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HomeMy WebLinkAbout08/12/87 AGENDA WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, AUGUST 12, 1987~ 12:00 P.M. - NOON DEPARTMENT OF COMMUNITY SERVICES CONFERENCE ROOM 4101 TRUXTUN AVENUE Call meeting to order. Roll call - Board Members: Moore,.'Chairman; Ratty, Salvaggio 1. Approve minutes of special meeting held May 4, 1987. 2. Scheduled public statements. 3. Correspondence. 4. Agreement between Texaco Inc., North Kern Water Storage District and the City of Bakersfield and supplemental letter agreement between North Kern W.S.D. and City establishing terms and conditions for diverting oilfield discharge water into the Beardsley Canal. FOR BOARD ACTION and RECOMMENDATION TO CITY COUNCIL. 5. Request for Declaration of Surplus City Property along the Carrier Canal located northeast of Chester Avenue and West Columbus Street containing approximatelY .7 acres. FOR BOARD ACTION and RECOMMENDATION TO CITY COUNCIL. 6. Acquisition of two water well sites for Ashe Water Service Area. One located near Panama Lane and Stine Road and the other at Old River Road and Camino Media Drive. FOR DISCUSSION ~ and BOARD ACTION. 7. Mainline Extension Agreements for various locations. FOR ~. BOARD INFORMATION. , 8. Mainline Extension Agreement refund reassignments. FOR BOARD INFORMATION. ~' 9. Staff con~nents. ~. 10. Board comments. 11. Adjournment. AGENDA WATER RESOURCES ~COMMITTEE MEETING WEDNESDAY, AUGUST 12, 1987 - IMMEDIATELY FOLLOWING ·WATER BOARD MEETING Councilman Rollie Moore - Chairman Councilman Donald K. Ratty Councilman Mark Salvaggio 1. Update on conceptual plan for Rio Vista and Kern River Parkway: a. Status of biological assessment. b. Status of input from special interest groups. SPECIAL MEETING WATER BOARD- CITY OF BAKERSFIELD MONDAY, MAY 4, 1987 12:00 P.M. - NOON ~ The meeting was called to order by Chairman Moore in [ .... the Community Services Department ConfeCence Room. The secretary called the roll as follows: Present: Moore (Chairman); Salvaggio Absent: Ratty The minutes of the Special Meeting held March 12, 1987 were approved as presented, with comments made by Mr. Moore. Mr. Moore had a question as to whether the minutes needed a motion for approval. Assistant City'Attorney Alan Daniel will report back on the legal requirements for this. A letter from Rosedale Rio-Bravo W.S.D., dated April 17, 1987 was brought before the Board by. Mr. Bogart. Mr. Bogart inquired of Alan Daniel if a response was necessary. Mr. Daniel said the letter was written in a manner such that it did not require a response by the Water Board. Mr. Daniel recommended no response be made at this time and that the letter-be received and filed. i'/' Two Mainline Extension Agreements with Tenneco Realty t Development Corp. in the amount of $51 426 77 were brought ! .... before the Board by Mr. Core for information only. An agreement between City and Stockdale South Corp., for construction of water facilities in-lieu of paying availability fees, was presented before the Board by Mr. Core. After discussion, a motion was made by Mr. Sa~vaggio to recommend approval by City Council. The motion passed. The .r~equest from Kern-Tulare W.D. to sell a portion of its 1987 City Basic Contract water to Cawelo W.D. was brought before the Board by Mr. Bogart. Since documents were in order, Mr. Bogart recommended authorization of' request. A motion for authorization was made by Mr. Salvaggio, The motion passed. The meeting adjourned ja~--12.~l_5.p.m. · ~ ~ Ro le Moor~,~ C_~airman City of Bakersfield Water Board ~-~ S a~on Ro ison, Secretary ~ i'liiii' City of Bakersfield Water Board ~ MEMORANDUM AuRust 4, 1987 TO Paul Dow~ Community Services Manager FROM Gene Bogart ~ Director. of Water Resourcesq~ SUSOECT TEXACO/NORTH KERN OILFIELD DISCHARGE AGREEMENT The attached agreement between Texaco Producing, Inc. and North Kern Water Storage District is the culmination of over 5 years of negotiations between the oil producer, North Kern W.S.D..and the City. The discussions originally began with Getty Oil Company which was later acquired by Texaco Oil Company. As an owner of capacity rights in the Beardsley Canal, the City is now §eing asked to execute the agreement. The main points of the agreement can be summarized as follows: 1. Texaco must maintain a current National Pollutant Discharge .... -'~ ............. Elimination System (NPDES) permit is'sued bX. ,~h¢;-.:S~,a'te Regional Water ' Quality Control Board' This is req~i~..~;~i'since the State Board has jurisdiction in setting>water qual,i~)~,.standards for the water discharged into the Beardsley Canal.. 2. The City will continue to receive its historical share of the water discharged and will receive a proportionate share of the salt correction fees paid' by Texaco, Inc. 3. The City will be reimbursed for any monitoring costs that may result from the operation of this agreement. 