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Resolution No. 73851' 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 NO. 7385 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 THE ALLOWED PUMPING ALLOCATION OF COAST PACKING COMPANY FOR THE PERIOD JULY 1, 1999 THROUGH JUNE 30, 2000 WHEREAS, the City of Vernon and Coast Packing Company ("Coast") wish to enter into an agreement providing for the City to lease 425 acre-feet of the allowed pumping allocation of Coast; and WHEREAS, the Director of Community Services & Water and Coast have negotiated a Water Right License for the period of July 1, 1999 through June 30, 2000, with an agreed price of Eighty -Two Thousand Eight Hundred Seventy -Five Dollars and No Cents ($82,875.00); and WHEREAS, a "Statement" of account dated July 19, 1999, providing that the sum of Eighty -Two Thousand Eight Hundred Seventy - Five Dollars and No Cents ($82,875.00) will be paid to Coast, for the period of July 1, 1999 through June 30, 2000, has been submitted to the City and approved by the Director of Community Services & Water; and WHEREAS, Mr. Ronald Gustafsen, President for Coast, signed said Statement on July 22, 1999, 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. 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 SECTION 2: The City Council of the City of Vernon hereby approves the Water Right License and the Statement, an original of which have been presented to the City Council concurrently with this resolution, and the City Council hereby orders said documents 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 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 3rd day of August, 1999. P LEONIS C. MA BURG, Nfayor ATTEST• BRUCE V. MALKENHORST, City Clerk -2- i 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. 7385, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, August 3, 1999, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) G� BRUCE V. MALKENHORST, City Clerk -3- SUPPORTING DOCUMENTS 111073489111 1:L2210LL9L1:4L59 283738►►a CITY OF VERNON - 4305 SANTA FE AVE. - VERNON, CALIFORNIA 90058-0805 VENDOR NAME DATE CHECK lSS,UED CHC,'M, 007826 Coast Packing Company 8/3/99 73489 r. v= CQttt Niln�s a 0 Ov ,10 NO. YOUR INVOICE DATE PAYMENT DESCRIPTION = .W► G±~} +1 ',>. " , 020-501-1084-5110 Water Right License and Agreeme t $82,875.00 1999-2000 SS - 8/17/99 d WATER RIGHT LICENSE T�IS LICENSE is made, entered into and executed as of this _day of 1999. 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, 1999, and continuing to and including June 30, 2000. 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, 1999 through June 30, 2000. .. -101041--wo OB Title: President _ By: — (L�Z/f I Alan Greene Title: CFO CITY OF VERNON Licensee By: r LeONIS C. MALBUKG, May r ATTEST: By: BRUCE V. MALKENHORST, City Clerk (SEAL) LRASSAGRSHMENT.coast APPROVED AS TO FORM: By: ��4- za6Le5z" DAVID B. BREARLEY, Cilty Attorney /.= July 19, 1999 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 1999-2000 Fiscal Year @ $195.00 per acre-foot for a total cost of $82,875.00 COAST PACKING COMPANY President 7/22/1999 ignat re Title Date CITY QF VERNON agrees to the above Statement. Sri statement.COAST Title 7 Date