Apple Valley City Council
April 8, 2025

APPLE VALLEY TOWN COUNCIL
AGENDA

Tuesday, April 8, 2025, 6:30 p.m.

Council Chamber

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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 Foy from United in Christ Baptist Apple Valley

2.2 Pledge of Allegiance

2.3 Presentations
Citizens Transactions and Use (Sales) Tax Revenue Measure Oversight Committee Certificate of Appointment presentations.

3. Public Comments

4. Councilmember Committee/Commission/Community Participation 5 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 22, 2025 - Council Chambers Regular Session at 6:30pm

6. Town Council Consent Agenda
Recommended Motion:

To approve the Consent Calendar items numbered 6.1 to 6.8 as recommended.

6.1 APPROVAL OF MINUTES 7
That the Town Council approve the subject minutes as part of the consent agenda.

6.2 MARCH 2025 COMMERCIAL WARRANTS AND WIRE TRANSFER

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

6.3 MARCH 2025 PAYROLL/BENEFITS WARRANTS SCHEDULE 33
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.

6.4 APPROVE SAN BERNARDINO COUNTY TRANSPORTATION
AUTHORITY (SBCTA) FUNDING AGREEMENT NO. 25-1003283
35 That the Town Council approve Project Funding Agreement No. 25- 1003283 with the San Bernardino County Transportation Authority (SBCTA) for the Central Road Widening Project, subject to approval as to form by the Town Attorney and as to content by the Town Manager.

6.5 BEAR VALLEY ROAD BRIDGE OVER MOJAVE RIVER
REHABILITATION AND WIDENING PROJECT – PURCHASE AND

SALE AGREEMENT AND TEMPORARY CONSTRUCTION EASEMENT
WITH VICTOR VALLEY COMMUNITY COLLEGE DISTRICT (VVCCD).
46 That the Town Council:

A. Approve the Purchase and Sale Agreement with VVCCD;
B. Approve the Temporary Construction Easement with VVCCD.

6.6 ACCEPT THE FINAL MAP FOR PARCEL MAP NO. 20473,
WOODSTONE INVESTMENT COMPANIES, INC.
179
Approve the final map, securities and agreement for Parcel Map No. 20473 subject to approval as to form by the Town Attorney and as to content by the Town Manager.

6.7 ACCEPT THE FINAL MAP FOR PARCEL MAP NO. 20457, RYLAR

INVESTMENTS
205
Approve the final map Parcel Map No. 20457.

6.8 CONSIDER APPROVING THE PROFESSIONAL SERVICES

AGREEMENT WITH BOB MURRAY AND ASSOCIATES
220
That the Town Council approve the Professional Services Agreement with Bob Murray and Associates.

7. Public Hearings

8. Business of the Council

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 253
A. PUBLIC EMPLOYEE APPOINTMENT Title: Town Manager
(discussion of process)

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)
Council Member 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
Meets as needed.

Town Council Chambers

TOWN PERSONNEL COMMITTEE
Mayor Nassif
Council Member Bishop
Meets as needed

PARK AND RECREATION ADVISORY COMMITTEE
Mayor Nassif
Mayor Pro-Tem Emick

AD HOC COMMITTEES

APPLE VALLEY ROAD AD HOC COMMITTEE
Mayor Nassif

VILLAGE MERCHANTS AD HOC COMMITTEE
Mayor Pro-Tem Emick

SINGLE-FAMILY RESIDENTIAL DESIGN CRITERIA

AD-HOC COMMITTEE
Council Member Bishop
Council Member 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
Mayor Pro-Tem Emick – Alternate
Meets every 4th Monday of each month at 10:00 a.m.,
14306 Park Avenue, Victorville

MOJAVE DESERT AND MOUNTAIN RECYCLING

AUTHORITY
Council Member 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
Council Member 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)
Council Member 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)
Mayor Pro-Tem Emick – Commissioner
Council Member Bishop – Alternate
Meets as needed, SCLA

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

VICTOR VALLEY WASTEWATER 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
Council Member Cusack – Alternate
*These Boards, Committees and
Commissions require the Mayor to serve
as the representative.

Town Council Agenda Report
Date: April 8, 2025
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 Government Services Department
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 25, 2025.

Apple Valley Town Council

MINUTES
March 25, 2025, 6:30 p.m.

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

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

2. Opening Ceremonies

2.1 Invocation
Pastor Green from Way of the Cross Hesperia

2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Doug Robertson, Town Manager.

2.3 Presentations
Employee of the first (1st) Quarter - Lindy Daugherty, Executive Assistant, Economic and Community Development Services

3. Public Comments
Bruce Ebmeyer, Church of Jesus Christ of Latter-Day Saints, Apple Valley Stake, spoke on his new position as a servant over the Missionary Department. He commented on the role of the missionaries.

Chris Porter, Church of Jesus Christ of Latter-Day Saints, Apple Valley Stake, thanked former Stake President Ebmeyer for his service. He commented on upcoming events at the church.

Town Council Minutes March 25, 2025
2 Mark Lacy, President, Church of Jesus Christ of Latter-Day Saints, Apple Valley Stake, introduced himself to the Council and the community. He stated that he looked forward to collaborating with the community.

Priscilla Munoz, respectfully requested the Town Council reallocate Measure P funds from the police department to other community-based needs.

Mar (no last name given), Apple Valley, expressed concern regarding the use of Measure P funds for more law enforcement. She also commented on the process of choosing appointments to the tax committee.

Katherine Berkirbine, spoke against the use of Measure P funds for additional law enforcement.

Kerry Henard, Apple Valley, spoke regarding what he believed was a lack of transparency at the Town of Apple Valley.

Sunny (no last name given), also offered alternative uses for Measure P funds, instead of law enforcement.

Ted Bohanon, Apple Valley, expressed concern regarding the canceling of Town Council meetings and also expenses paid out by the Town for projects including the animal shelter.

Robert Bustamonte, Apple Valley, questioned why he was removed from the Apple Valley grid and moved to Apple Valley Choice Energy. He felt that customers should be asked and notified before they are removed from the electrical grid.

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 Leon commented on committee meetings and events that he attended.

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

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

Town Council Minutes March 25, 2025
3 Mayor Nassif commented on committee meetings and events that he attended.

5. Town Council Announcements

5.1 Suggested items for next Agenda
Council Member Bishop asked that Town staff and members of the Fire District review the new state fire maps and determine how it will affect building and safety requirements in the Town of Apple Valley.

5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - April 8, 2025 - Council Chamber Regular Session at 6:30 p.m.

6. Town Council Consent Agenda
Council Member Cusack has a remote interest in specific warrants on tonight’s Commercial Warrants dealing with Apple Valley Communications or AVCOM Services for the Town of Apple Valley as the owner of these businesses.

Therefore, he will be recusing from voting on the warrants for Apple Valley Communications and AVCOM Services listed under Agenda Item Number 6.2. In addition, due to his interest in these businesses, Council Member Cusack will be recusing from voting on specific warrants listed under Agenda Item Number 6.2 because these entities are considered sources of income to his businesses. A list of business entities for Council Member Cusack is maintained on file in the Town Clerk’s Office and available for review at the dais.

Council Member Cusack confirmed that he would be recusing from voting on these warrants.

Motion by: Mayor Pro Tem Emick
Seconded by: Council Member Cusack
To approve the Consent Calendar items numbered 6.1 to 6.7 as recommended.

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

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

Town Council Minutes March 25, 2025
4 6.2 FEBRUARY 2025 COMMERCIAL WARRANTS AND WIRE TRANSFER

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

6.3 FEBRUARY 2025 PAYROLL/BENEFITS WARRANTS SCHEDULE
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.

6.4 CONSIDER APPROVING THE FIRST AMENDMENT TO THE RETAINER

AGREEMENT WITH GREINES, MARTIN, STEIN & RICHLAND LLP
(GMSR)
That the Town Council approve the First Amendment to the Retainer Agreement with Greines, Martin, Stein & Richland LLP (GMSR) and authorize the Town manager to execute the Amendment.

6.5 APPLE VALLEY CHOICE ENERGY (AVCE) RATE CHANGE

APPROVAL
It is recommended that the Town Council:

A. Approve the Town Manager as Executive Director of Apple Valley Choice Energy (AVCE) to adjust to parity with Southern California Edison (SCE), effective April 1,2025: and
B. Direct the Town Manager to agendize an item for future rate adjustment in the Fall of 2025.

6.6 RESOLUTION NO. 2025-05 A RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF APPLE VALLEY AMENDING THE PERSONNEL

POLICY AND PROCEDURES MANUAL FOR THE TOWN OF APPLE
VALLEY
Approve and adopt Resolution No. 2025-05, A Resolution of the Town Council of the Town of Apple Valley amending the Personnel Policy and Procedures Manual for the Town of Apple Valley.

6.7 RESOLUTION NO. 2025-06 A RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF APPLE VALLEY UPDATING THE TOWN'S GRANT

MANAGEMENT POLICY
Approve and adopt Resolution No. 2025-06, A Resolution of the Town Council of the Town of Apple Valley updating the 2018 Grant Management Policy for the Town of Apple Valley.

Town Council Minutes March 25, 2025
5 7. Public Hearings

7.1 SUBSTANTIAL AMENDMENT TO THE 2020-2021 ACTION PLAN
It is recommended that the Town Council:

A. Conduct a public hearing and upon accepting public testimony.

B. Approve the Substantial Amendment to the 2020-2021 Annual Action Plan (“Action Plan”) by repurposing $59,118.00 in Community Development Block Grant Coronavirus (CDBG-CV) funds appropriated under the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020, Public Law 116-136, for the U.S. Department of Housing and Urban Development (HUD) to activities that prevent, prepare for, and respond to Coronavirus (COVID-19).

C. Create an account under the 2120 CDBG Account Fund for the James Woody Facilities COVID-19 HVAC Filtration System Project in the amount of $59,118.00.

D. Authorize the Town Manager, or their designee, to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plan, and any additional amendments, to ensure the Town’s timely expenditure of CDBG-CV funds.

Mayor Nassif opened the public hearing at 7:50 p.m.

Silvia Urenda, Housing and Community Development Supervisor, presented the staff report as filed with the Town Clerk.

There being no requests to speak, Mayor Nassif closed the public hearing at 7:53 p.m.

Motion by: Mayor Pro Tem Emick
Seconded by: Council Member Cusack
A. Conduct a public hearing and upon accepting public testimony B. Approve the Substantial Amendment to the 2020-2021 Annual Action Plan (“Action Plan”) by repurposing $59,118.00 in Community Development Block Grant Coronavirus (CDBG-CV) funds appropriated under the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020, Public Law 116-136, for the U.S. Department of Housing and Urban Development (HUD) to

Town Council Minutes March 25, 2025
6 activities that prevent, prepare for, and respond to Coronavirus (COVID-19).

C. Create an account under the 2120 CDBG Account Fund for the James Woody Facilities COVID-19 HVAC Filtration System Project in the amount of $59,118.00.

D. Authorize the Town Manager, or their designee, to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plan, and any additional amendments, to ensure the Town’s timely expenditure of CDBG-CV funds.

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

7.2 SUBSTANTIAL AMENDMENT TO THE 2018-2019, 2019-2020, 2020- 2021, 2021-2022, 2022-2023, AND 2024-2025 ACTION PLANS
It is recommended that the Town Council:

A. Conduct a public hearing and upon accepting public testimony; B. Approve a Substantial Amendment to the HOME Investment Partnerships Program (HOME) 2018-2019, 2019-2020, 2020-2021, 2021-2022, 2022-2023, and 2024-2025 Annual Action Plans (“Action Plans”) by repurposing $764,993 to existing HOME eligible activities; and
C. Authorize the Town Manager, or designee, to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plans, and any additional amendments, to assure the Consortium’s timely expenditure of HOME funds.

Mayor Nassif opened the public hearing at 7:54 p.m.

Silvia Urenda, Housing and Community Development Supervisor, presented the staff report as filed with the Town Clerk.

There being no requests to speak, Mayor Nassif closed the public hearing at 7:55 p.m.

Town Council Minutes March 25, 2025
7 Motion by: Council Member Bishop
Seconded by: Council Member Cusack
A. Conduct a public hearing and upon accepting public testimony; B. Approve a Substantial Amendment to the HOME Investment Partnerships Program (HOME) 2018-2019, 2019-2020, 2020-2021, 2021-2022, 2022-2023, and 2024-2025 Annual Action Plans (“Action Plans”) by repurposing $764,993 to existing HOME eligible activities; and
C. Authorize the Town Manager, or designee, to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plans, and any additional amendments, to assure the Consortium’s timely expenditure of HOME funds.

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

8. Business of the Council

8.1 FISCAL YEAR 2024-25 MID-YEAR BUDGET REVIEW
It is recommended that the Town Council:

A. Receive and file the Fiscal Year 2024-25 Mid-Year Budget Review Report.

B. Approve Budget Amendment incorporating revenue and
expenditure changes and carry forwards as proposed
Doug Robertson, Town Manager, presented the staff report as filed with the Town Clerk. Mr. Robertson explained how businesses are notified of an increase in sales tax to ensure the correct amount is collected.

Motion by: Council Member Leon
Seconded by: Council Member Emick
It is recommended that the Town Council:

1. Receive and file the Fiscal Year 2024-25 Mid-Year Budget Review Report.

2. Approve Budget Amendment incorporating revenue and
expenditure changes and carry forwards as proposed

Town Council Minutes March 25, 2025
8 Yes (5): Council Member Bishop, Council Member Cusack, Council Member Leon, Mayor Pro Tem Emick, and Mayor Nassif
Carried (5 to 0)

8.2 TOWN COUNCIL APPOINTMENTS TO THE CITIZENS

TRANSACTIONS AND USE (SALES) TAX REVENUE MEASURE

OVERSIGHT COMMITTEE
(1) Each Council Member to nominate one (1) individual to serve on the Citizens’ Transaction and Use Sales Tax Revenue Measure Oversight Committee; and (2) That the Town Council approve the nominations as submitted.

The following nominations were submitted for members of the Citizens’ Transaction and Use Sales Tax Revenue Measure Oversight Committee Council Member Bishop - Larry Park
Council Member Leon - Chris Porter
Council Member Cusack - Bruce Ebmeyer
Mayor Pro Tem Emick - Matthew Schulenberg
Mayor Nassif - Paul Kleinsmith
Motion by: Mayor Pro Tem Emick
Seconded by: Council Member Cusack
That the Town Council approve the nominations as submitted.

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

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update
Doug Robertson, Town Manager, commented on activities and upcoming events in the Town of Apple Valley.

11. Closed Session
None

Town Council Minutes March 25, 2025
9 12. Adjournment
It was the consensus of the Town Council to adjourn the meeting of the Apple Valley Town Council in memory of longtime community activists Roy Vance, Dave Sarlos and Rick Nielson. Also to adjourn in memory of San Bernardino County Deputy Sheriff Hector Cuevas.

Motion by: Council Member Leon
Seconded by: Council Member Cusack
To adjourn the meeting of the Apple Valley Town Council at 8:23 p.m.

Carried Unanimously
________________________
Mayor, Scott Nassif
___________________________
Town Clerk, La Vonda M-Pearson

Town Council Agenda Report
Date: April 8, 2025
To: Honorable Mayor and Town Council
Subject: MARCH 2025 COMMERCIAL WARRANTS AND WIRE TRANSFER

SCHEDULES

From: Douglas Robertson, Town Manager
Submitted by: Adam Cripps, Interim Assistant Director of Finance Finance Department
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.

SUMMARY
Commercial warrants were issued from March 1 through March 31, 2025, in the amount of $4,836,390.48 covering issued warrant #’s 173089–173450. Electronic Fund Transfers were issued March 1 through March 31, 2025, in the amount $2,245,624.67. Also, wire transfers were made from March 1 through March 31, 2025, in the amount of $110,628.00.

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.

ANALYSIS
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.

FISCAL IMPACT
362 Commercial Warrants were issued in the amount of $4,836,390.48 62 Electronic Fund Transfers were issued in the amount of $2,245,624.67 1 Wire Transfer payment was issued in the amount of $110,628.00

Check # Date Vendor Description Check Total
173089 03/06/2025 ALBERTSONS LLC Planning Commission Snacks 39.46 173090 03/06/2025 AMAZON CAPITAL SERVICES Office Supplies 4,268.49 173091 03/06/2025 AMERICAN FIDELITY ASSURANCE February Premiums 9,836.42 173092 03/06/2025 ANIMAL EMERGENCY CLINIC Medical Treatment 290.00 173093 03/06/2025 APPLE VALLEY ANIMAL HOSPITAL Voucher Program 75.00 173094 03/06/2025 APPLE VALLEY CAR WASH January Services 84.95 173095 03/06/2025 APPLE VALLEY LAWNMOWER Chainsaw 200.49 173096 03/06/2025 APPLE VALLEY PORTABLES User Group-Brewster Park 2,000.03 173097 03/06/2025 APPLE VALLEY TIRE Truck Tires 968.51
173098 03/06/2025 BEAR VALLEY ANIMAL HOSPITAL S/N Services 7,082.46 173099 03/06/2025 BECK OIL INC. Fuel/Oil 111.43
173100 03/06/2025 BRIGHTVIEW LANDSCAPE SERVICES Extra Work L-15 - Remove and Replace Trees 2,999.60 173101 03/06/2025 CAL-STATE AUTO PARTS INC Vehicle 81 454.56 173102 03/06/2025 CALLAWAY GOLF SALES CO. Resale Items 239.52 173103 03/06/2025 CAROLLO ENGINEERS, INC. Sewer System Master Plan Update-January 2025 11,288.75 173104 03/06/2025 CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC. Public Works LED Lights 661.98 173105 03/06/2025 CERTIFIED CREDIT REPORTING INC Tax Transcripts-Dube and Smith 68.00 173106 03/06/2025 CLUB CADDIE HOLDINGS March - GMS Bundle 750.00 173107 03/06/2025 COUNTY OF SAN BERNARDINO Trash & Sewer Liens 2/1/25-2/28/25 997.00 173108 03/06/2025 COUNTY OF SAN BERNARDINO Solid Waste Management 6,104.12 173109 03/06/2025 DELL MARKETING L.P. New Laptops for Animal Services 3,207.01 173110 03/06/2025 EDISON COMPANY 01/11/25-2/10/25 3,415.58 173111 03/06/2025 FAUST MEDIA SERVICES, LLC Solid Waste Booklet 1,386.49 173112 03/06/2025 FEDEX Shipping 23.16
173113 03/06/2025 FISH WINDOW CLEANING Window Cleaning - PW Yard 342.00 173114 03/06/2025 G.A. OSBORNE PIPE & SUPPLY Maintenance Supplies 1,051.06 173115 03/06/2025 GARDA CL WEST, INC March Services 1,723.94 173116 03/06/2025 GRAINGER, INC. Facilities Supplies 244.58 173117 03/06/2025 GT GOLF SUPPLY CO Resale Items 83.85
173118 03/06/2025 HAAKER EQUIPMENT CO Wincan Annual Expert Support Renewal 2,649.34 173119 03/06/2025 HASA INC. Pool Chemicals 3,020.78
173120 03/06/2025 HESPERIA HOSE SUPPLY Pressure Washer 139.84 173121 03/06/2025 HOME DEPOT CREDIT SEVICES Janitorial Tools 360.66 173122 03/06/2025 INTERVET, INC. Microchips 1,346.88
Town of Apple Valley
Commercial Warrants
Month of March 2025

Check # Date Vendor Description Check Total
173123 03/06/2025 JOHNSON, RAFORD Winter Basketball Official Payment 100.00 173124 03/06/2025 JOSHUA GLICKLER Employee reimbursement - Meals at Training 90.92 173125 03/06/2025 KIMBALL MIDWEST Small Tools 33.20
173126 03/06/2025 KOA CORPORATION EDEN PO 2223-000038 1,146.96 173127 03/06/2025 LAWYERS TITLE COMPANY Title Report for McConnel Park 500.00 173128 03/06/2025 LIBERTY UTILITIES CA 12/17/24-2/14/25 2,780.51 173129 03/06/2025 LOGICALIS DEDICATED STORAGE FOR PIO 50,091.02 173130 03/06/2025 LOS RANCHOS OFFICE March Space Rent 20683 Waalew Rd 931.70 173131 03/06/2025 LOWE'S (LAR) Supplies 890.18
173132 03/06/2025 MARIANA, KARA Employee reimbursement - Meals at Training 137.29 173133 03/06/2025 MARTIN, KENNETH Retiree Reimbursement 455.04 173134 03/06/2025 MARTINEZ, ARMANDO Dot Exam 40.00
173135 03/06/2025 MATRIX AUDIO VISUAL DESIGNS Audio Visual Extended Service Contract - Year 1 58,645.21 173136 03/06/2025 MDG ASSOCIATES INC CDBG Admin - Jan 5,704.13 173137 03/06/2025 MILLER, LANCE Retiree Reimbursement 179.05 173138 03/06/2025 MISSION COMMUNICATIONS INC Wastewater SCADA System Renewal 3,962.20 173139 03/06/2025 MWI ANIMAL HEALTH Shelter Meds and Supplies 2,621.58 173140 03/06/2025 NAIOP NAIOP 2025 Sponsorship 7,995.00 173141 03/06/2025 NAPA Vehicle 82 125.27
173142 03/06/2025 NEW YORK LIFE February Premiums 528.07 173143 03/06/2025 S/N Refund S/N Refund 40.00
173144 03/06/2025 S/N Refund S/N Refund 525.00
173145 03/06/2025 S/N Refund S/N Refund 55.00
173146 03/06/2025 S/N Refund S/N Refund 75.00
173147 03/06/2025 S/N Refund S/N Refund 40.00
173148 03/06/2025 S/N Refund S/N Refund 75.00
173149 03/06/2025 S/N Refund S/N Refund 40.00
173150 03/06/2025 S/N Refund S/N Refund 150.00
173151 03/06/2025 S/N Refund S/N Refund 225.00
173152 03/06/2025 S/N Refund S/N Refund 75.00
173153 03/06/2025 S/N Refund S/N Refund 80.00
173154 03/06/2025 Sabrina Hoon Employee Travel Reimbursement 201.04 173155 03/06/2025 S/N Refund S/N Refund 80.00
173156 03/06/2025 S/N Refund S/N Refund 40.00
173157 03/06/2025 S/N Refund S/N Refund 300.00
173158 03/06/2025 S/N Refund S/N Refund 75.00
173159 03/06/2025 OUTWEST JERKY LLC Resale Items 507.50 173160 03/06/2025 PRUDENTIAL OVERALL SUPPLY Uniform Service 1,524.06 173161 03/06/2025 QUALITY LOGO PRODUCTS, INC 1/2 Marathon First Aid Pouches 1,557.01

Check # Date Vendor Description Check Total
173162 03/06/2025 R&R PRODUCTS Maintenance 3,571.18
173163 03/06/2025 RIGHT OF WAY, INC Signs 24.24
173164 03/06/2025 RIVERA EQUIPMENT PW Hot Water Heater Repairs 150.00 173165 03/06/2025 RSG, INC FY 24-25 SA SERVICES AND CB RECONCILIATION 137.50 173166 03/06/2025 SAN BERNARDINO & RIVERSIDE J. Woody Fire Protection & Safety Services 1,121.59 173167 03/06/2025 SEDARU INC SEDARU PLATFORM EXTENSION 9/15-11/14 5,157.00 173168 03/06/2025 STERICYCLE REGULAR SERVICE OFF-SITE 165.66 173169 03/06/2025 TAYLOR MADE GOLF COMPANY INC Golf Resale Items 497.32 173170 03/06/2025 TEXAS LIFE INSURANCE CO. FEBRUARY PREMIUMS 1,253.52 173171 03/06/2025 THE ECOHERO SHOW LLC EcoHero Show 1,250.00 173172 03/06/2025 THE PUBLIC RESTROOM COMPANY Restroom for Captain Joseph McConnell Jr. USAF Par 222,900.00 173173 03/06/2025 THE RDI CORPORATION Shelter Pro February 1,989.00 173174 03/06/2025 TOWN OF APPLE VALLEY Senior Scholarship Program Qtr. 3 1,906.00 173175 03/06/2025 TURF STAR INC. Green's Mower 1,828.40 173176 03/06/2025 U.S. BANK CORP. PMT SYSTEM February CalCard 67,513.86 173177 03/06/2025 UNDERGROUND SERVICE ALERT OF SO. CALIFORNIA Dig Alert & February Monthly Services 344.85 173178 03/06/2025 V.V.W.R.A. Final Sewer Permits - February 2025 71,588.70 173179 03/06/2025 VALLEYWIDE NEWSPAPERS LLC Subamend CDBG-CV English 683.80 173180 03/06/2025 VOYAGER February Fuel Purchases 13,348.96 173181 03/06/2025 WAXIE SANITARY SUPPLY Facilities Supplies 3,163.21 173182 03/06/2025 WEST COAST EQUIPMENT & SAFETY SUPPLY Solid Finned Nozzle 231.12 173183 03/06/2025 WILBUR-ELLIS COMPANY LLC Weed abatement products for street maint. Division 889.92 173184 03/06/2025 WINSUPPLY Facilites Snake Kit 670.42
173185 03/06/2025 WRIGHT, DARRYL Retiree Reimbursement 841.35 173186 03/06/2025 YHBJ GROUP INC Truck #113 Tint Fix 120.00 173187 03/06/2025 NEM Cash Out NEM Cash Out 353.26
173188 03/06/2025 NEM Cash Out NEM Cash Out 42.30
173189 03/06/2025 NEM Cash Out NEM Cash Out 29.68
173190 03/06/2025 NEM Cash Out NEM Cash Out 58.75
173191 03/06/2025 NEM Cash Out NEM Cash Out 39.67
173192 03/06/2025 NEM Cash Out NEM Cash Out 100.14
173193 03/06/2025 NEM Cash Out NEM Cash Out 39.81
173194 03/06/2025 NEM Cash Out NEM Cash Out 101.51
173195 03/06/2025 NEM Cash Out NEM Cash Out 108.50
173196 03/06/2025 NEM Cash Out NEM Cash Out 50.36
173197 03/06/2025 NEM Cash Out NEM Cash Out 20.68
173198 03/06/2025 NEM Cash Out NEM Cash Out 27.37
173199 03/06/2025 NEM Cash Out NEM Cash Out 42.18
173200 03/06/2025 NEM Cash Out NEM Cash Out 130.83

Check # Date Vendor Description Check Total
173201 03/06/2025 NEM Cash Out NEM Cash Out 57.32
173202 03/06/2025 NEM Cash Out NEM Cash Out 19.31
173203 03/06/2025 NEM Cash Out NEM Cash Out 91.56
173204 03/06/2025 NEM Cash Out NEM Cash Out 66.38
173205 03/06/2025 NEM Cash Out NEM Cash Out 232.22
173206 03/06/2025 NEM Cash Out NEM Cash Out 47.16
173207 03/06/2025 NEM Cash Out NEM Cash Out 368.45
173208 03/06/2025 NEM Cash Out NEM Cash Out 174.06
173209 03/06/2025 NEM Cash Out NEM Cash Out 84.47
173210 03/06/2025 NEM Cash Out NEM Cash Out 114.85
173211 03/06/2025 NEM Cash Out NEM Cash Out 23.89
173212 03/06/2025 NEM Cash Out NEM Cash Out 906.00
173213 03/06/2025 NEM Cash Out NEM Cash Out 10.36
173214 03/06/2025 NEM Cash Out NEM Cash Out 33.03
173215 03/06/2025 NEM Cash Out NEM Cash Out 221.77
173216 03/06/2025 NEM Cash Out NEM Cash Out 3.42
173217 03/06/2025 NEM Cash Out NEM Cash Out 8.46
173218 03/06/2025 NEM Cash Out NEM Cash Out 24.52
173219 03/06/2025 NEM Cash Out NEM Cash Out 78.65
173220 03/06/2025 NEM Cash Out NEM Cash Out 65.82
173221 03/06/2025 NEM Cash Out NEM Cash Out 139.42
173222 03/06/2025 NEM Cash Out NEM Cash Out 87.03
173223 03/06/2025 NEM Cash Out NEM Cash Out 144.58
173224 03/06/2025 NEM Cash Out NEM Cash Out 321.84
173225 03/06/2025 NEM Cash Out NEM Cash Out 43.70
173226 03/06/2025 NEM Cash Out NEM Cash Out 160.25
173227 03/06/2025 NEM Cash Out NEM Cash Out 49.84
173228 03/06/2025 NEM Cash Out NEM Cash Out 147.55
173229 03/06/2025 NEM Cash Out NEM Cash Out 32.78
173230 03/06/2025 NEM Cash Out NEM Cash Out 98.55
173231 03/06/2025 NEM Cash Out NEM Cash Out 30.38
173232 03/06/2025 NEM Cash Out NEM Cash Out 136.44
173233 03/06/2025 NEM Cash Out NEM Cash Out 130.25
173234 03/06/2025 NEM Cash Out NEM Cash Out 686.81
173235 03/06/2025 NEM Cash Out NEM Cash Out 29.01
173236 03/06/2025 NEM Cash Out NEM Cash Out 67.05
173237 03/06/2025 NEM Cash Out NEM Cash Out 9.19
173238 03/06/2025 NEM Cash Out NEM Cash Out 24.63
173239 03/06/2025 NEM Cash Out NEM Cash Out 375.05

