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Home My WebLink About2000-219 -, . , 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 f Resolution No. 2000-219 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE FIRST 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 First 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 The authorization to execute the above referenced is rescinded if it is not issued within sixty (60) days of the passage of this resolution. / / / / / / / / / / / / / / / / / / / / / / / / / J\U1e 21, 2000 . ' 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 2000-219 ] . [- RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE FIRST 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 24 th day of July Council Members: Ayes ESTRADA X - LIEN x McGINNIS X SCHNETZ X SUAREZ X ANDERSON X McCAMMACK 1L- ,2000, by the following vote, to wit: Abstain Absent Nays ~b_~ Rachel Clark, City Clerk City of San Bernardino The foregoing resolution is hereby approved this {) (/~ day of July ,2000. - t.u.-...- u th Valles, Mayor ity of San Bernardino Approved as to form and Legal content; James F. Penman, City Attorney BY:~-;Z~ U' J\U1e 21, 2000 2 ~. 2000-219 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: , GRESHAM, S~ 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'S USE FIRST AMENDMENT TO LIMITED ACCESS EASEMENT AGREEMENT (TEMPORARY) e~c6~ (/JIy T IS Irst Amendment to Limited Access Easement Agreement (Temporary) ("First Amendment") is made this ~ day of Jotoll.-.JOJ~ ' 1999, by and between RANCON REALTY FUND IV, a California limited partnership ("RAN ON"), 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. RANCON and CITY desire to enter into this First Amendment in order to extend the term of the Agreement from its expiration on January 14, 1999. 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: "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 March 14, 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 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." N:\G2:ll6-OO2IDOC'1Limitrd Ace... EMemmt Asr=ncd.cIoc - 1 - Exhibit "I" II. 2000-219 , . Except as amended by the terms of this First Amendment, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Limited Access Easement Agreement (Temporary) on the day and date first above shown. CITY OF SAN BERNARDINO By: Mayor 300 No SanB Attn: RANCON REALTY FUND IV. a California limited partnership ~&UJ By: Rancon Financial Corporation, General Partner (g)f.? By: Glenborough lull J ILdlj Corporation, a California corporation Its Attorney-in-Fact ATTEST: By: ~h.~ City Clerk By Its: re.. , APPROVED AS TO FORM AND LEGAL CONTENT: Glenborough Corporation 400 South El Camino Real San Mateo, California 94402-1708 Attn: Senior Property Manager By jb-9,f~ City rney -AND- Tri-City Corporate Center 485 Carnegie Drive San Bernardino, California 92408 Atin: Asset Manager N:IG286-0Cl2\DOC'\Limit.ed AecIOll Eaoemn A,amcd.doc - 2- 2000-219 ". .' . " STATE OF ) ) ss County of ) a Notary Public III , 2000, before me, and for said On , State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person( s) whose names are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) STATE OF C~lfO ~~,.J\A S-rnJ (Vv i'<TEV ) ) ss ) County of On [WQ.ils-l n, 2000, before me, ~~~U-{ S\.1" 1}( , a Notary Public III and for said State, personally appeared ~ F. !-t1I-L.L.""'1 ' personally known to me {tlr- . pFll'lea te Ill': vII tht: b"oi~ elf 81ltisfllet6Fj .: v idt:IlCej to be the person;y-whose nam~ a~ u subscribed t~he within instrument and acknowledged to me tha~!jfleI~ executed the same ine9"'/bl:rLtkeir authorized capacity(~, and that bY~h& signatunj(S) on the instrument the personOO-or the entity upon behalf of which the personW-. acted, executed the instrument. WITNESS my;rard~ffiCia~~ Signature ~A1~\U, eal) 1------------ @ CATHERINE ROSElLI SMITH - CommIssion # 1176493 f ~ ..lit. Notory Pubfic - California ~ Son Moteo County - My Comm. Expires Apr3, 2002 2000-219 PLMIE ~ 1118 MUIR1IllN .. .... ~~ t'-cMenm BY: T AM) _ ..... 0fuA!l) MAL 1'0: City of San Bernardino P.O. Box 1318 San Bernardino, CA 92402 Attn: Michelle Taylor 2f~1fYf .1 Recorded in Official Records, County of San Bernardino LARRY WALKER Auditor/Controller - Recorder R Regular Mail 1/2712003 1:49 PM BGJ Titles; Pages: 4 Fees Taxes Other PAID 121.12113 121.013 121.121121 $0.121'21 First Amendment to Limited Access Easement Agreement (Temporary) 11tIe of Document SPACE ABOVE FCIR No ___ . I> USE OILY it~i:" "'"=''' '-,,,,,, ,.,..,"", :&;'4N ~t@w;)) i(, :~.;;:r.;~ Wi IIi .Mn~1J: .>~~{f~~r'?: I THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING 1NFORIIA1ION ($S.DO A4d1lIoI.. RI c ...'11.... App'-) _.-- <-.1:....._ lVNt