HomeMy WebLinkAbout1993-090
1 RESOLUTION NO. ~~.:c_~_Q_____
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF LEASE WITH COMCAST CABLEVISION, INC., RELATING TO CERTAIN REAL PROPERTY
3 SITUATED AT THE EAST EDGE OF NUNEZ PARK AT THE WESTERLY TERMINUS OF KINGMAN
AVENUE, IN SAN BERNARDINO.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor and Common Council of the City of San Bern-
8 ardino are hereby authorized and directed to execute on behalf of said City,
9 a Lease relating to certain real property located at the East side of Nunez
10 Park at the Westerly terminus of Kingman Avenue, a copy of which is attached
11 hereto, marked Exhibit "A" and incorporated herein by reference as fully as
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though set forth at length.
SECTION 2.
The authorization to
execute the above-referenced
14 agreement is rescinded if the parties to the agreement fail to execute it
15 within sixty (60) days of the passage of this resolution.
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03/12/93 1
RES 93-90
03/12/93
LEASE: ,COMCAST CABLEVISION, INC. EAST SIDE OF NUNEZ PARK AT THE WESTERLY
TERMINUS OF KINGMAN AVENUE.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the
Mayor and Common Council of the City of San Bernardino at a
regular
meeting thereof, held on the _-5th__day of
ll.{'ril
, 1993, by the following vote, to wit:
ABSTAIN
ABSENT
-~
AYES
NAYS
COUNCIL MEMBERS
ESTRADA
x
REILLY
x
HERNANDEZ
x
MAUDSLEY
x
-----
MINOR
x
POPE-LUDLAM
x
--
MILLER
x
Ra~~Ci~--~----
The foregoing resolution is hereby approved this ~~_day of
~ril__________, 1993. ,~7
~.~aZmti~;"'-~:-~
City of San IBernar ino
~
Approved as to form
and legal content
James F. Penman
City Attorney
--+~
______L_~_____________
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RES 93-90
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FILE NO.: 15.06-141
CITY OF SAN BERNARDINO
LEASE FOR: CXM;AST CABU:VISlOO. INC.
LOCATION: WESTERLY TERMINUS OF KJN}Wl AVENUE AND WEST LINE OF TIAJUANA S'l'Rml'
(NUNEZ PARK)
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15.06-141
02/26/93
Res. 93-90
ORIGINAL
LEASE
(CATV Antenna and Re-transmission Station)
THIS AGREEMENT (Lease), made and entered into this _~~_____ day of
~J~)Q\ \
, 1993, by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter referred to as "Lessor", and COMCAST
CABLEVISION, INC., a California corporation, hereinafter referred to as
lILessee".
RECITALS
This Lease is made and entered into with respect to the following
facts:
(a) Lessor is the owner of the property herein described.
(b) Lessee has requested permission to construct a CATV antenna
and re-transmission station located in Nunez Park, at the Westerly terminus
of Kingman Avenue at Tiajuana Street, and Lessor is willing to lease the
property to Lessee upon the terms and conditions hereinafter set forth.
(c) Lessor believes that the facility will not interfere with
the Department of Parks and Recreation's operations or the public's use of
the park.
NOW THEREFORE, the parties hereto agree as follows:
1. Property Leased.
Lessor hereby leases to Lessee, and the Lessee hereby leases from
Lessor, a thirty foot (30') by fifty foot (50') section of the Southeast
portion of Nunez Park, described as follows:
The real property in the City of San
County of San Bernardino, State of
described as follows:
Bernardino,
California,
Commencing at the intersection of the centerline of
Kingman Avenue and the West line of Tiajuana
Street, 30.00 feet wide as shown on Tract Map No.
1802, as per plat thereof recorded in Book 26 of
Maps, Page 80, in the office of the County Recorder
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tllis 93:"911
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15.06-141
02/26/93
15.06-141 - LEASE - COMCAST CABLEVISION INC., PORTION OF NUNEZ PARK
of said County; thence North 000 08' 00" West along
said West line of Tiajuana Street, a distance of
3.82 feet to the True Point of Beginning: thence
South 890 52' 00" West, a distance of 50.00 feet;
thence North 000 08' 00" West, a distance of 30.00
feet; thence North 890 52' 00" East, a distance of
50.00 feet, to said West line of Tiajuana Street:
thence South 000 08' 00" East along said West line,
a distance of 30.00 feet to the True Point of
Beginning.
