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HomeMy WebLinkAboutReso 1984-11621 RESOLUTION NO. 11621 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND COUNTY OF SAN DIEGO FOR THE DESIGN AND CONSTRUCTION OF THE SWEETWATER RIVER FLOOD CONTROL CHANNEL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE COUNTY OF Sh~ DIEGO for the design and construction of the Sweetwater River Flood Control Channel dated the 15th day of May , 1984, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER Chula Vista be, and he execute said agreement Vista. RESOLVED that the Mayor of the City of is hereby authorized and directed to for and on behalf of the City of Chula Presented by Approved as to form by -, <k"if- / ,,' ,I /{7J~)/:jl:t l- ?/'~ Tomas J. Harron, City Attorney n P. Lippitt, gineer ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 15th day of May 19 84 ,by the following vote, to_it: Scott, Malcolm, Cox, Moore, McCandliss AYES: Councilmen NAYES: Councilmen ABSTAI N: Councilmen ABSENT: Councilmen None None None ATTEST ~t/~ i/ City Rae City of Chula Vista m~{A1 Clerk ~- STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ) ) ss. ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11621 ,and that the same has not been amended or repealed. DATED ( seal) City Clerk CC-660 'Please Return To: . M. Ful-.City Oerk Jenme P. o. Box 1087 V. ~-'''onUa 92012 Chub 1St3, '-""" COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN OIEGO AND THE CITY OF CHULA VISTA THIS AGREEMENT, entered into this 15th day of May 1934, by and between the County of San Diego, hereinafter referred to as "COUNTY", and the City of Chula Vista, hereinafter referred to as "CITY", is made pursuant to authority of Chapter 5, Article 1 (commencing with Section 6500) of the California Government Code (Joint Powers Agreement): WIT N E SSE T H : WHEREAS, the United States Government as, under authority of Publ ic Law 90-433, approved August 13, 1968, undertaken design and construction of a flood control project in San Diego County, California, known as the Sweetwater River Flood Control Channel, Bonita Mesa Road to San Diego Bay, hereinafter referred to as "PROJECT"; and WHEREAS, on April 20, 1965, COUNTY adopted Resolution No. 60 agreeing to act as the sponsoring agency representing local interests, including the CITY, in giving the assurances of cooperation required by the United Stated Govennment in support of PROJECT and the assumption of certain designated obligations; including providing, without cost to the United States, of all necessary ri ghts-of-way; performing all necessary constructi on, modifi cati on or relocation of highways (including bridges), utilities, and irrigation and drainage facilities required in connection with PROJECT: and maintaining and operating PROJECT in accordance with the regulations to be prescribed by the Secretary of the Army; and WHEREAS, the proposed location of the flood control channel is along the alignment adopted by the California Highway Commission for construction of State Route 54 Freeway including interchanges for Interstste Routes 5 and 805; and WHEREAS, the State legislature, under Water Code Section 12745 (Stats. 1968, C. 1038, P. 2007, !; 1) adopted and authorized the Sweetwater River Flood Control Project at such cost to the State as may be appropriated by the legislature upon the advice of the State Department of Water Resources hereinafter referred to as "DWR". DWR is authorized to reimburse local agenci es for local costs requi red by the project for necessary ri ghts-of-way, util ities relocation, highway relocation (including bridges) and engineering costs associated therewith (Local Flood Control Costs); and WHEREAS, an agreement will be negotiated between the State of California, Department of Transportation, hereinafter referred to a "HIGHWAYS," and the United State Army Corps of Engineers to cover construction of aforesaid State Route 54 and PROJECT under one contract administered by HIGHWAYS; and OOt.l1:n C'u"'''''' C .r .1.....1.\,.1- Nl,JMHjI;!L~11 FV If? - k-//b.:2/ WHEREAS, COUNTY will acqu i re certa in ri ghts-of-way necessary for construction of PROJECT; and WHEREAS, HIGHWAYS will relocate and reconstruct or arrange for the relocation and reconstruction of existing streets, bridges, utilities, and irrigation and drainage facil ities made necessary by the construction of the joint fl ood control and hi ghway project; and WHEREAS, COUNTY will negoti ate an agreement wi th H IGHWA YS concerning the reimbursement to HIGHWAYS of cost for the relocation and reconstruction existing streets, bridges, utilities, and irrigation and drainage facil ities located witin the limits of PROJECT (Local Flood Control Costs) at an estimated local cost of $5,560,000. HIGHWAYS will make payments necessary for Local Flood Control Costs for a period not to exceed ten (10) years after completion of construction; and WHEREAS, DWR will make reimbursement to COUNTY for all necessary Local Flood Control Costs, except for rights-of-way not necessary for PROJECT or for any excesses of equival ent repl acement over the exi sting facil iti es, such excesses being determined by DWR to be betterments; and WHEREAS, any rights-of-way not necessary for PROJECT or any modifications other than equivalent replacement of streets, bridges, utilities, and irrigation and drainage facil ities