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HomeMy WebLinkAbout05/22/85 AGENDA WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, MAY 22, 1985 12:00 P~M. - NOON COMMUNITY SERVICES DEPARTMENT CONFERENCE ROOM Call meeting to order Roll call - Board Members: Moore, Chairman; Barton, Ratty 1. Approve minutes of meeting held April 17, 1985. 2. Scheduled public statements. 3. Correspondence. 4. Water supply agreement between Norris D. McCollum and City of Bakersfield for water purchased 'from Kern River near Lake Ming. This water will be used on approximately 3 acres for irrigation and'incidental domestic use. FOR BOARD ACTION. 5. 1985-86 "WATER PRICE AND SAND SALE.SCHEDULE." This schedule would establish pricing categories for the Agricultural Water Division as based on current .water supply conditions. FOR BOARD ACTION AND RECOMMENDATION TO CITY COUNCIL. 6. SPECIAL FACILITIES AGREEMENT for water mainline~ extension to serve California State College:, Bakersfield. FOR BOARD ACTION. 7. Billboard lease agreements with Kunz and Co. and National 3M for 4 billboards located near Kern River' and Carrier Canal rights-of-way. FOR BOARD ACTION AND RECOMMENDATION TO CITY COUNCIL. 8. Staff comments. 9. Board comments. 10. Adjournment. WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY APRIL 17, 19~85 12:00 P.M. - NOON The meeting was called to order by Chairman Moore in the Community Services Department Conference Room~ The secretary called the roll as follows: Present: Moore (Chairman), Barton, Ratty The minutes from the special meeting of March 14, 1985 were approved as presented. There were no scheduled public statements nor correspondence received. The proposed "Notice of Termination" to Chevron U.S.A. concerning the discharge of oilfield wastewater into the Beardsley-Lerdo Canal system was brought before the Board at this time. Mr. Dow presented this item befores.the Board. Scott Kuney, attorney representing North Kern Water Storage District, spoke regarding this Notice of Termination. Mr. Kuney stated that there were various reasons why this Notice of Termination should be im- plemented, but the first and foremost should be emphasized to committee, that it would be done to encourage a co~m~Lencement of negotiation for the execution of a new agreement. It would set a date certain from which the time for negotiation would commence and it would be a one year period, and probably within that one year period a new agreement would be executed. Secondly, this Notice of Termination would in no way affect Chevron's operations for at least a year and this does not cause them t° prevent con- tinuation of the operations. Mr. Milo Hall and Mr. Lloyd Phillips, both from North Kern Water Storage District, also had some comments regarding this item. Following further discussion, Dr. Ratty made a motion to recommend the City Council approve and execute the Notice of Termination and authorize staff to enter negotiationS with North Kern Water Storage District and Chevron U.S.A. Motion passed. The proposal for a Groundwater Banking Program in Kern County between Kern Water Districts and Metropolitan Water'District was discussed at length befOre the Board. Mr. Moore attended a meeting on this subject and gave a brief report. Mr. Mil°'Hall of North Kern Water Storage District added his comments; and Mr. Tom Clark, of Olcese Water District, spoke regarding Olcese's concerns for this program. Mr. Clark would like a designated representative from the City to meet with Olcese Water District to discuSs this program. Mr. Moore suggested Mr. Dow, with the City, and Mr. Clark get together to discuss and see what recommendations they may have. Mr. Moore brought before the Board for discussion the suggestion of changing the day and/or time of the regularly scheduled Water Board meetings. It was recommended that this be deferred until the next Water Board meeting. Adjourned to Closed Session (per G~Vernment Code #54956.9..B(1)). Meeting re-opened to the public. There were no Staff or Board comments. The meeting adjourned at l:38p.m. ~haron Robison, Secretary City of Bakersfield Water Board OFFICE OF CITY ATTORNEY RICHARD J. OBERHOLZER~ -.,~. ARTHURAssistent City J' SAALFIELDAttorney 1501 TRUXTUN AVE"UE~ ~'" ~s Administrator J. DEAN RICE BAKERSFIELD, CALIFORNIA 93301 MAY 1 10,85 DAVE HASKINS Deputy City Attorney Telephone (805) 326-3721 City Attorney Investigator CONOIE THOMAS SWALLOW CITY OF BAKr. RSFIELD R.~OJ,~_~ Deputy City Attorney IV[ay l0 · 1985 DEPARTMENT OF ROBERT M. SHERFY Deputy City Attorney ALAN D. DANIEL Deputy City Attorney Mr. Norris Dan McCollum 2158½ Sacramento Street Bakersfield, CA 93305 RE: Water Supply Agreement Between Mr. McCollum and the City of Bakersfield Dear Mr. McCollum: Attached please find a tentative copy of the Water Supply Agreement which we anticipate will be signed by yourself, Mr. Sischo, and the City of Bakersfield. This agreement is tentative in that the water Board for the City of Bakersfield must review and approve its terms. Please call if you have any questions. Sincerely, ~__/Alan Dale Deputy City Attorney ADD: kda Attachment cc: Gene Bogart Department of Water Resources Ord~ No~i~ ~meri~qn Tille Com~ . Escrow t:.~. 0 2 b 5 3 3 m5 A O0 KERN CCUN[Y Ct Ei~K-RECOROER WHEN RECORDED MAIL TO: tTRS 4. O0 2Z58 Sac=~n~ S~ REC. FE. 2.00 ~ersfield, ~. 93305 Fr~ ¢I~E T. OO SPACE A~OVE THru ~NE FOR ~ECORDER'S USE MAIL TAX STATEMENIS 10: ~ME~ARY T~FER T~ &..72..0Q ................................ O , · ." ~ ..