HomeMy WebLinkAbout12/12/84
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, AGENDA
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WATER BOARD - CITY OF BAKERSFIELD
WEDNESDAY, DECEMBER 12, 1984
12:00 P.M. - NOON
WATER RESOURCES DEPARTMENT CONFERENCE ROOM
Call meeting to order.
Roll call - Board Members: Barton, Chairman; Moore, Ratty.
1. Approve minutes of regular meeting held OctoJ>et.lO, 1984.
2. Scheduled public statements.
3. Correspondence..
4. Agreement for Transportation, Exchange of Water and System
Capacity between North Kern W.S.D. and Cawelo W.D. Since
this exchange agreement involves the use of the Beardsley
Canal, City Basic Contract water and North Kern W.S.D. use
of Kern River water, it will require City approval before
the agreement can be implemented. F.oR BOARD ACTION and
RECOMMENDATION TO THE CITY COUNCIL.
5. Proposed 5-year (1985-1989) agreement for the sale of City
Oilfield Discharge water to Cawelo Water District. FOR
BOARD ACTION and RECOMMENDATION TO THE CITY COm~CIL.
6. Proposed Weather Modification Agreement for City participation
in the 1984-85 cloud seeding operation on the Kern River
watershed. FOR BOARD CONSIDERATION.
7. Mainline Extension Agreement for Parcel Map No. 6772. FOR
BOARD INFORMATION.
8. Closed Session - Water matters regarding potential litigation.
9. Staff comments.
10. Board comments.
11. Adjournment.
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WATER BOARD - CITY OF BAKERSFIELD
WEDNESDAY, OCTOBER 10,1984
12:00 P.M. - NOON
The meeting was called to order by Chairman Barton in the
I Department of Water Resources Conference Room.
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\_- The secretary called the roll as follows:
Present: Barton (Chairman), Moore, Ratty
The minutes from the meeting of September 5,1984 were
approved as presented.
There were no public statements nor correspondence received.
Mr. Dow presented, for Board Action, the long-term "Spreading
and Extraction Agreement" between Kern County Water Agency
and City of Bakersfield that provides the terms and conditions
for Agency use of City's 2800-acre recharge facilities. Mr.
Dow asked that the Board adopt this agreement and refer to
City Council for approval. There was a motion by Mr. Moore to
adopt this agreement. Motion passed.
The next item of business was a letter agreement between Kern
County Water Agency and City of Bakersfield for water spread
by the Agency under the April 19, 1981 "Interim Spreading
Agreement." Again, Mr. Dow presented this before the Board
and asked that the Board approve and recommend that City Council
approve. A motion was made by Dr. Ratty for this approval.
¡ Motion passed.
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,-,-- An agreement was presented before the Board from Mr. Michael
R. Rector requesting an hourly rate increase for his services
as consulting Geologist for the City's Agricultural, Domestic,
Wastewater and Public Works Departments. Mr. Rector agreed
that if the charges for the City of Bakersfield would be $65.00
per hour and mileage would be 30ç per mile, there would be no
monthly retainer requirèd. Dr. Ratty made a motion for approval
of this agreement. Motion passed.
Mr. Bogart presented before the Board the request by Kern County
Water Agency (Optimization Committee) for City financial parti-
cip~tion ($250.00) to investigate the potential for importing
additional C.V.P. (Federal) water to Kern County. After some
discussion a motion was made by Mr. Moore to authorize this
$250.00 expenditure. Motion passed.
Mr. Dow presented, for Board information, a Mainline Extension
Agreement with Tenneco Realty Corporation for Tract No. 4465.
Adjourned to Closed Session. !
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Reopened to the public.
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! There were no Staff or Board comments.
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- The meeting adjourned at 1:07 p.m.
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C Board
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Carol agan
City of Bakersfield Water Board
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.' CITY OF' 1"
IB3AIKIEIRSIFITIE LID) CA LI Fa R N I A
DEPARTMENT OF WATER
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North Kern Water Storage District
P.o. Box 1195
Bakersfield, CA 93382
RE: Kern River Water Use
This letter is being written as a result of negotia-
tions between the City of Bakersfield ("City") and the
North Kern Water Storage District ("North Kern") regarding
the City's approval of an "Agreement for Transportation
of Water, Exchange of Water and System Capacity and for
Assignment of Capacity By and Between North Kern Water
Storage District and Cawe1o Water District," dated 9/13/84
(the "Exchange Agreement").
The City has expressed its concern that delivering
Kern River exchange water to Cawe1o Water District ("Cawelo")
pursuant to the Exchange Agreement could result in an
increase of use, above historical levels, of Kern River
water by North Kern pursuant to the "Agreement for Use
of Water Rights" between North Kern and Kern County Land
Company and others, dated January 1, 1952 (the "1952 Agree-
ment"). The rights of the Kern County Land Company under
the 1952 Agreement are now held by the City. The 1952
Agreement states: "Any and all waters diverted by the
District from the Kern River hereunder may be used within
the present boundaries of the District, but not elsewhere."
To avoid this unintended result, North Kern has agreed
that the diversion of Kern River water to Cawe1o under
the Exchange Agreement will be carried out in such a manner
that it will not result in increased use of water under
the 1952 Agreement by North Kern over that which has occurred
historically since 1952.
To carry out this commitment, North Kern has agreed
to a limit on its groundwater replenishment so that exchange
water de1iv~red to Cawe1o can be clearly identified as
"in lieu" of spreading and not in addition thereto.
326-3715
1501 TRUXTUN AVENUE . BAKERSFIELD, CALIFORNIA 93301 . ( 8 0 5 ) )6}t)lX~1(f(5
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North Kern Water Storage District
To this end, the parties have agreed to the following
North Kern flow utilization limits to be applied to all
North Kern spreading for groundwater replenishment from
any source, including but not limited to Kern River and
Poso Creek waters, on those days North Kern is delivering
Kern River exchange water to Cawelo pursuant to Section 2(b)
of the Exchange Agreement.
Month Average Daily
C.F.S.
Jan. 332
Feb. 349
Mar. 395
Apr. 364
May 375
Jun. 374
Jul. 286
Aug. 312
Sep. 346
Oct. 378
Nov. 351
Dec. 356
These figures are based on the maximum monthly amounts
historically spread by North Kern. It is understood that
these figures represent the adopted daily limit to be applied
to the use of all North Kern spreading water. The "Average
Daily C.F.S." figures above shall be reduced by that amount
of Poso Creek natural flow passing the measuring station
located in Section 6, T.27S., R.26E. (the easterly boundary
of North Kern), up to a maximum of 70 c.f.s. per day.
Whenever the sum of North Kern use of Kern River water
for spreading in District ponds and in the Poso Creek Channel
plus the exchange water being delivered to Cawelo Water
District exceeds the "Average Daily C.F.S." amounts listed
in the above table, adjusted for Poso Creek inflow, during
the exchange period, then the excess water diverted by
North Kern shall be calculated in acre feet and returned
to the City in Isabella Reservoir by a transfer on the
first day of the month following the exchange.
Each exchange period shall be dealt with discretely,
(i.e., calculations and resulting transfers, if any, shall
be made for each exchange period and shall not be calculated
cumulatively) and shall cover the period from the day that
delivery of exchange water to Cawelo is commenced to the
day it is terminated.
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North Kern Water Storage District
North Kern shall provide City, for each day of each
exchange period, all the required data relating to North
Kern's spreading operation.
It is recognized that these limitations may be subject
to being increased or decreased in the future if it is
demonstrated that the "Average Daily C.F.S." column requires
modification to coincide with the intent of the parties
that increased utilization of Kern River water by North
Kern will not result from the Cawe10 Exchange Agreement.
However, any adjustments made to the above "Average Daily
C.F.S." column shall be made only after mutual review and
the written consent of both the City and North Kern.
It is understood and agreed that the consummation
of this Letter Agreement is a prerequisite to the approval
by the City of the above-mentioned Cawe10 Exchange Agree-
mente
If the agreements set forth herein are consistent
with your understanding of the mutual commitments to be
made at this time, please so indicate by having this letter
executed by the President and Secretary of North Kern.
Very truly yours,
CITY OF BAKERSFIELD,
a Municipal Corporation
DATE: BY:
Mayor
ATTEST
Clerk of Council
APPROVED AS TO FORM:
City Attorney
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North Kern Water Storage District
The above letter correctly sets forth the agreements
of the parties and the commitments of the North Kern Water
Storage District. '
DATE: NORTH KERN WATER STORAGE DISTRICT
BY:
President
BY:
Secretary
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NORTH KERN WATER STORAGE DISTRICT
1415 -18th STREET, ROOM 705
BOX 1195
BAKERSFIELD, CALIFORNIA 93302
(805) 325.3116
December 3, 1984
Honorable James J. Barton
Chairman, Water Board
City of Bake~sfield
1501 Truxtun Avenue
Bakersfield, Ca. 93301
Re: Discussions R~garding Use of Isabella Water
Dear Mr. Barton:
As part of the staff discussions regarding the City's
approval of the North Kern/Cawelo Water Exchange Agreement
which permits North Kern to utilize Kern River water outside
its boundaries to implement its exchange with Cawelo, the
issue was raised as to the willingness of the North Kern
District to agree to the utilization of some portion of the
water stored in Isabella Reservoir within the City of
Bakersfield for purposes other than irrigation.
