HomeMy WebLinkAbout15-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
File: 7.01-39
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Subject: Resolution approving a Freeway
Agreement and a Memorandum of
Understanding (MOU) with the State of
California, Department of Transportation
(CALTRANS) for the right;...of-way acquisition
and construction of the State Route 210
Freeway westerly of"H" Street.
MCC Date: January 7,2002
Dept: Development Services
Date: December 19,2001
Synopsis of Previous Council Action:
11/20/00 Resolution supporting the State of California, Department of Transportation and San
Bernardino Association of Governments plan to expend State Funds for Right-of-Way Acquisition
for State Route 210 (Formerly known as State Route 30).
8110/00 State Route 210 Design Workshop
Recommended Motion:
Adopt Resolution.
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Contact person: Raymond A. Casey, Deputy Director
Phone:
)111
Supporting data attached: Staff Report, Resolution, Map
Ward:
5&6
FUNDING REQUIREMENTS: Amount: N/A
Source: N/A
Acct. Description:
Finance:
Council Notes:
\2t$6~Zt02-I.)
Agenda Item No.J 5'
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving a Freeway Agreement and a Memorandum of Understanding (MOU) with
the State of California, Department of Transportation (CALTRANS) for the right-of-way acquisition
and construction of the State Route 210 Freeway westerly of "H" Street.
Background:
State of California, Department of Transportation (CALTRANS) is nearing completion of the design
for the extension of State Route 210 Freeway westerly of "H" Street. Acquisition of right-of-way
has begun based on the Resolution adopted by this Council on November 20, 2000, but only for
core (full take) parcels. Upon completion of design, and execution of this agreement, the
remaining right-of-way for the project, including "partial takes", will be acquired by CALTRANS
and construction will begin shortly thereafter.
Ultimately about 250 parcels in the Freeway main corridor will have to be fully or partially
acquired. The parcels to be acquired have been identified based on an alignment, which has been
reviewed and accepted by City Staff and presented to the Mayor and Common Council in a
workshop on August 10, 2000. Comments received during the workshop had been conveyed to
SANBAG and incorporated into the design.
Adoption of this Resolution will enable CALTRANS to complete the acquisition of parcels necessary
to construct the freeway improvements. Early construction activities are scheduled to commence
within eighteen months and the entire project should be completed within four years. In addition,
CALTRANS, and City staff have drafted a Memorandum of Understanding regarding the State
Route 210 Freeway project which addresses issues not covered in the Freeway Agreement. The
MOU is intended to chart a course for further agency cooperation in areas such as the construction
of local road improvements and drainage facilities including the master planned State Street
outfall, a local contractor training/outreach program, a public information program, facilities
acceptance, enhanced aesthetics and others.
More specifically, the respective staff's have agreed to cooperate together in the creation of a
local/disadvantaged contractor training/outreach program to help make local and disadvantaged
contractors aware of contracting and subcontracting opportunities that may be available with the
upcoming freeway projects; and also make available training on related Federal and State Public
works contracting requirements. The respective staff s have also agreed to coordinate in an
ongoing public information program intended to keep residents informed of project status,
including updated local road detouring, affected utilities where applicable, and current phase
scheduling. In addition, the respective staff s have agreed to coordinate the resident and,
particularly, the business relocation efforts to attempt to mitigate the impacts on residents and
businesses to the greatest extent possible; up to and including City staff s helping to facilitate the
design and permitting of business relocation sites in San Bernardino.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
CALTRANS has also agreed to execute a subsequent letter agreement when more detailed design
information is available prior to beginning construction.
Financial Impact:
None.
Recommendation:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMM01\' COUNCIL OF THE CITY OF SA:\
3 BERNARDINO APPROVING A FREEWAY AGREEMENT AND A MEMORA1\'DDI
OF UNDERSTANDING (MOU) WITH THE STATE OF CALIFORNIA, DEPARTME1\'T
4 OF TRANSPORTATION (CALTRANS) FOR THE RIGHT-OF-WAY ACQUISITI01\'
5 AND CONSTRUCTION OF THE STATE ROUTE 210 FREEWAY WESTERLY OF "H"
STREET.
