HomeMy WebLinkAbout2013-08-05 - Planning-Engineering-Operations Committee Meeting Agenda PacketYorba Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
PLANNING - ENGINEERING - OPERATIONS COMMITTEE MEETING
Monday, August 5, 2013,12:00 PM
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
2. ROLL CALL
COMMITTEE STAFF
Director Robert R. Kiley, Chair Steve Conklin, Acting General Manager
Director Phil Hawkins Ken Mendum, Water Maint. Superintendent
3. PUBLIC COMMENTS
Any individual wishing to address the committee is requested to identify themselves and state the matter on
which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for
their comment when the item is considered. No action will be taken on matters not listed on this agenda.
Comments are limited to matters of public interest and matters within the jurisdiction of the Water District.
Comments are limited to five minutes.
4. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and committee discussions are needed prior to
formal committee action.
4.1. Terms and Conditions for Water and Sewer Service with Yavitz Companies, Inc
Recommendation. That the Committee recommend the Board of Directors approve
the Terms and Conditions for Water and Sewer Service with Yavitz Companies, Inc.
4.2. Verizon Cell Site Lease Agreement at Quarter Horse Reservoir
Recommendation. That the Committee recommend the Board of Directors
authorize the Acting General Manager to execute the Verizon Cell Site Lease
Agreement.
4.3. Award of Landscape Maintenance Contract
Recommendation. That the Committee recommend the Board of Directors
authorize the General Manager to enter into a Landscape Service Contract with
Marina Landscape, Inc. The initial term of the contract will be 10 months with
service starting on September 1, 2013 and ending on June 30, 2014, with a total
contract cost not to exceed of $37,050.00. Additionally, that the Board of Directors
authorize the General Manager to execute the annual renewal options as provided,
if staff remains satisfied with the level of service being provided by Marina
Landscape, Inc. It should be noted that each renewal option could have a slight
increase in the annual cost, but is controlled by the Orange County Consumer Price
index.
5. DISCUSSION ITEMS
This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar
items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda
may also include items for information only.
5.1. Monthly Groundwater Production and Purchased Import Water Report
5.2. Monthly Production Summary Report
5.3. Monthly Preventative Maintenance Report
5.4. Groundwater Producers Meeting Report for July 2013
5.5. Status of OCWD Annexation Process (Verbal Report)
5.6. Status of Cielo Vista and Esperanza Hills Development Projects (Verbal Report)
5.7. Status of Capital Projects in Progress
5.8. Status of Strategic Plan Initiatives
5.9. Future Agenda Items and Staff Tasks
6. CLOSED SESSION
The Committee may hold a closed session on items related to personnel, labor relations and /or litigation. The
public is excused during these discussions.
6.1. Public Employee Performance Evaluation
Pursuant to Section 54957 of the California Government Code
Title: Acting General Manager
7. ADJOURNMENT
7.1. The next Planning- Engineering- Operations Committee meeting is scheduled to be held
Thursday, September 5, 2013 at 4:00 p.m.
Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting
Pursuant to Government Code section 54957.5, non - exempt public records that relate to open session agenda items
and are distributed to a majority of the Committee less than seventy -two (72) hours prior to the meeting will be available
for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA
92870, during regular business hours. When practical, these public records will also be made available on the District's
internet website accessible at http: / /www.ylwd.com /.
Accommodations for the Disabled
Any person may make a request for a disability - related modification or accommodation needed for that person to be
able to participate in the public meeting by telephoning the Executive Secretary at 714 - 701 -3020, or writing to Yorba
Linda Water District, P.O. Box 309, Yorba Linda, CA 92885 -0309. Requests must specify the nature of the disability and
the type of accommodation requested. A telephone number or other contact information should be included so the
District staff may discuss appropriate arrangements. Persons requesting a disability - related accommodation should
make the request with adequate time before the meeting for the District to provide the requested accommodation.
Meeting Date:
ICOT
From:
Presented By:
Prepared By
Subject:
SUMMARY:
AGENDA REPORT
August 5, 2013
Planning- Engineering-
Operations Committee
Steve Conklin, Acting General
Manager
Steve Conklin, Acting General
Manager
Ariel Bacani, Engineering
Technician II
Budgeted:
Funding Source:
Account No:
Job No:
Dept:
Reviewed by Legal:
CEQA Compliance:
ITEM NO. 4.1
N/A
Developer Funded
1/2-2600
201313
Engineering
N/A
N/A
Terms and Conditions for Water and Sewer Service with Yavitz Companies, Inc
Yavitz Companies, Inc. is proposing to redevelop an existing retail center east of Valley View
Avenue and north of Yorba Linda Boulevard. The 6.5 -acre project includes the renovation of an
existing building and the construction of three new buildings, as shown in the attached exhibit.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors approve the Terms and Conditions for
Water and Sewer Service with Yavitz Companies, Inc.
DISCUSSION:
The District has existing Zone 2 pipelines in Valley View Avenue and Yorba Linda Boulevard, that
are adequate in size and of sufficient pressure to serve the project. Staff will require the applicant to
construct a looped water system that connects from Valley View Avenue into Yorba Linda
Boulevard. The existing water main on Yorba Linda Boulevard will require the installation of a line
stop to isolate the system for the loop tie -in point. Other proposed water facilities include four water
service lines, one fire hydrant, two fire service lines and three double -check detector assemblies for
their fire suppression systems.
The project is located within Drainage Area "2" of the District's Sewer Service Area. The District has
an existing sewer main within the proposed site that is adequate in size to serve the project. The
applicant will connect three sewer laterals to this main.
The Terms and Conditions for Water and Sewer Service with Yavitz Companies, Inc. are attached
for your consideration.
STRATEGIC PLAN:
SR 3 -A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011 -2015 with
adopted amendments
ATTACHMENTS:
IVQIIIC.
201313 T C.doc
Description:
Type:
Terms & Conditions for Water & Sewer Service with
Yavitz Companies, Inc. Agreement
Exhibit of Proposed Water & Sewer Improvements for
201313 Exhibit.pdf Exhibit
Yavitz Companies, Inc.
Date: AUGUST 22, 2013
YORBA LINDA WATER DISTRICT
TERMS AND CONDITIONS
FOR WATER AND SEWER SERVICE
NAME OF APPLICANT: YAVITZ COMPANIES, INC.
LOCATION OF PROJECT: 4848 VALLEY VIEW AVE., YORBA LINDA
TRACT NUMBER: N/A JOB NUMBER: 201313 LOT(S): N/A
The applicant will be required to complete to the satisfaction of the District the following
items that have an "X" following the number.
1) X The applicant shall provide the District with a copy of the Grant Deed or
Title Report of the property to be served.
2) X The applicant shall include information deemed necessary by the District in
the event the applicant is required to file a Department of Real Estate Tax
Disclosure statement.
3) The applicant shall provide to all purchasers of the homes a statement that
the home is located within Improvement District No. 1 and that the home is
subject to a property tax over and above the normal 1 % Basic Tax Levy to
pay for Production, Storage, and Transmission water facilities serving
Improvement District No. I.
4) The applicant shall provide to all purchasers of the homes a statement that
the home is located within Improvement District No. 2 and that the home is
subject to a property tax over and above the normal 1 % Basic Tax Levy to
pay for Production, Storage, and Transmission water facilities serving
Improvement District No. 2.
5) X The applicant shall submit two (2) sets of the improvement plans to the
District for plan check processing.
a) Improvement Plans
b) Grading Plans
c) Tract, Parcel or Vesting Map
d) Landscaping Plans
6) X Improvement Plans submitted for plan check shall comply with the submittal
requirements established by the YLWD Engineering Department.
Page 2 of 5
NAME OF APPLICANT: YAVITZ COMPANIES, INC.
LOCATION OF PROJECT: 4848 VALLEY VIEW AVE., YORBA LINDA
7) X The applicant shall dedicate or obtain all easements deemed necessary by
the District in accordance with the Rules and Regulations of the District. All
easement documents shall be prepared under the supervision of and
stamped by a Professional Land Surveyor or a Registered Civil Engineer
(licensed prior to January 1, 1982) licensed to practice in the State of
California.
8) X The applicant shall provide the District with a copy of the Recorded
Tract /Parcel Map(s) or Easement Documents illustrating all District
easements required by Term and Condition No. 7, prior to requesting
occupancy releases.
9) X The applicant shall prepare and process all easements to be quitclaimed by
the District in accordance with the Rules and Regulations of the District.
10) X The applicant shall furnish the District with a 24 -hour emergency telephone
number prior to the District's approval of the construction plans.
11) X The applicant shall notify the District 48 hours prior to initiating any work
related to required or proposed improvements.
12) X The applicant shall complete a Temporary Construction Meter Permit
application for all water to be used in construction work and all water used
under such permit shall be taken from the approved construction meter.
13) X The applicant shall provide per the District specifications one complete set
of "As Built" mylars and electronic copy of ACAD drawings (version 2008 or
later) for the Water facilities.
14) X The applicant shall complete an Application to and Agreement for Water
Service.
15) X The applicant shall pay all of the water fees as required by the Rules and
Regulations of the District.
16) X The applicant shall pay meter fees associated with the installation of radio
read meters for this project.
17) X The applicant shall comply with the Rules and Regulations of the Yorba
Linda Water District with regard to the Rendition of Water Service.
18) X The applicant shall provide the District with a set of plans stamped and
approved by the Orange County Fire Authority, or fire agency having
jurisdiction, that identifies approved fire hydrant locations. Such approved
plan must be submitted to the District before staff will initiate a District plan
check for water improvements.
Page 3 of 5
NAME OF APPLICANT: YAVITZ COMPANIES, INC.
