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HomeMy WebLinkAbout03/14/84 . ,. " - '.. . I I , , I ~ ~ ! AGE N D A ------ WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, r1ARCH 14, 1984 12:00 NOON Call meeting to order. Roll call - Board Members: Barton, Chairman; Payne, Moore, 1. Approve minutes of Special Meeting held on February 2, 1984. 2. Scheduled public statements. 3. Correspondence. 4. Weather Modification Agreement for City participation in the 1984 cloud seeding program on the Kern River Watershed. FOR BOARD ACTION. 5. Water Transportation Agreement with Arvin-Edison W.S.D. to allow the City of Bakersfield to transport City Kern River water via the Arvin-Edison Canal to City farmlands located I south of Wastewater Treatment Plant No.2. FOR BOARD ACTION. - 6. Mainline Extension Agreements at various southwest locations. FOR BOARD INFORMATION. 7. Closed Session - Water matters concerning potential litigation. 8. Staff comments. 9. Board comments. 10. Adjournment. . .c I - I £1 'it ,~ ,j~ . ' ~:/!8I ...~," ""._, ------~'_U_------"-'---"'---- ,----,------. "'-'-- --'------"--"---' -- - "--'- ; I SPECIAL MEETING WATER BOARD - CITY OF BAKERSFIELD THURSDAY, FEBRUARY 2, 1984 12:00 NOON The meeting was called to order by Chairman Barton in the Department of Water Resources Conference Room. The secretary called the roll as follows: Present: Barton (Chairman), Payne, Moore, Oberholzer Absent: Russell The minutes from the meeting of December 14, 1983, were approved as presented. Mr. Core presented for Board information the Mainline Extension refund re-assignment from Neptune Investment Company to Mr. Ralph H. Masure. The Ditch Eradication Agreement and Pipeline Easement was presented before the Board by Mr. Core, who explained that the existing easement is a 100' wide and 700' long open ditch. With this agreement the City would quitclaim that easement to the developer and he in turn would grant to the City an easement for the pipeline for maintenance purposes. There would be no cost to the City on this project. Mr. Dow requested Board approval and recommended referring to City -' .. Council for approval. Mr. Payne made amotion to reconunend to City Council for approval. Motion passed. It was reconunended by staff that items 5 and 6 be considered after item 7. Motion made by Mr. Payne to deviate from agenda and go to Closed Session. Motion passed. Adjourned to Closed Session. The meeting reopened to public. It was brought before the Board and discussed at length that it be appropriate for Board to appoint someone to attend the First Point Interest Meetings and Kern County Water Agency Meetings and River Interests Negotiations; since having more than two members of the Board attend constitute a quorum. Due to this fact it was recommended that there be a fourth member of the Board. After further discussion, Mr. Barton 'was designated to be the representative at the First Point Interest Meetings and Mr. Moore will be the representative at the Kern County Water Agency and River Interests Negotiations. The meeting adjourned at 1:53p.m. ~ ~ ~~ k,':, 1" , (":l ~ ~ ~ " es J. ~on, C airman ~ty of Bakersfield Water Board , ') /1 /J 1'/ (, i2 ,..-:'~ 4.{..- ' 'A-:1' ý'!,,'y'// Carol Pagan, Seóretary City of Bakersfield Water Board /' ...- !'" '-, ~ ~'" ~ ,~ --- - ~ -~ ~ - -.1 - -- ~ -----"- r,- ,- ' > " " i' AGREEMENT AMONG THE NORTH KERN WATER STORAGE DISTRICT, BUENA VISTA WATER STORAGE DISTRICT, KERN DELTA WATER DISTRICT, AND CITY OF ßAKERSFIçLD WATER BOARD FOR OPERATION OF THE KERN RIVER WEATHER MODIFICATION PROGRAM THIS AGREEMENT, made as of the day of , 1984, by and among NORTH KERN WATER STORAGE DISTRICT, (hereinafter referred to as "NORTH KERN" ) , a Water Storage District organized and existing under and by virtue of Division 14 of the California Water Codè, BUENA VISTA WATER STORAGE DISTRICT" a like district, KERN DELTA WATER DISTRICT, a California Water District organized and existing under and by virtue of Division 13 of the California Water Code and the CITY OF BAKERSFIELD ¡'JA'1'ER BOARD. an agency of the City of Bakersfield, hereinafter collectively referred to as "parties of this Agreement". WHEREAS: 1. The Department of Water Resources, State of California, has issued to NORTH KERN a permit for weather resource management !hereinaftE::r referred to as the "permit"), -':. .~ dated July 2, 1980 (permit .11). Such permit authorizes NORTH f 'I KERN to conduct weather resource management program ~ a '< ~ ~ (hereinafter referred to as the "Progra..") under the ..;, ,:0.;/. ¡ supervision of Thomas J. Henderson. ", ,',;..i.-,:,' " , '" ,'i" c;: ,~~::".::::~;;.