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OR1G1NAl
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Resolution approving Final Map for
Tentative Tract Map No. 14746
located at the intersection of "F"
Street and Hill Drive.
Dept: Development Services
Date: September 28,2005
File No.: TR No. 14746
MCC Date: October 17, 2005
Synopsis of Previous Council Action:
None.
Recommended motion:
Adopt resolution.
~f2u
Contact person: Lynn Parker, Sf. Civil Engineer
Phone:
Ext. 5110
Supporting data attached: Staff Report, Reso, Agreement & Map
Ward: 4 & 5
FUNDING REQUIREMENTS:
Amount: None
Source: (AceL No.)
(AeeL Description)
Finance:
Council Notes: /;4. J3 OtJ5 - 3:3 7
10/11 JDS
Agenda Item No. --1J
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Final Map for Tentative Tract Map No. 14746 located at the intersection
of "F" Street and Hill Drive.
Background:
On February 19, 2003, the Planning Commission approved Tentative Tract No. 14746
(Subdivision No. 02-06).
The Planning Commission approved a I-year extension of time from February 19, 2005, to
February 19, 2006 (Extension of Time No. 05-04) for Tentative Tract Map No. 14746.
The developer has posted the required bonds and insurance and has executed the standard
subdivision Agreement to guarantee the construction within 24 months.
All conditions for map recordation have been satisfied.
Financial Impact:
None.
Recommendation:
Adopt resolution.
2
09/28/055:13 PM
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RESOLUTION NO.
t~fr
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO.
4 14746, LOCATED AT THE INTERSECTION OF "F" STREET AND HILL DRIVE,
ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
5 AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR
THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
6 SPECIFIED.
7
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
8 CITY OF SAN BERNARDINO AS FOLLOWS:
9
SECTION 1. The Mayor and Common Council find that proposed Tract Map No.
10
14746, located at the intersection of "F" Street and Hill Drive, together with the provisions for
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their design and improvements, is consistent with the General Plan of the City of San
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13 Bernardino.
14 SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said
15 City to execute the standard form Subdivision Improvement Agreement with Hill Drive, L.P.
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for the improvements in said Tract Map as are required by Title 19 of the San Bernardino
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Municipal Code and the California Subdivision Map Act. The time for performance is as
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19 specified in the Agreement. Said improvements are specifically described and shown on
20 Drawings approved and on file in the office of Development Services of the City of San
21 Bernardino.
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SECTION 3. The Final Map of said Tract Map is hereby approved and the City of San
Bernardino hereby accepts as public property all dedications within the subdivision as shown on
said Tract Map for streets, alleys (including access rights), drainage and other public easements.
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26 As a condition precedent to approval of the Tract Map, the Subdivider shall first execute the
27 agreement referenced in Section 2 hereoffor the improvements within said Tract Map limits.
28 III
Vo. II
/ D); 7 j()5'
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 14746,
3 LOCATED AT INTERSECTION OF "F" STREET AND HILL DRIVE, ACCEPTING
4 THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING
EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE
5 IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
SPECIFIED.
6
7
The City Clerk shall certify approval and acceptance of the Mayor and Common Council
8 as set forth in this Resolution.
9 SECTION 4. This Resolution is rescinded ifthe parties to the agreement fail to execute
10 it within sixty (60) days of the passage of this Resolution.
11 III
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 14746,
2 LOCATED AT THE SOUTHWEST CORNER OF "F" STREET AND HILL DRIVE,
ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
3 AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR
4 THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
SPECIFIED.
5
6
Common Council of the City of San Bernardino at a
7
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting thereof, held
8 on the day of
9 Council Members:
10 ESTRADA
11 LONGVILLE
, 2005, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
12 MC GINNIS
13
14
15
DERRY
KELLEY
16 JOHNSON
17 MC CAMMACK
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19
20
City Clerk
The foregoing resolution is hereby approved this
day of
,2005.
21
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23
Judith Valles, Mayor
City of San Bernardino
24 Approved as to
form and legal content:
25
JAMES F. PENMAN,
26 City Attorney
{'"
27 By: I
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AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this
day of
, 2005, by
and between the CITY OF SAN BERNARDINO, a Municipal Corporation, hereinafter referred
to as "City," and IDLL DRIVE. L.P.. A CALIFORNIA LIMITED PARTNERSIDP,
hereinafter referred to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter called "map") entitled TRACT NO. 14746; and,
B. WHEREAS, the map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval, which map is hereby referred
to and incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map pnor to the
construction and completion of improvements, including all streets, highways or public ways and
public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called
"subdivision") designated in the map, all in accordance with, and as required by, the Plans and
Specifications for all or any of said improvements in, appurtenant to, or outside the limits of
subdivision, which Plans and Specifications are now on file in the Office of the City Engineer of
the City; and,
D. WHEREAS, Council has approved said map and accepted the dedications therein
offered, or some thereof, on condition that Subdivider first enter into and execute this Agreement
with the City; and,
E. WHEREAS, This Agreement is executed pursuant to the provisions of the
1
Subdivision Map Act of the State of California and Title 19 San Bernardino Municipal Code.
