HomeMy WebLinkAbout2000-261
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RESOLUTION NO. 2000-261
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH COX PCS ASSETS, L.L.C., ALSO KNOWN AS
4 SPRINT PCS, RELATING TO CERTAIN CITY-OWNED REAL PROPERTY
SITUATED AT THE NORTHWEST CORNER OF SECOND STREET AND MERIDIAN
5 AVENUE (A PORTION OF NICHOLSON PARK).
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. That the Mayor and Common Council of the City of San Bernardino is
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hereby authorized and directed to execute, on behalf of said City, a Lease relating to that certain
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City-owned real property located at the Northwest corner of Second Street and Meridian Avenue,
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12 a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as
13 fully as though set forth at length and a Memorandum of Lease, marked Exhibit "B" and
14 incorporated herein by reference as fully as though set forth at length
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SECTION 2. The authorization to execute the above-referenced agreement is rescinded
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18 resolution.
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if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
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07/05100
2000-261
RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE WITH COX PCS ASSETS, L.L.C.,
(SPRINT PCS) FOR PROPERTY LOCATED AT THE NWC OF SECOND STREET & MERIDIAN
A VENUE (NICHOLSON PARK)
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4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at aJoint Regular
meeting thereof
, 20~, by the following vote, to
NAYS
ABSTAIN ABSENT
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The foregoing resolution is hereby approved this
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,20 00 .
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25 and legal content:
Gordon McGinnis
Mayor Pro Tern
26 JAMES F. PENMAN
City Attorney
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07/05/00
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~
2000-261 .
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into
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LEASE
COMMUNICATIONS SITE LEASE AGREEMENT
THIS COMMUNICATION SITE LEASE AGREEMENT (Lease), is made and entered
this rJ-illl./l} day of C<!t ~J\.-. , 20~, by and
between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as
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7 "Lessor", and Cox PCS Assets, L.L.C., a Delaware Limited Liability Company, also known as
8 Sprint PCS, hereinafter referred to as "Lessee".
9 RECITALS
10 This Lease is made and entered into with respect to the following facts:
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(a)
Lessor is the owner of the Premises herein described.
(b)
Lessee has requested permission to construct a mobile/wireless communications
facility to be located in the Southwesterly portion of Nicholson Park, and Lessor is willing to
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15 lease the Premises to Lessee upon the terms and conditions hereinafter set forth.
16 (c) Lessee believes that the facility will not interfere with the Department of Parks
17 and Recreation's operations or the public's use of the park.
18 (d) This Lease is conditioned upon Lessee, or Lessee's asstgns, obtaining all
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ovemmental permits and approvals enabling Lessee, or its assigns to construct and operate
obile/wireless communications facilities on the Premises.
NOW THEREFORE, the parties hereto agree as follows:
I. Prooertv Leased:
Lessor hereby leases to Lessee, and the Lessee hereby leases from Lessor, a 17' x
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25 17' (seventeen foot by seventeen foot) area adjacent to the Westerly boundary line of Nicholson
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ark, West of Meridian Avenue, and approximately 500' (five hundred feet) North of Second
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LEASE - Cox/Sprint PCS
15.06-148
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Street, described as follows:
That portion of the East Y, of Lot 78 of the Town of Rialto and adjoining
subdivisions, as per plat thereof recorded in Book 4 of Maps, Page 11, in
the Office of the County Recorder of San Bernardino County, State of
California, described as follows:
Commencing at the intersection of the North line of Second Street and the
West line of the East Y, of said Lot 78; thence North along said West line,
a distance of 500.00 feet to the True Point of Beginning; thence East at
right angles to said West line, a distance of 17.00 feet; thence South and
parallel with said West line, a distance of 17.00 feet; thence West at right
angles, a distance of 17.00 feet to the West line of said East Y, of Lot 78;
thence North along said West line, a distance of 17.00 feet to the True
Point of Beginning.
Said Premises includes any appurtenant facilities and applicable easements for access and
utilities, as delineated in Exhibit "A" attached hereto.