~tq.;:",:A~ 2. Available data indicates operation of" a weather .:';'."~"'::,;:.t,;»',-~>i;J , " " '. {~,}~"~r;i;'t:4A-:\~~:l' . modification program in the Kern River watershed upstrea~\ :ò'~"::".:(,,\.J¡~#:~~:~.~~[;;~~t I sabel! a Rase r vo i r wi 11 i nc r ease pr ec i pi t at i o:ri, '.", i,n';":, '::'~ai~'::)~';Œ;';::}.':~:~~~~:;~:~:~!.~Æ>~ " , " ,:,.,,'."/;~,:.~:',;,'j~;-'<:;~':~'::~\;t:t'::"; :""~f":¡;'~ ",w_: .,wa;~e;r:.-~,hed,:, and therefore increase' t~'ê;', 'Quant';fi~:i!~~;~.~~f:,~~;~:,~å,t~:ë;r;:~\"~"~;~(:t: '.~ ,;;.1 ~>'.-;/, :' ::;:':\;;,..'., ' ,""", ~ >.;:,;~~~:\:¡.¡j!;,¿.j~{?:F;~,;:y::~~~g~:~é~:;~'~'~ .~i ' ,',' " a v afhti 18f o. d tv er . ions f. 0" t h. Kern Rtv... ""êi~I>,.,.,f,*tÖ:&1 t"~'¡f' ,:1',:' ~';ici;¡;)~ , ,,', ;,);~".,L -,,', . , , .,,' ,', ";::?~t6:~~~¡~~~~;tf~;~~;å~1~~l , ; " I -; " ; this Agreement are the principle diverters of waters from the Kern River, and therefore will benefit from any program to increase precipitation in said watershed. 3. The governing bodies of each of the parties to this Agreement have approved execution of same. NO~, THEREFORE, IT IS MUTUALLY AGREED AS FOLLO~S: 1. Operation of the Program: North Kern shall operate the Program consistent with the description, terms and conditions set forth in the permit. 2. Cost of the Proqram: All costs associated with operating and carrying out the Program. including engineering and legal fees and other administrative costs, shall be borne by the parties to this Agreement f::Qual1'f (that is to say, 25% per party); provided. however. said total cost shall not exceed FORTY FOUR THOUSAND DOLLARS t$44.000.00) without the prior consent of all parties to this Agreement. 3. Indemnification and Contribution: It is understoc..o by t r, e parties to this Agreement that Atmospherics Incorporated (hereinafter referred to as "Contractorn) has obtained a policy of insurance, with limits t :: of TWO MILLION DOLLARS (t2,OOO,OOO.OO) for bodily injury and " pr'oper'ty damage and that such policiee name the parties to this ;' " ' Agreement as additional insureds. A certificate of ins,ur ance, 'J ",'-. ; naming the parties as additional insureds, shall be furnished " 'i to each party. Said policies shall contain provisions that ~ ~ provides that thirty 130) day notice will be given to parties \ : '1',':-" to any sha'~l ' :\f<," ¡ I prior cancellation. The parties to this Agreement <' ,","/1" ,', ; ,; "'" ' contribute in equal shares toward any liability arising out of " ,J ,'; , " ¡1 ' ",' ',,', ,,'" ' '."':"":,' ,,'~, ",," ~ ' " ? """'" ----- 7' " r . Õ' performance of the Program pursuant to thi9 Agreement. that may be deter'mined to not be covered or included in Contractor's insurance policy. 4. InsUrance: Notwithstanding the parties to this Agreement relying on Contr'actor's insurance polic!/. during the term of this Agreement, each party thereto shall maintain insurance or reserves with limits of liability at least equal to ONE MILLION DOLLARS ($1,000.000.00) for combined bodily injury and property damage on a comprehensive general liability form. including the following extended coverages: Blanket Contractual Coverage Broad Form Property Damage Personal Injury Products/Completed Operations Owners and Contractors Protective Non/Owner Automotive Such insurance or reserves maintained by each party to this Agreement shall not exclude the type of activity .. . .~ undertaken by the Program. Each party of this Agreement shall ~ within fifteen (15) days of the execution of this Agreement ( . 'I.. ~ provide cert:ificate of insurance which each party to ~ a names I f I this Agreement and its officers, agents and employees às ' (' " !~ additional insureds and reflects the existence of the, r.eQuired' . '.', '~' c' ' I .',' insurance or reserves delineated above. '~~"" '\, ¡, 5. bDD. ',".,..;~~.',"", '...i';;;f)t';'>:..L,~J).,~ " . This Agreement shall continue for a~~I"'!~Pf,ql1e"iJ;t".,.,.;',~~..r: : "": ";""i'] I , -~~ ~ " ; . EXECUTED in Quadruplicate at Bakersfield, California, as of the day and year first above written. NORTH KERN WATER STORAGE'DISTRICT By PRESIDENT By SECRETARY, BUENA VISTA WATER STORAGE DISTRICT By PRESIDENT By SECRETARY KERN DELTA WATER DISTRICT By PRESIDENT By SECRETARY CITY OF BAKERSFIELD WATER BOARD By i CHAIRMAN ~ By C1TY ATTORNEY COUNTERSIGNED: ~ \ ASSISTANT CITY HANAGER. FINANCE , : : ~ I' ,',¡,;~ "" '::::,ri' ,\ , " ,~ , ," ¡: ~ , "" f ""', ,; , ;r ¡j¡~ , ,', ': j' ,; :' ~ ' '..;,:" 'f~ ~ . '-,. ',' ,~ , '. ¡ . '" I EXECUTED in Quadruplicate at Bakersfield, California, as I of the day and year first above written. NORTH KERN WATER STORAGE DISTRICT By PRESIDENT By SECRETARY BUENA VISTA WATER STORAGE DISTRICT By PRESIDENT By SECRETARY KERN DELTA WATER DISTRICT By PRESIDENT By SECRETARY CITY OF BAKERSFIELD WATER BOARD By CHAIRMAN By CITY ATTORNEY COUNTERSIGNED: ASSISTANT CITY MANAGER, FINANCE :<.:,..', I',: ;:~"~~~(;~>:' ,. ,< .,>."'"