4. The City would not share in the "Standby" fees charged to Texaco by North Kern W.S.D. in the agreement. This provision only pertains to North Kern W.S.D. due to the fact that North Kern W.S.D. purchased the Beardsley Canal from the City in 1978. S. The "Supplemental Letter Agreement" between North Kern W.S.D. and the City protects the pre-existing payment provisions of the original Getty Oil -' City agreement executed in 1977. Should all the discharge requirements be met by Texaco in any future agreement, the City would continue to receive $2.00 per acre foot 'for all water discharged,, or $6,000 per year, whichever is the greater amount. 6. The terms of this agreement shall be in effect for two (2) successive NPDES permit terms, not to exceed 10 years. The agreement will be reviewed by the parties prior to March I, 1990 to ensure the goals and performance of this agreement have been met. GB:sr Attachment AGREEMENT FOR DISCHARGE OF OIL FIELD WASTEWATER INTO THE BEARDSLEY-LERDO CANAL SYSTEM BY AND BETWEEN NORTH KERN WATE~ iSTORAGE DISTRICT, TEXACO pRoDuCING INC. : THE CITY OFi.BP~<ERSFIELD This Agreement is made, entered into and executed in triplicate, any eopy of which may be eonsidered and used aS the original hereof for all purposes, as of the 1st day of May, 1986 in the State of California, County~of Kern, City of Bakersfield. BY AND. BETWEEN ':,NORT}{ KERN WATER STORAGE DISTRICT, a~.di, striet organized under water >rage district law, AND T~XACO PRODUCING INC., a Delaware corporation, AND CITY'?OF BAKERSFIELD, a Cai i fornia municipal corporation, WHEREAS, North Kern Water "Storage District (hereinafter "North Kern") is a water storage district organized under' Water Code section 39000 et seq., and is in existence for the purpose of delivering water suitable for irrigation use; and WHEREAS, North Kern is the present owner of the Beardsley- Lerdo Canal System and certain laterals and appurtenances thereto located in the County of Kern~i California; and WHEREAS, Texaco Produein~,' {ne. (hereinafter "Texaco") is a public corporation incorporated~under the laws of the State of- Delaware; and WHEREAS, Texaco generat:es in eonneetion with its oil operations in the Kern River, Kern Front and Poso Creek oil fields a quantity of water known ~/s effluent water; and WHEREAS, the City of Bakersfield (hereinafter "City") is a chartered city organized and existing under and by virtue of the constitution and laws of the State of California and is situated in Kern County; and ~ ~ 2 .,! WHEREAS, the 'City has a right to use one hundred (100) cubic feet per second of capacity in that portion of the Beardsley- Lerdo Canal System south of Seventh Standard 'Road and is the owner of certain laterals and' 'a-ppurtenanceS and does make deliveries of water through such capacityl and WHEREAS, Getty Oil Compan~y, predecessor to Texaco Producing, ,,~, , .~ ~: ',~ Inc., executed a contract wi, t'~hi'"'~the City of Bakersfield on or about January 3, 19771 and WHEREAS, in said January 3, 1977, contract, Texaco as successor to Getty Oil Company, ,warrants that all oil field wastewater discharged by Texaco lin'to the Beardsley-Lerdo Canal System shall at all times be S)u'iitable for use as irrigation water; and ; % WHEREAS, suitable for use as irrigation water means that quality of water which allows the water users of .the Beardsley- Lerdo Canal System, their 'sue~eS'sOr~s and assigns, an equivalent opportunity for agricultural product;ion, with the same variety of crop alternatives, that t-hey Would experienee if Texaco discharged no effluent watet?~:.in~to the Beardsley-Lerdo Canal "~ ' .$ · WHEREAS, Texaco has requested' the services of North Kern to receive and dilute Texaeo's effluent water and North Kern is agreeable to providing the-a~orementloned services for Texaco, subject to the terms and eondit'ions of this Agreement and with the understanding that this~'hgt~,eement is entered into by North Kern and the City to assure l'torlth Kern and the Git7 that Texaeo's effluent water delivered to the water users of the BeardsleT- Lerdo Canal STstem, their sueeessors and assigns, shall at'all times be suitable for use as irriga,tion water and to assure North , '~..: Kern and the Cit7 that ali costs~ and expenses ineurred b7 North Kern and the Git7 as a consequence of Texaeo's effluent water . shall be paid for in their entirety b7 Texaco. NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND COYENg2'ITS HEREIN CONTAINED, NORTH KEPdq, TEXACO AND THE CITY HEREBY AGREE as follows: '. ART4 CLE~', i ' Unless otherwise speeified~ the terms defined in this Article I shall, for all purpos~'-s:' of this Agreement, have the meanings herein specified. 