HomeMy WebLinkAboutReso 51-2001RESOLUTION NO. 51-2001
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALWORNIA
A RESOLUTION APPROVING A LEASE WITH
SPRINT SPECTRUM L.P. FOR THE INSTALLATION
OF PERSONAL COMMUNICATION SERVICE (PCS)
FACILITY AT SELLICK PARK
WHEREAS, it is recommended that the City Council approve a lease with Sprint
Spectrum L.P. for the installation of a personal communication service (PCS) facility,
including related antennas, cables, and power equipment at Sellick Park.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South
San Francisco that the City Council hereby approves the lease, attached hereto as Exhibit A,
with Sprint Spectrum L.P. for the installation of personal communication service (PCS)
facility at Sellick Park. The City Manager is hereby authorized to sign the lease on behalf of
the City.
I hereby certify that the foregoing Resolution was regularly introduced and adopted
by the City Council of the City of South San Francisco at a regular meeting held on the 27th
day of June, 2001 by the following vote:
AYES:
Councilmembers Pedro Gonzalez, Karyl Matsumoto and John R. Penna,
Mayor Pro Tem Eugene Mullin and Mayor Joseph A. Fernekes
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
· /t(// City Clerk /
SITE LEASE AGREEMENT
This Site Lease Agreement ("Agreement")is entered into this day of ,2001, between
SPRINT SPECTRUM L.P., a Delaware limited partnership '("Lessee") and the CITY OF SOUTH SAN FRANCISCO, a
Municipal Corporation ("Lessor").
RECITALS
WHEREAS, Lessor is the owner of the property described in Section 1 below; and
WHEREAS, Lessee desires to lease said property for five years with four (4) five (5) year options for the purpose of installing
and operating a personal communications service system facility; and
WHEREAS, the parties desire to enter into this lease ("Lease") upon the terms and conditions set forth below.
For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as
follows:
1. Property. Lessor is the owner of a pamel of land (the "Land") located in the City of South San Francisco, County of
San Mateo, State of California, commonly known as Sellick Park. The land is more particularly described in Exhibit A annexed hereto.
Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately Four Hundred (400) square feet of the Land with
access to and use of a light standard; and all access and utility easements (the "Property"), as described in Exhibit B annexed hereto.
2. Use. The Property may be used by Lessee to install, remove, replace, maintain, modify and operate, at Lessee's
expense, a personal communications service system facility ("PCS"), including related antennas, equipment, back-up power sources
.... "ncluding generators and fuel storage tanks), cable, wiring and fixtures, and if applicable, an antenna structure. Lessor agrees to
9operate with Lessee, at Lessee's expense, in making application for and obtaining all licenses, permits and any and all other
ecessary approvals that may be required for Lessee's intended use of the Property. Notwithstanding the foregoing, Lessor does not
warrant or represent that Lessee will obtain zoning approval for its facilities.
3. Tests and Construction. Lessee shall have the right at any time following the full execution of this Agreement to enter
upon the Land for the purpose of making appropriate surveys, inspections, soil test borings, or other reasonably necessary tests and
constructing the Lessee Facilities (as defined in Paragraph 6(a) below) upon not less than twenty four (24) hours prior notice to Lessor.
All Lessee employees, agents and contractors entering onto the Land or Property shall carry identification identifying themselves as
employees or contractors of Lessee.
4. Term. The term of this Lease shall be five (5) years, commencing sixty (60) days after the issuance of a building
permit ("Lease Commencement Date"), and ending on 2006, unless extended or sooner terminated as provided for in this Lease. The
Lease, may be extended beyond the initial term of this Lease for four (4) additional terms of five (5) years each (Renewal Term(s)),
subject to all the provisions of this Lease. Not less than ninety (90) days before the last day of the initial term or subsequent renewal
term(s) term, Lessee shall give Lessor notice of its desire to have the lease extended beyond the initial term or subsequent renewal
terms. Each party shall execute a memorandum, in recordable form, acknowledging the fact that the option has been exercised and
otherwise complying with the requirements of law for an effective memorandum or abstract of lease.
5. Rent.
(a) Until the date which is sixty (60) days after the issuance of a building permit, rent will be a one-time
aggregate payment of ONE HUNDRED DOLLARS ($100.00), the receipt of which Lessor shall acknowledge. Thereafter, Lessee shall
_..Day to Lessor monthly rent in the amount of ONE THOUSAND FIVE HUNDRED DOLLARS ($1500.00) ('Rent"). Lessee shall pay Rent
1 advance in monthly installments payable on the first day of each month with the first payment due on Commencement Date. The
{ent and any other sums payable by Lessee hereunder shall be paid by Lessee without notice, demand or offset to the City of South
~an Francisco, or at such other place or places as may from time to time be designated by Lessor. Failure to pay rent shall be deemed
a default of the Lease.