Said property is outlined in red in the attached Exhibit "A".
3. Term.
The term of this Lease shall be for a period of ten (10) years
commencing April 1, 1993 and terminating on March 31, 2003, unless terminat-
ed at an earlier date as provided in Paragraph 15 or Paragraph 18 below.
4. Lease Payments.
Lessee shall pay Two Thousand Four Hundred dollars ($2,400.00)
per year as rental for the premises, payable in advance by April 1st of each
year, commencing April 1, 1993. Payments shall be directed to:
City of San Bernardino
Finance Department
300 North "D" Street
San Bernardino, CA 92418
5. Use Restrictions.
Lessee's permitted uses of the leased property during the term of
this Lease shall be limited to:
(a) construction, installation, and maintenance of a triangular
tower, approximately thirty-five feet (35') tall with a six foot (6') in
diameter dish mounted on its top for a CATV antenna and re-transmission
station.
(b) construction, installation, and maintenance of a six foot by
eight foot (6' x 8') cement block building.
(c) construction, installation, and maintenance of a six foot
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ll,ES 93,..90
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15.06-141
02/26/93
15.06-141 - LEASE - COMCAST CABLEVISION INC., PORTION OF NUNEZ PARK
(6') chain link fence and appurtenant landscaping around its perimeter.
(d) construction, installation, and maintenance of two (2) nine
foot by nineteen foot (9' x 19') parking spaces for maintenance and/or in-
spection vehicles.
6. Improvements.
Lessee shall not make, or suffer to be made, any alterations to
the demised premises, or any part thereof, other than as set forth in
Paragraph 5 herein, without the prior written consent of Lessor.
Any and
all alterations and/or improvements made to the demised premises pursuant to
this section shall, upon termination of this Lease agreement, be removed
from the premises, and the land returned to its previous state.
7. Maintenance and Inspections.
Lessee shall, at Lessee's own cost and expense, keep and maintain
all improvements hereinafter constructed on the property in good condition
and repair, and shall use all reasonable precaution to prevent waste, damage
or injury to the property. Lessor shall, at any reasonable time, have the
right to go upon the property and inspect and examine the same relative to
such maintenance and upkeep.
8. Utilities.
Lessee shall pay for all electricity, gas, water, telephone ser-
vice, and all other services and utilities, including service installation
fees and charges for such utilities during the term of this Lease. All
utility connections for the facility shall be placed underground.
9. Liens andlor Encumbrances.
Lessee shall payor cause to be paid, all costs of construction
and/or installation of all improvements. Lessee shall keep the property
free and clear of any and all claims arising out of performance of work,
furnishing of materials, and use of utilities.
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RES 93-90
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15/06-141
02/2/93
15.06-141 - LEASE - COMCAST CABLEVISION INC., PORTION OF NUNEZ PARK
10. Permits and Fees.
Lessee shall obtain all necessary permits and pay all license
fees, assessments, taxes, penalties or fines which may be levied against
said property by virtue of the installation of Lessee's leasehold improve-
ments, equipment, furniture, fixtures or other personal property.
11. Liability Insurance.
Lessee agrees to procure and maintain in force during the term of
this Lease and any extension, at its own expense, public liability insurance
in companies and through brokers approved by Lessor, adequate to protect
against liability for damage claims arising in or around the Leased premises
in a minimum amount of at least one million dollars ($1,000,000) combined
single limit. Lessee shall provide to Lessor a certificate of insurance and
an additional insured endorsement which provides:
(a) The City of San Bernardino as an additional insured.
(b) The insurance company name, policy number, period of cover-
age, and the amount of insurance.
(c) That the Real Property Section of the City of San Bernardino
must be given notice in writing at least thirty (30) days prior to
cancellation, material change, or refusal to renew the policy.