6
7 WHEREAS, the construction of the State Route 210 Freeway through the City of San
8 Bernardino is of utmost importance to both the City and CALTRANS.
9
10
11
12
13
WHEREAS, the Freeway Agreement, attached as Exhibit A and incorporated herein by
reference, provides for the acquisition of rights of way necessary to construct said freeway
improvements as well as local road closures and detours as may be necessary to complete such
improvement at CALTRANS' expense.
14 WHEREAS, the Memorandum of Understanding, attached as Exhibit B and incorporated
15 herein by reference, between CAL TRANS, and the City charts a course for further agency
16
cooperation in areas not covered by the Freeway Agreement, such as a contractor
17
trainingloutreach program, public information program, enhanced relocation program, facility
18
19
acceptance, enhanced aesthetics, and others.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
20
21 OF SAN BERNARDINO AS FOLLOWS:
22
23
24
25
26
27 III
28 III
1.
The Mayor is hereby authorized and directed to execute said Freeway Agreement
with CAL TRANS on behalf on the City;
2. The Mayor is hereby authorized and directed to execute said Memorandum of
Understanding with CALTRANS on behalf of the City.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY Of SA:\
2 BERNARDINO APPROVING A FREEWAY AGREEMENT AND A MEMORA.:\DDI
OF UNDERSTANDING (MOU) WITH THE STATE OF CALIfORNIA, DEPARTME:\T
3 OF TRANSPORTATION (CALTRANS) FOR THE RIGHT-Of-WAY A:\D
CONSTRUCTION OF THE STATE ROUTE 210 FREEWAY WESTERLY Of "H"
4 STREET.
5
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a _meeting thereof, held on the _day
7
8 of _, 2002, by the following vote, to wit:
9 Council Members:
ABSTAIN ABSENT
AYES
NAYS
10 ESTRADA
11
12
13
LIEN
MC GINNIS
SCHNETZ
14
SUAREZ
15
16 ANDERSON
17 MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,2002.
Judith Valles, Mayor
City of San Bernardino
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EXHIBIT "A"
8-SBd-210 (30)-KP R32.2/R37.2
(PM R20.0/R23.1)
In the City of San Bernardino
On Route 210 (30) between
San Bernardino West City Limit
and Route 259
08303 - 444001
FREEW A Y AGREEMENT
THIS AGREEMENT, made and entered into on this day of , 2002, by and
between the STATE OF CALIFORNIA, acting by and through the Department of Transportation
(herein referred to as "STATE"), and the CITY of SAN BERNARDINO (herein referred to as
"CITY"),
WITNESSETH:
WHEREAS, the highway described above has been declared to be a freeway by Resolution
of the California Highway Commission on May22, 1963; and
WHEREAS, STATE and CITY have entered into a Freeway Agreement dated October 7,
1985, relating to that portion of State Highway Route 30 (currently Route 210) from Highland
Avenue to "H" Street; and a Freeway Agreement dated March 18, 1969, relating to that portion
of State Highway Route 30 (currently Route 210) from the San Bernardino West City Limit to
Route 259; and
WHEREAS, CITY has subsequently annexed certain areas including portions of such
freeway covered by said Freeway Agreement dated April 5, 1965 with the County of San
Bernardino; and
WHEREAS, a revised plan map for such freeway has been prepared showing the proposed
plan of the STATE as it affects streets of the CITY; and
WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway
Agreement in accordance with the revised plan of said freeway;
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EXHIBIT "A"
8-SBd-210 (30)-KP R32.2 R37.2
(PM R20.0/R23.1)
NOW. THEREFORE, IT IS AGREED:
1. This agreement supersedes in its entirety said Freeway Agreement dated October 7. 1985.
that portion of said Freeway Agreement dated March 18, 1969, from San Bernardino West City
Limit to Route 259, and that portion of said Freeway Agreement dated April 5. 1965. from
Duffy Street to old eastern City Limits at Cajon Boulevard.
2. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets.
construction of frontage roads and other local streets, and other construction affecting CITY
streets, all as shown on said plan map attached hereto marked Exhibit "A", and made a part
hereof by this reference.
