HomeMy WebLinkAbout05.E- City Manager 5.E
RESOLUTION (ID # 2651) DOC ID: 2651 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Lease
From: Allen Parker M/CC Meeting Date: 11/03/2014
JVJ) 4t,r epar ed by: Ryan Sandoval, ( 38 -
5140
Dept: City Manager Ward(s): 4
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
and Directing the City Manager to Execute a Lease Agreement Between the City of San
Bernardino and Los Angeles SMSA Limited Partnership (DBA Verizon Wireless) for the
Lease of City Owned Property at Wildwood Park; and Authorizing and Directing the
Mayor to Execute an Easement for Electric Utility Purposes to Southern California
Edison Company. (#2651)
Current Business Registration Certificate: No
Financial Impact:
The lease payments will begin the date of the execution of the Lease by both parties.
The projected gross revenue from monthly lease payments for FY 2014/15 is
anticipated to be $16,800 (8 months x $2,100). Additionally, the agreement requires
Verizon to pay to the City a document preparation fee of $2,100. Therefore the total
gross revenue for FY 2014/15 is anticipated to be $18,900. The total gross revenue of
lease payments over the first five (5) year term including the 4% increase each yearly
anniversary is $136,491.00.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
Los Angeles SMSA Limited Partnership (dba Verizon Wireless) submitted a proposal to
lease 478 total square feet of property at Wildwood Park, located on the northeast
corner of Waterman Avenue and 40th Street (APN 0154-371-05), for the placement of a
mobile/wireless communications facility disguised as a mono-pine that will
accommodate cell tower antennas and an appurtenant equipment shelter. Verizon
Wireless will be responsible for any utility costs associated with their equipment. The
Parks and Recreation Department has reviewed the proposed lease and has indicated
that the placement and design of the mono-pine and equipment shelter will not interfere
with the maintenance or operation of the park site.
The lease provides a five (5) year term with the option of three (3) successive five (5)
year renewal periods. The initial monthly rent is $2,100.00 per month with a 4%
- increase each annual anniversary of the commencement date. The term of the lease
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2651
agreement begins upon the date in which both parties have executed the lease
agreement and lease payments will begin on that date.
Construction of the cell tower at Wildwood Park is expected to start in the latter part of
2014, or early 2015. Verizon Wireless has received land use approval and the
Communitv Development Department has approved Arimini-,trativP. Permit Nn. (AP) Nn.
13-01.
Upon termination of the lease agreement, Verizon Wireless will be required to restore
the premises to its previous grade and condition including removal of all appurtenances
installed, to the satisfaction of the City of San Bernardino. The attached resolution
authorizes the execution of a Lease with Los Angeles SMSA Limited Partnership (dba
Verizon Wireless) and authorizes the execution of a easement to Southern California
Edison Company for utility purposes in relation to proposed cell tower.
City Attorney Review:
Supporting Documents:
Resolution (DOC)
agrmt 2651 (PDF)
Reso Attachment 2 - SCE Easement (PDF)
Vicinity Map (PDF)
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5.E.a
1 RESOLUTION NO.
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. 0.
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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 behalf w
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10 of the City a Lease Agreement between the City of San Bernardino and Los Angeles SMSA N
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11 Limited Partnership (dba Verizon Wireless) for the lease of 478 square feet of City owned
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property at Wildwood Park located on the northeast corner of Waterman Avenue and 40th `
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14 Street (APN 0154-371-05), for a cellular tower disguised as a monopine and appurtenant N
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15 equipment shelter, a copy of which is attached hereto, marked as Attachment "I", and
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16 incorporated herein by this reference. N
17 SECTION 2. The Mayor is hereby authorized and directed to execute on behalf of the c
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City an Easement for electric utility purposes to Southern California Edison Company over a
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portion of said Wildwood Park in relation to the construction and operation of the above 0
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21 referenced cell tower, a copy of which is attached hereto, marked as Attachment "2", and
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22 incorporated herein by this reference.
23 SECTION 3. The authorization to execute the above-referenced agreement is 2
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rescinded if the parties to the agreement fail to execute it within ninety (90) days of the
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26 passage of this resolution.