North Kern appreciates the cooperation of the city in
approving the North Kern/Cawe10 Exchange Agreement and
pledges its cooperation in meeting with the city and in
taking necessary action to determine the ramifications of
such non-irrigation use within the city on North Kern, if
any, and to work diligently and in good faith with the City
to identify and resolve any identified problems with the
purpose and intent of entering into a mutually acceptable
agreement on this subject. It is also our understanding
that the City is amenable to discussing with North Kern its
concerns regarding use of Kern River water and that the City
pledges to work diligently and in'good faith to resolve such
concerns.'
Please let us know when you would like to get together
to discuss these matters.
Very truly yours,
NORTH ;AT? 7r DISTRICT
By:
President
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JOSEPH WOOLDRIDGE' LAW OFFICES AREA CODE IB05)
A" CAMERON PAULDEN' YOUNG, WOOLDRIDGE, PAULDEN, SELF, FARR & GRIFFIN TELEPHONE 327-9661
ROBERT J. SELF' A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
G. NEIL FARR'
MICHAEL R" YOUNG' 1675 CHESTER AVENUE
DAVID GRIFFIN' FOURTH FLOOR
~:~L~;TWA"G~~~~T: 3AKERSFIELO, CALIFORNIA 93301-5298
~:~~~NW~ N~~;OLS' IÆ ~ ,1"Q fI"'iI- T1 "\fr ~JJfOF C;U~~~~G
LARRY R,'COX S t rob 21 1984 lW ~ IfJ.:.. It \\ J~E fj"R" HUGIE
PHILIP N" OFFICER ep e er , 1
LEON R" HARRIS III ../
SCOTT K" KUNEY SEP ( -,'
'A PROFESSIONAL CORPORATION 2 £:1 1984
ClïY 0;: Sf.'.iC::S:::::LD
DEPARTMENT Of V/.c,,:.. ,:::'.;).J:""C'~
Mr. Paul Dow, Director of Water Resources
Department of Water Resources
4101 Truxtun Avenue
Bakersfield, California 93301
Re: North - Cawe10 Agreement
Our File NK 10.9.1
Dear Paul:
Enclosed are three originals of the "AGREEMENT
FOR TRANSPORTATION OF WATER..." which have been signed
by North Kern Water Storage District and Cawelo Water
District. These agreements are the same as previously
transmitted to your office and reviewed by Stan Hatch,
except for the changes which the City requested as
shown on the copy transmitted by my letter of
September 12, 1984 and by other minor clarifications
described by my letters of September 14 and September 20,
1984, copies of which have previously been provided to
you.
We trust that this agreement will be approved by
the City as soon as North Kern provides a supplemental
letter, which I understand your office and Chuck have
been working on.
Thank you for your cooperation with this matter.
Very truly yours,
EAC:fg Ernest A. Conant
Encls.
cc: C. H. Williams
John L. Jones
Stanley C. Hatch
Alan Daniel
Stephen E. Wall
(All without enclosures)
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9/13/84
AGREEMENT FOR TRANSPORTATION OF WATER, EXCHANGE
OF WATER AND SYSTEM CAPACITY AND FOR
ASSIGNMENT OF CAPACITY BY AND BETWEEN
NORTH KERN WATER STORAGE DISTRICT
AND
CAWELO v-lATER DISTRICT'
THIS AGREEMENT is entered into on this day of
, 19 , by and between NORTH KERN WATER
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STORAGE DISTRICT, a California Water Storage District
(hereinafter "North Kern") on behalf of itself and for
JAMES-PIONEER IMPROVEMENT DISTRICT and ROSEDALE RANCH IMPROVEMENT
DISTRICT (hereinafter "Improvement Districts"), as the case may
be, and CAWELO WATER DISTRICT, a California Water District
(hereinafter "Cawelo"} , with the approval of the City of
Bakersfield (hereinafter "City").
RECITALS
(A) Water users in North Kern and Cawe10 obtain substantial
portions of their water supplies by pumping ground water from the
common ground wa ter supply of North Kern and some portion or all
of Cawe10, as the facts may be, in addition to surface water
deliveries from the systems of the Districts; and
(B) North Kern and Cawelo intend by this Agreement to
incorporate herein certain provisions and supersede other
provisions of the hereinafter defined 1972-74 Contract and a
Memorandum of understanding, dated Apr i1 18, 1978, and, as
contemplated in said Memorandum of Understanding, to provide a
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long-term agreement to effect transfers of system capacity, as
well as provide the means for temporary exchanges of water
supplies, all for the purpose of achieving the maximum benefit to
said common groundwater supply through the optimum utilization of
the facilities of both Districts and the water supplies available
to them.
(C) North Kern exclusive of its Improvement Districts owns
certain rights to the use of water of the Kern River and diverts
and conveys water from the Kern River through the Beardsley-Lerdo
Canal and Calloway Canal Systems; and
(D) Pursuant to a "CONTRACT BETWEEN KERN COUNTY WATER
AGENCY AND CAWELO WATER DISTRICT FOR A WATER SUPPLY", dated
September 28, 1972 (herein referred to as the "Agency-Cawe10
Contract"), Cawe10 holds contractual rights to delivery of water
from the State Water Project in annual amounts building up to
38,200 acre-feet per year of firm water and 6,800 acre-feet of
surplus water according to the schedule of annual entitlements
reproduced as Exhibit "A" hereof; and
(E) Cawe10, by virtue of its participation in the financing
and construction of the Cross Valley Canal under provisions of
"CONTRACT BETWEEN KERN COUNTY WATER AGENCY AND CAWELO WATER
DISTRICT FOR THE CONSTRUCTION AND OPERATION OF A CROSS VALLEY
CANAL AND EXTENSION", dated September 28, 1972, and Amendments
No. 1, 2 and 3 thereof (hereafter referred to as "Cawe10's Cross
Valley Canal Contract"), is the owner, as a participant, of 135
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cfs of the conveyance capacity of the Cross Valley Canal between
the Cross Valley Canal turnout from the California Aqueduct and
the Discharge of Pumping Plant No. 6 on said Canal, and is the
owner, as a participant, of 165 cfs of the capacity of the Cross
Valley Canal Extension, from Pumping Plant No. 6 discharge to the
intake of Cawelo's Pump Station II A" near the terminus of said
Cross Valley Canal. Further, as a participant, Cawelo has a
right to utilize the unused capacity in the Cross Valley Canal
under the conditions set forth in Cawe10's Cross Valley Canal
Contract; and
(F) North Kern, prior to its establishing of its
Improvement Districts, Cawe10 and the Kern River Canal and
Irrigating Company entered into a contract entitled "CONTRACT
AMONG CAWELO WATER DISTRICT, KERN RIVER CANAL AND IRRIGATING
COMPANY AND NORTH KERN WATER STORAGE DISTRICT FOR USE OF PORTIONS
OF BEARDSLEY AND LERDO CANALS ", dated December 21, 1972, and
Amendment No. 1 thereof, dated Apr il 18, 1974 (referred to herein
as the "1972-74 Cont~act"). As provided in said Contract, Cawelo
implemented construction measures and increased the conveyance
capacity of Beardsley Canal and Lerdo Canal between the discharge
of Pump Station "All on the Beardsley Canal and the intake to
Cawelo's Pump Station II B" on the Lerdo Canal for conveyance of
Cawelo's water from the State Water Project; and
(G) Cawelo caused to be constructed and continues to own
and operate said Pump Station "A" and its discharge conduit which
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have a design pumping and conveyance capacity of 165 cfs, and
which facilities deliver water into said Beardsley Canal
approximately 5.3 miles from the point where said Canal diverts
from the Kern River; and
(H) Ca\07elo caused to be constructed and continues to O\.¡n
and operate Pump Station IIBII, and proposes to construct and
operate additional pump stations, wh ich stations draw, or will
draw, water from the Lerdo Canal for Cawe1o's use; and
( I) Pursuant to an IIAGREEMENT BY AND BETWEEN CITY OF
BAKERSFIELD, CITY OF BAKERSFIELD \vATER FACILITIES CORPORATION,
TENNECO WEST, INC., KERN ISLAND WATER COMPANY, AND KERN RIVE R
CANAL AND IRRIGATING COMPANylI, dated April 12, 1976, among other
matters, the City became successor to the obligations and
interests of said Kern River Canal and Irrigating Company and
acquired ownership of the facilities of Kern River Canal and
Irrigating Company, (including said Beardsley Canal) and the
Central Division of the Calloway, Canal and further acquired
certain water rights in and to the Kern River; and
(J) Under an IIAGREEMENT FOR THE SALE OF KERN RIVER WATER
AND CANALS BY AND BET\1EEN CITY OF BAKERSFIELD AND NORTH KERN
WATER STORAGE DISTRICTII (Agreement No.76-89), dated May 27, 1976,
North Kern exclusive of its Improvement Districts has, among
other things, a contractual right to divert and use Kern River
water from the acquired water rights of the City in annual
amounts expected to average 20,000 acre-feet per year over the
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35-year term of the Agreement ending in the year 2012, and
acquired ownership and control of the Beardsley Canal subject to
the retained right of City to the use of 100 cfs of conveyance
capacity in said canal, and further, North Kern owns and operates
the Lerdo Canal; and
(K) Pursuant to an "AGREEMENT FOR THE SALE OF KERN RIVER
WATER BY AND BETWEEN CITY OF BAKERSFIELD AND CAWELO WATER
DISTRICT" (Agreement No. 76-62), dated ~1ay 28, 1976, Cawe10
acquired a contractual right to divert and use Kern River water
from the acquired water rights of the 'City in annual amounts
which are expected to average 27,000 acre-feet per year over the
35-year term of the Agreement ending in the year 2012; and
(L) North Kern, exclusive of its Improvement Districts, and
Cawe10 subsequently entered into a "MEMORANDUM OF UNDERSTANDING
BETWEEN CA\'lE LO WATER DISTRICT AND NORTH KERN WATER STORAGE
DISTRICT", dated April 18, 1978, approved by the City of
Bakersfield, the successor in interest to the Kern River Canal
and Irrigating Company, whereby Cawelo was permitted to construct
an 18-inch concrete curb and 1.5 foot embankment addition on each
side of the Beardsley Canal from the Manor Street crossing
upstream to the head of the concrete lined section of said canal
and it was further agreed that Cawelo anà North Kern would enter
into negotiations for a long-term agreement to provide certain
rights in favor of Cawelo for use of the improved Beardsley and
Lerdo Canals for transportation of Kern River water for use
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wi th in Cawe10 Water District; and as a result of these
. modifications, the nominal flow capacity of the Beardsley Canal
is considered to be 765 cfs between the head of the Beardsley
Canal lined section and Seventh Standard Road crossing and larger
rates of flow may be possible; and
(M) The nominal flow capacity of the Lerdo Canal is
considered to be 665 cfs between Seventh Standard Road crossing
and Cawe10's Pump Station "B", and larger rates of flow may be
possible.
