HomeMy WebLinkAboutAGRMT NO KRGSA 19-010KRGSA 19-010
Sustainable Groundwater Management Act Management Agreement
with
Kern River Groundwater Sustainability Agency
This Agreement ("Agreement") .is made and entered into this 61- day of
1)UM6W, 2019, by and between the Kern River Groundwater Sustainability Agency
("KRGSA"), and the landowner identified in Exhibit A ("Landowner"). KRGSA and
Landowner are sometimes each individually referred to herein as a "Party" and collectively
as the "Parties."
RECITALS
WHEREAS, Landowner is an individual, or authorized agent of an entity owning
real property in. Kern County, California ("Landowner Land") located outside of the
KRGSA's boundaries, which boundaries are generally shown on Exhibit B, attached hereto
and incorporated by reference.
WHEREAS, KRGSA is an exclusive Groundwater Sustainability Agency formed
pursuant to the Sustainable Groundwater Management Act ("SGMA") and created by its
members, the City of Bakersfield, Improvement District No. 4 of the Kern County Water
Agency, and Kern Delta Water District ("KRGSA Members") and which overlies a portion
of the Kern County Sub -basin (Basin Number 5-022.14, DWR Bulletin 118).
WHEREAS, the Landowner Land is overlying the Kern County Sub -basin (Basin
Number 5-022.14, DWR Bulletin 118). The Department of Water Resources (DWR) has
designated the Kern County Sub -basin a high-priority and critically overdrafted basin.
WHEREAS, the Landowner desires that the Landowner Land be included within
the KRGSA's GSP so as to provide a process for the Landowner Land to be subject to a
GSP and KRGSA is willing to include Landowner Land in its GSP and manage Landowner
Land pursuant to SGMA and in accordance with this Agreement.
WHEREAS; KRGSA shall endeavor to modify the KRGSA boundary to include
Landowner Land.
WHEREAS, the Landowner intends to waive certain provisions of SGMA that
may limit KRGSA's SGMA jurisdiction over the Landowner Land, and expressly requests
that Landowner Lands be managed pursuant to SGMA by the KRGSA.
WHEREAS, the Parties understand that neither the inclusion of the Landowner
Land within the KRGSA's GSA, GSP, nor this Agreement, in any way provides
Landowner with a right to any portion of the water supplies owned by the KRGSA
Members.
NOW, THEREFORE, in consideration of the foregoing Recitals and the
following terms and conditions, it is agreed by and between the Parties as follows:
Page I of 9
I. PURPOSE OF AGREEMENT
The Parties enter into this Agreement solely for the purpose of providing the
Landowner a process to attempt to comply with SGMA through the inclusion of the
Landowner Land within the KRGSA's GSP. Neither the KRGSA, the KRGSA Members,
nor any landowners within the KRGSA's boundaries are committing anything to the
Landowner or the Landowner Land except for the inclusion of the Landowner Land within
the KRGSA's GSP, provided that Landowner complies with the terms of this Agreement,
the KRGSA GSP, and any other rules, regulations, ordinances, and resolutions of the
KRGSA adopted pursuant to Water Code Section 10725.2.
II. TERMS AND CONDITIONS OF INCLUDING LANDOWNER LAND
WITHIN THE KRGSA'S GSP
1;. Commitment;to4nelude.Landowner.Land,in:KRGSA'.S...GSP. The KRGSA
hereby agrees to include the Landowner Land within the KRGSA's GSP, and the
Landowner hereby agrees for the Landowner Land to be included within and managed
pursuant to the KRGSA's GSP, and to otherwise be subject to regulation and management
by the KRGSA, provided that the Parties have complied with all provisions of this
Agreement. Landowner acknowledges that there might be additional reporting
requirements, monetary charges, or compliance measures imposed upon Landowner in
connection with SGMA by the California Department of Water Resources ("DWR"), the
State Water Resources Control Board, the courts, or other agencies or bodies with the
authority to enforce terms and conditions of SGMA separate and apart from the KRGSA
and the KRGSA GSP. Landowner acknowledges and agrees that the KRGSA has no duty
under this Agreement or ability otherwise to prevent such measures from being imposed
on Landowner.
