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Home My WebLink AboutContracts & Agreements_108-99_CCv0001.pdf t RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Robert K. Sall, Esq. Sall & Smolowitz 33971 Selva Road, Suite 200 Dana Point, CA 92629 FIRST AMENDMENT TO RECIPROCAL GRANT OF EASEMENTS AND DECLARATION OF ESTABLISHMENT OF COVENANTS, CONDITIONS & RESTRICTIONS FOR INDIANA COURT BUSINESS PARK CLARED/Indiana.1st 1 This document is the First Amendment to the Reciprocal Grant of Easements and Declaration of Establishment of Covenants Conditions & Restrictions for Indiana Court Business Park (the "Reciprocal Easement Agreement" or "R.E .A. "} , and constitutes an amendment to the R.E.A. recorded on April 19, 1990 as Instrument No. 90-152025 in the official Records of San Bernardino County, California. WHEREAS, the original R. E.A. was recorded on April 19, 1990 as Instrument No. 90-152025 in the official Records of San Bernardino County, California; and WHEREAS,- the R.E.A. provides that it may be amended by the written agreement of the owners of seventy-five (75%) percent of the total number of square feet of the land then subject to the R.E.A. , and with the written approval of the City of Redlands; and WHEREAS, the parties are the current owners of the Parcels affected by the R.E.A. , and the undersigned persons signing on- behalf of the City of Redlands are the duly authorized representatives of the City of Redlands; and WHEREAS, the parties hereto desire to amend and modify the R.E.A. ; CLARED/Indiana.lst NOW THEREFORE, in consideration of the foregoing, the undersigned agree as follows : 1. Description of Parcels . The real properties which are the subject of the R.E.A. , and which comprise the Indiana Court Business Park are identified in Exhibit A, a copy of which is attached hereto and incorporated herein by reference. 2 . Identification of Leases to ROP. The owners of Parcel 2 and Parcel 4 have executed leases or lease amendments with Colton-Redlands-Yucaipa Regional Occupation Program ("'ROP") for the Premises consisting of Parcel 2 and Parcel 4 in the Indiana Court Business Park. The term of said leases is to expire on TBD , with options to extend as provided therein. The owner of Parcel 2 also owns and has leased to ROP a portion of that certain real property which adjoins the Indiana Court Business Park, and which is more particularly described on Exhibit B, attached hereto and incorporated herein by reference (hereinafter referred to as the "ROP Parking Parcel") . 3 . Purpose of Amendment . The purpose of this amendment is to allow an easement for a drive through of vehicles and pedestrian walkway between the Indiana Court Business Park and the ROP Parking Parcel, solely for the use of patrons and employees of ROP, to permit such patrons and employees to park their vehicles on the ROP Parking Parcel and to access the facilities located on Parcel 2 and Parcel 4 . Nothing herein is intended to alter the existing reciprocal easement and maintenance obligations set forth in the R.E.A. except to permit the ingress and egress of vehicles CLAREDIZnd ana.zat -3- I and pedestrians through the access easement described herein, and solely on the terms and conditions provided herein. 4 . Grant of Access Easement , Notwithstanding the provisions of Section 4 . 08 of the R.E.A. , the owner of Parcel 4 has allowed the removal of three (3) parking spaces from Parcel 4, which shall be redesignated as a drive-thru to permit vehicular and pedestrian access between the Indiana Court Business Park and the ROP Parking Parcel as shown on Exhibit C, which is incorporated herein by reference . The parking area located on the ROP Parking Parcel and the drive-thru shall be used for parking of motor vehicles during business hours, exclusively by patrons and employees of ROP, and shall not be used for parking ingress or egress purposes by other owners or Lessees of Indiana Court Business Park, or their invitees. The owner of Parcel 4 and the parties hereto grant to ROP and to the owner of Parcel 2 an easement for the purpose of the foregoing usage. 