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HomeMy WebLinkAbout05.L- Public Works 5.L RESOLUTION (ID # 3742) DOC ID: 3742 C OWN CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Lease From: Tony Frossard M/CC Meeting Date: 05/04/2015 Prepared by: Ryan Sandoval, (909) 384- 5140 Dept: Public Works Ward(s): 6 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 One Thousand (1,000) Total Square Feet of City-Owned Property at Nicholson Park Located at 2750 West 2Nd Street for a Cellular Tower Disguised as a Monopine and Appurtenant Equipment Shelter (APN's 0142-051-13 & 14). (#3742) 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 1,000 total square feet of property at Nicholson Park located at 2750 West 2"d Street, (APN's 0142-051-13 & 14), 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. There is currently one other cell tower disguised as a mono- pine at this site just south of this proposed area. 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% Updated: 4/30/2015 by Georgeann "Gigi" Hanna C I Packet Pg. 375 5.L 3742 increase each annual anniversary of the commencement date. The term of the lease 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. Construction of the cell tower at Nicholson Park 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. 14-065 (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 3742 (PDF) Vicinity Map - Nicholson Park (PDF) CD Approval Letter - ADP 14-065(PDF) Resolution - Attachment "1" - Lease (DOCX) Updated: 4/30/2015 by Georgeann "Gigi" Hanna C Packet Pg. 376 I 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 ONE THOUSAND (1,000) TOTAL 5 SQUARE FEET OF CITY-OWNED PROPERTY AT NICHOLSON PARK LOCATED AT 2750 WEST 2ND STREET FOR A CELLULAR TOWER DISGUISED AS A 6 MONOPINE AND APPURTENANT EQUIPMENT SHELTER (APN's 0142-051-13 & 7 14). 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE a CITY OF SAN BERNARDINO AS FOLLOWS: c 9 0 N SECTION 1. The City Manager is hereby authorized and directed to execute on behalf 10 Z 11 of the City a Lease Agreement between the City of San Bernardino and Los Angeles SMSA 12 Limited Partnership (dba Verizon Wireless) for the lease of 1,000 total square feet of City- c 0 13 owned property at Nicholson Park located at 2750 West 2°d Street (APN's 0142-051-13 & 14), 14 a copy of which is attached hereto, marked as Attachment "1", and incorporated herein by this � a 15 reference. 16 17 SECTION 2. The authorization to execute the above-referenced agreement is M 0 18 rescinded if the parties to the agreement fail to execute it within ninety (90) days of the 0 N 19 passage of this resolution. 20 4) 21 22 23 24 25 26 27 28 Packet Pg.377 5.L.a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 1 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LOS ANGELES SMSA LIMITED 2 PARTNERSHIP(DBA VERIZON WIRELESS)FOR THE LEASE OF ONE THOUSAND(1,000)TOTAL SQUARE FEET OF CITY OWNED-PROPERTY AT NICHOLSON PARK LOCATED AT 2750 WEST 3 2ND STREET FOR A CELLULAR TOWER DISGUISED AS A MONOPINE AND APPURTENANT 4 EQUIPMENT SHELTER(APN's 0142-051-13& 14). 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting 7 thereof,held on the day of , 2015, by the following vote, to wit: 8 a. Council Members: AYES NAYS ABSTAIN ABSENT o 9 N 0 10 MARQUEZ Z 11 BARRIOS y 12 VALDIVIA J c 13 " SHORETT 14 N NICKEL a. 15 16 JOHNSON ti 17 MULVIHILL 0 w 18 0 19 Georgeann Hanna, City Clerk 20 The foregoing resolution is hereby approved this day of 52015. E 21 a 22 23 R. CAREY DAVIS, Mayor City of San Bernardino 24 Approved as to form: 25 GARY D. SAENZ, City Attorney 26 By: 27 28 Packet Pg.378 5.L.a 1 ATTACHMENT 461" 2 -Lease Agreement- 3 4 5 6 7 8 a O 9 N O 10 [See attached] u 'z 11 v 12 O 13 L d 14 Cn 15 N 16 ti 17 0 r 18 0 N 19 20 E 21 a 22 23 24 25 26 27 28 Packet Pg. 379 Site: Wigwam Nicholso= APN: 0142-051-13 &0142-051-14 LEASE THIS LEASE ("Lease"), is made and entered into this day of , 2015, by and between the CITY OF SAN BERNARDINO, a municipal corporati©n, hereinafter referred to as "Lessor", and LOS ANGELES SMSA LIMITED PARTNERSHIP, a California limited partnership, dba Verizon Wireless,hereinafter referred to as "Lessee". RECITALS L a This Lease is made and entered into with respect to the following facts: 0 N (a) Lessor is the owner of that certain real property herein described. 'z (b) Lessee has requested permission to construct a mobile/wireless communications facility to be located at Nicholson Park ("Property"), 2750 West 2"a Street Street, City of San c 0 N Bernardino, CA (APN 0142-051-13 & 14), which Property is more particularly described in Cn Exhibit"A"attached hereto,and Lessor is willing to lease a portion of the Property to Lessee upon n: the terms and conditions hereinafter set forth. N v (c) Lessee believes that the facilities will not interfere with the City of San Bernardino N ti Department of Parks and Recreation's operations or the public's use of Nicholson Park. r E L (d) This Lease is conditioned upon Lessee, or Lessee's assigns, obtaining all M r c governmental permits and approvals enabling Lessee, or its assigns to construct and operate E U fa mobile/wireless communications facilities on the Premises(as defined below). a NOW THEREFORE, the parties hereto agree as follows: I. Property Leased: (a) Lessor hereby leases to Lessee, and the Lessee hereby leases from Lessor, ground 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"), p lus a second parcel of t_ ground space measuring approximately ten feet by ten feet (10' x 10') and containing Packet Pg.380 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 Space, and any appurtenant facilities and applicable easements for access and utilities as described herein are collectively defined as the"Premises." 