Loading...
1983-1115_KINIOSHITA FARMS INC_Agreement for Reimbursement"City" AGREEMENT FOR REIMBURSEMENT OF MAJOR EXPENSES INCURRED IN CONNECTION WITH USE OF SAN JUAN BASIN AUTHORITY WATER FACILITIES This agreement is made as of the 15th day of November, 1983, by and between the City of San Juan Capistrano, hereinafter called "City" and Kinoshita Farms, Inc., hereinafter called "Farmer". WITNESSETH WHEREAS, Farmer requires a dependable and adequate source of water for the irrigation of 58 more or less acres of land in the City of San Juan Capistrano; and WHEREAS, Farmer's existing pump and well are inoperable and a substitute source of water must be secured; and WHEREAS, Farmer has, accordingly, entered into an Emergency Agricultural Water Agreement with the San Juan Basin Authority; a copy of the Agreement is attached hereto as Exhibit A and by this reference made a part hereof; and WHEREAS, Farmer, as a condition of such Agreement, must hold the ,uthority free and harmless from all costs, expenses and damages resulting to the Authority's water facilities; and WHEREAS, Farmer cannot afford to pay for major costs, expenses or damages, and desires that City as a part of its Agricultural Preservation Program, reimburse Farmer for expenses payable pursuant to Paragraphs 3, 5, and 8 of the Agreement. WHEREAS, City finds and determines that the availability of adequate and continuous source of irrigation water is essential to the continued preservation of agriculture in the City of San Juan Capistrano. NOW, THEREFORE, in consideration of the premises, City agrees to reimburse Farmer for expenses which have been assessed to Farmer by the San Juan Basin Authority under Sections 3, 5, and 8 of the Emergency Agricultural Water Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first above written. CITY AN JUAN CAPISTRANO KINOSHITA FARMS, INC. BY �Eis B Ma r Shigeru Kinosffita, Pres. Approved" as to ff9rm._-- ATTEST:,� U•• City Cler ty Attorney EMERGENCY AGRICULTURAL WATER AGREEMENT THIS AGREEMENT is made and entered into as of the 15th day of November "City" niz'V , 1983, by and between the SAN JUAN BASIN AUTHORITY, a joint exercise of powers authority organized and existing pursuant to Chapter 5, Division 7 (commencing at Section 6500) of the Government Code of the State of California (hereinafter referred to as "Authority"), and KINOSHITA FARMS, INC., (hereinafter referred to as "Kinoshita"). R E C I T A L S 1. Kinoshita desires an emergency source of agricultural water. 2. Authority has a temporary excess pumping capacity in its Confluence Pumping Field located near the confluence of San Juan Creek and Oso-Trabuco Creek. NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions herein contained, the parties do hereby agree as follows: SECTION 1. Authority agrees to allow Kinoshita to take surplus water from Authority's Well No. 2 during an actual emergency shortage of agricultural water available to Kinoshita. SECTION 2. "Surplus Water" is defined as water surplus to the Authority's needs to meet the demands of its member agencies. An "emergency shortage of agricultural water" is defined as occurring when the amount of water necessasry for proper irrigation of the 58 acres owned by Kinoshita cannot be supplied by wells located on Kinoshita's property. SECTION 3. Kinoshita agrees to pay all engineering and construction costs for modifications, pipelines, pumps, valves, meters, flow -controllers, and other facilities (hereinafter collectively referred to as "Facilities") necessary to connect Well No. 2 to an existing pipeline owned by Kinoshita. Kinoshita shall not acquire any interest in the Facilities, which shall be the exclusive property of Authority. SECTION 4. Kinoshita agrees to secure any permits and easements required for constructing the Facilities, and shall pay all costs incidental thereto. SECTION 5. Kinoshita agrees to pay Authority for all standby costs of Well No. 2, and all maintenance costs of the Facilities. SECTION 6. Kinoshita agrees to notify Capistrano Valley Water District, acting for the Authority, a minimum of 24 hours prior to taking water through the Facilities. The actual operation of Well No. 2 and the Facilities shall be performed only by Capistrano Valley Water District personnel, or others authorized by Authority. SECTION 7. Authority agrees to charge Kinoshita, and Kinoshita agrees to pay Authority an amount equal to the 5863P/2027/00 - 2 - Authority's energy cost attributable to the water delivered to Kinoshita plus ten dollars per acre foot for water delivered to Kinoshita. SECTION 8. Kinoshita agrees to hold Authority free and harmless from any loss, damage, liability, cost or expense that may arise or be caused in any way by use, operation or failure of the Facilities, and shall further indemnify Authority for any such loss, damage, liability, cost or expense that may arise or be caused in any way by use, operation or failure of the Facilities. SECTION 9. This Agreement may be terminated by either party by giving 30 days written notice to the