Apple Valley City Council
April 11, 2023

APPLE VALLEY TOWN COUNCIL
AGENDA

Tuesday, April 11, 2023, 6:30 p.m.

Council Chamber

PLEASE SILENCE CELL PHONES UPON ENTERING THE CHAMBER
THIS MEETING IS BROADCAST LIVE AND VIEWABLE ON FRONTIER CHANNEL 29 OR CHARTER SPECTRUM CHANNEL 186 AND LIVE STREAMED ONLINE AT APPLEVALLEY.ORG.

EFFECTIVE FEBRUARY 28, 2023, THE STATE OF CALIFORNIA, COVID-19 STATE OF EMERGENCY HAS EXPIRED. THE TOWN OF APPLE VALLEY WILL CONTINUE TO SUPPORT

PUBLIC COMMENTS FOR INDIVIDUALS NOT PHYSICALLY PRESENT AND STILL WISHING TO MAKE PUBLIC COMMENTS. PLEASE EMAIL YOUR COMMENT TO
[email protected]. COMMENTS SHOULD BE SUBMITTED BY 12:00 P.M.

ON THE MEETING DATE TO BE INCLUDED IN THE RECORD.

The meeting will occur in the Council Chamber located at 14955 Dale Evans Parkway in Apple Valley, California.

This is an agenda for the scheduled meeting of the Town of Apple Valley.

This agenda contains a brief description of each item of business to be considered at today’s meeting. In accordance with the Brown Act, this meeting agenda is posted at least 72 hours prior to the regularly scheduled meeting. The agenda, its supporting documents and all writings received by the Town Council related to these items are public records and available for review during regular business hours in the Town Clerk’s office in the Town Council Chamber. The agenda and its supporting documents, along with live and archived video of the meeting, can be viewed online at http://www.applevalley.org. However, the online agenda may not include all available supporting documents or the most current version of documents.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Town Clerk’s Office at 14955 Dale Evans Parkway, Apple Valley, CA during normal business hours. Such documents are also available on the Town of Apple Valley website at www.applevalley.org subject to staff’s ability to post the documents before the meeting.

Items listed on the Consent Calendar are expected to be routine and non-controversial and, unless the Town Council directs that an item be held for further discussion, the entire Consent Calendar will be acted upon as the first item of business. If the Town Council directs that an item listed on the Consent Calendar be held for further discussion, the item will be addressed immediately after approval of the Consent Calendar.

In accordance with the Rules of Procedure, members of the public may address the Town Council on any item on the agenda and on any matter that is within the Town Council’s jurisdiction. To address the Town Council regarding an item, complete and submit the yellow card entitled Request to Speak.

Please indicate on the card whether you are speaking under Public Comments or on an item that is listed on the agenda and please list the item number.

No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of the Town Council/Redevelopment Agency or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3.

When called, approach the podium and if desired, please state your name before giving your presentation. Speakers may address the Town Council for up to three (3) minutes. Speakers are to address the Town Council as a whole through the Presiding Officer. Comments to individual Council Members and/or staff are not permitted.

Individuals, who demonstrate disruptive conduct during Town Council meetings that prevent the Town Council from conducting its meeting in an orderly manner, are guilty of a misdemeanor as stated in PC403, disrupting a public meeting and are subject to removal from the chamber or arrest.

The Town of Apple Valley recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Town Clerk’s Office at (760) 240-7000 two working days prior to the scheduled meeting for any requests for reasonable accommodations.

Pages

1. Call to Order

2. Opening Ceremonies

2.1 Invocation
Pastor Josh Gerbracht - First Assembly of God Victorville

2.2 Pledge of Allegiance

2.3 Presentations

2.3.1 Mayor's Weight Loss Challenge Winners - Andy Shoup, Senior Recreation Supervisor

3. Public Comments

4. Councilmember Committee/Commission/Community Participation 6 Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

5. Town Council Announcements

5.1 Suggested items for next Agenda

5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - April 25, 2023 - Council Chambers Regular Session at 6:30p.m.

6. Town Council Consent Agenda
Recommended Motion:

To approve the Consent Calendar items numbered 6.1 to 6.7 as recommended.

6.1 APPROVAL OF MINUTES 8
That the Town Council approve the subject minutes as part of the consent agenda.

6.2 MARCH 2023 COMMERCIAL WARRANTS AND WIRE TRANSFER

SCHEDULES
14 That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.

6.3 MARCH 2023 PAYROLL/BENEFITS WARRANTS SCHEDULE 35
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.

6.4 OPTING INTO FIVE ADDITIONAL NATIONAL OPIOID SETTLEMENTS 37 It is recommended that the Town Council adopt Resolution 2023-11, authorizing the Town Manager to:

Opt into settlement agreement with opioid distributor, Walgreens Co., and direct the Town Manager to execute any documents necessary to implement the action.

1. Opt into settlement agreement with opioid distributor, Walmart, Inc. and direct the Town Manager to execute any documents necessary to implement the action.

2. Opt into settlement agreement with opioid distributor, CVS Health Corporation/CVS Pharmacy, Inc. and direct the Town Manager to execute any documents necessary to implement the action.

3. Opt into settlement agreement with opioid manufacturer, Teva Pharmaceutical Industries Ltd., and direct the Town Manager to execute any documents necessary to implement the action.

4. Opt into settlement agreement with opioid manufacturer, Allergan Finance, LLC/Allergan Limited and direct the Town Manager to execute any documents necessary to implement the action.

5.

6.5 ADOPT RESOLUTION NO. 2023-10, A RESOLUTION OF THE TOWN

COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA,

AUTHORIZING EXECUTION OF A SURETY BOND TO MEET THE

FINANCIAL SECURITY REQUIREMNET FOR APPLE VALLEY CHOICE

ENERGY COMMUNITY CHOICE AGGREATION PROGRAM
78 Staff recommends that the Town Council adopt Resolution No. 2023-10

6.6 BEAR VALLEY ROAD BRIDGE OVER THE MOJAVE RIVER
REHABILITATION PROJECT: PURCHASE AND SALE AGREEMENT
WITH SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT –
APN 0444-121-18
92 That the Town Council approve the Purchase and Sale Agreement (PSA) with San Bernardino County Flood Control District for the Bear Valley Road Bridge over Mojave River Rehabilitation Project, subject to approval as to form by the Town Attorney and as to content by the Town Manager, and authorizes the Town Engineer to execute the PSA.

6.7 ACCEPT THE FINAL MAP FOR PARCEL MAP NO. 20440 156
Move to accept the final map for Parcel Map No. 20440.

7. Public Hearings

8. Business of the Council

8.1 APPLE VALLEY ANIMAL SERVICES DISCUSSION AND PROVIDE

DIRECTION
165
Provide direction to staff as needed.

8.2 TRACT MAP NO. 17247 REQUEST TO ALLOW OVERHEAD POWER LINES
171
It is recommended that the Town Council provide direction to staff regarding the request to allow overhead utility lines to serve Tract Map No.17247.

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update

11. Closed Session
Recommended Motion:

To Adjourn the regular meeting to move into Closed Session at TIME to discuss the following:

11.1 CLOSED SESSION 180
NEGOTIATIONS WITH REAL PROPERTY NEGOTIATOR –
Parcel Numbers: 0472-342-14 and 0472-342-15, vacant
parcels located north-west of the intersection of Waalew Road and Dale Evans Parkway, Apple Valley CA; Negotiating Parties:

Moon Yun; Town Negotiator(s) -Town Manager, Town
Engineer, or Designee; Under negotiation: price and terms of payment.

1. NEGOTIATIONS WITH REAL PROPERTY NEGOTIATOR –
Parcel Numbers: 0440-085-03, 0440-085-06, 0440-096-17 and 0440-096-18, vacant parcels located at the intersection of Otoe Road and Dale Evans Parkway, Apple Valley CA; Negotiating Parties: Thanh Lai; Town Negotiator(s) -Town Manager and/or Designee. Under negotiation: Offer of exchange, price and/or terms of payment.

2. 12. Adjournment
Recommended Motion:

To adjourn the meeting of the Apple Valley Town Council at TIME.

TOWN OF APPLE VALLEY

TOWN COUNCIL SERVING ON BOARDS, COMMITTEES & COMMISSIONS

CITIZEN ADVISORY COMMITTEES

HISTORICAL ADVISORY COMMITTEE (HAC)
Mayor Pro Tem Cusack
Meets every 2nd Tuesday of each month at 9:00 a.m.,
(location may vary)

SPECIAL ADVISORY COMMITTEES
DISASTER PREPAREDNESS*
Mayor - Chairman
Meets quarterly at 1:30 p.m., Town of Apple Valley
Conference Center - Development Services Building
14975 Dale Evans Parkway, Apple Valley.

TRAFFIC ADVISORY COMMITTEE (TAC)
Mayor Nassif
As needed.

Town Council Chambers

TOWN PERSONNEL COMMITTEE
Mayor Nassif
Council Member Bishop
Meets as Needed

PARK AND RECREATION ADVISORY COMMITTEE
Mayor Nassif
Council Member Emick

AD HOC COMMITTEES

APPLE VALLEY ROAD AD HOC COMMITTEE
Mayor Nassif

VILLAGE MERCHANTS AD HOC COMMITTEE
Council Member Emick

SINGLE-FAMILY RESIDENTIAL DESIGN CRITERIA

AD-HOC COMMITTEE
Council Member Art Bishop
Council Member Kari Leon

AGENCY - BOARDS/COMMITTEES &

COMMISSIONS

CALIFORNIA JOINT POWERS INSURANCE

AUTHORITY (CJPIA)
Mayor Nassif – Director
Exec. Committee meets every 4th Wednesday of each
month at 7:00 p.m., La Palma, CA.

CAL CITIES/DESERT MOUNTAIN DIVISION (DMD)
Mayor Nassif- Voting Delegate
Council Member Bishop – Alternate
Meets as needed, rotating cities.

MOJAVE DESERT AIR QUALITY MANAGEMENT

DISTRICT (MDAQMD)
Council Member Leon-– Delegate
Council Member Emick – Alternate
Meets every 4th Monday of each month at 10:00 a.m.,
14306 Park Avenue, Victorville

MOJAVE DESERT AND MOUNTAIN RECYCLING

AUTHORITY
Mayor Pro-Tem Cusack – Delegate
Council Member Bishop – Alternate
Meets quarterly on the 2nd Thursday February, May,
August and November at 10:00 a.m.
at the Materials Recovery Facility, 17000 Abbey Lane,
Victorville

SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY (SBCTA)
Council Member Bishop - Board Member
Mayor Pro-Tem Cusack – Alternate
Meets 2
nd Wednesday of each month at 9:00 a.m.,
I10/I15 Corridor meets 2nd Thursday at 10:00 a.m.
1170 West 3rd St.

San Bernardino

SOLID WASTE ADVISORY TASK FORCE (SWAT)
Mayor Pro-Tem Cusack – Committee Member
Julie Ryan - Alternate
Meets as needed on Wednesdays at 1:30 p.m.

Sam J. Racadio Library & Environmental Learning
Center Community Room 7863 Central Ave. Highland

VICTOR VALLEY ECONOMIC DEVELOPMENT

AUTHORITY (VVEDA)
(George Air Force Base Reuse Task Force)
Council Member Emick – Commissioner
Council Member Bishop – Alternate
Meets every 2nd Wednesday of each quarter at 5:00
p.m., SCLA

VICTOR VALLEY TRANSIT AUTHORITY (VVTA)
Council Member Emick – Representative
Council Member Leon - Alternate
Meets every 3rd Monday of each month at 9:30 a.m.,
Victorville City Hall

VICTOR VALLEY WASTE WATER RECLAMATION

AUTHORITY (VVWRA)

Mayor Nassif – Commissioner
Council Member Bishop – Alternate
Meets every 3rd Thursday at 7:30 a.m.

VVWRA Offices

GREATER HIGH DESERT CHAMBERS

GOVERNMENTAL RELATIONS COMMITTEE
Council Member Bishop – Representative
Mayor Pro-Tem Cusack – Alternate
*These Boards, Committees and
Commissions require the Mayor to serve
as the representative.

Town Council Agenda Report
Date: April 11, 2023
To: Honorable Mayor and Town Council
Subject: APPROVAL OF MINUTES

From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Director of Government Services/Town Clerk Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council approve the subject minutes as part of the consent agenda.

SUMMARY:

A. Regular Meeting March 28, 2023

Apple Valley Town Council

MINUTES
March 28, 2023, 6:30 p.m.

Council Chamber
Members Present: Mayor Scott Nassif
Mayor Pro Tem Larry Cusack
Council Member Art Bishop
Council Member Curt Emick
Council Member Kari Leon
_____________________________________________________________________

1. Call to Order
Mayor Leon called to order the regular session of the Apple Valley Town Council at 6:30 p.m.

2. Opening Ceremonies

2.1 Invocation
Pastor Fergeson - Calvary Chapel Apple Valley

2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Kari Leon.

2.3 Presentations
Employee of the Quarter - Pamela Quick, Administrative Analyst One - Municipal Services Department

3. Public Comments
Corey Carnegie, Apple Valley, commented on issues at the Animal Shelter.

Richard Rorex, Apple Valley, Spoke about the need for a diversity of architectural styles in the Town of Apple Valley.

Veronica Golub, spoke about issues at the Animal Shelter.

Mike Ryan, Apple Valley, commented on issues at the Animal Shelter.

March 28, 2023 Town Council Meeting
2 Arlene Martin, Newberry Springs, spoke about the need for good communication.

Robin Fox, commented on issues at the Animal Shelter.

4. Councilmember Committee/Commission/Community Participation Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

Council Member Bishop commented on committee meetings and events that he attended.

Council Member Emick commented on committee meetings and events that he attended.

Council Member Leon commented on committee meetings and events that she attended.

Mayor Pro Tem Cusack commented on committee meetings and events that he attended.

Mayor Nassif commented on committee meetings and events that he attended.

5. Town Council Announcements

5.1 Suggested items for next Agenda

5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - April 11, 2023 - Council Chambers Regular Session at 6:30p.m.

6. Town Council Consent Agenda
Motion by: Council Member Emick
Seconded by: Council Member Bishop
To approve the Consent Calendar items numbered 6.1-6.3 as recommended.

Yes (5): Mayor Nassif, Mayor Pro Tem Cusack, Council Member Bishop, Council Member Emick, and Council Member Leon
Carried (5 to 0)

March 28, 2023 Town Council Meeting
3 6.1 APPROVAL OF MINUTES
That the Town Council approve the subject minutes as part of the consent agenda.

6.2 SECOND READING OF ORDINANCE NO. 565 OF THE TOWN OF

APPLE VALLEY AMENDING THE DEVELOPMENT CODE BY
MODIFYING SECTION 9.29.050 “CHURCHES IN RESIDENTIAL
DISTRICTS” AND SECTION 9.35.030 “PERMITTED USES” AS IT

RELATES TO GENERAL REQUIREMENTS,

SEPARATION DISTANCE REDUCTION, AND EXPANDING ON

LOCATIONS WHERE RELIGIOUS INSTITUTIONS CAN BE PLACED

WITH APPROVAL OF A CONDITIONAL USE PERMIT
Adopt Ordinance No. 565

6.3 RESOLUTION OF THE TOWN OF APPLE VALLEY RATIFYING
PROCLAMATION NO. 2023-02 AND PROCLAIMING THE EXISTENCE

OF A LOCAL EMERGENCY
That the Town Council ratify a proclamation proclaiming the existence of a local emergency within the Town of Apple Valley resulting from the Extreme Winter Storm.

7. Public Hearings
None.

8. Business of the Council

8.1 ALTERNATE FOR THE 2023 REGIONAL CONFERENCE AND

GENERAL ASSEMBLY FOR THE SOUTHERN CALIFORNIA

ASSOCIATION OF GOVERNMENTS (SCAG)
Nominate one Council Member as voting delegate and one Council Member as voting alternate representing the Town of Apple Valley at the 2023 Regional Conference and General Assembly.

Douglas Robertson, Town Manager, gave a brief overview of what the Southern California Association of Governments does and about their upcoming conference.

Motion by: Mayor Pro Tem Cusack
Seconded by: Council Member Emick

March 28, 2023 Town Council Meeting
4 To nominate Council Member Art Bishop as voting delegate and Council Member Kari Leon as voting alternate for the 2023 Southern California Association of Governments Regional Conference and General Assembly.

Yes (5): Mayor Nassif, Mayor Pro Tem Cusack, Council Member Bishop, Council Member Emick, and Council Member Leon
Carried (5 to 0)

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update
Douglas Robertson, Town Manager, commented on upcoming events here at the Town of Apple Valley.

11. Closed Session
To Adjourn the regular meeting to move into Closed Session at 7:45 p.m. to discuss the following:

Carried Unanimously

11.1 CLOSED SESSION
A. PERSONNEL MATTERS - GOVERNMENT CODE SECTION
54957 / Public Employee Performance Evaluation. Title: Town Manager.

B. CONFERENCE WITH LABOR NEGOTIATORS Agency designated
representatives: Mayor or designee; Unrepresented employee:

Town Manager
Thomas Rice, Town Attorney, confirmed there was no reportable action, but did inform the public that the Town Council had entered into labor negotiations.

March 28, 2023 Town Council Meeting
5 12. Adjournment
To adjourn the meeting of the Apple Valley Town Council at 8:30 p.m.

Carried Unanimously
Scott Nassif, Mayor Kiel Mangerino, Assistant Town Clerk

Town Council Agenda Report
Date: April 11, 2023
To: Honorable Mayor and Town Council
Subject: MARCH 2023 COMMERCIAL WARRANTS AND WIRE TRANSFER

SCHEDULES

From: Douglas Robertson, Town Manager
Submitted by: Sydnie Harris, Director of Finance
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.

BACKGROUND
Pursuant to the Town’s Municipal Code the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to Town policies and procedures and funds were budgeted or available to pay said demands. List of commercial warrants and wire transfers are now being presented to Council for approval.

SUMMARY
Commercial warrants were issued from March 1 through March 31, 2023 in the amount of $5,844,168.36 covering issued warrant #’s 158147 – 158742. Also, wire transfers were made from March 1 through March 31, 2023 in the amount of $66,047.50.

The claims and/or demands covered by the attached list of warrants and wire transfers were audited as to the accuracy and availability of funds for payment thereof and said claims and/or demands are accurate and the funds were available for payment thereof.

FISCAL IMPACT
596 Commercial Warrants were issued in the amount of $5,844,168.36 1 Wire Transfer payment was issued in the amount of $66,047.50

ATTACHMENTS
A. March Commerical Warrants
B. March Wire Transfer Schedule

Check # Date Vendor Description Check Total
158147 03/01/2023 008201 ABF PRINTS, INC. AVCE POST CARDS 758.03158148 03/01/2023 021342 AMAZON CAPITAL SERVICES AMAZON - CUBICLE HOOKS/HANGING FILE

FOLDERS
2,734.46
158149 03/01/2023 009462 APPLE CREEK HOMES INC. CONSTRUCTION DEBRIS RECYCLING

DEPOSIT REFUND
506.36
158150 03/01/2023 000143 APPLE VALLEY ANIMAL HOSPITAL SPAY/NEUTER 75.00158151 03/01/2023 000154 APPLE VALLEY COMMUNICATION INC AV COM - SERVICE CALL 2,212.53158152 03/01/2023 001864 APPLE VALLEY TIRE LO BOY TRAILER MAINTENACE FOR

GROUNDS
431.67
158153 03/01/2023 023051 BANNER BANK ESCROW NO. 2007 13,556.25158154 03/01/2023 000192 BATTERY MART CORE RETURN WW 67.59158155 03/01/2023 000193 RICHARD BATTISTA GRAFFITI ABATEMENT 2ND HALF OF

FEBRUARY
1,311.60
158156 03/01/2023 002298 BEAR VALLEY ANIMAL HOSPITAL SPAY/NEUTER 6,935.98158157 03/01/2023 001369 BOOT BARN, INC. BOOTS - STEPHANIE VARGAS 146.80158158 03/01/2023 001247 MICHAEL CADY RETIREE REIMBURSEMENT 277.55158159 03/01/2023 020950 CALIFORNIA PERMITS 21911 JELAN RD 751.61158160 03/01/2023 024623 CAL-STATE AUTO PARTS INC REFUND 252.77158161 03/01/2023 022905 CANYON SPRINGS ENTERPRISES JESS RANCH LIFT STATION UPGRADES 257,568.75158162 03/01/2023 000914 CAPITAL ONE ASAP 203.24158163 03/01/2023 000285 CED POOL BREAKER REPAIR 1,949.89158164 03/01/2023 000088 CHARLES ABBOTT ASSOCIATES TOWN OF APPLE VALLEY RRLP

DECEMBER FOR
115,378.00
158165 03/01/2023 002815 CHARTER COMMUNICATIONS SPECTRUM - GOLF - FEB 497.39158166 03/01/2023 018717 CHARTER COMMUNICATIONS SPECTRUM - FEB - JAMES WOODY 1,099.25158167 03/01/2023 008693 COMMERCIAL AQUATIC SERVICES POOL CHEMICALS 211.20158168 03/01/2023 000313 COOLEY CONSTRUCTION, INC ASPHALT REPAIRS @ 21381 RAMONA 16,699.00158169 03/01/2023 000777 COUNTY OF SAN BERNARDINO JANUARY CLEANUP DUMPS 155,168.32158170 03/01/2023 022495 PAMELA CUPP RETIREE REIMBURSEMENT 1,008.17158171 03/01/2023 024927 STEPHANIE DE LO ANGELES SPAY/NEUTER REFUND 40.00158172 03/01/2023 012720 DEAN HOWARD HEAT & AIR INC. TOWN HALL HVAC REPAIRS 2,045.00158173 03/01/2023 001311 DUNN EDWARDS CORPORATION DSB PAINT 196.80 Town of Apple Valley
Commercial Warrants
Month of March 2023

158174 03/01/2023 024754 EASI FILE LLC METAL FILE CABINET TO RETAIN RECORDS.
3,217.95
158175 03/01/2023 008120 ENDURA STEEL STORM DRAIN REPAIRS 252.27158176 03/01/2023 009345 FEED MY SHEEP COMMUNITY DEVELOPMENT BLOCK GRANT
5,352.92
158177 03/01/2023 024931 FLEETPRIDE, INC TRUCK 80 REPAIRS 306.07158178 03/01/2023 024528 GATEHOUSE MEDIA CALIFORNIA PH SHORT TERM RENTALS 607.29158179 03/01/2023 014300 PATRICK GEISEL PAYMENT FOR OFFICIATING GAMESPATRICK GEISEL 250.00158180 03/01/2023 000452 GRAINGER, INC. ICE MAKER 3,524.16158181 03/01/2023 001558 HAAKER EQUIPMENT CO POTHOLE TRUCK SERVICE 11,878.84158182 03/01/2023 016944 GREGORY HARVEY PAYMENT FOR OFFICATING GAMESGREGORY HARVEY 250.00158183 03/01/2023 009475 HESPERIA OUTDOOR POWER EQUIP BACK PACK BLOWER FOR GOLF COURSE 22.08158184 03/01/2023 013509 HESPERIA VETERINARY SERVICES SPAY/NEUTER 1,520.00158185 03/01/2023 000480 HI DESERT TROPHY & AWARDS LLC RETIREMENT PLAQUE FOR MONIKA

STONEHAM
293.63
158186 03/01/2023 000487 HIGH DESERT HOMELESS SERVICES COMMUNITY DEVELOPMENT BLOCK GRANT
1,432.48
158187 03/01/2023 023175 HOME DEPOT CREDIT SEVICES GOLF COURSE BREAKROOM 638.00158188 03/01/2023 023335 HOME DEPOT CREDIT SEVICES IRRIGATION SUPPLIES 113.34158189 03/01/2023 000432 HRDIRECT POSTERGUARD SUBSCRIPTIONS 484.80158190 03/01/2023 000520 IMPERIAL SPRINKLER SUPPLY IRRIGATION SUPPLIES FOR GROUNDS 348.01158191 03/01/2023 021301 JASON CHAIDEZ LANDSCAPE MAINTENANCE CONTRACT PW2021-01
17,754.18
158192 03/01/2023 022050 JAY HODGES ELECTRICAL WORK AT POOL 5,220.00158193 03/01/2023 008057 JOHN HARRISON CONTRACTING 15531 DESERT RD 92.72158194 03/01/2023 020279 JOHNSON CONTROLS DSB BOILER REPAIRS 4,274.00158195 03/01/2023 000009 KAREN KELLEY RETIREE REIMBURSEMENT 494.61158196 03/01/2023 007034 KONICA MINOLTA KONICA - FLEET - FEB 6,051.88158197 03/01/2023 006565 KONICA MINOLTA BUSINESS KONICA - BIZHUB 25 - FEB 32.33158198 03/01/2023 024759 KOSMONT & ASSOCIATES, INC PROFESSIONAL SERVICES - JANUARY 11,089.00158199 03/01/2023 022403 LORI LAMSON RETIREE REIMBURSEMENT 1,109.80158200 03/01/2023 000578 PUBLICATIONS UNIT LEAGUE OF

CALIFORNIA CITIES
MEMBERSHIP DUES FOR DESERT MOUNTAIN DIVISION - 2023
600.00
158201 03/01/2023 002187 LINCOLN AQUATICS POOL VACUUM REPAIRS 185.47158202 03/01/2023 005351 LOWE'S (LAR) GATE REPAIR - STREETS 1,058.66158203 03/01/2023 001708 KENNETH MARTIN RETIREE REIMBURSEMENT 203.29158204 03/01/2023 002622 TOM MCKEON RETIREE REIMBURSEMENT 311.62

158205 03/01/2023 015206 MDG ASSOCIATES INC LABOR COMPLIANCE SERVICES ADA GOLF
13,783.52
158206 03/01/2023 020574 CAROL MILLER RETIREE REIMBURSEMENT 495.10158207 03/01/2023 001499 LANCE MILLER RETIREE REIMBURSEMENT 129.81158208 03/01/2023 000628 MIRACLE RECREATION EQUIPMENT PLAYGROUND EQUIPMENT REPAIR FOR

SYCAMORE PARK
7,883.67
158209 03/01/2023 007007 MICHAEL MOLINARI RETIREE REIMBURSEMENT 621.19158210 03/01/2023 002368 MWI ANIMAL HEALTH MEDS 1,672.47158211 03/01/2023 000654 NAPA 69 RETURN ITEMS FROM 986968 897.22158212 03/01/2023 005971 NEOGOV GOVERNMENTJOBS.COM SUBSCRIPTION 1,054.35158213 03/01/2023 018805 NEXXSOL CORPORATION ADOBE PRO/ADOBE CREATIVE CLOUD

SUBSCRIPTION RENEWAL
9,473.22
158214 03/01/2023 001155 PACIFIC PRODUCTS & SVC LLC SIGNS POSTS - 25 1,142.42158215 03/01/2023 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00158216 03/01/2023 012232 AARON PARKER PAYMENT FOR OFFICIATING GAMESAARON PARKER 280.00158217 03/01/2023 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00158218 03/01/2023 012223 ISAAC PIEPER PAYMENT FOR OFFICIATING GAMESISAAC PIEPER 200.00158219 03/01/2023 000710 PRECISION LOCK & SAFE PADLOCKS 2,536.05158220 03/01/2023 008771 PRUDENTIAL OVERALL SUPPLY MATS AND TOWELS FOR GOLF SHOP 426.57158221 03/01/2023 000729 R&R PRODUCTS SEAT COVERS FOR THE TRACTOR 159.62158222 03/01/2023 011479 ROW TRAFFIC SAFETY, INC 50 TYPE GG TWO-WAY GREEN

REFLECTIVE RPM
123.91
158223 03/01/2023 022048 DAWN SIMMONS RETIREE REIMBURSEMENT 522.66158224 03/01/2023 014002 SITEONE LANDSCAPE SUPPLY LLC GROUNDS MAINTENANCE 1,202.18158225 03/01/2023 024926 SKECHERS USA, INC MERCHANDISE FOR GOLF COURSE 1,518.39158226 03/01/2023 000809 SMART & FINAL ASAP 511.99158227 03/01/2023 000814 KEVIN SMITH RETIREE REIMBURSEMENT 361.16158228 03/01/2023 022267 DIANNE SULZBERGER RETIREE REIMBURSEMENT 494.61158229 03/01/2023 022076 KAYLEB TABOR OFFICIALS PAYMENT FOR REFFING TO

KAYLEB TABOR
250.00
158230 03/01/2023 001602 TERRYBERRY SERVICE AWARD 549.04158231 03/01/2023 023446 THE RDI CORPORATION RDI CLOUD - USER SET UP FEE 11,979.00158232 03/01/2023 022611 JOSEPH THOMAS PAYMENT FOR OFFICIATING GAMESJOSEPH THOMAS 320.00158233 03/01/2023 024895 THOMPSON FAMILY PLUMBING 19440 RED FEATHER RD 57.96158234 03/01/2023 023872 TRACKSTAR UPGRADE FROM 125 TO 150 LICENSES 416.67158235 03/01/2023 PERMIT REFUND~ PERMIT REFUND~ 84.32

158236 03/01/2023 003478 TURF STAR INC. GROUND MOWER MAINTENANCE 726.65 158237 03/01/2023 016133 TYLER TECHNOLOGIES INC TYLER ERP UPGRADE 6,660.00158238 03/01/2023 000893 V.V.W.R.A. SEWAGE TREATMENT JANUARY 2023 285,944.47158239 03/01/2023 000166 VALLEYWIDE NEWSPAPERS LLC ORDINANCE NO 563 NOTICE OF

ADOPTION
385.00
158240 03/01/2023 016743 RICHARD VARGAS PAYMENT FOR OFFICIATING GAMESRICHARD VARGAS 100.00158241 03/01/2023 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00158242 03/01/2023 001278 VULCAN MATERIALS SHEET MIX 933.21158243 03/01/2023 000923 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES 1,770.86158244 03/01/2023 008775 WEST COAST SAND & GRAVEL, INC TOP DRESSING FOR GOLF COURSE 1,724.24158245 03/01/2023 019134 DARRYL WRIGHT RETIREE REIMBURSEMENT 684.03158246 03/01/2023 008390 ZERO WASTE USA BAGS FOR DISPOSAL 650.19158247 03/01/2023 013521 APPLE VALLEY CAR WASH JANUARY CAR WASHES 305.82158248 03/01/2023 000387 EDISON COMPANY 1/23/23-2/20/23 43.00158249 03/01/2023 000407 FEDEX SHIPPING 102.60158250 03/01/2023 000488 HIGH DESERT LASER GRAPHICS ARREOLA BADGE 9.24158251 03/01/2023 018964 TODD JERGENSEN RELEASE OF RETENTION 12,713.14158252 03/01/2023 000168 LIBERTY UTILITIES 12/19/22-2/17/23 3,271.04158253 03/01/2023 023410 ODP BUSINESS SOLUTIONS, LLC SUPPLIES 612.38158254 03/01/2023 005036 QUADIENT FINANCE USA, INC PD POSTAGE 500.00158255 03/01/2023 000787 SAN BERNARDINO COUNTY SHERIFF'S

