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CITY OF SAN SERI IRDINO - REQUEST ")R COUNCIL ACTION
From: ROGER G. HARDGRAVE, Director Subject: Resolution Authorizing the execution of a
lease agreement Comeast Cahlevision -
Dept: Public Works/Engineering 10 year lease - North of Northwest corner
Highland Ave./Orange St. CATV antenna/re-
Date: June 15, 1993 transmission station - 600 square feet.
Synopsis of Previous Council action:
NONE
Recommended motion:
Adopt Resolution
7,
cc: Shauna Clark, City Administrator Si u
Barbara Pachon, Director of Finance
James F. Permian, City Attorney
Contact person: Anne DeBo l t Phone: 5328
Supporting data attached: Staff Report, Resolution, Lease Ward: 4
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
75-0262 Annnrl� I+o.,, AI.. 19
CITY OF SAN BERIORDINO - REQUEST "R COUNCIL ACTION
STAFF REPORT
The area proposed for this lease has been leased by Comcast Cable-vision for the past
12 years. The area is approximately 600 square feet., and lies approximately 200 feet
North of the Northwest corner of A].}lland Avenue and Orange Street. Currently there
is a CATV tower and re-transmission station on the site.
The term of the proposed Lease is 10 years commencing July 1 , 1993 and terminating on
June 30, 2003. Lease payments shall be $1,810 per ,year, payable in advance, commenc-
ing July 1, 1993. There is an "Option to Renew" clause included in the Lease, with
the new rental rate to be negotiated by the Lessor and Lessee, but at a rate no less
than the current rent plus 25% (at least 52,250) per year.
The Lease has been executed by Michael Schenker, Comcast's General Manager, and Judy
Urennen, Comcast's Business Manager.
Staff recommends adoption of the Resolution.
06/15/93 2
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF LEASE WITH COMCAST CABLEVISION, INC. , RELATING TO CERTAIN REAL PROPERTY
3 SITUATED AT THE NORTHWEST CORNER OF HIGHLAND AVENUE AND ORANGE STREET, IN
SAN BERNARDINO.
4
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
6
I 7 SECTION 1. The Mayor and Common Council of the City of San Bern-
8 ardino are hereby authorized and directed to execute on behalf of said City,
9 a Lease with Comcast Cablevision, Inc. , relating to certain real property
10 located at the Northwest corner of Highland Avenue and Orange Street, a copy
11 of which is attached hereto, marked Exhibit "A" and incorporated herein by
12 reference as fully as though set forth at length.
13 SECTION 2. The authorization to execute the above-referenced
I
14 agreement is rescinded if the parties to the agreement fail to execute it
15 within sixty (60) days of the passage of this resolution.
16
17
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15.06-113
06/09/93
LEASE: COMCAST CABLEVISION, INC. NORTHWEST CORNER OF HIGHLAND AND ORANGE
1 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at a
3 — —_ — _ meeting thereof, held on the -------day of
4 1993, by the following vote, to wit:
5
6 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
7 NEGRETE
8 CURLIN
9 HERNANDEZ
10 OBERHELMAN
11 OFFICE VACANT
12 POPE-LUDLAM
13 MILLER
14
15
Rachel Clark, City Clerk
16
17
18 The foregoing resolution is hereby approved this --------day of
19 _— _ __—, 1993.
20
21 ------- --
Tom Minor, Mayor
22 City of San Bernardino
23
24 Approved as to form
and legal content
25
26 James F. Penman
City Attorney
27
28 by: G'Lr.��
15.06-113
06/09/93 ;
AIGINAL
1 L E A S E
2 (CATV Antenna and Re-transmission Station)
3 THIS AGREEMENT (Lease) , made and entered into this day of
4 ____ _ 1993, by and between the CITY OF SAN BERNARDINO,
5 a municipal corporation, hereinafter referred to as "Lessor" , and COMCAST
6 CABLEVISION, INC. , a California corporation, hereinafter referred to as
7 "Lessee".
8 R E C I T A L S
9 This Lease is made and entered into with respect to the following
I10 facts:
11 (a) Lessor is the owner of the property herein described.
12 (b) Lessee has requested a new lease for their existing CATV
13 antenna and re-transmission station located approximately 236 feet North of
14 Highland Avenue on the West side of Orange Street (Northwest corner of
15 Highland Avenue and Orange Street) , and Lessor is willing to lease the
16 property to Lessee upon the terms and conditions hereinafter set forth.
17 NOW THEREFORE, the parties hereto agree as follows:
18 1. Property Leased.
