HomeMy Public PortalAboutResolution - 06-07- 20060208 - Hall property Funding Agr RESOLUTION No. 06-07
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on February 8, 2006, at a Regular Meeting thereof, by the following vote:
I
AYES: J. Cyr, M. Davey, N. Hanko, L. Hassett, D. Little, K. Nitz, P. Siemens
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
� I
S retary Pr ident
Board of Directors vBOard of 15'irectors
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that
the above is a true and correct copy of a resolution duly adopted by the Board of Directors of
the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
Dist erk
RESOLUTION NO. 06-07
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING EXECUTION OF THE FUNDING
AGREEMENT WITH THE COUNTY OF SANTA CLARA
AND EXECUTION OF AN OPEN SPACE EASEMENT, AND
AUTHORIZING THE GENERAL MANAGER TO EXECUTE
ANY AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO THE CLOSING OF THE
TRANSACTION (MONTE BELLO AND SARATOGA GAP
OPEN SPACE PRESERVES— FORMER LANDS OF HALL)
The Board of Directors of the Midpeninsula Regional Open Space District does resolve as
follows:
'Section One. The Board of Directors of the Midpeninsula Regional Open Space District does
hereby accept the offer contained in that certain Funding Agreement between the County of
Santa Clara and the Midpeninsula Regional Open Space District, a copy of which is attached
hereto and by reference made a part hereof, and authorizes the General Manager or President of
the Board of Directors or other appropriate officer to execute the Agreement on behalf of the
District.
Section Two. The President of the Board of Directors, or other appropriate officer, is authorized
to execute the attached Open Space Easement conveying certain real property rights by the
District to the County of Santa Clara as provided in said Agreement.
,Section Three. The General Manager of the District shall cause to be given appropriate notice of
acceptance to the County. The General Manager is further authorized to execute any and all
other documents in escrow necessary or appropriate to the closing of the transaction.
Section Four. The General Manager and General Counsel are further authorized to approve any
technical revisions to the attached Agreement and documents which do not involve any material
change to any term of the Agreement or documents, which are necessary or appropriate to the
closing or implementation of this transaction.
FUNDING AGREEMENT
Stevens Creek County Park & Monte Bello & Saratoga Gap Open Space Preserves
This is a Funding Agreement ("Agreement") between the COUNTY OF SANTA CLARA
(COUNTY) and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (DISTRICT) for the
contribution of COUNTY funds for the DISTRICT's acquisition of real property located
adjacent to COUNTY's Stevens Creek County Park and DISTRICT's Monte Bello Open Space
Preserve.
RECITALS
A. The DISTRICT purchased from E. Gerald Hall, Trustee of the Hall 1990 Family Trust A
("Seller"), for parks and open space purposes, property described and shown in
Exhibit A ("Property"), which is attached and incorporated by reference. The
DISTRICT acquired the Property for and One Million One Hundred and No/100s
($1,100,000.00).
B. The Property adjoins lands owned by COUNTY and DISTRICT. DISTRICT has entered
into a Purchase Agreement to acquire title and possession of the Property on January
6, 2006 pursuant to the Purchase Agreement between DISTRICT and Seller dated
December 14, 2005, and approved by the District's Board of Directors by Resolution
No.05-34.
C. The Property is shown respectively in the Regional Parks, Trails, and Scenic Highways
Element of the General Plan and the County-wide Trails Master Plan of Santa Clara
County as potential parkland and a regional trail corridor.
D. COUNTY wishes to enhance the park, open space, and regional trail facilities of the
area by contributing funding to the DISTRICT'S acquisition of the Property. DISTRICT
and COUNTY agree that DISTRICT shall hold fee title to the Property and manage the
Property as part of the DISTRICT'S Monte Bello Open Space Preserve. District shall
convey to COUNTY an Open Space Easement in perpetuity over the Property."
