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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Public Services
Subject: Resolution authorizing a Fifth
Amendment to the Limited Access
Easement Agreement with Rancon
Realty Fund IV to extend the term of
agreement relating to the former
Waterman Landfill.
From: Ken Fischer, Director
Date: January 25, 2006
Meeting Date: February 21, 2006
.
Synopsis of Previous Council Action
Reso 96-365 December 2, 1996 Access agreement approved
Reso 2000-219 July 24,2000 Amendment to extend approved
Reso 2001-41 February 20, 2001 Amendment to extend approved
Reso 2002-376 December 2, 2002 Amendment to extend approved
Reso 2004-17 January 20,2004 Amendment to extend approved
$25,000.00
No cost
No cost
No cost
No cost
Recommended Motion:
Adopt Resolution
;;:,~
. Signature
Contact person Ken Fischer, Director
Phone:
5140
Supporting data attached: Staff Report,
Fifth Amendment to access agreement.
Ward: All
FUNDING REQUIREMENTS: None
Amount: No cost to City
Source:
Finance:
Council Notes:
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Agenda Item No. 33
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A resolution authorizing a Fifth Amendment to the Limited Access Easement Agreement
with Rancon Realty Fund IV to extend the term of agreement relating to the former
Waterman Landfill.
Background:
The City is in the process of capping the Waterman landfill in accordance with federal
and state requirements. The landfill property is owned by Rancon Realty Fund IV.
Rancon has provided the City with temporary access to the property so staff can
complete required work. The temporary access agreement and four amendments have
all been limited to a 2-year term. If approved this limited access amendment would
allow continued access for an indefinite period or upon 30 days written notice from
Rancon. This proposed amendment is identical to prior amendments except for
removal of the two-year time period expiration and addition of the 30-day termination
notice provision, see exhibit "1 ".
Financial Impact:
The action of approving the extension of City access rights at the former Waterman
landfill will have no financial impact.
Recommendation:
Adopt resolution.
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15 SECTION 2. The authorization to execute the above referenced Fifth
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE FIFTH
AMENDMENT TO THE LIMITED ACCESS EASEMENT AGREEMENT 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 Fifth Amendment to the Limited Access Easement
Agreement 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.
16 Amendment is rescinded if not issued within sixty (60) days of the passage of this
17 resolution.
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'''II
No. 33
d. / d.-/ I OCP
January 27,2006
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE FIFTH
AMENDMENT TO THE LIMITED ACCESS EASEMENT AGREEMENT BETWEEN
THE CITY AND RAN CON 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
7 meeting thereof, held on the
day of
, 2006, by the
8 following vote, to.wit:
9 Council Members:
NAYS
ABSTAIN ABSENT
AYES
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ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution IS hereby approved this
,2006.
day of
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attrney (//;//. Ii
By: A/;(~f(/";/'/L L<J("I")t J
January 27.2006
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
GRESHAM, SA V AGE, NOLAN & TILDEN
550 E. Hospitality Lane, Suite 300
San Bernardino, CA 92408
Attn: Mark A. Ostoich
SPACl: ABOVE THIS U!\IE FOR RECORDER'S USE
FIFTH AMENDMENT TO
LIMITED ACCESS EASEMENT AGREEMENT (TEMPORARY)
This Fifth Amendment to Limited Access Easement Agreement (Temporary) ("Fifth
Amendment") is made this _ day of , 20_, 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").
RECIT ALS
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.
E. On or about, January 20, 2004, RANCON and CITY entered into a Fourth
Amendment to Limited Access Easement Agreement (Temporary), to extend the term of the
Agreement.
Limited Access Easement Agreement-OS
G2H6-002.- 1\0037 1
- 1 -
F. RANCON and CITY desire to enter into this Fifth Amendment in order to further
extend the term of the Agreement from its expiration on December 31, 2005.
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) upon mutual agreement of the parties. 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 Fifth Amendment, the Agreement, as amended by
the First, Second, Third and Fourth Amendments, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to
Limited Access Easement Agreement (Temporary) on the day and date first above shown.
[SIGNATURES FOLLOW]
Agreement\Limlted Access Easement Agreement-OS
G2K6-00~ -- 80037 1
- 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
/ I
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AgreementlLimited Access Easement Agreement-OS
G21!6-(jv2 n 800J7 I
- 3 -
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
COUNTY OF
)
) ss
)
STATE OF
On ,20_, before me, the undersigned, a Notary Public
III 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
)
) ss
)
COUNTY OF
, 20 ,before me, the undersigned, a Notary Public
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.
for
said
III
On
and
WITNESS my hand and official seal.
