HomeMy WebLinkAbout1996-365
RESOLUITON NO. 96-365
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A RESOLUITON OF TIIE MAYOR AND COMMON COUNCIL OF TIIE CITY OF
SAN BERNARDINO, CALIFORNIA, AUTIIORIZING TIIE MAYOR TO EXECUI'E I..IMITED
ACCESS EASEMENT AGREEMENTS WITII RANCON REALTY FUND IV
WHEREAS, the City of San Bernardino operated a municipal solid waste landfill,
commonly known as the Waterman Landfill, on leased property located on the south side of the
Santa Ana River, east of Waterman Avenue from approximately 1950 to 1960; and,
WHEREAS, various Federal and state laws and regulations require that municipal solid
waste landfills be subject to certain closure and monitoring requirements in order to protect health
and environmental quality; and,
WHEREAS, the Santa Ana Regional Water Quality Control Board, as the state agency with
regulatory jurisdiction over the closure and monitoring of landfills within the region, has
determined that the City of San Bernardino was the operator of the landfill and is therefore the
party primarily responsible for the Waterman Landfill; and
WHEREAS, the site is currently owned by Rancon Realty Fund IV, a private company who
therefore desires to enter into the said Limited Access Easement Agreements in order for the City
to enter the property and perform the appropriate actions necessary to manage the landfill site;
NOW TIIEREFORE, be it resolved by the Mayor and Common Council of the City of San
Bernardino as follows:
SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said
City the Limited Access Easement Agreement (Temporary) and the Limited Access Easement
Agreement (Permanent) between the City and Rancon Realty Fund IV, copies of which are
attached hereto, marked Exhibit "1" and Exhibit "2" and incorporated herein by reference as fully
as though set forth at length.
II II
II II
November 20, 1996
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A RESOLUTION OF TIlE MAYOR AND COMMON COUNCIL OF TIlE CITY OF
SAN BERNARDINO, CALIFORNIA, AUffiORIZING TIlE MAYOR TO EXECUTE LIMITED
ACCESS EASEMENT AGREEMENTS WITII RANCON REALlY FUND IV
SECTION 2. The Finance Director is authorized to make payment in the amount of one-
half of the replacement cost of the Existing Well as defined in the Limited Access Easement
Agreement (Temporary), upon submission of adequate proof of costs by Rancon Realty Fund IV
and not to exceed the amount of $25,000.
SECTION 3. The authorization to execute the above referenced agreements are rescinded
if the parties to the agreements fail to execute them within sixty (60) days of the passage of this
resolution.
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November 20, 1996
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A RESOLUTION OF 1HE MAYOR AND COMMON COUNCIL OF 1HE CITY OF
SAN BERNARDINO, CAIlFORNlA, AUlHORIZING 1HE MAYOR TO EXECUfE IlMlTED
ACCESS EASEMENT AGREEMENTS WITII RANCON REALTY FUND IV
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 reqular meeting
thereof, held on the 2nd
of December , 1996, by the following vote, to wit:
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Council Members AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
ARIAS x
OBERHELMAN x
x
DEVLIN
ANDERSON x
MILLER 1L-
K-c~~ ~ 'C.to.;Ju
. City Clerk~
b l( :J r>>VLc1.Ac:GyYtQ .. rl{'U ( ~ AA
The foregoing resolution is her'eby approved this __day of ' -J
20 December , 1995. ~.2 II ' , ,
/ 6n/(.,'lL.lf-t1-~
21 I TOM MINOR, Mayor
City of San Bernardino
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Approved as to form and
legal content:
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24 James F. Penman,
25 City Attorney
By: L i..t~
(J
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November 20, 1996
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Bernardino
Public Services Department
300 North "0" Street
San Bernardino, CA 92418
LIMITED ACCESS EASEMENT AGREEMENT
(TEMPORARY)
This LIMITED ACCESS EASEMENT AGREEMENT is made this 2nd day of
December , 1996, 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. City previously operated a landfill (the "Waterman Landfill" or the "Site"), from
approximately 1950 to approximately 1960, adjacent to the northwest side of the former Tri-City Airport,
between the former airport and the Santa Ana River. A description of the Site is attached hereto as
Exhibit "A" and incorporated herein.
