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HomeMy WebLinkAbout12- Public Works f File No.: 15.06-143 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Fro?► : ROGER G. HARDGRAVE Subject: Resolution Authorizing Execution of a First Amendment to lease ---PACIFIC BELL Dept: Public Works/Engineering MOBLE SERVICES ---NWC Second St. / Date: October 14, 1997 ' /P Meridian Ave(a portion of Nicholson Park) �l Synopsis of Previous Council Action: 04/01/96 ---Resolution No. 96-83 authorization to execute a lease with Pacific Bell Mobile Services. 6 "x:99/ Recommended Motion: Adopt the Resolution. cc : Fred Wilson, City Administrator Annie Ramos, Dir. Parks& Recreation SiKature Jim Penman, City Attorney Contact Person: Bernard Castro Phone: 5328 Supporting data attached: Staff Report, Resolution, Map Ward: 3 FUNDING REQUIREMENTS: Amount: None Source (Acct. No.) N/A (Acct. Description) N/A —Finance: Council Notes: Res 97- 3 3 11 3 7 1113/97 Agenda Item No. MY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT On April 1, 1996 the Mayor and Common Council executed a Five — (5) year lease commencing no later than December 31, 1996. The lease amount is $500.00 per month, payable in advance. Lessee will have the right to extend the term of the lease for five additional terms of 5 years each. Each five-year extension will have a 15% increase in the lease payment. The area leased is a 360 square foot portion(18 feet by 20 feet) of the west edge of Nicholson Park, approximately 500 feet north of Second Street. Pacific Bell Mobile Services has constructed a mobile/wireless communications tower on the site. The site is enclosed with a 6-foot fence. The original lease does reference access for ingress and egress in general terms to the Pacific Bell Mobile Services site. However, Exhibit "C" in the lease does not provide an efficient physical diagram for access. The First Amendment to the lease will provide a detail description of the access, intended to replace the Exhibit "C" in the original lease. This lease amendment will not entitle Pacific Bell Mobile Services to obtain any more land, but only to clarify the original lease in regards to access. We recommend that the First Amendment to the lease be approved. Jr DRAWING OF LESSOR'S PROPERTY AND LESSEE'S PREMISES 1 1�' ,�.►«I : 1. ,l, ;;1��I„ tl.1►.. �i i ! ,!;d �� la:�plillilml, - .:... =AWl"F,/r,E Of ALL&'r' tN^44 r . r 1 b e ` NO seA o . Zr ° a t .pavt Al a . � S-rl,9T10I S/YSIDE crat o wvx GF a t*"T EXHIBIT "C" 15.06-143 33/11/96rev CM-188-11 1 FIRST AMENDMENT TO THE COMMUNICATIONS SITE LEASE AGREEMENT 2 THIS FIRST AMENDMENT TO THE COMMUNICATIONS SITE LEASE AGREE- MENT("First Amendment") between PACIFIC BELL MOBILE SERVICES, A CALIFORNIA 3 CORPORATION ("Lessee") and THE CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION ("Lessor") is dated as of the day of November 1997. 4 RECITALS 5 A. Lessor and Lessee have entered into that certain Communications Site Lease 6 Agreement dated April 3, 1996 the( "Lease"). 7 B. Lessor and Lessee now wish to amend the Lease pursuant to this First Amendment. 8 NOW THEREFORE, the Lease is hereby amended as follows: 9 1. Exhibit "C" of the Lease is hereby replaced in its entirety with the Exhibit "C" attached hereto. 10 Capitalized terms used in this First Amendment without definition shall have the meaning ascribed 11 to such terms in the Lease. Except as amended by this First Amendment, the provisions of the Lease are hereby ratified and affirmed. 