HomeMy WebLinkAbout05.L- Public Works RESOLUTION (ID # 3739) DOC ID: 3739 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
0 Lease
From: Tony Frossard M/CC Meeting Date: 04/06/2015
Prepared by: Ryan Sandoval, (909) 384-
5140
Dept: Public Works Ward(s): 1
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 Nine Hundred (900) Square Feet of City-Owned Property at Guadalupe Field
Located at 780 N. Roberds Avenue for a Cellular Tower Disguised as a Monopine and
Appurtenant Equipment Shelter (APN's 0139-281-04 & 45). (#3739)
Current Business Registration Certificate: Yes
Financial Impact:
The lease payments will begin on the first day of the month following the month in which
both parties have executed the lease agreement. The projected gross revenue from
.� monthly lease payments for FY 2014/15 is anticipated to be $2,100 (1 month 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
$4,200. 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 900 total square feet of property at Guadalupe Field located at 780 N. Roberds
Avenue, the southwest corner of 8th Street and Roberds Avenue (APN's 0139-281-04 &
45), for the placement of a mobile/wireless communications facility disguised as a
mono-pine that will accommodate cell tower antennas and appurtenant equipment
shelter. Verizon Wireless will be responsible for any utilities consumed by their
equipment. The Parks and Recreation Department has reviewed the proposed lease
and agrees to the placement and design of the mono-pine and equipment shelter; and
has indicated it 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
Updated: 4/2/2015 by Georgeann "Gigi" Hanna C I Packet Pg. 173
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3739
agreement commences on the first day of the month following the month in which both
parties have executed the lease agreement and lease payments will begin on that date.
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Construction of the cell tower at Guadalupe Field is expected to start in the latter part of
2015. Verizon Wireless has received land use approval and Planning Division has
approved Administrative Development Permit No. 14-064 (see attached approval letter).
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) in relation to the proposed cell tower.
City Attorney Review:
Supporting Documents:
Resolution (DOC)
agrmt 3739 (PDF)
Vicinity Map (PDF)
CD Approval Letter- Admin Dev Permit 14-064(PDF)
Updated: 4/2/2015 by Georgeann "Gigi" Hanna C
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 NINE HUNDRED (900) SQUARE
5 FEET OF CITY-OWNED PROPERTY AT GUADALUPE FIELD LOCATED AT 780
N. ROBERDS AVENUE FOR A CELLULAR TOWER DISGUISED AS A MONOPINE
6 AND APPURTENANT EQUIPMENT SHELTER(APN's 0139-281-04 & 45).
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE Q
8 CITY OF SAN BERNARDINO AS FOLLOWS:
9 SECTION 1. The City Manager is hereby authorized and directed to execute on behalf
10 of the City a Lease Agreement between the City of San Bernardino and Los Angeles SMSA U)
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Limited Partnership (dba Verizon Wireless) for the lease of 900 square feet of City-owned 00
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13 property at Guadalupe Field located at 780 N. Roberds Avenue (APN's 0139-281-04 & 45), a
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14 copy of which is attached hereto, marked as Attachment "1", and incorporated herein by this
15 reference. M
16 SECTION 2. The authorization to execute the above-referenced agreement is r
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17 rescinded if the parties to the agreement fail to execute it within ninety (90) days of the
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passage of this resolution. o
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE CITY MANAGER TO
2 EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND LOS ANGELES SMSA LIMITED PARTNERSHIP (DBA VERIZON WIRELESS)
3 FOR THE LEASE OF NINE HUNDRED (900) SQUARE FEET OF CITY-OWNED
4 PROPERTY AT GUADALUPE FIELD LOCATED AT 780 N. ROBERDS AVENUE
FOR A CELLULAR TOWER DISGUISED AS A MONOPINE AND APPURTENANT
5 EQUIPMENT SHELTER(APN's 0139-281-04 & 45).
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a meeting 0 CL
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thereof, held on the day of , 2015, by the following vote, to wit:
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10 Council Members: AYES NAYS ABSTAIN ABSENT N
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11 MARQUEZ o
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12 BARRIOS >
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VALDIVIA o:
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_ SHORETT
15 M
16 NICKEL
17 JOHNSON N
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18 MULVIHILL
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Georgeann Hanna, City Clerk
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22 The foregoing resolution is hereby approved this day of , 2015. E
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24 R. CAREY DAVIS, Mayor
25 City of San Bernardino
Approved as to form:
26 GARY D. SAENZ, City Attorney
27 By:
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2 ATTACHMENT
3 -Lease Agreement-
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S.L.b'
LEASE
THIS LEASE ("Lease"), is made and entered into this day of
, 2015, by and between the CITY OF SAN BERNARDINO, a municipal
corporation, hereinafter referred to as "Lessor", and LOS ANGELES SMSA LIMITED
PARTNERSHIP, a California limited partnership, dba Verizon Wireless, hereinafter referred to
as"Lessee".
RECITALS
This Lease is made and entered into with respect to the following facts:
(a) Lessor is the owner of that certain real property herein described. 2 U.
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(b) Lessee has requested permission to construct a mobile/wireless communications
facility to be located at Guadalupe Field ("Property"), at 780 N. Roberds Avenue, San
Bernardino, CA 92411 (APN's 0139-281-04 & 45), which Property is more particularly
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described in Exhibit "A" attached hereto, and Lessor is willing to lease a portion of the Property
to Lessee upon the terms and conditions hereinafter set forth. c
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(c) Lessee believes that the facilities will not interfere with the City of San a,
Bernardino Department of Parks and Recreation's operations or the public's use of Guadalupe
Field.
