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Home My WebLink About28-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject: Resolution to Execute a Land Lease Agreement with Verizon Wireless for use of a portion of Al Guhin Park, located at 3652 West Little League Drive (San Bernardino Blast). File No. 15.06-157 MCC Date: 12-15-2003 Dept: Development Services Date: December 9. 2003 Synopsis of Previous Council Action: None. Recommended Motion: ADOPT RESOLUTION. wuA 'F::J<--- James Funk C ta t EILEEN GOMEZ on c person: Phone: 5328 Supporting data attachE}d: Staff ReportlMaps/ Ward: 5 ResolutIOn/Lease Agreement FUNDING REQUIREMENTS: Amount: $20,400 annually Source: (Acct. No.) 001-000-4520 (Ar.r.t nF>~r.riptinn) Lease Payments Finance: Council Notes: '1Lo . z <6 ( z,11~3 Agenda Item ~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution to Execute a Land Lease Agreement with Verizon Wireless for use of a portion of Al Guhin Park, located at 3652 West Little League Drive (San Bernardino Blast). BACKGROUND: The Al Guhin Park is located at 3652 West Little League Drive. Currently, the park is being leased from the City by the San Bernardino Blast for its youth soccer program which includes soccer games, practices and other activities related to youth sports. Previously, representatives from the San Bernardino Blast coordinated with Verizon Wireless regarding the relocation of an existing light pole to a new location for the installation of telecommunication panels, which both parties agreed was feasible and would not interfere with the current use of the soccer fields. At this time, Verizon Wireless is interested in entering into a Land Lease Agreement with the City for a wireless telecommunications facility. The area that Verizon Wireless is interested in leasing is a thirty feet by fifty feet area that would be used to construct a pre-fabricated equipment shelter and emergency power generator. The lease area would be surrounded by a wrought iron fence, and both the fence and the shelter would be painted to match the existing fence and bathroom facility already located on the property. The proposed design would include incorporating the replacement of one of the existing four stadium light poles with a similar stadium light pole that could structurally support wireless antennas and cables. Upon approval of the Land Lease Agreement, Verizon Wireless has agreed to relocate an existing light pole from the field to the parking area which would allow more space for additional playing area. Verizon Wireless has also agreed to install additional lights on these poles to compensate for the additional coverage area. The Planning Division has approved Development Permit I (DPI) No. 02-157, contingent upon the approval of the attached Land Lease Agreement. Specific details of the obligations and rights of Verizon Wireless to remove its facilities upon termination of the Lease are outlined in Paragraph 5 of the Lease Agreement. In addition, if required by the City as a condition for approval, Verizon Wireless can obtain a bond or surety for ten thousand dollars ($10,000.00) to assure the City of such removal. FINANCIAL IMPACT: An annual amount of $20,400 revenue to the General Fund by Verizon Wireless for lease payments to be paid in monthly installments of$I,700. RECOMMENDATION: Adopt resolution. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject: Resolution to Execute a Land Lease Agreement with Verizon Wireless for use of a portion of Al Guhin Park, located at 3652 West Little League Drive (San Bernardino Blast). File No. 15.06-157 MCCDate: 11-17-2003 Dept: Development Services Date: November 6, 20<{) R \ G \ N A L Synopsis of Previous Council Action: None. Recommended Motion: ADOPT RESOLUTION. -h!:~ Contact person: EILEEN GOMEZ Phone: Supporting data attached: Staff ReportlMaps/ Ward: ResolutIOn/Lease Agreement FUNDING REQUIREMENTS: Amount: $12,000 annually Source: (Acct. No.) 001-000-4520 5328 5 (Ar:r.t n"''''r:riptinn) Lease Payments Finance: Council Notes: \2..