Loading...
HomeMy WebLinkAbout08-21-06 F&A Committee PacketOTAY WATER DISTRICT FINANCE AND ADMINISTRATION COMMITTEE MEETING and SPECIAL MEETING OF THE BOARD OF DIRECTORS 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY,CALIFORNIA BOARDROOM MONDAY August 21,2006 4:00 P.M. This is a District Committee meeting.This meeting is being posted as a special meeting in order to comply with the Brown Act (Government Code Section §54954.2)in the event that a quorum of the Board is present.Items will be deliberated,however,no formal board actions will be taken at this meeting.The committee makes recommendations to the full board for its consideration and formal action. AGENDA 1.ROLL CALL 2.PUBLIC PARTICIPATION -OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE BOARD'S JURISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA DISCUSSION ITEMS 3.ADOPT RESOLUTION NO.4087 AMENDING POLICY NO.4,QUOTATIONS FOR FEES OR CHARGES,ESTABLISHING A PERIOD OF TIME THAT WRIT- TEN QUOTATIONS ARE VALID (POSADA/CHARLES)[5 minutes] 4.PRESENTATION OF THE BOARD OF DIRECTORS 4TH QUARTER EXPENSES FOR FISCAL YEAR 2006 (PRENDERGAST)[5 minutes] 5.RECEIVE THE INVESTMENT POLICY (BOARD OF DIRECTORS POLICY NO. 27)AND ADOPT RESOLUTION NO.4088 AMENDING THE POLICY AND RE- DELEGATING AUTHORITY FOR ALL INVESTMENT RELATED ACTIVITIES TO THE CHIEF FINANCIAL OFFICER (CUDLlP)[10 minutes] 6.APPROVE A ONE-TIME PAYMENT OF $5,000 TO THE WATER CONSERVA- TION GARDEN TO PROVIDE FUNDING FOR BOARD SECRETARY SUPPORT (WATTON) 7.APPROVE THE EXECUTION OF AN AGREEMENT WITH CRICKET COMMU- NICATIONS,INC.,A DELAWARE CORPORATION,FOR THE INSTALLATION 1 OF A COMMUNICATIONS FACILITY AT THE 485-1 RESERVOIR SITE (VAUGHN)[5 minutes] 8.APPROVE THE EXECUTION OF AN AGREEMENT WITH CRICKET COMMU- NICATIONS,INC.,A DELAWARE CORPORATION,FOR THE INSTALLATION OF A COMMUNICATIONS FACILITY AT THE 458-1&2 RESERVOIR SITE (VAUGHN)[5 minutes] 9.ADJOURNMENT All items appearing on this agenda,whether or not expressly listed for action,may be deliberated and may be subject to action by the Board. If you have any disability which would require accommodation in order to enable you to participate in this meeting, please call the District Secretary at 670-2280 at least 24 hours prior to the meeting. Certification of Posting I certify that on August 18,2006 I posted a copy of the foregoing agenda near the regular meeting place of the Board of Directors of Otay Water District,said time being at least 24 hours in advance of the meeting of the Board of Directors (Government Code Section §54954.2). Executed at Spring Valley,California on August 18,2006. 2 AGENDA ITEM 3 STAFF REPORT TYPE MEETING: SUBMITTED BY: APPROVED BY: (Chief) APPROVED BY: (Asst.GM): SUBJECT: Regular Board MEETING DATE:September 6,2006 David Charles,~W.O.lG.F.NO:DIV.NO.All Public Services Manager Rod Posada,~~o~ Chief,Engineering Manny Magafia~ Assistant General~anager,Engineering and Operations Adopt Resolution No.4087 Amending Policy 4 -Quotations for Fees or Charges GENERAL MANAGER'S RECOMMENDATION: That the Board adopt Resolution No.4087 Amending Policy 4 - Quotations for Fees or Charges. COMMITTEE ACTION: Please see Attachment A. PURPOSE: To amend the requirement of Policy 4 -Quotation for Fees or Charges,concerning the period of time during which written quotes are honored.The proposed revisions are intended to establish that written quotations given for fees and charges (including annexation fees)shall be firm only within the calendar quarter within which the quote is given. ANALYSIS: It is District practice to adjust capacity fees quarterly in January,April,July,and October of each year to reflect fluctuation in construction costs as measured by the Engineering News Record Construction Cost Index.It is also District practice to notify Developers of the quarterly adjustments. Policy No.4 was last modified on September 20,1995.This Policy currently provides that writen quotations remain in effect for 30-calendar days from the date the quote is given. If the 30-day period overlaps two quarters,the capacity fees are adjusted before developer pays the quoted fees.In this situation,staff has to manually override the then current capacity fees already programmed into the system and enter the quoted capacity fees.This practice is time-consuming and may lead to errors because staff must remember to alter the fees in all parts of the system that have been automatically updated to the new capacity fees. Staff is requesting Board consideration to amend Policy No.4 to establish a period of time that written quotations for capacity fees or charges will be valid during either the lesser of (i) 30-calendar days from the date of issuance or (ii)until the end of the quarter in which the quote is given.All new quotation forms will clearly state that OWO capacity fees and charges will be adjusted as necessary to comply with any increase or decrease in meter fees at time of purchase.This practice is very similar to County Water Authority's existing policy concerning adjustment of their capacity fee increases FISCAL IMPACT: None. STRATEGIC GOAL: None. LEGAL IMPACT: None. MuJ#fL_ Gelieral Manager DC/RP:vm Attachments: A.Committee Action B.Policy 4 (Final &Strikethrough) C.Resolution No.4087 P:\Public-s\STAFF REPORTS\BD 09-06-06,Amendment to Policy 4 -Staff Report (DC).doc 2 ATTACHMENT A [SUBJECTjPROJECT:TA·d;;Pt··R~~0i~ltio~miio:··4·68·7···~ending····t0 Policy 4 I i for Fees or Charges !~~.?~~~!.:...................JY.'!.~.9.:~.?..:.. COMMITTEE ACTION: Quotations The "Committee Action"is written in anticipation of the Committee(s)moving the item forward for Board approval.This report will be sent to the Board as a Committee(s)approved item,or modified to reflect any discussion or changes as directed from the Committee(s)prior to presentation to the full Board. 3 ATTACHMENT B aTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised I QUOTATIONS FOR FEES OR CHARGES 04 10/15/84 9/20/95 9/6/06 Purpose.== TO provide that quotations given for fees and charges (including annexation fees)shall be firm for a fixed period of time following the date of issuance. Background. The District frequently receives requests for information regarding fees or charges for (i)annexation of land to the District or to an Improvement District,or (ii)connection to District facilities.On occasion,after giving a quotation,the fees or charges have been increased before the property owner or developer could complete arrangements for financing.This created an unforeseen hardship. Policy. Responses to requests for information concerning fees or charges will be furnished by the District in writing. The amount of such fees,or charges shall be determined in accordance with District Ordinances and District Policies. Written quotations furnished by the District for fees or charges shall remain in effect for the lesser of (i)a period of 30~­ calendar days from the date of the written quote,or (ii)until the end of the calendar quarter within which the guote is issuedance _by the District.Written quotations shall advise the customer of any potential increase in the fees or charges quoted which are expected to occur wit~in the 30-day period.Verbal quotations shall immediately be confirmed in writing by Staff. Page 1 of 1 ATTACHMENT B OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised QUOTATIONS FOR FEES OR CHARGES 04 10/15/84 9/6/06 Purpose. To provide that quotations given for fees and charges (including annexation fees)shall be firm for a fixed period of time following the date of issuance. Background. The District frequently receives requests for information regarding fees or charges for (i)annexation of land to the District or to an Improvement District,or (ii)connection to District facilities.On occasion,after giving a quotation,the fees or charges have been increased before the property owner or developer could complete arrangements for financing.This created an unforeseen hardship. Policy. Responses to requests for information concerning fees or charges will be furnished by the District in writing. The amount of such fees,or charges shall be determined in accordance with District Ordinances and District Policies. Written quotations furnished by the District for fees or charges shall remain in effect for the lesser of (i)a period of 30- calendar days from the date of the written quote,or (ii)until the end of the calendar quarter within which the quote is issued by the District.Written quotations shall advise the customer of any potential increase in the fees or charges quoted which are expected to occur within the 30-day period.Verbal quotations shall immediately be confirmed in writing by Staff. Page 1 of 1 Attachment C RESOLUTION NO.4087 RESOLUTION OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT APPROVING AMENDMENTS TO POLICY 4,QUOTATIONS FOR FEES AND CHARGES WHEREAS,the District staff routinely evaluates and makes recommendations to update and revise Board policies,in order to ensure that the policies are maintained to reflect current information,and WHEREAS,Policy Number 4,Quotations for Fees and Charges, was last revised on September 20,1995,and WHEREAS,the Development Services staff evaluated Board of Directors Policy Number 4,Quotations for Fees and Charges,and identified the need to update the policy with regard to the period of time during which written quotes are honored. NOW,THEREFORE,BE IT RESOLVED by the Board of Directors of the Otay Water District that Board of Directors Policy 4, Quotations for Fees and Charges,be amended to explain the period of time during which written quotes will be honored,and that the language in the policy be amended as follows: Policy: Written quotations furnished by the District for fees or charges shall remain in effect for the lesser of (i)a period of 30-calendar days from the date of the written quote,or (ii)until the end of the calendar quarter within which the quote is issued by the District.Written quotations shall advise the customer of any potential 1 Attachment C increase in the fees or charges quoted which are expected to occur within the 30-day period.Verbal quotations shall immediately be confirmed in writing by Staff. PASSED,APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 6th of September 2006. President ATTEST: secretary 2 rl I AGENDA ITEM 4 STAFF REPORT TYPE MEETING: SUBMITTED BY: Regular Board Sean Prendergast, MEETING DATE: W.O.lG.F.NO: September 6,2006 DIV.NO.All APPROVED BY: (Chief) APPROVED BY: (Asst.GM): SUBJECT: paYr?!ll~Supervisor JosepJ .Beachem,Chief Financial Officer Germ n ~Assistant General Manager Director's Expenses for the 4th Quarter of Fiscal Year 2006 GENERAL MANAGER'S RECOMMENDATION: This is an informational item only. COMMITTEE ACTION: Please see Attachment A. PURPOSE: To inform the Board of the Director's expenses for the 4th quarter of Fiscal Year 2006. ANALYSIS: The Director's expense information is being presented in order to comply with State law.(See Attachment B for Summary and C-H for Details.)~ FISCAL IMPACT:_--=--- ~None. STRATEGIC GOAL: Prudently manage District funds. LEGAL IMPACT: State law. General Manager Attachments: A)Committee Action Form B)Director's E~penses and per Diems C-H)Director's Expenses Detail SUBJECT/PROJECT: ATTACHMENT A Director's Expenses for the 4th Quarter of Fiscal Year 2006 COMMITTEE ACTION: This is an informational item only. NOTE: The "Committee Action"is written in anticipation of the Committee moving the item forward for board approval.This report will be sent to the Board as a committee approved item, or modified to reflect any discussion or changes as directed from the committee prior to presentation to the full board. F:\DianeA\staff Rpts 2006\CommMtgDirExp090606.doc Attachment B BOARD OF DIRECTORS' EXPENSES AND PER-DIEMS FINANCE AND ADMINISTRATION COMMITEE AUGUST 21,2006 ·Policy 8 requires that staff present the Expenses and Per-Diems for the Board of Directors on a Quarterly basis: •Fiscal Year 2006,4th Quarter •The expenses are shown in detail by Board member,month and expense type. •This presentation is in alphabetical order. •This information was presented to the Finance and Administration Committee on August 21,2006 Board of Directors'Expenses and Per-Diems Fiscal Year 2006 Quarter 4 (Apr 06-Jun 06) •Director Bonilla •Director Breitfelder •Director Croucher •Director Lopez •Director Robak •Total 0.00 $1,196.31 $1,625.00 $426.70 $2,388.24 $5,636.25 Director Bonilla Fiscal Year 2006 Quarter 4 Apr 06 May 06 Jun06 Qtr4 •Mileage Business •Mileage Commute •Conference •Travel •Director's Fees • •Monthly Totals 0.00 0.00 0.00 •Meetings Attended Director Bonilla does not·request •Meetings Paid Per-Diem reimbursements. •Quarterly Total •Fiscal Year-to-Date 2006 (JuI05-Jun06)1,814.63 Director Brietfelder Fiscal Year 2006 Quarter 4 Apr 06 May 06 Jun 06 Qtr4 •Mileage Business 37.38 •Mileage Commute 13.35 40.05 13.35 •Business Meetings 20.00 52.00 20.00 •Seminars &Travel •Director's Fees 200.00 600.00 200.00 •Monthly Totals 233.35 692.05 270.73 •Meetings Attended 15 13 •Meetings Paid 2 6 •Quarterly Total •Fiscal Year-to-Date 2006 (JuI05-Jun06) 10 2 1,196.13 7,405.21 Director Croucher Fiscal Year 2006 Quarter 4 Apr 06 May 06 Jun06 Qtr4 •Mileage Business •Mileage Commute •Director's Fees 300.00 500.00 300.00 •Seminars 525.00 •Business Meeting •Monthly Totals 300.00 500.00 825.00 • •Meetings Attended 5 7 6 •Meetings Paid 3 5 3 •Quarterly Total 1,625.00 •Fiscal Year-to-Date 2006 (JuI05-Jun06)4,420.22 Director Lopez· Fiscal Year 2006 Quarter 4 •Mileage Business •Mileage Commute •Travel •Director's Fees •Conference •Monthly Totals Apr 06 May 06 Jun 06 26.70 400.00 426.70 Qtr4 •Meetings Attended 5 •Meetings Paid 4 •Quarterly Total •Fiscal Year-to-Date 2006 (JuI05-Jun06) 426.70 4,899.76 Director Robak Fiscal Year 2006 Quarter 4 Apr 06 May 06 Jun06 Qtr4 •Mileage Business 51.62 64.53 63.19 •Mileage Commute 5.34 3.56 •Travel •Director's Fees 600.00 800.00 800.00 •Conference •Monthly Totals 651.62 869.87 866.75 •Meetings Attended 9 13 •Meetings Paid 6 8 Quarterly Total •Fiscal Year-to-Date 2006 (JuI05-Jun06) 12 8 2,388.24 10,516.43 Board of Directors'Expenses and Per Diems Fiscal Year 2006 to Date (Jul 05-Jun 06) •Director Bonilla •Director Breitfelder •Director Croucher •Director Lopez •Director Robak •Total $1,814.63 $7,405.21 $4,420.22 $4,899.76 '$10,516.43 $29,056.25 Board of Directors'Expenses and Per Diems Fiscal Year 2·006 to Date (Jul 05-Jun 06)Projected •Director Bonilla •Director Breitfelder •Director Croucher •Director Lopez •Director Robak •Total $1,680.00 $8,278.00 $3,727.00 $5,797.00 $9,122.00 $28,604.00 ATTACHMENTC SECTIONC OTAY WATER DISTRICT ADMINISTRATIVE EXPENSES -BOARD July 1,2005 -Juue 30,2006 .Jul-05 Aug-05 Sep-05 Ocl'05 N.v-05 Dec-05 J"n-06 Feb"06 Mar-06 Apr'06 May'06 .Jun"06 TOTAL JAIME BONILLA(DETAILED INSECTION D): 5211 Mileage -Payroll 5211 Mileage -Accounts Payable 5212 Travel 1,560.81 1,560.81 5214 Business meetings 5114 Director's fees 5241 Telephone 5213 Seminars and conferences 253.82 253.82 Total 1,814.63 1,814.63 LARRY BREITFELDER (DETAILEDIN SECTION E): 5211 Mileage -Payroll 36.45 43.65 43.65 29.10 14.55 14.55 26.70 13.35 40.05 13.35 275.40 5211 Mileage-Accounts Payable 34.02 16.49 154.23 45.59 64.27 71.78 55.18 50.73 37.38 529.67 5212 Travel 593.14 593.14 5214 Business meetings 66.00 20.00 20.00 82.00 20.00 20.00 40.00 20.00 20.00 52.00 20.00 380.00 5114 Director's fees 400.00 400.00 700.00 400.00 400.00 400.00 400.00 200.00 200.00 600.00 200.00 4,300.00 5241 Telephone 5213 Seminars andconferences 592.00 150.00 585.00 1,327.00 TOlal 536.47 460.14 2,103.02 644.69 1,145,82 506.33 501.88 290.73 20.00 233.35 692.05 270.73 7,405.21 GARY D.CROUCHER(DETAILED INSECTlONF): 5211 Mileage-Payroll 4.86 4.86 3.88 7.76 3.88 25.24 5211 Mileage -Accounts Payable 14.55 18.43 32.98 5212 Travel 5214 Business meetings 32.00 32.00 5114 Director'sfees 300.00 400.00 200.00 400.00 300.00 300.00 200.00 200.00 200.00 300.00 500.00 300.00 3,600.00 5241 Telephone 5213 Seminars andconferences 205.00 525.00 730.00 Total 304.86 451.41 203.88 407.76 300.00 527.31 200.00 200,00 200.00 300.00 500.00 825.00 4,420.22 JOSELOPEZ(DETAILED INSECTION G): 5211 Mileage-Payroll 35.60 26.70 26.70 26.70 115.70 5211 Mileage-Accounts Payable 5212 Travel 1,560.81 1,560.81 5214 Business meetings 5281 Director's fees 400.00 300.00 500.00 300.00 500.00 400.00 2,400.00 5241 Telephone 5213 Seminars andconferences 150.00 375.00 298.25 823.25 Total 150.00 775.00 300.00 535.60 326.70 2,385.76 426.70 4,899.76 MARKROBAK(DETAILED INSECTION 11): 5211 Mileage.Payroll 3.24 3.24 11.64 5.82 3.88 1.94 1.78 1.78 3.56 5.34 3.56 45.78 5211 Mileage-Accounts Payable 34.43 20.86 22.31 92.69 41.23 33.95 49.84 66.75 104.96 51.62 64.53 63.19 646.33 5212 Travel 1,421.59 1,421.59 5214 Business meetings 5114 Director's fees 700.00 400.00 600.00 700.00 600.00 600.00 600.00 500.00 600.00 600.00 800.00 800.00 7,500.00 5241 Telephone 5213 Seminars and conferences 50.00 150.00 395.00 307.72 902.72 Total 737.67 424.10 683.95 948.51 1,040.11 635.89 651.62 568.53 2,437.83 651.62 869.87 866.75 10,516.43 TOTALS: 5211 Mileage -Payroll 44.55 51.75 59.17 42.68 18.43 20.37 64.08 28.48 30.26 13.35 72.09 16.91 462.12 5211 Mileage -Accounts Payable 68.45 51.90 176.54 138.28 105.50 124.16 105.02 117.48 104.96 51.62 64.53 100.57 1,208.99 5212 Travel 593.14 4,543.21 5,136.35 5214 Businessmeetings 66.00 3200 20.00 20.00 82.00 20.00 20.00 40.00 20.00 20.00 52.00 20.00 412.00 5114 Director'sfees 1,400.00 1,200.00 1,500.00 1,500.00 1,700.00 1,600.00 1,700.00 1,200.00 1,300.00 1,100.00 2,300.00 1,300.00 17,800.00 5241 Telephone 5213 Seminars and conferences 642.00 450.00 1,355.00 205.00 859.79 525.00 4,036.79 Total 1,579.00 1,335.65 2,990.85 2,150.96 3,260.93 1,969.53 1,889.10 1,385.96 6,858.22 1,184.97 2,488.62 1,962.48 29,056.25 F:/YTDJUNE06SUMMARYYTD JUNE 06 Printed Dale81312006 IDIRECTORS NAME OTAY WATER DISTRICT SUMMARY -BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1,2005 THROUGH JUNE 30,2006 ATTACHMENT D SECTION DIJAIMEBONIlLAI S 3/22/2006 F:/YTD JUNE 06Jaime-Div 2 3/14/2006 3/22/2006 3/19/2006 REGISTRATION FEE -WORLD WATER FORUM (3/16-19/06) FOREIGN TRANSACTION FEE HOTEL-WORLD WATER FORUM IN MEXICO CITY (3/16-19/06) AIRFARE -MEXICO CITY,MEXICO FEE TO CHANGE RETURN FLIGHT 1 of 13 $244.86 8.96 813.69 622.11 125.01 Printed Date:8/3/2006 OTAY WATER DISTRICT SUMMARY -BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1,2005 THROUGH JUNE 30,2006 ATTACHMENT E SECTION EIDIRECTORSNAMEILARRYBREITFELDER J it' 7/8/2005 I iiRI it FIRST FRIDAY BREAKFAST -TO WELCOME BOB FILNER 7/19/2005•COUNCIL OF WATER UTILITIES MONTHLY MEETING 7/21/2005 WATER AGENCY ASSOCIATION 9/20/20051Z a COUNCIL OF WATER UTILITIES MONTHLY MEETING 10/18/2005 COUNCIL OF WATER UTILITIES MONTHLY MEETING 11/15/2005, COUNCIL OF WATER UTILITIES MONTHLY MEETING 11/17/2005 CSDA QUARTERLY MEETING 12/20/2005•COUNCIL OF WATER UTILITIES MONTHLY MEETING 11/16/2005 11 1 SAN DIEGO COUNTY WATER WORKS GROUP 1/17/2006 COUNCIL OF WATER UTILITIES MONTHLY MEETING 2/16/2006 T W r T 1 VlIi CALIFORNIA SPECIAL DISTRICT ASSOCIATION 2/21/2006 COUNCIL OF WATER UTILITIES MONTHLY MEETING 3/16/2006--COUNCIL OF WATER UTILITIES MONTHLY MEETING 4/18/2006 UlllIII COUNCIL OF WATER UTILITIES MONTHLY MEETING 5/16/2006_n COUNCIL OF WATER UTILITIES MONTHLY MEETING 5/18/2006 CSDA QUARTERLY MEETING 6/20/2006•COUNCIL OF WATER UTILITIES MONTHLY MEETING RS 9/27/2005 CSDA ANNUAL CONFERENCE (9/27-9/29/05) $11.00 20.00 35.00 20.00 20.00 20.00 32.00 20.00 30.00 20.00 20.00 20.00 20.00 20.00 .20.00 32.00 20.00 592.00 F:/YTD JUNE 06Larry-Div 1 10/14/2005 t i i MVe' 11/29/2005 7/12/2005t1 7/19/2005 7/21/2005 15th ANNUAL ECONOMIC SUMMIT ACWA FALL CONFERENCE (11/29 -12/02/05) ASSOCIATION OF CA WATER AGENCIES REGULAR BOARD MEETING COUNCIL OF WATER UTILITIES MONTHLY MEETING WATER AGENCY ASSOCIATION 2 of 13 150.00 375.00 210.00 100.00 100.00 100.00 Printed Dale:8/3/2006 OTAY WATER DISTRICT SUMMARY -BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1,2005 THROUGH JUNE 30,2006 IDIRECTORS NAME ILARRY BREITFELDER ACWA SEAWATER DESALINATION PROGRAM 100.00 8/3/2005 REGULAR BOARD MEETING 100.00 8/8/2005 CWA CONSERVATION COMMITTEE 100.00 8/11/2005 SPECIAL BOARD MEETING 100.00 8/23/2005 SPECIAL BOARD MEETING 100.00 9/7/2005 REGULAR BOARD MEETING 100.00 9/12/2005 SPECIAL BOARD MEETING 100.00 9/20/2005 COUNCIL OF WATER UTILITIES MONTHLY MEETING 100.00 9/27/2005 CSDA CONFERENCE 100.00 9/19/2005 OTAY WATER DISTRICT TOUR OF INFRASTRUCTURE 100.00 9/26/2005 CSDA CONFERENCE 100.00 9/28/2005 CSDA CONFERENCE 100.00 10/9/2005 REGULAR BOARD MEETING 100.00 10/17/2005 SPECIAL BOARD MEETING 100.00 10/18/2005 COUNCIL OF WATER UTILITIES MONTHLY MEETING 100.00 10/24/2005 OTAY WATER DISTRICT GROUND BREAKING 100.00 11/7/2005 REGULAR BOARD MEETING 100.00 12/1/2005 7 IT ... ASSOCIATION OF CA WATER AGENCIES 100.00 12/7/2005 REGULAR BOARD MEETING 100.00 11/4/2005 FIRST FRIDAY BREAKFAST 100.00 11/15/2005 COUNCIL OF WATER UTILITIES MONTHLY MEETING 100.00 11/17/2005 CSDA CONFERENCE 100.00 12/12/2005 CWA CONSERVATION COMMITTEE 100.00 12/20/2005 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 1/4/2006 REGULAR BOARD MEETING 100.00 ilf ~ 1/17/2006 COUNCIL OF WATER UTILITIES MONTHLY MEETING 100.00 1/19/2006 F:NTDJUNE 06Larry-Div 1 3 of 13 Printed Date:8/3/2006 OTAY WATER DISTRICT SUMMARY -BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1,2005 THROUGH JUNE 30,2006 IDIRECTORS NAME ILARRY BREITFELDER WATER CONSERVATION GARDEN JPA MEETING 2/28/2006 Ii I CSDA QUARTERLY MEETING 2/1/2006 REGULAR BOARD MEETING 4/5/2006 REGULAR BOARD MEETING 4/18/2006 COUNCIL OF WATER UTILITIES MONTHLY MEETING 5/3/2006 lit.!n 1 !ill REGULAR BOARD MEETING 5/5/2006 JOINT AGENCY MEETING 5/16/2006 COUNCIL OF WATER UTILITIES MONTHLY MEETING 5/18/2006 CSDA QUARTERLY MEETING 5/22/20061MF WATER RESOURCE AND SECURITY COMMITTEE MEETING 5/23/2006 ENGINEERING AND OPERATIONS COMMITTEE MEETING 6/7/2006 REGULAR BOARD MEETING 6/20/2006_ POWAY COUNCIL OF WATER UTILITIES 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 7/19/2005 MEETING -7/19/2005 8/8/2005 MEETING -8/8/2005 ,9l30£2005 , MEETING -9/20,9/26,9/27 &9/28/05 34.02 16.49 154.23 10£18£2005 _11£30£2005 12/31/2005 1£30p006 2£28/2006 6£20£2006 7/30Q005 8/31{2005. 9/30P005 10(3~(2005 F:/YTD JUNE 06Larry-Div 1 MEETING -10/18 &10/24/05 MEETING -11/15,11/17/05 &11/30 MEETING -12/1,12/12/05 &12/20/05 MEETING -1/17 &1/23/06 MEETING -2/16 &2/21/06 MEETING - MEETING -7/12,7/21 &7/25/05 MEETING -8/3,8/11 &8/23/05 MEETING -9/7,9/12 &9/19/05 MEETING -10/11 &10/17 4 of 13 45.59 64.27 71.78 55.18 50.73 36.45 43.65 43.65 29.10 Printed Date:8/3/2006 OTAY WATER DISTRICT SUMMARY -BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1,2005 THROUGH JUNE 30,2006 IDIRECTORS NAME ILARRY BREITFELDER MEETING -11/7/05 14.55 12/7/2005 • MEETING -12/7/05 14.55 1£30{2006 MEETING -1/4 &1/19/06 26.70 4/30/2006 MEETING -4/5 &4/18/06 13.35 5{31/2006 MEETING -5/3, 5/5,5/16,5/18,&5/22/06 40.05 6/7/2006 MEETING -6/7/2006 13.35 9/30L2005 CSDA CONFERENCE (9/25,9/26 &9/27/05) HOTEL -CSDA CONFERENCE 9/25,9/26 &9/27/05 F:/YTD JUNE 06Larry-Div 1 5 of 13 Printed Date:8/3/2006 OTAY WATER DISTRICT SUMMARY -BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1,2005 THROUGH JUNE 30,2006 ATTACHMENT F SECTION FIDIRECTORSNAMEIGARYCROUCHER 8/18/2005 CSDA QUARTERLY MEETING $32.00 11/29/2005 ACWA FALL CONFERENCE (12/1 -12/02/05) 6/3/2006 SPECIAL DISTRICT AND LOCAL GOVERNMENT INSTITUTE 7/12/2005 REGULAR BOARD MEETING 7/21/2005 III ENGINEERING AND OPERATIONS COMMITTEE MEETING 7/27/2005 WATER RESOURCE AND SECURITY COMMITTEE MEETING 8/3/2005111m REGULAR BOARD MEETING 8/11/2005 SPECIAL BOARD MEETING 8/18/2005 U LA CSDA QUARTERLY MEETING 8/23/2005 SPECIAL BOARD MEETING 9/20/2005 lIIildll: WATER RESOURCE AND SECURITY COMMITTEE MEETING 9/27/2005m ENGINEERING AND OPERATIONS COMMITTEE MEETING 10/17/20051llJilli SPECIAL BOARD MEETING 10/10/2005 If!·1 F7 WATER RESOURCE AND SECURITY COMMITTEE MEETING 10/11/2005 REGULAR BOARD MEETING 10/25/2005 fGi!fi"ifi ENGINEERING AND OPERATIONS COMMITTEE MEETING 11/7/2005 §1m!mill!!1.11 REGULAR BOARD MEETING 12/1/2005 ASSOCIATION OF CA WATER AGENCIES 12/7/2005daar .. REGULAR BOARD MEETING 12/20/2005 ENGINEERING AND OPERATIONS COMMITTEE MEETING 11/14/2005tUHllil WATER RESOURCE AND SECURITY COMMITTEE MEETING 11/28/2005 'fi ~TRR J ENGINEERING AND OPERATIONS COMMITTEE MEETING 1/4/2006 l1l~m iIlW"!J eM ill REGULAR BOARD MEETING 1/24/2006 205.00 525.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 F:/YTD JUNE 06Gary-Div 3 6 of 13 Printed Date:8/3/2006 OTAY WATER DISTRICT SUMMARY -BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1,2005 THROUGH JUNE 30,2006 REGULAR BOARD MEETING 100.00 ANNUAL EMPLOYEE APPRECIATION EVENT 100.00 3/13/2006 REGULAR BOARD MEETING 100.00 3/27/2006 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 4/5/2006 REGULAR BOARD MEETING 100.00 4/18/2006 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 5/3/2006 REGULAR BOARD MEETING 100.00 5/5/2006 SEMI ANNUAL INTERANGENCY 100.00 5/31/2006 WATER RESOURCE AND SECURITY COMMITTEE MEETING 100.00 5/23/2006 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 5/30/2006 SPECIAL BOARD MEETING 100.00 6/7/2006 REGULAR BOARD MEETING 100.00 WATER RESOURCE AND SECURITY COMMITTEE MEETING 100.00 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 4/24/2006 WATER RESOURCE AND SECURITY COMMITTEE MEETING 100.00 8/18/2005 MEETING -8/18/2005 14.55 12/31/2005it MEETING -12/1/05 18.43 7/31/2005, MEETING -7/12,7/21 &7/25/05 4.86 8/31/2005•, MEETING -8/3,8/11 &8/23/05 4.86 9/30/2005, MEETING-9/20 &9/27/05 3.88 10/31/2005II_II MEETING -10/10,10/11,10/17 &10/25 7.76 12/31/2005, MEETING -12/7 &12/20/05 3.88 F:/YTD JUNE 06Gary-Oiv 3 7 of 13 Prinled Oale:8/3/2006 OTAY WATER DISTRICT SUMMARY -BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1,2005 THROUGH JUNE 30,2006 ATTACHMENT (i SECTION GIDIRECTORSNAMEIJOSELqPEZI .. 15th ANNUAL ECONOMIC SUMMIT 11/29/2005,. ACWA FALL CONFERENCE (11/29 -12/02/05) 3/22/2006 REGISTRATION FEE -WORLD WATER FORUM (3/16-19/06) 11/2/2005 NOVEMBER AGENDA BRIEFING 11/7/2005 REGULAR BOARD MEETING 11/23/2005 FINANCE &ADMINISTRATIVE COMMITTEE MEETING $150.00 375.00 298.25 100.00 100.00 100.00 .....1""1.../....3....0..../2...0...0...5.... DECEMBER AGENDA BRIEFING 12/1/2005•FALL CONFERENCE 12/7/2005 REGULAR BOARD MEETING 12/16/2005 FINANCE &ADMINISTRATIVE COMMITTEE MEETING 1/4/2006 REGULAR BOARD MEETING 1/19/2006 OTAY DEVELOPERS LUNCHEON MEETING 1/20/2006 FINANCE &ADMINISTRATIVE COMMITTEE MEETING 1/23/2006 fl'fl'ij~ ENGINEERING AND OPERATIONS COMMITTEE MEETING 1/24/2006 CHULA VISTA TASK FORCE (INTERAGENCIES MEETING) 2/3/2006 REGULAR BOARD MEETING 2/15/2006 FINANCE &ADMINISTRATIVE COMMITTEE MEETING 2/22/2006 ENGINEERING AND OPERATIONS COMMITTEE MEETING 3/13/2006 REGULAR BOARD MEETING 3/27/2006 .. ENGINEERING AND OPERATIONS COMMITTEE MEETING 3/17/2006 WORLD WATER CONFERENCE 3/18/2006 WORLD WATER CONFERENCE 3/24/2006 FINANCE &ADMINISTRATIVE COMMITTEE MEETING 5/3/2006 ..... REGULAR BOARD MEETING 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 F:/YTD JUNE 06Jose-Div 4 8 of 13 Printed Date:8/3/2006 OTAY WATER DISTRICT SUMMARY -BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1,2005 THROUGH JUNE 30,2006 JOSE LOPEZ ATTACHMENT G SECTION G F:/YTD JUNE 06Jose-Div 4 9 of 13 Printed Date:8/3/2006 OTAY WATER DISTRICT SUMMARY -BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1,2005 THROUGH JUNE 3D,2006 ATTACHMENT H SECTION HIDIRECTORSNAMEIMARKROBAKI ..... S 9/15/2005 10/14/2005 11/29/2005 3/22/2006 REGISTRATION FEE -ACWA DESALINATION PRESENTATION 15th ANNUAL ECONOMIC SUMMIT ACWA FALL CONFERENCE (11/29 -12/02/05) REGISTRATION FEE -WORLD WATER FORUM (3/16-19/06) FOREIGN TRANSACTION FEE $ .. 50.00 150.00 395.00 298.76 8.96 F:NTD JUNE 06Mark-Div5 7/7/2005 7/12/2005 7/13/2005 7/20/2005 7/21/2005 7/26/2005 8/3/2005 8/4/2005 8/22/2005 8/23/2005 9/1/2005 9/7/2005 9/12/2005, 9/15/2005 9/20/2005 9/27/2005 ,,?/14/2005 10/17/2005 ....10/14/2005 10/10/2005 10/11/2005, 10/25/2005 11/7/2005 lIUR 11/30/2005 METRO COMMISSION REGULAR BOARD MEETING WATER CONSERVATION GARDEN JPA MEETING BOARD REPRESENTATIVE ON RECYCLING ISSUES ENGINEERING AND OPERATIONS COMMITTEE MEETING FINANCE &ADMINISTRATION COMMITTEE REGULAR BOARD MEETING METRO COMMISSION WATER CONSERVATION GARDEN JPA MEETING SPECIAL BOARD MEETING METRO COMMISSION REGULAR BOARD MEETING SPECIAL BOARD MEETING ACWA SEAWATER DESALINATION PROGRAM WATER CONSERVATION GARDEN JPA MEETING ENGINEERING AND OPERATIONS COMMITTEE MEETING AMERICAN ASSEMBLY II WORKSHOP (METRO COMMISSION) SPECIAL BOARD MEETING SOUTH COUNTY ECONOMIC SUMMIT -CONVENTION CENTER WATER RESOURCE AND SECURITY COMMITTEE MEETING REGULAR BOARD MEETING ENGINEERING AND OPERATIONS COMMITTEE MEETING REGULAR BOARD MEETING 10 of 13 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 Printed Date;8/3/2006 OTAY WATER DISTRICT SUMMARY -BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1,2005 THROUGH JUNE 30,2006 F:/YTDJUNE 06Mark·Div 5 11 of 13 Printed Date:8/3/2006 OTAY WATER DISTRICT SUMMARY -BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1,2005 THROUGH JUNE 30,2006 ~~;.........WATER RESOURCE AND SECURITY COMMITTEE MEETING SPECIAL BOARD MEETING METRO COMMISSION FINANCE &.ADMINISTRATION COMMITTEE AD HOC AULD GOLF COURSE COMMITTEE REGULAR BOARD MEETING AD HOC AULD GOLF COURSE COMMITTEE WATER RESOURCE AND SECURITY COMMITTEE MEETING WATER RESOURCE AND SECURITY COMMITTEE MEETING METRO COMMISSION COMMUNICATIONS COMMITTEE WATER CONSERVATION GARDEN lPA MEETING FINANCE &.ADMINISTRATION COMMITTEE WATER CONSERVATION GARDEN lPA MEETING METRO COMMISSION COMMUNICATIONS COMMITTEE COMMUNICATIONS COMMITTEE AD HOC AULD GOLF COURSE COMMITTEE WATER CONSERVATION GARDEN lPA MEETING METRO COMMISSION FINANCE &.ADMINISTRATION COMMITTEE 4[24£2006 7[7£2005 MEETING -7/7,7/12,7/13,7/21,7/26/05 8£31(2005 MEETING -8/3,8/4,8/22,&.8/23/05 ,. 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 34.43 20.86 F:/YTDJUNE 06Mark-Div5 MEETING -9/1,9/7,9/12,9/20 &.9/27 MEETING -10/10, 10/11,10/12,10/14,10/17,10/20,10/24 &. PARKING -10/19 &.10/20/05 MEETING -11/1, 11/3,11/7,11/14,11/28,&.11/30 MEETING -12/1, 12/7,12/9,12/13,12/14 &.12/20/05 MEETING -2/1, 2/3,2/8, 2/9,2/14,2/15, 2/17,2/21,2/23 &2 MEETING -1/4, 1/5,1/9,1/11,1/19,1/20 &1/28/06 MEETING -3/13,3/16,3/17,3/24,3/27 &3/30/06 PARKING -3/14 &.3/19/06 MEETING -4/5,4/7,4/12,4/13,4/20 &.4/24/06 12 of 13 22.31 74.69 18.00 41.23 33.95 66.75 49.84 56.96 48.00 51.62 Printed Date:8/3/2006 IDIRECTORS NAME OTAY WATER DISTRICT SUMMARY -BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1,2005 THROUGH JUNE 30,2006 IMARK ROBAKI .. MEETING -5/3, 5/4, 5/5,5/16,5/18, 5/20,5/24,5/26,5/30 8t 64.53 6/30/2006 7£31£2005 8/31£2005 9/30L2005 10£31£2005 11{30/2005 12£31{2005 2/28/2006 1{31{2006 4£30/2006 5{31/2006 ~{30{2006 3(14L2006 MEETING -6/1 6/5 6/7,6/14 6/19 6/20 6/21 6/23/06 MEETING -7/12 8t 7/26/05 MEETING -8/3 8t 8/23/05 MEETING -9/7,9/12,9/15,9/20 8t 9/27/05 MEETING -10/11,10/17 8t 10/25 MEETING -11/7 8t 11/14 MEETING -12/7/05 MEETING -2/1/06 MEETING -1/4/06 MEETING -4/5 8t 4/20/06 MEETING -5/3,5/24 8t 5i30/06 MEETING -6/7 8t 6/19/06 63.19 3.24 3.24 11.64 5.82 3.88 1.94 1.78 1.78 3.56 5.34 3.56 813.69 F:/YTD JUNED6Mark-Div5 13 of 13 Printed Date:B/3/2DD6 30'X 0·445= 1.3-35* ,,;,:,\'." "".:.:,,( ~:.~".,-' '..',~."': -':"::,", :,".'."::'=~'~'.;':'.. :". O -',' -''. I ~ ."",:::::::. '..,:.:,:. -=::-1:,- Diseuued Purpose r Issues INSTRUCTIONS O~RBVBRSB 7013 OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM J TOTAL MILEAGE REIMBURSEMENT •$_ Date: Number: LarrY Hreitfelder ,5 "'c:.\.,?-.."",,~. ~#.T~NQ PER DIEM; 145 p'er',1meeting)'1ft,',' , ,",l..t(r:~~QE CLAIMED;\ \L\miles ,.fa:'c..v·C:\tbw-.~r reo."fv.9..c.'f0"(7 ,l~~Co .