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HomeMy WebLinkAbout04/02/90CITY OF COMMUNI~ SERVICES DEPARTMENT ~_ PAUL DOW, Manager ~ GENE BOGART, Director of Water Resources FLORN CORE, Assistant Director of Water Resources ,' FRANK FABBRI, Parks Superintendent, 32~3117 ~ JIM LEDOUX, Recre~ion Superintendent, 32~3701 MIKE SIDES, Sanitation Su~rintendent, 32~3114 t~EETING NOTICE ........ ~ ........ A Special Meeting of the City of Bakersfield Water Board will be held on Monday, April 2, 1990, at 5:00p.m., in the Water Resources Conference Room, 4101 Truxtun Avenue, Bakersfield. Call meeting to order. Roll Call - Board Members: Salvaggio, Chairman; Peterson; Brunni The following items will be discussed: 1. Approve minutes of Special Meeting held November 14, 1989. 2. Set day, time and place for regular Water Board meetings. 3.Domestic Water main extension agreement with Panama-Buena Vista School District - FOR BOARD ACTION and RECOMMENDATION' TO CITY COUNCIL. 4. Service agreement between North Kern Water Storage District, City and Atlantic Richfield Company (successor to Tenneco 0il, Inc.) - FOR BOARD ACTION andRE- COMMENDATION TO CITY COUNCIL. 5. Agreement for sale of non-Kern River water to Cawelo Water District. FOR BOARD ACTION. 6. Ditch Eradication and Pipeline Easement Agreement with ARB, Inc. for portion of 1-1-0 ditch located between Patton Way and Alken Street. FOR BOARD ACTION. 7. Proposed amendment to Agreement No. 78-12 WB with Olcese Water District regarding the 13-year water supply requirements to the Olcese area. FOR BOA1RD ACTION and RECOMMENDATION TO CITY COUNCIL. 8. Update on draft agreement with State Department of Water Resources and Kern County Water Agency to spread and bank water in City's 2800 Acre Recharge Facility. FOR BOARD DISCUSSION. 9. City response to draft "Urban Bakersfield Water Supply Plan for Improvement District No. 4." FOR BOARD ACTION. 10. Mainline extension agreement between City of Bakersfield and DeWalt-Porter Civil Engineering. FOR BOARD INFORMATION. 11. Mainline extension refund assignment. FOR BOARD INFORMATION. 12. Adjournment. Gene B~g~rt, of Water Resources POSTED: March 30, 1990 4101 TRUXTUN AVENUE ° BAKERSFIELD, CALIFORNIA 93309 - (805) 326-3715 NATER BOARD - C:TY OF BAKERSF:ELD TUESDAY, NOVEMBER 1~, 1~8~ 5:00 P.M. WATER RES01IRCES CONFERENCE ROOM 4101 TRUXTUN AVENUE The meeting was called to order at 5:17pm by Councilman Salvaggio in the Water Resources Conference Room. The roll was called as follows: Present: Salvaggio (Chairman); Peterson, Ratty Councilman Peterson made a motion for approval of the minutes of the August 3, 1989 meeting. Motion passed. The Agreement with California Water Service Company was presented before the Board by Mr. Core. Mr. Core gave background information on the existing contract and also the changes that have been made to bring the proposed contract up to date with City's requirements. After a brief discussion, Councilman Ratty made a motion recommending approval of this contract by the City Council. Motion passed. Mr. Bogart presented before the Board a request by Mr. Gregory Bynum, Bynum and Associates, to convert two portions (approximately 2,300 lineal feet) of the Carrier Canal to a concrete box culvert. Following discussion of the proposal, a motion was made by Councilman Ratty to recommend approval by City Council. Motion passed. For Board information Mr. Core presented three Mainline Extension Agreement reassignments from Linda S. and Martin C. Kauffman to Charline Bourne. The meeting adjourned at 5:33pm. Mark Salvaggio, Chairman City of Bakersfield Water Board Sharon Robison, Secretary City of Bakersfield Water Board AGREEMENT NO. DOMESTIC WATER MAIN EXTENSION AGREEMENT THIS AGREEMENT, is made this day of , 1990, by and between the CITY OF BAKERSFIELD, a municipal corporation, referred to herein as "CITY" and PANAMA-BUENA VISTA UNION SCHOOL DISTRICT, a , referred herein as "DISTRICT". RECITALS WHEREAS, DISTRICT desires to have cITY water service to DISTRICT property located at the intersection of Panama Lane and Buena Vista Road, also known as Buena Vista School; and WHEREAS, CITY owns and operates a domestic water system capable of providing domestic and fire protection water service to DISTRICT property for present use and future school expansion; and WHEREAS, CITY assesses an Availability Fee of $2,000.00 per acre to properties desirin§ water service from CITY; and WHEREAS, DISTRICT, as property owner, is responsible for the extension of CITY water mains to serve District property; and WHEREAS, CITY prefers that the water main extended be over- sized from 12" to 16" inside diameter pipe to allow for future expan- sion of CITY water system; and WHEREAS, the parties hereto desire to enter into a water main extension agreement for the installation and DISTRICT partial reimbur- sement of the oversized water mai ns; and NOW, THEREFORE, upon the terms and conditions set forth herein, CITY and DISTRICT agree as follows: · AGREEMENT 1. RECITALS: The recitals set forth above are accurate. 2. INSTALLATION OF FACILITIES: DISTRICT shall cause to be constructed a 16" diameter water mai"nline pipe and appurtenances along Buena Vista Road, from a point of an existing CITY water main on Buena Vista Road, southerly 'approximately 9200 feet, to DISTRICT property at Buena Vista School. A map of location'and proposed water main pipeline alignment, prepared by DISTRICT, is on file at DISTRICT and CITY offices. Said map and plan is incorporated herein by reference as thou§h fully set forth. Installation of water main and facilities shall include DISTRICT advancing its own funds in engineering, surveying, securing any and all right of ways, permits, construction, financing, supervision, inspection, testing and disinfection of a 16" inside diameter water pipeline to CITY specifications. 3. LICENSED CONTRACTOR: DIST'RICT shall select, through accepted governmental bidding procedures, an apprOpriately licensed California pipeline contractor to perform all construction work required hereunder and shall require such contractor provide Worker's Compensation insurance coverage of one million dollars {$1,000,000) throughout the period of construction and installation of water main pi pel i ne. 4. INSPECTION FEES: DISTRICT shall forward to CITY within 10 days of the award of the 'contract, fees for inspection services to be provided by City or its authorized agents, in the amount of four percent {4%) of bid price. CITY and/or its authorized inspecting agent, shall have the right to fully inspect all aspects of pipeline installation and shall determine if work is suitable for acceptance by City. 5. CERTIFICATE OF INSURANCE: The DISTRICT shall furnish the City Risk Manager with a certificate of insurance evidencing the insurance required under this agreement. The policy shall contain an additional endorsement in favor of the CITY, its mayor, council, offi- cers, agents, employees, and volunteers. 6. INDEMNITY: DISTRICT shall indemnify, defend, and hold harmless CIT~ its officers, agents and employees against any and all liability, claims, actions, causes of actions or demands whatsoever against them, or any of them, for injury to or death of persons or damage to property arising out .of, connected with, or caused by DISTRICT, DISTRICT'S employees, agents or independent contractors or companies in the performance of (or in any way arising from) the terms and provisions of this Agreement. 7. INSURANCE: The DISTRICT shall procure and maintain for the duration 'of this agreement the following types and limits of i nsura nce: Commercial general liability insurance, including the broad form CGL endorsement, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. Workers' Compensation with statutory benefits and employers liability insurance with limits of not less than one million dollars ($1,000,000) · All policies required of the DISTRICT shall be primary insurance as respects the CITY, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance main- tained by the CITY, its mayor, council, officers, agents, employees and volunteers shall be excess of the DISTRICT's insurance and shall not contribute with it. Provided however, this paragraph shall apply only with respect to District's liability for neglegent acts or omis- sions under this agreement. The liability policies shall provide contractual liability coverage for the terms of this agreement. (2) If any part of this agreement is assigned or subcontracted, similar insurance shall be provided by or on behalf of the subcontractors to cover their operations. All costs of insurance required under this agreement shall be included in the DISTRICT's bids, and no additional allowance will be made for additional costs which may be required by extension of the insurance policies. 8. RELEASE OF INTERESTS: Upon the completion and acceptance by CITY of th'is pipeline work, DISTRICT shall dedicate, by appropriate written instrument, and release to CITY all of DISTRICT's ri§hts, title, and interest to the water main pipeline. 9. WARRANTIES: Upon completion of this project to the satisfaction of the CITY, the CITY agrees to accept the dedication, quitclaim and release of DISTRICT to said water main described in Paragraph 2 above and shall assume all duties and expenses attendant upon the operation and necessary maintenance and repair of said water main; provided, however, that DISTRICT shall require the contractor hired to construct the water main to provide the DISTRICT with an assignable written guarantee of all materials and workmanship for a period of one year from the date of acceptance of the completed work by the CITY, and shall assign such guarantee to the CITY concurrent with the CITY's acceptance. 