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1 , RESOLUTION NO. / /)2 'if </
2, A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING CERTAIN AMENDMENTS TO THE "JOINT
3~ EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE COUNTY OF SAN BERNARDINO CREATING THE SAN BERNARDINO
4 PUBLIC SAFETY AUTHORITY" AND ORDERING THE EXECUTION THEREOF.
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51 WHEREAS, there is in existence the San Bernardino Public
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61 Safety Authority ("Authority") which was created by that certain
7! Agreement entitled "Joint Exercise of Powers Agreement Between
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81 the City of San Bernardino and the County of San Bernardino
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91 Creating the San Bernardino Public Safety Authority" ("Agreement");
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101 and
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11: WHEREAS, the City and County deem it necessary and desir-
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1~ able to amend said Agreement so that said Authority can ~ssist
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in the financing of certain sanitary sewer facilities; and
WHEREAS, the amendments to said Agreement necessary to
accomplish the same are set forth in italics on the draft which
is attached hereto;
,
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Conunon
Council of the City of San Bernardino as follows:
SECTION 1. That it is necessary and desirable that the
"Joint Exercise of Powers Agreement Between the City of San Ber-
nardino and the County of San Bernardino Creating the San Bernar-
dino Public Safety Authority" ("Agreement") be amended as shown
by the italicized portions of the draft of said Agreement attach-
ed hereto, marked Exhibit "A" and incorporated herein as fully
as though set forth at length.
SECTION 2. That said amendments to said Agreement, as sho~n
in italics, are hereby approved, and the Mayor of the City is
hereby authorized and directed to execute said Agreement as
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amended in the form and manner shown on the signature page attach-
ed thereto.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Conunon Council of the City of San Ber-
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vote, to wit:
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day of (/./-"ru
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meeting thereof, held
, 1970 by the following
AYES: Councilmen
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ABSENT: ~h?/': j'~Y>h./Y7 , ~ <":/'../'h-"'~
The foregoing
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resolution is hereby approved this .2 ",,/J.
, 1970.
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15: Approved as to form:
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FILED
JUN ~ 1970
?;,~OFORTH. C~~.:_
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5/18/70
JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE
CIlY OF SAN BERNARDINO AND THE COUNlY OF SAN BERNARDINO
CREATING THE SAN BERNARDINO PUBLIC SAFElY AUTHORIlY
THIS AGREEMENT, dated for convenience as of April I, 1968, and as subsequently amended', by
and between CITY OF SAN BERNARDINO, a municipal corporation of the State of California (hereinafter
referred to as "City") and the COUNTY OF SAN BERNARDINO, a body corporate and politic of the State
of California (hereinafter referred. to as "County");
WITNESSETH
WHEREAS, the City and the County are each empowered by law to acquire a site or sites for and
to acquire, construct, maintain, operate and lease public safety buildings (herein sometimes referred to
as "Detention Facilities") for the detention and incarceration of prisoners, both adult and juvenile, of
the City and County, including prisoner housing, interrogation, assembly, training and subsidiary areas,
together with any other buildings with facilities and appurtenances necessary or convenient therefor; and
WHEREAS, the City and the County are of the opinion that there should be acquired or constructed
within the County facilities for the foregoing purposes; and
WHEREAS, the City and the County are each empowered by law to acquire a site or sites for and
to acquire, construct, maintain, operate and lease sanitary sewer facilities, including, but not limited to,
sanitary sewage treatment plants and such other sanitary sewerage facilities as may be necessary in
connection therewith; and
WHEREAS, a fudgment of the Superior Court of the County of Riverside in the case of West. Mun.
Water Dist. of Riverside County, et ai, vs. East San Bernardino Co. Water Dist., No. 74726, requires the
City to discharge at least 16,000 acre feet of sewage effiuent each year of a quality that meets the
standards of the judgment in effect on December 31, 1968, and the requirements of the Santa Ana
River Regional Water Quality Control Board; and
WHEREAS, Division 7 of the Water Code of the State of California (commencing with Section
13,000), imposes high water discharge requirements and stringent procedures and penalties relating
thereto which will be administered by the regional water quality control boards; and
WHEREAS, the City has agreements with the East San Bernardino County Water District, the
United States of America (as to Norton Air Force Base) and the County (as to the Lama Linda
Sanitation District), by which the City treats and discharges large quantities of sewage from both
incorporated and unincorporated areas in and surrounding the City; and
WHEREAS, the County Health Officer and the City Health Officer, have determined that an imme-
diate health hazard exists with respect to sewage; and
WHEREAS, said facilities will serve and be of benefit to both the inhabitants of the City and of the
County;
Now, THEREFORE, the City and the County, for and in consideration of the mutual promises and
agreements herein contained do agree as follows:
* Amendments to the original Agreement are shown in italics.
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Section 1. Pnrpuse.
