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Resolution No. 72122 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7212 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 COAST PACKING COMPANY, WHICH GRANTS THE CITY OF VERNON A LICENSE TO EXTRACT 425 ACRE- FEET OF COAST PACKING'S ALLOWED PUMPING ALLOCATION FOR THE PERIOD JULY 1, 1998 THROUGH JUNE 30, 1999 WHEREAS, Coast Packing Company (Coast Packing) owns water rights from which it is willing to lease 425 acre-feet of allowed pumping allocation to the City of Vernon for fiscal year 1997-1998; and WHEREAS, the Director of Community Services & Water and Coast Packing have negotiated a Water Right License with an agreed price for the period of July 1, 1998 through June 30, 1999 of Sixty- eight Thousand Dollars and No Cents ($68,000.00); and WHEREAS, the City of Vernon sent a "Statement" to Coast Packing dated August 5, 1998, which provides that the sum of Sixty- eight Thousand Dollars and No Cents ($68,000.00) (for 1998-99) will be paid to Coast Packing; and WHEREAS, Mr. Ronald R. Gustafson, the President of Coast Packing, signed said statement on August 17, 1998, agreeing thereto. 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 said Water Right License and said Statement, copies of which have been presented to the City Council concurrently with this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 resolution, and the City Council hereby orders said items 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 Water Right License 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 8th day of September, 1998. *-LONIS C. MAL G, May r ATTEST: BRUCE V. MALKENHORST, City Clerk -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 it's 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 7212, 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, September 8, 1998, and thereafter was duly signed by the Mayor of the City of Vernon. BRUCE V. MALKENHORST, City Clerk (SEAL) -3- SUPPORTING DOCUMENTS 1 THIS LICENSE is made entered into and executed as of this 17 day of August 1998. BY AND BETWEEN Coast Packing Company (hereinafter "Licensor") 3275 Vernon Avenue Vernon, CA 90058 AND CITY OF VERNON, a municipal corporation (hereinafter "Licensee") 4305 Santa Fe Avenue Vernon, CA 90058-0805 RECITALS: Licensor hereby grants to Licensee a License to extract 425 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, 1998, and continuing to and including June 30, 1999. 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 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. -1- Licensor warrants that it has 425 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 425 acre-feet during the period of July 1, 1998 through June 30, 1999. Coast Packina Company Licengor ffonald�qustaf son Title: President CITY OF VERNON Licensee ATTEST: By: BRUCE V. MALKENHORST, City Clerk (SEAL) LaAssaaasEMENT.coast gy . �JS . MA!VU �GMayor APPROVED AS TO FORM: BY: DAVID B. BREARLEY, 1ty Attorney -2- August 5, 1998 STATEMENT COAST PACKING COMPANY grants to the City of Vernon a license to extract 425 acre-feet of COAST PACKING COMPANY'S allowed pumping allocation for the 1998-1999 Fiscal Year Q $160.00 per acre-foot for a total cost of $68,000.00 COAST PACKING COMPANY Ronald Gustafson CITY OF,, VERNON agrees to the above Statement. tUre statement.COAST Title Date J