5 . Maintenance and Repair— Obligations. The owner and/or its Lessee (if so provided in the applicable Lease) of Parcel 4 shall be responsible to repair and maintain that portion of- the drive-thru which is located on Parcel 4, at his, her or its sole expense. The owner and/or its Lessee (if so provided in the applicable Lease) of the ROP Parking Parcel shall be responsible to repair and maintain that portion of the drive-thru which is located on the ROP Parking Parcel at its sole expense. 6 . Duration of Easement . The drive thru easement shall terminate upon the expiration or earlier termination of the later CLARED/Indiana.lst 4- of ROPs Lease for Parcel 4 and/or ROP' s Lease for Parcel 2 and the ROP Parking Parcel . 7 . Addresses for Notice. Notices required by Section 11. . 01 of the R.E.A. shall be sent to the parties at the following addresses : Clared Properties, LLC Attn: Clara Clem P.U. Box 728 Redlands, CA 92373 The City of Redlands Attn: Planning Director P.O. Box 3005 Redlands, CA 92373 Tri-City Investors 1472 Piedmont Lane Redlands, CA 92373 Clara M. Clem, Trustee Chauncey H. Clem, Trustee P.U. Box 728 Redlands, CA 92373 Boy Scouts of America 1230 Indiana Court Redlands, CA 92374 Donald J. Daniels, Trustee Alice M. Daniels, Trustee 705 S. Wabash Avenue Redlands, CA 92374 8 . Ratification of Declaration. Except as expressly modified by the terms of this Agreement, the R.E.A. is ratified and confirmed, and shall continue in effect in accordance with its terms . SIGNATURES OF PARCEL OWNERS AND CONSENT OF CITY OF REDLAND FOLLOW: CLARED/indiana.sst u 5_ CLARED PROPERTIES, LLC A California Limited Liability Company [Owner of Parcel 2 and the ROP Parking Parcel] /�Q1- fit. I"lLG-srR7 ,stf Clara Mae Clem, President by Robert K. Sall, Attorney-in-Fact cs,AM/Inatana.ist —6— STATE OF CALIFORNIA COUNTY ORANGE On June A3 , 1999 before me, KAY F. SCHEIDT, personally appeared ROBERT K. SALL, Y,_ personally known to me --OR-- - provided 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 the entity upon behalf of which person(s) acted, executed the instrument. Witness my hand and official seal. r 4 r. KAY F. S1 ID Comm.#1077993 ROTARY PUBLIC-CALIFORNIA ORANGE COUNTY Comm Up.Nov.19.199'9 ------------------------------------------------------------------- Capacity claimed by signer: Individual Corporate Officer (s) Partner(s) General Limited Attorney-in-fact Trustee (s) Guardian/Conservator Other: ATTORNEY-IN-FACT Signer is representing: C MAE CLEM, President of GLARED PROPERTIES, LLC a California Limited Liability Company ------------------------------------------------------------------ Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Page Date of Document DESCRIBED AT RIGHT: Signer (s) other than Named Above PARCEL 1 BOY SCOUTS OF AMERICA, a California Inland Council, a Califo is Non- Profit Corpora `on B d L. nsen O, Scout Executive CLARED/Indiana.lst _ ` 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ; County of San Bernardino On June 22, 1999 before me, Marlaine Robinson Date Name and Tine of officer(e.g.,`,lane Doe,Notary Pubkj personally appeared Donald L. Townsend Name(s)of Signerts) D 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 MARLAM X77 his/her/their signature(s) on the instrument the person(s), -� NotayPubic--cdre6iQ or the entity upon behalf of which the person(s)� acted,San6eff=dl oCOLN* J MyCorrtm.6pimOct9.2WO r executed the