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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Fred Wilson 0 RIG I N AL
City Manager
Snbject: Resolution approving a license
agreement regarding off-site electronic
message center freeway sign for Arrowhead
Credit Union Park and accepting a deed for
a parcel of land from Arrowhead Central
Credit Union.
Dept: City Manager
Date: September 8, 2006
Synopsis of Previous Council Action:
June 20, 2005 - The Mayor and Common Council approved Development Code Amendment
No. 04-02/Conditional Use Permit No. 04-06 - off-site electronic message center sign for
Arrowhead Credit Union Park.
Recommended motion:
I. Adopt Resolution, and;
2. Authorize the City Clerk to accept a deed for a parcel of land from Arrowhead Central
Credit Union.
Contact person:
Teri Baker
Phone:
5122
Supporting data attached: Staff Report, Resolution, License Ward: 3
Agreement & deed.
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: KtSD'1 J-{)D(o ~oJH
Agenda Item No. / 0
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Resolution approving a license agreement regarding off-site electronic message center freeway
sign for Arrowhead Credit Union Park and accepting a deed for a parcel of land from Arrowhead
Central Credit Union.
BACKGROUND:
In June of2005, the Mayor and Common Council adopted an ordinance amending Chapter 19.22
of the Development Code and approved Conditional Use Permit No. 04-06 for an off-site
electronic message center sign for Arrowhead Credit Union Park. The sign will be installed
adjacent to 1-215 at Valley Street, west of the stadium (Exhibit I). The Development Code
amendment was necessary in order to allow placement of a sign at that location.
Since approval of Conditional Use Permit No. 04-06, Arrowhead Credit Union has modified the
sign and has developed a more modern look. The sign has been designed to resemble a jukebox,
and the color bands around the sign areas are actually neon lights, which will be most visible at
night (Exhibit 2). Although the sign shape has been modified, it is in substantial conformance
with the sign approved by the Mayor and Common Council. The middle portion will contain the
electronic message center. The bottom portion was previously Tri-Vision (rotating sign copy),
but has been replaced with LED lighting signage, a better technology. An advantage of the LED
technology is the ability to modify sign content and "brightness" from a remote location,
consistent with the Conditions of Approval.
The Conditions of Approval also included provisions for wrought iron fencing around the
perimeter of the site and the installation of landscaping and irrigation. Arrowhead Credit Union
has requested that they be permitted to install artificial turf in lieu of grass. The area is relatively
small and artificial turf has improved tremendously in the past few years. In addition, the
artificial turf is relatively maintenance free, attractive, and well suited in a situation such as this.
The site will still be fenced with wrought iron or tubular steel.
Among several other additions to Chapter 19.22, was the addition of Section 19.22.080 (7) (0),
which subjected off-site electronic message center signs to a license agreement with the City.
This amendment required the license agreement to include, but not be limited to, signage
content, "air-time" for public service announcements, and a possible revenue sharing provision.
In order to validate a license agreement for this type of sign, the City must have an interest in
either the property in which the sign is located or in a parcel adjacent to the property in which the
sign is located. If the City has interest in the adjacent parcel to the sign, the City must grant
access to the sign owner to the property in which the sign is located. For that reason, Arrowhead
Credit Union agreed to convey a parcel of land adjacent to the sign property to the City and that
action is covered in this license agreement. As a result, Condition of Approval No.8, requiring
that the two parcels be merged, is not applicable. All other Conditions of Approval are included
in the license agreement or will be met upon installation of the sign.
The attached license agreement provides the following:
1. Convevance of Parcel B to the Citv. As part of this action, the City would grant the sign
owner a license to access, enter upon and use Parcel B at any time for the purposes of
constructing, inspecting, repairing, or maintaining the Sign (which will be located on
Parcel A).
2. Reconvevance of Parcel B. Establishes that within thirty (30) days after the expiration or
the termination of the license agreement the City will convey Parcel B back to the current
owner of Parcel A. The Agreement requires the then current owner of parcel to remove
the sign within 30-days after termination of the license agreement.
