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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.
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S.B.R.H.S.
PROJECT 3751
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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
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S.B.R.H.S.
PROJECT 3751
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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.
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~.B.R.H.S.
PROJECT 3751
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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.
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S.B.R.H.S.
PROJECT 3751
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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
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SAN BeRNARDINO RAIL~~D
J../ISTDRIC.AL SOClE.TY INC,.
GUlOANCE. PLA IV
LOCOMaTIVE. 375/-NIJNEZI1lI?K.
NO, ,0 SCALE.
8 JAN 1985
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this
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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
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as WCityW), and the SAN BERNARDINO RAILROAD HISTORICAL SOCIETY, a
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California corporation organized under the nonprofit public benefit
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corporation law of California, (hereinafter referred to as wSBRHSW)
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d"1t'AU4 M 6.JI
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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.
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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. '
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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.
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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.
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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
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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.
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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.
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15 3. Operation.
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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
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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.
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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.
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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.
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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.
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23 4. General provisions.
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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.
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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.
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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.
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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.
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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
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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,
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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
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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.
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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
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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
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~URTH STREET ROCK CRQHER
~~~ "-..~-,,-
TN READY MiXeD CONCRETE
.... IT .";. GRADED ROCK & SAND PRODUCTS
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_.,,,..0 December 6, 1984
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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
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EXPO
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ATTACHMENT D
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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
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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
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EXPO
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(a~f August 2nd, 1984)
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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