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HomeMy WebLinkAboutR32- Economic Development CITY OF SAN BERN ARDINO ORIGINAL ECONOMIC DEVELOPMENT AGENCY FROM: Emil A.Marzullo SUBJECT: CPT/SC Title Holding Corporation Interim Executive Director Electronic Message Sign at Hospitality Lane and Waterman Avenue Adjacent to the I-10 Freeway DATE: November 10,2010 ------—------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Synopsis of Previous Commission/Council/Committee Action(s): On November 18, 2009, the City of San Bernardino Planning Commission Approved Conditional Use Permit No. 09-14, a request to construct a 75-foot high freeway oriented electronic message sign located on the north side of the 1-10 Freeway at 289 East Hospitality Lane on a 1.37-acre parcel. On October 7, 2010, Redevelopment Committee Members Johnson, Marquez and Brinker unanimously voted to recommend that the Community Development Commission consider this action for approval. Recommended Motion(s): (Mayor and Common Council) A: Resolution of the Mayor and Common Council of the City of San Bernardino approving a License Agreement for an off-site electronic message center freeway sign with the CPT/SC Title Holding Corporation for the Hospitality Business District and accepting an easement granted by CPT/SC Title Holding Corporation (Community Development Commission) B: Resolution of the Community Development Commission of the City of San Bernardino authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a three-party agreement by and among the City of San Bernardino,the Agency and CPT/SC Title Holding Corporation regarding an electronic message center sign at a 1.53 acre site on the south side of Hospitality Lane, west of Waterman Avenue (Southeast Industrial Park) Contact Person(s): John Oquendo Phone: (909)963-5016 Project Area(s): Southeast Industrial Park Ward(s): 3rd Supporting Data Attached: Rl Staff Report 0 Resolution(s)0 Policy/Agreement(s)/Contract(s)0 Map(s)❑Letter(s) FUNDING REQUIREMENTS: Amount: $ N/A Source: N/A Budget Authority: N/A Signature: 4/t Fiscal Review: �~ Emil A.Marzultb,-Jater0n Executive Director Lori P o-T 11 ,lnt i Financial Officer 1. Community Development Approval__ Terri Rahhal Depu Director/City Planner _ — ------------------------------------------------------- ------ -- - - Commission/Council Notes: � � o "5 2010 —.133 -1,;7 ------------------— —_------------------------------------------- — ------------------------------------------------------------------------------ P:\Agendas\CommDev Commission\CDC 2010\11-15-10 CPT-SC Agreement for Sign at Hospitality and Waterman Ave SR.docx COMMISSION MEETING AGENDA Meeting Date: 11/15/2010 Agenda Item Number: i 10.irA/nntreii4' hlpaAP 91 ECONOMIC DEVELOPMENT AGENCY CPT/SC TITLE HOLDING CORPORATION ELECTRONIC MESSAGE SIGN AT HOSPITALITY LANE AND WATERMAN AVENUE ADJACENT TO THE I-10 FREEWAY BACKGROUND: On September 21, 2009, the Mayor and Common Council approved Development Code Amendment (DCA) No. 09-01, an amendment to the sign regulations in Chapter 19.22 of the Development Code. One of the changes approved with DCA No. 09-01 was a provision in Section 19.22.080 for off-site electronic message center signage to be permitted for the Southeast Industrial Park redevelopment project area, which includes a portion of Hospitality Lane. On November 18, 2009, the City of San Bernardino Planning Commission approved Conditional Use Permit No. 09-14, which authorized the construction of a freeway oriented electronic message sign at 289 East Hospitality Lane, a 1.53-acre site formerly occupied by the Yamazato Restaurant located on the south west corner of Hospitality Lane and Waterman Avenue adjacent to the I-215. The State of California Business and Professions Code Section 5273 requires new freeway oriented electronic message signs located within a redevelopment project area intending to advertise the businesses and activities within the specified redevelopment project area, like the subject sign, obtain the written consent of the local redevelopment agency. Additionally,these regulations require the local redevelopment agency to submit to the California Department of Transportation(Caltrans) a map of the subject redevelopment project area and a list of the qualifying businesses and activities located within the redevelopment project area that may be advertised upon the proposed display. Under the City's regulations, City of San Bernardino Development Code Section 19.22.080(7), a License Agreement is required for the development of these signs which will set forth provisions for revenue sharing and advertisement of community oriented messages. CURRENT ISSUE: The Exhibit `B" of Resolution B shows the proposed sign, a double faced electronic message sign measuring 23 feet - 7 and 7/16 inches by 32 feet, and 75 feet in height. The project is located at 289 East Hospitality Lane (APN: 0141-402-39, & 06),the site of the Hilton Hotel parking improvements adjacent to the south west corner of Waterman Avenue and Hospitality Lane. The property is owned by CPT/SC Title Holding Corporation, and the applicant for the Conditional Use Permit is Quiel Bros.Electric Signs. Although the entitlement associated with the sign has been approved, the project proponents are required to enter into a License Agreement with the City, as stipulated by the Development Code and the project specific Conditions of Approval. The License Agreement has a term of 20 years, and provides for an easement to be granted to the City at the site of construction prior to commencement of the License Agreement, so the City may grant the property owner a license to access the site to construct and operate the sign. The License Agreement prohibits messages advertising adult entertainment, tobacco products or alcoholic beverages, except for events sponsored by companies that may be affiliated with alcoholic beverages. Additionally, CPT/SC Title Holding Corporations is requesting that the Agency grant its consent to construct the advertising display in accordance with the Outdoor Advertising Act (California Business and Professions Code, Division 3, Chapter 2) and Outdoor Advertising Regulations (California Code of Regulations, Title 4, Division 6). It is requested that the Mayor and Common Council approve the License Agreement and the Commission grant ---------------------------------------------------------------------------------------------------_-- ------------------------------------------------------------------------------ P:Wgendas\Comm Dev Commission\CDC 2010\11-15-10 CPT-SC Agreement for Sign at Hospitality and Waterman Ave SR.docx COMMISSION MEETING AGENDA Meeting Date: 10/18/2010 Agenda Item Number: 30�" Economic Development Agency Staff Report Proposed Economic Development Agency Policy—Freeway Signs Page 2 official consent and make the following findings and determinations pursuant to the Outdoor Advertising Act and Regulations on the following items which are exhibits to the Resolutions as noted: 1. Adopt Resolution A which approves "License Agreement Regarding Off-Site Electronic Message Center Freeway Sign for the Hospitality Business District," attached as Exhibit "D" (of Resolution B), and accepts the easement granted by the CPT/SC Title Company. 2. Adopt Resolution B which authorizes the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino to sign the three-party agreement with the City of San Bernardino and CPT/SC Title Holding Corporation titled "License Agreement Regarding Off- Site Electronic Message Center Freeway Sign for the Hospitality Business District," attached as Exhibit"D" (of Resolution B). 3. Describe for Caltrans, the precise boundaries of the Southeast Industrial Park Redevelopment Project Area attached as Exhibit "A" (of Resolution B) on the understanding that this redevelopment project area may be amended or merged with other redevelopment project areas by the Commission in the future. 4. Approve the document entitled, "Qualifying Businesses and Activities" to be undertaken pursuant to the Freeway Sign Licensing Agreement which identifies the eligible businesses and activities within the redevelopment project area boundaries and sets forth the criteria for the use of the freeway oriented electronic message sign attached as Exhibit `B" (of Resolution B), which may be amended periodically by further Commission action. 5. Approve the list of businesses and eligible activities that may advertise on the sign attached as Exhibit"C" (of Resolution B). ENVIRONMENTAL IMPACT: The proposed action is exempt from the provisions of the California Environmental Quality Act (CEQA), California Code of Regulations Title 14, Division 6, Chapter 3 Sections 15000-15387, pursuant to Section 15311 as the proposed action applies to the construction of new on-premise signs, a class of project determined to not have a significant effect on the environment. FISCAL IMPACT: The License Agreement provides a graduated schedule of revenue sharing, beginning at $3,000 per year and escalating gradually to $6,000 per year. The total revenue for the 20-year term of the License Agreement will be $97,000,to be deposited annually to a General Fund revenue account. ----------------------------------------------------—------------------------------------------------------------------------------------------------------------------------------------------------------- P:\Agendas\Comm Dev Commission\CDC 2010\1 1-15-10 CPT-SC Agreement for Sign at Hospitality and Waterman Ave SRdocx COMMISSION MEETING AGENDA Meeting Date: 11/15/200110 Agenda Item Number: �a Economic Development Agency Staff Report Proposed Economic Development Agency Policy—Freeway Signs Page 3 RECOMMENDATION: That the Mayor and Common Council and the Community Development Commission adopt the attached Resolutions. Emil A. Marzu lo, Interim Executive Director Terri Rahhal, Community Development Deputy Director/City Planner --------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- P:\Agendas\Comm Dev Commission\CDC 2010\11-15-10 CPT-SC Agreement for Sign at Hospitality and Waterman Ave SR.docx COMMISSION MEETING AGENDA Meeting Date: 11/15/2010 Agenda Item Number: ��� 01 RESOLUTION NO. C (O Dy 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 5 HOSPITALITY BUSINESS DISTRICT AND ACCEPTING AN EASEMENT GRANTED BY CPT/SC TITLE HOLDING CORPORATION 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY O 8 SAN BERNARDINO AS FOLLOWS: 9 10 SECTION 1. The City Manager is hereby authorized and directed to execute on behalf of 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, said 13 License Agreement being attached as Exhibit"I". 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 ]9 Ply• 20 SECTION 3. The authorization to execute the License Agreement shall be automatically 21 rescinded if the parties fail to execute it within sixty (60) days after the passage of this 22 Resolution. 