~"G~~0 f ('Ce·,,-tet~ ~\:'; :".: MAY~2e-06 03:52 PM BREITFELDER 90~ O·44;~ 40·0~ I '- o Period Covered: From .l'rH'1 t ob to -~....Cf-"""'" Discussed Purpose I Issues 7013 %NSTRUCTIONS ON RBVBRSB OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM TOTAL MILEAGE REIMBURSEMENT •$_ (D~£hi~ Date:,.-----l"hl-..~+_Ide--- I I 11:44 AM BREITFE~V~~ .,. "'I to:Larry Breitfelder .'.'"l'~',,:.)...; p.01~,ti;~ ..'". .:.,:. ••••< I':,:.: .:.:. .'.;~..... )0 619 421 969~ flBooo-}]:;Iooo-;;;1I~;;2 ~5;;;.Jli/)··;: 11-)/))·-6;;;;/),.~," '..~: DiscuSsed Purpose I Issues INSTRUCTIONS ON aBVERSE Date:k-._1--r1"t)~_Cl~_ USE:TOTAL MILEAGE:REIMBURSEMENT ...$_ ,.,....~'..... " '!""~~$S~ING ~ER DIEM:$ ..~~.pe-r'meeting) ~MXLaA.GE CLAlMEO: o.ff1f<.C"~ OTAY WATER DISTRICT BOARD OF DlRECTORS PER-DIEM AND MILSAGE CLAIM FORM Y to,tarry Breitfelder /Period "'6~l)c.:~67 From U~t5?tA 4/4/1 ?7Ol3 ()&Of::---.1""--__oyee N"umb'er:~~ JUL-19-06 03:01 PM BREZTFELDER t$.IT~E='.r 1\.:1~. Pay To:Gary Croucher _OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Period Covered: EXHIBIT 8 I!i Employee Number:7011------------From:04/01106 To:04/30/06 Total Mileage Claimed:0 miles------- ITEM DATE MEETING PURPOSE /ISSUES MILEAGE MILEAGE DISCUSSED HOMEtoOWD 01lIEtl OWDlOHOME LOCATIONS I 1 04/05 Board Regular Board Meeting 04/07 Event Sweetwater Authority Dam Historical Dedication j 2 04/18 Committee Engineering and Operations Committee j 0- 3 '-04/24 Committee Water Resource and Security Committee 4/29 Community Grossmont Cuyamaca College Foundation Event Total Meeting Per Diem:.....;:;;$3;;..0;..;0'--_ (Sloo per meeting) ~~DAII~(DinCiii"r's Signature) GM Approval:~'5~~__________Date:--=S::......_6_'-\..:....._O,;;..b~._ FOR OFFICE USE:TOTAL MILEAGE REIMBURSEMENT:S _ I <. Pay To:Gary Croucher OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Period Covered: EXHmITB Employee Nu.mber:7011------------From:05/01106 To:05/31106 ITEM DATE MEETING PURPOSE /ISSUES MILEAGE MILEAGE DISCUSSED HOMEtoOWD O'IHER OWDloHOME LOCATIONS VI Board Regular own Board Meeting 05/03 J 2 d't..~v."""tI 05/05 Board own Board Meeting /Semi Annual ll.'tterttgeney 05/12 OM Meeting with President and OM j 3 OS/23 Committee Engineering and Operations Committee meeting j 4 5/30 Board Special Board -Budget Review Workshop 5/31 Community Meeting with Supervisor Jacob ref:Reclaimed Water ..... j Committee Water Resource and Security Committee ,,..5 5/31 Total Meeting Per Diem:~$5:....:0:...:0-,--_ ($100 per meeting) GM Approval:JIt1},A;:J7 I Total Mileage Claimed:o miles a/z~/~r · Date:_ FOR OFFICE USE:TOTAL MILEAGE REIMBURSEMENT:$._ i ~ ~06 JUN 26 Pt-j 4:44 Pay To:Gary Croucher OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Period Covered: EXHIBITB Employee Number:7011------------From:06/01106 To:06/30/06 ITEM DATE MEETING PURPOSE /ISSUES MILEAGE MILEAGE DISCUSSED HOMEtoOWD OTHER OWD toHOME LOCATIONS 06/01 Seminar Special Districts Training Institute -Admin 06/02 Seminar Special Districts Training Institute -Admin rJ 1 06/07 Board Regular Board Meeting L~06/21 Committee Resource and Security Committee Meeting ~~06/23 Committee Engineering and Operations Committee Meeting 06/23 Committee Negotiations Ad Hoc Committee • .~, r Total Meeting Per Diem:_$.:-.3_0_0 _ ($100 per meeting) Total Mileage Claimed:0 miles GM Approval:_--j~---::...U-.1l'-------------Date:,I,'V {_,)_(;1 _ FOR OFFICE USE:TOTAL MILEAGE REIMBURSEMENT:$_ I .:. '06 JUL 18 AN ~3:48 EXHIBIT B OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay to:Jose Lopez Employee Number:7010 peri~ered'A1 "From I to /'/4Y Meeting Name TOTAL MEETING PER DIEM:$ ($145 per meeting) TOTAL MILEAGE CLAIMED: GM Approval Date: Purpose /Issues 400·- 00 Mileage Home to OWD Other to Home Locations FOR OFFICE USE:TOTAL MILEAGE REIMBURSEMENT =$__ INSTRUCTIONS ON REVERSE I.. 11 Ii Ii II H4-30-06To: 0'." OTAY WATERDISTRICT BOARD OF DIRECTORS . PER-DIEM.AND MILEAGE CLAIM/ORM 8:J./7 f'~~~fteriodCovered: Employee Number:-..:...:70::..:1:..:.4 ~.....J4-_·-fl-'-J)~I {?tPJ q111f'From:4-1-06 Pay To:Mark Robak I I ITEM DATE MEETING PURPOSE I ISSUES MILEAGE MILEAGE DISCUSSED HOMEtoOWD OTHER OWDtoHOME LOCATIONS 1 4-4 Water Conservation Garden Executive Committee -NO CHARGE 0 0 2 4-5 Padre Dam MWD Open Opening oftheir new administrative office 0 0 House -NO CHARGE l'., Monthly Otay Board Meeting General District Business ,- 3 4-5 4 6 ; 4 4-7 Ad Hoc Auld GolfCourse Meeting with buyers ofgolfcourse to 0 2$ Committee discuss leasehold improvements ,. I ()5 4-12 Water Conservation Garden Monthly Meeting I General Business 0 9·I(See Exhibit A -Agenda)i 0 I 0 6 4-13 Metro Commission Annual workshop and monthly meeting - 0 58 I U(See Exhibit B -Agenda)i I 0 7 4-20 Finance &Administration Monthly meeting involving finance &4 6 I UiCommitteeadministrationissuesI I 8 4-24 Water Resources &Security Meeting involving water resources &0 9 !I Committee security issues i :I94-29 Cuyamaca College Foundation Annual fundraising event for the College's 0 0 i Dinner foundation -NO CHARGE I Ci· ,5i, Ii10tJtJ(}---/8s t!JO(}-/;J)?J;;J -0;;))/t.!l8 116 Total Meeting Per Diem:$600 1/-///1-5;)1) •U9 r .;t 16 >( ($100 per meeting) Total Mileage Claimed:124 miles GM Approval:-/-k_..;;;......_.:..-_ I Date:_-1--1-_ "06 NAY 3PM 3~OFFICE USE:TOTAL MILEAGE REIMBURSEMENT:$_._ I <. OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To:Mark Robak Period Covered: Employee Number:--=-70;::..;1=-4=--_From:5-1-06 12 o 35 6 Q .\,. 22 MILEAGE OTHER LOCATIONS o o o o o 4 o MILEAGE HOMEtoOWD OWD to HOME PURPOSE /ISSUES DISCUSSED Opening ofnew facility and celebration of 0 50th anniversa ofDistrict with Chamber" Monthly Meeting /General Business - NO CHARGE Lunch with Director Croucher Discuss partnership between Garden and San Miguel Fire Dept.on new Fire Wise Garden -NO CHARGE 5-197 ITEM DATE MEETING 5-1 Water Conservation Garden Foundation /2 J 3 J 4 I 5 6 5-18 Otay 980-2 Pump Station Dedication 12 9 6 6 o 145 28 o 12 o 4 o o (Director's Signature) Date:--=~:....4-I_~W--,-{o_~_ 8-x 12-X o·,Vt5= 5·34* 100':: 800-00* Semi-Annual major fundraising event- NO CHARGE 157TotalMileageClaimed: Total Meeting Per Diem: ($100 per meeting) GM Approval:_,I-IM__1br _ FOR OFFICE USE:TOTAL MILEAGE REIMBUR 8 5-20 j 10 j 11 j 12 5-3 13 5-31 J L4 Pay To:Mark Robak OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Period Covered: Employee Number:..-:....70::.::1:..:4:..;:0.:;.60;:.:6=----_------ 3217 Fair Oaks Lane,Spring Valley,CA 91978 From:6-1-06 To:6-30-06 ITEM DATE MEETING PURPOSE I ISSUES MILEAGE MILEAGE DISCUSSED HOME 10 OWD OTHER OWDtoHOME LOCATIONS116-1 Metro Commission Monthly Meeting IGeneral Business 0 22 /(See Exhibit A -Agenda) '/2 6-5 Communications Committee Monthly meeting involving 0 13 communication issues 3 6-6 Fire Wise Garden Dedication ofnew garden at the Water 0 0 Groundbreaking Conservation Garden -NO CHARGE /4 •6-7 Monthly Otay Board Meeting General District Business 4 7...,,- 5 6-8 Water Conservation Garden Dinner at the Garden to honor docent 0 0 Docent's Dinner volunteers -NO CHARGE / 6 6-14 Water Conservation Garden Monthly Meeting I General Business 0 35 (See Exhibit B -Agenda) 7 6-17 Otay Open House 50th Anniversary Open House at Otay 0 0 Administrative Office -NO CHARGE 18 6-19 Finance &Administration Monthly meeting involving finance &4 7 Committee administration issues 9 6-20 Ad Hoc Auld GolfCourse Lunch meeting to discuss proposal from 0 30 Committee golfcourse lessee /10 6-21 Water Resources &Security Meeting involving water resources &0 13 Committee security issues ~~/11 6-23 Water Conservation Garden Meeting with Sweetwater Authority to 0 15 discuss possible IPA membership 12 6-30 Augie Caires Retirement Party Retirement party for Padre Dam GM -0 0 at Santee Lakes NO CHARGE.8 142 Total Meeting Per Diem:$800 ($100 per meeting) Total Mileage Claimed:150 miles Date:_(D.....:~....,'II-~c_lt~_r_lrt_~-Si-g-n-at-u-r-e)-- I FOR OFFICE USE:TOTAL MILEAGE REIMBURSEMENT:$~ AGENDA ITEM 5 TYPE MEETING:Regular Board SUBMITTED BY:James D.Cudlip, STAFF REPORT MEETING DATE: W.O./G.F.NO: September 6,2006 DIV.NO.All APPROVED BY: (Chief) APPROVED BY: (Asst.GM): SUBJECT: Finance Manager ~ Joseph R.Bea;~e1f(Chief Financial Officer German Alvarez,~tant General Manager Annual Review of Investment Policy (Board of Dir'ectors Policy No.27)and Adoption of Resolution No.4088 Amending the Policy and Re-Delegating Authority for All Investment Related Activities to the Chief Financial Officer GENERAL MANAGER'S RECOMMENDATION: That the Board review the Investment Policy (Board of Directors Policy No.27)and adopt Resolution No.4088 amending the policy and re-delegating authority for all investment related activities to the Chief Financial Officer in accordance with California Government Code Section 53607. COMMITTEE ACTION: See Attachment A. PURPOSE: Government Code Section 53646 requires that the District's Investment Policy be presented to the Board for review on an annual basis.In addition,Government Code Section 53607 requires that for the delegation of authority to remain in effect on an annual basis,the governing board must re-delegate authority over investment activities. ANALYSIS: The proposed Investment Policy (Attachment C)revises and expands upon the existing Policy (Attachment D)which was approved by the Board on September 7,2005. The primary goals of the Investment Policy are to assure compliance with the California Government Code,Sections 53600 et seq,and to protect the investments of the District.The State Code provides a range of conservative investment options for local agencies,including Federal Treasuries,Federal Agencies,the State Pool,the County Pool,high-grade corporate debt,and others. As a part of the review of the existing Investment Policy,we compared our policy to a recommended format that is considered "best practicefl by several national accounting and finance organizations.While our current policy always met the minimum requirements mandated by California Government Code,the model policy for best practices expands upon the investment guidance to address areas such as Delegation of Authority,Ethics and Conflicts of Interest,Authorized Financial Dealers and Institutions,Internal Control,and Performance Standards,as well as additional clarification in sections already in:place. To assure the Board that the currently proposed policy meets best practice standards,it was submitted to the Association of Public Treasurers of the United States &Canada (APT US&C)for review and certification.We recently received notification that this policy was approved in all of the 18 areas addressed and a copy of APT US&C's congratulatory letter on obtaining the Investment Policy Certificate of Excellence Award is attached (Attachment E). The policy is consistent with the current law and the overall objectives of the policy are being met. FISCAL IMPACT:~~ Section 14.0 of the revised Investment Policy directs the CFO to establish an annual process of independent review by an external auditor,to provide internal control by assuring compliance with policies and procedures.By including this as a part of the District's annual financial audit and review of internal controls,the fiscal impact is estimated to be no more than $500. STRATEGIC GOAL: Demonstrate financial health through formalized policies, prudent investing,and efficient operations. LEGAL IMPACT: None. General Manager Attachments: A)Committee Staff Report B)Resolution No.4088 C)Proposed Investment Policy No.27 D)Existing Investment Policy No.27 Strike-thru E)APT US&C Investment Policy Certification Letter F)Portfolio Management.Portfolio Summary,June 30,2006 G)Copy of Investment Policy Presentation ATTACHMENT A Annual Review of Investment Policy (Board of Directors Policy No.27)and Adoption of Resolution No.4088 Amending the Policy and Re-Delegating Authority for All Investment SUBJECTIPROJECT:Related Activities to the Chief Financial Officer COMMITTEE ACTION: The Finance and Administration Committee review the Investment Policy (Board of Directors Policy No.27)and recommend adoption of Resolution 4088 amending the policy and re-delegating authority for all investment related activities to the Chief Financial Officer in accordance with California Government Code Section 53607. NOTE: The "Committee Action"is written in anticipation of the Committee moving the item forward for board approval.This report will be sent to the Board as a committee approved item, or modified to reflect any discussion or changes as directed from the committee prior to presentation to the full board. F:\DianeA\Staff Rpts 2006\CommMtglnvestPol090606.doc Attachment B RESOLUTION NO.4088 A RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT AMENDING INVESTMENT POLICY NO.27 OF THE DISTRICT'S CODE OF ORDINANCES WHEREAS,the Otay Water District Board of Directors have been presented with an amended Investment Policy No.27 of the District's Code of Ordinances for the management of the District's investmentsi and WHEREAS,the Investment Policy has been reviewed and considered by the Board,and it is in the interest of the District to adopt the revised Investment PolicYi and NOW,THEREFORE,BE IT RESOLVED,DETERMINED AND ORDERED by the Board of Directors of the Otay Water District that the Investment Policy for the District,as attached,is hereby adopted as the District's Investment Policy. PASSED,APPROVED AND ADOPTED by the Board of Directors of Otay Water District at a regular board meeting held this 6th day of September 2006,by the following vote: Ayes: Noes: Abstain: Absent: President ATTEST: District Secretary Page 1 of 1 ATTACHMENT C OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/6/06 1.0:POLICY It is the policy of the Otay Water District to invest public funds in a manner which will provide maximum security with the best interest return,while meeting the daily cash flow demands of the entity and conforming to all state statues governing the investment of public funds. 2.0:SCOPE This investment policy applies to all financial assets of the Otay Water District.The District pools all cash for investment purposes. These funds are accounted"for in the District's audited Comprehensive Annual Financial Report (CAFR)and include: 2.1)General Fund 2.2)Capital Project Funds 2.2.1)Designated Expansion Fund 2.2.2)Restricted Expansion Fund 2.2.3)Designated Betterment Fund 2.2.4)Restricted Betterment Fund 2.2.5)Designated Replacement Fund 2.3)Other Post Employment Fund (OPEB) 2.4)Debt Reserve Fund Exceptions to the pooling of funds do exist for tax-exempt debt proceeds and deferred compensation funds.Funds received from the sale of general obligation bonds,certificates of participation or other tax-exempt financing vehicles are segregated from pooled investments and the investment of such funds are guided by the legal documents that govern the terms of such debt issuances. 3.0:PRUDENCE Investments should be made with judgment and care,under current prevailing circumstances,which persons of prudence,discretion and intelligence exercise in the management of their own affairs,not for speculation,but for investment,considering the probable safety of their capital as well as the probable income to be derived. Page 1 of 17 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/6/06 The standard of prudence to be used by investment officials shall be the "Prudent Person"and/or "Prudent Investor"standard (California Government Code 53600.3)and shall be applied in the context of managing an overall portfolio.Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a ti~ely fashion and appropriate action is taken to control adverse developments. 4.0:OBJECTIVE As specified in the California Government Code 53600.5,when investing,reinvesting,purchasing,acquiring,exchanging,selling and managing public funds,the primary objectives,in priority order,of the investment activities shall be: 4.1)Safety:Safety of principal is the foremost objective of the investment program.Investments of the Otay Water District shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective,the District will diversify its investments by investing funds among a variety of securities offering independent returns and financial institutions. 4.2)Liquidity:The Otay Water District's investment portfolio will remain sufficiently liquid to enable the District to meet all operating requirements which might be reasonably anticipated. 4.3)Return on Investment:The Otay Water District's investment portfolio shall be designed with the objective of attaining a benchmark rate of return throughout budgetary and economic cycles,commensurate with the District's investment risk constraints and the cash flow characteristics of the portfolio. Page 2 of 17 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/6/06 5.0 DELEGATION OF AUTHORITY Authority to manage the Otay Water District's investment program is derived from the California Government Code,Sections 53600 through 53692.Management responsibility for the investment program is hereby delegated to the Chief Financial Officer (CFO),who shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials and their procedures in the absence of the CFO. The CFO shall establish written investment policy procedures for the operation of the investment program consistent with this policy.Such procedures shall include explicit delegation of authority to persons responsible for investment transactions.No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the CFO. 6.0:ETHICS AND CONFLICTS OF INTEREST Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program,or that could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the General Manager any material financial interests in financial institutions with which they conduct business.They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio.Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the District. 7.0:AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The Chief Financial Officer shall maintain a list of financial institutions authorized to provide investment services.In addition, a list will also be maintained of approved security broker/dealers who are authorized to provide investment services in the State of California.These may include "primary"dealers or regional dealers that qualify under Securities &Exchange Commission Rule 15C3-1 Page 3 of 17 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/6/06 (Uniform Net Capital Rule).No public deposit shall be made except in a qualified public depository as established by state laws. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the District with the following,as appropriate: •Audited Financial Statements. •Proof of National Association of Security Dealers (NASD) certification. •Proof of state registration. •Completed broker/dealer questionnaire. •Certification of having read the District's Investment Policy. •Evidence of adequate insurance coverage. As annual review of th~financial condition and registrations of qualified bidders will be conducted by the CFO.A current audited financial statement is required to be on file for each financial institution and broker/dealer in which the District invests. 8.0:AUTHORIZED AND SUITABLE INVESTMENTS From the governing body perspective,special care must be taken to ensure that the list of instruments includes only those allowed by law and those that local investment managers are trained and competent to handle.The District is governed by the California Government Code, Sections 53600 through 53692,to invest in the following types of securities,as further limited herein: 8.01)United States Treasury Bills,Bonds,Notes or those instruments for which the full faith and credit of the United States are pledged for payment of principal and interest.There is no percentage li~itation of the portfolio which can be invested in this category,although a five-year maturity limitation is applicable. Page 4 of 17 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/6/06 8.02)Local Agency Investment Fund (LAIF),which is a State of California managed investment pool,may be used up to the maximum permitted by State Law (currently $40 million).The District may also invest bond proceeds in LAIF with the same but independent maximum limitation. 8.03)Bonds,debentures,notes and other evidence of indebtedness issued by any of the following governmen~agency issuers: •Federal Home Loan Bank (FHLB) •Federal Home Loan Mortgage Corporation (FHLMC or "Freddie Mac") •Federal National Mortgage Association (FNMA or "Fannie Mae") •Government National Mortgage Association (GNMA or ~~Ginnie Mae I') •Student Loan Marketing Association (SLMA or "Sallie Mae") •Federal Farm Credit Bank (FFCB) There is no percentage limitation of the portfolio which can be invested in this category,although a five-year maturity limitation is applicable. 8.04)Interest-bearing demand deposit accounts and Certificates of Deposit (CD)will be made only in Federal Deposit Insurance Corporation (FDIC)insured accounts.For deposits in excess of the insured maximum of $100,000,approved collateral shall be required in accordance with California Government Code, Section 53652.Investments in CD's are limited to 15 percent of the District's portfolio. 8.05)Commercial paper,which is short-term,unsecured promissory notes of corporate and public entities.Purchases of eligible commercial paper may not exceed 10 percent of the outstanding paper of an issuing corporation,and maximum investment maturity will be restricted to 270 days.Investment is further limited as described in California Government Code, Section 53601(g).Purchases of commercial paper may not exceed 15 percent of the District's portfolio. Page 5 of 17 8.08) which is a Otay water percentage category. OTAYWATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/6/06 8.06)Medium-term notes defined as all corporate debt securities with a maximum remaining maturity of five years or less,and that meet the further requirements of California Government Code,Section 53601(j).Investments in medium-term notes are limited to 15 percent of the District's portfolio. 8.D7)Money market mutual funds that invest only in Treasury securities and repurchase agreements collateralized with Treasury securities,and that meet the further requirements of California Government Code,Section 53601(k).Investments in money market mutual funds are limited to 15 percent of the District's portfolio. The San Diego County Treasurer's Pooled Money Fund, County managed investment pool,may be used by the District to invest excess funds.There is no of the portfolio which can be invested in this 8.09)Under the provisions of California Government Code 53601.6,the Otay Water District shall not invest any funds covered by this Investment Policy in inverse floaters,range notes,interest-only strips derived from mortgage pools,or any investment that may result in a zero interes.t accrual if held to maturity.Also,the borrowing of funds for investment purposes, known a leveraging,is prohibited. 9.0:INVESTMENT POOLS/MUTUAL FUNDS A thorough investigation of the pool/fund is required prior to investing,and on a continual basis.There shall be a questionnaire developed which will answer the following general questions: • A description of eligible investment securities,and a written statement of investment policy and objectives. • A description of interest calculations and how it is distributed,'and how gains and losses are treated. Page 6 of 17 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/6/06 • A description of how the securities are safeguarded (including the settlement processes),and how often the securities are priced and the program audited. • A description of who may invest in the program,how often, and what size deposits and withdrawals are allowed. • A schedule for receiving statements and portfolio listings. •Are reserves,retained earnings,etc.,utilized ~y the pool/fund?. • A fee schedule,and when and how is it assessed. •Is the pool/fund eligible for bond proceeds and/or will it accept such proceeds? 10.0 COLLATERALIZATION Collateralization will be required on certificates of deposit.In order to anticipate market changes and provide a level of security for all funds,the collateralization level will be 102%of market value of principal and accrued interest.Collateral will always be held by an independent third party with whom the entity has a current custodial agreement.A clearly marked evidence of ownership (safekeeping receipt)must be supplied to the entity and retained.The right of collateral substitution is granted. 11.0:SAFEKEEPING AND CUSTODY All security transactions entered into by the Otay Water District shall be conducted on a delivery-versus-payment (DVP)basis. Securities will be held by a third party custodian designated by the District and evidenced by safekeeping receipts. 12.0:DIVERSIFICATION The Otay Water District will diversify its investments by security type and institution,with limitations on the total amounts invested in each security type as detailed in Paragraph 8.0,above,so as to reduce overall portfolio risks while attaining benchmark average rate of return.With the exception of u.S.Treasury securities,government agencies,and authorized pools,no more than 50%of the District's Page 7 of 17 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/6/06 total investment portfolio will be invested with a single financial institution. 13.0:MAXIMUM MATURITIES To the extent possible,the Otay Water District will attempt to match its investments with anticipated cash flow requirements.Unless matched to a specific cash flow,the District will not dir~ctly invest in securities maturing more than five years from the date of purchase. However,for time deposits with banks or savings and loan associations,investment maturities will not exceed two years. Investments in commercial paper will be restricted to 270 days. 14.0:INTERNAL CONTROL The Chief Financial Officer shall establish an annual process of independent review by an external auditor.This review will provide internal control by assuring compliance with policies and procedures. 15.0:PERFORMANCE STANDARDS The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow needs. The Otay Water District's investment strategy is passive.Given this strategy,the basis used by the CFO to determine whether market yields are being achieved shall be the State of California Local Agency Investment Fund (LAIF)as a comparable benchmark. 16.0:REPORTING The Chief Financial Officer shall provide the Board of Directors monthly investment reports which provide a clear picture of the status of the current investment portfolio.The management report should include comments on the fixed income markets and economic conditions, discussions regarding restrictions on percentage of investment by categories,possible changes in the portfolio structure going forward Page 8 of 17 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/6/06 and thoughts on investment strategies.Schedules In the quarterly report should include the following: • A listing of individual securities held at the end of the reporting period by authorized investment category. •Average life and f.inal maturity of all investments listed. •Coupon,discount or earnings rate. •Par value,amortized book value,and market value. •Percentage of the portfolio represented by each investment category. 17.0:INVESTMENT POLICY ADOPTION The Otay Water District's investment policy shall be adopted by resolution of the District1s Board of Directors.The policy shall be reviewed annually by the Board and any modifications made thereto must be approved by the Board. 18.0:GLOSSARY See Appendix A. Page 9 of 17 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/6/06 APPENDIX A:GLOSSARY ACTIVE INVESTING:Active investors will purchase investments and continuously monitor their activity,often looking at the price movements of their stocks many times a day,in order to exploit profitable conditions.Typically,active investors are seeking short term profits. "AGENCIES:Federal agency securities and/or Government-sponsored enterprises. BANKERS'ACCEPTANCE (BA):A draft or bill or exchange accepted by a bank or trust company.The accepting institution guarantees payment of the bill,as well as the issuer. BENCHMARK:A comparative base for measuring the performance or risk tolerance of the investment portfolio.A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio's investments. BROKER/DEALER:Any individual or firm in the business of buying and selling securities for itself and others.Broker/dealers must register with the SEC.When acting as a broker,a broker/dealer executes orders on behalf of his/her client.When acting as a dealer1 a broker/dealer executes trades for his/her firm's own account. Securities bought for the firm's own account may be sold to clients or other firms,or become a part of the firm's holdings. CERTIFICATE OF DEPOSIT (CD):A short or medium term,interest bearing, FDIC insured debt instrument offered by banks and savings and loans. Money removed before maturity is subject to a penalty.CDs are a low risk,low return investment,and are also known as "time deposits", because the account holder has agreed to keep the money in the account for a specified amount of time,anywhere from a few months to several years. COLLATERAL:Securities,evidence of deposit or other property,~hich a borrower pledges to secure repayment of a loan.Also refers to securities pledged by a bank to secure deposits of public monies. Page 10 of 17 ·OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/6/06 COMMERCIAL PAPER:An unsecured short-term promissory note,issued by corporations,with maturities ranging from 2 to 270 days. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR):The official annual report for the Otay Water District.It includes detailed financial information prepared in conformity with generally accepted accounting principles (GAAP).It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions,extensive introductory material,and a detailed statistical section. COUPON:(a)The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value.(b)A certificate attached to a bond evidencing interest due on a set date. DEALER:A dealer,as opposed to a broker,acts as a principal in all transactions,buying and selling for his own account. DEBENTURE:A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT:There are two methods of delivery of securities:delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities.Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DERIVATIVES:(1)Financial instruments whose return profile is linked to,or derived from,the movement of one or more underlying index or security,and may include a leveraging factor,or (2)financial contracts based upon notional amounts whose value is derived from an underlying index or security (interest rates,foreign exchange rates, equities or commodities). DISCOUNT:The difference between the cost price of a security and its maturity when quoted at lower than face value.A security selling below original offering price shortly after sale also is considered to be at a discount. Page 11 of 17 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/6/06 DISCOUNT SECURITIES:Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value,e.g.,U.S.Treasury Bills. DIVERSIFICATION:Dividing investment funds among a variety of securities offering independent returns. FEDERAL CREDIT AGENCIES:Agencies of the Federal governmen~set up to supply credit to various classes of institutions and individuals, e.g.,S&L's,small business firms,students,farmers,farm cooperatives,and exporters. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC):A federal agency that insures deposits in member banks and thrifts,currently up to $100,000 per deposit. FEDERAL FARM CREDIT BANK (FFCB):The Federal Farm Credit Bank system supports agricultural loans and issues securities and bonds in financial markets backed by these loans.It has consolidated the financing programs of several related farm credit agencies and corporations. FEDERAL FUNDS RATE:The rate of interest at which Fed funds are traded.This rate is currently pegged by the Federal Reserve through open-market operations. FEDERAL HOME LOAN BANK (FHLB):Government sponsored wholesale banks (currently 12 regional banks),which lend funds and provide correspondent banking services to member commercial banks,thrift institutions r credit unions and insurance companies. FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC or Freddie Mac):A stockholder owned,publicly traded company chartered by the united States federal government in 1970 to purchase mortgages and related securi~ies,and then issue securities and bonds in financial markets backed by those mortgages in secondary markets.Freddie Mac,like its competitor Fannie Mae,is regulated by the United States Department of Housing and Urban Development (HUD). Page 12 of 17 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/6/06 FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA or Fannie Mae):FNMA,like GNMA was chartered under the Federal National Mortgage Association Act in 1938.FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD).It is the largest single provider of residential mortgage funds in the United States.Fannie Mae is a private stockholder-owned corporation.The corporation's purchases include a variety of adjustable mortgages and secondcloans,in addition to fixed-rate mortgages.FNMA's,securities are also highly liquid and are widely accepted.FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. FEDERAL RESERVE SYSTEM:The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington,D.C.,12 regional banks and about 5,700 commercial banks that are members of the system. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae):A government owned agency which buys mortgages from lending institutions,securitizes them,and then sells them to investors. Because the payments to investors are guaranteed by the full faith and credit of the U.S.Government,they return slightly less interest than other mortgage-backed securities. INTEREST-ONLY STRIPS:A mortgage backed instrument where the investor receives only the interest,no principal,from a pool of mortgages. Issues are highly interest rate sensitive,and cash flows vary between interest periods.Also,the maturity date may occur earlier than that stated if all loans within the pool are pre-paid.High prepayments on underlying mortgages can return less to the holder than the dollar amount invested. INVERSE FLOATER:A bond or note that does not earn a fixed rate of interest.Rather,the interest rate is tied to a specific interest rate index identified in the bond/note structure.The interest rate earned by the bond/note will move in the opposite direction of the index.An inverse floater increases the market rate risk and modified duration of the investment. Page 13 of 17 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/6/06 LEVERAGE:Investing with borrowed money with the expectation that the interest earned on the investment will exceed the interest paid on the borrowed money. LIQUIDITY:A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value.In the money market,a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL AGENCY INVESTMENT FUND (LAIF):The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARKET VALUE:The price at which a security is trading and could presumably be purchased or sold. MASTER REPURCHASE AGREEMENT:A written contract covering all future transactions between the parties to repurchase/reverse repurchase agreements that establish each party's rights in the transactions.A master agreement will often specify,among other things,the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller borrower. MATURITY:The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET:The market in which short-term debt instruments (bills, commercial paper,bankers'acceptances,etc.)are issued and traded. MUTUAL FUNDS:An open-ended fund operated by an investment company which raises money from shareholders and invests in a group of assets, in accordance with a stated set of objectives.Mutual funds raise money by selling shares of the fund to the public.Mutual funds then take the money they receive from the sale of their shares (along with any money made from previous investments)and use it to purchase various investment vehicles,such as stocks,bonds,and money m~rket instruments. Page 14 of 17 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/6/06 MONEY MARKET MUTUAL FUNDS:An open-end mutual fund which invests only in money markets.These funds invest in short term (one day to one year)debt obligations such as Treasury bills,certificates of deposit,and commercial paper. NATIONAL ASSOCIATION OF SECURITIES DEALERS (NASD):A self-regulatory organization of the securities industry responsible for the operation and regulation of the NASDAQ stock market and over-the-counter markets.Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities. PASSIVE INVESTING:An investment strategy involving limited ongoing buying and selling actions.Passive investors will purchase investments with the intention of long term appreciation and limited maintenance,and typically don't actively attempt to profit from short term price fluctuations.Also known as a buy-and-hold strategy. PRIMARY DEALER:A designation given by the Federal Reserve System to commercial banks or broker/dealers who meet specific criteria, including capital requirements and participation in Treasury auctions. These dealers submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight.Primary dealers include Securities and Exchange Commission registered securities broker/dealers,banks,and a few unregulated firms. PRUDENT PERSON RULE:An investment standard.In some states the law requires that a fiduciary,such as a trustee,may invest money only in a list of securities selected by the custody state--the so-called legal list.In other states the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. PUBLIC SECURITIES ASSOCIATION (PSA):A trade organization of dealers, brokers,and bankers who underwrite and trade securities offerings. QUALIFIED PUBLIC DEPOSITORIES:A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state,which has segregated Page 15 of 17 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/6/06 for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RANGE NOTE:An investment whose coupon payment varies and is dependent on whether the current benchmark falls within a pre-determined range. RATE OF RETURN:The yield obtainable on a security based on its purchase price or its current market price.This may be the amortized yield to maturity on a bond the current income return. REGIONAL DEALER:A securities broker/dealer,registered with the Securities &Exchange Commission (SEC),who meets all of the licensing requirements for buying and selling securities. REPURCHASE AGREEMENT (RP OR REPO):A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date.The security "buyer"in effect lends the "seller"money for the period of the agreement,and the terms of the agreement are structured to compensate him for this.Dealers use RP extensively to finance their positions.Exception:When the Fed is said to be doing RP,it is lending money that is increasing bank reserves. SAFEKEEPING:A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. SECONDARY MARKET:A market made for the purchase and sale of outstanding securities issues following their initial distribution. SECURITIES &EXCHANGE COMMISSION:Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1:See Uniform Net Capital Rule. STRUCTURED NOTES:Notes issued by Government Sponsored Enterprises (FHLB,FNMA,SLMA,etc.),and Corporations,which have imbedded options (e.g.,call features,step-up coupons,floating rate coupons, Page 16 of 17 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/6/06 derivative-based returns)into their debt structure.Their market performance is impacted by the fluctuation of interest rates r the volatility of the imbedded options and shifts in the shape of the yield curve. STUDENT LOAN MARKETING ASSOCIATION (SLMA or Sallie Mae):A federally established,publicly traded corporation which buys student loans from colleges and other lenders r pools themr and sells them to ~nvestors. TREASURY BILLS1 A non-interest bearing discount security issued by the U.S.Treasury to finance the national debt.Most bills are issued to mature in three months,six months r or one year. TREASURY BONDS:Long-term coupon-bearing U.S.Treasury securities issued as direct obligations of the U.S.Government and having initial maturities of more than 10 years. TREASURY NOTES:Medium-term coupon-bearing U.S.Treasury securities issued as direct obligations of the U.S.Government and having initial maturities from two to 10 years. UNIFORM NET CAPITAL RULE:Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of i'ndebtedness to liquid capital of 15 to 1;also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm r including margin loans .and commitments to purchase securities r one reason new public issues are spread among members of underwriting syndicates.Liquid capital includes cash and assets easily converted into cash. YIELD:The rate of annual income return on an investment,expressed as a percentage.(a)INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security.(b)NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par or plus any discount from par in purchase pricer with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. Page 17 of 17 ATTACHMENT D OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/4/02 9/6/06 PURPOSE This policy is intended to provide a guideline for the prudent investment of cash receipts,talc revenue,and restricted moneys and to outline a procedure for malCimizsing the efficiency of the cash management system.Ultimate investment goals include the enhancement of economic status and the protection of pooled cash inves~ments. 1.0:POLICY It is the policy of the Otay Water District to invest public funds in a manner which will provide maximum security with the best interest return,while meeting the daily cash flow demands of the entity and conforming to all state statues governing the investment of public funds. 2.0:SCOPE This investment policy applies to all financial assets of the Otay Water District.The District pools all cash for investment purposes. This policy is applicable,but not limited to all funds listed below: These funds are accounted for in the District's audited Comprehensive Annual Financial Report (CAFR)and include: 2.1)General Fund 2.2)Capital Project Funds 2.2.1)Designated Expansion Fund 2.2.2)Restricted Expansion Fund 2.2.3)Designated Betterment Fund 2.2.4)Restricted Betterment Fund 2.2.5)Designated Replacement Fund 2.3)Other Post Employment Fund (OPEB) 2.4)Debt Reserve Fund Customer Deposits Replacement Reserve Water Conservation Fund TalC Revenue Interest Income Betterment Funds Pago 1 of 7Page 1 of 21 GTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/4/02 9/6/06 Capital Improvement Funds Exceptions to the pooling of funds do exist for regarding tax-exempt debt proceeds and deferred compensation funds.Funds received from the sale of general obligation bonds,certificates of participation or other tax-exempt financing vehicles are segregated from pooled investments and the investment of such funds are guided bY,the legal documents that govern the terms of such debt issuances. 3.0:PRUDENCE Under all circumstances,the "prudent investor rule"shall apply. Investments shall should be made with judgment and care,under current prevailing circumstances,then prevailing,which persons of prudence, discretion and intelligence exercise in the management of their own affairs,not for speculation,but for investment,considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the "Prudent Person I I and/or "p-Prudent -i-Investor"standard (California Government Code ~53600.3)and shall be applied in the context of managing an overall portfolio.Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 4.0:OBJECTIVE The cash management system of the District is designed to accurately monitor and forecast expenditures and revenues,thus insuring the investment of moneys to the fullest CJctent possible. As specified in the California.Government Code ~53600.5,when investing,reinvesting,purchasing,acquiring,exchanging,selling and managing public funds,the primary objectives,in priority order,of the investment activities shall be: Page 1 of 7Page 2 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/4/02 9/6/06 4.1~)Safety:Safety of principal is the foremost objective of the investment program.Investments of the Otay Water District shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective,diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio.the District will diversify its investments by investing funds among a variety of securities offering independent returns and financial institutions. 4.2~)Liquidity:The Otay Water District's investment portfolio will remain sufficiently liquid to enable the ~ \¥ater District to meet all operating requirements which might be reasonably anticipated. 4.3~)Return on Investments:The Otay Water District's investment portfolio shall be designed with the objective of attaining a ma~tet benchmark rate of return throughout budgetary and economic cycles,taking into account commensurate with the District's investment risk constraints and the cash flow characteristics of the portfolio. 5.0 DELEGATION OF AUTHORITY Under authority granted by the Board of Directors,the Department Head of Finance is responsible for investing cash in eiccess of the District's operating needs. The authority governing investments for municipal governments is set forth in the Government Code,Sections 53601 through 53659. Authority to manage the Otay Water District's investment program is derived from the California Government Code,Sections 53600 through 53692.Management responsibility for the investment program is hereby delegated to the Chief Financial Officer (CFO),who shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials and their procedures in the absence of the CFO. Pago 1 of 7Page 3 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/4/02 9/6/06 The CFO shall establish written investment policy procedures for the operation of the investment program consistent with this policy.Such procedures shall include explicit delegation of authority to persons responsible for investment transactions.No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the CFO. 6.0:ETHICS AND CONFLICTS OF INTEREST Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program,or that could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the General Manager any material financial interests in financial institutions with which they conduct business.They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio.Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the District. 7.0:AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The Chief Financial Officer shall maintain a list of financial institutions authorized to provide investment services.In addition, a list will also be maintained of approved security broker/dealers who are authorized to provide investment services in the State of California.These may include "primary"dealers or regional dealers that qualify under Securities &Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule).No public deposit shall be made except in a qualified public depository as established by state laws. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the District with the following,as appropriate: •Audited Financial Statements. Page 1 of 7Page 4 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/4/02 9/6/06 •Proof of National Association of Security Dealers (NASD) certification. •Proof of state registration. •Completed broker/dealer questionnaire. •Certification of having read the District's Investment Policy. •Evidence of adequate insurance coverage. As annual review of the financial condition and registrations of qualified bidders will be conducted by the CFO.A current audited financial statement is required to be on file for each financial institution and broker/dealer in which the District invests. 8.0:AUTHORIZED AND SUITABLE INVESTMENTS From the governing body perspective,special care must be taken to ensure that the list of instruments includes only those allowed by law and those that local investment managers are trained and competent to handle.The District is governed by the California Government Code, Sections 53600 et seqthrough 53692,to invest in the following types of securities,Within the context of the limitations,the following investments are authori3ed,as further limited herein: ~8.01)United States Treasury Bills,Bonds,Notes or those instruments for which the full faith and credit of the United States are pledged for payment of principal and interest.There is no percentage limitation of the portfolio which can be invested in this category,although a five-year maturity limitation is applicable.No more than 30 percent of the portfolio shall exceed two years to maturity. ~8.02)Local Agency Investment Fund (LAIF),which is a State of California managed investment pool,may be used up to the maximum permitted by State Law (currently $~40 million).The District may also invest bond proceeds in the Local Agency Investment Fund.LAIF with the same but independent maximum limitation.Liquidity for bond proceeds,per fund regulations, Page 1 of 7Page 5 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/4/02 9/6/06 is thirty calendar day increments from the date of the initial deposit. C.Time deposits,non negotiable and collaterali~ed in accordance \Jith the California Government Code,may be purchased through commercial banks or savings and loan associations that have a Moody's Investor Service rating or Standard &Poor's Corporation rating of at least "A".."'\written depository contract is required with all institutions that hold District deposits.Since time deposits are not liquid,the maximum maturity of one year may be purchased.The institution must secure deposits by pledging government securities equal to at least 110%of deposits or first trust deed mortgage notes in mccess of 115%of deposits .."'\11 banks providing the District Tdith collaterali~ed time deposits are required to provide the District with a regular statement of the pooled collateral held,the market value of the collateral,an accountability of the deposits secured by the pool and a statement that the 110%or 115% collateral rule is met. ~8.03)Bonds,debentures,notes and other evidence of indebtedness issued by any of the following government agency issuers: •Farm Credit Consolidated System, •Federal Home Loan Bank (FHLB), •Federal Home Loan Mortgage Corporation (FHLMC or "Freddie Mac ll ), •Federal National Mortgage Association (FNMA or "Fannie Mae"), •Government National Mortgage Association (GNMA or ~~Ginnie Mae II) •Student Loan Marketing Association (SLMA or "Sallie Mae") •Federal Farm Credit Bank (FFCB),Tennessee Valley Authority and Federal Land Bank.Investments in federal agency securities are limited to 70 percent of the District's Pago 1 of 7Page 6 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/4/02 9/6/06 portfolio and no more than 70%in callable securities.The maturity of these securities shall not CJtceed five years. There is no percentage limitation of the portfolio which can be invested in this category,although a five-year maturity limitation is applicable. , 8.04)Interest-bearing demand deposit accounts and Certificates of Deposit (CD)will be made only in Federal Deposit Insurance Corporation (FDIC)insured accounts.For deposits in excess of the insured maximum of $100,000,approved collateral shall be required in accordance with California Government Code, Section 53652.Investments in CD's are limited to 15 percent of the District's portfolio. F.Collaterali3ed Repurchase Agreements with banks and primary dealers on the Federal Reserve reporting dealer list which are rated I'A"or better by Standard &Poor's Corporation and ~4oody's Investors Service.The repurchase agreement provider must enter into a master repurchase agreement with the District of standard industry form,currently the Public Securities ~ssociation master repurchase agreement.The collateral provided by the repurchase agreement provider must be delivered directly to a third party bank which holds an account in the name of the District and the District will maintain a first perfected security interest in the collateral.The District shall have a contractual right to liquidate the collateral securities upon the bankruptcy, insolvency or other default of the repurchase agreement provider. Collateral !,Jill be marked to market at least weekly and the market value of collateral will be maintained at or above 102 percent of the value of the repurchase agreement if Treasury securities are posted as collateral or 104 percent of the value of the repurchase agreement if agency securities permitted by this policy are posted as collateral.The term of any repurchase agreement entered '.fllill not CJtceed 1 year and investments in repurchase agreements are limited to 15 percent of the District's portfolio. Page 1 of 7Page 7 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/4/02 9/6/06 #08.05)Commercial paper,which is short-term,unsecured promissory notes of corporate and public entities.Investment is limited to commercial paper of "prime"quality of the highest ranking as provided by Hoody's Investors Service or Standard and Poor's Rating Services.Eligible paper is issued only by corporations that are organized and operating 1Jithin the United States and having total assets in eRcess of ~500 million.The corporation must also have an "A"rating or higher fot the issuer's debt,other than commercial paper,as provided by Hoody's Investors Service,or Standard and Poor's Rating Services.Purchases of eligible commercial paper may not exceed 10 percent of the outstanding paper of an issuing corporation, and maximum investment maturity will be restricted to ~270 days.Investment is further limited as described in California (reference:Government Code,Section 53601(g)+.Purchases of commercial paper may not exceed 15 percent of the District's portfolio. G.8.06)Medium-term notes defined as all corporate debt securities with a maximum remaining maturity of five years or less,and that meet the further requirements of California Government Code,Section 53601(j).issued by corporations that are "A"rated or higher,as rated by Moody's Investors Service and Standard &:Poor's Rating Services.HaEimum investment maturity is restricted to t',ao years for "A"and "h.V'rated notes and five years for "h.7\A"rated notes.Investments in medium-term notes are limited to 15 percent of the District's portfolio-at the time of purchase. ~8.07)Money market mutual funds that invest only in Treasury securities and repurchase agreements collateralized with Treasury securities,and that have the highest ratings by Moody's Investors Service and Standard &Poor's Corporation meet the further requirements of California Government Code,Section 53601(k).Investments in money market mutual funds are limited to 15 percent of the District's portfolio. ~8.08)The San Diego County Treasurer's Pooled Money Fund, which is a County managed investment pool,may be used by the Otay Water District to invest excess funds.There is no Pago 1 of 7Page 8 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY SUbject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/1/02 9/6/06 percentage of the portfolio which can be invested in this category. ~8.09)Under the provisions of California Government Code ~53601.6 and §53631.5,the Otay Water District shall not invest any funds covered by this Investment Policy in inverse floaters, range notes,interest-only strips derived from mortgage pools,or any investment that may result in a zero interest accrual if held to maturity.Also,the borrowing of funds for investment purposes,known a leveraging,is prohibited. 9.0:INVESTMENT POOLS/MUTUAL FUNDS A thorough investigation of the pool/fund is required prior to investing,and on a continual basis.There shall be a questionnaire developed which will answer the following general questions: • A description of eligible investment securities,and a written statement of investment policy and objectives. • A description of interest calculations and how it is distributed,and how gains and losses are treated. • A description of how the securities are safeguarded (including the settlement processes),and how often the securities are priced and the program audited. • A description of who may invest in the program,how often, and what size deposits and withdrawals are allowed. • A schedule for receiving statements and portfolio listings. •Are reserves,retained earnings,etc.,utilized by the pool/fund? • A fee schedule,and when and how is it assessed. •Is the pool/fund eligible for bond proceeds and/or will it accept such proceeds? 10.0 COLLATERALIZATION Collateralization will be required on certificates of deposit.In order to anticipate market changes and provide a level of security for Page 1 of 7Page 9 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/4/02 9/6/06 all funds,the collateralization level will be 102%of market value of principal and accrued interest.Collateral will always be held by an independent third party with whom the entity has a current custodial agreement.A clearly marked evidence of ownership (safekeeping receipt)must be supplied to the entity and retained.The right of collateral substitution is granted. 11.0:SAFEKEEPING AND CUSTODIAL ARRANGEMENTS CUSTODY To protect against potential losses in the event of bankruptcy or insolvency of a security dealer or bank,all book entry securities owned by the District,including repurchase agreement collateral,will be kept in safekeeping by a third party custodial agreement. All security transactions entered into by the Otay Water District shall be conducted on a delivery-versus-payment (~DVP~)basis. Securities will be held by a third party custodian designated by the District and evidenced by safekeeping receipts. 12.0:DIVERSIFICATION The Otay Water District will diversify its investments by security type and institution,with limitations on the total amounts invested in each security type as detailed in Paragraph 8.0,above,so as to reduce overall portfolio risks while attaining benchmark average rate of return.With the exception of U.S.Treasury securities,government agencies,and authorized pools,no more than 50%of the District's total investment portfolio will be invested with a single financial institution.It is the policy of the Otay Water District to diversify its investment portfolio.~ssets shall be diversified to eliminate the risk of loss resulting from over concentration of assets in a specific maturity,a specific issuer or a specific class of securities.Diversification strategies shall be determined and revised periodicall)r.In establishing specific diversification strategies,the following general policies and constraints shall apply: (a)Portfolio maturities shall be matched versus liabilities to avoid undue concentration in a specific maturity sector. Page 1 of 7Page 10 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/4/02 9/6/06 (b)~qaturities selected shall provide for stability of income and liquidity. 13.0:MAXIMUM MATURITIES To the extent possible,the Otay Water District will attempt to match its investments with anticipated cash flow requirements.Unless matched to a specific cash flow,the District will not dir~ctly invest in securities maturing more than five years from the date of purchase. However,for time deposits with banks or savings and loan associations,investment maturities will not exceed two years. Investments in commercial paper will be restricted to 270 days. 14.0:INTERNAL CONTROL The Chief Financial Officer shall establish an annual process of independent review by an external auditor.This review will provide internal control by assuring compliance with policies and procedures. 15.0:PERFORMANCE STANDARDS The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow needs. The Otay Water District's investment strategy is passive.Given this strategy,the basis used by the CFO to determine whether market yields are being achieved shall be the State of California Local Agency Investment Fund (LAIF)as a comparable benchmark. 16.0:REPORTING The Department Head Finance will submit a monthly investment report to the Board of Directors.This report will inclvde all cash of the District,CJccept for deferred compensation funds.The report shall include a complete description of the portfolio,the type of investments,the issuers,maturity dates,and par values.The report shall contain the average weighted yield and percent distribution to each type of investment.The report must also include a certification Page 1 of 7Page 11 of 21 DTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/4/02 9/6/06 that (1)all investment actions executed since the last report have been made in full compliance with the Investment Policy,and (2)the Otay Water District 'dill meet its expenditure obligations for the nC1ct six months as required by California Government Code §53646(b)(2)and (3)I respectively.The Department Head Finance shall maintain a complete and timely record of all investment transactions. "" In accordance with California Government Code §53646(b)(1),the Department Head Finance shall submit to each member of the Board of Directors a quarterly investment report that includes the current market values of each component of the portfolio as well as the source of the portfolio valuation. The Chief Financial Officer shall provide the Board of Directors monthly investment reports which provide a clear picture of the status of the current investment portfolio.The management report should include comments on the fixed income markets and economic conditions, discussions regarding restrictions on percentage of investment by categories,possible changes in the portfolio structure going forward and thoughts on investment strategies."Schedules in the quarterly report should include the following: • A listing of individual securities held at the end of the reporting period by authorized investment category. •Average life and final maturity of all investments listed. •Coupon,discount or earnings rate. •Par value,amortized book value,and market value. •Percentage of the portfolio represented by each investment category. 