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HomeMy WebLinkAbout12491 , 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 \or I- I RESOLUTION NO. l.g4'f/ RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A TRUST AGREEMENT WITH NINETEEN NAMED PERSONS RELATING TO THE TRI-CENTENNIAL COMMISSION. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is authorized and directed to execute on behalf of said City a Trust Agreement with Vern Potter, Barbara Potter, Larry Harvey, Evelyn Harvey, Louis M. Press, Thelma Press, William Coleman, Monique Coleman, W. R. "Bob" Holcomb, Penny Holcomb, Christian Harris, Iva Harris, Gerald Stoops, Beverly Stoops, Phil McCririe, Janet McCririe, Warner Hodgdon, Sharon Hodgdon and Don Harris relating to the Tri-Centennia1 Commission, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length when the follow- ing have been accomplished in the following order: 1. The sum of one thousand dollars ($1,000.00) has been paid to the City pursuant to the provisions of said agreement, and 2. The said agreement has been duly executed by the said trustors after the delivery of the aforesaid sum of one thousand dollars ($1,000.00). I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino, at a A'j1/<hM held on the /9 day of ;:ljt vote, to wit: meeting thereof , 1976, by the following , Councilmen /~ -1"~-4 )t("~..~ A"', ~d~ . ~L~_ ~fl~""'4S >:7- A~. ~A,hn~ #A77H77Af'PJ I ,j' 1 AYES: 2 3 NAYS: 4 ABSENT: 5 6 7 8 9 . I %;;6f.:""t.f..t I hereby approve the foregoing resolution this --:?_.:f..I. day of fl~ 10 11 12 13 14 15 Hi 17 18 19 20 21 22 23 24 25 26 27 28 , 1976. Bernar 1IlO - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 B 14 15 16 17 18 19 20 21 22 23 j 24 25 26 27 28 I~, TRUST AGREEMENT (tri-centennial celebration) "T'H THIS TRUST AGREEMENT is entered into this ~,- day of "qVG-f/J T , 1976, by and between VERN~POTTER and BARBARA POTTER, husband and wife, LARRY HARVEY and EVELYN HARVEY, husband and wife, LOUIS M. PRESS and THELMA PRESS, husband and wife, WILLIAM COLEMAN and MONIQUE COLEMAN, husband and wife, W. R. "BOB" HOLCOMB and PENNY HOLCOMB, husband and wife, CHRISTIAN HARRIS and IVA HARRIS, husband and wife, GERALD STOOPS and BEVERLY STOOPS, husband and wife, PHIL McCRIRIE and JANET McCRIRIE, husband and wife, WARNER HODGDON and SHARON HODGDON, husband and wife, and DON HARRIS, as Trustors, and the CITY OF SAN BERNARDINO, a municipal corporation, as Trustee. WIT N E SSE T H: WHEREAS, each husband and wife hereinabove specified as Trustors desire to transfer and deliver to the Trustee the sum of one hundred dollars ($100.00), and Don Harris, as Trustor, desires to transfer and deliver the sum of one hundred dollars ($100.00) for a total sum of one thousand dollars ($1,000.00) which said sum is to be maintained and invested at interest with all interest accumulating thereon until the time of distribution as provided herein; and WHEREAS, it is anticipated that said sum will grow and increase until by the year 2076 A.D. it will be approximately $250,000.00; and WHEREAS, Trustors desire to make said transfer and Trustee desires to accept said funds upon the terms and conditions here- inafter set forth, 1 NOW, THEREFORE, it is agreed as follows: 2 1. Trustors have transferred and delivered the sum of 3 one thousand dollars ($1,000.00) to Trustee to be held in trust 4 until the year 2076 A.D. Receipt of said sum is hereby 5 acknowledged by Trustee. 6 2. Trustee shall maintain said sum of one thousand dollars 7 ($1,000.00) in an interest bearing account, certificate of deposit 8 or other like account or instrument with a bank, savings and loan 9 association or other like financial institution located in the 10 City of San Bernardino, California. The Santa Fe Federal Savings 11 and Loan Association, San Bernardino, California, or its successor 12 in interest, is hereby designated as the initial depositary for 13 said funds. 