23 /// 24 25 26 27 '8 CADocuments and Settingslhempeno\My Documents\CPT Freeway Sign-Hospitality and Waterman MCC Reso 11-15-1 O.docx RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 1 CITY OF SAN BERNARDINO APPROVING A LICENSE AGREEMENT 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 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a meeting thereof, held 8 on the day of , 2010, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT 9 10 MARQUEZ DESJARDINS I1 BRINKER 12 SHORETT 13 KELLEY 14 1s JOHNSON MC CAMMACK 16 i7 18 19 Rachel Clark, City Clerk 20 The foregoing Resolution is hereby approved this day of , 2010. 21 22 Patrick J. Morris, Mayor 23 City of San Bernardino 24 Approved as to Form: 25 JAMES F. PENMAN. 26 City Attorney 27 C 28 By: -2 CADocuments and Settings\hempeno\My Documents\CPT Freeway sign-Hospitality and Waterman MCC Reso 11-15-1O.docx i Exhibit "1" 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 I 8 9 10 11 1 12 13 1 14 i i 15 I 1 1 i6 17 I 18 1 1 19 i 20 S 21 22 23 24 25 26 27 28 -3 P.\Agendas\Resolutions\Resolutions\2010\11-15-10 CPT Freeway Sign-Hospitality and W atennan MCC Reso.docx 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:Wgendas\Agenda AnwhmentslExhibitst2010 111-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 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 " located on the Real Property constitutes a new On- Sections 5270 et seq., the Act the Si o p y 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 cornmercial 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 Propertv Matters. The Real Property consists of one legal parcel,Assessor Parcel Numberl 41-402-3 9, 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\1 1-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 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 parry without the express written consent of Owner, which consent may be withheld in Owner's sole and absolute discretion. 3 P 1Agendas\Agenda Attachments\ExhibiLS\.2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 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 lst and 15th day of each month. If however,the lit 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 PA\Agendas\Agenda Attachments\Exhibhs\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 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 asset 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 1 st and 15 th 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. r 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, OWN 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 CADocuments and Settings�Ioquendo\Local Settings\Temporary Internet Files\Content.Outlook\07J7B00F.\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 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\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 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. Attornevs' 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 PAAgendas\Agenda Attachments\Exhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 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. —1. 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 PA Agendas\Agenda At=hments\Exhibhs\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc OREMMIM 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: 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: w. 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:\Aeendas\Aeenda Attachments\Exhibits\2010\1 1-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 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 BCrOR 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 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 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 8.9°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 99030'14"WEST 148.35 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS; 1.532 ACRES MORE OR LESS LAND SG PREP D MESUPERVISION:r 0- o t4o.4611 k DOUGLAS R ME' CHIOR, P.L.S. 4611 DATE Exp LICENSE EXPIRES -30-2012 EXHIBIT A- 1 SHEET 1 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, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WTH 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 THE COUNTY RECORDER 'OF SAID COUNTY. EASEMENTS EASEMENTS PLOTTED HEREON PER FIRST LEGEND AMERICAN TITLE INSURANCE COMPANY TITLE REPORT i NCS-120064-LA2 DATED DECEMBER 10, 2004. TPOB = TRUE POINT OF BEGINNING Q EXISTING SOUTHERN CALIFORNIA EDISON EASEMENT 'Ctt= ABUTTERS RIGHTS OF INGRESS AND REC, 6-14-1:971 IN BOOK 7687, PAGE 859 O.R. EGRESS TO OR FROM FREEWAY ADJOINING PLOTTED HEREON LAND HAVE BEEN REUNGUISHED PER DOC. REC. 2-5-1962 IN BOOK 5641,PAGE 312 O.R. (Z) EXISTING VEHICULAR PARKING SPACES, PEDESTRIAN AND AND BOOK 5883, PAGE 546 RE. 4-4-1963, O.R.- VEHICULAR INGRESS AND ACCESS EA EJrT REC. 7-30-1985 AS DOC # 85-183259 O.R. BLANKET IN NATURE INDICATES NON EXCLUSIVE ACCESS EASEMENT AREA (Z) PROPOSED SIGN EASEMENT 66,752.74 SO. FT. OR 1.532 ACRES PROPERTY OMNER: CPT/SC TITLE HOLDING CORPORATION A CALIFORNIA CORPORATION ttDs_i�4_ 0-201 � , 0 HOS PITALITY LANE DOUGLAS R. M CHIOR DATE paa� �ANp COMMERCIAL PARCEL (PARCEL A) PLS 4611 MELCHIOR LAND SURVEYING INC, Y Lom 00 NO. 4611 O-� Sr wc 5731 PALMER WAY, SUITE G Epp 1-JQ-12 67'81 PALMER -WAY, SUITE G L.G. 4411 CARLSBAD, CA 92010 CARLSBAD, CALIFORNIA 92010 760-438-1726 {760) 405-1724 FAX 1760) 448-8991 DATE OF PREPARATION: 10/20/2010 SIN 3931-ACFSS-FSMNT.DW0 i - I EXHIBIT A-2 SHEET 2 of 2 SHEETS HOSPITALITY LANE TPOB N N.W. CORNER 8910`1 4° E — PARCEL 2 PM 8619 1 a N 89'30'14 E to N N 00 z �3'06.?3" W(R) II J � Q=73'28'21" ' R=100.09' L=128.38' .� itTE ND• 1fl lgy ERS t `� AUF(01A S�AjE ; ASSESSOR'S PARCEL NLu3ERS: 0141-402-394-000 0141-402-06-0-000 PROPERTY OWNER: CPT/SC TITLE HOLDING CORPORATION A CALIFORNIA CORPORATION "t)D'Tll E : gUSPI'1ALIT ' I,A1VE 10-20-2010 D 6LAS R. M CWIOR DATE COMMERCIAL PARCEL (PARCEL A) PL5 4611 MELCHIOR LAND SURVEYING INC. � � � • � WTI. 5731 PALlNER WAY, SUITE G NO. 46t1 o. 6781 PALMER WAY, SUITE 0 L.S. 4011 CARLSBAD, CA 92010 EqL 5-30-V ^-ARLSSAD, CALIFORNIA '08010 760-438-1726 80) 486-1786 FAX (780) 488-3891 Cpl,1 DATE OF PREPARAT]ON: 10 20 2010 .IN 3231-ACESS-ESMNT.DWG F R l i ANGLE D I ti T NORTH EAST LOT CHECK MODE ENABLED 13 TP.AV S ' -Q 23 16 E 331. 32 COE PAP 14 TRAY N 80 21 56 E 198. 56 COR PAR RADIAL S 9 35 02 E DELTA 73 28 21 LT RADIUS 100.08 TAN 74.70 L-AF:C 128.35 RADIAL S 83 05 23 E 15 Cli'=)RD N 43 37 48 E 119. 73 COR PAR _TA1l .r.T pi . ...F 5f3 17 TRAY N 6 53 23 E 7 5 j COO, PAR 10 TR V S 85 :30 14 W 140 , 00 Cl 21 mr,r:J 11 0 26 54 W 140. 86 20 TRAY 69 30 14 W 146. 35 COR PAR LAT & DEP 0.00042-------0.00465----- 13 1,74 84 49 52 W 0.GU 5138.35856 4710.55861 PREC = 1 TO 248640 Area = 66752.74 e,q ft 1.53243 ac LANDSU�� * a ^ F p 9-30 cp OF C 4 EKBIBIT "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 BERN ARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED N-BOOK 97 OF PARCEL MAPS,PAGES 81 THROUGH 82,-IN THE OFFICE OF THE COUNTY RECOFDER 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`2316" 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 NORTH'WEESTERLY 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 13 014'24"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 SOU'T'HWESTERLY 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 PREPARED UNDER MY SUPERVISION: LA R. s'PG DOUGLA 4. -LCHIOR, P.L.S, 4611 DATE o N0.4611 LICENSE EXYI' S''9-30-2012 N Exp.9-3D. fL F OF CA�� r EXHIBIT B- I SHEET t 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 BERNARDNO, 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 POB = TRUE POINT OF BEGINNING EASEMENTS PLOTTED HEREON PER FIRST TPOB = TRUE POINT OF BEGINNING AMERICAN TIRE INSURANCE COMPANY TITLE (R) = RADIAL BEARING REPORT f NCS-120064--LA2 bATEG DECEMBER 10, 2004. 'CSC= ABUTTERS RIGHTS OF INGRESS AND ri'\. nn"Nr -,i iTwcRN rm iFru NI-A m1SON cec��EN? EGRESS TO OR FROM FREEWAY ADJOINING REC. 6-14-1971 IN BOOK 7687, PAGE 859 O.R. LAND HAVE BEEN RELINGUISHED PER DOC. PLOTTED HEREON REC. 2-5-1962 IN BOOK 5641,PAGE 312 O.R. AND BOOK 5883, PAGE 546 RE. 4-4-1963, O.R. Q EXISTING VEHICULAR PARKING SPACES, PEDESTRIAN AND VEHICULAR INGRESS AND ACCESS EASEMENT REC. INDICATES SIGN EASEMENT 7-30-1985 AS DOC 185-193259 O.R. BLANKET IN NATURE AREA OF EASEMENT 474.05 SQ, FT. BEING 0.011 ACRES PROPERTY OMER: CPT/SC TITLE HOLDING CORPORATION A CALIFORNIA CORPORATION III - 10-20-2010 HOSPITALITY LANE DOUGLAS R. CHI DATE P� �ANp SIGN PaCbvL PL.S 4611 MELCHIOR LAND SURVEYING INC. m 0 N0 4fi11 0-1 . FC 5731 PALMER WAY, SUITE G x a 0 6T 8! PALMER WAIF, SUITE G L.S. 4041 CARLSBAD, CA 92010 CAR:LSBAD, CALIFORNIA 92010 760-438-1726 (7100) 426-1729 FAX (TOO) 486-3991 DATE OF PREPARAIION: 1,0/20 2010 JN 3231-ACESS-ESM'N7.DWG EXHIBIT -2 SHEET 2 OF 2 SHEETS POE HOSPITALITY LANE N.W. CORNER N 8930'14' E OF PARCEL 148.35' 1010. n z r m N 89'30`1.4" E r''' 140.00 Wo II N 83'U6'23' R R=100.09' -�..� w SIGNDEETAMEAT �128.35' ( - 6=6(M 3'578 R=100.09' vUi X140`~' L=105.22' -- 198.5'5 TP08 SIGN EASEMENT DET&L 1 a 1 N 02'09'20' W 4211' p=0733`1£" SCALE 1'=20' Q �� N 87'50'41" E 1200' R=3.209' L-13.20' N 02'09'20" W 36.64' p-13'14' 4' S 22'52'26' E(R) ©=60'13`57' R=100.09' ASSESSOR'S PARCEL NUMBERS: L=105.22' PRIOR TO LOT MERGER TPOB PAR 2- 0141402-394-000 Ap ED Y: PORTION LOT 1- 0141-402-06-0-000 TIC: C 10-202010 HOSPITALITY I.ME DOUGLAS R. MkCH[W DATE SIGN PARCEL PLS 4611 in N4ELCHIOR LAND SURVEYING INC. k rm ME-CHM LAW NO, 46:11 0 ' IC 5731 PALMER WAY, SUITE G � 57S1 PALMER WAY, SUITE 0 L 3. 44'11 CARLSBAD, CA 92010 CARLSRAD, CALIFORNIA 44010 760-438-1726 C740} 4'SS-1724 FAX (740) 4a4-8491 ^ DATE OF PREPARATION: 10-20/2010 JN 3231-ACESS-ESMNT.D'W1►G FROM ANGLE DIST NORTH EAST TO SIGN EASEMERT LOT CHECK MODE ENABLED 13 TRAV 3 G 23 16 E 331 . 3' 14 CDR PAR 2 14 TRAV N 60 21 5B E 198- 56 15 CDR PAR 2 RADIAL S 9 38 02 E DELTA 13 14 24 LT RADIUS 100.09 TAM 11 . 62 L-ARC 23. 13 RADIAL S 22 532 26 E 15 CHORD N 73 44 46 E 23. 06 200 SWCOREASE TANGPT N 67 07 34 E 200 TRAV N 2 09 20 w 42. 11 201 NWCOREA w,E 201 TRAV N 87 50 41 &.. •1,2.00 NECOREASE 202 TRAV S 2 09 20 E 36.64 203 0 SECUREASE RADIAL S �30 2v 42 E DELTA 7 33 16 RT RADIUS 100.09 TAN 6. 61 L-ARC 13.2^ RADIAL S 22 52 26 E �gNp1- LA a s 2 UC 203 CHORD S 63 20 56 W 13. 19 R. SWCOREASE TAN @PT S 67 07 34 W Q c °a RADIAL S 22 52 26 E * n 0. DELTA 13 14 24 RT 9. D t \ RADIUS, 100.09 TAN 11.62 L-ARC 23. 13 OF CAS\�O RADIAL S 9 38 02 E 200 CHORD S 73 44 46 W 2.'3.08 15 CDR PAR. 2 TAN @PT S 80 21 56 W 15 TRAV S 80 21 56 W 198 . 56 14 CDR FAR 2 14 TRAV N U 23 16 W al31.32 13 CUR PAR 2 LAT Sr. DEP 0.00217 0,00044 13 HCLOSE S 11 27 46 E 0. 00 5138 . 35896 4710. 