AGREEMENT
1. Term: This Agreement shall become effective on the date
of execution and shall continue so long as the Agency-Cawelo
Contract, or any renewal or extension thereof, shall remain in
effect; and by mutual consent of the parties may be extended
beyond the term so provided.
2. Exchange of Water: In the interest of improving their
common ground water supply, Cawe10 and North Kern will endeavor
to exchange from their respective water supplies water that is
surplus to the needs of the other District on a continuing
operational basis, and to this end:
(a) Pursuant to the Agency - Cawelo Contract and the
City of Bakersfield - Cawe10 Agreement (No. 76-62), Cawelo will
place appropriate initial orders in each year for delivery of all
of the water available to Cawe 10 under said Contract and
Agreement for the coming year. If and as requested in writing by
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North Kern, and consistent with Cal¡lelo's diversions for its
lands, as reasonably estimated by Cawe10, Ca\le 10 will
subsequently revise said water. order in accordance with the water
scheduling procedures of the Kern County Water Agency and the
City of Bakersfield, and cause the ordered Cawe10 water as
hereinafter defined to be delivered into the Beardsley Canal.
(b) From North Kern's water supply available for
spreading during the current calendar year North Kern will
attempt to return water to Ca\ve 10, as requested by Cawelo, in
amounts equal to the amounts of Cawe10's water utilized by North-
Kern under 2(a) above; Prov id ed, however, water to be returned
to Cawe10 may be carried over under mutually agreeable terms and
conditions.
(c) To the extent Cawelo does not request return water
under 2(b) or North Kern is not able to deliver said water, North
Kern will pay Cawelo for water nOt retùrned as provided in
paragraph 6(a) of this Agreement.
(d) North Kern is also awa re of the "normal delivery
schedulell provision of the City of Bakersfield Agreement No.
76-62 with Cawe10 which may restrict the delivery of water from
the City to 90 cfs. North Kern also understands that with this
exchange Agreement, Cawe10 may be reduc ing its Cross Valley Canal
capacity allocation to 100 cfs, thereby possibly limiting the
delivery capability of Cawelo to 190 cfs. To alleviate this
problem, North Kern will endeavor to exchange water with Cawelo
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subject to the terms of this Agreement, provided capacity within
the Beardsley and Lerdo Canals is available.
3. Use of Cross Valley Canal and Extension Capacity by
North Kern: Subject to the provisions of Cawe1o's Cross Valley
Contract and for the consideration provided in paragraphs 6 and 8
hereof, Cawe10 hereby grants to North Kern the right to use under
the same conditions as if North Kern were a participant, 35/135
of Cawelo's capacity in the Cross Valley Canal from the State
Aqueduct turnout to the discharge of" Pumping Plant No. 6, and
35/165 of Cawelo's capacity in the Cross Valley Canal Extension
and in Pump Station "A" and its discharge facility to the
Beardsley Canal, together with the right to use any of Cawe1o's
unused right to use unused capacity in the Cross Valley Canal and
Extension at times and to the extent that Cawelo is not utilizing
such capacity.
4. Petmanént Use of Cross Valley Canal Extension Capacity
by North Kern: Subject to the provisions of Cawe1o's Cross
Valley Canal Contract and in consideration of payments provided
in paragraph 6(d) hereof, Cawelo grants to North Kern a permanent
r igh t in perpetuity to the use, under the same conditions as if
North Kern were a participant, of an additional 30/165 of
Cawelo's capacity in the Cross Valley Canal Extension from the
discharge of Pumping Plant No. 6 to and including Pump Station
II All and its discharge into the Beardsley Canal.
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5. Transportation of Cawelo's Water in Beardsley-Lerdo
Canal System:
(a) As formerly provided in the 1972-74 Contract and
the Memorandum of Understanding and for the consideration
provided in paragraphs 7 and 8 hereof, within the limits provided
herein any water arising under Agency - Cawelo Contract or
Cawe1o's Contract with the City (Agreement No. 76-62) ("Cawelo' s
Water") shall be delivered by North Kern, for use within Cawelo's
boundaries or for exchange hereunder through the Beardsley-Lerdo
Canal System from the Kern River or Conduit "A" to Pump Station
"B" up to the maximum flow capacity of 165 cfs.
Any capacity in the Beardsley and Lerdo Canals available for
transporting Cawe1o's Ci ty and Agency water may also be used for
the purpose of transporting water which Cawelo exchanges with
others so long as the following conditions are met:
(1). The exchange does not reduce the quantity of
water (exc1ud ing adjustments for losses) which is otherwise
available to be brought into the area under Cawelo's City and
Agency contracts; and
( 2). The substitute supply is available on
substantially same time schedule; and
( 3 ). The substitute supply is of at least the same
quality; and
( 4). The exchange is not otherwise detrimental to
North Kern's water supply or landowners. (Examples of such
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detriment include where the exchange water involves Kern River I
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water which advers1y affects North Kern's claimed First Point
rights, inc1ud ing its rights to Isabella storage, or Federal
water which would in any way subject North Kern or its landowners
to the provisions of Federal reclamation law.)
Any such exchange water meeting this criterion shall become
II Cawelo' s Wa terll within the meaning of this Agreement and will be
subject to paragraph 2 of this Agreement. The prov is ions of this
Agreement shall not affect or modify the discretion of the City
to approve or disapprove an exchange by Cawelo pursuant to the
terms of Agreement No. 76-62.
(b) Upon demonstration by Cawelo to North Kern's
satisfaction, and to the City's satisfaction in the case of the
Beardsley Canal, evidenced by the written approval of North Kern
and the City, when applicable, that:
1) The modified Beardsley. Canal is capable of
conveying up to 250 cfs in addition to the basic 600 cfs capacity
for North Kern and City of Bakersfield; and
2) The Lerdo Canal between Seventh Standard Road
and Cawe10's Pump Station IIBII is capable of conveying up to 250
cfs in addition to North Kern's basic capacity of 500 cfs; and
3) The Lerdo Canal between Pump Station II all and
the Famoso Highway is capable of conveying up to 60 cfs in
addition to North Kern's assumed basic capacity of 450 cfs; and
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4) That said additional conveyance capacities in
the applicable reaches can be sustained with no threat to the
security of the cana1¡
. Then the flow capacity mentioned in paragraph 5(a)
shall include up to an additional 85 cis (250 cis - 165 cis)
capacity in the Beards1ey-Lerdo Canal System from the Kern River
as far downstream as the intake of Cawe1o's Pump Station "B"
and/or up to 60 cfs of conveyance capacity of the Lerdo Canal
between Pump Station "B" and the Famoso Highway.