This Agreement is made pursuant to the provisions of Article I, Chapter 5, Division 7, Title I
of the Government Code of the State of California (commencing with Section 6500, hereinafter called
"Act") relating to the joint exercise of powers common to public agencies, in this case being the City
and the County. The City and County each possess the powers referred to in the recitals hereof. The
purpose of this Agreement is to exercise such powers by: (1) acquiring a site or sites for and acqniring,
constructing, maintaining, operating and leasing public safety buildings for the detention and incarceration
of prisoners, both adult and juvenile, of the City and County, includiug prisoner housing interrogation
assembly, training and subsidiary areas, together with any other buildings with facilities aud appurtenances
necessary or convenient therefor as well as the construction, repair, surfacing Of resurfacing of any
roads and roadways necessary or convenient to provide access to any of the facilities (said site or
sites and said buildings with said facilities and appurtenances are herein referred to as "Site" and
"Building" respectively and are collectively referred to as "Detention Facilities Project"), and (2)
acquiring a site or sites for and acquiring, constructing, maintaining, operating, and leasing sanitary
sewer facilities, including, but not limited to, sanitary sewage treatment plants and such other sanitary
sewerage facilities as may be necessary in connection therewith (said site or sites and said facilities are
herein referred to as "Site" and "Facilities" respectively and are collectively referred to as "Sewage
Treatment Plant Project"). Such purpose will be accomplished and said common powers exercised in
the manner hereinafter set forth.
Seetion 2. Term.
This Agreement shall become effective as of the date hereof and shall continue in full force and
effect until such time as all revenue bonds herein provided for and issued pursuant thereto and the
interest thereon shall have been paid in full or adequate provision for such payment shall have been
made as set forth in the proceedings for the issuance thereof or for a period of fifty (50) years, whichever
first shall occur.
Section 3, Authority.
A. CREATION OF AUTHORITY.
Pursuant to Section 6506 of the Act, there is hereby created a public entity to be known as
"San Bernardino Public Safety Authority" (hereinafter referred to as "Authority"), and said Authority
shall be a public entity separate and apart from the City and the County. Its debts, liabilities and
obligations do not constitute debts, liabilities or obligations of any party to the agreement.
B. GOVERNING BOARD.
The Authority shall be administered by a governing board of three (3) members, each serving
in their individual capacities as members of the governing board. One (I) member shall be appointed
by the City Council of City, and two (2) members shall be appointed by the Board of Supervisors
of County. Such governing board shall be called the "Governing Board of the San Bernardino Public
Safety Authority". All voting power shall reside in the governing board. All members of the governing
board are to be electors of the County.
Members of the governing board shall serve fcr a four (4) year term; provided, however, initial
appointments shall be for a staggered period to assure continuity as follows: the City Council of City
shall appoint its initial member for a two (2) year term. The Board of Supervisors of County shall
appoint one of its initial members for a two year term and the other for a four (4) year term. The
initial term of all members shall be deemed to commence on March 1, 1968. Members of the board
shall serve at the pleasure of the appointing body and until their respective successors are appointed
and qualified.
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C. MEETINGS OF GOVERNING BOARD.
( 1) Regular Meetings.
The governing board of the Authority shall provide for its regular meetings; provided, however,
it shall hold at least one regular meeting each year. The date, hour and place of the holding of the
regular meetings shall be fixed by resolution of the governing board and a copy of such resolution
shall be filed with each party hereto.
(2) Ralph M. Brown Act.
All meetings of the governing board of the Authority, including, without limitation, regular,
adjourned regular and special meetings shall be called, noticed, held and conducted in accordance with
the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code).
(3) Minutes.
The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular
and special meetings of the governing board and shall, as soon as possible after each meeting, cause
a copy of the minutes to be forwarded to each member of the governing board and to the City and
to the County.
(4) Quorum.
A majority of the governing board of the Authority shall constitute a quorum for the transaction
of business, except that less than a quorum may adjourn from time to time; provided that the affirmative
vote of at least two (2) members of the governing board shall be required for the approval of any
resolution as to which action of the governing board is required.
D. OFFICERS.
The County shall appoint the Chairman of the governing board of the Authority for the first
year of its operation and thereafter said board shall elect its Chairman. Said governing board shall
elect a Vice-Chairman. Said governing board shall also appoint a Secretary who may, but need not,
be a member of the governing board. The Treasurer of the Authority shall be the duly appointed and
acting Treasurer of the County serving ex officio as Treasurer of the Authority and the Auditor of the
Authority sh.all be the duly appointed and acting Auditor of the County serving ex officio as Auditor
of the Authority to the extent that the duties do not cause a conflict. The attorney for the Authority
shall be either the County Counsel and/or the City A ttorney as the governing board may deem
appropriate in the circumstances, or the duly authorized deputy or deputies thereof, serving ex officio
as attorney for the Authority. The County Counsel and/or City Attorney, or the designated deputy
or deputies thereof, as the case may be shall attend all meetings of the governing board, but the absence
of such attorney or attorneys shall not affect the validity of any meeting. In the event of any conflict
between the County and/or the City and the Authority, the Authority may, with the prior consent
of County and/or City, as the case may be, appoint other officers, including, without limitation, the
offices of Treasurer, Auditor and Attorney, to represent the Authority in such manner. The governing
board shall have the power, with the prior consent of County, to appoint and employ such other officers,
employees, consultants, advisors and independent contractors as it may deem necessary.