2. Term: (a) The term of this Lease shall be five (5) years ("Initial Term), commencing on the a c first day of the month following the month in which both Lessor and Lessee have executed this N 0 U Lease("Commencement Date"). z w (b) Lessee shall have the right to extend the term of this Lease for three (3) additional J terms of five (5) years each ("Renewal Term(s)"). Each Renewal Term shall be on the terms and N L conditions set forth herein. This Lease shall automatically be extended for each Renewal Term. In N or the event the Lessee decides not to extend this Lease,then Lessee shall notify the Lessor in writing W N of Lessee's intention not to extend this Lease at least ninety(90)days prior to the expiration of the M N Initial Term or then-current Renewal Term. ti M 3. Lease Payments: a� (a) Lessee shall pay Lessor the sum of Two Thousand One Hundred and 00/100 E Dollars ($2,100.00) in addition to Lessee's obligation to pay rent, for a document preparation fee U r Q 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. (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 2 File No.: 15.06-176 _ Packet Pg.381` (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. 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 a Lessor may, from time to time, designate such other addresses or entity to receive Rent payments o N O due hereunder, which designation shall be made in writing at least thirty (30) days in advance of 'z any Rent payment date by notice given in accordance with Paragraph 20 below. N W (c) Rent shall be increased on each yearly anniversary of the Rent Start Date by an 0 N amount equal to four percent (4%) of the Rent then in effect for the previous year. U) 4. Use Restrictions: n: The Premises may be used by Lessee for any lawful activity in connection with the ti M provision of mobile/wireless communications services, including without limitation, the N v ti transmission and the reception of wireless communication signals on various frequencies, and the L testing, investigation, construction;, maintenance and operation of related communications 0 r facilities. Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for E U iC and obtaining all licenses,permits and any and all other necessary approvals that may be required a for Lessee's intended use of the Premises. 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 3 File No,: 15.06-176 Racket Pg.382 ("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 Lessee determines that the Premises are unsuitable for Lessee's contemplated use,then Lessee shall notify Lessor and this Lease shall terminate. Lessee shall repair any damage to the Premises caused by Lessee and shall restore the Premises to the condition existing prior to conducting the Tests. a C (b) Lessee shall have the right to construct, erect, maintain, operate and remove 0 t mobile/wireless communications facilities on the Premises,including but not limited to an antenna Z a� tower or pole and foundation,utility lines,transmission lines,air conditioned equipment shelter(s), J electronic equipment, transmitting and receiving antennas, a standby power generator and N L d generator pad, and supporting equipment, structures and improvements (collectively, "Lessee N Facilities"). In connection therewith,Lessee has the right to do all work necessary to prepare,add, 0� N maintain and alter the Premises for Lessee's operations and to install utility lines and transmission M N lines connecting antennas to transmitters and receivers. All of Lessee's construction and ti M installation work shall be performed at Lessee's sole cost and expense and in a good and E workmanlike manner. Lessee shall hold title to the Lessee Facilities and all of the Lessee Facilities E shall remain the property of Lessee and shall not be deemed fixtures. Lessee has the right to w w a 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 an shelters or base station equipment shall not be Y q 4 File No.: 15.06-176 Packet Pg. 383 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 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, access a c to the Premises across the Property twenty-four (24) hours a day, seven (7) days a week, at no 0 t charge to Lessee.Lessor represents and warrants that it has full rights of ingress to and egress from .z a� said Premises over the Property, and shall allow Lessee access from the nearest public roadway to J C the Premises at all times,and hereby grants such non-exclusive ingress and egress rights to Lessee N i along a twelve foot (12') wide right-of-way extending from the nearest public right-of-way to the N Premises as further described in Exhibit "B", to the extent required to construct, erect, maintain, W N install,remove and operate the Lessee Facilities on the Premises. Lessee shall repair any damages M N Lessee, its agents, employees, officers, or contractors cause to said above- described ingress and ti M E egress area. CD ca (d) In connection with obtaining the governmental approvals required for construction E of the Lessee Facilities, Lessee shall be required to install the landscaping("Landscaping")per the @ r w a Conditions of Approval for Administrative Development Permit 14-065 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. w 5 File No.: 15.06-176 Packet Pg.384 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 a 0 representative of Lessee. N 0 s _U 7. Utilities: z d Lessee shall have the right to install utilities, at Lessee's expense, and to