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CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION
From: WILLIAM WOOLARD, Interim Subject: Resolution authorizing the
Director execution of a Communications Site Lease
Agreement with Cox PCS (Sprint PCS) for
Dept: Development Services a portion of Nicholson Park for
Mobile/Wireless Communication Services.
Date: August 10, 2000
File No. 15.06-148
Synopsis of Previous Council Action: MCC Date: 8-21-2000
07-24-00 - Item was continued to the Mayor and Common Council meeting of 8-7-2000.
08-07-00 -Item was continued to the Mayor and Common Council meeting of 8-21-2000.
Recommended Motion:
Adopt Resolution and direct and authorize staff to modify the lease agreement requiring the
lessee to comply with stealthing (camouflaging) requirements, acceptable to the City, within
twenty-four months of the execution of the Lease Agreement
William Woolard
Contact person: EILEEN GOMEZ Phone: 5328
Supporting data attached: Staff Report/Map ward: 3
Resol Eease
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
8/of /Db
CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of the City of San Bernardino authorizing the execution of a Lease with Cox PCS
(Personal Communications Service), (Sprint PCS) relating to certain City-owned real property
located at the Northwest corner of Second Street and Meridian Avenue (Nicholson Park).
BACKGROUND:
On May 18, 2000, representatives from Cox PCS (also known as Sprint PCS), Parks, Recreation
and Community Services Department, and Development Services/Real Property Section met at
Nicholson Park to discuss the possibility of co-locating Cox/Sprint PCS cellular antennas on the
existing Pacific Bell Mobile Services (PBMS) monopole. There were no objections to the
proposal. PBMS has agreed to execute an agreement with Cox/Sprint PCS for use of their
monopole. Cox/Sprint PCS is proposing to utilize a 289 square foot area adjacent to the existing
PBMS facilities. Cox/Sprint PCS has agreed to match the existing 6' (six foot) wrought iron
fence, which will safeguard their facilities from vandalism and graffiti. Cox/Sprint PCS is
proposing to pay the annual sum of $9,600 ($800 per month), that will generate revenue, in
addition to the existing ground lease with PBMS. This proposed amount is consistent with the
current rates for the leasing of space for wireless communications facilities in surrounding areas,
which is a higher rate than the existing PBMS lease amount.
On June 19, 2000, Cox/Sprint PCS obtained approval of a Development Permit (DPI 00-073)
from the Planning Division to co-locate the antennae on the existing pole.
On July 24, 2000, Mayor and Council recommended that this item be continued to the meeting of
August 7, 2000, to research the possibility of camouflaging the existing PBMS monopole as a
tree (commonly referred to as "stealthing"). The Planning Division is currently proposing an
amendment to the Development Code pertaining to cellular antennas. The proposed revisions
encourage co-location of cellular towers with the stealthing concept as a condition of approval.
On August 7, 2000, Sprint PCS requested additional time to complete negotiations with PBMS
relative to "stealthing" the existing monopole. Staff recommended that this item be continued to
the meeting of August 21, 2000, to allow for more time for negotiations, which was approved by
the Mayor and Council. Currently, Sprint PCS is negotiating with PBMS to comply with the
request for stealthing the existing PBMS monopole and they should reach agreement by the date
this item is to be considered. However, the Sprint PCS representative has stated that it may take
up to two years for the F.C.0 to approve the implementation of the"stealth"measures.
FINANCIAL IMPACT:
An annual amount of $9,600 to be contributed to the General Fund in monthly increments of
$800.
RECOMMENDATION:
Staff recommends that said Resolution be adopted and authorization to execute Communications
Site Lease Agreement with Cox/Sprint PCS be given, with the provision that additional language
be included requiring lessee to comply with stealthing requirements, acceptable to the City,
within twenty-four (24)months of the execution of the Lease agreement.
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: VALERIE C. ROSS, Acting Director Subject: Resolution authorizing the
execution of a Communications Site Lease
Dept: Development Services Agreement with Cox PCS (Sprint PCS) for
a portion of Nicholson Park for
Date: July 5, 2000 Mobile/Wireless Communication Services.
File No. 15.06-148
Synopsis of Previous Council Action: MCC Date: 7-24-2000
None.
Recommended Motion:
Adopt Resolution.
Valerie C. Ross
Contact person: EILEEN GOMEZ Phone: 5328
Supporting data attached: Staff Report/Map ward: 3
Resol Lease
FUNDING REQUIREMENTS: Amount: None
Source: (Acct.No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
ay -nnv
CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of the City of San Bernardino authorizing the execution of a Lease with Cox PCS
(Personal Communications Service), (Sprint PCS) relating to certain City-owned real property
located at the Northwest corner of Second Street and Meridian Avenue (Nicholson Park).
