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File No. 15.06-143
ITV OF SAN RERNARDINO REQUEST FOR COUNCIL ACTION
From: ROGER G. HARDGRAVE, Director Subject: Authorization to Execute Lease Agreement
with Pacific Bell Mobile Services for a
Dept: public Works/Engineering portion of Nicholson Park for Mobile/
Date: Wireless Communication Services
�r ORIGINAL M_��ch 12 1996
Synopsis of Previous Council action:
NONE
Recommended motion:
"C5
J
Adopt Resolution
7)
cc: Shauna Clark, City Administrator
Annie Ramos, Director of Parks/Rec
Barbara Pachon, Director of Finance ignature
James F. Penman, City Attorney
Contact person: Anne DeBolt Phone:
Supporting data attached: Staff Report, Resolution, Lea-, e Ward:
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
Acct. Description)
Finance:
Council Notes:
A,
75-0262 Aaenda Item No U
CITY OF SAN 13ERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Several months ago representatives of Pacific Bell Mobile Services approached Parks
and Recreation Services staff to request a site in Nicholson Park for erection of a
mobile/wireless communications tower. Approval of the Parks and Recreation Depart-
ment was received prior to preparation of the Lease, and they have indicated that the
leased area will not interfere with any activities in the park itself.
The area proposed for lease is a 360 square foot portion (18 feet by 20 feet) of the ,
West edge of Nicholson Park, approximately 500 feet North of Second Street. Pacific
Bell Mobile Services intends to build a mobile/wireless communications tower on the
site. The site will be enclosed with a 6 foot fence to safeguard visitors to the
park area..
The term of the proposed Lease is 5 years commencing no later than December 31, 1996.
Lease payments shall be $500 per month, payable in advance. Lessee will have the
right to extend the term of the Lease for five additional terms of 5 years each. Each
five year extension will have a 15% increase in the lease payment.
Pacific Bell Mobile Services has paid the City a $300 fee for the preparation of the
lease documents. The Lease has been executed by Charles Vranek, Pacific Bell Mobile
Service's Network Deployment Manager.
We recommend that the Lease Agreement be approved.
03/12/96 2
' 15.06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTION OF NICHOLSON PARK
DRAWING OF LESSOR'S PROPERTY AND LESSEE'S PREMISES
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EXHIBIT "C"
15.06-143
03/11/96rev
TABLE OF CONTEN'T'S
COMMUNICATIONS SITE LEASE AGREEMEN'C
1 CITY OF SAN BERNARDINO - PACIFIC BELL MOBILE SERVICES
2 RECITALS PAGE 1
3 1. PROPERTY LEASED PAGE t
4 2. TERM PAGE 2
5 3. LEASE PAYMENTS PAGE 3
6 4. USE RESTRICTIONS PAGE 3
7 5. I`PROVEMENTS PAGE 3
8 6. MAINTENANCE AND INSPECTIONS PAGE 5
9 7. UTILITIES PAGE 5
10 8. LIENS AND/OR ENCUMBRANCES PAGE 6
11 9. PERMITS AND FEES PAGE 6
12 10. LIABILITY INSURANCE PAGE 6
13 11. HOLD HARMLESS PAGE 7
14 12. INDEMNIFICATION PAGE 7
15 13. TAXES/POSSESSORY INTEREST PAGE 8
16 14. COMPLIANCE WITH LAWS PAGE 9
17 15. NO SUBLEASE OR ASSIGNMENT PAGE 9
18 16. DEFAULT PAGE 9
19 17. ENVIRONMENTAL PAGE 9
20 18. AMENDMENT PAGE 10
21 19. TERMINATION PAGE 10
22 20. MISCELLANEOUS PAGE 11
23 21. INTERFERENCE WITH COMMUNICATIONS PAGE It
24 22. TITLE AND QUIET ENJOYMENT PAGE 12
25 23. NOTICES PAGE 12
26 24. COVENANTS PAGE 13
27 SIGNATLTES PAGE 13
EXHIBIT "A" DESCRIPTION OF LESSOR'S PROPERTY PAGE 14
28 EXHIBIT "B" DESCRIPTION OF PREMISES PAGE l5
EXHIBIT "C" DRAWING OF LESSEE'S PREMISES PAGE 16
EXHIBIT "D" MEMORANDUM OF LEASE PAGE 17 c�L
.06-143
5
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1 L E A S T
2 (COMMUNICATIONS SITE LEASE AGREEMENT)
3 THIS COMMUNICATION SITE LEASE AGREEMENT (Lease) , is made and entece-d
4 into this day of , 1996, by and
5 between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter
6 rt:rerred to as "Lessor" , and PACIFIC BELL MOBILE SERVICES, a California
7 corporation, hereinafter referred to as "Lessee" .