Check # Date Vendor Description Check Total
173240 03/06/2025 NEM Cash Out NEM Cash Out 125.45
173241 03/06/2025 NEM Cash Out NEM Cash Out 74.34
173242 03/06/2025 NEM Cash Out NEM Cash Out 33.54
173243 03/06/2025 NEM Cash Out NEM Cash Out 3.24
173244 03/06/2025 NEM Cash Out NEM Cash Out 44.22
173245 03/06/2025 NEM Cash Out NEM Cash Out 91.89
173246 03/06/2025 NEM Cash Out NEM Cash Out 9.95
173247 03/06/2025 NEM Cash Out NEM Cash Out 54.18
173248 03/06/2025 NEM Cash Out NEM Cash Out 124.85
173249 03/06/2025 NEM Cash Out NEM Cash Out 12.04
173250 03/06/2025 NEM Cash Out NEM Cash Out 81.71
173251 03/06/2025 NEM Cash Out NEM Cash Out 129.17
173252 03/06/2025 NEM Cash Out NEM Cash Out 703.68
173253 03/06/2025 NEM Cash Out NEM Cash Out 139.71
173254 03/06/2025 NEM Cash Out NEM Cash Out 118.30
173255 03/06/2025 NEM Cash Out NEM Cash Out 123.21
173256 03/06/2025 NEM Cash Out NEM Cash Out 106.94
173257 03/13/2025 4IMPRINT, INC 1/2 Marathon-Bags 867.75 173258 03/13/2025 PAMELA QUICK 1/2 Marathon Photography 550.00 173259 03/13/2025 ABF PRINTS, INC. Required mailings 818.96 173260 03/13/2025 ALBERTSONS LLC ASAP Snacks 90.74
173261 03/13/2025 ALL GOOD DRIVING SCHOOL, INC. Online Drivers Ed Instructor Pay 186.20 173262 03/13/2025 AMAZON CAPITAL SERVICES Office Supplies 3,534.36 173263 03/13/2025 AMERICAN COMPUTER SERVICE STATEMENTS/POSTAGE 10,779.24 173264 03/13/2025 APPLE VALLEY FIRE PROTECTION 1/2 Marathon-Fire Staffing 1,222.40 173265 03/13/2025 APPLE VALLEY PRINTING #10 WINDOW ENVELOPES 368.50 173266 03/13/2025 APPLE VALLEY UNIFIED SCHOOL DISTRICT FINES AND FORFEITURES JANUARY 2025 40.93 173267 03/13/2025 APPLE VALLEY VILLAGE PBID ASSN PBID FY 24-25 General and Admin 151,176.00 173268 03/13/2025 AVCOM SERVICES INC. TOAV - ANSWERING SERVICE - FEB 2025 419.40 173269 03/13/2025 AVID IDENTIFICATION SYSTEMS Microchips 1,346.88 173270 03/13/2025 BATTERY MART Dump Trailer Maintenance 84.32 173271 03/13/2025 BEAR VALLEY ANIMAL HOSPITAL S/N Services 10,120.28 173272 03/13/2025 BECK OIL INC. Golf Course-Gas 920.46
173273 03/13/2025 BEST POWER EQUIPMENT LLC Blower Maintenance 22.11 173274 03/13/2025 BRIGHTVIEW LANDSCAPE SERVICES Landscape Maintenance - February 2025 20,324.34 173275 03/13/2025 BURRTEC WASTE IND, INC. Victor Valley Compost 42,776.01 173276 03/13/2025 CAPITAL ONE ASAP Supplies 79.85
173277 03/13/2025 CAR WASH PARTNERS, LLC FEBRUARY WASH SERVICES 528.00 173278 03/13/2025 COUNTY OF SAN BERNARDINO Recording Document 2025-5971 230.00

Check # Date Vendor Description Check Total
173279 03/13/2025 CREATING BRAND LEGACY 1/2 Marathon- Medals 3,649.28 173280 03/13/2025 CROSSTOWN ELECTRICAL & DATA, INC. Bear Valley Rd Intersection Improvements 390,996.32 173281 03/13/2025 CULLIGAN BOTTLED WATER Water Service and Delivery 136.57 173282 03/13/2025 DESAI, RONAK FEBRUARY SERVICES 5,750.00 173283 03/13/2025 DESERT VALLEY MEDICAL GROUP New Hire Physicals 100.00 173284 03/13/2025 DIAMOND ENVIRONMENTAL SVCS 1/2 Marathon-Barricades 1,881.20 173285 03/13/2025 EDISON COMPANY 01/22/25-02/20/25 10,621.58 173286 03/13/2025 FAUST MEDIA SERVICES, LLC Business Cards 371.70 173287 03/13/2025 FEDEX SHIPPING 64.93
173288 03/13/2025 FRONTIER COMMUNICATIONS FRONTIER - MARCH 4,374.84 173289 03/13/2025 G.A. OSBORNE PIPE & SUPPLY Golf Course Supplies 281.35 173290 03/13/2025 GOLDEN STATE WATER COMPANY 01/27/25-02/27/25 1,757.84 173291 03/13/2025 GROOVELABS LLC 1/2 Marathon Sound Package 2,351.00 173292 03/13/2025 GT GOLF SUPPLY CO Golf Course Supplies 281.50 173293 03/13/2025 H.D. INDUSTRIES, INC Release agent pothole truck & rpl spray wands 2,516.87 173294 03/13/2025 HDL SOFTWARE LLC DECEMBER SERVICES 322.59 173295 03/13/2025 HIGH DESERT JUNIOR GOLF ACADEMY Golf Lessons Instructor Pay 1,230.00 173296 03/13/2025 KONICA MINOLTA FLEET COPIERS - NEW - 3/22/2025 4,982.86 173297 03/13/2025 KONICA MINOLTA BUSINESS C4080 USAGE (1/25 - 2/24) 164.32 173298 03/13/2025 KTUA Town Wide Complete Streets Action Plan (SS4A) 47,676.57 173299 03/13/2025 LAW OFFICES OF KATHY M GANDARA Legal Contract Services 3,937.50 173300 03/13/2025 LIBERTY UTILITIES CA 12/19/24-2/21/25 8,044.67 173301 03/13/2025 LOWE'S (LAR) Supplies 209.70
173302 03/13/2025 MWI ANIMAL HEALTH Shelter Meds 1,160.93 173303 03/13/2025 MYONLINEBILL.COM FEBRUARY SERVICES 2,275.92 173304 03/13/2025 NAPA Vehicle 130 25.11
173305 03/13/2025 NIX, PATRICIA Line Dancing Class Instructor Pay 63.00 173306 03/13/2025 Donald Childers TUP2022-005 Bond Released 40.00 173307 03/13/2025 S/N Refund S/N Refund 80.00
173308 03/13/2025 S/N Refund S/N Refund 75.00
173309 03/13/2025 S/N Refund S/N Refund 2,000.00
173310 03/13/2025 PACIFIC PRODUCTS & SVC LLC Traffic sign post supplies. 2,631.79 173311 03/13/2025 PRECISION LOCK & SAFE Repair locks at PW Yard 138.52 173312 03/13/2025 PRUDENTIAL OVERALL SUPPLY Uniform Service 604.73 173313 03/13/2025 QUINN COMPANY Keys 16.62
173314 03/13/2025 R&R PRODUCTS Golf Supplies 556.50
173315 03/13/2025 RIGHT OF WAY, INC Vehicle maintenance - multiple vehicles 640.04 173316 03/13/2025 SCMAF Contract Class Insurance for February 2025 420.00 173317 03/13/2025 SMART & FINAL ASAP Snack 513.89

Check # Date Vendor Description Check Total
173318 03/13/2025 SMARTCOVER SYSTEMS Smartcover Field Service - Jess Ranch 520.00 173319 03/13/2025 SOOTER, JERRY 1/2 Marathon Southern Spirit Performance 800.00 173320 03/13/2025 STILES ANIMAL REMOVAL, INC. Disposal Services 5,490.00 173321 03/13/2025 TAYLOR, SHARI Baton Class Instructor Pay 304.20 173322 03/13/2025 TAYLORMADE GOLF CO., INC Resale Items 238.03 173323 03/13/2025 TERRYBERRY Service Award 159.95
173324 03/13/2025 TOWN OF APPLE VALLEY MARCH SEWER 2,890.21 173325 03/13/2025 TURF STAR INC. Golf Supplies 334.35
173326 03/13/2025 TYLER TECHNOLOGIES INC EDN PO 2122-000049 - Michelle (2/18 - 2/20) 5,180.00 173327 03/13/2025 USPS Payment for Summer Rec Guide Permit #82 7,350.00 173328 03/13/2025 V.V.W.R.A. Sewage Treatment - February 2025 739,904.54 173329 03/13/2025 VALLEYWIDE NEWSPAPERS LLC DP2022-014 470.60 173330 03/13/2025 VERDE DESIGN, INC EDEN PO 2324-000009 3,765.30 173331 03/13/2025 VERIZON WIRELESS MONTHLY (2/24-3/23) & USAGE (1/24-2/23) CELL/TAB 5,901.15 173332 03/13/2025 VICTOR VALLEY TOWING PD TIRE CHANGE 35.00 173333 03/13/2025 WANG, YIJIA FEBRUARY SERVICES 4,050.00 173334 03/20/2025 ABF PRINTS, INC. Required Printing 404.24 173335 03/20/2025 AMAZON CAPITAL SERVICES OFFICE SUPPLIES 781.53 173336 03/20/2025 AMERICAN EXPRESS LATE FEE 7-61002 39.00 173337 03/20/2025 ANIMAL CARE HOSPITAL S/N Services 75.00 173338 03/20/2025 APPLE VALLEY LAWNMOWER Golf Course Blower 730.54 173339 03/20/2025 APPLE VALLEY TIRE Tire 187.91
173340 03/20/2025 BURRTEC WASTE INDUSTRIES, INC HHW Opperations 2,115.36 173341 03/20/2025 CAL-STATE AUTO PARTS INC Parks Vehicle #86 61.55 173342 03/20/2025 CAPITAL ONE Day Camp Supplies 87.78
173343 03/20/2025 CAROLLO ENGINEERS, INC. Sewer System Master Plan Update - February 2025 43,298.00 173344 03/20/2025 CLOVER LEAF DESIGN SINGH CENTER LIGHTING 100.00 173345 03/20/2025 CROSSTOWN ELECTRICAL & DATA, INC. Bear Valley Rd Intersection Improvements 302,685.27 173346 03/20/2025 DAVID EVANS & ASSOC, INC EDEN PO 2223-000057 18,490.30 173347 03/20/2025 EDISON COMPANY 02/01/25-02/28/25 12,225.45 173348 03/20/2025 FAUST MEDIA SERVICES, LLC Pamela Business Cards 106.20 173349 03/20/2025 FEDEX SHIPPING 9.13
173350 03/20/2025 FRANKLIN MILLER, INC Motor for Grinder at Lift Station 3A-1 18,365.00 173351 03/20/2025 G.A. OSBORNE PIPE & SUPPLY Golf Course Supplies 1,397.11 173352 03/20/2025 GEOTAB USA, INC. Fleet Management - February 1,025.00 173353 03/20/2025 HIGH DESERT LASER GRAPHICS NAME PLATES 49.48 173354 03/20/2025 HOME DEPOT CREDIT SEVICES Fleet Tools & Air Compressor Anchors for GC Shop 449.53 173355 03/20/2025 ICON SHELTER SYSTEMS, INC Captain Joseph McConnel Jr., USAF Park Shade Struc 74,500.01 173356 03/20/2025 IDEXX DISTRIBUTION, INC Shelter Supplies 479.22

Check # Date Vendor Description Check Total
173357 03/20/2025 ITERIS INC. Video Detection for Bear Valley Rd Intersections 60,264.58 173358 03/20/2025 KTUA Town Wide Complete Streets Action Plan (SS4A) 36,037.96 173359 03/20/2025 LIBERTY UTILITIES CA 1/29/25-2/25/25 21,788.51 173360 03/20/2025 NAPA Golf Course Maintenance 113.51
173361 03/20/2025 NIEMELA PAPPAS & ASSOCIATES FY 2025 STATE ADVOCACY SERVICES 9,000.00 173362 03/20/2025 S/N Refund S/N REFUND 40.00
173363 03/20/2025 Charles Blake Employee Remb-Blake 61.32 173364 03/20/2025 CONCO CONSTRUCTION PERMIT REFUND 2,495.10 173365 03/20/2025 S/N REFUND S/N REFUND 40.00
173366 03/20/2025 Joshua Hall Employee Remb-Hall 101.28 173367 03/20/2025 S/N Refund S/N REFUND 40.00
173368 03/20/2025 Nickolas Noll Employee Reimbursement-Boots 200.00 173369 03/20/2025 Class Refund Class Refund 73.00
173370 03/20/2025 S/N REFUND S/N REFUND 40.00
173371 03/20/2025 PRUDENTIAL OVERALL SUPPLY Uniform Service 289.55 173372 03/20/2025 RIGHT OF WAY, INC Street signs and parts 1,801.82 173373 03/20/2025 SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT MARCH LAW ENFORCEMENT SERVICES 1,583,255.00 173374 03/20/2025 SAN BERNARDINO FIRE PROT. DIST April 25 to June 25 24,098.60 173375 03/20/2025 SAN BERNARDINO COUNCIL OF GOVERNMENTS GENERAL ASSESSMENT MEMBERSHIP DUES 29,314.00 173376 03/20/2025 SOUNDSTRIPE INC. FY25 MUSIC LICENSE AGREEMENT 5,000.00 173377 03/20/2025 SOUTHWEST GAS CORPORATION 02/07/25-03/10/25 1,494.85 173378 03/20/2025 SPARKLETTS WATER 129.18
173379 03/20/2025 TOWN OF APPLE VALLEY MARCH TRASH AND SEWER 1,045.62 173380 03/20/2025 USA SEPTIC Golf Cours- Back #9 Restroom Leech Pit Replacement 6,800.00 173381 03/20/2025 WEGOTEM TEES TOWN APPAREL 10,722.36
173382 03/20/2025 WPONCALL WEBSITE MAINTENANCE 300.00
173383 03/20/2025 ZERO WASTE USA Dog Station Can Liners 274.76 173384 03/27/2025 ABF PRINTS, INC. Required Mailing 292.99 173385 03/27/2025 AMAZON CAPITAL SERVICES OFFICE SUPPLIES 157.35 173386 03/27/2025 AMERICAN TREE COMPANY Golf Course Proposal #629 4,800.00 173387 03/27/2025 ANIMAL EMERGENCY CLINIC Medical Treatment 215.13 173388 03/27/2025 APEX RENTALS McConnell Park- Shade Structure Reach Lift 440.50 173389 03/27/2025 APPLE VALLEY TIRE Dump Trailer 60.00
173390 03/27/2025 BATTERY MART Back Hoe & Low Boy Trailer 302.41 173391 03/27/2025 BEST POWER EQUIPMENT LLC Chainsaw 116.33 173392 03/27/2025 BOOT BARN, INC. Boots-Frank Abeyta 190.85 173393 03/27/2025 CHARLES ABBOTT ASSOCIATES RRLP- Feb Abel and Subia 368.00 173394 03/27/2025 CHARTER COMMUNICATIONS SERVICE 3/17 - 4/16 17,902.79 173395 03/27/2025 COUNTY OF SAN BERNARDINO Acc 1046 2-1-25 to 3-14-25 115,631.90

Check # Date Vendor Description Check Total
173396 03/27/2025 DELL MARKETING L.P. PLANNER & PROJECT P3 2,848.35 173397 03/27/2025 DOKKEN ENGINEERING Bear Valley Bridge design services 12,775.62 173398 03/27/2025 EDISON COMPANY 02/07/25-03/10/25 38,706.16 173399 03/27/2025 FAUST MEDIA SERVICES, LLC 1/2 marathon Plaque & Medal Plates 1,028.43 173400 03/27/2025 G.A. OSBORNE PIPE & SUPPLY James Woody 625.76 173401 03/27/2025 GT GOLF SUPPLY CO Resale Items 92.79
173402 03/27/2025 HIGH DESERT LASER GRAPHICS EOQ Plaque Insert 10.88 173403 03/27/2025 HOME DEPOT CREDIT SEVICES Small Tools 436.09 173404 03/27/2025 HRDIRECT Poster Guard 511.75
173405 03/27/2025 KERN TURF SUPPLY INC. Golf Course Maintenance 185.10 173406 03/27/2025 KIMBALL MIDWEST Equipment Maintenance/Safety Equipment 1,051.49 173407 03/27/2025 KIMLEY-HORN AND ASSOCIATES, INC. Pickleball Project 1,707.75 173408 03/27/2025 KONICA MINOLTA PREMIER FINANCE C4080 BASE (3/13-4/12) 916.96 173409 03/27/2025 KTUA Town Wide Complete Streets Action Plan (SS4A) 40,080.11 173410 03/27/2025 LIBERTY UTILITIES CA 1/4/25-3/4/25 7,289.41 173411 03/27/2025 LOGICALIS ARCTIC WOLF SECURITY OPERATIONS TOTAL 49,172.46 173412 03/27/2025 LOWE'S (LAR) J. Woody & Brewster-Irrigation and Fence Repair 746.20 173413 03/27/2025 MDG ASSOCIATES INC CDBG Admin- Feb 10,085.76 173414 03/27/2025 MERRELL JOHNSON GEOTECHNICAL, INC Village North Sidewalk Testing 744.00 173415 03/27/2025 MOJAVE DESERT AQMD Golf Course: Notice of Violation MD00001961 2,927.00 173416 03/27/2025 NAPA Vehicle Maintenance WW 249.90
173417 03/27/2025 O'REILLY AUTO PARTS Parks: Anti-Freeze 21.54 173418 03/27/2025 Trash Refund Trash Refund 212.73
173419 03/27/2025 Trash Refund Trash Refund 150.00
173420 03/27/2025 Trash Refund Trash Refund 440.81
173421 03/27/2025 S/N Refund S/N Refund 40.00
173422 03/27/2025 Trash Refund Trash Refund 102.08
173423 03/27/2025 Trash Refund Trash Refund 157.37
173424 03/27/2025 Trash Refund Trash Refund 77.34
173425 03/27/2025 Trash Refund Trash Refund 12.08
173426 03/27/2025 Trash Refund Trash Refund 15.28
173427 03/27/2025 Trash Refund Trash Refund 271.16
173428 03/27/2025 Trash Refund Trash Refund 27.05
173429 03/27/2025 Trash Refund Trash Refund 7.85
173430 03/27/2025 S/N Refund S/N Refund 75.00
173431 03/27/2025 Trash Refund Trash Refund 80.59
173432 03/27/2025 Trash Refund Trash Refund 142.62
173433 03/27/2025 Trash Refund Trash Refund 113.55
173434 03/27/2025 PNC EQUIPMENT FINANCE Leased Equipment 10,434.15

Check # Date Vendor Description Check Total
173435 03/27/2025 PRECISION LOCK & SAFE J. Woody- 30 New Padlocks A445 503.62 173436 03/27/2025 PRUDENTIAL OVERALL SUPPLY Uniform service 671.82 173437 03/27/2025 PYRO SPECTACULARS, INC. Freedom Festival Fireworks Display 2024 21,000.00 173438 03/27/2025 QUINN COMPANY TROUBLESHOOT GENERATOR 1,787.36 173439 03/27/2025 R&R PRODUCTS Golf Course Maintenance 358.27 173440 03/27/2025 RSG, INC FY24-25 SA SERVICES & CB RECONCILIATION 206.25 173441 03/27/2025 SALES & DISTRIBUTION SERVICES AQUAPHALT 2,339.70 173442 03/27/2025 SHERWIN WILLIAMS Parking Lot Paint Project 474.22 173443 03/27/2025 SOUTHWEST GAS CORPORATION 02/07/25-03/10/25 29,575.89 173444 03/27/2025 ST. FRANCIS ELECTRIC, LLC Traffic Signal Maint. Response Billing - Feb. 2025 27,935.70 173445 03/27/2025 SUPERCO SPECIALTY PRODUCTS All Parks-Graffiti 596.77 173446 03/27/2025 TOWN OF APPLE VALLEY Senior Scholarship Program 2,678.00 173447 03/27/2025 UNITED ROTARY BRUSH CORP. Vehicle 79 1,660.71 173448 03/27/2025 VAN LANT & FANKHANEL, LLP 2023-24 STREETS REPORT 1,300.00 173449 03/27/2025 WITHERS, KANISHA Employee Reimbursement - Mileage 121.94 173450 03/27/2025 ZERO WASTE USA Parks Supplies 866.91
362 Checks Total amount of checks: 4,836,390.48

Check # Date Vendor Description Check Total
664 03/06/2025 B B & K 28314 Retainer December 2024 54,527.92 665 03/06/2025 BATTISTA, RICHARD Graffiti Removal 1,872.60 666 03/06/2025 CADY, MICHAEL Retiree Reimbursement 379.97 667 03/06/2025 CRON, DENNIS Retiree Reimbursement 544.50 668 03/06/2025 CUPP, PAMELA Retiree Reimbursement 1,270.36 669 03/06/2025 HARROWER, KATHY Retiree Reimbursement 619.60 670 03/06/2025 INLAND FAIR HOUSING & CDBG Fair Housing Services January 1,461.75 671 03/06/2025 KELLEY, KAREN Retiree Reimbursement 619.60 672 03/06/2025 LAMSON, LORI Retiree Reimbursement 1,443.99 673 03/06/2025 LCR EARTHWORK & ENGINEERING, CORP. Yucca Loma Elementary Safe Routes to School 202,642.60 674 03/06/2025 MCKEON, TOM Retiree Reimbursement 203.99 675 03/06/2025 MILLER, CAROL Retiree Reimbursement 478.29 676 03/06/2025 MOJAVE PRINTING SOLUTIONS Town Gall Signage 399.16 677 03/06/2025 MOLINARI, MICHAEL Retiree Reimbursement 800.00 678 03/06/2025 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 567.60 679 03/06/2025 SAXBY ENTERPRISES INC 1/2 Marathon Event Shirts 3,315.50 680 03/06/2025 SCHMACHTENBERGER, KATHERINE M Retiree Reimbursement 575.82 681 03/06/2025 SIMMONS, DAWN Retiree Reimbursement 631.31 682 03/06/2025 SMITH, KEVIN Retiree Reimbursement 399.94 683 03/06/2025 SULZBERGER, DIANNE Retiree Reimbursement 619.60 684 03/06/2025 TYPE-SET-GO Uniform- Golf Shirts 381.44
685 03/06/2025 VULCAN MATERIALS Cold mix 902.77
686 03/06/2025 WHITESIDE, GINA M Retiree Reimbursement 1,650.80 687 03/13/2025 BIG APPLE AUTO VEHICLE REPAIR 13,326.32
688 03/13/2025 BURRTEC WASTE INDUSTRIES INC A3 A4 HE 876,812.60 689 03/13/2025 CARROLL, MARY ANNE Yoga FIt Class Instructor Pay 217.80 690 03/13/2025 CDW GOVERNMENT, INC. SOLARWINDS RENEWAL 3,074.23 691 03/13/2025 GARCIA, NEIL Guitar Lessons Instructor Pay 255.30 Town of Apple Valley
Commercial Warrants
Month of March 2025
Electronic Fund Transfers

Check # Date Vendor Description Check Total
692 03/13/2025 MOCHARNUK, BILL Tennis Class Instructor Pay 190.75 693 03/13/2025 MURO, MARIA Aqua Zumba Class Instructor Pay 810.34 694 03/13/2025 MYERS, MELANIE Acting Class Instructor Pay 1,656.00 695 03/13/2025 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 81.40 696 03/13/2025 QUADIENT FINANCE USA, INC POSTAGE 3,000.00 697 03/13/2025 RICHLING, HAILEY Tap & Ballet Class Instructor Pay 497.28 698 03/13/2025 SAXBY ENTERPRISES INC Spring Session 2: Adventures in Pee Wee TShirts 437.50 699 03/13/2025 URMSTON, CHRIS Tai Chi Instructor Pay 585.30 700 03/13/2025 VULCAN MATERIALS Cold mix 638.60
701 03/13/2025 URBAN FUTURES INC DISCLOSURE & COMPLIANCE SERVICES - FY23 REPORT 9,975.00 702 03/20/2025 BATTISTA, RICHARD Graffiti Removal 3,275.40 703 03/21/2025 GREINES, MARTIN, STEIN & RICHLAND LLP TOAV V. AV RANCHOS WATER 1,503.50 704 03/22/2025 INTERWEST CONSULTING GROUP INC DP2022-014/ GPA- Inland Empire 20,220.75 705 03/23/2025 KINETIC LIGHTING, INC Singh Center Lighting 35,927.90 706 03/24/2025 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 360.55 707 03/25/2025 SOUTHERN CALIFORNIA EDISON POWER VA SALES 553,183.84 708 03/26/2025 VULCAN MATERIALS Cold mix 1,022.54
709 03/27/2025 VOID VOID 0.00
710 03/27/2025 VOID VOID 0.00
711 03/27/2025 VOID VOID 0.00
712 03/27/2025 VOID VOID 0.00
713 03/27/2025 VOID VOID 0.00
714 03/27/2025 VOID VOID 0.00
715 03/27/2025 VOID VOID 0.00
716 03/27/2025 VOID VOID 0.00
717 03/27/2025 COOLEY CONSTRUCTION, INC Road Repairs - Four Locations 28,939.00 718 03/27/2025 DC CONSTRUCTION LLC Disbursement #1- Toomey 8,874.00 719 03/27/2025 INLAND FAIR HOUSING & CDBG Fair Housing Services- Feb 965.33 720 03/27/2025 KNC CONSTRUCTION Village North Sidewalk Improvement Project 303,379.09 721 03/27/2025 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 1,113.05 722 03/27/2025 SOUTHERN CALIFORNIA EDISON DOCUMENT #7590596322 30.71 723 03/27/2025 SOUTHERN CALIFORNIA EDISON 11/01/24-11/30/24 POWER VA SALES 97,716.96 724 03/27/2025 TYPE-SET-GO Printing supplies (NOV) 603.40

Check # Date Vendor Description Check Total
725 03/27/2025 VULCAN MATERIALS Cold mix 641.12
62 EFT'S Total amount of EFT's: $2,245,624.67

Wire Reference Date Beneficiary Name Description Wire Total 250303B018Q5 3/3/2025 US Bank, NA PFA 2021 Lease Rev Bond $ 110,628.00

TOWN OF APPLE VALLEY

WIRE TRANSFERS
MONTH OF MARCH 2025

Town Council Agenda Report
Date: April 8, 2025
To: Honorable Mayor and Town Council
Subject: MARCH 2025 PAYROLL/BENEFITS WARRANTS SCHEDULE
From: Douglas Robertson, Town Manager
Submitted by: Adam Cripps, Interim Finance Manager
Finance Department
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 demand 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 a register of demand 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 March 1 through March 31, 2025, in the amount of $1,025,291.89 net of voids, covering issued warrant #s 72091-72128 and direct deposit advice #s 1001411-1001903 are herewith submitted for approval.

FISCAL IMPACT

DATE TOTAL
03/14/2025 $517,450.04
03/28/2025 $507,841.85
TOTAL: $1,025,291.89
The payroll and benefit warrants issued, covering warrant #s 72091-72128 and direct deposit advice #s 1001411-1001903 inclusive, totaled $1,025,291.89. Sufficient funding is appropriated and available in such amounts necessary to cover the demands included herein.

Town Council Agenda Report
Date: April 8, 2025
To: Honorable Mayor and Town Council
Subject: APPROVE SAN BERNARDINO COUNTY TRANSPORTATION
AUTHORITY (SBCTA) FUNDING AGREEMENT NO. 25-1003283
From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council approve Project Funding Agreement No. 25-1003283 with the San Bernardino County Transportation Authority (SBCTA) for the Central Road Widening Project, subject to approval as to form by the Town Attorney and as to content by the Town Manager.

BACKGROUND
The Town entered into a Professional Services Agreement with David Evans & Associates on January 24, 2023 to prepare the plans, specifications, and estimate to reconstruct Central Road from Bear Valley Road to State Highway 18. The project consists of reconstructing the segment and widening it to include two travel lanes, a continuous left turn lane, and bike lanes. Additionally, the project will construct a new bus turnout at Sioux Road and improve the shoulders to support heavy vehicle turn out. The estimated cost for construction is $9,220,000.

In preparation for the commencement of this project, a Funding Agreement has been prepared between the Town of Apple Valley and SBCTA to formalize the construction funding commitments between the two agencies. The Funding Agreement includes a pledge of 45% ($4,149,000.00) from SBCTA using Measure I Major Local Highway Program (MLHP) funds. The Town is responsible for the remaining 55% ($5,071,000.00) which will come from a combination of grant funds totaling $557,503.00 and Traffic Impact Fees.

A draft of the Agreement is attached for review. The final document will be signed electronically using Adobe Sign which has a limited signing window. The document will be forwarded to the Town’s signatories and will be executed by SBCTA at their May 7, 2025, Board of Director’s meeting. A construction contract is anticipated to be awarded

in July 2025.

BACKGROUND
Central Road is a two-mile major divided arterial on the General Plan’s Circulation Element. The segment south of Nisqually Road only has two travel lanes and dirt shoulders requiring vehicles to stop in the travel lane while preparing to turn left and waiting for oncoming traffic. Once complete, the project will provide a continuous left turn lane allowing better traffic flow. Furthermore, the reinforced shoulders will provide a stronger surface for trash trucks and buses reducing damage to the roadway edge.

Additionally, the project will provide a bus turnout with shelter and a pedestrian pathway at the north-east corner of Central Road and Sioux Road.

FISCAL IMPACT
Approval of the Project Funding Agreement No. 25-1003283 will enable SBCTA to contribute the necessary MLHP funds of 45% of the project’s cost up to a maximum of $4,149,000.00.

ATTACHMENTS
A. Area of Work
B. Draft Project Funding Agreement No. 25-1003283.

AREA OF WORK

25-1003283

PROJECT FUNDING AGREEMENT NO. 25-1003283
FOR

CENTRAL ROAD WIDENING PROJECT
(TOWN OF APPLE VALLEY)
THIS Project Funding Agreement (“AGREEMENT”) is made and entered into by and between the Town of Apple Valley ("TOWN") and the San Bernardino County Transportation Authority ("SBCTA"). SBCTA and TOWN shall be referred to herein each as a “Party” and collectively as the “Parties.”

