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HomeMy WebLinkAboutGavilan College - 1965 Agreement for Water Reservoir AGREEMENT THIS AGREEMENT, made and entered into this 18th day of August 1965, by and between GAVILAN JOINT JUNIOR COLLEGE DISTRICT, Compris- ing San Benito County and the southern part of Santa Clara County, hereinafter sometimes called "District" or "College," and the CITY OF GILROY, a municipal corporation in the County of Santa Clara, State of California, hereinafter designated as "City," W 1. T N E .Q. .Q. E T H: THAT WHEREAS GAVILAN JOINT JUNIOR COLLEGE DISTRICT is arrang- ing for the construction of its college buildings on its campus located about two (2) miles southwest of the CITY OF GILROY on premises formerly belonging to L. E. SHUMAKER and JEAN L. WILLIAMS, and said District has on its said campus property a very good water well believed to be capable of producing at least one thousand (1,000) gallons of water per minute at the well and six hundred (600) gallons a minute at a reservoir height of four hundred (400) feet, at the time of execution of this agreement, which is believed to be a quantity in excess of the needs of the said College for the next several years; WHEREAS, the CITY OF GILROY is a municipal corporation located in the southerly part of the County of Santa Clara, in the State of California, and its governing board and other officials believe that the southerly and westerly expansion of the said CITY OF GILROY, now well under way, will be greatly increased by the construction and operation of the said Gavilan Junior College at its aforesaid location, thus necessitating a considerable increase in the quantity of water required for its inhabitants; and WHEREAS, the plans of said District include the construction of a one-million gallon capacity reservoir upon the college premises to provide a steady and sufficient supply of water at all times (1) for the College, and the said well and the said reservoir can be made advantageous to the City in providing additional water for the City's use; and WHEREAS, the parties hereto desire to provide by an agreement that the City may obtain a portion of the water furnished by said well and reservoir for its own use, and make provisions whereby one-half (1/2) of the capacity of the reservoir may be included in the City's water system, and the College may obtain water from the City's water system in cases of necessity; NOW THEREFORE# IT IS AGREED by and between the parties hereto as follows: FIRST: The District will construct a reservoir as soon as the money is available therefor upon a site on its campus with a capacity of approximately one million gallons of water, and each of the parties to this agreement shall pay one-half (1/2) of the cost of said reservoir to the contractor as specified in the construc- tion contract, the cost or value of the reservoir site not to be considered a part of the cost; said reservoir, herein designated as the "first reservoir, II shall be constructed by the 30th day of June , 196~, it being understood that the full cost of future reservoirs which are connected in any way to the Gavilan College campus water system and form a part of the CITY OF GILROY water system shall be constructed by the said City at its own expense, except for the cost of the land upon which the reservoir is constructed if it is constructed on the Gavilan College grounds or property. SECOND: The City shall furnish-and install at its own expense any line from the said reservoir required to provide water solely for the use of the City or its inhabitants. Any pipeline required by the College that is oversized to care for the City's water needs, present or future, shall have the difference in cost due to the oversizing paid by the City as soon as the line is constructed and the amount payable by the City established, including the line (2) from the well to the reservoir and from the reservoir through the College grounds to the offsite connection with the City's water mains. It is understood that the City may run its own pipeline directly from the reservoir through the College grounds, and the City shall have an easement free of cost through and by means of which the pipeline may be constructed to the boundary line of the College campus, any such easement and pipeline to follow the most feasible route from the reservoir. The College District shall construct the minimum water system and pay the cost therefor necessary to provide water for the College campus and buildings and any other College needs as the same may be determined by the Board of Trustees of the College and its Engineer. THIRD: The City shall furnish and install a meter or meters at such place or places as will measure and record the quantity of water which City withdraws from any College well and that used by the College and shall keep a record of the quantity of water used by it and the College. Within six (6) years from and after fue execution of this Agreement or when the demand by the City on fue present College well, or on any well constructed on the College ~operty to replace the present well, or which may constitute an additional well if said present well continues to function, exceeds on an average of one hundred forty-four thousand (144,000) gallons per day for a period of thirty (30) days continuously, whichever occurs first, the City shall connect its own water system to the College campus water system to provide a secondary source of supply to the College at the reservoir site on the campus. The City shall enjoy and have the use of one-half (~) of the reservoir capacity of the first reservoir constructed on the College