HomeMy WebLinkAbout16-Development Services
ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Dept: Development Services
Subject: Resolution authorizing execution of a
Standard Contract with the County of
San Bernardino, the City of Redlands,
the City of Highland and Inland Valley
Development Agency (IVDA) to construct
two arch culverts at Alabama Street and
City Creek, and budget amendment.
MCC Date: January 9, 2006
Date: 12/29/2005
File No,:
Synopsis of Previous Council Action:
08/15/05 City Council approved the 2005-2010 CIP including project SD05-01, Alabama Street
Bridge replacement study at City Creek south of 3rd Street.
12/19/05 City Council approved an Agreement with the County of San Bernardino and City of
Redlands to fund emergency opening repairs of Alabama Street and the City Creek
Crossing,
Recommended Motion:
1, Authorize the Director of Finance to amend the FY 05-06 budget by increasing revenue
account #248-000-4658 by $33,800, and do a corresponding increase to expense
account #248-368-5504-7517, and
2, Adopt Resolution,
IU
.
~ames Funk
Contact person: Mark Lancaster, Deputy Director/City Engineer
Phone: 3305
Supporting data attached: Staff Report, Reso, Standard Contract & Table
Ward: 1
FUNDING REQUIREMENTS:
Amount: $33,800
Source: 248-368-5504-7517
Alabama Street Bridge Replacement Study at City Creek
South of 3rd Street
Finance'
Council Notes: !P?, ;;"O{!Jb - h
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II OL
Agenda Item No. -1'
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution authorizing execution of a Standard Contract with the County of San Bernardino, the
City of Redlands, the City of Highland and Inland Valley Development Agency (IVDA) to
construct two arch culverts at Alabama Street and City Creek, and budget amendment.
Backaround:
Approximately 200 feet of Alabama Street was washed out at the City Creek crossing during the
2005 winter storms, In order to restore access to the gravel companies adjacent to Alabama
Street, Matich Corporation, Robertsons Ready Mix and Cemex cooperated privately to
reconstruct and reinforce the southerly bank of City Creek and rebuild Alabama Street. In order
to provide a means for potential storm water overtopping Alabama Street to flow downstream, a
dip was left in the road on the south side of City Creek, The road that was constructed was
suitable for access to the businesses, but does not provide for public use,
The County of San Bernardino has accepted the lead agency role for two projects, The first
project will construct roadway improvements to Alabama Street to allow the road to be opened
to the public once the Santa Ana River Bridge project is complete, This project lies within the
City of San Bernardino and the City of Redlands, On December 19, 2005, the City Council
authorized the Mayor to sign an Agreement to repair the road so it can be opened once the
bridge is complete, which is anticipated to be mid-February 2006,
The second project will provide additional capacity for City Creek under Alabama Street via two
large culverts, The second project will be undertaken by five agencies: the cities San
Bernardino, Highland, Redlands, the County of San Bernardino and the IVDA. Environmental
and preliminary engineering work has begun and the County of San Bernardino has estimated
the cost of the engineering and environmental work to be $212,340 and each agency's share to
be $42,468, Due to the urgency of the project, the County began the work without prior
approval from the Federal Highway Administration (FHWA), Thus $38,429,39 of the $212,340
will not be reimbursable, Each agency's share will be $7,685,88, Of the remaining $173,910,61
($34,782,12 per agency) up to 97,13% will be reimbursed (88,53% from FHWA and 8,6% from
the State Office of Emergency Services), leaving the City's share to be 2,87% or $998,25, After
the environmental and engineering is complete, the City's actual cost will be $8,684,13
($33,783,87 of the $42,468 will be reimbursed), See attached table,
Once design is complete and environmental clearance is obtained, a separate agreement to
share construction costs will be brought before the City Council. Construction is estimated to be
$1,850,000 or $370,000 per agency, After reimbursement using the same 97,13% rate
described above, the City's share will be $10,619,
It is imperative to complete these improvements as soon as possible to provide additional
capacity for City Creek at Alabama Street to provide motorists a local route that will not be
subject to closure during storm events,
FinanciallmDact:
A budget amendment is needed for both revenues and expenditures to reflect the FHWA funds
that will be received for the Alabama Street project. There is no impact to the General Fund for
this change,
2
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT - Continued
Recommendation:
1, Authorize the Director of Finance to amend the FY 05-06 budget by increasing revenue
account #248-000-4658 by $33,800, and do a corresponding increase to expense account
#248-368-5504-7517, and
2, Adopt Resolution,
3
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1
2
RESOLUTION NO. t (Q) IP If
9
10
SECTION 1. That the Mayor is hereby authorized to execute the Standard Contract
11 (see Attachment" 1" and incorporated herein) with the County of San Bernardino, the City of
12 Redlands, the City of Highland and Inland Valley Development Agency (IVDA) to construct
13 culverts at Alabama Street and City Creek, Such Standard Contract shall be effective only
14
upon being fully executed by all parties,
15
SECTION 2. This Standard Contract shall not take effect or become operative until
16
17 fully signed and executed by all of the parties, and no party shall be obligated hereunder until
18
19
the time of such full execution, No oral agreement, amendments, modifications or waivers are
intended or authorized and shall not be implied from any act or course of conduct of any party.