S R E C I T A L S
9 This Lease is made and entered into with respect to the following
10 facts:
11 (a) Lessor is the owner of the Premises herein described.
12 (b) Lessee has requested permission to construct a mobile/wire-
13 less communications facility to be located in the Southwesterly portion of
14 Nicholson Park, and Lessor is willing to lease the Premises to Lessee upon
15 the terms and conditions hereinafter set forth.
16 (c) Lessor believes that the facility will not interfere with
17 the Department of Parks and Recreation's operations or the public's use of
18 the park.
19 (d) This Lease is conditioned upon Lessee, or Lessee's assigns,
20 obtaining all governmental permits and approvals enabling Lessee, or ii-s
21 assigns to construct and operate mobile,/wireless communications facilities
22 on the Premises .
23 NOW THEREFORE, the parties hereto agree as follows:
24 1. Property Leased.
25 Lessor hereby leases to Lessee, and the Lessee hereby leases from
26 Lessor, an eighteen foot (18' ) by twenty foot (20' ) section adjacent to th;�
27 Westerly boundary line of Nicholson Park, West of Meridian Avenue, and
2$ approximately five hundred feet (500' ) North of Second Street, described as
3.06-1.43
1, inn
15.06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTION OF NICHOLSON PARK
1 follows:
2 That portion of the East 1/2 of Lot 78 of the Town
of Rialto and Adjoining Subdivisions, as per plat
3 thereof recorded in Book 4 of Maps, Page 11, in the
office of the Countv Recorder of San Bernardino
4 Countv, described as follows:
5 Commencing at the intersection of the North line of
Second Street and the West line of the East 1/2 of
6 said Lot 78, thence North along said west line, a
distance of 500.00 feet to the Point of Beginning;
7 thence East at right angles to said West line, a
distance of 18.00 feet; thence North and parallel
8 with said West line, a distance of 20.00 feet:;
thence West at right angles, a distance of 18.00
9 feet to the West line of said East 1/2 of Lot 78;
thence South along said West line, a distance of
10 20.00 feet to the True Point of Beginning.
11 Said property is outlined in red in the attached Exhibit "C" , and includes
12 any applicable easements for access and utilities (collectively, the "Prem-
13 ises") .
14 2. Term.
15 The term of this Lease shall be five (5) years, commencing with
16 the issuance of a local building permit allowing Lessee to construct its
17 mobile/wireless communications facilities on the Premises, or December 31,
18 1996, whichever is earlier ("Commencement Date") . Lessee shall have the
19 right to extend the term of this Lease for five (5) additional terms of five
20 (5) years each. Each renewal term shall be on the terms and conditions set
21 forth herein. This Lease shall automatically be extended for each succes-
22 sive five (5) year renewal term upon Lessor's receipt of Lessee's written
23 notification of intention to renew no later than ninety (90) days prior to
24 the expiration of the first five (5) year term or any renewal term. In the
25 event the Lessee decides not to extend this Lease, then Lessee shall notify
26 the Lessor in writing of Lessee's intention not to extend this Lease it
27 least ninety (90) days prior to the expiration of the first five (5) year
28 term or any renewal term.
5.06-143
15.06-143 LEASE - PACIFIC BELL MOBILE SERVICES•, A PORTION OF NICHOLSON PARK
1 3. Lease Payments
2 (a) Lessee shall pay Lessor the sum of three hundred dollars
3 (S300.00) for a document preparation fee no later than April 1, 1996. in
4 the event the Lease is terminated as a result of testing as set forth in
5 Paragraph 5a, the document preparation fee of $300.00 shall be retained by
6 Lessor for work performed.
7 (b) Upon the Commencement Date, Lessee shall pay Lessor, as
8 rent, the sum of Five Hundred dollars ($500.00) per month. Rent shall be
9 payable on the 1st day of each month, in advance. Payments shall be direct-
10 ed to:
11 City of San Bernardino
Public Works/Engineering
12 attn: Real Property Section
300 North "D" Street
13 San Bernardino, CA 92418
14 (c) Rent shall be increased at the beginning of each renewal
15 term by the amount equal to fifteen percent (15%) of the rent for the previ-
16 ous term or renewal term.
