HomeMy WebLinkAbout2014-379 RESOLUTION NO. 2014-379
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE CITY MANAGER
3 TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF SAN
4 BERNARDINO AND LOS ANGELES SMSA LIMITED PARTNERSHIP (DBA
VERIZON WIRELESS) FOR THE LEASE OF CITY OWNED PROPERTY AT
5 WILDWOOD PARK; AND AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AN EASEMENT FOR ELECTRIC UTILITY PURPOSES TO SOUTHERN
6 CALIFORNIA EDISON COMPANY.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
8 CITY OF SAN BERNARDINO AS FOLLOWS:
9 SECTION 1. The City Manager is hereby authorized and directed to execute on
10 behalf of the City a Lease Agreement between the City of San Bernardino and Los Angeles
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12 SMSA Limited Partnership (dba Verizon Wireless) for the lease of 478 square feet of City
13 owned property at Wildwood Park located on the northeast corner of Waterman Avenue and
14 40"' Street (APN 0154-371-05), for a cellular tower disguised as a monopine and appurtenant
15 equipment shelter, a copy of which is attached hereto, marked as Attachment "1", and
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17 incorporated herein by this reference.
18 SECTION 2. The Mayor is hereby authorized and directed to execute on behalf of
19 the City an Easement for electric utility purposes to Southern California Edison Company
20 over a portion of said Wildwood Park in relation to the construction and operation of the
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above referenced cell tower, a copy of which is attached hereto, marked as Attachment "2",
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23 and incorporated herein by this reference.
24 SECTION 3. The authorization to execute the above-referenced agreement is
25 rescinded if the parties to the agreement fail to execute it within ninety (90) days of the
26 passage of this resolution.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE CITY MANAGER
2 TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND LOS ANGELES SMSA LIMITED PARTNERSHIP (DBA
3 VERIZON WIRELESS) FOR THE LEASE OF CITY OWNED PROPERTY AT
4 WILDWOOD PARK; AND AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AN EASEMENT FOR ELECTRIC UTILITY PURPOSES TO SOUTHERN
5 CALIFORNIA EDISON COMPANY.
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
7
8 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
9 the 3rd day of November, 2014,by the following vote, to wit:
10 Council Members: AYES NAYS ABSTAIN ABSENT
11
MARQUEZ X
12
13 BARRIOS X
14 VALDIVIA X
15 SHORETT X
16 NICKEL X
17 JOHNSON X
18
19 MULVIHILL X
20
21 Gco geanVJanna, ty lerk
/ ;fA
22 The foregoing resolution is hereby approved this day of Novemb 2014.
23
24
R. CAREY AVIS, Mayor
25 City of San Bernardino
26 Approved as to form:
GARY D. SAENZ, City Attorney
27
28 By
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ATTACHMENT "1"
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4 -Lease Agreement-
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[See attached]
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2014-379
Site: Wildwood Park
APN: 0154-371-05-0000
LEASE
THIS LEASE ("Lease"), is made and entered into this 3rd day of
November , 2014, by and between the CITY OF SAN BERNARDINO, a
municipal corporation, hereinafter referred to as"Lessor", and LOS ANGELES SMSA LIMITED
PARTNERSHIP, a California limited partnership,dba Verizon Wireless,hereinafter referred to as
"Lessee".
RECITALS
This Lease is made and entered into with respect to the following facts:
(a) Lessor is the owner of that certain real property herein described.
(b) Lessee has requested permission to construct a mobile/wireless communications
facility to be located at Wildwood Park ("Property"), on the Northeast corner of Waterman
Avenue and 40th Street in the City of San Bernardino (APN 0154-371-05),which Property is more
particularly described in Exhibit"A"attached hereto,and Lessor is willing to lease a portion of the
Property to Lessee upon the terms and conditions hereinafter set forth.
(c) Lessee believes that the facilities will not interfere with the City of San Bernardino
Department of Parks and Recreation's operations or the public's use of Wildwood Park.
(d) This Lease is conditioned upon Lessee, or Lessee's assigns, obtaining all
governmental permits and approvals enabling Lessee, or its assigns to construct and operate
mobile/wireless communications facilities on the Premises (as defined below).
NOW THEREFORE, the parties hereto agree as follows:
1. Property Leased:
(a) Lessor hereby leases to Lessee, and the Lessee hereby leases from Lessor,
ground space at the Property measuring approximately fifteen feet four inches by twenty four feet
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eight inches(15'-4" x 24'-8") and containing approximately three hundred seventy eight (378)
square feet (the "Equipment Space"), plus a second parcel of ground space measuring
approximately ten feet by ten feet (10' x 10') and containing approximately one hundred (100)
square feet(the"Tower Space"), all as more particularly described in Exhibit"B"attached hereto.
Lessor also grants Lessee the right to install utility connections between the Equipment Space and
Tower Space and to the nearest appropriate utilities providers. The Equipment Space, Tower
Space, and any appurtenant facilities and applicable easements for access and utilities as described
herein are collectively defined as the "Premises."
2. Term:
(a) The term of this Lease shall be five (5) years ("Initial Term), commencing
with the date both Lessor and Lessee have executed this Lease ("Commencement Date").
(b) Lessee shall have the right to extend the term of this Lease for three (3)
additional terms of five (5) years each ("Renewal Term(s)"). Each Renewal Term shall be on the
terms and conditions set forth herein. This Lease shall automatically be extended for each 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 Initial Term or then-current Renewal Term.
3. Lease Payments:
(a) Lessee shall pay Lessor the sum of Two Thousand One Hundred and
00/100 Dollars ($2,100.00) in addition to rent for a document preparation fee upon the
Commencement Date of said Lease. In the event this Lease is terminated as a result of testing as
set forth in Paragraph 5(a) below, Lessor shall retain the document preparation fee of Two
Thousand One Hundred Dollars ($2,100.00) for work performed.
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(b) Lessee shall pay Lessor as rent, the annual sum of Twenty-Five Thousand
Two Hundred and 00/100 Dollars ($25,200.00) "Rent", payable in equal monthly installments
commencing upon the Commencement Date ("Rent Start Date"),which shall be paid within thirty
(30)days after the Commencement Date. The monthly installments shall be in the amount of Two
Thousand One Hundred and 00/100 Dollars ($2,100.00) each month, due and payable on the Rent
Start Date, and on the same date of each month thereafter.
Payments shall be mailed or delivered to:
City of San Bernardino
Public Works Department/Real Property Section
300 North "D" Street, 3rd Floor
San Bernardino, California 92418
Lessor may, from time to time, designate such other addresses or entity to receive Rent payments
due hereunder, which designation shall be made in writing at least thirty (30) days in advance of
any Rent payment date by notice given in accordance with Paragraph 20 below.
(c) Rent shall be increased on each yearly anniversary of the Rent Start Date by
an amount equal to four percent (4%) of the Rent then in effect for the previous year.
4. Use Restrictions:
The Premises may be used by Lessee for any lawful activity in connection with the
provision of mobile/wireless communications services, including without limitation, the
transmission and the reception of wireless communication signals on various frequencies, and the
testing, investigation, 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, permits and any and all other necessary approvals that may be required
for Lessee's intended use of the Premises.
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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 purpose 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 below, and shall notify Lessor at least forty-eight(48)hours
prior to any proposed Tests, and shall coordinate the scheduling of same with Lessor. If Lessee
determines that the Premises are unsuitable for Lessee's contemplated use,then Lessee shall notify
Lessor and this Lease shall terminate. Lessee shall repair any damage to the Premises caused by
Lessee and shall restore the Premises to the condition existing prior to conducting the Tests.
(b) Lessee shall have the right to construct, erect,maintain,operate and remove
mobile/wireless communications facilities on the Premises, including but not limited to an antenna
tower or pole and foundation,utility lines,transmission lines,air conditioned equipment shelter(s),
electronic equipment, transmitting and receiving antennas, a standby power generator and
generator pad, and supporting equipment, structures and improvements (collectively, "Lessee
Facilities"). In connection therewith,Lessee has the right to do all work necessary to prepare,add,
maintain and alter the Premises for Lessee's operations and to install utility lines and transmission
lines connecting antennas to transmitters and receivers. All of Lessee's construction and
installation work shall be performed at Lessee's sole cost and expense and in a good and
workmanlike manner. Lessee shall hold title to the Lessee Facilities and all of the Lessee Facilities
shall remain the property of Lessee and shall not be deemed fixtures. Lessee has the right to
remove the Lessee Facilities at its sole expense as provided in this Paragraph 5(b). Once the Lessee
Facilities are installed, Lessee shall not make any material alterations to the Premises, or any part
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thereof, other than as set forth in Paragraph 5 herein, without the prior written consent of Lessor,
which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the
foregoing, maintenance, repairs, like-kind or similar replacements of the Lessee Facilities and
modifications made within the interior of any shelters or base station equipment shall not be
considered "Material Alterations". Any and all alterations and/or improvements made to the
Premises pursuant to this Paragraph, including but not limited to the Lessee Facilities, shall,within
sixty (60) days after the expiration or earlier termination of this Lease, be removed from the
Premises, and the Premises shall be returned to its previous state as of the Commencement Date,
excepting normal wear and tear, casualty, or damage caused by Lessor or Lessor's agents,
employees, tenants, lessees, licensees or invitees.
(c) Lessor shall provide to Lessee, Lessee's employees, agents and contractors,
access to the Premises across the Property twenty-four(24) hours a day, seven(7) days a week, at
no charge to Lessee. Lessor represents and warrants that it has full rights of ingress to and egress
from said Premises over the Property, and shall allow Lessee access from the nearest public
roadway to the Premises at all times, and hereby grants such non-exclusive ingress and egress
rights to Lessee along a twelve foot (12') wide right-of-way extending from the nearest public
right-of-way to the Premises as further described in Exhibit`B",to the extent required to construct,
erect, maintain, install, remove and operate the Lessee Facilities on the Premises. Lessee shall
repair any damages Lessee, its agents, employees, officers, or contractors cause to said above-
described ingress and egress area.
(d) In connection with obtaining the governmental approvals required for
construction of the Lessee Facilities, Lessee shall be required to install the landscaping
("Landscaping")per the Conditions of Approval for Administrative Permit No. 13-01 as described in
Exhibit "C", attached hereto and made a part hereof. Lessee shall be solely responsible for
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maintaining the same as required by said governmental approvals; provided however, that Lessor
shall permit Lessee to connect an irrigation system to Lessor's existing irrigation system for the
purpose of maintaining the Landscaping.
6. Maintenance and Inspections:
Lessee shall, at Lessee's own cost and expense, keep and maintain all
improvements hereinafter constructed on the Premises in good condition and repair, reasonable
wear and tear excepted, and shall use reasonable precaution to prevent waste, damage or injury to
the Premises. Lessor shall, at any reasonable time, have the right to go upon the Premises upon
seventy-two (72) hours prior notice to Lessee, and inspect and examine the same relative to such
maintenance and upkeep. Such inspections shall be conducted in the accompaniment of an
employee or authorized representative of Lessee.