55861 13 PREC = 1 TO 545838 Area = 474.05 sq. ft 0.01088 ac c i i REQUESTED BY AND EXHIBIT "C" WHEN RECORDED MAIL TO: TTY CLERK Grant of Easement FY HALL 00 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 'i CPT/SC TITLE HOLDING CORPORATION, a California Corporation l i d By: d ATE: 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 EXIUBIT "A''' LEGAL DESCRIPTION SIGN EASEMENT AREA ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NUMBER 8619,IN THE CITY OF SAN B:ERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.,AS PER MAP RECORDED IN'BOOK 97 OF PARCEL MAPS,PAGES 81 THROUGH 82,IN THE OFFICE OF THE COUNTY RECOFDER 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,SOUT�I 0023'16" 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 NORTHWES'T'ERLY 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 13 014'24"A DISTANCE OF 23.13 FEET TO'TIIE TRUE POINT OF BEGINNING,ARADIAL THROUGH SAID POINT BEARS SOU'T'H 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 2 009'20" 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 SOLTTFT.EISSTLP.LY LIME,ALO?,:� SAID CURS; TI nLtr�W A CENTRAL r e�.tCTT F.or 7 033'16"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: co f o-2U- ZOtU DOUGLAS R. NIE CHIOR, P.L.S. 4611 DATE a o n 46 LICENSE EXPIRES 9-30-2012 11 * E N0.xp 646 ( � QF C.AL� EXHIBIT A- 1 SHEET i OF 2 SHEETS F 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 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 POB = TRUE POINT OF BEGINNING EASEMENTS PLOTTED HEREON PER FRST TPOB = TRUE POINT OF BEGINNING AMERICAN TITLE INSURANCE COMr ANY TITLE (R) = RADIAL BEARING REPORT I NCS-120064--LA2 DATED DECEMBER 10, 2004. � ABUTTERS R19I7, OF INGRESS AND (D EXISTING SOUTHERN 'CALIFORNIA EDISON EASEMENT EGRESS TO OR FROM FREEWAY ADJOINING REC. 6-14-1971 IN BOOK 7687, PAGE 859 O.R. LAND HAVE BEEN RELINGUISHED PER DOC. PLO T-itu FIEREjry REC. 2-5-1961 IN BOOK 5641,"PAGE 312 U.R. Q) EXISTING VEHICULAR PARKING SPACES, PEDESTRIAN AND AND BOOK 5883, PAGE 546 RE 4-4-1963, O.R. VEHICULAR INGRESS AND ACCESS EASEMENT REC. INDICATES SIGN EASEMENT 7-30-1°985 AS DOC # 85-183259 Q.R. AREA OF EASEMENT BLANKET IN NATURE 474.05 SO. F7. BEING 0.011 ACRES PROPERTY OMER: CPT/SC 71LE HOLDING CORPORATION A CALIFORNIA CORPORATION M P EP. B TFT1.E: 10-20-2010 H�JSPIT�TI' LNE D GLAS R. MEL 1OR DATE P� pwp SIGN PARCEL PLS 4611 ~ s MELCHOR LAND SURVEYING INC. ME.-am LAW MWWM a;o NQ. 4811 0 { W 5731 PALMER WAY, SUITE G a 1-m-12 11 5721 PALMER WAY, SUITE G L.S. 4811 CARLSBAD, CA 92010 �. � CARLSBAD, CALIFORNIA 0'2010 760-438-1726 (760) 488-1726 FAX (700) 428-2001 q , DATE OF PREPARA11ON: 10 JN 3231-ACESS-ESMNT.DWG EXHIBIT A—2 SHEET 2 OF 2 SHEETS POB HOSPITALITY LANE —N.W, CORNER N 89'30'1_4' OF PARCEL 19.35 1 00' a + z F I �o �"� Z L_._ N 89'30'14" E �' 4 Lod �, 140.00 qI � R=100.0921M z N-8306'23• 4 w SIGNETMENT �128.35' d=5013'57' R=100.09' L=105.22'. 8 O'21158" E — m 198.56 TPOB �t rn AT n r arm ' +J1 CA SSA 't�IEA 1 DETAIL 0 � '•, ' 1 N 02'09'20' W 42.11' .=0733,16" SCALE.1"=20' L` N 87'50'41" E 12.00' R=100.09 c' - L=13.20' N 02'09'20" W 36.64' _Of3 S 22'5226" E(R) \ Lt=60'13'57" R=100.09' ASSESSOR'S PARCEL NUMBERS, PRIOR TO LOT MERGER TPOB PAR 2- 9141-402-39-0-000 AP ED AYI. PORTION LOT 1- 0141-402-06-0-000 10-202010 TITE.E; HOSPITALITY LANE D GLAS R. KLCHIOR DATE SIGN PARCEL PLS 4611 MEELCHIOR LAND SURVEYING INC. vc 5731 PALMER WAY, SUITE G LAND SLUMM o` N0. 4611 0"� 578.1 PALMER WAY, SUITE G L.S. 4611 CARLSBAD, CA 92010 � � lF3Q-2 CARLSB�AD, CALIFORNIA 92010 760438-1726 �9 e- (760) 446-1726 FAX (700) 486-8991 qF DATE OF PREPARA*noN: to-20 polo JN 3231—ACESS—ESMNT.DWG i 'RCM ARGLE DI ST NORTH EAST TC' IGN EASEMENT LOT CHECK MODE ENABLED 3 TRAV S 0 '2 3 16 E 331.32 14 COR PAR 2 4 TRAV t? 80 21 58 E 198.56 15 CDR PAI? 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 26u E .5 CHORD N 73 44 46 E 23. 08 204 SWCOREASE TAN@PT N 67 07 34 E ;00 TRAV N 2 09 20 w 42'. 11 201 h1WC,0REA SE 01 TRAY N 87 5U 41 E 12 0 zu:: NECGREASE TRAV S 2 09 20 E 36. 64 203 SECOREASE RADIAL S 30 25 42 E DELTA 7 33 16 nT RADIUS 100.t19 TAN 6.61 L-ARC 13.20 RADIAL S 22 52 26 E 03 CHORD 5 63 20 56 W 13. 19 200 SWCOREASE TANCtPT S 67 07 34 W �S�ONN RADIAL S 22' 52 26 E DELTA 13 14 24 RT oy o RADIUS 100.09 o N x TAN 11.62 XP.9-30-(L. L-ARC 23.13 RADIAL S 9 38 02 E 9�r C�0 CHORD S 73 44 46 W 2'3. 0£� t)� ,•;,;ti- � 15 :FOR PAR TAN@PT S 80 21 58 vi 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 U-.00044 3 H'CLGSE S 11 27 48 E 0. 00 5138.3589E 4.71.()-:55861 -13 PREC = 1 TO 545838 Area = 474.05 sq. ft 0.01088 ac i . . EXHIBIT "B " LEGAL DESCRIPTION COMMERCIAL PARCEL (PARCEL A) ALL OF PARCEL 2 OF PARCEL MAP NUMBER 8619,IN THE CITY OF SAN BERNARDINO, COUNTY O:F SAN BERNARDINO., STATE OF CALIFORNIA,AS PER MAP RECORDED IN IOO°K.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, S'L'ATE 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 SOU'T'HERLY ALONG THE WESTERLY LINE OF SAIDPARCEL 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 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 73 028'21"A DISTANCE OF 128.35 FEET; THENCE NON-TANGENT TO SAID CURVE, NORTHEASTERLY ALONG THE EASTERLY LINE OF SAID PARCEL 2,NORTH 6 053'23" EAST 73.59 FEET TO 1v1OST EASTERLY CORINTER OF SAM PAYCEL 2;THENCE WESTERLY ALONG A.NORTHERLY LINE OF SAID PARCEL 2,SOUTH 89 030'14"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 SOU'T'HEASTERLY 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 200-8-0558484 OF OFFICIAL RECORDS;THENCE LEAVING SAID NORTHERLY LINE, ON ALINE NORTHWESTERLY;NORTH 0026'54" 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 LIFE OF SAID WEST 50.00 FEET OF SAID PORTION OF SAID LOT 1 AND THE NORTHERLY LINE OF SAID PARCEL 2, SOUTH 89030'14"WEST 148.35 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CON,TAFNS: 1.532 ACRES MORE OR LESS \0 'AJ�D SG . PRE D ER MY SUPERVISION: - GU "lc3 ?Gl C! �k a N0.4 611 DOUGLAS R. C_M R, P.L.S. 4611 DATE EXP. Q LICENSE EXPIRES 9-30-2012 q, i EXHIBIT B- 1 SHEET t 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,`4N 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 OFI=ICE OF THE COUNTY RECORDER .OF SAID COUNTY. EASEMENTS EASEMENTS PLOTTED HEREON PER FIRST LEGEND AMERICAN TITLE INSURANCE COMPANY TITLE REPORT # NCS-120064-LA2 DATED DECEMBER 10, 2004. 708 = TRUE POINT OF BEGINNING EXISTING SOUTHERN CALIFORNIA EDISON EASEMENT .7�= ABUTTERS RIGHTS OF INGRESS AND, REC. 6-4-1971 IN BOOK 7687, PAGE 659 O.R. EGRESS TO OR FROM FREEWAY ADJOINING PLOTTED HEREON LAND HAVE BEEN REiNGUISHED PER DX. REC, 2-5-1952 IN BOOK 5641,PAGE'312 Q.R. EXISTING VEHICULAR PARKING SPACES, PEDESTRIAN AND AND BOOK 5883, PAGE 546 RE. 4-4-1963, O.R. 1 VE-HLCtU AR INGRESS AND ACCESS CASEMENT REC. 7-30-1985 AS DOC # 85-183259 O.R. BLANKET IN NATURE INDICATES NON EXCLUSIVE ACCESS EASEMENT AREA Q PROPOSED SIGN EASEMENT 66,752.74 SQ. FT. OR 1.532 ACRES PROPERTY OWNER: CPT/SC TITLE HOLDING CORPORATION A CALIFORNIA CORPORATION 10-20-20]0 � 71 7LE: HOSPITALITY UNE DOUGLAS R. M CHIOR DATE COWERCIAL PARCEL (PARCEL A) PLS 4611 MELCHIOR LAND SURVEYING INC. k ti j � ic 5731 PALMER WAY, SUITE G LAW No. 461I a o 6781 PALMER. WAY, SUITE 0 L.S. 4411 CARLSBAD, CA 92010 * 6p.X70-12 CARLSBAD, .CALIFORNIA 92010 760-438-1726 (780) -43 -1726 FAX (740) 488-8901 _ DATE OF PREPARATION: 10/20/2010 J'N 3231-ACESS-£SMNT.DWC EXHIBIT B-2 SHEET 2 OF 2 SHEETS T's HOSPI'TAUTY LANE TPOO —N.W. CORNER N 89'30'14" E PARCEL 2 PIS 8619 1' a Z r L N 89'30'14 E m 4 W .O I w 00 z 3116'23` { R if Q-73'28 21 ( rrr��� R=100.09' L=128.35' c,raI F NO. 1d t�t�RS�tA�t ��FORN�A SSA OF ASSESSOR'S PARCEL NUMBERS: 0141--402-39-0-000 0141-402-06-0-000 PROPERTY OWNER: CPT/SC TITLE HOLDING CORPORATION A CALIFORNIA CORPORATION P Y- TITLE: 10- -2010 $QSPITALI ' LANE D S R. ELCIiI DATE `opt Lahr CO�W�ERCM PARCEL (PARCEL A) PLS 4611 ��,v �P MELCHIOR LAND SURVEYING INC. a N0. 4611 a w , /c 5731 PALMER WAY, SUITE G C b731 PALMER WAY, SUITE 0 L.S. 4911 CARL.SBAD, CA 92010 CARLSBAD, CALIFORNIA 92010 750-438-1726 (760) 438-1726 FAX (760) 456-3901 q qC DATE OF PREPARATION: 10/20 2010 JN 3231-ACESS-ESMNT.D'WG FROM ANGLE DIST NORTH EAST T LOT CHECK MODE ENABLED 13 TRAV S -0 23 16 E 331.32 1 "'OR PAP. 14 TRAV N 80 21 58 - E 198.56 1 CDR PAR FADIA L S 9 38 02 E DELTA 73 26 21 LT RAiDIUS 100,09 TA1•1 74.70 L-ARC 123.35 RADIAL S 83 06 23 E 15. CHORD N 43 37 48 E 119.73 - 1' CDR PAR ' 17 Ti-Av7 N 6 53 23 E 73.59 li COE PAR 10 T7:!',V S. 69 '30 14 W 140.00 2. �`� �y CO) t^ 1 an .^.77 N 0 26 54 1R 140.86 2( COl Co TRAV S 89 30 14 w 148.35 1; COR, PAR, t LAT DEP -0.00042 -0.00465--�--- 13 E : .,ISE N 84 49 52 W 0.00 5136.35896 4710.55.861 1; 1 TO 248640 Area = 66752. 74 eq ft 1.53243 ac: LAND SU gxp.H--30• �l.V Q 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 Tern ; ation.Upon the recordation of the Notice of Memorand,,zm 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. Warrantv 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'Weendas\Agenda Attachments\Exhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SE Combined.doc 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 1 RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF I,I THE CITY OF SAN BERNARDINO AUTHORIZING THE INTERIM 3 EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE 4 CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A THREE- PARTY AGREEMENT BY AND AMONG THE CITY OF SAN BERNARDINO, 5 THE AGENCY AND CPT/SC TITLE HOLDING CORPORATION REGARDING AN ELECTRONIC MESSAGE SIGN AT A 1.53 ACRE SITE ON 6 THE SOUTH SIDE OF HOSPITALITY LANE, WEST OF WATERMAN 7 AVENUE (SOUTHEAST INDUSTRIAL PARK) 8 WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the 9 Redevelopment Plan (the "Redevelopment Plan") for the Southeast Industrial Park Redevelopment 10 Project Area (the "Project Area"), which was adopted by the Agency's legislative body, the San 11 Bernardino City Council (the "City Council"), by Ordinance No. 3583 on June 21, 1976; and 12 WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation 13 and a charter City duly created and existing pursuant to the Constitution and the laws of the State of 14 California; and 15 WHEREAS, the Community Development Commission of the City of San Bernardino (the 16 "Commission") acting on behalf of the Redevelopment Agency of the City of San Bernardino (the 17 "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of 18 California, organized and existing pursuant to the Community Redevelopment Law (Part 1 of 19 Division 24 commencing with Section 33000) of the Health and Safety Code of the State of 20 California(the "Act"); and 21 WHEREAS, the State of California Business & Professions Code Section 5273 allows 22 advertising displays to advertise those businesses and activities developed within the boundaries of, 23 and a part of, an individual redevelopment project area to be considered to be on the premises 24 anywhere within the limits of that redevelopment project area when all of the land is contiguous or 25 is separated only by a public highway or public facilities developed or relocated for inclusion within 26 the redevelopment project area as a part of the original redevelopment plan for a period not to Q., 27 exceed 10 years or the completion of the project, whichever occurs first, with the consent of the 28 redevelopment agency governing the redevelopment project area; and 1 P:\Agendas\Resolutions\Resolutions\2010\11-15-10 CPT Freeway Sign-Hospitality&Waterman CDC Reso.doc i I WHEREAS, regulations promulgated pursuant to said Business & Professions Code Section 2 5273 requires the Agency to certify that the display is within the boundary of a redevelopment 3 project area and such display will only advertise businesses and activities within the redevelopment 4 project where the advertising display is located; and 5 WHEREAS, the City has previously approved certain entitlements to allow for the 6 placement of an electronic freeway