RECITALS
A. The Measure I 2010-2040 Expenditure Plan and the Victor Valley Subarea transportation planning partners have identified projects eligible for funding from Measure I 2010-2040 Victor Valley Subarea Major Local Highway Projects Program ("MLHP") funds; and B. The Central Road Widening Project (“PROJECT”) is one of the projects identified as eligible for such funding and is described more fully in Attachment A; and C. The proposed PROJECT will consist of a new bus turnout at the intersection of Central Road and Sioux Road along with road widening including the addition of bike lanes, improved shoulders, and a continuous left turn lane along Central Road from State Route (SR) 18 to Bear Valley Road; and
D. TOWN identified a need of Four Million, One Hundred Forty-Nine Thousand Dollars and Zero Cents ($4,149,000.00) in Measure I 2010-2040 Victor Valley Subarea MLHP funds to complete the Construction Phase of the PROJECT; and
E. PROJECT WORK is defined as all work, labor, and materials necessary to construct or perform the improvements set forth in Recital C; and
F. This AGREEMENT is to be carried out in accordance with the policies in the Measure I 2010- 2040 Strategic Plan as adopted by SBCTA; and
G. TOWN desires to proceed with the PROJECT WORK in a timely manner; and H. This AGREEMENT is intended to delineate the duties and funding responsibilities of the Parties for the PROJECT WORK.

NOW, THEREFORE, the Parties agree to the following:

SECTION I

25-1003283

SBCTA AGREES:

1. To reimburse TOWN for the actual cost of the PROJECT WORK up to a maximum of $4,149,000 in Measure I 2010-2040 Victor Valley Subarea MLHP funds. An estimate of costs for the PROJECT WORK is provided in Attachment B. SBCTA shall have no further responsibilities to provide any funding for PROJECT WORK exceeding this amount without an amendment to this AGREEMENT.

2. To reimburse TOWN within thirty (30) days after TOWN submits an electronic copy of the signed invoices in the proper form covering those actual allowable PROJECT WORK expenditures that were incurred by TOWN up to a maximum amount identified in Section I, Paragraph 1 of this AGREEMENT, consistent with the invoicing requirements of the Measure I 2010-2040 Strategic Plan, including backup information. Invoices may be submitted to SBCTA as frequently as monthly.

3. When conducting an audit of the costs claimed under the provisions of this AGREEMENT, to rely to the maximum extent possible on any prior audit of TOWN performed pursuant to the provisions of State and Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to SBCTA when planning and conducting additional audits.

4. To assign a project liaison for the purpose of attending Project Development Team (PDT) meetings.

SECTION II
TOWN AGREES:

1. To be the lead agency for PROJECT WORK and to diligently undertake and complete in a timely manner the Scope of Work for the PROJECT WORK as shown in Attachment A.

2. To be responsible for expending that portion of allocated MLHP funds on eligible PROJECT WORK expenses in an amount not to exceed $4,149,000 in Measure I 2010- 2040 Victor Valley Subarea MLHP funds unless AGREEMENT is amended and approved increasing PROJECT WORK costs. Reimbursement by SBCTA shall be in accordance with Section I, Paragraph 2. Additionally, expenses relative to time spent on the PROJECT WORK by TOWN staff are considered eligible PROJECT expenses and may be charged to the PROJECT, subject to SBCTA’s guidelines.

3. To secure all necessary State and Federal authorizations that are required before releasing an invitation for bids for the Construction Phase of PROJECT.

4. To abide by all applicable SBCTA, TOWN, State and Federal laws, regulations, policies and procedures pertaining to the PROJECT WORK.

5. To prepare and submit to SBCTA an electronic copy of signed invoices for reimbursement of eligible PROJECT WORK expenses. Invoices may be submitted to SBCTA as frequently as monthly.

25-1003283

6. To maintain all source documents, books and records connected with its performance under this AGREEMENT for a minimum of five (5) years from the date of the Final Report of Expenditures submittal to SBCTA or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of SBCTA during normal business hours at TOWN Hall. Copies will be made and furnished by TOWN upon written request by SBCTA.

7. To establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support TOWN’s requests for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of PROJECT WORK elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by TOWN.

8. To prepare a Final Report of Expenditures, including a final invoice reporting the actual eligible PROJECT WORK costs expended for those activities described in the work activities, and to submit that Final Report of Expenditures and final invoice no later than one hundred twenty (120) days following the completion of those expenditures funded under this AGREEMENT. The Final Report of Expenditures shall be submitted to SBCTA and must state that these PROJECT WORK funds were used in conformance with this AGREEMENT and for those PROJECT WORK-specific work activities described.

9. To cooperate in having a PROJECT-specific audit completed by SBCTA, at SBCTA’s option and expense, upon completion of the PROJECT WORK. The audit must state that all funds expended on the PROJECT WORK were used in conformance with this AGREEMENT.

10. To repay to SBCTA any reimbursement for Measure I costs that are determined by subsequent audit to be unallowable within one hundred twenty (120) days of TOWN receiving notice of audit findings, which time shall include an opportunity for TOWN to respond to and/or resolve the findings. Should the findings not be otherwise resolved and TOWN fail to reimburse moneys due SBCTA within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between both Parties, SBCTA reserves the right to withhold future payments due TOWN from any source under SBCTA’s control.

11. To include SBCTA in Project Development Team (PDT) meetings if and when such meetings are held and in related communications on PROJECT WORK progress, to provide at least quarterly schedule updates to SBCTA, and to consult with SBCTA on critical issues relative to the PROJECT WORK.

12. To post signs at the boundaries of the PROJECT noting that PROJECT is funded with Measure I funds. Signs shall bear the logos of SBCTA and TOWN.

13. In the case that Measure I 2010-2040 Victor Valley Subarea MLHP funds are used in the Construction Phase of the PROJECT, to include in all contracts between TOWN and contractors for the Construction Phase the requirement that SBCTA be named as an additional insured under general liability insurance policies maintained by the contractor for the PROJECT.

25-1003283

SECTION III
IT IS MUTUALLY AGREED:

1. To abide by all applicable Federal, State and Local laws and regulations pertaining to the PROJECT WORK, including policies in the applicable program in the Measure I 2010- 2040 Strategic Plan, as amended, as of the Effective Date of this AGREEMENT.

2. The final PROJECT WORK cost may ultimately exceed current estimates of PROJECT WORK cost. Any additional eligible costs resulting from unforeseen conditions over the estimated total of the PROJECT WORK cost shall be borne by TOWN unless prior authorization has been approved by the SBCTA Board of Directors pursuant to Section III, Paragraph 3 of this AGREEMENT.

3. In the event TOWN determines PROJECT WORK costs may exceed the not to exceed amount identified in Section I, Paragraph 1, TOWN shall inform SBCTA of this determination and thereafter the Parties shall work together in an attempt to agree upon an amendment to the PROJECT WORK amounts identified in this AGREEMENT. In no event, however, shall SBCTA be responsible for PROJECT WORK costs in excess of the amounts identified herein absent a written amendment to this AGREEMENT that is approved and signed by both Parties.

4. Eligible PROJECT WORK reimbursements shall include only those costs incurred by TOWN for PROJECT WORK-specific work activities that are described in this AGREEMENT and shall not include escalation or interest.

5. Neither SBCTA nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by TOWN under or in connection with any work, authority or jurisdiction delegated to TOWN under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, TOWN shall fully defend, indemnify and save harmless SBCTA, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by TOWN under or in connection with any work, authority or jurisdiction delegated to TOWN under this AGREEMENT. TOWN’s indemnification obligation applies to SBCTA’s “active” as well as “passive” negligence but does not apply to SBCTA’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

6. Neither TOWN nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction delegated to SBCTA under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, SBCTA shall fully defend, indemnify and save harmless TOWN, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction delegated to SBCTA under

25-1003283

this AGREEMENT. SBCTA’s indemnification obligation applies to TOWN’s “active” as well as “passive” negligence but does not apply to TOWN’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

7. In the event TOWN and/or SBCTA is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this AGREEMENT, TOWN and/or SBCTA shall indemnify the other to the extent of its comparative fault.

8. This AGREEMENT will be considered terminated upon reimbursement of all eligible costs by SBCTA or June 30, 2027, whichever is sooner, provided that the provisions of Paragraphs 6, 7, 8, 9, and 10 of Section II, and Paragraphs 5, 6 and 7 of Section III, shall survive the termination of this AGREEMENT. The AGREEMENT may also be terminated by SBCTA, in its sole discretion, in the event the PROJECT WORK described in Attachment A has not been initiated by TOWN within twelve (12) months of the Effective Date of this AGREEMENT.

9. SBCTA may terminate this Agreement if TOWN fails to perform according to the terms of this AGREEMENT and if this failure jeopardizes the delivery of the PROJECT WORK according to the terms herein.

10. The Recitals to this AGREEMENT are true and correct and are incorporated into this AGREEMENT.

11. Attachment A (Description of Project and Milestones) and Attachment B (Summary of Estimated Costs) are attached to and incorporated into this AGREEMENT.

12. The AGREEMENT may be signed in counterparts, each of which shall constitute an original.

13. This AGREEMENT is effective and shall be dated on the date executed by SBCTA (“Effective Date”).

25-1003283

IN WITNESS WHEREOF, the Parties have executed this AGREEMENT by their authorized signatories below.

SAN BERNARDINO COUNTY TOWN OF APPLE VALLEY

TRANSPORTATION AUTHORITY
By: ______________________________ By: _______________________________ Ray Marquez, President Douglas B. Robertson
Board of Directors Town Manager
Date: _____________________________ Date: ______________________________ APPROVED AS TO FORM: APPROVED AS TO FORM:

By: __________________________________ By: _________________________________ Julianna K. Tillquist Thomas A. Rice
SBCTA General Counsel Town Attorney
Date: _________________________________ Date: _______________________________

25-1003283

ATTACHMENT A

CENTRAL ROAD WIDENING PROJECT
Description of Project and Milestones
Project Title
Central Road Widening Project
Location, Project Limits, Description, Scope of Work, Legislative Description Widen and reconstruct Central Road from Bear Valley Road to Highway 18 constructing three lanes and a Class II bikeway. Shoulders will be improved with base material, and a new bus turnout will be constructed at the intersection of Sioux Road.

Project Milestone Proposed
Project Study Report Approved N/A
Begin Environmental (PA&ED) Phase 7/14/2023
Circulate Draft Environmental Document N/A
Draft Project Report N/A
End Environmental Phase (PA&ED Milestone) 4/12/2025
Begin Design (Plans, Specifications & Estimates) Phase 1/24/2023 End Design Phase (Ready to List for Advertisement Milestone) 4/11/2025 Begin Right-of-Way Phase 1/25/2023
End Right-of-Way Phase (Right of Way Certification Milestone) 1/24/2025 Begin Construction Phase (Contract Award Milestone) 7/21/2025 End Construction Phase (Construction Contract Acceptance Milestone) 12/31/2026 Begin Closeout Phase 1/2/2027
End Closeout Phase (Closeout Report) 3/31/2027

25-1003283

ATTACHMENT B

CENTRAL ROAD WIDENING PROJECT
Summary of Estimated Costs
Phase Total Cost SBCTA Funds (1) TOWN Funds
Plans, Specifications, and
Estimate $376,000 $0 $376,000
Right-of-Way $150,000 $0 $150,000
Construction $9,220,000 $4,149,000 $5,071,000
TOTAL $9,746,000 $4,149,000 $5,597,000
Additional Notes:

1. SBCTA's Share can be from sources under control of SBCTA including but not limited to Measure I Major Local Highways Program (MLHP), State Transportation Improvement Program (STIP), Surface Transportation Program (STP), or other funds without necessitating an amendment of this agreement.

Town Council Agenda Report
Date: April 8, 2025
To: Honorable Mayor and Town Council
Subject: BEAR VALLEY ROAD BRIDGE OVER MOJAVE RIVER
REHABILITATION AND WIDENING PROJECT – PURCHASE AND

SALE AGREEMENT AND TEMPORARY CONSTRUCTION

EASEMENT WITH VICTOR VALLEY COMMUNITY COLLEGE
DISTRICT (VVCCD).

From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council:

A Approve the Purchase and Sale Agreement with VVCCD; and B Approve the Temporary Construction Easement with VVCCD.

BACKGROUND
The Bear Valley Bridge project resulted from a Caltrans Bridge Inspection Report that found the bridge to be structurally deficient (deck, joints and foundation) and functionally obsolete (lanes too narrow and non-existing shoulders). The Town has been working with the design consultant (Dokken Engineering), Caltrans, San Bernardino County Flood Control, City of Victorville, and other local, regional, federal agencies as well as utility companies and private owners. The rehabilitation and widening project will provide for six standard width lanes, shoulders, median, two sidewalks, a Class one (1) bike path, drainage improvements and utilities relocations.

While developing the project, the need for right-of-way, access and maintenance and utilities easements were identified. On the 28th of June of 2022, Town Council authorized staff to proceed with the acquisition of real property necessary for the project. This authorization was based on appraisals of the roadway easements, temporary construction easements, access and maintenance easements, SCE easement, and waterline easements interests in five properties listed in said authorization. Rights were acquired from private owners and the San Bernardino County Flood Control. A Resolution

of Necessity was approved and its respective Order of Possession was issue by the Court for two private properties. In January of 2023, a Possession and Use Agreement was obtained from the Victor Valley Community College District (VVCCD). After a very lengthy negotiation with VVCCD, staff was able to reach an agreement and is seeking approval from Council.

ANALYSIS
In April of 2022, the appraised value for all the rights to be acquired by the Town from VVCCD was determined at $372,000. In June of 2022, Town Council authorized staff to negotiate up to $392,500. After a two-year long negotiation, in April 2024, VVCCD accepted $402,444 as total compensation. This is an increase of $9,944 (2.4% over the previously authorized amount) over a 24 month period. The documents were signed by VVCCD on March 17, 2025. The Highway Bridge Program (HBP) is responsible for

88.53% of the expenses.

FISCAL IMPACT
An Escrow account has been open since March of 2023 holding the original $372,000.

The balance amount of $30,444 (including the above referenced $9,944) will be paid with Local Measure I and the Town will be later reimbursed for $26,952 by HBP. This is reflected in the project’s budget for FY 24/25.

ATTACHMENTS
A Vicinity Map
B Purchase and Sale Agreement
C Temporary Construction Easement

1 AGREEMENT

OF PURCHASE AND SALE
This AGREEMENT of Purchase and Sale and Escrow Instructions (“Agreement”) is entered into by and between the TOWN OF APPLE VALLEY herein called “Buyer” and VICTOR VALLEY COMMUNITY COLLEGE DISTRICT; herein called “Seller”. Seller and Buyer are sometimes individually referred to as “Party” and collectively as “Parties.” The Effective Date of this Agreement shall be the date of the final signature as between the two parties and approval of the Agreement by both Parties' governing boards.

WHEREAS, Seller owns certain real property currently situated as vacant land lying within the City of Victorville, San Bernardino County, California and bearing Assessor Parcel No. 0482-022-06 ("District Site").

WHEREAS, Buyer desires to purchase certain easement rights in and through the District Site for the purposes of constructing, along with various other public entities, the Bear Valley Road Bridge over the Mojave River Rehabilitation Project ("Project"), including related public utility installations and ongoing maintenance and operation of such public utilities for the benefit of the Buyer, the City of Victorville, the City of Hesperia, Southern California Edison Company and the San Bernardino County Department of Public Works, Special Districts – CSA 64. These easement rights include those described in the: Powerline Easement, Waterline Easement, Roadway Easement, Access and Maintenance Easement and Temporary Construction Easement (referred to herein jointly as the "Easements"), and each described in more detail in Section, I (A) below.

WHEREAS, Seller and Buyer previously entered into that certain Possession and Use Agreement ("PUA") on December 13, 2022, to allow Buyer temporary access to the District site for purposes of preparing for conducting the work reasonably necessary to construct the Project. Pursuant to the PUA, the Buyer deposited the amount of its statutory offer of $372,000 pursuant to Government Code section 7267.2, in an escrow account (First American Title Company, Escrow No. 0623- 5621067). Meanwhile, the Parties continued to negotiate a final settlement figure with regard to compensation for the designated easement rights.

WHEREAS, Seller and Buyer have now agreed upon a designated compensation amount, and Seller desires to convey the right to such Easements to Buyer in exchange for the Purchase Price, as defined below and the Parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Easements.

NOW, THEREFORE, the Parties agree as follows:

I. AGREEMENT
A. Purchase and Sale. The Buyer agrees to buy and Seller agrees to sell and convey the Easements for the Purchase Price and upon the terms and conditions set forth in this Agreement.

2 1. Powerline Easement. Under the terms and conditions of this Agreement, Seller shall convey to Southern California Edison Company, and Southern California Edison Company shall acquire from Seller a permanent easement and right-of-way in, under, on, over, along and across the Property (the "Powerline Easement") to construct, reconstruct, maintain, operate, and repair, certain powerline infrastructure and related appurtenances, as more specifically shown on the easement deed attached hereto as Exhibit A (the "Powerline Easement Deed").

2. Waterline Easement. Under the terms and conditions of this Agreement, Seller shall convey to San Bernardino County Service Area 64, and San Bernardino County Service Area 64 shall acquire from Seller a permanent easement and right-of-way in, on, over, under, along and across the Property (the "Waterline Easement") to construct, reconstruct, maintain, operate, and repair, certain waterline infrastructure and related appurtenances, as more specifically shown on the easement deed attached hereto as Exhibit B (the "Waterline Easement Deed").

3. Roadway Easement. Under the terms and conditions of this Agreement, Seller shall convey to City of Victorville, and City of Victorville shall acquire from Seller a permanent easement in, on, over, along and across the Property (the "Roadway") to construct, reconstruct, maintain, operate, and repair, certain roadway infrastructure, landscaping and related appurtenances, as more specifically shown on the easement deed attached hereto as Exhibit C (the "Roadway Easement Deed").

4. Access and Maintenance Easement. Under the terms and conditions of this Agreement, Seller shall convey to City of Victorville, and City of Victorville shall acquire from Seller a permanent easement in, on, over, along and across the Property (the "Access and Maintenance Easement") for the purposes of accessing and maintaining the waterline, powerline and roadway improvements referenced above, which Access and Maintenance Easement is as more specifically shown on the easement deed attached hereto as Exhibit D (the "Access and Maintenance Easement Deed").

5. Temporary Construction Easement. Under the terms and conditions of this Agreement, Seller shall convey to Buyer, and Buyer shall acquire from Seller, the right to utilize a portion of the District Site (the "Temporary Construction Easement") as a temporary construction area to enable the performance of all activities reasonably necessary for the construction of the Project for five years as more specifically described and depicted shown on the easement deed attached hereto as Exhibit E (the "Temporary Construction Easement Deed").

B. Open Escrow. Within ten (10) days of the Effective Date of this Agreement, Buyer shall open an escrow (the "Escrow") with FIRST AMERICAN TITLE COMPANY (the "Escrow Holder"), located at 1855 W. Redlands Blvd., Suite 100, Redlands, CA 92373, for the purpose of consummating the purchase and sale of the interests described in Section A, above ("Opening of Escrow") and shall deliver to Escrow Holder the fully executed Agreement (or Counterparts thereof). Escrow Holder shall provide escrow services for the transaction contemplated by this Agreement.

3 C. Purchase Price. The consideration for Seller's grant of the Easements shall be the onetime payment of four hundred two thousand four hundred forty-four dollars ($402,444) ("Purchase Price").

D. Submissions to Escrow. 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. 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 in writing otherwise.

1. Prior to the Close of Escrow Date, Buyer shall deposit into Escrow in good funds (i) all Escrow and Closing Costs as described herein; (ii) the purchase price to be paid to Seller through Escrow; (iii) such other documentation, if any, as are necessary to close Escrow in conformance herewith, including Certificates of Acceptance for each Easement to enable recording.

2. Prior to the Close of Escrow Date, Seller shall deposit into Escrow (i) the properly executed and notarized Powerline Easement Deed, Waterline Easement Deed, Roadway Easement Deed, Access and Maintenance Easement Deed and Temporary Construction Easement Deed, which forms are provided in Exhibits A-E, for conveyance of Seller’s interests in the Easements to Buyer; and (ii) such other documents, if any, as are necessary to close Escrow in conformance herewith.

E. Environmental Investigation. Prior to the Close of Escrow Date (as defined below), Buyer, at Buyer's sole expense may conduct a current survey of the District Site, and such environmental investigations of the Property as Buyer may deem appropriate. Buyer and Seller hereby acknowledge that in 2017 Buyer completed an Initial Study with Mitigated Negative Declaration and in 2020 Buyer completed an Addendum to the Initial Study/Mitigated Negative Declaration regarding the Project which included the District Site.

F. Seller Responsibilities. Seller shall make reasonable efforts to comply with Buyer's reasonable requests for documents pertaining to the Easements, subject to reasonable cost limitations.

G. Further Cooperation. Each Party shall execute and deliver to the Escrow Holder all instruments and documents reasonably required by the other party or the Escrow Holder to consummate the transaction contemplated by this Agreement.

H. Close of Escrow Date. The closing of Escrow shall be held at the Escrow Holder's office on a date and time mutually satisfactory to both Buyer and Seller (the "Close of Escrow Date"), on or before thirty (30) days following the execution of this Agreement.

I. Termination of PUA. As of the Close of Escrow Date, the PUA shall terminate and its terms shall cease to have any ongoing effect.

4 J. Title. Buyer acknowledges that it has already reviewed a preliminary title report associated with the District Site and has had sufficient time to review and revise such report, including to request modifications to the exceptions thereto, directly with the appropriate title company.

K. Conditions Precedent.

1. Buyer’s obligations to accept title to the Easements and pay the Purchase Price are subject to the condition that Seller shall timely perform all obligations required of Seller by the terms of this Agreement.

2. Seller's obligations to convey title to the Easements and accept the Purchase Price are subject to condition that Buyer shall timely perform all obligations required of Buyer by the terms of this Agreement.

L. No Broker. Seller represents and warrants to Buyer and Buyer represents and warrants to Seller that no broker or finder has been engaged by Seller or Buyer, respectively, in connection with the transaction contemplated by this Agreement. 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 the parties shall indemnify each other from such claims.

M. Escrow Costs. Buyer shall pay any and all: (i) escrow fees, (ii) recording fees, (iii) title insurance charges, (iv) reconveyance fees and all other costs and expenses incurred herein.

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 any recorded deed, pursuant to Government Code Section 27383.

N. Access to Bear Valley Road. Buyer represents that neither it nor any of the various grantees of the Easements referenced in Paragraph A above, are acquiring access rights along Bear Valley Road. Nor is Bear Valley Road being access controlled as part of this Project. Furthermore, Easements referenced above will not limit vehicle access in the form of driveways to Bear Valley Road in each Easement document attached to this Agreement and recorded in the County of San Bernardino. All approvals of access to Bear Valley Road in the future are subject to the conditions set by the City of Victorville.

O. Miscellaneous.

1. Amendment. The terms and provisions of this Agreement may only be modified or amended pursuant to a written instrument signed by all Parties hereto.

2. Successors and Assigns. This Agreement shall inure to and bind the successors and shall bind and inure to the benefit of the respective successors and assigns of the Parties to this Agreement.

5 3. Assignment. This Agreement may not be assigned in whole or in part by either party without the other party's prior written consent

4. Partial Invalidity. If any term, covenant, condition, or provision of this Agreement is found invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

5. Survival. Any obligation which accrues under this Agreement prior to the closing of Escrow or the termination of this Agreement shall survive the closing of Escrow or such termination.

6. Entire Agreement. This Agreement represents the entire agreement between the parties for the purchase and sale of the Easements, and supersedes all prior negotiations, representations or agreements, either oral or written.

7. Counterparts. This Agreement be executed in any number of counterparts, each of which when executed shall be deemed an original, but all of which together shall constitute one and the same instrument.

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

9. Notices. 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:

Victor Valley Community College District
Attn: Eric Vreeman and Estela Wansten
18422 Bear Valley Road
Victorville, CA 92395
[email protected]
[email protected]
Telephone: (760) 245-4271
BUYER:

Town of Apple Valley
Douglas B. Robertson, Town Manager
14955 Dale Evans Parkway
Apple Valley, CA 92307
[email protected]

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 ofsaid notice or other document in the United States Mail.

IN WITNESS WHEREOF, this Agreement is executed by the following individuals, who represent to the other party(ies) by their signatures below, that they are authorized to execute and bind the Buyer and Seller, respectively, to this Agreement. This Agreement shall be effective as ofthe Effective Date.

SELLER:

VICTOR V EY COMMUNITY COLLEGE DISTRICT
By:

Title:

Daniel Walden, Ph.D.

SUPERINTENDENT/PRESIDENT
Date:

Date ofGoverning Board Approval:

BUYER:

TOWN OF APPLE VALLEY
By :

Title: Town Manager
Date:

Date ofGoverning Board Approval:
%
6 3/11/2025

EXHIBIT “A” TO AGREEMENT
(Powerline Easement Deed)

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

SPACE ABOVE THIS LINE FOR RECORDER'S USE

GRANT OF EASEMENT
DOCUMENTARY TRANSFER TAX $_____________________ Serial No. 73241A Service Order: 801717268
Location: City of Victorville
A.P.N.: 0482-022-06
V&LM FILE: ACQ203557250
SCE Doc No.: 526473
__________ 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 11/15/2024
SCE LAW Approved: MR & RM
This Grant of Easement is made and entered into as of _____________________, 2025, by and between the Victor Valley Community College District (“Grantor”), and the Southern California Edison Company, a corporation (“Grantee”), each of which may also be identified individually herein as a “Party” or collectively as the “Parties.”
WHEREAS, the District is the owner of that real property located in the City of Victorville, County of San Bernardino, State of California, and identified by Assessor’s Parcel Number 0482-022-06 (the “Property”);
WHEREAS, the Grantee has requested this permanent, non-exclusive easement and right-of-way to construct, install, use, maintain, alter, repair, replace, inspect, and/or remove, at any time and from time to time Grantee’s Facilities as defined in Section 3 below in, under, on, over, along and across a portion of the Property;
WHEREAS, the District wishes to grant the requested permanent easement in, under, on, over, along and across that certain portion of the Property more particularly described in the legal description attached hereto as Exhibit “A” and depicted on the drawing attached hereto as Exhibit “B” (hereafter, the “Easement Area”) subject to the conditions set forth herein. A plan depicting the approximate approved location of Grantee’s initial installation of its Facilities is attached hereto as “Exhibit “C.” All Exhibits are incorporated into this easement as though completely set forth herein.

NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Grant of Easement. The Grantor hereby grants and conveys to the Grantee, a permanent, nonexclusive easement and right-of-way in, under, on, over, along and across the Easement Area for the purposes, and on the terms and conditions, set forth below (“Easement”). The Grantee’s employees, agents, representatives, contractors, subcontractors, consultants, and invitees are collectively referred to herein as “Grantee Affiliates.”

Grant of Easement
Victor Valley Community College District to
S.C.E. Co., a corp.

Serial No.: 73241A
V&LM File No.: ACQ203557250
-2-

2. Grantee’s Consent to Subsequent Easements. No other easement or easements shall be granted on, under or over said Easement Area by Grantor to any person, firm or corporation without the previous written consent of Grantee which consent will not be unreasonably withheld and shall be limited to grounds of safety concerns or operational compatibility.

3. Purpose and Use of Easement. The Easement granted herein is for the purpose of the right-of-way to construct, install, use, maintain, alter, repair, replace, inspect, and/or remove, at any time and from time to time electrical facilities lines, consisting of poles and towers made of various materials, high voltage poles, “H” frame structures, guy wires and anchors, crossarms, wires and other fixtures and appliances and communication circuits with necessary appurtenances both overhead and underground where the poles/towers/anchors are installed, for conveying electric energy to be used for light, heat, power, telephone and/or other purposes) (collectively, the “Facilities”) together with the right to construct roads within the Easement Area or use existing roads within said Easement Area as shall be necessary or convenient to Grantee's access to and use of the Easement Area, and the right to use all legal means of ingress to and egress from said Easement Area from the public highway most convenient thereto, for the uses and purposes and the exercising of the rights herein granted.

4. Grantee’s Right To Clear And Keep Clear.

Grantee and Grantee’s Affiliates shall have the right to clear and keep clear the Easement Area free from explosives, buildings, equipment, brush, trees, shrubs, weeds, trash, debris, combustible material and any and all other potentially dangerous hazards or obstructions of any kind which in the opinion of Grantee, may endanger the Facilities or any part thereof or unreasonably interfere with the exercise of the rights herein granted.

Grantee and Grantee’s Affiliates shall have the right to trim or remove any tree or shrub which in the opinion of Grantee, may endanger the Facilities or any part thereof.

5. Restrictions Against Grantor’s Future Use. Grantor shall keep the Easement Area free from explosives or other combustible or Hazardous Materials (as defined herein) or obstructions that may endanger the Facilities or any part thereof or unreasonably interfere with Grantee’s exercise of the rights herein granted. Grantor shall not construct, erect, or install any structures in the Easement Area. Grantor shall not install any fixtures or equipment in the Easement Area without the previous written consent of Grantee which consent will not be unreasonably withheld and shall be limited to ensuring that the fixtures or equipment does not endanger the Facilities or unreasonably interfere with operational compatibility. Grantor shall not park vehicles nor store goods or materials in the Easement Area

6. Grantor’s Reserved Use. . Grantor reserves the right to potentially install a standard commercial paved driveway, driveway approach and pedestrian walking paths within the hatched area described on Exhibit “C” (“Reserved Access Corridor”). Grantor shall submit engineered plans to Grantee for Grantee’s engineering consent prior to performing work within the Reserved Access Corridor.

Grantee’s engineering consent shall not be unreasonably conditioned, withheld, or delayed and shall be limited to ensuring that the work does not endanger the Facilities or unreasonably interfere with operational compatibility. Grantor may in addition seek from Grantee a future relocation of the Reserved Access Corridor. Such consent to a relocation of the Reserved Access Corridor shall not be

Grant of Easement
Victor Valley Community College District to
S.C.E. Co., a corp.

Serial No.: 73241A
V&LM File No.: ACQ203557250
-3-
unreasonably conditioned, withheld, or delayed and shall be limited to ensuring that the work does not endanger the Facilities or unreasonably interfere with operational compatibility.

