HomeMy WebLinkAbout29- Public Works rile No. 13.uo-1Jo
CITY OF SAN BERN RDINO - REQUEST F'R COUNCIL ACTION
From: -ROGER G. HARDGRAVE, Director Subject: Resolution Authorizing the execution of a
lease agreement: Comcast Cablevision -
Dept: Public Works/Engineering 10 year lease of a portion of Nunez Park
for CATV antenna/re-transmission Station
Date: March 12, 1993 1500 square feet.
Synopsis of Previous Council action:
NONE
Recommended motion:
Adopt Resolution
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cc: Shauna Clark, City Administrator Signature
Barbara Pachon, Director of Finance
James F. Penman, City Attorney
Contact person: Anne DeBolt Phone: 5328
Supporting data attached: Staff Report, Resolution, Lease Ward: 3
FUNDING REQUIREMENTS: Amount: NnnP
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
75-0262 Agenda Item No. °�
CITY OF SAN BERN/ 'gDINO - REQUEST F- R COUNCIL ACTION
STAFF REPORT
The area proposed for lease is a 1,500 square foot portion of the Eastern edge of
Nunez Park. Comcast intends to build a CATV tower and re-transmission station on the
site. Currently, Comcast has the same type of setup at the City's Orange/Highland
site. This particular area of the park has been little utilized. Approval of the
Parks and Recreation Department was received prior to preparation of the Lease.
The Lessee has fulfilled all Planning Department requirements for Development Permit,
Type I, No. DPI92-528 and the use of the land under this lease has been found to be
consistent with the City's Development Code.
The term of the proposed Lease is 10 years commencing April 1, 1993 and terminating on
March 31, 2003. Lease payments shall be $2,400 per year, payable in advance, commenc-
ing April 1, 1993. There is an "Option to Renew" clause included in the Lease, with
the new rental rate to be negotiated by the Lessor and Lessee, but at a rate no less
than the current rent plus 25% (at least $3,000) per year.
The Lease has been executed by Michael Schenker, Comcast's General Manager, and Judy
Drennen, Comcast's Business Manager.
Staff recommends adoption of the Resolution.
-0264 03/12/93 2
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EXIST. ,C&C 4TH ST.
CITY OF SAN BERNARDINO
FILE NO. : 3.5•06-141 LEASE FOR: COW-AST CAMMSICN, INC.
LOCATION: WESTERLY TAUS CF IAN AVENUE AMID WM = OF T7A DANA STFM
(NUNEZ PARK)
I RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF LEASE WITH COMCAST CABLEVISION, INC. , RELATING TO CERTAIN REAL PROPERTY
3 SITUATED AT THE EAST EDGE OF NUNEZ PARK AT THE WESTERLY TERMINUS OF KINGMAN
AVENUE, IN SAN BERNARDINO.
4
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
6
7 SECTION 1. The Mayor and Common Council of the City of San Bern-
8 ardino are hereby authorized and directed to execute on behalf of said City,
9 a Lease relating to certain real property located at the East side of Nunez
10 Park at the Westerly terminus of Kingman Avenue, a copy of which is attached
11 hereto, marked Exhibit "A" and incorporated herein by reference as fully as
12 though set forth at length.
13 SECTION 2. The authorization to execute the above-referenced
14 agreement is rescinded if the parties to the agreement fail to execute it
15 within sixty (60) days of the passage of this resolution.
16
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03/12/93 1
LEASE: COMCAST CABLEVISION, INC. EAST 6I11h Ur NUNr,[, rr%ni. ni ♦ll-
TERMINUc '7 KINGMAN AVENUE.
1 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at a
3 meeting thereof, held on the _ day of
4 1993, by the following vote, to wit:
5
6 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
7 ESTRADA
8 REILLY
9 HERNANDEZ
10 MAUDSLEY
11 MINOR
12 POPE-LUDLAM
13 MILLER
14
15 Rachel Clark, City Clerk
16
17
18 The foregoing resolution is hereby approved this day of
19 1993.
20
21 W. R. Holcomb, Mayor
22 City of San Bernardino
23
24 Approved as to form
and legal content
25
26 James F. Penman
City Attorney
27
28 0by:
4n=±e
03/12/93 2
ORIGINAL
1 L E A S E
2 (CATV Antenna and Re-transmission Station)
3 THIS AGREEMENT (Lease) , made and entered into this day of
4 , 1993, by and between the CITY OF SAN BERNARDINO,
5 a municipal corporation, hereinafter referred to as "Lessor" , and COMCAST
6 CABLEVISION, INC. , a California corporation, hereinafter referred to as
7 "Lessee" .
8 R E C I T A L S
9 This Lease is made and entered into with respect to the following
10 facts:
11 (a) Lessor is the owner of the property herein described.
12 (b) Lessee has requested permission to construct a CATV antenna
13 and re-transmission station located in Nunez Park, at the Westerly terminus
14 of Kingman Avenue at Tiajuana Street, and Lessor is willing to lease the
15 property to Lessee upon the terms and conditions hereinafter set forth.
16 (c) Lessor believes that the facility will not interfere with
17 the Department of Parks and Recreation's operations or the public's use of
18 the park.