NOTARY PUBLIC
AgrcementlLimlted Access Easement Agreement~05
G2H6-002 -- ROOJ7 \
- 4 -
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
M~';", n.re ""'" Ad'f"" ~ n,m' ~?J n,,01.,,=, 0<<0 - <; 10
Vote: Ayes \.tl Nays Abstain Absent
Change to motion to amend original documents D Companion Resolutions
Null/Void After: days /
Resolution # On Attachments: D Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD W /COUNTY D
By:
Date Sent to Mayor: ~ ' ~, I) ~
Date of Mayor's Signature: """'---')<7, Ok,
Date of ClerklCDC Signature: ryr) 7 ,tJh
Reso. Log Updated: ~
Seal Impressed: ~ /
Reso. # on Staff Report (Ll':/'
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2"d Reminder Letter Sent:
Not Returned: D
Request for youncil Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes~
Yes
No~ By~
No By ~
No ~:BY ~
NO~~
No By ~
Yes
Yes
Yes
Copies Distributed to:
Animal Control D EDA D Information Services D
City Administrator V Facilities ~/ Parks & Recreation D
City Attorney Finance Police Department D
Code Compliance D Fire Department D Public Services ~
Development Services D Human Resources D Water Department D
Others:
Notes:
,
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Ready to File: .J
Date:
',3 , Y3 I tf}b
Revised 12/18/03
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, CM.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA92418-0001
909.384.5002. Fax: 909.384.5158
www.sbcity.org
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March 3, 2006
Mark A. Ostoich
Gresham, Savage, Nolan & Tilden
550 E. Hospitality Lane, Suite 300
San Bernardino, CA 92408
Dear Mr. Ostoich:
At the Mayor and Common Council meeting of February 21, 2006, the City of San Bernardino adopted
Resolution 2006-56 - Resolution authorizing the execution of a Fifth Amendment to the Limited Access
Easement Agreement between the City and Rancon Realty Fund IV to extend the term of agreement
relating to the former Waterman Landfill.
Enclosed are one (I) original Fifth Amendment to Limited Access Easement Agreement (Temporary) to
be executed and notarized by Olenborough Inland Realty Corporation for recording and one (1) duplicate
original to be executed and conformed. Please obtain signatures in the appropriate locations and record
the original Fifth Amendment with the County Recorder's Office. Please forward a fully executed
conformed copy to the City Clerk's Office, Attn: Eileen Oornez, P.O. Box 1318, San Bernardino, CA
92402, as soon as possible.
Please be advised that the resolutiou and agreement will be null and void if not executed within
sixty (60) days or by Thursday, April 20, 2006.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely, . . - /d
-~::~e:~-/~r'~
Senior Secretary U
Enclosure
Cc: Ken Fischer, Director
City of San Bernardino Public Services Department
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
GRESHAM SAVAGE NOLAN & TILDEN
A PROFESSIONAL CORPORATION
LAWYERS' FOUNDED 1910
FOR THE FIRM:
Mark A. Ostoich
E-Mail:
550 EAST HOSPITALITY LANE, SUITE 300
SAN BERNARDINO, CALIFORNIA 92408-4205
(909) 884-2171 . FACSIMILE (909) 890-%90
www.greshamsavage.com
RECEIVlD-CIT'! CLEi!1'
2006 MAR 23 AI; II: I 8
mark.osloich@Ul'8hamsaval!l'.com
March 22, 2006
VIA REGULAR MAIL
Ms. Eileen Gomez
Office of the City Clerk
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
Re: Waterman Landfill
Dear Eileen:
Enclosed is a conformed copy of the recorded Fifth Amendment to Limited Access
Easement Agreement (Temporary) between Rancon Realty Fund IV and the City of San
Bernardino.
Thank you for your assistance during this matter.
Very truly yours,
~MA~
Mark A. Ostoich, of
GRESHAM SAVAGE
NOLAN & TILDEN,
A Professional Corporation
MAO/pmj
Enclosures
cc: Garry Brown, Esq.
Corres\Gomez, E-O I
RIVERSIDE OFFICE . 3750 UNIVERSITY AVENUE, SUITE 250, P.O. Box 1240, RIVERSIDE, CA 92502-1240. (951) 684-2171. FACSIMILE (951) 684-2150
0286-002--86367.1