HomeMy WebLinkAbout12-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: William Woolard, Interim Director
Subject: Resolution authorizing the execution
of a Communications Site Lease Agreement
with AT&T Wireless, Inc. for a portion of
Delmann Heights Park for MobilelWireless
Communication Services.
File No. 15.06-149
MCC Date: 1-8-2001
Dept: Development Services
Date: December 18, 2000
Synopsis of Previous Council Action:
None.
Recommended Motion:
I) Adopt Resolution.
2) That the Director of Finance be authorized to amend the FY 2000-2001 Budget and
increase revenue account 001-000-4520 (Land & Building Rental) by $5,400 to reflect the
revenue to be received from the Communications Site Lease with AT&T Wireless, Inc.
ldtA_k~J
William Woolard
Contact person:
S rt' d t tt h d Staff ReportJMaps, Resol Lease
uppo mg a a a ac e :
EILEEN GOMEZ
Phone:
5328
Ward:
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FUNDING REQUIREMENTS: Amount: $5,400 revenue in FY 2000-2001
Source: (Acct. No.) Revenue # 001-000-4520
(Acct Description) Land & Building Rental
Finance: ~k/)x1I2J_
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing the execution of a Communications Site Lease Agreement with AT&T
Wireless, Inc. for a portion of Delmann Heights Park for MobilelWireless Communication
Services.
BACKGROUND:
On May 8, 2000, representatives from AT&T, Parks and Recreation and the Real Property
Section met at Delmann Heights Park to discuss the possibility of constructing a mobile/wireless
communications facility to be located in the southwesterly portion of Delmann Heights Park.
AT&T is proposing to utilize a 40.5 foot by 42 foot area of Delmann Heights park west of
Pennsylvania Avenue, as shown on the attached maps.
On October 10, 2000, AT&T obtained approval of a Development Permit I (DPI) 00-116 from
the Planning Division for construction of a ground equipment shelter and monopine (a monopole
camouflaged as a pine tree) telecommunications tower. The development permit was issued in
compliance with a recent amendment to the Development Code pertaining to cellular antennas.
The proposed area will be enclosed by a wrought iron fence, which will safeguard their facilities
from vandalism and graffiti. AT&T is proposing to pay the annual sum of $10,800 ($900 per
month). This proposed amount is consistent with the current rates for the leasing of space for
wireless communications facilities in surrounding areas.
FINANCIAL IMPACT:
An annual amount of $10,800 to be contributed to the General Fund in monthly increments of
$900. The anticipated commencement date of this contract is in January, 2001, which will result
in six (6) months of revenue at $900.00 per month, for a total of $5,400 in additional revenue in
FY 2000-2001. This additional revenue was not factored into the budget; therefore a budget
amendment increasing revenue account 001-000-4520 (Land & Building Rental) is required.
RECOMMENDATION:
Staff recommends that said resolution authorizing the execution of a Communications Site Lease
Agreement with AT&T Wireless, Inc. for a portion of Delmann Heights Park for
MobilelWireless Communication Services be adopted, and that the Director of Finance be
authorized to amend the FY 2000-2001 Budget and increase revenue account 001-000-4520
(Land & Building Rental) by $5,400 to reflect the revenue to be received from the
Communications Site Lease with AT&T Wireless, Inc.
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed lease of a portion of City
property located at Delman Heights
Recreation Center to American Tower
Management for A. T. & T. communication
facilities
~ indicates un-incorporated areas
~ within Cit 's S here of Influence
File No.: 15.06-149
Created by: L, FORtss.
Date: '1/~/zatO
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RESOLUTION NO.
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3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH AT&T WIRELESS, INC. RELATING TO CERTAIN
4 CITY-OWNED REAL PROPERTY SITUATED AT THE SOUTHWESTERLY
PORTION OF DELMANN HEIGHTS PARK, WEST OF PENNSYLVANIA AVENUE.
