Resolution No. 6311
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RESOLUTION NO. 6311
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
A WATER RIGHT LICENSE AND AGREEMENT BY AND
BETWEEN THE CITY OF VERNON AND KAL-KAN FOODS,
INC. WHICH GRANTS THE CITY OF VERNON A LICENSE TO
EXTRACT 140 ACRE-FEET OF KAL-KAN'S ALLOWED
PUMPING ALLOCATION FOR THE PERIOD JULY 1, 1993
THROUGH JUNE 30, 1994
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WHEREAS, the City of Vernon and Kal-Kan Foods, Inc.
9 (Kal-Kan) have entered into annual agreements since 1990 providing
10 for the City to lease 140 acre-feet of Kal-Kan's allowed pumping
11 allocation; and
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WHEREAS, the Interim Director of community Services and
13 Kal-Kan have negotiated a new Water Right License and Agreement with
14 an agreed price for the period of July 1, 1993 through June 30, 1994
15 of Thirteen Thousand Two Hundred Thirty Thousand Dollars and No
16 Cents ($13,230.00), and said money will be applied as a credit
17 towards Kal-Kan's regular water bills; and
18 WHEREAS, the City of Vernon sent an authorization dated
19 July 13, 1993 to Kal-Kan which provided that the sum of Thirteen
20 Thousand Two Hundred Thirty Dollars and No Cents ($13,230.00) (for
21 1993-94) was to be applied to the Kal-Kan Water Account No.
22 12-19740-01-0; and
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WHEREAS, Mr. Howard Jacob, the Commercial Manager for
24 Kal-Kan, signed said statement on August 9, 1993, agreeing thereto.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
26 CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
28 finds and determines that the recitals contained hereinabove are
true and correct.
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SECTION 2: The City Council of the City of Vernon hereby
approves the 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 License and
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 License and
Agreement for, and on behalf of, the City of Vernon.
SECTION 4:
The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 17th day of August, 1993.
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BRUCE V. MALKENHORST,
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, city Clerk of the city of Vernon,
do hereby certify that the foregoing Resolution, being Resolution
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No. 6311, was duly adopted by the City Council of the City of Vernon
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at a regular meeting of the city Council duly held on Tuesday,
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August 17, 1993 and thereafter was duly signed by the Mayor of the
City of Vernon.
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WATER RIGHT LICENSE AND AGREEMENT
KAL-KAN FOODS, INC. hereby grants to City of Vernon a license
to extract 140 acre-feet of licensor's Allowed Pumping Allocation
allocated to licensor ( or predecessors in interest) under and
pursuant to Judgment 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, 1993, and continuing to and
including June 30, 1994.
Said License is granted, subject to the following conditions:
(1) Licensee shall exercise said right and extract the same
on behalf ofKAL-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 Water Replenishment District.
(3) Licensee shall notify the District and the Watermaster
that said pumping was done pursuant to this license an~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 over-extraction as provided by Part III, Subpart A and B
in said Judgment.
KAL-KAN FOODS, INC. warrants that it has 140 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
140 acre-feet during period of July 1,1993 through June 30, 1994.
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DATED: ......J ...
KAL-KAN F ODS INC.
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BY:
CITY OF VERNON
BY:#r'71a~
ATTEST:
City Clerk
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city Attorney
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July 13, 1993
STATEMENT
KAL-KAN FOODS, INC. grants to the city of Vernon a license to
extract 140 acre-feet of KAL-KAN'S allowed pumping allocation for
the 1993-1994 Fiscal Year @ $94.50 per acre-foot for a total cost
of $13,230.00.
APPLY THE ABOVE PAYMENT TO KAL-KAN WATER ACCOUNT #12-19740-01-0.
KAL-KAN FOODS, INC.
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CITY OF VERNON agr;res to the above statement.
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signature
Date
Director of Communit
Title
services
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Date
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