3. STATE shall, in construction of the freeway and at STATE'S expense, make such changes
affecting CITY streets in accordance with the plan map attached hereto marked Exhibit "A".
4. STATE agrees to acquire all necessary rights of way as may be required for construction,
reconstruction, or alteration of CITY streets, frontage roads, and other local streets, and CITY
hereby authorizes STATE to acquire in its behalf all such necessary right of way.
5. It is understood between the parties that the right of way may be acquired in sections or
units, and that both as to the acquisition of right of way and the construction of the freeway
projects, the obligations of STATE hereunder shall be carried out at such time and for such unit
or units of the project as funds are budgeted and made lawfully available for such expenditures.
6. CITY will accept control and maintenance over each of the relocated or reconstructed
CITY streets, and the frontage roads, and other STATE constructed local streets on receipt of
written notice to CITY from STATE that the work thereon has been completed, except for any
portion which is adopted by STATE as a part of the freeway proper. CITY will accept title to the
portions of sllch streets lying outside the freeway limits, upon relinquishment by ST ATE.
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EXHIBIT "A"
8-SBd-21O (30)-KP R32.2/R37.2
(PM R20.0/R23.1)
7. This Agreement may be modified at any time in writing by the mutual consent of the
parties hereto, as may become necessary for the best accomplishment, through ST ATE and
CITY cooperation, of the whole freeway project for the benefit of the people of the STATE and
of the CITY.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective duly authorized officers.
STATE OF CALIFORNIA
Department of Transportation
CITY OF SAN BERNARDINO
JEFF MORALES
Director of Transportation
By:
By:
APPROVED AS TO FORM AND
LEGAL CONTENT:
KARLA SUTLIFF
Acting Chief, Design Division
L7.~
(jtorney, CITY
APPROVED AS TO FORM:
Attorney, STATE
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EXHIBIT "8"
MEMORANDUM OF UNDERSTANDING
ROUTE 210 FREEWAY
BETWEEN
CALIFORNIA DEPARTMENT OF TRANSPORTATION (CAL TRANS)
AND
CITY OF SAN BERNARDINO
The intent of this Memorandum of Understanding (MOU) is to confirm basic features of the
Route 210 Freeway which have been the subject of discussion between the City and
California Department of Transportation (CALTRANS), but that are not part of the Route 210
Freeway Agreements.
1. Drainafl:e' The City will work with CALTRANS and SANBAG to develop and
construct the State Street Storm Drain. The City will construct the storm drain as a
City project. The City will review the project under CEQA. The City and SANBAG
will provide funding pursuant to a separate Drainage Agreement.
2.
Soundwall Aesthetics: Soundwalls along Route 210 will match the aesthetics used
along the western portions of the route. Soundwall aesthetics along Interstate 215
(near the 1-215/1-210 interchange) will be developed in concert with CALTRANS and
the City to complement the rest of the Interstate 215 corridor in San Bernardino.
3. Soundwall Ownership' The City will take ownership and maintain the soundwall
constructed along a " New Street" (currently unnamed ), southeast of the State Street
Interchange upon their satisfactory completion.
4. General Aesthetics: CALTRANS supports and will cooperate with the City in efforts
to seek additional funding for and incorporate enhanced aesthetic components
(landscaping, well/structure treatments on Interstate 210, etc.) into the project.
5. Construction Sta~in~lTraffic Handling: The City, CALTRANS, AND SANBAG, will
work closely to minimize local impacts during construction up to and including the
completion of local street improvements to be used in construction staging or for
detour routes in advance of the related freeway construction.
6. Utilities: CAL TRANS will coordinate all utility relocations associated with the freeway
projects with the various responsible entities and the City will be kept informed.
7.
Communication Plan: CALTRANS will provide a communication plan to the City.
The plan will include the procedures and medium of notification for all appropriate
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EXHIBIT "B"
personnel to be notified regarding construction related issues. The plan will define
such key areas as personnel contact list. emergency contacts and procedures,
communication and notification responsibilities, detour notification, and public
interface.
Public information meetings will be conducted as needed prior to any construction
activities. CALTRA:\S and the City will work closely on meeting content, location,
and timing.
A telephone number will be provided for the public to obtain project updates and ask
project-related questions.