Sprint Lease Agreement
Page 1 of 8
(b) For any Renewal Term, Lessee shall pay the then current Rate, increased by any percentage increase that
occurred in the Consumer Price Index ("CPI") for "All Items- All Urban Consumers" for the San Francisco-Oakland-San Jose
~letropolitan Statistical Area during the preceding five (5) year period. However, such increase shall in no event be less than fifteen
,ercent (15%) of the Rent for the previous Term or Renewal Term. If the index is discontinued or revised, such other govemment index
ur computation with which it is replaced shall be used in order to obtain substantially the same result as if the Index had not been
discontinued or revised.
6. Facilities: Utilities; Access.
(a) Lessee has the right to install, remove, replace, maintain, modify and operate, at Lessee's expense, a
personal communications service system facility ("PCS"), including related antennas, equipment, back-up power soumes (including
generators and fuel storage tanks), cable, wiring and fixtures, and if applicable, an antenna structure. In connection therewith, Lessee
has the right to do all work necessary to prepare and maintain the Property. Lessee may also, with Lessor's approval, make such
improvements on, or add attachments, to the Property as the Lessee deems necessary from time to time for operation of the PCS. All
of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike
manner and shall conform to those conditions imposed by the Lessor. Title to the Lessee Facilities shall be held by Lessee. All of
Lessee's Facilities shall remain Lessee's personal property and are not fixtures. Lessee has the right to remove all Lessee Facilities at
its sole expense on or before the expiration or earlier termination of the Agreement; provided Lessee repairs any damage to the
Property caused by such removal.
In no event shall Lessee interfere with any current or future use of the land by Lessor.
(b) Lessee and Lessor shall each pay for the electricity they consume, respectively, in their operations at the
rate charged by the servicing utility company. Lessee shall have the right to draw electricity and other utilities from the existing utilities
on the Land or obtain 'separate utility service from any utility company that will provide service to the Land. Lessor agrees to sign such
locuments or easements as may be required by said utility companies to provide such service to the Property, including the grant to
.essee or to the servicing utility company at no cost to the Lessee, of an easement in, over across or through the land as required by
;uch servicing utility company to provide utility services as provided herein. Any easement necessary for such power or other utilities
will be at a location acceptable to Lessor and the servicing utility company.
(c) Lessee, shall have access to the Property twenty-four (24) hours a day,
seven (7) days a week, at no charge upon two (2) hours notice to Lessor. In the event of
an emergency, Lessor's notice requirement shall be waived and Lessee shall notify the Lessor
within 24 hours after the emergency. An emergency shall include any event which renders the PCS inoperable or to malfunction.
7. Interference.
(a) Lessee shall operate the Lessee's Facilities in a manner that will not cause interference to Lessor. All
operations by the Lessee shall be in compliance with any and all applicable laws.
(b) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit its lessee's or licensees to
install new equipment on the Property, if such equipment is likely to cause interference with Lessee's operations. In the event that
interference occurs, Lessor agrees to take all reasonable efforts to eliminate such interference, in a reasonable time period. Lessor
shall retain all rights of access to the property, including Lessee's facilities, without obtaining the prior consent of Lessee for said
access.
8. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the
Lessee Facilities.
9. Waiver of Lessor's Lien. Lessor waives any lien rights it may have concerning the Lessee Facilities which are
leemed Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any time without Lessor's
consent.
Sprint Lease Agreement
Page 2 of 8
10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior wdtten notice as
_ f.o_llows:(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)
~ys of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of
)rice; or (ii) by Lessee for any reason or no reason, provided Lessee delivers written notice of early termination to Lessor no later than
u,irty (30) days prior to the Commencement Date; or (iii) by Lessee if it does not obtain or maintain any license, permit or other
approval necessary for the construction and operation of Lessee Facilities; or (iv) by Lessee if Lessee is unable to occupy and utilize
the Property; or (v) by Lessee if Lessee determines that the Property are not appropriate for its operations for economic or
technological reasons. Upon termination of this Agreement under this Section 10 or under Section 4, Lessee shall remove all Lessee
Facilities and shall restore the Property, as near as possible, to its previous condition.
11. Destruction or Condemnation. If the Property or Lessee Facilities are damaged, destroyed, condemned or transferred
in lieu of condemnation, Lessee may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or
transfer in lieu of condemnation by giving notice to Lessor no more than forty-five (45) days following the date of such damage,
destruction, condemnation or transfer in lieu of condemnation. If Lessee chooses not to terminate this Agreement, Rent shall be
reduced or abated in proportion to the actual reduction or abatement of use of the Property.
