WHEREAS, Resolution 88-04 resolution adopting District policy regarding the subdivision of land within the San Felipe Project direct distribution system in Zone 6 provides for the expansion or extension of the San Felipe Project’s direct distribution system to parcels of five (5) acres or more intended to be or currently served by the District’ s direct distribution system; and

WHEREAS, experience has shown that certain modifications to that policy are necessary; and

WHEREAS, experience has shown that subdivision regularly reduces parcel sizes to the extent that the current delivery meters are larger than necessary and inappropriate for accurate metering and operation of the District system.

NOW, THEREFORE BE IT RESOLVED by the Board of Directors of the San Benito County Water District that:

1. Resolution No. 88-04 is rescinded.
1. The landowner shall be responsible for the extension and/or modification of the District’s distribution system to provide service to all parcels of five (5) acres or more resulting from the subdivision of the lands currently served or intended to be served by the District’s San Felipe Distribution System.
1. The landowners shall fulfill their responsibility to extend and/or modify the District’s distribution system at the time of the subdivision of the land and prior to recordation of the Final Map.
1. The extension and/or modification of the District’s distribution system shall be coordinated with San Benito County to the maximum extent practical.

1. The location, design and specifications of all extensions, additions and modifications to the District’s San Felipe Distribution System shall be determined solely and conclusively by the District except as expressly provided herein;
2. The design and construction shall be in strict accordance with District regulations and specifications then in effect and shall be reviewed and approved by the District Engineer. The cost of design review including, but not limited to facilities, land rights, document preparation and administration shall be borne by the landowner. The charge will be in accordance with District Rules and Regulations from time to time in effect.
3. The landowner design submittal shall include a list of all materials (pipe fittings, valves, etc), proposed for the project.
4. All materials shall meet the District’s regulations and specifications then in effect and be approved by the District Engineer.
1. All extensions, additions and modifications shall be installed by the District at the landowners expense unless the landowner elects to undertake the installation.
2. The landowner, at the landowners expense, may have the facilities installed by a competent and experienced contractor who is licensed for the construction of water facilities by the State of California and approved by the District Engineer and shall indemnify and hold the District harmless from any personal injury, death or property damage resulting therefrom.
3. The District reserves the right to construct, with its own personnel or by contract, taps on existing pipelines and extensions involving complicated connections to or interference with the District’s facilities; such construction shall be at the landowners expense.
4. All facilities constructed in accordance with these regulations shall, upon acceptance by the District, become the property of the District and shall there after be operated and maintained by the District as a part of the San Felipe Distribution System.
5. New facilities shall be located only on land owned by the District in fee, in a public street or highway right-of-way or an easement granted to the District within an area satisfactory to the District.
6. The landowner will cause to be conveyed or granted to the District without cost to the District such land and/or easements as the District determines to be necessary for the extension, addition or modification of the San Felipe Distribution System.
7. All materials and construction undertaken by the landowner shall be inspected by an inspector designated by the District Engineer. Costs and expenses of said inspection shall be in accordance with District rules and regulations and shall be borne by the landowner.
8. Designs, drawings, material lists and land and easement descriptions may be included in the subdivision map and improvement drawings required for the subdivision by San Benito County. This landowner cost reduction measure shall be subject to the prior approval of the District Manager.
9. Where the modification of the distributions system require the replacement of existing valves and meters the landowner shall be credited the salvage value of the valves, fittings and/or meters as determined solely and conclusively by the District.

NOW THEREFORE BE IT RESOLVED by the Board of Directors of the San Benito County Water held on Wednesday, July 29, 1998 by the following vote.

AYES: DIRECTOR Rupert, Gonzales, Perry, Buzzetta, Swanson

NOES: DIRECTOR None

ABSENT: DIRECTOR None

/s/ Robert M. Swanson .

Robert Swanson, President

ATTEST: /s/ Janet L. Torres .

Janet L. Torres, Administrative Services Officer