HomeMy WebLinkAbout1996-083
" .
1
2
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
15.06-143
03/12/96
RESOLUTION NO.
96-83
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A LEASE WITH PACIFIC BELL nOBILE SERVICES, RELATING TO CERTAIN CITY-OWNED
REAL PROPERTY SITUATED AT THE NORTHWEST CORNER OF SECOND STREET AND nERIDIAN
AVENUE (A PORTION OF NICHOLSON PARK)
BE IT RESOLVED BY THE nAYOR AND connON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1.
The nayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City, a Lease relating
to that certain City-owned real property located at the Northwest corner of
Second Street and neridian Avenue, a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference as fully as though
set forth at length.
SECTION 2.
The authorization to execute the above-referenced
agreement is rescinded if the parties to the agreement fail to execute it
within sixty (60) days of the passage of this resolution.
/ /
/ /
/ /
/ /
I
I I
/ /
/ /
/ /
/ /
/ /
/ /
/ /
, f
I I
-1-
-
illS 96-83 ;
,
,
. ~:Z?,:SE -'J? :::;ITY-OWNED ??DPEP.TY - ?AC:F:C BEL:~
~"'ICHOLSON PARE
r.0E!~E ?~RVICES) A PORTIQN OF
.' ,
1
I HEREBY CERTIFY that ~he foregoi~g resolution was duly adopted by
2 the nayor and Common Council cf the City of San Bernardino at a
Q~112/96
3
regular
meeting thereof held on the l~~ day of
4 1996, by the following vote, to-wit:
5
6 COUNC IL nEnBERS:
7 NEGRETE
AYES
NAYS
ABSTAIN
x
8 CURLIN
x
9 ARIAS
10 OBERHELnAN
11 DEVLIN
12 ANDERSON
13 I'lILLER
x
x
x
x
x
14
15
16
17
18
Q ...u...J
HACHEL CLARK,
~
City Clerk
The
foregoing
resolution is hereby approved this
19 of
20
21
22
23
24
APRIL
1996.
-~~~?~
to INOR, ayor
City of San Bernardino
25
26
27
28
Approved as to form
and legal content:
JAnES F. PENnAN,
City Attorney
By: L 7,
U
;)
IG~~_
-2-
Aoril
ABSENT
---
I
j/uj,
day
rm~ ,~6~9~ ".
q~.~3
"
TABLE OF CONTFNi'S
COMMUNICATIONS SITE LEASE AGREEMINI'
1
2
CITY OF SAN BERNARDINO - PACIFIC BELL MOBILE SERVICES
](ECITALS
PAGE 1
3 1. PROPERTY LEASED
PAGE 1
4 7. TERM
PAGE 2
5 3. LEASE PAYMENTS
PAGE 'J
6 ~. USE RESTRICTIONS
PAGE 3
7 5. IMPROVEMENTS
8 6. MAINTENANCE AND INSPECTIONS
PAGE '3
PAGE 5
9 7. UTILITIES
PAGE 5
10 8. LIENS AND/OR ENCUMBRANCES
11 9. PERMITS AND FEES
12 10. LIABILITY INSURANCE
13 11. HOLD HARMLESS
14 12. INDEMNIFICATION
PAGE 6
PAGE 6
PAGE 6
PAGE 1
PAGE 7
15 13. TAXES/POSSESSORY INTEREST
PAGE 8
16 1',. COMPLIANCE WITH LAWS
PAGE 9
17 15. NO SUBLEASE OR ASSIGNMENT
PAGE ')
18 16. DEFAULT
19 17. ENVIRONMENTAL
20 18. AMENDMENT
21 19. TERMINATION
22 7i i. MISCELLANEOUS
23 21. INTERFERENCE WITH COMMUNICATIONS
24 22. TITLE AND QUIET ENJOYMENT
25 23. NOTICES
PAGE 9
PAGE ')
PAGE 10
PAGE 10
PAGE 11
PAGE 11
PAGE 12
PAGE i?
26 24.
27
COVENANTS
PAGE 13
28
SIGNATURES
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
EXHIBIT "D"
15.06-143
03/28/96rev
DESCRIPTION OF LESSOR'S PROPERTY
DESCRIPTION OF PREMISES
DRAWING OF LESSEE'S PREMISES
MEMORANDUM OF LEASE
PAGE ('J
PAGE 14
PAGE 15
PAGE 16
PAGE 11
1
2
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
15.06-143
03/28/96rev
LEASE
(COMMUNICATIONS SITE LEASE AGREEMENT)
THIS
COMMUNICATION
filL
SITE LEASE A~4EMENT (Lease),
day of /1/#,
CITY OF SAN BERNARDINO, a municipal
is made
and
enterc'li
into this
, 1996, by and
between
the
corporation,
hereinafter
referred to as "Lessor", and PACIFIC BELL MOBILE SERVICES, a California
corporation, hereinafter referred to as "Lessee".
