A. Casa de Fruta (Zanger) owns and maintains a commercial development on Old Highway 152 in Santa Clara County. Zanger is in need of additional fire protection facilities to increase its fire flow capacities.

B. The conduit from the Bureau of Reclamation’s diversion structure to San Benito County runs generally parallel to Zanger’s business. Zanger desires to tap into this line at the diversion structure to feed a hydrant system along the Highway 152 frontage road.

C. The San Benito County Water District (District) and Zanger have negotiated an Agreement for Supplemental Fire Protection which agreement has been approved by the Bureau of Reclamation. The Agreement authorizes Zanger to tap into the federal conduit and construct a fire hydrant system at Zanger’s cost and in accordance with plans approved by the District.

D. The Agreement further provides that the hydrant system shall be transferred to the District when the completed system has been approved by the District and the Bureau. Thereafter, the system shall be operated and maintained by the District at Zanger’s expense.

E. The District, Bureau and any other governmental agency in the State of California will benefit from this Agreement in that it provides that the water service from the hydrant system will be available to these agencies for any public purpose. Further, District shall retain ownership of the hydrant system upon termination of the Agreement.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of District hereby approves of the Agreement for Supplemental Fire Protection and authorizes the President to sign same.

The foregoing Resolution was passed and adopted at a Regular Meeting of the Board of Directors of the San Benito County Water District held on April 30, 2003, by the following vote:

AYES: DIRECTORS: Keck, Tobias, Perry, De La Cruz

NOES: DIRECTORS: None

ABSENT: DIRECTORS: Swanson

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Kenneth Perry

President

ATTEST:

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Janet L. Miller

Administrative Services Officer