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HomeMy WebLinkAbout2002-376 " . ,) RESOLUTION NO. 2002-376 1 2 3 .. 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 OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE THIRD 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 Third 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 Agreement shall incorporate by reference this Resolution No, 2002- 376 and shall read "Limited Access Easement Agreement (Temporary)", SECTION 3. The authorization to execute the above referenced Agreement is rescinded if not issued within sixty (60) days of the passage of this resolution, 11/ 11/ 11/ III 11/ 11/ 11/ 11/ 11/ November 13, 2002 ,-- " 1 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 2002-376 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE THIRD 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 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a i oint regular meeting thereof, held on the 2nd day of December , 2002, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS x DERRY x SUAREZ x ANDERSON x MCCAMMACK x ~h.~. Ra I G, Clark, City Clerk The foregoing resolution is December , 2002, -4.,,,, day of hereby .fd~ J I alles, Mayor it}l of San Bernardino Approved as to Form and legal content: JAMES F, PENMAN, City Attorney r 2002-376 Exhibit "1" RECORDING REQUESTED BY AND WHEN RECORDED RETURi'! TO: GRESHAM, SAVAGE, NOLAN & TILDEN, LLP 600 North Arrowhead Avenue, Suite 300 San Bernardino, CA 92401-1148 Attn: Mark A. Ostoich SPACE ABOVE THIS U};E FOR RECORDER'S USE THIRD AMENDMENT TO LIMITED ACCESS EASEMENT AGREEMENT (TEMPORARY) This Third Amendment to Limited Access Easement Agreement (Temporary) ('Third Amendment") is made this _ day of , 2002, 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, RAN CON 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. RANCON and CITY desire to enter into this Third Amendment in order to further extend the term of the Agreement from its expiration on December 31, 200 I. 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: - 1 - N:\G286~002\DOC\Limited Access Easement Agreement+03.doc 2002-376 Exhibit "1" Paragraph 8 of the Agreement is hereby deleted in its entirety and the following inserted in place thereof: "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, 2003. 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 Third Amendment, the Agreement, as amended by the First and Second Amendments, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Limited Access Easement Agreement (Temporary) on the day and date first above shown. [SIGNATURES FOLLOW] N:\G286-002\DOC\Limited Access Easement Agreement-03.doc - 2 - CITY OF SAN BERNARDINO By: Mayor 300 North "D" Street San Bernardino, CA 92418 Attn: City Administrator ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: By: City Attorney N:\G286-002\DOC\Limited Access Easement Agreement-D3.doc 2002-376 Exhibit - 3 - "1" 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 By: Its: 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 Exhibit "1" 2002-376 STATE OF COUNTY OF ) ) ss ) On ,20_, before me, the undersigned, a Notary Public m and for said County and State, personally appeared , 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 _ executed the same in _ authorized capacities, and that by _ signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC STATE OF COUNTY OF ) ) ss ) On ,20_ before me, the undersigned, a Notary Public m and for said County and State, personally appeared , 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 executed the same in authorized capacities, and that by _ signature on the instrument the person, or entity upon behalf of which the person acted, executed the iilstrument. WITNESS my hand and official seal. NOTARY PUBLIC N:\G286.002\DOC\Limited Access Easement Agreement-03.doc -4 - ,.. . . 