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Home My WebLink About12-Development Services ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution authorizing the City Manager to execute a Letter of Consent allowing T-Mobile to Dept: Development Services sublease Sprint PCS's existing tower space to Clear Wireless, LLC, as a co-plane collocation, and to Date: November 9, 2009 execute a Letter of Consent for Sprint PCS, to permit Clear Wireless, LLC, to use a portion of Sprint PCS's File: 15.06-143 & 15.06-148 leased area, on a portion of Nicholson Park. MCC Date: December 21, 2009 Synopsis of Previous Council Action: 04/01/1996- Resolution No. 96-83 was adopted authorizing a Lease with Pacific Bell Mobile Services(now T-Mobile)at Nicholson Park. 08/21/2000- Resolution No. 2000-261 was adopted authorizing a Lease with Cox PCS Assets, LLC, (known as Sprint PCS) at Nicholson Park. Recommended Motion: Adopt Resolution. Valerie C. Ross Contact Person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report, Maps, Reso Ward(s): 6 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.)N/A Acct. Description: N/A Finance: Council Notes: _ 7 , Agenda Item No. 12 12- V-oR CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Resolution authorizing the City Manager to execute a Letter of Consent allowing T-Mobile to sublease Sprint PCS's existing tower space to Clear Wireless, LLC, as a co-plane collocation, and to execute a Letter of Consent for Sprint PCS, to permit Clear Wireless, LLC, to use a portion of Sprint PCS's leased area, on a portion of Nicholson Park. BACKGROUND: On April 1, 1996,the Mayor and Common Council adopted Resolution No. 96-83, which authorized the City to enter into a Lease Agreement with Pac-Bell Mobile Services, now known as T-Mobile, for a portion of the northwest corner of Nicholson Park for the purpose of a cell tower and appurtenances. Nicholson Park is located on the northwest corner of 2nd Street and Meridian Avenue. Nicholson Park currently has the T-Mobile cell tower with Sprint PCS, and AT&T co-locating on the cell tower. Both Sprint PCS and AT&T have separate ground leases with the City for their cellular equipment. Each co-locator has a sublease with T-Mobile for space on the cell tower to install their antennas and additional cellular equipment, which have all been consented to by the City. Staff received a letter from T-Mobile on October 21, 2009, requesting written approval to sublease Sprint's existing tower space to Clear Wireless LLC, a corporate affiliate of Sprint. Pursuant to Section 15 of T-Mobile's Lease Agreement, T-Mobile shall not sublease the premises without the City's prior written consent. In addition, staff also received a letter from Sprint requesting the City's consent to permit the same corporate affiliate, Clear Wireless LLC, to use Sprint's ground leased area to install and operate transmitting equipment. Sprint has indicated that Clear Wireless will be within the current leased area and it will not increase the size. Pursuant to Section 14 of Sprint's Lease Agreement, Sprint may sublet the lease to any subsidiaries, corporate affiliate or successor legal entities of Sprint, provided that they shall provide written notification to the City. Although the Sprint Lease allows subletting to an affiliate, the T-Mobile Lease does not allow subletting without written consent. Since both letters pertain to the same site and are requesting consent, staff recommends to have them both approved by Council. Clear Wireless is currently in the process of obtaining necessary permits through the Planning Department for the additional equipment, but they can not be issued until this action is approved. The attached resolution authorizes the City Manager to execute the letters consenting to allow both T-Mobile and Sprint to sublease to Clear Wireless. FINANCIAL IMPACT: None. No additional revenue will be received by the City since Clear Wireless will install their equipment within the existing Sprint leased area. 2 RECOMMENDATION: Adopt Resolution. ATTACHMENTS: - Plat Map - Resolution - Exhibits 3 SwHLM aNl4r3 f0 sLNI],0-,K - ` ry Ig all FP Z Ito o � M i a H� E3jfffh W -�Y sa Ea= Lu f a . 