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HomeMy WebLinkAbout1995-055 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 95-55 RESOLUTION NO. 2 RESOLUTION OF TIlE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING TIlE MAYOR TO EXECUTE ACCEPTANCE OF AND AGREEMENT TO CONDITIOOS OF A QUITCLAIM 3 DEED FROM TIlE UNITED STATES OF AMERICA TO TIlE CITY FOR CERTAIN REAL PROPERTY LOCATED WITIfIN NORTON AIR FORCE BASE FOR PUBLIC PARK AND RECREATION 4 PURPOSES. 5 BE IT RESOLVED BY TIlE MAYOR AND COMMON COUNCIL OF TIlE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION .L. That the Mayor of the Ci ty of San Bernardino is hereby authorized and directed to execute on behalf of the City of San Bernardino, acceptance of and agreement to the conditions of a Quitclaim Deed from the United States of America, for certain real property located within Norton Air Force Base, for public park and recreation purposes. A full description of the property conveyed and conditions are set forth said Quitclaim Deed, a copy of which is attached hereto as Exhibit "A" and fully incorporated by reference as though fully set forth herein. SECTION 2. The City Clerk shall file the executed Quitclaim Deed with the County Recorder's Office of the County of San Bernardino. I I I I I I I I I I I I / I I I I I I I I I I I I I I I I I I I I I I I 02/09/95 ~ 1'" ~ 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 RESOLUTION AUTIfORIZING AND DIRECTION EXECUI'ION .OF ACCEPTANCE OF A QUITCLAIM DEED AND AGREEMENT FROM TIlE UNITED STATES OF AMERICA FOR REAL PROPERTY LOCATED WITIfIN NORTON AIR FORCE BASEo I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common eounc1 I of the City of San Bernardino at a regular meeting thereof held on the 6th/8th day of March , 19~, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x DEVLIN x POPE-LUDLAM x MILLER x -kt~ ~ The foregoing resolution is hereby approved this 9th March , 19J~ day of . /\' ~. I!/' *' /j ~I'"':\ !I {':/',r/\ j ,'... '- f '" '_ ".,......... "- roM NOR, Mayor City of San Bernardino if f\ I (}IE. ---F .., /'( tel,.. / Approved as to form and legal content: Note: By acceptance of and agreement to the conditions f the deed, the City becomes liable for all lead based pai hazards. We are informed that the hazards are few and be mitigated rather easily. JAMES F. PENMAN, Ci ty Attorney 1. 0- L IwZ: {3;; c:u~/75__ ~t cZ~ t:'/"-,,.-?.....:t -(, .t5L c~.:.L."" '7 ,L.t.. &,,--:;'.4': ['-1 {..z..-<.-<_, j;7":"'.&'4/" peL( ,~>-L./ ~=...,.I' r~J JUJ~ . We. C-.... ,<.:../~;:d..1 ~ LJ4.J.~ ~'...., / d J~'.'" /L.....{ I'j k ~/ ~-a, ~"":'5. /r.; 2 02-09-95 I 9G-OS237fj Parcel G-l, Norton Air Force Base San Bernardino County, California 9-D-CA-OS67 MGl QUITCLAIM DEED THE UNITED STATES OF AMERICA, acting by and through the Secretary of the Interior, acting by and through the Director, National Park Service, under and pursuant to the power and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat. 337), as amended, and particularly as amended by Public Law 485, 9Ist Congress, and regulations and orders promulgated thereunder (hereinafter designated "Grantor"), for and in consideration of the perpetual use of the hereinafter described premises as and for public park and public recreation area purposes, by the City of San Bernardino (hereinafter designated "Grantee"), does hereby release and quitclaim to Grantee, and to its successors and assigns, all Grantor's right, title and interest in and to the following described property located in San Bernardino County, California and consisting of approximately 7.454 acres: In the City of San Bernardino, County of San Bernardino, State of California, being portions of blocks 45, 46, 47, 48, 49, 50, 67, 68, 69, and 70, of the Rancho San Bernardino, as per plat recorded in Book 7 of Maps, page 2, records of said County together with portions of vacated streets and alleys lying within and adjacent to said blocks, described as follows: Parcel G-1: Beginning at the intersection of the centerline of Del Rosa Avenue South with the south line of 3rd Street: thence S89045'08"W 60.00 feet to the west line of Del Rosa Avenue South; Thence S00055'35"E along said west line 365.03, feet to the true point of beginning, said point being the northeast corner of Parcel G- 1; thence S00055'35"E along said west line 360.63 feet to the north line of "G" Street; thence along said north line S89000' 41 "W 888.49 feet, thence NOO'14'52"W 372.09 feet, thence N89'4S'08"E 884.14 feet to the true point of beginning. Containing 7.454 acres, more or less. To Have and to Hold the hereinbefore described property, subj ect to the reservations, exceptions, restrictions, conditions, and covenants herein expressed and set forth unto the Grantee, its successors and assigns, forever. The hereinbefore described property is granted by the Grantor to the Grantee subject to any and all existing easements for streets, utility systems, rights-of-way, railroads, pipelines, and/or covenants, restrictions, reservations, conditions, and agreements recorded or unrecorded which now exist affecting the foregoing described premises. The Grantor expressly excepts and reserves all oil, gas, and mineral rights and deposits in said land, including sand and gravel resources, to the Grantor or to such person(s) as may be authorized by the Grantor to prospect, mine, and remove such deposi ts from the hereinbefore described property under applicable laws. Pursuant to authority contained in the Federal Property and Administrative