~ Computed o~ the consideratloo or value of prope~y comveyed; OR ' ' , /gnat~ of~g~nt d~t~rmlnlng tax - Firm N~m~ GRANT DEED r~x FA 77, O0 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ~W l,,'~,CE 77.00 O3AtB/~5 hereby GRANT(S) to NO~S ~ ~~, a s~gle ~ ~d S~ R. SIS~O, a s~gle ~, as ~~ in ~n the real property in the City of unincorporated area County of Kern , State of California, described as SEE EXHIBIT "A" ATI~AC~IED HERETO AND MADE A PAR~ 'HEREOF. Dated December 26, 1984 ALICE~ENGE I STATE OF CALIFORNIA )ss. COUNTY OF KF~ T'n } On February 15, 1985 before me, tho undersigned, a Notary Public in and for said State, per- sonally appeared ~1 ~ ~ '~ /¢~-~---~-,~"~,. OFFICIAL SEAL personally known to me (or proved to me on the basis of satisfactory PHYLLIS ANDREWS ! I~:~l not. Fy PuUic-C.h~orn~a evidence) to ~ the posen(s)whoso name(s)is/are subscribed to the ~ Principal Office In within instrument and acknowledged to me that he/she/they executed ~ ~~/ Kern C~n~ ~/M C the ~me. ~ ~ Y emro. Exp. Feb. 24. t989 L...........................j u~ ~ax s~tu~s as ~c~ a~ov~ WATER SUPPLY AGREEMENT THIS AGREEMENT is made as of the day of , 1985, in the City of Bakersfield, California, by and between the City of Bakersfield, a municipal corporation " ("City"), and Norris Dan McCollum and Steven R. Sischo, a part- nership ("Buyer"). RECITALS. This agreement· is based on the following facts: City is a chartered city organized and existing under and by virtue of the Constitution and laws of the State of California and is situated in the County of Kern. City is the successor in interest to the Kern County Canal and Water Company. Buyer is a natural person. Buyer enters into this agree- ment freely in order to secure a water supply for incidental domestic, irrigation, and incidental agricultural purposes on the real property described in Exhibit "A." Buyer currently holds title to the real property described in Exhibit "A" and Buyer has caused a true copy of the deed to said property to be attached as a part of this agreement. Buyer wishes to purchase water, from the City to be deliv- ered from the Kern River for use at Buyer's premises, 'described in Exhibit "A" attached. City has certain rights to the. waters of the Kern' RiVer, and City has determined that under existing conditions and for an interim period of time certain portions of said waters may ·be available for Buyer's purchase and use. AGREEMENT In consideration of the statements, promises, and cove- nants contained in this agreement, City and Buyer hereby agree as follows: 1. TERM: This agreement shall terminate one year from the date of execution unless sooner terminated by mutual agreement or as otherwise provided herein. 2. PRICE: Buyer agrees to pay SEVENTY-SIX DOLLARS ($76.00) per acre foot of water, or fraction thereof, delivered to Buyer for his use. This stated price represents the replacement cost for agricultural water from the State Aqueduct plus admi- nistrative costs and miscellaneous costs as calculated by the City. 3. RENEWAL: City agrees to enter into good faith nego- tiations to renew this agreement at the end of its term subject to changes in the price'Of water, the use of water by Buyer, and.the availability of water. City shall not put subsequent water purchasers who are in a position similar to Buyer in use and quan- tity and location in a better position than Buyer concerning price, use or availability. 4. PAYMENTS: Payments required by this agreement which are due to City shall be payable monthly upon demand by City, such demand will normally be made by invoice to Buyer, and no oversight by City in making such demand shall relieve Buyer from making all payments due to City. 5. QUANTITY: City'agrees to sell to Buyer an amount} not to exceed ten (10) acre feet per year, of City's non-utility Kern River water during the term of this agreement for irrigation purposes on the premises described in Exhibit "A" attached, sub- ject to the terms of this agreement; provided, however, City does not represent or guarantee that the quantity stated above will be available on each and every year of this agreement or in any year. 6. QUALITY: City does not represent or guarantee the quality of the water which is the subject of this agreement. Buyer understands that the water specified for delivery under this Contract, as supplied from the Kern River, is UNTREATED, and NOT FIT FOR HUMAN CONSUMPTION as delivered. Buyer will take said water and treat it to bring the water into conformity with all Federal, State, and County domestic water requirements prior to -2- any domestic use. City is not responsible for the quality of water in any way, and Buyer's failure to properly treat the water is in no way the responsibility of the City. 7. DELIVERY OF WATER: The place of delivery of the water shall be at the Kern River. Buyer may construct a pipeline with the approval of the State Reclamation Board from the Kern River to Buyer's property as needed for the purpose of water deli- very. Any construction in the designated floodway must have State Reclamation Board approval. Such pipeline construction shall be done to the satisfaction of the City of Bakersfield, Director of Water Resources, with all construction to be approved by the Director of Water Resources. That portion of the pipeline between the river and the meter, including the meter, shall become and remain the property of City. Buyer shall bear all'costs and expenses of all pipeline construction and all costs and expenses related to the maintenance and upkeep of all'the pipeline during the term of this agreement. Upon termination of this~agreement, the pipeline shall be removed upon request by the City, and all costs and expenses of removing the pipeline shall be borne by Buyer. 8. SUSPENSION OF DELIVERIES: Whenever maintenance of City's system, in the opinion of the Director of Water Resources of City, shall require suspension of delivery of water at any point or points, such delivery shall be suspended without liabil- ity on the part of City; provided that, except in cases of emer- gency as determined by the Director of Water Resources, reasonable notice of such suspension of service shall be given in advance of such suspension. Further, suspension of delivery may occur with- out notice and without liability to the City whenever City is una- ble to obtain sufficient amounts of water to supply previously existing contract demands. City may also suspend deliveries for defaults under this Contract. 