The URL can be used to link to this page

Home My WebLink About2004-0171 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-17 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE FOURTH AMENDMENT TO THE LIMITED ACCESS EASEMENT AGREEMENT (TEMPORARY) BETWEEN THE CITY AND RANCON REALTY FUND IV TO EXTEND THE TERM OF AGREEMENT RELATING TO THE FORMER WATERMAN LANDFILL BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to execute on behalf of said City a Fourth Amendment to the Limited Access Easement Agreement (Temporary) between the City of San Bernardino and Rancon Realty Fund IV, copy of which is attached hereto, marked Exhibit "1" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced Fourth Amendment is rescinded if not issued within sixty (60) days of the passage of this resolution. 2004-17 1 2 3 4 6 7 8 9 10 it 131 141 1 17 18 19 20 21 23I.A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE FOURTH AMENDMENT TO THE LIMITED ACCESS EASEMENT AGREEMENT (TEMPORARY) BETWEEN THE CITY AND RANCON REALTY FUND IV TO EXTEND THE TERM OF AGREEMENT RELATING TO THE FORMER WATERMAN LANDFILL HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 20tn day of January , 2004, by the following vote, to wit: Council Members: ESTRADA LONGVILLE MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK AYES NAYS The foregoing resolution January 2004. Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By: ember 13, 2002 ABSTAIN ABSENT ( lRac el G Clark City Cle is -hereby approved this y Susan Longville, Mayor Pro Tern City of San Bernardino of PLEASE CCMM.KM THIS INFORN1ATN7N AND te16i RBCORO® MAL TO. Michelle Taylor City of San Bernardino P.O. Box 1318 San Bernardino, CA 92402 Recorded in Official Records, County of San Bernardino 410512004 LARRY WALKER AM e Auditor/Controller — Recorder VT R Regular Mail Dock 2004— 0231124 Titles: 1 Pages: 5 Fees 0.00 Taxes 0.00 1ra 7!se /IIllihilllillllllllllllllllilllllllllllllll PRIDr $0.00 itn f S 6 ea ST USsn arso I Hues Ta I w I cwm iS ei SPACE ABOVE FOR RECCROOM USE ONLY Fourth Amendment to Limited Access Easement Agreement (Temporary) Title of Document .: p,y 15 A, t 2 •, «`..?"� � .. •sir . rb �.s' ifs:.. TM COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 AddRIpW RewiMnY Fee APPIIft) mw.mwn* r h:>Mhr..MrwrM Exhibit 1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: GRESHAM, SAVAGE, NOLAN & TILDEN, LLP 600 North Arrowhead Avenue, Suite 300 San Bernardino, CA 92401-1148 Attn: Mark A. Ostoich FOURTH AMENDMENT TO LIMITED ACCESS EASEMENT AGREEMENT (TEMPORARY) This Fourth Amendment to Limited Access Easement Agreement (Temporary) ("Fourth Amendment') is made this 20th day of January 2004 by and between RANCON REALTY FUND IV, a California limited partnership ("RANCON"), and the CITY OF SAN BERNARDINO, a municipal corporation and a Charter City of the State of California ("CITY"). RECITALS A. On or about January 14, 1997, RANCON and CITY entered into that certain Limited Access Easement Agreement (Temporary) ("Agreement'), which was recorded on February 7, 1997, as Document No. 1997-0044560 of San Bernardino County Official Records. B. On or about August 24, 2000, RANCON and CITY entered into a First Amendment to Limited Access Easement Agreement (Temporary), to extend the term of the Agreement. C. On or about February 22, 2001, RANCON and CITY entered into a Second Amendment to Limited Access Easement Agreement (Temporary), to extend the term of the Agreement. D. On or about December 2, 2002, RANCON and CITY entered into a Third Amendment to Limited Access Easement Agreement (Temporary), to extend the term of the Agreement. D. RANCON and CITY desire to enter into this Fourth Amendment in order to further extend the term of the Agreement from its expiration on December 31, 2003. -1- N:AG286-002VDOCALimited Access Easement Agreement-04 OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the foregoing Recitals, which Recitals are incorporated herein by reference, and of the mutual covenants contained herein, the parties hereto agree as follows: Paragraph 8 of the Agreement is hereby deleted in its entirety and the following inserted in place thereof: 11 8. This Agreement and City's rights pursuant to this Agreement shall automatically terminate on the earliest of (a) completion of all work identified in any Work Plan approved by SARWQCB (including the repair or replacement of any ground cover, planting, fence or structure damaged by the exercise of City's easement, all as provided in paragraph 5), (b) material default by City under this Agreement, or (c) on December 31, 2005. Without limiting the generality of the foregoing, City shall exercise its rights and perform its obligations under this Agreement diligently and in good faith so the intent of this Agreement can be attained at the earliest reasonable time. On termination of this Agreement, City shall take such steps and execute such documents, including documents in recordable form, as Rancon may require to evidence the termination of this Agreement and the easement created in this Agreement." Except as amended by the terms of this Fourth Amendment, the Agreement, as amended by the First, Second and Third Amendments, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Limited Access Easement Agreement (Temporary) on the day and date first above shown. [SIGNATURES FOLLOW[ -2- N:\G286-002\D0C\Limited Access Easement Agreement-01doc CITY OF SAN BERNARDINO B Mayor Pro Tem 300 North "D" Street San Bernardino, CA 92418 Attn: City Administrator ATTEST: By: ') d City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: RANCON REALTY FUND IV, a California limited partnership By: Rancon Financial Corporation, General Partner By: Glenborough Inland Realty Corporation, a California corporation Its Attorney -in -Fact Glenborough Corporation 400 South El Camino Real San Mateo, California 94402-1708 Attn: Senior Property Manager AND - Tri-City Corporate Center 485 Carnegie Drive San Bernardino, California 92408 Attn: Asset Manager -3- N:\Q286-002\DWUrnited Access Easement Agreement-03.doc STATE OF COUNTY OF California San Bernardino ) ss ) On January 23 , 20 04 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Susan Longville , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacities, and that by her signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. G �LL (A - NOTARY PUBLIC STATE OF W11onn1R,, ) COUNTY OF c5ah Mako ) ss DAVID NI. GUTIERREZ N Comm. A 1363195 NOTARY PUBLIC-CALIFORNIA N San Bernardino County My Comm. Expires Jon' 30, 2006 On February 02 5th, , 20a, before me, the undersigned, a Notary Public in and for said County and State, personally appeared sand ra L , 19d y er . personally known to me the to be the person whose name is subscribed to the within instrument and acknowledged to me that she- executed the same in her authorized capacities, and that by her' signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Z�AUL- 4; / ARY PUBLIC KAREN J. WESSON C'cmrnisson# 1 dC2 r,.ifo rnia Sun , lareo C2:,rity .rxpfra; _::i2i, 2005� N:\G286-002\DOC\Limited Access Easement Agreement-03.doc