7. Utilities:
Lessee shall have the right to install utilities, at Lessee's expense, and to improve
the present utilities on or near the Premises (including, but not limited to the installation of
emergency power generators) , subject to Lessor's approval of the location, which approval shall
not be unreasonably withheld or delayed. In connection therewith, Lessee shall have the right to
install along the perimeter of the Equipment Space a power panel and telco board, as more
particularly described and depicted on Exhibit "B".
Lessee shall pay for all electricity, gas, water, telephone service, and all other
services and utilities required for the Lessee Facilities, including service installation fees and
charges for such utilities, used by Lessee during the term of this Lease.
8. Liens and/or Encumbrances:
Lessee shall pay or cause to be paid, all costs of construction and/or installation of
Lessee's improvements at the Property. Lessee shall keep the Premises free and clear of any and all
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claims, liens, or encumbrances arising out of performance of work on Lessee's behalf, furnishing
of materials on Lessee's behalf,or upon use of utilities by Lessee with respect to the Property. This
Lease shall be subordinate to any lien, mortgage or deed of trust currently on record against said
Property .
9. Permits and Fees:
(a) Lessee shall pay all license fees, assessments, taxes, penalties or fines
which may be levied against Lessee by virtue of the installation , ownership, use, or operation of
Lessee's leasehold improvements at the Property.
(b) Lessor shall pay when due all real property taxes for the Property,including
the Premises. In the event that Lessor fails to pay any such real property taxes or other fees and
assessments, Lessee shall have the right, but not the obligation, to pay such owed amounts and
deduct them from Rent amounts due under this Lease. Notwithstanding the foregoing, Lessee
shall pay any personal property tax,real property tax or any other tax and/or fee which are directly
attributable to the presence or installation of the Lessee's Facilities, only for so long as this Lease
has not expired of its own terms or is not terminated by either party. Lessor hereby grants to
Lessee the right to challenge, whether in a Court, Administrative Proceeding, or other venue, on
behalf of Lessor and/or Lessee, any personal property or real property tax assessments that may
affect Lessee. If Lessor receives notice of any personal property or real property tax assessment
against the Lessor, which may affect Lessee and is directly attributable to Lessee's installation,
Lessor shall provide timely notice of the assessment to Lessee sufficient to allow Lessee to
consent to or challenge such assessment. Further, Lessor shall provide to Lessee any and all
documentation associated with the assessment and shall execute any and all documents
reasonably necessary to effectuate the intent of this Section 9.
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10. Liability Insurance:
Lessee agrees to procure and maintain in force during the term of this Lease and
any extension, at Lessee's sole cost and expense,the following insurance from companies with an
A.M. Best Rating of at least A-/VII, and with such minimum limits as set forth below, which shall
insure,on an occurrence basis,against all liability of Lessee,its employees, agents,and contractors,
arising out of or in connection with Lessee's use of the Premises as provided for herein; (1)
Commercial General Liability with limits of Five Million Dollars($5,000,000.00)per occurrence,
provided such limit may be satisfied by a combination of primary and umbrella policies, and
Lessee may satisfy this requirement by obtaining the appropriate endorsement to any master policy
of liability insurance Lessee may maintain,(2)Automobile Liability with a combined single limit
of One Million Dollars ($1,000,000.00) per accident, and (3) Worker's Compensation Insurance
as required by law and Employers' Liability with limits of One Million Dollars ($1,000,000.00)
per occurrence. Lessee shall provide to Lessor a certificate of insurance and name Lessor as an
additional insured for the general liability policy, which certificate provides:
(a) Additional insured: "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insured with respect to this
contract with the City."
(b) The certificates shall include the insurance company name, policy number,
period of coverage, and the amount of insurance.
(c) That the Real Property Section of the Public Works Department of the City
of San Bamardino must be given notice in writing at least thirty (30) days prior to cancellation or
reduction of required limits of the policy.
(d) That Lessee's insurance shall be primary to any insurance coverage the City
of San Bernardino may have in connection with Lesse's negligence.
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11. Indemnification:
(a) Lessor and Lessee shall each indemnify,defend and hold the other harmless
from and against all claims, causes of action, losses, liabilities, damages, costs, and expenses
(including reasonable attorneys' and consultants' fees,costs and expenses) (collectively"Losses")
to the extent arising from or related to the indemnifying party's operations at the Property or the
negligence or willful misconduct of the indemnifying party, or its agents, employees or contractors
in or about the Premises or Property, except to the extent caused by the negligence or willful
misconduct of the party to be indemnified, or such party's agents, employees and contractors.
Except as provided in the first sentence, Lessee shall defend with counsel reasonably approved by
Lessor (if requested by Lessor), indemnify, and hold harmless Lessor, its agents, boards, officers,
employees, representatives or contractors against any and all claims, suits, damages for bodily
injury, including death, property damage, demands, loss or liability of any kind or nature
("Claims")to the extent arising from or related to Lessee's operations under this Lease and except
to the extent any Claims arise out of the negligence or misconduct of Lessor, its agents, officers,
employees,representatives or contractors. The duties described in this Paragraph 11 shall apply as
of the Commencement Date of this Lease and shall survive the termination of this Lease.
(b) Neither Party shall be liable to the other,or to any of their respective agents,
representatives, officers or employees for any lost revenue, lost profits, loss of technology, rights
or services, incidental, punitive, indirect, special or consequential damages, loss of data, or
interruption or loss of use or service, even if advised of the possibility of such damages, whether
under theory of contract, tort (including negligence), strict liability or otherwise.
12. Taxes/Possessory Interest:
Lessee recognizes and understands that this Lease may create a possessory interest
subject to property taxation,and that Lessee may be subject to the payment of property taxes levied
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on such interest. Lessee agrees to, and shall indemnify and hold harmless the Lessor from any and
all liability for any such taxes due during the Lease term pursuant to Paragraph 9,Permits and Fees
above.
13. Waiver of Lessor's Lien:
(a) Lessor waives any lien rights it may have concerning the Lessee Facilities,
all of which are deemed Lessee's personal property and not fixtures, and Lessee has the right to
remove the same at any time without Lessor's consent.
(b) Lessor acknowledges that Lessee may enter into a financing arrangement
including promissory notes and financial and security leases for the financing of the Lessee
Facilities ("Collateral") with a third party financing entity (and may in the future enter into
additional financing arrangements with other financing entities). In connection therewith, Lessor
(i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as
fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution,
foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such
Collateral may be removed at any time without recourse to legal proceedings.
14. Assignment and Subletting
(a) Lessee may not assign all or any part of its interest in this Lease or in the
Premises without the prior written consent of Lessor; provided, however, that Lessee may assign
without notice to Lessor its interest to its parent company, any subsidiary or affiliate of it or its
parent company, or to any entity which acquires all or substantially all of Lessee's assets in the
market defined by the Federal Communications Commission ("FCC") in which the Property is
located by reason of a merger, acquisition or other business reorganization, subject to any
financing entity's interest, if any, in this Lease as set forth in Paragraph 13 above. No change of
stock ownership,partnership interest or control of Lessee or transfer upon partnership or corporate
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dissolution of Lessee shall constitute an assignment hereunder. Upon assignment, Lessee shall be
relieved of all future performance, liabilities, and obligations under this Lease, provided that the
assignee assumes all of Lessee's obligations herein. This Lease shall run with the Property and
shall be binding upon and inure to the benefit of the parties, their respective successors, personal
representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this
Lease, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or
consent its interest in this Lease to any financing entity, or agent on behalf of any financing entity,
to whom Lessee (i) has obligations for borrowed money or with respect to guaranties thereof, (ii)
has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has
obligations under or with respect to letters of credit, bankers acceptances and similar facilities or
with respect to guaranties thereof.
(b) Sublease - Subject to all permits and approvals from all governmental
agencies having jurisdiction thereover, Lessee may lease or license space on the support structure
forming a part of the Lessee's Facilities, in its equipment cabinets or elsewhere on the Lessee
Facilities to a third party for installation of transmission, receiving or other types of equipment or
facilities, whether similar or dissimilar to Lessee's installation, on such terms and conditions as
Lessee in its sole discretion, desires (a"Third Party Lease"); provided, however, that Lessor shall
receive as additional rent under this Lease, fifty percent (50%) of such Third Party Lease rent
actually received by Lessee, and after Lessee has been able to recover all direct and indirect costs
of obtaining the sublease. Any sublessee shall be instructed to pay the foregoing percentage
amount directly to Lessor.
15. Termination:
This Lease may be terminated without further liability after thirty (30) days prior
written notice as follows: (i) by either party upon a default of any covenant or term hereof by the
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other party, which default is not cured within sixty(60)days of receipt of written notice of default,
except that this Lease shall not be terminated if the default cannot reasonably be cured within such
sixty(60) day period and the defaulting party has commenced to cure the default within such sixty
(60) day period and diligently pursues the cure to completion; provided that the grace period for
any monetary default is ten(10) days from receipt of written notice; or(ii) by Lessee if it does not
obtain or maintain any license, permit or other approval necessary for the construction and
operation of the Lessee Facilities; or (iii) by Lessee if Lessee is unable to occupy and utilize the
Premises due to an action of the FCC, including without limitation, a take back of channels or
change in frequencies; or (iv) by Lessee if any environmental report for the Property reveals the
presence of any Hazardous Material after the Commencement Date; or (v) by Lessee if Lessee
determines that the Premises are not appropriate for its operations for economic or technological
reasons, including, without limitation, signal interference. In the event that Lessee terminates this
Lease prior to the expiration of the Initial Term pursuant to the terms of paragraph (v) above,
Lessee shall pay to Lessor a sum equivalent to three (3) months' then-current Rent as liquidated
damages.
16. Hazardous Materials:
(a) As of the Commencement Date of this Lease: (1) Lessee hereby represents
and warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material (as
defined below) in, on, under, upon or affecting the Premises in violation of any Environmental
Law(as defined below), and(2)Lessor hereby represents and warrants that(i)it has no knowledge
of the presence of any Hazardous Material located in, on, under, upon or affecting the Premises in
violation of any Environmental Law; (ii) no notice has been received by or on behalf of Lessor
from, and Lessor has no knowledge that notice has been given to any predecessor owner or
operator of the Premises by, any governmental entity or any person or entity claiming any
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violation of, or requiring compliance with any Environmental Law for any environmental damage
in, on, under, upon or affecting the Property; and (iii) it will not permit itself or any third party to
use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting
the Property in violation of any Environmental Law.
