HomeMy WebLinkAbout1993-222
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15.06-113
06/09/93
RESOLUTION NO ._-9.J.=-222___
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF LEASE WITH COMCAST CABLEVISION, INC., RELATING TO CERTAIN REAL PROPERTY
SITUATED AT THE NORTHWEST CORNER OF HIGHLAND AVENUE AND ORANGE STREET, IN
SAN BERNARDINO.
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-
ardino are hereby authorized and directed to execute on behalf of said City,
a Lease with Comcast Cablevision, Inc., relating to certain real property
located at the Northwest corner of Highland Avenue and Orange Street, a copy
of which is attached hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
SECTION
The authorization to execute the above-referenced
2.
agreement is rescinded if the parties to the agreement fail to execute it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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RES 93-222
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15.06-113
06/09/93
LEASE: COMCAST CABLEVISICI\', INC. \ORTHWEST CORNER OF HIGHLA'ID AND ORANGE
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
TP9nlar~~~~~~~~~~~~ meeting thereof, held on the M6th~__day of
July
, 1993, by the following vote, to wit:
COUNCIL MEMBERS
ABSTAIN
AYES
NAYS
ABSENT
NEGRETE
~._~x_
CURLIN
__-L
HERNANDEZ
_~x_
OBERHELMAN
~-L
OFFICE VACANT
POPE-LUDLAM
__L
MILLER
_~L
~-a-U..d ~
--' ---------_._-------------------_._-
Rache Clark, City Clerk
The foregoing resolution is hereby approved this ~_~~~~day of
_J:llly~______. _._____ _~___ ________, 1993.
~yz~
-l--~--------------------------
Tom Minor, Mayor
City at San Bernardino
Approved a.s to form
and legal content
James F. Penman
City Attorney
~~ 2__~__
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15.06-113
06/09/93
Res 93-222
C;jrUGlNAL
LEA S E
(CATV Antenna and Re-transmission Station)
THIS AGREEMENT (Lease), made and entered into thi s __~~-\\i>..",____ day of
__~~~______________, 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
I'Lesseetl .
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 property herein described.
(b) Lessee has requested a new lease for their existing CATV
antenna and re-transmission station located approximately 236 feet North of
Highland Avenue on the West side of Orange Street (Northwest corner of
Highland Avenue and Orange Street), and Lessor is willing to lease the
property to Lessee upon the terms and conditions hereinafter set forth.
NOW THEREFORE, the parties hereto agree as follows:
1. Property Leased.
Lessor hereby leases to Lessee, and the Lessee hereby leases from
Lessor, an irregular plot approximately 20 teet by 28 teet lying approx-
imately 236 feet North of the Northwest corner of Highland Avenue and Orange
Street, described as follows:
That portion of the South one-half of Section 29,
Township 1 North, Range 3 West, San Bernardino
Meridian and being a portion of the property con-
veyed to the City of San Bernardino by document
recorded July 25, 1968 in Book 7065, Page 991,
Official Records of the County Recorder of San
Bernardino County, State of California, more par-
ticularly descr-ibed as follows:
Commencing at the intersection of the centerlines
of Highland Avenue and Orange Street; thence North
1
RES 93-222
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15.06-113
06/09/93
LEASE OF CITY PROPERTY - COMCAST CABLEVISION INC., NWC HIGHLAND AND ORANGE
000 20' 55" West, along the centerline of said
Orange Street, a distance of 235.93 feet; thence
North 890 39' 05" West, a distance of 37.67 feet to
the True Point of Beginning; thence South 890 43'
06" West, a distance of 15.45 feet; thence North
270 35' 15" West, a distance of 10.00 feet; thence
North 00 04' 22" East, a distance of 18.92 feet;
thence North 890 48' 35" East, a distance of 20.16
feet; thence South 00 12' 45" West, a distance of
27.78 feet, to the True Point of Beginning.
Said property is outlined in red in the attached Exhibits "1" and "2",
2. Term.
The term of this Lease shall be for a period of ten (10) years
commencing July 1, 1993 and terminating on June 30, 2003, unless terminated
at an earlier date as provided in Paragraph 15 or Paragraph 17 below.
3. Lease Payments.
Lessee shall pay One Thousand Eight Hundred Dollars, ($1,800.00)
per year as rental for the premises, payable in advance by July 1st of each
year, commencing July 1, 1993. Payments shall be directed to:
City of San Bernardino
Finance Department
300 North "D" Street
San Bernardino, CA 92418
4. Use Restrictions.
Lessee's permitted uses of the leased property during the term of
this Lease shall be limited to:
(a) maintenance of a triangular tower, approximately thirty-five
feet (35') tall with a 2.4 meter diameter dish mounted on its top for a CATV
antenna and re-transmission station.