2. Landownigi Cbgperation: The Landowner agrees to and shall be
independently responsible to provide information and funding at the request of the KRGSA
to maintain and support the efforts to include the Landowner Land within.the KRGSA's
GSP so as to comply with SGMA and any future statutory laws and regulations that may
be adopted to amend SGMA, supplement SGMA, replace SGMA or other laws or
regulations adopted to engage in the sustainable management of groundwater in relation to
the Landowner Land. Landowner agrees to and shall comply with the KRGSA's GSP,
rules, regulations, and policies, as may be adopted and as may be amended from time to
time.
3. Regulation Contingent -,on, Funding. Landowner acknowledges and agrees
that the KRGSA's inclusion of the Landowner Land within the KRGSA's GSP, and
KRGSA's efforts to include the Landowner Land within the KRGSA's GSP pursuant to
this Agreement, are contingent upon Landowner's regular and timely payment of KRGSA
Fees and Charges, which include but may not be limited to the following components (1)
the general administrative expenses of the KRGSA, (2) costs for consultants retained by
the KRGSA for the purposes of developing or implementing the KRGSA's GSP, (3)
Page 2 of 9
administrative or other costs the KRGSA incurs in implementing SGMA, and (4) any other
costs attributable to managing Landowner Land pursuant to SGMA and/or the KRGSA
GSP.
Upon final execution of this Agreement, KRGSA shall bill and Landowner
shall pay the KRGSA $8.00 per acre of Landowner Land as an initial payment to fund the
KRGSA's efforts made pursuant to this Agreement.
4.Iefiernnaton . of FundiriF. (7bli tion. The amount of any additional
payments required for services rendered by the KRGSA or others for the purposes of
fulfilling the obligations set forth herein, or the formula for the calculation of such
payments, and the method of such payments, shall be determined by the KRGSA, and
notwithstanding any provision of law, the Landowner agrees and consents to a fee, charge
and/or assessment being levied on Landowner Land for such Charges.
5. Failure to Satisf Landowner
acknowledges and agrees that if, for any reason, Landowner refuses or otherwise fails to
remit any payment required hereunder, in the amount and using the method determined
and requested by the KRGSA, or fails to comply with the requirements of the GSP and its
management and regulation ("Defaulted Landowner") the KRGSA:
(a) shall be relieved of any and all obligation to proceed with including
the Defaulted Landowner's Land within the KRGSA's GSP;
(b) shall be relieved of any and all obligation to provide the services and
obligations enumerated in this Agreement to a Defaulted Landowner; and
(c) may, in its sole and absolute discretion, seek to remove the
Defaulted Landowner's Land from the KRGSA's GSA and GSP and no longer manage
such lands pursuant to SGMA, all at Defaulted Landowner's expense. In such event the
Defaulted Landowner agrees to obtain regulation under SGMA by some other method
separate and apart from the KRGSA pursuant to the terms for a withdrawing Landowner
set forth in Paragraph 6 of this Agreement, or as otherwise agreed among the Parties.
(d) may, in its sole and absolute discretion, place a lien upon the
Landowner land for amounts due but not paid, and/or seek specific performance or
obtain any other remedy or relief available at law or in equity; and
(e) shall have no obligation to reimburse_ Landowner for any KRGSA
Fees and Charges paid to such date.
6. No Protest in Case of Removal of 'Defr t}lted Landowner Land: Duty to
Lope ate: Landowner agrees that if Landowner breaches the terms of this Agreement,
including but not limited to the refusal or failure to follow the KRGSA. GSP, or to remit
any payment required herein, following notice of the alleged breach and reasonable
opportunity to cure, the KRGSA may, in its sole and absolute discretion, seek to remove
the Defaulted Landowner's Land from the KRGSA's GSA and GSP, and if the KRGSA
Page 3 of 9
does so, the Landowner shall not lodge any protest, participate in any protest hearing, or
act in anyway to influence the outcome of the KRGSA's decision. Landowner further
agrees to work in good faith with the KRGSA to provide the KRGSA any materials or
information in Landowner's possession or control that may, in the KRGSA's sole
determination, be necessary or appropriate to effectuate the KRGSA's decision to remove
the Defaulted Landowner Land from the KRGSA's GSP, including, but not limited to,
providing timely responses to requests for information and meeting with KRGSA
representatives to establish terms of removal.