BACKGROUND:
On May 18, 2000, representatives from Cox PCS (also known as Sprint PCS), Parks, Recreation
and Community Services Department, and Development Services/Real Property Section met at
Nicholson Park to discuss the possibility of co-locating Cox/Sprint PCS cellular antennas on the
existing Pacific Bell Mobile Services (PBMS) monopole. There were no objections to the
proposal. PBMS has agreed to execute an agreement with Cox/Sprint PCS for use of their
monopole. Cox/Sprint PCS is proposing to utilize a 289 square foot area adjacent to the existing
PBMS facilities. Cox/Sprint PCS has agreed to match the existing 6' (six foot) wrought iron
fence, which will safeguard their facilities from vandalism and graffiti. Cox/Sprint PCS is
proposing to pay the annual sum of $9,600 ($800 per month), that will generate revenue, in
addition to the existing ground lease with PBMS. This proposed amount is consistent with the
current rates for the leasing of space for wireless communications facilities in surrounding areas,
which is a higher rate than the existing PBMS lease amount.
The Planning Division is processing an amendment to the Development Code pertaining to
cellular antennas. The proposed revisions would not affect this existing cellular tower; however,
the proposed revisions encourage co-location of cellular towers.
On June 19, 2000, Cox/Sprint PCS obtained approval of a Development Permit (DPI 00-073)
from the Planning Division to co-locate the antennae on the existing pole.
FINANCIAL IMPACT:
An annual amount of $9,600 to be contributed to the General Fund in monthly increments of
$800.
RECOMMENDATION:
Staff recommends that said Resolution be adopted and authorization to execute Communications
Site Lease Agreement with Cox/Sprint PCS be given.
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VICINITY MAP
CITY OF SAN BERNARDINO Proposed lease of City property to
DEVELOPMENT SERVICES DEPARTMENT COX PCS / Sprint PCS at
REAL PROPERTY SECTION Nicholson Park
® indicates un—incorporated areas
within City's Sphere of Influence
Created by: L, I'ogaQ5 y Date: 0-710512000
�r
1 RESOLUTION NO.
2
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH COX PCS ASSETS, L.L.C., ALSO KNOWN AS
4 SPRINT PCS, RELATING TO CERTAIN CITY-OWNED REAL PROPERTY
SITUATED AT THE NORTHWEST CORNER OF SECOND STREET AND MERIDIAN
5 AVENUE (A PORTION OF NICHOLSON PARK.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. That the Mayor and Common Council of the City of San Bernardino is
9 hereby authorized and directed to execute, on behalf of said City, a Lease relating to that certain
10
11 City-owned real property located at the Northwest corner of Second Street and Meridian Avenue,
12 a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as
13 fully as though set forth at length and a Memorandum of Lease, marked Exhibit "B" and
14 incorporated herein by reference as fully as though set forth at length
15 SECTION 2. The authorization to execute the above-referenced agreement is rescinded
16
17 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
18 resolution.
19
20
21
22
23
24
25
26
27
28
07/0 /00
RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE WITH COX PCS ASSETS, L.L.C.,
1 (SPRINT PCS) FOR PROPERTY LOCATED AT THE NWC OF SECOND STREET & MERIDIAN
AVENUE(NICHOLSON PARK
2
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof
6
held on the day of , 20 , by the following vote, to
7
8 wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11 LIEN
12
13 MCGINNIS
14 SCHNETZ
15 SUAREZ
16 ANDERSON
17 MCCAMMACK
18
19
City Clerk
20
21 The foregoing resolution is hereby approved this day of , 20
22
23 JUDITH VALLES, Mayor
City of San Bernardino
24 Approved as to form
25 and legal content:
26 JAMES F. PENMAN
27 City Attorney
28 Byfk.
07/05/00 2
1 LEASE
2 COMMUNICATIONS SITE LEASE AGREEMENT
3 THIS COMMUNICATION SITE LEASE AGREEMENT (Lease), is made and entered
4
into this day of 20 , by and
5
6 between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as
7 "Lessor", and Cox PCS Assets, L.L.C., a Delaware Limited Liability Company, also known as
8 Sprint PCS, hereinafter referred to as "Lessee".
9 RECITALS
10 This Lease is made and entered into with respect to the following facts:
11 (a) Lessor is the owner of the Premises herein described.
12
(b) Lessee has requested permission to construct a mobile/wireless communications
13
14 facility to be located in the Southwesterly portion of Nicholson Park, and Lessor is willing to
15 lease the Premises to Lessee upon the terms and conditions hereinafter set forth.