3. Commencement Date. The commencement date will be the date in which the City has
issued Building Permit(s) for construction of the Sign, ACU has notified City in writing
that the Sign has been fully constructed, tested and is ready for immediate commercial
use, and when the City has approved final inspection of the construction of the Sign.
4. Term. The Agreement will expire twenty (20) years from the date of the commencement
of the license agreement, unless terminated soon as provided in the Agreement.
5. Sign Installation. Sign owner agrees to install the sign and maintain it in good condition
for twenty (20) years. If the owner sells the sign, the City agrees that owner may assign
and transfer the license agreement to the new owner.
6. Citv Use of Sign. The City will be permitted the right to use the sign three (3) minutes
per every hour of airtime on a "use it or lose it" basis for various community-oriented
messages, informational announcements, and to promote the overall positive image of the
City of San Bernardino.
7. Revenue Sharing. The City will receive revenue from the owner of the sign during the
term of the agreement as follows:
Years
1-3
4-5
6-15
16-20
Amount
$3,000 Annually
$4,000 Annually
$5,000 Annually
$6,000 Annually
8. Sign Content. 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. City and owner agree to meet at least once a year in good faith to
negotiate and discuss the ban on allowing alcoholic beverage advertisements and content.
Once the License Agreement and the deed conveyance have been approved, ACU will proceed
with building permits and construction of the sign.
FINANCIAL IMPACT:
The license agreement provides the City with revenue beginning thirty (30) days after the first
anniversary date of the agreement. Beginning in FY 2007/08 revenue to the City will be as
follows:
Years
1-3
4-5
6-15
16-20
Amount
$3,000 Annually
$4,000 Annually
$5,000 Annually
$6,000 Annually
The revenue will total $122,000 over the twenty (20) year period.
RECOMMENDATION:
1. Adopt Resolution, and;
2. Authorize the City Clerk to accept a deed for a parcel of land from Arrowhead Central
Credit Union.
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II EXHIBIT 1
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Revlsed Sign Design :
Bottom slQn deslQn, deleted saolllnQ billboards and added Double Face EleClronlc
illuminated LED Full Color MessaQe slqn cabinets.
Dra~inQ above Is a artists <<H'Icepuon of sJQn, (olors . sizes. and location wiD \'iVY
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AOOlIl!SS: '>an HPmJm11no (allf(W'nla
COii.lItEIlfltl., NfO'Mlead credit Dark 103176-281
CATtOJl.l.WIt hJQ/fifi U!lWIetltO.:
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SMlSP!1lSOIt Lanv DAIl~ItO., (03116-1111
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EXHIBIT 2
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING A LICENSE AGREEMENT REGARDING
OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN FOR
ARROWHEAD CREDIT UNION PARK AND ACCEPTING A DEED FOR A PARCEL
OF LAND FROM ARROWHEAD CENTRAL CREDIT UNION
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City a license agreement regarding an offsite electronic
message center freeway sign at Arrowhead Credit Union Park. A copy of said license
agreement is attached as Exhibit "I", and is incorporated herein.
SECTION 2. The authorization to execute the above-referenced license agreement is
rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING A LICENSE AGREEMENT REGARDING
OFF-SITE ELECTRONIC MESSAGE CENTER FREEWAY SIGN FOR
ARROWHEAD CREDIT UNION PARK AND ACCEPTING A DEED FOR A PARCEL
OF LAND FROM ARROWHEAD CENTRAL CREDIT UNION
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on the
_ day of
, 2006, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
VACANT
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2006.
Patrick Morris, Mayor
City of San Bernardino
Approved as to Form:
.
JAMES F. PENMAN,
City Attorney
By: ( .~~? --:) (~")'""6
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LICENSE AGREEMENT REGARDING OFF-SITE ELECTRONIC MESSAGE
CENTER FREEWAY SIGN FOR ARROWHEAD CREDIT UNION PARK
THIS LICENSE AGREEMENT (the "Agreement") is entered into and effective as of
, 2006, at San Bernardino County, California, by and between the City of San
Bernardino, a municipal corporation and a charter city, ("City''), and Arrowhead Central Credit Union,
a State chartered credit union, ("Owner''), 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 near the Arrowhead Credit Union Park (the "Park'').
