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Resolution No. 6818 ... 1 RESOLUTION NO. 6818 2 3 A RESOLUTION ,OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A WATER RIGHT LICENSE BY AND BETWEEN THE CITY OF VERNON AND PACIFIC COAST BUILDING PRODUCTS, WHICH GRANTS THE CITY OF VERNON A LICENSE TO EXTRACT 800 ACRE-FEET OF PACIFIC'S ALLOWED PUMPING ALLOCATION FOR THE PERIOD JULY 1, 1996 THROUGH JUNE 30, 1997 4 5 6 7 8 WHEREAS, Pacific Coast Building Products (Pacific) owns 9 water rights from which it is willing to lease 800 acre-feet of 10 Pacific's allowed pumping allocation to the city of Vernon for 11 fiscal year 1996-1997; and 12 WHEREAS, the Director of community Services & Water and 13 Pacific have negotiated a Water Right License with an agreed price 14 for the period of July 1, 1996 through June 30, 1997 of One Hundred 15 Four Thousand Dollars and No Cents ($104,000.00), and said money 16 will be applied as a credit towards Pacific's regular water bills; 17 and 18 WHEREAS, the City of Vernon sent a "Statement" to Pacific 19 dated June 11, 1996, which provides that the sum of One Hundred Four 20 Thousand Dollars and No Cents ($104,000.00) (for 1996-97) will be 21 paid to Pacific; and 22 WHEREAS, Mr. Paul A. Jordan, the Technical Director for 23 Pacific, signed said statement on June 24, 1996, agreeing thereto. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 25 CITY OF VERNON AS FOLLOWS: 26 SECTION 1: The City Council of the City of Vernon hereby 27 finds and determines that the recitals contained hereinabove are 28 true and correct. ... 1 SECTION 2: The city council of the city of Vernon hereby approves the Water Right License and said Statement, copies of which 2 3 have been presented to the city council concurrently with this resolution, and the City council hereby orders said License to be 4 5 received and filed by the City Clerk. SECTION 3: The City Council of the city of Vernon hereby 6 7 authorizes the Mayor and the city Clerk to execute said License for, 8 and on behalf of, the City of Vernon. 9 SECTION 4: The City Clerk of the City of Vernon shall 10 certify to the passage of this resolution, and thereupon and 11 thereafter the same shall be in full force and effect. 12 APPROVED AND ADOPTED this 9th day of July, 1996. 13 14 ~~~'U~~. ,./,/ ,,' LEONIS C. MALB G, Mayor 1\T~ ~~~. BRUCE V. MALKENHORST, city Clerk 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- ~ i ~ 1 STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) 2 3 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 6818, was duly adopted by the City Council of the City of Vernon 4 5 6 at an adjourned regular meeting of the City Council duly held on 7 Tuesday, July 9, 1996, and thereafter was duly signed by the Mayor 8 ~~~. BRUCE V. MALKENHORST, City Clerk of the City of Vernon. 9 10 11 (SEAL) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- ~~d h)Y/? . ~ WATER RIGHT LICENSE THIS LICENSE is made, entered into and executed as of this ~ t.t day of -:stJN~ , 1996, BY AND BETWEEN Pacific Coast Buildinq Products (hereinafter "Licensor") 4460 Pacific Boulevard Vernon. CA 90058 AND CITY OF VERNON, a municipal corpora~ion (hereinafter ".Licensee" ) 4305 Santa Fe Avenue Vernon, CA 90058-0805 RECITALS: Licensor hereby grants to LIcensee a License to extract 800 acre-feet of Allowed Pumping Allocation allocated to Licensor (or predecessors in interest) under and pursuant to the 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, 1996 and continuing to and including June 30, 1997. This License is granted, subject to the following conditions: (1) Licensee shall exercise said right and extract the same on behalf of Licensor 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 and provide the Watermaster with a copy of this License. (4) .Licensee shall note, in any recording of water production for the period of this License, 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. Licensor warrants that it has 800 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 800 acre-feet during the period of July 1, 1996 through June 30, 1997. Pacific Coast Buildinq Products , LiCc:s.2 By: O. Qc.....~ Title: Technical Director CITY OF VERNON, Licensee ~~~/~, 03IS C. MALE' , .Mayo , ATTEST: A By: L BRUCE V. j//g~~ MALKENHORST, City Clerk APPROVED AS TO FORM: By: i:d~ ~, ~~~ DAVID B. BRE LEY, City Attor ey (Seal) -2- I , June 11, 1996 STATEMENT Pacific Coast Building Products grants to the City of Vernon a license to extract 800 acre-feet of Pacific's allowed pumping allocation for the 1996-1997 Fiscal Year @ $130.00 per acre-foot M~ :~:104' 000. :~AW'~ IU(l6aOI{ ,)1vh' Signature~~~ Title Da.te CITY OF to the above Statement. ~A"/1)"J6h~EJ ~(. t5;ig -1~ Date statement.pcb