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Resolution No. 80441 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. 8044 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. FOR THE PERIOD JULY 1, 2002 THROUGH JUNE 30, 2003 WHEREAS, the City of Vernon and Seven-Up/RC Bottling Company of Southern California, Inca ("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 ISeven-Up have negotiated a Water Right License for the period of July 1, 2002 through June 30, 2003, with an agreed price of Sixteen Thousand Nine Hundred Five Dollars and No Cents ($16,905.00); and WHEREAS, a "Statement" of account dated August 14, 2002, providing that the sum of Sixteen Thousand Nine Hundred Five Dollars and No Cents ($16,905.00) will be paid to Seven -Up, for the period of July 1, 2002 through June 30, 2003, has been submitted to the City and approved by the Director of Community Services & Water; and WHEREAS, on July 22, 2002, Mr. Michael J. 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 lapproves the Water Right License and the "Statement," (which is 1 attached to the License), a copy of which is attached hereto as 2 Exhibit "A" and 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 said License for, 5 and 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 Seven-Up/RC Bottling Company of Southern California, Inc. 10 Attn. Mr. Michael J. Bonsignore, VP -Operations 11 3220 East 26th Street Vernon, CA 90023-4298 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 16 State of California 17 Department of Water Resources 770 Fairmont Avenue, Suite 102 18 Glendale, CA 91203-1035 19 SECTION 6: The City Clerk of the City of Vernon shall 20 certify to the passage of this resolution, and thereupon and thereafter 21 the same shall be in full force and effect. 22 APPROVED AND ADOPTED this 21st day of August, 2002. 23 EONIS C. MAkBURG, M yor 24 ATTEST: 25 26 BRUCE V. MALKENHORST, City Clerk 27 28 _ 2 _ 1 STATE OF CALIFORNIA ) } ss 2 COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do 5 hereby certify that the foregoing Resolution, being Resolution No. 6 8044, 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 11 BRUCE V. MALKENHORST, City Clerk 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 _ ' SUPPORTING DOCUMENTS EXHIBIT VA& WATER RIGHT LICENSE THIS LICENSE is made, entered into and executed as of this day of 2002. BY AND BETWEEN SEVEN-UP/RC BOTTLING COMPANY OF SOUTHERN CALIFORNIA, INC. (hereinafter "Licensor") 3220 East 26a' Street Vernon, CA 90023-4298 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 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, 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 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, 2002 through June 30, 2003. SEVEN-UP/RC BOTTLING COMPANY OF SOUTHERN CALIFORNIA INC. Licensor By: f_'i "T. ►,orS��^c;� Print Name Title: \O — 0 By: Michael J. Bonsignore Print Name X VP - Operations ATTEST: By: BRUCE V. MALKENHORST, City Clerk (SEAL) -2- CITY OF VERNON Licensee By: LEONIS C. MALBURG, Mayor APPROVED AS TO FORM: By: EDUARDO OLIVO, City Attorney . 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 2002-2003 Fiscal Year @ $245.00 per acre-foot for a total cost of $16,905.00. SEVEN signature CITY OF BOTTLING COMPANY OF SOUTHERN CALIFORNIA, INC. Title Date agrees to the above Statement. irector of Communi Title ices & Water AUGUST 14, 2002 Date 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 y.. lb13 ��, by a� CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 August 14, 2002 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 CO/ City Council ` City of Vernon �C7" 4Il' ti Honorable Members: Transmitted herewith is a one-year Water Right License and Agreement with Seven-Up/RC Bottling Company, Inc., for the rights to 69 acre- feet of water. The cost of this water is $245.00 per acre-foot or $16,905.00 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 Administration/City Clerk BVM/gm .t OF VA' .00N -I s t,Etr 04 COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorssttt, }City Administrator FROM: Samuel Kevin Wilson,`Director of Community Services & Water DATE: I August 14, 2002 SUBJECT: LEASING 69 ACRE-FEET OF WATER FROM SEVEN-UP/RC BOTTLING COMPANY OF SOUTHERN CALIFORNIA, INC. It is recommended that a one-year lease be executed with Seven-Up/RC Bottling Company, Inc. for the rights to 69 acre-feet of water. The cost of this water is $245.00 per acre-foot or $16,905.00 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 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: CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 August 14, 2002 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 V" C�\et>� d` b Transmitted herewith is a one-year Water Right License and Agreement with Seven-Up/RC Bottling Company, Inc., for the rights to 69 acre- feet of water. The cost of this water is $245.00 per acre-foot or $16,905.00 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, //f -- 6 - Bruce V. Malkenhorst City Administration/City Clerk BVM/gm �i COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorssttt, }City Administrator FROM: Samuel Kevin Wilson,''Director of Community Services & Water DATE: I August 14, 2002 SUBJECT: LEASING 69 ACRE-FEET OF WATER FROM SEVEN-UP/RC BOTTLING COMPANY OF SOUTHERN CALIFORNIA, INC. It is recommended that a one-year lease be executed with Seven-Up/RC Bottling Company, Inc. for the rights to 69 acre-feet of water. The cost of this water is $245.00 per acre-foot or $16,905.00 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 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 September 5, 2002 Seven-Up/RC Bottling Company of Southern California, Inc. Attn: Mr. Michael J. Bonsignore, VP -Operations 3220 East 26th Street Vernon, CA 90223-4298 Re: Water Right License Dear Mr. Bonsignore: 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. 00206530 in the amount of $16,905.00. If you have any questions regarding this matter, please call Mr. Kevin Wilson at (323) 583-8811 ext. 245. }� Very truly yours, At4;V1., Nelly G on Assistant to the Chief Deputy City Clerk NG/gm CC: Kevin Wilson Resolution No. 8044 Agreement No. 02-064 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 Seven-Up/RC Bottling 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, 4mey Mron Assistant to the Chief Deputy City Clerk NG/gm CC: Kevin Wilson Resolution No. 8044 Agreement No. 02-064 WATER RIGHT LICENSE THIS LICENSE is made, entered into and executed as of this day of 2002. BY AND BETWEEN AND RECITALS: SEVEN-UP/RC BOTTLING COMPANY OF SOUTHERN CALIFORNIA, INC. (hereinafter "Licensor") 3220 East 26' 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, 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. 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 2002-2003 Fiscal Year @ $245.00 per acre-foot for a total cost of $16,905.00. SEVEN-UP/RC BOTTLING COMPANY OF SOUTHERN CALIFORNIA, INC. Signature u VI)-Q%(A�b"N Title CITY OF VERNON agrees to the above Statement. M Title 3. "L I a? - Date AUGUST 14, 2002 Date 1 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, 2002 through June 30, 2003. SEVEN-UP/RC BOTTLING COMPANY OF SOUTHERN CALIFORNIA INC Licensor By: - Print Name Title: ` 0 M. Tit: ATTEST: By: �G%d BRUCE V. MALKENHORST, City Clerk (SEAL) -2- CITY OF VERNON Licensee APPROVED AS TO FO B oGltiovt� EDUARDO OLIVO, City Attorney CITY OF VERNON 4305 SANTA FE AVENUE VERNON, CALIFORNIA 90058-0805 (323) 583-8811 PAY SIXTEEN THOUSAND NINE HU146 TO THE SEVEN-UP/RC BOTTLING ORDER OF OF SOUTHERN CALIFORNIA, 3220 EAST 26TH STREET VERNON, CA 90023-4298 WELLS FARGO BANK 16-24/1220 CHECK 00206530 NUMBER f. CHECK DATE CHECK AMOUNT 09/05/02 $16,905.00 j VOID AFTER 90 DAYS t & 00 CENTS 11100206530112 1:1 21000248i:4L5928373Bill Ull'Y OF VERNON - 4305 SANTA FE - VERNON CALIF. - 90058-9805 VENDOR REMITTANCE ADVICE EVENUPRC ARVRW-rTDlPr Rl1TTT.TAV'3 rnMD7VSV no /ne /n-I nnncr ,n r� AUG142002 08/14/02 LEASE 69 ACR FT WTR/FY'02-'03 $16,905.00 1