R E C I TAL S
This Lease is made and entered into with respect to the following
facts:
(a) Lessor is the owner of the Premises herein described.
(b) Lessee has r'equested permissi on to construct a mobile/wire-
less communications facility to be located in the Southwesterly portion of
Nicholson Par'k, and Lessor is willing to lease the Premises to Lessee upon
the terms and conditions hereinafter set forth.
(c) Lessor believes that the facility will not interfere with
the Department of Par'ks and Recreation's operations or the publ ic' s use of
the park.
(d) This Lease is conditioned upon Lessee, or Lessee's assigns,
obtaining all governmental permits and approvals euabling Lessee, or its
assigns to construct and operate mobile/wireless communications facilities
011 the Premises.
NOW THEREFORE, 1 he pa: i ; C~. beed" "gr"'" rlC h>1 lows:
1. Property Leased.
Lessor hereby leases to Lessee, dnd the Ll~SSf.,'e herellY 1 edSes from
Lessor, an eighteen foot (18') by twenty toot (20') section adjacent to tl10
Westerly boundary line of Nicholson Park, West of Meridian Avenue, and
approximately five hundred feet (500') Nodh of Second Street, described
a,.
.,
1
. ,
--'
15.06-1/,3 LEASE
PACIFIC BELL MOBILE SERVICES, A PORTIO~' OE NICHOLSCW NI?K
1
2
3
4
5
6
7
8
9
10
follows:
That portion of the East 1/2 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, described as follows:
Commencing at the intersection of the North line of
Second Street and the West line of the East 1/2 of
said Lot 78, thence North along said West line, a
distance of 500.00 feet to the Point of Beginning;
thence East at right angles to said West line, a
distance of 18.00 feet; thence North and parallel
with said West line, a distance of 20.00 feet;
thence West at right angles, a distance of 18.00
feet to the West line of said East 1/2 of Lot 78;
thence South along said West line, a distance of
20.00 feet to the True Point of Beginning.
11 Said property is outlined in red in the attached Exhibit "C", and includes
12 any appl icable easements for access and util ities (collectively, the "Prem-
13 ises").
14 2. Term.
15 The term of this Lease shall be five (5) years, commencing with
16 the issuance of a local building permit allowing Lessee to construct its
17 mobile/wireless communications facilities on the Premises, or December 31,
18 1996, whichever is earlier ("Commencement Date"). Lessee shall have the
19 right to extend the term of this Lease for five (5) additional terms of five
20 (5) years each. Each renewal term shall be on the terms and conditions set
21 forth herein. This Lease shall automatically be extended for each succes-
22 sive five (5) year renewal term upon Lessor's receipt of Lessee's written
23 notification of intention to renew no later than ninety (90) days prior to
24 the expiration of the first five (5) year term or any renewal term. In the
25 event the Lessee decides not to extend this Lease, then Lessee shall notify
26 the Lessor in writing of Lessee's intention not to extend this Lease at
27 least ninety (90) days prior to the expiration of the first five (5) year
28 term or any renewal term.
15.06-14:3
03/28/96rev 2
RES 96-$3.
15.06-1 !,j
03/28/96rev
1.5.06-143 LEASE - PACIFIC PEL'" !VOPILI' SERVICES, A PORTIO" OF NICHOLSON J'c\ ,!.;
1
2
3
3. Lease Payments
(a)
Lessee shall pay Lessor the sum of three hundred dollars
($300.00) for a document preparation fee no later than April I, 1996.
In
4 the event the Lease is terminated as a result of testing as set forth in
5 Paragraph Sa, the document preparation fee of $300.00 shall be retained by
6 l.essor for work performed.
7
8
(b) Upon the Commencement Date, Lessee shall
pay Lessor,
as
rent,
the sum of Five Hundred dollars ($500.00) per month.
Rent shall
be
9 payable on the 1st day of each month, in advance. Payments shall be direct-
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ed to:
City of San Bernardino
Public Works/Engineering
attn: Real Property Section
300 North "D" Street
San Bernardino, CA 92418
(c)
Rent shall be increased at the beginning of each renewel
term by the amount equal to fifteen percent (15%) of the rent for the previ-
ous term or renewal term.
4. Use Restrictions.
The Premises may be used by Lessee for any lawful activity in
connection with the provisions of mobile/wireless communications services,
including without limitation, the transmission and the reception of radio
communication
signals on various frequencies, and the
construction,
maintenance and operation of related communications facilities.