(d) This Lease is conditioned upon Lessee, or Lessee's assigns, obtaining all
governmental permits and approvals enabling Lessee, or its assigns to construct and operate
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mobile/wireless communications facilities on the Premises (as defined below). M
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NOW THEREFORE, the parties hereto agree as follows:
1. Property Leased:
(a) Lessor hereby leases to Lessee, and the Lessee hereby leases from Lessor ground
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space at the Property measuring approximately thirty feet by thirty feet (30' x 30') and
containing approximately nine hundred (900) square feet (the "Equipment Space") and an aerial
easement extending beyond the Equipment Space, and above those portions of the Property over
which the antennas, related appurtenances, and branches of Lessee's proposed antenna structure
extend, 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 to the nearest
appropriate utilities providers. The Equipment Space and any appurtenant facilities and
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applicable easements for access and utilities as described herein are collectively defined as the
"Premises."
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2. Term:
(a) The term of this Lease shall be five (5) years ("Initial Term), commencing on the
first day of the month following the month in which both Lessor and Lessee have executed this
Lease("Commencement Date").
(b) Lessee shall have the right to extend the term of this Lease for three (3) additional
terms of five (5) years each ("Renewal Term(s)"). Each Renewal Term shall be on the terms and
conditions set forth herein. This Lease shall automatically be extended for each Renewal Term.
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In the event the Lessee decides not to extend this Lease, then Lessee shall notify the Lessor in CD
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writing of Lessee's intention not to extend this Lease at least ninety (90) days prior to the
expiration of the Initial Term or then-current Renewal Term.
3. Lease Payments: n
(a) Lessee shall pay Lessor the sum of Two Thousand One Hundred and 00/100 0
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Dollars ($2,100.00) in addition to Lessee's obligation to pay rent, for document preparation
within thirty (30) days after the Commencement Date. 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.
(b) Lessee shall pay Lessor as rent, the annual sum of Twenty-Five Thousand Two
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Hundred and 00/100 Dollars ($25,200.00) "Rent", payable in equal monthly installments M
commencing upon the Commencement Date, which initial payment shall be paid within thirty E
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(30) days after the Commencement Date. The monthly installments shall be in the amount of
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Two Thousand One Hundred and 00/100 Dollars ($2,100.00) each month and on the same date E
of each month thereafter. «�
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Payments shall be mailed or delivered to:
City of San Bernardino
Public Works Department/Real Property Section
300 North"D" Street, 3rd Floor
San Bernardino, California 92418
Lessor may, from time to time, designate such other addresses or entity to receive Rent payments
due hereunder, which designation shall be made in writing at least thirty(30) days in advance of
any Rent payment date by notice given in accordance with Paragraph 20 below.
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Lessee Site?Jame:Medic—Guadalupe Field
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{c) Rent shall be increased on each yearly anniversary of the Commencement Date by
an amount equal to four percent (4%) of the Rent then in effect for the previous year.
4. Use Restrictions:
The Premises may be used by Lessee for any lawful activity in connection with the
provision of mobile/wireless communications services, including without limitation, the
transmission and the reception of wireless communication signals on various frequencies, and
the testing, investigation, construction, maintenance and operation of related communications
facilities. Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for
and obtaining all licenses, permits and any and all other necessary approvals that may be
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required for Lessee's intended use of the Premises. a)
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5. Improvements:
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(a) Lessee shall have the right (but not the obligation) at any time prior to the
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Commencement Date, to enter the Premises for the purpose of making necessary engineering a
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surveys and inspections (and soil tests where applicable) and other reasonably necessary tests c
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("Tests") and for the purpose of determining the suitability of the Lessee Facilities (as defined
herein) for mobile/wireless communications operations. During any Tests, Lessee shall have
insurance as set forth in Paragraph 10 below, and shall notify Lessor at least forty-eight (48)
hours prior to any proposed Tests, and shall coordinate the scheduling of same with Lessor. If
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Lessee determines that the Premises are unsuitable for Lessee's contemplated use, then Lessee
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shall notify Lessor and this Lease shall terminate. Lessee shall repair any damage to the Premises M
caused by Lessee and shall restore the Premises to the condition existing prior to conducting the as
Tests.
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(b) Lessee shall have the right to construct, erect, maintain, operate and remove s
mobile/wireless communications facilities on the Premises, including but not limited to an r
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antenna tower or pole and foundation, utility lines, transmission lines, air conditioned equipment
shelter(s), electronic equipment, transmitting and receiving antennas, a standby power generator
and generator pad, and supporting equipment, structures and improvements (collectively,
"Lessee Facilities"). In connection therewith, Lessee has the right to do all work necessary to
prepare, add, maintain and alter the Premises for Lessee's operations and to install utility lines
and transmission lines connecting antennas to transmitters and receivers. Ali of Lessee's
construction and installation work shall be performed at Lessee's sole cost and expense and in a
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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
I has the right to remove the Lessee Facilities at its sole expense as provided in this Paragraph
5(b). Once the Lessee Facilities are installed, Lessee shall not make any material alterations to
the Premises, or any part 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 AR
Lessee Facilities, shall, within sixty (60) days after the expiration or earlier termination of this
Lease, be removed from the Premises, and the Premises shall be returned to its previous state as
of the Commencement Date, excepting normal wear and tear, casualty, or damage caused by
Lessor or Lessor's agents, employees, tenants, lessees, licensees or invitees.
(c) Lessor shall provide to Lessee, Lessee's employees, agents and contractors, _
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access to the Premises across the Property twenty-four (24) hours a day, seven (7) days a week,
at no charge to Lessee. Lessor represents and warrants that it has full rights of ingress to and
egress from said Premises over the Property, and shall allow Lessee access from the nearest
public roadway to the Premises at all times, and hereby grants such non-exclusive ingress and M
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egress rights to Lessee along a twelve-foot (12') wide right-of-way extending from the nearest
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public right-of-way to the Premises as further described in Exhibit "B", to the extent required to M
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construct, erect, maintain, install, remove and operate the Lessee Facilities on the Premises. E
Lessee shall repair any damages Lessee, its agents, employees, officers, or contractors cause to
the above-described ingress and egress area. E
(d) In connection with obtaining the governmental approvals required for c
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construction of the Lessee Facilities, Lessee shall be required to install the landscaping a
("Landscaping") per the Conditions of Approval for Administrative Development Permit No. 14-
064 as described in Exhibit "C," attached hereto and made a part hereof. Lessee shall be solely
responsible for 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.