improve the c present utilities on or near the Premises(including,but not limited to the installation of emergency 0 L power generators) , subject to Lessor's approval of the location, which approval shall not be N unreasonably withheld or delayed. In connection therewith, Lessee shall have the right to install 0� N along the perimeter of the Equipment Space a power panel and telco board, as more particularly M N described and depicted on Exhibit"B". M Lessee shall pay for all electricity, gas,water,telephone service, and all other services and E a� �a utilities required for the Lessee Facilities, including service installation fees and charges for such a E utilities, used by Lessee during the term of this Lease. w a 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 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 6 File No.: 15.06-176 Packet Pg.385 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 which may be levied against Lessee by virtue of the installation , ownership, use, or operation of Lessee's leasehold improvements at the Property. (b) Lessor shall pay when due all real property taxes for the Property, including the a c Premises. In the event that Lessor fails to pay any such real property taxes or other fees and y 0 s assessments, Lessee shall have the right, but not the obligation, to pay such owed amounts and Z d deduct them from Rent amounts due under this Lease. Notwithstanding the foregoing, Lessee J shall pay any personal property tax,real property tax or any other tax and/or fee which are directly N L attributable to the presence or installation of the Lessee's 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 W N Lessee the right to challenge, whether in a Court, Administrative Proceeding, or other venue, on M N behalf of Lessor and/or Lessee, any personal property or real property tax assessments that may ti M a.. affect Lessee. If Lessor receives notice of any personal property or real property tax assessment E rn �a against the Lessor, which may affect Lessee and is directly attributable to Lessee's installation, E Lessor shall provide timely notice of the assessment to Lessee sufficient to allow Lessee to Y Y a 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. 10. Liability Insurance: Lessee agrees to procure and maintain in force during the term of this Lease and any t extension,at Lessee's sole cost and expense,the following insurance from companies with an A.M. 7 File No.: 15.06-176 Packet Pg.386 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) Commercial General Liability with limits of Five Million Dollars($5,000,000.00)per 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 any master policy of liability insurance Lessee may maintain,(2) Automobile Liability with a combined single limit a c of One Million Dollars ($1,000,000.00) per accident, and (3) Worker's Compensation Insurance N 0 as required by law and Employers' Liability with limits of One Million Dollars ($1,000,000.00) Z d per occurrence. Lessee shall provide to Lessor a certificate of insurance and name Lessor as an M additional insured for the general liability policy, which certificate provides: N L (a) Additional insured: "The City of San Bernardino and its elected and appointed N boards,officers, agents, and employees are additional insured with respect to this contract with the N d' City." (b) The certificates shall include the insurance company name, policy number, period M of coverage, and the amount of insurance. E i� (c) That the Real Property Section of the Public Works Department of the City of San E Barnardino must be given notice in writing at least thirty (30) days prior to cancellation or w a 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. 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 8 File No.: 15.06-176 Packet Pg.387 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 in or about the Premises or Property, except to the extent caused by the negligence or willful misconduct of the party to be indemnified, or such party's agents, 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, a employees, representatives or contractors against any and all claims, suits, damages for bodily N 0 U injury, including death, property damage, demands, loss or liability of any kind or nature z as ("Claims") to the extent arising from or related to Lessee's operations under this Lease and except J to the extent any Claims arise out of the negligence or misconduct of Lessor, its agents, officers, N L d employees,representatives or contractors. The duties described in this Paragraph 11 shall apply as N of the Commencement Date of this Lease and shall survive the termination of this Lease. W N (b) Neither Party shall be liable to the other, or to any of their respective agents, ti M N representatives, officers or employees for any lost revenue, lost profits, loss of technology, rights M or services, incidental, punitive, indirect, special or consequential damages, loss of data, or a� M interruption or loss of use or service, even if advised of the possibility of such damages, whether E under theory of contract, tort(including negligence), strict liability or otherwise. w a 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 the Lessor from any and all liability for any such taxes due during the Lease term pursuant to Paragraph 9, Permits and Fees above. 