1. "Beardsley-Lerdo Cana:-!' System" means that canal system commencing at the Beardsley River Weir and ineludi~g the Beardsley Canal and the Lerdo 'Canal and all laterals and appurtenances thereto. The C~rr~ier Canal forms no part of the canal system included within the'Beardsley-Lerdo Canal System. 2. "Delivered water or water delivered" means that water which is diverted from the Beardsley-Lerdo Canal System and transported to water users of the Beardsley-Lerdo Canal System. 3. "Effluent water" means oil field wastewater produced by Texaco in its Kern River,'K:~rn,.Front and Poso.Creek oil field operations prior to being dis~ha:rged into the Beardsley-Lerdo Canal System at the discharge~'p~.gi~nt located adjacent to the Kern River in the NE 1/4 of the SW 17/~'4 of Section 9, T. 29 S., R 28 E., MDB&M. . 4. "Emergency,, means' any ~ar'thquake, flood, fire or other natural disaster or Act of God, ~P~'eeluding the normal operation and maintenance of North Kern's faC~ilities. 'i 5. "Irrigation demand water" means that water which is flowing in the Beardsley-Lerdo Canal System to satisfy the irrigation and project demands of North Kern and the water users of the Beardsley-Lerdo Canal System. 6. "Monitor or monitoring" means the recording, sampling, testing and reporting of the various constituents within Texaeo's effluent water and the receiving water as performed by North Kern. 7. "NPDES permit" mean,s, the National Pollutant Discharge Elimination System permit i'~ssued by the State of California, Regional Water Quality Controi~:~.B~ard, Central Valley Region, or by any other agency assuming~.j'firisdiction over such discharges into the Beardsley-Lerdo Canali:g~stem. 8. "Receiving water" means that water which is a blend of all oil field wastewater diseh'arge and irrigation demand water flowing in the Beardsley-Lerdo C~:nal System, as measured in the Beardsley Canal at the Manor Street, Crossing. % 9. "Regional l~oard', means the Regional Water Quality Control Board, Central Valley Region, State of California or any other agency assuming jurisdiction over wastewater discharges into the Beardsley-Lerdo Canal System. 10. "Water' users of the Biear!d:sley-Lerdo Canal System" means those persons, partnerships, eOi'p0//,ations or other legal entities 6 which are delivered water transported through the Beardsley-Lerdo Canal System by either North,Kern or .the City. ART,I ~E I I '" ,aOV' s IoNs 1. Texaeo shall construct and,'maintain, at its sole expense, all facilities necessary to transport and discharge its effluent' water into the Beardsley-herdo Canal System. 2. Texaco may, but is not obligated to, discharge its effluent water into the Beardsley-Lerdo Canal System up to 11.5 cfs (30-day Mean flo~). Texaco shall provide North Kern written notice seventy-two (72) hours,,,in advance of when Texaco intends to either' terminate or reeomm~,nce discharging its effluent water into the Beardsley-Lerdo Canal~'Sys.fem for other than a period of several days in duration Tex~eo. shall use its best efforts to maintain a reasonably constan~'.;flow rate and discharge water quality throughout each day for its effluent water· All parties will maintain daily communications of current aetivity and estimates of flows for each of,.'tlhe following two days thus keeping the parties advised of~'.(h'0se matters affecting the receiving water flows in the BeardSley-Lerdo Canal System. North Kern and the City shall have the City's dispatcher phone number, 326-3716, and Texaco's dispatcher, phone numbers, 399-2961 (Daily), 399-2835 (Emergency), to coordinate this data. 3. Texaco agrees to cease alibi discharges into the Beardsley- Lerdo Canal System during that Period when the Beardsley-Lerdo Canal System is closed for maintenance or emergency. North Kern agrees that on the earliest possible date, in each year that this Agreement remains in effect, that it shall notify Texaco of the dates during the succeeding ~year that the Beardsley-Lerdo Canal System is expected to be closed for scheduled maintenance. North Kern further agrees not to el°se the Beardsley-Lerdo Canal System for more than .fifteen (15)~ 'consecutive days for scheduled maintenance, unless mutually, ii~ai~ireed upon by Texaco and North Kern. North Kern a'lso agreeS'il,to give. Texaco as much advance notice as reasonably possible before closing the Beardsley-Lerdo Canal Syste.m for emergency. In the event of an emergency, North Kern will use its best efforts to.m~i.nimize the length of time the Beardsley-Lerdo Canal System is out. of operation. 