HomeMy WebLinkAboutAGRMT NO KRGSA 19-011KRGSA 19-011
Sustainable Groundwater Management Act IN:anagement Agreement
with
Kern River Groundwater-Sustainahility Agency
This Agreeihent ("Agreement") is. made and entered into this 646 day of
-UU,� 2019, 6y and between the Kern River Groundwat4r. Sustainability Agency
("KRGSAI, and the. landowner identified in I xhibit.A (:`Landowner"). KRGSA and
Landowner are sometimes each individtially.referred'to-]aerein as a "Patty" and collectively
as the "Parties;" .
RECITALS
WH REO, 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 Exhibk.B, attached.here.0
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
Agieridy, and Kern Delta Water District ('XRGSA M ernbers") and which overlies a portion
of the Kern County Sub -basin (Basin Number 5-022.14; DWR. Bulletin 118).
Vllti REAS, the Landowner Land .is overlying the Kern County Sub -basin (Basin
Number 5-022.14, DWR- Bulletin I M). The Deparia ent of water Resources (DWR) has
designated the Kern Count} Sub -basin a high-priority -and critically- ovcrdrafted basin.
WHEREAS; the Landowner desires that the Landowner Land be included within
the KR.GSA's GSP sb as to provide a process for the Landowner land to be subject to a.
CrSP and KRGSA is.wiliing tQ include Landowner Land in its GSP and manage Landowner
land pursuant to $GMA and in accordance with this.Agreetnent.
WHEREAS, KRGS.A shall endeavor to modify the KRGGSA. -boundary to include
Landowner Land.
WHEREAS, the. landowner intends to. waive certain provisions of SOMA that
may. lirriit KRGSA's SGIVIA. jurisdiction over the Landowner Land,. and expressly requests
that Landoix-ner Lands be inanaged pursuant to SGMA by the KRGSA.
WHEREAS, tyle Perties understand that neither the inclusion of the Landowner
Land within the KRGSA's GSA.; GSP, nor this A.greemcnt, in. any way provides
I..andt�wrrer with a right to ariy portion of the water supplies owned by the KRGSA
Members-.
NOW, TH iREFORE, in corisideration of the foregoing Recitals and the
following terms and conditions,.it is -agreed by and between the Patties as.fcillows:
Page I of 9
L. PURPOSE OF AG.142T1Mi4'I;E, NT
The Parties enter into. this Agreement solely for the purpose of providing -the
Landowner a process to.. atte:.rapt to comply with SGMA through the inclusion of the
Landowner -Land within the KR.GSA's GSP. Neither the KRGSA, the KRGSA. Members,
nor any landowners- withiii the KRGSA's boundaries are committing anything to the
Landowner or the Iaandowner Land except -for the inel.usion of the .Landowner Land within
the KRGSA'sCiSP, 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.
11. TERMS' AND CONDITIONS OF INCLUDING LANDOWNER LAND
MITHIN THE, KRGSA'S GSP
I. Commitment to Include Landowner Land -.in..K.RGSA'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 GSI .. and to otherwise be subject to .regulation and management
by the KRGSA, provided that the Parties have complied with all provisions or this
Agreement: Landowner acknowledges that there might be additional reporting
requirements,. monetary charges,. or compliance - measures imposed upon Landowner in.
connection with SOMA 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 bf SGMA separate and apart from the KRGSA
and the KRGSA.GSP.. Landowner acknowledges and agrees that the KRGSA has no duty
tinder this Agreement or ability otherwise to peevent such measures from being imposed
on Landowner,
2. Landowner C:csoperatitn. The Landowner agrees to and. shall be
independeittly responsible to prinformation and fbnding�at the request.ofthe 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 SIGMA, supplement SOMA, replace -SOMA or oilier 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. fiegglaiion Contingent on Fun_ diaa..Landowner. acknowledges and agrees
that the I<RGSA.'-.s inclusion of the Landowner Land within the KRGSA's CTSP,. and-
KRGSA's efforts to include the- Landowner Land within the KRGSA's GSP pursuant to
this Agreement, are:contingent upon Landowner's.regLdar and timely payment ot'KR.GSA
Fees and Charges, which include but may not be limited to the following components.(I)
the general administrative expenses of the KRGSA, (2) costs for consultants retained by
the .KRGSA for the purpose, or developing or implementing. the KRGS.A`s GSI', (3).
Page 2 of 0
administrative .or.other costs. tile KRGSA incurs in implementing SCiMA, and (4) any other
costs attributable to managing Landowner Land pursuant to SGMA ani!/or the KRGSA
GSP.