Services Act of 1949, as amended, and applicable rules, regulations, and orders promulgated thereunder, the Department of the Air Force determined the property to be surplus to the needs of the United States of America and assigned the property to the Department of the Interior for conveyance to the Grantee. It is Agreed and Understood by and between the Grantor and Grantee, and the Grantee by its acceptance of this deed, does acknowledge its understanding of the agreement, and does covenant and agree for itself, and its successors and assigns, forever, as follows: 1. This property shall be used and maintained for the public purposes for which it was conveyed in perpetuity as set forth in the program of utilization and plan contained in the application, submitted by the Grantee on October 20, 1992, which program and plan may be amended from time to time at the written request of either the Grantor or Grantee, with the written concurrence of the other party, and such amendments will be added to and become a part of the original application. \ "..) 9;J-08237fi 2 2. The Grantee shall, within 6 months of the date of the deed of conveyance, erect and maintain a permanent sign or marker near the point of principal access to the conveyed area indicating that the property is a park or recreation area and has been acquired from the Federal Government for use by the general public. 3. The property shall not be sold, leased, assigned or otherwise disposed of except to another eligible governmental agency that the Secretary of the Interior agrees in writing can assure the continued use and maintenance of the property for public park or public recreational purposes subject to the same terms and conditions in the original instrument of conveyance. However, nothing in this provision shall preclude the Grantee from providing related recreational facilities and services compatible with the approved application, through concession agreements entered into with third parties, provided prior concurrence to such agreements is obtained in writing from the Secretary of the Interior. 4. From the date of this conveyance, the Grantee, its successors and assigns, shall submit biennial reports to the Secretary of the Interior, setting forth the use made of the property during the preceding two-year period, and other pertinent data establishing its continuous use for the purposes set forth above, for ten consecutive reports and as further determined by the Secretary of the Intericr. 5. As part of the consideration for this Deed, the Grantee covenants and agrees for itself, its successors and assigns, that: (l) the program for or in connection with which this Deed is made will be conducted in compliance with, and the Grantee, its successors and assigns, will comply with all requirements imposed by or pursuant to the regulations of the Department of the Interior as in effect on the date of this Deed (43 C.F.R. Part 17) issued under the provisions of Title VI of the Civil Rights Act of 1964i (2) this covenant shall be subject in all respects to the provisions of said regulations; (3) the Grantee, its successors and assigns, will promptly take and continue to take such action as may be necessary to effectuate this covenant; (4) the United States shall have the right to seek judicial enforcement of this covenant; {S} the Grantee, its successors and assigns, will (al obtain from each other person (any legal entity) who, through contractual or other arrangements with the Grantee, its successors or assigns, is authorized to provide services or benefits under said program, a written agreement pursuant to which such other person shall, with respect to the services or benefits which he is authorized to provide, undertake for himself the same obligations as those imposed upon the Grantee, its successors and assigns, by this covenant, and (bl furnish a copy of such agreement to the Secretary of the Interior or his successor; (6) this covenant shall run with the land hereby conveyed, and shall in any event, without regard to technical classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and equity for the benefit of, and in favor of the Grantor and enforceable by the Grantor against the Grantee, its successors and assigns; and (7) the Grantor expressly reserves a right of access to, and entrance upon, the above described property in order to determine compliance with the terms of this conveyance. 6. The Grantee further agrees to comply with the requirements of Public Law 90-480 (82 Stat. 718) the Architectural Barriers Act of 1968 as amended by Public Law 91-205 of 1970 (84 Stat. 49) to assure that facilities developed on this property are accessible to the physically handicappedi and, further assure in accordance with Public Law 93-112, the Rehabilitation Act of 1973 (87 Stat. 394) that no otherwise qualified handicapped individual shall solely by reasons of his handicap be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity in effect on this propertYi and agrees to comply with the provisions of Title III of the Age Discrimination Act of 1975, as amended (Public Law 94- 135; 45 C.F.R. Part 90) prohibiting discrimination on the basis of age in programs and activities conducted on this property. .., ~,. i; .- ':;") 9:)-08237t; 3 7. The Grantee further agrees to comply, where applicable, with the provisions of the Flood Disaster Protection Act of 1973 (87 Stat. 975) and the National Flood Insurance Act of 1968 (42 U.S.C. 4102). 