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HomeMy WebLinkAbout2001-041 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 Resolution No. 2001-41 RESOLUTION OF THE CITY OF SAN BERNARDINO AU1HORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO LIMITED ACCESS EASEMENT AGREEMENT (TEMPORARY) BETWEEN THE CITY AND RANCON REALTY FUND IV TO EXTEND 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 and directed to execute on behalf of said City a Second 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" I" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced is rescinded if it is not issued within sixty (60) days of the passage of this resolution. I I I I I IIIII I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Janu:uy 16, 2001 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 2001-41 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO LIMITED ACCESS EASEMENT AGREEMENT (TEMPORARY) BETWEEN THE CITY AND RANCON REALTY FUND IV TO EXTEND 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 joint regular meeting thereof, held on the 20 th ,2001, by the following vote, to wit: day of February Council Members: Ayes Nays Abstain Absent ESTRADA X LIEN X McGINNIS X SCHNETZ X SUAREZ X - ANDERSON X McCAMMACK X - RuJu1.. ~ ~ Rachel Clark, City Clerk b sJ~n Bern~ &pi The foregoing resolution is hereby approved tt :),;2 ~~ J day of / February , 2001. Ju' Valles, Mayor City of San Bernardino Approved as to form and Legal content; James F. Penman, City Anorney BY: (lAW 7- P ey~~ C Januaty 16, 2001 2 , REC ~INq REQUESTED BY "AND ',,"HEN RECORDED RETURN TO: Exhibit 1 GRESHAM, SA V AGE, NOLAN & TILDEN, LLP 600 North Arrowhead Avenue, Suite 300 San Bernardino, CA 92401-1148 Attn: Mark A. Ostoich SPACE ABOVE THIS LINE FOR RECORDER '5 USE SECOND AMENDMENT TO LIMITED ACCESS EASEMENT AGREEMENT (TEMPORARY) This Second Amendment to Limited Access Easement Agreement (Temporary) ("Second Amendment") is made this 22nd day of February ,2001, by and between RANCON REALTY FUND IV, a California limited partnership ("RAN CON"), 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 ofthe Agreement. C. RANCON and CITY desire to enter into this Second Amendment in order to further extend the term ofthe Agreement from its expiration on March 14,2001. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the foregoing Recitals, which Recitals are incorporated herein by reference, and ofthe 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: "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, 2001. 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 N;\G286-002\DOC\Limitcd A<ccss Ea'elIlcnl Agreement-02.doc - I - '" 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 Second Amendment, the Agreement, as amended by the First Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have execttted this Second Amendment to Limited Access Easement Agreement (Temporary) on the day and date first above shown. CITY OF SAN BERNARDINO By: ~ Mayo 30 ort "D" Street San Bern rdino, CA 92418 Attn: Cit Administrator '" ATTEST: RANCO REALTY FUND IV, a Californi limited partnership By: Rancon 'nancial Corporation, General P ner BY:~ >>Writ/Ill); hop~ City Clerk By: Its: By: Glenbor ugh Inland Realty Corporation, a Califo . a corporation APPROVED AS TO FORM AND LEGAL CONTENT: Glenborough Corpo tion 400 South El Camino San Mateo, California Attn: Senior Property .Pe-w -AND- Tri-City Corporate Center 485 Carnegie Drive San Bernardino, California 92 Attn: Asset Manager SEE CORRECT SIGNATURE BLOCK AND RELATED INFOR}~TION ON PAGE 2-A N:\G286-002\DOC\Limiled Access Easemem Agreemem-02.do< - 2 - . Page 2-A to Second Amendment to Limited Access Easement Agreement (Temporary) RANCON REALTY FUND IV, a California limited partnership Rancon Financial Corporation General Partner By: Glenborough Realty Trust Incorporated, a Maryland corporation Its Attorn III E t By: Glenborough Realty Trust Incorporated 400 South E1 Camino Real San Mateo, CA 94402-1708 Attn: Legal Department -AND- Tri-City Corporate Centre 485 Carnegie Drive San Bernardino, CA 92408 Attn: Property Manager .\. STATE OF DWFOR.JJIA COUNTY OF SFrN JI1/1 rEO ) ) ss ) On NatZh aM, :;'00 i , 2o~1 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared stiittLrll L, lloy /.e..- , personally known to me (or pn'l'leel tv Ill" onlhe 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 ~ .signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. X@ KAREN J, WESSON ~ ... Comm,#1147884 Ul m".. NOTARY PUBLIC ,CALIfORNIA :-., San Maleo County - ~--.:, !iiit~..~! Comm, E~pires July 211,2001 r ~/Vl-/ AkrWtrV N~ARY PUBLIC STATE OF COUNTY OF ) ) ss ) On , 20_, before me, the undersigned, a Notary Public in 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 N:IG286-002\DOC\Limited Ac.... ElI5Om.nIAgreClII.nl.02,doc - 3 - , . ... STATE OF ~~ ~thc./~ WITNESS my hand and official seal. ~(!, - Eile-e~ C, G~m~~ , Comm."145063 :a. TAFlV PUBLIC. CAUFORNIAG) SAN BERNARDINO COUNTY 0 Comm EKp. July 2, 2001 .... NOTARY PUBLIC STATE OF ) ) COUNTY OF ) ss On ,20_, before me, the undersigned, a Notary Public in 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 N,\G286--002\DOC\Lilniled Access Eascmenl Agreemcnt-02.doc - 3 - . Michelle Taylor Recorded in Official Records, San Bernardino, Larry Walker, No Fee Doc No. 11 county of Recorder PI..EAlIE ~ 1N8 _ 1lI1M1l11DN ~ P-lI'-nDIIY: 20010094950 17am 03/15/01 AND.... .aaGONlB) 11M. 10: c'itv of ~~n Ro~nayA4nn 205 20295862 02 10 P.O. Box 1318 San Bernardino, CA 92402 Attn: Michelle Taylor 5 m CIT.ca 'flAIl TAl 8 .. .... lUll _Sf .. SPACE ABOVE FCIR IlE(;OI>, EII... lIIE OILY Second Amendment to Limited Access Easement Agreement (Temporary) TIlle of Document nl%i~ :~I;:J) ,lF ~:::~,:~ ~tf~ J#.@)lt THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING 1NFORIIA1IOH ($3.lIO AddItIoo.. RI a I ...... Fee Appl"" _.- CS.b-"""-_.. _Nt