-",~~ ?CO,~-~2- Agenda Item No. /0 '11/17/03 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution to Execute a Land Lease Agreement with Verizon Wireless for use of a portion of Al Guhin Park, located at 3652 West Little League Drive (San Bernardino Blast). BACKGROUND: The Al Guhin Park is located at 3652 West Little League Drive. Currently, the park is being leased from the City by the San Bernardino Blast for its youth soccer program which includes soccer games, practices and other activities related to youth sports. Previously, representatives from the San Bernardino Blast coordinated with Verizon Wireless regarding the relocation of an existing light pole to a new location for the installation of telecommunication panels, which both parties agreed was feasible and would not interfere with the current use of the soccer fields. At this time, Verizon Wireless is interested in entering into a Land Lease Agreement with the City for a wireless telecommunications facility. The area that Verizon Wireless is interested in leasing is a thirty feet by fifty feet area that would be used to construct a pre-fabricated equipment shelter and emergency power generator. The lease area would be surrounded by a wrought iron fence, and both the fence and the shelter would be painted to match the existing fence and bathroom facility already located on the property. The proposed design would include incorporating the replacement of one of the existing four stadium light poles with a similar stadium light pole that could structurally support wireless antennas and cables. Upon approval of the Land Lease Agreement, Verizon Wireless has agreed to relocate an existing light pole from the field to the parking area which would allow more space for additional playing area. Verizon Wireless has also agreed to install additional lights on these poles to compensate for the additional coverage area. The Planning Division has approved Development Permit I (DPI) No. 02-157, contingent upon the approval of the attached Land Lease Agreement. Specific details of the obligations and rights of Verizon Wireless to remove its facilities upon termination of the Lease are outlined in Paragraph 5 of the Lease Agreement. In addition, if required by the City as a condition for approval, Verizon Wireless can obtain a bond or surety for ten thousand dollars ($10,000.00) to assure the City of such removal. FINANCIAL IMPACT: An annual amount of $12,000 revenue to the General Fund by Verizon Wireless for lease payments to be paid in monthly installments of$I,OOO. RECOMMENDATION: Adopt resolution. [ . J~2-----. \ \ L \ . 40th 51. Highland Ave. Bose Line 51. r---' 9th 5t 5th 51. ~ oi < c c ~ ~ Rialta Ave. Mill 51. I ) u o c o " .. 0- Orcn e Show Rd. ~ r/ ., . .~ VICINITY MAP No Scole CITY OF SAN BERNARDINO ~LOPMENT SERVICES DEPARTMENT . REAL PROPERTY SECTION Portion of Al Guhin Park, located at 3652 West Little League Drive (San Bernardino Blast) 'fLo ,;lC ! 2-/; S~-.!. ~ indicates un-incorporated areas ~ within City's Sphere of Influence FileNo.: 15.06-157 Date: May 29, 2003 ~::=g~~}..~I:;; ~~!."<rt~I'i'~i~ . . . .' ~ 1;11: ~ . . ~i~ eg ~i~o~;;~ '.' 8~t;;",'I....oii6: ~.80~o~~ oi~ ~ : : ; :! en. ~~~ ~~~ ~;;! :!5i:~: ~;:;~~:"'i~~....." !i~~~ug~~;!~~~~8 ~ S ~ ~o i"I~ z ~-o ~~8 w~ 31~1lI...t' So .oC~""if;""~ ~ ."t<<~.z~w..~. . ~ " I 1- , ....i:: if..::6<j...U......'I!- ~ ....~zz~ .oCt ~~N .oC:~ 2.....2..... ..... ~ l!: ~.. III. ~ ~.. <.' ~~ ! Q<~. ....t;ZZ~~EW....... <.a5i~I-~~~.~.~. s~~~s~~. &l ell"; ". ;~! ol'i~P ~:~~!:t~~~~ "~~~ B ~i;ii.w~~ ~~i8i8~g !.. :;--.l!j.....oCU. ... ~ ~~i~,R ~ij~a ~". l.~i"~~~J ~515:::Z~~~N8 M u~ ~~N~ ~~ ~ ~5~ -Ii.... i '_~~W .~~~. ~~~i..:~;.~.~.~.~. ~ .-;.!! 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J ! ! ~ I._'-~H J~2 ~ to i. e~ e ~ e e eo eO i~ e _ _ e e i e e e l2 hh i., 000000000@0@@0000@@@@ @ m w " \ e e 21 22 23 24 25 26 e 27 28 1 2 RESOLUTlOt~ lPY 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LAND LEASE AGREEMENT WITH VERIZON WIRELESS FOR 4 USE OF A PORTION OF AL GUHIN PARK, LOCATED AT 3652 WEST LITTLE 5 LEAGUE DRIVE (SAN BERNARDINO BLAST). 6 7 8 9 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, a Land Lease Agreement with Verizon Wireless relating to certain City-owned real property located at 3652 West Little League Drive (San 11 Bernardino Blast), a copy of which is attached hereto, marked Exhibit "I" and incorporated 12 herein by reference as fully as though set forth at length. 