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Home My WebLink About22-Public Services -, , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lynn Merrill, Director Subject: Resolution authorizing the Mayor to execute the Third Amendment to the Limited Access Easement Agreement (Temporary) between the City and Rancon Realty Fund IV to extend the term of agreement relating to the former Waterman Landfill Dept: Public Services Date November 13, 2002 0,.,.,-.",. i · I ... j I ./1 L Meeting Date: December 2, 2002 Reso 96-365 Reso 2000-219 Reso 2001-41 adopted December 4, 1996 adopted July 24, 2000 adopted February 20, 2001 Recommended Motion: Adopt resolution ~!!:! Contact person Lynn Merrill, Director Phone: 5140 Ward: 1 Supporting data attached: FUNDING REQUIREMENTS: Amount: 0 Source: Finance: Council Notes: ~,,!J 'ZCCl2~?)'/ ~ I ~ /).. / /)JJ Agenda Item No. J:).J . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution authorizing the Mayor to execute the Third Amendment to the Limited Access Easement Agreement (Temporary) between the City and Rancon Realty Fund IV to extend the term of agreement relating to the former Waterman Landfill Background: On December 4, 1996 a resolution was adopted by the Mayor and Council approving the Limited Access Easement Agreement (Temporary) relating to the former Waterman Landfill. This agreement granted the City a non-exclusive limited use access easement at the Tri-City Corporate Center within the boundary of the former Waterman Landfill. The City leased the Waterman Landfill from a private party from approximately 1950 to 1960 for use as a disposal site for Municipal Solid Waste. The access is to facilitate testing and characterization of any contamination at the site and also to facilitate the development of a Remediation or Containment Plan as negotiated with the Santa Ana Regional Water Quality Control Board ("SARWQCB"). Paragraph 8.C of the agreement states: "This Agreement and City's rights pursuant to this Agreement shall automatically terminate on the earliest, ... or c) on the second anniversary of the date of this Agreement, January 14, 1999". On July 24, 2000 a resolution was adopted by the Mayor and Council approving the First Amendment to the Limited Access Easement Agreement (Temporary) extending the termination date to March 14, 2001. On February 20, 2001 a resolution was adopted by the Mayor and Council approving the Second Amendment to the Limited Access Easement Agreement (Temporary) to extend the term of this Agreement. The purpose of this Third Amendment is to extend the termination date of the existing Agreement to December 31, 2003, to enable the City to complete its work on the site. Both parties agree to the necessity of extending this Agreement. Financial Impact: There is no cost to the Refuse Fund for this action. Recommendation: Adopt resoluation. .' e e e (C'~,-~~"\ (' \:::::> ' l_ RESOL\JTION NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO THE LIMITED ACCESS EASEMENT AGREEMENT (TEMPORARY) 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 Third 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 Agreement shall incorporate by reference this Resolution No. 2002- and shall read "Limited Access Easement Agreement (Temporary)". SECTION 3. The authorization to execute the above referenced Agreement is rescinded if not issued within sixty (60) days of the passage of this resolution. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11/ 11/ 11/ 11/ 11/ 11/ 11/ 11/ 11/ November 13, 2002 .. e e e 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO THE LIMITED ACCESS EASEMENT AGREEMENT (TEMPORARY) BETWEEN THE CITY AND RANCON REALTY FUND IV TO EXTEND THE TERM OF AGREEMENT RELATING TO THE FORMER WATERMAN LANDFILL 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this ,2002. day of Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney r 1 /) B~/I'" . .I~;1~ l'~'.. I ~ember 13, 2002 e e e .. RECORDING REQUESTED BY A:\D W:1EN RECORDED RETU'C'i TO: GRESHAM, SA V AGE, NOLAN & TILDEN, LLP 600 North Arrowhead A venue, Suite 300 San Bernardino, CA 92401-1148 Attn: Mark A. Ostoich SPACE _-\80\"1.: TillS U\T FOR RlCURDIXS LSl THIRD AMENDMENT TO LIMITED ACCESS EASEMENT AGREEMENT (TEMPORARY) This Third Amendment to Limited Access Easement Agreement (Temporary) ("Third Amendment") is made this _ day of , 2002, 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, RAN CON and CITY entered into a First Amendment to Limited Access Easement Agreement (Temporary), to extend the terrn of the Agreement. C. On or about February 22, 2001, RAN CON and CITY entered into a Second Amendment to Limited Access Easement Agreement (Temporary), to extend the terrn of the Agreement. D. RAN CON and CITY desire to enter into this Third Amendment in order to further extend the terrn of the Agreement from its expiration on December 31, 200 I. 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- 'S':\G286-002\DOC\Llmited Access Easement Agreement-03.doc e e e .. Paragraph 8 of the Agreement is hereby deleted in its entirety and the follo\\ing inscrtcJ 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. 2003. 