advertising sign located at 289 East Hospitality Lane, a 1.53- 7 acre site located on the south west corner of Hospitality Lane and Waterman Avenue adjacent to the 8 I-215 Freeway; and 9 WHEREAS, the Commission, by the adoption of this Resolution seeks to (i) describe for the 10 California Department of Transportation ("Caltrans") the precise boundaries of the Southeast 11 Industrial Park Redevelopment Project Area as set forth on the maps as attached hereto as Exhibit 12 "A", (ii) approve the definition of qualifying businesses and activities in the Southeast Industrial 13 Park Redevelopment Project Area that may seek to advertise on the advertising display attached 14 hereto as Exhibit "B" and as may be amended from time-to-time by further actions of this 15 Commission or clarified as further set forth therein, and (iii) approve the list of businesses and 16 activities that are herein approved by the Commission to be advertised on the off-site freeway 17 advertising sign as said list is currently attached hereto as Exhibit"C"; and 18 WHEREAS, the Outdoor Advertising Act (the "Act," California Business and Professions 19 Code, Division 3, Chapter 2) and Outdoor Advertising Regulations (the "Regulations," California 20 Code of Regulations, Title 4, Division 6) control Electronic Message Signs visible from the 21 freeway system; and 22 WHEREAS, Section 2244 of the Regulations provides that a new sign within a 23 redevelopment project area may be considered an on-premise display when the local 24 redevelopment agency certifies to the California Department of Transportation("Caltrans") that the 25 sign display is restricted to displaying only businesses and activities within the redevelopment 26 project area in which it is located; and 27 WHEREAS, the applicable City regulations for new Freeway Oriented Electronic Message 28 Signs are located in Section 19.22.080(7) of the City of San Bernardino Development Code; and 2 P:Wgendas\Resolutions\Resolutions\2010\11-15-10 CPT Freeway Sign-Hospitality&Waterman CDC Reso.doc I WHEREAS, the License Agreement titled "License Agreement between the City of San 2 Bernardino, CPT/SC Title Holding Corporation and the Redevelopment Agency of the City of San 3 Bernardino regarding Off-Site Electronic Message Center Freeway Sign for the Hospitality Business 4 District" is attached hereto as Exhibit"D". 5 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 6 CITY OF SAN BERNARDINO DOES HEREBY FIND AND DETERMINE, AS FOLLOWS: 7 Section 1. The Commission hereby finds and determines that the recitals as set forth 8 above are accurate and correct in all respects. 9 Section 2. The Commission hereby approves and certifies the maps as attached hereto as 10 Exhibit "A" which when reviewed collectively, represent the Southeast Industrial Park 11 Redevelopment Project Area that is applicable to the off-site freeway advertising sign pursuant to 12 the Freeway Sign Licensing Agreement. To the extent that the Mayor and Common Council amend 13 the applicable Southeast Industrial Park Redevelopment Project Area in the future to include 14 additional territory, or to merge other redevelopment project areas with that of the current 15 boundaries of the Southeast Industrial Park Redevelopment Project Area, such maps as attached to 16 this Resolution shall be deemed to be automatically amended to include any and all such additional 17 territories. 18 Section 3. The Commission hereby authorizes delivery of written consent to Caltrans by 19 the Interim Executive Director of the Agency. 20 Section 4. The Commission hereby approves the document attached hereto as Exhibit 21 `B" and titled "Qualifying Businesses and Activities to be Undertaken Pursuant to the Freeway Sign 22 Licensing Agreement" which sets forth the criteria for the use of the off-site freeway advertising 23 sign pursuant to the "License Agreement between the City of San Bernardino, CPT/SC Title 24 Holding Corporation and the Redevelopment Agency of the City of San Bernardino regarding Off- 25 Site Electronic Message Center Freeway Sign for the Hospitality Business District." Such 26 document as attached hereto as Exhibit `B" may be amended from time-to-time by the official 27 action of the Commission together with such clarifications and interpretations as further described 28 therein. Upon each amendment to said Exhibit`B", Agency staff shall transmit a copy of each such 3 P:\Agendas\Resolutions\Resolutions\2010\11-15-10 CPT Freeway Sign-Hospitality&Waterman CDC Reso.doc i I amendment thereto to Caltrans for informational purposes and to ensure compliance with the 2 Agency consent. 3 Section 5. The Commission hereby approves the document attached hereto as Exhibit 4 "C" and titled "List of Businesses and Eligible Activities for Advertising on the Off-Site Freeway 5 Sign" which sets forth the precise company name and business entity and/or activity that is intended 6 to utilize the off-site freeway advertising sign pursuant to the Freeway Sign Licensing Agreement 7 and this Resolution. Such document as attached hereto as Exhibit "C" may be amended form time- 8 to-time by the written approval of the Chairperson of the Agency and the Executive Director of the 9 Agency without the requirement for any further approval or ratification of such amendments to said 10 Exhibit"C" by this Commission. 11 Section 6. Nothing contained in this Resolution shall prevent the Commission from 12 acting in the future at its sole and absolute discretion to amend, modify or rescind this Resolution, in 13 whole or in part, in any manner and to alter, amend or delete any of the Exhibits as attached hereto. 14 Upon the taking of any such actions by the Commission as provided in this Section 6, the Executive ,*so 15 Director of the Agency shall cause to be dispatched to Caltrans and the parties to the Freeway Sign 16 Licensing Agreement certified copies of all such subsequent official actions of the Commission with 17 respect to this Resolution. 18 Section 7. The Commission approves and authorizes the Interim Executive Director of 19 the Agency or designee are authorized to execute the three-party agreement titled "License 20 Agreement between the City of San Bernardino, CPT/SC Title Holding Corporation and the 21 Redevelopment Agency of the City of San Bernardino regarding Off-Site Electronic Message 22 Center Freeway Sign for the Hospitality Business District," attached hereto as Exhibit "D" with the 23 City of San Bernardino and CPT/SC Title Holding Corporation and any other documents or forms 24 as may be required by Caltrans with respect to this approval by the Commission of the off-site 25 freeway advertising sign. 26 Section 8. This Resolution shall take effect from and after its date of adoption by this 27 Commission and shall remain in full force and effect until amended, modified or rescinded by 28 subsequent actions of the Commission. 4 P:\Agendas\Resolutions\Resolutions\2010\11-15-10 CPT Freeway Sign-Hospitality&Waterman CDC Reso.doc i II I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE INTERIM 2 EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE 3 CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A THREE- PARTY AGREEMENT BY AND AMONG THE CITY OF SAN BERNARDINO, 4 THE AGENCY AND CPT/SC TITLE HOLDING CORPORATION REGARDING AN ELECTRONIC MESSAGE SIGN AT A 1.53 ACRE SITE ON 5 THE SOUTH SIDE OF HOSPITALITY LANE, WEST OF WATERMAN 6 AVENUE (SOUTHEAST INDUSTRIAL PARK) 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a meeting 9 thereof, held on the day of , 2010,by the following vote to wit: 10 Commission Members: Ayes Nays Abstain Absent 11 MARQUEZ 12 DES JARDINS 13 BRINKER 14 SHORETT 15 KELLEY 16 JOHNSON 17 MC CAMMACK 18 19 Secretary 20 21 The foregoing Resolution is hereby approved this day of , 2010. 22 23 Patrick J. Morris, Chairperson Community Development Commission 24 of the City of San Bernardino 25 Approved as to Fo 26 By: Agenc�ydo6sel 27 28 5 P:\Agendas\Resol utions\Resolutions\2010\11-15-10 CPT Freeway Sign-Hospitality&Waterman CDC Reso.doc I Exhibit"A" 2 Redevelopment Project Area Maps 3 (Southeast Industrial Park Redevelopment Project Area) 4 i 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 P:Weendas\Resolutions\Resolutions\2010\11-15-10 CPT Freeway Sign-Hospitality&Waterman CDC Reso.doc 3/1 d M 31n 3/IH M3 L r■�■��rrr�rr�■� W �'■"•r�l'�fIOW. �M��rr�� � i, w c IL d v � o "a g ry W o� }I ti p rN350L HO rdS W WJ3 ? (� n W i y N3003NSM � ++ Q) •�` 01 I (- O _ 1NIWS rf. 11 LL Z OS02J#1HJIZl� Y 1 ,::_ LU ., �. p - iL—: 1. 6 fit:. a .ormd a ■ _ z !l 10 cc I�lu rr Ill . - jj'��-- l . 1) 1.i.t'�4} > t .._. 3aaa3d 11 f0 1-0 +J { 3nV'3 NV83dd11 't _ ■1 t i o� ►L > r 3015ANNOS r � I Y . !! i I4 �- U 301SANNns s p •� f LLEVE NGER y! �, 30 r9 S •, .. - -._ ' .__- } blalOJ •I = W ._�� {, 2 .. �� mil •\. � ,. Q. ; t, VILT ORI P' Lai I d- Q _ Ll oaf `O J Uf u2 {�r t �1I 1 1,... i I sisitas -� .. �,.t � 13Ww3 �•�� � � � L / 7F!#111#'sF�15R:a !0 R lu lt.. ,3nV-M31J1^A3'1'7Vn t� ,-'.�U' !�_.._... rlSUar uH - 111 �i C, .. .. 0H 1 fi o T ' I I� .., Q a k cc it MITT{ a rsioi.l 1ra41;L? i tllt.� ! � w � _ a _ ij I l,'f .. - Nf1 l+dM■■s■rrN■�■■■�■■r.n,•n _-...xvwaai MM`^°,.>.. ti ! I I ! ( � z wba' ' a `r1 TER (} ��J„ Q 1• 1'�6-IVfitS 2 '�- Nanr I IfY t wr 11 �► t t'-J �t� 4 j t � • 2 %X nn�f,�1 F 60 NOlON/RSVM FL / .�L4 II •l' �91'I'"IJ ••, 'tl Lu 11 ENTER d if Y;I; m'r Q r' UiU I•" vilbals la IANlw N u siNnN NFLSIiItl/lH�r■raa�■ 1S3MNns '� vT � � Q j. _"{�i?.'¢ 4 r ! A OLIN W dh,A� 7a tea, t`'i W • i 1 Exhibit«B„ 2 Qualifying Businesses and Activities to be Undertaken Pursuant to the 3 Freeway Sign Licensing Agreement 4 I. Eligible Businesses in the Southeast Industrial Park Redevelopment Project Area: 5 Eligible businesses include all businesses that have their principal place of business within 6 the Southeast Industrial Park Redevelopment Project Area as shown on the records of the City Clerk 7 of the City for Business Registration Certification and Licensing purposes. The Agency shall 8 undertake to provide such a list to Caltrans immediately upon the adoption of the attached approving 9 Resolution and thereafter as changes are deemed necessary based upon information supplied by the 10 City Clerk. 11 II. Eligible Activities in the Southeast Industrial Redevelopment Project Area: 12 Eligible activities within the Southeast Industrial Park Redevelopment Project Area include, 13 but are not limited to, the following types of activities: promotional events of community based non- 14 profit organizations, civic associations, unincorporated associations and non-profit service providers 15 (including health care, housing and medical services); promotional events of any governmental 16 entity that includes all or any portion of the Southeast Industrial Park Redevelopment Project Area 17 within its territorial jurisdiction; promotional activities of the Agency and the City for any of their 18 officially designated redevelopment projects, programs and activities on a City-wide basis; 19 promotion of events, concerts and programs with respect to any real property owned or leased by the 20 Agency and the City regardless of location or proximity to the Southeast Industrial Park 21 Redevelopment Project Area; promotion by the Agency of any development or redevelopment 22 project that is currently under negotiation or has a final executed agreement with the Agency for any 23 form of redevelopment assistance; and advertisement by the Agency of any Agency owned 24 25 properties for lease, sale or use by members of the general public. III.Further Amendments to Determine Eligible Businesses and Activities: 26 The Chairperson and the Executive Director may interpret or clarify any provision of this 27 28 "Qualifying Businesses and Activities to be Undertaken Pursuant to the Freeway Sign Licensing Agreement"as may be necessary, at anytime, in the future. 