Loading...
HomeMy WebLinkAbout18-Parks & Recreation . . . CI'" OF SAN BERNARDI~ - REQUE. FOR COUNCIL AC From: ANNIE F. RAMOS. DIRECTOR REC'D.-AOHIN. ~t: PARKS. RECREATION & COMMU~385f Mn~E~!1 3: 35 JUNE 25, 1986 APPROVAL OF DRAFT AMENDMENT NO. 4 TO SECCOMBE LAKE SURA OPERATING AGREEMENT Dept: Date: Synopsis of Previous Council action: October 7. 1985 - Approved proposal for negotiating a new operating 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. Recommended motion: That the Draft Amendment No.4 to the Seccombe Lake SURA Operating Agreement be reviewed by the appropriate Committee. a-;),~ . .# . u#Y Sig ture Contact person: Annip R;::tmn~ Phone: ~mn Supporting data attached: Staff Rppnrt and Ampndmpnt Nn 4 Ward: 1 FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: 75-0262 Agenda Item No. I~ - - - - . . CI'" OF SAN BERNARDI" - REQUEe FOR COUNCIL AC"'N ~ STAFF REPORT Amendment No.4 to the Seccombe Lake SURA Operating Agreement essentially repre- sents a new operating agreement between the City and State. Amendment No.4 incorporates all the items negotiated with the State by the City and coincides with the legislation that was passed by the Assembly. That legis- lation is now being brought before the Senate Committee on Appropriations in pre- paration for presentation to the Senate. The Amendment has been reviewed by the City Administrator, City Attorney, and Public Works Director. No changes were recommended by any of the reviewers. However, this Department staff recommends some minor changes to the wording for clarification which does not change the content of the agreement. Recommended changes are indicated on the Agreement pages as follows: Page 3, Paragraph (C) Page 12, Paragraph 13 State changes are indicated on Pages 4, 8,11, and 12. On Page 8, the State had changed the word "retained" to "shared." We recommend that it be changed back to "retained"," as that is an essential part of our negotiated agreement with the State. It is the Department's recommendation that the Draft Amendment No.4 be reviewed by the appropYiate Committee and approved as noted above. Upon approval, the document will be forwarded back to the State for final processing. 15-0264 . . . . ~-Oq~~~ " , . SECC~~BE LAKE STATE URBAN RECREATION AREA OPERATING AGREEMENT Amendment No. 4 THIS AGREEMENT, made and entered into this day of , 19 ,by and between the STATE OF CALIFORNIA, acting through the Department of Parks and Recreation, hereinafter referred to as . STATE" , and the City of San Bernardino, hereinafter referred to as "LOCAL AGENCY". RECITALS: 1. The STATE and LOCAL GOVERNMENT entered into an Agreement on September 30, 1982, amended February 10, 1983, June 16, 1983, and September 20, 1983, to establish a procedure for the operation and maintenance of the Seccombe Lake State Urban Recreation Area. 2. Changes in legislation, terms and conditions, and the requirements of each agency have caused the parties to desire a general rewrite of the Agreement. , NOW, THEREFORE, it is hereby agreed that the Operating Ag~ement and three amendments are amended as a whole to read as follows: / ~ ~ --- - , . . . . . WIT N E SSE T H: ---------- WHEREAS, pursuant to the provisions of Sections 5080.30 et seq. of the Public Resources Code of the State of California, STATE may enter into contracts with any city of the State of California for the care, maintenance, and control, for the purposes of the State Park System, of lands under the jurisdiction of STATE; and WHEREAS, STATE and LOCAL AGENCY desire to enter into an Agreement to provide for the care, maintenance, and control of said property described in Exhibit "A" by LOCAL AGENCY on a cost sharing basis with STATE, as hereinafter provi ded; and NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto do hereby covenant and agree as follows: 1. (a) LOCAL AGENCY shall be responsible for the protection, care, maintenance, operation, and control 'of the real property hereinafter described in Exhibit "A" attached, which exhibit is incorporated herein by reference (hereinafter sometimes referred to as "said property"), for the purposes of a State Urban Recreation Area in the State Park System. STATE's and LOCAL AGENCY's obligation under this Agreement shall not commence earlier than the date first above appearing, and unless sooner terminated as provided in this Agreeme~t, and shall thereafter continue until June 30, 1991. ~ -2- , . . - - . . . (b) During the period specified in Subparagraph (a) above (said period), LOCAL AGENCY shall pay all costs of law enforcement relating to protecting, caring for, maintaining, controlling, and operating said property for said purposes including during times when property is closed to the public and STATE shall not, during said period, be liable for the cost of said law enforcement relating to said care, protection, maintenance, control, or operation. . (c) During said period, LOCAL AGENCY shall also pay that 'portion of all costs (excluding cost of providing law enforcement as provided in Subparagraph (b) above) of protecting, maintaining. controlling, and operating said property for said purposes in an amount equal to all expenses incurred by LOCAL AGENCY in the ft.:: p"';f.,,,!"