HomeMy WebLinkAbout1995-007
12/15/94
1
RESOLUTION NO. 95-7
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPT-
ANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY
3 FLOOD CONTROL DISTRICT FOR STREET WIDENING AND OTHER IMPROVEMENTS, ACROSS
PORTIONS OF PEPPER BASIN (NORTHEAST CORNER OF MILL STREET AND PEPPER AVENUE)
4 RIGHT-OF-WAY.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
6
7
SECTION 1. That the Mayor of the City of San Bernardino is hereby
8 authorized and directed to execute and accept on behalf of said City, a
9 Common Use Agreement with the San Bernardino County Flood Control District,
10 a copy of which is attached hereto and incorporated by reference herein, as
11 fully as though set forth in length, marked Exhibit "A", for the widening of
12 Mill Street and Pepper Avenue, and for the installation of curbs, gutters,
13 and sidewalks, more particularly described in said Common Use Agreement and
14 concerning that certain real property in the City of San Bernardino, County
15 of San Bernardino, state of California, generally located across portions of
16 the Pepper Basin right-of-way at the Northeast corner of Mill Street and
17 Pepper Avenue. Said City consents to the recordation thereof.
18
The authorization to execute the above-referenced
SECTION 2.
19 agreement is rescinded if the parties to the agreement fail to execute it
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hundred twenty (120) days of the passage of this resolution.
within one
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1
ACCEPTANCE AND EXECUTION OF COMMON USE AGREEMENT: STREET WIDENING AND OTHER
IMPROVEMENTS - PEPPER BASIN AT THE SEC MILL STREET AND P.ET'PER AVENUE
95-7
I HEREBY CERTIFY that the foregoing resolut.ion was duly adovted by
2 the Mayor and Common Counei I of the Ci ty of San Bernardino at. a
3__-.!:~9.11.!.a,,_____meet.ing thereof held on t.he 9th day of Jall'C9:!:L_
4 H~~. by the following vote, to-wit:
12/15/94
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COUNCIL MEMBERS:
------~_..--_._---
AYES
ABSENT
NAYS
ABSTAIN
NEGRETE
x
CURLIN
x
HERNANDEZ
x
OBERHELMAN
x
DEVLIN
x
POPE-LUDLAM
x
MILLER
x
~~~-~ .~---~------------
~City Clerk
The
foregoing
hereby avproved this
11th
of
day
resolut.ion
is
__..__________iJ-.?E-..Y~______ '
MlM.
---;;;:';7( _~~Lit-~-------------
TOM MINOR,- Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
I)
..1 fI
1',-'
__~_ _~_c::.~_______
2
95-7
E New
M Change
X Cancel
County Department
FOR COUNTY USE ONL Y
Dept.
Contract Number
SC A
9s-- /:32.
Oept. Orgn.
Contractor's License No.
Flood Control District Contract Representative
Ph. Ext.
Amount of Contract
Fund
-0-
GRC/PROJ/JOB Number
~9415
Estimated Payment Total by Fiscal Year
Amount I/O FY Amount 110
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
FAS
STANDARD CONTRACT
FY
Project Name
't:b};.t)PT 'R:=I~in at Mil
st. am ~J;tl"r Ave.
THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control District,
hereinafter called the District, and
Name
Address
CITV OF SAN RRRNlIl?nThrl
hereinafter called
CI'lY
300 North D street
San Rt>,.."",n'linn. CA 92418
Phone Birth Date
(909) 384-5111
Federal 10 No. or Social Security No.
15.02 - 1239
IT IS HEREBY AGREED AS FOLLOWS:
(Use space be/ow and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion.
determination of satisfactory performance and cause (or termination, other terms and conditions, and attach plans, specifications, Bnd addenda, if any.)
'IHIS AGREEMENl', made am entered into this / r/tiJ day of h ~n.A(J ("v, 19J2: by
am between the CI'lY OF SAN BERNARDlliO, a III.lIli.cipal CXlJ:pO~ state of
California, hereinafter referred to as "CI'lY", am the SAN BERNARDlliO CXXlNlY FUlCO
a:NIroL DISTIUcr, a body CXlJ:pOrate am politic of the state of California, hereinafter
referred to as "DISTIUCI"'.