1. ^� =: Z F— N r Q Z�D $ (P =g =rP N d r - i> 40 . r = s W s gg � � a zl W� - , Y a ot �W W .i y Jg Z! P is '— `$ isu A W ISMNLMY VIW ONISrsI p YLWO,0-.K �. //�� II SMN3INY 13MN�INful JD YLND.0-.0. �V I I I W v = Ju i i i a i i i a � d U i i i 5 5Y & �g Ci �� a�ssa�� _ � _ n o Z 3 i CL N Zipapia `i' 21 Z1 � Q . 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF A LETTER OF CONSENT ALLOWING T-MOBILE TO SUBLEASE SPRINT PCS'S EXISTING TOWER SPACE TO CLEAR WIRELESS, LLC, AS A CO- 4 PLANE COLLOCATION, AND TO EXECUTE A LETTER OF CONSENT FOR 5 SPRINT PCS, PERMITTING CLEAR WIRELESS, LLC, TO USE A PORTION OF SPRINT PCS'S LEASED AREA, ON A PORTION OF CITY OWNED PROPERTY 6 LOCATED AT 2750 W. 2ND STREET, ALSO KNOWN AS NICHOLSON PARK. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 SECTION 1. That the City Manager of the City of San Bernardino is hereby authorized 10 and directed to execute on behalf of the City, a Letter of Consent allowing T-Mobile to sublease 11 Sprint PCS's existing tower space to Clear Wireless,LLC,an affiliate of Sprint PCS,as a co-plane 12 collocation, on a portion of City owned property located at 2750 W. 2"d Street, also known as 13 14 Nicholson Park, a copy of which is attached hereto as Exhibit"I" and made a part hereof. 15 SECTION 2. That the City Manager of the City of San Bernardino is hereby authorized 16 and directed to execute on behalf of the City, a Letter of Consent for Sprint PCS to permit Clear 17 Wireless,LLC,an affiliate of Sprint PCS, to use a portion of Sprint PCS's leased area on a portion 18 of City owned property located at 2750 W. 2nd Street, also known as Nicholson Park, a copy of 19 20 which is attached hereto as Exhibit "2" and made a part hereof. 21 22 23 24 25 26 27 28 12/15/09 1 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LETTER OF CONSENT ALLOWING T-MOBILE TO SUBLEASE SPRINT PCS'S EXISTING TOWER 2 SPACE TO CLEAR WIRELESS,LLC,AS A CO-PLANE COLLOCATION,AND TO EXECUTE A LETTER OF CONSENT FOR SPRINT PCS, PERMITTING CLEAR WIRELESS,LLC,TO USE A PORTION OF SPRINT PCS'S LEASED AREA,ON A PORTION OF CITY OWNED PROPERTY 3 LOCATED AT 2750 W.2ND STREET,ALSO KNOWN AS NICHOLSON PARK. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof 7 held on the day of 20 ,by the following vote,to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 12 BRINKER 13 SHORETT 14 KELLEY 15 JOHNSON 16 MCCAMMACK I 17 18 19 City Clerk 20 The foregoing resolution is hereby approved this day of 20 21 22 23 PATRICK J. MORRIS, Mayor City of San Bernardino 24 Approved to form: 25 26 JA §F.IPENMAN 27 Ci y Attorney 28 12/15/09 2 National Development—Tower Asset Management T . •Mabile m 3721 Valley Centre Dr.#300;San Diego,CA 92130 October 21, 2009 Attn: To whom it may concern City of San Bernardino 300 North D. Street San Bernardino , CA 92418 RE: IE04188A CM188 Nicholson Park T-Mobile West Corporation, Communications Site Lease Agreement Located at 2750 W.2nd Street, Rialto, CA Dear To whom it may concern: Pursuant to Paragraph 15 of the Communications Site Lease Agreement("Lease") dated April 4, 1996, by and between City of San Bernardino and T-Mobile West Corporation, successor-in-interest to TMO CA/NV, f/k/a Pacific Bell Wireless, LLC as successor in interest to Pacific Bell Mobile Services("T-Mobile"), T-Mobile hereby requests your written approval to sublease Sprint's existing tower space to Clear Wireless, LLC, an affiliate of Sprint PCS Assets, L.L.C. ("Sublessee") as a co-plane collocation. The Sublessee will be bound by the terms and conditions of the Lease. Please indicate your acceptance in the space provided below