4..Except as provided for in its NPDES permit, Texaco agrees that it will imnediately cease its discharge into the Beardsley- Lerdo Canal System upon being presented evidence by North Kern that Texaeo's effluent water eon. rains any substance which is contained within any of the following definitions or lists, whether as eurrently drafted or as amended in the future: a. the definition of "extremely hazardous waste, as defined in section 25115 of the California Health and Safety Code; or b. the.definition of "hazardous waste," as defined in section 25117 of the California Health and Safety Code; or c, the definition of-""hazardous substance," as defined in seetion.25316 of the California.Health and Safety Code; or d. any substance .'listed in the California Administrative Code, Title 22, Chapter 30, Article 9, Hazardous Wastes and Hazardous Materials;',~seetion 66680 and Article II, Criteria For Identification of Hazardous and Extremely Hazardous Wastes, see.tions 66693-66746; and, which substances or wastes in the receiving waters are in' concentrations that are dele'teri0us to either plant, animal or human heal th. 5. Texaco shall maintain'~a.~e:urrent NPDES permit and comply with all the terms of such a~',pe;irmit, and any' increase in the quantity of water discharged or.,~odifieation of the water quality standards specified in NPDES Order lqo. 85-065 shall not be implemented by Texaco unlesSj!~Texaco has prior written consent of Horth Kern. ),~ , 6, Texaco shall at all ti~g operate its facilities so that Texaeo's effluent water does not cause the receiving water in the BeardsleT-Lerdo Canal 87stem to exceed 0,5 ~O/1 of boron. Texaco agrees that when there is insufficient Kern River ~ater in the BeardsleT-herdo Canal 87stem to di:lute Texaeo~s effluent water to 0,5 ~O/1 of boron~ Texaco shall without hesitation~ regardless time or daT~ reduce the quantit7 of flow of its effluent water to a-point at which the receiving water in the BeardsleT-herdo Canal 87stem does not exceed 0.5 ~O/1 of boron. Texaeo~s reduetion~ relation to other oil field wastewater dischargers into the BeardsleT-Lerdo Canal STstem~ shall be according to tho proportional reduction requirements specified in the hlanagement Plan promulgated according.to ~IIPDE~ Order ~o, 85-005 {E) ~, Texaco shall comply ~i[:h each and ever~ other state o~ local water qualit7 standard or provision pertaining to discharging oil field wastewater into the Beardsley-Berrie Canal 87stem~ whether in existence o:n?~the date this ~greement executed or promulgated at a~TJ:.subsequent~ time~ once such standard or provision becomes f~.i~nal and enforceable b7 the appropriate gover~ental 10 8. Texaco shall pay North Kern the full Cost necessarily incurred by North Kern and/or the~.City to monitor the constituent level of Texaeo's effluent water., ·and reeeiving~ water flowing in the Beardsley-Lerdo Canal System;~ Subject to cost adjustments as ':' specified in Article II, ParagraPh 10, the monitoring cost to be paid by Texaco shall be $8.32 per acre-foot of effluent water that Texaco discharges into the Beardsley-Lerdo Canal System. North Kern agrees to quarterly reimburse the City a portion of the monitoring charge if the City incurs costs while recording and reporting the Texaco discharge. North Kern shall supply Texaco and the City on a monthly b'asis, copies of all monitoring data. 9. Texaco shall pay Nort, h':,~Kern the full cost incurred by North Kern and/or the City for:.eompensating the water users of the Beardsley-Lerdo Canal System, their successors and assigns, for having .to add a salt eorreeti0n~material ~to their soil and/or water to counterbalance the hli.gher, salt load contained in Texaeo's effluent water. Su¢,jeet· .to cost adjustments as specified in Article II, Paragraph 10, the salt correction cost to be paid by Texaco shal1 be $13.15 per acre-foot that Texaco . discharges into the Beardsley-Lerdo. Canal System. North Kern agrees to quarterlY reimburse the City and other diverters from the Beardsley~-Lerdo~,Canal System a portion of the salt eorreetion charge. Any reimbursements paid to the City or other diverters shall be based upon the actual water diverted and used from the Beardsley-Lerdo Canal System. The reimbursements shall be in proportion to the total Beardsley Canal flow and based upon the quarterly hyd'rographie records of the flow of the Beardsley-Lerdo Canal System. .., North Kern agrees to prov~id~Texaeo a quarterly statement of the reimbursements made to th~:iG~i;ty and other diverters from the Beardsley-Lerdo Canal System~,~Coneerning the salt correction charge. ~Iorth Kern further agrees to provide to the City and to all diverters clear notice of .... the nature and source of the. reimbursement and the purpose thereof, whether' said reimbursement is in the form of a cash payment"or other payment in lieu of cash or in the form of reduced water eh'~rges. 10. Th.e costs stated in Article II, Paragraphs 8 and 9 are best estimates of the full cost associated with