B. City and Owner (collectively, the "Parties'') have determined that an Off-Site Electronic
Message Center Freeway Sign (the "Sign'') is necessary to increase awareness of the Park.
C. Increased awareness of the Park will result in increased sales and will thereby benefit both
Owner and City through increased sales tax revenue.
D. This Agreement is intended to set forth the terms and conditions regarding the
development, maintenance and use of the Sign on the Real Property.
E. In addition to increased sales tax revenue, City will receive benefits from this Agreement in
the form of (i) increased use of the adjacent sports facility owned by City; (ii) revenue sharing from the
Sign; and (iii) the City's opportunity to display community-oriented messages, informational
announcements, and to promote the overall positive image of the City of San Bernardino on the Sign -
all as set forth in this Agreement.
F:\EMPENO\FD ACCU City sign license agr FINAL 9.J4-06.doc
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F. On June 20, 2005, the Mayor and Common Council of the City approved Development
Code Amendment No. 04-02 and Conditional Use Permit No. 04-06, to allow construction of the Sign
on the Real Property.
G. Both Development Code Amendment No. 04-02 and Conditional Use Permit No. 04-06
require that the Sign be subject to a license agreement with the City as approved by the City's Mayor
and Common Council.
H. This Agreement satisfies that requirement for a license agreement as stated in Development
Code Amendment No. 04-02 and Conditional Use Permit No. 04-06.
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. Real Property Matters. The Real Property consists of two (2) separate legal parcels. As
indicated on Exhibit "A" these parcels shall be referred to herein as "Parcel A" and "Parcel B." The
Sign will be constructed on Parcel A.
1.1 Convevance of Parcel B. Prior to the Commencement Date (as hereinafter
defined), Owner will convey Parcel B to City pursuant to the grant deed attached hereto as Exhibit "B"
(the "Parcel B Deed"). Except as expressly stated in the Parcel B Deed, the conveyance will be
without any express or implied representations and/or warranties by Owner. This conveyance is for
the sole purpose of placing title to Parcel B in the City's name so that the provisions of this Agreement
will constitute covenants that run with the land as to Parcel A and Parcel B. 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 Parcel B. During City's ownership of Parcel B, (a)
City shall not create or permit any lien, claim or title exception to arise as to Parcel 8 without Owner's
F:\EMPENO\FD ACCU City Sign license agr FINAL 9-14-06.doc - 2 -
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express prior written consent; and (b) if requested in writing by Owner, City shall promptly execute
and deliver easements and other documents applicable to Parcel B.
1.2 License Granted. During the City's ownership of Parcel B, City hereby grants
Owner a license to access, enter upon and use Parcel B at any time for the purposes of constructing,
inspecting, repairing, or maintaining the Sign. No fee or other charge shall be payable to the City in
connection with the license.
1.3 Memorandnm of License Al!reement. Attached hereto as Exhibit "C" is a
Memorandum of License Agreement (the "Memorandum ''). Concurrently with Owner's execution of
the Parcel B Deed, Owner and City shall execute (with signatures duly notarized) the Memorandum.
Concurrently with the recordation of the Parcel B Deed, the Parties shall cause the Memorandum to be
recorded in the Office of the San Bernardino County Recorder (immediately following the Parcel B
Deed).
1.4 Reconvevance of Parcel B. Within thirty (30) days after the expiration or the
termination of the Term (as hereinafter defined), City shall convey Parcel B to the person and/or entity
that then owns Parcel A, pursuant to a grant deed in the form of Exhibit "D" attached hereto (the
"Parcel B Reconveyance Deed''). City shall cause title to Parcel B to be free and clear of all
exceptions to title other than those that existed when Owner conveyed Parcel B to City.
I.S Termination of Memorandum. Concurrently with City's execution of the Parcel
B Reconveyance Deed, City and the then Owner of Parcel A shall execute (with signatures duly
notarized) a notice of termination of the Memorandum in the form of Exhibit "E" attached hereto (the
"Termination of Memorandum ''). Concurrently with the recordation of the Parcel B Reconveyance
Deed, the Parties shall cause the Termination of Memorandum to be recorded in the Office of the San
Bernardino County Recorder (immediately preceding the Parcel B Reconveyance Deed).