( j;.,jtl i/( /l'II . (.7.d(.I-\..... ~(-~~.fI7.:~'c., d~/t~", operation ofl\said property,,'s.aj,I1,.io~ts hav""j)e~-stiiliit~ 'vsfng-:'-A.he=lmse' fiscal year July 1. 1980 through June 30. 1981 and adjusted annually thereafter for annual changes in the , 1'}1 1) nlia ..it' ();, f;'.A^' ....... I; -t-" Y 1'1.. . f.;r(._'~'.I"~L C 1" f " P" I d '^ T ^ '.r, ,It ,..L ,,0',/ cvu..-t; 'l a 1 ornla rlce n ex. ~~v V<1..,L.' I, . I . I~ ;Q,/!,1. ,g 1411 IIA,:!, '~.,-r:';' vj- !'-h.<l/l/t..{, tutIL.\ h.cU I'v~,d. t. (r~ j,t"-- !-I.l Jo-faJtj.!:f aJ #5~950. (d) During said period, STATE shall. on a pro-rata basis. reimburse LOCAL AGENCY all costs necessarily incurred by LOCAL AGENCY for protecting. maintaining. controlling. and operating said property for said purposes after deducting from said costs the costs contemplated to be paid by LOCAL AGENCY by Subparagraphs (b) and (c) above in this Paragraph 1.4provided that cost to be reimbursed shall be only to the extent such costs are incurred in accordance with the approved budget -3- - . - - . . . 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. 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 June 30 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 property in any amount not provided for in said approved budget without the advance written approval of the State Director of r l -<.Lt.. Jfi1 r<- ,;I,t"ta-t.'., e...- ;.- V,e ,C,N'J'-I'-k Parks and Recreation,,' to the extent the costs thereof. aie to be reimbur~ed by STATE under this Agreement. Concurrently herewith, LOCAL AGENCY shall submit such a budget for the -, -4- , . . . . . period beginning on the effective date of this Agreement through the fiscal year ending June 30, 1986. (f) Concurrently herewith, and annually thereafter, LOCAL AGENCY shall 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 require 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 (2) written amendments to the proposed operation and management plan both of which would be required by reason of su~ development. '. -5- - - . . . . . (i) For purposes of this Agreement, "law enforcement" includes but is not 1 imited 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, ~nd 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 law 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; 4. (7) Law enforcement patrol and investigative operations and functions and associated support effort from initial -. -6- . . . . . . patrol response through arrest and prosecution of offenders; or (8) Any matter incidental to or arising out of anyone or more of the foregoing items or out of law enforcement, whether or not similar or dissimilar to any of the foregoing items listed in this paragraph. 2. While this Agreement is in force and effect, said property shall, at all times, be accessible and subject to the use and enjoyment of all citizens of the State of California, and all other persons entitled to use and enjoy the same, subject, however, in the manner of such use and enjoyment, to the control of LOCAL AGENCY in conformity with this Agreement. LOCAL AGENCY may adopt rules and regulations for the use and enjoyment of said property. Any such rules and regulations adopted by LOCAL AGENCY shall conform to and be compatible with the rules and regulations adopted by STATE and generally applicable to the State Park System, including said property. Said property shall not be used for any other purpose than the purposes herein enumerated or expressed in the General Plan. 3. Subject to prior approval in writing by STATE, LOCAL AGENCY may grant concessions in or upon said property compatible with the use by the general public thereof for park and recreational purposes. The rights of the public to the use and enjoyment of said property shall thereupon be limited by such concession agreements. All such concessions shall be granted ;n substantial compliance with Public Resources Code Sections 5080.20, 5080.33, and 5080.34, and subject to the terms of this Agreement. ~ -~ . . . . . . 