the monitoring and treatment of Texaco's cf.fluent water and are subject to change. Therefore, the af6, rement,,ioned costs shall be adjusted January 1, each and every year this Agreement is in effect, either upward or downward according to the "Implicit Price Deflator for Gross National Pr0duct,'..,:... using the third quarter of the preceding year in relati~+/to the third quarter of 1983, which stood at 104.1 as a bas~i!!? Failure of the Implicit Price Deflator for Gross National Product to accurately reflect increases or decreases in full cos:ts assoc!iated with monitoring and the treatment of Texaco's'!,ef.f!Uent water shall not constitute reasonable cause for termina'.tion of this Agreement under Paragraph 17. 11. North Kern shall invoice' Texaco on a regular basis for the costs charged in Article II,'!:pa~ragraphs 8 and 9. The City shall invoice Texaco for the e'harges referred to in Paragraph 18(c). Payments not received within sixty (60) days of the date stated on the billing invoice will incur a late charge of 10 percent plus i percent per month interest on the outstanding balance. Upon termination of this Agreement under Article II, Paragraph 17, all sums currently 'owing to North Kern shall be paid within forty-five (45) days of the date of termination. 12. North Kern agrees tOi mak'e available its Beardsley-Lerdo Canal System facilities for reb'.e~ipt of Texaco's effluent water on a stand-by basis, subject to"~..{'~e terms and conditions of this Agreement. Texaco shall pay North Kern on January 1, April .1, July I and October 1, for ten years, Ten Thousand Five itundred and Sixty ~o Dollars and Fifty cent's ($10,562.50), as a stand-by service charge. Provided, ho~eve~-~'~?Texaeo shall pay North Kern four times the stand-by serviee.~charge on the first quarterly date after this Agreement is in effect. In the event that Texaco terminates this Agreement pursuan to Article II, Paragraph 17, Texaco agrees to.~pay North Kern any balance owing of the total stand-by service dharge within one (1) year of the written Notice of Terminati0t~ Upon termination of this Agreement by North Kern, pursuant to Article II, Paragraph 17, North Kern agrees that it has waived and surrendered any right to any balance remaining of the total stand-by service charge. :' 13. Texaco agrees to.assume all duties and obligations including, but not limited t.o~,, the payment of any tax, assessment, penalty or any le~.yy whatsoever, which may be imposed by any federal, state or lof~ia~l~?governmental agency upon North Kern, the City or the water uSi{ers!~'of the Beardsley-Lerdo Canal System, pertaining to act(i~a'l or claimed degradation of groundwater quality ~ue to Texac~o's effluent water · Following imposition by. a governmental agency of any above-specified levy, the parti~es shall meet'and eonfe!r~?to determine the nature and extent, if any, of Texaco's re~s'Pi~Onsibility for such a levy. Texaco shall not be obligated ~'nider this paragraph to make payments to North Kern, the City or the water users of the Beardsley-Lerdo Canal System, if Texaco has previously made direct payment to the governmental agency Imposing the levy. 14. The charges specified ,i.n~Article II, Paragraphs 8, 9, 12 and if applicable 13 represent the parties' best estimate of the foreseeable costs incurred by North Kern, the City and the ~vater users of the Beardsley-Lerdo Canal System as a consequence of Texaco discharging its effluent, water into the Beardsley-Lerdo Canal System. No charge o.r fee whatsoever,, other than those charges above-specified, shall be levied under the terms of this Agreement by North Kern or the City against Texaco in connection with the monitoring, discharg'~e or,=use of Texaco's effluent water in the Beardsley-Lerdo Canal S',~S..:'~t,;~m. 15. The failure of any pari'y, to enforce against the other a provision of this Agreement shall not constitute a waiver of that - party's right to enforce sueh a provision at a later time. 16. Texaco agrees to defend., indemnify and hold harmless North Kern and the City and their respective officers, agents and employees, and each of them, for any injury, damage, loss, liability, .claim or causes of action, including, but not limited to, inverse condemnation, property damage, personal injury, death directly and proximately caused ,by Texaco discharging its effluent water into the Beardsley-L, erdo Canal System, including, but not limited to, attorneys~ fees, costs of experts, time and expense of personnel and ot~.er.