LOCATION OF PROJECT: 4848 VALLEY VIEW AVE., YORBA LINDA
19) X The applicant shall have all water facilities designed in accordance with the
District's Water Facilities Plan and the District's Standard Specifications. All
design plans shall be prepared under the supervision of and stamped by a
Registered Civil Engineer licensed to practice in the State of California.
20) X The applicant's water facilities (on -site) shall be Privately owned and
maintained.
21) X The applicant shall be required to conduct flow tests at their cost in the
event the Orange County Fire Authority requires a flow test. A District
representative shall be present to witness the flow test.
22) X The applicant shall comply with all additional District requirements, relative
to the fire protection system, fire hydrant construction and fire hydrant
locations.
23) The applicant shall install one 1 water Sampling Station(s) in conformance
with the District's Standard Plans.
24) X The applicant shall provide a completed Surety Bond for the water facilities
prior to the District signing the Water Improvement Plans. The applicant
shall also provide to the District an estimate of the construction costs of the
proposed water facilities.
25) X The applicant shall install the curb and gutters a minimum of one week prior
to the installation of the water main and services.
26) X All existing water services that are not useable in the new plan shall be cut
and plugged at the main line.
27) X The applicant shall coordinate through the District all connections of new
water facilities to the existing District facilities.
28) X The applicant shall provide a written copy of the Bacteriological Report prior
to occupancy releases certifying that the water meets the Health
Department's requirements.
29) X The applicant shall adjust and raise to grade all valve covers within the
limits of this project.
30) X The applicant shall install a pressure regulator in all dwellings that have
over 80 p.s.i. static water pressure in accordance with the appropriate
building codes.
31) X The applicant shall complete a Temporary Water Permit for all water that
will be used through the new water services to serve the new dwellings.
Page 4 of 5
NAME OF APPLICANT: YAVITZ COMPANIES, INC.
LOCATION OF PROJECT: 4848 VALLEY VIEW AVE., YORBA LINDA
32) X The applicant shall install a District approved backflow device in connection
with any private fire suppression sprinkler facilities that may be required by
the Orange County Fire Authority or fire agency having jurisdiction.
33) X The applicant shall install a reduced pressure principle backflow prevention
device on all commercial buildings and landscape services.
34) X The applicant shall install and provide a written test report to the District for
each backflow device certifying that the backflow devices are operating
properly prior to the water meters being turned on for service.
35) X The applicant shall install and provide a written test report to the District
certifying that the double check detector assembly is operating properly
prior to the double check detector assembly being turned on for service.
36) X The applicant shall provide an annual written test report to the District
certifying that the backflow devices and fire detector assemblies are
operating properly pursuant to the District's Backflow Prevention Program
and the State of California Administrative Code, Title 17, Public Health
Rules and Regulations Relating to Cross - Connections.
37) The applicant shall complete a Sewer Connection Application and Permit
for Sewer Service.
38) X The applicant shall complete an Application to and Agreement for Sewer
Service.
39) X The applicant shall comply with the Rules and Regulations of the Yorba
Linda Water District with regard to the Rendition of Sanitary Sewer Service.
40) X The applicant shall pay all of the sewer fees as required by the Rules and
Regulations of the District.
41) X The applicant shall have all sewer facilities designed in accordance with the
District's Sewer Master Plan and Standard Specifications. All design plans
shall be prepared under the supervision of and stamped by a Registered
Civil Engineer licensed to practice in the State of California.
42) X The applicant shall provide a completed Surety Bond for the sewer facilities
prior to the District signing the Sewer Improvement Plans. The applicant
shall also provide to the District an estimate of the construction costs of the
proposed sewer facilities.
43) X The applicant's sewer facilities (on -site) shall be Privately owned and
maintained.
44) X The applicant shall construct a sewer main and appurtenances in
conformance with the approved plans and the District's Plans and
Specifications.
Page 5 of 5
NAME OF APPLICANT: YAVITZ COMPANIES, INC.
LOCATION OF PROJECT: 4848 VALLEY VIEW AVE., YORBA LINDA
45) X The applicant shall adjust and raise to grade all sewer manhole covers
within the limits of this project.
46) X The applicant shall install a sewer backflow prevention valve on all sewer
service connections in which the pad elevations of the property being
served is lower than the rim elevation of the upstream manhole. Installation
of the backflow device shall comply with all requirements of the Building
and Plumbing Codes of the appropriate agency having jurisdiction.
47) The applicant shall submit a video inspection report of their sewer project in
DVD format. The video of the sewer facilities shall be conducted in the
presence of the District inspector, which will include stationing locations of
manholes, cleanouts, wyes, laterals, backflow devices and appurtenances.
(END OF STANDARD TERMS AND CONDITIONS)
PROJECT SPECIFIC TERMS AND CONDITIONS
48) X The applicant shall construct a looped water system by installing an 8 -inch
water main from Valley View Ave. to Yorba Linda Blvd., per approved plans
and District Specifications.
49) X The applicant shall install a line stop on Yorba Linda Blvd. to temporarily
isolate the water system during the installation of the loop tie -in point.
50) X The applicant shall install four new commercial water services, one new fire
hydrant, two new fire protection lines and three new fire double check
detector assemblies, per approved plans and District Specifications.
51) X The applicant shall install three new sewer laterals, per approved plans and
District Specifications.
I hereby certify that the foregoing Terms and Conditions were approved at the August 22,
2013 Regular Meeting of the Board of Directors of the Yorba Linda Water District. The
approved Terms and Conditions shall become void six (6) months from the approval date
if a formal Application To and Agreement with the Yorba Linda Water District for Water
and Sewer Service is not executed for the project under consideration.
Steve Conklin, P.E., Acting General Manager
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AGENDA REPORT
Meeting Date: August 5, 2013
To: Planning- Engineering-
Operations Committee
From: Steve Conklin, Acting General
Manager
Presented By: Steve Conklin, Acting General
Manager
Prepared By: Hank Samaripa, Project
Engineer
Budgeted:
Total Budget:
Cost Estimate:
Funding Source:
Account No:
Job No:
Dept:
Reviewed by Legal:
CEQA Compliance:
ITEM NO. 4.2
N/A
NA
NA
N/A
None
J2012 -17
Engineering
Yes
N/A
Subject: Verizon Cell Site Lease Agreement at Quarter Horse Reservoir
SUMMARY:
On November 24, 2010 the Board of Director's reviewed the Verizon Cell Site Lease Agreement
(Agreement) for the Quarter Horse Reservoir site (site) and authorized the General Manager to
execute the Verizon lease subject to the District's legal counsel's review. Legal counsel requested
that right -of -way and insurance issues be resolved prior to executing the Agreement. Those issues
were never resolved. Recently, a different Verizon team expressed renewed interest in acquiring a
land lease at this site. They worked with District staff to negotiate a proposed Agreement and lease
where the District receives $32,000 annual payment from Verizon. A copy of the proposed
Agreement is attached.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors authorize the Acting General Manager to
execute the Verizon Cell Site Lease Agreement.
DISCUSSION:
The proposed Verizon cell site Agreement provides terms and conditions for construction of a
wireless cell site at the District's Quarter Horse Reservoir site. The initial term of the Agreement is
for five (5) years with options for four additional five -year renewal options for a total of 25- years.
The District will receive an annual rent of $32,000 per year, with an automatic annual 3% CPI
increase. Additionally, Verizon agreed to provide the District with $5,000 upfront payment to offset
the staff costs to prepare and review the Agreement.
The Quarter Horse cell site lease area is 958 square feet consisting of a small communication
equipment block building, two "faux rock" antennas stations, and utility conduits. The project will not
require an elevated communications tower. Verizon has received a Conditional Use Permit from the
City and has obtained an utility right -of- way from the local Homeowners Association for power and
communication.
If the Board authorizes execution of this Agreement, legal counsel will review Verizon's insurance
endorsements. If all provisions of the insurance requirements are met, legal counsel will sign the
Agreement and submit it to the Acting General Manager for execution; afterwards, construction
would proceed.
STRATEGIC PLAN:
WE 1 -B: Explore Alternative Benefits
PRIOR RELEVANT BOARD ACTION(S):
On November 24, 2010 the Board of Director's reviewed the Verizon Cell Site Lease Agreement for
the Quarter Horse Reservoir site and authorized the General Manager to execute the Verizon lease
pending District's legal counsel review. The initial terms of the lease were: annual payment of
$29,460 per year with 3% automatic rate increase, an initial term of 5 years with four five (5) year
renewal options.
ATTACHMENTS:
rvanie
Description:
Annise Land Lease Agreement (YLWD Revised).pdf Agreement
Type:
Backup Material
SITE NAME: Annise
SITE NUMBER: 152561
LAND LEASE AGREEMENT
This Land Lease Agreement ( "Agreement ") is made this day of
, 2013 between Yorba Linda Water District, a California corporation
with a mailing address of P.O. Box 309, Yorba Linda, California 92886, hereinafter designated
LESSOR and Los Angeles SMSA Limited Partnership, d /b /a Verizon Wireless, with its principal
office located at One Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920
(telephone number 866 - 862 - 4404), hereinafter designated LESSEE. The LESSOR and LESSEE
are at times collectively referred to hereinafter as the "Parties" or individually as the "Parry."
I. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of
property (the entirety of LESSOR's property is referred to hereinafter as the Property), legally
described on Exhibit "A" attached hereto and made a part hereof, and commonly known as Quarter
Horse Reservoir, City of Yorba Linda, County of Orange, State of California. The portion of the
Property leased by LESSEE shall consist of three (3) parcels of ground space as follows: (i) a
parcel containing approximately eight hundred thirty-five (835) square feet (the "Land Space ") and
(ii) a parcel containing approximately sixty -five (65) square feet and a parcel containing
approximately fifty -three (53) square feet (together, the "Antenna Space ").