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the Mayor and Common Council of the City of San Bernardino is
9 hereby authorized and directed to execute, on behalf of said City, a Lease relating to that certain
10 City-owned real property located at the Southwesterly portion of Delmann Heights Park, west of
11 Pennsylvania Avenue, a copy of which is attached hereto, marked Exhibit "A" and incorporated
12 herein by reference as fully as though set forth at length.
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SECTION 2. The authorization to execute the above-referenced agreement is rescinded
if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
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resolution.
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1/6/01
12/12/00
RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE WITH AT&T WIRELESS, INC. FOR
PROPERTY LOCATED AT THE SOUTHWESTERLY PORTION OF DELMANN HEIGHTS PARK.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
3 Common Council of the City of San Bernardino at a
meeting thereof
4 held on the
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15 MCC~CK
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18 The foregoing resolution is hereby approved this
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, by the following vote, to
wit:
Council Members: AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
City Clerk
day of
,20_"
pproved as to form
d legal content:
JUDITH VALLES, Mayor
City of San Bernardino
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2/12/00
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3 THIS COMMUNICATION SITE LEASE AGREEMENT (Lease), is made and entered
4 into this day of . 20 . by and
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f0I (ni rr=)) '0 f;7
\S7\S;lJU
LEASE
COMMUNICATIONS SITE LEASE AGREEMENT
between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as
6 "Lessor", and AT&T Wireless, Inc., a Delaware corporation, hereinafter referred to as "Lessee".
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RECITALS
This Lease is made and entered into with respect to the folIowing facts:
(a) Lessor is the owner of the Premises herein described.
(b) Lessee has requested pennission to construct a mobile/wireless communications
facility to be located in the Southwesterly portion of Delmann Heights Park, and Lessor is
wilIing to lease the Premises to Lessee upon the terms and conditions hereinafter set forth.
(c) Lessee believes that the facility wilI not interfere with the Department of Parks
and Recreation's operations or the public's use of the park.
(d) This Lease is conditioned upon Lessee, or Lessee's assigns, obtaining all
governmental pennits and approvals enabling Lessee, or its assigns to construct and operate
mobile/wireless communications facilities on the Premises.
NOW THEREFORE, the parties hereto agree as folIows:
1. Prooerty Leased:
Lessor hereby leases to Lessee, and the Lessee hereby leases from Lessor, a 40' x
0' (forty foot by forty foot) area of Delmann Heights park, 40 feet West of Pennsylvania
venue adjacent to the Westerly boundary line, and adjacent to the Southerly boundary line, as
EXHIBIT "A"
LEASE - AT&T Wireless, Inc.
15.06-149
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escribed as folIows:
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All that portion of the West one half of Section 29, Township I North,
Range 4 West, San Bernardino Meridian in the City of San Bernardino,
County of San Bernardino, State of California, according to the official
plat thereof, lying within Lot. 38 of Muscupiabe Rancho, as per map
recorded in Book I, page 7 of Maps and in Book 7, page 23, in the office
of the County Recorder of said County, described as follows:
Beginning at the Northwest comer of Lot 32 of Tract No. 4000, Delmann
Heights Unit No.2, as per plat thereof recorded in Book 52 of Maps, page
84, in the office of the County Recorder of said County, along the
Northerly line of said Lot 32, a distance of 42.00 feet; thence leaving said
Northerly line North 000 23' 08" West, a distance of 40.50 feet; thence
South 890 36' 52" West, a distance of 42.00 feet to the Easterly line of Lot
18 of said Tract No. 4000; thence along said Easterly line, South 000 23'
08" East, a distance of 40.50 feet to the Point of Beginning.
Said Premises includes any appurtenant facilities and applicable easements for access and
utilities.