19 NOW THEREFORE, the parties hereto agree as follows:
20 1. Property Leased.
21 Lessor hereby leases to Lessee, and the Lessee hereby leases from
22 Lessor, a thirty foot (30' ) by fifty foot (50') section of the Southeast
23 portion of Nunez Park, described as follows:
24 The real property in the City of San Bernardino,
County of San Bernardino, State of California,
25 described as follows:
26 Commencing at the intersection of the centerline of
Kingman Avenue and the West line of Tiajuana
27 Street, 30.00 feet wide as shown on Tract Map No.
1802, as per plat thereof recorded in Book 26 of
28 Maps, Page 80, in the office of the County Recorder
15.06-141
02/26/93 1
15.06-141 - LEASE - COMCAST CABLEVISION INC. , PORTION OF NUNEZ PARK
1 of said County; thence North 000 08' 00" West along
said West line of Tiajuana Street, a distance of
2 3.82 feet to the True Point of Beginning; thence
South 890 52' 00" West, a distance of 50.00 feet;
3 thence North 000 08' 00" West, a distance of 30.00
feet; thence North 890 52' 00" East, a distance of
4 50.00 feet, to said West line of Tiajuana Street;
thence South 000 08' 00" East along said West line,
5 a distance of 30.00 feet to the True Point of
Beginning.
6
7 Said property is outlined in red in the attached Exhibit "A" .
8 3. Term.
9 The term of this Lease shall be for a period of ten (10) years
10 commencing April 1, 1993 and terminating on March 31, 2003, unless terminat-
11 ed at an earlier date as provided in Paragraph 15 or Paragraph 18 below.
12 4. Lease Payments.
13 Lessee shall pay Two Thousand Four Hundred dollars ($2,400.00)
14 per year as rental for the premises, payable in advance by April 1st of each
15 year, commencing April 1, 1993. Payments shall be directed to:
16 City of San Bernardino
Finance Department
17 300 North "D" Street
San Bernardino, CA 92418
18
19 5. Use Restrictions.
20 Lessee's permitted uses of the leased property during the term of
21 this Lease shall be limited to:
22 (a) construction, installation, and maintenance of a triangular
23 tower, approximately thirty-five feet (35' ) tall with a six foot (6' ) in
24 diameter dish mounted on its top for a CATV antenna and re-transmission
25 station.
26 (b) construction, installation, and maintenance of a six foot by
27 eight foot (6' x 81) cement block building.
28 (c) construction, installation, and maintenance of a six foot
15.06-141 2
02/26/93
15.06-141 - LEASE - COMCAST CABLEVISION INC. , PORTION OF NUNEZ PARK
1 (6' ) chain link fence and appurtenant landscaping around its perimeter.
2 (d) construction, installation, and maintenance of two (2) nine
3 foot by nineteen foot (9' x 19' ) parking spaces for maintenance and/or in-
4 spection vehicles.
5 6. Improvements.
6 Lessee shall not make, or suffer to be made, any alterations to
7 the demised premises, or any part thereof, other than as set forth in
8 Paragraph 5 herein, without the prior written consent of Lessor. Any and
9 all alterations and/or improvements made to the demised premises pursuant to
10 this section shall , upon termination of this Lease agreement, be removed
11 from the premises, and the land returned to its previous state.
12 7. Maintenance and Inspections.
13 Lessee shall, at Lessee's own cost and expense, keep and maintain
14 all improvements hereinafter constructed on the property in good condition
15 and repair, and shall use all reasonable precaution to prevent waste, damage
16 or injury to the property. Lessor shall, at any reasonable time, have the
17 right to go upon the property and inspect and examine the same relative to
18 such maintenance and upkeep.
19 8. Utilities.
20 Lessee shall pay for all electricity, gas, water, telephone ser-
21 vice, and all other services and utilities, including service installation
22 fees and charges for such utilities during the term of this Lease. All
23 utility connections for the facility shall be placed underground.
24 9. Liens and/or Encumbrances.
25 Lessee shall pay or cause to be paid, all costs of construction
26 and/or installation of all improvements. Lessee shall keep the property
27 free and clear of any and all claims arising out of performance of work,
28 furnishing of materials, and use of utilities.
15.06-141
02/26/93 3
15.06-141 - LEASE - COMCAST CABLEVISION INC. , PORTION OF NUNEZ PARK
1 10. Permits and Fees.
2 Lessee shall obtain all necessary permits and pay all license
3 fees, assessments, taxes, penalties or fines which may be levied against
4 said property by virtue of the installation of Lessee's leasehold improve-
s ments, equipment, furniture, fixtures or other personal property.
6 11. Liability Insurance.
7 Lessee agrees to procure and maintain in force during the term of
8 this Lease and any extension, at its own expense, public liability insurance
9 in companies and through brokers approved by Lessor, adequate to protect
10 against liability for damage claims arising in or around the Leased premises
11 in a minimum amount of at least one million dollars ($1,000,000) combined
12 single limit. Lessee shall provide to Lessor a certificate of insurance and
13 an additional insured endorsement which provides:
14 (a) The City of San Bernardino as an additional insured.