4. LOCAL AGENCY shall establish a schedule for charges, fees, or collections to be made by LOCAL AGENCY for services, benefits, or accommodations to the general public at a level approved by STATE but limited to actual needs for maintenance and operation of said property excluding cost to be paid by LOCAL AGENCY under Paragraph l(b) and (c) above, and that commercialization for profit shall not be engaged in by LOCAL AGENCY. 5. All revenues (including all such charges, fees, and collections) received and all expenditures made by the LOCAL AGENCY in relation to concessions, special services, services; benefits, or accommodations to the general public, and in relation to all other matters incident to the development, protection, care, maintenance, control, and op~ration of said ~Jj...(.....r"'::'-' property shall be retained by LOCAL AGENC~ for the operation and maintenance L~'J( of said park. 6. Either party may, by its own forces or by contract. undertake projects for the development. construction. or improvement to said property. Plans and specifications for any such project shall be submitted to the other party for approval. together with estimates on the effect of such project on reimbursable costs under Paragraph 1 above. on income and fees under Paragraphs 4 and 5 above, or on the operations and maintenance plan referred to in Paragraph l(f) above. No such project shall be commenced by either party's own forces or contracts awarded prior to other party's approval of such plans and specifications. Either party has the right to disapprove such plans. specifications. and estimates. Such development. constructi&n, or improvement shall be in accordance with the General Plan. Such plan shall ~ specifically evaluate and define the manner in which the unit is proposed to -8- . . . . . be operated and shall be subject to review for the determination required by Public Resources Code Section 5080.31. LOCAL AGENCY is the lead agency for purposes of developing and completing the General Plan for said work. Such plan and any subsequent amendment thereof desired by LOCAL AGENCY shall be subject to, and submitted for, prior approval in writing by State Director of Parks and Recreation. 7. Improvements erected on said property by the LOCAL AGENCY or STATE shall, upon completion, become a part of the realty and title to said improvements shall vest in STATE during the term of this Agreement. 8. Neither party shall during the term of this Agreement, without prior written approval of other party, remove, move, demolish, or alter in any manner, any improvements, natural features, or accretions existing on said property on the effective date of this Agreement or subsequently occurring. 9. If said property or portion thereof is taken by proceedings in eminent domain, STATE shall receive the entire award for such taking except that LOCAL AGENCY shall receive out of said award the fair market value of any improvement then existing and constructed by LOCAL AGENCY (other than improvement the cost of which LOCAL AGENCY has been paid or reimbursed by STATE) on said property as said fair market value may be determined by said proceedings taking into consideration the terms of this instrument. 4. 10. LOCAL AGENCY hereby waives all liability claims and recourse against STATE including the right to contribution for loss of damage to persons or -~ - .......- - n~ . . . . . property arising from, growing out of, or in any way connected with or incident to this agreement except claims arising from the concurrent or sole negligence of STATE, its officers, agents, and employees. STATE, to the extent it may legally do so and subject to the availability of funds, shall indemnify, hold harmless, and defend LOCAL AGENCY, its officers, agents, and employees against any and all claims, demands, damages, costs, expenses, or l~ability costs arising out of the negligent acts or omissions by STATE in respect to said property described herein which claims, demands, or causes of action arise under Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of LOCAL AGENCY, its officers, agents, o~ employees. In the event LOCAL AGENCY is named as co-defendant in a legal action under the provisions of the Government Code Sections 895 et seq., and STATE is served with process in such legal action, then STATE shall notify LOCAL AGENCY of such fact and if such action relates only to negligent acts or omissions, in respect to said property by STATE, then STATE shall, to the extent it may legally do so and subject to availability of funds, represent LOCAL AGENCY in such legal action unless LOCAL AGENCY undertakes to represent itself as co-defendant in such legal action in which event LOCAL AGENCY