B. Rancon currently owns land known as the Tri-City Corporate Centre, including land within
the boundary of the Waterman Landfill.
C. Rancon has previously installed, at its cost and expense, 3 monitoring wells ("Existing Wells")
to monitor the condition of the groundwater in the vicinity of the Site and has undertaken, at its cost and
expense, groundwater quality sampling and analysis, with quarterly monitoring reports.
D. To facilitate the testing and characterization of any contamination at the Site and to also
facilitate the development of a remediation or containment plan under the jurisdiction of the Santa Ana
Regional Water Quality Control Board ("SARWQCB"), City and Rancon desire to enter into this Limited
Access Easement Agreement to set forth their respective agreements concerning such actions.
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November 7. 1996
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. City and Rancon acknowledge that Rancon has previously replaced one of the Existing Wells,
which is no longer in service ("Replaced Existing Well"). City shall install 2 additional monitoring wells
(" Additional Wells"), to provide additional monitoring and sampling locations of the groundwater on the
down gradient portion of the Site, at locations mutually agreed to by City and Rancon and approved by
SARWQCB. In addition, as more particularly set forth in this Agreement, City shall 1) take necessary
actions as allowed by operation of applicable law in order to enter into an agreement for the performance
of groundwater monitoring through the use of the Existing Wells, the Replaced Existing Well and the
Additional Wells; 2) conduct all required groundwater quality sampling and analysis as required or directed
by SARWQCB through the use of the Existing Wells, the Replaced Existing Well and the Additional Wells;
3) prepare or cause to be prepared all necessary reports in a timely manner as required by SARWQCB;
4) begin on-site engineering studies to test ground water, methane gas sampling and existing soil
characteristics; and 5) begin designing a cover, a gas extraction system and any other remediation system
required by SARWQCB for the Site. City shall make to any and all appropriate government agencies any
and all reports required in connection with such monitoring. In addition, City shall reimburse Rancon for
one-half the cost of replacement of the Replaced Existing Well on the date of execution of this Agreement
by both City and Rancon, and shall also bear the entire cost of installing the Additional Wells. In addition,
for so long as this Agreement is in effect, City and Rancon shall equally share all costs associated with
quarterly sampling and analysis and preparation of reports as required by SARWQCB from the Existing
Wells, the Replaced Existing Well and the Additional Wells.
2. Before submitting any plan for the work to be conducted under this Agreement ("Work Plan")
to SARWQCB, City shall submit the same to Rancon for review and approval and Rancon shall have 10
business days after receipt of the Work Plan, to review and approve the same. In the event of the
disapproval of any Work Plan by Rancon, City and Rancon shall cooperate in good faith in making such
revisions to such Work Plan as shall be necessary to facilitate Rancon's approval of the same. Without
limiting the generality of the foregoing, each Work Plan shall set forth in detail the work to be performed
by City, the dates on which City wishes to perform the work, the portions of the Site which shall be
involved in the work and the names and business addresses of City's agents who shall require access to the
Site in order to perform the work.
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November 7. 1996
3. Rancon shall have the right to have one or more of its agents present to monitor all activities
of City and its agents at the Site. In addition, Rancon shall have immediate access to all sampling locations,
including drilling locations and laboratories, and may take split samples. City shall keep Rancon apprised
of all sampling activities at the Site, so Rancon may arrange to observe any sampling and take split samples.
In addition, City shall provide Rancon drafts of all reports and other documentation resulting from activities
under this Agreement, in draft form, and Rancon shall have 10 business days after receipt of each draft, to
provide input regarding such draft to City before City finalizes the same. Although City shall have final
discretion regarding such reports andlor other documentation, City shall consider in good faith any input
from Rancon.
4. Except as otherwise provided in this Agreement with respect to the sharing between City and
Rancon of quarterly sampling, analysis and reporting costs as set forth in paragraph 1, City shall bear the
entire cost of and shall timely payor cause to be paid all contractors, subcontractors and materialmen who
are involved in performing any work under this Agreement and shall indemnify, defend and hold harmless
Rancon and its agents, successors and assigns, from and against any and all liability for the cost of the same.