WITNESSETH
WHERFAS, CI'lY desires to effect, at 00 cost to the DISTIUcr, the wideni.n3' in:l\Xlin;J
operation am maintenance of road inproverrents to Mill street am Fewer Avenue at
the DISTIUcr'S Fewer Basin which constJ:ucti.on, operation am maintenance will
~aitate CI'lY'S use of certain DISTIUcr awned lams for road p.n:poses; am
WHERFAS, CI'lY desires to oonstruc:t, operate am maintain said road inpravements
am ~ within DISTIUcr lams am within adjoininJ CI'lY lams, which DISTIUcr
lams are hereinafter referred to as "AREAS OF o:::MoS:N USE", which AREAS OF a:Ht:N USE
are shown en attached plat map marked EXHIBIT "A" attached hereto am made a part
hereof;
WHERFAS, DISTIUcr desires to preserve, maintain, construct am operate flood control
am water ocnservatien works within am across said AREAS OF CXM>I)N USE;
,
,
02.12459.697 Rev. 1/91
Page ~l~-- of -4-
i:~:'~-e ;~.,
1m, 'IlIJl:REFORE, :IT IS UNutaSIOOD AND MUlUAILY AGREED AS FO~:
1. DIS'ffiIcr hereby consents to the oonstroc:tion, reconstruction, maintenance ani
q:>eration of said road :ilIprovements ani ~ thereto, at no expense to the
msnucr within the ARFAS OF a:MOl USE ani to allow CI'lY ani the travelin;J plblic
to ocx:upy ani use said ARFAS OF a:MOl USE for street ani highway pn:pcsoo:
provided, however, that no such use, oocnparx:y, oonstruc:ti.on, reoonstJ:uction or
maintenance, shall be effected by the CI'lY, its S11OO""'SOrs or assigns, in any mamer
'Which, in the c.pinion of the QUef En:]ineer of the Drsmrcr, may interfere or
conflict with any structures, facilities, q:>eration or uses 'Which Drsmrcr has or
:int:.erDs to have upc.n said lams, without first subnittin;J plans of such oocnpancy
or use to msnucr I S QUef En:]ineer at least thirty days prior to the date of such
.int;enjed oocnparq or use ani obtain his written ~ therefore, 'Which ~
shall not be withheld, if in the c.pinion of the QUef En:]ineer, the prqx:sal does
not interfere or conflict with the Drsmrcr'S interests or the p.u:pose of this
agreement.
2. CI'lY, its suooessors ani assigns shall asS'111lP full responsibility for the q:>eration
ani maintenance of ani liability for all roadway facilities (i.rcludin;J all roadway
a.1l.verts, pipes, sidewalks ani other awrrtenant 'NOrks) located within the ARFAS
OF a:MOl USE.
3. CI'lY acknowledges Drsmrcr'S right to ARFAS OF a:MOl USE ani the priority of
Drsmrcr'S right within ARFAS OF a:MOl USE. Except in emeJ:gerK::ies, CI'lY shall give
reasonable notice to ani obtain written ~ iran the Drsmrcr before perfcn:min;J
any work on CI'lY facilities in said .l\REA OF a:MOl USE, 'tIDere such 'NOrk will be
perfODDed within the basin or levee areas, if 'Which said 'Nark will in any way alter
or 00struct the flow of or potential flow of waters within said flood oc.ntJ:ol ani
water conservation 'NOrks.
4. CI'lY agrees to:
INIDINIFICATION - '!he CI'lY agrees to irdemni.fy ani hold han1Iless the Drsmrcr amjor
the CcAmty ani their agents, officers, volunteers ani e.uployees fran ani against
any ani all claims or actions arisin;J iran CI'lY' S negligent acts, errors or
anissions in perfoDDin:J services pn:suant to this contract ani for any costs or
expenses i.nc::urred by the DIS'IRIcr arrl,Ior the CcAmty on aCXXJlll1t of any claim
therefore.
:INSURANCE - :In order to accarplish the irdemni.fication herein provided for, b.1t
without limitin;J the irdemni.fication, the CI'lY shall secure ani maintain thro.lghcut
the term of the oontract the followin;J types of insurance is''''',.,n by ...-orpmies
acceptable to the Risk Manager with limits as shown:
Workers Ccm:lensation - A program of Workers' Catpensation insurance or a
state-awroved Self-rnsuran::e P.lU;j.LQW in an annmt ani form to meet all
cq:plicable requirements of the labor Code of the state of California,
i.rcludin;J Enployer's Liability with $250,000 limits, coverin;J all persa1S
provi.din;J services on behalf of the CI'lY ani all risk to such persa1S un:ler
this AgreemarIt.
,
CClrDrehensive General ani .lmtao:bile T.iabilitv rnsuran::e - 'Ibis CCNerllCJ8 to
i.rclude oc:ntractual coverage ani aul:ald:lile liability coverage for owned,
,
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Page 2 0 f 4
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hired ani l'lClI'l-CMled vehicles. '!be policy shall have canbined sllqle limits
for bodily injury ani prq:lerty damage of not less than me millicn dollars
($1,000,000).