The conveyance capacities of the various reaches
of the Beardsley and Lerdo Canals shall be determined based upon
one foot of freeboard below the top of the cement curb for lined
canals and two feet for unlined canals, as measured from the
lowest point of the top of the canal curb or top of the ditch
bank to the water surface, as the case may be¡ Provided, however,
encroachment of such freeboard may be permitted from time to
time, in North Kern's sole discretion, as provided at Paragraph
17(d).
(c) Subject to the written approval of North Kern,
Cawelo shall have the right at any time to design and cause to be
contructed or implemented at its sole expense any measures
necessary to achieve the maximum conveyance capacity objectives
stated in paragraph 5(b) hereof, in \'lh ich case the maximum flow
capacities mentioned in paragraph 5(a) shall be increased by the
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additional capacity that is demonstrated to the satisfaction of
North Kern and approved by it in writing.
(d) It is agreed, however, in the event that Cawelo is
unable to prov ide North Kern with the written assurance required
under paragraphs IO(a) and 10(b) hereof or should North Kern be
required to pay any charge not borne by a Cross Valley Canal
participant for North Kern's use of the Cross Valley Canal, as
provided in paragraphs 3 and 4, Cawelo's . right to capacity in the
Beardsley and Lerdo Canals hereunder shall be limited to 165 cfs,
as provided in subparagraph Sea) and subparagraphs S(b) and (c)
shall be void; Provided, however, Cawe10 retains whatever right
it now has for use of the Beardsley Canal easterly of Mannor
Street to the Kern River, if any.
(e) Upon establishing additional capacity for the use
of Cawe10 as provided in subparagraphs (b) or (c) hereof, Cawelo
shall have the. right to construct, at its sole cost and expense,
additional pumping stations to make use of said capacity for the
purposes set forth in this Agreement, at such places, and in
accordance with plans and specifications, including timing of
construction, as North Kern in its discretion shall approve in
writing. North Kern's approval shall be conditioned upon Cawe10
agreeing to pay North Kern's costs arising from its review and
approval of the plans and specifications and the work to be
performed thereunder. Except for the location of an additional
pumping plant in the area of the intersection of the Lerdo Canal
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and Famoso Highway, the location of any additional pumping
facilities shall be at the sole discretion of North Kern.
6. Payments to Cawelo. At such times as are established
pursuant to paragraph 9, North Kern shall pay to Cawelo th_e
following:
(a) For water surplus to Cawelo's conveyance and
diversion requirements delivered into North Kern's canal
facilities and not returned to Cawe10 in that calendar year, as
provided in paragraph 2 hereof, a price per acre-foot equal to
Cawelo's cost per acre-foot of the water delivered to North Kern.
For clarification, in the case the water delivered to North Kern
arose from the Agency - Cawelo Contract, North Kern shall pay the
additional cost that Cawelo incurred as a result of ordering the
water which was delivered to North Kern.
(b) For Cawe1o's costs as a participant of operation,
maintenance, capital improvements (provided North Kern receives" a
proportionate share of any increased capacity resulting
therefrom, the same as a participant) and replacements in Cross
Valley Canal:
(1) 35/135 of Kern County Water Agency's charges
to Cawelo for operation, maintenance, capital improvements,
replacement, and standby power on the Cross Valley Canal from the
Aqueduct turnout to and including Pumping Plant No. 6;
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(2) 65/165 of Kern County Water Agency's charges
for operation, maintenance, capital improvements, replacements
and standby power on the Cross Valley Canal Extension from the
discharge of Pumping Plant No. 6 to the intake of Cawelo's Pump
Station "A". Provided, however, that if and to the extent that
this payment obligation is billed by Kern County Water Agency
directly to, and paid by, North Kern, the requirement of this
subparagraph shall have no force and effect; and
( 3) Operation, maintenance, capital improvements,
replacement and standby power costs for the portion of Cawelo's
unused capacity (including Cawelo's use of unused capacity of
other participants) used by North Kern based upon the ratio of
the number of cfs-days of North Kern's use to the total number of
cfs-days of Cawelo's unused capacity;
(c) 65/165 of Cawe10's costs of operation,
maintenance, capital improvements, replacements, and standby
power for said Pump Station "A" and conduit plus payments for
North Kern's additional use of Cawe1o's unused capacity in said
facilities computed in the same manner as provided in paragraph
6(b)(3).
(d)' For the permanent rights acquired pursuant to
paragraph 4 in perpetuity of the use of 30/165 of Cawelo's
capacity in the Cross Valley Canal Extension from the discharge
of Pumping Plant No. 6 to and including Pump Station II A" and its
discharge into the Beardsley Canal, a total payment of
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11. Seepage Losses: It is hereby agreed that additional
seepage resulting from the transportation of Cawe10's water in
the Beardsley Canal as herein provided is two acre-feet per day
for each day of transportation of Cawe10's water regardless of
the \>1 a ter source. Additional seepage resulting from
transportation of Cawe1o's water in the Lerdo Canal shall be
calculated as one percent of all Cawe10 water diverted into Pump
Station "B" plus two percent of all Cawelo water passing Pump
Station "B". The calculated amount shall be accounted for as a
daily deduction from Cawe10's diversion into Pump Station "B" or
in any other manner as mutually determined by the managers of the
parties hereto.
Seepage losses within the Cross Valley Canal
charged to Cawe10 shall be apportioned to North Kern by the ratio
of use or allocation, whichever applies. Any water transported
for 'North Kern through the CVC, Pump Station "A" and Conduit "A"
as a result of this Agreement shall suffer its O\'Tn seepage
losses.
12. Ownership and Use of North Kern Facilites:
(a) All structures, facilities and equipment
constructed or installed in the Beardsley Canal and Lerdo Canal,
except facilities constructed by Cawelo to introduce or withdraw
water from said canals, shall be the property of North Kern,
exclusive of its Improvement Districts, but Cawelo shall have the
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right to have Cawelo's Water or exchanged for water pursuant to
paragraph 5(a) hereinabove, transported through said facilities
as provided for in this Agreement.
(b) Nothing in this Agreement shall in any way reduce
North Kern's or City's ownership in the Beardsley Canal, or North
Kern's ownership in the Beards1ey-Lerdo Canal System, or North
Kern's right to the beneficial use of its water supply as it
deems appropriate in its sole discretion, as the same existed
prior to the execution of this Agreement nor their right at all
times to the first use of at least 600 cfs (including City's
capacity right to 100 cfs) in the Beardsley Canal, 500 cfs in the
Lerdo Canal between Seventh Standard Road and Cawelo's Pump
Station "B" and assumed 450 cis between Pump Station "B" and
Famoso Highway.
13. Water Quality: North Kern hereby makes no warranty,
expressed or implied as to the quality of the water flowing in
the District's system at any time. Each District ag rees to
indemnify and hold harmless the other parties and their
respective officers, agents and employees against any loss,
damage, liability, claims or causes of action of every nature
whatsoever resulting from or arising out of or in connection with
the quality of water transported through North Kern's facilities
and put to beneficial use within said District.
Cawelo hereby makes no warranty, expressed or imp1 ied ,
as to the quality of the water discharged into the Beardsley and
Lerdo Canals as obtained under the Aqency-Cal¡le 10 and City-Cawelo
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Agreements. Cawe10 will do nothing to modify the quality of
Cawe10's Water available under its said contracts with the Kern
County Water Agency and the City of Bakersfield, and will
exercise all the rights it has under said contracts to assure
that the waters available under these contracts are of the
quality contemplated in said contracts as they exist on December
31, 1983.
14. Poso Creek Water Rights: North Kern, exclusive of its
Improvement Districts, and Cawelo shall execute concurrently with
this Agreement a separate Agreement respecting their use of the
water of Poso Creek.
15. Indemnification:
(a) North Kern and its agents and employees, including
the City of Bakersfield, shall operate North Kern facilities in
accordance with this Agreement, including all of its improved
facilities; Provided, however, Cawelo agrees to indemnify and
hold harmless North Kern, its Improvement Districts and the City
and their respective officers, agents and employees, and each of
them, against any loss, damage, liability, claims or causes of
action of every nature whatsoever resulting from or arising out
of or in connection with the failure to deliver Cawe10 water to
its facilities.
(b) In connection with North Kern's use of Cawe10's
Pump Station "A" and discharge into the Beardsley Canal as
provided for by this Agreement, North Kern agrees to indemnify
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and hold harmless Cawe10 and its respective officers, agents and
employees, and each of them, against any loss, damage, liability,
claims or causes of action of every nature whatsoever resulting
from or arising out of or in connection with the failure to
deliver water to North Kern's faci1ites.
