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HomeMy WebLinkAbout2010-379 (NOTE: COMPANION RESOLUTION CDC/2010-62) RESOLUTION NO. 2010-379 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 3 CITY OF SAN BERNARDINO APPROVING A LICENSE AGREEMENT WITH THE CPT/SC TITLE HOLDING CORPORATION FOR AN OFF- 4 SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN FOR THE HOSPITALITY BUSINESS DISTRICT AND ACCEPTING AN EASEMENT s GRANTED BY CPT/SC TITLE HOLDING CORPORATION 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0 8 SAN BERNARDINO AS FOLLOWS: 9 10 SECTION 1. The City Manager is hereby authorized and directed to execute on behalf o 11 the City a License Agreement for an off-site electronic message center freeway sign for the 12 Hospitality Business District in the Southeast Industrial Park Redevelopment Project Area, sai• 13 License Agreement being attached as Exhibit "1". 14 SECTION 2. Said License Agreement shall not take effect or become operative until 15 fully signed and executed by the parties, including recordation of the easement attached to the 16 License Agreement as Exhibit "C". No party shall be obligated under this License Agreemen 17 until the time of such full execution. No oral agreements, amendments, modifications or waiver 18 are intended or authorized and shall not be implied from any act or course of conduct of an 19 party. 20 SECTION 3. The authorization to execute the License Agreement shall be automaticall 21 rescinded if the parties fail to execute it within sixty (60) days after the passage of thi 22 Resolution. 23 /// 24 /// 25 26 27 28 - 1 C.\Documents and Settings\hempeno\My Documents■CPT Freeway Sign-Hospitality and Waterman MCC Reso 11-16-10 docs 2010-379 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A LICENSE AGREEMENT 2 WITH THE CPT/SC TITLE HOLDING CORPORATION FOR AN OFF- SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN FOR THE 3 HOSPITALITY BUSINESS DISTRICT AND ACCEPTING AN EASEMENT GRANTED BY CPT/SC TITLE HOLDING CORPORATION 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held 7 8 on the 15th day of November , 2010, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ x 10 DESJARDINS x 11 BRINKER X 12 SHORETT x 13 KELLEY x 14 JOHNSON x 15 MC CAMMACK x 16 17 18 19 Rac -1 Clark, City Clerk 20 'C The foregoing Resolution is hereby approved this t L' day of November , 2010. 21 22 • Patr> t . Mor ' M yor 23 of San Bernardino 24 Approved as to Form: 25 JAMES F. PENMAN, 26 City Attorney 27 , 28 By: . .,. . - , -2 C:\Documents and Settings\hempeno\My Documents\CPT Freeway Sign-Hospitality and Waterman MCC Reso 1 I-I S-10.docx 2010-379 Exhibit"1" LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CPT/SC 2 TITLE HOLDING CORPORATION AND THE REDEVELOPMENT AGENCY OF THE 3 CITY OF SAN BERNARDINO REGARDING OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN FOR THE HOSPITALITY BUSINESS DISTRICT 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 -3 P:Wgendas'Resolutions\Resolutions\2010\11-15-10 CPT Freeway Sign-Hospitality and Waterman MCC Reso.docx 2010-379 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Redevelopment Agency of the City of San Bernardino 201 North"E" Street, Suite 301 San Bernardino, CA 92401 (Space Above Line For Use By Recorder) Recording Fee Exempt Pursuant to Government Code Section 6103 LICENSE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CPT/SC TITLE HOLDING CORPORATION AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REGARDING OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN FOR THE HOSPITALITY BUSINESS DISTRICT This license agreement (the "Agreement") is entered into and effective as of , 2010 at San Bernardino County, California by and among the City of San Bernardino, a municipal corporation and a charter city, ("City"), and CPT/SC Title Holding Corporation, ("Owner"), and the Redevelopment Agency of the City of San Bernardino ("Agency") on the basis of the recitals set forth below. RECITALS A. Owner is the owner of that real property in San Bernardino County, California,more particularly described in Exhibit"A" attached hereto and incorporated herein by reference (the "Real Property"). The Real Property is situated on a 1.53 acre site on the south side of Hospitality Lane, west of Waterman Avenue, San Bernardino, California. The proposed sign location is adjacent to the westbound Waterman Avenue on-ramp on the north side of Interstate 10, approximately 300 feet south of Hospitality Lane in the CR-3, Commercial Regional Tri-City/Club land use district. B. The Real Property is located within Agency's Southeast Industrial Park project area(the "Project Area). C. City and Owner(collectively,the "Parties")have determined that an Off-Site Electronic Message Center Freeway Sign(the"Sign") is necessary to increase awareness to redevelopment businesses in the City of San Bernardino. D. Increased awareness of the businesses will result in increased sales and will thereby benefit both Owner and City through increased sales tax revenue. E. This Agreement is intended to set forth the terms and conditions regarding the development, maintenance and the use of the Sign on Real Property. 1 P:\Agendas\Agenda Attachments\Exhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined doe 2010-379 F. In addition to increased sales tax revenue, City will receive benefits from this Agreement in the form of(i)revenue sharing from the sign; and (ii) opportunities to display community-oriented messages, informational announcements, and to promote the overall positive image of the City of San Bernardino on the Sign. G. Pursuant to the provisions of the Outdoor Advertising Act(CA Business & Professions Code Sections 5270 et seq., the "Act")the Sign located on the Real Property constitutes a new On- Premise Display under the Act and, as such requires Caltrans approval of an Outdoor Advertising Structure Permit/Application. H. The Act provides that a new display may be considered an on-premise display as to all businesses within a redevelopment project area when the local redevelopment agency certifies to Caltrans that the sign display is restricted to displaying only businesses and activities within the redevelopment project area in which it is located. I. On September 21, 2009, the Mayor and Common Council of the City approved Development Code Amendment No. 09-01 and on November 18, 2009 the Planning Commission approved Conditional Use Permit No. 09-14,to allow construction of the Sign on the Real Property. J. Conditional Use Permit No. 09-14 requires that the Sign be subject to a License Agreement with the City as approved by the City's Mayor and Common Council. K. This Agreement satisfies that requirement for a License Agreement as stated in the Conditional Use Permit No. 09-14. AGREEMENT IT IS HEREBY AGREED, on the basis of the foregoing facts and for valuable consideration,the receipt and sufficiency of which are acknowledged, as follows: 1. Recitals. The recitals set out above are true and correct. 