17 4. Use Restrictions.
18 The Premises may be used by Lessee for any lawful activity in
19 connection with the provisions of mobile/wireless communications services,
20 including without limitation, the transmission and the reception of radio
21 communication signals on various frequencies, and the construction,
22 maintenance and operation of related communications facilities. Lessor
23 agrees to cooperate with Lessee, at Lessee's expense, in making application
24 for and obtaining all licenses, permits, and any and all other necessary
25 approvals that may be required for Lessee's intended use of the Premises.
26 5. Improvements.
27 (a) Lessee shall have the right (but not the obligation) at any
28 time following the full execution of this Lease, and prior to the Commence-
_5.06-143
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15.06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTION OF NICHOLSON PARK
1 went Date to enter the Premises for the purpose of making necessary engi-
2 neering surveys and inspections (and soil tests where applicable) and other
3 reasonably necessary tests ("Tests") and for the purpose of determining tho
4 suitability of Lessee Facilities (as defined herein) for mobile/wireless
5 communications operations and preparing for the construction of such facili-
6 ties. During any Tests or pre-construction work, Lessee shall have in-
7 surance as set forth in Paragraph 10, and will notify Lessor of any proposed
8 tests or pre-construction work, and will coordinate the scheduling of same
9 with Lessor. If Lessee determines that the Premises are unsuitable for
10 Lessee's contemplated use, then Lessee will notify Lessor and this Lease
11 shall terminate. Lessee shall restore the Premises to the condition it
12 was in prior to conducting the Tests.
13 (b) Lessee has the right to erect, maintain and operate on the
14 Premises, radio communications facilities, including but not limited to
15 radio frequency transmitting and receiving equipment, batteries, utility
16 lines, transmission lines, radio frequency transmitting and receiving anten-
17 nas and supporting structures and improvements ("Lessee Facilities") . In
18 connection therewith, Lessee has the right to do all work necessary to
19 prepare, add, maintain and alter the Premises for Lessee's business opera-
20 tions and to install utility lines and transmission lines connecting anten-
21 nas to transmitters and receivers. All of Lessee's construction and in-
22 stallation work shall be performed at Lessee's sole cost and expense and in
23 a good and workmanlike manner. Title to the Lessee Facilities and any equip-
24 ment placed on the Premises by Lessee shall be held by Lessee. All of
25 Lessee Facilities shall remain the property of Lessee and are not fixtures .
26 Lessee has the right to remove all Lessee Facilities at its sole expense on
27 or before the expiration or earlier termination of this Lease. Lessee shall
28 not make any material alterations to the Premises, or any part thereof,
3/06-143
15.06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTION OF NICHOLSON PARK
1 other than as set forth in Paragraph 5 herein, without the prior written
2 consent of Lessor. Any and all alterations and/or improvements made to the
3 Premises pursuant to this section shall , upon termination of this Lease,
4 removed from the Premises, and the land returned to its previous state.
5 (c) Lessor shall provide to Lessee, Lessee's employees, agents
6 and subcontractors, access to the Premises twenty-four (24) hours a day,
7 seven (7) days a week, at no charge to Lessee. Lessor represents and war-
8 rants that it has full rights of ingress to and egress from the premises,
9 and shall allow Lessee access from the nearest public roadway (Second
10 Street) to the Premises at all times, and hereby grants such ingress and
11 egress rights to Lessee along the West line of Nicholson Park, to the extent
12 required to maintain, install and operate the Lessee Facilities on the
13 Premises. Lessee shall repair any damages Lessee, its agents, employees,
14 officers, or contractors cause to said above ingress and egress area.
15 6. Maintenance and Inspections.
16 Lessee shall , at Lessee's own cost and expense, keep and maintain
17 all improvements hereinafter constructed on the Premises in good condition
18 and repair, and shall use all reasonable precaution to prevent waste, damage
19 or injury to the Premises. Lessor shall, at any reasonable time, have the
20 right to go upon the Premises upon notice to Lessee, and inspect and examine
21 the same relative to such maintenance and upkeep.
22 7.