Separate and apart from this Agreement, LESSEE has obtained easements from the City of
Yorba Linda and Kerrigan Ranch II Community Association, a California nonprofit mutual
benefit corporation, respectively, for the non - exclusive right of ingress and egress, seven (7) days
a week twenty -four (24) hours a day, extending from the nearest public right -of -way, Quarter
Horse Drive, to the Property (the "Right -of- Way "). LESSEE acknowledges that LESSOR also
holds an easement in the Right of Way and LESSEE shall not unreasonably interfere with
LESSOR's use of its easement and acknowledges that LESSEE's easements are subordinate to
LESSOR's easement in the Right -of -Way. Notwithstanding the foregoing, LESSOR agrees not
to unreasonably interfere with LESSEE's use of its access easement. The Land Space and
Antenna Space, hereinafter collectively referred to as the "Premises," are substantially as
described herein in Exhibit B" attached hereto and made a part hereof. LESSEE shall have
rights of ingress and egress, seven (7) days a week twenty -four (24) hours a day, on foot, to the
Premises via a four -foot (4') wide pathway from the Right -of -Way as depicted in Exhibit "B,"
and may, on foot, travel between the Land Space and Antenna Space and between the parcels in
the Antenna Space. LESSEE shall install and maintain a gate, reasonably acceptable in design to
LESSOR, at the intersection of the pathway and the Right of Way. LESSEE may install and
maintain utility wires, cables, conduits, and pipes under the Property between the Land Space
and Antenna Space and between the parcels in the Antenna Space and to the nearest appropriate
utilities provider, as depicted in Exhibit `B."
In the event any public utility is unable to use the Right of Way, LESSOR hereby agrees to
grant an additional right -of -way either to LESSEE or to the public utility at no cost to LESSEE.
The location of any such right -of -way and any agreement required by the appropriate utility or
other party for such right -of -way shall be subject to LESSOR's prior written approval, which
shall not be unreasonably withheld, conditioned or delayed. Any right of way granted to
LESSEE or a public utility under this Agreement shall terminate upon the expiration or earlier
17394574_8
1
SITE NAME: Annise
SITE NUMBER: 152561
termination of this Agreement, and LESSEE hereby agrees to execute and record such
documentation, reasonably requested by LESSOR, evidencing such termination.
2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property
and the Premises, and said survey shall be subject to LESSOR's prior written reasonable approval.
Any such survey shall be attached hereto as Exhibit "C" and made a part hereof, and shall control
in the event of boundary and access discrepancies between it and Exhibit "B." Cost for such work
shall be borne by LESSEE.
3. TERM, RENTAL.
a. This Agreement shall be effective as of the date of execution by both
Parties ( "Effective Date "), provided, however, the initial term shall be for five (5) years and shall
commence on the Commencement Date (as hereinafter defined) at which time rental payments
shall commence and be due at a total annual rental of Thirty -Two Thousand and 00 /100 Dollars
($32,000.00) to be paid in equal monthly installments on the first day of the month, in advance,
to LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate
in writing at least thirty (30) days in advance of any rental payment date by notice given in
accordance with Paragraph 23 below. The Agreement shall commence based upon the earlier to
occur of (i) the date LESSEE commences installation of the equipment on the Premises or (ii)
the first day of the thirteenth (13th) month following the Effective Date (either, the
"Commencement Date "). However, in the event the date LESSEE commences installation of the
equipment on the Premises falls between the 1st and 15th of the month, the Agreement shall
commence on the 1st of that month and if the date installation commences falls between the 16th
and 31st of the month, then the Agreement shall commence on the 1st day of the following month.
LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date.
LESSOR and LESSEE acknowledge and agree that initial rental payment(s) shall not actually be
sent by LESSEE until thirty (30) days after a written acknowledgement confirming the
Commencement Date. By way of illustration of the preceding sentence, if the Commencement
Date is January 1 and the written acknowledgement confirming the Commencement Date is
dated January 14, LESSEE shall send to the LESSOR the rental payments for January 1 and
February I by February 13.
In exchange for LESSOR's agreement to extend the Commencement Date, LESSEE shall
pay to LESSOR an up -front payment in the amount of Five Thousand and 00 /100 Dollars
($5,000.00) as additional rent, within forty -five (45) days after full execution of this Agreement.
Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in
such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose
upon request of LESSEE.
In the event LESSEE fails to pay any rental within ten (10) days after such rental
becomes due and payable, then upon ten (10) days notice from LESSOR to LESSEE, the
17394574_8
2
SITE NAME: Annise
SITE NUMBER: 152561
LESSEE may be assessed a late fee of five percent (5 %) of the unpaid rental, payable within
thirty (30) days after such late fee is assessed.
b. LESSOR hereby agrees to provide to LESSEE certain documentation (the
"Rental Documentation ") evidencing LESSOR's interest in, and right to receive payments under,
this Agreement, including without limitation: (i) documentation, acceptable to LESSEE in
LESSEE's reasonable discretion, evidencing LESSOR's good and sufficient title to and /or
interest in the Property and right to receive rental payments and other benefits hereunder and (i)
a complete and fully executed Internal Revenue Service Form W -9, or equivalent, in a form
acceptable to LESSEE, for any party to whom rental payments are to be made pursuant to this
Agreement. From time to time during the Term of this Agreement and within thirty (30) days of
a written request from LESSEE, LESSOR agrees to provide updated Rental Documentation in a
form reasonably acceptable to LESSEE. The Rental Documentation shall be provided to
LESSEE in accordance with the provisions of and at the address given in Paragraph 23.
Delivery of Rental Documentation to LESSEE shall be a prerequisite for the payment of any rent
by LESSEE and notwithstanding anything to the contrary herein, LESSEE shall have no
obligation to make any rental payments until Rental Documentation has been supplied to
LESSEE as provided herein.
Within a reasonable period of time after obtaining an interest in the Property or this
Agreement, any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall
provide to LESSEE Rental Documentation in the manner set forth in the preceding paragraph.
From time to time during the Term of this Agreement and within thirty (30) days of a written
request from LESSEE, any assignee(s) or transferee(s) of LESSOR agrees to provide updated
Rental Documentation in a form reasonably acceptable to LESSEE. Delivery of Rental
Documentation to LESSEE by any assignee(s), transferee(s) or other successor(s) in interest of
LESSOR shall be a prerequisite for the payment of any rent by LESSEE to such party and
notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any
rental payments to any assignee(s), transferee(s) or other successor(s) in interest of LESSOR
until Rental Documentation has been supplied to LESSEE as provided herein.
4. EXTENSIONS. Provided LESSEE is not in default beyond any applicable notice or
cure period, this Agreement shall automatically be extended for four (4) additional five (5) year
terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written
notice of the intent to terminate at least six (6) months prior to the end of the then current term.
The initial term and all extension terms shall be collectively referred to herein as "Term ".
5. ANNUAL RENTAL INCREASE. Commencing on the first (1st) annual anniversary
of the Commencement Date, and on each annual anniversary thereafter during the Term, the annual
rent shall increase by an amount equal to three percent (3 %) of the rent for the immediately
preceding year.
6. Intentionally deleted.
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7. TAXES. LESSEE shall have the responsibility to pay any personal property, real
estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the
result of LESSEE's use of or presence on the Premises and /or the installation, maintenance, and
operation of the LESSEE's improvements, and any sales tax imposed on the rent (except to the
extent that LESSEE is or may become exempt from the payment of sales tax in the jurisdiction
in which the Property is located), including any increase in real estate taxes at the Property
which LESSOR demonstrates arises from the LESSEE's improvements and /or LESSEE's use of
or presence on the Premises. LESSOR and LESSEE shall each be responsible for the payment
of any taxes, levies, assessments and other charges imposed including franchise and similar taxes
imposed upon the business conducted by LESSOR or LESSEE at the Property. Notwithstanding
the foregoing, LESSEE shall not have the obligation to pay any tax, assessment, or charge that
LESSEE is disputing in good faith in appropriate proceedings prior to a final determination that
such tax is properly assessed provided that no lien attaches to the Property and LESSOR is not
prejudiced in any manner. Nothing in this Paragraph shall be construed as making LESSEE
liable for any portion of LESSOR's income taxes in connection with any Property or otherwise.
Except as set forth in this Paragraph, LESSOR shall have the responsibility to pay any personal
property, real estate taxes, assessments, or charges owed on the Property and shall do so prior to
the imposition of any lien on the Property.
LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal,
challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or
partly responsible for payment; provided that no late charges or fines are assessed against the
Property and no liens attach to the Property and LESSOR is not prejudiced in any manner as a
result thereof. LESSOR shall reasonably cooperate with LESSEE at LESSEE's expense in
filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding
sentence, including but not limited to, executing any consent, appeal or other similar document.
In the event that as a result of any appeal or challenge by LESSEE, there is a reduction, credit or
repayment received by the LESSOR for any taxes previously paid by LESSEE, LESSOR agrees
to promptly reimburse to LESSEE the amount of said reduction, credit or repayment. In the
event that LESSEE does not have the standing rights to pursue a good faith and reasonable
dispute of any taxes under this paragraph, LESSOR will pursue such dispute at LESSEE's sole
cost and expense upon written request of LESSEE.
8. USE, GOVERNMENTAL APPROVALS.
a. Subject to the requirements provided herein, LESSEE shall use the
Premises for the sole purpose of constructing, maintaining, repairing and operating a
communications facility which shall be concealed by faux rocks attached to a retaining wall as
more particularly described in Exhibit B and for uses incidental thereto but for no other purpose.