(b) Without limitation of Paragraph 11 above, Lessor and Lessee shall each
indemnify, defend and hold the other harmless from and against all Losses arising from (i) any
breach of any representation or warranty made in this Paragraph 16 by such party; and/or (ii)
environmental conditions or noncompliance with any Environmental Law that result,in the case of
Lessee, from operations in or about the Premises by Lessee or Lessee's agents, employees or
contractors, and in the case of Lessor, from the ownership or control of, or operations in or about,
the Property by Lessor or Lessor's predecessors in interest,and their respective agents,employees,
contractors, lessees, or invitees. The duties described in this Paragraph 16 shall apply as of the
Commencement Date of this Lease and survive termination of this Lease.
(c) "Hazardous Material" means any solid, gaseous or liquid wastes
(including hazardous wastes),regulated substances,pollutants or contaminants, or terms of similar
import,as such terms are defined in any Environmental Law,and shall include,without limitation,
any petroleum or petroleum products or by-products,flammable explosives,radioactive materials,
asbestos in any form, polychlorinated biphenyls and any other substance or material which
constitutes a threat to health, safety, property or the environment or which has been or is in the
future determined by any governmental entity to be prohibited, limited or regulated by any
Environmental Law.
(d) "Environmental Law" means any and all federal, state or local laws, rules,
regulations, codes, ordinances, or by-laws, and any judicial or administrative interpretations
thereof, including orders, decrees,judgments,rulings,directives or notices of violation,that create
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duties, obligations or liabilities with respect to: (i)human health; or (ii) environmental pollution,
impairment or disruption,including,without limitation,laws governing the existence,use, storage,
treatment, discharge, release, containment, transportation, generation, manufacture, refinement,
handling,production,disposal,or management of any Hazardous Material,or otherwise regulating
or providing for the protection of the environment.
17. Interference with Communications:
Lessee's Facilities shall not unreasonably disturb the communications
configurations, equipment and frequency which exist on the Property on the Commencement Date
("Pre-existing Communications"), and the Lessee's Facilities shall comply with all applicable
non-interference rules of the FCC,and the conditions set forth in Administrative Permit No. 13-01,
regarding the City's public safety transmissions (provided the conditions are not within the
exclusive jurisdiction of the FCC or other Federal agency or department). Lessor shall not and
shall not permit its lessees or licensees to use any portion of the Property in a way that
unreasonably interferes with the communications operations of Lessee described in Section 4,
above. Such interference with Lessee's communications operations shall be deemed a material
breach by Lessor, and Lessor shall have the responsibility to promptly terminate said interference.
In the event any such interference does not cease promptly, the parties acknowledge that
continuing interference will cause irreparable injury to Lessee,and therefore, Lessee shall have the
right to bring action to enjoin such interference or to terminate this Lease immediately upon
written notice to Lessor. Notwithstanding the foregoing, Pre-existing Communications operating
in the same manner as on the Commencement Date and in compliance with applicable FCC
non-interference rules shall not be deemed interference.
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Site: Wildwood Park
APN: 0154-371-05-0000
18. Casualty:
In the event of damage by fire or other casualty to the Premises that cannot
reasonably be expected to be repaired within forty-five (45) days following same or, if the
Property is damaged by fire or other casualty so that such damage may reasonably be expected to
disrupt Lessee's operations at the Premises for more than forty-five(45)days,then Lessee may, at
any time following such fire or other casualty, provided Lessor has not completed the restoration
required to permit Lessee to resume its operation at the Premises,terminate this Lease upon fifteen
(15) days prior written notice to Lessor. Any such notice of termination shall cause this Lease to
expire with the same force and effect as though the date set forth in such notice were the date
originally set as the expiration date of this Lease and the parties shall make an appropriate
adjustment,as of such termination date,with respect to payments due to the other under this Lease.
Notwithstanding the foregoing, Rent shall abate during the period of repair following such fire or
other casualty in proportion to the degree to which Lessee's use of the Premises is impaired.
19. Condemnation:
In the event of any condemnation of all or any portion of the Property, this Lease
shall terminate as to the part so taken as of the date the condemning authority takes title or
possession, whichever occurs first. If as a result of a partial condemnation of the Premises or
Property, Lessee, in Lessee's sole discretion, is unable to use the Premises for the purposes
intended hereunder, or if such condemnation may reasonably be expected to disrupt Lessee's
operations at the Premises for more than forty-five(45)days,Lessee may,at Lessee's option,to be
exercised in writing within fifteen(15)days after Lessor shall have given Lessee written notice of
such taking (or in the absence of such notice, within fifteen (15) days after the condemning
authority shall have taken possession)terminate this Lease as of the date the condemning authority
takes such possession. Lessee may on its own behalf make a claim in any condemnation
10/29/2014 15 File No.: 15.06-176
2014-379
Site: Wildwood Park
APN: 0154-371-05-0000
proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its
relocation costs and its damages and losses(but not for the loss of its leasehold interest). Any such
notice of termination shall cause this Lease to expire with the same force and effect as though the
date set forth in such notice were the date originally set as the expiration date of this Lease and the
parties shall make an appropriate adjustment as of such termination date with respect to payments
due to the other under this Lease. If Lessee does not terminate this Lease in accordance with the
foregoing, this Lease shall remain in full force and effect as to the portion of the Premises
remaining, except that the Rent shall be reduced in the same proportion as the rentable area of the
Premises taken bears to the total rentable area of the Premises.
20. Miscellaneous:
(a) This Lease constitutes the entire agreement and understanding between the
parties, and supersedes all offers, negotiations and other leases concerning the subject matter
contained herein. Any amendments to this Lease must be in writing and executed by both parties.
(b) Both parties represent and warrant that their use of the Premises and
Property and their real and personal property located thereon shall be in compliance with all
applicable, valid and enforceable statutes, laws, ordinances and regulations of any competent
government authority.
(c) If any provision of this Lease is invalid or unenforceable with respect to any
party, the remainder of this Lease or the application of such provision to persons other than those
as to whom it is held invalid or unenforceable, shall not be affected and each provision of this
Lease shall be valid and enforceable to the fullest extent permitted by law.
(d) This Lease shall be binding on and inure to the benefit of the successors and
permitted assignees of the respective parties.
10/29/2014 16 File No.: 15.06-176
2014-379
Site: Wildwood Park
APN: 0154-371-05-0000
(e) Any notice or demand required to be given herein shall be made by certified
or registered mail, return receipt requested, or reliable overnight courier to the address of the
respective parties set forth below:
Lessor: Lessee:
City of San Bernardino Los Angeles SMSA Limited Partnership,
Public Works Department dba Verizon Wireless
Real Property Section 180 Washington Valley Road
300 N"D" Street Bedminster,New Jersey 07921
San Bernardino, CA 92418 Attn: Network Real Estate
Lessor or Lessee may from time to time designate any other address for this purpose by written
notice to the other party. All notices hereunder shall be deemed received upon actual receipt or
refusal as shown on the receipt obtained pursuant to the foregoing.
(f) This Lease shall be governed by the laws of the State of California. Any
legal proceeding brought to enforce any right, interest, or other demand to this Lease shall be
brought in the courts with jurisdiction in the County of San Bernardino, State of California. The
prevailing party in any legal proceeding to enforce any provision of this Lease shall be entitled to
recover from the losing party reasonable attorneys' fees and court costs, including appeals, if any,
in connection with that action. The costs, salary, and expenses of the City Attorney and members
of his office in connection with that action shall be considered as"attorneys' fees"for the purposes
of this Lease.
(g) Lessor agrees to execute and deliver to Lessee a Memorandum of Lease in
the form annexed hereto as Exhibit "D" and acknowledges that such Memorandum of Lease will
be recorded by Lessee in the official records of the County where the Property is located.
(h) In the event the Property is encumbered by a mortgage or deed of trust,
Lessor agrees to provide reasonable cooperation in obtaining and delivering to Lessee an executed
10/29/2014 17 File No.: 15.06-176
2014-379
Site: Wildwood Park
APN: 0154-371-05-0000
and acknowledged non-disturbance and attornment instrument for each such mortgage or deed of
trust in a recordable form reasonably acceptable to both parties.
(i) Lessor agrees to fully cooperate, including executing necessary
documentation, with Lessee to obtain information and documentation clearing any outstanding
title issues that could adversely affect Lessee's interest in the Premises created by this Lease.
0) In any case where the approval or consent of one party hereto is required,
requested or otherwise to be given under this Lease, such party shall not unreasonably delay,
condition or withhold its approval or consent.
(k) Each of the parties hereto represent and warrant that they have the right,
power,legal capacity and authority to enter into and perform their respective obligations under this
Lease.
(1) The captions and headings in this Lease are for convenience only and in no
way define, limit or describe the scope or intent of any provision of this Lease.
(m) All Exhibits annexed hereto form material parts of this Lease.
(n) The captions contained in this Lease are inserted for convenience only and
are not intended to be part of this Lease. They shall not affect or be utilized in the construction or
interpretation of this Lease.
(o) Lessor covenants that Lessee, on paying Rent and performing the covenants
herein, shall peaceably and quietly have, hold and enjoy the Premises.
(p) Lessor represents and warrants to Lessee as of the execution date of this
Lease, and covenants during the term hereof that Lessor is seized of good and sufficient title and
interest to the Property.
(q) The failure of either party to insist upon strict performance of any of the
terms or conditions of this Lease or to exercise any of its rights under this Lease shall not waive
10/29/2014 18 File No.: 15.06-176
2014-379
Site: Wildwood Park
APN: 0154-371-05-0000
such rights and such party shall have the right to enforce such rights at any time and take such
action as may be lawful and authorized under this Lease, in law or in equity.
21. Risk to Public Safety or Health:
In the event the FCC, or any successor federal agency thereto, makes a
determination which is final and non-appealable or which is affirmed and becomes final after the
exhaustion of all available appeals concluding that the Lessee's use as set forth in this Lease
presents a material risk to the public health or safety, including,but not limited to radio frequency
emissions, either Lessor or Lessee may terminate this Lease upon ten(10) days notice to the other
party.
[Signatures begin on next page]
10/29/2014 19 File No.: 15.06-176
2014-379
Site: Wildwood Park
APN: 0154-371-05-0000
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LOS
ANGELES SMSA LIMITED PARTNERSHIP, DBA VERIZON WIRELESS.
IN WITNESS WHEREOF, the parties have executed this Lease on the day and year set
forth at the beginning of this Lease.