DEPARTMENT
JULY-DEC 22 LIVESCANS 464.00
158256 03/01/2023 002055 SHRED-IT, C/O STERICYCLE, INC SHREDDING 144.69158257 03/01/2023 000909 VOYAGER FEBRUARY FUEL 18,074.85158258 03/01/2023 013692 WPONCALL WEBSITE MAINTENANCE 300.00158259 03/06/2023 NEM CASH OUT NEM CASH OUT 223.14158260 03/06/2023 NEM CASH OUT NEM CASH OUT 45.09158261 03/06/2023 NEM CASH OUT NEM CASH OUT 552.00158262 03/06/2023 NEM CASH OUT NEM CASH OUT 266.62158263 03/06/2023 NEM CASH OUT NEM CASH OUT 5.47158264 03/06/2023 NEM CASH OUT NEM CASH OUT 11.46158265 03/06/2023 NEM CASH OUT NEM CASH OUT 14.08158266 03/06/2023 NEM CASH OUT NEM CASH OUT 41.46158267 03/06/2023 NEM CASH OUT NEM CASH OUT 9.08158268 03/06/2023 NEM CASH OUT NEM CASH OUT 28.64158269 03/06/2023 NEM CASH OUT NEM CASH OUT 101.65158270 03/06/2023 NEM CASH OUT NEM CASH OUT 50.21158271 03/06/2023 NEM CASH OUT NEM CASH OUT 125.49158272 03/06/2023 NEM CASH OUT NEM CASH OUT 41.86

158273 03/06/2023 NEM CASH OUT NEM CASH OUT 55.40
158274 03/06/2023 NEM CASH OUT NEM CASH OUT 167.77158275 03/06/2023 NEM CASH OUT NEM CASH OUT 0.98158276 03/08/2023 007796 360 FREESTYLE GYMNASTICS INSTRUCTOR PAYMENT FOR FEB 23

GYMNASTICS
215.60
158277 03/08/2023 000102 ALBERTSONS LLC ASAP SUPPLIES 192.94158278 03/08/2023 002980 ALL GOOD DRIVING SCHOOL, INC. INSTRUCTOR PAYMENT FOR FEB 23'

SESSION DRIVERS ED
159.60
158279 03/08/2023 021342 AMAZON CAPITAL SERVICES HDMI CONVERTER FOR SEWER CAMERA TRUCK
213.31
158280 03/08/2023 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00158281 03/08/2023 022592 APPLE VALLEY PORTABLES DISPOSAL FOR YUCCA LOMA PARK 3,150.01158282 03/08/2023 000150 AVCOM SERVICES INC. AV COM - ANSWERING SERVICE - MAR 401.80158283 03/08/2023 024933 KRISTIANA BALLINAS HALF OF DEPOSIT REFUND DUE TO LATE

CANCELATION
125.00
158284 03/08/2023 002298 BEAR VALLEY ANIMAL HOSPITAL S/N 970.07158285 03/08/2023 003649 BECK OIL INC. CARDLOCK FUEL TRUCK 80 153.84158286 03/08/2023 REFUND OF DEPOSIT REFUND OF DEPOSIT 250.00158287 03/08/2023 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00158288 03/08/2023 016864 DON BURNELL INSTUCTOR PAYMENT FOR FEB 2023 IRON

TIGER CUBS & DOSHIN KARATE

60.20 158289 03/08/2023 024623 CAL-STATE AUTO PARTS INC SENSOR ASM ENG OIL PRESS 53.04158290 03/08/2023 000914 CAPITAL ONE ASAP 587.77158291 03/08/2023 003378 MARY ANNE CARROLL INSTRUCTOR PAYMENT FOR FEB 23 YOGA FIT
480.00
158292 03/08/2023 018717 CHARTER COMMUNICATIONS SPECTRUM - MARCH 6,459.88158293 03/08/2023 023876 CLUB CADDIE HOLDINGS CLUB CADDIE - MAR 750.00158294 03/08/2023 000087 COUNTY OF SAN BERNARDINO LIEN RELEASE 80.00158295 03/08/2023 002032 DAVID EVANS & ASSOC, INC Design of Muni Road Driveway Improvement 3,421.44158296 03/08/2023 001311 DUNN EDWARDS CORPORATION REC CENTER PAINT 407.33158297 03/08/2023 024468 DEBRA ESQUIBEL INSTRUCTOR PAYMENT FOR FEB 23'

YOUTH FITNESS TRAINING
168.00
158298 03/08/2023 000403 E-Z GO DIV. OF TEXTRON LEASED CARTS FOR GOLF COURSE 4,848.75158299 03/08/2023 018512 FIRST AID SUPPLIES ONLINE INC. ASAP FIRST AID SUPPLIES 1,140.50158300 03/08/2023 014844 FISH WINDOW CLEANING WINDOW CLEANING PUBLIC WORKS AND

FACILITIES
342.00
158301 03/08/2023 014300 PATRICK GEISEL OFFICIALS PAYMENT FOR REFFING GAMES
100.00
158302 03/08/2023 022073 GLOBAL INDUSTRIAL LLC STOLEN BOLLARD REPLACEMENT FOR HTH
495.54

158303 03/08/2023 001558 HAAKER EQUIPMENT CO #112 PARTS 435.63 158304 03/08/2023 016944 GREGORY HARVEY OFFICIALS PAYMENT FOR REFFING GAMES
125.00
158305 03/08/2023 013509 HESPERIA VETERINARY SERVICES ADOPTION S/N 1,257.00158306 03/08/2023 000501 HITT PLUMBING CO., INC. GOLF COURSE WATER LEAK REPAIR 250.00158307 03/08/2023 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00158308 03/08/2023 023335 HOME DEPOT CREDIT SEVICES STEP FOR TRUCK 69 478.23158309 03/08/2023 021301 JASON CHAIDEZ LANDSCAPE MAINTENANCE CONTRACT PW2021-01
350.00
158310 03/08/2023 020279 JOHNSON CONTROLS GOLF COURSE CHILLER/BOILER REPAIRS 8,752.00158311 03/08/2023 014262 KIMBALL MIDWEST MISC STORM DRAIN REPAIRS AND SMALL TOOLS
2,298.36
158312 03/08/2023 005351 LOWE'S (LAR) SUPPLIES 138.42158313 03/08/2023 016065 MICHAEL BAKER INTERNATIONAL YUCCA LOMA ES SRTS 8,160.65158314 03/08/2023 000634 BILL MOCHARNUK INSTRUCTOR PAYMENT FOR FEB 23

TENNIS LESSONS
180.82
158315 03/08/2023 018836 MARIA MURO INSTRUCTOR PAYMENT FOR FEB 23

ZUMBA LESSONS
231.00
158316 03/08/2023 008742 MUSICSTAR/CREATIVE BRAIN INSTRUCTOR PAYMENT FOR FEB 2023

CREATIVE BRAIN
273.00
158317 03/08/2023 002368 MWI ANIMAL HEALTH MEDS 1,192.35158318 03/08/2023 010385 MELANIE MYERS INSTRUCTOR PAYMENT FOR FEB23'

ACTING CLASSES
924.00
158319 03/08/2023 000654 NAPA PAID INVOICE TWICE 45.82158320 03/08/2023 001155 PACIFIC PRODUCTS & SVC LLC SIGN POSTS FOR 2023 SPEED LIMIT UPDATE
1,304.04
158321 03/08/2023 012232 AARON PARKER OFFICIALS PAYMENT FOR REFFING GAMES
250.00
158322 03/08/2023 012223 ISAAC PIEPER OFFICIALS PAYMENT FOR REFFING GAMES
100.00
158323 03/08/2023 000710 PRECISION LOCK & SAFE DOOR LOCKS FOR GC AND BUILDING KEYS
391.22
158324 03/08/2023 008771 PRUDENTIAL OVERALL SUPPLY BUILDING MAINTENANCE MATTS AND

TOWELS FOR GOLF COURSE PRO SHOP
465.49
158325 03/08/2023 021425 HAILEY RICHLING INSTRUCTOR PAYMENT FOR FEB 23

BALLET AND TAP
308.07
158326 03/08/2023 013524 SAMARITAN ANIMAL HOSPITAL SPAY/NEUTER PROGRAM 875.00158327 03/08/2023 012491 SCMAF SCMAF PAYMENT FOR INSURANCE 151.80

158328 03/08/2023 014002 SITEONE LANDSCAPE SUPPLY LLC GROUNDS MAINTENANCE FOR GC 8.51 158329 03/08/2023 000809 SMART & FINAL ASAP 19.25158330 03/08/2023 013956 SOUTHERN CALIFORNIA EDISON BEAR VALLEY BRIDGE UA 2030.011 36,810.81158331 03/08/2023 000846 STILES ANIMAL REMOVAL, INC. DISPOSAL SERVICE 5,490.00158332 03/08/2023 018390 SUMMIT SAFETY LLC PPE S/WW SPLIT 67.12158333 03/08/2023 022076 KAYLEB TABOR OFFICIALS PAYMENT FOR REFFING GAMES

25.00 158334 03/08/2023 024951 TAYLOR MADE GOLF COMPANY INC GOLF COURSE MERCH FOR RESALE 6,172.13158335 03/08/2023 001475 SHARI TAYLOR INSTRUCTOR PAYMENT FOR FEB 23

BATON CLASSES
232.20
158336 03/08/2023 022611 JOSEPH THOMAS OFFICIALS PAYMENT FOR REFFING GAMES
135.00
158337 03/08/2023 024935 MARISSA TORRES CUSTOMER CANCELED DUE TO SCHEDULED INDUCTION ON 3/3/23

59.00 158338 03/08/2023 003478 TURF STAR INC. ROUGH MOWER MAINTENANCE FOR

GOLF COURSE
4,774.38
158339 03/08/2023 000884 UNDERGROUND SERVICE ALERT- DIG TICKETS 251.50158340 03/08/2023 000890 CHRIS URMSTON INSTRUCTOR PAYMENT FOR FEB 23' TAI CHI
193.20
158341 03/08/2023 000893 V.V.W.R.A. FINAL SEWER PERMITS - FEBRUARY 2023 12,755.75158342 03/08/2023 016743 RICHARD VARGAS OFFCIALS PAYMENT FOR REFFING GAMES
100.00
158343 03/08/2023 016981 JONATHON VASQUEZ INSTRUCTOR PAYMENT FOR FEB 23'

SESSION GRACIE JUI JITSU
271.60
158344 03/08/2023 001278 VULCAN MATERIALS COLD MIX 493.28158345 03/08/2023 003781 WILBUR-ELLIS COMPANY LLC ROUNDUP PRO CONCENTRATE 1,150.77158346 03/08/2023 021348 WINSUPPLY GROUND REPAIRS 614.18158347 03/09/2023 000199 B B & K REDWOOD 29,709.44158348 03/09/2023 015315 CALPINE ENERGY SERVICES LP FEBRUARY SERVICES 163,375.00158349 03/09/2023 VOIDED VOIDED 0.00158350 03/09/2023 000087 COUNTY OF SAN BERNARDINO TRASH LIENS 1,281.00158351 03/09/2023 020198 RONAK DESAI FEBRUARY SERVICES 7,875.00158352 03/09/2023 000387 EDISON COMPANY 1/27/23-2/26/23 6,058.39158353 03/09/2023 021349 ENUMERATE BUSINESS SOLUTIONS PENSION & OPEB ASSESMENT 2,250.00158354 03/09/2023 000407 FEDEX SHIPPING 102.60158355 03/09/2023 000822 GOLDEN STATE WATER COMPANY 1/25/23-2/23/23 1,656.41158356 03/09/2023 019580 GOVINVEST INC. ANNUAL SUB. FEE & GASB 75 VALUATION 14,800.00158357 03/09/2023 000168 LIBERTY UTILITIES 12/25/22-2/21/23 10,241.50

158358 03/09/2023 007673 MYONLINEBILL.COM FEBRUARY SERVICES 2,051.16 158359 03/09/2023 023410 ODP BUSINESS SOLUTIONS, LLC SUPPLIES 603.76158360 03/09/2023 000839 STATE OF CALIFORNIA- D.O.C. SMI QE 12/21/22 1,312.12158361 03/09/2023 000171 TOWN OF APPLE VALLEY MARCH SEWER SERVICE 413.34158362 03/09/2023 002855 U.S. BANK CORP. PMT SYSTEM FEBRUARY CAL CARD 36,408.15158363 03/09/2023 TRASH REFUND 22644 EL CENTRO RD REFUND 52.91158364 03/09/2023 021170 HEATHER CONLEY PETTY CASH 25.00158365 03/09/2023 NEM CASH OUT NEM CASH OUT 775.14158366 03/09/2023 NEM CASH OUT NEM CASH OUT 31.56158367 03/09/2023 NEM CASH OUT NEM CASH OUT 22.95158368 03/09/2023 NEM CASH OUT NEM CASH OUT 95.97158369 03/09/2023 NEM CASH OUT NEM CASH OUT 9.00158370 03/09/2023 NEM CASH OUT NEM CASH OUT 28.26158371 03/09/2023 NEM CASH OUT NEM CASH OUT 12.44158372 03/09/2023 NEM CASH OUT NEM CASH OUT 123.19158373 03/09/2023 NEM CASH OUT NEM CASH OUT 25.86158374 03/09/2023 NEM CASH OUT NEM CASH OUT 28.56158375 03/09/2023 NEM CASH OUT NEM CASH OUT 66.30158376 03/09/2023 NEM CASH OUT NEM CASH OUT 70.56158377 03/09/2023 NEM CASH OUT NEM CASH OUT 99.57158378 03/09/2023 NEM CASH OUT NEM CASH OUT 55.87158379 03/09/2023 NEM CASH OUT NEM CASH OUT 10.81158380 03/09/2023 NEM CASH OUT NEM CASH OUT 87.54158381 03/09/2023 NEM CASH OUT NEM CASH OUT 45.42158382 03/09/2023 NEM CASH OUT NEM CASH OUT 43.06158383 03/09/2023 NEM CASH OUT NEM CASH OUT 50.80158384 03/09/2023 NEM CASH OUT NEM CASH OUT 393.92158385 03/09/2023 NEM CASH OUT NEM CASH OUT 76.03158386 03/09/2023 NEM CASH OUT NEM CASH OUT 33.27158387 03/09/2023 NEM CASH OUT NEM CASH OUT 40.35158388 03/09/2023 NEM CASH OUT NEM CASH OUT 138.44158389 03/09/2023 NEM CASH OUT NEM CASH OUT 22.68158390 03/09/2023 NEM CASH OUT NEM CASH OUT 18.18158391 03/09/2023 NEM CASH OUT NEM CASH OUT 29.34158392 03/09/2023 NEM CASH OUT NEM CASH OUT 81.41158393 03/09/2023 NEM CASH OUT NEM CASH OUT 150.74158394 03/09/2023 NEM CASH OUT NEM CASH OUT 46.45158395 03/09/2023 NEM CASH OUT NEM CASH OUT 28.18158396 03/09/2023 NEM CASH OUT NEM CASH OUT 4.72158397 03/09/2023 NEM CASH OUT NEM CASH OUT 8.84

158398 03/09/2023 NEM CASH OUT NEM CASH OUT 98.51
158399 03/09/2023 NEM CASH OUT NEM CASH OUT 66.19158400 03/09/2023 NEM CASH OUT NEM CASH OUT 18.03158401 03/09/2023 NEM CASH OUT NEM CASH OUT 191.82158402 03/09/2023 NEM CASH OUT NEM CASH OUT 93.78158403 03/09/2023 NEM CASH OUT NEM CASH OUT 53.53158404 03/09/2023 NEM CASH OUT NEM CASH OUT 73.92158405 03/09/2023 NEM CASH OUT NEM CASH OUT 171.62158406 03/09/2023 NEM CASH OUT NEM CASH OUT 18.84158407 03/09/2023 NEM CASH OUT NEM CASH OUT 101.26158408 03/09/2023 NEM CASH OUT NEM CASH OUT 106.93158409 03/09/2023 NEM CASH OUT NEM CASH OUT 4.10158410 03/09/2023 NEM CASH OUT NEM CASH OUT 29.62158411 03/09/2023 NEM CASH OUT NEM CASH OUT 35.68158412 03/09/2023 NEM CASH OUT NEM CASH OUT 34.90158413 03/09/2023 NEM CASH OUT NEM CASH OUT 698.39158414 03/09/2023 NEM CASH OUT NEM CASH OUT 30.08158415 03/09/2023 NEM CASH OUT NEM CASH OUT 42.74158416 03/09/2023 NEM CASH OUT NEM CASH OUT 5.59158417 03/09/2023 NEM CASH OUT NEM CASH OUT 35.18158418 03/09/2023 NEM CASH OUT NEM CASH OUT 6.83158419 03/09/2023 NEM CASH OUT NEM CASH OUT 149.27158420 03/09/2023 NEM CASH OUT NEM CASH OUT 139.74158421 03/09/2023 NEM CASH OUT NEM CASH OUT 22.80158422 03/09/2023 NEM CASH OUT NEM CASH OUT 16.20158423 03/09/2023 NEM CASH OUT NEM CASH OUT 53.88158424 03/09/2023 NEM CASH OUT NEM CASH OUT 30.20158425 03/09/2023 NEM CASH OUT NEM CASH OUT 37.81158426 03/09/2023 NEM CASH OUT NEM CASH OUT 43.11158427 03/09/2023 NEM CASH OUT NEM CASH OUT 67.57158428 03/09/2023 NEM CASH OUT NEM CASH OUT 88.95158429 03/09/2023 NEM CASH OUT NEM CASH OUT 82.37158430 03/09/2023 NEM CASH OUT NEM CASH OUT 29.94158431 03/09/2023 NEM CASH OUT NEM CASH OUT 21.59158432 03/09/2023 NEM CASH OUT NEM CASH OUT 43.07158433 03/09/2023 NEM CASH OUT NEM CASH OUT 43.79158434 03/09/2023 NEM CASH OUT NEM CASH OUT 50.50158435 03/09/2023 NEM CASH OUT NEM CASH OUT 20.99158436 03/09/2023 NEM CASH OUT NEM CASH OUT 57.93158437 03/09/2023 NEM CASH OUT NEM CASH OUT 16.61

158438 03/09/2023 NEM CASH OUT NEM CASH OUT 0.12
158439 03/09/2023 NEM CASH OUT NEM CASH OUT 48.80158440 03/09/2023 NEM CASH OUT NEM CASH OUT 156.91158441 03/09/2023 NEM CASH OUT NEM CASH OUT 224.93158442 03/09/2023 NEM CASH OUT NEM CASH OUT 26.55158443 03/09/2023 NEM CASH OUT NEM CASH OUT 31.21158444 03/09/2023 NEM CASH OUT NEM CASH OUT 70.29158445 03/09/2023 NEM CASH OUT NEM CASH OUT 18.90158446 03/09/2023 NEM CASH OUT NEM CASH OUT 3.33158447 03/09/2023 NEM CASH OUT NEM CASH OUT 13.49158448 03/09/2023 NEM CASH OUT NEM CASH OUT 0.48158449 03/09/2023 NEM CASH OUT NEM CASH OUT 52.80158450 03/09/2023 NEM CASH OUT NEM CASH OUT 18.42158451 03/09/2023 NEM CASH OUT NEM CASH OUT 21.34158452 03/10/2023 024267 STEVEN CLINE TRAVEL ADVANCE 481.00158453 03/10/2023 019030 JOSEPH LARA TRAVEL ADVANCE 481.00158454 03/13/2023 TRASH REFUND 22374 POPPY RD REFUND 19.99158455 03/13/2023 TRASH REFUND 22214 SHANDIN RD REFUND 202.62158456 03/13/2023 TRASH REFUND 12707 NAVAJO RD REFUND 51.46158457 03/13/2023 TRASH REFUND 16510 OLALEE RD REFUND 159.27158458 03/13/2023 TRASH REFUND 19196 PALO VERDE DR REFUND 99.04158459 03/13/2023 TRASH REFUND 22267 GAYHEAD RD REFUND 430.69158460 03/13/2023 TRASH REFUND 22139 SHANDIN RD REFUND 67.36158461 03/13/2023 TRASH REFUND 13028 QUAPAW RD REFUND 28.14158462 03/13/2023 TRASH REFUND 15357 MANDAN RD REFUND 236.32158463 03/13/2023 TRASH REFUND 20434 OCHOA RD REFUND 165.47158464 03/13/2023 TRASH REFUND 15075 DAKOTA RD REFUND 278.62158465 03/15/2023 008201 ABF PRINTS, INC. POST ENROLLMENT CARDS 679.32158466 03/15/2023 000102 ALBERTSONS LLC ASAP 145.04158467 03/15/2023 021342 AMAZON CAPITAL SERVICES TABLET HOLDER MOUNT 380.91158468 03/15/2023 001864 APPLE VALLEY TIRE VEHICLE REPAIR 277.31158469 03/15/2023 002298 BEAR VALLEY ANIMAL HOSPITAL S/N VOUCHERS 3,513.49158470 03/15/2023 001369 BOOT BARN, INC. MELISSA STARK BOOTS 1,454.39158471 03/15/2023 020950 CALIFORNIA PERMITS 11236 DOLPHIN AVE #1001-0000-6108 305.11158472 03/15/2023 009494 CALLAWAY GOLF SALES CO. GOLF SHOP RESALE ITEMS 9,984.04158473 03/15/2023 024623 CAL-STATE AUTO PARTS INC REFUND 460.93158474 03/15/2023 000914 CAPITAL ONE REC EVENTS GOLDEN APPLES 478.59158475 03/15/2023 001347 CERTIFIED CREDIT REPORTING INC REFERENCE 0250811-IN 34.00158476 03/15/2023 000088 CHARLES ABBOTT ASSOCIATES JANUARY 2023 RRLP GENE 84,341.00158477 03/15/2023 018717 CHARTER COMMUNICATIONS SPECTRUM - GOLF - MARCH 2,198.50

158478 03/15/2023 000087 COUNTY OF SAN BERNARDINO INSTRUMENT 2023-0048076 120.00 158479 03/15/2023 001688 COUNTY OF SAN BERNARDINO WATER INSPECTION SERVICES AT

HORSEMAN'S CENTER
630.50
158480 03/15/2023 012246 D & G FLOORING, INC. BREAK ROOM 2,622.93158481 03/15/2023 018454 DIAMOND CONSTRUCTION RRLP DISBURSMENT #2 - AVESIAN 37,700.00158482 03/15/2023 002842 DOKKEN ENGINEERING BEAR VALLEY BRIDGE 55,183.91158483 03/15/2023 007782 DONOVAN DEVELOPMENT LLC 18870 CATALINA RD- DIF FEES OVER

PAYMENT
13,695.95
158484 03/15/2023 020426 DR. JAIME VELASCO VET SERVICES 900.00158485 03/15/2023 010681 DRUCKENMILLER ROOFING 22157 POWHATAN RD 541.21158486 03/15/2023 022280 ENVIROMINE, INC. MISELLANEOUS EXPENSES 2,302.50158487 03/15/2023 004734 FAUST MEDIA SERVICES KATHY SCHMACHTENBERGER BUSINESS CARDS
437.90
158488 03/15/2023 008764 FIRST AMERICAN TITLE CO. ESCROW DEPOSIT FOR VVCCD 372,000.00158489 03/15/2023 008764 FIRST AMERICAN TITLE CO. TITLE COMPANY SERVICES & ESCROW FEES
865.00
158490 03/15/2023 008559 FUN EXPRESS DAY CAMP 148.70158491 03/15/2023 000679 G.A. OSBORNE PIPE & SUPPLY SYSTEM REPAIRS WW 367.74158492 03/15/2023 001430 GEO-MONITOR INC. HORSEMAN'S CENTER WELL TESTING 235.00158493 03/15/2023 025030 CHASE GIBSON FOR LANDSCAPE DEFERMENT DEPOSIT FEE
7,169.00
158494 03/15/2023 S/N REFUND S/N REFUND 40.00158495 03/15/2023 000451 GRAHAM EQUIPMENT QUINNAULT/ARAPAHO SINK HOLE FILLER 104.40158496 03/15/2023 013631 GREAT WESTERN RECREATION CIVIC CENTER PARK SLIDE INSTALLATION 4,230.00158497 03/15/2023 024893 GUASTI CONSTRUCTION INC 19598 ROLLING GREEN DR 92.76158498 03/15/2023 001558 HAAKER EQUIPMENT CO VISOR 207.20158499 03/15/2023 000475 HESPERIA HOSE SUPPLY HOSE REPAIR PRESSURE WASHER 10.39158500 03/15/2023 009475 HESPERIA OUTDOOR POWER EQUIP CHAINSAW FOR GOLF COURSE 1,443.31158501 03/15/2023 013509 HESPERIA VETERINARY SERVICES ADOPTION S/N 1,039.00158502 03/15/2023 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00158503 03/15/2023 000520 IMPERIAL SPRINKLER SUPPLY IRRIGATION SUPPLIES FOR GROUNDS 2,159.87158504 03/15/2023 000524 INLAND FAIR HOUSING & CDBG FAIR HOUSING SERVICES, MONTH OF
3,001.24
158505 03/15/2023 024921 INTERWEST CONSULTING GROUP INC CORDOVA AND QUARRY SENIOR AND

PRINCIPAL
3,820.00
158506 03/15/2023 008057 JOHN HARRISON CONTRACTING 21959 SIOUX RD 185.52158507 03/15/2023 003119 KNC CONSTRUCTION ADA GOLF COURSE IMPROVEMENTS 178,600.00158508 03/15/2023 006565 KONICA MINOLTA BUSINESS KONICA - C4080 USAGE - FEB 95.05

158509 03/15/2023 000578 PUBLICATIONS UNIT LEAGUE OF

CALIFORNIA CITIES
2023 LOCAL STREETS & ROADS NEEDS ASSESSMENT
500.00
158510 03/15/2023 015061 LOS RANCHOS OFFICE MARCH SPACE RENT AND TRASH

SERVICE
819.25
158511 03/15/2023 005351 LOWE'S (LAR) TOOLS 309.16158512 03/15/2023 020095 MATRIX AUDIO VISUAL DESIGNS AQUATIC POOL SYSTEM UPGRADE 14,817.48158513 03/15/2023 S/N REFUND S/N REFUND 40.00158514 03/15/2023 001556 MOTOROLA SOLUTIONS, INC PURCHASE 5 NEW RADIOS 730.71158515 03/15/2023 002368 MWI ANIMAL HEALTH MEDS 879.09158516 03/15/2023 011959 NIEMELA PAPPAS & ASSOCIATES NIEMELA PAPPAS & ASSOCIATES LLC 3,000.00158517 03/15/2023 024925 MIGUEL NUNEZ 21849 WAALEW RD 803.38158518 03/15/2023 023410 ODP BUSINESS SOLUTIONS, LLC STAMP- #1001-4010-7265-0000 189.67158519 03/15/2023 000710 PRECISION LOCK & SAFE CENTRAL X BVR - LOCK FOR SIGNAL

POWER BOX
153.00
158520 03/15/2023 008771 PRUDENTIAL OVERALL SUPPLY GOLF COURSE UNIFORMS 636.89158521 03/15/2023 011479 ROW TRAFFIC SAFETY, INC STREET SIGNS 2,168.04158522 03/15/2023 000787 SAN BERNARDINO COUNTY SHERIFF'S

DEPARTMENT
MONTHLY LAW ENFORCEMENT SERVICES 1,433,712.00
158523 03/15/2023 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00158524 03/15/2023 014002 SITEONE LANDSCAPE SUPPLY LLC LANDSCAPE SUPPLIES FOR GOLF COURSE
165.51
158525 03/15/2023 000824 SOUTH WEST FIRE PROTECTION 20 DRY CHEMICAL 520.00158526 03/15/2023 013956 SOUTHERN CALIFORNIA EDISON PROGRESS BILLING # 3 UTILITY AGREEMENT #2030.011
249,961.39
158527 03/15/2023 007717 SPLATTERED INK, LLC TOWN APPAREL 2,794.12158528 03/15/2023 025029 ST OF CA CONDEMNATION DEP FUND DEPOSIT FOR EMINENT DOMAIN 1,500.00158529 03/15/2023 025028 STATE OF CALIFORNIA STATE FURNISH MATERIALS/PO BOX 168019
7,966.18
158530 03/15/2023 001332 TERRA NOVA PLANNING & RESEARCH FOR PERIOD 12/01/22 TO 02/28/23 1,397.25158531 03/15/2023 021213 THE GREATER HIGH DESERT VMI - SOUND OFF 30.00158532 03/15/2023 024892 TROY ROOFING INC 20120 OTTAWA RD 190.60158533 03/15/2023 003478 TURF STAR INC. TEE MOWER MAINTENANCE FOR GOLF COURSE
907.97
158534 03/15/2023 016133 TYLER TECHNOLOGIES INC TYLER ERP UPGRADE 1,480.00158535 03/15/2023 000893 V.V.W.R.A. SEWAGE TREATMENT FEBRUARY 2023 258,557.44158536 03/15/2023 000166 VALLEYWIDE NEWSPAPERS LLC PREPARATION NOTICE 661.00158537 03/15/2023 001769 VERIZON WIRELESS VERIZON - FEB BILL 3,507.42158538 03/15/2023 001278 VULCAN MATERIALS COLD MIX 341.96158539 03/15/2023 S/N REFUND S/N REFUND 40.00

158540 03/15/2023 019933 SAN BERNARDINO COUNTY RIVERSIDE DRIVE EMERGENCY SEWER

PROJECT CEQA EXEMPTION

50.00 158541 03/16/2023 000126 AMERICAN COMPUTER SERVICE STATEMENTS 23,831.16158542 03/16/2023 000204 BIG APPLE AUTO VEHICLE REPAIR 9,142.38158543 03/16/2023 024267 STEVEN CLINE TRAVEL ADVANCE 3/26-3/31 491.00158544 03/16/2023 009913 DIVISION OF THE STATE QE 12/31/22 294.40158545 03/16/2023 000387 EDISON COMPANY 2/6/23-3/6/23 1,772.37158546 03/16/2023 000407 FEDEX SHIPPING 188.41158547 03/16/2023 019030 JOSEPH LARA TRAVEL ADVANCE 3/26-3/31 481.00158548 03/16/2023 000168 LIBERTY UTILITIES 1/6/23-3/6/23 5,297.96158549 03/16/2023 023410 ODP BUSINESS SOLUTIONS, LLC SUPPLIES 1,052.35158550 03/16/2023 009276 PARS JANUARY PARS 468.66158551 03/16/2023 003789 WILLDAN FINANCIAL SERVICES SEWER STUDY 1,960.00158552 03/22/2023 001377 A & B HITCHES AND MUFFLERS STREETS TRAILER MAINTENANCE 43.01158553 03/22/2023 025048 ROGELIO HURTADO ALATORRE LATE FEE REFUND PMI 232 15.75158554 03/22/2023 000102 ALBERTSONS LLC ASAP SUPPLIES 53.91158555 03/22/2023 021342 AMAZON CAPITAL SERVICES AMAZON - HELPDESK 2768 975.55158556 03/22/2023 000140 ANIMAL CARE HOSPITAL VOUCHER PROGRAM 75.00158557 03/22/2023 001864 APPLE VALLEY TIRE EQUIPMENT MAINTENANCE FOR GOLF