under the CITY's jurisdiction required solely due to the construction of PROJECT are considered betterments and therefore the responsibil ity of the CITY to the COUNTY as Administrator of PROJECT: and WHEREAS, on April 6, 1965, CITY adopted Resolution No. 3663, whereby it requested COUNTY to give the assurances required by the United States to provide the local cooperation necessary for the construction of the PROJECT, and further, agreed to make payment to COUNTY for those nonreimbursable costs, considered betterments, in the reconstruction of streets, bridges, utilities, and irrigation and drainage facilities. NOW, THEREFORE, it is agreed as follows: SECT ION I COUNTY agrees: 1. To acquire all necessary ri ghts-of-way and relocate util ities for PROJECT not covered by Cooperative Agreement between the COUNTY and HIGHWAYS, dated March 17, 1970. 2. To prepare pl ans and specifi cati ons for rel ocati on and reconstructi on of existing streets, bridges, utilities, and irrigation and drainage facil ities located within the 1 imits of PROJECT and not covered by the aforementioned Cooperative Agreement between the COUNTY and HIGHWAYS covering construction and maintenance of bridges. - 2 - 12-1/&J-! 3. To cause to be constructed the aforesaid relocation and reconstruction. 4. To bear any nonreimbursassbl e costs for aforesai d rights-of-way, relocation and reconstruction within the unincorporated area of the COUNTY. 5. To make all necessary negotiations and agreements with the United States Government for the maintenance of PROJECT incl uding the fl ood control channel and appurtenances within the flood control channel right-of-way. 6. To furnish the CITY prior to April 1 of each year an estimate of its share of maintenance costs for the subsequent fiscal year for all improvements other than channel crossing structures, lying within PROJECT right-of-way. 7. COUNTY agrees to submit claims to DWR for Local Flood Control Costs. COUNTY further agrees to pay HIGHWAY for those costs incurred to HIGHWAYS for Local Fl ood Control purposes and which have been reimbursed to COUNTY by DWR. SECTION I I CITY agrees: 1. To bear that share of the rights-of-way costs within the CITY 1 imits of Chula Vista that are determined to be nonreimbursable by DWR. 2. To bear that share of costs for relocation and reconstruction of existing streets, bridges, utilities, and irrigation and drianage facilities within the CITY 1 imits of Chula Vista that are determined to be nonreimbursable by DWR. 3. CITY shall reimburse the COUNTY 30% of the actual cost of maintaining all improvements other than aforementioned channel crossing structures lying within the flood control channel right-of-way. 4. CITY shall pay the COUNTY within 60 days of its receipt of notice of such maintenance cost obligation. 5. CITY agrees to pay 30% of all Local Flood Control Costs been reimbursed by DWR within 10 years following construction of the project. which have not completion of - 3 - /2~llb)..! SECT ION I I I IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. The determinations of DWR concerning reimbursabil ity will be binding on all parties to this Agreement. 2. That neither COUNTY nor any officer or employee thereof shall be responsible for any damages or 1 iabil ity occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is al so understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connecti on wi th ~ny work, authority or jurisdi cti on del egated to CITY under this Agreement. 3. That neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason or anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hol d CITY harml ess for any 1 iabil ity imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work authority or jurisdiction not delegated to CITY under this Agreement. 4. That the provisions of this Agreement and its execution shall not be effective or binding upon CITY unless other related agreements essential to completion of the project are duly executed by COUNTY with the agencies 1 isted below: AGENCY TYPE OF AGREEMENT City of National City Bridge Reconstruction and Channel Maintenance Port District Channel Maintenance State of California, Division of Hi ghways Bridge Reconstruction and Maintenance 5. In the event of any changes in the boundaries of the unincorporated area, the City of Chula Vista or the City of National City, the percentage of channel maintenance costs stated in Section II-3 will be adjusted to reflect such changes. - 4 - /2 -lit. 1--1 IN WITNESS WHEREOF, the parti es hereto have caused this Agreement to be executed by their properly authorized officials. COUNTY OF SAN DIEGO ATTEST: ij;_tl~. . h rZzb- By: ",4 Ass'~ Clerk . Board of Supervisors ROBERT D. ZUMWALT County Clerk By ,~) cf;- ,Jf<<.--?7Cti& Deputy Date: August 21, 1984 (27) CITY OF CHULA VISTA ATTEST: By 4,Jr.;J J! (:'1 ~Q;i ~~ Cl ty erk Date: May 16, 1984 APPROVED AS TO FORM: Approved It\' the Board of Supervisors of the County of San OIego By: AUG 2 1 1984ff).1 By: Ci ty Attorne ~y{)~ Clerk of th~ Board of Supervisof5 WPC 1006E fli'( . , ;',,,,..: I'v;,1 L.:.