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Home My WebLink About21-Public Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION (.. Dept: Public Services OR'I"'I/Q1.L 1h."ll,A Subject Resolution authorizing the Mayor to execute the Second Amendment to Limited Access Easement Agreement (f emporary) between the City and Rancon Realty Fund IV to extend term of agreement relating to the former Waterman Landfill, From: Lynn Merrill, Director Date: January 16, 2001 Council Meeting Date: February 20, 2001 Synopsis of Previous Council Action Reso 96-365 adopted December 4, 1996 Reso 2000-219 adopted July 24,2000 Recommended Motion: Adopt resolution ~~~ Contact person: Lynn Merrill Phone: 5140 Supporting data attached: Staff Report, Resolution, Agreement Ward: 1 FUNDING REQUIREMENTS: Amount: 0 Source: Finance Council Notes: Agenda Item No.~ 2/~/OJ " . CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution authorizing the Mayor to execute the Second 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, 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. TIlls agreement granted the City a non-exclusive limited use access easement at the T ri-Ci1yCorporate Center within the boundaty 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: "Ibis Agmmmt and City's rirfxs pursuant tn this Agmmmt shall. ~ terrrUnate on the earliest, .., ur c) on the sewnd anniu!rsary of the date if this Agmment, 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 tennination date to March 14, 2001. The purpose of this Second Amendment is to extend the termination date of the existing agreement to December 31, 2001, to enable the City to complete its work on the site. Both parties agree to the necessity of extending this Agreement Bryan A. Stirrat & Associates, the City's contractor that is preparing the recommendations and a closure plan, are still wotking on this project necessary for the proper closure of the former Waterman Landfill. FINANCIAL IMPACT There is no cost to the Refuse Fund for this action, Funds for the ongoing groundwater monitoring and testing, and continued work for closure of the site are budgeted in Fiscal Year 2000/2001 Refuse Enterprise Fund and will be included in the Fiscal Year 2001/2002 Refuse Enterprise Fund. RECOMMENDATION Adopt the resolution, 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 c: 27 ( \ - ('- '- Resolution No, RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE SECOND 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 Second Amendment to the Limited Access Easement Agreement (f emporary) betWeen the City of San Bernardino and Rancon Realty Fund IV, copy of which is attached hereto, marked Exhibit <<I>> 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. IIIII I I I I I I I I I I I I I I I IIIII I I I I I I I I I I IIIII I I I I I I I I I I I I I I I 28 January 16,2001 - - ( '- /'-. \.- (: 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 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE SECOND 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 meeting thereof, held on the day of ,2001, by the following vote, to wit: Council Members: Abstain Absent Ayes N~s ESlRADA LIEN McGINNIS SCHNETZ SUAREZ ANDERSON McCAMMACK Rachel Clark, City Clerk City of San Bernardino The foregoing resolution is hereby approved this day of , 2001. Approved as to form and Legal content; James F. Penman, City Anorney Judith Valles, Mayor City of San Bernardino B~ 7-P~~ January 16.2001 2 - RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Exhibit 1 GRESHAM, SA V AGE, NOLAN & TILDEN, LLP 600 North Arrowhead Avenue, Suite 300 -"ernardino, CA 92401-1148 ~ Attn: Mark A. Ostoich SPACE ABOVE THIS LINE FOR RECORDER'S USE SECOND AMENDMENT TO LIMITED ACCESS EASEMENT AGREEMENT (TEMPORARY) This Second Amendment to Limited Access Easement Agreement (Temporary) ("Second Amendment") is made this _ day of ,2001, by and between RANCON REALTY FUND IV, a California limited partnership ("RAN CON"), 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 ('~asement Agreement (Temporary) ("Agreement"), which was recorded on February 7, 1997, as Document No, .~97-0044560 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, RANCON and CITY desire to enter into this Second Amendment in order to further extend the term of the Agreement from its expiration on March 14,2001. 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 December, 31, 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 N:\G286-002\lX>C\UmilCd Meal Euemenl APftIIlClII'()2.dol: - 1 - - -. '- Except as amended by the terms of this Second Amendment, the Agreement, as amended by the First Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Limited Access Easement Agreement (Temporary) on the day and date first above shown, CITY OF SAN BERNARDINO RANCON REALTY FUND IV, a California limited partnership By: Rancon Financial Corporation, General Partner By: Mayor 300 North "D" Street San Bernardino, CA 92418 Attn: City Administrator By: Glenborough Inland Realty Corporation, a California corporation ATTEST: Its Attorney-in-Fact <::y: City Clerk By: Its: APPROVED AS TO FORM AND LEGAL CONTENT: Glenborough Corporation 400 South EI Camino Real San Mateo, California 94402-1708 Attn: Senior Property Manager . Pew -AND- Tri-City Corporate Center 485 Carnegie Drive San Bernardino, California 92408 Attn: Asset Manager ('-' ,- N:\G286-002\DOC\l.illlited Acceu Euemenl All'~eme.u-ll2.""" -2- - ) ) ss ) ......STATE OF (...