Before beginning any work under this Agreement, City shall allow Rancon the opportunity to post a Notice
of Non-Responsibility for any such work. Immediately on completion of any such work, City shall provide
Rancon a properly completed Notice of Completion, in recordable form, and if a cessation of labor occurs
at any time before completion of such work and continues for 30 calendar days, then City shall also
immediately prepare and deliver to Rancon a properly completed Notice of Cessation, in recordable form.
5. To enable City to achieve the intent of this Agreement, Rancon hereby grants City a
non-exclusive limited use access easement over the Site. In the exercise of such easement, City shall use
as little of the Site as reasonably possible to perform the work and shall access the portions of the Site
necessary to perform the work using such routes as Rancon directs. In addition, in the exercise of such
easement, City shall take all precautions to not disturb Rancon' s operations and shall repair or replace any
ground cover, planting, fence or structure damaged thereby. City shall give Rancon or its
successors-in-interest 48 hours notice of its intent to exercise such easement (a) unless entry is required for
monitoring or inspection purposes, (b) unless entry is required by an emergency or by what is reasonably
thought to be an emergency, (c) unless notice is attempted to be given and after reasonable effort cannot be
completed, or (d) unless requested to enter the Site by Rancon representatives.
6. In order to facilitate Rancon' s operations at the Site, Rancon shall have the right from time
to time, in its sole discretion, to cause City to narrow the scope of the easement referred to in paragraph 5
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November 7, 1996
and relocate the Existing Wells, the Replaced Existing Wells, the Additional Wells, and any other facilities
installed pursuant to this Agreement, to different locations on the Site; provided, however, as follows:
a. Rancon shall pay the cost of developing plans and specifications for the relocation of
the affected facilities and for obtaining approval of such relocation from SARWQCB or any other public
agency having jurisdiction.
b. Rancon shall pay the cost of preparing any legal descriptions required for the different
locations of the affected facilities and for preparing any amendment of this Agreement required to (i) create
a new easement of a narrower scope and (ii) terminate any portion of the easement referred to in paragraph
5 which is no longer required; and
c. Rancon shall pay the cost of relocating the affected facilities to the different locations.
7. City acknowledges that it has inspected the Site and is familiar with its present condition and
accepts the Site in its present condition for purposes of this Agreement and assumes responsibility for
personal injury to its agents or property damage resulting from the condition of the Site. In addition, City
shall indemnify, defend and hold harmless Rancon and its agents, successors and assigns, from and against
any and all damages, losses, costs, liabilities and expenses, including attorneys' fees and the fees of other
professionals, resulting from or arising out of or related in any way to any work or other activities pursuant
to this Agreement or any acts or omissions of City or its agents related in any way to this Agreement.
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 the second anniversary of the date of this Agreement. 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.
9. City and Rancon acknowledge that the remediation or containment plan ultimately approved
by SARWQCB may include a cover, a gas extraction system and other remediation systems (collectively
"Systems"). City and Rancon also acknowledge that, in that event, it shall be necessary for City to have
access to the Site for the purpose of constructing and maintaining the Systems. Therefore, on approval of
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November 7. 1996
a remediation or containment plan by SARWQCB and the expiration of all applicable challenge periods, City
and Rancon shall do the following:
(a) City shall prepare legal descriptions describing the precise location of the Systems and
also describing the means of access to the locations of the Systems, for review and approval by Rancon.
In the event of any disapproval of any legal description by Rancon, City and Rancon shall cooperate in good
faith in making such revisions to such legal descriptions as shall be necessary to facilitate Rancon' s approval
of the same. Without limiting the generality of the foregoing, City and Rancon acknowledge and agree that
they shall negotiate diligently and in good faith with one another for legal descriptions covering as little of
the Site as is reasonably possible for the construction and the maintenance of the Systems and also for
locations of the Systems which, to the greatest reasonable extent, shall not disturb Rancon's operations at
the Site, as those operations are known as of the date the legal descriptions are prepared;
(b) City and Rancon shall enter into a Limited Access Easement Agreement substantially
in the form of the document attached hereto as Exhibit "B" and incorporated herein; and
(c) City shall execute such documents, including documents in recordable form, as Rancon
shall require to evidence the termination of this Agreement.