16 (c) Lessee believes that the facility will not interfere with the Department of Parks
17 and Recreation's operations or the public's use of the park.
18 (d) This Lease is conditioned upon Lessee, or Lessee's assigns, obtaining all
19 governmental permits and approvals enabling Lessee, or its assigns to construct and operate
20
mobile/wireless communications facilities on the Premises.
21
22 NOW THEREFORE, the parties hereto agree as follows:
23 1. Property Leased:
24 Lessor hereby leases to Lessee, and the Lessee hereby leases from Lessor, a 17' x
25 17' (seventeen foot by seventeen foot) area adjacent to the Westerly boundary line of Nicholson
26 ark, West of Meridian Avenue, and approximately 500' (five hundred feet) North of Second
27
28
/19/2000 Exhibit "A" LEASE - Cox/Sprint PCS
15.06-146
Street, described as follows:
1
That portion of the East '/z of Lot 78 of the Town of Rialto and adjoining
2 subdivisions, as per plat thereof recorded in Book 4 of Maps, Page 11, in
the Office of the County Recorder of San Bernardino County, State of
3 California, described as follows:
4 Commencing at the intersection of the North line of Second Street and the
5 West line of the East '/2 of said Lot 78; thence North along said West line,
a distance of 500.00 feet to the True Point of Beginning; thence East at
6 right angles to said West line, a distance of 17.00 feet; thence South and
7 parallel with said West line, a distance of 17.00 feet; thence West at right
angles, a distance of 17.06 feet to the West line of said East %2 of Lot 78;
8 thence North along said West line, a distance of 17.00 feet to the True
Point of Beginning.
9
10 Said Premises includes any appurtenant facilities and applicable easements for access and
11 utilities, as delineated in Exhibit"A" attached hereto.
12 2. Term:
13 The term of this Lease shall be five (5) yl-ars, commencing with the issuance of a
14 local building permit allowing Lessee to construct its mobile/wireless communications facilities
15 on the Premises, or the date both Lessor and lessee have executed said Lease ("Commencement
16
Date"), whichever is earlier. Lessee shall have the right to extend. Lessee shall have the right to
17
18 extend the term of this Lease for five (5) additional terms of five (5) years each. Each renewal
19 term shall be on the terms and conditions set forth herein. This Lease shall automatically be
20 extended for each successive five (5) year renewal term upon Lessor's receipt of Lessee's written
21 notification of intention to renew no later than ninety (90) days prior to the expiration of the first
22 five (5) year term or any renewal term. In the event the Lessee decides not to extend this Lease,
23
hen Lessee shall notify the Lessor in writing of Lessee's intention not to extend this Lease at
24
25 east ninety (90) days prior to the expiration of the first five (5) year term or any renewal term.
26
27
28
/19/2000 2 LEASE - Cox/Sprint PCS
15.06-146
3 Lease Payments:
1
(a) Lessee shall pay Lessor the sum of three hundred dollars ($300.00) for a
2
3 document preparation fee upon the Commencement Date of said Lease. In the event the Lease
4 is terminated as a result of testing as set forth in Paragraph 5(a), Lessor shall retain the
5 document preparation fee of$300.00 for work performed.
6 (b) Upon the Commencement Date, Lessee shall pay Lessor as rent, the
7 annual sum of $9,600.00, payable in monthly installments. The monthly installments shall be
8 in the amount of$800.00 each, due and payable on or before the Commencement Date, and on
9
the same date of each month thereafter.
10
11 Payments shall be directed to:
12 City of San Bernardino
Development Services Department/Real Property Section
13 300 North"D" Street
14 San Bernardino, CA 92418
15 (c) Rent shall be increased at the beginning of each renewal term by the
16 amount equal to fifteen percent (15%) of the rent for the previous term or renewal term.
17 4. Use Restrictions:
18 The Premises may be used by Lessee for any lawful activity in connection with
19 he provisions of mobile/wireless communications services, including without limitation, the
20
21 transmission and the reception of radio communication signals on various frequencies, and the
22 construction, maintenance and operation of related communications facilities. Lessor agrees to
23 ooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses,
24 ermits, and any and all other necessary approvals that may be required for Lessee's intended
25 use of the Premises.