8. The Grantee covenants and agrees, on behalf of it, its successors and assigns, to indemnify and hold harmless the united States, its agents, and employees against any and all loss, damage, claim, or liability whatsoever, due to the Grantee's use or occupancy of the property, or any other act or omission of the Grantee, including failure to comply with the obligations of this transfer. 9. Grantee covenants and agrees, on behalf of itself, its successors and assigns, that in its use and occupancy of the property it will comply with all Federal, State, and local laws relating to asbestos; and that Grantor assumes no liability for damages for personal injury, illness, disability or death, to the Grantee, or to Grantee's successors, assigns, employees, invitees, or any other person subject to the control or direction of Grantee, its successors or assigns, or to any other person, including members of the general public, arising from or incident to the purchase, transportation, removal, handling, use, disposition, or other activity causing or leading to contact of any kind whatsoever with asbestos on the property described in this deed, whether the Grantee, its successors or assigns, have properlY warned or failed properlY to warn the individual (s) injured. 10. Grantee acknowledges that the herein described property includes improvements that are duly presumed to contain lead- based paint because they are thought or known to have been constructed before 1978. Grantee further acknowledges that it is aware that high concentrations of lead in the body can damage body organs and cause blindness and even death and that lead is especiallY hazardous to children of less than seven (7) years of age. Accordingly, Grantee hereby covenants and agrees to take all actions set out in paragraphS 1 through 6 below. a. The Grantee shall remove all lead-based paint hazards and all potential lead-based paint hazards from the property and Grantee shall certify to Grantor and the Grantor shall determine, through its inspection (or at its discretion, the inspection and certification of a local government official) that all lead-based paint hazards have been removed from the property in accordance with Title 24 CFR 35.24 (b) (ii) prior to the use of the property for residential habitation or use of the property by children under seven (7) years of age. b. The Grantee understands and agrees that the Grantor's inspection and finding of satisfactory performance is not intended to and does not constitute a guarantee that all lead-based paint hazards and potential lead-based paint hazards have been eliminated from the property and does not relieve the Grantee of the responsibility for complying with applicable State and local lead-based paint laws and regulations. c. The Grantee agrees to indemnify the Grantor from any liability arising by reason of the Grantee's failure to perform its obligations under this agreement with respect to elimination of immediate lead-based paint health hazards, the prohibition against the use of lead-based paint, and the Grantee's responsibility for complying with applicable State and local lead-based paint laws and regulations. d. To the fullest extent permitted by law and equity, these covenants shall be binding for the benefit and in favor of and be enforceable by the Grantor and by its successors in office. The Grantor and its successors in office shall be entitled to institute legal action to enforce performance and observance of these covenants, enjoin acts which are violative of these covenants, and exercise any other legal or equitable right or remedy with respect to these covenants. These rights and remedies may be exercised separately or in combination. ~ ,'1,.-' . '-.,. ,.", 9::i-08237fi 4 e. Following compliance with the covenants set forth in lO.a. above, upon request of the Grantee, its successors and assigns, the Grantor shall execute a recordable document acknowledging that these covenants have been terminated and are of no further force or effect. f. If the Grantee fails to comply with lO.a. above, the Grantor will not exercise the rights reserved in lO.d. above, if any lender secured by the property gives written notice to the Government that it intends to complete the rehabilitation required by 10.a. above, and completes such rehabilitation within thirty (30) days from the date of the notice, or within such longer period as the Grantor may approve in writing. 11. Grantor reserves a right of access to any and all portions of the herein described property for purposes of environmental investigation, remediation, or other corrective action. This reservation includes the right of access to and use of, to the extent permitted by law, available utilities at a reasonable cost to the Grantor. These rights shall be exercisable in any case in which a remedial action, response action, or corrective action is found to be necessary after the date of conveyance of the herein described property, or such access is necessary to carry out a remedial action, response action or corrective action on adjoining property. Pursuant to this reservation, the United States {including but not limited to, Region IX, United States Environmental Protection Agency (EPA)), and the State of California, and their respective officers, agents, employees, contractors, and subcontractors shall have the right (upon reasonable notice to Grantee or the then owner and any authorized occupant of the property) to enter upon the herein described property and conduct investigations and surveys, to include drillings, testpitting, borings, data and record compilation, and other activities related to environmental investigation, and to carry out remedial or removal actions as required or necessary under applicable authorities, including but not limited to monitoring wells, pumping wells, and treatment facilities. 