Therefore, it is agreed as follows:
1. PURPOSE OF AGREEMENT
The purpose of the Agreement is to provide the conditions for COUNTY to contribute to
the DISTRICT fifty percent (50%) of the DISTRICT's purchase price of the Property to add to
park, recreation, scenic and open space lands along Stevens Canyon next to COUNTY's
Stevens Creek County Park and DISTRICT's Monte Bello Open Space Preserve in exhange for
the conveyance in Paragraph 3.
2. TERM
DISTRICT shall acquire the Property and convey an Open Space Easement to the
County within 90 days of execution of the may Agreement or COUNTY terminate the
9 Y
Agreement without further obligation to the DISTRICT.
3. COUNTY CONTRIBUTION
COUNTY shall contribute Five Hundred Fifty Thousand and No/100 Dollars
($550,000.00) to DISTRICT to assist the DISTRICT with the purchase of the Property upon
011
GUNTRACTUITS COPY Page 1 of 5
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receipt of the fully executed Open Space Easement to the County for recording.
In consideration of County's contribution, DISTRICT shall convey to COUNTY an Open
Space Easement over the Property in the form set out in the attached Exhibit B, which is
incorporated by reference("the Easement"). DISTRICT shall dedicate the Property to public
use as referred to in Section 5 below.
4. ACQUISITION RESPONSIBILITY
DISTRICT shall be responsible for all acquisition activities for the purchase of the
Property.
5. DEDICATION
In the conveyance of the Open Space Easement to the COUNTY, DISTRICT shall
dedicate restrictions on use of the Open Space over the Property according to Section 5540
of the California Public Resources Code.
6. CONDEMNATION
If another public or quasi-public agency seeks to acquire the Property for another public
use, Section 1240.680 of the Code of Civil Procedure and Section 5542.5 of the Public
Resources Code shall apply and be asserted by both COUNTY and DISTRICT.
7. ENFORCEMENT
DISTRICT grants to COUNTY the right, but not the obligation, to enter upon the
Property to monitor and enforce any term, condition, restriction, or covenant of the
Easement or to prevent or prohibit the violation of any conditions, restrictions, or covenants
of the Easement, which will or may destroy the natural and scenic characteristics of the
Property.
S. COSTS AND RESPONSIBILITIES
DISTRICT retains all responsibility and cost for the ownership, operation, upkeep, and
maintenance of the Property. DISTRICT shall keep the Property free of any liens arising out
of any work performed for, materials furnished to, or obligations incurred by DISTRICT.
DISTRICT, its successors, and assigns shall be responsible for, indemnify, and save harmless
COUNTY, its officers, agents, and employees from all liabilities, claims, demands, damages,
or costs arising from the injury or death of any person or physical damage to any property,
any act, omission or condition occurring on the Property, except for the active negligence of
COUNTY its officers, agents or employees. DISTRICT's duty to indemnify and save harmless
includes the duty to defend as set forth in Civil Code Section 2778.
9. RECORDING
COUNTY shall record the Easement in the Official Records of Santa Clara County,
California. COUNTY may re-record the Easement whenever re-recording is required to
preserve COUNTY's rights in the Easement.
10. GENERAL PROVISIONS
a. Choice of Law. The internal laws of the State of California shall govern the validity
of the Easement, the construction of its terms, and the interpretation of the rights and duties
of the parties, regardless of any choice of law principles.
b. Rights Cumulative. Each and all of the parties' various rights, powers and
remedies shall be considered cumulative with and in addition to any other rights, powers,
Page 2 of 5
and remedies which the parties may have at law or in equity in the event of the breach of
any of the terms of the Easement. The exercise or partial exercise of any right, power, or
remedy shall neither constitute the exclusive election thereof nor the waiver of any other
right, power, or remedy available to such party.