2. Term:
The term of this Lease shall be five (5) years, commencing with the issuance of a
local building permit allowing Lessee to construct its mobile/wireless communications facilities
on the Premises, or the date both Lessor and lessee have executed said Lease ("Commencement
Date"), whichever is earlier. Lessee shall have the right to extend. Lessee shall have the right to
extend the term of this Lease for five (5) additional terms of five (5) years each. Each renewal
term shall be on the terms and conditions set forth herein. This Lease shall automatically be
extended for each successive five (5) year renewal term upon Lessor's receipt of Lessee's written
notification of intention to renew no later than ninety (90) days prior to the expiration of the first
five (5) year term or any renewal term. In the event the Lessee decides not to extend this Lease,
hen Lessee shall notify the Lessor in writing of Lessee's intention not to extend this Lease at
east ninety (90) days prior to the expiration of the first five (5) year term or any renewal term.
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117/2000
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3 Lease Pavments:
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(a)
Lessee shall pay Lessor the sum of three hundred dollars ($300.00) for a
3 document preparation fee upon the Commencement Date of said Lease. In the event the Lease
4 is terminated as a result of testing as set forth in Paragraph 5(a), Lessor shall retain the
5 document preparation fee of$300.00 for work performed.
6 (b) Upon the Commencement Date, Lessee shall pay Lessor as rent, the
7 annual sum of $9,600.00, payable in monthly installments. The monthly installments shall be
in the amount of $800.00 each, due and payable on or before the Commencement Date, and on
the same date of each month thereafter.
Payments shall be directed to:
City of San Bernardino
Development Services Department/Real Property Section
300 North "D" Street
San Bernardino, CA 92418
(c)
Rent shall be increased at the beginning of each renewal term by the
16 amount equal to fifteen percent (15%) of the rent for the previous term or renewal term.
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he provisions of mobilelwireless communications services, including without limitation, the
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Use Restrictions:
The Premises may be used by Lessee for any lawful activity in connection with
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ransmission and the reception of radio communication signals on various frequencies, and the
onstruction, maintenance and operation of related communications facilities. Lessor agrees to
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23 ooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses,
24 ermits, and any and all other necessary approvals that may be required for Lessee's intended
25 se of the Premises.
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15.06-148
5. Improvements:
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Commencement Date, to enter the Premises for the purpose of making necessary engineering
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4 surveys and inspections (and soil tests where applicable) and other reasonably necessary tests
(a)
Lessee shall have the right (but not the obligation) at any time prior to the
5 ("Tests") and for the purpose of determining the suitability of the Lessee Facilities (as defined
6 herein) for mobile/wireless communications operations. During any Tests, Lessee shall have
7 insurance as set forth in Paragraph 10, and will notify Lessor of any proposed tests, and will
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coordinate the scheduling of same with Lessor. If Lessee determines that the Premises are
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11 terminate. Lessee shall restore the Premises to the condition it was in prior to conducting the
unsuitable for Lessee's contemplated use, then Lessee will notify Lessor and this Lease shall
12 Tests.
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(b)
Lessee shall have the right to erect, maintain and operate on the Premises,
14 radio communications facilities, including but not limited to radio frequency transmitting and
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receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and
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connection therewith, Lessee has the right to do all work necessary to prepare, add, maintain and
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19 alter the Premises for Lessee's business operations and to install utility lines and transmission
receiving antennas and supporting structures and improvements ("Lessee Facilities").
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20 lines connecting antennas to transmitters and receivers. All of Lessee's construction and
21 installation work shall be performed at Lessee's sole cost and expense and in a good
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orkmanlike manner. Lessee shall hold title to the Lessee Facilities and any equipment placed
n the Premises by Lessee. All of Lessee Facilities shall remain the property of Lessee and are
ot fixtures. Lessee has the right to remove all Lessee Facilities at its sole expense on or before
he expiration or earlier termination of this Lease. Lessee shall not make any material alterations
o the Premises, or any part thereof, other than as set forth in Paragraph 5 herein, without the
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15.06-148
prior written consent of Lessor. Any and all alterations and/or improvements made to the
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termination of this Lease, be removed from the Premises, and the land returned to its previous
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Premises pursuant to this section, including but not limited to Lessee Facilities, shall, upon
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(c)
Lessor shall provide to Lessee, Lessee's employees, agents and
6 subcontractors, access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no
7 charge to Lessee. Lessor represents and warrants that it has full rights of ingress to and egress
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from said Premises, and shall allow Lessee access from the nearest public roadway to the
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11 (twenty foot) strip adjacent to the West line of Nicholson Park, to the extent required to maintain,
12 install and operate the Lessee Facilities on the Premises, including, but not limited to, temporary
13 use of a 9' x 19' (nine foot by nineteen foot) area adjacent to Lessee Facilities for emergency
14 generator parking on an as-needed basis only. Lessee shall repair any damages Lessee, its
15 agents, employees, officers, or contractors cause to said above ingress and egress area.