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1.6 Costs and Fees. Recording costs, documentary transfer taxes and other out of
pocket expenses incurred in connection with the subsections set forth above shall be paid fifty percent
(50%) by City and (50%) by Owner.
1.7 Covenants 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 and Parcel B during such ownership.
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 expire twenty (20) years thereafter, unless terminated sooner pursuant to Paragraph 8,
herein.
4. Sil!n Installation.
A. Owner agrees to install and maintain in good condition for twenty (20) years from the date of
this Agreement, the Sign visible to motorists on 1-215 as approved by the City with Conditional Use
Permit No. 04-06. 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 approval of all applicable
governmental agencies which approvals shall not be unreasonably withheld. As of the
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Commencement Date of this Agreement, City acknowledges that the sign complies with all
applicable ordinances, orders, 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 duringthe term of this Agreement:
5. City Use of SiI!D.
For the twenty (20) year 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.
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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 re-
programming of the Sign twice per month, generally on the 1st day and the 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 p.m.
6. Revenue Sharin!!.
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
e 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 N D Street
San Bernardino, CA 92408
.
7. Si!!n Content.
Owner and City agree to comply with all applicable laws, rules, ordinances and
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regulations concerning the content of any and all messages displayed on the Sign. Further,
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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. 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.
8. 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 provided notice to Owner of the breach and a reasonable
opportunity for Owner to cure the breach. An opportunity shall be considered reasonable if Owner is
afforded at least 30 days to cure any alleged breach except that as to any breach related to sign content,
Owner shall immediately cure the breach upon notice provided by City. The terms of this contract shall
remain in force unless mutually amended. In the event of termination of this Agreement, Owner shall
remove the Sign within 30 days.
9. Indemnitv.
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
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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.
City may access Owner's property (Parcel A) 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.
10. 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 Manager prior
to undertaking any work under this Agreement. City shall be set forth as an additional named
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insured in each policy of insurance provided hereunder. The Certificate ofInsurance furnished to
the City shall require the insurer to notify City of any change or termination in the policy.
] 1. 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.
]2. No Emplovment.
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.
13. 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:
Arrowhead Central Credit Union
Attn: Legal/Compliance Dept.
550 E. Hospitality Lane, Ste. 200
San Bernardino, CA 92408
Nothing in this paragraph shall be construed to prevent the giving of notice by personal service.
14. Mediation and Arbitration.
If a dispute, claim or controversy arises out of or related to this Agreement, or the breach thereof,
the parties agree first to try in good faith to settle the dispute by mediation before resorting to
arbitration. Should the parties fail to settle the matter by mediation, then any dispute, claim or
controversy arising out of or relating to this Agreement or the breach, termination, enforcement,
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e interpretation or validity thereof, including the determination of the scope or applicability of this
agreement to arbitrate, shall be determined by arbitration in the City of San Bernardino and
administered by Judicial Arbitration Mediation Services (JAMS), Inland Empire, pursuant to its
Comprehensive Arbitration Rules and Procedures or Streamlined Arbitration Rules and Procedures.
Judgment on the Award may be entered in any court having jurisdiction. This clause shall not
preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate
jurisdiction.
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IS. 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 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 legal counsel shall be considered
attorneys' fees for the purposes of this Agreement.
16. Miscellaneous. Each and all of the provisions hereof shall be binding upon and inure to the
benefit of all successors and assigns. 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
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F:\EMPENO\FD ACCU City sign license agr FINAL 9-14-Qb.doc - 10 -
e 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.
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F:\EMPENO\FD ACCU City sign license agr FlNAL 9.14.06.doc - 11 -
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LICENSE AGREEMENT REGARDING OFF-SITE ELE4CTRONIC MESSAGECENTER
FREEWAY SIGN FOR ARROWHEAD CREDIT UNION PARK
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
Patrick Morris, Mayor
ATTEST:
CENTRAL
ARROWHEAD
CREDIT UNION
By:
By:
Larry H. Sharp, President/CEO
APPROVED AS TO FORM :
)
I .t>.. ~ 'I-'~' .