7. (a) Landowner expressly disclaims any right to any
KRGSA Member's water rights, water supplies, or facility usage other than through a
negotiated purchase, transfer, or exchange that Landowner has obtained or may obtain
wholly outside of this Agreement and not related to this Agreement. Landowner
understands and agrees that as a result of the foregoing disclaimer; among other things,
inclusion of the Landowner Land within the KRGSA's GSA or GSP will not entitle -
Landowner to receive any portion of a KRGSA Member's water supply or facility usage.
Landowner further understands and agrees the sole purpose of this Agreement is to provide
the Landowner a process to obtain SGMA coverage for Landowner Land through the
KRGSA's GSP. Landowner further understands and agrees that any other benefits
accruing to the Landowner Land and/or to Landowner as a result of this Agreement are
purely incidental and shall not give rise to any expectation, entitlement, or right to any
KRGSA Member's water supplies of any kind, including, but not limited to, Kern River
water, State Water Project water, Central Valley Project water, supplies from any lake,
river, stream, manmade conveyance, or aquifer that the KRGSA Member purchases,
acquires, transfers, exchanges, takes receipt' of or otherwise controls, including
groundwater supplies or any return flows that may enter the underground aquifer as a result
of delivery by the KRGSA Member of any of the foregoing water supplies, or any other
designation or classification of KRGSA Member's water whatsoever, whether in existence
at the time this Agreement is executed or created at some future time.
(b) As a material provision of this Agreement, Landowner expressly
agrees, acknowledges, and understands that the KRGSA was formed to better serve the
lands located within the KRGSA Members' boundaries and to provide for the sustainable
management of groundwater underlying such lands, and that to the extent any additional
water supplies may be needed for sustainability purposes now or in the future, such water
supplies would be obtained independently by the City of Bakersfield, Improvement
District No. 4 of the Kern County Water Agency, and/or Kern Delta Water District for the
benefit of lands underlying the boundaries of such KRGSA Members. Landowner
expressly disclaims and waives any claim or right that the KRGSA must or should
obtain any water supplies, and understands that to the extent water supplies are
needed, such supplies will be obtained independentiy by City of Bakersfield,
Improvement District No. 4 of the Kern County Water Agency, and/or Kern Delta
Water District for the benefit of lands underlying such KRGSA Members and -will
not be obtained by the KRGSA, and hence would not be available to lands outside of
the boundaries of the KRGSA Members, including Landowner Land.
Page 4 of 9
(c) Landowner recognizes that absent an imported supplemental
surface water supply or supplemental groundwater supply, either presently
available to .Landowner Land or later provided directly to Landowner Land by other
sources, the Landowner's ability to pump groundwater may be curtailed pursuant
to the GSP.
8. No Wluntac� Consent. Once the Landowner Land is included within the
KRGSA's GSP and the GSP is approved by DWR, Landowner hereby agrees not to consent
to the inclusion of the Landowner Land within another GSP developed by any entity other
than the KRGSA without the KRGSA's express prior written consent.
9. _Natee:..of'.Agreenaent. Landowner agrees to provide a copy. of this
Agreement to each and every person and entity who owns or receives any interest in any
portion of the Landowner Land.
10. ,Runs._.with the Land. The benefits and burdens of this Agreement are
intended to attach to and run with the land described in Exhibit A to this Agreement, are
related to the direct benefit, use, maintenance, and improvement of the Landowner Land,
and shall be binding on and inure to the benefit of the Parties and their respective legal
representatives, successors, heirs and assigns. It is the intent of the Landowner, from the
date of this Agreement, that the equitable servitudes, covenants, conditions, restrictions,
assessments and other duties and obligations contained herein, or contained . in the
KRGSA's GSP as may be adopted and amended from time to time (so long as such lands
have not been withdrawn from management under the KRGSA GSP pursuant to this
Agreement), run with the land and shall be binding on any and all successors or assigns.
All persons or entities claiming under the Parties, or who accept deeds, leases, easements
or other grants of conveyances to any portion of the Landowner Land agree that they shall
be personally bound by all of the provisions of this Agreement, and shall conform to and
observe the provisions of this Agreement and the KRGSA's GSP. The Parties agree that a
covenant evidencing this Agreement and its nature as attaching to and running with the
land shall be executed by the Landowner and recorded with the-Clerk/Recorder of the
County of Kern as a condition to the inclusion of the Landowner Land within the KRGSA's
GSP. Upon withdrawal of Landowner Land, a notice to such effect shall also be executed
and recorded.