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 Third Amendment, the Agreement, as amended by the First and Second Amendments, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Limited Access Easement Agreement (Temporary) on the day and date first above shown. [SIGNATURES FOLLOW] ;'\:'.G286-Q02\DOC\Limited Access Easement Agreement-D3.doc - 2- e e e - .. CITY OF SAl'\ BERNARDINO By: Mayor 300 North "D" Street San Bernardino, CA 92418 Attn: City Administrator A TrEST: By: City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: /) .:J I". ." /l..:...--t..!.-1~ v N:\G286-002\DOC\Limited Access Easement Agreement-03.doc - 3- RANCON REALTY FUND IY. 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 EI Camino Real San Mateo, California 94402- I 708 Attn: Senior Property Manager -AND- Tri-City Corporate Center 485 Carnegie Drive San Bernardino, California 92408 Attn: Asset Manager e e e .. STATE OF ) ) ss ) COUNTY OF On ,20_, before me, the undersigned. a :\otary 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 STATE OF ) ) ss ) COUNTY OF 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 ;\i:,G:!86-002\DOC\Limited Access Easement Agreement-03.doc - 4- , . CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program " DATE: December 6, 2002 TO: Judy Johnson, Senior Secretary FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2002-376 At the Mayor and Common Council meeting of December 2, 2002, the City of San Bernardino adopted Resolution 2002-376 - Resolution authorizing the Mayor to execute the third amendment to the Limited Access Easement Agreement (temporary) between the City and Rancon Realty Fund IV to extend the term of agreement relating to the former Waterman Landfill. Attached is one (1) original agreement. Please obtain signatures in the appropriate location and return the original agreement to the City Clerk's Office as soon as possible, to my attention. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by January 31, 2003. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Michelle Taylor Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: Date: Please sign and return ..~ CITY CLEU'S OWla IlACDL G. CIA.. C.M.C. . Om CI.DIt P.o. Box 1318' San BerDudiDo' CA 92402 300 North MJ)" SlI'eCt . San BerDudiDo . CA 92418-0001 919.314 !112 . Fax: 909.384.s1S8 BWliDeas Reptnlion DIviJIon: 909.384.s302 Pauport Alx:epWlce FlclIlty: 909.384.s128 www.d.IID-bemerdlno.ca.ua .. March 23. 2001 Mr. Mark. A. Ostoich Gresham. Savage. Nolan &. Tilden. LLP 600 N. Arrowhead Avenue. Suite 300 San Bernardino, CA 9240 1 Dear Mr. Ostoich, Enclosed is a copy of City of San Bernardino Resolution 200] -41. along with a copy of the fully executed Second Amendment to Limited Access Easement Agreement (Temporary) between Rancon Realty Fund IV and the City of San Bernardino. which has been recorded with the County of San Bernardino. I am forwarding this agreement to you for your files. If you have any questions, please call me at (909)384-5002. Sincerely. ~~~^-" Michel1e Taylor Senior Secretary Enclosure cc: Lynn Merrill. Director of Public Services CD'Yor SAN 8mlNd01NO ADOPI'ID Sll.A.UD VALtlIlS: IDlepUy . Accountability. Respect for Human Digoity . HODeSty OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. . CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.ci.san-bernardino.ca.us ~ January 22, 2003 County Recorder's Office 222 W. Hospitality Lane San Bernardino, CA 92415 Attn: Recording Clerk Enclosed is the Third Amendment to Limited Access Easement Agreement (Temporary) for recording. When the document is recorded, please return it to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402. If you have any questions, please do not hesitate to call me at (909)384-5002. J;~~;:lh 41ft~ Michelle Taylor Senior Secretary CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity. Honesty OFFICE OF THE CITY CLERK RAcHEL G. CLARK, C.M.C. - CITY CLERK 300 North "0" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.us '" January 22, 2003 County Recorder's Office 222 W. Hospitality Lane San Bernardino, CA 92415 Attn: Recording Clerk Enclosed is the First Amendment to Limited Access Easement Agreement (Temporary) for recording. When the document is recorded, please return it to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402. If you have any questions, please do not hesitate to call me at (909)384-5002. 0;~~ Michelle Taylor Senior Secretary ~CS08 ~-dl'1 'IIJ'I/00 :.tL-;)'i:!, CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty ~ . . . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Resolution # 2mz - 30lc Abstain D Absent 'J......, Meeting Date (Date Adopted): \ 2- Z -02.. Item # 22- Vote: Ayes ',3-') Nays.h Change to motion to amend original documents: '- Reso. # On Attachments: L Contract term: - Note on Resolution of Attachment stored separately: ==- Direct City Clerk to (circle I): PUBLISH, POST, RECORD WICOUNTY Date Sent to Mayor: I L- 3-02- Date of Mayor's Signature: /2-4'02. Date of Clerk/CDC Signature: \ '2.. S - 0 '2-- NulllVoid After: lac DA'f-3 / 1- 31-03 I By: fP:( Reso. Log Updated: ,,/ Seal Impressed: / Date MemolLetter Sent for Signature: 'S;V <"0 -O~ 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: v Date Returned: \ -, 3-Q.3 See Attached: See Attached: Request for Council 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): Copies Distributed to: City Attorney / Parks & Rec. Code Compliance Dev. Services Police Public Services"/ Water Notes: Yes...L. No By Yes No....1L.... By Yes No ..L By Yes NO=t By Yes No By_ EDA Finance MIS Others: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.) Ready to File: fY}( Date: 1-lt-03 vised 01112101