12 IN WITNESS WHEREOF, the parties have executed this First Amendment to the 13 Communications Site Lease Agreement as of the date first above written. 14 LESSOR 15 ATTEST: THE CITY OF SAN BERNARDINO, - 16 a Municipal Corporation 17 By: 18 CITY CLERK Tom Minor, Mayor 19 APPROVED AS TO FORM AND 20 LEGAL CONTENT: 21 JAMES F. PENMAN, City Attorney 22 By: v,•s- *�- 23 LESSEE 24 ATTEST: PACIFIC BELL MOBILE SERVICES, 25 a California Corporation 26 By: 27 Charles Vranek, Executive Director of Network 28 EXHIBIT"A" HE w(Pacific Adm] PACIFIC MBELL® EXHIBIT C Mobile Services PAGE 1 OF 7 PROJECT DATA DATE OF SURVEY: MAY 20, 1996 PROJECT AREA: APPROXIMATELY 360 S.F. LEGAL DESCRIPTION ASSESSOR'S PARCEL NO.: 0412-051-13 & 14 THAT PORTION OF THE EAST ONE-HALF OF LOT 78 OF THE TOWN OF RIALTO AND ADJOINING SUBDIVISION, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 11, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SECOND STREET AND THE WEST LINE OF THE EAST 1/2 OF SAID LOT 78, THENCE NORTH ALONG SAID WEST LINE, A DISTANCE OF 500.00 FEET TO THE POINT OF BEGINNING;THENCE EAST AT RIGHT ANGLES TO SAID WEST LINE, A DISTANCE OF 18.00 FEET;THENCE NORTH AND PARALLEL WITH SAID WEST LINE,A DISTANCE OF 20.00 FEET; THENCE WEST AT RIGHT ANGLES, A DISTANCE OF 18.00 FEET TO THE WEST LINE OF SAID EAST 1/2 OF LOT 78; THENCE SOUTH ALONG SAID WEST LINE,A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING. BENCHMARK CO. SB. BM. 7-1 ELEV. = 1191.103 NGVD 1929 BASIS OF BEARINGS N 89° 54' 00" E ALONG THE CENTERLINE OF FOOTHILL BLVD. AS SHOWN ON A PARCEL MAP NO. 9510 PMB. 117/33. APPLICANT: PACIFIC BELL MOBILE SERVICES 2955 REDHILL AVENUE,SUITE 100 COSTA MESA, CALIFORNIA 92626 (714)825-8017 RECORD OWNER: CITY OF SAN BERNARDINO,A MUNICIPAL CORPORATION 300 NORTH "D" STREET SAN BERNARDINO, CALIFORNIA 92418 (909) 384-5032 ARCHITECT: SBA, INC. 2955 REDHILL AVENUE, SUITE 100 COSTA MESA, CALIFORNIA 92626 (714) 825-8051 ASSOCIATE ARCHITECT: THE BENTLEY COMPANY 611 ANTON BOULEVARD, SUITE 700 COSTA MESA, CALIFORNIA 92626 (714) 434-1800 LAND SURVEYOR: SUN SURVEYING 3829 BIRCH STREET NEWPORT BEACH, CALIFORNIA 92660 (714) 852-8626 PROJECT DESCRIPTION: THIS IS AN UNMANNED UTILITY SUBSTATION FOR (PCS) WIRELESS COMMUNICATIONS CONSISTING OF A BASE TRANSCEIVER STATION (BTS) UNIT MOUNTED ON A CONCRETE PAD AND INSTALLATION OF A MONOPOLE WITH A TOP MOUNTED ANTENNA ARRAY. CM-188-11 NICHOLSON PARK 2750 WEST 2ND STREET SAN BERNARDINO, CALIFORNIA 92410 60 FT. MONOPOLE ANTENNA INSTALLATION DOCUMENT DATE: 5/12/97 INITIALS: EXf-IiBIT "A' [PAU M© o ELL @ ' EXHIBIT C Mobile Services PAGE 2 OF 7 I PROPOSED PBMS FOOTHILL BOULEVARD 66 SITE LOCATION SECOND STREET Z Z W a a a a a V � a � RIALTO AVENUE CM-188-11 NICHOLSON PARK 2750 WEST SECOND STREET SAN BERNARDINO, CALIFORNIA 92410 60 FOOT MONOPOLE ANTENNA INSTALLATION DOCUMENT DATE: 5/12/97 INITIALS: lr[rQCtJ IC© o C LLO EXHIBIT C Mobile Services PAGE 3 OF 7 I COURT STREET I-- — — � — — — — — r - -T- -_ --1— --11--I- -1- - —T—�l EXISTING 1 1 EXISTING 1 1 I RESIDENTL4L- I I FENCE I I I 1 PROPOSED EXISTING PBMS LEASE CURB do AREA 1 GUTTER 18.0'x20.0' o J EXISTING_� zz p PONY LEAGUE �� p FIELD wa k � EXISTING CONCESSION PROPOSED ' EXISTING PBMS L GATE UTILITY R EXISTING OUTING COMMUNITY 5.0' WIDE CENTER PROPOSED a z \ NON > NON-EXCLUSIVE a ACCESS FOR z EXISTING < INGRESS AND \ STATION FIRE EGRESS \ w 20.0 WIDE � PROPOSED TELEPHONE PEDESTAL SECOND STREET PROPERTY LINE PROPOSED ELECTRICAL METER PEDESTAL CM-188-11 NICHOLSON PARK 2750 WEST SECOND STREET SAN BERNARDINO, CALIFORNIA 92410 60 FOOT