19 Lessor hereby leases to Lessee, and the Lessee hereby leases from
20 Lessor, an irregular plot approximately 20 feet by 28 feet lying approx-
21 imately 236 feet North of the Northwest corner of Highland Avenue and Orange
22 Street, described as follows:
23 That portion of the South one-half of Section 29,
Township 1 North, Range 3 West, San Bernardino
24 Meridian and being a portion of the property con-
veyed to the City of San Bernardino by document
25 recorded July 25, 1968 in Book 7065, Page 991,
Official Records of the County Recorder of San
26 Bernardino County, State of California, more par-
ticularly described as follows:
27
Commencing at the intersection of the centerlines
28 of Highland Avenue and Orange Street; thence North
15.06-113
n�ino ion ,
LEASE OF CITY PROPERTY - COMCAST CABLEVISION INC. , NWC HIGHLAND AND ORANGE
1 000 20' 55" West, along the centerline of said
Orange Street, a distance of 235.93 feet; thence
2 North 890 39' 05" West, a distance of 37.67 feet to
the True Point of Beginning; thence South 890 43'
3 06" West, a distance of 15.45 feet; thence North
270 35' 15" West, a distance of 10.00 feet; thence
4 North 00 04' 22" East, a distance of 18.92 feet;
thence North 890 48' 35" East, a distance of 20.16
5 feet; thence South 00 12' 45" West, a distance of
6 27.78 feet, to the True Point of Beginning.
7 Said property is outlined in red in the attached Exhibits "1" and "2" .
8 2. Term.
9 The term of this Lease shall be for a period of ten (10) years
10 commencing July 1, 1993 and terminating on June 30, 2003, unless terminated
11 at an earlier date as provided in Paragraph 15 or Paragraph 17 below.
12 3. Lease Payments.
13 Lessee shall pay One Thousand Eight Hundred Dollars, ($1,800.00)
14 per year as rental for the premises, payable in advance by July 1st of each
15 year, commencing July 1, 1993. Payments shall be directed to:
16 City of San Bernardino
Finance Department
17 300 North "D" Street
18 San Bernardino, CA 92418
19 4. Use Restrictions.
20 Lessee's permitted uses of the leased property during the term of
21 this Lease shall be limited to:
22 (a) maintenance of a triangular tower, approximately thirty-five
23 feet (35' ) tall with a 2.4 meter diameter dish mounted on its top for a CATV
24 antenna and re-transmission station.
25 (b) maintenance of a six foot by eight foot (6' x 81 ) cement
26 block building.
27 (c) maintenance of a six foot (61 ) chain link fence and appur-
28 tenant landscaping around its perimeter.
15.06-113
LEASE OF CITY PROPERTY - COMCAST CABLEVISION INC. , NWC HIGHLAND AND ORANGE
1 5. Improvements.
2 Lessee shall not make, or suffer to be made, any alterations to
3 the demised premises, or any part thereof, other than as set forth in
4 Paragraph 5 herein, without the prior written consent of Lessor. Any and
5 all alterations and/or improvements made to the demised premises pursuant to
6 this section shall , upon termination of this Lease agreement, be removed
7 from the premises, and the land returned to its previous state.
8 6. Maintenance and Inspections.
9 Lessee shall , at Lessee's own cost and expense, keep and maintain
10 all improvements hereinafter constructed on the property in good condition
11 and repair, and shall use all reasonable precaution to prevent waste, damage
12 or injury to the property. Lessor shall , at any reasonable time, have the
13 right to go upon the property and inspect and examine the same relative to
14 such maintenance and upkeep.
15 7. Utilities.
16 Lessee shall pay for all electricity, gas, water, telephone
17 service, and all other services and utilities, including service installa-
18 tion fees and charges for such utilities during the term of this Lease. All
19 utility connections for the facility shall be placed underground.
20 8. Liens and/or Encumbrances.
21 Lessee shall pay or cause to be paid, all costs of construction
22 and/or installation of all improvements. Lessee shall keep the property
23 free and clear of any and all claims arising out of performance of work,
24 furnishing of materials, and use of utilities.
25 9. Permits and Fees.
26 Lessee shall obtain all necessary permits and pay all license
27 fees, assessments, taxes, penalties or fines which may be levied against the
28 property by virtue of the installation of Lessee's leasehold improvements,
15.06-113
06/09/93
LEASE OF CITY PROPERTY - COMCAST CABLEVISION INC. , NWC HIGHLAND AND ORANGE
j equipment, furniture, fixtures or other personal property.
2 10. Liability Insurance.
3 Lessee agrees to procure and maintain in force during the term of
4 this Lease and any extension, at its own expense, public liability insurance
5 in companies and through brokers approved by Lessor, adequate to protect
6 against liability for damage claims arising in or around the Leased premises
7 in a minimum amount of at least one million dollars ($1,000,000) combined
8 single limit. Lessee shall provide to Lessor a certificate of insurance and
9 an additional insured endorsement which provides:
10 (a) The City of San Bernardino as an additional insured.
11 (b) The insurance company name, policy number, period of cover-
12 age, and the amount of insurance.
13 (c) That the Real Property Section of the City of San Bernardino
14 must be given notice in writing at least thirty (30) days prior to
15 cancellation, material change, or refusal to renew the policy.