~'li\L.H:t - 5 - ."i. !Z-lltu , COOPERA Tl VE AliREEI.1ENT SET\IEEN THE COUNTY OF SAIJ DIEGO AUD THE CITY OF UATIOUAL CITY THI S AGREEI.IENT, entered into thi s ,,;J,/41/ day of ~Ui/JA,-A/ Diego, hereinafter r~ferred to as , 1984, by and between the County of San COUNTY, and the City of National City, hereinafter referred to as CITY, is made pursuant to authority of Chapter 5, Article 1 (coflmencing with Section 6500) of the California Government Code (Joint Powers Agreement): II I T N E SSE T H: IIHEREAS, the United States Government has, under authority of Public Law 90-483, approved August 13, 1968, undertaken design and construction of a flood control project in San Diego County, California, known as the Sweetwater River Flood Control Channel, Bonita f~sa Road to San Diego Say, hereinafter referred to as PROJECT; and WHEREAS, on April 20, 1965, COUNTY adopted Resolution No. 60 agreeing to act as the sponsoring agency representing local interests, including the CITY, in gi vi ng the assurances of coopera ti on requi red by the Uni ted States Government in support of PROJECT and the assumption of certain designated obligations; including providing, without cost to the United States, of all necessary rights-of-way; performing all necessary construction, modification or relocation of highways (including bridges), utilities, and irrigation and drainage facilities required in connection with PROJECT; and maintaining and operating PROJECT in accordance with regulations to be prescribed by the Secretary of the Army; and ';;j-'!<;;'''-- }, :tnJMU.(..4-{ .".. 0..:1 A.J /2-//i, }../ \~EREAS, the proposed location of the flood control channel is along the aligm1ent adopted by the California Highl/ay ComrJission for construction of State Route 54 Freeway including interchanges for Interstate Routes 5 and !JUS; and WHEREAS, the state legislature, under Ilater Code Section 12745 (Stats. 196!J, C. 1U38, P. 20U7, >> 1) adopted and authorized the Sweetwater River Flood Control Project at such cost to the State as may be appropriated by the legislature upon the advice of the State Oepartr.1ent of Ilater f\esources here- inafter referred to as "DIm". OWR will reir.1burse local agencies for local costs associated wi th the project for necessary ri ghts-of-way, util i ti es relocation, highway relocation (including bridges) and engineering costs associated therewith (Local Flood Control Costs); and IIHEREAS, an agreer.1ent wi 11 be negoti a te<.1 between the State of California, Division of Highways, hereinafter referred to as HIGHWAYS, and the U. S. Arr.1Y Corps of Engineers to cover construction of aforesaid State Route 54 and PROJECT under one contract adr.1inistered by HIGHWAYS; and WHEREAS, t:OlJtHY will acquire certain rights-of-way necessary for con- struction of PRUJECT; and WHEREAS, HIGHIIAYS will relocate and reconstruct or arrange for the relocation and reconstruction of existing streets, bridges, utilities, and irrigation and drainage facilities made necessary by the construction of the joint flood control and highway project; and WHEREAS, COUNTY will negotiate an agreement with HIGHIIAYS concerning the reir.1bursement to HIGHWAYS of cost for the relocation and reconstruction of existing streets, bridges, utilities, and irrigation and drainage facilities located within the 1 imits of PROJECT at an estimated local cost of $5,560,000; and -2- !2-llt7/ ~HEREAS, DWR will make reimbursement for a11 necessary rights-of-way; ). ~ and for all costs in the relocation and reconstruction of existing streets, bridges, utilities, and irrigation and drainage facilities within the limits of the PROJECT right-of-way, except for rights-of-way not necessary for PROJECT or for any excesses of equivalent replacement over the existing facilities, such excesses considered betterments; and WHEREAS, any rights-of-way not necessary for PROJECT or any modifica- tions other than equivalent replacement of streets, bridges; utilities, and irrigation and drainage facilities under the CITY'S jurisdiction required solely due to the construction of PROJECT are considered betterments and therefore the responsibility of the CITY to the COUNTY as Administrator of PROJECT; and WHEREAS, on April 13, 1965, CITY adopted Resolution No. 8882, whereby it requested COUNTY to give the assurances required by the United States to provide the local cooperation necessary for the construction of the project, and further, agreed to make payment to COUNTY for those nonreimbursable costs, considered betterments, in the reconstruction of streets, bridges, utilities, and irrigation and drainage facilities; and WHEREAS, on June 15, 1971, City Council approved a contribution for proposed betterments to the National Avenue 8ridge; UOH, THEREFORE, it is agreed as follows: SECTION I COUNTY AGREES: 1. To acquire all necessary rights-of-way and relocate utilities for PROJECT not covered by Cooperative Agreement between the COUiHY and HIGHI/AYS dated rlarch 17, 1970. -3- /2 -/162-1 '\;. ~ 2. To prepare plans and specifications for relocation and reconstruc- tion of existing streets, bridges, utilities, and irrigation and drainage facilities located within the limits of the flood control channel and not covered by the aforementioned Cooperati ve Agreement betHeen the COUNTY and HIGH\JAYS dated i.larch 17, 1970, and the proposed Cooperative Agreement betl/een COUNTY and HIGHHAYS covering construction and maintenance of bridges.' 3. To cause to be constructed the aforesaid relocatio~ and reconstruction. 4. To bear any nonreimbursable costs for aforesaid rights-of-way, relocation and reconstruction within the unincorporated area of the COUNTY. 