Errors ani Omk<<ions Liabilitv Insurance - Canbined sin;Jle limits of
$1,000,000 for bodily injury ani prq:lerty ~ or
"""'''~~ional T,i,.hilitv - Professiooal liability with limits of at least
$1,000,000 per claim ani in the ay.p.~te.
ADDITICNAL NAMED INSURED - All policies, except for the Workers' ~'lSati.cn
coverage ani Errors ani cmissioos or Professiooal Liability, shall c:al1:ain
additional ~ namin::J DIS'lRIcr arxVar the County of San llemiU:dino ani
their Ellployees, agents, volunteers ani officers as additional named insured with
respect to liabilities arisin;J out of the perfOXlllilIlOQ of service hareun:ler. For
Professiooal Liability Coverage, the DIS'llUCl' ani the OJunty shall be named as a
designated person referencin;J this 1\greeIIIeI1t' s o:mtract Nu1rOOr on the policy.
WAIVER OF SUBROGATION RIGlfTS - CI'lY shall l:equire the carriers of the al.xNe required
coverages to waive all rights of subrogaticn against the DIS'llUCl"S ani the County's
officers, volunteers, E!Ilployees, contractors ani subcontractors.
roIJ~ IRIMARY AND NON-roNl'RIIDIORY - All policies required al.xNe are to be
primary ani non-cx:ntrihltoI}' with any insurance or self-insurance programs carried
or admi.ni.st:ered 11-.1 DIS'ffiIcr arxVor the OJunty.
POOOF OF COVER1IGE - CI'lY shall ilImediately furnish certificates of insurance to the
DIS'ffiICl' evidencin;J the insurance coverage al.xNe required prior to the ~
of perfOXlllilIlOQ of service hareun:ler. 'lbese certificates shall provide that such
insurance shall not be tenninated or expire withaJ.t thirty (30) days written notice
to the DIS'IRIcr arrl,Ior the County. within sixty (60) days of the CCIIIl1lel1ClE! of
this J\greeDIeI1t, the contractor shall furnish certified cq;lies of the policies ani
endorsements.
:INSURANCE REVIEW - 'lheal.xNe insurance requirenvmts are subject to periodic review
by the DIS'llUCl' arrl,Ior the OJunty. 'Ihe OJunty's Risk Manager is authorized, bIt
not required, to reduce or waive any of the aI:x:Ne insurance requireIoonts wherever
the Risk Manager determines that any of the cJbove i.nrurance is not available, is
unreascnably priced, or is not nE.eded to protect the interests of the DIS'IRIcr
arrl,Ior the OJunty. :In addition, if the Risk Manager determines that heretofore
unreascnably pri,-::~ or unavailable types of insurance coverage or coverage limits
~ reasonably priced or availal.:lle, tlle Risk Manager is authorized, bIt not
required, to c::hant;e the al.xNe insut'aIlOe requirem.mts or to require additiooal types
of insurance oov(~-age or higher coverage limits, provided that any such c:ban;Je is
reasonable in light of past claims against the DIS'llUCl' arrl,Ior the County,
inflation, or any other item reasonably related to the OJunty's risk.
~ such reduction or waiver for the entire term of the AJl:eement ani any c:ban;Je
requirin;J additional types of insurance ooverage or higher ooverage limits IlU1St be
made by amerrlment within thirty (30) days of receipt.
msnucr hereby acknaNlED:Jes thq.t CI':l'Y is self insured as to varioos insurance
coverages. DIS'IRICl' hereby wai~ tile requireJxent for additional named insureds,
for evidence of ooverage ani for notice of cancellation.
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Page 3 of 4
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95-7
See attadled EXHIBIT "B" for insurance C\lx:!nn<>ntation.
5. DIS'lRIcr shall .iroemni.fy and hold hal:ml.ess the CITY, their officers, agents,
volunteers and enployees fran and against any and all claims, deman::Is, loss or
liability of any kini or nature which the CITY an:l/or their officers, agents,
volunteers or enployees, may sustain or incur or which may be :inposed upon them,
for prqlerty damage and injury to or death of any persons caused by the DIS'lRIcr'S
negligent use of the ARFAS OF CXHoI:N USE and for any costs or eJq)e11SeS incurred by
the CITY on aClCXAlllt of any claim therefore.