..:~". U ':",;:'. .' ----------------. m__- -- ---- --- - ~. ' . i", I EXECU'T'ED In Quadrupllcate at Bakersfield. California. as of the day and year first above written. NOR'T'H KERN WA'T'ER S'T'ORAGE DISTRICT By PRESIDENT By SECRETARY BUENA VISTA WATER STORAGE DISTRICT By PRESIDENT By SECRETARY KERN DELTA WATER DISTRIC'T' By PRESIDENT By SECRETARY CITY OF BAKERSFIELD WA'T'ER'BOARO By CHAIRMAN By " CITY ATTORNEY COUNTERSIGNED: ASSISTANT CITY MANAGER. FINANCE " ,J;",......,.' ,: I ; .. '!,.- :'é:',. '.. ;~ "'I U :~ -- -- ~--- --- - . > ' . . -,' EXECUrED in Quadruplicate at Bakersfield, California. as of the day and year first above writ'ten. NORTH KERN WATER STORAGE DISrRICT By PRESIDENT By SECRETARY BUENA VISTA WATER STORAGE DISTRICT By PRESIDENr By SECRETARY KERN DELrA WATER DISTRICT By PRESIDENT By SECRETARY CITY OF BAKERSFIELD WATER BOARD By ;, CHAIRMAN :,1 >: '..': , ¡", By 1"1 ~! CITY ATTORNEY , t¡: ~; ~" COUNTERSIGNED, ~i , '~ "',; '~ ASSISTANT CITY HANAGER. FINANCE :, ';, .' ". .. .; k ~ : ~. I '~ . " ".:: ':~ ""~:I "-? , ""'.,.',.",:\~'."::,""' q ------ ----- , "i' ; . .. .' '~' - CONTRACT TO CARRY OUT AND SUPERVISE KERN RIVER WEATHER MODIFICATION PROGRAM This contract entered into this day of , 1984, by and between the NORTH KERN WATER STORAGE DISTRICT, a Water Storage District organized and existing under and by virtue of Division 14 of the California Water Code, hereinafter referred to as the "District", and ATMOSPHERICS INCORPORATED, a California corporation, hereinafter referred to as the "Contractor". WIT N E S S ~ T H: WHEREAS. the Department of Water Resources, State of California, has issued to the District a permit for Weather Resource Management (hereinafter referred to as the "permit"), dated July 2. 1980 (permit ell), which authorizes the District to conduct a Weather Resource Management Program (hereinafter referred to as the "Program"), and WHEREAS. the Contractor has on its staff weather resource management licensees and other professionals necessary to carry out and supervise the Program and has at its disp09al eQuipment to carry out the Program. NOW. THEREFORE, 1'1' IS AGREED as follow9: 1. Contractor shall engage in artificial cloud nucleation operations during the term of this contract. within the target area identified by and consistent with the INITIAL STUDY ENVIRONMENTAL ASPECTS OF KERN RIVER WEATHER MODIFICATION PROGRAM and the above referenced permit. The purp0ge of this cloud nucleation operation i9 to increase precipitation within the target area. 2. The term of this contract shall cover one seasonal operational period and shall commence March 1, 1964 and end April 30. 1984 unless mutually extended. 3. The Contractor shall furnish and have available for ~ use during the operational period the following equipment and i personnel: a. The Contractor agrees to have available on a 2ij hour- a-day basis th~ services of a competent staff to '~ furnish full meteorological data. f ~ , I, b. A complete radar syste8 of the type designed to track ì precipitation areas within storms will be located in ; the vicinity of Porterville, cal~fornia. and shall be ~ I,:"',::'::<~: ';', 1 ,) ~ 1 . , . "' 0, . .. . " ? installed to cover the target area to the best advantage. c. All weather data will be available at the location of the radar system and will be used to coordinate the various phages of the field program. d. Telephone and power facilities will be maintained at the location of the radar system. e. A weather radio receiver will be maintained at the location of the radar system for receiving airway weather reports. f. Contractor will provide special photographic equipment designed to furnish permanent records of the various phases of the Program. These photographs will be used to study and analyze various storm situations and will be made available to the District upon reQl!est. g. A cloud seeding aircraft will be based at the Porterville Municipal Airport. This aircraft will be equipped for aU -weather flying. it will be further equipped with facilities for dispensing both dry ice and silver iodide for use in cloud geeding activities through the target area. The contractor agrees that its aircraft and eQuipment thereon will be certified by the Federal Aviation Administration, an agency of the United States of America. and that any and all pilots operating aircraft for or on behalf of the Contractor shall be duly 1icensed by the said Federal Aviation Administration. h. Contractor will provide a service vehicle for field work related to all ground and air equipment utilized on the project. - i. Contractor will furnish the following personnel who f !