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ca' T OF SAN BERNARD[ ~O - REQUI ;T FOR COUNCIL AC ,7
From:
ANNI E F. RAMOS, DIRECTOR 'REC'O. - ADMlti. ig~'8ct: RESOLUTION APPROVING AMENDMENT NO. 4
PARKS, RECREATION AND cOM~d~yr1fNst~JIC~S J 55 X~R~~~~~~~E LAKE SURA OPERATING
JANUARY 29, 1987
Dept:
Date:
Synopsis of Previous Council action: October 7,1985 - Approved proposal for negotiating a new op'erating
agreement for Seccombe Lake SURA and authorized the Parks, Recreation and Community Services
Department to forward a letter relative to the proposal to the State Parks and Recreation
Department.
July 7, 1986 - Referred Draft Amendment #4 to Seccombe Lake SURA operating agreement to the
Seccombe Lake Committee comprised of Council members Estrada, Quiel and Strickler for review
and report back to full council on July 21, 1986.
July 21, 1986 - Councilman Quiel gave the report of the Seccombe Lake Committee review to the
full council. The report was received and filed.
October 20, 1986 - Adopted Resolution 86-425 authorizing execution of Amendment #4. Subsequent
to that authorization, the Amendment was re-written to accommodate the language of the assembly
bill which approved the conditions as set forth by the City and accepted by State Parks and
Recreation Department during negotiations for the new operatin0 agreement.
Recommended motion:
Adopt the Resolution.
Contact person: Tom Boqqs
Phone: 383-5032
Supporting data attached: Staff Report and Amendment No.4
Ward: 1
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75-0262
Agenda Item No.
S'- i
~11 .. OF SAN BERNARDL..O - REQUl.;T FOR COUNCIL AC..~ON
RESOLUTION APPROVING AMENDMENT NO. 4
TO SECCOMBE LAKE SURA OPERATING
AGREEt~ENT
JANUARY 29, 1987
PAGE 2
STAFF REPORT
Amendment No.4 to the Seccombe Lake SURA operating agreement essentially represents
a new operating agreement between the City and State.
This re-written amendment was reviewed by the City Attorney, City Administrator, City
Engineer/Public Works Director and was furnished to the Mayor's Office and the Council
Seccombe Lake Committee for their review. All recommendations and requests for changes
in wording have been included in this final document.
Amendment No.4 incorporates all the items negotiated with the State by the City and
coincides with the legislation that was signed by the Governor.
It is the Department's recommendation that Amendment No.4 be approved and the
resolution adopted. Immediately after all documents are signed the documents will
be forwarded to State for their action with copies to be returned to the City for
implementation.
Justification for Placement on the Supplemental Agenda
Amendment No.4 to the Operating Agreement was received in the Parks, Recreation
and Community Services Department on January 28, 1987. This document must be approved
here and then be forwarded to State for their approval. This document and a sister
document, the Development Agreement are the last two steps for completing the final
phase construction and allowing the City to move forward with plans for property
being returned to City control. In order to be able to move on to other significant
items in this project, it is imperative that this resolution be presented before the
Mayor and Common Council at the February 2, 1987 meeting.
'.
1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AMENDMENT NO. 4 TO THE OPERATING AGREEMENT WITH THE
3 STATE OF CALIFORNIA FOR THE SECCOMBE LAKE STATE URBAN RECREATION
AREA; AND REPEALING RESOLUTION NO. 86-425.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City
8 Amendment No. 4 to the operating Agreement with the State of
9 California for the Seccombe Lake State Urban Recreation Area, a
10 copy of which is attached hereto, marked Exhibit "A" and
11 incorporated herein by reference as fully as though set forth at
12 leng th.
13 SECTION 2. Resolution No. 86-425 is hereby repealed.
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
16 Bernardino at a
meeting thereof, held on
17 the
day of
, 1987, by the following vote,
18 to wit:
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AYES:
Council Members
21 NAYS:
22 ABSENT:
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City Clerk
The foregoing resolution is hereby approved this
day
26 of
, 1987.