~e.0sts of litigation. Provided, however, Texaco shall not be r~'s:pOnsible for any injury, damage, ,~ loss or liability direetly~'~a'~d proximately caused by the negligent or willful misconduct 0f either North Kern, the City or the water users of the Beards!ey-L~rdo Canal System, including bUt not limited to, any and al.l injury, damage, loss or liability directly and proximately caused'by a water user of the Beardsley- Lerdo Canal System failing to~"~,~add a salt correction material to ..' their soil and/or water to counterbalance the higher salt load contained within Texaeo's effluent water. North Kern and/or the City shall tender to Texaco the.defense of any claims against. them, or either of them, which, come within the scope of this paragraph. Should Texaco accept'ii, the tender of defense, Texaco shall keep North Kern and/dj' the City apprised of all developments of any claim and shall confer with North Kern and/or the City prior to settling any claim. The attorneys' and experts' fees to be paid shall not exceed such amount as the court in which the litigation occurs determines to be reasonable. I?. This ·Agreement shal~l?' be in effect for two suecessive .NPDES permit terms?, not', to exceed ten (10) years from the date of execution of this ?l~:reement.·. :/ 'One hundred and eighty (180) days prior to March 1, .1.~.90, the expiration date of NPDES Permit Order No. 85-065, the parties shall conduct a good faith review of the terms and performance of this Agreement. Provided, however, that either North Ke~rn,,. Texaco or the City may independently terminate this Agreement, with reasonable cause, upon one (1) year's written not~i:ce to the' other two parties as provided in Article II, Paragraph 22. Sixty ($0) days Prior to 16 any party serving a written Notice of Termination under this paragraph, such party shall ~of.fer to enter into good faith negotiations with the other two parties to resolve any dispute concerning this Agreement. Up6n termination.of this Agreement, Texaco shall cease all diseharges and remove all its discharge facilities from North Kern's Be~rdsley-Lerdo Canal System and right..-of-way and restore the premises without damaging, ex!sting canal faeilitieso Texaco shall assume all costs asso.eiated with the removal of its facilities and restoration of the premises. 18. This Agreement is intended, in part, to supersede the Agreement dated ,January 3, )1'9[?, between Getty Oil Company, predecessor in interest to Texaio Producing Inc., and the City of Bakersfield. To the extent that rights or obligations claimed under sa'id.19?? Agreement are inconsistent with the terms and conditions of this Agreement,i.sueh rights or obligations are extinguished hereby. Notwithstanding the above, this Agreement -shall be interpreted as follows; a. Nothing contained in this Agreement, nor any performance under this Agreement, shall affect or change the existing Kern River water rights or Lake Isabella storage rights held by North Kern or the Ci~i'y; .~ ~.,, b. Nothing contained in this Agreement shall affect or change Texaco*s rights or the Cityts obligations regarding discharge to the Carrier Canal; e. Nothing contained in this Agreement shall a~ffect .or change the rights or obligat, ions regarding eharges speeified 'in Paragraph 6 of the January' 3,;,I977~Agreement; and d. Texaco hereby su~r,~'nders all right to discharge any effluent water into the Beards;!'ey-Lerdo. ,,. Canal System except as provided in this Agreement. 19. In the'event of any ~litigation between North Kern~ Texaco and the City or any two of them, in eonneetion with the interpretation~ performance or enforeement of this Agreement, the prevailing party or parties in such litigation shall be entitled to be reimbursed by the other party or parties thereto for all eosts of litigation~ ineluding~ but not limited to~ court eosts~ time and expense of'personne!~ attorneys~ fees~ costs of experts and other costs of litigat~ion.~ Provided~ however~ that the attorneys~ and experts~ fees to be reimbursed shall not exceed such amount as the court determines~ to be reasonable. " ~/~ .~ 20. All parties' are equally responsible for authorship of this Agreement and section 165~1 of the Civil Code has no application to the interpretat;ion"~'of this Agreement. 21. Hone of the rights or obligations of the parties under this Agreement shall be assigned or delegated by any ,party without the prior written consent of the other two parties. 22. Ail notices hereunder shall be given in, writing and shall be sent by certified or registered mail and be effective upon posting in the United States mail. The parties should be addressed as follows: North Kern Water Storage District P. O. Box 1195 , Bakers.field, CA 93302 Texaco Producing Inc. P. O. Box 5197 X Bakersfield, CA 93388 City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 19 23. This Agreement shall be binding on the three named parties and their successors and assigns. 