E. RULES.
The governing board of the Authority may adopt, from time to time, such rules and regulations
for the conduct of its meetings and affairs as may be required.
Section 4. Powers.
The Authority shall have the powers common to City and County set forth in Section 1 of this
Agreement and herein sometimes referred to as "common powers", to wit: (1) acquiring a site or
sites for acquiring, constructing, maintaining, operating and leasing public safety buildings for the
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5/18/70
detention and incarceration of prisoners, both adult and juvenile, of the City and County, includmg
prisoner housing, interrogation, assembly, training and subsidiary areas, together with any other build-
ings with facilities and appurtenances necessary or convenient therefor as well as the construction, repair,
surfacing or resurfacing of any roads and roadways necessary or convenient to provide access to any
of the facilities, and (2) acquiring a site or sites for and acquiring, constructing, maintaining, operating
and leasing sanitary sewer facilities, including, but not limited to, sanitary sewage treatment plants and
such other sanitary sewerage facilities as may be necessary in connection therewith. The Authority is
hereby authorized, in its own name, to do all acts necessary for the exercise of said common powers for
said purpose, including, but not limited, to any or all of the following: to make and enter into contracts,
to employ agents and employees, to acquire, construct, manage, maintain, operate and lease any buildings,
works or improvements, to acquire, hold or dispose of property within the County of San Bernardino, to
lease the Site and Detention Facilities Project and the Site and the Sewage Treatment Plant Project,
or any part thereof, to incur debts, liabilities or obligations which do not constitute a debt, liability,
or obligation of the City or the County, and to sue and be sued in its own name. Such powers shall
be exercised in the manner provided in said Act, and, except as expressly set forth herein, subject only
to such restrictions upon the manner of exercising such powers as are imposed upon the County in
the exercise of similar powers. The Authority may also issue revenue bonds pursuant to Article 2,
Chapter 5, Division 7, Title 1 of the Govermnent Code of the State of California (commencing with
Section 6540 hereinafter called "Bond Act") and any other applicable laws of the State of California,
and, without limiting the generality of the foregoing, the Authority is also authorized to incur other
forms of indebtedness pursuant to Section 6547.1 of the Government Code.
Section S. Fiscal Year.
For the purposes of this Agreement, the term "fiscal year" shall mean the fiscal year as established
from time to time by the County, being, at the date of this Agreement, the period from July 1 to and
including the following June 30.
Section 6. Disposition of Assets.
At the end of the term hereof or upon the earlier termination of this Agreement as set forth in
Section 2 hereof, all property of the Authority both real and personal, relating to the Detention Facilities
Project, except for surplus money, shall automatically vest in County and shall thereafter remain the
sole property of the County and all property of the A uthority both real and personal relating to the
Sewage Treatment Plant Project, except for surplus money, shall automatically vest in City and shall
thereafter remain the sole property of City and the appropriate officers of the Authority, the City
and/or the County, as the case may be, shall execute and deliver to County and/or City, as the case
may be, a quitclaim deed confirming title in County and/or City, as the case may be, for record purposes.
Any surplus money on hand at such time shall be returned to the City and County in proportion to the
contributions made by each. For purposes of this computation the aggregate of all moneys and property
(except the fair value of all services rendered) provided by each during the entire term shall be deemed
to constitute the contributions made by each.
Section 7. Ground Lease.
At such time or times as Authority requests, (1) County shall lease to Authority, by means of a
Ground Lease or Leases, all or any part of the property as shown and described on the attached
"Exhibit A - Detention Facilities Projecf' (consisting of Parcels 1, 2, and 3) hereby made a part hereof;
provided however that County may reserve such subsurface rights and surface easements as are necessary
for the purposes for which such property is owned and (2) City shall lease to A uthority, by means of
a Ground Lease or Leases, all or any part of the property as shown and described on the attached
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"Exhibit A - Sewage Treatment Plant Project" (consisting of Parcels 1 and 2) hereby made a pari
hereof; provided, however, that City may reserve such subsurface rights and surface easements as are
necessary for the purposes for which such property is owned. The consideration for each snch lease
shall be $1.00.
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Section 8. Construction of Project.
