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HomeMy WebLinkAbout20-Mayor's Office . , CI" OF SAN BERNARDrc:P - REQUIOT FOR COUNCIL ACOON From: W.R. "Bob" Holcomb, Mayor Date: January 14, 1985 Subject: Discussion regarding a request from the San Bernardino Railroad Historical Society, to relocate locomotive "3751" out of Via- duct Park - per request by D.S. Brittin, President - Railroad Hist. Society. Dept: Mayor's Office Synopsis of Previous Council action: Recommended motion: Discuss request from the San Bernardino Railroad Historical Society, to relocate locomotive "3751" out of Viaduct Park. Contact person: W.R. "Bob" Holcomb. Mavor Phone: 'i0'i1 Supporting data attached:_ Yes Ward: FUNDING REQUIREMENTS: Amount: Sou rce: Finance: Council Notes: 75-0262 Agenda Item .2:./1. U" o :-i\'\' m:H\.\!W1NO in 0 no,\ D m;;TOH ]('\1. Sl)f r i,T, L'\C P.P, LO\.';,\~1 :-i\\ 1'!':H\\fW!,\,i) (~\l.ii'On (-\ ~<~H;l. o o S.B.R.H.S. PROJECT 3751 o January ll, 1985 The Honorable ~l. R. "Bob" Holcomb, Mayor and Common Council Office of the Hayor 300 North "D" Street San Bernardino, CA 92418 Dear Mayor Holcomb and Members of the Council: Pursuant to our meeting in your office on December 2l, 1984, SBRHS has extensively revised the proposed Locomotive Lease and Agreement per your comments, and a revised draft is provided herewith as Attachment B. In addition, per your suggestion, a proposed Request for Council Action has been prepared (Attachment A) which addresses both the need to relocate locomotive "375l" out of Viaduct Park in the near future and Mr. Norman Johnson, Jr.'s offer of financial support for this move (see Attachment C). Also enclosed is a brief description of EXPO '86 for your information (see Attachment D). The SBRHS looks forward to meeting with the San Bernardino Council on January 2l, 1985, to discuss these and any other related matters. Should there be any questions or comments, I may be reached during the day at (7l4) 567-84l6. Sincerely, ~.~ D. S. Brittin President San Bernardino Railroad Historical Society, Inc. cc: Mr. Norm Johnson, Jr. Enclosures ," o ".\1\ HI:n\\IUll"" H\Il ~,J! ,l l!I'<Tt'l'fi, .\1 o o S.B.R.H.S. PROJECT 3751 o j .{'. I i\. e'l \\\, !TU, IIWI\q { ,\ 'J H'on '\. f '\ ~l:!.HH lO Jan., 1985 ATTACHMENT A TO: City of San Bernardino - REQUEST FOR COUNCIL ACTION FROM: San Bernardino Railroad Historical Society, Inc. SUBJECT: LOCOMOTIVE 375l RELOCATION RELATED FACTS: 1. Locomotive ex-Santa Fe 3751 ("375l") is historically significant both as an engineering milestone and as a representative of San Bernardino's rail heritage. As Portland, Oregon's well known Daylight engine number 4449 has consistently demonstrated, "3751" has similar potential as a valuable high visibility public relations ambassador for the City of San Bernardino. 2. The SBRHS, Inc. ha~ developed a plan known as Project 375l, to restore and occasionally operate "375l" and specifically to operate a special train to Vancouver, B.C., Canada in 1986 to attend EXPO '86 as an ambassador for the City of San Bernardino. 3. On October l5, 1984, the City of San Bernardino decided against renewal of a lease agreement with the Santa Fe Land Management Company for the property known as Viaduct Park. Consequently, the present lease is due to expire on April 30, 1985. 4. "375l", presently on display at Viaduct Park, must consequently be relocated from Viaduct Park to an interim storage site on or before April 30, 1985. 5. The City of San Bernardino has not yet developed a suitable alternate display site and/or home base for "375l". 6. The City of San Bernardino owns a parcel of un- developed park land at the intersection of 4th and 5th Streets adjacent to Nunez Park. Page lof 5 - "il' , o -.;,\'\ m:n\\[{fll\;u 1{\IUW:,j'llbTOFlI \L ~t)(F'T\ l>J' P.O, EO\;\~l C'\\ BLrJ\.'\HD1'\O {'AI.! -OH\I; ~L?Wi o ~.B.R.H.S. PROJECT 3751 o 7. Mr. Norman Johnson, Jr., President of Fourth Street Rock Crusher, has offered financial support to SBRHS and Project 3751 in the range of $20,000.00 to $35,000.00 contingent upon eventual relocation of "375l" to the park land noted in Item 6. 