20
21
SECTION 3, This resolution is rescinded if the parties to the Standard Contract fail to
execute it within one hundred twenty (120) days of the passage of the resolution.
22
23 III
24 III
25
26
27
28
h c', /~;
/ / q / [nO
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERi"l/ARDINO AUTHORIZING THE MAYOR TO EXECUTE A STANDARD
''- 3 COl"TRACT WITH THE COUNTY OF SAN BERNARDINO, THE CITY OF
REDLANDS, THE CITY OF HIGHLAND AND INLAND V ALLEY DEVELOPMENT
4 AGENCY (IVDA) TO CONSTRUCT CULVERTS AT ALABAMA STREET AND CITY
CREEK.
5
6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a meeting thereof,
8 held on the day of
9
Council Members: AYES
-
10
ESTRADA
11
12 LONGVILLE
,20_, by the following vote, to wit:
NAYS
ABST AIN ABSENT
13 MC GINNIS
14
15
DERRY
KELLEY
16
JOHNSON
17
18 MC CAMMACK
19
20
21
City Clerk
The foregoing resolution is hereby approved this _ day of
,20_
22
23
24
25 Approved as to
26 form and legal content:
27
Judith Valles, Mayor
City of San Bernardino
JAMES F, PENMAN,
City Attorney
28
/)-
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,
FAS
FOR COUNTY USE ONL Y . "t "1 "
fx New Vendor Code Dept Contract Number I
f- Change SC A
Cancel
County Department Oept. Orgn. Contractor's license No
Public Works 097 097
County Department Contract Representative Telephone Total Contract Amount
Annesley Ignatius 387 -8120 $212,340
1- Contract Type
: _ Revenue [X] Encumbered D Unencumbered D Other
i If not encumbered or revenue contract type, provide reason:
I Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
1
1
! Fund Oept. Organization Appr, Obj/Rev Source GRC/PROJ/JOB No, Amount
RFF 092 092 200 2445 , 78F02082 5162.340
Fund Oept. Organization Appr Obj/Rev Source GRC/PROJ/JOB No Amount
RFL 093 093 200 2445 , 78F02090 550.000
Project Name Estimated Payment Total by Fiscal Year
FY Amount 110 FY Amount 110
Alabama Street
- -
@ City Creek Culvert
- -
Improvement Replacement
-
'..............' .
San Bernardmo County
Flood Control District
STANDARD CONTRACT
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
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
. A.iephone FederallD No. or Social Security No.
909 384-5211
hereinafter called
SAN BERNARDINO
Name
Address
City of Redlands
35 Cajon Street
Redlands, CA 92373
Telephone Federal 10 No or Social Security No
909798-7655
hereinafter called
REDLANDS
Name
Address
City of Highland
27215 Baseline
Highland, CA 92346
Telephone FederallD No. or Social Security No
909 864-6861
hereinafter called
HIGHLAND
Name
Inland Valley Development Agency
Address
294 So, Leland-Norton Way, Suite 1
San Bernardino, CA 92408.
~~Iephone FederallD No. or Social Security No.