County shall prepare or cause to be prepared, schematic plans, preliminary plans and specifications
for the Detention Facilities Project to be located on the property described in Exhibit A _ Detention
Facilities Project. Copies of all such plans and specifications shall be filed with City and Authority. Said
plans and specifications may provide for construction in stages or appropriate phases if desired by County
provided that such construction is consistent with the contracts referred to in Section 9 hereof.
County, as agent for Authority shall contract for the constrnction of the Detention Facilities Project
and carry such construction through to completion. Authority shall payor reimburse County, as the case
may be, for costs incurred and payments made by County in connection with the Detention Facilities Proj-
ect. County, as agent for Authority, shall let the construction contract or contracts by competitive bidding.
Such construction contracts shall be let and administered and the work shall be performed in accordance
with the applicable standards in substantially the same manner and upon the same conditions as are
normally followed by County in constructing its own buildings, provided that in no event shall such
contract or contracts conflict with applicable laws similarly applying to County in such areas. Should the
Authority appoint a trustee pursuant to the Resolution for the issuance of bonds of the Authority, said
trustee shall administer the construction funds in accordance with the applicable procedures set forth
in said Resolution approved by County. Such procedure shall provide, in substance, that County shall be
paid on demand such amounts as it requires to meet construction payments a reasonable time prior
to the time when such payments are due, upon such demand forms as County shall establish.
City shall prepare or cause to be prepared plans and specifications for the Sewage Treatment Plant
Project to be located on the property described in Exhibit A - Sewage Treatment Plant. Copies of all
such plans and specifications shall be filed with County and Authority. Said plans and specifications
may provide for construction in stages or appropriate phases if desired by City, provided that such
construction is consistent with the judgments and agreements referred to in the recitals hereof.
City, as agent for Authority, shall contract for the construction of the Sewage Treatment Plant
Project and carry such construction through to completion. Authority shall payor reimburse City,
as the case may be, for costs incurred and payments made by City in connection with the Sewage
Treatment Plant Project. City, as a ent for Authority, shall let the construction contract or contracts by
competitive bidding. Such construction con rac s la e let and administered and the work shiifr1je-'
pe7tormer in -acc:ordance with applicable standards in substantially the same manner and upon the
same conditions as are normally followed by City in its construction, provided that in no event shall such
contract or contracts conflict with applicable laws similarly applying to County in such areas. Should
the Authority appoint a trustee pursuant to the Resolution for the issuance of bonds of the Authority,
said trustee shall administer the construction funds in accordance with the applicable procedures set
forth in said Resolution approved by City. Such procedure shall provide, in substance, that City shall
be paid on demand such amounts as it requires to meet construction payments a reasonable time prior
to the time when such payments are due, upon such demand forms as City shall establish.
Section 9. Operation of Facilities.
It is intended by the City and the County that the occupancy of the Detention Facilities for both
juveniles and adults will be primarily used for County public safety purposes. The City does not presently
own or operate any public safety facilities and thus will make substantial use of significant portions of
both the adult and juvenile public safety facilities.
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The County will operate the Detention Facilities. In fnrtherance of such operation, City and County
have, by contract, provided in certain working agreements arrangements which will allow the City to avail
itself of the prisoner housing, interrogation, assembly, training, and subsidiary areas and related facilities.
Tbese working agreements provide for the City to contract from the County on a usage basis for the
aforementioned Detention Facilities. Through this arrangement, vital City and County needs for additional
public safety facilities will be served.
In addition, other economies can be effected by following such joint use concept in the use of other
public safety facilities which are intended to be built by other cities and County in the future.
City shall operate and maintain the Sewage Treatment Plant Facilities at its own cost and expense,
receiving contributions from other public agencies for the treatment and discharge of their sewage, as
set forth in the agreements referred to in the recitals hereof or as said agreements may be amended
from time to time.
Section 10. Revenue Bonds.
Tbe Authority shall issue revenue bonds in accordance with the provisions of Article 2, Chapter
5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section
6540) for the purpose of exercising its powers and raising funds necessary to carry out its obligations
under this Agreement. Said bonds may, at the discretion of Authority, be issued in series.
The services of bond counsel, financing consultants and other consultants and advisors working
on the particular project involved and/or its financing shall be used by the Authority. The fees and
expenses of such counsel, consultants and advisors shall be paid from the proceeds of the revenue bonds
and County and/or City, as the case may be, shall be reimbursed from such proceeds for any portion
of such fees and expenses which it has paid prior to the issuance of such revenue bonds.
Section 11. Lease and Operation by the County andlor City.
