Resolution No. 6086
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RESOLUTION NO. 6086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN ASSIGNMENT OF AN ENTITLEMENT IN THE
CALIFORNIA-OREGON TRANSMISSION PROJECT BY EL
DORADO COMMUNITY SERVICES DISTRICT TO SHASTA DAM
AREA PUBLIC UTILITY DISTRICT
WHEREAS, El Dorado Community Services District and Shasta
Public utility District by decision of the U.S. Secretary
8 of Energy in 1985 received the right to purchase entitlements in the
9 California-Oregon Transmission Project; and
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WHEREAS, the Memorandum of Understanding Annex which
11 incorporated said rights by agreement of all the Participants to
12 said Project provided that, "A Participant may assign or transfer
13 any right or interest in this Agreement, in whole or in part, only
14 after obtaining the written consent of the other Participants, which
15 consent shall not be unreasonably withheld"; and
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WHEREAS, the City of Vernon is a Participant in said
17 Project and has received a request from El Dorado Hills Community
18 Services District that the City of Vernon consent to the
19 "Assignment" agreement, a copy of which was transmitted therewith.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
21 CITY OF VERNON AS FOLLOWS:
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23 finds and determines that the recitals contained hereinabove are
SECTION 1: The City Council of the City of Vernon hereby
24 true and correct.
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26 consents to the "Assignment" by El Dorado Hills Community
SECTION 2: The City Council of the City of Vernon hereby
27 Services District of its entitlement in the california-oregon
28 Transmission Project to the Shasta Dam Area Public Utility District,
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1 a copy of which has been presented to the city council concurrently
2 with this resolution, and the City council hereby orders said
3 Assignment to be received and filed by the city Clerk.
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SECTION 3: The City council of the City of Vernon hereby
5 directs the Mayor to execute the consent to said Assignment for, and
6 on behalf of, the City of Vernon.
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SECTION 4:
The City Clerk of the City of Vernon shall
8 certify to the passage of this resolution and thereupon and
9 thereafter the same shall be in full force and effect.
10 APPROVED AND ADOPTED this 7th day of April, 1992.
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-cd. --- LEONIS C. MALE. G, Ma r
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BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
4 do hereby certify that the foregoing Resolution, being Resolution
5 No. 6086, was duly adopted by the City Council of the City of Vernon
6 at a regular meeting of the City Council duly held on Tuesday, April
7 7, 1992, and thereafter was duly signed by the Mayor of the City of
8 Vernon.
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10 BRUCE V. MALKENHORST, City Clerk
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ASSIGNMENT
El Dorado Hills Community Services District ("El Dorado"
or "Assignor"), for valuable consideration (the "Purchase price")
acknowledged to have been received, does hereby permanently
assign all of its right, title and interest in an allocation to
it by the Western Area Power Authority of the right to use a
portion of the rated transfer capability ("Entitlement") in the
California-Oregon Transmission Project ("project") in the amount
of .1875 percent of the total Project transfer capability, as
well as all obligations flowing therefrom, to Shasta Dam Area
Public utility District'("Shasta" or "Assignee").
Assignor warrants:
(1) that, by this Assignment, it has
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transferred all of its Entitlement in the Project and all of its
right, title and interest therein; (2) that said Entitlement is
free and clear from any known encumbrances created or suffered by
Assignor; (3) that it has paid all known Project cost assessments
to September 29, 1991, and that the Purchase Price includes
payment of same; and (4) that it is the owner of said Entitlement
and has a good right to transfer same and that it will defend
title to said Entitle~ ment against all persons who shall claim
the same.
But as to the fourth enumerated warranty, Assignor
may, at its optioQ4 choose not to defend title and may, instead,
refund Assignee's Purchase Price.
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By subscribing to this Assignment Shasta assumes all the
obligations and liabilities of El Dorado's Entitlement.
Made and effective on this 20th day of November, 1991.
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Clerk
Hills
serViceS~i~t ~
By:
Its:
Dated:
l:~{" ~.~"I.t?E:.:"lr
El Dorado
Community
The following entities consent to the foregoing Assignment of El
Dorado's Project Entitlement to Shasta and release El Dorado from
any obligation arising from said Entitlement:
Transmission Agency
of Northern California
California Department
of Water Resources
By:
Its:
Dated:
By:
Its:
Dated:
Western Area Power Authority
Southern San Joaquin
Valley power Authority
By:
Its:
Dated:
By:
Its:
Dated:
City of Vernon
Carmichael Water District
SEE ATTACHED SIGNATURE PAGE
By:
Its:
Dated:
By:
Its:
Dated:
Trinity County Public
utility District
San Juan Suburban
Water District
By:
Its:
Dated:
By:
Its:
Dated:
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CITY OF VERNON
Date
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'BRUCE V.MALKENHORST, City Clerk
ATTEST:
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APPROVED AS TO FORM:
By, \')~ ~t~ ~
David B. Brearley; City A torney
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