14 3. Said funds shall be maintained by Trustee intact with 15 all interest accumulating and drawing interest until January 1, 16 2076 A. D. 17 4. On January 2, 2076, A.D., Trustee shall distribute the 18 total sum so held in trust to the San Bernardino Tri-Centennial 19 Commission or equivalent organization as hereinafter provided for 20 the sole and exclusive purpose of promoting the Tri-Centennial 21 celebration of the City of San Bernardino during the year of 22 2076 A.D. 23 5. An original Tri-Centennial advisory committee comprised 24 of the nineteen (19) Trustors is hereby established for the sole 25 purpose of meeting every ten years after the date of this agree- 26 ment, reviewing the progress of the invested funds, and maintain- 27 ing interest in the Tri-Centennial celebration. In the event of 28 the resignation of an advisory committee member from the advisory -2- r . ." 1 committee, or in the event of his demise during the term hereof, 2 then the Mayor and Common Council of the City of San Bernardino 3 shall appoint replacement successor committee members based upon 4 the following order of preference: 5 (a) Lineal descendants of the original Trustors in order 6 of degrees of relationship; 7 (b) Other relatives of the original Trustors; 8 (c) Any other person. 9 The determination of the Mayor and Common Council of the 10 City of San Bernardino as Trustee with respect to the appointment 11 of successor committee members shall be final and conclusive. 12 6. On July 1, 2075, the then existing and appointed 13 successors in interest to the original Trustors shall meet and 14 form the City of San Bernardino Tri-Centennial Commission or 15 equivalent organization for the purpose of organizing and promul- 16 gating the Tri-centennial celebration during the year 2076 within 17 the City of San Bernardino. 18 7. The Commission formed, pursuant to paragraph 6 herein- 19 above, shall administer the funds accumulated by the Trustee and 20 the Trustee shall distribute and make said accumulated funds 21 available for said purposes; provided, however, the Trustee shall 22 control the expenditure of said funds to insure that the benefits 23 therefrom, and that all expenditures thereof, are in and for the 24 public interest of the City of San Bernardino Tri-Centennial 25 celebration. 26 8. This trust shall terminate on December 31, 2076. Any 27 funds not expended shall be transferred to the Treasury of the 28 City of San Bernardino and used for general municipal purposes. -3- .' 1 9. This trust shall be irrevocable and shall not be sub- 2 ject to amendment, alteration and the Trustors hereby charge, 3 release and relinquish all right, title and interest in the funds 4 transferred hereunder and all accumulated interest. All manage- 5 mentand control of the corpus of the trust and all accumulated 6 income shall be at all times vested entirely in the Trustee. 7 10. The Trustee shall not receive any compensation for its 8 services hereunder, it being agreed and understood that the 9 services of the Trustee are provided in consideration of the pro- 10 motion of the Tri-Centennial celebration for the City of San 11 Bernardino. 12 11. This trust has been accepted by Trustee and will be 13 administered in the State of California, and its validity, con- 1. struction and all rights thereunder shall be governed by the laws 15 of that state. If any provision of this Trust Agreement shall be Hi invalid or unenforceable, the remaining provisions thereof shall 22 23 24 25 26 27 28 17 continue to be fully effective. 18 12. The provisions of this agreement shall inure to and 19 benefit the heirs, administrators, executors and assigns of the 20 parties hereto and also be exclusively of benefit to the residents 21 and citizens of the City of San Bernardino. Trustee have executed this Trust 4V6-?'ST , 1976. ~~~ Barbara Potter ~;:L Larr Harv;~/' -4- I "". I. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Q:~ Don Harris 15 1fi 17 ~<Y1r I!i~/ enny 0 co ~#d/"7~ Iva Harris ~ / / . ; 4~4 .LJl <J ) ~erl~ooPs / fl:~Lt 1JZr r;~'.J , J et McCr~rJ.e ~~~hJ fWrj~ s'aron Hodgdon TRUSTEE 18 ATTEST: CITY OF 19 20 ~' .'7, /l ::C:~~1'<k ^~W;' /' 21 22 23 24 2S 26 27 28 / / / / / -5- / / / / / 10 11 12 1 STATE OF CALIFORNIA ) ss 2 COUNTY OF SAN BERNARDINO) 3 8'-' 6- .2.~-'?'i , 1976, before me, a Notary On 4 Public in and for said County and State, personally appeared 5 VERN~POTTER known to me to be the person whose name is subscribed 6 to the within instrument and acknowledged that he executed 7 the same. 8 WITNESS my hand and official seal. 9 ".-",..."""""".,,..,.....,-""-"""""-. i JUDITH A. WHITNEY j i NOTARY PUBLIC i ~ SAN BERNARDINO COUNTY ~ ~ CALIFORNIA! ~ My Commission Expires November 14, 1978 ~ IIlmmnUllMlIIIII"'lUIIIIIIlIIUIIIllIUlIllIlUlIUllllIHIIlImIIlflIlIIIIlIlUIIIH'IHItlHII'KIII"IIIA ~~tt C2tJLd;:;; NO;:afY~Ub11C .1n a'n<C to, sa1d ( . County and State/ , // " My Commission expires 13 \ 14 STATE OF CALIFORNIA ) : SSe 13 COUNTY OF SAN BERNARDINO) 16 17 18 19 20 21 22 23 24 25 26 27 28 On --9 u c;... ~t; , 1976, before me, a Notary Public in and for said County and State, personally appeared BARBARA POTTER known to me to be the person whose name is subscri - ed to the within instrument and acknowledged that she executed the same. WITNESS my hand and official seal. t""11.lllIllmlllnnnOUIIUmmRmlIlUltllllI.lIl1llllllnnIllIHII'....m'mn_n_. ~ e JUDITH A. WHITNEY ~ ~ NOTARY PUBLIC ~ ~ . SAN BERNARDINO COUNTY ~ i CALIFORNIA ~ I My Commission Expires Nove,nber 14, 1978 I li'<I4I1IIU"'''"I11.....",mullmUII''''"llllllllmmllllUlUUIIlIIU'''U'''''U",,''II111HlUllll"'...;; My commission expires -6- 1 i I 'STATE OF CALIFORNIA ss. 2 COUNTY OF SAN BERNARDINO l -rr:;; On ,/9v 6- ~ S..,. - J..4 , 1976, before me, a Notary 3 4 Public in and for said County and state, personally appeared 5 LARRY HARVEY known to me to be the person whose name is subscribed 6 to the within instrument and acknowledged that he executed 7 the same. 8 WITNESS my hand and official seal. 9 i:._lMll'"'U.IlftlI'.'-"'- ~ it) E. G. WEBSTER ~ ' NOTARY PUBUC ~ . .',0' SAN I3EHNARDltlO COUNTY ~ '. - CALlFORNlA i My CommiSllion Expires January 28. 1919 l'lNlIllIQIIIItlUIUIIllUlIlIlmI\H~1Ml1Jl11Ul My Commission expires 1"" ) .t?~ N~t~i.n an for said County and State 10 11 12 13 14 15 l . ss. l ;l? ~ , 1976, before me, a Notary STATE OF CALIFORNIA 16 COUNTY OF SAN BERNARDINO On t9vt>....;r 17 18 Public in and for said County and State, personally appeared 19 EVELYN HARVEY known to me to be the person whose name is subscribe 20 to the within instrument and acknowledged that she executed 21 the same. 22 23 24 25 WITNESS my hand and official seal. ~-@"'."''''''''.''"'''._'''''''''-,.,-~'''''"''-"''''~''''.., . .. E. G. WEDSTER E i ",. NorARV PUBLIC ~ I . :.' ',:;~. SAN Bf.:RN:\H:)lNO COUNTY I . . CALlFORrllA i I My Commission Expires January 28. 1979 i i..IIIll"IUtIIH.__IItlIJlNWIUI_m-.IK""'""_lOIl1ln_..... .~~~ Notary Public in and for County and State sa~d 26 My Commission expires 27 28 -7- 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 STATE OF CALIFORNIA ) ,. ss. COUNTY OF SAN BERNARDINO) On ~v6(J.J::r -7-b ~, 1976, before me, a Notary Public in and fOr said County and State, personally appeared LOUIS M. PRESS known to me to be the person whose name is subscri - ed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. ,~~ 'Notary Public in and for said County and State ~, E. G. waoJi.- ;>., ('f., NOU-lIr Put!lIC "-:'1):~;};~ SAN Da~r'M':~;NO-COUNn 'i,." C'\Llfol'lNIA MV Commission Expires lallUOry 21. 1979 lIlftlll~1I My Commission exp~res STATE OF CALIFORNIA ) lOSS. COUNTY OF SAN BERNARDINO ) On ,/l v 6- (;./.;?