HomeMy WebLinkAbout18-Parks & Recreation
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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.
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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.
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CI'" OF SAN BERNARDI" - REQUEe FOR COUNCIL AC"'N
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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.
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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:
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WIT N E SSE T H:
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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.
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(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.
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(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
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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~
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!-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
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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
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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
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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
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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.
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(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
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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.
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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
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property shall be retained by LOCAL AGENC~ for the operation and maintenance
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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
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specifically evaluate and define the manner in which the unit is proposed to
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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
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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,
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costs, expenses, or liability costs arising out of the acquisition,
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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
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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
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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.
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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
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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.
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14. The attached Standard Form ~ is incorporated herein and the
reference therein to contractor shall mean LOCAL AGENCY.
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15. Discrimination against any person because of race, color, religion,.,
sex, marital status, national origin, or ancestry of that person is expressly
prohibited.
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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
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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.
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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
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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.
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}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:
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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.
.
"
.
.
.
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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)
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