23 Lessee shall have the right to install utilities, at Lessee's ex-
24 pense, and to improve the present utilities on or near the Premises (includ--
25 ing, but not limited to the installation of emergency power generators) ,
26 subject to Lessor's approval of the location, which approval shall not 1,(�
27 unreasonably withheld.
28 Lessee shall pay for all electricity, gas, water, telephone
5.06-143
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15.06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTION OF NICHOLSON PARK
1 service, and all other services and utilities, including service installa-
2 tion fees and charges for such utilities used by Lessee during the term of
3 this Lease.
4 8. Liens and/or Encumbrances.
5 Lessee shall pay or cause to be paid, all costs of construction
6 and/or installation of all improvements. Lessee shall keep the Premises
7 free and clear of any and all claims arising out of performance of work on
8 Lessee's behalf, furnishing of materials on Lessee's behalf, and use of
9 utilities by Lessee.
10 9. Permits and Fees.
11 Lessee shall pay all license fees, assessments, taxes, penalties
12 or fines which may be levied against Lessee's Facilities by virtue of the
13 installation of Lessee's leasehold improvements.
14 10. Liability Insurance.
15 Lessee agrees to procure and maintain in force during the term of
16 this Lease and any extension. at its own expense, the following insurance
17 in companies approved by Lessor, adequate to protect against liability for
18 damage claims arising in or around the Leased premises; (1) Commercial
19 General Liability with limits of five million dollars ($5,000,000.00) per
20 occurrence, (2) Automobile Liability with a combined single limit of one
21 million dollars (51,000,000.00) per accident, and (3) Workers' Compensation
22 Insurance as required by law and Employers' Liability with limits of one
23 million dollars ($1,000,000.00) per occurrence. Lessee shall provide to
24 Lessor a certificate of insurance and an additional insured endorsement
25 which provides:
26 (a) On the Commercial General Liability policy that the City of
27 San Bernardino is named as an additional insured.
28 (b) The certificates will include the insurance company name,
.06-143
,,,1 ---- Ic
15.06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTION OF NICHOLSON PARK
1 policy number, period of coverage, and the amount of insurance.
2 (c) That the Real Property Section of the City of San Bernardino
3 must be given notice in writing at least thirty (30) days prior to cancella-
4 tion, material change, or refusal to renew the policy.
5 (d) That Lessee's insurance will be primary to any coverage the
6 City of San Bernardino may have in effect.
7 (e) That Lessor is self-insured and Lessee shall have the right
8 to self-insure with respect to any of the above insurance; subject to Less-
9 or's City Attorney's approval of Lessee's written proof of self-insurance.
10 11. Hold Harmless.
11 Except to the extent of the negligence or willful misconduct of
12 Lessor or its agents, boards, officers, employees, representatives or con-
13 tractors, Lessee shall hold Lessor, its agents, boards, commissions, offic-
14 ers, employees, representatives or contractors harmless from any liability
15 for damage or claims for damage for personal injury, including death, as
16 well as from claims for property damage (including reasonable attorneys'
17 fees and court costs) which may arise from Lessee's operations under this
18 Lease, whether such operations be by Lessee or by any one or more persons
19 directly or indirectly employed by or acting as agent for Lessee. Except to
20 the extent of the negligence or willful misconduct of Lessor or its agents,
21 boards, officers, employees, representatives or contractors, Lessee agrees
22 to and shall defend Lessor and its boards, commissions, officers, agents,
23 employees or contractors from any suits or actions at law or in equity for
24 damages caused, or alleged to have been caused, by reason of any of Lessee's
25 operations under this Lease.
26 12. Indemnification.
27 Except to the extent of the negligence or willful misconduct of
28 Lessor or its agents, boards, officers, employees, representatives or
.06-143
!28/96rev 7
1 .06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTION OF NICHOLSON PARK
1 contractors, Lessee shall indemnify and hold harmless the Lessor, its
2 agents, boards, officers, employees, representatives or contractors against
3 anv and all claims, damages, demands, loss or liability of anv kind o:-
4 nature which the Lessor and/or its officers, agents, or employees, may
5 sustain or incur or which may be imposed upon them for property damage an?
6 injury to or death of any persons which are caused by Lessee's operations
7 under this Lease, whether such operations be by Lessee or by any one or more
8 persons directly or indirectly employed by or acting as agent for Lessee.