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Lessee Site Name:Medic—Guadalupe Field
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6. Maintenance and Inspections:
Lessee shall, at Lessee's own cost and expense, keep and maintain all improvements
hereinafter constructed on the Premises in good condition and repair, reasonable wear and tear
excepted, and shall use reasonable precaution to prevent waste, damage or injury to the Premises.
Lessor shall, at any reasonable time, have the right to go upon the Premises upon seventy-two
(72) hours prior notice to Lessee, and inspect and examine the same relative to such maintenance
and upkeep. Such inspections shall be conducted in the accompaniment of an employee or
authorized representative of Lessee.
7. Utilities: ?�
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Lessee shall have the right to install utilities, at Lessee's expense, and to improve the Q
present utilities on or near the Premises (including, but not limited to the installation of
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emergency power generators), subject to Lessor's approval of the location, which approval shall 0
not be unreasonably withheld or delayed. In connection therewith, Lessee shall have the right to
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install along the perimeter of the Equipment Space a power panel and telco board, as more �
particularly described and depicted on Exhibit"B". 01
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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 0.
such utilities, used by Lessee during the term of this Lease.
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8. Liens and/or Encumbrances:
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Lessee shall pay or cause to be paid, all costs of construction and/or installation of
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Lessee's improvements at the Property. Lessee shall keep the Premises free and clear of any and
all claims, liens, or encumbrances arising out of performance of work on Lessee's behalf, c
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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 Q
record against said Property.
9. Permits and Fees:
(a) Lessee shall pay all license fees, assessments, taxes, penalties or fines which may
be levied against Lessee by virtue of the installation, ownership, use, or operation of Lessee's
leasehold improvements at the Property.
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Lessee Site Name:Medic—Guadalupe Field
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(b) Lessor shall pay when due all real property taxes for the Property, including the
Premises. In the event that Lessor fails to pay any such real property taxes or other fees and
assessments, Lessee shall have the right, but not the obligation, to pay such owed amounts and
deduct them from Rent amounts due under this Lease. Notwithstanding the foregoing, Lessee
shall pay any personal property tax, real property tax or any other tax and/or fee which are
directly attributable to the presence or installation of the Lessee Facilities, only for so long as this
Lease has not expired of its own terms or is not terminated by either party. Lessor hereby grants
to Lessee the right to challenge, whether in a Court, Administrative Proceeding, or other venue,
on behalf of Lessor and/or Lessee, any personal property or real property tax assessments that
may affect Lessee. If Lessor receives notice of any personal property or real property tax u
assessment against the Lessor, which may affect Lessee and is directly attributable to Lessee's
installation, Lessor shall provide timely notice of the assessment to Lessee sufficient to allow
Lessee to consent to or challenge such assessment. Further, Lessor shall provide to Lessee any
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and all documentation associated with the assessment and shall execute any and all documents ca
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reasonably necessary to effectuate the intent of this Section 9. _
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10. Liability Insurance:
Lessee agrees to procure and maintain in force during the term of this Lease and any
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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
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herein; (1) Commercial General Liability with limits of Five Million Dollars ($5,000,000.00) per c
occurrence, provided such limit may be satisfied by a combination of primary and umbrella
policies, and Lessee may satisfy this requirement by obtaining the appropriate endorsement to
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any master policy of liability insurance Lessee may maintain., (2) Automobile Liability with a Q
combined single limit of One Million Dollars ($1,000,000.00) per accident, and (3) Worker's
Compensation Insurance as required by law and Employers' Liability with limits of One Million
Dollars ($1,000,000.00) per occurrence. Lessee shall provide to Lessor a certificate of insurance
and name Lessor as an additional insured for the general liability policy, which certificate
provides:
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Lessee Site Name:Medic—Guadalupe Field
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(a) Additional insured: "The City of San Bernardino and its elected and appointed
boards, officers, agents, and employees are additional insured with respect to this contract with
the City."
(b) The certificates shall include the insurance company name, policy number, period
of coverage, and the amount of insurance.
(c) That the Real Property Section of the Public Works Department of the City of San
Bernardino 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 Lessee's negligence.
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11. Indemnification:
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(a) Lessor and Lessee shall each indemnify, defend and hold the other harmless from
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and against all claims, causes of action, losses, liabilities, damages, costs, and expenses N
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(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 N
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Property or the negligence or willful misconduct of the indemnifying party, or its agents, >
employees or contractors in or about the Premises or Property, except to the extent caused by the
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negligence or willful misconduct of the party to be indemnified, or such party's agents,
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employees and contractors. Except as provided in the first sentence, Lessee shall defend with
counsel reasonably approved by Lessor (if requested by Lessor), indemnify, and hold harmless
Lessor, its agents, boards, officers, employees, representatives or contractors against any and all
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claims, suits, damages for bodily injury, including death, property damage, demands, loss or
liability of any kind or nature ("Claims") to the extent arising from or related to Lessee's
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operations under this Lease and except to the extent any Claims arise out of the negligence or
misconduct of Lessor, its agents, officers, employees, representatives or contractors. The duties
described in this Paragraph 11 shall apply as of the Commencement Date of this Lease and shall
survive the termination of this Lease.
(b) Neither Party shall be liable to the other, or to any of their respective agents,
representatives, officers or employees for any lost revenue, lost profits, loss of technology, rights
or services, incidental, punitive, indirect, special or consequential damages, loss of data, or
interruption or loss of use or service, even if advised of the possibility of such damages, whether
under theory of contract, tort (including negligence), strict liability or otherwise.