shall bear its own litigation costs, expenses, and attorney's fees. LOCAL AGENCY, to the extent it may legally do so and subject to availability of funds, shall indemnify, hold harmless, and defend S1l\TE, its officers, agents, and employees against any and all claims, demands, damages, , costs, expenses, or liability costs arising out of the acquisition, -10- - ~ - - - . . . . . development, construction, operation, or maintenance of the property described herein which claims, demands, or causes of action arise under Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of STATE, its officers, agents, or employees. In the event STATE is named as co-defendant in a legal action, under E;( the provisions of the Government Code Sections.~et seq., and LOCAL AGENCY is served with process in such legal action, then LOCAL AGENCY shall notify STATE of such fact and if such action relates to other than negligent acts or . - omissions, in respect to said property by STATE, LOCAL AGENCY shall represent STATE in such legal action unless STATE undertakes to represent itself as co-defendant in such legal action in which event STATE shall bear its own litigation costs, expenses, and attorney's fees. In the event judgment is entered against STATE and LOCAL AGENCY because of the'concurrent negligence of STATE and LOCAL AGENCY, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. II. This Agreement shall not, nor shall any interest therein or thereunder, be assigned, mortgaged, hypothecated, or transferred either by LOCAL AGENCY or by operation of law, nor shall LOCAL AGENCY let or sublet, or grant any licenses or permits with respect to the use and occupancy of said property or any portion thereof, without the written consent of ST~E first had and obtained. ~ -11- ... -~ -- -- ----- . .. . . . 12. The STATE, to the extent it may legally do so, (1) shall not assign, mortgage, hypothecate, or transfer this Agreement, and (2) shall not let or sublet, or grant any licenses or permits with respect to the use and occupancy of said property or any portion thereof, without the written consent of LOCAL AGENCY first had and obtained. 13. Notices desired or required to be given hereunder or under any law now or hereafter in effect may, at the option of the party giving same, be given by enclosing the same in a sealed envelope addressed to the party for whom intended and by depositing said envelope, with postage prepa.id, certified with return receipt requested, in the United States Post Office or any substation thereof. In the event such notice is being given to LOCAL AGENCY, such notice and the envelope containing the same shall be addressed to the City of San J " - -' I (4. -~;;'I IN' '. ," ,." . I,,: ,-,'C. ,. -.,. Bernardino, Department of Parks)1tfftt-Recreatio~, 300 North "on Street, City Hall, San Bernardino, California 92418, or such other place as may hereafter be designated in writing by or on behalf of LOCAL AGENCY; and in the event that said notice is being sent to STATE, said notice and the envelope containing the same shall be addressed to the Department of Parks and Recreation, Post Office Box 2390, Sacramento, California 95811. 11/r 14. The attached Standard Form ~ is incorporated herein and the reference therein to contractor shall mean LOCAL AGENCY. 4. 15. Discrimination against any person because of race, color, religion,., sex, marital status, national origin, or ancestry of that person is expressly prohibited. -12- . . - - - - . . . 16. The STATE, upon termination of this Agreement, shall transfer in fee, together with all improvements, said property described in Exhibit "An to LOCAL AGENCY. Immediately upon transfer, all costs for operation and management of the park will be assumed by LOCAL AGENCY. IN WITNESS WHEREOF, the parties have executed this instrument. CITY OF SAN BERNARDINO STATE OF CALIFORNIA DEPARTMENl OF PARKS AND RECREATION WM. S. BRINER, DIRECTOR By By Date Date ATTEST: APPROVED AS TO FORM: Date t ., I-0923Q -13- . . . . EXHIBIT -A- PARC EL 1 Lots 5 through 18, inclusive, of TRACT NO. 2030, FIFTH STREET PLACE 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. PARCEL 2 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 California, as per plat recorded in Book 32 of Maps, Page 67, records of said County. PARCEL 3 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, 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 the County Recorder's Office of said County. PARCEL 4 A portion of Lot 6, Block 4, RANCHO SAN BERNARDINO, in the County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, Page 2, records of said County, described as follows: BEGINNING at a