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CIT'()oF SAN BERNARDltO - REQUEO' FOR COUNCI
From: ANN IE F. RAMOS. DIRECTOR Subject: RESOLUTION APPROVING AMENDMENT NO. 4
TO SECCOMBE LAKE SURA OPERATING
Dept: PARKS. RECREATION AND COMMUNITY SERVICES AGREEMENT
Date: OCTOBER 7. 1986
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.
July 7. 1986 _ Referred Draft Amendment #4 to Seccombe Lake SURA operatin9 agreement
to the Seccombe Lake Committee comprised of Council members Estrada, Quiel and
Strickler for review and report back to full council on July 21. 1986.
July 21. 1986 _ Councilman Quiel gave the report of the Seccombe Lake Committee
review to the full council. The report was received and filed.
Recommen(jed motion:
Adopt the resolution.
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Signature
Contact person:
Annie F. Ramos
Phone: 383-5030
Supporting data attached: Staff Report and Amendment No.4
Ward: 1
FUNDING REQUIREMENTS:
Amount:
_ Source:
Finance:
Council Notes:
75-0262
Agenda Item No. ,/7~
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CI'IC OF SAN BERNARDIC>> - REQUIIC)T FOR COUNCIL ACOoN
STAFF REPORT
Amendment No.4 to the Seccombe Lake SURA Operating Agreement essentially
represents 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 signed by the Governor.
It also includes all changes requested by this Department during final draft
of the Amendment. No changes have occured since the final draft was reviewed
by the Seccombe Lake Committee.
It is the Department's recommendation that Amendment No.4 be approved and
the resolution adopted. Immediately after all documents are signed the
documents will be forwarded to State for their action with copies to be re-
turned to the City for implementation.
75-0264
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF. AMENDMENT NO. 4 TO THE OPERATING AGREEMENT WITH THE
3 STATE OF CALIFORNIA FOR THE SECCOMBE LAKE STATE URBAN RECREATION
AREA.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City
8 Amendment No. 4 to the Operating Agreement with the State of
9 California for the Seccombe Lake State Urban Recreation Area, a
10 copy of which is attached hereto, marked Exhibit MAM and
11 incorporated herein by reference as fully as though set forth at
12 length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a
meeting thereof, held on
16 the
day of
, 1986, by the following vote,
17 to wit:
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AYES:
Council Members
20 NAYS:
21 ABSENT:
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City Clerk
The foregoing resolution is hereby approved this
day
25 of
, 1986.
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Approved as to form:
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Mayor of the City of San Bernardi.no
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SECCOMBE LAKE STATE URBAN RECREATION AREA
OPERATING AGREEMENT
Amendment No. ~.
THIS AGREEMENT, made and entered into this
day of
, hy and between the STATE OF CALIFORNIA, acting through the Department
11 of Parks and Recreation, hereinafter referred to as "STATE", and the City of
12 San Bernardino, hereinafter referred to as "LOCAL AGENCY".
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14 REC ITALS :
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1.
The STATE and LOCAL GOVERNMENT entered into an Agreement on
17 September 30, 19B?, amended February 10, 19B3, June 16, 1983, and
18 September 20, 19113, to establish a procedure for the operation and maintenance
19 of the Seccombe Lake State Urban Recreation Area.
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Changes in legislation, terms and conditions, and the requirements
22 of each agency have caused the parti es to desi re a general rewrite of the
23 Agreement.
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25 NOW, THEREFORE, it is hereby agreed that the Operating Agreement and
26 three amendments are amended as a whole to read as follows:
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COURT PAPER
STATE QF CAl"lFORl'/lA
STD \-13 IHEV 0.12-.
