Resolution No. 6034
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RESOLUTION NO. 6034
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND AUTHORIZING
THE EXECUTION OF A NEW WATER RIGHT LICENSE
AND AGREEMENT FOR THE PERIOD JULY 1, 1991
THROUGH JUNE 30, 1992 BY AND BETWEEN THE
CITY OF VERNON AND KAL-KAN FOODS, INC.,
AND RESCINDING THE OLD WATER RIGHT LICENSE
AND AGREEMENT BETWEEN THE PARTIES DATED
MARCH 26, 1991
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WHEREAS, Victor H. Vai ts, Director of Community
10 Services, previously negotiated with Kal-Kan Foods, Inc. (Kal-
11 Kan) to lease 140 acre-feet of Kal-Kan' s Allowed Pumping
12 Allocation to the City of Vernon for fiscal year 1991-92; and
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WHEREAS, the City of Vernon and Kal-Kan have reached
14 agreement that the agreed price for the 1991-92 period is Eight
15 Thousand Fifty and No Cents ($8,050.00) and said money will be
16 used as a credit towards Kal-Kan's regular water bills; and
17 WHEREAS, the City of Vernon sent a statement dated
18 February 27, 1991 to Kal-Kan in the sum of Eight Thousand Fifty
19 and No Cents (for 1991-92) and indicated that said payment was
20 to be applied to the Kal-Kan Water Account No. 12-19740-01-0;
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WHEREAS, Mr. Dane K. Andersen, Commercial Manager for
23 Kal-Kan, signed said statement on March 5, 1991, agreeing to the
24 statement; and
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WHEREAS, the City of Vernon and Kal-Kan then
26 memorialized their agreement to lease said water rights,
27 entering into the old Water Right License and Agreement between
28 the parties dated March 26, 1991; and
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WHEREAS, the City of Vernon and Kal-Kan have discovered
that Kal-Kan' s Allowed Pumping Allocation of water totals only
128 acre-feet instead of 140 acre-feet~
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION. 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained
hereinabove are true and correct.
SECTION 2: The City Council of the City of Vernon
hereby approves the the new Water Right License and Agreement, a
copy of which has been presented to the City council
concurrently with this resolution, and the City Council hereby
orders said Agreement to be received and filed by the City
Clerk.
SECTION 3: The City council of the City of vernon
hereby authorizes the Mayor and the City Clerk to execute said
AgreemEantfo:r,aI1dOn behalf of, thEa City of Vernon.
SECT.ION 4: The City Council of the City of Vernon
hereby rescinds the old Water Right License and Agreement,.based
on the mutual mistake of fact regarding the amount of Pumping
Allocation available.
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SECTION 5: The City Clerk of thE! City,of Vernpnshall
2 certify to the passage of this resolution, andthereup.on and
3 thereaft~X:c.thesame ,shall be in full force and effect.
4 APPROVED AND ADOPTED this 21st day of Janl1ary, 1992..
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 6034, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly
held on Tuesday, January 21, 1992, and thereafter was duly
signed by the Mayor of the City of Vernon.
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BRUCE V.
(SEAL)
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WATER RIGHT LICENSE AND AGREEMENT
Kal-Kan Foods, Inc. hereby grants to city of Vernon a license
to extract 128 acre-feet of licensor's Allowed Pumping Allocation
allocated to licensor (or predecessors in interest) under the
pursuant to judgement dated October 11, 1965 and entered in Los
Angeles Superior Court Case No. 786,656 entitled "Central and West
Basin Water Replenishment District vs. Charles E. Adams, et al."
during the period commencing July 1, 1991 and continuing to and
including June 30, 1992.
Said License is granted, subject to the following conditions:
(1) Licensee shall exercise said right and extract the same
on behalf of Kal-Kan Foods, Inc. during the period above specified
and put the same to beneficial use and licensee shall not by the
exercise hereunder of said right acquire any right to extract water
independent of the rights of licensor.
(2) Licensee shall pay assessments levied on the pumping of
said ground waters by the Central and West Basin Replenishment
District.
(3) Licensee shall notify the District and the Watermaster
that said pumping was done pursuant to this license and provide the
Watermaster with a copy of the document.
(4) Licensee shall note, in any recording of water production
for the period of agreement, that said pumping was done pursuant to
this license.
(5) Licensee's Allowed Pumping Allocation shall not be
increased by the amount hereby leased when computing carry-over of
allowable overextraction as provided by Part III, Subpart A and B
in said judgement.
Kal-Kan Foods, Inc. warrants that it has 128 acre-feet of
Allowed Pumping Allocation and that it has not pumped and will not
pump or permit or license any other person to pump any part of said
128 acre-feet during period of July 1, 1991 through June 30, 1992.
Dated: J 1~~9~
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KAL-KAN FOODS, INC.
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CITY OF VERNON
BY:~~~'
::.-' EONIS C. MALB G, Mayo
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ATTEST:
BRUCE V. MALKENHORST,
City Clerk
Title (1y1;)'!7E-C.C/1L 'p11N46-6<
~P~g:~ :~~B~~~
City Attorney