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Resolution No. 74235 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 211 22 23 24 25 26 WA RESOLUTION NO. 7423 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 SOUTHERN CALIFORNIA EDISON COMPANY, WHICH GRANTS THE CITY OF VERNON A LICENSE TO EXTRACT 350 ACRE-FEET OF THE ALLOWED PUMPING ALLOCATION OF SOUTHERN CALIFORNIA EDISON COMPANY FOR THE PERIOD JULY 1, 1999 THROUGH JUNE 30, 2000 WHEREAS, the City of Vernon and Southern California Edison Company ("Edison") wish to enter into an agreement providing for the City to lease 350 acre-feet of the allowed pumping allocation of Edison; and WHEREAS, the Director of Community Services & Water and Edison have negotiated a Water Right License for the period of July 1, 1999 through June 30, 2000, with an agreed price of Seventy - Three Thousand Five Hundred Dollars and No Cents ($73,500.00); and WHEREAS, a "Statement" of account dated September 21, 1999 providing that the sum of Seventy -Three Thousand Five Hundred Dollars and No Cents ($73,500.00) will be paid to Edison, 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. Ric Greenwood, Real Estate Revenue Regional Manager for Edison, signed said Statement dated September 21, 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 2811 and correct. "4p . 1 SECTION 2: The City Council of the City of Vernon hereby 2 approves the Water Right License and the Statement, copies of which 3 have been presented to the City Council concurrently with this 4 resolution, and the City Council hereby orders said documents to be 5 received and filed by the City Clerk. 6 SECTION 3: The City Council of the City of Vernon hereby 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 19th day of October, 1999. 13 14 EONIS C. MAtBURG, Wayor 15 ATTEST: 16 BRUCE V. MALKENHORST, City Clerk 17 18 ' 19 20 21 22 23 24 25 26 27 28 -2- 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. 7423, 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 19, 1999, and thereafter was duly signed by the Mayor of the City of Vernon. BRUCE V. MALKENHORST, City Clerk (SEAL) W • -3- SUPPORTING DOCUMENTS OFFICE OF THE CITY ADMINISTRATOR/CITY CLERK INTER -OFFICE MEMORANDUM TO: Kevin Wilson, Director of Community Services & Water FROM: Gloria J. Or 4 Chief Deputy City Clerk DATE: October 27, 1999 RE: Water Right License - Southern California Edison Co. Transmitted herewith is a fully executed duplicate original Water Right License with Southern California Edison Co. which was approved by City Council on October 19, 1999 through Resolution No. 7423. Please forward said License along with payment. An original of the same is being retained in this office for our files. Thank you. WATER RIGHT LICENSE THIS LICENSE is made, entered into and executed as of this `7+h day of 0C (per 1999. BY AND BETWEEN SOUTHERN CALIFORNIA EDISON COMPANY (hereinafter "Licensor") 12353 Hesperia Road Victorville, CA 92392-5815 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 350 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 -1- 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. Licensor warrants that it has 350 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 350 acre-feet during the period of July 1, 1999 through June 30, 2000. Sout California Edison Lice so By: Ric Gre n od Regional Manag CITY OF VERNON Licensee By: , NIS C. MALBUR �,Mayor ATTEST: B v Y� BRUCE V. MALKENHORST, City Clerk ( SEAL) C:\My Documents\LEASEAGREEMENTS\SOCAEDISON.doc APPROVED AS TO FO By: �&ARLEY, s3� _ Cc I DAVID B. Ci y Attor ey -2- September 21, 1999 STATEMENT Southern California Edison Company grants to the City of Vernon a license to extract 350 acre-feet of California Water Service Company's allowed pumping allocation for the 1999-2000 Fiscal Year Q $210.00 per acre-foot for a total cost of $73,500.00. SO RN CALIFO IA E ISON COMPANY Real Estate Revenue Re Tonal Mana er S'gn ture Title Date CITY F VERNON agrees to the above Statement. Title Date C:\My Docunents\LEASEAGREEMENTS\STATEMENTedison.doc