(d) That Lessee's insurance will be primary to any coverage the
City of San Bernardino may have in effect.
12. Hold Harmless.
Lessee shall hold Lessor, its elective and appointive boards,
commissions, officers, agents, and employees harmless from any liability for
damage or claims for damage for personal injury, including death, as well as
from claims for property damage 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.
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RES 113.,.90
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15.06-141
02/26/93
15.06-141 - LEASE - COMCAST CABLEVISION INC., PORTION OF NUNEZ PARK
Lessee agrees to and shall defend Lessor and its elective and appointive
boards, commissions, officers, agents, and employees 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.
13. Taxes/Possessory Interest.
Lessee recognizes and understands that this Lease may create
a possessory interest subject to property taxation, and that the Lessee may
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 tenant's leasehold improvements, equipment,
furniture, fixtures, or other personal property.
14. Compliance with Laws.
Lessee shall not violate, nor allow the violation of, any
law of the City, State or Federal governments or rules of the City, in con-
ducting its operations under this Lease.
15. No Sublease or Assignment.
Lessee shall not sublet the premises, or any part thereof,
or assign this Lease, without Lessor's prior written consent.
16. Default
Lessor shall have the right of immediate termination of this
Lease and of immediate occupancy of the leased premises in the event Lessee
violates any of its terms or conditions. Such immediate termination shall
not relieve Lessee from liability for damages for breach of lease or for
injury to the leased premises.
17. Amendment.
This Lease may be amended or modified only by written agreement
signed by both parties. Failure on the part of either party to enforce any
provision of this Lease shall not be construed as a waiver of the right to
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RES .t13;-90
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15.06-141
02/26/93
15.06-141 - LEASE - COMCAST CABLEVISION INC., PORTION OF NUNEZ PARK
compel enforcement of such provision or provisions, nor act to release any
surety from its obligations under this Lease.
18. Termination
A one hundred-twenty (120) day written notice of termination
of this Lease by either party may be given to the other party, and this
Lease shall terminate one hundred-twenty (120) days thereafter.
19. Notices
All notices given in connection with this Lease shall be in
writing and delivered in person or sent by certified mail, postage prepaid,
addressed as follows:
LESSOR
City of San Bernardino
Real Property Section
300 North "U" Street
San Bernardino, CA 92418
LESSEE
Comcast Cablevision, Inc.
2090 North "D" Street
San Bernardino, CA 92405
20. Q2tion to Renew
If Lessee has fully performed all of the terms, conditions, and
covenants of this Lease for the lease term hereof, then Lessee shall have
the option to renew this Lease for an additional ten (10) year period after
the expiration of the term of this Lease. Said renewal shall be at a total
rent to be negotiated by the Lessor and Lessee, but at a rate no less than
the current rent plus twenty-five percent (25~) or three thousand dollars
($3,000.00).
To exercise the option to renew, Lessee must give Lessor
written notice of Lessee's intention to do so at least one hundred-twenty
(120) days prior to the expiration of this Lease.
21. Covenants
There are no covenants or warranties other than those expressed
in this Lease.
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RES .93-90
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15.06-141
02/26/93
15.06-141 - LEASE - COMCAST CABLEVISION INC., PORTION OF NUNEZ PARK
IN WITNESS WHEREOF, the parties have executed this Lease on the day
and year set forth at the beginning of this Lease.
CITY OF SAN BERNARDINO
/::'2~~' ---~/
~--' --- L---
W. . oleo b, Mayo
ATTEST:
I?_^" /J ~______
~ty Clerk
COMCAST CABLEVISION, INC.
BY:;~U&
Michael Schenker, General Manager
(Q---- ----
n,B~r
Approved as to form
and legal content
James F. Penman,
City Attorney
2~~_____
7
,RES,93-90
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CITY OF SAN BERNARDINO
LEASE FOR: CXM::AST CABLEVISION, INC.
FILE NO.: 15.06-141
LOCATION: WESTERLY 1ERMINUS OF KmliAN AVENUE AND WEST LrnE OF TIAJUANA STREET
(NUNEZ PARK)