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Resolution No. 7966f i 1 2 3 4 5 6 7 94 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 ME RESOLUTION NO. 7966 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 CALIFORNIA WATER SERVICE COMPANY FOR THE PERIOD JULY 1, 2001 THROUGH JUNE 30, 2002 WHEREAS, the City of Vernon and California Water Service Company ("California") wish to enter into an agreement providing for the City to lease 750 acre-feet of the allowed pumping allocation of California; and WHEREAS, the Director of Community Services & Water and California have negotiated a Water Right License for the period of July 1, 2001 through June 30, 2002, with an agreed price of One Hundredl'' Sixty -One Thousand Two Hundred Fifteen Dollars and No Cents ($161,215.00); and WHEREAS, a Statement of account dated May 2, 2002, providing that the sum of One Hundred Sixty -One Thousand Two Hundred Fifteen Dollars and No Cents ($161,215.00) will be paid to California, 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, Mr. Robert Guzzetta, Vice President for California, signed the Statement on April 29, 2002, 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. SECTION 2: The City Council of the City of Vernon hereby approves the Water Right License and the Statement (which is attached r r , 1 to the License), a copy of which is attached hereto as Exhibit "A" and 2 made a part hereof. 3 SECTION 3: The City Council of the City of Vernon hereby 4 authorizes the Mayor and the City Clerk to execute the License for, and 5 on behalf of, the City of Vernon. 6 SECTION 4: The City Council of the City of Vernon hereby 7 directs the City Clerk, or his designee, to send a fully executed Water 8 Right License to: 9 California Water Service Company Attn. Robert Guzzetta, Vice President 10 3316 W. Beverly Blvd. 11 Montebello, CA 90640-1537 12 SECTION 5: The City Council of the City of Vernon hereby 13 directs the City Clerk, or his designee, to send a copy of the Water 14 Right License (without the Statement) to: 15 Watermaster Service State of California 16 Department of Water Resources 17 770 Fairmont Avenue, Suite 102 Glendale, CA 91203-1035 18 SECTION 6: The City Clerk of the City of Vernon shall 19 certify to the passage of this resolution, and thereupon and thereafter 20 the same shall be in full force and effect. 21 ' APPROVED AND ADOPTED this 8th day of May, 2002. 22 23 P 24 LEONIS C. MA URG, Ma or 25 ATTEST: 26 BRUCE V. MALKENHORST, City Clerk 27 28 2 _ 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. 7966, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Wednesday, May 8, 2002, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 3 - *IVA VA& WATER RIGHT LICENSE THIS LICENSE is made, entered into and executed as of this day of 2002. BY AND BETWEEN CALIFORNIA WATER SERVICE COMPANY WEE RECITALS: (hereinafter "Licensor") 3316 West Beverly Boulevard Montebello, CA 90640-1537 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 750 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 750 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 750 acre-feet during the period of July 1, 2001 through June 30, 2002. CALIFORNIA WATER SERVICE COMPANY Licensor By: Print Name Title: B Print Name Title: a"y .�Q 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 -2- g STATEMENT CALIFORNIA WATER SERVICE COMPANY grants to the City of Vernon a license to extract 750 acre-feet of CALIFORNIA WATER SERVICE COMPANY allowed pumping allocation for the 2001-2002 Fiscal Year @ $215.00 per acre-foot fora total cost of $161,215.00. CALIFORNIA WATER SERVICE COMPANY Signature Title CITY IOF�VERNON agrees to the above Statement. l Title Date 2, 2002 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 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 May 15, 2002 California Water Service Company Attn: Robert Guzzetta 3316 W. Beverly Blvd. Montebello, CA 90640-1537 Re: Water Right License Dear Mr. Guzzetta: EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 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 duplicate original copy of a Water Right License approved by the Vernon City Council on May 8, 2002, and a check in the amount of $161,215.00. If you have any questions regarding this matter, please call Mr. Kevin Wilson at (323) 583-8811 ext. 245. Very truly yours, kNeytjGi n Assistan Chief Deputy City Clerk NG/mt CC: Kevin S. Wilson Agreement File #02-022 Resolution No. 7966 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 CITY HALL 4305 SAWA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 May 15, 2002 Watermaster.Service State of California Department of Water Resource 770 Fairmont Avenue, Suite 102 Glendale, CA 91203-1035 Re: Water Right License To Whom It May Concern: EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 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 Water Right License by and between the City of Vernon and California Water Service Company, approved by the Vernon City Council on May 8, 2002. If you have any questions regarding this matter, please call Mr. Kevin Wilson (323) 583-8811"ext. 245. Very truly yours, elly Gir Assistant Chief Deputy City Clerk NG/mt CC: Kevin S. Wilson Agreement File #02-022 Resolution No. 7966 WATER RIGHT LICENSE 2002. THIS LICENSE is made, entered into and executed as of this day of BY AND BETWEEN CALIFORNIA WATER SERVICE COMPANY 0 RECITALS: (hereinafter "Licensor') 3316 West Beverly Boulevard Montebello, CA 90640-1537 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 750 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 750 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 750 acre-feet during the period of July 1, 2001 through June 30, 2002. CALIFORNIA WATER SERVICE COMPANY Licensor az' Print Name Bv:-�Z/ 4 Print Name Title: G.►wl^ 844 i ATTEST: By: l/ BRUCE V. MALKENHORST, City Clerk (SEAL) -2- CITY OF VERNON Licensee By: &EONISC. "UR�G,ayor APPROVED AS TO FORM: By: 0 J� EDUARDO OLIVO, City Attorney STATEMENT CALIFORNIA WATER SERVICE COMPANY grants to the City of Vernon a license to extract 750 acre-feet of CALIFORNIA WATER SERVICE COMPANY allowed pumping allocation for the 2001-2002 Fiscal Year @ $215.00 per acre-foot for a total cost of $161,215.00. CALIFORNIA WATER SERVICE COMPANY e Signature Title CITY OF VERNON agrees to the above Statement. r Date