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ST"'TE OF' C...L'''ORNI^
STO 113 ,REV 8.12'
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WIT N E SSE T H:
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WHEREAS, pursuant to the provisions of Sections 5080.30 et Sl''l. of
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the Public Resources Code of the State of California, STATE may enter into
contracts with any city of the State of California fo~ the care, maintenance,
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11 Exhibit II All by
12 provided; and
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14 NOW,
15 conta i nerl, the
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6 and control, for the purposes of the State Park System, of lands under the
7 jurisrliction of STATE; and
WHEREAS, STATE and LOC AL AGENCY des ire to enter into an Agreement to
10 provirle for the care, maintenance, and control of said property described in
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LOCAL AGENCY on a cost sharing basis with STATE, as hereinafter
THEREFORE, in consideration of the mutual covenants herein
parties hereto do hereby covenant and agree as follows:
(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 exhihit 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 Agreement, and
shall thereafter continue until June 30, 1991.
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STATE 0' CA1..IFOllHIA
STD \ 13 IRE...._ 0.72,
8534769
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(b) During the period specified in Subparagraph (a) above (said
peri od), LOCAL AGENCY shall pay a 11 costs of 1 aw 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
en forcement re 1 at i ng to sa i d ca re, protec ti on, ma i ntena nce ,
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
operation of said property under LOCAL AGENCY ownership as of
June 30, 1981. Said costs have been established using the base
fiscal year July 1, 1980 through June 30, 1981 and adjusted
annually thereafter for annual changes in the California Price
Index. Said costs during fiscal year 1980/B1 for said property
under local jurisdiction have been established at $57,950.
(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 contempl a ted to be pa i d by LOCAL AGENCY by
Subparagraphs (b) and (c) above in this Paragraph 1, provided
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COURT PAPER
ST"TE 01' CALII'ORNIA
STD. 113 (REV. 6.7ZI
as 34769
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that cost to be reimbursed shall be only to the extent such
costs are incurred in accordance with the approved budget
referred to in Subparagraph (e) below and only to the extent
STATE funds are specifically appropriated for such
re imbu rsement. Duri ng sa i d peri od, the STATE's 1 i abil ity for
costs and reimbursements set Ollt in th is Agreement wi 11
decrease ten (10) percent per year. The first ten (10) percent
decrease will begin July 1, 19B6 through June 30, 19B? At the
termination of this Agreement, the remaining fifty (50) percent
would be dropped and the total liability for operation and
ma intenance 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.
Annually during the first four (4) years of said period, on or
before July 1 of each year, LOCAL AGENCY shall submit to STATE
for approval a proposed budget (in a form and detail acceptable
to STATE) for the estimated costs for protecting, maintaining,
controlling, and operating said property during the fiscal year
(July 1 through June 30) beginning the next July 1 after such
suhmitted 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 amoul't not provided for in said approved budget
without the advance written approval of the State Director of
Parks and Recreation and the State Department of Finance, to
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COURT PAPER
STATE or CALIFORNIA
STD 113 (RF.V. 6.721
U!iJ4J69
the extent the costs thereof are to be reimbursed by STATE
under this Agreement.
(1) Annually during the first four (4) years of said period on or
before July 1 of each year, LOCAL AGENCY shall al so submit to
STATE an operations and mainte1ance plan for said property
including a facilities maintenance schedule for any facilities
or deve 1 opment located thereon in a form accepta bl e 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 such
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, and other benefits
for employees en gaged in or rel ated to 1 aw enforcement;
(4) Training of law enforcement personnel;
(5) Uniforms and equipment, including safety equipment, for
1 aw en forcement;
(6) The defense against any liability, claims, demands,
damages, costs, expenses, and liability costs arising out
of law enforcement ac ti v iti es on or in connec ti on with
said property, and the. payment of any judgment arising
from any t hereo f;
(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
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(8) Any matter incidental to or arising out of anyone or more
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of the foregoing items or out of law enforcement, whether
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or not similar or dissimilar to any of the foregoing items
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listed in this paragraph.