- - >i5 r:f , 1976, before me, a Notary Public in and for said County and State, personally appeared THELMA PRESS known to me to be the person whose name is subscribe to the within instrument and acknowledged that she executed the same. WITNESS my hand and official seal. ""mIIHJlIIIlWlHlIltllUlllUllttlI_ltUlAmlltllllllllllmllllllllIlUlUlIlIJffIll_1 . E. G. WEBSTER ~ , NOTARY PUBLIC ; ',' SAN BERNARDINO COUNTY I CAllfORN1A ; MV Commission Expires January 28. 1979 I IIl1UlIIll,~nmmllUll\~~ I My Commission expires N~~c{~r county and State Sa~d -8- 1 2 3 4 5 6 7 8 9 10 11 1l 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA l . ss. l ;J--/; "hf , 1976, before me, a Notary COUNTY OF SAN BERNARDINO On 8v O-vJ'T Public in and for said County and State, personally appeared WILLIAM COLEMAN known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my ~d and I~'~~.n .. CALIfORNIA ",~:~~!:=~~~:?..:8:~1;'9 My Commission expires official seal. ~~- Notary Publ~c ~n and for County and State sa~d COUNTY OF l SAN BERNARDINO l /9~ a. v.sr - ~~ r'f, 1976, before me, a Notary STATE OF CALIFORNIA ss. On Public in and for said County and state, personally appeared MONIQUE COLEMAN known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same. WITNESS my hand and official seal. r*""~PIlUl1lUllllll"-II'Ulllnrn"1l1n',"MJ"III'''''U'"'J ~ . E. G. WEi3STER~' ~ . NOTARY PUBLIC ~ ..' SAN BCliNARDfNO COUNTY i ;. CALIFORNIA ["'~~"~~~~~~::~:''':~1~'~~1:~,:..~~~~,~979 ~~ Notary Publ~c ~n and for County and State sa~d My Commission expires -9- 24 2S 26 27 28 1 [I II .Ii 11 .i! 1i II I STATE ss. 2 ) . . COUNTY OF SAN BERNARDINO ) OF CALIFORNIA 3 ..,,] ~J~ J3 and for said , 1976, before me, a Notary County and State, personally appeared On 4 Public in S W. R. "BOB" HOLCOMB known to me to be the person whose name 6 is subscribed to the within instrument and acknowledged that he 7 executed the same. 8 WITNESS my hand and official seal. p= 9 10 OFFICIA~ SEAL 8,' ...... GLORIA T. BROWN , . NOTARY PUBLIC I. SAN BERNARDINO CO., CALIF. I .' My commission expl... ].\1.17 /f~.. 'c7!L N~l~C ~n and for said County and State 11 12 13 14 My commission expires . IS STATE OF CALIFORNIA ) 16 17 ss. COUNTY OF SAN BERNARDINO ) ~ .).3- , 1976, before me, a Notary and for said County and State, personally appeared On 18 Public in 19 PENNY HOLCOMB known to me to be the person whose name is subscrib- 20 ed to the within instrument and acknowledged that she executed 21 the same. 22 WITNESS my hand and official seal. 23 'Q)"'_ . OFFICIAL SEAL . GLORIA T. BROWN i. C> : ; NOTARY PUBLIC . .., SAN BERNARDINO CO., CALIF. I. My commission expires h17.71 (/ . Q;~(r~ Notary Pu ~c ~n an or Sa~ County and State' My Commission expires . -10- . , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 i I I I STATE i I ) . COUNTY OF SAN BERNARDINO ) On ~v 6 t/I'r OF CALIFORNIA ss. '-6 "'7 , 1976, before me, a Notary Public in and for said County and State, personally appeared CHRISTIAN HARRIS known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. ~~'-' L' G.\VUJf.. j tg.~;~t~ NOTflrij'y-PU8tfC , ~:K,,~, SAN BCfiN.\IlOfNo COUNTY , c.",;;V CAliFORNIA ~ My Commission Expires January 28. 1911 ' My....C5~'t'(j'j't"~exp:f'reS"- N~~sa1d County and State . STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On /7.v6-V.r T -:;l.. C. -nr 1976 b f N t ~ ' , e ore me, a 0 ary Public in and for said County and State, personally appeared IVA HARRIS known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same. WITNESS my hand and official seal. !IIII11lHllllllllllllllllllllllM__",,"IIIIHIllH.. ,,1I'"~..... i ~"" E. G. WEBSTER i ., ...,.' ~' NOTAR't' PUBlfC ~ t><:,,'..' SAN BERN"RDll'IO CP\JNTV ii', ,Cl\l.lFORNiA " ' ',: My CommisaidW_ Januarv" 19"' .""""""'''''lI'IH~~ ~" -,' ,/' .~./ , . / z:- Notary ;ubrf~~<:~~t~~~';~1d County and State My Commission expires . -11- , ',' 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 COUNTY OF ) . ss. SAN BERNARDINO ) /9c/6-e./)r-~~ 1976, before me, a Notary STATE OF CALIFORNIA On Public in and for said County and State, personally appeared GERALD STOOPS known to me to be the person whose name is subscribe ~o the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. ~lll1MlIIIlIlItIt1'HUnIIIIlII.........