2. Term:
The term of this Lease shall be five (5) years, commencing with the issuance of a
local building permit allowing Lessee to construct its mobile/wireless communications facilities
on the Premises, or the date both Lessor and Lessee have executed said Lease ("Commencement
Date"), whichever is earlier. Lessee shall have the right to extend the term of the Lease for five
19 (5) additional terms of five (5) years each. Each renewal term shall be on the terms and
20 conditions set forth herein. This Lease shall automatically be extended for each successive five
21 (5) year renewal term upon Lessor's receipt of Lessee's written notification of intention to renew
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o later than ninety (90) days prior to the expiration of the first five (5) year term or any renewal
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erm. In the event the Lessee decides not to extend this Lease, then Lessee shall notify the
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essor in writing of Lessee's intention not to extend this Lease at least ninety (90) days prior to
e expiration of the first five (5) year term or any renewal term.
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LEASE - AT&T Wireless, Inc.
15.06-149
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3 Lease Pavments:
(a) Lessee shall pay Lessor the sum of three hundred dollars ($300.00) for a
document preparation fee upon the Commencement Date of said Lease. In the event the Lease
is terminated as a result of testing as set forth in Paragraph 5(a), Lessor shall retain the
document preparation fee of $300.00 for work performed.
(b) Upon the Commencement Date, Lessee shall pay Lessor as rent, the
annual sum of $10,800.00, payable in monthly installments. The monthly installments shall
be in the amount of $900.00 each, due and payable on or before the first day of each month,
commencing thirty (30) days after the effective date of the Lease, and on the same date of each
12 month thereafter. Payments shall be directed to:
City of San Bernardino
Development Services Department/Real Property Section
300 North "D" Street
San Bernardino, CA 92418
(c) Rent shall be increased at the beginning of each renewal term by the
amount equal to fifteen percent (15%) of the rent for the previous term or renewal term.
4. Use Restrictions:
The Premises may be used by Lessee for any lawful activity in connection with
the provisions of mobile/wireless communications services, including without limitation, the
transmission and the reception of radio communication signals on various frequencies, and the
construction, maintenance and operation of related communications facilities. Lessor agrees to
ooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses,
ermits, and any and all other necessary approvals that may be required for Lessee's intended
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LEASE - AT&T Wireless, Inc.
15.06-149
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4 Commencement Date, to enter the Premises for the purpose of making necessary engineering
5 surveys and inspections (and soil tests where applicable) and other reasonably necessary tests
6 ("Tests") and for the purpose of determining the suitability of the Lessee Facilities (as defined
7 herein) for mobile/wireless communications operations. During any Tests, Lessee shall have
8 insurance as set forth in Paragraph 10, and will notify Lessor of any proposed tests, and will
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11 unsuitable for Lessee's contemplated use, then Lessee will notify Lessor and this Lease shall
12 terminate. Lessee shall restore the Premises to the condition it was in prior to conducting the
13 Tests.
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receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and
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receiving antennas and supporting structures and improvements ("Lessee Facilities"). In
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19 connection therewith, Lessee has the right to do all work necessary to prepare, add, maintain and
20 alter the Premises for Lessee's business operations and to install utility lines and transmission
21 lines connecting antennas to transmitters and receivers. All of Lessee's construction and
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5.
Imorovements:
(a)
Lessee shall have the right (but not the obligation) at any time prior to the
coordinate the scheduling of same with Lessor. If Lessee determines that the Premises are
(b) Lessee shall have the right to erect, maintain and operate on the Premises,
radio communications facilities, including but not limited to radio frequency transmitting and
.nstallation work shall be performed at Lessee's sole cost and expense and in a good
orkmanIike manner. Lessee shall hold title to the Lessee Facilities and any equipment placed
n the Premises by Lessee. All of Lessee Facilities shall remain the property of Lessee and are
ot fixtures. Lessee has the right to remove all Lessee Facilities at its sole expense on or before
he expiration or earlier termination of this Lease. Lessee shall not make any material alterations
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LEASE - AT&T Wireless, Inc.