909 382-4100
~,~ Auditor/Controller-Recorder Use Onl
hereinafter called
IVDA
Input Date
12/8/05
Page 1 of 11
IT IS HEREBY AGREED AS FOllOWS:
WITNESSETH
___:iEREAS, the San Bernardino County Flood Control District (hereinafter referred to as
DISTRICT), the City of San Bernardino (hereinafter referred to as SAN BERNARDINO), the City Of
Redlands (hereinafter referred to as REDlANDS), Inland Valley Development Agency (hereinafter
referred to as IVDA) and the City of Highland (hereinafter referred to as HIGHLAND) desire to
cooperate and jointly participate in design and construction for drainage improvements, including
the installation of drainage culverts, bank protection and roadway improvement at the Alabama
Street crossing at City Creek (hereinafter referred to as PROJECT); and
WHEREAS, the PROJECT will be of mutual benefit to the DISTRICT, SAN BERNARDINO,
REDLANDS, IVDA and HIGHLAND; and
WHEREAS, the DISTRICT, SAN BERNARDINO, REDlANDS, IVDA and HIGHLAND are
aggressively seeking grant from Federal and State agencies and will apply future grant funding
towards the design and construction of the PROJECT; and
WHEREAS, the DISTRICT, SAN BERNARDINO, REDLANDS, IVDA and HIGHLAND desire to use
local funds initially toward the design and environmental processing in an effort to expedite this
portion of the PROJECT; and
WHEREAS, the design and environmental processing is estimated at $212,340 of which
DISTRICT's share is estimated at 20% ($42.468), SAN BERNARDINO's share is estimated at 20%
1542.468), IVDA's share is estimated at 20% ($42.468), REDLANDS's share is estimated at 20%
. )42.468), and HIGHLAND's share is estimated at 20% ($42.468), as shown in Exhibit "An,
.".......
attached hereto and incorporated herein by reference; and
WHEREAS, DISTRICT, SAN BERNARDINO, REDlANDS, IVDA and HIGHLAND desire to set
forth responsibilities and obligations of each as it pertains to such participation and to the design
and environmental processing of the proposed Project.
WHEREAS, the construction phase of the PROJECT will be covered under a separate agreement
and/or an addendum to this agreement; and
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION I
DISTRICT SHALL
1, Act as the Lead Agency in the preparation of construction plans and environmental
Drocessing for the PROJECT and to coordinate with State and Federal agencies in
submitting and processing the pertinent documentation for funding,
2, Provide plans and construction specifications for review and approval by SAN
BERNARDINO, REDLANDS, IVDA and HIGHLAND,
12/8/05
Page 2 of 11
3, Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include
the design, environmental processing and overhead cost. DISTRICT's proportionate share
is 20% of the PROJECT costs, which is estimated at $42,468,
'--
4, Keep an accurate accounting of SAN BERNARDINO's, REDLANDS', IVDA's, and
HIGHLAND's contributions, credits and respective PROJECT expenses as set forth herein,
Furnish SAN BERNARDINO, REDLANDS, IVDA, and HIGHLAND with a PROJECT
accounting summary on a monthly basis,
5, Provide any applicable NEPA and CEQA requirements as a part of environmental
processing.
SECTION II
SAN BERNARDINO SHALL
1, Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include
the design, environmental processing and overhead cost. SAN BERNARDINO's
proportionate share is 20% of the PROJECT costs, which is estimated at $42,468.
2, Pay to DISTRICT, on a reimbursement basis, its proportionate share of any PROJECT cost
increases pursuant to Section VI.1 and VI.2, within thirty (30) days after receipt of an
itemized statement.
SECTION III
tEDLANDS SHALL
^""",'.ff
1, Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include
the design, environmental processing and overhead cost. REDLANDS' proportionate share
is 20% of the PROJECT costs, which is estimated at $42,468.
2, Pay to DISTRICT, on a reimbursement basis, its proportionate share of any PROJECT cost
increases pursuant to Section VI.1 and V1.2, within thirty (30) days after receipt of an
itemized statement.
SECTION IV
IVDA SHALL
1, Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include
the design, environmental processing and overhead cost. IVDA's proportionate share is
20% of the PROJECT costs, which is estimated at $42,468,
2, Pay to DISTRICT, on a reimbursement basis, its proportionate share of any PROJECT cost
increases pursuant to Section VI.1 and V1.2, within thirty (30) days after receipt of an
itemized statement.
12/8/05
Page 3 of 11
SECTION V
HIGHLAND SHALL
"- 1,
Pay for its proportionate share of the PROJECT costs, The PROJECT costs shall include
the design, environmental processing and overhead cost. HIGHLAND'S proportionate share
is 20% of the PROJECT costs, which is estimated at $42,468.
2, Pay to DISTRICT, on a reimbursement basis, its proportionate share of any PROJECT cost
increases pursuant to Section VI.1 and VI.2, within thirty (30) days after receipt of an
itemized statement.
SECTION VI
IT IS MUT ALLY AGREED TO
1, The parties acknowledge that final PROJECT costs may ultimately exceed current estimates
of PROJECT costs. Any additional PROJECT costs over the estimated total PROJECT cost
of $212,340 shall be reimbursed to the DISTRICT in accordance with their respective
portions as set forth in Exhibit "A".