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Whil e this Agreement is in force and effect, said property shall, at
10 all times, be accessible and subject to the use and enjoyment of all citizens
11 of the State of California, and all other persons entitled to use and enjoy
12 the sam~, subject, however, in the manner of such use and enjoyment, to the
13 contro 1 0 f LOCAL AGENCY in con formi ty wi th thi s Agreement. LOCAL AGENCY may
14 adopt rules and regulations for the use and enjoyment of said property. Any
15 such rules and regulations adopted by LOCAL AGENCY shall conform to and be
16 compatible witl1 the rules and regulations adopted by STATE and generally
17 applicable to the State Park System, including said property. Said property
18 sl1all not be userl for any other purpose than the purposes herein enumerated or
19 expressed in tile Genera 1 Pl an.
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Subject to prior approval in writing by STATE, LOCAL AGENCY may
22 grant concessions in or upon said property compatible with the use by the
23 general public thereof for park and recreational purposes.. The rights of the
24 public to the IJse and enjoyment of said property shall thereupon be limited by
25 such concession agreements. All such concessions shall be granted in
26 suhstantial compliance with Public Resources Code Sections 5080.20, 5080.33,
27 and 50BO.34, and subject to the terms of this Agreement.
COURT PAPER
STATE 01" CALlI"ORH1"
STD. 113 IREV, 8.721
B534769
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LOCAL AGENCY shall establish a schedule for charges, fees, or
2 collections to be made by LOCAL AGENCY for services, henefits, or
3 acconmodations to the general public at a level approved by STATE but limited
4 to actual needs for mai ntenance and operation of said property excluding cost
5 to be paid by LOCAL AGENCY under Paragraph l(b) and (c) above, and that
6 conmercialization for profit shall not be engaged in by LOCAL AGENCY.
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All revenues (including all such charges, fees, and collections)
9 received and all expenditures made by the LOCAL AGENCY in relation to
10 concessions, special services, services, benefits, or acconmodations to the
11 general public, and in relation to all other matters incident to the
12 development, protection, care, maintenance, control, and operation of said
13 property shall be retained by LOCAL AGENCY for the operation and mai ntenance
14 of said park.
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Either party may, by its own forces or by contract, undertake
17 projects for the development, construction, or improvement to said property.
18 Pl ans and spec ifi cat ions for any such proj ec t s ha 11 be submitted to the other
19 party for approval, together with estimates on the effect of s~ch project on
20 reimbursabl e costs under Paragraph 1 above, on income and fees under
21 Paragraphs 4 and 5 above, or on the operations and mai ntenance plan referred
22 to in Paragraph 1(f) above. No such project shall be conmenced by either
23 party's own forces or contracts awarded prior to other party's approval of
24 such plans and specifications. Either party has the right to disapprove such
25 plans, specifications, and estimate". Such development, construction, or
26 improvement shall be in accordance with the General Plan. Such plan shall
27 specifically evaluate and define the manner in which the unit is proposed to
COURT PAPER
STATE 01" CAI..IFOI'INI"
STO '13 IREV, 6.72'
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1 he operated and shall be subject to review for the determination required by
2 Public Resources Code Section 50BO.31.
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LOCAL AGENCY is the lead agency for purposes of developing and
5 completing the General Plan for said work. Such plan and any subsequent
6 amendment thereof desired by LOCAL AGENCY shall be subject to, and submitted
7 for, prior approval in writing by State Director of Parks and Recreation.
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Improvements erected on said property by the LOCAL AGENCY or STATE
10 shall, upon completion, become a part of the realty and title to said
11 improvements shall vest in STATE during the term of this Agreement.
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Neither party shall during the term of this Agreement, without prior
14 written approval of other party, remove, move, demolish, or alter in any
15 manner, any improvements, natural features, or accretions existing on said
16 property on the effective date of this Agreement or subsequently occurring.
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If said property or portion thereof is taken by proceedings in
19 eminent domain, STATE shall receive the entire award for such taking except
20 that LOCAL AGENCY shall receive out of said award the fair market value of any
21 improvement then exi sti ng and constructed by LOCAL AGENCY (other than
22 improvement the cost of which LOCAL AGENCY has been paid or reimbursed by
23 STATE) on said property as said fair market value may be determined by said
24 proceedings taking into consideration the terms of this instrument.