Lessor
agrees to cooperate with Lessee, at Lessee's expense, in making application
for and obtaining all licenses, permits, and any and all other necessary
approvals that may be required for Lessee's intended use of the Premises.
5. Improvements.
(a) Lessee shall have the right (but not the obligation) at any
time following the full execution of this Lease, and prior to the Commence-
3
RES 96-83,
1
2
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
15/06-143
03/28/96rev
L~. 06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTION OF NICHOLSON Pi\!W.
ment Date to enter the Premises for the purpose of making necessary engi
!Jeering surveys and inspections (and soil tests where applicable) and other
reasonably necessary tests ("Tests") and for the purpose of determining th,
suitability of Lessee Facilities (as defined herein) for mobile/wireless
communications operations and preparing for the construction of such facili-
ties.
During any Tests or pre-construction work, Lessee shall have in-
surance as set forth in Paragraph 10, and will notify Lessor of any proposed
tests or pre-construction work, and will coordinate the scheduling of same
wi th Lessor.
If Lessee determines that the Premises are unsuitable for
Lessee's contemplated use, then Lessee will notify Lessor and this Lease
shall terminate.
Lessee shall restore the Premises to the condition it
w~s in prior to conducting the Tests.
(b) Lessee has the right to erect, maintain and operate on the
J'r-emises, radio communications faci I i ties, including but not I imi ted to
radio frequency transmitting and receiving equipment, batteries, util ity
lines, transmission lines, radio frequency transmitting and receiving ant en-
nas and supporting structures and improvements ("Lessee Facilities"). In
connection therewith, Lessee has the right to do all work necessary to
prepare, add, maintain and alter the Premises for Lessee's business opera-
tions and to install utility lines and transmission lines connecting ant en-
nas to transmitters and receivers. All of Lessee's construction and in-
stallation work shall be performed at Lessee's sole cost and expense and in
a good and workmanlike manner. Title to the Lessee Facilities and any equip-
ment placed on the Premises by Lessee shall be held by Lessee.
All of
Lessee Facilities shall remain the property of Lessee and are not fixtures.
Lessee has the right to remove all Lessee Facilities at its sole expense on
or before the expiration or earlier termination of this Lease. Lessee shall
not make any material alterations to the Premises, or any part thereof,
4
RES 96-83.
1
2
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
15.06-143
03/28/96rev
15.06-143 LEASE - PACIfIC BELL MOBILE SERVICES, A PORTIO!\ OF NICHOLSO!\ PA?I\.
other than as set forth in Paragraph 5 herein, without the prior writt,,,,
consent of Lessor. Any and all alterations and/or improvements made to the
Premises pursuant to this section shall, upon termination of this Lease, }",
removed from the Premises, and the land returned to its previous state.
(c) Lessor shall provide to Lessee, Lessee's employees, agents
and subcontractors, access to the Premises twenty-four (24) hours a day,
seven (7) days a week, at no charge to Lessee. Lessor represents and war-
rants that it has full rights of ingress to and egress from the premises,
and shall allow Lessee access from the nearest public roadway (Second
street) to the Premises at all times, and hereby grants such ingress and
egress rights to Lessee along the West line of Nicholson Park, to the extent
required to maintain, install and operate the Lessee Facilities on the
Premises.
Lessee shall repair any damages Lessee, its agents, employees,
officers, or contractors cause to said above ingress and egress area.
6. t:L~_tl!:t:enanc~aIl(LI!lspection...?.
Lessee shall, at Lessee's own cost and expense, keep and maintain
all improvements hereinafter constructed on the Premises in good condition
and repair, and shall use all reasonable precaution to prevent waste, damage
CT injury tn the Pi ('-'11::.:-1-....... Tf'_S';;~I' shall, at dn~: r(~asondble time, have th(~
right to go upon the Premises upon notice to Lessee, and inspect and examine
the same relative to such maintenance and upkecp.
7. Utilities.
Lessee shall have the right to install utilities, at Lessee's ex-
pense, and to improve the present utilities on or near the Premises (includ-
ing, but not limited to the installation of emergency power generators),
subject to Lessor's approval of the location, which approval shall not be
unreasonably withheld.
Lessee shall pay for all electricity, gas, water, telephone
5
S 96-83:
15.06-143
03/28/96rev
15.06-143 . LEASE - PACIFIC BELL MOBILE SERVICES, A POPTIO~' OF \JICHOLSON Pill,"':
1
2
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
service, and all other services and utilities, including service instal I.i-
tion fees and charges for such utilities used by Lessee during the ter'm of
this Lease.
