CITY OF SAN DIEGO WATER DEPARTMENT

RESERVOIR STORAGE-SEPTEMBER, THIRD 10-DAY PERIOD

Water in storage in municipal reservoirs as of October 1, 1944 and October 1, 1945 subject to outstanding commitments to California Water & Telephone Co.; La Mesa, Lemon Grove and Spring Valley irrigation district; Santa Fe irrigation district; San Dieguito irrigation district; Del Mar Water, Light & Power Co., and a number of minor water users:

NAVY DEPARTMENT BUREAU OF YARDS AND DOCKS SUPPLEMENTAL AGREEMENT No. 2-MODIFICATION OF CONTRACT NOy-13300 WITH THE CITY OF SAN DIEGO, CALIF.

Whereas, a negotiated contract dated October 17, 1945, between the United States of America (hereinafter called the Government) represented by the Chief of the Bureau of Yards and Docks, Navy Department, Washington, D. C., and The City of San Diego, California (hereinafter called the City) provides for the construction by the Government of a steel and concrete aqueduct running from a connection with the Colorado River Aqueduct of The Metropolitan Water District of Southern California near the west portal of the San Jacinto Tunnel, Riverside County, to San Vicente Reservoir, San Diego County, and further provides for the delivery of possession of said aqueduct to the City under certain lease conditions as specified in said contract; and

Whereas, this contract further provides, in Article 1, Section (a) that the Aqueduct project shall include the entire structure and appurtenances thereto, together with the rights in real property acquired by the Government for its construction or operation, and also provides, in Article 1, Section (b) (ii) that title to the Aqueduct shall remain in, and title to all replacements and improvements thereto made during the life of the lease shall vest in, the Government, and finally provides for the acquisition by the city of title to said Aqueduct as so defined under the provisions set out in Article 1, Section (b) (iv); and

Whereas, a Stipulation for Judgment as to Parcels 1-A and 1-B only has been entered into by the Government and The Metropolitan Water District of Southern California in that condemnation action entitled, "United States of America, plaintiff, vs. 78 Parcels of Land in the County of Riverside, State of California; The Metropolitan Water District of Southern California, a municipal corporation, et al., defendants, No. 4880-WM-Civil," in the District Court of the United States in and for the Southern District of California, Central Division, and said Stipulation and Final Judgment and Decree thereon were filed in said action on July 3, 1946; and

Whereas, by said Stipulation for Judgment and said Final Judgment and Decree in Condemnation it is adjudged that title to the transition and diversion structures to be constructed by the Government at the west portal of the San Jacinto Tunnel of The Metropolitan Water District of Southern California, pursuant to the provisions of the temporary easement therein described and defined as Parcel 1-B, will not vest in the Government but will vest in The Metropolitan Water District of Southern California; and

Whereas, the City by Resolution No. 83328 of its council on May 30, 1946, has concurred in this Stipulation for Judgment and Final Judgment and Decree in Condemnation and approves this vesting of title to said transition and diversion structures in The Metropolitan Water District of Southern California:

Now, therefore, it is hereby mutually agreed between the Government and the City that the aforesaid contract be modified by adding to Article 1, Section (b) a new subsection (vi) as follows: "(vi) For the purpose of determining the true cost and/or purchase price the Aqueduct shall include the transition and diversion structures constructed by the Government at the west portal of the San Jacinto Tunnel of The Metropolitan Water District of Southern California, upon land of said District, pursuant to the provisions of the temporary easement described and designated as Parcel 1-B in the condemnation action entitled, 'United States of America, Plaintiff, vs. 78 Parcels of Land in the County of Riverside, State of California; The Metropolitan Water District of Southern California, a municipal corporation, et al., Defendants, No. 4880-WM-Civil,' in the District Court of the United States in and for the Southern District of California, Central Division; but for the purpose of delivering possession to the City, of retention of title in the Government and of conveyance of title to the City, the Aqueduct shall not include the said transition and diversion structures, and title to the said transition and diversion structures shall vest, be, and remain, in the said District."

In witness whereof the parties hereto have executed this contract this 29th day of October 1946.

UNITED STATES OF AMERICA,
By (s) R. H. MEADE, (CEC), USN.

(For the Chief of the Bureau of Yards and Docks, acting under the
Secretary of the Navy.)

Attest:

Approved as to form:

By (s)
(s)

THE CITY OF SAN DIEGO,
F. A. RHODES, City Manager.
FRED W. SICK, City Clerk.

(s) J. F. DUPAUL, City Attorney.

The foregoing modification of contract Ny-133000 is approved.

Attest:

Approved as to form:

THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA,

By (s) J. M. GAYLORD, Chief Electrical Engineer.
(s) A. L. GRAM, Executive, Secretary.

(s) JAMES H. HOWARD, General Counsel.

SUPPLEMENTAL AGREEMENT No. 1 BETWEEN UNITED STATES OF AMERICA, THE CITY OF SAN DIEGO AND SAN DIEGO COUNTY WATER AUTHORITY This supplemental agreement No. 1 entered into as of the 23d day of September 1946, between the United States of America, hereinafter called the "Government," represented by the Chief of the Bureau of Yards and Docks, Navy Department; the city of San Diego, a municipal corporation, organized and existing under and by virtue of the laws of the State of California, hereinafter called the "City"; and the San Diego County Water Authority, a public corporation, organized and existing under and by virtue of the laws of the State of California, hereinafter called the "Authority," witnesseth;

Whereas The Government and the City, under date of October 17, 1945, entered into Contract NOy-13300 (hereinafter called the "Contract") wherein the Government undertook to construct, and the City undertook to lease, operate, and maintain an aqueduct from a connection with the Colorado River Aqueduct of The Metropolitan Water District of Southern California, near the West Portal of the San Jacinto Tunnel in Riverside County, to San Vincente Reservoir in San Diego County, and wherein certain options to purchase said aqueduct are granted to City; and

Whereas there is now pending between the City and the Government a proposal for the amendment of the Contract to provide for the retention of title by The Metropolitan Water District of Southern California to certain connection facilities; and

Whereas as a step in the annexation of the corporate area of the Authority (of which the corporate area of the City is a part) to The Metropolitan Water District of Southern California, as a means of securing a supply of water for the Authority, it is necessary or desirable to transfer the said Contract from the City to the Authority; and

Whereas the legal characteristics of the Authority differ in some particulars from the legal characteristics of the City, and some of the obligations of the City under the said contract cannot be performed physically by the Authority, but the City, as a part of the Authority, will continue to be benefited by the said Contract;

Now, therefore, in consideration of the premises, it is agreed as follows: 1. Contingent upon the annexation of the Authority to The Metropolitan Water District of Southern California, the said Contract, subject to the following qualifications and amendments, is hereby assigned by the City to the Authority and the Authority hereby accepts and assumes the same and the Government accepts the Authority as Obligor in said Contract in lieu of the City;

Provided that this agreement shall be of no force or effect until and unless: (a) A majority of the qualified electors of the City voting on the proposition shall authorize the transfer and assignment to the District by the City of its rights and obligations under the Water Delivery Contract between the Government and the City, dated February 15, 1933, relating to the waters of the Colorado River;