15 (b) The insurance company name, policy number, period of cover-
16 age, and the amount of insurance.
17 (c) That the Real Property Section of the City of San Bernardino
18 must be given notice in writing at least thirty (30) days prior to
19 cancellation, material change, or refusal to renew the policy.
20 (d) That Lessee's insurance will be primary to any coverage the
21 City of San Bernardino may have in effect.
22 12. Hold Harmless.
23 Lessee shall hold Lessor, its elective and appointive boards,
24 commissions, officers, agents, and employees harmless from any liability for
25 damage or claims for damage for personal injury, including death, as well as
26 from claims for property damage which may arise from Lessee's operations
27 under this Lease, whether such operations be by Lessee or by any one or more
28 persons directly or indirectly employed by or acting as agent for Lessee.
15/06-141
02/2/93 4
15.06-141 - LEASE - COMCAST CABLEVISION INC. , PORTION OF NUNEZ PARK
1 Lessee agrees to and shall defend Lessor and its elective and appointive
2 boards, commissions, officers, agents, and employees from any suits or
3 actions at law or in equity for damages caused, or alleged to have been
4 caused, by reason of any of Lessee's operations under this Lease.
5 13. Taxes/Possessory Interest.
6 Lessee recognizes and understands that this Lease may create
7 a possessory interest subject to property taxation, and that the Lessee may
8 be subject to the payment of property taxes levied on such interest. Lessee
9 agrees to, and shall hold harmless, Lessor from any and all liability for
10 any such taxes due by virtue of tenant's leasehold improvements, equipment,
11 furniture, fixtures, or other personal property.
12 14. Compliance with Laws.
13 Lessee shall not violate, nor allow the violation of, any
14 law of the City, State or Federal governments or rules of the City, in con-
15 ducting its operations under this Lease.
16 15. No Sublease or Assignment.
17 Lessee shall not sublet the premises, or any part thereof,
18 or assign this Lease, without Lessor's prior written consent.
19 16. Default
20 Lessor shall have the right of immediate termination of this
21 Lease and of immediate occupancy of the leased premises in the event Lessee
22 violates any of its terms or conditions. Such immediate termination shall
23 not relieve Lessee from liability for damages for breach of lease or for
24 injury to the leased premises.
25 17. Amendment.
26 This Lease may be amended or modified only by written agreement
27 signed by both parties. Failure on the part of either party to enforce any
28 provision of this Lease shall not be construed as a waiver of the right to
15.06-141
02/26/93 5
15.06-141 - LEASE - COMCAST CABLEVISION INC. , PORTION OF NUNEZ PARK
1 compel enforcement of such provision or provisions, nor act to release any
2 surety from its obligations under this Lease.
3 18. Termination
4 A one hundred-twenty (120) day written notice of termination
5 of this Lease by either party may be given to the other party, and this
6 Lease shall terminate one hundred-twenty (120) days thereafter.
7 19. Notices
8 All notices given in connection with this Lease shall be in
9 writing and delivered in person or sent by certified mail, postage prepaid,
10 addressed as follows:
11 LESSOR LESSEE
City of San Bernardino Comcast Cablevision, Inc.
12 Real Property Section 2090 North "D" Street
300 North "D" Street San Bernardino, CA 92405
13 San Bernardino, CA 92418
14
15 20. Option to Renew
16 If Lessee has fully performed all of the terms, conditions, and
17 covenants of this Lease for the lease term hereof, then Lessee shall have
18 the option to renew this Lease for an additional ten (10) year period after
19 the expiration of the term of this Lease. Said renewal shall be at a total
20 rent to be negotiated by the Lessor and Lessee, but at a rate no less than
21 the current rent plus twenty-five percent (25%) or three thousand dollars
22 ($3,000.00) . To exercise the option to renew, Lessee must give Lessor
23 written notice of Lessee's intention to do so at least one hundred-twenty
24 (120) days prior to the expiration of this Lease.
25 21. Covenants
26 There are no covenants or warranties other than those expressed
27 in this Lease.
28
15.06-141
02/26/93 6
15.06-141 - LEASE - COMCAST CABLEVISION INC. , PORTION OF NUNEZ PARK
1 IN WITNESS WHEREOF, the parties have executed this Lease on the day
2 and year set forth at the beginning of this Lease.
3
4 CITY OF SAN BERNARDINO
5
6 _
W. R. Holcomb, Mayor
7
8
9 ATTEST:
10
11
Rachel Clark, City Clerk
12
13
14
15 COMCAST CABLEVISION, INC.
16
17 By: q,"C4!�/
18 Michael Schenker, General Manager
19 By.
Ju
20 y Dre n, B siness Manager
21
22
23 Approved as to form
and legal content
24
25 James F. Penman,
City Attorney
26
27 By:
28
15.06-141
02/26/93 7
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EXIST. C&G 4TH ST.
CITY OF SAN BERNARDINO
FILE NO. : 15.06-141 LEASE FOR: CIM AST CAMZMICN, INC.
LOCATION: TF.IMUS OF KIN12W AVENUE AND 1nIEST LME CF TIATCTANA STREET
(NUNEZ PARK)