17.0:POLICY REVIEWINVESTMENT POLICY ADOPTION The Otay Water District's investment policy shall be adopted by resolution of the District's Board of Directors.The iWJestment policy shall be reviewed and submitted annually ~by the Board of Directors in order to ensure its consistency with the overall objectives of preservation of principal,liquidity and yield,and its relevance to current law and financial and economic trends and any modifications made thereto must be approved by the Board. Page 1 of 7Page 12 of 21 DTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/4/02 9/6/06 18.0:GLOSSARY See Appendix A. APPENDIX A:GLOSSARY ACTIVE:INVESTING:Active investors will purchase investments and continuously monitor their activity,often looking at the price movements of their stocks many times a day,in order to exploit profitable conditions.Typically,active investors are seeking short term profits. AGENCIES:Federal agency securities and/or Government-sponsored enterprises. BANKERS'ACCEPTANCE (BA):A draft or bill or exchange accepted by a bank or trust company.The accepting institution guarantees payment of the bill,as well as the issuer. BENCHMARK:A comparative base for measuring the performance or risk tolerance of the investment portfolio.A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio's investments. BROKER/DEALER:Any individual or firm in the business of buying and selling securities for itself and others.Broker/dealers must register with the SEC.When acting as a broker,a broker/dealer executes orders on behalf of his/her client.When acting as a dealer,a broker/dealer executes trades for his/her firm's own account. Securities bought for the firm's own account may be sold to clients or other firms,or become a part of the firm's holdings. CERTIFICATE OF DEPOSIT (CD):A short or medium term,interest bearing, FDIC insured debt instrument offered by banks and savings and loans. Money removed before maturity is subject to a penalty.CDs are a low risk,low return investment,and are also known as "time deposits II , because the account holder has agreed to keep the money in the account for a specified amount of time,anywhere from a few months to several years. Page 1 of 7Page 13 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/4/02 9/6/06 COLLATERAL:Securities,evidence of deposit or other property,which a borrower pledges to secure repayment of a loan.Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER:An unsecured short-term promissory note,issued by corporations,with maturities ranging from 2 to 270 days. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR):The official annual report for the Otay Water District.It includes detailed financial information prepared in conformity with generally accepted accounting principles (GAAP).It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions,extensive introductory material,and a detailed statistical section. COUPON:(a)The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value.(b)A certificate attached to a bond evidencing interest due on a set date. DEALER:A dealer,as opposed to a broker,acts as a principal in all transactions,buying and selling for his own account. DEBENTURE:A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT:There are two methods of delivery of securities:delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities.Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DERIVATIVES:(1)Financial instruments whose return profile is linked to,or derived from,the movement of one or more underlying index or security,and may include a leveraging factor,or (2)financial contracts based upon notional amounts whose value is derived from an underlying index or security (interest rates,foreign exchange rates, equities or commodities). DISCOUNT:The difference between the cost price of a security and its maturity when quoted at lower than face value.A security selling Page 1 of 7Page 14 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/4/02 9/6/06 below original offering price shortly after sale also is considered to be at a discount. DISCOUNT SECURITIES:Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value,e.g.,u.S.Treasury Bills. DIVERSIFICATION:Dividing investment funds among a variety'of securities offering independent returns. FEDERAL CREDIT AGENCIES:Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g.,S&L's,small business firms,students,farmers,farm cooperatives,and exporters. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC):A federal agency that insures deposits in member banks and thrifts,currently up to $100,000 per deposit. FEDERAL FARM CREDIT BANK (FFCB):The Federal Farm Credit Bank system supports agricultural loans and issues securities and bonds in financial markets backed by these loans.It has consolidated the financing programs of several related farm credit agencies and corporations. FEDERAL FUNDS RATE:The rate of interest at which Fed funds are traded.This rate is currently pegged by the Federal Reserve through open-market operations. FEDERAL HOME LOAN BANK (FHLB):Government sponsored wholesale banks (currently 12 regional banks),which lend funds and provide correspondent banking services to member commercial banks,thrift institutions,credit unions and insurance companies. FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC or Freddie Mac):A stockholder owned,publicly traded company chartered by the United States federal government in 1970 to purchase mortgages and related securities,and then issue securities and bonds in financial markets backed by those mortgages in secondary markets.Freddie Mac,like its Page 1 of 7Page 15 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/4/02 9/6/06 competitor Fannie Mae r is regulated by the United States Department of Housing and Urban Development (HUD). FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA or Fannie Mae):FNMA r like GNMA was chartered under the Federal National Mortgage Association Act in 1938.FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD).It,.is the largest single provider of residential mortgage funds in the United States.Fannie Mae is a private stockholder-owned corporation.The corporation's purchases include a variety of adjustable mortgages and second loans r in addition to fixed-rate mortgages.FNMA's securities are also highly liquid and are widely accepted.FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. FEDERAL RESERVE SYSTEM:The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington r D,C'r 12 regional banks and about 5 r 700 commercial banks that are members of the system. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae):A government owned agency which buys mortgages from lending institutions r securitizes themr and then sells them to investors. Because the payments to investors are guaranteed by the full faith and credit of the U.S.Government r they return slightly less interest than other mortgage-backed securities. INTEREST-ONLY STRIPS:A mortgage backed instrument where the investor receives only the interest r no principal r from a pool of mortgages. Issues are highly interest rate sensitive r and cash flows vary between interest periods.Also r the maturity date may occur earlier than that stated if all loans within the pool are pre-paid.High prepayments on underlying mortgages can return less to the holder than the dollar amount invested. INVERSE FLOATER:A bond or note that does not earn a fixed rate of interest.Rather r the interest rate is tied to a rate index identified in the bond/note structure. earned by the bond/note will move in the opposite specific interest The interest rate direction of the Page 1 of 7Page 16 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/4/02 9/6/06 index.An inverse floater increases the market rate risk and modified duration of the investment. LEVERAGE:Investing with borrowed money with the expectation that the interest earned on the investment will exceed the interest paid on the borrowed money. LIQUIDITY:A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value.In the money market,a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL AGENCY INVESTMENT FUND (LAIF):The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARKET VALUE:The price at which a security is trading and could presumably be purchased or sold. MASTER REPURCHASE AGREEMENT:A written.contract covering all future transactions between the parties to repurchase/reverse repurchase agreements that establish each party's rights in the transactions.A master agreement will often specify,among other things,the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller borrower. MATURITY:The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET:The market in which short-term debt instruments (bills, commercial paper,bankers'acceptances,etc.)are issued and traded. MUTUAL FUNDS:An open-ended fund operated by an investment company which raises money from shareholders and invests in a group of assets, in accordance with a stated set of objectives.Mutual funds raise money by selling shares of the fund to the public.Mutual funds then take the money they receive from the sale of their shares (along with any money made from previous investments)and use it to purchase Page 1 of 7Page 17 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/4/02 9/6/06 various investment vehicles,such as stocks,bonds,and money market instruments. MONEY MARKET MUTUAL FUNDS:An open-end mutual fund which invests only in money markets.These funds invest in short term (one day to one year)debt obligations such as Treasury bills,certificates of deposit,and commercial paper. NATIONAL ASSOCIATION OF SECURITIES DEALERS (NASD):A self-regulatory organization of the securities industry responsible for the operation and regulation of the NASDAQ stock market and over-the-counter markets.Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities. PASSIVE INVESTING:An investment strategy involving limited ongoing buying and selling actions.Passive investors will purchase investments with the intention of long term appreciation and limited maintenance,and typically don't actively attempt to profit from short term price fluctuations.Also known as a buy-and-hold strategy. PRIMARY DEALER:A designation given by the Federal Reserve System to commercial banks or broker/dealers who meet specific criteria, including capital requirements and participation in Treasury auctions. These dealers submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight.Primary dealers include Securities and Exchange Commission registered securities broker/dealers,banks,and a few unregulated firms. PRUDENT PERSON RULE:An investment standard.In some states the law requires that a fiduciary,such as a trustee,may invest money only in a list of securities selected by the custody state--the so-called legal list.In other states the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. PUBLIC SECURITIES ASSOCIATION (PSA):A trade organization of dealers, brokers,and bankers who underwrite and trade securities offerings. Pago 1 of 7Page 18 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/4/02 9/6/06 QUALIFIED PUBLIC DEPOSITORIES:A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state,which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RANGE NOTE:An investment whose coupon payment varies and Is dependent on whether the current benchmark falls within a pre-determined range. RATE OF RETURN:The yield obtainable on a security based on its purchase price or its current market price.This may be the amortized yield to maturity on a bond the current income return. REGIONAL DEALER:A securities broker/dealer,registered with the Securities &Exchange Commission (SEC),who meets all of the licensing requirements for buying and selling securities. REPURCHASE AGREEMENT (RP OR REPO):A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date.The security "buyer"in effect lends the "seller"money for the period of the agreement,and the terms of the agreement are structured to compensate him for this.Dealers use RP extensively to finance their positions.Exception:When the Fed is said to be doing RP,it is lending money that is increasing bank reserves. SAFEKEEPING:A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. SECONDARY MARKET:A market made for the purchase and sale of outstanding securities issues following their initial distribution. SECURITIES &EXCHANGE COMMISSION:Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE lSC3-1:See Uniform Net Capital Rule. Page 1 of 7Page 19 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/1/02 9/6/06 STRUCTURED NOTES:Notes issued by Government Sponsored Enterprises (FHLB,FNMA,SLMA,etc.),and Corporations,which have imbedded options (e.g.,call features,step-up coupons,floating rate coupons, derivative-based returns)into their debt structure.Their market performance is impacted by the fluctuation of interest rates,the volatility of the imbedded options and shifts in the shape of the yield curve. STUDENT LOAN MARKETING ASSOCIATION (SLMA or Sallie Mae):A federally established,publicly traded corporation which buys student loans from colleges and other lenders,pools them,and sells them to investors. TREASURY BILLS:A non-interest bearing discount security issued by the U.S.Treasury to finance the national debt.Most bills are issued to mature in three months,six months,or one year. TREASURY BONDS:Long-term coupon-bearing U.S.Treasury securities issued as direct obligations of the u.s.Government and having initial maturities of more than 10 years. TREASURY NOTES:Medium-term coupon-bearing U.S.Treasury securities issued as direct obligations of the U.S.Government and having initial maturities from two to 10 years. UNIFORM NET CAPITAL RULE:Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to Ii also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm,including margin loans and commitments to purchase securities,one reason new public issues are spread among members of underwriting syndicates.Liquid capital includes cash and assets easily converted into cash. YIELD:The rate of annual income return on an investment,expressed as a percentage.(a)INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security.(b)NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par or plus any discount from par in purchase price, Page 1 of 7Page 20 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Date Date Number Adopted Revised DISTRICT INVESTMENT POLICY 27 9/15/93 9/1/02 9/6/06 with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. Page 1 ef 7Page 21 of 21 ATTACHMENT E Association of Public Treasurer's of UNITED STATES &CANADA Investment Policy Certification August 10,2006 Otay Water District,CA James Cudlip,Treasurer 2554 Sweetwater Springs Blvd. Spring Valley,·CA 91978-2004 Dear Mr.Cudlip: Re:Investment Policy Certification Approval Congratulations on your successful completion ofthe Investment Policy Certification process through the Association ofPublic Treasurer's-United States &Canada. A team comprised ofthree (3)reviewers from the Investment Policy Certification Committee reviewed your Investment Policy and have now approved your municipalities policy for the APT-US&C Investment Policy Certificate ofExcellence Award. You are invited to attend the APT-US&C Annual Conference which will be held in San Diego,CA in 2007 to receive your plaque.Your plaque will be presented by the President ofAPT-US&C and the Investment Policy Certification Chairman.You will receive further information about the annual conference inthe upcoming months Once again,congratulations on a job well done and creating an excellent policy and attaining this award. Dennis L.Habedank Investment Policy Certification Chairman dhabedank@garfield-twp.com ATTACHMENT F OTAY WATER DISTRICT INVESTMENT PORTFOLIO REVIEW JULY 31,2006 INVESTMENT OVERVIEW &MARKET STATUS: In accordance with California State Code and District Investment Policy,our investment objectives,in priority order,have been 1) safety,2)liquidity,and 3)return on investment.To accomplish this,our strategy has been (and continues to be)to invest primarily in Federal Agency obligations (FHLB,FHLMC,FNMA),followed by United States Treasury notes,the California State investment pool (LAIF),and the San Diego County investment pool.Although other types of investments are authorized (commercial paper,corporate debt securities,etc.),we have not chosen these due to the increased time required for adequate research and the increased level of risk. For the last two years interest rates have been steadily rising due to the Federal Reserve Board's repetitive increases in the federal funds rate,from 1.0%in Jun-04 to 5.25%in Jun-06.During the extended period when rates were low,Otay's investment strategywas to lock in the highest interest possible for periods of 18 to 24 months,with yields ranging from 1.7%to 3.0%.As interest rates have increased beyond 3%our investment strategy has changed to shorten the investment periods from 9 to 18 months,with yields ranging from 3.5%to 5.5%. The Federal Reserve Board did not raise the federal funds rate beyond 5.25%at their last meeting (Aug-06)and interest rates have now stabilized,at least temporarily.Investment analysts currently believe the Feds will increase rates at least once more this year,to 5.5%by year-end.Based on this assessment we plan to maintain our current strategy ofinvesting in short-term Federal Agency securities,in an attempt to avoid having prevailing interest rates overtake those ofour current investment holdings for any extended period oftime. PORTFOLIO COMPLIANCE:July 31,2006 8.01: 8.02: 8.03: 8.04: 8.05: 8.06: 8.07: 8.08: 12.0: Investment Treasury Securities Local Agency Investment Fund (LAIF) Federal Agency Issues Certificates ofDeposit Short-Term Commercial Notes Medium-Term Commercial Debt Money Market Mutual Funds San Diego County Pool Maximum Single Financial Institution State Limit 100% $40 Million 100% 30% 25% 30% 20% 100% 100% OtayLimit 100% $40 Million 100% 15% 15% 15% 15% 100% 50% Otay Actual 12.75% $7.3 Million 76.59% 0.11% o o o 0.14% 2.1% OTAY Portfolio Management Portfolio Summary JUly 31,2006 Investments Federal AgencyIssues- Callable TreasurySecurities -Coupon Certificates ofDeposit-Bank LocalAgency Investment Fund (LAIF) San Diego CountyPool Investments Par Market Book %of Daysto YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv.365Equiv. 54,000,000.00 53,751,036.99 53,941,786.94 76.59 541 270 4.471 ,(533 9,000,000.00 8,950,312.50 8,977,863.67 12.75 351 166 4.460 4.522 79,108.00 79,108.00 79,108.00 0.11 730 539 3.880 3.934 7,327,443.44 7,314,150.15 7,327,443.44 10.40 1 1 4.783 4.849 99,091.73 98,617.16 99,091.73 0.14 1 1 4.212 4.271 70,505,643.17 70,193,224.80 70,425,293.78 100.00%460 229 4.501 4.563 Cash Passbook/Checking (notincluded in yield calculations) Total Cash and Investments Total Earnings Current Year Average Daily Balance Effective Rate of Return 1,495,289.19 72,000,932.36 July 31 Month Ending ?77,970.32 75,210,445.54 4.35% 1,495,289.19 71,688,513.99 Fiscal Year To Date 277,970.32 75,210,445.54 4.35% 1,495,289.19 71,920,582.97 460 229 0.257 4.501 0.260 4.563 I hereby certify that the investments contained in this report are made in accoraance with the District Investment Policy Number 27 adopted by the Board of Directors on January 19,2000.The market value information provided by Interactive Data Corporation.The investments provide sufficient liquidity to meet the cash flow requirements of the District for the next six months ofexpenditures.~~9'-/{rt!2GJOeaChic~ Run Dale:0811612006 -09:15 Portfolio OTAY AP PM (PRF]M1)SymRepl6.41.200 ReportVer.5.00 Run Date:0811612006 -09:15 Portfolio OTAY AP PM (PRF_PM2)SymRept 6.41.200 ReportVer.5.00 OTAY Portfolio Management Portfolio Details -Investments July 31,2006 Page 3 Average Purchase Stated YTM Daysto Maturity CU51P Investment#Issuer Balance Date Par Value MarketValue BookValue Rate Moody~s 360 Maturity Date San Diego County Pool 50 COUNTY POOL 9007 STATE OF CALIFORNIA 07/0112004 99,091.73 98,617.16 99,091.73 4.271 4.212 Subtotal and Av~rage 99,091.73 99,091.73 98,617.16 99,091.73 4.212 1 Total and Average 75,210,445.54 70,505,643.17 70,193,224.80 70,425,293.78 4.501 229 Run Dale:08/16/2006•09:15 Portfolio OTAY AP PM (PRF_PM2)SymRept 6.41.200 •r OTAY Portfolio Management Portfolio Details -Cash JUly 31,2006 Page 4 Average Purchase CUSIP Investment#Issuer Balance Date ParValue Union Bank UNION BANK 9002 STATE OF CALIFORNIA 0710112004 179,955.69 PETIYCASH 9003 STATE OF CALIFORNIA 0710112004 2,800.00 CALIF BANK &TR 9004 STATE OF CALIFORNIA 0710112004 1,229,954.29 PAYROLL 9005 STATE OF CALIFORNIA 0710112004 51,823.75 UNIONIOC 9008 STATE OF CALIFORNIA 0510112006 30,755.46 Average Balance 0.00 Total Cash and Investmentss 75,210,445.54 72,000,932.36 Run Dale:0811612006 -09:15 ---~--------------------- Market Value 179,955.69 2,800.00 1,229,954.29 51,823.75 30,755.46 71,688,513.99 Stated YTM Days to Book Value Rate Moody's 360 Maturity 179,955.69 1.400 1.381 1 2,800.00 0.000 1 1,229,954.29 0.000 1 51,823.75 0.000 1 30,755.46 4.460 4.399 1 71,920,582.97 4.501 229 Portfolio OTAY AP PM (PRF_PM2)SymRepI6.41.200 \ J OTAY Activity Report Sorted By Issuer JUly 1,2006 •July 31,2006 CUSIP Investment#Issuer Percent ofPortfolio' ParValue-------._-,-"----- Beginning Balance Current Rate Transaction Date _________.__...__----f.~rValue Purchases or Redemptions or Deposits Withdrawals Ending Balance Issuer:STATE OF CALIFORNIA Subtotal and Balance Local Agency Investment Fund (LAIF) LAIF 9001 STATE OF CALIFORNIA Union Bank UNION BANK CALIF BANK &TR PAYROLL UNION IOC 9002 9004 9005 9008 STATE OF CALIFORNIA STATE OF CALIFORNIA STATE OF CALIFORNIA STATE OF 9ALlFORNIA Subtotal and Balance 1,033,493.75 12,567,520.35 1.400 4.460 4.849 3,125.812.41 3,000,875.00 333,870.72 0.00 2,924.82 0.00 117.49 55.00 3,462,725.44 3,000,930.00 1,359,923.09 6,600,000.00 1,359,923.09 6,600,000.00 1,495,289.19 7,327,443.44 San Diego County Pool Subtotal and Balance IssuerSubtotal 12.391% Issuer:California Bank &Trust Certificates ofDeposit-Bank Subtotal andBalance 99,091.73 13,700,105.83 79,108.00 4,822,648.53 9,600,930.00 99,091.73 8,921,824.36 79,108.00 IssuerSubtotal Issuer:Federal Home Loan Bank 0.110%79,108.00 o~oo 0.00 79,108.00 Federal Agency Issues-Callable 31~3X5ZG6 1977 3133XGCU6 2008 Federal Home Loan Bank Federal Home Loan Bank 2.510 5.450 07/28/2006 07/28/2006 0.00 3,000,000.00 3,000,000.00 0.00 Subtotal and Balance IssuerSubtotal 54.166% Run Dale:08/1612006 -09:16 39,000,000.00 39,000,000.00 3,000,000.00 3,000,000.00 3,000,000.00 3,000,000.00 39,000,000.00 39,000,000.00 Portfolio OTAY AP DA(PRF_DA)SymRepI6.41.200 Report Ver.5.00 \, CUSIP Investment#Issuer Percent ofPortfolio OTAY Activity Report July 1,2006 -July 31,2006 ParValue-----_._._-------_. Beginning Current Transaction Balance Rate Date Page 2 _____________. .__....._ParVal~__.._.._.. ..._ Purchases or Redemptions or Ending Deposits'Withdrawals Balance Issuer:Federal Home Loan Mortgage Federal Agency Issues-Callable SUbtotal and Balance IssuerSubtotal 16.666% Issuer:Federal National Mortage Assoc Federal Agency Issues-Callable SUbtotaland Balance 12,000,000.00 12,000,000.00 3,000,000.00 0.00 0.00 12,000,000.00 12,000,000.00 '. 3,000,000.00 IssuerSubtotal Issuer:US TREASURY Treasury Securities -Coupon Subtotal and Balance 4.167%3,000,000.00 9,000,000.00 0.00 0.00 3,000,000.00 9,000,000.00 IssuerSubtotal 12.500% Total 100.000% r _ Run Dale:0811612006·09:16 9,000,000.00 76,779,213.83 0.00 7,822,648.53 0.00 12,600,930.00 9,000,000.00 72,000,932.36 Portfolio OTAY AP DA(PRF_DA)SymRept6.41.200 ReportVer.5.00 i,; OTAY Duration Report Sorted by Investment Type -Investment Type Through 07/31/2006 Investment Book Par Market Current YTM Current Maturity1 Effective Security 10 Investment#Fund Issuer Class Value Value Value Rate 365 Yield Call Date Duration 3133XETX7 2001 99 Federal Home Loan Bank Fair 3,000,000.00 3,000,000.00 2,988,750.00 5.125 5.125 5,480 09'14'2007 1.053 3133XFs72 2,995,312.50 -2007 99 Federal Home Loan Bank Fair 3,000,000.00 3,000,000.00 5.350 5.350 5.671e 1212812006 0.408 3133XAsF5 1991 99 Federal Home Loan Bank Fair 3,000,000.00 3,000,000.00 2,979,375.00 3.500 3,498 5.509 1210812006 0.339 3133X6LN4 1980 99 Federal Home Loan Bank Fair 3,000,000.00 3,000,000.00 2,998,125.00 2.650 2.650 2.777 08'10'2006 0.024 3133XARK5 1992 99 Federal Home Loan Bank Fair 3,000,000.00 3,000,000.00 2,978,437.50 3.510 3.508 4.983e 09108'2006 0.000 3133XEP45 1999 99 Federal Home Loan Bank Fair 3,000,000.00 3,000,000.00 2,989,687.50 5.000 5.000 5.613 0310212007 0.557 3133XEMs5 1998 99 Federal Home Loan Bank Fair 3,000,000.00 3,000,000.00 2,984,062.50 5.000 5.012 6.095e 0812812006 0.073 3128X40Y4 2004 99 Federal Home Loan Mortgage Fair 2,967,081.47 3,000,000.00 2,961,302.95 4.000 5.200 6.666e 0111312007 0.452 3133XGCU6 2008 99 Federal Home Loan Bank Fair 3,000,000.00 3,000,000.00 2,999,062.50 5.450 5.450 5.516 0112912007 0.481 3133X8KC5 1989 99 Federal Home Loan Bank Fair 3,000,000.00 3,000,000.00 2,987,812.50 3.000 3.000 3.828e 08'2812006 0.000 3128X4CE9 2005 99 Federal Home Loan Mortgage Fair 2,974,705.47 3,000,000.00 2,970,716.86 3.625 5.232 5.491 0211512007 0.515 3128X5CCO 2006 99 Federal Home Loan Mortgage Fair 3,000,000.00 3,000,000.00 '2,995,850.83 5.340 5.336 5.624e 12101'2006 0.334 3133X8KE1 1988 99 Federal Home Loan Bank Fair 3,000,000.00 3,000,000.00 2,970,000.00 3.025 3.024 5.076e 09129'2006 0.000 3128X4K67 2000 99 Federal HomeLoan Mortgage Fair 3,000,000.00 3,000,000.00 2,983,478.85 5.250 5.250 5.618 03'0712008 1.482 31359MG31 1997 99 Federal National MortageAssoe Fair 3,000,000.00 3,000,000.00 2,986,87;5.00 5.000 5.000 5.901 e 08124'2006 0.063 3133XFBX3 2003 99 Federal Home Loan Bank Fair 3,000,000.00 3,000,000.00 2,994,375.00 5.250 5.250 5.636e 0810412006 0.000 3133XARM1 1990 99 Federal Home Loan Bank Fair 3,000,000.00 3;000,000.00 2,993,437.50 3.470 3.470 3.916 0910812006 0.104 3133XF2C9 2002 99 Federal Home Loan Bank Fair 3,000,000.00 3,000,000.00 2,994,375.00 5.250 5.247 5.636e 10103'2006 0.172 912827262 1995 99 US TREASURY Fair 3,011,167.28 3,000,000.00 3,007,500.00 6.500 4.634 5.985 10115'2006 0.205 9128280J6 1993 99 US TREASURY Fair 2,980,710.81 3,000,000.00 2,970,000.00 3.125 4.437 5.177 01'31'2007 0.501 912828000 1994 99 US TREASURY Fair 2,985,985.58 3,000,000.00 2,972,812.50 3.750 4.492 5.158 0313112007 0.638 2050003183R 1996 99 California Bank &Trust Amort 79,108.00 79,108.00 79,108.00 3.880 3.934 3.880 0112212008 1.427t ReportTotal 62,998,758.61 63,079,108.00 62,780,457.49 5.300 0.353t t =Duration can not be calculated on these investmentsdue to incomplete Marketprice data. Run Dale:0611612006 -09:17 Page 1 Portfolio OTAY AP DU (PRF_DU)SymRepI6.41.200 Report Ver.5.00 DISTRICT INVESTMENT POLICY Policy #27 September 6,2006 ATTACHMENT G POL CY REVIEW •Goal:To Improve Financial Policies,Procedures,and Reports •Requirement:Annual Review INVESTMENT POLICY GUIDELINES A.California Government Code: ~Sections 53600 through 53692 B.Professional Finance Organizations: ~Government Finance Officers Association (GFOA) ~Association of Public Treasurers of the United States &Canade (APT US&C) ~California Municipal Treasurers Association (CMTA) ~California Society of Municipal Finan.ce Officers (CSMFO) INVESTMENT POLICY CERTIFICATION APT US&C Certificate of Excellence •"Nicely Written" •"One of the highest scores we've ever given" INVESTMENT CODE CHANGES •New Sections ~6.0:Ethics and Conflicts of Interest ~7.0:Authorized Financial Dealers &Institutions ~9.0:Investment Pools/Mutual Funds ~10.0:Collateralization ~13.0:Maximum Maturities ~14.0:Internal Control ~15.0:Performance Standards ~18.0:Glossary INVESTMENT CODE CHANGES •Deleted Investments ~C.Time Deposits,non negotiable and collateralized ~F.Collateralized Repurchase Agreements ------ STAFF REPORT AGENDA ITEM 6 TYPE MEETING:Regular Board SUBMITTED BY:Mark Watton, General Manager MEETING DATE: W.O./G.F.NO: September 6,2006 DIV.NO. APPROVED BY: (Chief) APPROVED BY: (Ass!.8M): SUBJECT:Water Conseration Garden Board Secretary Support GENERAL MANAGER'S RECOMMENDATION: That the Board approve a one time payment of $5,000 to the Water Conservation Garden (WCG)to provide funding for Board Secretary support. COMMITTEE ACTION: Please see Attachment A. PURPOSE: To present for board consideration the approval of a one time payment of $5,000 to the Water Conservation Garden to provide funding for Board Secretary support. ANALYSIS: The WCG has historically been supported financially and by the staff of the Otay Water District and Helix Water District.Over the years,this financial and staff support has been reduced to an annual contribution of $75,000 from Otay WD and Helix WD with Helix maintaining the logistical and staff support for the Board Secretary function. Helix indicates that they desire to terminate their support of the board secretary function to the WCG.The WCG approached the Otay WD and inquired if it intended to take over this function due to the fact that a District board member,Mark Robak,is the current President of the WCG.Otay does not have staff resources to support this function.In discussions with Ms. Eberhardt,it is proposed that Otay WD provide a one-time payment of $5000 to the WCG to retain support for the board secretary function.This will mitigate the cost of the WCG taking on this duty and allow a smooth budget transition It will also assist the WCG in becoming more self-supporting.It is anticipated that in future budget years,the WCG will fully fund this activity. FISCAL IMPACT~ This item was not budgeted in the FY07 operating budget.The District anticipates savings in the General Manager's "Outside Services"and Administration's "Travel"account that will offset this expenditure. lYLMh2<~~General Manager <: ATTACHMENT A SUBJECTIPROJECT:Water Conservation Garden Board Secretary Support COMMITTEE ACTION: The Finance and Administration Committee reviewed this item at a meeting held on August 21,2006.The committee supported staffs'recommendation and presentation to the full board. NOTE: The "Committee Action"is written in anticipation of the Committee moving the item forward for board approval.This report will be sent to the Board as a committee approved item, or modified to reflect any discussion or changes as directed from the committee prior to presentation to the full board. AGENDA ITEM 7 STAFF REPORT TYPE MEETING:Regular Board MEETING DATE: SUBMITTED BY:Patrick VaUghan~~W.O.lG.F.NO: Senior Civil Engineer APPROVED BY:Rod Posada,~"'o~o~~ (Chief) September 6,2006 aaOOO DIV.NO.1 1d1000 APPROVED BY: (Ass!.GM): SUBJECT: Chief,Development Services Manny Magafia~~ Assistant General M~;~~~,Engineering and Operations Request to Approve Agreement with Cricket Communications, Inc.,a Delaware Corporation,for the installation of a Communications Facility at the 485-1 Reservoir Site GENERAL MANAGER'S RECOMMENDATION: That the Board authorize the General Manager to execute an agreement with Cricket Communications,Inc.,a Delaware Corporation (Cricket)for the installation of a communications facility (Attachment 1),at the 485-1 Reservoir Site. See attached Exhibit A for project location. COMMITTEE ACTION: See Attachment A. PURPOSE: To obtain Board authorization for the General Manager to execute an agreement with Cricket that allows the installation of a communications facility at the 485-1 Reservoir Site.The agreement will grant Cricket 45 square feet of leased area and trench easements of right-of-way for access,power,and a communications facility. ANALYSIS: Cricket will be the fourth cellular provider locating its facilities on the 485-1 Reservoir Site.Currently Nextel and T- Mobile are the two cellular providers at this location The proposed wireless communication facility consists of the construction of an unmanned communications equipment,cabinets, three 14-foot antenna support poles,and the in~tallation of underground coaxial cable.The equipment and antenna's will be located within an area totaling 45 square feet of leased space. FISCAL IMPACT: The District will receive copies of construction drawings,all permits,and approvals by local regulatory agencies prior to granting permission to start construction Staff agrees with the design concept for the proposed facility construction. ~~./ The District will receive $2,266 per month in rent effective upon execution of the lease agreement for a period of five years,subject to an annual inflation adjustment of 3 percent. The tenant will have the option to extend the term for three additional five-year periods.Two additional five-year extensions may be granted at the District's discretion. An initial $2,000 payment toward the District's non-refundable administrative fee of $6,500 has been paid to reimburse the District for staff time to supervise and assist the tenant during the licensing and permitting phases;this fee is separate from rent.The remaining balance of $4,500 will be due and payable upon execution of this agreement by both parties to reimburse the District for costs to assist the tenant with planning,design,and construction phases of the project, including legal expenses. LEGAL IMPACT: The District's Lease Agreement has been reviewed by our legal counsel.District Counsel has been an integral part in the negotiations and construction of this agreement. STRATEGIC GOAL: This item is in line with the District's Strategic Focus Areas: Community and Governance,and Financial Health. General Manager Attachments C:\Outlook Temp\Cricket @ 485 1 Staff Report BD 9-6-06.doc 2 ATTACHMENT A .................................................HW••••••••••••H _•••; 1..