7. Additional Conditions of the Grant of Easement.

The Easement is granted on the additional conditions agreed upon by and between Grantor and Grantee set forth below:
a. The Facilities and access thereto shall be confined to the Easement Area. b. The Grantee is not permitted to enlarge or increase the size of the Easement Area without the written consent of the Grantor.
c. Grantor has approved the location of Grantee’s Facilities as depicted on Exhibit “C.” d. Grantee shall provide Grantor with detailed plans for review and approval of any material alteration, addition, replacement, or removal of Grantee’s Facilities (inclusive of any excavation) prior to performing such work. Such review and approval shall be limited to ensuring that the work does not unreasonably interfere with Grantor’s pedestrian and vehicular access as reserved in Section 6.
e. Grantee shall further provide forty-eight (48) hours advance notification prior to performing any construction or excavation work on its Facilities. Such notification shall not be required in the event of an emergency that is life threatening or may result in damage to Grantee’s system or adjacent property or for discrete inspection or maintenance related work that does not result in an outage or the removal or installation of a pole (e.g., clearing vegetation or debris from a line or washing insulators). f. Grantee will construct and maintain the Facilities in a safe manner and in accordance with applicable law including applicable General Orders of the Public Utilities Commission. g. Grantee and Grantee’s Affiliates shall not create or contribute to a dangerous or hazardous condition on the Easement Area, including but not limited to, causing or contributing to, the presence or release of Hazardous Materials (as defined herein) on the Easement Area. h. Grantee at its sole cost and expense will repair any damage to the Property or the Easement Area that arises from its use of the Easement Area. i. All costs of operation and maintenance of the Facilities and Grantee’s access to the same shall be borne by Grantee.
j. Unless otherwise agreed to in writing by the Grantor, upon the termination of this Easement by mutual agreement, Grantee, at its sole cost and expense, shall promptly restore the Easement Area to substantially the same condition as existed before the recording of this Easement to the extent feasible, including restoration to finished grade conditions and surface elevations consistent with the existing grading and surface elevations of the area immediately adjacent to the Easement Area. Grantee, at its sole cost

Grant of Easement
Victor Valley Community College District to
S.C.E. Co., a corp.

Serial No.: 73241A
V&LM File No.: ACQ203557250
-4-
and expense, shall promptly remove all trash, rubbish, debris, waste, and ensure appropriate disposal of same.
k. Grantor agrees to inform any potential purchasers or lessors of the Property about this Easement.

8. Term. This Easement Deed shall become effective upon recordation and shall continue in full force and effect in perpetuity, unless otherwise terminated by agreement of Grantor and Grantee.

9. Easement As-Is. The Easement Area is conveyed by the Grantor to the Grantee, and the Grantee hereby agrees that this Easement permitting use of the Easement Area is conveyed to the Grantee, AS IS, WHERE IS, and WITH ALL FAULTS, and that the GRANTOR MAKES NO

REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED (INCLUDING THOSE IMPLIED BY THE TERMS “GRANT,” “CONVEY,” OR “DEED,” OR

THOSE IMPLIED BY ANY OTHER TERM HEREIN), OR ARISING BY OPERATION OF LAW

WITH RESPECT TO THE TITLE, MAINTENANCE, REPAIR OR CONDITION OF THE EASEMENT AREA, INCLUDING, WITHOUT LIMITATION: (i) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF HABITABILITY; (iii) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iv) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO STATUTES, CODES, REGULATIONS, DRAWINGS, PLANS OR SPECIFICATIONS; (v)

ANY IMPLIED OR EXPRESS WARRANTY OF PRIORITY OVER ANY DEEDS OF TRUST,

GROUND LEASES OR OTHER ENCUMBRANCES (INCLUDING, WITHOUT LIMITATION ,

CLAIMS BY THIRD PARTIES OF RIGHTS TO A PRESCRIPTIVE EASEMENT IN THE EASEMENT AREA); AND (vi) ANY CLAIM FOR DAMAGES BECAUSE OF DEFECTS,

WHETHER LATENT OR PATENT, KNOWN OR UNKNOWN, WITH RESPECT TO THE

EASEMENT AREA, IT BEING THE EXPRESS INTENTION OF THE PARTIES THAT THE

EASEMENT AREA BE CONVEYED TO, AND ACCEPTED BY, GRANTEE IN ITS PRESENT CONDITION AND STATE OF REPAIR.

10. Indemnification: Grantee agrees to save harmless and indemnify Grantor, its successors and assigns and its and their officers, agents and employees (collectively, “Grantor’s Related Parties”), from and against all claims, demands, loss, damage, actions, causes of action, expense and/or liability (excepting consequential damages) (collectively, “Claims”), actually incurred by Grantor and/or Grantor’s Related Parties and which are directly caused by Grantee’s exercise of the rights granted pursuant to this Easement, except to the extent that such Claims (i) arise prior to the recording of this Easement, or (ii) are attributable to the negligence or willful misconduct, error or omission of Grantor or Grantor’s Related Parties.

11. Successors and Assigns. Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to another public utility company, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights granted herein.

12. Breach, Restoration, and Remedies.

Grant of Easement
Victor Valley Community College District to
S.C.E. Co., a corp.

Serial No.: 73241A
V&LM File No.: ACQ203557250
-5-
a. Injunctive and Other Relief: The Parties further intend that, should any Party undertake, or cause to be undertaken, any activity in violation of this Easement, or refuse after reasonable notice from the other Party to stop any activity in violation of this Easement, then the other Party will have the right to obtain injunctive relief or writs from courts of competent jurisdiction in the County of San Bernardino, State of California, to stop any prohibited activity. The Parties will have the right to seek temporary restraining orders, preliminary injunctions, and similar provisional, equitable relief in a court of competent jurisdiction, provided that the Party seeking such relief has: (i) determined in good faith that the breach or threatened breach requires such immediate relief; and (ii) given the other Party notice and an opportunity to cure such breach or threatened breach.
b. Delay in Enforcement: Enforcement of the terms and provisions of this Easement will be at the discretion of the Grantor or the Grantee. Any forbearance on behalf of the Grantor or the Grantee to exercise its rights hereunder in the event of any breach by the other Party or its respective assigns or successors will not be deemed or construed to be a waiver of that Party's rights hereunder in the event of any subsequent breach.

13. Liens. The Grantee will ensure that no lien is placed upon the Easement Area or the Property as a result of Grantee’s conduct. If such a lien is placed upon the Easement Area or the Property, the Grantee will immediately cause it to be removed at the Grantee’s sole cost and expense.

14. Miscellaneous.
a. No Third-Party Beneficiaries: The Parties agree that no governmental agency, person, or entity other than the Parties themselves will have the right to enforce any of the terms or provisions of this Easement, it being intended that there be no third-party beneficiaries of this Easement.
b. Governing Law: This Easement will be governed by and construed in accordance with California law.
c. Entire Agreement: This Easement sets forth the entire agreement and understanding between the Parties with respect to the subject matter of this Easement. d. Notices: All notices, requests, demands, or other communications under this Easement will be in writing and notice will be sufficiently given for all purposes when provided as follows:
i. Personal Delivery: When personally delivered to the recipient, notice is effective upon delivery;
ii. First Class Mail: When mailed first class to the last address of the recipient known to the Party giving notice: notice is effective after three (3) mail delivery days of being deposited in a United States Postal Service office or mailbox; iii. Certified Mail: When mailed by certified mail, with return receipt requested: notice is effective upon receipt, if delivery is confirmed by a return receipt;

Grant of Easement
Victor Valley Community College District to
S.C.E. Co., a corp.

Serial No.: 73241A
V&LM File No.: ACQ203557250
-6-
iv. Overnight Delivery: When delivered by an overnight delivery service, with charges prepaid or charged to sender's account: notice is effective upon delivery, if delivery is confirmed by the delivery service; or
In all cases where notice is required a courtesy email notice will also be provided to the individuals identified below.

In the case of notifications to the Parties, addresses for purpose of giving notice hereunder are as follows:

Victor Valley Community College District
Attn: Eric Vreeman,
Vice President, Administrative Services
Telephone: (760) 245-4271
[email protected]
Estela Wansten,
Administrative Secretary II, Facilities Construction & Administrative Services [email protected]
18422 Bear Valley Road
Victorville, California 92395
Southern California Edison Company
Attn: Land Management
2 Innovation Way, 2nd Floor
Pomona, California 91768
[email protected]
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the Party to be notified will be deemed effective as of the first date the notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service. Each Party must provide advance written notice to the other of any change to its contact information (i.e., address, telephone number, or email address). e. Modification; Severability; Waiver; Survival: This Easement may not be modified or altered except in writing and signed by both Parties. If any part of this Easement is found to be in conflict with applicable laws or regulations, that part will be inoperative, null, and void insofar as it is in conflict; however, the remainder of the Easement will remain in full force and effect. The failure by one Party to enforce or require the other Party's full compliance with the terms and provisions of this Easement will not constitute a waiver of its right to do so in the future, nor will it release the other party from its responsibilities under this Easement.

A Party's consent to or approval of any act by the other Party, which act requires the first Party's consent or approval, will not be construed to waive or render unnecessary the first Party's consent to or approval of subsequent acts. A waiver of rights under this Easement will only be valid if it is clearly set forth in writing. The covenants, agreements and indemnities of the parties set forth in this Easement shall survive any termination of this Easement.

Grant of Easement
Victor Valley Community College District to
S.C.E. Co., a corp.

Serial No.: 73241A
V&LM File No.: ACQ203557250
-7-
f. No Fee Interest Transferred: Nothing in this Easement shall be construed as transferring any fee interest in the Easement Area or the Property to the Grantee.

IN WITNESS WHEREOF, the Parties have executed this Easement on the dates set forth below, but this Easement is effective as of the date of recordation in the Official Records of San Bernardino County, California.

VICTOR VALLEY COMMUNITY

COLLEGE DISTRICT
By: _________________________________
Name: _______________________________
Title: ________________________________

SOUTHERN CALIFORNIA EDISON,
a corporation
By: _________________________________
Name: _______________________________
Title: ________________________________
ATTEST:

By: _________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
APPROVED AS TO FORM:

By: _________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________

Grant of Easement
Victor Valley Community College District to
S.C.E. Co., a corp.

Serial No.: 73241A
V&LM File No.: ACQ203557250
-8-
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.

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 _______________________________

Grant of Easement
Victor Valley Community College District to
S.C.E. Co., a corp.

Serial No.: 73241A
V&LM File No.: ACQ203557250
-9-
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.

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 _______________________________

Exhibit “A” to Grant of Easement (Powerline)
(Legal Description of Easement Area)

EXHIBIT "A"

LEGAL DESCRIPTION
SERIAL NO. 73241A
APN: 0482-022-06

OVERHEAD TRANSMISSION EASEMENT
THAT PORTION OF THE WEST 1/2 OF SECTION 36, TOWNSHIP 5 NORTH, RANGE 4

WEST, SAN BERNARDINO 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, AS DESCRIBED IN THAT DEED RECORDED SEPTEMBER 27, 1962 IN BOOK 5775, PAGE 258, OFFICIAL RECORDS OF SAID COUNTY, SAID PORTION IS DESCRIBED AS FOLLOWS:

PARCEL A
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36 AS ESTABLISHED BY TRACT NO. 8032, MAP BOOK 108, PAGES 1 THROUGH 13, INCLUSIVELY;
THENCE NORTH 89°09'11" EAST ALONG THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 436.56 FEET;
THENCE NORTH 00°50'49" WEST, A DISTANCE OF 15.00 FEET TO A POINT 15.00 FEET

NORTHERLY OF THE SOUTH LINE OF SAID SECTION AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 00°50'49" WEST, A DISTANCE OF 17.00 FEET TO A POINT 32.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION;
THENCE SOUTH 89°09'11" WEST PARALLEL WITH AND 32.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 97.19 FEET; THENCE SOUTH 00°50'49" EAST, A DISTANCE OF 17.00 FEET TO A POINT 15 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION;
THENCE NORTH 89°09'11" EAST PARALLEL WITH AND 15.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 97.19 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING 1,652 SQUARE FEET (0.04 ACRES), MORE OR LESS.

PAGE 1 OF 3
WO# 801717268 - NOT# 203557250

SERIAL NO. 73241A

PARCEL B
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36;
THENCE NORTH 89°09'11" EAST, A DISTANCE OF 584.45 FEET ALONG THE SOUTH LINE OF SAID SECTION; THENCE NORTH 00050'49" WEST, A DISTANCE OF 32.00 FEET TO A POINT 32.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION AND THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89°09'11" WEST PARALLEL WITH AND 32.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 60.41 FEET TO THE EASTERLY LINE OF THE TRAPEZIUM SHAPED PARCEL OF PARCEL 2 AS DESCRIBED IN THAT DEED TO THE COUNTY OF SAN BERNARDINO, RECORDED MAY 31, 1961 IN BOOK 5444, PAGE 71 OF OFFICIAL RECORDS OF SAID COUNTY;
THENCE NORTH 20°30'19" WEST ALONG SAID EASTERLY LINE OF SAID PARCEL 2, A DISTANCE OF 24.42 FEET TO A POINT 55.00 FEET NORTHERLY OF SAID SECTION LINE;
THENCE NORTH 89°09'11" EAST PARALLEL WITH AND 55.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 23.77 FEET; THENCE SOUTH 00°50'52" EAST, A DISTANCE OF 12.00 FEET TO A POINT 43.00 FEET NORTHERLY OF SAID SECTION LINE;
THENCE NORTH 89°09'11" EAST PARALLEL WITH AND 43.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 44.85 FEET; THENCE SOUTH 00°50'49" EAST, A DISTANCE OF 11.00 FEET TO A POINT 15.00 FEET NORTHERLY OF SAID SECTION LINE AND THE TRUE POINT OF BEGINNING.

CONTAINING 946 SQUARE FEET (0.02) ACRES, MORE OR LESS.

PARCEL C
LYING WITHIN A STRIP OF LAND, 25 FEET WIDE, THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36;
THENCE NORTH 89°09'11" EAST, A DISTANCE OF 584.45 FEET ALONG THE SOUTH LINE OF SAID SECTION;
THENCE NORTH 00°50'49" WEST, A DISTANCE OF 30.50 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 89°09'11" EAST, A DISTANCE OF 500.34 FEET; PAGE 2 OF 3
WO# 801717268 - NOT# 203557250

SERIAL NO. 73241A
THENCE NORTH 65°40'58" EAST, A DISTANCE OF 141.69 FEET; THENCE SOUTH 89°49'05" EAST, A DISTANCE OF 505.33 FEET TO A POINT ON EASTERLY LINE OF SAID DEED RECORDED IN BOOK 5775, PAGE 258, OF OFFICIAL RECORDS.

THE SIDELINES OF THE ABOVE DESCRIBED STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON LAST SAID EASTERLY LINE.

EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE SOUTHERLY

24.00 FEET OF SAID SECTION.

CONTAINING 25,625 SQUARE FEET (0.59 ACRES), MORE OR LESS.

SEE EXHIBIT "Jr ATTACHED HERETO AND MADE APART HEREOF.

THIS DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF LAND IN

VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA LUDWIG ENGINEERING ASSOCIATES, INC.

PREPARED BY ME OR UNDER MY SUPERVISION
8-30-22
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PAGE 3 OF 3
WO# 801717268 - NOT# 203557250

Exhibit “B” to Grant of Easement (Powerline)
(Diagram of Easement Area)

Sheet 12of
SERIAL NO73241A
APN: 0482-022-06

NORTHERLY LINE
OF DEED, PARCEL 2
OF BOOK 5444.

PAGE 71 O.R.

BOOK 5775
PARCEL
N89° 09' 11"E

C/L FISH HATCHERY ROAD
( 0482-022-06 ) SOO° 50' 52"E 12.00'
PAGE 258, O.R. N89° 09 11"E 23.77'
N20° 30' 19"W 24.42'
NOO° 50' 49"W 17.00'

A OVERHEAD TRANSMISSION EASEMENT
(1,652 SQUARE FEET±) (0.04 ACRES±) _
589' 09' 11"W 97.19'
SOO° 50' 49"E 17.00'
436.56' N89°09' 11"E 97,191

PARCEL B OVERHEAD

TRANSMISSION

EASEMENT
(946 SQUARE FEET±)
(0,02 ACRES±)
N89° 09' 11"E

44.85'
SOO° 50' 49"E

11.00'
T.P.O.B.

PARCEL C
SW CORNER SEC. 36
P.O.C. \—
N89° 09' 11"E 584.45'
NOT 50' 49"W 15.00'
T.P.O.B. PARCEL A
SOUTH LINE OF SECTION 36
(BASIS OF BEARINGS M.B.108/1-13)

BEAR VALLEY ROAD

THAT PORTION OF THE
0399-144-14
WEST 1/2 OF SECTION 36.

OF SAN BERNARDINO.

STATE OF CALIFORNIA.

ACCORDING TOHE

OFFICIAL PLAT OF SAID

LAND APPROVED BYTHE

SURVEYOR GENERAL
MARCH 19,856, AS

DEEDSCRIBED INTHAT
( 0399-011-17 )
258. OFFICIAL RECORDS OF

SAID COUNTY
80160'
111111
SEEHET 2FOR PACEL C

PARCEL A

1.111•1•1•111MI
'N

PARCEL B
89° 09' 11"W

60.41'
T.P.O.B. PARCEL B
NOO° 50' 49"W 3200'.

CNORTHERLY LINE
OF DEED, PARCEL 2
OF BOOK 5444,
PAGE 71 O.R.
r(079-011-67 )
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9C'03S J3N1?:100 MS-1CIV02:1 A311VA HV3EI

24.0'
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EXHIBIT "B"
SERIAL NO. 73241A
APN: 0482-022-06 THAT PORTION OF THE WEST 4 OF
SECTION 36, TOWNSHIP 5 NORTH,
RANGE 4 WEST, SAN BERNARDINO

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,

AS DESCRIBED IN THAT DEED
RECORDED SEPTEMBER 27, 1962 IN
BOOK 5775, PAGE 258, OFFICIAL

RECORDS OF SAID COUNTY

LEGEND AND ABBREVIATIONS
(APN)

APN -ASSESSOR'S PARCEL NUMBER

C/L -CENTERLINE
O.R. -OFFICIAL RECORDS
T.P.O.B. -TRUE POINT OF BEGINNING

SW -SOUTHWEST
c_OF PARCEL C
200' 400'
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8-30-22

Exhibit “C” to Grant of Easement (Powerline)
(Reserved Access Corridor)

(TWO SEPARATE AREAS SIZED +/-

28.0' WIDE BY +/- 134.0' LONG)

EXHIBIT “B” TO AGREEMENT
(Waterline Easement Deed)

1 WATER PIPELINE EASEMENT DEED
This Water Pipeline Easement Deed (“Easement Deed”) is made and entered into as of _____________, 2025, by and between the Victor Valley Community College District (“Grantor”), and the San Bernardino County Service Area 64 (“Grantee”), each of which may also be identified individually herein as a “Party” or collectively as the “Parties.” WHEREAS, the Grantor is the owner of that real property located in the City of Victorville, County of San Bernardino, State of California, and commonly identified by Assessor’s Parcel Number 0482-022-06 (the “Property”);
WHEREAS, the Grantee has requested a permanent, non-exclusive water pipeline easement and right-of-way to install, construct, survey, reconstruct, remove and replace, operate, maintain, repair and improve a twelve (12) inch underground pipeline together with all necessary devices, equipment, and appurtenances thereto (including air valve assemblies, vacuum valve assemblies, and blow off assemblies) for public water supply and distribution purposes.

WHEREAS, the Grantor wishes to grant the requested permanent, non-exclusive water pipeline easement and right of way in, on, over, under, along and across that certain portion of the Property more particularly described in the legal description attached hereto as Exhibit “A” and depicted on the drawing attached hereto as Exhibit “B” (hereafter, the “Easement Area”) subject to the conditions set forth herein. All Exhibits are incorporated into this Easement Deed as though completely set forth herein.

NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Grant of Water Pipeline Easement. The Grantor hereby grants and conveys to the Grantee, a permanent, non-exclusive water pipeline easement and ten (10) foot right-ofway in, on, over, under, along and across the Easement Area totaling 6,993 sq. ft. / 0.161 acres (“Water Pipeline Easement”) for the purposes, and on the terms and conditions, set forth below. The Grantee and its employees, agents, representatives, contractors, subcontractors, and consultants, are collectively referred to herein as “Grantee Affiliates.”

2. Purpose and Use of Water Pipeline Easement. The Water Pipeline Easement granted herein is a permanent, non-exclusive water pipeline easement for the purpose of the rightof-way to install, construct, survey, reconstruct, remove and replace, operate, maintain, repair and improve a twelve (12) inch underground pipeline together with all necessary devices, equipment, and appurtenances (including air valve assemblies, vacuum valve assemblies, and blow off assemblies)for public water supply and distribution purposes(“Water Pipelines”).

3. Conditions of the Grant of Water Pipeline Easement.

The Water Pipeline Easement is granted on the conditions set forth in this agreement between the Grantor and Grantee, including, but not limited to the following conditions:

2 a. The Water Pipelines and every part thereof shall be confined to the Easement Area.

The Grantee is not permitted to enlarge or increase the size of the Easement Area without the written consent of the Grantor, which shall not be unreasonably withheld.
b. The Water Pipelines and every part thereof shall be underground except that there will be two above ground features, an air and vacuum valve assembly and a blow off assembly (“Above Ground Features”), that will be installed in locations designated in Exhibit “C” attached hereto. Grantee is not permitted to modify the size or location of these Above Ground Features or add additional above ground features without the permission of the Grantor, which permission shall not be unreasonably withheld.
c. Subject to the terms of this Easement Deed, Grantor will have full use of, and access to, the surface area located within the Easement Area except as follows:
i. The area physically occupied by the Above Ground Features. ii. The only surface level improvements that can be made by Grantor within the Easement Area are concrete/asphalt flat surfaces such as roadways, driveways or landscaping strips. All improvements within the Easement Area require Grantee’s prior written consent which consent shall not be unreasonably withheld and shall be limited to ensuring that the improvements do not endanger the Water Pipelines, including the Above Ground Features, and do not unreasonably interfere with operational compatibility
d. Subject to the terms of this Easement Deed, Grantor will have full use of, and access to, the ground below under the Easement Area except as follows:
i. The area physically occupied by the Water Pipelines. ii. No improvements may be constructed within five (5) feet of the Water Pipelines (excluding the Above Ground Features that are part of the Water Pipelines which are already addressed in section 3 (c)(ii) above.).

Grantee’s installation of the Water Pipelines will be constructed with five (5) feet of ground cover (i.e. distance between ground surface and top of Water Pipelines as shown on the construction plans for the Pipelines, attached hereto as Exhibit “C”.) These distances cannot be modified without the permission of both Parties, which permission shall not be unreasonably withheld.
iii. Grantor shall provide not less than 48 hours prior written notice for any Grantor use that involves digging into the ground below the Easement Area.

3 e. No use or improvement by Grantor can unreasonably interfere with or endanger, in the opinion of Grantee, the operation or maintenance of its Water Pipelines or any part thereof, or Grantee’s ready access to its Water Pipelines, or any of the rights herein granted to Grantee.
f. Grantee and Grantee’s Affiliates will install the Water Pipelines in a good and workmanlike manner and in compliance with all applicable laws. g. Grantee and Grantee’s Affiliates’ use of the Water Pipeline Easement includes the right to enter the Easement Area, through the primary access point off Bear Valley Road, as identified in Exhibit “D”.
h. Grantor shall keep the Easement Area free from explosives, combustible material and any and all other hazards or obstructions of any kind that may endanger the Water Pipelines or any part thereof or interfere with the exercise of the rights herein granted.
i. Grantor agrees to inform any potential purchasers or lessors of the Property about this Water Pipeline Easement.
j. All costs of operation and maintenance of the Water Pipelines shall be borne by Grantee unless such costs are caused by Grantor or its employees, contractors, or agents.
k. Grantee and Grantee’s Affiliates shall not create or contribute to a dangerous or hazardous condition or a nuisance or commit a waste on the Easement Area or permit such condition to exist after receiving notice of the same from Grantor.

4. Grantor’s Reserved Use. Subject to the terms of this Easement Deed, Grantor reserves the right to potentially install a standard commercial paved driveway, driveway approach and pedestrian walking paths within the hatched area described on Exhibit “E” (“Reserved Access Corridor”). Grantor shall submit detailed engineered plans, including (but not limited to) the proposed construction materials, to Grantee for Grantee’s engineering consent prior to performing work within the Reserved Access Corridor. Grantee’s engineering consent shall not be unreasonably conditioned, withheld, or delayed and shall be limited to ensuring that the work does not endanger the Water Pipelines, does not require that the Water Pipelines or the Above Ground Features or any portion thereof be relocated, or does not unreasonably interfere with operational compatibility. Grantor may in addition seek from Grantee a future relocation of the Reserved Access Corridor, subject to Grantee’s prior written consent. Such consent to a relocation of the Reserved Access Corridor shall not be unreasonably conditioned, withheld, or delayed and shall be limited to ensuring that the work does not endanger the Water Pipelines, does not require that the Water Pipelines or the Above Ground Features or any portion thereof be relocated or does not unreasonably interfere with operational compatibility. Grantor shall provide forty-eight (48) hours advance notification prior to performing any construction or excavation work for said driveway, driveway approach, and pedestrian walking paths.

4 5. Term. This Easement Deed shall become effective upon recordation and shall continue in full force and effect in perpetuity, unless otherwise terminated in accordance with this Easement Deed.

6. Easement As-Is. The Easement Area is conveyed by the Grantor to the Grantee, and the Grantee hereby agrees that this Water Pipeline Easement permitting use of the Easement Area is conveyed to the Grantee, AS IS, WHERE IS, and WITH ALL FAULTS, and that the GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES

WHATSOEVER, EXPRESS OR IMPLIED (INCLUDING THOSE IMPLIED BY THE TERMS “GRANT,” “CONVEY,” OR “DEED,” OR THOSE IMPLIED BY ANY OTHER

TERM HEREIN), OR ARISING BY OPERATION OF LAW WITH RESPECT TO THE

TITLE, MAINTENANCE, REPAIR OR CONDITION OF THE EASEMENT AREA, INCLUDING, WITHOUT LIMITATION: (i) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF HABITABILITY; (iii) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iv) ANY IMPLIED OR EXPRESS

WARRANTY OF CONFORMITY TO STATUTES, CODES, REGULATIONS, DRAWINGS, PLANS OR SPECIFICATIONS; (v) ANY IMPLIED OR EXPRESS

WARRANTY OF PRIORITY OVER ANY DEEDS OF TRUST, GROUND LEASES OR

OTHER ENCUMBRANCES (INCLUDING, WITHOUT LIMITATION , CLAIMS BY

THIRD PARTIES OF RIGHTS TO A PRESCRIPTIVE EASEMENT IN THE EASEMENT AREA); AND (vi) ANY CLAIM FOR DAMAGES BECAUSE OF

DEFECTS, WHETHER LATENT OR PATENT, KNOWN OR UNKNOWN, WITH

RESPECT TO THE EASEMENT AREA, IT BEING THE EXPRESS INTENTION OF

THE PARTIES THAT THE EASEMENT AREA BE CONVEYED TO, AND

ACCEPTED BY, GRANTEE IN ITS PRESENT CONDITION AND STATE OF REPAIR.

7. Construction and Maintenance. All work performed in the Easement Area and any structures or improvements constructed thereon or therein, including, but not limited to the Water Pipelines must comply with applicable federal and state statutes, codes, standards and regulations and local laws, codes, ordinances, standards and regulations and comply with industry standards and best construction practices. Grantee and Grantee’s Affiliates shall perform any construction, operation and maintenance of the Water Pipelines in a good and workmanlike manner. Grantee and Grantee’s Affiliates will, at its sole cost and expense, maintain the Water Pipelines , and every aspect thereof, in good condition and repair at all times, reasonable wear and tear and damage caused by casualty or Grantor or its employees, contractor, and agents excepted.

Grantee and Grantee’s Affiliates shall maintain the Easement Area in substantially the same condition as existed before this Easement Deed, reasonable wear and tear and damage caused by casualty or Grantor excepted. Grantee shall maintain the Easement Area to be clear and free from any trash, rubbish, brush, debris, waste, weeds, and any Hazardous Materials as defined herein brought onto or generated by Grantee or Grantee’s Affiliates at the Easement Area.

5 Grantee at its sole cost and expense will repair any damage to the Easement Area that arises from its use of the Easement Area or Grantee’s Affiliates use of the Easement Area to substantially the same condition as existed immediately prior to such damage, reasonable wear and tear and damage caused by casualty or Grantor or its employees, contractor, and agents excepted.

Unless otherwise agreed to in writing by the Grantor, upon the termination of this Easement Deed, if any, Grantee, at its sole cost and expense, shall promptly restore the Easement Area to substantially the same condition as existed before the Easement Deed to the extent feasible, reasonable wear and tear and damage caused by casualty or Grantor or its employees, contractor, and agents excepted. Grantee, at its sole cost and expense, shall promptly remove all trash, rubbish, debris, waste in the Easement Area resulting from Grantee’s use, and ensure appropriate disposal of same.

Grantee shall provide Grantor with detailed engineering plans for review and approval of any material alteration, addition, replacement, or removal of Grantee’s Water Pipelines (inclusive of any excavation) prior to performing such work. Such engineering review and approval shall be limited to ensuring that the work does not unreasonably interfere with Grantor’s pedestrian and vehicular access as reserved above.

Grantee shall further provide forty-eight (48) hours advance notification prior to performing any construction or excavation work on its Water Pipelines. Such notification shall not be required in the event of an emergency that is life threatening or may result in damage to Grantee’s Water Pipelines or adjacent property or for discrete inspection or maintenance related work that does not create a public safety risk or require excavation, heavy equipment, traffic barricades or obstructions to vehicular or pedestrian travel through the Easement Area.