C. Notice. Whenever either party wishes or is required to give any notice, demand, or
request concerning this Agreement, each such communication shall be in writing and deemed
to have been validly served, given, or delivered:
• If deposited in the United States mail, registered or certified, and return
receipt requested with proper postage prepaid or
• If delivered by Federal Express or other private messenger, courier or
other delivery service or
• If sent by facsimile transmission by telex, telecopy, telegraph or cable or
other similar electronic medium and addressed as indicated as follows:
COUNTY DISTRICT
Parks and Recreation Department Midpeninsula Regional Open Space
298 Garden Hill Drive District
Los Gatos CA 95032 330 Distel Circle
Attn: Director Los Altos CA 94022
TEL: (408) 355-2200 Attn: General Manager
FAX: (408) 355-2290 TEL: (650) 691-1200
FAX: (650) 691-0485
A confirmed copy of telegraphic, facsimile, or cabled notice shall promptly be sent by mail
to the addressee. Service of any such communication made only by mail shall be deemed
complete on the date of actual delivery as indicated by the addressee's registry or
certification receipt or at the expiration of the fourth (4th) business day after the date of
mailing, whichever is earlier. Either party may designate a different mailing address or a
different person to whom such notices or demands are thereafter to be addressed or
delivered by notice in writing served upon the other as stated above. Nothing contained in
this Agreement shall excuse either party from giving oral notice to the other when prompt
notification is appropriate, but any oral notice given shall not satisfy the requirements
provided in this Section.
d. Severability. If any provision of the Easement or the its application to any person
or circumstance is found invalid, the remaining provisions of the Easement or their
application to persons or circumstances (other than those for which it is found invalid) shall
not be affected so long as the purposes of the Easement can still be carried out.
e. Costs of Enforcement. The prevailing party in the any litigation or arbitration
between the parties to enforce or to interpret the terms of the Easement shall be entitled to
recover court or arbitration costs and reasonable fees of attorneys, accountants,
consultants, and expert witnesses incurred by such party for the litigation or arbitration,
including costs and fees incurred because of any appeals. The prevailing party also shall be
entitled to recover all costs and fees that may be incurred in enforcing any judgment or
award. This provision shall not be merged into any judgment, but shall survive any
judgment.
Page 3 of 5
f. Captions. The captions in the Easement and this Agreement have been inserted
solely for convenience of reference and are not a part of the Easement and shall have no
effect upon its construction and interpretation.
11. ENFORCEABLE COVENANT AND RESTRICTION
The Easement and every term, condition, restriction and covenant in it is intended for
the benefit of COUNTY, its successors or assigns and constitutes an enforceable restriction.
DISTRICT and COUNTY expressly intended that this covenant is to run with the land to
constitute an equitable servitude and shall bind every successive owner of the Property or
of any interest in it, and shall be enforceable by COUNTY, its successors and assigns.
12. BENEFIT
The Easement is made for the sole benefit and protection of DISTRICT and COUNTY.
Nothing in the Easement shall be deemed to require the approval or consent of any third
party, owner, or occupant of any other parcel of real property located in or out of the
DISTRICT's boundaries other than COUNTY or to create any right in any third party for
enforcement of the terms of the Easement.
13. HOLD HARMLESS
DISTRICT shall defend, hold harmless and indemnify COUNTY, its officers, agents, or
employees from all claims for injuries to persons or damage to property which arise from
the provisions of this Agreement and which result from negligent acts or omissions of
DISTRICT, its officers, agents or employees.
14. RECITALS AND EXHIBITS
The recitals above and the attached exhibits are incorporated into the terms of this
Agreement by reference.
This Agreement shall take effect on the latest date shown below:
Page 4 of 5
COUNTY OF SANTA CLARA MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
;ate.
By:
mes T. ea I, Jr., Chair, Pre ' ent, B rd of Directors
Board of Supervisors
Date:
%EB 2 8 2006
Attest:
Attest:
By: Sally T> o dt, bis i Clerk
Phyllis A. Perez,
Clerk of the Board of Supervisors Date:
FEB 2 8 2006 Ann Sloan
Date: chant Depwy Clerk
of the Board of Approved as to form and legality:
Approved as to form and legality:
By.
Susan M. Schectman,
By: General Counsel
Kathryn A. Ber y,
Deputy County Counsel Date: ?�
Date.