point in the East line of said Lot 6, Block 4, of said Rancho 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 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 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 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 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 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 Bernardino, said South line of said Lot 6, Block 4, of said Rancho ~8n 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, 50 feet; thence Northerly and parallel with the West line of Waterman Avenue,- 225 feet to the True Point of Beginning. -14- . . . . . PARCEL 5 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 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- Waterman Railroad Co., on September 30, 1889, in Book 104, Page 170, of Deeds, said property being more particularly described as follows: A strip of land 25 feet in width, being a portion of Lots 5 and 6 in said Block 4, described as follows: Corrmencing 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 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 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 the Southwest corner of said Lot 5; thence Easterly 12.5 feet fro~ and parallel to said centerline of location, a distance of 391-9/10 feet to the said East boundary line fence of said Lot 6; thence North 12-5/10 feet to the place of beginning. EXCEPTING THEREFROM any portion which may be included within the following described property: All that certain piece or parcel of land being a portion of Lot 6, 8lock 4, Rancho San Bernardino, as per plat recorded-in Book 7 of Maps, Page 2, records of the County Recorder of San Bernardino County, and being more particularly described as f~110W5, to-wit: Beginning at a point in the East line of said Lot 6, Block 4, of said Rancho 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 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 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 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 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 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, 400 feet to the point of beginning_ ALSO EXCEPTING THEREFROM any portion which may be included within the following described property: 4. All that portion of Lot 6, Block 4, Rancho San Bernardino, as per plat recorded in Book 7 of Maps, Page 2, records of said County, described as fo 11 ows: -, -15- - , . . . . . PARCEL 5 (continued) 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 Northerly right-of-way line of the Pacific Electric Railway Company; thence Westerly along said Northerly right-of-way line of the Pacific Electric Railway Company to the North line of said Lot 6, Block 4, of said Rancho San Bernardino; thence Easterly a.long said North line of said Lot 6, Block 4, of said Rancho San Bernardino to the point of beginning. 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 right-of-way line of the Pacific Electric Railway Company. ALSO EXCEPTING THEREFROM all that portion lying within Lot S of said Block 4. PARCEL Y<t Lugo Avenue 60.00 feet wide as delineated on the Map of Tract 2030, in 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 of Sixth Street and the North line of Fifth Street. PARCEL J/ r~ Lot A also known as Dillon Alley as delineated on the Map of Tract 2030, in the County of San Bernardino, State of California, as per plat recorded in Book 29 of Map~, Page 49, records of said County, lying between the South line of Sixth Street and the North line of Fifth Street. 1-092:lQ .. ~ -16- . . ! ~ flt~UL {,:. . }l.ll 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 recorded in Book 7 of Maps, page 2, records of said County, lying within that certain strip of land, 25 feet in ~Iidth, as described in that certain grant of right of way to San Bernardino Arrowhead and Waterman Railway Co., by Deed recorded on September 30, 1889, in Book 104, page 170, of Deeds. EXCEPTING THEREf'ROM all that portion as described as 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 recorded in Book 7 of Maps, page 2, records of said County, described as follows: " < I , , i . , Beginning at a point on the Northerly line of said Block 4, a distance of 400 feet Westerly from the Northp.ast"corner thereof, said Northeast corner being also on the intersection of the Westerly line of Waterman Avenue and the Southerly line of Seventn Street, as snown on tne Map or sal.a 'J:racq thence along the Southerly line of said Seventh Street, " North 890 29' 47" West 58.56 feet, thence South 0'" 18' 40" West 633.77 feet, thence South 890 45' 40" East 58.68 feet to a point which lies North 890 45' 40" West, a distance of 400 feet from the Easterly line of said Block 4, thence North 00 17' 59" East 633.50 feet to the point of oe9inn1ng. 