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Lessee Site Name:Medic—Guadalupe Field
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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 on such interest. Lessee agrees to, and shall indemnify and hold harmless Lessor from any
and all liability for any such taxes that may be 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. d
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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 0
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 J
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(i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as
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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
Collateral may be removed at any time without recourse to legal proceedings. rn
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14. Assignment and Sublettin
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(a) Lessee may not assign all or any part of its interest in this Lease or in the M
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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
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 dissolution of Lessee shall constitute an assignment hereunder. Upon assignment,
Lessee shall be relieved of all future performance, liabilities, and obligations under this Lease,
provided that the assignee assumes all of Lessee's obligations herein. This Lease shall run with
the Property and shall be binding upon and inure to the benefit of the parties, their respective
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5.L.b
successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary
contained in this Lease, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer
without notice or consent its interest in this Lease to any financing entity, or agent on behalf of
any financing entity, to whom Lessee (i) has obligations for borrowed money or with respect to
guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar
instruments, or(iii) has obligations under or with respect to letters of credit, bankers acceptances
and similar facilities or with respect to guaranties thereof.
(b) Subject to all permits and approvals from all governmental agencies having
jurisdiction thereover, Lessee may lease or license space on the support structure forming a part
of the Lessee Facilities, in its equipment cabinets or elsewhere on the Lessee Facilities to a third
party for installation of transmission, receiving or other types of equipment or facilities, whether C
similar or dissimilar to Lessee's installation, on such terms and conditions as Lessee in its sole a
discretion, desires (a "Third Party Lease"); provided, however, that Lessor shall receive as 0
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additional rent under this Lease, fifty percent (50%) of such Third Party Lease rent actually M
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received by Lessee, and after Lessee has been able to recover all direct and indirect costs of r-
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obtaining the sublease. Any sublessee shall be instructed to pay the foregoing percentage
amount directly to Lessor. Cn
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15. Termination:
This Lease may be terminated without further liability after thirty (30) days prior written M
notice as follows: (i) by either party upon a default of any covenant or term hereof by the other
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party, which default is not cured within sixty (60) days of receipt of written notice of default,
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except that this Lease shall not be terminated if the default cannot reasonably be cured within 0
such sixty (60) day period and the defaulting party has commenced to cure the default within
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such sixty (60) day period and diligently pursues the cure to completion; provided that the grace
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period for any monetary default is ten (10) days from receipt of written notice; or (ii) by Lessee Q
if it does not obtain or maintain any license, permit or other approval necessary for the
construction and operation of the Lessee Facilities; or (iii) by Lessee if Lessee is unable to
occupy and utilize the Premises due to an action of the FCC, including without limitation, a take
back of channels or change in frequencies; or (iv) by Lessee if any environmental report for the
Property reveals the presence of any Hazardous Material after the Commencement Date; or (v)
by Lessee if Lessee determines that the Premises are not appropriate for its operations for
economic or technological reasons, including, without limitation, signal interference. In the
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event that Lessee terminates this Lease prior to the expiration of the Initial Term pursuant to the
terms of paragraph (v) above, Lessee shall pay to Lessor a sum equivalent to three (3) months'
then-current Rent as liquidated damages.
16. Hazardous Materials:
(a) As of the Commencement Date of this Lease: (1) Lessee hereby represents and
warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material (as
defined below) in, on, under, upon or affecting the Premises in violation of any Environmental
Law (as defined below), and (2) Lessor hereby represents and warrants that (i) it has no
knowledge of the presence of any Hazardous Material located in, on, under, upon or affecting the
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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
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owner or operator of the Premises by, any governmental entity or any person or entity claiming
any violation of, or requiring compliance with any Environmental Law for any environmental n
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 N
L
affecting the Property in violation of any Environmental Law. >
(b) Without limitation of Paragraph 1 i above, Lessor and Lessee shall each
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indemnify, defend and hold the other harmless from and against all Losses arising from (i) any
breach of any representation or warranty made in this Paragraph 16 by such party; and/or (ii)
environmental conditions or noncompliance with any Environmental Law that result, in the case Cl)
of Lessee, from operations in or about the Premises by Lessee or Lessee's agents, employees or
contractors, and in the case of Lessor, from the ownership or control of, or operations in or
1
about, the Property by Lessor or Lessor's predecessors in interest, and their respective agents, aD
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employees, contractors, lessees, or invitees. The duties described in this Paragraph 16 shall apply
as of the Commencement Date of this Lease and survive termination of this Lease. Q
(c) "Hazardous Material" means any solid, gaseous or liquid wastes (including
hazardous wastes), regulated substances, pollutants or contaminants, or terms of similar import,
as such terms are defined in any Environmental Law, and shall include, without limitation, any
petroleum or petroleum products or by-products, flammable explosives, radioactive materials,
asbestos in any form, polychlorinated biphenyls and any other substance or material which
constitutes a threat to health, safety, property or the environment or which has been or is in the
10
Lessee Site Name:Medic—Guadalupe Field
I Packet Pg. 187
future determined by any governmental entity to be prohibited, limited or regulated by any
Environmental Law.
(d) "Environmental Law" means any and all federal, state or local laws, rules,
regulations, codes, ordinances, or by-laws, and any judicial or administrative interpretations
thereof, including orders, decrees, judgments, rulings, directives or notices of violation, that
create 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. 2
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17. Interference with Communications:
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The Lessee Facilities shall not unreasonably disturb the communications configurations,
equipment and frequency which exist on the Property on the Commencement Date ("Pre-existing (n
Communications"), and the Lessee Facilities shall comply with all applicable non-interference
rules of the FCC, and the conditions set forth in Administrative Development Permit No. 14-064, N
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 9�
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i shall not permit its lessees or licensees to use any portion of the Property in a way that
unreasonably interferes with the communications operations of Lessee described in Section 4, M
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above. Such interference with Lessee's communications operations shall be deemed a material M
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I breach by Lessor, and Lessor shall have the responsibility to promptly terminate said
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interference. In the event any such interference does not cease promptly, the parties
acknowledge that continuing interference will cause irreparable injury to Lessee, and therefore,
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Lessee shall have the right to bring action to enjoin such interference or to terminate this Lease
immediately upon written notice to Lessor. Notwithstanding the foregoing, Pre-existing
Communications operating in the same manner as on the Commencement Date and in
compliance with applicable FCC non-interference rules shall not be deemed interference.