I
EXHIBIT A
DESCRIPTION:
The land referred to herein is situated in the State of California, County of Santa Clara,
Unincorporated Area, and is described as follows:
ALL THAT LOT, PARCEL OR PIECE OF LAND IN THE STATE OF CALIFORNIA, BEING A PART OF
THE SOUTHWEST QUARTER OF SECTION 32T7SR2W MOUNT DIABLO BASE AND MERIDIAN,AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION
32; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY OF THE SAID SW 1/4 OF SAID
SECTION 32 TO THE NORTHEAST CORNER OF THE SW 1/4 OF SAID SECTION 32; THENCE
WESTERLY ALONG THE NORTHERLY BOUNDARY OF THE SW 1/4 OF SECTION 32 WHICH POINT
ALSO BEARS EAST A DISTANCE OF 1718.1 FEET FROM THE N.W. CORNER OF THE SW 1/4 OF
SAI
D SECTION 32 WHICH POINT ALSO
BEARS EAST 50.00 FEET FROM THE POINT FORMED BY
THE INTERSECTION OF THE NORTH BOUNDARY OF THE SW 1/4 OF SAID SECT
ION 32 WITH THE
CENTER LINE OF A RIGHT OF WAY ACROSS THE SW 1/4 OF SAID SECTION 32 GRANTED THE
PACIFIC GAS AND ELECTRIC COMPANY AND RECORDED IN VOL. 35 OF OFFICIAL RECORDS AT
PAGE 563 SANTA CLARA COUNTY RECORDS);THENCE S. 261 30'W. 2954.6 FEET MORE OR
LESS TO A POINT IN THE SOUTH BOUNDARY OF THE SW 1/4 OF SAID SECTION 32, WHICH
POINT BEARS EASTERLY A DISTANCE OF 400 FEET MEASURED ALONG THE SOUTH
BOUNDARY OF THE SW 1/4 OF THE SAID SECTION 32;THENCE EASTERLY ALONG THE SOUTH
BOUNDARY OF THE SAID SECTION 32 TO THE POINT OF BEGINNING.
SAVINGS AND EXCEPTING THEREFROM THAT CERTAIN REAL PROPERTY HERETOFORE
CONVEYED TO CHAMBERS BY DEED DATED JUNE 13, 1925 (SEE 178 OFFICIAL RECORDS PAGE
20, OF SANTA CLARA COUNTY.)
APN: 351-16-014
I
I
Recording requested by and
when recorded return to:
County of Santa Clara
Parks and Recreation Department
298 Garden Hill Drive
Los Gatos CA 95032
Attn: Real Estate
No Documentary Transfer Tax due:
I Revenue &Taxation Code §11922
Exempt From Recording Fees:
Government Code §§6103, 27383
Park: Stevens Creek
OPEN SPACE EASEMENT Project: Hall/MROSD
j APN: 351-16-014
(
RECITALS
A. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ("DISTRICT") and the COUNTY OF
SANTA CLARA ("COUNTY") have entered into an agreement ("Agreement") dated,
, 2006, in which the COUNTY granted $550,000 to enable
DISTRICT to purchase real property located in an unincorporated area of the County of
Santa Clara, as described and shown in Exhibit I ("Property") as an addition to Monte
Bello and Saratoga Gap Open Space Preserves .
B. DISTRICT and COUNTY wish to preserve the Property as part of the open space,
recreation, ecological and aesthetic resources of the midpeninsula area in perpetuity.
THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, DISTRICT
rants to COUNTY an easement "Easement"' in perpetuity on the Property for public
("Easement") p 9 p Y P Y
open space and recreation purposes as shown on Exhibit II.
1. PURPOSE
The purpose of this Easement is to assure that the Property will be retained in
perpetuity in its natural, scenic, open space and wooded condition and to prevent any use
of the Property that will significantly impair or interfere with its natural, scenic, open space
wooded condition and recreational values. Accordingly, this Easement restricts the use of
the Property for the purposes of public recreation, nature study, enjoyment of views, open
space, natural habitat, preservation, environmental protection, wildlife-oriented education
or research, compatible agriculture, and related uses consistent with this Easement, and
according to the policies of DISTRICT for use and management of its open space lands.