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5.E.a
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.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor c
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8 and Common Council of the City of San Bernardino at a meeting 2
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thereof,held on the day of ,2014,by the following vote,to wit: N
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10 Council Members: AYES NAYS ABSTAIN ABSENT a
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MARQUEZ
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BARRIOS L
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14 VALDIVIA co
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15 SHORETT
16 NICKEL
17 JOHNSON 0
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MULVIHILL
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21 Georgeann Hanna, City Clerk 0
22 The foregoing resolution is hereby approved this day of 52014. E
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R. CAREY DAVIS, Mayor
25 City of San Bernardino
26 Approved as to form:
GARY D. SAENZ, City Attorney
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By:
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5.E.a
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ATTACHMENT "1"
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4 -Lease Agreement-
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ATTACHMENT "2"
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4 -SCE Easement-
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[See attached]
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Site: Wildwood Park
APN: 0154-371-05-0000
LEASE
THIS LEASE ("Lease"), is made and entered into this day of
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
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"Lessee". a
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RECITALS 3
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This Lease is made and entered into with respect to the following facts:
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(a) Lessor is the owner of that certain real property herein described.
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(b) Lessee has requested permission to construct a mobile/wireless communications
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facility to be located at Wildwood Park ("Property"), on the Northeast corner of Waterman o
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Avenue and 40th Street in the City of San Bernardino(APN 0154-371-05),which Property is more >
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particularly described in Exhibit"A"attached hereto,and Lessor is willing to lease a portion of the a
Property to Lessee upon the terms and conditions hereinafter set forth. LO
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(c) Lessee believes that the facilities will not interfere with the City of San Bernardino T-
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Department of Parks and Recreation's operations or the public's use of Wildwood Park. E
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(d) This Lease is conditioned upon Lessee, or Lessee's assigns, obtaining all
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governmental permits and approvals enabling Lessee, or its assigns to construct and operate
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mobile/wireless communications facilities on the Premises (as defined below). Q
NOW THEREFORE,the parties hereto agree as follows:
1. PropeM 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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Site: Wildwood Park
APN: 0154-371-05-0000
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
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Space,and any appurtenant facilities and applicable easements for access and utilities as described °o
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herein are collectively defined as the"Premises."
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2. Term: cc
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(a) The term of this Lease shall be five (5) years ("Initial Term), commencing
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with the date both Lessor and Lessee have executed this Lease("Commencement Date").
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(b) Lessee shall have the right to extend the term of this Lease for three (3)
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additional terms of five(5)years each("Renewal Term(s)"). Each Renewal Term shall be on the
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terms and conditions set forth herein.This Lease shall automatically be extended for each Renewal
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Term. In the event the Lessee decides not to extend this Lease,then Lessee shall notify the Lessor
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in writing of Lessee's intention not to extend this Lease at least ninety (90) days prior to the N
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expiration of the Initial Term or then-current Renewal Term.
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3. Lease Payments: E
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(a) Lessee shall pay Lessor the sum of Two Thousand One Hundred and a
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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Site: Wildwood Park
APN: 0154-371-05-0000
(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. m
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Payments shall be mailed or delivered to: °o
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City of San Bernardino
Public Works Department/Real Property Section
300 North"D" Street, 3rd Floor
San Bernardino,California 92418
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Lessor may, from time to time, designate such other addresses or entity to receive Rent payments 0
due hereunder, which designation shall be made in writing at least thirty (30) days in advance of N
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any Rent payment date by notice given in accordance with Paragraph 20 below. >
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(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.
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4. Use Restrictions: U)
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The Premises may be used by Lessee for any lawful activity in connection with the E
provision of mobile/wireless communications services, including without limitation, the
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transmission and the reception of wireless communication signals on various frequencies, and the
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testing, investigation, construction„ maintenance and operation of related communications a
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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Site: Wildwood Park 5 E b y ?