10. CONSTRUCTION BOND: DISTRICT shall deliver to CITY a surety bond o'r letter of credit in form satisfactory to CITY in the aggregate amount that is equal to the cost of installation of water main pipeline prior to start of construction. The bond shall be surety for replacements and repairs to the water main pipeline made necessary within one (1) year from completion of installation by reason of defective materials or workmanship, upon failure of DISTRICT contrac- tor to perform under paragraph 9 and failure of DISTRICT or contractor to pay all claims of all persons performing labor upon or furnishing material or power used in the construction of water main. 11. REFUNDS: Refunds are to be based on all costs to install said water main including, but not limited to, engineering, surveying, right of ways, easements, construction, inspection, testing and disin- fection of said water main. CITY shall not be responsible and shall not reimburse DISTRICT for any costs associated with on-site water facilities at Buena Vista School or any DISTRICT properties. Basis for refund shall be adjusted to account for CITY Availability Fees assessment of $2,000.00 per acre of lands served. Upon completion of installation of water main and acceptance by CITY, City shall reimburse DISTRICT the actual cost accrued related to the oversizing the water main from 12" to 16" inside diameter. That cost will be determined by engineers, or authorized agents, of the parties herein, based on the actual cost of installation by the lowest responsible bidding contractor, for each of the two alternate pipe sizes. CITY shall pay DISTRICT within 90 days after receipt of D~STRICT invoice reflecting the actual agreed cost difference for oversizing water main. (3) , Up to 50% of the remaining balance of cost of installation, after oversizing costs are refunded, shall be reimbursed by CITY to DISTRICT as other properties or developers tie in or receive water service due to the installation of said water main on Buena Vista Road. CITY shall forward to DISTRICT fees that are collected by CITY from developers or property owners for water service from said water main within 90 days receipt of such fees. 12. CITY'S RIGHT TO OFFSET: In the event DISTRICT shall become entitled to refund under the provisions of paragraph 11 of this agreement, CITY shall have the right at such time to offset against the amount then due DISTRICT hereunder the total amount of any indeb- tedness then due or owing DISTRICT to CITY. 13. NON-CONSTRUCTION OF FACILITIES: Should the water main pipeline' under this agreement not be completed, CITY's responsibility and liability pursuant to this agreement shall be limited to refund of monies or release of bonds provided to CITY by DISTRICT, less such expenses as CITY may have in good faith incurred in preparing to perform under this agreement. DISTRICT expressly accepts responsibility for providing domestic and fire protection water to any parcels sold by the DISTRICT to any third party in the event the water main pipeline to be constructed hereunder is not completed. 14. NOTICES: All notices relative to this Agreement shall be given in writing and shall be sent by certified or registered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by noti ce: "CITY" CITY OF BAKERSFIELD City Hall 1501 Truxtun Avenue Bakersfield, California 93301 "DISTRICT" PANAMA-BUENA VISTA UNION SCHOOL DISTRICT 4200 Ashe Road Bakersfield, CA 93313 15. CORPORATE AUTHORITY: Each individual executing this agreement represents and warrants that they are duly authorized to execute and deliver this agreement on behalf of the corporation, if any, named herein and that this agreement is binding upon said corpo- ration in accordance with its terms. 16. COMPLIANCE WITH ALL LAWS: DISTRICT shall, at DISTRICT's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this agreement, and shall faithfully observe in (4) all ac'tivities relating to or growing out of this agreement all Municipal ordinances and State and Federal statutes, rules or regula- tions now in force or which may hereafter be in force. 17. WAIVER OF DEFAULT: The failure of any party to enforce against another a proViSion of this agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this agreement. 18. FORUM: Any lawsuit pertaining to any matter arising under, or growing'-'----out of, this contract shall be instituted in Kern County, California. 19. ~TIME: Time is of the essence in this agreement. 20. HEADINGS: All paragraphs or section captions are for reference only, and shall not be considered in construing this agreement. 21. ASSIGNMENT: This contract shall not be assigned b~ any party, or any party s'ubstituted, without prior written consent of all patti es. 22. BINDING EFFECT: The rights and obligations of this ties to the contract and their heirs, administrators, executors, per- sonal representatives, successors and assigns. 23. ATTORNEY'S FEES: In any action to enforce the terms of this agreement, the' prevail'lng party shall be entitled to recover its attorney's fees and court costs and other nonreimbursable litigation expenses, such as expert witness fees and investigation expenses. 24. MERGER AND MODIFICATION: This contract sets forth the entire agreement between th'e parties, and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 25. INDEPENDENT CONTRACTOR: This agreement calls for the performance Of the services of 'bi'STRICT as an independent contractor, and DISTRICT will not be considered an employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This agreemelnt shall not be construed as forming a partnership or any other association with DISTRICT oth6r than that of an independent contractor. 26. ACCOUNTING RECORDS: DISTRICT shall maintain accurate accounting re'cords and other written documentation pertaining to the costs incurred in performance of this agreement. Such records and documentation shall be kept at DISTRICT's office during the period of this agreement, and after the term of this agreement for a period of three years from the date of the final payment under this agreement, and shall be made available to CITY representatives upon request at any time during regular business hours. 27. TAX NUMBERS: DISTRICT's Federal Tax ID. Number 95-6000412. DISTRICT is a corporation? Yes No × . (Please check o'ne.) o0o (5) IN WITNESS WHEREOF, the parties have executed this A§reement in duplicate the day and year first-above .written. CITY OF BAKERSFIELD By 'CLARENCE E.'MEDDERS MAYOR APPROVED AS TO FORM: A~T~UR J. SAALFIELD CITY ATTORNEY COUNTERSIGNED: GREGORY KLIMKO FINANCE DIRECTOR "DISTRICT" PANAMA-BUENA VISTA UNION~ SCHOOL DISTRICT TITLE Superintendent By TITLE {6) FIRST AMENDMENT TO AGREEMENT NO. 85-143 SERVICE AGREEMENT This Agreement is made, entered into and executed in triplicate, any copy of which may be considered and used as the original hereof for all purposes, as of the__day of__, 1989, in the state of California, county of Kern, city of Bakersfield. BY AND BETWEEN NORTH KERN WATER STORAGE DISTRICT, a district organized under water storage district law, ~ and, ATLANTIC RICHFIELD COMPANY, a Delaware corporation, and, CITY OF BAKERSFIELD, a .California municipal corporation, W I TNE S S E TH: WHEREAS, effective July 1, 1988, ARCO purchased all of the stock of TOC Pacific Coast, Inc., including all 6f the rights of Tenneco Oil Company under that certain Water Service Agreement with District and City dated August 14, 1985. WHEREAS, subject to the terms and conditions of this Agreement, District and City are willing to approve an assignment of ali rights and duties in the. Water Service Agreement from Tenneco Oil Company to TOC Pacific Coast, Inc., and to agree to accept ARCO, as purchaser of TOC Pacific Coast, Inc., in the place and stead of Tenneco Oil Company under said Water Service Agreement; WHEREAS, as of the date of this Agreement, there is no default under any of the terms and provisions of the Water Service Agreement. NOW, THEREFORE, in consideration of the premises and covenants herein' contained, District, ARCO and the City hereby agree as follows: 1. Paragraph 20 of the Water Service Agreement is hereby amended in its entirety and the following is substituted in its place: This Agreement shall be effective until March 1, 1995; provided, however, that either th~ District, ARCO or the City may terminate this Agreement, with reasonable cause, Upon one (1) years written notice to the other two parties as provided in Article II, paragraph 26. 2. Paragraph 21 of the Water Service Agreement is hereby amended in its entirety and the following is substituted in its place: 2 ARCO hereby surrenders all right to empty its discharge water into the Beardsley-Lerdo canal system except as provided in this Agreement. 3. Paragraph 23 of the Water Service Agreement is hereby amended in its entirety and the following is substituted in its place: In the event of any litigation between the District, ARCO or the City in connection with the interpretation, performance or enforcement of this Agreement, the prevailing party or parties in such proceedings shall be entitled to be reimbursed by the other party or par~ies 'thereto for all costs of proceedings, including, but not limited to, court costs, time and expense of personnel, attorney's fees, costs of experts, and other costs of proceedings. Provided, however, that the attorneys' and experts' fees to be reimbursed shall not exceed such amount as the court shall determine to be reasonable. 4o Paragraph 26 of the Water Service Agreement is hereby amended in its entirety and the following is substituted in its place: 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. Parties should be addressed as follows: North Kern Water Storage District 3 Post Office Box 1195 Bakersfield, CA 9,3302 Atlantic Richfield Company Post Office Box 147 Bakersfield, CA 93302 City of Bakersfield 1501Truxtun Avenue Bakersfield, CA 93301 5. Al{CO agrees to be bound by each and all of the terms, covenants, conditions and restrictions contained in the Water Service Agreement, as amended, as if A~CO had executed said Agreement in the first instance. ARCO shall promptly perform and prosecute to.completion any and all obligations of Tenneco Oil Company under said Water Service Agreement. 6. The District and the City accept ARCO in the place and stead of Tenneco Oil Company under the terms of said Water Service Agreement. The consent of District and City contained herein is given pursuant to and shall satisfy the requirements of paragraph' 25 of said Water Service Agreement. ATLANTIC RICHFIELD COMPANY NORTH K~ATER STOt:~GE/~ISTRICT BY: Land Manager ~ BY: CITY OF B~E~SFIELD BY: ~YO~, CITY OF B~ERSFIELD BY: CHIEF FINANCIAL ADVISOR APPROVED AS TO FORM BY: CITY ATTORNEY WP5\NK CITY AGREEMENT NO. AGREEMENT FOR SALE OF NON-KERN RIVER WATER THIS AGREEMENT, made and entered into this 26th day of February , 1990, by the City of Bakersfield, a municipal corporation existing under the laws of the State of California, (City), and Cawelo Water District, a California water district ICawelo). REC I TALS 1. Cawelo desires a long-term agreement with City to purchase certain non-Kern River waters, known as oil field waters, that accrue to City via the Beardsley Canal, and City is willing to sell these waters to Cawelo throughout the term of this Agreement, subject to the conditions contained herein. 2. Oilfield water is recovered as part of oil producing operations including steam injection of wells and the production of water found in the strata that produce oil. Oil field water is gener- ally of lesser quality than Kern River water. 