COURSE TRACTOR

20.00 158558 03/22/2023 000192 BATTERY MART EQUIPMENT MAINTENANCE FOR EX MARK MOWER

38.53 158559 03/22/2023 000193 RICHARD BATTISTA GRAFFITI ABATEMENT 1ST HALF OF MARCH
1,080.00
158560 03/22/2023 002298 BEAR VALLEY ANIMAL HOSPITAL EXAM 2,336.10158561 03/22/2023 003649 BECK OIL INC. CARLOCK FUEL 417.03158562 03/22/2023 S/N REFUND S/N REFUND 40.00158563 03/22/2023 022598 BURRTEC WASTE INDUSTRIES, INC DECEMBER TIRES 3,344.75158564 03/22/2023 024623 CAL-STATE AUTO PARTS INC DEF AND DEF NOZZLE S/WW SPLIT 141.55158565 03/22/2023 000914 CAPITAL ONE ASAP SUPPLIES 636.42158566 03/22/2023 008693 COMMERCIAL AQUATIC SERVICES POOL CHEMICALS 388.83158567 03/22/2023 000313 COOLEY CONSTRUCTION, INC EMERGENCY MANHOLE WELD 449.80158568 03/22/2023 001216 COUNTY OF SAN BERNARDINO- ISD DEPARTMENT RADIOS 3,513.80158569 03/22/2023 002032 DAVID EVANS & ASSOC, INC CENTRAL RD WIDENING DESIGN 9,065.57158570 03/22/2023 001628 DELL MARKETING L.P. DELL - MONITOR FOR HD2675 204.98158571 03/22/2023 001311 DUNN EDWARDS CORPORATION PD PAINT 605.38158572 03/22/2023 025075 EXPERT APPLIANCE SERVICE LLC DSB FRIDGE REPAIRS 1,859.24158573 03/22/2023 004734 FAUST MEDIA SERVICES BUSINESS CARDS FOR OA&DA~ 140.08158574 03/22/2023 000897 FRONTIER COMMUNICATIONS FRONTIER - MARCH BILL 2,953.10158575 03/22/2023 000679 G.A. OSBORNE PIPE & SUPPLY WW PUMP PARTS FOR RIVER BYPASS 423.92

158576 03/22/2023 024528 GATEHOUSE MEDIA CALIFORNIA POSTING FOR PUBLIC HEARING 1&2

ENGLISH
2,232.72
158577 03/22/2023 004078 GEYSER EQUIPMENT, LLC SENSITIVE SURFACE REMOVER 1,310.42158578 03/22/2023 000451 GRAHAM EQUIPMENT CONSTRUCTION ROCK 104.40158579 03/22/2023 000452 GRAINGER, INC. SHOP TOOLS 1,753.46158580 03/22/2023 009475 HESPERIA OUTDOOR POWER EQUIP EQUIPMENT MAINTENANCE ON GROUNDS MOWER
815.17
158581 03/22/2023 013509 HESPERIA VETERINARY SERVICES ADOPTION S/N 1,569.00158582 03/22/2023 023175 HOME DEPOT CREDIT SEVICES JAMES WOODY FIELD REPAIRS 65.52158583 03/22/2023 023335 HOME DEPOT CREDIT SEVICES WW VEHICLE WASHING SUPPLIES 550.07158584 03/22/2023 012832 INTERVET, INC. MICROCHIPS 1,346.88158585 03/22/2023 024921 INTERWEST CONSULTING GROUP INC SPR2022-008 QUARRY/SENIOR PLANNER FEES
4,798.75
158586 03/22/2023 020279 JOHNSON CONTROLS PUBLIC WORKS HVAC REPAIRS 4,740.00158587 03/22/2023 001282 KENTUCKY FRIED CHICKEN COUNCIL MEETING 301.23158588 03/22/2023 001091 KERN TURF SUPPLY INC. RAINBIRD GOLF ROTOR W/ELECT BODY

FOR GOLF COURSE
2,225.65
158589 03/22/2023 ADOPTION S/N REFUND ADOPTION S/N REFUND 40.00158590 03/22/2023 014262 KIMBALL MIDWEST MISC SHOP ITEMS ALL DEPT SPLIT 1,636.39158591 03/22/2023 012804 KOA CORPORATION SR 18 CORRIDOR STUDY 25,116.14158592 03/22/2023 006565 KONICA MINOLTA BUSINESS KONICA - BIZHUB25 - MARCH 38.98158593 03/22/2023 ADOPTION S/N REFUND ADOPTION S/N REFUND 40.00158594 03/22/2023 017237 LOGICALIS CISCO PHONES 16,108.09158595 03/22/2023 005351 LOWE'S (LAR) RETURNED TOW STRAP 945.74158596 03/22/2023 020555 MERRELL JOHNSON COMPANIES MATERIALS AND COMPACTION TESTING -

JESS RANCH LIFT STATION PROJECT
1,148.00
158597 03/22/2023 002572 MESQUIT'S SUPPLY, LLC JANITORIAL SUPPLIES 528.58158598 03/22/2023 002455 MOBILE OCCUPATIONAL SERVICES PRE-EMPLOYMENT SCREENING 120.00158599 03/22/2023 006275 MOJAVE DESERT & MOUNTAIN MRF OPERATIONS JAN 2023 79,043.80158600 03/22/2023 002368 MWI ANIMAL HEALTH MEDS 3,361.14158601 03/22/2023 000654 NAPA CLEANUP-FUSE HOLDER FOR TRAILER 525.93158602 03/22/2023 011959 NIEMELA PAPPAS & ASSOCIATES NIEMELA PAPPAS & ASSOCIATES LLC 3,000.00158603 03/22/2023 023410 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES - DSB WORK CENTER 65.51158604 03/22/2023 008206 O'REILLY AUTO PARTS JAMES WOODY BASKETBALL HOOP

REPAIRS
121.34
158605 03/22/2023 002638 PLUMBERS DEPOT INC. MISC WW MAINTENANCE ITEMS 2,644.64158606 03/22/2023 000710 PRECISION LOCK & SAFE TOWN HALL SAFE SERVICING 700.00158607 03/22/2023 008771 PRUDENTIAL OVERALL SUPPLY UNIFORM CREDIT 198.71158608 03/22/2023 011479 ROW TRAFFIC SAFETY, INC ADOPT-A-STREET PAYNE FAMILY SIGN 5,617.93

158609 03/22/2023 025053 LYNN SEITZ LYNN SEITZ REIMBURSEMENT FOR BOOT

ALLOWANCE
188.56
158610 03/22/2023 014002 SITEONE LANDSCAPE SUPPLY LLC RAINBIRD SOLENOID ASSEMBLY FOR PGA

PEB AND GB VALVES GOLF COURSE
1,116.13
158611 03/22/2023 007717 SPLATTERED INK, LLC EMBROIDERY FOR GOLF COURSE MAINT.

UNIFORMS
276.52
158612 03/22/2023 006324 SWRCB RIVERSIDE DRIVE EMERGENCY SEWER PROJECT - APPLICATION FEE FOR RG63
2,734.00
158613 03/22/2023 021213 THE GREATER HIGH DESERT ANDY SHOUP LEADERSHIP HD 2,100.00158614 03/22/2023 025047 VALDIVIA FAMILY TRUST 4/29/16 PMI 2920 OVERPAYMENT 105.00158615 03/22/2023 000166 VALLEYWIDE NEWSPAPERS LLC NOTICE OF ADOPTION 327.00158616 03/22/2023 001278 VULCAN MATERIALS COLD MIX 1,929.27158617 03/22/2023 000923 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES 1,250.04158618 03/22/2023 021348 WINSUPPLY SINK REPAIR 425.33158619 03/22/2023 010143 AMERICAN FIDELITY ASSURANCE MARCH PREMIUMS 5,558.98158620 03/22/2023 000182 BURRTEC WASTE INDUSTRIES INC AS 865,654.89158621 03/22/2023 008857 CHLIC-CHICAGO MARCH PREMIUMS 1,896.88158622 03/22/2023 021170 HEATHER CONLEY PETTY CASH 60.00158623 03/22/2023 000387 EDISON COMPANY 2/11/23-3/13/23 49,036.01158624 03/22/2023 011409 FIDELITY SECURITY LIFE INS / MARCH PREMIUMS 954.96158625 03/22/2023 007672 LORRI KEYSER PETTY CASH 272.24158626 03/22/2023 000168 LIBERTY UTILITIES 1/12/23-3/8/23 5,122.55158627 03/22/2023 018484 NEW YORK LIFE MARCH PREMIUMS 476.00158628 03/22/2023 023410 ODP BUSINESS SOLUTIONS, LLC SUPPLIES 466.64158629 03/22/2023 018332 PRINCIPAL MARCH PREMIUMS 14,007.59158630 03/22/2023 005036 QUADIENT FINANCE USA, INC POSTAGE 3,000.00158631 03/22/2023 000825 SOUTHWEST GAS CORPORATION 2/10/23-3/13/23 40,008.55158632 03/22/2023 011408 TEXAS LIFE INSURANCE CO. MARCH PREMIUMS 1,203.68158633 03/22/2023 009608 THE GOODYEAR TIRE & RUBBER CO TIRES 1,863.44158634 03/22/2023 008788 ZURICH NORTH AMERICA MARCH PREMIUMS 132.62158635 03/22/2023 TRASH REFUND 20955 OTTAWA RD REFUND 455.62158636 03/22/2023 TRASH REFUND 21306 RANCHERIAS RD REFUND 67.54158637 03/22/2023 TRASH REFUND 19126 SHOSHONEE RD REFUND 74.35158638 03/22/2023 TRASH REFUND 16654 PAWNEE RD REFUND 51.43158639 03/22/2023 TRASH REFUND 16691 KASSON RD REFUND 277.30158640 03/22/2023 TRASH REFUND 17840 CABAZON RD REFUND 80.36158641 03/22/2023 TRASH REFUND 22909 EYOTA RD REFUND 87.74158642 03/22/2023 TRASH REFUND 357 MORTON BAY LANE #2 105.81158643 03/22/2023 TRASH REFUND 20791 DEL ORO RD REFUND 48.54

158644 03/22/2023 TRASH REFUND 22241 NISQUALLY RD SPC #38 34.83 158645 03/22/2023 TRASH REFUND 12575 SNAPPING TUTLE RD REFUND 51.78158646 03/22/2023 TRASH REFUND 19386 COATI RD REFUND 9.45158647 03/22/2023 TRASH REFUND 20002 SYMERON RD REFUND 928.78158648 03/22/2023 TRASH REFUND 12726 CHIEF JOSEPH RD REFUND 40.63158649 03/22/2023 TRASH REFUND 13448 FRANCESKA RD REFUND 29.24158650 03/22/2023 TRASH REFUND 14457 JICARILLA RD REFUND 204.85158651 03/22/2023 TRASH REFUND 13360 NAVAJO RD REFUND 1,310.57158652 03/22/2023 TRASH REFUND 22305 LONE EAGLE RD REFUND 67.54158653 03/22/2023 TRASH REFUND 11390 PAGOSI RD REFUND 96.77158654 03/22/2023 TRASH REFUND 14963 MANDAN RD REFUND 140.71158655 03/22/2023 TRASH REFUND 12259 PAWNEE RD REFUND 287.87158656 03/22/2023 TRASH REFUND 20575 SHOLIC RD REFUND 19.46158657 03/22/2023 TRASH REFUND 14718 CHOCO RD REFUND 63.04158658 03/22/2023 TRASH REFUND 21306 RANCHERIAS RD REFUND 91.18158659 03/22/2023 TRASH REFUND 20250 ITASCA RD REFUND 69.72158660 03/22/2023 TRASH REFUND 11155 MERINO AVE REFUND 46.22158661 03/22/2023 TRASH REFUND 12814 COVEY CT REFUND 33.77158662 03/22/2023 TRASH REFUND 11131 ARCADIA AVE REFUND 333.06158663 03/22/2023 TRASH REFUND 12390 IROQUOIS RD REFUND 70.91158664 03/22/2023 TRASH REFUND 13414 TIOGA RD REFUND 47.28158665 03/22/2023 TRASH REFUND 20884 YUCCA LOMA RD REFUND 35.16158666 03/22/2023 TRASH REFUND 13536 PAUHASKA RD REFUND 25.89158667 03/28/2023 008201 ABF PRINTS, INC. AVCE POST ENROLLMENT POSTCARDS 884.00158668 03/28/2023 000102 ALBERTSONS LLC DAYCAMP 87.88158669 03/28/2023 018440 ALTEC TESTING & ENGINEERING GOLF COURSE ASBESTOS TESTING 1,490.00158670 03/28/2023 021342 AMAZON CAPITAL SERVICES TOP DRESSER GOLF COURSE 319.71158671 03/28/2023 020532 AMERICAN TREE COMPANY AMERICAN TREE COMPANY 4,800.00158672 03/28/2023 000154 APPLE VALLEY COMMUNICATION INC AV COM - SERVICE CALL - MARCH 244.00158673 03/28/2023 002623 APPLE VALLEY LAWNMOWER APPLE VALLEY LAWNMOWER 17.21158674 03/28/2023 001864 APPLE VALLEY TIRE TRUCK #64 TIRE REPAIR FACILITIES 142.27158675 03/28/2023 000193 RICHARD BATTISTA GRAFFITI ABATEMENT 2ND HALF OF MARCH
1,320.00
158676 03/28/2023 002298 BEAR VALLEY ANIMAL HOSPITAL ADOPTION S/N 3,153.48158677 03/28/2023 020178 BEST BUY BUSINESS ADVANTAGE BEST BUY - HD2635 1,080.42158678 03/28/2023 022593 BLUE DIAMOND MATERIALS EMULSION FLUID 249.78158679 03/28/2023 001369 BOOT BARN, INC. BOOT ALLOWANCE FOR ERIK ARECHIGA

GOLF COURSE
322.33
158680 03/28/2023 018736 CACEO CAMACHO WEBINAR 96.00158681 03/28/2023 009494 CALLAWAY GOLF SALES CO. SHOP RESALE FOR GOLF COURSE 226.18

158682 03/28/2023 000914 CAPITAL ONE ASAP 207.07
158683 03/28/2023 000285 CED GOLF COURSE CONDUIT 328.01158684 03/28/2023 002815 CHARTER COMMUNICATIONS SPECTRUM - GOLF - MARCH 517.00158685 03/28/2023 REFUND FOR DEPOSIT REFUND FOR DEPOSIT 500.00158686 03/28/2023 000313 COOLEY CONSTRUCTION, INC RIVERSIDE DRIVE EMERGENCY SEWER

PROJECT
30,000.00
158687 03/28/2023 000777 COUNTY OF SAN BERNARDINO CODE DUMPS FEBRUARY 123,839.92158688 03/28/2023 008781 CULLIGAN BOTTLED WATER GOLF COURSE WATER SERVICE 372.45158689 03/28/2023 001628 DELL MARKETING L.P. DELL - 20 STANDARD WORKSTATIONS 25,354.96158690 03/28/2023 021738 DMK HOMES CONSTRUCTION DEBRIS RECYCLING

DEPOSIT REFUND
507.03
158691 03/28/2023 025081 SHELBY DORAN ST. PATRICK'S DAY LUNCH AND SUPPLIES 96.77158692 03/28/2023 001311 DUNN EDWARDS CORPORATION POLICE DEPT OFFICE PAINT 365.32158693 03/28/2023 004734 FAUST MEDIA SERVICES 250 BUSINESS CARDS - MARTHA MUNOZ 53.10158694 03/28/2023 008559 FUN EXPRESS EGGSTRAVAGANZA 883.38158695 03/28/2023 000679 G.A. OSBORNE PIPE & SUPPLY MISC ITEMS 172.58158696 03/28/2023 000452 GRAINGER, INC. DSB, TH, PD HVAC FILTERS 2,621.51158697 03/28/2023 001558 HAAKER EQUIPMENT CO CAMERA TRUCK MAINTENANCE SUPPLIES 4,762.55158698 03/28/2023 000466 HARBOR FREIGHT TOOLS TRUCK #118 TOOLS 11.83158699 03/28/2023 018653 HASA INC. POOL CHEMICALS 305.94158700 03/28/2023 013509 HESPERIA VETERINARY SERVICES ADOPTION S/N 1,068.00158701 03/28/2023 000488 HIGH DESERT LASER GRAPHICS NAME PLATE AND TAG FOR MARTHA MUNOZ

43.50 158702 03/28/2023 000501 HITT PLUMBING CO., INC. GOLF COURSE PIPE LOCATION 300.00158703 03/28/2023 023175 HOME DEPOT CREDIT SEVICES GOLF COURSE CHAINS 263.85158704 03/28/2023 002338 INDUSTRIAL MEDICAL SERVICE INC PRE-EMPLOYMENT PHYSICAL EXAMS 1,285.00158705 03/28/2023 002580 J.R. ELECTRIC CONSTRUCTION DEBRIS RECYCLING

DEPOSIT REFUND
506.51
158706 03/28/2023 025080 RAYMOND JOHNSON SAFETY REIMBURSEMENT FOR RAYMOND

JOHNSON

61.92 158707 03/28/2023 018942 JULES & ASSOCIATES, INC. VACTOR TRUCK ANNUAL LEASE PAYMENT 98,404.24158708 03/28/2023 001091 KERN TURF SUPPLY INC. GROUNDS MAINTENANCE 1,566.01158709 03/28/2023 021345 KONICA MINOLTA PREMIER FINANCE KONICA - C4080 BASE - MAR/APR 916.96158710 03/28/2023 005351 LOWE'S (LAR) SHOP SUPPLIES 379.05158711 03/28/2023 002368 MWI ANIMAL HEALTH MEDS 899.56158712 03/28/2023 000654 NAPA GREENS ROLLER GOLF 62.51

158713 03/28/2023 REFUND FOR 3/13, 4/3 AND 4/17-6/5 REFUND FOR 3/13, 4/3 AND 4/17-6/5 550.00 158714 03/28/2023 REFUND FOR LIFEGUARD TRAINING REFUND FOR LIFEGUARD TRAINING 75.00158715 03/28/2023 023410 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES - DSB WORK CENTER 29.53158716 03/28/2023 008771 PRUDENTIAL OVERALL SUPPLY MATTS AND TOWELS GOLF COURSE 448.22158717 03/28/2023 017778 PAMELA QUICK PAMELA QUICK TRAVEL REIMBURSEMENT 296.57158718 03/28/2023 015373 QUINN COMPANY COLD PLANER RENTAL FOR STREET

PATCHES
910.31
158719 03/28/2023 LICENSE REFUND LICENSE REFUND 75.00158720 03/28/2023 007514 SAN BERNARDINO FIRE PROT. DIST CUPA PERMIT VEHICLE MAINTENANCE

BUILDING C
909.00
158721 03/28/2023 025040 SIEMENS INDUSTRY, INC ECHOMAX TRANSDUCER 1,286.54158722 03/28/2023 014002 SITEONE LANDSCAPE SUPPLY LLC GROUNDS MAINTENANCE 1,603.71158723 03/28/2023 007717 SPLATTERED INK, LLC LOGO S/WW SPLIT 15.00158724 03/28/2023 021174 STATES AND DOOR AND HARDWARE DSB DOOR REPAIRS 2,781.35158725 03/28/2023 016857 SUPERCO SPECIALTY PRODUCTS AMPITHEATER GRAFITTI REMOVER 293.17158726 03/28/2023 008774 TAYLORMADE GOLF CO., INC SHOP RESALE ITEMS FOR GOLF COURSE 622.16158727 03/28/2023 009943 TSR CONSTRUCTION & INSPECTION CURB & RAIL REPAIRS - BVR X JR PKWY 11,470.00158728 03/28/2023 000894 VALLEY SECURITY SYSTEMS INC PARK SECURITY 127.00158729 03/28/2023 000166 VALLEYWIDE NEWSPAPERS LLC CITY ORDINANCE NO 565 49.00158730 03/28/2023 001278 VULCAN MATERIALS COLD MIX 378.31158731 03/28/2023 018792 WEST COAST EQUIPMENT, LLC EQUIPMENT RENTAL 866.65158732 03/28/2023 008775 WEST COAST SAND & GRAVEL, INC GROUNDS MAINTENANCE GOLF COURSE 1,720.90158733 03/28/2023 001154 YUNEX TRAFFIC CREDIT DUPLICATE PMT TO INV 5620041608
8,195.16
158734 03/28/2023 001528 AVUSD DECEMBER FINES & FORFEITURES 68.54158735 03/28/2023 000387 EDISON COMPANY 2/7/23-3/7/23 342.00158736 03/28/2023 000406 FARMER BROTHERS COFFEE COFFEE 368.37158737 03/28/2023 000407 FEDEX SHIPPING 140.24158738 03/28/2023 000488 HIGH DESERT LASER GRAPHICS PD BADGES 83.20158739 03/28/2023 000168 LIBERTY UTILITIES 1/24/23-3/20/23 1,713.17158740 03/28/2023 002055 SHRED-IT, C/O STERICYCLE, INC SHREDDING 144.69158741 03/28/2023 000825 SOUTHWEST GAS CORPORATION 2/8/23-3/9/23 2,652.78158742 03/28/2023 013692 WPONCALL WEBSITE MAINTENANCE 300.00 596 Checks Total amount of checks: 5,844,168.36

Wire Reference Date Beneficiary Name Description Wire Total 93050365 3/1/2023 CAPITAL ONE, NA 09/2022-03/2023 CONF CENTER & DEV BLDG $ 66,047.50

TOWN OF APPLE VALLEY

WIRE TRANSFERS
MONTH OF MARCH 2023

Town Council Agenda Report
Date: April 11, 2023
To: Honorable Mayor and Town Council
Subject: MARCH 2023 PAYROLL/BENEFITS WARRANTS SCHEDULE

From: Douglas Robertson, Town Manager
Submitted by: Sydnie Harris, Director of Finance
Finance
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.

BACKGROUND
Per Section 3.16.040 through 3.18.030 of the Town of Apple Valley Municipal Code, except for tort claims, every claim and demand received against the Town shall be presented to, approved in writing by the receiving department or office, certified to the delivery or rendition of the supplies, materials, property or service for which payment is claimed, and that the quality and prices correspond with the original specifications and contracts.

SUMMARY
Pursuant to the Town’s Municipal Code, the register of demands shall be presented to the Town Council at the next regular meeting thereof after preparation. The Town Council may approve, conditionally or partially approve or reject such register of demands and in connection therewith consider the recommendations of the Town Manager and Director of Finance. Further, the State Government Code provides that Staff may process and pay prior to ratification by the Town Council, demands properly made in the ordinary course of business, the just obligations of the Town, such as routine salaries and wages, and other like expenditures for which there is an express budget appropriation, and in connection with which there is no dispute as to the obligation and amount being payable.

The Payroll / Benefits warrants issued from March1 through March 31, 2023, in the amount of $1,009,851.70 net of voids, covering issued warrant #s 68742-68852 and direct deposit advice #s 9982518-9983055 are herewith submitted for approval.

FISCAL IMPACT

DATE TOTAL
03/03/2023 $328,011.15
03/17/2023 $333,307.09
03/31/2023 $348,533.46
TOTAL: $1,009,851.70
The payroll and benefit warrants issued, covering warrant #s 68742 - 68852 and direct deposit advice #s 9982518 – 9983055 inclusive, totaled $1,009,851.70. Sufficient funding is appropriated and available in such amounts necessary to cover the demands included herein.

Town Council Agenda Report
Date: April 11, 2023
To: Honorable Mayor and Town Council
Subject: OPTING INTO FIVE ADDITIONAL NATIONAL OPIOID SETTLEMENTS From: Thomas A. Rice, Town Attorney
Submitted by: Thomas A. Rice, Town Attorney
Town Attorney
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
It is recommended that the Town Council adopt Resolution 2023-11, authorizing the Town Manager to:

1. Opt into settlement agreement with opioid distributor, Walgreens Co., and direct the Town Manager to execute any documents necessary to implement the action.

2. Opt into settlement agreement with opioid distributor, Walmart, Inc. and direct the Town Manager to execute any documents necessary to implement the action.

3. Opt into settlement agreement with opioid distributor, CVS Health Corporation/CVS Pharmacy, Inc. and direct the Town Manager to execute any documents necessary to implement the action.

4. Opt into settlement agreement with opioid manufacturer, Teva Pharmaceutical Industries Ltd., and direct the Town Manager to execute any documents necessary to implement the action.

5. Opt into settlement agreement with opioid manufacturer, Allergan Finance, LLC/Allergan Limited and direct the Town Manager to execute any documents necessary to implement the action.

EXECUTIVE SUMMARY:

Last year, litigation brought by states and cities across the United States against the three largest pharmaceutical distributors of opioid painkillers, Amerisource Bergen, Cardinal Health, and McKesson (the “Distributors”), and the opioid painkiller manufacturer, Janssen (owned by Johnson & Johnson) (“J&J”), resulted in two proposed settlements

totaling approximately $26 billion dollars. The Town has previously opted into the Distributors and the J&J Settlements and has started receiving payments.

Between November and December 2022, five additional parties (the “New Parties”) have entered into National Opioid Settlements with terms identical to the Distributors/J&J Settlements. The Town can opt into these new settlements, thereby releasing its claims against the new, in order to receive at most $317,566.82 paid out over a period of 15 years. The funds are restricted to certain opioid abatement/remediation uses. The Town can either allow the funds to be used by the County of San Bernardino or elect to use the funds itself subject to reporting requirements to the state. Alternatively, the Town can take no action, thereby opting out of the settlements, while maintaining its right to pursue litigation against the New Parties.

BACKGROUND
A. Allocation of Funds
Additional litigation brought by states and cities across the United States against the New Parties has resulted in a proposed settlement totaling approximately $20.2 billion dollars.

The proposed settlement is broken into five separate deals: (1) the Walgreens Settlement (Exhibit A); (2) the Walmart Settlement (Exhibit B); (3) the CVS Settlement (Exhibit C); (4) the Teva Settlement (Exhibit D); and the Allergan Settlement (Exhibit E). The estimated total nationwide payout and payment schedule are outlined below:

Defendant Estimated Max Payout
(100% Participation)
Years
Walgreens $5,522,528,766 15 years
Walmart $3,011,242,061 Primarily paid within 3
years, but if participation
levels are not met until
later, payment can extend
over 6 years
CVS $5,002,083,578 10 years
Teva $4,246,567,371.76 6 years
Allergan $2,372,972,184.12 7 years
Of the amounts above, California is to receive approximately $1.8 billion and is to distribute these funds pursuant to intrastate allocation agreements for the new settlements.

As outlined in the Intrastate Allocation Agreements, Settlement Fund payments due to the State of California are allocated as follows: 15% to the State Fund; 70% to the California Abatement Accounts Fund; and 15% to the California Subdivision Fund. This results in the State receiving 15% of the payments allocated to California and local subdivisions receiving the remaining 85%. The percentages paid out to the California Subdivision Fund is reserved or entities that participated in the litigation of the claims giving rise to the settlement agreements. The percentages paid out to local subdivisions that did not litigate but choose to opt into the settlements comes from the share of the settlement proceeds that are placed in the California Abatement Accounts Fund.

Essentially, this means that the Town of Apple Valley, if it chooses to opt into the settlement, is entitled receive a percentage share from the California Abatement Accounts Fund.

The Town of Apple Valley has been allocated 0.025% of the 70% of the approximate $1,800,000,000 (i.e., best case scenario), which is equal to $317,566.82. This total amount will be disbursed over a period of 15 years, with payments decreasing as each settlement finishes paying out. The first payments are scheduled to occur in the latter half of 2023. After the receipt of these initial payments, further payments will be received annually thereafter. As stated above, the definite amount is not yet known because of the bonus structure built into the agreements.

The default distribution of funds in the settlement agreements provides that the funds will go directly to the county in which a city is located. A city can elect to have its funds delivered directly to the city by providing notice in the settlement agreements. Additionally, a city within a county may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the settlement fund administrators at least sixty days prior to a payment date.

In deciding whether to allow a city’s funds to go directly to the county in which a city is located, a city should consider the following: (1) whether the amount of money is substantial enough for the city to handle it on its own; (2) whether the city offers the services and has the employees to spend the money in accordance with its prescribed uses; and (3) whether the city wants to engage in the reporting requirements over the course of the next nineteen years (eighteen years of distribution and an additional year following final distribution).

B. Use of Received Funds
Similar to the Distributor and J&J Settlements, funds received from these additional settlements must be used for future opioid remediation or abatement. For instance, participating subdivisions may use funds for areas such as services to treat opioid use disorder; support people in treatment and recovery; connect people to care; address needs of criminal justice-involved persons; address the needs of pregnant or parenting women and their families, including babies with neonatal abstinence syndrome; prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids; prevent misuse of opioids; prevent overdose deaths and other harms; provide leadership, planning, and coordination of programs; provide training; and conduct research.

The Intrastate Allocation Agreements (Exhibit F) also provide spending limitations in addition to those provided in the settlement agreements. Under the Intrastate Allocation Agreements, no less than 50% of the funds received in each calendar year will be used for one or more of the following High Impact Abatement Activities:
(1) the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program;
(2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure;
(3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
(4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or
(5) interventions to prevent drug addiction in vulnerable youth.

In addition to these requirements, there is also a time limit on the spending of received funds. If funds are not expended or encumbered within five years of receipt and in accordance with the settlement agreements and the Intrastate Allocation Agreements, the funds are required to be transferred back to the State.

C. Management of Funds
Each county and city that receives payment of funds from the settlements must prepare written reports at least annually regarding the use of those funds until the funds are fully expended and for one year thereafter. Each county and city will need to track all deposits and expenditures. These reports will also include a certification that all funds received have been used in compliance with the allocation agreements. The California Department of Healthcare and Services (“DHCS”) may review these reports in order to determine compliance with the settlement agreements and the Intrastate Allocation Agreement.

If the DHCS determines that a participating subdivision’s use of abatement funds is inconsistent with the settlement agreements or Intrastate Allocation Agreements, the parties are required to meet and confer. If the meet and confer process does not provide a resolution, the DHCS may conduct an audit, which can lead to a court action if the matter is still not resolved after an audit.

D. Opting In
The Town must opt into the settlements by April 18, 2023, which requires the Town to release its claims against the New Parties. If the Town takes no action, it will have opted

out of the settlements and its designated funds will flow to the State. The Town would still have the opportunity to bring its own action against the New Parties.

CONCLUSION:

Unless the Town intends to pursue its own litigation against these parties, it is recommended that the Town opt into the settlement and elect to receive payments directly.

FISCAL IMPACT
Opting into the settlements would have a net positive fiscal impact to the Town by allowing the Town to receive approximately $317,566.82 to fund opioid abatement.