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Mayor of the City of San Bernardino
1/28/87
""'
1 Approved as to form:
2 ~J~O
A . / .. ..~~&~~~
3 City t torney
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1/28/87 -2-
COURT PAPER
STATE of CA.L.IFORNIA
STD 113 'REV. B.72)
8~ 34769
1
SECCOMBE LAKE STATE URBAN RECREATION AREA
2
3
OPERATING AGREEMENT
4
5
Amendment No.4
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8
9
day of
THIS AGREEMENT, made and entered into this
10 19
, by and between the STATE OF CALIFORNIA, acting through the Department
11 of Parks and Recreation, hereinafter referred to as IISTATE", and the City of
12 San Bernardino, hereinafter referred to as IILOCAL AGENCYII.
13
14 RECITALS:
15
16
1. The STATE and LOCAL GOVERNMENT entered into an Agreement on
17 September 30, 1982, amended February 10, 1983, June 16, 1983, and
18 September 20, 1983, to establish a procedure for the operation and maintenance
19 of Seccombe Lake State Urban Recreation Area.
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2. Changes in legislation, terms and conditions, and the requirements
22 of each agency have caused the parties to desire a general rewrite of the
23 Agreement.
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NOW, THEREFORE, it is hereby agreed that the Operating Agreement and
26 three amendments are amended as a whole to read as follows:
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COURT PAPER
STATE OF CAl.IFORNIA
STD. 113 (REV. 8.721
8~ 34 769
1
WIT N E SSE T H:
2
3
WHEREAS, pursuant to the provisions of Sections 5080.30 et seq. of
4 the Public Resources Code of the State of California, STATE may enter into
5 contracts with any city of the State of California for the care, maintenance,
6 and control, for the purposes of the State Park System, of lands under the
7 jurisdiction of STATE; and
8
9
WHEREAS, STATE and LOCAL AGENCY desire to enter into an Agreement to
10 provide for the care, maintenance, and control of said property described in
11 Exhibit "A" by LOCAL AGENCY on a cost sharing basis with STATE, as hereinafter
12 provided; and
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NOW, THEREFORE, in consideration of the mutual covenants herein
15 contained, the parties hereto do hereby covenant and agree as follows:
16
17
1.
(a) LOCAL AGENCY shall be responsible for the protection, care,
18
maintenance, operation, and control of the real property
19
hereinafter described in Exhibit "A" attached, which exhibit is
20
incorporated herein by reference (hereinafter sometimes
21
referred to as "said property"), for the purposes of a State
22
Urban Recreation Area in the State Park System. STATE's and
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LOCAL AGENCY's obligation under this Agreement shall not
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commence earlier than the date first above appearing, and
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unless sooner terminated as provided in this Agreement, and
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shall thereafter continue until June 30, 1991.
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2
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(b) During the period specified in Subparagraph (a) above (said
period), LOCAL AGENCY shall pay all costs of law enforcement
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relating to protecting, caring for, maintaining, controlling,
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and operating said property for said purposes including during
5
times when property is closed to the public, and STATE shall
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not, during said period, be liable for the cost of said law
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enforcement relating to said care, protection, maintenance,
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control, or operation.
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(c) During said period, LOCAL AGENCY shall also pay that portion of
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all costs (excluding cost of providing law enforcement as
provided in Subparagraph (b) above) of protecting, maintaining,
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controlling, and operating said property for said purposes in
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an amount equal to all expenses incurred by LOCAL AGENCY in the
operation of said property under LOCAL AGENCY ownership as of
June 30, 1981. Said costs have been established using the base
fiscal year July 1, 1980 through June 30, 1981 and adjusted
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annually thereafter for annual changes in the California Price
19
Index. Said costs during fiscal year 1980/81 for said property
under local jurisdiction have been established at $57,950.
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(d) During said period, STATE shall, on a pro-rata basis, reimburse
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LOCAL AGENCY all costs necessarily incurred by LOCAL AGENCY for
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protecting, maintaining, controlling, and operating said
25
property for said purposes after deducting from said costs the
26
costs contemplated to be paid by LOCAL AGENCY by
Subparagraphs (b) and (c) above in this Paragraph 1, provided
27
COURT PAPER
STATE OF' CA1..1FORNIA
STD. 113 (REV. 8.72)
8~ 34 769
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COURT PAPER
STA.TE OF CAl..lFORNIA
STD. 113 (REV. 8.721
8S 34769
that cost to be reimbursed shall be only to the extent such
costs are incurred in accordance with the approved budget
referred to in Subparagraph (e) below and only to the extent
STATE funds are specifically appropriated for such
reimbursement. During said period, the STATE's liability for
costs and reimbursements set out in this Agreement will
decrease ten (10) percent per year. The first ten (10) percent
decrease will begin July 1, 1986 through June 30, 1987. An
additional ten (10) percent decrease will begin July 1, 1987
through June 30, 1988, and will continue to decrease ten (10)
percent each fiscal year until June 30, 1991. At the
termination of this Agreement, the remaining fifty (50) percent
would be dropped and the total liability for operation and
maintenance of the park will be assumed by LOCAL AGENCY. Such
reimbursement shall be made within forty-five (45) days after
written invoice therefor has been received by STATE.