10. This Agreement shall run with the land and shall inure to the benefit of and bind the respective
successors and assigns of City and Rancon.
II. In exercising any discretion given in this Agreement, the exercising party shall act reasonably
and in good faith.
12. Execution of this Agreement shall not be deemed to be an acknowledgement or acceptance
of liability for soil or groundwater contamination by either City or Rancon.
13. Notifications, requests and other formal communications between City and Rancon shall be
deemed proper and complete when either party has (a) personally delivered a copy of the communication,
(b) sent the communication by overnight courier service or (c) sent the communication by facsimile, to the
address for notice set forth on the signature page of this Agreement. The sending party shall be deemed
to have communicated with the other party when the other party has either received or rejected the
communication. Facsimile communications should be deemed received when machine confirmation of
receipt has been received by the sending party.
IN WITNESS WHEREOF, the parties hereto have executed this Limited Access Easement Agreement
on the day and date first above shown.
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[SIGNATURES FOLLOW]
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November 7. 1996
City of San Bernardino
By: ~A~
Mayo
300 North "D" Street
San Bernardino, CA 92418
Attention: City Administrator
Attest:
By: ~J../J~
Cit;tJ;k--
Approved as to form
and legal content:
I'
. /ev___
ty Attorney
[ADDffiONAL SIGNATURES FOLLOW]
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November7,1996
RANCON REALTY FUND IV,
a California limited partnership
By: Rancon Financial Corporation,
General Partner
By: Glenborough Inland Realty
Corporation, a California corporation
Its A ey in Fact
Glenborough Corporation -and-
400 South El Camino Real
San Mateo, CA 94402-1708
Attention: Senior Property Manager
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Tri-City Corporate Center
485 Carnegie Drive
San Bernardino, CA 92408
Attention: Asset Manager
November 7. 1996
STATE OF
(' .1'<LAc:=t:d4J l A-
~tVl~
)
)
)
COUNTY OF
On ...;:r MJ II1r1-j lof ' 1 rf11.. before me, the undersigned, a Notary Public in and
for said County and State, personally appeared -:;'l'bIIbaA- L. 80y c.:e , personally
known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/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 entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
~~~&l
Notary Public
A:fi '1m, ,,. ~'. ;", :h..C'J. ,jii-!I';i'tl.I.,r'~':f':.:, r::~~::r~1,-:: <';t"li:i\;r.;t.~
iJ f?--.'~.:'."".., U\'ME;i":'.'..\~'l()i "
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~. \,.r~.)ti.-~:r;;:hJ i\otcrv .PubliC -- Co':;'.:,),':,! ~.:
~T,I,~ SAN'llATWCCUNTY i'
t1.. . MyComm. ElI:pirol,: P,P:' .3, ,?c.~. ,I',
!~~\'i~~'.:,-~\..:"~~
STATE OF C.{'+))~I1IA )
COUNTY OF\..~ ftRlII1flJ~lJ ~
On ::)mt!f1J2jJ d3 , 19(j2 before ~the lID,dersigned, a Notary Public in and
for said County and State, personally appeared rom mhofi'... , personally
10.-0wn to me or proved to me on the basis of satisfactory evidence to be the personOO whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/the}"
executed the same in his/-h",/tlll;i, authorized capacityfiest, and that by his/her/thdr signature(s)
on the instrument the person~), or entity upon behalf of which the personOO acted, executed the
instrument.
. IA\IOIIlI\M""IlICfll
c...L..' .f IlJa6ol1
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.. III 1 . _ C'ounIy -
MrClllllll,....Now 7,3D)
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WITNESS my hand and official seal.