5. On completion of the Second Avenue channel crossing structure, to accept full responsibility for the Second Avenue roadway section, including the travelled way, shoulders, curbs, sidewalks, walls, drainage installations and traffic service facilities. 6. To make all necessary negotiations and agreements with the United States Government for the maintenance of PROJECT including the flood control channel and appurtenances within the flood control channel right-of-way. 7. To furnish to the CITY, prior to April 1 of each year, an estimate of its share of the maintenance costs for the subsequent fiscal year for all improvements other than channel crossing structures, lying within PROJECT right-of-way. 8. COUNTY agrees to submit claims to OHR for Local Flood Control costs. COUNTY further agrees to pay HIGHHAYS for those costs by HIGHWAYS for local Flood Control purposes and which have been reimbursed to COUnTY by D\.m. -4- ;21/b 2) \; ~ SECTION II CITY AGREES: 1. To bear that share of the rights-oF-way costs within the CITY 1 i mi ts of National Ci ty that are determi ned to be nonreimbursable by D\IR. 2. To bear that share of cos ts for relocation and reconstructi on of existing streets, bridges, utilities and irrigation and drainage facilities within the CITY limits of National City that are determined to be nonreim- bur sab 1 e by DI~R. 3. Upon receipt of notice of completion of the Highland Avenue and National Avenue channel crossing structures, and at no cost to COUNTY, to accept full responsibility for the entire portions of the above-mentioned structures lying within the flood control channel right-of-way. 4. CITY shall pay to the COUNTY 30.7% of the cost of maintaining all improvements, other than aforementioned channel crossing structures, lying within the flood control channel right-of-way. S. CITY agrees to pay 30.7% of all Local Flood Control costs which have not been reimbursed by DHR and which have been incurred by HIGHIIAYS after 10 years following completion of construction of the project. 6. CITY shall pay the COUNTY, within 60 days of notice, CITY'S share of the aforementioned maintenance cost. SECTIOIj III IT IS 11UTUALLY UNDERSTOOD AND AGREED: 1. The determination of DUR concerning reimbursability will be binding on all parties to this Agreement. -5- !Z ~- /1 c:: 2-1 2: -That neitller COOlny nor any officer or employee tllereof shall be responsible for any dar,lages or liability occurring by reason of anything done or ol,litted to be done Dy CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also under- stood and agreed that, pursuant to Government Code, Section 895.4, CITY shall fully indemnify and ho 1 d COUNTY harml ess from any 1 i abi 1 i ty imposed for injury (as defined by Government Code Section 810.8) occurring by reason of - anything done or omitted to be done by CITY under or in any connection with work, authority or jurisdiction delegated to CITY under this Agreement. 3. That neither CITY nor any officer or employee thereof shall be responsible for any damages or liability occurring by reason of anything done or omi tted to be done by COUIITY under or in connec ti on \~i th any work, author- ity or jurisdiction not delegated to the CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895.4, COU!HY shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anythi ng done or or"i tted to be done by COUNTY under or in any con- nection Hith work, authority or jurisdiction not delegated to CITY under this Agreement. 4. That the provisions of this Agreel.lent, and its execution, shall not be effective or binding upon CITY or COUNTY unless other related agreements essential to completion of the project are duly executed by COUrny with the agencies listed below: AGENCY City of Chula Vista Port District State of California, Division of Highways Channel r'laintenance Channel /oIaintenance Bridge Reconstruction and l'la i ntenance -6- /2 - //,,2--/ . , 5. In the event of any changes in the boundaries of the unincorporated area, tile City of Chula Vista or the City of National City, the percentage of channel maint'2nance costs stated in Section 11-5 will be adjusted to reflect such changes. IN WITNESS WHEREOF, the parti es hereto have caused thi s Agreement to be executed by their properly authorized officials. COUNTY OF SAil DIEGO By ::ti#';;J~- h', 1/t!.,A-r- Ass ' t. Clens Board ot Supervl sors Date~u~ust 21, 1984 (28) ATTEST ROBERT D. Z~;ALT County Clerk By4-~--r(/ f ;L~-I:-CL Depu ty By ATTEST Ci ty Cl erk Ti tle Mayor By ~-~'~__.. I (cJ 1 /Jf .~~T~Jt-( ~ Date July 20, 1984 /}t~jlulvv\ Coun ty ~~ CHy Attorney By _'?.I.f I. PO TEll D. . C ar 0 e ,Board of Supervisors of" the County : i .r. San Dieso, St.at.e of California, ! hereby certify t!.1, i. 8 true 6l1d I correct copy cf . ,':'ji~al . , JocWDent nov on L , _ cd,. y off1ce. APPROVED AS TO FORI,I: I ,jc tness my hand thi n d<Iy of I I . ! /rJ/(A./,()- ~/A'74 fi Ad.A./ L....Qerk of the Board of Supervisors Approved by !lie Board of SUpervl"",. '" the Counly of S.nOiego AVG 211984 :1fJ i P~~;'~'~~ 0.;,;, 'f Ut~ 3~.Jr;J "". S~H'n'f,CW1 PH/AGREEf.lENT NATIOIIAL/CTY -]- /2-/ /~2-/ ,I \ , . r 'J t SAN 'DID:;o UNiFIED PORI' DISTRIcr , " Docurrent No. 17~70 Filed Office of the Clerk c COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE SAN DIEGO UNIFIED PORT DISTRICT THIS AGREHIENT, entered 7%: into this Y'day of ~ , 1984, by and betlveen the County of San Diego, hereinafter referred to as "COUNTY", and the San Diego Unifi ed Port Di stri ct, Ilerei nafter referred to as "PORT", is made ~ursuant to authority of Chapter 5, Arti cl e 1 (commenci ng wi th Section 6500) of the Gal ifornia Government Code (Joint Powers Agreement): WIT N E SSE T H IIHEREAS, the United States Government has, under authority of Public Law 90-483, approved August 13, 1968, undertaken design and construction of a flood control project in San Diego County, California, known as the Sweetwater River Flood Control Channel, Bonita Nesa Road to San Diego Bay, hereinafter referred to as "PROJECT"; and WHEREAS, on April 20, 1965, COUNTY adopted Resolution No. 60 agreeing to act as the s~onsoring agency representing local interests, including the PORT, in giving the assurances of cooperation required by the United States Government in su~port of PROJECT and the assumption of certain designated obli9ations; including providing, without cost to the United States, all necessary rights-of-way; performing all necessary construction, lIlodification or ~ocation of highways (including bridges), utilities, and irrigation and ~ainage facilities required in connection with PROJECT; and maintaining and operating PROJECT in accordance with the regulations to be prescribed by the Secretary of the Army; and IIHEREAS, any rights-of-way not necessary for PROJECT or any modifica- tions other than equivalent replacement of streets, bridges, utilities, and COUNTY CONTRAC)' NUMBER :2/1 g" A /2-IJt,~/ irrigation and drainage facilities under the PORT's Jurisdiction required solely due to the construction of PROJECT are considered betterments, and therefore, the responsibility of the PURT; and WHEREAS, on i.larch 16, 1965, PORT adopted Resol uti on No. 65-47, whereby it requested COUNTY to give the assurances required by the United States to provide the local cooperation necessary for the construction of the PROJECT, and further, agreed to make payment to COUNTY for those nonreimbursable costs, considered betterments, in the reconstruction of streets, bridges, utilities, and irrigation and drainage facilities. NOli, THEREFORE, it is agreed as follows: SECTION I COUNTY agrees: 1. To arrange for acquisition of all necessary rights-of-way and relocation of utilities for PROJECT. 2. To arrange for preparation of plans and specifications for relocation and reconstruction of existing streets, bridges, utilities, and irrigation and drainage facilities located within the limits of the flood control channe I. 3. To cause to be constructed the aforesaid relocation and reconstruction. 4. To make all necessary negotiations and Agreements with the United States Government for the maintenance of PROJECT including the flood control channel and appurtenances within the flood control channel right-of-way. j2 - / /1.1-1 5. To ensure that project documents contain sufficient safeguards so that the SVleetwa ter Channel wi 11 be cl eared of any debri s, sed iments and other materials deposited during construction. Channel clearance depths to be approved by the Port District. SECTION I I POR T agree s: 1. To maintain, at its own expense, all improvements lying within the flood control channel right-of-way from the mean high tide line to the combined pierhead and bulkhead line, as more specifically indicated on the attached map marked "Exhibit A", and by this reference made a part of thi s Agreement. 2. I.laintenance of the portion of the channel described in Section II, Paragraph 1, shall be to the depth requi red from time to time by the U. S. Army Corps of Engineers, more specifically indicated as minus 17.5 feet. National Geodetic Vertical Datum of 1929 (Zero NGVD equals +2.88 Mean Lower Low Water), including the existing deep draft channel of minus 35. MLLW within said limits. SECTION I II 1. The responsibility of the PORT under Section II, Paragraph 1, shall be limited to the time the PORT is vested with fee title and proprietary control of the maintenance area described in said Section and then only so long as PORT funds are available for such maintenance, it being further understood and agreed that subject to the above limitation the responsibility of the PORT pursuant to said Section shall commence when 12 -II~ 2-1 the COUNTY notifies the PORT tllat the construction of the flood control channe 1 has been compl eted and sha 11 conti nue for a peri od of si x ty-si x years thereafter from such commencement. IN IJITNESS IIHEREOF, the parti es hereto have caused thi s Agreement to be executed by their properly authorized officials. COUNTY UF SAN DIEGO By ifi7l~~v I:)' )~'->-, Ass ' t. Clerk, Board of Supervisors ATTEST: Date August 21, 1984 (29) ROBERT D. Z~,ALT County Clerk , By d~~ ~. 01/t/'X~ Deputy DIEGO UNIFIED PORT DISTRICT ATTEST: By-ti^ ':~, PM .'ft' C erk /}11 ", r By j,(..,f2tCtt101 County I pO D. . II!' 0 e ~ard ot Supervi80rs of the County ot San Diego. State of Ca.lifornia, hereb:r certify this is. a, true flnd correct copy of the on,-,n,,] ,.' t noW on f-ilr' f1tif ~lt~ce. docYmen 0" I Witness rrtY 10''': "~ ':J".f), 1#'i~Y ot @.