12. In the event that there is a breach of any of the conditions and covenants herein contained by the Grantee, its successors and assigns, whether caused by the legal or other inability of the Grantee, its successors and assigns, to perform said conditions and covenants, or otherwise, all right, title, and interest in and to the said premises shall revert to and become the property of the Grantor at its option which in addition to all other remedies for such breach shall have the right of entry upon said premises, and the Grantee, its successors and assigns, shall forfeit all right, title and interest in said premises and in any and all of the tenements, hereditaments and appurtenances thereunto belonging; provided, however, that the failure of the Secretary of the Department of the Interior to require in anyone or more instances complete performance of any of the conditions or covenants shall not be construed as a waiver or relinquishment of such future performance, but the obligation of the Grantee, its successors and assigns, with respect to such future performance shall continue in full force and effect. 13. The Grantee, by its acceptance of this deed, covenants and agrees for itself, and its successors and assigns, that in the event the Grantor exercises its option to revert all right, title, and interest in the property to the Grantor, or the Grantee voluntarily returns title to the property in lieu of a reverter, then the Grantee shall provide protection to and maintenance of said property at all times until such time as the title is actually reverted or returned to and accepted by the Grantor, including the period of any notice of intent to revert. Such protection and maintenance shall, at a minimum, conform to the standards prescribed by the General Services Administration in its regulations FPMR 101-47.4913 (41 CFR Part 101) in effect as of the date of this deed. 4 ,-1.~ ~<'~:~ IN WITNESS WHEREOF, Pf its name . 1995. 9;;-08237ti the Grantor has caused these presents to be and on its behalf on this the }q day of UNITED STATES OF AMERICA Acting by and through the Secretary of the Interior By Raymond Acting National ark Service Western Region tor 5 j ~S~8237t; COUNTY OF SAN FRANCISCO 55. STATE OF CALIFORNIA On this \ C\ day of " A\'..\ v.-If\ ~'-I , 1995, before me, \~ A\A 'F- ~ \) 'i\ 0 \1-\ 'v. 'D \) \ i"..\ Notary pub'lic, personally appeared Raymond I. Murray proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted executed the instrument. WITNESS my hand and official seal. ~. C/'v.. ~A c~ NOTARY PUBLIC \1--0-~ ~~ ' 'l@ NAHEED MDHIUDDIN 1 o ~ COMM. "75185 ~ a: ;... - Notary pubno-Callfomla 0 (J) 1;1;, ,SAN FRANCISCO COUNTY! j . ' My Comm. Exp.OCT. 12, 1996 The foregoing conveyance is hereby accepted and the undersigned agrees, by this acceptance, to assume and be bound by all the obligations, conditions, covenants, and agreements therein contained. City of San Bernardino ~f'JJ11- /i1/t,~ / Name Approved as to form and legal content: James F. Penman City Attorney by: (L~9. ~~ U f""- "J<&: " Z ~ f ~. 17/ to 95- 55 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT 9;,-08237f. . . State of California County of C:;~n 1=''r~n,..1~,..n On \ I I q I y': before me, Ne-\A -e-e r~ \1 o~<v..Jlk I." - . , OII.TE NAME. TITLE OF OFFICER. E.G., "JANE DOE. NOTARY PUBliC' personally appeared 't.- 1\,\ \\0 M \J \ ' \'::\ u.. II. \~ Y1 'i NAMEtS) OF SIGNER(Sl o personally known to me . OR . e:J proved to me on the basis of satisfactory evidence to be the person(o/) whose name(r' is/a-te' subscribed to the within instrument and ac- knowledged to me that he/sbe/tR6Y executed the same In his/her/tMeir authorized capacity(ie.s), and that by his/her/their signature(.s} on the instrument the person(.s+; or the entity upon behalf of which the l@ "'"'ED MOHruODIN i person)J1. acted, executed the instrument (I)' . -. . COMM. 1/975185 :u . '1 · Notary Pub Dc-California 01 WITNESS my hand and official seal. SAN FRANCISCO COUNT~f My Commo ExpoOCT. 12, 1896 -<:'~0G Ii ~ v.e~ ~cA^ SlGNA,TURE OF NOhRY OPTIONAL ., Though \hI data billow II not rllqulred by law, It may prove valuable to persons relying on the documenl and could prevent fraudulent reattachment 01 lhillonn. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 13 INDIVIDUAL o CORPORATE OFFICER n~\ ^ A -\-c\ ~ \:)~ TITLE OR TYPE OF DOCUMENT TrlU(II o PARTNER(S) o UMrrED (, o GENERAL o ATTORNEY.IN.FACT . NUMBER OF PAGES o TRUSTEE(S) o GUARDIANlCONSERVAT~ t:}<OTHER: . ~I - ""'\ . "-- q , l~ CJ.. '> ~ ~cJ ~E OF DOCUMENT SIGNER IS REPRESENTING: ...... 0# .ERSON(S) OIl EHmYl1U) N Cl'^- ~ c::- r _l~ r SIGNER(S) OTHER THAN NAMED ABOVE .. NO. ~907 7 L ' United States Department of the Interior NATIONAL PARK SERVICE Pacific Great Basin System Support Office 600 Harrison Street. Suite 600 San Francisco. California 94107-1372 2400 (WR-RG) DEe {j~: tdG Mro John A. Kramer Superintendent of Recreation Department of Parks, Recreation and community Services City of San Bernardino 547 North Sierra Way San Bernardino, California 92419 Dear Mr. Kramer: This is a courtesy reminder that the biennial compliance report is due in this office on January 19, 1997, for the former Federal property: Parcel G-l, Norton Air Force Base, San Bernardino, GSA No. D-CA-567MGl. It will suffice to submit in letter form a information listed on the enclosed sheet. improvements or conditions at the property report containing the Photos of recent would be appreciated. Sincerely, /}~~7 /-~xr-v.7 l// i/ Pete Sly ,l~anager Federal lands to Parks Program Pacific Great Basin System Support Office Enclosure . 