24. Texaco acknowledges that North Kern does not have~ given its existing facilities; project, and .contracts; the ' capability to provide Texaco a quality of, receiving water sufficient to both accommodate the total quantity of effluent water available to Texaco for discharge' and comply with established water quality standards. Texaco has informed North Kern that it wishes to increase its effluent water discharge. Without any obligation to North K~,rn or compromise to any of the terms and conditions 'of this'Agreement! North Kern agrees to discuss and explore with Te'xaeo the prospect of North Kern and Texaco developing a program W~e..reb~, for a sum to be negotiated~ North Kern eould~ at its exel, usive option~ provide Texaco with the necessary dilution capacity,. 25. This Agreement 'constitutes the entire Agreement between the parties pertaining to the discharge of Texaeots effluent -water in,to the Beardsley-Lei'do ~Canal System and supersedes all prior and contemporaneous agreements and understandings! whether written or oral~ not specifically referred to herein. ?r ~,, ; 26. None of the provisions of this Agreement are intended to dedicate, nor have they dedicated, any. of the water the subject of this Agreement, or any of the facilities of the parties to public use as a public utility or common carrier. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above wri.tten,. NORTH KERN WATER STORAGE DISTRICT TEXACO PRODUCING INC. -' ~ ,' .. ..- CITY OF BAKERSFIELD. MAYOR, CI;P/ OF BAKERSFIELD CHIEF FINANCIAL ADVISOR APPROVED AS TO FORM C I TY ATTORNEY 21 NORTH KERN WATER STORAGE DISTRICT 1415 ~ 18th STREET, ROOM 705 BOX 1195 BAKERSFIELD, CALIFORNIA 93302 (805) 325-311,6 JULY 20, '1987 SUPPLEFIENTAL LETTER AGREEMENT Mr Gene Bogar t ;.t: ~:. CITY OF BAKERSFIELD ~.' ...... WATER RESOURCES DEPARTMENT 4101 Truxtun Avenue Bakersfield, California 93301 Dear Gene: This letter is written!:!+;to confirm the understanding reached between North Kern Water,~Storage District ("North Kern") and the City of Bakersfield ("ci~y'ii:) regarding the City's desire to continue to receive payment alclc.lording to the January 3, 1977 agreement, paragraph 6, page 3, '~xecuted between the City and Getty Oil Company at the expirati;.bh of the May 1, 1986 agreement executed between North Kern, the City and Texaco Producing,~ Inc. ("Texaco") . North Kern agrees, at the conclusion of the May 1, 1986 oilfield wastewater discharge agreement, whether by termination or expiration of the contract term, that should North Kern determine, in its sole discretion, that it will seek to negotiate and execute a subsequent contract with Texaco, for the discharge of oilfield wastewater efflueht i;nto the Beardsley-Lerdo Canal System, North Kern shall propose as~.:'a provision of the terms and conditions of any subsequent agreement a provision based, on the following principle: Texaco Producing, ~i,ne~',.,,, its successors and assigns, shall pay'{~CitY of Bakersfield for each acre foot of oil!..f~::i'e,}.d wastewater effluent discharged into th'e'.'Beardsley Canal, Two Dollars ($2.00) per aerie?foot so discharged, or Six Thousand Dolla,~s,'($6,000.00) per year~ whichever is the great.:er amount· Texaco shall pay City said sum until' the year Nothing contained in this letter, obligates or binds North Kern to assume any duty 'in;regards to the payment of any sum specified in the above-higl~I!:~'ghted paragraph, and City acknowledges that North Kern 'i§'.~ free to decide whether to Mr. Gene Bogart · :' CITY OF BAKERSFIELD ~:~ .... ~, WATER RESOURCES DEPARTMENT ., JULY ~D, 1987 .. Page 2 negotiate and execute any agreement with Texaco which North Kern determines, in its sole discretion,' to be in the District's best interest. .,, Very' truly yours, NORTH KERN WATER STORAGE DISTRICT O. C. H. WILLIAMS, Engineer-Manager CITY OF BAKERSF I ELD BY: MAYOR SKK/kmc .BY: Finance Director A~PROVED AS TO FORM: RICHARD J. OBERHOLZER City Attorney BY: ~ '." ': .~ CIVIL ENGINEERING. ~ND ~URVEYING . LAI~ P~NNING . OILFIELD SURVEYING Land Su~eyor 218 South H Street, Bakersfield, California 93304 · (805) 834-1492 . / ....... 3538 16) AREA 50RgLBS ~ ~N~'L O~TIOH~.. ~/ A. FO~ mobilehom'es ~ ~ge 22 PARCEL 2: ALL THAT PORTION OF SECTION 18, T.~;29 S., R. 28 E., M.D.M., IN THE COUNTY OF KERN, STATE OF CALIFORN!6~, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PARCEL 4 OF PARCEL MAP NO. 3512 RECORDED IN BOOK 22 OF PARCEL MAPS AT PAGE 19 IN THE KERN COUNTY RECORDER'S OFFICE; THENCE ALONG THE NORTH LINE OF SAID PARCEL 4, N 66 46'03" E A DISTANCE OF 45.16 FEET; THENCE CONTINUING ALONG SAID NORTH LINE N 87 53'39" E A DISTANCE OF 35.