APN: 0154-371-05-0000
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
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insurance as set forth in Paragraph 10 below,and shall notify Lessor at least forty-eight(48)hours 0
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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
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Lessor and this Lease shall terminate. Lessee shall repair any damage to the Premises caused by a
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Lessee and shall restore the Premises to the condition existing prior to conducting the Tests.
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(b) Lessee shall have the right to construct,erect,maintain,operate and remove •-
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mobile/wireless communications facilities on the Premises,including but not limited to an antenna
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tower or pole and foundation,utility lines,transmission lines,air conditioned equipment shelter(s),
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electronic equipment, transmitting and receiving antennas, a standby power generator and
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generator pad, and supporting equipment, structures and improvements (collectively, "Lessee
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Facilities"). In connection therewith,Lessee has the right to do all work necessary to prepare,add, R
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 w
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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 an material alterations to the Premises or an art
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Site: Wildwood Park
APN: 0154-371-05-0000
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
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sixty (60) days after the expiration or earlier termination of this Lease, be removed from the 0
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Premises, and the Premises shall be returned to its previous state as of the Commencement Date,
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excepting normal wear and tear, casualty, or damage caused by Lessor or Lessor's agents,
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employees, tenants, lessees, licensees or invitees. d
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(c) Lessor shall provide to Lessee,Lessee's employees, agents and contractors,
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access to the Premises across the Property twenty-four(24)hours a day, seven(7)days a week,at
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no charge to Lessee. Lessor represents and warrants that it has full rights of ingress to and egress
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from said Premises over the Property, and shall allow Lessee access from the nearest public
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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 N
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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
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repair any damages Lessee, its agents, employees, officers, or contractors cause to said above- a
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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Site: Wildwood Park
APN: 0154-371-05-0000
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
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wear and tear excepted, and shall use reasonable precaution to prevent waste, damage or injury to 0
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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
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maintenance and upkeep. Such inspections shall be conducted in the accompaniment of an a
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employee or authorized representative of Lessee.
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7. Utilities:
Lessee shall have the right to install utilities, at Lessee's expense, and to improve
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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
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not be unreasonably withheld or delayed. In connection therewith, Lessee shall have the right to N
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install along the perimeter of the Equipment Space a power panel and telco board, as more
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particularly described and depicted on Exhibit"B". E
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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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Site: Wildwood Park
APN: 0154-371-05-0000
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
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which may be levied against Lessee by virtue of the installation, ownership, use, or operation of $
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Lessee's leasehold improvements at the Property.
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(b) Lessor shall pay when due all real property taxes for the Property,including
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the Premises. In the event that Lessor fails to pay any such real property taxes or other fees and
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assessments, Lessee shall have the right, but not the obligation, to pay such owed amounts and
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deduct them from Rent amounts due under this Lease. Notwithstanding the foregoing, Lessee N
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shall pay any personal property tax,real property tax or any other tax and/or fee which are directly Ce
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attributable to the presence or installation of the Lessee's Facilities,only for so long as this Lease
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has not expired of its own terms or is not terminated by either party. Lessor hereby grants to
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Lessee the right to challenge, whether in a Court, Administrative Proceeding, or other venue, on N
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behalf of Lessor and/or Lessee, any personal property or real property tax assessments that may
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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, Q
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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Site: Wildwood Park
APN: 0154-371-05-0000
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)
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Commercial General Liability with limits of Five Million Dollars($5,000,000.00)per occurrence, 0
provided such limit may be satisfied by a combination of primary and umbrella policies, and
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Lessee may satisfy this requirement by obtaining the appropriate endorsement to any master policy m
of liability insurance Lessee may maintain.-,(2)Automobile Liability with a combined single limit U)
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of One Million Dollars ($1,000,000.00) per accident, and (3) Worker's Compensation Insurance
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as required by law and Employers' Liability with limits of One Million Dollars ($1,000,000.00)
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per occurrence. Lessee shall provide to Lessor a certificate of insurance and name Lessor as an
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additional insured for the general liability policy,which certificate provides:
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(a) Additional insured: "The City of San Bernardino and its elected and
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appointed boards, officers, agents, and employees are additional insured with respect to this N
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contract with the City."