(e) Annually during the first four (4) years of said period, on or
before July 1 of each year, LOCAL AGENCY shall submit to STATE
for approval a proposed budget (in a form and detail acceptable
to STATE) for the estimated costs for protecting, maintaining,
controlling, and operating said property during the fiscal year
(July 1 through June 30) beginning the next July 1 after such
submitted date. After approval of such annual budget by STATE
and the State Department of Finance, LOCAL AGENCY shall not
increase or decrease any item of such budget for said fiscal
year or otherwise incur any costs in connection with said
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COURT PAPER
STA.TE OF CAL.IFORNIA
STD. 113 (REV 8.721
8~ 34 769
property in any amount not provided for in said approved budget
without the advance written approval of the State Director of
Parks and Recreation and the State Department of Finance, to
the extent the costs thereof are to be reimbursed by STATE
under this Agreement.
(f) Annually during the first four (4) years of said period on or
before July 1 of each year, LOCAL AGENCY shall also submit to
STATE an operations and maintenance plan for said property
including a facilities maintenance schedule for any facilities
or development located thereon in a form acceptable to STATE
for STATE approval. Said plan shall be compatible with the
General Plan for said property approved by STATE and the budget
submitted by LOCAL AGENCY for approval.
(g) All personal property, including furniture, furnishings,
supplies, automotive and office equipment, and the like,
acquired or to be acquired by LOCAL AGENCY the cost of which,
in whole or in part, is to be reimbursed or is reimbursable by
STATE under this Agreement, shall be deemed owned by LOCAL
AGENCY.
(h) In connection with any development proposed by STATE or LOCAL
AGENCY to be made on said property, LOCAL AGENCY may and STATE
may requi re LOCAL AGENCY to submit for STATE approval (1) a
written estimate of increases or decreases in costs included
with the approved or the proposed budget for said property, and
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 6.721
8" 34769
(2) written amendments to the proposed operation and management
plan both of which would be required by reason of such
development.
( . ,
1 I
For purposes of this Agreement, "law enforcement" includes but
is not limited to:
(1) Law enforcement services provided by City Police or other
security personnel;
(2) Enforcement of the applicable provisions of the Vehicle
Code, the penal laws of this state and the United States,
and the rules and regulations for said park unit;
(3) Salaries, wages, health and retirement benefits, Workers'
Compensation, vacation and sick leave, and other benefits
for employees engaged in or related to law enforcement;
(4) Training of law enforcement personnel;
(5) Uniforms and equipment, including safety equipment, for
1 aw enforcement;
(6) The defense against any liability, claims, demands,
damages, costs, expenses, and liability costs arising out
of law enforcement activities on or in connection with
said property, and the payment of any judgment arising
from any thereof;
6
COURT PAPER
STA.TE OF CALIFORNIA
STD. 113 {REV. 8.721
8~ 34 769
1
(7) Law enforcement patrol and investigative operations and
2
functions and associated support effort from initial
3
patrol response through arrest and prosecution of
4
offenders; or
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(8) Any matter incidental to or arising out of anyone or more
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of the foregoing items or out of law enforcement, whether
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or not similar or dissimilar to any of the foregoing items
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listed in this paragraph.
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2. While this Agreement is in force and effect, said property shall, at
12 all times, be accessible and subject to the use and enjoyment of all citizens
13 of the State of California, and all other persons entitled to use and enjoy
14 the same, subject, however, in the manner of such use and enjoyment, to the
15 control of LOCAL AGENCY in conformity with this Agreement. LOCAL AGENCY may
16 adopt rules and regulations for the use and enjoyment of said property. Any
17 such rules and regulations adopted by LOCAL AGENCY shall conform to and be
18 compatible with the rules and regulations adopted by STATE and generally
19 applicable to the State Park System, including said property. Said property
20 shall not be used for any other purpose than the purposes herein enumerated or
21 expressed in the General Plan.