instrument. WITNESS my hand and official seal. QA Signature of 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 Tittle or Type of Document: First Amendment to Reciprocal Grant of Easements and Declarati of Establishment of Covenants, Conditions & Restrictions for Indiana Court Busi. Pa Document Date: June 22, 1999 Number of Pages: 15 ,i Signer(s) Other Than Named Above: i Capacity(ies) Claimed by Signer(s) ' Signer's Name: Signer's Name: D Individual D Individual D Corporate Officer 0 Corporate Officer � Title(s): Title(s): D Partner--D Limited Q General D Partner—D Limited D General D Attorney-in-Fact D Attoey-in-Fact D Trustee D Trustee D Guardian or Conservator D Guardian or Conservator D Other: Top of thumb here D Other. Top of thumb here Signer is representing: Signer Is Representing: F Yi 1 3 01995 National Notary Association•8236 Remmet Ave..P.O.Box 7184»Canoga Park,CA 91309-7184 prod.No,5907 Reorder.can Too-Free 1-500.876-6827 PARCEL CLARA E. CLEM LIVING TRUST DATED JANUARY 8, 1990 By L,1Zej �et,t, O&IgZ, dd11XAzj4,& Clara Mae Clem, as Trustee CHAUNCEY H. CLEK a single man As to an undivided 7% interest By &- ,� U State of California Chauncey H. Clem County of San Bernardino On 17th day of June, 1999, before me, Byron Streifling, Notary Public, personally appeared Clara Mae Clem, 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 he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS MY hand and official se Signatur (Seal) BYRON STREIFLING State of California Comm.11198344 icy NOTARY KOK-CALIFORNIA CMtY of Sao se"Wifirto County of San Bernardino My Comm.E*ss Oct.11,2002 On 17th day of June, 1999,before me, Byron Streifling, Notary Public, personally appeared Chauncey R Clem, 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 he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand official s Signature (Seal) BYRON STRER—INT—r, Comm.11198344 IA NOTARY PUBLIC-CALIFORNIA VI -8- COUMV Of SIA Umardino CLARED/Indiana.lst 9My Comm.Expites Oct.11.2002 PARCEL DONALD J.DANIELS and ALICE M. DANIELS As Trustees UDT dated May 15, 1992 By Donald J.Daniels, Trustee By Alice M. Daniels, Trustee DONNA GREER DANIELS, a unmarried woman, DEAN SPENCE DANIELS, an unmarried man, DALE JASON DANIELS, an unmarried man, All as joint Tenants, with rights of Survivorship as to Their 23.154%undivided interest. By Donna Greer Daniels By Dean Spence Daniels By Dale Jason Daniels -9- CLARED/Indiatm1st PARCEL S TRI-CITY INVESTORS, a California General Partnership By . ''_;� Georg M. Grames, Managing General Partner t CLA I3JTndiana.lat -10— CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On June 22, 1999 before me, Marlaine Robinson DW Name and Tia.of O®eer(..y„-Jane Doe,Notary Pubkl personally appeared George M. Grames Names)of sigrmm ❑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), MARLAM ROeH90t'1 or the entity upon behalf of which the person(s) acted, C rivri cion#I I LV77 -: executed the instrument. SM 8WCK1W axr,ry NV Contra 800Oct 9WITNESS my hand and official seal. So%atCut d Notuy Public OPTIONAL Though the information below is not required by taw,fl may prove valuable to persons ra*g on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of DocumentFirst Amendment to Reciprocal Grant of Easements and Declaratio of Establishment of Covenants, Conditions & Restrictions for INdiana Court Busi. P k Document Date: June 22, 1999 Number of Pages: 15 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Titte(s): Tltle(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ AttomeyAn-Fact ❑ Attomey-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other. ToP of aw1,e hoe ❑ Other: Top of#Unb rem Signer Is Representing: Signer is Representing: i 0 1995 National Notary Assoda on-6238 