9 Except to the extent of the negligence or willful misconduct of
10 Lessee or its agents, boards, officers, employees, representatives or
11 contractors, Lessor shall indemnify and hold harmless the Lessee, its
12 agents, boards, officers, employees, representatives or contractors against
13 any and all claims, damages, demands, loss or liability of any kind or
14 nature which the Lessee and/or its officers, agents, or employees, may
15 sustain or incur or which may be imposed upon them for property damage and
16 injury- to or death of any persons which are caused by Lessor's operations
17 under this Lease, whether such operations be by Lessor or by any one or more
18 persons directly or indirectly employed by or acting as agent for Lessor.
19 13. Taxes/Possessory Interest.
20 (a) Lessee recognizes and understands that this Lease may create
21 a possessory interest subject to property taxation, and that the Lessee may
22 be subject to the payment of property taxes levied on such interest. Lessee
23 agrees to, and shall hold harmless, Lessor from any and all liability for
24 any such taxes due by virtue of Lessee's Facilities.
25 (b) Lessor warrants that it has full right, power and authority
26 to execute this Lease. Lessor further warrants that Lessee shall have quiet
27 enjoyment of the Premises during the term of this Lease or any renewal
2$ thereof.
.06-143
1 /7Q 10A -.,.. 0
15.06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTION OF NICHOLSON PARK
1 14. Compliance with Laws.
2 Lessee shall not violate any applicable law of the City, State or
3 Federal governments in conducting its operations under this Lease.
4 15. No Sublease or Assignment.
5 Lessee shall not sublet the premises, or any part thereof, or
6 assign this Lease, without Lessor's prior written consent, which consent
7 shall not be unreasonably withheld. Notwithstanding the foregoing, Lessee
8 may assign this Lease to any corporate affiliate or any purchaser of all or
9 substantially all of Lessee's stock or assets upon written notification to
10 Lessor stating the name, address, contact person and any other pertinent
11 information regarding said corporate affiliate or purchaser.
12 16. Default
13 Either party shall have the right to terminate this Lease, and
14 upon the effective date of such termination Lessor shall have the right of
15 immediate occupancy of the Premises in the event the other party violates
16 any of this Lease's terms or conditions, and such violation is not cured
17 within sixty (60) days after written notice is sent by the non-breaching
1$ party. Such termination shall not relieve either party from liability for
19 damages for breach of this Lease or for injury to the Premises.
20 17. Environmental :
21 Lessor represents that the Premises have not been used for the
22 generation, storage, treatment or disposal of hazardous substances, hazard-
23 ous materials or hazardous wastes. In addition, Lessor represents that no
24 hazardous materials, hazardous substances, hazardous wastes, pollutants,
25 asbestos, polychlorinated biphenyls (PCBs) , petroleum or other fuels
26 (including crude oil or any fraction or- derivative thereof) or underground
27 st r�v; an'Ks ire ior,ate(I _:r or, near the Premises. Notwithstanding any
2$ other provision of this Lease, Lessee relies upon the representations stated
.06-143
15.06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTION OF NICHOLSON Palen
1 herein as material inducement for entering into this Lease.
2 Lessee shall not bring any hazardous materials onto the Premises
3 except for those contained in its back-up power batteries (lead-acid batter-
4 ies) and common materials used in telecommunications operations, e.g. ,
5 cleaning solvents. Lessee will treat all hazardous materials brought onto
6 Premises by it in accordance with all federal , state and local laws and
7 regulations.
8 18. Amendment.
9 (a) This Lease may be amended or modified only by written agree-
10 ment signed by both parties. Failure on the part of either party to en-
11 force any provision of this Lease shall not be construed as a waiver of the
12 right to compel enforcement of such provision or provisions.
13 (b) If any provision of the Lease agreement is invalid or unen-
14 forceable with respect to any party, the remainder of this Lease or the
15 application of such provision to persons other than those as to whom it is
16 held invalid or unenforceable, shall not be affected and each provision of
17 this Lease shall be valid and enforceable to the fullest extent permitted by
18 law.
19 19. Termination.