By:
James F. Penman
City Attorney
f:\EMPENO\FD ACCU City sign license agr FINAL 9-14-06.doc - 12 -
Exhibit "A"
e RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
AND MAIL TAX STATEMENTS TO
e
NAME Arrowhead Central Cred~ Union c/o LegaVCompliance Dept.
ADDRESS 550 E. Hosp~ality Lane, Ste. 200
I COpy of Document Recorded
,on-1/.i/J.()()l' ~;(Xp147Yb
/' ilas not been compared y.1th original.
, SAN BERNARDINO COUNTY
-..--..----.-..-.- ..-
CITY
STATE & ZIP San Bernardino, CA 92408
TITLE ORDER NO.
GRANT DEED
APN NO. 0136-084-04-0000 & 0136-084-05-0000
ESCROW NO.
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX is $ 0 per RTC i 11925(d) CITY TAX $ 0
o computed on ful value of property conveyed. or computed on full value less value of liens or encumbrances remaining al time of sale,
D Unincorporated area: 0 City of ,and
~ "Th,:S /$ 1-0 Llf'ecf an in.f~-,,"copora:h.. I-r~1'1 S' t;,....
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, r-
ARROWHEAD FINANCIAL GROUP, INC.,
a corporation organized and existing under and by virtue of the laws of the State of California
hereby GRANT(s) to ARROWHEAD CENTRAL CREDIT UNION,
a corporation organized and existing under and by virtue of the laws of the State of California
the following described real property in the County of SAN BERNARDINO State of California See Exhibit "A"
Dated AUGUST 31, 2006
This oocumelllllled tcr l1Cord by
Commonweallh Land Title Con1lany . ..
a=mrnoclalion only. " has IlOl beon
..amined as II ils IXICUtion or. tl
ilS eIlect UjlOI1 the lIlIe.
STATE OF CALIFORNIA }
COUNTY OF } 5.5.
befi'! me, (-t"~ ~/iJtjI/(/nlf; j/t;IiT"1 f/dJlti
nm/y. . V. ~
personally known to me (
the withi . slrlJment and acknowledged 10 me tha the
Itheir ignatllIlllil.Pn the inslrlJment the pers~, or
ment.
WITNESS my hand and official seal.
) to be the pers~ whose nam..!W i ar subscnbed to
xecuted Ihe same inJlisjbe~uthorized ca aci I , and that by
e entIty upon behalf of whIch the persoJll:;) acted,executed the Instru-
. ..-.(id4f ~/l;~
ru-~~~~-----
.~~~~~Dll
Notay I'IJbIIc . CoIIomIo $
scn Bem..o.JlloO Counly -
MvCorTrn.~SlplQzm
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EXHIBIT "A"
All that certain real property situated in the County of San Bernardino, State of
California, described as follows:
Lots 2 and 3 of Tract No. 1728, Walkinshaw Subdivision #2, in the City of San
Bernardino, County of San Bernardino, State of California, as per map recorded in Book
34, Page 3 of Maps, in the office of the County Recorder of said County.
Except that portion of Lot 3 conveyed to the State of California for public highway by
deed recorded December 9,1955 in Book 3808, Page 9 of Official Records.
Also, Except that portion of Lots 2 and 3 conveyed to the State of California by deed
recorded October 19, 2005 as Instrument No. 2005-0780662 of Official Records.
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Exhibit "B"
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
AND MAIL TAX STATEMENTS TO
NAME City of San Bernardino c/o City Manager's Office
ADDRESS 300 N. "D" Street
CITY
STATE & ZIP San Bernardino, CA 92408
GRANT DEED
TITLE ORDER NO.