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
11
Lessee Site Name:Medic—Guadalupe Field
Packet Pg. 188
operations at the Premises for more than forty-five (45) days, then Lessee may, at any time
following such fire or other casualty, provided Lessor has not completed the restoration required
to permit Lessee to resume its operation at the Premises, terminate this Lease upon fifteen (15)
days prior written notice to Lessor. Any such notice of termination shall cause this Lease to
expire with the same force and effect as though the date set forth in such notice were the date
originally set as the expiration date of this Lease and the parties shall make an appropriate
adjustment, as of such termination date, with respect to payments due to the other under this
Lease. Notwithstanding the foregoing, Rent shall abate during the period of repair following
such fire or other casualty in proportion to the degree to which Lessee's use of the Premises is
impaired. ?�
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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 possession,
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whichever occurs first. If as a result of a partial condemnation of the Premises or Property, J
Lessee, in Lessee's sole discretion, is unable to use the Premises for the purposes intended N
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hereunder, or if such condemnation may reasonably be expected to disrupt Lessee's operations at >
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the Premises for more than forty-five (45) days, Lessee may, at Lessee's option, to be exercised
a
in writing within fifteen (15) days after Lessor shall have given Lessee written notice of such
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taking (or in the absence of such notice, within fifteen (15) days after the condemning authority M
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 proceeding
involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs
and its damages and losses (but not for the loss of its leasehold interest). Any such notice of
termination shall cause this Lease to expire with the same force and effect as though the date set
forth in such notice were the date originally set as the expiration date of this Lease and the Q
parties shall make an appropriate adjustment as of such termination date with respect to
payments due to the other under this Lease. If Lessee does not terminate this Lease in
accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of
the Premises remaining, except that the Rent shall be reduced in the same proportion as the
rentable area of the Premises taken bears to the total rentable area of the Premises.
12
Lessee Site Name:Medic—Guadalupe Field
Packet Pg. 189
5 L.b:
20. Miscellaneous:
(a) This Lease constitutes the entire agreement and understanding between the
parties, and supersedes all offers, negotiations and other leases concerning the subject matter
contained herein. Any amendments to this Lease must be in writing and executed by both
parties.
(b) Both parties represent and warrant that their use of the Premises and Property and
their real and personal property located thereon shall be in compliance with all applicable, valid
and enforceable statutes, laws, ordinances and regulations of any competent government
authority.
(c) If any provision of this Lease is invalid or unenforceable with respect to any u-
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party, the remainder of this Lease or the application of such provision to persons other than those
as to whom it is held invalid or unenforceable, shall not be affected and each provision of this
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Lease shall be valid and enforceable to the fullest extent permitted by law.
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(d) This Lease shall be binding on and inure to the benefit of the successors and
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permitted assignees of the respective parties. o
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(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 w
respective parties set forth below:
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Lessor: Lessee:
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City of San Bernardino Los Angeles SMSA Limited Partnership, M
Public Works Department dba Verizon Wireless M
Real Property Section 180 Washington Valley Road E
300 N "D" Street Bedminster,New Jersey 07921
San Bernardino, CA 92418 Attention: Network Real Estate
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Lessor or Lessee may from time to time designate any other address for this purpose by
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written notice to the other party. All notices hereunder shall be deemed received upon actual
receipt or refusal as shown on the receipt obtained pursuant to the foregoing.
(f) This Lease shall be governed by the laws of the State of California. Any legal
proceeding brought to enforce any right, interest, or other demand to this Lease shall be brought
in the courts with jurisdiction in the County of San Bernardino, State of California. The
prevailing party in any legal proceeding to enforce any provision of this Lease shall be entitled to
recover from the losing party reasonable attorney's fees and court costs, including appeals, if
any, in connection with that action. The costs, salary, and expenses of the City Attorney and
13
Lessee Site Name:Medic—Guadalupe Field
Packet;Pg. 190
41000.....r. __ —- —
members of its office in connection with that action shall be considered as "attorney's fees" for
0 the purposes of this Lease.
(g) Lessor agrees to execute and deliver to Lessee a Memorandum of Lease in the
form annexed hereto as Exhibit "D" and acknowledges that such Memorandum of Lease will be
recorded by Lessee in the official records of the County where the Property is located.
(h) In the event the Property is encumbered by a mortgage or deed of trust, Lessor
agrees to provide reasonable cooperation in obtaining and delivering to Lessee an executed 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, Z
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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,
requested or otherwise to be given under this Lease, such party shall not unreasonably delay,
condition or withhold its approval or consent.
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(k) Each of the parties hereto represent and warrant that they have the right, power,
}, legal capacity and authority to enter into and perform their respective obligations under this Cn
Lease. a
(1) The captions and headings in this Lease are for convenience only and in no way
define, limit or describe the scope or intent of any provision of this Lease.
(m) All Exhibits annexed hereto form material parts of this Lease. M
(n) The captions contained in this Lease are inserted for convenience only and are not E
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intended to be part of this Lease. They shall not affect or be utilized in the construction or
interpretation of this Lease. E
(o) Lessor covenants that Lessee, on paying Rent and performing the covenants
herein, shall peaceably and quietly have, hold and enjoy the Premises.
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(p) Lessor represents and warrants to Lessee as of the execution date of this Lease,
and covenants during the term hereof that Lessor is seized of good and sufficient title and interest
to the Property.
(q) The failure of either party to insist upon strict performance of any of the terms or
conditions of this Lease or to exercise any of its rights under this Lease shall not waive such
14
Lessee Site Name:Medic—Guadalupe Field
Packet Pg. 191
rights and such party shall have the right to enforce such rights at any time and take such action
as may be lawful and authorized under this Lease, in law or in equity.