A security fence consisting of chain link construction or similar but comparable construction
shall be placed around the perimeter of the Premises by LESSEE (not including the Rights of
Way), subject to the prior approval of LESSOR, which shall not be unreasonably withheld,
conditioned or delayed. Before commencing any modifications or alterations to the Premises,
LESSEE shall submit plans and specifications (together, the "Plans ") to the LESSOR for
LESSOR's written approval, which approval shall not be unreasonably withheld, conditioned or
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delayed (and in no event delayed beyond twenty (20) days after LESSEE's request for approval).
In the event LESSOR (i) fails to respond to LESSEE's proposed Plans within twenty (20) days
of LESSEE's request, or (ii) fails to provide a response within twenty (20) days of receipt of
revised Plans from LESSEE after comment from LESSOR, the Plans will be deemed approved.
Notwithstanding the foregoing, LESSEE shall have the right to alter or replace the
communications facility at any time during the Term with equipment that is of similar or smaller
size, shape, or number, upon prior written notice to LESSOR. For other alterations, including
(i) an increase in the number or size of antennas or dishes, (ii) an increase in the height of the
communications facility or (iii) the substitution of substantially larger equipment, LESSOR must
pre- approve in writing such alterations, which approval may be withheld in LESSOR's sole
discretion. Notwithstanding anything to the contrary contained herein and prior to commencing
construction of the communications facility, LESSEE shall perform radio frequency emission
testing to confirm that LESSEE's use of the Premises shall be in compliance with any applicable
laws, rules or regulations. LESSEE shall provide to LESSOR a copy of the results of such
testing. LESSEE may not use, nor maintain, motorized vehicles on the Property; provided,
however, that LESSEE shall be permitted to bring motorized vehicles and /or heavy machinery
on the portion of the Property designated as the "Construction Prep Area," as described and
depicted in Exhibit "B" attached hereto, in connection with any construction activities.
b. LESSEE's communications facility and all modifications, repairs and
maintenance thereto shall be constructed, placed and made in a first -class workmanlike manner,
in accordance with this Agreement and Exhibit `B." LESSEE shall cause all construction to
occur lien -free and in compliance with all applicable laws and ordinances. LESSEE will
maintain the Premises in a good condition, reasonable wear and tear excepted, and shall remove
any and all debris resulting from its construction and /or use of the Premises. Construction of
LESSEE's communications facility shall be coordinated with LESSOR and conducted so as not
to create an unsafe or dangerous condition or unduly interfere with the conduct of any other
activities at the Property. All work to be done by LESSEE shall be performed in accordance
with plans approved by LESSOR pursuant to Section 8(a) above. LESSOR shall not be liable
for any loss, damage or injury to any of LESSEE's property that is shipped or otherwise
delivered to the Property or stored in or on the Premises, except to the extent such loss, damage
or injury is caused by the negligence or willful misconduct of LESSOR, its employees, agents, or
contractors. LESSOR shall assume no responsibility for losses suffered by LESSEE, its agents,
employees or invitees which are occasioned by theft or the disappearance of equipment or other
personal property except to the extent such loss, damage or injury is caused by the negligence or
willful misconduct of LESSOR, its employees, agents, or contractors.
C. It is understood and agreed that LESSEE's ability to use the Premises is
contingent upon its obtaining after the execution date of this Agreement all of the certificates,
permits and other approvals (collectively the "Governmental Approvals ") that may be required by
any Federal, State or Local authorities as well as satisfactory soil boring tests which will permit
LESSEE use of the Premises as set forth above. At no cost or expense to LESSOR, LESSOR shall
cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would
adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In
the event that (i) any of such applications for such Governmental Approvals should be finally
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rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is
otherwise withdrawn or terminated by governmental authority, provided LESSEE uses its best
efforts to obtain or maintain any such Governmental Approval; (iii) LESSEE determines that
such Governmental Approvals may not be obtained in a timely manner; (iv) prior to
commencing construction of its communications facility LESSEE determines that any soil
boring tests are unsatisfactory; (v) LESSEE determines that the Premises is no longer technically
compatible for its use, or (vi) LESSEE, in its sole discretion, determines that the use of the
Premises is obsolete or unnecessary, LESSEE shall have the right to terminate this Agreement.
Notwithstanding the foregoing, in the event LESSEE terminates this Agreement pursuant to
subsections (v) or (vi) above, LESSEE shall pay to LESSOR a termination fee in an amount
equal to three (3) months of the monthly rental then in effect. Notice of LESSEE's exercise of its
right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested,
and shall be effective upon the first (0) day of the month following receipt thereof by LESSOR, or
upon such later date as designated by LESSEE. All rentals paid to said termination date shall be
retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect
except to the extent of the representations, warranties and indemnities made by each Party to the
other hereunder. Otherwise, LESSEE shall have no further obligations for the payment of rent to
LESSOR.
d. LESSOR agrees to use commercially reasonable efforts to maintain the
Property (excluding the Premises) including any landscaping and irrigation systems. LESSOR
shall be responsible for the reasonable cost associated with any damage or loss to LESSEE's
communications facility caused by LESSOR's failure to maintain the Property.
9. Intentionally deleted.
10. INDEMNIFICATION AND INSURANCE.
a. LESSEE agrees that at its own cost and expense, it will maintain
commercial general liability insurance with limits not less than $5,000,000 combined single limit
coverage for bodily injury and property damage in any one occurrence. LESSEE agrees that it
will provide an insurance certificate naming LESSOR as an additional insured. LESSEE shall
provide LESSOR thirty (30) days prior written notice of cancellation of any policy required
herein. Failure to provide LESSOR with proof of insurance required herein following ten (10)
business days written notice from LESSOR shall constitute a breach of this Agreement and this
Agreement shall be terminated in accordance with Paragraph 28 below.
b. LESSOR agrees that at its own cost and expense, it will maintain
commercial general liability insurance with limits not less than $1,000,000 for injury to or death
of one or more persons in any one occurrence and $500,000 for damage or destruction to
property in any one occurrence.
C. LESSOR's additional insurance and indemnity requirements are set forth
in Exhibit "D" attached hereto and incorporated herein. In the event of any conflict between the
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insurance requirements in this Paragraph 10 and the additional insurance requirements of Exhibit
"D ", the additional insurance requirements of Exhibit "D" shall control.
11. LIMITATION OF LIABILITY. Neither Party shall be liable to the other, or any of
their respective agents, representatives, employees for any lost revenue, lost profits, loss of
technology, rights or services, incidental, punitive, indirect, special or consequential damages,
loss of data, or interruption or loss of use of service, even if advised of the possibility of such
damages, whether under theory of contract, tort (including negligence), strict liability or
otherwise.
12. Intentionally deleted.
13. INTERFERENCE
a. Subject to Section 13(b) below, LESSEE agrees to install equipment of
the type and frequency which will not cause harmful interference which is measurable in
accordance with then existing industry standards to any equipment of operations of LESSOR or
other lessees of the Property which existed on the Property prior to the date this Agreement is
executed by the Parties. In addition to the foregoing, LESSEE shall not unreasonably disturb,
obstruct, interfere or otherwise impair the operations of LESSOR and LESSOR's tenants,
lessees, and licensees on the Property. LESSEE hereby acknowledges that LESSOR is a public
agency that provides water resources to residents in the areas surrounding the Property. In the
event that LESSEE interferes in any manner with LESSOR's water supplying equipment, and
after LESSOR has notified LESSEE in writing of such interference, LESSEE shall take all steps
necessary to correct and eliminate the interference within twenty -four (24) hours after receipt of
notice of such interference from LESSOR, including but not limited to, at LESSEE's option,
powering down such equipment and later powering up such equipment for intermittent testing. In
the event of any interference with LESSOR or LESSOR's tenants or licensees at the Property
other than in connection with LESSOR's water supplying equipment, LESSEE will take all
commercially reasonable steps necessary to correct and eliminate the interference within
seventy -two (72) hours after receipt of notice of such interference from LESSOR, including but
not limited to, at LESSEE's option, powering down such equipment and later powering up such
equipment for intermittent testing. LESSOR agrees that LESSOR and /or any other tenants of the
Property who currently have or in the future take possession of the Property will be permitted to
install only such equipment that is of the type and frequency which will not cause harmful
interference which is measurable in accordance with then existing industry standards to the then
existing equipment of LESSEE. In the event LESSEE determines that such harmful interference
exists as a result of LESSOR and /or any other tenants of the Property, LESSOR reserves the
right to contest the validity of such a determination. In such an event, the parties hereby agree to
hire a mutually agreed upon independent third party to evaluate whether or not such harmful
interference exists. The cost of such third party shall be shared equally between LESSOR and
LESSEE. To the extent LEESEE's operations are not within the parameters of its FCC license,
this protection from co- located interference will not be applicable, but it shall be applicable with
respect to those operations, or portions thereof, falling within the FCC license parameters.