2. Commencement Date. As used in this Agreement, the "Commencement Date" shall be the date on or by which all of the following matters have occurred: (a) City has issued Building Permit(s) for construction of the Sign (b) Owner has notified City in writing that the Sign has been fully constructed,tested and is ready for immediate commercial use; and(c) City has approved Final Inspection of the construction of the Sign. 3. Term. The term of this Agreement (the"Term") shall commence on the execution of this Agreement and shall expire twenty (20) years thereafter, unless terminated sooner pursuant to Paragraph 14, herein. 4. Real Property Matters. The Real Property consists of one legal parcel, Assessor Parcel Number141-402-39, as indicated on Exhibit"A" (referred to herein as "Parcel A"). The Sign will be constructed on a portion of Parcel A in the area described in Exhibit`B" (Sign Easement Area). 5. Recording of Easement. Concurrent with the Commencement Date (as hereinafter defined), Owner will grant an easement to City for the area described as the Sign Easement Area by recording the Grant of Easement attached hereto as Exhibit"C" (the"Easement"). Except as 2 P:\Agendas\Agenda Attachments\Exhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 2010-379 expressly stated in the Grant of Easement,the granting of the Easement will be without any express or implied representations and/or warranties by Owner. The Easement is for the sole purpose of granting right-of-way to the City so that the provisions of this Agreement will constitute covenants that run with the land as to the Sign Easement Area. The term of the Easement shall be coterminous with the Term of the License as defined below. Except as expressly stated in this Agreement to the contrary, City shall have no right to (and City shall not) transfer, convey, assign, encumber, enter upon or use any portion of the Sign Easement Area. 6. City's Actions—License Granted. During the City's ownership of the Easement, City hereby grants Owner a license to access, enter upon and use the Sign Easement Area at any time for the purposes of construction, inspecting, repairing, maintaining, and/or operating the Sign(the "License"). No fee or other charge shall be payable to the City in connection with the License. 7. Owner's Obligations. During the term of this Agreement and any extension thereof, Owner shall comply with the following: 7.1. Sign Installation. a. Owner agrees to install and maintain in good condition for twenty (20) years from the date of the Agreement,the Sign visible to motorists on I-10 as approved by the City with Conditional Use Permit No. 09-14. Should Owner sell the Sign, then City agrees that Owner may also, without City's further consent, assign and transfer this Agreement and all obligations of both City and Owner hereunder. b. Such Sign shall be subject to all licenses and permits and approvals of all applicable governmental agencies which approvals shall not be unreasonably withheld. As of the Commencement Date of this Agreement, City acknowledges that the Sign complies with all applicable ordinances and all other requirements of the City. c. City shall have no responsibility whatsoever for the selection of the contractors, for the construction work on said Sign, nor responsibility for the finished product. d. Owner hereby agrees to comply with all applicable laws, statutes, ordinances or regulations of every level of government, which affect the installation, maintenance, and use of said Sign during the term of this Agreement. 7.2. City Use of Sign. For the term of this Agreement,the City shall be permitted the right to use the Sign three (3)minutes per every hour of airtime on a"use it or lose it" basis. City shall have no right to accumulate any unused airtime. Owner may grant additional airtime to City at Owner's sole discretion. The City may use its allotment of time for various community- oriented messages, informational announcements, and to promote the overall positive image of the City of San Bernardino. All other uses of the Sign shall be at Owner's sole and absolute discretion in accordance with the provisions of this Agreement and all applicable Federal, State and local laws and regulations. In the event the City does not have a sufficient number of community oriented announcements, informational messages, or positive image advertisements to use the City's entire minutes of time allotted,the City may, at its option and sole discretion,relinquish its rights to any or all of the unused portion of the City's allocated time to the Owner for its usage as it deems fit and proper without any further compensation due to City. Further, City may not sell or otherwise allow any of its allotted time to be used by any other third party without the express written consent of Owner, which consent may be withheld in Owner's sole and absolute discretion. 3 P:\Agendas\Agenda Attachments\Exhibits\2010\l 1-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 2010-379 All uses of the Sign by the City will be submitted to the Owner by the City Manager in a medium and format acceptable to Owner and provided at the City's sole expense. The City Manager may submit the City's messages and announcements to Owner, or designee, for reprogramming of the Sign twice per month, generally on the 1St and 15th day of each month. If however, the 1st or 15th day falls on a Friday, Saturday, or Sunday,then the deadline for submittal of all advertising copy and messages shall be the following Monday by 5:00 pm. 7.3. Revenue Sharing. Owner shall pay the City of San Bernardino in accordance with the following schedule. Years are measured from the Commencement Date. Years Amount 1 —3 $3,000 Annually 4—5 $4,000 Annually 6— 15 $5,000 Annually 16—20 $6,000 Annually Revenue sharing shall constitute payment for all rights provided to City, under this Agreement and for the operation of Sign. Fees shall be due and payable thirty (30) days after the first anniversary date of this agreement and then on said date for each year of this Agreement. Payments shall be delivered to: City of San Bernardino Attention: City Manager's Office 300 North D Street San Bernardino, CA 92408 7.4. Sign Content. Owner and City agree to comply with all applicable laws, rules, ordinances and regulations concerning the content of any and all messages displayed on the Sign. Further, Owner agrees not to display messages with the content advertising adult entertainment, tobacco products or alcoholic beverages, with the exception that Owner may advertise events or other functions that are sponsored by companies affiliated with alcoholic beverages. City and Owner agree to meet at least once a year to, in good faith, negotiate and discuss the ban on allowing alcoholic beverages advertisements and content. Owner shall have at its sole option and discretion, the right to approve any and all content of messages to be displayed on the Sign in accordance with the provisions of this Agreement and all applicable Federal, State and local laws and regulations. 