ATTACHMENTS

1. Resolution No. 2023-11

2. Exhibit A – Walgreens Settlement Agreement*

3. Exhibit B – Walmart Settlement Agreement*

4. Exhibit C – CVS Settlement Agreement*

5. Exhibit D – Teva Settlement Agreement*

6. Exhibit E – Allergan Settlement Agreement*

7. Exhibit F – Sample CA Allocation Agreement

8. Exhibit G – Sample Participation Agreement
* On file in the Town Clerks Office and on the Town’s website at www.applevalley.org

RESOLUTION NO. 2023-11

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE

VALLEY, CALIFORNIA AUTHORIZING THE TOWN MANAGER TO

ENTER INTO THE SETTLEMENT AGREEMENTS WITH WALGREENS
CO., WALMART, INC., CVS HEALTH CORPORATION/CVS
PHARMACY INC., TEVA PHARMACEUTICAL INDUSTRIALS LTD.,

AND ALLERGAN FINANCE LLC/ALLERGAN LIMITED, AGREE TO

THE TERMS OF THE STATE-SUBDIVISION AGREEMENTS, AND

AUTHORIZE ENTRY INTO THE STATE-SUBDIVISION AGREEMENTS

WITH THE ATTORNEY GENERAL
WHEREAS, the United States is facing an ongoing public health crisis of opioid abuse, addiction, overdose, and death, forcing the State of California and California counties and cities to spend billions of dollars each year to address the direct consequences of this crisis; and,
WHEREAS, pending in the U.S. District Court for the Northern District of Ohio is a multidistrict litigation (“MDL”) being pursued by numerous public entity plaintiffs against the manufacturers and distributors of various opioids based on the allegation that the defendants’ unlawful conduct caused the opioid epidemic; and, WHEREAS on or about November 14, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Walmart Inc. (“Walmart”); and,
WHEREAS on or about November 22, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Teva Pharmaceutical Industries Ltd. and all of its respective past and present direct or indirect parents, subsidiaries, divisions, affiliates, joint ventures, predecessors, successors, assigns, including but not limited to Teva Pharmaceuticals USA, Inc., Actavis LLC (f/k/a Actavis Inc.), Actavis Elizabeth LLC, Actavis Kadian LLC, Actavis Pharma, Inc. (f/k/a Watson Pharma, Inc.), Actavis Kadian LLC, Actavis Laboratories UT, Inc. (f/k/a Watson Laboratories, Inc. – Utah), Actavis Mid Atlantic LLC, Actavis Totowa LLC, Actavis Laboratories FL, Inc. (f/k/a Watson Laboratories, Inc. – Florida), Actavis South Atlantic LLC, Warner Chilcott Company LLC, and Watson Laboratories, Inc., and Anda Inc. (collectively, “Teva”); and,
WHEREAS on or about November 22, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Allergan Finance, LLC (f/k/a Actavis, Inc., which in turn was f/k/a Watson Pharmaceutics, Inc.) and Allergan Limited (f/k/a Allergan plc, which, in turn, was f/k/a Actavis plc)(collectively, “Allergan”); and,
WHEREAS, on or about December 9, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and CVS Health Corporation

Resolution No. 2023-11
and CVS Pharmacy, Inc. and all of their past and present direct and indirect parent and subsidiaries (collectively, “CVS”); and,
WHEREAS, on or about December 9, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Walgreen Co. (“Walgreens”); and,
WHEREAS, CVS, Teva, Walgreens, Walmart, and Allergan shall be referred in this Resolution as “Settling Defendants”; and
WHEREAS, as part of the settlements with the Settling Defendants, local subdivisions, including certain cities, that are not plaintiffs in the MDL may participate in the settlements in exchange for a release of the Settling Defendants; and, WHEREAS, copies of the proposed terms of those proposed nationwide settlements have been set forth in the Master Settlement Agreements with the Settling Defendants; and,
WHEREAS, copies of the Master Settlement Agreements have been provided to the Town Council with this Resolution; and,
WHEREAS, the Settlement Agreements provide, among other things, for the payment of a certain sum to settling government entities in California including to the State of California and Participating Subdivisions upon occurrence of certain events as defined in the Settlement Agreements (“California Opioid Funds”); and, WHEREAS, California local governments in the MDL have engaged in extensive discussions with the State Attorney General’s Office (“AGO”) as to how the California Opioid Funds will be allocated, which has resulted in the Proposed California StateSubdivision Agreements Regarding Distribution and Use of Settlement Funds (“Allocation Agreements”) from the settlements with the Settling Defendants; and, WHEREAS, copies of the Allocation Agreements for all of the settlements with the Settling Defendants have been provided with this Resolution; and, WHEREAS, the Allocation Agreements allocate the California Opioid Funds as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlements shall be combined pursuant to the Allocation Agreements, and 15% of total from each settlement shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”); and, WHEREAS, under the Master Settlement Agreements, certain local subdivisions that did not file a lawsuit against the Settlement Defendants may qualify to participate in the settlements and obtain funds from the Abatement Account Fund; and,

Resolution No. 2023-11
WHEREAS, the Town is eligible to participate in the Settlement and become a CA Participating Subdivision; and,
WHEREAS, the funds in the CA Abatement Accounts Fund (the 70% allocation) will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision (those above 10,000 in population). The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 to the Allocation Agreements and provided to the Town Council with this Resolution. The Town’s share of the CA Abatement Accounts Fund will be a product of the total in the CA Abatement Accounts Fund multiplied by the Town’s percentage set forth in Appendix 1 of the Allocation Agreements (the “Local Allocation”); and,
WHEREAS, a CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, unless the city elects to take a direct election of the settlement funds, so long as: (a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date; and,
WHEREAS, it the intent of this Resolution is to authorize the Town to enter into the Master Settlement Agreements with the Settling Defendants by executing the Participation Agreements and to enter into the Allocation Agreements by executing the signature pages to those agreements.

NOW, THEREFORE, THE APPLE VALLEY TOWN COUNCIL DOES HEREBY RESOLVE:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Town Manager is authorized to settle and release the Town’s claims against the Settling Defendants in exchange for the consideration set forth in the Settlement Agreements and Allocation Agreements, including taking the following measures:

1. The execution of the Participation Agreements with the Settling Defendants and any and all documents ancillary thereto.

2. The execution of the Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds with the Settling Defendants by executing the signature pages to those Allocation Agreements.

Resolution No. 2023-11

3. Notify the Settlement Fund Administrator that the Town requests a direct payment under the Allocation Agreements at least 60 days prior to the Payment Date in the Settlement Agreements.

SECTION 3. That the Town Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 11th day of April, 2023.
__________________________
Scott Nassif, Mayor
ATTEST:
____________________________________
La Vonda M. Pearson, Town Clerk

1 Proposed California State-Subdivision Agreement
Regarding Distribution and Use of
Settlement Funds – Distributor Settlement

1. Introduction
Pursuant to the Distributor Settlement Agreement, dated as of July 21, 2021, and any revision thereto (the “Distributor Settlement Agreement”), including Section V and Exhibit O, the State of California proposes this agreement (the “CA Distributor Allocation Agreement”) to govern the allocation, distribution, and use of Settlement Fund payments made to California pursuant to Sections IV and V of the Distributor Settlement Agreement.1 For the avoidance of doubt, this
agreement does not apply to payments made pursuant to Sections IX or X of the Distributor Settlement Agreement.

Pursuant to Exhibit O, Paragraph 4, of the Distributor Settlement Agreement, acceptance of this CA Distributor Allocation Agreement is a requirement to be an Initial Participating Subdivision.

2. Definitions
a) CA Participating Subdivision means a Participating Subdivision that is also (a) a Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or greater than 10,000. For the avoidance of doubt, eligible CA Participating Subdivisions are those California subdivisions listed in Exhibit C (excluding Litigating Special Districts) and/or Exhibit I to the Distributor Settlement Agreement. b) Janssen Settlement Agreement means the Janssen Settlement Agreement dated July 21, 2021, and any revision thereto.
c) Litigating Special District means a school district, fire protection district, health authority, health plan, or other special district that has filed a lawsuit against an Opioid Defendant. Litigating Special Districts include Downey Unified School District, Elk Grove Unified School District, Kern High School District, Montezuma Fire Protection District (located in Stockton, California), Santa Barbara San Luis Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin, and LA Care Health Plan.
d) Plaintiff Subdivision means a Subdivision located in California, other than a Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020.

1 A parallel but separate agreement (the “CA Janssen Allocation Agreement”) will govern the allocation, distribution, and use of settlement fund payments under the Janssen Settlement Agreement. An eligible Subdivision may elect to participate in either the Distributor Settlement or the Janssen Settlement, or in both.

2 e) Opioid Defendant means any defendant (including but not limited to Johnson & Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit seeking damages, abatement, or other remedies related to or caused by the opioid public health crisis in any lawsuit brought by any state or local government on or before October 1, 2020.

3. General Terms
This agreement is subject to the requirements of the Distributor Settlement Agreement, as well as applicable law, and the Distributor Settlement Agreement governs over any inconsistent provision of this CA Distributor Allocation Agreement. Terms used in this CA Distributor Allocation Agreement have the same meaning as in the Distributor Settlement Agreement unless otherwise defined herein.

Pursuant to Section V(D)(1) of the Distributor Settlement Agreement, (a) all Settlement Fund payments will be used for Opioid Remediation, except as allowed by Section V(B)(2) of the Distributor Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund payment amounts will be used solely for future Opioid Remediation.

4. State Allocation
The Settlement Fund payments to California,2
pursuant to the Distributor Settlement Agreement,
shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlement Fund shall be combined pursuant to this CA Distributor Allocation Agreement, and 15% of that total shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”).

A. State of California Allocation
Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by the State for future Opioid Remediation.

B. CA Abatement Accounts Fund
i. Allocation of CA Abatement Accounts Funds
a) Seventy percent of the total Settlement Fund payments will be allocated to the CA Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be

2 For purposes of clarity, use of the term “California” refers to the geographic territory of California and the state and its local governments therein. The term “State” or “State of California” refers to the State of California as a governmental unit.

3 allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision. The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 in the column entitled abatement percentage (the “Local Allocation”). For the avoidance of doubt, Litigating Special Districts and California towns, cities, and counties with a population less than 10,000 are not eligible to receive an allocation of CA Abatement Accounts Funds.
b) A CA Participating Subdivision that is a county, or a city and county, will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision, and will receive payments as provided in the Distributor Settlement Agreement. c) A CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date. A Local Allocation share allocated to a city but paid to a county is not required to be spent exclusively for abatement activities in that city, but will become part of the county’s share of the CA Abatement Accounts Funds, which will be used in accordance with Section 4.B.ii (Use of CA Abatement Accounts Funds) and reported on in accordance with Section 4.B.iii (CA Abatement Accounts Fund Oversight).
d) A city within a county that is a CA Participating Subdivision may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the Settlement Fund Administrator at least 60 days prior to a Payment Date. For purposes of this CA Distributor Allocation Agreement, the Cities of Los Angeles, Oakland, San Diego, San Jose and Eureka will be deemed to have elected direct payment if they become Participating Subdivisions.
e) The State will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.
f) Funds received by a CA Participating Subdivision, and not expended or encumbered within five years of receipt and in accordance with the Distributor Settlement Agreement and this CA Distributor Allocation Agreement shall be transferred to the State; provided however, that CA Participating Subdivisions have seven years to expend or encumber CA Abatement Accounts Funds designated to support capital outlay projects before they must be transferred to the State. This provision shall not apply to the Cost Reimbursement Funds, which shall be controlled by Appendix 2.

4 ii. Use of CA Abatement Accounts Funds
a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to the Distributor Settlement Agreement.
b) In addition to this requirement, no less than 50% of the funds received by a CA Participating Subdivision from the Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities:
(1) the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure; (3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
(4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or
(5) interventions to prevent drug addiction in vulnerable youth. c) The California Department of Health Care Services (“DHCS”) may add to this list (but not delete from it) by designating additional High Impact Abatement Activities. DHCS will make reasonable efforts to consult with stakeholders, including the CA Participating Subdivisions, before adding additional High Impact Abatement Activities to this list. d) For the avoidance of doubt, and subject to the requirements of the Distributor Settlement Agreement and applicable law, CA Participating Subdivisions may form agreements or ventures, or otherwise work in collaboration with, federal, state, local, tribal or private sector entities in pursuing Opioid Remediation activities funded from the CA Abatement Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for Opioid Remediation consistent with the Distributor Settlement Agreement and this CA Distributor Allocation Agreement, a county and any cities or towns within the county may agree to reallocate their respective shares of the CA Abatement Accounts Funds among themselves, provided that any direct distribution may only be to a CA Participating Subdivision and any CA Participating Subdivision must agree to their share being reallocated.

5 iii. CA Abatement Accounts Fund Oversight
a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds must prepare and file reports annually regarding the use of those funds. DHCS may regularly review the reports prepared by CA Participating Subdivisions about the use of CA Abatement Accounts Funds for compliance with the Distributor Settlement Agreement and this CA Distributor Allocation Agreement. b) If DHCS determines that a CA Participating Subdivision’s use of CA Abatement Accounts Funds is inconsistent with the Distributor Settlement Agreement or this CA Distributor Allocation Agreement, whether through review of reports or information from any other sources, DHCS shall send a request to meet and confer with the CA Participating Subdivision. The parties shall meet and confer in an effort to resolve the concern.
c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to meet and confer, unless the parties mutually agree in writing to extend the meet and confer time frame.
d) If the concern still cannot be resolved, the State may bring a motion or action in the court where the State has filed its Consent Judgment to resolve the concern or otherwise enforce the requirements of the Distributor Settlement Agreement or this CA Distributor Allocation Agreement. However, in no case shall any audit be conducted, or motion be brought, as to a specific expenditure of funds, more than five years after the date on which the expenditure of the funds was reported to DHCS, in accordance with this agreement.
e) Notwithstanding the foregoing, this Agreement does not limit the statutory or constitutional authority of any state or local agency or official to conduct audits, investigations, or other oversight activities, or to pursue administrative, civil, or criminal enforcement actions.

C. CA Subdivision Fund
i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. The funds will be used, subject to any limits imposed by the Distributor Settlement Agreement and this CA Distributor Allocation Agreement, to fund future Opioid Remediation and reimburse past opioid-related expenses, which may include fees and expenses related to litigation, and to pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2.

6 The CA Subdivision Funds will be allocated as follows:

a) First, funds in the CA Subdivision Fund shall be used to pay the Special Master’s reasonable fees and expenses in accordance with the procedures and limitations set forth in Appendix 2 to this document;
b) Second, funds will be allocated to Plaintiff Subdivisions that are Initial Participating Subdivisions that have been awarded Costs, as defined by and in accordance with the procedures and limitations set forth in Appendix 2 to this document. c) Funds remaining in the CA Subdivision Fund, which shall consist of no less than 50% of the total CA Subdivision Fund received in any year pursuant to Appendix 2, Section 2.c.v, will be distributed to Plaintiff Subdivisions that are Initial Participating Subdivisions, in relative proportion to the Local Allocation. These funds shall be used to fund future opioid-related projects and to reimburse past opioid-related expenses, which may include fees and expenses related to litigation against any Opioid Defendant.

D. Provision for State Back-Stop Agreement
On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio, Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Distributor Settlement Agreement and, if applicable, the Janssen Settlement Agreement.

A Plaintiff Subdivision may separately agree to use its share of the CA Subdivision Fund to pay for fees or costs incurred by its contingency-fee counsel (“State Back-Stop Agreement”), pursuant to Exhibit R, section I(R), of the Distributor Settlement Agreement and the MDL Fees Order, so long as such contingency fees do not exceed a total contingency fee of 15% of the total gross recovery of the Plaintiff Subdivision pursuant to the Distributor Settlement, and if applicable, the Janssen Settlement, inclusive of contingency fees from the national Attorney Fee Fund and this State Back-Stop Agreement. Before seeking fees or litigation costs and expenses from a State Back-Stop Agreement, private counsel representing Plaintiff Subdivisions must first seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the Distributor Settlement Agreement and, if applicable, the Janssen Settlement Agreement. Further, private counsel may only seek reimbursement for litigation fees and costs that have not previously been reimbursed through prior settlements or judgments.

To effectuate a State Back-Stop Agreement pursuant to this section, an agreement in the form of Appendix 3 may be entered into by a Plaintiff Subdivision, private counsel, and the California Office of the Attorney General. The California Office of the Attorney General shall, upon the request of a Plaintiff Subdivision, execute any agreement executed by a Plaintiff Subdivision and its private counsel if it is in the form of Appendix 3. The California Office of the Attorney

7 General will also consider requests from Plaintiff Subdivisions to execute and enter into agreements presented in other forms.

For the avoidance of doubt, this agreement does not require a Plaintiff Subdivision to request or enter into a State Back-Stop Agreement, and no State Back-Stop Agreement shall impose any duty or obligation on the State of California or any of its agencies or officers, including without limitation the Attorney General.

5. State and Subdivision Reporting
a) DHCS will prepare an annual written report regarding the State’s use of funds from the settlement until those funds are fully expended and for one year thereafter. These reports will be made publicly available on the DHCS web site.
b) Each CA Participating Subdivision that receives payments of funds from the settlement will prepare written reports at least annually regarding the use of those funds, until those funds are fully expended and for one year thereafter. These reports will also include a certification that all funds that the CA Participating Subdivision has received through the settlement have been used in compliance with the Distributor Settlement Agreement and this CA Distributor Allocation Agreement. The report will be in a form reasonably determined by DHCS. Prior to specifying the form of the report DHCS will confer with representatives of the Plaintiff Subdivisions.
c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts Funds will track all deposits and expenditures. Each such subdivision is responsible solely for the CA Abatement Accounts Funds it receives. A county is not responsible for oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city within that county that receives direct payment. Unless otherwise exempt, Subdivisions’ expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will be subject to the normal budgetary and expenditure process of the Subdivision. d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and expenditures, as required by the Distributor Settlement Agreement and this CA Distributor Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must identify and include in their annual report, the amount and how such funds were used, including if used to pay attorneys’ fees, investigation costs, or litigation costs. Pursuant to Section V(B)(2) of the Distributor Settlement Agreement, such information must also be reported to the Settlement Fund Administrator and the Distributors.
e) In each year in which DHCS prepares an annual report DHCS will also host a meeting to discuss the annual report and the Opioid Remediation activities being carried out by the State and Participating Subdivisions.

8 6. Miscellaneous
a) The State or any CA Participating Subdivision may bring a motion or action in the court where the State has filed its Consent Judgment to enforce the requirements of this CA Distributor Allocation Agreement. Before filing such a motion or action the State will meet and confer with any CA Participating Subdivision that is the subject of the anticipated motion or action, and vice versa.
b) Except as provided in the Distributor Settlement Agreement, this CA Distributor Allocation Agreement is not enforceable by any party other than the State and the CA Participating Subdivisions. It does not confer any rights or remedies upon, and shall not be enforceable by, any third party.
c) Except as provided in the CA Distributor Allocation Agreement, if any provision of this agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this agreement will be valid and enforceable to the fullest extent permitted by law. d) Except as provided in the Distributor Settlement Agreement, this agreement shall be governed by and interpreted in accordance with the laws of California.

APPENDIX 1
DISCLAIMER: The allocation percentages herein are estimates only and should not be relied on for decisions regarding legal rights, releases, waivers, or other decisions affecting current or potential legal claims. Percentages shown in the Plaintiff Subdivision Percentage column may change pursuant to Section 4.C. of the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds—Distributor Settlement, whereas the percentages shown in the Abatement Percentage column should not change. Participating Subdivisions, underlying calculations, and the calculated allocation percentages are subject to change. Regarding the column herein entitled “Abatement Percentage,” pursuant to Section 4.B.e., the State of California will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CAParticipating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.

Regarding the column herein entitled “Plaintiff Subdivision Percentage,” payments allocated to a Plaintiff Subdivision, which is not an Initial Participating Subdivision, will be re-allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions.

Regarding the column herein entitled “Abatement Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Abatement Account Funds received, pursuant to Section 4.B. Regarding the column herein entitled “Plaintiff Subdivision Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Subdivision Funds received, pursuant to Section 4.C. Regarding the column herein entitled “Weighted Allocation Percentage,” the annotation of “100%” refers to onehundred percent (100%) of the combined and weighted allocation of the Abatement Percentage and the Plaintiff Subdivision Percentage.

APPENDIX 1
100.000% 100.000% 100.000%
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage County Alameda County Alameda 2.332% 2.853% 2.4237952%
City Alameda Alameda 0.069% 0.0570162%City Albany Alameda 0.013% 0.0107768%City Berkeley Alameda 0.152% 0.1249656%City Dublin Alameda 0.033% 0.040% 0.0338810%City Emeryville Alameda 0.023% 0.0185765%City Fremont Alameda 0.108% 0.0888576%City Hayward Alameda 0.117% 0.0966218%City Livermore Alameda 0.054% 0.0446740%City Newark Alameda 0.026% 0.0217626%City Oakland Alameda 0.486% 0.595% 0.5055601%City Piedmont Alameda 0.014% 0.0114064%City Pleasanton Alameda 0.067% 0.0554547%City San Leandro Alameda 0.039% 0.0321267%City Union City Alameda 0.043% 0.0352484% County Amador County Amador 0.226% 0.277% 0.2349885%County Butte County Butte 1.615% 1.975% 1.6783178% City Chico Butte 0.216% 0.264% 0.2246499%City Oroville Butte 0.079% 0.0646595% County Calaveras County Calaveras 0.226% 0.277% 0.2351644%County Colusa County Colusa 0.059% 0.0489221%County Contra Costa County Contra Costa 2.102% 2.571% 2.1844585% City Antioch Contra Costa 0.037% 0.0301879%City Brentwood Contra Costa 0.026% 0.0215339%City Clayton Contra Costa 0.002% 0.0018060%City Concord Contra Costa 0.055% 0.0456676%City Danville Contra Costa 0.010% 0.0082255%City El Cerrito Contra Costa 0.023% 0.0189024%City Hercules Contra Costa 0.010% 0.0078273%

APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Lafayette Contra Costa 0.006% 0.0046030%City Martinez Contra Costa 0.012% 0.0098593%City Moraga Contra Costa 0.004% 0.0031007%City Oakley Contra Costa 0.010% 0.0079416%City Orinda Contra Costa 0.005% 0.0038157%City Pinole Contra Costa 0.013% 0.0110909%City Pittsburg Contra Costa 0.053% 0.0436369%City Pleasant Hill Contra Costa 0.013% 0.0106309%City Richmond Contra Costa 0.146% 0.1201444%City San Pablo Contra Costa 0.018% 0.0148843%City San Ramon Contra Costa 0.021% 0.0176459%City Walnut Creek Contra Costa 0.026% 0.0212132% County Del Norte County Del Norte 0.114% 0.140% 0.1189608%County El Dorado County El Dorado 0.768% 0.939% 0.7980034% City Placerville El Dorado 0.015% 0.0127642%City South Lake Tahoe El Dorado 0.081% 0.0665456% County Fresno County Fresno 1.895% 2.318% 1.9693410%
City Clovis Fresno 0.065% 0.0536211%City Coalinga Fresno 0.012% 0.0098554%City Fresno Fresno 0.397% 0.3270605%City Kerman Fresno 0.005% 0.0042534%City Kingsburg Fresno 0.008% 0.0066167%City Mendota Fresno 0.002% 0.0019387%City Orange Cove Fresno 0.004% 0.0035607%City Parlier Fresno 0.008% 0.0069755%City Reedley Fresno 0.012% 0.0098804%City Sanger Fresno 0.018% 0.0146135%City Selma Fresno 0.015% 0.0127537% County Glenn County Glenn 0.107% 0.131% 0.1116978%County Humboldt County Humboldt 1.030% 1.260% 1.0703185%

APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Arcata Humboldt 0.054% 0.0447660%City Eureka Humboldt 0.117% 0.143% 0.1216284%City Fortuna Humboldt 0.032% 0.0266837% County Imperial County Imperial 0.258% 0.315% 0.2679006% City Brawley Imperial 0.011% 0.0087986%City Calexico Imperial 0.019% 0.0152799%City El Centro Imperial 0.158% 0.1302522%City Imperial Imperial 0.006% 0.0048791% County Inyo County Inyo 0.073% 0.089% 0.0754413%County Kern County Kern 2.517% 3.079% 2.6159145% City Arvin Kern 0.006% 0.0046425%City Bakersfield Kern 0.212% 0.1747198%City California City Kern 0.009% 0.0070820%City Delano Kern 0.030% 0.0249316%City McFarland Kern 0.003% 0.0025644%City Ridgecrest Kern 0.015% 0.0120938%City Shafter Kern 0.013% 0.0103417%City Tehachapi Kern 0.009% 0.0073580%City Wasco Kern 0.008% 0.0069861% County Kings County Kings 0.293% 0.2413469%
City Avenal Kings 0.007% 0.0056335%City Corcoran Kings 0.013% 0.0107032%City Hanford Kings 0.027% 0.0226038%City Lemoore Kings 0.016% 0.0131900% County Lake County Lake 0.795% 0.6545389%
City Clearlake Lake 0.041% 0.050% 0.0426253%City Lakeport Lake 0.021% 0.026% 0.0222964% County Lassen County Lassen 0.319% 0.391% 0.3320610%
City Susanville Lassen 0.027% 0.0219295%
County Los Angeles County Los Angeles 13.896% 16.999% 14.4437559%

APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Agoura Hills Los Angeles 0.005% 0.0040024%City Alhambra Los Angeles 0.042% 0.0343309%City Arcadia Los Angeles 0.033% 0.0267718%City Artesia Los Angeles 0.001% 0.0005100%City Azusa Los Angeles 0.026% 0.0210857%City Baldwin Park Los Angeles 0.027% 0.0218520%City Bell Los Angeles 0.008% 0.0068783%City Bellflower Los Angeles 0.002% 0.0014485%City Bell Gardens Los Angeles 0.014% 0.0114301%City Beverly Hills Los Angeles 0.065% 0.0534897%City Burbank Los Angeles 0.100% 0.0823132%City Calabasas Los Angeles 0.006% 0.0048948%City Carson Los Angeles 0.019% 0.0159805%City Cerritos Los Angeles 0.005% 0.0039682%City Claremont Los Angeles 0.010% 0.0082584%City Commerce Los Angeles 0.000% 0.0002971%City Compton Los Angeles 0.044% 0.0361882%City Covina Los Angeles 0.028% 0.0229127%City Cudahy Los Angeles 0.001% 0.0006020%City Culver City Los Angeles 0.055% 0.0449894%City Diamond Bar Los Angeles 0.001% 0.0006993%City Downey Los Angeles 0.052% 0.0429994%City Duarte Los Angeles 0.003% 0.0027261%City El Monte Los Angeles 0.031% 0.038% 0.0318985%City El Segundo Los Angeles 0.033% 0.0268020%City Gardena Los Angeles 0.034% 0.0278088%City Glendale Los Angeles 0.166% 0.1366586%City Glendora Los Angeles 0.016% 0.0134411%City Hawaiian Gardens Los Angeles 0.005% 0.0040549%City Hawthorne Los Angeles 0.050% 0.0407833%

APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Hermosa Beach Los Angeles 0.018% 0.0145307%City Huntington Park Los Angeles 0.023% 0.0190667%City Inglewood Los Angeles 0.059% 0.0489195%City La Cañada Flintridge Los Angeles 0.003% 0.0025565%City Lakewood Los Angeles 0.005% 0.0039971%City La Mirada Los Angeles 0.010% 0.0081572%City Lancaster Los Angeles 0.045% 0.0369689%City La Puente Los Angeles 0.002% 0.0012999%City La Verne Los Angeles 0.024% 0.0194190%City Lawndale Los Angeles 0.002% 0.0017731%City Lomita Los Angeles 0.004% 0.0031940%City Long Beach Los Angeles 0.439% 0.3614151%City Los Angeles Los Angeles 2.715% 3.321% 2.8218811%City Lynwood Los Angeles 0.016% 0.0134345%City Malibu Los Angeles 0.002% 0.0019269%City Manhattan Beach Los Angeles 0.032% 0.0260686%City Maywood Los Angeles 0.004% 0.0035528%City Monrovia Los Angeles 0.031% 0.0254455%City Montebello Los Angeles 0.030% 0.0250670%City Monterey Park Los Angeles 0.031% 0.0256677%City Norwalk Los Angeles 0.031% 0.0258228%City Palmdale Los Angeles 0.046% 0.0375827%City Palos Verdes Estates Los Angeles 0.006% 0.0053102%City Paramount Los Angeles 0.011% 0.0091483%City Pasadena Los Angeles 0.146% 0.1200524%City Pico Rivera Los Angeles 0.022% 0.0183333%City Pomona Los Angeles 0.111% 0.0911933%City Rancho Palos Verdes Los Angeles 0.002% 0.0012645%City Redondo Beach Los Angeles 0.062% 0.0506992%City Rosemead Los Angeles 0.003% 0.0028260%

APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City San Dimas Los Angeles 0.003% 0.0022016%City San Fernando Los Angeles 0.013% 0.0104837%City San Gabriel Los Angeles 0.018% 0.0147726%City San Marino Los Angeles 0.009% 0.0073791%City Santa Clarita Los Angeles 0.022% 0.0178167%City Santa Fe Springs Los Angeles 0.031% 0.0257531%City Santa Monica Los Angeles 0.158% 0.1298513%City Sierra Madre Los Angeles 0.006% 0.0048646%City Signal Hill Los Angeles 0.010% 0.0084884%City South El Monte Los Angeles 0.005% 0.0039603%City South Gate Los Angeles 0.020% 0.0166272%City South Pasadena Los Angeles 0.012% 0.0095334%City Temple City Los Angeles 0.005% 0.0039498%City Torrance Los Angeles 0.112% 0.0919820%City Walnut Los Angeles 0.006% 0.0047305%City West Covina Los Angeles 0.049% 0.0404521%City West Hollywood Los Angeles 0.013% 0.0108517%City Whittier Los Angeles 0.032% 0.0260581% County Madera County Madera 0.349% 0.427% 0.3630669%
City Chowchilla Madera 0.012% 0.0097332%City Madera Madera 0.039% 0.0318441% County Marin County Marin 0.564% 0.690% 0.5861325%
City Larkspur Marin 0.015% 0.0124697%City Mill Valley Marin 0.020% 0.0168401%City Novato Marin 0.028% 0.0229824%City San Anselmo Marin 0.009% 0.0078062%City San Rafael Marin 0.089% 0.0729823% County Mariposa County Mariposa 0.084% 0.103% 0.0876131%County Mendocino County Mendocino 0.439% 0.536% 0.4558394% City Ukiah Mendocino 0.039% 0.0317153%

APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage County Merced County Merced 0.551% 0.674% 0.5724262%
City Atwater Merced 0.024% 0.0195846%City Livingston Merced 0.006% 0.0045873%City Los Banos Merced 0.020% 0.0165142%City Merced Merced 0.061% 0.0500762% County Modoc County Modoc 0.065% 0.080% 0.0678250%County Mono County Mono 0.023% 0.029% 0.0242606%County Monterey County Monterey 0.908% 1.111% 0.9437083% City Greenfield Monterey 0.006% 0.0050552%City King City Monterey 0.005% 0.0037355%City Marina Monterey 0.017% 0.0144098%City Monterey Monterey 0.041% 0.0336540%City Pacific Grove Monterey 0.009% 0.0074842%City Salinas Monterey 0.094% 0.0776576%City Seaside Monterey 0.023% 0.0191772%City Soledad Monterey 0.007% 0.0060870% County Napa County Napa 0.288% 0.352% 0.2994325%
City American Canyon Napa 0.017% 0.0136869%City Napa Napa 0.078% 0.0642783% County Nevada County Nevada 0.441% 0.539% 0.4579827%
City Grass Valley Nevada 0.024% 0.0197805%City Truckee Nevada 0.003% 0.0023843% County Orange County Orange 4.364% 5.339% 4.5363576%
City Aliso Viejo Orange 0.014% 0.0113841%City Anaheim Orange 0.554% 0.678% 0.5759282%City Brea Orange 0.086% 0.0708897%City Buena Park Orange 0.087% 0.0714352%City Costa Mesa Orange 0.124% 0.152% 0.1288366%City Cypress Orange 0.033% 0.0271937%City Dana Point Orange 0.001% 0.0005560%

APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Fountain Valley Orange 0.055% 0.0455980%City Fullerton Orange 0.137% 0.168% 0.1425744%City Garden Grove Orange 0.213% 0.1752482%City Huntington Beach Orange 0.247% 0.302% 0.2568420%City Irvine Orange 0.139% 0.170% 0.1442350%City Laguna Beach Orange 0.047% 0.058% 0.0493043%City Laguna Hills Orange 0.014% 0.0115457%City Laguna Niguel Orange 0.001% 0.0007071%City Laguna Woods Orange 0.001% 0.0006546%City La Habra Orange 0.060% 0.073% 0.0621049%City Lake Forest Orange 0.012% 0.0101249%City La Palma Orange 0.012% 0.0095439%City Los Alamitos Orange 0.008% 0.0069190%City Mission Viejo Orange 0.014% 0.0117560%City Newport Beach Orange 0.179% 0.1470134%City Orange Orange 0.150% 0.1231320%City Placentia Orange 0.029% 0.035% 0.0298912%City Rancho Santa Margarita Orange 0.001% 0.0006296%City San Clemente Orange 0.008% 0.010% 0.0086083%City San Juan Capistrano Orange 0.008% 0.0065510%City Santa Ana Orange 0.502% 0.614% 0.5213866%City Seal Beach Orange 0.020% 0.0165891%City Stanton Orange 0.035% 0.0291955%City Tustin Orange 0.073% 0.0600341%City Westminster Orange 0.104% 0.127% 0.1082721%City Yorba Linda Orange 0.044% 0.0362223% County Placer County Placer 1.045% 1.278% 1.0861002%
City Auburn Placer 0.017% 0.0141114%City Lincoln Placer 0.031% 0.0255599%City Rocklin Placer 0.076% 0.0625485%

APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Roseville Placer 0.196% 0.1616559%
County Plumas County Plumas 0.205% 0.251% 0.2128729%County Riverside County Riverside 4.534% 5.547% 4.7128296% City Banning Riverside 0.017% 0.0143848%City Beaumont Riverside 0.021% 0.0171135%City Blythe Riverside 0.012% 0.0096714%City Canyon Lake Riverside 0.000% 0.0001761%City Cathedral City Riverside 0.067% 0.0553614%City Coachella Riverside 0.021% 0.0173054%City Corona Riverside 0.147% 0.1207083%City Desert Hot Springs Riverside 0.024% 0.0200433%City Eastvale Riverside 0.000% 0.0002747%City Hemet Riverside 0.051% 0.0421792%City Indio Riverside 0.056% 0.0457794%City Jurupa Valley Riverside 0.001% 0.0008991%City Lake Elsinore Riverside 0.021% 0.0172949%City La Quinta Riverside 0.063% 0.0516732%City Menifee Riverside 0.032% 0.0260909%City Moreno Valley Riverside 0.137% 0.1130348%City Murrieta Riverside 0.048% 0.059% 0.0497423%City Norco Riverside 0.016% 0.0134542%City Palm Desert Riverside 0.083% 0.0682465%City Palm Springs Riverside 0.076% 0.0629862%City Perris Riverside 0.009% 0.0076774%City Rancho Mirage Riverside 0.052% 0.0431098%City Riverside Riverside 0.268% 0.2206279%City San Jacinto Riverside 0.010% 0.0085936%City Temecula Riverside 0.022% 0.0180086%City Wildomar Riverside 0.008% 0.0062500% County Sacramento County Sacramento 3.797% 4.645% 3.9465887%

APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Citrus Heights Sacramento 0.057% 0.0465312%City Elk Grove Sacramento 0.130% 0.1066994%City Folsom Sacramento 0.108% 0.0890850%City Galt Sacramento 0.017% 0.0143704%City Rancho Cordova Sacramento 0.008% 0.0067679%City Sacramento Sacramento 0.721% 0.882% 0.7496530% County San Benito County San Benito 0.106% 0.130% 0.1101417% City Hollister San Benito 0.027% 0.0225355%
County San Bernardino County San Bernardino 3.259% 3.987% 3.3878124% City Adelanto San Bernardino 0.008% 0.0066640%City Apple Valley San Bernardino 0.025% 0.0207360%City Barstow San Bernardino 0.015% 0.0122056%City Chino San Bernardino 0.064% 0.0525893%City Chino Hills San Bernardino 0.001% 0.0006388%City Colton San Bernardino 0.031% 0.0253443%City Fontana San Bernardino 0.112% 0.0920543%City Grand Terrace San Bernardino 0.006% 0.0051051%City Hesperia San Bernardino 0.035% 0.0291522%City Highland San Bernardino 0.004% 0.0029061%City Loma Linda San Bernardino 0.009% 0.0071188%City Montclair San Bernardino 0.039% 0.0322108%City Ontario San Bernardino 0.179% 0.1472934%City Rancho Cucamonga San Bernardino 0.084% 0.0689431%City Redlands San Bernardino 0.057% 0.0469150%City Rialto San Bernardino 0.073% 0.0603206%City San Bernardino San Bernardino 0.178% 0.1461880%City Twentynine Palms San Bernardino 0.002% 0.0012605%City Upland San Bernardino 0.052% 0.0424460%City Victorville San Bernardino 0.033% 0.0269400%City Yucaipa San Bernardino 0.016% 0.0128772%

APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Yucca Valley San Bernardino 0.003% 0.0021228%
County San Diego County San Diego 5.706% 6.980% 5.9309748% City Carlsbad San Diego 0.128% 0.1050485%City Chula Vista San Diego 0.189% 0.231% 0.1961456%City Coronado San Diego 0.044% 0.0359095%City El Cajon San Diego 0.113% 0.0933582%City Encinitas San Diego 0.061% 0.074% 0.0630289%City Escondido San Diego 0.145% 0.1192204%City Imperial Beach San Diego 0.014% 0.0118283%City La Mesa San Diego 0.055% 0.068% 0.0575593%City Lemon Grove San Diego 0.022% 0.0183911%City National City San Diego 0.080% 0.0656808%City Oceanside San Diego 0.213% 0.1753428%City Poway San Diego 0.062% 0.0511040%City San Diego San Diego 1.975% 2.416% 2.0531169%City San Marcos San Diego 0.089% 0.0733897%City Santee San Diego 0.033% 0.0268401%City Solana Beach San Diego 0.017% 0.0138564%City Vista San Diego 0.052% 0.0425144% Consolidated San Francisco San Francisco 3.026% 3.702% 3.1457169% County San Joaquin County San Joaquin 1.680% 2.055% 1.7460399% City Lathrop San Joaquin 0.009% 0.0075394%City Lodi San Joaquin 0.053% 0.0439484%City Manteca San Joaquin 0.054% 0.0443454%City Ripon San Joaquin 0.013% 0.0104219%City Stockton San Joaquin 0.313% 0.383% 0.3256176%City Tracy San Joaquin 0.084% 0.0692047% County San Luis Obispo County San Luis Obispo 0.816% 0.999% 0.8484126% City Arroyo Grande San Luis Obispo 0.024% 0.0199053%City Atascadero San Luis Obispo 0.029% 0.0240680%

APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City El Paso de Robles (Paso Robles) San Luis Obispo 0.043% 0.0353456%City Grover Beach San Luis Obispo 0.017% 0.0137881%City Morro Bay San Luis Obispo 0.020% 0.0160922%City San Luis Obispo San Luis Obispo 0.077% 0.0637841% County San Mateo County San Mateo 1.074% 1.313% 1.1159599% City Belmont San Mateo 0.021% 0.0169860%City Burlingame San Mateo 0.019% 0.0152537%City Daly City San Mateo 0.044% 0.0363880%City East Palo Alto San Mateo 0.013% 0.0103982%City Foster City San Mateo 0.020% 0.0166101%City Half Moon Bay San Mateo 0.004% 0.0031638%City Hillsborough San Mateo 0.013% 0.0110029%City Menlo Park San Mateo 0.015% 0.0126209%City Millbrae San Mateo 0.013% 0.0105836%City Pacifica San Mateo 0.016% 0.0130625%City Redwood City San Mateo 0.056% 0.0463511%City San Bruno San Mateo 0.021% 0.0172161%City San Carlos San Mateo 0.013% 0.0108885%City San Mateo San Mateo 0.052% 0.0425841%City South San Francisco San Mateo 0.043% 0.0353943% County Santa Barbara County Santa Barbara 1.132% 1.385% 1.1768968% City Carpinteria Santa Barbara 0.001% 0.0008938%City Goleta Santa Barbara 0.004% 0.0028969%City Lompoc Santa Barbara 0.047% 0.0389379%City Santa Barbara Santa Barbara 0.122% 0.1004559%City Santa Maria Santa Barbara 0.058% 0.0479179% County Santa Clara County Santa Clara 2.404% 2.941% 2.4987553% City Campbell Santa Clara 0.014% 0.0112566%City Cupertino Santa Clara 0.008% 0.0066824%City Gilroy Santa Clara 0.025% 0.0202891%

APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Los Altos Santa Clara 0.013% 0.0103338%City Los Gatos Santa Clara 0.013% 0.0103220%City Milpitas Santa Clara 0.036% 0.0298120%City Morgan Hill Santa Clara 0.015% 0.0124619%City Mountain View Santa Clara 0.041% 0.0334608%City Palo Alto Santa Clara 0.039% 0.0323080%City San Jose Santa Clara 0.294% 0.360% 0.3054960%City Santa Clara Santa Clara 0.067% 0.0549723%City Saratoga Santa Clara 0.004% 0.0034161%City Sunnyvale Santa Clara 0.053% 0.0434069% County Santa Cruz County Santa Cruz 0.783% 0.957% 0.8135396% City Capitola Santa Cruz 0.020% 0.0168191%City Santa Cruz Santa Cruz 0.143% 0.1180348%City Scotts Valley Santa Cruz 0.015% 0.0126525%City Watsonville Santa Cruz 0.063% 0.0520136% County Shasta County Shasta 1.095% 1.339% 1.1380191%
City Anderson Shasta 0.024% 0.0198896%City Redding Shasta 0.284% 0.2334841%City Shasta Lake Shasta 0.004% 0.0031993% County Siskiyou County Siskiyou 0.228% 0.279% 0.2373393%County Solano County Solano 0.760% 0.6260795% City Benicia Solano 0.031% 0.0253903%City Dixon Solano 0.016% 0.0130849%City Fairfield Solano 0.109% 0.0897317%City Suisun City Solano 0.021% 0.0176183%City Vacaville Solano 0.119% 0.0976497%City Vallejo Solano 0.167% 0.1373644% County Sonoma County Sonoma 1.218% 1.490% 1.2661290%
City Healdsburg Sonoma 0.032% 0.0266929%City Petaluma Sonoma 0.081% 0.0667507%

APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Rohnert Park Sonoma 0.041% 0.0340759%City Santa Rosa Sonoma 0.184% 0.1519070%City Sonoma Sonoma 0.022% 0.0183438%City Windsor Sonoma 0.016% 0.0129298% County Stanislaus County Stanislaus 1.722% 1.4182273%
City Ceres Stanislaus 0.041% 0.0340260%City Modesto Stanislaus 0.217% 0.1788759%City Newman Stanislaus 0.006% 0.0046964%City Oakdale Stanislaus 0.018% 0.0145531%City Patterson Stanislaus 0.015% 0.0126590%City Riverbank Stanislaus 0.010% 0.0085699%City Turlock Stanislaus 0.065% 0.0531966% County Sutter County Sutter 0.306% 0.374% 0.3179548%
City Yuba City Sutter 0.074% 0.0606242%
County Tehama County Tehama 0.213% 0.261% 0.2216654%
City Red Bluff Tehama 0.014% 0.0117771%
County Trinity County Trinity 0.082% 0.101% 0.0855476%County Tulare County Tulare 0.809% 0.990% 0.8410949% City Dinuba Tulare 0.014% 0.0116929%City Exeter Tulare 0.004% 0.0032479%City Farmersville Tulare 0.003% 0.0027879%City Lindsay Tulare 0.007% 0.0057111%City Porterville Tulare 0.021% 0.0171845%City Tulare Tulare 0.037% 0.0302273%City Visalia Tulare 0.066% 0.0545872% County Tuolumne County Tuolumne 0.486% 0.594% 0.5047621%County Ventura County Ventura 2.192% 2.681% 2.2781201% City Camarillo Ventura 0.002% 0.0012815%City Fillmore Ventura 0.002% 0.0020294%City Moorpark Ventura 0.008% 0.0067337%

APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement Percentage Plaintiff Subdivision Percentage Weighted Allcation Percentage City Oxnard Ventura 0.156% 0.190% 0.1617338%City Port Hueneme Ventura 0.021% 0.0174145%City San Buenaventura (Ventura) Ventura 0.085% 0.0702181%City Santa Paula Ventura 0.014% 0.0119072%City Simi Valley Ventura 0.065% 0.0533043%City Thousand Oaks Ventura 0.022% 0.0179902% County Yolo County Yolo 0.357% 0.437% 0.3713319%
City Davis Yolo 0.055% 0.0451747%City West Sacramento Yolo 0.066% 0.0544321%City Woodland Yolo 0.058% 0.0477904% County Yuba County Yuba 0.214% 0.262% 0.2225679%
City Marysville Yuba 0.014% 0.0112079%

1 APPENDIX 2
Cost Reimbursement Procedure

1. Additional defined terms:
a) Costs means the reasonable amounts paid for the attorney and other City Attorney and County Counsel staff time for individuals employed by a Plaintiff Subdivision at the contractual rate, inclusive of benefits and overhead, together with amounts paid for court reporters, experts, copying, electronic research, travel, vendors, and the like, which were paid or incurred (i) prior to July 21, 2021 in litigation against any Opioid Defendant and/or (ii) in negotiating and drafting this CA Distributor Allocation Agreement. Costs does not include attorneys’ fees, costs, or expenses incurred by private contingency fee counsel. No part of the CA Abatement Accounts Fund will be used to reimburse Costs. b) First Claims Date means October 1, 2023 or when all applications for reimbursement of Costs, in whole or in part, from funds available under Section X and Exhibit R of the Distributor Settlement Agreement or Section XI and Exhibit R of the Janssen Settlement Agreement, have been finally determined under the provisions of those agreements, whichever comes first.
c) Special Master means a retired judicial officer or former public lawyer, not presently employed or retained by a Plaintiff Subdivision, who will aggregate, review, and determine the reasonable Costs to be awarded to each Plaintiff Subdivision that submits a claim for reimbursement of Costs. The Special Master will be selected by a majority vote of the votes cast by Plaintiff Subdivisions, with each such subdivision having one vote. d) Plaintiff Subdivision Committee means the committee of Plaintiff Subdivisions that will review and approve the invoices submitted by the Special Master reflecting his or her reasonable time and expenses.

2. Cost Reimbursement to Plaintiff Subdivision
a) Purpose. Substantial resources have been expended to hold Opioid Defendants accountable for creating and profiting from the opioid crisis, and this effort has been a significant catalyst in creating a National Opioid Settlement with Distributors, Johnson & Johnson, and others.
b) Claims Procedure.
i. If a Plaintiff Subdivision is eligible to seek reimbursement of Costs, in whole or in part, from funds available under Section X or Exhibit R of the Distributor Settlement Agreement or Section XI or Exhibit R of the Janssen Settlement Agreement, it must first make a timely application for reimbursement from such funds. To allow sufficient time for determination of those applications, no claim for

2 Costs to the CA Subdivision Fund under this Agreement may be made before the First Claims Date.
ii. A Plaintiff Subdivision that wishes to be reimbursed from the CA Subdivision Fund must submit a claim to the Special Master no later than forty-five (45) days after the First Claims Date. The Special Master will then compile and redistribute the aggregated claim totals for each Plaintiff Subdivision via email to representatives of all the Plaintiff Subdivisions. A claim for attorney and staff time must list, for each attorney or staff member included in the claim, the following information: name, title, total hours claimed, hourly rate (including, if sought, benefits and share of overhead), and narrative summarizing the general nature of the work performed by the attorney or staff member. For reimbursement of “hard” costs, the subdivision may aggregate across a category (e.g., total for travel costs). It is the intention of the Plaintiff Subdivisions that submission of documents related to reimbursement of Costs does not waive any attorney-client privilege or exemptions to the California Public Records Act.
iii. The Special Master may request, at his or her sole option, additional documents or details to assist in the final award of Costs.
iv. The Special Master will review claims for reasonableness and will notify each Plaintiff Subdivision of the final determination of its claim, and will provide a list of all final awards to all Plaintiff Subdivisions by email or, upon request, via First Class U.S. Mail. Any Plaintiff Subdivision may ask the Special Master to reconsider any final award within twenty-one (21) days. The Special Master will make a final determination on any such reconsideration request within thirty (30) days of receipt. v. Any decision of the Special Master is final and binding, and will be considered under the California Arbitration Act, Code of Civil Procedure section 1280 et seq. as a final arbitration award. Nothing in this agreement is intended to expand the scope of judicial review of the final award for errors of fact or law, and the Parties agree that they may only seek to vacate the award if clear and convincing evidence demonstrates one of the factors set forth in Code of Civil Procedure, section 1286.2, subdivision (a). Plaintiff Subdivisions will have fourteen (14) days after all final awards are made, together with any final determination of a request for reconsideration, to seek review in the Superior Court of California, pursuant to Code of Civil Procedure, section 1285, where the State has filed its Consent Judgment. vi. The Special Master will prepare a report of Costs that includes his or her fees and expenses at least ninety (90) days before the Payment Date for each Annual Payment. The Special Master’s preparation of a report of Costs does not discharge a Plaintiff Subdivision’s reporting requirement under Section V.B.2 of the Distributor Agreement.
vii. A member of the Plaintiff Subdivision Committee, which is a CA Participating Subdivision, will submit to the Settlement Fund Administrator and the Distributors a

3 report of the fees and expenses incurred by the Special Master pursuant to Section V.B.2 of the Distributor Agreement.
c) Claims Priority and Limitation.
i. The Special Master will submit invoices for compensation of reasonable fees and expenses to the Plaintiff Subdivision Committee no later than ninety (90) days prior to the Payment Date for each Annual Payment. The Plaintiff Subdivision Committee will promptly review and, if reasonable, approve the Special Master’s invoice for compensation. The Plaintiff Subdivision Committee will submit approved invoices to the Settlement Fund Administrator for payment. The Special Master’s approved invoices have priority and will be paid first from the CA Subdivision Fund before any award of Costs, subject to the limitation in Section 2.c.v below. ii. Final Awards of Costs that do not exceed seventy-five thousand dollars ($75,000.00) will be paid next in priority after the Special Master’s approved invoices.
iii. Final Awards of Costs in excess of seventy-five thousand dollars ($75,000.00) will be paid proportionally from the funds remaining in that year’s Annual Payment. iv. Any claim for Costs that is not paid in full will be allocated against the next year’s distribution from the CA Subdivision Fund, until all approved claims for Costs are paid in full.
v. In no event will more than 50% of the total CA Subdivision Fund received in any year be used to pay Costs or the Special Master’s approved invoices. vi. In no event shall more than $28 million of the total CA Subdivision Funds paid pursuant to the Distributor Settlement Agreement and the Janssen Settlement Agreement be used to pay Costs.
d) Collateral Source Payments and Third-Party Settlement. i. In the event a Plaintiff Subdivision is awarded compensation, in whole or in part, by any source of funds created as a result of litigation against an Opioid Defendant for its reasonable Costs, it will reduce its claim for Costs from the CA Subdivision Fund by that amount. If a Plaintiff Subdivision has already received a final award of Costs from the CA Subdivision Fund, it will repay the fund up to the prior award of Costs via a payment to the Settlement Fund Administrator or notify the Settlement Fund Administrator that its allocation from the next and subsequent Annual Payments should be reduced accordingly. If the Plaintiff Subdivision is repaying any prior award of Costs, that repayment will occur as soon as is feasible after the Plaintiff Subdivision’s receipt of Cost funds from the collateral source, but no more than 90 days after its receipt from the collateral source. The Settlement Fund Administrator will add any repaid Costs to the CA Subdivision Fund.

4 ii. In the event a Plaintiff Subdivision reaches a monetary settlement or compromise against any Opioid Defendant outside of the National Opioid Settlement, the monetary portion of such settlement, net of fees paid to outside contingency fee counsel and of funds earmarked strictly for abatement, will be credited against its Costs and the subdivision will be ineligible to recover those credited Costs from the CA Subdivision Fund. Plaintiff Subdivisions negotiating monetary settlements or compromises against any Opioid Defendant outside of the National Opioid Settlement will negotiate for funds to repay any Costs it previously received from the CA Subdivision Fund or for Costs it otherwise might be eligible to claim from the CA Subdivision Fund. If such a settlement is paid after all final approved claims for Costs by all Plaintiff Subdivisions are satisfied in full, the settling subdivision will reimburse the CA Subdivision Fund in that amount by making payment to the Settlement Fund Administrator to add to the CA Subdivision Fund in a manner consistent with the repayments described in section 2.d.i above.

APPENDIX 3

CALIFORNIA-SUBDIVISION BACKSTOP AGREEMENT
On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio issued an Order (the Order), docket number 3814, in In Re National Prescription Opiate Litigation, MDL 2804, addressing contingent attorney fee contracts between political subdivisions eligible to participate in the Distributors Settlement and their counsel.

In light of the Order, and at the request of [SUBDIVISION], the [SUBDIVISION], its counsel [COUNSEL], and the California Attorney General, on behalf of the State of California, are entering into this California-Subdivision Backstop Agreement (Backstop Agreement). [SUBDIVISION] and [COUNSEL] intend this Backstop Agreement to constitute a State BackStop Agreement as that term is used in the Order and in Exhibit R (Agreement on Attorneys’ Fees, Expenses and Costs) of the Distributor Settlement Agreement.

Pursuant to this Backstop Agreement, [SUBDIVISION] may, subject to the limitations of the Distributor Settlement Agreement and CA Distributor Allocation Agreement, as well as any other limitations imposed by law, use funds that it receives from the Distributor Settlement CA Subdivision Fund to pay a contingent fee to [COUNSEL]. Any such payment from [SUBDIVISION] to [COUNSEL], together with any contingency fees that [COUNSEL] may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of [PERCENTAGE NOT TO EXCEED 15%] of the total gross recovery of [SUBDIVISION] from the Distributors Settlement.
[COUNSEL] certify that they first sought fees and costs from the Attorney Fee Fund created under the Distributor Settlement Agreement before seeking or accepting payment under this backstop agreement. [COUNSEL] further certify that they are not seeking and will not accept payment under this backstop agreement of any litigation fees or costs that have been reimbursed through prior settlements or judgments.

The Attorney General is executing this agreement solely because the definition of “State BackStop Agreement” in Exhibit R of the Distributor Settlement Agreement requires such agreements to be between “a Settling State” and private counsel for a participating subdivision. Neither the California Attorney General nor the State of California have any obligations under this Backstop Agreement, and this Backstop Agreement does not require the payment of any state funds to [SUBDIVISION], [COUNSEL], or any other party.
[DATE] [SUBDIVISION SIGNATURE BLOCK]
[DATE] [COUNSEL SIGNATURE BLOCK]
[DATE] [ATTORNEY GENERAL SIGNATURE BLOCK]

SAMPLE

EXHIBIT K
Subdivision and Special District Settlement Participation Form Will your subdivision or special district be signing the settlement participation forms for the Allergan and Teva Settlements at this time?
[ ] Yes [ ] No
Governmental Entity: San Bernardino County State: CA
Authorized Signatory:

Address 1:

Address 2:

City, State, Zip:

Phone:

Email:

The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated November 22, 2022 (“Allergan Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released Entities, and agrees as follows.

1. The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Allergan Settlement as provided therein.

2. Following the execution of this Settlement Participation Form, the Governmental Entity shall comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation Activities.

3. The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to the filing of the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at https://nationalopioidsettlement.com.

4. The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to Subdivisions and Special Districts as defined therein.

5. By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.

6. The Governmental Entity agrees to use any monies it receives through the Allergan Settlement solely for the purposes provided therein.
1

SAMPLE

7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Allergan Settlement.

8. The Governmental Entity has the right to enforce the Allergan Settlement as provided therein.

9. The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not limited to, all provisions of Section V (Release), and along with all departments, agencies, divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Allergan Settlement shall be a complete bar to any Released Claim.

10. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Allergan Settlement.

11. In connection with the releases provided for in the Allergan Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Allergan Settlement.

12. Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to which the Governmental Entity hereby agrees. To the extent this Settlement Participation Form is interpreted differently from the Allergan Settlement in any respect, the Allergan Settlement controls.
2

SAMPLE
I have all necessary power and authorization to execute this Settlement Participation Form on behalf of the Governmental Entity.

Signature:

Name:

Title:

Date:
3

Town Council Agenda Report
Date: April 11, 2023
To: Honorable Mayor and Town Council
Subject: ADOPT RESOLUTION NO. 2023-10, A RESOLUTION OF THE TOWN

COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA,

AUTHORIZING EXECUTION OF A SURETY BOND TO MEET THE

FINANCIAL SECURITY REQUIREMENT FOR APPLE VALLEY

CHOICE ENERGY COMMUNITY CHOICE AGGREGATION

PROGRAM

From: Douglas Robertson, Town Manager
Submitted by: Guy Eisenbrey, Director of Municipal Services Municipal Services
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Staff recommends that the Town Council adopt Resolution No. 2023-10 authorizing the execution of a surety bond to meet the financial security requirement for Apple Valley Choice Energy.

SUMMARY
Apple Valley Choice Energy (AVCE) is required by the California Public Utilities Commission (CPUC) to provide an approved financial instrument, such as a Letter of Credit or Surety Bond, to meet the Financial Security Requirement (FSR) as mandated by CPUC Decision 18-05-022 (Decision).

BACKGROUND
The Town’s Community Choice Aggregation (CCA) Program, AVCE, was established by the Town Council through the adoption of Ordinance No.486 on August 9, 2016.

In 2018, the CPUC issued the Decision which established reentry fees and financial security requirements for CCAs. The purpose of the FSR instrument is to cover reentry fees borne by the Investor-Owned Utility (IOU) in the event of a mass involuntary return

of CCA customers to the IOU, such as a decertification of a CCA or a CCA failure. The IOU may only withhold funds from the financial security instrument for unpaid administrative or procurement costs associated with the return of CCA customers to the IOU. Any withholding of those funds must first be approved by the CPUC.

The Decision required all CCAs, including AVCE, to submit an Advice Letter with the FSR instrument to the CPUC before serving customers in order to show compliance with the Decision. California Choice Energy Authority (CalChoice) worked with its legal team to draft the advice letter, which was submitted with a copy of an executed Letter of Credit, which was the instrument used to satisfy the FSR obligation. The FSR amount has been $147,000 since the initial posting of the Letter of Credit. The Letter of Credit, issued by River City Bank (RCB), is collateralized by a cash deposit of $147,000 in an account held with RCB in the Town’s name.

The methodology used to calculate the FSR amount for CCAs is under review at the CPUC to ensure that IOUs do not unreasonably bear costs associated with a mass return of CCA customers to the IOU. In anticipation of a change to the methodology to calculate the FSR amount which may result in an increase in the FSR amount, staff is proposing replacing the current Letter of Credit, which requires dollar-for-dollar cash collateral, with a surety bond, which is more flexible and has a 1% annual fee. Because the methodology used to calculate the FSR includes benchmarks related to energy pricing, which can move up and down depending on market conditions, staff is requesting a not-to-exceed amount that contemplates future volatility in the energy market. Currently, the estimated fee for the first year is $1,470.00. When the current Letter of Credit expires later this calendar year, the $147,000 cash collateral will be released to the Town.

Based on the foregoing, staff recommends that Town Council adopt Resolution No. XXXX authorizing the execution of a surety bond and related documents for the purpose of satisfying the Financial Security Requirement as required by the California Public Utilities Commission.

FISCAL IMPACT
The annual fee will be paid for by AVCE funds for a not-to-exceed amount of $25,000 annually, with the fee for the current fiscal year at $1,470.00. Future appropriations will be budgeted accordingly in subsequent fiscal years.

ATTACHMENTS

1. Resolution No. 2023-10

2. Form of Surety Bond

3. Form of Commercial General Agreement of Indemnity

RESOLUTION NO. 2023-10

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE

VALLEY, CALIFORNIA, AUTHORIZING THE EXECUTION A OF

SURETY BOND TO MEET THE FINANCIAL SECURITY REQUIREMENT

FOR APPLE VALLEY CHOICE ENERGY COMMUNITY CHOICE

AGGREGATION PROGRAM
WHEREAS, Community Choice Aggregation (CCA), authorized by Assembly Bill 117, is a state law that allows cities, counties, and other authorized entities to aggregate electricity demand within their jurisdictions in order to purchase and/or generate alternative energy supplies for residents and businesses within their jurisdiction while maintaining the existing electricity provider for transmission and distribution services; and WHEREAS, on August 9, 2016, the Town Council adopted Ordinance 486, Establishing a Community Choice Aggregation Program, Apple Valley Choice Energy; and
WHEREAS, the California Public Utilities Code Section 394.25 requires the posting of a bond or insurance sufficient to cover costs of an involuntary return of customers, also known as the Financial Security Requirement; and
WHEREAS, the minimum Financial Security Requirement is $147,000, but may increase because of market conditions or regulatory decisions; and WHEREAS, the Town of Apple Valley, on behalf of Apple Valley Choice Energy, has previously satisfied the Financial Security Requirement through the issuance of a letter of credit; and
WHEREAS, the Town of Apple Valley, on behalf of Apple Valley Choice Energy, now seeks to satisfy the Financial Security Requirement through the issuance of a surety bond.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AS FOLLOWS:

SECTION 1. That based upon and in consideration of staff reports, presentations, public testimony and comment, and such other matters presented to the Town Council during the public meeting on this matter, the Town Council finds and declares the foregoing recitals to be true and correct and incorporates the same as substantive findings herein.

SECTION 2. That the Town Manager is authorized to execute documents to enable

Resolution 2023-10
the issuance of, and amendments to, a surety bond in satisfaction of the Apple Valley Choice Energy’s Financial Security Requirement. The Town Manager is authorized to consult with the Town Attorney on the form of the surety bond and to make such edits as are deemed appropriate by the Town Attorney.

SECTION 3. That the Town Clerk shall certify to the adoption of this Resolution, and it shall become effective immediately upon adoption.

APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 11th day of April 2023.

ATTEST: Scott Nassif, Mayor
La Vonda M-Pearson, Town Clerk

SURETY BOND
Bond No: [____]
Community Choice Aggregator Name: ______________________________ This Surety Bond (“Bond”), dated and effective as of [date of execution] (“Effective Date”), is issued by [Surety’s legal name], a [form of business entity and state of registration] and an admitted surety insurer authorized to transact the business of surety in the State of California (“Surety”), on behalf of CCA’s/JPA’s legal name], a [form of business entity and state of registration] (“Principal”), in favor of Southern California Edison Company, a California corporation (“SCE” or “Obligee”).

A. Principal is required to post financial security as the Financial Security Requirement (“FSR”) defined in the SCE Rule 23 (“the Tariff”).

B. Principal has elected to satisfy its obligation to post FSR by having Surety issue this Bond to Obligee, and Obligee has agreed to accept this Bond as FSR.