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19 permits and approvals and necessary third-party consents ("Approvals") allowing Lessee to
Premises at all times, and hereby grants such ingress and egress rights to Lessee along a 20'
(d)
Visual Mitigation:
Lessee will use its best efforts to obtain all necessary governmental
20 install visual mitigation improvements and camouflaging ("Camouflaging") onto the monopole.
21 Such Camouflaging will be commercially and economically practicable and of a type that is
22 available and customary in the industry at the time of such installation. Such improvements and
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amouflaging will not materially interfere with the operations of Lessee or other communications
arriers at the Premises. Lessee will apply for all necessary Approvals to allow the installation
f camouflaging onto the monopole within ninety (90) days of the Commencement Date and
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Lessee will complete installation of the camouflaging within one hundred eighty (180) days of
obtaining all Approvals allowing installation of the camouflaging. If Lessee fails to obtain all
reasonable time, have the right to go upon the Premises upon notice to Lessee, and inspect and
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Lessee shall have the right to install utilities, at Lessee's expense, and to improve
14 the present utilities on or near the Premises (including, but not limited to the installation of
15 emergency power generators), subject to Lessor's approval of the location, which approval shall
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not be unreasonably withheld.
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19 services and utilities, including service installation fees and charges for such utilities used by
20 Lessee during the term of this lease.
Lessee shall pay for all electricity, gas, water, telephone service, and all other
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Liens and/or Encumbrances:
Lessee shall payor cause to be paid, all costs of construction and/or installation of
f utilities by Lessee. This Lease shall be subordinate to any lien, mortgage or deed of trust
urrently on record against said Property.
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9. Permits and Fees:
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Lessee shall pay all license fees, assessments, taxes, penalties or fines which may
be levied against Lessee by virtue of the installation of Lessee's leasehold improvements.
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10. Liabilitv Insurance:
Lessee agrees to procure and maintain in force during the term of this Lease and
6 any extension, at its own expense, the following insurance in companies approved by Lessor,
7 adequate to protect against liability for damage claims arising in or around the Leased premises;
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(I) Commercial General Liability with limits of five million dollars ($5,000,000.00) per
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occurrence, (2) Automobile Liability with a combined single limit of one million dollars
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11 ($1,000,000.00) per accident, and (3) Worker's Compensation Insurance as required by law and
12 Employers' Liability with limits of one million dollars ($1,000,000.00) per occurrence. Lessee
13 shall provide to Lessor a certificate of insurance and an additional insured endorsement which
14 provides:
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(a)
On the Commercial General Liability policy that the City of San
Bernardino is named as an additional insured.
(b) The certificates will include the insurance company name, policy number,
19 period of coverage, and the amount of insurance.
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(c)
That the Real Property Section of the City of San Bernardino must be
21 given notice in writing at least thirty (30) days prior to cancellation, material change, or refusal
22 0 renew the policy.
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(d)
That Lessee's insurance will be primary to any coverage the City of San
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15.06-148
II. Indemnification:
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3 agents, boards, officers, employees, representatives or contractors, Lessee shall defend,
4 indemnify, and hold harmless Lessor, its agents, boards, officers, employees, representatives, or
Except to the extent of the negligence or willful misconduct of Lessor or its
5 contractors against any and all claims, suits, damages for personal injury, including death,
6 property damage, demands, loss or liability of any kind or nature arising from Lessor's approval
7 of this Lease or from Lessee's operations under this Lease.
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11 interest subject to property taxation, and that the Lessee may be subject to the payment of
12 property taxes levied on such interest. Lessee agrees to, and shall hold harmless, Lessor from
13 any and all liability for any such taxes due by virtue of Lessee's Facilities.