7 I The Commission, on behalf of the Agency, reserves the right to amend the "Qualifying 2 Businesses and Activities to be Undertaken Pursuant to the Freeway Sign Licensing Agreement" to 'i 3 include other types of businesses and activities that may be required in the future to be included 4 within the scope of the "Qualifying Businesses and Activities to be Undertaken Pursuant to the i 5 Freeway Sign Licensing Agreement". 6 IV.PROHIBITED BUSINESSES AND ACTIVITIES: 7 Those businesses and activities as set forth in the Freeway Sign Licensing Agreement, as t 8 currently existing, shall be prohibited from advertising on the off-site freeway advertising sign. In f t 9 addition, all political advertisements, whether for an individual candidate or a ballot measure or any 10 similar proposition, shall be prohibited from advertising on the off-site freeway advertising sign. 11 There shall be no advertising of business addresses with locations that are solely outside of the City 12 unless approved in writing by the Executive Director of the Agency. In the situation with multiple 13 business locations both within and outside of the City, such business locations that are other than 14 within the City may be displayed in a form, if substantially less prominent than the business location 15 that is located within the City. 16 The Executive Director of the Agency shall make the final decision as to the appropriateness 17 of all advertisements appearing on the off-site freeway sign. 18 19 20 21 22 23 24 25 26 27 28 I Exhibit "C" 2 List of Businesses and Eligible Activities for Advertising 3 on the Off-Site Freeway Sign 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 9 P.Wgendas\Resolutions\Resolutions`1010\11-15-10 CPT Freewac Sign-Hospitality&Waterman CDC Reso.doc i r-I 00 Ln ,--� r1 ri ,-� ri al ri ,-� ri ,� .-� ri r1 ri .-� Ol M r-I m ri V Lr) M ri N ri ri al r-I N r-I r-I ri a) N N M ri a) M ri a) ri rr,W Q ri LD N O N r-4 N i-1 N Ln N -I*- Ct N '�T -1 Ct N lD N lD �t N N Ln lD Z lD Ln lD O t\ O O 00 Ln 00 z lqt LD Lr) Ln lD Ln t- Ln tD Ln Tt Lr) Lr) z LD t Ln H U r4 r4 r-I 0 � F, 1n M z r-4 -:T M � CO -;I- Rt � � N Ln N N N N MM Oq M Ct � Ln lD O Ili M � 00 00 N 00 O N �' N N cn N Gt M 00 N M M M M O M M Ct 00 a1 't -p M M N N rn N M N) M M M N M M M N r-I M M M M M M M M N N M a V 00 O0 W W W OQ 00 W 00 00 00 00 DO W 00 DO ri 00 W 00 00 DO 00 00 00 00 00 W O O O O O O O O O O O O O O O O O O O O O O O O O O O O C 4 4 4 d -,*- -:5- 4 -U "t -'T -,:I- -c:j- 4 --:1' 4 -* 't -1 4 zT ct -:T d- -:t y Q" N N N N N N N N N N N N N N N N N N N N N N N N N N N N N M a) a) a) a) Q1 a) Q1 Ol a) a) cn 01 m a) cn a) a) a) 01 a) 17l a) a) a) a) Q1 Q1 rW�I a O a W Ln 0 Ln ri r1 W 0° ,-, ,-I 00 o Ln Q O O O w W ° Q H O 00 � Ct Lr) Ln r-I r-I w N N W p try ri r-I Ln Lr) W N r-1 01 N N W W N a w F- w m W W w f- w w w w w F- m x F- p N F- p F- F- p F- to F- F- F- m F- F- to N p Ln W N N W N Ln W Ln to Ln W Ln (n W W ./ CC w J W Q Z W Z Q Z Ly,) Z Q Z Z Z ~ Z Z Q �UP) p" w a > 0 O w v0 F- p F- w F- Q ~ t- F- w Q Z w J V C Q Q N U -) Z J U J W J J J J ._I V O U H 0 = Ln F w w H N H H V H vt) F- 3 H a H V F-- w °m w can Z (D can O F- z F- V)) m can z Ln F- 0 can can Lan a>C can can < Q Z O in Q a 0 0 Lu cn in In O °- O �n O p 0 0 0 Z Lu 0 O a = v) u) S p C7 S U > 0 p 0 S F- 2 = S m Q S S 2 >_ S S o V 0 m Ln o m 0 o u`ni Lmn 1L r) � omo = z rn L � -i 0 0 m Z -a Ln v Ln M 00 Ln m oo c*- M Ln o Ln ri v -zt Lr) Ln Lr) v rn ri Ln Lr) r-1 LI) Ln 00 WAIq "a Lr) 00 00 -* N O a) Ln 00 Ln N Ln N Ql z a) O LD Z LD a) lD If1 Ln a1 o0 C7 o0 L Q ci r-I r-I ri N r-I r-( r-I r-I ri N -1 N ri r'1 00 Ln -1 r-I T" r-I ri r1 ri ri ri r-I r-I Q N W U W Q In U a U Z In N W Q w FE W o w (D _V w a _U C7 z J = 7 > z Q Z w Oa 0 w L)- z Z l7 Q Z w 0 Zvai Q vi Q H J W N 0 n J J w v Ln Z Z c Cl. — Q z U v z = u V] Lu Q W C W J w W = p U U z 0 z Q Z V � z Q m ° LL Q Ln Z vi m 0 U v O 0 a Lu `n V C7 vwi O V U Q co LOO w w Q U p U Lu U m } Z z _1 p Z O �_ U Z l7 tr p Ln = z u d w z ? = o w Q z u D Q z ° z Y Q Z F- J w LLJ�I aC1 Q w O Y Qa O O Q o w F- Q 0 J Q cr w 0 _ O C F- J p O W F- Z a' S S a ][ U In J ! 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Q 2 a O ri ri O 00 r1 O O ri n 1 V) r-I .-i r-I r-I O> r-I r-I r-I ri N ri ri r-I M ri r-I ri N r-I r-I r-I ri M ri r-I ri ri r., _U N M M c-I M N N r-I ri M M V1 ID M r-I N .-1 M ri LO N r-1 ri M r-1 N N -1 hP.+yj Q M M N N In N M [t lD lD � N � Ln N CO N N lD ri M N N Ol N N Rt N d z Ln L) LO LD Ct N V1 Ln Ln Ln LD Ln � L.0 u') N LO Ln LD Ln �' LD O � LD L,D Ln r- to U W r� Ln 00 CO M 00 4zt 00 N LD a) r-I N R• L.0 ri ri 0) Ct O al N N M LD 'd• Ill LD Ct L) ri N N O O LD IZ3- N O M Ln T• M M N n r-I N M M v i N Ln M ri Ln N `* N LD O LL M 00 '�* d' r- N '�t M M N r- -:T M 00 M �t 'Gt M N 00 'Rt 00 00 00 n 1* M N M N O M N M M N M M M M M N M m N M M M M M N M N N N N M M M M M QI U 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 L>0 00 00 00 00 W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 yQ- N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N /-� N al al 01 O1 01 Ol 01 al a> al Ql Ol al Ol Ol al Ol Ol al Ol Ol Ol a) al al a) Ol al a) Ol W a W O O (� O ri N r-I uj O Q lD V)Vj f- N Ln 1- m ^M N M ri M VFW/4 W p W W N Ln W W W M W W W W N VV)) dq U N N > V) LA Ln N W W N Lf) N N W z w w z z w z w z z w > 1= z z z z J F• J J W W J z J J F- Q W J J J J J a > w Q w w w � > as w J Q 0 J J U N w U U J U J J Q G F- U Q Q Q Q N ~ w �_ Q w N p Ln W Ln Q N H Q W to w F- - � F_ a a J p p D_ p a _Z to w a w o D_ w p J w a a a D_ 0 0 = 0 0 ") vl Q O vl `^ O O O O Q Q N 0 0 0 0 S w Q Q w S Q = p < m O 2 m 0 S 2 0 Q N p 2 2 S 2 w Ln V)Z v ,,, W w O w oo Ln oo LD oo w O LL, O O O m r-I -0 Ln w N ri N w N V O w LD r-1 r-I Ln Ln ri m -zt w M w m Ln M N ri Ln Ln Ln Ln O-W "a V1 ri O O Ln N O LD 00 Ln M a) 00 :I- L.D a) ri LD LD � ri O o0 � N a) LD N l0 n Q ri ri N N ri N N ri ri ri ri r-I ri ri a-i ri N r-I N ri ri ri ri ri r-i ri ri N ri N Q w V �L U Z Ln LU E"' z Ln C7 u } u > O O U z V) J W C/1 w Z z 0 W C) Z Lu 2 O Z a V Z x U a Q w LL w p O Z O z O F" u Y Q F- w LL F- O w v1 F-- F- Q Z_ w w Q W N W Z w Z Q z lr1 U F- 2 0 CL S to ZO Q U w V z F- � ~ O F- Q V Y W w z V z Q Q Q U O u O z S a Q U ON z LLJ r� _V (n J S U w } 0 w Q W ~ U J W = J Y J z z 0 V) W } J U p J Q V) F- O Q R --1 p Q LL > F- Q N O J J -' Q z Z W a S Ln w 2 O F- F- O U Z O L p J pO < < Q QJ LL_ Q. 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L40 Q a U W 1.1 � Z Z U N fL V) Z Z z 0 w a U O Z j Q z U pa�n L` u z a N Q o Q 0 0 Q Z O m Q O H Z 2 C7 a Q v a O J v U in J 0 co O Z N O H Z Q O W F- O Ln w C/O J Z In W U J W J L Q O m Q Ln = 0_ J U Q O Ln Se w Q J 3 = Z Q O J V Q U O W LL J m N U 0 > 0 Z � N = 2 m m J Z I Exhibit "D" 2 License Agreement among the City of San Bernardino, CPT/SC Title Holding Corporation 3 and the Redevelopment Agency of the 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 10 P-.\A¢enda%\Recnlntinnc\Recnlntinnc\?(110\11_1 S_lfl CPT Fro ,Gion-H—itali-P,W---Cllr P—d- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Redevelopment Agency of the City of San Bernardino 201 North`B" 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.doc i 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 Number 141-402-39, 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 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\AgendaAttachments\Fxhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 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\AgendaAttachmentsTxhibits\2010kll-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 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 Fifes\Content.0utlook\0733BOOE\I 1-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc j i i P 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 (3 0) 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 PAAgendas\Agenda Att achments\Exhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 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 1 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. R G 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 f City of San Bernardino '1011 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 parry 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 i determining if a party is entitled to recover costs or attorneys' fees. The costs, salary and expenses 7 P:Wgendas\Agenda Attachments\Exhibits\2010U 1-15-]0 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 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 PAAgendas\Agenda Attachments\Exhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc I 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: Rachel Clark, City Clerk Charles c ity anager APPROVED AS TO FORM: x BY UL.11 I James F. Penman, City Attorney CPT/SC TITLE HOLDING CORPORATION By: Strategic Property Advisers, Inc. Its Authorized Agent APPROVED Aff EQRM: By: A By: C %-JIL X Peter G. Aylward, Its President REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ATTEST: - _ Y y: Emil A. Marzullo, Interim Executive Director APPROVED CTS By: Agency Counsel 9 P:\Agendas\Agenda Attachments\Exhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc f 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 BOOK 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 NOR'T'HWESTERLY 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 331.32 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 2; THENCE NORTHEASTERLY'ALONG TITS 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 i 73°28'21"A DISTANCE OF 128.35 FEET;THENCE NON-TANGENT TO SAID CURVE, NOR'T'HEASTERLY ALONG THE EASTERLY LINE OF SAID PARCEL 2,NORTH 6 053'23" EAST 73.59 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 2.;THENCE WESTERLY ALONG A NORTHERLY LINE OF SAID PARCEL 2, SOUTH 89030'14"WEST 140.00 FEET TO A POINT 50.00 FEET EASTERLY MEASURED AT RIGHT ANGLES a 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 2008-6558484 OF OFFICIAL RECORDS;THENCE LEAVING SAID NORTHERLY LINE, ON A LINE NORTHWESTERLY,NORTH 0026'54"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 IAN S PREP D E MY SUPERVISION: CL r o h10.4611 z DOUGLAS R NE C1110R,P.L.S, 4611 DATE EXp ti- LICENSE EXPIRES -30=2012 4f CAS p3 t i EXHIBIT A-1 SHEET 1 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, IN'THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER NTH 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, PACE 2,.IN THE OFFICE OF THE COUNTY RECORDER 'OF SAID COUNTY. EASEMENTS EASEMENTS PLOTTED HEREON PER FIRST LEGEND ji ND AMERICAN TITLE INSURANCE COMPANY TITLE REPORT I NCS-120064-LA2 DATED DECEMBER 10, 2004. TPOB = TRUE POINT OF BEGINNING EXISTING SOUTHERN CALIFORNIA EDISON EASEMENT -�C= 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 REUNGUISHED PER DOC, REC. 2-5-1962 IN BOOK 5641,PAGE 312 O.R. (Z) 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 # 85-183259 O.R. BLANKET IN NATURE INDICATES NON EXCLUSIVE ACCESS EASEMNT AREA (3) PROPOSED SIGN EASEMENT 66,752.74 S4. FT. OR 1.532 ACRES PROPERTY OWNER: CPT/SC TITLE HOLDING CORPORATION A CALIFORNIA CORPORATION AP �.