NOW TIIEREFORE, for and in consideration of the approval of the map and of the
acceptance of the dedications, or some thereof, therein offered and in order to insure satisfactory
performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of Work. Subdivider will do and perform, or cause to be done and
performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish all
required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required to
complete the work.
2. Work: Places and Grades to be Fixed by Engineer. All of said work is to be done
at the places, of the materials, in the manner, and _at the grades, all as shown upon the Plans and
Specifications therefor, heretofore approved by City Engineer and which are now on file in his
office, and to the satisfaction of said City Engineer.
3. Work: Time for Commencement and Performance. City hereby fixes the time for
the completion of said work to be within 24 MONTHS from the date hereof. .
4. Time of Essence - Extension. Time is of the essence of this Agreement; provided
that, in the event good cause is shown therefor, the City Engineer may extend the time for
completion of the improvements hereunder. Any such extension may be granted without notice
to the Subdivider's surety, and extensions so granted shall not relieve the surety's liability on the
bond to secure the faithful performance of this Agreement. The City Engineer shall be the sole
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and final judge as to whether or not good cause has been shown to entitle Subdivider to an
extension.
5. Repairs and Replacements. Subdivider shall replace, or have replaced, or repair,
or have repaired. as the case may be, all pipes and monuments shown on the map which have
been destroyed or damaged, and Subdivider shall replace, or have replaced. repair, or have
repaired. as the case may be, or pay to the owner the entire cost of replacement or repairs, of any
and all property damaged or destroyed by reason of any work done hereunder, whether such
property be owned by the United States, or any agency thereof, or the State of California, or any
agency or political subdivision thereof, or by the City, or by any public or private corporation, or
by any person whomsoever, or by any combination of such owners. Any such repair or
replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
6. Utility Deoosits - Statement. Subdivider shall file with the City Clerk, prior to
the commencement of any work to be performed within the area delineated on the map, a written
statement signed by Subdivider, and each public_utility corporation involved, to the effect that
Subdivider has made all deposits legally required by such public utility corporation for the
connection of any and all public utilities to be supplied by such public utility corporation within
the Subdivision.
7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense, obtain
all necessary permits and licenses for the construction of such improvements, give all necessary
notices and pay all fees and taxes required by law. Subdivider shall comply with all provisions
of the Subdivision Map Act and Title 19 San Bernardino Municipal Code.
8. Superintendence bv Subdivider. Subdivider shall give personal superintendence
to the work on said improvement, or have a competent foreman or superintendent, satisfactory to
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the City Engineer on the work at all times during progress, with authority to act for Subdivider.
9. Inspection bv City. Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City to all parts of the work and to the shops wherein the
work is in preparation.
10. Contract Security. Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of the improvement and acts to be performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of the
improvements and acts to be performed as security for the payment of all persons
performing labor and furnishing materials in connection with this Agreement;
and,
(c) An amount equal to at least twenty-five percent (25%) of the total estimated cost
of the improvements and acts to be performed as security for the guarantee and
warranty of the work for a period of one (1) year following the completion and
acceptance thereof against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the security and in addition to the face
amount of the security, there shall be included costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by City in successfully
enforcing the obligation secured. The type of security furnished shall be in the
form of bonds, deposits or letters of credit as provided in Title 19 San Bernardino
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Municipal Code, and the type shall be at the option of and subject to the approval
of the City Engineer and the City Attorney.
11. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph, and
such insurance shall have been approved by City Attorney as to form, amount and carrier, nor
shall Subdivider allow any contractor or subcontractor to commence work on his contract or
subcontract until all similar insurance required of the contractor or subcontractor shall have been
so obtained and approved. All requirements herein provided shall appear either in the body of
the insurance policies or as endorsements and shall specifically bind the insurance carrier.
(a) Worker's Compensation InsurancelEmDlover's Liability Insurance. Subdivider
shall maintain, during the life of this Agreement, Worker's Compensation
Insurance and Employer's Liability Insurance for all Subdivider's employees
employed at the site of improvement, and, in case any work is sublet, Subdivider
shall require any contractor or subcontractor similarly to provide Worker's
Compensation Insurance and Employer's Liability Insurance for all contractor's
or subcontractor's employees, unless such employees are covered by the
protection afforded by Subdivider. In case any class of employees engaged in
work under this Agreement at the site of the project is not protected under any
Worker's Compensation Law, Subdivider shall provide, and shall cause each
contractor and subcontractor to provide, adequate insurance for the protection of
employees not otherwise protected. Subdivider shall indemnify City for any
damage resulting to it from failure of either Subdivider or any contractor or
subcontractor to take out or maintain such insurance.