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26 10. LOCAL AGENCY hereby waives all liability claims and recourse against
27 STATE including the right to contribution for loss of damage to persons or
COURT PAPER
STATe 0.. C:AL.'''ORNIA
STO. ,,3 lREV, 8.721
6534769
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COURT PAPER
STATE 0.. CALIFORNIA
STD_ 113 (REV. 8.72.
8534169
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property arising from, growing out of, or in any way connected with or
incident to this agreement except liability 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 liability
claims, demands, damages, costs, expenses, or costs arising out of the
negligent acts or omissions by STATE in respect to said property described
herein which liability claims, demands, or causes of action arise under
Government Code Section B95.2 or otherwise except for liability arising out of
the concu rrent or so 1 e negl i gence 0 f LOC AL AGENCY, its 0 ffi cers, agents, or
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
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. of such fact and if such action relates only to negligent acts or omissions,
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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
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such legal action unless LOCAL AGENCY undertakes to represent itself as
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co-defennant in such legal action in which event LOCAL AGENCY shall bear its
own litigation costs, expenses, and attorney's fees.
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LOCAL AGENCY, to the extent it may legally do so and subject to
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availability of funds, shall indemnify, hold harmless, and defend STATE, its
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officers, agents, and employees against any and all liability claims, demands,
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1 damages, costs, expenses, or liability costs arising out of the acquisition,
2 development, construction, operation, or mai ntenance of the property described
3 herein which claims, demands, or causes of action arise under Government Code
4 Section B95.2 or otherwise except for liability arising out of the concurrent
5 or sole negligence of STATE, its officers, agents, or employees.
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In the event STATE is named as co-defendant in a legal action, under
8 the provisions of the Government Code Sections 895 et seq., and LOCAL AGENCY
9 is served with process in such legal action, then LOCAL AGENCY shall notify
10 STATE of such fact and if such action relates to other than negligent acts or
11 omissions, in respect to said property by STATE, LOCAL AGENCY shall represent
12 STATE in such legal action unless STATE undertakes to represent itself as
13 co-defendant in such legal action in which event STATE shall bear its own
14 litigation costs, expenses, and attorney's fees.
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In the event judgment is entered against STATE and LOCAL AGENCY
17 because of the concurrent negligence of STATE and LOCAL AGENCY, their
18 officers, agents, or employees, an apportionment of liability to pay such
19 judgment shall be made by a court of competent jurisdiction. Neither party
20 s ha 11 request a jury a pporti onment.
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22 11. This Agreement shall not, nor shall any interest therein or
23 thereunder, be assigned, mortgaged, hypothecated, or transferred either by
24 LOCAL AGENCY or by operation of law, nor shall LOCAL AGENCY let or sublet, or
25 grant any licenses or permits with respect to the use and occupancy of said
26 property or any portion thereof, without the written consent of STATE first
27 had and obtained.
COURT PAPER
STATE 01" C....L.I'"ORNIA
STD_ 113 (REV, A.721
B~l 34769
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1 1~. The STATE, to the extent it may legally do so, (1) shall not assign,
2 mortgage, hypothecate, or transfer this Agreement, and (2) shall not let or
3 sublet, or grant any licenses or permits with respect to the use and occupancy
4 of said property or any portion thereof, without the written consent of LOCAL
5 AGENCY first had and obtained.
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13. Notices desired or required to be given hereunder or under any law
8 now or hereafter in effect may, at the option of the party giving same, be
9 given by enclosing the same in a sealed envelope addressed to the party for
10 whom intended and by depositing said envelope, with postage prepaid, certified
11 with return receipt requested, in the United States Post Office or any
12 suhstation thereof.