The Principal and Surety, each intending to be legally bound, agree as follows:

1. Payment upon Demand.
(a) Surety irrevocably and unconditionally agrees to pay to Obligee amounts not to exceed $ (One Hundred Forty-Seven Thousand U.S. Dollars) in the aggregate (“Maximum Bond Amount”), in accordance with the terms of this Bond.
(b) No later than fifteen (15) Business Days after Surety receives from Obligee a demand notice substantially in the form attached hereto as Exhibit A (“Demand Notice”), Surety shall pay to Obligee, by wire transfer of immediately available funds, the amount specified by Obligee in such Demand Notice.
(c) For purposes of this Bond, “Business Day” means any day other than a Saturday, Sunday, or a Federal Reserve Bank holiday.

2. Multiple Draws Permitted. Obligee may demand multiple payments from Surety under this Bond by providing Demand Notices to Surety from time to time in accordance herewith.

3. Principal Pays Bond Costs. Principal shall pay all commissions, charges, fees, and other costs associated with this Bond. Principal’s failure to pay any such commissions, charges, fees, or costs is not grounds for termination of this Bond.

4. Term. The term of this Bond (“Original Term”) commences on the Effective Date and ends at 5:00 p.m., California time, on [insert date that Bond’s Original Term ends] or, if such date is not a Business Day, at 5:00 p.m., California time, on the next Business Day; provided, however, that this Bond shall, subject to Section 6 hereof, be automatically renewed for a term of 365 calendar days upon the expiration of the Original Term and any renewed 365 calendar day term (“Renewed Term”).

5. Reinstatement of Bond. Notwithstanding anything to the contrary set forth herein, including but not limited to Section 6 hereof, this Bond and the obligations of Surety hereunder shall be reinstated if, at any time following (a) the termination of this Bond by its terms, or (b) the payment by Surety of the Maximum Bond Amount, any payment made by Surety to Obligee pursuant to a Demand Notice under this Bond is rescinded or must otherwise be returned by the Obligee or other person as a preference, fraudulent transfer, or otherwise, or as a result of the insolvency, bankruptcy, reorganization, dissolution or liquidation of Principal, Surety, or otherwise, and such reinstatement

shall return the parties hereto to be bound by their obligations hereunder, all as though such rescinded or returned payment had not been made. In the event of any reinstatement of this Bond and the obligations of Surety hereunder, the then-effective term of this Bond shall end on the later of (x) the term that would have otherwise been effective hereunder, and (y) sixty (60) Business Days after the date that this Bond is reinstated.

6. Termination.
(a) Surety may terminate this Bond by providing Notice (as defined in Section 7 hereof) to each of Obligee and Principal at least sixty (60) calendar days before the expiration of the Original Term or the Renewed Term, as applicable, of Surety’s intention to terminate this Bond, in which case this Bond shall terminate as of the end of the Original Term or the Renewed Term, as applicable; provided, however, that (i) Surety’s liability under this Bond shall survive such termination and remain in full force and effect as to obligations incurred by Principal during the Original Term and each Renewed Term, or respective portion thereof, and (ii) if Principal does not provide alternative financial security consistent with the FSR obligation in the Tariff at least twenty (20) Business Days before the expiration of the Original Term or the Renewed Term, as applicable, Surety shall, no later than fifteen (15) Business Days after Surety receives from Obligee a Demand Notice, pay to Obligee, by wire transfer of immediately available funds, the amount specified by Obligee in such Demand Notice, which amount, when aggregated with all prior payments made by Surety hereunder and not previously rescinded or returned as described in Section 6 hereof, shall not exceed the Maximum Bond Amount. (b) Subject to Section 5 hereof, the obligation of the Surety to make payments pursuant to this Bond shall terminate automatically and without further notice or action upon the delivery of any payment to the Obligee pursuant to a Demand Notice which, when aggregated with all prior payments to the Obligee pursuant to a Demand Notice, equals or exceeds the Maximum Bond Amount and, if applicable, any additional amounts due to Obligee in accordance with Section 9 hereof.

7. Notice. All notices (including, without limitation, Cure Notices (as defined in Section 11(b) hereof) and Demand Notices), requests, or other communications (“Notices”) under or relating to this Bond shall be in writing and shall be delivered by facsimile or other means of electronic transmission, hand delivery, or overnight courier service, and shall be deemed delivered as follows: (a) Notice by facsimile or other means of electronic transmission or by hand delivery shall be deemed delivered on the date and at the time actually received, if received during business hours on a Business Day, and otherwise shall be deemed delivered at 8:00 a.m. on the next Business Day; and (b) Notice by overnight courier service shall be deemed delivered on the next Business Day after such Notice is sent. A party may change its designated representatives, addresses and other contact information by providing Notice of such change(s) in accordance with this Section 7. The Notice information is as follows:

If to Principal: [CCA’s or JPA’s legal name]
[CCA’s or JPA’s address]
Attention: [Title or person’s name]
Tel No.: [Phone number]
Email Address: [Email address]
If to Obligee: Southern California Edison Company
Manager of Risk Operations and Collateral Management
2244 Walnut Grove Avenue, GO1, Q2B
Rosemead, CA 91770
Tel No.: (626) 302-3464
Email Address: [email protected]
If to Surety: [Surety’s name]
[Surety’s address]
Attention: [Title or person’s name]
Tel No.: [Phone number]
Email Address: [Email address]

8. Obligations Unconditional; Waiver of Defenses.
(a) Surety’s obligations under this Bond (i) are unconditional, irrevocable, and independent of Principal, and (ii) shall not be affected by any circumstance that constitutes a legal or equitable discharge of a surety or guarantor.
(b) Surety irrevocably and unconditionally waives any defense whatsoever to payment of amounts owing by Principal to Obligee, including, without limitation, any defense relating to the following: (i) the existence of an indebtedness of Principal to Obligee in excess of the Bond Amount; (ii) release of Principal by agreement or by operation of law; (iii) Obligee’s taking, amendment to, or release of any additional security, guaranty or surety for Principal’s obligations under the Tariff; (iv) Obligee’s waiver or election of, or failure to pursue any right or remedy available to it, including, without limitation, Obligee’s waiver or election of, or failure to pursue any right or remedy available to it under the Tariff; (v) any and all of the rights and defenses described in subdivision (a) of Section 2856 of the California Civil Code, as may be amended from time to time, including, without limitation, any and all rights and defenses that are or may become available to Surety by reason of Sections 2787 to 2855 thereof, inclusive; (vi) any right of Surety or Principal to require Obligee to first proceed against Principal, any other guarantor or surety, or any other collateral Obligee may hold; (vii) the validity or enforceability of Principal’s obligations to Obligee; (viii) any amendments or other modification made from time to time to the Tariff; (ix) any defenses, setoffs, or counterclaims that Principal may allege or assert with respect to the Maximum Bond Amount (or any portion thereof); (x) the benefit of any statute of limitations affecting Surety’s liability under this Bond or the enforcement of this Bond; and (xi) any other act or omission, or delay to do any other act that might to any extent vary the risk of Surety as an obligor under this Bond, including, without limitation, Principal’s failure to provide a copy of a Cure Notice to Surety pursuant to Section 11(b) hereof. (c) Surety shall pay all amounts demanded by Obligee in accordance with this Bond without setoff, abatement, reduction or counterclaim of any kind whatsoever.

9. Disputes; Enforcement Action. If Surety and/or Principal in any way dispute the terms of this Bond or the payment of any or all of the Maximum Bond Amount, then, notwithstanding such dispute, Surety shall pay the Maximum Bond Amount without setoff, abatement, reduction or counterclaim of any kind whatsoever, other than a reduction for any amounts already validly paid by Surety to Obligee pursuant to Demand Notices previously honored by Surety. Surety shall pay all reasonable

costs, damages, and expenses incurred by Obligee arising out of or otherwise associated with the enforcement of this Bond, including, without limitation, reasonable attorney fees and expenses.

Surety’s obligation to pay such costs, damages, fees, and expenses shall be in addition to its obligation to pay the Maximum Bond Amount, and shall in no way be interpreted or deemed to be limited by the Maximum Bond Amount.

10. Representations, Warranties and Covenants.
(a) On the Effective Date, Principal and Surety each represents and warrants that (i) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation, (ii) the execution and delivery of, and performance under this Bond are within its powers, have been duly authorized by all necessary action and do not violate any of the terms and conditions in its governing documents, any contracts to which it is a party, or any law, rule, regulation, order or the like applicable to it, (iii) this Bond constitutes a legally valid and binding obligation enforceable against it in accordance with its terms, and (iv) there is not pending, or to its knowledge, threatened against it any legal proceeding that could materially adversely affect its ability to perform under this Bond.
(b) Surety represents and warrants that, on the Effective Date, (i) it is listed on the United States Department of Treasury’s most recent and effective listing of approved sureties (Circular 570 or its successor), (ii) it is an admitted surety insurer authorized to transact the business of surety in the State of California, (iii) it has a credit rating of A- or better by Standard and Poor’s or A3 or better by Moody’s, and (iv) either (x) the Maximum Bond Amount is not greater than its underwriting limitation, as set forth in Circular 570 or its successor, or (y) to the extent that any portion of the Maximum Bond Amount is in excess of such underwriting limitation, such excess amount is protected with reinsurance as specified in 31 CFR 223.10-11 or its successor. (c) Surety covenants that during the Original Term and each Renewed Term, (i) it shall be listed on the United States Department of Treasury’s most recent and effective listing of approved sureties (Circular 570 or its successor), (ii) it shall be an admitted surety insurer authorized to transact the business of surety in the State of California, (iii) it has a credit rating of A- or better by Standard and Poor’s or A3 or better by Moody’s, and (iv) either (x) the Maximum Bond Amount shall not be greater than its underwriting limitation, as set forth in the most recent Circular 570 or its successor, or (y) to the extent that any portion of the Maximum Bond Amount is in excess of such underwriting limitation, such excess amount is protected with reinsurance as specified in 31 CFR223.10-11 or its successor.

11. Miscellaneous.
(a) Subject to Sections 5 and 9 hereof, the total amount of Surety’s obligations under this Bond for payment to the Obligee shall not exceed the Maximum Bond Amount. (b) If the Obligee issues a notice to Principal requesting the cure of a default under the Tariff (“Cure Notice”) at any time during the Original Term or any Renewed Term, Principal shall ensure that a copy of such Cure Notice is delivered to Surety pursuant to the procedure set forth in Section 7 hereof.
(c) This Bond shall be governed by the laws of the State of California without regard to conflict of laws principles. Surety and Principal irrevocably submit to the jurisdiction of any California court or any United States court sitting in California over any action or proceeding arising out of or relating to this Bond and irrevocably agree that all claims in such action or proceeding may be heard and determined by such court. Surety and Principal agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner

provided by law. Surety and Principal waive any objection to venue on the basis of forum non conveniens. Surety and Principal irrevocably consent to the service of process in any action or proceeding by the mailing of copies of such process to Surety and Principal, as applicable at their respective addresses set forth in, and otherwise in accordance with Section 7 hereof. Nothing in this Bond shall affect the right of Obligee to bring any action or proceeding against Surety and/or Principal or their respective property in the courts of any other jurisdictions.
(d) This Bond may be waived, altered, amended or supplemented only by a writing signed by Surety and Obligee.
(e) Neither this Bond nor any right or interest under this Bond may be assigned by Principal or Surety without the prior written consent of Obligee, which consent shall not be unreasonably withheld. Any direct or indirect change of control of Principal or Surety (whether voluntary or by operation of law) shall be deemed an assignment in violation of this Bond, and will require the prior written consent of Obligee.
(f) If any provision of this Bond is determined to be prohibited or unenforceable by reason of any applicable law of a jurisdiction, then such provision shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions thereof, and any such prohibition or unenforceability in such jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction. (g) The parties to this Bond are represented by legal counsel. The terms of this Bond and the language used herein shall be deemed to be the terms and language chosen by the parties hereto to express their mutual intent. This Bond shall be construed without regard to any presumption or rule requiring construction against the party causing such instrument or any portion thereof to be drafted, or in favor of the party receiving a particular benefit under this Bond. No rule of strict construction will be applied against any party.
(h) This Bond may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [signature page follows]

IN WITNESS THEREOF, each of Surety and Principal has caused this Bond to be executed on its behalf by its duly authorized officer as of the Effective Date. [CCA’S / JPA’S LEGAL NAME]
By: ___________________________________
Name: [Authorized representative’s name]
Title: [Authorized Representative’s title]
[SURETY’S LEGAL NAME]
By: ___________________________________
Name: [Authorized representative’s name]
Title: [Authorized Representative’s title]1

1 [If Surety’s agent is signing on behalf of Surety, a Power of Attorney form for agent is required.]

EXHIBIT A TO SURETY BOND NO. [_____]

FORM OF DEMAND NOTICE
Southern California Edison Company
Attn: Manager of Risk Operations and Collateral Management 2244 Walnut Grove Avenue, GO1, Q2B
Rosemead, CA 91770
[Date]
[Surety’s name
Surety’s address]
Re: Demand Notice under Surety Bond, No. [____], dated and effective as of [Effective Date of Bond] (“Bond”), entered into by [Surety’s legal name] (“Surety”) and [CCA’s / JPA’s full legal name] (“Principal”) and issued by Surety on behalf of Principal in favor of Southern California Edison Company (“Obligee”)
Ladies and Gentlemen:

This letter constitutes Obligee’s Demand Notice to Surety in accordance with the Bond. All capitalized terms used and not otherwise defined in this Demand Notice have the meanings assigned to them in the Bond.
[Insert one or both of the following two paragraphs, as applicable:

The undersigned hereby certifies to Surety that ($[dollar amount]) is due and owing from Principal to Obligee under the terms of SCE’s Rule 23 Tariff. Obligee hereby demands payment from Surety in the amount of $[dollar amount].
- or -
The undersigned hereby certifies to Surety that, as of the close of business on [date less than twenty (20) Business Days before the expiration of the Bond], Principal has not provided Obligee alternative financial security that complies with Tariff Rule 23. Obligee hereby demands payment from Surety in the amount of $[dollar amount].

Please pay this amount in accordance with the following payment instructions no later than fifteen (15) Business Days after your receipt of this Demand Notice, with such receipt determined in accordance with Section 7 (Notice) of the Bond: [SCE’s wire transfer instructions] Sincerely,
Southern California Edison Company
By: ___________________________________
Name: [Authorized representative’s name]
Title: [Authorized representative’s title]

January 2016

CHUBB SURETY
436 Walnut Street, 10th Floor
Philadelphia, Pennsylvania 19107
General Agreement of Indemnity
This General Agreement of Indemnity (this "Agreement") is made and entered into by the undersigned (individually and collectively, the “INDEMNITORS”) for the benefit of Federal Insurance Company and Westchester Fire Insurance Company, their respective direct and indirect subsidiaries, parent companies, and affiliates, whether in existence now or formed or acquired hereafter, co-sureties, fronting companies, companies which any of them may procure to issue or deliver any Bonds for, on behalf of or at the request of any of the Indemnitors, and reinsurers, and the successors and assigns of each of them (individually and collectively, the “SURETY”), for the purpose of indemnifying the SURETY from any and all loss, cost and expense in connection with any and all surety bonds, undertakings, guarantees and/or contractual obligations previously or hereafter executed, issued, procured, delivered or undertaken by the Surety, whether directly or as a result of any asset purchase, merger, acquisition or similar transaction, including any renewals, modifications and/or extensions thereof, for, on behalf of or at the request of: any of the Indemnitors, whether individually or jointly with others; any current or hereafter created or acquired subsidiary, affiliate, joint venture and/or other legal entity in which any of the INDEMNITORS has a substantial, material or beneficial interest; and/or any other party at the request of any of the INDEMNITORS (each a "Bond" and collectively "Bonds").

NOW THEREFORE, in consideration of the SURETY executing the Bonds, the INDEMNITORS agree that:

1. PREMIUMS & COLLATERAL FOR SURETYSHIP-The INDEMNITORS shall pay or cause to be paid to the SURETY both the agreed premium and, upon written request by the SURETY at any time, collateral security for its suretyship until the INDEMNITORS shall furnish to the SURETY competent written evidence, satisfactory to the SURETY, of the termination of any past, present and future liability under any Bond. The INDEMNITORS expressly waive any right to interest which may be earned on the collateral security and further consents that the collateral security provided in consideration of suretyship may be held by the SURETY in any investment or depository that the SURETY in its sole discretion deems advisable and prudent. The Surety’s election not to demand collateral now or at any time shall not operate as a waiver of the right to demand and receive such collateral at any time before liability has terminated under any Bond.

2. INDEMNITY & COLLATERAL FOR CLAIM- The INDEMNITORS shall indemnify and save harmless the SURETY from and against any and all liability, claim, demand, loss, damages, expense, cost, attorney’s fees and expenses, including without limitation, fees and disbursements of counsel incurred by the SURETY in any action or proceeding between the INDEMNITORS and the SURETY, or between the SURETY and any third party, which SURETY shall at any time incur by reason of its execution of any Bond or its payment of or its liability to pay any claim, irrespective of whether the claim is made against the SURETY as a joint or several obligor and whether the INDEMNITORS are then liable to make such payment, and to place the SURETY in funds to meet all of its liability under any Bond, promptly upon request and before the SURETY may be required to make any payment thereunder; and copy of the claim, demand, voucher or other evidence of the payment by the SURETY of any liability, claim, demand, loss, damage, expense, cost and attorney’s fees, shall be prima facie evidence of the fact and amount of INDEMNITORS’ liability to the SURETY under this Agreement. Any demand upon the SURETY by the Obligee shall be sufficient to conclude that a liability exists and the INDEMNITORS shall then place the SURETY with sufficient funds in a form and amount deemed acceptable in the SURETY’S sole discretion, as collateral security to cover the liability.

3. OTHER INDEMNITY -- The INDEMNITORS shall continue to remain bound under the terms of this Agreement even though the SURETY may have heretofore or hereafter, with or without notice to or knowledge of the INDEMNITORS, accepted or released other agreements of indemnity or collateral in connection with the execution or procurement of said Bonds, from the INDEMNITORS or others. The rights, powers and remedies given the SURETY under this Agreement shall be and are in addition to and not in lieu of, any and all other rights, powers and remedies which the SURETY may have

January 2016
or acquire against the INDEMNITORS or others, whether by the terms of any agreement or by operation of law or otherwise.

4. INVALIDITY- In case any of the INDEMNITORS fail to execute this Agreement, or in case the execution hereof by any of the INDEMNITORS be defective or invalid for any reason, such failure, defect or invalidity shall not in any manner affect the validity of this Agreement or the liability hereunder of any of the INDEMNITORS executing the same, but each and every INDEMNITOR so executing shall be and remain full bound and liable hereunder to the same extent as if such failure, defect or invalidity had not existed.

5. SURETIES - All of the terms, provisions and conditions of this Agreement shall be extended to and for the benefit not only of the SURETY, either as a direct writing company or as a co-surety or reinsurer, but also for the benefit of any surety or insurance company or companies with which the SURETY may participate as a co-surety or reinsurer and also for the benefit of any other company which may execute any bond or bonds at the request of the SURETY on behalf of any of the Principals.

6. DECLINE EXECUTION - Unless otherwise specifically agreed in writing, the SURETY may decline to execute any bond and the INDEMNITORS shall make no claim to the contrary.

7. CHANGES, WAIVER OF NOTICE - The INDEMNITORS hereby waive notice of changes to the Bonds or the obligations covered by the Bonds , and agrees that any such changes will not affect INDEMNITORS’ obligations under the terms of this Agreement. Such changes may include but are not limited to continuations, extensions or renewals of the Bonds, the execution of any substitute or substitutes therefore, with the same or different conditions, provisions and obligees with the same or larger or smaller penalties; it being expressly understood and agreed that the INDEMNITOR shall remain bound under the terms of this Agreement even though any such change does or might substantially increase the liability of the INDEMNITORS. The INDEMNITORS waive notice of the execution of Bonds, acceptance of this Agreement, default or other acts giving rise to a bond claim or liability of the SURETY under Bonds.

8. TERMINATION - This Agreement may be terminated by any of the INDEMNITORS upon twenty days’ written notice sent by registered mail to the SURETY at its home office at Chubb Surety, WA10G, 436 Walnut Street, Philadelphia, Pennsylvania 19106-3703, but any such notice of termination shall not operate to modify, bar or discharge the INDEMNITOR as to the Bonds that may have been executed before the date on which such termination notice becomes effective.

9. SEVERABILITY - If any provision or provisions of this Agreement be declared void or unenforceable under any law governing its construction or enforcement, this Agreement shall not be void or vitiated thereby, but shall be construed and enforced with the same effect as though such provision or provisions were omitted.

10. SPECIFIC PERFORMANCE – The INDEMNITORS hereby represent and acknowledge that if any INDEMNITOR breaches its obligations set forth in paragraphs 1 or 2 of this Agreement, the SURETY will have no adequate remedy at law, will suffer irreparable harm, and shall be entitled to injunctive relief enforcing the terms of such paragraph, as well as a final decree, order or judgment granting SURETY specific performance of the terms of such paragraph.

11. CHOICE OF LAW/FORUM - It is mutually agreed that this Agreement is deemed made in the State of New York, regardless of the order in which the signatures of the parties shall have been affixed and shall be interpreted, and the rights and liabilities of the parties determined in accordance with the laws of the State of New York. INDEMNITORS agree that all actions or proceedings arising directly or indirectly from this Agreement shall be litigated only in courts having status within the State of New York, and consents to the personal jurisdiction and venue of any local, state or Federal Court located therein.

12. JOINT/SEVERAL - Each undersigned INDEMNITOR, its successors and assigns, is jointly and severally bound by the foregoing conditions of this Agreement.

January 2016

13. PAY ON DEMAND BONDS – INDEMNITORS may request that SURETY, from time to time, execute Bonds which may require the SURETY to make payment to the Obligees of such Bonds upon such Obligees’ demand (“Pay on Demand Bonds”). INDEMNITORS undertake and warrant that they will deposit cash with the SURETY in such amount and form as demanded by the SURETY within 5 business days following receipt of a written demand from the SURETY stating that it has received a claim on one or more such Pay On Demand Bonds.

14. FACSIMILE – This Agreement bearing the signature of the INDEMNITORS shall be valid, effective and enforceable whether received by the Surety as an original, digital or scanned image, or as a facsimile transmission.

IN WITNESS WHEREOF, INDEMNITOR has signed this Agreement this _______ day of , 20____. (Full Name & Address of Indemnitor)
Address:

Tax ID:

Attest: By:

CORPORATE ACKNOWLEDGMENT
State of _______________________
County of _________________________ ss:

On this _________________________ day of ___________________________________, 20 ______________,before me personally came to me known, who being by me duly sworn, deposed and says that he/she is the _____________________of ________________________, the corporation described in and which executed the foregoing Agreement; that he/she knows the seal of the said corporation; that the seal affixed to the said Agreement is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he/she signed his/ her name thereto by like order.
___________________________________________
(Signature of Notary Public)
My commission expires _______________________

SEE ATTACHED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

Town Council Agenda Report
Date: April 11, 2023
To: Honorable Mayor and Town Council
Subject: BEAR VALLEY ROAD BRIDGE OVER THE MOJAVE RIVER
REHABILITATION PROJECT: PURCHASE AND SALE AGREEMENT
WITH SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT –
APN 0444-121-18
From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Engineering Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council approve the Purchase and Sale Agreement (PSA) with San Bernardino County Flood Control District for the Bear Valley Road Bridge over Mojave River Rehabilitation Project, subject to approval as to form by the Town Attorney and as to content by the Town Manager, and authorizes the Town Engineer to execute the PSA.

BACKGROUND
In June of 2022, Town Council authorized staff to proceed with the acquisition of the portions of identified real property, for an approved Just Compensation, necessary for the Bear Valley Road Bridge project.

San Bernardino County Flood Control District has approved a Purchase and Sale Agreement (PSA) that allows the Town to:
 Enter upon the parcel for the uses designated in the PSA. This Temporary Construction Easement shall start May 31, 2023 and end May 31, 2028.  Acquire an Easement for Southern California Edison facilities relocation.  Acquire an Easement for County Service Area 64 water line relocation.  Acquire an easement for Roadway purposes.
 Acquire an easement for access and maintenance.

ANALYSIS

In preparation for the utilities relocation work, bridge work and roadway work, a Purchase and Sale Agreement has been prepared between the Town of Apple Valley and San Bernardino County Flood Control District to formalize the commitments between the two parties.

FISCAL IMPACT
Funding for this project’s purchase includes the HBP’s grant share of $1,770.00 (88.53%) and the Town’s match from Local Measure I of $229.40 (11.47%). These amounts are reflected in the budget for FY 22/23.

ATTACHMENTS
A. Purchase and Sale Agreement with San Bernardino County Flood Control District for the Bear Valley Road Bridge over Mojave River Rehabilitation Project.

B. Map Exhibit.

1 PROJECT: Bear Valley Road Bridge over the Mojave River Rehabilitation APN: 0444-121-18

AGREEMENT

OF PURCHASE AND SALE

AND ESCROW INSTRUCTIONS
This AGREEMENT of Purchase and Sale and Escrow Instructions (“Agreement”) is entered into by and between the TOWN OF APPLE VALLEY, a California municipal corporation, herein called “Buyer” or “Town”, and San Bernardino County Flood Control District, a body corporate and politic; herein called “Seller”. Seller and Buyer are sometimes individually referred to as “Party” and collectively as “Parties.”

RECITALS
A. Seller owns certain vacant real property located in the County of San Bernardino, bearing Assessor Parcel No. 0444-121-18, located in the Town of Apple Valley, and more particularly described in Exhibit “A”, attached hereto and by this reference incorporated herein.

B. Buyer desires to acquire and purchase a SCE easement, CSA 64 (County) Easement, Temporary Construction Easement, Roadway Easement, and Access and Maintenance Easement as identified and shown on “Attachment 1”, “Attachment 2”, “Attachment 3”, “Attachment 4”, and “Attachment 5”, attached hereto and made a part hereof (the “Easement Property”) and Seller desires to sell the Easement Property.

C. Seller finds that the conveyance of the Easement Property will not substantially conflict or interfere with the use of the Easement Property owned by Seller, the Easement Property will not impair or diminish existing or probable future requirements for flood prevention and water conservation, and the conveyance of the Easement Property is authorized by the California Water Code, Uncodified Acts, Act 1060, §§ 2 and 6 and California Government Code §25526.6.

D. Permission is hereby granted to Town to enter upon Seller’s land where necessary within the certain area shown in “Attachment 3,” attached hereto and made a part hereof, for the construction of a bridge, sidewalk, and the temporary staging of construction equipment during the construction period.

E. This Temporary Construction Easement shall begin May 31, 2023, and terminate May 31, 2028.

F. Seller warrant(s) that they are owner(s) in fee simple of the property affected by this Agreement as described in Clause A above and that they have the exclusive right to grant the rights herein.

G. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Easement Property.

2 AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Seller and Buyer hereto agree as follows:

1. RECITALS. The recitals set forth above are true and correct and incorporated herein by this reference.

2. PURCHASE AND SALE.

Buyer agrees to buy, and Seller agrees to sell and convey the Easement Property for the purchase price and upon the terms and conditions set forth in this Agreement.

The total purchase price for the Easement Property shall be the sum of TWO THOUSAND DOLLARS AND ZERO CENTS ($2,000.00). The purchase price shall be paid by Buyer to Seller in cash at the Close of Escrow. Buyer shall deposit prior to Close of Escrow the funds required in order to allow the Escrow to close.

3. ESCROW.

Within five (5) days of the execution of this Agreement by all Parties, the Parties shall open an escrow (the "Escrow") with FIRST AMERICAN TITLE (the "Escrow Holder"), for the purpose of consummating the purchase and sale of Seller’s interest in the Easement Property as described herein. The Parties hereto shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate the transaction contemplated by this Agreement.

The Escrow instructions shall not conflict with, amend, or supersede any provisions of this Agreement. If there is any inconsistency between such instructions and this Agreement, this Agreement shall control unless the Parties expressly agree otherwise in writing. The Escrow Instructions shall include the following terms and conditions of sale:

3.1 Close of Escrow.

Escrow shall close on or before Forty-Five (45) days following the execution of this Agreement (the "Close of Escrow"). If Escrow is not in a condition to close by the Close of Escrow, and the failure to close is due to unforeseen conditions of title or interest of third parties in the Easement Property that cannot be resolved in Escrow, then Buyer may, at its option, request the cancellation of Escrow and this Agreement, and request the return of any funds it has deposited into Escrow. Upon the cancellation of Escrow and return of Buyer’s funds, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter.

3 3.2 Condition of Title to Easement Property.

Seller shall convey its interests in the Easement Property to Buyer as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ("Title Policy") issued by FIRST AMERICAN TITLE (the "Title Company") in an amount equal to the purchase price. The Title Policy shall show as exceptions with respect to the Easement Property only matters approved in writing by Buyer. Notwithstanding the foregoing, any exceptions to title representing monetary liens or encumbrances are hereby disapproved by Buyer, and Escrow Holder is hereby authorized and instructed to cause the reconveyance, partial reconveyance, or subordination, as the case may be, of any such monetary exceptions to Buyer's title to the Easement Property at or prior to the Close of Escrow.

3.3 Possession and Use.

It is agreed and confirmed by the Parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject Easement Property by the Town, including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Clause 2 herein are deposited into the escrow controlling this transaction. The amount shown in Clause 2 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.

3.4 Costs of Escrow and Title Policy and Closing Costs.

Buyer shall pay the cost of the Title Policy, the Escrow fees, and all other costs and expenses incurred herein.

3.5 Property Taxes and Assessments.

Because of Buyer's status as a public agency, no documentary transfer tax will be payable with respect to this conveyance, pursuant to California Revenue and Taxation Code Section 11922. Similarly, no recording fees will be payable with respect to the recording of the Grant Deed, pursuant to Government Code Section 27383.

To the extent that Seller has prepaid any taxes or assessments attributable to the Easement Property, Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller’s sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow.

3.6 Deposit of Funds and Documents.

Prior to the Close of Escrow, Buyer shall deposit into Escrow (i) all Escrow and Closing Costs as described in Section 3.4 above; (ii) the purchase price to be paid to

4 Seller through Escrow; (iii) such other documentation as is necessary to close Escrow.

Prior to the Close of Escrow, Seller shall deposit into Escrow (i) the properly executed Grant Deed, which form is provided in Exhibit C, for the conveyance of Seller’s interests in the Easement Property to Buyer; and (ii) such other documents and sums, if any, necessary to close Escrow in conformance herewith.

3.7 Buyer's Conditions Precedent to Close of Escrow.

The Close of Escrow and Buyer’s obligation to both accept title to the Easement Property and furnish the Purchase Price are subject to the following conditions:
(a) All representations and warranties of Seller set forth in this Agreement shall be true and correct as of the date of the Close of Escrow; and (b) Seller shall timely perform all obligations required by the terms of this Agreement to be performed by them.

3.8 Seller’s Conditions Precedent to Close of Escrow.

For the benefit of Seller, the Close of Escrow shall be conditioned upon the timely performance by Buyer of all obligations required by the terms of this Agreement.

4. REPRESENTATIONS AND WARRANTIES OF SELLER.

Seller makes the following representations and warranties with respect to the Easement Property, each of which shall survive Close of Escrow:

A. Seller is the lawful owner in fee simple of the Easement Property and has the exclusive right to transfer ownership of the Easement Property, or any part thereof, to Buyer.