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LEGAL DESCRIPTION OF SITE
(Describe only the Waterman Landfill)
EXHIBIT" A"
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November 7. 1996
L!1/vurILL ~11C
BSln9 a porllon o~ Lois 31 Ihrough 34, or Trocl ND. 12034, per Book
168 or Maps, Pagss 7.)-87, Rscord. or San Bsrnardln~,CDunfy, dsscrlbsd
as:
BS91nnlng 01 Ihs soulh~ssl cornsr or sold Lol 31, said polnl being
on Ihs norlhsrly Ilns or Vanderblll Way as sho~n on sold Map:
Ihence Norlh 00 01' 02' Easl, a dlslancs or 606.58 reef 10 Ihe
pOint of curvature of a non-tangent curve, concave 10 the north~esl,
having a radius or 3013.76 (ssl, a cenlral ong/e or 120 31' 58', rrom
~hlch Ihe radius or sold curve bsars Norlh 220 06' 58' Wssl:
Ihencs narlheaslerly along sold curve, an arc dlslonce or 659.22
resl:
Ihence Soulh 890 44' 02' Eosl, a dlslance or 352.90 resl:
Ihence Norlh ISO 38' 34' Eosl, a dlslonce or 412.81 rssl 10 Ihe
point of curvature of a non-tangent curve, concave 10 the narth~est,
having 0 radius or 3013.76 rsel, a cenlral angle or 20 20' 38', rrom
~hlch Ihs radius or sold curve bears Norlh 460 16' 02' Wesl:
Ihence norlheoslerly along sold curve, on arc dlsloncs or 123.29
reel:
Ihence Norlh 410 23' 20' Easl, 0 dlslance or 659.31 reef:
fhencs Soufh 650 07' 34' Easf, a dlsfonce or 27.83 reef 10 Ihe
palnl of curvature of a non-tangent curve, concave to the northeast,
having 0 radius or 3000.69 reel, 0 cenlral ong/e or 30 45' 40', rrom
~hlch Ihe radius or sold curve bears Norlh 260 26' 25' Easl:
Ihence soulheoslerly along sold curve, an arc dlslonce or 196.98
reel:
Ihence Soulh 00 01' 01' Eosl, 0 dlslonce or 155.00 reel:
Ihence Norlh 650 00' 00' Wesl, a dlslance or 289. II reel:
Ihence Soulh 00 01' 01' Eosl, a dlslonce or 341.54 reel:
Ihencs Soulh 200 00' 00' Wssl, a dlslancs or 550.00 rsel:
Ihence Norlh 890 44' 02' Wesl, 0 dlslance or 335.00 reel:
Ihencs Soulh 00 01' 02' Wesl, a dlslance or 644.56 reel fo Ihe
pOint of curvature of a non-tangent curve, concave to Ihe southeast,
having 0 radius or 1243.00 resl, a cenlral angle or 290 15' 29', rrom
~hlch Ihe radius or sold curvs bears Soufh 130 14' 31' Easf, sold
curve also being the northerly line of Carnegie drive as shown on
sold Mop:
thence southwesterly along sold curv., an arc distance of 634.73
rsef:
Ihence Soulh 470 30' 00' Wesl, 0 dlsloncs or 35.83 reel:
Ihence Norlh 890 44' II' Wesl, 0 dlslonce or 202.42 rssl fo Ihe
point of curvafure of 0 non-tangent curve, concave to the south,
having 0 radius or 493.00 reef, 0 cenfrol angle or 230 43' 15', rrom
~hlch fhe radius or sold curve bsors Soufh 240 22' 17' Wesf, sold
curve being fhs norlhsrly line or sold Vonderbllf Woy:
thence wester{x along said curve,
10 fhs POINT OF BEGINNING.
an orc distance of
rssf
Confolns 23.967 acres, mors or less.
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DRAWING SCALE: ". 300'
CLf/1'E' DEl TA ""a.~ fW) I us ARC T ANtENT
C I 12-31'58' 3013.76' 659.22' 330.93'
C 2 02"20'38' 3013.76' 123.28' 61.65'
C 3 03-"5'40' 3000.69' /96.98' 98.52'
C 4 29'15'29' 1243.00' 634. 73' 324.45'
C5 23'43' IS' 493.00' 204. /I' 103.54'
LifE
L I
L 2
L 3
L 4
L 5
BEARING
S 65'07' 40'c
500'O/'Of'E
N OO'O"OZ'E
5 47'30'OO'~
N 8S'",,"/'V
o 15TANCE
27.83'
155.00'
42.99'
35.83'
202.42'
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O:\G286\002\Document\LtdAccss.TOS
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LIMITED ACCESS EASEMENT AGREEMENT
(PERMANENT)
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EXHmIT "B"
November?,1996
[';"' ,..-~ "n,-.., ~
RECORDING REQUFSTED BY AND
WHEN RECORDED RETURN TO:
City of San Bernardino
Public Services Department
300 North "0" Street
San Bernardino, CA 92418
LIMITED ACCESS EASEMENT AGREEMENT
(pERMANENT)
This LIMITED ACCESS EASEMENT AGREEMENT is made thisl,J/'./. day of
~wU' ,19ll, by and between RANCON REALTY FUND IV, a California Limited
paJ/ershIp, ("Rancon"), and the CITY OF SAN BERNARDINO, a mUniCIpal corporation and a Charter
City of the State of California ("City").