8. Liens and/or Encumbrances.
l.essee shall payor cause to be paid, all costs of construction
and/or installation of all improvements. Lessee shall keep the Premises
fr'ee and clear of any and all claims arising out of performance of work on
Lessee's behalf, furnishing of materials on Lessee's behalf, and use of
utilities by Lessee.
9. Permits and Fees.
Lessee shall pay all license fees, assessments, taxes, penalties
or fines which may be levied against Lessee's Faci 11 ties by virtue of the
installation of Lessee's leasehold improvements.
10. Liability Insurance.
Lessee agrees to procure and maintain in force during the term of
this Lease and any extension, at its own expense, the following insurance
in companies approved by Lessor, adequate to protect against liability for
damage claims arising in or around the Leased premises; (1) Commercia I
General Liability with limits of five million dollars ($5,000,000.00) per
occurrence, (2) Automobile Liability with a combined single limit of one
million dollars ($1,000,000.00) per accident, and (3) Workers' Compensation
Insurance as required by law and Employers' Liability with limits of one
million dollars ($1,000,000.00) per occurrence. Lessee shall provide to
Lessor a certificate of insurance and an additional insured endorsement
which provides:
(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,
6
I
"..." Qj;-ll1:
15.06-j'(J
03/28/96rev
15.06-143 LEASE - PACIFIC BELL l"OBILF. SEPVICES, It PORTION OF NICHOLSON PA,'l;,.
1
2
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
policy number, period of coverage, and the amount of insurance.
(e) That the Real Property Section of the City of San Bernardino
must be given notice in writing at least thirty (30) days prior to cancella~-
tion, material change, or refusal to renew the policy.
(d)
That Lesst-'{" s iJJ',-)Ul'diJ(:;> v. ii'
, .
:1,-' PI') 11I{1 ~ -,\
to any covt:-~cage
tl:"
City of San Bernardino may have in effect.
(e) That Lessor is self-insured and Lessee shall bav" the right.
to self-insure with respect to any of the above insurance; subject to Less-
or's City Attorney's approval of Lessee's written proof of self-insurance.
11. Hold Harmless.
Except to the extent of the negligence or willful misconduct of
Lessor or its agents, boards, officers, employees, representatives or con-~
tl~~tors, Lessee shall hold Lessor, its agents, boards, commissions, offic-
ers, employees, representatives or contractors harmless from any liabilily
for damage or claims for damage for personal injury, including death, as
well as from claims for property damage (including reasonable attorneys'
fees and court costs) which may arise from Lessee's operations under this
Lease, whether such operations be by Lessee or by anyone or more persons
directly or indirectly employed by or acting as agent for Lessee. Except to
the extent of the negligence or willful misconduct of Lessor or its agents,
boards, officers, employees, representatives or contractors, Lessee agrees
to and shall defend Lessor and its boards, commissions, officers, agents,
employees or contractors from any suits or actions at law or in equity for
damages caused, or alleged to have been caused, by reason of any of Lessee's
operations under this Lease.
12. Indemnification.
Except to the extent of the negligence or willful misconduct of
Lessor or its agents, boards, officers, employees, representatives or
7
r
RES 96-83
15.06-143
03/28/96rev
1.~.06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTlOK OF '1ICHOLSOt\ PAl.'",
1
2
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
contractors, Lessee shall indemnify and hold harmless the Lessor,
agents, boards, officers, employees, representatives or contractors
any and all claims, damages, demands, loss or liability of any
against
kind or
nature which the Lessor and/or its officers, agents, or employees, may
sustain or incur or which may be imposed upon them for property damage and
injury to or death of any persons which are caused by Lessee's operations
under this Lease, whether such operations be by Lessee or by anyone or morn
persons directly or indirectly employed by or acting as agent for Lessee.
Except to the extent of the negligence or willful misconduct 1)1
Lessee or its agents, boards, officers, employees, representatives or
contractors, Lessor shall indemnify and hold harmless the Lessee, its
agents, boards, officers, employees, representatives or contractors against
any and all claims, damages, demands, loss or liability of any kind (,,'
nature which the Lessee and/or its officers, agents, or employees, may
sustain or incur or which may be imposed upon them for property damage and
injury to or death of any persons which are caused by Lessor's operations
under this Lease, whether such operations be by Lessor or by anyone or morn
persons directly or indirectly employed by or acting as agent for Lessor.
13. Taxes/Possessory Interest.
(a) Lessee recognizes and understands that this Lease may create
a possessory interest subject to property taxation, and that the Lessee m,lY
be subject to the payment of property taxes levied on such interest. Lessee
agrees to, and shall hold harmless, Lessor from any and all liability for
any such taxes due by virtue of Lessee's Facilities.
(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.