8. Third Party Indemnity.
a. Grantee agrees to save harmless and indemnify Grantor, its successors and assigns and its and their officers, agents and employees (collectively, “Grantor’s Related Parties”), from and against all third-party claims, demands, loss, damage, actions, causes of action, expense and/or liability (excepting consequential damages) (collectively, “Claims”), actually incurred by Grantor and/or Grantor’s Related Parties and which are directly caused by Grantee’s negligence or intentional misconduct in its exercise of the rights granted pursuant to this Easement, except to the extent that such Claims (i) arise prior to the recording of this Easement, or (ii) are attributable to the negligence or willful misconduct, error or omission of Grantor or Grantor’s Related Parties.
b. Grantor agrees to save harmless and indemnify Grantee, its successors and assigns and its and their officers, agents and employees (collectively, “Grantee’s Related Parties”), from and against all third-party claims, demands, loss, damage, actions, causes of action, expense and/or liability (excepting consequential damages) (collectively, “Claims”), actually incurred by Grantee and/or Grantee’s Related Parties and which are directly caused by Grantor’s negligence or intentional

6 misconduct in its exercise of the rights for the Reserve Access Corridor granted pursuant to Paragraph 4 of this Easement, except to the extent that such Claims are attributable to the negligence or willful misconduct, error or omission of Grantee or Grantee’s Related Parties.

9. Insurance. The Grantee agrees to comply with the following insurance requirements.

Grantee is an authorized self-insured public entity for purposes of Professional Liability, General Liability, Automobile Liability, Worker’s Compensation, and Property Damage and warrants that through its program of self-insurance, has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement.

10. Successors and Assigns. The Easement Deed will be binding on the Parties and their respective successors and assigns.

11. Breach, Restoration, and Remedies.
a. Injunctive and Other Relief: The Parties further intend that, should any Party undertake, or cause to be undertaken, any activity in violation of this Easement Deed and refuse after reasonable notice from the other Party to stop any activity in violation of this Easement Deed, then the other Party will have the right to obtain injunctive relief or writs from courts of competent jurisdiction in the County of San Bernardino, State of California, to stop any prohibited activity. The Parties will have the right to seek temporary restraining orders, preliminary injunctions, and similar provisional, equitable relief in a court of competent jurisdiction, provided that the Party seeking such relief has given the other Party notice and an opportunity to cure such breach or threatened breach.
b. Delay in Enforcement: Enforcement of the terms and provisions of this Easement Deed will be at the discretion of the Grantor or the Grantee. Any forbearance on behalf of the Grantor or the Grantee to exercise its rights hereunder in the event of any breach by the other Party or its respective assigns or successors will not be deemed or construed to be a waiver of that Party's rights hereunder in the event of any subsequent breach.

12. Liens. The Grantee will ensure that no lien is placed upon the Easement Area or the Property. If such a lien is placed upon the Easement Area or the Property and are caused by the Grantee, Grantor shall provide written notice to Grantee and the Grantee will promptly cause it to be removed at the Grantee’s sole cost and expense.

13. Miscellaneous.
a. No Third-Party Beneficiaries: The Parties agree that no governmental agency, person, or entity other than the Parties themselves will have the right to enforce any of the terms or provisions of this Easement Deed, it being intended that there be no third-party beneficiaries of this Easement Deed.

7 b. Governing Law: This Easement Deed will be governed by and construed in accordance with California law.
c. Entire Agreement: This Easement Deed sets forth the entire agreement and understanding between the Parties with respect to the subject matter of this Easement Deed.
d. Notices: All notices, requests, demands, or other communications under this Easement Deed will be in writing and notice will be sufficiently given for all purposes when provided as follows:
i. Personal Delivery: When personally delivered to the recipient, notice is effective upon delivery;
ii. First Class Mail: When mailed first class to the address of the recipient set forth below or as updated by a party: notice is effective after three (3) mail delivery days of being deposited in a United States Postal Service office or mailbox;
iii. Certified Mail: When mailed by certified U.S. mail, with return receipt requested: notice is effective upon receipt, if delivery is confirmed by a return receipt;
iv. Overnight Delivery: When delivered by an overnight delivery service, with charges prepaid or charged to sender's account: notice is effective upon delivery, if delivery is confirmed by the delivery service; or In all cases where notice is required a courtesy email notice will also be provided to the individuals identified below, which email shall not affect the effective date of delivery or refusal thereof.

In the case of notifications to the Parties, addresses for purpose of giving notice hereunder are as follows:

To Grantor:

Victor Valley Community College District
Attn: Eric Vreeman, Vice President, Administrative Services 18422 Bear Valley Road
Victorville, California 92395
Telephone: (760) 245-4271
Courtesy copy by email: to: [email protected]
and

8 Victor Valley Community College District
Attn: Estela Wansten, Administrative Secretary II, Facilities Construction & Administrative Services
18422 Bear Valley Road
Victorville, California 92395
Courtesy copy by email to: [email protected]
To Grantee:

San Bernardino County Service Area 64
c/o Department of Public Works
Attn: Water and Sanitation Division Manager
222 West Hospitality Lane
San Bernardino, California 92415
Courtesy copy by email to: [email protected]
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the Party to be notified will be deemed effective as of the first date the notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service. Each Party must provide advance written notice to the other of any change to its contact information (i.e., address, telephone number, or email address).
e. Modification; Severability; Waiver; Survival: This Easement Deed may not be modified or altered except in writing and signed by both Parties. If any part of this Easement Deed is found to be in conflict with applicable laws or regulations, that part will be inoperative, null, and void insofar as it is in conflict; however, the remainder of the Easement Deed will remain in full force and effect. The failure by one Party to enforce or require the other Party's full compliance with the terms and provisions of this Easement Deed will not constitute a waiver of its right to do so in the future, nor will it release the other party from its responsibilities under this Easement Deed. A Party's consent to or approval of any act by the other Party, which act requires the first Party's consent or approval, will not be construed to waive or render unnecessary the first Party's consent to or approval of subsequent acts. A waiver of rights under this Easement Deed will only be valid if it is clearly set forth in writing. The covenants, agreements and indemnities of the parties set forth in this Easement Deed shall survive any termination of this Easement Deed. f. No Fee Interest Transferred: Nothing in this Easement Deed shall be construed as transferring any fee interest in the Easement Area or the Property to the Grantee.

IN WITNESS WHEREOF, the Parties have executed this Easement Deed on the dates set forth below, but this Easement Deed is effective as of the date identified herein. [END OF PAGE – SIGNATURE PAGE FOLLOWS]

9 VICTOR VALLEY COMMUNITY COLLEGE DISTRICT
By:

Name:

Title:

Date:

SAN BERNARDINO COUNTY SERVICE AREA 64
By:

Name:

Title:

Date:

ATTEST:

By:

Name:

Title:

Date:

APPROVED AS TO FORM:

By:

Name:

Title:

Date:
1210-102/7171634.1

ALL CAPACITY ACKNOWLEDGMENT
Rev. 01/01/2015
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.

STATE OF

COUNTY OF
On before me, , (Date) (Name and title of the officer)

personally appeared _______________________________________________________ _ , (Name of person signing) 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 of officer
(Seal)

CALIFORNIA SAN BERNARDINO

ALL CAPACITY ACKNOWLEDGMENT
Rev. 01/01/2015
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.

STATE OF

COUNTY OF
On before me, , (Date) (Name and title of the officer)

personally appeared _______________________________________________________ _ , (Name of person signing) 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 of officer
(Seal)

CALIFORNIA SAN BERNARDINO

Exhibit “A” to Waterline Easement
(Legal Description of Easement Area)

EXHIBIT "A"

LEGAL DESCRIPTION

WATERLINE
APN: 0482-022-06
BEING A PORTION OF WEST 1/2 OF SECTION 36, TOWNSHIP 5 NORTH, RANGE 4 WEST, SAN

BERNARDINO 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 IN BOOK 5775, PAGE 258, OFFICIAL RECORDS OF

SAID COUNTY AND PARTICULARLY DESCRIBED AS FOLLOWS
A STRIP OF 10 FEET IN WIDTH 5 FEET ON EACH SIDE, MEASURED AT RIGHT ANGLES TO, THE

FOLLOVVING DESCRIBED LINE
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION;
THENCE NORTH 89°09'11" EAST ALONG THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 1039.12 FEET,
THENCE NORTH 00°50'49" WEST, A DISTANCE OF 24.00 FEET TO A POINT 24.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION AND THE BEGINNING OF A STRIP OF LAND:

THENCE NORTH 45°10'39" EAST, A DISTANCE OF 65.41 FEET,
THENCE SOUTH 89°4905" EAST, A DISTANCE OF 633.91 FEET TO A POINT ON THE EASTERLY

LINE OF SAID DEED,

THE SIDES OF ABOVE DESCRIBED STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO BEGIN ON 24.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION AND TERMINATE ON SAID EASTERLY LINE.

CONTAINING 0.161 ACRES, MORE OR LESS.

SEE EXHIBIT "B" ATTACHED HERETO AND MADE APART HEREOF.

LUDWIG ENGINEERING ASSOCIATES, INC.

PREPARED BY ME OR UNDER MY SUPERVISION
3-01-2022
Glen L Ludwig, RCE 13191 Date
NO. 13191
EXP. 3-31-23
Iv
6- OF C
v:\plans\dokken ennineering\add topo files\new legals\0482-022-06\apn 0482-022-06 waterline easement exhibit a.doc

Exhibit “B” to Waterline Easement
(Diagram of Easement Area)

WATERLINE
APN: 0482-022-06
BK 5775 Pa
SOUTHERLY LINE OF BK.5775, PG. 75, O.R.

N45° 10' 39"E

65.41'
EASTERLY LINE OF BK.5775, PG. 75, O.R.

S89° 49' 05"E 633.91' ,
P.O.C.
- SW CORNER SEC. 36
N89° 09' 11"E 1039.12'
SOUTH LINE OF SECTION 36

BEAR VALLEY CUTOFF
(N P.O.B.

NOO° 50' 49"W

24.00'
qis pepusis sn SON .31A1S 10 Id .1aIe/VV 90-Z40-5840 :100AY1 WV 1.1, VV./ UDC. L 1W AePIHVY .31+111110 Id DAT Neld VgrauIVVVB ,11.109 slvvalm.N s'arA sssi PIAA5N18d3NI0Nd Nd)l)100100e1aVA .3INVN V NOI1V00 I 1031'00Jd Page 89 of 253 Exhibit “C” to Waterline Easement
(Waterline Detail)

ROADWAY EASEMENT
BOOK 5444 PAGE 71
I'mwT141WWwA.,,T,

CITY OF
viCTORvILLE

BEAR VALLEY RD

DETAIL BOUNDARY
KEYMAP

NOT TO SCALE
LEGEND:

JURISDICTIONAL LIMITS

SBCFCD EASEMENT

EXISTING ROW

SCE EASEMENT
CSA 64 (COUNTY) EASEMENT

TEMPORARY CONSTRUCTION EASEMENT (-ICE)

ROADWAY EASEMENT

ACCESS AND MAINTENANCE EASEMENT
17'
L_
97'-
13' -
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•
PARCEL
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0 AREA OF

INTEREST
25'SOUTHWEST GAS EASEMENT
DOC NO. 94-471247
APN 0482-022-06

VICTOR VALLEY COMMUNITY

COLLEGE DISTRICT
450'

GRANT DEED TO SAN BERNARDINO COUNTY
O.R. 5444 PAGE 71
23'
19'
r -
:w701101ItP.
112' +
I
100A--10,
294'
9'
/ /

SAN BERNARDINO COUNTY FLO

CONTROL EASEMENT
109'
351'
id 6
I 14 Mm fly t0m-4,155
IDB ..509 5! ,

BEAR VALLEY ROAD
WTI ED SET 1. WIE GROW WEL • WI PI COWES WNW
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PER
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SPEW. oismers COUNTY OF WI BERNIA0110

AIR AND VACUUM

VALVE ASSEMBLY
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TECH. SFEC. ROIREW
=Tyr H 7A

PROPERTY
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1 11•1=M
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▪ RMWOMIWIMMEW.”.”
353'
LINE
25'
505

AIR AND VACUUM VALVE ASSEMBLY

BLOWOFF ASSEMBLY

TRENCH LOCATION (SEE TYPICAL TRENCH DETAIL)

BLOWOFF ASSEMBLY
-ROADWAY EASEMENT IS TO THE BENEFIT OF THE cay OF VICTORVILLE. -ACCESS AND MAINTENANCE EASEMENT IS TO THE BENEFIT OF THE CITY OF VICTORVILLE,CaY OF HESPEMA,AND UTILITIES.

MANY EXISTING EASEMENTS SHOWN WERE NOT SURVEYED AND ARE ONLY SHOWN FOR DISCUSSION PURPOSES.

RIGHT-OF-WAY REQUIREMENTS

ACQUISITION TYPE AREA
SCE EASEMENT r=1 28,223 SQFT 0648 ACRES
CSA 64 (COUNTY) EASEMENT r -I 6,993 SQFT
0 161 ACRES
TEMPORARY CONSTRUCTION EASEMENT 94,105 SQFT
2 160 ACRES
ROADWAY EASEMENT r_1 11,072 SOFT
0 254 ACRES
ACCESS AND MAINTENANCE EASEMENT r= 14,871 SQFT
0 341 ACRES

PREPARFD BY

DE DOKKEN

ENBINEERING
110 BLUE RAVINE ROAD SUITE 200, FOLSOM CA, 916-858-0642 OCTOBER 2022 1.120'

TOWN OF APPLE VALLEY PROPERTY OWNER EXHIBIT
APN: 0482-022-06
NOTE: THIS "PROPERTY OWNER EXHIBIT"

IS A COMMUNICATION TOOL TO PROVIDE

THE AFFECTED PROPERTY OWNER AND

RIGHT OF WAY PERSONNEL WITH THE

GENERAL IMPACTS THE PROJECT MAY
HAVE ON A PARTICULAR PROPERTY.

BEAR VALLEY ROAD BRIDGE

OVER THE MOJAVE RIVER

REHABILITATION PROJECT

Exhibit “D” to Waterline Easement
(Access Diagram)

ANN' 0482-022-06 VICTOR VALLEY COI/UNITY
'COLLEGE DISTRICT
—
1 \ DEAR VALLE/ ROAD X _
PAP( i INGRESS AND EGRESS DURING
CONSTRUCTION FOR IMPROVEMENTS 1
5 ALONG BEAR VALLEY ROAD ,
-4,
OP Or VIC70•01.CE
BEM VMLLE a
DETAIL SGLiNDARv "
t.

NT, 1; 561N.E I LEGEND:

JURISDICTIONAL units

SECFCD EASEMENT

EXISTING ROW

SEE EASEMENT
CSA 64 (COUNly) EASEMENT

TEMPORARY CONSTRUCTION EASEMENT (TCE)
ROA0vvAy EASEMENT

ACCESS AND MAINTENANCE EASEMENT
iNSRESS/EGRESs WRING CONSTRUCTION

PRIMARY ACCESS FROM BEAR VALLEY ROAD
PRILIARY Access FRom REAR il 1
1—.

VMJ401s1)4)Ewstw.A; moon //
ANDAFTgR cotistrivcrioN i
.1004(iwAy EASEmFN T IS TO THE BENEFIT OF TT-iE CITY CF viCTORviL LE • ACCESS AND MAINTENANCE EASEMENT IS TO THE BENEFIT OF THE CITY -ANY EXISPNG EASEMENTS SHOWN WERE NOT SURVEYED AND ARE ONLY ...,
SAN. BERNARCINO OOP Y FLOOD ----
t-----------T--- cc cONTROL EASEMENT -,..,.... ---- i
2 W tl t
i Z.5
"NJ
ppopERry•LINf
OF v,C7ORv'LLE. CITY CF HESPERIA, AND uTr_ ES. SHOWN FOR DISCJSSON PURPOSES.

TOWN OFAPPLE VALLEY
-PRCPERTY LINE
bilLEAKIA•
52IDOKKFN ... -..1 • a --:. •
fg,./E.Attri

TOWN OF APPLE VALLEY CONSTRUCTION ACCESS

BEAR VALLEY ROAD BRIDGE OVER THE MOJAVE RIVER

REHABILITATION PROJECT

Exhibit “E” to Waterline Easement
(Reserved Access Corridor)

CLEAN AIR /

VAN POOL /
E.V.

CLEAN AIR / VAN POOL / E.V. CLEAN AIR / VAN POOL / E.V. CLEAN AIR / VAN POOL / E.V.

CLEAN AIR / VAN POOL / E.V. CLEAN AIR / VAN POOL / E.V.

CLEAN AIR /
VAN POOL / E.V. CLEAN AIR / VAN POOL / E.V.

EXHIBIT "E"
RESERVED ACCESS CORRIDOR (TWO SEPARATE AREAS SIZED +/- 28.0' WIDE BY +/- 134.0' LONG)

EXHIBIT “C” TO AGREEMENT
(Roadway Easement Deed)

1 ROADWAY EASEMENT DEED
This Roadway Easement Deed (“Easement Deed”) is made and entered into as of _____________, 2025, by and between the Victor Valley Community College District (hereinafter referred to as “District” or “Grantor”), and the City of Victorville (“Grantee”), each of which may also be identified individually herein as a “Party” or collectively as the “Parties.” WHEREAS, the District is the owner of that real property located in the City of Victorville, County of San Bernardino, State of California, and identified by Assessor’s Parcel Number 0482-022-06 (the “Property”);
WHEREAS, the Grantee has requested a permanent, non-exclusive roadway easement for public purposes, including but not limited to, public street, sidewalk, bike and multi-use path access, curbs, gutters, sewer, drainage and public ingress and egress over, on, under, along and across that certain portion of the Property more particularly described in the legal description attached hereto as Exhibit “A” and depicted on the drawing attached hereto as Exhibit “B” (hereafter, the “Easement Area”) subject to the conditions set forth herein. All Exhibits, including Exhibit “C” as later referenced herein, are incorporated into this Easement Deed as though completely set forth herein.

NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Grant of Roadway Easement. The Grantor hereby grants and conveys to the Grantee, a permanent, non-exclusive roadway easement for public purposes, including but not limited to, public street, sidewalk, bike and multi-use path access, curbs, gutters, sewer, drainage, and public ingress and egress over, on, along and across the Easement Area totaling 11,072 sq. ft / 0.254 acres (“Roadway Easement”), together with the right, privilege and authority, within said Easement Area, to grade, excavate for, install, replace, relocate, resurface, pave, repave, inspect, operate, patrol, maintain, use and protect any and all facilities and appurtenances, as Grantee shall from time to time elect, for roadway, access, utilities and drainage control purposes, on the terms and conditions set forth below.

2. Conditions of Grant.

The Roadway Easement is granted on the conditions set forth in this agreement between the Grantor and Grantee, including, but not limited to the following conditions:
a. The Roadway Easement at its widest point is 24 feet in width and at its narrowest point it is 6 feet in width as noted in Exhibit “A” and Exhibit “B”. The Grantee is not permitted to enlarge or increase or otherwise modify the size of the Easement Area without the written consent of the Grantor.
b. Grantor will retain the use of, and access to, the Easement Area, including the surface area and the ground below it, but only to the extent that such use and access is compatible with and does not unreasonably interfere with the purposes and uses granted to Grantee under this Roadway Easement Deed.

2 c. No use or improvement by Grantor can unreasonably interfere with or endanger, in the opinion of Grantee, the operation or maintenance of its Roadway Easement or any part thereof, or Grantee’s ready access to Roadway Easement, or any of the rights herein granted to Grantee.
d. Grantee shall be wholly responsible for any improvements, hardscaping, or landscaping installed on the Roadway Easement by Grantee. Any improvements, hardscaping or landscaping installed on the Roadway Easement shall not create any safety concerns or dangerous or hazardous conditions.
e. Grantee shall keep the Easement Area free from explosives, combustible material, and any and all other hazards or obstructions of any kind caused by Grantee.

Grantee shall not create or contribute to a dangerous or hazardous condition or a nuisance or commit a waste on the Easement Area.
f. Grantor agrees to inform any potential purchasers or lessors of the Property about the use restrictions on the Easement Area.
g. All costs of operation and maintenance of the Roadway Easement shall be borne by Grantee.
h. Grantee acknowledges that Grantor may decide to lease/sell a portion of the Property or Easement Area for commercial development that is compatible with the terms of this Easement Deed and does not interfere with Grantee’s rights hereunder.

Grantee acknowledges that such development may include, but is not limited to, the construction of driveways, and vehicle and pedestrian ingress and egress access points from Bear Valley Road onto the Property through the Easement Area as well as construction of commercial buildings and accessory parking. For this purpose, Grantor has reserved the right to potentially install a standard commercial paved driveway, driveway approach and pedestrian walking paths within the hatched area depicted on Exhibit “C” (“Reserved Access Corridor”). Grantee warrants that its use of this Easement will not create an impediment to securing commercial driveway access off of Bear Valley Road. Other than as specified in Grantee's rights under this Easement Deed and the Access and Maintenance Easement Deed being executed concurrently herewith, the Grantor shall not be limited from carrying out such commercial development, or otherwise selling or leasing the Property for others to do the same.

3. Term. This Easement Deed shall become effective upon recordation and shall continue in full force and effect in perpetuity, unless this Easement Deed is amended, modified, or terminated by an agreement executed, acknowledged, and recorded by the Parties hereto (or their successors and assigns).

4. Easement As-Is. The Easement Area is conveyed by the Grantor to the Grantee, and the Grantee hereby agrees that this Roadway Easement permitting use of the Easement Area is conveyed to the Grantee, AS IS, WHERE IS, and WITH ALL FAULTS, and that the

GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER,

3 EXPRESS OR IMPLIED (INCLUDING THOSE IMPLIED BY THE TERMS “GRANT,” “CONVEY,” OR “DEED,” OR THOSE IMPLIED BY ANY OTHER TERM HEREIN),

OR ARISING BY OPERATION OF LAW WITH RESPECT TO THE TITLE,

MAINTENANCE, REPAIR OR CONDITION OF THE EASEMENT AREA,
INCLUDING, WITHOUT LIMITATION: (i) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF HABITABILITY; (iii) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iv) ANY IMPLIED OR EXPRESS

WARRANTY OF CONFORMITY TO STATUTES, CODES, REGULATIONS, DRAWINGS, PLANS OR SPECIFICATIONS; (v) ANY IMPLIED OR EXPRESS

WARRANTY OF PRIORITY OVER ANY DEEDS OF TRUST, GROUND LEASES OR

OTHER ENCUMBRANCES (INCLUDING, WITHOUT LIMITATION , CLAIMS BY

THIRD PARTIES OF RIGHTS TO A PRESCRIPTIVE EASEMENT IN THE EASEMENT AREA); AND (vi) ANY CLAIM FOR DAMAGES BECAUSE OF

DEFECTS, WHETHER LATENT OR PATENT, KNOWN OR UNKNOWN, WITH

RESPECT TO THE EASEMENT AREA, IT BEING THE EXPRESS INTENTION OF

THE PARTIES THAT THE EASEMENT AREA BE CONVEYED TO, AND

ACCEPTED BY, GRANTEE IN ITS PRESENT CONDITION AND STATE OF REPAIR.

5. Construction and Maintenance. All work performed in the Easement Area and any structures or improvements constructed thereon or therein must comply with applicable federal and state statutes, codes, standards and regulations and local laws, codes, ordinances, standards, and regulations and comply with industry standards and best construction practices. Grantee shall use due care in the construction, operation, and maintenance of the Roadway Easement. Grantee will, at its sole cost and expense, maintain the Roadway Easement, and every aspect thereof, in good condition and repair at all times.

Grantee shall maintain the Easement Area to be clear and free from any trash, rubbish, brush, debris, waste, weeds, and any Hazardous Materials as defined herein.

Grantee at its sole cost and expense will repair any damage to the Property or the Easement Area that arises from its use of the Easement Area.

6. Third Party Indemnity. Grantee agrees to indemnify, defend (by counsel reasonably acceptable to the Grantor), and hold harmless the Grantor, and its Board of Trustees, officers, employees, agents, contractors, and representatives from and against any and all third party claims, demands, suits, proceedings, judgments, fines, penalties, encumbrances, liens, damages of any type whatsoever (whether foreseeable or unforeseeable), costs and expenses (including, without limitation, any litigation expenses and experts' or attorneys' fees), liabilities, or losses (collectively, the "Liabilities"), to the extent arising out of or in connection with or relating to:

4 a. The use of the Easement Area by the Grantee or “Grantee’s Affiliates” which is defined as Grantee’s contractors, subcontractors and consultants or any similar retained agents or representatives;
b. The installation of, work performed on, and the maintenance of, the Roadway Easement, by Grantee or Grantee’s Affiliates;
c. The acts or omissions of the Grantee or Grantee’s Affiliates; d. The non-performance, breach, or violation by Grantee or Grantee’s Affiliates of any term or condition of this Easement Deed; and/or
e. Any handling of Hazardous Materials (as hereinafter defined) by the Grantee or Grantee’s Affiliates, or the presence or release of Hazardous Materials in, on or under the Easement Area caused or contributed to by the Grantee or Grantee’s Affiliates.
(i) For the purposes of this Easement Deed, “Hazardous Materials” means each and every element, compound, chemical mixture, contaminant, pollutant, material, waste or other substance which is defined, determined or identified as hazardous or toxic under any applicable environmental law or regulation.

The aforesaid indemnity obligations shall not apply if the Liabilities arise out of the sole active negligence or willful misconduct of the Grantor. Grantee will not be held liable, nor will Grantee be required to indemnify Grantor for Liabilities arising from any presence or release of Hazardous Materials located on, in, or under the Easement Area which occurred prior to the date this Easement Deed was recorded.

7. Release. The Grantee hereby releases the Grantor, and its Board of Trustees, officers, employees, agents, contractors, consultants, invitees, representatives, successors, and assigns, from any and all Liabilities to the extent arising out of or in connection with or relating to:
a. The use of the Easement Area by the Grantee;
b. The work performed on, and the maintenance of, the Roadway Easement; c. The acts or omissions of the Grantee;
d. The non-performance, breach, or violation by Grantee of any term or condition of this Easement Deed; and/or
e. Any handling of Hazardous Materials (as hereinabove defined) by the Grantee or the presence or release of Hazardous Materials in, on or under the Easement Area caused or contributed to by the Grantee.

5 The aforesaid release shall not apply if the Liabilities arise out of the sole active negligence or willful misconduct of the Grantor. Grantee will not be held liable, nor will Grantee be required to release Grantor for any Liabilities arising from any presence or release of Hazardous Materials located on, in, or under the Easement Area which occurred prior to the date this Easement Deed was recorded.

8. Insurance. The Grantee represents that it carries, will continue to carry, and will ensure that Grantee’s Affiliates carry, commercial general liability insurance in an amount not less than $5,000,000 per occurrence for bodily injury and property damage and $10,000,000 annual aggregate for the entire duration of this Easement Deed. Commercial Automobile Liability Insurance shall have limits of not less than $2,000,000 per accident. This insurance must cover liability arising out of or in connection with the operation, use, loading, or unloading of a motor vehicle assigned to or used in connection with work to be performed on the Easement Area including, without limitation, owned, hired, and nonowned motor vehicles.

In lieu of the foregoing, Grantee represents that it is self-insured and that its self insurance meets or exceeds the insurance requirements set forth above. Grantee shall require and verify that all Grantee’s Affiliates obtain and maintain insurance meeting all requirements stated in the foregoing paragraph and Grantee shall ensure that Grantor is an additional insured on insurance required from Grantee’s Affiliates.

9. Successors and Assigns. This Easement Deed will be binding on the Parties and their respective successors and assigns. In no event may the Grantee sell, transfer, assign or encumber the rights or obligations conveyed by this Easement Deed or the Grantee's interest under this Easement Deed without the consent of Grantor which consent shall not be unreasonably withheld.

10. Breach, Restoration, and Remedies.
a. Injunctive and Other Relief: The Parties further intend that, should any Party undertake, or cause to be undertaken, any activity in violation of this Easement Deed, or refuse after reasonable notice from the other Party to stop any activity in violation of this Easement Deed, then the other Party will have the right to obtain injunctive relief or writs from courts of competent jurisdiction in the County of San Bernardino, State of California, to stop any prohibited activity. The Parties will have the right to seek temporary restraining orders, preliminary injunctions, and similar provisional, equitable relief in a court of competent jurisdiction, provided that the Party seeking such relief has: (i) determined in good faith that the breach or threatened breach requires such immediate relief; and (ii) given the other Party notice and an opportunity to cure such breach or threatened breach. b. Delay in Enforcement: Enforcement of the terms and provisions of this Easement Deed will be at the discretion of the Grantor or the Grantee. Any forbearance on behalf of the Grantor or the Grantee to exercise its rights hereunder in the event of any breach by the other Party or its respective assigns or successors will not be

6 deemed or construed to be a waiver of that Party's rights hereunder in the event of any subsequent breach.

11. Liens. The Grantee will ensure that no lien is placed upon the Easement Area or the Property as a result of its activities within the Easement Area or that of Grantee’s Affiliates.

If such a lien is placed upon the Easement Area or the Property, the Grantee will immediately cause it to be removed at the Grantee’s sole cost and expense.

12. Miscellaneous.
a. No Third-Party Beneficiaries: The Parties agree that no governmental agency, person, or entity other than the Parties themselves will have the right to enforce any of the terms or provisions of this Easement Deed, it being intended that there be no third-party beneficiaries of this Easement Deed.
b. Governing Law: This Easement Deed will be governed by and construed in accordance with California law.
c. Entire Agreement: This Easement Deed sets forth the entire agreement and understanding between the Parties with respect to the subject matter of this Easement Deed.

d. Attorneys' Fees and Enforcement Costs of Suits: In the event of any action or proceeding between the Parties to enforce any provision of this Easement Deed the losing Party will pay to the prevailing Party all costs and expenses, including, without limitation, reasonable attorneys’ fees and expenses, incurred in such action and in any appeal in connection therewith by such prevailing Party. e. Notices: All notices, requests, demands, or other communications under this Easement Deed will be in writing and notice will be sufficiently given for all purposes when provided as follows:
i. Personal Delivery: When personally delivered to the recipient, notice is effective upon delivery;
ii. First Class Mail: When mailed first class to the last address of the recipient known to the Party giving notice: notice is effective after three (3) mail delivery days of being deposited in a United States Postal Service office or mailbox;
iii. Certified Mail: When mailed by certified mail, with return receipt requested: notice is effective upon receipt, if delivery is confirmed by a return receipt;
iv. Overnight Delivery: When delivered by an overnight delivery service, with charges prepaid or charged to sender's account: notice is effective upon delivery, if delivery is confirmed by the delivery service; or

7 In all cases where notice is required a courtesy email notice will also be provided to the individuals identified below.