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 13 05'50" W A DISTANCE OF 4.36 FEET; THENCE N 18 42'55" E A DISTANCE OF 21.30 FEET; THENCE S 89 11'59" E A DISTANCE OF 85.64 FEET; THENCE S 86 38'21" E A DISTANCE OF 39.64 FEET; THENCE S 79 41'56" E A DISTANCE OF 29.46 FEET; THENCE S 73 05'25" E A DISTANCE OF 19.82 FEET; THENCE S 66 52'00" E A DISTANCE OF 40.12 FEET; THENCE S'57 14'49" E A DISTANCE OF 19.89 FEET; THENCE S 44 48'13" E A DISTANCE OF 19.71 FEET; THENCE S 39 36'44" E A DISTANCE OF 20,27 FEET; THENCE S 34 03'50" E A DISTANCE OF 19.74 FEET; THENCE S 28' 31'49" E A DISTANCE OF 94.55 FEET; THENCE S 28 18'12" E A'~DISTANCE OF 71.22 FEET; THENCE S 30 00'27" E A DISTANCE OF 20.01 FEET; THENCE S 31 35'02" E A DISTANCE OF 20.21 FEET; THENCE~'S 3~ 35'34" E A DISTANCE OF 61.14 FEET; THENCE S 31 12'04" E A ~ISTANCE OF 40.99 FEET; THENCE S 25 11'39" E A DISTANCE OF 88j02 FEET; THENCE S 24 37'07" E A DISTANCE OF 63.40 FEET; THENCE~S 26 33'27" E A DISTANCE OF OF 20.02 FEET; THENCE S 27 15'54" E A DISTANCE OF 94.69 FEET; THENCE S 27 00'16" E A DISTANCE OF 26.18 FEET; THENCE S 30 17'27" E A DISTANCE OF 50.19 FEET; THENCE S 30 00'30" E A DISTANCE OF 41.01 FEET; THENCE S 30 02'46" E A DISTANCE OF 55.55 FEET; THENCE S 30 06'54" E A DISTANCE OF 54.66 FEET; THENCE S 43 35'26" E A DISTANCE OF 48.13 FEET; THENCE S 10,48'12" E A DISTANCE OF 9.56 FEET; THENCE S 1 18'07" W A DISTANCE 0F~8.86 FEET; THENCE S 12 26'10" W A DISTANCE OF 9.91 FEET; THENCE S..~Q 54'32" W A DISTANCE OF 10.65 FEET; THENCE S 2 35'43 W A DISTANCE OF 9.63 FEET; THENCE S 10 23'12" W A DISTANCE OF 30.06'FEET; THENCE S 24 42'46" W A DISTANCE OF 25.52 FEET; THENCE S 32 11'47" W A DISTANCE OF 44.92 FEET; THENCE S 85 16'51" W A DISTANCE OF 11.90 FEET TO THE EAST LINE OF SAID PARCEL 4; THENCE ALONG SAID EAST LINE N 0 22'15" E A DISTANCE OF 105.20 FEET; THENCE N 19 58'35" W A DISTANCE OF 219.24 FEET; THENCE N 27 02'51" W A DISTANCE OF 332.51 FEET; THENCE N 30 00'00" W A DISTANCE OF 237.06 FEET; THENCE N 39 05'35" W A DISTANCE OF 129.04 FEET; THENCE N 75 53'19" W A DISTANCE OF 125.80 FEET; THENCE S 87 53'39" W A DISTANCE OF 82.59 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 30748.11 SQUARE FEET'i MORE OR LESS. MAINLINE EXTENSIDN REFUND AGREEMENT WATER BOARD MEETIN~ OF.AUGUST 12, 1987 DEVELOPER TRACT or ~,~ ORIGINAL REFUND 2½% PARCEL MAP ,,~ COST OF COST Stockdale South Gosford & Harris $ 71,725.52 $ 1,793.14 Stockdale South Tract 4880, [Init A 84,650.01 2,116.25 Stockdale South Tract 4880, Units B & C 80,409.24 2,010.23 Stockdale South Tract 4880, Units D & E 63,858.79 1,596.47 Stockdale South Tract 4901, Units A & B 84,167.54 2,104.19 Stockdale South Tract 4901, Units C & D 110,717.36 2,767.93 Tenneco RD Corp. Parcel Map #80~ . 106,449.03 2,661.23 TOTAL.~"~.~!',.. $601,977.49 $15,049.44 ASSIGNMENT The undersigned hereby assi_gns tO _-NEPTUNE INVEST_M_E_NT__I_NC: 1075 No. lOth Street Ste 5 all of its right, title and int'~.~i.:ist in and to the following described· 'Water Extension Agr~eement: W ir'h: CITY OF BAKERSFIELD Dated: DECEMBER 20, 1979 ~, , : Completion date: For: Water facilities Tract #4180", Amount of deposit: $31,502.54 , Balance in deposit: $24,578.40 Number of services: 54 Number of hydrants: 4 Refund basis: The exclusive right to receive from the water company ~ p. ercent of the revenues derived therefrom in compliance with"i:Sec.tion 10 of the Main Ext.en- sion Rule, ordered November :,8~.::196g, by the Public U.tilities Commission of the State of Ga~l'itornia. The undersigned warrants that it is the owners of said agreement free and clear of all clai~ms, liens or encumbrances, and agrees to defend and hold the,. assignee harmless, of and from-all costs or claims arising 'OUt of any violation of this provision. ACCEPTED CITY OF BAKERSFIELD U.~.~,,~~ BY BY _ DATED ' -- --, ii', .:~ ,~.: MAINLINE EXTENSION REFUND ASS I GNMENT CITY OF BAKERSFIELD COMMUNITY SERVICES DEPARTMENT - DOMESTIC WATER The undersigned hereby assigns, to ELENA BERNICE GIVENS, TRUSTEE, OR HER SUCCESSOR(S) 1660 GAION DRIVE, REDWOOD #9 SAN JOSE, CA 95125 :~:~ all of its right, title and interest' in and to the following described Water Extension Agreement: With: CITY OF BAKERSFIELD, 1501 TRUXTUN AVENUE, BAKERSFIELD, CA 93301 Dated: JANU/~Y 13, 1982 Completion date: " EXTENSi"ON :FO For: Water facilities - MAIN "~i R TRACT NO. 3827, UNIT 'A' Amount of deposit: $26,987.00 Balance in deposit: $18,796.86 Number of servi'ces: DESIGNED FOR 55 Number of hydrants: 0 Refund basis: The exclusive right to receive from the City of Bakersfield 22 percent :of .the revenues der{ved Bla, Blb, Blc and Bld therefrom in compliance with Section/ ~C of the Main Exten- sion Rule, which is within the GeneraI provisions and definitions of said rules ~,'.', The undersigned warrants that!'Li, t/':is the owners of said agreement free and clear of all cl:~ims liens or encumbrances, and agrees to defend and hold the assignee harmless of and from all costs or claims arising out: of any.violation of this provision. Accepted: ELENA. B. GIVENS City of Bakersfield By: Dated: Dated: