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HomeMy WebLinkAbout09/17/03City of Bakersfield Water Board Meeting of September 17. 2003 Water Resources File Packet CITY OF WATER BOARD Mark C. Salvaggio, Chair David Couch, Vice Chair Harold Hanson CITY OF BAKERSFIELD WATER BOARD - REGULAR MEETING Wednesday, September 17, 2003 - 4:30 p.m. water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA 1. CALL MEETING TO ORDER 2. ROLL CALL 3. TOUR A. Tour of Rio Vista Creek- 1/2 Hour (Reconvene at Water Resources Conference Room - Approximately 5:00 p.m.) 4. MINUTES A. Minutes of the July 14, 2003 Meeting for approval- For Board Review and Action 5. PUBLIC STATEMENTS ~' ''~' " ..... 6. KERN RIVER LEVEE DISTRICT A. No Report 7. REPORTS A. Kern River Operations Report 8. OLD BUSINESS A. Update on request to Kern County Water Agency for treated water to serve Northwest Bakersfield - For Board Information B. Kern River Parkway Signage - For Board Information 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 · (661) 326-3715 WATER BOARD AGENDA PAGE 2 SEPTEMBER 17, 2003 9. NEW BUSINESS A. Staff Letter to Kern County Water Resources Committee/Biosolids Task Force concerning land application of imported biosolids- For Board Review B. Amendment No. 2 to Agreement No. 94-01 W. B. For Recovery and Exchange of Banked Water with Buena Vista Water Storage District- For Board Approval C. Ditch Eradication Agreement and Pipeline Easement Agreements: 1 .) Donald and Connie Wattenbarger for Tentative Tract 6097; 2.) Tim and Sharon Banks for Tentative Tract 6143.- For Board Approval and Recommendation to City Council D. Agreement for .Discharge of Oilfield Wastewater into the Bear. dsley-Lerdo Canal System with Chevron/Texaco and North Kern WSD --:' For Board Review and Recommendation to City Council 10. MISCELLANEOUS 11. WATER BOARD STATEMENTS 12. CLOSED SESSION A. Conference with Legal Counsel- Existing Litigation: Closed Session Pursuant to Government Code Section 54956.9(A) City of Bakersfield vs. Kern Delta Water District, Kern County Superior Court Case No. 250283-RDR. B. Conference with Legal Counsel - Existing Litigation Closed Session Pursuant to Government Code Section 54956.9(A) North Kern Water Storage District vs. Kern Delta Water District, et al, Tulare County Superior Court Case No. 96-172919. 13. CLOSED SESSION ACTION 14. ADJOURNMENT Ge Water ~esour~es Manager POSTED: September 12, 2003 S:\WB MINUTES 2003\WBAGENDASeptember 17.doc Water Board Meeting ' :' September 17, 2003 3. TOUR A. Tour of Rio Vista Creek- 1/2 Hour (Reconvene at Water Resources Conference Room - Approximately 5:00 p.m.) Water Board Meeting, September 17, 2003 4. MINUTES A. Minutes of the July 14, 2003 Special Meeting for approval- For Board Review and Action MINUTES OF THE SPECIAL MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD MONDAY, JULY 14, 2003 - 4:30 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 1. CALL MEETING TO ORDER The meeting was called to order by Chairman Salvaggio at 4:30 p.m. "~ 2. ROLL CALL Present: Chairman Salvaggio, Members Couch (seated at 4:43 p.m.), Hanson Absent: None 3. MINUTES A. Minutes of the May 21,2003 Meeting for approval Motion by Hanson to approve the minutes. APPROVED. Couch absent. 4. PUBLIC STATEMENTS None. 5. KERN RIVER LEVEE DISTRICT A. No Report 6. REPORTS A. Kern River Operations Report Steve Lafond, Hydrographic Supervisor, gave a brief update and stated we are looking at a river flow from the Hart Park area, Past the Stockdale bridge, through Labor Day this year. 7. OLD BUSINESS A. Update on request to Kern County Water Agency for treated water to serve Northwest Bakersfield. FIorn Core, Water Resources Director, stated the plans for the pipeline have been completed by the engineering firm, the right-of-way and easements are being procured, a financial analysis has been performed by an independent accounting firm and staff is reviewing that document. No action taken. Bakersfield, California, July 14, 2003 - Page 2 8. NEW BUSINESS Chairperson Salvaggio moved New Business Items B. C. and D. forward on the agenda. B. Reimbursement Agreement with California Water Service Co. for facilities modification at Kern River Intake Pumping Plant. Florn Core, Water Resources Director, stated this reimbursement agreement is for California Water Service to install a water level monitoring system, sand pumps, upgraded inlet/outlet structure in our reservoirs that were omitted in the original plans. .?.. , Motion by Salvaggio to approve the agreement (No. 03-21 W.B.) APPROVED. Couch absent. C. Domestic Water Serv.ice Mainline Extension Agreement Refund Re-assignments. Florn Core, Water Resources Director, stated these are routine contracts that the City has with developers who install water mains and services for our system. There is no increase or decrease in cost to the City. Motion by Hanson to approve the agreement. APPROVED. Couch absent. D. "Friends of the River Organization" Council Referral No. Ref000535. Florn Core, Water Resources Director, responded to Council Referral question of "How this group helped protect the Kern River". He stated in the middle 1980s this organization supported designation of the upper Kern River, in the South Fork and North Fork, as "Wild and Scenic" designations and in 1996 they opposed the re- licensing of Southern California Edison Power Plant No. 3, above Kernville. They proposed decommissioning the existing hydro power project at the North Fork of the Kern River. These actions did not affect the City of Bakersfield. NO ACTION TAKEN Member Couch was seated at 4:43 p,m. ~ A. Kern River Parkway Signage. Gene Bogart, Water Resources Manager, introduced Gary Hoetker and Steve Kaiser, representatives of the Bakersfield East Rotary Club, who stated as part of the Rotary International Centennial Year 2005 celebration, they have selected the Kern River Parkway Signage project as their centennial community project. They have been working in collaboration with Gene Bogart, Maurice Randall, Rich O'Neill (Kern River Parkway Committee) and Pete Smith (Kern COG) to set the framework for the signage that will be located along the Kern River bike path. Water Resources Manager Bogart stated the Rotary Club will sponsor the sign and the City would provide the pedestal. A model pedestal with sign was displayed. Motion by Couch to direct staff to move forward with this project. APPROVED. Bakersfield, California, July 14, 2003- Page 3 9. MISCELLANEOUS None. 10. WATER BOARD STATEMENTS Salvaggio requested staff update him on the status of his request to plant a tree in memory of Bill Cooper's son. 11. CLOSED SESSION ~ Motion by Salvaggio to recess to Closed Session at 4:58 p.m. 'i A. Conference with Legal Counsel- Existing Litigation: ~ Closed Session Pursuant to Government Code Section 54956.9(A) City of Bakersfield vs. Kern Delta Water District, Kern County Superior Court Case NO. 250283-RDR. B. Conference with Legal Counsel - Existing Litigation Closed Session Pursuant to Government Code Section 54956.9(A) North Kern Water Storage District vs. Kern Delta Water District, et al, Tulare County Superior Court Case No. 96-172919. Motion by Salvaggio to adjourn from Closed Session at 5:10 p.m. and reconvene the special meeting. 12. CLOSED SESSION ACTION Chairman Salvaggio stated there was no reportable action taken in Closed Session. 13. ADJOURNMENT Motion by Couch to adjourn the meeting at 5:12 p.m~ ~'~ Mark Salvaggio -Chairman City of Bakersfield Water Board Bobbie Zaragoza, Secretary City of Bakersfield Water Board Water Board Meeting September 17, 2003 6. KERN RIVER LEVEE DISTRICT A. No Report Water Board Meeting September 17, 2003. 7. REPORTS A. Kern River Operations Report KERN RIVER NATURAL FLOW, REGULATED FLOW, & ISABELLA RESERVOIR STORAGE 2002 - 2003 WATER YEAR ............. .................. 600,000 5000 ![ 2§08.~6 FL) 550,000 4500 i ........................................................................................................................ 2603.9d FL) 4000 ............ [ ............................................................................................................ '2599.38 FI) 450,000 3500 .......... ~ ........................................................... ~' Natural Flow 2~o.eo ,?. ' ~ Isabella Storage ~,~ ~ ...... ~...~ ............... .......... , ......................... ~', Isabella Storage 2000 ...... ~¢ ............................................. oo,ooo , , d ~ ...... H ....~ ....................... 25~.18 FL)~ ~oo .............. i,..,~; ..................... --- t; " ' - '~ 2531.65 Ft.) Flow O~-02 Nov-02 De~02 Jan-03 Fe~03 Mar-03 Apr-03 May-03 Jun-03 JulY3 Aug-03 Se~03 ISABELLA RESERVOIR DALLY OPERATIONS REPORT (All readings are for date of report (TH U RSDAY) as of 0001, except as noted.., cfs in italics) Date of Report: September 11,2003 ISABELLA RESERVOIR 1 2563.60 Lake Elevation (ft.) 189695 Storage (AcFt) -835 Change (AcFt) 336 Inflowto Isabella (cfs) 2 568075 Storage Capacity 33% % of Capacity 193229 Normal Storage 98% % of Normal Storage For this Date 3 6415 Average Lake Area (Acres) 6248 Inflow(Month AcFt) 14503 Outflow (Month AcFt) 4 225 North Fork Mean 217 North Fork @ 0600 Hours 543204 Accumulative Inflow (02-03 WY) 5 672 Mean Outflow 535 Borel Canal 137 Main Dam Outlet 362528 Accum. Outflow (WY) 6 664 Outflow @ 0600 539 Borel Canal @ 0600 Hours 125 Main Dam Outlet @ 0600 Hours Hours 7 85 Lake Evap. (cfs) 0.36 Inches Evap. for 24 Hours 1638 Lake Evap. (Month AcFt to Date) 8 0 Spillway Discharge for 24 Hours PRECIPITATION AND TEMPERATURE 9 0.00 Inches of Precipitation at Isabella for 24 Hours 0.56 Inches of Precipitation at Isabella for Month 14.28 Seasonal Precip. Isabella 10.15 Normal for 141% Isabella Precip. (Season: Oct 1 through Sep 30) this Date % of Normal 11 0.00 Inches of Precipitation at Pascoe for 24 Hours 0.00 Inches of Precipitation at Pascoe for Month 12 38.60 Seasonal Precip. Pascoe 35.76 Normal for 108% Pascoe Precip. this Date % of Normal 13 0.0 Upper Tyndall Creek 0.0 Pascoe 0.0 Wet Meadow 14 71 Isabella Maximum Temperature 1.18 Isabella Max. Precip. on Record For this Date 1975 Year of Occurrence 15 60 Isabella Minimum Temperature 93 24 Hour Wind Movement (Miles) NATURAL RIVER FLOW 16 265 Natural Flow (cfs) 6107 Natural Flow (Month to Date) 325076 2003 Apr-Jul Runoff 17 313 Mean Flow 85% Natural Flow 245 Median Flow 108% Natural Flow For this Date in % of Mean For this Date in % of Median 18 1187 Max. on Record 88 Min. on Record 580237 Accum. Natural Flow (Water Year) 19 1983 Year of Occurrence 1990 Year of Occurrence 20 613 First Point Flow 13716 First Point (Month to Date) 438399 Accum. First Point (Water Year) - KERN RIVER FACTS & FIGURES: B A K E R $ F I E L D this date in 1976, the effects of Tropical Storm Kathleen were felt in the Kern River drainage basin. The storm, the first of its nature in 37years, deposited .89 inches of precipitation at Lake Produced by City of Bakersfield Isabella and over 4.2 inches at the Pascoe gage (9,150 elev.) north of the lake. During the height of Water Resources the intense storm, the Kern River as measured at Kernville rose from 161 cfs to a peak of 1,968 cfs. (661) 326-3715 Water Board Meeting September 17, 2003 8. OLD BUSINESS A. Update on request to Kern County Water Agency for treated water to serve Northwest Bakersfield - For Board Information B A K E R S F I E L D MEMORANDUM September 12, 2003 TO: CITY OF BAKERSFIELD WATER BOARD FROM: FLORN CORE, WATER RESOURCES DIRECTOR SUBJECT: NORTHWEST TREATED WATER FEEDER PIPELINE The Northwest Treated Water Feeder Pipeline project is a pipeline to transmit treated surface water from the Kern County Water Agency's existing water treatment facilities to areas in the northwest portion of the City of Bakersfield where groundwater quality problems persist. The Kern County Water Agency is the lead agency on the project. The participants are the City of Bakersfield Domestic Water System, California Water Service Co. and Vaughn Mutual Water Co. At the September 8, 2003 Kern County Water Agency Improvement District #4 (ID#4) Advisory Committee meeting, the ID#4 staff verbally indicated the plans and specifications for the pipeline project have been finalized. The verbal report also indicated the right-of- way and easement procurement for the pipeline is over 50% completed. The financial plan for the project is yet to be adopted. A Financial Analysis prepared by Kelling, Northcross & Nobriga was issued and a presentation was made on August 11, 2003. The recommendations included financing by revenue bonds and allocating costs based on total entitlement for treated water that each e?tity. ~r~geives. · The next major item to be examined is the execution of participants or purveyor contracts. Initial drafts of the contracts were distributed several months ago and ID#4 has yetto revise the draft contracts from comments received from participants. A special meeting of the participants is scheduled for September 19, 2003 to receive more comments and recommendations. City Water Resources staff will continue to seek timely resolution of these issues and pursue the pipeline project to completion. Water Board Meeting September 17, 2003 8. OLD BUSINESS B. Kern River Parkway Signage- For Board Information Beginning at the Mouth of Kern Canyon, the KERNRlg~R PARKWAY includes over 6,000 acres of ~ails, par~ ~ ~ ~ water.s e~ending over 30 ~les westerly to Hig~ ~e ~ ~R P~A Y uses i~lude bi.cling, rollerblading, jog~ng hiMng ~ horseback riding; canoeing, ~a~ng a~ nature stu~, including photo~ap~ a~ sightseeing; fieM sports, fishing picnicMng, ~ 178 ~imming; and aHe~ing out. or ~ltural ~ents, such ~ conce~s a~ t~a~e. reme~er, the KE~~R P~AY is an ~olving communi~ resource d~eloped by volunteers, se~ice org~iz~io~, b~inesses ~o.~ ~ ~ individuals li~ yourself with the use of~bHc a~priv~e ~ants. Here enjoy and help ~ ta~ c~e of it... OfficiM S~mor ~ ~R P~WAY SIGNAGE PRO.CT ~ ~ B A K E R S F I E L D E~R N C O U N T Y K ROT~Y CL~ ofB~~LD ~ST J~20~ C A L I F O R N I A Water Board Meeting September 17, 2003~ 9. NEW BUSINESS A. Staff Letter to Kern County Water Resources Committee/Biosolids Task Force concerning land application of imported biosolids - For Board Review WATER RESOURCES DEPARTMENT GENE BOGART, Manager FLORN CORE. Water Resources Director PATRICK E. HAUPTMAN, Superintendeut 326-3006 STEVE LAFOND, Forecasting and Records 326-3007 MAURICE RANDALL, Business Manager 326-3704 '-" X-d KERN RIVER DISPATCHER 326-3716 September 17, 2003 Smart Pyle, Chair DRAFT Kern County Water Resources Committee Biosolids Task Force 2700 "M' St. Suite 350 Bakersfield, CA 93301-2370 RE: RECOMMENDATION OF WATER RESOURCES COMMITTEE TO BOARD OF SUPERVISORS CONCERNING BIOSOLIDS LAND APPLICATION ORDINANCE Dear Mr. Pyle: The City of Bakersfield has been monitoring the presentations and information provided at the four Kern County Water Resources Committee's Biosolids Task Force meetings. The Task Force is to present its findings to the full Water Resources Committee for final recommendations to the Kern County Board of Supervisors on the Biosolids Ordinance. Although the evidence and testimonies from both proponents and opponents have been very informative, it is apparent that the long term effects of the bulk application of imported biosolids over our groundwater basin is still in question. As a reminder, a copy of a l~fier sent to the Board of Supervisors, from .the City's Water Board is attached concerning the application of bulk imported biosolids. The City has not changed position from the goal as stated in the letter. Sincerely, GENE BOGART Manager By Flom Core Director cc: Honorable Mayor and City Council Chairman Pete H. Parra, Kern County Board of Supervisors 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 · (661) 326-3715 CITY OF WATER BOARD Mark C. Salvaggio, Chair David Couch, Vice Chair Harold Hanson November 13, 2002 ..... Steve Perez, Chairman Kern County Board of Supervisors 1115 Truxtun Avenue, 5th Floor Bakersfield, CA 93301 RE: KERN COUNTY ORDINANCE ON LAND APPLICATIONS OF BIOSOLIDS Dear Supervisor Perez: The City of Bakersfield Water Board is concerned about the land application of imported bulk sewage sludge or biosolids, on lands overlying the groundwater basin in the Southern San Joaquin Valley. Water pumped from our local aquifer is the primary drinking water supply source for City residents. The City and its water banking neighbors have invested many millions of dollars to preserve this primary drinking water supply for local residents. The City is opposed to any plans or actions that may jeopardize or degrade the quality of our groundwater supply. The land application of biosolids over the basin, places the aquifer at risk of contamination and long term degradation. In 1999 Kern County adopted Ordinance No. G-6638 which regulates the land applications of imported bulk biosolids in the unincorporated areas and becomes effective January 1,2003. The City of Bakersfield is in support of the ordinance. We understand the Kern County Resource Management Agency is drafting new amendments to this ordinance and we wish to comment and offer suggestions for the protection of our water supplies. ' '" The City is against the application of bulk imported biosolids to lands oCertaying our groundwater basin. The introduction of the new classification of"Class A - Exceptional Quality" is a step towards a cleaner sludge material, however, our goal continues to be the elimination of all:bulk imported biosolids applied. over the usable groundwater basin in the Southern San Joaquin Valley. Sincerely, Mark C. Salvaggio, Chair City of Bakersfield Water Board cc: Honorable Mayor and City Council 1000 BUENA VISTA ROAD ,, BAKERSFIELD, CALIFORNIA 93311 · (661) 326-3715 Water Board Meeting September 17, 2003 9. NEW BUSINESS B. Amendment No. 2 to Agreement No. 94-01 W. B. For Recovery and Exchange oft Banked Water with Buena Vista Water Storage District- For Board Approval AGREEMENT NO. W.B. AMENDMENT NO. 2 TO AGREEMENT NO. 94-01 W.B. FOR RECOVERY AND EXCHANGE OF BANKED WATER AMENDMENT NO. 2 TO AGREEMENT NO. 94-01 W.B. FOR RECOVERY AND EXCHANGE OF BANKED WATER is made, and entered into on this day of ,2003, by and between BUENA VISTA WATER STORAGE DISTRICT, a California Water Storage District ("BUENA VISTA" herein), and the CITY OF BAKERSFIELD, a municipal corporation, acting through the Water Board for the City of Bakersfield ("CITY" herein). RECITALS WHEREAS, CITY and BUENA VISTA wish to extend the term of contract number 94-01 W.B. for an additional ten (10) years which will be an additional extension beyond the extension referred to in Amendment No. 1 to this Agreement. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and BUENA VISTA agree to amend Agreement No. 94-01 W.B. as follows: 1. Section 10- "Term and Renewal" is hereby amended to read as follows: 10. TERM AND RENEWAL. The term of this Agreement shall be ten (10) years commencing March 1, 2003, and terminating March 1, 2013. Notwithstanding the foregoing this Agreement may be terminated at any time by mutual agreement of the parties. Each party further agrees to negotiate in good faith at the expiration of this Agreement for an additional term. 2. Except as amended herein, all other provisions of Agreement No. 94-01 W.B., as amended, shall remain in full force and effect. AmendmentNo.2toAgreementNo.94-01W.B. ForRecoveryAndExchangeOfBankedWater BuenaVistaWaterStorageDistrict S:\WATER'~,GRS\BuenaVistaWaterAmend2-Agr-wpd 8/28/2003 -- Page 1 of 2 Pages -- IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 94-01 W.B. to be executed, the day and year first written above. "CITY" "BUENA VISTA" CITY OF BAKERSFIELD BUENA VISTA WATER W^T . O^.D MARK C, SALVAGGIO Chairman Title: Engineer-Manager APPROVED AS TO CONTENT: WATER DEPARTMENT By: GENE BOGART Water Resources Manager APPROVED AS TO FORM: BART J. THILTGEN City Attorney L..~//ALAN D;-BANIE~ Deputy City 'Attorney ADD:Isc AmendmentNo.2toAgreementNo.94-0 IW.B. ForRecoveryAndExchangeOfBankedWater BuenaVistaWaterStorageDistrict S:\WATERV~,GRS\BuenaVistaWaterAmend2.Agr.wpd 8/28/2003 -- Page 2 of 2 Pages -- Water Board Meeting September 17, 2003 :' 9. NEW BUSINESS C. Ditch Eradication Agreement and Pipeline Easement Agreements: 1 .) Donald and Connie Wattenbarger for Tentative Tract 6097; 2.) Tim and Sharon Banks for Tentative Tract 6143.- For Board Approval and Recommendation to City Council WATER BOARD AGREEMENT NO. 03-10 W.B. AGREEMENT NO. DITCH ERADICATION AGREEMENT AND PIPELINE EASEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and DONALD G. WATTENBARGER and CONNIE R. WATTENBARGER, (trustees of the Wattenbarger living trust), ("DEVELOPER" herein). RECITALS WHEREAS, CITY is the owner, and operator of the Kern River Canal & Irrigating Company, which includes the irrigation ditch known as the Beardsley Canal K. R. C. & I. Number Four Ditch North Lateral, now existing as an open dirt ditch; and WHEREAS, CITY is owner of a right of way and easement (Tentative Tract 6097) of the Beardsley Canal K. R. C. & I. Number Four Ditch North Lateral over and across that certain real property owned by DONALD G. WATTENBARGER and CONNIE R. WATTENBARGER, trustees of the Wattenbarger living trust dated May 4, 1994 in the County of Kern, State of California, particularly described as follows: see Exhibit "A," attached hereto and incorporated herein as though fully set forth; and WHEREAS, DEVELOPER desires to fill in and eradicate said open ditch and to substitute a concrete pipeline for said open ditch, of the type and inside diameter hereinafter specified, in and along said easement and right of way, as hereinafter provided; and WHEREAS, CITY is willing to consent to the substitution of an open ditch for a covered pipeline upon ,the terms and conditions hereinafter set forth. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DEVELOPER mutually agree as follows: PERMANENT RIGHT-OF-WAY AND EASEMENT. DEVELOPER does hereby grant to CITY the exclusive and permanent right-of-way and easement to construct, install, maintain, alter, repair, improve, reconstruct, enlarge and supplement and to flow and conduct water through a buried pipeline or pipelines over, along and in those certain strips of land in the County of Kern, State of California, owned by DEVELOPER more particularly described on Exhibit "B," attached hereto and incorporated herein as though fully set forth, together with all rights convenient and incidental thereto, including the right of ingress to and egress from said strip of land over and across said real property of DEVELOPER, and DEVELOPER covenants, and agrees that no building or other structures shall be constructed and no trees, vines, or shrubs shall be planted upon said right of way and easement. DEVELOPER covenants Ditch Eradication Agreement & Pipeline Easement S:~003 CONTRACTS\DitchEradicationPipelineEasementWattenbarger.doc - 4/15/20039:04 AM 1 and warrants that DEVELOPER has a fee ownership in said real property described in Exhibit "B," and has the power, authority and legal ability to transfer the interest in real property to CITY as set forth herein. DEVELOPER agrees, at its own expense, to procure an Easement Guarantee Policy of title insurance in the amount of Four Thousand Five Hundred Dollars ($4,500.00) from a reputable title insurance company acceptable to CITY, insuring that the right-of-way and easement herein granted is vested in CITY free and clear of all liens and encumbrances excepting only those matters waived in writing, if any, by CITY. CONSTRUCTION. DEVELOPER agrees to construct and install along the centerline of said right-of-way and easement set forth in Exhibit "B" a thirty inch (30") inside diameter concrete irrigation pipeline. Said pipeline shall be of the quality and on the grade and installed in the manner to be designated and approved in writing by CITY. Engineering plans for construction shall be approved by CITY, and such plans shall be incorporated in this Agreement as if fully set forth. Said construction and installation work.shall be done at a time that will not intedere with the flow or distribution of water through the present Number Four ditch as required by CITY. DEVELOPER shall pay the entire cost of laying, c0~'structing and installing said pipeline or pipelines, inlets, outlets, and other structures required by CITY, including the costs of all labor and materials incurred or used in connection with the installation, trenching, backfilling, leveling and testing the same, and the cost of all engineering, professional and other necessary services furnished by DEVELOPER, or others in connection therewith. DEVELOPER shall provide to CITY, a labor and materials bond and a performance bond equal in value to the engineer's estimate of the total cost of the project, in a form suitable to CITY, to protect CITY against defaults by DEVELOPER. DEVELOPER agrees to commence the construction and installation of said pipeline or pipelines and structures and complete same within a reasonable time. DEVELOPER shall, once construction has begun, prosecute same diligently until completion. At no time shall construction interfere with the flow or distribution of water through the present ditch. CITY shall have the right to inspect DEVELOPER's work t~ insure conformance with plans and specifications and the terms of this Agreement, and DEVELOPER agrees to pay all costs of inspection by CITY including without limitation fees charged for inspection services by outside consultants or inspectors. DEVELOPER agrees that, upon completion of construction and installation of said pipeline or pipelines, inlets, outlets and other structures, the same shall become and remain the property of CITY, and DEVELOPER shall have no right, title or interest therein, and CITY shall be in the 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 CITY's right of way and easemer~t shall be in no manner diminished or restricted by the construction of said pipeline by DEVELOPER. DEVELOPER shall, at the completion of construction, quitclaim all of DEVELOPER's right, title and interest in the pipeline to CITY. Ditch Eradication Agreement & Pipeline Easement S:~003 CONTRACTS\DitchEradicationPipelineEasementWattenbarger.doc - 4/15/20039:04 AM 2 DEVELOPER agrees to keep and maintain said pipeline or pipelines, and the inlets, outlets and other structures thereon, in good operating condition and repair for a period of one year after the completion of construction and acceptance thereof by CITY, and to pay all costs of such repairs and maintenance and of any replacement of any part thereof required to maintain said pipeline or pipelines and structures in good operating condition. DEVELOPER agrees that, in the event DEVELOPER 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, CITY shall have the right, but shall not be required, to make all such repairs or replacements, and DEVELOPER does hereby agree to repay CITY the cost of any such repairs or replacements made by CITY upon demand, with the interest at twelve percent (12%) per annum from the date such cost is incurred to the date of repayment by DEVELOPER. Upon full performance of this Agreement by DEVELOPER, and the acceptance of said pipeline or pipelines and other structures by CITY, CITY agrees to abandon that portion of its present open ditch and right of way therefor which will be replaced by said pipeline or pipelines and the right of way and easement herein granted. CITY agrees to quitclaim to DEVELOPER all prior easements of record. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. COMPLIANCE WITH ALL LAWS. DEVELOPER shall, at DEVELOPER'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, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. COUNTERPARTS. This Agreement may be executed simultaneously or in one or more counterparts, each of which shall be deemed an original but all of which together constitute one and the same instrument. Ditch Eradication Agreement & Pipeline Easement S:~003 CONTRACTS\DitchEradicationPipelineEasementWattenbarger.doc - 4/15/20039:04 AM 3 EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to thee interpretation of this Agreement. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. -. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. INDEMNITY. ~ DEVELOPER shall indemnify, defer'd, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DEVELOPER, DEVELOPER's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except as limited by CITY's sole active negligence or willful misconduct. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of DEVELOPER as an independent contractor. DEVELOPER is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with DEVELOPER other than that of an independent contractor. INSURANCE. In addition to any other insurance or bond required under this Agreement, the DEVELOPER shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements" herein): Automobile liability insurance, 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; and the policy shall: Ditch Eradication Agreement & Pipeline Easement S:~2003 CONTRACTS\DitchEradicationPipelineEasementWattenbarger.doc - 4/15/20039:04 AM 4 · . 1. Provide coverage for owned, non-owned and hired autos 2. Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents and employees. Broad form commercial ,qeneral liability insurance, ISO form CG00 01 11 85 or 88 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; and the policy shall: 1. Provide contractual liability coverage for the terms of this Agreement. 2. Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation and additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. All policies required of the DEVELOPER shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteem and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the DEVELOPER's insurance and shall not contribute with it. Additional insured endorsement shall use ISO form CG20 10 11 85 (in no event with an edition date later than 1990). Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating of no less than A:VII. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of .certain types of insurance otherwise required by this Agreement, or insurance rated below Bests' A:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. · All policies shall contain an endorsement providing the CITY with thirty (30) days written notice of~cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. Ditch Eradication Agreement & Pipeline Easement S:~003 CONTRACTS\DitchEradicationPipelineEasementWattenbarger.doc - 4/15/20039:04 AM 5 The DEVELOPER shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. Full compensation for all premiums which the DEVELOPER is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. It is further understood and agreed by the DEVELOPER that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the DEVELOPER in connection with this Agreement. Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for DEVELOPER. .~. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any 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 thee terms of this Agreement. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD City Hall 1501 Truxtun Avenue Bakersfield, California, 93301 DEVELOPER: DONALD G. WATTENBARGER and CONNIE R. WATTENBARGER (trustees of the Wattenbarger living trust), P. O. Box 5562 Bakersfield, California 93388 Ditch Eradication Agreement & Pipeline Easement S:~003 CONTRACTS\DitchEradicationPipelineEasementWattenbarger.doc - 4/15/20039:04 AM 6 TAX NUMBERS. "DEVELOPER's" Federal Tax Identification No. ??-02?3963 "DEVELOPER" is a corporation? Yes No ~ (Please check one.) TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by DEVELOPER pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY" "DEVELOPER" CITY OF BAKERSFIELD DONALD G. WATTENBARGER AND CONNIE R WATTENBARGER(trustees of the Wattenbarger living trust) By: "'-' Db-N-ALD (~. ~'AVI'~FI~'--B ,.gRGl~/R HARVEY L. HALL CONNIE R. WATTENBARGER '~/ APPROVED AS TO FORM: BART J. THILTGEN City Attorney By:. ALAN D. DANIEL Deputy City Attorney Insurance': APPROVED AS TO CONTENT: WATE R~;K~E. S_O~C_~PARTM ENT By: ~~/ ' GEniE B 8 RT- Watl~r Resources Manager COUNTERSIGNED: By: GREGORY KLIMKO Finance Director Attachments: Exhibit "A" and Exhibit "B" Ditch Eradication Agreement & Pipeline Easement S:~.003 CONTRACTS\DitchEradicationPipelineEasementWattenbarger'd°c - 4/15/20039:04 AM 7 04/03/2003 10:47 327i06§ PR ENGINEERING PAGE 03 SCHEDULE A The form of p:)licy of title insurance contemplated by this report is: CLTA Owner~; or Loan Policy - lg90 The estate or Interest in the land hereinafter described or referred to covered by this report is: A Fee Title to said e:;tate or interest at the date hereof ts vested in: Donald G. W attenbarger and Connie R. Wattenbarger, Trustees of the Wattenbarger Living Trust dated May 4, :L994. The land referred to herein is situated in the COunty of KERN, State of California, and is described as foilow~: SEll; EXHIBZT "A" A'I-rACHED HERETO AND MADE A PART HEREOF CLTA Preiimir'ary Rel~0rt Form (Rev I/1/cJS) Page 2 of 8 · ~ 84/83/2883 18:47 3271065 PR ENGINEERING PAGE 04 ·':ilo No.: 8008686 EXHZBZT "A" Parcel N.o._t_i I.ot 27, Section S, Township ;Z9 South, Range 27 East, Hount Diablo Heridian, in the County of KERN, State of California, according to Map of said Section, filed in the office c~f the County Recorder of said County, May 2, :L894 Excepting l:herefrom that portion described as follows: Commencirlg at a point in the South line of Lot 27, :LO0 feet East from the West corner ther eof, Thence Ea-~it along the South line of said Lot 208.7Z feet to a point; Thence NOl~(h parallel with the West line of said Lot 27, 208.71 feet to a point; Thence West parallel to the South line of said Lot 27~ 208.7! feet to a point; Thence Sm.~th parallel to the West line of said Lot 27, 208.71 feet to a Point of Beginning. Parcel.No. Z:. That portion of Lot 27, Section 5, Township 29 South~ Range 27 Fast, Mount Diablo Mer'idianv in the County of Kern, State of Californiav Described as follows: Commenci]Jtg at a point in the South line of said Lot at a point :LO0 feet East from the West c~)rner thereof. Thence Eae~t along the South line of said Lot 208.71 feet to a point; Thence NO:lth parallel with the West line of said Lot 27, 208.7:L feet to a point; Thence WorSt parallel to the South line of said Lot 27/ 208.71 feet to a point; Thence Sol. lth parallel to the West line of said Lot :27, 208.71 feet to a Point of Beginning Page 3 of 8 LOT 2,3 LOT 22 EXHIBIT "B" LOT 24 OF SALES MAP OF LANDS OF SALES MAP OF LANDS OF KERN COUNTY LAND CO. OF KERN COUNTY LAND CO. LOT 24- ~ MATERIALS LIST 2, I ESTIMATED QUANTITIES. NOT I TO BE USED FOR BIDDING PURPOSES / ~ IRRIGATION ,.30' CLASS III RCP W/RG,J 1.330 IN LET/ouT1.EI' SmUCTURES EARTHEN CANAL (152 L.F.) DITCH ERADI, REMOVE AND RELOCATE EXISTING CATE / .uz <~ [ ~' T.28S..R27E. M°>- (N ~. ~'- ,.--_L fl~ ~ SEVENTH STANDARD ROAD LL ROAD 0 ~ -- ~OJECT~ o~ ITE 7 33 O O~ T.295.,R27E. I ,....-.L "' VICINITY MAP I SNOW ROAD · I . I . I , . I . I , I , [ ,, I = I .. I., I . I ,. I TRACT 4887 I I I I I I I I I I bNl~ THREEt "UNIT"' -- B TRACT 5526 -- UNiT . TRACT 5526 -- M. BK. 43, PGS. 8~--85 · M. BK. 4-4% PO. 26 ' M. BK. 4..3. PO. 88 KEY MAP' _ _ SCALE:1"= 200' J~l'$ 0"5/02/2003 09:34 0000000000 PAGE 02/02 ~mrAmr~ . P.o. Box 420807, SAN FRANCISCO, CA 94142-0807' COMPENSATION INSURANCE FUN D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ~T 2, 2003 ~oucY . CITY OF BAF~RSFIELD CITY I~.LL 150! TRUXTUN A'~NUE BAKERSFIELD CA 93301' L This is to certify that we have issued a valid Workers' Compensation insurance policy in e form approved by the California _ Insurance Commissioner to the employer named below for tl~e pe]i~,v0period indicated. This policy is ~ot subject to cancellation by the Fund except upon t.~mV~days' advance written notice to the. employer. 3O We will also give you ~ day~' advance notice should this policy be cancelled prior.to its normal expiration. This certificate of insurance is not an insurance po[icy and does not amend, extend or alter .the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract Or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. EI~PI3DYERi$ LIABILITY LI~IT INCLUDING DEFENSE COSTS:' $1,000,000 PER ENDORSEMF~T ~2085 E~I~D C~TIFI~ HOL~RS'NOTICE EF~VE 09/27/02 IS A~A~ ~ .~D FO~S A P~T OF THIS ~LI~ ~~NT ~2570 E~ITLED WAIVER OF SU~OGATION EFFE~IVE 05/02/0S IS A~A~D TO ~D FO~S A ~T OF ~IS - ~t~ P~TY N~: CI~ OF ~EESF~BLD EMPLOYER WATTENBARGER DON DBA DON G WATTENBARGER P 0 # 5562 BAKERSFIELD CA 93388 L SC,F FILE ¢OtaY M Y-O1-2003 THU 09:16 INNEST BF KER NO, F, uz CERTIFICATE OF LIABILITY INSU NCE 04/30/2002 Pn~u~eR (661)327-3300 F~ (661)327-3309 THIS CERTIFICATE 18 ISSUED A8 A MA~ER OF INFORMATION ZnWest Znsueance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Faul kner/Murray-Knox Agenc~ es nv~u~n. I hid bEK I IPI~AI ~ UUEU NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1400 Easton Dr,, Ste. 137 ,- Bakers fie1 d, ~ 93309 INSURERS AFFORDING COVERAGE ~lC ~barger Northern Zns Co of New York P. O. Box 5562 INSURER a; Bakersfield, Ca. 93388 INSUR~C: INSUR~ D: IN~UR~ E; THE ~OLICIES OF IN~U~CE LISTED BELOW NAVE BE~N ISSUED TO THE INSURED ~MED ~OVE FOR THE POLICY PER~OD INDICATED. NO~ITHST~DIN~ ~Y ~QUIREMENT, TERM OR CONDITION OF ~Y CONTACT OR OTHER DOCUMENT WITH RESPECT TO WHICH ~IS CERTIFICATE ~Y BE ISSUED OR ~Y PERT~N, THE INSU~CE ~FORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TE~S, ~CLUSIONS AND CONDITIONS OF SUCH POLICIES. A~GREGATE LIMITS SHOWN ~Y ~VE BEEN REDUCED BY PAID LTR IN~ ~E OF IN~U~cE POLICy NUMBER POLICy EFFE~VE PO~CY EXPI~TI~ N RGP259~5702 0~/01/200Z 07/01/2003 ~c~ Occu~Nc~ S 1,000~ O0~ X COMM~RC~ GENE~L L~BIL~ DANCE TO ~ $ ~O 100~ ~ G~'L AOG~GATE LIM~ ~S P~: PROD~TS · COMPIOP AGG ~ 21000.00~ A~OMOalLE ~y · ANY AUTO (~ ~d~l) ~L OWNED B~ILY INJURY ~HEDU~D ~OS . (p~ ~) HI~D AUTOS ~DILY ~JURy NO--OWNeD A~O~ (~ ~t) PROP~  A~O AUTO ONLY - ~ ACCI~ OT~R ~ ~ ACC AUTO O~Y; AGG ~G~MB~L~ L~B~ ~H ~CU~CE ~.... ~ OCCUR ~ C'~ ~DE A~TE $  OED~TI~E ~ WO~ COMPE~ATION ~D WC &TATU- I OTH- ~PLO~' LI~ I TORY L~MIT~ I ANY ~PRI~O~ARTNE~ECUTIV~ E.L. ~CH ACCI~ OFF~E~M~ EXCLUDED? SP~ PRO~ION8 below OTHER E.L. D~E - ~LlCY LIMIT $ a~C~[ OPE~TI~S / L~T~& ~V~H~e~e~ t ~CLU&IONa A~D~D~OORS~ENT I SP CRL eROVISIO~ ' ' ~, ~ putsches eequ~rea or :~e UeVeloper sna~ ne pr~y ~nsurance as to the C~ty, ~ts ~yor, counc~l~ =ffJcers, agents, employees or desJgnated volunteers and any Jnsurance or self-~nsurance ~JntaJned by the C~ty, ~ts ~yor, counc~], off~cers, agents, employees and designated volunteers shal] be escess ~he Developer's ~nsurance and shal] not conr~bute w~th ~t. Additional ~nsurance endorse~nt ~ttached. ~I~TE HOI nra ~HDULD ~y OF THE ~OVE D~CRIBED P~IE& BE CANCELE~ ~I~TI~ ~T~ THEREOR THE ~NG ~NSURER W~L ~~ ~ OF BAKERS~ELD 30 DAY&W~NOTICETOTHEC~ATENOL~R~TO~HE~, Bakersf~el d, ~ 9330] *~.o~ ACORD 25 (200ti08) ~ACORD CORPO~TION 19B~ ~I'IAY,-O1-2003 ?EtU 09',15 AI'I INWEST BAKERSFIELD FA× NO, 6613273309 P, 03 POLICY NUMBER; COMMERCIAL GENERAL. LIABILITY RGP25935702 CG 20 10 10 93 Modified THIS ENDORSEMENT CHANGES THE POMCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - FORM [] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization; City of Bakersfield, Its Mayor, Council, Officers, Agents, Employees or Designated Volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization is held liable for your acts or omissions for your ongoing operations performed for that insured. CG 20 10 10 93 Modified Page I of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 05/01/03 12:13 FAX 6618354500 KIA INSURANCE __ ~002' ACORQ., . CERTIFICATE OF LIABILITY INSURANCE I ,,ouuc~e (661)835-4542 FAX (661)835-4500 THIS CP..~TIFICATIE iS ISSUED A~ A MATII=K OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE K.T.A ;[nsur'ance Associates, ];nc · HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Li tense # 041S101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Z601 New Stine Road, Suite 230 Bakersf~ e] d ~ CA 93309 INSURERS AFFORDING COVERAGE NAIC # ,,sue~ Donald Nattenbarger ~su~-R~ Financial zndemn~y Co. P.o. Box S562 ~NSUR~Re; Bakersf'ield, EA 93388 ~NSU~C: IN6URF-R D: INSURER E: COVERAGES THE POLICIES OF INSUI:~ANCE LISTED BELOW HAVI~ BEEN ISSUED TO 'l'~lE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NoTWlTHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~OD'E Pot JOy CF.F~-F-C11~E 1~3UCY L"~ NSR[ TYPE OF INSURANCE POLICY NUMBF. R DA'T~E (MM/I:X~ DATE {MM/DD/Y~I UMIT$ GENERAL UAmLrr~ EAcH OCCURREnCe $ COMMERCIAL. GENF.~ LIA~ILffY DAMAGE TO ~:Ni bO $ PF...J~SONAL & ADV INJURY S L GENERAL AGGR~G^T~ GE~'LA(~REGATEUMITAPPUF~PE~. i:~[oi:~JCT$. COMP/DP AG G --'1 POUCY r---1PRO-JECT r'-'],, ' · ,rroaoaL~ u~uu~ C'7619389 06/05/2002 (~6/05/2003 CO~B~O S~N~LE ANY AtITO ~ ~denl.) 1000oo~ ALL OWN=n Au'ro$ BODILY INJURY X ,.~CHED~LED AUTO3 (Per per~) $ A X HIPJ~ AUTOS BODILY INJURY X NON-OWN=n AUTOS (e~'m;rJ4m0 $ PROPEJ~I'Y DAMAGE (Per accident) S ,~ G'~-b-~'GE ! ~a*m*Lrrlf AUTO ONLY - EA ACCIDENT '--~ ANY AUTO , ^UIO ONLy: ~00 $ ~ OCCUR [~ CLAIM-q MAD~ AGGRE~TE $ $ DF'DUCneLE RETENTION $ EM~LOYER~ Ua~ILrI'y ! TORY LIMITS ANY PROP~JLaTOR/PARTN~iaJEXECUTIVi; E.L EACH ACCID~--NT $ O~F[C~RnaEMB~R ~XCLUDEO? ~e~_ DISEASE- F_~ E~PLOY~ , deaefibe uAder tAL PROVISIONS betow E.L. O~e- POLICY IJMrr $ D~-e C ---'r ~ ~OH OF OPERAllON~ I LOCATIONS I q~lJC~rr~ ~ EXCLUSIONS ADD,ri' BY ENDOR~F=MENT ~ ~PECIAL glt..y of Bakersfi_e.]d, i:'s mayor, coundl, officers~ agents and employees are additional insured "- = 10 day cancellation for nonpayment-- ~l~OULO ~ OF THE ABOVE DESCRIBED POLIC[E~ B~ ~.~ANC;I I t=n BF~-ORE THE P-x~,~'rtoN DATa TH~OF, 'n~ ~saumG WSURER Wn.L ENDr~VOR TO MAIL ~ DA~'"3 WR]ITE~ NOTICE TO THE CL=R~FICATE HOLDER NAMED TO THE LEFT, City of Bakees fi el d EUT FAILURE TO M~L SUCH HOT,CE StlALL IMPOSE NO OBUGATION OR :1501 Truxtin Ave. OPANYKINOUPO#THEINSUR;~rrs~ENTaoRREpRESENTATn/L:.d. Bakersfield, CA 93301 ~UT~Oe. zze~aee~r~rrA-rn~ td~ll¶am 3. Laramore/so ACORD 2S (200110a) ~ACORD CORPORATION qg88 EXHIBIT "A" PARCEL 1 Lot 27 of Section 5, Township 29 South, Range 27 East, Mount Diablo Base and Meridian, in the County of Kern, State of Califomia, according to the map of said Section, filed in the office of the Kern County Recorder on May 2, 1894; EXCEP'I'~NG THEREFROM that portion described as follows: Beginning at a point in the South line of said Lot 27, 100 feet East from. the West corner thereof; Thence East along the South line of said Lot 27 a distance of 208.71 feet; Thence North parallel with the West line of said Lot 27 a distance of 208.71 feet; Thence West parallel with the South line of said Lot 27 a distance of 208.71 feet; Thence South parallel with the West line of said Lot 27 a distance of 208.71 feet to the point of beginning. PARCEL 2 Beginning at a point in the South line of said Lot 27, 100 feet East from the West corner thereof; Thence East along the South line of said Lot 27 a distance of 208.71 feet; Thence North parallel with the west line of said Lot 27 a distance of 208.71 feet; Thence West parallel with the South line of said Lot 27 a distance of 208.71 feet; Thence South parallel with the West line of said Lot 27 a distance of 208.71 feet to the point of beginning. EXHIBIT "B' That portion of Lot 27 of Section 5, Township 29 South, Range 27 East, Mount Diablo Meridian, in the County of Kern, State of California, according to the "Sales Map of Lands of the Kern County Land Company" of said Section 5 filed May 2, 1894 in the office of the Kern County Recorder, more particularly described as follows; The North 15.00 feet of the South 881.50 feet of said of said Lot 27. WATER BOARD AGREEMENT NO. 03-11 W.B. AGREEMENT NO. DITCH ERADICATION AGREEMENT AND PIPELINE EASEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and TIM BANKS and SHARON BANKS, (joint tenants) ("DEVELOPER" herein). RECITALS WHEREAS, CITY is the owner, and operator of the Kern River Canal & Irrigating Company, which includes the irrigation ditch known as the Beardsley Canal K. R. C. & I. Number Four Ditch North Lateral, now existing as an open dirt ditch; and WHEREAS, CITY is owner of a right of way and easement (Tentative Tract 6143) of the Beardsley Canal K. R. C. & I. Number Four Ditch North Lateral over and across that certain real property owned by TIM BANKS and SHARON BANKS, husband and wife as joint tenants of said property in the County of Kern, State of California, particularly described as follows: see Exhibit "A," attached hereto and incorporated herein as though fully set forth; and WHEREAS, DEVELOPER desires to fill in and eradicate said open ditch and to substitute a concrete' pipeline for said open ditch, of the type and inside diameter hereinafter specified, in and along said easement and right of way, as hereinafter provided; and WHEREAS, CITY is willing to consent to the substitution of an open ditch for a covered pipeline upon ~the terms and conditions herein, after set forth. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY. and DEVELOPER mutually agree as follows: PERMANENT RIGHT-OF-WAY AND EASEMENT. DEVELOPER does hereby grant to CITY the exclusive and permanent right-of-way and easement to construct, install, maintain, alter, repair, improve, reconstruct, enlarge and supplement and to flow and conduct water through a buried pipeline or pipelines over, along and in those certain strips of land in the County of Kern, State of California, owned by DEVELOPER more particularly described on Exhibit "B," attached hereto and incorporated herein as though fully set forth, together with all rights convenient and incidental thereto, including the right of ingress to and egress from said strip of land over and across said real property of DEVELOPER, and DEVELOPER covenants, and agrees that no building or other structures shall be constructed and no trees, vines, or Ditch Eradication Agreement & Pipeline Easement S:~2003 CONTRACTS\DitchEradicationPipelineEasement T. Banks.doc -4/15/200310:19 AM 1 shrubs shall be planted upon said right of way and easement. DEVELOPER covenants and warrants that DEVELOPER has a fee ownership in said real property described in Exhibit "B," and has the power, authority and legal ability to transfer the interest in real property to CITY as set forth herein. DEVELOPER agrees, at its own expense, to procure an Easement Guarantee Policy of title insurance in the amount of Four Thousand Five Hundred Dollars ($4,500.00) from a reputable title insurance company acceptable to CITY, insuring that the right-of-way and easement herein granted is vested in CITY free and clear of all liens and encumbrances excepting only those matters waived in writing, if any, by CITY. CONSTRUCTION. DEVELOPER agrees to construct and install along the centerline of said right-of-way and easement set forth in Exhibit "B" a thirty inch (30") inside diameter reinforced concrete irrigation pipeline. Said pipeline shall be of the quality and on the grade and installed in the manner to be designated and approved in writing by CITY. Engineering plans for construction shall be approved by CITY, and such. plans shall be incorporated in this Agreement as if fully set forth. 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 NUmber Four ditch as re~quired by CITY. DEVELOPER shall pay the entire cost of laying, constructing and installing said pipeline or pipelines, inlets, outlets, and other structures required by CITY, including the costs of all labor and materials incurred or used in connection with the installation, trenching, backfilling, leveling and testing the same, and the cost of all engineering, professional and other necessary services furnished by DEVELOPER, or others in connection therewith. DEVELOPER shall provide to CITY, a labor and materials bond and a performance bond equal in value to the engineer's estimate of the total cost of the project, in a form suitable to CITY, to protect CITY against defaults by DEVELOPER. DEVELOPER agrees to commence the construction and installation of said pipeline or pipelines and structures and complete same within a reasonable time. DEVELOPER shall, once construction has begun, prosecute same diligently until completion. At no time shall construction interfere with the flow or distribution of water through the present ditch. CITY shall have the right to inspect DEVELOPER's work to insure conformance with plans and specifications and the terms of this Agreement, and DEVELOPER agrees to pay all costs of inspection by CITY including without limitation fees charged for inspection services by outside consultants or inspectors. DEVELOPER agrees that, upon completion of construction and installation of said pipeline or pipelines, inlets, outlets and other structures, the same shall become and remain the property of CITY, and DEVELOPER shall have no right, title or interest therein, and CITY shall be in the 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 CITY's right of way and easement' Ditch Eradication Agreement & Pipeline Easement S:~2003 CONTRACTS\DitchEradicationPipelineEasement T. Banks.doc - 4/15/20039:35 AM 2 shall be in no manner diminished or restricted by the construction of said pipeline by DEVELOPER. DEVELOPER shall, at the completion of construction, quitclaim all of DEVELOPER's right, title and interest in the pipeline to CITY. DEVELOPER agrees to keep and maintain said pipeline or pipelines, and the inlets, outlets and other structures thereon, in good operating condition and repair for a period of one year after the completion of construction and acceptance thereof by CITY, and to pay all costs of such repairs and maintenance and of any replacement of any part thereof required to maintain said pipeline or pipelines and structures in good operating condition. DEVELOPER agrees that, in the event DEVELOPER 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, CITY shall have the right, but shall not be required, to make all such repairs or replacements, and DEVELOPER does hereby agree to repay CITY the cost of any such repairs or replacements made by CITY upon demand, with the interest at twelve percent (12%) per annum from the date such cost is incurred to the date of repayment by DEVELOPER. Upon full performance of this Agreement by DEVELOPER, and the acceptance of said pipeline or pipelines and other structures by CITY, CITY agrees to abandon that portion of its present open ditch and right of way therefor which will be replaced by said pipeline or pipelines and the right of way and easement herein granted. CITY agrees to quitclaim to DEVELOPER all prior easements of record. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose. BINDING EFFECT, The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. COMPLIANCE WITH ALL LAWS. DEVELOPER shall, at DEVELOPER'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, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. Ditch Eradication Agreement & Pipeline Easement S:~003 CONTRACTS\DitchEradicationPipelineEasement T. Banks.doc - 4/15/20039:35 AM 3 COUNTERPARTS. This Agreement may be executed simultaneously or in one or more counterparts, each of which shall be deemed an original but all of which together constitute one and the same instrument. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. GOVERNING LAW. The laws of the State of C~lifornia will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. INDEMNITY. DEVELOPER shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DEVELOPER, DEVELOPER's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except as limited by CITY's sole active negligence or willful misconduct. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of DEVELOPER as an independent contractor. DEVELOPER is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with DEVELOPER other than that of an independent contractor. INSURANCE. In addition to any other insurance or bond required under this Agreement, the DEVELOPER shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements" herein)' Ditch Eradication Agreement & Pipeline Easement S:~2003 CONTRACTS\DitchEradicationPipelineEasement T. Banks.doc - 4/15/20039:35 AM 4 Automobile liability insurance, 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; and the policy shall: 1. Provide coverage for owned, non-owned and hired autos. 2. Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents and employees. Broad form commercial ,qeneral liability insurance, ISO form CG00 01 11 85 or 88 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; and the policy shall: 1. Provide contractual liability coverage for the terms of this Agreement. 2. .Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation and additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. All policies required of the DEVELOPER shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the DEVELOPER's insurance and sha.!l not=contribute with it. Additional insured endorsement shall use ISO form CG20 10 11 85 (in no event with an edition date'later than 1990). Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating of no less than A:VII. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Bests' A:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. All policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. Ditch Eradication Agreement & Pipeline Easement S:~003 CONTRACTS\DitchEradicationPipelineEasement T. Banks.doc - 4/15/20039:35 AM 5 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. The DEVELOPER shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. Full compensation for all premiums which the DEVELOPER is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. It is further understood and agreed by the DEVELOPER that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the DEVELOPER in connection with this Agreement. Unless otherwise approved by the CITY, "ii any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for DEVELOPER. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any 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. NOTICES. All notices relative to this Agreement shall be given in writing and shall be persona!ly served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD City Hall 1501 Truxtun Avenue Bakersfield, California, 93301 DEVELOPER: TIM BANKS AND SHARON BANKS 7524 Calloway Drive Bakersfield, California, 93312 Ditch Eradication Agreement & Pipeline Easement S:~2003 CONTRACTS\DitchEradicationPipelineEasement T. Banks.doc - 4/15/20039:35 AM 6 TAX NUMBERS. ,'"' f/.J',,'"C~, o '"DEVELOPER's" Federal Tax Identification No. "DEVELOPER" is a corporation? Yes No (Please check one) TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by DEVELOPER pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY" "DEVELOPER" CITY OF BAKERSFIELD TIM BANKS AND SHARON BANKS HARVEY L. HALL TJlI~I~BANKS Mayor VI! SHARON BANKS APPROVED AS TO FORM: BART J. THILTGEN City Attorney By:. ALAN D. DANIEL Deputy City Attorney Insurance: APPROVED AS TO CONTENT: " WATER R//E~OU R/C~S D~.E~PARTMENT By: GENI~-BOGXR~ Water[ Resources Manager COUNTERSIGNED: By: GREGORY KLIMKO Finance Director Attachments: Exhibit "A" and Exhibit "B" Ditch Eradication Agreement & Pipeline Easement S:~003 CONTRACTS\DitchEradicationPipelineEasement T. Banks.doc - 4/15/20039:35 AM 7 04/0@/2003 10:47 327101~5 PR ENGINEERING PAGE 07 ~ File No.: 8020198 SCHEDULE A The form of policy of title insurance contemplated by this report Is: CLTA Owne's or Loan Policy - 2990 The estate Ol-interest in the land hereinafter described or referred to covered by this report Is: A FEE Title to said ;;state or interest at the date hereof is vested in; Tim Banks .~md Sharon Banks~ husband and wife as joint tenants The land refi~,rred to herein is situated in the County of KERN, State of California, and is described as [=ollows: SE! E EXHXBXT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form (Rev :~/1/95) Pacje 2 of 7 File No.: 8020].98 EXHIBIT "A" All of Lot 2 & in Sectlon 5, Township 29 $outh~ Range 27 IEastf Mount Diablo Meridian, i~ the County of Kern, State of California, according to the map of said ~;ection~ fil.~d in the off;ce of the County Recorder of said County on May 2r 1894. P~ge 3 of 7 49z~08 ,- S1/2'0F SEC 5 ~'29 S. R. 27 E.SffiOOL DIST, Z ' ~ aoAc. ' ~ -~ I / ASSESSORS MAP' NO.~_~8. CALLOWAY DRIVE OF SALES MAP OF LANDS OF KERN COUNTY LAND CO. r- ~o ii~ ~ ~ 0 X TRACT 5909 M. BK. 48, PO, 22 ' ~ ~ TIM&SHA-OJ SWCH ' I ' DATE (MM/DD/YYYY) · ACORD , CERTIFICATE OF LIABILITY INSURANCE 4/21 2003 / PRODUCER (661) 322-9993 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION · · · ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE DIBuduo & DeFendls Insurance Agency, Inc. - Bakersfield I ..... HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ~L~cense ~ u/07137 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. k ' Box 9548 ersfield, CA 93389-9548 INSURERS AFFORDING COVERAGE NAIC # INSURED Tim & Sharon Banks INSURERA: Allied Group 7524 Calloway Drive INSURER B: Bakersfield, CA 93312 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EPI-ECTIVE POUCY EXPIRATION POLICY NUMBER DATE ~MMIDD/YY) DATE CMMIDD/YY} LIMITS ;ENERAL LIABILITY EACH OCCURRENCE $ 1,000,00{~ COMMERCIAL GENERAL LIABILITY ' 1219606 12/1712002 12117/2003 DAMAGE TO RENTED PREMISES (Ea occurence) $ 50,00(] __ CLAIMS MADE [~ OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1,000,00(] GENERAL AGGREGATE $ 1,000,00(] GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/DP AGG $ 1~000,00{~ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000100C -- ANY AUTO ~01219606 12117/2002 12/1712003 (Ma accident) __ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS Per person) __ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANYAUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ __ OCCUR I I CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION AND TORY LIM TS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under , SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ r1219606 12117/2002 12/1712003 ~)welling 225,000 DESCRIPTION OF OPERATIONS I LOCA'nONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City, its mayor, council, officers, agents and employees are named as additional insureds under the general liability and auto policy with respect to the operations of the named insured only. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Bakersfield DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRI'I'I'EN City Hall NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 1501 Truxtun Avenue Bakersfield, CA 93301- IMPOSE NO OBMGA'nON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~~~~ ,. ACORD 25 (2001/08) © ACORD CORPORATION 1988 POLICY NUMBER: ACP7801219606 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED--OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Bakersfield, its. mayor, council, officers, agents and employees 1501 Truxtun Avenue Bakersfield, CA 93301 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II - WHO IS AN INSURED is amended to (1) All work, including materials, parts or equipment include as an insured the person or organization shown in furnished in connection with such work, on the the Schedule, but only with respect to liability arising out project (other than service, maintenance or repairs) of your ongoing operations performed for that insured, to be performed by or on behalf of the additional B. With respect to the insurance afforded to these additional insured(s) at the site of the covered operations has insureds, the following exclusion is added: been completed; or 2. Exclusions (2) That portion of "your work" out of which the injury This insurance does not apply to "bodily injury" or damage arises has been put to its intended use by or "property darnage" occ urringafter: any person or organization other than another contractor or subcontractor...engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 ISO Properties, Inc., 2000 Page 1 of 1 EXHIBIT "A" All of Lot 26 of Section 5, Township 29 South, Range 27 East, Mount Diablo Base and Meridian, in the County of Kern, State of California, according to the map of said Section, filed in the office of the Kern County Recorder on May 2, 1894. EXHIBIT "B' That portion of Lot 26 of Section 5, Township 29 South, Range 27 East, Mount Diablo IVleridian, in the County of Kern, State of Califomia, according to the "Sales IVlap of Lands of the Kern County Land Company" of said Section 5 filed May 2, :[894 in the office of the Kem County Recorder, more particularly described as follows; The North :[5.00 feet of the South 88:[.50 feet of said of said Lot 26. Water Board Meeting September 17, 2003 9. NEW BUSINESS D. Agreement for Discharge of Oilfield Wastewater into the Beardsley-Lerdo Canal System with Chevron/Texaco and North Kern WSD - For Board Review and Recommendation to City Council , AGREEMENT FOR DISCHARGE OF O1LF1ELD WASTEWATER INTO THE BEARDSLEY-LERDO CANAL SYSTEM BY AND BETWEEN NORTH KERN WATER STORAGE DISTRICT, CHI~VRONTI:~:XACO I-~XPI ORATI()N ANI) PI~,()I)I. IC'I"I()N ('()MI'ANY THE CITY OF BAKERSFIELD 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 ,2003, 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 ('t.iFA/i~,()NTI~X/\('() I:,~XI)I..()R,,VI'ION /\ND I-'I~OI)UCTION C()MI~ANY. a division of Chevron I.i,.qA Inc.. ;~ i)¢lawar¢ COrl)Oralion, AND CITY OF BAKERSFIELD, a California Municipal corporation, WITNE S SETH: .,.. 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 wate?' 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, California; and WHEREAS, ChevronTcxaco Exploratio, and I'roduction ('omi)any (hcrcinalicr is a public corporation incorporated under Ibc laws of thc Slate o1' l)clawarc; 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 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 appurtenances and does make deliveries of water through such capacity; and 1 of 12 WHEREAS, the January 3, 1977 contract by and between Getty Oil Company, predecessor to ("l'l~t', and City has been superseded by the May 1, 1986, April 1, 1994, and August 25, 1999 Agreements by and between North Kern, (?TEl' and City, and except to the extent expressly stated in this Agreement, all rights and obligations provided in the January 3, 1977, contract are extinguished, including any claim or right ofC"l'l:]~ to discharge any effluent. water into the Beardsley-Lerdo Canal system except as expressly authorized by North Kern; and WHEREAS, ("1'1!1' has requested the services of North Kern to receive and dilute CT E effluent water and North Kern is agreeable to providing the aforementioned services for CTEP, subject to the terms and conditions of this Agreement and with the understanding that this Agreement is entered into by North Kern and the City to assure North Kern and the City that (. I i.I s effluent water diluted and delivered to the water users of the Beardsley-Lerdo Canal system, their successors and assigns, shall at aH times be suitable for use as irrigation water and to assure North Kern and the City that all costs and expenses incurred by North Kern and the City as a consequence of C'l"[!P's effluent water shall be paid for in their entirety by CTEP. WHEREAS, "suitable for use as irrigation water" means that quality of water which allows the water users of the Beardsley-Lerdo Canal system, their successors and assigns, an equivalent opportunity for agricultural production, with the same variety of crop alternatives, that they would experience if (. 'TI.;1" discharged no effluent water into the Beardsley-Lerdo Canal system. WHEREAS, the parties agree that this Agreement supersedes the May 1, 1986, April 1, 1994, and August 25, 1999 Agreements, except to the extent expressly stated herein. NOW; THEREFORE, IN CONSIDERATION OF THE PROMISES AND COVENANTS HEREIN CONTAINED, NORTH KERN, CTEP AND THE CITY HEREBY AGREE as follows: ARTICLE I DEFINITIONS Unless otherwise specified, the terms defined in this Article I shall, for all purposes of this Agreement, have the meanings herein specified. 1. "Beardsley-Lerdo Canal system" means that canal system commencing at the Beardsley River Weir and including the Beardsley Canal and the Lerdo Canal and all laterals and appurtenances thereto. The Carder 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 transponed to water users of the Beardsley-Lerdo Canal system. 2 of 12 3. "Effluent water' means all CTEP's oilfield produced water in excess ofC'l'l-ZI''s Kern River oilfield operations other than that water which is disposed of by injection into ( own deep zone wells, or as obligatcd by contract wilh 4. "Emergency" means any earthquake, flood, fire or other natural disaster or Act of God, precluding the normal operation and maintenance of North Kern's or CT lq. P's facilities. 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. "Management Plan" means that written plan by which CTt-:~I' and other dischargers of similar oilfield water into the Beardsley-Lerdo Canal system, follow procedures to monitor effluent and receiving waters to assure that the receiving and effluent water quality standards stated in the applicable NPDES permits are not exceeded. 7. "Monitor" or" monitoring" means the recording, sampling, testing and reporting of the various constituents with ("'1'f (l"s effluent water and the receiving water as performed by North Kern. 8. "NPDES permit" means the National Pollutant Discharge Elimination System permit issued by the State of California, Regional Water Quality Control Board, Central Valley Region, or by any other agency assuming jurisdiction over such discharges into the Beardsley- Lerdo Canal system. 9. "Project water" means that water which is a blend of all waters transported in the Beardsley-Lerdo Canal system for the purposes of meeting irrigation and project demands of North Kern and the water users of the Beardsley-Lerdo Canal system, including Kern River water, State or Federal project water, well and local water supplies, but excluding oilfield produced waters. 10. "Receiving water" means that water which is a blend of all oilfield effluent water from CTEP, and other dischargers, and Project water flowing in the Beardsley-Lerdo Canal system, as measured in the Beardsley Canal at the Olive Drive crossing, or as measured at such place as otherwise mutually agreed to by the parties. 11. "Regional Board" 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. 12. "Water users of the Beardsley-Lerdo Canal system" means those persons, partnerships, corporations or other legal entities which are delivered water transported through the Beardsley-Lerdo Canal system by either North Kern or City. 3 of 12 ARTICLE II PROVISIONS 1. (;TI. il' shall construct and maintain, at its sole expense, all facilities necessary to transport and discharge its effluent water into the Beardsley-Lerdo Canal system. 2. C'I'I~I' shall discharge all its effluent water into the Beardsley-Lerdo Canal system up to 35 cfs (30-day Mean flow) unless such water is delivered to Cawelo Water District according to the C'F[~lVCawelo Water District Groundwater Recharge Project. The parties recognize there may be periods of time when C'I"EP must reduce of or completely stop the discharge of effluent to the Beardsley-Lerdo Canal System due to C"I'EP's internal operational constraints or due to the ("l't~it'/Cawelo Water District Groundwater Recharge Project. In the event such a reduction or cessation of discharge is necessary, and unless otherwise mutually agreed to between the parties, ('TF.I' shall provide l'4orth Kern se~enty-~,vo (-7-3)-hotn~-n'd¥~nc~writtcl~ notice of CTI~P's intention to terminate or recommence discharging its effluent water into the Beardsley-Lerdo Canal system. However, in the event of an emergency CT [(1' may commence or terminate discharging effluent water into the Beardsley-Lerdo Canal system provided that, prior to discharge, (~Tl.il' shall ensure that all NPDES water quality standards will be satisfied and that adequate canal capacity exists to safely absorb the discharge flow, and notify North Kern and the City of the discharge as soon as possible. When discharging, CTEI' shall use its best efforts to maintain a reasonably constant effluent water quality and discharge flow rate throughout each day and from day to day. The parties to this Agreement will maintain daily communications of current activity and estimates of flow rates in an effort to predict flow rates forty-eight (48) hours in advance, thus keeping the parties advised of those matters affecting the receiving water quality and quantity in the Beardsley-Lerdo Canal system. North Kern and the City shall have the City's dispatcher telephone number, 326-3716, and C'HT~ P's dispatcher, telephone numbers, 392-2200 (Daily), 392-222r) (Sl~tion _lc, c, il ~tml water processing plant), 399-2835 (Emergency), to coordinate tNs data. 3. ("l'l:.l' agrees to cease all 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, it shall notify (71-'1_:.1" 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 close the Beardsley-Lerdo Canal system for more than fifteen (15) consecutive days annually for scheduled maintenance, unless mutually agreed upon by CTI !I' and North Kern. North Kern also agrees to give C'FL~;I} as much advance notice as reasonably possible before closing the Beardsley-Lerdo Canal system for emergency. In the event 4 of 12 of an emergency, North Kern will use its best efforts to minimize the length of time the Beardsley- Lerdo Canal system is out of operation. 4. Except as provided for in its NPDES permit, ("l~l il' agrees that it will immediately cease its discharge into the Beardsley-Lerdo Canal system upon being presented evidence by North Kern that CT E ["s effluent water contains any substance which is contained within any of the following definitions or lists, whether as currently 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 section 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, section 66680 and Article II, Criteria For Identification of Hazardous and Extremely Hazardous Wastes, sections 66693-66746; or e. any other definition or list pursuant to any federal, state or local law, regulation or ordinance; and which substances or wastes in the receiving waters are in concentrations that are directly or indirectly deleterious to either plant, animal or human health. 5. CTEP shall obtain and maintain NPDES permits CA0078352, Order No. R5 2002- 0053, and CA0080853, Order No. R5-2()02-()()52 and it shall comply with all terms. Any increase in the quantity--f-f Water discharged or modification of the water quality standards specified in such a permit, shall not be implemented by (71'El' unless ('TI il~ has prior written consent of North Kern. 6. CTEP shall at all times operate its facilities so that CTEI"s efflluent water does not cause the receiving water in the Beardsley-Lerdo Canal System to exceed 0.5 MG/1 of boron. CTE!~ agrees that when there is insufficient Project water in the Beardsley-Lerdo Canal system to dilute CTEP's effluent water to 0.5 MG/1 of boron, CTI'! P shall without hesitation, regardless of time or day, reduce the quantity of flow of its effluent water to a point at which the receiving water in the Beardsley-Lerdo Canal system does not exceed 0.5 MG/1 of boron. reduction, in relation to other oilfield produced water discharges into the Beardsley-Lerdo Canal system, shall be according to the proportional reduction requirements specified in the Management Plan promulgated pursuant to NPDES permits CA0078352, Order Nos. R5 2002- 0053 ~(t CA0080853~ ()rdc~r No. R5 2(:,t)~.-~)()52 or as otherwise agreed to in writing by North Kern. North Kern agrees to cooperate with ("l'l::~I' if ("1'1'~ P desires to acquire other water supplies 5 of 12 to facilitate the above blending provided that t l'lil' shall pay all cost associated with the acquisition of said water supplies and C'[ [~l' shall not purchase water supplies to accomplish such blending which may adversely affect North Kern's water supply, costs, operation, or water management programs. 7. ("l'l :. I' shall comply with each and every other federal, state or local water quality standard or provision pertaining to discharging oilfield wastewater into the Beardsley-Lerdo Canal system, whether in existence on the date this Agreement is executed or promulgated at any subsequent time, once such standard or provision becomes final and enforceable by the appropriate governmental agency. 8. ("!'1 ..1' and other oilfield produced water dischargers, shall pay North Kern the actual cost necessarily incurred by North Kern and/or the City to monitor the constituent level of C'I'I iil"s and other oilfield produced water discharges, effluent water and receiving water flowing in the Beardsley-Lerdo Canal system. ('Tl(I)'s share of the monitoring costs shall be-the actual annual monitoring cost multiplied by ("!'1.it",,, proportional share of the total maximum allowed oilfield discharge specified in the applicable NPDES permits. -:. North Kern shall provide ('D !1' with the budgeted amount of the monitoring fee for the following year by December 1 of the current year. Subject to cost adjustments as specified in Article II, Paragraph 10, the monitoring fee shall be based on the 2003 yearly budget amount of $58,400.00 9. (."D.:I' shall pay North Kern the full cost incurred by North Kern and/or the City for compensating the water users of the Beardsley-Lerdo Canal system, their successors and assigns, for having to add a salt correction material to their soil and/or water to counterbalance the higher salt 10ad contained in ('Tl:]l"s effluent water. Subject to cost adjustments as specified in Article II, Paragraph 10, the salt correction'cost to be paid by (71'13;1' shall be: $5.3 O/Acre foot per 1 lb. of 100% Gypsum per 100GPM/hour of effluent water that C'I 't:~P discharges into the Beardsley-Lerdo Canal system for the months of December, January, and February $2.3 S/Acre foot per 1 lb. of 100% Gypsum per 100GPM/hour of effluent water that CTEP discharges into the Beardsley-Lerdo Canal system for the months of March thru November. The gypsum requirement and subsequent salt correction cost will be calculated on a monthly basis as follows: a. An analysis of carbonate, bicarbonate, calcium and magnesium will be performed monthly on the effluent water by the Management Plan Contractor and utilized in the calculation &the gypsum requirement as described in Article II Provision 9.b. 6of12 b. The gypsum requirement (pounds gyp/100 GPM-hr) will be calculated for the effluent water using the following equation: Pounds Gyp/100 GPM-Hr = 4.3 * { [(CO3/30)+(HCO3/61)]-[(Ca/20)+(Mg/12)] } where: CO3 = Carbonate in mg/1 HCO3 = Bicarbonate in mgtl Ca = Calcium in mg/l Mg = Magnesium in mgtl c. A running monthly average, based on twelve (12) months of data, will be calculated for each month. The running average is calculated by dividing the sum of the twelve (12) most recent analyses by twelve (12); d. The total discharge flow for each month will then be multiplied by the corresponding gypsum requirement; e. The gypsum requirement will then be multiplied by the respective $5.05 or $2.24/acre-foot fees and is paid quarterly. North Kern agrees to quarterly reimburse the City and other diverters from the Beardsley-Lerdo Canal system a portion of the salt correction 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 hydrographic records of the flow of the Beardsley-Lerdo Canal system. Upon request, North Kern agrees to provide Cl'[~l' a quarterly statement of the reimbursements made to the City and other diverters from the Beardsley-Lerdo Canal system concerning the salt correction charge. Upon request, North 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 charges. 