Notwithstanding the foregoing, LESSEE's right to be free from interference and LESSOR's
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duties concerning the prevention and /or correction of interference shall be subject to
subparagraph (b) below. The Parties acknowledge that there will not be an adequate remedy at
law for noncompliance with the provisions of this Paragraph and therefore, either Parry shall
have the right to equitable remedies, such as, without limitation, injunctive relief and specific
performance. Notwithstanding anything to the contrary contained herein, LESSOR specifically
reserves the right to lease other portions of the Property to other parties during the term of this
Agreement and any month -to -month tenancy thereafter. In connection therewith, LESSEE
agrees that LESSOR may, at it sole cost and expense, modify or expand the faux rocks installed
by LESSEE at the Premises to accommodate such other parties, provided LESSOR complies
with its interference obligations as set forth in this Paragraph 13. Such modification or
expansion of the faux rocks shall be subject to LESSEE's approval which shall not be
unreasonably withheld, conditioned or delayed (and in no event delayed beyond twenty (20)
days after LESSOR's request for approval). In the event LESSEE (i) fails to respond to
LESSOR's proposed modification or expansion within twenty (20) days of LESSOR's request;
or (ii) fails to provide a response within ten (10) days of a revised modification or expansion by
LESSOR after comment from LESSEE, the modification or expansion will be deemed approved.
b. In the event that LESSEE commences using the Premises in a manner as to which
LESSEE is not presently licensed by the FCC but with respect to which LESSEE hereafter
obtains necessary FCC licensure, LESSEE's right to conduct such particular use shall be
subordinate to the use of the Property by LESSOR, and other lessees thereof existing on or
before the date on which LESSEE commences such use. LESSOR shall be under no obligation
to exercise the duties concerning interference described above in subparagraph (a) with respect
to a future use of the Premises by Lessee as described in this subparagraph (b).
14. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or
within sixty (60) days after any earlier termination of the Agreement, remove its building(s),
antenna structure(s), equipment, conduits, fixtures and all personal property (including footings
up to 3 feet below grade) (collectively, the "Equipment ") and restore the Premises to its original
condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and
acknowledges that the Equipment shall remain the personal property of LESSEE and LESSEE
shall have the right to remove the same at any time during the Term, whether or not said items
are considered fixtures and attachments to real property under applicable Laws (as defined in
Paragraph 33 below). If such time for removal causes LESSEE to remain on the Premises after
termination of this Agreement, LESSEE shall continue to perform its obligations under the
Agreement, including without limitation, paying rent at the then existing monthly rate or on the
existing monthly pro -rata basis if based upon a longer payment term, until such time as the
removal of the Equipment is completed. Any Equipment not removed by LESSEE pursuant to
this Paragraph 13 shall be deemed abandoned and may be removed and disposed of by LESSOR
in such a manner as LESSOR shall determine and at LESSEE's reasonable expense, without any
obligation on the part of LESSOR to account to LESSEE for any proceeds therefrom. LESSEE
has no right to retain possession of the Premises or any part thereof beyond the expiration of the
removal period set forth herein. In addition to the foregoing, LESSEE shall reimburse LESSOR
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for reasonable expenses incurred in restoring the Premises should LESSEE fail to restore the
Premises as provided in this Paragraph 14.
15. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part
thereof beyond the expiration of that removal period set forth in Paragraph 14 herein. In the
event that LESSEE holds over in violation of Paragraph 14 and this Paragraph 15, then the rent
then in effect payable from and after the time of the expiration or earlier removal period set forth
in Paragraph 14 shall be increased to one hundred and twenty percent (120 %) of the rent
applicable during the month immediately preceding such expiration or earlier termination.
16. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term to grant to a
third party by easement or other legal instrument an interest in and to that portion of the Property
occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining
communications facilities or the management thereof, with or without an assignment of this
Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide
offer of transfer on the same terms and conditions of such offer. If LESSEE fails to meet such
bona fide offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may
grant the easement or interest in the Property or portion thereof to such third person in
accordance with the terms and conditions of such third party offer.
17. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) to
sell or transfer all or any part of the Property to a purchaser other than LESSEE, or (ii) to grant
to a third party by easement or other legal instrument an interest in and to that portion of the
Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and
maintaining communications facilities or the management thereof, such sale or grant of an
easement or interest therein shall be under and subject to this Agreement and any such purchaser
or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement.
18. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and
performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises,
subject to the requirements set forth herein.
19. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of
this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient
title and interest to the Property and has full authority to enter into and execute this Agreement.
LESSOR further covenants during the Term that to the best of its knowledge there are no liens,
judgments or impediments of title on the Property, or affecting LESSOR's title to the same and
that there are no covenants, easements or restrictions which prevent or adversely affect the use or
occupancy of the Premises by LESSEE as set forth above.
20. INTEGRATION. It is agreed and understood that this Agreement contains all
agreements, promises and understandings between LESSOR and LESSEE and that no verbal or
oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE
in any dispute, controversy or proceeding at law, and any addition, variation or modification to
this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a
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written acknowledgment in the case provided in Paragraph 3. In the event any provision of the
Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and
enforceability of the remaining provisions of this Agreement. The failure of either Party to insist
upon strict performance of any of the terms or conditions of this Agreement or to exercise any of
its rights under the Agreement shall not waive such rights and such Parry shall have the right to
enforce such rights at any time and take such action as may be lawful and authorized under this
Agreement, in law or in equity.
21. GOVERNING LAW. This Agreement and the performance thereof shall be
governed, interpreted, construed and regulated by the Laws of the State of California without
regard to the conflict of laws principles thereof. The parties hereby consent to venue and
jurisdiction in the courts of Orange County in the event litigation is commenced to enforce this
Agreement, and the losing parry shall reimburse the prevailing parry's costs, expenses and
reasonable attorney's fees.
22. ASSIGNMENT. This Agreement may be sold, assigned or transferred by LESSEE
without any approval or consent of LESSOR to LESSEE's principal, affiliates, subsidiaries of its
principal or to any entity which acquires all or substantially all of LESSEE's assets in the market
defined by the Federal Communications Commission in which the Property is located by reason
of a merger, acquisition or other business reorganization, provided the assignee assumes all of
LESSEE's obligations herein accruing after the date of such assignment. As to other parties, this
Agreement may not be sold, assigned or transferred without the written consent of LESSOR, which
such consent will not be unreasonably withheld, delayed or conditioned. No change of stock
ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate
dissolution of LESSEE shall constitute an assignment hereunder. LESSEE shall not sublet the
Premises without the prior written consent of LESSOR, which consent may be withheld in
LESSOR's sole discretion. LESSOR shall have the right to assign or otherwise transfer this
Agreement without LESSEE's consent, which assignment may be evidenced by written notice to
LESSEE within a reasonable period of time thereafter. LESSOR shall be relieved of all
liabilities and obligations accruing after the date of the assignment and LESSEE shall thereafter
look solely to the assignee for performance under this Agreement and all obligations hereunder.
23. NOTICES. All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested or by commercial courier, provided the
courier's regular business is delivery service and provided further that it guarantees delivery to
the addressee by the end of the next business day following the courier's receipt from the sender,
addressed as follows (or any other address that the Party to be notified may have designated to
the sender by like notice):
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LESSOR: Yorba Linda Water District
P.O. Box 309
Yorba Linda, California 92885
Attention: General Manager
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SITE NUMBER: 152561
LESSEE: Los Angeles SMSA Limited Partnership
d /b /a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing.
24. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representative, successors and assigns of the Parties hereto.
25. Intentionally deleted.
26. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement
which LESSEE may record with the appropriate recording officer at LESSEE's sole cost and
expense. The date set forth in the Memorandum of Lease is for recording purposes only and
bears no reference to commencement of either the Term or rent payments.
27. DEFAULT.
a. In the event there is a breach by LESSEE with respect to any of the
provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR
shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE
shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which
to cure any non - monetary breach, provided LESSEE shall have such extended period as may be
required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires
more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period
and thereafter continuously and diligently pursues the cure to completion. LESSOR may not
maintain any action or effect any remedies for default against LESSEE unless and until LESSEE
has failed to cure the breach within the time periods provided in this Paragraph.
b. In the event there is a breach by LESSOR with respect to any of the
provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written
notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days
in which to cure any such breach, provided LESSOR shall have such extended period as may be
required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires
more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period
and thereafter continuously and diligently pursues the cure to completion. LESSEE may not
maintain any action or effect any remedies for default against LESSOR unless and until
LESSOR has failed to cure the breach within the time periods provided in this Paragraph.
Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if
LESSOR fails, within ten (10) days after receipt of written notice of such breach, to perform an
obligation required to be performed by LESSOR if the failure to perform such an obligation
materially interferes with LESSEE's ability to conduct its business on the Property; provided,
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however, that if the nature of LESSOR's obligation is such that more than ten (10) days after
such notice is reasonably required for its performance, then it shall not be a default under this
Agreement if performance is commenced within such ten (10) day period and thereafter
diligently pursued to completion.
28. REMEDIES. Upon a default, the non - defaulting Parry may at its option (but
without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting
Party's behalf, including but not limited to the obtaining of reasonably required insurance
policies. The reasonable costs and expenses of any such performance by the non - defaulting
Party shall be due and payable by the defaulting Party within thirty (30) days after receipt of
invoice therefor. In the event of a default by either Parry with respect to a material provision of
this Agreement beyond the applicable notice and cure period, without limiting the non - defaulting
Party in the exercise of any right or remedy which the non - defaulting Party may have by reason
of such default, the non - defaulting Party may terminate the Agreement and /or pursue any
remedy now or hereafter available to the non - defaulting Party under the Laws or judicial
decisions of the state in which the Premises are located. Notwithstanding the foregoing, if
LESSOR does not pay LESSEE the full undisputed amount of the reasonable costs and expenses
of LESSEE performing a duty or obligation of LESSOR which LESSOR has failed to perform
beyond the applicable notice and cure period, within thirty (30) days of its receipt of an invoice
setting forth the amount due from LESSOR, LESSEE may offset the full undisputed amount due
against all fees due and owing to LESSOR.