8.
Contractor Outreach: CAL TRANS and the City will partIcIpate as appropriate in
outreach activities to Small Business Enterprises and Disadvantaged Businesses in an
effort to provide information regarding contracting opportunities.
9.
Relinquishment: Newly constructed improvements to be relinquished by CAL TRANS
to the City shall be constructed in accordance with approved plans and specifications
and shall be free of defects, structurally sound, and without visible flaws.
An assessment shall be made to determine the state of existing Route 30 (Highland
Avenue). Upon agreement that the facility is in a state of good repair, the City will
accept the relinquishment of the highway upon completion of the Route 210 Freeway
with no further improvements except for ongoing routine preventative, and scheduled
maintenance activities by CALTRANS at CALTRANS' own cost and expense until
relinquishment.
10.
Property Acquisition' CALTRANS and the City will cooperate together in their effort
to mitigate the impacts of the Route 210 Freeway Project on existing businesses and
residences, particularly on those which must be relocated to accommodate the
freeway expansion.
11.
Subsequent Letter Al1reement: All parties agree to execute a subsequent letter
agreement (if either party deems it necessary) addressing the issues in this MOU in
greater detail once the design is more complete and prior to construction.
12.
Cooperation: CALTRANS and all contractors working within City right of way will
acquire City permits as required by applicable City requirements. The City will
waive all plan check fees and permit fees related to freeway work. City will apply for
encroachment permits for any required work within State highway rights of way.
CALTRANS will waive all encroachment permit fees related to the storm drain project.
While this MOU specifies certain preliminary design issues, it is understood between the
parties that other issues will likely develop as the project progresses. All parties agree to
work cooperatively to solve these issues. The City agrees to respond in a timely manner, so
as not to interfere with the progress of the project. CALTRANS agrees to provide timely
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EXHIBIT "8"
review and feedback to the City's comments. Each party shall bear their own costs in relation
to carrying out the matters specified herein, unless otherwise specified, including, but not
limited to. preparation of any necessary documents and/or materials specified above.
DEPARTMENT OF TRANSPORTATIO:'l
CITY OF SAN BER.t~ARDINO
By:
By:
JUDITH VALLES
Mayor
ANNE E. MAYER
District Director
Date:
Date:
ATTEST:
By:
RACHEL G. CLARK
City Clerk
Date:
APPROVED AS TO FORM AND
LEGAL CONTENT
By: L ?j7~
aAMES F. PENMAN
CIty Attorney
Date: ~.2 7 ~Dol
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
January 11,2002
TO:
Raymond Casey, Deputy Director/City Engineer
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-15
At the Mayor and Common Council meeting of January 7, 2002, the City of San Bernardino
adopted Resolution 2002-15 - Resolution approving afreeway agreement and a Memorandum of
Understanding with the State of California, Department of Transportation (Caltrans) for the
right-ol-way acquisition and construction of the State Route 210 Freeway westerly of "H"
Street.
Attached are three (3) original agreements and one (I) original Memorandum of Dnderstanding
(MOD). Please obtain signatures in the appropriate locations and return the original agreements
and MOD to the City Clerk's Office as soon as possible, to my attention.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed:
Date:
Please sign and return
CITY CLERK'S OFFICE
RACHEL G. CLARK, C.M.C. - CITY CLERK
P.O. Box 1318. San Bernardino' CA 92402
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002 . Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.cLsan-bernardino.ca.ns
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January 25, 2002
Mr. Chuck Coe
Department of Transportation
464 W. 4th Street, 6th Floor
San Bernardino, CA 92401
Dear Mr. Coe,
Per your request, I have enclosed a certified copy of City of San Bernardino Resolution No.
2002- 15 - Resolution approving a freeway agreement and a Memorandum of Understanding
(MOU) with the State of California, Department of Transportation (Caltram) .lor the right-of-
way acquisition and construction of the State Route 210 Freeway westerly of "II" Street.
If you have any questions, or if I can be of any further assistance, please give me a call at (909)
384-5002.
Thank you,.