In the case of notifications to the Parties, addresses for purpose of giving notice hereunder are as follows:

To Grantor: Víctor Valley Community College District
Attn: Eric Vreeman VP Administrative Services
18422 Bear Valley Road
Victorville, California 92395
[email protected]
Telephone: (760) 245-4271
With a copy to: Estela Wansten, Executive Assistant
18422 Bear Valley Road
Victorville, California 92395
[email protected]
To Grantee: City of Victorville
Attn: Fredy Bonilla, City Engineer
14343 Civic Drive
Victorville, California 92392
[email protected]
Telephone: 760-955-5170
With a copy to: Green de Bortnowsky, LLP
Attn: Andre de Bortnowsky
Victorville City Attorney
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301
[email protected]
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the Party to be notified will be deemed effective as of the first date the notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service. Each Party must provide advance written notice to the other of any change to its contact information (i.e., address, telephone number, or email address).
f. Modification; Severability; Waiver; Survival. This Easement Deed may not be modified or altered except in writing and signed by both Parties(or their successors and assigns). If any part of this Easement Deed is found to be in conflict with applicable laws or regulations, that part will be inoperative, null, and void insofar as it is in conflict; however, the remainder of the Easement Deed will remain in full

8 force and effect. The failure by one Party to enforce or require the other Party's full compliance with the terms and provisions of this Easement Deed will not constitute a waiver of its right to do so in the future, nor will it release the other party from its responsibilities under this Easement Deed. A Party's consent to or approval of any act by the other Party, which act requires the first Party's consent or approval, will not be construed to waive or render unnecessary the first Party's consent to or approval of subsequent acts. A waiver of rights under this Easement Deed will only be valid if it is clearly set forth in writing. The covenants, agreements, and indemnities of the Parties set forth in this Easement Deed shall survive any termination of this Easement Deed.
g. No Fee Interest Transferred. Nothing in this Easement Deed shall be construed as transferring any fee interest in the Easement Area or the Property to the Grantee. [END OF PAGE – SIGNATURE PAGE FOLLOWS]

9 IN WITNESS WHEREOF, the Parties have executed this Easement Deed on the dates set forth below, but this Easement Deed is effective as of the date identified in Section 3 above.

VICTOR VALLEY COMMUNITY COLLEGE

DISTRICT
By:

Name:

Title:

Date:

CITY OF VICTORVILLE
By:

Name:

Title:

Date:

ATTEST:

By:

Name:

Title:

Date:

APPROVED AS TO FORM:

By:

Name:

Title:

Date:
1210-102/7171598.1

ALL CAPACITY ACKNOWLEDGMENT
Rev. 01/01/2015
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.

STATE OF

COUNTY OF
On before me, , (Date) (Name and title of the officer)

personally appeared _______________________________________________________ _ , (Name of person signing) 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 of officer
(Seal)

CALIFORNIA SAN BERNARDINO

ALL CAPACITY ACKNOWLEDGMENT
Rev. 01/01/2015
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.

STATE OF

COUNTY OF
On before me, , (Date) (Name and title of the officer)

personally appeared _______________________________________________________ _ , (Name of person signing) 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 of officer
(Seal)

CALIFORNIA SAN BERNARDINO

Exhibit “A” to Roadway Easement Deed
(Legal Description)

Exhibit “B” to Roadway Easement Deed
(Diagram of Easement Area)

Exhibit “C” to Roadway Easement Deed
(Reserved Access Corridor)

(TWO SEPARATE AREAS SIZED +/-

28.0' WIDE BY +/- 134.0' LONG)

EXHIBIT “D” TO AGREEMENT
(Access and Maintenance Easement Deed)

1 ACCESS AND MAINTENANCE EASEMENT DEED
This Access and Maintenance Easement Deed (“Access and Maintenance Easement Deed”) is made and entered into as of _____________, 2025, by and between the Victor Valley Community College District (hereinafter referred to as “District” or “Grantor”), and the City of Victorville, a Municipal Corporation (“Grantee”), each of which may also be identified individually herein as a “Party” or collectively as the “Parties.” WHEREAS, the District is the owner of that real property located in the City of Victorville, County of San Bernardino, State of California, and identified by Assessor’s Parcel Number 0482-022-06 (the “Property”);
WHEREAS, the Grantee has requested a permanent, non-exclusive access and maintenance easement to access above ground public utilities and adjacent public utility easements, including the right to temporarily move equipment through a portion of the Property and the right to vehicular access on, over, along and across a portion of the Property; WHEREAS, the District wishes to grant the requested permanent, non-exclusive access and maintenance easement on, over, along and across that certain portion of the Property more particularly described in the legal description attached hereto as Exhibit “A” and depicted on the drawing attached hereto as Exhibit “B” (hereafter, the “Easement Area”) subject to the conditions set forth herein. All Exhibits, including Exhibit “C” and Exhibit “D” as later referenced herein, are incorporated into this Access and Maintenance Easement Deed as though completely set forth herein.

NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Grant of Access and Maintenance Easement. The Grantor hereby grants and conveys to the Grantee, a permanent, non-exclusive access and maintenance easement for the purpose of accessing and maintaining above ground public utilities and adjacent public utility easements, including the right to temporarily move equipment through the Easement Area and the right to vehicular access on, over, along and across the Easement Area totaling 7,091 sq. ft. / 0.16 acres (“Access and Maintenance Easement”) on the terms and conditions, set forth below.

2. Conditions of Grant.

The Access and Maintenance Easement is granted on the conditions set forth in this agreement between the Grantor and Grantee, including, but not limited to the following conditions:
a. The Grantee is not permitted to enlarge or increase the size of the Easement Area without the written consent of the Grantor.

2 b. Grantor reserves the right of full use and access of all surface areas and subsurface areas located within the Easement Area provided such uses do not substantially interfere with Grantee’s use of the Access and Maintenance Easement. Grantee agrees that Grantor’s improvement of the Easement Area surface with paved driveways, parking spaces, roadways, hardscape, sidewalks, or landscaping strips will not constitute substantial interference with Grantee’s use of the Access and Maintenance Easement.
c. Grantor reserves the right to permit others to use and/or occupy the Easement Area as long as such uses do not substantially interfere with Grantee’s use. d. Grantee’s use of the Access/Maintenance Easement shall include the right to enter the Easement Area through the primary access point on Bear Valley Road, as identified in Exhibit “C”. In the event that public roads and driveways are ultimately developed, Grantee may use such access routes as well. e. This grant does not include the right to construct improvements on the Easement Area or store materials or equipment on the Easement Area, including excavated soils, supplies or hazardous materials. The Easement Area may not be used as a staging area. Grantee’s use of the Easement Area is limited to accessing and maintaining above ground public utilities on the Easement Areas and accessing adjacent public utility easements.
f. Grantee shall keep the Easement Area free from explosives, combustible material and any and all other hazards or obstructions of any kind that are within its control.

Grantee shall not create or contribute to a dangerous or hazardous condition or a nuisance or commit a waste on the Easement.
g. Grantor agrees to inform any potential purchasers or lessors of the Property, or any portion thereof, about this Access and Maintenance Easement Deed. h. Grantee acknowledges that Grantor may decide to lease/sell a portion of the Property or Easement Area for commercial development that is compatible with the terms of this Access and Maintenance Easement Deed and does not interfere with Grantee’s rights hereunder. Grantee acknowledges that such development may include, but is not limited to, the construction of driveways, and vehicle and pedestrian ingress and egress access points from Bear Valley Road onto the Property through the Easement Area as well as construction of commercial buildings and accessory parking. For this purpose, Grantor reserves the right to potentially install a standard commercial paved driveway, driveway approach, and pedestrian walking paths within the hatched area depicted on Exhibit “D” (“Reserved Access Corridor”). Grantee warrants that its use of this Easement will not create an impediment to securing commercial driveway access off of Bear Valley Road. Other than as specified in Grantee's rights under this Access and Maintenance Easement Deed and the Roadway Easement Deed being executed and recorded concurrently herewith, the Grantor shall not be limited from carrying out

3 such commercial development, or otherwise selling or leasing the Property for others to do the same.

3. Term. This Access and Maintenance Easement Deed shall become effective upon recordation and shall continue in full force and effect in perpetuity, unless this Access and Maintenance Easement Deed is amended, modified, or terminated by an agreement executed, acknowledged, and recorded by the Parties hereto (or their successors and assigns).

4. Easement As-Is. The Easement Area is conveyed by the Grantor to the Grantee, and the Grantee hereby agrees that this Access and Maintenance Easement permitting use of the Easement Area is conveyed to the Grantee, AS IS, WHERE IS, and WITH ALL FAULTS, and that the GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES

WHATSOEVER, EXPRESS OR IMPLIED (INCLUDING THOSE IMPLIED BY THE TERMS “GRANT,” “CONVEY,” OR “DEED,” OR THOSE IMPLIED BY ANY OTHER

TERM HEREIN), OR ARISING BY OPERATION OF LAW WITH RESPECT TO THE

TITLE, MAINTENANCE, REPAIR OR CONDITION OF THE EASEMENT AREA, INCLUDING, WITHOUT LIMITATION: (i) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF HABITABILITY; (iii) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iv) ANY IMPLIED OR EXPRESS

WARRANTY OF CONFORMITY TO STATUTES, CODES, REGULATIONS, DRAWINGS, PLANS OR SPECIFICATIONS; (v) ANY IMPLIED OR EXPRESS

WARRANTY OF PRIORITY OVER ANY DEEDS OF TRUST, GROUND LEASES OR

OTHER ENCUMBRANCES (INCLUDING, WITHOUT LIMITATION , CLAIMS BY

THIRD PARTIES OF RIGHTS TO A PRESCRIPTIVE EASEMENT IN THE EASEMENT AREA); AND (vi) ANY CLAIM FOR DAMAGES BECAUSE OF

DEFECTS, WHETHER LATENT OR PATENT, KNOWN OR UNKNOWN, WITH

RESPECT TO THE EASEMENT AREA, IT BEING THE EXPRESS INTENTION OF

THE PARTIES THAT THE EASEMENT AREA BE CONVEYED TO, AND

ACCEPTED BY, GRANTEE IN ITS PRESENT CONDITION AND STATE OF REPAIR.

5. Maintenance. All use of, or work performed in, the Easement Area must comply with applicable federal and state statutes, codes, standards and regulations and local laws, codes, ordinances, standards and regulations and comply with industry standards and best maintenance practices. Grantee shall use due care in the use of the Access and Maintenance Easement, in accessing and maintaining public utilities on the Easement Area and accessing adjacent public utility easements.

Grantee will, at its sole cost and expense, maintain the Access and Maintenance Easement in good condition and repair at all times. Grantee shall maintain the Easement Area to be clear and free from any trash, rubbish, brush, debris, waste, weeds, excess dust and any Hazardous Materials as defined herein, and in the same or similar condition it was upon entering into this Access and Maintenance Easement.

4 Grantee at its sole cost and expense will repair any damage to the Property or the Easement Area that arises from its use of, or its activities undertaken on, the Easement Area.

Grantee shall provide forty-eight (48) hours advance notification prior to performing any maintenance that requires heavy equipment or traffic barricades or similar obstructions to vehicular or pedestrian travel through the Easement Area. Notwithstanding the provisions of Section 12.e hereof, given the short lead time, the required advance notification provided under this paragraph will be considered sufficient when provided by telephone and email.

This notification requirement shall not apply in the event of an emergency.

6. Third Party Indemnity. Grantee agrees to indemnify, defend (by counsel reasonably acceptable to the Grantor), and hold harmless the Grantor, and its Board of Trustees, officers, employees, agents, contractors, and representatives from and against any and all third party claims, demands, suits, proceedings, judgments, fines, penalties, encumbrances, liens, injuries, damages of any type whatsoever (whether foreseeable or unforeseeable), costs and expenses (including, without limitation, any litigation expenses and experts' or attorneys' fees), liabilities, or losses (collectively, the "Liabilities"), to the extent arising out of or in connection with or relating to:
a. The acts or omissions of the Grantee or “Grantee’s Affiliates” which is defined as Grantee’s contractors, subcontractors and consultants or any similar retained agents or representatives ;
b. The work or activities performed on the Access and Maintenance Easement by Grantee or Grantee’s Affiliates;
c. The maintenance of any public utilities located on the Access and Maintenance Easement by Grantee or Grantee’s Affiliates;
d. The non-performance, breach, or violation by Grantee of any term or condition of this Access and Maintenance Easement Deed;
e. The Grantee’s exercise of rights or performance of obligations under this Agreement; or,
f. Any handling of Hazardous Materials as hereinafter defined by the Grantee or Grantee’s Affiliates, or the presence or release of Hazardous Materials in, on or under the Easement Area caused or contributed to by the Grantee or Grantee’s Affiliates.
(i) For the purposes of this Access and Maintenance Easement Deed, “Hazardous Materials” means each and every element, compound, chemical mixture, contaminant, pollutant, material, waste or other substance which is defined, determined or identified as hazardous or toxic under any applicable environmental law or regulation.

The aforesaid indemnity obligations shall not apply if the Liabilities arise out of the sole active negligence or willful misconduct of the Grantor. Grantee will not be held liable, nor

5 will Grantee be required to indemnify Grantor for Liabilities arising from any presence or release of Hazardous Materials located on, in, or under the Easement Area which occurred prior to the date this Access and Maintenance Easement Deed was recorded.

7. Release. The Grantee hereby releases the Grantor, and its Board of Trustees, officers, employees, agents, contractors, consultants, invitees, representatives, successors, and assigns, from any and all Liabilities to the extent arising out of or in connection with or relating to:
a. The acts or omissions of the Grantee;
b. Any work or activities performed on the Access and Maintenance Easement by Grantee;
c. The maintenance of any public utilities located on the Access and Maintenance Easement by Grantee;
d. The non-performance, breach, or violation by Grantee of any term or condition of this Access and Maintenance Easement Deed;
e. Any handling of Hazardous Materials (as hereinabove defined) by the Grantee, or the presence or release of Hazardous Materials in, on or under the Easement Area caused or contributed to by the Grantee.

The aforesaid release shall not apply if the Liabilities arise out of the sole active negligence or willful misconduct of the Grantor. Grantee will not be held liable, nor will Grantee be required to release Grantor for any Liabilities arising from any presence or release of Hazardous Materials located on, in, or under the Easement Area which occurred prior to the date this Access and Maintenance Easement Deed was recorded.

8. Insurance. The Grantee represents that it carries and will continue to carry commercial general liability insurance in an amount not less than $5,000,000 per occurrence for bodily injury and property damage and $10,000,000 annual aggregate for the entire duration of this Access and Maintenance Easement Deed. Commercial Automobile Liability Insurance shall have limits of not less than $2,000,000 per accident. This insurance must cover liability arising out of or in connection with the operation, use, loading, or unloading of a motor vehicle assigned to or used in connection with work to be performed on the Easement Area including, without limitation, owned, hired, and non-owned motor vehicles.

In lieu of the foregoing, Grantee represents that it is self-insured and that such self insurance meets or exceeds the limits set forth above. Grantee shall require and verify that all Grantee’s Affiliates obtain and maintain insurance meeting all requirements stated in the foregoing paragraph and Grantee shall ensure that Grantor is an additional insured on insurance required from Grantee’s Affiliates.

6 9. Successors and Assigns. This Access and Maintenance Easement Deed will be binding on the Parties and their respective successors and assigns. In no event may the Grantee sell, transfer, assign, or encumber the rights or obligations conveyed by this Access and Maintenance Easement Deed or the Grantee's interest under this Access and Maintenance Easement Deed without the consent of Grantor which consent shall not be unreasonably withheld.

10. Breach, Restoration, and Remedies.
a. Injunctive and Other Relief: The Parties further intend that, should any Party undertake, or cause to be undertaken, any activity in violation of this Access and Maintenance Easement Deed, or refuse after reasonable notice from the other Party to stop any activity in violation of this Access and Maintenance Easement Deed, then the other Party will have the right to obtain injunctive relief or writs from courts of competent jurisdiction in the County of San Bernardino, State of California, to stop any prohibited activity. The Parties will have the right to seek temporary restraining orders, preliminary injunctions, and similar provisional, equitable relief in a court of competent jurisdiction, provided that the Party seeking such relief has: (i) determined in good faith that the breach or threatened breach requires such immediate relief; and (ii) given the other Party notice and an opportunity to cure such breach or threatened breach.
b. Delay in Enforcement: Enforcement of the terms and provisions of this Access and Maintenance Easement Deed will be at the discretion of the Grantor or the Grantee. Any forbearance on behalf of the Grantor or the Grantee to exercise its rights hereunder in the event of any breach by the other Party or its respective assigns or successors will not be deemed or construed to be a waiver of that Party's rights hereunder in the event of any subsequent breach.

11. Liens. The Grantee will ensure that no lien is placed upon the Easement Area or the Property as a result of its activities within the Easement Area or that of Grantee’s Affiliates.

If such a lien is placed upon the Easement Area or the Property, the Grantee will immediately cause it to be removed at the Grantee’s sole cost and expense.

12. Miscellaneous.
a. No Third-Party Beneficiaries: The Parties agree that no governmental agency, person, or entity other than the Parties themselves will have the right to enforce any of the terms or provisions of this Access and Maintenance Easement Deed, it being intended that there be no third-party beneficiaries of this Access and Maintenance Easement Deed.
b. Governing Law: This Access and Maintenance Easement Deed will be governed by and construed in accordance with California law.

7 c. Entire Agreement: This Access and Maintenance Easement Deed sets forth the entire agreement and understanding between the Parties with respect to the subject matter of this Access and Maintenance Easement Deed.
d. Attorneys' Fees and Enforcement Costs of Suits: In the event of any action or proceeding between the Parties to enforce any provision of this Access and Maintenance Easement Deed the losing Party will pay to the prevailing Party all costs and expenses, including, without limitation, reasonable attorneys’ fees and expenses, incurred in such action and in any appeal in connection therewith by such prevailing Party.
e. Notices: All notices, requests, demands, or other communications under this Easement Deed will be in writing and notice will be sufficiently given for all purposes when provided as follows:
i. Personal Delivery: When personally delivered to the recipient, notice is effective upon delivery;
ii. First Class Mail: When mailed first class to the last address of the recipient known to the Party giving notice: notice is effective after three (3) mail delivery days of being deposited in a United States Postal Service office or mailbox;
iii. Certified Mail: When mailed by certified mail, with return receipt requested: notice is effective upon receipt, if delivery is confirmed by a return receipt;
iv. Overnight Delivery: When delivered by an overnight delivery service, with charges prepaid or charged to sender's account: notice is effective upon delivery, if delivery is confirmed by the delivery service; or In all cases where notice is required a courtesy email notice will also be provided to the individuals identified below.

In the case of notifications to the Parties, addresses for purpose of giving notice hereunder are as follows:

To Grantor: Víctor Valley Community College District
Attn: Eric Vreeman VP Administrative Services
18422 Bear Valley Road
Victorville, California 92395
[email protected]
Telephone: (760) 245-4271

8 With copy to: Estela Wansten, Executive Assistant
18422 Bear Valley Road
Victorville, California 92395
[email protected]
To Grantee: City of Victorville
Attn: Fredy Bonilla, City Engineer
14343 Civic Drive
Victorville, California 92392
[email protected]
Telephone: _(760) 955-5170
With copy to: Green de Bortnowsky, LLP
Attn: Andre de Bortnowsky
Victorville City Attorney
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301
[email protected]
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the Party to be notified will be deemed effective as of the first date the notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service. Each Party must provide advance written notice to the other of any change to its contact information (i.e., address, telephone number, or email address).
f. Modification; Severability; Waiver; Survival: This Access and Maintenance Easement Deed may not be modified or altered except in writing and signed by both Parties (or their successors and assigns). If any part of this Access and Maintenance Easement Deed is found to be in conflict with applicable laws or regulations, that part will be inoperative, null, and void insofar as it is in conflict; however, the remainder of the Access and Maintenance Easement Deed will remain in full force and effect. The failure by one Party to enforce or require the other Party's full compliance with the terms and provisions of this Access and Maintenance Easement Deed will not constitute a waiver of its right to do so in the future, nor will it release the other Party from its responsibilities under this Access and Maintenance Easement Deed. A Party's consent to or approval of any act by the other Party, which act requires the first Party's consent or approval, will not be construed to waive or render unnecessary the first Party's consent to or approval of subsequent acts. A waiver of rights under this Access and Maintenance Easement Deed will only be valid if it is clearly set forth in writing. The covenants, agreements, and indemnities of the Parties set forth in this Easement Deed shall survive any termination of this Access and Maintenance Easement Deed.

9 g. No Fee Interest Transferred: Nothing in this Access and Maintenance Easement Deed shall be construed as transferring any fee interest in the Easement Area or the Property to the Grantee.
[END OF PAGE – SIGNATURE PAGE FOLLOWS]

10 IN WITNESS WHEREOF, the Parties have executed this Access and Maintenance Easement Deed on the dates set forth below, but this Access and Maintenance Easement Deed is effective as of the date identified in Section 3 above.

VICTOR VALLEY COMMUNITY COLLEGE

DISTRICT
By:

Name:

Title:

Date:

CITY OF VICTORVILLE
By:

Name:

Title:

Date:

ATTEST:

By:

Name:

Title:

Date:

APPROVED AS TO FORM:

By:

Name:

Title:

Date:
1210-102/7171451.1

ALL CAPACITY ACKNOWLEDGMENT
Rev. 01/01/2015
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.

STATE OF

COUNTY OF
On before me, , (Date) (Name and title of the officer)

personally appeared _______________________________________________________ _ , (Name of person signing) 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 of officer
(Seal)

CALIFORNIA SAN BERNARDINO

ALL CAPACITY ACKNOWLEDGMENT
Rev. 01/01/2015
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.

STATE OF

COUNTY OF
On before me, , (Date) (Name and title of the officer)

personally appeared _______________________________________________________ _ , (Name of person signing) 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 of officer
(Seal)

CALIFORNIA SAN BERNARDINO

Exhibit “A” to Access and Maintenance Easement
(Legal Description)

v:\plans\dokken engineering\add topo files\new legals\0482-022-06\apn 0482-022-06 access.doc EXHIBIT “A”

LEGAL DESCRIPTION

ACCESS AND MAINTENANCE
APN 0482-022-06
BEING A PORTION OF WEST ½ OF SECTION 36, TOWNSHIP 5 NORTH, RANGE 4 WEST, SAN

BERNARDINO 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 IN BOOK 5775, PAGE 258, OFFICIAL RECORDS OF SAID COUNTY AND PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION;
THENCE NORTH 89°09'11" EAST, A DISTANCE OF 1046.32 FEET ALONG THE SOUTH LINE OF SAID SECTION;
THENCE NORTH 00°50'49" WEST, A DISTANCE OF 24.00 FEET TO A POINT 24.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION AND THE TRUE POINT OF BEGINNING; THENCE NORTH 45°10'39" EAST, A DISTANCE OF 151.22 FEET TO A POINT 129.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION;
THENCE SOUTH 89°09'11" WEST PARALLEL WITH AND 129.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 79.00 FEET;
THENCE SOUTH 10°09'06" EAST, A DISTANCE OF 68.01 FEET;
THENCE SOUTH 06°58'20" EAST, A DISTANCE OF 38.10 FEET TO A POINT 24.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION;
THENCE SOUTH 89°09'11" WEST PARALLEL WITH AND 24.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 202.89 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING 0.341 ACRES, MORE OR LESS.

SEE EXHIBIT “B” ATTACHED HERETO AND MADE APART HEREOF.

LUDWIG ENGINEERING ASSOCIATES, INC.

PREPARED BY ME OR UNDER MY SUPERVISION
Glen L Ludwig, RCE 13191 Date

Exhibit “B” to Access and Maintenance Easement
(Diagram of Easement Area)

Exhibit “C” to Access and Maintenance Easement
(Access Diagram)

Exhibit “D” to Access and Maintenance Easement
(Reserved Access Corridor)

CLEAN AIR /

VAN POOL /
E.V.

CLEAN AIR / VAN POOL / E.V. CLEAN AIR / VAN POOL / E.V. CLEAN AIR / VAN POOL / E.V.

CLEAN AIR / VAN POOL / E.V. CLEAN AIR / VAN POOL / E.V.

CLEAN AIR /
VAN POOL / E.V. CLEAN AIR / VAN POOL / E.V. EXHIBIT "D" RESERVED ACCESS CORRIDOR (TWO SEPARATE AREAS SIZED +/- 28.0' WIDE BY +/- 134.0' LONG)

EXHIBIT “E” TO AGREEMENT
(Temporary Construction Easement Deed)

1 TEMPORARY CONSTRUCTION EASEMENT DEED
This Temporary Construction Easement (“Easement Deed”) is made and entered into as of _____________, 2025 (“Effective Date”), by and between the Victor Valley Community College District (“Grantor”), and the Town of Apple Valley, an incorporated town (“Grantee”), each of which may also be identified individually herein as a “Party” or collectively as the “Parties.” WHEREAS, the District is the owner of that real property located in the City of Victorville, County of San Bernardino, State of California, and identified by Assessor’s Parcel Number 0482- 022-06 (the “Property”);
WHEREAS, the Grantee has requested a non-exclusive, temporary construction easement for construction purposes on, over, along and across a portion of the Property to enable performance of all activities reasonably necessary for the construction of the Bear Valley Road Bridge over the Mojave River Rehabilitation project (“Project”) through five years from the Effective Date.

WHEREAS, the District wishes to grant the requested non-exclusive, temporary construction easement on, over, along and across that certain portion of the Property more particularly described in the legal description attached hereto as Exhibit “A” and depicted on the drawing attached hereto as Exhibit “B” (hereafter, the “Easement Area”) subject to the conditions set forth herein. All Exhibits are incorporated into this Easement Deed as though completely set forth herein.

NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Grant of Access and Maintenance Easement. Subject to the requirements, conditions and covenants set forth herein, the Grantor hereby grants and conveys to the Grantee, a non-exclusive, temporary construction easement, beginning on the Effective Date through the Expiration Date, to enable the performance of all activities reasonably necessary for the construction of the Bear Valley Road Bridge over the Mojave River Rehabilitation project (“Project”), on, over, along and across the Easement Area totaling 94,105 sq. ft. /

2.160 acres (“Temporary Construction Easement”) on the terms and conditions, set forth below. These requirements, conditions and covenants shall extend to the work directed or performed by Grantee and its employees, agents, representatives, contractors, subcontractors, consultants, and invitees collectively referred to herein as “Grantee Affiliates.” Grantee shall make certain that Grantee’s Affiliates are aware of, and agree to, the terms and conditions set forth herein.

2. Termination of Temporary Construction Easement. This Temporary Construction Easement shall begin on the Effective Date of this Easement Deed and terminate on the earlier of (a) the date upon which Grantee notifies Grantor that it no longer needs the Temporary Construction Easement or (b) five years from the Effective Date (“Expiration Date”). On or before the Expiration Date, Grantee shall record a reconveyance of the Temporary Construction Easement rights granted herein. If Grantee fails to record the

2 reconveyance within thirty (30) business days of the Expiration Date, Grantor may file suit for specific performance, ejectment, trespass, nuisance, writ of mandate, mandatory injunction and for damages. In any such suit, Grantor will be entitled to all reasonable attorneys’ fees, expert fees and costs.

3. Payment For Temporary Construction Easement. The Grantee shall pay Grantor $225,270 in consideration for this Temporary Construction Easement. Payment is due into escrow within ten (10) business days of Board approval of this Agreement.

4. Possession and Use Agreement. Grantor and Grantee agree that the December 13, 2022 Possession and Use Agreement and all rights and obligations thereunder terminate on the date escrow closes on the Purchase and Sale Agreement for this Temporary Construction Easement.