8
RES 96-83
1
2
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
15.06-1/>3
CJ:1/28/96rev
15.06-143 LEASE - PACIFIC BELL ~'OBILE SERVICES, A PORTION or l\TCHOLSO\' pP'"
14. Compliance with Laws.
Lessee shall not violate any applicable law of the City, State or
Federal governments in conducting its operations under this Lease.
15. No Sublease or Assignment.
Lessee shall not sublet the premises, or any part thereof, Or'
i.ssign this Lease, without Lessor's prior written consent, which consent
shall not be unreasonably withheld. Notwithstanding the foregoing, Less,,',
'MY assign this Lease to any corporate affiliate or any purchaser of all or
substantially all of Lessee's stock or assets upon written notification 10
l.essor stating the name, address, contact person and any other pertinent
information regarding said corporate affiliate or purchaser.
16. Default
Yither party shall have the right to terminate this Lease, and
upon the effective date of such termination Lessor shall have the right or
iwmediate occupancy of the Premises in the event the other party violates
any of this Lease's terms or conditions, and such violation is not cur",l
within sixty (60) days after written notice is sent by the non-breaching
party.
Such termination shall not relieve either party from liability for.'
damages for breach of this Lease or for injury to the Pt.emises.
rIJ\._;_r':~)nlll(':\:t<~ :
Lessor' represents that the Premises have not been used for the
generatioIl, storage, trcatfln~nt or d i Spt"J:~d 1 of hazardous substances, hazard.
ous materials or hazardous wastes. In addition, Lessor represents that no
hazardous materials, hazardous substances, hazardous wastes, pollutants,
asbestos, polychlorinated biphenyls (PCBs), petroleum or other
fuels
(incl uding crude oil or any fraction or deri vati ve thereof) or underground
storage tanks are located on or near the Premises.
Notwithstanding any
other provision of this Lease, Lessee relies upon the representations stated
9
RES 96-83
1
2
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
15.06-143
03/28/96rev
1';.06-11,3 LEASE - PACIFIC BELL "OBUE SE1!VICES, A PORTIO>; OF NICHOLSO',; ,"I', '\.
herein as material inducement for entering into this Leas".
Lessee shall not bring any hazardous materials onto the Premises
except for those contained in its back-up power batteries (lead-acid batter-..
ies) and common materials used in telecommunications operations, e.g.,
clealling solvents. Lessee will treat all hazardous materials brought on'"
Premises by it in accordance with all federal, state and local laws and
regulations.
18. Amendment.
(d) This Lease may be amended or modified only by written agree-
ment signed by both pdrties. Failure on the part of either party to en-
force any provision of this Lease shall not be construed as a waiver of the
right to compel enforcement of such provision or provisions.
(b) If any provision of the Lease agreement is invalid or unen-
forceable with respect to any party, the remainder of this Lease or the
application of such provision to persons other than those as to whom it is
held invalid or unenforceable, shall not be affected and each provision of
this Lease shall be valid and enforceable to the fullest extent permitted by
law.
19. Termination.
'J'j,is Lease may be terminated by Lessee or by Lessor, on thirty
(30) days written notice as follows: (1) by either party upon a default 01
any covenant, condition or term hereof by the other party, which default is
not cured within sixty (60) days of receipt of written notice of default;
(ii) by Lessee, if it does not obtain or maintain licenses, permits or other
approvals necessary to the construction or operation of Lessee's Facilities;
or iii) by Lessee, if Lessee is unable to occupy 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
10
1
2
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
15.06-143
(1i/28/96rev
15.06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTION OF NICHOLSON PARK
written notice to Lessor of termination of this Lease due to the reasons set
furth in (ii) or (iii), above, Lessee shall pay Lessor the lesser of Two
Thousand Dollars ($2,000) or the rental due for the remainder of the term nS
payment for such early termination.
20. Miscellaneous.
(a) This Lease shall be binding on and inure to the benefit of
the successors and permitted assignees of the respective parties.
(b) This Lease shall be governed under the laws of the State of
California.
(c) The substantially prevailing party in any legal claim
arising hereunder shall be entitled to its reasonable attorneys' fees an.!
court costs, including appeals, if any.
(d) Upon request, either party may require that a Memorandum or
Lease be recorded in the form of Exhibit "D".
(e) This Lease constitutes the entire Lease and understanding
between the parties and supersedes all offers, negotiations and other leases
concerning the subject matter contained herein. There are no representations
or understandings of any kind not set forth herein. Any amendments to this
Lease must be in writing and executed by both parties.
