HomeMy WebLinkAbout05.N- Public Works 5.N
RESOLUTION (ID # 3529) DOC ID: 3529 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Robert Eisenbeisz M/CC Meeting Date: 12/15/2014
Prepared by: Michael Grubbs, 19091) 384-
5140
Dept: Public Works Ward(s): 6
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
an Agreement with the County of San Bernardino for Transfer of Right-Of-Way and
Maintenance of a Certain Portion of Institution Road Southwesterly of Cajon Boulevard
in the City of San Bernardino, and Consenting to the Establishment of that Portion of
Institution Road as a County Highway. (#3529)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Funding for this Project is included in City's Annual Street Maintenance budget.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
09/02/08 Resolution No. 2008-351 was adopted, approving a Baseline Agreement
with the California Transportation Commission (CTC), the California
Department of Transportation (CALTRANS) and the San Bernardino
Associated Governments (SANBAG) for the Palm Avenue/BNSF Grade
Separation Project.
09/02/08 Resolution No. 2008-352 was adopted, approving a Funding Agreement for
Palm Avenue/BNSF Grade Separation with the San Bernardino County
Transportation Authority (SANBAG).
10/06/08 Resolution No. 2008-378 was adopted, approving a Cooperative Agreement
No. CO8202 with SANBAG to provide services related to Project Approval
and Environmental Document (PA&ED), and Plans, Specification and
Estimate (PS&E) for a Grade Separation at Palm Avenue over the BNSF
Railroad.
05/17/11 Resolution No. 2011-108 was adopted, approving a Cooperative Agreement
No. C11180 with the San Bernardino County Transportation Authority and
the San Bernardino County Transportation Commission to provide Right-of-
Way services for a Grade Separation at Palm Avenue over the BNSF
Railroad.
07/17/12 Resolution No. 2012-200 was adopted, approving a Cooperative Agreement
No. C12241 with the San Bernardino County Transportation Authority
Resolution required to construct a Grade Separation at Palm Avenue and
Burlington Northern Santa Fe Railway (BNSF).
Background:
Updated: 12/10/2014 by Georgeann "Gigi" Hanna C Packet Pg.283
5.N
3529
SANBAG is currently working on a grade separation on Palm Avenue over the BNSF
Railroad and expects to complete the work by April of 2015. The work consists of
construction of a bridge over both the BNSF Railroad lines and Cajon Boulevard. The
southwest end of the bridge will touch down southwesterly of Cajon Boulevard and
connect to a roadway known as Institution Road, which currently serves County facilities
in the area cni ith and Xniect of (.ginn Rni ileyarri, h iiri-zrlin inn of Inctifi ttinn Pnnrl iQ
unevenly split between the City of San Bernardino and the County of San Bernardino
with the County having the largest portion. A segment of the roadway between the
UPRR Railroad and the San Bernardino City Limit line is owned by Vulcan Properties.
The City approved a Specific Plan of development for the area, which requires Vulcan
to dedicate right-of-way for Institution Road as properties along its reach develop.
At the present time, County facilities, such as the Sheriff's Facility, Off-Highway Vehicle
Park, and Glen Helen Park, are the primary users of Institution Road. The road routinely
closes at Cajon Creek during heavy storms. As Vulcan Properties develop parcels, the
roadway will be improved with standard improvements and it will be the responsibility of
the City to assume maintenance of the portion adjacent to the developed property.
The County has obtained funding to improve the crossing at Cajon Creek and Vulcan
has agreed to donate the right-of-way to the County. The Agreement provides that the
County assume maintenance responsibility for the portion of the roadway between the
Sheriff's facility and the UPRR Railroad, which includes a portion that is located within
the City. The City will assume responsibility for the portion between the UPRR Railroad
and Cajon Boulevard (shown in blue and attached as Exhibit 1) upon completion of the
Palm Avenue/Cajon Boulevard Grade Separation Project. The Agreement further
provides that the City will assume maintenance responsibility for the portion (shown in
yellow and attached as Exhibit 1) upon approval of occupancy of adjoining properties
and a County declaration that the segment is no longer a County Highway. Maintenance
responsibility for the portion of the roadway crossing Cajon Creek (shown in red and
attached as Exhibit 1) will remain with the County.