15.06-149
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3 prior written consent of Lessor. Any and all alterations and/or improvements made to the
4 Premises pursuant to this section, including but not limited to Lessee Facilities, shall, upon
5 termination of this Lease, be removed from the Premises, and the land returned to its previous
6 state, excepting normal west and tear, casualty, or damage caused by Lessor or Lessor's agents,
to the Premises, or any part thereof, other than as set forth in Paragraph 5 herein, without the
7 employees, or contractor's negligence, omissions or willful misconduct.
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11 charge to Lessee. Lessor represents and warrants that it has full rights of ingress to and egress
12 from said Premises, and shall allow Lessee access from the nearest public roadway to the
13 Premises at all times, and hereby grants such ingress and egress rights to Lessee along a 20'
14 (twenty foot) strip starting from Pennsylvania Avenue, along the southerly border of property to
15 the lease area, to the extent required to maintain, install and operate the Lessee Facilities on the
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Premises. Lessee shall repair any damages Lessee, its agents, employees, officers, or contractors
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cause to said above ingress and egress area.
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(c)
Lessor shall provide to Lessee, Lessee's employees, agents and
subcontractors, access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no
6.
Maintenance and Insoections:
Lessee shall, at Lessee's own cost and expense, keep and maintain all
e conducted in the accompaniment of an AT&T employee or authorized representative.
1/03/01
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LEASE - AT&T Wireless, Inc.
15.06-149
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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.
Lessee shall pay for all electricity, gas, water, telephone service, and all other
services and utilities, 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 payor cause to be paid, all costs of construction and/or installation of
all improvements. Lessee shall keep the Premises free and clear of any and all claims arising out
of performance of work on Lessee's behalf, furnishing of materials on Lessee's behalf, and upon
use of utilities by Lessee. This Lease shall be subordinate to any lien, mortgage or deed of trust
currently on record against said Property.
9. Permits and Fees:
Lessee shall pay all license fees, assessments, taxes, penalties or fines which may
be levied against Lessee by virtue of the installation of Lessee's leasehold improvements.
10. Liability Insurance:
Lessee agrees to procure and maintain in force during the term of this Lease and
y extension, at its own expense, the following insurance in companies approved by Lessor,
dequate to protect against liability for damage claims arising in or around the Leased premises;
I) Commercial General Liability with limits of five million dollars ($5,000,000.00) per
cCUttence, (2) Automobile Liability with a combined single limit of one million dollars
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LEASE - AT&T Wireless, Inc.
15.06-149
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3 Employers' Liability with limits of one million dollars ($1,000,000.00) per occurrence. Lessee
4 shall provide to Lessor a certificate of insurance and an additional insured endorsement which
5 provides:
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($1,000,000.00) per accident, and (3) Worker's Compensation Insurance as required by law and
(a)
On the Commercial General Liability policy that the City of San
7 Bernardino is named as an additional insured for the acts or omissions of Lessee.
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12 given notice in writing at least thirty (30) days prior to cancellation, material change, or refusal
13 to renew the policy.
14 (d) That Lessee's insurance will be primary to any coverage the City of San
15 Bernardino may have in effect.
(b)
The certificates will include the insurance company name, policy number,
period of coverage, and the amount of insurance.
(c)
That the Real Property Section of the City of San Bernardino must be
II. Indemnification:
Except to the extent of the negligence or willful misconduct of Lessor or its
agents, boards, officers, employees, representatives or contractors, Lessee shall defend,
indemnify, and hold harmless Lessor, its agents, boards, officers, employees, representatives, or
contractors against any and all claims, suits, damages for personal injury, including death,
roperty damage, demands, loss or liability of any kind or nature arising from Lessor's approval
fthis Lease or from Lessee's operations under this Lease.