21. Risk to Public Safety or Health:
In the event the FCC, or any successor federal agency thereto, makes a determination
which is final and non-appealable or which is affirmed and becomes final after the exhaustion of
all available appeals concluding that the Lessee's use as set forth in this Lease presents a material
risk to the public health or safety, including, but not limited to radio frequency emissions, either
Lessor or Lessee may terminate this Lease upon ten (10) days' notice to the other party.
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Lessee Site Name:Medic—Guadalupe Field
Packet Pg. 192
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LOS
ANGELES SMSA LIMITED PARTNERSHIP, DBA VERIZON WIRELESS.
IN WITNESS WHEREOF, the parties have executed this Lease on the day and year set
forth at the beginning of this Lease.
LESSOR:
CITY OF SAN BERNARDINO,
a Municipal corporation
By: ?'
ALLEN PARKER, City Manager Q
Date:
ATTEST: '
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GEORGEANN HANNA, City Clerk
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Approved as to form:
GARY D. SAENZ, City Attorney
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LESSEE:
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LOS ANGELES SMSA LIMITED PARTNERSHIP, a 2
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California limited partnership, dba Verizon Wireless
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By: AirTouch Cellular, its General Partner
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BRIAN MECUM
Area Vice President Network
Date:
16
Lessee Site Name:Medic—Guadalupe Field
Packet Pg. 193
EXHIBIT "A"
Legal Description of Property
All that certain real property situated in the County of San Bernardino, State of California,
described as follows:
Parcel A:
Portion of Lot 4 in Block 22 of the Rancho San Bernardino, in the City of San Bernardino,
County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, Page 2,
Records of said County, described as follows:
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Commencing on the East line of said Lot 4, 136 feet North of the North line of Leonard Street
(now Vine Street);
Thence North 148.8 feet to a point 60 feet South of the North line of 8th Street;
Thence West 172.3 feet;
Thence South 148.8 feet; n
Thence East 172.3 feet to the point of beginning.
APN: 0139-281-04 N
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Parcel B:
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That portion of the East half of Lot 4, Block 22 of Five Acre Survey of Rancho San Bernardino,
as per plat recorded in Book 7 of Maps, Page 2, Records of said County, described as follows: M
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Beginning at the point of intersection of the East line of said Lot 4 with the North line of e>
I Leonard Avenue (now Vine Street); M
Thence North along the East line of said Lot 4, 136 feet to a point;
i Thence West to the West line of the East half of said Lot;
Thence South 136 feet along said West line of the East half of said lot to the said north line of
Leonard Avenue (now Vine Street); N
Thence East along said North line of Leonard Avenue (now Vine Street) to the point of
beginning. 2
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APN: 0139-281-45
Assessor's Parcel Number: 0139-281-04 & 0139-281-45
17
Lessee Site Name:Medic—Guadalupe Field
Packet Pg. 194
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EXHIBIT "B"
-Plat showing Leased Area&Access Easement-
-Plat showing Utility Installation Area-
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EXHIBIT "C"
Landscaping Description
CONDITIONS OF APPROVAL
Administrative Development Permit 14-064
15. The applicant/developer shall install three (3) live pine trees adjacent to the monopine.
All live pines shall be of varying heights, with a minimum height of 30 feet. A permanent
and automatic irrigation system shall be installed and permanently maintained for all new
trees. Details on proposed landscaping and irrigation shall be included on plans submitted :
to the Land Development Division for plan check review. 6
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EXHIBIT "D"
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11 20
RECORDING REQUESTED BY
CITY OF SAN BERNARDINO
AND WHEN RECORDED MAIL DOCUMENT TO:
'ITY OF SAN BERNARDINO
CITY CLERK
300 NORTH "D" STREET
SAN BERNARDINO, CA 92418
APN: 0139-281-04 & 0139-281-45
FEE EXEMPT PURSUANT TO
GOV.CODE SECTION 27383 MEMORANDUM OF LEASE
This Memorandum of Lease is entered into this day of , 2015, by and
between the CITY OF SAN BERNARDINO, a municipal corporation, having a mailing address of 300 a
North "D" Street, San Bernardino, California 92418 (hereinafter referred to as `Lessor") and LOS
ANGELES SMSA LIMITED PARTNERSHIP, a California limited partnership dba Verizon Wireless C
having a mailing address of 180 Washington Valley Road, Bedminster, New Jersey 07921, Attention:
Network Real Estate (hereinafter referred to as "Lessee"}. 3
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i. Lessor and Lessee entered into a certain Lease Agreement ("Lease's on the day of N
2015, for the purpose of installing, operating and maintaining a communications a
facility and other improvements with respect to a portion of that certain property located at 780 N c
Roberds Ave, San Bernardino, California 92411, known as Guadalupe Field, legally described on N
Exhibit"A"attached hereto and made a part hereof. All of the foregoing is set forth in the Lease.
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The initial lease term will be five (5) years ("Initial Term") commencing on the first day of the
month following the month in which both Lessor and Lessee have executed the Lease ("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 E
Memorandum of Lease and the provisions of the Lease, the provisions of the Lease shall control. The
Lease shall be binding upon and inure to the benefit of the parties and their respective heirs, successors,
and assigns, subject to the provisions of the Lease. c
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IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year
First above written. a
LESSOR: LESSEE:
CITY OF SAN BERNARDINO, LOS ANGELES SMSA LIMITED PARTNERSHIP,
a municipal corporation a California limited partnership dba Verizon Wireless
By: AirTouch Cellular,its General Partner
ALLEN PARKER,City Manager
By:
BRIAN MECUM
)ate: Area Vice President Network
Date:
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ACKNOWLEDGEMENT OF GRANTOR(S):
notary public or other officer completing this
,rtificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
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. u'
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1 certify nder PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph '
fY g g para ra h is true and correct. �
WITNESS my hand and official seal.
