Resolution No. 7837r �
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RESOLUTION NO. 7837
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 SEVEN-UP/RC BOTTLING COMPANY OF SOUTHERN
CALIFORNIA, INC., WHICH GRANTS THE CITY OF VERNON A
LICENSE TO EXTRACT 69 ACRE-FEET OF THE ALLOWED
PUMPING ALLOCATION OF SEVEN-UP/RC BOTTLING COMPANY
FOR THE PERIOD JULY 1, 2001 THROUGH JUNE 30, 2002
WHEREAS, the City of Vernon and Seven-Up/RC Bottling Company
of Southern California, Inc. ("Seven -Up") desire to enter into an
agreement allowing the City to lease 69 acre-feet of the allowed
pumping allocation of Seven -Up; and
WHEREAS, the Director of Community Services & Water and
Seven -Up have negotiated a Water Right License for the period of
July 1, 2001 through June 30, 2002, with an agreed price of Sixteen
Thousand Two Hundred Fifteen Dollars and No Cents ($16,215.00); and
WHEREAS, a "Statement" of account dated September 13, 2001,
providing that the sum of Sixteen Thousand Two Hundred Fifteen Dollars
and No Cents ($16,215.00) will be paid to Seven -Up, for the period of
July 1, 2001 through June 30, 2002, has been submitted to the City and
approved by the Director of Community Services & Water; and
WHEREAS, on August_29, 2001, Mr. Mike Bonsignore, Vice
President of Operations for Seven -Up, executed the Statement.
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.
SECTION 2: The City Council of the City of Vernon hereby
In
1 approves the Water Right License and the "Statement," (which is
2 attached to the License), a copy of which is attached hereto as
3 Exhibit "A" and made a part hereof.
4 SECTION 3: The City Council of the City of Vernon hereby
5 authorizes the Mayor and the City Clerk to execute said License for,
6 and on behalf of, the City of Vernon.
7 SECTION 4: The City Council of the City of Vernon hereby
8 directs the City Clerk, or his designee, to send a fully executed Water
9 Right License to:
10 Seven-Up/RC Bottling Company of Southern
11 California, Inc.
Attn. Mr. Mike Bonsignore, Vice President, Operations
12 3220 East 26th Street
Vernon, CA 90023-4298
13
SECTION 5: The City Council of the City of Vernon hereby
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directs the City Clerk, or his designee, to send a copy of the Water
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Right License (without the Statement) to:
16
Watermaster Service
17 State of California
18 Department of Water Resources
770 Fairmont Avenue, Suite 102
19 Glendale, CA 91203-1035
20 SECTION 6: The City Clerk of the City of Vernon shall
21 certify to the passage of this resolution, and thereupon and thereafter
22 the same shall be in full force and effect.
23 APPROVED AND ADOPTED this 19th day of September, 2001.
24
25 ATTEST* THOMAS A. YB RA, Mayor Pro Tem
.
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27 BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
J 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.
7837, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday,
September 19, 2001, and thereafter was duly signed by the Mayor Pro Tem
of the City of Vernon.
BRUCE V. MALKENHORST, City Clerk
(SEAL)
- 3 -
EXHIBIT
0
WATER RIGHT LICENSE
THIS LICENSE is made, entered into and executed as of this day of
2001.
BY AND BETWEEN SEVEN-UP/RC BOTTLING
COMPANY OF SOUTHERN
AND
RECITALS•
CALIFORNIA, INC.
(hereinafter "Licensor")
3220 East 261h Street
Vernon, CA 90023-4298
CITY OF VERNON, a municipal
corporation
(hereinafter "Licensee")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
Licensor hereby grants to Licensee a License to extract 69 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, 2001, and continuing to and including June 30, 2002.
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.
Licensor warrants that it has 69 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 69 acre-feet during the period of July 1, 2001 through June 30, 2002.
SEVEN-UP/RC BOTTLING COMPANY
OF SOUTHERN CALIFORNIA INC.
Licensor
t
By:
__ laial�A_Xtl�
Mike. onsignore
Print Name
Title: Vie President, Operations
By: vJ_ —
Floyd Koda
Print Name
Title: Vice President, Finance / CFO
ATTEST:
By:
BRUCE V. MALKENHORST, City Clerk
(SEAL)
CITY OF VERNON
Licensee
By:
LEONIS C. MALBURG, Mayor
APPROVED AS TO FORM:
By:
EDUARDO OLIVO, City Attorney
C:\My Documents\WaterRight\7 Up License 01-02.doc
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1. N
STATEMENT
SEVEN-UP/RC BOTTLING COMPANY OF SOUTHERN CALIFORNIA, INC. grants to
the City of Vernon a license to extract 69 acre-feet of SEVEN-UP/RC BOTTLING COMPANY OF
SOUTHERN CALIFORNIA, INC. allowed pumping allocation for the 2001-2002 Fiscal Year @
$235.00 per acre-foot for a total cost of $16,215.00.
SEVEN-UP/RC BOTTLING COMPANY OF SOUTHERN CALIFORNIA, INC.
Vice President. Operations
Signature
Title
CITY OF VERNON agrees to the above Statement.
/;-%,
I' 29 a
Date
Title Date
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) 826-1438
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
September 25, 2001
Seven-Up/RC Bottling Company of Southern
California, Inc.
Attn: Mr. Mike Bonsignore, Vice President., Operations
3220 East 26th Street
Vernon, CA 90023-4298
Re: Water Right License Agreement
Dear Mr. Bonsignore:
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX:(323)826-1481
Transmitted herewith is an original copy of the aforementioned
agreement approved at the Vernon City Council meeting held September
19, 2001, and a check in the amount of $16,215.00 as stated on the
agreement.
If you have any questions regarding this matter, please call Mr. Kevin
Wilson at 323/583-8811 ext. 245.
Very truly yours,
CITY OF VERNON
Gloria J. osco
Chief Deputy City Clerk
GJO:ng
CC: Kevin Wilson
A ree ent File�NNoo. 01-+
g 065
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
Watermaster Service
State of California
Department of Water Resources
770 Fairmont Avenue
Suite 102
Glendale, CA 91203-1035
Re: Water Right License Agreement
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
September 25, 2001
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX:(323)826-1481
Transmitted herewith is a copy of a fully executed Water Right License
Agreement by and between Seven-Up/RC Bottling Company of Southern
California, Inc., and the City of Vernon approved at the Vernon City
Council meeting held September 19, 2001.
If you have any questions regarding this matter, please call Mr. Kevin
Wilson at 323/583-8811 ext. 245.
Very truly yours,
CITY OF VERNON
J
4Go ia J. rosco
Chief Deputy City Clerk
GJO:ng
CC: Kevin Wilson
Agreement File No. 01-065