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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