7.5. Advertising. The Sign shall advertise only businesses and activities located in the Project Area and as set out on the Agency's current list of such businesses. In the event of any dispute regarding whether such business or activity is located in the Project Area,the Agency Executive Director shall make a final determination.Notwithstanding, even when such businesses or activities are located in the Project Area, Owner agrees not to display messages with content advertising adult entertainment,tobacco products or alcoholic beverages, with the exception that Owner may advertise events or other functions that are sponsored by companies affiliated with alcoholic beverages. All uses of the Sign shall be at Owner's sole and absolute discretion in accordance with the provisions of this Agreement, the City entitlements, Caltrans authorizations and all applicable Federal, State and local laws and regulations. 4 P:\Agendas\Agenda Attachments\Exhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 2010-379 7.6. Agency Airtime. (1) In addition to any airtime provided to City, Owner shall reserve for Agency a minimum of three (3) minutes per hour of broadcast time for display of community oriented messages and/or information announcements regarding businesses or activities within the project area. Agency shall comply with all applicable local, state and federal rules and regulations in providing such messages and/or announcements. Agency may delegate its reserved time to third parties to carry out such use. Upon request of Agency, Owner may grant additional airtime to Agency at Owner's sole discretion. Such airtime may accrue as agreed in writing between Owner and Agency's Executive Director. Agency also may, at its option and sole discretion, relinquish its rights to any of the unused portion of the reserved time to the City for use as set out under the License Agreement. Agency may not sell its reserved time. (2) All copy for display on the Sign pursuant to this subsection shall be submitted to the Owner by the Agency's Executive Director or his/her designee and shall be provided at Agency's sole cost and expense. Such messages may be submitted twice per month for Sign reprogramming, generally on the 1st and 15th day of each month or as otherwise provided in a schedule determined by Owner and Agency. 7.7. Reporting and Monitoring. Owner shall maintain a record of all messages displayed on the Sign and shall such report monthly to the Agency on or before the 10th of the month. 8. Agency Responsibility. Agency has determined that Owner's execution of and compliance with this Agreement meets the requirements in the proposed policy, is consistent with the goals and policies of the Redevelopment plan, and does not diminish the overall appearance of the community. Agency therefore will provide to Caltrans the following necessary documents to accompany Owner's Outdoor Advertising Structure Permit/Application: (i) a map of the subject redevelopment project area; (ii) a list of qualifying businesses and activities located in the project area; (iii) certification in writing that the project is located within the boundaries of the project area and will only advertise businesses and activities operating within such redevelopment project area. In addition, Agency also will submit its written request for an extension of time for such permit. 9. Agency Monitoring and Revocation. The Executive Director of Agency or his/her designee shall have the authority to monitor the requirements of this Agreement, including, but not limited to, requesting additional records regarding Sign displays and use of airtime. Agency may terminate this Agreement, revoke its certification to Caltrans and notify City of such revocation if Owner fails to comply with the terms hereof. Before such revocation, Agency shall provide 30 days prior notice to Owner of the violation and an opportunity to correct such violation within that time frame (if correction is possible). 10. Amendments to Project Area. In the event that the Project Area is amended, merged or its boundaries otherwise change, Agency and Owner shall amend this Agreement as necessary and Agency shall take all necessary steps to provide Caltrans with a revised listing of qualified businesses and activities within the revised project area. 11. Memorandum of License Agreement. Attached hereto as Exhibit"D" is a Memorandum of License Agreement (the "Memorandum"). Concurrently with Owner's granting of the Easement, Owner and City shall execute (with signatures duly notarized) the Memorandum. Concurrently with the recordation of the Grant of.Easement, the Parties shall cause the Memorandum to be 5 C:\Documents and Settings\joquendo\Local Settings\Temporary Internet Files\Content.Outlook\07J3BOOE\I 1-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.dos, 2010-379 recorded in the Office of the San Bernardino County Recorder(immediately following the recordation of the Grant of Easement). 12. Notice of Memorandum Termination. The parties hereby agree that upon the expiration or early termination of the Term of this License Agreement, the then-Owner of Parcel A shall have the unilateral right to execute, acknowledge and record a Notice of Memorandum Termination in the form of Exhibit"E", attached hereto. Failure to execute or record the Notice of Termination shall not affect the expiration or early termination of this Agreement pursuant to its terms. 13. Termination of Easement. The Easement shall automatically terminate and cease to be effective upon the expiration or early termination of the Term of this License Agreement. 14. Termination. This Agreement may be terminated at any time by thirty (30) days written notice by Owner. City may terminate this Agreement only upon material breach of the Agreement by Owner and then only after City has delivered notice to Owner of the breach and provided a reasonable opportunity for Owner to cure the breach. An opportunity shall be considered reasonable if Owner is afforded at least thirty (30) days to cure any alleged breach unless a sufficient cure requires longer than thirty (30) days, in which case Owner shall not be in breach as long as Owner diligently pursues the cure to completion. Owner shall immediately cure the breach upon notice provided by City. The terms of this Agreement shall remain in force unless mutually amended. In the event of termination of this Agreement, Owner shall remove the Sign within thirty(30) days. 15. Costs and Fees. Recording costs, documentary transfer taxes and other out of pocket expenses incurred in the connection with the subsections set forth above shall be paid fifty percent (50%)by City and (50%) by Owner. 