~-<4Jl?' S- ~_' fkt;;JA3" C~;"rLtl' Board of Su emsors APPROVED AS TO FORM: By Port Attorney Approved by the Board of Supervisors oj the County of San Diego AUG 2 1 1984 'if :rCI ~dJ~ PIJ! AGREEI'IENT PURT /DIS/ AGT Clerk of the Ic.,ird of Supervisors R-/JI- ~J ------- - ._~. - BEGINNltJG at the ~oint of intersection of the common boundary 1~ne bet~een the City ')f :,at:orcll ',~ity and the City of Chula Vista as Qstablis1ec b, land annexatiGn tr t:V2 City of Chula Vista, approved and adoPted by Ch~JlaVista Citj Council ResJlution No, 5742, dated August 5, 1952, with the Mean High Tide Line as Establ ;;h~;d an.J e.s delineated on i/isceilaneous r~1ap ~io. 399, fill:d Sectember 12, 13~J in the Of~ice of the San Diego County ~ecor~er: thence along said ~'!2ail H ~\l Tide Line south 100 161 4411 \'Jest a distance of 204.8S feet tc StJtiCi ~,J. ~9.. thence south 280 141 44'1 \'Jest a distance 0+ 4.2.JO feet; ~henCe leav'11C' s::iic r1ean High Tide Line south j'20 14' 1.311 v..es: 2. distance of 34,+'26 ~"'et; thence south 550 32' 16" I'Jest u distance ~Jf 52,20 feet; Ii~e'lce scuth 72;) 141 1311 ~."est a distance or 2,310.30 feet to a po~nt of intersection wlth t~~ Combined U.S. Pierhead and Bulkhead Line, as said COfi,jine,j U,S, Pie. ~eLC and 6ulkhc:ad Line is nO~1 estajl islled for tne Say of San Die~J, ar~d del~r~a7ed on ~ap entitled "Harbor Lines, San Dieao 5dv, CalifJf';~3. File ~~o. (D.O. S-2ries) 42711, approved by the SeC}~et2ry o+.~ :he Army, hugust 13. 15GS and filed in the Office of the District En~ineer. [_os ;.ng21es, Calif:)(nia; thence alonq said con-,bined line north l~) 12/ JIlt west a distance of 493,23 feet; thence leaving said Combined U.S, Pierhead and 8ul~head LiTle nGrth 720 It! 13'1 east a distance of 2,553.93 ~ee:; ~nence south -6' ~7' 57" eaot a distance of 116.61 feet; thence north 7~o l~' 13" e3st a cistsnce cf 1,229,98 feet to a point on the Mean Hign Tice Line. as sa'd that ~~rtlGn uf the Mean Iligh Tide Line was established ana celineated on :'1isce:l~neous i',a:J :;0, i85, filed October 16, 1946 in the Office of tne San Di2gJ Ccunty ;ecor~cr; thence along said Mean Hiqh Tide Lil~e south 10; 16/ ,~4\' 'des: (::;Juth 9';: 46' ,'Jest-t~ecDrd) a distar.ce 232.27 feet to :hG TR'.j~ PGUr~ ["r ~:EG=r':N~~~~, containing 1,777},-163 squ3.re feet or i~O.30:: ;~cre3 of submer;CJ tid~jc~J area. The abeve desc:'~:'ej 3.rea is -:hat del ineated on Drav/ing r~o. 2595-8, dated 9 ~1ay 1~84. and mede a part of this agreenlent. ", ,'-~- .:; r- ~_ :. 'j P_ l i ; ,:..; -; 0 . ~ ~ : ;- f~: 'i:) :".- - ~ ... t' I , .. ..) '-'- i ..,I -_._...........~~ ~ ),41E ..--..:.....::-1~_~~_; ~':!<LE ! --i i , ,. I , "-~f''''ISF.D. - - I~ SoHAWH -~. :' n CroECIC.EO -':..'-- ~'-.J ~ ~f.vtE'l;fE~ I' "...., 'C ; II I..p",,,ovt.O . .!-~ ~,~,':::.!f.:;', -- SAN DIEGO U~IIFIED ?CRT DISTRICT c ",< [: II" ":~, Ii ';iE?--:-',:;'-":=-::- R~ ,J".:" F:_,~,r)O CYliDI.:L (~;~:~~H~EL t~f ,. rJH..I!III1 NO. ~"j i ,. ~(:r ~I- ~ : ;,' ',~ I t: 1 1 i ~ I -::; '::: -~, !Z-//t 2/ C'o~ --.;; -- /....c..--~~ ~ G:;;... ~/~R~;;:.4~ YO,..,....:=:-5: !''V'//_/..?,' 9a~O/"";.y /. A"'74/t't-"',~c;{/..4/VCF 4H'E:4 i '~..g~ -:r,L,/O;~,/V :::?k;"1,;?~-'. I ,:~ G',d':Y/.~" C'~ 8tF.4R/#6 _ -C..4L..<~O.R-"//~ :;:-' jc.--'.q.../, ,'1-;Q' ;"-.=- :5"Y6"')-E:4?? ?O/V~ G ..'" C ::79'';:w';,y'- R,:C'. ,0,7:\) :s-...-t:>-/c;'4<;Z'" rV~- Rae. R-1'" ,~ .) pI;:' ;otI" :"f? , ~~ ~111 ~," ~.~ ,'~ ~ {\~-(. ~ ",C,p y~U I, ,I~~ J 'ff?<I(.-.r1 ;t. p , . ./'{...... v' , T:vct!..4,A/.::'S -AVE'I, :k In I ~ ~ ~, ;J , , ~ 1\\3 I; .~\; ~ ~~ ~ b " ---, ~ 'I ~ ~ '" ~ . II I i ...".J "J pi~ I~I 11__ I u./5:1./J.JCY __ ----.J '- I ! I I I /~//-.-./........... ~/(,= ,---:7...::.1 ~ c.:. C"" /.>- ~/V-~ r- ~ --"'? /1-:? /.~_ - ~-<7 c::.. /;7/';:: ~~s Sc::?.r~ <;ZO.80S -dC5. '~5"' 7"'"L::>,..." CO,......- -.gd...t,,/...(:::"" . ; .!tJ!5 , .;>; ~, ~~ ~~ ~iI t\1.; ~ t~ ~ ~ \j ~ ~:~ c;j " ~ ~ - ~ ~ ~ ~ ~ ~ ~j,.. ~ H.: ~ ~ -:: \J \; t '- \) ~ " '.. -" ~ ~ ~ I\; ~ 1\ t\ ::!rTA. &9..,.70.79 ,<./ /'"?C;;. ~';'?/. ~, e /, ?.:!'.;;;~o,~~.c;..4 :::r/O./~'4~-J..1../- -i?C'c;;z.c!!'~' ~.e'clI./4'44-Vl/-. 4."?OO" :?/......,' ~ > III' -<\! , " ~~ ~.... t\~ 6~ SS. 3<:- '" /::;;- vV' 5.?~'" . ../:1. I ~' ~ ~ : \j ;J~1'i:r1'l'C' SCAl.f J,.. Ff;:ET ('\ "';:)0 800 . --=::::::::--- ~~~ -r' , , -' I ./ \ I ./ -' .!.-./..=, ~/.JJj.!)S .ePS" ......... / /' ,~- ^ ;<./ ~ /7 .........,:.../ e--'.~V ? P/ ~ /3/1/ - ~T.4, ?/7'';;S.59 ..-t,./ /.'7..5,c.;<,;;/.O/ ~/, ?.::!..:?7 .:;;z";;O.86' II SAN CIEGO UNIFIED P0RT DISTRICT EXHIBIT nAil ~'.'0"D I S'NEETWATER RIVER FLOOD CONTROL CHMINE\. I' '~:.,..l..-.~~_~.--'-:.~'" - '.1IfS JF s~~. D!EGO J~~lcrEa ~'J~T :;iST:"";I,'C7 '''~:'I-oIH~G~E~ '.4;"iNTI.::"~~NCE qESPONSfBIUTY R~"'SED :;q.ll..,,_:" ...;.)":-: '-:HECI(Ea ~~:-~-:')Ct RCVIE_f':) ~ ..3:- ;~K ..a ::/:; ~~?- - .-4-'..4"'~4~---___ -::~':..~~.~::--- - :9wC:-!--.;-- ~.i ..:?,,&"' =_ 104,;,- J '/lj;"y }'34 SCAi...f 2.S~~_ ~EF : ~).'3. ~"},.:. .~.~-~~ C.U,'tW1""G "f0 2595-8 )2-j)tJ/ !)ocuITeI1t No. ECORDED DATE .;} ILE/PAGfNO. 