HomeMy WebLinkAbout9148 Authorizing JPA betw City and County creating SB Public Safety Authority and providing for acquisition of buildings for detention and incarceration of prisoners
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RESOLUTION NO. .. 7"/~f'
2 A RESOLUTION OF THE MAYOR AND COMMONOOUNCILOF THE CITY
OF SANBElWARDINOAUTHORIZING .THE EXECUTION OF A JOINT EXERCISE
3 OF POWERS AGREEMENT BETWEEN SAID CITY AND THEOOUNTY OF SAN BER-
NARDINO CREATING THE SAN BERNARDINO PUBLIC SAFETY AuTHORITY AND
4 P~VIDING FOR THE ACQUISITION OF PUBLIC SAFETY BUILDINGS FOR THE
DETENTION AND INCARCERATION OF PRISONERS.; AND REPEALING RESOLUTION
5 NO. 9088.
6 BElT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS: .
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SECTION ONE: 1'hatthe City 'o;f San Bernardino execute a
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Joint Exercise of Powers Agreement between said City and the
County of San Bernardino creating the San Bernardino Public
Sa;fety Authority and providing for the acquisition o;f public
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safety btiildings for the detention and incarceration of prisoners.
SECTION TWO: That said Joint Exercise of Powers Agreement,
a copy of which is attached hereto, marked Exhibit "A" and re-
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ferred to and made a part hereof as fully as thciugh set forth at
length herein, is hereby approved.
SECTION THREE: That the Mayor and City Administrator of
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the City of San Bernardino are hereby authorized and directed to
execute said Joint Exercise of Powers AgreenieIiton behalf of said
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City.
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nardino at
the
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~ay of
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The foregoing
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Approved as to form:
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Proof of March 26, 1968 . J.8.<:o. . PlIo_ 746-1611
JOINT EXERCISE OF POWERS AGREEMENT BEtwEEN THE
CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO
CREATING THE SAN BERNARDINO PUBLIC SAFETY AUTHORITY
Tins AGREEMENT, dated for convenience as of March 1, 1968, 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 (herein-
. after 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 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, 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:
Section 1. Purpose.
This Agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1
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 the Connty each possess the powers referred to in the recitals hereof. The
purpose of this Agreement is to exercise such powers by acqniring 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, including prisoner housing, interrogation,
assembly, training and subsidiary areas, together with any other buildings 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 (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 "Project"). Such purpose will be accomplished
and said common powers exercised in the manner hereinafter set forth.
Section 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 (40) forty years, whichever
first shall occur.
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Ploof of Mareh 26, 1968 . JoB.Co. . PIloae 746-1611
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 admiuistered 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 for a four (4) y.ar 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 teIlll. The Board of Supervisors of County shall
appoint one of its initial members for a two year teIlll and the other for a four (4) year teIlll. The
initial teIlll of all members shall be deemed to commence on March I, 1968. Members of the board
shall serve at the pleasure of the appointing body and until their respective SUccessors are appointed
and qualified.
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, ad-
journed 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 JlOSS1llle 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-ChaiIlllan. Said governing board shall also appoint a Secretary who may, but need not,
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Proof of MarCh 26, 1968 . 1.B.Co. . PI10ne 746-1611
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 shall 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 the duly elected, qualified and acting County Counsel, or his duly authorized deputy, serving
ex officio as attorney for the Authority. The County Counselor his designated deputy shall attend
all meetings of the governing board, but his absence shall not affect the validity of any meeting. In the
event of any contIict between the County and the Authority, the Authority may, with the prior consent
of County, appoint other officers, including, without limitation, the offices of Treasurer, Auditor and
Attorney, to represent the Authority in such matter. The governing board shall have the power, with
the prior consent of County, to appoint and employ such other offi=s, 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 I of this
Agreement, to wit: acquiring a site or sites for acquiring, constructing, maintaining, operating and
leasing public safety buildings 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 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 (hereinafter referred to as "common powers").
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, manage, maintain and operate any buildings, works or improvements, to
acquire, hold or dispose of property within the County of San Bernardino, to lease the Site and 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 I of the Government Code of the State of California (commencing with
Section 6540 hereinafter called "Bond Act") and any other applicable laws of the State of California.
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 I 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, except for surplus money, shall
automatically vest in County and shall thereafter remain the sole property of the County and the appro-
priate officers of the Authority and/or County shall execute and deliver to County a quitclaim deed
confirming title in County 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
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Proof of March 26, 1968 . JoB.Co. . Phone 746-1611
. this computation the aggregate of all moneys and property provided during the entire term shall be
. deemed to constitute the contributions made by each.
Sedion 7. Ground Lease.
Upon request of the Authority and following the execution of this Agreement by both parties,
County shall lease to Authority for a consideration of $1.00 such property as it then owns of the
property as shown and described on the attached "Exhibit A" (consisting of Parcels 1, 2 and 3)
hereby made a part hereof; provided however that the County may reserve such subsurface rights
and surface easements as are necessary for the purposes for which the property is owned.
Section 8. Construction of Project.
. County shall prepare or cause to be prepared, schematic plans, preliminary plans and specifications
. for the Project to be located on the property described in Exhibit A. Copies of all such plans and
. specifications shall be filed with City. 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.
The Authority shall contract for the construction of the Project and carry such construction
through to completion. Authority shall reimburse County for costs incurred and payments made by
County in connection with the Project. 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 applicable standards in substantially the same manner and upon the
same conditions as are normally followed by County in constructiog its own buildings, provided that
in no event shall said contract or work 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 Authority. Such procedure shall pro-
vide, in substance, that Authority shall be paid on demand such amounts as it requires to meet con-
struction payments a reasonable time prior to the time when such payments are due, upon such demand
forms as Authority shall establish.