LESSOR:
CITY OF SAN BERNARDINO,
a Municipal corporation
By:
ALLEN PARKER, City Manager
Date:
ATTEST:
GEORGEANN HANNA, City Clerk
Approved as to form:
GARY D. SAENZ, City Attorney
By:
LESSEE:
LOS ANGELES SMSA LIMITED PARTNERSHIP,
a California limited partnership, dba Verizon
Wireless
By: AirTouch Cellular, its General Partner
By:
BRIAN MECUM
Area Vice President Network
Date:
10/29/2014 20 File No.: 15.06-176
2014-379
Site: Wildwood Park
APN: 0154-371-05-0000
EXHIBIT "A"
Legal Description of Property
WILbW00ll PARK
That portion of Section 14, Township i North, Range 4 West,
San Bernardino Meridian, if said section lines were extended across
the Rancho Muscupiabe as per plat thereof recorded in Book 7 of
Maps, Page 23, Records of the County Recorder of San Bernardino
County, State of California, described as follows:
Beginning at the intersection of the East line of Waterman
Avenue with the North line of Fortieth Street; thence South .890 33'
03" East along the North line of Fortieth Street a distance of
1773.85 feet to a point, said point being the beginning of a non-
tangent curve concave Northeasterly having a radius of 1011•.20
feet, a radial line of said curve through said point bears North
ll° 32' 30" East; thence Northwesterly along the arc of said curve
through a central angle of 140 26' 01 " a distance of 254.74 feet
to the beginning of a compound curve having a radius of 3090.00,
feet; thence continuing Northwesterly along said curve through a
central angle of 36° 31 ' 32" a distance of 1969.85 feet to the
beginning of a compound curve having a radius of 1390.00 feet;
thence continuing Northwesterly along said curve through a central .
angle of 174 14' 13" a distance of 418.70 feet to the intersection
with the East line of Waterman Avenue; thence South 0° 20' 42" West
along the East line of Waterman Avenue a distance of 1813, 10 feet
to the point of beginning.
10/29/2014 21 File No.: 15.06-176
2014-379
EXHIBIT "B"
-Plat showing Leased Area&Access Easement-
-Plat showing Utility Installation Area-
07/28/2009 22 File No.: 15.06-164
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2014-379
EXHIBIT "C"
Landscaping Description
CONDITIONS OF APPROVAL
Administrative Permit No 13-01
17. A landscape planter, at least four feet in width,with concrete curb shall be installed around
the perimeter of the block wall. Groundcover may be wood chips. All curbing shall be
concrete, and at least six inches high and six inches wide.
08/12/2013 29 File No.: 15.06-176
2014-379
EXHIBIT "D"
-Memorandum of Lease-
2014-379
I
RECORDING REQUESTED BY
CITY OF SAN BERNARDINO
AND WHEN RECORDED MAIL DOCUMENT TO:
CITY OF SAN BERNARDINO
CITY CLERK
300 NORTH"D" STREET
SAN BERNARDINO, CA 92418
APN:0154-371-05
FEE EXEMPT PURSUANT TO
GOV.CODE SECTION 27383 MEMORANDUM OF LEASE
This Memorandum of Lease is entered into this 3rd day of November , 2014, by and between the
CITY OF SAN BERNARDINO, a municipal corporation,having a mailing address of 300 North"D" Street, San
Bernardino, CA 92418 (hereinafter referred to as "Lessor") and LOS ANGELES SMSA LIMITED
PARTNERSHIP, a California limited partnership dba Verizon Wireless having a mailing address of 180
Washington Valley Road,Bedminster,New Jersey 07921,Attention: Network Real Estate(hereinafter referred to
as "Lessee'.
1. Lessor and Lessee entered into a certain Lease Agreement ("Lease") on the day of
' 2014, for the purpose of installing, operating and maintaining a communications facility
and other improvements with respect to a portion of that certain property located on the Northeast corner of
Waterman Avenue and 40`x'Street,known as Wildwood Park,legally described on Exhibit"1"attached hereto and
made a part hereof.All of the foregoing is set forth in the Lease.
2. The initial lease term will be five (5) years ("Initial Term") commencing the date both Lessor and Lessee
executed the Lease above("Commencement Date"),with three(3)successive five(5)year options to renew.
3. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as
amending or modifying,any of the terms,conditions or provisions of the Lease,all of which are hereby ratified and
affirmed.In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the
Lease, the provisions of the Lease shall control. The Lease shall be binding upon and inure to the benefit of the
parties and their respective heirs, successors,and assigns, subject to the provisions of the Lease.
IN WITNESS WHEREOF,the parties have executed this Memorandum of Lease as of the day and year
first above written.
LESSOR: LESSEE:
CITY OF SAN BERNARDINO, LOS ANGELES SMSA LIMITED PARTNERSHIP,
a municipal corporation a California limited partnership dba Verizon Wireless
By: AirTouch Cellular, its General Partner
ALLEN PARKER,City Manager
By:
BRIAN MECUM
Date: Area Vice President Network
Date:
2014-379
ACKNOWLEDGEMENT OF LESSOR:
STATE OF CALIFORNIA
COUNTY OF } S.S.
On before me,
Notary Public,personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
SEAL:
ACKNOWLEDGEMENT OF LESSEE:
STATE OF CALIFORNIA
COUNTY OF ) S.S.
On before me, ,
Notary Public,personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
SEAL:
2014-379
EXHIBIT 461"
Legal Description
WILDW00D PARK
That portion of Section 14, Township I North, Range 4 West,
San Bernardino Meridian, if said section lines were extended across
the Rancho Muscupiabe as per plat thereof recorded in Book 7 of
Maps, Page 23, Records of the County Recorder of San Bernardino
County, State of California, described as follows:
Beginning at the intersection of the East line of Waterman
Avenue with the North line of Fortieth Street; thence South .890 33'
03" East along the Forth line of Fortieth Street a distance ,of
1773.85 feet to a point, said point being the beginning of a non-
tangent curve concave Northeasterly having a radius of 1011.20
feet, a radial line of said curve through said point bears North
II ° 32' 30" East; thence Northwesterly along the arc of said curve
through a central angle of 140 26' 01" a distance of 254.74 feet
to the beginning of a compound curve having a radius of 3090.00,
feet; thence continuing Northwesterly along said curve through a
central angle of 360 31 ' 32" a distance of 1969.85 feet to the
beginning of a compound curve having a radius of 1390.00 feet;
thence continuing Northwesterly along said curve through a central ,
angle of 170 14' 13" a distance of 418.70 feet to the intersection
with the East line of Waterman Avenue; thence South 00 20' 42" West
along the East line of Waterman Avenue a distance of 1813. 10 feet
to the point of beginning.
2014-379
r TRoll,
Land Services
"Beyond Seivice...Solutions"
September 16,2013
City of San Bernardino
c/o Spectrum Service Inc.
ATTN: Michael Hayes
8390 Maple Place, Suite 110
Rancho Cucamonga,CA 91730
SUBJECT: Electric Service to 686 E. 401"Street, San Bernardino
Edison Work Order No.: TD684791 —Verizon Site: SONORA
Our Reference No.: DSE801052168
Dear Mr.Hayes,
Southern California Edison has retained Spectrum Land Services to acquire rights of way for
installation of Edison's electric distribution facilities. Edison has been requested to furnish
electric service to the above referenced project location.
To enable Edison to provide this service, we would like to obtain an easement across of your
property. There will be no charge to you for the construction of this line, nor does the granting of
this easement obligate you to take service. In the event you should desire service for the future
development of your property, it could be furnished from this line.
You will find enclosed an original and one copy of a Grant of Easement including the Exhibit
sketch as requested. Please have the Grant of Easement executed by the appropriate Grantor(s),
have the signatures notarized, and return the document to my attention. Please note that the
notary public must spell out each name exactly as they appear on each signature line and the
notary stamps must be clear and legible to be accepted for recording by the County Recorder's
Office. The copy of the easement is for your files.
Upon request, your notary fees will be reimbursed; please submit a complete receipt with your
request.
Thank you for your cooperation in this matter.If you have any questions,or need additional
information,please call me at(714)568-1800 ext.236 or E-mail me at slane@spectrumland.com.
Since -iy;�
J �'t
S ne
ht- f-Way Agent
l
725 W.Tt�,vn&Country Road,Suite 410 Orange,CA 92868■Phone (714)568-1800■Fax(714)568-1801
www.spectrumland.com
1
2
ATTACHMENT "2"
3
4 -SCE Easement-
5
6
7
8
9
10
11
[See attached]
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2014-379
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA
EDISON
An EDISON INTERNATIONAL Company
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
Real Properties
2131 Walnut Grove Avenue,2"d Floor
Rosemead,CA 91770
Attn: Distribution/TRES
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF DOCUMENTARY TRANSFER TAX$NONE(VALUE
EASEMENT AND CONSIDERATION LESS THAN$100,001 Re217.1 TD684791 N/A
SCE Company APPROVED'
SIG.OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME APN.0154-371-05 Real Properties SLS/GB 09/13/2014
CITY OF SAN BERNARDINO, a municipal corporation (hereinafter referred to as "Grantor"), hereby grants to
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as
"Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to,repair, replace,reconstruct, inspect
and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter
referred to as"systems"), consisting of wires, underground conduits, cables, vaults, manholes, hndholes, and including above-
ground enclosures,markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing
electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real
property in the County of San Bernardino,State of California,described as follows:
A 6.00 FOOT WIDE STRIP OF LAND LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 14,
TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, THE CENTERLINE OF SAID
STRIP IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF WATERMAN AVENUE WITH THE
CENTERLINE OF 40TH STREET; THENCE ALONG THE CENTERLINE OF 40TH STREET, NORTH 89 051'00'
EAST 660.50 FEET; THENCE PARALLEL WITH THE CENTERLINE OF WATERMAN AVENUE, NORTH
00 020'30" WEST 305.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°51'00" WEST
8.00 FEET.
FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBIT "A" ATTACHED HERETO AND
MAD A PART HEREOF.
It is understood and agreed that the above description is approximate only, it being the intention of the Grantor(s) to
grant an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of
said systems as constructed in,on,over,under,across,and along the Grantor(s)property.
This legal description was prepared pursuant to Sec. 8730(c)of the Business&Professions Code.
Grantor agrees for himself,his heirs and assigns,not to erect,place or maintain,nor to permit the erection,placement or
maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real
property. The Grantee,and its contractors,agents and employees,shall have the right to trim or cut tree roots as may endanger
or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of
exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the
Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation,
and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to
such excavation as is practicable.
IV 2014-379
EXECUTED this day of ,20
GRANTOR
CITY OF SAN BERNARDINO,a municipal
corporation
Signature
R. Carey Davis
Print Name
Mayor
Title
State of California )
)
Coun ty/of
On /�� _ �� before me, t'i///G ��� ' .'� Gr-/ notary public,
(here insert e)
personally appearedt�
who proved to me on the basis of satisfactory evide to be the person(s'fwhose name(a) is/ax-subscribed to the within
instrument and acknowledged to me that he/stethwf executed the same in his/heethetr authorized capacity(jae),and that by
his/hKth+zfsignature(.gjron the instrument the person(*�,-or the entity upon behalf of which the person(eacted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct
WITNESS my hand and official seal.
Signature
(This area for notary stamp)
� VALERIE R. MONTOYA
1a 'Commission# 1985357 Z
a -s Notary Public California z
i +>�% San Bernardino County
' My Comm. Expires Aug 2,2016
2 DSE801052168
TD684791
2014-379
GRANTEE
SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
Dino J.LaBanca,
Real Properties Department
Date
State of California )
County of )
On before me, notary public,
(here insert name)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct
WITNESS my hand and official seal.
