&1a-JOSE 07-05 046289 VO 0940106-02 1217/2005 0.00 34.51 204672 CK 1/3/2006 ~~N'W~RNARDINO-CITY OF 07-05 046219 VO SAN1105 1217/2005 0.00 443,028.79 204673 CK 1/3/2006 ~~Nq~1r-TECH SYSTEMS, L.L.C. 07-05 046758 VO 3735 12/10/2006 0.00 2.270.00 204674 CK 1/3/2006 ~~~g~l,ON-RON 07-05 046759 VO SEV0106 1/3/2006 0.00 248.38 204674 CK 1/3/2006 ~~~g~l,ON-RON 07-05 046760 AD SEV0106 1/3/2006 0.00 -57.46 204674 CK 1/3/2006 ~~~g?{SON-RON 07-05 046761 AD SEV0106 1/3/2006 0.00 -110.65 Check Total 80.27 204675 CK 1/3/2006 ~~~~kh-L1SA 07-05 046553 VO 1410108-02.1 12/6/2005 0.00 58.22 204676 , CK 1/3/2006 8NI~J,il BANK OF CALIFORNIA 07-05 046762 VO UN/0106 1/3/2006 0.00 86.625.92 204676 CK 1/3/2006 8NI~J,il BANK OF CALIFORNIA 07-05 046763 VO UN10106.1 1/3/2006 0.00 73,291.60 Check Total 159,917.52 204677 204688 Missing 204689 CK 1/3/2006 ~~lqg'8EAD-ROGER 07-05 046764 VO WHI0106 1/3/2006 0.00 311.95 204690 CK 1/3/2006 Wll:g\?"RYAN 07-05 046292 VO 1542794-02 1217/2005 0.00 6.15 204691 CK 1/3/2006 WJf1ffi' 07-05 046735 VO 9721 12/1/2006 0.00 1,665.00 W.. CKEEVER Date: w(" jay. January 04,2006 East vallL, Jater District Page: ( f 31 Time: 02. ...... 11/1 Report: O~",u.rpt User: I<ATHY Check ReQister - Standard Company: EVWD Periods: 06-O~ Through 07-05 As of; 1/4/2006 Check Check Check Vendor 10 Period Ref Doc invoice invoice Discouni Amount Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid 204692 CK 1/3/2006 W~I~1.h - TONJA 07-05 046293 va 1610028-04 1217/2005 0.00 18.75 204693 CI< 1/3/2006 ~m~~JOSE D 07-05 046291 VO 0040068-01 1217/2005 0.00 49.15 204694 CK 1/4/2006 ~~~qrgRNARDINO COUNTY RECORDE 07-05 046777 VO SAN122905 12/29/2005 0.00 12.00 204694 CI( 1/4/2006 ~~~qrgRNARDINO COUNTY RECORDE 07-05 046778 VO SAN121605 12/16/2005 0.00 264.00 Check Total 276.00 Check Count: 333 Acct Sub Total: 1,356,051.66 Check Type Count Amount Paid Regular 327 1,513,657.73 Hand 0 0.00 Void 2 -157.606.07 Slub 0 0.00 Zero 4 0.00 Mask 0 0.00 Total: 333 1,356,051.66 Company Disc Total 174.69 Company Total 1,356,051.66 . WATER SERVICES AGREEMENT "-' THIS WATER SERVICES AGREEMENT ("Agreement"), entered into as of the latest of the dates shown opposite the signatures of the Parties to this Agreement, is made by and between BASIN WATER, INC., a Califomia corporation ("Basin Water"), and EAST VALLEY WATER DISTRICT, a public entity ("EVWD") (Basin Water and EVWD are sometimes hereinafter refened to collectively as the "Parties" and individually as a "Party"). RECITALS A. EVWD owns a well, commonly identified as Well 40 (the "Well"), that currently produces groundwater containing levels of uranium ("the Contaminant") that are in excess of presently acceptable standards for drinking water. The Well is more particularly described in Exhibit "A " attached hereto and incorporated herein by this reference. B. Basin Water and EVWD have entered into an Agreementfar Purchase and Sale afWater Treatment Unit concunently herewith for tile development of Facilities (as defined in Exhibit "B" which is attached hereto and incorporated herein by this reference) for the treatment of groundwater containing the Contaminant, so as to enable EVWD to supply potable water from the Well that meets the desired drinl<ing water standards for said pollutants. C. EVWD possesses the requisite skill,e'xpertise, and qualifications to operate the Facilities "-" consistent with prudent water utility standards, practices, and procedUres, and all applicable regulatOlY requirements. . . . D. The purpose of this Agreement is to set fOlih the terms and conditions under which Basin Water agrees to assist EVWD in the treatment of water produced from the Well and disposal of waste derived therefrom and the payment of services therefor by EVWD. NOW, THEREFORE, in consideration of the mutual covenants contained in tins Agreement, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereto agree as follows: OPERATIVE PROVISIONS 1. Treatment Facilities. 1.1 The Well. Subject to the terms and conditions contained herein, the Parties agree that Basin Water shall charge EVWD such Service Fees in connection with the operation of the Facilities as set forth in Section 8 below. EVWD shall assume sole responsibility for ownership and operation of the Facilities and shall supply appropriately qualified and certified personnel to perform said activities in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. ~ 1 1.2 Other Wells. IfEVWD owns other wells that produce water containing levels '-" - of the' Contaminant, or other pollutants, in excess of the maximum contaminant level(s) mandated by the State of California Department of Health Services ("DHS"), or at levels that EVWD intends to reduce to more desirable levels, and EVWD wishes to connect to other Basin Water facilities for treatment, then EVWD shall send written notice (the "Supplemental Treatment Request") to Basin Water requesting Basin Water to develop hardware to treat the water produced by such other wells. The Supplemental Treatment Request shall include all engineering and water quality information that EVWD has in its custody, control, or possession to permit Basin Water to evaluate EVWD's request. Within thirty (30) days of Basin Water's receipt of the Supplemental Treatment Request, Basin Water shall notify EVWD whether it agrees to develop such hardware to treat the water produced by the other wells, and if so, the terms and conditions on which Basin Water is willing to do so. If Basin Water fails to respond to EVWD within such thirty (30) day period, then Basin Water shall be deemed to have denied EVWD's request. If Basin Water notifies EVWD that it agrees to develop the hardware necessary to treat the water produced by the other wells, and the terms and conditions proposed by Basin Water are acceptable to EVWD, then the Parties shall execute a supplement to this Agreement or a new agreement, so stating and specifying the additional wells to be treated and any other modifications to this Agreement required as a result thereof. 2. Term. 2.1 Dm'ation of Agreement. Unless this Agreement is earlier terminated pursuant to Section 17 below, the term of this Agreement shall commence on the Effective Date (as defined in Section ~ below), and shall continue for a period ofTen (10) years thereafter (the "Term"). . ~ 2.2 Term Year. As used herein, a "Term Year" is a period of twelve (12) full . . calendar months commencing on the first day of January and ending of the last day of December, except that if the Term commences on a date other than January 1 or ends on a date other than December 31, the period from the first day ofthe Term to the following December 31, and the period begilming on January 1 following a preceding Term Year and ending on the termination or expiration date, shall also be Term Years. If any Tenn Year shall be less than twelve (12) months, the Minimtun Treatment Fee (as defined in Section 8.2.2 below) shall be proportionately adjusted. 3. Effective Date. As used in this Agreement, the term "Effective Date" shall mean the last date upon which a Party hereto has executed this Agreement. 4. Design and Installation of Facilities. 4.1 Basin Water Obligations. In accordance with generally accepted engineering standards, Basin Water shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Basin Water may store equipment or materials 'on EVWD's property during the Term, provided that such storage does not otherwise interfere with EVWD's operations on such property. "'-' 2 4.2 EVWD's Obligations. EVWD shall provide Basin Water with: (a) all design ~ and construction infOlmation concerning the Well or otherwise in EVWD' s possession, custody, or control necessary for Basin Water to design the connection of the Facilities to the Well and from the Facilities to EVWD' s water distribution system; (b) EVWD shall bear the capital costs to install all electrical equipment required to operate the Facilities; (c) a license to enter the EVWD's property for the purposes more particularly described in Section 19 hereof; (d) all electrical power required by Basin Water to install the Facilities; (e) the physical property on which the Facilities will be installed; (f) appropriately qualified and certified persOlmel to become trained in the operations of the Facilities, to become familiar with operating policies and procedures of the Facilities as proscribed by the Pennits (as defined in Section 14 below) and the Operations and Maintenance ("O&M") Manual developed by Basin Water, and to participate in all training prior to operations; and (g) a written Notice of Acceptance of the Facilities prior to operations. Basin Water shall be entitled to rely on all information and data provided by EVWD in clause (a) of this Section 4.2 without independent verification and/or exposure to liability therefor, and such infOlmation and data so provided by EVWD shall be deemed to be complete and accurate in all material respects for Basin Water's purposes. EVWD shall particularly advise Basin Water of all elements of influent water necessary for the design, construction, and installation ofthe Facilities. 4.3 Verification Rights. Each Party shall have the right to verify, at its own expense, the amount and quality of the water entering and exiting the Facilities and to conduct independent testing thereof. Basin Water shall monitor operating performance of the Facilities and provide comments to EVWD and others as appropriate. . . \-, 5. Water Quality. After Basin Water's installation ofth~ J;"acilities, and subject to all of the terms 'and conditions of this Agreement, the Facilities shall reduce the level ofthe Contarr,inant in the water produced by the Well that is connected to the Facilities.to the levels listed in Exhibit "e" attached hereto and incorporated herein by this reference ("Quality Standard"). EVWD shall provide Basin Water with annual reports describing influent water quality. EVWD shall bear the cost of complying with changes in water quality standards that require reduction of the Contaminant to levels less than the Quality Standard and for pollutant levels of influent water upon which the design and construction on which the Facilities were based. 6. Payments. EVWD acknowledges and agrees that: (a) EVWD shall be liable for payments to Basin Water of the fees and charges set forth in this Agreement (including but not limited to those Service Fees set forth in Section 8 below) for water processed through the Facilities that meets the Quality Standard for the Contaminant even if such water does not meet water quality standards for other pollutants, regardless of whether the water is actually taken or put to beneficial use; and (b) clause (a) of this Section 6 notwithstanding. 7. Measurement. Once water treated pursuant to this Agreement meets the Quality Standard, the amount thereof shall be properly measured each month by Basin Water and EVWD at the point where such water reenters the EVWD's water distribution system from the Facilities. The Parties shall be bound by the measurements at such point. At least annually, EVWD, at its expense, shall test the meter or conduct an equivalent evaluation to verify that such equipment is properly ~ ~ .:> measuring water pumped back into EVWD's water distribution system. These test results shall be ~ made promptly available to Basin Water. EVWD, at its expense, shall make or cause to be made any repairs to ensure such equipment is measuring properly and shall supply such infOlmation to Basin Water, including appropriate certification by equipment testing professionals. 8. Service Fees. Beginning on the date that all required Pennits (as defined in Section 14 below) have been obtained, EVWD shall be obligated to mal<e the following payments to Basin Water: 8.1 Per-Acre Foot Service Fee. For each acre-foot of water treated by the Facilities that meets the Quality Standard, as reflected by the records of the measurements made as provided in Section 7 above, EVWD shall pay to Basin Water a service fee (the "Per Acre Foot Service Fee") equal to One Hundred Twenty Five Dollars ($125) per acre foot. 8.2 Adjustment for Non-Specification Influent Water. The Per Acre Foot Treatment Fee, the Minimum Treatment Fee, and the Additional Treatment Fee are based upon EVWD's representations to Basin Water that the level of the Contaminant in the water produced by the Well as of the Effective Date is as set forth in the document attached hereto as Exhibit "e" and incorporated herein by this reference. If after the Effective Date, it is detelmined that the level of the Contaminant in the water produced by the Well is greater than the levels represented by EVWD, the Per Acre Foot Treatment Fee, the. Minimum Treatment Fee, and the Additional Treatment Fee may ~ be adjusted by Basin Water. . . 8.3 Adjustment for Changes in Ouaiitv Standard. The Per Acre Foot Treatment Fee, is based upon the Quality Standard existing as of the Effective Date. If the Quality . Standard is changed during the Term, the Per Acre Foot Treatment Fee may be adjusted by Basin Water. 8.4 Adiustment for Changes in Disposal Standards and Transportation Cost~ The Per Acre Foot Treatment Fee is based on the Disposal Standards and Transportation Costs existing as of the Effective Date. If the Disposal Standard or Transportation Cost changes during the Term, the Per Acre Foot treatment fee may be adjusted by Basin Water. 8.4 Adiustment for CPr. The Per Acre Foot Treatment Fee, the Minimum Treatment Fee, and the Additional Treatment Fee shall be adjusted by Basin Water in its invoices to EVWD commencing on January 1, 2007, and on each January 1 thereafter, by the percentage increase, if any, reflected in the Cost of Living Index measured by the United States Department of Labor revised Consumer Price Index for All Urban Consumers for the Los Angeles / Long Beach / Riverside area ("CPI") for the preceding twelve (12) months as published by the Bureau of Labor Statistics. 9. Unconditional Obligation. EVWD's obligation to pay all amounts due under this ~ 4 Agreement shall be an absolute and unconditional obligation of EVWD, payable as an operating ~ expense ofEVWD, not subject to deduction, set off, prior notice, demand, changes or fluctuations in demand or price of other sources of water, or inability of EVWD to accept delivery of water, or to use, store, or resell water after delivery fi:om the Facilities. 10. Invoices. After the Facilities are operational and have received all Pelmits (as defined in Section 14 below), Basin Water shall invoice EVWD within ten (10) days of the last day of the mon1h, beginning with the month in which all applicable Permits have been issued. Such invoice shall recite the amount of water treated during that month, measured in accordance with Section 7 above, multiplied by the Per Acre Foot Treatment Fee and the Additional Treatment Fee, as applicable. Provided that EVWD receives such invoice from Basin Water no later than the fifth day of each month, then within thirty (30) days following EVWD' s receipt of such invoice from Basin Water, EVWD shall, without deduction or offset, make payment to Basin Water for all amounts then due by directing such payment to the address at which notices are to be delivered pursuant to Section 22.5 of this Agreement. The invoice shall be substantially in the form of Exhibit "D" attached hereto and incorporated herein by this reference. EVWD and Basin Water shall work cooperatively to effect electronic meter reading, billing, and payments to maximize efficiency. 11. Delinquent Payments. Any payment due from EVWD to Basin Water under this Agreement that is not received within thirty (30) days after the date of the invoice therefor shall bear interest at the lesser of twelve percent (12%) per annum or at the maximum rate permitted by law, from the date due until payment is received by Basin Water. IfEVWD fails to pay Basin Water for water treated in accordance with this Agreement within one hundred twenty (120) days after receipt '-' ofarlY invoice therefor, then, in addition to any other rights that Basin Water may have at law or in equity, Basin Water shall be .entitled to terminate this Agreement, shut down orremove all Facilities, and receive a lump sum payment from EVWD of the entire amount of money that would otherwise be owed to Basin Water had the Agreement been completed through the Term; provided, however, that if a bona fide dispute exists between EVWD and Basin Water, then Basin Water may not be entitled to telminate this Agreement so long as: (a) EVWD has paid the undisputed portion of any amount due, together with any interest thereon in accordance with this Section; and (b) the Parties are negotiating in good faith toward the resolution of the dispute; provided further, however, that if such resolution does not occur within ninety (90) days ofthe occurrence ofthe dispute, Basin Water shall have all rights and remedies available to it under this Agreement, by law or equity. 12. Operation. Maintenance, and Repairs. 12.1 Operation. EVWD shall be solely responsible for operating the Facilities as required by law and in accordance with the Permits (as defined in Section 14 below). The ongoing electrical usage costs, including any electrical costs related to the pumps or booster stations, shall be borne by the EVWD. Basin Water, as part of the Per Acre Foot Treatment Fee, shall be responsible for a1l other operating costs of the Facilities, including, without limitation, salt to produce water from the Wells and disposal ofEVWD's waste as set forth in Section 12.4 below, but excluding any costs or expenses relating to EVWD's operating or managerial personnel or related overhead. '-' 5 12.2 Maintenance and Repairs. Subject to the terms and conditions of this ~ Agreement, Basin Water shall be responsible for all routine maintenance and all ordinary repairs necessary to maintain the Facilities in good condition in accordance with the O&M Manual. . 12.3 Third-Partv Contacts. Basin Water, at its option, may contract with third parties, including without limitation EVWD, to perform routine operational activities and routine maintenance of the Facilities under Basin Water's direct supervision. If Basin Water enters into such a contract with EVWD, then, as a condition thereto and in recognition of the proprietary nature of the Facilities, EVWD agrees to execute Basin Water's standard confidentiality and non-disclosure agreement. EVWD shall allow third parties access to the Facilities only after (a) adequate advance notice thereof to Basin Water in accordance with Section 22.5 below, and (b) Basin Water's issuance of written consent thereto, unless such access to the Facilities is required by applicable California or federal law notwithstanding the granting of any such consent by Basin Water. 13. Securi~. 13.1 Facilities. EVWD, at its expense, shall have the sole responsibility for providing security for the Facilities. The level of security shall be determined at the reasonable discretion of the EVWD in accordance with EVWD practices and procedures. 13.2 Insurance. 13.2.1 Coverage by Basin Water. With respect to its activities under .this ~ Agreement, Basin Water shall maintain or cause to be maintained, and shall provide or cause to be . . provided, evidence of general liability, workers' compensation, and automobile insurance coverage in such amounts and on such terms and conditions as are more particula:dy set forth in Exhibit "E" attached hereto and incorporated herein by this reference. 13.2.2 Coverage bv District. With respect to its activities under this Agreement, Basin Water shall maintain or cause to be maintained, and shall provide or cause to be provided, evidence of general liability, workers' compensation, and automobile insurance coverage in such amounts and on such terms and conditions as are more particularly set forth in Exhibit "E" attached hereto and incorporated herein by this reference. 14. Permits and Authorizations. As soon as practicable following the execution of this Agreement by each of the Parties hereto, Basin Water and EVWD shall cooperate in obtaining all permits, consents, entitlements, and approvals required as of the Effective Date (collectively the "Permits"), including without limitation any and all environmental Permits, necessary to enable Basin Water to install the Facilities and EVWD to initiate the treatment of water produced from the Well to meet the Quality Standard pursuant to this Agreement. Accordingly, Basin Water and EVWD agree: (a) to jointly pursue and support each other in obtaining the Permits necessary to initiate timely installation and operation of the Facilities; (b) to make timely submission for such Permits; and (c) to cooperate with each other in implementing terms of this Agreement and achieving its objectives. All costs and expenses of the activities required under this Section 14 shall be the responsibility of EVWD . Any pennit necessary to operate the Facilities shall be drawn in the name \-' 6 of EVWD. "-' 15. Water Rights Not Affected. The treatment of water pursuant to this Agreement shall not confer any appropriative, public trust, or other right to water of any nature on any person or entity. Nothing in this Agreement shall act as a forfeiture, diminution, or impairment of any rights EVWD may enjoy to full use of the water from the Wells from and after the execution and subsequent expiration of this Agreement, or shall in any way prejudice any ofEVWD's rights, title, or interest thereto. The Parties hereto agree that neither water treated under this Agreement nor the Agreement itself is evidence of lack of beneficial use of the water involved in the treatment hereunder. 16. Time for Performance. Subject to Sections 17 and 22.18 below, each of the Parties hereto shall perfonu their respective obligations under this Agreement in a prompt, timely, and profilssional malmer and in accordance with the Performance Schedule attached hereto as Exhibit "P" and incorporated herein by tillS reference. 17. Early Termination. 17.1 EVWD's Termination Options. 17.1.1 Failure to Obtain Permits. lffor any reason other than a delay caused by EVWD or by a Force Majeure Event (as defined in Section 22.18 below), all requisite Pelmits have not been secured and Basin Water has not been able to install the Facilities to treat the water so that it meets the Quality Standard within sixty (60) days after the. last day of the PelfOlmance \.J Schedule (the "Performance Deadline"); then EVWD, at its option, upon written notice to Basin Waterin the manner set 'forth in Section 22.5 below, may terminate this Agreement, and EVWD and Basin Water shall each be responsible oniy for their own respective expenditures and out-of-pocket costs incurred in connection with this Agreement. 