The URL can be used to link to this page

Home My WebLink About2006-056 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 SECTION 2. The authorization to execute the above referenced Fifth 16 Amendment is rescinded if not issued within sixty (60) days of the passage of this RESOLUTION NO. 2006-56 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO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. 17 resolution. 11111 11111 January 27, 2006 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2006-56 1 2 3 4 5 6 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. 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 7 meeting thereof, held on the 21st day of Februarv , 2006, by the following vote, to wit: Council Members: AYES ESTRADA x LONGVILLE x MCGINNIS x DERRY x KELLEY x JOHNSON x MCCAMMACK NAYS ABSTAIN ABSENT x The foregoing resolution February , 2006. RruAu{ . ,r)j. Ci (;V",tl I ~ r ~achel G. c'ark'~I/!J;,rk. ,\ ^' . YJetYl rLa.a/lrh ' u:/)..))JPu.14. IS Ii reby apRroved this . _ day ~f Approved as to Form and legal content: Z--c'-L-- u ith Valles, Mayor ty of San Bernardino JAMES F. PENMAN, City AAQtfJey {t2l!(1iJ By: 1t;(){~J .' .. " . ;FVJ January 27, 2006 20'06-56 RECORDING REQUESTED BY: GRESHAM SA V AGE NOLAN & TILDEN AND WHEN RECORDED, MAIL TO: GRESHAM SA V AGE NOLAN & TILDEN 550 EAST HOSPITALITY LANE, SUITE 300 SAN BERNARDINO, CA 92408 ATTN: MARK A. OSTOlCH, ESQ. Recorded in Official Records Cou nly of San Bernardi no ' 000#: 2006-0191946 3/22/2006 8:41 AM (THIS SPACE FOR RECORDER'S USE ONLY) FIFTH AMENDMENT TO LIMITED ACCESS EASEMENT AGREEMENT (TEMPORARY) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) 2006-56 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 sp-\n. AROVE THIS UN!' 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 16th day of March , 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"). 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. 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 G2l\6-n02--KUil.n t - 1 - 2006-56 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\Limited Access Easement Agreement-OS G~H6-1)()~ .-1\0.)37 1 - 2 - 2006-56 CITY OF SAN BERNARDINO By: Mayor 300 North "D San Bernard' 0 Attn: City A inistrator ATTEST: By:0(Wld~ YvLfdm[!ffufU{~ City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: By: City Attorney j, /;! . , t.:..- Gi I L 1- , Agreement\Limited Access Easement Agreement-OS G2H6-l102--8,-11).\7 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 Attn: Asset Manager 92408 200(;-56 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT }(,...c<'.('X:'..G<'..c<>".R.<'~..(x"~...c<',b(:>.c<"...c<'..(X'-&'...c<'.G<'..,..(;:(',{'X"..r.<'..n<'..c<'.a(--<'X'.c<',.r..(.>..0('-.0('-"'X'''(x>..c<'~..c<'..bC',c('.c<',.;'';'('.,b('kX'...c<',C('>.c<'-0(>~ State of California County of San Bernardino } ss. On March 2, 2006 Date before me, David M. Gutierrez, Notary Public Name and Title of Officer (e.g. "Jane Doe, Notary Public") personally appeared Judith Valles Name{s) otSigner(s) C personally known to me (t . DAVID M. . GI1Il . ERRI!Z Corrvnlsslon # 1363195 Notary PublIc - CaI"ornla I San Ilemardlno Counfy - MyCoom ~.tn30.2Ql6 IX] proved to me on the basis of satisfactory evidence to be the person(s9 whose name(s9 ishnmcsubscribed to the within instrument and acknowledged to me that I'llJ/she~ executed the same in I'lIs/her/1I19Ir authorized capacity(ies), and that by I'lls/her/~ signature(s) on the instrument the person(s), or the entity upon behaif of which the person(lt) acted, executed the instrument. " Place NolarySealAbove WITNESS my hand and official ~~ Signature o/Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Fifth Amendment to Limited Access Easement Agreement (Temporary) Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: C Individual D Corporate Officer - Tltle(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer's Name: o Individual [J Corporate Officer - Title(s): o Partner - 0 Limited 0 General D Attorney In Fact o Trustee o Guardian or Conservator o Other: RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Top 01 thumb here Signer Is Representing: Signer Is Representing: lx.."Q(..~~~~~'G(,~'q(,.~~~'Q(.,%'Q(..,%'g..~'G(.'00Q<;.'Q(.'Q(.~'C0'C(,.~~~~~~~'%'<X>'Q(,~~ @2004 National Notary Association. 9350 De Soto Ave., P.O. Box 2402. Chatsworth. CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 2006-56 , STATE OF ((;It/tJllJl t(." ) I COUNTY OF Sa" rl o.)e() ~ On 1J10lcIJ IIII-h , 200G , before me, ~ f'. tktlv-- , a Notary Public in and for said County and State, personalfy appeared ,11Vfdrtt L 8o~~ , personally known to me or pr"mp,-1 tn m" on the hsis elf slHisfllstsFj' ~,'i8e86e te be t/:ie jlllfson(s) whose nam#is/iH'tl subscribed to the within instrument and acknowledged to me that he/she/Yiey executed the same in -ffis/her/tIreir authorized capacit~and that by ltis/her/lfteirsignatur~ the instrument the perso~r entity upon behalf of which the perso~ed, executed the instrument WITNESS my hand and official seal. ulJ.- J------------~ @ KAREN J. URIBE Commission II 1595774 i' Notary PubItc . CaIIIornIO f San Mateo CCUllV - f _ _ _ ~:o:m:..Ex~re:J~21.:.2~ STATE OF ) ) ) COUNTY OF On , 200_, before me, , 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(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. Notary Public Agreement\Limited Access Easement Agreement.05 G2~(i-(j02 -- 80037.1 -4-