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Resolution No. 82641 RESOLUTION NO. 8264 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A WATER RIGHT LICENSE BY AND BETWEEN THE CITY OF 4 VERNON AND NI INDUSTRIES, INC. WHICH GRANTS THE CITY OF VERNON A LICENSE TO EXTRACT 138 ACRE-FEET 5 OF THE ALLOWED PUMPING ALLOCATION FOR THE PERIOD JULY 1, 2003 THROUGH JUNE 30, 2004 6 7 WHEREAS, the City of Vernon and NI Industries, Inc. ("NI") 8 wish to enter into an agreement providing for the City to lease 138 9 acre-feet of the allowed pumping allocation of NI; and 10 WHEREAS, the Director of Community Services & Water and NI 11 have negotiated a Water Right License for the period of July 1, 2003 12 through June 30, 2004 with an agreed price of Thirty -One Thousand Seven 13 Hundred Forty Dollars and No Cents ($31,740.00); and 14 WHEREAS, a Statement of account dated July 22, 2003 (the 15 "Statement"), providing that the sum of Thirty -One Thousand Seven 16 Hundred Forty Dollars and No Cents ($31,740.00) (for the 2003-2004 17 fiscal year) will be paid to NI has been submitted to the City and 18 approved by the Director of Community Services & Water; and 19 WHEREAS, Mr. David L. Hirsch, the President of NI, signed the 20 Statement on or about July 22, 2003, agreeing thereto. 21 NOW, THEREFORE, BE IT RESOLVED. BY THE CITY COUNCIL OF THE 22 CITY OF VERNON AS FOLLOWS: 23 SECTION 1: The City Council of the City of Vernon hereby 24 finds and determines that the recitals contained hereinabove are true 25 and correct. 26 SECTION 2: The City Council of the City of Vernon hereby 27 approves the Water Right License and the Statement (which is 28 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 attached to the License), a copy of which is attached hereto as Exhibit "A" and 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 Thirty -One Thousand Seven Hundred Forty Dollars and No Cents ($31,740.00), to: NI Industries, Inc. Attn. David L. Hirsch, President 5215 S. Boyle Avenue P.O. Box 58507 Vernon, CA 90058 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 27th day of August, 2003. ATTEST: BRUCE V. MALKENHORST, City Clerk F w LEONIS C. MALBURG,'Mayor - 2 - 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. 8264, 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, August 27,,2003, and thereafter was duly signed by the Mayor of the City of Vernon. BRUCE V. MALKENHORST, City Clerk (SEAL) - 3 - EXHIBIT AM" WATER RIGHT LICENSE THIS LICENSE is made, entered into and executed as of this day of 2003. BY AND BETWEEN NI INDUSTRIES, INC. (hereinafter "Licensor") 5215 South Boyle Avenue P.O. Box 58507 Vernon, CA 90058 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 138 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, 2003 and continuing to and including June 30, 2004. 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. 1 Licensor warrants that it has 138 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 138 acre-feet during the period of July 1, 2003 through June 30, 2004. NI INDUSTRIES, INC. Licensor By: b�v oo Print Name Title: / /TREASURER/CORPORATE SECRETARY By: CrrRIANIA;AKIS Print NanYWE PRESIDENT Title: 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- STATEMENT NI INDUSTRIES, INC. grants to the City of Vernon a license to extract 138 acre-feet of NI INDUSTRIES, INC. allowed pumping allocation for the 2003-2004 Fiscal Year @ $230.00 per acre-foot for a total cost .of $31,740.00. NI INDUSTRIES, INC. .00ze/TREASURER/ 7/Z.Z/4L7 Signature Title CORPORATE SECRETARY Date CITY OF VERNON agrees to the above Statement. Title Date SUPPORTING DOCUMENTS �; +F 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 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 August 14, 2003 �� � V" O rr�v�� o /NO vVe `0022 Transmitted herewith is a one-year Water Right License and Agreement with NI Industries, Inc., for the rights to 138 acre-feet of water. The cost of this water is $230.00 per acre-foot or $31,740.00 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 v � t yt `a'yZLY 11"V COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator 1150 FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: August 11, 2003 SUBJECT: LEASING 138 ACRE-FEET OF WATER FROM NI INDUSTRIES, INC. It is recommended that a one-year lease be executed with NI Industries, Inc. for the rights to 138 acre-feet of water. The cost of this water is $230.00 per acre-foot or $31,740.00 total. Attached is the Water Right License and Statement. It is recommended that the License be approved and the Mayor and City Clerk be authorized to sign the License. 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 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 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 September 16, 2003 KENNETH J. DeDARIO Director of Utilities FAX: (323) 8264425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Re: Water Right License - NI Industries, Inc. July 1, 2003 through June 30, 2004. To Whom It May Concern: Transmitted herewith is a copy of the above referenced Water Right License approved by the Vernon City Council on August 27, 2003. If you have any questions regarding this matter, please call Mr. Kevin Wilson at (323) 583-8811 ext. 245. Very truly yours, G ria J. rosco Chief Deputy City Clerk GJO/gm CC: Kevin Wilson ]Wlut.ion No. 8264 Agreement No. 03-070 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 NI Industries, Inc. 5215 S. Boyle Avenue P.O. Box 58507 Vernon, CA 90058 Attn: David L. Hirsch, President Re: Water Right License Dear Mr. Hirsch: 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 September 16, 2003 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Transmitted herewith is a duplicate original of the above referenced approved by the Vernon City Council on August 27, 2003, and Check No. 00212407 in the amount of $31,740.00. If you have any questions regarding this matter, please call Mr. Kevin Wilson at (323) 583-8811 ext. 245. Very truly yours, G oria J. osco Chief Deputy City Clerk GJO/gm CC: Kevin Wilson tesolution No. 8264 Agreement No. 03-070 CITY OF VERNON WEL76-FARGO 241220 K CHECK 00212407 4305 SANTA FE AVENUE NUMBER VERNON, CALIFORNIA 90058-0805 (323) 583-8811 CHECK DATE CHECK AMOUNT -- i 09/15/03 $31,740.00 C'4 I ' c, VOID AFTER 90 DAYS PAY THIRTY ONE THOUSAND SEVENS rr �2T l%6LLARS & 00 CENTS t TO THE NI INDUSTRIES, INC._�y ORDER OF 5215 S . BOYLE AVE. P.O.BOX 58507 VERNON, CA 90058 111002 L 240711' l:L 2 L0002ti81:4L59283738II' — 4305 SANTA FE - VERNON CALIF. — 90058-9805 VENDOR REMITTANCE AUG112003 108/11/03 I LEASE/138 ACRE FT/WTR FY'03-04 I $31,740.00