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3.
Subject to prior approval in writing by STATE, LOCAL AGENCY may
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grant concessions in or upon said property compatible with the use by the
25 general public thereof for park and recreational purposes. The rights of the
26 public to the use and enjoyment of said property shall thereupon be limited by
27 such concession agreements. All such concessions shall be granted in
7
COURT PAPER
STATE OF CAL.IFORNIA
STD. 113 (REV. 8.721
85 34769
1 substantial compliance with Public Resources Code Sections 5080.20, 5080.33,
2 and 5080.34, and subject to the terms of this Agreement.
3
4
4.
LOCAL AGENCY shall establish a schedule for charges, fees, or
5 collections to be made by LOCAL AGENCY for services, benefits, or
6 accommodations to the general public at a level approved by STATE but limited
7 to actual needs for maintenance and operation of said property excluding cost
8 to be paid by LOCAL AGENCY under Paragraph l(b) and (c) above, and that
9 commercialization for profit shall not be engaged in by LOCAL AGENCY.
10
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All revenues (including all such charges, fees, and collections)
5.
12 received and all expenditures made by the LOCAL AGENCY in relation to
13 concessions, special services, services, benefits, or accommodations to the
14 general public, and in relation to all other matters incident to the
15 development, protection, care, maintenance, control, and operation of said
16 property shall be retained by LOCAL AGENCY for the operation and maintenance
17 of said park.
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6.
Either party may, by its own forces or by contract, undertake
20 projects for the development, construction, or improvement to said property.
21 Plans and specifications for any such project shall be submitted to the other
22 party for approval, together with estimates on the effect of such project on
23 reimbursable costs under Paragraph 1 above, on income and fees under
24 Paragraphs 4 and 5 above, or on the operations and maintenance plan referred
25 to in Paragraph l(f) above. No such project shall be commenced by either
26 party.s own forces or contracts awarded prior to other party's approval of
27 such plans and specifications. Either party has the right to disapprove such
8
1 plans, specifications, and estimates. Such development, construction, or
2 improvement shall be in accordance with the General Plan. Such plan shall
3 specifically evaluate and define the manner in which the unit is proposed to
4 be operated and shall be subject to revi ew for the determination requi red by
5 Public Resources Code Section 5080.31.
6
7 LOCAL AGENCY is the lead agency for purposes of developing and
8 completing the General Plan for said work. Such plan and any subsequent
9 amendment thereof desired by LOCAL AGENCY shall be subject to, and submitted
10 for, prior approval in writing by State Director of Parks and Recreation.
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7.
Improvements erected on said property by the LOCAL AGENCY or STATE
13 shall, upon completion, become a part of the realty and title to said
14 improvements shall vest in STATE during the term of this Agreement.
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8.
Neither party shall during the term of this Agreement, without prior
17 written approval of other party, remove, move, demolish, or alter in any
18 manner, any improvements, natural features, or accretions existing on said
19 property on the effective date of this Agreement or subsequently occurring.
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9.
If said property or portion thereof is taken by proceedings in
22 eminent domain, STATE shall receive the entire award for such taking except
23 that LOCAL AGENCY shall receive out of said award the fair market value of any
24 improvement then existing and constructed by LOCAL AGENCY (other than
25 improvement the cost of which LOCAL AGENCY has been paid or reimbursed by
26 STATE) on said property as said fair market value may be determined by said
27 proceedings taking into consideration the terms of this instrument.
COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. e.72)
8S 34769
9
1 10. LOCAL AGENCY hereby waives all liability claims and recourse against
2 STATE including the right to contribution for loss of damage to persons or
3 property arising from, growing out of, or in any way connected with or
4 incident to this agreement except liability claims arising from the concurrent
5 or sole negligence of STATE, its officers, agents, and employees.
6
7 STATE, to the extent it may legally do so and subject to the
8 availability of funds, shall indemnify, hold harmless, and defend LOCAL
9 AGENCY, its officers, agents, and employees against any and all liability
10 claims, demands, damages, costs, expenses, or costs arising out of the
11 negligent acts or omissions by STATE in respect to said property described
12 herein which liability claims, demands, or causes of action arise under
13 Government Code Section 895.2 or otherwise except for liability arising out of
14 the concurrent or sole negligence of LOCAL AGENCY, its officers, agents, or
15 employees.