9. USE OF WATER: Buyer shall utilize the water received under this agreement subject to the following conditions: (a) The water shall be used within the boundaries of the real property described in Exhibit "A" for irrigation, --3-- spreading, stockwater, incidental agricultural~ purposes, and Buyer may use the water for domestic purposes at Buyer's own risk, and with Buyer's knowledge that the water supplied is UNTREATED and NOT FIT FOR HUMAN CONSUMPTION without proper treatment. (b) Buyer shall not sell, transfer, or exchange any water received under this agreement unless it has given prior written notice to and received the prior written consent of city to any such proposed transfer, sale or exchange. (c) Buyer shall not cause any unreasonable pollu- tion of the Kern River by his return, flows or other water use. 10. WATER METERS: It shall be the obligation of Buyer to provide, maintain and pay for any water meter or meters neces- sary to measure the quantities of water received by Buyer from City under the terms of this ~agreement. City is not required dur- ing the term of this agreement to bear the' costs of any construc- tion or maintenance of measuring facilities. Buyer shall semi-annually provide to City reports detailing the amount and purpose of water used by Buyer at its premises. Such report shall be in a format as determined and approved by the City of Bakersfield's Director of Water Resources. ll. SALE OF ~PROPERTY: Buyer shall immediately notify City of Buyer's intention to sell the real property described in Exhibit "A" , or any part thereof; and Buyer shall present this contract, or a copy thereof, to the perspective purchaser'of said real property upon receipt of a good faith deposit by such purchaser, or upon the opening of any escrow, whichever occurs first. 12. DEFAULT: In the event of any default by Buyer in the payment of any money required to be paid by Buyer to City, as stated herein, or the failure to comply with any term or condition of this agreement, City shall, after thirty (30) days written notice to cure the specified default, have the~right to suspend deliveries of water under the terms of this agreement until such -4- default is cured including closure of the pipeline. Action taken pursuant to this paragraph shall not deprive or limit City of any remedy provided by this agreement or by law for the recovery of money due or which may become due hereunder. 13. RIGHT OF ENTRY: Buyer agrees to allow City to enter Buyer's premises during business hours for the purpose of inspect- ing Buyer's facilities, inspecting and reading water meters, or taking any action required pursuant to suspension of deliveries as set forth in this agreement. · 14. WATER RIGHTS: ' Buyer agrees that nothing contained in this agreement shall affect or change the existing Kern River rights or Lake Isabella storage rights of City; and Buyer explic- itly agrees that its receipt of water is subject to all existing contracts and documents as set forth in this agreement. Buyer further agrees that it will never claim any right against City to the use of Kern River water, superior to the rights of City. Without limiting the foregoing, Buyer, and for its suc- cessors and assigns, agrees never to assert or claim that its receipt or use of waters of the Kern River pursuant to this agree- ment shall create, constitute or establish a right to the use of such water as against City at any time or in any manner or for any purpose except pursuant to and in accordance with this agreement. If any such claim be made, it shall be void ab initio. If at any time. during the term of this agreement Buyer should endeavor to establish or claim to have established any right to any such water as against City, then City may terminate the supply of water to Buyer hereunder by written notice to Buyer. Buyer and City hereby agree during the time this agree- ment is in effect that all rights or claims of rights in and to the use of Kern River water City may now have or which it may hereafter acquire are subject to all those agreements, documents, ~ and decrees to which its predecessors in interest were parties, -5- the same as if the City itself had executed such agreements or documents or it had been a party bound by said decree and to the same extent as if the City had itself administered or otherwise interpreted such matters;to the sO-called Shaw Decree to the same extent as if it had been a party defendant in said litigation; and to all agreements executed by North Kern acting~for itself'and for other First Point interests the same as if the City had expressly '. requested North Kern to so act for the benefit of its predecessors and to the same extent as if the City itself had administered and interpreted said matters in the place and stead of its predecessors-in-interest. 15. LIABILITY AND INDEMNIFICATION: Neither the City nor any of its officers, agents, or employees shall be liable'for the control, carriage, handling, use, disposal, or distribution of water received by Buyer under this agreement after such water has been received by Buyer; City shall not be liable for any claim of damage of any nature whatsoever, including, but not limited to, property damage, personal injury, or death, arising out of or con- nected with the control, carriage, handlinq, use, disposal, or distribution of such water beyond the point of receipt by Buyer; and Buyer shall indemnify and hold harmless the City and its offi- cers, agents, and employees from any such damage or claims of dam- ages by Buyer, its officers, agents, and employees or by any third party. 16. DESCRIPTION OF PREMISES: A description of the prem- ises of Buyer is attached hereto as Exhibit "A."~ Buyer represents that title to the property is held in Buyer's name. Buyer has caused a true copy of the deed to be attached to this agreement. 17. DUPLICATE EXECUTION: This agreement is entered into and executed in duplicate, either copy of which may be considered and used as the original for all purposes. 18. PRIOR RIGHTS AND OBLIGATIONS: The rights of City in and to the water of the Kern River and the obligations .agreed to herein are subject to the existing rights and obligations flowing from all prior executed agreements and documents relating to such rights including but not limited to the following: (a) Miller-Haggin Agreement, dated 1888; (b) Farmers Canal Co.