1 CITY OF GONZALES / BRAGA FRESH FOODS INDUSTRIAL WASTEWATER
SYSTEM ALLOCATION INCREASE AGREEMENT
This Industrial Wastewater Allocation Increase Agreement is made and entered into as of this 24th day of March 2025 (“Effective Date”) by and between the City of Gonzales, a municipal corporation of the state of California (“City”) and Braga Fresh Family Farms, Inc., a California corporation (“Braga”). City and Braga may be collectively referred to herein as “Parties” and individually as “Party.”
WHEREAS, Braga currently operates a vegetable processing facility in the City of Gonzales (“City”), located at 180 Katherine Street; and WHEREAS, Braga has been operating its facility since it took over Pure Pacific Organic Inc./American Cooling, Inc. in 2020; and
WHEREAS, in 2009 American Cooling, Inc. had an approved Conditional Use Permit (2009-1) allowing for the discharge of 50,000 gallons per day (“gpd”) to the sewer system, which Braga assumed when they purchased the American Cooling facility; and WHEREAS, Braga’s operations have increased significantly over the last four years and in turn so has their demand for industrial water flow capacity; and WHEREAS, to accommodate Braga’s additional flow, the City is willing to adjust Braga’s allocated industrial water flow capacity by 30,000 gallons to accommodate a flow of 80,000 gpd; and
WHEREAS, the City will continue to monitor water discharge and will reevaluate usage in six months to determine if an additional increase is necessary to Braga’s wastewater allocation.
NOW, THEREFORE, in consideration of the foregoing recitals, the covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Braga and City do agree as follows:
1. Recitals. The Parties agree that the facts stated above are true and correct to the best of their knowledge. The above recitals are incorporated herein and made a part of this Agreement.
2. Increased Payment for Water Flow Capacity. In order to increase Braga’s water flow capacity allocation by 30,000 gpd, Braga has agreed to pay the City Eight Hundred and Sixty Eight Thousand, Five Hundred Dollars ($868,500.00) at the City’s established rate of $28.95 per gallon, in accordance with the following schedule:
2 Payment Schedule:
1st Installment $108,562.50 Due by April 4, 2025
2nd Installment $108,562.50 Due by April 11, 2025
3rd Installment $108,562.50 Due by April 18, 2025
4th Installment $108,562.50 Due by April 25, 2025
5th Installment $108,562.50 Due by May 2, 2025
6th Installment $108,562.50 Due by May 9, 2025
7th Installment $108,562.50 Due by May 16, 2025
8th Installment $108,562.50 Due by May 23, 2025
City will take all action necessary to amend Braga’s current Conditional Use Permit to reflect this increased allocation.
3. Additional Consideration. In addition to the collaboration referenced above, the City shall schedule and attend quarterly meetings with Braga to provide an update on the status of the construction of the City’s Industrial Wastewater Treatment Facility. This information will facilitate Braga’s future planning and operations. At the meetings, City shall present information regarding the construction of the Industrial Wastewater Facility, rehabilitation of the existing Wastewater Treatment Facility, and the status of allocations of wastewater from both the construction of the Industrial Wastewater Facility and rehabilitation of the existing Wastewater Treatment Facility.
4. Notices:
Notices to the City shall be sent to:
City of Gonzales
City Clerk
PO Box 647
147 Fourth Street
Gonzales, CA 93926
Notices to Braga shall be sent to:
Joseph Ostarello, Plant Manager
Braga Fresh Foods
PO Box 7356
Spreckels, CA 93962