APN NO, 0136-084-04-0000
ESCROW NO,
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX is $ 0 CITY TAX $ 0
o computed on full value of property conveyed, or computed on full value less value of liens or encumbrances remaining at time of sale,
o Unincorporated area: 0 City of ,and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
ARROWHEAD CENTRAL CREDIT UNION
a corporation organized and existing under and by virtue of the laws of the State of California
hereby GRANT(s) to CITY OF SAN BERNARDINO
a municipal corporation and charter city
the following described real property in the County of SAN BERNARDINO State of California
as more fully described in the attached Exhibit "A" and as referenced in the Memorandum of License as "Parcei B" attached as Exhibit "B"
ARROWHEAD CENTRAL CREDIT UNION
Dated SEPTEMBER 18,2006
By:
By:
STATE OF CALIFORNIA
COUNTY OF
}
}S.S.
ON before me,
(here insert name and title of the officer), personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by
his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instru-
ment.
WITNESS my hand and official seal.
e Signature
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EXHIBIT "A"
All that certain real property situated in the County of San Bernardino, State of
California, described as follows:
Lot 3 of Tract No. 1728, Walkinshaw Subdivision #2, in the City of San Bernardino,
County of San Bernardino, State of California, as per map recorded in Book 34, Page 3 of
Maps, in the office of the County Recorder of said County.
Except that portion of Lot 3 conveyed to the State of California for public highway by
deed recorded December 9, 1955 in Book 3808, Page 9 of Official Records.
Also, Except that portion of Lot 3 conveyed to the State of California by deed recorded
October 19,2005 as Instrument No. 2005-0780662 of Official Records.
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Exhibit "e"
Recording Requested By And
When Recorded Return To:
David A. Brewer, Esq.
Moore, Brewer, Jones & Tyler
4180 La Jolla Village Dr., Suite 540
La Jolla, CA 92037
MEMORANDUM OF LICENSE AGREEMENT
THIS MEMORANDUM OF LICENSE AGREEMENT (the "Memorandum") is entered
into and effective as of September 18, 2006, at San Bernardino, California, by and between the
CITY OF SAN BERNARDINO (City'~, and ARROWHEAD CENTRAL CREDIT UNION
("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'l City is the owner of
that real property situated in San Bernardino County, California, and identified as Parcel B in the
legal description attached hereto as Exhibit "A" and incorporated herein by reference ("Parcel
B'l Parcel A and Parcel B are collectively referred to herein as the "Real Property."
2. License Al!:reement. City and Owner have entered into a written License Agreement
Regarding Off-Site Electronic Message Center Freeway Sign for Arrowhead Credit Union Park
dated as of September 18, 2006 (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.
3. Termination. This Memorandum shall be null and void and shall cease to impact the
Real Property when City and Owner (or their respective successors in interest to the Real
Property) execute and record with the San Bernardino County Recorder a written notice stating
that the License Agreement has terminated (the "Termination of Memorandum'l
4. Interpretation. This Memorandum is solely for the purpose of providing notice of
the foregoing matters. Nothing contained herein shall alter the terms and provisions of the
License Agreement.
5. Warranty of Authoritv. 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.
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IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date of
this Memorandum.
"'City"
The City of San Bernardino
By
Its
.'Owner"
Arrowhead Central Credit Union
By
Its
.
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Exhibit "D"
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
AND MAIL TAX STATEMENTS TO
NAME
ADDRESS
CITY
STATE & ZIP
GRANT DEED
TITLE ORDER NO. XXXX
ESCROW NO. XXXXX
APN NO. 0136-084-04-0000
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX is $ CITY TAX $
o computed on full value of property conveyed. or computed on full value less value of liens or encumbrances remaining at time of sale,
o Unincorporated area: 0 City of ,and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF SAN BERNARDINO
a ..................................... organized and existing under and by virtue of the laws of the Stale of California
hereby GRANT(s) to xxxxxxxxxxxx
a ................................ organized and existing under and by virtue of the laws of the State of California
the following described real property in the County of SAN BERNARDINO State of California
as more fully described in the attached Exhibit "A" and as referenced in the Termination of Memorandum as "Parcel B" attached as Exhibit "B"
CITY OF SAN BERNARDINO
Dated
By:
By:
STATE OF CALIFORNIA
COUNTY OF
}
}S.S.
ON before me.
(here insert name and title of the officer), personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persan(s) whose name(s) is/are subscribed 10
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacily(ies), and thai by
his/her/their signature(s) on the instrument the persan(s), or the entity upon behalf of which the persan(s) acted,executed the instru-
ment.