~ et al. v. J. R. Simmons~ et al. (Findings and Decree, Judge Lucien Shaw), dated 1900; (c) Agreement to supply water to Hart Park, dated March 17, 1934; (d) Agreement for Use of Water Rights, dated January 1, 1952; (e) Agreement of Sale of Canals and Other Assets for Transportation of Water, dated January 1, 1952; (f) Agreement Amending Miller-Haggin Agreement, dated December 14, 1955; . (g) Agreement to Transport Rosedale-Rio Bravo Water, dated November 2, 1960; (h) Kern River Water ServiCe Agreement, dated. August 31, 1961; (!) ~ern River W~ter Rights and Storage Agreement by and among Buena Vista Water Storage District, North Kern Water Storage District, Tulare Lake Basin Water Storage District, and Hacienda Water Storage District, dated December 31, 1962; (j) Agreement for Establishment and Maintenance of Minimum Recreation Pool of 30,000 Acre Feet in Isabella Reservoir, dated 1963; (k) 1964 Amendment to the Miller-~Haggin Agreement, dated January 1, 1964; (1) Storage Agreement among First Point Entities, dated March 3, 1964; (m) Ming Lake Temporary Service Agreement, dated 1964; (n) Contract Among the United States of America and North Kern Water Storage District, Buena Vista Water Storage -7- District, Tulare Lake Basin Water Storage District, and Hacienda Water.District, dated 1964; .~.~ (o) Contract among Cawelo Water District, Kern River Canal & Irrigating Co. and North Kern Water Storage District, dated December 21, 1972; (p) Agreement among the State of California, Kern County Water Agency, and the Kern River Interest for Diversion Of Flood Waters through the Kern River-California, Aqueduct Intertie, dated October 16, 1975; (q) Agreement by and between City of Bakersfield, City of Bakersfield Water Facilities Corporation, Tenneco West, Inc., Kern Island water Company, and Kern River Canal and Irrigating Company, dated April 1976; (r) Agreement for the Sale of Kern River Water and Canals by and between Ci'~y of Bakersfield and North Kern Water Storage District, dated May 27, 1976; (s) Agreement for the sale of Kern River Water by and between City of Bakersfield and Cawelo Water District,. dated· May 28, 1976; (t) Agreement~for the. Sale of Kern River Water by and between City of Bakersfield and Kern-Tulare Water District, dated May 28, 1976; (u) Agreement for the Sale of Kern River Water by and between City of Bakersfield and Rag Gulch Water District, dated May 28, 1976; (v) Agreement Amending the Kern RiVer Water Service Agreement, dated.August 31, 1961, to Provide for.the Long-Term Sale and Delivery of Kern River Water by and between City of Bakersfield and Rosedale-Rio Bravo Water Storage District, dated June 6, 1976; (w) Agreement for the sale of Kern River Water Rights and Canals by and between City of Bakersfield and Kern Delta Water District, dated June 15, 1976; ~. -8- (x) Agreement by and between City of Bakersfield and Tenneco West, Inc. and Tenneco RealtY Development Corporation, dated May 2, 1977; (y) Future sales, transfers or assignments of any part or all of the rights referred to in any of the agreements and documents identified in this paragraph. 19. WAIVER OF DEFAULT: The failUre of any party to enforce against another a provision of this agreement shall not constitute a waiver of that party's right to enforce such a provi- sion at a later time, and shall not serve to vary the terms of this agreement. 20. FORUM: No lawsuit pertaining to any matter arising under or growing out of this contract shall be instituted in any state other than California. 21. TIME: Time is of the essence in this agreement. 22. HEADINGS: All paragraph or section captions are for reference only, and shall not be considered in construing this agreement. 23. NOTICES: All notices relative to this aareement shall be given in writing and shall be sent by certified or regis- tered mail and be effective upon depositing in the United States Mail. The parties shall be addressed as follows, or at any other address designated by notice: TO CITY: City of Bakersfield Department of Water Resources 4101 Truxtun Avenue · Bakersfield, CA 93301 ATTENTION: Director of Water Resources TO BUYER: Norris Dan McCollum Steven R. Sischo Route 1, Box 194 Bakersfield, CA 93308 24. ASSIGNMENT: This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. 25. BINDING EFFECT: This agreement shall inure to the benefit of and be binding on the successors in interest and assigns of the parties. 26. ATTORNEY'S FEES: In any action to enforce the terms of this agreement, the prevailing party shall be entitled to recover its attorney's fees and court costs and other nonreimbur- sable litigation expenses, such as expert witness fees and inves- tigation expenses. 27. 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 ter- minated only in a writing signed by all the parties. IN WITNESS WHEREOF, the parties have executed this agree- ment as of the day and year first above written by themselves or their respective duly authorized officers. CITY OF BAKERSFIELD By Director of Water Resources APPROVED AS TO FORM: City Attorney BUYER By. Partner By. Partner -10- oo '5743 83 DESCRIPTION: That portion of Parcel 3 of Parcel Map 2676 in the ~unincorpora~ed area of the County of Kern, State of California, as per map recorded February 11, 1975 in Book 12, Page 167 of Parcel Maps, in the Office of the County Recorder of said County, lyiug northeasterly of the following described line: Beginning at a point in the north line of said Parcel 3 which ~ars south 89053'44" East, a distance of 11.96 feet from the northwest corner of said parcel: Thence (1) South 33°10'50'' East, a distance of 110 feet; thence (2) South 39°07'29'' East, a distance of 104.92 feet; thence (3) South 31°44'31" East, a distance.of 237.88 feet; thence (4) South 23"44'39" East, a distance of 90.842 feet to the southwest line of said ~rcel; thence (5) South 33°10'50" East, a distance of 241.81 feet to the most southerly corner of said Parcel 3.. · EXCEPTING THEREFROM 3/4ths of all minerals, oil, gas or other hydrocarbon substan- ces within or underlying said land as reserved in deed of record. ALSO EXCEPTING THEREFROM the remaining 1/4th of all minerals, oil, gas or other hydrocarbon substances within underlying said ~nd as'~'g'e~-lfi-d~'~6'~ed May 27, 1977 in Book 5030, Page 663 of Official Records. MEMORANDUM ....... f.,.. j ...................... i. TO ............. .Pju ! ...D. p_w..,....C_a_.m_m..u_n i..t_y...S__e._r.v_.i._c.e..s__....M.n.