9 Pile No.: 15.06-176 Packet Pg.388 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 remove the same at any time without Lessor's consent. (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 Facilities ("Collateral") with a third party financing entity (and may in the future enter into additional a c financing arrangements with other financing entities). In connection therewith,Lessor(i)consents 0 to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or Z d otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, J levy, attachment, or distress for any Rent due or to become due and that such Collateral may be 0 L d removed at any time without recourse to legal proceedings. N 14. Assi n rent and Subletting: N (a) Lessee may not assign all or any part of its interest in this Lease or in the Premises M without the prior written consent of Lessor; provided, however, that Lessee may assign without ti M notice to Lessor its interest to its parent company, any subsidiary or affiliate of it or its parent E CD company, or to any entity which acquires all or substantially all of Lessee's assets in the market E defined by the Federal Communications Commission("FCC")in which the Property is Iocated by 0 Q 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 10 File No.: 15.06-176 Packet Pg.389 VL 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 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 a c 0 with respect to guaranties thereof. N 0 t (b) Sublease - Subject to all permits and approvals from all governmental agencies z d having jurisdiction thereover,Lessee may lease or license space on the support structure forming a J part of the Lessee's Facilities, in its equipment cabinets or elsewhere on the Lessee Facilities to a 0 L 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 Lessee in its W N sole discretion, desires (a "Third Party Lease"); provided, however, that Lessor shall receive as M N additional rent under this Lease, fifty percent (50%) of such Third Party Lease rent actually ti M a.+ received by Lessee, and after Lessee has been able to recover all direct and indirect costs of E a� obtaining the sublease. Any sublessee shall be instructed to pay the foregoing percentage amount d E directly to Lessor. a 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 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 11 File No.: 15.06-176 Packet Pg.390 (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 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 a c determines that the Premises are not appropriate for its operations for economic or technological N 0 _ reasons, including,without limitation, signal interference. In the event that Lessee terminates this Z a� Lease prior to the expiration of the Initial Term pursuant to the terms of paragraph (v) above, J Lessee shall pay to Lessor a sum equivalent to three (3) months' then-current Rent as liquidated N Q damages. Cn a: 16. Hazardous Materials: N (a) As of the Commencement Date of this Lease: (1) Lessee hereby represents and M N warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material (as ti M defined below) in, on, under, upon or affecting the Premises in violation of any Environmental E 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 Q 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 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 12 File No.: 15.06-176 Packet Pg.391 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 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 of Lessee, from operations in or about the Premises by Lessee or Lessee's agents,employees or contractors, and in a c 0 the case of Lessor, from the ownership or control of, or operations in or about, the Property by o s U Lessor or Lessor's predecessors in interest, and their respective agents, employees, contractors, z N lessees,or invitees. The duties described in this Paragraph 16 shall apply as of the Commencement c Date of this Lease and survive termination of this Lease. 0 N L d (c) "Iazardous Material" means any solid, gaseous or liquid wastes (including N hazardous wastes),regulated substances,pollutants or contaminants,or terms of similar import,as W N such terms are defined in any Environmental Law, and shall include, without limitation, any M N petroleum or petroleum products or by-products, flammable explosives, radioactive materials, M r asbestos in any form, polychlorinated biphenyls and any other substance or material which E L w constitutes a threat to health, safety, property or the environment or which has been or is in the E future determined by any governmental entity to be prohibited, limited or regulated by any a Environmental Law. (d) "E'nvironmental 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, impairm ent or disruption, includin g,without limitation laws governing the existence s use storage, 13 File No.: 15.06-176 Packet Pg.392 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: Lessee's Facilities shall not unreasonably disturb the communications 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 non-interference a rules of the FCC, and the conditions set forth in Administrative Permit No. 14-065, regarding the N 0 City's public safety transmissions (provided the conditions are not within the exclusive Z d jurisdiction of the FCC or other Federal agency or department). Lessor shall not and shall not J permit its lessees or licensees to use any portion of the Property in a way that unreasonably N •L a� interferes with the communications operations of Lessee described in Section 4, above. Such > U) interference with Lessee's communications operations shall be deemed a material breach by N Lessor, and Lessor shall have the responsibility to promptly terminate said interference. In the M event any such interference does not cease promptly, the parties acknowledge