21. Interference with Communications:
Lessee's Facilities shall not disturb the communications configu.'
rations, equipment and frequency which exist on Lessor's property on the
Commencement Date ("Pre-existing Communications"), and Lessee's Facilities
shall comply with all noninterference rules of the Federal Communications
Commission ("FCC").
Lessor shall not permit the use of any portion of
Lessor's property in a way which interferes with the communications opera-
tions of Lessee described in Section 4, above.
Such interference willi
Lessee's communications operations shall be deemed a material breach by
11
RES 96-83
1
2
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
15.06-143
0Cl/28/96rev
15.06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTION OF NICHOLSON FA!I'\,
Lessor, and Lessor shall have the responsibility to promptly terminate said
interference.
In the event any such interference does not cease promptly,
the parties acknowledge that continuing interference will cause irreparabJ"
injury to Lessee, and therefore, Lessee shall have the right to bring action
to enjoin such interference or to terminate this Lease immediately upon
written notice to Lessor. Notwithstanding the foregoing, Pre-existing
Communications operating in the same manner as on the Commencement Dat"
shall not be deemed interference.
22. Title and Quiet Enjoyment.
(a) 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 term.
(b) Lessee shall have the right at any time up to the full
execution of this Lease, and prior to the Commencement Date to obtain a
preliminary title report or commitment for a leasehold title policy from "
title insurance company of its choice. If, in the opinion of Lessee, such
title report shows any defects of title or any liens or encumbrances which
may adversely affect Lessee's use of the Premises, Lessee shall have the
right to terminate this Lease (prior to the Commencement Date), immediately
upon written notice to Lessor.
23. 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:
LESSOR
LESSEE
City of San Bernardino
Public Works/Engineering
Real Property Section
300 North "D" street
San Bernardino, CA 92418
Pacific Bell Mobile Services
2955 Redhill Avenue, Suite 100
Costa Mesa, CA 92626
Attn: Charles Vranek,
Network Deployment Manager
12
1
2
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
15.06-]!(j
03/28/96rev
15'.06-1/+3 LEASE - PACIFIC BELL MOBnE SERVICES, A PORTION OF NICHOLSON PAliK
24. Covenants
There are no covenants or warranties other than those expressed
in this Lease.
IN WITNESS WHEREOF, the parties have executed this Lease on the day
and year set forth at the beginning of this Lease.
ATTEST:
{ik....uu~ ~
RAC CLARK, City Clerk
Approved as to form
and legal content
JAMES F. PENMAN,
City Attorney
By: ~~-7. {0-y~
(]
CITY OF SAN BERNARDINO,
a Municipal corporation
~~ )u'
.. C~l ! A;jd.&\....
TOM MINOR, Mayor
PACIFIC BELL MOBILE SERVICES
a California corporation
_ ~~~ ~1.j{~~
CHAR ES VRANEK,
Network Deployment Manager
13
RES 96-83.
15.06-143
03/28/96rev
::J.C()-ll,C LEASt - PACIFIC BELL MOBILE SERVICES, ;\ PORTIO, "F '!ICHOLSO\ PX>\.
1
2
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
DESCRIPTION OF LESSOR'S PROPER I Y
1tle East 1/2 of Lot 78 of the Town of Rialto and Adjoining Subdivisions,
per plat thereof recorded in Book 4 of Maps, Page 11, in the office of
county Recorder of San Bernardino County.
as
'~.1. . ,
\,,,-
EXHIBIT "A'
14
RES 96~83
1
2
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
15.06-143
O'1/28/96rev
15.06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A POJITlON or NICHOLSON Pft.'<I\
DESCRIPTION OF PREMISES
The real property in the City of San Bernardino, County of San Bernardino,
State of California, described as follows:
That portion
Subdivisions,
the office of
of the East 1/2 of Lot 78 of the Town of Rialto and Adjoining
as per plat thereof recorded in Book 4 of Maps, Page II, in
the County Recorder of said County, described as follows:
Commencing at the intersection of the North I ine of Second Street and tl",
West line of the East 1/2 of said Lot 78, thence North along said West line,
a distance of 500.00 feet to the Point of Beginning; thence East at right:
angles to said West line, a distance of 18.00 feet; thence North and paral-
lel with said West line, a distance of 20.00 feet; thence West at right
angles, a distance of 18.00 feet to the West line of said East 1/2 of Lot
78; thence South along said West line, a distance of 20.00 feet to the Tn'"
Point of Beginning.
Said property is outlined in red in the attached Exhibit "C"- the "Premises"
EXHIBIT "B"
15
I RE~ 96~3.
1:5.06-143 LEASE - PACIFIC BELL MOBILE SERVICES. A 'PORTION OF NICHOLSON PARK
DRAWING OF LESSOR'S PROPERTY AND LESSEE'S PREMISES
- ... -.-.. . ._~. ..
or-
-----~_..._..-- ...
'.
.
.
i
I
!
I
I
.,2
I..i .
. ':
.:JJDR TJ./
.z:.!.,
, ;:10 Sf!fJl.iE
~
...
7$
~
~
'll
'l
.ft'Uf ;IE'/.D
l-
,.... .
(}OlfUA$1O/I
=&). .~~\
I r---l-t~"""ITY
I L-..l r.I..,
!
,
i
J
I
I
!.l..i
::=s;
'It
~
~
~
~
~
1
I.
"SIIUf"-" ~~ 4
'Q
~
. .
IH$/~E QIJr6 J./NE 4F .sTtr6.r
l' FI ~;
r .srl7T7oAJ
?tr
--'
-
~C~D 3RE~ _.:.
-+
EXHIBIT "C"
15.06-143
03/~8/96rev
10 11
,.
.'
.
.0- J>I
..
~
fl' 1/
,-
d
J
"
j-
,J
..0-."
~I
..
"
J-
. .
..
(171/ 96/8'if/l?O
[;f/-10'$/
.
,
.
.
f:.ll-96 SffiI
IJ 11
(Ill! "?b! ~ Cl~"
&';'/- 0/0;9/
- ....._.."'1..._
"13I.-=1~
!
II. I
I
. ..
!
!
;;
.
..-
'"II
:..
t
@
d
. d
,
.
l1:!1!l -----
@Ql -= .
!
, . w
. :J I
w
w ~
<!V .w 3
Si .
@) .
@ I If z
0
.
ac:::> :~j . 11l1.3 z
~. ..
..~ 'flf ~~ 1I
b 0
:; ,,= =1:... ..
= @) i ..
.. .
Gdb .: 0.'.,
f!!itJ ~ .... ~..
- !:!!
(........ ....
= ~3
I ........
~ @> it
I '" ..
= I , 0
ac:::> I ,- z
~ .,@ , I ~
.
@ w !
g I -. .
~-~ I i
.. I -
!OJ
, E. " , Ii
. ,
.' I
Ii
. ,
~
~'
"
~
I .....<w
....-...
(;8 ~u ;)1l11
RES 96-83
I'lL'..>!: t~ 1HIS INFORMAllON
Recorded in Official Records, County o~
San Bernardino, Errol J. Mackzum, Recor er
No Fee
Doc No. 19970078232
2:11pm 03/06/97
RECORDING REQUESlED BY:
CIlY OF SAN BERNARDIID
CIlY CLERK
AND WHEN RECORDED MAIL TO:
CIlY HAlL
300 North "D" Street
SRn RPrnardino Cl\ 92418
1
PG
205 40050472 01 05
. I .
FEE APF GIMS PH CPY CRT CPY ADO 11M PEN PR
o
5
NON ST LN SVY CIT-CO TRANS TAX
6
DA CHRG
EXAM
SPACE ABOVE FOR RECORDER'S USE ONLY
MEM)RANDUM OF LEASE BETWEEN CUY & PACIFIC BElL
Title of Document
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATlON
($3.00 Additional RecorcIlng Fee Applies)
(ReY.II3OtlMI):w
1.:'ftcVOI'I'M\pI\Q~1
RES 96-:83
",
1
2
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
15.06-143
03/28/96rev
96-83
I'H-IS8-11
MEMORANDUM OF LEASE
/31>
THIS MEMORANDUM OF LEASE ("Memorandum") is executed as of the \D
day of
H AL1
,
1996, by and between THE CITY OF SAN
BERNARDINO, a municipal corporation ("Lessor"), and PACIFIC BELL MOBILE
SERVICES, a California corporation ("Lessee").
RECITALS
WHEREAS, Lessor and Lessee have executed that certain Communications
Site Lease Agreement ("Lease") dated as of
A~(,;L Y
, 1996,
covering certain premises ("Premises"), in certain real property located ill
the City of San Bernardino, County of San Bernardino, State of California,
and more particularly described in Exhibit "A" attached hereto and incorpo-
rdted herein by this reference; and
WHEREAS, Lessor and Lessee desire to record notice of the Lease in the
Official Records of San Bernardino County, California;
NOW, THEREFORE, in consideration of the foregoing, Lessor and Lessee
hereby declare as follows:
1. Demise. Lessor has leased the Premises to Lessee and Lessee has
hired the Premises from Lessor, subject to the terms, covenants and condi-
tions contained in the Lease.
2. Expiration Date. The term of the Lease ("Term") is scheduled to
commence on or about December 31, 1996, and shall expire five (5) years
thereafter, subject to Lessee's option to extend the Term pursuant to Para-
graph 2 of the Lease for five (5) additional terms of five (5) years each.