The Authority established hereunder shall lease the Detention Facilities Project by means of a
financing lease (or if construction is phased, by means of financing leases), to the County for a term
or terms which shall end no later than the same time as this Agreement. Such lease or leases shall not
result in a merger of the interest of the Authority under the Ground Lease (or leases, as the case may be)
so long as any obligations of the Authority secured by the bonds are outstanding. County shall pay rental
in any lease or leases in an amount which, together with other payments, if any, will be not less than the
amount required by the Authority each year to discharge all of its debts and obligations, including, without
limitation, payment of principal of, and interest on, its revenue bonds. The County shall, on behalf
of the Authority, operate and maintain, at its own cost and expense, the Detention Facilities Project either
acting on its own behalf or through any other public or private person, firm, partnership or entity in
such manner as shall comply with any covenants which the Authority makes in the proceedings for the
issuance of its revenue bonds.
The Authority established hereunder shall lease the Sewage Treatment Plant Project by means of a
financing lease (or if construction is phased, by means of financing leases) to the City for a term or
terms which shall end no later than the same time as this Agreement. Such lease or leases shall not
result in a merger of the interest of the A uthority under the Ground Lease (or leases, as the case may
be) so long as any obligations of the Authority secured by the bonds are outstanding. City shall pay
rental in any lease or leases in an amount which, together with other payments, if any, will be not less
than the amount required by the Authority each year to discharge all of its debts and obligations,
including, without limitation, payment of principal of, and interest on, its revenue bonds. The City
shall, on behalf of the Authority, operate and maintain, at its own cost and expense, the Sewage
Treatment Plant Project either acting on its own behalf or through any other public or private person,
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firm, partnership or entity in such manner as shall comply with any covenants which the Authority mat<es
in the proceedings for the issuance of its revenue bonds.
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The County and/or City may in the appropriate circumstances when required hereunder: (a) make
contributions from their Treasuries for the purposes set forth herein, (b) make payments of public
funds to defray the cost of such purposes, (c) make advances of public funds for such purposes, such
advances to be repaid as provided herein, or (d) use their personnel, equipment or property in lieu of
other contributions or advances. The provisions of Government Code 6513 are hereby incorporated into
this Agreement.
Section 12. Accounts and Reports.
To the extent not covered by the duties assigned to the Trustee, the Auditor of Authority shall
establish and maintain such funds, procedures and accounts as may be required by good accounting
practice or by any provision of any Resolution for the issuance of bonds of the Authority. The books
and records of the Authority in the hands of the Trustee or the Auditor shall be open to inspection
at all reasonable times by representatives of the City and the County. The Auditor of Authority, within
120 days after the close of each fiscal year, shall give a complete written report of all financial activities
for such fiscal year to the City and to the County to the extent such activities are not covered by the
report of the Trustee. The Auditor of the Authority shall make an annual audit of the records and
accounts of the Authority. The Trustee appointed under any Resolution for the issuance of bonds of
the Authority shall establish suitable funds, furnish financial reports and provide suitable accounting
procedures to carry out the provisions of said Resolutiou. Said Trustee may be given such dnties in
said Resolution as may be desirable to carry out this Agreement. All such audits and written reports
shall comply with the provisions of Section 6505 of the Government Code.
Section 13. Fund..
The Treasurer of Authority shall have custody of Authority property and disburse Authority
funds pursuant to the accounting procedures developed in accordance with the provisions of Section 12;
provided that the provisions of any resolution of Authority authorizing the issuance of revenue bonds
shall controi regarding the custody and disbursement of the proceeds of any revenue bonds issued
pursuant thereto or any revenue pledged to the payment of such bonds.
Additionally, the Treasurer of Authority shall assume the duties (to the extent not covered by
the duties assigned to any trustee) described in California Government Code Section 6505.5, to wit:
(a) Receive and receipt for all money of Authority and place it in the County treasury to
the credit of Authority;
(b) Be responsible upon his official bond for safekeeping and disbursement of all Authority
money so held by him;
(c) Pay, when due, out of moneys of Authority so held by him, all sums payable on out-
standing bonds and coupons of Authority;
(d) Pay any other sums due from Authority, from Authority money, only upon warrants
of the Auditor of Authority;
(e) Verify and report in writing on the first day of July, October, January, and April of
each year to Authority and to City and County the amount of money he holds for Authority, the
amount of receipts since his last report, and the amount paid out since his last report.
Subject to the applicable provisions of any indenture or financing agreement, which may provide for
a trustee to receive, have custody of and disburse Authority funds, the Treasurer of Authority shall have
the custody of and disburse Authority funds pursuant to the accounting procedures developed in
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accordance with the provisions of Section 12 hereof and as nearly as possible in accordance with normal
County procedures.
The public officers (namely, the Auditor and Treasurer of the Authority) herein designated as
the persons responsible for any moneys of A uthority are hereby also designated as responsible for all
other property of Authority and each of said officers shall file an official bond in an amount to be fixed
by the parties.
The Auditor of the Authority shall draw warrants to pay demands against the Authority when the
demands have been approved by any person authorized to so approve in accordance with the accounting
provisions developed in accordance with the provisions of Section 12 hereof.