Vulcan Properties is willing to donate the property to the County of San Bernardino, but
they wish to make the donation effective this 2014 year for tax purposes. The County
has told Vulcan Properties that it will not accept their donation (quitclaim deed) until
after the City has adopted a resolution consenting to the County's actions establishing
this part of Institution Road as part of the County Highway, pursuant to California
Streets and Highways Code Section 1700 and 1701.
Accommodating Vulcan's request will require the City to approve the Agreement at the
December 15, 2014 Mayor and Common Council meeting. This approval will be prior to
approval by the County, which is currently scheduled to approve the Agreement on
December 16, 2014. Staff has added language to the City's Resolution consenting to
the County's actions in accordance with Section 1701 and making the Agreement
effective upon approval of the Agreement by the County Board of Supervisors, and
rescinding the City's approval of the Agreement if the County Board of Supervisors does
not approve the Agreement within the next six months..
Updated: 12/10/2014 by Georgeann "Gigi" Hanna C Packet Pg. 284
5.N
3529
This Agreement, when fully implemented and after the Vulcan property is developed,
will add approximately one-quarter (1/4) mile to the maintained roadway system in the
City. The City has approximately 629 miles in its maintained system, so the financial
impact of adding 1/4-mile will be miniscule. The County will continue to maintain
approximately 1 mile (shown in red and attached as Exhibit 1) of Institution Road within
the City I imitg. This rni drl rP8i dt in rnncidP_rahip fi itii ire 5ayingc to the City cinre this is
the location of the high maintenance Cajon Creek crossing.
Staff has reviewed the attached Agreement and recommends approval.
City Attorney Review:
Supporting Documents:
Institution Road Reso (DOC)
agrmt 3529 (PDF)
Updated: 12/10/2014 by Georgeann "Gigi" Hanna C Packet Pg. 285
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING AN AGREEMENT WITH THE COUNTY OF
3 SAN BERNARDINO FOR TRANSFER OF RIGHT-OF-WAY AND MAINTENANCE
4 OF A CERTAIN PORTION OF INSTITUTION ROAD SOUTHWESTERLY OF
CAJON BOULEVARD IN THE CITY OF SAN BERNARDINO, AND CONSENTING
5 TO THE ESTABLISHMENT OF THAT PORTION OF INSTITUTION ROAD AS A
COUNTY HIGHWAY. d
6
W
WHEREAS, Institution Road, from .32 miles northeast of Verdemont Ranch Road to 2
26 miles southwest of Cajon Boulevard (which point is at the intersection of Institution Road
8 �
9 and the southwest right-of-way line of the Union Pacific Railroad ("UPRR")) (said reach is R
0
W
10
hereinafter referred to as the "Subject Reach of Institution Road"), lies within the o
.2
11
jurisdictional limits of the City; and y
12
WHEREAS, the County of San Bernardino and the City wish to formalize an
13
14 Agreement establishing responsibilities and obligations of each regarding right-of-way and
a
15 maintenance of the Subject Reach of Institution Road; and
0
16 WHEREAS, approval of such an Agreement is in the best interest of the City; and v
17 WHEREAS, Section 1700 of the California Streets and Highways Code states that the M
18 0
board of supervisors of any county may, by resolution adopted by a four-fifths vote of its
19
20 members, declare any highway in the county lying in whole or in part within a city to be a 0
c
21 county highway for one or more of the following purposes: acquisition of right-of-way,
22 construction,maintenance, improvement or repair; and =
23 WHEREAS, Section 1701 of the California Streets and Highways Code states that the d
E
24
governing body of a city may, by ordinance or resolution, consent to the establishment of the
25 a
26 proposed county highway and that upon the taking of effect of the ordinance or resolution
27 containing such consent by a city, the portion of such highway shall become a county
28
1
Packei Pg.286
1
highway for one or more of the purposes described in Section 1700 of the Streets and
2 Highways Code.
3
4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
5 SECTION 1. The City Manager is hereby authorized and directed to execute on
6
behalf of the City, an Agreement with the County of San Bernardino for transfer of right-of-
7
8
way and maintenance responsibility for the Subject Reach of Institution Road southwesterly
9 of Cajon Boulevard, attached and incorporated herein as Exhibit"A".