6. DIS'lRIcr has and reserves the right to use ARFAS OF CXHoI:N USE in arrj manner not
in conflict with CITY'S needs for the proposed p.lblic roadway inprovement, witllaIt
l""""""~ity for any further pennit or penni.ssion fran CITY. DIS'lRIcr shall, except
in energerx::ies, give reasonable notice to CITY before perfoJ:IIIin:J any 'tIOrk which may
affect CITY'S facilities in said ARFAS OF CXHoI:N USE.
'!HIS .l\GREEMENl' shall inure to the benefit of and be b:irxlirg upon the Sl~~Ors
and assigns of both parties.
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SIr,r,iEO AND CERTlflFD mAT A COpy Of THiS
DOCUMENT HAS BEEN oa:VEkED TO Th: ClIi\iH
MAl' OF THE BOARD.
EARLENE SI'ROA T
CI2ik of the Bocrtl of SllD0;V!SmS
\ f the ollnly of sa~~V
By -=------'
Deputy
Approved as to form
and legal content
Attorney
AirEs:I:E
CITY OF SAN BERNARDINO
a municipal corporation
IState if corporation, company, etc.)
~.. ,
By ~ /-vn1. ~ AuY\..
TOM MINOR (Au,?orizedSigng,ure) Mayor
Dated I I Cf 5
~
City Clerk
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
~ ~.~ "'~~"'I<--;
Chairman, Board of Supervisors
Dated
r'"n. 1. A..
rt;)
~
Secretary of the Flood Control Distric
Approved as to legal Form
~ C~<~/(,
County Coun.';;' y-
Date /) - 0 ~ C1
Reviewed as to Affirmative Action
Reviewed for Processing
~
#//9
/
~ jLMv\
Agency Administrator/CAO
Date
Date
02.12459.e97 Rev. 1191
Page ~_-"'-__ 4 o..oIIIIlIlI
95"-7
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C..L. MILL STREE";;, - '~L~
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6'
City of San Bernardino
City AdministrationlRisk Management Division
300 N. "0" Street
San Bernardino, CA 92410
Victor F. Lorch
Director, Risk Management
Sheune Clark
City Administrator
CERTIFICATE OF INSURANCE
OR SELF.INSURANCE
In the event of cancellation of the self-insurance programs or policies designated below, it is the intent of the
City of San Bernardino to mail 30 days' prior notice thereof to:
County of San Bernardino
Flood Control District
The City of San Bern ardi no certifiesth at the fo Ilowi n9 self-insurance programs or insurance policies are in force:
MILL/PEPPER STREET WIDENING
PEPPER BASIN IMPROVEMENTS
(NEC MILL STREET/PEPPER AVENUE)
COMPANY AND POUCY UMITS OF UABlUTY
TYPE OF COVERAGE POLICY NO. PERIOD Bodily Injury Property D."",..
Comprehensive
General liability Self-insured indefinite $1,000,000 Combined Single Lim~1
incl. Auto Liability
Excess Comprehensive Bi9 Independent 07-01-941 $25,000 000 X
General Liability Cities Excess 06-30-95
incl. Auto liability Pool - B004 $1,000 000
Workers
Compensation self-insured indefinite statutory no coverage
0
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E
R
This certificate is not valid unless countersigned by an authorized representative of the City of San Bernardino, Risk Management
cc:
ANNE DeBOLT
FILE NO. 15.92-1239
;,;/-15- 9~
Victor F. Lorch
Director of Risk Management
City of San Bernardino
Authorized Representative
Date
For information regarding the above self-insurance policies, please contact Risk Management Division at ( -5308
EXHI BII
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. ..
MINUTES OF THE BOARD OF SUPERVISORS
. .
OF SAN BERNARDINO COUNTY, CALIFORNIA
FeI:>nlary 14, 1995
FCD ZN 2-l00
Inc. Citips/SB
Agree. No. 95-132
JEN A. M:ILU:R, Director
TransportationfFlood Control
1\GREEMENl' JUR 'nIE USE OF DISTRICT PmPERl'lC BY 'nIE CITY OF ImN
BERtWmDD FILE: 2-106
FROM:
SUBJECT:
RECXIoIMENDM':ION: Actin] as the governi.JxJ body of the Flood O:mtrol District,
a);prOVe a....1.01l Use Agreement with the City of San Bernardino allOW"in] for the
c:anstruction of road inprovements on portions of the District 's ~ Basin
PL'+'=ty located in the southwest portion of the City of San Bernardino.
1IllCKGR)UND: '.!he City has been issued a pennit to =nstJ:uct road inprovements
on Mill street am ~ Avenue on District 0W"Iled lan:ls known as ~
Basin. '!his agreement provides for the continued operation am mai.ntenaooe of
am liability for the pennitted road inprovements.