__... r-S{j'BJECTjpRoJECT:'-'-r-Approvec~ii~i a~Leas·e·-·Ag~e·emeiJ.t···~i"th·C~icj~-e-t !Communications,Inc.,a Delaware Corporation,.for a newIfacilityatthe485-1 Reservoir Site. ••••••••••••••••••••••••••••H•••••••~••••••••~•••••••••1 _. COMMITTEE ACTION: The "Committee Action"is written in anticipation of the Committee moving the item forward for board approval.This report will be sent to the Board as a committee approved item, or modified to reflect any discussion or changes as directed from the committee prior to presentation to the full board. 3 ." :.. '".... .".... IMPERIAL BEACH GTAY WATER DISTRICT ci:..!--__o_T_A_Y_W_A_~E~_IEC=')~~(j:T:jjT~jj:iigT~'~~-;;U~:-8-1~-A_~I_oR~NE=SS=t~RT~vO~I~R~SI~TE~~~LOCATION MAP EXHIBIT A ATTACHMENT 1 AGREEMENT BETWEEN CRICKET COMMUNICATIONS,INC.,A DELAWARE CORPORATION AND OTAY WATER DISTRICT TO LOCATE A COMMUNICATIONS FACILITY AT OTAY'S 485-1 RESERVOIR SITE This Agreement ("Lease")is entered into a12d effective on the date specified in the signature page (the "Commencement Date"),by and between the Otay Water District,a municipal water district organized and operated pursuant to the Water Code Section 71000,et seq.("Otay"),and Cricket Communications,Inc.,a Delaware corporation ("Tenant").Any special terms or conditions agreed to by Otay and Tenant will be set forth on Exhibit A. A.Otay owns a site on which it has constructed water facilities known as the "485-1 Reservoir Site,"as depicted on Attachment A to Exhibit B (the "Reservoir Site"). B.Tenant has requested Otay to allow it to locate a communications facility and transmitting and receiving antennas at the Reservoir Site. For good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,Otay and Tenant agree as follows: 1.Premises.Otay owns the real property described in Attachment B to Exhibit B (the "Property").Otay agrees to lease to Tenant,for the installation of antennas and related telecommunications equipment,approximately 45 square feet of real property within the Property,as more particularly described on Attachment C to Exhibit B (the "Premises").A depiction ofthe Property and the Premises is attached hereto as Attachment D to Exhibit B. 2.Grant of Non-Exclusive Trench Easement(s).Otay has also agreed to grant a temporary non-exclusive easement to Tenant for certain portions of the Property,as legally Lease for Telecommunication Facilities D:081706 Page 1 of 19 described in Exhibit C to this Lease (the "Easement"),for the purpose of trenching and installation of the necessary utilities to operate Tenant's equipment.It is expressly agreed that any such Easement shall run concurrent with this Lease.Tenant agrees and understands that if the Lease is terminated or ceases to exist for any reason,the Easement shall not have any force or effect.Tenant agrees to return and maintain all portions of land subject to the Easement that are disturbed in connection with the installation,connection,maintenance,repair,access or any otherTenant activity,to their original condition at Tenant's sole cost and expense.. This easement shall be non-exclusive.Otay,or any other tenant of Otay may utilize the easement area for similar purposes or for any other purpose which does not interfere with Tenant's uses.Otay shall provide Tenant with advance notice of any intention to use the temporary easement area by Otay or any current or future tenant ofOtay. 3.Use of the Premises.The Premises may be used by Tenant only for the purpose of installing,constructing,housing,operating,maintaining and repairing approved telecommunication equipment,including appurtenant antennae and electronic equipment,as further described and conditioned in this Agreement (collectively,the "Facilities"),for the lawful provision ofcommunication services.Tenant may not sublease or sublicense any use or space of the Premises or the Facilities thereon except as otherwise provided in Paragraph 12,below. 4.Access.Otay shall provide access to Tenant,Tenant's employees,agents, contractors and subcontractors to the Premises 24 hours a day,seven days a week,at no charge to Tenant.Otay hereby grants to Tenant such rights of ingress and egress over the Property as may be necessary and consistent with the authorized use of the Premises as outlined by Otay Operations.Subject to Otay's reasonable rules,Otay shall permit Tenant's employees,agents, contractors,subcontractors and invitees to park vehicles on the Property as necessary and consistent with the authorized use ofthe Premises.Otay shall,at its expense,maintain all access Lease for Telecommunication Facilities D:081706 Page 2 of 19 roadways or driveways from the nearest public roadway to the Premises in a manner reasonably sufficient to allow access.In addition,Tenant shall obtain such permits,licenses or easements, from the owners of property adjoining the leased premises,as may be necessary for Tenant to have access to and from the leased Premises and also for access to utilities.Tenant shall provide copies ofthese documents to Otay prior to the start ofconstruction. 5.Term.The term of this Lease shall be five (5)years (the "Initial Term"), commencing on the Commencement Date.Tenant shall have the right to extend t~e term of the Lease for three (3)additional terms of five (5)years each by giving Otay written notice of its intention to do so at least 120 days prior to the date that the then current term would otherwise end (each,an "Extension Term").In addition,Tenant may request,in writing,two additional extensions of five (5)years each,which Otay may grant or deny at its sole discretion (each,an "Additional Term"and together with the Initial Term and Extension Term,or individually,as the context requires,the "Term").Each such request shall be made in writing no less than 120 days prior to the expiration of the then current Extension Term or Additional Term,as applicable. 6.Administrative Fee.Tenant,prior to entering on Otay Property to conduct its investigation ofthe Premises,shall provide Otay with a non-refundable administrative fee in the amount of TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00).This fee will defray Otay's costs associated with the supervision of and assistance with the Tenant's investigation and planning phases ofthe site selection. Additionally,upon final execution ofthe Agreement by both parties,Tenant shall provide Otay with a non-refundable administrative fee in the amount of FOUR THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($4,500.00).This amount shall be in addition to the administrative fee described above for entering on Otay Property to conduct investigation ofthe proposed Premises.This second administrative fee shall be used to defray Otay's administrative Lease for Telecommunication Facilities D:081706 Page 3 of 19 expenses and costs related to Otay's supervision and assistance with planning,design,and construction phases of the project,including legal expenses.These administrative fees shall not be considered rent or part ofthe rental installment. 7.Rent.Beginning on the earlier of (1)six months from the Commencement Date; or (2)the date'on which a local building permit is issued allowing Tenant to construct the Facilities (or any portion thereof)on the Premises (the "First Rent Payment Date"),Tenant shall pay Otay as rent the sum of $2,266 per month payable on the first day ofeach month in advance. However,at Tenant's election,Tenant may pay rent annually,in advance,if,at least 60 days prior to the Initial Term or an Extension Term,Tenant notifies the District,in writing,of its intent to pay its rent in annual payments during each year of the upcoming Extension Term or Additional Term.If the First Rent Payment Date is other than the first day of the calendar month,the rate shall be prorated for the first month ofthe Initial Term. The rent shall be increased on each calendar anniversary of the Commencement Date at a rate of three percent (3%)per annum.However,at the beginning of each Extension Term or Additional Term,if any,Otay may,at its sole and absolute discretion,choose to adjust the annual rent,effective on the first year of said Extension Term or Additional Term,by an amount equal to the greater of:(i)three percent (3%);or (ii)the amount necessary to ensure that the rent equals the amount it would have been if each annual increase during the previous Term had been calculated based on the average percentage increases in the consumer price index published by the United States Department of Labor,Bureau of Labor Statistics (1982-1984 = 100)(the "CPI")for "All Items -All Urban Consumers"for the San Diego Metropolitan Statistical Area for the immediately preceding 5 year period.Ifthe publication of the Consumer Price Index is discontinued,or if the Consumer Price Index is altered in some material manner, including changing the name of the index,the geographic area covered,the consumers or Lease for Telecommunication Facilities D:081706 Page 4 of 19 workers so included,or the base year,the Parties must use their reasonable best efforts to agree on a substitute index or procedure that reasonably reflects and monitors consumer prices.After such an adjustment,the rent shall increase at a rate of three percent (3%)per annum for the rest ofthe applicable Extension Term or Additional Term,ifany.Otay shall also have the discretion to adjust the base rent to then current market rent in the Additional Term if said market rent is greater than the CPI increase provided for in the above formula.The "then current market rent" shall be defined as the most recent rent transaction entered into by Otay with,other similar tenants for the same or similar purposes. 8.Environmental.Otay represents that to the best of its knowledge the Premises have not been used for the generation,storage,treatment or disposal ofhazardous materials other than those materials normally used by Otay for the treatment of water and that there is no hazardous waste on the Premises.Notwithstanding any other provision of this Lease,Tenant relies upon the representations stated herein as a material inducement for entering into this Lease.Tenant shall not bring any hazardous materials onto the Premises except for those contained in its back-up power facilities (e.g.lead-acid batteries and diesel fuel)and properly stored,reasonable quantities of common materials used in telecommunications operations (e.g. cleaning solvents).Tenant shall handle,store and dispose of all hazardous materials it brings onto the Premises in accordance with all federal,state and local laws and regulations ("Laws"). "Hazardous materials"means any substance,chemical,pollutant or waste that is presently identified as hazardous,toxic or dangerous under any applicable federal,state or local law or regulation and specifically includes,but is not limited to asbestos and asbestos containing materials,polychlorinated biphenyl's (PCBs)and petroleum or other fuels (including crude oil or any fraction or derivative thereof). Lease for Telecommunication Facilities D:081706 Page 5 of19 9.Installation and Maintenance of Facilities.Tenant is authorized to install, maintain and operate on the Premises only the Facilities described and depicted on Attachment A to Exhibit D;provided that all permits and zoning approvals shall have been obtained by Tenant. a.Installation ofthe Facilities.Tenant's design and installation of all portions of the Facilities shall be done according to plans approved by Otay,and such approval shall not be unreasonably withheld.The Tenant shall be responsible for painting its antennae and/or equipment to match Otay's facility.Otay will provide Tenant with specifications regarding paint type,color and application method to accomplish this requirement.Painting/coating submittals shall be provided to Otay by the Tenant prior to receiving permission to begin painting.Otay may specify a camouflage design if appropriate.These camouflage designs may include but are not limited to palm trees,pine trees and flag poles. b.Record Drawings.Within thirty (30)days after completion of the Facilities, Tenant shall provide Otay with "record"drawings of Facilities showing and identifying all the equipment and improvements installed on the Premises.Said drawings shall be accompanied by a complete and detailed inventory of all equipment,personal property and antennae located on the Premises and any such property of Tenant located in the Easement.No property of Tenant other than such identified property shall be located on the Premises or the Property at any time. Upon delivery of Tenant's record drawings,in form and content satisfactory to Otay,such drawings shall replace and supersede any similar drawings contained in any exhibit attached hereto. c.Alterations.Tenant shall not alter or change its Facilities in a material manner without the prior approval of Otay,such approval not to be unreasonably withheld. "Material"refers to any physical change that could affect the building or its appearance or any change that could disrupt Otay's workplace or communications.All of Tenant's construction Lease for Telecommunication Facilities D:081706 Page 6 of 19 and installation work shall be performed at Tenant's sole cost and expense in a good and workmanlike manner.Tenant shall have the right to remove all facilities it installs at its sole expense on or before the expiration or termination ofthis Lease. d.Improvements to Facilities /Additional Space.If,at any time during the Term,Tenant requests permission from Otay to add improvements requiring construction to its then existing Facilities,the then current Administrative Fees shall be payable to Otay for reimbursement for staff time to process the new request,construction inspection al,ld monitoring during construction.Ifthe requested Tenant improvements include additional lease space,a new lease agreement for the additional lease space must be executed prior to start of construction and Tenant shall pay the Administrative Fees then in effect,and shall comply with Otay's requirements then in effect.The administrative fees for the additional lease space shall be in addition to,and shall not replace the administrative fees for improvements requiring construction to the Facilities. e.Permits and Compliance with Applicable Laws.Prior to commencing any construction or improvements,and from time to time,as applicable,Tenant agrees to obtain all necessary approvals for its communications operations and for the Facilities and to operate and maintain the same,at all times in accordance with all applicable laws,rules and regulations. 1.Prior to commencing construction,Tenant shall deliver to Otay copies of all executed licenses,approvals and permits required by local,state or federal agency in connection with the Facilities,which permits shall be attached hereto as Attachment B to Exhibit D. 11.From time to time,as required by law or regulation in connection with the normal operation of the Facilities or as needed due to improvements or alterations to the same,Tenant shall provide Otay with copies ofupdated permits, Lease for Telecommunication Facilities D:081706 Page 7 of19 f.Utilities.Tenant shall be authorized to install utilities for the Premises and the Facilities at Tenant's expense and to improve the present utilities on or near the Premises (including,but not limited to the installation of an emergency back-up power)subject to Otay's approval of the location,which approval shall not be unreasonably withheld.Tenant shall fully and promptly pay for all utilities furnished to the Premises for the use,operation and maintenance ofTenant's facilities. g.Repair ofOtay 's Improvements.Any damage done to Otay's improvement on the property during installation and/or during operations caused by Tenant or in connection with installation operation shall be repaired or replaced immediately at Tenant's expense and to Otay's reasonable satisfaction.In connection with the installation and operation ofthe antennae facilities,Tenant shall not locate or attach any antennae or other equipment to Otay's facilities without the prior written approval of Otay.Tenant shall pay all costs and expenses in relation to maintaining the integrity of Otay's facilities in connection with Tenant's installation and operation ofthe antennae facilities. Lease for Telecommunication Facilities D:081706 Page 8 of 19 h.Maintenance and Repair.At all time during the Term,Tenant shall maintain the Premises and the Facilities in a manner acceptable to Otay.Tenants use of its facilities shall not interfere with Otay's operation of its improvements. 1.Liens.Tenant shall not encumber or allow the Premises or the Property to be encumbered in any manner other than as expressly authorized herein. J.Security.Tenant recognizes and agrees that the Premises and the Reservoir Site are a sensitive area.Tenant agrees to provide for the proper supervision .of all Tenant personnel assigned to enter and do work at the Premises.Tenant also agrees to,at its own cost and expense,comply with any and all security measures instituted by Otay from time to time. 10.Maintenance and Repair of Otay's Improvements.At any time during the Term, or while this Lease remains in effect,Otay may,at its option and upon One Hundred Twenty (120)days prior written notice to Tenant,remove or cause Tenant to remove all or any portion of its Facilities at Tenant's expense,in order for Otay to paint,repair,or make replacements to its improvements on the Premises (the "Maintenance Work"),as deemed necessary by Otay in its sole discretion.Tenant agrees to fully cooperate with Otay's efforts in connection with any Maintenance Work,including removing and re-installing any portion of the Facilities identified by Otay to be removed. a.Temporary Facilities.During the course of the Maintenance Work,Tenant may install temporary antennae,at Tenant's expense,on the leased Premises subject to Otay's approval of the location.Once the Maintenance Work is completed by Otay,Tenant agrees to promptly dismantle any temporary facilities and to relocate the facilities to their original location or to any other location approved by Otay,as appropriate.All work related to the removal of any portion of the Facilities,installation of temporary facilities,dismantling,relocation to their Lease for Telecommunication Facilities D:081706 Page 9 of19 original location and any related work,shall be done at Tenant's sole cost and expense and in good and workmanlike manner. b.Repair of damage.Tenant shall repair any damage caused by Tenant in connection with the installation,maintenance,operation or removal of any temporary facilities or the Facilities. c.Otay's option to remove temporary facilities.If any temporary antennae is not removed within thirty (30)days from the date the Maintenance Work is comple,ted,Otay will have the right to remove the temporary antennae and charge Tenant for such costs. d.Painting ofthe Facilities.Ifthe Maintenance Work includes the painting of Otay's improvements,the Tenant shall be responsible for repainting its antennas and/or equipment to match Otay's facility.Otay will provide specifications regarding paint type,color and application method to the Tenant to accomplish this requirement.The Tenant will be required to provide painting/coating submittals to Otay prior to receiving permission to begin painting.Subject to Otay's prior written consent,Tenant may substitute an alternate paint type and application method if it reasonably determines that Otay's selection will adversely affect or otherwise degrade Tenant's wireless signal from the Reservoir Site. 11.Co-Location.Tenant agrees that Otay may enter into leases with other communication carriers,wireless communications carriers and other utilities for use of any portion ofthe "Reservoir Site"as long as said leases do not result in unreasonable interference with Tenant's use of or access to the Premises.Tenant will reasonably cooperate with Otay's efforts in this regard including,at Otay's request,the relocation of,or changes to,the Facilities; provided that any alterations or relocation needed to accommodate the new lessee shall be performed at the expense ofOtay or the new lessee. Lease for Telecommunication Facilities D:081706 Page 10 of 19 12.Subleasing/Encumbrance.Tenant may not sub-lease or sub-license or otherwise encumber the Premises or any portion of the Facilities without Otay's prior written consent, which may be granted or denied at Otay's sole discretion.Any sub-lease or other encumbrance will require an amendment to this Lease and shall specifythe terms and conditions for the sub- lease or other encumbrance. 13.Condition of the Property at Expiration or Termination.Upon the expiration or termination of this Lease as herein provided,Tenant shall surrender the Premises,and any Easements granted by Otay in connection with this Lease,to Otay in good and broom-clean condition,with all portions of the Facilities,including but not limited to equipment,supplies, buried conduits,and structures removed along with subterranean foundations to a depth of three feet below grade;or as otherwise agreed to by Otay in writing. 14.Interference.Tenant shall not use,nor shall Tenant permit its agents or invitees to use any portion of the Premises in a manner which interferes with Otay's use of the Reservoir Site for it's intended purpose including communications facilities relating to Otay's operation such as telemetry/radio communications or any other pre-existing communications facilities. This would not apply to interference with a tenant of Otay whose use did not "pre-exist"this lease;except as agreed to by Tenant in connection with the co-location of any subsequent tenant's facilities.If Tenant's operation in any way interferes with Otay's telemetry/radio facilities,Tenant will have five (5)business days to correct the problem after notice from Otay. Tenant acknowledges that continuing interference will cause irreparable injury to Otay and, therefore,Otay will have the right to terminate the Lease immediately upon notice to Tenant. 15.Taxes.During the term of this Lease,Tenant shall pay before delinquency all taxes,assessments,license fees,and any other charge of any type whatsoever that are levied, Lease for Telecommunication Facilities D:081706 Page 11 of19 assessed,charged,or imposed on or against Tenant's personal property installed or located in or on the leased premises and that become payable during the term ofthis Lease. 16.Termination. (a)This Lease may be terminated by Tenant without further liability if: (i)Tenant delivers to Otay 30-day written notice at any time prior to the Commencement Date,for any reason or no reason; (ii)Tenant gives Otay six months notice when Tenant determin~s at any time after the Commencement Date that any governmental or non-governmental license,permit, consent,approval,easement or restriction waiver that is necessary to enable Tenant to install or operate Tenant's facility cannot be obtained or renewed at reasonable expense or in reasonable time period. (iii)Tenant determines at any time after the Commencement Date that the Premises are not appropriate or suitable for its operations for economic,environmental or technological reasons,including without limitation,any ruling or directive of the FCC or other governmental or regulatory agency,or problems with signal strength or interference not encompassed by subsection (iv)below;provided that the right to terminate under this subsection (iii)is exercisable only if Tenant pays Otay,as a termination fee,the lesser of twelve monthly installments ofannual rent or the balance ofthe rent due for the remaining term ofthis Lease; (iv)Otay commits a default under this Lease and fails to cure such default within a 30-day notice period,provided that ifthe period to diligently cure takes longer than 30 days and Otay commences to cure the default within the 30-day notice period,then Otay shall have such additional time as shall be reasonably necessary to diligently effect a complete cure; (v)The Premises are totally or partially destroyed by fire or other casualty so as to hinder Tenant's normal operations and Otay does not provide to Tenant within ten (10) Lease for Telecommunication Facilities D:081706 Page 12 of 19 days after the casualty occurs a suitable temporary relocation site for Tenant's facility pending repair and restoration ofthe Premises. (b)This Lease may be terminated by Otay without further liability if: (i)Tenant commits a default under this Lease and fails to cure such default as provided under paragraph 17,below. 17.Default. a.Event ofDefault.The parties covenant and agree that a defa~lt or breach of this Lease (an "Event of Default")shall occur and be deemed to exist if,after notice and opportunity to cure as provided below: (i)Tenant shall default in the payment of rent or other payments hereunder and said default shall continue for ten (10)days after Otay provides written notice ofthe same;or (ii)Either party shall default in the performance or observance of any other covenant or condition of this Lease to be performed or observed if such failure persists for a period ofthirty (30)days after the non-defaulting party provides written notice of the default to the defaulting party. b.Rights upon Default.Upon the occurrence of an Event of Default,in addition to any other rights or remedies available to the non-defaulting party under any law,the non-defaulting party shall have the right to terminate the Lease. c.Cure Rights.An Event of Default shall not exist unless written notice has been given in accordance with this Lease,and the defaulting party has had the opportunity to cure as provided herein.The defaulting party shall cure the alleged default within the manner provided herein;provided however,that ifthe nature of an alleged default is such that it can not reasonably be cured within such thirty (30)day period,the defaulting party shall not be in breach Lease for Telecommunication Facilities D:081706 Page 13 of 19 ofthis Lease if it commences a cure within such period,and thereafter diligently proceeds with the actions necessary to complete such cure. 18.Destruction of Premises.If the Premises or the Facilities are destroyed or damaged,Tenant may elect to terminate this Lease as ofthe date ofthe damage or destruction by so notifying Otay no more than thirty (30)days following the date of damage or destruction, provided Otay does not provide to Tenant,within ten (10)days after the casualty occurs,a suitable temporary relocation site for Tenant's facility pending repair and restqration of the Premises. 19.Condemnation.If the condemning authority takes all the Property or a portion which in Tenant's opinion is sufficient to render the Premises unsuitable for Tenant's use,then this Lease shall terminate as of the date when possession is delivered to the condemning authority.In the event of any taking under the power of eminent domain,Tenant shall not be entitled to any portion of the award paid for the taking and Otay shall receive the full amount of such award except as provided herein.Tenant hereby expressly waives any right or claim to any portion of a condemnation award,except for relocation benefits and goodwill.All other damages,whether awarded as compensation for diminution in value ofthe leasehold or to the fee of the Premises,shall belong to Otay. 20.Insurance.Tenant shall maintain the following insurance: a.Commercial general liability with limits of$5,000,000 per occurrence which may be satisfied by a primary policy with a limit of no less than $2,000,000 and an umbrella policy of excess liability in the amount ofno less than $5,000,000; b.Automobile liability with the combined single limit of $1,000,000 per accident; c.Worker's compensation,as required by law; Lease for Telecommunication Facilities D:081706 Page 14 of 19 d.Employer's liability with limits of $1,000,000 per occurrence. Tenant shall include Otay as an additional insured on each of the aforementioned insurance policies and the policies shall state that they are primary and that any policies Otay maintains shall be noncontributory.Tenant shall provide Otay with written certificates of insurance evidencing such coverage.Said policies shall expressly provide that the policies shall not be canceled or altered without at least thirty (30)days prior written notice to Otay.Said policies shall bewith insurance companies with an A.M.Best rating ofAVII or bet,ter. Otay takes no responsibility for the protection of Tenant's property from acts of vandalism by third parties.The insurance requirements may be changed by Otay upon giving of notice to Tenant;provided that the requirements set forth above shall be the minimum insurance requirements during the Term. 21.Indemnity.Tenant shall hold harmless,indemnify and defend Otay and each of Otay's directors,officers,managers,employees,agents and successors and assigns,from any and all claims,suits or actions of any kind and description brought forth on account of injuries to or death to any person or damage to any property,including damage to the Premises arising out of or related to its use of the Premises,except to the extent that such claims,suits or actions arise out ofthe sole negligence or willful misconduct ofOtay. 22.Estoppel Certificate.Tenant shall,at any time and from time to time upon not less than thirty (30)days prior request by Otay,deliver to Otay a statement in writing certifying that (a)the Lease is unmodified and in full force (or if there have been modifications,that the Lease is in full force as modified and identifying the modifications;(b)the dates to which rent and other charges have been paid;(c)as far as the person making the certificate knows,Otay is or is not in default under any provisions of the Lease;and (d)such other matters as Otay may reasonably request. Lease for Telecommunication Facilities D:08l706 Page 15 of19 23.Assignment.Tenant shall not assi&n this Lease except to an affiliated parent entity,subsidiary,purchaser of assets,or holder of its FCC license,without Otay's prior written consent.If,during the tenn of this Lease,Tenant requests the written consent of Otay to any assignment,Otay's consent thereto shall not unreasonably be withheld.Consent to one assignment shall not be deemed to be a consent to any subsequent assignment,and any subsequent assignment without Otay's consent shall be void and shall,at Otay's option, tenninate this Lease. 24.Memorandum of Lease.If requested by Tenant,Otay agrees to promptly execute and deliver to Tenant a recordable Memorandum of Lease substantially in the fonn ofExhibit E. 25.Resolution of Disputes.All controversies or claims arising out of or relating to this Lease shall be resolved by submission to final and binding arbitration at the offices of the American Arbitration Association ("AAA")located in San Diego,California.Such arbitration shall be conducted in accordance with the most recent version of the AAA commercial arbitration rules. 26.Choice ofLaw and Venue.This Lease shall be interpreted in accordance with the laws of the State of California,and any disputes shall be heard in a court of competent jurisdiction in the State ofCalifornia. 