that continuing M interference will cause irreparable injury to Lessee, and therefore, Lessee shall have the right to E bring action to enjoin such interference or to terminate this Lease immediately upon written notice E to Lessor. Notwithstanding the foregoing, Pre-existing Communications operating in the same r r a 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 14 File No.: 15.06-176 Packet Pg.393 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 dote of this Lease and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments clue to the other under this Lease. Notwithstanding the a foregoing, Rent shall abate during the period of repair following such fire or other casualty in 0 proportion to the degree to which Lessee's use of the Premises is impaired, z N 19. Condemnation: In the event of any condemnation of all or any portion of the Property, this Lease shall N L d terminate as to tiie part so taken as of the date the condemning authority takes title or possession, > whichever occurs first. If as a result of a partial condemnation of the Premises or Property, Lessee, W N in Lessee's sole discretion, is unable to use the Premises for the purposes intended hereunder,or if M N such condemnation may reasonably be expected to disrupt Lessee's operations at the Premises for ti M r.+ more than forty-five (45) days, Lessee may, at Lessee's option, to be exercised in writing within a) fifteen (15) days after Lessor shall have given Lessee written notice of such taking (or in the E absence of such notice, within fifteen (15) days after the condemning authority shall have taken a possession) terminate this Lease as of the date the condemning authority takes such possession. Lessee may on it> 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 parties shall make an appropriate 1 15 File No.: 15.06-175 Packet Pg.394 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. M Miscellaneous: (a) This Lease constitutes the entire agreement and understanding between the parties, a C and supersedes all offers, negotiations and other leases concerning the subject matter contained N 0 t herein. Any amendments to this Lease must be in writing and executed by both parties. Z d (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 N L QD 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 party, N the remainder of this Lease or the application of such provision to persons other than those as to M whom it is held invalid or unenforceable, shall not be affected and each provision of this Lease M shall be valid and enforceable to the fullest extent permitted by law. a� (d) This Lease shall be binding on and inure to the benefit of the successors and E permitted assignees of the respective parties. a (e) iLny 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: 16 File No.: 15.06-176 Packet Pg. 395 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 Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt or a c refusal as shown on the receipt obtained pursuant to the foregoing. N 0 t (f) This Lease shall be governed by the laws of the State of California. Any legal z w proceeding brought to enforce any right, interest, or other demand to this Lease shall be brought in J the courts with jurisdiction in the County of San Bernardino, State of California. The prevailing N L d 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 W N connection with that action. The costs, salary, and expenses of the City Attorney and members of M N his office in connection with that action shall be considered as"attorney's fees"for the purposes of M this Lease. (g) Lessor agrees to execute and deliver to Lessee a Memorandum of Lease in the form E annexed hereto as Exhibit "D" and acknowledges that such Memorandum of Lease will be w a 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. 17 File No.: 15.06-176 Packet Pg. 3 66 {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. 0) 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. (k) Each of the parties hereto represent and warrant that they have the right, power, C legal capacity and authority to enter into and perform their respective obligations under this Lease. 0 s (1) The captions and headings in this Lease are for convenience only and in no way Z d define, limit or describe the scope or intent of any provision of this Lease. J (m) All Exhibits annexed hereto form material parts of this Lease. N 1- CD (n) The captions contained in this Lease are inserted for convenience only and are not > CO intended to be part of this Lease. They shall not affect or be utilized in the construction or N interpretation of this Lease. (o) Lessor covenants that Lessee,on paying Rent and performing the covenants herein, M shall peaceably and quietly have, hold and enjoy the Premises. E (p) Lessor represents and warrants to Lessee as of the execution date of this Lease,and d E covenants during the term hereof that Lessor is seized of good and sufficient title and interest to the r w a 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 rights and such party shall have the right to enforce such rights at any time and take such action as may be lawful and authorised under this Lease,in law or in equity. Q 18 File No.: 15.06-176 Packet Pg.397 ' 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. L �Q a C [Signatures begin on next page] 0 _N O t Ci Z d N fC d J C O N d CO n: N I, I,- M N ti M E L i- d E V w Q 19 File No.: 15.06-176 Packet Pg. 398 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 L By: r- ALLEN PARKER, City Manager U) 00 Date: " z d ATTEST: 0 N • �L GEORGEANN HANNA, City Clerk j co n: Approved as to form: GARY D. SAENZ, City Attorney N B 04 ti v ti M LESSEE: a� LOS ANGELES SMSA LIMITED PARTNERSHIP, a California limited partnership, dba Verizon = Wireless �a a By: AirTouch Cellular,its General Partner By: BRIAN MECUM Area Vice President Network Date: 20 File No.: 15.06-176 Packet Pg. 399 EXHIBIT "A" Legal Description of Property Parcel 1: The South 5 acres of the East 1/2 of Farm Lot 78, Town of Rialto and adjoining Subdivision, in the City of San Bernardino, County of San Bernardino, State of California, as per plat thereof recorded in Book 4 of Maps, Page 11, Records of said County. Y CL Parcel 2: _ 0 N The East 1/2 of Farm Lot 78, Town of Rialto and adjoining Subdivision, in the City of U San Bernardino, County of San Bernardino, State of California, as per plat thereof 'z recorded in Book 4 of Maps,Page 11, Records of said County. N f0 Excepting therefrom the South 5 acres. -' 0 N APN: 0142-051-13 and 0142-051-14 0 (End of Legal Description) a a' N ti M N ti M E L r C N E .0 V tC w r Q 21 File No.: 15.46-176 Packet Pg.400` EXHIBIT "B" -Plat showing Leased Area& Access Easement -Plat showing Utility Installation Area L M M C 0 W 0 s Z [See Attached] m J C O N t n. N d' ti M N ti M E L 0 M W d E U l4 w r Q 07/28x"2009 22 File No.: 15.06-164 Packet Pg.401 } anN3AV NVIQI'd3W ..........................................._.._._ _.._.... ..._.__.......................... _. Y td I a k I ! z N JJ s rev i j t a 11 ; J 5...... t ,^ ',.'o' !,j �� i " ' t ..... __.,........� i ... ._ 1 i '4,� A N 4 i ` rr � 1 ......................i : 1 A9� Y L..}.. y.A. s f iii t I s4� �� r 1," �,f `1 J �3 >� it LN X� 1 yy55 _.....•'l i• F if 1' 4 �L Y a : i I I r I 1 •.,.•,\ IQb SS3:)DV -L-IVHdSV JNIISIX3 w� 1 1 � W rs � �>I Q Packet pg.402 •�' dam �� � �"�" ���; � � �x� � �� aq y ry t ; Nww m 1 !�• H o 4 s 1. j 1 a0 �,,i ` �Y a '"•,. „i. At k TtTh [Ii�e.•�r.�Efi,'L'�KI� TP�Tt�h,�_..^^a r-..-+ Cai' '1 �Ch� M li t (V � �,tr i:, � :., MF Lt, T' }h x^,x:,-.":7.•;•:.'c+:SC's;:i',L'v�"�".,��T""''�'.:t7 ! �^'', t _ �� _.l i: k 6 , 9p @qyyq� V`. b: qY• rh \. 1 Q Packet Pg.,03 a 0 yy R N 14.1 V b3 1 a oXyy ' O V � � W N P� € w f Oil N E .. Cl) ..:3i t 4 111 q ti - E 4 .i ...-'"..fit�,. .✓, s� !�� r-�*� �yA }txbg sr Q o- Packet'Pg.404 M HIR Oct 1 1+ k 4 • $ t E g>~ y L y3` >t i $ ! 2 Ew� yg till "ri " a �k i "'n- AY'$pry y� l�• U ,y:` 4 Y `� am > d �j }.r.. I ON'veM. t I i ^ ll P {t Iitt � N tB •: ,eac..� .w�i. .w�,',� c�+tse �axa F �wr�" a4wr, ws++Y yg E rll�' "yti., :'.;i...... 'g:''.1�4^,��'''kS ��.,'�y� '�� ��. mm•"''rr��.F ',:�.s"'::`�': xw. ,Y ay..-..�, �& rte.+ vh I Fn. ;Z 11K f ,k ; >� I Ile Packet Pg.405 tl LU i. ( { t a. r Z1� . :... .......:., :r +'�.:w .•'�: �Nrw,� tX,r':^ Xis�. ,xsYw k>'' :.` ,.. j sx; E E : 4W �tQ � W0.W�. ♦ W3^�`RY°.1.:.: N�'. s,� v h 1 1 4kM' 3,•S^ � p�Y j $ } . u? �l _Packet Pg.406 5 L.b 9 U C a a V GFy d L d 0 0 N i V @ # & Z g ,N FY , *4 T� "A 4 .. 0 - N w N er, Y „� �At�a�aA"t.a N iarm� E r Packet Pg.407 a a w F L b 3§ Y to fII a c gg O age I E 4 s C n ;r t }i E z -v + C O x yy 8� Net �Y is 4 v Y4 Y4Ls R _ M �. . 3 E I .wt 1, y9 4 t" 'rfe LAI AON + 8� F: �s z o $ �� i eft W 'FY Packet Pg.408 EXHIBIT "C" Landscaping Description CONDITIONS OF APPROVAL Administrative Development Permit 14-065 15. The applicant./developer shill install three (3) live pine trees adjacent to the monopine. All live Dines shall be of varying heights, with a nfanimum height of 30 feet. A permanent and automatic, irrigation system shall be installed and permanently maintained f'or all nern trees. Details on proposed landscaping and irrigation shall be included on plans submitted to the Land Development Division for plan check review. a O _N O s Z d U) d J _ O N .i IY N d' ti M N ti CO) E L _ E s r Q 30 File No.: 15.06-176 Packet Pg.409 L IL c O 0 s U_ Z d J C O N �L a N et M N ti M E L E V i+ a 31 File No.: 15.06-176 Packet Pg.410; F o r hol " � a �� Rig, J Ml a, � CL MAI 1 24 . pL M @c�. y.y t gift:. u o Lit tit iiR H bb ' c 'y ~ M qi� d' rayn:"a.��'6'" i":;;�'•d`4';°'"".w"".,�'"i..:e d , j u Packet Pg.411 g 47 LMtb k.q�; gffi t0 c 0 N s N 4 `G1 ! � � !aT n rK���t���.`��M�-•.y".a l,'^�,�.�"-a ~;.'^�, -`'.�Mr�,�+4=`+�..�`:. ..`��� � t .!•+ E j J fQ 77.zi ! s �� 4a to Packet Pg.4 22 EXHIBIT 66D" -Memorandum of Lease- . � L a c O 0) 0 s z [See Attached] N m J C O N n. N ti M N ti M L i/ d E U f0 Q 34 File No.: 15.46-176 Packet Pg. 413 RECORDING REQUESTED BY 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: 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 North "D" Street, San Bernardino, California 92418 (hereinafter referred to as "Lessor'} and LOS a ANGELES SMSA LIMITED PARTNERSHIP, a California limited partnership dba Verizon Wireless o having a mailing address of 180 Washington Valley Road, Bedminster, New Jersey 07921, Attention: 0 Network Real Estate (hereinafter referred to as "Lessee'. 'z 1. Lessor and Lessee entered into a certain Lease Agreement ("Lease's on the day of y 2015,. for the purpose of installing,operating and maintaining a communications J facility and other improvements with respect to a portion of that certain property located 2750 West 2nd o Street in the City of San Bernardino, known as Nicholson Park (APN 0142-051-13 & 14), legally described on Exhibit"A" attached hereto and made a part hereof. All of the foregoing is set forth in the > Lease. Cn n: 2. The initial lease term will be five (5) years ("Initial Term") commencing on the first day of the Ix 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. M N 3. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or M 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 parties and their respective heirs, successors, d and assigns, subject to the provisions of the Lease. _ U t4 IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year a first above written. 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 Area Vice President Network Date: Date: Packet Pg.414 ACKNOWLEDGEMENT OF GRANTOR(S): 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 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 an 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)o the instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. CL I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. N 0 WITNESS my hand and official seal. _ V Z SEAL: 0 Signature 0) c 0 N L `Q ACKNOWLEDGEMENT OF GRANTOR(S): CC d o! A notary public or other officer completing this N certificate verifies only the identity of the individual ti who signed the document to which this certificate is =' attached,and not the truthfulness,accuracy,or validity v of that document. Cl) >_ L STATE OF CALIFORNIA 0 COUNTY OF } S.S. m On before me, E t U Notary Public,personally appeared r 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 an( Q 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)or 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: Signature Packet Pg.415 EXHIBIT "A" Legal Description — Parcel l: The South 5 acres of the East 1/2 of Farm Lot 78, Town of Rialto and adjoining Subdivision, in the City of San Bernardino, County of San Bernardino, State of California, as per plat thereof recorded in Book 4 of Maps, Page 11, Records of said County. Parcel 2: The East 1/2 of Farm Lot 78, Town of Rialto and adjoining Subdivision, in the City of San Bernardino, County of San Bernardino, State of California, as per plat thereof recorded in Book 4 of Maps, Page 11, Records of said County. a Excepting therefrom the South 5 acres. ° 0 U APN: 0142-051-13 and 0142-051-14 z (End of legal Description) d N t4 U J C O N L a N d' ti M N d' ti M E L d E U Y Q Packet Pg.416 ; S.L.c �a v m Q 7- c (L 215 c O ke _N 0 . add// O 330 V e� = 40th St. Z iv N Marshall Blvd. ea O J 210 O 259 N Highland Ave. a 7 m Base Line St. `-1J n tl 9th St N I- 5th St. — ¢ M 1 0 c� Rialto Ave. P � d 215 Q c Mill St. 1173 o N U U 210 _ a L3 Orange how Rd. ° Z , ,o Q tC X G .0 Location of w Proposed Lease E Area VICINITY MAP `W NTS J CITY OF SAN BERNARDINO Proposed Lease Agreement with Verizon PUBLIC WORKS DEPARTMENT Wireless for a mono pine cell tower and Sno Ilernar inn REAL PROPERTY SECTION p appurtenant equipment facility, located at 2750 W. 2nd Street (Nicholson Park). ® Indicates un-incorporated areas within City's Sphere of Influence Created by: Ryan Sandoval Packet Pg.417 5.L.d COMMUNITY DEVELOPMENT DEPARTMENT BUILDING•CODE ENFORCEMENT•LAND DEVELOPMENT•PLANNING 300 North"D" Street San Bernardino, CA 92418-0001 San Bernar ino 909.384.5071 Fax 909.384.5155 L sM www.sbcity.org January 27, 2014 0 James Rogers Z Smartlink, LLC 18301 Von Karmen, Suite 910 M Irvine, CA 92612 J _ 0 SUBJECT: ADMINISTRATIVE DEVELOPMENT PERMIT (ADP) 14-065 - A REQUEST TO CONSTRUCT A WIRELESS TELECOMMUNICATIONS > FACILITY WITH A 75-FOOT TALL MONOPINE TOWER AND ASSOCIATED GROUND MOUNTED EQUIPMENT WITHIN AN 8-FOOT TALL WROUGHT IRON ENCLOSURE LOCATED AT 2750 W. 2"D N STREET(APN: 0142-051-14), IN THE PUBLIC PARK(PP) ZONE M Dear Mr. Rogers: c v The Planning Division has completed its review of Administrative Development Permit 14-065, o a request to construct and operate a wireless telecommunications facility with a 75-foot tall a monopine tower and associated ground mounted equipment within an 8-foot tall wrought iron enclosure located at 2750 W. 2"a Street. 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, o based on the following findings and attached Conditions of Approval: Q a 1. Development Code: The use. activity, or improvement(s) proposed by the application is U consistent with the provisions of the Development Code. a� 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. a 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". Packet Pg. 418 ADP 14-065 Approval Letter Page Goal 2.2 of the Land Use Element states: "Promote development that integrates with and 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 an 8-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 Y impact from the public right of way or adjacent properties. Therefore, the proposed CO project would be compatible with surrounding land uses and consistent with the General = 0 Plan. 0 0 3. CEQA: The approval of the permit is in compliance with the requirements of the Z California Environmental Quality Act. N t9 Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed � project is categorically exempt under Section 15303 "New construction of small 0 structures". c, 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. N The project is located on an existing developed site for which all applicable development M fees will be paid prior to the issuance of the building permits. to 0 5. Compatibility and General Welfare: The location, size, design, and operating r characteristics of the proposed project will be consistent and compatible within the land o use district, the surrounding general area, and on the subject property. a The design of the proposed project is in compliance with the Development Code r requirements that are applicable to location, size, and design for wireless J 0 telecommunications facilities. The associated monopole will be camouflaged as a pine o tree and will be located adjacent to new pine trees to allow the facility to be located a within a grouping of natural similar