B. Seller has the legal right, power, and authority to enter into this Agreement, execute the instruments and documents referenced herein, and consummate the transactions contemplated hereby. Seller warrants that the person or persons executing this Agreement and such other instruments as may be referenced herein on behalf of Seller have the power, right, and authority to bind Seller.

C. The execution and delivery of this Agreement by Seller, Seller’s performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Seller is at present a party or by which Seller is bound; D. To Seller’s knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Easement Property is pending, proposed or threatened; E. Seller will not enter into any agreements or undertake any new

5 obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect its interests in the Easement Property without the prior written consent of Buyer; F. Seller has and shall have paid, before Close of Escrow, Seller’s pro rata share of all taxes and assessments levied and assessed against the Easement Property. If not paid prior to Close of Escrow, Seller hereby authorizes Escrow Holder to disburse to the taxing authority, from funds otherwise due to Seller, an amount sufficient to satisfy Seller’s pro rata share of said taxes and/or assessments; and G. Seller is aware of Seller’s obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the Easement Property. Seller warrants and represents to Buyer that Seller is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Easement Property.

H. The covenants, representations and warranties of Seller under this Section shall be true on and as of the Close of Escrow and shall survive the Close of Escrow. Seller shall defend, indemnify and hold Buyer harmless from and against any and all claims, liabilities, obligations, losses, damages, costs and expenses, including, without limitation, reasonable attorney's fees, court costs and litigation expenses, which Seller may reasonably incur or sustain by reason of or in connection with any misrepresentation made by Seller pursuant to this Section.

I. Seller represents and warrants to Buyer that no broker or finder has been engaged by Seller in connection with the transaction contemplated by this Agreement, or to Seller's knowledge is in any way connected with such transaction. Buyer represents and warrants to Seller that no broker or finder has been engaged by Buyer in connection with the transaction contemplated by this Agreement, or to Buyer's knowledge is in any way connected with such transaction. If any such claims for brokers' or finders' fees or commissions are asserted in connection with the negotiation, execution or consummation of this Agreement, then Buyer shall indemnify, save harmless and defend Seller from and against such claims if they shall be based upon any statement, representation or agreement made by Buyer, and Seller shall indemnify, save harmless and defend Buyer if such claims shall be based upon any statement, representation or agreement made by Seller. Buyer hereby discloses that Buyer's agent involved in the negotiation and execution of this Agreement (or his or her affiliate or employer) may be a licensed real estate broker or salesperson, but will not receive any brokerage commission in connection with the contemplated transaction.

5. REPRESENTATIONS AND WARRANTIES OF BUYER.

Buyer makes the following representations and warranties with respect to the Easement Property, each of which shall survive Close of Escrow:

A. BUYER has the legal right, power and authority to enter into this Agreement and the instruments and documents referenced herein, and to consummate the

6 transactions contemplated hereby. The persons executing this Agreement and such other instruments as may be referenced herein on behalf of BUYER hereby represent and warrant that such persons have the power, right and authority to bind BUYER.

B. BUYER has taken all requisite action and obtained all requisite consent in connection with entering into this Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required.

C. This Agreement is, and all instruments and documents to be executed by BUYER pursuant to this Agreement shall be, duly executed by and are or shall be valid and legally binding upon BUYER and enforceable against BUYER in accordance with their respective terms.

D. Neither the execution of this Agreement nor the consummation of the transaction contemplated hereby shall result in a breach of or constitute a default under any other agreement, document, instrument or other obligation to which BUYER is a party or by which BUYER may be bound, or under law, statute, ordinance, rule governmental regulation or any writ, injunction, order or decree of any court or governmental body applicable to BUYER.

6. ACKNOWLEDGMENT OF FULL BENEFITS AND RELEASE.

A. Through execution of this Agreement, Seller, on behalf of itself, its heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Easement Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder (“severance damages”); pre-condemnation damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of any “bonus value” attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and/or personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Easement Property, or challenge Buyer’s adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney’s fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Easement Property by Buyer. This release shall survive the Close of Escrow.

B. This Agreement arose out of Buyer's efforts to acquire the Easement Property through its municipal authority. Seller, on behalf of itself, its heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any

7 damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Easement Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Easement Property.

C. Seller hereby acknowledges that it either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Seller acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect.

This acknowledgment and release shall survive the Close of Escrow.

I HAVE READ AND UNDERSTOOD PARAGRAPH 6C
/ SELLER’S INITIALS
D. Upon the Close of Escrow, BUYER, on behalf of itself and its successors, waives and releases SELLER and its successors and assigns from any and all costs or expenses whatsoever (including, without limitation, attorneys’ fees and costs), whether direct or indirect, known or unknown , foreseen or unforeseen, arising from or relating to any of the following matters and conditions relating to the Easement Property which exist as of the date of the applicable Close of Escrow: the physical condition of the Easement Property or any above ground or underground improvements thereon, the condition of the soils, the suitability of the soils for the improvement of any proposed project, or any law or regulation applicable thereto. Notwithstanding the preceding, the foregoing released claims shall specifically exclude any claims or other matters based upon (i) breach of any of SELLER's representations and warranties set forth in this Agreement or based upon SELLER's intentional fraudulent acts or omissions; (ii) breach of any of SELLER's obligations specifically provided in this Agreement to be performed after the Close of Escrow; and (iii) any Hazardous Materials deposited or placed in, at or under the Easement Property by SELLER in violation of applicable environmental laws.

E. BUYER expressly waives any rights or benefits available to it with respect to the foregoing release under any provision of applicable law which generally

8 provides that a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time the release is agreed to, which, if known to such creditor, would materially affect a settlement. By execution of this Agreement, BUYER acknowledges that it fully understands the foregoing, and with this understanding, nonetheless elects to and does assume all risk for claims known or unknown, described in this section without limiting the generality of the foregoing:

The undersigned acknowledges that it has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE

CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY

HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR."
The undersigned, being aware of this Code section, hereby expressly waives any rights it may have thereunder, as well as under any other statutes or Common law principles of similar effect.

This acknowledgment and release shall survive the Close of Escrow.

I HAVE READ AND UNDERSTOOD PARAGRAPH 6E
Initials of BUYER:________
F. SELLER shall assist and cooperate with BUYER in endeavoring to remove title exceptions unacceptable to BUYER, but SELLER shall have no obligation to cause such objections to be removed or to expend any sums in such endeavor, except that SELLER shall remove all monetary liens and encumbrances created by or as a result of SELLER’s activities.

7. REMEDIES.

In the event of a default under this Agreement by either Seller or Buyer, the rights of the non-defaulting Party will be as follows:

7.1 Seller Default.

If Seller defaults under this Agreement, then Buyer may, at Buyer's option, terminate this Agreement and the Escrow or initiate an action for specific performance of this Agreement, in addition to pursuing any other rights or remedies that Buyer may have at law or in equity. Upon such termination by Buyer, Seller, as the defaulting Party, shall pay all Escrow and Title company termination fees.

7.2 Buyer Default.

9 If Buyer defaults under this Agreement, then Seller may, at Seller’s option, terminate the Escrow or pursue any rights or remedies that Seller may have at law or in equity. Upon such termination by Seller, Buyer, as the defaulting Party, shall pay all Escrow and Title company termination fees.

8. MISCELLANEOUS.

A. Notice. Any notice to be given or other document or documents to be delivered to either Party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows:

Seller: Department of PW, Special Districts
Attn: Moe Yousif
222 W Hospitality Lane, 2nd Floor
San Bernardino, CA 92415
And
San Bernardino County PW
Attn: Noel Castillo, PE 825
E 3rd St, Room 100
San Bernardino, CA 92415-0835
Buyer: Town of Apple Valley
Attn: Mike Podegracz,
Town Engineer
14955 Dale Evans Parkway
Apple Valley, CA 92307
Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice or other document in the United States mail.

B. Time of Essence. Time is of the essence with respect to each and every provision hereof.

C. Assignment. Neither this Agreement, nor any interest herein, shall be assignable by any Party without prior written consent of the other Party.

D. Governing Law and Venue. All questions with respect to this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. Any and all legal actions sought to enforce this Agreement shall be brought in the courts of the County of San Bernardino.

E. Inurement. Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefit of, and shall be binding upon, the

10 assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the Parties hereto.

F. Attorney Fees. If any legal action is instituted to enforce any Party’s rights hereunder, each Party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing Party.

G. Entire Agreement. This Agreement and the exhibits and attachments hereto contain the entire Agreement of the Parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein.

There are no representations, agreements, arrangements, or understandings, oral or written, between the Parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein.

H. Additional Documents. All Parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement.

I. No Merger. All warranties, representations, acknowledgments, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the Grant Deed.

J. Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes.

K. Waiver. A waiver of any breach or default or failure to enforce any provision of this Agreement shall not operate as a waiver of a future breach of the same provision or any other provision of this Agreement.

L. Amendment/Modification. The terms of this Agreement may not be modified or amended except by a writing signed by all of the Parties hereto.

M. Severability. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected.

N. No Obligation to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the Parties to, any person or entity other than the Parties.

9. COUNTERPARTS
This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument.

10. TITLE VI
The Parties to this contract shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete

11 the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 164, 49 C.F.R Section50.3.

No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract.

EXECUTED on the date or dates set forth below. This Agreement shall be effective as of the date signed by all Parties.

SELLER:

San Bernardino County Flood Control District, a
body corporate and politic
By:

Title:

Date:

BUYER:

TOWN OF APPLE VALLEY
Mike Podegracz, Town Engineer
Date:

ATTACHMENT A

TO AGREEMENT FOR PURCHASE AND SALE

DESCRIPTION OF PROPERTY
That portion of section 36, township 5 north, range 4 west, San Bernardino base and meridian, according to united states government township plat thereof, more particularly described as follows:
said land is bounded on the north by the northerly boundary line of said section 36. said land is bounded on the south by the southerly boundary line of said section 36. said land is bounded on the west by the easterly boundary of lots 79 through 91, inclusive, and lots 93 through 100, inclusive, of tract no. 8031, in the county of San Bernardino, state of California, as per plat recorded in book 105 of maps, page(s) 28 through 36 inclusive, records of said county.
said land is also bounded on the west by the easterly boundary of the following legal description:
that portion of the east ½ of section 35 and the west ½ of section 36, township 5 north, range 4 west, San Bernardino base and meridian, county of San Bernardino, state of California, according to the official plat of said land approved by the surveyor general March 19, 1856, described as follows:
beginning at the southeast corner of said section 35; thence west 1525.00 feet along the south line of said section 35; thence north 240.04 feet to the beginning of a tangent curve concave to the west having a radius of 500.00 feet; thence northwesterly 69.74 feet along the arc of said curve through a central angle of 8° 00' 00"; thence north 08° 00' 00" west, 701.33 feet to the beginning of a tangent curve concave easterly with a radius of 500.00 feet; thence northeasterly 165.81 feet along the arc of said curve through a central angle of 19° 00' 00"; thence north 11° 00' 00" east, 97.96 feet to the beginning of a tangent curve concave northwesterly with a radius of 500.00 feet; thence northeasterly 279.25 feet along the arc of a curve through a central angle of 32° 00' 00"; thence north 43° 00' 00" east; 100.00 feet to the beginning of a curve concave westerly with a radius of 350.00 feet; thence northwesterly 545.03 feet along the arc of said curve through a central angle of 89° 13' 20", to the beginning of a reverse curve concave easterly with a radius of 378.81 feet; thence northeasterly 761.79 feet along the arc of said curve through a central angle of 115° 13' 20"; thence north 69° 00' 00" east, 804.20 feet; thence south 19° 05' 00" east 746.00 feet; thence north 70° 55' 00" east, 460.00 feet; thence north 19° 05' 00" west 385.00 feet; thence north 01° 06' 03" east, 605.89 feet; thence north 41° 00' 00" east 446.78 feet; thence south 83° 10' 00" east 1414.55 feet; thence south 0° 05' 36" east, 2571.87 feet to the south line of said section 36; thence south 89° 54' 24" west, 1720 feet along said south line to the point of beginning;
except that portion thereof included within the land described in parcels 1 and 2 of the deed to the county of San Bernardino, recorded May 31, 1961, in book 5444, page 71 of official records of said county.

Said land is bounded on the east by the westerly boundary of lots 49, 292, K-K, L-L, M-M, N-N, O-O, Q-Q, R-R of tract no. 8032, in the county of San Bernardino, state of California, as per plat recorded in book 108 of maps, page(s) 1 through 13, inclusive, records of said county.

Said land is further identify as assessor parcel number 0444-121-18-0-000 as shown and depicted on the tax assessor map book 0444 page 12.

ATTACHMENT 1

TO AGREEMENT FOR PURCHASE AND SALE

SCE EASEMENT
(Attached Separately)

SP A C E A B O V E T H I S L I N E F O R R E C O R D ER' S US E

GRANT OF EASEMENT
Location: Town of Apple Valley
A.P.N.: 0444-121-18
V&LM FILE: ACQ203557250
SCE Doc No.: 526472
DOCUMENTARY TRANSFER TAX $ Serial No. 73240A
Service Order: 801717268

COMPUTED ON FULL VALUE OF PROPERTY CONVEYED

OR COMPUTED ON FULL VALUE LESS LIENS AND

ENCUMBRANCES REMAINING AT TIME OF SALE
SO. CALIF. EDISON CO.

SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME Approved
Vegetation & Land
Management
BY SF DATE 01/13/2023
SCE LAW Approved: MR
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter called "Grantor", hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns, hereinafter called "Grantee", all those certain non-exclusive easements and rights of way to construct, use, maintain, alter, add to, enlarge, repair, replace, inspect, and/or remove, at any time and from time to time, electric lines, consisting of poles and towers made of various materials, "H" frame structures, guy wires and anchors, crossarms, wires and other fixtures and appliances and communication circuits with necessary appurtenances, both overhead and underground, (hereinafter referred to as “Grantee’s System”) for conveying electric energy to be used for light, heat, power, telephone and/or other purposes, in, under, on, over, along and across a strip of land twenty-five (25.00) feet wide, hereinafter described and designated as "Right of Way Strip," lying within that certain real property of the Grantor, situated in the County of San Bernardino, State of California, more particularly described on the Exhibit “C”, attached hereto and by this reference made a part hereof.

The said Right of Way Strip is more particularly described on the Exhibit "A" and more particularly depicted on the Exhibit "B", both attached hereto and by this reference made a part hereof.

Grantee shall have the right of assignment of this Grant of Easement and the rights contained herein, only in whole and only on the same terms and conditions, including but not limited to the use of the right of Way Strip.

Grantee acknowledges and agrees that any and all construction, alterations, additions, replacements, reconstructions, and removals of Grantee's System to be performed by Grantee at the Right of Way Strip, including (but not limited to) any underground work, shall be subject to Grantee’s submission of detailed plans and Grantor's prior written approval within 14 days, which shall not be unreasonably withheld, except in the event of an emergency that is life threatening, shall cause imminent and substantial damage to Grantee's System, or causes an imminent and substantial power outage, and is not applicable to routine maintenance and patrolling; in which event, Grantee shall promptly provide notice to Grantor following said emergency. Grantor has approved the initial installation of Grantee's System submitted by Grantee pursuant to Grantor permit No FCSUR-2022- 00003. At Grantee's sole expense, Grantee shall secure and maintain all applicable permits and approvals from appropriate local, state and federal agencies for Grantee's System and Grantee's use of the Right of Way Strip and Grantee shall comply with all applicable laws and regulations

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY 2
INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE & REAL ESTATE SERVICES

-2-
Grant of Easement
San Bernardino County Flood Control District to
S.C.E. Co., a corp.

Serial No.: 73240A
V&LM File No.: ACQ203557250
concerning Grantee's System and Grantee's use of the Right of Way Strip. At all times and at Grantee's sole cost and expense, Grantee shall maintain the Right of Way Strip in as good a condition as existed on the Effective Date and pay any and all applicable taxes levied by any government agency against Grantee’s interest in the Right of Way Strip or Grantee's System thereon. Any damage caused by Grantee or its contractors, agents, and employees in its use of the Right of Way Strip shall be promptly repaired by Grantee at Grantee's sole cost and expense to their condition existing immediately prior to such damage.

Grantee shall have the right to access the Right of Way Strip per the Grant of Easement (Access & Maintenance) recorded on as Instrument number of Official Records, in the Office of the San Bernardino County Recorders.

Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents, and employees, the right to clear and to keep clear said Right of Way Strip, free from explosives, buildings, equipment, brush, combustible material and any and all other obstructions of any kind (except for those herein provided) and the right to trim or remove any tree or shrub which in the opinion of Grantee, may endanger said electric lines or any part thereof or interfere with the exercise of the rights herein granted.

Grantor reserves for Grantor and Grantor's successors and assigns, across (but not longitudinally along) said Right of Way Strip, rights for (1) underground water pipelines, (2) farm, grazing or pasture fences, and (3) roads, provided, however, that the exercise of such rights does not interfere with or endanger, in the reasonable opinion of Grantee, the operation or maintenance of the electric lines of Grantee, or Grantee's ready access to its said electric lines, or the exercise of any of the rights herein granted to Grantee.

The Grant of Easement is subject to all permits, agreements, licenses, leases, easements, reservations, restrictions, conditions, covenants, encumbrances, liens, right of ways, and claims of title which may affect Grantor's real property, whether recorded or not (“Encumbrances”). Grantor, to the best of its knowledge as of the Effective Date, and without any duty of inquiry or investigation, is unaware of any unrecorded Encumbrances. The use of the word "grant,, herein shall not imply any warranty on the part of the Grantor with respect to the Right of Way Strip or this Grant of Easement. This Grant of Easement is further subject to Grantors right to use the Right of Way Strip for Grantor's operations and Grantor expressly reserves for itself and its successors and assigns, the continuing right to use the Right of Way Strip or to grant other easements or licenses at the same location so long as such use(s) do not unreasonably interfere with the rights herein granted.

This Grant of Easement is given on the express condition that that Grantor is to be free from all liability by reason of injury or death to persons or damage to property or damages of any kind, from whatever cause arising from the exercise of Grantee's rights set forth herein, or any acts or omissions, negligence, or intentional misconduct of Grantee or any third parties acting on behalf of Grantee. Grantee hereby agrees to indemnify, defend (with counsel reasonably approved by Grantor) and hold harmless Grantor, San Bernardino County, and their authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Grant of Easement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by Grantor on account of any claim arising out of Grantee's exercise of the rights granted hereunder or any acts or omissions, negligence, or intentional misconduct of Grantee or Grantee's contractors, agents, and employees except where such indemnification is prohibited by law. Grantee's indemnification obligation herein shall survive for four (4) years after the termination of this Grant of Easement.

In the event of use of the Right of Way Strip is abandoned by Grantee, this Grant of Easement shall terminate, and Grantee shall thereupon, without cost to Grantor, restore the Right of Way Strip to a condition as near as possible to that which existed on the Effective Date, and deliver to Grantor a

-3-
Grant of Easement
San Bernardino County Flood Control District to
S.C.E. Co., a corp.

Serial No.: 73240A
V&LM File No.: ACQ203557250
quitclaim of Grantee's rights under this Grant of Easement. Non-use of the Right of Way Strip for a period of ten (10) years or more and/or failure to construct all or any portion of the Grantee's System within ten (10) years from the Effective Date shall constitute conclusive evidence of such abandonment.

Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally, sent by overnight delivery, or sent by postage prepaid, first-class United States mail, certified or registered, return receipt requested. Notices shall be deemed delivered upon the earlier of: (i) actual receipt if personally delivered; or (ii) the date of delivery or refusal of the addressee to accept delivery if such notice is sent by overnight delivery or by postage pre-paid, first-class United States mail, certified or registered, return receipt requested.

Grantor: San Bernardino County Flood Control District
825 East Third Street
San Bernardino, CA 92415-0835
Attention: Chief Flood Control Engineer
Grantee: Southern California Edison Company
2 Innovation Way, 2nd Floor
Pomona, CA 91768
Attn: Land Management- Eastern Region
The terms, covenants and conditions of this Grant of Easement shall bind and inure to the benefit of the successors and assigns of Grantor and the successors and assigns of Grantee.

IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its officers thereunto duly authorized, this day of , 2023 (the “Effective Date”).

SAN BERNARDINO COUNTY FLOOD

CONTROL DISTRICT,
a body corporate and politic
By
Name:

Title:

By
Name:

Title:

-4-
Grant of Easement
San Bernardino County Flood Control District to
S.C.E. Co., a corp.

Serial No.: 73240A
V&LM File No.: ACQ203557250
State of California)
County of )
On before me, , a Notary Public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
State of California)
County of )
On before me, , a Notary Public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document

PAGE 1 OF 2
WO# 801717268 - NOT# 203557250
EXHIBIT "A"

LEGAL DESCRIPTION
SERIAL NO. 73240A
APN: 0444-121-18
.

PAGE 2 OF 2
WO# 801717268 - NOT# 203557250

Grant of Easement
San Bernardino County Flood Control District to
S.C.E. Co., a corp.

Serial No.: 73240A
V&LM File No.: ACQ203557250
Exhibit “C” Legal
Description
Lands of the Grantor

THAT PORTION OF THE HEREINAFTER DESCRIBED PROPERTY LYING WITHIN THE BOUNDARIES OF THOSE PARCELS OF LAND CONVEYED TO BOISE CASCADE PROPERTIES, INC., BY DEED RECORDED JUNE 25, 1969, IN BOOK 7256, PAGE 460, OFFICIAL RECORDS, IN THE CITY OF APPLE VALLEY, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

THOSE PORTIONS OF SECTIONS 23, 25, 26 AND 36, TOWNSHIP 5 NORTH, RANGE 4 WEST, SAN

BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL MARCH 19, 1856, AND DESCRIBED IN DEED RECORDED IN BOOK 3089, PAGE 179, OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS A STRIP OF LAND 1250.00 FEET WIDE, BEING 625.00 FEET ON EACH SIDE OF MEASURED AT RIGHT ANGLES TO THE FOLLOWING DESCRIBED CENTER LINE:

BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID SECTION 36, AS SHOWN ON MAP OF RECORD OF SURVEY RECORDED IN BOOK 27, PAGES 7 AND 8 OF RECORDS OF SURVEY, RECORDS OF SAN BERNARDINO COUNTY, DISTANT THEREON NORTH 89° 09' 11" EAST, 1725.13 FEET FROM THE

SOUTHWESTERLY CORNER THEREOF, SAID POINT OF BEGINNING BEING IN A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 4250.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 88° 48' 31" EAST, THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 0° 02' 18", A DISTANCE OF 2.84 FEET; THENCE TANGENT TO SAID CURVE NORTH 1° 09' 11" EAST, 1376.69 FEET TO BE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 10,000 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4° 21' 18", A DISTANCE OF 760.09 FEET; THENCE TANGENT TO SAID CURVE NORTH 3° 12' 07" WEST, 737.56 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 10,000 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 2° 28' 07", A DISTANCE OF 430.85 FEET; THENCE TANGENT TO SAID CURVE NORTH 0° 44' 00" WEST, 659.16 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 2,950 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 22° 23' 33", A DISTANCE OF 1152.93 FEET; THENCE TANGENT TO SAID CURVE NORTH 21° 39' 33" EAST, 469.57 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 2950.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34° 23' 12", A DISTANCE OF 1770.47 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE SOUTHWESTERLY HAVING A RADIUS OR 3084.56 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 21° 26' 42", A DISTANCE OF 1154.51 FEET; THENCE TANGENT TO SAID CURVE NORTH 34° 10' 21" WEST, 1476.52 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3500.00 FEET; THENCE NORTHWESTERLY ALONG, SAID CURVE, THROUGH A CENTRAL ANGLE OF 18° 23' 12", A DISTANCE OF 1123.18 FEET; THENCE TANGENT TO SAID CURVE NORTH 15° 47' 09" WEST, 9.26 FEET TO A POINT IN THE NORTHERLY LINE OF SAID SECTION 25, DISTANT THEREON NORTH 89° 17' 38" EAST, 582.62 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 26, AS SHOWN ON SAID MAP OF RECORD OF SURVEY.

THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED AS NECESSARY SO AS TO TERMINATE AT THE LIMITS OF SAID LAND DESCRIBED IN SAID DEED. -5-

ATTACHMENT 2

TO AGREEMENT FOR PURCHASE AND SALE
CSA 64 (COUNTY) EASEMENT
(Attached Separately)

1 The undersigned grantor(s) declare(s):

DOCUMENTARY TRANSFER TAX $ 0.00 Conveyance to Government Entity R&T 11922 computed on full value of property conveyed, or
computed on full value less liens and encumbrances remaining at the time of sale Unincorporated Area City: [FILL IN]
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as “Grantor”, does hereby grant to the SAN BERNARDINO COUNTY SERVICE AREA 64, hereinafter referred to as “Grantee”, a perpetual non-exclusive easement and right of way (hereinafter “easement” or “grant”) to install, construct, enlarge, survey, reconstruct, remove and replace, operate, maintain, repair, improve and relocate underground pipeline(s) and necessary devices and appurtenances thereto (“Pipelines”), including, without limitation, appurtenances such as culverts, slopes, embankments, curbs and sidewalks and utilities located on a certain portion (“Easement Property”) of Grantor’s real property (“Fee Property”) situated in the County of San Bernardino, State of California and more particularly described in Exhibit “A”, Legal Description attached hereto and made a part hereof, and shown on Exhibit “B”, Plat, attached hereto and made a part hereof.

This easement is granted subject to all permits, agreements, licenses, leases, easements, reservations, restrictions, terms, conditions, covenants, encumbrances, liens and claims of title which may affect said Easement Property. The use of the word “grant” herein shall not imply any warranty on the part of the Grantor with respect to the Easement Property.

Mail Tax Statement As Directed Above
Recording Requested By:

San Bernardino County
Department of Public Works
Special Districts – CSA 64
222 W Hospitality Lane, Second Floor
San Bernardino, California 92415
Mail To:

Same as above
Record without fee subject to Gov’t
Code 6103
Project: Bear Valley Rd. Bridge
No.: 4.101.1E
Parcel No.: 344
Dept. Code: 11600

EASEMENT DEED

UTILITY EASEMENT
D.P. No.: N/A
APN: 0444-121-18
Date: December 21, 2022

2 This easement is also subject to the following terms, conditions and restrictions:

1. This easement is subject to the Grantor’s superior right to use the Easement Property, and Grantor reservesto itself and itssuccessors and assigns a continuing right to use and make any improvements to the Easement Property for Grantor’s use. All of said easement rights are non-assignable and are to be exercised solely by Grantee. The Easement Property shall revert back to Grantor in the event Grantee is dissolved or is annexed by another local agency. Such reversion shall not affect the prior rights, if any, possessed by Grantee in its pre-existing waterline easement located in the road right of way.

2. Grantor may grant further permits, agreements, licenses, leases, easements, reservations, restrictions, terms, conditions, covenants, encumbrances, liens, or other rights over the Easement Property (or portions thereof) for the benefit of other entities not parties to this grant, provided that such further grants do not materially and adversely interfere with Grantee’s use of the Easement Property, as determined by Grantor in its sole discretion.

3. Prior to commencing the construction or replacement of Grantee’s Pipelines, and appurtenances pursuant to this grant, Grantee shall submit all plans for the excavation, construction, installation, removal, and replacement of such improvements to Grantor for Grantor’s review and approval with Grantor to issue to Grantee a permit if such plans are approved by Grantor in Grantor’s sole discretion. The existence of Grantee’s street, highway, road and/or bridge and attendant easement does not give Grantee any rights to do further work of any type within the Easement Property without first obtaining additional permit(s) from Grantor pursuant to the above-stated requirements and conditions.

4. Grantee shall be responsible for securing and maintaining all necessary permits and approvals from other appropriate local, state and federal agencies for its use of the Easement Property, and Grantee shall comply with all applicable laws and regulations concerning the construction of the Pipelines and its use of Easement Property.

5. Any Pipelines constructed by or on behalf of Grantee on the Easement Property shall be designed to not interfere with or impede Grantor’s conveyance of storm water or Grantor’s flood control improvements, if any, now existing or later installed on the Easement Property by Grantor. Grantee’s construction of its Pipelines shall be in accordance with the plan approved by Grantor in accordance with paragraph 3 and must further meet all applicable construction standards and applicable laws,

6. Grantee shall not change the existing grade, modify the topography, or impede or diminish the floodwater conveyance capacity of the Easement Property or the Fee Property without prior written consent of Grantor (in Grantor’s sole discretion).

7. Grantee shall at all times, and at its sole cost and expense, maintain the Easement Property and its Pipeline improvement project constructed (or caused to be constructed) by Grantee and/or its agents in good condition and repair, and free of trash, debris weeds and unauthorized uses. Grantee shall perform all necessary maintenance associated with the entire Pipeline improvement project and appurtenant structures constructed within the Easement Property and shall remove graffiti, and any unauthorized uses or encroachments within or on any part of its appurtenances, as well as performing all necessary weed abatement work within the Easement Property.

8. Grantor shall at all times have free and clear access through and over the Easement Property (except as temporarily approved by Grantor during periods of Grantee’s construction and/or maintenance).

9. Any costs incurred by Grantor for Grantor’s use of the Easement Property, including (but not limited

3 to) any costs incurred by Grantor for the construction, reconstruction, maintenance, and use of any Grantor flood control improvements, if any, now existing or later installed on the Easement Property or the Fee Property attributable to the presence of Grantee’s Pipelines shall be borne by Grantee, at Grantee’s sole cost. In the event that Grantor requires that Grantee’s Pipelines located on the Easement Property be relocated, modified, or protected due to Grantor’s existing or future use of the Easement Property or the Fee Property, Grantee shall promptly relocate, modify, or protect Grantee’s Pipelines as directed by Grantor and Grantee shall bear, at its sole expense, all such relocation, modification and protection costs. Grantee shall pothole its facilities and provide such information to Grantor upon Grantor’s request, or Grantor shall perform such potholing at Grantee’s expense. Notwithstanding anything to the contrary in this paragraph, prior to relocation, modification or protection of Grantee’s Pipelines except in cases of emergency as determined by Grantor in its sole discretion when no prior notice is required, Grantor shall provide Grantee with written notice and 2 years to complete any required relocation, modification or protection within the Easement Property.

10. Grantor shall not be required to contribute any part of the costs associated with Grantee’s street, highway, road and/or bridge on the Easement Property and furthermore, if Grantor is included in an assessment district to pay such costs, Grantee shall promptly reimburse Grantor for any assessment therefore levied upon it upon Grantor demand.

11. Grantee agreesto indemnify, defend (with counsel reasonably approved by Grantor) and hold harmless the Grantor, San Bernardino County, and their authorized officers, employees, agents and volunteers (Indemnitees) from any and all claims, actions, losses, damages, and/or liability arising out of this grant of easement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by Grantor, said County or Indemnitees on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of Grantor, said County or Indemnitees. The Grantee’s indemnification obligation applies to Grantor's, said County's and Indemnitees’ “active” as well as “passive” negligence but does not apply to the Grantor's, said County's or Indemnitees’ “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

12. Grantee agrees to comply with the following insurance requirements (for the purpose of this paragraph, Grantor shall be deemed to include San Bernardino County):

A. Additional Insured - All policies, except for the Workers' Compensation policy, shall contain endorsements naming the Grantor and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of this easement. The additional insured endorsements shall not limit the scope of coverage for the Grantor to vicarious liability but shall allow coverage for the Grantor to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

B. Waiver of Subrogation Rights - Grantee shall require the carriers of required coverages to waive all rights of subrogation against the Grantor, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit Grantee and Grantee's employees or agents from waiving the right of subrogation prior to a loss or claim. Grantee hereby waives all rights of subrogation against the Grantor.