� - 0-201.0 BOSPITAMU LANE DOUGLAS R. M CHIOR DATE `a�P Leo COMMERCUL PARCEL (PARCEL A) PLS 4611 MELCHIOR LAND SURVEYING INC. I LAW {, PC 5731 PALMER WAY, SUITE G N0` 4611 67*1 PALMER 'WAY, SUITE C L.B. 4411 CARLSBAD, CA 92010 a Esq'i-JD-IZ CARLSBAD. CALIFORNIA 02010 710-438-1726 4780) 409-1744 FAX (700) 438-3601 q Q CfL DATE OF' PREPARATION: 10M 2010 JN 3931—AC FSS—FSMNT.D'WG r a ;j EXHIBIT A-2 SHEET 2 OF 2 SHEETS HOSPITALITY LANE TPOB —N.W. CORNER N 89630'14" E — — — PARCEL 2 4 CD cn PM 8619 a z 1p� a 4M� N 89:30'14" E m N� N _00 U A=7328'21' R=100.09' L=128.35' 198.58 ._-- ROU it yN1A�Q a tN1�A�A4 CAU�OR . ASSESSOR'S PARCEL NUMBERS- 0141-402-39-0-000 0141-402-06-0-000 PROPERTY OWNER: CPT/SC TITLE HOLDING CORPORATION A CALIFORNIA CORPORATION T1T�E: HOSPITALITY LAN$ 1.DAT -2010 DOUGLAS R. M ClIOR DATE L kay COMMERCUL PARCEL (PARCEL A) PLS 4611 MELCHIOR LAND SURVEYING INC. lkd@Ljl ' Lim � 5731 PALMER WAY, SUITE G a Na 4611 © , 6751 PALMER WAY, SUITE G L.S. 4611 CARLSBAD, CA 92010 :ARLBBAD, CALIFORNIA '98010 760-438-1726 .760) 4$8-1736 FAX (760) 48S-8991 DATE OF PREPARATION: 10/20/2010 JN 3231-ACESS-ESM'NT,DWG FROM ANGLE DIST NORTH BAST ----------- - ----------========---------------------- ---- ---------- ---------- LOT CHECK MODE ENABLED 13 TRAV S 4-0. 23 16 E 331.32 COR PAR 14 TRAV N 80 21 56 E 198.56 COR PAR RADIAL S 9 38 02 E DELTA 73 28 21 LT RADIUS 100.09 TAtl 74.70 L-ARC 128.35 RADIAL S 83 06 23 E 15 Cl-iORD N 43 37 48 E 119.73 06R PAR TAI PT- t! - ---6 Fi 3 .37 17 TRAV N 6 53 23 E 73.59 10 TI?AV S 89 .30 14 w 140.00 COR. PAR cl M!��I v T 21 1 N 0 26 54 w 140.86 20 TRAV S 69 30 14 w 148.35 Cl COR PAR LAT & DEP 0,00042 -0.00465 13 1 1C 0 S E li 84 49 52 w 0.00 5138.35896 4710.55861 PREC = I TO 248640 Area = 66752.74 sq ft 1.53243 ac LAND SU o ao 4 FXP 9-30-1 tp OF c i EXHIBIT °B': LEGAL DESCRIPTION SIGN EASEMENT AREA ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NUMBER 8619,IN THE CITY OF SAN BERNARDIN0,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED ITT BOOK 97 OF PARCEL MAPS,PAGES 81 THROUGH 82,-TN THE OFFICE OF THE COUNTY RECOF DER 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 SOUTHWES'T'ERLY CORNER OF SAID PARCEL 2;THENCE NORTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 2,NORTH 80°21'58"EAST 198.56FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100.09 FEET;THENCE NORTHEASTERLY ALONG THE SOU'T'HEASTERLY LINE OF SAID PARCEL 2,ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13 014'24"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 2 009'20"EAST 36.64 FEET TO A POINT ON SAID SOUTHEASTERLY LINE OF SAID PARCEL 2, SAID.POINT -BEGINNING ON SAID CURVE CON CAVE NORTHWESTERLY HAVING A RADIUS OF 100.09 FEET;THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE,ALONG$AID CURVE THROUGH A CENTRAL ANGLE QF 7033'16"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: S�pNPL V ND S R. M GAL DOUGLA LCHIOR, P.L.S. 4611 DATE * o N0.46 LICENSE ENPI '3-302 11 012 Exp.s46 1 Ln .A OF CA1-�� S `d 7 'q{ i EXHIBIT B- I 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 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 POB = TRUE POINT OF BEGINNING EASEMENTS PLOTTED HEREON PER FIRST TPOB = TRUE POINT OF BEGMING AMERICAN TITLE INSURANCE COMPANY TITLE (R) = RADIAL BEARING REPMY WS-12U064-LA2 DATED DECEMBER 10, 2004. 'CSC ABUTTERS RIGHTS OF INGRESS AND EASTING-SWTHERN CALIFORNIA EDISON EASEMENT EGRESS TO OR FROM FREEWAY ADJOINING REC. 6-14-1971 IN BOOK 7687, PAGE 859 O:R, LAND HAVE BEEN RWNGUISHED PER DOG. PLOTTED HEREON REC. 2-5--1962 IN BOOK 5641,PAGE 312 OA. EXISTING VEHICULAR PARKING SPACES, PEDESTRIAN AND AND BOOK 5883, PAGE 54fi RE. 4-4-1963, O.R. VEHICULAR INGRESS AND ACCESS EASEMENT REC. INDICATES SIGN EASEMENT 7-30-1985 AS DOG f 85-183259 O.R. AREA OF EASEMENT BLANKET IN NATURE 474.05 S4. FT. BEING 0.011 ACRES PROPERTY OWNER: CPT/SC TITLE HOLDING CORPORATION A CALIFORNIA CORPORATION TITLE: 10-20-2010 .9OSPI?'UTY LAM ' GLA R. MkCHIOR DATE �Mrp SIGN PARCEL PLS 4611 ��°�' -MELCHIOR LAND SURVEYING INC. ° � - / , IC 5731 PALMER WAY, SUITE G oc NO. 461:1 l-V1 � o 671:1 PALMER WAY, SUITE Q L.S. 4811 CARLSBAD, CA 92010 a ' CARL$BAD, CALIFORNIA 92010 760-438 4726 (780) 428-17211 FAX (TOO) 488=2991 pp DATE OF PREPARATION: 1:2L20)010 JN 3231—AEESS—ESMNT•.QWG i .3 z p SHEET 2 OF z SHEETS � EXHIBIT B-2 . POB HOSPiTAUTY LANE N.W. CORNER N 8910'1' E — —OF PARCEL 14825 z (O.G7i p� vV�r�i� I z L N 89'30'1_4'J--c m �+ ROW 00 N w SIGN RAQEETA�ILENT 1 �� A=60'13'57" V I X02* W(R}� R=100.09 to 09 L=105.22' '58" E BO'2S r m 196 �� SIGN EASEMENT-�� DETAIL 1 N 02'09'20' W . 4211' Q=07'33'16' SCALE 1"=20' O N 87'50'41' E 1200' L=100.Q9' L=13.20' N 02'09'20" W 36.64' ® ,p_131 44,?4' S 225226' E(R) 6_60'13'57' A SOR'5 PARCEL KIBERS: R=100.09' L=105.22' PRIOR TO LOT MERGER TP08 PAR 2- 0141-402-394-000 PORTION LOT 1- 0141-402-06-0-000 T1 Tl.E: 10-202010 HOSPITALITY LdNE DOU R. CFtIOR 0-ATE o LA^io SIGN PARCEL PLS 4611 y R• s� MELCHIOR LAND SURVEYING INC. � r� MR . 'm '� �� P 5731 PALMER WAY, SUITE G 0 N0. 4611. o 0 fief PALMER WAY, SUITE G L.S. 4611 CARLSBAD, CA 92010 CARLSBAD, CALIFORNIA 02010 760-43$-1726 (760) 426-1726 FAX (760) 426-3951 DATE OF PREPARA110N 10- 1:0 .X010 uN 3231-ACESS-ESMNT.0'WG FROM ANGLE DIST NORTH EAST TO SIGN EASEMENT LOT CHECK MODE ENABLED 13 TRAV S Q 23 16 E 331.32 14 COR PAR 2 14 TRAY 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 50 Al ' E - - - 12.00 2L 2 NWCOREASE 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 \��p1 LANAS 203 CHORD S 63 20 56 W 1'3. 19 X55 5 R. M �'PG 200 ac Fly; F� SWCOREA SE TANQPT S 67 07 34 W RADIAL S 22 52 26 E ° C)• DELTA 13 14 24 RT E g °1 RADIUS 100.09 TAN 11.62 L-ARC 23. 13 RADIAL S 9 38 02 E 200 CHORD S 73. 44 46 W 23.08 15 CDR PAR 2 TAN @PT S 80 21 58 W 15 TRAV 3 80 21 58 W 198.5E 14 CDR PAR 2 14 TRAV N 0 23 16 W 331.32 13 CDR. PAR 2 LAT &. DEF -0.00217 0.00044 13 HCLOSE S 11 27 48 E 0 .00 5138.35896 4110.55861 13 PREC = 1 TO 545638 Area = 474.05 sq ft 0.01088 ac REQUESTED BY AND EXFIIBIT"C" WHEN RECORDED MAIL TO: ITY 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 a AVON EXHIBIT `°A" ti 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 III-BOOK 97 OF PARCEL MAPS,PAGES 81 THROUGH 82, IN THE OFFICE OF THE COUNTY RECOFDER 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, SOUTF 0023'16" 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 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 13 014'24" 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 2 009'20"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 THROUCTH 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: 51pNW- L4 S DOUGLAS R. ME CHIOR, P.L.S. 4611 DATE Q o y LICENSE EXPIRES 9-30-2012 * o NO.4611 � Exp 9-30. 1 N F OF CA�.�F� SHEET 1 OF 2 SHEETS EXHIBIT A- 1 ' f S I 4 LECAL DESCRIPTION ALL THAT PORTION 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, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. i s 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 # NCS-120064-LA2 DATED DECEMBER 10, 2004. _ ABUTTERS RIGHTS OF INGRESS AND Q EXSTING; SOUTHERN CALIFORNIA EDISON EASEMENT EGRESS TO OR FROM FREEWAY ADJOINING REC. 6-14-1971 IN BOOK 7687, PAGE 859 O.R. LAND HAVE BEEN RELINGUMED PER DOC. ^�^TT*'^ �� �^► nr^ n c in n � nn^v cen Ali[ 11 n ^o YWIiGU rICRCUtV nLti,. 2-5—4196,21 I"ti ovun �ulri,I�^vc . c vrn. AND BOOK 5883, PAGE 56 RE. 4-4-1963, O.R. ® EXISTING VEHICULAR PARKING SPACES, PEDESTRIAN AND 4 VEHICULAR INGRESS AND ACCESS EASEMENT REC. INDICATES SIGN EASEMENT 7-30-1985 AS DOC # 85-183259 O.R. BLANKET IN NATURE AREA OOFS EASEMENT 474. BEING 0.011 ACRES PROPERTY OWNER: CPT/SC TITLE HOLDING CORPORATION A CALIFORNIA CORPORATION M PEP B HOSPITALITY LANE 1 DA 0-2010 SIGN PARCEL PL5 4611 R. MEL OR DATE AL c���,o sG MELCHIOR LAND SURVEYING INC, v �y�rrn LAW SUWGRM a 0 't W 5731 PALMER WAY, SUITE G � NO. 4611 �o 6751 PALMER WAY, SUITE G L.S. 4811 CARLSBAD, CA 92010 6Q.1-1.12 CARL38AD, CALIFORNIA 02010 76G-438-1726 p (760) 458-1720 FAX (760) 488-5901 DATE OF PREPARATION: 10/20 2010 T 3231-ACESS-ESMNT.DWG EXHIBIT A-2 SHEET 2 OF 2 SHEETS POB HOSPITALITY LANE N 89'30'14" E _ --N.W. CORNER 148.35' OF PARCEL ���, �N N 89.30„4"JE 140.00 Gs 6\Qj �g� o o von 6=73'28' N 83'06'2,'" R 11 R=100.09 - ) w SICN�EASEMENT �1 28.35 I I /'- A 60'13'57' R=100.09' N 0908 L=105.22' p 21'5" E N8 — 198.E TPOB 1` 5Lr+x� EArEarE A S vn a: u cn s DETAIL 0 I> 1 N 02'09'20" W 42.11' <�> A=0T33',16- SCALE 1 =20 N 87'50'41" E 12.00' R=100.09 r ' L=13.20' N 02'09'20" W 36.64' ,p_130 4'�4" = 13 S 22'52'26" E(R) 2 . s A=6013`57" ® ® R=100.09' ASSESSOR'S PARCEL NUMBERS: L=105,22' PRIOR TO LOT MERGER TPOB PAR 2- D141-402-39-0-000 POR11oN LOT 1- 0141-402-06-0-000 =GLASR. TITS; 10-202010 HOSPITALITY L ANE R DATE �\oapa- LANd s� SIGN PARCEL PLS 4611 im MELCHIOR LAND SURVEYING INC. UML04M Um m � c 5731 PALMER WAY, SUITE G ° N0. 4611 Q/ly o 0 5731-'PALMER WAY, SUITE G L.S. 4811 CARLSBAD, CA 92010 * 311-12 CARLSBAD, CALIFORNIA 82010 760-438-1726 sj (780) 446-1728 FAX (780) 488-8981 DATE OF PREPARATION: 10-20 2010 JN 3231-ACESS-ESMNT.DWG 'ROM ARGLE DIST NORTH EAST To 'IGN EASEMENT LOT GHECK MODE ENABLED 14 .3 TRAV Q '23 16 E 331.32 - CoR PAR 2, 4 TRAV N 80 21 58 E 198. 56 15 COP PAP, 2 RADIAL S 9 38 02 E DELTA 13 14 24 LT RADIUS 100.09 TAN 11.62 L--ARC 23.13 RADIAL B 2'2 52 26 E .5 CHORD N 73 44 46 E 23.08 SWCOREASE TAN@PT N 67 07 34 E 201 :00 TRAV N 2 0.9 20 w 42. 11 NWOREASE 01 TRAV N 87 50 41 E 12.00 2 . NECQREASE TRAV S 2 09 20 E 36. 64 203 SECOREASE RADIAL S 30 25 421 E DELTA 7 33 16 RT RADIOS 100.69 TAN 6.61 A 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 R. SGT RADIAL S 22 52 26 E DELTA 13 14 24 RT RADIUS 100.019 N ;u TAN 11. 62 xp L-ARC 23. 13 U,) RADIAL S 9 38 02 E 00 CHORD S 73 44 46 w 23.08 15 COR PAR 2 TAN@PT S 80 21 58 w Fj TRAV S 80 21 58 w 198. 56 14 COP, PAR 21 4 TRAV N 0 2'3 16 w 331. 32 13 r,()R PAR 2 LAT & DEP -0.00217 0.00044 3 H C L 0 S E S 11 27 48 E 1). 00 A-1138. 