20 This Lease may be terminated by Lessee or by Lessor, on thirty
21 (30) days written notice as follows: (i) by either party upon a default of
22 anv covenant, condition or term hereof by the other party, which default is
23 not cured within sixty (60) days of receipt of written notice of default;
24 (ii) by Lessee, if it does not obtain or maintain licenses, permits or other
25 approvals necessary to the construction or operation of Lessee's Facilities;
26 or iii) by Lessee, if Lessee is unable to occupy or utilize the Premises due
27 to a ruling or directive of the FCC or other governmental or regulatory
28 agency. If after the Commencement Date, Lessee provides thirty (30) days
5.06-143
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1 .06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTION OF NICHOLSON PARK
1 written notice to Lessor of termination of this Lease due to the reasons set
2 forth in (ii) or (iii) , above, Lessee shall pay Lessor the lesser of Two
3 Thousand Dollars (S2,000) or the rental due for the remainder of the term as
4 payment for such early termination.
5 20. Miscellaneous.
6 (a) This Lease shall be binding on and inure to the benefit of
7 the successors and permitted assignees of the respective parties.
8 (b) This Lease shall be governed under the laws of the State of
9 California.
10 (c) The substantially prevailing party in any legal claim
11 arising hereunder shall be entitled to its reasonable attorneys' fees and
12 court costs, including appeals, if any.
13 (d) Upon request, either party may require that a Memorandum of
14 Lease be recorded in the form of Exhibit "D" .
15 (e) This Lease constitutes the entire Lease and understanding
16 between the parties and supersedes all offers, negotiations and other leases
17 concerning the subject matter contained herein. There are no representations
18 or understandings of any kind not set forth herein. Any amendments to this
19 Lease must be in writing and executed by both parties.
20 21. Interference with Communications:
21 Lessee's Facilities shall not disturb the communications configu-
22 rations, equipment and frequency which exist on Lessor's property on the
23 Commencement Date ("Pre-existing Communications") , and Lessee's Facilities
24 shall comply with all noninterference rules of the Federal Communications
25 Commission ("FCC") . Lessor shall not permit the use of any portion of
26 Lessor's property in a way which interferes with the communications opera-
27 tions of Lessee described in Section 4, above. Such interference with
28 Lessee's communications operations shall be deemed a material breach by
.06-143
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15.06-143 LEASE - PACIFIC BELL MOBILE SERVICES-, A PORTION OF NICHOLSON PARK
1 Lessor, and Lessor shall have the responsibility to promptly terminate said
2 interference. In the event any such interference does not cease promptly,
3 the parties acknowledge that continuing interference will cause irreparable
4 injury to Lessee, and therefore, Lessee shall have the right to bring action
5 to enjoin such interference or to terminate this Lease immediately upon
6 written notice to Lessor. Notwithstanding the foregoing, Pre-existing
7 Communications operating in the same manner as on the Commencement Date
8 shall not be deemed interference.
9 22. Title and Quiet Enjoyment.
10 (a) Lessor warrants that it has full right, power and authority
11 to execute this Lease; Lessor further warrants that Lessee shall have quiet
12 enjoyment of the Premises during the term of this Lease or any renewal term.
13 (b) Lessee shall have the right at any time up to the full
14 execution of this Lease, and prior to the Commencement Date to obtain a
15 preliminary title report or commitment for a leasehold title policy from a
16 title insurance company of its choice. If, in the opinion of Lessee, such
17 title report shows any defects of title or any liens or encumbrances which
18 may adversely affect Lessee's use of the Premises, Lessee shall have the
19 right to terminate this Lease (prior to the Commencement Date) , immediately
20 upon written notice to Lessor.
21 23. Notices
22 All notices given in connection with this Lease shall be in
23 writing and delivered in person or sent by overnight carrier or certified
24 mail, postage prepaid, addressed as follows:
25 LESSOR LESSEE.
26 City of San Bernardino Pacific Bell Mobile Services
Public Works/Engineering 2955 Redhill Avenue, Suite 100
27 Real Property Section Costa Mesa, CA 92626
300 North "D" Street Attn: Charles Vranek,
28 San Bernardino, CA 92418 Network Deployment Manager
3.06-143
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1 .06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTION OF NICHOLSON PARK
1 24. Covenants
2 There are no covenants or warranties other than those expressed
3 in this Lease.
4
5 IN WITNESS WHEREOF, the parties have executed this Lease on the day
6 and year set forth at the beginning of this Lease.