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Taxes/Possessorv Interest:
(a)
Lessee recognizes and understands that this Lease may create a possessory
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(b) Lessor warrants that it has full right, power and authority to execute this
Lease. Lessor further warrants that Lessee shall have quiet enjoyment of the Premises during the
term of this Lease or any renewal thereof.
13. Comoliance with Laws:
Lessee shall not violate any applicable law of the City, State or Federal
20 governments in conducting its operations under this Lease.
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14. No Sublease or Assignment:
Lessee shall not sublet the premises, or any part thereof, or assign this Lease,
ithout Lessor's prior written consent, which consent shall not be unreasonably withheld.
otwithstanding the foregoing, Lessee may assign or sublet this Lease to any subsidiaries,
orporate affiliate or successor legal entities of Lessee, or any purchaser of all, or substantially
II, of Lessee's stock or assets; provided, however, within thirty (30) days of such assignment or
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sublet, Lessee shall provide written notification to Lessor stating the name, address, contact
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person and any other pertinent information regarding said corporate affiliate or purchaser.
15. Default:
Either party shall have the right to terminate this Lease, and upon the effective
5 date of such termination, Lessor shall have the right of immediate occupancy of the Premises in
6 the event the other party violates any of this Lease's terms or conditions, and such violation is
7 not corrected within thirty (30) days after written notice is sent by the non-breaching party. Such
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termination shall not relieve either party from liability for damages for breach of this Lease or for
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injury to the Premises.
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Envirornnental:
Lessor represents that the Premises have not been used for the generation, storage,
13 treatment or disposal of hazardous substances, hazardous materials or hazardous wastes. In
14 addition, Lessor represents that no hazardous materials, hazardous substances, hazardous wastes,
15 pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude
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oil or any fraction or derivative thereof) or underground storage tanks are located on or near the
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19 representations stated herein as material inducement for entering into this Lease.
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Premises.
Notwithstanding any other provision of this Lease, Lessee relies upon the
Lessee shall not bring any hazardous materials onto the Premises except for those
21 contained in its back-up power batteries (lead-acid batteries) and common materials used in
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elecommunications operations, e.g., cleaning solvents. Lessee shall treat all hazardous materials
rought onto Premises by it in accordance with all federal, state and local laws and regulations.
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15.06-148
17. Amendment:
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3 by both parties. Failure on the part of either party to enforce any provision of this Lease shall not
4 be construed as a waiver of the right to compel enforcement of such provision or provisions.
5 (b) If any provision of the Lease agreement is invalid or unenforceable with
(a)
This Lease may be amended or modified only by written agreement signed
6 respect to any party, the remainder of this Lease or the application of such provision to persons
7 other than those as to whom it is held invalid or unenforceable, shall not be affected and each
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provision of this Lease shall be valid and enforceable to the fullest extent permitted by law.
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12 notice as follows: (i) by either party upon a default of any covenant, condition or term hereof by
13 the other party, which default is not corrected within thirty (30) days of receipt of written notice
14 of default; (ii) by Lessee, if it does not obtain or maintain licenses, permits or other approvals
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Termination:
This Lease may be terminated by Lessee or by Lessor, on thirty (30) days written
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necessary to the construction or operation of Lessee's Facilities; or (iii) by Lessee, if Lessee is
unable to use the site because of economic, technological or environmental reasons or utilize the
Premises due to a ruling or directive of the FCC or other governmental or regulatory agency. If
after the Commencement Date, Lessee provides thirty (30) days written notice to Lessor of
20 termination of this Lease due to the reasons set forth in (i), (ii) or (iii), above, Lessee shall pay
21 Lessor an amount equal to one (I) year or twelve (12) months rent at the amount stated in
22 Section 3 of this Lease as "monthly installments" which shall be due and payable from the
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ermination date as payment for such early termination.
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19.
Miscellaneous:
(a)
This Lease shall be binding on and inure to the benefit of the successors
nd permitted assignees of the respective parties.
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(b) This Lease shall be governed under the laws of the State of California.
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Lease shall be entitled to recover from the losing party all attorneys' fees and court costs,
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(c)
The prevailing party in any legal action to enforce any provision of this
including appeals if any, in connection with that action. The costs, salary, and expenses of the
5 City Attorney and members of his office in connection with that action, shall be considered as
6 attorney's fees for the purpose of this Lease.
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recorded in the form of Exhibit "B".
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11 parties and supersedes all offers, negotiations and other leases concerning the subject matter
12 contained herein. There are no representations or understandings of any kind not set forth
(d)
Upon request, either party may require that a Memorandum of Lease be
(e)
This Lease constitutes the entire Lease and understanding between the
13 herein. Any amendments to this Lease must be in writing and executed by both parties.
20.
Interference with Communications:
Lessee's Facilities shall not disturb the communications configurations,
20 portion of Lessor's property in a way that interferes with the communications operations of
21 Lessee described in Section 4, above. Such interference with Lessee's communications
22 operations shall be deemed a material breach by Lessor, and Lessor shall have the responsibility
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o promptly terminate said interference. In the event any such interference does not cease
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romptly, the parties acknowledge that continuing interference will cause irreparable injury to
essee, and therefore, Lessee shall have the right to bring action to enjoin such interference or to
27 erminate this Lease immediately upon written notice to Lessor. Notwithstanding the foregoing,
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pre-existing communications operating in the same manner as on the Commencement Date shall
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not be deemed interference.
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Title and Ouiet Eniovment:
(a)
Lessor warrants that it has full right, power and authority to execute this
5 Lease; Lessor further warrants that Lessee shall have quiet enjoyment of the Premises during the
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term of this Lease or any renewal term.
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(b)
Lessee shall have the right at any time up to the full execution of this
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Notices:
All notices given in connection with this Lease shall be in writing and delivered in
person or sent by overnight carrier or certified mail, postage prepaid, addressed as follows:
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LESSOR
City of San Bernardino
Development Services Department
Real Property Section
300 North "D" Street
San Bernardino, CA 92418
LESSEE
Cox PCS Assets, L.L.C.
4683 Chabot Drive, Suite 100
Pleasanton, CA 94588
Sprint Spectrum, L.P.
4900 Main Street, 12th Floor
Kansas City, MO 64112
23. Covenants:
There are no covenants or warranties other than those expressed in this Lease.
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IN WITNESS WHEREOF, the parties have executed this Lease on the day and year set
CITY OF SAN BERNARDINO,
icipal corporation
.,f6\~--
Gordon McGinnis
Mayor Pro Tern
Cox PCS Assets, L.L.C.,
a Delaware Limited Liability Company
~.
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By:
LEASE - Cox/Sprint PCS
15.06-148
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I'LSlIE ~ 1MB... llIIlJII':nDN
,
~.-.ri ~-=-rm BY:
AM) _ '-::0RIl&> __ 10:
City Clerk'~ Offirp
P.O. Box 1318
San Bernardino, CA 92402
Attn: Michelle Taylor
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It
Recorded in Official Records County of
San Bernardino, Larry Walker: Recorder
No Fee
Doc No. 20000403538
3:49pm 11/03/00
205 40249123 01 05
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... IT LI bY cn.ce TIllS TAl
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IA CIlIl
SPACE A.-vE FOR ~(J-. rL _ USE CN..Y
MEMORANDUM OF LEASE
TIlle of Document
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1MIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING 1NFORIIA1ION
($3..00 AdcItIonal Rt C I "''11 Fee AIIp'-'
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2000-261
'I' 'II" />,f .
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1 "J'.' .
OR I &lNAL
1 MEMORANDUM OF LEASE
2 THIS MEMORANDUM OF LEASE ("Memorandum") is executed as of the' ,/If/i
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(j4Llfti:J-
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, 20 ()7J ,by and between THE CITY OF SAN
day of
BERNARDINO, a municipal corporation ("Lessor"), and Cox PCS Assets, L.L.C., a
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6 Delaware Limited Liability Company, also known as Sprint PCS, hereinafter referred to as
7 "Lessee".
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WHEREAS, Lessor and Lessee have executed that certain Communications Site Lease
10 Agreement ("Lease") dated as of 6Jt'M~ c2-. ,20 M ("Commencement Date"),
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RECITALS
12 covering certain premises ("Premises"), in certain real property located in the City of San
13 Bernardino, County of San Bernardino, State of California, and more particularly described in
14 Exhibit "A" attached hereto and incorporated herein by this reference; and
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WHEREAS, Lessor and Lessee desire to record notice of the Lease in the Official
Records of San Bernardino, County, California;
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18 NOW, THEREFORE, in consideration of the foregoing, Lessor and Lessee hereby
19 declare as follows:
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Demise:
1.