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 California, as per plat recorded in Book 7 of Maps, page 2, records of said County, described as follows: COMMENCE at the intersection of the East line of said Lot 6, with the 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 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 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. 7. PARCEL NO. W. "I 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 recorded in Book 7 of Maps, page 2, records of said County, described as follows: Beginning at a point on the Northerly line of said Block 4, a distance of 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 Southerly line of Seventh Street, as sho'lIn on the Map of said Tract; thence along the Southerly line of said Seventh Street, North 890 29' 47" West 5B.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 North 690 45' 40" West, a di~tance of 400 feet from the Easterly line of said Block ~1 th{'IIce North 00 :t7' <;'}" Ei'lst 633.'i0 ft\et: to th.-, pdn':: o~ b::ginnlilg. . " . . . . . NONDISCRIMINATION CLAUSE (OCP - 1) 1. During the performance of this contract. contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race. reli- gion. color. national origin. ancestry. physical handicap. medical condition. marital status. 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 Code. Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code. Title 2. Section 7285.0 et seQ.). The applicable regulations of the Fair Employment and Housing Commission im~lementing Government Code. Section 12990. set forth in Chapter 5 of Division 4 of Title 2 of the Ca 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 8-83) - - - ,r-----:-- . ~~l_~~~_TH[E'~. '. ~ . 1'----:- HI > <( o '? :) .J :.. ..~:":"".. ET 1"...... . . :::::::::t .',':::::::::11 .' . .' . '. '':, ::::::::::~ . .... ..: ~~:-::::'.,. . . . I...:....~..... ~ . '. .... :: :::::::::::: a .............. .............. D', .' (. { ...J.n~lHntnnn~~jl . .'. 0 .' ) L, ~ ~ ~ ~ ~ ~ ~ 1@)~ \ ~ ~ I ' . . c' E ~:J." [(d{J' R Y. I ijjjjjj~~i~T~j~~>I";~;W~' 0:' ". .'. D' r~~~~~~~~~~~~~~~~~~ 'i.~:~ifO{" ':iOf:?.:J I :'" . .................... ..~... ": ~..,:I;..~ . . . - J................:::: ".; .:!::~. ~: ,_. - r ..,.- . ---- c.::.:=--=.: ":::~:::::::::::....:1'.'.; "'::":.':, "'-.l~a 13 . ,...., '.. ...) . ..... ,." --, ". .... ~ I .... '.'-':~ . ...... .- ~ ~ i "'~:~;g:;;;,;;;i[7Jj~,;> n;Wi:Uim!W~:: '; X,'j!:'.ifS:! @: ~/., .:::::::::::~:::::::::::.~"; ::: :'s90::::.::::::::::::::: ';'/~It! '.' <,':0" ~~ ~ :::: ::':::::;.::~ :::i:::::' .:; .... :": .:~ ~:~~::::::::::::::.;:::: 7:' ">:\LV/:'" :r:~~' 6; ;,;;': .::::::::~-:-::::::::::::::::::::::::::. ..:::::::':::::::::::::::::::::::: . '.~, ..:, :U' ::::::::: ::::::::::::::::::::::::::::.:::::: ; ;.~': ~ ~: ~ ~ ~:~~ ~~ :~~~::: ~:: ~: ~~ ~: . \....;.r~J "'F . . '" ,. " .. . . .. ....(IcD. .. .. ..... . .. .. . . .. ...k.............. 28 .. . . : W ~:m:iWWw~. mi.' ..t',.n::: .:';i:~'::' . -~ ~-JI . .,...........,.. ..................,..,... ........................., . .,. ":--..~.~. -.' ~ 61n ST ...., '.::: ~::: ~ ~ ~ ~: ~: ~ ~::: ~~.~ ~: ~ ~ ~~i~r W~; ~~:: . ..... ,..........................~^-SEMENT......~.. ,/ S .::::: ::::::::::::::::::::: ::.::.::.: :::::::::: :::.. :~'" "- ) ::. .. ~ :::::::::::::...::::::;::.::::::::::::::::.::::: ~ ;.... :: :?:'!f .::::::::::::@::::::::i:::::::"::;;':::::::: .; .. ...............~.......I'................... ~ :?:L =u!!!!!!!!!!!)~W!!!!W!!!!UnnU!U!!!U ii: . .:, __. . ...... . ... . ... .. . ... .... ..... ....... .... '" ::1 ............................................... ~ . . . .... . . . . . .. . . . . . . . . . . . . . . . . . . . . .. .. . . . .. . . .. . . . . . . I . . . . ... . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . :::::=::::::::::::::::::::::::::::::::::::~:::::: . -< ". :::::::':::::::::::::::::::::::::..:::::::::::::':: ::!I .":: . -.............................. ....,............ "1 .. . ..................................~.,............. - ";. .............................,...................... : .' ::::::::::::::::::::::::::::::::::::::::::::::: : =p . . . . I::T JEWISH CEMETERY \ PIONEER w > <3; r CEMETERY >- <( ;; .~ --.J T . ':. '.' . --.: . Z' ., <t ::.:; 0: W I- <( :.:: :';:::'.. WARD STF , . . . '.. si rlEl::,. - ;. . l 5th . . .-. :.: '1 ~'~,:"' '.1 .' ." '.. . '. . 1<.1 ~ ILl > <t '4 o bJ > ..J ::> !\ z .q: '. w u o 0: ... '. . '. . .EY1! ff~'-