16. Convenants Run with the Land. The provisions of this Agreement shall constitute covenants that run with the land and shall be binding upon and inure to the benefit of the current and future owners of Parcel A during such ownership. 17. Indemnity. Owner hereby agrees to indemnify, defend, and hold harmless the City and the Economic Development Agency,their officers, agents, and employees from and against any and all liability, expense and claims for damages of any nature whatsoever, including but not limited to, costs, bodily injury, death, personal injury, or property damage (including without limitation, reasonable costs of defense and reasonable attorney's fees), asserted by a third party, arising out of or related to Owner in its performance of this Agreement, or from any of Owner's message content, except that such duty to indemnify, defend, and hold harmless shall not apply where injury to person or property is caused by the City's willful misconduct or negligence. City hereby agrees to indemnify, defend, and hold harmless the Owner and their officers, agents, and employees from and against any and all liability, expense and claims for damages of any nature whatsoever, including but not limited to , costs, bodily injury, death, personal injury, or property damage (including, without limitation,reasonable costs of defense and reasonable attorney's fees), asserted by a third party, arising out of or related to City's performance of this Agreement or from any of City's message content, except that such duty to indemnify, defend, and hold harmless shall not apply where injury to person or property is caused by the Owner's willful misconduct or negligence. 6 P.\Agendas\Agenda Attachments\Exhibits\2010\I 1-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 2010-379 City may access Owner's property on which the Sign is located,upon Owner's prior written consent,to perform maintenance to or for any easement or other right of way that the City may have. City agrees to indemnify, defend and hold harmless the Owner and its employees, agents and assigns with respect to any and all claims, losses, damages, liabilities and expenses suffered by any of the parties in connection the City's entrance upon and access to Owner property. 18. Insurance. While not restricting or limiting the foregoing, during the term of this Agreement, Owner shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the City's Risk Management prior to undertaking any work under this Agreement. City shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the City shall require the insurer to notify City of any change or termination in the policy. 19. Non-Discrimination. In the performance of this Agreement and in the hiring and recruitment of employees, Owner shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 20. No Employment. Owner shall perform work tasks provided by this Agreement but for all intents and purposes, Owner shall be an independent contractor and not an agent or employee of the City or of the Agency. 21. Notices.Notices given pursuant to this Agreement shall be in writing and deposited with the United States Postal Service postage prepaid and addressed as follows: To the City: City Manager City of San Bernardino 300 North"D" Street San Bernardino, CA 92418 To Owner: CPT/SC Title Holding Corporation 3250 Vista Diego Road Jamul, CA 91935 To the Agency: Executive Director Redevelopment Agency of the City of San Bernardino 201 North"E" Street, Suite 301 San Bernardino, CA 92401 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 22. Attorneys' Fees. Should suit be brought to enforce or interpret any part of this Agreement,the prevailing party in the suit shall be entitled to recover, as an element of costs of suit and not as damages, reasonable attorneys' fees to be fixed by the court. The prevailing party shall be the party entitled to recover its costs of suit, regardless of whether such suit proceeds to final judgment. A party not entitled to recover its costs shall not be entitled to recover attorneys' fees.No sum for attorneys' fees shall be counted in calculating the amount of a judgment for the purposes of determining if a party is entitled to recover costs or attorneys' fees. The costs, salary and expenses 7 P:\Agendas\Agenda Attachments\Exhibits\2010\I I-I5-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 2010-379 of the City Attorney or members of his office shall be considered attorneys' fees for the purposes of this Agreement. The costs, salary and expenses of Owner's in-house and/or outside legal counsel shall be considered attorneys' fees for the purposes of this Agreement. Venue for such suit shall be in the County of San Bernardino or in the United States District Court, Central District of California, Eastern Division. 23. Miscellaneous. Each and all of the provisions hereof shall be binding upon and inure to the benefit of all successors and assigns and, in that connection, Owner may assign all or any portion of its interest in the License Agreement in its sole discretion. This Agreement may not be recorded except with the written permission of Owner. Each of the counterparts of this Agreement executed simultaneously herewith by all parties hereto shall be deemed an original of this Agreement. This Agreement constitutes the entire agreement between the parties and recites the entire consideration given and accepted by the parties, and no representations not expressed herein or endorsed hereon have been made by either party or agents. This Agreement may be modified in writing only, signed by the parties at the time of the modification. The invalidity of any provision of this Agreement shall in no way affect the validity of any other provision hereof. /// /// /// 8 P:\Agendas\Agenda Attachments\Exhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 2010-379 LICENSE AGREEMENT BETWEEN CITY OF SAN BERNARDINO, CPT/SC TITLE HOLDING CORPORATION AND REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REGARDING OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN FOR THE HOSPITALITY BUSINESS DISTRICT IN WITNESS WHEREOF the Parties have executed this Agreement on the day and date first shown above. ATTEST: CITY OF SAN BERNARDINO By: By: Li LAJL 1 Rachel Clark, City Clerk Charles McNeeley, City Manager APPROVED AS TO FORM: By: James F. Penman, City Attorney CPT/SC TITLE HOLDING CORPORATION By: Strategic Property Advisers, Inc. Its Authorized Agent APPROVED AS TO FORM: By By: Peter G. Aylward, Its President REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ATTEST: By: By: Emil A. Marzullo, Interim Executive Director APPROVED AS TO FORM: By: Agency Counsel 9 P:\Agendas\Agenda Attachments\Exhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 2010-379 EXHIBIT "A" LEGAL DESCRIPTION COMMERCIAL PARCEL (PARCEL A) ALL OF PARCEL 2 OF PARCEL MAP NUMBER 8619,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN IkOOK 97 OF PARCEL MAPS,PAGES 81 THROUGH 82, IN THE OFFICE OF THE COUNTY RECORDER QF SAID COUNTY,TOGETHER WITH ALL THAT PORTION OF LOT 1,BLOCK 54, RANCHO SAN BERNARDINO,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 7 OF MAPS,PAGE 2, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,TOGETHER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 2, SAID CORNER BEGIN THE TRUE POINT OF BEGINNING;THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 2,SOUTH 0°23'16"EAST 331.32 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 2;THENCE NORTHEASTERLY'ALONG THE SOUTHERLY LINE OF SAID PARCEL 2,NORTH 80 021'58"EAST 198.