17.1.2 Change in Oualitv Standard. If after the Effective Date and before the issuance of the Permits, the Quality Standard is increased for any reason not caused by EVWD, and EVWD does not wish to pay Basin Water the increased treatment fees, if any, charged by Basin Water pursuant to Section 8.2 hereof, then EVWD, at its option, upon written notice to Basin Water in the manner set forth in Section 22.5 below, may terminate this Agreement, and EVWD and Basin Water shall each have no further responsibilities to the other Party under this Agreement and each shall bear its own expenditures and out-of-pocket costs incurred in connection therewith. 17.2 Basin Water's Termination Options. In addition to the rights and remedies set fOlih in Section 11 of this Agreement, Basin Water shall be entitled to exercise all of the following: 17.2.1 Failure to Obtain Permits. If for any reason other than a Force Maj eure Event (as defined in Section 22.18 below), all requisite Permits have not been secured and Basin Water has not been able to install the Facilities to treat the water so that it meets the Quality Standard on or before the date that is sixty (60) days after the Performance Deadline, then, Basin Water, at its option, upon written notice to EVWD in the manner set forth in Section 22.5 below, may terminate ~ 7 this Agreement, and, in lieu of any other remedies at law or in equity to which EVWD otherwise "-' -might be entitled, Basin Water shall be responsible only for its own expenditures and out-of-pocket costs incurred in comlection witll this Agreement. 17.2.2 Breach. Iffor any reason other than a Force Majeure Event (as defined in Section 22.18 below), EVWD fails to fully and completely comply with any of its obligations under this Agreement, or the representations contained in Section 20.1 below are determined to be inaccurate or no longer applicable, or any of the Permits are revoked, then Basin Water, at its option, may deem said act or omission to constitute an event of default and shall give EVWD written notice thereofin the manner set forth in Section 22.5 below, and provide therein that EVWD must cure said default to the satisfaction of Basin Water within fifteen (15) days of said notice. If the default is not timely cured to the satisfaction of Basin Water, then Basin Water may declare a material breach of this Agreement and, upon written notice to EVWD in the manner set forth in Section 22.5 below, terminate tllls Agreement, and, in addition to any other remedies at law or in equity that might otherwise be available to Basin Water, Basin Water shall be entitled to receive a lump sum payment from. EVWD of the entire amount of money that would otherwise be owed to Basin Water had the Agreement been completed through the Term. 18. Removal of Facilities. Upon telmination ofthis Agreement, Basin Water, at its expense, may remove or shut down any or all Facilities installed and used by Basin Water to treat the water produced by the Well and/or to monitor compliance of such water with the Quality Standard. Basin Water shall coordinate such removal or shut down with EVWD. Basin Water shall not be \~ responsib.le for costs required to reinstate EVWD's property to its original condition. . . 19..License to Enter. By execution. of this Agreement, EVWD hereby conveys to Basj~ Water an exclusive irrevocable license coupled with an interest to full and complete use ofEVWD' ~ property, up to and including the Facilities and Well, as is deemed necessary by Basin Water after the Effective Date to install and maintain the Facilities necessary to treat the water produced by the Well in accordance with Basin Water's obligations under this Agreement. If Basin Water so requests, the license herein conveyed shall be formalized by a separate written instrument consistent with the scope of the license set forth above and in a form satisfactory to Basin Water. 20. Representations and Warranties. 20.1 Representations and Wan-anties ofEVWD. In addition to the representations reflected in Section 8.2 above, EVWD malces the following representations, warranties, and covenants to Basin Water, as of the Effective Date: 20.1.1 Power and Authority to Execute and Perform this Agreement. EVWD has the right, power, and authority to enter into this Agreement and to perform its obligations hereunder, and the person(s) executing this Agreement on behalf of EVWD has (have) the right, power, and authority to do so. 20.1.2 Enforceability. This Agreement constitutes the legal, valid, and ''-' 8 binding obligation ofEVWD, enforceable against EVWD in accordance with its terms. ~ 20.1.3 No Litigation. There is no suit, action, or arbitration or legal, administrative, or other proceeding, formal or informal, pending or threatened, which adversely affects EVWD's ability to enter into and perform its obligations under this Agreement. 20.1.4 No Conflict. The execution and performance of this Agreement by EVWD does not breach or constitute a default by EVWD under any law, regulation, l'Uling, court order, agreement, indenture, or undertaking or other instrument to which EVWD is a party or by which EVWD or any of its property may be bound or affected and does not constitute a breach or default under any law, regulation, ruling, or court order. 20. 1.5 Production Capacity. Upon completion ofinstallation of the Facilities, pursuant to Section 16 above, the Well will be capable of producing and delivering the Base Quantity of water for processing at the Facilities, subject to Section 22.18 hereof. 20.1.6 Operational Capabilities. Upon completion of installation of the Facilities, pursuant to Section 16 above, and for the Term of this Agreement, EVWD will provide appropriately qualified and celiified operations personnel so as to properly operate the Facilities in a highly efficient manner and deliver the Base Quantity of water for processing at the 'Facilities, subject to Section 22.18 hereof. .' 20.2 Representations or Warranties of Basin Water. Basin Water makes the . "-" following representations, wananties, and covenants to EVWD~ as of the Effective Date: .' 20.2.1 Power and Authority to Execute and Perfonn this Agreement.' Basi~ Water has the right, power, and authority under this Agreement to perform its obligations hereunder and the person executing this Agreement on behalf of Basin Water has (have) the right, power, and authority to do so. 20.2.2 Enforceability. This Agreement constitutes a legal, valid, and binding obligation of Basin Water, enforceable against Basin Water in accordance with its terms. 20.2.3 No Litigation. There is no suit, action, or arbitration or legal, administrative, or other proceeding, formal or informal, pending or threatened, which adversely affects the ability of Basin Water to enter into and perform its obligations under this Agreement. 20.2.4 No Conflict. The execution, delivery, and performance of this Agreement by Basin Water will not breach or constitute a default under or grounds for the acceleration of maturity of any agreement, indenture, or undertaking or other instrument to which Basin Water is a party or by which Basin Water or any of its property may be bound or affected and does not constitute a breach or default under any law, regulation, ruling, or court order. 20.2.5 Treatment Capacity. The Facilities are capable of treating, at a ."-" 9 minimum, the Base Quantity of water, subject to Section 22.18 hereof. ~ 20.2.6 Supervisorv Capabilities. Upon completion of installation of the Facilities, pursuant to Section 16 above, and for the Term of this Agreement, Basin Water will monitor the operation of the Facilities by EVWD and provide technical advice therefor. 21. Taxes. Basin Water shall not be liable for any taxes and govermnental charges of any kind whatsoever that may at any time be assessed or levied against, or with respect to, the use, possession, occupation, and/or ownership of any property, or part thereof, involved in the implementation of tlns Agreement (including, but not limited to, the Well, the Facilities, and the real property upon which tlle Well and the Facilities are located and upon which Basin Water has a license to enter pursuant to Section 19 above), or any and all general or special taxes, fees, assessments, and/or charges made by any governmental body for any improvements made to such property, or part thereof, and/or for any services or activities perfOlmed heretmder. If Basin Water is assessed any such taxes, fees, assessments, or charges, said sums shall be paid by EVWD within thirty (30) days after receipt of an invoice therefor from Basin Water. 22. Miscellaneous Provisions. 22.1 Further Assurances. At any time and from time to time after the date hereof, each Party agrees to take such actions and to execute and deliver such documents as the other Party may reasonably request to effectuate the purposes of this Agreement. \...,.I 22.2 Assi gnment.. EVWD shall not assign any ofits rights, interests; or obligations under this Agreement without the prior written consent of~asin'Water. This Agreement and all provisions hereof shall be binding upon, and inure to the benefit of, the Parties hereto and their respective heirs, successors, legal representatives, and assigns. 22.3 Amendment. Except as otherwise provided in this Agreement, neither this Agreement nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by both Parties, and then only to the extent set forth in such writing. 22.4 Entire Agreement. This Agreement and the agreements provided for herein constitute the entire understanding between the Parties with respect to the matters set forth herein, and t.hey supercede all prior or contemporaneous understandings or agreements between the Parties with respect to the subject matter hereof, whether oral or written. 22.5 Notices. Any notice, approval, consent, waiver or other communication required or permitted to be given or to be served upon either Party in connection with this Agreement shall be in writing. Such notice shall be personally served, sent by facsimile, telegram, or cable, or sent prepaid by registered or certified mail with return receipt requested, or sent by reputable overnight delivery service, such as Federal Express, and shall be deemed given: (a) if personally served, when delivered to the Party to whom such notice is addressed; (b) if given by facsimile, ~ 10 telegram, or cable, when sent; (c) if given by prepaid or certified mail with return receipt requested, \..,I on the date of execution of the return receipt; or (d) if sent by reputable overnight delivery service, such as Federal Express, when received. Any notice given by facsimile, telegram, or cable shall be confirmed in writing, and such confirmation shall be sent or delivered by any of the other means of delivelY set forth in this Section, within forty-eight (48) hours after notice was sent by facsimile, telegram, or cable. Such notices shall be addressed to the Party to whom such notice is to be given at the Party's address set forth below or as such Party shall otherwise direct in a writing to the other Party delivered or sent in accordance with this Section. If to Basin Water: Basin Water, Inc. P.O. Box 70000 San Diego, CA 92167 Attn: Peter 1. Jensen, President Fax No.: (619) 222-3393 If to EVWD: East Valley Water District Attn: Fax No.: L-J _-_ 22.6 Governing Law. This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of California, without giving effect to any \,.,.I choi~:e-of-Iaw or conflicts-of-laws rule or principle that would result in the application of any other laws. . . \ 22.7 Headings. Headings, titles, and captions are for convenience only and shall not constitute a portion of tins Agreement or be used for the interpretation thereof. 22.8 Cumulative Rights: Waiver. The rights created under this Agreement, or by law or equity, shall be cumulative and may be exercised at any time and from time to time. No failure by either Party to exercise, and no delay in exercising any rights, shall be construed or deemed to be a waiver thereof, nor shall any single or partial exercise by any Party preclude any other or future exercise thereof or the exercise of any other right. Any waiver of any provision or of any breach of any provision of this Agreement must be in writing, and any waiver by any Party of any breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any otl1er breach of that provision or of any breach of any other provision of this Agreement. The failure of any Party to insist upon strict adherence to any term of the Agreement on one or more occasions shall not be considered or construed or deemed a waiver of any provision or any breach of any provision of this Agreement or deprive that Party of the right thereafter to insist upon strict adherence to that term or provision or any other term or provision of this Agreement. No delay or omission on the part of any Party in exercising any right under this Agreement shall operate as a waiver of any such right or any other right under this Agreement. ~ 11 22.9 Liberal Construction. TIlis Agreement constitutes a fully-negotiated ~ agreement among commercially sophisticated Parties, each assisted by legal counsel, and the terms of this Agreement shall not be construed or interpreted for or against any Party hereto because that Party or its legal representative drafted or prepared such provision. 22.1 0 Severability. If any provision of this Agreement is invalid, illegal, or unenforceable, such provision shall be deemed to be severed or deleted from tins Agreement and the balance of this Agreement shall remain in full force and effect notwithstanding such invalidity, illegality, or unenforceability. 22.11 Good Faith and Fair Dealing. The Parties hereto acknowledge and agree that the perfonnances required by the provisions of this Agreement shall be undeltaken in good faith, and with each of the Parties dealing fairly with each other. 22.12 No Third-Partv Beneficiaries. Subject to Section 22.2 above, tins Agreement does not create, and shall not be construed to create, any rights enforceable by any person, partnership, corporation, joint venture, limited liability company or other form of organization or assoeiation of any kind that is not a Party to this Agreement, except to the extent that Basin Water's rights may be enforced by a parent company thereof or a subsidiary thereto. 22.13 Counterparts: Facsimile Execution. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrum~nt. The signature page of any cOllilterpart may be detached therefrom without .~ impairing the legal effect of the signature(s) thereon, provided such signatUre page is attached to any , ,other counterpart identical thereto except for having an additional signat,ure page executed by any other Party. Each Party agrees that each other Party may rely upon the facsimlle signature of any Party on this Agreement as constituting a duly authorized, irrevocable, actual, current delivery ofthis Agreement as fully as if this Agreement contained the original inl( signature of tile Party supplying a facsimile signature. , 22.14 Time of the Essence. Time is of the essence of each and every provision of this Agreement. Unless business days are expressly provided for, all references to "days" herein shall refer to consecutive calendar days. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state, or legal holiday, then such date automatically shall be extended to the next day which is not a Saturday, Sunday, or federal, state, or legal holiday. 22.15 Number and Gender. As used herein, and as the circumstances require, the plural term shall include the singular, the singular shall include the plural, the neuter term shall include the masculine and feminine genders, the masculine term shall include the neuter and the feminine genders, and the feminine term shall include tile neuter and the masculine genders. 22.16 Disputes. 22.16.1 Arbitration. Any dispute or controversy arising out of, under, or in cOlmection with, or in relation to, this Agreement and/or any amendments thereto, or the breach "-' 12 thereof, which is not resolved informally by prior mutual agreement of the Palties hereto, shall be ~ submitted to al'bitt'ation in aCCOrdallCe with the procedure set forth in the California Arbitration Act, Sections 1280 through 1294.2 of the Code of Civil Procedure, unless otherwise waived anellor modiJled in writing by the Pmties hereto. The cost of such arbitration shall be paid by the Palties equally; however, the prevailing Party in the al'bitration shall be entitled to reimbursement of its attomeys fees and other costs inculTed in connection therewith. 22.16.2 Attornevs Fees. If a dispute arises which is not concluded by al'bitration pUrSUallt to Section 22.16.1 above, and any party to this Agreement reasonably retains cotmsel for the purpose of enforcing any provision of this Agreement, including without limitation the institution of any action or proceeding to enforce any provision of this Agreement, or to recover damages if otherwise available hereunder, or to obtain injunctive or other relief by reason of any alleged breach of allY provision of this Agreement, or for a declaration based on a demonstrated necessity of such Palty's rights or obligations under this Agreement, or for any other judicial or equitable remedy, then if the matter is settled by judicial or quasi-judicial determination, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to be reimbursed by the losing Pmty for all costs and expenses inculTed, including without limitation all attorneys' fees and costs for services rendered to the prevailing Party and any attorneys' fees and costs incUlTed in enforcing any judgment or order entered. The prevailing Party shall be determined by the court in the initial or any subsequent proceeding. 22.17 Venue. Venue for allY action or proceeding brought pursUallt to Section 22.16 above shall be before a state or federal court, tribunal, or magistrate located in.the State of California ~. that would generally have competent in rem jurisdiction over the Well. 22.18 Force Maieure. If a'ny performance (other than the payment of money due hereunder) ofthis Agreement is prevented, delayed, or made impracticable due to extended drought, flood, fire, earthqualce, or other natural disaster, strike, unavailability of necessary materials, electrical power or fuel, civil rioting, telTorist attack, war or militmy conflict, inability of Basin Water to obtain allnecessmy PelTnits or approvals (including any and all environmental approvals), or if the cost of complying with environmental requirements renders this transaction economically impractical (collectively a "Force Majeure Event"), then such performance (except for the payment of money due hereunder) of this Agreement shall be excused for the period of prevention, delay, or impracticability resulting from the Force Majeure Event. IN WITNESS WHEREOF, this Agreement has been executed as of the last date below written. . Dated: BASINWATER,INC. By: Peter 1. Jensen, President '-' 13 Dated: EAST VALLEY WATER DISTRICT "-"' By: [Name, title] . . '-" . . ~ 14 EXHmIT "A" ~ Description of Well EXHmIT "B" Description of Facilities EXHIBIT "e" Quality Standard for Each Contaminallt Influent Levels for Each Contaminant EXHIBIT "D" Invoice Form . . '-" . .. EXHIBIT "E" Insurance Requirements EXHIBIT "F" Performance Schedule ~ l5 EXHIBIT "A" '-' East Valley Water District Well 40 Uranium Removal Facility Description of Plant Site ~ . '.. \~ EXHIBIT "B" ''-'' East V alley Water District Well 40 Uranium Removal Facility Facility Description .. Uranium Disposable Resin Treatment Module (1,300 gpm capacity) .. Pre-Treatment filter system 0 Bag filters 0 Inlet, outlet, filter header system .. Utility requirements 0 480vac 3ph 60hz 40 al11p max (average 3.0 alnps) 0 '/.," service water connection 0 Well or Pump control interface 0 4-20ma flow signal 0 2" Waste drain Dial-up telephone line (for alarms and unit monitoring) shall be installed by the District '''-' . at .its sole expence. . ' "'-'" EXHIBIT "C" ~ East Valley Water District Well 40 Uranium Removal Facility Water Quality Objectives Influent Uranium Concentration: 41 pCi/L Treated Water Urallium Concentration: Less than 10 pCiIL All General Physical and Chemical Characteristics to be base on water quality at time of well stmt up. ~ . , . . '-W EXHIBIT "D" '-' ,I N 0 I C E Inv. # XXXXXXXX r. t I Basin Water Technology Group BaSlnWater~ 8731 Prestige Court Rancho Cucamonga, CA Phone: (626) 304-2660 Fax: (626) 304-9157 -- BILL TO: SERVICE ADDRESS: East Valley Water District East Valley Water District 3654 East Highland Avenue Well 40 Highland, CA 92346 - PO/Contract Number: Previous Meter Reading: 12/30/01 12:00 AM 0.0 Invoice Date: 3/25/2002 Current Meter Reading: 1/31/0212:00AM 0.0 Billing Cycle: :::;:::::::::: to 1/31/2002 Total Flow (cf): 0.0 Days of Service: 32 Total Flow (Acre-fl.): 0.00000 - Previous Charges Amount of Previous Bill 12/30/2002 $0.00 and Credits: Payment Received $0.00 -- New Charges Standby Charge ( $0.00 lrn6/ith) $0.00 "-' and Credits: Operating Charge ( $0.00 /cfx 0.0 cf) $0.00 PLEASE REMIT TO: Basin Water Technology Group 8731 Prestige Court Rancho Cucamonga, CA ITotal Due $0,00 I ~ EXHIBIT "E" ~ The Contractor shall maintain throughout the duration of the term of the Agreement, liability insurance covering the Contractor and designating the Company including its elected or appointed officials, directors, officers, agents, employees, volunteers, or contractors, as additional insured against any and all claims resulting in injury or damage to persons or property (both real and personal) caused by any aspect of the Contractor's work, in amounts no less than the following and with such deductibles as are ordinary and reasonable in keeping with industry standards. It shall be stated, in the Additional Insured Endorsement, that the Contractor's insurance policies shall be primary as respects any claims related to or as the result of the Contractor's work. Any insurance, pooled coverage, or self-insurance maintained by the Company, its elected or appointed officials, directors, officers, agents, employees, volunteers, or contractors shall be non- contributory. General Liability: a. General Aggregate $2,000,000 b. Products Comp/Op Aggregate $2,000,000 c. Personal & Advertising Injury $1,000,000 d. Each Occurrence $1,000,000 e. Fire Damage (anyone fire) $ 50,000 f. Medical Expense (anyone person) $ 5,000 Workers' Compensation: ~ Workers' Compensation Statutory Limits a. . . n. . EL Each Accident $1,000,000 c. EL Disease - Policy Limit $1,000,000 d. EL Disease - Each Employee $1,000,000 Automobile Liability a. Any vehicle, combined single limit $1,000,000 The Contractor shall provide thirty (30) days advance notice to the Company in the event of material changes or cancellation of any coverage. Certificates of insurance and additional insured endorsements shall be furnished to the Company thirty (30) days prior to the effective date of this Agreement. Refusal to submit such certificates shall constitute a material breach of this Agreement entitling the Company to any and all remedies at law or in equity, including termination of this Agreement. If proof of insurance required under this Agreement is not delivered as required or if such insurance is canceled and not adequately repiaced, the Company shall have the right but not the duty to obtain replacement insurance and to charge the Contractor for any premium due for such coverage. The Company has the option to deduct any such premium from the sums due to the Contractor. Insurance is to be placed with insurers authorized and admitted to write insurance in California and with a current A.M. Best's rating of A-:VII or better. Acceptance of \.,I insurance from a carrier with a rating lower than A-:VII is subject to approval by the Company's Risk Manager. Contractor shall immediately advise the Company of any litigation that may affect these insurance policies. ~ ~ '--' EXHIBIT "F" \...,1 East V alley Water District Well 40 Uranium Removal Facility Performance Schedule .. Week 1 0 Contract Signed and Notice to Proceed Issued 0 Owner begins on-site alld off-site prepal'ation 0 BWT begins unit assemble .. Week 10 0 Owner completes on-site and off-site preparations 0 BWT begins on-site mobilization .. Week 12 0 BWT deliveries Uranium Removal Facility to the Well 40 site 0 BWT begins installation of Uranium Removal Facility . Weelc 16 ~ 0 BWT complete.s in,stallation of Uranium Removal Facility 0 BWT begins startup tests 0 BWT complet~s staltup tests 0 Uranium Removal Facility ready for permitting ~ , ~ December 21 , 2005 MEMORANDUM TO: Bob M., Ron B., Brian T., Steve S. FROM: Mike Maloney SUBJECT: Surplus Vehicles - The following is a list of surplus vehicles that need to be sold at public auction: 1. Vehicle #6,1995 F-150 V.LN. 2FTEF15Y05CA24853 '-' This unit was used in production, cust()mer service and finally used as a pool vehicle. There are 113,123 miles on it. . This truck has a 6-cylinder engine and is very. tired. It needs a complete steering column rebuilt. The cost for repairs is approximately $6,000 (Kelly Blue Book Value is $2,290). 