Qpon final execution ofthis Agreemeni, KRGSA shall bill and Landowner
shall pay- the KRGSA $8.00 per acre of Landowner Land as an initial payment to fiend the
K.RCS'A's efforts trade pursuant to this Agreement.
4. Determination :af fundin ► t'b ig4tion. The atnnunt of any .additional
payments required for services rendered by the KRGSA or others forte, purposes of
fulfilling- the obligations set forth herein,. or the formula for the calculation of such
payments, and the method of such payments.,.. shall be, determined by the KRGSA, and
notwithstrinding any provision of law, the Landowner agrees and consents to. a fee, charge
acrd/or assessment being levied on Landowner .Land for such Charges.
S. f=ailure toSatisfy. Fdriding Obligatidri & G51? Yte reirier?#s. Landowner
acknowledges. and agrees that if; for any'reason. Landowner refuses or atherwlse fails to
remit any payment required hereunder, ,in the amount and using the' method determined
and requested by t$e 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. GS.i?;
(b) shall be relieved of any -and all obligation to provide the services and
obligations enumeiated.in this Agreement to a Defaulted Landowner; and
(c.) -may., in its sole and absolute- discretion, §eek to remove the
Defaulted Landowner's Land front the KRGSA's GSA and GSP and. no longer manage
such lands pursuant to SGMA, all at -Defaulted Landowner's expense..ln such, event the
Defaulted Landowner a€,nees 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 agredd airiong the Parties.
(d) may, in its sole and absolute discretion, place a lien upon the
Landowner land for-Quiounts due but not paid, and/or seek.specific pe.rforniance or
obtain any other remedy or reliefavailable at law or in equity; and
(e) shall have. no obligation to reimburse Landowncr for any KRGSA
[Fees and Ch-arges*paid to such date.
6. � o -protest in Case of'Removal of Defaulted Landowner Land_ Duty to
Coo eeratg. Latidowner agrees that if landowner breaches the- terms of this .Agreement,
including but .not limited to the refusal car failure to follov, the KRGSA GSP,..or to remit
any payment required heteirt, killowtng notice of the alleged breach and reasonable
opportunity to cure, the *KRGSA may, in its sole and absolute discretion, seek to remove
the Defaulted I,an:downer's Land from the KRGSA's GSA and GSI', and if the KRGSA
Page 3 cif' 9k
does so, the- Landowner shall not lodge any- protest, participate in any protest hearirig,.-or
act in any way to influence dw. -outcome of the KR.C;SA's decision. Landowner further
agrees to work in good faith with the KRGSA 'to .provide the KRGSA any materials or
information in Landowlier'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. .Disclairn Water Rights. (a.) Landowner expressly diaclaims'any•right.to arty
KRGSA Member's water rights,. water supplies; or facility usage other than through a
negotiated pbrdhase,transfer, or ez:chancre 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 for..egoin disclaimer, among other things,
inclusion of the Landowner Land within the KRGSA's GSA or GSP will not entitle
Landowner to receive any portibn of a KRGSA Membek's water supply or fac:il'ity usage.
Landovyner fur Cher under,st$nds and agrees the sole .purpose of this Agreement is to provide
the Landowrer a process to obtain SGMA coverage f .. Landowner Land. through the
KRGSA's. GSP. Landowner further understands and agrees .thgt any other benefits
accruing to the Landowner Land and/or to Landowner as a. result of this .Agreement are
purely incidental and ;Bali not give rise to any expectation, entitlement, or right to any
KRGSA Member's water supplies of any k.irid, including; but not limited to, Kern. Riper
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, transf'eis, exchanges, takes receipt of or otherwise controls, including
gr��undvvater supplies or any. return- flows that may enter the undergi ound aquifer as a iesult
of delivery by the KRGSA Member of any of the Ibregoing water supplies, or any other
designation or clas-kific:ation of KRGSA Me'mber's water whatsoever, whether in existence
at fhb time this Agreement is executed oe created at some future time.
(b} As a rnaierial provision of thus Agreemeni, Landowner expressly
agrees. acknowledges; and understands that. the KRGSA. was formed to better serve the
lands located within the KILOSA Members' boundaries and to provide far the sustainable
managerneiit of groundwater uinderlyisrg such lands, and that to the extent any additional
vt ater supplies may be needed. for sustainability purposes now or in the future, such water.
supplies would be obtained independently l y the City of Ralcersfel . improvernenf
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 waiter any claim or right that the KRGSA must or should
obtain any water suliplies, and understands that to the extent water supplies are
needed, such supplies will be obtained indei pendently by City of Balctrsf{cid,
Improvemetrt District No, 4 of the Kern County 'Water Agency. arrd/or Kern Delta
Water District for th-e benefit of lartds underlying such KRGSA. i'Vllentbers and will
not be obtained l y the KR.GSA, and hence would not be -available to lands outside of
the boundaries of the KRC;SA. Members. including Landowner Land.