and return one original of this letter to my attention in the enclosed envelope. T-Mobile has engaged the services of Md7, LLC to administer this process. Please direct any questions to me directly at catr[na.kangrist7a.t-mobile.com or by phone at 858-964-7427. Thank you for your time in this matter. Yours truly, Catrina Kangris Collocation Specialist Tower Asset Management, West T-Mobile West Corporation LESSOR CONSENT: In consideration of the terms, provisions, conditions, covenants, and agreements of that certain Communications Site Lease Agreement, by and between City of San Bernardino and T-Mobile West Corporation, Lessor hereby agrees and consents to the above sublease, including but not limited to the uses, rights-of-way and other rights and responsibilities granted to the Lessee. City of San Bernardino I By' Date: Signature (Print name if different from above) [a copy of this document shall have the same effect as an original] EXHIBIT 661" Sprint Together with NEXTEL October 29,2009 City of San Bernardino Development Services Department Real Property Section 300North"D"Street San Berardino,CA 92418 RE: Communication Site Lease Agreement dated October 2.2000 by and between the CITY OF SAN BERARDINO a municipal corporation,hereinafter referred to as"lessor"and Cox PCS Assets LLC a Delaware Limited Liability Company,also known as Sprint PCS,hereinafter referred to as"Lessee". Property: 2750 W.2"d Street,San Berardino,CA 92376 Dear Mr.Sandoval: In the next couple months, Sprint-Nextel intends to modify its equipment at your Property. Pursuant to Section 5(b) of the above captioned communications site lease agreement,Cox PCS Assets,L.L.C.,a Delaware limited liability company,also known as Sprint PCS,hereby requests Landlord's consent for the modification of Sprint's existing equipment located at the above-referenced location in order to install a new radio equipment cabinet and related accessories. Enclosed for your reference are plans depicting the proposed modification of Sprint/Nextel's equipment. In addition to any rights provided in the lease and the modifications requested in this letter,Tenant requests Landlord's consent to permit Clear Wireless,LLC, to participate in the use of the Site. Any grant of consent will not increase the size or amount of space being used by Tenant or Clear Wireless,LLC,under the Agreement. Please indicate your consent to this installation by signing below,signing the enclosed drawings and returning these documents to me at the address listed below. Plans are deemed accepted with 15 days of receipt,if no written consent or request for changes is submitted. Should you have any questions or comments,please feel free to call me at(702)580-9940. Thank you for your attention to this matter. Sincerely, Ken Stockero The Dema Group Authorized Agent for Sprint-Nextel 2121 E.Warm Springs Road,Suite 2013 Las Vegas,NV 89119 AGREED AND ACCEPTED this day of ,2009. [Entity name if applicable] [Landlord's Name] Title [if applicable] Notice to: EXHIBIT 662" T ® s Mobile , , National Development—Tower Asset Management 3721 Valley Centre Dr.#300;San Diego,CA 92130 October 21, 2009 Attn: To whom it may concern City of San Bernardino 300 North D. Street San Bernardino , CA 92418 RE: IE04188A CM188 Nicholson Park T-Mobile West Corporation,Communications Site Lease Agreement Located at 2750 W. 2nd Street, Rialto, CA Dear To whom it may concern: Pursuant to Paragraph 15 of the Communications Site Lease Agreement ("Lease") dated April 4, 1996, by and between City of San Bernardino and T-Mobile West Corporation, successor-in-interest to TMO CA/NV, f/k/a Pacific Bell Wireless, LLC as successor in interest to Pacific Bell Mobile Services ("T-Mobile"), T-Mobile hereby requests your written approval to sublease Sprint's existing tower space to Clear Wireless, LLC, an affiliate of Sprint PCS Assets, L.L.C. ("Sublessee") as a co-plane