3. Lease Controllin~. This Memorandum is solely for the purpose of
giving constructive notice of the Lease. In the event of conflict between
the terms of the Lease and this Memorandum, the terms of the Lease shall
contro 1 .
1
r ~s 96""~
. .
15.06-143
0'j/28/96rev
MEMORANDUM OF LEASE: CITY OF SAN BERNARDINO/PACIFIC BELL MOBILE SERVICI'"S
1
2
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
IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum of
Lease as of the date and year first written above.
CITY OF SAN BERNARDINO
a Municipal corporation
~ry~)1C;4'~
TOM INOR, Mayor
ATTEST:
(jf~- ~
RACHEL CLARK, C1ty Clerk
PACIFIC BELL MOBILE SERVICES,
a California corporation
By:~Allr. ~L_
~ S VRA EK,
Network Deployment Manager
Approved as to form
and legal content
JAMES F. PENMAN,
City Attorney
~N. 07. /&,. >'".......--...,
2
RES 96-83
.
15.06-143
03/28/96rev
MEMORANDUM OF LEASE: CITY OF SAN BERNAIWINO/PACIFIC BELL MOBILE SFRVICI;:S
1
2
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
That portion of the East 1/2 of Lot 78 of the Town of Rial to and Adjoin! 015
Subdivisions, as per plat thereof recorded in Book 4 of Maps, Page 11, in
the office of the County Recorder of San Bernardino County, described "s
follows:
Commencing at the intersection of the North line of Second Street and the
West line of the East 1/2 of said Lot 78, thence North along said West line,
a distance of 500.00 feet to the Point of Beginning; thence East at right
angles to said West line, a distance of 18.00 feet; thence North and paral-
lel with said West line, a distance of 20.00 feet; thence West at right
angles, a distance of 18.00 feet to the West line of said East 1/2 of Lot
78; thence South along said West line, a distance of 20.00 feet to the True
Point of Beginning.
(EXHIBIT "A")
RES 96..83
".
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino
On J:q 11-<<\, ~ 1 l cr ~ <{o before me,
f DATE
personally appeared
Tom Minor
No. 5907
Rachel R. Shay
NAME, TITLE OF OFFICER. E.G., "JANE DOE, NOTARY PUBLIC"
and
Rachel Clark
NAME(S) OF SIGNER(S)
lliI personally known to me - OR - D 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 ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
! .~-,^CH-" ~sH,;~1
U) ,. . COMM. No. 997208 Gl
II: NOTARY PUBLIC. CALIFORNIA :0
CJ SAN BERNARDINO COUNTY U)
~ :~:~i~~~~i~e~ ~~u~t ::!99~;
WITNESS my hand and official seal.
~.j'VJg~
SIGNAl E OF NOTARY \
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form,
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
D CORPORATE OFFICER
TlTlE(S)
D PARTNER(S)
D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
o GUARDIAN/CONSERVATOR ~
ro Ifdl:f;!t;;;J;:g~r~
DESCRIPTION OF ATTACHED DOCUMENT
lJ?em tJ /'c1/ld all? cI imse
TITLE OR TYPE OF DOCUMENT
3
NUMBER OF PAGES
/vi 9 Dfr~ O!!?:ENT
/3/;t/.)/f!5 VrtlJ1.Lt
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309.7184
RES 96-83
".
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of LAtAr=o~,,utA-
CJIf --"1 ,I.X::,-G:
On_~A{1 b, jqqu,
Date
personally appeared r ~ I e<'" \ I ('r)./(l €,c
Name(s) of Signer(s)
County of
before me,UO C.lt A,
Name and Tille of Officer (e.g., " ana Doe, Notary Pu lie")
~
.Q5:personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
u... 0_-
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: M evv, ()~I I AM rf We;, DL
~ ~
Document Date: ~ Ac1 ( 0 I I q qe, Number of Pages: (3
Signer(s) Other Than Named Above: ~VY\. /J\ I VlO (2, /2Cr -hoJ2. Q.\cvr L
Capacity(ies) Claimed by Signer(s)
Signer's Name: (' .1Yxl-e:, \ / V'r..un eJC
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian. or Conservator
~ Other: ~ -eM J.. Y"l.r\( Top of thumb here
0A"pln'1 fl'\.W>..+Y'\::u~o. ':) er
Signer Is Representing:
~cA:;c ho.z.~
J-{.jn'; Lo SCL.VV;u:J
RIGHT THUMBPRINT
OF SIGNER
o Individuai
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
1tl1994 National Notary Association. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Calt Toll-Free 1-800-876-6827