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.
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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