C. Policies Primary and Non-Contributory - All policies required herein are to be primary and noncontributory with any insurance or self-insurance programs carried or administered by the Grantor.

D. Severability of Interests - Grantee agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross-liability exclusions that

4 preclude coverage for suits between Grantee and the Grantor or between the Grantor and any other insured or additional insured under the policy.

E. Proof of Coverage - Grantee shall furnish Certificates of Insurance to Grantor evidencing the insurance coverage, including endorsements, as required, prior to Grantee’s execution of this easement document, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to Grantor, and Grantee shall maintain such insurance throughout the term of the easement. Within fifteen (15) days of the Grantee’s acceptance of this easement, Grantee shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

F. Acceptability of Insurance Carrier - Unless otherwise approved by the San Bernardino County Department of Risk Management (hereinafter “Risk Management”), insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A- VII".

G. Deductibles and Self-Insured Retention - Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

H. Failure to Procure Coverage - In the event that any policy of insurance required under this easement does not comply with the requirements, is not procured, or is canceled and not replaced, the Grantor has the right but not the obligation or duty to obtain insurance if it deems necessary and any premiums paid by the Grantor will be promptly reimbursed by Grantee.

I. Insurance Review - Insurance requirements are subject to periodic review by the Grantor. Grantor’s Director of Risk Management or designee is authorized, but not required, to increase, reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or needed, or not needed, to protect the interests of the Grantor. In addition, if Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the Grantor, inflation, or any other item reasonably related to the Grantor's risk.

J. Any failure, actual or alleged, on the part of the Grantor to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the Grantor.

K. Grantee agrees to provide insurance set forth in accordance with the requirements herein. If Grantee uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, Grantee agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of this easement.

L. Without in any way affecting the indemnity herein provided and in addition thereto, Grantee shall secure and maintain throughout the duration of the easement the following types of insurance with limits as shown:
(1) Workers' Compensation/Employers Liability - A program of Workers' Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the

5 Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons including volunteers providing services on behalf of Grantee and all risks to such persons under this easement.

If Grantee has no employees, it may certify or warrant to the Grantor that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the Grantor's Director of Risk Management.

With respect to Grantees that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance. (2) Commercial/General Liability Insurance - Grantee shall carry General Liability Insurance covering all operations performed by or on behalf of Grantee providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
(a) Premises operations and mobile equipment.
(b) Products and completed operations.
(c) Broad form property damage (including completed operations). (d) Explosion, collapse and underground hazards.
(e) Personal injury
(f) Contractual liability.
(g) $2,000,000 general aggregate limit.
(3) Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence. If Grantee is transporting one or more non- employee passengers in Grantee’s use of the Easement Property, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence. If Grantee owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. (4) Umbrella Liability Insurance - An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
(5) Environmental Liability Insurance with a combined single limit of not less than two million ($2,000,000) per claim or occurrence. The required additional insured endorsement shall protect Grantor without any restrictions.

If insurance coverage is provided on a "claims made" policy, the "retroactive date" shall be shown and must be before the date the easement was signed by Grantor. The claims made insurance shall be maintained or

6 "tail" coverage provided throughout the duration of the easement and for a minimum of five (5) years after termination of this easement.
(6) Subcontractor Insurance Requirements. Grantee agrees to require all parties, including (but not limited to) subcontractors, architects, or others it hires or contracts with related to the excavation, construction, installation, replacement, maintenance and repair, removal, use, or any other work performed by or on behalf of Grantee for the street, highway, road and/or bridge at the Easement Property to provide insurance covering the contracted operation with the same policies and provisions required of Grantee in this easement and with builder’s risk property insurance, providing all risk, including theft coverage for all property and materials to be used for or related to the street, highway, road and/or bridge and said insurance policies shall not have any coinsurance penalty. All policies required under this provision shall include waiver of subrogation rights against Grantor and shall name Grantor as an additional insured.

Grantee agrees to monitor and review all such coverage and assumes all responsibility ensuring that such coverage is provided as required herein.

13. In the event of Grantee’s default of the terms, conditions and/or restrictions set forth herein, Grantor shall give written notice to Grantee of the same. Except in the case of the emergency as determined by Grantor in its sole discretion, Grantee shall have thirty (30) calendar days from the date of the Grantor’s notice to cure the default. If Grantee, within thirty (30) calendar days from the date of the Grantor’s notice to cure the default (except in the case of an emergency as determined by Grantor in its sole discretion), commences the elimination of such default and continuously and diligently proceeds in good faith to eliminate such default, then the period for correction shall be extended for such length of time as is reasonably necessary to complete such correction. In the event Grantee fails to cure the default within the time prescribed herein, Grantor has the right but not the obligation to cure said default at the sole expense of Grantee, or Grantee’s successors and assigns, and without liability to Grantor for loss thereof. Grantee and Grantee’s successors and assigns agree to pay Grantor on demand all expenses incurred by Grantor in curing such default of Grantee. In addition, Grantor may pursue all other remedies available to it at law or in equity and such remedies shall be cumulative.

14. The easement, as well as the terms, conditions and restrictions, created hereby shall constitute covenants running with the land and shall be binding upon and shall benefit all successors and assigns of Grantor and Grantee respectively.

15. This easement shall be governed by the laws of the State of California.

16. This grant may only be amended by a writing executed by both Grantor and Grantee and recorded in the Official Records of San Bernardino County.

17. If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorneys’ fees directly arising from a third-party legal action against a party hereto and payable under paragraph 11.

18. If a court of competent jurisdiction declares any provision of this easement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this easement is frustrated.

IN WITNESS WHEREOF Grantor and Grantee have executed this Easement Deed for street, highway,

7 road and/or bridge purposes on the day and year written below and have agreed to be bound by the terms and provisions hereof.

GRANTOR:

SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
By:

Name:

Title: Chair, Board of Supervisors Date:

8 ACCEPTANCE OF TERMS AND CONDITIONS
This is to certify that the interest in real property conveyed by the Easement Deed for street, highway, road and/or bridge purposes by the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT to the SAN BERNARDINO COUNTY SERVICE AREA 64, is accepted by the undersigned officer on behalf of Grantee and Grantee agrees to be bound by the terms and provisions hereof.

GRANTEE:

By:

Name:

Title:

Date: ___________________________________________

EXHIBIT “A”
Legal Description of Easement Property

EXHIBIT “B”
Plat of Easement Property

ATTACHMENT 3

TO AGREEMENT FOR PURCHASE AND SALE

TEMPORARY CONSTRUCTION EASEMENT
(Attached Separately)

RECORDING REQUESTED BY:

Town of Apple Valley
Attn: Engineering Department
14955 Dale vans Parkway
Apple Valley, CA 92307
WHEN RECORDED MAIL TO:

Same as above
RECORDER:

Record without fee subject to Govt. Code 6103
Recordation required to complete chain of title

UNINCORPORATED AREA TEMPORARY CONSTRUCTION

EASEMENT
DOCUMENT TRANSFER TAX $ 0.00
A.P.N. 0444-121-18 (ptn) Dept. Code : 11700 (Transportation ) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged San Bernardino County Flood Control District, a body corporate and politic (“Grantor”), hereby grants and conveys to TOWN OF APPLE VALLEY (“Grantee”), a TEMPORARY CONSTRUCTION EASEMENT for construction purposes over, under and across the following real property situated in the Town of Apple Valley, County of San Bernardino, State of California, more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and made a part hereof.

It is understood that said TEMPORARY CONSTRUCTION EASEMENT shall expire on May 31, 2028. At the expiration of the Temporary Construction Easement, Grantee shall restore the easement area to a condition substantially the same condition as existed before construction to the extent feasible, unless otherwise agreed to by the Grantor.

It is understood that in the event the Grantor plans to sell, lease or rent the Grantor’s property prior to the final expiration date of this Temporary Construction Easement, the Grantor shall inform, in writing, any and all parties involved in the sale, lease, or rental of this Temporary Construction Easement and associated construction project.

This TEMPORARY CONSTRUCTION EASEMENT is for the purpose of constructing the Bear Valley Road Bridge over the Mojave River Rehabilitation Project, a public project (the “Project”), and gives Grantee, its successors and assigns, including Grantee’s contractor(s), the power to perform all activities necessary for the construction and completion of the Project, inclusive of ingress and egress, and necessary appurtenances thereto, in, over, across, along, through and under the Property.

Name: Date Title
This is to certify that the interest in real property conveyed by the within instrument to San Bernardino County, a body
corporate and politic of the State of California, is hereby accepted by the undersigned officer/agent on behalf of the Board of Supervisors pursuant to authority conferred by resolution of the Board of Supervisors adopted on March 27, 2012 and the Grantee consents to recordation thereof by its duly authorized officer/agent.

Township: 5N Range: 4W Section: 36
Geo Index: Sect.: Quad.:

Road Name(s) : Bear Valley Road
Project:

Bear Valley Road Bridge over the Mojave
River Rehabilitation Project
Work Order No. :

By: Date: Parcel No. (s) :

Terry W. Thompson, Director A.P.N. (s) : 0444-121-18 (ptn) Real Estate Services Department

MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE
Not Applicable
Name Street Address City & State Page 129 of 180
EXHIBIT “A”
Legal Description of Easement Property

EXHIBIT “B”
Plat of Easement Property

ATTACHMENT 4

TO AGREEMENT FOR PURCHASE AND SALE

ROADWAY EASEMENT
(Attached Separately)

1 The undersigned grantor(s) declare(s):

DOCUMENTARY TRANSFER TAX $ 0.00 Conveyance to Government Entity R&T 11922 computed on full value of property conveyed, or
computed on full value less liens and encumbrances remaining at the time of sale Unincorporated Area City: [FILL IN]
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as “Grantor”, does hereby grantto the TOWN OF APPLE VALLEY, a California municipal corporation, hereinafter referred to as “Grantee”, a non-exclusive, permanent roadway easement (hereinafter “easement” or “grant”) for public purposes, including but not limited to street, highway, sewer, drainage, public utilities, and public access, including, without limitation, appurtenances such as culverts, slopes, embankments, curbs and sidewalks and utilities located on a certain portion (“Easement Property”) of Grantor’s real property (“Fee Property”) situated in the County of San Bernardino, State of California and more particularly described in Exhibit “A”, Legal Description attached hereto and made a part hereof, and shown on Exhibit “B”, Plat, attached hereto and made a part hereof. Grantor and Grantee may be referred to individually as a “Party” or collectively referred to as the “Parties.”
This easement is granted subject to all permits, agreements, licenses, leases, easements, reservations, restrictions, terms, conditions, covenants, encumbrances, liens and claims of title which may affect said Easement Property. The use of the word “grant” herein shall not imply any warranty on the part of the Grantor with respect to the Easement Property.

Mail Tax Statement As Directed Above
Recording Requested By:

Town of Apple Valley
Mail To:

TOWN OF APPLE VALLEY
Engineering Division 14955
Dale Evans Parkway Apple
Valley, CA 92307
Record without fee subject to Gov’t
Code 6103 and 27383
Project: Bear Valley Rd. Bridge
No.: 4-101
Parcel No 343
Dept. Code: 11600

EASEMENT DEED

ROADWAY EASEMENT
D.P. No.:

APN: 0444-121-18
Date: December 21, 2022

2 This easement is also subject to the following terms, conditions and restrictions:

1. This easement is subject to the Grantor’s superior right to use the Easement Property, and Grantor reserves to itself and its successors and assigns a continuing right to use and make any improvements to the Easement Property for Grantor’s use.

2. Grantor may grant further permits, agreements, licenses, leases, easements, reservations, restrictions, terms, conditions, covenants, encumbrances, liens, or other rights over the Easement Property (or portions thereof) for the benefit of other entities not parties to this grant, provided that such further grants do not materially and adversely interfere with Grantee’s use of the Easement Property, as determined by the Parties.

3. Unless in the case of emergency or to maintain the Easement Property as required by this grant, prior to commencing the construction or replacement of Grantee’s street, highway, road and/or bridge, and appurtenances pursuant to this grant, Grantee shall submit all plans for the excavation, construction, installation, removal, and replacement of such improvements to Grantor for Grantor’s review and approval with Grantor to issue to Grantee a permit if such plans are approved by Grantor in Grantor’s sole discretion, which shall not be unreasonably withheld. The existence of Grantee’s easement does not give Grantee any rights to do further work of any type within the Easement Property without first obtaining additional permit(s) from Grantor pursuant to the above-stated requirements and conditions.

4. Grantee shall be responsible for securing and maintaining all necessary permits and approvals from other appropriate local, state and federal agencies for its use of the Easement Property, and Grantee shall comply with all applicable laws and regulations concerning the construction of the street, highway, road and/or bridge and its use of Easement Property.

5. Any street, highway, road, bridge or culvert constructed by or on behalf of Grantee on the Easement Property shall not interfere with or impede Grantor’s conveyance of storm water or Grantor’s flood control improvements, if any, now existing or later installed on the Easement Property by Grantor. Grantee’s construction of its street, highway, road, bridge or culvert shall be in accordance with the plan approved by Grantor in accordance with paragraph 3 and must further meet all applicable construction standards and applicable laws.

6. Grantee shall not change the existing grade, modify the topography, or impede or diminish the floodwater conveyance capacity of the Easement Property or the Fee Property without prior written consent of Grantor (in Grantor’s sole discretion).

7. Grantee shall at all times, and at its sole cost and expense, maintain the Easement Property and its street, highway, road and/or bridge improvement project constructed (or caused to be constructed) thereon by Grantee and/or its agents in good condition and repair, and free of trash, debris weeds and unauthorized uses, except to the extent caused by Grantor. Grantee shall perform all necessary maintenance associated with the entire improvement project, such as bridge structure, box culverts and appurtenant structures including but not limited to wingwalls, curb and gutter, sidewalks and appurtenances thereto constructed within the Easement Property in conjunction with the street, highway, road and/or bridge project, and shall remove graffiti, and any unauthorized uses or encroachments within or on any part of the structure and its

3 appurtenances, as well as performing all necessary weed abatement work within the Easement Property.

8. Grantor shall at all times have free and clear access through and over the Easement Property (except as temporarily approved by Grantor during periods of Grantee’s construction and/or maintenance).

9. Grantor shall not be required to contribute any part of the costs associated with Grantee’s street, highway, road and/or bridge on the Easement Property and furthermore, if Grantor is included in an assessment districtto pay such costs,Grantee shall promptly reimburse Grantorfor any assessment therefore levied upon it upon Grantor demand

10. Grantee agrees to indemnify, defend and hold harmless the Grantor, San Bernardino County, and their authorized officers, employees, agents and volunteers (Indemnitees) from any and all claims, actions, losses, damages, and/or liability arising out of this grant of easement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by Grantor, said County or Indemnitees on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of Grantor, said County or Indemnitees. The Grantee’s indemnification obligation does not apply to the Grantor's, said County's or Indemnitees’ “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

11. Grantee agrees to comply with the following insurance requirements (for the purpose of this paragraph, Grantor shall be deemed to include San Bernardino County):

Grantor and Grantee are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, Worker’s Compensation and Property Damage and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Contract.
(1) Subcontractor Insurance Requirements. Grantee agrees to require all parties, including (but not limited to) subcontractors, architects, or others it hires or contracts with related to the excavation, construction, installation, replacement, maintenance and repair, removal, use, or any other work performed by or on behalf of Grantee for the street, highway, road and/or bridge at the Easement Property to provide insurance covering the contracted operation with the same policies and provisions required of Grantee in this easement and with builder’s risk property insurance, providing all risk, including theft coverage for all property and materials to be used for or related to the street, highway, road and/or bridge and said insurance policies shall not have any coinsurance penalty. All policies required under this provision shall include waiver of subrogation rights against Grantor and shall name Grantor as an additional insured. Grantee agrees to monitor and review all such coverage and assumes all responsibility ensuring that such coverage is provided as required herein.

4 12. In the event of Grantee’s default of the terms, conditions and/or restrictions set forth herein, Grantor shall give written notice to Grantee of the same. Except in the case of the emergency as determined by Grantor in its sole discretion, Grantee shall have thirty (30) calendar daysfrom the date of the Grantor’s notice to cure the default. If Grantee, within thirty (30) calendar days from the date of the Grantor’s notice to cure the default (except in the case of an emergency as determined by Grantor in its sole discretion), commences the elimination of such default and continuously and diligently proceeds in good faith to eliminate such default, then the period for correction shall be extended for such length of time as is reasonably necessary to complete such correction. In the event Grantee fails to cure the default within the time prescribed herein, Grantor has the right but not the obligation to cure said default at the sole expense of Grantee, or Grantee’s successors and assigns, and without liability to Grantor for loss thereof. Grantee and Grantee’s successors and assigns agree to pay Grantor on demand all expenses incurred by Grantor in curing such default of Grantee. In addition, Grantor may pursue all other remedies available to it at law or in equity and such remedies shall be cumulative.

13. The easement, as well as the terms, conditions and restrictions, created hereby shall constitute covenants running with the land and shall be binding upon and shall benefit all successors and assigns of Grantor and Grantee respectively.

14. This easement shall be governed by the laws of the State of California.

15. This grant may only be amended by a writing executed by both Grantor and Grantee and recorded in the Official Records of San Bernardino County.

16. If any legal action isinstituted to enforce any party’srights hereunder, each party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorneys’ fees directly arising from a third-party legal action against a party hereto and payable under paragraph 10.

17. If a court of competent jurisdiction declares any provision of this easement invalid, illegal, or otherwise unenforceable, the remaining provisionsshall continue in full force and effect, unlessthe purpose of this easement is frustrated.

5 IN WITNESS WHEREOF Grantor and Grantee have executed this Easement Deed for street, highway, road and/or bridge purposes on the day and year written below and have agreed to be bound by the terms and provisions hereof.

GRANTOR:

SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
By:

Name:

Title: Chairman, Board of Supervisors
Date:

6 ACCEPTANCE OF TERMS AND CONDITIONS
This is to certify that the interest in real property conveyed by the Easement Deed for street, highway, road and/or bridge purposes by the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT to the TOWN OF APPLE VALLEY, is accepted by the undersigned officer on behalf of Grantee and Grantee agrees to be bound by the terms and provisions hereof.

GRANTEE:

By:

Name:

Title:

Date:

EXHIBIT “A”
Legal Description of Easement Property

9 EXHIBIT “B”
Plat of Easement Property

10

11 ATTACHMENT 5

TO AGREEMENT FOR PURCHASE AND SALE

ACCESS AND MAINTENANCE EASEMENT
(Attached Separately)

1 The undersigned grantor(s) declare(s):

DOCUMENTARY TRANSFER TAX $ 0.00 Conveyance to Government Entity R&T 11922 computed on full value of property conveyed, or
computed on full value less liens and encumbrances remaining at the time of sale Unincorporated Area City: [FILL IN]
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as “Grantor”, does hereby grantto the TOWN OF APPLE VALLEY, a California municipal corporation, hereinafter referred to as “Grantee”, a non-exclusive access and maintenance easement (hereinafter “easement” or “grant”) for the purposes of access to adjacent utility easements, including, without limitation, the right to temporarily store or move equipment, on, over and across a strip within that certain real property, located on a certain portion (“Easement Property”) of Grantor’s real property (“Fee Property”) situated in the County of San Bernardino, State of California and more particularly described in Exhibit “A”, Legal Description attached hereto and made a part hereof, and shown on Exhibit “B”, Plat, attached hereto and made a part hereof. Grantor and Grantee may be referred to individually as a “Party” or collectively referred to as the “Parties.”
This easement is granted subject to all permits, agreements, licenses, leases, easements, reservations, restrictions, terms, conditions, covenants, encumbrances, liens and claims of title which may affect said Easement Property. The use of the word “grant” herein shall not imply any warranty on the part of the Grantor with respect to the Easement Property.

Mail Tax Statement As Directed Above
Recording Requested By:

Town of Apple Valley
Mail To:

TOWN OF APPLE VALLEY
Engineering Division 14955
Dale Evans Parkway Apple
Valley, CA 92307
Record without fee subject to Gov’t
Code 6103 and 27383
Project: Bear Valley Rd. Bridge
No.: 4-101
Parcel No 345
Dept. Code: 11600

EASEMENT DEED

ACCESS & MAINTENANCE
D.P. No.:

APN: 0444-121-18
Date: January 4, 2023

2 This easement is also subject to the following terms, conditions and restrictions:

1. This easement is subject to the Grantor’s superior right to use the Easement Property, and Grantor reserves to itself and its successors and assigns a continuing right to use and make any improvements to the Easement Property for Grantor’s use.

2. Grantor may grant further permits, agreements, licenses, leases, easements, reservations, restrictions, terms, conditions, covenants, encumbrances, liens, or other rights over the Easement Property (or portions thereof) for the benefit of other entities not parties to this grant, provided that such further grants do not materially and adversely interfere with Grantee’s use of the Easement Property, as determined by the Parties.

3. Unless in the case of emergency or to maintain the Easement Property as required by this grant, prior to commencing use of Grantee’s easement, and appurtenances pursuant to this grant, Grantee shall submit all plans for any proposed excavation, construction, installation, removal, or replacement of improvements to Grantor for Grantor’s review and approval with Grantor to issue to Grantee a permit if such plans are approved by Grantor in Grantor’s sole discretion, which shall not be unreasonably withheld. The existence of Grantee’s easement and attendant easement does not give Grantee any rights to do further work of any type within the Easement Property without first obtaining additional permit(s) from Grantor pursuant to the above-stated requirements and conditions.

4. Grantee shall be responsible for securing and maintaining all necessary permits and approvals from other appropriate local, state and federal agencies for its use of the Easement Property, and Grantee shall comply with all applicable laws and regulations concerning construction of improvements and its use of Easement Property.

5. Any improvements constructed by or on behalf of Grantee on the Easement Property shall not interfere with or impede Grantor’s conveyance of storm water or Grantor’s flood control improvements, if any, now existing or later installed on the Easement Property by Grantor.

Grantee’s construction of its improvements shall be in accordance with the plan approved by Grantor in accordance with paragraph 3 and must further meet all applicable construction standards and applicable laws.

6. Grantee shall not change the existing grade, modify the topography, or impede or diminish the floodwater conveyance capacity of the Easement Property or the Fee Property without prior written consent of Grantor (in Grantor’s sole discretion).

7. Grantee shall at all times, and at its sole cost and expense, maintain the Easement Property and any improvements constructed (or caused to be constructed) thereon by Grantee and/or its agents in good condition and repair, and free of trash, debris weeds and unauthorized uses, except to the extent caused by Grantor. Grantee shall perform all necessary maintenance associated with its improvements, including but not limited to wingwalls, curb and gutter, sidewalks and appurtenances thereto constructed within the Easement Property in conjunction with the easement, and shall remove graffiti, and any unauthorized uses or encroachments within or on any part of the Easement Property structures and its appurtenances, as well as performing all necessary weed abatement work within the Easement Property.

3 8. Grantor shall at all times have free and clear access through and over the Easement Property (except as temporarily approved by Grantor during periods of Grantee’s construction and/or maintenance).

9. Grantor shall not be required to contribute any part of the costs associated with Grantee’s street, highway, road and/or bridge on the Easement Property and furthermore, if Grantor is included in an assessment district to pay such costs, Grantee shall promptly reimburse Grantor for any assessment therefore levied upon it upon Grantor demand.

10. Grantee agrees to indemnify, defend and hold harmless the Grantor, San Bernardino County, and their authorized officers, employees, agents and volunteers (Indemnitees) from any and all claims, actions, losses, damages, and/or liability arising out of this grant of easement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by Grantor, said County or Indemnitees on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of Grantor, said County or Indemnitees. The Grantee’s indemnification obligation does not apply to the Grantor's, said County's or Indemnitees’ “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

11. Grantee agreesto comply with the following insurance requirements(for the purpose of this paragraph, Grantor shall be deemed to include San Bernardino County):

Grantor and Grantee are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, Worker’s Compensation and Property Damage and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Contract. (1) Subcontractor Insurance Requirements. Grantee agrees to require all parties, including (but not limited to) subcontractors, architects, or others it hires or contracts with related to the excavation, construction, installation, replacement, maintenance and repair, removal, use, or any other work performed by or on behalf of Grantee for the street, highway, road and/or bridge at the Easement Property to provide insurance covering the contracted operation with the same policies and provisions required of Grantee in this easement and with builder’s risk property insurance, providing all risk, including theft coverage for all property and materials to be used for or related to the street, highway, road and/or bridge and said insurance policies shall not have any coinsurance penalty. All policies required under this provision shall include waiver of subrogation rights against Grantor and shall name Grantor as an additional insured. Grantee agrees to monitor and review all such coverage and assumes all responsibility ensuring that such coverage is provided as required herein.

12. In the event of Grantee’s default of the terms, conditions and/or restrictions set forth herein, Grantor shall give written notice to Grantee of the same. Except in the case of the emergency as determined by Grantor in its sole discretion, Grantee shall have thirty (30) calendar days from the date of the Grantor’s notice to cure the default. If Grantee, within thirty (30) calendar days from the date of the Grantor’s notice to cure the default (except in the case of an emergency as determined by Grantor in its sole discretion), commences the elimination of such default and continuously and diligently proceeds in good faith to eliminate such default, then the period for correction shall be extended for such length of time as is reasonably necessary to complete such correction. In the event Grantee fails to cure the default within the time prescribed herein, Grantor has the right but not the obligation to cure said default at the sole expense of Grantee, or Grantee’s successors and assigns, and without liability to Grantor for loss thereof. Grantee

4 and Grantee’s successors and assigns agree to pay Grantor on demand all expenses incurred by Grantor in curing such default of Grantee. In addition, Grantor may pursue all other remedies available to it at law or in equity and such remedies shall be cumulative.

13. The easement, as well as the terms, conditions and restrictions, created hereby shall constitute covenants running with the land and shall be binding upon and shall benefit all successors and assigns of Grantor and Grantee respectively.

14. This easement shall be governed by the laws of the State of California.

15. This grant may only be amended by a writing executed by both Grantor and Grantee and recorded in the Official Records of San Bernardino County.

16. If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorneys’ fees directly arising from a third-party legal action against a party hereto and payable under paragraph 10.

17. If a court of competent jurisdiction declares any provision of this easement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this easement is frustrated.

IN WITNESS WHEREOF Grantor and Grantee have executed this Easement Deed for street, highway, road and/or bridge purposes on the day and year written below and have agreed to be bound by the terms and provisions hereof.

GRANTOR:

SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
By:

Name:

Title: Chairman, Board of Supervisors
Date:

5 ACCEPTANCE OF TERMS AND CONDITIONS
This is to certify that the interest in real property conveyed by the Easement Deed for street, highway, road and/or bridge purposes by the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT to the TOWN OF APPLE VALLEY, a Municipal Corporation, is accepted by the undersigned officer on behalf of Grantee and Grantee agrees to be bound by the terms and provisions hereof.

GRANTEE:

By:

Name:

Title:

Date:

EXHIBIT “A”
Legal Description of Easement Property

EXHIBIT “B”
Plat of Easement Property

1. Vicinity Map.

Town Council Agenda Report
Date: April 11, 2023
To: Honorable Mayor and Town Council
Subject: ACCEPT THE FINAL MAP FOR PARCEL MAP NO. 20440
From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Move to accept the final map for Parcel Map No. 20440.

BACKGROUND
The applicant has complied with all conditions of approval placed on Tentative Parcel Map No. 20440. This final parcel map subdivides a 10-acre property into two (2) parcels.

The site is located on the east side of Mesquite Road, South of Pah-Ute Road. The Planning Commission reviewed the Tentative Parcel Map that originally included 4 lots and a remainder on December 1, 2021. Subsequently, the Planning Division reviewed the applicant’s resubmitted application for a lot split under provisions of SB 9 and per the Town’s Development Code Section 91.71.170. Attached are the amended condtions of approval.

FISCAL IMPACT
Applicant has paid all fees related to the Parcel Map.

ATTACHMENTS
A. Location Map
B. Final Map
C. Conditions of Approval

Location Map

Town Council Agenda Report
Date: April 11, 2023
To: Honorable Mayor and Town Council
Subject: APPLE VALLEY ANIMAL SERVICES DISCUSSION AND PROVIDE

DIRECTION

From: Douglas Robertson, Town Manager
Submitted by: Douglas Robertson, Town Manager
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Provide direction to staff as needed.

BACKGROUND
In late January 2023, staff became aware of a social media messaging using inaccurate data claiming euthanasia at a rate of 80%. These messages spurred action of activist and networking groups across the region, state, and nation to a degree. The misinformation was corrected; however, the fact is euthanasia rates did rise significantly in 2022. In an effort to ascertain the reason(s) why, data was pulled and analyzed to the extent possible.

Data Research
There were significant incidences of illness, specifically distemper outbreaks in the High Desert that impacted many agencies, Apple Valley Animal Services included. Early in the research, it was believed this could be a major cause of additional euthanasia cases, however the numbers did not support that theory as the major contributing factor. Reviewing the charts for dispositions below, it became immediately apparent that the spike in euthanasia rates mirrors the spike in intakes. All other categories remain relatively flat consistently across all years. As intakes rose other outcomes remained constant and the unfortunate result was additional euthanasia.

Shelter Visits
While compiling the data, staff and the Town Manager met with several shelters to review their practices in comparison with our own and toured the facilities. These included Hesperia, Palmdale, and Rancho Cucamonga. Staff also planned to meet with Riverside staff and tour Riverside’s facility, however the Riverside tour has been postponed due to freeway construction and the retirement of their director. When possible, staff still plans to tour the Riverside facility because they have some innovative programs. Ultimately, these visits gave staff some ideas for shelter management and resources for additional partners affecting positive outcomes. The sum of these discussions, as well as discussions with our partners at the County of San Bernardino have resulted in the recommendations discussed later in this report. It should be noted that every shelter visited, and every animal services professional commented that intakes are up nationwide.

County Meeting
The Town Manager and staff met with the County’s Animal Services and Administration staff to discuss shelter operations, animal control operations, and the contract for shelter services, which expires June 30, 2023. County staff were made aware of Town staff reviewing shelter operations and the potential for non-renewal of the contract. The current contract does not have any provision for continued service beyond the termination date, so it was suggested a month-to-month contract be prepared by county staff, in the event a decision is not made prior to the expiration.

County staff made it abundantly clear they support the Apple Valley Animal Services facility and the team that runs it. Their desire is to extend the contract for an additional ten years, including financial participation in facilities expansion and build out. One comment that was particularly interesting was this being their best option for sheltering in the High Desert and the preference to continue the partnership rather than utilizing any of the private facilities they could turn to if the contract is not extended. Of note, County Animal Services recently added shelter coordination staff at some of the shelters they operate in other communities, but the effectiveness is unknown as the positions are brand new, so their impact is yet unknown. 0 1000
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2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Intakes and outcomes
Intake Adopted Rescue Transfer RTO Died/Other DOA Euthanized