\, will be stationed within or near the project. f; (1) One radar meteorologist. t:" (; ( 2) One instrument rated pilot meteorologist, I: ~ ( 3) One radar technician, and (In One field serviceman and equipment technician. \;,:,-:\ " l'~'\ Thomas J. Henderson shall supervise the Program., - ..~ ""' , ' "I " ',', , :' ~~ , I" ,..',." :'" ! I ':" '" '.. - \: . :' ..', " "",' 7;'; .." '~'J\ ,; " " , ~, ~ ' '",,' '. "," ì ,,- : 2 ' '~':~:::"',-<,-:". > - ,'~ '.", ," ',<" -, ,'~ ,,', '" 0, Õ ." . '7 ~. The main nucleating agent will be silver iodide, which shall be dispensed from aircraft. 5. The Contractor shall prepare all reports pertaining to the Program required to be filed by the Contractor and District to comply with Federal and State Law. The Contractor shall furnish monthly operational reports during the course of the cloud nucleating operation. As soon as practical after the conclusion of the operational period, the Contractor will furnish the District a final evaluation report covering the entire yearly operation. 6. The Contractor shall furnish and keep in force during the operational period the following insurance. comprehensive public liability and property damage insurance, in the amount of $1,250,000.00 covering operation of its equipment, owned or leased, including aircraft, workmen's compensation insurance, and aviation bodily injury and property damage liability insurance of $2,000,000.00. Such insurance shall be maintained at Contractor's cost, except that the District shall pay the Contractor for the cost of the above referenced aviation bodily injury and property damage liability insurance in addition to ~ayments delineated below. With respect to the above referenced insurance policies, the Contractor shall deposit cert.ificates of insurance with the District prior to the commencement of the operational period reflecting the existence of the required insurance. The certific~tes of insuranc~ for the comprehensive public liability and property damage insurance and the aviation bodily injury and property damage liability insurance additionally shall name North Kern Water Storage District. Buena Vista Water Storage District, Kern Delta Water District and the City of Bakersfield, and their officers. agents and employees, as additionally named insureds. Parties require a thirty (30) day notice of cancellation. 7. Contractor agrees to be responsible for, and to indemnify and hold the District harmless and free from all claims of damage to person or property of any kind or character whatsoever caused by Contractor's acts of negligence or malpractice in its cloud seeding operations. ~ ~I 8. Contractor agrees to be bound by the laws of the [ State of California and the Federal Government particularly ~ '1 with respect to cloud nucleation operations, and that prior to ~ commencing the operation under the contract for the District, t the Contractor shall have in force all necessary licenses and ~ permits from the State of California to so operate. r r r 9, This contract may be cancelled by the District upon Ii five '5) days written notice, sent b~ mail to the principal l office of the Contractor, upon the occurrence of anyone of the t ~ following contingencies, i: I I ¡ , '".' ~, '\ ~I íf, , 3 ;' \ .. . ;-" .. " . . ;"'"' (a) The issuance of any court of competent jurisdiction of any temporary or permanent injunction against all or any part of the cloud nucleation operations undertaken by Contractor under this contract, whether the District is apart of said legal proceedings or not. It is understood that the issuance of any temporary restraining order, or any temporary injunction limited by its terms to a period of less than twenty (20) days in duration, shall not constitute a basis for cancellation under this paragraph. Ib) The. passage of any overriding legislation by the State of California which shall outlaw, limit, void or alter in any substantial respect any provisions of this contract, or shall make unlawful or improper in any substantial respects, any of the operations of the Contractor under this contract. In the event of cancellation by the District under or pursuant to the terms of this paragraph, all monies already paid to the Contractor by the District shall be retained by the Contractor as compensation for service alreadv oerformed and in addition thereto District shall pay to the Contractor the payment due on the first of the month following the month in which such cancellation is made. If the District requests an evaluation report on the cloud seeding operations for that season UP to the time of such cancellation, Contractor will Furnish such report. 