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(b) The certificates shall include the insurance company name,policy number, E
period of coverage, and the amount of insurance. Q
(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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Site: Wildwood Park
APN: 0154-371-05-0000
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 a
in or about the Premises or Property, except to the extent caused by the negligence or willful 0
misconduct of the party to be indemnified, or such party's agents, employees and contractors.
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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, d
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employees, representatives or contractors against any and all claims, suits, damages for bodily
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injury, including death, property damage, demands, loss or liability of any kind or nature
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("Claims")to the extent arising from or related to Lessee's operations under this Lease and except
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to the extent any Claims arise out of the negligence or misconduct of Lessor, its agents, officers,
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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. N
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(b) Neither Party shall be liable to the other,or to any of their respective agents,
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representatives, officers or employees for any lost revenue, lost profits, loss of technology, rights E
or services, incidental, punitive, indirect, special or consequential damages, loss of data, or a
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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Site: Wiidwood Park
APN: 0154-371-05-0000
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
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remove the same at any time without Lessor's consent. $
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(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
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Facilities ("Collateral") with a third party financing entity (and may in the future enter into
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additional financing arrangements with other financing entities). In connection therewith, Lessor
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(i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as d
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fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution,
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foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such
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Collateral may be removed at any time without recourse to legal proceedings.
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14. Assignment and Subletting: to
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(a) Lessee may not assign all or any part of its interest in this Lease or in the
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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 a
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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Site: Wildwood Park ' : 5 E.b
APN: 01 54-371-05-0000
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 nin 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
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consent its interest in this Lease to any financing entity,or agent on behalf of any financing entity, °o
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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
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obligations under or with respect to letters of credit, bankers acceptances and similar facilities or a
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with respect to guaranties thereof.
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(b) Sublease - Subject to all permits and approvals from all governmental L
agencies having jurisdiction thereover, Lessee may lease or license space on the support structure
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forming a part of the Lessee's Facilities, in its equipment cabinets or elsewhere on the Lessee
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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 N
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Lessee in its sole discretion, desires(a"Third Party Lease");provided,however,that Lessor shall
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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 a
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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Site: Wildwood Park
APN: 0154-371-05-0000
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
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operation of the Lessee Facilities; or (iii) by Lessee if Lessee is unable to occupy and utilize the c
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Premises due to an action of the FCC, including without limitation, a take back of channels or
change in frequencies; or iv b Lessee if an environmental report for the Property reveals the
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presence of any Hazardous Material after the Commencement Date; or (v) by Lessee if Lessee
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determines that the Premises are not appropriate for its operations for economic or technological
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reasons,including,without limitation, signal interference. In the event that Lessee terminates this L
Lease prior to the expiration of the Initial Term pursuant to the terms of paragraph (v) above, Cn
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Lessee shall pay to Lessor a sum equivalent to three (3) months' then-current Rent as liquidated
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damages.
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16. Hazardous Materials: N
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(a) As of the Commencement Date of this Lease: (1)Lessee hereby represents R
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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 r
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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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Site: Wildwood Park
APN: 0154-371-05-0000
,. 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
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breach of any representation or warranty made in this Paragraph 16 by such party; and/or (ii) 0
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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 U)
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contractors, and in the case of Lessor, from the ownership or control of, or operations in or about, U)
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the Property by Lessor or Lessor's predecessors in interest,and their respective agents,employees,
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contractors, lessees, or invitees. The duties described in this Paragraph 16 shall apply as of the L
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Commencement Date of this Lease and survive termination of this Lease. y
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(c) "Hazardous Material" means any solid, gaseous or liquid wastes
(including hazardous wastes),regulated substances,pollutants or contaminants,or terms of similar
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import,as such terms are defined in any Environmental Law,and shall include,without limitation, N
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any petroleum or petroleum products or by-products,flammable explosives,radioactive materials,
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asbestos in any form, polychlorinated biphenyls and any other substance or material which 4)
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
th ereof,including orders decrees,judgments,rulings,directives or notices of violation,that create
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Site: Wildwood Park
APN: 0154-371-05-0000
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:
a.