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVJNQ A • • RADIUS OF 100.09-FEET;THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY • , LINE OF SAID PARCEL 2,ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF • ' • ! 73°28'21"A DISTANCE OF 128.35 FEET;THENCE NON-TANGENT TO SAID CURVE, NORTHEASTERLY ALONG THE EASTERLY LINE OF SAID PARCEL 2,NORTH 6°53'23" EAST 73.59 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 2;THENCE WESTERLY ALONG A NORTHERLY LINE OF SAID PARCEL 2, SOUTH 89°30'14"WEST 140.00 FEET TO A POINT 50.00 FEET EASTERLY MEASURED AT RIGHT ANGLES FROM A EASTERLY LINE OF SAID PARCEL 2, SAID POINT BEING THE SOUTHEASTERLY CORNER OF THE WEST 50.00 FEET OF THAT PORTION OF SAID LOT 1 AS DESCRIBED IN THAT CERTAIN DEED RECORDED DECEMBER 18,2008 AS ' DOCUMENT NUMBER 2008-0558484 OF OFFICIAL RECORDS;THENCE LEAVING SAID NORTHERLY LINE,ON A LINE NORTHWESTERLY,NORTH 0°26'54"WEST . PARALLEL AND 50.00 FEET EASTERLY OF SAID EASTERLY LINE OF SAID PARCEL 2, SAID LINE BEING THE EASTERLY LINE OF SAID WEST 50.00 FEET OF SAID PORTION OF SAID LOT 1, 140.86 FEET TO THE NORTHEASTERLY CORNER OF SAID WEST 50.00 FEET OF SAID PORTION OF SAID LOT 1;THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID WEST 50.00 FEET OF SAID PORTION OF SAID LOT 1 AND THE NORTHERLY LINE OF SAID PARCEL 2, SOUTH 89°30'14"WEST 148.35 FEET TO THE TRUE POINT OF BEGINNING. • THE ABOVE DESCRIBED PARCEL CONTAINS: 1.532 ACRES MORE OR LESS PREP D E MY SUPERVISION:. U( t if '—.__. (0-L0.-10o o NO.asti1 1 DOUGLAS R.ME'CHIOR,P.L.S. 4611 DATE Ex 8-30. `- , LICENSE EXPIRE -30-2012 /° OF GA„-_,,,. 2010-379 EXHIBIT A-4 SHEET I OF 2 SHEETS LEGAL DESCRIPTION ALL OF PARCEL 2 OF PARCEL MAP NO. 8619; IN NE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 97 OF PARCEL MAPS, PAGE 81 THROUGH 82, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH A PORTION OF LOT 1, BLOCK` 54, RANCHO SAN BERNARDINO, IN THE CITY OF' SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CAUFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, IN THE OFFICE OF THE COUNTY RECORDER •OF SAID COUNTY. EASEMENTS EASEMENTS PLOTTED HEREON PER FIRST LEGEND . AMERICAN TITLE ROMANCE COMPANY TITLE REPORT # NCS-120064-1A2 DATED DECEMBER 10, 2004. TPOB as TRUE PONT OF BEGINNING ' (j) EXISTING SOUTHERN CALIFORNIA EDISON EASEMENT .fir= ABUTTERS RIGHTS OF INGRESS AND REC. 6-14-1971 IN 800K 7687, PAGE 859 O.R. EGRESS TO OR FROM FREEWAY ADJOINING PLOTTED HON LAND HAVE MI REUNGIISHED PER DOC. REC. 2-5-1962 N BOCK 5641,PAGE 312 O.R. (2) EXISTING VEHICULAR PARKING SPACES, PEDESTRIAN AND AND BOOK 5883, PAGE 546 RE. 4-4-1963, O.R. VEFAR INGRESS AND ACCESS EASEMENT REC. 7-30-1985 AS DOC f 85-183259 O.R. BLANKET N NATURE INDICATES NON EXCLUSIVE ACCESS EASENT r AREA 0) PROPOSE] SIGN EASEMENT / 66,752.74 SQ. FT. /. OR 1.532 ACRES PROPERTY QVINER: CPT/SC TITLE HOLDING CORPORATION A CAUFORNA CORPORATION iligt.zt pi d_ '0-2010 TITLE: HOSPITALITY LANE ' rem 1 CHM DATE el. LA40 COMMERCIAL PARCEL (PARCEL A) PIS 4611 fr ' 'r MELCI90R LAND SURVEYING INC. . L 61 5731 PALMER WAY, SIATE G "- Pa 4111 11751 PALMER WAY, SUITE © LS. 44111 CARLSBAD, CA 92010 6p.1-11-9 41 CARLSBAD, CALWORNIA 92010 760-438-1726 ,• (790) 4941-17241 PAX (740) 4$$—$991 4' '* DATE OF PREPARATION: 10/20/2010 ,1N 3731-ACFSS-FSUNT.DWG 2010-379 EXHIBIT A—2 SHEET 2 OF 2 SHEETS HOSPITALITY LANE TP09 PARCEL 2ER N 891614. 91614' — — — / ---.)PM 8619 rail, f" 0 . A-2 D 0 41 qa4 �\,CG' I Z " gilt `1 ' 12 a A c'T . " r' q O0 I N893014 E 03 � � ,� l : a6 W z 3 3"! , r4 wr; . t 11 0.•1 '��,• • o R=1700s209 ez1" : 1=128.35 98E - �` 14° 10 KIERSIA ComitA STAB ' i • . ASSESS 0141-402-39-0-000 0141-402-06-0-000 PROPERTY OWNER: CPT/SC TITLE HOLDING CORPORATION A CALIFORNIA CORPORATION T1T1.E: 1.0-20-2010 HOSPITALITY LAVE »��r -p COMMERCIAL PARCEL (PARCEL A) P1S 4611 c.)\ 4 NC 5731 PALMER WAY, SUITE G f •NO. 4611 . . I7$1 PALMER WAY, Bid CI L.B. 4011 CARLSBAD, CA 92010 0, 41-310 CARLSOAD, CALIFORNIA '020110 760-438-1726 `y. (700) 400-17!11 FAX (700) 421-2001. ''''� , .` b.' DATE OF PREPARATJOPt; 10/20/2010 JV 3231-AC ESS-ESMNT.DWG 2010-379 FROM ANGLE DIST NORTH BAST LOT CHECK MODE ENABLED 13 TRAV S Q23 16 E 331.32 COR PAR 14 TRAV N 80 21 58 E 198.56 COR PAR RADIAL S 9 38 02 E • DELTA 73 28 21 LT RADIUS 100.09 TAN 74.70 L-ARC 128.35 RADIAL S 83 06 23 E 15 CHORD N 43 37 48 E 119.73 COR PAR . -TAWN7 N . -6 53 .37 --F. - -• 17 TRAV N 6 53 23 E 73.59 COR PAR • 10 ' ITAV 8 89 30 14 W 140.00 21 rJ= N 0 26 54 W 140.86 20 TRAV S 89 30 14 W 148.35 COR PAR LAT & DEP 0.00042 -0.00465 13 HCOSE N 84 49 52 W 0.00 5138.35896 4710.55861 PREC = 1 TO 248640 Area = 66752.74 eq ft 1.53243 ac --- 00UMOseep 4/ Sr 13 * ° Ey Q-30-11.- cr>, „1114. • lit OF C 2010-379 EXHIBIT "B" LEGAL DESCRIPTION SIGN EASEMENT AREA ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NUMBER 8619,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED Itsi•BOOK 97 OF PARCEL MAPS,PAGES 81 THROUGH 82,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 2;THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 2,SOUTH 0°23'16" EAST 331.32 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 2;THENCE NORTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 2,NORTH 80°21'58"EAST 198.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100.09 FEET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2,ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°14'24"A DISTANCE OF 23.13 FEET TO THE TRUE POINT OF BEGINNING,A RADIAL THROUGH SAID POINT BEARS SOUTH 22°52'26"EAST;THENCE LEAVING SAID SOUTHEASTERLY LINE,NORTH 2°09'20" WEST 42.11 FEET; THENCE NORTH 87°50'41"EAST 12.00 FEET; THENCE SOUTH • 2°09'20"EAST 36.64 FEET TO A POINT ON SAID SOUTHEASTERLY LINE OF SAID PARCEL 2, SAID POINT BEGINNING ON SAID CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100.09 FEET;THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE,ALONG SAID CURVE THROUGH A CENTRAL ANGLE QF 7°33'16"A DISTANCE OF 13.20 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS: 474.39 SQUARE FEET 0.011 ACRES MORE OR LESS i PREPARED UNDER MY SUPERVISION: DO GLA • . LCHIOR,P.L.S. 4611 DATE *A. $ NO.4611 VA LICENSE EXPI' ' S'9-30-2012 €xp.0-30. tL °F. CPA- 2010-379 EXHIBIT B- 1 SHEET 1 OF 2 SHEETS LEGAL DESCRIPTION ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 8619, IN THE CITY t)F SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 97 OF PARCEL MAPS, PAGE 81 THROUGH 82, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. LEGEND EASEMENTS POO = TRUE POINT OF BEGM ING EASEMENTS PLOTTED HEREON PER FIRST 1POB = TRUE POINT OF BEMIRING • AMERICAN TITLE INSURANCE COMPANY TITLE (R) = RADIAL REARM REPORT # NCS-120064--1A2 DATED DECEMBER 10, 2004. 