8. The City of San Bernardino has included in its 5 year capital improvement program, a proposed budget of $10 million dollars for a railroad related museum. RECOMMENDATIONS: The SBRHS believes that the undeveloped western portion of Nunez Park is potentially a highly satisfactory "home base" location for "375l "and ancillary equipment since the site is both reasonably close to theAT & SF Rwy. and is situated so as to form an attractive and highly visible west entrance to the City. The SBRHS, therefore, hereby requests that the City of San Bernardino consider taking the following actions: 1. Review the guidance level drawing prepared by SBRHS, and provided herewith which shows Nunez Park concept as proposed by Mr. Johnson. 2. Decide and formally resolve whether or not the Nunez Park site proposed as a home base for "375l" will, in principle, be compatible with the needs of the City both aesthetically and functionally. 3. With an affirmative decision on Item 2, a.) Authorize a limited expenditure of funds sufficient to develop in a co~operative~effort with the SBRHS, a set of architectural and engineering proposal plans for the development of Nunez Park (West) as a home base for "3751." b.) Given the April 30, 1985 Viaduct Park lease expiration date, then, as a matter of great urgency, proceed in a co-operative effort with SBRHS, to develop and implement necessary plans to relocate "3751 with funding predominantly provided by "Fourth Street Rock CrusherCo.", from Viaduct Park to an interim storage site within San Bernardino. Page 2 of 5 1I J,,' o S\'\ U:i<'\ \RIlINu IL\!IHO,\l'IIlS'!'OFH \1< ~{v flT\ I>J }',{l EOX}><1 .S,\^' LFf;\\RDI'\o i",\l FOE\ r \ ~Y!.HH o o S.B.R.H.S. PROJECT 3751 o 4. Agree to re-allocate funds presently budgeted for Viaduct Park lease, utilities, and maintenance, to a City designated line item account for Project 3751 effective upon expiration of the Viaduct Park lease on April 30, 1985. 5. As an urgent matter, given the desireability of "375l" representing San Bernardino at EXPO '86, a World Exposition to be held in Vancouver, B.C. Canada, the City is requested to ex edite the review and a roval of the Lease and Operating Agreement - 3751. Attachment B The ability of SBRHS to raise the essential private and commerical sponsorship restoration funds for Project 3751 and to firm up arrangements with AT & SF Railway depend in part upon SBRHS having formal authority by the City to proceed with present plans for restoration and operation including the inaugural operation to EXPO '86. 6. Upon approval of Nunez Park planning developed in item 3a., proceed with essential steps necessary to ensure that the Nunez Park site will be prepared in time for "375l's" return from the EXPO '86 tour. Contact persons: D.S. Brittin T. Spark (714) 567-84l6 (213) 977-5239 Page 3 of 5 U' , . .. o o o ~'nI ~ NUNE.Z PIIRt( (#1 '51'IN G) PoR1145LE. PANeL ;RAcK AI srRffi 4T1l ~ tfT1I S-rR(~'" ROC/<. CRUsHlR Ca N //111111111111 \ L NEW (1YPlcAL) SAN BeRNARDINO RAIL~~D J../ISTDRIC.AL SOClE.TY INC,. GUlOANCE. PLA IV LOCOMaTIVE. 375/-NIJNEZI1lI?K. 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"'" I~"'- IJS .. ~ " , Page 5 of 5 ~- 0 I 2 3 4 5 6 7 8 9 10 this 11 THIS LEASE AND OPERATING AGREEMENT is entered into day of , 1985, by and between the CITY OF SAN BERNARDINO, a municipal corporation, (hereinafter referred to 12 as WCityW), and the SAN BERNARDINO RAILROAD HISTORICAL SOCIETY, a 13 California corporation organized under the nonprofit public benefit 14 corporation law of California, (hereinafter referred to as wSBRHSW) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o d"1t'AU4 M 6.JI (.) ~ LEASE AND OPERATING AGREEMENT (Engine 3751 - Nunez park) City and SBRHS agree as follows: 1. Recitals. A. City is the owner of that certain railroad steam ocomotive, consisting of a locomotive ,engine, tender and ancillary quipment, having the designation wEx-Santa Fe 375lw, (hereinafter eferred to as W375lW), having been donated to the City in 1957 by he Atchison, Topeka & Santa Fe Railway and currently being isplayed by the City at Viaduct Park adjacent to the San ernardino Amtrak station. \ o o o o 1 B. Pursuant to Council action on October 