-\lIlfDIIlMItIWfl-lXIIlli ~ €t" E. G. WEBSTER i =; NOTARY PUElLIC I , SAN BERNARDINO COUNTY i l CALIFORNIA i ~~~ ~~~~_,~nu~ 28, 191~, I My Commission expires ~~' Notary Publ~c ~n and tor sa~d County and State STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On )?V6.<?f/ - ~ rf, 1976, before me, a Notary Public in and for said County and State, personally appeared BEVERLY STOOPS known to me to be the person whose name is subs crib ed to the within, instrument and acknowledged that she executed the same. WITNESS my hand and official seal. ~-."'--'~-"-'---~"""""""""'l i " E. G. WEBSTER i 1'. NOTARy PUBLIC i " ,.:'~ SAN BERNARDINO COUNTY ! . ,,' CALIFORNIA I ~~~~~:'~~~"~I~~~ar:_~~,::J ~ Notary Pu hc ~n and for sa~d County and State My Commission expires -12- ~"-",.~,~, ~ . . ,.....--.......----- I I . I 1 2 COUNTY OF ) : ss SAN BERNARDINO ) ;::!t/6- v5 'r _ -U- Y7' , , 1976, before me, a Notary STATE OF CALIFORNIA 3 On 4 Public in and for said county and State, personally appeared 5 PHIL McCRIRIE known to me to be the person whose name is subscrib- 6 ed to the within instrument and acknowledged that he executed 7 the same. 8 9 10 WITNESS my hand and official seal. ~.......-w'ln_.MIIllJll~. ' ~ e' E. G. WEBSTER ~' NOTAIH '1,lj;lC I, ' . SAN B~llfHR,Q' ~l . CALiFO . . l&vcommisaiO~~~~~" IttIn........-1IIIl1...-- My Commission expires saJ.d 11 ~~ Notary Public in and for County and State 12 13 14 IS 16 COUNTY OF ) . ss. SAN BERNARDINO ) /"9v 6 ~Jr -'rC ~ , 1976, before me, a Notary STATE OF CALIFORNIA 17 On 18 Public in and for said County and State, personally appeared 19 JANET McCRIRIE known to me to be the person whose name is subscrib 20 ed to the within instrument and acknowledged that she executed 21 the same. 22 23 24 WITNESS my hand and official seal. -"', I), E. Q,waNt. : NOfllllY il"~,ll; ,.' SAN Bli:IlNAIli:!IH\I r!i!1i'ifl . CAlJfl#l1>l11l . . ., CenlmissiIlQ.Exlll~ _ij "d~ . ~~) ~,L,* rrota;Y-p~iiC J.n ~ sa:Ld. County and State 25 26 27 28 -,' My Commission expires . -13- '. 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 . STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On /It/6-?'~T.")'''6 ~ , 1976, before me, a Notary Public in and for said County and State, personally appeared WARNER HODGDON known to me to be the person whose name is subscrib ed to the within instrument 'and acknowledged that he executed the same. WITNESS my hand and nmlllftll'ld-'-:' I R", ...-"....",II~~ ~ JUDI1H '- W"ITN'" , ~ NOTARY PUBLIC ~ i I> . SAN BERNAROINO COUNTY ~ 5 CALIFORNIA ~ I My Commission Expires November 14, 1978 i E _.~_,..IUItIIlIIIIlIUII\llIIIIlIlllUllllllI..a ~"UIIUIIIIIVIUllllllllUIlllll",mMlIlIlllllllll1lml......- official seal. My Commission expires . srATE OF CALIFORNIA ) ss COUNTY OF SAN ,BERNARDINO ) On ~v(J.?'.r;r - r-~ ~ , 1976, before me, a Notary Public in and for said County and State, personally appeared SHARON HODGDON known to me to be the person whose name is subscrib ed to the within instrument and acknowledged that she executed the same. WITNESS my hand and official seal. ~.."".,,-- Eo Go WEBSTER NO rMlY PUBt..iC 4\" SAN 8ERNAROlOO COUNTY ~ CALli ORNlA I My \;o.il:~lss:on Expires Jenuary 28, In1S ~I\llllllltltlllUllllfl""lIll1l"ll11111.1litllltttlUlllllllllttIlM_""'-" :j;ft~JfO: County and State sa~<l My Commission expires -14- __--wy-- -.. 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 . STATE OF CALIFORNIA ) : 55. COUNTY OF SAN BERNARDINO ) -A On 1lt/6 V sT - ~(; , 1976, before me, a Notary Public in and for said County and State, personally appeared DON HARRIS known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. ~""l"nl,,,,-,,,,,,,,_"'_""'I u_--",II\11IIU,",1 ~ - E. -G. WEBSTER i ,,_~" NOTARY PUBLIC" ,. ~ t!l~"7-,-...e..- SAN BERNARDINO ."COUNTY I -<':.:& CALIFORNIA ! lit ~ Expires January IS, tm ~ My commission expires N~~ sa~d County and State . , ~