Pap. 4 of 9
(e) Landowner recognizes, that absent an imported supplemental
.surface water supply or supplemental groundwater supply, either presently
available to Undowner Lund or later provided directIv-to Landowner Land by other
sources, the Landowner's ability to pump grboxidwater may. be curtailed pursumit
to the GSP.
$. HI 'ttluiita—r Consent. Once the Landowner Land is included within the
1 1 GSA's GSP coif the CsSP is approved by UWRL".Landowner lzecebv 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. Notice of Aw-cement. landowner agrees to provide a copy of this
Agreement -to each and every person and entity who owns or receives any interest in any
pogion of the Laridow.ner Land.
10. !funs with the .Land. The benefits and burdens of this Agreement are
intended to attach to and run. with. the land described in f x.hibit A to this Agreement, Are
related to the direct benefit,. use, thaintenance, and.ismprovemerit-ofthe Landowner Land,
and shall be binding on and inure to. the benefit of the Parties and their respective leggy]
representatives, successors, heirs and. assigns. U is the intent of the Landowner, from the
date of This Agreement, that the equitable servitudes, eoveinants, conditions, restrictions;
assessments and other duties and obligations contained. herein, or contained in the
K.RGSA's GSP as may be adopted and amended from time to tune (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 can any -and -all .successors or assigns:
All persons or entities claiming under the Parties, or who accept deeds, leases, easeinents
or other grants of conveyances to any portion of the Landowner [.acrd agree that they shall
be.personally bound by all of the provisions of .this A.greeident, and. shall conform to -and
observe tiieprovisions of this Agxcement and the KRGS A's GSP. The Parties agree thata
covenant evidencing this .Agreentent and its nature as. attaching to and running with the
land shat l tie executed by the Landowner and recorded with the Clerk/Recorder-of the
Caunty ofKem as a condition to the inclusion ofthe Landowner Land within the KRGS.A's
GSP. Upon withdraw=al OfLandowner-Land, a notice to such effect shall also -be executed
and recorded.
11. 'Entire Agreement: Amendments or l odificaflons, The Parties agree that
this Agreement containm the entire Agreernent "and understanding concerning the subject
matter among the Parties and suparsedes 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 Agree hent.
12. I ffi:otit�e I.11 litty, If any paragraph, sentence, Clause; or phrase becbrnes
illegal, hull, oe'void Cor any reason or is hold by any court of competerni jurisdiction to .be
illegal, -null, void. or:ag; irtst public policy, the rdmaining paragraphs, sentences, clauses,
or phrases are noCaffected, and the .F`'artics shall negbdate an equitable adjtistbi6nt of the
affected pravision tv-ith a view toward affecting the purpose of this Agrecmettt.
Page 5 F& 9
13, No Third4arj f .j Ig pis. Nothing in this Agreenie.nt, 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.. :Govgrni b, i,qvv aisd Venue. This Agreement is entered intoand performed
in the State of California.'and is to be interpreted pursusutt to the internal substantive law;
and not the law, of conflicts, of th.e'State of California, Venue in -any action brought under
this.Agreement shall be in the Superior Court of fbe County of Kem, State of California:
15, Indemnification. Landowner ("Indemnifying .Party") shall protect, defend,
indemnify aid 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, claints, damages,
penalties, causes of action, casts and expenses. (including, without ]imitation, attorneve
fees and expenses). imposed upon, incurred by, or asserted against anIndemnified Party
arising -out of resulting from, 'or in conncetiowwith (a) any inde.innification .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 emitted to be taken by
the Indemnifying Party under or related €o this Agreement or the KROSA GSP, inclilditlg
but not limited to the following; (i) the actions or omissions. by Landowlier.orLandowher's
of iii,iates, member~, 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 age:its Violation bf any applicable laws or
regulations; (iii) the failure on the part of..Landq- NN%er or Lando\vner'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, thatsuch indemnity
shall not. extend to any such suit, claim, or damage tea the extent caused solely by the
negligent or wrcingful acts or omissions of any Indemnified Party. The indemnification
provisions in this section shall survive e)) piration or termination of this Agreement, and
shall not be restricted to insurance proceeds. if any, received by the KRGSA, of the
KRGYSA Members, or their respective directors, (AT' als, officers, managers, einpLovees,
contractors and agents.
