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Resolution No. 80831 2 3 4 5 6 7 a 10 11 12 13 14 15 iri 17 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8083 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, 2002 THROUGH JUNE 30, 2003 WHEREAS, the City of Vernon and California Water Service Company ("California") wish to enter into an agreement providing for the City to lease 1400 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, 2002 through June 30, 2003, with an agreed price of Three Hundred Twenty -Nine Thousand Dollars and No Cents ($329,000.00); and WHEREAS, a Statement of account dated October 2, 2002, providing that the sum of Three Hundred Twenty -Nine Thousand Dollars and No Cents ($329,000.00) will be paid to California, 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, Mr. Robert Guzzetta, Vice President for California, signed the Statement on September 19, 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 made a part hereof. 2 SECTION 3: The City Council of the City of Vernon hereby 3 authorizes the Mayor and the City Clerk to execute the License for, and 4 on behalf of, the City of Vernon. 5 SECTION 4: The City Council of the City of Vernon hereby 6 directs the City Clerk, or his designee, to send a fully executed Water', 7 Right License to: 8 California Water Service Company Attn. Robert Guzzetta, Vice President 9 3316 W. Beverly Blvd. 10 Montebello, CA 90640-1537 11 SECTION 5: The City Council of the City of Vernon hereby 12 directs the City Clerk, or his designee, to send a copy of the Water 13 Right License (without the Statement) to: 14 Watermaster Service State of California 15 Department of Water Resources 16 770 Fairmont Avenue, Suite 102 Glendale, CA 91203-1035 17 SECTION 6: The City Clerk of the City of Vernon shall 18 certify to the passage.of this resolution, and thereupon and thereafter 19 the same shall be in full force and effect. 20 APPROVED AND ADOPTED this 9th day of October, 2002. 21 22 23 EONIS C. MAL URG, yor 24 ATTEST• 2 5 BRUCE V. MALKENHORST, City Clerk 26 27 28 2 - 1 2 31I 4' 5I 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. 8083, 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, October 9, 2002, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerl - 3 - EXHIBIT 0 WATER RIGHT LICENSE THIS LICENSE is made, entered into and executed as of this day of 2002. BY AND BETWEEN CALIFORNIA WATER SERVICE COMPANY (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 RECITALS: Licensor hereby grants to Licensee a License to extract 1400 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 1400 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 1400 acre-feet during the period of July 1, 2002 through June 30, 2003. CALIFORNIA WATER SERVICE COMPANY Licensor By Ab er+fiuzZ�� Print Name Title:/�Gc_res''�'t By: Print Name Title: %'... __ ATTEST: By: /�C� BRUCE V. MALKENHORST, City Clerk (SEAL) -2- CITY OF VERNON Licensee By: c w ONI� C. MALBUR ,Mayor APPROVED AS TO FORM: B{�� �� c Y• EDUARDO OLIVO, City Attorney z _3161 DO i CALIFORNIA WATER SERVICE COMPANY grants to the City of Vernon a license to extract 1400 acre-feet of CALIFORNIA WATER SERVICE COMPANY allowed pumping allocation for the 2002-2003 Fiscal Year @ $235.00 per acre-foot for a total cost of $329,000.00. CALIFORNIA WAT SERVICE COMPANY Signature Title 15ate CITY OF VERNON agrees to the above Statement Title Date CITY COUNCIL LEONIS C. MALBURG f Mayor s THOMAS A. YBARRA Mayor Pro -Ter A 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 October 2, 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 Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Asn Q/ Transmitted herewith is a one-year Water Right License and Agreement with California Water Service Company for the rights to 1400 acre-feet of water. The cost of this water is $23S.00 per acre-foot or $329,000.00 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 � CF VgR c r won& � V `s�VELY /NUJ COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: October 2, 2002 SUBJECT: LEASING 1400 ACRE-FEET OF WATER FROM CALIFORNIA WATER SERVICE COMPANY It is recommended that a one-year lease be executed with California Water Service Company for the rights to 1400 acre-feet of water. The cost of this water is $235.00 per acre-foot or $329,000.00 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 OFFICE OF THE CITY ADMINISTRATOR/CITY CLERK INTER -OFFICE MEMORANDUM DATE: October 24, 2002 ��`\'` 0 TO: Samuel Kevin Wilson Director of Community Services and Water FROM: Nelly Giron Assistant to the Chief Deputy City Clerk RE: Water Right License - California Water Service July 1, 2002 - June 30, 2003 Transmitted herewith are copies of Resolution No. 8083 and the above referenced Water Right License approved by the Vernon City Council on October 9, 2002. :ng CC: Resolution No. 8083 Agreement File No. 02-077 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 October 23, 2002 Watermaster Service State of California Department of Water Resources 770 Fairmont Avenue, Suite 102 Glendale, CA 91203-1035 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Re: Water Right License - California Water Service July 1, 2002 through June 30, 2003. To Whom It May Concern: Transmitted herewith is a copy of the above referenced Water Right License approved by the Vernon City Council on October 9, 2002. If you have any questions regarding this matter, please call Mr. Kevin Wilson at (323) 583-8811 ext. 245. ery 4Giryo ours, n Nelly Assistant to the Chief Deputy City Clerk NG/gm CC: Kevin Wilson Resolution No. 8083 Agreement No. 02-077 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 October 23, 2002 California Water Service Company Attn: Robert Guzzetta, Vice President 3316 W. Berverly Blvd. Montebello, CA 90640-1537 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Re: Water Right License from July 1, 2002 through June 30, 2003. Dear Mr. Guzzetta: Transmitted herewith is a duplicate original copy of the above referenced Water Right License approved by the Vernon City Council on October 9, 2002, and check no. 00207275 in the amount of $329,000.00. If you have any questions regarding this matter, please call Mr. Kevin Wilson at (323) 583-8811 ext. 245. Very truly yours, elly Giro Assistant to the Chief Deputy City Clerk NG/gm CC: Kevin Wilson Resolution No. 8083 Agreement No. 02-077 1.11 Y UP VtRNON 4305 SANTA FE AVENUE VERNON, CALIFORNIA 90058-0805 (323) 583-8811 WELLS FARGO BANK 16-24/1220 PAY THREE HUNDRED TWENTY NIN}', r TO THE CALIFORNIA WATER SER t' ORDER OF 3316 WEST BEVERLY BLVD. MONTEBELLO, CA 90640 CHECK 00207275 NUMBER ffCHECKTE CHECKAMOUNTy , i) $329, 000.00 �; �} S & 00 CENTS VOID AFTER 90 DAYS 118002072754, 1:12L0002481:415928373811'