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(b) Public Liability and Prooertv Damage Insurance. Subdivider shall take out and
maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
commissions, officers, agents and employees, Subdivider and any contractor or
subcontractor performing work covered by this Agreement from claims for
damages for personal injury, (as defined hereunder), including death, as well as
from claims for property damage or product liability which may arise from
Subdivider's or any contractor's or subcontractor's operations hereunder, whether
such operations be by Subdivider or any contractor or subcontractor, or by
anyone, including, without limitation, agents, employees or independent
contractors, directly or indirectly employed by either Subdivider or any contractor
or subcontractor, and the amounts of such insurance shall be as follows:
(1) Public Liabilitv Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) forjnjuries, including, but not limited to, death, to
anyone person, and, subject to the same limit for each person, in an
amount not less than One Million Dollars ($1,000,000.00) on account of
anyone occurrence; Product Liability Insurance coverage should be part
of the Public Liability Insurance;
(2) Prooerty Damage Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance policies provided for in this
Paragraph II insures any entity, person, board or commission other than those
6
mentioned in this paragraph, such policy shaIl contain a standard form of cross-
liability endorsement, insuring on such policy City, its elective and appointive
boards, commissions, officers, agents and employees, Subdivider and any
contractor or subcontractor performing work covered by this Agreement.
(3) Tail Coverage. Insurance coverage, albeit for public liability or property
damage, shall be written, if possible, on an "occurrence" form rather than
a "claims made" policy. If the insurance policy is written on a "claims
made" policy, then additional coverage, entitled "tail coverage" must be
purchased to cover a period of one (I) year from completion of the project.
AIl subcontractors must and shall comply with the same insurance
provisions as the contractor(s) and subdivider(s).
(4) Personal Iniury - Defined. As used herein, the term "personal injury"
shall be defined as a hurt or damage to one's person including, without
limitation, damage to health, cuts, bruises, broken limbs and/or bones, or
the like, disabilities or impairments, including aggravation of existing
injuries, or invasion of personal rights, including libel or slander criminal
conversation, malicious prosecution, 'ralse imprisonment and mental
suffering.
12. Evidence ofInsurance. Subdivider and contractor shaIl furnish City, concurrently
with the execution hereof, with satisfactory evidence of the insurance required, and evidence that
City is named and endorsed on the policy as an additional insured. Subdivider and contractor
shall also provide City with evidence that each carrier wiIl be required to give City at least ten
(10) days prior written notice of the canceIlation or reduction in coverage of any policy during
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the effective period of this Agreement.
13. Hold Harrnless/Indemnification. Subdivider(s)/Developer(s) hereby agree to and
shall protect, defend, indemnify and hold the City and its elective and appointive boards,
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and character
including, but not limited to, the amounts of judgments, penalties, interests, court costs,
attorney'sIlegal fees, and all other expenses incurred by the City arising in favor on any party,
including claims, liens, debts, demands for lost wages or compensation, personal injuries,
including employees of the City, death or damages to property (including property of the City)
and without limitation by enumeration, all other claims or demands of every character occurring
or in any way incident to, in connection with or arising directly or indirectly, (including from the
negligent performance by its officers, employees, agents) from the terms of this Agreement,
whether such operations/incidents are caused by contractor, Subdivider or any of
contractor/Subdivider's subcontractors, contracto!"S or by anyone or more persons directly or
indirectly employed by or acting as agent for contractor, Subdivider, or anyone of contractor or
Subdivider's contractors or subcontractors. Subdivider/Developer shall investigate, handle,
respond to, provide defense for and defend any such claims, demand, or suit at the sole expense
of the Subdivider/Developer even if the claim or claims alleged are groundless, false or
fraudulent. Subdivider agrees to, and shall, defend City, its appointive boards, commissions,
officers, agents and employees from any suits or actions at law or in equity for damages caused,
or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider which it
may have by reason of the aforesaid hold harmless agreement, because of the
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acceptance by City, or by deposit with City by Subdivider, or any of the insurance
policies described in Paragraph 11 hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to all
damages and claims for damages of every kind suffered, or alleged to have been
suffered, by reason of any of the aforesaid operations referred to in this paragraph,
regardless of whether or not City has prepared, supplied or approved of Plans
and/or Specifications for the subdivision, or regardless of whether or not such
insurance policies shall have been determined to be applicable to any of such
damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
SubdividerIDeveloper or the City or to enlarge in any way the Subdivider's!Developer's liability
but is intended solely to provide for indemnification of the City from liability for damage or
injuries to third persons or property arising from SubdividerIDeveloper's performance hereunder.