26
27
28
7/19/00 3 LEASE - Cox/Sprint PCS
15.06-148
1
5. Improvements:
2
3 (a) Lessee shall have the right (but not the obligation) at any time prior to the
4 Commencement Date, to enter the Premises for the purpose of making necessary engineering
5 surveys and inspections (and soil tests where applicable) and other reasonably necessary tests
6 ("Tests") and for the purpose of determining the suitability of the Lessee Facilities (as defined
7 herein) for mobile/wireless communications operations. During any Tests, Lessee shall have
8 insurance as set forth in Paragraph 10, and will notify Lessor of any proposed tests, and will
9
coordinate the scheduling of same with Lessor. If Lessee determines that the Premises are
10
11 suitable for Lessee's contemplated use, then Lessee will notify Lessor and this Lease shall
12 terminate. Lessee shall restore the Premises to the condition it was in prior to conducting the
13 Tests.
14 (b) Lessee shall have the right to erect, maintain and operate on the Premises,
15 radio communications facilities, including but not limited to radio frequency transmitting and
16
receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and
17
18 receiving antennas and supporting structures and improvements ("Lessee Facilities"). In
19 connection therewith, Lessee has the right to do all work necessary to prepare, add, maintain and
20 alter the Premises for Lessee's business operations and to install utility lines and transmission
21 lines connecting antennas to transmitters and receivers. All of Lessee's construction and
22 installation work shall be performed at Lessee's sole cost and expense and in a good
23 workmanlike manner. Lessee shall hold title to the Lessee Facilities and any equipment placed
24
25 n the Premises by Lessee. All of Lessee Facilities shall remain the property of Lessee and are
26 of fixtures. Lessee has the right to remove all Lessee Facilities at its sole expense on or before
27 he expiration or earlier termination of this Lease. Lessee shall not make any material alterations
28
7/19/00 4 LEASE - Cox/Sprint PCS
15.06-148
to the Premises, or any part thereof, other than as set forth in Paragraph 5 herein, without the
1
2 prior written consent of Lessor. Any and all alterations and/or improvements made to the
3 Premises pursuant to this section, including but not limited to Lessee Facilities, shall, upon
4 termination of this Lease, be removed from the Premises, and the land returned to its previous
5 state.
6 (c) Lessor shall provide to Lessee, Lessee's employees, agents and
7 subcontractors, access to the Premises twenty-four(24) hours a day, seven (7) days a week, at no
8
charge to Lessee. Lessor represents and warrants that it has full rights of ingress to and egress
9
10 from said Premises, and shall allow Lessee access from the nearest public roadway to the
11 Premises at all times, and hereby grants such ingress and egress rights to Lessee along a 20'
12 (twenty foot) strip adjacent to the West line of Nicholson Park, to the extent required to maintain,
13 install and operate the Lessee Facilities on the Premises, including, but not limited to, temporary
14 use of a 9' x 19' (nine foot by nineteen foot) area adjacent to Lessee Facilities for emergency
15 generator parking on an as-needed basis only. Lessee shall repair any damages Lessee, its
16
agents, employees, officers, or contractors cause to said above ingress and egress area.
17
18 6. Maintenance and Inspections:
19 Lessee shall, at Lessee's own cost and expense, keep and maintain all
20 improvements hereinafter constructed on the Premises in good condition and repair, and shall use
21 all reasonable precaution to prevent waste, damage or injury to the Premises. Lessor shall, at any
22 reasonable time, have the right to go upon the Premises upon notice to Lessee, and inspect and
23 xamine the same relative to such maintenance and upkeep.
24
7. Utilities:
25
26 Lessee shall have the right to install utilities, at Lessee's expense, and to improve
27 he present utilities on or near the Premises (including, but not limited to the installation of
28
)7/19/00 5 LEASE - Cox/Sprint PCS
15.06-148
emergency power generators), subject to Lessor's approval of the location, which approval shall
1
not be unreasonably withheld.
2
3 Lessee shall pay for all electricity, gas, water, telephone service, and all other
4 services and utilities, including service installation fees and charges for such utilities used by
5 Lessee during the term of this lease.
6 8. Liens and/or Encumbrances:
7 Lessee shall pay or cause to be paid, all costs of construction and/or installation of
8 all improvements. Lessee shall keep the Premises free and clear of any and all claims arising out
9
10 of performance of work on Lessee's behalf, furnishing of materials on Lessee's behalf, and use
11 of utilities by Lessee. This Lease shall be subordinate to any lien, mortgage or deed of trust
12 currently on record against said Property.
13 9. Permits and Fees:
14 Lessee shall pay all license fees, assessments, taxes, penalties or fines which may
15 be levied against Lessee by virtue of the installation of Lessee's leasehold improvements.