2, Additional work/costs arising from unforeseen conditions (e.g, additional studies requested
by environmental regulatory agencies, Caltrans/FHWA, etc.) will be paid by DISTRICT, SAN
BERNARDINO, REDLANDS, IVDA, and HIGHLAND in accordance with their respective
portion as set forth in Exhibit "A". If DISTRICT, SAN BERNARDINO, REDLANDS, IVDA,
and HIGHLAND requests additional work that is beyond the scope of the original PROJECT,
said work will be paid solely by the agency requesting the work.
3, This Agreement may be cancelled upon thirty (30) days written notice of any party, provided
however, that no party may cancel this Agreement after DISTRICT lets a contract to design
the PROJECT, In the event of cancellation as provided herein, all PROJECT costs required
to be paid by the parties prior to the effective date of cancellation shall be paid by the parties
in the proportion provided herein.
4, Except with respect to the parties' operation, maintenance and indemnification obligations
contained herein, this Agreement shall terminate upon completion of the PROJECT and
payment of final billing by SAN BERNARDINO, REDLANDS, IVDA, and HIGHLAND for their
shares of the PROJECT.
5. This Agreement contains the entire agreement of the parties with respect to subject matter
hereof, and supersedes all prior negotiations, understandings or agreements. This
Agreement may only be modified in writing signed by all parties,
6, This Agreement shall be governed by the laws of the State of California, Any action or
proceeding between OISTRICT, SAN BERNARDINO, REDLANDS, IVDA, and HIGHLAND
concerning the interpretation or enforcement of this Agreement, or which arises out of or is in
any way connected with this Agreement or the PROJECT, shall be instituted and prosecuted
in the appropriate state court in the Central Judicial District of San Bernardino County,
California,
12/8/05
Page 4 of 11
7, Time is of the essence for each and every provision of this Agreement.
'-
8, Since the parties or their agents have participated fully in the preparation of this Agreement,
the language of this Agreement shall be construed simply, according to its fair meaning, and
not strictly for any or against any party, Any term referencing time, days or period for
performance shall be deemed work days. The captions of the various articles and
paragraphs are for convenience and ease or reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
9, No supplement, modification, or amendment of this Agreement shall be binding unless
executed in writing and signed by all parties,
10, No waiver of any default shall constitute a waiver of any other default or brief, whether of the
same or other covenant or condition, No waiver, benefit, privilege, or service voluntarily
given or performed by a party shall give the other parties any contractual rights by custom,
estoppel, or otherwise,
11, If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or
otherwise unenforceable, the remaining provisions shall continue in full force and effect,
unless the purpose of this agreement is frustrated.
SECTION VII
IT IS FURTHER UNDERSTOOD AND AGREED:
1, This agreement shall become effective upon approval by SAN BERNARDINO, REDLANDS,
and HIGHLAND's City Council, IVDA, and the DISTRICT'S Board of Supervisors,
2, INDEMNIFICATION
Indemnification - SAN BERNARDINO, REDLANDS, IVDA, and HIGHLAND agrees to
indemnify, defend (with counsel reasonably approved by District) and hold harmless the
DISTRICT and its authorized officers, employees, agents and volunteers from any and all
claims, actions, losses, damages, andlor liability arising out of this contract from any cause
whatsoever, including the acts; errors or omissions of any person and for any costs or
expenses incurred by the ,DISTRICT on account of any claim except where such
indemnification is prohibited by law, This indemnification provision shall apply regardless of
the existence or degree of fault ,of indemnities, The Parties' indemnification obligation
applies to the DISTRICT'S "active" as well as "passive" negligence but does not apply to the
DISTRICT'S "sole negligence" or "willful misconduct" within the meaning of Civil Code
Section 2782,
IN WITNESS WHEREOF, this agreement, has been fully executed on behalf of the CITIES and
IVDA by its duly authorized officers and the DISTRICT have caused the same to be duly executed
in its name and on its behalf by its duly authorized representatives, effective as of the date
hereunder written,
This Agreement shall inure to the benefit of and be binding upon the successors and assigns of all
arties,
12/8/05
Page50f11
SAN BERNARDINO COUNTY
Flood Control District
",-,II Postmus, Chairman, Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Clerk of the Board of Supervisors
of the County of San Bernardino,
By
Deputy
>"0.,.