29. ENVIRONMENTAL.
a. LESSOR will be responsible for all obligations of compliance with any
and all environmental and industrial hygiene laws, including any regulations, guidelines,
standards, or policies of any governmental authorities regulating or imposing standards of
liability or standards of conduct with regard to any environmental or industrial hygiene
conditions or concerns as may now or at any time hereafter be in effect, that are or were in any
way related to activity now conducted in, on, or in any way related to the Property, unless such
conditions or concerns are caused by the specific activities of LESSEE in the Premises.
b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and
assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties,
responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or
damages) and for responding to any action, notice, claim, order, summons, citation, directive,
litigation, investigation or proceeding which is in any way related to: a) LESSOR's failure to
comply with any environmental or industrial hygiene law, including without limitation any
regulations, guidelines, standards, or policies of any governmental authorities regulating or
imposing standards of liability or standards of conduct with regard to any environmental or
industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless
such non - compliance results from conditions caused by LESSEE; and b) any environmental or
industrial hygiene conditions arising out of or in any way related to the condition of the Property
or activities conducted thereon, unless such environmental conditions are caused by LESSEE.
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C. LESSEE will be responsible for all obligations of compliance with any
and all environmental and industrial hygiene laws, including any regulations, guidelines,
standards, or policies of any governmental authorities regulating or imposing standards of
liability or standards of conduct with regard to any environmental or industrial hygiene
conditions or concerns as may now or at any time hereafter be in effect, that are or were in any
way related to any LESSEE activity conducted in, on, or in any way related to the Premises,
unless such conditions or concerns are caused by the specific activities of LESSOR at the
Property.
d. LESSEE shall hold LESSOR harmless and indemnify LESSOR from and
assume all duties, responsibility and liability at LESSEE's sole cost and expense, for all duties,
responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or
damages) and for responding to any action, notice, claim, order, summons, citation, directive,
litigation, investigation or proceeding which is in any way related to: a) LESSEE's failure to
comply with any environmental or industrial hygiene law as relates to LESSEE's use of the
Premises, including without limitation any regulations, guidelines, standards, or policies of any
governmental authorities regulating or imposing standards of liability or standards of conduct
with regard to any environmental or industrial hygiene concerns or conditions as may now or at
any time hereafter be in effect, unless such non - compliance results from conditions caused by
LESSOR; and b) any environmental or industrial hygiene conditions arising out of or in any way
related to the condition of the Premises caused by LESSEE's activities conducted thereon, unless
such environmental conditions are caused by LESSOR. LESSEE shall immediately notify
LESSOR in writing upon becoming aware of any release of hazardous material by LESSEE at the
Property, any violation of any environmental law at the Property by LESSEE, or actions brought by
third parties against the LESSEE alleging environmental damage at the Property.
30. CASUALTY. In the event of damage by fire or other casualty to the Premises that
cannot reasonably be expected to be repaired within ninety (90) days following same or, if the
Property is damaged by fire or other casualty so that such damage may reasonably be expected to
disrupt LESSEE's operations at the Premises for more than ninety (90) days, then LESSEE may,
at any time following such fire or other casualty, provided LESSOR has not completed the
restoration required to permit LESSEE to resume its operation at the Premises, terminate this
Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of
termination shall cause this Agreement to expire with the same force and effect as though the
date set forth in such notice were the date originally set as the expiration date of this Agreement
and LESSEE shall make all payments of rent through and including such termination date, with
respect to payments due LESSOR under this Agreement. Notwithstanding the foregoing, the
rent shall abate during the period of repair following such fire or other casualty in proportion to
the degree to which LESSEE's use of the Premises is impaired. In the event the Premises or
LESSEE's communications facility is destroyed as a result of LESSEE's acts and LESSEE elects
to terminate this Agreement under this particular circumstance, LESSEE shall pay to LESSOR
liquidated damages in the amount equal to four (4) months of the then - current rental amount. If,
however, LESSEE elects not to terminate the Agreement, then LESSEE shall continue to pay
rent during the time LESSEE repairs or replaces its communications facility.
17394574_8
13
SITE NAME: Annise
SITE NUMBER: 152561
31. CONDEMNATION. In the event of any condemnation of all or any portion of the
Property, this Agreement shall terminate as to the part so taken as of the date the condemning
authority takes title or possession, whichever occurs first. If as a result of a partial condemnation
of the Premises or Property, LESSEE, in LESSEE's sole discretion, is unable to use the Premises
for the purposes intended hereunder, or if such condemnation may reasonably be expected to
disrupt LESSEE's operations at the Premises for more than ninety (90) days, LESSEE may, at
LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have
given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15)
days after the condemning authority shall have taken possession) terminate this Agreement as of
the date the condemning authority takes such possession. LESSEE may on its own behalf make
a claim in any condemnation proceeding involving the Premises for losses related to the
equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss
of its leasehold interest). Any such notice of termination shall cause this Agreement to expire
with the same force and effect as though the date set forth in such notice were the date originally
set as the expiration date of this Agreement and LESSEE shall make rental payments through
and including such termination date with respect to payments due to LESSOR under this
Agreement. If LESSEE does not terminate this Agreement in accordance with the foregoing,
this Agreement shall remain in full force and effect as to the portion of the Premises remaining,
except that the rent shall be reduced in the same proportion as the rentable area of the Premises
taken bears to the total area of the Premises. In the event that this Agreement is not terminated
by reason of such condemnation, LESSOR shall promptly repair any damage to the Premises
caused by such condemning authority.
32. SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY /AUTHORITY. The
submission of this Agreement for examination does not constitute an offer to lease the Premises
and this Agreement becomes effective only upon the full execution of this Agreement by the
Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and
shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto
warrants to the other that the person or persons executing this Agreement on behalf of such Parry
has the full right, power and authority to enter into and execute this Agreement on such Party's
behalf and that no consent from any other person or entity is necessary as a condition precedent
to the legal effect of this Agreement.
33. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property in
compliance with all applicable laws, rules, regulations, ordinances, directives, covenants,
easements, zoning and land use regulations, and restrictions of record, permits, building codes,
and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect
or which may hereafter come into effect (including, without limitation, the Americans with
Disabilities Act and laws regulating hazardous substances) (collectively "Laws "). LESSEE
shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply
with (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises
(other than general office use); and (b) all building codes requiring modifications to the Premises
due to the improvements being made by LESSEE in the Premises.
17394574_8
14
SITE NAME: Annise
SITE NUMBER: 152561
34. SURVIVAL. The provisions of the Agreement relating to indemnification from one
Party to the other Party shall survive any termination or expiration of this Agreement.
Additionally, any provisions of this Agreement which require performance subsequent to the
termination or expiration of this Agreement shall also survive such termination or expiration.
35. CAPTIONS. The captions contained in this Agreement are inserted for
convenience only and are not intended to be part of the Agreement. They shall not affect or be
utilized in the construction or interpretation of the Agreement.
36. BROKERS. If either parry is represented by any broker or any other leasing agent,
such party is responsible for all commissions, fees or other payments to such agent, and agrees to
indemnify and hold the other party harmless from all claims by such broker or anyone claiming
through such broker.
37. CONDITION OF THE PREMISES. Subject to the terms and conditions of this
Agreement, LESSEE hereby accepts the Premises "AS IS" (in the condition existing as of the
Effective Date of the Agreement), subject to all applicable zoning, municipal, county and state
laws and ordinances governing the use of the Premises and any covenants or restrictions of
record and accepts this Agreement subject thereto and to all matters disclosed thereby and by
any exhibits attached hereto. Except for any representations or warranties expressly contained in
this Agreement, LESSEE acknowledges that neither LESSOR nor LESSOR's agents have made
any representations or warranties as to the present or future suitability of the Premises for the
conduct of LESSEE's business.
38. MARKING AND LIGHTING REQUIREMENTS. LESSEE shall comply with the
Federal Aviation Administration ( "FAA ") and FCC requirements applicable to its use of the
Premises. LESSEE shall indemnify and hold LESSOR harmless from any fines or other
liabilities to the extent caused by LESSEE's failure to comply with such requirements. Should
LESSOR be cited by either the FCC or FAA because LESSEE's use of the Premises is not in
compliance with applicable FCC or FAA requirements, which citation is final and non -
appealable or which citation is affirmed and becomes final after the exhaustion of all available
appeals concluding that the LESSEE's use as set forth in this Agreement fails to comply with
applicable FCC or FAA requirements, and should LESSEE fail to cure the conditions of
noncompliance within the timeframe allowed by the citing agency, LESSOR may either
terminate this Agreement or proceed to cure the conditions of noncompliance at LESSEE's
reasonable expense.
39. REDEVELOPMENT. In the event LESSOR intends to redevelop, subdivide,
rezone, demolish, reconstruct or alter (collectively "Redevelop" or, as a noun, "Redevelopment ")
the Property, then, to the extent necessary or convenient in connection with such
Redevelopment, LESSOR shall have the right, following the tenth (10th) anniversary of the
Commencement Date and upon at least six (6) months prior written notice to LESSEE, to require
LESSEE relocate its communications facility to another location on the Property reasonably
acceptable to LESSEE and LESSOR, similar in area and appropriateness for LESSEE's
continued operations at the Property (the "Alternate Site ") which will not interfere with the
17394574_8
15
SITE NAME: Annise
SITE NUMBER: 152561
Redevelopment of the Property and subject to the interests of other pre - existing tenants. Such
relocation shall be at a LESSOR's reasonable cost and expense, however such expense shall be
in the form of a rent abatement and shall not exceed One Hundred Thousand and No /100 Dollars
($100,000.00). In order to continue LESSEE's operations from the Property, LESSEE shall have
the right (including the grant of all necessary easements and rights -of -way) to construct, install
and maintain temporary facilities in or about the Property, subject to the terms of the Agreement,
in such locations as will not interfere with any pre- existing tenants or any Redevelopment of the
Property. If, in LESSEE's sole, reasonable judgment, there is no Alternate Site suitable for its
communications facility or LESSEE's continued operations from the Property, LESSEE's sole
and exclusive right and remedy shall be to terminate this Agreement effective upon LESSOR's
receipt of written notice from LESSEE. Within thirty (30) days of receipt of notice of
LESSOR's intent to redevelop the Property, LESSEE shall notify LESSOR of its election to
either (i) relocate its communications facility to another location on the Property or (ii) terminate
the Agreement. LESSEE and LESSOR shall cooperate in good faith to schedule the relocation
at a mutually agreeable time and in a mutually agreeable manner.