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Michelle Taylor '
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
../ $TATEOF....ALIFORNIA BUSINESS TRANSPORTA ONANDH INGAGEN Y
DEPARTMENT OF TRANSPORTATION
DISTRI CT 8
464 WEST FOURTII STREET
SAN BERNARDINO, CA 92401
PHONE (909) 383-5902
FAX (909) 383-6938
TTY (909) 383-6300
RAY DAVIS ovemor
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CITl' OF S,\N BERNARDINO
DEVELOF'i\lENT SERVICES
DEPARTMENT
Flex your power.!
Be energy efficient!
January 30, 2002
Mr, Ray Casey
City of San Bernardino
Department of Public Works
300 North "D" Street, 3rd Floor
San Bernardino, CA 92418
Dear Mr. Casey:
Enclosed for your use is the original signed Memorandum of Understanding for the Route
210 Freeway,
If you have any questions, please contact me at (909) 383-5902,
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STEVEN L KEEL
Route 210 Project Manager
cc: File
"Caltrans improves mobility across California"
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 29,2002
TO:
Raymond Casey, Deputy Director/City Engineer
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-14 and Resolution 2002-15 - Freeway Agreements
At the Mayor and Common Council meeting of January 7, 2002, the City of San Bernardino
adopted Resolution 2002-14 and Resolution 2002-15, both approving freeway agreements and
Memorandums of Understanding for the State Route 215 and State Route 210 freeways.
On January 11, 2002, the freeway agreements and Memorandums of Understanding were sent to
you for signatures. The executed MOUs have been returned; however, we have not received the
executed freeway agreements. If the freeway agreements have been executed, please forward
them to the City Clerk's Office, to my attention; otherwise, please submit a memo detailing their
status.
If you have any questions, please do not hesitate to call me at ext. 3206.
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. DEPARTMENT OF TRANSPORTATION
DISTRICT g
464 W. FOURTH STREET, 6th Floor
SAN BERNARDINO, CA 92401-1400
September 6, 2002
Mr. Ray Casey
Deputy Director/City Engineer
City of San Bernardino
300 North uD" Street
San Bernardino, CA 92418
Dear Mr. Casey:
08-SBd-210-KP R32.2!R37.2
(pM R20. 01R23.1)
In the City of San Bernardino
on Route 210 (30) between
San Bernardino West City Limit
and Route 259
08303 - 444001
"-7/
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Be energy efficient!
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Enclosed for your records is one (1) fully executed original Freeway Agreement between the State
and the City of San Bernardino for the above-referenced project.
If you have any questions, please call Mohammad Hossain in the Agreements Section at (909) 383-
6729.
ROBERT E. STOKES, Chief
Agreements/Minor Projects
Enclosure
"Caltrans improves mobility across California"
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** FOR OFFICE USE ONL Y - NOT A PUBLIC DOCUME~T * k
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): (-f) -02. Item #
Vote: Ayes ~ -'1 Nays..(j-
Change to motion to amend original documents: -
\ 5 Resolution 0 ___Z_Cfj2 =.t.:L_______
Abstain -e- Absem_~_~_
Reso. # On Attachments: / Contract term: -
Note on Resolution of Attachment stored separately: =-_
Direct City Clerk to (circle 1): PUBLISH. POST. RECORD W:COlJNTY
Null/Void Arter: -
-_._",,--
By: _~~__
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
1-\0--0;:)
h{)-Q}-
Reso. Log Lipdati:d: ""...
Seal Impressed- ____ ~_~_____
Date Sent to Mayor:
IrCl-02-
Date Memo/Letter Sent for Signature: _I - \ \-Q).
~Reminder Letter Sent onJlUb1liiy: ')-;lci-().?-
.Jll15ay Reminder Letter Sent 01\Mlh day: /~/
See Attached: ~ Date Returned: to-- \');,<6'/
See Attached: / ;l--\;>ccc> -rno", OAl1
See Attached: ,/'
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):
YesL
Yes
No
Yes
Yes
No-L
No ..L
No /.
NoT
By
By
By
By
By_
Yes
Copies Distributed to:
City Attorney V'
Parks & Rec.
Code Compliance
Dev. Services 1
EDA
Finance
MIS
Police
Public Services.
Water
Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: IDi....
Date: /O-;l1-o:r
Revised 01112/0 I