16
10. Liability Insurance:
17
18 Lessee agrees to procure and maintain in force during the term of this Lease and
19 any extension, at its own expense, the following insurance in companies approved by Lessor,
20 adequate to protect against liability for damage claims arising in or around the Leased premises;
21 1) Commercial General Liability with limits of five million dollars ($5,000,000.00) per
22 ccurrence, (2) Automobile Liability with a combined single limit of one million dollars
23 $1,000,000.00) per accident, and (3) Worker's Compensation Insurance as required by law and
24
25 mployers' Liability with limits of one million dollars ($1,000,000.00) per occurrence. Lessee
26 hall provide to Lessor a certificate of insurance and an additional insured endorsement which
27 provides:
28
7/19/00 6 LEASE - Cox/Sprint PCS
15.06-148
(a) On the Commercial General Liability policy that the City of San
1
Bernardino is named as an additional insured.
2 .
3 (b) The certificates will include the insurance company name, policy number,
4 period of coverage, and the amount of insurance.
5 (c) That the Real Property Section of the City of San Bernardino must be
6 given notice in writing at least thirty (30) days prior to cancellation, material change, or refusal
7 to renew the policy.
8
9 (d) That Lessee's insurance will be primary to any coverage the City of San
10 Bernardino may have in effect.
11 11. Indemnification:
12 Except to the extent of the negligence or willful misconduct of Lessor or its
13 agents, boards, officers, employees, representatives or contractors, Lessee shall defend,
14 indemnify, and hold harmless Lessor, its agents, boards, officers, employees, representatives, or
15 contractors against any and all claims, suits, damages for personal injury, including death,
16
17 property damage, demands, loss or liability of any kind or nature arising from Lessor's approval
18 of this Lease or from Lessee's operations under this Lease.
19 12. Taxes/Possessory Interest:
20 (a) Lessee recognizes and understands that this Lease may create a possessory
21 interest subject to property taxation, and that the Lessee may be subject to the payment of
22 property taxes levied on such interest. Lessee agrees to, and shall hold harmless, Lessor from
23
ny and all liability for any such taxes due by virtue of Lessee's Facilities.
24
25 (b) Lessor warrants that it has full right, power and authority to execute this
26 ease. Lessor further warrants that Lessee shall have quiet enjoyment of the Premises during the
27 terni of this Lease or any renewal thereof.
28
7/19/00 7 LEASE - Cox/Sprint PCS
15.06-148
1
13. Compliance with Laws:
2
3 Lessee shall not violate any applicable law of the City, State or Federal
4 governments in conducting its operations under this Lease.
5 14. No Sublease or Assignment:
6 Lessee shall not sublet the premises, or any part thereof, or assign this Lease,
7 without Lessor's prior written consent, which consent shall not be unreasonably withheld.
8
9 Notwithstanding the foregoing, Lessee may assign or sublet this Lease to any subsidiaries,
10 corporate affiliate or successor legal entities of Lessee, or any purchaser of all, or substantially
11 all, of Lessee's stock or assets; provided, however, within thirty (30) days of such assignment or
12 sublet, Lessee shall provide written notification to Lessor stating the name, address, contact
13 person and any other pertinent information regarding said corporate affiliate or purchaser.
14 15. Default:
15 Either party shall have the right to terminate this Lease, and upon the effective
16
17 date of such termination, Lessor shall have the right of immediate occupancy of the Premises in
18 the event the other party violates any of this Lease's terms or conditions, and such violation is
19 of corrected within thirty (3:10) days after written notice is sent by the non-breaching party. Such
20 termination shall not relieve either party from liability for damages for breach of this Lease or for
21 injury to the Premises.
22 16. Environmental:
23
Lessor represents that the Premises have not been used for the generation, storage,
24
25 treatment or disposal of hazardous substances, hazardous materials or hazardous wastes. In
26 addition, Lessor represents that no hazardous materials, hazardous substances, hazardous wastes,
27
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7/19/00 8 LEASE - Cox/Sprint PCS
15.06-148
pollutants, asbestos, polychlorinated biphenyls (PCBs),petroleum or other fuels (including crude
1
oil or any fraction or derivative thereof) or underground storage tanks are located on or near the
2
3 Premises. Notwithstanding any other provision of this Lease, Lessee relies upon the
4 representations stated herein as material inducement for entering into this Lease.
5 Lessee shall not bring any hazardous materials onto the Premises except for those
6 contained in its back-up power batteries (lead-acid batteries) and common materials used in
7 telecommunications operations,p e.g., cleaning solvents. Lessee shall treat all hazardous materials
8
9 brought onto Premises by it in accordance with all federal, state and local laws and regulations.
17. Amendment:
10
11 (a) This Lease may be amended or modified only by written agreement signed
12 by both parties. Failure on the part of either party to enforce any provision of this Lease shall not
13 be construed as a waiver of the right to compel enforcement of such provision or provisions.