collocation. The Sublessee will be bound by the terms and conditions of the Lease. Please indicate your acceptance in the space provided below and return one original of this letter to my attention in the enclosed envelope. T-Mobile has engaged the services of Md7, LLC to administer this process. Please direct any questions to me directly at catrina.kanoris ant-mobile com or by phone at 858-964-7427. Thank you for your time in this matter. Yours truly, Catrina Kangris Collocation Specialist I Tower Asset Management, West T-Mobile West Corporation LESSOR CONSENT: In consideration of the terms, provisions, conditions, covenants, and agreements of that certain Communications Site Lease Agreement, by and between City of San Bernardino and T-Mobile West Corporation, Lessor hereby agrees and consents to the above sublease, including but not limited to the uses, rights-of-way and other rights and responsibilities granted to the Lessee. City of San Bernardino By. Date: Signature (Print name if different from above) [a copy of this document shall have the same effect as an original] National Development—Tower Asset Management able 3721 Valley Centre Dr.#300;San Diego,CA 92130 October 21, 2009 Attn: To whom it may concern City of San Bernardino 300 North D. Street San Bernardino , CA 92418 RE: IE04188A CM188 Nicholson Park T-Mobile West Corporation, Communications Site Lease Agreement Located at 2750 W.2nd Street, Rialto, CA Dear To whom it may concern: Pursuant to Paragraph 15 of the Communications Site Lease Agreement ("Lease") dated April 4, 1996, by and between City of San Bernardino and T-Mobile West Corporation, successor-in-interest to TMO CA/NV, f/k/a Pacific Bell Wireless, LLC as successor in interest to Pacific Bell Mobile Services ("T-Mobile"), T-Mobile hereby requests your written approval to sublease Sprint's existing tower space to Clear Wireless, LLC, an affiliate of Sprint PCS Assets, L.L.C. ("Sublessee") as a co-plane collocation. The Sublessee will be bound by the terms and conditions of the Lease. Please indicate your acceptance in the space provided below and return one original of this letter to my attention in the enclosed envelope. T-Mobile has engaged the services of Md7, LLC to administer this process. Please direct any questions to me directly at catrina.kangrist7a t-mobile com or by phone at 858-964-7427. Thank you for your time in this matter. Yours truly, Catrina Kangris Collocation Specialist Tower Asset Management, West T-Mobile West Corporation LESSOR CONSENT: In consideration of the terms, provisions, conditions, covenants, and agreements of that certain Communications Site Lease Agreement, by and between City of San Bernardino and T-Mobile West Corporation, Lessor hereby agrees and consents to the above sublease, including but not limited to the uses, rights-of-way and other rights and responsibilities granted to the Lessee. City of San Bernardino i By' Date: Signature (Print name if different from above) [a copy of this document shall have the same effect as an original] Sprint Together with NEXTEL October 29,2009 City of San Bernardino Development Services Department Real Property Section 300North"D"Street San Berardino,CA 92418 RE: Communication Site Lease Agreement dated October 2 2000 by and between the CITY OF SAN BERARDINO a municipal corporation,hereinafter referred to as"lessor"and Cox PCS Assets LLC a Delaware Limited Liability Company,also known as Sprint PCS,hereinafter referred to as"Lessee" Property: 2750 W.2°"Street San Berardino CA 92376 Dear Mr.Sandoval: In the next couple months, Sprint-Nextel intends to modify its equipment at your Property. Pursuant to Section 5(b) of the above captioned communications site lease agreement,Cox PCS Assets,L.L.C.,a Delaware limited liability company,also known as Sprint PCS,hereby requests Landlord's consent for the modification of Sprint's existing equipment located