Signature
(This area for notary stamp)
3 DSE801052168
TD684791
2014-379
EXHIBIT "A"
SCALE: 1"=100'
I
POR. SW 1/4 OF SEC. 14,
i T 1 N, R 4 W, S.B.M,
SAN BERNARDINO COUNTY
i
i S89'51'00"W T.P.O.B.
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SCE EASEMENT ( l
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CITY OF SAN BERNARDINO Proposed Lease Agreement with Verizon
PUBLIC WORKS DEPARTMENT Wireless for a monopine cell tower and
SanDcrnar inn REAL PROPERTY SECTION appurtenant equipment facility, located on the
northeast corner of Waterman Ave and 40th St.
Indicates un-incorporated areas within City's (Wildwood Park).
® Sphere of Influence
Created by: Ryan Sandoval Date: 08/05/2013
2014-379
Site: Wildwood Park
APN: 0154-371-05-0000
LEASE
THIS LEASE ("Lease"), is made and entered into this 3rd day of
November , 2014, by and between the CITY OF SAN BERNARDINO, a
municipal corporation,hereinafter referred to as"Lessor", and LOS ANGELES SMSA LIMITED
PARTNERSHIP, a California limited partnership,dba Verizon Wireless,hereinafter referred to as
"Lessee".
RECITALS
This Lease is made and entered into with respect to the following facts:
(a) Lessor is the owner of that certain real property herein described.
(b) Lessee has requested permission to construct a mobile/wireless communications
facility to be located at Wildwood Park ("Property"), on the Northeast corner of Waterman
Avenue and 40th Street in the City of San Bernardino (APN 0154-371-05),which Property is more
particularly described in Exhibit"A"attached hereto,and Lessor is willing to lease a portion of the
Property to Lessee upon the terms and conditions hereinafter set forth.
(c) Lessee believes that the facilities will not interfere with the City of San Bernardino
Department of Parks and Recreation's operations or the public's use of Wildwood Park.
(d) This Lease is conditioned upon Lessee, or Lessee's assigns, obtaining all
governmental permits and approvals enabling Lessee, or its assigns to construct and operate
mobile/wireless communications facilities on the Premises (as defined below).
NOW THEREFORE, the parties hereto agree as follows:
1. Property Leased:
(a) Lessor hereby leases to Lessee, and the Lessee hereby leases from Lessor,
ground space at the Property measuring approximately fifteen feet four inches by twenty four feet
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eight inches(15'-4" x 24'-8") and containing approximately three hundred seventy eight (378)
square feet (the "Equipment Space"), plus a second parcel of ground space measuring
approximately ten feet by ten feet (10' x 10') and containing approximately one hundred (100)
square feet(the"Tower Space"), all as more particularly described in Exhibit B"attached hereto.
Lessor also grants Lessee the right to install utility connections between the Equipment Space and
Tower Space and to the nearest appropriate utilities providers. The Equipment Space, Tower
Space, and any appurtenant facilities and applicable easements for access and utilities as described
herein are collectively defined as the "Premises."
2. Term:
(a) The term of this Lease shall be five (5) years ("Initial Term), commencing
with the date both Lessor and Lessee have executed this Lease ("Commencement Date").
(b) Lessee shall have the right to extend the term of this Lease for three (3)
additional terms of five (5) years each ("Renewal Term(s)"). Each Renewal Term shall be on the
terms and conditions set forth herein. This Lease shall automatically be extended for each 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 Initial Term or then-current Renewal Term.
3. Lease Payments:
(a) Lessee shall pay Lessor the sum of Two Thousand One Hundred and
00/100 Dollars ($2,100.00) in addition to rent for a document preparation fee upon the
Commencement Date of said Lease. In the event this Lease is terminated as a result of testing as
set forth in Paragraph 5(a) below, Lessor shall retain the document preparation fee of Two
Thousand One Hundred Dollars ($2,100.00) for work performed.
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(b) Lessee shall pay Lessor as rent, the annual sum of Twenty-Five Thousand
Two Hundred and 00/100 Dollars ($25,200.00) "Rent", payable in equal monthly installments
commencing upon the Commencement Date ("Rent Start Date"),which shall be paid within thirty
(30)days after the Commencement Date. The monthly installments shall be in the amount of Two
Thousand One Hundred and 00/100 Dollars ($2,100.00) each month, due and payable on the Rent
Start Date, and on the same date of each month thereafter.
Payments shall be mailed or delivered to:
City of San Bernardino
Public Works Department/Real Property Section
300 North"D" Street, 3rd Floor
San Bernardino, California 92418
Lessor may, from time to time, designate such other addresses or entity to receive Rent payments
due hereunder, which designation shall be made in writing at least thirty (30) days in advance of
any Rent payment date by notice given in accordance with Paragraph 20 below.
(c) Rent shall be increased on each yearly anniversary of the Rent Start Date by
an amount equal to four percent (4%) of the Rent then in effect for the previous year.
4. Use Restrictions:
The Premises may be used by Lessee for any lawful activity in connection with the
provision of mobile/wireless communications services, including without limitation, the
transmission and the reception of wireless communication signals on various frequencies, and the
testing, investigation, 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, permits and any and all other necessary approvals that may be required
for Lessee's intended use of the Premises.
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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 purpose 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 below, and shall notify Lessor at least forty-eight(48)hours
prior to any proposed Tests, and shall coordinate the scheduling of same with Lessor. If Lessee
determines that the Premises are unsuitable for Lessee's contemplated use,then Lessee shall notify
Lessor and this Lease shall terminate. Lessee shall repair any damage to the Premises caused by
Lessee and shall restore the Premises to the condition existing prior to conducting the Tests.
(b) Lessee shall have the right to construct, erect,maintain,operate and remove
mobile/wireless communications facilities on the Premises,including but not limited to an antenna
tower or pole and foundation,utility lines,transmission lines,air conditioned equipment shelter(s),
electronic equipment, transmitting and receiving antennas, a standby power generator and
generator pad, and supporting equipment, structures and improvements (collectively, "Lessee
Facilities"). In connection therewith,Lessee has the right to do all work necessary to prepare,add,
maintain and alter the Premises for Lessee's operations and to install utility lines and transmission
lines connecting antennas to transmitters and receivers. All of Lessee's construction and
installation work shall be performed at Lessee's sole cost and expense and in a good and
workmanlike manner. Lessee shall hold title to the Lessee Facilities and all of the Lessee Facilities
shall remain the property of Lessee and shall not be deemed fixtures. Lessee has the right to
remove the Lessee Facilities at its sole expense as provided in this Paragraph 5(b). Once the Lessee
Facilities are installed, Lessee shall not make any material alterations to the Premises, or any part
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thereof, other than as set forth in Paragraph 5 herein, without the prior written consent of Lessor,
which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the
foregoing, maintenance, repairs, like-kind or similar replacements of the Lessee Facilities and
modifications made within the interior of any shelters or base station equipment shall not be
considered "Material Alterations". Any and all alterations and/or improvements made to the
Premises pursuant to this Paragraph,including but not limited to the Lessee Facilities, shall,within
sixty (60) days after the expiration or earlier termination of this Lease, be removed from the
Premises, and the Premises shall be returned to its previous state as of the Commencement Date,
excepting normal wear and tear, casualty, or damage caused by Lessor or Lessor's agents,
employees, tenants, lessees, licensees or invitees.
(c) Lessor shall provide to Lessee,Lessee's employees, agents and contractors,
access to the Premises across the Property twenty-four(24) hours a day, seven(7) days a week, at
no charge to Lessee. Lessor represents and warrants that it has full rights of ingress to and egress
from said Premises over the Property, and shall allow Lessee access from the nearest public
roadway to the Premises at all times, and hereby grants such non-exclusive ingress and egress
rights to Lessee along a twelve foot (12') wide right-of-way extending from the nearest public
right-of-way to the Premises as further described in Exhibit"B",to the extent required to construct,
erect, maintain, install, remove and operate the Lessee Facilities on the Premises. Lessee shall
repair any damages Lessee, its agents, employees, officers, or contractors cause to said above-
described ingress and egress area.
(d) In connection with obtaining the governmental approvals required for
construction of the Lessee Facilities, Lessee shall be required to install the landscaping
("Landscaping")per the Conditions of Approval for Administrative Permit No. 13-01 as described in
Exhibit "C", attached hereto and made a part hereof. Lessee shall be solely responsible for
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maintaining the same as required by said governmental approvals; provided however, that Lessor
shall permit Lessee to connect an irrigation system to Lessor's existing irrigation system for the
purpose of maintaining the Landscaping.
6. Maintenance and Inspections:
Lessee shall, at Lessee's own cost and expense, keep and maintain all
improvements hereinafter constructed on the Premises in good condition and repair, reasonable
wear and tear excepted, and shall use reasonable precaution to prevent waste, damage or injury to
the Premises. Lessor shall, at any reasonable time, have the right to go upon the Premises upon
seventy-two (72) hours prior notice to Lessee, and inspect and examine the same relative to such
maintenance and upkeep. Such inspections shall be conducted in the accompaniment of an
employee or authorized representative of Lessee.
7. Utilities:
Lessee shall have the right to install utilities, at Lessee's expense, and to improve
the present utilities on or near the Premises (including, but not limited to the installation of
emergency power generators) , subject to Lessor's approval of the location, which approval shall
not be unreasonably withheld or delayed. In connection therewith, Lessee shall have the right to
install along the perimeter of the Equipment Space a power panel and telco board, as more
particularly described and depicted on Exhibit `B".
Lessee shall pay for all electricity, gas, water, telephone service, and all other
services and utilities required for the Lessee Facilities, including service installation fees and
charges for such utilities, used by Lessee during the term of this Lease.
8. Liens and/or Encumbrances:
Lessee shall pay or cause to be paid, all costs of construction and/or installation of
Lessee's improvements at the Property. Lessee shall keep the Premises free and clear of any and all
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claims, liens, or encumbrances arising out of performance of work on Lessee's behalf, furnishing
of materials on Lessee's behalf,or upon use of utilities by Lessee with respect to the Property. This
Lease shall be subordinate to any lien, mortgage or deed of trust currently on record against said
Property .
9. Permits and Fees:
(a) Lessee shall pay all license fees, assessments, taxes, penalties or fines
which may be levied against Lessee by virtue of the installation , ownership, use, or operation of
Lessee's leasehold improvements at the Property.
(b) Lessor shall pay when due all real property taxes for the Property, including
the Premises. In the event that Lessor fails to pay any such real property taxes or other fees and
assessments, Lessee shall have the right, but not the obligation, to pay such owed amounts and
deduct them from Rent amounts due under this Lease. Notwithstanding the foregoing, Lessee
shall pay any personal property tax,real property tax or any other tax and/or fee which are directly
attributable to the presence or installation of the Lessee's Facilities, only for so long as this Lease
has not expired of its own terms or is not terminated by either party. Lessor hereby grants to
Lessee the right to challenge, whether in a Court, Administrative Proceeding, or other venue, on
behalf of Lessor and/or Lessee, any personal property or real property tax assessments that may
affect Lessee. If Lessor receives notice of any personal property or real property tax assessment
against the Lessor, which may affect Lessee and is directly attributable to Lessee's installation,
Lessor shall provide timely notice of the assessment to Lessee sufficient to allow Lessee to
consent to or challenge such assessment. Further, Lessor shall provide to Lessee any and all
documentation associated with the assessment and shall execute any and all documents
reasonably necessary to effectuate the intent of this Section 9.