35896 4?1('.;55861 13 PREC = 1 TO 545838 Area = 474.05 sq ft 0.01088 ac 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 400K 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 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 80021'58"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 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 ALINE 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 LAND PRE D ER MY SUPERVISION: c"c �,p ate. J O �° 10 1J Z.d f U * o NO. DOUGLAS R. CHIOR, P.L.S. 4611 DATE €XP.9-30- t LICENSE EXPIRES 9-30-2012 �q 4� EXHIBIT B- I SHEET 1 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,°4N 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 THE COUNTY RECORDER .OF SAID COUNTY. EASEMENTS EASEMENTS PLOTTED HEREON PER FIRST LEGEND AMERICAN TITLE INSURANCE COMPANY TITLE REPORT # NCS-120064-LA2 DATED DECEMBER 10, 2004. TPOS = TRUE POINT OF BEGINNING Q EXISTING SOUTHERN CALIFORNIA EDISON EASEMENT - 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 RELINQUISHED PER DOC. REC. 2=5-1962 IN BOOK 5641,PAGE'312 O.R. (Z) EXISTING VEHICULAR PARKING SPACES, PEDESTRIAN AND AND BOOK 5683, PAGE 546 RE. 4-4-1963, O.R. VEHICULAR INGRESS AND ACCESS EASEMENT RE(_ 7-30-1985 AS DOC 185-183259 O.R. BLANKET IN NATURE INDICATES NON EXCLUSIVE ACCESS EASEMENT AREA Q PROPOSED SIGN EASEMENT 66,752.74 SQ. FT. OR 1.532 ACRES PROPERTY OWNER: CPT/SC TITLE HOLDING CORPORATION A CALIFORNIA CORPORATION P RE ED Y: I HOSPITALITY LANE DOUGLAS R. M CHIOR 1 DATE 2010 o�Pt LANG I COIIItE'RCIAL PARCEL (PARCEL A) PLS 4611 MELCHIOR LAND SURVEYING INC. �+ j �' V1R� ► IFS 5731 PALMER WAY, SUITE G °� N0. 4811 � o 6781 PALMER WAY, SUITE G L.S. 4611 CARLSBAD, CA 92010 * CARLSBAD, .CALIFORNIA 92010 760-438-1726 of P (780) 488-1,726 FAX (760) 498-8991 DATE OF PREPARA11ON: 10/20/2010 JN 3231-ACESS-ESMNT.DWG i EXHIBIT B-2 SHEET 2 OF 2 SHEETS HOSPITALITY LANE TPOB --N.W. CORNER N 89'3014 E PARCEL 2 PM 8619 1 v z �\A N 8910'14A E w rr wl 1 .0 :�, N C.rJ� to N �^ t � O 00 z `306 W(R) It LLJ U A=73'28'21" i� (A R-100.09' L=128.35' ..- �_ nl�4 f� NO• �O IN�RSTA� CAUFORN�A STAB OF AM50R'S PARCEL, NUMBERS: 0141-402-39-0-000 0141-402-06-0-000 PROPERTY OWNER: CPT/SC TITLE HOLDING CORPORATION A CALIFORNIA CORPORATION rj7�11 TITLE: 10- -2010 BCSP�TALITY LdNB D S R. ELCHI DATE ��P1- NANO COMMERCLU PARCEL (PARCEL A) PLs 4x11 MELCHIOR LAND SURVEYING INC. a N0. 4611 0 { Q lem � 5731 PALMER WAY, SUITE G a o 6731 PALMER WAY, SUITE 0 L.S. 4611 CARLSBAD, CA 92010 CARLSBAD, CALIFORNIA 42010 760-438-1726 �- (760) 436-1726 FAX (760) 438-2691 DATE OF PREPARATION: 10/20 2010 JN 3231-ACESS-ESMNT.DWG 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 Bemardino_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 I Its I By Peter G. Aylward, Its President I P:\Agendas\Agenda Attachments\Exhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 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 PAAgendasUgenda At tachments\Exhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SE Combined.doc I Exhibit"E" 2 Sign Plans 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 x�M ' � r s P I k x Se _ h ° i cj " a ` 4 o O � m�e � w =w i-� = Q U O O b p y�G � b i yF 2 &: ° T n o • ya •tea " � az 3 c W z °d"o`„ L!� '^ °Q2 . WQ•=i•S 2 e Y 2 i•F i f tiw�pp c ' YO r� Cr_u•r_- s r i- � b --. Z�mp �w ��mp' ��m W M� �.• nIII'I e Em FS S. \ =�P� M e JMN W s�• 2¢ f �� Y•°••2C W•F aw2�G •`�i t G w D �=' P EO �4= �f m °go b egg o �v .• 55 �� NN y ` //I ohm QW °a o.°-d� �� oe-,iNC Wco■° CC �� a� S �& _ LY s WW =a g Qa roll Hospitalitv Business District GOURMET CHINESE RESTAURANT zip mmmW I t :" 01 �raMazaTri*,,;w, LE New Electronic Signage Concept Not to scale Existing Sign & Location Existing Vamazato sign to be removed Hospitality lane I and discarded and steel poles d ie '3 7N a •i 10 Freeway Sign location Plot Plan Not to scale Proposed sign location North KWAASH' PWWENO, u um APPfurallor&mDe.,g aCO- _— wae:Hose-W wa 5 oistrtct X -` - ADVIESS 10 6 MOtermen Are.,Ca. In6d EmP"(9091885-Aq6 Coach.W rcYay(76 0130-8 37 0-High Dw (760)955-7da6 LOYPUTER RGE HOSPIKAft brslnesg DLStrkl 08725-1 F-1909 1868-2239•Sales@quielsgns.c DA7EDRAWN 1-7.8 SERYCE NO.: DRAWN 6Y. 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IY °0 J � . as Q z uj w m win gye ygs a !Val RIP RIP ifi rf g a 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.doc i 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 3 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: a 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 f 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 Numberl4l-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 At tachments\Exhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc i 3 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 AttachmentslExhibits\2010\11.15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 3 q , 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 1 allowing alcoholic beverages advertisements and content. l 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 3 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. a 4 k P:\AgendaAAgenda Attachments\Exhibits\2010\I 1-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc i 7 3 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 1" 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 l Oh 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 CADocuments and Settings\joquendo\Local Settings\Temporary Internet Files\Content Outlook\0713BOOE\I 1-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combi ned.doc 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\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 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:\AgendaAAgenda Attachments\Exhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc 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 I given and accepted by the parties, and no representations not expressed herein or endorsed hereon have been made by either parry 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:1Agendas\Agenda Attachments\Exhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc I� 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: Rachel Clark, City Clerk Charles McNeeley, City Manager APP VED 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 i REDEVELOPMENT AGENCY OF THE 1 CITY OF SAN BERNARDINO ATTEST: By: By: Emil A. Marzullo, Interim Executive Director APPROVED AS TO FORM: By: Agency oun 9 P:\Agendas\Agendz Attachments\Exhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doc i 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 4(70K 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 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 73 028'21"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 LINTE OF SAID PARCEL 2, SOUTH 89030'14"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 2008-0558454 OF OFFICIAL RECORDS; THENCE LEAVING SAID NORTHERLY LINE, ON A LINE NORTHWESTERLY,NORTH 0 026'54"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 I 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 �p1. LAND S PREP D E MY SUPERVISION: R• M�t�,��F r C-. U( Lo ZQt() 4* p NO.4611 QA DOUGLAS R. ME CHIOR, P.L.S. 4611 DATE EXP 9-30- 1�- LICENSE EXPIRES"9-30-2012 4� OF CAS. -- EXHIBIT A- I SHEET 1 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 NAPS, 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 CALIFORNIA, 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 INSURANCE COMPANY TITLE REPORT I NCS-120064-LA2 DATED DECEMBER 10, 2004. TPOB = TRUE POINT OF BEGINNING 1Q EXISTING SOUTHERN CALIFORNIA EDISON EASEMENT -� _ ABUTTERS RIGHTS OF INGRESS AND REC. 6-14-1971 IN 800K 7687, PAGE 859 O.R. EGRESS TO OR FROM FREEWAY ADJOINING PLOTTED HEREON LAND HAVE BEEN REUNGUISHED PER DOC, REC. 2-5--1962 IN BOA w41,PAGE 312 O.R. 0 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 185-183259 O.R. BLANKET IN NATURE INDICATES NON EXCLUSIVE ACCESS EASEMENT AREA p PROPOSED SIGN EASEMENT 66,752.74 SQ. FT. OR 1.532 ACRES PROPERTY OWNER: CPT/SC TITLE HOLDING CORPORATION A CALIFORNIA CORPORATION A' TITLE: - 0-2010 HOSPITALITY' LANE DOUGLAS R. M CHICK DATE COMIfERCUL PARCEL (PARCEL A) PLS 4611 MELCHIOR LAND SURVEYING INC. LAW �, vc 5731 PALMER WAY, SUITE G a tea. 4611 5721 PALMIER WAY, QUITE Q L.6. 4611 CARIAAD, CA 92010 * E;J'3-42 CARLSBAD, CALIF 0RNIA 92010 760-438-1726 (760) 492-1726 FAX (760) 499-3901 DATE OF PREPARAI]ON: 10 20 2010 'IN 3931—AC:F'SS—FSMNT.DWG EXHIBIT ,A-2 SHEET 2 OF z SHEETS HOSPITALITY LANE TPOB --N.W. CORNER N, N 89*30'14' E — — — PARCEL 2 P1� 8619 v z .AE \p Q � N 89730'14' E m N p NI !�Lo n z W(R) ',83 6'23" v A=73'2821 1 Ln R=100.09' • 19 .56 L=128.35' 11-1\- QF O "" Aur�� , STAT ASSE'SSOR'S PARCEL NUMBERS; 0141-402-39-0-000 0141-402-06-0-000 PROPERTY OWNER: CPT/SC TITLE HOLDING CORPORATION A CALIFORNIA CORPORATION AI TITU: I0-20-2010 HOSPITALITY LNE DOUGLAS R CHIOR DATE p,t �Ayo C011 MERCUL PARCEL (PARCEL A) PLS 4611 MELCNIOR LAND SIRNEl1NG INC. +� f .� F! d ffc 5731 PALMER wAY, SUITE c No 4611 5731 PALMER WAY, SUITE 0 L.S. 4611 CARLSBAO, CA 92010 * 444-42 CARLSBAD, CALIFORNIA '92010 760-438-1726 10) 436-1728 FAX 0760) 436-8991 DATE OF PREPARATION: 10/20/2010 JN 3231-ACESS-ESMNT.OWG ft RC}t ANGLE D I ST NORTH EAST LOT CHECK MODE ENABLED 13 TRAV S `*•a. 23 16 E 331. 32 CDR PAR 14 TRAV N 60 21 58 E 198.56 CDR PAR RADIAL S 9 38 02 E DELTA 73 28 21 LT RADIUS 100.09 TA14 74.70 L-ARC 128. 35 RADIAL S 63 06 23 E 15 CHORD N 43 37 48 E 119.73 COR FAR 17 TRAY N 6 53 23 E 73.59 COR PAR 10 T ?V S 89 .30 14 w 140.00 CI 21 N 0 26 54 W 140.56 ' Ct � 20 TRAV c 89 30 14 w 148.35 CDR-PAR . . LAT DEP 0.00042 -0.00465 13 1;0'.+:t.;E N 84 49 52 w 0.00 5138.35896 4710.55861 PREC = 1 TO 2486401 Area = 66752.74 eq ft 1.53243 ac. LAND Sc�<- a p 4 * a ExP OF C�*`��04� .'� N 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 N-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 80 021'58"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 2 009'20"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$AID CURVE THROUGI�A CENTRAL ANGLE QF 7033'16"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: G c, R. DOUGLA LCHIOR, P.L.S. 4611 DATE * o ND.4611 LICENSE EXPI S 9-30-2012 Exp.9-30- tL Ln \4. 9�OF CR1-1��Q EXHIBIT B-- 1 SHEET 1 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 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 BEGINNING EASEMENTS PLOTTED HEREIN PER FIRST TPOB = TRUE POINT OF BEGINNING AMERICAN TITLE INSURANCE COMPANY TITLE (R) = RADIAL BEARING REPORT it NCS-124064-LA2 DATED DECEMBER 10, 2004. -\ = ABUTTERS R1GN15 OF INGRESS AND 01 .EXISTING SOUTHERN CALIFORNIA EDISON EASEMENT EGRESS TO OR FROM FREEWAY ADJOINING REC. 6-14-1971 IN BOOK 7687, PAGE 859 O.R. LAND HAVE BEEN RELINGUISHED PER DOC. PLOTTED HEREON REC. 2-5-1962 IN BOOK 5641,PAGE 312 O.R. AND BOOK 5883, PAGE 546 RE. 4-4-1963,'O.R. © EXISTING VEHICULAR PARIONG SPACES, PEDESTRIAN AND VEHICULAR INGRESS AND ACCESS EASEMENT REC. INDICATES SIGN EASEMENT 7-30-1985 AS DOC f B5-183259 O.R. AREA OF EASEMENT BLANKET IN NATURE t74.05 S(} FT. BEING 0.011 ACRES a PROPERTY OWNER: CPT/SC TITLE HOLDING CORPORATION A CALIFORNIA CORPORATION ¶ 10-20-2010 HOSPHAMTY LANE DOUGLAS R. M CHID DATE R �Mro SIGN PARCEL PLS 4611 MarAOR LAND SURVEYING INC. rn $� 5731 PALMER WAY, SUITE G No, 461. 6761 PALMER WAY, SIXTE 4 L,S. 4611 CARLSBAD, CA 92010 GARL36AD, CALIFORNIA 46010 760L438-1726 * g I (760) 486-1720 FAX (760) 499-8461 V DATE OF PREPARATION: 10/20 2010 JN 3231-ACESS-ESMNT.DWG EXHIBIT B-2 SHEET 2 OF 2 SHEETS POB HOSPITALITY LANE N 89'30'14' E _ N.W. CORNER 35. — — OF PARCEL 148 4ARr6 1) R � 9 1z: N 89-30-14- E 140.00 + WlS tP 9 II 4� A=73N 2 1 R=10 �528.35' SIGN EASEMENT w R � J ' 6=6013'57" R=100.09' Ivvi Q9 5 02 L=105.22' 8Q'21'S8- E `— tt 198 56 TPA .