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Resolution No. 80431 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 RESOLUTION NO. 8043 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 COAST PACKING COMPANY FOR THE PERIOD JULY 1, 2002 THROUGH JUNE 30, 2003 WHEREAS, the City of Vernon and Coast Packing Company ("Coast Packing") wish to enter into an agreement permitting the City to lease 390 acre-feet of Coast Packing's allowed pumping allocation; and WHEREAS, the Director of Community Services & Water and Coast Packing have negotiated a Water Right License for the period of July 1, 2002 through June 30, 2003 with an agreed price of Ninety -Seven Thousand Five Hundred Dollars and No Cents ($97,500.00); and WHEREAS, a Statement of account dated August 14, 2002 (the "Statement"), providing that the sum of Ninety -Seven Thousand Five Hundred Dollars and No Cents ($97,500.00) (for the 2002-2003 fiscal year) will be paid to Coast Packing has been submitted to the City and. approved by the Director of Community Services & Water; and WHEREAS, Mr. Ronald R. Gustafson, the President of Coast Packing, signed the Statement on August 7, 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 to the License), a copy of which is attached hereto as Exhibit "A" and 1, I 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 made a part hereof. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute the 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 Ninety -Seven Thousand Five Hundred Dollars and No Cents ($97,500.00), to: Coast Packing Company Attn. Ronald R. Gustafson, President 3275 E. Vernon Avenue P. O. Box 58918 Vernon, CA 90058-0918 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 21s` day of August, 2002. ATTEST- BRUCE V. MALKENHORST, City Clerk LEONIS C. MALB RG, Ma r - 2 - I STATE OF CALIFORNIA ) ss 2 COUNTY OF LOS ANGELES ) 3 4 I,-BRUCE V. MALKENHORST, City Clerk of the City of Vernon, 5 do hereby certify that the foregoing Resolution, being Resolution No. 6 8043, was duly adopted by the City Council of the City of Vernon at a 7 regular meeting of the City Council duly held on Wednesday, August 21, 8 2002, and thereafter was duly signed by the Mayor of the City of 9 Vernon. 10 v ho< 11 BRUCE V. MALKENHORST, City 2dte—rk 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 SUPPORTING DOCUMENTS EXHIBIT 0 WATER RIGHT LICENSE THIS LICENSE is made, entered into and executed as of this day of 2002. BY AND BETWEEN COAST PACKING COMPANY (hereinafter "Licensor") 3275 East Vernon Avenue P.O. Box 58918 Vernon, CA 90058-0918 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 390 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, 2002, and continuing to and including June 30, 2003. 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 390 acre-feet of Allowed Pumping Allocation and that it has -----------not-pumped-and-will--riot pump-orpermit-or license any -other person to-pumlrany - acre-feet during the period of July 1, 2002 through June 30, 2003. COAST PACKING COMPANY Licensor By: Ronald R. Gustafson Print Name Title: President Ronald R. Gustafson Print Name Title: Secretary ATTEST: BRUCE V. MALKENHORST, City Clerk (SEAL) -2- CITY OF VERNON Licensee By: LEONIS C. MALBURG, Mayor APPROVED AS TO FORM: : EDUARDO OLIVO, City Attorney STATEMENT COAST PACKING COMPANY grants to the City of Vernon a license to extract 390 acre- feet of COAST PACKING COMPANY allowed pumping allocation for the 2002-2003 Fiscal Year @ $250.00 per acre-foot for a total cost of $97,500.00. COAST PACKING COMPANY President 8/7/2002 Signamre _ Title CITY OF VERNON agrees to the above Statement. Title Date T1e 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 September 5, 2002 Watermaster Service State of California Department of Water Resources 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 Coast Packing Company approved by the Vernon City Council on August 21, 2002. If you have