(c) Cawelo agrees to indemnify and hold harmless North
Kern, its Improvement Districts and City and their respective
officers, agents and employees, and each of them, against any
loss, damage, liability, claims or causes of ac t ion of every
nature whatsoever resulting from or arising out of or in
connection with the enlargement of portions of the
Beards1ey-Lerdo Canal System or installation of additional
pumping stations as provided in paragraphs 5(c) and (e) hereof.
(d) Neither North Kern, its Improvement Districts, the
City nor any of their respective officers, agents or employees,
or any of them, shall be liable for the control, carriage,
handling, use, disposal or distribution of water delivered to or
for Cawelo pursuant to this Contract after such water has been
delivered into its Pump Station "B" or any additional pump
station, as the case may be, nor shall they be liable for any
claim or damages of any nature whatsoever, including but not
limited to property damage, personal injury, or death, arising
out of or connected with the control, carriage, ha,ndl ing, use,
disposal or distribution of such water beyond delivery to said
pump station(s) and Cawe10 shall indemnify and hold harmless
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North Kern, and its Improvement Districts and the City and their
respective officers, agents and employees, and each of them, from
any such damages or claims of damages.
(e) North Kern, Rosedale Ranch Improvement District
and Ca'V/elo shall contribute to any loss, damage, liability,
claims or causes of action of every nature whatsoever which are
not covered by, or is beyond the limits of, North Kern's
insurance policy, in proportion to the quantity of their
respective 'VIa ter supplies to the total quantity of water which
was being transported in that portion of the Beardsley-Lerdo
Canal System at the time and place of the occurrence.
(f) If it is determined that the provisions of Chapte r
;
21 (commenc ing with Section 895) Part 2, Division 3.6, Title 1 of
the GovernITIent Code is applicable to this Agreement, provisions
of this paragraph are intended to establish the contributions and
indemnifications authorized by Section 895.4 of said Code and is
in lieu of the provisions of Section 896.5 of said Code.
16. Insurance: North Kern and Cawelo will each obtain such
insurance as it deems appropriate to protec t its ovm interest in
the use and transportation of the subject water and will name the
other party and its officers, agents and employees and the City
as additional insureds.
17. Interpretation:
(a) Article and section head ings used herein are for
the convenience of the parties only and have no other meaning,
force or effect.
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(b) Where the terms of this Agreement provide for
action to be based upon the opinion or determination of either
party hereto or the City, whether or not stated to be conclusive,
said terms shall not be construed as permitting such action to be
predicated upon arbitrary, capricious, or unreasonable opinions
or determinations.
(c) If any matter essential to this Agreement is left
to the future determination of the parties hereto, each party is
required to accept a reasonable determination as herein provided;
Provided, however, notwithstanding any other provisions of this
Agreement, North Kern and the -City reserve their respective
unrestricted rights to the use of the first 600 cfs of the
Beardsley Canal, the first 500 cfs in the Lerdo Canal between
Seventh Standard Road and Pump Station "B" and assumed 450 cis
between Pump Station "B" and the Famoso Highway. It is
recognized that, this Agreement. is bebleen two public. bodies
concerned with an extensive water serv ice project in the public
interest, which involves the long-term and historical use of
vital natural resource. In the unlikely event that said entities
are unable to agree upon a reasonable and equitable solution to
matters left to future determination, the matter shall be
submitted to and determined by a court of competent jurisdiction.
(d) Notwithstanding parag raphs l7(b) and (c), the
matters mentioned in paragraphs 5 and 12 hereof shall be
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determined by North Kern in its sole, absolute, uncontro11eò
discretion.
(e) The part ies are equally responsible for authorship
of this Agreement and section 1654 of the Civil Code has no
application to the interpretation hereof.
( f) Nothing contained in the Agreement shall be
interpreted as modifying the term or the terms and conditions of
any agreements between the City and its predecessors in interest
and North Kern or Cawe10, including, but not limited to, the
"AGREEMENT FOR USE OF WATER RIGHTS" between North Kern and Kern
County Land Company and others, dated January 1, 1952, Agreement
No. 76-62 and Agreement No. 76-89, except as expressly provided
in paragraph 24 of this Agreement reg ard ing the supersession of
the 1972-74 Agreement and the April 18, 1978 Memorandum of
Understanding.
18. Litigation: In the event of any litigation among the
parties hereto in connection with interpretation, performance or
enforcement of this Agreement, the prevailing party or parties in
such litigation shall be entitled to be reimbursed by the other
party or parties thereto for all costs of the litigation,
including but not limited to court costs, time and expenses of
personnel, attorney's fees, experts fees and costs and the like;
provided, however, that such litigation costs to be reimbursed
shall not exceed such amount as the court in which the litigation
I
occurs shall determine to be reasonable. !
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19. Notices: Any notice which may be given by any party to
the other pursuant, or with respect to, this Agreement shall be
deemed to have been properly given when sent in writing by
certified or registered mail addressed to such party at the
address set opposite its signature hereto. Such notices may also
be given, subject to proof of receipt thereof, by other means of
communication. Any party may change its address for such
purposes by giving the other parties written notice of its new
address.
20. Assignments: This Agreement shall bind and inure to
the benefit of the respective successors and assigns of the
parties hereto and the City. Neither party nor the City shall
have the right to assign this Agreement or any part thereof,
either voluntarily or by operation of law, without the prior
written consent of the other party, and the City, and any such
assignment or attempted ass ignment without such consent shall at
the option of the other party or the City be null and void;
provided, however, except as to a proposed assignment by Cawe10
to an area beyond its boundaries as they presently exist of less
beneficial impact upon groundwater conditions in North Kern, that
any such consent if requested shall not be unreasonably withheld.
21. Access: Ca""elo agrees that the inlet and outlet
facilities constructed by Cawe10 within the Beardsley and Lerdo
Canals shall be constructed in such fashion that there will be no
interference with right of access along said existing canals.
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With approval of North Kern, Cawelo may provide substituted
access.
22. Records: Each District and the City shall have access
to such records of the other as necessary to the performance of
this Agreement, together with the right to inspect and receive
copies of all charts, records and other pertinent documents
necessary to the performance of this Agreement.
23. Default: If any party shall fail to perform or observe
any provision hereof required to be performed or observed by it
hereunder, and such failure shall continue for ninety (90) days
after written notice thereof from any other party or parties
hereto, then in addition to all other rights and remedies
available to it or them, the party or parties giving such notice
may at its or their option suspend or terminate this Agreement.
24. 1972-74 Contract: The parties ag ree that the 1972-74
Contract and the above referenced Memorandum of Understanding,
dated April 18, 1978, are hereby superseded as if the same did
not exist; Provided, however, in the event this Agreement is
terminated pursuant to parag raph 23 hereof, the 1972-74 Contract
and said Memorandum of Understanding shall again become effective
and binding on the parties hereto.
25. Validation: Promptly after the execution and delivery
of this Contract, Cawe10 shall file and diligently prosecute to a
final decree in a court of competent jurisdiction a val idat ion
proceeding pursuant to Chapter 9 (commencing with Section 860),
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Title 10, Part II of the Code of Civil Procedure for the judicial
examination, approval and confirmation of the proceedings of
Ca\'le10 leading up to and including the making of this Contract
and the validity of the provision thereof.
26. Miscellaneous: Recognizing, that as part of their
projects, Cawelo has possessory interests in facilities within
North Kern and North Kern owns and has easements across lands
within Cawe10, it is agreed that neither District shall levy any
tax, assessment or charge relating to property interests
(including possessory interests) within the boundaries of the
other, except as may be otherwise provided herein.
This Agreement is entered into, executed and to be preformed
within Kern County, California, and shall be so interpreted.
EXCUTED in S counterparts in Bakersfield, California, as
of the day and year first ,above written.
CAWELO WATER DISTRICT
BY DATE, -fo/*Ú{ ¡If,,- Â.5 1fI¡f--
BY
It s "'-4f it 1jfl4- -riCl?j¡ 7-
Address: 1415 - 18th Street, Room 305
Bakersfield, California 93301
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NORTH KERN WATER STORAGE DISTRICT
ON BEHALF OF ITSELF
AND
JAMES-PIONEER IMPROVEMENT DISTRICT
AND
ROSEDALE RANCH IMPROVEMENT DISTRICT
BY A f: £ DATE 9- ",j-ty
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Address: ~ ~,\
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APPROVED:
CITY OF BAKERSFIELD
BY DATE
Its
Address: 1501 Truxtun Avenue
Bakersfield, California 93301
ND #13
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AGREEMENT NO.