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10. Liability Insurance:
Lessee agrees to procure and maintain in force during the term of this Lease and
any extension, at Lessee's sole cost and expense,the following insurance from companies with an
A.M. Best Rating of at least A-/VII, and with such minimum limits as set forth below,which shall
insure,on an occurrence basis,against all liability of Lessee,its employees,agents,and contractors,
arising out of or in connection with Lessee's use of the Premises as provided for herein; (1)
Commercial General Liability with limits of Five Million Dollars($5,000,000.00)per occurrence,
provided such limit may be satisfied by a combination of primary and umbrella policies, and
Lessee may satisfy this requirement by obtaining the appropriate endorsement to any master policy
of liability insurance Lessee may maintain,(2)Automobile Liability with a combined single limit
of One Million Dollars ($1,000,000.00) per accident, and (3) Worker's Compensation Insurance
as required by law and Employers' Liability with limits of One Million Dollars ($1,000,000.00)
per occurrence. Lessee shall provide to Lessor a certificate of insurance and name Lessor as an
additional insured for the general liability policy, which certificate provides:
(a) Additional insured: "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insured with respect to this
contract with the City."
(b) The certificates shall include the insurance company name,policy number,
period of coverage, and the amount of insurance.
(c) That the Real Property Section of the Public Works Department of the City
of San Barnardino must be given notice in writing at least thirty (30) days prior to cancellation or
reduction of required limits of the policy.
(d) That Lessee's insurance shall be primary to any insurance coverage the City
of San Bernardino may have in connection with Lesse's negligence.
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11. Indemnification:
(a) Lessor and Lessee shall each indemnify,defend and hold the other harmless
from and against all claims, causes of action, losses, liabilities, damages, costs, and expenses
(including reasonable attorneys' and consultants' fees,costs and expenses) (collectively"Losses")
to the extent arising from or related to the indemnifying party's operations at the Property or the
negligence or willful misconduct of the indemnifying party,or its agents,employees or contractors
in or about the Premises or Property, except to the extent caused by the negligence or willful
misconduct of the party to be indemnified, or such party's agents, employees and contractors.
Except as provided in the first sentence, Lessee shall defend with counsel reasonably approved by
Lessor(if requested by Lessor), indemnify, and hold harmless Lessor, its agents, boards, officers,
employees, representatives or contractors against any and all claims, suits, damages for bodily
injury, including death, property damage, demands, loss or liability of any kind or nature
("Claims")to the extent arising from or related to Lessee's operations under this Lease and except
to the extent any Claims arise out of the negligence or misconduct of Lessor, its agents, officers,
employees,representatives or contractors. The duties described in this Paragraph 11 shall apply as
of the Commencement Date of this Lease and shall survive the termination of this Lease.
(b) Neither Party shall be liable to the other,or to any of their respective agents,
representatives, officers or employees for any lost revenue, lost profits, loss of technology, rights
or services, incidental, punitive, indirect, special or consequential damages, loss of data, or
interruption or loss of use or service, even if advised of the possibility of such damages, whether
under theory of contract, tort(including negligence), strict liability or otherwise.
12. Taxes/Possessory Interest:
Lessee recognizes and understands that this Lease may create a possessory interest
subject to property taxation,and that Lessee may be subject to the payment of property taxes levied
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on such interest. Lessee agrees to, and shall indemnify and hold harmless the Lessor from any and
all liability for any such taxes due during the Lease term pursuant to Paragraph 9,Permits and Fees
above.
13. Waiver of Lessor's Lien:
(a) Lessor waives any lien rights it may have concerning the Lessee Facilities,
all of which are deemed Lessee's personal property and not fixtures, and Lessee has the right to
remove the same at any time without Lessor's consent.
(b) Lessor acknowledges that Lessee may enter into a financing arrangement
including promissory notes and financial and security leases for the financing of the Lessee
Facilities ("Collateral") with a third party financing entity (and may in the future enter into
additional financing arrangements with other financing entities). In connection therewith, Lessor
(i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as
fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution,
foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such
Collateral may be removed at any time without recourse to legal proceedings.
14. Assignment and Subletting:
(a) Lessee may not assign all or any part of its interest in this Lease or in the
Premises without the prior written consent of Lessor; provided, however, that Lessee may assign
without notice to Lessor its interest to its parent company, any subsidiary or affiliate of it or its
parent company, or to any entity which acquires all or substantially all of Lessee's assets in the
market defined by the Federal Communications Commission ("FCC") in which the Property is
located by reason of a merger, acquisition or other business reorganization, subject to any
financing entity's interest, if any, in this Lease as set forth in Paragraph 13 above. No change of
stock ownership,partnership interest or control of Lessee or transfer upon partnership or corporate
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dissolution of Lessee shall constitute an assignment hereunder. Upon assignment, Lessee shall be
relieved of all future performance, liabilities, and obligations under this Lease, provided that the
assignee assumes all of Lessee's obligations herein. This Lease shall run with the Property and
shall be binding upon and inure to the benefit of the parties, their respective successors, personal
representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this
Lease, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or
consent its interest in this Lease to any financing entity, or agent on behalf of any financing entity,
to whom Lessee (i) has obligations for borrowed money or with respect to guaranties thereof, (ii)
has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has
obligations under or with respect to letters of credit, bankers acceptances and similar facilities or
with respect to guaranties thereof.
(b) Sublease - Subject to all permits and approvals from all governmental
agencies having jurisdiction thereover, Lessee may lease or license space on the support structure
forming a part of the Lessee's Facilities, in its equipment cabinets or elsewhere on the Lessee
Facilities to a third party for installation of transmission, receiving or other types of equipment or
facilities, whether similar or dissimilar to Lessee's installation, on such terms and conditions as
Lessee in its sole discretion, desires(a"Third Party Lease"); provided,however,that Lessor shall
receive as additional rent under this Lease, fifty percent (50%) of such Third Party Lease rent
actually received by Lessee, and after Lessee has been able to recover all direct and indirect costs
of obtaining the sublease. Any sublessee shall be instructed to pay the foregoing percentage
amount directly to Lessor.
15. Termination:
This Lease may be terminated without further liability after thirty (30) days prior
written notice as follows: (i) by either party upon a default of any covenant or term hereof by the
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other party,which default is not cured within sixty(60)days of receipt of written notice of default,
except that this Lease shall not be terminated if the default cannot reasonably be cured within such
sixty(60) day period and the defaulting party has commenced to cure the default within such sixty
(60) day period and diligently pursues the cure to completion; provided that the grace period for
any monetary default is ten(10) days from receipt of written notice; or(ii)by Lessee if it does not
obtain or maintain any license, permit or other approval necessary for the construction and
operation of the Lessee Facilities; or (iii) by Lessee if Lessee is unable to occupy and utilize the
Premises due to an action of the FCC, including without limitation, a take back of channels or
change in frequencies; or (iv) by Lessee if any environmental report for the Property reveals the
presence of any Hazardous Material after the Commencement Date; or (v) by Lessee if Lessee
determines that the Premises are not appropriate for its operations for economic or technological
reasons, including, without limitation, signal interference. In the event that Lessee terminates this
Lease prior to the expiration of the Initial Term pursuant to the terms of paragraph (v) above,
Lessee shall pay to Lessor a sum equivalent to three (3) months' then-current Rent as liquidated
damages.
16. Hazardous Materials:
(a) As of the Commencement Date of this Lease: (1)Lessee hereby represents
and warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material(as
defined below) in, on, under, upon or affecting the Premises in violation of any Environmental
Law(as defined below), and(2)Lessor hereby represents and warrants that(i)it has no knowledge
of the presence of any Hazardous Material located in, on, under, upon or affecting the Premises in
violation of any Environmental Law; (ii) no notice has been received by or on behalf of Lessor
from, and Lessor has no knowledge that notice has been given to any predecessor owner or
operator of the Premises by, any governmental entity or any person or entity claiming any
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violation of, or requiring compliance with any Environmental Law for any environmental damage
in, on, under, upon or affecting the Property; and (iii) it will not permit itself or any third party to
use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting
the Property in violation of any Environmental Law.
(b) Without limitation of Paragraph 11 above, Lessor and Lessee shall each
indemnify, defend and hold the other harmless from and against all Losses arising from (i) any
breach of any representation or warranty made in this Paragraph 16 by such party; and/or (ii)
environmental conditions or noncompliance with any Environmental Law that result,in the case of
Lessee, from operations in or about the Premises by Lessee or Lessee's agents, employees or
contractors, and in the case of Lessor, from the ownership or control of, or operations in or about,
the Property by Lessor or Lessor's predecessors in interest,and their respective agents,employees,
contractors, lessees, or invitees. The duties described in this Paragraph 16 shall apply as of the
Commencement Date of this Lease and survive termination of this Lease.
(c) "Hazardous Material" means any solid, gaseous or liquid wastes
(including hazardous wastes),regulated substances,pollutants or contaminants,or terms of similar
import, as such terms are defined in any Environmental Law, and shall include,without limitation,
any petroleum or petroleum products or by-products, flammable explosives,radioactive materials,
asbestos in any form, polychlorinated biphenyls and any other substance or material which
constitutes a threat to health, safety, property or the environment or which has been or is in the
future determined by any governmental entity to be prohibited, limited or regulated by any
Environmental Law.
(d) "Environmental Law"means any and all federal, state or local laws, rules,
regulations, codes, ordinances, or by-laws, and any judicial or administrative interpretations
thereof,including orders, decrees,judgments,rulings,directives or notices of violation,that create
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duties, obligations or liabilities with respect to: (i)human health; or (ii) environmental pollution,
impairment or disruption,including,without limitation,laws governing the existence,use, storage,
treatment, discharge, release, containment, transportation, generation, manufacture, refinement,
handling,production,disposal,or management of any Hazardous Material,or otherwise regulating
or providing for the protection of the environment.
17. Interference with Communications:
Lessee's Facilities shall not unreasonably disturb the communications
configurations,equipment and frequency which exist on the Property on the Commencement Date
("Pre-existing Communications"), and the Lessee's Facilities shall comply with all applicable
non-interference rules of the FCC,and the conditions set forth in Administrative Permit No. 13-01,
regarding the City's public safety transmissions (provided the conditions are not within the
exclusive jurisdiction of the FCC or other Federal agency or department). Lessor shall not and
shall not permit its lessees or licensees to use any portion of the Property in a way that
unreasonably interferes with the communications operations of Lessee described in Section 4,
above. Such interference with Lessee's communications operations shall be deemed a material
breach by Lessor, and Lessor shall have the responsibility to promptly terminate said interference.