13 SECTION 3. The authorization to execute the above-referenced agreement is rescinded 14 15 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this 16 17 18 19 20 resolution. II/ 12/10/03 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LAND LEASE AGREEMENT WITH VERIZON WIRELESS FOR USE OF A PORTION OF AL GUHIN PARK, LOCATED AT 3652 WEST LITTLE LEAGUE DRIVE (SAN BERNARDINO BLAST). e 1 2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 3 Common Council of the City of San Bernardino at a meeting thereof 4 held on the day of , 20_, by the following vote, to 5 wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 8 ESTRADA 9 LONGVILLE 10 MCGINNIS 11 DERRY 12 SUAREZ 13 e 14 ANDERSON 15 MCCAMMACK 16 17 City Clerk 18 The foregoing resolution is hereby approved this day of ,20_ 19 20 21 JUDITH V ALLES, Mayor City of San Bernardino 22 Approved as to fornl and legal content: 23 24 JAMES F. PENMAN City Attorney 25 By: 26 e 27 28 12/1 0103 2 . . . 1 2 3 " day of , 20_, by and between the 5 CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "Lessor", 6 and Los Angeles SMSA Limited Partnership dba Verizon Wireless, by AirTouch Cellular its 7 General Partner, hereinafter referred to as "Lessee". 8 9 10 11 12 13 facility to be located in the Southwesterly portion of Al Guhin Park, 3652 West Little League 14 Drive, San Bernardino, California, 92407 (the "Property"), and Lessor is willing to lease a 15 16 17 18 and Recreation's operations or the public's use of the park. 19 20 governmental permits and approvals enabling Lessee, or its assigns to construct and operate 21 mobile/wireless communications facilities on the Premises. 22 23 24 25 26 foot by fifty foot (30' x 50') area of Al Guhin Park, approximately one thousand five hundred 27 (1,500) square feet, a portion of that certain parcel of property as more particularly described in 28 Site: Little League APN: 0261-172-21 Exhibit "1" LEASE LAND LEASE AGREEMENT THIS LAND LEASE AGREEMENT (Lease), IS made and entered into this RECITALS 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 requested permission to construct a mobile/wireless communications portion of the property to Lessee upon the terms and conditions hereinafter set forth. (c) Lessee believes that the facility will not interfere with the Department of Parks (d) This Lease is conditioned upon Lessee. or Lessee's assigns, obtaining all NOW THEREFORE. the parties hereto agree as follows: I. Propertv Leased: Lessor hereby leases to Lessee. and the Lessee hereby leases from Lessor. a thirty 65114.212/09/03 1 15.06-157 . . said Lease ("Commencement Date"), whichever is later. Lessee shall have the right to extend the term of the 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, then Lessee shall notify the Lessor in writing of Lessee's intention not to extend this Lease at least ninety (90) days prior to the expiration of the first five (5) year term or any renewal term. 1 J Lease Pavments: (a) Lessee shall pay Lessor the sum of three hundred dollars ($300.00) for a document preparation fee upon the Commencement Date of said Lease. In the event the Lease is terminated as a result of testing as set forth in Paragraph 5(a), Lessor shall retain the document preparation fee of$300.00 for work performed. (b) Upon the Commencement Date, Lessee shall pay Lessor as rent. the . annual sum of $20,400.00, payable in monthly installments. The monthly installments shall be in the amount of $1,700.00 each, due and payable on the Commencement Date, and on the same date of each month thereafter. Should the first and last payment of rent be for a partial month, then only the pro-rata portion of the rent shall be paid. 65114.25114.10/31/03 2 15.06-157 e e e Payments shall be directed to: 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 City of San Bernardino Development Services Department/Real Property Section 300 North "0" Street San Bernardino, CA 92418 (c) Rent shall be increased at the beginning of each renewal term by the amount equal to fifteen percent (15%) of the rent for the previous 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, penn its, 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 prior to the Commencement Date, to enter the Premises for the pnrpose of making necessary engineering surveys and inspections (and soil tests where applicable) and other reasonably necessary tests ("Tests") and for the purpose of determining the suitability of the Lessee Facilities (as defined herein) for mobile/wireless communications operations. During any Tests, Lessee shall have insurance as set forth in Paragraph 10, and will notify Lessor of any proposed tests, and will coordinate the scheduling of same with Lessor. If Lessee determines that the Premises are unsuitable for Lessee's contemplated use, then Lessee will notify Lessor and this Lease shall ternlinate. Lessee shall restore the Premises to the condition it was in prior to conducting the Tests. 