For inexpensive daily wines, it isn’t particularly difficult for a restaurant to procure them. But when the price goes up and the wines become harder to obtain, the mere fact that they can be supplied smoothly can raise the value of a restaurant.
Especially if high-priced cult wines can be received not through auction but directly through wholesale distribution, then being able to secure supply in itself becomes a profit. In other words, Harry’s proposal now was premised on the existence of cult wines that would be put up for auction in the future.
“Let’s do that.”
I agreed without hesitation. How many bottles of cult wine could a restaurant possibly consume in a year? I didn’t think there was any need to fuss over inventory. He was a lawyer Warren trusted, and judging from his ability in representing Chloe’s farm, I thought this level of compensation was actually a bargain.
“Thank you. I doubt you’ll be disappointed.”
He wiped away his sweat and smiled faintly.
“By the way, your younger sibling must be quite good at cooking?”
“Of course. He’s from the CIA—the Culinary Institute of America.”
“Ah...”
The CIA, founded in 1946, is America’s finest culinary school, a private university with such prestige and authority that it’s called the Harvard of the culinary world. Even I, who didn’t know much about cooking, had heard of its reputation.
“I heard that Mr. Brian once even prepared pairings suited to a course meal for a UC Davis alumni event...”
“How did you know that?”
“There’s nothing in Napa Valley I don’t know.”
What confidence...
“I’d be very grateful if you came by and gave us some advice.”
“Haha...”
Warren, who had been watching from the side, cut in.
“You’ve done pairings before?”
“Ah, yes... I’ve just thrown something together before.”
“Thrown something together?”
Seeing Warren look puzzled, Harry stepped in.
“From what I know, calling it ‘thrown together’ is rather modest. I heard it was quite sophisticated and high-quality. I also heard one restaurant used that pairing exactly as it was and received quite high praise. Mr. Brian, you’re very humble.”
At those words, Warren’s eyes sparkled.
“Could I taste that as well?”
“...... Some other time.”
“You must do it for me someday. If necessary, I can call in a decent chef or two. Or we can go to a restaurant you designate. I may not know much else, but I’m a man who lives for the joy that food gives.”
“Yes, yes... In any case, thank you for helping so much with Chloe’s case. When will everything be wrapped up?”
“I intend to finish it in two days. The more favorable the situation is, the better it is to settle quickly. Unexpected variables always crop up.”
I found myself wholeheartedly agreeing with him.
---
Two mornings later, in a small conference room in Lodi County.
Under the fluorescent lights, a single long table sat alone, with four people facing one another on either side.
On the left were Chloe and Harry, and on the right were Jack O’Connell and his lawyer, Greg Richard. Given the circumstances, the atmosphere in the office was as cold as if an arctic wave had swept in.
But as if that chilly atmosphere had nothing to do with him, Harry, sweating, wiped his forehead once with a handkerchief, took out a thick file, and slid it to the middle of the table.
“Then let’s begin.”
Greg spoke first.
“Mr. Harry, we have no intention of wasting time either. Since we all understand the situation, shall we get straight to the terms?”
Jack sat with his arms crossed, chewing hard on his lip. Chloe had her hands neatly placed on her knees, but Harry noticed the slight trembling at her fingertips.
“Very well. The conditions for my client, Chloe Harris Farm, remain the same as last time. We demand priority use rights to 51% of the annual permitted pumping volume of Well WS-3.”
It was a statement Greg had expected, so he answered as if he had been waiting for it.
“We cannot accept that ratio. Water rights are the rights of the landowner. The well is on my client’s land, and he has borne all maintenance and equipment costs so far.”
“That’s correct. Which is why we are not touching ownership of the well itself. What we are demanding is not direct ownership, but a pumping easement. And that easement will be recorded as a right attached to your farm’s land. By deed.”
A deed in the United States refers to a document by which real estate-related rights—ownership or other rights—are officially recorded and transferred. In Korea, it would be comparable to a certified copy of the real estate register, but in the United States, each time a right is created, a separate deed document is generated and recorded with the county.
Also, an easement deed refers to a certain right to use another person’s land. In the end, it meant that a record would remain stating, “This land grants priority use rights to someone else.”
Greg retorted in a rough voice.
“That is the bigger problem. The moment this Easement Deed is recorded at the county recorder’s office, this land remains ‘farmland with 51% of its water preempted by someone else.’ Even if he tries to sell the farm later, its value will drop significantly.”
“Then should I take it that there will be no settlement?”
At Harry’s calm question, Greg bit his lip. He had tried putting on a show of resistance first, but when the other side reacted as if they would simply walk away if he didn’t like it, his chest tightened.
“So, regarding that... we have considered up to 25%. One quarter of the annual permitted pumping volume. Any more than that, and we cannot operate the farm.”
Jack clenched his teeth and added,
“Even this is the maximum concession we can make. Any more than this, and we won’t be able to farm.”
But Harry calmly shook his head.
“Oh dear... That differs greatly from my calculations. As I understand it, wholesale pistachio prices soared by 18% in 2004 and 30% in 2005, then maintained last year’s peak. This year’s harvest is expected to be good, so prices may fall, but you must already have made far more than enough money.”
When Harry brought up the unexpected detail of the rise in wholesale pistachio prices, Jack’s mouth fell open.
“No, that’s...”
“Mr. Jack O’Connell has already made a substantial profit, and among those costs, what percentage would water usage account for at most? And yet you say you cannot operate the farm with 51%? From my perspective, I can only interpret that as you having no intention of settling... I can make no other interpretation.”