10. In the event the District decides that additional precipitation is not desired for any portion of the operational period, the District may suspend cloud seeding operations for any specified portion of such operational period by providing three (3) days notice to the Contractor. In the event the District suspends operations under this paragraph, Contractor will reimburse the District 1n the amount of *110.00 for each day of the suspension. 11. District agrees to pay to the Contractor for the! services rendered, as outlined in this contract, the total sum i of THIRTY-TWO THOUSAND (*32,000.00) in payments as set forth ¡ below. It is understood and agreed that this sum includes the ¡ total fees for all aircraft fli~hts and evaluations of the I program, except as provided at paragraph 6 above. District f further agrees to pay the Contractor for the services rendered' \ during the month of Hay, 19Sq, as this contract may be mutually extended as provided in Section 2 above by notice not later 1 than April 20, 19SQ. i J ..->",."".,~:'-'L' ".~-:",/"':_;[~:.:".;, ¡ , ',: ',', Q" .~:. ' : Íi, .¡, ';,'.:-/", ",'" ~ - \.. ." ... . . ."" . 12. Schedule of Pavments. Operations . MONTH - 1984 2 or 3 Months March 15. 1984 $ 16.000 April 15. 1964 $ 16.000 May 15. 1964* $ 5.600* TOTAL $ 32.000 for March-April Program $ 37.600* for Harch-Hay Program * If mutually agreed to extend the Program to include the month of May. the cost will be increased $5.600. 'I .1 13. Any notice to be given hereunder may be served personally or by depositing the same in the United States mail. postage prepaid. and addressed to the party being notified at its address as set forth below. or at such other address as may be hereafter designated in writing. If served by mail. service shall be conclusively deemed to have been made upon deposit in the United States mail. IN ~ITNESS ~HEREOF. the parties hereto have executed this contract in duplicate the day and year first hereinabove written. Address. NORTH KERN ~ATER STORAGE DISTRICT 1415 - 16th St., Suite 705 Bakersfield, CA 93301 By President (SEAL) By Secretary Address. ATMOSPHERICS INCORPORATED , J 5652 East Dayton Avenue . I Fresno. CA 93727 By ,.,' President 'SEAL.} By I: Secretary . f I / . " . . I ' > ". " :~ '" . , , ',' , . . . ,", . ,;,.' '. ;'" . ¡ J :1 5 . 1) .~' b ., '~: "I .' :>.., .- .. I AGREEMENT NO. WATER TRANSPORTATION AGREEMENT THIS AGREEMENT is entered into this day of , 19 , between ARVIN-EDISON WATER STORAGE DISTRICT, a California - Water Storage District, hereaftèr called "District", and CITY OF I BAKERSFIELD, a California Municipal Corporation, hereinafter ! called "City", with the approval and consent of City's tenant hereinafter mentioned, and the Regional Director, Hid-Pacific Region, Bureau of Reclamation, the Contracting Officer under the Federal contracts referred to herein. WIT N E SSE T H: \VHEREAS, as a part of its water distribution system designed to deliver water from the Federal Central Valley Project to its water users, District operates the Arvin-Edison Intake Canal pursuant to a loan contracc with the United States, dated October 25, 1962, (Contract No. l4-06-200-284-A), and a contract amendatory thereto, dated September 30, 1982, (Contract No. 14- 06-200-284-A Amendatory) as authorized by act of Congress of June 17, 1902 (Stat. 388) and acts amendatory and supplementary thereto, particularly the act of July 4,1955 (60 Stat. 244), as further amended by the act of May 14,1956 (70 Stat. 155) and the " act of October 13, 1972 (86 Stat. 804). WHEREAS, City is the owner of the real property described in Exhibit A hereto which is presently developed and used for \I - . ~~ I " 1 , r ; agricultural purposes as a part of its municipal sewage disposal system. WHEREAS, City desires that District use such excess capacity in its Intake Canal as District sees fit to make available, from time to time, to transport Kern River water available to City for use on City's property, to improve the quality of water otherwise available to said property. WHEREAS, District desires to enter into an agreement for the use of City's property, generally referred to as "City's 2,800 acres", for the purposes of ground water storage of District's water that is surplus to its immediate needs for surface irriga- tion deliveries, and to improve its peaking capability and to insure that it will no longer be subject to lawsuits for damage caused by flooding allegedly resulting from the above-grade construction of the Arvin-Edison Intake Canal filed by City's lessee of land in the vicinity of its Intake Canal between Cotton- wood Road, (including an extension), and Fairfax Road (including an extension). A G R EE MEN T 1. This agreement is effective as of the date above set forth and shall terminate at midnight December 31, 1984. It is understood that the services agreed to be provided are for the term of this agreement only and that no precedence shall be established hereby for similar services to be rendered subsequent to the termination of this agreement. , '.' 