�-- SIGN E,4SEJ(ENT I> 3 N 02'09'20' W 4211' p DETAIL =07'33'16` SCALE 1'=20' N 87'50'41' E 1200' R=100.09' L=13.20' N 02'09'20' W 36.64' A=131 4-?4- �*Ff S 2232_26' E(R ® ® �=60'13'57" ASSSESSOR'S PARCEL NLIMBERS: R=100.09' La105.22' Pte_IQ LOT MERGER 0'OB PAR 2- Oi41-402-39--0-000 �. PORTION LOT 1- 0141-402-06-(-000 TITLE: HOSPITALITY I"E SOU ` R. CNIOR 10-202010 SIGN PARCEL PLS 4611 �• MELCHOR LAND SLIRVEYING INC. b � 9tY� 5731 PALMER wav, SU1TE c "� 4411 c 5781 PALMER WAY, SUITE Q L.S. 44'111 CARLSBAD, CA 92010 �1-m � CARLSBAD, CALIFORNIA 44010 760-438-1726 (760) 41S-V26 FAX (700) 488-5481 DATE OF PREPARATION: 10-20 2010 � N 3231-ACESS-ESMN T.OIWG FROM ANGLE DIST NORTH EAST TO SIGN EASEMENT LOT CHECK MODE ENABLED 13 TRAV S Q 23 16 E 331.32 14 CDR PAR 2 14 TRAV N 80 21 58 E 19 8.56 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.. 1-.00 2u2 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 �ON� D S 203 CHORD S 63 20 56 W 13. 19 X55 s R. M GAG 200 SWCOREASE TANUT S 67 07 34 W RADIAL S 22 52 26 E 0. DELTA 13 14 24 RT E �t RADIUS 100.09 �'� TAN 11. 62 0 L-ARC 23. 13 RADIAL S 9 36 02 E 200 CHORD S 73. 44 46 W 23.08 15 COE PAR 2 TAN @PT S 80 21 58 W 15 TRAV S BO 21 56 v7 198.56 14 CDR PAR 2 14 TRAV N 0 23 16 W 331.32 13 CDR PAR 2 LAT &. DEP -0.00217 0.00044 13 HCLOSE S 11 27 46 E 0 . 00 5138 . 35896 4710.55861 13 PREC = 1 TO 545638 Area = 474 . 05 eq ft 0.01086 �� REQUESTED BY AND EXHIBIT "C" WHEN RECORDED MAIL TO: CITY CLERK Grant of Easement I ( CY HALL .,o0 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: ATE: 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 EXHIBIT ",A" I� LEGAL DESCRIPTION SIGN EASEMENT AREA ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NUMBER 8619, ITS#TIM CI'T'Y OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO., STATE OF CALIFORNIA, AS PER MAP RECORDED II WOK 97 OF PARCEL MAPS,PAGES 81 THROUGH 82,IN THE OFFICE OF THE COUNTY RECOPDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PAR CE .2; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 2,SOUTH 0023'T 6" EAST 331.32 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 2;THENCE NORTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 2,NORM 80'21'58"EAST 19$.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 13 014'24"A DISTANCE OF 23.13 FEET T.0'TI E TRUE POINT OF BEGINNING,A RADIAL THROUGH SAID POINT BEARS SOUTH 22°52'26"EAST; THENCE LEAVING SAID SOUTHEASTERLY LINE,NORTFT,2°09'20" WEST 42.11 FEET;THE NORTH 87'50'41"EAST 12.00 FEET; THENCE SOUTH 2009'20"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 7033'16"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: to-2u-Zy1U DOUGLAS R. ME CHHOR, P.L.S, 4611 DATE LICENSE EXPIRES 9-30-2012 * n N0. Exp 0-30•30. f O� CALF EXHIBIT A- I 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 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 POB = TRUE POINT OF BEGINNING EASEMENTS PLOTTED HEREON PER FIRST TPOB = TRUE POINT OF BEbNNING AMERICAN TITLE­INSURANCE.COMPANY T17LE. - (R) = RADIAL BEARING REPORT I NCS-1120064-LA2 DATED DECEMBER 10, 2004. -Zr= ABUTTERS RIGHTS OF INGRESS AND EASTING SOUTHERN CALIFORNIA EDISON EASEMENT EGRESS TO OR FROM FREEWAY ADJOINING REC. 6-1-4-1971 IN 'BOOK 7687,. PAGE 859 O.R. LAND HAVE BEEN RELINGUISHED PER DOC. PLOTS HEREON REC. 2-5-1962 IN BOOK 5641,PAGE 312 O;R. AND BOOK 5883, PAGE 546 RE. 4-4-1963, O.R. (2) EXISTING PARKING SPACES, PEDESTRIAN AND VEHICULAR INGRESS AND -ACCESS EASEMENT REC. -INDICATES SIGN EASEMENT 7-30-1985 AS DOC i 6540�59 O.R. AREA OF EASEMENT BLANKET IN NATURE 474.05 SO. Z/JBEING 0.011 ACRES -PROPERTY OWNER. CPT/SC TPLE HOLDING CORPORATION A CALIFORNIA CORPORATION Mr 'JEP 10 '0 'V _2 -2 010 .TITLE. BOSPITALM LNE DOUGLAS'R. MBJ IOV DATE IA& SIGN PARCEL PILS 4611 N NEI-CHOR LAND SURVEYING INC. LAW OMVMWM W 5731 PALMER WAY, SUITE G Na: 4611 PALMER WAY, SUITE Q L.S. n46111 CARLSBAD.. CA 9201-0 CARLSOAD, CALIFORNIA 0-2010 760-438-1726 gel (760) 496-1720 FAX (760) 429-3901 .-DATE OF 10/20/2010 PREPARAVOND JN' 3231-ACESS-ESIVINT.M EXHIBIT A-2 SKEET 2 OF 2 SHEETS ROB HOSPITALITY LAND N $9.30'14' E ow'PARCEL 14x:35 V z i loo . �� qgt� 1`6 z c � z N 89'30'14" E 140.00- e, 00 i� A=73"28'21." z 83196'23" 11 �'� R=100.09' -" SIGN BASEMENT L=128.35' A=6073`57' U I 3fl2" R R=100.09` � N (-- L-105.22'. . ' 5B If 1 19$.56 TP08 SIGH' EASEMENT , DETAIL 1 ;, • 1 N 02'09'20' W 42.11 <3> A=07'33,16 SCALE 1"=20' N 870'41" E 1200' R=100.09 L=13.20' N 02'09'20" W 36.64' { S 22'52'26' E(R) A=601:3'57" 0 R=100.09' ASSESSOR'S PARCEL NUMBERS. L=105.22' PRIOR. TO LOT NERGER FOB PAR 2 Q14-402-39-0-000 AP ED Y: PORTION LOT 1- 0141-402-06-0-000 `1111.,E: _ - _ 10-202010 HOSPITALITY Ld1VE D GA R DATE LAN4 s SIGN PARCEL P. 4611 MELCHIOR LAND SURVEYING INC. LAW a 5731 PALMER WAY, SUITE G Na 4611 0 57A1--0ALMI!R WAY, SUITE 0 L.S. 4411 . CARLSBAD, CA 92010 EILI-911-12 CAR d0x0; CALIFORNIA 82010 760-438-1728 � �- (740) 4*6-1724 FAX (740) 488-8441 DATE OF PREPARATION: 10-20/2010 dN 323i-aCESS ESMNT.DWG 'ROM ANGLE DIST NORTH EAST TC) ------------- -------------- ------------------- - --------------------- -------------- 'IGN EASEMENT LOT GHECK MODE ENABLED 14 .3 TRAV S 0 23 16 E 331.32 CoR PAR 2 .4 TRAV N 80 21 58 E 193.56 15 COP PAR 2 RADIAL S) 9 36 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 SWCOREASE TAN@PT N 67 07 34 E 201 :00 TRAV N 2 0.9 20 w 42. 11 flWCOREASE 01 TRAV N 37 50 41 E 11.1.00 Lug NECOREASE 0? TRAV S 2 09 20 E 36. 64 203 SECOREASE RADIAL S, 30 25 402 E DELTA 7 33 16 RT RADIOS 100.09 TAN 6.51 A .IJ-ARC 13.20 RADIAL S 22 52 26 E 03 CHORD S 63 20 56 w 13. 19 200 TAN,@PT S 67 07 -04 w SWCOREASE RADIAL S, 22 52 26 E DELTA 13 14 24 RT RADIUS 100.09 N TAN 11. 62 L-ARC 23. 13 RADIAL S 9 38 02 E 00 CHORD S 73 44 46 w 23.08 15 COR PAR 2 TAN@PT S 80 21 58 W 5 TRAV S so 21 58 w 198.56 14 COP PAR 4 TRAV N 0 23 16 w 331.32 13 COR PAR 2 --------------------------------------- LAT DEP -0.00217 0-.00044 3 HCLOSE S 11 27 48 E 0.00 5138 .35896 47 1-0 55861 . 13 PREC = 1 TO 545838 Area = 474.05 sq ft 0.01088 ac, EXHIBIT "B " LEGAL DESCRIPTION COIVIIV ERCIAL PARCEL (PARCEL A) ALL OF PARCEL 2 OF PARCEL MAP NUTv BER 861.9,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN$OOK 97 OF.PARCEL MAPS,.PAGES 81 THROUGH 821 IN Tim OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH ALL THAT PORTION OF LOT 1,BLOCK 54,RANCHO SAN BERNARDINO,IN TIRE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 7 OF MAPS,PAGE 2,24 THE OFFICE OF T'HE COUNTY RECORDER OF SAID COUNTY,TOGETHER DESCRIBED AS FOLLOWS: BEGINNING AT'THE NORTHWESTERLY CORNER OF SAID PARCEL 2,SAID CORNER BEGW THE TRUE POINT OF BEGINNING;THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 2, SOUTH 0023'16"EAST 331.32 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 2;THENCE NORTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 2,NORTH 80021'58"EAST 198.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAV-W A RADIUS OF 100`.09 FEET;THEN CE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2,ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 73 028'21"A DISTANCE OF 128.35 FEET;THENCE NON-TANGENT TO SAID CURVE, NORTHEASTERLY ALONG THE EASTERLY LINE OF SAID PARCEL 2,NORTH 6 053'23" EAST 73.59 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 2; THENCE WESTERLY ALONG A NORTHERLY LINE OF SAID PARCEL 2, SOUTH 80 030'14"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 I AS DESCRIBED IN THAT CERTAIN DEED RECORDED DECEMBER 18,2008 AS DOCUMENT NUMBER 2008-0558484 OF OFFICIAL RECORDS;TFIENCE LEAVING SAID NORTHERLY LINE, ON ALINE NORTHWESTERLY; NORTH 0 026'54"WEST . PARALLEL AND 50.00 FEET EASTERLY OF SAID EASTERLY LINE OF SAID PARCEL 2, SAID LINE BEING THE EASTERLY LINE OF SAID WEST 500.00 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.-001 FEET OF SAID PORTION OF SAID LOT 1 AND THE NORTHERLY LINE OF SAID PARCEL 2, SOUTH 89030'l 4"WEST 148.35 FEET TO THE TRUE POINT OF BEGINNING, TEE ABOVE DESCRIBED PARCEL CONTAINS: 1.532 ACRES MORE OR LESS p;1 LARn PRE 71)D ER MY SUPERVISION: y .'kj.24(u * o N0.4611 � ;* DOUGLAS R. "OR, P.L.S. 4511 DATE Exp.6-30- LICENSE EXPIRES 9-3; '-2012 OF OA��O. EXHIBIT B- I 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;4N 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 THE COUNTY RECORDER .OF SAID COUNTY. EASEMENTS EASEMENTS PLOTTED HEREON PER FIRST LEGEND AMERICAN TITLE INSURANCE COMPANY TILE REPORT I NCS-120064-LA2 DATE) DECEMBER 10, 2004. TPOB = TRUE POINT OF BEGINNING (D EXISTING SOUTHERN CALIFORNIA EDISON EASEMENT -Zr= ABUTTERS RIGHTS OF INGRESS AND. REC. 6-141971 IN BOOK 7687, PAGE 859 O.R. EGRESS TO OR FROM'FREEWAY ADJOINING PLOTTED.HEREON LAND HAVE BEEN REIJNGUISHED PER DOC. REC. 2-5-1962 IN BOOK 5641,PAGE*312 O.R. 0-EXISTING VEHICULAR PARKING SPACES, PEDESTRIAN AND AND BOOK 5083, PAGE 546 RE 4-4-1963, O.R. VEHICULAR INGRESS AND ACCESS EASEMENT REC. 7-30-1985 AS DOC 185-183259 O.R. BLANKET IN NATURE INDICATES NON EXCLUSIVE ACCESS EASEMENT AREA (3) 'PROPOSED SIGN EASEMENT 66,752.74 SQ. FT. OR 1.532 -ACRES PROPERTY OWNER. CPT/SC TITLE HOLDING CORPORATION A CALIFORNIA CORPORATION op p 71RE. DOUG DAIS R. M�_CHIOR DA H09FITALITY LANE C0MMRR= 'PA- RCNL (PARCEL A) PLS 4611 MO-041OR LAND SURVEYING INC. C. t LAW 9URV&Ivm oc 5731 PALMER WAY, SUITE G NQ, 4611 Ey.I-N-12 6781 PALMER WAY, SUITE 0 L.3. 4611 CARLSBAD,. CA 92010 CAIRLSBAD, .CALIFORNIA 92010 760-438-1726 :760) 438-1726 FAX (760) 408-0991 0 ATE OF PREPARATION: to 20 2010 JN 3231-A-CES8-5SMNT.DW0 EXHIBIT B-2 SHEET z OF z SHEETS HOSPITALITY LANE T.-OO --N.W. CORNER N 89'30'14' E — PARCEL 2 1 a PM 8619 z Fq 1 2A� yh1 l- vs 4 � N 89'30'1.4+ E wi. .0 0000 A=7328'21" -U000.0 ' (. R=i . 9 L=128.35' ,98.56 IN ' A CAUf oo STAB OF r. ASSESSOR'S PARCEL NUMBERS: 0141-402-39-0-000 0141-402-06-0-000 PROPERTY OWNER:. CPT/SC TITLE MOLDING CORPORATION A CALIFORNIA CORPORATION p y- Tf7LE: 10- –zoo BOSPITAIITY E D ` It tCI-117— D ATE ap>. LANp C4C 'RCI PARCEL (PA�CE� d} PLS 4611 MELCHIOR LAND SURVEYING INC. �m AMA34M UM o 5731 PALMER -AY, SUITE G No. 46tt c 5741 PALMER WILY, SUITE Q L.S. 4811 CARLSBAD, CA 92010 CARLSBAD, CALIFORKIIA $2010 750-438-1726 q 760) +lab-1TgI, PAX (180) 4ia-5881 DATE OF PRFARA11ON'. 10/20-/2010 -JN- 323l-ACESS-E8MKT D-W0 A14GLE DI ST NORTH EAST T LOT CHECK MODE ENABLED 13 TllRAV S tO 23 16 E 331. 32 1 CDR PAR 14 TRAV N 80 21 58 - E 198 .56 1 CDR PAR RADIAL S 9 38 02 E DELTA 73 25 21 LT RADIU'3 100.09 TAl•l 74.70 L-ARC 128.35 RADIAL S 83 06 23 E 15. CHORD N 43 37 48 E. 119.73 1 CDR PAR T `1 f APT P -6 53 -37 F 17 TRAV N 6 53 23 E 73.59 coR PAR 10 T`:_!',v S 69 30 14 w 140.00 2. Col 2-1 N 0 26 54 w 140.86 2( Col -0 T12AV S 89 30 14 w 148. 35 ill CDR- PAR t' ------------------------- ---------------------- ------------------ LAT & DEP 0.00042 -0,00465 F-'- ^SE IN' 84 49 52 w 0.00 5138. 35396 4710.55-861 11 P-E?*-,-',-,' = 1 TO 248640 Area = 66752.74 sq ft 1.53243 ac LAND SU Exp. OF C 4 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 Bemardino_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.doc 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 12010 (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 PAAgendas\Agenda Attachments\Exhibits\2010\11-15-10 Sign Agreement Exhibit D Hospitality Sign SB Combined.doe i