14 (b) If any provision of the Lease agreement is invalid or unenforceable with
15 respect to any party, the remainder of this Lease or the application of such provision to persons
16
17 other than those as to whom it is held invalid or unenforceable, shall not be affected and each
18 provision of this Lease shall be valid and enforceable to the fullest extent permitted by law.
19 18. Termination:
20 This Lease may be terminated by Lessee or by Lessor, on thirty (30) days written
21 notice as follows: (i) by either party upon a default of any covenant, condition or term hereof by
22 he other party, which default is not corrected within thirty (30) days of receipt of written notice
23
f default; (ii) by Lessee, if it does not obtain or maintain licenses, permits or other approvals
24
25 ecessary to the construction or operation of Lessee's Facilities; or (iii) by Lessee, if Lessee is
26 able to use the site because of economic, technological or environmental reasons or utilize the
27 remises due to a ruling or directive of the FCC or other governmental or regulatory agency. If
28
7/19/00 9 LEASE - Cox/Sprint PCS
15.06-148
after the Commencement Date, Lessee provides thirty (30) days written notice to Lessor of
1
2
termination of this Lease due to the reasons set forth in (ii) or (iii), above, Lessee shall pay
3 Lessor an amount equal to one (1) year or twelve (12) months rent at the amount stated in
4 Section 3 of this Lease as "monthly installments" which shall be due and payable from the
5 termination date as payment for such early termination.
6 19. Miscellaneous.
7
(a) This Lease shall be binding on and inure to the benefit of the successors
8
and permitted assignees of the respective parties.
9
10 (b) This Lease shall be governed under the laws of the State of California.
11 (c) The prevailing party in any legal action to enforce any provision of this
12 Lease shall be entitled to recover from the losing party all attorneys' fees and court costs,
13 including appeals if any, in connection with that action. The costs, salary, and expenses of the
14 City Attorney and members of his office in connection with that action, shall be considered as
15 attorney's fees for the purpose of this Lease.
16
17 (d) Upon request, either party may require that a Memorandum of Lease be
18 recorded in the form of Exhibit"B".
19 (e) This Lease constitutes the entire Lease and understanding between the
20 parties and supersedes all offers, negotiations and other leases concerning the subject matter
21 ontained herein. There are no representations or understandings of any kind not set forth
22 herein. Any amendments to this Lease must be in writing and executed by both parties.
23
20. Interference with Communications:
24
25 Lessee's Facilities shall not disturb the communications configurations,
26 quipment and frequency which exist on Lessor's property on the Commencement Date ("Pre-
27 oxistino, Communications"), and Lessee's Facilities shall comply with all noninterference rules
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7/19/00 10 LEASE - Cox/Sprint PCS
1 .06-148
of the Federal Communications Commission ("FCC'). Lessor shall not permit the use of any
1
portion of Lessor's property in a way that interferes with the communications operations of
2
3 Lessee described in Section 4, above. Such interference with Lessee's communications
4 operations shall be deemed a material breach by Lessor, and Lessor shall have the responsibility
5 to promptly terminate said interference. In the event any such interference does not cease
6 promptly, the parties acknowledge that continuing interference will cause irreparable injury to
7 Lessee, and therefore, Lessee shall have the right to bring action to enjoin such interference or to
8 terminate this Lease immediately upon written notice to Lessor. Notwithstanding the foregoing,
9
10 pre-existing communications operating in the same manner as on the Commencement Date shall
11 not be deemed interference.
12 21. Title and Quiet Enjoyment:
13 (a) Lessor warrants that it has full right, power and authority to execute this
14 Lease; Lessor further warrants that Lessee shall have quiet enjoyment of the Premises during the
15 term of this Lease or any renewal term.
16
17 (b) Lessee shall have the right at any time up to the full execution of this
18 Lease, and prior to the Commencement Date to obtain a preliminary title report or commitment
19 for a leasehold title policy from a title insurance company of its choice. If, in the opinion of
20 Lessee, such title report shows any defects of title or any liens or encumbrances which may
21 ladversely affect Lessee's use of the Premises, Lessee shall have the right to terminate this Lease
22 prior to the Commencement Date), immediately upon written notice to Lessor.
23
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7/19/00 11 LEASE - Cox/Sprint PCS
15.06-148
1
22. Notices:
2
3 All notices given in connection with this Lease shall be in writing and delivered in
4 person or sent by overnight carrier or certified mail, postage prepaid, addressed as follows:
5 LESSOR LESSEE
City of San Bernardino Cox PCS Assets, L.L.C.