~ j~ .................................. .'. ............................. FROM Gene BoRart~. Director of Water Resources~ ~0.~ S U BJE-------------------------------------------------------------------------------------c~- '--!~'8-~ '-' 8- '6- _ -W AT-' E 'R--'P' 'R' '""C'-E-'A..N'-D' '"S-A- 'ND' -S"A-L-E" ' -S ~ ~ E~--" ~- '-' "-'"-" - '"" ' "--' '""-'" ' "--"----...'"'"'-~' ........ ........ Attached is the proposed 1985-86 Agricultural Water Enterprise ~'WATER PRICE AND SAND SALE SCHEDULE" as recommended by staff. The water price schedule reflects 1985 conditions for comparable State (California Aqueduct), Federal (Friant-Kern) and local groundwater' costs. The major change this year i.s the addition of two wate'b sale categories, as follows: 1) City water "banked" in 2800. acres to be sold for direct irrigation ($35.OO per ac~e-foot). This is water that was previously spread and banked by the City during above normal water years. This water will be extracted by City and sold (by exchange)'to irrigation districts. 2) City miscellaneous water sold for agricultural and incidental domestic use above First Point of Measurement ($76.00 per acre-foot). This water would be sold to private' landowners located upstream of Hart Park who have requested a Kern River supply for small parcels (±5 acres) annually. This new cate- gory is important since it provides a method for controlling the expansion of unauthorized use of Kern River water up- stream of First Point. Sand Sales Due to the recent high-flow water years experienced on the Kern River, the river channel has upgraded, in numerous areas to a point where remedial action is necessary t.o prevent possible flooding should a major rainstorm occur downstream of Isabella reservoir. To promote the removal of these upgraded sandbar and'floodway areas it is re- commended the price for sand be set'at $0.50 per cubic yard until 'river channel conditions are improved. ~hese channel improvements would insure the passage of potential 100-year (15,000 c.f.s.) storm- flows. As outlined on the "1985-86 WATER PRICE AND SAND SALE SCHEDULE," all categories for pricing would remain in effect until water conditions warranted changes in the schedules. GB:sr AGRICULTURAL WATER ENTERPRISE 1985-86 WATER PRICE AND SAND SALE SCHEDULE The following recommended water prices reflect the current, below-normal water supply conditions of the lower San Joaquin Valley. Of the nine (9) water price cate- gories shown below, items 1 and 2 are established by existing contracts, with item 2 escalated by the "All Commodities" Index annually. The prices for items 3, 4, 5, and 6 are dependent upon time of year and current water supPly conditions *(see footnote below). The recommended water rates for categories 3 through 8 would remain in effect until water supply conditions warranted changes'or adjustments to these prices.- For information and reference, the 1983 and 1984 schedule for surface water sales is shown for comparison (price per acre-foot): Actual 1983 Actual 1984 Effective (340% of Normal (89% of Normal 1985-86 Water Year) Water Year) (80% of Normal TYPE OF WATER Water Year) l) Basic Contract Water .......... $ 20.00 $ 20.00 $ 20.00 (price set by contract) 2) City "Borrow/Payback" Water ..... 16.72 17.17 17.27 (price set by contract) 3) *Miscellaneous Kern River Water sold for surface irrigation ... 12.50 25.00 25.00 March- September 4) *Miscellaneous Kern River Water sold for surface irrigation ... 7.18 14.74 14.82 October- February 5) *Miscellaneous Water that woul~l otherwise be used for ground- water banking ................. 4.78 9.83 9.88 6) *City non-Kern River Water Sales (oilfield discharge, etc.) .... ll.O0 22.00 22.00 7) 2800 acre I'Banked" groundwater sold for direct irrigation use N/A 35.00 35.00 8) Miscellaneous water sold for ag and incidental domestic use upstream of First Point of MM · N/A N/A 76.00 9) Kern River Canal & Irr. Co .... 16.30 16.30 16.30 · To encourage maximum use within the Kern River groundwater basin, water prices in categories number 3, 4, 5, and 6 are reduced 50% during periods of mandatory flood control release and/or encroachment at Isabella Reservoir. For annual and/or temporary pumping agreements from canal and' river facilities, and sand sales from City-owned river channel and canal proper, ties, the following rates would remain in effect until conditions warranted changes: ITEM PRI CE 1) Temporary Pumping Agreements ..~ ............... $ 40.00 per day 2) Annual Pumping Agreements 5 truck units or less .................... 350.00 (minimum charge) 6 truck units or more .................... 550.00 (or greater proportionately, depending upon volume) 3) Sand Removal Sales ............................ 