The Board of Supervisors of the County shall determine charges to be made against the Authority
for the services of the County officers serving ex-officio as officers of the Authority, except for the services
of the County Counsel, or his deputies, for which no charge shall be made.
Section 14. Notices.
Notices hereunder shall be sufficient if delivered to:
City - City Clerk, City of San Bernardino.
County - Clerk of the Board of Supervisors, County Administration Building, San Bernardino.
Authority - Secretary - At such Address as Authority shaH designate for such prupose.
Secfion 15. MisceHaneous.
The section headings herein are for convenience only and are not to be construed as modifying
or governing the language in the section referred to.
Whenever in this Agreement any consent or approval is required, the same shall not be un-
reasonably withheld.
This Agreement is made in the State of California, under the Constitution and laws of such State
and is to be so construed.
To preserve a reasonable degree of flexibility, many parts of this Agreement are stated in general
terms. It is understood that there will be operating memoranda executed and amended from time to
time which will further define the rights and obligations of the parties.
Section 16. Paroal Invalidity.
If anyone or more of the terms, provisions, promises, covenants or conditions of this Agreement
shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever
by a court of competent jurisdiction each and all of the remaining terms, provisions, promises, covenants
and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to
the ful1est extent permitted by law.
Section 17. Successors.
This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested
by the proper officers thereunto duly authorized, and their official seals to be hereto affixed, as of
the day and year first above written.
THE CITY OF SAN BERNARDINO
By
AL C. BALLARD
Mayor
Attest:
JACK T. FELTON
City Clerk
(Seal)
COUNTY OF SAN BERNARDINO
By DANIEL W. MIKESELL
Chairman of the Board of Supervisors
Attest:
V. DENNIS WARDLE
Clerk of the Board of Supervisors
(Seal)
I HEREBY ApPROVE the form and legality of the foregoing Agreement this 21st day of May, 1968.
STANFORD D. HERLICK
County Counsel and ex officio
Attorney for Authority
By RICHARD WM. STRONG
I HEREBY ApPROVE the form and legality of the foregoing Agreement this 21st day of May, 1968.
City Attorney
City of San Bernardino
NOTE: Acknowledgments attached to original only.
By
RALPH H. PRINCE
9
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5/18/70
IN WITNESS WHEREOF, the parties hereto have caused this Agreement, as amended, to be executed
and attested by the proper officers thereunto duly authorized, and their official seals to be hereto affixed,
as of May 25, 1970.
THE CITY OF SAN BERNARDINO
By t:l/ G d;.~t:~
Mayor
Attest:
COUNTY OF SAN BERNARDINO
By
Chairman of the Board of Supervisors
Attest:
Clerk of the Board of Supervisors
(Seal )
I HEREBY ApPROVE the form and legality of the foregoing Agreement this uuuu day of ....____u, 1970.
STANFORD D. HERLICK
County Counsel and ex officio
Attorney for Authority
By
I HEREBY ApPROVE the form and legality of the foregoing Agreement this uu._._ day of __u____u, 1970.
City Attorney
City of San Bernardino
By
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5/18/70
STATE OF CALIFORNIA
} S8.
COUNTY OF SAN BERNARDINO
On this ..__m. day of m____..__.__m.' in the year 19.__., before me, the undersigned, a Notary Public,
State of California, duly commissioned and sworn, personally appeared ------------__...________.____.m______m.....
__.mm.__mm.m________' known to me to be the Mayor, and ------m__m.________.________m.__m..__..______....m____m__..__.
known to me to be the City Clerk, respectively, of the City of San Bernardino, a municipal corporation
of the State of California, that executed the within instrument, and known to me to be the persons
who executed the within instrument on behalf of said municipal corporation therein named, and
acknowledged to me that such municipal corporation executed the within instrument pursuant to a
resolution of the Mayor and Common Council of said City.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the
day and year in this certificate first above written.
Notary Public
State of California
(SEAL)
STATE OF CALIFORNIA
} SS.
COUNTY OF SAN BERNARDINO
On this __moo. day of .____________.____, in the year 19m., before me, the undersigned, a Notary Public,
State of California, duly commissioned and sworn, personally appeared .__...__...__....__m________m________.__....
______m.m.____m__mm' known to me to be the Chairman of the Board of Supervisors, and __m__m______________
m____m.__m______...__mm__________.m__m____________.m' known to me to be the Clerk of the Board of Supervisors,
respectively, of the County of San Bernardino, a political subdivision of the State of California, that
executed the within instrument, and known to me to be the persons who executed the within instrument
on behalf of said political subdivision of the State of California, therein named, and acknowledged
to me that such political subdivision executed the within instmment pursuant to a resolution of the
Board of Supervisors of said County of San Bernardino.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the
day and year in this certificate first above written.