16
17 In the event LOCAL AGENCY is named as co-defendant in a legal action
18 under the provisions of the Government Code Sections 895 et seq., and STATE is
19 served with process in such legal action, then STATE shall notify LOCAL AGENCY
20 of such fact and if such action relates only to negligent acts or omissions,
21 in respect to said property by STATE, then STATE shall, to the extent it may
22 legally do so and subject to availability of funds, represent LOCAL AGENCY in
23 such legal action unless LOCAL AGENCY undertakes to represent itself as
24 co-defendant in such legal action in which event LOCAL AGENCY shall bear its
25 own litigation costs, expenses, and attorney's fees.
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COURT PAPER
STA.TE OF CAL.IFORN1A
STD. 113 ,REV 8.72>
85 34769
10
1
LOCAL AGENCY, to the extent it may legally do so and subject to
2 availability of funds, shall indemnify, hold harmless, and defend STATE, its
3 officers, agents, and employees against any and all liability claims, demands,
4 damages, costs, expenses, or liability costs arising out of the acquisition,
5 development, construction, operation, or maintenance of the property described
6 herein which claims, demands, or causes of action arise under Government Code
7 Section 895.2 or otherwise except for liability arising out of the concurrent
8 or sole negligence of STATE, its officers, agents, or employees.
9
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In the event STATE is named as co-defendant in a legal action, under
11 the provisions of the Government Code Sections 895 et seq., and LOCAL AGENCY
12 is served with process in such legal action, then LOCAL AGENCY shall notify
13 STATE of such fact and if such action relates to other than negligent acts or
14 omissions, in respect to said property by STATE, LOCAL AGENCY shall represent
15 STATE in such legal action unless STATE undertakes to represent itself as
16 co-defendant in such legal action in which event STATE shall bear its own
17 litigation costs, expenses, and attorney's fees.
18
19 In the event judgment is entered against STATE and LOCAL AGENCY
20 because of the concurrent negligence of STATE and LOCAL AGENCY, their
21 officers, agents, or employees, an apportionment of liability to pay such
22 judgment shall be made by a court of competent jurisdiction. Neither party
23 shall request a jury apportionment.
24
25 11. This Agreement shall not, nor shall any interest therein or
26 thereunder, be assigned, mortgaged, hypothecated, or transferred either by
27 LOCAL AGENCY or by operation of law, nor shall LOCAL AGENCY let or sublet, or
COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV, 8.721
85 34769
11
COURT PAPER
STATE OF CAUFORNIA
STD. 113 (REV. 8.72)
85 34 769
1 grant any licenses or permits with respect to the use and occupancy of said
2 property or any portion thereof, without the written consent of STATE first
3 had and obtained.
4
5 12. The STATE, to the extent it may legally do so, (1) shall not assign,
6 mortgage, hypothecate, or transfer this Agreement, and (2) shall not let or
7 sublet, or grant any licenses or permits with respect to the use and occupancy
8 of said property or any portion thereof, without the written consent of LOCAL
9 AGENCY first had and obtained.
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11 13. Notices desired or required to be given hereunder or under any law
12 now or hereafter in effect may, at the option of the party giving same, be
13 given by enclosing the same in a sealed envelope addressed to the party for
14 whom intended and by depositing said envelope, with postage prepaid, certified
15 with return receipt requested, in the United States Post Office or any
16 substation thereof.
17
18 In the event such notice is being given to LOCAL AGENCY, such notice
19 and the envelope containing the same shall be addressed to the City of San
20 Bernardino, Department of Parks, Recreation, and Community Services,
21 300 North "011 Street, City Hall, San Bernardino, California 92418, or such
22 other place as may hereafter be designated in writing by or on behalf of LOCAL
23 AGENCY; and in the event that said notice is being sent to STATE, said notice
24 and the envelope containing the same shall be addressed to the Department of
25 Parks and Recreation, Post Office Box 942896, Sacramento, California
26 94296-0001.
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1 14. The attached Standard Form 17A is incorporated herein and the
2 reference therein to contractor shall mean LOCAL AGENCY.
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415. Discrimination against any person because of race, color, religion,
5 sex, marital status, national origin, or ancestry of that person is expressly
6 proh i bited .