3. Chevron Oil Company, Texaco Producing, Inc., and Arco Oil and Gas Company (Oil Companies) discharge the oilfield waters from oil producin§ operations into the Beardsley Canal under permit and jurisdiction of the California Regional Water Quality Control Board. 4. Oilfield water is not consistently available due to uncertain oilfield operations over which City has no control, and from time to time the water is unavailable. 5. Oilfield water is metered by Oil Companies at the water treatment facilities of each oil company that discharges oilfield water into the Beardsley Canal. 6. City and Cawelo desire that all usable water be retained within the San Joaquin Valley portion of the groundwater basin to increase water supplies and decrease basin overdraft. AGREEMENT 7. TERM. The term of this Agreement shall be for the period of January 1, 1990, through December 31, 1994. 8. PURCHASE PRICE. The purchase price for this oilfield water supply shall be set by the City from year to year, based on then existing conditions and water supplies. Upon learning.the price of the oilfield water for that year, Cawelo will have the option of accepting or rejecting any oilfield water offered under this Agreement. 9. PRIORITY POSITION. Cawelo.shall, at all times throughout the term of this Agreement, have a second priority posi- tion, after City's Kern River Canal and Irrigating Company (K.R.C. & I. Co.) to purchase the oil field water referred to in this Agreement. City at its sole discretion shall determine oilfield water requirements for K.R.C. & I. Co. 10. HOLD HARMLESS AND INDEMNIFY. Cawelo shall indemnify and hold City harmless from all loss and liability, including attorney's fees, court costs, and all other liti§ation expenses arising from the sale or use of the oilfield water to Cawelo. City makes no guarantees or claims whatsoever as to the quality or quantities of this water supply. (2) 11. A NON-KERN RIVER WATER SUPPLY. The water supply referred to herein will not be chargeable to Cawelo as "Basic Contract" or "Miscellaneous Quantity" water, but as a non-Kern River oilfield water supply. 12. DELIVERY POINT. The delivery point for this water supply shall be the terminus of the Beardsley Canal at 7th Standard Road. Rates of flow will be as mutually agreed upon. Transportation or wheeling costs associated with Cawelo's use of North Kern Water Storage District's Lerdo Canal are the sole responsibility of Cawelo, and it is Cawelo's sole responsibility to arrange for and to be responsible for, any losses or transportation cost that may occur with North Kern Water Storage District as a result of this Agreement. 13. PAYMENT. City will invoice Cawelo monthly for water delivered under this Agreement and charges wi,ll be payable to City within thirty (30) days of receipt of City's invoice. 14. NONASSIGNMENT OR TRANSFER. Cawelo shall not assign, transfer, or attempt to resell this right to use oilfield water to any other district or entity without the prior written consent of City, which consent shall not be unreasonably withheld. Cawelo shall supply to City any reasonable information City shall request regarding Cawelo's intention to assign, transfer, or resell the water referred to in this Agreement. Cawelo understands and agrees that this infor- mation is necessary so City can make an informed decision concerning City's approval of any attempted assignment, transfer or sale of water. 15. TERMINATION. This non-Kern River water sale Agreement may be terminated by either party upon thirty (30) days written notice without liability or obligation to either party. (3) 16. ATTORNEY'S FEES. In any action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its attorney's fees and court costs and other nonreimbursable litigation expenses, such as expert witness fees and investigation expenses. 17. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supercedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 18. NOTICE. All notices relative to this agreement shall be in writing and sent by United States Mail, postage prepaid, addressed to the party intended at his address set forth below, or at any other address as that party may designate by notice to the others: City of Bakersfield Department of Water Resources 4101 Truxtun Avenue Bakersfield, California, g3301 Cawelo Water District 17207 Industrial Farm Rd. Bakersfield, California, g3308 19. WAIVER OF DEFAULT. In the event of default under this Agreement by any party, and if such default is waived by the other party, such waiver shall not constitute a waiver of any subsequent defaults by either party, and shall not serve to vary the terms of this Agreement. 20. HEADINGS. All paragraph or section captions are for reference only and shall not be considered in construing this Agreement. 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the par- (4) ties to the contract and their heirs, administrators, executors, per- sonal representatives, successors and assigns. 22. CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants that they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization,~if any, named herein and that this Agreement is binding upon said corporation or organization in accordance with its terms. 23. COMPLIANCE WITH ALL LAWS. Cawelo shall, at Cawelo's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now in force or which may hereafter be in force. 24. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and therefore shall not be construed against any party. 25. INSURANCE. During the term of this Agreement, Cawelo shall maintain a single limit broad form commercial general liability insurance .policy in an amount of not less that $1,000,000 per occurrence with combined liability for personal injury, property damage and automobile liability with a reliable insurance carrier authorized to do business in the State of California and statutory workmen's compensation coverage. Said policy or policies of insurance shall expressly name the City and its agents, officers, and employees as additional insureds. Said insurance shall not be subject to can- cellation, non-renewal, or coverage reduction without thirty (30) days written notice to City. Cawelo shall provide to the City proof of (5) insura-nce.endomsements and certificates of insurance prior to execu- tion of this Agreement. Said proof of endorsements and certificates of insurance shall be attached-to this Agreement as Exhibit A. 26-. TAX NUMBERS. District's Federal Tax ID Number 95-2832712 . District is a corporation? Yes No. X . (Please check one.) 27. SURVIVAL OF REPRESENTATIONS. All representations, warranties and covenants of Cawelo set forth herein shall survive the termination of this a§reement. (6) IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CAWELO WATER DISTRICT CITY OF BAKERSFIELD WATER BOARD oo,,~. ~o~s,/ "~ s^,v^~o, ~TRI CT MA~NAGER CHAIRMAN Agreement No. (7) City of Bakersfield 4101 Truxtun Avenue B~kersfield, ~A 93301 DITCH EI:I;~-DICATION AGREEMENT ~D PIPELINE EASEMENT THI~ )&;l~, dated , between ARB INC., a California. Corporation, hereinafter called "First Party" whether one or more, and Kern River Canal and Irrigation Company, owned in full by the City of Bakersfield, hereinafter called "'Second Party", ~ITNKSSKTH · THAT : ~, Second Party is the owner and operator of the "Beardsley One Ditch", also known as lateral 1-[-0, now existing as an open ditch, and is the owner of a right of way and easement therefor over. and across that certain real proper~y owned by First Party in the County of Kern, State of California, particularly described as fol lows: SEE "E~4IBIT A" '~"":'"'..... ~.-.' ~H~REAS, Fi=st Party desires to fill in and eradicate said open ditch and to substitute therefor a concrete pipeline, of the type and inside diameter hereinafter ~9ecified, in and along said easement and right of way, as hereinafter provided; and ~IEREAS, Second Party is willing to consent to such substitution upon the terms and conditions hereinafter se~ forth; ._ NOW THEREFORE, it is agreed as follows: 1. First Party does hereby grant to Second Party the exclusive and permanent right of way and easement to maintain, alter, repair, improve, reconstruct, enlarge and supplement and to flow and conduct water %hrough a buried pipeline or pipelines over, along and in those certain strips of land in %he County of Kern, Sta%e of California, more .particularly described as follows: SEE "EXHIBIT B" together with all rights convenient and incidental thereto, including the right of ingress to and egress from said strip of land over' and across real property of First Party, and First Party covenants and agrees that no building or other structure shall be constructed, and no trees, vines, or shrubs shall be planted upon said right of way and easement. 2. First Party agrees, at its own expense, %o procure an Easement Guarantee Policy of title insurance in the amount of $2000.00 from World Tile Company or other title insurance company acceptable %o Second Party, insuring tha~ %he right of way and easement herein granted is vested in Second Party free and clear of all liens and encumbrances excepting only those matters waived in writing if any, by Second Party. 3. First Party agrees to construct and install along the center-line of said right of way and easement fifty-four (54) inch inside diameter rubber gasketed Class III reinforced concrete pipe, or as an al. lowed alternate pipe material pelyethylene (PE) large diameter profile wall drain pipe meeting ASTM designation F894-85 for pipeline. Said pipeline shall be of the quality and grade and in the manner to be designated and approved in writing by Second Party's engineer... Said construction and installation work shall be done at a time that will not interfere with the flow or distribution of water through the present ditch as req%lired by Second Party. 4. First Party shall contract for or otherwise have, see above described pipeline, installed and shall pay the entire cost of laying, constructing and installing said pipeline or pipeline, inlets, outlets, and other structures required by Second Party, including costs of all labor and materials incurred or used in cothnection with the installation, trenching, backfilling, leveling and testing the same, and the cost of all engineering, professional and other necessary services furnished by the Second Party or' others in connection therewith. First Party shall provide to Second Party a perfortm~nce bond equal in value to the eng%neer's estimate of the total cost of. the project, in the event that the First' Party shall not pay the entire costs, thereof and c~mplete said work as provided in this agreement, and if the installation of the pipeline(s) is to be contracted for, a payment bond eCltlal in value to one-half of such estimate. Prior to any work being done to install pipeline(s), First Party shall present Second P_arty with & certificate evidenctng required insurance, First Party shall procur? and maintain for the duration of this agreement, the following types and limits of insurance: Commercial General Liability Insurance, including the broad form CGL endorsement, providing coverage on an occurrence basis for bodily injury, including death of one or mere persons, property damage and personal injury, with limits of not less than $1,000,000 per occurrence; and Workers' Compensation Insurance with statutory limits and employers liability insurance with limits of not less than $1,000,000. All such policies shall name Second Party as additional insured. 