In the event any such interference does not cease promptly, the parties acknowledge that
continuing interference will cause irreparable injury to Lessee,and therefore,Lessee shall have the
right to bring action to enjoin such interference or to terminate this Lease immediately upon
written notice to Lessor. Notwithstanding the foregoing, Pre-existing Communications operating
in the same manner as on the Commencement Date and in compliance with applicable FCC
non-interference rules shall not be deemed interference.
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18. Casualty:
In the event of damage by fire or other casualty to the Premises that cannot
reasonably be expected to be repaired within forty-five (45) days following same or, if the
Property is damaged by fire or other casualty so that such damage may reasonably be expected to
disrupt Lessee's operations at the Premises for more than forty-five (45)days,then Lessee may, at
any time following such fire or other casualty, provided Lessor has not completed the restoration
required to permit Lessee to resume its operation at the Premises,terminate this Lease upon fifteen
(15) days prior written notice to Lessor. Any such notice of termination shall cause this Lease to
expire with the same force and effect as though the date set forth in such notice were the date
originally set as the expiration date of this Lease and the parties shall make an appropriate
adjustment,as of such termination date,with respect to payments due to the other under this Lease.
Notwithstanding the foregoing, Rent shall abate during the period of repair following such fire or
other casualty in proportion to the degree to which Lessee's use of the Premises is impaired.
19. Condemnation:
In the event of any condemnation of all or any portion of the Property, this Lease
shall terminate as to the part so taken as of the date the condemning authority takes title or
possession, whichever occurs first. If as a result of a partial condemnation of the Premises or
Property, Lessee, in Lessee's sole discretion, is unable to use the Premises for the purposes
intended hereunder, or if such condemnation may reasonably be expected to disrupt Lessee's
operations at the Premises for more than forty-five(45)days,Lessee may, at Lessee's option,to be
exercised in writing within fifteen(15) days after Lessor shall have given Lessee written notice of
such taking (or in the absence of such notice, within fifteen (15) days after the condemning
authority shall have taken possession)terminate this Lease as of the date the condemning authority
takes such possession. Lessee may on its own behalf make a claim in any condemnation
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APN: 0154-371-05-0000
proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its
relocation costs and its damages and losses(but not for the loss of its leasehold interest). Any such
notice of termination shall cause this Lease to expire with the same force and effect as though the
date set forth in such notice were the date originally set as the expiration date of this Lease and the
parties shall make an appropriate adjustment as of such termination date with respect to payments
due to the other under this Lease. If Lessee does not terminate this Lease in accordance with the
foregoing, this Lease shall remain in full force and effect as to the portion of the Premises
remaining, except that the Rent shall be reduced in the same proportion as the rentable area of the
Premises taken bears to the total rentable area of the Premises.
20. Miscellaneous:
(a) This Lease constitutes the entire agreement and understanding between the
parties, and supersedes all offers, negotiations and other leases concerning the subject matter
contained herein. Any amendments to this Lease must be in writing and executed by both parties.
(b) Both parties represent and warrant that their use of the Premises and
Property and their real and personal property located thereon shall be in compliance with all
applicable, valid and enforceable statutes, laws, ordinances and regulations of any competent
government authority.
(c) If any provision of this Lease is invalid or unenforceable with respect to any
party, the remainder of this Lease or the application of such provision to persons other than those
as to whom it is held invalid or unenforceable, shall not be affected and each provision of this
Lease shall be valid and enforceable to the fullest extent permitted by law.
(d) This Lease shall be binding on and inure to the benefit of the successors and
permitted assignees of the respective parties.
10/29/2014 16 File No.: 15.06-176
• 2014-379
Site: Wildwood Park
APN: 0154-371-05-0000
(e) Any notice or demand required to be given herein shall be made by certified
or registered mail, return receipt requested, or reliable overnight courier to the address of the
respective parties set forth below:
Lessor: Lessee:
City of San Bernardino Los Angeles SMSA Limited Partnership,
Public Works Department dba Verizon Wireless
Real Property Section 180 Washington Valley Road
300 N"D" Street Bedminster,New Jersey 07921
San Bernardino, CA 92418 Attn: Network Real Estate
Lessor or Lessee may from time to time designate any other address for this purpose by written
notice to the other party. All notices hereunder shall be deemed received upon actual receipt or
refusal as shown on the receipt obtained pursuant to the foregoing.
(f) This Lease shall be governed by the laws of the State of California. Any
legal proceeding brought to enforce any right, interest, or other demand to this Lease shall be
brought in the courts with jurisdiction in the County of San Bernardino, State of California. The
prevailing party in any legal proceeding to enforce any provision of this Lease shall be entitled to
recover from the losing party reasonable attorneys' fees and court costs, including appeals, if any,
in connection with that action. The costs, salary, and expenses of the City Attorney and members
of his office in connection with that action shall be considered as"attorneys' fees"for the purposes
of this Lease.
(g) Lessor agrees to execute and deliver to Lessee a Memorandum of Lease in
the form annexed hereto as Exhibit "D" and acknowledges that such Memorandum of Lease will
be recorded by Lessee in the official records of the County where the Property is located.
(h) In the event the Property is encumbered by a mortgage or deed of trust,
Lessor agrees to provide reasonable cooperation in obtaining and delivering to Lessee an executed
10/29/2014 17 File No.: 15.06-176
2014-379
Site: Wildwood Park
APN: 0154-371-05-0000
and acknowledged non-disturbance and attornment instrument for each such mortgage or deed of
trust in a recordable form reasonably acceptable to both parties.
(i) Lessor agrees to fully cooperate, including executing necessary
documentation, with Lessee to obtain information and documentation clearing any outstanding
title issues that could adversely affect Lessee's interest in the Premises created by this Lease.
0) In any case where the approval or consent of one party hereto is required,
requested or otherwise to be given under this Lease, such party shall not unreasonably delay,
condition or withhold its approval or consent.
(k) Each of the parties hereto represent and warrant that they have the right,
power,legal capacity and authority to enter into and perform their respective obligations under this
Lease.
(1) The captions and headings in this Lease are for convenience only and in no
way define, limit or describe the scope or intent of any provision of this Lease.
(m) All Exhibits annexed hereto form material parts of this Lease.
(n) The captions contained in this Lease are inserted for convenience only and
are not intended to be part of this Lease. They shall not affect or be utilized in the construction or
interpretation of this Lease.
(o) Lessor covenants that Lessee,on paying Rent and performing the covenants
herein, shall peaceably and quietly have, hold and enjoy the Premises.
(p) Lessor represents and warrants to Lessee as of the execution date of this
Lease, and covenants during the term hereof that Lessor is seized of good and sufficient title and
interest to the Property.
(q) The failure of either party to insist upon strict performance of any of the
terms or conditions of this Lease or to exercise any of its rights under this Lease shall not waive
10/29/2014 18 File No.: 15.06-176
• • 2014-379
Site: Wildwood Park
APN: 0154-371-05-0000
such rights and such party shall have the right to enforce such rights at any time and take such
action as may be lawful and authorized under this Lease, in law or in equity.
21. Risk to Public Safety or Health:
In the event the FCC, or any successor federal agency thereto, makes a
determination which is final and non-appealable or which is affirmed and becomes final after the
exhaustion of all available appeals concluding that the Lessee's use as set forth in this Lease
presents a material risk to the public health or safety, including,but not limited to radio frequency
emissions, either Lessor or Lessee may terminate this Lease upon ten(10) days notice to the other
party.
[Signatures begin on next page]
10/29/2014 19 File No.: 15.06-176
2014-379
Site: Wildwood Park
APN: 0154-371-05-0000
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LOS
ANGELES SMSA LIMITED PARTNERSHIP, DBA VERIZON WIRELESS.
IN WITNESS WHEREOF, the parties have executed this Lease on the day and year set
forth at the beginning of this Lease.
LESSOR:
CITY OF SAN BERNARDINO,
a Municipal corporation
By:
ALL N PARKER, City Manager
Date:
ATTEST:
GEORGEA HANNA, ity Clerk
Approved as to form:
GARY D. SAENZ, City Attorney
By:
LESSEE:
LOS ANGELES SMSA LIMITED PARTNERSHIP,
a California limited partnership, dba Verizon
Wireless
By: AirTouch Cellular, its General Partner
By: Gam,
BRIAN MECUM
Area Vice President Network
Date:
10/29/2014 20 File No.: 15.06-176
2014-379
Site: Wildwood Park
APN: 0154-371-05-0000
EXHIBIT "A"
Legal Description of Property
W I LDWOOD PARK
That portion of Section 14, Township i North, Range 4 West,
San Bernardino Meridian, if said section lines were extended across
the Rancho Muscupiabe as per plat thereof recorded in Book 7 of
Maps, page 23, Records of the County Recorder of San Bernardino
County, State of California, described as follows:
Beginning at the intersection of the East line of Waterman
Avenue with the North line of Fortieth Street; thence South .890 33'
03" East along the North line of Fortieth Street a distance �of
1773.85 feet to a point, said point being the beginning of a non-
tangent curve concave Northeasterly having a radius of 1011•.20
feet, a radial line of said curve through said point bears North
110 32' 30" East; thence Northwesterly along the arc of said curve
through a central angle of 140 26' 01" a distance of 254.74 feet
to the beginning of a compound curve having a radius of 3090.00.
feet; thence continuing Northwesterly along said curve through a
central angle of 36° 31 ' 32" a distance of 1969.85 feet to the
beginning of a compound curve having a radius of 1390.00 feet;
thence continuing Northwesterly along said curve through a central ,
angle of 170 14' 13" a distance of 418.70 feet to the intersection
with the East line of Waterman Avenue; thence South 00 20' 42" West
along the East line of Waterman Avenue a distance of 1813. 10 feet
to the point of beginning.
10/29/2014 21 File No.: 15.06-176
2014-379
EXHIBIT "B"
-Plat showing Leased Area&Access Easement-
-Plat showing Utility Installation Area-
07/28/2009 22 File No.: 15.06-164
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2014-379
EXHIBIT "C"
Landscaping Description
CONDITIONS OF APPROVAL
Administrative Permit No 13-01
17. A landscape planter, at least four feet in width,with concrete curb shall be installed around
the perimeter of the block wall. Groundcover may be wood chips. All curbing shall be
concrete, and at least six inches high and six inches wide.