Re-Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reader.Cab To4free 1-800.8786827 CONSENT OF CITY OF REDLANDS The City of Redlands consents to the foregoing amendment . CITY OF REDLA NDS By � , L—d L� Williah E. Cun gham Mayor By Lorre Poyz City Clerk c /znadi.a1%a.ist —Z ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on November 3, 1999, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared William E. Cunningham and Lorrie Poyzer f Xj personally known to me - or - I I proved to me on the basis of satisfactory evidence to be the persons whose names) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. XoNjuill fill/////Z WITNESS my hand and official seal. Ft E 0 ON" -s LORRIE POYZER, CITY CLERK tp 1888 By: Beatrice Sanchez, Depaty OCCity Clerk % 04LIFOO (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneselUthemselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attornev-In-Fact Principal(s) Trustee(s) Trust x Other Title(s): Mayor and City Clerk Entity Represented- City of Redlands, California THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: First Amendment to Reciprocal Grant of Easements and Declaration of Establishment of Covenants, Conditions and Restrictions for Indiana Court business Park Date of Document: n/a Signer(s) Other Than Named Above: Various Parcel Owners of Indiana Court Business Park CONSENT OF TENANTS The undersigned tenants of Parcels 2, 3, 4 and 5 hereby consent to the foregoing amendment . REDLANDS DAY CARE By Lynn Whitmer, President Board of Directors COLTON-REDLANDS-YUCAIPA REGIONAL OCCUPATIONAL PROGRAM By k& W*UL Dalene Morris, Superintendent GAMBRO HEALTHCARE By Name : Title INLAND NEPHROLOGY By George M. Grames -Z2- CL D/Indiana,iat CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i r1 State of California i County of San Bernardino On June 22, 1999 before me, Marlaine Robinson Date Name and Title of Officer(e.g.,'Jane Doe.Notary Pubkl) personally appeared Dalene Morris, Superintendent Names)of Signer(s) 1 impersonally 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 MAt3tatyEPOSH40Ft his/her/their signature(s)on the instrument the persons), >> c0T"** #111M� or the entity upon behalf of which the person(s) acted, `�► N01WPJft-0dj1 kIexecuted the instrument. SM 8em4P**Omft mycomm BON X000 WITNESS my hand and official seat. r � Signature of Notary Put*c 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-First Amendment to Reciprocal Grant of Easements and Declaratio ) of Establishment of Covenants, Conditions and Restrictions for Indiana Court Busi. ' ark. Document Date: June 22,1999 Number of Pages: 15 ' Signer(s) Other Than Named Above: ) Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ' ❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator " ❑ Guardian or Conservator ' ❑ Other: Top of thumb here ❑ Other: Top of thumb here 1 Signer Is Representing: Signer Is Representing: =i i v 01995 National Notary Association•8236 Rerrunet Ave.,P.O.Box 7164•Canoga Park,CA 91309-7184 Prod,No,5907 Reorder.Call Toil-Free 1-800.876.6827 CONSENT OF TENANTS The undersigned tenants of Parcels 2, 3, 4 and 5 hereby consent to the foregoing amendment. r is REDLANDS DAY CARE By Lynn Whitmer, President Board of Directors COLTON-REDLANDS-YUCAIPA REGIONAL OCCUPATIONAL PROGRAM By Dalene Morris, Superintendent GAMBRO HEALTHCARE By 77 V G�21fT�' Name: . Title ,ee� INLAND NEPHROLOGY By George M. Grames i CLARED/Indiana.133 —12— CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 2 7 State of California County of San Bernardino s s on June 22, 1999 before me, Marlaine Robinson Dete Name and Title of officer(e.g.,"Jane Doe,Nowt'Pubscl personally appeared 'D. 60jl17A Name{s)of Signer(s) ❑personally known to me–OR-M proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)islare subscribed to the within instrument and acknowledged to me that he/she/they executed the 1 same in his/her/their authorized capacity(ies),and that by MAMAM R08NM his/her/their signature(s)on the instrument the person(s), C m'N*n#1113077 or the entity upon behalf of which the person(s) acted, p. Not01Y ftbiC--Coifo ^��'''�`�' u-�^�� executed the instrument. 