Lessor has leased the Premises to Lessee and Lessee has hired the
remises from Lessor, subject to the terms, covenants and conditions contained in the Lease.
Exniration Date:
2.
The term of the Lease ("Term") is scheduled to
24 ommence on the Commencement Date, and shall expire five (5) years thereafter, subject to
25 ssee's option to extend the Term pursuant to Paragraph 2 of the Lease for five (5) additional
26 erms of five (5) years each.
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Exhibit "B"
.:
MEMORANDUM OF LEASE: CoxlSprint PCS
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3.
Lease Controllinl!: This Memorandum is solely for the purpose of giving
2 constructive notice of the Lease. In the event of conflict between the terms of the Lease and
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this Memorandum, the terms of the Lease shall control.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum of
6 Lease as of the date and year first written above.
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CITY OF SAN BERNARDINO,
. cipal corporation
Gordon McGinnis
Mayor Pro Tern
Cox PCS Asset, L.L.C.
a Delaware Limited Liability Company
BY~
e P';f- G/PII.I,I<.
~~I'Jk'~~ ))j,...e-+rI
~ /Il,
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ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF _ i:l-;.c #-:-t4tMci: z~-(.)
on!Z(tJ(c.JI:?'It 02-ozrv before me, ~vlte.1V (1/.
perso~y appeared ~a::n)JL a;J.c~/f?tQ/
S.S.
-PeisonalIi:kno;;nro~(or pre.eEl to me on the b~<lf-sal~faeR"Y eVlOeftce) to be the person(&) whose
name(S) is/'!J<" subscribed to the within instrument and acknowledged to me that he/s!le/they executed the same
in hisf\ler/thefr authorized capacity(WS), and that by his/jJer/thrlr signature(sJ on the instrument the person"" ,
or the entity on behalf of which personls) acted, executed the instrument.
WITNESS my hand and official seal.
p 1--"
'Y'& {2 /8rrrL
Signature
-
Eileen C. Gomez-(
TA~~~~/:1145063 r
SAN BeRNAR~'N~LrFORN'AG')
Comm. Exp. Jul... .. OUNTY 0
'7...2001 _
ACKNOWLEDGEMENT
COUNTY OF i7--x.,
orlk"td ;;''1 cJo?7?
.,
Personally appeared a.zI./GL
S.S.
~;~JyJcilown tom.e.,:( or proven In "'. OR the-basi, of satisfactory - evidenee) to be the person(s) whose
name.(s) is/are subscribed to the within instrument and acknowledged to me that Ije'/she/~ executed the same
in h1s/her/tjleir authorized capacity(ioo), and that by J>W/her/th~ signature(~) on the instrument the person(Sj ,
or the entity on behalf of which personjll) acted, executed the instrument.
WITNESS my hand and official seal.
lcf?&~ ~ I
Signature
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Ei'e~~ c. G~mez- f
NOT,,~~~m. .'145063 f
SAN BER;::~~~Al'FORNlA~
Comm. Ellp Jul ~OUNTY 0
. Y... Z001 _
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EXHIBIT "A"
Legal Description for lease of City owned property located at the Northwest
corner of 2nd Street and Meridian Avenue in the City of San Bernardino
(Nicholson Park-APN 0142-051-14)
That portion of the East Yz of Lot 78 of the Town of Rialto and adjoining
subdivisions, as per plat thereof recorded in Book 4 of Maps, Page 11, in the
Office of the County Recorder of San Bernardino County, State of California,
described as follows:
Commencing at the intersection of the North line of Second Street and the West
line of the East Yz of said Lot 78; thence North along said West line, a distance of
500.00 feet to the True Point of Beginning; thence East at right angles to said
West line, a distance of 17.00 feet; thence South and parallel with said West line,
a distance of 17.00 feet; thence West at right angles, a distance of 17.00 feet to the
West line of said East Yz of Lot 78; thence North along said West line, a distance
of 17.00 feet to the True Point of Beginning.
289 Sq. Ft. MIL