0
W
10 SECTION 2. The Mayor and Common Council hereby consents to the establishment c
11 of the Subject Reach of Institution Road as a County Highway of the County of San N
12
Bernardino. _
13
14 SECTION 3. The above-referenced Agreement shall not become effective until it is a
15 approved by the Board of Supervisors of the County of San Bernardino. If the Agreement is >,
16 not approved by the Board of Supervisors of the County of San Bernardino within 6 (six) c i
17
months of the adoption of this Resolution, then the City's approval of the Agreement is M
18 0
rescinded. 0
CD
19
20
21 o
r
w
22
23
24
U
25 a
26
27
28
2
i
FPacket Pg.287
sygr `
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING AN AGREEMENT WITH THE COUNTY OF
2 SAN BERNARDINO FOR TRANSFER OF RIGHT-OF-WAY AND MAINTENANCE
OF A CERTAIN PORTION OF INSTITUTION ROAD SOUTHWESTERLY OF
3 CAJON BOULEVARD IN THE CITY OF SAN BERNARDINO, AND CONSENTING
4 TO THE ESTABLISHMENT OF THAT PORTION OF INSTITUTION ROAD AS A
COUNTY HIGHWAY. d
5 0
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
7 and Common Council of the City of San Bernardino at a meeting
8
thereof, held on the day of , 2014,by the following vote, to wit:
9
0
10 Council Members: AYES NAYS ABSTAIN ABSENT =
0
w
11 MARQUEZ Y
N
12 BARRIOS
13
VALDIVIA E
d
14
SHORETT a
15 w
16 NICKEL 0
17 JOHNSON N
N
M
18 MULVIHILL 0
19
20 W
Georgeann Hanna, City Clerk o
21 r
22 The foregoing resolution is hereby approved this day of , 2014. y
23
E
24 R. CAREY DAVIS, Mayor
25 City of San Bernardino Q
26 Approved as to form:
GARY D. SAENZ,
27 City Attorney
28 By:
3
Packet Pg.288
FOR COUNTY USE ONLY
New FAS Vendor Code Dept. Contract Number
�Eu',vro,N Change
i Cancel CITYOFS772 ' °��' TRA
ePro Vendor Number ePro Contract Number
County Department Dept. Orgn. Contractor's License No.
Public YYV1r-1- 1IaI1JI.rVIla io l rN/A Rr1
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino Eric D.Jacobsen, (909)387-8166
Supervising Transportation Analyst FAS Contract Type m
Revenue El Encumbered 171 Unencumbered Other: v
STANDARD CONTRACT If not encumbered or revenue contract type,provide reason: Acquisition and Maintenance Agreement
m
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
$
Fund Dept, Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount c
SAA TRA TRA $ f0
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
m
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount 0
x
$ c
Project Name Estimated Payment Total by Fiscal Year
Institution Road FY Amount I/D FY Amount I/D
N
- C
r
C
0
1 E
d
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter caller
the County, and
Name y
City of San Bernardino hereinafter called CITY
Address 0
300 N. "D" Street v
a)
N
San Bernardino, CA 92418 in
M
Telephone Federal ID No.or Social Security No. M
(909) 384 -5141 c•t
LO
M
IT IS HEREBY AGREED AS FOLLOWS: ;
W I T N E S S E T H R
w
c
a�
WHEREAS, Institution Road, from .32 miles northeast of Verdemont Ranch Road to .26 miles southwest o
Cajon Boulevard (which point is at the intersection of Institution Road and the southwest right-of-way line of the
Union Pacific Railroad ("UPRR")) (said reach is hereinafter referred to as the "SUBJECT REACH OF Q
INSTITUTION ROAD"), lies within the jurisdictional limits of the City of San Bernardino (hereinafter referred to a;
"CITY'); and
WHEREAS, the SUBJECT REACH OF INSTITUTION ROAD has not been declared a CITY street and i;
not maintained by the CITY; and
Auditor-Controller/Treasurer Tax Collector Use Only
❑Contract Database ❑FAS
Input Date Keyed By
Packet Pg. 289
5.N.b
WHEREAS, Institution Road, including the SUBJECT REACH OF INSTITUTION ROAD, provides primal