08/12/2013 29 File No.: 15.06-176
2014-379
EXHIBIT "D"
-Memorandum of Lease-
Recorded in Official Records,County of San Bernardino 121042014
111 DENNIS DRAEGER NP 2 PM
RECORDING REQUESTED BY
CITY OF SAN BERNARDINO MNCOU R ASSESSOR - RECORDER - CLERK SAN
AND WHEN RECORDED MAIL DOCUMENT TO: P Counter
CITY OF SAN BERNARDINO DOC#: 2014-0465083 Titles: 1 Pages: 3
CITY CLERK Fees e_ee
300 NORTH"D" STREET T . 0.00
SAN BERNARDINO,CA 92418 Other 0.00
PAID $0.00
APN:0154-371-05
FEE EXEMPT PURSUANT TO
GOV.CODE SECTION 27383 MEMORANDUM OF LEASE
This Memorandum of Lease is entered into this 3X-d_day of Novemh -r ,2014,by and between the
CITY OF SAN BERNARDINO, a municipal corporation,having a mailing address of 300 North"D" Street,San
Bernardino, CA 92418 (hereinafter referred to as "Lessor') and LOS ANGELES SMSA LIMITED
PARTNERSHIP, a California limited partnership dba Verizon Wireless having a mailing address of 180
Washington Valley Road,Bedminster,New Jersey 07921,Attention:Network Real Estate(hereinafter referred to
as "Lessee'!.
1. Lessor and Lessee entered into a certain Lease Agreement (`Lease') on the _. day of
VeN- kV-W l- , 2014, for the purpose of installing, operating and maintaining a communications facility
and other improvements with respect to a portion of that certain property located on the Northeast corner of
Waterman Avenue and 40`h Street,known as Wildwood Park,legally described on Exhibit"1"attached hereto and
made a part hereof.All of the foregoing is set forth in the Lease.
2. The initial lease term will be five (5)years ("Initial Term") commencing the date both Lessor and Lessee
executed the Lease above("Commencement Date"),with three(3)successive five(5)year options to renew.
3. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as
amending or modifying,any of the terms,conditions or provisions of the Lease,all of which are hereby ratified and
affirmed.In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the
Lease,the provisions of the Lease shall control. The Lease shall be binding upon and inure to the benefit of the
parties and their respective heirs, successors,and assigns,subject to the provisions of the Lease.
IN WITNESS WHEREOF,the parties have executed this Memorandum of Lease as of the day and year
first above written.
LESSOR: LESSEE:
CITY OF SAN BERNARDINO, LOS ANGELES SMSA LIMITED PARTNERSHIP,
a municipal corporation a California limited partnership dba Verizon Wireless
By: AirTouch Cellular,its General Partner
AL E PARKER,City Manager -------
By: °
BRIAN MECUM
Date: i Area Vice President Network
Date: 12r �2U1�-
2014-379
ACKNOWLEDGEMENT OF LESSOR:
STATE OF CALIFORNIAA
COUNTY OF OG//1//�'!��' } S�S�
On /�/h//�/ �y • before me,
Notary Public,personally appeared . /! j r&r/I%�--
who proved to me on the basis of satisfactory evidence to be the person(s�whos name(s�is/subscribed to the within instrument
and acknowledged to me that he/sbdtWexecuted the same in his/hetlthelfauthorized capacity(imj, and that by his/IysrPflWk
signature(s)on the instrument the personal,or the entity on behalf of which the personWacted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
!�,�„r„
:.. _
VALERIE R. MONTOYA
rK Commission# 1985357
a�-s
Notary Public-California
San By
Signature z My GommeExa irres Auo 2,2016~
+ - -
.;� VALERIE R.MONTOYA
SEAL: Commission# 1985357
='a Notary Public-California z
2
San Bernardino County s
My Comm.Expires Aug 2.2016
ACKNOWLEDGEMENT OF LESSEE:
STATE OF CALIFORNIA
COUNTY OF d[nnc1 Q } S.S.
On QC4X4 LI- I � � before me, - �. •
Notary Public,personally appeared lbyiaY' NteG*'--N
who proved to me on the basis of satisfactory evidence to be the person hose namestme subscribed to the within instrument
and acknowledged to me that hefthWdILp executed the same in him authorized capacity(•ios, and that by hisflnrfttretr
signature(s'rlon the instrument the person(e}or the entity on behalf of which the person(@}acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct.
,,'" WITNESS my hand an official seal.
Sig ature
SEAL: ie
RUTH L.CONO'r4'"ad�
w Commission#2070644
L° L� Notary Public-California
Orange County a
PAy Comm. Expires Jun 7,2018
"E �.r V 111.11§, '9�C
2014-379
EXHIBIT"1"
Legal Description
WILDW00D PARK
That portion of Section 14, Township 1 North, Range 4 West,
San Bernardino Meridian, if said section lines were extended across
the Rancho Muscupiabe as per plat thereof recorded in Book 7 of
Maps, Page 23, Records of the County Recorder of San Bernardino
County, State of California, described as follows:
Beginning at the Intersection of the East line of Waterman
Avenue with the North line of Fortieth Street; thence South .890 33'
03" East along the North line of Fortieth Street a distance -of
1773.85 feet to a point, said point being the beginning of a non-
tangent curve concave Northeasterly having a radius of 1011•.20
feet, a radial line of se'Id curve through said point bears North
II° 32' 30" East; thence Northwesterly along the arc of said curve
through a central angle of 140 26' 01" a distance of 254.74 feet
to the beginning of a compound curve having a radius of 3090.00.
feet; thence continuing Northwesterly along said curve through a
central angle of 36° 31 ' 32,. a distance of 1969.85 feet to the
beginning of a compound curve having a radius of 1390.00 feet;
thence continuing Northwesterly along said curve through a central •
angle of 170 14' 13" a distance of 418.70 feet to the Intersection -
with the East line of Waterman Avenue,-. thence South 00 20' 42" West
along the East line of Waterman Avenue a distance of 1813. 10 feet
to the point of beginning.
2014-379
1
2 ATTACHMENT 662`9
3
4 -SCE Easement-
5
6
7
8
9
10
11
[See attached]
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2014-379
PAORDING REQU STED BY Recorded in Official Records, County of San Bernardino 12/1112014
'I'IJ�=' ���� `r �,=iz DENNfS DRAEGER 11:37 AM
SOUTHERN CALIFORN cc EM
EDISON ASSESSOR — RECORDER — CLERK SAN
==J An Enis�:�rnTER,vATIONAL Co,npan> P Counter
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY DOC#: 2014-0473138 Titles: 1 Pages: 4
I I I I Fees 24.00
Real Properties nd I I Taxes 0.00
2131 Walnut Grove Avenue,2 Floor I Other 0.00
Rosemead,CA 91770 I I I PAID $24.00
Attn: Distriibutiiyon/LT7R.E�IS tY t fL J t
�� L)j.l-� JI�Iti J(I�I �tw C:fi t�� 14Fa 1� Fi�
SPACE ABOVE THIS LINE FOR RECORDER'S USE
X—
GRANT OF DOCUMENTAR/Y TRANSFER TAX S NONE(VALUE Redlands TD684791 N/A
EASEMENT N CO FI' ERATI .1 TI A SOD. D z -242 DATE
SC 6pany APPROVED:
G.OF DECLA NT OR AO v'DETERMINING TAX FIRM NAME APN:0154-371-05 Real Properties SI,S/GB 09/13/2014
i
CITY OF SAN BERNARDINO, a municipal corporation (hereinafter referred to as "Grantor"), hereby grants to
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as
"Grantee"), an easement and right of way to construct, use,maintain,operate, alter, add to,repair, replace,reconstruct, inspect
and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter
referred to as"systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-
ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing
electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real
property in the County of San Bernardino,State of California,described as follows:
A 6.00 FOOT WIDE STRIP OF LAND LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 14,
TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, THE CENTERLINE OF SAID
STRIP IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF WATERMAN AVENUE WITH THE
CENTERLINE OF 40TII STREET; THENCE ALONG THE CENTERLINE OF 40TH STREET, NORTH 89°51'00'
EAST 660.50 FEET; THENCE PARALLEL WITH THE CENTERLINE OF WATERMAN AVENUE, NORTH
00°20'30" WEST 305.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°51'00" WEST
8.00 FEET.
FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBIT "A" ATTACHED HERETO AND
MAD A PART HEREOF.
It is understood and agreed that the above description is approximate only, it being the intention of the Grantor(s) to
grant an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of
said systems as constructed in,on,over,under,across,and along the Grantor(s)property.
This legal description was prepared pursuant to Sec.8730(c)of the Business&Professions Code.
Grantor agrees for himself,his heirs and assigns,not to erect,place or maintain,nor to permit the erection,placement or
maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real
property. The Grantee,and its contractors,agents and employees,shall have the right to trim or cut tree roots as may endanger
or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of
exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the
Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation,
and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to
such excavation as is practicable.
2014-379
EXECUTED this .1 day of / r,`�Y'%{ `'.?' 20_j
GRANTOR
CITY OF SAN BERNARDINO,a municipal
corporation
Signature
R. Carey Davis
Print Name
f hi9 PLUNAM �APtQ7 y=S
Mayor _
Title
State of California / )
County of_J``gn
On /��7 before me, �'�i/�/G '`1" ' `7�'' a-� notary public,
(here insert e)
personally appeared ArIlI�' /
who proved to me on the basis of satisfactory evidenralto be the person(e)-whose name(a) is/ape-subscribed to the within
instrument and acknowledged to me that he/stc/theyexecuted the same in his/her/thcTauthorized capacity(j.es,and that by
his/lx1-rthef signature(eon the instrument the person(s�-or the entity upon behalf of which the person(eacted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct
WITNESS my hand and official seal
Signature
(This area for notary stamp)
VALERIE R.MONTOYA
commission# 1985357
K=`
Catiiornia Notary Public z
y
z� y San Bernardino County
My Comm. Expires Aug 2.2016
2 DSE801052168
TD68479 I
2014-379
GRANTEE
SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
1
Dino J.LaBanca,
Real Properties Department
Date �
State of California )
c� )
County of ,(��i All ) M1
r� Y� r -'notary public,
On '-),( before me, �- - ._
(here in ert name)
personally appeared _1X
who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/shelthey executed the same in his4her/their authorized capacity(ies),and that by
his/her/their signature(s)-on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct
y � C.S.VASflUEZ
WITNESS my han n offs al seal. f Commission N 1963925
Notary Public-C8100rnta
Los Angeles County
Signature Ml Comm.Expires Dec 16,2015
(This area for notary stamp)
1
3 DSE801052168
TD684791
2014-379
EXHIBIT "A"
UVOLr-i.5 LI U�J
SCALE1 1"=100'
POR. SW 1/4 OF SEC. 14,
i T 1 N, R 4 W, S.B.M.
SAN BERNARDINO COUNTY
� W
S89'51'00"W T.P.O.B.
8.00,
SCE EASEMENT
i 6' WIDE
52.5' I Z
0
OIN
(J I O
O W
O IO
P.O.C. b 660.50'
14 iA N89'51'00°E
15 - _ _ - - - —4 - - - - . _
22 23 40TH STREET
LAJ
i
Y � I
Q
SCE EASEMENT
DSE801052168 I TD 84791
SLS/BT 09/13/14