Lessee's Facilities shall not unreasonably disturb the communications
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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
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non-interference rules of the FCC,and the conditions set forth in Administrative Permit No. 13-01,
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regarding the City's public safety transmissions (provided the conditions are not within the
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exclusive jurisdiction of the FCC or other Federal agency or department). Lessor shall not and L
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shall not permit its lessees or licensees to use any portion of the Property in a way that Cn
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unreasonably interferes with the communications operations of Lessee described in Section 4,
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above. Such interference with Lessee's communications operations shall be deemed a material N
breach by Lessor, and Lessor shall have the responsibility to promptly terminate said interference. cm
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In the event any such interference does not cease promptly, the parties acknowledge that
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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 w
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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
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required to permit Lessee to resume its operation at the Premises,terminate this Lease upon fifteen c
3
(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
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originally set as the expiration date of this Lease and the parties shall make an appropriate N
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adjustment,as of such termination date,with respect to payments due to the other under this Lease.
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Notwithstanding the foregoing, Rent shall abate during the period of repair following such fire or
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other casualty in proportion to the degree to which Lessee's use of the Premises is impaired. CO
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19. Condemnation:
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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 N
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possession, whichever occurs first. If as a result of a partial condemnation of the Premises or
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Property, Lessee, in Lessee's sole discretion, is unable to use the Premises for the purposes E
intended hereunder, or if such condemnation may reasonably be expected to disrupt Lessee's r
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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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Site: Wildwood Park
APN: 0154-371-05-0000
proceeding involving the Premises for Iosses 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
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foregoing, this Lease shall remain in full force and effect as to the portion of the Premises °o
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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. N
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20. Miscellaneous:
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(a) This Lease constitutes the entire agreement and understanding between the
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parties, and supersedes all offers, negotiations and other leases concerning the subject matter
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contained herein. Any amendments to this Lease must be in writing and executed by both parties.
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(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
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applicable, valid and enforceable statutes, laws, ordinances and regulations of any competent N
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government authority. 0'
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(c) If any provision of this Lease is invalid or unenforceable with respect to any E
party,the remainder of this Lease or the application of such provision to persons other than those a
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.
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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 0
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Lessor or Lessee may from time to time designate any other address for this purpose by written
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notice to the other party. All notices hereunder shall be deemed received upon actual receipt or d
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refusal as shown on the receipt obtained pursuant to the foregoing.
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(f) This Lease shall be governed by the laws of the State of California. Any L
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legal proceeding brought to enforce any right, interest, or other demand to this Lease shall be
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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, N
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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
s
of this Lease.
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(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
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i
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.
(j} In any case where the approval or consent of one party hereto is required,
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requested or otherwise to be given under this Lease, such party shall not unreasonably delay, °o
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condition or withhold its approval or consent.
(k) Each of the parties hereto represent and warrant that they have the right,
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power,legal capacity and authority to enter into and perform their respective obligations under this
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Lease.
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(1) The captions and headings in this Lease are for convenience only and in no L
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way define, limit or describe the scope or intent of any provision of this Lease.
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(m) All Exhibits annexed hereto form material parts of this Lease.
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(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 N
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interpretation of this Lease.