0.50 per cubic yard (plus sales tax when applicable) SPECIAL FACILITIES CONTRACT NO. Subdivision, Tracts and. Housing Projects, Organized Commercial Districts Utility Name: City of Bakersfield Address: 1501Truxtun Avenue, Bakersfield, CA 93301 Applicant Name: Tenneco Realty Development Corporation Address: P.O. Box 9380, Bakersfield, CA 93389 Description of Special Facilities: Water Mainline Extension to serve Commercial District and California State College Preliminary Statement This contract is entered into pursuant to the requirements of, and in accordance with, the various provisons of the California Public Utilities Commission Main Extension Rule No. 15, as app.licable by Agreement No. 76-36 by and between City of Bakersfield and Tenneco West, Inc. dated April 12, 1976. Purpose of Contract Applicant hereby applies for commercial water service, water for fire protection, and service to the California State College at Bakersfield campus. The facilities described on attached Exhibit "A" shall be installed by Applicant. Such facilities shall be used for the purpose of furnishing water service to portions of properties known as the Stockdale Centre Commercial Area and to the California State College of Bakersfield campus. The areas are delineated on the map attached as Exhibit "B". Applicant agrees that it shall, as soon as necessary materials and labor are avail- able and necessary authorizations have been obtained, commence and prosecute to completion with all reasonable diligence the work of installing the water mainline and appurtenances. When such facilities are accepted by the City, City shall provide water service in accordance with City's tariffs. Special Facilities Applicant shall pay the cost of the faciliities. The estimated cost of Special Facilities required to serve the areas in Exhibit "B" is $30,000. When these Special Facilities are designed and constructed by Applicant in accordance with City specifications and approval, the total actual cost of approved facilities shall be determined, and the total actual cost shall be refunded by City to Applicant. The refund shall be based.on 1OO% of the cost of the Special Facilities to serve portions of Stockdale Centre Commercial Area and the California State College at Bakersfield campus. Upon receipt of bids by Applicant, Applicant shall notify City of bids re- ceived, and if lowest acceptable bid exceeds $35,000, the. City may terminate this agreement by written notice to Applicant within ten (10) working days. City shall pay direct for any and all fees due for the inspection of installation of facilities. Al~plicant shall provide detailed cost estimate to City of the facilities, such cost estimate to be used for calculation of such fees. Any portion of facilities described in Exhibit "A" attributable to fire protection facilities, public or private, shall not be eligible for refund under terms of this agreement. There shall be no Other service charge, connection charge or charge of any type by City for domestic water service to the portions of Stockd~ale Commercial Centre Area in Exhibit "B" served by these Special Facilities, with the exception of water service in accordance with City's tariffs. Refunds - Special Facilities The total actual cost shall be refunded by City to Applicant. The refund shall be due Applicant upon commencement of water delivery service to the California State College of Bakersfield campus. Until Applicant shall notify City in writing to the contrary, all refunds hereunder shall be paid by CitY to Tenneco Realty Development Corporation. Refunding of the 100% of the actual cost of the Special Facilities shown on Exhibit "A" to serve the portions of Stockdale Commercial Centre Area and the California State College at Bakersfield campus shall be as follows: The refund shall be based on 22% of the total billed amount to College for water service in' accordance with City's tariffs in effect. Payment of refund shall start 90 days after the date of first service to the California State College at Bakersfield campus and payments made quarterly thereafter until total amount of refund is made. Any unrefunded balance which may remain unrefunded at the end of three (3) years from date of this agreement shall be refunded in total to the Applicant within 90 days. Should the City extend water service to any new acreage outside Tenneco Realty Development ownership, and if that new acreage received direct benefit from the use of the Special Facilities described herein, then the City shall' reapportion the refundable costs of the water facilities based on tl~e increased acreage of benefit as determined by the City. The City shall compensate 2 the Applicant for the additional acreage receiving benefit from the water facilities as determined by the City. However, in no event shall the Applicant receive more than one hundred percent (100%) of the total cost of water facilities. Conditions City agrees to use its best efforts to assist Applicant to obtain any and all authorizations which may be required for the installation' of the facilities. Applicant shall provide free of charge any easements and rights of way required for the installation where such rights of way or easements occur on Applicant's land. The cost of acquiring any easements and rights of way from any parties other than Applicant shall become part of the total facility costs. Burden of Risk on Applicant The burden of risk in constructing the Special Facilities shall rest with Applicant. Applicant shall design and construct all new facilities subject to City specifications and approval. Should any facility constructed by Applicant not perform to its design specifications, the City shall be under no obligation to purchase such facility. The City shall not compensate Applicant for any costs incurred in locating or constructing or developing any special facility which does not comply with City specifications nor meet with City approval. Successors and Assig.ns The obligations of the Applicant shall be joint and several. This agreement shall bind and inure to the benefit of the heirs, representatives, executors, administrators, successors and/or assigns of the respective parties hereto. The effective date of this Contract shall be the day of , CITY OF BAKERSFIELD WATER BOARD By Chairman APPROVED AS TO FORM: CITY OF BAKERSFIELD City At torney Community Services Manager COUNTERS I(; NED: Director of Finance APPLICANT: TENNECO REALTY DEVELOPMENT CORP. By By 6721 P.M. 6547 ~ SPECIAL FACILITIES AGRMT. I ~ __ AREA AFFECTED BY SPECIAl FACIallY AGMT. MING . ~ I I '. ~ ~ AVENU~ ,~ ,':~i,, i,~ MAY09~985 : MEMORANDU :" TO GENE BOGART, DIRECTOR OF WATER RESOURCES; PAT HAUPTMAN ............................................................................................................... ::-= ..... ~ ............................................ FROM ALAN DALE DANIEL, DEPUTY CITY ATTORNEY ..................................................................................................... .=--= .... :-{~ ........................................ .- su ~J ~c~ ...... 5_~_5....~._.~.~.5~_~._).~.5.~ ............................................ : ~'~,~ I have a~kached ~ho lease from KunZ and~ ComPanT. Tho7 have made ~he chan~ea I reco~ondod. Tho road7 ¢o si~n. Pleaso revis~ and co. ont. ADD: kda ~~" ~ ',' ~ r~ ~: Attachment ': I. .~. , ,~ '..~ .,: ~ , .~ J· ' ,/. Mr. Alan Dale Daniel Deputy City Attorney Office of City Attorney-Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Subject: 5670 N Golden State Hwy. W/L South of Kern River, Bakersfield Dear Mr. Daniel: Pursuant to our meeting in your office on Wednesday, April 17, 1985, please find ? enclosed our Sign Location Lease Agreement with all of the necessary changes.as we had verbally agreed upon at that time. If you should have any questions, or need anything, explained further in detail, please do not hesitate to get back in touch with me. If the enclosed lease now meets with your approval, we will need to have it signed by the proper person in authority with the city of Bakersfield, also dated and write in their title. He can then return all copies of the lease agreement back to me in the enclosed postage-paid envelope, and it will then, subsequently, be accepted by our company and one copy returned to you for the city records. If I or Kunz & Company can be of any further service to you in the future, please do not hesitate to contact us. I thank you for your continued time and cooperation with regard to this matter, and we look forward to the next five years and hope they will be beneficial to both of our concerns. Sincerely, Ronald M. Ta~ Lease Representative RMT:jsb Enclosure ~ ~- ~ RENEWAL .. SIGN ~~t'O~ LEASE 352 East Monterey Pomona, California g1767-5595 PHONE: (714) 623-6415 (800) 472-4219 T.,S^GnE~UE.T~he,e,.et,.rca,,e~"Leese")mad.,h,. !st. d,yo,, April , 1985 h,,.dhe, .... Cit.y of . B_akersfiel d.__Cal ifornia-Department of Water or.SQl Trux];_tt~_Ay_enue. Bakersfield. CA 933~e~ (Phon.: ..(805) 326-3715 ) (Address) owner el Ihs herelnafler described real eslale (hereinalfer called "Lessor") and Kunz & Co.'(herelnafter called "Lessee"). WITNESSETH: 1.) Lessor hereby leases unto Lessee and Lessee hereby leases from Lessor the use and possession of e site(s) of approximately 3 00 square feet each (.more particulsHy d..c.bed e.d ~es,o..t.~ ,~,e,-~ ,or the pu,~ .... , .... ,.g. p,aci.g a.d me,.tat.l.~ one (l),~g. ,,,ue,~,.(,) o. L.,,or', ,,o,,.~.,o~,,.~ o. ~Gol den State Hw~ Exisgin~ sjgn_structur~ located~ou the.city.pr Ba~qrsfi~iO C~na!R.O.~. ¢ Der~g~.o~ %... ro ert o be fOr e period of~ years ~e~tnnin~qq~e ~ on which the first rents payment is ave as ~ere merle oeec ' so. n c ' 'o g g p~ ' ' * , ~enf shall be at a rental of $~UU~U . , per year payable ~K~Kff annually ~~ eeglnnlng on 2.) Lessor hereby consents fo and grants fo Lessee the right fo establish or provide electrical power to seid~l~s) and fo piece Incidental equipment, including 6ut not Itmifed fo structures, devices, power poles, end connections thereon: the right fo sublet said sif~s) or sign 9trucfur~s~~aX~and the right fo relocate said sign(s) to a lawful sifts) ~eesonable time lo remove ~he s ~me prior fo or after the lerminalion of Ibis Agreement. it is furlher agreed that Lessee shall be shrilled Io an apportionment on fha besi~ of the vllue of Interest of any awards et compensation received in connection with any legal action or proceeding or compromise settlement made pursuant fo any governmental agency requirement for the removal of said sign structure(s). 4.) It is the understanding o~ the parfies, hereto, thai visibility of fha sign structures) to the traveling public Is of the essence and forms a significant element of fha consideration underlying this Agreement [asset. therefore, consenfs endgr~ntsloLesseetherighf f~re~neb~c~eitssign~fructur~nsa~dsit~s~ina~cati~n(s)th~wi~resu~infhe~p~imumvisibi~#yt~he~r~ve~ing public, and further agrees fo refrain flea causing or permitting said structures) fo be or to become Obscured from ihs highway. In Ibis ~egard, L asses and ifs authorized agents ere hereby granted the fighf of ingress and egress fo and from said site(s) over property owned or controlled by Lessor for ell purposes reasonably necessary to ihs erection, maintenance, changing or removal of ~lgn strucfur~ s) including but not limited fo the trimming, cutting or removing of brush, tree~, shrubbery, or any other vegefafion~ or the removal of obstructions of any kind which obscure the visibility of said ~trucfure(s) hem fha highway. 5.) [ es sot shell not cause or permit any advertising sign s tructure( s ] or other advertising ma ffer other than [ essee's to be erected or placed on any property owned or controlled by [essor within the radius of tO~ feet of Lessee's sign struclure(s). ~.) If at any time the highway view Of L e~see*s s fructur~ s) ~s obstructed or obscured, or the advertising value of fha structures) 13 Impalr~ or diminished, or the ins fellafion or use of such precluded Or materially flailed for advertising purposes by taw, or where Lessee Is unable to secure any required pe~its or license~ from any appropriate governmental authority, or unable for a period of ninety (90) consecutive days or more fo secure and maintain a suitable advertising contract for fha structures), or If lhere occurs a diversion of ira ffic from, or a change In the direchon of traffic On h~ghways leading past Lessee's Structure(s); Lessee shall have the ri~ht fo terminate Ibis Lease upon filfeen (tS) days notice in writing to Lessor, and Lessor agrees fo refund ~ ~~lt is acknowleoged by the perhes hereto that the payments requires nereunoer are premcafeo on meanly rates, and in the evenl t e prows one o t ~come operative, ell payments required hereunder shell be prorated based upon ~ thirty (30) day month. 