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HomeMy WebLinkAbout16- Public Works File No.: 15.06-141 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: ROGER G. HARDGRAVE Subject: Acceptance of Concrete Structure from Comcast Dept: Public Works/Engineering Cable --- 464 N. Tiajuana Street (Nunez Park) xxx(4 Date: October 15, 1997 � Synopsis of Previous Council Action: 04-05-93 --- Resolution No. 93-90 was adopted, approving a lease with Comcast Cablevision Inc., for a portion of Nunez Park. 07-06-93 --- Resolution No. 93-222 was adopted, approving a lease with Comcast Cablevision Inc., for City property located at the Nothwest corner of Highland Avenue and Orange Street. OCT 16 199% Recommended Motion: Adopt Resolution cc : Fred Wilson, City Administrator Annie Ramos, Dir.Parks, Rec. & Comm. Svcs. ure Jim Penman, City Attorney Contact Person: Les Fogassy Phone: 5026 Supporting data attached: Staff Report, Map, Resolution Ward: 3 FUNDING REQUIREMENTS: Amount: NONE Source (Acct. No.) N/A (Acct. Description) N/A Finance: Council Notes: Res 97- 1l 3/qq 11-03-97 Agenda Item No. ! �lJ -CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT On April 5, 1993, Resolution No. 93-90 was adopted, approving a lease with Comcast Cable for a 50' x 30' section of land located at Nunez Park. On July 6, 1993, Resolution No. 93-222 was adopted, approving an additional lease with Comcast for a 20' x 28' section of land on City property located at the Northwest corner of Highland and Orange, behind the fire station. Under the provisions of the lease agreement,the lease may be terminated by written Notice of either party. Comcast has given Notice on 7/10/97 of their intent to terminate both leases within 120 days. In their letter, they also offered to the City, 6' x 8' concrete structures on each property. The structures were used for the storage of communication equipment. According to the lease agreements, Comcast has the responsibility to restore each of the sites to its prior condition, including the removal of any improvements. We contacted Facilities Management and the Parks Department regarding the retention and use of the structures by the City. Facilities Management responded that they had no use for the structures, but the Parks Department indicated that they would like to retain the structure at Nunez Park. No action is necessary regarding the termination of the leases, since this is provided for within the agreements. We recommend that the offer of the structure at Nunez Park be accepted by the City. ..m 5TH ST. a s . 30' HUILDIA& (EXISTING R\W) ,- SITAC Ln 20' X30' FENCED AREA � ',t N89' 2' 00" E 50.00' �- o 20• �. ° 2 PARKING '`' AErR L ERSED SPACES BY L� ALL T 3 o° CD PROP. o TOWER 9' TYP. r) 00 O O ° o' T.P.O.B. O z N 20• 30• N89' 52"00" E 50.00' 3.82' KINGMAN AVE. WATER WORKS AREA 0 �X 3 cl) N DUST. FENCE t0 - ° cZ O rt Q C, '7 z Q �I- 2, EXISTS C&G 4TH ST. CITY OF SAN BERNARDINO FILE NO. : 15.06-141 .EASE FOR: OOMCAST CABLEVISION, INC. LOCATION: WESTERLY TERMINUS OF KINQlIAN AVENUE AND WEST LINE OF TIAJUANA STREET (NUNEZ PARK) AGREEMENT THIS AGREEMENT, made and entered into this day of , 19 , by and between the CITY OF SAN BERNARDINO, a municipal corporation ("CITY") and COMCAST CABLEVISION, INC., a California corporation ("LESSEE"). WHEREAS, the CITY and LESSEE executed a Lease Agreement on the 5h day of April, 1993, for a portion of CITY owned property located at Nunez Park; and WHEREAS, under the provisions of the Lease Agreement, the Lease Agreement may be terminated by either party, by giving a 120 day written notice; and WHEREAS, pursuant to said Lease Agreement, all improvements installed by LESSEE on the leased premises must be removed at the termination of said Lease Agreement. WHEREAS, on the 10'h day of July, 1997, LESSEE gave written notice to the CITY of its intent to terminate said Lease Agreement and offered a cement block building installed by LESSEE,to the CITY; and WHEREAS, the CITY desires to retain said structure for use by CITY upon termination of said Lease Agreement. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: SECTION 1. LESSEE hereby offers to the CITY, and CITY hereby accepts, that certain six foot (6') by eight foot (8') cement block building constructed on the leased premises as described in said Lease Agreement, by LESSEE, upon termination of said Lease Agreement. EXHIBIT "A" t SECTION 2. Upon execution of this Agreement and termination of said Lease Agreement, CITY shall be sole owner of said structure, and LESSEE shall have no further interest in said structure or the maintenance thereof. SECTION 3. Any and all other improvements constructed or installed on said leased premises by LESSEE, with the exception of said structure, shall be removed by LESSEE upon termination of said Lease Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first set forth above. CITY OF SAN BERNARDINO By: TOM MINOR. Mayor ATTEST: RACHEL CLARK, City Clerk COMCAST CABLEVISION,INC. By: By: Approved as to form and legal content JAMES F. PENMAN City Attorney n By: i` - CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM DATE: October 2, 1998 TO: All Clients FROM: City Clerk's Office RE: SCANNING DOCUMENT PROBLEM NOTICE MAYOR AND COMMON COUNCIL MEETING DATE: November 3, 1997 ITEM #: #16 RESOLUTION: Res 97-335 - Resolution authorizing the execution of an agreement with Comcast Cablevision for the acquisition of a cement block building located at 464 N Tiajuana (Tia Juana) St (Nunez Park). (No cost to the City.) NOTICE OF: Missing Document. Exhibit/Attachment. Public Works/Engineering Bound Contract. Staff Report. Bad Ouality Original. Document. X - Map. Hand Written Original. Ordinance - Legal Advertisement Proof of Publication Bad Ouality. Ordinance - No Staff Report. Missing Signature - FOR ASSISTANCE: Should you have any questions on this matter, please do not hesitate to contact either the records management staff or the Administrative Operations Supervisor at (909) 384-5002. Rachel Clark City Clerk RC:mam