5. First Party agrees to coherence the construction and installation of said pipeline or pipelines and structures within 24 months. -- 6. First Party agrees that, upon co~letion of construction and installation of said pipeline or pipelines, inlets, outlets and other strugtures, and acceptance of same by Second Party, the same shall become and remain the property of Second Party and First Party shall have no right, title or interest therein, and Second Party shall be in sole and absolute control of the manner, method and time of conducting and discharging water through said pipeline or pipelines and facilities; and the nature and extent of Second Party's right of way and easement shall be in no manner dint%nished or restricted by the construction of said pipeline by First Party. 7. First Party agrees to, keep and maintain said pipeline or pipelines, and the inlets, outlets and other strucutres thereon, in good operating condition and repair for a period of one year after the completion of construction and acceptance thereof by'Second Party, and to pay all costs of such repairs and maintenance and replacement of any part thereof required to maintain said pipeline or pipelines and structures in good operating condition. First Party agrees that, in the event it fails, neglects or refuses to repair, maintain or replace promptly upon demand, any part of said pipeline, or the structures connected therewith, during said period of one year, Second Party shall have the right, but shall not be req~lired, to n~e any such repairs or replacements, and First Party does hereby agree to repay Second Party the cost of any such repeirs or replacements ~de by Second Party within 30 days of mailing by Second Party of an invoice therefor, with interest at 12~ per annum from the date such cost is incurred to the date of repayment if paymant made is received by Second Party within such 30 day period. 8. First Party agrees to indemnify and hold Second Party free and harmless of and from any and all claims and liabilities arising out of or in connection with the construction, maintenance and repair of said pipeline or pipelines, and any other thing or matter done or required herein to be done by First Party. 9. Upon fu/1 perfornmance of this agreement by First Party, and the acceptance of said'pipeline or pipelines and other structures by Second Party, Second Party agrees to quit claim to Firs% Party ~ha% portion of its present open ditch and right of way therfor which will be replaced by said pipeline or pipelines and the right of way and eascament herein granted. 10. Firs% Par~y agrees to pay %o Second Party reasonable attorney's fees, trial preparation expense, and court costs in any successful ac=ion brought by Second Party to enforce any of the terms, covenants and conditions of this agreement. 11. Second Party agrees to quit claim all prior ease~=nts of reco~d. 12. This ag~-ee~ent shall apply to and be binding upon the heirs, executors, administrators, successors and assigns of the re~pec%ive parties thereto. IN WITNESS WHEEEOF, the parities hereto have c~/sed this instrL~ent ~o be executed in d~lication as of the day and y~ abovIIwritten. . PI side,t, AF INC.[  retary, w// INC. First Party ~PPROVED AS TO FORM: City Attorney KEEN RIVER CANAL & IRRIGATING COMPANY Finance Director Chairman, City of Bakersfield Wa%er Board Second Party. EXHIBIT A BEARDSLEY ONE DITCH EXISTING EASEMENT Beginning at a point on the West line of the Northeast quarter (NE 1/4) of Section 21, Township 29 South, Range 27 East, M.D.B. & M., which bears South 00° 00' 29" West 743.36 feet from the North quarter (N 1/4) corner of said Section 21 to the' true point of beginning: Thence, easterly along the North boundary of the canal easement the following bearings and distances: 1. North 89° 27 42" East, 109.261 feet, 2. South 67° 10 28" East, 148.522 feet, 3. South 64° 37 09" East, 27~'.697 feet, 4. South 83~ 44 24" East, 89.282 feet, 5. North 52° 07 11" East, 72.513 feet, and 6. North 35° 56 31" East, 38.788~ feet to a point on the East line of Lot 4 of said Section 21, thence, 7. South O0° 02' 58" East 137.41 feet along said East line to the ~ntersection of the South boundary of the Canal Easement with the East line of Lot 4; thence, westerly along the South boundary of the canal easement, 8. South 50° 48' 31" West, 30.628 feet, 9. South'75° 07' 06" West, 75.063 feet, 10. North 82~ 24' 42" West, 107.399 feet, 11. North 62° 26' 18" West, 288.718 feet, 12. North 66° 49' 48" West, 130.966 feet, and 13. South 87° 38' 43" 86.622 feet to a point on the Nest line of the Northeast quarter of said Section 21, thence, 14. North 00" 00' 29" East 89.41 feet to the true point of beginning. Containing 1.54 acres more or less EXHIBIT B BEARDSLEY ONE DITCH Pipeline Easement through Lot 4, Sect'ion 21, T. 29 S. -R. 27 E., M.D.B. & M. k non-exclusive easement and right-of-way to lay, construct, operate, maintain, repair, reconstruct, change the size of, and remove pipelines, structures, fittings, and other equipment, in, under, across, over, and upon the parcel of land located in the Northeast quarter (NE 1/4) of Section 21, of Township 29 South, Range 27 East, M.D.B. & M. in the unincorporated area of Kern County, California and more particularly described as follows: Beginning at a point on the West line of the Northeast quarter (NE 1/4) of Section 21, Township 29 South, Range 27 East, M.D.B. & M.i which bears South 00° 00' 29" West 793.52 feet from the North quarter (N 1/4) corner of said Section 21, to the true point of beginning. Thence, easterly along the centerline of a twenty (20) foot pipeline easement the following bearings and distances: 1. North 81° 00' 29" East 48.43 feet,~ 2. Thence, South 89° 59' 31" East 20.54 feet, to the beginning of a curve concave southerly and having a radius of 160.00 feet; 3. Thence, easterly along said curve, through a central angle of 24° 54~ 33", an arc distance of 69.56 feet, 4. Thence, South 65° 05' 18" East, 382.26 feet, to the beginning of a curve concave northerly and having a radius of 160.00 feet, 5. Thence, easterly along said curve, through a central angle of 71° 18' 22", an arc distance of 199.12 feet to a point on the East line of Lot 4 of said Section 21, which bears South 00° 02' 58" East 923.38 feet from the Northeast corner of Lot No. 4. Sidelines of said 20 foot strip shall be extended or shortened to meet the West line of the Northeast quarter of Section 21 and the East line of Parcel No. 4. Containing 0.33 acres, more or less. AGREEMENT NO. AMENDMENT TO AGREEMENT NO. 78-12 W.B. THIS AMENDMENT TO AGREEMENT NO. 78-12 W.B., is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, referred to herein as the (CITY), and OLCESE WATER DISTRICT, a California Water District, referred to herein as (OLCESE). RECITALS WHEREAS, OLCESE and Nickel Enterprises have entered into an agreement whereby OLCESE may use certain well water, and riparian waters for specifiedpurposes including offsetting the 13 year in- ground water requirement in the CITY's 2800 Acre Kern River Spreading Facility; and, WFR. REAS, OLCESE has also acquired the so called "Carmel Right" in an agreement between George Nickel dba Kern River Farms; and, W~R. REAS, the CITY is willing to offset portions of the 13 year in-ground water requirement in the CITY's Kern River spreading area because of these additional water entitlements acquired by OLCESE; NOW, THEREFORE, CITY and OLCESE mutually agree as follows: 1. AMENDMENT. CITY and OLCESE mutually agree to amend Paragraph 3 of Agreement No. 78-12 W.B. for a second time. The new Paragraph 3 of Agreement No. 78-12 W.B. shall read as follows: "(3) The following procedure shall be used to determine how much water in the City's Kern River spreading area OLCESE has each year in excess of its needs available for use outside of CITY and outside OLCESE under this Agreement. A consulting engineering firm designated and paid by OLCESE in conjunction with the CITY and after consultation with La Hacienda, Inc., shall annually on or before August 1st. of each year determine what OLCESE's requirements for Hacienda Water Rights water will be for the following 13 years. This water requirement shall be compared to the amount of water that OLCESE then has in storage in the CITY's Kern River spreading area, the riparian rights and water well rights granted to OLCESE under an agreement, between OLCESE Water District and Nickel Enterprises signed March 28, 1990 and the Carmel Right granted to OLCESE in an agreement between George Nickel dba Kern River Farms and OLCESE Water District'dated February 27, 1976 (so long as said agreements are in effect and unmodified) and the amount of water then in storage, that is over 5,000 acre feet greater than the 13 year requirement. The difference shall be deemed to be excess water available for use outside of CITY and outside of OLCESE." 