2. Vehicle #7, 1993 F-250 V.LN. 2FTHF25G2PCB49483 This unit was used in the meter shop and has 103,486 miles on it. It is in need of transmission replacement. Also, the engine is starting to burn oil and will need to be over-hauled or replaced. The cost for repairs is approximately $6,800 (Kelly Blue Book Value ;s $2,930). 3. Vehicle #19,1996 F-250 V.I.N.1FTHF25G9TEA53015 This unit was used in the meter shop and has 103,674 miles on it. It is in need of transmission work and also, front and rear suspension work. The cost for repairs is approximately $7,000 (Kelly Blue Book Value is $4,190). 4. Vehicle #48,1997 F-150 V.LN. 1FTEF17W7VNC28740 This unit was used in customer service and has 112,348 miles on it. It is in need of an engine, transmission and rear suspension rebuild. The cost for repairs is approximately $9,500 (Kelly Blue Book Value is $4,140). All of these units have been replaced with new vehicles this year. ~ .: . . ,.. "-' It is my recommendation that all vehicles listed c:bove be sold at public auction at Richie Bros Auctioneers in Paris, CA. Concur: srd'~ -,.. Date: /2h/~5- , Concur: ~~ Date: 1,2/2/0$ Brian Tom~ins . Concur: Q~\J ~ Date: I'll'Ll/bE ' . Rbn Buchwald Concur: ./if Date: fz/a;;r ~ '-' ~ City of HIG RE: 10TH ANNUAL HIGHLAND CITRUS HARVEST FESTIVAL Dear Business Owner, 27215 Base Line 'Highland, C:A 92346 You are cordially invited to palticipate as a vendor in the 10th Annuat' Citrus Harvest (909) 864-6861 FAX (909) 882-3180 Festival. The event is a one day, family-oriented str'eet festival celebrating the rich www,cLhighland.ce.us citrus history of Highland. There will be more than 150 vendors and exhibitors, live City Counl:1I enteltainment, car show, historic home tour, kids zone, contest:l.and much, muchmore. Mayor The Festival has experienced nine successful years with last year's attendance Ross B. Jones estimated' at 6,000. Mayor Prcl-Tem Larry MCCllllon This year's event will be held Saturday, March 25, 2006, from 10:00 a.m. to 3:30 p.m. "\en~y Ulburn in Highlalld's Historic District at the intersection of Palm Avenue and Main Street. ~dy Scott A Rain Date is scheduled for Saturday, April 1, 2006. . ;john P. Timmer EnClosed is a vendor infOlmation packet and application. If you would like to reserve City Manager 'space, please complete alld return the application as soon as possible. The final Sam J. Racadio deadline for submittal is Mal'ch 3, 2006. Space is limited and booths will be filled on a first come, first serve basis. All vendors accepted will receive written notice of booth location by March 13,2006. If you have any questions, feel free to contact me at (909) 864-8732, extension 250. Sincerely, 1)an~ y~~ Diana Vasquez Plarming Tec1miciall II Enc, "-' \ CITY OF HIGHLAND 10th ANNUAL CITRUS HARVEST FESTIVAL SATURDAY, MARCH 25, 2006 , 10:00 a.m.-3:30 p.m. ~ VENDORINFORMATIONP ACKET Info.-(909) 864-8732, ext 250 The deadline for Vendor Applications is March 3, 2006. The Highland Historic and Cultural Preservation Board ("Board") has the right to review all Applications and merchandise before the Application is accepted. VENDOR CLASSIFICATION & NOTIFICATION OF BOOTH NUMBER Read the following classifications carefully. They determine booth location and fees. ... Direct Sales: Vendors selling merchandise including, but not limited to: crafts, apparel, art, jewelry, toys, collectibles, etc. Activities such as a pony ride, petting zoo and air bounce belong in this category. ... Food Concessions: Vendors selling any food or consumable item. It is the Vendor's responsibility to contact the San Bernardino County Department of Health Services before submitting an Application. Appropriate Health Department permits and verification of insurance shall be submitted with the Application. ... Government and Nonprofit Orqanizations: Nonprofit Organizations, Service Clubs and Government A~Jencies. To receive a full refund of your Vendor Fee, dress in period costume (1890 -1940) or exhibit a comprehensive historical display to complement the theme of the Festival. This is available to Government and Nonprofit Organizations only. ... Historic Demonstrators: Demonstrators include persons or groups exhibiting a specific craft, trade, artifact or hobby (I.e., blacksmith, weaver, sculpture, gem collector, etc.). 'Final selection of booth locations wiil be made by the Board following the Application deadline. It is the ,,~ Board's discretion to limit the number of Vendors in any category. All Vendors accepted will receive written notice of booth location by March 13, 2006. BOOTH FEES ... Direct Sales - $40 Fee per booth space ... Food Concessions - $200 Fee per booth space ... Nonprofit Organizations and Government Agencies - $40 Fee per booth space (refundable with ccmfirmation of comprehensive historic exhibit or costume). ... Historic Demonstrators - Free Late Fee-An additional $15 Late Fee is required for Applications received after the March 3, 2006 deadline. All Fees must be paid atthe timethe Application is submitted. Vendors may pay by cash, check or money order made payable to the CITY OF HIGHLAND. There will be a $20 charge' for all returned checks. Please do not mail cash with the Application. Cash is accepted in person, at the Cashier's Window during business hours in City Hall only. If you require a booth space larger than 10X10, or 10x20 for Food Vendors, you are required to pay full price for each additional space. PERMITS AND DOCUMENTATION Participants shall comply with all City, County and State permit requirements. It is the responsibility of the Vendor to be aware of all permit requirements, and pay any fees associated with the issuance of such permits. The following permits shall be on premises during the Festival; ... San Bernardino County Environmental Health (Temporary Health Permit, for Food Vendors only) (909) 387 -4198 - Adrian Zaguan, Mon-Fri, 8 a.m. to 5 p.m. '-' ... State Board of Equalization Permit (Sellers Permit) naming 27215 Base Line as the business location (909) 680-6400. CANCELLATION The Board recognizes that situations may arise preventing participation. Vendors must inform the Festival Staff of cancellation 24 hours in advance. Failure to do so will result in the loss of Fees paid. Refunds will be determined on a case-by-case basis at the Board's regularly scheduled meeting. All decisions are final. , FAIN DATE If weather is very poor, the City will cancel the March 25, 2006, date and the Event will be rescheduled for April 1 , 2006. On April 1 ,2006, the Festival will be held 'Rain or Shine'. Vendors canceling participation in i '~ the Fe!~tival on April 1 , 2006, due to threatening weather shall forfeit all Fees paid. INSURANCE All Food Vendors and Direct Sale Vendors conducting an activity (air bounce, pony ride, etc.) must provide 1;1,000,000 General Liability Insurance. The enclosed insurance form shall be completed by the Vendor's insurance company and returned with the Application. NO SUBSTITUTIONS ACCEPTED. Vendors shall procure and maintain for the duration of the Event insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the work hereunder by the Vendor, his agents, representatives, employees or subcontractors. Such insurance shall include coverage for general liability, automobile liability, and Worker's Compensation if applicable, as require'd by State law. Such coverages shall be endorsed to cover the City of Highland and their officers, employees, and Vendors as respects to liability arising out of the activities performed by or on behalf of the Vendor. Such coverage shall be primary as respects to the City of Highland. Vendors shall furnish the City with m,rtificates of insurance with original endorsements effecting coverage required by this clause and endorsements shall be to the satisfaction of the City's Risk Manager. Temporary coverage may be purchased for an additional Fee. For additional information, please check the Temporary Insurance Coverage box on the Application. Festival Staff will contact you with additional information and fees. .SP ACE ALLOCATION All booths are outdoor. Booth spaces are 1 0'x1 0', with the exception of Food Vendor spaces which are 10'x2Cl', Participants must stay within these boundaries. Sidewalks, planters, and fire lanes must remain clear at all times. Vendors must present an attractive display including the use oltable drapes long enough to cover any items stored underneath. Festival Staff reserves the right to relocate Vendors and/or reassign '~ spaces. Activities deemed inappropriate will not be permitted.. Food Vendors shall place a drop-cloth on the ground within the booth area and any other area where food or grease may leave residue. All food remnants must be removed from Festival streets at the end of the day. A cleaning Fee will be billed to Vendors who leave trash or food remnants behind. The Fee will be calculated based on the fully burdened hourly rate of the City employee(s) required to abate trash and/or food remnants on behalf of the Vendor. STREET CLOSURE. SET UP AND DISMANTLING Vendors will not be permitted on the Festival streets before 7:00 a.m. All Vendors are required to enter at the V,mdor Entrance located on the corner of Center Street and Pacific Avenue. At 7:00 a.m. Vendors may enter the Vendor entrance and unload at curbside. After unloading, but before setting up, vehicies must be removed from the street. Business entrances and their "Private Parking' spaces cannot be blocked at any time. All vehicles must be off Festival streets by 9:30 a.m. All PARKING RULES AND REGULATIONS WILL BE STRICTLY ENFORCED. Vendors arriving after 9:15 a.m. are not guaranteed access; and shall forfeit their f:mtry Fees. Festival begins promptly at 10:00 a.m. The Festival concludes at 3:30 p.m. Vendors shall not start dismantling their booths until the conclusion of the Festival. Booths shall be dismantled and merchandise packed before bringing vehicles on Festival streets. Vehicles will be permitted back on streets for loading oniy. Blocking streets is not allowed at any time during the Festival. Barricades will be promptly removed and the streets opened to traffic at 4:00 p.m. FIRE, LANES Fire lanes must be maintained open throughout the Festival and during set up and break down of booths. Only people shall be permitted in fire lanes. No vehicles, tables, risers, or other equipment are allowed in fire lanes without express written permission by the Fire Dept. and/or Festival Staff. Offenders will be cited. ~ ELECTRICAL & EOUIPMENT REOUIREMENTS The City will not provide electrical power, water, tables, chairs, canopies or other equipment. Food Vendors are permitted to use generators. Any other Vendors may use generators upon prior notice only. Any non- food Vendors requiring use of a generator must indicate so under the "Comments" Section of this Application. All non-food Vendors using generators will be placed in the Kids Zone. Generators will not be permitted in any other areas of the Festival. 10th ANNUAL CITRUS HARVEST FESTIVAL VENDOR APPLICATION' *Return Applications & make checks payable to: \--- CITY OF HIGHLAND 27215 BASE LINE, HIGHLAND, CA 92346 Phone (909) 864-8732, ext. 250 Fax (909) 862-3180 Name of Business or Group: Address: Street City Zip Contact Person: Telephone: Day Evening Fax StatE, Board of Equalization Permit No.: Insurance Policy # (Food Concessions & Activities Only): o Temporary Insurance Policy - Please contact me so I may purchase a temporary policy for an additional fee. CheGk One Category: o Direct Sales (general merchandise, crafts, apparel, jewelry, art, etc.) o Food Concessions O. Actiliity (air bounce, pony rides, petting zoo, etc.) ~' o Nonprofit or Government Organization o Historic Demonstrator (display or activity demonstrating an historic craft or trade) . ' List all items to be sold and/or description of activities (items not Iisied cannot be sold): , ' Comments: Fee~!;. Please refer to "Vendor Information Packet" for complete details regarding Fees. Information provided below Is for easy reference only and does not include all "Fee" information. + Direct Sales & Activities. . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . ... ...... .$40.00 ' + Food Concessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ..... $200.00' + Non-Profit Groups & Government Organizations. . . . . . . . . . . . . . , . . . . . . . . . . . . . $40.00' + Historic Demonstrators. . . . .. ........................................... .Free Number of booths x $ Iper booth = $ o Add $15.00 Late Fee (after 3/3/06) Total Amount Enclosed $ Do you have a 3 compartment sink? (Food vendors only) OVes ONo Are you a past participant of Highland's Citrus Harvest Festival? OVes, for_Years ONo Are you a member of the Highland Area Chamber of Commerce? 0 Ves ONo '-' I would like the following phone number available to the public for referrals: ( ) - ----....---------------------------------------------------------------------------------------- For Office Use Only: Date Received I I Amount of Payment $ Check # - OVER - ; LIABILITY WAIVER '-' The undersigned acknowledges receipt of the Citrus Harvest Festival Vendor I nformation Packet, and ~lgrees that he/she will comply with said rules. Noncompliance will result in removal of the activities from the streets. The undersigned further certifies that helshe is responsible for the activity, and is authorized to: a) execute on behalf of the group; and, b) accept legal process on behalf of the group. The undersigned also agrees to indemnify and hold harmless the City of Highland, the Historic and Cultural Preservation Board, Chamber of Commerce and building owners and tenants from all damages, liabilities, costs and expenditures, including attorney fees and costs of defense, which may occur by reason of use of street for Festival activities. In consideration of the acceptance of my Application for entry into the above Event, I hereby waive, release and discharge any and all claims for damage for death, personal injury or property damage I may have, or which hereafter accrue to me, against the City as a result of participation in the Event. This release is intended to discharge the City, its officers, officials, employees and , volunteers, any other involved municipalities or agencies from and against any and all liability arising out of or connected in any way with my participation in the Event, even though that liability may arise out of the negligence or carelessness on the part of the persons or cities mentioned above. I further understand that accidents and injuries can arise out of the Event; knowing the risks, nevertheless, I hereby agree to assume those risks and to release and to hold harmless all of thEl persons or agencies mentioned above who (through negligence or carelessness) might otherwise be liable to me (or my heirs or assigns) for damages. It is further understood and agreed that this waiver, releases and assumption of risk is to be binding on my heirs and assigns. '-'" SIGNATURE DATE PRINTED NAME ~ . FOR FOOD AND ACTIVITY VENDORS ONLYl GENERAL LIABILITY SPECIAL ENDORSEMENT SUBMIT IN DUPLICATE , FOR (the "Entity") I ENDORSEMENT NO. I ISSUE DATE IMM/DD!YY) I \.,.) PRODUCER POLICY INFORMATION: Insurance Company: Policy No: Policy Period: (from) (to) lOSS ADJUSTMENT EXPENSE o Included in limits o In Addition 10 limits Telephone ODeduclible OSelf-lnsured Retention (check which) of $ NAMED INSURED with an Aggregale of $ applies to IwhilhJ coverage. 0 Per Occurrence 0 Per Claim APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the Entity unless checked here O. in which case only the followinf;t specific agreements and permits with the Entity are covered: TYPE OF INSURANCE ENTlTY!ACiRHMENTs/PfRMITS General liability , OOccurenc(' OTHER PROVISIONS Commercial Generalliabflity o Claims Ma'i:fe Retroactive Dale . ." Comprehensive General liability Owners & Contractors Protective COVERAGES LIABILITY lIMlTS EACH OCCURRENCE AG{jREGATE General CLAIMS: Underwriter1s representative for claims pursuant to this insurance. Products/Completed Operations Name: Personal & Advertising Injury Address: Fire Damage ~ Teiephone: L--..:-I In consideratio"n of the premium charged and notWithstanding any inconsistent statement in the poliCY to ~hich this endorsement is attached or any endorsement now ~r hereafter attached thereto, it is agreed as follows; 1. INSURED. The Entity, its elected or appointed officers, agents," volunteers and employees are included as insureds. 2. CONTRIBUTION NOT REQUIRED. As respects; (a) work performed by the Named Insured for or on behalf of the Entity:or lbJ products sold by the Named Insured 10 the Entity: or (cl premises leased by the Named Insured from the Entity, the insurance afforded by this policy shall be primary insurance as respects the Enfity, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary cowrage. In either event, any other insurance maintained by the Entity, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it. 3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is mdde or suit is brought except with respecllo the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. CANCELLATION NOTICE. With respect to the interests of the Entity, Ihis insurance shall not be cancelled, or materially reduced in coverage or limiis except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the city. S. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as: {l} Insurance Services Office Commercial General liability Coverap.e, "occurrence" form CG 0001: or (2) Ii excess, affords coverage which is alleast as broad as the primary insurance form CG 0001. Except as staled above nothing herein shall be held to waive. aller or extend any of the limits conditions, agreements or exclusions of the policy to which this endorsement is aHached. ENDORSEMENT HOlDER Entity AUTHORIZED REPRESENTATIVE OBroker/Ag(>nl ClUndt.rwrilt'r 0 i. {print/type namel, ~ warrant that I have authority to bind the ilbove-mentioned insurance compilny and by my signilture hereon do so bind this company to this endorsemenf Signature fllli.~ill.l/"<iJ:llotlu(t" (t"l/uif('f/' Telephone: ( I Date Signed RESOLUTION NO. 2006.06 '-' AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT SALE AGREEMENT, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF A PIPELINE PROJECT, THE ACQUISITION OF REAL PROPERTY AND THE ACQUISITION AND CONSTRUCTION OF A WATER WELL WHEREAS, the East Valley Water District (the "District") is a public corporation duly orgallized and existing under and pursuant to Division 12 of the Water Code of the State of Califomia; and WHEREAS, the Distr'ict desires to provide for financing in the amount of $6,000,000 for the acquisition and construction of Sterling A venue Pipeline project, the acquisition of real Project for the Lower Zone Blending and Treatment Facility and the acquisition and construction of a new well (the "Project"); and WHEREAS, Municipal Finance Corporation (the "Corporation") has proposed a cost- effective twenty year installment sale financing arrangement at a 4.95% 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 Boar~ 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 Project, subject to approval as to form by the District's legal counsel, General Manager and Chief Financial Officer 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 and to execute and deliver any and all documents, agreements and certificates which they may deem necessmy or advisable in order to calTY 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. Oualified Tax-Exempt Obligations. The Installment Sale is hereby designated as a "qualified tax-exempt obligation" 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 $6,000,000 of Project expenditures occuning no earlier than sixty ~ days prior to the adoption of this Resolution. All reimbursed expenditures will be capital expenditures as defined in Section1.l50-l(b) of the Federal Income Tax Regulations. ~ SECTION 5. Effect. This Resolution shall take effect immediately upon its passage. PASSED, APPROVED AND ADOPTED this 10th day of Janumy, 2006, by the following vote: AYES: NOES: ABSTENTIONS: ABSENT: Approved: President of the Board Attest:: Secretmy of the Board ~ ~ MIOT JAY H. ZERCHER,C.P.A. ROBERT S. MEMORY, C.P.A. PHilliP H. WALLER, C.P.A. BRENDA L. COLE, C.P A. TERRY P. SHEA, C P."'. M & S LLP KIRKA,FRANKS.CPA, ~~OGERS, ANDERSON, ALODY COTI, CERTIFJEDPUBUCACCOUNTANTS LEENA SHANBHAG. C.P.A. NANCY Q'RAFFERTY, C.P.A. LAURIE K. MARSCHER, C.P A. THOMAS T. PAllL. C.P.A. JOSEPH P. WALSH, C.P.A. SCOTT W. MANNO, C.P.A. JENNY L1U, C.P.A. MATTHEW B. WilSON, C P."". AOBYN B. ROSE, C.P.A. BRAD A. WELEBIA, C,P.A. December 7, 2005 Hobert Martin General Manager East Valley Water District Post Office Box 3427 San Bernardino, California 92413 Dear 130b; We have computed the Net Revenue of the East Valley Water District to be 124% of the , District's annual debt service (principal and interest). Our computation was made in accordance with the provisions of the 2005 Project Installment Sale Agreement. Our computation was . based on the amounts as reported in the June 3D, 2005, audited financial statements adjusted ~ for the projected. increase in annual debt service as a result of the 2005 Project Installment Payments. If you should have any questions or need additional information, please contact us. Sincerely, ROGERS, ANDERSON, MALODY & SCOTT LLP /!?~~~ Robert Memory, C A ;.--- .~ MEMBERS AMERICAN INSTlTUTE OF CERTIFIED PUSL1C ACCOUNTANTS PCPS TH: AlePA ALLIANCE FOR CPA FIRMS VANIR TOWER. 290NOATHkO"STREET. $UITESOO SANBERNARD/NO, CA92401 CALIFORNIA SOCIeTY OF (909)889-0871 . (909)824-6736. FAX(909)889-5361 CERTIFIED PUBLIC ACCOUNTANTS E-malZ"rams@ramscpa.net ~ DOCUMENTATION INSTRUCTIONS AND REFERENCE The following documents represent the complete documentation package: 1. Installment Sale Agreement with Exhibits A and B 2. Assignment of Installment Sale/Acknowledgment of Assignment 3. Arbitrage and Tax Certificate 4. Certificate of District 5. Incumbency and Signature Certificate 6. District's Letter to Citizens Business Bank (prepare on District's Letterhead) 7. CPA Letter (provided by District's CPA) 8. 8038-G All of the above documents shall be executed with original signatures. The signatory should be the officer(s) referenced in the resolution. In addition to the above documents, the following additional items are required: Resolu'tion Please send an original or certified copy of the resolution adopted by the governing body. Legal Opinion The legal opJ.nJ.on should be on the counsel's letterhead and bear an original signature. Insurance Please prov~de insurance in accordance with Section 6.10 ,~ of the Installment Sale Agreement. 8038-G Form Sign and date. MFC will file the form upon funding'. Ve,ndor Invoice Include original invoice for each disbursement to be made to vendor. Sign on each invoice "Approved as to Payment". Attach to Authorization to Disburse form. Authorization to Disburse Form When ready to request disbursements please sign and complete form and attach to invoice or copies of appropriate backup (invoice and check) documents. Please call Dixie Matte, Manager of Administration, (818) 224-4787 if you have any questions regarding documentation procedures. ,..,) ~ INSTALLMENT SALE AGREEMENT #05-106-AF This Installment Sale Agreement dated January 10, 2006 (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 2006 Project, as hereinafter defined, to District, and District desires to purchase the 2006 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 Section 1.01. Definitions. The following terms will have meanings indicated below unless the context clearly requires otherwise: Accountant's Re~ort The term "Accountant's Report" means a report signed by an Independent Certified Public Accountant. sssiq~ The term "Assignee" means Citizens Business Bank, its successors and assigns. flonds, 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 2006 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. ~:losinq 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, which date shall be December 22, 2006. "-" 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 2006 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 'I'he 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 J:rom the proceeds of sale of any Bonds), (2) that portion of the princ.ipal amount of all outstanding serial Bonds maturing on the next succeE,ding 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 2006 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 easel 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. 2 ~ District 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 8.0l. 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 PavmentDate; Series 2006 Installment Pavment Date '-" .' . The term "Installment Payment Date" means any date on wh~ch Installment Payments 'are scheduled to be paid by the District under and pursuant to any Contract. The term "Series 2006 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 Pavments; Series 2006 Installment pavments 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 2006 Installment Payments" means the Installment Payments scheduled to be paid by the District under and pursuant hereto. Maintenance and Operation Expenses The term "Maintenance and Operation Expenses" means the reasonable and necessary costs paid or incurred by District for maintaining and operation the water system of District, determined in accordance with generally accepted accounting principles, including all reasonable expenses of management and repair and other expense necessary to maintain and preserve the water system of District in good repair and working order, and including all administrative costs of the District that are charged directly or apportioned to the maintenance and operation of the water system of District, such as salaries, wages and expenses of officers and employees, overhead, insurance, taxes (if any) ~ and insurance premium?, and including all other reasonably and neces.sary costs of District or charges required to be paid by it to 3 ~ comply with the terms of this Agreement; 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. Net Proceeds The term "Net Proceeds fI 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 Maintenance and Operation Expenses for such Fiscal Year. 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, the Installment Purchase Agreement dated as of April 1, 2001 between. the District and East Valley Public Facilities Corporation and the Installment Sale Agreement ~ dated as of July 13, 2004 between the District and the Corporation. Prolect; 2006 prole'ct 'l'he term "Project" means any additions, betterments, extensions or improvements to the District 1 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 "2006 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 a~l 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, business interruption insurance proceeds or other moneys derived by District from the sale, furnishing and supplying of the water or other services, facilities, , and commodities sold, furnished or supplied through the facilities of "-' or in the conduct or operation of the busiJ)ess of the Water System, plus (2) proceeds of District's share of San Bernardino County's 1% 4 "-"' property tax received by District, if any, plus (3) the earnings on and income derived from the investment of such income, rents, rates, fees, charges, or other moneys, including District reserves, plus (4) the proceeds of any stand-by or water availability charges collected by District, but excluding in all cases customer deposits or any other deposits or advances subject to refund until such deposits or advances have become the property of District and excluding any proceeds of assessments required by law to be used by District to pay bonds heretofore. Water Service The term "Water Service" means the water delivery service made available or provided by the Water System. Water Svstem 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 ~o, and by refer~nce made a part of, this Agreement: ~ EXHIBIT A' DESCRIPTION OF 2006 PROJECT EXHIBIT B SCHEDULE OF SERIES 2006 INSTALLMENT PAYMENTS 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 neceE:sary 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 "-'" cransactions contemplated and to carry out its obligations hereunder. 5 '~ (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 represents and warrants that all requirements have been met, and p:r'oceedings 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 2006 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 hereoj:; 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 2006 PROJECT ~ section 3.01. Acquisition and Construction of the 2006 pro'iect; ~eposit of Moneys. Corporation hereby agrees to cause the 2006 Project 6 \....,.I 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 the 2006 Project. District hereby agrees that it will cause the construction, acquisition and installation of the 2006 Project to be diligently performed, and that it will use its best efforts to cause the construction, acquisition and installation of the 2006 Project to be completed by June 30, 2007, 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 2006 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 2006 Project costs will be available when required, Corporation or its assignee shall deposit the sum of $6,000,000.00 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 2006 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 ~ an~uni 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 proj ect 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 2006 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 2006 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 specij:ied in Government Code Sections 53601 and 53635 and in accordance with District's investment policy. 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 2006 Prolect. The Corporation agrees to sell, and herby sells, to the District, and the District agrees to ~ purchase, and hereby purchases, from the Corporation, the 2006 Project 7 ~ at the purchase price specified in Section 4.01 hereof and otherwise in the manner and in accordance with the provisions of this Agreement. section 3.03. Title. All right, title and interest in the 2006 Project shall vest in the District immediately upon the acquisition and 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. Chances to the 2006 proiect. District may substitute other improvements for those listed as components of the 2006 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 2006 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 ,j THE 2006 PROJECT OR ANX PART THEREOF; OR AS TO THE FITNESS .FOR ANY __ PARTICULAR USE OF THE 2006 PROJECT OR ANY PART THEREOF OR AS TO THE FITNESS OF THE 2006 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 2006 PROJECT, THAT THE DISTRICT PURCHASES THE 2006 PROJECT "AS-IS", IT BEING AGREED THAT ALL OF THE AFOREMENTIONED RISKS 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 2006 PROJECT FOR ITS INTENDED USE. ARTICLE IV SERIES 2006 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. 8 .-.-' (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. Section 4.02. Series 2006 Installment Pavments. 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 2006 Installment Payment Dates as set forth in Exhibit B hereto. Each Series 2006 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 2006 Installment Payments if paid in accordance with their terms. The obligation of the District to make the Series 2006 Installment Payments is absolute and unconditional, and until such time as the Purchase Price shall ha'[e 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 2006 Installment Payments required to be made by it under this section when due, whether or not the Water System, the 2006 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 2006 Project has been completed, and such payments shall not be subject to reduction whether by offset or otherwise and shall not be conditional upon the performance or nonperformance by any party of any agreement for any cause whatsoever. I...J 9 ~ ARTICLE V SECURITY Section 5.01. Pledqe 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 Budqet and Appropriate. District covenants that it will include in its annual budget and appropriate for the following Fiscal Year the Series 2006 Installment Payments and other amounts due under this Agreement due on the Series 2006 Installment Payment Dates in such following Fiscal Year. The Series 2006 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 2006 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 agr~ements in the Agreement agreed to be carried out and perfor)lled by District. ~ Section 5.03. Additional Contracts and Bonds. The District may at any time execute any Contract or issue Bonds in accQrdance 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 wlndred 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 ipcluding the first complete Fiscal Year after the latest Date of Operation of any uncompleted 10 \.,.,.I Project, as evidenced by a certificate on file with the District, plus (after giving effect to the completion of all uncompleted Projects) an 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 operat.ions for such period, as evidenced by a certificate on file with the District, shall produce a sum equal to at least one hundred ten percent (110%) 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 2006 Installment Payments. District may issue bonds or execute a contract the payment of which are subordinate to the Series 2006 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 COVENANTS OF THE DISTRICT Section 6.01. Compliance with this Aqreement and Ancillary Aqreements. The District will punctually pay the Series 2006 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 2006 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. Aqainst Encumbrances. The District will not make any pledge of or place any lien on Net Revenues except as pr'ovided 11 "-" herein. District may at any time, or from time to time, issue debt or incur other obligations for any lawful purpose which are payable from and secured by a pledge of and lien on Net Revenues, provided that such pledge and lien shall be subordinate in all respects to the pledge of and lien thereon provided herein. section 6.03. Aqainst 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 operat:ion 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 I may be sold if such sale will not impair the ability o:E District to pay the Installment Payments. 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. Aqainst Competitive Facilities. District will not, -to' the extent permitted by law, acquire, construct, maintain, or operate "-' and will not, to the extent permitted by law and wi thin the 'scope of its powers, permit any other public or private agency, corporation, District or- 'political subdivision or any person who,mever to .acquire, const:ruct, maintain or operate within the jurisdiction of District any water system competitive with the Water System. section 6.05. Tax Covenants. (a) Genera11v. 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 2006 Installment Payments to become includable in gross income for federal income tax purposes. (b) Private Activitv. 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 lICadell) , or the private loan financing test of Section 141(c) of the Code. (c) Arbitraqe. 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 2006 Installment Payments are '-" not directly guaranteed or indirectly guaranteed in whole or in part by the united States or any agency or instrumentality of the United States 12 '-' so as to cause the Series 2006 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 Oualified. District hereby designates this Agreement for purpoBes 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 grosB 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 2006. (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 incorporated by reference herein. Section 6.06. Prompt Acquisition and Construction. District will take all necessary and appropriate steps to acquire and construct the 2006 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 Maintenance and Operation Expenses 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 2006 Installment Payments or which might impair the security of the Series 2006 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 ~ 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 2006 Project with responsible insurers in such amounts and against such risks (including accident to or destruction of the 2006 Project) as are usually covered in connection with facilities similar to the 2006 Project so long as such insurance is available at reasonable rates. In the event of any damage to or destruction of the 2006 Project 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 2006 Project. 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 payout 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 2006 Proj ect 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 2006 Installment Payments as provided in Article VII. 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 2006 Installment Payments, the' District may elect not to reconstruct, repair or replace the damaged or destroyed portion of. the2006 Project, and thereupon such Net Proceeds shall be applied to the prepayment of Series 2006 Installment Payments as provided in Article VII. (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. All policies of insurance required to be maintained herein shall provide that the Corporation or its assignee shall be given thirty (30) d,~ys, written notice of any intended cancellation thereof or reduction of coverage provided thereby. section 6.11. Accountinq Records; Financial Statements and Other '-W R@QLts. 14 \~ (a) District will keep appropriate accounting records in which cc~plete 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, 2006) 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 Securi tv and Riahts of Corporation. District will preserve and protect the security granted herein and the rights of Corporation to the Series 2006 Installment Payments hereunder and will warrant and defend such rights against all claims and demand of all persons. Section 6.13. Pavrnent of Taxes and Compliance with Governmental Reaulations. 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 ten per cent (110%) 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 Charaes. District will have in effect at all times by-laws, rules and regulations requiring each cl1stomer 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 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 2006 proj ect shall be taken by eminent domain proceedings, the Net Proceeds thereof shall be applied as follows: "-' - - 15 ~ (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 estima.te 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 inwaired (which determination shall be final and conclusive), then the District shall promptly proceed with the acquisition and construction of Buch 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 applied in part to the prepayment of Serie8 2006 Installment Payments. (b) If the foregoing conditions are not met, then such Net Proceeds shall be applied in part to the prepayment of Series 2006 Installment Payments as provided in Article, VII. District shall be obligated to' continue to make the,' Series 2006 Installment Payments '~ required by this Agreement notwithstanding condemnation of all or a' portion of the. 2006 Project' unless and until the Series 2006' Installment Payments and all amounts owned hereunder are' paid in full. 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. section 6.18. Consistent with Prior Contracts. It is the purpose and intent of this Agreement to provide a Contract within the meaning of the Prior Contracts, which provides for the Installment Purchase Payments payable from and secured by Net Revenues on a parity with the Prior Contracts, as all of such terms are defined in the Prior Contracts. In the event of any inconsistency between the terms of this Aqreement and the Prior Contracts, such provisions shall be interpreted and applied in a manner which preserves the parity nature of the obligation and the common security (i.e., a pledge of Net Revenues) in accordance with the purpose and intent of the Prior Contracts. The parties hereto agree to consider approval of any amendments hereto, such approval not to be unreasonably withheld or delayed, which are in the opinionof bond counsel to District necessary or convenient to further assure conformity of this Agreement to the requirements of the Prior Contracts. '-.-I 16 ~ ARTICLE VII PREPAYMENT OF SERIES 2006 INSTALLMENT PAYMENTS Section 7.01. Prepavrnent. (a) The District mayor shall, as the case may be, prepay from the Net Proceeds as provided herein the Series 2006 lnstallment Payments in whole or in part on any date in the order of' payment date as directed by the District at a prepayment price equal to the sum of the principal amount prepaid plus accrued interest thereon to the date of prepayment. (b) The District may prepay the Series 2006 Installment Payments in whole in accordance with the following prepayment schedule: Prepavrnent Dates (Inclusive) Prepavrnent Premium January 30, 2011 - July 30, 2017 102% January 30, 2018 - July 30, 2021 101% January 30, 2022 and thereafter 100% Notwithstanding any such prepayment, the District shall not be relieved of its obligations hereunder, including its obligations under Article IV, until the Purchase Price shall have been fully paid (or provision for payment thereof shall have been provided to the written satisfaction of. the Corporation) . . \~ section 7.02. Method of Prepavrnent. Before making any prepayment pursuant to Section 7.01, the Distri'ct shall, within five (5) days following the event permitting the exercise of such right to prepay or creating such obligation to prepay, give written notice to the Corporation describing such event and specifying the date on which the prepayment will be paid, which date shall be not less than sixty (60) nor more than seventy-five (75) days from the date such notice is given. ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES OF THE CORPORATION section 8.01. Events of Default and Acceleration of Maturities. If one or 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 punctual payment of any Series 2006 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 performed by it, and such default shall have continued for a period of , sixty (60) days after the District shall have been given notice in ~ writing 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 Contracts or Bonds 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 2006 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 af'ter the entire principal amount of the unpaid Series 2006 Installment Pciyments 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 deposit wi th" the corporation a sum sufficient to . pay the . unpaid principal amount of the Series 2006 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 2006 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 2006 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. Reserved section 8.03. Other Remedies of the Corporation. The Corporation shall have the right -- '..,I (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 18 '--" 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 2006 Project or the Water System and no default hereunder shall result in the loss of the 2006 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 2006 Installment Payments to the Corporation at the respective due dates or upon prepayment from the Net Revenuesand 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' 'defaul t 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. 