4, ~ Biennial Compliance Report .. Biennial compliance reports should contain the fOllCMing infonnation: (1) A statement that the property is receiving public use and is being developed in accordance with the tenns of the program of utilization and other subsequently approved plans (include estimates of hCM many people vis it the property each year, what percentage of the development has been completed, and what month and year you expect the development of the property to be completed); (2) Any proposed modifications to the program of utilization; (3) A description of developments and improvements made during the two-year reporting period (include cost of development and operation and maintenance); (4) A list of improvements budgeted or proposed for the next biennium (include estimated costs and time schedules); (5) Special overuse or vandalism problems; (6) If the property was acquired on or after January 1, 1971, the report must include a statement that a pennanent sign has been erected and maintained near the point of principal access to the conveyed area indicating that the property is a park or recreation area and has been acquired from the Federal government for use by the general public; and (7) Indication of whether the deed's nondiscriminatory clause is in effect. A certification statement for revenues generated on the . property (such as the following): I hereby certify that all revenues generated on the property were used for development, maintenance, or operational purposes on the subject property or other lands owned/administered by the recipient, and that no revenues were generated for or expended for non- recreation purposes. ~ "..... CITY OF (, )-c San Bernardino PARKS, RECREATION. COMMUNITY SERVICES DEPARTMENT ANNIE F RAMOS. DIRECTOR January 13, 1997 Joan Chaplick Federal Lands to Parks Program National Park Service 600 Harrison Street, Suite 600 San &IIJiUdino, CA 94107-1227 F-\(,~.-t.:\-.'- ~;: Dear Mr. Sly: The City of San Bernardino Parks, Recreation and Community Services Department is pleased to report the progress that has been made in the development of the properties of the former Norton Air Force Base that were received as a public benefit transfer. The properties that were received through a quit claim deed effective January, 1995 consists of approximately 7.454 acres and includes the Galaxy Recreation Center (Building No. 178), swimming pool (2353, 181, 180, 179), gymnasium (182) and tennis courts (2366, 2317). I am pleased to report that the annual visitation at these facilities is estimated at 75,000. Following is a summary of the development and use of these facilities. 1. Public Use Statement Gymnasium - The gymnasium has received several improvements to bring the building to code. These include installation of a fife sprinkler system, installation of fire alarm system and roof repairs. Additionally, an intrusion alarm has been installed and other minor repairs have been completed to make the building usable. These include repair to plumbing, electrical, scoreboards, etc. Additional planned improvements to this facility include connection to standard utility services and abandonment of the old Air Force infrastructure. Electrical and gas line connections are in progress and expected to be completed by February I, 1997. - I - :)47 N SIERilA WAY SAN BERN^ffDINO C"[ICan"":A 0;:'410 .1816 (101)384-5233 r The facility has been open for use since July, 1996. Uses of this facility include fitness programs, and adult and youth basketball leagues and drop-in play. These programs are offered directly by the City through the Parks, Recreation and Community Services Department and through a shared use arrangement with San Bernardino County Juvenile Probation. Galaxy Recreation Center - This facility received significant improvements and repair to bring it up to code and make it habitable. Improvements and repairs include roof repair, new carpeting, new ceiling tile, interior remodeling, plumbing repair, placement of parquet dance floor in grand ballroom, replacement of drapes with blinds, and installation of fife alarm and intrusion alarm systems. Additional planned improvements include connection to standard utility services. Even though the building is occupied, it doesn't have any heat. Connection to gas and electrical services are expected to be completed by February 1, 1997. Additional improvements expected include replacement of commercial kitchen appliances and fIre suppression equipment and installation of chandeliers and sound and lighting equipment in the grand ballroom. The Galaxy Center has been in use since July, 1996. Uses include grand ballroom events such as youth and senior dances, youth counseling and alternative schools programming. The latter is being accomplished through a partnership arrangement between the City and San Bernardino County Juvenile Probation. Tennis Courts - The tennis courts have been open for drop-in play since April, 1996. Wind screens and nets were repaired and re-hung for public usage. No further improvements are planned at this time. Swim Pool - Improvements to the swimming pool to prepare it for use have been deferred due to the proximity of Rudy C. Hernandez Center Swim Pool, a shortage of operating funds and the lack of natural gas service to heat showers. Requisite improvements are expected for the 1998-99 fiscal year visitation. 