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SEAL:
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Signature
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ACKNOWLEDGEMENT OF GRANTOR(S): a
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is 0)
attached, and not the truthfulness, accuracy, or ti
validity of that document. `a
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STATE OF CALIFORNIA
COUNTY OF } S.S, y
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On before me,
Notary Public,personally appeared w
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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
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s), or the entity on behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct,
WITNESS my hand and official seal.
SEAL:
C ture
Packet,Pg. 202
EXHIBIT "A"
Legal Description of Property
All that certain real property situated in the County of San Bernardino, State of California,
described as follows:
Parcel A:
Portion of Lot 4 in Block 22 of the Rancho San Bernardino, in the City of San Bernardino,
County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, Page 2,
Records of said County, described as follows:
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Commencing on the East line of said Lot 4, 136 feet North of the North Iine of Leonard Street
(now Vine Street);
Thence North 148.8 feet to a point 60 feet South of the North line of 8th Street;
Thence West 172.3 feet;
Thence South 148.8 feet;
Thence East 172.3 feet to the point of beginning.
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APN: 0139-281-04
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Parcel B: >
That portion of the East half of Lot 4, Block 22 of Five Acre Survey of Rancho San Bernardino, �-
as per plat recorded in Book 7 of Maps, Page 2, Records of said County, described as follows:
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Beginning at the point of intersection of the East line of said Lot 4 with the North line of
Leonard Avenue (now Vine Street);
Thence North along the East line of said Lot 4, 136 feet to a point; M
Thence West to the West line of the East half of said Lot; E
Thence South 136 feet along said West line of the East half of said lot to the said north line of
Leonard Avenue (now Vine Street);
Thence East along said North line of Leonard Avenue (now Vine Street) to the point of E
beginning. U
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APN: 0139-281-45 a
Assessor's Parcel Number: 0139-281-04 & 0139-281-45
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� j CITY OF SAN BERNARDINO Proposed Lease Agreement with Verizon
PUBLIC WORKS DEPARTMENT
REAL PROPERTY SECTION Wireless for a monopine cell tower and
nBernar loll appurtenant equipment facility, located at 780 N.
Roberds Avenue (Guadalupe Field).
� Indicates un-incorporated areas within City's
Sphere of Influence
Created by: Ryan Sandoval Packet Pg. 204
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COMMUNITY DEVELOPMENT DEPARTMENT
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BUILDING•CODE ENFORCEMENT•LAND DEVELOPMENT•PLANNING
300 North"D"Street
SanBernardino, CA 92418-0001
►Jan Bernar lno 909.384.5071 Fax 909.384.5155
SM www.sbcity.org
February 3, 2014
Elaine Yang.
Core Communications
2749 Saturn Street
Brea, CA 92821
SUBJECT: ADMINISTRATIVE DEVELOPMENT PERMIT (ADP) 14-064 - A
REQUEST TO CONSTRUCT A WIRELESS TELECOMMUNICATIONS
FACILITY WITH A 58-FOOT TALL MONOPINE TOWER AND
ASSOCIATED GROUND MOUNTED EQUIPMENT WITHIN A 12-FOOT
TALL BLOCK ENCLOSURE LOCATED AT 780 N. ROBERDS AVENUE
(APN: 0139-281-45), IN THE PUBLIC PARK (PP) ZONE,
Dear Ms. Yang:
The Planning Division has completed its review of Administrative Development Permit 14-064,
a request to construct and operate a wireless telecommunications facility with a 58-f6ot tall
monopine tower and associated ground mounted equipment within a 1.2-foot tall block enclosure
located at 780 N. Roberds Avenue. Staff has determined that the proposed project is in
compliance with all applicable standards set forth by Section 19.44.040 in the City of San
Bernardino Development Code regulating proposed permitted development for the type of use,
based on the following findings and attached Conditions of Approval:
1. Develo7oment Code: The use, activity, or improvement(s) proposed by the application is
consistent with the provisions of the Development Code.
The proposed project is permitted in the PP zone and complies with all of the applicable
provisions of the San Bernardino Municipal Code, including structural height. ,setbacks
and screening.
2. General Plan Consistency: The Administrative Development Permit, together with the
provision for its design and improvements, is compatible with the objectives, policies and
general land use programs specified in the General Plan.
Policy 9.8.1 of the Utilities Element states: "provide for the continued development and
expansion of telecommunications systems".
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Approval Leger a
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Goal 2.2 of the Land Use Element states: "Promote development that integrates with and a.
minimizes impacts on surrounding land uses".
The proposed projects consists of a new wireless telecommunications facility with a
monopine camouflage design and associated ground mounted equipment located within a
12-foot tall wrought iron enclosure, located within a grouping of new pine trees. With the
proposed screening, the operation of the wireless facility will have a minimized visual
impact from the public right of way or adjacent properties. Therefore, the proposed
project would be compatible with surrounding land uses and consistent with the General
Plan.
3. CEQA: The approval of the permit is in compliance with the requirements of the
California Environmental Quality Act.
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed
project is categorically exempt under Section 15303 "New construction of small
structures".
4. Provision of Public Access and Services: All required development fees for the provision
of public access and services to ensure public health and safety have or will be paid.
The project is located on an existing developed site for which all applicable development
fees will be paid prior to the issuance of the building permits.
5. Compatibility and General Welfare: The location, size, design, and operating
characteristics of the proposed project will be consistent and compatible within the land
use district,the surrounding general area, and on the subject property.
The design of the proposed project is in compliance with the Development Code
requirements that are applicable to location, size, and design for wireless
telecommunications facilities. The associated monopole will be camouflaged as a pine
tree and will be located adjacent to new pine trees to allow the facility to be located
within a grouping of natural similar objects. The equipment associated with the wireless
telecommunications facility will be housed inside a 12-foot tall block enclosure and will
therefore be hidden from view from the public right-of-way. The proposed facility would
be unmanned, and would not create noise in excess of existing noise levels, nor will it
generate significant additional traffic to the site. Therefore, the project will not create
conditions or situations that may detrimental to the public interest, health, safety,
convenience, or welfare of the City.