16, SG144A Jurisdictional Waiver. I.,atidowner knowingly and voluntarily
waives any prbAsion of SGMA, the regulatians,impl.ementing SGMA, or other provision
of lave° that limits or restricts KRGS,A'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 constwed.as authorizing.a local agency to ... impose fees orregulatory
requirements on activities outside the boundaries of the kcal agency." Landowner
Expressly waives such provision(s) and exlaressly requests and authorizes the KROSA to
irmpose.SGMA related fees and regulatory requirements >n activities related to Landowner
Lands, as set fcsctlt to this Ac-reelnent,
I7. i''-tfea h e- Date and Term The: effecthie dare of this
Aareernen€ shall be the date as referenced above. This. Agreement ~hall remain in effect
page. 6 est: 9
with -respect to -the Landowner unless and until either (I) termination by mutual agreement
of the Parties, (2) such Lapdorvner tails to perfarin according to- the teens of this
-Agreement, car (3) such 1,andowner 4 ididraws from the Agreement -pursuant to Section 6
hereof.
IN VL•' -NEI S -S WHE, RrnF, the panties hereto have caused this Agreement to. be.
executed; the day and year first -above written.
KRGSA
KERN RIVER. GROUNDWATER
SUSTAINABILITY AGENCY
RODNEY PALLA
Chairman
APPROVED AS TJ FORM:
KRGSA ATTORNEYS
V
IRINIAGENNARO.
ROBERT HARTSOCK.
AMELIAT. MINABERRIGARAI
LANDOWNER
GRIMMWAY ENTERPRISES, INC.
COUNTERSI't,NED:
KRGSA MANAGERS
DAVID BEARD
ART CHIANELLO
L. MARK MULKAY
Page 7 of -9
EXIBBIT A
[List of Landowaer & Property Descriptions[
NAME APN
G-RI.M.MWAY'r,-.NT-r,,'P.I'IZISUt S, INC. 188-250-09
ACRES
4..8
Page 8 of 9
EXHIBIT B
-- FOR OFFICIAL USE ONLY --
Kern River Groundwater Sustainability Agency (GSA)
Grimmway Farms
1=
N Ma i r-lu I x,% Hwy
W+r
0 S 3.25 6.5 Miles
1882i.0Q f.
Kern River GSA Boundary
MGrimmway Farms (Add to KRGSA)
Pave 9 of 9
FOR THE BENEFIT OF AND RECORDING
REQUESTED BY AND MAIL TO:
KERN RIVER GROUNDWATER
SUSTAINABILITY AGENCY
c/o City of Bakersfield
1600 Trurtun Avenue
Bakersfield, CA 93301
ABOVE THIS LBYE
Jon Lifquist, Assessor -Recorder JL
Kern County Official Records 1/10/2020
02:43 PM
Recorded Electronically by:
017 City of Bakersfield City Clerk
DOC* 220004128 Stat Types: t Pages: 2
FEES .00
1111111111111111111111 TAXES .00
OTHER .00
220004128 PAID .00
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 19-011 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.: 188-250-09
Dated:1I9�L 0 Z-0 GRIMMWAY ENTERPRISES, INC.
By:
Printed Name: C4e /wyal�cz 7
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
SPACE ABOVE THIS LIVE FOR
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 19-011 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.: 188-250-09
Dated:/`��L D Zo GRIMMWAY ENTERPRISES, INC.
By:Q��/,
Printed Name: clelw �(' y
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 Califo ria )
County of
On 2019, before me,
Notary Oublic, per ally appeared ,
who proved to me on the basis of satisf ct evidence to be the perso hose name
Ore subscribed to the within instrument and acknowledged to me tha she/they executed
the same irC&her/their authorized capacit)pa_s j, and that by i er/their signaturef s� on the
instrument the personw,, or the entity upon behalf of which the person/ 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.
MANDYG. HARRIS
Notary Public - California =
Kern County >
= r ;
Commission # 2274570
My Comm. Expires Feb 3, 2023
L. •
MANDY G. HARRIS
_�`•''N
i^ ` •
Notary Nota Public - California =
Kern County >
r.'.
•r;•.
r , ?
Commission # 2274570
My Comm. Expires Feb 3, 2023
Signature (Seal)•• •
MANDYG. HARRIS
Notary Public - California =
Kern County >
= r ;
Commission # 2274570
My Comm. Expires Feb 3, 2023