REl\SClN JUR RECXIoIMENDM':ION': Board acceptanoe is required to effect this
agreement.
l(t."V.u:.l'I BY 0l'HERS: '!his agreement was reviewed by Dep.1ty Camty Camsel
Clarles Scolastico on octaber 31, 1994, by Risk Management personnel on
November 15, 1994, am by Fifth SUpervisorial District staff on January 23,
1995.
~ DATA: No financial iDpact to the District will result fran this
agLeement.
PRESENl'ER: Ken A. Miller
/5;02-/23
cc: Flood Control Dist. w/agr.
City of S.B. w/agr. c/o
Auditor, w/agr.
Contract Compliance
Risk ManagE'IllE'nt
pw:;
File w/agr.
vg
14-9507-00C
_____~~~.t~1
Action of the Soard of Supervisors
~NQ. 95-132
APPJ(Q.VI;O SOARd OF SUPERVISORS
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:?COUN1Y OF SAN BERNARDINO
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MOTIONI JIVe AVE AVE SECOND MOTION
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EARLEN~l.'. p. ROA.. T, CLER~OARD
BY r}~ j .' ~,
DATED: FEBRUARY 14, 199Ji
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12/15/94
1
RESOLUTION NO.
95-7
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPT-
ANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY
3 FLOOD CONTROL DISTRICT FOR STREET WIDENING AND OTHER IMPROVEMENTS, ACROSS
PORTIONS OF PEPPER BASIN (NORTHEAST CORNER OF MILL STREET AND PEPPER AVENUE)
4 RIGHT-OF-WAY.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS;
6
7
SECTION 1. That the Mayor of the City of San Bernardino is hereby
8 authorized and directed to execute and accept on behalf ot said City, a
9 Common Use Agreement with the San Bernardino County Flood Control District,
10 a copy ot which is attached hereto and incorporated by reference herein, as
11 fully as thuugh set forth in length, markelL.Exhibit "A", for the widening of
12 Mi II Street and Pepper Avenue, and tor the. installation of curbs, gutters,
13 and sidewalks, more particularly described in said Common Use Agreement dnd
14 concerning that certain real property in the City of San Bernardinu, County
15 of San Bernardino, State of California, generally located across portions of
16 the Pepper Basin right-at-way at the Northeast corner of Mi II str.eet itnd
17
18
Pepper Avenue. Said City consents to the recordation thereof.
SECTION 2.
The authorization to execute the above-referenced
19 agreement is rescinded if the parties to the agreement fail to execute it
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hundred twenty (120) days of the passage of this resolution.
within one
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/ /
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,
1
12/15/94
ACCEPTANCE AND. EXECUTION OF COMMON USE AGREEMENT: STREET WIDENING AND OTHER
IMPROVEMENTS - PEPPER BASIN AT THE SEC MILL STREET AND PEPPER AVENUE
1
95-7
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at a
3 _ re.9:ul~~___meet.ing thereof held on the 9th day of _ Ja~ua!:x________
4 tq9~, by the following vote, to-wit:
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COUNCIL MEMBERS:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
~-Ci~------------
11th
day
resol ut. i on is hereby approved this
of
The
foregoing
____~~.!l.}larL_____'
Pm.
~~ .."." ,
.-----, ... .// .
.J.c.C~ '.J .!___",~J:~.':c"-_\.._______..__.____
TOM NI NOR ,. Mayor
City of San Bernardino
24 Approved as to form
and legal content:
25
26 JAMES F. PENMAN,
City Attorney
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i/5-7
Ii STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
') i CITY OF SAN BERNARDI~O
-,
SS
I, RACHEL CLARK, City Clerk in and for the City of San
Bernardino DO HEREBY CERTI:!:Y that the foregoing and attached
copy of the San Bernardino City Resolution No. 95-7 is a full,
true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand
official seal of the City 0: San Bernardino this
of January , 19..2?
and affixed the
9th day
~<" I.J C!hz!~
City Clerk
By ~ &tv
Bea Cortes, Deputy
~:u~
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f/)-7
II STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
2! CITY OF SAN BERNARDI~O
SS
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I, RACHEL CLARK, City Clerk in and for the City of San
Bernardino DO HEREBY CERTI~Y that the foregoing and attached
copy of the San Bernardino Ci~y Resolution No. 95-7 is a full,
true and correct copy of that now on file in this office.
IN WIT~ESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of San Bernardino this 9th day
of January , 19~.
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City Clerk
By
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Bea Cortes, Deputy
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