2. REMAINDER OF AGREEMENT. Except as otherwise provided in Paragraph 1 above, the provisions of Agreement No. 78-12 W.B. shall remain in full force and effect. o0o 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY" CITY OF BAKERSFIELD By CLARENCE E. MEDDERS Mayor APPROVED AS TO FORM: ARTHUR J. SAALFIELD City Attorney By COUNTERSIGNED: By GREGORY KLIMKO Finance Director "OLCESE" OLCESE WATER DISTRICT~ By President By Secretary ADD:lg AMENDOLC.K 03/28/90 THIS AGREEMENT, dated March CZar__, 1990, is between OLCESE WATER DISTRICT, a California Water District, organized and existing under and by virtue of the California Water District Law, Division 13 of the California Water Code (here- inafter "Olcese"), and NICKEL ENTERPRISES, a California Limited Partnership (hereinafter "Nickel"). WITNESSETH: WHEREAS, La Hacienda, Inc. and Olcese have entered into an agreement entitled "Contract for Purchase and Sale of Kern River Water and Storage Rights", dated March 18, 1981, under the terms of which La Hacienda, Inc. has transferred to Olcese certain rights to water of the Kern River; and · WHEREAS, said agreement provides that Olcese maintain, in the City of Bakersfield's 2800 Acre' Water Banking Facility, a minimum of the projected- 13-Year Gross Water Requirements for Olcese; and WHEREAS, the City of Bakersfield would allow the 13 year water storage requirement to be offset by the amount of water that the Nickel riparian water rights and wells can safely yield during the 13 year period.if these rights are contrac- tually committed to Olcese; and WHEREAS, Nickel and Olcese have entered into an agree- ment entitled "Agency Agreement for Riparian Lands Olcese Water District", dated March 18, 1981, under the terms of which Olcese is ,appointed as the agent of all the water derived from Nickel's riparian rights; and WHEREAS, Nickel presently owns and operates two water wells located within the boundaries of Olcese with a capacity of producing 7,500 acre. feet of groundwater per year for domestic and irrigation uses from the aquifer underlying portions of Olcese, said wells being designated Rio Bravo Well No, 1 and Rio Bravo Well No, 2, located in the SE/4 of Section 1, Township 29 South, Range 29 East, Mount Diablo Base and Meridian, as indicated in Exhibit A attached hereto, said wells collectively referred to hereafter as "The Wells"; and WHEREAS, Nickel owns the lands within Olcese described in Exhibit A hereto attached; and WHEreAS, Nickel's agricultural irrigation demands are included in the 13-Year Gross Water Requirements and those lands have the right to request water service from Olcese; and WHEREAS, Nickel is willing to contract under certain conditions to provide Olcese the first 1,000. acre feet of production from said Wells for use within Olcese; and WHEREAS, Nickel is willing to contract to assure Olcese that the water derived from Nickel's riparian water rights will be utilized on its lands located within Olcese, and that it will endeavor to insure that these rights shall not be severed from the land. NOW, THEREFORE, IT IS AGREED as follows: 1. Nickel hereby grants Olcese the exclusive priority right to the use of such Wells, identified as Rio Bravo Well No. 1 and Rio Bravo Well No. 2, and to the water produced there- from, in the amount of 1,000 acre feet per year, to the extent Olcese needs to supplement its available water supply or to offset the thirteen (13) year in ground requirement in the City's 2800 Acre Spreading Facility. Any time the City's thirteen (13) year in ground requirement cannot be satisfied by water actually stored within said facility Olcese will call upon the Wells (and riparian rights) to fulfill the thirteen (13) year requirement. Olcese shall have the absolute right to call upon the well (and riparian) rights set forth herein to meet the thirteen (13) year in ground storage requirements. This Agreement and the rights of Olcese hereunder shall be operative only as necessary to provide Olcese with water not otherwise available to it. 2. Nickel shall undertake all responsibility and expense for the maintenance and operation of said Wells, and shall be responsible for costs of operation, maintenance, and power charges. 3. Olcese's priority right to the well water under this Agreement shall be limited to 1,000 acre feet per year;. provided, however, that should Olcese require additional water from the Wells, said amount may be increased upon the consent of Nickel. 4. Nickel shall deliver to Olcese such amounts of water as Olcese shall have requested of Nickel on a written schedule presented on the 15th day of December of each year. Provided, however, that Olcese may revise such schedule as its needs may change from time to time on thirty (30) day written notice to Nickel. All delivery to Olcese shall be at the wellhead of the respective Rio Bravo Well. Olcese -2- shall transport such water to its pumps by means of the Kern River channel, or other means if Olcese so elects. 5. Olcese shall compensate Nickel for water delivered at a rate that is equal to $40 per acre foot, plus the actual prorated energy and standby charges for pumping said water, plus the calculated operation and maintenance charges. Operation and Maintenance charges shall be prorated on an annual basis, based upon the actual amount of water taken during the year by the respective parties. If a well requires replacement, Olcese shall contribute an additional $5.00 per acre foot times the actual amount of water it has taken delivery of out of the Wells during the term of this Agreement, not to exceed one-half of the total actual cost of the replacement of the well. The $40 per acre foot price shall be escalated based on changes from the. January 1, 1990, pri'ce under "all commodities" classification of the wholesale price indices for Major Commodity Group published by the U.S. Bureau of Labor Statistics. Adjustment shall be made in January of each year. If the reference index is discontinued, the parties shall agree upon an appropriate substitute basis to reflect the effects of inflation. Nickel shall meter the water delivered to Olcese as it is extracted and report the quantities to Olcese no later than the 15th day of each month. Olcese shall pay for each month's water within thirty (30) days following the end of the month in which the water is delivered. 6. Olcese shall utilize the water produced from the Rio Bravo Wells only for use within the boundaries of Olcese. No water delivered to Olcese from the Wells shall be sold or otherwise made available by Olcese for use outside the boundaries of Olcese. ?. Nickel shall retain the priority right of use of all production capacity of the Wells to the extent that such capacity is not needed or utilized by Olcese. Nickel shall have no limitation on the right to take or use water from the Wells, except as to the first right of Olcese as provided. 8. The term of this Agreement to utilize the Wells shall be until July 1, 2012 9. Nickel hereby agrees to utilize water derived from its riparian water rights to the maximum extent possible but in no event less than 1,000 acre feet per year of the minimum average yield to meet its water requirements on its lands located within the boundaries of Olcese. Olcese shall have first call on said riparian rights to offset the City's thirteen (13) year in ground requirement for Olcese water storage in the City's 2800 Acre Spreading Facility. Olcese -3- may use riparian or well water or both to satisfy the thirteen (13) year requirement as set.forth above. 10. Any notices required or convenient to be given under the provisions of this Agreement shall be addressed to the parties at the following indicated addresses, which addresses may be subsequently changed by written notice of change: To Olcese: OLCESE WATER DISTRICT P. O. BOX 651 Bakersfield, CA 93302 To Nickel: NICKEL ENTERPRISES 6200 Lake Ming Road Bakersfield, CA 93306. 11. The provisions of this Agreement shall inure to the benefit of and shall be binding upon the heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and year set forth. Dated: ~~~-~) OLCESE WATER DISTRICT By- Secretary Dated- J."~ ., ,L' NICKEL ENTERPRISES j~,,.& . Partner A-OWD 1 3 -4- CONTRACT AMONG THE DEPARTMENT OF WATER RESOURCES OF THE STATE OF CALIFORNIA, CITY OF BAKERSFIELD, AND KERN COUNTY WATER AGENCY FOR COORDINATED WATER SPREADING AND BANKING OPERATIONS DRAFT MARCH 21, 1990 TABLE OF CONTENTS RECITALS 1 1. Purpose 5 2. Definitions 5 3. Use of City Spreading Area 7 4. Use of Kern Fan Element 13 5. Kern River Points of Diversion~ 14 6. Use of Kern River Canal 15 7. Ownership of Water 16 8. Extraction of Banked Water 17 9. Compliance With CEQA 18 10. Indemnification 18 11. Attorney's Fees - Costs 19 12. Term 20 13. Notices 20 14. Successors and Assigns 21 CONTRACT AMONG THE DEPARTMENT OF WATER RESOURCES OF THE STATE OF CALIFORNIA, CITY OF BAKERSFIELD, AND KERN COUNTY WATER AGENCY FOR COORDINATED WATER SPREADING AND BANKING OPERATIONS THIS AGREEMENT is made this day of , 19 , in the State of California, by and among the Department of Water Resources of the State of California (State), the City of Bakersfield, a Municipal Corporation, chartered under the laws of the State of California (City), and Kern County Water Agency (Agency), a public agency formed under the laws of the State of California. RECITALS A. City owns approximately 2,800 acres of land overlying the Kern County Ground Water Basin (City Spreading Area) which lands are set forth on a map entitled Exhibit "A", attached to, and incorporated by reference in, this Agreement. B. City has dedicated the use of City Spreading Area for the spreading, storage, and extraction of Kern River and other waters in accordance with terms established or to be established by the City. C. City has mad~ substantial improvements to City Spreading Area via off-stream basins, levees, check structures and other facilities to increase absorption capacity for spreading and banking of good quality water. D. The City Spreading Area is subject to a priority system based on the following agreements: Agreement No..77-07 W.B. dated November 9, 1977, which Agreement has been amended as set forth in Agreement No. 78-12 W.B. dated June 27, 1978, Agreement No. 81-76, dated April 15, 1981 and a supplemental Agreement No. 84-232 with the Agency. All of these Agreements are between the City, Olcese Water District, and the Agency and are jointly referred to in this Agreement as the "Basic Spreading Agreements" E. On May 2, 1977 the City, Tenneco West, Inc. and Tenneco Realty Development Corporation entered into Agreement. No. 77-71, -which provides for City's use of Tenneco's wells and canals when they'are not used by Tenneco, and provides for purchase by Tenneco of specific amounts of Kern River water for use on the Tenneco property. F. From time to time, City has spreading capacity excess to its own needs on the City Spreading Area, and excess to requirements of others under Basic Spreading Agreements (Excess Spreading Capacity). G. State wishes to enter into an Agreement with the City to utilize the Excess Spreading Capacity of the City Spreading Area for spreading and banking of State water Project (SWP) water or 2 the advanced delivery Agency entitlement water, as a component of the Kern Water Bank whose primary purpose is to augment the dependable water supply of the SWP and will produce local benefits in the form of conservation of local water supplies, ground water overdraft correction and improved ground water levels. H. State owns approximately 20,000 acres that border the City Spreading Area along the Kern River from approximately the Southern Pacific Railway on the