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8 16. The STATE, upon termination of this Agreement, shall transfer to
9 LOCAL AGENCY, and LOCAL AGENCY will accept, fee title, together with all
10 improvements, said property described in Exhibit IIAII in the form of conveyance
11 attached hereto and incorporated herei n as Exhi bit IIBII. Immedi ately upon
12 transfer, Seccombe Lake State Urban Recreation Area shall cease to exist as a
13 unit of the State Park System and shall become a municipal park of the City of
14 San Bernardino. All costs for the operation and management of the municipal
15 park wi 11 be assumed by LOCAL AGENCY.
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17 The property described in Exhibit IIAII shall be operated, maintained,
18 and improved by the City for park purposes in perpetuity, and no other use,
19 sale, or disposition of the property shall be permitted except by specific act
20 of the Legislature.
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. B.721
8[; 34 769
13
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IN WITNESS WHEREOF, the parties have executed this instrument.
2
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4 CITY OF SAN BERNARDINO
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By
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8 Date
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ATTEST:
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16 APPROVED AS TO FORM:
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19 Date
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I-0923Q
COURT PAPER
STATE OF CAL.IFORNIA
STD. 113 (REV. 8.72)
8[; 34769 14
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
WM. S. BRINER, DIRECTOR
By
Date
COURT PAPER
STA.TE OF CA.L.IFORNIA
STD. 113 IREV 8.72)
8" 34 769
1
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EXHIBIT IIAII
3
PARCEL 1
4
Lots 5 through 18~ inclusive~ of TRACT NO. 2030, FIFTH STREET PLACE
5 SUBDIVISION~ in the County of San Bernardino, State of California~ as per plat
recorded in Book 29 of Maps, Page 49, records of said County.
6
7 PARCEL 2
8 Lots 1 through 12~ inclusive, of FIFTH STREET PLACE, UNIT NO.2, TRACT
NO. 2275, in the City of San Bernardino, County of San Bernardino, State of
9 California, as per plat recorded in Book 32 of Maps, Page 67, records of said
County.
10
11 PARCEL 3
12 Lots 1, 2, 3, 4, 7,8, and the East 209.98 feet of Lot 9 in Block 4 of the
Five Acres Survey of the RANCHO SAN BERNARDINO~ County of San Bernardino,
13 State of California, as per plat recorded in Book 7 of Maps, Page 2, records
of said County, according to the Map of the Survey of said Rancho on record in
14 the County Recorder's Office of said County.
15
PARCEL 4
16
A portion of Lot 6, Block 4, RANCHO SAN BERNARDINO, in the County of San
17 Bernardino, State of California~ as per plat recorded in Book 7 of Maps~
Page 2, records of said County~ described as follows:
18
BEGINNING at a point in the East line of said Lot 6, Block 4, of said Rancho
19 San Bernardino~ said point being in the West line of Waterman Avenue and being
391.33 feet North of the Southeast corner of said Lot 6~ Block 4. of said
20 Rancho San Bernardino; thence Northerly along the West line of Waterman Avenue
212.50 feet to the South right-of-way line of the Pacific Electric Railway
21 Company; thence Westerly along the South line of the right of way of the
Pacific Electric Railway Company, 351 feet, more or less, to a point 350 feet
22 West of the West line of Waterman Avenue to the True Point of Beginning;
thence continuing Westerly along the South line of the right of way of the
23 Pacific Electric Railway Company 50 feet, more or less, to a point 400 feet
West of the West line of Waterman Avenue; thence Southerly and parallel with
24 the West line of Waterman Avenue, 228.67 feet, more or less, to a point
391.33 feet North of the South line of said Lot 6~ Block 4~ of said Rancho San
25 Bernardino, said South line of said Lot 6, Block 4, of said Rancho San
Bernardino being the North line of Fifth Street; thence Easterly and parallel
26 with the South line of said Lot 6, Block 4, of said Rancho San Bernardino,
50 feet; thence Northerly and parallel with the West line of Waterman Avenue,
27 225 feet to the True Point of Beginning.