2. Program Utilization There are no modifications to the program of utilization. 3. Developments and Improvements Attached is a summary of developments and improvements made since June 1, 1995. 4. Proposed Improvements Following is a summary of proposed improvements for the biennial period of January 1, 1997 - December 31. 1998. - 2 - r Imorovement Estimate Schedule Gas & Electrical Connections Grand Ballroom P.A. Stage Lighting Chandeliers Purchase Tables & Chairs Galaxy Kitchen Remodel $ 30,000 4,000 2,500 2,500 25,000 10.000 Rbua1y 1, 1'H7 July 1, 1997 July I, 1997 July 1, 1997 January 1, 1998 July 1, 1998 $ 74,000 5. Special Problems Only one issue has surfaced with regard to the conveyed property. In the development of the property description, the Air Force Surveyor apparently used an existing description without conducting a field survey. In so doing, the quit claim deed misidentifies the property line on the north boundary by forty feet. The legal description, according to the existing document, would exclude the entire north portion of the exercise track as well as portions of the pool deck and lifeguard office. A solution has been worked out with the parties involved. A lot line adjustment will be done by the City Planning and Building Services Department to preserve the existing facilities. This department will be vigilant in ensuring that there is proper follow-through on this. 6. Signage Due to major work involving construction of new main line utilities and realignment and widening of the roads, the requisite sign has not been erected. This construction work is expected to be completed by spring of 1997 at which time the sign will be installed. 7. The Deed's Nondiscrimination Clause is in effect. Please feel free to contact me at (909) 384-5031 if any additional information is required. Sincerely, ecreation JAK/amt - 3 - nDl'tonIfedmlllands '. -;J NORTON AIR FORCE BASE RECREATION FACILITIES COSTS FOR ALL IMPROVEMENTS: $91.000 PROJECT DESCRIPTION: Rehabilitate buildings as listed, SCOPE: See room schedules. (below & attached) ftr_ GALAXY COMMUNITY CENTER Entrance POItIco 1. Repair and rekey entrance doors and other doors as requIred 2. Remove ClIlJl8t and clean slab 3. Remove 0Ilve Trees 4. Clean entrance 5. ' Clean Glass Restrooms 1. Clean plumbing flxtur. 2. Rehabilitate aB plumbing and faucets (replace If requfred) . 3. Rehabilitate an lighting and eleclrlcaI outlets and systems 4. Rehabilitate HVAC ductlng and vents 5. Install mlsceHaneous lavatory lixtures and dispensers 6. Palnt Lobby 1. Remove wall covering and prep walls to paint 2. Rehabilitate all lighting and elec:trlcaJ OUlIets and systems 3. Rehabilitate ceiling and replace broken ceiling tll. 4. Rehabilitate HVAC ductlng and vents 5. Install emergency lighting as required 6. MOc/emlze lire alarm system and provide Fire Suppression Certificate 7. Install security alarm system 8. Paint 9. Remove and replace carpet 10. Provide/service Fire Extinguisher per code Page 1 ,. --.----- 'i - ... United States Department of the Interior NATIONAL PARK SERVICE I'IdIic West Field ...... 600 IIorrison _ Sui.. 600 Son FlllnCisco, Calif-. 94107-1372 IN REf>L Y REFER TO, L3217(PGSO-PP) August 12, 1997 John A. Kramer City of San Bernardino Parks, Recreation, and Community Services Department 547 N. Sierra Way San Bernardino, CA 92410-4816 Subject: Biennial Report and Site Inspection - Portion offonuer Norton AFB (D-CA567-M) Dear Mr. Kramer: The National Park Service (NPS) acknowledges receipt of the first biennial report dated January 13, 1997 for the portions of the former Norton Air Force Base transferred to the City in early 1995. The report and site inspection on June 30, 1997 of the conveyed property with you raises several issues addressed in the following. County Probatiou Department Occupancy - The referenced biemlial report notes the City's partnership with San Bernardino County's Juvenile Probation Department tor the renovation and operation of Galaxy Center and Recreation Center facilities. TIle site inspection revealed a large open olllce area on the second floor, reported to be occupied counselors. The second floor is not handicapped accessible. The first floor contains three classrooms, two of which were located with the former smaller ballroom. The Galaxy Center's sign face has been replaced with sign identifying the facility as the "Juvenile Justice Center". Probation Department staff explained that the Center's purpose was to provide for intervention progranls and activities for at-risk youth. Staff further explained that the Center's programs and activities were open to all youth and were not restricted to youth Within the juvenile justice system. It was explained that the city's demographic profile places most of the conmmnity's youth at-nsk. It was also indicated that the agreement between the County and the City provide for non-exclusive use of the facilities with the Galaxy Center's ballroom being available for rental by the general public and used tor activities not associated with the Center's programs. It was explained that the gynmasium/fitness center is open for general public use during evening sessions operated by both the City recreation and the Center staff. Y 