access to the Glen Helen Rehabilitation Center and the Frank Bland Regional Training Center (hereinafter referre
to as "COUNTY FACILITIES"), both of which are owned and operated by the County of San Bernardir
(hereinafter referred to as "COUNTY"); and
WHEREAS, COUNTY desires to develop a project to reconstruct, maintain, improve, and/or repair, th
roadway surface on the SUBJECT REACH OF INSTITUTION ROAD to the COUNTY FACILITIES; and
WHEREAS, CITY owns right-of-way on that portion of Institution Road under, over and across UPRR righ
of-way; and
c
WHEREAS, San Bernardino Associated Governments (SANBAG) currently has right-of-way and a roa c
easement along Institution Road, from Cajon Boulevard to the point at the intersection of Institution Road and th
northeast right-of-way line of UPRR; and
-a
c
WHEREAS, SANBAG will transfer the right-of-way and road easement on Institution Road from Cajo
Boulevard to the point at the intersection of Institution Road and the northeast right-of-way line of UPRR to CIT'
upon completion of the Palm Avenue Grade Separation Project (Grade Separation Project); and
0
o!
WHEREAS, CITY has partnered with SANBAG on the Grade Separation Project; and o
.F
WHEREAS, CITY/SANBAG's Grade Separation Project involves the construction of a two-lane bridge ove
Burlington Northern Santa Fe (BNSF) railroad tracks to eliminate the need for motorists and emergency vehicle c
to wait for trains to pass; and
r
a
WHEREAS, CITY's Grade Separation Project will physically improve the easterly portion of Institutioi E
Road, as well as improve traffic circulation on the entire reach of Institution Road; and
rn
Q
WHEREAS, CITY will continue to maintain the portion of Institution Road described in the fifth recita w
above, and, upon completion of CITY's Grade Separation Project and conveyance of the associated right-of-wa, o
to CITY, CITY will maintain and continue to maintain the reach of Institution Road, described in the sixth recite U
above, and Palm Avenue within the Grade Separation Project limits illustrated in Exhibit 2 attached to thi,
agreement and incorporated herein by this reference; and LO
M
WHEREAS, as provided below, CITY will also accept into its maintained street system the portion of the N
SUBJECT REACH OF INSTITUTION ROAD that starts at the COUNTY's solid waste access road, which is A( M
miles west of Cajon Boulevard, and ends at the southwest right-of-way line of UPRR, when/if any parcel tha E
adjoins said reach of Institution Road is/was approved by CITY for occupancy, and development on a parce 6
adjoining that portion of the roadway is used for access to that parcel, and COUNTY declares that stretch o
Institution Road to no longer be a COUNTY highway under Streets and Highways Code section 1704, a: a
illustrated in Exhibit 1 attached to this agreement and incorporated herein; and =
WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they a
pertain to the SUBJECT REACH OF INSTITUTION ROAD.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 COUNTY AGREES TO:
1.1 Consider adoption of a resolution, pursuant to section 1700 of the California Streets and
Highways Code, which declares the SUBJECT REACH OF INSTITUTION ROAD a
COUNTY highway for the purposes of right-of-way acquisition, construction, maintenance,
improvement, and repair, and accepts the SUBJECT REACH OF INSTITUTION ROAD into
the County Maintained Road System.
Revised 03/22/2012 Packet Pg. 290
1.2 Forward a copy of the resolution, if adopted pursuant to Paragraph 1.1, to CITY as required
by section 1701 of the California Streets and Highways Code.