15
1 PARCEL 5
2 All that portion of Lot 6, Block 4, Rancho San Bernardino, in the City of San
Bernardino, County of San Bernardino, State of California, as per plat
3 recorded in Book 7 of Maps, Page 2, records of said County, as described in
that certain right of way conveyed to the San Bernardino Arrowhead and
4 Waterman Railroad Co., on September 30, 1889, in Book 104, Page 170, of Deeds,
said property being more particularly described as follows:
5
A strip of land 25 feet in width, being a portion of Lots 5 and 6 in said
6 Block 4, described as follows:
7 Commencing at the point of intersection of the centerline of location of said
railroad with the East boundary line fence of said Lot 6, at a point known as
8 Station 18+63; thence running North along said fence 12-5/10 feet; thence
Westerly 12.5 feet from and parallel to said centerline of location, a
9 distance of 391-9/10 feet to the West boundary line fence of said Lot 5, in
said Block; thence South along said fence 25 feet to a point 6 feet North of
10 the Southwest corner of said Lot 5; thence Easterly 12.5 feet from and
parallel to said centerline of location, a distance of 391-9/10 feet to the
11 said East boundary line fence of said Lot 6; thence North 12-5/10 feet to the
place of beginning.
12
EXCEPTING THEREFROM any portion which may be included within the following
13 described property:
14 All that certain piece or parcel of land being a portion of Lot 6, Block 4,
Rancho San Bernardino, as per plat recorded in Book 7 of Maps, Page 2, records
15 of the County Recorder of San Bernardino County, and being more particularly
described as follows, to-wit:
16
Beginning at a point in the East line of said Lot 6, Block 4, of said Rancho
17 San Bernardino, said point being in the West line of Waterman Avenue and being
391.33 feet North of the Southeast corner of said Lot 6, Block 4, of said
18 Rancho San Bernardino; thence Northerly along the West line of Waterman Avenue
212.50 feet to the South right-of-way line of the Pacific Electric Railway
19 Company; thence Westerly along the South right-of-way line of the Pacific
Electric Railway Company; 401.25 feet, more or less, to a point 400 feet West
20 of the West line of Waterman Avenue; thence Southerly and parallel with the
West line of Waterman Avenue, 228.67 feet, more or less, to a point
21 391.33 feet North of the South line of said Lot 6, Block 4, of said Rancho San
Bernardino, said South line of said Lot 6, Block 4, of said Rancho San
22 Bernardino being the North line of Fifth Street; thence Easterly and parallel
with the South line of said Lot 6, Block 4, of said Rancho San Bernardino,
23 400 feet to the point of beginning.
24 ALSO EXCEPTING THEREFROM any portion which may be included within the
following described property:
25
All that portion of Lot 6, Block 4, Rancho San Bernardino, as per plat
26 recorded in Book 7 of Maps, Page 2, records of said County, described as
follows:
27
COURT PAPER
STA.TE OF CALIFORNIA
STD. 113 (REV. 8.72)
8~ 34 769
16
COURT PAPER
STATE OF CAL.IFORNI....
STD. 113 (REV 8.72)
85 34769
'I
1 PARCEL 5 (continued)
2 BEGINNING at the Northwest corner of said Lot 6, Block 4, of said Rancho San
Bernardino; thence Southerly along the East line of said Lot 6 to the
3 Northerly right-of-way line of the Pacific Electric Railway Company; thence
Westerly along said Northerly right-of-way line of the Pacific Electric
4 Railway Company to the North line of said Lot 6, Block 4, of said Rancho San
Bernardino; thence Easterly along said North line of said Lot 6, Block 4, of
5 said Rancho San Bernardino to the point of beginning.
6 Said parcel of land being further described as all that portion of Lot 6,
Block 4, of said Rancho San Bernardino lying North of the Northerly
7 right-of-way line of the Pacific Electric Railway Company.
8 ALSO EXCEPTING THEREFROM all that portion lying within Lot 5 of said Block 4.
9
PARCEL 6
10
All that portion of Lot 5, Block 4, Rancho San Bernardino, in the City of San
11 Bernardino, County of San Bernardino, State of California, as per plat
recorded in Book 7 of Maps, Page 2, records of said County, lying within that
12 certain strip of land, 25 feet in width, as described in that certain grant of
right of way to San Bernardino Arrowhead and Waterman Railway Co., by Deed
13 recorded on September 30, 1889, in Book 104, Page 170, of Deeds.