campus for an unlimited duration of time subject to its obligation under this agreement to provide a secondary source to the College reservoir when the College requires it. Each party shall bare the cost of pumping water anq ~intenance charges in proportion (3) to the quantity of water..used by _,C':!i!lch. FOURTH: Gavilan College retains the option to maintain the primary distribution system, but may request that City shall maintain the primary distribution system for Gavilan College at no higher cost to the College than the actual cost of labor and materials and equipment; the term "primary system" as used in this Agreement shall be defined and means the well, pump, line from well to reservoir, the reservoir itself, and any pipeline used by City. FIFTH: The CITY OF GILROY may withdraw not more than four million three hundred twenty thousand (4,320,000) gallons of water per month from any Gavilan College well while this Agreement is in effect without cost to the City as long as the well hereinbefore designated as the Shumaker Well and/or any well constructed on the Gavilan College campus by the Board of Trustees of the District is able to supply that amount of water to the City besides the quantity of water reasonably required by the College. The Board of Trustees of Gavilan College shall determine whether the said 4,320,000, or any lesser quantities, may be taken in any thirty- (30) day period and still leave sufficient water for the reasonable requirements of the College; the foregoing shall not be construed to mean that the College guarantees the City 4,320,000 gallons of water during any 30-day period; it is to be taken as meaning that the City may withdraw up to 4,320,000 gallons of water during any 30-day period if there is a sufficient water supply in addition thereto available for the use of the College. However, if after wfficient operating experience, it appears that additional waters (in excess of one hundred forty-four thousand (144,000) gallons per day) can be provided to the City at no overburden to College's sources of supply, City will be allowed to utilize such additional excess water capacity. These additional waters shall be credited to College's future water bank as described under the second paragraph of Section numbered Sixth hereunder. (4) In the event of a major fire either in the CITY OF GILROY or on the campus of the College where a large quantity of water is required for fire suppression, the party not suffering such a fire shall cooperate in conserving the reservoir supply until such a fire is controlled, even to the extent that all other uses of the reservoir supply be temporarily halted. SIXTH: Should the present well on the College premises, known as the "Shumaker Well, II deteriorate or become useless, the College reserves the right to construct a new well on its property, in which case this agreement with the CITY OF GILROY shall be as if the original Shumaker Well were in operation, with the new well sub- stituted in the place of the original well, except that the City shall bear a prorata share of the cost of the additional well on the College campus site. The prorata cost shall be determined on the basis of the use of the water by the parties to this agreement for the preceding three years, plus a three-year projection for the next succeeding three years. Should the Trustees of Gavilan College decide not to replace the Shumaker Well, in case the Shumaker Well should become useless or deteriorate to the point where additional supply of water is required, the CITY OF GILROY hereby agrees to furnish Gavilan College water from its own sources at no higher charge than the actual cost to the CITY OF GILROY until such time as the CITY OF GILROY has returned to the College the amount of water obtained from all of the wells on Gavilan College property; when the water previously consumed by the CITY OF GILROY has been returned to the College in full, the College agrees to purchase water from the City at the same rates paid by other school districts purchasing water from the CITY OF GILROY. SEVENTH: It is understood that, there is on Shumaker property adjoining the College campus another well belonging to Shumaker from which, in case of necessity, the College may draw water in (5 ) accordance with an agreement between the College and the owner of the Shumaker property; none of this water shall be available to the CITY OF GILROY. EIGHTH: Should any disagreement arise between the parties to this agreement regarding the interpretation or meaning of any provision of this contract or as to the performance of the agreement by either party thereto, such differences shall be resolved by arbi- tration, each of the parties hereto to select an arbitrator and if the two are unable to agree then they shall select a third arbi- trator and the agreement of any two of the three in the matter in the dispute shall be binding upon both parties. IN WITNESS WHEREOF, the parties hereto have hereunto caused this agreement to be subscribed by their respective officers there- unto duly authorized, the day and year hereinabove written. PARTY OF THE FIRST PART: GAVI'~ JUNIOR COLLEGE DISTRICT ( / :<' l' ~ f --C" ./' / t t'l-t. ,'C, t '- .) - t'2~": t/~ L /{/'-_._- By i' i " . J I ..... I - . -r-- '/ Vt..//:,'1 /7 " /j' . / 1 ~i I .' ...~ ",",' f..,/ ........~ c--"- L-<.;.' -.-/' ~- " f f/ __ A' / /. r: L :::. .:- (.-;/ PARTY OF THE SECOND PART: CITY OF GILROY J,l.PPRQVED AS TO FORMtL--!cU\. . "" ;.."",,[ /L( --z..t t, .S~i-i~'-/.'-t.q (~lt {{~ (.. ..!( L~c tL'{?ct:r-. IJ...J I By ~.?t; /;/ ~. 1/' _jL:~/L-'-;!_"'_,--, , \c:0' · l ,. J lei ty AC~-t~~ne'~ -+~ ,~} 1-'l.,I..-L- C ({ ~ \ (6)