AGREEMENT FOR SALE OF NON-KERN RIVER WATER
(OILFIELD DISCHARGE WATER)
THIS AGREEMENT, made and entered into this day I
of , 1984, by the City of Bakersfield, a municipal
corporation existing under the laws of the State of California,
(City), and Cawelo Water District, a California Water District
(Cawe10) .
RECITALS
1. The Cawe10 Water District is interested in entering
a long-term agreement with the City of Bakersfield regarding the
purchase of certain non-Kern River waters (oilfield discharge)
that accrue to the City via the Beardsley Canal, and the City is
willing to sell these waters to Cawe10 Water District throughout
the term of this Agreement, subject to the conditions contained
herein.
2. Oilfield discharge water is recovered as part of
oil recovery operations including steaming of wells and the
production of water found in the strata that produce the oil.
Oilfield discharge water is not as high in quality as Kern
River water.
3. Chevron Oil Company, Getty Oil Company, and Tenneco
Oil Company discharge water from oilfield recovery operations
into the Beardsley Canal.
4. Oilfield discharge water is not consistently
available because the amount available depends on uncertain
oilfield operations over which City, has no contro11 and from
time to time no water is available.
5. Oilfield discharge water is metered at the water
treatment facilities of each oil company that provides discharge
water.
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6. City desires that all the water possible remain
within the Kern County groundwater basin to increase the amount
of water available for use within the basin. Both parties agree
that any movement of water which decreases the total amount of
water available to the Kern County water basin is undesirable.
AGREEMENT
7. Term. The term of this Agreement shall be for the
period of March 1, 1985, through December 31,1989. The current
non-Kern River water sale Agreement between Cawelo and City dated
October 19, 1984, shall remain in effect through February 28,1985.
8. Purchase price. The purchase price for this oilfield
discharge water supply shall be set by the City from year to
year, based on then existing conditions and water supplies. Upon
learning the price of the water for that year, Cawelo will have
the option of accepting or rejecting any oilfield discharge water
offered under this Agreement.
9. Priority position. Cawelo shall, at all times
throughout the term of this Agreement, have a second priority
position, after the City's Kern River Canal and Irrigating
Company (K.R.C.&I. Co.) to purchase the oilfield discharge water
supply referred to in this Agreement. City shall determine if
any oilfield discharge water is required for K.R.C.&I. Co. Only
if any available oilfield discharge water is not needed by K.R.C.&I.
Co. will the City offer oilfield discharge water to Cawelo.
10. Hold harmless and indemnify. Cawelo shall indemnify
and hold City harmless from all loss and liability, including
attorneys I fees, court costs, and all other litigation expenses
arising from the sale or use of the oilfield discharge water to
Cawelo. City makes no guarantees or claims whatsoever as to the
quality or daily quantities of this water supply.
11. A non-Kern River water supply. The water supply
referred to herein will not be chargeable to Cawelo as "Basic
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Contract" or "Hiscellaneous Quantity" water, but as a non-Kern
River (oilfield discharge) supply for diversion on an "as
available" basis only.
12. Delivery point. The delivery point for this water
supply shall be the terminus of the Beardsley Canal (7th Standard
Road). Rates of flow will be as mutually agreed upon. Any
transportation or wheeling costs associated with Cawelo's use of
the Lerdo Canal are the sole responsibility of Cawelo, and it is
Cawelo's sole responsibility to arrange for and to be responsible
for, any losses or transportation cost that may occur with North
Kern Water Storage District as a result of this Agreement.
13. Payment. City will invoice Cawelo monthly for
water delivered under this Agreement and charges will be payable
to City within thirty (30) days of receipt of City's invoice.
14. Nonassignment or transfer. Cawelo shall not assign,
transfer, or attempt to resell this right to use oilfield discharge
water to any other district or entity without the prior written
consent of City, which consent shall not be unreasonably withheld.
Cawelo shall supply to City any reasonable information City shall
request regarding Cawelo's intention to assign, transfer, or resell
the water referred to in this Agreement. Cawelo understands and
agrees that this information is necessary so City can make an
informed decision concerning City's approval of any attempted
assignment, transfer or sale of water.
15. Termination. This non-Kern River water sale
Agreement may be terminated by either party upon thirty (30)
days written notice without liability or obligation to either
party.
16. Attorneys I fees. In any action to enforce the
terms of this Agreement, the prevailing party shall be entitled
to recover its attorneys I fees and court costs and other non-
reimbursable litigation expenses, such as expert witness fees
and investigation expenses.
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17. Merger and modification. This contract sets
forth the entire agreement between the parties, and supersedes
all other oral or written provisions. This contract may be
modified or terminated only in a writing signed by all parties.
18. Notice. All notices relative to this contract
shall'be in writing and sent by United States Mail, postage
prepaid, addressed to the party intended at his address set
forth below, or at any other address as that party may designate
by notice to the others:
City of Bakersfield
Department of Water Resources
4101 Truxtun Avenue
Bakersfie~d, California, 93301
Cawelo Water District
1601 IIFII Street, Suite 2
Bakersfield, California, 93301
19. Additional insured. The City shall be added as
an additional. insured on Cawe10's insurance policies covering
any liability that may result from City's delivery and Cawelo's
use of oilfield discharge water.
20. Waiver of default. In the event a default under
this Agreement by any party, and if such default is waived by the
other party, such waiver shall not constitute a waiver of any
subsequent defaults by either party, and shall not serve to vary
the terms of this Agreement.
21. Headings. All paragraph or section captions are
for reference only, and shall not be considered in construing
this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
CITY OF BAKERSFIELD, a
municipal corporation
By
Mayor
ATTEST:
Clerk of the Council
APPROVED AS TO FORM:
By
City Attorney
CAWELO WATER DISTRICT
By
Agreement No.
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NORTH KERN WATER STORAGE DISTRICT
1415 -18th STREET, ROOM 705
BOX 1195
BAKERSFIELD, CALIFORNIA 93302
(805) 325-3116
October 25, 1984
Mr. Paul Dow
City of Bakersfield
Department of Water Resources
1501 Truxtun Avenue
Bakersfield, California 93301
REI Cloud Seeding - 1984/85
Dear Paul:
Attached is a copy of the 1984/85 Contract with Atmospherics,
Inc. which we anticipate will be executed soon after approval
by the four parties.
This year, Atmospherics has built in a base plus flight hours
which is a result of Russell's suggestion. The base is
$74,800.00 in contrast to the total 1983/84 program cost of
$82,400.00. The "normal" flight hours expected are 60 and at
the rate of $158.00 adds $9,480.00 to the $74,800.00 for a
1984/85 "normal" total of $84,280.00.
As before, the insurance adds another $4,800.00 to $5,500.00.
Therefore, the rough total program cost is $90,000.00. The
City's share is 25% or $22,500.00 which will be billed per the
contract schedule.
Thanks for your assistance and if you have any questions,
please let me know.
Very Truly Yours,
~\4hJ~'~
C. H. Williams
Engineer-Manager
attachment
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I :1 j, CONTRACT TO CARRY OUT AND SUPERVISE
, . ¡ ~ \ i. II KERN RIVER WE~THER MODIFICATION PROGRAM I
I': I " I . II
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¡¡::!I Ii ìThis çontract entered into this day of ,1984, by and
::\::1, betwee~ the'NORTH KERN WATER STORAGE DISTRICT, a Water Storage District
II:: ¡I, organi~ed and ¡existing under and by virtue of Divis,ion 14 of the California,
'¡ '\ ¡Water Code, hereinafter referred to as the "Di str iet", and ATMOSPHER ICS '
!I I 'INCORPqRATED,! a California corporation,1 hereinafter referred to as the
" \ "c t t " I:
,I :"onr,l~cor. "il'~
'I I : i i' I I
, ,:1; 'i WITNESSETH:
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 #11), which authorizes
the District to conduct a Weather Resource Management Program (hereinafter
re~erre!d to a~ the "program"); and;
¡ 'I' ! WHEREAS~ the Contractor has on its staff weather resource managanent
licensees and other professionals necessary to carry out and supervise the
I ' Program, and has at its di sposal equipment to carry out the Program.
I I I I "
I ,I i ' , ' ~OW, THEREFORE, IT IS Jl6REED as follows:
I' I
i 1. Contractor shall engage'in artificial cloud nucleation operations
, during the tenn 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 purpose of this cloud
'necleation operat ion is to increase precipitation within the target area.
2. The term of this contract shall cover one seasonal operational period
: and shall commence December 1, 1984 and end April 30, 1985 unless mutually
lextend~d.
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! 3. The Contractor shall furnish and have available for use during the
operational period the following equipment and personnel:
a. The Contractor agrees to have available on a 24 hour-a-day
! 7-day-per-week basis the services of a competent staff to furnish
: full meteorological data.
b. A complete radar systan of the type designed to track precipitation
areas within storms will be located in the vicinity of Portervi11e,
California, and shall be 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 phases of the field
program.
d. Telephone and power facilities will be maintained at the location of
the radar sys tan.