Therefore, based on the Findings of Fact in the City of San Bernardino Development Code
Section 19.44.040, ADP 14-064 has been approved, subject to the attached Conditions of
Approval (Attachment A).
The decision of the Director is final unless a written appeal is filed, with the appropriate fee,
within 15 days of this approval action,pursuant to Section 19.52.100 of the Development Code.
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Approval Letter
Page 3
If you have any questions or concerns regarding the approval of ADP 14-064, please contact me
at (909) 384-5313 or martin—tr@sbcity.org.
Respectfully,
f
Travis Martin
Assistant PIanner
Attachments: A. Conditions of Approval
B. Approved Plans
cc: Aron Liang, Senior Planner
Case File
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ATTACHMENT A
a
CONDITIONS OF APPROVAL
Administrative Development Permit 14-064
1. This Administrative Development Permit is an approval to construct and operate a
wireless telecommunications facility with a 58-foot tall monopine tower and associated
ground mounted equipment within a 12-foot tall block enclosure located at 780 N.
Roberds Avenue (APN: 0139-281-45), in the Public Park (PP) zone. All construction
shall be in substantial conformance with the approved plans stamped "Received January
28, 2015"
2. Within two years of the Administrative Development Permit approval, commencement of
construction shall have occurred or the permit/approval shall become null and void. In
addition, if after commencement of construction, work is discontinued for a period of one
year, then the permit/approval shall become null and void. However, approval of the
Administrative Development Permit does not authorize commencement of construction.
All necessary permits must be obtained prior to commencement of specified construction
activities included in the Conditions of Approval.
EXPIRATION DATE: February 3,2017
3. The review authority may grant a time extension, for good cause, not to exceed 12
months. The applicant must file an application, the processing fees, and all required
submittal items, 30 days prior to the expiration date. The review authority shall ensure
that the project complies with all Development Code provisions in effect at the time of
the requested extension.
4. In the event this approval is legally challenged, the City will promptly notify the
applicant of any claim, action or proceeding and will cooperate frilly in the defense of this
matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the
City of San Bernardino (City), any departments, agencies, divisions, boards or
commission of the City as well as predecessors, successors, assigns, agents, directors,
elected officials, officers, employees, representatives and attorneys of the City from any
claim, action or proceeding against any of the foregoing persons or entities. The applicant
further agrees to reimburse the City for any costs and attorneys' fees which the City may
be required by a court to pay as a result of such action, but such participation shall not
relieve applicant of his or her obligation under this condition.
The costs, salaries, and expenses of the City Attorney and employees of his office shall
be considered as "Attorney's fees" for the purpose of this condition. As part of the
consideration for issuing this Administrative Development Permit, this condition shall
remain in effect if the Administrative Development Permit is rescinded or revolted,
whether or not at the request of applicant.
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5. Minor modification to the plans shall be subject to approval by the Director through the a.
Minor Modification Permit process. Any modification which exceeds 15% of the
allowable measurable design/site considerations shall require the refilling of the original
application.
b. The project shall comply with all applicable requirements of the Building and Safety
Division, Fire Department, Police Department, Municipal Water Department, Public
Services Department and the City Clerk's Office/Business Registration Division.
7. The project shall comply with the requirements of other outside agencies, as applicable
(e.g. State Board of Equalization,Federal Communications Commission, etc.).
8. The applicant shall ensure that the communications tower and related equipment shall be
removed within three months after the use is abandoned.
9. The operation of the antenna shall not cause interference with any electrical equipment in
the surrounding neighborhoods (e.g., television, radio, telephone, computer, inclusive of
the City's trunked 800MHz public safety radio system, etc.) or with Police or Fire
Department communications equipment unless exempted by Federal Regulations. If
notified by a City official that the antenna is creating interference with public safety
communications, the use of the antenna shall cease immediately and remain out of use
until the problem is resolved.
10. The facility operator and property owner shall be responsible for regular maintenance of
the project site. The site shall be maintained in a clean condition and free of litter and any
other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed
and cleaned up within 48 hours of receiving notice and the aesthetic appearance of the
faux tree shall be maintained in a condition where it still serves the purpose of disguising
the pole.
11. The equipment enclosure shall be constructed with decorative (split-face or slump stone)
concrete block.
12. The pole shall be a camouflaged as a pine tree with heavy-density branch coverage
(minimum of 100 branches) that shall extend beyond the antennas for adequate
concealment, to the satisfaction of the Director.
13. All antennas and the microwave dish shall be painted to match the monopine branches or
cladding, as appropriate, and be fitted with socks.
14. The pole shall be covered with simulated pine bark cladding.
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ADP 14-064 N
Conditions of'Approval a
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15. The applicant/developer shall install three (4) live pine trees adjacent to the monopine. a
All live pines shall be of varying heights, with a minimum height of 30 feet. A permanent
and automatic irrigation system shall be installed and permanently maintained for all new
trees. Details on proposed landscaping and irrigation shall be included on plans submitted
to the Land Development Division for plan check review.
16. Prior to issuance of a Building Permit, an Erosion/Waste Management Control Plan shall
be submitted to the Land Development Division for review and approval. The plan shall
be designed to control erosion due to water and wind, including blowing dust, during all
phases of construction,
17. Submitted plans shall conform to the 2013 California Building Codes.
18. Submitted plans shall include structural calculations with a wind speed of 110 mph.
19. Submitted plans shall include all necessary engineering calculations and details as needed
for antennas and equipment.
20. Submittal requirements for permit applications with the Building and Safety Division
shall include all Conditions of Approval issued with this approval, printed on the plan
sheets.
21. All Conditions of Approval and Standard Requirements shall be completed prior to final
inspection, sign-off, and before antennas can be activated.
-End of'Conditions of Approval-