12. TaxesIPossessorv Interest:
(a) Lessee recognizes and understands that this Lease may create a possessory
. nterest subject to property taxation, and that the Lessee may be subject to the payment of
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15.06-149
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property taxes levied on such interest. Lessee agrees to, and shall hold hannless, Lessor from
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any and all liability for any such taxes due by virtue of Lessee's Facilities.
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4 (b) Lessor warrants that it has full right, power and authority to execute this
5 Lease. Lessor further warrants that Lessee shall have quiet enjoyment of the Premises during the
6 term of this Lease or any renewal thereof.
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governments in conducting its operations under this Lease.
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13.
Compliance with Laws:
Lessee shall not violate any applicable law of the City, State or Federal
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No Sublease or Assignment:
Lessee shall not sublet the premises, or any part thereof, or assign this Lease,
13 without Lessor's prior written consent, which consent shall not be unreasonably withheld.
14 Notwithstanding the foregoing, Lessee may assign or sublet this Lease to any subsidiaries,
15 corporate affiliate or successor legal entities of Lessee, or any purchaser of all, or substantially
16 all, of Lessee's stock or assets; provided, however, within thirty (30) days of such assignment or
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sublet, Lessee shall provide written notification to Lessor stating the name, address, contact
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19 person and any other pertinent information regarding said corporate affiliate or purchaser.
15. Default:
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27 'njury to the Premises.
Either party shall have the right to terminate this Lease, and upon the effective
e event the other party violates any of this Lease's terms or conditions, and such violation is
ot corrected within thirty (30) days after written notice is sent by the non-breaching party. Such
ermination shall not relieve either party from liability for damages for breach of this Lease or for
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15.06-149
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4 treatment or disposal of hazardous substances, hazardous materials or hazardous wastes. In
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Environmental:
Lessor represents that the Premises have not been used for the generation, storage,
5 addition, Lessor represents that no hazardous materials, hazardous substances, hazardous wastes,
6 pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude
7 oil or any fraction or derivative thereof) or underground storage tanks are located on or near the
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Premises.
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representations stated herein as material inducement for entering into this Lease.
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12 contained in its back-up power batteries (lead-acid batteries) and common materials used in
Notwithstanding any other provision of this Lease, Lessee relies upon the
Lessee shall not bring any hazardous materials onto the Premises except for those
13 telecommunications operations, e.g., cleaning solvents. Lessee shall treat all hazardous materials
14 brought onto Premises by it in accordance with all federal, state and local laws and regulations.
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by both parties. Failure on the part of either party to enforce any provision of this Lease shall not
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19 be construed as a waiver of the right to compel enforcement of such provision or provisions.
20 (b) If any provision of the Lease agreement is invalid or unenforceable with
17.
Amendment:
(a)
This Lease may be amended or modified only by written agreement signed
21 espect to any party, the remainder of this Lease or the application of such provision to persons
22 ther than those as to whom it is held invalid or unenforceable, shall not be affected and each
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27 otice as follows: (i) by either party upon a default of any covenant, condition or term hereof by
rovision of this Lease shall be valid and enforceable to the fullest extent permitted by law.
18.
Termination:
This Lease may be terminated by Lessee or by Lessor, on thirty (30) days written
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LEASE - AT&T Wireless, Inc.
15.06-149
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Lessor an amount equal to one (I) year or twelve (12) months rent at the amount stated in
Section 3 of this Lease as "monthly installments" which shall be due and payable from the
(b)
(c)
This Lease shall be governed under the laws of the State of California.
The prevailing party in any legal action to enforce any provision of this
ecorded in the form of Exhibit "I".
( e) This Lease constitutes the entire Lease and understanding between the
arties and supersedes all offers, negotiations and other leases concerning the subject matter
1/03/01
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LEASE - AT&T Wireless, Inc.
15.06-149
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herein. Any amendments to this Lease, must be in writing and executed by both parties.
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contained herein. There are no representations or understandings of any kind not set forth
20.