16 (d) That Lessee's insurance will be primary to any coverage the
17 City of San Bernardino may have in effect.
18 11. Hold Harmless.
19 Lessee shall hold Lessor, its elective and appointive boards,
20 commissions, officers, agents, and employees harmless from any liability for
21 damage or claims for damage for personal injury, including death, as well as
22 from claims for property damage which may arise from Lessee's operations
23 under this Lease, whether such operations be by Lessee or by any one or more
24 persons directly or indirectly employed by or acting as agent for Lessee.
25 Lessee agrees to and shall defend Lessor and its elective and appointive
26 boards, commissions, officers, agents, and employees from any suits or
27 actions at law or in equity for damages caused, or alleged to have been
28 caused, by reason of any of Lessee's operations under this Lease.
15/06-113
()F,/()Q/Q1 1.
LEASE OF CITY PROPERTY - COMCAST CABLEVISION INC. , NWC HIGHLAND AND ORANGE
1 12. Taxes/PossessoryInterest.
2 Lessee recognizes and understands that this Lease may create a
3 possessory interest subject to property taxation, and that the Lessee may be
4 subject to the Payment of property taxes levied on such interest. Lessee
5 agrees to, and shall hold harmless, Lessor from any and all liability for
6 any such taxes due by virtue of tenant's leasehold improvements, equipment,
7 furniture, fixtures, or other personal property.
8 13. Compliance with Laws.
9 Lessee shall not violate, nor allow the violation of, arty law of
10 the City, State or Federal governments or rules of the City, in conducting
11 its operations under this Lease.
12 14. No Sublease or Assignment.
13 Lessee shall not sublet the premises, or any part thereof, or
14 assign this Lease, without Lessor's prior written consent.
e15 15. Default.
16 Lessor shall have the right of immediate termination of this
17 Lease and of immediate occupancy of the leased premises in the event Lessee
18 violates any of its terms or conditions, however, Lessee shall have thirty
19 (30) days to correct any such violation (if correctable) prior to the termi-
20 nation of this Lease. Such termination shall not relieve Lessee from
21 liability for damages for breach of lease or for injury to the leased prem-
22 ises.
23 16. Amendment.
24 This Lease may be amended or modified only by written agreement
25 signed by both parties. Failure on the part of either party to enforce any
26 provision of this Lease shall not be construed as a waiver of the right to
27 compel enforcement of such provision or provisions, nor act to release any
28 surety from its obligations under this Lease.
15.06-113
06/09/93
LEASE OF CITY PROPERTY - COMCAST CABLEVISION INC. , NWC HIGHLAND AND ORANGE
1 17. Termination.
2 A one hundred-twenty (120) day- written notice of termination of
3 of this Lease by either party may be given to the other party, and this
4 Lease shall terminate one hundred-iwenty (120) days thereafter.
5 18. Notices.
6 All notices given in connection with this Lease shall be in writ-
7 ing and delivered in person or sent by certified mail , postage prepaid,
8 addressed as follows:
9 LESSOR LESSEE
City of San Bernardino Comcast Cablevision, Inc.
10 Real Property Section 2090 North "D" Street
300 North "D" Street San Bernardino, CA 92405
11 San Bernardino, CA 92418
12 19. Option to Renew
13 If Lessee has fully performed all of the terms, conditions, and
14 covenants of this Lease for the lease term hereof, then Lessee shall have
15 the option to renew this Lease for an additional ten (10) year period after-
16 the expiration of the term of this Lease. Said renewal shall be at a total
17 rent to be negotiated by the Lessor and Lessee, but at a rate no less than
I
18 the current rent plus twenty-five percent (25%) or Two Thousand Two Hundred
19 Fifty dollars ($2,250.00) . To exercise the option to renew, Lessee must
20 give Lessor written notice of Lessee's intention to do so at least one
21 hundred-twenty (120) days prior to the expiration of this Lease.
22 20. Covenants
23 There are no covenants or warranties other than those expressed
24 in this Lease.
25
26
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15.06-113
nk mo/0 1(
LEASE OF CITY PROPERTY - COMCAST CABLEVISION INC. , NWC HIGHLAND AND ORANGE
1 IN WITNESS WHEREOF, the parties have executed this Lease on the day and
2 year set forth at the beginning of this Lease.
3
4
5 CITY OF SAN BERNARDINO
6
7
Tom Minor, Mayor
8
9
10 ATTEST:
11
12 ------ --- -------
Rachel Clark, City Clerk
13
14
15
16 COMCAST CABLEVISION, INC.
17
18 By:_ AAAt -- - ------
Michael Schenker, General. Manager
19
20 B •-- -- - --
J d Dre en, siness Manager
21
22
23
24 Approved as to form
and legal content
25
26 James F. Penman,
City Attorney
27 ,I
28 BY:--
15.06-113
06/09/93 7
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