Notary Public
State of California
(SEAL)
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5/18/70
SAN BERNARDINO PUBLIC SAFETY AUTIlORITY
EXHIBIT A-DETENT/ON FACILITIES PROJECT
PARCEL 1
That portion of lots 23 and 24, block 45, Rancho San Bernardino, as per plat thereof recorded
in book 7 of maps, page 2, records of the County Recorder, described as follows:
Commencing at the intersection of the North line of Cardiff Avenue, 88.00 feet wide and the
West line of Lena Road, 30.00 feet wide; thence Westerly along said North line of Cardiff Avenue, a
distance of 1348.00 feet, more or less, to the true point of beginning; thence N 0040'32" E, 509 feet,
more or less; thence N 89019'28" W, 88 feet, more or less; thence N 0'40'32" E, 100 feet, more or
less; thence N 89019'28" W, 223 feet, more or less; thence S 0040'32" W, 29 feet, more or less;
thence N 89019'28" W, 231 feet, more or less, to the East line of the property conveyed to the San
Bernardino County Flood Control District by Deed Number 577, recorded November 27, 1959 in Book
4993, Page 406, Official Records of said County; thence S 0049'42" W along said East line, a distance
of 539 feet, more or less, continuing along said East line S 12010'26" E, 42.05' to said North line of
Cardiff Avenue; thence Easterly along said North line of Cardiff Avenue, a distance of 532 feet, more or
less, to the true point of beginning.
PARCEL 2
A strip of land 50.00 feet in width lying 25.00 feet on each side of the following described
centerline:
Commencing at the intersection of the North line of Cardiff Avenue, 40.00 feet wide and the West
line of Lena Road, 30.00 feet wide, thence Westerly along said North line of Cardiff Avenue, a distance
of 1348.00 feet, more or less; thence N 0040'32" E, 466 feet, more or less, to the true point of beginning;
thence S 89019'28" E, 224 feet, more or less; thence N 0040'32" E, 375 feet, more or less.
PARCEL 3
That portion of Lots I and 6, Block 40, Rancho San Bernardino, as per recorded in Book 7,
Page 2 (West Half), of Maps, in the office of the Recorder, County of San Bernardino, State of California,
described as follows:
Beginning at a point in the West line of said Lot 6, said point being distant 916.79 feet North
of the Southwest corner of said Lot 6;
Thence South 00 42' 14" West (recorded South 00 02' 25" West) along the West line of said
Lots 6 and 1, a distance of 998.79 feet to a point in the West line of said Lot 1, said Point being
distant 82.00 feet South of the Northwest corner of said Lot 1;
Thence South 890 17' 46" East, a distance of 265.00 feet;
Thence South 00 42' 14" West, a distance of 425.00 feet;
Thence South 890 17' 46" East, a distance of 150.00 feet;
Thence North 00 42' 14" East, a distance of 215.00 feet;
Thence South 890 17' 46" East, a distance of 535.88 feet, to an intersection with the Westerly
line of the East Twin and Warm Creek Channel, said intersection being on a non-tangent curve
concave to the Southwest and having a radius of 2364.67 feet, a radial line through said point of
intersection bears North 660 32' 44" East;
Thence Northwesterly along said curve through an angle of 120 42' 03", a distance of 524.18 feet;
Thence tangent to said curve North 360 09' 19" West a distance of 412.42 feet to the beginning
of a tangent curve concave to the Northeast and having a radius of 2442.33 feet;
Thence Northwesterly along said curve through an angle of 70 46' 41", a distance of 331.55 feet;
Thence along a non-tangent line North 340 45' 49" West, a distance of 183.64 feet;
Thence North 890 03' 48" West, a distance of 151.07 feet to the Point of Beginning.
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5/18/70
SAN BERNARDINO PUBLIC SAFETY AUTHORITY
EXHIBIT A -SEWAGE TREATMENT PLANT PROJECT
PARCEL NO.1.
All that portion of Lots 23 and 14 in Block 54 of Rancho San Bernardino, as per plat recorded
in Book 7 of Maps, at page 2, records of San Bernardino County, as follows:
Beginning at a point in the east line of said Lot 23, which is two hundred feet (200') south of
the northeast carner of said Lot 23;
Thence south along the east line of said Lots 23 and 14, to a point which is three hundred sixty
feet (360') north of the southeast corner of said Lot 14;
Thence southwesterly in a straight line to a point on the south line of said Lot 14, which is
seven hundred eighty feet (780') west of the southeast Corner of said Lot 14;
Thence Westerly along the south line of said Lot 14 to a point which is eight hundred feet (800')
east of the east line of "E" Street, 82.5 feet wide, as conveyed by the deed from the City of Riverside
to the County of San Bernardino, which was recorded May 23, 1924, in Book 845, at page 268 of
Deeds;
Thence north along a line parallel with and eight hundred feet (800') east of the east line of
"E" Street to a point which is fifty feet (50') south of the north line of said Lot 23;
Thence east along a line parallel with and fifty feet (50') south of the north line of said Lot 23,
to a point which is two hundred feet (200') west of the east line of said Lot 23;
Thence south one hundred fifty feet (150') along a line parallel with and two hundred feet (200')
west of the east line of said Lot 23;
Thence east along a line parallel with and two hundred feet (200') south of the north line of
said Lot 23 to the point of beginning.
PARCEL NO.2.
That portion of the West ~ of Lots 13 and 24, Block 54, Rancho San Bernardino, as per plat
recorded in Book 7 of Maps, page 2, records of said County, described as follows:
BEGINNING at the Northwest comer of Lot 24 of said Block 54; thence South 890 36' 13.5"
East along the North line of said Lot 24, 293.58 feet; thence South 00 20' 14" West 1164.07 feet to
the beginning of a curve COncave to the Northwest and having a radius of 1,000 feet; thence South-
westerly along said curve to a point in the West line of Lot 13 of said Block 54; thence North 00 01' 11"
West along the West line of Lots 13 and 24 to the point of beginning.
EXCEPTING from the above Parcels No. 1 and 2 the following described property:
1. That portion thereof as conveyed to the City of Riverside by Deed recorded November 22, 1913
in Book 541, page 309 of Deeds, records of said County.
2. That portion thereof as conveyed to the State of California by Deed recorded October 17, 1956
in Book 4065, page 513, Official Records of said County.
3. That portion thereof as contained in the Final Order of Condemnation recorded April 9, 1964
in Book 6125, page 436, Official Records of said County.
4. That portion thereof described as follows:
Commencing at the point of intersection of the North line of said Lot 23 and the East line of
South "E" Street, 82.50 feet wide; thence East along the North line of said Lot 23, a distance of
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1334.61 feet; thence South and parallel with the East line of South "E" Street, a distance of 57.80 feet
to the True Point of Beginning; thence continuing South and parallel with said East line of South "En
Street, a distance of 200.00 feet; thence West at right angles, a distance of 234.81 feet; thence North
290 58' 00" West a distance of 230.86 feet to a point in a line which is 57.80 feet South of the North
line of said Lot 23, and which is West at right angles, a distance of 350.00 feet from the True Point
of Beginning; thence East along said line, a distance of 350.00 feet to the True Point of Beginning.
5. That portion thereof described as follows:
Commencing at a point in the North line of said Lot 23 which point is 800.00 feet East of the
East line of "En Street, 82.50 feet wide as conveyed to the County of San Bernardino by deed recorded
May 23, 1924 in Book 845, page 268 of Deeds, records of said County; thence South along a line
which is parallel with and 800.00 feet East of the East line of said "En Street, a distance of 60.00 feet
to the True Point of Beginning; thence East and parallel with the North line of said Lot 23, a distance
of 125.00 feet; thence South and parallel with the East line of said "En Street, a distance of 290.00 feet;
thence East and parallel with the North line of said Lot 23, a distance of 26.00 feet; thence South and
parallel with the East line of said "E" Street, a distance of 87.00 feet; thence West and parallel with
the North line of said Lot 23, a distance of 151.00 feet to said parallel line which is 800.00 feet East
of the East line of said "En Street; thence North along said parallel line a distance of 377.00 feet to
the True Point of Beginning.
6. That portion thereof described as follows:
Beginning at a point in a line which is parallel with and 800.00 feet East of the East line of
"En Street as conveyed to the County of San Bernardino by Deed recorded May 23, 1924 in Book 845,
page 268 of Deeds, records of said County, which point is South thereon a distance of 878.00 feet
from the North line of said Lot 23; thence East and parallel with the North line of said Lot 23, a
distance of 566.00 feet; thence South and parallel with said East line of "En Street, a distance of
129.00 feet; thence West and parallel with the North line of said Lot 23, a distance of 90.00 feet;
thence South and parallel with the said East line of "E" Street, a distance of 349.00 feet; thence East and
parallel with the North line of said Lot 23, a distance of 90.00 feet; thence South and parallel with
the said East line of "En Street, a distance of 559.00 feet; thence East and parallel with the North line
of sald Lot 23, to the Northwesterly line of Parcel No. 103 as contained in the Final Order of
Condemnation recorded April 9, 1964 in Book 6125, page 436 Official Records of said County;
thence Southwesterly along the Northerly boundary lines of Parcels No. 103, 141 and 142 of said
Final Order of Condemnation and along the Northerly line of Parcel No. 143 as contained in the
Final Order of Condemnation recorded April 1, 1964 in Book 6120, page 185, Official Records of
sald County, to the South line of said Lot 14; thence West along the South line of said Lot 14 to a
point in said line which is parallel with and 800.00 feet East of the East line of said "En Street; thence
North along said parallel line to the point of beginning.
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