84 -3~ 89"13 SAN DIEX::c> UNIFIED PORI' DISTRIcr 17~71 Filed urr~ce or ~ ~~erK EASEMENT SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "Grantor", for valuable considera tion, receipt of which is hereby acknowledged, hereby grants THE COUNTY OF SAN DIEGO, its successors and assigns, hereinafter called "Grantee", a perpetual easement and right of way upon, through, under, over, across, and along the herein described real property. Said easement shall be for the purpose of con- struction, operation, maintenance, repair, replacement, and reconstruction of a drainage channel and appurtenances as ap- proved by Grantor, and inspection of a drainage channel and all structures incidental thereto, and for the flowage of any waters in, upon, through, under, over, across and along said channel, wi thin that portion of Grantor's land si tua ted in the Cities of National City and Chula Vista, municipal corporations in the County of San Diego, State of California, and more particularly described as follows: Approximately 1.777.463 square feet of tide- land area (land and water) in the Cities of National City and Chula Vista, San Diego County, State of California, more particu- larly described and delineated on Drawing No. 2595-B, attached hereto as Exhibit "A" and by this reference made a part hereof. 1. Grantee, its agents and the U.S. Government shall have rights of entry on and to the land and water described -1- j?_I/bl--l above to facilities inspect, repair and and appurtenances uain tain the drainage via practical routes across the adjacent land of Grantor. Said routes to be determined by Grantor from time to time. No work by the Grantee or by the U. S. Government shall act to obligate the U. S. Government to further maintain or repair any facility. 2. Grantee shall have a permanent right to remove any obstruction interfering with the use of said easement and right of way by the Grantee, and its successors or assigns. 3. In the event Grantee, its successors and assigns, dis- turbs the existing improvements wi thin the easement area during construction, maintenance, replacement, reconstruction and repair of the channel facilities and appurtenances as approved by the Grantor, Grantee shall do so in such a manner as will cause the least injury to the channel, its protected side slopes, levees, and any improvements thereon. Grantee shall restore channel and appurtenances to substantially the same condition as existed immediately prior to any such disturbance. 4. Grantor expressly reserves the right to grant ease- ments in, upon, over and across the easement granted herein for any purpose whatsoever not inconsistent or incompatible with the rights and privileges granted by said easement. Nothing herein contained shall be construed as limiting the powers of Grantor to convey -2- k II tp:)-I or otherwise transfer or encumber, during the term of this easement, the land and water described herein. The easement granted herein shall be subject to all existing rights of leases and encumbrances, recorded, and unrecorded, affecting said land and water. In granting this easement, the Grantor may impose reason- able conditions, including but not limited to the filing of an application for any Army Corps of Engineers permit and providing an adequate performance bond to guarantee completion of the work. 5. No construction or major repairs of any facilities shall commence without prior approval of the plans and specifications by Grantor, except for necessary emergency repairs. In the case of emergency repairs, Grantee will give Grantor written notification within Ten (10) days from the commencement of the emergency repair and will obtain Grantor's approval within Ninety (90) days from the commencement of the emergen- cy repair. Facilities installed pursuant to this agreement shall be constructed in a careful and work- manlike manner and shall conform to all applicable laws and regulations. 6. The terms, covenants and conditions of this easement shall be binding upon and insure to the benefit of all heirs, executors, administrators, permittees, licensees, agents, assigns, or successors of any kind of both Grantor and Grantee. -3- pl/(PJl 7. SIGNATURE OF PARTIES: It is an express condition of this easement that said easement shall not be complete nor effective until signed by all parties. IN WITNESS WHEREOF, the Grantor has on this 1 ~ day of ~,e.I-. executed this instrument , 1984. DATED ~.Jj... 10 , 1984. APPROVED: SAN DIEGO UNIFIED PORT DISTRICT As to Form and Legality JOS~~TELLO Port Attorney By ~c<o, As to Engineering and Legal Description . ~(..q ~w-ui.~ HN E~ B. WILBUR Chief Engineer By This is to certify that the interest in real property conveyed by the deed or grant to San Diego County, a political corporation and/or governmental agency, is hereby accepted on behalf of the Board of Supervisors, pursuant to authority conferred by Resolution of said Board adopted on August 21, 1984 (46) and the County consents to recordation thereof by its duly authorized officer. Date WG 2 ~ 1984 ff'-/~ PORTER D. CREMANS Clerk Qf the Board of Supervisors By ~ (:- ~A~~~ Deputy Approved by the Board of Supervisors of the County of San ,Diei:o ~rft~ Cler~; ot the Beard of Super,,'isors ,rr;; ,:~>; "j'il1 j)()!\Un -4- f-.-I/fcC) i L7 JIJ_~ L 'Iit,i)'f :;i, ":,..rt . . 1 RY.~~~' ~ ('" " T~ /:J~'if'c! -...