RECITALS
A. City previously operated a landfill (the "Waterman Landfill" or the "Site"), from
approximately 1950 to approximately 1960, adjacent to the northwest side of the former Tri-City Airport,
between the former airport and the Santa Ana River.
B. Rancon currently owns land known as the Tri-City Corporate Centre, including land within
the boundary of the Waterman Landfill.
C. Rancon previously installed 3 monitoring wells to monitor the condition of the groundwater
in the vicinity of the Site. In addition, to facilitate further testing and characterization of any contamination
at the Site and to also facilitate the development of a Remediation or Containment Plan under the jurisdiction
of the Santa Ana Regional Water Quality Control Board ("SARWQCB"), City and Rancon previously
entered into a Limited Access Easement Agreement ("Temporary Easement Agreement") to set forth their
respective agreements concerning such actions. Pursuant to paragraph 1 of the Temporary Easement
Agreement, City previously installed 2 additional monitoring wells to monitor the condition of the ground
water in the vicinity of the Site. Hereafter, the 3 monitoring wells installed by Rancon and the 2 additional
monitoring wells installed by City shall be collectively referred to as the "Monitoring Wells".
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November? 1996
D. Pursuant to paragraph 8 of the Temporary Easement Agreement, City and Rancon have agreed
to enter into this Agreement to provide City access to specifically described portions of the Site for the
purpose of constructing, operating and maintaining a cover, a gas extraction system and other remediation
systems (collectively" Systems ") described in the Remediation or Containment Plan approved by SARWQCB
for the Site on , 19_ ("Remediation or Containment Plan ") and for the further
purpose of operating and maintaining the Monitoring Wells.
E. Attached hereto as Exhibit "I" and incorporated herein by reference is the legal description
of the locations of the Systems which have been approved by City and Rancon, and the legal description of
the way of access to the Systems from the nearest public street, as well as a Site Plan depicting such
locations. In addition, attached hereto as Exhibit "2" and incorporated herein by reference is the legal
description of the locations of the Monitoring Wells which have been approved by City and Rancon, and
the legal description of the way of access to the Monitoring Wells from the nearest public street, as well
as a Site Plan depicting such locations.
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:
I. To enable the City to achieve the intent of this Agreement, Rancon hereby grants City a
non-exclusive limited use access easement over the portions of the Site described in Exhibit "I" and
Exhibit "2". The purpose of the easement is to construct and thereafter gain access to, operate and maintain
all of the Systems in good condition and repair and gain access to, operate and maintain the Monitoring
Wells in good condition and repair. In the exercise of such easement, City shall take all precautions to not
disturb Rancon's operations and shall repair or replace any ground cover, planting, fence or structure
damaged thereby. City shall give Rancon or its successors-in-interest 48 hours notice of its intent to exercise
such easement (a) unless entry is required for monitoring or inspection purposes, (b) unless entry is required
by an emergency or by what is reasonably thought to be an emergency, (c) unless notice is attempted to be
given and after reasonable effort cannot be completed, or (d) unless requested to enter the Site by Rancon
representatives.
2. City shall diligently take such steps as may be required from time to time to fully perform the
Remediation or Containment Plan including, without limitation, constructing, operating and maintaining all
facilities contemplated in the Remediation or Containment Plan (in accordance with the Remediation and
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Containment Plan) and paying the full cost of the same. In addition, at the earliest reasonable time, City
shall diligently take such steps as may be required to obtain a "no further action" letter or its equivalent
from SARWQCB, indicating that no further regulatory action is required (other than the continued operation
and maintenance of the Systems and the Monitoring Wells) from SARWQCB related to the Site.