14. Title to Improvements. Title to, IlI!d ownership of, all improvements constructed
hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such
improvements by City.
15. Repair or Reconstruction of Defective Work. If, within a period of one year after
final acceptance of the work performed under this Agreement, any structure or part of any
structure furnished and/or installed or constructed, or caused to be installed or constructed by
Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements
of this Agreement or the Specifications referred to herein, Subdivider shall, without delay and
without any cost to City, repair or replace or reconstruct any defective or otherwise
unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in
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accordance with this requirement, or should the exigencies of the situation as determined by the
City in the exercise of its sole discretion require repair, replacement or reconstruction before the
Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or
perform the necessary work, and Subdivider shall pay to the City the actual cost of such repairs
plus fifteen percent (15%).
16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents
or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of all
permit fees for all engineering inspections and other services connected with the City in regard to
the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution
of the work, or any severable part thereof, with such diligence as will insure its completion
within the time specified, or any extensions thereof, or fails to obtain completion of said work
within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make
a general assignment for the benefit of Subdivider's creditors, or if a receiver should be
appointed in the event of Subdivider's insolvency, or if Subdivider, or any of Subdivider's
contractors, subcontractors, agents or employees, should violate any of the provisions of this
Agreement, City Engineer or City Council may serve written notice upon Subdivider and
subdivider's surety of breach of this Agreement, or of any portion thereof, and default of
Subdivider.
19. Breach of Agreement Performance bv Surety or City. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
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improvement herein specified; provided, however, that it the surety, within five days after the
serving upon of such notice of breach, does not give City written notice of its intention to take
over the performance of the contract, and does not commence performance thereof within five
days after notice to City of such election, City may take over the work and prosecute the same to
completion, by contract or by any other method City may deem advisable, for the account and at
the expense of Subdivider, and Subdivider's surety shall be liable to City for any excess cost or
damages occasioned City thereby; and, in such event, City, without liability for so doing, may
take possession of, and utilize in completing the work, such materials, appliances, plant and other
property belonging to Subdivider as may be on the site of the work and necessary therefor.
20. Notices. All notices herein required shall be in writing, and delivered in person or
sent by registered mail, postage prepaid.
(a) Notices required to be given to City shall be addressed as follows:
City Administrator
City Hall
300 North "D" Street
San Bernardino, California 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
GARDNER CONSTRUCTION AND DEVELOPMENT, INe.
555 CAJON STREET STE G, REDLANDS, CA 92373
(c) Notices required to be given to surety of Subdivider shall be addressed as follows:
Provided that any party or the surety may change such address by notice in writing to the other
party, and, thereafter, notices shall be addressed and transmitted to the new address.
21. Successors Bound. This Agreement shall be binding upon and inure to the benefit
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of each of the parties and their respective legal representatives, successors, heirs and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
A ITEST:
CITY OF SAN BERNARDINO
By:
City Clerk
Judith Valles, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney,
By:
By: ~~t. "~1L
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Mooting D'te (D", Ad"eJfd)' 10 -11- 0 S Il<m # ., I R,"olution )00 r - 3 31
Vote: Ayes ~ Nays Abstain Absent
Change to motion to amend original documents 0 Companion Resolutions
NulI/Void After: days /
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
I pt I ~/ 05
Date of Mayor's Signature: I Vi \(.:;t-- V ~
Date ofClerk/CDC Signature: /0 II:{, t<
Date Sent to Mayor:
Date Memo/Letter Sent for Signature:
15t Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Reso. Log Updated:
((j
[Z(
Seal Impressed:
Reso. # on Staff Report g//
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):
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others: /7.-11.1.'...1,
EDA
Facilities
Finance
Fire Department
Notes:
./
Yes
No By _
No"---. By_
No~ By__
No~ By_
No .-----By_
Yes
Yes
Yes
Yes
Information Services 0
Parks & Recreation 0
Police Department 0
Public Services 0
Water Department 0
I
Ready to File: ~
Date: ,rJ I :;{ VS
Revised 12/18/03
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
October 25,2005
TO:
Lynn Parker, Senior Civil Engineer
Development Services Department
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution No. 2005-337
At the Mayor and Common Council meeting of October 17, 2005, the City of San Bernardino
adopted Resolution No. 2005-337 - Resolution approving the final map for Tract Map No.
14746, located at the intersection of "F" Street and Hill Drive, accepting the public dedications
as set forth on said map; and authorizing execution of the standard form of agreement for the
improvements in said subdivision, with time for performance specified.
Attached are a copy of Resolution No. 2005-337 and two (2) fully executed original agreements.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
I hcreby "'kny~ ofthe above menHoned documents.
Signed: "--L// /
'-'
Date:
I 0' ') S b<;
Please sign and return