east to the California Aqueduct on the west, and from Stockdale Highway on the north to Taft Highway on the south, as set forth in Exhibit "A". The land will be used to develop features of the Kern Fan Element (KFE) of the Kern Water Bank to recharge, store and extract SWP water. I. The parties to this agreement recognize potential benefits in the. coordinated use of respective recharge and extraction facilities. The parties are developing this agreement to set forth the provisions for coordinated water spreading and banking operations and to address the concerns of the parties to this agreement on any possible adverse conditions which may be caused by the operation of the KFE and the City Spreading Area that might limit or restrict the recharge or extraction capability or degrade the ground water quality of either program. J. The parties to this agreement desire to limit the scope of this agreement to the criteria and priority for use of the City Spreading Area by State and the State's KFE facilities by the City up to the amount of the State's use of City facilities in the same calendar year, the water quality requirements for recharge in the 3 City Spreading Area and the monitoring program for the ground water conditions. K. The parties to this agreement desire to gain operational and institutional experience as a foundation for a long-term agreement. L. City is willing to permit the use of City's Excess Spreading Capacity by State, subject to appropriate water quality, operational, and financial conditions and arrangements. M. To compensate the City for Lost Spreading Capacity, the State is willing to permit the use of. State's recharge facilities by City up to quantities equal to the State's use of City's facilities in the same calendar year, subject to availability of facilities and appropriate water quality, operational, and financial conditions and arrangements. N. State and Agency have entered into a memorandum of understanding dated March 25, 1987, which sets forth the principles for developing, operating, and managing the proposed Kern Water Bank. This Agreement shall be one of several agreements which the State and the Agency plan to be parties to pursuant to Water Code Section 11258. O. State and City have installed monitoring wells in the City Spreading Area, in anticipation of the coordinated operation of the City Spreading area and the Kern Fan Element. AGREEMENT 1. PURPOSE. The purpose of this agreement is to provide for: a. The interim use of the City's Spreading Area recharge facilities by the State. b. The interim recharge on State KFE property by the City up to the amount that the State's recharge in the City Spreading Area reduces the City's recharge capability in the same calendar year. c. A limited term arrangement for the coordinated operation of State and City ground water programs to gain operational and institutional experience for a long term agreement. d. The State and City will honor existing contractual rights and obligations under Agreement No. 77-71 with respect to KFE lands acquired by the State from Tenneco West, Inc. State agrees any purchase and use of Kern River water Pursuant to Agreement No. 77-7i shall only be used on the State KFE property and shall not be exported either directly or indirectly from that property. 2. DEFINITIONS a. Kern Water Bank shall mean all opportunities for the State to store and extract imported SWP water in ~he Kern County Ground Water Basin by contract with the Agency pursuant to Water Code 11258. b. State KFE property shall mean that area of approximately 20,000 acres overlying the Kern County Ground Water Basin located in the Kern River Fan west of Bakersfield as set forth on map entitled Exhibit "A". c. KFE shall mean a component of the Kern.Water Bank consisting of those project facilities intended for ground water recharge and extraction primarily on State KFE property. d. City Spreading Area shall mean that area of approximately 2,800 acres overlying the Kern County Ground Water Basin located in the Kern River Fan and set forth on map entitled Exhibit "A". e. Kern River Water shall mean that surface water naturally occurring in the Kern River Basin watershed. f. City Spreading Capacity shall mean the'volume or rate over time that the City Spreading Area can receive, spread and bank water. g. Excess Spreading Capacity shail mean that City spreading Capacity, as determined by City, which is excess t0 its own ground water, recharge requirements within the City Spreading Area and excess to the rights under the Basic Spreading Agreements. h. Net State Spreading Volume shall mean that volume of water recharged by the State in the City Spreading Area in excess of the water recharged by the City in State KFE property during any calendar year, calculated to the end of each calendar year. i. Lost Spreading Capacity shall mean that reduction in City Spreading Capacity over time resulting from use by State which would otherwise have been used by City for its own ground water recharge requirements and by others under the Basic Spreading 6 Agreements, as computed by the City andmutually agreed to by City and State. j. SWP water is water developed under the State Water Resburces Development System. k. Basic Spreading Agreements include Agreement No. 77-07 W.B. dated November 9, 1977, which agreement has been amended as set forth in Agreement No. 78-12 W.B. dated June 27, 1978, Agreement No. 81-76, dated April 15, 1981, and a supple- mental Agreement No. 84-232 with the Agency. All of these agreements are between the City, Olcese Water District, and the Agency and are jointly referred to in this agreement as the "Basic Spreading Agreements". 1. Basic Spreading Contractors shall mean Olcese Water District, Buena Vista Water Storage District, and Kern County Water Agency. m. The terms "Recharge" and "Store" shall mean the percolation of surface waters into the underlying groundwater basin. 3. USE OF CITY SPREADING AREA: a. State shall have the right under City operation to use City's Excess Spreading Capacity to spread and recharge SWP water~ in City Spreading Area subject to all the limitations expressed in this Agreement. (1) All rights created in this Agreement shall also be subject to and shall not affect those rights, granted to the Basic Spreading Contractors by City. 7 (2) Whenever Kern River or other local water, including Friant-Kern Canal water, is available for spreading in City Spreading Area, it will be given priority for spreading over water from the California Aqueduct. (3) In consideration for the establishment of a priority spreading position immediately following the Basic Spreading Agreements, and in order to help maintain a positive hydraulic gradient from the City Spreading Area to the State KFE properties, State agrees that over the life of this agreement, a minimum of ten percent (10%) of the SWP water spread as part of the KFE shall be spread in City Spreading Area. The parties agree that this 10% requirement is a negotiated amount and sets no precedent for future agreements. For each day local uses under the Basic Spreading Agreements require full utilization of City Spreading Facilities during the same period that the State would have otherwise recharged water in the City Spreading area and the State was.recharging to the maximium extent possible on the KFE property, the quantity of water that would have been recharged by the State in the City Spreading Area shall be subtracted from this 10% requirement. b. Operational Conditions: (1) State shall make every reasonable effort to use the highest quality water available for spreading in City Spreading Area and State KFE property. Primary consideration shall be given to making high quality water available through SWP operaSions or direct exchanges'of SWP water for Kern River or Friant-Kern Canal water using local district facilities. (a) At no time shall the daily water quality of SWP water delivered to City Spreading Are~ be in excess of 500 parts per million of total dissolved solids.· (b) The weighted average water quality of any SWP water delivered to City Spreading Area shall not exceed 440 parts per million of total dissolved solids based on fl0w during any 30-day period. (c) The weighted average water quality of any SWP water delivered to City Spreading Area shall not exceed 300 parts per million of total dissolved solids based on flow in any previous 12 month period. (d) State shall not spread or recharge water in City Spreading Area that would not comply with the conditions set forth in b.(1) (a), (b), and (c) above and with applicable federal and state, or local government water quality laws, standards, regulations, or statutes, pertaining to all groundwater recharge in City Spreading Area, whether in existence on the date this A~reement is executed or promulgated at any time, once such standard or provision becomes final and enforceable by the appropriate governmental agency. (2) The parties shall cooperatively develop and contribute resources toward a monitoring program to determine the quality and quantity of all water spread in City Spreading Area and State ~E property. (3) The parties shall, from timel to time, jointly review the water quality provisions of this Agreement in light of State and Federal regulations governing the quality of surface water or groundwater provided by public water supply systems to determine whe%her the water quality provisions of this Agreement require modification. (4) Each party shall provide at least 5 working days notice to the other parties, or less by mutual consent, concerning the availability or cessation of deliveries to the recharge facilities. (5) Once access and use of recharge facilities has been.granted by City to State, such access to the facility shall be for a minimum of 30 consecutive days or duration of available supply, whichever is less, in. order to avoid disruptions of water service and conveyance operations, with the following exception: In the event of a sudden unforeseeable storm condition or other emergency, State shall make every reasonable effort to discontinue spreading within 24 hours of notification by City. c. Spreading Fee: (1) At the end of each calendar year the Net State Spreading Volume shall be calculated and agreed to among the parties. In those years in which net State spreading occurs, State shall pay ~o City for each acre-foot of Net State Spreading Volume a Spreading Fee consisting of a Spreading Component, a 10 Facilities Improvement Component and an Operations and Maintenance Component. The Facilities Improvement Component is reimbursement for capital improvements funded by City after January 1, 1984, and when such capital improvements are totally paid the Facilities Improvement Component will cease to be charged or collected. (2) Components of the Spreading Fee provided for in this Section are subject to escalation on the basis of the Price Index "All Commodities" classification for the Wholesale Price Indexes for Major Commodity Group published by the U. S. Bureau of Labor Statistics, using the base January 1982 equal to 100. Adjustments to the Spreading Fee will be made prior to February 15 of each year, or as soon thereafter as is possible based on the January Index for the current year. Fees payable during a calendar year shall be based on the January Index for that year. (3) The total Spreading Fee for 1990 is $8.50. The method of computation for determining the Spreading Fee for 1990 and for future years is shown below. 