5. Conditions of Grant.

The Temporary Construction Easement is granted on the conditions set forth in this agreement between the Grantor, Grantee and Grantee’s Affiliates, including, but not limited to the following conditions:
a. Grantee shall give the Grantor fourteen (14) business days’ notice before use of the Easement Area begins. For purposes of notice, the Grantor shall be notified via email at the following addresses: Eric Vreeman: [email protected]; Telephone (760) 245-4271 and Estela Wansten: [email protected]. Before starting work, Grantee shall provide Grantor with the contact information for all supervising individuals who are responsible for overseeing the work to be performed by Grantee or Grantee’s Affiliates on the Easement Area pursuant to this Temporary Construction Easement. Should the supervising individuals change over the term of the Easement, Grantor shall be provided with the contact information for the new supervising individual. For avoidance of doubt, the intent here is to provide the Grantor with the most current contact information in case the need arises for communications between the Grantor and Grantee. b. The Grantee and the Grantee’s Affiliates are not permitted to enlarge or increase the size of the Easement Area without the written consent of the Grantor. c. Grantor reserves the right of full use of the Easement Area provided such uses do not substantially interfere with Grantee’s (or Grantee’s Affiliates) use of the Temporary Construction Easement. In the event of a conflict, the Parties agree to make reasonable efforts to coordinate use of the Easement Area. d. Grantor reserves the right to permit others to use and/or occupy the Easement Area as long as such uses do not substantially interfere with Grantee’s (or Grantee’s Affiliates) use.
e. Grantee’s use of the Temporary Construction Easement shall include the right to enter the Easement Area through the primary access point on Bear Valley Road, as identified in Exhibit “C”. While road improvements are being made along Bear

3 Valley Road as part of the Bear Valley Road Bridge Over The Mojave River Rehabilitation Project, the Easement Area may also be accessed along Bear Valley Road as indicated on Exhibit “C”. In the event that public roads and driveways are ultimately developed, Grantee may use such access routes as well. f. This grant does not include the right to construct improvements on the Easement Area or permanently store materials or equipment on the Easement Area, including excavated soils, supplies or hazardous materials. Unless pre-approved by the Grantor, the Easement Area may not be used as a staging area for materials not being installed within the Easement Area. In no event shall such staging create an unsightly or attractive nuisance.
g. Grantee and Grantee’s Affiliates activities and use of the Temporary Construction Easement shall not impact or impede the Grantor’s use of the remainder of the Property. Grantee and Grantee’s Affiliates shall not impact or impede the operations of the Christmas tree vendor that occupies the area of the Property located to the northwest of the Easement Area each year from October 1 to January

1. h. Grantee and Grantee’s Affiliates shall make all reasonable efforts to contain and control dust arising from construction activities on the Easement Area. Grantee will install a temporary chain link construction fence on the entire northern border of the Easement Area for the purpose of dust reduction and use all recognized best practices and standards in the industry to reduce dust arising from construction activities.
i. Grantee and Grantee’s Affiliates are responsible for keeping the easement area in a safe and clean condition. Grantee and Grantee’s Affiliates shall implement all industry standards and undertake all recognized best practices to protect the public from personal injuries that could arise from Grantee’s and Grantee’s Affiliates’ activities on the Easement Area.
j. Grantee shall keep the Easement Area free from explosives, combustible material, and any and all other hazards or obstructions of any kind. Fire and other emergency vehicle access to the Easement Area will be maintained at all times. Grantee shall not create or contribute to a dangerous or hazardous condition or a nuisance or commit a waste on the Easement Area or permit any of these conditions to exist after receiving knowledge of the same.
k. Grantee acknowledges that Grantor may decide to lease/sell a portion of the Property or Easement Area for commercial development that is compatible with the terms of this Easement Deed and does not interfere with Grantee’s rights hereunder.

Grantee acknowledges that such development may include, but is not limited to, the construction of driveways, and vehicle and pedestrian ingress and egress access points from Bear Valley Road onto the Property through the Easement Area as well as construction of commercial buildings and accessory parking. For this purpose, Grantor reserves the right to potentially install a standard commercial paved

4 driveway, driveway approach and pedestrian walking paths within the hatched area depicted on Exhibit “D” (“Reserved Access Corridor”). Other than as specified in Grantee's rights hereunder, the Grantor shall not be limited from carrying out such commercial development, or otherwise selling or leasing the Property for others to do the same.
l. Grantor agrees to inform any potential purchasers or lessors of the Property, or any portion thereof, about this Temporary Construction Easement.

6. Easement As-Is. The Easement Area is conveyed by the Grantor to the Grantee, and the Grantee hereby agrees that this Temporary Construction Easement permitting use of the Easement Area is conveyed to the Grantee, AS IS, WHERE IS, and WITH ALL FAULTS, and that the GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES

WHATSOEVER, EXPRESS OR IMPLIED (INCLUDING THOSE IMPLIED BY THE TERMS “GRANT,” “CONVEY,” OR “DEED,” OR THOSE IMPLIED BY ANY OTHER

TERM HEREIN), OR ARISING BY OPERATION OF LAW WITH RESPECT TO THE

TITLE, MAINTENANCE, REPAIR OR CONDITION OF THE EASEMENT AREA, INCLUDING, WITHOUT LIMITATION: (i) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF HABITABILITY; (iii) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iv) ANY IMPLIED OR EXPRESS

WARRANTY OF CONFORMITY TO STATUTES, CODES, REGULATIONS, DRAWINGS, PLANS OR SPECIFICATIONS; (v) ANY IMPLIED OR EXPRESS

WARRANTY OF PRIORITY OVER ANY DEEDS OF TRUST, GROUND LEASES OR

OTHER ENCUMBRANCES (INCLUDING, WITHOUT LIMITATION , CLAIMS BY

THIRD PARTIES OF RIGHTS TO A PRESCRIPTIVE EASEMENT IN THE EASEMENT AREA); AND (vi) ANY CLAIM FOR DAMAGES BECAUSE OF

DEFECTS, WHETHER LATENT OR PATENT, KNOWN OR UNKNOWN, WITH

RESPECT TO THE EASEMENT AREA, IT BEING THE EXPRESS INTENTION OF

THE PARTIES THAT THE EASEMENT AREA BE CONVEYED TO, AND

ACCEPTED BY, GRANTEE IN ITS PRESENT CONDITION AND STATE OF REPAIR.

7. Construction and Maintenance.
a. All use of, or work performed in the Easement Area must comply with applicable federal and state statutes, codes, standards and regulations and local laws, codes, ordinances, standards and regulations and comply with industry standards and best construction practices. Grantee and Grantee’s Affiliates shall use due care in the use of the Temporary Construction Easement, including, but not limited to, protecting the public from personal injuries, including death, that may arise from construction activities on the Easement Area.
b. Grantee will, at its sole cost and expense, maintain the Temporary Construction Easement in good condition and repair at all times. Grantee shall maintain the Easement Area to be clear and free from any trash, rubbish, brush, debris, waste, weeds, excess dust and any Hazardous Materials as defined herein, and maintained

5 in the same or similar condition it was upon entering into this Temporary Construction Easement.
c. Grantee will, at its sole cost and expense, repair any damage to the Property or the Easement Area that arises from its use of, or activities undertaken on the Easement Area.
d. Upon the termination of this Temporary Construction Easement, Grantee, at its sole cost and expense, shall promptly restore the Easement Area to substantially the same condition as existed before this Temporary Construction Easement was entered into to the extent feasible, including restoration to finished grade conditions and surface elevations consistent with the existing grading and surface elevations of the area immediately adjacent to the Easement Area. Grantee, at its sole cost and expense, shall promptly remove all trash, rubbish, debris, waste, and ensure appropriate disposal of same.

8. Third Party Indemnity. Grantee and Grantee’s Affiliates agree to indemnify, defend (by counsel reasonably acceptable to the Grantor), and hold harmless the Grantor, and its Board of Trustees, officers, employees, agents, contractors, and representatives from and against any and all claims, demands, suits, proceedings, judgments, fines, penalties, encumbrances, liens, injuries, damages of any type whatsoever (whether foreseeable or unforeseeable), costs and expenses (including, without limitation, any litigation expenses and experts' or attorneys' fees), liabilities, or losses (collectively, the "Liabilities"), to the extent arising out of or in connection with or relating to:
a. The Project;
b. The Temporary Construction Easement or the Easement Area; c. The acts or omissions of the Grantee or Grantee’s Affiliates; d. The use of the Temporary Construction Easement or the Easement Area. e. Work or activities performed on the Temporary Construction Easement by Grantee or Grantee’s Affiliates;
f. The non-performance, breach, or violation by Grantee or Grantee’s Affiliates of any term or condition of this Temporary Construction Easement;
g. The Grantee’s or Grantee’s Affiliates’ exercise of rights or performance of obligations under this Temporary Construction Agreement; h. Any claims made by persons or entities that performed work for the Project or supplied materials used on the Project, stop payment notices or related claims; and/or,

6 i. Any handling of Hazardous Materials (as hereinafter defined) by the Grantee or Grantee’s Affiliates, or release of Hazardous Materials on the Easement Area by Grantee or Grantee’s Affiliates. Grantee shall not be responsible for the release of Hazardous Materials in, on, or under the Easement Area occurring before the Effective Date of this Easement Deed.

For the purposes of this Easement Deed, “Hazardous Materials” means each and every element, compound, chemical mixture, contaminant, pollutant, material, waste or other substance that is defined, determined or identified as hazardous or toxic under any applicable environmental law or regulation.

Grantee and Grantee’s Affiliates’ obligations under this section shall not be limited or otherwise affected by the amount or the availability of the insurance required herein, or by the amount or the availability of any other insurance. This indemnity shall not be limited by any defense or limitation of damages relating to worker’s compensation claims that Grantee or Grantee’s Affiliates could assert against the claimant. For the purposes of this Easement Deed, the indemnity obligations outlined in this shall not include Liabilities caused by the sole negligence or willful misconduct of the Grantor.

9. Release. The Grantee, for itself and Grantor’s Affiliates, hereby releases the Grantor, and its Board of Trustees, officers, employees, agents, contractors, consultants, invitees, representatives, successors, and assigns, from any and all Liabilities to the extent arising out of or in connection with or relating to:
a. The Project;
b. Temporary Construction Easement or Easement Area;
c. The acts or omissions of the Grantee or Grantee’s Affiliates; d. Any work or activities performed on the Temporary Construction Easement by Grantee or Grantee’s Affiliates;
e. The maintenance of any public utilities located on the Temporary Construction Easement;
f. The non-performance, breach, or violation by Grantee of any term or condition of this Temporary Construction Easement;
g. Any claims made by persons or entities that performed work for the Project or supplied materials used on the Project, stop payment notices or related claims; and/or,
h. Any handling of Hazardous Materials (as hereinafter defined) by the Grantee or Grantee’s Affiliates, or the release of Hazardous Materials on the Easement Area by Grantee or Grantee’s Affiliates

7 10. Insurance. The Grantee represents that it carries, will continue to carry, and will ensure that Grantee’s Affiliates carry, commercial general liability insurance in an amount not less than $5,000,000 per occurrence for bodily injury and property damage and $10,000,000 annual aggregate for the entire duration of the Temporary Construction Easement, or evidence of a self-insurance program with similar coverage. Commercial Automobile Liability Insurance shall have limits of not less than $2,000,000 per accident. This insurance must cover liability arising out of or in connection with the operation, use, loading, or unloading of a motor vehicle assigned to or used in connection with work to be performed on the Easement Area including, without limitation, owned, hired, and nonowned motor vehicles. Upon Grantor’s request, Grantee and its Affiliates shall furnish Grantor with copies of certificates of insurance from duly licensed insurance companies reasonably acceptable to Grantor showing all premiums required to be paid on the policy to have been paid and showing the insurance to be in full force and effect, such policy to provide coverage against any claim arising from the death or of injury to persons or from property damage caused by each such Grantee or any of Grantee’s Affiliates.

11. Successors and Assigns. This Temporary Construction Easement will be binding on the Parties and their respective successors. In no event may the Grantee sell, transfer, assign or encumber the rights or obligations conveyed by this Temporary Construction Easement or the Grantee's interest under this Temporary Construction Easement without the consent of Grantor which consent shall not be unreasonably withheld.

12. Breach, Restoration, and Remedies.
a. Injunctive and Other Relief: The Parties further intend that, should any Party undertake, or cause to be undertaken, any activity in violation of this Temporary Construction Easement, or refuse after reasonable notice from the other Party to stop any activity in violation of this Temporary Construction Easement, then the other Party will have the right to obtain injunctive relief or writs from courts of competent jurisdiction in the County of San Bernardino, State of California, to stop any prohibited activity. The Parties will have the right to seek temporary restraining orders, preliminary injunctions, and similar provisional, equitable relief in a court of competent jurisdiction, provided that the Party seeking such relief has: (i) determined in good faith that the breach or threatened breach requires such immediate relief; and (ii) given the other Party notice and an opportunity to cure such breach or threatened breach. In no event will this prohibit either party from seeking additional remedies, including damages, if any. b. Delay in Enforcement: Enforcement of the terms and provisions of this Easement Deed will be at the discretion of the Grantor or the Grantee. Any forbearance on behalf of the Grantor or the Grantee to exercise its rights hereunder in the event of any breach by the other Party or its respective assigns or successors will not be deemed or construed to be a waiver of that Party's rights hereunder in the event of any subsequent breach.

8 13. Liens. The Grantee will ensure that no lien is placed upon the Easement Area or the Property. If such a lien is placed upon the Easement Area or the Property, the Grantee will immediately cause it to be removed at the Grantee’s sole cost and expense.

14. Miscellaneous.
a. No Third-Party Beneficiaries: The Parties agree that no governmental agency, person, or entity other than the Parties themselves will have the right to enforce any of the terms or provisions of this Temporary Construction Easement, it being intended that there be no third-party beneficiaries of this Temporary Construction Easement.
b. Governing Law: This Temporary Construction Easement will be governed by and construed in accordance with California law.
c. Entire Agreement: This Temporary Construction Easement sets forth the entire agreement and understanding between the Parties with respect to the subject matter of this Temporary Construction Easement. d. Attorneys' Fees and Enforcement Costs of Suits: In the event of any action or proceeding between the Parties to enforce any provision of this Temporary Construction Easement the losing Party will pay to the prevailing Party all costs and expenses, including, without limitation, reasonable attorneys’ fees and expenses, incurred in such action and in any appeal in connection therewith by such prevailing Party. e. Notices: All notices, requests, demands, or other communications under this Temporary Construction Easement will be in writing and notice will be sufficiently given for all purposes when provided as follows:

Personal Delivery: When personally delivered to the recipient, notice is effective upon delivery; First Class Mail: When mailed first class to the last address of the recipient known to the Party giving notice: notice is effective after three (3) mail delivery days of being deposited in a United States Postal Service office or mailbox;
Certified Mail: When mailed by certified mail, with return receipt requested: notice is effective upon receipt, if delivery is confirmed by a return receipt; Overnight Delivery: When delivered by an overnight delivery service, with charges prepaid or charged to sender's account: notice is effective upon delivery, if delivery is confirmed by the delivery service; or
In all cases where notice is required a courtesy email notice will also be provided to the individuals identified below.

9 In the case of notifications to the Parties, addresses for the purpose of giving notice hereunder are as follows:

Victor Valley Community College District
Attn: Eric Vreeman, VP Administrative Services
[email protected]
Estela Wansten, Administrative Secretary II, Facilities Construction & Administrative Services
[email protected]
18422 Bear Valley Road
Administration Building 10
Victorville, California 92395
Telephone: (760) 245-4271
Town of Apple Valley
Attn: Douglas B. Robertson, Town Manager
14955 Dale Evans Parkway
Apple Valley, California 92307
[email protected]
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the Party to be notified will be deemed effective as of the first date the notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service. Each Party must provide advance written notice to the other of any change to its contact information (i.e., address, telephone number, or email address).
f. Modification; Severability; Waiver; Survival: This Easement Deed may not be modified or altered except in writing and signed by both Parties. If any part of this Temporary Construction Easement is found to be in conflict with applicable laws or regulations, that part will be inoperative, null, and void insofar as it is in conflict; however, the remainder of the Temporary Construction Easement will remain in full force and effect. The failure by one Party to enforce or require the other Party's full compliance with the terms and provisions of this Easement Deed will not constitute a waiver of its right to do so in the future, nor will it release the other party from its responsibilities under this Temporary Construction Easement. A Party's consent to or approval of any act by the other Party, which act requires the first Party's consent or approval, will not be construed to waive or render unnecessary the first Party's consent to or approval of subsequent acts. A waiver of rights under this Temporary Construction Easement will only be valid if it is clearly set forth in writing. The covenants, agreements and indemnities of the parties set forth in this Temporary Construction Easement shall survive any termination of this Temporary Construction Easement.

10 g. No Fee Interest Transferred: Nothing in this Temporary Construction Easement shall be construed as transferring any fee interest in the Easement Area or the Property to the Grantee.

IN WITNESS WHEREOF, the Parties have executed this Temporary Construction Easement on the dates set forth below:

VICTOR VALLEY COMMUNITY COLLEGE DISTRICT
By:

Name:

Title:

Date:

TOWN OF APPLE VALLEY
By:

Name:

Title:

Date:

ATTEST:

By:

Name:

Title:

Date:

APPROVED AS TO FORM:

By:

Name:

Title:

Date:
1210-102/7171727.1

ALL CAPACITY ACKNOWLEDGMENT
Rev. 01/01/2015
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.

STATE OF

COUNTY OF
On before me, , (Date) (Name and title of the officer)

personally appeared _______________________________________________________ _ , (Name of person signing) 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 of officer
(Seal)

CALIFORNIA SAN BERNARDINO

ALL CAPACITY ACKNOWLEDGMENT
Rev. 01/01/2015
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.

STATE OF

COUNTY OF
On before me, , (Date) (Name and title of the officer)

personally appeared _______________________________________________________ _ , (Name of person signing) 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 of officer
(Seal)

CALIFORNIA SAN BERNARDINO

Exhibit “A” to Temporary Construction Easement
(Legal Description)

EXHIBIT "A"

LEGAL DESCRIPTION

TEMPORARY CONSTRUCTION
APN: 0482-022-06
BEING A PORTION OF WEST 1/2 OF SECTION 36, TOWNSHIP 5 NORTH, RANGE 4 WEST, SAN

BERNARDINO 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 IN BOOK 5775, PAGE 258, OFFICIAL RECORDS OF

SAID COUNTY AND PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION;
THENCE NORTH 89°09'11" EAST ALONG THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 524.04 FEET,
THENCE NORTH 0005049" WEST, A DISTANCE OF 32.00 FEET TO A POINT 32.00 FEET

NORTHERLY OF THE SOUTH LINE OF SAID SECTION ALSO BEING THE ON THE EASTERLY LINE OF PARCEL 2 AS DESCRIBED IN DEED TO THE COUNTY OF SAN BERNARDINO, RECORDED MAY 31, 1961 IN BOOK 5444, PAGE 71 OF OFFICIAL RECORDS OF SAID COUNTY AND THE TRUE

POINT OF BEGINNING,
THENCE NORTH 89°09'11" EAST PARALLEL WITH AND 32.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 60.41 FEET,
THENCE SOUTH 00°5049" EAST, A DISTANCE OF 8.00 FEET TO A POINT 24.00 FEET NORTHERLY

OF THE SOUTH LINE OF SAID SECTION,
THENCE NORTH 89°09'11" EAST PARALLEL WITH AND 24.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 781.84 FEET
THENCE SOUTH 00°50'49" EAST, A DISTANCE OF 18.00 FEET TO A POINT 6.00 FEET NORTHERLY

OF THE SOUTH LINE OF SAID SECTION,
THENCE NORTH 89°09'11" EAST PARALLEL VV1TH AND 6.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 353.72 FEET TO THE EASTERLY LINE OF SAID

DESCRIBE LAND,
THENCE NORTH 00°5056" WEST ALONG THE EASTERLY LINE OF SAID DESCRIBED LAND, A DISTANCE OF 61.00 FEET TO A POINT 67.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID

SECTION,
THENCE SOUTH 89'09'11" WEST PARALLEL WITH AND 67.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 352.38 FEET
THENCE NORTH 00°50'49" WEST, A DISTANCE OF 109.00 FEET TO A POINT 176.00 FEET

NORTHERLY OF THE SOUTH LINE OF SAID SECTION,
THENCE SOUTH 89°09'11" WEST, PARALLEL WITH AND 176.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 293.50 FEET
THENCE SOUTH 44°08'58" WEST, A DISTANCE OF 158.38 FEET TO A POINT 64.00 FEET

NORTHERLY OF THE SOUTH LINE OF SAID SECTION,
THENCE SOUTH 89°0911" WEST PARALLEL WITH AND 64.00 FEET NORTHERLY OF SAID SECTION LINE, A DISTANCE OF 449.53 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 2,

vAplans\dokken eneineering\add topo files\new legals\0482-022-06 apn 0482-022-06 temp constdoc

THENCE SOUTH 20°30'19" EAST ALONG THE EASTERLY LINE OF SAID PARCEL 2, A DISTANCE OF 33.98 FEET TO A POINT 32.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION TO THE TRUE POINT OF BEGINNING.

CONTAINING 2.160 ACRES, MORE OR LESS.

SEE EXHIBIT "B" ATTACHED HERETO AND MADE APART HEREOF.

LUDVVIG ENGINEERING ASSOCIATES, INC.

PREPARED BY ME OR UNDER MY SUPERVISION
3-01-2022
Glen L Ludwig, RCE 13191 Date

v:\plans\dokken engineering\add topo files\new legals\0482-022-06\apn 0482-022-06 temp const.doc

Exhibit “B” to Temporary Construction Easement
(Diagram of Easement Area)

APN: 0482-022-06
NAM 2
131( aeee. Pe. 7119 CD.R.

S20° 30' 19"E 33.98'
N89° 09' 11E 60.41'—
T.P.O.B.—
Ia 5775 Pe. 25 O.

S89°
EASTERLY LINE OF PARCEL 2
S44° 08' 58'W
158.38'
09' 11W 449.53' -
o
o
EASTERLY LINE OF BK.5775, PG. 75, O.R.
--1S89° 09' 11nW
CD
N89° 09' 11"E 781.84'
293.50'
N89° 09' 11"E 524.04'
NOO° 50' 49"W 32.00'
P.O.C.

SW CORNER SEC. 36
500° 50' 49"E 8.00'

SOUTH LINE OF
SECTION 36 BEAR VALLEY CUTOFF
NOO° 50' 49"W
109.00'
Lo
S89° 09' 11"W
352.38'
353.72'
t N89' 09' 11"E t
NOO° 50' 56"W 61.00'
SOO° 50' 49E 18.00'
PlePuEIS Sn SON 31AIS 101d 1,663 ow.,190-ZLO-Z81,0 V« OE 6E L ZLOG L 6.EIAI ,,ePuDVY 3011110 Id omP .161‘d Ellran60e63 66061\9..alm.N154.4 0001 PPM9Ni0d3N19N Nd)61001sue1a6.A MANN 9 NOI1V90 I .1.03r021, Page 153 of 253 Exhibit “C” to Temporary Construction Easement
(Access Diagram)

ANN' 0482-022-06 VICTOR VALLEY COI/UNITY
'COLLEGE DISTRICT
—
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PAP( i INGRESS AND EGRESS DURING
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ACCESS AND MAINTENANCE EASEMENT
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TOWN OF APPLE VALLEY CONSTRUCTION ACCESS

BEAR VALLEY ROAD BRIDGE OVER THE MOJAVE RIVER

REHABILITATION PROJECT

Exhibit “D” to Temporary Construction Easement
(Reserved Access Corridor)

CLEAN AIR /

VAN POOL /
E.V.

CLEAN AIR / VAN POOL / E.V. CLEAN AIR / VAN POOL / E.V. CLEAN AIR / VAN POOL / E.V.

CLEAN AIR / VAN POOL / E.V. CLEAN AIR / VAN POOL / E.V.

CLEAN AIR /
VAN POOL / E.V. CLEAN AIR / VAN POOL / E.V. EXHIBIT "D" RESERVED ACCESS CORRIDOR (TWO SEPARATE AREAS SIZED +/- 28.0' WIDE BY +/- 134.0' LONG)

TEMPORARY CONSTRUCTION EASEMENT DEED
This Temporary Construction Easement (“Easement Deed”) is made and entered into as of , 2025 (“Effective Date”), by and between the Victor Valley Community College District (“Grantor”), and the Town of Apple Valley, an incorporated town (“Grantee”), each of which may also be identified individually herein as a “Party” or collectively as the “Parties.” WHEREAS, the District is the owner ofthat real property located in the City ofVictorville, County of San Bernardino, State ofCalifornia, and identified by Assessor’s Parcel Number 0482- 022-06 (the “Property”);
WHEREAS, the Grantee has requested a non-exclusive, temporary construction easement for construction purposes on, over, along and across a portion of the Property to enable performance of all activities reasonably necessary for the construction of the Bear Valley Road Bridge over the Mojave River Rehabilitation project (“Project”) through five years from the Effective Date.

WHEREAS, the District wishes to grant the requested non-exclusive, temporary construction easement on, over, along and across that certain portion of the Property more particularly described in the legal description attached hereto as Exhibit “A” and depicted on the drawing attached hereto as Exhibit “B” (hereafter, the “Easement Area”) subject to the conditions set forth herein. All Exhibits are incorporated into this Easement Deed as though completely set forth herein.

NOW, THEREFORE, in consideration ofthe mutual promises set forth herein and for other valuable consideration, the receipt and sufficiency ofwhich are hereby acknowledged, the Parties agree as follows:

1. 2.

Grant of Access and Maintenance Easement. Subject to the requirements, conditions and covenants set forth herein, the Grantor hereby grants and conveys to the Grantee, a non-exclusive, temporary construction easement, beginning on the Effective Date through the Expiration Date, to enable the performance of all activities reasonably necessary for the construction of the Bear Valley Road Bridge over the Mojave River Rehabilitation project (“Project”), on, over, along and across the Easement Area totaling 94,105 sq. ft. /

2.160 acres (“Temporary Construction Easement”) on the terms and conditions, set forth below. These requirements, conditions and covenants shall extend to the work directed or performed by Grantee and its employees, agents, representatives, contractors, subcontractors, consultants, and invitees collectively referred to herein as “Grantee Affiliates.” Grantee shall make certain that Grantee’s Affiliates are aware of, and agree to, the terms and conditions set forth herein.

Termination of Temporary Construction Easement. This Temporary Construction Easement shall begin on the Effective Date of this Easement Deed and terminate on the earlier of (a) the date upon which Grantee notifies Grantor that it no longer needs the Temporary Construction Easement or (b) five years from the Effective Date (“Expiration Date”). On or before the Expiration Date, Grantee shall record a reconveyance of the Temporary Construction Easement rights granted herein. If Grantee fails to record the 1

reconveyance within thirty (30) business days of the Expiration Date, Grantor may file suit for specific performance, ejectment, trespass, nuisance, writ of mandate, mandatory injunction and for damages. In any such suit, Grantor will be entitled to all reasonable attorneys’ fees, expert fees and costs.

3. Payment For Temporary Construction Easement. The Grantee shall pay Grantor $225,270 in consideration for this Temporary Construction Easement. Payment is due into escrow within ten (10) business days ofBoard approval ofthis Agreement.

4. Possession and Use Agreement. Grantor and Grantee agree that the December 13, 2022 Possession and Use Agreement and all rights and obligations thereunder terminate on the date escrow closes on the Purchase and Sale Agreement for this Temporary Construction Easement.

5. Conditions of Grant.

The Temporary Construction Easement is granted on the conditions set forth in this agreement between the Grantor, Grantee and Grantee’s Affiliates, including, but not limited to the following conditions:
a.
b.
c.
d.
e.

Grantee shall give the Grantor fourteen (14) business days’ notice before use ofthe Easement Area begins. For purposes of notice, the Grantor shall be notified via email at the following addresses: Eric Vreeman: [email protected]; Telephone (760) 245-4271 and Estela Wansten: [email protected]. Before starting work, Grantee shall provide Grantor with the contact information for all supervising individuals who are responsible for overseeing the work to be performed by Grantee or Grantee’s Affiliates on the Easement Area pursuant to this Temporary Construction Easement. Should the supervising individuals change over the term of the Easement, Grantor shall be provided with the contact information for the new supervising individual. For avoidance of doubt, the intent here is to provide the Grantor with the most current contact information in case the need arises for communications between the Grantor and Grantee.

The Grantee and the Grantee’s Affiliates are not permitted to enlarge or increase the size ofthe Easement Area without the written consent ofthe Grantor.

Grantor reserves the right of full use of the Easement Area provided such uses do not substantially interfere with Grantee’s (or Grantee’s Affiliates) use of the Temporary Construction Easement. In the event of a conflict, the Parties agree to make reasonable efforts to coordinate use ofthe Easement Area.

Grantor reserves the right to permit others to use and/or occupy the Easement Area as long as such uses do not substantially interfere with Grantee’s (or Grantee’s Affiliates) use.

Grantee’s use of the Temporary Construction Easement shall include the right to enter the Easement Area through the primary access point on Bear Valley Road, as identified in Exhibit “C”. While road improvements are being made along Bear 2

Valley Road as part of the Bear Valley Road Bridge Over The Mojave River Rehabilitation Project, the Easement Area may also be accessed along Bear Valley Road as indicated on Exhibit “C”. In the event that public roads and driveways are ultimately developed, Grantee may use such access routes as well. f. This grant does not include the right to construct improvements on the Easement Area or permanently store materials or equipment on the Easement Area, including excavated soils, supplies or hazardous materials. Unless pre-approved by the Grantor, the Easement Area may not be used as a staging area for materials not being installed within the Easement Area. In no event shall such staging create an unsightly or attractive nuisance.
g- Grantee and Grantee’s Affiliates activities and use of the Temporary Construction Easement shall not impact or impede the Grantor’s use of the remainder of the Property. Grantee and Grantee’s Affiliates shall not impact or impede the operations of the Christmas tree vendor that occupies the area of the Property located to the northwest ofthe Easement Area each year from October 1 to January

1. h. Grantee and Grantee’s Affdiates shall make all reasonable efforts to contain and control dust arising from construction activities on the Easement Area. Grantee will install a temporary chain link construction fence on the entire northern border ofthe Easement Area for the purpose of dust reduction and use all recognized best practices and standards in the industry to reduce dust arising from construction activities.
i. Grantee and Grantee’s Affdiates are responsible for keeping the easement area in a safe and clean condition. Grantee and Grantee’s Affdiates shall implement all industry standards and undertake all recognized best practices to protect the public from personal injuries that could arise from Grantee’s and Grantee’s Affdiates’ activities on the Easement Area.

J. Grantee shall keep the Easement Area free from explosives, combustible material, and any and all other hazards or obstructions of any kind. Fire and other emergency vehicle access to the Easement Area will be maintained at all times. Grantee shall not create or contribute to a dangerous or hazardous condition or a nuisance or commit a waste on the Easement Area or permit any of these conditions to exist after receiving knowledge ofthe same.
k. Grantee acknowledges that Grantor may decide to lease/sell a portion of the Property or Easement Area for commercial development that is compatible with the terms ofthis Easement Deed and does not interfere with Grantee’s rights hereunder.

Grantee acknowledges that such development may include, but is not limited to, the construction of driveways, and vehicle and pedestrian ingress and egress access points from Bear Valley Road onto the Property through the Easement Area as well as construction of commercial buildings and accessory parking. For this purpose.

