Loading...
HomeMy WebLinkAbout33-Public Services ."'" 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: ';;"'OG>6-Sb Ol/dJ IIJIL "' , 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. 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 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. 18 19 , , , , , 20 21 22 23 24 25 26 27 28 '''II No. 33 d. / d.-/ I OCP January 27,2006 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 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 , /! /.. l Ii" I 'I -., 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 - . ** 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: , I / 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 '" 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