Resolution No. 7592I RESOLUTION NO. 7592
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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 KAL-KAN FOODS, INC. WHICH GRANTS THE CITY
OF VERNON A LICENSE TO EXTRACT 168 ACRE-FEET OF KAL-
5 KAN'S ALLOWED PUMPING ALLOCATION FOR THE PERIOD JULY
1, 2000 THROUGH JUNE 30, 2001
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7 WHEREAS, the City of Vernon and Kal-Kan Foods, Inc. ("Kal-Kan")
8 have entered into various agreements since 1990 providing for the City to
9 lease Kal-Kan's allowed pumping allocation; and
10 WHEREAS, the Director of Community Services & Water and Kal-Kan
11 have negotiated a new Water Right License with an agreed price for the
12 period of July 1, 2000 through June 30, 2001 of Thirty -Nine Thousand Four
13 Hundred Eighty Dollars and No Cents ($39,480.00), and said money being
14 applied as a credit towards Kal-Kan's regular water bills; and
15 WHEREAS, the City of Vernon sent a "Statement" of account dated
16 July 24, 2000, which provides that the sum of Thirty -Nine Thousand Four
17 Hundred Eighty Dollars and No Cents ($39,480.00) (for 2000-2001) will be
18 applied to the Kal-Kan Water Account No. 12-19740-01-0, for the period
19 of July 1, 2000 through June 30, 2001; and
20 WHEREAS, said "Statement" has been submitted to the City and
21 approved by the Director of Community Services & Water; and
22 WHEREAS, Mr. John Ellsworth, the Technical Purchasing Manager
23 for Kal-Kan, signed said "Statement" on July 28, 2000, agreeing
24 thereto.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
26 CITY OF VERNON AS FOLLOWS:
271 SECTION 1: The City Council of the City of Vernon hereby
28 finds and determines that the recitals contained hereinabove are true
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I and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Water Right License and the "Statement," (which is
attached to said License), a copy of which is attached hereto as
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.
SCION 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 to:
Kal Kan Foods, Inc.
Attn. John Glenn, Commercial Manager
P. O. Box 58828
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 8th day of August, 2000.
ATTEST•
BRUCE V. MALKENHORST, City Clerk
PPI-05
rff(�— LEONIS C. M�LBURG, Iffayor
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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.
7592, 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,
August 8. 2000, and thereafter was duly signed by the Mayor of the
City of Vernon.
BRUCE V. MALKENHORST, City Clerk
(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 KAL KAN FOODS,INC.
(hereinafter "Licensor")
P.O. Box 58828
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
168 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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A - 1
Licensor warrants that it has 168 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
168 acre-feet during the period of July 1, 2000 through
June 30, 2001.
KAL-KAN ODS INC.
Licens
By: John Glenn
Title C mmercia1 Manager
By:
Jo n Ellsworth
T tl Technical_ Purchagina Man;;aPr
CITY OF VERNON
Licensee
By:
LEONIS C. MALBURG, Mayor
ATTEST:
By:
BRUCE V. MALKENHORST, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
EDUARDO OLIVO, City Attorney
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A - 2
1 ' w
July 24, 2000
STATEMENT
KAL KAN FOODS, INC. grants to the City of Vernon a license to
extract 168 acre-feet of KAL KAN FOODS, INC.'s allowed pumping
allocation for the 2000-2001 Fiscal Year @ $235.00 per acre-foot
for a total cost of $39,480.00.
APPLY THE ABOVE PAYMENT TO KAL-KAN ACCOUNT ##12-19740-01-0
KAL
OODS, INC.
y ///
iture
Title
VERNON agrees to the above Statement.
ture
statement.fk
Title
'/Go
Date
Date
A - 3
WATER RIGHT LICENSE
_THIS LICENSE is made, entered into and executed as of
this r_day of 2000.
BY AND BETWEEN KAL KAN FOODS,INC.
(hereinaf ter "Licensor")
P.O. Box 58828
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
168 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 168 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
168 acre-feet during the period of July 1, 2000 through
June 30, 2001.
KAL-KAN ODS. INC.
en161),
By:
John Glenn
CITY OF VERNON
Licensee
B
ONIS C. MAL G�,My®r'
ATTEST:
By:
BRUCE V. MALKENHORST, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
EDUARDO OLIVO, Ci Attorney
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July 24, 2000
STATEMENT
KAL KAN FOODS, INC. grants to the City of Vernon a license to
extract 168 acre-feet of KAL KAN FOODS, INC.'s allowed pumping
allocation for the 2000-2001 Fiscal Year @ $235.00 per acre-foot
for a total cost of $39,480.00.
APPLY THE ABOVE PAYMENT TO KAL-KAN ACCOUNT'012-19740-01-0
KAL
, INC.
ture
Title
F VERNON agrees to the above Statement.
mo, //i
ture
statement.Rk
Title
Date
L� lad
Date