2. RESTRICTIONS ON USE BY DISTRICT
DISTRICT covenants and agrees for itself and its successors and assigns that
DISTRICT shall strictly adhere to the following, except where contrary rights are specifically
retained as described in section 3 below:
a. Dedication. DISTRICT shall dedicate the Property for public park, low intensity
recreation, open space, and compatible agriculture purposes in perpetuity
according to Section 5540 of the Public Resources Code of the State of California.
b. Natural Resources. No native plant, tree or wildlife species shall be disturbed now
or in the future on the Property except to abate disease, eliminate an imminent
hazard tote health, safety, or welfare of the general public, or as approved by
DISTRICT as part of a plan for public access, resource management, and
restoration described in Section 3 below, without the prior consent of COUNTY or
its successor or assignee.
c. COUNTY Review. COUNTY reserves the right to review and comment on any plan
for significant improvements to the Property such as, but not limited to, those
improvements and restoration plans described in Section 3 below. At a minimum,
DISTRICT shall submit to COUNTY a site plan showing the location of the proposed
improvements or restoration before DISTRICT's final approval. Within (60) days
from submission of plans to COUNTY, COUNTY shall provide written comments to
DISTRICT. Comments shall be advisory only. DISTRICT shall consider COUNTY's
comments but shall be free to accept, reject, or modify the plans as deemed
necessary. DISTRICT shall make the final decision as to any plans or
improvements for the Property consistent with the terms and conditions of this
Easement.
d. Master Plan. If DISTRICT prepares a Master Plan for Monte Bello Open Space
Preserve that includes the area of the Property, DISTRICT shall consult COUNTY
during the development of the Master Plan. If a committee or task force is formed
to assist with preparation of the Master Plan, DISTRICT shall offer to include a
COUNTY representative in such a committee or task force.
3. DISTRICT'S PERMITTED USE AND RIGHTS
a. DISTRICT Use. DISTRICT reserves the right to use the Property for open space
purposes in any manner consistent with the DISTRICT's Basic Policies, the stated
purposes, terms, conditions, restrictions and covenants of this Easement,
DISTRICT's enabling legislation, and with existing zoning and other laws, rules and
regulations of the State of California and the County of Santa Clara, or any other
agency having jurisdiction, as such laws, rules and regulations may hereafter from
time to time be amended.
b. Planning, Development & Operation. DISTRICT may plan, develop, and use the
Property for public open space, protection of natural habitat, low intensity
recreational use, and compatible agricultural use in accordance with DISTRICT
policies and ordinances. DISTRICT may plan, design, construct and operate public
open space facilities, including but not limited to multi-use trails, public parking
areas, public restrooms, wildlife observation and environmental educational
facilities, picnic areas, backpack camps, employee residences, maintenance
facilities, and related infrastructure such as water systems, and consistent with the
limitations set forth in Section 2 above.
c. Natural Resource Projects. DISTRICT may conduct natural resource restoration
and resource management projects, including, but not limited to, removal of non-
native or diseased vegetation, a forestation, or reforestation with native plants, or
for scientific study, and consistent with limitations set forth in Section 2 above.
d. Restoration. DISTRICT may restore cultural, historical and agricultural land uses
deemed consistent with protecting the property's natural resources and compatible
with public open space facilities described above, and consistent with limitations set
forth in Section 2 above.
e. Enforcement. DISTRICT may enforce any law, statute, ordinance, regulation, code
or rule of any lawful governmental authority, including but not limited to
DISTRICT's Regulations for Use of Midpeninsula Regional Open Space District
Lands, as are now in effect and as such may hereinafter be amended from time to
time.
f. DISTRICT Policies and CEQA. DISTRICT shall plan, use, and manage the Property
according to all applicable DISTRICT land management policies and State laws,
including environmental review and processes for incorporating public input, public
workshops, and public hearings before DISTRICT Board approval and
implementation of any use or management plans.