15, 1984, the 2 City is terminating its lease with Santa Fe Land Improvement Co., 3 effective April 30, 1985, for use of Viaduct Park as a park, and 4 SBRHS is making arrangements to move 3751 to an agreeable location 5 at Nunez park, considered a significant entryway to the City. ' I 6 7 C. SBRHS was formed under the nonprofit public benefit 8 corporation law for the specific purpose of engaging in the 9 preservation and conservation of historical railroad items, 10 artifacts, structures, and equipment; the restoration and 11 maintenance of historic steam and other locomotives, and other 12 items, artifacts, structures, and equipment of historical value; 13 the acquisition of said objects for restoration and preservation; 14 the operation of said equipment; the establishment of a historical 15 railroad museum emphasizing restoration; maintain preservation and 16 operation of the collection; the establishment and maintenance of 17 a historical and technical library on railroad and locomotive 18 subjects; the functioning as a repository for and distributor of 19 information of a historical or educational nature compatible with 20 the goals, purposes and concerns of the SBRHS. 21 22 D. SBRHS has extended efforts to preserve and maintain 23 375l while stored at Viaduct Park and has expressed an interest in 24 the restoration and operation of 375l as a historically 25 significant locomotive. To this purpose SBRHS plans to move 375l 26 to a suitable site for restoration activities with the intent that 27 the ultimate home base for operations shall be Nunez Park. 28 -2- ~ 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 W 21 22 23 24 25 26 27 28 , . o o o E. City recognizes and appreciates the time, expense efforts of SBRHS in maintaining and initiating the restoration f 375l since the City lacks the resources as well as the xpertise to restore 3751 to operating condition. F. City finds that it is in the best interests of the ity and its citizenry that 3751 be restored to operable condition nd maintained and operated as a historically significant example f railway history and to that purpose desires to lease 375l to BRHS for an extended period on the following terms and conditions. 2. Lease. 2.1 Lease of 375l and Portion of Nunez Park. In onsideration of one dollar ($1.00) and other good and valuable onsideration, the adequacy and receipt of which is hereby cknowledged by City, and based upon the mutual covenants recited erein, it is agreed that the City shall hereby lease to SBRHS hat certain steam locomotive referred to herein and commonly esignated as wEx-Santa Fe 375lw which shall include the ocomotive engine, tender and all ancillary equipment currently tored by the City at Viaduct Park for those purposes and under hose terms and conditions as set out hereinbelow. It is further greed that the City shall hereby lease to SBRHS that portion of unez park on which 3751 is to be relocated and a sufficient ortion of the surrounding park to provide an adequate area for -3- o o o o 1 SBHRS and its members to continue its restoration and maintenance 2 f 3751, after initial major restoration efforts have been 3 concluded at another site. 4 5 2.2 Improvements. The City agrees to make all 6 appropriate improvements at the agreed upon Nunez Park site to 7 allow for the proper storage, display, maintenance and operation 8 of 375l. City further agrees to provide and be responsible for 9 all utilities and services necessary for the proper care and 10 aintenance of 3751. City shall construct a suitable fence around 11 site in order to provide security for 375l and 12 aintain the park grounds surrounding the actual storage site in a 13 clean and park-like setting. 14 15 3. Operation. 16 17 3.l Operations Subject to City Review and Approval. 