65114.25114.1 0/31103 3 15.06-157 . . . 65114.25114.10/31/03 4 15.06-157 e e 8. e Lessee shall payor cause to be paid. all costs of construction and/or installation of all improvements. Lessee shall keep the Premises free 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 upon 65114.25114.10/31/03 5 15.06-157 e e e use of utilities by Lessee. This Lease shall be subordinate to any lien, mortgage or deed of trust 1 currently on record against said Property. 2 3 9. Permits and Fees: 4 Lessee shall pay all license fees, assessments, taxes, penalties or fines which may 5 be levied against Lessee by virtue of the installation of Lessee's leasehold improvements. 6 10. Liabilitv Insurance: 7 Lessee agrees to procure and maintain in force during the term of this Lease and 8 any extension, at its own expense, the following insurance from companies with an A.M. Best 9 Rating of at least A-VII, and with such minimum limits set forth below; (I) Commercial 10 11 General Liability with limits of five million dollars ($5,000,000.00) per occurrence, (2) 12 Automobile Liability with a combined single limit of one million dollars 13 ($1,000,000.00) per accident, and (3) Worker's Compensation Insurance as required by law and 14 Employers' Liability with limits of one million dollars ($1,000,000.00) per occurrence. Lessee 15 shall provide to Lessor a certificate of insurance and name Lessor as an additional insured for the 16 general liability policy, which certificate provides: 17 18 (a) On the Commercial General Liability policy that the City of San 19 Bernardino is named as an additional insured for the acts or omissions of Lessee. 20 (b) The certificates will include the insurance company name, policy number, 21 period of coverage, and the amount of insurance. 22 23 24 25 26 27 28 (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 in connection with the acts and omissions of Lessee. 65114.2511410/31/03 6 15.06-157 II. Indemnification: e Except to the extent of the negligence or willful misconduct of Lessor or its agents, boards, officers, employees, representatives or contractors, Lessee shall defend, indemnify, and hold harmless Lessor. its agents, boards. officers, employees. representatives, or contractors against any and all claims, suits. damages for personal injury. including death. property damage, demands, loss or liability of any kind or nature arising from Lessor's approval of this Lease or from Lessee's operations under this Lease. 12. Taxes/Possessory Interest: (a) e 13. e 65114.25114.10/31/03 7 15.06-157 e e e 1 Lessor represents that the Premises have not been used for the generation, storage, treatment or disposal of hazardous substances, hazardous materials or hazardous wastes. In addition. Lessor represents that no hazardous materials, hazardous substances, hazardous wastes, 65114.25114.10/31/03 8 15.06-157 e e e pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude 1 oil or any fraction or derivative thereof) or underground storage tanks are located on or near the 2 3 Premises. Notwithstanding any other provision of this Lease, Lessee relies upon the 4 representations stated herein as material inducement for entering into this Lease. 5 Lessee shall not bring any hazardous materials onto the Premises except for those 6 contained in its back-up power batteries (lead-acid batteries) and common materials used in 7 telecommunications operations, e.g., cleaning solvents. Lessee shall treat all hazardous materials 8 brought onto Premises by it in accordance with all federal, state and local laws and regulations. 9 Amendment: 10 11 (a) This Lease may be amended or modified only by written agreement signed 12 by both parties. Failure on the part of either party to enforce any provision of this Lease shall not 13 be construed as a waiver of the right to compel enforcement of such provision or provisions. 