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Resolution No. 82651 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 q RESOLUTION NO. 8265 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 KAL KAN FOODS, INC. WHICH GRANTS THE CITY OF VERNON A LICENSE TO EXTRACT 140 ACRE-FEET OF THE ALLOWED PUMPING ALLOCATION FOR THE PERIOD JULY 1, 2003 THROUGH JUNE 30, 2004 WHEREAS, the City of Vernon and Kal Kan Foods, Inc. ("Kal Kan") have entered into various agreements since 1990 providing for the City to lease Kal Kan's allowed pumping allocation; and WHEREAS, the Director of Community Services & Water and Kal Kan have negotiated a new Water Right License granting the City a license to extract 140 acre-feet of Kal Kan's allowed pumping allocation for the period of July 1, 2003 through June 30, 2004 for the agreed price of Thirty -One Thousand Five Hundred Dollars and No Cents ($31, 500.00) ; and WHEREAS, a Statement of account dated July 31, 2003 (the "Statement"), providing that the sum of Thirty -One Thousand Five Hundred Dollars and No Cents ($31,500.00) will be paid to Kal-Kan for the period of July 1, 2003 through June 30, 2004, has been submitted to the City and approved by the Director of Community Services & Water; and WHEREAS, Mr. William T. Sergent, Commercial Manager, of Kal Kan, signed the Statement on July 10, 2003, 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. 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 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 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 to: Kal Kan Foods, Inc Attn. Mr. William T. Sergent, Commercial Manager P. 0. Box 58853 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. ATTE� BRUCE V. MALRENHORST, City Clerk LEONIS C. MA URG, yor - 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 8265, was duly adopted by the City Council of the City of Vernon at an 7 adjourned regular meeting of the City Council duly held on Wednesday, 8 August 27, 2003, and thereafter was duly signed by the Mayor of the 9 City of 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 - EXHIBIT 0 WATER RIGHT LICENSE THIS LICENSE is made, entered into and executed as of this day of 2003. BY AND BETWEEN KAL KAN FOODS, INC. (hereinafter "Licensor") P.O. Box 58853 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 140 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. Licensor warrants that it has 140 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 140 acre-feet during the period of July;1, 2003 through June 30, 2004. KAL KAN FOODS, INC. Licensor By: — Print Name Title:y`o�„� fi cry/ By: Print Name Title: 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 i STATEMENT KAL'KAN FOODS, INC. grants to the City of Vernon a license to extract 140 acre-feet of KAL KAN FOODS, INC. allowed pumping allocation for the 2003-2004 Fiscal Year @ $225.00 per acre-foot for a total cost of $31,500.00. KA/L KAN FOODS, INC. Signature r Title CITY TON agrees to the above Statement. Title 711- 03 Date Date SUPPORTING DOCUMENTS 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 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 J Vr4t Transmitted herewith is a one-year Water Right License and Agreement with Kal Kan Foods, Inc., for the rights to 140 acre-feet of water. The cost of this water is $225.00 per acre-foot or $31,500.00 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 ki A COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: August 11, 2003 SUBJECT: LEASING 140 ACRE-FEET OF WATER FROM KAL KAN FOODS, INC. It is recommended that a one-year lease be executed with Kai Kan Foods, Inc. for the rights to 140 acre-feet of water. The cost of this water is $225.00 per acre-foot or $31,500.00 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 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA90058 TELEPHONE (323) 583-8811 September 16, 2003 Kal Kan Foods, Inc. P.O. Box 58853 Vernon, CA 90058 Attn: Mr. William T. Sergent, Commercial Manager Re: Water Right License Dear Mr. Sergent: 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 Transmitted herewith is a duplicate original of the above referenced approved by the Vernon City Council on August 27, 2003, and Check No. 00212401 in the amount of $31,500.00. If you have any questions regarding this matter, please call Mr. Kevin Wilson at (323) 583-8811 ext. 245. Very Yruly yours, 1 OlorXa J. Oros Chief Deputy City Clerk GJO/gm CC: Kevin Wilson Resolution No,. 8265 Agreement No. 03-071 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) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Re: Water Right License - Kal Kan Foods, 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, is J. Or co Chief Deputy City Clerk GJO/gm cc: Kevin Wilson ,JMWolution No. 8265 Agreement No. 03-071 WATER RIGHT LICENSE THIS LICENSE is made, entered into and executed as of this �D day of 2003. BY AND BETWEEN KAL KAN FOODS, INC. (hereinafter "Licensor") P.O. Box 58853 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 140 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. Licensor warrants that it has 140 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 140 acre-feet during the period of July 1, 2003 through June 30, 2004. KAL KAN FOODS, INC. Licensor By: Print Name Title: ezns, By: 7; Print Name Title: C-54, ces-c- `" \ her, ATTEST: By: BRUCE V. MALKENHORST, City Clerk (SEAL) CITY OF VERNON Licensee By: cam ,1y-Gy I NIS C. MALBUR' 6, Mayor APPROVED AS TO FORM: ` By �Gca�v-� EDUARDO OLIVO, City Attorney -2- STATEMENT KAL'KAN FOODS, INC. grants to the City of Vernon a license to extract 140 acre-feet of KAL KAN FOODS, INC. allowed pumping allocation for the 2003-2004 Fiscal Year @ $225.00 per acre-foot for a total cost of $31,500.00. KAL KAN FOODS, INC. Signature Title Date CITYF VE ON agrees to the above Statement. Director of Communit', Title -7'31 _o3 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 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 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 September 16, 2003 Re: Water Right License - Kal Kan Foods, 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, o is J. Or co Chief Deputy City Clerk GJO/gm CC: Kevin Wilson Resolution No. 8265 110 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 Kal Kan Foods, Inc. P.O. Box 58853 Vernon, CA 90058 Attn: Mr. William T 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 September 16, 2003 Sergent, Commercial Manager Re: Water Right License Dear Mr. Sergent: Transmitted herewith is a duplicate original of the above referenced approved by the Vernon City Council on August 27, 2003, and Check No. 00212401 in the amount of $31,500.00. If you have any questions regarding this matter, please call Mr. Kevin Wilson at (323) 583-8811 ext. 245. Very ruly yours, �f I Gloria J. Oros' Chief Deputy City Clerk GJO/gm CC: Kevin Wilson Resolution No. 8265 CITY OF VERNON 4305 SANTA FE AVENUE VERNON, CALIFORNIA 90058-0805 (323) 583-8811 PAY THIRTY ONE THOUSAND FIVE TO THE KAL KAN FOODS, INC ORDER OF P.O. BOX 58853 VERNON, CA 90058 WELLS FARGO BANK 16-24/1220 CHECK 00212401 NUMBER CHECK DATE CHECK AMOUNT 09/15/03 $31,500.00 VOID AFTER 90 DAYS 00 CENTS w 114002 L 2ti0L11' i:L 2 L00024Eli: 4L5928373811' Ul I V Vr' V hJKN0N - 43U5 SAN 1 A FE - VERNON CALIF. - 90058-9805 VENDOR REMITTANCE ADVICE KAL I All av w:DA. $31,500.00 AUG112003 08/11/03 LEASE/140 ACRE FT/WTR FY'03-04 ®� Bill Sergent MROffechnical Buyer Masterfoods USA MaSte fOOIZSUSA 3250 East 44th Street Vernon, CA 90058 A Mars, Incorporated Company (323) 586 5160 800 528 6393 X-5160 (323) 586 8330 fax william.sergent@effem.com r