11. Entire_=At;reemel t Amendments or A d fi'cations,. The Parties agree that
this Agreement contains" the entire Agreement and understanding concerning the subject
matter among the Parties and supersedes and replaces all prior negotiations of proposed
agreements, written or oral, if any. This Agreement shall not be amended or modified
except in writing, executed and agreed to by all of the Parties to this Agreement.
12. Effective [Ilcgaliw if any paragraph, sentence, clause, or phrase becomes
illegal, null, or void for any reason or is held by any court of competent jurisdiction to be
illegal, null, void, or against public policy, the remaining paragraphs, sentences, clauses,
or phrases are not affected, and the Parties shall negotiate an equitable adjustment of the
affected provision with a view toward effecting the purpose of this Agreement.
Page 5 of 9
13. N6 Third -Party Rights`. Nothing in this Agreement, whether expressed or
implied, is intended, or is to be construed, or otherwise interpreted as, conferring any, rights
or remedies on any third parties. Also, nothing in this Agreement gives any third parties
any rights of subrogation against any Party.
14. Governing Law and Venue. This Agreement is entered into and performed
in the State of California and is to be interpreted pursuant to the internal substantive law,
and -not the law of conflicts, of the State of California. Venue in any action brought under
this Agreement shall be in the. Superior Court of the County of Kern, State of California.
15. Indemnification. Landowner ("Indemnifying Party") shall protect, defend,
indemnify -and hold harmless the KRGSA, the KRGSA- Members, and their respective
directors, officials, officers, managers, employees, contractors, consultants, and agents
("Indemnified Party") from and against all liabilities, obligations, claims, damages,
penalties, causes of action, costs and expenses (including, without limitation, attorneys'
fees and expenses) imposed upon, incurred by, or asserted against an Indemnified Party
arising out of, resulting from, or in connection with (a) any indemnification obligation
undertaken by the KRGSA or a KRGSA Member with respect to the Landowner or the
Landowner Land now or in the future, and (b) any action taken or omitted to be taken by
the Indemnifying Party under or related to this Agreement or the KRGSA GSP, including
but not limited to the following: (i) the actions or omissions by Landowner or Landowner's
affiliates, members, managers, employees, contractors and agents related to this Agreement
and/or the KRGSA or its GSP; (ii) Landowner or Landowner's affiliates, members,
managers, employees, contractors and agents' violation of any applicable laws or
regulations; (iii) the failure on the part of Landowner or Landowner's affiliates to perform
or comply with any of the terms of this Agreement and/or the KRGSA GSP; or (iv) the
inclusion of Landowner Land in the KRGSA GSP, provided, however, that such indemnity
shall not extend to any such suit, claim, or damage to the extent caused solely by the
negligent or wrongful acts or omissions of any Indemnified Party. The indemnification
provisions in this section shall survive expiration or termination of this Agreement, and
shall not be restricted to insurance proceeds, if any, received by the KRGSA, or the
KRGSA Members, or their respective directors, officials, officers, managers, employees,
contractors and agents.
16. _SGMA Jurisdictional Waiver. Landowner knowingly and voluntarily
waives any provision of SGMA, the regulations implementing SGMA, or other provision
of law that limits or restricts KRGSA's jurisdiction over Landowner Lands, including the
provision of Water Code section 10726.8 (b) which states, among other matters "Nothing
in this part shall be construed as authorizing a local agency to ... impose fees or regulatory
requirements on activities outside the boundaries of the local agency." Landowner
expressly waives such provision(s) and expressly requests and authorizes the KRGSA to
impose SGMA related fees and regulatory requirements on activities related to Landowner
Lands, as set forth in this Agreement.
17. Effective Date and `;Orin of Agreeineiit. The effective date of this
Agreement shall be the date as referenced above. This Agreement shall remain in effect
Page 6 of 9
xvitli respect to the Landowner unless and until either (i) termination by mutual agreem}!I�nt
Landowner the Parties, (2) such Landoner fails to perform according to the terms of this
Agreement. or (3) such Landowner withdraws from the Agreement pursuant to Section 6
hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to I
executed. the days and year first -above written.