Watching Greg look troubled and Jack bite his lip in anguish, Chloe was inwardly greatly surprised by Harry. He spoke without the slightest excitement, almost as if he were bored, yet the other side was at a complete loss.
“You cannot expect pistachio yields and wholesale prices to remain good forever.”
“Hmm... It seems your standards are far too different from ours. And I also cannot understand why you speak as though a major loss every year is already guaranteed.”
“What if it isn’t guaranteed?”
“The annual permitted pumping volume of Well WS-3 is registered with the NSJWCD as 300 acre-feet. Therefore, the 51% we demanded would be about 153 acre-feet. At present, my client needs at least 100 acre-feet per year to restore the damage from groundwater contamination and to maintain pear cultivation in the long term.”
“So?”
“What we are demanding from the farm is not a cap, but priority. If the actual usage is less than 100, the remaining portion can be used by O’Connell Farm as it is. I must point out that speaking as though an annual loss is guaranteed could be highly misleading to a third party.”
Jack swallowed hard.
“Then what happens if we end up needing to use 200?”
“That would be a problem. But in that case, you can simply pay us and purchase it, can’t you?”
He said it as if there were no issue at all, but for Jack, it was enough to drive him mad. It meant he would have to pay someone else to buy water that came up through a well dug on his own land.
“Ha, hahaha...”
Ignoring Jack, who burst into empty laughter, Greg spoke.
“I understand perfectly. However, no matter how I think about it, 51% is excessive. It needs adjustment. Please take into consideration that pistachios are a crop with high water usage.”
Since it seemed unlikely to work, the forceful attitude from the beginning vanished, and he immediately lowered himself. At that, Harry glanced at Chloe. He was checking her wishes, and Chloe gave a slight nod.
Seeing that, Harry looked back at Greg and said,
“Very well. You should consider yourselves fortunate that my client is extremely merciful. We will adjust it to 40%.”
Thinking that this at least was a relief, Greg nevertheless made another proposal.
“Thank you, but just a little more than that...”
Before he could even finish speaking, Harry declared in a heavy voice.
“Forty percent. We have conceded enough. There is no room for further negotiation.”
At his attitude, which made it clear that any attempt to adjust it further would be useless, Greg looked back at Jack. It meant there were only two choices left: accept the offer here, or go all the way to the end of the lawsuit.
Jack closed his eyes for a moment, then opened them and gave a bitter smile.
“Damn it... No choice, then. Let’s do that.”
Only then did a faint smile appear at the corner of Harry’s mouth for the first time.
“Good. Then please sign the documents I have prepared. There are two: one Pre-Litigation Settlement Agreement, and one Pumping Easement & Water Use Agreement. These agreements will be recorded at the Recorder’s Offices of Lodi County and San Joaquin County.”
Jack and Greg, who had expected they would end up settling here anyway, were satisfied with the figure of 40% and signed the agreement. Chloe, too, signed with her own sense of satisfaction.
For her part, rather than clinging to 51% at all costs, she was relieved that she had secured water resources in preparation for a possible drought while reducing, even slightly, the elements that might leave the other side with a grudge. She considered this a condition both sides could be satisfied with.
On top of that, since she had secured an enormous amount of water resources, the value of the land she owned had risen greatly. It had become land with permanent water usage rights attached.
After finishing the settlement, Chloe said in the car on the way back to the office with Harry,
“Thank you. Thanks to you, everything was resolved well.”
“It was my job.”
Harry, who had somehow managed to cram his body into the driver’s seat, was surprisingly good at driving too.
“But how do we check the irrigation volume at O’Connell Farm?”
“There are several methods. One of them is to place a circular chart recorder on the wall of the pump room and have it record the water flow rate in real time. If that recorder is placed behind bulletproof glass and the keys are held by a designated notary and you, Ms. Chloe, then the other side won’t be able to cheat.”
“Ah...”
“Another is called the Power Audit method. Instead of measuring water usage, it checks power consumption. To draw water up from deep underground, they need to operate a huge industrial pump, and that consumes an enormous amount of electricity.”
“Wow! So electricity usage is basically water usage?”
“That’s right. Since tampering with flow meters is common, checking power consumption like this can actually be much more precise. From now on, you and your descendants will be able to see O’Connell Farm’s water usage permanently, as clearly as the palm of your hand.”
“That’s amazing. How should I pay your fee?”
“No need. Someone else has already paid on your behalf.”
“Huh? I’d like to pay you myself... Couldn’t you just return it to them and let me pay you?”
Seeing Chloe speak firmly, as if she truly meant it, Harry looked at her as though seeing something new.
“You seem to be close to them. Is there really any need to do that?”
“I’ve already received a lot of help. And I’m a farm owner. I was taught that I should resolve my own affairs myself.”
Slightly impressed, Harry smiled deeply.
“I see. But what I wanted wasn’t money. It was something else. Wine, to be precise. I received something more valuable to me than money, so there is no reason for me to receive an additional fee.”
Roughly guessing what he meant, Chloe twitched her lips.
“I owe another debt, then.”
“As you go through life, it’s only natural to receive help from someone. What matters is what you do after receiving that help. Whether you receive help and forget it, or whether you live diligently and repay it. Usually, that is where people’s lives diverge.”
He grinned with eyes that were hard to see beneath his thick eyelids. For some reason, Chloe felt that his words carried a profound meaning.