Grantor reserves the right to potentially install a standard commercial paved 3

driveway, driveway approach and pedestrian walking paths within the hatched area depicted on Exhibit “D” ("Reserved Access Corridor"). Other than as specified in Grantee's rights hereunder, the Grantor shall not be limited from carrying out such commercial development, or otherwise selling or leasing the Property for others to do the same.

1. Grantor agrees to inform any potential purchasers or lessors ofthe Property, or any portion thereof, about this Temporary Construction Easement.

6. Easement As-Is. The Easement Area is conveyed by the Grantor to the Grantee, and the Grantee hereby agrees that this Temporary Construction Easement permitting use of the Easement Area is conveyed to the Grantee, AS IS, WHERE IS, and WITH ALL FAULTS, and that the GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES

WHATSOEVER, EXPRESS OR IMPLIED (INCLUDING THOSE IMPLIED BY THE TERMS “GRANT,” “CONVEY,” OR “DEED,” OR THOSE IMPLIED BY ANY OTHER

TERM HEREIN), OR ARISING BY OPERATION OF LAW WITH RESPECT TO THE

TITLE, MAINTENANCE, REPAIR OR CONDITION OF THE EASEMENT AREA, INCLUDING, WITHOUT LIMITATION: (i) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY; (ii) ANY IMPLIED OR EXPRESS WARRANTY OF HABITABILITY; (iii) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iv) ANY IMPLIED OR EXPRESS

WARRANTY OF CONFORMITY TO STATUTES, CODES, REGULATIONS, DRAWINGS, PLANS OR SPECIFICATIONS; (v) ANY IMPLIED OR EXPRESS

WARRANTY OF PRIORITY OVER ANY DEEDS OF TRUST, GROUND LEASES OR

OTHER ENCUMBRANCES (INCLUDING, WITHOUT LIMITATION , CLAIMS BY

THIRD PARTIES OF RIGHTS TO A PRESCRIPTIVE EASEMENT IN THE EASEMENT AREA); AND (vi) ANY CLAIM FOR DAMAGES BECAUSE OF

DEFECTS, WHETHER LATENT OR PATENT, KNOWN OR UNKNOWN, WITH

RESPECT TO THE EASEMENT AREA, IT BEING THE EXPRESS INTENTION OF

THE PARTIES THAT THE EASEMENT AREA BE CONVEYED TO, AND

ACCEPTED BY, GRANTEE IN ITS PRESENT CONDITION AND STATE OF REPAIR.

7. Construction and Maintenance.
a.
b.

All use of, or work performed in the Easement Area must comply with applicable federal and state statutes, codes, standards and regulations and local laws, codes, ordinances, standards and regulations and comply with industry standards and best construction practices. Grantee and Grantee’s Affiliates shall use due care in the use of the Temporary Construction Easement, including, but not limited to, protecting the public from personal injuries, including death, that may arise from construction activities on the Easement Area.

Grantee will, at its sole cost and expense, maintain the Temporary Construction Easement in good condition and repair at all times. Grantee shall maintain the Easement Area to be clear and free from any trash, rubbish, brush, debris, waste, weeds, excess dust and any Hazardous Materials as defined herein, and maintained 4

in the same or similar condition it was upon entering into this Temporary Construction Easement.

C.
d.

Grantee will, at its sole cost and expense, repair any damage to the Property or the Easement Area that arises from its use of, or activities undertaken on the Easement Area.

Upon the termination ofthis Temporary Construction Easement, Grantee, at its sole cost and expense, shall promptly restore the Easement Area to substantially the same condition as existed before this Temporary Construction Easement was entered into to the extent feasible, including restoration to finished grade conditions and surface elevations consistent with the existing grading and surface elevations of the area immediately adjacent to the Easement Area. Grantee, at its sole cost and expense, shall promptly remove all trash, rubbish, debris, waste, and ensure appropriate disposal ofsame.

8. Third Party Indemnity. Grantee and Grantee’s Affiliates agree to indemnify, defend (by counsel reasonably acceptable to the Grantor), and hold harmless the Grantor, and its Board of Trustees, officers, employees, agents, contractors, and representatives from and against any and all claims, demands, suits, proceedings, judgments, fines, penalties, encumbrances, liens, injuries, damages of any type whatsoever (whether foreseeable or unforeseeable), costs and expenses (including, without limitation, any litigation expenses and experts' or attorneys' fees), liabilities, or losses (collectively, the "Liabilities"), to the extent arising out of or in connection with or relating to:
a. The Project;
b. The Temporary Construction Easement or the Easement Area; c. The acts or omissions ofthe Grantee or Grantee’s Affiliates; d. The use ofthe Temporary Construction Easement or the Easement Area. e. Work or activities performed on the Temporary Construction Easement by Grantee or Grantee’s Affiliates;
f. The non-performance, breach, or violation by Grantee or Grantee’s Affiliates of any term or condition of this Temporary Construction Easement;
g- The Grantee’s or Grantee’s Affiliates’ exercise of rights or performance of obligations under this Temporary Construction Agreement; h. Any claims made by persons or entities that performed work for the Project or supplied materials used on the Project, stop payment notices or related claims; and/or,
5

1. Any handling of Hazardous Materials (as hereinafter defined) by the Grantee or Grantee’s Affiliates, or release of Hazardous Materials on the Easement Area by Grantee or Grantee’s Affiliates. Grantee shall not be responsible for the release of Hazardous Materials in, on, or under the Easement Area occurring before the Effective Date ofthis Easement Deed.

For the purposes of this Easement Deed, “Hazardous Materials” means each and every element, compound, chemical mixture, contaminant, pollutant, material, waste or other substance that is defined, determined or identified as hazardous or toxic under any applicable environmental law or regulation.

Grantee and Grantee’s Affiliates’ obligations under this section shall not be limited or otherwise affected by the amount or the availability ofthe insurance required herein, or by the amount or the availability of any other insurance. This indemnity shall not be limited by any defense or limitation of damages relating to worker’s compensation claims that Grantee or Grantee’s Affiliates could assert against the claimant. For the purposes ofthis Easement Deed, the indemnity obligations outlined in this shall not include Liabilities caused by the sole negligence or willful misconduct ofthe Grantor.

9. Release. The Grantee, for itself and Grantor’s Affiliates, hereby releases the Grantor, and its Board of Trustees, officers, employees, agents, contractors, consultants, invitees, representatives, successors, and assigns, from any and all Liabilities to the extent arising out of or in connection with or relating to:
a. The Project;
b. Temporary Construction Easement or Easement Area;
c. The acts or omissions ofthe Grantee or Grantee’s Affiliates; d. Any work or activities performed on the Temporary Construction Easement by Grantee or Grantee’s Affiliates;
e. The maintenance of any public utilities located on the Temporary Construction Easement;
f. The non-performance, breach, or violation by Grantee of any term or condition ofthis Temporary Construction Easement;

8. Any claims made by persons or entities that performed work for the Project or supplied materials used on the Project, stop payment notices or related claims; and/or,
h. Any handling of Hazardous Materials (as hereinafter defined) by the Grantee or Grantee’s Affiliates, or the release of Hazardous Materials on the Easement Area by Grantee or Grantee’s Affiliates
6

10. Insurance. The Grantee represents that it carries, will continue to carry, and will ensure that Grantee’s Affiliates carry, commercial general liability insurance in an amount not less than $5,000,000 per occurrence for bodily injury and property damage and $10,000,000 annual aggregate for the entire duration of the Temporary Construction Easement, or evidence of a self-insurance program with similar coverage. Commercial Automobile Liability Insurance shall have limits of not less than $2,000,000 per accident. This insurance must cover liability arising out of or in connection with the operation, use, loading, or unloading of a motor vehicle assigned to or used in connection with work to be performed on the Easement Area including, without limitation, owned, hired, and nonowned motor vehicles. Upon Grantor’s request, Grantee and its Affdiates shall furnish Grantor with copies of certificates of insurance from duly licensed insurance companies reasonably acceptable to Grantor showing all premiums required to be paid on the policy to have been paid and showing the insurance to be in full force and effect, such policy to provide coverage against any claim arising from the death or of injury to persons or from property damage caused by each such Grantee or any of Grantee’s Affiliates.

11. Successors and Assigns. This Temporary Construction Easement will be binding on the Parties and their respective successors. In no event may the Grantee sell, transfer, assign or encumber the rights or obligations conveyed by this Temporary Construction Easement or the Grantee's interest under this Temporary Construction Easement without the consent of Grantor which consent shall not be unreasonably withheld.

12. Breach, Restoration, and Remedies.
a.
b.

Injunctive and Other Relief: The Parties further intend that, should any Party undertake, or cause to be undertaken, any activity in violation ofthis Temporary Construction Easement, or refuse after reasonable notice from the other Party to stop any activity in violation of this Temporary Construction Easement, then the other Party will have the right to obtain injunctive reliefor writs from courts ofcompetent jurisdiction in the County of San Bernardino, State of California, to stop any prohibited activity. The Parties will have the right to seek temporary restraining orders, preliminary injunctions, and similar provisional, equitable reliefin a court of competent jurisdiction, provided that the Party seeking such relief has: (i) determined in good faith that the breach or threatened breach requires such immediate relief; and (ii) given the other Party notice and an opportunity to cure such breach or threatened breach. In no event will this prohibit either party from seeking additional remedies, including damages, if any.

Delay in Enforcement: Enforcement of the terms and provisions of this Easement Deed will be at the discretion ofthe Grantor or the Grantee. Any forbearance on behalf of the Grantor or the Grantee to exercise its rights hereunder in the event of any breach by the other Party or its respective assigns or successors will not be deemed or construed to be a waiver ofthat Party's rights hereunder in the event of any subsequent breach. 7

13. Liens. The Grantee will ensure that no lien is placed upon the Easement Area or the Property. Ifsuch a lien is placed upon the Easement Area or the Property, the Grantee will immediately cause it to be removed at the Grantee’s sole cost and expense.

14. Miscellaneous.
a. No Third-Party Beneficiaries: The Parties agree that no governmental agency, person, or entity other than the Parties themselves will have the right to enforce any of the terms or provisions of this Temporary Construction Easement, it being intended that there be no third-party beneficiaries ofthis Temporary Construction Easement.
b. Governing Law: This Temporary Construction Easement will be governed by and construed in accordance with California law.
c. Entire Agreement: This Temporary Construction Easement sets forth the entire agreement and understanding between the Parties with respect to the subject matter ofthis Temporary Construction Easement.
d. Attorneys' Fees and Enforcement Costs of Suits: In the event of any action or proceeding between the Parties to enforce any provision of this Temporary Construction Easement the losing Party will pay to the prevailing Party all costs and expenses, including, without limitation, reasonable attorneys’ fees and expenses, incurred in such action and in any appeal in connection therewith by such prevailing Party. e. Notices: All notices, requests, demands, or other communications under this Temporary Construction Easement will be in writing and notice will be sufficiently given for all purposes when provided as follows:

Personal Delivery: When personally delivered to the recipient, notice is effective upon delivery; First Class Mail: When mailed first class to the last address of the recipient known to the Party giving notice: notice is effective after three (3) mail delivery days of being deposited in a United States Postal Service office or mailbox;
Certified Mail: When mailed by certified mail, with return receipt requested: notice is effective upon receipt, if delivery is confirmed by a return receipt; Overnight Delivery: When delivered by an overnight delivery service, with charges prepaid or charged to sender's account: notice is effective upon delivery, if delivery is confirmed by the delivery service; or
In all cases where notice is required a courtesy email notice will also be provided to the individuals identified below.
8

In the case of notifications to the Parties, addresses for the purpose of giving notice hereunder are as follows:

Victor Valley Community College District
Attn: Eric Vreeman, VP Administrative Services
[email protected]
Estela Wansten, Administrative Secretary II, Facilities Construction & Administrative Services
[email protected]
18422 Bear Valley Road
Administration Building 10
Victorville, California 92395
Telephone: (760)245-4271
Town ofApple Valley
Attn: Douglas B. Robertson, Town Manager
14955 Dale Evans Parkway
Apple Valley, California 92307
[email protected]
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission ofthe Party to be notified will be deemed effective as ofthe first date the notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service. Each Party must provide advance written notice to the other of any change to its contact information (i.e., address, telephone number, or email address).
f. Modification; Severability; Waiver; Survival: This Easement Deed may not be modified or altered except in writing and signed by both Parties. If any part ofthis Temporary Construction Easement is found to be in conflict with applicable laws or regulations, that part will be inoperative, null, and void insofar as it is in conflict; however, the remainder of the Temporary Construction Easement will remain in full force and effect. The failure by one Party to enforce or require the other Party's full compliance with the terms and provisions ofthis Easement Deed will not constitute a waiver of its right to do so in the future, nor will it release the other party from its responsibilities under this Temporary Construction Easement. A Party's consent to or approval of any act by the other Party, which act requires the first Party's consent or approval, will not be construed to waive or render unnecessary the first Party's consent to or approval of subsequent acts. A waiver of rights under this Temporary Construction Easement will only be valid if it is clearly set forth in writing. The covenants, agreements and indemnities of the parties set forth in this Temporary Construction Easement shall survive any termination of this Temporary Construction Easement.
9

8. No Fee Interest Transferred: Nothing in this Temporary Construction Easement shall be construed as transferring any fee interest in the Easement Area or the Property to the Grantee.

IN WITNESS WHEREOF, the Parties have executed this Temporary Construction Easement on the dates set forth below:

VICTOR VALL
By:

Name:

COMMUNITY COLLEGE DISTRICT
Daniel Walden, Ph.D.

SUPERINTENDENT/PRESIDENT
Title:

Date:

TOWN OF APPLE VALLEY
By;
Name:

Title:

Date:

ATTEST:

By:

Name:

Title:

Date:

APPROVED AS TO FORM:

By:

Name:

Title:

Date:
1210-102/7171727.1
10

ALL CAPACITY ACKNOWLEDGMENT
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.

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On March ' n/D--
2029 " I
Daniel (Date
before me,
Maria Wheeke, Public Nola
i(Name (Name and and titlefe of of the the officer) officer) personally appeared
of person signing)
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.

C
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 of officer
NJ
Oh
v
NW) vhma Jeeki
Maria D. Wheeler
COMM. #2441827
9) NOTARY PUBLIC - CALIFORNIA -
/ SAN BERNARDINO COUNTY L
My Camm. Expires Mar 20,2027 y
(Seal)
I
0 Rev. 01/01/2015

ALL CAPACITY ACKNOWLEDGMENT
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.

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On
(Date)
before me,
(Name and title of the officer)
personally appeared___________________________ _____ ______ __________________________________ ; (Name of person signing)
who proved to me on the basis of satisfactory evidence to be the personfs) 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 of officer
(Seal)
Rev. 01/01/2015

Exhibit “A” to Temporary Construction Easement
(Legal Description)

EXHIBIT “A”

LEGAL DESCRIPTION

TEMPORARY CONSTRUCTION
APN: 0482-022-06
BEING A PORTION OF WEST % OF SECTION 36, TOWNSHIP 5 NORTH, RANGE 4 WEST, SAN

BERNARDINO 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 IN BOOK 5775, PAGE 258, OFFICIAL RECORDS OF SAID COUNTY AND PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION;
THENCE NORTH 89°09’11" EAST ALONG THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 524.04 FEET;
THENCE NORTH 00°50'49" WEST, A DISTANCE OF 32.00 FEET TO A POINT 32.00 FEET

NORTHERLY OF THE SOUTH LINE OF SAID SECTION ALSO BEING THE ON THE EASTERLY LINE OF PARCEL 2 AS DESCRIBED IN DEED TO THE COUNTY OF SAN BERNARDINO, RECORDED MAY 31, 1961 IN BOOK 5444, PAGE 71 OF OFFICIAL RECORDS OF SAID COUNTY AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 89°09'11" EAST PARALLEL WITH AND 32.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 60.41 FEET;
THENCE SOUTH 00°50'49" EAST, A DISTANCE OF 8.00 FEET TO A POINT 24.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION;
THENCE NORTH 89°09’11" EAST PARALLEL WITH AND 24.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 781.84 FEET
THENCE SOUTH 00°50'49" EAST, A DISTANCE OF 18.00 FEET TO A POINT 6.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION;
THENCE NORTH 89°09'11" EAST PARALLEL WITH AND 6.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 353.72 FEET TO THE EASTERLY LINE OF SAID DESCRIBE LAND;
THENCE NORTH 00°50’56" WEST ALONG THE EASTERLY LINE OF SAID DESCRIBED LAND, A DISTANCE OF 61.00 FEET TO A POINT 67.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION;
THENCE SOUTH 89°09'11" WEST PARALLEL WITH AND 67.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 352.38 FEET
THENCE NORTH 00°50'49" WEST, A DISTANCE OF 109.00 FEETTO APOINT 176.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION;
THENCE SOUTH 89°09‘11" WEST, PARALLEL WITH AND 176.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 293.50 FEET;
THENCE SOUTH 44o08'58" WEST, A DISTANCE OF 158.38 FEET TO A POINT 64.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION;
THENCE SOUTH 89°09'11” WEST PARALLEL WITH AND 64.00 FEET NORTHERLY OF SAID SECTION LINE, A DISTANCE OF 449.53 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 2;

v:\plans\dokken engineering\add topo files\new legals\0482-022-06\apn 0482-022-06 temp const.doc

THENCE SOUTH 20°30'19" EAST ALONG THE EASTERLY LINE OF SAID PARCEL 2, A DISTANCE OF 33.98 FEET TO A POINT 32.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION TO THE TRUE POINT OF BEGINNING.

CONTAINING 2.160 ACRES, MORE OR LESS.

SEE EXHIBIT “B” ATTACHED HERETO AND MADE APART HEREOF.

LUDWIG ENGINEERING ASSOCIATES, INC.

PREPARED BY ME OR UNDER MY SUPERVISION
Glen L Ludwig, RCE 13191/
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Exhibit “B” to Temporary Construction Easement
(Diagram of Easement Area)

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PARCEL 2
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EASTERLY LINE OF PARCEL 2
S44° 08' 58"W
158.38’
1 S20° 30' 19"E 33.98’
N89° 09' 11”E 60.41—
T.P.O.B.

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S89°l09' 11”W 449.53'
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N89°09'11"E 524.04'
N00° 50' 49"W 32.00'-
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(Access Diagram)

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Town Council Agenda Report
Date: April 8, 2025
To: Honorable Mayor and Town Council
Subject: ACCEPT THE FINAL MAP FOR PARCEL MAP NO. 20473
WOODSTONE INVESTMENT COMPANIES, INC.

From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Approve the final map, securities and agreement for Parcel Map No. 20473 subject to approval as to form by the Town Attorney and as to content by the Town Manager.

BACKGROUND
The applicant, Wood Investment Companies, Inc. has complied with all Conditions of Approval required on Tentative Parcel Map No. 20473. The referenced project proposes to subdivide 8.25 acres into five (5) parcels within the General Commercial (C-G) zone.

A location map and a copy of the parcel map are attached to this report. The Planning Commission approved the tentative parcel map on August 2, 2023.

ANALYSIS
The applicant has not completed all required improvements but, as allowed by the Conditions of Approval, has signed an Agreement for Construction of Improvements and provided bonds to guarantee completion of these improvements. The Town Attorney has reviewed and approved the agreement and bond package. The bond amounts provided are indicated below:

Improvement Performance Bond Labor & Material Bond
Street Improvements $1,035,380 $517,690
Sewer Improvements $876,695 $438,347
Landscaping $48,827 $24,413
Survey Monuments $15,000 (Cash Deposit Only)

1-year Warranty Bond
Water Improvements $362,557 N/A
Staff recommends that the Town Council accept the Final Map, Securities, and Agreements for Parcel Map No. 20473.

FISCAL IMPACT
No fiscal impact. The applicant has paid all fees to process the map.

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

Location Map

PARCEL MAP NO. 20473

IN THE TOWN OF APPLE VALLEY,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
BEING A SUBDIVISION OF GOVERNMENT LOT 2 AND THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 4 NORTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE OFFICE OF THE RECORDER OF SAID COUNTY.

TAIT & ASSOCIATES, INC. NOVEMBER, 2023
AUDITOR'S CERTIFICATE:

I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THE OFFICE, AS OF THIS DATE, THERE ARE

NO LIENS AGAINST THE REAL PROPERTY SHOWN UPON THIS MAP FOR UNPAID STATE, COUNTY,

MUNICIPAL, OR LOCAL TAXES, SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS, NOT YET PAYABLE, ESTIMATED TO BE $ . ENSEN MASON

COUNTY AUDITOR/CONTROLLER/TREASURER/TAX COLLECTOR

COUNTY OF SAN BERNARDINO
BY: DEPUTY DATE
SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE:

THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER , THIS DAY OF , 20 , AT .M. IN BOOK

OF AT PAGE , AT THE REQUEST
OF , IN THE AMOUNT OF $ . BOB DUTTON

ASSESSOR-RECORDER-COUNTY CLERK

COUNTY OF SAN BERNARDINO
BY:

DEPUTY RECORDER
SIGNATURE OMISSIONS:

PURSUANT TO SECTION 66436(A)(3) OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED:

1. AN EASEMENT FOR PUBLIC UTILITIES IN FAVOR OF CALIFORNIA ELECTRIC POWER COMPANY, RECORDED JULY 30, 1947 IN BOOK 2065, PAGE 360 OF OFFICIAL RECORDS.

2. AN EASEMENT FOR PUBLIC UTILITIES RECORDED IN BOOK 2774, PAGE 211 OF OFFICIAL RECORDS.

3. AN EASEMENT FOR WATER LINES IN FAVOR OF APPLE VALLEY RANCHOS WATER COMPANY, RECORDED JANUARY 21, 1993 AS INSTRUMENT NO. 93-22929 OF OFFICIAL RECORDS.

4. A RECIPROCAL EASEMENT FOR VEHICULAR AND PEDESTRIAN ACCESS OVER THE " DRIVEWAY EASEMENT AREA" , RECORDED DECEMBER 09, 2022 AS INSTRUMENT NO. 2022-0395102 OF OFFICIAL RECORDS.

5. AN EASEMENT FOR WATER PIPELINES IN FAVOR OF LIBERTY UTILITIES (APPLE VALLEY RANCHOS WATER) CORP., RECORDED AUGUST 26, 2024 AS INSTRUMENT NO. 2024-0200688 OF OFFICIAL RECORDS.

OWNER'S STATEMENT:

WE HEREBY STATE WE ARE ALL AND THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND SUBDIVIDED AS SHOWN ON THIS MAP AS REQUIRED BY SECTION 66445 (E) OF THE

SUBDIVISION MAP ACT, AND WE CONSENT TO THE PREPARATION AND RECORDATION OF THIS PARCEL MAP.

APPLE BEAR VALLEY, LLC, A DELAWARE LIMITED LIABILITY COMPANY

APPLE VALLEY YOUNG, LLC, A DELAWARE LIMITED LIABILITY COMPANY BY: BY:

NAME: NAME:

TITLE: TITLE:

SURVEYOR'S STATEMENT:

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY

IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF APPLE BEAR, LLC ON JUNE, 2022. I HEREBY STATE THAT ALL THE

MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR THAT THEY

WILL BE SET IN THOSE POSITIONS UPON ACCEPTANCE OF IMPROVEMENTS AND THAT THE

MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP.

MICHAEL FURLONG, P.L.S. 8899 DATE
LICENSE EXPIRES 12/31/2025
BOARD OF SUPERVISORS' CERTIFICATE:

I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ HAS BEEN EXECUTED AND FILED

WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,

CONDITIONED UPON THE PAYMENT OF ALL TAXES, (STATE, COUNTY, MUNICIPAL OR LOCAL), AND ALL

SPECIAL ASSESSMENTS, COLLECTED AS TAXES, WHICH AT THE TIME OF THE FILING OF THIS MAP WITH

THE COUNTY OF SAN BERNARDINO ASSESSOR-RECORDER- COUNTY CLERK ARE A LIEN AGAINST SAID

PROPERTY, BUT NOT YET PAYABLE AND THAT THE SUBDIVIDER HAS FILED WITH ME A CERTIFICATE BY

THE PROPER OFFICER GIVING HIS ESTIMATE OF THE AMOUNT OF SAID TAXES AND SPECIAL ASSESSMENTS, AND SAID BOND IS HEREBY ACCEPTED.

DATE:

LAURA H. WELCH,

CLERK OF THE BOARD OF SUPERVISORS

COUNTY OF SAN BERNARDINO
BY:

DEPUTY DATE
TOWN ENGINEER'S STATEMENT:

I HEREBY STATE THAT I HAVE EXAMINED THIS MAP, AND THAT THE SUBDIVISION SHOWN HEREON IS

SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED

ALTERATIONS THERETO, AND THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES HAVE BEEN COMPLIED WITH.

RICHARD PEDERSEN DATE
R.C.E. 46087

TOWN ENGINEER
SHEET 1 OF 3 SHEETS
BENEFICIARY'S STATEMENT:

NIKOLS MORTGAGE FUND, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS BENEFICIARY OF DEED OF TRUST RECORDED JANUARY 26, 2024 AS INSTRUMENT NO. 2024-000019997 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY.

BY:

NAME:

TITLE:

TOWN SURVEYOR'S STATEMENT:

I HEREBY STATE THAT I HAVE EXAMINED THE ENTITLED PARCEL MAP NO. 20473 AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.

AMELIA PAULA PEREIRA DATE
P.L.S. 8493

TOWN SURVEYOR, TOWN OF APPLE VALLEY
TOWN COUNCIL'S ACCEPTANCE CERTIFICATE:

I HEREBY STATE THAT THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY, BY A MOTION DULY SECOND AND PASSED, APPROVED THE ATTACHED PARCEL MAP NO. 20473 ON THE DAY OF , 20 . LA VONDA MURPHY-PEARSON

TOWN CLERK

TOWN OF APPLE VALLEY
BY: DEPUTY DATE
NUMBER OF PARCELS: 5
MAP CONTAINS: 9.24 ACRES
GROSS = 9.24 ACRES
NET = 8.26 ACRES
3/25/25

PARCEL MAP NO. 20473

IN THE TOWN OF APPLE VALLEY,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
TAIT & ASSOCIATES, INC. NOVEMBER, 2023
SHEET 2 OF 3 SHEETS
MONUMENT AND REFERENCE NOTES:
= INDICATES FOUND MONUMENT AS NOTED
= INDICATES SET 1" I.P. AND TAG, "PLS 8899",

FLUSH, IN SOIL, SET SPIKE AND WASHER
STAMPED "PLS 8899" IN ASPHALT OR SET NAIL AND
TAG STAMPED "PLS 8899" IN CONCRETE.

SNF = SEARCH, NOTHING FOUND
M & R=MEASURED & RECORD DISTANCE NOTED
( ) = INDICATES RECORD DATA PER REFERENCE NOTED
EASEMENT NOTES:
1 AN EASEMENT FOR PUBLIC UTILITIES IN FAVOR OF

CALIFORNIA ELECTRIC POWER COMPANY, RECORDED
JULY 30, 1947 IN BOOK 2065, PAGE 360 OF OFFICIAL
RECORDS.
2 AN EASEMENT FOR PUBLIC UTILITIES RECORDED IN
BOOK 2774, PAGE 211 OF OFFICIAL RECORDS.
3 AN EASEMENT FOR WATER LINES IN FAVOR OF APPLE

VALLEY RANCHOS WATER COMPANY, RECORDED
JANUARY 21, 1993 AS INSTRUMENT NO. 93-22929 OF
OFFICIAL RECORDS.
4 A RECIPROCAL EASEMENT FOR VEHICULAR AND
PEDESTRIAN ACCESS OVER THE " DRIVEWAY
EASEMENT AREA" , RECORDED DECEMBER 09, 2022 AS
INSTRUMENT NO. 2022-0395102 OF OFFICIAL RECORDS.
5 AN EASEMENT FOR WATER PIPELINES IN FAVOR OF

LIBERTY UTILITIES (APPLE VALLEY RANCHOS WATER)
CORP., RECORDED AUGUST 26, 2024 AS INSTRUMENT
NO. 2024-0200688 OF OFFICIAL RECORDS.

REFERENCES:
(R1) P.M. NO. 9827 P.M.B. 108 / 23-24
(R2) P.M. NO. 10215 P.M.B. 119 / 76-77
(R3) P.M. NO. 11785 P.M.B. 161 / 38-39
(R4) P.M. NO. 16051 P.M.B. 199 / 53-54
(R5) R.S. 59 / 25
(R6) R.S. 96 / 28
(R7) R.S. (01-095) 116 / 44
(R8) C.R. 248 / 054
(R9) C.R. 248 / 060
(R10) DOC. # 2024-0019995
NOTARY ACKNOWLEDGEMENT:

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.

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_____________________________________ NAME PRINTED MY COMMISSION EXPIRES:

MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY.

NOTARY ACKNOWLEDGEMENT:

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.

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_____________________________________ NAME PRINTED MY COMMISSION EXPIRES:

MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY.

NOTARY ACKNOWLEDGEMENT:

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.

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_____________________________________ NAME PRINTED MY COMMISSION EXPIRES:

MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY.

DETAIL "A"
SCALE 1"=500'
BASIS OF BEARING:

THE BEARING NORTH 89°17'00" EAST BEING THE CENTERLINE
OF BEAR VALLEY ROAD AS SHOWN ON PARCEL MAP NO. 16051
FILED IN BOOK 199 PAGES 53 AND 54 OF PARCEL MAPS IN THE

TOWN OF APPLE VALLEY, COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA WAS USED AS THE BASIS OF BEARINGS
FOR THIS SURVEY.

LEGEND:

SECTION LINE

CENTER LINE

PROPERTY BOUNDARY

INTERNAL PROPERTY LINE

RIGHT-OF-WAY LINE

LOT LINES

EASEMENT LINES
N
NUMBER OF PARCELS: 5
MAP CONTAINS: 9.24 ACRES
GROSS = 9.24 ACRES
NET = 8.26 ACRES