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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 equip11ent designed to
furnish permanent records of the various phases of the Program.
These phorographs will be used to study and analyze various storm
situations and will be made available to the District upon request.
g. A cloud seeding aircraft will be based at the Porterville Municipal
Airport. This aircraft will be equipped for all-weather flying. It
will be further eq uipped with fac 11 it ies for di spensi ng both dry ice
,< and silver iodide for use in cloud seeding activities thr~ugho~ 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
licensed by the said Federal Aviation Administration.
duly licensed 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.
1. Contractor will furnish the following personnel who will be
stationed within or near the project:
(1) One radar meteorologist,
(2) One instrument rated pilot meteorologist,
(3) One radar technician, and
(4) One field serviceman and equi¡:xnent technician.
Thomas J. Henderson shall supervise the Program.
4. 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 fi led by the Contractor and Di str ict 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
payments delineated below. With respect to the above referenced insur~ce"
policies, the contractor shall deposit certificates of insurance with the
District prior to the commencement of the operational period reflecting the
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existence of the required insurance. The certificates of insurance for the
canprehensive publ ic 1 iabil ity and property damage insurance and the aviation
bodily injury and property damage liability insuran¿e 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
anployees. as additionally named insureds. Parties require ð thirty (30) day
notice of cancellation. " (
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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.
8. Contractor agrees to be bound by the laws of the State of California
and the Federal Government particularly with respect to cloud nucleation
operations, and that prior to conmencing the operation under the contract for
the District, the Contractor shall have in force all necessary licenses and
permits from the State of California to so operate.
9. This contract may be cancelled by the District upon five (5) days
written notice, sent by mail to the principal office of the Contractor, upon the
occurrence of anyone of the following contingencies:
(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 a part 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.
(b) The passage of any overriding legislation by the State of California
which shall outlaw, 1 imit, 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 already
performed 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 porti'on 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
I in the amount of $130.00 for each day of the suspension.
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111. District agrees to pay to the Contractor for the serv,ices rendered,
I as outlined in this contract, the total sum of Seventy Four Thousand Eight
: Hundr~d Dollars ($74,800.00), plus an amount of OnejHundred Fifty Ei,ght Dollars
\ (S15S¡00) per hour of aircraft seeding fl ight time tn payments as set forth
,below; It is understood and agreed that this sum includes the total fees for I
~all aircraft fl ights and evaluations of the program, except as provided at f
Paragraph 6 above. District further agrees to pay the Contractor for the,
services rendered during the month of May, 1985, as this contract may be
i mutually extended as provided in ,Section 2 above by notice not later than April
20, 1985. ' 'I
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! i12. Schedule of payments. Operations
5 months
MONTH - 1984/85 Dec - Apr
December 1, 1984 $ 18,000.
January 1,1985 16,000. + December flight time
February 1,1985 16,000. + January flight time
March I, 1985 9,000. + February flight time
April 1, 1985 9,000. + March flight time ~
May 1, 1985 * 6,800. + April fl ight time
TOTAL: $ 74,800.
* If mutually agreed to extend the Program to include the month of May,
the cost will be increased by $4,500 plus aircraft seeding flight time.
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
ma i 1.
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IN WITNESS WHEREOF, the parties hereto have executed this contract in
duplicate the day and year first hereinabove written.
Address: NORTH KERN WATER STORAGE OJ STR JCT
1415 18th St., Suite 705
Bakersfield, California 93301 By
President
By
Secretary
Address: AlMOSPHER ICS IN CORPORATE 0
5652 East Dayton Avenue BY~~~
Fresno, California 93727
Pre nt
By ÁÎ~¿t-.-!~~J? (}¿1W¿""-:,{
. Secretary
(SEAL)
:
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. .' ;" , Revised 5-83 I
,",~ . .'. :, Subdivider Installation
Form No.1 I
MLE CONTRACT 84-08
PM 6722/AFE 90361
AGREEMEN'r I
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THIS AGREEMENT, made a~d entered into this day of
, 19 , by and between the person or persons listed
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in paragraph 1 hereof, hereinafter collectively referred to as
"Applicant," and CITY OF BAKERSFI~LD, a municipal corporation, here-
inafter referred to as "City."
WIT N E SSE T H:
WHEREAS, the Applicant is the developer of that certain sub-
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division of real property situate, laying and being in the County
of Kern, State of California, wh+ch is known as PM 6722 in
accordance with the map therof fi¡ed in the Office of the County
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Recorder of said County on the day of 19 ,
in Volume of Maps at Page and, and which is
hereinafter referred to as the "Subdivision"- and
W EREAS, Applicant is now selling or proposes in the near future
to sell lots in the Subdivision and/or Parcel Map and to this end de-
sires to have water service available in the Subdivision and/or Parcel
Map through, and by means of Inains and appur~enances, and by services
(including serv,ice pipes, f i t,ting s, gates and housings thereof, and
meter boxes), hereinafter referred to as the "Facilities," to be in-
stalled therein substantially as ~hown on that certain map prepared
by Applicant attached hereto, marked Exhibit "~", and by this reference
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made a part hereof; and
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WHEREAS, the .installation of the Facilities and the furnishing
of water service by means thereof are necessary and valuable adjuncts
to the sale of lots in the Subqivision, and will materially increase
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the value of said lots; and
WHEREAS, upon the terms and conditions herein set forth, Applicant
is willing to install the. Facilities, or cause the same to be installed,
at its own expense, all in accordance with the provisions hereinafter
set forth; and
WHEREAS, upop the terms and conditions herein set forth, City is
willing to acquire the Facilities and is willing to furnish water service
in the Subdivision and/or Parcel Map through and by means thereof at the
rates and in accordance with the rules of City now in force or that may
from time to time be lawfully established.
NOW, THEREFORE, for and in consideration of the premises and of
the mutual covenants, agreements, terms and provisions herein contained,
it is agreed' as follows, to wit:
1. Applicant. ¡ The names, addresses and descriptions of the person
or persons herein collectively r~ferred to as "Applicant" are as follows:
Name Address Descriptio~
Tenneco Realty Development Corp. P. O. Box 9380
Bakersfield, CA 93389-9380
2. Applicable Rule. This agreement is entered into pursuant to
the requirements and in acc9rdance with the form of agreement and the
various applicable provisions of City's Main Extension Rule,' as
amended, hereinafter referred to as the "Rule", in effect and on file
with the City; a copy of the Rule is attached hereto, marked Exhibit
,
"B" and by this reference made a part hereof. This agreement does not,
therefore, require specific authorization of said City to carry out
its terms and conditions.
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3. Applicant's Deposit~ City's cost relative to preparing or
reviewing plans, specifications and cost estimates for the Facilities
is $ N/A and City's cost in supervising and inspecting in-
stallation of the Facilities is $ 1,406.00 . City hereby acknow-
ledges receipt from Applicant of $ 1,406.00 , representing the
total of said costs. Upon completion of installation of the Facilities,
City will connect, or cause to be connected, the same to its existing
mains and submit a statement of the cost thereof to Applicant, which
sum Applicant agrees to pay promptly to City. The aggregate amount
of the foregoing costs is hereinafter referred to as Applicant's
Deposit.
4. Installation of Facilities.
(a) Applicant agrees ~o install the Facilities, or cause the
same to be, installed, at its owp expense on or before February 22 ,
19 84. The Facilities shall be installed strictly in accordance with
the specific~tions attached hereto, marked Exhibit "C" and by this ref-
erence made a part hereof, and ~he install~tion thereof shall be subject
to the approval of City in all respects. The Facilities shall be in-
stalled by Applicant or by a contractor, hereinafter referred to as
"said contractor," selected by Applicant. City will perform, or cause
to be performed, the work of connecting the Facilities to City's exist-
ing mains at ,the points designated on Exhibit "A" hereto.
(b) Installation of the Facilities shall be subject to the
inspection and approval of City in all respects.
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(c) Title to the Facilities shall vest in City in accordance'
with the provisions of paragraph 6 hereof.
(d) Applicant agrees to reimburse City upon demand for the
cost to City of all replacements and repairs to the Facilities made
necessary within one (1) year from completion of installation thereof
by reason of defective matefials or workmanship; and such reimbursement
shall not be subject to refund hereunder. City's acceptance of the
Facilities, ,as provided in paragraph 6 hereof, shall under no circum-
stances be deemed to constitute approval of such materials and work-
manship for purposes of the preceding sentence.
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(e) In the event Applicant prior to City's acceptance of
the Facilities, as provided in paragraph 6 hereof, shall be unable to
determine the size or location of any service (including service pipe,
fittings, gates and housings therefor, and meter boxes) required in
the Subdivision and/or Parcel Map, Applicant, or User, shall deposit
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with City the cost of such service at the time service is requested,
and City shall install, or cause to be installed such service. The
amount of any such deposit so made by Applicant or User shall be add-
ed to Applicant's Advance Subject to Refund determined pursuant to the
provisions of paragraph 9 hereof.