Sedion 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 will however
make substantial use of significant portions of both the adult and juvenile public safety facilities.
The County will operate the facilities. In furtherance 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.
These working agreements provide for the City to contract from the County on a per prisoner basis
for the aforementioned facilit,es. 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.
Section 10. Revenne Bonds.
The 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.
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Proof of March 26, 1968 . J.B.Co. . Phoae 746-1611
. The services of bond counsel, financing consultants and other consultants and advisors working
on the project 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
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.
. The Authority established hereunder shall lease the Project by means of a financing lease (or
. if construction is phased, by means of financing leases), to the County for a term to end at 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 so long as any obligations of the Authority secured by the Bonds are out-
. standing. 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 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 County may in the appropriate circumstance when required hereunder; (a) make contributions
from its Treasury 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 its 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 Qnd Reports.
To the extent not covered by the duties assigned to the Trustee, the Auditor of Authority shall
establish and maintain such funds and accounts as may be required by good accounting practice or
by any provision of the 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 District 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 District and to the County to the extent such activities are not covered by the report
of the Trustee. The Trustee appointed under the 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 Resolution. Said Trustee may be given such duties in said Resolution
as may be desirable to carry out this Agreement.
Section 13. Funds.
Subject to the applicable provisions of the Resolution for the issuance of bonds of the Authority,
which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer
of the Authority shall receive, have the custody of and disburse Authority funds (i) pursuant to the
. accounting procedures developed under Section 12 hereof, and (ii) as nearly as possible in accordance
with normal County procedures, shall make the disbursements required by this Agreement or to
carry out any of the provisions or purposes of this Agreement.
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 shall designate for such purpose.
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Proof of March 26, 1968 . l.B.Co. . Pbone 746-1611
Section 15. MisceDaneous.
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. Partial 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 fullest 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested
by their 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 t2L
c:/f a$.y
Mayor
Attest:
r- C'~~
rk
( aI)
COUNTY OF SAN BERNARDINO
By
Chairman of the Board of Supervisors
Attest:
Oerk of the Board of
Supervisors
(Seal)
I HEREBY ApPROVE the form and legality of the foregoing Agreement this .______. day of ______........__,
1968.
STANFORD D. HERLICK
County Counsel and ex officio
Attorney for District
By
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, Proof of Marcia 26, 1968 . J.B.Co, . Phoae 746-1611
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BXHffiIT A
PARCBL 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" B, 509 feet,
more or less; thence N 89019'28" W, 88 feet, more or less; thence N 0040'32" B, 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 Bast 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 Bast line, a distance
of 539 feet, more or less, continuing along said Bast line S 12010'26" B, 42.05' to said North line of
Cardiff Avenue; thence Basterly along said North line of Cardiff Avenue, a distance of 532 feet, more or
less, to the true point of beginning.
PARCBL 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" B, 466 feet, more or less, to the true point of beginning;
thence S 89019'28" B, 224 feet, more or less; thence N 0040'32" B, 375 feet, more or less.
PARCBL 3
· That portion of Lots 1 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 CaIi-
· fornia, 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 comer 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 I, 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 comer of said Lot 1;
Thence South 890 17' 46" Bast, a distance of 265.00 feet;
Thence South 00 42' 14" West, a distance of 425.00 feet;
Thence South 890 17' 46" Bast, a distance of 150.00 feet;
Thence North 00 42' 14" Bast, a distance of 215.00 feet;
Thence South 890 17' 46" Bast, a distance of 535.88 feet, to an intersection with the Westerly
line of the Bast 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" Bast;
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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Proof of March 26, 1968 . J.B.Co. . PhoDe 746-1611
STATE OF CALIFORNIA 1
f ss.
COUNTY OF SAN BERNARDINO J
On this 00...... day of ...00......0000...000000' in the year ......00' before me, 0000......0000000000...00...0000000000...0000...00'
a Notary Public, State of California, duly commissioned and sworn, personally appeared ...0000......0000...
.....h.h.......uuuu..., known to me to be the Chairman, and ....................0000.........00........00...' known to me
to be the Oerk of the City, respectively, of CITY OF SAN BERNARDINO, a public corporation, that executed
the within instrument on behalf of said public corporation therein named, and acknowledged to me
that such public corporation executed the within instrument pursuant to a resolution of the District.
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.
[Notarial Seal]
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Proof of March 26, 1968 . J.B.Co. . Pho. 746-U.ll
STATB OF CALIFORNIA 1
f SS.
CoUNTY OF SAN BBRNARDINO J
On this .... day of ...............0........' in the year ....0...' before me. ...............................................---...
a Notary Public, State of California. duly commissioned and sworn. personally appeared .............---..
_h_"O"."""""O"O' known to me to be the Chairman of the Board of Supervisors. and ..._..................m...
""''''''''''''''''''_.'''.0'''' known to me to be the Oerk of the Board, respectively, of the CoUNTY OF SAN
BBRNARDINO, a public corporation. that executed the within instrument. and known to me to be the
persons who executed the within instrument on behalf of said public corporation therein named. and
acknowledged to me that such public corporation executed the within instrument pursuant to a resolution
of the Board of Supervisors of said County of San Bernardino.
IN WtTNBSS WHBRBOF, 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.
[Notarial Seal]
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