40M 00 9.2MO MyCwME IP WITNESS my hand and official seal. Signature of Notary Pul3ic—� t 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. l Description of Attached Document } i Title or Type of Document: first Amendment to Reciprocal Grant of Easements and Declarati '' of Establishment of Covenants, Conditions & Restrictions for Indiana Court Business PAk Document Date: June 22, 1999 Number of Pages: 15 Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer(s) ' t Signer's Name: TRt�[r (t'tIrt't-t Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Attomey-in-Fact ❑ Trustee ;11715IM1171 VIM ❑ Trustee ❑ Guardian or Conservator Guardian or Conservator ' Other ,ARL�-- E8� Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: r 01995 National Notary Assoefation•8236 Ran"Ave.,P.o.Box 7184•Canoga Park,CA 91309-7184 u v Prod.No.5907 Reorder.Gaff Toff-Free 1-800-876-6827 { CONSENT OF TENANTS The undersigned tenants of Parcels 2 , 3 , 4 and 5 hereby consent to the foregoing amendment . REDLANDS DAY CARE By Lynn Whitmer, President Board of Directors COLTON-REDLANDS-YUCAIPA REGIONAL OCCUPATIONAL PROGRAM By Dalene Morris, Superintendent GAMBRO HEALTHCARE By Name: Title INLAND NEPHROLOGY By ~ George M. Grames c ntxnaiana.lst -12- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino 1999 Marl.aine Robinson On June 22, before me, , Date rr Name and Title of Officer(e.g.,-Jane Doe.Notts Pubtie) personally appeared r-'Enmt=:�> Names)of Signers) I 0 personally known to me–OR— +roved 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 f, same in his/her/their authorized capacity(ies),and that by MRQB�l9ct his/her/their signature(s)on the instrument the person(s), cocm,Icocr,te ttt3ot7 or the entity upon behalf of which the person(s) acted, v Notarywbic--Cokialia executed the instrument. son cry ilaycorstrnEvNetO0 WITNESS my hand and official seal. S; signature of 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: First Amendment to Reciprocal Grant of Easements and Declarati of Establishment of Covenants, Conditions & Restrictions for Indiana Court Busi. Pa ' Document Date: June 22, 1999 Number of Pages: 15 ' Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) } Signer's Name: g1=nRlzr' 1 1 Signer's Name: • Individual 0 Individual • Corporate Officer O Corporate Officer Title(s): Title(s): Partner—❑ Limited IKGeneral Cl Partner—0 Limited Cl General 0 Attorney-in-Fact ❑ Attorney-in-Fact CI TrusteeCl Trustee 0 Guardian or Conservator . ,i Cl Guardian or Conservator • , Q Other: Top of thumb here Q Other: Top of thumb here t Signer Is Representing: Signer Is Representing: b 01995 National Notary Association•8236 RemmetAve.,RO.Box 7184•Canoga Park.CA 91309-7184 V Prod,No.5907 Reader;Call Toll-Free"00.876-W7 EXHIBIT A Legal Description of Indiana Court Business Park Parcels 1, 2, 3, 4 and 5 of Parcel Map 12940, as shown by map on file in Book 148 Pages 53 and 54 , being a division of Lot 4 of Tract 12158 as shown by Map on file in Book 183 , Pages 56 and 57 of Maps, Official Records of San Bernardino County, California. CLPJtW/Indiana.1st -13- �,�- 3--� G ./' _r "=�1v �� . r` ,,,/'� s.'��'�'�� t�� ""� � '�\ • � .,,,,.ter � r 1 � �, ^L1�t�� - � . � ,�-. �, C � %�.. �;r`�,�1�' ,..�L��,iC�� ,� �� r � ��.� ��,,{LlC`� ��C�� _�z. �?U p �g-�V� ,� �' � . t � � �� `�., ,, , , �� ' �. 3 .` r E- i'.3a .,..--- � ' s 1 �, d � ti 1 2 .:- � p, � t � , ,` � ,,� 1 1'� 3 ` 1 t 2 ,,