5. Indemnity; Insurance.:
(a) City shall not be responsible or held liable in any
manner whatsoever for any injury or damage which may be done to any
person or property in the course of installation of the facilities
by or on behalf of Applicant or which may result from such installation,
and Applicant agrees to indemnify City and hold free, safe and harm-
less of, from and against any and all liability for the death of,
or injury to, any person and for the loss of, or damage to, any pro-
perty which may arise by reason of acts done or omitted to be done
in the course of installation of the Facilities by or on .behalf of
Applicant or which may result from such inst~llation, and Applicant
further agrees to reimburse City upon demand for all costs and expenses
which City may incur in resisting any claim which may be made against
City for any such injury or damage to any person or property. Appli-
cant expressly agrees that the ag~eements contained in this paragraph
shall survive the performance of the remainder of this agreement and
shall remain in full force and effect notwithstanding such performance.
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Applicant further agrees that during the period beginning with the
commencement of construction of the Facilities and terminating upon
final acceptance of the same by City, the following insurance will
be maintained in full force and effect by Applicant or said contractor
(if the Facilities are to be installed by said contractor) without
cost or expense to City: (i) Bodily injury liability insurance with
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limits of not less than Three Hudnred Thousand Dollars ($300,000) per
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person and Five Hundred Thousand Dollars ($500,000) per occurrance,
and (ii) property damage insurance with a limit of not less than One
Hundred Thousand Dollars ($100,000) per accident, insuring City
against any and all liability for the death of or injury to any
person and for the loss of or damage to any property, respectively,
which may arise by reason of acts done or omitted to be done in the
course of installation of the Facilities or which may result from
such installation, and further insuring City against all costs and
expenses incurred by City in resisting any claim which may be made
against City for any such injury or dænage to any person or property.
Each such policy (A) shall be issued by an insurance company approved
in writing by City, which is qualified to do and doing business in
the state of California, (B) shall name City as an additional insured,
(C) shall specify that it acts ~s primary insurance and that no in-
surance effected by city shall be called upon to cover a loss under
the policy "so procured or caused to ,be procured by Applicant, (0)
shall provide that the policy shall not be cancelled or altered with-
out thirty (30) days' prior written notice to City and (E) sha110ther-
wise be in form satisfactory to City. Each such policy or a certificate
thereof shall be delivered to City concurrently with execution of this
agreement.
(b) An endorsement or a certificate thereof to the workmen's
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I compensation insurance policy of Applicant or said contractor (if the
Facilities are to be installed by said contractor) providing that the
underwriter thereof waives all right of subrogation against City by
reason of any claim arising out of or connected with installation of
the Facilities shall be delivered to City concurrently with execution
of this agreement. Said endorsement shall provide that it shall not
be cancelled or altered wit~out t~irty (30) days' prior written notice
to City.
6. Title to Facilities. Title to each part or portion of the
Facilities shall pass to city forthwith as e~ch such part or portion
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thereof shall be installed regardless of whether the same shall be
installed by Applicant or said contractor and regardless of whether
the same shall be attached to the balance of City's sytem, provided,
however, that such passage of title shall under no circumstances be
deemed to constitute acceptance by City of the Facilities as installed
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in accordance with ~aid specifications, Exhibit C hereto. Such accep-
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: tance may only be effected by appropriate written notice from City to
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Applicant. Applicant warrants that upon such passage of title, the
title shall be free and clear of and from any and all liens, charges
and encumbrances whatsoever.
7. Street Grades. If the Facilities are installed in easements
or rights-of-way where final grades have not been established or in
streets whose grades have not been brought to those established by
public authority prior to accept~nce by City, Applicant, upon written
notice by City, shall deposit with City forthwith the estimated cost,
as determined by City, of relocating, raising or lowering the Facilities
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upon establishment of final grades. Adjustment of any difference between
the amount so deposited and the actual cost of relocating, raising or
lowering the Facilities shall be made within ten (10) days after City
has ascertained such actual cost. The net deposit representing actual
cost shall not be subject to refund. City will refund the entire de-
posit relating to such proposed relocation, raising or lowering when
appropriate authority determines that such displacements are not re-
quired.
8. Applicant's Bond. Concurrently with execution of this agree-
ment Applicant shall deliver to City a surety bond in the aggregate
amount of $ N/A in form satisfactory to City, issued by
a bonding company approved in writing by City which is qualified to
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do and doing business in the State of California guaranteeing unto
City (a) the performance by Applicant and said contractor of all the
obligations contracted to be performed hereunder, (b) installation
of the Facilities in accordance ~ith the provisions hereof, (c) vest-
ing ~n City of title to the Facilities in accordance with the pro-
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visions hereof, (d) reimbursement of the cost to City of all replace-
ments and repairs to the Facilities made necessary within one (1) year
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from completion of install~tion thereof by reason of defective materials
or workmanship, and (e) payment in full by Applicant or said contractor
of the claims of all persons performing labor upon or furnishing materials
or power to be used in the Facilities.
9. Applicant's Advance Subject to Refund. Applicant agrees that
promptly upon completion of installation of the Facilities in accordance
with said specifica~ions, Exhibit C hereto, and acceptance of the same
by City, Applicant will, at its own expense, furnish to City a reason-
ably detailed statement of the actual construction cost of the Faci1-
ities,including in said cost, (a) Applicant's Deposit, (b) the cost,
if any, to Applicant of complying with the insurance requirements of
paragraph 5 hereof, and (c) the cost, if any, to Applicant of the bond
required by paragraph 8 hereof. The total amount of said actual cost
as shown by said statement, or the sum of $ 40,264.54 (being the
price quoted by City to Applicant in City's detailed estimate of the
cost of installation of the Facilities), whichever is the lesser, shall
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be conclusively deemed to be the actual construction cost of the Faci1-
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ities and is herein referred to as Applicant,'s Advance Subject to Re-
fund.
10. Refund. Provided that Applicant is not in default hereunder,
City agrees to make refunds hereunder to Applicant or such other party
as may be entitled thereto in cash, without interest, for a period not
to exceed forty (40) years from the date hereof in equal annual payments
of 2~% (two and one-half percent) of the advance until the principal
amount of the contract has been fully repaid. Refund shall be made not
later than June 30 each year beginning the year following execution of
this agreement.
11. Service from Facilities. The Facilities were designed to serve
N/A customers as shown on Exhibit "A" hereto.
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12. City's Right to Offset. In the event Applicant shall become
entitled to a refund under the provisions of paragraphs 7, 10, or 11
of this agreement, City shall have the right at such time to offset
against the amount then due Applicant hereunder the total amount of
any indebtedness then due or owing by Applicant to City.
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13. Notices. Any notice which it is herein provided mayor shall
be given by either party to the other shall be deemed to have been duly
given when deposited in the United states mail, registered or certified,
postage prepaid and' addres~ed' to the party to whom such notice is given
at the following respective addresses:
To Applicant: 'Tenneco Realty Development Corp.
P. O. Box 9380
Bakersfield, èA 93389-9380 I
To City: CityHall
1501 Truxtun Avenue
Bakersfield, CA 93301
Either party, by notice given as hereinbefore provided, may change
the address to which notice shall thereafter be addressed.
14. Nature of Obligations: Assignment. If more than o~~ person is
named in Paragraph 1 hereof, the obligations of the persons executing
this agreement as Applicant shall be joint and several. Until Applicant
shall notify City in writing to the contrary, all refunds hereunder shall i
I
Tenneco Realty Development Corp. !
be paid by City to P. O. Box 9380, Bakersfield, CA 93389-9380, Attn, Cashier.
I Applicant may assign this Agree~ent upon written notice to City at any
time following determination of the amount of Applicant's Advance Subject
to Refund. 'Any such assignment shall apply only to those refunds here-
under which become due more than thirty (30) days after the date of
receipt by City of such notice of assignment. City will not make any
single refund payment hereunder to more than one person. .
15. Successors and Assigns. Subject to the provisions of the
.
preceding paragraph 14, this agreement shall inure to the benefit of
and shall bind the respective heirs, executors, administrators, succes-
sors and assigns of the parties hereto.
16. Jurisdiction of City. This Agreement, except for refund pro-
visions, shall at all times be subject to such changes or modifications
by the City of Bakersfield as said City may from time to time direct in
the exercise of its jurisdiction.
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IN WITNESS WHEREOF, the parties hereto have executed this Agree-
ment in duplicate the day and year first-above written.
CITY OF BAKERSFIELD WATER BOARD
DOMESTIC WATER ENTERPRISE
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By
APPROVED AS TO FORM: :Director of Water Resources
City Attorney
COUNTERSIGNED:
Finance Director
APPLICANT
TENNECO REALTY DEVELOPMENT CORPORATION
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By ~#
V I céPres i dent
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