at the above-referenced location in order to install a new radio equipment cabinet and related accessories. Enclosed for your reference are plans depicting the proposed modification of SprintfNextel's equipment. In addition to any rights provided in the lease and the modifications requested in this letter,Tenant requests Landlord's consent to permit Clear Wireless,LLC,to participate in the use of the Site. Any grant of consent will not increase the size or amount of space being used by Tenant or Clear Wireless,LLC,under the Agreement. Please indicate your consent to this installation by signing below,signing the enclosed drawings and returning these documents to me at the address listed below. Plans are deemed accepted with 15 days of receipt,if no written consent or request for changes is submitted. Should you have any questions or comments,please feel free to call me at(702)580-9940. Thank you for your attention to this matter. Sincerely, Ken Stockero The Derna Group Authorized Agent for Sprint-Nextel 2121 E.Warm Springs Road,Suite 2013 Las Vegas,NV 89119 AGREED AND ACCEPTED this day of ,2009. [Entity name if applicable] r [Landlord's Name] Title [if applicable] Notice to: Sprint '/' Together with NEXTEI Clear Wireless,LLC Attn: Site Leasing 4400 Carillon Point Kirkland, WA 98033 Telephone: 425-216-7600 Fax: 425-216-7900 Email: Siteleasing@clearwire.com With Copy to: Clear Wireless,LLC Attention: Legal Department 4400 Carillon Point Kirkland, WA 98033 Telephone: 425-216-7600 Fax: 425-216-7900 I f ' �1 Sprint logether with NEXTEL October 29,2009 City of San Bernardino Development Services Department Real Property Section 300North"D"Street San Berardino,CA 92418 RE: Communication Site Lease Agreement dated October 2 2000 by and between the CITY OF SAN BERARDINO a municipal corporation,hereinafter referred to as"lessor"and Cox PCS Assets LLC a Delaware Limited Liabilitv Company also known as Sprint PCS.hereinafter referred to as"Lessee" Property: 2750 W.2nd Street San Berardino CA 92376 Dear Mr.Sandoval: In the next couple months, Sprint-Nextel intends to modify its equipment at your Property. Pursuant to Section 5(b)of the above captioned communications site lease agreement,Cox PCS Assets,L.L.C.,a Delaware limited liability company,also known as Sprint PCS,hereby requests Landlord's consent for the modification of Sprint's existing equipment located at the above-referenced location in order to install a new radio equipment cabinet and related accessories. Enclosed for your reference are plans depicting the proposed modification of SprinbNextel's equipment. In addition to any rights provided in the lease and the modifications requested in this letter,Tenant requests Landlord's consent to permit Clear Wireless,LLC,to participate in the use of the Site. Any grant of consent will not increase the size or amount of space being used by Tenant or tom; Clear Wireless,LLC,under the Agreement. Please indicate your consent to this installation by signing below,signing the enclosed drawings and returning these documents to me at the address listed below. Plans are deemed accepted with 15 days of receipt,if no written consent or request for changes is submitted. Should you have any questions or comments,please feel free to call me at(702)580-9940. Thank you for your attention to this matter. Sincerely, Ken Stockero The Dema Group Authorized Agent for Sprint-Nextel 2121 E.Warm Springs Road,Suite 2013 Las Vegas,NV 89119 AGREED AND ACCEPTED this day of 2009. [Entity name if applicable] [Landlord's Name] Title[if applicable] Notice to: Sprint Together with NEXTEL Clear Wireless,LLC Attn: Site Leasing 4400 Carillon Point Kirkland,WA 98033 Telephone: 425-216-7600 Fax: 425-216-7900 Email: Siteleasinjz@clearwire.com With Copy to: Clear Wireless,LLC Attention: Legal Department 4400 Carillon Point Kirkland,WA 98033 Telephone: 425-216-7600 Fax: 425-216-7900 l