Interference with Communications:
Lessee's Facilities shall not disturb the communications configurations,
6 equipment and frequency which exist on Lessor's property on the Commencement Date ("Pre-
7 existing Communications"), and Lessee's Facilities shall comply with all non-interference rules
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of the Federal Communications Commission ("FCC") and the conditions set forth in
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12 communications operations of Lessee described in Section 4, above. Such interference with
13 Lessee's communications operations shall be deemed a material breach by Lessor, and Lessor
14 shall have the responsibility to promptly terminate said interference. In the event any such
15 interference does not cease promptly, the parties acknowledge that continuing interference will
16
cause irreparable injury to Lessee, and therefore, Lessee shall have the right to bring action to
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enjoin such interference or to terminate this Lease immediately upon written notice to Lessor.
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20 the Commencement Date shall not be deemed interference.
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Development Permit I 00-116, regarding the City's public safety transmissions. Lessor shall not
permit the use of any portion of Lessor's property in a way that interferes with the
otwithstanding the foregoing, pre-existing communications operating in the same manner as on
21.
Title and ~uiet Enjovment:
(a) Lessor warrants that it has full right, power and authority to execute this
ease; Lessor further warrants that Lessee shall have quiet enjoyment of the Premises during the
erm of this Lease or any renewal term.
(b) Lessee shall have the right at any time up to the full execution of this
ease, and prior to the Commencement Date to obtain a preliminary title report or commitment
1/03/01
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LEASE - AT&T Wireless, Inc.
15.06-149
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for a leasehold title policy from a title insurance company of its choice. If, in the opinion of
Lessee, such title report shows any defects of title or any liens or encumbrances which may
adversely affect Lessee's use of the Premises, Lessee shall have the right to terminate this Lease
(prior to the Commencement Date), immediately upon written notice to Lessor.
22. Notices:
All notices given in connection with this Lease shall be in writing and delivered in
person or sent by overnight carrier or certified mail, postage prepaid, addressed as follows:
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1/03/01
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LESSOR
City of San Bernardino
Development Services Department
Real Property Section
300 North "D" Street
San Bernardino, CA 92418
LESSEE
AT&T Wireless Services, Inc.
12900 Park Plaza Drive
Cerritos, CA 90703-8573
Attn: Real Estate Department
With a copy to:
AT&T Wireless Services
P.O. Box 6028
Cerritos, CA 90702-6028
Attn: Daniel E. Smith
Corporate Counsel
With a copy to:
AT&T Digital Broadband
14520 NE 87th Street
Redmond, W A 89052
Attn: Manager, National Site
Development
Covenants:
There are no covenants or warranties other than those expressed in this Lease.
12 LEASE - AT&T Wireless, Inc.
15.06-149
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(0-,{n:-JF1) '0/7
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MEMORANDUM OF LEASE
TillS MEMORANDUM OF LEASE ("Memorandum") is executed as of the
3
day of
, 20
, by and between THE CITY OF SAN
BERNARDINO, a municipal corporation ("Lessor"), and AT&T Wireless, Inc., a Delaware
corporation, hereinafter referred to as "Lessee".
RECITALS
WHEREAS, Lessor and Lessee have executed that certain Communications Site Lease
Agreement ("Lease") dated as of
, 20_ ("Commencement Date"),
covering certain premises ("Premises"), in certain real property located in the City of San
Bernardino, County of San Bernardino, State of California, and more particularly described in
Exhibit "I-A" attached hereto and incorporated herein by this reference; and
WHEREAS, Lessor and Lessee desire to record notice of the Lease in the Official
15
Records of San Bernardino County, California;
NOW, THEREFORE, in consideration of the foregoing, Lessor and Lessee hereby
declare as follows:
1.
Demise:
Lessor has leased the Premises to Lessee and Lessee has hired the
Premises from Lessor, subject to the terms, covenants and conditions contained in the Lease.
2.