4. COSTS AND RESPONSIBILITIES
DISTRICT retains all responsibility and cost for the ownership, operation, upkeep, and
maintenance of the Property. DISTRICT shall keep the Property free of any liens
arising out of any work performed for, materials furnished to, or obligations incurred
by DISTRICT. DISTRICT, its successors, and assigns shall be responsible for,
indemnify, and save harmless COUNTY, its officers, agents, and employees from all
liabilities, claims, demands, damages, or costs arising from the injury or death of any
person or physical damage to any property, any act, omission or condition occurring
on the Property, except for the active negligence of COUNTY its officers, agents or
employees. DISTRICT's duty to indemnify and save harmless includes the duty to
defend as set forth in Civil Code Section 2778.
S. ENFORCEMENT
DISTRICT grants to COUNTY the right, but not the obligation, to enter upon the
Property to monitor and enforce any term, condition, restriction, or covenant of the
Easement or to prevent or prohibit the violation of any conditions, restrictions, or
covenants of the Easement, which will or may destroy the natural and scenic
characteristics of the Property.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
By:
President, Board of Directors
Date:
State of California
County of Santa Clara ss.
On 2006, before me, a Notary
Public in and for said State, personally appeared led Cyr, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to this instrument, and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the person or the entity upon behalf of which the person acted executed the instrument.
Notary Public
• I
DESCRIPTION: Exhibit I
The land referred to herein is situated in the State of California, County of Santa Clara,
Unincorporated Area, and is described as follows:
ALL THAT LOT, PARCEL OR PIECE OF LAND IN THE STATE OF CALIFORNIA, BEING A PART OF
THE SOUTHWEST QUARTER OF SECTION 32T7SR2W MOUNT DIABLO BASE AND MERIDIAN,AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION
Y ALONG
THE EASTERLY BOUNDARY OF THE SAID SW 1/4 OF SAID
32' THENCE NORT HERL
SECTION 32 TO THE NORTHEAST COR
NER OF THE SW 1/4 OF SAID SECTION 32;THENCE
WESTERLY
ALONG
THE
NORTHERLY BOUNDARY OF THE SW 1/4 OF SECTION 32 WHICH POINT
ALSO BEARS EAST A DISTANCE OF 1718.1 FEET FROM THE N.W. CORNER OF THE SW 1/4 OF
SAID SECTION 32 (WHICH POINT ALSO BEARS EAST 50.00 FEET FROM THE POINT FORMED BY
THE INTERS
ECTION OF 1
THE NORTH BOUNDARY OF THE SW /40FSAI
D SECTION 32 WITH THE
CENTER LINE OF A RIGHT OF WAY ACROSS THE SW 1/4 OF SAID SECTION 32 GRANTED
PACIFIC GAS AND ELECTRIC COMPANY AND RECORDED IN VOL. 35 OF OFFICIAL RECORDS AT
PAGE 563 SANTA CLARA COUNTY RECORDS); THENCE S. 260 30'W. 2954.6 FEET MORE OR
LESS TO A POINT IN THE SOUTH BOUNDARY OF THE SW 1/4 OF SAID SE
CTION 32 WHICH
POINT BEARS EASTERLY A DISTANCE OF 400 FEET MEASURED ALONG THE SOUTH
BOUNDARY OF THE SW 1/4 OF THE SAID SECTION 32;THENCE EASTERLY ALONG THE SOUTH
BOUNDARY OF THE SAID SECTION 32 TO THE POINT OF BEGINNING.
SAVINGS AND EXCEPTING THEREFROM THAT CERTAIN REAL PROPERTY HERETOFORE
CONVEYED TO CHAMBERS BY DEED DATED JUNE 13, 1925 (SEE 178 OFFICIAL RECORDS PAGE
20, OF SANTA CLARA COUNTY.)
APN: 351-16-014
1
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"The Information on this plat Is provided for your convenience as a guide to the general location of the subject property.
The accuracy of this plat is not guaranteed,nor Is It a part of any policy,report or guarantee to which It may be attached."
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RECEIVELi
MAR 17 2006
ODPENINGrSUW REGIONAL OPEC