11 COMPONENT BASE ESCALATION FACTORS COMPONENT YEAR [Price Index in 1990] OF COST [ Base Year Index ] SPREADING FEE FOR 1990 Spreading $3.00 x 114,9 = $ 5.29 (July 1977 Base Year 65.1 Index = 65.1) Facilities $1.50 x 114,9 = $ 2.65 Improvement 65.1 (July 1977 Base Year Index = 65.1) Oper&tions and $0.50 x 114,9 = $ 0.56 Maintenance 102.9 (July 1984 Base Year Index = 102.9) TOTAL SPREADING FEE FOR 1990 $ 8.50 (4) To reimburse City for on-going costs related directly to State participatio~ in City Spreading Area,. i.e., recordkeeping, ground-water accounting, providing water forecasts and scheduling information on local water conditions; and produc- tion of an annual report showing all spreading, banking, extraction and transfer activities and accumulated storage balances in the City Spreading Area as well as non-recharge year maintenance, State agrees to a minimum annual calendar year payment of twelve-thousand dollars ($12,000) payable to City. City shall subtract from this annual payment any Spreading fees received from State that year for use of City Spreading Area. However, in no event during the life of this Agreement shall the annual payment to City be less than twelve-thousand dollars except for the first year which shall be prorated on a monthly basis from the date of execution of this agreement. 12 (5) Fees fOr the agreed to Ne% State Spreadin~ ~ Volume will be calculated by the City to the end of each calendar year and be due and payable by State to City within sixty (60) days after receipt of City invoice. 4. USE OF KERN FAN ELEMENT; a. To offset any lost spreading capacity by City due to the use of the City Spreading Area by State, City and its Basic Spreading Contractors shall have a priority right to use State KFE property and/or facilities for spreading and banking of local waters in any calendar year during which the State has used City Spreading Area. The maximum City Spreading Capacity is presently estimated by City to be at least 200,000 acre-feet per year. The priority right to use State KFE Facilities granted to City by State shall not exceed the amount of water determined to be lost spreading capacity resulting from the State spreading its water in the City Spreading Area, which, in any case, shall not exceed the amount of State's recharge in City's facilities. (1) State shall provide, at no cost to the City and its Basic Spreading Contractors, works and facilities necessary or appropriate on State KFE property to divert Kern River water or other local water into State's spreading areas and to spread said water for the purposes set forth in Section 4(a). (2) State will not charge City and its Basic Spreading Contractors any user fees on City water spread on State KFE property for the purposes set forth in Section 4(a). 13 b. Operational conditions. (1) Each party shall provide at least 5 working days notice to the other party, Or less by mutual consent, concerning the availability or cessation of deliveries to the recharge facilities. (2) Once access and use of recharge facilities has been granted by State to City, such access to the facility shall be for a minimum of 30 consecutive days or for the duration of available supply, whichever is less, in order to avoid disruption of water service and conveyance operations, with the following exception: In the event of sudden unforeseeable storm condition or other emergency, the City shall make every reasonable effort to discontinue spreading within 24 hours of notification by. State. 5. KERN RIVER POINTS OF DIVERSION: a. A northern and/or southern point of diversion from the Kern River to be located on City property in Section 9 of T30S, R26E, MDB&M, or at some other agreed upon location, may be used for the following purposes: (1) reciprocal use of facilities as provided in this agreement; (2) storage by State of SWP water by exchange for Kern River water on State KFE property; (3) storage by the Agency of local water on State KFE property as provided for in paragraph 5(e) of the Memorandum of 14 ,: Understanding dated March 25, 1987, between the State and the Agency% City agrees to provide the State and Agency construction easements for said points 'of diversion on City property provided the City controls the diversion headworks and all construction costs are paid by the State and the Agency. Specific terms, conditions, and operational criteria for the points of diversion shall be by separate agreement between the City, the State and the Agency. 6. USE OF KERN RIVER CANAL; a. Subject to the rights of the City and the rights of any other entity under the 1964 Amendment of the Miller-Haggin Agreement, or prior City contracts, State may use the Kern River Canal for transportation of water to recharge sites on State KFE property or for transportation of 'water pumped from State KFE property. b. Use of the Kern River Canal as shown on Exhibit "A" by the State shall be scheduled with the City, shall be arranged so that it will not interfere with other uses of the Kern River Canal by the CiSy or any other entity with prior rights, and will be subject to the usual transportation costs provided in paragraph 5(h) of the 1964 Amendment of the Miller-Haggin Agreement. c. Each Party shall provide at least five working days' notice to the other party, or less, by mutual consent, concerning the availability or cessation of deliveries to or from the. recharge facilities. 15 7. OWNERSHIP OF WATER: a.. State shall retain all rights of ownership, of all waters State stores in City Spreading Area, including the right to transfer ownership to Agency as may be subsequently agreed to between the State and Agency. b. City and its Basic Spreading Contractors shall retain all rights of ownership of all water City and its Basic Spreading Contractors store in State KFE property. c. City shall maintain accurate records of the quantities of SWP water diverted and stored in City Spreading Area. Copies of said records shall be furnished to State on a monthly basis. d. State shall maintain accurate records of the quantities of Kern River Water diverted and stored in State KFE property on behalf of City and its Basic Spreading Contractors; copies of said records shall be furnished to City on a monthly basis. e. It is recognized and agreed to by the parties to this Agreement that the S~ate may choose in the initial development of the Kern Fan Element to have water stored in the Kern County Ground Water Basin as advance delivery of SWP entitlement to the Agency. This advance delivery is proposed to be made by the State to the Agency at the Cross Valley Canal turnout at Tupman. To the extent that any water as part of operations of the Kern Fan Element is recharged as advance delivery of Agency SWP entitlement, the Agency shall assume State responsibilities in this Agreement for Sections 3, 4, 6, 7(a), 7(b), 7(c), 7(d), and 8. It is further 16 recognized by the parties that water stored in the City Spreading area pursuant to this Section 7(e) shall not be considered as water stored pursuant to Agreement No. 81-76, dated April 15, 1981, and a supplemental Agreement No. 84-232, between the Agency and the City. It is further recognized that the State and Agency must enter into a separate agreement to implement advance delivery of entitlement to the Agency. 8. EXTRACTION OF BANKED WATER; The parties recognize that each will extract water each party has stored in the City Spreading Area. The parties agree to cooperate and coordinate with each other in the extraction of all water stored in the City Spreading Area subject to the following:~ a. State shall not have the right to use existing facilities or construct any facilities in City Spreading Area for extraction of State-owned water unless otherwise agreed to by City. b. Extraction of water stored in City Spreading Area by State shall be limited to the amount of water previously stored by State. c. To help avoid potential interference with City's on-going local extraction program, State agrees not to drill or place extraction wells closer than one-half (1/2) mile from existing extraction wells located in City Spreading Area without prior written consent of City. The City shall not unreasonably withhold its consent. State and City agree to monitor and establish operational criteria for all existing KFE extraction wells acquired from Tenneco that are'located within one-half (1/2) 17 mile of City Spreading Area in order to maintain optimum groundwater pumping levels for State and City projects. 9. COMPLIANCE WITH CEQA; a. State shall comply with the California Environmental Quality Act (CEQA) and all related regulations if, as, and when applicable. 10. INDEMNIFICATION; a. State shall indemnify, defend (upon written request of the City), and hold harmless city and Agency, its officers, employees, and agents from any and all loss, damage, liability, claims, or causes of .action of every nature whatsoever from damage to or destruction of, or interference with the use of ownership of property or for personal injury to any person arising out of, caused, or resulting from State's use of the City's land or facilities for the purpose herein authorized; provided, however, that State shall have no such obligation with respect to such' of the foregoing as are caused by the sole active negligence or willful misconduct of the City, its officers, employees and agents. b. Cit~ shall indemnify, defend (upon written request of the State), and hold harmless the State and Agency, its officers, employees, and agents from any and all loss, damage, liability, claims, or causes of action of every nature whatsoever from damage to or destruction of, or interference with the use or ownership of property or for personal injury to any person arising out of, caused by, or resulting from the City's use of the State's land or facilities for the purpose herein authorized by the City, or its 18 Basic Spreading Contractors acting pursuant to this Agreement; provided, however, that the City shall have no such obligation with respect to s~ch of the foregoing as are caused by the sole active negligence or willful ~misconduct of the State, its officers, employees and agents. c. Agency shall indemify, defend, (upon ..... ) 11. ATTORNEY'S FEES - COSTS: a. In the event of litigation between the parties with respect to this agreement, including interpretation or enforcement of any of the terms or provisions hereof, the prevailing party in such litigation shall be entitled to recover, in addition to any other relief granted, all of such party's litigation expenses, including without limitation, costs of suit, expert witness fees, and attorney's fees; provided, however, said attorney's fees shall be in an amount that is reasonable and such amount shall be fixed by the court or tribunal before which the litigation is pending. 