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. Assiqnee to Exercise Riqhts. 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. 19 ',-" ARTICLE IX DISCHARGE OF OBLIGATIONS Section 9.01. Discharqe of Obliqations. When (a) all or any portion of the Series 2006 Installment Payments shall have become due and payable in accordance herewith or a written notice of the District to prepay all or any portion of the Series 2006 Installment Payments shall have been filed with the Corporation; and (b) there shall have been deposi ted wi th an escrow agent at or px'ior to the Series 2006 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 2006 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 2006 Insta1lment Payments to their respective Series 2006 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 2006 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 2006 Installment Payments as have been so provided for, thereupon cease, terminate, become void and be completely discharged and satisfied (except for the obligation oj: the District to have such moneys and such permitted investments described in paragraph (b) above applied to the payment of such Series 2006 Installment Payments). In such event, upon request of the District 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. ART,ICLE X MISCELLANEOUS Section 10.01. Liabilitv Limited. Notwithstanding anything contained herein, District shall not be required to advance any moneys derived from any source of income other than the Net Revenues 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. 20 ~ 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 px'esently 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 2006 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 o'ther subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof; and the words "hereby," "herein," "hereof," "hereto," "herewith" and other words of similar import: refer to this Agreement as a whole and not to any particular article, section, subdivision or clause hereof. Section 10.06. Partial Invalidity. If anyone or more of the agreements or covenants or portions thereof required hereby to be perfo:~med 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 anyone 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 21 ~ unconstitutional, unenforceable or invalid. Section 10.07. Assiqnment. 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 regist.ered form or personal delivery,. to the party entitled thereto at "-' its address set forth below,or at such other address as such party may pl,C?vide to the oj::her 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 Ca1abasas, California 91302 Attention: President Section 10.11. Effective Date. This Agreement shall become effective upon its execution and delivery, and shall terminate when the Purchase Price shall have been fully paid (or provision for the payment thereof shall have been made to the written satisfaction of the Corporation) . section 10.12. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 10.13. Indemnification of the Corporation and the \, Assiq~. The District hereby agrees to indemnify and hold harmless the ~ Corporation and the Assignee if and to the. extent permitted by law from and against all claims, advances, damages and losses, including legal 22 ',-" fees and expenses, arising out of or in connection with the acceptance or the performance of its duties hereunder, the ownership of any item of the Water System, the uset operation, condition, purchase, possession of the Water System, or an accident or damage to property or injury or death to any person resulting therefrom; provided that no indemnification will be made for gross negligence or willful misconduct or the breach of an obligation hereunder. Section 10.12. Amendments Permitted. This Agreement and the rights and obligations of the Corporation and the District may be modified or amended at any time by an amendment hereto which shall become binding with the written consent of the Corporation, the District and the Assignee. IN WITNESS WHEREOF, Corporation and District have caused their authorized officers to execute this Agreement as of the date first written above. CORPORATION: MUNICIPAL FINANCE CORPORATION By: Title: \~. DISTRICT: E,A.ST VALLE'{ WATER DISTRICT By: Title: '-' 23 '-" EXHIBIT A DESCRIPTION OF 2006 PROJECT ~ '~ A-l ~ EXHIBIT B SCHEDULE OF SERIES 2006 INSTALLMENT PAYMENTS Interest Rate: 4.95% Term: 20 years I P~T Due Date Installment To To 6 Pa ent Princi al Interest 1 7/30/06 $238,012.17 $89,512.17 148,500.00 2 1/30/07 238,012.17 91,727.60 146,284.57 3 7/30/07 238,012.17 93,997.85 144,014.32 4 1/30/08 238,012.17 96,324.30 141,687.87 5 7/30/08 238,012.17 98,708.33 139,303.84 6 1/30/09 238,012.17 101,151.36 136,860.81 7 7/30/09 238,012.17 103,654.85 134,357.32 8 1/30/10 238,012.17 106,220.31 131,791.86 9 7/30/10 238,012.17 108,849.27 129,162.90 10 1/30/11 238,012.17 111,543.28 126,468.89 11 7/30/11 238,012.17 114,303.98 123,708.19 12 1/30/12 238,012.17 117,133.00 120,879.17 13 7/30/12 238,012.17 120,032.05 117,980.12 14 1/30/13 238,012.17 123,002.84 115,009.33 15 7/30/13 238,012.17 126,047.16 111,965.01 16 1/30/14 238,012.17 129,166.83 108,845.34 17 7/30/14 238,012.17 132,363.71 105,648.46 18 1/30/15 238,012.17 135,639.71 102,372.46. '-I 19 7/30/15 238,012.17' 138,996.79 99,015.38 20 1/30/16 238,012.17 142,436.96 95,575.21 21 7/30/16 238,012.17. 145,962.28 92,049.89 22 1/30/17 238,012.17 149,574.84 88,437.33 23 7/30/17 238,012.17 153,276.82 84,735.35 24 1/30/18 238,012.17 157,070.42 80,941.75 25 7/30/18 238,012.17 160,957.91 77,054.26 26 1/30/19 238,012.17 164,941.62 73,070.55 27 7/30/19 238,012.17 169,023.93 68,988.24 28 1/30/20 238,012.17 173,207.27 64,804.90 29 7/30/20 238,012.17 177,494.15 60,518.02 30 1/30/21 238,012.17 181,887.13 56,125.04 31 7/30/21 238,012.17 186,388.84 51,623.33 32 1/30/22 238,012.17 191,001.96 47,010.21 33 7/30/22 238,012.17 195,729.26 42,282.91 34 1/30/23 238,012.17 200,573.56 37,438.61 35 7/30/23 238,012.17 205,537.75 32,474.42 36 1/30/24 238,012.17 210,624.81 27,387.36 37 7/30/24 238,012.17 215,837.78 22,174.39 38 1/30/25 238,012.17 221,179.76 16,832.41 39 7/30/25 238,012.17 226,653.96 11,358.21 40 1/30/26 238,012.17 232,263.60 5,748.57 TOTALS: 89.520.486.80 86.000.000 00 8:0.520.486.80 \~ B-1 .~ ASSIGNMENT OF INSTALLMENT SALE #05-106-AF FOR VALUE RECEIVED, MUNICIPAL FINANCE CORPORATION ("Corporationn) 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 #05-106-AF dated as of January 10, 2006 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 nAgreement n) 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 Aqreement is in full force and effect, has not been amerided except as set forth in instrument delivered to Assignee and the District is ~ not in default of any terms thereunder, Corporat.ion 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. ~ ~ 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 #05-l06-AF dated as of January 10, 2006 (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 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 By: - Title: Date: '--' ~ ARBITRAGE AND TAX CERTIFICATE #05-l06-AF The undersigned hereby certifies that he/she is a duly appointed authorized agent of the EAST VALLEY WATER DISTRICT (the IIDistrict" ) for the purpose of executing and delivering, on behalf of the District, the Installment Sale Agreement #OS-106-AF dated January 10, 2006 (the "Agreement") , by and between MUNICIPAL FINANCE CORPORATION (the II Corporation ") as Corporation and the District as District. This Certificate is being issued pursuant to Section 148 of the Internal Revenue Code of 1986 (the "Code"), and Treasury Regulations, Sections 1.148-1 through 1.148-11 promulgated thereunder (the "Regulations") . The following facts, estimates and circumstances are in existence 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 112006 Projectll), and to sell the 2006 Project to the District; and the District is required to purchase the Project from Corporation by making Series 2006 Installment Payments with respect thereto, comprising principal and interest, on the dates and in the amounts set forth in the Agreement. 2. On the date of issuance of the, Agreement, the District will receive not less than $6;000,000.00 from the Corporation. '-' Such moneys will be deposited with the District and used, together with interest, earnings thereon, ,to pay the 2006 Project costs. 3. The District on behalf of the Corporation, will proceed to acquire and construct the 2006 Project with due diligence and, based upon the provisions of the acquisition and construction contracts, the acquisition and construction of the Project is sch,,,duled to occur on or before June 3 0, 2008 but in no case later than three years from the issuance of the Agreement. 4 . The original proceeds of the Agreement plus the interest earned thereon, will not exceed by more than 5% the amount necessary for the governmental purpose for which the Agreement is issued. 5 . The yield of the Agreement, without taking into account costs of issuance thereon, and on the basis of the initial reoffering price of the Agreement to the District thereof, is not less than 4.950000%. 6. No sinking fund, reserve fund or replacement fund will be maintained for the payment of the series 2006 Installment Payments due under the Agreement. 7. The 2006 project has not been, and is not expected during the term of the Agreement, to be sold or otherwise disposed ',-" of by the District. ~ B. In the event the District does not expend all proceeds of the Agreement wi thin twenty- four months 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 knowledge and belief of the undersigned, the expectations of the District, as set forth above, are reasonable; and there are no present facts, estimates and circumstances which would change 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 By Title '-' ''"'-' CERTIFICATE OF DISTRICT '~ The undersigned, duly authorized representative of East Valley Water District ("District ") , as purchaser, under that Installment Sale Agreement #05-l06-AF dated as of January 10, 2006 ( "Agreement II ) 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) 2. 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 re~pects as of . the date hereof, as if made on tp.is "'-' . 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. 5. The 2006 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 2006 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. '-' By: Date: "-' INCUMBENCY AND SIGNATURE CERTIFICATE 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 respecti ve 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 #05-106-AF dated January 10, 2006, by and betweE~n the District and Municipal Finance Corporation and all documents related thereto. Name Title Siqnature IN WITNESS WHEREOF, I have duly executed this certificate and \,g,/ affixed the seal of the District hereto this day of January, 2006. Secretary of the Board --- DISBURSEMENT AUTHORIZATION CERTIFICATE ~ This certificate requesting disbursement from the Project Fund to pay the 2006 Project costs (or to reimburse District for payment of the 2006 Project costs) is made pursuant to Section 3.01 of Installment Sale Agreement #05-106-AF dated January 10, 2006 ("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: $ 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 2006 Project costi 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: By: By: "-' Date: Date: "-" CitizEms Business Bank 701 North Haven Avenue, Suite 350 Ontario, CA 91764 Re: Installment Sale Agreement #05-106-AF dated January 10, 2006 Prior to the disbursement of funds as provided in Section 3.01 of that certain Installment Sale Agreement #05-106-AF dated January 10, 2006 (the "Agreement" ) between the East Valley Water District ("District" ) and Municipal Finance Corporation, as assigned to Citizens Business Bank ("Bank") , District shall provide Bank the name of the contractor or contractors selected to acquire and construct the projects described in the Agreement, and disbursement of funds shall be subject to approval by Bank of such contractor or contractors, such approval not to be unreasonably withheld by Bank. Sincerely, \~ "'-' '-' *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 #05-106-AF dated as of January 10, 2006 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 :r:elated documents or exhibits' atta<;:hed' thereto. Based upon the '...,I examination of these and such other documents as I deem relevant, it is Jl1Y o:fJinion tha):: 1. District is a public. corporation and political subdi vision 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 creditor's 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 January 10, 2006 and such resolution has not been amended or repealed and remains in full force and effect. ~ \.....,.I MUNICIPAL FINANCE CORPORATION RE: Installment Sale Agreement #05-106 -AF dated as of January 10, 2006 by and between MUNICIPAL FINANCE CORPORATION, (the "Corporation") as seller, and EAST VALLEY WATER DISTRICT (the "District") as purchaser. (Date) Page 2 5. 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 governmental body that challenges the District of District to enter into the Agreement or the ability of District to perform its obligations under the Agreement and the transactions contemplated thereby. This opinion may be relied upon by Municipal Finance Corporation, its successors and assigns. Dated: Very truly yours, Please type name and title under signature. \....; '-" 2 u1l1~~'-.-~ ;;!V 41""'~ <~'I 1",,_ "l\ ~I f' fi-~' -, l. i "'" .,~.",".i.i r:iJ: -~'Ob'~~-'~ ./ ." ~:, \gJ~~~; 'i.~~ ~ ~i;~;:;:.1tJ0~ ~!~::~~{~:.;9l::j;F: h;~f.. !:: ,';" '''''t~~~lil.l~~1'~;'''''~'~1~~~&P Nl'r"'~~"'''''1 ,.,,~"'.lR_.~,~"~, ,:.,.' ',- '~''i< l "JI."'. b ~ :.i4c'~ " "&!::>J'!.'1;. p:~. ~ :.,', "..;.:;:t;; :o"".'_.~.1.. '*'~~ 'fir" t...~. ; d' .~. 0" ;' ~.'~, '/l~d ~.ib,,:q~_ _.....e.4':l;i>:..~,....\1,d',r .;"~~.,,::1\1:;.:\ "(~':b:::.'w ,"'" >"A Fli2.8 l"'r\;c.S',~'fiz::;P:f h'f' ECii'ih :~. j-:'li,flure. " November 23, 2005 Mr. Kip Sturgeon Vice President East Va.lley Water District P.O. Box 3427 San Bernardino, CA 92413 Dear Mr. Sturgeon, Environmental EXPO is Celebrating 20 years of Environmental Education Excellence! Environmental EXPO will take place on Earth Day, April 22, 2006 at Cal State San Bernardino. We invite you to join with community members in championing environmental education in the Inland Empire through partnership with Environmental EXPO. EXPO is an award-winning model of how community patiners can work together in support of a healthy environment and healthy economy for our youth, their parents and teachers. EXPO is a free event to the 10,000 - 12,000 attending. We are so proud that Environmental EXPO received the Governor's Environmental and Economic Leadership award, California's highest environmental award. "-^' It is now that time of the veal' for patinership contribution to Environmental EXPO. East Valley Water District ha~ not been a partner in presenting EXPO for several years, which is very puzzling to us. About one-half ofthe attendees are residents of your service area. EXPO offers the perfect avenue for attendees to learn about water conservation as well as other good environmental behaviors. The Water Festival for children at EXPO provides many learning opportunities for hundreds - if not thousands - of children. As a. patiner in presenting Environmental EXPO, you would have much to be pleased about. We have enclosed flyers on last year's EXPO and a 7-minute CD introducing EXPO. We would be delighted to discuss with you the unique contributions that EXPO offers to the Inland Empire and why it is an important event for your support. Without the foresight and financial support by our community partners, Environmental EXPO would not he possible. We need the support of the East Valley Water District and hope that you will again join with liS in presenting this unique environmental learning event. If you are able to nartner with Environmental j:,XPO bv Januarv 13.2006 or earlier. you will be recognized at "Celebration of Earth through Art" on Janua~y 27 as well as on promotional materials for EXPO occurring on April 22, 2006. Along with your partnership contribution, we invite you to save the date of January 27,2006 to say "congratulations" to those involved with Environmental EXPO at our kick-off celebration in Riverside at an environmental art exhibit and festive VIP reception in support of Environmental EXPO. On Friday, January 27,2006 from 6 - 9 p.m., we will host "Celebration of Earth through Art" at Division 9 Gallery in downtown Riverside. lnvitations with ticket prices for January 27th will be sent soon so you can have the opportunity to experience this one-of-a-kind environmental art exhibit. This EXPO kick-off celebration, as well as EXPO fundraiseI', will . recognize EXPO's 2006 partners, ~ . feature an environmental art exhibit by four accomplished environmental aliists (including Dr. Sant Khalsa of Cal State San Bernardino) with the option to purchase artWork, . showcase the 2006 EXPO bookmark contest art of local children, <', ' ," "." " ',",' .. -.. '". , . " .. ..- '-".- :'} .-.. .. . ; ".,,,: '. .'.":~,; 1 .,.:_.~.:i. :.J.;::'.!. .:':::".::;~,. '~{j:..: ";:. : :.: :':) - '.: " .' ~;." . feature exciting magic by Eco.Magician Paul Cash, '~ . include delicious hors d'oeuvres and beverages. The EXPO Partner Contribution Fonn can be sent by mail or fax. Also, be sure to review the EXPO opportunities you could choose to support; these are available on a first-come basis. Please call us to discuss any aspects of Environmental EXPO on April 22, 2006. We would be pleased to make a presentation at a board meeting. We look forward to working with you this year and saying "congratulations" for your commitment to a healthy environment and healthy economy! Sincerely, .~~ IcUk~:"'L-... Dr. Darleen Stoner Ada Ramirez / Professor, Environmental Education & Coordinator, Environmental EXPO & Founding Director, EXPO & NEST Network for Environmental Science Teaching (909) 537-5640 (909) 537.5681 ~ ~ ~.,..,"'. "4Jt~~ . ............. ~~~ "'....,elebratiB'liio years of Environmental Education ExceUencel Resume Objective To plaut the seed in Southern California for awareness of the critical importance of the environment for quality economic growth throngh it1I1ovative educational experiences and academic excellence (which means good citizenship skills for today's youth!) History California State University, San Bernardino, via Environmental EXPO, has provided a free, family-oriented education and activities fair for children and their parents and teachers, and the public at large. Since 1987, about 180,000 people have attended EXPO, now the largest environmental education fair in Southern California. How EXPClI is Promoted Newspapf~ ads, television and radio PSAs, posters, and mass mailings. Special Qualifications .:. Features over 100 exhibits, many with hands-ou environmental education activities. .:. Ensures knowledge about water quality an!i conservation through the Water Festival for children. .:.. Enables several student contests that encourage studeuts to acquire and utilize environmental knowledge. Students ~ are awarded for achievements. " .:. Delights in having the All Species Parade whereby create an animal or plaut costume and mar~h in a parade. . .:. Rewards the Environmental Educator of the Year. .:. Makes sure there is wonderful eutertainment with environmental themes, including the Paul Cash Environmental Magi "h c"'~ ow. .:. lluives because of the many volunteers who assist each year, along with its supporting financial partners. .:. Is considered to be a "family fun fair for the advancement of qnality environmental education." Interests To establish many supporting partnerships to provide for environmental education needs of Southern California. Honolrs Received 2004 Governor's Environmental and Economic Leadership Award. California's highest environmental education award. Responsible fOlr Clean Air Award on Public Education on Air Quality Issues presented to founder, Dr. Darleen Stoner, by South Coast Air Quality Management District, October 2000. References The Environm,mtal EXPO family - the volunteer planning committee, the over 100 EXPO day volunteers, supporting partners, and the thousands who attend each year. Supporting partners include environmental and community groups, governmental agencies, and businesses, along with California State University, San Bernardino and its College of Education. ~ Environmental EXPO is associated with To discuss Partnership Opportunities please call The CSUSB Foundation. Dr. Darleen Stoner, EXPO Director (909) 537-5640 Non-I'rofit Tax I.D. 95-606-7343 Ada Ranrirez, EXPO Coordinator (909) 537-5681 http://expo.csusb.edu ~_~lli~l_ Partnership Benefits & Levels '-'" Tllere are four EXPO Partnership levels to choose from-each with its own unique benefit! Platilluna Partner'shIF' Benefits ($10,000) Prominent recognition as a uresentinl! partner of EXPO. . Recognition as a major partner in all media press releases, including all media interviews . Your banner posted at EXPO .. Your company/organization logo with a link posted on EXPO web site. . 4 Lunch Tickets and (4) 20th annual Environmental EXPO commemorative official T-shirts . Logo recognition on printed and electronic advertising for EXPO, including, 0 Official EXPO program (distnoution up to 120,000) 0 Poster mailers (distribution up to 15,000) 0 School Flyers 0 Omnitrans bus cards 0 Newspaper Ads 0 Commemorative T-shirt Gold Partnership Benefits ($5,000) Recognition as a supporter of EXPO. .. Your company/organization logo with a link posted on EXPO web site. ... 3 Lunch Tickets and (3) 20th annual Environmental EXPO commemorative ",fficial T-shirts \;.,.1 .. Logo re<:ognition on selected printed and electronic advertising for EXPO, including, 0 Official EXPO program (distribution up to 120,000) 0 Poster mailers (distribution up to 15,000) 0 Selected newspaper ads 0 Commemorative T-shirt 0 School Flyers Silver Partnership Benefits ($2,500) Recognition as a supporter of EXPO. .. Your company/organization logo with a link posted on EXPO web site. .. 2 Lunch Tickets and (2) 20th annual Environmental EXPO commemorative official T-shirts . Name recognition on selected printed and electronic advertising for EXPO, including 0 Official EXPO program (distribution up to 120,000) 0 Poster mailer (distribution up to 15,000) 0 Flyer (selected mailings) BrOn.Ee Partn4~rshlp Benefits ($1,000) Recognition as a supporter of EXPO. .. Your company/organization logo with a link posted on EXPO web site. . 1 Lunch Ticket and (1) 20th annual Environmental EXPO commemorative official T-shirt .. Name recognition on selected printed and electronic advertising for EXPO, including '-' 0 Official EXPO program (distribution up to 120,000) - 0 Comemorative T-shirt To become an official EXPO partner and receive all benefits either cash or a combination of 75% cash with agreed npon goods and services are necessary. ~~~~ 2006 Partnership Opportunities ~~. 11l1men1l:al . '. ~<F""~ \-.I Water Fesf:ival Children who come to EXPO are able to learn about water through 16 various hands-on activity zones. Take home activity booklets are available for educators and parents. Open to Platinum, Gold or Silver Partners Aerial Photo Event Special event that invites hundreds to pmticipate in fonning an environmentally-related design which is photographed from the air and distributed to newspapers, television stations, and magazines, both locally and nationally. Partner: Gear-Up Program Platinum Partner ~ (not available) Multimedili Competition This contest allows teams of elementary, middle and high school students to demonstrate original computer programs at EXPO, based on Conserving and Protecting Earth's Resources. As the presenting partner you will have the option to judge each entry and present awards on EXPO's stage. Platinum Partner ~ $10,000 Environmental Quiltinq Competition Students (grades K-12) create a group quilt from paper or cloth that promotes recycling and waste management. All entries are displayed at EXPO. The presenting partner has the option of judging and presenting winning awards on stage at EXPO. In addition you can display the quilt at your business. Platinum Partner ~ $10,000 Environme,ntal Educator of the Year ..\n educator is recognized for dedication to excellence in environmental education and receives a cash prize presente<:l.at . "'-/nXPO: The presenting sponsor awards the '06 recipient at EXPO and is involved' in judging all entries. The winner is nnounced in a press-release months prior to EXPO. Platinum Partner ~ $10,000 20' diame1~er model Earth Balloon Exhibit A new feature to EXPO! This unique exhibit features lO minute presentations where students and parents enter the earth balloon to learn about our changing planet. Exhibit space in front of earth balloon available. Platinum Partner - $10,000 Outside Solar Entertainment Stage Uniquely powen~d by solar energy and centrally located the stage features entertainment throughout the day. Your banner will be prominently displayed above the stage. Platinum Partner - $10,000 Paul Cash Environmental Magic Show Located inside Coussoulis Arena the stage features several performances by Eco-Magician Paul Cash. Paul's show draws plenty of attention. Partner: Zero Waste Communities Platinum Partner - (not available) EXPO's Extreme Rock Wall A favorite of EXPO attendees! FREE climbs for all to enjoy throughout the day. Your banner will be prominently displayed on or next to the wall in addition to having an exhibit space in front of the wall. Gold Partner - $5000 All SpeciE~s Parade Children up to age 12 create costumes of endangered species from recycled or reused materials as part of a group learning activity. Children can create a mask at EXPO or they can make their costumes ahead oftime to march in the parade at EXPO. "resenting sponsor has the option of judging costumes and presenting awards on stage. Gold Partner - $5000 '~ To discuss your partnership with EXPO please call Dr. Darleen Stoner, Professor & Founding EXPO Director (909) 537-5640 Ada Ramirez, Environmental EXPO Coordinator (909) 537-5681 h ttp:llexpo.csnsb.edu ~ni:2";;0t,))~{;:>':f~";;' ".I'~ .,.... ,..~.,. . J... !.;,,-.,,....,,...,.. . ...\. ". :;;j: ", :i''rlii,i~iii~i Contribution & Pledge Form ~""" ,;:>I[':F*~ . . A" '..'-- "..".' . '.. ..' npany IAgem:y/Organization: "'-'" Representative Name & Title: Address: Phone: Fax: E-mail: Web site: How would you like your company/agency/organization listed on Environmental EXPO material? Partnl!rslllip Level (please check one level) D Platinum $10,000 D Gold $5,000 ..,.!J Silver $2,500 0 Bronze $1,000 D Friend $ I Please choose one Check is enclosed OR Pledge check will be mailed by I I understand that by signing Environmental EXPO's eontribution & Pledge form a commitment is being made to be an official partner. Date Please maitre checks payable to: The Foundation for California State University. San Bemardino- EXPO Non-profit tax ill 95-606-7343 Return this form to If you should have any questions regarding Dr. Darleen Stoner Environmental EXPO partnerships please call Cal State San Bernardino Dr. Darleen Stoner (909) 537-5640 ~ :5500 University Parkway Ada Ramirez (909) 537-5681 San Bernardino, CA 92407 Fax (909) 537-7013 For office use only EC PChoice :. ...... . .......... . Env. ....... . Ironment I ........ .' a EXPO ...... . Inside and takes pia . . out. ceo : Arena..t Cal St sIde Coussoulis : ate San B . , .......... emardin . "-'" ..... o. . , ............ ..........: t?,~~.....'i~e... , ,- ~:;,'$;.~'~;ii,~ ..' '.l~!!!!l'!r' .-~ , ~ ...<~"'\; ~ "'5:~ ~... ._~~:.~........ ,~. t~I:;!~i:k...?;-~~.;;...;.'~ '.03: ,_......~' ,.. "~."';~ ~~~"'t'):.;:t.~.~. Q' . . ':.:..._,~~: 1\, . ,~....-:: ~..__ ... ~.......r-. .' . ~ -' '." ,. ....., :..-.~~~ ......~ ~-:..:;:;:'... .,-' . .;__....._-+:-7$i.~~~"=r;,~ -:- ,.~ .. 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( (, ( EAST VALLEY WATER DISTRICT BOARD OF DIRECTORS 2005-2006 LIGHTFOOT GOODIN NEGRETE STURGEON WILSON FEES EXPENSES FEES EXPENSES FEES EXPENSES FEES EXPENSES FEES EXPENSES JULY 500.00 500.00 32.00 250.00 11.19 625.00 447.20 875.00 AUG 875.00 750.00 625.00 11.10 875.00 60.00 1125.00 81.48 SEPT 1000.00 903.33 625.00 140.31 750.00 790.07 1250.00 332.90 1250.00 733.70 OCT 375.00 1250.00 375.00 24.62 1125.00 301.93 1125.00 11.05 NOV 750.00 1250.00 35.00 375.00 632.00 1250.00 125.00 1250.00 718.00 DEC 39.00 JAN FEB MAR APRIL MAY JUNE TOTAL REIMB 3500.00 903.33 4375.00 207.31 2375.00 1468.98 5125.00 1306.03 5625.00 1544.23 TOTAL EXPENSES 3500.00 903.33 4375.00 207.31 2375.00 1468.98 5125.00 1306.03 5625.00 1544.23 ( ( ( BOARD OF DIRECTOR EXPENSES DRAFT FISCAL YEAR 2005 - 2006 GLENN LIGHTFOOT DATE CONFERENCE MILEAGE BOOKS NAME OF MEETING FEES AIRFARE PARKING LODGING MEALS SUBSCRIPTIONS MISC CSDA 09/27/05-09/29/05 440.00 78.57 395.86 -11.10 TOTAL 440.00 0.00 78.57 395.86 -11.10 0.00 0.00 Page 1 ( ( ( BOARD OF DIRECTOR EXPENSES DRAFT FISCAL YEAR 2005 - 2006 DON GOODIN DATE CONFERENCE CARFARE MILEAGE NAME OF MEETING FEES AIRFARE PARKING LODGING MEALS EDUCATION Special District 7/8/2005 32.00 Special District 9/19/2005 29.00 19.40 CSUSB 9/26/2005 91.91 Special District 11/17/2005 35.00 TOTAL 96.00 0.00 19.40 0.00 0.00 91.91 Page 1 ( L' ( ~ BOARD OF DIRECTOR EXPENSES DRAFT FISCAL YEAR 2005 - 2006 . EDWARD NEGRETE DATE CONFERENCE MILEAGE NAME OF MEETING FEES AIRFARE PARKING LODGING MEALS MISC Lunch w/Bob 7/812005 11.19 Lunch w/Bob 8/31/2005 11.10 ACWA 9/14/2005-9/16/05 50.00 87.50 609.72 42.85 Lunch w/Bob 1 0/7/2005 12.00 Lunch w/Bob 1 0/26/2005 12.62 ACWA 11/30/05-12102/05 632.00 TOTAL 682.00 0.00 87.50 609.72 89.76 0.00 Page 1 ( ( ( BOARD OF DIRECTOR EXPENSES DRAFT FISCAL YEAR 2005 - 2006 KIP STURGEON DATE CONFERENCE RAILFARE MILEAGE NAME OF MEETING FEES AIRFARE PARKING LODGING MEALS MISC American Ductile Tour 7/16/2005 413.81 33.39 U of Miami 8/5/2005 60.00 ACWA 8/1 B/2005 229.31 ACWA 8/18/2005 -229.31 SBCVC Tuition 9/12/2005 100.00 Sacramento 9/30/2005 232.90 SBCVC Books 10/11/2005 33.77 Lunch w/Bob 10/14/2005 11.05 Spec Dist 10/17/2005 35.00 Seminar WEF 10/19/2005 40.00 133.79 U of Miami 1 0/28/2005 18.50 12.00 17.82 Training 11/15/2005 50.00 ACWA 11/30/2005 75.00 ACWA 12/8/2005 39.00 TOTAL 264.00 665.21 168.39 0.00 156.84 51.59 Page 1 ( { ( BOARD OF DIRECTORS EXPENSES GEORGE WILSON DRAFT FISCAL YEAR 2005 - 2006 DATE CONFERENCE MILEAGE NAME OF MEETING FEES AIRFARE PARKING LODGING MEALS MISC Lunch w/Bob 8/3/2005 13.61 Lunch w/Bob 8/9/2005 13.66 Lunch w/Bob 8/19/2005 13.16 San 8dno Chamber 8/19/2005 25.00 Lunch w/Bob 8/24/2005 16.05 Lunch w/Bob 9/912005 14.88 ACWA 9/12/2005-9/14/05 50.00 435.92 Sacramento 9/30/2005 232.90 Lunch w/80b 1 0/14/2005 11.05 ACWA 11/29/05-11/30105 263.00 ACWA 11/30/05-12102/05 455.00 TOTAL 793.00 . 232.90 0.00 435.92 82.41 0.00 Page 1 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT ,-"RECTOR: Don Goodin MONTH OF: - December. 2005 Board Meetings: 13 Conferences and Other Meetinas Date: 6 Organization PA 662 Description Education Date: 9 Organization MWD Description Tunnel Tour Date: 19 Organization Special Districts Description Monthly Meetina Date: Organization Description Date: <:~~ Organization Description .-::.: >;; Date: ;,~!;;, Org~nj~?tiod;j , Description ::::JC%;V:V~;> rCl ;<:;;:~:;, " ' Date' :,C<"', {Jrganlza,trdil "",,';, ;;".';";;,, ' ': Descnptlon ;, .', . '.,.~{ ':~~::\~Y,,;~{;%/\~,; ::~~:f ~P.~/ '.'~::~.:: . ;:{~it~;i~::~ ./: . ~!.:< ',: _~~>:>.;:;:. ,':<,' '.~ . . .,':: .' '\" c.'. . . '-' Date:" "., Qfg~ni?,a!IQI1 ",." . P~ic:;r,;ption " Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description TOTAL # OF MEETINGS 4 @125.00each_$ 500.00 Personal Auto~ Miles x .485 per mile_ Parking Fees $ Total Lo(!9logs, Meals & Other: (Details on Back) $ 33.00 Total Director's Expenses $ 33.00 '-' [;:J~J..Q ~~r,i_, Total Director's Meetings & Expenses $ 533.0Q. Signed Less any Advance Payments $ Date of Board Approval January 10. 2006 TOTAL DUE DIRECTOR $ - 533. 00- :lQinas: (Heceipts attached) '-" $ Date: 19 Function Attended Special Districts 33.00 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 Attendee! $ SUB TOTAL $ 33.00 Meals: (Heceipts attached) Date: Function Attended $ ",-" Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attencjed $ .. ' Date: Functi(j'(~Attended $ """'- Date: Function"Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ Other: (Heceipts attached) Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ '-" SUB TOTAL $ TOTAL LODGINGS, MEALS AND OTHER $ 33.00 (Enter this total on the front of form) . EAST VALLEY WATER DISTRICT - DIRECTOR'S FEES AND EXPENSE REPORT ,,-,RECTOR: sturgeon MONTH OF: December 2005 Board MEJetin~ls: 13 Conferences and Other Meetinqs Date: 1 Organization SBVC Description Classroom Date: ' 6 Organization SBVC Description Classroom Date: 14 Organization SB C of C Description Breakfast Meetinq Date: 15 Organization Meetings Quest Description Business Seminar Date: 16 Description Luncheon w/ Judqe Morris Description Dinner Meeting Description Meetinq with Mavor Jones General Mana~ i~~' (~ ., '" N;-:i'>'i ~. J ~ ~: 'f(o' ~r'~' ~ f'.'~'~~'~w, ~ \i:Wj 1\1 I_~ ~ 1<1,..$ ,,:;,,& w.; ~ ~...v:'1l ~\lf.1' ........" ,.. Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description TOTAl. # OF MEETINGS 9 @125.00 each $ 1,125.00 Personal Auto~ 12/15/2005 Gasoline Miles x .405 per mile_ $ 50.67 Parking Fees $ Total Lod..9ing,s. Meals & Other: (Details on Back) $ 226.04 Total Director's Expenses $ 276.71 ~ Total Director's Meetings & Expenses $ 1,401.71 ~Cc - Signed ~ Less any Advance Payments $ Date of Board Approval January 10, 2006 TOTAL DUE DIRECTOR $ 1,401.71 . \ )ginQs: (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 $ 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: 19 Function Attended Special Districts Fee $ 33.00 Date: 09 Function Attended winter 2006 Tuition $ 121.00 Date: 09 Function Attended Winter 2006 Books $ 72.04 ~ SUB TOTAL $ 226.04 TOTAL LODGINGS, MEALS AND OTHER $ 226.04 (Enter this total on the front of form) EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT Rr-~TOR: _-.1&/.t:5"'A) MONTH OF: f)ec 0,";- )a'rd'Meetin9s: rz/(~ t onferences and Other Meetings Date:-Li.:- HI 6" Organization (.Ie w fl Description r-,,)/ c.., R .r: Date:-Ll.; '6~. ():,- Organization u.> ~ /J (I. p. Description I? IJ wit, 17 It ('C~,~ Date:~LL:.o~Organization /":vldD Description A uH/,!ds lJdul~l'.A- Date:___Organization Description Description Description fiL~'~ ..~ .< -e A I .I ~ <ii'"( l-< g"'- (, ~,_."" ,,:;) ~, " ." \." " ... ~.. .".... ....... ....-. Date:___Organization Descripti'on Date:___Organization Description Date:___Organization Description Date:___Organization Description Date: ___Organization Description "," :"'~":l'>:< ;<f~::.:~'~:,'F:~>t.'!i~~'~':)' . TOTAL # OF MEETINGS tf @125.00 each_ $ ya(!J,OD 'ersonal Auto: Miles x .405 per mile_ $ Parkino Fees $ ~ Cotal Lodqin..@,jy1eals & Other: (Details on Back) $ Total Director's Expenses $ -6l- ~ /~~/ Total Director's Meetings & Expenses $ ':>'00, (J'O 3igned Less any Advance Payments $ Jate of Boa.rd Approval TOTAL DUE DIRECTOR $ SOD, (JiJ EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT ~CTOR: UCI-/TPC()'T MONTH OF: Off: c. Efi/} AIS (!J. ".oard MeetingS: /2.../ I Z. . ~onferenC€ls and Other MeetiliOs Datedl::l] Organization ~ 6 1I...t1 ~ (J DescriptIon gt:ll'JR p /1-?/E."iE 7'1.(/~ Date: /z/q 11 Wb , Organization Description f'f>eit..,-n /:;;<<; -roo R.. -~ Date: /2./ '2..) Organization ~ Sf{/Ytl/P Description 8~AP.,P /V} eEl I iJG- Date:__ Organization Description Date:__ ""..'.. Organization Description ~":,' ~ ~: Date:__ ....\/. Organi~~tioii\' Description ~:':.i/ :.;:,:: ',~' :):;""~;;'~;~ ~tt;.:" ::}I~;'~' ~:';i:A~~ Date:_~ < o.cgani#tidti:L .~'~l':- t~i"'iB\'; Description ~.'~!:Z,;:;r "(f~!fi+~;:.~~.. U.. ':#.L 'C~",,,,,,,'r""" \i<".,' '1: ,.,..' Dat$:_ :,:.',. ,OrganizatIon ''''\\'<'''."' :::", "',:\.:: .,., ;,R'e;:;criptlon .':i ~ " \',....,: ';,1, ~:;:,~,t'r:;:(,} ') , ":::,.;',.' \~J~1i;' ,;;m:~' :~'".t H;.: .,. ..... .. , i Date:_~ . Organizati'0n :~~::..:", \~;;",::,~,:C'';' ':. ,i: Descr,lptlon C""",- .\~~ :>hi;.;.,, \: :{i/ ~.'~;' ::::~;~;:~/ "... \; :::\\>::;:;':; { "i.... J' " ' :.)' ,'.. . . '-" Date:._ Qrgan,izafigQ,'. .."" .p,~~2dp.t;!9P- " Date:._ organization Description Date:. Organization Description Date:_ Organization Description Date:_ Organization_ Description Date:_ Organization Description TOTAL # OF MEETINGS ~ @125.00 each $ S"OtJ,OO._ --- . -~..- Personal Auto~ Miles x 0405 per mile_ $ ~ Parking Fees $ .7 Totai Loc!QiDQ.s, Meals & Other: (Details on Back) $ ./ Total Director's Expenses $ / ._.. ~ C)14(~ 'i~~ Total Director's Meetings & Expenses $ 50().oO Signed Less any Advance Payments ~$ ~ ':late of Board Approval TOTAl.. DUE DIRECrOR~ $ ~ ()() . ()O . ' 20"d '<1SS:0! LO-s'[-6r { ( ( EAST VALLEY WATER DISTRICT AFTER HOURS WORKSHEET 2005 (1) (1 A) (2) (2Aj (3) (4) (5) ,~, ,." I." la' {1m {11\ \uJ "J - 'UI ,-, ,"-, ...-., TURN TURN PRESSURE LEAKING NO MAIN SERVICE FLOWING WATER SEWER MANHOLE MONTH ON OFF HI LOW METERS WATER LEAKS LEAKS WATER QUALITY STOPPAGE OVERFLOW MISC TOTAL JAN 43 20 2 4 10 16 7 9 111 FEB 51 7 9 5 8 7 2 3 4 96 MAR 40 8 9 8 9 9 1 1 1 86 APR 45 14 1 7 8 10 6 3 1 95 MAY 53 12 2 1 2 8 12 4 1 2 7 104 JUNE 35 23 3 3 6 17 8 1 8 104 JULY 69 11 5 5 4 7 6 7 114 AUG 79 7 2 2 10 5 6 10 1 1 5 128 SEPT 73 6 4 11 10 14 5 1 1 7 132 OCT 72 9 1 11 9 9 6 2 8 127 NOV 80 18 2 4 11 4 7 1 6 133 DEC 0 TOTAL 640 135 4 21 75 84 112 75 0 10 11 0 63 1230 ( EASTVALLEYv( 2R DISTRICT r t HIGHLAND SYSTEM MAIN LEAK SUMMARY 2005 MONTH 1999 2000 2001 2002 2003 2004 2005 JANUARY 2 0 4 3 2 1 5 FEBRUARY 1 0 1 . 1 2 2 3 MARCH 2 1 4 2 3 0 6 APRIL 0 0 4 6 2 8 3 MAY 0 0 3 3 2 3 1 JUNE 0 3 7 6 4 1 2 JULY 1 2 2 9 7 6 4 AUGUST < 4 8 4 6 5 3 I SEPTEMBER 2 5 2 7 3 9 4 OCTOBER 2 6 5 2 4 5 1 NOVEMBER 3 3 1 2 5 10 1 DECEMBER 3 2 2 4 2 6 TOTAL 17 26 43 49 42 56 33 5.1.1W ( EAST VALLEY W( :R DISTRICT ( MAIN LEAK SUMMARY 2005 MONTH i999 2000 I"Inn.. 2002 t)nn., 2004 ?nn<; 'UUI '"uv..., _...v.... JANUARY 4 1 7 1 3 1 4 FEBRUARY 9 3 1 1 0 3 0 MARCH 6 8 2 0 4 3 0 APRIL 1 4 6 3 2 2 1 MAY 4 1 7 2 5 4 3 JUNE 5 8 4 1 5 1 3 JULY 4 8 8 2 1 3 0 AUGUST 8 2 5 ,0 3 3 2 SEPTEMBER 6 5 1 0 2 2 0 OCTOBER 2 3 1 3 0 3 1 NOVEMBER 5 2 1 6 3 7 2 DECEMBER 2 5 5 4 5 4 TOTAL 56 50 48 23 33 36 16 5.1W ( EAST V ALLEY v( ER DISTRICT ( MAIN LEAK SUMMARY 2005 ' MONTH 1999 2000 2001 2002 2003 ^^nA 2nnc .Guu~ vv~ JANUARY 4 1 7 1 3 1 4 FEBRUARY 9 3 1 1 0 3 0 MARCH 6 8 2 0 4 3 0 APRIL 1 4 6 3 2 2 1 MAY 4 1 7 2 5 4 3 JUNE 5 8 4 1 5 1 3 JULY 4 8 8 2 1 3 0 AUGUST 8 2 5 0 3 3 2 SEPTEMBER 6 5 1 ,0 2 2 0 OCTOBER 2 3 1 3 0 3 1 NOVEMBER 5 2 1 6 3 7 2 DECEMBER 2 5 5 4 5 4 0 TOTAL 56 50 48 23 33 36 16 5.1W ( EAST VALLEY J.. fR DISTRICT /' t HIGHLAND SYSTEM MAIN LEAK SUMMARY 2005' MONTH 1999 2000 2001 2002 2003 2004 2005 JANUARY 2 0 4 3 2 1 5 FEBRUARY 1 0 1 1 2 2 3 MARCH 2 1 4 2 3 0 6 APRIL 0 0 4 6 2 8 3 MAY 0 0 3 3 2 3 1 JUNE 0 3 7 6 4 1 2 JULY 1 2 2 9 7 6 4 AUGUST 1 4 8 4 6 5 3 SEPTEMBER 2 5 2 7 3 9 4 OCTOBER 2 6 5 2 4 5 1 NOVEMBER 3 3 1 2 5 10 1 DECEMBER 3 2 2 4 2 6 4 TOTAL 17 26 43 49 42 56 37 5.1,1W ( ( ( EAST VALLEY WATER DISTRICT AFTER HOURS WORKSHEET ^^^~ ~ .::uuo (1) (1A) (2) (2A) (3) (4) (5j (6j ,~, (8) (^' tin\ {ion VI "I \IV} \II} TURN TURN PRESSURE LEAKING NO MAIN SERVICE FLOWING WATER SEWER MANHOLE MONTH ON OFF HI LOW METERS WATER LEAKS LEAKS WATER QUALITY STOPPAGE OVERFLOW Mise TOTAL JAN 43 20 2 4 10 16 7 9 111 FEB 51 7 9 5 8 7 2 3 4 96 MAR 40 8 9 8 9 9 1 1 1 86 APR 45 14 1 7 8 10 6 3 1 95 MAY 53 12 2 1 2 8 12 4 1 2 7 104 JUNE 35 23 3 3 6 17 8 1 8 104 JULY 69 11 5 5 4 7 6 7 114 AUG 79 7 2 2 10 5 6 10 1 1 5 128 SEPT 73 6 4 11 10 14 5 1 1 7 132 OCT 72 9 1 11 9 9 6 2 8 127 NOV 80 18 2 4 11 4 7 1 6 133 DEC 57 10 1 5 7 6 3 1 4 94 TOTAL 697 145 4 22 80 91 118 78 0 10 12 0 67 1324 ,"" - ""~" .. \--' , ~ .1?rv b : 77~t ~ ~~__ ~y(/""- ~ 'rN~ ~ ~ ~J ~~f-- .;1. 0f.~ ~, ~.i LI- tv?..... ~~. c.o~~,0.~/ PENNY CHUA cYt-" Marketing Director/Chief of Staff ~~'! san Bernardino International Airport ~~ .~ . ~, .~ ,-" ....~ 294 S. Leland Norton Way. Suite #1 (909) 382.4100 ext. 243 San Bernardino, CA 92408.0131 FAX (909) 382-4106 '1Chua@sbdairport.com http://www.sbdairport.com "'-" - .. . \ \ \ ; , .' ~ ~ '~ · ~ l~\~\ ~;\~l t . ~ \J>\ \ \' , 9 t \ ' ~ . ~ Q'\", . ) ~t ~ ' d- w: ~ r .'i1 - ." p ~ ~ ~ l <~ ; ~ \ ~ ,'~ . , ,. ~ ' ~ ~f ''J 1. ' ~'of V'\ ? . L,~ \ (' < ....,; ~ !;><'~~%".~""-' . .-~u"",.~:f~:'::"11 ~~i ')'~1i'~~, ""t] ~? . :~"", ',~~~\~1<;;':' \~ I ~~'i~~: ' ..:;::'"'~, ;r$. '1 ,,~~_;~;~;;~~1;~~ p1,;j{! .- _, '1:,,,,*..,, "~""'"",_t -tI~,,,;,:,>.- I" Y" ~..., I "-D i"" iJ ~" ~J ;( ~1i fr .; .';1 ,. ':7 i j i.";' t >-" "'," "f,.." .--.,---- ~.~ --.- '-. ~. + ~- :~i&}i~:~'.~':~~l~i~~:~~:~;t~~;.:,:~ U~[;~;\~i~{.. a~~~::;:kl~ ".;~ ;':V~,~ie ".~'.'i' )!3.:.~-{;.;.::?;/:/ :';:,? j':Tff:~) F~Ni"':::'~.~ President Albert Karnig California State University, San Bernardino and Professor Darleen Stoner Founding Director of Environmental EXPO Cordially invite you to join with community and business leaders at The Grand Opening and Exclusive Preview of "Celebrating 20 Years of Environmental Education Excellence Through Art" Earth + Art Exhibition and Reception Friday, January 27, 2006 from 6 - 9 P.M. Program begins at 7 P.M. Division 9 Gallery in JLife Arts. Building ~ 3485 University Avenue, Riverside 92501 (Lime and University, one alock easl of Mission Inn) Tickets: $50 ($40 oflickel price is lax-deductible) To benefit the 2(jh annual Environmental EXPO, Inland Empire's award-winning environmental education fair and Earth Day celebration in support of a healthy environment and healthy economy. Enjoy reception with delicious hors d'oeuvres and wine. View extraordinary artworks with an environmental theme by Jerry Burchfield, Mallory Cremin, D 'Arcy Curwen, Sant Khalsa. and Rob Rutherford; available for purchase with a portion of the sale benefiting Environmental EXPO. Please RSVP by Thursday, January 19,2006 by mailing reservation card or or calling 909.537.5681 A special thank YOll to the following event partllers, The Press-Enterprise. Omnitrans, City of San Bernardino Public Services Department, The Gas Company, Zero Waste Communities. Ran Graphics, and CSUSB '.:; Network for Environmental Science Teaching. ~ Business attire. Tax LD. 95-6067343 L ( ( '-- " C~l~!?l~!!!?-g 2.Q.Y$W"s Fri(lay, January 27, 2006, 6 - 9 P.M. Name(s): Address: City, state, zip: Phone: Email: Number of tickets at $50 each_ . I canTt attend, but wish to make a tax-deductible <:ontribution to Environmental EXPO for $_- Check enclosed $ payable to CSUSB Foundation - Environmental EXPO. OR Please charge my credit card $ (circle one) Visa/MasterCard/ Amex Card No. Exp. Name on card:. 1,$40 of the ticket price is tax..deductible and goes to soGBrt Environmental EXPO, an Inland ~re outreach event dedicated to a ealthy envitonment and healthy economy 1>y the CS B Foundation. Tax IV nl.lmber9S-606 . , FOor additiOl'lal information: 909.537.5681 or expo@csusb.eduorhttp://expo,csu$b.edu Please RSVP by Thursday, January 19, 2006. Use reply card and envelope or call 909.537.5681 "-'" t1j' Raising the Bar of Continuing legal Education ACCREDITATION . ...~ - ,- -".. ..- . CalifomiaCLE: .Pending for 6.25 credits " ~~ '. '-Who ShoUld Attend: \.""'~,,- ~~~<; . ~ Attorneys', :i'& II Federal Power Act: Overview ~ Farrilets &. Ranchers {j~ and Recent Decisions ~ Water and Irrigation ~{~t ~%~ II Legislative Updates Man:agt~rs ' }::;,l~ ~ Mupicij:ialWater ~ftl" II The Endangered Species Act & Hydropower , " ";~l?if ,R.eprest~ntatives' ~JA II FERC's New Integrated licensing Process );> Municipal Planners & l~~~_ II 401 Certification - Updates and Energy Professionals , :::'~;:1;}~Jr' );> Environmentalists t{t;i1 New Developments );> \>.::~,;t>1i Engineers \ci~l "' Water Rights and Hydropower Relicensing .. " " );> Anyone Involved in ~'f~,r .. . Wll.ter, Water Planning and W~lter Rights .,~~~ .~~\f~~ r~iJ;h)I<L'~ ",~~.TheSeminarG;oup.net, OR CAL~ 800-514-485iJ~l ~.' i' ,;.$.1 ., . " ,,~. C it S h d 1 I .d"i'! co'" .:.,,:, "':::;i.i': ;,'1',.';'" ".:....:",,~'.' . , "_, on erence ,;c.e u e ns'! e";"'~4~ ~':cl:','''''d ;'!~~ Ji;t*~~ lr.., i>".t ,:~.,~:;.:::' , ,: ,< -t .. ", ' ". " J,; ~. "" .". <.'. 1'.-;: ~-/;; " , :l ,'.-" <Cl,i4;.t?.[;.~,~~ ~ r'ifF.~~''') B'W"'t; "};f1~Jr~';'~711'i%<'1?~{~~'liI'l%R'I"'l'.1J"Y'-"~~'~"':"4,["'-*wt.W~<'.wr"I@f'Y:~'%(';;;~':"i~f"'"",;'j1\:\l!~j?'''~1t~'''rJ;1;",W~ ~k~~^ }~~0,;@ ~j;'{h'T: '_if< ifif6$"'~;'''la,j ~; ~ ~IG~trit~:I;n~"ti~rS"~;~,ti~'~(;>l~2.~ i/'1?1.!;'~?(~r:> ~121~>P. :?k~~\~~.;:{ ~, ,,~ ,>.,':'(~",..,~,:,,1f, , ;.~ _ "!l f: ~''k,~'fu<''\.>;:{\l{'; i~ ,,1l61/1!1't?J ~ ~, "'~Ji.p: .;.:).." , :t ,i~. k:'';i't',;'::i:!iili':i;!'~:::~"",Ii",rnIi&t';1,,,~I;furg~~~~::1~~~~~~~~;~~:="${_"~;;'J:"t:;F':CJ;'bl:X,c.~:IPJ:i.f..!;rti,.;;;,;,,;;Iil~&.'J.'i0,.,;;'~'r~':l!~~~ . .., ' \__00 Introduction and Overview 2:00 401 Certification - Updates and New BarbaraA. Brenner, Esq., Program Co-Chair Developments S toel Ri!'es lLP Water Quality Certification Under Section SaCrcl//lcnto} CA 401 of the Federal Clean Water Act Nino J. Mascolo, Esq., Program Co-Chair Andrew H. Sawyer, Esq. S olltb,rn California Edison CO/tJpaJ!Y State l/7ater Resotlrces Control Board Ros8m8Cld, CA Sacramento, CA. 9:10 Federal Power Act Michael A. Swiger, Esq. ) 'an Ness Feldlllall Overview and Recent Decisions rr:~lJbillgtoIlJ DC Cherise M. Oram, Esq. Timothy J. Welch, (Invited) Stoel Rives lLP Seattle, W04 3:15 Break Nino J. Mascolo, Esq. 3:30 Water Rights and Hydropower 10:00 Legislative Updates Relicensing The Energy Bill; Future Repercussions; New Pre-1914 and Post-1914 Appropriative Regulatory Implementations Rights; Change in Points of Diversions; In-Stream Use Joel Malina, Managing Director Barbara A. Brenner, Esq. Wexler & fPalker Washington, DC David E. Lindgren, Esq. George O'Connor, Esq. Dom/ry Brand UY Rlon Phillips UtTerht & MacKinnoll 5 acrtlll/cnto, CA Wasbington, DC 4:45 Questions and Answers' ~ Break Members of the Faculty 11:00 11:15 The Endangered Species Act Issues Relating to Hydropower Relicensing; Compliance and Implementation . . Jean Baldl'ige, VP En/fix Janet e. Loduca, Esq. Pacific Gas & Eled,;c Company Kerry O'Hara, Esq. Department of IlIterior, Office of tbe Solicitor Sacramento, CA. 12:00 Lunch (onyourown) 1:00 FERC's New Integrated Licensing Process Understanding the New "ILP" Process and the Desire to Reach Settlement; Disputes David W. Moller, CE Pacific Gas 6- Electric Compall) Kristina Nygaard, Esq., Of Counsel Tlvllt/llan Sanders UP ~ Ir;iJbillgtoll, DC Timothy J. Welch, (Invited) ~ ' Ffdeml Ellerg)' ReglllatUl,'Y COllllllissioll (FERC) ii"'; reI. '~~ Wasbillgtoll, DC tY!~ ;i~l - .' ~.~ )I; :'~f';'~~ ;! . . . "'V., 1'., ,". .. J!, * . 8 g ~' "\,." if(~s~~ , ., , ' :-".~ THE SEMINAR GROUP ~. FACULTY. J "<'1J~ I .* . 5!' c " ~/i ~ ~ <': -~ .~ ". , ,'-' " , Califol;t:iia Hidr~e1ectric Projects" " ;.' f~~!ng.1h~ ~ Qf (llli~ ~ ng l.ig~ Edu ~~n " J:' . " ' . , , . \"',. 'N'l ,ara A. BrenneJ', Proff.am Co-Chair. is an attorney with Stoe! 3,900 MW of e!ectric capacity for California. He has more ~s UP. She focuses er practice on water resources, water than 25 years of experience with hydropower relicensing, de- quality, and rclate~ r~tory matters involving water rights, the velopment and operation, and is, a licensed Civil Engineer. ESA, the Califorrua nVlronmentJll Quality Act, and the CWA. Her exp~~e includes permitting of ,\?ater projects, protection Kristina Nygaard is Of Counsel with Troutman Sanders UP and acqutsmon of water resources, legtslative review. and water where she concentrates her practice on energy law. Prior to this supp~pJarnm~ ' she held numerous gositions with FERC over a 30 year period, Nino J. Mascolo.' Pro!?'am Co-Chair, is Senior Attorney for such as Assistant eneral Counsel on Energy Projects and Southern Cahforrua Edison Company where he provides legal Hydroelectric Licensing. adVlce to SCE units regarding envttonmental issues such as water Geor!?;e O'Connor is an attorney with Ryan Phillips Utrecht & quality compliance, hazardous substance communication ESA MacKinnon where he has extensive legislative and regulatory wetlands and other natural resource topics. He also wo~ks o~ expeoence. He was an adVlsor on the staff of U.S. Senator hydroelectric licensing and compliance matters for the twenty Larry E. Craig where he advised the Senator on energy and hydroelectric projects that FERC licenses to SCE. natural ~esour~e issues. Previously, he worked for FERC as legal Je.an Baldrige is a Vice President in charge of Water Resources and policy adVlsor and as an attorney writing Commission orders. Wlth Entnx, a private firm specializing in natural resource Kerry O'H~ is, an Assistant Regional ?~licitor in the Department mana.gement services. She is a fisheries biologist and has been of the InterlOr s Office of the SoliCitor Pacific Southwest working on hydro relicensing applications for 25 years, from Region. She presently advises the Fish and Wildlife Service and major unconstructed hydro projects in Alaska, to relicensings in other departmental bureaus on Endangered Species Act and Washington and California. , California hydropower issues. David E. Lin?gren is a partner at Downey Brand UP. His Cherise M. Oram is an attorney with Stoel Rives LLP in their areas of expertlse are land use, water, Endangered Species Act Seattle office. She practices federal envttonmental and natural NE!,A/CEo.A, and lublic agency law. He 1s a forme: resources law with. an emphasis on endangered species and Refonal SoliCltor for e Dept. of the Interior in Sacramento hydropower dam relice;>smg issues. She represents utilities, ports, an also a former Special Counsel to the Under Secretary of developers, commerCial fishers, oil and gas interests and the the Dept. of the Interior in Washington, DC. forestry industry in complex permitting matters. Janet C. Loduca is the Section Head of the Generation and Pro- Andrew H. Sawyer is an Assistant Chief Counsel at the State , 'Dent group of Pacific Gas & Electric Company's law depart- W~t~r Resources Cont:rol Board~. ~acramento. His re~onsi- . ~ where she ,?versees the legal issues relating to utility-owned bilitl~s mclude manrg the actlVltles of the Office 0 Chief get;e:a!1on, mdudin~ hydroelectric licensin8,and compliance. Prior Counsel involving e State Water Board's water right and to )OU1Ulg PG&:E, s e was an attorney in e San Francisco office underground storagetank programs. This includes administra- of Bevendge & Dlatnond and also a trial attorney with the Envi- tion of ~~fo!,nia's water, right permit and license program ronmental Comes SeCtion of the U.S. Department of Justice. and administenng the State s water quality certification program. Joel Malina is the Managing Director of Wexler & Walker Michael A. Swiger is an attorney with Van Ness Feldman where he is a leading strat~gi.st in legisl~?v:e adv?cacy campaigr; where his practice concentrates on energy, natural resources and management. He ~peclalizes ill Utl~~1ng direct lobbying, enyironmental la,:^" He is involved. in several hydroelectric ~assroots, commumcatlons and coalition building tactics to relicen~e p~oceed!ngs, as well as. vanous agency rulemakings 1Illpac~ major public ~olicy decisions. Hi~Jrincipal area of and legtslatlve policy matters relanng to hydroelectric licensing. expertise 15 energy an the enVlt'onment, Wl an emphasis on Timo~y.J. Welch is the Chief of the Hydro West Branch 2 in renewable energy sources. the DlVlSlOn of Hydropower, Environment and .Engineering David W. Moller is manager of Hydro Relicensing for Pacific for the Fed<:ral Energy Regulatory COll1lIl1SslOn. He 15 responsible q~s and Electric Co~pany. He directs their hydropower f~r ov:erse~ the preparation of NEPA documents associated relicensmg program which covers 26 FERC licenses and about Wlth licensmg of non-federal hydroelectric projects. Registration: PieasemiiI~,reinailyotir r~gisti,ati~ri.~ssciona; ,'SubstiiutionjCancel1atioll:, Yo~ may s~bstitute anotherper.ion poss~ble 8mc: e.nto~ent .1S ~ted, ,or yo~ .~ay al~~ :re~s~er w:tP. a .. . ~t ~y nm~ We.will.refund :nuticn, l~ss "a:$50. cancellation c~arge, cr~dit card Vla email,..o~e.,. fax ar.p,hone; Walk-m !=egtstrations.. If ~c reCeive your cancellation by Priday;January 27th, 2006:'", No will b(: accepted subJect to space availability. Please c:all . T~E refiin~J. will ,be give~ ",after: t~i.r da~e. . For ,more. iriformation regarding- SEMINAR GROUP at (206) 463-4400 or (toll free) (800) 574-4852 or administratlve poliCieS such as complaint aiLd tefund, please contact fax to (866) 435-3444 or c.rnall: .revsrrnrfl:VTheSeminarGroup net our office at (206) 463-4400: Tuition: The tuition fee includes attendance at all sessions cof- Course Materials: Eacl~ participant will receive a set of course fee breaks, and all course materials. Fu/lTuition: $495~00 per p~son; materials) prepared by the speakers especially for this tonference Special Government rate: $425 per persooj New Associate rate: which will be invaluable as a future reference. The course material: $360 per peISon. Student rate: $260. Make checks payable to: THE alone are available for $100 which includes shipping and handling. SEMINAR GROUP. Hornestudy Package: Our complete Homestudy Course, Save When Two or More Register: Save $25 each off of conslsttcg of a full DVD or Audio CD and the Course Materials is the Full Tuition fee onlJ when two or more register from the same aviiIabie for $505.00. This package may qualify for self-study credit. organization at the same time. Multiple discounts do not apply. Seminar Location: The seminar will be held at the Crowne Course Accreditation:This course is pending by the State Bar Plaza Union Square, 480 Sutter Street, San Francisco, California (888) of California for 6.25 general CLE credits. For information or 218-0808. A block of rooms at a special rate has been set aside until : accreditation in other states, please call THE SEMINAR GROUP at (206) January 9th. Please call the hotel directly for reservations/questions. 463-4400 or (800) 574-4852. MENTION THE SEMINAR GROUP. 1j!% PO Box 523 . Vashon, WA 98070 18305 Vashon Hwy. SW PRSRT STD $ c' 800-574-4852 . Fax: 866-435-3444 U.S. POSTAGE .'6 registrar@TheSeminarGroup.net PAID . SEATTLE, WA PERMIT NO. 1046 YES! Please register' the following: Name: ,-'r.-'P~~'X:!i\f\D) ~ ..-. \!; , {0,\\;l,\.1) Firm: U~C 27 20ij5 Address: City: State: _ Zip: East lialley v~ate\' District Phone: Fax: Email: I cannot attend. Please send me: o Course Materials Only Homestudy: 0 Video DVD & Materials o Audio CD & Materials 11,1.."1,1,1"'",1,,,11,,,11,,1,,1,,1,11...1..1.11,..',11,,1 Conference Fees Payment Method CODE: ENGAWR-IH-2 ROBERT MARTIN o Single Registration $495 Payment of $ EAST VALLEY WATER DISTRICT PO BOX 3427 o 2 or more (one company) $470 o Check 0 Purchase Order SN BERNRDNO CA 92413-3427 o Government Employee $425 Or Charge my: o New Associate $360 o VISA 0 MC 0 AMEX LS :6 W~ lZ 330S00Z o Student $260 Exp. Date: . . . . .. o Course Materials $100 'lSIO 1131 V M .1.3"11'1 ^ lSV3 o Homestudy $505 *Multipie disconnts do not applY ' 03A1303M ! Card No: . "':i,c",r -'gnature: ~aU 206.-46,1-4400 ()rRegist~ OnJine'atwWw.TheS~.minaJ:Gro.l!p.;,et , ". .~ fThis event will feature papers and workshops on these four naturally occurring elements-arsenic, -"- radium, radon, and uranium-that can pose problems to municipal and private water wells. NGWA will convene this conference to provide valuable training on topics ranging from geochemistry to treatment technologies. ~ .~. 0 ~ <<! ct:: David Baize, South Carolina Dept of Health and Environmental Control = David S. Chase, New Hampshire Dept of Environmental Services ~ :;:li David Grammer, RAdata Radon Labs .- "<I~j Muhammed Mukiibi Jr.. University of Arizona e.~ g:;~ Robert Olive, U.s. EPA Region 4 "" C;J Malcoim D, Siegel, Ph.D., Sandia National Laoorator:e\ .,= ?,~ Steven Spsyd, New Jersey Dept. of Environmental Prmection ;;]J i ..:."..>~ j .~. 1..:-= J. Mitchell Spear, Penn State Depl. of Environmental Engineering ~~ Zoltan Szabo, U.s, Geological Survey I ! ---.-.-....-.-.--..---.-------------------.------ ,"':'.:.,.:",.' >.-" ,..,'. "-' .- -, ,.. " .i~\ -- -...-..-' Monday, February 6, 2006 ''i'. .. .. 8:00 ..m.-4:00 p.m. Registration ........ "i , 9:00-11:30 a.m. KEYNOTEANDPLENARYSES~ON ...- Moderator: Robert W. Masters. NGWA 9:00-9:30 a.m. NRC Licensing of Concentrated Uranium in Drinking Water Treatment Systems Gary C. Comfort Jr.. U.S. Nuclear Regulatory Commission 9:30-10:00 a.m. Background Concentrations of Arsenic in the Los Angeles Basin, California: A Regulatory Perspective William Bosan, Ph.D., Dept. of Toxic Substances Control, California BPA " '., \.: ' 10:00-10:30 a.m. Refreshment Break ..... 10:30-11 :00 a.m. Well Design Criteria Providing Reduced Concentrations of Naturally Occurring Uraninm and Arsenic Through Subsnrface Methods: San Joaquin Valley, California -, Michael E. Guilbert, PG, Kleinfelder Inc. ," .,. 11 :00-11 :30 a.m. Group Discussion: Issues Watch .... \,..' 1I:30-1:oop.m. Lunch (on your own) ".._h_ ... 1:00.4:30 p.m. GEOCHEMISTRY AND OCCURRENCE SESSION Moderator: Zoltan Szabo, U.S. Geological Survey "" -. 1:00..1:30 p.m. Statistical and Geochemical Spatial Distribution of Radium and Uranium in a Brazilian Coastal Area ..., R.M.R. Almeida Sr., Universidade Federal Fiuminense; D.C. Lauria, Ph.D., Instituto de Radioprote<;ao e Dosimetria ...-.'. 1 :30..2:00 p.m. Occurrence of Radium~224, RadiwnR226, and Radium-228 in Aquifers Used Primarily for Drinking Water in the United States and Effect of pH: Retrospective Survey of Results ,. from 1987 to 2004 Zoltan Szabo, Eric Jacobsen, and Jeffrey M. Fischer, New Jersey Water Science Center, U,S. Geological Survey; Thomas F. Kraemer, Eastern Regional GeochemistrylRadiochemistry Research. U.S. Geological Survey; Vincent T. DePaul, New Jersey Water Science Center. U.S. Geological Survey 2:00-2:30 p.m. Radium-226 and Low pH in Ground Water Due to Oxidation of Authigenic Pyrite, Savannah River Site, South Carolina Walt Kubilius, Ph.D" Soil and Groundwater Closure Projecls, Westinghouse Savannah River Co.; Jeffrey A. Ross. Soil and Groundwater Closure Projects, Bechtel Savannah River Inc. 2:30-3:00 p.m, Break 3:00-3:30 p.m. Mitigating Elevated Radionuclides in Drinking Water with Aquifer Storage and Recovery Wells 'W Mark C. Lucas and Kenneth McGill. CH2M Hill: Michael A. Rogers. Monroe Township Municipal Utilities Authority. New"Jersey 3:30-4:00 p.m. The Effect of Paleochannel Geochemistry on the Occurrence of Natural Uraniwn at a Fonner Air Force Landfill ~ Carl M. Young, PO, Joseph Weismann, CHP, and Steven Masciulli, CHP, Cabrera ServIces Inc.; Paul Carroll and Brian Renaghan, U.S. Air Force 4:00-4:30 p.m. Naturally Occurring Arsenic in Ground Water from Glacial Deposits in King County, Washington Eric W. Ferguson and Ken Johnson, Dept. of Natural Resources and Parks, King County .~. ~~..:_~ .,.,.~ . .~W ,~,~~.!ii ..~~, 'i'f,:;.;J -'"..' -',. ..' ". -,. , " . ....~m .. "., '>-.' '~~:':: ~~",~l1r....:f..;!L~...:: .""~..""- .~.~" ..~., . .-'~':ii . . '. J ",'" . ..' '. ...,....:, Tuesday, February 7, 2006 9:00.10:30 a.m. MORNING SESSION Moderaror: Zoltan Szabo, U.S. Geological Survey 9:00-9:30 a.m. Arsenic Exposure Reduction for Residential Wells via Drinking Water Treatment Systems Steven Spayd, P.G., M.P.H., University of Medicine and Dentistry of New Jersey; Michael Gochfeld. M.D., Ph.D.. Environmental and Occupational Health Sciences Institute; Mark Robson, Ph.D., M.P.H.. University of Medicine and Dentistry of New Jersey; Willie Johnson Jr., Ruimin Xie, and Brian Buckley, Ph.D., Environmental and Occupational Health Sciences Institute 9:30-10:00 a.m. Radon in Water: The Basics as Developed by the U.s. EPA Training Centers David Grammert .RAdata Inc. ~ 10:00-10:30 a.m. Radiation in Our Everyday Lives James Burkhard, Ph.D., Western Regional Radon Tniining' Center, University of Colorado 10:30-11:00..m. Refreshment Break 11:00 - 12:00 p.m, TREATMENT TECHNOLOGIES SESSION Moderator: Steven Spayd, New Jersey Deparnnent of Environmental Protection and University of Medicine and Dentistry of New Jersey 11 :00-11 :30 a.m. Pilot Tests of Adsorptive Media Arsenic Treatment Technologies in the Arsenic Water Technology Partnership Malynda Aragon, Malcolm D. Siegel, Randy Everett, Alicia Aragon, William Holub Jr., Jerome Wright, and Brian Dwyer, Sandia National Laboratories 11:30 -12:00 p.m. Water Quality Considerations for Arsenic Removal from Ground Waters Ganesh L. Ghurye, Ph.D., and Joseph D. Chwirka. CDM 12:00-1 :00 p.m. Lunch (provided) 1:00-4:4511.m. TREATMENT TECHNOLOGIES SESSION (continued) Moderator: Malco/m D. Siegel, Sandia National Laboratories 1:00-1:30 p.m, From Point of Use (POU) to Centralized Arsenic Treatment: A Small Water System Case Study \~ J, Mitchell Spear, Charles A. Cold. Ph.D.. Yuefeng F. Xie. Ph.D., and Alison Shuler. Penn State Harrisburg I :30-2:00 p.m. Development and Evaluation of Innovative Arsenic Adsorption Technologies for Drinking Water ~ by the Arsenic Water Technology Partnership Malcolm D. Siegel and Paul McConnell, Sandia National Laboratories: Albert llges and Hsiao-wen Chen, Awwa Research Foundation; Abbas Ghassemi and Roseann Thompson, WERe: A Consortium for Environmental Education and Technology Development 2:00-2:30 p.m. Early Status of Sandia's Rural Arsenic Outreach Program James Krumhansl, Ph.D., Sue Collins, Kathleen C. Holt, and Paul McConnell, Sandia National Laboratories; Heather G. Himmelberger, PE, and Susan R. Butler, New Mexico Tech 2:30-3:00 p.m. Development and Commercialization of EnviroScrub's Arsenic Media Richard Michael Boren, EnviroScmb Technologies COIl'. 3:00-3:15 p.m. Refreslunent Break 3:15-3:45 p.m. Compact Point-of-Entry System for Arsenic Removal Paul Sylvester, Ph.D, Teresia Moller, Ph.D, and Owen Boyd, SolmeteX Inc. 3:45-4:15 p.m. Assessment, Disposal, and Stabilization of Arsenic-Bearing Solid Residuals Wendell P. Ela, Ph.D., Eduardo Saez, Ph.D., Amlan Ghosh, Ph.D., and Muhammed Mukiibi, Chemical and Environmental Engineering, University of Arizona 4: 15-4:45 p.m. Regeneration and Reuse of Spent Resins Used for Arsenic Removal Peter Meyers, ResinTech Inc. ~ '-" ",,)\?,,;Yi~~~~~;~~t~~i~;s . " ",,,,",,~ ...,..J:O'BE':A LEADER 'IN"YOUR'oISTRICT' \ ;-;;-;;O,:f: .";'/,~~ ',)~{ :;':1..': ,.,',,~),\. ':v"/ :~::".. ^ ..".,: - ;_.<",;.,"':~\ '~f(. .;"". . ..."~,: . ';.:;" ~::~,. ;. . . ""_M..,.,s.,,,,''IJ~'J.~A' ""'l,,,,,:.,,.. ~,:,~. Y'1""I'<' ~,.. ;;.~~, ~\II<"1'!~"" ?....".,.,'''''.-<:1't. ;""',~ J,:",,,,,,,-~ '.P.io''''-', ,.0)<,... .~- "" v', >, " . '. ., , ',' ",,:,;;,:';~?2€G1M~tEtE.tlfaRDATetf:'sEMIN~ u../.... ~ ~ <' .~^~".::.. '~~.Ki" _r""}.-'1>;.,~.,.$ Z\"1,~~:;.l,,",-\ ~"':'''' "I" ~ - ~"}"y.' ':,\ ",~', ..~'...~ ~,,-~.~ "". %;""'~ ',:- " ..... I - \~,.,''', ':#' - . ~ ...-; >',' ,~, ",_"" _~~ ~ ;...;" ",,:;' (;.-'"0'. /4. <'_<~';' '...x,~~f,,<"'_';".f"'y-e,:"{jtV.,,<),,t";: ""~ if1;., '>~<'^~~* i1-".'''';;,~\"",v:( :;J' ~ :~ ~" \' :;/',~'1t"lf."".....;~., ~~,~ 'j -' ,.....~ '- "~" , . ,'" f;d.' "''''.' ""!6'-- ., 2">>'" "''''0''''' "",~1r" ",-<":' ''''';'~~'p.'''' ". 'H' ' ''-'T'fAft'"'''''~'':''''#/''; .", :,"," : '. ," h;, ,~- ,,;~.~~H.!~~t. \"";l;~~, ,qPl?,::~~t!_}~~~Y:~i~~~~~!~~,~'..JEJt~;"::"o,feA~r~~~'l9' !~&~~!,fC?rhla . "'''"'''''Y~'~-''il::,,~~,.!tj'''''. ,~.~~~="" ~~~"""',," "'ffl!'f?,,~,1tiiij -'i\11'i,.jt"'" " ,,"'" , _.':;; M ~_".,.,.~."'.fIX.;:..'t.....-;:~I.''lg'~..4...,.... ,:>t'>"~~"',<'=:;~~."'-~"'S'..,;:J..:.:rf_"',t~l'l'.""'1.O' ". ~,,',,~~"'~;,..::.>,.--'" "",,~;;j,..:.!~::(.l,:i:-',,, ,71,iJ./'-'::':>l; I,.' ~';. ~.::." .,,'." ....,:..,,.. 'y' . .. '.,' WHOSHOl1LPATTEND:.. . . '..". .,'. .,' .,., . .. ." . .. A n1l1st-atti=nd seminar for newly-elected officialS: , ' , Aiso,for Manag~rs,Board S~c~etaries andstaffMembeTs pf " special districts, cities, counties and non-profit organizations. "." . ". . . . . , , ATiupdated refresher seminar for experienced birectors and Managers. '. ' WHAT YOU WiLL LEARN: Oneof a three-seminar series designed to proVide you with the tool.s needed to deal with the difficult challenges facing your local government agency. Thissemlna~ incorporates the late;t inform~tjon;techniqlles , and insights into solving tociay's governaTice.cha'llenges: ' '.",' . .. . - . . ' . .., : .... '. . ". . '. . ..... . '. "," SENIINAR VALUE PACKAGE: .,.. ". . .- ." .. ..... .;. "'.. . . .".. '. . .... . .......;. .... ~top:i1ot~h speakers, experts in their respective fields, . " ""'thosenfor tl)eirknowledge ofta1ifomia~overnment ; " an.d their eXPerience iniNorking with special districts , :aTldlocalageriCies ',', ",' ',",', '.' ,if>.' comTJletetll;;i~ulurri packedWitl1 up-t6-datelopical; ,.',' "',i:nfoTrr1atio~~elevanttokjcal govet1)men~.:;, ',' ;";" ',., ~C;9mpfe h en slve, practical h a ndhook; cbrii:~iiiiilg triateria'Js' < .' .,,:,frbmeachjJr~se1itation, retail val1i~$io()> .' " " ,," . ,< ,"': ~Certjficate p'n:>gramiTl:Special DistricUeaq.ershipahd '" . . ", 'M~;'agemeTlf; rep1esentlng bver three decade.sof ,.,', ' " "'development:in response to continuing~'tui:ationrieeds :,. ' ~9J1alit)iresoft:styleh()t;ls ',',' .':,' ,'"",: ,,' " ,,'.. ',,', ",.,,", ,~Dailybreakfa.st;fun lUTich'and refie5hm~rit breakS included;,' ... . . ". . ,... ... .... .... .... .. PRAisEFRO^^PASTl'~RTICIPANTS:; " ",' , , "These sessions have helped me enonnously to:understand and clorljy ,myrpie, limitations and eXPectations as a newly elected officidl.'" . . . .. . J:S,,~ast Palo Alto S<tnitiuyDistrict '."', ',' ,... ': , ' "I've never found anything like .this in ci book or classroom. Specialized training/or special districts." , , T.B., Water Replenishment District of Southern California "The best conferences, you can use the infonnation not only as a; Board Member, but in business h'fe and personallife. " D.D., Vallejo Sanitation and Flood Control District "Finally, a seminar where instructors are well experienced in their subject matter - would encourage attendance." D.M., Lakehaven Utility District "This Governance Seminar provides valuable infonnation for man- agers and board members of special districts. " B.H., Anderson-Cottonwood Irrigation District '~s a new General Manager, I found SDI seminars invaluable, they educated me on what it is to be a good G.M. " 5.8., Rossmoor/Los Alamitos Area Sewer District REGIs:tRATION&C()NTINENTAl.SRE,A.KFAST ..'.' , ,.""CONTINENTAl BREAKFASt l7:4S-S:15 a.m. ',.":., " S:oo-8:3oa.m. 'PERSIPECTIVES: " , ' ,,'.... "LAW: : INTRODUCTION TO GOVER~ANCE ',' ',"., > .'" WHAT YOU NEED TO KNOW ABOUT LOCAL , , ,Glenn M. Reiter, Reiter Lowry Consultants ' GOVERNMENT LAW ,WHERE SPECIA(OISTRICTS ARE TODAy.'.." Jeff Ferre; Best Best and Krieger" ' ' Dr. Stepherl Morgan; O~acle(Coq,o~atioit) , ' . Clarifying the powers of the Board and the agency' . Tracks historical criticism'6f spedal diStricts ,... . Avoiding confli~ts .0: interest. . . ~Attemptsat takirigfunds, consolidatiiig,Or ..' Your personal lIabIlIty as a publIC officIal. . " , privatization of districts. , , ,,', """".' . Where does the Board stop and management begm? , . ' . Future 6f specialdistTict~ ',,', ' ", ' OVERVIEW OF THE BROWN ACT AND PUBLIC RECORDS ACT " " "." ", '. " Jill Willis, Best Best and Krieger LEADERS~'IP:.', '.. . The intent and application ofth~ acts. EFFECTIVEllISTRlcnEAD~RSHIP'-.' '." ',' ," Recent changes , , ' '. Glejm.M. ~eiter;Reiter LoJV!Y Consultarit~.' ' " .' PractiCal aspects and highlights, . . Manageme;it andleildership styles' , ,',' , ',', ~ Recent court rulings , " . HowtheBciard rela:test".thepubiic,ehiployees" ,', ,,' ," ,',' ' , . ,,', 'a:r"d()th~igqy~!nrneWts.',';' " " . " ".'.' POLITI~S:, " " . "',, , , " '. De'ali;ig~iith'~orriplex issues".>. ' ,'..., " "" ETHICS iN GOVERNMENT-'-CREATINGAN ETHiCS" . Working with diiruptlveBoaTd.'m~mbers "PROGRAM FOR YOURAGENCY', '" ',',' " .' . ,. ."' ":"' . '" . ~ '.:':'. !.; '":'.. ,",".:.. . .,. .: '. : .' .. ." ': . ". , PLANNINdyoU~ DISTRI<+SFUTURE' "'. ,,', , ,', l<aren 9o'rman, Los Angeles.County ',," '~>'Ro~ert Rai1i:h;~~u.i:1iAp~ihu.ni~~#()i1c()li~uitani:~iLLC , " ".'"., ',. M~troJ.1olitCm Tra~portation Authority' ',' '"Creating~:mis5jciii :and~stTat~giG\J\siciii'fciryoUrag~ncy.' . Devel~'pan e:~lcal agency culture . ,: Ideiitifyingth~pribrityjssu.es',;..."'.'