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(o) Lessor covenants that Lessee,on paying Rent and performing the covenants E
herein, shall peaceably and quietly have,hold and enjoy the Premises. a
(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 sbail not waive
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i
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
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presents a material risk to the public health or safety,including,but not limited to radio frequency c
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emissions, either Lessor or Lessee may terminate this Lease upon ten(10) days notice to the other
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10/29/2014 19 He No.: 15.06-176
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Site: Wildwood Park
APN: 0154-37t-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
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By:
ALLEN PARKER, City Manager
Date: N
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ATTEST: N
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GEORGEANN HANNA, City Clerk 0
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Approved as to form:
GARY D. SAENZ, City Attorney
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LESSEE:
LOS ANGELES SMSA LIMITED PARTNERSHIP,
a California limited partnership, dba Verizon
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By: AirTouch Cellular, its General Partner
By:
BRIAN MECUM
Area Vice President Network
Date:
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5.E.b
Site: Wildwood Park
APN: 0154-371-05-0000
EXHIBIT "A"
Legal Description of Property
W10 nwnnn abRu
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 -�
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Maps, Page 23, Records of the County Recorder of San Bernardino 0
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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'
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03" East along the North line of fortieth Street a distance -of
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1773.85 feet to a point, said point being the beginning of a non-
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tangent curve concave Northeasterly having a radius of 1011•.20
in
feet, a radial line of said curve through said point bears North 9�
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110 32' 30" East; thence Northwesterly along the arc of said curve r
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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. N
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feet; thence continuing Northwesterly along said curve through a
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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; r
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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 Fite No.: 15.06-176
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EXMIT "B"
-Plat showing Leased Area&Access Easement-
-Plat showing Utility Installation Area-
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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.
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I+ XHIBIT "D"
-Memorandum of Lease-
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RECORDING REQUESTED BY
A
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
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This Memorandum of Lease is entered into this day of 2014, by and between the 'a 0
CITY OF SAN BERNARDINO, a municipal corporation,having a mailing address of 300 North"D" Street, San 3
Bernardino, CA 92418 (hereinafter referred to as "Lessor") and LOS ANGELES SMSA LIMITED a
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"}. y
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1. Lessor and Lessee entered into a certain Lease Agreement ("Lease") on the day of y
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`v 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. N
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.
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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
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parties and their respective heirs, successors,and assigns,subject to the provisions of the Lease. N
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IN WITNESS WHEREOF,the parties have executed this Memorandum of Lease as of the day and year E,
first above written.
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LESSOR: LESSEE: E
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CITY OF SAN BERNARDINO, LOS ANGELES SMSA LIMITED PARTNERSHIP, ��°.
a municipal corporation a California limited partnership dba Verizon Wireless Q
By: AirTouch Cellular,its General Partner
ALLEN PARKER,City Manager
By:
BRIAN MECUM
Date: Area Vice President Network
Date:
Packet Pg. 68
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. Y
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WITNESS my hand and official seal. a
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Signature
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SEAL:
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ACKNOWLEDGEMENT OF LESSEE: j
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STATE OF CALIFORNIA
COUNTY OF ) S.S.
On before me, to
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Notary Public,personally appeared
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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 N
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their E
signature(s)on the instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. `a)
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I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct.
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WITNESS my hand and official seal.
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Signature
SEAL:
Packet Pg.69
EXHIBIT "1"
Legal Description
WILDW00D PARK
That portion of Section 14, Township 1 North, Range 4 West,
San Berner-dine 141Anir�is.n iF gairJ Q°C+ i,".^ li^,ss t
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:
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Beginning at the intersection of the East line of Waterman o
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Avenue with the North line of Fortieth Street; thence South .89* 33'
03" East along the North Iine of Fortieth Street a distance -of
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1773.85 feet to a point, said point being the beginning of a non- _°3
tangent curve concave Northeasterly having a radius of 1011•.20
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feet, a radial line of said curve through said point bears North
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( !° 32' 30" Fast; thence Northwesterly along the arc of said curve CD
through a central angle of 140 26' 01" a distance of 254.74 feet
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to the beginning of a compound curve having a radius of 3090.00,
feet; thence continuing Northwesterly along said curve through a
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central angle of 36° 31 ' 32" a distance of 1969.85 feet to the N
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beginning of a compound curve having a radius of 1390.00 feet;
thence continuing Northwesterly along said curve through a central , E
angle of 176 14' 13" a distance of 418.70 feet to the intersection
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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.
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Packet Pg. 70
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"Beyond Sewice...Soiutions"
September 16,2013
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City of San Bernardino �0
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c/o Spectrum Service Inc. 0
ATTN: Michael Hayes :2
8390 Maple Place, Suite 110
Rancho Cucamonga,CA 91730
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SUBJECT: Electric Service to 686 E.40`h Street, San Bernardino
Edison Work Order No.: TD684791 —Verizon Site: SONORA N
Our Reference No.: DSE801052168
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Dear Mr. Hayes,
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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.