(:OUNTY 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 ) ) ss ) STATE OF <::'OUNTY 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 (- '- N,\G2l\6.OO2lDOC\LimilCd ~ Easement Aar=ncnI..oZ.do< - 3 - - CITY CLERK'S OFFICE RACHEL G, CLARK, CM.C, . CITY CLERK P.O. Box 1318. San Bernardino. CA 92402 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.cLsan-bernardino.ca.us ,. February 27, 2001 Glenborough Corporation 400 South EI Camino Real San Mateo, CA 94402 Dear Sir, At the Mayor and Common Council meeting of February 20, 2001, the City of San Bemardino adopted Resolution 2001-41 - Resolution authorizing the Mayor to execute the second 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. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P,O. Box 1318, San Bernardino, CA 92402, as soon as possible, For recording purposes, the notary acknowledgement must also be completed. Please retain a copy of the agreement for your files, Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by April 23, 2001. If you have any questions, please do not hesitate to contact me at (909)384-5002, Sincerely, Michelle Taylor Senior Secretary CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity. Accountability' Respect for Human Dignity' Honesty GRESHAM, SA V AGE, NOLAN & TILDEN, LLP A REGISTERED LIMITED LIABILITY PARTNERSHIP LAWYERS. FOUNDED 1910 FOR THE FIRM: Mark A. Ostokh 600 N. ARROWHEAD A VENUE. SUITE 300 SAN BERNARDINO, CALIFORNIA 92401-1148 (909) 884-2171 . FACSIMILE (909) 888-2120 WlLLlAMG\JTIIR.IE(l8S6-1'M7) OONALDW. JORDAN (1907-1989) JOHN B. LONERGAN (RETIRED 1976) March 9, 2001 HAND DELIVERED Mr, Lynn Merrill Director of Public Services Department City of San Bernardino 300 North "D" Street San Bernardino, California .92418 Re: Waterman Landfill Dear Lynn: Enclosed is the fully executed Second Amendment to Limited Access Easement Agreement (Temporary) between Rancon Realty Fund IV and the City of San Bernardino. I would appreciate receiving a conformed copy of this document when it is recorded Very truly yours, . ~~ Mark A, Ostoich, of GRESHAM, SAVAGE, NOLAN & TILDEN, LLP MAOlpmj Enclosure cc: Matt Wilson N:\G286\002\LtrIMerrill7 .doc OO~~~OW[g~ MAR - 9 2001 DIRECTOR PUBUC SSlVIC!S Riverside Office. 3403 Tenth Street, Suite 518, Riverside, CA 92501 . (909) 684-2171 . Facsimile (909) 684-2150 Victorville Office. 14350 Civic Drive, Suite 120, Victorville, CA 92392. (760) 243-2889 . Facsimile (760) 243-0467 . CITY CLERK'S OFFICE RACHEL G. CLARK, CM.C. - CITY CLERK 'M P.O. Box 1318. San Bernardino' CA92402 300 North "0" Street' San Bernardino' CA 92418-0001 909.384,5002' Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384,5128 www.cLsan.bernardino.ca.us March 9, 2001 County Recorder's Office 222 W. Hospitality Lane San Bernardino, CA 92415 Attn: Recording Clerk Enclosed is the Second Amendment to Limited Access Easement Agreement (Temporary) for recording. When the document is recorded, please return 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. Sincerely, ---17L'-~cj-LL kJ~~(~ Michelle Taylor .. Senior Secretary CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty CITY CLERK'S OFFICE ItA.CIIIlL G. ClAJlX, CoM.C. . CrrY CUM P.O, Box. 1318. San Bernardino. CA 92400 300 North "D" Street. San Bernardino. CA 9241 8-0001 989.384.5l101. Fax: 909.384.5158 BusiDeas RegislratioD Division: 909.3845302 Passport AcceptaDce Facility: 909,3845128 www.ci.san-bemardlno.ca.us March 23, 2001 Mr. Mark A. Ostoich Gresham, Savage, Nolan & Tilden, LLP 600 N, Arrowhead Avenue, Suite 300 San Bernardino, CA 92401 Dear Mr, Ostoich, Enclosed is a copy of City of San Bernardino Resolution 200141, 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, ~~YrrLf-- Michelle Taylor Senior Secretary Enclosure cc: Lynn Merrill, Director of Public Services ClIY 01" SAN 8IlRN.uIllNO ADOPTID SRAIUlD VALUJIS: Infe8rity . Accountability. Respect for Human Dignity. Honesty I , f. ... .. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 2. -"2.C:,.-0\ Item # Vote: Ayes 1-'1 Nays-e- Change to motion to amend original documents: L.. \ Resolution # 7-C'I:'J \ - -4 I Abstain.A- Absent-G- Reso. # On Attachments: ,/' Contract term: Null/Void After: 2)-"Z 3-0 \ Note on Resolution of Attachment stored separately:=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date: ~-9~ See Attached: ~ Date Sent to Mayor: 2-2..I-DI Date of Mayor's Signature: .) - ::0- C:>\ Date ofClerk/CDC Signature: '6-2."3,'-U\ Reso. Log Updated: Seal Impressed: ./ ,/" Date M.m~ Sent for Signature: ~ - .),-(') \ 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: ,/ Date Returned:p - q-o I 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): Yes /' No By - Yes No ./ By Yes No ,/ By Yes No ,/ By Yes No 7 By Copies Distributed to: City Attorney /' Parks & Rec. Code Compliance Dev. Services Police Public Services V EDA Finance MIS Water Others: Notes: ~-("\O Cop,! 10 in 1'YfL\-Z t>,., O"'rr\ ,C'j.+ Lo~ ~Ri\,.."o , 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: m\ Date: 3-Z."3-0\