3. City acknowledges that it has inspected the Site and is familiar with its present condition and
accepts the Site in its present condition for purposes of this Agreement and assumes responsibility for
personal injury to its agents or property damage resulting from the condition of the Site. In addition, City
shall indemnify, defend and hold harmless Rancon and its agents, successors and assigns, from and against
any and all damages, losses, costs, liabilities and expenses, including attorneys' fees and the fees of other
professionals, resulting from or arising out of or related in any way to any work or other activities pursuant
to this Agreement or any acts or omissions of City or its agents related in any way to this Agreement.
4. In order to facilitate Rancon's operations at the Site, Rancon shall have the right from time
to time, in its sole discretion, to relocate or to cause City to relocate any or all of the Systems andlor any
or all of the Monitoring Wells, to different locations on the Site; provided, however, as follows:
(a) Rancon shall pay the cost of developing plans and specifications for the relocation of
the affected Systems and/or Monitoring Wells and for obtaining approval of such relocation from
SARWQCB or any other public agency having jurisdiction.
(b) Rancon shall pay the cost of preparing legal descriptions for the different locations of
the Systems and/or the Monitoring Wells, including the ways of access to the same, and for preparing any
amendment of this Agreement required to (i) create a new easement to facilitate such relocation and (ii)
terminate any easement no longer required after such relocation; and
(c) Rancon shall pay the cost of relocating the affected Systems andlor Monitoring Wells
to the different locations.
5. On completion of all work and other operations identified in the Remediation and Containment
Plan to the satisfaction of SARWQCB (including the repair or replacement of any ground cover, planting,
fence or structure damaged by the exercise of City's easement, as provided in paragraph I), City and
Rancon 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. 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 obtained
at the earliest reasonable time.
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November 7. 1996
6. This Agreement shall run with the land and shall inure to the benefit of and bind the respective
successors and assigns of City and Rancon.
7. Except where this Agreement provides that a party has a right to act in its sole and absolute
discretion, in exercising any discretion given in this Agreement, the exercising party shall act reasonably
and in good faith.
8. Execution of this Agreement shall not be deemed to be an acknowledgement or acceptance
of liability for soil or groundwater contamination by either City or Rancon.
9. Notifications, requests and other formal communications between City and Rancon shall be
deemed proper and complete when either party has (a) personally delivered a copy of the communication,
(b) sent the communication by overnight courier service or (c) sent the communication by facsimile, to the
address for notice set forth on the signature page of this Agreement. The sending party shall be deemed
to have communicated with the other party when the other party has either received or rejected the
communication. Facsimile communications should be deemed received when machine confirmation of
receipt has been received by the sending party.
IN WITNESS WHEREOF, the parties hereto have executed this Limited Access Easement Agreement
on the day and date first above shown.
[SIGNATURES FOLLOW]
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November 7. 1996
City of San Bernardino
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By: ~~.;'
Mayor
300 North "D" Street
San Bernardino, CA 92418
Attention: City Administrator
Attest:
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City Clerk
Approved as to form
and legal content:
,cl.
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By' ,'\ /
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Citf'Attorney
[ADDITIONAL SIGNATURES FOLLOW]
0:IG2861002\DocumenlIUdAcc...P02
November 7. 1996
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
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Glenborough Corporation -and-
400 South EI Camino Real
San Mateo, CA 94402-1708
Attention: Senior Property Manager
0:IG2861002IPocumentIUdAcc...P02
Tri-City Corporate Center
485 Carnegie Drive
San Bernardino, CA 92408
Attention: Asset Manager
November 7. 1996
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LEGAL DESCRIPTION OF LOCATION OF SYSTEMS
(to be supplied prior to execution of this Agreement)
EXHmIT "1"
O:\G286\002\Document\LtdAccBB.P02
November 7. 1996
\
"
LEGAL DESCRIPTION OF LOCATION OF MONITORING WELLS
(to be supplied prior to execution of this Agreement)
0:\G286\002\DocumentILtdAccS8.P02
EXHmIT "2"
November 7. 1996