011 explained arrangements with an on-base employer which would further expand mid-day IIse. The tenus of transfer require that the City use and maintain the property for purposes described in the program of utilization contained within the City's original application. The National Park Service (NPS) tinds that the current use varies sulllciently from that described in the original application. - In accordance with the terms of transfer, NPS requests that the City submit an amended program of utilization describing the current use of the property. Please include additional demographic information which supports predominate use of the buildings on the property by the Juvenile Justice Center program. Facility Sign age - The biennial report indicates that signage required by the terms of transfer would be installed by the spring of 1997. The only sign observed on the property is that identifying the facility as the "Juvenile Justice Center". This sign does not comply with the deed stipulations, which require that signs identify the buildings as recreation facilities acquired from the federal government and available for general public use. The City is requested to install required signage at the main entrance to each of the two facilities, identifying the City as the managing agency. Following installation, please provide photographs of the required signs. City/County Agreement - The bielUlial report indicates a partnership arrangement between the City and the County Juvenile Probation Department. During the site visit, it was reported that City and County had entered into a fomlal agreement for the renovation, use, and occupancy of the Galaxy Center and gynU1asiumlfitness center. The temlS of transfer pemlits the City to enter into concession agreements, Iisences, or special use pemlits with other parties for the use of facilities consistent with an approved application provided that prior concurrence is provided by NPS. NPS has no record of prior review of an agreement for the occupancy or use of the conveyed facilities. The City is requested to provide a copy of any agreement for the occupancy of the buildings by the County Juvenile Probation Department for NPS review. During the site visit you provided me with copies of a survey which remedies an inaccurate property description contained within the deed. NPS understands that as a result of the survey, the Inland Valley Development Corporation, the adjoining property owner, has conveyed an additional strip of land to the City. A copy of a street improvement plan for Art Townsend Drive, the adjoining road providing access to the property was also provided during the site inspection. NPS understands that this project will result in the loss of some of the parking spaces serving the conveyed facilities. We conclude, however, that the lost parking area is not contained within the conveyed property. We request the submission of the requested information not later than September 15, 1997. If you have any questions regarding the three items requested in this letter, please do not hesitate to contact me at (415) 427-1445. k~ Westem Region Coordinator Federal Lands-to-Parks Program ~ " "". . Pacific Great Basin Support Office 600 Harrison Street, Suite 600 San Francisco, California 94107.1372 United States Department of the Interior NATIONAL PARK SERVICE IN REPLY REFER TO. FLPP (CA 567MGl) January 5,1999 Mr. John A. Krammer City of San Bernandino Parks, ReCreation, and Community Services Dept. 547 Sierra Way San Bernardino, CA 92410 Subject: Biennial Report - Parcel G-l, Norton Air Force Base (CA 567MG I) Dear Mr. Krammer: The deed transferring the subject property on January 19, 1995 requires the submission of biennial reports regarding the use of the land subject to a public benefit conveyance for park and recreation use. The National Park Service requests your assistance in meeting the requirements of the deed condition by completing the enclosed report form or reply with a letter containing the requested information. You are encouraged to forward photographs or other documents related to the requested information. Please forward the report to my attention within thirty days of the date of this letter. Thank you for your cooperation in this regard. !fyou have any questions regarding this request or other terms of the property's transfer, please do not hesitate to contact me at (415) 427-1445, Sincerely, : /'1 ",.--:7 UI .' ~41 , /. /J.~, /I~',/~.-/:-z.'f~' / G:r;~nsterman Pacific West Region Coordinator Federal Lands to Parks Program enclosure ... United States Department of the Interior NATIONAL PARK SERVICE Pacific Great Basin Support Office 600 Harrison Street, Suite 600 San Francisco. California 94107-1372 IN REPl Y REFER TO: L3217(PGSO/PP) February 18, 1999 Mr. John A, Krammer City of San Bernandino Parks, Recreation, and Community Services Dept. 547 Sierra Way San Bernardino, CA 92410 Subject: Biennial Report - Galaxy Recreation/Community Center (CA 567MG I) Dear Mr. Krammer: The National Park Service (NPS) is in receipt of your recent biennial report on the subject property. Thank you for your timely submission of the report in accordance with the requirements of the deed of conveyance and your efforts towards assuring the property's continued use for park and recreation purposes. We are pleased to learn of continuing improvements to the property as demonstrated by the photographs enclosed with the report. The City's partnership efforts have an apparent positive effect on both