18 SBRHS intends to make arrangements to move 375l to a site suitable 19 for restoration activities. Once 375l is restored to operable 20 condition it is understood that 3751 will be stored at an improved 21 portion of Nunez park as a site for maintenance and a base of 22 operations. SBRHS shall operate 3751 for educational and 23 romotional purposes in accordance with the stated purpose of 24 SBRHS and in the best interest of the City. The SBRHS shall keep 25 the City advised at all times of any and all proposed operations 26 including time, destination and purpose of same. In the event the 27 28 -4- " " . o o o o 1 city disapproves of said proposed operations as not within the 2 purpose of the SBRHS and not in the City's best interest, the City 3 may, through the Mayor's office, so advise SBRHS and the proposed 4 operation shall be postponed until the Parties can agree to an 5 appropriate operation. 6 7 3.2 permits, Licenses and Fees. SBRHS shall obtain, at 8 its sole expense, all permits, licenses and fees from all federal, 9 state and local agencies including operational permits from 10 ppropriate railway concerns necessary to operate 375l. 11 12 3.3 Revenues. Any revenues received by SBRHS for any 13 urpose, including but not limited to placing 375l on display, 14 onations for its restoration and operation, or charges for its 15 peration, shall be the sole property of SBRHS. 16 17 3.4 Expenditures. SBRHS shall payor cause to be paid 18 II costs incurred by it for work performed on 375l, and shall 19 eep the leased premises and 375l free and clear of any and all 20 laims arising out of the performance of work or furnishing of 21 ater ials. 22 23 4. General provisions. 24 25 4.l Term. This Lease and Operating Agreement shall 26 ave an initial term of twn (lOl years from the effective date 27 ereof, subject to SBRHS's option to extend as provided herein. 28 -5- " . o o o o I 2 4.2 Rental. Rental shall be in the sum of one dollar 3 ($1.00) per year. The first year's rental fee shall be due and 4 ayable upon the effective date of this agreement and payable each 5 ear thereafter during the term of the contract. 6 7 4.3 Default. In the event of a default, SBRHS shall 8 thirty (30) days from the receipt of written notice of said 9 efault to cure same. If the default is not cured within the 10 hirty (30) days to the satisfaction of City, this contract shall 11 e deemed terminated immediately upon the expiration of the thirty 12 (30) day period, and City shall take repossession of 375l and 13 BRHS shall have no further rights under this contract. 14 15 4.4 Effective Date. This contract and SBRHS's right of 16 ossession shall become effective upon delivery to City of a 17 ertificate of insurance evidencing that SBRHS has complied with 18 he insurance requirements set forth in this contract. 19 20 4.5 Insurance. 21 4.5.l. General Liability Insurance. SBRHS agrees 22 0 procure and maintain in force during the term of this 23 ontract, and any extension thereof, at its expense, a 24 omprehensive general liability insurance policy adequate to 25 rotect against liability for damage claims through public use of 26 r arising out of or resulting from SBRHS's custody, control, 27 ossession and operation of 375l, in a minimum amount of 28 -6- . . 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l' o o o 2,000,000 to cover instances of bodily injury or death and roperty damage. Such insurance policy or policies shall provide overage for City's contingent liability on such claims or osses.' City shall be named as an additional insured. A ertificate of insurance shall be delivered to City's Risk anagement Division. Company agrees to obtain a written bligation from the insurers to notify City in writing at least hirty (30) days prior to cancellation or refusal to renew any uch policy or policies. 4.5.2. property Damage Insurance. SBRHS shall, at its wn expense, insure 375l against loss, damage or theft arising rom any cause whatsoever for the value of $50,000, which the arties hereto deem to be the total inherent value of 3751 at the ime of execution of this contract. SBRHS shall have no bligation to insure 375l for any amount other than as provided erein notwithstanding that as a result of the refurbishing and estoration contemplated hereunder, the value of 375l is enhanced uring the term of this contract. 