WITNESS my hand and official seal.
e Signature
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EXHIBIT "A"
All that certain real property situated in the County of San Bernardino, State of
California, described as follows:
Lot 3 of Tract No. 1728, Walkinshaw Subdivision #2, in the City of San Bernardino,
County of San Bernardino, State of California, as per map recorded in Book 34, Page 3 of
Maps, in the office of the County Recorder of said County.
Except that portion of Lot 3 conveyed to the State of California for public highway by
deed recorded December 9, 1955 in Book 3808, Page 9 of Official Records.
Also, Except that portion of Lot 3 conveyed to the State of California by deed recorded
October 19, 2005 as Instrument No. 2005-0780662 of Official Records.
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Exhibit "E"
Recording Requested By And
When Recorded Return To:
David A. Brewer, Esq.
Moore, Brewer. Jones & Tyler
4180 La lolla Village Dr.. Suite 540
La lolla. CA 92037
TERMINA nON OF MEMORANDUM OF LICENSE AGREEMENT
THIS TERMINATION OF MEMORANDUM OF LICENSE AGREEMENT (the
"Termination of Memorandum") is entered into and effective as of , at San
Bernardino, California, by and between the CITY OF SAN BERNARDINO (City'~, and
ARROWHEAD CENTRAL CREDIT UNION ("Owner'~, for the purpose of providing notice of
the following matters:
1. Identification of Real Prooertv. 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'} City is the owner of
that real property situated in San Bernardino County, California, and identified as Parcel B in the
legal description attached hereto as Exhibit "A" and incorporated herein by reference ("Parcel
B'} Parcel A and Parcel B are collectively referred to herein as the "Real Property."
2. License Al!reement. City and Owner entered into a written License Agreement
Regarding Off-Site Electronic Message Center Freeway Sign for Arrowhead Credit Union Park
dated as of , 2006 (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 tenninated. The License Agreement and
the Memorandum are null and void and no longer impact the Real Property.
4. Interoretation. This Tennination of Memorandum is solely for the purpose of
providing notice of the foregoing matters. Nothing contained herein shall alter the tenns and
provisions of the License Agreement.
5. Warranty of Authoritv. Each person executing this Tennination of 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.
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IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date of
this Memorandum.
HCity"
The City of San Bernardino
By
Its
"Owner"
Arrowhead Central Credit Union
By
Its
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Recording Requested By And
When Recorded Return To:
David A. Brewer, Esq.
Moore, Brewer. Jones & Tyler
4180 La Jolla Village Dr., Suite 540
La Jolla. CA 92037
MEMORANDUM OF LICENSE AGREEMENT
THIS MEMORANDUM OF LICENSE AGREEMENT (the "Memorandum') is entered
into and effective as of September 18,2006, at San Bernardino, California, by and between the
CITY OF SAN BERNARDINO (City'), and ARROWHEAD CENTRAL CREDIT UNION
("Owner'), for the purpose of providing notice of the following matters:
1. Identification of Real Propertv. 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''). City is the owner of
that real property situated in San Bernardino County, California, and identified as Parcel B in the
legal description attached hereto as Exhibit "A" and incorporated herein by reference ("Parcel
B''). Parcel A and Parcel B are collectively referred to herein as the "Real Property."
2. License Al!reement. City and O\\ner have entered into a written License Agreement
Regarding Off-Site Electronic Message Center Freeway Sign for Arrowhead Credit Union Park
dated as of September 18, 2006 (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
3. Termination. This Memorandum shall be null and void and shall cease to impact the
Real Property when City and Owner (or their respective successors in interest to the Real
Property) execute and record with the San Bernardino County Recorder a written notice stating
that the License Agreement has terminated (the "Termination of Memorandum'').
4. Interpretation. This Memorandum is solely for the purpose of providing notice of
the foregoing matters. Nothing contained herein shall alter the terms and provisions of the
License Agreement
5. Warranty of Authoritv. 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.
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IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date of
this Memorandum.
"City"
The City of San Bernardino
By
Its
"Owner"
Arrowhead Central Credit Union
By
Its
.
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