14 (b) If any provision of the Lease agreement is invalid or unenforceable with 15 respect to any party, the remainder of this Lease or the application of such provision to persons 16 other than those as to whom it is held invalid or unenforceable, shall not be affected and each 17 18 provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 19 18. Termination: 20 21 22 23 24 25 26 27 28 17. This Lease may be terminated on thirty (30) days written notice as follows: (i) by either party upon a default of any covenant. condition or term hereof by the other party, which default is not corrected within thirty (30) days of receipt of written notice of default, provided that each party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and said party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion: (ii) by Lessee, if it does not obtain or maintain licenses, permits 65114.25114.l0/31/03 9 15.06-157 . 1 2 3 4 5 6 7 8 9 10 11 12 13 . 17 18 19 20 21 22 23 24 25 26 . 27 28 14 15 16 or other approvals 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 atier the Commencement Date, Lessee provides thirty (30) days written notice to Lessor of termination of this Lease due to the reasons set forth in (iii). above, Lessee shall pay Lessor an amount equal to six (6) months rent at the amount stated in Section 3 of this Lease as "monthly installments" which shall be due and payable from the termination date as payment for such early termination. 19. 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 prevailing party in any legal action to enforce any provision of this Lease shall be entitled to recover from the losing party all attorneys' fees and court costs. including appeals if any, in connection with that action. The portion of the costs. salary. and expenses of the City Attorney and members of his office directly arising from that action (provided reasonable supporting documentation is provided to Lessee), shall be considered as attorney's fees for the purpose of this Lease. (d) Upon request, either party may require that a Memorandum of Lease be recorded in the form of Exhibit "B". (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. 65114.2511410/31/03 10 15.06- 157 20. e e e Title and Ouiet Enjovment: (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 a 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 21. 65114.25114.10/31/03 11 15.06-157 e adversely affect Lessee's use of the Premises, Lessee shall have the right to terminate this Lease 1 (prior to the Commencement Date), immediately upon written notice to Lessor. 2 3 4 22. Notices: All notices given in connection with this Lease shall be in writing and delivered in 5 person or sent by overnight carrier or certified mail, postage prepaid, addressed as follows: e 6 7 8 9 10 11 12 13 14 //1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e LESSOR City of San Bernardino Development Services Department Real Property Section 300 North "0" Street San Bernardino, CA 92418 (909) 384-5328 LESSEE Los Angeles SMSA Limited Partnership dba Verizon Wireless by AirTouch Cellular its General Partner 180 Washington Valley Road Bedminster, New Jersey 07921 Attn: Network Real Estate (866) 862-4404 23. Covenants: There are no covenants or warranties other than those expressed in this Lease. 12 65114.25114.10/31/03 15.06-157 EXHIBIT "A" Legal Description Verizon Wireless facility at AI Guhin Park San Bernardino Blast That portion of Block 77, as shown on plat ofthe Town ofIrvington and the land of Irvington Land & Water Company, in the County of San Bernardino, State ofCaIifornia, as per plat recorded in Book 3 of Maps, Page 9, in the Office of the County Recorder of said County, being more particularly described as follows: Commencing from a found I-inch iron pipe at the intersection of Chestnut A venue and Irvington Avenue, thence North 62043'35" West, a distance of 1393.08 feet; thence South 27031 '24" West, a distance ofl1l4.11 feet; thence North 47009'40" West, a distance of 686.90 feet; thence North 42050'20" East, a distance of 45.00 feet to the Point of Beginning; Thence North 47009'40" West, a distance of 30.00 feet; thence North 42050'20" East, a distance of 50 feet; thence South 47009' 40" East, a distance of 30.00 feet; thence South 42050'20" West, a distance of 50.00 feet to the Point of Beginning. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Los Angeles SMSA Limited Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate (Re: Little League) (Space above this line for Recorder's use.) MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE evidences that a lease was entered into as of ,20_, by and between the City of San Bernardino, a municipal corporation ("Landlord"), and Los Angeles SMSA Limited Partnership d/b/a Verizon Wireless ("Tenant"), concerning certain real property located at Al Guhin Park, 3652 West Little League Drive in the City of San Bernardino, County of San Bernardino, State of California, within the property of Landlord which is described in Exhibit "AI" attached hereto ("Landlord's Property"), together with a right of access and to install and maintain utilities, for an initial term of five years (5) years commencing on , which term is subject to certain rights to extend by Tenant. Landlord shall not cause or permit any use of the Landlord's Property which interferes with or impairs the quality of the communications services being rendered by Tenant. IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Memorandum of Lease Agreement as of the day and year first above written. LANDLORD: TENANT: The City of San Bernardino, a municipal corporation Los Angeles SMSA Limited Partnership, dba Verizon Wireless by AirTouch Cellular, its General Partner By: By: Name: Judith Valles Name: Robert B. Swaine Title: Mayor Title: West Area Vice President - Network ATTEST: By: Name: Rachel Clark Title: City Clerk EXHIBIT "B" California All-Purpose Acknowledgment State of County of ) ) ss. ) On , 20_, before me, , notary public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature MOL.01.29.0ITLB (Seal) - EXHIBIT "A-I" Legal Description Verizon Wireless facility at AI Guhin Park San Bernardino Blast That portion of Block 77, as shown on plat of the Town ofIrvington and the land of Irvington Land & Water Company, in the County of San Bernardino, State of California, as per plat recorded in Book 3 of Maps, Page 9, in the Office of the County Recorder of said County, being more particularly described as follows: Commencing from a found I-inch iron pipe at the intersection of Chestnut Avenue and Irvington Avenue, thence North 62043'35" West, a distance of 1393.08 feet; thence South 2T31 '24" West, a distance of 1114.11 feet; thence North 47009'40" West, a distance of 686.90 feet; thence North 42050'20" East, a distance of 45.00 feet to the Point of Beginning; Thence North 47009'40" West, a distance of 30.00 feet; thence North 42050'20" East, a distance of 50 feet; thence South 47009' 40" East, a distance of 30.00 feet; thence South 42050'20" West, a distance of 50.00 feet to the Point of Beginning. ~". CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: December 19, 2003 TO: Eileen Gomez, Real Property Specialist FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2003-362 At the Mayor and Common Council meeting of December 15, 2003, the City of San Bernardino adopted Resolution 2003-362 - Resolution authorizing the execution of a land lease agreement with Verizon Wireless for use of a portion of Al Guhin Park, located at 3652 West Little League Drive (San Bernardino Blast). Attached is one (1) original agreement. Please obtain signatures in the appropriate location and return the original agreement to the City Clerk's Office as soon as possible, to my attention. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by February 13, 2004. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Michelle Taylor Senior Secretary receipt of e above mentioned documents. Signed: Date: Please sign and return ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): t 2. - /:J '03 Item # '2 ~ Resolution # 'L.6a2,,3((,;).. Vote: Ayes '2;;') Nays ~ Abstain ~ Absent--.J Change to motion to amend original documents: - Reso. # On Attachments: /" Contract term: -- --. Note on Resolution of Attachment stored separately: _ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: 17- '( ,"0:::' Date of Mayor's Signature: !.:;l- \\<-63 Date ofClerk/CDC Signature: \d-" \ 'i;'-()~ NulVVoid After: ~O ~:, / '2 -13 -0'1 / By: Reso. Log Updated: Seal Impressed: ----- ../ Date Memo/Letter Sent for Signature: I d -l C;~o :>, 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: --oate Returned: See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distribut:Yd : C. A . P tty ttomey , Parks & Rec. Dev. Services /" Code Compliance Police Public Services Water Notes: Yes/' No By_ Yes No~ By Yes No .-/" By Yes No y By Yes No ,./' By EDA Financ/ MIS Others: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc,) Ready to File:_ Date: Revised 0 I / 12/0 I