1.3 Provide at least 60 days' notice to CITY before filing a resolution with CITY's Clerk as
provided in Section 2.3 below.
2.0 CITY AGREES TO:
2.1 Consider adoption of a resolution, pursuant to section 1701 of the California Streets and
Highways Code, that consents to the establishment of the SUBJECT REACH OF
INSTITUTION ROAD in the CITY as a COUNTY highway should the COUNTY adopt a
resolution pursuant to Paragraph 1.1 of this Agreement. _
2.2 For development fronting the SUBJECT REACH OF INSTITUTION ROAD: c
2.2.1 Require developers to properly mitigate development impacts.
2.2.2 Review and approve street improvement plans associated with the development
fronting Institution Road.
2.2.3 Inspect and approve the work performed by developers. c
2.2.4 Coordinate with COUNTY to facilitate the construction of the required road
improvements by the developer. W
2.2.5 Notify the COUNTY Director of Public Works when the developers have completed
development of the parcels fronting Institution Road. 0
2.2.6 Cooperate with COUNTY in performing inspections of the work performed.
2.2.7 Accept into CITY's maintained street system that portion of the SUBJECT REACH
OF INSTITUTION ROAD that starts at the COUNTY's solid waste access road and Y
ends at the southwest right-of-way line of UPRR when/if any parcel that adjoins said
reach of Institution Road is/was approved by CITY for occupancy, and development
on that parcel uses that portion of Institution Road for access to that parcel, and
COUNTY declares that stretch of Institution Road to no longer be a COUNTY d
highway. d
2.3 Consider adoption of a resolution or resolutions, pursuant to section 1806 of the California a
Streets and Highways Code, to accept the SUBJECT REACH OF INSTITUTION ROAD, or r
a portion of the SUBJECT REACH OF INSTITUTION ROAD, into the CITY street system
within ten (10) calendar days after COUNTY files the resolution that results in the v
relinquishment with the CITY's Clerk pursuant to Streets and Highways Code section 1704.
2.4 Maintain Institution Road, from Cajon Boulevard to the southeast right-of-way line of UPRR, LO
commencing no later than the completion date of the Grade Separation Project.
2.5 Continue to maintain the portion of Institution Road under, over and across UPRR right-of- N
way. M
3.0 IT IS MUTUALLY AGREED: E,
3.1 COUNTY agrees to indemnify and hold harmless CITY and its officers, employees, agents,
and volunteers from any and all claims, actions or losses, damages, and/or liability resulting d
from the COUNTY's negligent acts or omissions which arise from the COUNTY's E
performance of its obligations under this agreement.
3.2 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless a
the COUNTY and its officers, employees, agents and volunteers from any and all claims,
actions, losses, damages and/or liability arising out of its obligations under this agreement.
3.3 In the event the COUNTY and/or CITY is found to be comparatively at fault for any claim,
action, loss or damage which results from their respective obligations under the Agreement,
the COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault.
3.4 In the event of litigation arising from this Agreement, each Party to the agreement shall bear
its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or
attorneys)fees relative to Paragraphs 3.1 through 3.3.
3.5 The CITY and COUNTY are authorized self-insured public entities for purposes of
Professional Liability, Automobile Liability, General Liability, and Workers' Compensation
Revised 03/22/2042 Packet Pg.291
i
and CITY and COUNTY warrant that through their programs of self-insurance, CITY and
COUNTY have adequate coverage or resources to protect against liabilities arising out of
CITY's and COUNTY's performance of this Agreement.