KRGSA LANDOWNER
KERN RIVER GROUNDWATER LAKEVIEW FARMS
SUSTAINABILITY AGENCY
n
RODNEY PALLA JOHN SCHONEVELD
Chairman
APPROVED AS TO FORM: COUNTERSIGNED:
KRGSA ATTORNEYS KRGSA MANAGERS
By. _
RGINIA GENNARO
ROBERT HARTSOCK
AMELIA T. MINABERRIGARAI
By:
—4�2 -
DAVID BEARD
ART CHIANELLO
L. MARK MULKAY
Nee 7 ofl)
EXHIBIT A
A
tl,istof Landowner & Proper
NAME APN ACRES
LAKEVIEW FARMS 1814-030-46 290
Page 8 of 4
EXHIBIT B
-- FOR OFFICIAL USE ONLY ---
Kern River Groundwater Sustainability Agency (GSA)
Lakeview Farms
Awl
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.. -np ramal
a -'�` • Z f
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E
TA it1Kc ecCt
LAKE. BED,
18403046
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0 s . 3.25 6.5
Miles
Arvin
Kern River GSA Boundary
® Lakeview Farms (Add to KRGSA)
Page 9 of 9
Jon Lifquist, Assessor -Recorder Tr
Kern County Official Records 1/06/2020
11:53 AM
Recorded Electronically by:
017 City of Bakersfield City Clerk
FOR THE BENEFIT OF AND RECORDING DOC* 220001428 Stat Types: 1 Pages: 2
REQUESTED BY AND MAIL TO: FEES .00
TAXES .00
KERN RIVER GROUNDWATER OTHER .00
SUSTAINABILITY AGENCY 220001428 PAID .00
c/o City of Bakersfield
1600 Truxtun Avenue
Bakersfield, CA 93301
NOTICE
Please take notice that each parcel of land referenced below is subject to the jurisdiction of
the Kern River Groundwater Sustainability Agency and other matters pursuant to agreement
number KRGSA 19-010 entitled "Sustainable Groundwater Management Act Management
.Agreement with Kern River Groundwater Sustainability Agency," dated December 5, 2019, a copy
of which may be obtained from the Kern River Groundwater Sustainability Agency.
PARCEL NO.: 184-030-46
Dated: LAKEVIEW FARMS
/
By:—,/
Jxz/..1
Printed Name:
FOR THE BENEFIT OF AND RECORDING
REQUESTED BY AND MAIL TO:
KERN RIVER GROUNDWATER
SUSTAINABILITY AGENCY
c/o City of Bakersfield
1600 Truxtun Avenue
Bakersfield, CA 93301
AKUVE IKIJ Wnr: tUK
NOTICE
DOCUMENT
ELECTRONICALLY
RECORDED IN THE
OFFICIAL RECORDS
Please take notice that each parcel of land referenced below is subject to the jurisdiction of
the Kern River Groundwater Sustainability Agency and other matters pursuant to agreement
number KRGSA 19-010 entitled "Sustainable Groundwater Management Act Management
Agreement with Kern River Groundwater Sustainability Agency," dated December 5, 2019, a copy
of which may be obtained from the Kern River Groundwater Sustainability Agency.
PARCEL NO.: 184-030-46
Dated: / &— Z &a0 LAKEVIEW FARMS
Printed Name:
.!/ f► ';
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached and not the
truthfulness, accuracy or validity of that document.
State of California )
County of Van )
On )afNU0rq gyp,'DODO , ; before me, Ni � o%'u 4
Notary Public, personally appeared 3 oAn r\ S 6-N o n.LyQ-\ A ,
who proved to me on the basis of satisfactory evidence to be the person(R) whose name(<f
is/atesubscribed to the within instrument and acknowledged to me that he/sketthey executed
the same in his/hzr4their authorized capacity(iA�s), and that by his/herAkir signature(61 on the
instrument the person(s), or the entity upon behalf of which the person�4 acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
AA
Signature , �/ I (Seal)
�., ••,ti JENNIFER N. OBERT
.*" Notary Public - California
Kern County
Commission # 2248773
My Comm, Expires Jul 31, 2022