objects. The equipment associated with the wireless telecommunications facility will be housed inside an 8-foot tall wrought iron enclosure v 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, w convenience, or welfare of the City. Q Therefore, based on the Findings of Fact in the City of San Bernardino Development Code Section 19.44.040, ADP 14-065 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. Packet Pg.419 ADP l4-065 Approval Letter AV Page 3 If you have any questions or concerns regarding the approval of ADP 14-065, please contact me at(909) 384-5313 or martin_tr @sbcity.org. Respectfully, Y Travis Martin CL Assistant Planner e 0 Attachments: A. Conditions of Approval B. Approved Plans 'z d cc: Aron Liang, Senior Planner d Case File —' C O N �L I N)N Ll� a N LO w O r a 0 Q L d J cv O L Q Q Q 0 U Y U R Q l�f� lll�l�'II'��I�`�J�pfJIIIIIMIII��III�� ATTACHMENT A CONDITIONS OF APPROVAL Administrative Development Permit 14-065 1. This Administrative Development Permit is an approval to construct and operate a wireless telecommunications facility with a 75-foot tall monopine tower and associated ground mounted equipment within an 8-foot tall wrought iron enclosure located at 2750 Y W. 2"d Street(APN: 0142-051-14), in the Public Park (PP) zone. All construction shall be a in substantial conformance with the approved plans stamped "Received November 6, o 2014". N 0 t 2. Within two years of the Administrative Development Permit approval, commencement of Z construction shall have occurred or the permit/approval shall become null and void. In d 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. N All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. N EXPIRATION DATE: January 27,2017 N 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 LO submittal items, 30 days prior to the expiration date. The review authority shall ensure o that the project complies with all Development Code provisions in effect at the time of T the requested extension. o a 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 fully in the defense of this J matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the 0 City of San Bernardino (City), any departments, agencies, divisions, boards or o commission of the City as well as predecessors, successors, assigns, agents, directors. a elected officials, officers, employees, representatives and attorneys of the City from any a 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 E relieve applicant of his or her obligation under this condition. w The costs, salaries, and expenses of the City Attorney and employees of his office shall a 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 revoked, whether or not at the request of applicant. Packet Pg.421: 5Ld_ ADP 14-065 Conditions of Approval Page 5. Minor modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification which exceeds 15% of the allowable measurable design/site considerations shall require the refilling of the original application. 6. The project shall comply with all applicable requirements of the Building and Safety Division, Fire Department, Police Department, Municipal Water Department, Public Y Services Department and the City Clerk's Office/Business Registration Division. 0. _ 7. The project shall comply with the requirements of other outsideagencies, as applicable (e.g. State Board of Equalization,Federal Communications Commission, etc.). Z 8. The applicant shall ensure that the communications tower and related equipment shall be removed within three months after the use is abandoned. CD 9. The operation of the antenna shall not cause interference with any electrical equipment in N 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 co Department communications equipment unless exempted by Federal Regulations. If 0. 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 v i until the problem is resolved. LO 10. The facility operator and property owner shall be responsible for regular maintenance of o 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 o and cleaned up within 48 hours of receiving notice and the aesthetic appearance of the Q faux tree shall be maintained in a condition where it still serves the purpose of disguising w the pole. J m 11. The equipment enclosure shall be constructed with decorative (split-face or slump stone) 'o concrete block. 0L CL a 12. The pole shall be a camouflaged as a pine tree with heavy-density branch coverage v (minimum of 100 branches) that shall extend beyond the antennas for adequate concealment,to the satisfaction of the Director. E E U 13. All antennas and the microwave dish shall be painted to match the monopine branches or Q cladding, as appropriate, and be fitted with socks. 14. The pole shall be covered with simulated pine bark cladding. Packet Pg.422 5.L.d ADP 14-065 Conditions gf'Approval Page 3 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. 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 a be designed to control erosion due to water and wind, including blowing dust, during all o phases of construction. y 0 cs 17. Submitted plans shall conform to the 2013 California Building Codes. 'z d 18. Submitted plans shall include structural calculations with a wind speed of 110 mph. J C 19. Submitted plans shall include all necessary engineering calculations and details as needed N for antennas and equipment. Cn 20. Submittal requirements for pernlit 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 LO inspection, sign-off, and before antennas can be activated. o -End of Conditions of Approval- a. Q L a} J cC 0 L Q Q Q 0 U r c a� E cs r Q Packet Pg.423