- _.. - - 6EG:i,;NUjG at the ~oint of intersection of the co~;':",on boundar'y 1 ~Ile bet\-;e~n the City of ~atjor~1 City and the City of Chula Vista as establisne~ by land annexation to the City of Chula Vista, approved and adcpted by ChulaVista City COuncil Re~olution No. 57~2, dated August 5, 1952, with the Medn High Tide Line as Establ isr,ed and as delineated on r'1iscellaneous 1.1ap ;~o. 399, filed September 12, 19Sa in the Office of the San Diego County Recorder: thence along said r1eal~ H -9h Tide Line south 100 15' 44" l'/est a distance of 204.83 feet to Staticn No. 59; thence south 280 14' 44" "lest a distance of 42.00 feet; thence leaving said ~1ean High Tide Line south 720 14' 13" west a distance of 844.26 feet; thence south 550 32' 16" west a distance of 52.20 feet; thence south 72" 14' 13" west a distance of 2,810.30 feet to a point of intersection vlith the Combined U.S. p'ierhead and l3ulkhead Line, as said Combined U.S. Pierhead and Bulkhead Line ~s now established for the Bay of San Diego, and delineated on map entitled "Harbor Lines, San Diego Bay, California, File 110. (D.O. Series) 427", approved by the Secretary of the Army, August 18. i965 and filed in the Office of the District Engineer, Los hngeles, California; thence along said combined line north 11" 12' 01" west a distance of 493.23 feet; thence 1eaving said Ccmbined U.S. Pierhead and Bul;Zhead Line north 720 It.' 13" east a distance of 2,553.93 "eet; thence south 760 C.7' 57" east a distance of 116.61 feet; thence north 72" 14' 13" east a distance of 1.229.98 feet to a point on the Mean High Tide Line, as saId that portien of the ~ean High Tide Line was established and delineated onJlisce11aneous ",a;J No. 185, filed October 16, 1946 in tl-Je Office of the San Diego County ;.,ecorder; thence along saId r~ean Hiqh Tide Line soutl-J 100 16' -+4" vJest (south 90 46' Viest-,"ecord) a distance 232.27 feet to the TRUE POIIIT OF 6EGII:r:~;:G, containing 1,777,463 square feet or 'W.805 acres of submerged tideland area. - The above desci'1be,j area is that dGl ineated on Dravling t.o. 2595-B, dated 9 ~iay 1984, end made a part of this agreement. S~~::ET 1 ~.JF 2 ",(VISED: ORAWN_ P'jS'~h (:'r-4ECtl:EO ;:;, "'0 "'["1[..[0 C .~ I(J'C.J:: SAN DIEGO UNIFIED PORT DISTRICT DATE ,.,1,,',. . J. , (. ~ "..- ~P?~oY!O . [t';'!If:.Ii ";." S~E~T~ATF2 R!V:2 FLOOD CO~TPOL CHA~NEL ~;i::i:s 0; Sj~1 0ie'JO Unir-iA/'j Por: :'istrict ~.~ j 1 '., -:;: Ii 1.rh~..; Pes:; \) n :: i b i 1 i : .. S-':AL.!: -'fF . V)k-l..~~~ ... Cl1lfF t;;"(al"'~!:R O~U..U'll1 NO - ... - ~ ,,", ,~ :; ';': - ~:. -.. - - -- - 12 -//& ;?-/ , C ::79'~c:;;;.' YV-~.=C. . 0.71) s/"O'/,;;'.;<4~ n/- R,se. .e-1' ~~ 1\' .rn " ~~ !Ii,' ,,~ to: {', r/ ~ 1.,/' ~ . ~ T/PEL.4A/PS -AVC-. ~ ,~ Ii ~ . "-. ~ j-- ~\ <\ 1\11 t ~I II. ~ , . II "-' . ~ ~~ ~~-.lJ ~ ' ... W~ ~ "I DJ S :/./fJ Ci .......c.--"'~;:r-/o /. /(./-<1 c:. . "7~..., --? /" --v~ C'" /" ;;-- ;- 7-=-~ /'1-;?/....-v-..<7c:.. ~ ???; <;1t:;:3' S'~ ~ .;zo. 805 ..4CS. ,c;.~i ?'=- .0..-- 08.d...v.oE:::'"' c:-o~-.e .......t,./~..::::> ~~~~/cc-~ ~- ...-.-:.<,..'~~.-;:":> I'I'!:V!5E:0 . :)QAW'" _ ~'i;UPI\E: '.HfC/lCfO ~.I-""...SOt~ REI/IE_If!) L-S..!~~K :.P~<tO'olfC j,(~. t--6~'1.. Iv ~,rf F,.,r;,~E:"p e,,__~..__ ~ . . ~~ ~~ ~II t\~ ~ :?/O' ~ ... . ., xII ~~ c~ ~~ ~ ~ 'oJ ~ ~:~ I) ~ ~ ~ . ~ ~ ~ ~ ~ ~ t:~ ~ ~ ~ { \J"" \' ).. \J ~ ~ '.. .0.; i: I" ~ \J ~ ~ ~ tI . :oJ :0' ~ ~ ti .. h ____"_____.",_.____ ~TA. .:S'9 "-'70.79 /U /?C;;,~2/.:3'/ e /r 7~.;;;,.:?dvr..~ ~ /t::>.,~:;..4~-V1_..... - ":?Ct:;;Z. L1~" 5.t:-d-/.;r'4<;1'-;'v__ .;"....7.,,;:::10' .:5" 5"5-..::t',2-' /::;;-Vf/ 5R.~" ;!;.l.-'" \l~"'''"I!: SCALI!: Ih n:ET \ o 400 100, ~.t~ ,. , ! , \ .l!'2S" \", ./ ....~/ /!/OTE5 : /. fr?4//!/TC',VA/Vce A.Re..4 :5,q-01""-:-1/ :5//APC7D. R. .8fi-:5'/::::l O.&'"' 8EfiR//VG = "'C4<1../"::-OR///,4 C'oo,-q/:>,';-1.oaTcr :::TY5TE..-.?? .?O/Y"G"'"' c:;- ~ SAN DIEGO UNIFIED PORT DISTRICT EXHIBIT "A" S'NEETWATER RIVER FLOOD CONTROL CHMINEL L '.1ITS OF S-"~ DIEGO u'''"IED PORT ~IST,"'CT \A:'INT::N:"NCE QESPONSIBJLlTy 6',?!;V eve:? p/ .,c:J"':::; r .::YTA. ~/""'';;;:S.59 .-'t/ /::>5. a.<:::./. 0/ c-/, .7..::32, .:;;1<'#0.8::::- -- ..r::::t.............:;. ~ --- c::;...-'~~..4"'~..4~ --- <~t..-~ ~~c~r &-"7 o,.e- .;? 04Tf 2-:."~Y :-84 SCALE l..S s~rl~L_ ,qel'" .5:.J.::!..:....:~JI:.. 2E:-2g D"'A"'HtG "0 2595-8 12 -//&~/ ".. '~ " ( ( " Estlrnntod Febnnry G, 198. SWfETWATEH R I Y[R FLOOD CONTROL CHA~,~EL LOCAL FLWD CONTROL COSTS Total (FY of Not Re 1m bursable by miR Local FloaJ ReImbursablo Con::>truc- Cor.trol Costs by D\\R tlon) CHULA YISTA NATIONAL CITY CCUNTY LAND AND DAMAGES $ 1,369,000 $ 1,369,000 ( 1985) $ 0 $ 0 $ 0 UTILITIES/,fLOCATIONS 5prl n:, Vd.llcy Outta II 304,500 304,500 (1935) 0 0 0 10" CdS I I 0-0 10,000 10,000 (1986) 0 0 0 16" 011 I J re 18,200 18,200 (1985) 0 0 0 SU8TOTAL UTILITIES $ 332,700 $ 332, 700 HIGHWAY RELCCATIONS Ojf</IX;;::S) 1-5 227,500 227,500 (1985) National Ave n~~ 332,000 83,000 (19851 12B,000 (85) SUBTOTAL $ 559,500 $ 310,500 $ $ 128.. 000 S HIghland Avenue 1,955,000 1,955,000 (19861 Ed gomo1'3 Ave nue 1,220,000 882,000 (1985) 338,000 -- (851 SU8TOTAL $ 3,175,000 $ 2,837,000 $ $ $ 338,000 RELOCAT IONS $ 3,734,500 $ 3,147,500 TGfN. LAND & RELOCATIONS $ 5,103,500 $ 4,516,500 $ $ 128,000 $ 338,000 Loca! Advances.: Reimbursablo $ 1,355,000* $ 1,386,500' $ 1,775,000. No~Rel!1bursable 0 128,000 333,000 fOHL $ 1,355,000 $ 1,514,500 $ 2,113,000 Annua r Interest on Advances @ 10% 135,500 151,450 211,300 'IITICATION & RECREAT I ON "<1'fIGATION 87, 000 0 26,100 26,709 34,191 1ECREAT ION ::;hann.a-I BJ ke Path 102,500 0 30,750(1986) 31,468(1985) 40, 282( 1985 :ques. Rest Area 36,000 0 0 0 36,000 3!Jnpo.....der pt. 48,000 0 48,000(19861 0 0 ~a$h Tr:si 1$ 38,000 0 38,000 0 0 ,uSTOTAL RECREATION $ 224,500 $ 0 $ 116,750 $ 31,468 $ 76,282 SUGTOT AL: RECREATION & MITIGATION $ 311,500 $ 142,850 $ 68,177 $ 110,473 IfPre.posed share cf ccst, to be relmbursHd by Depari"mont of Water Resouf~ces (OWR). :>W/LQD/',~"STE.! - D/HOFFLAND 12 J!t,~1