'VC_ 'BUTTERS RIGHTS OF KgtESS Mt (D.USING SOUTHERN CALFORNIA EDISON EASEMENT • EGRESS TO OR FROM FREEWAY ADJOINING ' REC. 6-14-1971 IN BOOK 7687, PAGE 859 O.R. LAND HAW BEEN RELNGUISHED PER DOC. PLOTTED HEREON IBC. 2-5-1962 IN BOOK 5641,PAGE 312 OR AND BOOK 5883, PAGE 546 RE. 4-4-1963, OR ® EXISTING W.HICULAR PARKING SPACES, PEDESTRIAN AND WEHICULAR INGRESS AND ACCESS EASEMENT REC. INDICATES SIGN EASEMENT / 7-30-1985 AS DOC # 85-183259 O.R. j BLANKET IN NATURE AREA OF EASEMENT 474.05 S4. FT. /' BEING 0.011 ACRES PROPERTY OWNER: CPT/SC TITLE HOLDING CORPORATION A CALIFORNIA CORPORATION ••� (� %; . 10-20-201{1 RE: iOSPIT�7T LANE a s1W R. w I t° -DA 1.440 SIGN PARCEL PLS 4611 �4.. mom LAND SURWYING RC. = en QN L itirianla INC 5731 PALMER WAY, SUITE G P NO. 4311 1 4721 PALMER WAY, 4UITE 4 L.$. 4011 CARLSBAD, CA 92010 60'' CARLSBAD, CALIFORNIA 02010 760-438-1726 ;. (710) 410-1711 FAX (T10) 410-3001 '-"t; . ,,. . . DATE OF PREPARATION: 10/2012010 JN 3231-ACESS-ESMNT.DWC 2010-379 EXHIBIT B-2 SHEET 2 OF 2 SHEETS HOSPITALITY LANE N.W. CORNER N 89'30'1' — — — OF PARCEL 145.35 1 V z I 1\c6 °� z L I N 89'30114" E rn Yai 140.E w (140) NS 0 p4 00 A=737.8'21' , II 4'�` R=100.09' ! 3, w SIGSEE EASEMENT �128.35' ' NI VV) I N '�—� / L=105.22' N1. E ‘-� m 198.56 TPOB Alb, _ � ....... • • SIGN EASEMENT© £ F2o': R = 7'�i3;1S" N 87'50'41' E 1200' L=j N 02'09'20' W 36.64' ® �a1�i�z4' S 225216' E(R) r4tri: =6093'57' ® R=100.09' A '-S.PARCEL NUMBERS: L-105.22' PR1CR TO LOT IrERGER TPOB PAR 2- 0141-402-39-0-000 PORTION LOT 1- 0141-402-06-0-000 di..1.3t.3' ,. :/ TIE: HOSPITALITY LANE i71711., R. i i p 1 A � „gg. L SIGN PARCEL PIS 4611 y�.� • 't Mt1GOR LANG SL 1NG INC. ��;�+ ti 1411.04Cat LAM ILINARINS NC 5731 PAVER WAY, SUE G V. 14 1111. . $T$1 PALMER WAY, UTATE IS L.S. 4411 CARI.SBAD, CA 92010 $ CARLSBAD, CALPORtIA 51010 760-438-1726 , (750) 410-1110 FAX (750) 431-1951 ,4: • iF 0,:r,' DAZE OF PREPARA : 10-20/2010 A 3231-A COS-ESMIWT.DING 2010-379 • FROM ANGLE DIST NORTH EAST TO SIGN EASEMENT LOT CHECK MODE ENABLED 13 TRAV S G 23 16 E 331.32 14 COR PAR 2 14 TRAV N 80 21 58 E 198.56 15 CDR PAR 2 RADIAL S 9 38 02 E DELTA 13 14 24 LT • RADIUS 100.09 TAN 11. 62 L-ARC . 23. 13 RADIAL S 22 52 26 E 15 CHORD N 73 44 46 E 23.08 200 SWCOREASE TAN@PT N 67 07 34 E 200 TRAV N 2 09 20 W 42. 11 201 NWCOREASE 201 - TRAV N 87 60 41 E - . - 12.00 - ' .&).6 NECOREASE 202 TRAV S 2 09 20 E 36.64 203 SECOREASE RADIAL S .30 25 42 E DELTA 7 33 16 RT RADIUS 100.09 TAN 6. 61 L-ARC 13.20 RADIAL S 22 52 26 E 200 203 CHORD S 63 20 56 W 13. 19 °Pli•QLM°ko ..5 ... itip, •rie, d ov "co cs,2- SWCOREASE TANOPT S 67 07 34 W RADIAL S 22 52 26 E * DELTA 13 14 24 RT RADIUS 100.09 o TAN 11.62 L-ARC 23. 13 ._.- - RADIAL S 9 38 02 E 200 CHORD S 73 44 46 W 23.08 15 COR PAR 2 TAN®PT S 80 21 58 W 15 TRAV S 80 21 58 W 198.56 14 COR PAR 2 14 TRAV N 0 23 16 W 331.32 13 COR PAR 2 - • - ------- - LAT & DEP -0.00217 0.00044 13 HCLOSE S 11 27 48 E 0.00 5138.35896 4710.55861 13 PREC = 1 TO 545838 Area = 474.05 eg ft 0.01088 ac 2010-379 REQUESTED BY AND EXHIBIT "C" WHEN RECORDED MAIL TO: CITY CLERK Grant of Easement CITY HALL 300 North"D"Street San Bernardino, CA 92418 APN:0141-402-06,39 SPACE ABOVE FOR RECORDER'S USE FEE EXEMPT PURSUANT TO GOV.CODE SECTION 27383 EASEMENT CPT/SC TITLE HOLDING CORPORATION,a California Corporation FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,hereby GRANTS to the CITY OF SAN BERNARDINO, a municipal corporation, AN EASEMENT FOR SIGN PURPOSES WITHIN EXHIBIT`A',TOGETHER WITH ALL ACCESS RIGHTS WITHIN EXHIBIT `B' IN,OVER,UNDER AND ACROSS the real property in the City of San Bernardino,County of San Bernardino,State of California,described as follows: LEGAL DESCRIPTIONS FOR SAID EXHIBITS "A" AND "B"ATTACHED HERETO AND MADE A PART HEREOF CPT/SC TITLE HOLDING CORPORATION,a California Corporation By: DATE: By: This is to certify that the interest in the real property ACKNOWLEDGEMENT OF GRANTOR(S): conveyed by the within instrument to the City of San Bernardino,California,a municipal corporation,is hereby STATE OF CALIFORNIA S.S. accepted by order of the City Council, and grantee COUNTY OF consents to the recordation thereof by its duly authorized officer. On before me, CITY OF SAN BERNARDINO Notary Public,personally appeared By: who proved to me on the basis of satisfactory evidence to be the person(s) whose City Clerk name(s) is/are subscribed to the within instrument and acknowledged to me that Date: 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 on behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature FOR NOTARY STAMP OR SEAL 201 0-379 EXHIBIT "A" LEGAL DESCRIPTION SIGN EASEMENT AREA ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NUMBER.8619,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED II4'BOOK 97 OF PARCEL MAPS,PAGES 81 THROUGH 82,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 2;THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 2,SOUTH 0°23'16" EAST 331.32 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 2;THENCE NORTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 2,NORTH 80°21'58"EAST 198.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100.09 FEET;.THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2,ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°14'24"A DISTANCE OF 23.13 FEET TO THE TRUE POINT OF BEGINNING,A RADIAL THROUGH SAID POINT BEARS SOUTH 22°52'26"EAST; THENCE LEAVING SAID SOUTHEASTERLY LINE,NORTH.2°09'20" • WEST 42.11 FEET;THENCE NORTH 87°50'41"EAST 12.00 FEET; THENCE SOUTH 2°09'20"EAST 36.64 FEET TO A POINT ON SAID SOUTHEASTERLY LINE OF SAID • PARCEL 2, SAID POINT BEGINNING ON SAID CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100.09 FEET; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE,ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°33'16"A DISTANCE OF 13.20 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS: 474.39 SQUARE FEET 0.011 ACRES MORE OR LESS ' PREPARED UNDER MY SUPERVISION: 6 4 X5\0 R. SG lv-'�V 2otV �.J�,S MF� � DOUGLAS R. MEL`CHIOR,P.L.S. 4611 DATE o LICENSE EXPIRES 9-30-2012 * o NO.4611 Exp 9-30• 1')' e OF CPO° 2010-379 EXHIBIT A- 1 SHEET I of 2 SHEETS LEGAL DESCRIPTION ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 8619, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CAUFORNIA, AS PER MAP RECORDED IN BOOK 97 OF PARCEL MAPS, PAGE 81 -THROUGH 82, IN THE OFFICE OF NE COUNTY RECORDER OF SAID COUNTY. LEGEND EASEMENTS POB = TRUE POINT OF BEGINNING . EASEMENTS PLOTTED HEREON PER FIRST TPOB = TRUE POINT OF BEGINNING AMERICAN TITLE INSURANCE COMPANY TITLE• (R) = RADIAL BEARING REPORT I NCS-120064—LA2 DATED DECEMBER 10, 2004. :INT.