MONOPOLE ANTENNA INSTALLATION DOCUMENT DATE: 5/12/97 INITIALS: pG°cgFoQ©BELLO EXHIBIT C Mobile Services PAGE 4 OF 7 w I PROPOSED PROPOSED PBMS PBMS LEASE 18.0' PEDESTRIAN ACCESS AREA ROUTE TO GATE 18.0'x20.0' 1 0 1 1 0 ' I N 1 I II 1 I I I I I 1 1 1 I 1 EXISTING FENCE 1 I I I PROPERTY II 1 I LINE 1 I I I EXISTING 1 1 FENCE PROPOSED PBMS NON-EXCLUSIVE 1 ACCESS FOR INGRESS AND EGRESS ' 1 20.0' WIDE I I � PROPOSED PBMS UTILITY ROUTING 5.0' WIDE II I 1 I I ' I I 5.0' 20.0' CM-188-11 NICHOLSON PARK 2750 WEST SECOND STREET SAN BERNARDINO, CALIFORNIA 92410 60 FOOT MONOPOLE ANTENNA INSTALLATION DOCUMENT DATE: 5/12/97 INITIALS: EXHIBIT C Mobile Services PAGE 5 OF 7 EXISTING FENCE 1I II � EXISTING 1 I GATE 1� 1 1 � 111 it i1 1 1 1 I ' 1 I 1 1 1 i 1 � 1 i I 1 I 1 ' I 1 ' � t 1 I ' 1 I , II 1 I 1 I ' ' I it I 1 1 1� 1 II ' 11 1 1 I , 1' I PROPOSED PBMS UTILITY ROUTING i x 1 5.0' WIDE ' , ' 1 It PROPOSED PBMS �! NON-EXCLUSIVE �i ACCESS FOR INGRESS ' ' 1 AND EGRESS I 1 1 ' 20.0' WIDE �✓I , 1, 1 'Li PROPOSED , TELEPHONE PEDESTAL -- PROPOSED ELECTRICAL METER PEDESTAL I SECOND STREET - - - CM-188-11 NICHOLSON PARK 2750 WEST SECOND STREET SAN BERNARDINO, CALIFORNIA 92410 60 FOOT MONOPOLE ANTENNA INSTALLATION DOCUMENT DATE: 5/12/97 INITIALS: EXHIBIT C Mobile Services PAGE 6 OF 7 I w PROPOSED PBMS MONOPOLE AND PROPOSED PROPOSED PBMS ANTENNAS FENCE AND GATE PEDESTRIAN ACCESS (6) TYPICAL, ROUTE TO GATE ORIENTATION: (0',120',240') EXISTING 20.0 FENCE PROPOSED I PULLBOX I PROPOSED PBM BTS UNIT I I I I PROPOSED ELECTRICAL PEDESTAL I PROPERTY LINE I I � PROPOSED TELEPHONE PANEL I PROPOSED PBMS PROPOSED ( LEASE AREA CONCRETE PAD I 18.0'x20.0' - PROPOSED PBMS NON-EXCLUSIVE ACCESS FOR PROPOSED INGRESS AND EGRESS PBMS UTILITY 20.0' WIDE ROUTING 5.0' WIDE CM-188-11 NICHOLSON PARK 2750 WEST SECOND STREET SAN BERNARDINO, CALIFORNIA 92410 60 FOOT MONOPOLE ANTENNA INSTALLATION DOCUMENT DATE: 5/12/97 INITIALS: RAURC[I BELLO Mobile Services EXHIBIT c PAGE 7 OF 7 a PROPOSED PBMS ANTENNAS (6) TYPICAL, ORIENTATION: (0',120',240') PROPOSED ANTENNA SUPPORT, (3) TYPICAL PROPOSED PBMS LNA UNITS, (6) TYPICAL PROPOSED PBMS MONOPOLE 0 0 PROPOSED PBMS BTS UNIT PROPOSED FENCING PROPOSED TELEPHONE PANEL PROPOSED ELECTRICAL PEDESTAL 0 PROPOSED CONCRETE PAD PROPOSED PULLBOX SOUTH ELEVATION CM-188-11 NICHOLSON PARK 2750 WEST SECOND STREET SAN BERNARDINO, CALIFORNIA 92410 60 FOOT MONOPOLE ANTENNA INSTALLATION DOCUMENT DATE: 5/12/97 INITIALS: CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM DATE: October 2, 1998 TO: All Clients FROM: City Clerk's Office RE: SCANNING DOCUMENT PROBLEM NOTICE -------------------------------------------------------------------------------------------------------------------------------------- MAYOR AND COMMON COUNCIL MEETING DATE: November 3, 1997 ITEM #: #12 RESOLUTION: Res 97-332-Resolution authorizing the execution of an amendment to lease agreement between the City and Pacific Bell Mobile Services. Northwest corner 2nd St and Meridian Ave (a portion of Nicholson Park). NOTICE OF: Missing Document. Exhibit/Attachment. Public Works/Engineering Bound Contract. Staff Report. Bad Quality Original. X - Document. X - Map. Hand Written Original. Ordinance - Legal Advertisement Proof of Publication Bad Quality. Ordinance - No Staff Report. Missing Signature - FOR ASSISTANCE: Should you have any questions on this matter, please do not hesitate to contact either the records management staff or the Administrative Operations Supervisor at (909) 384-5002. Rachel Clark City Clerk RC:mam