(b) maintenance of a six foot by eight foot (6' x 8') cement
block building.
(c) maintenance of a six foot (6') chain link fence and appur-
tenant landscaping around its perimeter.
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RES 93;222
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15.06-113
06/09/93
LEASE OF CITY PROPERTY - COMCAST CABLEVI3IOt\ INC., !\IWC HIGHLAND AIJD ORANGE
5. lmprovement~.
Lessee shall not make, or suffer to be made, any alterations to
the demised premises, or any part thereot, 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.
6. 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.
7. utilities.
Lessee shall pay for all electricity, gas, water, telephone
service, and a 11 other services and uti I i ties, inc1 uding service install a-
tion fees and charges for such utilities during the term of this Lease. All
utility connections for the facility shall be placed underground.
8. Liens and/or 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.
9. Permits and Fees,
Lessee shall obtain all necessary permits and pay all license
fees, assessments, taxes, penalties or fines which may be levied against the
property by virtue of the installation of Lessee's leasehold improvements,
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~s 93.-222
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15/06-113
06/09/93
LEASE OF CITY PROPERTY - COMCAST CAllLEVISJON rr,c, , NWC HH,HLAND A\lD ORANGE
equipment, furniture, fixtures or other personal property.
10. LiabiJLtY_JnsuT~Il"~'
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 pl'otect
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 Pl'operty 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.
11. 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 persona] 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.
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
callsed, by reason of any of Lessee's operations under thi s Lease.
4
RES 93-222
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15. D6-113
06/09/93
LEASE OF CITY PROPERTY - COMellST CABLEVISJON fNC., Nwe HIGHl.AND A\'O ORANGE
12. T~I]{esjl'Os~e_S_~OD!uln_lecres t.
Lp-ssee recognizes and understands that this Lease lIlay create d
possessory inter-est subject to property taxation, and that the l.essee may be
suhject to the payment of property taxes levied on such interest.
Lessee
agrees to, and shall hold harmless, l.essor- from any and all liability for'
any such taxes due by virtue of tenant's leasehold improvements, equipment,
furniture, fixtures, or other personal property.
13. Compliance with ~~s.
Lessee shall not violate, nor allow the violation of, any law of
the City, state or Federal governments or rules of the City, in conducting
its operations under this Lease.
14. No Sublease or Assignment.
Lessee shall not suhlet the premises, or any part thereof, or
assign this Lease, without l.essor's prior written consent.
15. 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, however, Lessee shall have thirty
(30) days to correct any such violation (if correelable) prior to the termi-
nation of this Lease.
Such termination shall not relieve Lessee from
liability for damages for breach of lease or for injury to the leased prem-
ises.
16. Amendment.
This l.ease 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 shal I not be construed as a waiver' of the right to
compel enforcement of such provision or provisions, nor act to release any
surety from its obligations under this Lease.
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RES 93-22
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15.06-113
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LEASE OF CITY PROPERTY - COMCAST CAHLEVISION INC., NWC HIGHLAND AND ORANGE
17. Termination,
__,__._._u____..__
A one hunnren-twenty (120) day written notice of termination of
of this Lease by either party may be given to the other party, and this
Lease shall terminate one hunnred-twenty (120) days thereofter.
18. Notices.
All notices given in connection with this Lease shal I be in writ-
ing and delivered in person or sent by certified mail, postage prepaid,
addressed as follows:
LESSOR
City of San Bernardino
Real Property Section
300 North "D" street
San Bernardino, CA 92418
LESSEE
Comcast Cablevision, Inc.
2090 North "D" Street
San Bernardino, CA 92405
19. Option 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 ann Lessee, but at a rate no less than
the current rent pI us twenty-five percent (25~) or' Two Thousand Two Hundred
Fifty dollars ($2,250.00). 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.
20. Covenants
There are no covenants or warranties other than those expressed
In this Lease.
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RES 93-222
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15.06-113
06/09/93
LEASE OF CITY PPOPERTY - COMCAST CA'lLEVfSIO'I [NC., I\\\C HIGHLA'ID AND ORA\GE
IN WITNESS WHEREOF, the parties have executed this Lease OIl t.he dflY flnd
year set forth at the beginning of this Lease.
ATTEST:
_ i?_____~__~___~___u
R~ity Clerk
Approved as to form
and legal content
James F. Penman,
City Attorney
By:
_ __~_]_J!C:~:::::".\:::-!"-"=---_n
CITY OF SAN BERNARDINO
~/ ,
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/ . ... ...m_
Tom inor, Mayor
COMCAST CABLEVISION, INC.
By :__~_~__________ _________
Michael Schenker, Gener"al Manager
s iness ~Ianager
7
RES 93-222
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