27.Attorney's Fees.In the event that either party commences any legal action or proceeding,including an action for declaratory relief,against the other by reason of the alleged failure of the other to perfonn or keep any tenn,covenant,or condition ofthis Lease,the party prevailing in said action or proceeding shall be entitled to recover,in addition to court costs, reasonable attorneys'fees to be fixed by the court,and such recovery shall include court costs and attorneys'fees on appeal. Lease for Telecommunication Facilities D:081706 Page 16 of19 28.Entire Agreement.This Lease contains all agreements,promIses and understandings between Otay and Tenant and no verbal or oral agreements,promises or understandings shall or will be binding upon either Otay or Tenant and any addition,variation or modification to this Lease shall be in effect unless made in writing and signed by the parties hereto. 29.Incorporation of Exhibits and Recitals.All exhibits and attachments attached to this Lease and all Recitals above are incorporated and made a part hereof as if ,fully set forth herein. 30.Severability.If any term or condition of this Agreement is found unenforceable, the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein.However,if the invalid,illegal or unenforceable provISIOn materially affects this Agreement then the Agreement may be terminated by either party on ten (10)days prior written notice to the other party hereto. 31.Waiver.Waiver of any provision or term of this Agreement,or of any breach or default hereunder,shall not constitute a waiver of any other term,condition,breach or default,or of a subsequent applicability of a term or condition,or a waiver of a subsequent breach or default,nor shall it constitute an amendment to the term,condition or provision that is waived. 32.Notice.All notices,requests,demands and communications hereunder will be given by first class certified or registered mail,return receipt requested,or by a nationally recognized overnight courier,postage prepaid,to be effective when properly sent and received, refused or returned undelivered.Notices may be given by facsimile if proof of transmission is retained.Notices shall be sent to the addresses set forth below: Lease for Telecommunication Facilities D:081706 Page 17 of19 OTAY: TENANT: With a copy to: Otay Water District Attn:General Manager 2554 Sweetwater Springs Boulevard Spring Valley,CA 91978-2096 Phone:(619)670-2210 Fax:(619)660-0829 Cricket Communications,Inc. Attn:Property Manager 10307 Pacific Center Court San Diego,CA 92121 Phone:(858)882-6306 Fax:(858)622-0107 Cricket Communications,Inc. Attn:Legal Department 10307 Pacific Center Court San Diego,CA 92121 Phone:(858)882-6288 Fax:(858)882-6080 33.Corporate Authority.The persons executing this Agreement on behalf of the parties hereto warrant that (i)such party is duly organized and existing,(ii)they are duly authorized to execute and deliver this Agreement on behalf of said party,(iii)by so executing this Agreement,such party is formally bound to the provisions of this Agreement,and (iv)the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.THE SIGNATURE PAGE FOLLOWS.] Lease for Telecommunication Facilities D:081706 Page 18 of 19 IN WITNESS WHEREOF,the parties have executed this Lease as of the __day of _____,2006.This date is referred to as the Commencement Date in the Lease. CRICKET COMMUNICATIONS,INC., A Delaware corporation By: Name:Anthony G.Benyola Its:Regional Network Director,Western Region OTAY WATER DISTRICT 2554 Sweetwater Springs Blvd. Spring Valley,CA 91979 Mark Watton General Manager By: Name:------"===-..:...:....=:==------- Its: Approved as to Form: Aerobel Banuelos Assistant General Counsel Lease for Telecommunication Facilities D:081706 Page 19 of19 ADDED TO CRICKET DELAWARE TO LOCATE OTAY'S 485-1 ___(THE A EXHIBIT A SPECIAL TERMS AND CONDITIONS AGREEMENT BETWEEN COMMUNICATIONS,INC., CORPORATION AND OTAY COMMUNICATION FACILITIES AT RESERVOIR SITE,DATED _ "LEASE") If any terms or conditions set forth herein contradict terms or conditions of the Lease to which this Exhibit is attached,as described above,the terms and conditions ofthis Exhibit shall control. SPECIAL TERMS AND CONDITIONS 1.Landscaping and Maintenance.The installation,pennitting,maintenance and upkeep, and all expenses or other obligations related thereto,in connection with any and all landscaping and irrigation systems mandated by the pennitting agencies will be the sole responsibility ofthe Tenant.Otay Water District makes no commitment for delivery of water for said landscaping, except ifTenant obtains a water meter for the site and pays for water use. 2.Rent.At Tenant's election,subject to prior written notice as set forth in the Lease, Tenant may pay rent annually,in advance during each of the five-years of the Initial Tenn or during each of the five years in any Extension Tenn.Once the Initial Term or Extension Tenn, as applicable,has commenced,Tenant may not alter its election to pay monthly or annually. 3.Tenant's Financing.Notwithstanding anything to the contrary contained in this Lease, Tenant may assign,mortgage,pledge,hypothecate or otherwise transfer without prior notice or consent its interest in this Lease to any financing entity,or agent on behalf of any financing entity to whom Tenant (i)has obligations for borrowed money or in respect ofguaranties thereof, (ii)has obligations evidenced by bonds,debentures,notes or similar instruments,or (iii)has obligations under or with respect to letters ofcredit,bankers acceptances and similar facilities or in respect of guaranties thereof;provided that no such assignment shall become binding on Otay until written notification is given by Tenant to Otay as provided in the Lease.A "financing entity"as used herein,does not include any entity which primary business is not that ofbanking, finance,lending or investing funds and does not include any entity whose primary business is telecommunications. a.Waiver of Otay's Lien.With respect to any such financing entity,Otay waives any lien rights it may have concerning the Facilities,which is deemed Tenant's personal property and not fixtures attached to the Property and Tenant or,if appropriate,the financing entity has the right to remove the same at any time without Otay's consent.The financing entity shall not have the right to operate the Facilities without Otay's prior written consent,which may be denied if the financing entity does not meet the definition of financing entity above. Lease for Telecommunication Facilities Exhibit A -page I b.Collateral.Tenant may enter into a financing arrangement including promissory notes and financial and security agreements for the financing of the Facilities ("Collateral")with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities).In connection therewith,Otay (i)consents to the installation of the Collateral;(ii)disclaims any interest in the Collateral,as fixtures or otherwise;and (iii)agrees that the Collateral shall be exempt from execution,foreclosure,sale,levy,attachment,or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. c.Disposition of Collateral.Notwithstanding paragraphs a.and b.,above,if Tenant fails to remove the Collateral,or any component thereof,within five (5) days ofthe termination ofthis Lease,said failure shall constitute an abandonment. Ifthereafter,Tenant or any holder ofCollateral,lender or assignee,whether or not notification was provided to Otay,fails to claim and remove the same,within thirty (30)calendar days of the date of termination of this Lease,Otay is hereby specifically authorized to remove and dispose of the Collateral,or any component thereof,so abandoned at Tenant's sole cost and expense and without incurring any liability to Tenant,or any lender with any interest in all or any part of the Collateral,or any assignee ofthis Lease. d.No privity or obligation.Otay does not have privity with any financing entity and specifically disclaims any obligation to any such entity,including any obligation to provide copies of any notices of default or right to cure under the Lease. Lease for Telecommunication Facilities Exhibit A -page 2 EXHIBITB CRICKET DELAWARE TO LOCATE AT OTAY'S 485-1 ___(THE TO AGREEMENT BETWEEN COMMUNICATIONS,INC.A CORPORATION AND OTAY COMMUNICATION FACILITIES RESERVOIR SITE,DATED _ "LEASE") List of Attachments to Exhibit B: ATTACHMENT A.DEPICTION OF RESERVOIR FACILITIES ATTACMENT B.LEGAL DESCRIPTION OF THE PROPERTY ATTACHMENT C.LEGAL DESCRIPTION OF THE PREMISES ATTACHMENT D.DEPICTION OF THE PROPERTY AND PREMISES Lease for Telecommunication Facilities Exhibit B ~page 1 .., ;..t'"... ."...ELCAJON 0 '".., ;.. ~ IMPERIAL BEACH Tijuana Estuary \----~- VICINITY MAP ~~~~""~_~~""...,..,~u ~-}''''Y~~~~~~~'-~~....-~.....~..,.. lL_---!....._~~~~dMAP ATTACHMENT A EXHmITB Al'TACHMENT B SITE LEGAL DESCRIPTION OTAY WATER DlST.RICT #485-1 CRICKET COMMUNICAnONS SAN-733-A 996 ,EAST "H"STREET CHULA VISTA,CA 91910 THE LAND REFERRED TO HEREIN IS SlTUATED IN THE STATE OF CALIFORNIA,COUNTY OF SAN DIEGO,DESCRmED AS FOLLOWS: LOT 16 OF CHULA VISTA TRACT NO.90-02,RANCHO DEL REV SPA rrr, MASTER FINAL MAP,IN THE CITY OF CHULA VISTA,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO THE MAP THEREOF NO.13176,Hum IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 14,1994. ~£J,d~-------------Charles W.Christensen,ReB 8195 IN 2006-76 08/18/06 Date EXHmITB ATTACHMENT C PROPOSED EQUIPMENTIANTENNA EASEMENT OTAY WATER DISTRICT #485-1. CRICKET COMMUNICAnONS SAN-733-A 996 EAST "HI!STREET CHULA VISTA,CA 91910 A PROPOSED EQUIPMENT EASEMENT LYING WITHIN A PORTTON OF LOT 16 OF CHULA VISTA TRACT NO.90-02,RANCHO DEL REY SPA TTl,MASTER FlNAL MAP,IN THE CITY OF CHULA VISTA,COUNTY OF SAN DIEGO,STATE OF CALifORNIA,ACCORDING TO THE MAP THEREOF NO.13176,FILED IN THE OFFTCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,DECEMBER 14, 1994,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 16;THENCE SOUTH 77°28'50"WEST,228.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 11 °47'23"EAST,12.00 FEET;THENCE SOUTH 78°12'37"WEST, 10.00 FEETj THENCE NORTH 11°47'23"WEST,12.00 FEET;THENCE NORTH 78°12'37"EAST,10.00 FEET TO THE TRUE'POINT OF BEGINNING. SAID PROPOSED EASEMENT CONTAINING APPROXiMATELY 120 SQUARE FEET,MORE ORR LESS. ANTF.NNAJ~ASEMEm PROPOSED ANTENNA EASEMENTS LYING WITHIN A PORTION OF LOT 16 OF CHULA VISTA TRACT NO.90-02,RANCHO DEL REY SPA In,MASTER FINAL MAP,IN THE CITY OF CHULA VISTA,COUNTY OF SAN DIEGO,STATE OF CAUFORNJA,ACCORDING TO THE MAP THEREOF NO.13176,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,DECEMBER 14, 1994,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PROPOSED ANTENNA EASEMENT A: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 16;THENCE NORTH 85°39'59"WEST,242.91 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°00'00"WEST,3.00 FEET;THENCE SOUTH 90°00'00"WEST, 3.00 FEET;THENCE NORTH 00°00'00"EAST,3.00 FEET;THENCE NORTH 90°00'00"EAST,3.00 FEET TO THE TRUE POINT OF BEGINNING.SAID PROPOSED EASEMENT CONTAINING APPROXIMATELY 9 SQUARE FEET, MORE OR LESS. _~~.._l..,_..;".,~'"',~_.,~-.--. PROPOSED ANTENNA EASEMENT B: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 16;THENCE SOUTH 41°32'28"WEST,tt2.17 FEET TO THE TRUE A POINT OF BEGINNING; THENCE SOUTH 00°00'00"WEST,3.00 FEET;THENCE SOUTH 90°00'00"WEST, 3.00 FEET;THENCE NORTH 00°00'00"EAST,3.00 FEET;THENCE NORTfl 90°00'00"EAST,3.00 FEET TO THE TRUE POINT OF BEGINNING.SAID -B=~~ PREPARED FOR Al\CHIHCTUI\E n PlANNING Io/ILlI"'f'I MDOOl"A(J.CH1HCT "'ODUI I lUllflU A"'(ltlltCT PO 110,1:46$\CAlHSlIAb CA.~~OH (760)U4,,6H4 ======::====== EXHIBIT D ATTACHMENT A• MAR 1 {}2006 RECEIVED OTAY WATER DISTRICT 485-1 RESERVOIR 996 EAST H STREET CHULA VISTA,CA 9~910 SAN-733-A SITE 6160 CORNERSTONE COURT,SUITE 150 SAN OIEGO,CA 92121 ===..==== APPROVALS (CWWW ©fP «;~~U.\i]~1i'~ OOu~~~~@ ~~(QlOOUU\1@ OOIPJ'iJ: R.F. ZONING DATE DATE CONSTRUCTION DATE SITE ACOUISITION DATE ===::===VICINITY MAP CONSULTANT TEAM PROJECT SUMMARY SHEET SCHEDULE OWNER APPROVAL DATE LEGAL DESCRIPTION: NOTE: THERE ARE CURRENTLY THREE EXISTING TELECOMIIUNICATlONS FACILITIES ON THE SITE.(NExTEL.T-MOBILE I:YERlZON) T-1 PROJECT NUMBER SAN-733-A 996 EAST H STREET CHULA VISTA.CA 91910 SAN DIEGO COUNTY TITLE SHEET & PROJECT DATA PROJECTS\erickel\SAN733zd\SAN733zTl.dwg SHEET TITLE DRAWING OATES 12/14/05 PREUM Ie REYIEW (AD) 01/05/06 .FINAL 20 REVIEW (AA) 01/27/06 SUBMITTAL SET (rew) 03/07/06 OWNER COMMENTS (,"w) 03/06/06 OWNER COMMENTS (jab) PROJECT NAME OTAY WATER DISTRICT @ 971 ======1======= ===::=== ======::====== ====::==== APPLICABLE CODES ALL WORK SHALL COMPLY WITH THE FOLLllWlNG APPUCASLE CODES: CAUFORNIA STATE BUILIlING CODE,200'EDITION,mLE 24 UNIFORM BUILDING CODE.200'EDmON UNIFORM PLUMBING CODE,200'EDmON UNIFORM MECHANICAL COD£,20Dl EDmON NATIONAL ELECTRICAl.CODE,2001 EDmON IN THE EVENT OF CONFUCT,THE MOST RESTRICTIVE CODE SHALL.PREVAIL T-1 TITLE SHEET I:PROJECT DATA A-O SITE PLAN "GENERAL SPECIFICATIONS A-1 EQI/IPMENT I'l.AH I;ELEVATION A-2 EXTERIOR ELEVATIONS A-3 EXTERIOR ELEVATIONS 3B,9BO.9 SF=0,91 ACRE5 70 SF TYPE Y.NON-HATEDUHSPRINKLERED NONE PROPOSED PROJECT AREA: TYPE OF"CONSTRUCTION' PROPOSED OCCUPANC~ ASSESSORS PARCEL NUMBER: EXISTING ZONING: TOTAL SITE AREA: AppucANT: OWNER: LOT 16 OF CHULA YlSTA TRACT NO.90-02,RANCHO DEL RETSPARI,IlASTERnHAL NAP,IN THE CITY OF CHULA VlST.... COUNTY OF SAN 1lItG0;STATE OF CAUFORNIA,ACCORDING TO MAP THEREOF NO.13176,FILED IN THE omeE OF THE COUNTYRECORDEROFSANDlEGOCOUNTY,DECEMBER ,4,1994 PROJECT ADDRESS,996 EAST H STREET CHULA VISTA,CA 919'0 640-050-33 PC PLANNED COMMUNITY CRICKET COMMUNICATIONS 6'60 CORNERSTONE COURT,STE.'50 SAN DIEGO,CA 92'21 cONTACT,DAVID PUTHAN (9:!5)J24-5360 OTAY WATtR DISTRICT .2554 SWEETWATER SPRINGS BOULEVARD .SPRING YAU!Y,CA 91978 CONTACT,DAN KJONEGMRD (6i9)67lH269 PROJECT DES~RIP1l0N: •INSTALlATION oI"A'!)INGLETEL£COIolMUNICATIONS CASINET011ANEWRAISEDSTEELPLATFORIIONGRAD[ •INSTALlATION oF THRq ANTENNA SECTORS OF ONE ANTENNA~sr:o,*~Jp~NAS)MOUNTED ON 6"DIAMETER • •INSTALlATION OF..A H!:W 200 AIIP ELECTRIGAL SERVICE FROMANEWELECTRICAl.TtlAHSFORMER TO REPlACE AN EXISTINGTRANSFOfllllER..' •IHSTALlA'iloN OF A IIEW TELCO SERVICE CONNECTION FROMEXISTINGmcoPEDE5TAl'. •NO LAHOSc»E OR IRftIGATION IS PLANNED'FOR THIS PROJECT STRUCTURAL CONSULTANT: ALEX 8ROWN ENGINEERING 935 OUlNAlol COURT ENCINITAS,CA 82024 (760)84J-7866 (760)94J-7866 (FAX) SITE ACQUISITION: MERIDiAN TEL£COM,INC. 6160 CORNERSTONE COURT,SUITE 150 SAN DIEGO,CA 92121 CONTACT'SUZANNE IIART1ICAS (858)521-0240 (858)m-3518 (FAX) LAND USE PLANNER: MERIDiAN TEL£COII,INC. 8160 CORNERSTONE COURT,5UITE 150 SAN DIEGO,Cot.92121 CONTACT,FRANKUN OROICO (6'9)632-2569 (858)m-J518 (FAX) ELECTRICAL CONSULTANT: WALTtR D.CAMP,ELECTRICAL ENGINEER,PE 1880 SHEEP RANCH LOOP CHUlA VIST....CA 919IJ (6'9)9J4-1815 ARCHITECT: WlWAIol BOOTH "ROBERT SUAREZ ARCHITECTURE "PLANNINGP.O.BOX _, tiRLssAD,CA B2018 (760)4J4-lI474 (760)4J4-8596 (FAX) \I1A MAR AZUL PASEO RANCHERO \I1A TERACINA COORDINATES (NAD 83): LATITUDE:Jr J8'6.~S"HORTH LONGItUDE:I ,7"01'8.93S"WEST THOMAS GUIQE PAGE:1310-J6 ADDRESS: 996 EAST N STREETCHULAVlST....CA 81910 ACCESSIBILITY DISCLAIMER THIS PROJECT IS AN UNOCCUPIED WIRELESS PCS TELECOMMUNICATIONS FACIUTY AND,ACCORDING TO WRITTENINTERPRETATIONFROMTHECAUFORNIADEPARTMENTOFTHE STATEARCHITECT,IS EXEMPT FROM DISABLED ACGESS REQUIREMENTS. ..~ GENERAL SPECIFICATIONS COIll'UTD.y 2:.THIS rACUtY IS m~PCS 1UECOU.WHICATlOHS SITEAHOIS£XBIf'T FROM DISABLED I«ESSReOUIRENENIS. DATE DATE DATE DATE DATE Ploll NNtNGo...Ar~CHtHCTURE DRAWING DATES 12/14/05 PREll'"ZO REVIEW (AD) 01/05/06 fiNAL 20 REVIEW (M) 01/27/06 SUBMITIAL SET ('ow) 03/07/06 OWNER CO~MENTS (rew) 03/0B/06 OWNER COMMENTS Gab) APPROVALS SHEET TITLE UILlI~l'I tI D00111 ~1IC.llrlEc.'f\OUEIIT j 5U~II(1 MICHI1(Cl PO DOA .tSI CAIIl5UAD.c'<:9~Ole (760).H.&V( A-O PROJECT NAME OWNER APPROVAL PREPARED FOR 6160 CORNERSTONE COURT,SUITE 150 SAN DIEGO,CA 92121 DTAY WATER DISTRICT @ 971 996 EAST H STREET CHULA VISTA,CA 91910 SAN DIEGO COUNTY PROJECT NUMBER :===== PROJECTS\crickel\SAN733zd\SAN733zAO.dwg SAN-733-A SITE ACQUISITION CONSTRUCTION ZONING R.F. SITE PLAN & GENERAL SPECIFICATIONS =======::======== =======::======== ======== =======::======== ===..==== ===..==== If.THE eotmw;TQR SHALL E IIESPON5B.E Fa!:11£CIU'l£1't!EaRJY·1FTHE PRIlJECT!ilTE MaE tHE .QI15 .,PRCICR£:SS:"~.XJIl lSiCCM'lmDNIl H:UPlED I'l'CHCIC£T 20.mE COHrfttCTOR SWl.f'RCMX 1DIF"ORM'r'1MTER.POWERIH)TDlET Fa.IIES IS REI:URED IJY1lE PROPERtY OWNER.CIIIICtCD'~IMJ 11£an'OR CCMJNtg 1COK1t. 21.THE I~ PflC)PIUETARYINf'OIlMA.T1ON to.nt'£CClHIIWmJRSIWJ.0STAti ,tM)PAY FOR fIEftYITS,LaMSGANDIHSP£C1IONS HE:CESsNrt'FOR ~OFTHE:WORKIHJIHa.1J)E1HOSE IN 11£COST Ofn£WORK TO a.:::M£r--11.tHE 24.tHE ~r:oHTRACTOR uusr f'£Rf'ORt,t WORK DlIFdHI;F'ROPERri CJtrmER'S flREfING·HOURS TO 0\\101I DCSR!.PTlOH OF""""'-1CIMrt.a ALL EllPOsEn WffAL ItW.L.IE:1tOT-Df'PO)M..'iNlZm. H.~~":"r~~~~~fIfTH~TERAnNO fOR 11£ASSEWElLY 'IIltERE ~'I)l)KS tR:oA.IMnl)fW.ROOf'INGi t.oHnw:I'ORs ~D"tWtE trJEIK\TDW..CEHmI~.~~.soot100 ~SKE.T IIDAL".,All cotIHnOtIHC CONrRNmlRS--4201 lNAYmE CENTER DflIYE'QWfTI.LY.VA 20151-1201 aP ImRK\1JOIrW.ICS'IrMEFOR LATH IHJ PVSI'ER 020 TRAHSnll '"""sr.IWA.,~Ml14-14OI 1:5.ItSDU.AU..EOUIPUENT N«)IMTERIALS PER 'n£I.A1'EST EDITIONOf'THE WrNUf'ACtURER'S tlSTAUATlONSPECt'ICAllONS UN.DSSP£CIF1ClLLY NCJtD)1'01HE CONTRARV.OR wteE I.OCt.L OXIESDRRElUAllOMStNCEPRECmEHCE. '4.THE C:OH1'PJoCItlR RW.L.'t'EJIlFY,COOfIllIrW'E,NIl PftOt'I)E AU.tEC£SSNn'~BtaCIlC.~.KiHaEJtS OR OllERSUI'f'ORtS ftlRIUnucs fIEJURH'J Tt£StoWE.mco SEIMCE CONNECTION AT EXISTINGmcoPEDESTAl POWER SEIMCE CONNECTION AT EXISTINGELECTRICAlTRANSFOR"'ER PROPOSED 3-GANG "'ETER PEDESTAL EXISTING FACADE "'OUNTED VERlZONANTENNAS EXISTING FACADE "'OUNTED NEXmANTENNAS EXISTING FACADE "'OUNTED CINGULARANTENNAS EXISTING VERIZON WIRELESS CONCRETEBLOCKEQUIPMENTENCLOSURE EXISTING NEXm.EQUIPMENT SHELTER EXISTING ClNGULAR WIRELESS EQUIPMENTSHELTER EXISTlNG CONTOUR UNE SHOWN AT l'-0'INTERVALS EXISTING COAXIAL CABLE TRA'tS ON ROOFOFTANK(TYPICAL) PROPOSED JOIm"UTIUTY TRENCH TOPOWERANDTELCOSElMCECONNECTIONSONADJACENTPROPERTY EXISTING ASPHALT PAVED MID. EXISTING ClWNUNK FDlCE (TYPICAL) EXISTING ASPHALTIC CONCRETE PAVEDACCESSROAD PROPERTY UNE (TYPICAL) EXISTING TREES ANO BUSHES TO REMAlN EXISTING CONCRETE DRAlWlGE SWALE EXISTING SIOEWALK EXISTING ClWNUNK GATE EXISTING UNDERGROUND WATER UNE (VER1F'r? PROPOSED COAXIAL CABLE TRENCH EXISTING RESlOENTIAL HONES (TYPICAL) KEYED NOTES:oo ¢ ~ ~ ~ o [ASEJ.lENTS: NO EASEMENTS ARE SHOWN WHICH REFLECTS PREUNINARY RECOROS RESEARCH Of RECORDEO PARCEL t.W'S. EASEMENTS ARE SUBJECT TO REVIEW Of FINAL 11TLE REPORT CRICKET COt.lNUNICATIONS mECO......UNICAll0NS TRANS"'ITTERFREQUENCIESANDPOWERLEVELS: 1850-1990 "'Hz BANO WIDTH 200 WATTS ERP PER SECTOR II/~ PROPOSED CRICKET COt.l...UNICAllONS ANTENNA "'OUNTED TO A PROPOSED 6'DIMlETER •W -0'HIGH STEEL POLE.POLE.ANTENNA,...OUNllNG BRACKET ANO ALL EXPOSEDCOAXIALCABLESHAll.BE PAINTED BROWN.SEE SHEETS A-2 '"A-3 FOR EXTERIOR ELEVAll0NS PROPOSED CRICKET COt.I...UNICATIONS EQUIP...ENTCABINETONRAISEDSTEELPLATFOR...ON GRACE (SHOWN SHADED).SEE SHEET A-I FOR EQUIP...ENT PLAN SECTOR A AZJ...l1TH f1• " PROPOSED CRICKET COt.lllUNICAllONS ANTENNA "'OUm-EDTOAPROPOSED6'OWdETER x 14'-0'HIGH STEEL POLE. POLE,ANTDINA.NOUNllNG BRACKET ANO ALL EXPOSEDCOAXIALCABLESHAll.BE PAlm-ED BROWN.SEE SHEETSA-2 '"A-3 FOR EXTERIOR ElEVAll0NS SITE PLAN ICII.E:l'-lIl'olI' \/ \ \ \ ANTENNA AND COAXIAL CABLE SCHEDULE starOR DIREcnOH AZlhlLrrn ANTEN"'"MODEL NUl.ABE:R OOWNTlL.T SERw..NUMBER NUMBDl COo'XLiN~U JUMPER COAX SIZEANTENNAOfCABlESWlG'Tl<PER SECTOR (+/ -5')(+/ -31 A\NORTH 0'CS\PC5X06S-18-Q,0'2 60'6'-0·7/6' B\SOUTH 100'CS\PCSX06S-18-O>0'2 55'6'-0·7/6 Cl WEST 2<0'CSA PCSX055-1B-OZ 0'2 185'6'-0'1 5/8'ARCHITECTURE ""PLANNING ....Hll~rt M ODOIK~l\Clllr(Cl RaHill J S\l~fIE I AIICKIHCl '0 oox ~451 tARL!OilD.(II Hon (7eOl .H.a~1. DATE DATE DATE DATE DATE PREPARED FOR 996 EAST H STREET CHULA VISTA,CA 91910 SAN DIEGO COUNTY 6160 CORNERSTONE COURT,SUITE 150 SAN DIEGO,CA 92121 APPROVALS tONING SAN-733-A OWNER APPROVAL PROJECT NUMBER OTAY WATER DISTRICT @ 971 PROJECT NAME CONSTRUCTiON SiTE ACOUISITION R:F. =======::======= ====::==== ==="=== =======::======= 'j in EQUIPMENT ELEVATION 1CoII.!:....,'oG' ( .t.'0. -\- //~/'y/ //////~·~o· x \\\\0\ \ \ \ o /I1 -~.._-.------'--~""-- / PROPOSED GPS AllTENNA MOUNTED TO EQUIPMENT CABINET PROPOSED m.co CI.IlINET PROPOSED PPC CABINET PROPOSED UNDERGROUND COAXIAl.CABLf:TRENCH PROPOSED AAI5ED STEEL PLATFORM EXISTING CtWNUNK FDlCE EXISTING ~D5C.'J'ING EXISTING TREES TO REMAIN PROPOSED JOINT unUTY TRENCH TO POWER AND TELCOSER'IICE CONNECTIONS ON .o.DJACEtIT PROPERTY EQUIPMENT PLAN 1CoII.!:....,'oG' KEYED NOTES:<3>PROPOSED CRICKET COMMUNICATIONS CMO EQUIPMEtIT CASINET.52"WIDE •30"QEEP •55"HIGH,WEIGHT:2600 LBS, ~ooo ~~~ * DRAWING DATES 12/14/0S PRWM ZO REVIEW (AO)01/05/06 FINAL ZO REVIEW (AA) 01/27/06 SUBMITIAL SET (row) 03/07/06 OWNER COMt.4ENTS (rew) 03/0S/06 OWNER COMMENTS (jab) ===::=== SHEET TITLE EQUIPMENT PLAN & ELEVATION ====::=== PROJECTS\crickll\SA.N733zd\SAN733:zA1.dwg ===::=== NOT!: ,.POLf:,ANTENNA,COAXIAl.CABI.£,SUPPORT FRAME AND BRACKETSSHAU.BE PAINTED BROWN 2.AI..L EL£MENTS OF ANTENN.'.MOUNT SHALl BE GAl.VANIZED A-1 1 .' ,q"CHlTECTUrlE ••PlANNING I,JLLtl~M 1'1 aoolw ~l\.CHI1(Ct flOGEl'I1 J IIIAIIO IlI\CH!TECT ~O,OO~(651 CllflIUIlf).C"9~016 OdD).J.·~H. EXISTING VERIZON WIRElESSCONCRETEBLOCKEQUIPMENTENCLClSURE DATE DATE OATE DATE PREPARED FOR cricketo ZONING 6160 CORNERSTONE COURT,SUITE 150 SAN DIEGO,CA 92121 APPROVALS SITE ACQUISITION R.F. CONSTRUCTION ===::=== ===::==== PROPOSED CRICKET COMMUNICATIONS AmENNA MOUNTED TO A PROPOSED S"OIAl.tETER • 14'-0"HIGH STEEL POLE.POLE,ANTENNA,MOUNTlNG BRAcI<E:T AND All.EXPOSED COAXIAl.CABLE SHAll BE PAINTED BROWN ~J2'.~ ~;~t;~-~ <-'t:..~~1~ -~EXISTING FENCE IN FOREGROUND NQT SHOWN FOR CLARITY EXISTING T-MOBILEANTENNAS ""..J~;!_r-j~')?~l ...C"......'" ;$=' EXISTING ASPHALTPAVEDAREA rEXISTING VERIZON ANTENNAS EXISTING WATER TANK EXISTING NEXTEL EQUIPMENT SHELTER EXISTING AIR I'ENT\(TYPICAL OF 2) EXISTING NEXTEL\ ANTENNAS \\EXISTING T-MOBILE AmENNAS EXISTING T-MOBILE EQUIPMOIT SHELTER PROPOSED CRICKET COMMUNICAllONS EQUIPMENT CABINET ON RAISED STEEL PLATFORM ON GRADE (SHOWN SHADED) PROPOSED CRICI<E:T COMMUNICATIONS Af'IIDj~MOUNTED TO PROPOSED S"DIAMETER •14-0 HIGH STEEL POLE =======::=======SOUTH ELEVATION IICN..e:111".\'4' OWNER APPROVAL DATE PROJECT NAME DTAY WATER DISTRICT @ 971 PROJECT NUMBER SAN-733-A EXIS11NG VERIZONANTENtI'S PROJECTS\cric:ll'el\S,6,N733zd\SAN733zA2.dwg DRAWING DATES PREUM ZO REVIEW (AD) FINAL ZO REVIEW (AA) SUBMITTAL SET (row) OWNER COMMENTS (rew) OWNER COMMENTS (job) 12/12/05 01/0S/0S 01/27/0S 03/07/06 03/0B/OS A-2 SHEET TITLE 996 EAST H STREET CHULA VISTA,CA 91910 SAN DIEGO COUNTY EXTERIOR ELEVATION ================= ===::==== ===::=== ====::====PROPOSED CRICI<E:T COMMUNICATIONS ANTENNAMOUNTEDTOAPROPOSEDS"OIAl.tETER ,14'-0"HIGH STEEL POLE.POLE,ANTENNA, MOUNTlNG BRACKET AND All.EXPOSED COAXIAl. CABLE SHALL BE PAINTED BROWN EXIS1lNG NEXTELANTENNAS EXISTING AIR VENT (TYPICAL OF 2) PROPOSED CRICKET COIJMUNlCA1l0NS EOUIPMENTCABINETONRAISEDSTEELPLATFORMONGRADE (SHOWN SHADED) EXISTING T-MOBILE ANTENNAS WEST ELEVATION EXISTING VERIZON WIRElESSCONCRETEBLOCKEQUIPMOITENCLOSURE PROPOSED CRlCI<E:T COIolMUNICATIONS ANTENNAMOUNTEDTOAPROPOSEDS"OIAl.tETER • 14'-0"HIGH STEEL POLE.POLE.ANTENNA, MOUNllNG BRACKET AND All.EXPOSED COAXIAl.CABLE SHALL BE PAINTED BROWN Willi"''''t1 DoaTH ~ClCMIHCI nOUII1 J ~U"Cltl AI\(HIHCI r 0 GO.~~~1 CMIISOIID.ell ''lOU P~O}o~·aH~ DATE DATE DATE DATE CONSTRUCTION PREPARED FOR APPROVALS SITE ACQUISITION 6160 CORNERSTONE COURT,SUITE 150 SAN DIEGO,CA 92121 ZONING R.F. ====..==== =======::======= TOP OF CflICKET COMMUNICAllONSPOLE(T'IPICAL) PROPOSED CRICKET COMMUNICAllONS ANTENNAMOUNTEDTO~PROPOSED S"OIAMETER X14'-0"HIGH STEEL POLE.POLE,ANTEN~ MOUNTlNG BRACKET ~D ALL EXPOSED COAXIAL~LE SHALL BE PAINTED BROWN EXISl1NG T-MOBILE ANTENNAS PROPOSED CRICKET COMMUNIC/o.110NS EQUIPMENT~INET ON RAISED ST1EEL P~TFORM ON GRAIDE(SHOWN SHADED) EXISTING NEXTEL mTENNAS ,- II,- II EXISTING FENCE INFOREGROUNDNOTSHOWNFORClARITY /: EXISTING AIR VEl-IT (1'I'P1CAL OF 2) -EXISTING VERIZON / /ANTENN~ EXISTING WATER \T~K EXISTING NEXTEL~ ANTENNAS \\\EXISTING T-MOBILEANTENNAS '0I'".M J ;;; ------II -------- PROPOSED CRICKET COMMUNlCA110NS ANTENNAMOUNTEDTO~PROPOSED S"DIAMETER x14'-0"HIGH STEEL POLE.POLE,ANTEN~MOUNTlNG B~CKET ~D ALL EXPOSED COAXIAL~LE SHALL BE PAINTED BROWN OWNER APPROVAL DATE NORTH ELEVATION =======::======== PROJECT NAME OTAY WATER DISTRICT @ 971 PROJECT NUMBER SAN-733-A 996 EAST H STREET CHULA VISTA,CA 91910 SAN DIEGO COUNTY ====..==== EAST ELEVATION -..E:\IIr-,'oO' DRAWING DATES PREUM ZD REVIEW (AQ) FINAL ZO REVIEW (AA) SUBMITTAL SET (,ew) OWNER COMMENTS (<ow) OWNER COMMENTS Oob) 12/14/05 01/05/06 01/27/06 03/07/06 03/0B/06 PROJECTS\cricket\SAN733zd\SAN733zA3.dwg SHEET TITLE A-3 EXTERIOR ELEVATIONS ===::=== ====..==== ====::==== EXISTING VERlZON WIRELESSCONCRffiBLOCKEOUIPMEIIT ENCLOSURE PROPOSED CIlICKET COMMUNICATIONS EQUIPMEIITCABINETONRAlSEOsrmP~TFORM ON GRAIDE (SHOWN SHADED) EXISl1NG W~TtR T~K IN FOREGROUND_=r (SHOWN DASHED FOR CLARITY) ..r=B---LfL L -----------------------\ I I II I I I I I I I I I I•'.':,~-_._-----"::;":::":~- ~··-,I_':.l....,-L~L,-.,.....,'~~~r.::L :r::~~_~=-'=-_l.~ /--- II I I I PROPOSED CRtCKEr COMMUNICAl1ONS ANTENNA MOUNTED TO A PROPOSED S"DIAMETER X14'-0"HIGH STEa POLE.POLE.ANTEN~EXIST1NG T-MOBILE MOUNTlNG B~CKET ~D ALL EXPOSED COAXIALEXISTINGNEXTELWIRELESSEQUIPMEIIT~LE SHALL BE PAINTED BROWN,t~0~ya~~~~__~---~Il-_..Jll_-', --Y\~~,T~;':F-----------c 1',--T--r----\~=-~-.------ FOREGROUND NOTSHOWNFORCLARITY EXHIBIT E TO AGREEMENT BETWEEN CRICKET COMMUNICATIONS,INC.,A DELAWARE CORPORATION AND OTAY TO LOCATE COMMUNICATION FACILITIES AT OTAY'S 485-1 RESERVOIR SITE,DATED (THE "LEASE") Memorandum of Lease Check one option. o None. o See Attached. Lease for Telecommunication Facilities Exhibit E -page I AGENDA ITEM 8 STAFF REPORT TYPE MEETING:Regular Board MEETING DATE: SUBMITTED BY:Patrick VaUghan~~~W.O.lG.F.NO: Senior Civil Engineer APPROVED BY:Rod Posada,~~~~~}.. (Chief) September 6,2006 aaOOO DIY.NO.1 1dlOOO APPROVED BY: (Asst. GM): SUBJECT: Chief,Development Services Manny Magan~ Assistant General ~nager,Engineering and Operations Request to Approve Agreement with Cricket Communications, Inc.,a Delaware Corporation,for the installation of a Communications Facility at the 458-1&2 Reservoir Site GENERAL MANAGER'S RECOMMENDATION: That the Board authorize the General Manager to execute an agreement with Cricket Communications,Inc.,a Delaware Corporation (Cricket)for the installation of a communications facility (Attachment 1),at the 458-1&2 Reservoir Site. See attached Exhibit A for project location. COMMITTEE ACTION: See Attachment A. PURPOSE: To obtain Board authorization for the General Manager to execute an agreement with Cricket that allows the installation of a communications facility at the 458-1&2 Reservoir Site.The agreement will grant Cricket 88 square feet of leased area and trench easements of right-of-way for access,power,and a communications facility ANALYSIS: Cricket will be the fourth cellular provider locating its facilities on the 458-1&2 Reservoir Site Currently,Sprint,T- Mobile,and Crown Castle are the three cellular providers at this location The proposed wireless communication facility consists of the construction of an unmanned communications equipment cabinets with the incorporated,one 14-foot antenna support pole.The equipment will be located within an area totaling 88 square feet of leased space. The District will receive copies of construction drawings,all permits,and approvals by local regulatory agencies prior to granting permission to start construction.Staff agrees with the design concept for the proposed facility construction. FISCAL IMPACT: The District wil receive $2,266 per month in rent effective upon execution of the lease agreement for a period of five years,subject to an annual inflation adjustment of 3 percent. The tenant will have the option to extend the term for three additional five-year periods.Two additional five-year extensions may be granted at the District's discretion. An initial $2,000 payment toward the District's non-refundable administrative fee of $6,500 has been paid to reimburse the District for staff time to supervise and assist the tenant during the licensing and permitting phases;this fee is separate from rent.The remaining balance of $4,500 will be due and payable upon execution of this agreement by both parties to reimburse the District for costs to assist the tenant with planning,design,and construction phases of the project, including legal expenses. LEGAL IMPACT: The District's Lease Agreement has been reviewed by our legal counsel.District Counsel has been an integral part in the negotiations and construction of this agreement. STRATEGIC GOAL: This item is in line with the District's Strategic Focus Areas: Community and Governance,and Financial Health. General Manager Attachments C:\Out1ook Temp\Cricket @ 458-12 Staff Report BD 9-6-06.doc 2 ATTACHMENT A (SUBJECT/PROjeCT:IApp~o:;;~-Ce 11ul~r'Le'a:seAg~~eme'n:t"'~ithc~i'c"]~e't-""""'" I Communications,Inc.,a Delaware Corporation,:for a new facility at the 458-1&2 Reservoir site. ..............~..! L ···············_••••••••••••_.h••W•••••••••__•••••••••_••••••••••••••••! COMMITTEE ACTION: The "Committee Action"is written in anticipation of the Committee moving the item forward for board approval.This report will be sent to the Board as a committee approved item, or modified to reflect any discussion or changes as directed from the committee prior to presentation to the full board. 3 \ \ \\\ PROJECT SITE EXHIBIT A GTAY WATER DISTRICT CRICKET COMMUNICATIONS AT OTAY WATER DISTRICT'S 458-1 &458-2 RESERVOIR SITE LOCA TI ON MAP IMPERIAL BEACH ;;: "'0ui.....;Q .c.xw VIc:o:;;oo c:::l E Eou .....I-o Q) 0:: l.DaaN r--...... --o.....V) l-V)a.. ::i:a.. ATTACHMENT 1 AGREEMENT BETWEEN CRICKET COMMUNICATIONS,INC.,A DELAWARE CORPORATION AND OTAY WATER DISTRICT TO LOCATE A COMMUNICATIONS FACILITY AT OTAY'S 458-1&2 RESERVOIR SITE This Agreement ("Lease")is entered into and effective on the date specified in the signature page (the "Commencement D'lte"),by and between the Otay Water District,a municipal water district organized and operated pursuant to the Water Code Section 71000,et seq.