6 Development Services Department 4683 Chabot Drive, Suite 100
7 Real Property Section Pleasanton, CA 94588
300 North"D" Street
8 San Bernardino, CA 92418 Sprint Spectrum, L.P.
4900 Main Street, 12`x'Floor
9 Kansas City, MO 64112
10 23. Covenants:
11 There are no covenants or warranties other than those expressed in this Lease.
12
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20
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)7/19/00 12 LEASE - Cox/Sprint PCS
15.06-148
1
2 IN WITNESS WHEREOF, the parties have executed this Lease on the day and year set
3 forth at the beginning of this Lease.
4
5 CITY OF SAN BERNARDINO,
6 a Municipal corporation
7
8
9 Judith Valles, Mayor
ATTEST:
10
11
12
Rachel Clark, City Clerk
13
14 Cox PCS Assets, L.L.C.,
15 a Delaware Limited Liability Company
16
17 By:
18
19
By:
20
21 Approved as to form
22 d legal content
23 JAMES F. PENMAN,
ity Attorney
24
25 y:
26
27
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)7/19/00 13 LEASE - Cox/Sprint PCS
15.06-148
1 MEMORANDUM OF LEASE
2 THIS MEMORANDUM OF LEASE ("Memorandum") is executed as of the
3
4 day of 20 by and between THE CITY OF SAN
5 BERNARDINO, a municipal corporation ("Lessor"), and Cox PCS Assets, L.L.C., a
6 Delaware Limited Liability Company, also known as Sprint PCS, hereinafter referred to as
7 "Lessee".
8 RECITALS
9
10 WHEREAS, Lessor and Lessee have executed that certain Communications Site Lease
11
Agreement ("Lease") dated as of , 20 ("Commencement Date"),
—
12 covering certain premises ("Premises"), in certain real property located in the City of San
13 Bernardino, County of San Bernardino, State of California, and more particularly described in
14 Exhibit "A" attached hereto and incorporated herein by this reference; and
15
WHEREAS, Lessor and Lessee desire to record notice of the Lease in the Official
16
17 Records of San Bernardino, County, California;
18 NOW, THEREFORE, in consideration of the foregoing, Lessor and Lessee hereby
19 declare as follows:
20 1. Demise: Lessor has leased the Premises to Lessee and Lessee has hired the.
21
22 remises from Lessor, subject to the terms, covenants and conditions contained in the Lease.
23 2. Expiration Date: The term of the Lease ("Term") is scheduled to
24 ommence on the Commencement Date, and shall expire five (5) years thereafter, subject to
25 Lessee's option to extend the Term pursuant to Paragraph 2 of the Lease for five (5) additional
26 erms of five (5) years each.
27
28
Exhibit "B"
MEMORANDUM OF LEASE: Cox/Sprint PCS
1 3. Lease Controlling: This Memorandum is solely for the purpose of giving
2 constructive notice of the Lease. In the event of conflict between the terms of the Lease and
3
this Memorandum, the terms of the Lease shall control.
4
5 IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum of
6 Lease as of the date and year first written above.
7
8 CITY OF SAN BERNARDINO,
a Municipal corporation
9
10
11 Judith Valles, Mayor
12
ATTEST:
13
14
15
Rachel Clark, City Clerk
16
17 Cox PCS Asset, L.L.C.
18 a Delaware Limited Liability Company
19
20
By:
21
22 pproved to form
23
and legal content:
24 James F. Penman,
ity Attorney
25
26
27 y: ee_
28 l
2
1 EXHIBIT"A"
2 Legal Description for lease of City owned property located at the Northwest
3 corner of 2"d Street and Meridian Avenue in the City of San Bernardino
(Nicholson Park—APN 0142-051-14)
4
5
6 That portion of the East '/z of Lot 78 of the Town of Rialto and adjoining
7 subdivisions, as per plat thereof recorded in Book 4 of Maps, Page 11, in the
Office of the County Recorder of San Bernardino County, State of California,
g described as follows:
9 Commencing at the intersection of the North line of Second Street and the West
line of the East %Z of said Lot 78; thence North along said West line, a distance of
10 500.00 feet to the True Point of Beginning; thence East at right angles to said
11 West line, a distance of 17.00 feet; thence South and parallel with said West line,
a distance of 17.00 feet; thence West at right angles, a distance of 17.00 feet to the
12 West line of said East '/2 of Lot 78; thence North along said West line, a distance
13 of 17.00 feet to the True Point of Beginning.