7.) In the event of any potential change in ownership of the property herein demised, Lessor agrees to notify Lessee of such a potentlel chen~e ~t least thirty (30) days prior tO any closing cOnSUmating said change in ownership and to include the name and address o~ a~y and ell prospeclive purcha~eda). Lessor turther ~gree~ to give a~d deliver lo any and ell such prospective purchaserl S ) Iormal, whiten notice el the existence el th~sL ease at lea~t thirty (~0) days pHor /o such · closing '~X~'~A~~'~ ~H ~~X~ 8.) Unle~ ~peclfically stated otherwise herein, Lessor represents and w~rrenfs that he I~ either fha owner or fha authorized leant of fha Owner el fha properly herein demised, tnd that he he~ full authority fo enter into this Lease. Lessor convenants and war,ants that il Lessee shall pay fha rental es herein provided and shall keep and perform fha other covenants herein stated. Lessee shell and m~y peeceably and quietly have. hold, and enjoy the use of the premises herein demised Ior fha term of the Lease. . I0.) Lessee agrees to ~ave Lessor harmless from ~ny and all claims or demands on account o~ bodily Injury or physJcal property demage caused by or resulting from any negligent or w#lful acts of [ez~ee's eeents or employees in the construction, maintenance, repair, change, or removal of L essee 'a structureS) on the property and agree3 to Car~, at its own cost and e~pense. ~dequate public liabildy insurance covering any such contingencies 3o long as this Lease shall remain In el/ecL Lessor agrees to save Lessee hermlese from a~F and all claims or demands on eccounl of bodily InJu~ or physical property damage caused by or resulting from any negligent Or willful acta of Lessor or Lezsor's t ~.) Neither Lessor nor Lessee shall be bound by ~ny agreement or representation expressed or I~plled not contained herein. This Lease shall be deemed to have been accepted and its terms enforceable only upon the acceptance hereof by en executive officer of Lessee In the space provided. Following such acceptance. It shall Inure to the benefit of ~nd be binding upon the parlies he~elo and to their respective lenants, heirs, 3ucc98so$3, personal representatives, execulor3, administrator& and KUNZ & CO. ~e,,ed~y R. M. Talaga Owner/La.or Date ^ccep,ed by ~m~m~mx ['i tle Loc,,,o.~e,c,p,,o.: _~_5670_1~. G~clen St:af.P H~- W/L S/o K~rn River~ Bakersfield A Certificate of Insurance, naming the.City of Bakersfield as a named insured under a Liability Insurance Policy and coverage provided by KunZ & Co., Inc., shall be attachec to this Sign Location Lease Agreement, and made a part thereof~ Each succeeding year that this lease agreement remains in full force and effect, a hew Certificate of Insurance shall be issued. Lessee agrees to pay all costs of suit arising from the breach of any covenant or Con- dition herein contained, on the part of .the Lessee to be kept or performed. The City of Bakersfield, California, Shall be entitled to such reasonable attorneys' fees as shall be fixed by a court' of competent jurisdiction and all other costs and expenses of suit. FOR OFFICE USE ONLY F,.S'G"FACE 'ZE.,. · Side Hwy: US E DF RH/$B Facing Traffic: N ~ E W ~ Ft. Lath. V Type SIGN FACE SIZE Side Hwy: N S E W ~ Ilium. ~ D/L S-B-S Facing Traffic: N S E W Ft. HI. X Ft. Lgth. o.~. ,.,,.,,.~ E~.i~g .A~ Ex i s t i n~ Existing Existing Existing In.fatted ~y Set ~ack: R.O.W. ~lde: 33~-20 NI/2__ OF SEC. 24 T. 29 S. R. 27 E. School D;$'r. 5d'-5 /-/ $~-2_0 st dOAC. I I / t OFFICE ,OF CITY ATTORNEY RICHARD J. OBERHOLZER ARTHUR J. SAALFIELD City Attorney JERRY WEBER Assistant City Attorney 1501 TRUXTUN AVENUE Claims Administrator J. DEAN RICE BAKERSFIELD. CALIFORNIA 93301 DAVE HASKINS Deputy City Attorney Telephone (805) 326-3721 City Attorney Investigator Deputy Cl,y Attorn.v May 10 , 198 ' ROBERT M. SHERFY Deputy City Attorney MAY ALAN D. DANIEL ~ OF BAKE.RSFIE/D Deputy City Attorney O*~:~*~'t~ ~ ~A~ Robert M. Grogan Marketing Manager National Advertising Co. P. O. Box 12300 Fresno, CA 93777 RE: Billboards on City Property Dear Mr. Grogan: This letter will confirm our telephone conversation of Thursday, May 9, 1985, wherein it was agreed that National Advertising Co. would pay the City of Bakersfield $150.00 per year, per face of each billboard located on City property over the last four years. As I understand our agreement, National will pay the said $150.00 a year from January of 1980 through December of 1984. I have enclosed a Copy of our recent agreement with Kunz and Co. concerning a billboard they have located on City property. While this contract is not final, I expect it to be very close to the final document that will be signed between the City and Kunz and Co. Please let me know if this contract is acceptable to you as it now reads. It is my understanding that you are currently willing to pay $300.00 per face per year per billboard located on City pro- perty. While I am not in a position to guarantee that this will, in fact, be the final agreed price between National Advertising and the City, I will present this proposal to the Department of Water Resources for their evaluation and comment. In my opinion, the $300.00 price is very close to what will be acceptable by the Department of Water Resources. I will keep you informed of the Department of Water Resources' decision on this matter. It is my understanding that National Advertising will be willing to pay the "going rate" for billboards on City property beginning in January of 1985 and continuing yearly thereafter. If the $300.00 per face price is agreed to, National Advertising will pay the entire $300.00 for the year of 1985, and for each year thereafter as agreed to in any subsequent contract that may be negotiated be- tween us. Billboards on City Property May 10, 1985 Page Two Please call me if you have any questions concerning this matter. Please let me know at the earliest opportunity whether or not the contract supplied will be acceptable.to National. Thank you very much for'.your time in this matter. Sincerely, _~Alan Dale Daniel--~-~--~_ ~ Deputy City Attorney ADD:kda cc: Gene Bogart Pat Hauptman '1.