Approved as to Legal Form
Reviewed by Contract Compliance
~
County Counsel
~
Date
Date
Presented to BOS for Signature
~
Department Head
Date
12/8/05
Page 6 of 11
City of San Bernardino
. -'nl or type name of corporation, company, contractor, etc.)
.''''i:
(Authorized signature. sign in blue ink)
Name
(Print or type name of person signing contract)
Title
(Prmt or Type)
Dated:
Address 300 N, "D" Street
San Bernardino. CA 92418
Approved as to Form
and Legal Content:
JAMES F. PENY1AN.
City Attorney
,v
12/8/05
Page 7 of 11
City of Redlands
',nt or type name of corporation, company, contractor, etc.)
"-
~
(Authorized sIgnature. Sign In blue ink)
Name
(Pflnt or type name of person signing contract)
Tille
(Print or Type)
Dated:
Address 35 Caion Street
Redlands, CA 92373
"'..~"
12/8/05
Page 8 of 11
City of Hiqhland
'I')nnt or type name of corporation, company. contractor, ete.)
"~
(Authorized signature. sign in blue ink)
Name
(Print or type name of person signing contract)
Tille
(Pnnt or Type)
Dated:
Address 27215 Baseline
Hiahland. CA 92346
>'...........
12/8/05
Page 9 of 11
Inland Vallev Development Aqencv
'r' or type name of corporation, company, contractor. etc.)
.""--~
.
(Authorized signature - sign;n blue ink)
Name
(Print or type name of person signing contract)
Title
(Pnnt or Type)
Dated:
Address 294 So, Leyland-Norton Way, Suite 1
San Bernardino, CA 92408
~
12/8/05
Page 10 of 11
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date AdoIFed): J" q ...0 b Item #
Vote: Ayes \0 Nays
Change to motion to amend original documents 0
I b Resolution # d [J/!J (P . fo
Abstain Absent ~ 1
Companion Resolutions
NulVVoid After:
days/
Resolution # On Attachments: 0
Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: \1 [I\) /0.0
Date of Mayor's Signature: . (,.. I Y-. O}
Date of Clerk/CDC Signature: 1--- I }- r () 0
Reso. Log Updated: ~
Seal Impressed: ~
Reso, # on Staff Report E1
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2'd Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes
/
No By __
No ~By__
No+By_
NO~y
-----:7'
No y_
Yes
Yes
Yes
Yes
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator ~/ Facilities o / Parks & Recreation 0
~
City Attorney Finance Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services ~) Human Resources 0 Water Department 0
Others:
Notes:
'I (l'?
D~9 f/ I
Ready to File~
Revised 12/18/03
"
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
January 13, 2006
TO:
Mark Lancaster, Deputy DirectorlCity Engineer
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2006-6
At the Mayor and Common Council meeting of January 9, 2006, the City of San Bernardino
adopted Resolution No. 2006-6 - Resolution authorizing the Mayor to execute a standard
contract with the County of San Bernardino, the City of Redlands, the City of Highland and
Inland Valley Development Agency (IVDA) to construct culverts at Alabama Street and City
Creek.
Attached are two (2) original agreements and six (6) duplicate original agreements. Please
obtain signatures in the appropriate locations and return the ORIGINAL agreement to the City
Clerk's Office as soon as possible, to my attention. Please keep the fully executed copies for
your records and for the other party.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
I hereby acknowledge receipt ofthe above mentioned documents,
r;;?
Please sign and return
Signed:
Date:
Milt< t<-
,
\~'( C,\.S..v:.i
~'C..I)~C;\ ,
'i\'C..Ct.~ l~" ~~?llCITY OF SAN BERNARDINO
~~~ J~~ \. Interoffice Memorandum
T CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
January 13, 2006
YOUR COPY
TO:
Mark Lancaster, Deputy DirectorlCity Engineer
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2006-6
At the Mayor and Common Council meeting of January 9, 2006, the City of San Bernardino
adopted Resolution No. 2006-6 - Resolution authorizing the Mayor to execute a standard
contract with the County of San Bernardino, the City of Redlands, the City of Highland and
Inland Valley Development Agency (IVDA) to construct culverts at Alabama Street and City
Creek.
Attached are two (2) original agreements and six (6) duplicate original agreements. Please
obtain signatures in the appropriate locations and return the ORIGINAL agreement to the City
Clerk's Office as soon as possible, to my attention. Please keep the fully executed copies for
your records and for the other party,
If you have any questions, please do not hesitate to contact me at ext. 3206, Thank you.
Eileen Gomez
Senior Secretary
'pt of the above mentioned documents.
Signed:
Date: / ~( 7 --of;