("Otay"),and Cricket-Communications,Inc.,a Delaware corporation ("Tenant").Any special terms or conditions agreed to by Otay and Tenant will be set forth on Exhibit A. A.Otay owns a site on which it,has constructed water facilities known as the "458- 1&2 Reservoir Site,"as depicted on Attachment A to Exhibit B (the "Reservoir Site"). B.Tenant has requested Otay to allow it to locate a communications facility and transmitting and receiving antennas at the Reservoir Site. For good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,Otay and Tenant agree as follows: 1.Premises.Otay owns the real property described in Attachment B to Exhibit B (the "Property").Otay agrees to lease to Tenant,for the installation of antennas and related telecommunications equipment,approximately 88 square feet of real property within the Property,as more particularly described on Attachment C to Exhibit B (the "Premises").A depiction ofthe Property and the Premises is attached hereto as Attachment D to Exhibit B. 2.Grant of Non-Exclusive Trench Easement(s).Otay has also agreed to grant a temporary non-exclusive easement to Tenant for certain portions of the Property,as legally Lease for Telecommunication Facilities D:081706 Page 1 of19 described in Exhibit C to this Lease (the "Easement"),for the purpose of trenching and installation of the necessary utilities to operate Tenant's equipment.It is expressly agreed that any such Easement shall run concurrent with this Lease.Tenant agrees and understands that if the Lease is terminated or ceases to exist for any reason,the Easement shall not have any force or effect.Tenant agrees to return and maintain all portions of land subject to the Easement that are disturbed in connection with the installation,connection,maintenance,repair,access or any other Tenant activity,to their original condition at Tenant's sole cost and expense., This easement shall be non-exclusive.Otay,or any other tenant of Otay may utilize the easement area for similar purposes or for any other purpose which does not interfere with Tenant's uses.Otay shall provide Tenant with advance notice of any intention to use the temporary easement area by Otay or any current or future tenant of Otay. 3.Use of the Premises.The Premises may be used by Tenant only for the purpose of installing,constructing,housing,operating,maintaining and repairing approved telecommunication equipment,including appurtenant antennae and electronic equipment,as further described and conditioned in this Agreement (collectively,the "Facilities"),for the lawful provision ofcommunication services.Tenant may not sublease or sublicense any use or space of the Premises or the Facilities thereon except as otherwise provided in Paragraph 12,below. 4.Access.Otay shall provide access to Tenant,Tenant's employees,agents, contractors and subcontractors to the Premises 24 hours a day,seven days a week,at no charge to Tenant.Otay hereby grants to Tenant such rights of ingress and egress over the Property as may be necessary and consistent with the authorized use of the Premises as outlined by Otay Operations.Subject to Otay's reasonable rules,Otay shall permit Tenant's employees,agents, contractors,subcontractors and invitees to park vehicles on the Property as necessary and consistent with the authorized use of the Premises.Otay shall,at its expense,maintain all access Lease for Telecommunication Facilities D:08l706 Page 2 of19 roadways or driveways from the nearest public roadway to the Premises in a manner reasonably sufficient to allow access.In addition,Tenant shall obtain such permits,licenses or easements, from the owners of property adjoining the leased premises,as may be necessary fot Tenant to have access to and from the leased Premises and also for access to utilities.Tenant shall provide copies ofthese documents to Otay prior to the start of construction. 5.Term.The term of this Lease shall be five (5)years (the "Initial Term"), commencing on the Commencement Date.Tenant shall have the right to extend the term of the Lease for three (3)additional terms of five (5)years each by giving Otay written notice of its intention to do so at least 120 days prior to the date that the then current term would otherwise end (each,an "Extension Term").In addition,Tenant may request,in writing,two additional extensions of five (5)years each,which Otay may grant or deny at its sole discretion (each,an "Additional Term"and together with the Initial Term and Extension Term,or individually,as the context requires,the "Term").Each such request shall be made in writing no less than 120 days prior to the expiration of the then current Extension Term or Additional Term,as applicable. 6.Administrative Fee.Tenant,prior to entering on Otay Property to conduct its investigation of the Premises,shall provide Otay with a non-refundable administrative fee in the amount of TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00).This fee will defray Otay's costs associated with the supervision of and assistance with the Tenant's investigation and planning phases ofthe site selection. Additionally,upon final execution of the Agreement by both parties,Tenant shall provide Otay with a non-refundable administrative fee in the amount of FOUR THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($4,500.00).This amount shall be in additionto the administrative fee described above for entering on Otay Property to conduct investigation of the proposed Premises.This second administrative fee shall be used to defray Otay's administrative Lease for Telecommunication Facilities D:081706 Page 3 of 19 expenses and costs related to Otay's supervision and assistance with planning,design,and construction phases of the project,including legal expenses.These administrative fees shall not be considered rent or part ofthe rental installment. 7.Rent.Beginning on the earlier of (1)six months from the Commencement Date; or (2)the date on which a local building permit is issued allowing Tenant to construct the Facilities (or any portion thereof)on the Premises (the "First Rent Payment Date"),Tenant shall pay Otay as rent the sum of$2,266 per month payable on the first day ofeach month in advance. However,at Tenant's election,Tenant may pay rent annually,in advance,if,at least 60 days prior to the Initial Term or an Extension Term,Tenant notifies the District,in writing,of its intent to pay its rent in annual payments during each year of the upcoming Extension Term or Additional Term.If the First Rent Payment Date is other than the first day of the calendar month,the rate shall be prorated for the first month ofthe Initial Term. The rent shall be increased on each calendar anniversary of the Commencement Date at a rate of three percent (3%)per annum.However,at the beginning of each Extension Term or Additional Term,if any,Otay may,at its sole and absolute discretion,choose to adjust the annual rent,effective on the first year of said Extension Term or Additional Term,by an amount equal tothe greater of:(i)three percent (3%);or (ii)the amount necessary to ensure that the rent equals the amount it would have been if each annual increase during the previous Term had been calculated based on the average percentage increases in the consumer price index published by the United States Department of Labor,Bureau of Labor Statistics (1982-1984 = 100)(the "CPI")for "All Items -All Urban Consumers"for the San Diego Metropolitan Statistical Area for the immediately preceding 5 year period.If the publication ofthe Consumer Price Index is discontinued,or if the Consumer Price Index is altered in some material manner, including changing the name of the index,the geographic area covered,the consumers or Lease for Telecommunication Facilities D:081706 Page 4 of19 workers so included,or the base year,the Parties must use their reasonable best efforts to agree on a substitute index or procedure that reasonably reflects and monitors consumer prices.After such an adjustment,the rent shall increase at a rate of three percent (3%)per annum for the rest ofthe applicable Extension Term or Additional Term,if any.Otay shall also have the discretion to adjust the base rent to then current market rent in the Additional Term if said market rent is greater than the CPI increase provided for in the above formula.The "then current market rent" shall be defined as the most recent rent transaction entered into by Otay with.other similar tenants for the same or similar purposes. 8.Environmental.Otay represents that to the best of its knowledge the Premises have not been used for the generation,storage,treatment or disposal of hazardous materials other than those materials normally used by Otay for the treatment of water and that there is no hazardous waste on the Premises.Notwithstanding any other provision of this Lease,Tenant relies upon the representations stated herein as a material inducement for entering into this Lease.Tenant shall not bring any hazardous materials onto the Premises except for those contained in its back-up power facilities (e.g.lead-acid batteries and diesel fuel)and properly stored,reasonable quantities of common materials used in telecommunications operations (e.g. cleaning solvents).Tenant shall handle,store and dispose of all hazardous materials it brings onto the Premises in accordance with all federal,state and local laws and regulations ("Laws"). "Hazardous materials"means any substance,chemical,pollutant or waste that is presently identified as hazardous,toxic or dangerous under any applicable federal,state or local law or regulation and specifically includes,but is not limited to asbestos and asbestos containing materials,polychlorinated biphenyl's (PCBs)and petroleum or other fuels (including crude oil or any fraction or derivative thereof). Lease for Telecommunication Facilities D:08l706 Page 5 of 19 9.Installation and Maintenance of Facilities.Tenant is authorized to install, maintain and operate on the Premises only the Facilities described and depicted on Attachment A to Exhibit D;provided that all permits and zoning approvals shall have been obtained by Tenant. a.Installation o/the Facilities.Tenant's design and installation of all portions of the Facilities shall be done according to plans approved by Otay,and such approval shall not be unreasonably withheld.The Tenant shall be responsible for painting its antennae and/or equipment to match Otay's facility.Otay will provide Tenant with specifications regarding paint type,color and application method to accomplish this requirement.Painting/coating submittals shall be provided to Otay by the Tenant prior to receiving permission to begin painting.Otay may specify a camouflage design if appropriate.These camouflage designs may include but are not limited to palm trees,pine trees and flag poles. b.Record Drawings.Within thirty (30)days after completion ofthe Facilities, Tenant shall provide Otay with "record"drawings of Facilities showing and identifying all the equipment and improvements installed on the Premises.Said drawings shall be accompanied by a complete and detailed inventory of all equipment,personal property and antennae located on the Premises and any such property of Tenant located in the Easement.No property of Tenant other than such identified property shall be located on the Premises or the Property at any time. Upon delivery of Tenant's record drawings,in form and content satisfactory to Otay,such drawings shall replace and supersede any similar drawings contained in any exhibit attached hereto. c.Alterations.Tenant shall not alter or change its Facilities in a material manner without the prior approval of Otay,such approval not to be unreasonably withheld. "Material"refers to any physical change that could affect the building or its appearance or any change that could disrupt Otay's workplace or communications.All of Tenant's construction Lease for Telecommunication Facilities D:081706 Page 6 of 19 and installation work shall be performed at Tenant's sole cost and expense in a good and workmanlike manner.Tenant shall have the right to remove all facilities it installs at its sole expense on or before the expiration or termination ofthis Lease. d.Improvements to Facilities /Additional Space.If,at any time during the Term,Tenant requests permission from Otay to add improvements requiring construction to its then existing Facilities,the then current Administrative Fees shall be payable to Otay for reimbursement for staff time to process the new request,construction inspection and monitoring during construction.Ifthe requested Tenant improvements include additional lease space,a new lease agreement for the additional lease space must be executed prior to start ofconstruction and Tenant shall pay the Administrative Fees then in effect,and shall comply with Otay's requirements then in effect.The administrative fees for the additional lease space shall be in addition to,and shall not replace the administrative fees for improvements requiring construction to the Facilities. e.Permits and Compliance with Applicable Laws.Prior to commencing any construction or improvements,and from time to time,as applicable,Tenant agrees to obtain all necessary approvals for its communications operations and for the Facilities and to operate and maintain the same,at all times in accordance with all applicable laws,rules and regulations. 1.Prior to commencing construction,Tenant shall deliver to Otay copies of all executed licenses,approvals and permits required by local,state or federal agency in connection with the Facilities,which permits shall be attached hereto as Attachment B to Exhibit D. 11.From time to time,as required by law or regulation in connection with the normal operation of the Facilities or as needed due to improvements or alterations to the same,Tenant shall provide Otay with copies ofupdated permits, Lease for Telecommunication Facilities D:081706 Page 7 of 19 licenses and/or approvals.Tenant shall provide written evidence,satisfactory to Otay of all FCC approvals and other governmental permits and approvals, including but not limited to compliance'with FCC Electromagnetic Radiation Guidelines. 111.Otay agrees,at no expense to Otay,to cooperate with Tenant in making application for and obtaining all licenses,permits and any and all necessary approvals that may be required for Tenant's intended use of the Premises. f.Utilities.Tenant shall he authorized to install utilities for the Premises and the Facilities at Tenant's expense and to improve the present utilities on or near the Premises (including,but not limited to the installation of an emergency back-up power)subject to Otay's approval of the location,which approval shall not be unreasonably withheld.Tenant shall fully and promptly pay for all utilities furnished to the Premises for the use,operation and maintenance ofTenant's facilities. g.Repair ofOtay 's Improvements.Any damage done to Otay's improvement on the property during installation and/or during operations caused by Tenant or in connection with installation operation shall be repaired or replaced immediately at Tenant's expense and to Otay's reasonable satisfaction.In connection with the installation and operation ofthe antennae facilities,Tenant shall not locate or attach any antennae or other equipment to Otay's facilities without the prior written approval of Otay.Tenant shall pay all costs and expenses in relation to maintaining the integrity of Otay's facilities in connection with Tenant's installation and operation ofthe antennae facilities. Lease for Telecommunication Facilities D:081706 Page 8 of 19 h.Maintenance and Repair.At all time during the Term,Tenant shall maintain the Premises and the Facilities in a manner acceptable to Otay.Tenants use.of its facilities shall not interfere with Otay's operation ofits improvements. 1.Liens.Tenant shall not encumber or allow the Premises or the Property to be encumbered in any manner other than as expressly authorized herein. J.Security.Tenant recognizes and agrees that the Premises and the Reservoir Site are a sensitive area.Tenant agrees to provide for the proper supervision .of all Tenant personnel assigned to enter and do work at the Premises.Tenant also agrees to,at its own cost and expense,comply with any and all security measures instituted by Otay from time to time. 10.Maintenance and Repair of Otay's Improvements.At any time during the Term, or while this Lease remains in effect,Otay may,at its option and upon One Hundred Twenty (120)days prior written notice to Tenant,remove or cause Tenant to remove all or any portion of its Facilities at Tenant's expense,in order for Otay to paint,repair,or make replacements to its improvements on the Premises (the "Maintenance Work"),as deemed necessary by Otay in its sole discretion.Tenant agrees to fully cooperate with Otay's efforts in connection with any Maintenance Work,including removing and re-installing any portion of the Facilities identified by Otay to be removed. a.Temporary Facilities.During the course of the Maintenance Work,Tenant may install temporary antennae,at Tenant's expense,on the leased Premises subject to Otay's approval of the location.Once the Maintenance Work is completed by Otay,Tenant agrees to promptly dismantle any temporary facilities and to relocate the facilities to their original location or to any other location approved by Otay,as appropriate.All work related to the removal ofany portion of the Facilities,installation of temporary facilities,dismantling,relocation to their Lease for Telecommunication Facilities D:081706 Page 9 of19 original location and any related work,shall be done at Tenant's sole cost and expense and in good and workmanlike manner. b.Repair of damage.Tenant shall repair any damage caused by Tenant in connection with the installation,maintenance,operation or removal of any temporary facilities or the Facilities. c.Otay's option to remove temporary facilities.If any temporary antennae is not removed within thirty (30)days from the date the Maintenance Work is compkted,Otay will have the right to remove the temporary antennae and charge Tenant for such costs. d.Painting ofthe Facilities.If the Maintenance Work includes the painting of Otay's improvements,the Tenant shall be responsible for repainting its antennas and/or equipment to match Otay's facility.Otay will provide specifications regarding paint type,color and application method to the Tenant to accomplish this requirement.The Tenant will be required to provide painting/coating submittals to Otay prior to receiving permission to begin painting.Subject to Otay's prior written consent,Tenant may substitute an alternate paint type and application method if it reasonably determines that Otay's selection will adversely affect or otherwise degrade Tenant's wireless signal from the Reservoir Site. 11.Co-Location.Tenant agrees that Otay may enter into leases with other communication carriers,wireless communications carriers and other utilities for.use of any portion of the "Reservoir Site"as long as said leases do not result in unreasonable interference with Tenant's use of or access to the Premises.Tenant will reasonably cooperate with Otay's efforts in this regard including,at Otay's request,the relocation of,or changes to,the Facilities; provided that any alterations or relocation needed to accommodate the new lessee shall be performed at the expense ofOtay or the new lessee. Lease for Telecommunication Facilities D:081706 Page 10 of19 12.Subleasing/Encumbrance.Tenant may not sub-lease or sub-license or otherwise encumber the Premises or any portion of the Facilities without Otay's prior written consent, which may be granted or denied at Otay's sole discretion.Any sub-lease or other encumbrance will require an amendment to this Lease and shall specify the terms and conditions for the sub- lease or other encumbrance. 13.Condition of the ProPerty at Expiration or Termination.Upon the expiration or termination of this Lease as herein provided,Tenant shall surrender the Premises,and any Easements granted by Otay in connection with this Lease,to Otay in good and broom-clean condition,with all portions of the Facilities,including but not limited to equipment,supplies, buried conduits,and structures removed along with subterranean foundations to a depth ofthree feet below grade;or as otherwise agreed to by Otay in writing. 14.Interference.Tenant shall not use,nor shall Tenant permit its agents or invitees to use any portion of the Premises in a manner which interferes with Otay's use of the Reservoir Site for it's intended purpose including communications facilities relating to Otay's operation such as telemetry/radio communications or any other pre-existing communications facilities. This would not apply to interference with a tenant of Otay whose use did not "pre-exist"this lease;except as agreed to by Tenant in connection with the co-location of any subsequent tenant's facilities.If Tenant's operation in any way interferes with Otay's telemetry/radio facilities,Tenant will have five (5)business days to correct the problem after notice from Otay. Tenant acknowledges that continuing interference will cause irreparable injury to Otay and, therefore,Otay will have the right to terminate the Lease immediately upon notice to Tenant. 15.Taxes.During the term of this Lease,Tenant shall pay before delinquency all taxes,assessments,license fees,and any other charge of any type whatsoever that are levied, Lease for Telecommunication Facilities D:081706 Page 11 of 19 assessed,charged,or imposed on or against Tenant's personal property installed or located in or on the leased premises and that become payable during the term ofthis Lease. 16.Termination. (a)This Lease may be terminated by Tenant without further liability if: (i)Tenant delivers to Otay 3D-day written notice at any time prior to the Commencement Date,for any reason or no reason; (ii)Tenant gives atay six months notice when Tenant determines at any time after the Commencement Date that any governmental or non-governmental license,permit, consent,approval,easement or restriction waiver that is necessary to enable Tenant to install or operate Tenant's facility cannot be obtained or renewed at reasonable expense or in reasonable time period. (iii)Tenant determines at any time after the Commencement Date that the Premises are not appropriate or suitable for its operations for economic,environmental or technological reasons,including without limitation,any ruling or directive of the FCC or other governmental or regulatory agency,or problems with signal strength or interference not encompassed by subsection (iv)below;provided that the right to terminate under this subsection (iii)is exercisable only if Tenant pays atay,as a termination fee,the lesser of twelve monthly installments ofannual rent or the balance ofthe rent due for the remaining term ofthis Lease; (iv)atay commits a default under this Lease and fails to cure such default within a 3D-day notice period,provided that if the period to diligently cure takes longer than 30 days and atay commences to cure the default within the 3D-day notice period,then atay shall have such additional time as shall be reasonably necessary to diligently effect a complete cure; (v)The Premises are totally or partially destroyed by fire or other casualty so as to hinder Tenant's normal operations and atay does not provide to Tenant within ten (10) Lease for Telecommunication Facilities D:081706 Page 12 of 19 days after the casualty occurs a suitable temporary relocation site for Tenant's facility pending repair and restoration of the Premises. (b)This Lease may be terminated by Otay without further liability if: (i)Tenant commits a default under this Lease and fails to cure such default as provided under paragraph 17,below. 17.Default. a.Event ofDefault.The parties covenant and agree that a default or breach of this Lease (an "Event of Default")shall occur and be deemed to exist if,after notice and opportunity to cure as provided below: (i)Tenant shall default in the payment of rent or other payments hereunder and said default shall continue for ten (10)days after Otay provides written notice ofthe same;or (ii)Either party shall default in the performance or observance of any other covenant or condition of this Lease to be performed or observed if such failure persists for a period of thirty (30)days after the non-defaulting party provides written notice of the default to the defaulting party. b.Rights upon Default.Upon the occurrence of an Event of Default,in addition to any other rights or remedies available to the non-defaulting party under any law,the non-defaulting party shall have the right to terminate the Lease. c.Cure Rights.An Event of Default shall not exist unless written notice has been given in accordance with this Lease,and the defaulting party has had the opportunity to cure as provided herein.The defaulting party shall cure the alleged default within the manner provided herein;provided however,that if the nature of an alleged default is such that it can not reasonably be cured within such thirty (30)day period,the defaulting party shall not be in breach Lease for Telecommunication Facilities D:081706 Page 13 of 19 ofthis Lease if it commences a cure within such period,and thereafter diligently proceeds with the actions necessary to complete such cure. 18.Destruction of Premises.If the Premises or the Facilities are destroyed or damaged,Tenant may elect to terminate this Lease as of the date ofthe damage or destruction by so notifying Otay no more than thirty (30)days following the date of damage or destruction, provided Otay does not provide to Tenant,within ten (10)days after the casualty occurs,a suitable temporary relocation site for Tenant's facility pending repair and restoration of the Premises. 19.Condemnation.If the condemning authority takes all the Property or a portion which in Tenant's opinion is sufficient to render the Premises unsuitable for Tenant's use,then this Lease shall terminate as of the date when possession is delivered to the condemning authority.In the event of any taking under the power of eminent domain,Tenant shall not be entitled to any portion ofthe award paid for the taking and Otay shall receive the full amount of such award except as provided herein.Tenant hereby expressly waives any right or claim to any portion of a condemnation award,except for relocation benefits and goodwill.All other damages,whether awarded as compensation for diminution in value of the leasehold or to the fee ofthe Premises,shall belong to Otay. 20.Insurance.Tenant shall maintain the following insurance: a.Commercial general liability with limits of $5,000,000 per occurrence which may be satisfied by a primary policy with a limit of no less than $2,000,000 and an umbrella policy ofexcess liability in the amount of no less than $5,000,000; b.Automobile liability with the combined single limit of $1,000,000 per accident; c.Worker's compensation,as required by law; Lease for Telecommunication Facilities D:081706 Page 14 of 19 d.Employer's liability with limits of $1,000,000 per occurrence. Tenant shall include Otay as an additional insured on each of the aforementioned insurance policies and the policies shall state that they are primary and that any policies Otay maintains shall be noncontributory.Tenant shall provide Otay with written certificates of insurance evidencing such coverage.Said policies shall expressly provide that the policies shall not be canceled or altered without at least thirty (30)days prior written notice to Otay.Said policies shall be with insurance companies with an A.M.Best rating ofAVII or better. Otay takes no responsibility for the protection of Tenant's property from acts of vandalism by third parties.The insurance requirements may be changed by Otay upon giving of notice to Tenant;provided that the requirements set forth above shall be the minimum insurance requirements during the Term. 21.Indemnity.Tenant shall hold harmless,indemnify and defend Otay and each of Otay's directors,officers,managers,employees,agents and successors and assigns,from any and all claims,suits or actions of any kind and description brought forth on account ofinjuries to or death to any person or damage to any property,including damage to the Premises arising out of or related to its use of the Premises,except to the extent that such claims,suits or actions arise out ofthe sole negligence or willful misconduct ofOtay. 22.Estoppel Certificate.Tenant shall,at any time and from time to time upon not less than thirty (30)days prior request by Otay,deliver to Otay a statement in writing certifying that (a)the Lease is unmodified and in full force (or if there have been modifications,that the Lease is in full force as modified and identifying the modifications;(b)the dates to which rent and other charges have been paid;(c)as far as the person making the certificate knows,Otay is or is not in default under any provisions of the Lease;and (d)such other matters as Otay may reasonably request. Lease for Telecommunication Facilities D:081706 Page 15 of 19 23.Assignment.Tenant shall not assign this Lease except to an affiliated parent entity,subsidiary,purchaser of assets,or holder ofits FCC license,without Otay's prior written consent.If,during the term of this Lease,Tenant requests the written consent of Otay to any assignment,Otay's consent thereto shall not unreasonably be withheld.Consent to one assignment shall not be deemed to be a consent to any subsequent assignment,and any subsequent assignment without Otay's consent shall be void and shall,at Otay's option, terminate this Lease. 24.Memorandum ofLease.Ifrequested by Tenant,Otay agrees to promptly execute and deliver to Tenant a recordable Memorandum ofLease substantially in the form ofExhibit E. 25.Resolution of Disputes.All controversies or claims arising out of or relating to this Lease shall be resolved by submission to final and binding arbitration at the offices of the American Arbitration Association ("AAA")located in San Diego,California.Such arbitration shall be conducted in accordance with the most recent version of the AAA commercial arbitration rules. 26.Choice of Law and Venue.This Lease shall be interpreted in accordance with the laws of the State of California,and any disputes shall be heard in a court of competent jurisdiction in the State of California. 27.Attorney's Fees.In the event that either party commences any legal action or proceeding,including an action for declaratory relief,against the other by reason of the alleged failure of the other to perform or keep any term,covenant,or condition of this Lease,the party prevailing in said action or proceeding shall be entitled to recover,in addition to court costs, reasonable attorneys'fees to be fixed by the court,and such recovery shall include court costs and attorneys'fees on appeal. Lease for Telecommunication Facilities D:081706 Page 16 of 19 28.Entire Agreement.This Lease contains all agreements,promises and understandings between Otay and Tenant and no verbal or oral agreements,promises or understandings shall or will be binding upon either Otay or Tenant and any addition,variation or modification to this Lease shall be in effect unless made in writing and signed by the parties hereto. 29.Incorporation of Exhibits and Recitals.All exhibits and attachments attached to this Lease and all Recitals above are incorporated and made a part hereof as if fully set forth herein. 30.Severability.If any term or condition of this Agreement is found unenforceable, the remaining terms and conditions will remain binding upon the parties as though said unenforceable prOVISIOn were not contained herein.However,if the invalid,illegal or unenforceable provIsIOn materially affects this Agreement then the Agreement may be terminated by either party on ten (10)days prior written notice to the other party hereto. 31.Waiver.Waiver of any provision or term ofthis Agreement,or of any breach or default hereunder,shall not constitute a waiver ofany other term,condition,breach or default,or of a subsequent applicability of a term or condition,or a waiver of a subsequent breach or default,nor shall it constitute an amendment to the term,condition or provision that is waived. 32.Notice.All notices,requests,demands and communications hereunder will be given by first class certified or registered mail,return receipt requested,or by a nationally recognized overnight courier,postage prepaid,to be effective when properly sent and received, refused or returned undelivered.Notices may be given by facsimile if proof of transmission is retained.Notices shall be sent to the addresses set forth below: Lease for Telecommunication Facilities D:081706 Page 17 of19 OTAY: TENANT: With a copy to: Otay Water District Attn:General Manager 2554 Sweetwater Springs Boulevard Spring Valley,CA 91978-2096 Phone:(619)670-2210 Fax:(619)660-0829 Cricket Communications,Inc. Attn:Property Manager 10307 Pacific Center Court San Diego,CA 92121 Phone:(858)882-6306 Fax:(858)622-0107 Cricket Communications,Inc. Attn:Legal Department 10307 Pacific Center Court San Diego,CA 92121 Phone:(858)882-6288 Fax:(858)882-6080 33.Corporate Authority.The persons executing this Agreement on behalf of the parties hereto warrant that (i)such party is duly organized and existing,(ii)they are duly authorized to execute and deliver this Agreement on behalf of said party,(iii)by so executing this Agreement,such party is formally bound to the provisions of this Agreement,and (iv)the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.THE SIGNATURE PAGE FOLLOWS.] Lease for Telecommunication Facilities 0:08I706 Page 18 of19 IN WITNESS WHEREOF,the parties have executed this Lease as of the __day of ,2006.This date is referred to as the Commencement Date in the Lease.