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In the event such notice is being given to LOCAL AGENCY, such notice
15 and the envelope containing the same shall be addressed to the City of San
16 Bernardino, Department of Parks, Recreation, and Community Services,
17 300 North "D" Street, City Hall, San Bernardino, California 92418, or such
18 dther pI ace as may herea fter be des i gnated in wr i ti ng by or on beha 1f of LOCAL
19 AGENCY; and in the event that said notice is being sent to STATE, said notice
20 and the envelope containing the same shall be addressed to the Department of
21 Parks and Recreation, Post Office Box 2390, Sacramento, California 95B11.
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14. The attached Standard Form 17A is incorporated herein and the
24 reference therein to contractor shall mean LOCAL AGENCY.
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IS. Discrimination against any person because of race, color, religion,
27 sex, marital status, national origin, or ancestry of that person is expressly
COURT PAPER
STATE OF CAl.lrOIllNIA
STD. 113 tREV, 6."/21
proh i hi ted .
8534769
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1 16. The STATE, upon.termination of this Agreement, shall transfer in
2 fee, together with all improvements, said property described in Exhibit "A" to
3 LOCAL AGENCY. Inmediately upon transfer, all costs for operation and
4 management of the park will be assumed by LOCAL AGENCY.
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IN WITNESS WHEREOF, the parties have executed this instrument.
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STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
WM. S. BRINER, DIRECTOR
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EXHIBIT "A"
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pARCEL 1
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Lots S through 111, i ncl usi ve, of TRACT NO. 2030, FIFTH STREET PLACE
5 SUBDIVISION, in the County of San Bernardino, State of California, as per plat
recorded in Book 29 of Maps, Page 49, records of said County.
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7 PARCEL?
8 Lots 1 through 12, inclusive, of FIFTH STREET PLACE, UNIT NO.2, TRACT
NO. 2?75, in the City of San Bernardino, County of San Bernardino, State of
9 California, as per plat recorded in Book 32 of Maps, Page 67, records of said
County.
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11 PARCEL 3
12 Lots 1, 2, 3, 4, 7, B, and the East 209.98 feet of Lot 9 in Block 4 of the
Five Acres Survey of the RANCHO SAN BERNARDINO, County of San Bernardino,
13 State of California, as per plat recorded in Book 7 of Maps, Page 2, records
of said County, according to the Map of the Survey of said Rancho on record in
14 the County Recorder's Offi ce of sa i d County.
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PARCEL 4
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A portion of Lot 6, Block 4, RANCHO SAN BERNARDINO, in the County of San
17 Bernardino, State of California, as per plat recorded in Book 7 of Maps,
Page 2, records of said County, described as follows:
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BEGINNING at a point in the East line of said Lot 6, Block 4, of said Rancho
19 San Bernardino, said point being in the West line of Waterman Avenue and being
391.33 feet North of the Southeast corner of said Lot 6, Block 4, of said
20 Rancho San Bernardino; thence Northerly along the West line of Waterman Avenue
212.50 feet to the South right-of-way line of the Pacific Electric Railway
21 Company; thence Westerly along the South line of the right of way of the
Pac ifi c El ectri c Ra i1 way Company, 351 feet, more or 1 ess, to a poi nt 350 feet
22 West of the West 1 ine of Waterman Avenue to the True Point of Beginning;
thence continuing Westerly along the South line of the right of way of the
23 Pac ifi c El ectri c Ra il way Company 50 feet, more or 1 ess, to a poi nt 400 feet
West of the West line of Waterman Avenue; thence Southerly and parallel with
24 the West line of Waterman Avenue, 228.67 feet, more or less, to a point
391.33 feet North of the South line of saic Lot 6, Block 4, of said Rancho San
25 Bernardino, said South line of said Lot 6, Block 4, of said Rancho San
Bernardino being the North line of Fifth Street; thence Easterly and parallel
26 with the South line of said Lot 6, Block 4, of said Rancho San Bernardino,
SO feet; thence Northerly and parallel with the West line of Waterman Avenue,
27 2?5 feet to the True Point of Beginning.