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
respective seals the day and year first above written.
17394574_8
LESSOR:
Yorba Linda Water District
By:
Name:
Title:
Date:
LESSEE:
Los Angeles SMSA Limited Partnership,
d /b /a Verizon Wireless
By: AirTouch Cellular its General Partner
16
By:
Name: Walter L. Jones, Jr.
Title: Area Vice President Network
Date:
SITE NAME: Annise
SITE NUMBER: 152561
See attached.
Exhibit "A"
Legal Description of the Property
17
EXHIBIT "A"
The "Property"
All that certain real property situated in the County of Orange, State of
California, described as follows:
Parcel No. 1:
Lot A of Tract No. 15566, in the City of Yorba Linda, County of Orange, State of
California, described as follows:
Lot A of Tract No. 15566, as shown on the Subdivision Map for said Tract, filed
August 6, 2003, in Book 847, Page(s) 28 to 35, inclusive, of Miscellaneous Maps,
in the Office of the Orange County Recorder.
Parcel No. 2:
Nonexclusive easements for access, drainage, encroachment, maintenance,
repair, and for other purposes, all as may be shown on the Map, and as
described in the Declaration and the Notice.
Assessor's Parcel Number: 326 - 161 -45
31926972.2
SITE NAME: Annise
SITE NUMBER: 152561
See attached.
17394374 S
Exhibit "B"
Description of the Premises
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1739474 S
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SITE NAME: Annise
SITE NUMBER: 152561
Exhibit "D"
Insurance and Indemnity Requirements
Workers' Compensation Insurance - By his /her signature hereunder, Lessee certifies that he /she
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self - insurance in
accordance with the provisions of that code, and he /she will comply with such provisions in
connection with any work performed on the premises.
Indemnification — Except to the extent caused by the negligence or willful misconduct of Yorba
Linda Water District, its directors, officers, agents, consultants, employees or authorized
volunteers, to the fullest extent permitted by law, Lessee shall indemnify and hold harmless and
defend Yorba Linda Water District, its directors, officers, agents, consultants, employees or
authorized volunteers, and each of them from and against:
a. Any and all claims, demands, causes of action, damages, costs, expenses, losses or
liabilities (collectively, "Losses "), in law or in equity, of every kind or nature whatsoever
for, but not limited to, injury to or death of any person including Yorba Linda Water
District and /or Lessee, or any directors, officers, agents, consultants, employees or
authorized volunteers of Yorba Linda Water District or Lessee, and damages to or
destruction of property of any person, including but not limited to, Yorba Linda Water
District and /or Lessee or their directors, officers, agents, consultants, employees or
authorized volunteers, arising out of or in any manner directly or indirectly connected with
this Agreement, however caused, regardless of any negligence of Yorba Linda Water
District or its directors, officers, agents, consultants, employees or authorized volunteers,
except for Losses caused by the sole negligence or willful misconduct of Yorba Linda
Water District or its directors, officers, employees, or authorized volunteers;
b. Any and all actions, proceedings, damages, costs, expenses, penalties or liabilities, in law or
equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of
the violation of any governmental law or regulation, compliance with which is the
responsibility of Lessee.
C. Any and all losses, expenses, damages, attorneys' fees, and other costs, including all costs
of defense, which any of them may incur with respect to the failure, neglect, or refusal of
Lessee to faithfully perform all of its obligations under the Agreement. Such costs,
expenses, and damages shall include all costs, including attorneys' fees, incurred by the
indemnified parties in any lawsuit to which they are a party.
Lessee shall defend, at Lessee's own cost, expense and risk, any and all such aforesaid suits,
actions, or other legal proceedings of every kind that may be brought or instituted against Yorba
Linda Water District or its directors, officers, agents, consultants, employees or authorized
volunteers.
17394574_8
20
SITE NAME: Annise
SITE NUMBER: 152561
Lessee shall pay and satisfy any judgment, award or decree that may be rendered against Yorba
Linda Water District or its directors, officers, agents, consultants, employees or authorized
volunteers, in any and all such suits, actions, or other legal proceedings.
Lessee shall reimburse Yorba Linda Water District or its directors, officers, agents, consultants,
employees or authorized volunteers, for reasonable legal expenses and costs incurred by each of
them in connection with enforcing the indemnity herein provided.
Lessee's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
the Yorba Linda Water District, or its directors, officers, agents, consultants, employees or
authorized volunteers.
Commercial General Liability and Automobile Liability Insurance - The Lessee shall provide
and maintain the following commercial general liability and automobile liability insurance:
Coverage - Coverage for commercial general liability and automobile liability insurance
shall be at least as broad as the following:
Insurance Services Office (ISO) Commercial General Liability Coverage
(Occurrence Form CG 0001) or substantial equivalent.
*2. Insurance Services Office (ISO) Business Auto Coverage (Form CA 0001),
covering Symbol 1 (any auto) or substantial equivalent.
Limits - The Lessee shall maintain limits no less than the following:
General Liability - Five million dollars ($5,000,000) per occurrence for
bodily injury, personal injury and property damage.
*2. Automobile Liability - One million dollars ($1,000,000) for bodily injury
and property damage each accident limit.
*Applicable if exposure exists.
Required Provisions - The general liability and automobile liability policies are to contain,
or be endorsed to contain, the following provisions to the effect:
17394574_8
The Yorba Linda Water District, its directors, officers, agents, consultants,
employees and authorized volunteers are to be given additional insured
status (via ISO endorsement CG 2011, CG 2024 (if land only), or insurer's
substantial equivalent for general liability coverage) as respects: liability
arising out of premises leased by the Lessee; and automobiles owned,
leased, hired or borrowed by the Lessee. The coverage shall contain no
special limitations on the scope of protection afforded to the Yorba Linda
21
SITE NAME: Annise
SITE NUMBER: 152561
Water District, its directors, officers, agents, consultants, employees or
authorized volunteers.
2. For any claims related to the Agreement, the Lessee's insurance shall be
primary insurance as relates to Lessee operations. Any insurance, self -
insurance or other coverage maintained by the Yorba Linda Water District,
its directors, officers, agents, consultants, employees or authorized
volunteers shall not contribute to it.
Any errors or omissions by Lessee shall not affect coverage provided to the
Yorba Linda Water District, its directors, officers, agents, consultants,
employees or authorized volunteers.
4. The Lessee's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
5. Lessee's General Liability, Auto Liability and Workers Compensation
insurance policies required by this Agreement shall state or be endorsed to
state that coverage shall not be canceled by the insurance carrier or the
Lessee, except after thirty (3 0) days (10 days for non - payment of premium)
prior written notice by U.S. mail or email has been given to the Yorba Linda
Water District. Lessee or its insurance carrier shall endeavor to provide
thirty days notice of cancellation on Lessee's property insurance.
Such liability insurance shall indemnify the Lessee and his /her contractors against loss from
liability imposed by law upon, or assumed under contract by, the Lessee or his /her contractors for
damages on account of such bodily injury (including death), property damage, and personal injury
subject to standard policy provisions and exclusions..
The general liability policy shall cover bodily injury and property damage liability, owned and non -
owned equipment, and blanket contractual liability.
The automobile liability policy shall cover all owned, non- owned, and hired automobiles.
All proof of insurance shall be provided on commercially reasonable forms acceptable to the Yorba
Linda Water District.
17394574_8
22
SITE NAME: Annise
SITE NUMBER: 152561
Acceptability of Insurers - Insurance is to be placed with insurers having a current A.M. Best
rating of no less than A -:VII or equivalent or as otherwise approved by the Yorba Linda Water
District.
Workers' Compensation and Employer's Liability Insurance - The Lessee shall cover or insure
under the applicable laws relating to workers' compensation insurance, all of their employees
working on or about the property, in accordance with the "Workers' Compensation and Insurance
Act ", Division IV of the Labor Code of the State of California and any Acts amendatory thereof.
The Lessee shall provide employer's liability insurance with limits no less than $1,000,000 each
accident, $1,000,000 disease policy limit, and $1,000,000 disease each employee.
Property Insurance" - The Lessee shall provide and maintain property insurance covering all
risks of direct physical loss', damage or destruction to Lessee's:
- Real Property at full replacement cost
- Improvements and Betterments
The Lessee shall provide and maintain property insurance covering all risks of direct physical loss',
damage or destruction to Lessee's
- Personal Property
Yorba Linda Water District shall be added as an insured on the property insurance policy(ies).
Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to
waive subrogation against Yorba Linda Water District, its directors, officers, agents, consultants,
employees and authorized volunteers or shall specifically allow Lessee or others providing
insurance evidence in compliance with this Agreement to waive their right of recovery prior to
loss. LESSEE waives its right of recovery against the Yorba Linda Water District, its directors,
officers, agents, consultants, employees, and authorized volunteers for damages covered by
insurance required by this Agreement.