the use and improvement of the property. If you have any additional questions regarding the terms of the property's transfer or the Federal Lands to Parks Program, please do not hesitate to contact me at (415) 427-1445. Sincerely, v) Jt~ J~ ~- Gary sterman Pacific est Region Coordinator Federal Lands to Parks Program 4 AGREEMENT TO MODIFY Between the City of San Bernardino Parks, Recreation and Community Services Department and the County of San Bernardino Probation Department for use of the Galaxy Recreation Center and Gymnasium. The City of San Bernardino Parks, Recreation and Community Services Department and the County of San Bernardino Probation Department agree to operate in good faith to insure utilization of the facility as much as possible, regardless of which agency has "use and control." References: County Contract 96-133; City Resolution 96-25. The above named parties have met and mutually agree to the modifications listed below. Modifications are effective the date of signing by both parties and supersedes any previous use agreement. GALAXY GRAND BALLROOM County shall have use and control of the Galaxy Grand Ballroom, 6:00 am. Mondays through I :00 p.m. Fridays, City shall have use and control of the Galaxy Grand Ballroom from I :00 p.m. Fridays to 6:00 a,m. Mondays. GYMNASIUMlRACQUETBALL COURTSIFITNESS AREA County shall have use and control of the gymnasium Tuesdays, Wednesdays and Thursdays from 6:00 a.m. to 10:00 p.m. and 6:00 a.m. to 8:00 a.m. Mondays and Fridays except as indicated below. The County has use and control and agrees to accommodate City use of the gymnasium, racquetball courts and fitness area from 11 :30 a.m. to I :30 p.m. during its use period, Tuesdays through Thursdays for contracted and in-house fitness programs as County's schedule allows. County agrees to advise City five (5) days in advance when use is not available. City shall have use and control of gymnasium Mondays and Fridays, 8:00 a.m. to 10:00 p.m., and all day Saturdays and Sundays. County shall have use and control of the fitness area Tuesdays, Wednesdays and Thursdays, 6:00 a,rn. to 10:00 p.m. and 6:00 a.m. to 10:00 a,m. on Saturday, City shall have use and control of the fitness area on Mondays and Fridays, 8:00 a.m, to 10:00 p.rn" 10:00 a.m. to 10:00 p.m. Saturdays, and all day Sundays. National Park Service Federal Lands to Parks Program Biennial Report Federal Facility Name: Park Name: Acreage Transferred: For the Period: Parcel G-I. Norton Air Force Base (CA 567MG I) Galaxy Recreation/Community Center 7.454 January 19, 1997 to January 19. 1999 I, Describe any changes in the pattern of recreation use or management occurring over the reporting period. There have been no changes in the pattern of use or management over the reporting period. 2, The approved program of utilization (POU) provides for the following summary of uses and activities; Alternate school site, group and individual use of indoor and outdoor facilities, public field house and fitness center, Please identify any additional or different uses or activities which you are currently managing or anticipate undertaking on the property, The deed of conveyance requires the National Park Service (NPS) approval of any amendment of the POU, Additional details may be attached to the report. There are no changes to the program of utilization as summarized above. 3. The deed requires NPS approval of licenses, use or concession agreements and penn its with entities engaged in the operation or implementation of the POU on the subject property. NPS has records of approvals of the following agreements; Agreement with County Juvenille Probation Department for the use and rennovation of facilities through 2/03 with one 3 year extension and Friends of San Bernandino Park, Inc, for the operation of community center kitchen and ballroom approved on 12/31/97.. (fyou have other active agreements, please indicate the name, purpose, and effective dates and provide a copy for NPS review. The agreements listed above are the only agreements in place relative to lqese facilities. 4. What is the annual average level of visitation on the property':' Annual average visitation is 64,000. 5, Generally itemize expenditures for capital improvements on the property for the prior two fiscal years. electrical infrastructure $32,000 6. Identify expenditures for operations and maintenance within the park for the prior two fiscal years. Expenditures for maintenance and operations for the last two fiscal years was $445,534. Galaxy RecreationiCc unity Center Biennial Report Page 2 7. Describe capital improvements programmed for construction over the next reporting period. - Roof repair $25,000 - Landscape renovation $65,483. 8. Please describe any special overuse or management problems occurring on the property. None 9. Provide for the following certifications; The undersigned authorized official certifies that subject property is available for public use without discrimination in accordance with the requirements of Title VI of the Civil Rights Act of 1964 and applicable implementing regulations of the Department of Interior. It is further certified that all revenues generated by the subject property are used for operations, maintenance, or improvements to the subject property or other park and recreation facilities, N~~ :2.-11' If'f Date Please return this report following completion to: Gary Munstennan National Park Service 600 Harrison Street, Suite 600 San Francisco, CA 94107-1372 FAX (415) 744-4043