7
8 CITY OF SAN BERNARDINO,
a Municipal corporation
9
10
11 MINOR, nay-or
12 ATTEST:
13
14 ,E
15 RACHEL CLARK, City Clerk
16
17
18 PACIFIC BELL MOBILE SERVICES
19 a California corporation
20 _
CHARLES VRANEK,
21 Network Deployment Manager
22
23
24 Approved as to form
and legal content
25
26 JAMES F. PENMAN,
City Attorney
27 ,
j
28 By: ✓�
5.06-143
15.06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTION OF NICHOLSON P ulK
1 DESCRIPTION OF LESSOR'S PROPERTY
2
3 The East 1/2 of Lot 78 of the Town of Rialto and Adjoining Subdivisions, as
per plat thereof recorded in Book 4 of Maps, Page 11, in the office of th;:
4 county Recorder of San Bernardino County.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 EXHIBIT "A'
.06-143
15.06-143 LEASE - PACIFIC BELL MOBILE SERVICES; A PORTION OF NICHOLSON PARK
1 DESCRIPTION OF PREMISES
2
3 The real property in the City of San Bernardino, Countv of San Bernardino,
State of California, described as follows:
4
5 That portion of the East 1/2 of Lot 78 of the Town of Rialto and Adjoining
Subdivisions, as per plat thereof recorded in Book 4 of Maps, Page 11, in
6 the office of the County Recorder of said County, described as follows:
7 Commencing at the intersection of the North line of Second Street and the
West line of the East 1/2 of said Lot 78, thence North along said West line,
8 a distance of 500.00 feet to the Point of Beginning; thence East at right
angles to said West line, a distance of 18.00 feet; thence North and paral-
9 lel with said West line, a distance of 20.00 feet; thence West at right
angles, a distance of 18.00 feet to the West line of said East 1/2 of Lot
10 78; thence South along said West line, a distance of 20.00 feet to the True
Point of Beginning.
11
12 Said property is outlined in red in the attached Exhibit "C"- the "Premises"
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 EXHIBIT "B"
5.06-143
15.06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTION OF NICHOLSON PARK
DRAWING OF LESSOR'S PROPERTY AND LESSEE'S PREMISES
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15.06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTION OF NICHOLSON PARK
1
2 MEMORANDUM OF LEASE
3 THIS MEMORANDUM OF LEASE ("Memorandum") is executed as of the
4 day of , 1996, by and between THE CITY OF SAN
5 BERNARDINO, a Municipal corporation ("Lessor") , and PACIFIC BELL MOBILE
6 SERVICES, a California corporation ("Lessee") .
7 RECITALS
8 WHEREAS, Lessor and Lessee have executed that certain Communications
9 Site Lease Agreement ("Lease") dated as of , 1996,
10 covering certain premises ("Premises") , in certain real property located in
11 the City of San Bernardino, County of San Bernardino, State of California,
12 and more particularly described in Exhibit "A" attached hereto and incorpo-
13 rated herein by this reference; and
14 WHEREAS, Lessor and Lessee desire to record notice of the Lease in the
15 Official Records of San Bernardino County, California;
16 NOW, THEREFORE, in consideration of the foregoing, Lessor and Lessee
17 hereby declare as follows:
18 1 . Demise. Lessor has leased the Premises to Lessee and Lessee has
19 hired the Premises from Lessor, subject to the terms, covenants and condi-
20 tions contained in the Lease.
21 2. Expiration Date. The term of the Lease ("Term") is scheduled to
22 commence on or about December 31, 1996, and shall expire five (5) years
23 thereafter, subject to Lessee's option to extend the Term pursuant to Para-
24 graph 2 of the Lease for five (5) additional terms of five (5) years each.
25 3. Lease Controlling. This Memorandum is solely for the purpose of
26 giving constructive notice of the Lease. In the event of conflict between
27 the terms of the Lease and this Memorandum, the terms of the Lease shall
28 control .