.' ,,', ',' , . Esta~l1sh pohcles and procedures '.', ," ",". ',' 'IrrljJlementinggoalsand,bbjestlves;tJie'adion pla:ri " . Educate em)lloyees ,and managers. " ',,'. ASsuriilgyotir ag~ilty'sfuture.:>'i ' '...,'" ""., ".",.Enfbrc~ment. ',",' , YOUI~ ROL~ INHU~N'k~~b~~c~s:" , '". .". "COMMUNICATION: "','" ',lrmaRod,;g~ezMo~sa~Li~6,ertCassidYW[titn1ore" 'IiUILDllilG EFFECTIVE BOAR6~MAIiIAGER RELATIONSHips, . Labor an'Ct~n'!,ploymeiifrawissues: ,,'; ",'".,., ' "..Rob~rtRauch, Rauch Comnzunication ConsultimtS;iLC' ," ' .,Employerliabllityforharassmeilt ' >' ',",' "., ' , " "..', " , "L"b' l:t':," ",'., ,',,', ", ',RoleoftheDiredor,roleofthemanager-maintaining .. a one ,t IOns ' , , th .. ht b 1 ' ' " , , , .... ' . , , ' ' ',' '. e ng a ance " , ' ,.., ,: ' .' .. 'FINANCE::,:" ,', ':, ...,,:,.Improving communicatioiis between Board members, , ,:.::,', ' ,"""', ' " ' and between the Board and the manager , MANAGIIiIGYOUR FINANCIAL RESOURCES . Settling differences and working together Gleim M. Reiter, Reiter LOW!Ji Consultants ' , ' , ", v fid ,,'i',," ".b.l.ty".'fi' "1" . h"t' ,BUILDING COMMUNITY SUPPORT -..OUT uClary responsl ,11m nancla overs19, .' ..' Th' . b 'f t' '- 'B' , d' fi . 1 " " " t ' Martm Rauch, Rauch Communication Consultants, LLC - ejo 0' lie oar m nancla'rrianagemen ' > " . . . _ The treasurer's job' ' , ,', . Gam.pubhc s~pport for controversl~l projects . Budgets and reporting, " , . Turn~ng th.e tIde when.y~ur agency IS under attack . The Board's role in monitoring' and control . Dealmg Wlth vocal actIVIst groups , " . Guidelines for working with the press HOW DOES YOUR AGENCY MEASURE UP? A SELF-ASSESSMENT TOOL ~ "~I Speakers' Panel I,m ~;;... ~\6'-~~"-' , "1:30 a.m. -12:00 p.m. , 1:00p.m.'- 3:30 p.m. " ' , , / -"'vORKSHOI~: BROWN ACT SESSION:CONFUCT OF INTEREST LAW AND PUBLIC RECORDS ACT Jill Willis; Best Best and Krieger Janet Morning!;tar,a Law Corporation, (MCtE Credits - PENDING) (MClE Credits - PENDING) 1:00 p.m.- 4:00 p.m., . Adjoumed, committee and special meetings SESSION: TH E BOARD SECRETARY . . Rules for closed sessions, recording meetings Donna Bartlett-May, Helix Water District and agendas . Board Secretary's role' . Your liability as a public official ' . . Better agendas and mimites :,.., . How to live within current laws . Controversial Board )'lieetings ,,. . New Board member orientations , . IRMA RODRIGUEZ MOlsA is a Parmer With Liebert Cassidy Whitmore. ' Irma is an expert in handling employment discrimination, wrongful , " tennination,and sexual harassment lawsuits. She handles disciplinary '," hearings, arbitrations and negotiations on behalf of the Firm's city and ,. " special district clients. Inna has co-authored "The Uncertain Contours of" Vested Benefits Doctrine" in the Califoniia Public Employee Relations ' periodieal of the, Institute of Industrial Relations, U.c. Berkeley. She 'aJso , provides training f~r the firm's clients; . '" " ,DR. STEPHEN MORGAN is'an Application Analyst in Govemment ,','.,'." , Financials for"Oracle, A director and past president ofthe San Ramon: .,'. i" Val1ey,Fire Protection, District, Dr: Morgan ,is a recognized expert whe hM.' . condu~ted extensive research "hi."special district consolidations and'~:,: ".. :./" 'pnvatiiatlon.issues: Dr. Morgan 'isa le'cturer at the Ul)iiiersity of " :.. :Southern Califen'li;>. and at California State University;, In '996, he,.., .,>., " received,his Doctorate in PubliC Administration with, an emphasis in.:;;"...' " Public Finance and Ihtergovemmental'Relations. Dr: Morgan receivedNs"", , , ", ,', " " ",. MA.in Pi.tblitAdministrationfrom,CalifoT!1iastate HayWardandaBAin: 'DONNABARILETT-MAYserves astheBoaid Secretary' at the Helix,., Histo,yfrom the University of California, Berkeley. ' ' ", Water, Dismct ihLa Mesa, California. Donna has worked iri the , ' ,,":. .," "" ' '.'",.. "', wateriridustryfor 30 years: She Was previouslyth~Board",' ' ., JANET MORNINGSTAR IS m pnvate practICe, DBA Janet Mor~:lIn~star, ;>..La,:" : :Secretary and Government Affairs/Public Informatiori Offic,er for" COTp?ratJOn. She IS Gen"r:>l Counsel J~r R?wland Water DIstrict and. , . .' ',' the OtayWater District'ln addition to" , ',nga' "t' 1," SpeCIal Counsel toMumClpa1 Water DIstrIct of Orange:Cou,nty. ,', ,',., , ' ", "superVl ,I s,ecre arya, Pr' 1 Jt P rt ' .th M C' . k K'dtn & B h . LL~ ' staff a d her Board Se r t d ties t H r' h f th'" " eVlOUS y, ane was a a ner WI c ann1C, I ,an e, rens, '" n cearyu a e1x,seperorms eJ th 6 ., d'" ' ....'b'd. fl I" I '1 t" t k' fu cti 0 h" B hI "b' . ," ane' aSOVe!'yearsexpenencema Vlsmggovernmg' 0 leso oc.." egIs a Ive ra~ I.ng .n on.. onna as... ac e ors ogree,)n"" ,agencies and special districts in such areas, as the Ralph M. Brown Acto'the' ' Busmess Admm1stra~JOn and 1S a past Pr~sldent and current" , , ,Public Records Act, and the California-Environmental Quality Act. Janet. ' . Natural Resource~ Dlrector for-the San Dlego ,~!'lst C,?u":!ty. ..... >- earned"her JD from the University of Southern California. .. leagu~ of Women Voters~ .' '.' . . .' . " ',,',' , " ", .',.. ,',' MARTIN RAUCH is a senior consultant with Rauch Communication JEFF FERR~ is a Pa~l1e.r in ~hePub1ic LaV':' Dep~rtment of Best '", Consultants. He leads a team that has developed and conducted ,,' " Best & Kneger, LLP s RIVerSIde office..He 1S Cha1nnan of the finn s, customized strategic outreach programs for special districts across the " , Natural Resources Practice Group and serves as General Counsel : state as wen as strategic planning for local governments. to the Lake Arrowhead Community Services District and the' " , ' Twentynine Palms Water District. In addition, he serves as Deputy ROBERT RAUCH is a s"n!or c?nsultant with R~uch Com,,:,unication General Counsel to the Hi-Desert Water District and the Big Bear Consu1~ants. He .'peClahzes m plan~l~g and Implementmg foc;,sed , City Community Services District. Mr. Ferre's practice areas include pubhc I,;formation .progra~s, proVldmg n;anagement consu1tin~, and the Brown Act, CEQA, conflict of interest laws, finance/rates and conducting strategIc planmng retreats. WIth over 30 years expenence, charges and public works construction. He received his JD from Mr. Rauch has served as a consultant to the WhIte House. the University of the Pacific, McGeorge School of Law. GLE~IN M. REITER is a Principal with Reiter Lowry Consultants, an engineering, KAREN GORMAN, a fonner deputy trial counsel with the State Bar computer, and financial consulting finn. He has over 4S years experience of California" heads the Metropolitan Transportation Authority's in local government. Mr. Reiter has been General Manager, Chief Engineer , Office of Ethics and Lobby Registration. The Ethics office consults and a Director. He specializes in financial planning, the setting ofrates with Board members, employees, lobbyists and others regarding and fees, including the financing of capital improvements. " MIA Codes of Conduct and Lobby Registration Ordinance. JILL WILLIS is an attorney with the law finn of Best Best & Krieger, where ~deputy trial counsel for the State Bar beginning in '990, she is a member of the Special Districts Practice Group and the Natural onnan prosecuted attorneys charged with violating the Rules Resources Practice Group. She does general counsel work and also acts as of Professional Conduct. She also counseled attorneys on ethics, special counsel on water rights issues for numerous public agencies, taught ethits, managed an attorney substance abuse program including special districts, throughout Southern California and on the she created and negotiated discipline agreements. She supervised Central Coast. In addition, she regularly teaches courses on water law at the a staff of 'Paralegals, investigators and clerks. University of California, Riverside Extension. Over the last several years, she has given presentations at a variety of conferences throughout California on ethical considerations for public agency clients and their counsel. HOTEl. INFORMATION: A special rate of $119 single/double, per room per day has been negotiated for accommodations during the event and for three days before and after the event for reservations made by January 20, 2006 (please reserve early - THERE ARE A LIMITED NUMBER OF ROOMS AVAILABLE). RESORT FEE: Currently $10.00 per room, per day includes: over- night se'lf parking of one vehicle with in/out privileges; unlim- ~ted local telephone service (as defined by applicable tele- phone service provider); free access te1ephone'connections (i.e., "800" numbers); unlimited use of fitness center; unlimited access to high speed internet in Guest Room; daily newspaper delivery; and wake-up call. PROGRAM INFORMATION: EACH PARTICIPANT RECEIVES: Comprehensive Handbook, all class materials, continental breakfast each day, refreshment breaks and lunch each day. lodging and other meals are not included. CERTIFICATION PROGRAM: Vou are automatically enrolled as a candidate faT the Certificate Program in Special District leadership and Management. Seminars can be taken in any order and completed within a three-year period. GUEST MEAL PACKAGE: Guests may join you for all meals. A separate meal package for guests must be purchased. TEAM DISCOUNTS: Attendance of groups of five or more from i, the same organization, enrolling at the same time, are entitled to a 10% discount. Not good with any other discounts. CANCELLATIONS AND REFUNDS: Written cancellation received on or before January z5, zo06 will receive a refund, less a $50 processing fee. Full payment is required if cancellation is received on or after January 26, 2006 - no refunds and no credits for a future event will be granted. However, substitutions 11ay be made at any time. $25 fee charged for checks returned '.~or insufficient funds or for credit cards denied. SDI reserves . the right to make changes in programs and speakers, or to cancel programs when conditions beyond its control prevail. Every effort will be made to contact each enrollee if a program is cancelled. If a program is not held, SOl's liability is limited to SEMINAR DISCOUNT TICKET PACKAGE: Upon seminar the refund ofthe program fee only. enrollment, a Pre-Arrival Ticket Purchase Price Information Disney Images and artwork @Disney Sheet will be sent to you with your confirmation packet. Governance Enrollment Form February 16-1 7, 2006 · Anaheim, CA (A) o $550 SPECIAL DISTRICT GOVERNANCE SEMINAR (TWO DAYS) '-' , (B) o $760 GOVERNANCE SEMINAR + ALL DAY WORKSHOP PO Box 2,117, Vista, CA 92085 Brown Act and Public Records Act and PHONE: 800-457-0237 OT 760-643-1760 SELECT ONE AFTERNOON SESSION: FAX:: 760-643-1761 o Conflict of Interest Law www.sdbmi.com . spcdistint@aoJ..com o Board Secretary's Workshop PLEASE FI LL OUT COMPLETELY (e) o $225 ALL-DAY WORKSHOP Name: Brown Act and Public Records Act and SELECT ONE AFTERNOON SESSION: Title: o Conflict of Interest Law Agency: o Board Secretary's Workshop Mailing Address: ORDER HANDBOOKS ONLY - Shipped the week after the event PLEASE ADD 7.75% TAX + ACTUAL SHIPPING AMOUNT City: (D) o $65 Order Handbook Only- Brown Act and Public Records Act State: Zip: with Conflict of Interest Law Session Phone: (E) o $65 Order Handbook Only - Brown Act and Public Records Act with Board Secretary's Session Fax: (F) o $100 Order Handbook Only - Special District Governance Seminar E-mail: MEAL PACKAGES Web site: (G) o $50 Guest Meal Packag~ for Workshop, "'st Name: (H) o $100 .Guest Meal Package for Seminar \""..1 SPECIAL NEEDS: D1SCOl!NTS - If applicable: o Wheelchair Access o Visually Impaired ~ SUBTOTAL FROM ABOVE $ o Hearing Impaired o Vegetarian Meals Other ~ Subtract 10% Discount for attendance of 5 or more from METHOD 01: PAYMENT: same District registering at the same time. (Good on options A or B only - not good with any other discounts.) $ Payable to Special District Institute ~ Subtract $25 Early Registration Discount for Options o Check Enclosed. for $ A or B Including Seminar ONLY, Must Receive Payment o Please Invoice PO# by '117/06, NOT Valid. on Workshops only. $ o Charge: 0 AMEX 0 Visa 0 MIC ~ Certification Fee ($35 - only if applicable) $ Card # TOTAL REGISTRATION FEE $ + (16 numbers + 3 numbers listed in the signature area on back of credit card) . Celebrating 36 Years of Service to local Governments Billing Address for Card: Presorted Standard City: U.S. Postage P.O. Box 2317 PAID State: Zip: Vista. CA 92085-23 J 7 Rush Printing 800-457-0237 WWI/V.sdbmi,com , lture .~ 11,1""1,1.,11"1,.1.11,>1,1,1,11,,11,,.1,.,1,,,111..1",bll Expiration Date: :15&:1 x)tx*t;*:l::t*::l:;!::*f1l1TO;~;!;3-DJ!3Jl 928 27 Mr. Robert E Martin FOR OFFICIAL USE ONLY General Manager/Secretary Manager1secretary DateR'vd ~-" Code # East ~r lIY Water District 3654 H Bh and Ave Ste 18 Cert? Inv.# Net Highlan- CA 92346-2607 Paid Ltr. Sent 08 Final Protecting the Area's Water and Environment I (. The Arid West has a unique ecosystem. There is 0~'1 minimal precipitation and most streams are ephemeral or effluent-dependent. There also are many man-made water conveyance systems. In 1992 the area's water and wastewater service providers joined together to share their talents and resources to address common issues. To this end they created WESTCAS, the Western Coalition of Arid States. This grassroots organization supports development of water and wastewater programs and regulations that assure adequate supplies of high quality water to those living in the Arid West while protecting the environment. What Does WESTCAS have to offer? Th W t C I"t" WESTCAS provides members with: a powerful presence in e es ern oa I Ion Washington, DC and In regional and state regulatory and f A "d St t I legislative decision making; an effective vehicle for 0 n a es information exchange through meetings and publications; the opportunity to help draft federal, regional, state and local W" t C f legislation and regulations about water quality and supply. In e r 0 n ere n ce What Has WESTCAS Accomplished? 21 24 2006 . Settlement of a law suit against EPA that resulted in major February · , changes in ways to administer the Whole Effluent TOXICity . (WET) Test. . Preparation for introduction in Congress, the Arid West at Water Quality Act and a stand-alone bill related to Marriott Denver City Constructed Water Conveyance Systems. . . . Approval of a Regional Arid West Water Quality Research 1701 CalIforma Street Project to develop appropriate water quality criteria and Denver, Colorado 80202 standards for ephemeral and effluent-dependent streams Tel: (800) 228-9290 and to conduct other research relaling to and areas. 0 ~ . Development of a WESTCAS Internet site ~ ~ (http://westcas.org) to promote communication and '" 5 WESTCAS as the voice of water quality in the arid West. '" ~ i WESTCAS is the Who Should Belong to WESTCAS? g .3 ;i- ~ -g V oice of Water Quality Water and wastewater service providers, including cities H ~ . g Cl . . and towns, water and irrigation districts, wastewater r::;- ~ Z. N .~ In the And West agencies, Native American nations and others concerned ~ ~ t ~ ~ . . . with management of Issues related to water and wastewater Cl '" ~ . Cl Dedicated to environmentally conscientious supply, such as attorneys, engineering firms and consulting V) '.J ~ i\1 5 ti planning of water resources and development fi <e~"'..c+-'" Irms. '.J = Cl. 00 g> ~ of water quality standards for the unique \1; 5 ;: :;:; ~ 'a ecosystem of the Arid West wot:~aE 50<e95'" TUESDAY. Februarv 21.2006 ( THURSDAY, Feb. 23. 2006 lcon.( THURSDAY, Feb. 23. 2006 ~ un 1 :30-6:00pm Board Members Strategic Planning 10:00-Noon Panel Presentation Meeting 6:00-8:00pm Percolation & Runoff; Special 'Emerging Contaminants, Including a Case WEDNESDAY. Februarv 22. 2006 Study of the South Platte River' (CO) Presentation on WESTCAS Strategic Todd Harris, Metro WasteWater, Moderator Plan - Larry Libeu Dana Kolpin, USGS Sponsored by: WESTCAS Dr. David Norris, Colorado State University Associates 1 :00-5:00pm REGISTRATION Dr. Jorge Drewes, Colorado School of Mines 8:30am-Noon Board Members Strategic Planning Pat Nelson, CH2M Hill (Denver Office) FRIDAY. Februarv 24.2006 Meeting, continued 12:00-1:30pm Lunch 7:30-1 0:00am REGISTRATION 12:00-1 :30pm Lunch on your own Keynote Speaker - Robbie Robinson Administrator, Region 8 EPA 7:30-8:30am Breakfast 1 :30-4:00pm Committee and Task Force Meetings Keynote Speaker - Denise 1 :30-2:30pm 'Climate Change and Implications for the Arid Keehner, EPA, Region 8 Legislative/Budget West' or "How the West was Warmed' Science Brad Udall, Managing Director, Western 8:30-10:30am 'EPA: Arid West Effluent and Multi- Regulatory Water Assessment Stakeholders Process' 5:30-6:30pm Board Meeting I Other panelists to be named Barbara Biggs, Moderator Denise Keehner, EPA 2:30-3:30pm Legal Updates: 'Review of Recent Legal. Paul Frohardt, CO-CWQCC THURSDAY; Februarv 23, 2006 Cases and Developments of Interest to the Bill DiRienzo, WY-DEQ Arid West' Melinda Kassen, Trout Unlimited 7:30am-4:00pm REGISTRATION Larry Bazel, Briscoe, Ivester & Bazel Mark Pifher, City of Aurora (CO), Water 10:30-10:45am Break 8:30-9:00am Welcome/Orientation Utilities Larry Libeu, President 10:45-11 :30am State and Federal Perspectives: Colorado Orientation 3:30-3:45pm Break: Chocolate Fantasia Outlook for Emerging Regulatory- Legislative Issues 9:00-9:45am Washington Report - Peter 3:45-5:00pm 'State Primacy: The Two-Headed Monster?' Arizona: Bob Hollander/Ed Curley Carlson, President, Will & Tim Moore - Moderator California: To be announced Carlson, Inc. Barbara Biggs - Colorado perspective Colorado: Steve Gunderson, Governmental Affairs, Officer, Metro Director, Colorado Water Quality 9:45-1 0:00am Break Wastewater Reclamation District Control Commission Dave McNeil - Arizona perspective New Mexico: Charlie Nylander City ofTempe Nevada: Tom Porta, NV Dept. of Steve Glass - New Mexico perspective Environmental Protection New Mexico Water Quality Control Federal Representative: To be Commission announced 5:00-6:00pm Board Meeting II 11 :30am Adjournment, Larry Libeu SEE YOU IN SAN DIEGO IN JUNE! '''''''\'''.' . ('i' fl'!""Y" . \ "'~h _.^',' .. ,.~/~:,;:.<:)/. b 'C '8.. . ~ \ ", 'i'" "" ~ "'0 \ ",,,,,",.:.';,,:'. :l f ~ '~~':'-~'~~"-" -..Q 0 ',Uo.I \ 1;,,/ii,.. , W ~ tc .. <l) \ '<~~L,~:~ . ' ~ ':P ...- u..1 .J:: ' 'fr~t~lf~- " - <X e ;.-.j ~ . ~ ...- "'~ ~ ~""> I~g \ i'j[;;;', ... :l <s> 0) ! l<l. 1'0::,>' , , ' - , ~,- _ ':lo.... \ '~!~... ,~" , 0 0 - C 0) Q.) , ?~ - ~ ^' t V 0.- ........ . 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PERMIT NO. 430 Time and Place; Thursday, March 23, 9;00 a.m. - 4;30 p.m. (registration begins at 8 a.m.) Friday, March 24, 8;30 a.m. - 12;30 p.m. at the Radisson ", I>- Hotel, 500 Leisure Lane, 5 minutes from dowtown Sacramento '\1> ..... < Regislration; $250 for Foundation major contributors ($100 or more . I>-Al . "...", annual contribution); $300 for non-contributors. Thursday-only; $175 for East Valley Watel ,-". .,,~l :;;0 , major contributors; $200 for non-contributors. Fee includes continental PR 12781 -<fTl -''1:< breakfast both days, and lunch and a hosted reception March 23. Robert E Martin :x 1>-1'11 East Valley Wd .....0 .CO' p, Hotel Reservations; We have secured a limited number of rooms at the PO Box 3427 ..... :::10 San Bemardino CA 92413-3427 c.n. 'E special rate of $84, plus tax, per night. Contact the Radisson Hotel at .'" '" 800-333-3333. Be sure to say you are attending the Water Education . .... Foundation's briefing. 1l.I.ml,I,I..lml!"lImll"I"I,,!.!I...I..I.II...I.II..1 Call the Foundation, 916-444-6240 for complete information on this exciting event or visit our web site, www.watereducation.org .. . t d f >- The premier- source for water resource information! , Tile mission of the W.ller Educ.lI;on Foundation, an impilrliilf, nonprofit ofg.1niulion. is fO create a beller undersfanding of w,ller jS~lIes and help resolve waler resource problems IIlrough educ.llional pmgr.lms. ! /';~/' /: DIRECTOR :'} MONTH OF: Y JL-~.' . \ -., Board Meetings: Conferences and Other Meetinqs Date: Organization Description Date: Organization Description Date: Organization Description Date: -- Organization Description Date:__"cyC Organizatio~ Description '~; ,.... ',^' /'" , Date:__ iX, Or9.C3ni?=?tio~wi!. Description Date:c';';"~Z;e~,'~'~~~J!!J;' i~,~ti )3~~1~~\~;:, Description . 'g;;rt' 'lWFQ:::':,"::':-: . '(~-\/:{',::'-~<:0;I;:,;;{:,,;,,;:;,';'>A,: :;:::.;/~; '",'.~:v ",'-".,:. ;::/ .. Date._---'-----=',.!=Qamz?!I!1)p...,.".,.w. "" , .. .QE:ll'cnptlon ;<;~.;l\Y:kX,-,,_~::~~t~-<.;;:,~:>\~~W1}>:';~:' '-Y~:~~"7.'Sl ~J~f~ill:2f ',ry;."y: r~'\n; , " - _.'r " Date:"?!'" "'\qrganizatiQrI ""..; '., '? oescrJption '",:, ,) :~;:2W~1::h;;~~:~Jt1,i;'}1';"':::c t',':?';' ;<;;j: :-:>f,-:r;';; ~ ; "J-' 0i:;J~.",-t~~ ~;~::::: "I' ':~:; ~~ :~:2; .,(~ :(" ::~ ~ Date:___orllcml?;~.t!gD . PEl.~~riQti211 Date:___Organization Description Date:___Organization Description Date:___Organization Description Date: ___Organization Description Date:___Organization Description ,,J )),~ '"f TOTAL # OF MEETINGS / @125.00 each_ $ :>ersonal Auto: Miles x .485 per mile_ $ Parking Fees $ rotal Lodqinas, Meals & Other: (Details on Back) $ Total Director's Expenses $~'" 3;"od M" ,.~ ~ Total Director's Meetings & Expenses $ ! 25 0 ~ ~ any Advance Payments $ /' Jate of Board P;ptlroval TOTAL DUE DIRECTOR $ lirectors Fees and Expense Report.doc EAST VALLEY WATER DISTRICT 2006 COMMITTEE ASSIGNMENTS NORTH FORK WATER COMPANY CITY CREEK WATER COMPANY Glenn Lightfoot Donald Goodin Kip Sturgeon Skip Wilson Donald Goodin Skip Wilson Steve Negrete SBVMWD LEGISLATIVE COMMITTEE Glenn Lightfoot, Primary Kip Sturgeon, Chair Skip Wilson, Alternate Steve Negrete, Co-chair Robert Martin SBVlIlCD / LAFCO EXCHANGE PLAN Robert Martin Robert Martin, Primary EVWD Kip Sturgeon Ron Buchwald, Alternate EVWD Steve Negrete Arnold Wright, Primary North Fork Kip Sturgeon, Alternate North Fork :UPPI~R SANTA ANA RESOURCES ASSOCIATION Robert Martin, Primary EVWD Skip Wilson, Alternate EVWD Robert Martin, Primary North Fork Kip Sturgeon, Alternate North Fork ]REAI~ ESTATE ARCHITECTURAL Skip Wilson Don Goodin Glenn Lightfoot Steve Negrete Robert Martin Robert Martin James Morales, Advisor Ron Buchwald ,Jim Cimino, Advisor Justine Hendricksen Matt LeVesque, Advisor )pUBUC OUTREACH CUSTOMER SERVICE Don Goodin Skip Wilson Glenn Lightfoot Kip Sturgeon ,Justine Hendricksen Brian Tompkins Justine Hendricksen 0 EAST VALLEY WATER DISTRICT HIGHLAND SYSTEM MAIN LEAK SUMMARY 2005 MONTH 1999 2000 2001 2002 2003 2004 2005 JANUARY 2 0 4 3 2 1 5 FEBRUARY 1 0 1 1 2 2 3 MARCH 2 1 4 2 3 0 6 APRIL 0 0 4 6 2 8 3 MAY 0 0 3 3 2 3 1 JUNE 0 3 7 6 4 1 2 JULY 1 2 2 '9 7 6 4 AUGUST 1 4 8 4 6 5 3 SEPTEMBER 2 5 2 7 3 9 4 OCTOBER 2 6 5 2 4 5 1 NOVEMBER 3 3 1 2 5 10 1 DECEMBER 3 2 2 4 2 6 5 TOTAL 17 26 43 49 42 56 38 5.1.1W EAST V ALLEY WATER DISTRICT MAIN LEAK SUMMARY 2005 MONTH 1999 2000 2001 2002 2003 2004 2005 JANUARY 4 1 7 1 3 1 4 FEBRUARY 9 3 1 1 0 3 0 MARCH 6 8 2 0 4 3 0 APRIL 1 4 6 3 2 2 1 MAY 4 1 7 2 5 4 3 JUNE 5 8 4 1 5 1 3 JULY 4 8 8 2 1 3 0 AUGUST 8 2 5 0 3 3 2 SEPTEMBER 6 5 1 0 2 2 0 OCTOBER 2 3 1 3 0 3 1 NOVEMBER 5 2 1 6 3 7 2 DECEMBER 2 5 5 4 5 4 1 TOTAL 56 50 48 23 33 36 17 5.1W