2002-376 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: GRESHAM, SA V AGE, NOLAN & TILDEN, LLP 600 North Arrowhead A venue, Suite 300 San Bernardino, CA 92401-1148 Attn: Mark A. Ostoich SPACE ABOVE THIS LINE FOR RECORDER'S USE THIRD AMENDMENT TO LIMITED ACCESS EASEMENT AGREEMENT (TEMPORARY) This Third Amendment to Limited Access Easement Agreement (Temporary) ("Third Amendment") is made this ~ day of December , 2002, 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. RANCON and CITY desire to enter into this Third Amendment in order to further extend the term of the Agreement from its expiration on December 31, 2001. OPERA TIVE 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: - 1 - N:\G286-002\DOC\Limited Access Easement Agreement-03.doc > 2002-376 Paragraph 8 of the Agreement is hereby deleted in its entirety and the following inserted in place thereof: "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, 2003. 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 Third Amendment, the Agreement, as amended by the First and Second Amendments, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Limited Access Easement Agreement (Temporary) on the day and date first above shown. [SIGNATURES FOLLOW] N:\G286~002\DOC\Limited Access Easement Agreement-D3.doc - 2 - l . 2002-376 CITY OF SAN BERNARDINO By: Mayor 300 San e Attn: RANCON REALTY FUND IV, a California limited partnership By: Rancon Financial Corporation, General Partner "D" Street ardino, CA 92418 ty Administrator By: Glenborough Inland Realty Corporation, a California corporation Its Attorney-in-Fact ATTEST: Bya,~ h.~ City 'clerk APPROVED AS TO FORM AND LEGAL CONTENT: Glenborough Corporation 400 South EI 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 N:\G286-002\DOC\Limitcd Access Easement Agreement-03.doc - 3 - . ~ . 2002-376 STATE OF California ) ) ss ) COUNTY OF San Bernardino On December 6 ,2002, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Judith Valles , personally known to me ~:ta:JIlIll::=xltllt *-i&oo&:saii~~tiRll:llt) to be the person whose name is subscribed to the within instrument and acknowledged to me that ~ executed the same in ~ authorized capacities, and that by ~ signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. -, (/~) A"~~1. /A;tWt~ NOTARY PUBLIC ' ,l,. DAVID M. GUTIERREZ ~ _ Comm.I136319S Ul NOTARY PUBLIC. CALIfORNIA ~ ~ S.n 8etnlrdlno County ... My Com.. Explro.JII!It30.2OO61 STATEOF ~ICa/;jO,.(1IC0 I COUNTY OF Sftn N CtirD. ) ) ss ) On :iJ.nu@:!JI lOth ,20.03., before me, the undersigned, a Notary Public in, apd for ~a d County and State, personally appeared ~tLJItJl L. 80. , personally known to me (\If j3fOVea to me 00 the . f sati,fadulY CV' 10 be the person whose name is subscribed to the within instrument and acknowledged to me that ~ executed the same in hR-Yauthorized capacities, and that by ~signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. S my hand and official seal. - il~",~ K^.REN J WESSON ] ~. ( :'>':~ C0rr:'~~,%:()r #. ::i ':;~02 <I( ... "..;.,.YJ, ','___, ._ ,.. z ~ . .. '-~,,'_~' I rho .0:1. i Pu, ~~,"'. - c '" "'I'-~Ia z , ~'; , ': t-,',. '~, '-' ".,.' ?: J // .c,' . Ma,eo Cocntf ~ '......,,_.~. MyComm ExPjreSJ~121,2005, .""". ------- - - - - -~_....,-~ N:\G286-0D2\DOC\Limited Access Easement Agreement-D3.doc -4- .' PLEASE ~ LE1E 1HIIi .. DllWnDN ~~ \9 R Regular Mail Doc#: 2003 - 0051902 111111111111111 LARRY WALKER Auditor/Controller - Recorder 1/27/2003 1:49 PM BGJ - . . 2002-376 Recorded in Olliclal Records, County of San Bernardino ~~~~BY: AMJ_~__TO: City of San Bernardino P.O. Box 1318 San Bernardino, CA 92402 Attn: Michelle Taylor Titles: 1 Pages: 5 Fees 0.1013 Texes 0.010 Other 0.010 PAID $0.100 SPACE A8O\IE FClR RECO'- ~.. USE ONLY Third Amendment to Limited Access Easement Agreement (Temporary) TItle of Document .B'~W I l~~i:\' ,%lP*i!{li ' .~t~~Mi'V "<i>:'=':" @i' Mg .fJ&l:tl THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORIIATlON ($100 AddItIoMI RI C "''II .... Appl_) _.~ c.......:.. .....