2. Subject to the terms hereof, District will transport : . I :¡' ,',-, ";<;,-', " I p' City water through, such excess capacity as District determines it . " ! -, " \ " I will make available from time to time in District's Intake Canal from the delivery point of City's Carrier Canal, in the vicinity of the Gosford Road weir, to a delivery point to be developed and operated at City's expense in the vicinity of the westerly line of Section 27, Township 30 South Range 28 East, M.D.8.M. a. Unless mutually agreed- to in advance by the parties to this agreement, the instantaneous delivery rate shall not exceed 35 cubic feet per second. b. At its expense, City will install pump and metering devices at said point of delivery to City as District shall deem appropriate, which facilities remain the property of City. Provided, however, any facility that the City fails to remove within 30 days of the termination or cancellation hereof shall be deemed abandoned by the City and become the property of the District to use or dispose of as it sees fit. 3. Delivery shall be scheduled by District pursuant to requests made by designating agents of the City. Upon approval by District, the requested delivery will run continuously day and night until the amount of water ordered for the period has been delivered and no turn-on order will be accepted for less than a . í 24-hour perIod. Orders to turn on or turn off or to increase or decrease the rate of delivery shall be made to the District Office in ! ¡ person or by telephone in accordance with the following schedule: ì I ,:, ,'., ~ :'. : .'. --', , d .r!1 . hi ~ ~ -" " I ;, I Prior to 9:00 a.m. After 9:00 a.m. On Monday are for Tuesday On Monday are for Wednesday 'On Tuesday are for Wednesday On Tuesday are for Thursday On Wednesday are for Thursday On Wednesday are for Friday On Thursday are for Friday On Thursday are for Saturday On Friday are for Saturday On Friday are for Sunday On Saturday are for Sunday On Saturday are for Monday Water orders placed on Sunday will be for Tuesday Except in emergencies, water will not be turned on, turned off, increased, or decreased after 9:00 a.m. on the day scheduled. For purposes of properly scheduling district activities, it is desirable that the district be given a turn-off order at the same time that a turn-on order is given. Regardless of what may be stated elsewhere in this agreement and as an overriding principle, it is agreed that no deliveries will be made to City property at any time when the District has determined that said delivery will interfere with its ability to meet the demands for water within District Boundaries, including in lieu deliveries or spreading. 4. Wat~r delivered to the City hereunder is t: be used to improve the quality of the water supply used on City's real property described in Exhibit A which property is presently developed and used for agricultural purposes as a part of its ~ sewage disposal system. a. District's facility shall be operated in '. strict compliance with its water service and loan contracts, the provisions of Reclamation law and rules and regulations promulgated I " - ¡ ;:~: '; - ,;,r;':é,: \1 " '. .~ , . '~-, ; 4.l - . .. , ,¡ .- pursuant thereto. In the case of conflict between such provisions and the provisions of this agreement, the former shall control. b. Since the property served hereby is outside District boundaries, the consent of the Contracting Officer, the Bureau of Reclamation, is required and, since the use is for municipal purposes, acreage limitation provisions do not apply to the water delivered for use on City's property. c. Since interruptions in service may occur, all those intending to make use of water to be transported hereby bear sole responsibility for having some other source of water and acknowledge that no crop should be planted in reliance upon receipt of any wat~r to be transported pursuant to this agreement. d. It is understood that the water transported hereby will be comingled with District water and District is not to be held responsible for the quality of water delivered to City or its fitness for any purpose. Further, it is understood that the water is not fit for human consumption. 