'A 4
289 Sq. Ft. M/L
15
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I
i
i
See
Area currently
Detail "A"
leased to (-
Pacific Bell I LLJ
Area proposed —i Baseball z
to be leased to
Cox PCS(Sprint PCS) Field Li
Q
Q
O
I
Baseball Q
20 egress and ingress Field Rec. 0
easement Center
LLJ
(
Fire Station
No. 9 '
I
-------2nd ---STREET ---------------- ----
i
F1 Area proposed
to be leased to
17'
Cox PCS(Sprint PCS) '
I
O
20'easement for
ingress/egress
No Scole
0
:::::;:::;:.:.......... Detail ^A„
North Line of 2nd Street
Proposed lease of City property to
COX PCS /Sprint PCS at Nicholson CITY OF SAN BERNARDINO
Park. Area to be leased shown as: DEVELOPMENT SERVICES
(289 Square Feet) REAL PROPERTY SECTION
EXHIBIT "A"
' ,,+jam•(�'' • ♦1
ACBNOWEEDGEMM
STATE OF CALIFORNIA
COUNTY OF
S.S.
On before me,
Personally appeared
Personally known to me (or 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 person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
ACICNOWLEDGEIMNT
STATE OF CALIFORNIA
COUNTY OF S.S._
On before me,
Personally appeared
Personally known to me (or 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 person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
SBAM)
ALrgnst 3,2(loo
Mr. Raymond Casey
City fiugincer
City 1i San Bernardino
300 Notch 1? Street
Sau,Llernarditto,CA 92418
RE; Sprint PCS leases for(.:o-location at Nicholson Pat*
Dear Mr. Casey:
Pursuant to the subject proposed pruject, 1 spoke.with Ms.Liilectr Gomez on August.2nd and she explained
that;your office is now requesting to continue the Matter regarding Sprint PCS/Cox PC:S Asscts leak from
next Monday's agenda, August 7'',until next month,on Tuesday September 5't'. t an,writing to you toddy
to respectfully request that this item be,heard at the August 21"Cily Council tneetitig. in speaking with
Ms. Gomez,she is confident that She would be Prepared for hc.r intct'nal deadline of August 8't' art
anticipation of the August 21"mcetit,g.
SBA,I11c. is aware that Sari Butsardino is in the process ofdrafting an ordinance relative to cellular
installations, At this tie, SA Inc. is awaiting a decision frorn Sprint PCS and Pacific hell Wireless
time,
m
(p13W)with regard to"stealihing"the existing structure in Nicholson Park. As you ay he aware, the
City's Planning Staff has previously approved Sprint PCS's co-location in the Park.
Ana cunfident that a decision could be made by PLI'W and Spiint PCS within the next week so that this
project niay continue. I would greatly appreciate the opportunity to discuss this issue with you ill more
detail in are attempt to gel this approval back on track.
Sincerely,
6a
Randy Kilgore
SFIA,Inc. for Sprint PCS
SBA, Inc. - Wireless Communications(onsultants
SBA, Inc. - 1151 Airway Avenue - Suitt (Ostj Mis9a, (A 92626
Telephone: (114)551-6452 iax' ( ) 6
aAla In the State of(alllornla is SBA(oosultlnq Saelcn,inc. Q
��H�I Fb7.g).GGt71).:YH-I t7�:PT Wei 00. P-0/80 89Z'ON 3'l I3
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
TO: RACHEL CLARK
City Clerk '00 OCT 17 A9 :09
FROM: LASZLO "LES"FOGASSY, Real Property Official
Development Services/Real Property Section
SUBJECT: Memorandum of Lease to be recorded—Sprint PCS
DATE: October 17, 2000
FILE NO.: File No. 15.06-148; Reading
On August 21, 2000, the Mayor and Common Council adopted Resolution No. 2000-261, authorizing
the execution of a lease with Cox PCS Assets, L.L.C., also known as Sprint PCS, relating to certain
City-owned real property situated at the northwest corner of Second Street and Meridian Avenue (a
portion of Nicholson Park).
Attached is a Memorandum of Lease to be recorded as acknowledgement of the executed
Communications Site Lease Agreement. It is requested that you file this document in the Office of the
County Recorder. When the recorded document is received in your office, please forward the same to
Development Services, Real Property Section. If you have any questions,please call our office at 5328
or 5111.
Thank you for your prompt attention to this matter.
Sincerely,
LASZLO "LES" FOGASSY, Real Property Official
Development Services/Real Property ction
EILEEN GOMEZ, Real Property pecialis
Development Services/Real Prope ction
2000--')6
loci *1' r2S
October 26, 2000
County Recorder's Office
222 W. Hospitality Lane
San Bernardino, CA 92415
Attn: Recording Clerk
Enclosed is the Memorandum of Lease between the City of San Bernardino and Cox PCS Assets,
L.L.C., also known as Sprint PCS, for recording. When the document is recorded, please return
to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402.
If you have any questions, please do not hesitate to call me at(909)384-5002.
Sincerely,
Michelle Taylor
Senior Secretary