COURT PAPER
STATE 0.. C"LIP'ORNIA
STD_ '13 IREV.B.721
8534769
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1 PARCEL 5
2 All that portion of Lot 6, Block 4, Rancho San Bernardino, in the City of San
Bernardino, County of San Bernardino, State of California. as per plat
3 recorded in Book 7 of Maps, Page 2, records of said County, as described in
that certain ri ght of way conveyed to the San Bernardi no J\rrowhead and
4 Waterman Rail road Co., on September 30, 1889, in Book 104, Page 170, of Deeds,
said property heing more particularly described as follows:
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A strip of land 25 feet in width, being a portion of Lots 5 and 6 in said
6 Block 4, descrihed as follows:
7 Commencing at the point of intersection of the centerline of location of said
railroad with the East boundary line fence of said Lot 6, at a point known as
8 Station 1B+63; thence running North along said fence 12-5/10 feet; thence
Westerly 12.5 feet from and parallel to said centerline of location, a
9 distance of 391-9/10 feet to the West boundary line fence of said Lot 5, in
said Block; thence South along said fence 25 feet to a point 6 feet North of
10 the Southwest corner of said Lot 5; thence Easterly 12.5 feet from and
parallel to said centerline of location, a distance of 391-9/10 feet to the
11 said East boundary line fence of said Lot 6; thence North 12-5/10 feet to the
place of beginning.
12
EXCEPTING THEREFROM any portion which may be included within the following
13 descri bed property:
14 All that certain piece or parcel of land heing a portion of Lot 6, Block 4,
Rancho San Bernardino, as per plat recorded in Book 7 of Maps, Page 2, records
15 of the County Recorder of San Bernardino County, and being more particularly
des cri bed as follows, to-wit:
16
Beginning at a point in the East line of said Lot 6, Block 4, of said Rancho
17 San Bernardino, said poi nt being in the West line of Waterman Avenue and being
391.33 feet North of the Southeast corner of said Lot 6, Block 4, of said
18 Rancho San Bernardino; thence Northerly along the West line of Waterman Avenue
212.50 feet to the South right-of-way line of the Pacific Electric Railway
19 Company; thence Westerly along the South right-of-way line of the Pacific
El ectric Railway Company; 401.25 feet, more or less, to a point 400 feet West
20 of the West line of Waterman Avenue; thence Southerly and parallel with the
West line of Waterman Avenue, 228.67 feet, more or less, to a point
21 391.33 feet North of the South line of said Lot 6, Block 4, of said Rancho San
Bernardino, said South line of said Lot 6, Block 4, of said Rancho Sari
22 Bernardino heing the North line of Fifth Street; thence Easterly and parallel
with the South line of said Lot 6, Block 4, of said Rancho San Bernardino,
23 400 feet to the poi nt of begi nni ng.
24 ALSO EXCEPTING THEREFROM any portion which may be included within the
following described property:
25
All that portion of Lot 6, Block 4, Rancho San Bernardino, as per plat
26 recorded in Book 7 of Maps, Page 2, records of said County, described as
follows:
27
COURT PAPER
STATE OF CALIP'OIHH'"
STD. 113 CRE" 8_72)
853.176\1
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COURT PAPER
STATE 0.. CAI..'''OflNIA
STD. 113 IREV. 9.7;!:1
8534769
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1
PARCEL S (cont i nued )
2 BEGINNING at the Northwest corner of said Lot 6, Block 4, of said Rancho San
Bernardino; thence Southerly along the East line of said Lot 6 to the
3 Northerly right-of-way line of the Pacific Electric Railway Company; thence
~esterly along said Northerly right-of-way line of the Pacific Electric
4 Railway Company to the North line of said Lot 6, Block 4, of said Rancho San
Bernardino; thence Easterly along said North line of said Lot 6, Block 4, of
5 said Rancho San Bernardino to the point of beginning.
6
Said parcel of land being further described as all that portion of Lot 6,
Block 4, of said Rancho San Bernardino lying North of the Northerly
ri ght-of-way 1 i ne of t he Pac ifi c El ectri c Ra il way Company.