10. The costs stated in Article II, Paragraphs 8, 9 and 12, are best estimates of the full cost associated with the monitoring and treatment of(-"[[:~l% effluent water and are subject to change. Therefore, the aforementioned 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 Product" using the second quarter of the preceding year in relation to the second quarter of 2002, which stood at 109. I (~ as a base. 11. North Kern shall invoice CTEI) on a quarterly basis for the costs charged in Article II, Paragraphs 8, 9 and 12. The City shall invoice C I'I (1' for the charges referred to in Paragraph 18(d). Payments not received within sixty (60) days of the date stated on the billing invoice will 7 of 12 incur a late charge of 10 percent plus 1 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. ~ '/'1 ~iI, agrees to pay additional fees based on the constituent level of boron and oil and grease in its effluent discharge water. Subject to cost adjustments as specified in Article II, paragraph 10, the boron and oil and grease fees are as follows: a) the boron fee is $0.56/acre- foot per 0.1 mg/1 boron above 0.5 rog/1 in the discharge; b) the oil and grease fee is $0.17/acre- foot per 1.0 mg/1 free oil and grease above 12.0 mg/1 in the discharge. The boron and oil and grease fees will be based on the monthly averages of boron and oil and grease respectively as monitored and analyzed by the Management Plan Contractor and submitted to the Regional Water Quality Control Board. These fees will be calculated by North Kern and paid by CTEP on a quarterly basis. 13. ('TI-il' agrees to assume all duties and obligations including, but not limited to, the payment of any tax, assessment, penalty or any levy whatsoever, which may be imposed by any federal, state or local governmental agency upon North Kern, the City or the water users of the Beardsley-Lerdo Canal system, pertaining to actual or claimed degradation of groundwater quality due to ("l'l:il"s effluent water. Following imposition by a governmental agency of any above-specified levy, the parties shall meet and confer to determine the nature and extent, if any, of C"lq~l"s responsibility for such a levy. ('Tl!:~l~ shall not be obligated under this paragraph to make payments to North Kern, the City or the water users of the Beardsley-Lerdo Canal system, ifCTl, i' has previously made direct payment to the governmental agency imposing the levy. 14. The charges specified in 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 water users of the Beardsley-Lerdo Canal system as a consequence of CT E P discharging its effluent water into the Beardsley-Lerdo Canal system. No charge or fee whatsoever, other than those charges above-specified, shall be levied under the terms of this Agreement by North Kern or the City against ('TEP in connection with the monitoring, discharge or use of CTE'P's effluent water in the Beardsley-Lerdo Canal system. 15. The failure of any party to enforce against the other a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time. 16. ("1'1',i1' 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 CTI.',;P discharging its effluent water into the Beardsley-Lerdo Canal system. Provided, however, C'I"EI) shall not be responsible for any injury, damage, loss or liability directly and proximately caused by the negligent or willful misconduct of either'North Kern, the City or the water users of the Beardsley-Lerdo Canal system, including but not limited to, any and all injury, damage, loss or liability directly and proximately cased by a water user of the Beardsley-Lerdo Canal system failing to add a salt 8of12 correction material to their soil and/or water to counterbalance the higher salt load contained within CTEP's effluent water. North Kern and/or the City shall tender to C-I'I :.l' the defense of any claims against them, or either of them, which come within the scope of this paragraph. Should CTEP accept the tender of defense, C'I"I :.l) shall keep North Kern and/or 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. 17. This Agreement shall be in effect until and including December 31,200~";. Provided, however, this Agreement shall be subject to suspension or termination as follows: (a) North Kern may suspend CTEr"s discharge of effluent water, with reasonable cause, upon forty-eight (48) hours notice to CTEP as provided in Article II, Paragraph 22, in which case, ("'1'1~I' shall incur no liability for charges levied according to this Agreement during any such suspension; (b)North Kern may terminate this Agreement at any time upon sixty (60) days written notice to (c)CTEP may terminate this Agreement at any time upon sixty (60) days written notice to North Kern, and (d) City may terminate this Agrcc~ncnt within ((~0) ctz~ys I)rior tc~ thc ('ity (~t.~c~;~li~[z domcstic water treatmcnt plant fi'om thc l;¢a~'dsh:y (':mai l')rt)x,'id[xl stroh usc oJ' linc l/c;lrd:dc¥ Canal is carried out consistent with thc provisions of thc February 2g. 1978 "Quitclaim o1' ('anal Easements..." executed by the City in favor ot' North Kern and other agrccmcnls bcl wccn the City and North Kern. Unless otherwise mutually agreed between the parties, upon termination of this Agreement, C TEP shall cease all discharges and within twelve (12) months thereafter remove all its discharge facilities from North Kern's Beardsley-Lerdo Canal system and right-of-way and restore the premises without damaging existing canal facilities. ("1'1 :.1' shall assume all costs associated with the removal of its facilities and restoration of the premises. . In the event state, federal, or local laws or regulations, such as those identified in Article II, Paragraphs 4 and 7, should render CTI~I"s effluent water unsuitable for discharge into the Beardsley-Lerdo Canal system, all monetary obligations of CT I :,1' to North Kern and the City shall be suspended until that time when discharge can be resumed. 18. This Agreement is intended, in part, to supersede the Agreements dated May 1, 1986, April 1, 1994, and August 25, 1999, between C'i'I.(I', North Kern, and the City. To the extent that rights or obligations claimed under said 1986, 1994 and 1999 Agreements are inconsistent with the terms and conditions of this Agreement, such rights or obligations are extinguished hereby. Notwithstanding the above, this Agreement shall be interpreted as follows: a. The January 3, 1977 contract by and between Getty Oil Company, predecessor to CTEP, and City has been superseded by the May 1, 1986, April 1, 1994 and August 25, 1999 Agreements by and between North Kern, CT I il' and City, and except to the extent expressly stated in this Agreement, all rights and obligations provided in the January 3, 1977 contract are extinguished, including any claim or right of ("TI(I~ to discharge any effluent water into the Beardsley-Lerdo Canal system except as expressly authorized by North Kern; 9of~2 I b. Nothing contained in this Agreement, nor any performance under this Agreement, shall affect or change the existing Kem River water rights or Lake Isabella storage rights held by North Kern or the City; c. Nothing contained in this Agreement shall affect or change CTEP's fights or the City's obligations regarding discharge to the Carrier Canal; d. Nothing contained in this Agreement shall affect or change the rights or obligations regarding charges specified in Paragraph 6 of the January 3, 1977 Agreement; and e. ('TI!P hereby surrenders all right to discharge any effluent water into the Beardsley-Lerdo Canal system except as provided in this Agreement. 19. In the event of any litigation between North Kern, ('T[!P and the City or any two of them, in connection with the interpretation, performance or enforcement oftliis Agreement, the prevailing party or parties in such litigation shall be entitled to be reimbursed by the other party or parties thereto for all costs of litigation, including, but not limited to, court costs, time and expense of personnel, attorneys' fees, costs of experts and other costs of litigation. 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 1654 of the Civil Code has no application to the interpretation of this Agreement. 21. None 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. All notices hereunder shah 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 81435 Bakersfield, CA 93308 ChevronTexaco Exploration and Production Company P.O. Box 1_~9_ Bakerslield, CA 93302 10 of 12 City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 23. This Agreement shall be binding on the three named parties and their successors and assigns; PROVIDED, HOWEVER, that CTEP shall not assign or otherwise transfer this Agreement or any ofCFEP's rights hereunder, either voluntarily, involuntarily, or by operation of law, without the prior written consent of North Kern, which consent shall not be unreasonably withheld, and any assignment or other transfer or attempted assignment or transfer contrary to the provisions of this Agreement shall be absolutely null and void and of no effect whatever. 24. This Agreement constitutes the entire Agreement between the parties pertaining to the discharge of C TEP's effluent water into the Beardsley-Lerdo Canal System and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, not specifically referred to herein. 25. 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 carder. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. " NORTH KERN WATER {-;~ ~ E V RO N T EX A CO EX P ~,O R A T~ O N STOOGE DIS~CT ..x N D I'RO DU( 7~'SON CO M PA N V BY: BY: President title: BY: Secretary-Treasurer 11 of 12 CITY OF BAKERSFIELD BY: APPROVED AS TO FORM: HARVEY HALL OFFICE OF CITY ATTORNEY Mayor BY: City Attorney APPROVED AS TO CONTENT: COUNTERSIGNED: BY: BY: ' ~, GENE BOGART Water Resod'~ces Manager Finance Director E:\Callowaybackup~.GREEMEN~TcxacoN KCityAgreementBe. ardsley. LerdoF.doc 12 ofllll Water Board Meeting September 17, 2003 12. CLOSED SESSION A. Conference with Legal Counsel- Existing Litigation: Closed Session Pursuant to Government Code Section 54956.9(A) City of Bakersfield vs. Kern Delta Water District, Kern County Superior Court Case No. 250283-RDR. B. Conference with Legal Counsel - Existing Litigation Closed Session Pursuant to Government Code Section 54956.9(A) North Kern Water Storage District vs. Kern Delta Water District, et al, Tulare County Superior Court Case No. 96-172919.