Exoiration Date:
The term of the Lease ("Term") is scheduled to
commence on the Commencement Date, and shall expire five (5) years thereafter, subject to
Lessee's option to extend the Term pursuant to Paragraph 2 of the Lease for five (5) additional
erms of five (5) years each.
EXHIBIT "1"
MEMORANDUM OF LEASE: AT&T WIRELESS, INC.
,.;.",>, 1 3. LP,,~~ Controllinl!: This Memorandum is solely for the purpose of giving
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constructive notice of the Lease. In the event of conflict between the terms of the Lease and
3 this Memorandum, the terms of the Lease shall control.
4
IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum of
5
6 Lease as of the date and year first written above.
7
CITY OF SAN BERNARDINO,
8 a Municipal corporation
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11 Judith Valles, Mayor
12 ATTEST:
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15 Rachel Clark, City Clerk
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17 AT&T Wireless, Inc.,
18 a Delaware corporation
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20 By:
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22 pproved to form
23 and legal content:
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24 ames F. Penman,
ity Attorney
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"-,
Legal Description for lease of City owned property located at Delrnann Heights Park in the City
of San Bernardino (APN: 0268-442-23)
All that portion of the West one half of Section 29, Township I North, Range 4 West, San
Bernardino Meridian in the City of San Bernardino, County of San Bernardino, State of
California, according to the official plat thereof, lying within Lot 38 of Muscupiabe Rancho, as
per map recorded in Book I, page 7 of Maps and in Book 7, page 23, in the office of the County
Recorder of said County, described as follows:
Beginning at the Northwest corner of Lot 32 of Tract No. 4000, Delrnann Heights Unit No.2, as
per plat thereof recorded in Book 52 of Maps, page 84, in the office of the County Recorder of
said County, along the Northerly line of said Lot 32, a distance of 42.00 feet; thence leaving said
Northerly line North 000 23' 08" West, a distance of40.50 feet; thence South 890 36' 52" West, a
distance of 42.00 feet to the Easterly line of Lot 18 of said Tract No. 4000; thence along said
Easterly line, South 000 23' 08" East, a distance of 40.50 feet to the Point of Beginning.
EXHIBIT "I-A"
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
January 12, 2001
TO:
Eileen Gomez, Real Property Specialist
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2001-12
At the Mayor and Common Council meeting of January 8, 2001, the City of San Bernardino
adopted Resolution 2001-12 - Resolution authorizing the execution of a lease with AT&T
Wireless, Inc., relating to certain city-owned real property situated at the southwesterly portion
of Delmann Heights Park, west of Pennsylvania Avenue.
Enclosed are five (5) original agreements. Please obtain signatures where indicated on the
agreements and return to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and contract will be null and void if not executed
within 60 days, or by March 9, 2001.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
Signed:
Date: /
ge r eipt of the above mentioned documents.
,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): '-';$'-0\ Item #
Vote: Ayes \-'1 Nays-&
Change to motion to amend original documents: -
IL Resolution # 200 '-I c...
Abstain e Absent B
NulVVoid After:
i 3-9-0\
'PO OA-p
Reso. # On Attachments: ~
Contract term:
Note on Resolution of Attachment stored separately: -=--
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date:
See Attached: ===--
Date Sent to Mayor: , J1- () I
Date of Mayor's Signature: \-\0 -G \
Date of Clerk/CDC Signature: 1- \ I:) - 0 \
Reso. Log Updated: v
Seal Impressed: ,,/
Date ~o/Letter Sent for Signature: \ - '<-<> \
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: / Date Returned: 9.- 15 ""0 I
See Attached:
See Attached:
Request for Council Action & Staff Report Attached: Y es ~
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585, 12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes
No
By
By
No ~ By
No V By
No / By
No
,/
Copies Distributed to:
City Attorney /'
Parks & Rec.
Code Compliance
Dev. Services
./
EDA
Finance ,,/
MIS
Police Public Services
Water
Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: 1\'\1
Date: ;1- IGrO(