= ABUTTERS RIGHTS OF INGRESS AND Q EXISTING SOUTHERN CALIFORNIA EDISON EASEMENT EGRESS TO OR FROM FREEWAY ADJOINING REC. 6-14-1971 IN BOOK 7687,. PAGE 859 OR. LAND HAVE BEEN REUNGUISH€D PER DOC. PLOTTED HEREON REC. 2-5-1962 IN BOOK 5641,PAGE 312 OR. AND BOOK 5883, PAGE 546 RE. 4-4-1963, O.R. EXISTING VEHICULAR PARKING SPACES, PEDESTRIAN AND VEHICULAR INGRESS AND ACCESS EASEMENT REC. INDICATES SIGN EASEMENT 7-30-1985 AS DOC 1 85-183259 O.R. BLANKET IN NATURE 1/ AREA OF EASEMENT . 474.05 SQ FT. /BEING 0.011 ACRES PROPERTY OIMVER: CPT/SC TILE HOLDING CORPORATION A CALIFORNIA CORPORATION M iEPptr _Ai 1Q-20-2010 111E: HOSPITALITY LANE S R. 1V4EL* OR DAIS L� SIGN PARCEL KS 4611 f MELCHIOR LAND SURVEYING INC. � MUM; LAM SLIRMITIMIL INC 5731 PALMER WAY, SUITE G NO. 4611 o Witt PALMER WAY, SUITE 13 LS. 4611 CARLSBAD, CA 92010 '2 x'5 CARLSBAD, CALIFORNIA 92010 760-438-1728 (760) 431-1726 FAX (760) 438-8991 a DATE OF PREPARATION: 10/20/2010 JN 3231—ACEESS—ESMNT.DWG 2010-379 EXHIBIT A-2 SHEET 2 OF 2 SHEETS PUB HOSPITALITY LANE —N.W. CORNER \r". N 89.30'14" E — __._ OF PARCEL ( 1437 i1 �,� i a z I 1 —8 Ig nO \-°Gi N ° 1 4: o \, ,112 I e �bro\' ,47' - I I -4 \ O I z N 8930'14" E m Q 140.00 i c° *wlg 'P 4 A=73'28'21" ., 83'08'23' !! Q R=100.09' SIGN EASEMENT' 1=128.35' I SEE DETAIL I /�p=60'13'57' U I • X02" W(¢ 0 R=100.09'•II .,/,,, . ............ . ....... N 09 / L=105.22'. . 14 d, -* m 198.55 TPOB A� - SIGN EASEMENT DETAIL 0 0 iN 02'09 20 W 42.11 , , Q ic: SCALE 1"=20' •'1 N 87'50'40" E 36.64 LK M 02'09120' W 36.64' ® p_ = .13' S 2252'26" E(R) , A=6013'57° 0 R=100.09' ASSESSOR'S PARCEL NUMBERS; L=105.22' PRIOR TO LOT MERGER • TPOB PAR 2- 0141-402-39-0-000 ' Y. PORTION LOT 1- 0141-402-06-0-000 AP - ril' y. 10,2020.10 TITLE: HOSPITALITY LANE D ii I G. , R. CHWR DATE SIGN` PARCEL PLS 4611 �A ,4& RI s MELCHIOR LAND SURVEYING INC. o, 5731 PALMER WAY, SUITE G �. Na N9. 4611 5781=PALMER WAY, SUITE CI L.3. 4611 CARLSBAD, CA 92010 * '14&14 4 CARLSBAD, CALIFORNIA 92010 co 760-438-1726 t (700) 36-1720 FAX (700) 436-8441 i: ," f L DATE OF PREPARATION: 10-20/2010 JN 3231-ACESS-ESNINT.DWG 2010-379 ROM ANGLE DIST NORTH EAST TO ;IGN EASEMENT LOT CHECK MODE ENABLED .3 TRAV S 0 23 16 E 331.32 14 COR PAR 2 4 TRAV N 80 21 58 E 198.56 15 COR PAR 2 RADIAL S 9 38 02 E DELTA 13 14 24 LT RADIUS 100.09 TAN 11.62 L-ARC ' 23.13 RADIAL S 22 52 26 E 5 CHORD N 73 44 46 E 23.08 200 SWCOREASE TAN@PT N 67 07 34 E O0 TRAV N 2 09 20 W 42. 11 201 NWCOREASE 01 TRAV N 87 50 41 E 12.00 . • 202 . • . HECOREASE 02 TRAV S 2 09 20 E 36.64 . 203 SECOREASE RADIAL S 30 25 42 E DELTA 7 33 16 RT . . RADIUS 100.b9 • TAN 6.61 , L-ARC 13.20 RADIAL S 22 52 26 E . 03 CHORD S 63 20 56 W 13. 19 / 200 SWCOREASE TAN@PT S 67 07 34 W S RADIAL S 22 52 26 E k<W1:(% DELTA 13 14 24 RT 0 -so ni- ct- y 0 RADIUS 100.09 TAN 11.62 xpe-al-M- L-ARC 23. 13 RADIAL S 9 38 02 E lil, 45 00 CHORD S 73 44 46 W 23.08 ''' Or: c ;\C.X.) 15 COR PAR 2 TAN@PT S 80 21 58 W 5 TRAV S 80 21 58 W 198.56 14 COR PAR 2 4 TRAV N 0 23 16 W 331.32 13 COR PAR 2 LAT & DEP -0.00217 0:00044 3 HCLOSE 3 11 27 48 E 0.00 5138.35896 471455861.. . ..... 13 - - PREC = 1 TO 545838 Area = 474.05 sq ft 0.01088 ac . - .. _ 2010-379 EXHIBIT "B " ' LEGAL DESCRIPTION COMMERCIAL PARCEL (PARCEL A) ALL OF PARCEL 2 OF PARCEL MAP NUMBER 8619,IN THE CITY OF SAN . . BERNARDINO,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED IN.1100K 97 OF.PARCEL MAPS,PAGES 81 THROUGH 82,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,TOGETHER WITH ALL THAT PORTION OF LOT 1,BLOCK 54,RANCHO SAN BERNARDINO,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 7 OF MAPS,PAGE 2,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,TOGETHER DESCRIBED AS FOLLOWS; • BEGINNING AT.THE NORTHWESTERLY CORNER OF SAID PARCEL 2,SAID CORNER BEGIN THE TRUE POINT OF BEGINNING;THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 2,SOUTH 0023'16"EAST 33 1.32 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 2;THENCE NORTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 2,NORTH 80°21'58"EAST 198.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100.09 FEET;THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2,ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF ' . 73°28'21"A DISTANCE OF 12S.35 FEET;THENCE NON-TANGENT TO SAID CURVE, . NORTHEASTERLY ALONG THE EASTERLY LINE OF SAID PARCEL 2,NORTH 6°53'23" EAST 73.59 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 2;THENCE WESTERLY ALONG A NORTHERLY LINE OF SAID PARCEL 2,SOUTH 80°30'14"WEST , 140.00 FEET TO A POINT 50.00 FEET EASTERLY MEASURED AT RIGHT ANGLES FROM A EASTERLY LINE OF SAID PARCEL 2,SAID POINT BEING THE SOUTHEASTERLY CORNER OF THE WEST 50.00 FEET OF THAT PORTION OF SAID LOT 1 AS DESCRIBED IN THAT CERTAIN DEED RECORDED DECEMBER 18,2008 AS DOCUMENT NUMBER 2008-0558484 OF OFFICIAL RECORDS;THENCE LEAVING SAID - NORTHERLY LINE, ON A LINE NORTHWESTERLY,NORTH 0°26'54"WEST . . PARALLEL AND 50.00 FEET EASTERLY OF SAID EASTERLY LINE OF SAID PARCEL 2, SAID LINE BEING THE EASTERLY LINE OF SAID WEST 50.00 FEET OF SAID PORTION OF SAID LOT 1, 140.86 FEET TO THE NORTHEASTERLY CORNER OF SAID WEST 50.00 FEET OF SAID PORTION OF SAID LOT 1; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID WEST 50.00°FEET OF SAID PORTION OF SAID LOT 1 AND . THE NORTHERLY LINE OF SAID PARCEL 2, SOUTH 89°30'14"WEST 148.35 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS: 1,532 ACRES MORE 0 LESS • PRE' D ER MY SUPERVISION: Er e©(` NO 4611 DOUGLAS R4„.,...e.__ic___ CI OR, P.L.S.4611 DATE EXp.s�a t Zr LICENSE EXPIRES 9-30-2012 . 01- OF C PO 2010-379 EXHIBIT B- 1 SHEET I OF 2 SHEETS LEGAL DESCRIPTION. • ALL OF PARCEL 2 OF PARCEL MAP NO. 8619, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 97 OF PARCEL MAPS, PAGE 81 THROUGH 82,•1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH A PORTION OF LOT 1, BLOCK 54, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF.CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, IN THE OFFICE OF NE COUNTY RECORDER.OF SAID COUNTY. • EASEMENTS • EASEMENTS PLOTTED HEREON PER FIRST LEGEND AMERICAN 1111 INSURANCE COMPANY TITLE . , REPORT NCS-120064-LA2 DATED DECEMBER 10, 2004. TPOB = TRUE PANT OF BEGINNING . • Q EXISTING SOUTHERN CALIFORNIA EDISON EASEMENT - T ABUTTERS RIGHTS OF INGRESS AND. REC. 6-14-1971 IN BOOK 7687, PAGE 859 O.R. EGRESS TO OR FROM FREEWAY ADJOINING PLOTTED HEREON LAND HAVE BEEN RELiNGUISHED PER DOC. REC. 2--5-1962 IN BOOK 5641,PAGE'312 O.R. EXISTING VEHICULAR PARKING SPACES, PEDESTRIAN AND AND BOOK 5883, PAGE 546 RE. 4-4-1963, O.R. VEHICULAR INGRESS AND ACCESS EASEMENT REC. 7-30-1985 AS DOC f 85-183259 O.R. BLANKET IN NATURE INDICATES NON EXCLUSIVE ACCESS EASEMENT AREA PROPOSE) SIGN EASEMENT / / 66,752.74 SQ. FT. . / OR 1.532 .ACRES • PROPERTY OWNER: . CPT/SC TIME HOLDING CORPORATION • A CALIFORNIA CORPORATION 01 ` ► Ya . e° A 10-20-2010 TIRE: BO?PI ALIT'Y LANE DOUG R. u 2 G IOR DATE -04- L4/0 COMMERCIAL PARCEL (PARCEL A) PLS 4611 h 613 { MMELCHIOR LAND SURVE1fING INC. b 5731 PALMER WAY, SUITE G Nd: 4611 0791 PALTER WAY, SUITE Q L.8. 