5. City shall pay District the following transportation ',' . charges: a. For wheeling City water via approximately eleven (11) miles of the Arvin-Edison Canal, the City will pay to the District the sum of ONE DOLLAR SIXTY-FIVE CENTS ($1.65) per acre foot transported. This charge is computed at the rate of ' i ($.15) per ~cre foot mile. City shall be billed by I FIFTEEN CENTS ¡ , J , . the fifth day of each month and a charge shall be due and delinqUent ". I " ,"',':, , :-'f¡ ','. l' ,s:;. .-:':> ' t , '. .. , ' " 0, if payment is not received at the District Off~ce by 5:00 p.m. on the 25th day of the month. No further deliveries will be made until said delinquency, including penalties and interest, has been paid. As provided in Water Code section 47182, any charge that remains unpaid for thirty (30) days after billing shall have a penalty of 10%, added thereto and they shall bear interest at the rate of 12% per year. b. Should a charge reflecting the amount of money due from the District to the United States be imposed pursuant to the District's loan contract, by reason of its use of its distribu- tion system for municipal purposes, District shall notify the City as herein proyided. This charge is to be billed in January for any use during the prior calendar year, and shall be due and payable within thirty (30) days of receipt thereof. vIa ter deliveries and penalties and interest will be computed as pro- vided in paragraph 4a. 6. City assumes all responsibility for and will hold District, its officers, employees and agents harmless from causes of action of any kind involving the transportation of water asserted by persons to whom City elects to make the water, trans- ported pursuant hereto available. City and its tenant hereby waive any claim against District, its officers, employees and agents for damage to persons or property, real or personal, arising from performance ,of the terms of this agreement. City shall assume the defense of and indemnify and hold harmless , , J?~.strict, its officers, employees and agents from any and all , :<; I ¡"'r"'" " ' i '"ßi},,;:\;;>., , ',-,.' ; .,,:;;,-. . . , .~:" ~',' , .. 'i-, "'., " - -------------- - -- --- ----- . . . . , " 'I . I loss, damage, liability, claims, or causes of action of any I nature whatsoever, including damage to or destruction of property I and claims of inverse liability, arising out of or incidental to I matters asserted by one claiming some right, title, or interest in the water transported pursuant hereto, or one who asserts injury by reason of water delivered hereunder outside the service area of the District, or by one who asserts injury by reason of failure of District to deliver water hereunder. If it is determined that the provisions of Chapter 21 (commencing with secti~n 895) Part 2, Division 3.6, Title 1 of the Government Code are applicable to this agreement, the foregoing is intended to establish the contribution and indemnification authorized by section 895.4 of said code and is in lieu of the provisions of section 895.6 of said code. 7. Without limiting District's discretion specified elsewhere herein, so far as feasible, District will give the person se:ected by the City not~ce in advance of any discontinuance or reduction in any scheduled delivery. However, in no event shall any liability accrue to District or any of its officers, employees or agents arising from any discontinuance or reduction in service or failure to give notices herein provided. 8. During the term hereof, City and District intend to use their best efforts to negotiate an agreement whereby District will be entitled to use City's 2,800 acres for groundwater storage of District's water that is surplus to its irrigation . .' needs at the time of its availability for extraction at, a'la.ter ""'\"::;~'. '..: I. date for District's surface use. .' - -. ',," .c. '" . .' r, . '. ;.;. "' - --~--------- . '. . ,,~ .;~ . . I 9. City and its tenant upon City property in the vicinity of the Arvin-Edison Canal between Cottonwood Road and Fairfax Road, including the property described in Exhibit A hereto, and each person claiming an interest in or to said property, by their consent hereto, agree to be bound by all the provisions hereof and further agree that they will at no time hereafter assert any claim of action or damage to persons or property, real or personal, or the taking thereof, in or on about the City's property mentioned herein, arising by reason of flooding alleged to have resulted from the construction above-grade of the Arvin- Edison Intake Canal in its present location between Cottonwood Road and Fairfax Road. The City further agrees to insert this waiver in all future leases of such City property. 10. This agreement is non-assignable by act of opera- tion of law except upon the prior written consent of the District. / , " , ¡ . . ~~ . g f i ~' " ...------.-------- .. ,_._,~-' / ' ~ ,:.,: :: ~ .' . 'i ' .' ~ " ;. "r ¡.t; 8. .' Î " .. :' .- ~ . . ': , IN WITNESS WHEREOF, the parties hereto have caused thi.~t~.' ii;'~- '~.L >-J:" ,'0- I agreement to be executed, the day and year fir~t-above vr1~ten. : \if~ , ~. -;"; APPROVED AS TO FORM: ARVIN-EDISON WATER ~~~.;~ ;~~;:¡ht'~:!i~ DISTRICT. -k .",' ....K~.,t : y<', ';':.:.:" " :: " , N ::~.:' ,,<' By By :'::¿l Young, Wooldridge, paulden, Farr &. Griffin By APPROVED AS TO FOR~: CITY OF BAKERSFIELD By City Attorney Mayor COUtJTERS IGNED: Assistant City Manager-Finance APPROVED BY UNITED STATZS OF AMERICA By . " Regional Director, , Mid-Pacific Region, ! Bureau of Reclamation ~. ~ Approved and consented to by the following tenant ~ claiming interest through City in the pr~erty descri~ in, I Exhibi t A. r GARY GARONE FARMS , :' .' 'e,:::' ,"; ~ ,',;,' ".:'",', '~. By , ,~ '-::, ~", ':"'"""',~J I,:,~:r "'1',f ~!::: ':, , ,I".. " ", ",,' . , . I : -',J , "':;1 AJS/bl Q. :, ;;"'¡',", ~I I . " . ". O' ' ~ .., ~ I CITY OF BAKERSFIELD PROPERTY DESCRIPTION OF MUNICIPAL FARMLANDS TO BE SERVICED SOUTH 0 F PANAMA ROAD All of Section 3, T 31 S, R 28E, M.D.M.. excepting those portions lying within Panama Road and DiGiorgio Road right of way; A portion of Section 4, T 31 S, R 28 E, M.D.M., described as follows: Beginning at the southeast corner of the north one-half of the north one-ha1f of the southeast one-quarter; thence west~r1y along the south line of said north one-half. a distance of 1659.2 feet. more or less. to a point in the meander line of the Kern River as shown on the Government Plat filed February 28. 1855 in the Surveyor General's Office. San Francisco. California; thence along said meander line the follo\-ling two (2) course. S 20° 151 W. a distance of 154.17 ft; S 45" 15' W, a distance of 1305.9 feet, more or Jess to a point in the west line of the east one-half of said Section 4; thence departing from said meander line northerly along last named west line a distance of 3042 feet, more or less, to a point in the north line of the south one-half of the northeast one-quarter of said Section 4; thence easterly along last named north line a distance of 2640 feet, more or less. to a point in the east line of said Section 4; thence, southerly along last named east line a distance of 1980 feet. lore or less. to the Point of Beginning; A portion of Section 9, T 31 S, R28 E, M.D.M., described as follows: Beginning at the intersection of the east line of Section 9 with the south line of the north 30 feet of said Section; thence southerly along last named east 1 ine a distance of 5220 feet. more or less, to a point in the north line of the south 30 feet of said Section 9; ~hence westerly along last named north line a distance of 3172 feet, more or less, to a point in said meander I ine of the Kern Riv~r; thence along said ~eanrler line the following two (2) courses; N 8" 001 W. a distance of 3368.71 feet; thence N 3° 151 E. a distance of 1883.95 feet, more or less, to a point in the south line of the north 30 feet of said Section 9; thence, departing from said meander line easterly along last named south 1 ine a di stance of 3535.7 feet. more or less, to the Point ' , of Beginning; ~ A11 of Section 15, T 31 S, R 28 ~, H.D.H.. excepting those portions lying ~, wi thin the Houghton Road and Adobe Road ri ~ht of way; r ,t The weist one-half of Section 23, T J,1 S. R 28 E, H.D.K., excepting that portion. [:, lying \lfithin Bear Mountain Bou1evard right of waY;l A11 of Sect ion 27, T 31 S, R 28 E, H.D.H.. except i ng that porti on lying within t, l' Be.ar ft,)untaln Bou1evard right of way. t Containing 2750 Acres. Hore or Less.,. \: ," . t. ., , ' ' . '" ." ...,.,.....' li'.j. .,,; <:,;;;:~";>,<;~l \, , " ~.'.I. " {'i '!J FXJ.fIRIT "'A~' . ":, J, "':\:~ \~ t ¡.~ '} <. ."'" "', i DOMESTIC WATER FUND UNDER NEW METHOD OF REFUND 2!% OVER 40 YEARS MAINLINE EXTENSION AGREEMENTS Agreement Number Water Tract or Refund of Boa rd Developer Parcel Map Actual Services Number Tenneco TR 4626 $ 40,416.69 75 Tenneco PM 6963 59,349.73 21 Tenneco TR 4639 81,132.05 88 Tenneco TR 4600 57,714.53 84 Tenneco TR 4568 41,890.76 62 Unit 2 TOTAL .................................. $280,5P3.76 j: Ii W.B. meeting 3-14-84 -..,. --. .