12. TERM: a. The term of this agreement shall be five (5) years commencing January 1, 1991 through December 31, 1995. Beyond December 31, 1995, this agreement will renew annually unless terminated by either-party upon 30 days written notice to the other party. b. In the event local water quality criteria precludes the State from spreading water under this agreement, the State may, at State's option, terminate this agreement. Such termination by the State shall not relieve the State of its obligations to pay 19 fees and payments set forth in Article 3 (c) of this agreement uD to the date of termination. c. The parties recognize and agree that upon expiration or termination of this Agreement, Sections 7, 8, and 10 shall remain in full force and effect. 13. NOTICES; a. Any notice, request, tender, demand, delivery, approval or other communication provided for, required or arising under this agreement shall be in writing and shall be deemed delivered if in person to an individual or any officer of a corporate party, or, if mailed, three (3) business days following deDosit~in the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed to the party or parties at the address or addresses of which such party may give notice in the manner set forth herein: CITY: City of Bakersfield Department of Water Resources 4101 Truxtun Avenue Bakersfield, CA 93309 STATE: State of California Department of Water Resources Division of Operations and Maintenance State Water Project Analysis Office P. O. Box 942836 Sacramento, CA 94236-0001 AGENCY: Kern County Water Agency 3200 Rio Mirada Drive Bakersfield, CA 93308 20 14. SUCCESSQRS AND ASSIGNS: a. The terms and provisions of this agreement shall bind and shall inure to the benefit or the parties hereto and their respective successors and assigns; provided, however, the State and Agency shall not be entitled to transfer or assign their right, except as between themselves, title or interest in and to this agreement, in whole or in part, without the express prior written consent of City, its successors or assigns, and each of them. 21 IN WITNESS WHEREOF, the authorized representatives of the parties have executed this agreement on the day and year first above written. Approved as to legal form STATE OF CALIFORNIA and sufficiency: DEPARTMENT OF WATER RESOURCES Chief Counsel Director Date Date Attest: CITY OF BAKERSFIELD City Clerk Mayor Date Date City Attorney City Finance Director Date Date KERN COUNTY WATER AGENCY Agency Attorney Name Date Date 22 ; o: ~ (FRIAN -I~ CANAL)''''7' N , = '-~ - sYoc~o~L~ .~.w~Y-~ KERN WATER BANK .- ~ ~'" o ...~' KERN FAN ELEMENT , '~' , ' : '" , :~ PROPERTY ? ..-'~ - :. ~ ~ 'AND -~ ~ ~- ~-.- ~ CITY OF BAKERSFIELD ~ ..~.. ~ 2800 ACRE RECHARGE ............ ' FACILITY ~..~..~_~L , ,..~, " EXHIBIT '~" TO DWR/COB/K~A . ~- ~.. COORDINATED WATER ~ '~ SPREADING AND BANKING .- , .... ., .~.~.~ .... - i;t O.ER T ONS GREE E.T . , .[~[~.! ....... . .. : .~ "'~, .... ~ ~' ~ ~ :~' ~ -.- ......... ~... i TAFT.. .I~IGHWAY · '>_ --' ,,i _!. : -.,1 '.. iZ : ° ' ' ;'~ o · ,, · ~!UJ Lo ea .......... ' - LEGEN~ ' ~'- ,~ i ....... i .. _e ~ ~ PROPERTY OFFERED FOR '., "° .... .-aaa~l' ....... ~ SALE ,~, .:r.- : '~ ': :" ' - ' C.V.C. TURNOUT ~ "~? .......... .2-~ ' ~ C.V.C. PUMP~NO PLANT ,~ J ' ' ~ ~ DIRECTION OF FLOW ........... , ......... - ....... o EXISTING WELLS .... ~? o .... ' o.:-~, ~ ~f. ~ · EXISTING TURNOUTS ' ~'",~' '~,~., ' _'..,.,.,. ~'""~ .......... ,..?' DWR PURCHASE ~ ~ ~APLES / . ~ '~, ',] PREPARED BY KCWA [.S. TETSON ENGINEERS NC,1 1113 I ! CIVIL AND CONSULTING ENGINEERS 3104 East Gorvey Avenue 224 Avenido Del Mar 2171-K E. Francisco Blvd. West Covina, California 91791 Suite D San Parcel, California 94901 (818) 967-6202 San Clernente, California 92672 (415) 457-0701 Fax (818) 331-7065 (714) 492-2777 Fox (415) 457-1638 Fax (714) 492-1658 San Clemente March 23, lgg0 REPLY TO: Mr. Stuart Pyle, General Manager -'~t.,.% LEITER LOILL Kern County Water Agency ESr_. SENT ~ P. O. Box 58 - - Bakersfield, CA. 93302-0058 t~E' l;:)ls£gs AT Dear Mr. Pyle: WATER 60ARt:) As consultant to the City of Bakerfield Water Department, I have reviewed the draft report entitled "Urban Bakersfield Water Supply Plan for Improvement District No. 4, Kern County Water Agency," February 1990. Although I agree with the objective of planning ahead to assure that municipal and domestic water supplies will be available for the urban Bakersfield area in the future, it should be kept in mind that the City of Bakersfield took the lead some 25 years ago in planning for future water supplies for the urban Bakersfield area. The City not only supported obtaining the municipal and industrial allocation of State Project water to the urban Bakersfield area, but it expended a great deal of effort and money to obtain a separate Kern River water supply through the acquisition of the water rights and water properties of Tenneco West, Inc. The City of Bakersfield over the years has cooperated with other public agencies and water purveyors in the urban Bakersfield area in making its water facilities and water supplies available in and around the urban Bakersfield area. The City's water sources represent more than one-half of the total projected water supply available for the Metropolitan Priority Area of the Urban Bakersfield water Supply Plan, as shown in Table 4.1.1 of the report. I see no reason to designate a single wholesale water operation agency, as suggested at page two of the report. I also she no reason to expand the boundaries of Improvement District No. 4 of the Kern County Water Agency. Neither of these suggestions creates additional water or reduces the cost of water. The urban Bakersfield area should not be used as a vehicle to supply additional surface water to agriculture to lessen economic impacts on agriculture, as recommended at page 5 of the report. The overall water management plan for the urban area should be one that provides the necessary quantity and quality of water for future urban needs. Urban and agricultural water supplies and water requirements should stand on their own and neither should be used to subsidize the other. In'the Environmental Impact Report Re: Use and Disposition of Property and Water Rights Acquired by the Ci~ of Bakersfield from Tenneco West, Inc., in Settlement of Litigation, September 29, 1975, page I-4, it stated 'q'he City of Bakersfield has long recognized the need to assure a long-term, high quality source of supplemental water to meet the increasing needs of the urban Bakersfield area." The City of Bakersfield, through its long-range planning initiated some 25 years ago, has acquired and developed water supplies and facilities to meet the needs of the City and areas to be annexed to the City. The Urban Bakersfield Water Supply Plan should not duplicate nor interfere with the City's plans. It shodld 'supplement the City's plans and each of the entities proposing to participate in the Water Supply Plan should retain the ownership and control of its own water rights and water facilities. This is not to say that there should not be joint participation in major facilities which can be commonly used by those wishing to participate in them. There is no reason to expand Improvement District No. 4 or to create a new water supply agency to assume wholesale water supply responsibilities and assets of agencies such as the City of Bakersfield, Olcese Water District and East Niles Community Services District, as suggested at page 6 of the report. Another layer of government is not needed nor is it desirabli~. Wholesale water supply agencies are formed to supply imported water: the Kern County Water agency is a wholesale agency and has committed its imported supplies to its member agencies and Improvement District No. 4. The supplying of local surface water is the logical responsibility of each of those who own rights to local surface water supplies. Creation of an Action Committee, as described at pages 6 and 7 of the report, appears to be unnecessary. It suggests that all urban water suppliers pool their water supplies and turn them over to a water supply agency to operate some type of a community wholesale water supply system. This seems totally unnecessary in that the urban water purveyors have acquired their own water supplies, have been operating their own systems, have been meeting their water supply requirements and have been cooperating to assist one another as the need arises. In lieu of establishing an Action Committee and having such committee consider the establishment of a wholesale Water Supply Agency or the expansion of Improvement District No. 4 as a wholesale water supply agency, the Urban Bakersfield Water Advisory Committee. could address the need for the facilities which are described in chapter 5 of the report. As some of those facilities may be needed in the future, the potential beneficiaries of the facilities can determine what is needed, what it will cost, how it will be funded and operated and how the cost sharing will be achieved. Sincerely, Thomas M. Stetson DOMESTIC WATER ENTERPRISE MAINLINE EXTENSION REFUND AGREEMENT SPECIAL MEETING WATER BOARD - CITY OF BAKERSFIELD April 2, 1990 TRACT or ORIGINAL REFUND 2½% DEVELOPER PARCEL MAP COST OF COST DeWalt-Porter Civil Engineering TR #5034-Phase 4 $21,398.00 $ 534.95 2340 Niles Street Bakersfield, CA 93306 TOTAL ........... $21,398.00 $ 534.95 DOMESTIC WATER ENTERPRISES MAINLINE EXTENSION REFUND REASSIGNMENTS Special Meeting, Water Board - City of Bakersfield April 2, 1990 Tract/ Water Board Parcel Remaining Reassigned to % No. Map Balance PROFSERV PENSION PLAN 22% 80-35 W.B. TR #4220 $45,464.42 Cole Lester, Trustee P. O. Box 222777 Carmel, CA 93922 TOTAL .............. $45,464.42