3.6 Except for the indemnification obligations provided in Paragraphs 3.1 through 3.4 which
shall survive termination of this Agreement, this Agreement shall terminate if:
3.6.1 COUNTY and CITY do not, within six (6) months from the effective date of this
Agreement, adopt resolutions pursuant to Paragraphs 1.1 and 2.1, in which case this
Agreement terminates at such time; or
3.6.2 COUNTY and CITY adopt resolutions pursuant to Paragraphs 1.1 and 2.1 and
COUNTY later adopts a resolution or resolutions that relinquishes or relinquish the
entire SUBJECT REACH OF INSTITUTION ROAD, in which case this Agreement =
shall terminate ten (10) calendar days after COUNTY files the resolution that results
in the relinquishment with the CITY's Clerk pursuant to Streets and Highways Code
section 1704. Paragraph 2,3 shall survive termination of this Agreement.
3.7 This Agreement contains the entire agreement of the Parties with respect to subject matter
hereof, and supersedes all prior negotiations, understandings or agreements. No
supplement, modification, or amendment of this Agreement shall be binding unless
executed in writing and signed by both Parties.
3.8 This Agreement shall be governed by the laws of the State of California. Any action or �°
proceeding between CITY and COUNTY concerning the interpretation or enforcement of o
this Agreement, or which arises out of or is in any way connected with this Agreement, shall
be instituted and tried in the appropriate state court located in the County of San Y
Bernardino, California.
3.9 Time is of the essence for each and every provision of this Agreement. ,
3.10 Since the Parties or their agents have participated fully in the preparation of this Agreement,
CD
the language of this Agreement shall be construed simply, according to its fair meaning, and E
not strictly for any or against any Party. The captions of the various articles and paragraphs
are for convenience and ease or reference only, and do not define, limit, augment, or Q
describe the scope, content, or intent of this Agreement. w
3.11 No waiver of any default shall constitute a waiver of any other default or breach, whether of o
the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily
given or performed by a Party shall give the other Party any contractual rights by custom,
estoppel, or otherwise.
LO
3.12 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, N
unless the purpose of this Agreement is frustrated. M
3.13 This Agreement may be signed in counterparts, each of which shall constitute an original. E
3.14 The Recitals are incorporated into the body of this Agreement. M
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both Parties.
w
w
Q
Revised 03/22/2012 Packet Pg.292
5.N.b
i
E
COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
�- By ®' d
Janice Rutherford, Chair, Board of Supervisors (Authorized signature-sign in blue ink)
c
Dated: Name Allen J. Parker'
(Print or type name of person signing contract) S
CU
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE Title City Manager
CHAIRMAN OF THE BOARD (Print or Type) c=a
Laura H. Welch Dated:
Clerk of the Board of Supervisors
of the County of San Bernardino
0
By Address 300 N. D Street 6 th Floor
Deputy o
San Bernardino CA 92418
w
Approved as to form: c
c
d
E
Gary Benz, City of San Bernardino City Attorney
L
Q
w
0
U
w
N
47
M
N
u7
M
E
i
a1
f4
r
G
E
U
cC
Q
Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature
D•
lb-
cott Runyan,Deputy County Counsel Grant C.Mann,Chief Gerry Newcombe,Department Head
Date Date Date
Revised 0312212012 Packet Pg.293"
r
�A'.,,r
al
Ya
,�., tw
\�17
y+
_. � t+V�Rfi Vyl X42 � � 7'F C"t�y •, �'y. •
,
E
Bill" i
y
C ��}
! C t
MEN,
5�25i9�i� y t
Dart$ y t��pp vPl} A,V V
F yY
'a
t�1t1 v ,
1
v tit Pia ��
k
`p. +1�A.�y�f���`���+�S�a�i,„tic�".'�M'dyi�y,�n� tbrit`t�.' "�V ,:•k`�
MERM
5.N.b
EXHIBIT 2
Aw Y?A
Co
tx + a
of
W
'-
o
u o
two
.�+�"` 3•':f ;�.t a�:... ... g;: � �rx�a rn
....�.:.� y tl'NP1 ux d$NM i3�JF �• E
r x+
t
1 4 •,,Z f'
=d o
LO
IN
r f a Cl)
}} L
01; R
,F{ E
Co
fir,. ..f v
' 3YR11't Mlt IIYIIIIYd MOI►M ! � � � � � � ��� � '
Yp
Revised 03/22/2012 Packet Pg. 295