----- CRICKET COMMUNICATIONS,INC., A Delawm:e corporation By: Name:Anthony G.Benyola Its:Regional Network Director,Western Region OTAY WATER DISTRICT 2554 Sweetwater Springs Blvd. Spring Valley,CA 91979 Mark Watton General ManagerIts: By: Name:-----=-====--..:...:....=.=-=------- Approved as to Form: Aerobel Banuelos Assistant General Counsel Lease for Telecommunication Facilities D:081706 Page 19 of 19 ADDED TO CRICKET DELAWARE TO LOCATE OTAY'S 458-1&2 ___(THE A EXHIBIT A SPECIAL TERMS AND CONDITIONS AGREEMENT BETWEEN COMMUNICATIONS,INC., CORPORATION AND OTAY COMMUNICATION FACILITIES AT RESERVOIR SITE,DATED _ "LEASE") If any terms or conditions set forth herein contradict terms or conditions of the Lease to which this Exhibit is attached,as described above,the terms and conditions of this Exhibit shall control. SPECIAL TERMS AND CONDITIONS 1.Landscaping and Maintenance.The installation,permitting, maintenance and upkeep, and all expenses or other obligations related thereto,in connection with any and all landscaping and irrigation systems mandated by the permitting agencies will be the sole responsibility of the Tenant.Otay Water District makes no commitment for delivery of water for said landscaping, except ifTenant obtains a water meter for the site and pays for water use. 2.Rent.At Tenant's election,subject to prior written notice as set forth in the Lease, Tenant may pay rent annually,in advance during each of the five-years of the Initial Term or during each of the five years in any Extension Term.Once the Initial Term or Extension Term, as applicable,has commenced,Tenant may not alter its election to pay monthly or annually. 3.Tenant's Financing.Notwithstanding anything to the contrary contained in this Lease, Tenant may assign,mortgage,pledge,hypothecate or otherwise transfer without prior notice or consent its interest in this Lease to any financing entity,or agent on behalf of any financing entity to whom Tenant (i)has obligations for borrowed money or in respect ofguaranties thereof, (ii)has obligations evidenced by bonds,debentures,notes or similar instruments,or (iii)has obligations under or with respect to letters of credit,bankers acceptances and similar facilities or in respect of guaranties thereof;provided that no such assignment shall become binding on Otay until written notification is given by Tenant to Otay as provided in the Lease.A "financing entity"as used herein,does not include any entity which primary business is not that ofbanking, finance,lending or investing funds and does not include any entity whose primary business is telecommunications. a.Waiver of Otay's Lien.With respect to any such financing entity,Otay waives any lien rights it may have concerning the Facilities,which is deemed Tenant's personal property and not fixtures attached to the Property and Tenant or,if appropriate,the financing entity has the right to remove the same at any time without Otay's consent.The financing entity shall not have the right to operate the Facilities without Otay's prior written consent,which may be denied if the financing entity does not meet the definition offinancing entity above.. Lease for Telecommunication Facilities Exhibit A -page 1 b.Collateral.Tenant may enter into a financing arrangement including promissory notes and financial and security agreements for the financing of the Facilities ("Collateral")with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities).In connection therewith,Otay (i)consents to the installation ofthe Collateral;(ii)disclaims any interest in the Collateral,as fixtures or otherwise;and (iii)agrees that the Collateral shall be exempt from execution,foreclosure,sale,levy,attachment,or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. c.Disposition of Collateral.Notwithstanding paragraphs a.and b.,above,if Tenant fails to remove the Collateral,or any component thereof,within five (5) days ofthe termination ofthis Lease,said failure shall constitute an abandonment. Ifthereafter,Tenant or any holder ofCollateral,lender or assignee,whether or not notification was provided to Otay,fails to claim and remove the same,within thirty (30)calendar days of the date of termination of this Lease,Otay is hereby specifically authorized to remove and dispose of the Collateral,or any component thereof,so abandoned at Tenant's sole cost and expense and without incurring any liability to Tenant,or any lender with any interest in all or any part of the Collateral,or any assignee ofthis Lease. d.No privity or obligation.Otay does not have privity with any financing entity and specifically disclaims any obligation to any such entity,including any obligation to provide copies of any notices of default or right to cure under the Lease. Lease for Telecommunication Facilities Exhibit A -page 2 EXHIBITB CRICKET DELAWARE TO LOCATE OTAY'S 458-1&2 ___(THE TO AGREEMENT BETWEEN COMMUNICATIONS,INC.A CORPORATION AND OTAY COMMUNICATION FACILITIES AT RESERVOIR SITE,DATED _ "LEASE") List ofAttachments to Exhibit B: ATTACHMENT A.DEPICTION OF RESERVOIR FACILITIES ATTACMENT B.LEGAL DESCRIPTION OF THE PROPERTY ATTACHMENT C.LEGAL DESCRIPTION OF THE PREMISES ATTACHMENT D.DEPICTION OF THE PROPERTY AND PREMISES Lease for Telecommunication Facilities Exhibit B -page 1 PROJECT SITE ATTACHMENT A OTA y WATER DISTRICT CRICKET COMMUNICATIONS AT OTAY WATER DISTRICT'S 458-1 &458-2 RESERVOIR SITE LOCATION MAP IMPERIAL BEACH IIICo:;:;c.ldc :J EEou .....L..o ~"0 ui~:9.cxW l-V) 0... ~0... EXHUUTJl ATTACHMENT B SnE LEGAL DESCRIPTION OTAY WATER DISTRICT #458M l&2 CRICKET COMMUNICATIONS SAN-757 651 POINT BARROW ORNE CHULA VISTA,CA 91911 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIPORNIA,COUNTY Of'SAN DIEGO,DESCRiBED AS FOLLOWS: THAT PORTION OF THE SOUTHWEST QUARTER OF THE FRACTIONAL SECTION 18,TOWNSHiP 18 SOUTH,RANGE 1,WEST,SAN BERNARDINO MERIDIAN,IN THE CITY OF CHULA ViSTA,COUNTY OF SAN DIEGO,STATE OF CALIFORlNA,ACCORDING TO U.S.GOVERNMENT SURVEY DESCRIBED AS FOLLOWS: THE NORTHERLY 180.00 FEET OF TI-IE EASTERLY 965.00 FEET,EXCEPTiNG THE EASTERLY 725.00 FRET THEREOF. EXCEPTING THEREFROM ALL GAS,OIL AND MINERAL RIGHTS,WITHOUT THE RIGHT OF SURFACE ENTRY,AS RESERVED IN THAT CERTAIN GRANT DEED RECORDED SEPTEMBER 15~1964 AS FILE/PAGE NO.168308 OF OFFICJAL RECORDS. ~~.~~-_._'-,'- Charles W.Clu'istensen,RCE 8195 IN 2006-73 08/1~ Date EXHIBIT B ATTACHMENT C PROPOSED EQUIPMENT/ANTENNA EASEMENT OTAY WATER OTSTRTCT #458-1&2 CRICKET COMMUNlCATIONS SAN·757 651 POINT BARROW DRiVE CHULA VISTA,CA 91911 A PROPOSED EQUrPMENT AND ANTENNA EASEMENT LYING WITHIN A PORTION OF THE NORTHERLY 180.00 FEET,OF THE EASTERLY 965.00 FEET, ..EXCEPTING THE EASTERLY 725.00 FEET THEREOF,IN THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 18,TOWNSHIP 18 SOUTH,RANGE 1, WEST,SAN BERNARDINO MERIDIAN,IN THE CITY OF CHULA VISTA, COUNTY OF SAN OTEGO,STATE OF CALIFORlNA,ACCORDING TO U.S. GOVERNMENT SURVEY.THE PROPOSED EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUfHEASTERLY CORNER OF THE ABOVE DESCRmED PARCRL;THENCE LEAVING SAID SOUTHEASTERLY CORNER,NORTH 46°48'31"WEST,226.12 FEET TO THE TRUE POINT OF BEGINNING;THENCE NORTH 87°55'52"WEST,12.67 FEET;THENCE NORTH 2°04'08"EAST,14.00 FEET;THENCE SOUTH 87°55'52"EAST,12.67 FEET;THENCE SOUTH 2°04'08" WEST,14.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PROPOSED EASEMENT CONTAINS APPROXIMATELY 177 SQUARE FEET,MORE OR LESS;I •..,-~",••,- Charles W.Christel1sen:;RCR8195~· IN 2006-73 08/18/06 Dute EXHIBIT B AITAQ-t.9IT D--.----.- PRPOSED EGl.JIPH:NTI ~EA,W.£NTmAYWATERDISTRICT#458-182~1O<ET ~ICATl<N3 SITE:SAN-757 SCALE l'=40' N 88°52'22"W23Q gg'"'··_··-"t~_~~~--_·__·I ~I J.....•·...-~~..."•--T1"~~_I '....~......S ~L PA:R1SED UTIL.ITYI'....~~,•~mfN3 "::.....•....~.._~-II:..,....,~_..~I ',.."'.......'·8§....1-~-...... " 1&1':POR 8W J/:;""-r~......<\'8...~.I .1Al~.f'AAC.age 18 "~...I .~~'I ,.188.R IW a.S.M.",~~~:I~ o ....•1.° Z,',t .g ",;r~~·.,~'T..'"1<>...._.. ,I' •"",I Ii""""'~;· •I....•I I , '--....~~.8Q..N)Nty (~ICAI....)III " --WI ---_~.__• _••.L..;.J-.. N 88°62'22"W240.05' FOXNY'a:E£OlrflUO UNIT NO.4 MAP NO.8eO~ ~0 d t:-08-18-00_o-w:u:s W,a-RISTEN3EN,R,C,E,8195 Date~~111 CHRISTENSEN ENGINEERING &SURVEYINGCIVILENGINEFJtSLANDSURVEYORSPLANNERS&S.7888 SILVERTON AV9IlIE.SUitt 'J'.SAN DIEGO.CALIF.ORNIA 5»2126 TElEPHONE'(858)271-5»5»01 ._~----~-~---FAX'(858)271-85112 9ATA T~ TN).DlfECTl<Jla 1 N B7°ele'52'W 2 N 02°04'08.E 3 8 87°56'52'E -4 S 02°04'08.W DJSTN«E 12.8'1' 14.00' 12,81'. 14.00' -_.....-.-------~-_c __• _..._........-................---.-••I ••I ........".--r..r"'MI-,1.1-'''''11._ .N ~-"::t••,,,...,.'Ion .""'.I In,.I EXHIBITC CRICKET DELAWARE TO LOCATE OTAY'S 458-1&2 ___(THE TO AGREEMENT BETWEEN COMMUNICATIONS,INC.,A CORPORATION AND OTAY COMMUNICATION FACILITIES AT RESERVOIR SITE,DATED _ "LEASE"). DEPICTION AND LEGAL DESCRIPTION OF TEMPORARY TRENCH EASEMENT Easement Requested? Easement Granted? DYes DYes o No o No IfEasement granted,complete the following information: For good and valuable consideration,receipt of which is hereby acknowledged,the Otay Water District,as Grantor,hereby grants to Cricket Communications,Inc.,a Delaware corporation,as Tenant,a temporary Easement to excavate,remove dirt and do any act necessary to install,operate and maintain power lines and connection lines as required in connection with the communications facilities and the antenna to be located on the Premises.The legal description ofthe land subject to the Easement is as follows: A drawing depicting the Easement is attached hereto.Tenant may not sell,transfer or assign the Easement herein granted to Tenant.Tenant's rights under the Easement are specifically limited to the installation of such power lines,transmission lines and other communications lines and accessories as required to efficiently operate Tenant's communication facilities on the Premises. Lease for Telecommunication Facilities Exhibit C -page 1 The Easement shall automatically terminate on the day that is thirty (30)years from the date ofthe Lease.However,if the Lease is terminated earlier for any reason,the Easement will become unenforceable and,for all purposes,terminate on the date the Lease is terminated. Grantor reserves the right to use the lands that are subject to the Easement in a manner such that it will not interfere with Tenant's use thereof. Grantor retains the right to remove,at Tenant's expense,from the surface of the Easement any item,structure improvement or portion thereof that interferes or conflicts with Otay's use ofthe Property. Tenant agrees to indemnify,defend and hold harmless the Grantor for any damage to property or person (including death)and any,claim,suit,action,cost or expense arising in connection with the Easement or Tenant's use or installation of any item,line,facility or other thing in connection therewith. Tenant agrees to maintain the portion of the Property subject to the Easement in substantially the condition it is on the date the Lease is executed,excepting only such changes as are accepted by Otay in writing. Lease for Telecommunication Facilities Exhibit C -page 2 EXHmITC PROPOSED UTILITY/COAX EASEMENT OTAY WATER DISTRICT #458~1&2 CRICKET COMMUNICAnONS SAN-757 651 POINT BARROW DRIVE CHULA VISTA,CA 91911 A PROPOSED 5.00 FOOT UTILITY/COAX EASEMENT LYING WiTHiN A PORTION OF THE NORTHERLY 180.00 FEET,OF THE EASTERLY 965.00 FEET, EXCEPTING THE EASTERLY 725.00 FEET THEREOF,IN THE SOOlHWEST QUARTER OF FRACTIONAL SECTION 1.8 TOWNSHIP 18 SOUTH.RANGE:1, WEST,SAN BERNARDINO MERIDIAN,IN THE CITY O'F CHULA VISTA, COUNTY OF SAN DIEGO,STATE OF CALIFORINA,ACCORDING TO U.S. GOVERNMENT SURVEY.THE CENTERLINE OF SAID PROPOSED S.OO FOOT EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE ABOVE DESCRIBED PARCEL;THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL,NORTH 88°52'22"WEST,20.00 FEET TO THB TRUE POINT OF BEGINNfNG;THENCE LEAVING SAID SOUTHERLY LINE NORTH 1°07'38" EAST,93.45 FEET TO THE BEGINNING OF A TANGENT 15.25 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY;THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAl..ANGLE OF 69°58'21",18.62 FEET; THENCE TANGENT TO SAID CURVE NORTH 68°50'43"WEST,146.60 FEET.-i""'-.'.~-"'-i-'~I,.F'Y',.-:.T._,. - i-p' THE SIDELINES OF SAID EASEMENT TO BE EXTENDED OR SHORTENED SO AS TO TERMINATE AT THE BEGINNrNG OF SAID EASEMENT ON THE SOUTHERLY LINE OF THE ABOVE DESCRIBED PARCEL AND AT THE END Of SAID EASEMENT ON A LINE WHICH BEARS NORTH 2°04'08"EAST. SAID EASEMENT CONTAINS APPROXIMATELY 1,293 SQUARE FEET,MORE OR LESS. .~t.J.d~,_ Charles W.Christensen,ReB 8195 IN 2006·73 08118/06 Date' EXHIBIT C PR()=l()SEI)UTILITY100AX EASEM:NT OTAY WATER DISTRICT tMSB-182 a:UO<ET CO+l.NlCATICN)SITE SAN-757 ...J=40S"'J NHOOD PO 1NT . UNJT NO.4 .MAP NO.8aO~ POR SW 114 f'RAC.e,eo JB T J88.fI JW S.S •M, N .-52'22"W:DUI9',----.-.----.--..........---.~-~~~----·----I I .--..MI1"BIN'\&"ASEM!NT • I j • :'--J :...l Ir-E PR(R)SEDI I JJ ...:;.:.......5'UTILITYI COAX ' coi,'tv _..."...'"..EAa::M:NT ••co lIiIQ"eAr..............I I\;..:"U'~........."...."YttJ'L ~....'",zi'e ...... -fir:).-,-.......'"".-...."~...........-.8...~ 18 .&1.1 ."I!O.p IS IZ I•I I II •l~I •IS I'W I ".~I • I :P I IS I I ZI I I I I___________.2.r!.E.~~Ie-.L.)I N 88°52'Z!"W240:ci:--- - - - -..~ 1R.E FlOINT--/ CF ElEXJI~IN3 ~I~: ~I~.'Isl Z,•I,, I .....--.-.....,----_..,,--..-- 08-18-08 a-wLES W.a-RISTENSEN.R.C.E.8195 Date~I]CHRISTENSEN ENGINEERING &SURVEYINGCIVILmGIHEERSLANDSORYEYORS'PLANNERS&S 7888 SILVERT~AvmJE.SUITE'J',SAM DIEGO,CALIFORNIA.92126 TELEPHONE'(858)271-9901 FAX'(858)271-8'12-...~~ -----._---.--••",7"7,.-=~-_-_-.~,._-.,---------_._------------,'..'--..--"-..__.._.~..~":,!;3 EXHIBITD CRICKET DELAWARE TO LOCATE OTAY'S 458-1&2 ___(THE TO AGREEMENT BETWEEN COMMUNICATIONS,INC.,A CORPORATION AND OTAY COMMUNICATION FACILITIES AT RESERVOIR SITE,DATED _ "LEASE") List ofAttachments to Exhibit D: Attachment A.Depiction ofthe Telecommunication Facilities Attachment B.Permits Lease for Telecommunication Facilities Exhibit D -page 1 • ATTACHMENT A EXHIBIT 0 ..•..;,_~u '.:.....~"',.~~',~_",,;: ===."=== PREPARED FOR 6160 CORNERSTONE COURT.SUITE 150 SAN DIEGO.CA 92121 ======== cricket" DATE DATE DATE DATE CONSTRUCTION R.f. APPROVALS ZONING .SITE ACQUISITION DTAY WATER DISTRICT 458 1 &2 RESERVOIR SITE 651 POINT BARROW DRIVE CHULA VISTA,CA Q1911 SAN-757 ===::====VICINITY MAP CONSULTANT TEAM .PROJECT SUMMARY SHEET SCHEDULE OWNER APPROVAL DATE NOTE:-nt~e.. THERE ARE CURR£NTLY-Fe\H!EXlSnNG TEU:CUlIMUNICAnOHS FACIUTIES ON THE SITE.(SPRINT,tlIIl'lR T-II081LE I:'~ LEGAL DESCRIPTION: A PllRT10H OF 1ltE EAST NALF OF THE SOUTHWEST QUARTER OF SECl10N 18,TOWNSHIP.18 SOUTH,RANGE 1 WEST,SAIlIl£RIWlDINO lIERIDlAN,IN THE CIlY OF t:HUIA VISTA,COUNTY OFSANDIEGO,STATE OF CAUFORNlA,ACCORDING TO THE OFFICIAlPLATlREREOF. PREUM ZO REVIEW (AO) rJNAL ZO PREVIEW (,1.0) SUBMITTAL SET (M) OWNER COMMENTS (..w) ANTENNA REVISION (rew) ANTENNA -REVISION 2 (job) 12/,./05 01/05/06 01/27/06 03/08/06 03/10/06 03/21/06 PROJECT NAME OTAY WATER DISTRICT @ 651 PROJECTS\cr1ckef\SAN757Zd\SAN757:zT1.0WG PROJECT NUMBER SAN-757 TiTlE SHEET & PROJECT DATA DRAWING DATES 651 POINT BARROW DRIVE CHULA VISTA,CA 91911 SAN DIEGO COUNTY SHEET TITLE =====1==== ============== ======== ======::===::::::;== 1lTLE SHE£!'I;PROJECT DATA SITE PIAN I:GENERAL SPEClIlCAnDNS SITE unUZATION PIAN EQUIPlIEHT PIAN I:ELIVATlOII EXTERIOR ELIVA110NS EXTERIOR ELIVA110NS APPLICABLE CODES AU.WORK SHALL COMPLY WITH THE FOUDWING APPUCABLE CODES: CAUFORNIA STATE BUILDING CODE,2001 EDmON,T1TLE 2. UNIFORW 8UIlDING CODE,2001 EDmON UNIFORII PWlI81NG CODE,2001 EDmON UNIFORII "£CNANICAl CODE,2001 EDITION NAnDNAL ELECTRiCAl CODE,2001 EDITION IN THE £VENT OF CONNCT,THE WOST RESTRlcnVE COOESHALLPREVAIL. T-I A-O A-O.I A-I A-2 A-3 151 POINT BARROW DRIVEt:HUIA VISTA,CA 91911 144-221-&0 I:8B 11-1,PlANNm COIAIUNITY 0.99 ACRES=~.12.SF 70 SQ.n. WE y,NON-RA)Tm(UNSPKlNKlERED NOHE (OUTDOOR RADiOEQUIPlIENTCABINETSOHLY) APPUCANT: OWNER: PROPOSED ·PROJECT AREA: TYPE Of CONSTRUCTION: ASSESSORS PARCEL HUMBER: EXISTING ZONING: TOTAL SITE AREA: PROPOSED OCCUPANCY: PROJECT ADDRESS: CRICkET COMNUNlCAnONS 8160 CORNERSTOHE COURT,STE.150SANDIEGO,CA 92121 cONTACT:DAVID f'UTIW,f .(925)3204-S360 OTAY WATER DISTRICT ~SWEETWAtER SPRINGS BOULEVARD SPRING VAUEY.CA 91978 COKTACT:DAN KJONEGMRD '(619)670-2269 PROJEtT DESCRIPTION: •INSTAUAllON or ONE nu:COIAIUHtCA11OHS CABINET.ONAPROI'OS£O RAlSf!I mEl.PLAlFOItli ON GRAUE lEVELINSlIlEANEWCO/!!lilETE 8l.OCK ENCLOSURE •INSTAUAllON or"THRtE AIlI£NNA SECTORS OF ONE AIlI£NNAft~P=~~NAS)..OUNTEO ON A s"DIAMETER x •INSTALlAllON or'A NEW 200 _IUCTRICAL SElMCE FRON~lcAL 'I1lANSFORl4ER TO REPlACE .AN EXISTING .INSTALlAnOlfOf"A NEW T£I.CO SERVICE CONNEcnDN FROIiEXISTIHGm.co PEDESTAl •NO lANDSCAPE OR IllRlGAnoN IS PUIINtD FOR 1HtS PROJECT ELECTRICAL CONSULTANT: WALTER D.CAWP.ELECTRICAL ENGINEER,PE 1880 SHED'RANCH LOOP CHUlA VISTA,CA 51913 (619)9~-ISIS . ..,,',. ARCHITECT: WIlI.WoI BOOTH I:ROBERT SUAREZ ARCHITECTURE I:PlANNINGp.o.lOX ~651 CARlSlIAD,CA 92018 (760)~.-lU7. (760)U4-8596 (FAll) SITE ACQUISITION: ..ERIDlAN 1El.£CO",INC. SI60 toRHERSTONE COURT.SUITE 150 SAIl DIEGO,CA 82121 CONTACT:FRANKUN OROZCO(119)&32-2569 (BSB)777-3518 (FAll) STRUCTURAL CONSULTANT: ALEX BROWN £NGIII££RING.t3S OLDHAW COURT £NCIHITAS,CA 9202. (760)9~7H6 (760)9~-7866 (FAll) THOMAS GUIDE PAGE:1330-J4 ADDRESS: 651 POINT 8ARROW DIiM: CllUlA VISTA,CA 91911 COORDINATES (NAD 83): IAmuD£:32'36'21l.S03"NORTH 1.OHGITIlDE;II,.01'33.179"WEST ACCESSIBILITY DISCLAIMER THIS PROJECT IS AN UNOCCUPIED W1R£l!SS PCST£l.ECO....UNICAnONS FACIUTY AND,ACCORDING TO WRITTEN INTERPRETAnON FRO"1ltE CAUFORNIA DEPARTloIEHT OF THE STATEARCHITECT,IS EXNPT FRO..DISABlED ACCESS REQUIRElfEHTs. T-1 GENERAL SPECIFICATIONS ,",j,:'-' DATE DATE DATE DATE DATE .... PRELIM 20 REVIEW (AD) FINAL ZO PREVIEW (AO) SUBMITTAL SET (A') OWNER COMMENTS (rew) ANTENNA REVISION (rew) ANTENNA REVISION 2 (jab) 12/14/05 0'/05/06 0'/27/06 03/08/06 03/10/06 03/21/06 A-O PROJECTS\cricket\SAN?S7Zd\SAN757zAO.DWG SITE PLAN :==== SHEET TITLE OTAY WATER DISTRICT @ 651 6160 CORNERSTONE COURT.SUITE 150 SAN DIEGO.CA 92121 DRAWING DATES SAN-757 PROJECT NUMBER PROJECT NAME PREPARED FOR 651 POINT BARROW DRIVE CHULA VISTA,CA 91911 SAN DIEGO COUNTY SITE ACQUISITION ZONING CONSTRUCTION R.r. APPROVALS OWNER APPROVAL ====::==== =======::======= ===:===== =======::======== =======::======== =======::======== SWXM StEEr IEPLND All COfClfnCltetO CONJIUCnRi..........ASSOCWION420tLNWtEnECOffER DfWE QWITI.Cf,""20151-18 a.P ~I5mUT'EFtIt I.A1H NIl PUiSl'tR""'_....sr.PAIR.,WI a5114-14Oe f£Jl "ntElATEST EDmON_11ONS1lUSSORwtDE~CQOES .. ~ S.THE CXJKfMC'ItlRSIWJ.INCUJDE IN HIS OR HER !II AU.""T'ERI,I,I,S,£04.JI>WEJfT,AF'flUnEtW«:£sN«J LA80R NECDSIRf TO00I0f'\..ETE1ME WORK AS IDCmD CIA IAJED BYTHESE:............ PROPRIETARYINFORMAllON 1.THE LATEST EDmoN Of'THEAIIfRICAN lN5TTM'E or MCti1'IC'JSDOCWEHTA201-1iUGAL COHM1OHS Of'1M[COH11W:T ftlRCXlNSIRUCTlOtf"Nt!INCl.UOm IN 1HES£sPEClf'lCA.T1ONS AS IfCOUf'L['l'U't REPftOQucm JODH. 2.nils F'N:Urf IS AH UHOc::C:uPIED PCS lUll:O!IlWlJNlCA11OHS sm AHO IS EXEWPT FltOW 0ISHll.£D .IO;f;SS REOOIRDIOfTS. ..PRIOR 10 ,3, 24.tHE CEHEJW..cotnR.fCIOR WST PERF'ORN WORK DtJI!NGPROPERtYOWNER'S PNFERR£D HClU5 TO AWl!DSRtPnOH OF.......:OI:TM1Y. 25.AU.EXPOSED UEtAL stWJ.lIE HOT-OFPED GALYNIZED. 2L stM.AlL PEI£I'RA1IoHS 1HROUGH f'IlE.-RA1m ASSDalES WI1HUJ.USTm OR.FR:IWtStW.N*PRCMD "'-lERIALS OF1l£~lEM.11NQ FeR 1t£ASSEUEl.'r'VlHOIE PEHElRA.tIOHSooevR. 'L IL EXISTING STRUCTURE EXISTING STRUCTURE , I I I EXISTING CONCRETEHEADWALLTOREMAIN EXISTING T-MOBILEEQUIPMENTENCLOSURE EXISTING NEXTELEQUIPMENTENCLOSURE PROPOSED UTIUTY PULLBOX(TYPICAL OF J) EXISTING :1.0'-0.WIDEACCESSEASEMENT ,, .'REPlACE EXISTING SOG&E TRANSFORMER,(POWER SRV/CE CONNECTION) JJ'-l EASEMENTS: NO EASEMENTS ARE SHOWN WHICH REF1LECTS PRELIMINARYRECORDSRESEARCHOFRECORDEDPARCELMAPS. EASEMENTS ARE SUBJECT TO REVIEW OF FINAl.nnLE REPORT PROPERTY UNE (lYPICAL) ,, I,, I 23'..1.J- CRICKET COMMUNICATIONS TELECOMMUNICATIONS TRANSMITTERFREQUENCIESANDPOWERlEVELS: 1850-1990 MHz BAND WlDlH :1.00 WATTS ERP PER SECTOR ;; <Il ..l:;~~---EXISTING ROWNG GATE I ;0 r----~!-'(ADJACENT PROPERTY ;;,UNE (lYPICAL) III I ,,----EXISTING UNDERGROUND OVERFLOW DRAIN PIPES•FlELO \l£RIFY LOCATIONS \\J)~I>:----TOP OF SLOPED EMBANKMENT EXISTING lANDSCAPETREESTOREMAIN ~/--\;-\\'-'!:-f---EXISTING T-MOBILE ANTENNAS IIOUNTED TO WATER TANK r 1; III EXISTING STRUCTURE REPLACE EXISTING 2-cANG METERPEDESTALWITHNEWMETERGROUP EXISTING SPRINT EQUIPMENT ENCLOSURE ~EXISTING STRUCTURE --------------j----I-----:t T... I !,I 'jwi~ia,!°1 1;izj SITE PLAN lICALE:'''1/14' r--------~,, I,, I,, I PROPOSEO CRICKET COMMUNICATIONS EQUIPMENT CABINET\\ON RAlSEO STEEL PLAT1'ORM INSIOE A PROPOSEO CONCRETE BLOCK ENCLOSURE ON GRAOE (SHOWN \SHAOEO).SEE SHEET A-I FOR EQUIPMENT PlAN\I EXISTING 7J'-0·HIGH CROWNR~-~~D \/~O=~Wprr1T~~~ON ,.SETBACKr '\S<CTOR C 1/ -•r~~~~R~~~I~\~IM.J4O"SECTOR A /'./(VERIZON &AT&T) •!i!"'T---~~'_='_='_*'I'''_'"''''~''f:_''''.",_"".",_""",_""_=,_=,_,,,\~===.;.,_",."_,.,.,,_,.;.N:;,_,:;~:;;,:,,..;;;~2~:,,;_2;:.2_;,,·.,;."!...;,..,.~••__~.,,_,.;~;;;':;,~.;;;~;,9'"_,,.._=._=AZ~IM=UTH,..,.~7=lT=~-,.,.,.;,/~'=.....,.==t_"""~,........,,__...<;'7'~;1+-----JIi---r-.L-¥=-~-;--~-I-~-q @ =:.sS~~tfmm=---i±I---f--------, TO WATER TANK g i gi-i ! EXISTING B'-0.HIGH CHAINUNK F<NCE EXISTING COAXIAL CABLE ---t~--1---+-----­TRAY ROUTE ON TOP OFWATE!l TANK EXISTING SPRINT ----jl!--~c_---/ANTENNAS IIOUNTED ITOWATERTANKI I EXISTING T-IIOBILE---+---11-------" ANTENNAS MOUNTED I " TO WATER TANK I '/'// I ,/ I .,,/II :~EXISTING ASPHIALT PAVING~.//"IllI • I I.i~~----+~--L_-_-_------~~~_II'i'~~..//2~t:i ._._._._._._._.._._._._./ (ij '-NSErS2;2i;-iv-'-'-'-'-'-'-.-.-·:-'-=·-~:I.~·40;:-:';;05~:"'-"'·"f'====----------r----O!t--;;::;-¢-- PROPERTY UNE (lYP1CAL) PROPOSED CRICKET COMMUNICATIONS ANTENNAS MOUNTEDTOAPROPOSED6"DIAMETER ,14'-0·HIGH STIEEL POLE. POLE,ANTENNA,MOUNTING BRACKET AND ALL EXPOSEO COAXIAL CABLE SHAll BE PAINTED BROWN.SEE SHEETSA-2 &A-J FOR EXTERIOR ElEVATIONS - ) - O-I.OWG I DATE DATE DATE DATE DATE APPROVALS DRAWING DATES PRELIM 2D REVIEW (AD! "NAL ZD PREVIEW (AD SUBMITTAL SET (AA)) WNER COMt.4ENTS (rew~NTENNA REVISION (rew) ANTENNA REVISION 2 (jab 12/14/D5 Dl/D5/D6 DI/27/06 D3/08/D6 03/1D/D6 03/2'/06 ZONING SITE A.CQU!SITION R.F. CONSTRUCTION SHEET TITLE 757~d\SAN757zAPROJECTS\crickel\SAN .. 6160 CORNERSTONE ~~U~~'1 i,UITE 150SANDIEGO. ====::== A-O.1 ====::==== PREPARED FOR SITE UTILIZATION PLAN ======~::===== PROJECT NAME OTAY WATER DISTRICT @ 651 PROJECT NUMBER SAN-757 BARROW DRIVE651POINTCA91911CHULAVISTA. SAN DIEGO COUNTY =======::====== OWNER APPROVAL ===::=== ====::== ====::==== EXISTING SINGLE-F,oJ,lILriEmw.HOMES,PLANNED RESIDEVELOPMENT SECTOR AAZIMLITH7fT..L-.:...._ POINT DRIVEMORRO EXIST1NG CROWN CASTlEEQUIPMENTBUILDING f;;~IIf£~~T-MOBILE EQUIPMENT EXISTING 58'DIAMETER •32'-0" HIGH WATER TANK EXISTING NEXTEL EQUIPMENTENCLOSURE UNDEVELOPED OPEN SPACE -"OPER1Y~-EXISTING UNDEVELOPED PRCIAL,SUN BOW ,/ZOHING:PlANNED CO~ERUMfTED COMMERCIAL/S.P.A.,OPEN SPACE~AND INOUSTRIAL-SECTOR CAZIMLITH34Q" SITE UTILIZATION PLANICWJ!:,..'DIl'.(I' EXISTING CROWN CASTLE-\ 73'-0"HIGH MONOPOLE \ EXISTING SPRINT --E\\ EQUIPMENT ENCLOSUR '\\.\~-=::-;:;;;;;;;;;C;CO:o.M~MUiuN;jiICACAiiniOoN;NSUANTE;miiiNNASNASlPROPOSEDTg~c~WOPOSED S"DIAMETER •Ig~2~,~~NTED~"~H~IG~H~STEEL~~PO§LE~;';;;';;;;=~~~~l~~UNICAnONS EQUIPMENTPROPOSEDCRICKETCOMPLAlFORMINSIDEA CABINET ON RAISED ~K ENCLOSURE ON GRADEPROPOSEDCONCRETE (SHOWN SHADED), SECTOR BAZIMLITH27(F.. ANTENNA AND COAXIAL CABLE SCHEDULE SEtTOO DIREC1lON AlI.un M41tNNA YODEL NUMBER OOWNlllT SERW.,t«JI.IBER HUMBER co.o.xu'N~U JUt.lPER COAX SIZEootNNAOF'CABlES lINGTHPERSECTOR(+/ -5')(+/ -J')"FAST 70-CSt.PCS'03J-I6-02 0-2 20'6'-0·7/B"B,WEST 270-~PCSX065-13-02 0-2 20'6'-0·7/B"e,NORlH 3<0'~PCSX'065-13-02 0'2 20'6'-0·7/B" =======::======= OATE OATE OATE DATE DATE PRELIM ZO REVIEW (AO) FINAL ZD PREVIEW (AO) SUBMITTAL SET (AA) OWNER COMMENTS (rew) ANTENNA REVISION (rew) ANTENNA REVISION 2 (job) 12/14/05 01/05/06 01/27/06 OJ/oa/06 OJ/IO/06 03/21/06 APPROVALS DRAWING DATES 6160 CORNERSTONE COURT,SUITE 150 .SAN OIEGO,CA 92121 ZONING SAN-757 cricltet c PROJECT NUMBER PREPARED FOR OTAY WATER DISTRICT @ 651 PROJECT NAME R.F. 651 POINT BARROW DRIVE CHULA VISTA,CA91911 SAN DIEGO COUNTY OWNER APPROVAL CONSTRUCTION SITE ACQUISITION ================ ===::=== =======I:======= CDI'" ~ " J(- 6"OIAIolErnl 14'-0"~HIGH STEEL ~lf:.PAINT /__POlf:BROWN. -'j<--rrrrrv EQUIPMENT ELEVATION 1ICN.E:....1'oO" --X I II;.,·','-- A/\I \ ----....-...........-............................................ ..........-.....--..... ~\ 1 I Il SECTOR A \AZIMlJTlj 7fT i \.,/\ /\ x --X --X --X --X --X-- 20'-0"10'-a" {}--\ oI~ SECTOR BAZIMlJTlj27fT.~ o -X--X--X EQUIPMENT PLAN CM211f1o1'00" KEYED NOTES: A-1 EQUIPMENT PLAN & ELEVATION PROJECTS\crlckel\SAN757::l:d\SAN7577.A1.DWG SHEET TITLE =======:1 ======= =======I:======= ====::==== 1 PROPOSED PANa ANTENNA6.a"WIDE •54"LONG.3,5·DEEP ""'--PROPOSED ANTENNA MOUN11NG BRACKET III :illII !WI--------'i<- II IllillJITTj"T~~PROPOSED COAXIAL CABLE-,.,-+-""",iIi i V ON UNISTRUT SUPPORTS ,_~II,I !Iii 'j BANDED TO NEW POlf: I I II PROPOSED EQUIPMENT ENCLOSURE WAlL 1.POlf:,ANTENNA,COAXIAL CABLE,SUPPORT FRAIolE AND BRACKETSSH.4U BE PAINTED BROWN NOTE: PROPOSED CUT IN ASPHALT CURB FOR DRAINAGE PROPOSED GRAVEL DNERTER EXISTING a'-0·HIGH CHAINUNK FENCE EXISTlNG ASPHALT CURB EXISTING ASPHALT PAVING AUGN EXISTING TREE TO REIolAIN EXISTING SPRINT EQUIPMENT ENCLOSURE PROPERlY UNE PROPOSED COAXIAL CASlf:MOUNTED TOENCLOSUREWAll PROPOSED CRICKrr COIO"UNICATlONS CMO EQUIPMENT CABINET.52·WIDE •30"DEEP •55·HIGH.WEIGHT:2600 lBS. PROPOSED CRICKET COIIIolUNICATlONS ANTENNAS MOUNTED TO APROPOSEDa·DIAIolErnl x 14'-0"HIGH STEEL POlf:.POlf:,ANTENNA,MOUNTING aRACKrr AND All EXPOSED COAXIALCABlf:SH.4U BE PAINTED BROWN PROPOSED TElCO CABINET MOUNTED ON CONCRETE aLOCK WAlL PROPOSED PPC CABINET ON CONCRETE BLOCK WAlL PROPOSED UNOERGROUND UTlUTY CONDUITS PROPOSED RAISED STEEL PLA1FORM PROPOSED a'-a"HIGH CONCRrrE BLOCK WALL TO IolATCH EXISTING SPRINT ENCLOSURE PAINTED UGHT SAND COLOR PROPOSED STEEL OOUBlf:LEAF GATE TO IolATCH EXISTING SPRINTENCLOSUREWOODGATE PROPOSED GPS ANTENNA MOUNTED TO CONCRETE BLOCKWAll ·'~--EXISTlNG IlERIZON ANTENNAS i EXISTING AT&T ANTENNAS 73'-0'HIGH MONOPOLE ======::======= )1 I . DATE DATE DATE DATE PREPARED FOR 6160 CORNERSTONE COURT.SUITE 150 .SAN DIEGO,CA 92121 SITE ACQUISITION APPROVALS ZONING CONSTRUCTION R.F. ===::=== EXlS11NG NEXTEL EQUIPMEm SHELTER r-EXISTING T-MOBILE ANTENNAS/!/-EXISTlNG IDO'DIAMETER WATER TANK/EXISTING SPRI"IT ANTENNAS ~r[~r-T~----l-----r------T------------------------------:-~~~-I--lrlf~-1i ~-Ji Ii I Ii I I I 'I'I I!1:1II,,.I ,I IIIPROPOSEDCRICKETCOMMUNICATIONSEQUIPMEm CABINET ON RAISED STEEL PLAlFORM INSIDE A NEWCONCRETEBLOCKENCLOSUREONGRADETOtMTCHSPRI"IT ENCLOSURE (SHOWN SHADED) EXlSTlNG GRADE (427.1'At.4SL) oI~ EXISTING TREES TO REl.IAIN~.'('m>ICAL)~.., TOP DF CRICKET COt.4MUNlCAl1ONS ANTENNAS PROPOSED CRICKET COMMUNICATIONS A"ITENNASMOUmEDTOAPROPOSEDS"DIAMETER •,4'-0'HIGH STEEL POLE.POLE.ANTENNA, MOUNllNG BRACKET ANO ALL EXPOSED COAXIAlCABLESHALLBEPAlmEDBROWN DATE PRELIM 20 REVIEW (AD) "NAL ZO PREVIEW (AO) SUBt.l1TTAL SET (AA) OWNER COMMENTS (rew) ANTENNA REVISION (rew) ANTENNA REVISION 2 (jab) 12/14/05 01/05/06 01/27/06 03/0B/06 03/10/06 03/21/06 A-2 SHEET TITLE PROJECTS\crickel\SAN757zd\SAN7572:A2.0WG EXTERIOR ELEVATION OTAY WATER DISTRICT @ 651 DRAWING DATES PROJECT NUMBER PROJECT NAME SAN-757 651 POINT BARROW DRIVE CHULA VISTA,CA 91911 SAN DIEGO COUNTY OWNER APPROVAL ===::=== ===::=== ================ ===::==== ======::======= EXIS11NG 100'DIAt.4ETER WATER TANK EXIS11NG GRADE (427.1'At.4SL) PROPOSED CRICKET COt.lNUNICAl1ONS EQUIPMEmCABINETONRAISEDSTEElPLAlFORMINSIDEANEW CONCRETE BLOCK ENCLOSURE ON GRADE TO MATCH SPRI"IT ENCLOSURE (SHOWN SHADED) EXIST1NG SPRINTANTENNAS PROPOSED CRICKET COt.lMUNlCA110NS ANTENNASMOUmEDTOAPROPOSEDS"DIAt.lETER x14'-0"HIGH STEEL POLE.POLE,ANTENNA,MOUNllNG BRACKET AND ALL EXPOSED COAXIAl CABLE SHALL BE PAINTED BROWN TOP OF CRICKET COMMUNlCA110NSANTENNAS EX1S11NG T-t.40BlLE ANTENNAS VEXlSTlNG 73'-0'HIGH MONOPOLE EXIST1NG AT&T ANTENNAS r-EXIS11NG Vt:RIZON ANTENNAS [11/WEST ELEVATIONIICM.E:lAl'ol'-II' EXIST1NG NEXTEL_________ ANTENNAS ......,. NORTH ELEVATION IICM.E:"""'-11' "--_....:.-_------------------------------------ PREPARED FOR 6160 CORNERSTONE COURT,SUITE 150 ,SAN O/EGO,CA 92121 ====..==== TOP OF CRICKET COMMUNICATIONS ANTENNAS PROPOSED CRICKET COMMUNICATIONS ANTENNAS MOUNTEDTOAPROPOSEO6'DIAMETER.1.'-0'HIGH STEa POLE. POLE.ANTENNA.MOUNTING BRACKET AND ALL EXPOSEDCOAXIALCABLESHALLBEPAINTEDBROWN ~EXISTING T-MOBILE/ANTENNAS/'I /-EXISTING 100'OIAMETER WATER TANK /./.. ,~-EXISTING SPRINT.~..~(-~ 'I;1 i !I i!!II i .11 Ii I I~I NOTE:EXlSTING 68'-0"DIAMETER WATERTANKANDEQUIPMENTENCLOSURESINFOREGROUNDNOTSHOWNFORCLARfJY PROPOSED CRICKET eot.tMUNlCATIONS EQUIPMENTCASNETONRAISEDSTEaPLATFORMINSIDEANEW CONCRETE BLOCK ENCLOSURE ON GRACE TO MATCHSPRINTENCLOSURE(SHOWN SHADED)-=======II ======= EAST ELEVATION lICAI.E:W'-l'-G" APPROVALS R.F'.DATE ZONING DATE CONSTRUCTION DATE DATE DATE PRELIM ID REVIEW (AO) FINAL ID PREVIEW (AD) SUBMITTAL SET (AO) OWNER COMMENTS (rew) ANTENNA REVISION (rew) ANTENNA REVISION 2 (job) 12/14/05 01/05/06 0'/27/06 03/08/06 03/10/06 03/21/06 PROJECTS\crlcket\SAN757Id\SAN757zA3.DWG DRAWING DATES DTAY WATER DISTRICT @ 651 EXTERIOR ELEVATION PROJECT NAME SHEET TITLE SITE ACQUISITION PROJECT NUMBER 651 POINT BARROW DRIVE CHULA VISTA,CA 91911 SAN DIEGO COUNTY SAN-757 OWNER APPROVAL =======::======= ===::=== =======::======= =======II ======= h±:';'::';';" 1:!i;:!H!!:.i I;••::.II::i.::!'--------" EXIST1NG T-MOBILE-.I EQUIPMENT SHELTER EXIST1NG AT&T ANTENNAS EXISTING VERIZON ANTENNAS EXIS11NG 73'-0'HIGH MONOPOLE EXISTING 100'olANETER WATER TANK /IN FOREGROUND (SHOWN DASHED FOR /CLARnY) ------------------------------l I I I III I II I I I I I I I I Ii I ,I iI,i III!I EXISTlNG NEXTEL ANTENNAS r------------ I I EXISTING SPRINTEQUIPMENTENCLOSURE PROPOSED CRICKET Cot.tt.tUNICATlONS EQUIPMENTCABINETONRAISEDSTEELPLATFORMINSIOEANEWCONCRETEBLOCKENCLOSUREONGRACETOMATCHSPRINTENCLOSURE(SHOWN SHADED) ./EXISTING 100'olAl.lErER WATER TANKINFOREGROUND(SHOWN DASHED FOR CLARITY) r2-c~c-----------------------------------~~k~----, I)~r ""I(,1 I EXISTlNG lREES TO~t J ir:P:::R~O~POS=ED:-:::CRl=C~KET=-CO=M,.,M,."UN".ICA=l1ONS~~ANTEN=,.,NAS=..,M..,O,."U~NTED='""1 RElIAJN (TYPICAL)I TO A PROPOSED 6'DIANETER •1.'-0"HIGH STEa POLE."I POLE.ANTENNA.MOUNTING BRACKET AND ALL EXPOSED ,J I,I COAXIAL CABLE SHALL BE PAINTED BROWN /)I 1\r ......,I TOP OF CRICKET COIIMUNICATIONS ~)~I ANTENNAS (~',I I~',-PROPOSED SllEEL c;',J I;1,2,CATES TO MATCH .I-'?'SPRINT ENCLOSURE '-~,,-0 Ii[j'~V-'~l '~L'-~V\~;! :II'~ii II/in IIIIIi I =======II ======= SOUTH ELEVATION lICAI.E:W'-l'-G"A-3 EXHIBITE CRICKET DELAWARE TO LOCATE OTAY'S 458-1&2 ___(THE TO AGREEMENT BETWEEN COMMUNICATIONS,INC.,A CORPORATION AND OTAY COMMUNICATION FACILITIES AT RESERVOIR SITE,DATED __--,--__ "LEASE") Memorandum ofLease Check one option. o None. o See Attached. Lease for Telecommunication Facilities Exhibit E -page 1