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Resolution No. 72271 2 RESOLUTION NO. 7227 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A WATER RIGHT LICENSE BY AND BETWEEN THE CITY OF 5 VERNON AND CALIFORNIA WATER SERVICE COMPANY WHICH GRANTS THE CITY OF VERNON A LICENSE TO EXTRACT 6 2,000 ACRE-FEET OF CALIFORNIA WATER SERVICE COMPANY'S ALLOWED PUMPING ALLOCATION FOR THE 7 PERIOD JULY 1, 1998 THROUGH JUNE 30, 1999 8 WHEREAS, CALIFORNIA WATER SERVICE COMPANY ("CWSC") owns 9 water rights from which it is willing to lease 2,000 acre-feet of 10 CWSC's allowed pumping allocation to the City of Vernon for fiscal 11 year 1998-1999; and 12 WHEREAS, the Director of Community Services & Water and 13 CWSC have negotiated a new Water Right License with an agreed price 14 for the period of July 1, 1998 through June 30, 1999 of Three 15 Hundred Fifty-six Thousand Dollars and No Cents ($356,000.00), and 16 said money will be sent to California Water Service Company; and 17 WHEREAS, Mr. Robert Guzzetta, Vice President for CWSC, 18 signed said statement on October 8, 1998, agreeing thereto. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 20 CITY OF VERNON AS FOLLOWS: 21 SECTION 1: The City Council of the City of Vernon hereby 22 finds and determines that the recitals contained hereinabove are 23 true and correct. 24 SECTION 2: The City Council of the City of Vernon hereby 25 approves the Water Right License and said Statement, copies of which 26 have been presented to the City Council concurrently with this 27 resolution, and the City Council hereby orders said License to be 28 received and filed by the City Clerk. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17' 18I 19 20 21 22 23 24 25 26 27 28 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 20th day of October, 1998. ATTE7: BRUCE V. MALKENHORST, City Clerk -2- THOMAS A. YB , Mayor Pro Tem 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 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. 7227, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, October 20, 1998, and thereafter was duly signed by the Mayor of the City of Vernon. BRUCE V. MALKENHORST, City Clerk (SEAL) -3- SUPPORTING DOCUMENTS CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 DAVID B. BREARLEY City Attorney FAX: (626) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 October 26, 1998 California Water Service Company P.O. Box 1150 San Jose, CA 95108-1150 Attn: Mr. Robert Guzzetta Re: Water Right License and Agreement Dear Mr. Guzzetta: KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Enclosed herewith is a duplicate original of the fully executed Water Right License, which was approved by the City Council of the City of Vernon on October 20, 1998 by Resolution N Immmm Also enclosed is our Check No. 69204 in the amount of $356,000.00 for pumping allocation for the fiscal year July 1, 1998 through June 30, 1999. If you have any questions, please do not hesitate to call Mr. Kevin Wilson, our Director of Community Services & Water, at Ext. 245. Very truly yours, CITY OF VERNON AGloriaJ. Oro o Chief Deputy City Clerk GJO:rcw xc: K. Wilson Enclosure CITY 0F1�101�1 FOLIO NUMBERWELLS P 43055AR F A� �NUE 6 0 2 0 4 1lEtlOGQtb = 58t` ,, :. � "AZT, � , , 1" �4� "� �� d i./ � r 4 r 'THESUM OF DOLLARSAND. PAY TC5eice Or�pany a i ro M1 g� II0069 20411' 1: L 2 2 LO L L9 P:L L59 28 37 381" CITY OF VERNON • 4305 SANTA FE AVE. • VERNON, CALIFORNIA 90058-0805 I VENDOR NO: VENDOR NAME DATE CKECK;ISSUED. , CHECK NO. 007940 1 California Water 020-501-1084-5110 I I I Water Right License and Agreemet 356,000.00) 1998-1999 ASS - 11/3/98 THIS LICENS made, entered into and executed as of this -,(� day of _ 1998. BY AND BETWEEN California Water Service Company (hereinafter "Licensor") P.O. Box 1150 San Jose, CA 95108-1150 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 2,000 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- Allowed not pump of said June 30, ATTEST: By: Licensor warrants that it has 2,000 acre-feet of Pumping Allocation and that it has not pumped and will or permit or license any other person to pump any part 2,000 acre-feet during the period of July 1, 1998 through 1999. California Water _Service Company Licensor Brv, Robert Guzzetta Title•ice President By: P 1 k t om Title: Corporate Secretary CITY OF VERNON Licensee BRUCE V. MALKENHORST, City Clerk (SEAL) 1&U .ca1wa0ar tvtiAodaki ;SI.� d►: N �i1 �. ,. .'. 31,' y do o � THOMAS A. i ' Mayor• Tem APPROVED AS TO FORM: By: VID B. BREARLEY, City Attorney -2 - September 21, 1998 STATEMENT California Water Service Company grants to the City of Vernon a license to extract 2,000 acre-feet of California Water Service Company's allowed pumping allocation for the 1998-1999 Fiscal Year @ $178.00 per acre-foot for a total cost of $356,000.00. S' ture / Title CITY OF,,VERNON agrees to the above Statement. ture Title statement.calwater " Date /o//Sr Date