4011 CARLSBAD, CA 92010 * 41t CARLSBAD,.CALIFORNIA 92010 760-438-1726 IS> 07$0) 431-1730 FAX (150) 428-3991 DATE OF PREPARATION: 10, 2012010 JN 3231-ACESS-ESMN1.DWC 2010-379 EXHIBIT B-2 SHEET 2 OF 2 SHEETS HOSPITALITY LANE TPOe —N.W. CORNER N 8910114' E — _ _ PAR .8E619 , a 964 0 =o . Q4 \,0 I = p� \ g - �6 ` 1tie a °�i N 8910'14" E u., 'T' ::`‘.:':: 1-8 '063"- -.._ •0 L=73'2$'21' II (13 R=100.09' �' .t—s L=128.35' . .56 19a — . --- "II ti 4 tN RSTA1 ROa . STAB OF CAUf ORN�A ASSESSOR'S PARCEL NUMBERS; . 0141-402-39-0-000 • 0141-402-06-0-000 PROPERTY OWNER:, CPT/SC TITLE HOLDING CORPORATION A CALIFORNIA CORPORATION t • — ° �/1 10- 1 -2010 71111: $OSPITALITY LANE D,1� R. CHl®• DATE 01.LA% COMMERCIAL PARCEL (PARCEL A) Pis 4f�11 � ° • 'f % MELCHIOR LAND SURVEYING INC. IL 0 UMW= LAND SAIMInni INIC 5731 PALMER WAY, SUITE G V NO. 461 6781 PALMER WAY, SUITE t# L.S. 4811 CARLSBAD, CA 92010 ,f E'4`¢ CARLSBAD, CALIFORNIA 82010 760-438-1726 C700) 488-1724 FAX (760) 438-3191 9° , DATE OF PREPARA11ON 10/20/2010 -JN 323t-ACESS-- SMNT.DWG 2010-379 • • • • FROM ANGLE DIST NORTH • EAST LOT CHECK MODE ENABLED 13 TRAV S tO 23 16 E 331.32 COR PAR 14 TRAV N 80 21 58 - E 198.56 1 COR PAR • RADIAL S 9 38 02 E DELTA 73 28 21 LT • • RADIUS 100.09 TAN 74.70 L-ARC 128.35 RADIAL 5 83 06 23 E 15_ CHORD N 43 37 48 E. • 119.73 • 1' • • COR PAR ' . -TANF.TT 11 . . -6 53 -37 -E 17 TRAY N 6 53 23 E 73.59 it . • COR PAR : 10 TT:AV S 89 ao 14 W 140.00 • CO] 21 N 0 26 54 W 140.86 2( CO] 20 TRAV S 89 30 14 W 148.35 COR. PAR - - LAT & DEP 0.00042 -0.00465 ' 13 POSE N 84 49 52 W 0.00 5138.35896 4710.5061 1Z PRKO = 1 TO 248640 Area = 66752.74 sq ft 1.53243 ac 4LJAND : CCC)• txp.9-30' 1'1' 794s OF Cik0 • 2010-379 EXHIBIT "D" Memorandum of License Agreement THIS MEMORANDUM OF LICENSE AGREEMENT (the "Memorandum" is entered into and effective as of , 2010, at San Bernardino, California,by and between the CITY OF SAN BERNARDINO ("City"), and CPT/SC TITLE HOLDING CORPORATION ("Owner"), for the purpose of providing notice of the following matters: 1. Identification of Real Property. Owner is the owner of that real property situated in San Bernardino County, California, and identified as Parcel A in the legal description attached hereto as Exhibit"A" and incorporated herein by reference ("Parcel A"). 2. License Agreement. City and Owner have entered into a written License Agreement Between City of San Bernardino, CPT/SC Title Holding Corporation and Redevelopment Agency of the City of San Bernardino_Regarding Off-Site Electronic Message Center Freeway Sign for the Hospitality Business District dated as of 2010 (the"License Agreement"). The License Agreement contains covenants which run with the Real Property and affect the use of the Real Property, all as set forth in the License Agreement. Pursuant to the License Agreement and upon the occurrence of certain events, City shall be granted an exclusive right-of-way easement over that portion of Parcel A identified as the Sign Easement Area in the License Agreement. 3. Termination. The License Agreement expires twenty (20) years after its execution unless terminated sooner pursuant to the terms of the License Agreement. Upon the expiration or earlier termination of the License Agreement, the Owner of Parcel A has the unilateral right to execute, acknowledge and record a Notice of Memorandum Termination. Upon the recordation of the Notice of Memorandum Termination,this Memorandum shall be null and void and shall cease to impact the Real Property. 4. Interpretation. This Memorandum is solely for the purpose of providing notice of the forgoing matters.Nothing contained herein shall alter the terms and provisions of the License Agreement. 5. Warranty of Authority. Each person executing this Memorandum represents and warrants that he or she has full power and authority to do so that no other authorizations or approvals of any kind are necessary. IN WITNESS WHEREOF,the parties have executed this Memorandum as of the date of this Memorandum. "City" "Owner" The City of San Bernardino CPT/SC Title Holding Corporation By: Strategic Property Advisers, Inc. By Its Authorized Agent Its By Peter G. Aylward, Its President P:\Agendas\Agenda Attachments\Exhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined doe 2010-379 EXHIBIT "E" Notice of Memorandum Termination THIS NOTICE OF MEMORANDUM TERMINATION (the "Notice") is entered into and effective as of , at San Bernardino, California, by and between the CITY OF SAN BERNARDINO ("City"), and CPT/SC TITLE HOLDING CORPORATION ("Owner"), for the purpose of providing notice of the following matters: 1. Identification of Real Property. Owner is the owner of that real property situated in San Bernardino County, California, and identified as Parcel A in the legal description attached hereto as Exhibit"A" and incorporated herein by reference ("Parcel A"). 2. License Agreement. City and Owner have entered into a written License Agreement Between City of San Bernardino, CPT/SC Title Holding Corporation and Redevelopment Agency of the City of San Bernardino Regarding Off-Site Electronic Message Center Freeway Sign for the_Hospitality Business District dated as of , 2010 (the "License Agreement"). City and Owner executed a Memorandum of License Agreement which was recorded in the Office of the San Bernardino County Recorder on , as Document No. (the "Memorandum"). 3. Termination. The License Agreement has terminated. The License Agreement and the Memorandum are null and void and no longer impact the Real Properly. 4. Interpretation. This Termination of Memorandum is solely for the purpose of providing notice of the forgoing matters.Nothing contained herein shall alter the terms and provisions of the License Agreement. 5. Warranty of Authority. Each person executing this Memorandum represents and warrants that he or she has full power and authority to do so that no other authorizations or approvals of any kind are necessary. IN WITNESS WHEREOF, the Owner of Parcel A has executed this Memorandum as of the date of this Memorandum. "OWNER" CPT/SC Title Holding Corporation By: Strategic Property Advisers, Inc. Its Authorized Agent By Peter G. Aylward, Its President P:\Agendas\Agenda Attachments\Exhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc