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1 RESOLUTION NO. /~ .fJC:<9'
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH YELLOW CHECKER LEASING, INC.
3 RELATING TO THE OPERATION OF A DIAL-A-RIDE SYSTEM.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
authorized and directed to execute on behalf of said City an
agreement with Yellow Checker Leasing, Inc. relating to the
operation of a Dial-A-Ride System, a copy of which is attached
10 hereto, marked Exhibit "I" and incorporated herein by reference
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as fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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,adopted by the Mayor and Common Council of the City of San
I, Born=d100 at a ~L,...) ~etiog thereof, held
:on the ,;?~~ day of '~~/L~~ ' 1976, by the following vote,
to wit:
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Councilmen (J~ ?;';I}/~A-: ,~~
, 7b/../AQ-r0 ~ X~~
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AYES:
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NAYS:
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ABSENT:
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The foregoing resolution is hereby approved this ~ day
of '~~.L//' 1976.
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Bernardino
Approved as to form:
FILED
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9 1976
RTH. Citx Clerf(
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AGREEMENT
(dial-a-ride project)
THIS AGREEMENT is made and entered into at San Bernardino,
California, this ~ day of 1976, by and be-
tween the CITY OF SAN BERNARDINO, a here-
inafter referred to as "City", and YELLOW C
LEASING, INC.,
a California corporation, hereinafter referred to as "Company".
WHEREAS, the City is interested in encouraging and ex-
panding the use of public transportation in the overall area;
and
WHEREAS, there is a significant number of transit-
dependent seniors and disabled residents who must rely on public
transportation as their principal means of transportation; and
WHEREAS, the bus routes presently operated by SBTS are
on a fixed-route basis and are, therefore, able to serve a
relatively limited portion of the population, and
WHEREAS, Company currently provides taxicab service in
the community, under franchise, and is supplying public trans-
portation for a special segment of San Bernardino's transit-
oriented population; and
WHEREAS, as a result of the effective coordination and
scheduling of buses and taxicabs, it should be possible to
greatly enhance the utility of pUblic transportation for the
City and for its residents; and
WHEREAS, Dial-A-Ride (Demand/Responsive) programs have
been successful in other areas in augmenting bus operations and
meeting special public transportation needs; and
WHEREAS, the parties hereto desire to continue a joint
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project within a portion of the community in order to test the
applicability of Dial-A-Ride in San Bernardino and determine the
feasibility of extending it citywide; and
WHEREAS, this agreement shall succeed that prior agree-
ment of the parties hereto for a Dial-A-Ride test project, dated
August 11, 1975, which expires February 8, 1976;
NOW, THEREFORE, in consideration of the mutual promises,
covenants and agreements of the parties hereto, it is hereby
agreed as follows:
1. Term. The term of this agreement for the project
shall be for a period of 143 calendar days beginning February 9,
1976 and ending midnight June 30, 1976. This period may be
extended at the option of the City and Company. The hours and
manner in which the service is provided may be varied and
changed from time-to-time, upon the mutual consent of both
parties, in order to operate as a "many-to-fewjfeeder" service
to augment bus service.
2. Service Area. Company agrees to lease six (6)
5-passenger automobiles from the City for the term of this
agreement and to utilize them in the operation of Dial-A-Ride
service within a City area more particularly described in
Exhibit "A", attached hereto and incorporated by reference here-
in and hereinafter called "Project Area".
Since there has been a significant demand for service to
two specific locations outside of the Project Area, Company
shall provide Dial-A-Ride spur service to Inland Center on "E"
Street south of Mill Street; and spur service to the Social
Security Administration District Office at 2110 East Highland
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Avenue.
Localized Zones. Two localized zones are hereby c.reateG.
in the Project Area: The area previously described north of
Highland Avenue between California Street and Waterman Avenue
will be Zone One. The area previously described south of
Highland Avenue will be Zone Two. Door-to-door service will be
provided within each zone to any destination in that zone. It
is encouraged, but not mandatory, that passengers desiring ser-
vice between zones will be driven within the zone to the closest
SBTS route serving the general destination of the rider. Dial-
A-Ride shall provide inter-zone service upon specific request.
Spur service to Inland Center and the Social Security Administra-
tion District Office will be provided to passengers requesting
such service from either zone.
3. Vehicle Marking and Equipment. Company, at its sole
expense, shall have the automobiles used hereunder clearly marked
on both sides of the center roof display board sign with the
designation "San Bernardino Dial-A-Ride", the Company's special
Dial-A-Ride telephone number, and with any other information
deemed necessary by the City and the Company. The City-owned
vehicles shall be painted with a four-color design similar to
that used for the buses of the San Bernardino Transit System
(SBTS). Said colors are: white, dark blue, light turquoise
and medium yellow. The paint shall be of the exact same color
and quality as that used by SBTS. The design shall not include
"0mnitrans" lettering, logos or numbering. The vehicles used by
Company that are owned by City have already been painted in
accordance with the agreement of the parties hereto.
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The vehicles so marked shall be used exclusively for Dial-
A-Ride purposes, and shall be equipped by company with two-way
radio communication. Said vehicles shall be kept clean, and be
maintained in first-class operating condition at all times.
4. Service to be Provided. Service shall be provided
six days per week, Sunday through Friday, Sunday service shall
be provided from 9: 00 a .m. to 4: 00 p.m. For Sunday ser:v'ice,
Company shall provide sixty (60) minute call-to-pickup service
utilizing two (2) Dial-A-Ride vehicles. For service Monday
through Friday, Company will provide thirty (30) minute call-to-
pickup service using a minimum of four (4) Dial-A-Ride vehicles
from 7:00 a.m. to 9:00 a.m., and a minimum of six (6) Dial-A-
Ride vehicles from 9:00 a.m. to 7:00 p.m., except on the follow-
ing holidays: Christmas, New Years Day, Memorial Day,
Independence Day, Labor Day and Thanksgiving Day. In the event
it is necessary to provide more than six (6) vehicles in order
to meet the thirty (30) minute call-to-pickup service require-
ment, Company shall provide such additional vehicles as are
necessary to supplement the basic six (6) vehicles obtained
pursuant to Paragraph 2 hereof with such additional vehicles as
necessary.
5. "Many-to-Many" Service. There shall be no restriction
on passenger eligibility. Passengers carried on a "many-to-many"
basis shall pay a standard fare of $.50 per one-way ride, any-
where in the area. Children under five (5) years of age may
ride free when accompanying an adult and provided they are seated
on the lap of the adult, if so required. Company shall retain
all fares collected.
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When Dial-A-Ride passengers phone for service, they will
designate their name, point of origin, point of destination and
the number of persons in their party to be transported. The
caller will be advised by the Operator/Dispatcher of the approxi-
mate time of pickup.
The system shall operate on a shared ride basis, which
allows the Company to maximize the use of the vehicles and reduce
passenger waiting time to a minimum. Every effort will be made
to pick up waiting patrons within a 30-minute period (Monday
through Friday) from the time calls are made. A 60-minute
period will apply for Sunday service. Vehicles shall not wait
longer than two minutes to pick up any individual passenger. The
driver shall do all that is reasonably possible to avoid undue
delay of any passengers either at the point of pickup or enroute.
The passengers shall have no control over the route of the
vehi.cles.
6. "Many-to-Few/Feeder" Service. Passengers carri e:i on a
"Many-to-Few/Feeder" basis, in conjunction with feeder service to
bus routes, shall pay $.50 per one-way trip. company shall pro-
vide free transfers to passengers transferring to buses of the
San Bernardino Transit System (SBTS). The Company shall retain
all such fares as collected. The San Bernardino Transit System
shall return to the City of San Bernardino all transfers to buses
collected from such passengers by SBTS Coach Operators. The City
shall pay to the Company $.10 for each transfer returned to City
by SBTS.
The Operator/Dispatcher shall be required to be completely
familiar with the bus routes and schedules of the San Bernardino
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1 Transit System. Route Maps superimposed over a street map of the
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City and route schedules shall be in full view of the Operator/
Dispatchers while they are performing their duties.
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When a passenger requests Dial-A-Ride service to a i
destination within a zone also served by one of the SBTS routes, I
or within one block either side of such routes or to a destinatio9
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outside the zone served by an SBTS route, the Operator/Dispatcher!
will suggest to the passenger that it is desirable for Dial-A-
Ride to transfer him to the SBTS bus for the remainder of the
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trip.
A transfer shall not be required when it may be incon-
venient for the passenger for good cause, i.e., when a passenger
is carrying heavy packages, when the passenger would be made late
for an appointment as a result of the transfer, or is physically
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Dial-A-Ride should provide door-to-door service within the
designated zones, even though the destinations are common to SBTS
routes. The Company will provide only "feeder" service to SBTS
routes for passengers requesting service outside the zone, except
when a specific request is made to provide doorstop service.
"Many-to-many" service will automatically be provided to
22 passengers from both zones to the following areas: the St.
23 Bernardine Hospital and the medical services offices adjoining
24 this complex, particularly the offices at 399 E. Highland Avenue;
25 service to the San Bernardino County Hospital Complex on Gilbert
26 Avenue; spur service from each zone to the Social Security
27 Administration District Office at 2110 E. Highland Avenue;
28 service to Community Hospital at Seventeenth and Muscott Streets.
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7. Drivers' Services. Drivers shall not be permitted
to accept "tips," from passengers, and a sign so stating shall
be prominently displayed in each vehicle. City shall have the
right to specify the size and lettering for the sign. When
requested, and reasonably necessary, drivers shall assist
passengers requiring help with packages, etc. No charge shall
be made or accepted for such assistance.
A sign requesting that there be no smoking will be
prominently displayed in the front of the inside of each Dial-A-
Ride vehicle. The sign shall be placed over the visor so as to
be visable to all passengers. The driver shall, if necessary,
request that passengers refrain from smoking.
If a Dial-A-Ride vehicle is parked on a City street during
the regular hours of operation and a person requests Dial-A-Ride
service from the driver, the driver shall radio this request to
the dispatcher and the dispatcher will determine which Dial-A-
Ride vehicle will transport the passenger to the destination
requested. If a person requests information from a driver of a
parked vehicle when the driver is not on call, the driver shall
provide the person with the Dial-A-Ride phone number and any
necessary information. The driver's primary duty is to drive
passengers and the driver will only provide information other
than the Dial-A-Ride phone number should time permit.
Prohibition. Driver, while in the performance of the
Dial-A-Rideservice, shall not solicit, persuade, cajole,
proselytize, or in any other way coax or encourage SBTS bus
passenger from using the bus system. Company drivers shall pro-
vide information to passengers only when requested by a passenger.
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Kandicapped Passenger. Dial-A-Ride shall provide service
2 to handicapped persons who are able to enter and exit from the
3 Dial-A-Ride vehicle without assistance from the driver. The
4 driver will accept those handicapped persons who require the
5 assistance of pedestrian walkers, collapsable wheelchairs (those
6 that can be transported in the trunk of the vehicle), guide dogs
7 or walking canes. There shall be no additional fee charged for
8 providing such service to handicapped persons.
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8. Financing. City shall pay to Company at the rate of
10 eight dollars ($,8.00) per operating hour for the operation of
11 each of the six vehicles obtained pursuant to Paragraph 2 hereof
12 and used in the program up to the maximum of twelve hours per
13 vehicle per day. City shall pay to Company an additional sum of
14 forty two dollars ($42.00) per week
15 as and for total compensation for providing vehicles and drivers
16 necessary to supplement the aforesaid vehicles so as to provide
17 thirty (30) minute call-to-pickup service during the hours
18 specified in Paragraph 4 herein. City shall pay the Company on
19 or before the lOth day of the month following receipt of the
20 billing for the prior month. The operating charge of $8.00 per
21 hour is subject to revision, if the program is continued after
22 the l43-day term provided for herein. It is the intention of
23 the parties hereto that after the term hereof, said fee shall be
24 renegotiated, upward or downward, on the basis of the experience
25 with the program.
26 The compensation for operation, together with the fares
27 collected, shall constitute full compensation to Company to cover
28 profit and all costs of operation, including the lease of City-
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1 owned vehicles, salaries of all employees, fuel, maintenance and
2 upkeep, insurance and all other costs attributable to the program"
3 9. Lease of Vehicles. Company, by separate agreement,
4 has agreed to lease at a rental rate of one dollar ($1.00) per
5 operating hour, not to exceed 12 hours per vehicle, per day, six
6 (6) mutually agreeable 5-passenger automobiles, owned by City,
7 to be used in the operation of the Dial-A-Ride system. Company,
8 at its own expense, shall provide all maintenance and operational
9 costs for said vehicles.
10 10. Communications. Company shall provide ,operate and
11 maintain a central communications center, in the City of San
12 Bernardino. Said center shall be equipped with two-way' radio
13 communications for the dispatch and control of Dial-A-Ride
14 vehicles in the field, and with at least four telephones and line
15 to receive requests from the public for Dial-A-Ride service.
16 Special telephone numbers shall be established for Dial-A-Ride.
17 Requests for service on other Company telephone numbers, where
18 the caller does not request Dial-A-Ride, may be handled as
19 regular taxicab calls. Two telephone operator/Dispatchers shall
20 be continuously on duty in the central communications headquarters
21 during the hours of operation hereunder.
22 11. Log. Telephone operator/Dispatchers shall maintain a
23 communications center log of all calls received for a Dial-A-
24 Ride service and a record of all rides actually provided. Said
25 logs shall be maintained in the form and manner satisfactory to
26 the City.
27 On or before the 5th day of each month, Company shall sub-
28 mit a copy of all Dispatcher's communication log sheets for the
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preceding calendar month, together with a claim for the hours of
service performed during said month.
12. Audit. The City may audit the Company's Dial-A-Ride
books, records and dispatcher operations, at any time between the
hours of 7:00 a.m. and 6:00 p.m., Monday through Friday of each
week during the term hereof or within ninety (90) days thereafter.
13. Termination. Both parties hereto shall have the
option to terminate this agreement by giving a thirty (30) days'
advance written notice to the other party, and this agreement
shall terminate thirty (30) days after said notice is given.
14. Promotion. It shall be the joint responsibility of
the City and the Company to promote and encourage the use of Dial
A-Ride and to prepare and distribute promotional literature set-
ting forth the fare schedule, hours of operation, area served, et
15. Liability and Insurance. Company hereby agrees to,
and shall, hold City, its elective and appointive boards, cornmis-
sions, officers, agents and employees, harmless from any liabilit
for damage or claims for damage for personal injury, including
death, as well as from claims for property damage which may arise
from Company's operations under this agreement, whether such
operations be by Company or by anyone or more persons
directly or indirectly employed by, or acting as agent for Com-
pany or by lease or agreement with Company. Company agrees to,
and shall, defend City and its elective and appointive boards,
commissions, officers, agents and employees from any suits or
actions at law or in equity for damage caused, or alleged to have
been caused, by reason of any of the aforesaid operations.
Company shall file with the City Administrator of City a
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certificate of insurance for public liability evidencing insur-
2 ance for protection coverage for the conduct of its programs and
services. $100,000/$300,000 covering pUblic liability and
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$50,000 insuring against property damage claims.
16. Changes and Modifications. In order to maximi~e the
value of this program, it is deemed advisable to test a number
of approaches to providing Dial-A-Ride service. since Dial-A-
Ride is not fully tested in San Bernardino, it is not possible
to definitely describe all the possible approaches herein. It
is therefore agree d that such changes and modifications as may
be acceptable to both parties may be made during the course of
this agreement in order to permit the value and utility of
Dial-A-Ride to be fully tested. All such changes and modifica-
tions shall be made by written agreement execqted by the parties
hereto.
17. Relationship of Parties. It is understood the con-
tractual relationship of the Company to City is that of in-
dependent contractor and shall be subject to the limitations and
provisions of this agreement.
18. Notices. All notices hereunder to be given shall be
sufficient if in writing and directed to the recipient thereof
at its. last known addres.s. Notices shall be deemed to have
been given if either (1) personally delivered to the recipient,
or (2) if addressed to the recipient and deposited in the United
States mail, postage prepaid and addressed to recipient's last
known address. The current addresses. of the parties are as
follows:
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Lessee
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Yellow Checker Leasing, Inc.
1510 West Fifth Street
San Bernardino, California
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Lessor
City of San Bernardino
300 North "D" Street
San Bernardino, California
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19. Assignment. This agreement shall not be assigned by
8 Company without the written consent of City.
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20. Amendment. This agreement may be amended only by
10 written agreement executed by both parties and failure on the
11 part of either party to enforce any provision of this agreement
12 shall not be construed as a waiver of the right to compel
13 enforcement of such provision, nor act to relieve any party of
14 its obligations under this agreement.
15 IN WITNESS WHEREOF, the parties have hereto executed
16 this agreement on the date first hereinabove written.
17 INC.
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CITY OF SAN
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ATTEST:
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EXHIBIT"A"
Beginning at the intersection of Mill Street with Rancho
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Avenue, thence northerly along Rancho Avenue to its intersection
with the southerly line of Rialto Avenue; thence westerly along
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the southerly line of Rialto Avenue to the westerly City limits
line; thence across Rialto Avenue to the northerly line of said
Rialto Avenue; thence easterly along the northerly line of Rialto
Avenue to Rancho Avenue; thence northerly along Rancho Avenue to
its termination point; thence northerly along the City bou?dary
east of Lytle Creek Wash to Highland Avenue; thence easterly on'
Highland Avenue to Macy Street; thence northerly On'Macy Street to
Adams Street; thence westerly on Adams Street to San Anselmo
Avenue; thenc~ southerly on San Anselmo Avenue to Donald Street;
thence westerly on Donald Street to Duffy Street; thence northerly
on Duffy Street to San Anselmo Avenue; thence southeasterly on San
Anselmo Avenue to Adams Street; thence easterly on Adams Street
to Macy Street; thence'southerly on Macy Street to Highland
Avenue;. thence easterly on Highland Avenue to California Street;
thence northerly along California street to Cajon Boulevard; thenc
southeasterly to the right of way for the proposed extension of
the Thirtieth Street Crosstown Freeway; thence northeasterly to
Little Mountain Drive; thence northwesterly along Little Mountain.
Drive to 'Marshall Bouleva~; thence ~asterly along ~mrshall
Boulevard t~ Miramonte Street; thence northeasterly along Miramont
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to Edgemont Street; thence southeasterly along Edgemont to Vista
Street; thence southerly along Vista to its 'intersection with
Marshall Street; thence easterly along Marshall to Ladera street;
,thence northeasterly along Ladera to Edgehill Street; thence
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'northeasterly
along Edgehill to Crescent Avenue; thence northerly
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on Crescent to Kendall Drive; thence northwesterly along Kendall
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Drive to Fortieth Street; thence easterly along Fortieth Street
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to Waterman Avenue; thence southerly on Waterman to Twenty-First
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Street; thence easterly along Twenty-First Street to San Gabriel
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Street; thence southerly on San Gabriel to Niles Street; thence
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westerly along Niles ~treet to Valencia Street; thence southerly
Ion Valencia Street ~o'Trenton Street; thence westerly on Trenton
street to Crestview Street; thence southerly on Crestview Street
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ito Gilbert'Street; thence easterly on Gilbert Street to Cedar
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IStreet; thence southerly on Cedar Street to Base L~ne Street;
thence westerly on Base Line to Waterman Avenue; thence southerly
on Waterman Avenue to Cardiff Street;'thence easterly on Cardiff
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Street to Tippecanoe; thence southerly on Tippecanoe to Central
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Avenue; thence westerly on Central Avenue to Waterman Avenue;
thence northerly on Waterman Avenue to Mill Street; thence
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westerly on Mill Street to the point of beginning.
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