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To enable Edison to provide this service, we would like to obtain an easement across of your r
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. c
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You will find enclosed an original and one copy of a Grant of Easement including the Exhibit 0
sketch as requested. Please have the Grant of Easement executed by the appropriate Grantor(s), w
have the signatures notarized, and return the document to my attention. Please note that the W
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notary public must spell out each name exactly as they appear on each signature line and the Cn
notary stamps must be clear and legible to be accepted for recording by the County Recorder's N
Office. The copy of the easement is for your files.
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Upon request, your notary fees will be reimbursed; please submit a complete receipt with your
request. Q
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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.
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Since ely,
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ght- f-Way Agent
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725 W. wn&Country Road,Suite 410 Orange,CA 92868•Phone(714)568-1800■Fax(714)568-1801
wxN A,.spectrun-dand.com
Packet Pg.71
RECORDING REQUESTED BY
.r SOUTHERN CALIFORNIA
EDISON
` An EDISON INTERNATIONAL Company
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
Real Properties
2131 Walnut Grove Avenue,2""Floor
Rosemead,CA 91770 L
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Attn: Distribution/TRES -a
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
DISTRICI WORK ORDER ID MAP SIZE
GRANT OF DOCUMENTARY TRANSFER TAX$NONE(VALUE
EASEMENT AND CONSIDERATION LESS THAN$100.00) Redlands TD684791 N/A
J By DAit:
SCE Company APPROVED:
SIG.OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME APN:0154-371-05 Real Properties SLS/GB 09/13/2014
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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 0
"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 N
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:
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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 E
STRIP IS DESCRIBED AS FOLLOWS:
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COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF WATERMAN AVENUE WITH THE V
CENTERLINE OF 40TH STREET; THENCE ALONG THE CENTERLINE OF 40TH STREET, NORTH 89°51'00' N
EAST 660.50 FEET; THENCE PARALLEL WITH THE CENTERLINE OF WATERMAN AVENUE, NORTH N
00 020'30" WEST 305.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°51'00" WEST
8.00 FEET. E
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FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBIT "A" ATTACHED HERETO AND
MAD A PART HEREOF. Q
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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.
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This legal description was prepared pursuant to Sec. 8730(c)of the Business&Professions Code. Q
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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.
Packet Pg.72
EXECUTED this day of 120 .
GRANTOR
CITY OF SAN BERNARDINO,a municipal
co roration
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Print Name y
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State of California )
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On before me, ,notary public, m
(here insert name) N
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personally appeared w
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within w
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by tUA
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed a
the instrument. _
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and M
correct ca
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WITNESS my hand and official seal. 0
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(This area for notary stamp)
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2 DSE801052Iuo
TD684791
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GRANTEE
SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
Dino J. LaBanca, Y
Real Properties Department
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State of California ) 0
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 N
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by w
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed y
the instrument. E
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and w
correct w
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WITNESS my hand and official seal. N
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EXHIBIT "A"
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SCALD 1"=100'
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POR. SW 1/4 OF SEC. 14, 3
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SAN BERNARDINO COUNTY
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S89'5100"W T.P.O.B. m
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SCE EASEMENT 11 0
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15 ,14 U') N89'51'00"E 660.50' _ I
All - - - - - - �- - - - - �- E
22 23
40TH STREET
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SCE EASEMENT
DSE801052168 TD 684791
SLS/BT 09/13/14
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Location of
Proposed Lease
Area
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330 0O
40th St.
Marshall Blvd. '
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Highland Ave. zee N
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Base Line St. w _
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9th St 6
5th St.
Rialto Ave.
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Mill St. a) .-
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Orange 3how Rd. °
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VICINITY MAP tiV a
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f CITY OF SAN BERNARDINO Proposed Lease Agreement with Verizon
PUBLIC WORKS DEPARTMENT Wireless for a monopine cell tower and
SaoBernar AO 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 Packet Pg.76