4.6 Hold Harmless. SBRHS hereby agrees to, and shall, old City, its elective and appointive boards, commissions, fficers, agents and employees harmless from any liability for amage or claims for property damage which may arise from SBRHS's per at ions under this contract, whether such operations be by BRHS or by anyone or more persons directly or indirectly mployed by or acting as agent for SBRHS. SBRHS agrees to and hall defend City and its elective and appointive boards, -7- . . 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 , , , o o o ommissions, officers, agents and employees from any suits or ctions at law or in equity for damages caused, or alleged to have een caused, by reason or any of SBRHS's operations. 4.7 Termination. SBRHS may, subject to thirty (30) ays' written notice to the city, terminate this contract at any ime, and the City shall, upon the effective date of termination, ake possession and assume all responsibility and liability for 75l. 4.8 No Assignment or Sublease. SBRHS shall not assign his contract, or any interest therein, or subject 375l or the remises surrounding it, or any part thereof, or allow any person ther than SBRHS and its agents and employees to occupy or use 75l or the premises or any part of them, without first obtaining ity's written consent thereto. Any unauthorized assignment or ublease shall be void, and shall terminate this contract at ity's option. SBRHS's interest in this contract is not ssignable by operation of law without City's written consent. 4.9 option to Renew. In consideration of the dditional payment of one dollar, the adequacy of which is hereby cknowledged, the City grants SBRHS an option to renew this ontract for a period of ten (10) years after the expiration of 26 its original term, on the same terms and conditions as contained 27 28 erein. To exercise such option, SBRHS shall give City written otice of its intention to do so at least thirty (30) days before this contract expires. -8- . 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ". .. o o o 4.10 Amendments. This contract may be amended or odified only by written agreement signed by both parties and ai1ure on the part of either party to enforce any provision of his contract shall not be construed as a.waiver of the right to ompel enforcement of such provision or provisions, nor act to elease either party from its obligations under this contract. 4.11 Contract Breached by SBRHS's Receivership, etc. ppointment of a receiver to take possession of SBRHS's assets, BRHS's general assignment for benefit of creditors, or SBRHS's 'nsolvency or taking or sUffering action under the Bankruptcy Act 's a breach of this contract. 4.l2 Notices. All notices herein required shall be in riting and delivered in person or sent by certified mail, postage repaid, addressed as follows: City of San Bernardino Director of parks, Rec. & community Services 300 North .0. street San Bernardino, CA 92418 S. B. Railroad Historical Society Attn: president P.O. BOX 389 San Bernardino, CA 92402 -9- . . 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , " o o o 4.13 Choice of Laws. This contract shall be governed nd construed in accordance with the laws of the State of alifornia. IN WITNESS WHEREOF, the Parties hereto have executed this ease and Operating Agreement on the day and year first above ritten. SAN BERNARDINO RAILROAD HISTORICAL SOCIETY, INC. BY President BY Secretary CITY OF SAN BERNARDINO BY Mayor ATTEST C~ty Clerk APPROVED AS TO FORM: BY c~ty Attorney 325l/rnn -lO- '" , . . ~URTH STREET ROCK CRQHER ~~~ "-..~-,,- TN READY MiXeD CONCRETE .... IT .";. GRADED ROCK & SAND PRODUCTS . , _.,,,..0 December 6, 1984 o o ATTACHMENT C SF/Braun Box 1401 Orange, California 92668-0401 Attention: D. Scott Brittin RE: San Bernardino Railroad Historical Society Engine 3751 Dear Mr. Brittin, Our company has an interest in pursuing a relocation of Engine Number 3751 to a point located where Fourth and Fifth Streets come together in San Bernardino, California. The details would have to be worked out between the City of San Bernardino, San Bernardino Historical Society, and ourselves so that all of our interests could be satisfied. We would be willing, upon achieving satisfactory arrangements with the parties involved, to supply $20,000 to $35,000 towards this goal. Please keep me informed. Sincerely, FOURTH STREET ROCK~::~ ~~...... C\, ~ H. Norman JOhn:o~Jr. On behalf of H. Norman Johnson, Sr. Chairman of the Board HNJ,jr/rnm . ! I.J ,'e;;r ~ .