14 EXCEPTING THEREFROM all that portion as described as all that portion of
Lot 5, Block 4, Rancho San Bernardino, in the City of San Bernardino, County
15 of San Bernardino, State of California, as per plat recorded in Book 7 of
Maps, Page 2, records of said County, described as follows:
16
Beginning at a point on the Northerly line of said Block 4, a distance of
17 400 feet Westerly from the Northeast corner thereof, said Northeast corner
being also on the intersection of the Westerly line of Waterman Avenue and the
18 Southerly line of Seventh Street, as shown on the Map of said Tract; thence
along the Southerly line of said Seventh Street, North 890 291 47" West
19 58.56 feet; thence South 00 181 40" West 633.77 feet; thence
South 890 451 40" East 58.68 feet to a point which lies
20 North 890 451 40" West, a distance of 400 feet from the Easterly line of
said Block 4; thence North 00 171 59" East 633.50 feet to the point of
21 begi nni ng.
22 ALSO EXCEPTING THEREFROM that portion of Lots 5 and 6, of Block 4, Rancho San
Bernardino, in the City of San Bernardino, County of San Bernardino, State of
23 California, as per plat recorded in Book 7 of Maps, Page 2, records of said
County, described as follows:
24
COMMENCE at the intersection of the East line of said Lot 6, with the
25 Northerly right of way line of the Pacific Electric Railway Company; thence
North along the East line of said Lots 6 and 5, a distance of 641 feet to the
26 Northeast corner of said Lot 5; thence West along the North line of said
Lot 5, a distance of 400 feet; thence South parallel with the East line of
27 said Lot 5, to a point on said Northerly right of way line of the Pacific
Electric Railway Company; thence Easterly along the Northerly right of way
line to the point of beginning.
17
1 PARCEL 7
2 All that portion of Lot 5, Block 4, Rancho San Bernardino, in the City of San
Bernardino, County of San Bernardino, State of California, as per plat
3 recorded in Book 7 of Maps, Page 2, records of said County, described as
follows:
4
Beginning at a point on the Northerly line of said Block 4, a distance of
5 400 feet Westerly from the Northeast corner thereof, said Northeast corner
being also on the intersection of the Westerly line of Waterman Avenue and the
6 Southerly line of Seventh Street, as shown on the Map of said Tract; thence
along the Southerly line of said Seventh Street, North 890 29' 47" West
7 58.56 feet; thence South 00 18' 40" West 633.77 feet; thence
South 890 45' 40" East 58.68 feet to a point which lies
8 North 890 451 40" West, a distance of 400 feet from the Easterly line of
said Block 4; thence North 00 171 59" East 633.50 feet to the point of
9 beginning.
10
PARCEL 8
11
Lugo Avenue 60.00 feet wide as delineated on the Map of Tract 2030, in the
12 County of San Bernardino, State of California, as per plat recorded in Book 29
of Maps, Page 49, records of said County, lying between the South line of
13 Sixth Street and the North line of Fifth Street.
14
PARCEL 9
15
Lot A also known as Dillon Alley as delineated on the Map of Tract 2030, in
16 the County of San Bernardino, State of California, as per plat recorded in
Book 29 of Maps, Page 49, records of said County, lying between the South line
17 of Sixth Street and the North line of Fifth Street.
18
19
20
21
22
23
24
25
26
27
I-0923Q
COURT PAPER
STATE OF CA.L.IFORNIA
STD 113 ,REV 8-72)
85 34769
18
NONDISCRIMINATION CLAUSE
(OCP - 1)
1. During the performance of this contractJ contractor and its
subcontractors shall not unlawfully discriminate against any
employee or applicant for employment because of raceJ reli-
gionJ colorJ national originJ ancestrYJ physical handicaPJ
medical conditionJ marital statusJ age (over 40) or sex.
Contractors and subcontractors shall insure that the evalua-
tion and treatment of their employees and applicants for
employment are free of such discrimination. Contractors and
subcontractors shall complY with the provisions of the Fair
Employment and Housing Act (Government CodeJ Section 12900
et seg.) and the applicable regulations promulgated thereunder
(California Administrative CodeJ Title 2J Section 7285.0 et
seq.). The applicable regulations of the Fair Employment and
Housing Commission imQlementing Government CodeJ Section l2990J
set forth in Chopter 5 of Division 4 of Title 2 of the Co i-
fornia Administrative Code are incorporated into this contract
by reference and made a part hereof as if set forth in full.
Contractor and its subcontractors shall give written notice of
their obligations under this clause to labor organizations with
which they have a collective bargaining or other agreement.
2. This contractor shall include the nondiscrimination and com-
pliance provisions of this; clause in all subcontracts to perform
work under the contract. '
STD. 17A (NEW 5-83)