7
8
ALSO EXCEPTING THEREFROM all that portion lying within Lot 5 of said Block 4.
9
PARCEL 6
10
All that portion of Lot 5, Block 4, Rancho San Bernardino, in the City of San
Bernardi no, County 0 f San Bernardi no, State of Ca 1 i forni a, as per pl at
recorded in Book 7 of Maps, Page 2, records of said County, lying within that
certain strip of land, 25 feet in width, as described in that certain grant of
right of way to San Bernardino Arrowhead and Waterman Railway Co., by Deed
recorded on September 30, 1889, in Book 104, Page 170, of Deeds.
11
12
13
14 EXCEPTING THEREFROM all that portion as described as all that portion of
Lot 5, Block 4, Rancho San Bernardino, in the City of San Bernardino, County
15 of San Bernardino, State of California, as per plat recorded in Book 7 of
Maps, Page 2, records of said County, described as follows:
16
Beginning at a point on the Northerly line of said Block 4, a distance of
17 400 feet Westerly from the Northeast corner thereof, said Northeast corner
being also on the intersection of the Westerly line of Waterman Avenue and the
18 ~outherly line of Seventh Street, as shown on the Map of said Tract; thence
alon9 the Southerly line of said Seventh Street, North 890 29' 47" West
19 SB.S6 feet; thence South 00 18' 40" West 633.77 feet; thence
SOllth 890 4S' 40" East 58.68 feet to a point which lies
20 North 890 4S' 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
beginning.
21
22 ALSO EXCEPTIN G THEREFROM that porti on 0 f Lots 5 and 6, of Block 4, Rancho San
Bernardino, in the City of San Bernardino, County of San Bernardino, State of
23 California, as per plat recorded in Book 7 of Maps, Page 2, records of said
County, described as follows:
24
COMMENCE at the intersection of the East line of said Lot 6, with the
25 Northerly right of way line of the Pacific Electric Railwqy Company; thence
North along the East line of said Lots 6 and 5, a distanc~ of 641 feet to the
26 Northeast corner of said Lot 5; thence West along the North line of said
Lot 5, a distance of 400 feet; thence South parallel with the East line of
27 said Lot 5, to a point on said Northerly right of way line of the Pacific
Electric Railway Company; thence Easterly along the Northerly right of way
line to the point of beginning.
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1 PARCEL 7
2 All that portion of Lot 5, Block 4, Rancho San Bernardino, in the City of San
Bernardino, County of San Bernardino, State of California, as per plat
3 recorded in Book 7 of Maps, Page 2, records of said County, described as
fo 11 ows:
4
Beginning at a point on the Northerly line of said Block 4, a distance of
5 400 feet Westerly from the Northeast corner thereof, said Northeast corner
being also on the intersection of the Westerly line of Waterman Avenue and the
6 Southerly line of Seventh Street, as shown on the Map of said Tract; thence
along tbe Southerly line of said Seventh Street, North 890 29' 47" West
7 58.56 feet; thence South 00 18' 40" West 633.77 feet; thence
South 890 45' 40" East 58.fi8 feet to a point which lies
8 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
9 beginning.
10
PARCEL 8
11
Lugo Avenue 60.00 feet wi de as del i neated on the Map of Tract 2030, in the
12 County of San Bernardino, State of California, as per plat recorded in Book 29
of Maps, Page 49, records of said County, lying between the South line of
13 Sixth Street and the North line of Fifth Street.
14
15
PARCEL 9
Lot A also known as Dillon Alley as delineated on the Map of Tract 2030, in
16 the County of San Bernardino, State of California, as per plat recorded in
Book ?9 of Maps, Page 49, records of said County, lying between the South line
17 of Sixth Street and the North line of Fifth Street.
18
19
20
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22
23
24
25
26
27
COURT PAPER
STATE OF CIllLll"ORNIA
STD 113 tREV. e.7Zl
U~) 34769
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