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Resolution No. 6240 ,. " 1 RESOLUTION NO. 6240 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO IN-LIEU REPLENISHMENT AGREEMENT, JULY 1, 1992 THROUGH JUNE 30, 1993, BY AND BETWEEN THE CITY OF VERNON AND THE WATER REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA 4 5 6 7 WHEREAS, the City Council of the City of Vernon adopted 8 Resolution No. 6173 on October 20, 1992, approving an In-Lieu 9 Replenishment Agreement, July 1, 1992-June 30, 1993, with the 10 Water Replenishment District of Southern California; and II WHEREAS, the City of Vernon wishes to enter into an 12 13 addendum to said Agreement to permit the City to purchase additional In-Lieu water at substantial savings. 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE l5 CITY OF VERNON AS FOLLOWS: l6 SECTION 1: The City Council of the City of Vernon does hereby find and determine that the recitals contained hereinabove 17 l8 are true and correct. 19 SECTION 2: The City Council of the City of Vernon hereby 20 21 approves the Addendum to In-Lieu Replenishment Agreement, July 1, 1992 through June 30, 1993, a copy of which has been presented to the City Council concurrently with this resolution, and the city Council hereby orders said Addendum to be received and filed by 22 23 24 the City Clerk. 25 SECTION 3: The City Council of the City of Vernon hereby 26 authorizes the Mayor and City Clerk to execute said Addendum for, 27 and on behalf of, the City of Vernon. 28 " r 1 SECTION 4: The City Clerk of the City of Vernon shall 2 certify to the passage of this resolution and thereupon and 3 thereafter the same shall be in full force and effect. 4 APPROVED AND ADOPTED this 27th day of April, 1993. ~~~o?' 5 6 7 /~ ATTEST: ~ BRUCE V. MALKENHORST, 8 City Clerk 9 10 II 12 13 14 15 l6 l7 l8 19 20 21 22 23 24 25 26 27 28 -2- "-.t 1 STATE OF CALIFORNIA 2 ss COUNTY OF LOS ANGELES 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of 5 Vernon, do hereby certify that the foregoing Resolution, being 6 Resolution No. 6240, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Tuesday, April 27. 1993, and thereafter was duly 7 8 9 signed by the Mayor of the City Of7Z~ ~RUCE V. MALKENHORST, City Clerk 10 II 12 13 14 ( SEAL) 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 -3- '" \.. ~ 6dY() ........ ... . . Addendum - Central Basin In-Lieu Replenishment Agreement (July 1, 1992 - June 30, 1993) ADDENDUM TO IN-LIEU REPLENISHMENT AGREEMENT JULY 1, 1992 THROUGH JUNE 30, 1993 The In-Lieu Replenishment Agreement between Water Replenishment District of Southern California and the City of Vernon ("Producer") which bears the date September 18, 1992 and is entitled "In-Lieu Replenishment Agreement July 1, 1992 -June 30, 1993" is amended as follows: Section C, Paragraph 3 on Page 3 is deleted in its entirety and replaced with the following paragraph: 3. To be finally entitled to payments from Replenishment District under this Agreement ("said payments" hereinafter), Producer, <as of the end of said CAY, must have reduced its extractions from Central Basin during t~eentirety of the said CA Y(including for this purpose those quantities sold, leased, or licensed to others, or subscribed to the Exchange Pool or otherwise produced on behalf of Producer. during or on account of said CAY) below.. its APA for said CAY. The maximum quantity for which Producer shall be entitled to said payments shall be. the lesser of the quantities of : 110% of the written estimate, as revised, given under Paragraph 1; and, subject to the next succeeding two sentences, the quantity by which Producer shall have reduced extractions from Central Basin in said CAY below its APA for said CAY. Final adjustments shall be made after the end of said CAY in accordance with subsequent provisions of this Agreement. See Paragraph 1 2 of this Part C for modification in event of earlier termination. Section C4(b)on Page 4 of the Agreement is deleted in its entirety and replaced by the following paragraph: (b) The quantities determined under Paragraph C3 shall be reduced by the quantity resulting from application of Paragraph C4(a). Any remaining quantity of In-Lieu Replenishment Water resulting from the use oJ reclaimed water for which the Producer is otherwise entitled to payment under this agreement shall be paid for at the rate of $75.00 per acre-foot. ... ndum...Central Basin In-Lieu Replenishment Agreement (July 1, 1992 - June 30, 1993) Page 2 Section C4 is amended to add the following subsection: (c) The quantities determined under Paragraph C3 shall be reduced by the quantity resulting from application of Paragraphs C4(a) and C4(b). Any remaining quantity of In-Lieu Replenishment Water for which the Producer is otherwise entitled to payment under this agreement shall be paid for at the rate of $65.00 per acre-foot. Other than the changes set forth above, the Agreement stands in full force and effect as written. DATED:~ '2g DATED: 4';:~ :', 1993 Water Replenishment District of Southern California CITY OF VERNON.' (Name of Producer) (Titles and capacities of persons executing on behalf of Producer should be set forth) }:\::r:' .,; . B~~/. eonis C. Malbu g, Mayor Approved as to Form: ~t>I~ Davi B. Brear ey;~Clty ~ttorney