any questions regarding this matter, please call Mr. Kevin Wilson at (323) 583-8811 ext. 245. Very truly yours, Nelly on Assistant to the Chief Deputy City Clerk NG/gm CC: Kevin Wilson Resolution No. 8043 Agreement No. 02-063 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-Mll September 5, 2002 Coast Packing Company Attn: Ronald R. Gustafson, President 3275 E. Vernon Avenue P.O. Box 58918 Vernon, CA 90258-0918 Re: Water Right License Dear Mr. Gustafson: 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 the above referenced approved by the Vernon City Council on August 21, 2002, and Check No. 00206523 in the amount of $97,500.00. If you have any questions regarding this matter, please call Mr. Kevin Wilson at (323) 583-8811 ext. 245. Very truly yours, Nelly Gi n Assistant to the Chief Deputy City Clerk NG/gm CC: Kevin Wilson Resolution No. 8043 Agreement No. 02-063 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 Council City of Vernon Honorable Members: EDUARDO OLIVO p► City Attorney FAX: (562) 869-1883 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 August 14, 2002 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 one-year Water Right License and Agreement with Coast Packing Company, for the rights to 390 acre-feet of water. The cost of this water is $250.00 per acre-foot or $97,500.00 total. This has been reviewed by the Director of Community Services and Water and the City Attorney; and it is hereby recommended that the Agreement be approved and the Mayor and City Clerk be authorized to sign the Agreement. Very truly yours, Bruce V. Malkenhorst City Administrator/City Clerk BVM/gm *,Y Of V 6 �' iOl1A. s�t'Et7 tN9J COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: August 14, 2002 SUBJECT: LEASING 390 ACRE-FEET OF WATER FROM COAST PACKING COMPANY It is recommended that a one-year lease be executed with Coast Packing Company for the rights to 390 acre-feet of water. The cost of this water is $250.00 per acre-foot or $97,500.00 total. Attached is the Water Right License and Agreement. It is recommended that the Agreement be approved and the Mayor and City Clerk be authorized to sign the Agreement. SKW/ca Enclosures c: City Attorney WATER RIGHT LICENSE THIS LICENSE is made, entered into and executed as of this 2A day of AV 2002. BY AND BETWEEN 0 COAST PACKING COMPANY (hereinafter "Licensor") 3275 East Vernon Avenue P.O. Box 58918 Vernon, CA 90058-0918 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 390 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, 2002, and continuing to and including June 30, 2003. 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 390 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 390 acre-feet during the period of July 1, 2002 through June 30, 2003. COAST PACKING COMPANY Licensor By: Ronald R. Gustafson Print Name Title: President y: &, d rib" A-- - : D g-l— Ronal� R. Gustafson Print Name Title: Secretary ATTEST: By: �//"'� BRUCE V. MALKENHORST, City Clerk (SEAL) -2- CITY OF VERNON Licensee By: e L ONIS C. MALBUR , Mayor APPROVED AS TO FORM: By: C EDUARDO OLIVO, City Attorney STATEMENT COAST PACKING COMPANY grants to the City of Vernon a license to extract 390 acre- feet of COAST PACKING COMPANY allowed pumping allocation for the 2002-2003 Fiscal Year @ $250.00 per acre-foot for a total cost of $97,500.00. CITY OF VERNON agrees to the above Statement. Title Date CITY OF VERNON • 4305 SANTA FE AVENUE VERNON, CALIFORNIA 90058-0805 (323) 583-8811 WELLS FARGO BANK 16-24/1220 PAY NINETY SEVEN THOUSAND FIZ%i ,4 COAST PACKING COMPANY ,�li TO THE ORDER OF 3275 EAST VERNON AVE. P.O. BOX 58918 VERNON, CA 90058-0918 CHECK 00206523 NUMBER CHECK DATE CHECK AMOUNT 09/05/02 $97,500.00 VOID AFTER 90 DAYS & 00 CENTS 1110020652311' i:L2L00024E0:4L59283738111 Ui i Y Ur V LKNViv - 43uZoJAN t A Ph - VEF NON CALIF. - 90058-9805 VENDOR REMITTANCE ADVICE ' AUG142002 ' 08/14/02 1 LEASE 390 ACR FT WTR/FY'02-'03 ( $97,500.00 1