5.06-143
3/28/96rev 17
15.06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTION OF NICHOLSON PARK
1 IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum of
2 Lease as of the date and year first written above.
3
4 CITY OF SAN BERNARDINO
5 a Municipal corporation
6
7 TOM MINOR, Mayor
8 ATTEST:
9
10
11 RACHEL CLARK, City Clerk
12
13
14
15
16
17 PACIFIC BELL MOBILE SERVICES,
18 a California corporation
19 By:
CHARLES VRANEK,
20 Network Deployment Manager
21
22
23
24
Approved as to form
25 and legal content
26 JAMES F. PENMAN,
27 City Attorney
28 By:
x.06-143
3/28/96rev yR
1 .06-143 LEASE - PACIFIC BELL MOBILE SERVICES, A PORTION OF NICHOLSON PARK
1 That portion of the East 1/2 of Lot 78 of the Town of Rialto and Adjoining
Subdivisions, as per plat thereof recorded in Book 4 of Maps, Page 11, in
2 the office of the County Recorder of San Bernardino County, described as
follows:
3
Commencing at the intersection of the North line of Second Street and the
4 West line of the East 1/2 of said Lot 78, thence North along said West line,
a distance of 500.00 feet to the Point of Beginning; thence East at right
5 angles to said West line, a distance of 18.00 feet; thence North and paral-
lel with said West line, a distance of 20.00 feet; thence West at right
6 angles, a distance of 18.00 feet to the West line of said East 1/2 of Lot
78; thence South along said West line, a distance of 20.00 feet to the True
7 Point of Beginning.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 (EXHIBIT "A" TO LEASE'S EXHIBIT "D")
.06-143
/28/96 10
96-83
1
2 MEMORANDUM OF LEASE
3 THIS MEMORANDUM OF LEASE ("Memorandum") is executed as of the
4 day of , 1996, by and between THE CITY OF SAN
5 BERNARDINO, a municipal corporation ("Lessor") , and PACIFIC BELL MOBILE
6 SERVICES, a California corporation ("Lessee") .
7 RECITALS
8 WHEREAS, Lessor and Lessee have executed that certain Communications
9 Site Lease Agreement ("Lease") dated as of , 1996,
10 covering certain premises ("Premises") , in certain real property located in
11 the City of San Bernardino, County of San Bernardino, State of California,
12 and more particularly described in Exhibit "A" attached hereto and incorpo-
13 rated herein by this reference; and
14 WHEREAS, Lessor and Lessee desire to record notice of the Lease in the
15 Official Records of San Bernardino County, California;
16 NOW, THEREFORE, in consideration of the foregoing, Lessor and Lessee
17 hereby declare as follows:
18 1 . Demise. Lessor has leased the Premises to Lessee and Lessee has
19 hired the Premises from Lessor, subject to the terms, covenants and condi-
20 tions contained in the Lease.
21 2. Expiration Date. The term of the Lease ("Term") is scheduled to
22 commence on or about December 31, 1996, and shall expire five (5) years
23 thereafter, subject to Lessee's option to extend the Term pursuant to Para-
24 graph 2 of the Lease for five (5) additional terms of five (5) years each.
25 3. Lease Controlling. This Memorandum is solely for the purpose of
26 giving constructive notice of the Lease. In the event of conflict between
27 the terms of the Lease and this Memorandum, the terms of the Lease shall
28 control.
.06-143
/28/96rev
MEMORANDUM OF LEASE: CITY OF SAN BERNARDINO/PACIFIC BELL MOBILE SERVICES
1 IN WITNESS WTEREOF, Lessor and Lessee have executed this Memorandum of
2 Lease as of the date and year first written above.
3
4 CITY OF SAN BERNARDINO
5 a Municipal corporation
6 1
T MINOR, Ma or
7
8 ATTEST:
9
10
RAC CLARK, City Clerk
11
12
13
14
15
16
17 PACIFIC BELL MOBILE SERVICES,
18 a California corporation
19 By
20 CHARLES VRANEK,
Network Deployment Manager
21
22
23
24 Approved as to form
and legal content
25
26 JAMES F. PENMAN,
City Attorney
27 /A
28 By:
.06-143
/28/96rev
MEMORANDUM OF LEASE: CITY OF SAN BERNARDINO/PACIFIC BELL MOBILE SERVICE
1 That portion of the East 1/2 of Lot 78 of the Town of Rialto and Adjoining
Subdivisions, as per plat thereof recorded in Book 4 of Maps, Page 11, in
2 the office of the County Recorder of San Bernardino County, described as
follows:
3
4 Commencing at the intersection of the North line of Second Street and the
West line of the East 1/2 of said Lot 78, thence North along said West line,
5 a distance of 500.00 feet to the Point of Beginning; thence East at right
angles to said West line, a distance of 18.00 feet; thence North and paral -
6 lel with said West line, a distance of 20.00 feet; thence West at right
angles, a distance of 18.00 feet to the West line of said East 1/2 of Lot
7 78; thence South along said West line, a distance of 20.00 feet to the True
8 Point of Beginning.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 (EXHIBIT "A")
5.06-143