Evidences of Insurance - Prior to execution of the Agreement, the Lessee shall file with the Yorba
Linda Water District a certificate of insurance (Acord Form 25 -S or substantial equivalent) signed
by the insurer's representative or authorized representative evidencing the coverage required by
this Agreement. Such evidence shall include a blanket additional insured endorsement signed by
the insurer's representative and evidence of waiver of rights of subrogation as required herein.
Continuation of Coverage - If any of the required coverages expire during the term of this
Agreement, the Lessee shall deliver the renewal certificate(s) including the general liability
blanket additional insured endorsement and evidence of waiver of rights of subrogation against the
Yorba Linda Water District to the Yorba Linda Water District at least ten (10) business days after
the expiration date, without lapse in coverage.
17394574_8
23
SITE NAME: Annise
SITE NUMBER: 152561
Footnote 1 - Addition of earthquake and flood should be considered if loss potential from these
perils is significant.
"This provision is not applicable if this is a land lease only. Real property provisions apply only
if the Lessee is required to provide insurance coverage on the building(s). Improvements and
betterments provisions apply only if the Lessee is required to provide insurance coverage on
improvements and betterments.
17394574_8
24
AGENDA REPORT
Meeting Date: August 5, 2013
To: Planning- Engineering-
Operations Committee
From: Steve Conklin, Acting General
Manager
Presented By: Staff
Prepared By: Harold Hulbert, Operations
Assistant
Budgeted:
Total Budget:
Cost Estimate:
Funding Source:
Account No:
Dept:
Reviewed by Legal:
CEQA Compliance:
Subject: Award of Landscape Maintenance Contract
SUMMARY:
ITEM NO. 4.3
Yes
$40,000
$37,050.00
All Water Funds
1- 5060 - 0600 -40
Operations
Yes
N/A
On July 6, 2013 the District posted an ad in the Orange County Register soliciting a Request for
Proposals for Landscape Services.. The ad called for a mandatory job walk on July 17, 2013 at
1717 Miraloma Ave, Placentia, for any vendor wishing to submit a proposal.
Three vendors responded and attended the July 17 job walk, and each was provided additional
specifics as to how proposals must be received. These specifications included detail cost sheets for
labor hours for each task and site, as well as labor cost and material cost, with a total not to exceed
cost per month. The list of vendors included:
1. Marina Landscape
2. Park West Landscape Management
3. Merchants Landscape
Two proposals were received.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors authorize the General Manager to enter into
a Landscape Service Contract with Marina Landscape, Inc. The initial term of the contract will be 10
months with service starting on September 1, 2013 and ending on June 30, 2014, with a total
contract cost not to exceed of $37,050.00. Additionally, that the Board of Directors authorize the
General Manager to execute the annual renewal options as provided, if staff remains satisfied with
the level of service being provided by Marina Landscape, Inc. It should be noted that each renewal
option could have a slight increase in the annual cost, but is controlled by the Orange County
Consumer Price index.
DISCUSSION:
As noted above, each vendor was given specific instructions as to how their proposal was to be
completed. Each vendor submitted their proposal as a "Fixed Rate Not to Exceed" cost per site per
month, which was then adjusted to an annual "not to exceed cost" for the District to review.
Both proposals and annual not to exceed amounts were reviewed by staff and confirmed through e-
mail by the respective vendor for accuracy. The not to exceed contract amounts are listed below.
1. Marina Landscape: $ 37,050.00
2. Park West Landscape Management: $ 92,556.00
The terms of the initial contract will be 10 months, with three additional one year renewal options.
Price increases are optional at the end of each one year contract, but will be fixed to the Orange
County Consumer Price index and must be requested in advance by the vendor. Based upon the
above pricing the total estimated cost with all renewal options would be:
1. Marina Landscape: $ 148,200.00
2. Park West Landscape Management: $ 370,224.00
Marina Landscape has been providing landscape services for the District since 2009. Staff has
developed a good working relationship with Marina during this time and is happy with the service
that has been provided to date. As such, staff recommends award of the service contract to Marina
Landscape, Inc.
AGENDA REPORT
Meeting Date: August 5, 2013
ITEM NO. 5.1
Subject: Monthly Groundwater Production and Purchased Import Water Report
ATTACHMENTS:
Description: Type:
Import 2013 -14 Jul.pdf July 2013 Monthly Water Report Backup Material
YLWD SOURCE WATER SUMMARY
FY 2013 -14
Allowable GW (YTD) 1,239.0 (AF)
Underpumped (47.5) (AF)
IN -LIEU
GW
(AF)
ACTUAL
GW
(AF)
ADJUSTED
IMPORT
(AF)
TOTAL
DEMAND
(AF)
MONTHLY
GW
( %)
YTD
GW
( %)
BUDGET
(Demand Est.)
(AF)
DELTA
( %)
MONTH
Jul -13
Aug -13
Sep -13
Oct -13
Nov -13
Dec -13
Jan -14
Feb -14
Mar -14
Apr -14
May -14
Jun -14
-
1,286.5
1,105.4
2,391.8
53.8%
53.8%
2,354.0
1.6%
2,316.0
55.0%
2,032.0
50.0%
1,714.0
45.0%
1,354.0
40.0%
1,218.0
35.0%
1,062.0
30.0%
Jul -13 Aug -13 Sep -13
1,016.0
Month
1,204.0
1,506.0
1,992.0
2,232.0
FYTD
-
1 1,286.5
1 1,105.41
2,391.8
1
1 53.8%
1 2,354.0
1.6%
Allowable GW (YTD) 1,239.0 (AF)
Underpumped (47.5) (AF)
GROUNDWATER PERCENTAGE
80.0%
MONTHLY GW (%
75.0%
_,_.YTD GW (%)
70.0% -BPP GOAL 51.8
65.0%
60.0%
55.0%
50.0%
45.0%
40.0%
35.0%
30.0%
Jul -13 Aug -13 Sep -13
Oct -13 Nov -13 Dec -13 Jan -14 Feb -14 Mar -14 Apr -14 May -14 Jun -14
Month
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ITEM NO. 5.2
AGENDA REPORT
Meeting Date: August 5, 2013
Subject: Monthly Production Summary Report
ATTACHMENTS:
Description: Type:
Monthly Production Division Status Report July 13 Final.pdf Monthly Production Report Backup Material
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ITEM NO. 5.3
AGENDA REPORT
Meeting Date: August 5, 2013
Subject: Monthly Preventative Maintenance Report
ATTACHMENTS:
Description: Type:
2013 -14 PM.xls Backup Material Backup Material
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AGENDA REPORT
Meeting Date: August 5, 2013
Subject: Groundwater Producers Meeting Report for July 2013
ATTACHMENTS:
Description:
GWP Mtq Notes 17 July 2013.docx GWP Meeting for July 2013
ITEM NO. 5.4
Type:
Backup Material
ImYorba Linda
Water District
MEMORANDUM
DATE: July 18, 2013
TO: File
FROM: Steve Conklin, Acting General Manager
SUBJECT: Groundwater Producers Meeting, June 12, 2013
The following is a summary of the items discussed at the Groundwater Producers
(GWP) meeting that I attended on July 17, 2013 at OCWD.
1. Potential Participation in Ocean Desalination Project
John Kennedy of OCWD gave a ppt presentation on the Poseidon Ocean Desal
Project and a provided a scenario by which OCWD could be a project participant
and potential purchaser of product water for distribution. He reported that the
OCWD Water Issues Committee made a recommendation on this issue to the
Board to: 1) authorize execution of a confidentially agreement and receive
information from Poseidon Resources to study the economic feasibility of a
seawater desalination facility in Huntington Beach that may lead to a water
purchase agreement for the entire productive capacity of the plant, 2) establish a
`Citizens Advisory Committee' for the potential project and 3) authorize staff to
hire financial and technical consultants up to $100,000 if necessary to assist with
the review of Poseidon documents and research questions posed by the
Committee. There was extensive discussion on this and several questioned if
this is the direction that OCWD should be heading in place of dealing with other
important basin management issues.
2. Annexation Update.
In response to comments on the draft EIR, OCWD is performing additional
modeling scenarios of the basin. Completion of the modeling runs and
subsequent revision to the EIR document will delay completion of the EIR to the
end of August, with the final document ready to go to the OCWD Board in
September. On a parallel path to the above, the Groundwater Producers (GWP)
are meeting on a regular basis to discuss impacts to the basin of the proposed
annexation, and means to offset those impacts. A list of potential offsets was
developed at the July 15 GWP meeting. The discussion of offsets and their
relative value will be discussed at the next GWP meeting on July 29.
When a consensus of the GWP is reached on the offsets issue, the separate
Annexation Agreements between OCWD and each of the annexing parties will
have to be drafted and approved by the parties. These might be complete by
September, but could take longer. It is anticipated that the agreements and the
EIR will come to the OCWD Board at the same time.
3. Coastal Protective Groundwater Elevations
This was tabled for discussion at a later meeting.
4. Other. There has been no call for the pumping of CUP water in FY 13 -14 from
MWD. Based on information from MWD staff, it is not probable that there will be
a call for it this year.
ITEM NO. 5.7
AGENDA REPORT
Meeting Date: August 5, 2013
Subject: Status of Capital Projects in Progress
ATTACHMENTS:
Description: Type:
CIP Rept Aug2013.pdf Status Report on Capital Projects in Progress Backup Material
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AGENDA REPORT
Meeting Date: August 5, 2013
ITEM NO. 5.8
Subject: Status of Strategic Plan Initiatives
ATTACHMENTS:
Description: Type:
Strat PI Tracking- July20l3.xlsx Strategic Plan Initiatives for July 2013 Backup Material
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