Resolution No. 7567I RESOLUTION NO. 7567
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
WATER RIGHT LICENSE BY AND BETWEEN THE CITY OF
4 VERNON AND NI INDUSTRIES, INC. WHICH GRANTS THE CITY
OF VERNON A LICENSE TO EXTRACT 138 ACRE-FEET OF THE
5 ALLOWED PUMPING ALLOCATION OF NI INDUSTRIES, INC.
FOR THE PERIOD JULY 1, 2000 THROUGH JUNE 30, 2001
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WHEREAS, the City of Vernon and NI Industries, Inc. ("NI") wish
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to enter into an agreement providing for the City to lease 138 acre-feet
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of the allowed pumping allocation of NI; and
10 WHEREAS, the Director of Community Services & Water and NI have
11 negotiated a Water Right License for the period of July 1, 2000 through
12 June 30, 2001 with an agreed price of Twenty -Seven Thousand Six Hundred
13 Dollars and No Cents ($27,600.00); and
14 WHEREAS, a "Statement" of account dated June 5, 2000, providing
15 that the sum of Twenty -Seven Thousand Six Hundred Dollars and No Cents
16 ($27,600.00) (for the 2000-2001 fiscal year) will be paid to NI has been
17 submitted to the City and approved by the Director of Community Services
18 & Water; and
19 WHEREAS, Mr. John G. Maniatakis, the Vice President for NI,
20 signed said "Statement" on June 5, 2000, agreeing thereto.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
22 CITY OF VERNON AS FOLLOWS:
23 SECTION 1: The City Council of the City of Vernon hereby
24 finds and determines that the recitals contained hereinabove are true
25 and correct.
26 SECTION 2: The City Council of the City of Vernon hereby
27 approves the Water Right License and the "Statement" (which is
28 attached to said License), a copy of which is attached hereto as
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Exhibit "A and made a part hereof.
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 Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send a fully executed
Water Right License and a check for Twenty -Seven Thousand Six Hundred
Dollars and No Cents ($27,600.00), to:
NI Industries, Inc.
Attn. John G. Maniatakis, Vice President
5215 S. Boyle Avenue
Vernon, CA 90058
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send a copy of the Water
Right License (without the Statement) to:
Watermaster Service
State of California
Department of Water Resources
770 Fairmont Avenue, Suite 102
Glendale, CA 91203-1035
SECTION 6: 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 llth day of July, 2000'.
ATTES
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MA,BURG, ayor
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I STATE OF CALIFORNIA
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2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 7567, was duly adopted by the City Council of the City of Vernon at an
7 adjourned regular meeting of the City Council duly held on Tuesday,
8 July 11, 2000, and thereafter was duly signed by the Mayor of the City
g of Vernon. /
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BRUCE V. MALKENHORST, City Clerk
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12 (SEAL)
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EXHIBIT A
WATER RIGHT LICENSE
THIS LICENSE is made, entered into and executed as of
this day of 2000.
BY AND BETWEEN NI INDUSTRIES, INC.
(hereinafter "Licensor")
5215 S. Boyle Avenue
Vernon, CA 90058
AND CITY OF VERNON, a municipal
corporation (hereinafter
"Licensee")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
RECITALS•
a
Licensor hereby grants to Licensee a License to extract
138 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, 2000, and continuing to and including
June 30, 2001.
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.
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Licensor warrants that it has 138 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
138 acre-feet during the period of July 1, 2000 through June 30,
2001.
ATTEST:
By:
NI INDUSTRIES. INC.
Licensor
By:
JOHN G. MANiATAKiS
V.G.E. PRESIDEN1
Print Name
Title
By:
Print Name
Title // �l/Lt
BRUCE V. MALKENHORST, City Clerk
( SEAL )
IRASEAGREEMENT.NI
CITY OF VERNON
Licensee
By:
LEONIS C. MALBURG, Mayor
APPROVED AS TO FORM:
By:
EDUARDO OLIVO, City Attorney
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Y
STATEMENT
NI INDUSTRIES, INC. grants to the City of Vernon a license to
extract 138 acre-feet of NI INDUSTRIES, INC. Is allowed pumping
allocation for the 2000-2001 Fiscal Year @ $200.00 per acre-foot
for a total cost of $27,600.00.
NI INDUSTRIES, INC. C
v
JOHN G. MANIATAKIS
VICE PRESIDENT
gnature Title / Date
CITY OF VERNON agrees to the above Statement.
Director of Community Sea
ig ature Title
statement.NI
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Date
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