~~\\} , ~~\J . , cc: The Honorable William Holcomb Mayor of San Bernardino p,o, BOX 6490 . 1945 W, FOURTH STREET SAN BERNARDINO, CAUfORNlA 92~12 (71~) B2~3 . BB5-6B66 , L' ~ . o EXPO o o ATTACHMENT D o THE 1986 WORLD EXPOSITION MAY 2 - OCTOBER 13, 1986 VANCOUVER, BRITISH COLUMB1A, CANADA FACTS, FIGURES & HIGHLIGHTS: The Event: The 1986 World Exposition (EXPO 8~) is fully sanctioned by the 46 nation International Buteau of Expositions (B.I.E.) based in Paris. The Theme: Transporation and Communication. The Dates: May 2 to October l3, 1986. The Location: Vancouver, British Columbia - youflg yet sophisticated, vital'and vibrant, cultured and cpsmopolitan. Vancouver is Canada's gateway to the pacifip. Home to more than one million people. Vancouver is~ a major convention city and is accustomed to handling 8 to 10 million visitors a year. In addition to being the largest port on the west coast of the Americas, yancouver is the western route of the world's international airlines. ~ajor highway systems link through Vancouver. . The Site: EXPO 86 is located on 165 acres (66.5 hectares) of waterfront property in the heart of downtown Vancouver and is within easy walking distance of major hotels, theatres, restaurants and recreational facilities. ... more , Attendance:. 0 0 0 Attendance is projected for 15 million visits to the site during the six months of the Exposition. This forecast is the result of studies carried out by three independent companies. Nations of the World Invited to EXPO 86: o Up~ards of 40 nations plus Canadian Provinces and several American State governments will display their costumes, music, culture, cuisine and technology in impressive pavilions and exhibits. Multi-na~ional corporations and associations from around the world will help capture the thrill and escitement of a World Exposition. Already Committed: Already, countries representing every continent on the globe have announced their participation in the 1986 World Exposition. The committed national sections range from those in the "developtng nation" stages to established industrial nations. Special Events and Attractions: The 1986 World Exposition is part of the 100th anniversary of the City of Vancouver - a year long celebration in 1986. There will be races, regattas and rodeos plus showcase events. Visitors will enjoy musical spectaculars, film and theatre festivals, arts and science exhibits, folk fairs and sporting events. Impact: EXPO 86 will have a significant positive economic impact through, the creation of new business and jobs in the construction, hospitality and service industries. Direct incremental economic activity will total four billion dollars. EXPO 86 will create over 60,000 person years of employment (hundreds of construction jobs and thousands of seasonal employment opportunities). The 1986 World Exposition is the catalyst for the re-development of an old downtown industrial area. Many permanent facilities will remain for community use. - 3Q - For further information, contact: The 1986 World Exposition Communications Division P.O. Box 1986 Station A Vancouver, B.C. Canada V6C 2X5 Telephone: (604) 689-l986 Telex: 04-54264 , . .. ... o EXPO o (a~f August 2nd, 1984) o EXPO 86 PARTICIPANT ROSTER Britain Colombia (Orqanization of Eastern Italy Caribbean States) Republic of Korea Antigua and Barbuda Federal Republic of Germany Dominica Pakistan Grenada Czechoslovakia Montserrat St. Kitts/Nevis United Nations St. Lucia St. Vincent and the Grenadines Kuwait Kenya Canada Seneqal Saudi Arabia United States of America Peru Indonesia Australia France Ivory Coast Spain Thailand Mexico People's Republic of China Iraq Union of Soviet Socialist Republics PROVINCES STATES British Columbia Quebec Ontario Alberta Saskatchewan Northwest Territories Yukon Territory Manitoba Washinqton Oreqon CORPORATIONS Canadian Pacific Ltd. Canadian National Via Rail Royal Bank of Canada CP Air Telecom Canada Air Canada Pacific Western Airlines