other party. The foregoing notwithstanding, in case of a drought declared by Authority, this Agreement may be terminated with no prior notice. SECTION 10. The Provisions of the Agreement shall inure to the benefit of and be binding upon the parties and their successors and assigns. SECTION 11. All notices, demands, payments, and requests which may be or are required to be given or made by any party to the other party shall be in writing, sent by United States mail, postage prepaid, addressed as follows: To Authority: To Kinoshita: SAN JUAN BASIN AUTHORITY 31301 Andres Pico Road San Juan Capistrano, CA 92675 KINOSHITA FARMS, INC. P.O. Box 201 San Juan Capistrano, CA 92693 5863P/2027/00 - 3 - n or to such other addressee and at such other place as the parties hereto elect to receive such notices, demands, and requests. IN WITNESS WHEREOF, the Parties heieto have executed this Agreement as of the day and year first hereinabove written. SAN JUAN BASIN AUTHORITY 19 N KINOSHITA FARMS, INC. BYE- Shj4eru Kinoshita, President 5863P/2027/00 - 4 - C� • AGREEMENT FOR REIMBURSEMENT - SAN JUAN BASIN AUTHORITY WATER FACILITIES (KINOSHITA)(38-#446) "(38) Council received copies of an agreement between Shigeru (94) Kinoshita, President, Kinoshita Farms, and the City, for (68) reimbursement of expenses assessed to Mr. Kinoshita by the San Juan Basin Authority for water used for irrigation purposes, pursuant to an "Emergency Agricultural Water Agreement" between the Authority and Mr. Kinoshita. Councilman Hausdorfer noted that due to an emergency, Mr. Kinoshita had entered into the agreement with San Juan Basin Authority which requires him to pay all engineering and construction costs necessary to connect to Well No. 2; to pay all standby costs of Well No. 2 and maintenance costs of the Facilities; and, to hold the Authority free and harmless from any loss, damage, liability, cost or expense that may arise. Mr. Kinoshita requested reimbursement of those major costs as part of the Agriculture Program. Councilman Hausdorfer stated that the reimbursement is consistent with the City's intention to preserve agriculture. Approval of Agreement It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the "Agreement for Reimbursement of Major Expenses Incurred in Connection with Use of San Juan Basin Authority Water Facilities," with expenses to be charged to the Agricultural Preservation Fund. 1!/ 1151g3 ROW CROP VEGETABLES KINOSHITA FARMS, INC. P.O. Box 201 SAN JUAN GAPIRTRANO, CALIFORNIA 62663 December 71, 1984 Ronora.bl_e Gary Hausdorder, Mayor City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 9267; Re: Irrigation Water Dear Mr. Mayor, TRUCK FARMING This is to inform you that our primary source o£ irrigation water now is from the San Juan Basin Authority wells. The San Juan Basin Authority has a. 30 day cancellation clause in our agreement. My concern is if the cancellation clause is invoYed, our farm would be without irrigation water. SK/mk 7/Y x L917 -Y Therefore, I am asking for a reliable source of water. Your past co-operation in this area is greatly appreciated. Sincerely yours, KINCSHITA FIRMS, INC. ShigeA Kinoshita, President 0 n Ci -.7` - ,v C7 c; - , r c c� m r. 3400 PRO`AO SCANT( SAN JUATCy AWSTR"1R ; CA. LF©F*JA 92675 PN N04931117r ` November 16, 1983 Mr. Shigeru Kinoshita 27015 Calle Real Capistrano Beach, California 92624 Re: Agreement or Reimbursemet of Expeses with San Jufn an Basin Authority Waten r Fac Dear Mr. Kinoshita: Enclosed please find a fully executed copy of the Agreement in connection with your use of The San Juan Basin Authority Water Facilities which was approved by the City Council at their meeting of November 15, 1983. The City agrees to reimburse you for expenses which are assessed by the San Juan Basin Authority under Sections 3, 5, and 8 of the Emergency Agricultural Water Agreement. If you have any questions, please do not hesitate to call. Very truly yours, MARY ANN EtANOVER, CMC City Clerk MAH/mac Enclosure cc: San Juan Basin Authority SAN 'IOU P *a,gD 6F ANT PTSTR4Cpp, CA41:4F0(#1[A 92675 s i'='FIC9Nir 493,117 o✓ November 16, 1983 San Juan Basin Authority 31301 Andres Pico Road San Juan Capistrano, California 92675 Gentlemen: 0 Re: Agreement for Reimbursement of Expenses Incurred with Kinoshita Farms, Inc, use of San Juan Basin Authority Water Facilities Enclosed please find a fully executed copy of the Agreement in connection with Kinoshita Farms Inc. use of The San Juan Basin Authority Water Facilities which was approved by the City Council at their meeting of November 15, 1983. The City agrees to reimburse Kinoshita Farms, Inc. for expenses which are assessed by the San Juan Basin Authority under Sections 3, 5, and 8 of the Emergency Agricultural Water Agreement. Also enclosed are three copies of your agreement with Kinoshita Farms, Inc. Please have your President and Secretary sign the "City" copy, and return it to this office. Thank you for your cooperation. Very truly yours, MARY ANN NOVER, CMC City Clerk MAH/mac Enclosure cc: Shigeru Kinoshita