12. Insurance.
(a) General Liability.
Lessee agrees to maintain and pay for a general liability policy naming Lessor, its officers, and employees as additional insured and
insuring them against liability or financial loss resulting from injuries occurring to persons or property in or about or in connection with
the use of Lessor's property under this Agreement. Each Policy of insurance shall provide primary coverage on an occurrence basis in
a company satisfactory to Lessor in the following minimal amounts: personal injury, $1,000,000 for each pereon and $1,000,000 per
occurrence; property damage, $500,000 per occurrence. Each policy shall provide that it shall not be cancelled or reduced in coverage
ithout 30 days prior written notice to Lessor. The general liability policy shall provide (a) if Lessor, its officers or employees have other
,surance against loss covered by said policy, said other insurance shall be excess insurance only, and (b) that Lessor, its officers and
mployees are not precluded from claim under said policy against other insured parties.
(b) Lessee shall file Certificate and Endorsements of Insurance with Lessor in a form satisfactory to the Lessor
upon execution of this Agreement, evidencing said coverage and the requirements of this paragraph. The Certificates and
Endorsements shall contain a reference to the date and title of this Agreement.
All of the insurance companies providing insurance for Lessee shall have an A.M. Best & Co. rating of A or above.
13. Assignment and sublettin.(:l. Lessee may not assign or transfer this Agreement or sublet any portion of the Property
without the prior written consent of the Lessor, which shall not be unreasonably withheld. Any purported assignment, transfer, or sublet
in violation of this section shall be void.
14.
Agreement.
Warranty of Title and Quiet Enjoyment. Lessor warrants that Lessor has full right to make and perform this
15. Repairs.
(a) Lessee shall maintain the Property and the Lessee Facilities in a neat, clean and graffiti-free condition
throughout the Term of this Agreement and shall make any repairs to the Property or Land necessitated by reason of the default or
neglect of Lessee. Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall restore the Property
to the condition in which it existed upon execution hereof. Lessor shall be solely responsible for maintaining and repairing the Lessor
_Facilities.
(b) Lessee shall comply with all present and future laws, orders and regulations relating to the Electromagnetic
Fields ("EMF") and Radio-Frequencies ("RF"), including, but not limited to, the standards set by the Amedcan National Standards
Institute (ANSI) and the Federal Communications Commission ("FCC"). Without limiting the provisions of Lessee's indemnity contained
Sprint Lease Agreement
Page 3 of 8
elsewhere in this Agreement, Lessee, on behalf of itself and its successors and.assigns, shall indemnify the Lessor from and against all
claims of injuries due to EMF's and RF's to the extent such personal injuries are caused by Lessee's Facilities on the Property.
(c) The FCC's RF emission exposure standards went into effect on October 15,1997. Said standard are set
,orth in Section 1.1307 Et. Seq. of the FCC Rules and in a related advisory document, "Evaluating Compliance with FCC Guidelines for
Human Exposure to Radio Frequency Electromagnetic Fields," OET Bulletin 65, Edition 97-01, issued August 25,1997.
Notwithstanding anything to the contrary contained in this Agreement, it is Lessor's responsibility to make sure Lessor's employees and
agents are informed of and comply with these FCC standards when conducting work on or around the Lessee Facilities.
16. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on,
under, about or within the Land in violation of any law or regulation. Lessor represents, warrants and agrees (1) that neither Lessor nor,
to Lessor's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal
of, any Hazardous Material (defined below) on, under, about or within the Land in violation of any law or regulation, and (2) that Lessor
will not, and will not permit any third party to use, generate, store or dispose of, any Hazardous Material on, under, about or within the
Land in violation of any law or regulation. Lessee agrees to defend, indemnify and hold harmless the other and the other's partners,
affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attorney's fees and
costs) arising from any breach of any representation, warranty or agreement contained in this paragraph. As used in this paragraph,
"Hazardous Material" shall mean any product, substance, chemical or waste that is identified as hazardous, toxic or dangerous in any
applicable federal, state or local law or regulation. This paragraph shall survive the termination of this Agreement.
17. Miscellaneous.
(a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes
all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must
be in wdting and executed by both parties.
(b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this
~,greement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be
affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(c)
respective parties.
This binding be binding on and inure to the benefit of the successors and permitted assignees of the
(d) Any notice or demand required to be given herein shall be made by certified or registered mail, retum
receipt requested, or reliable overnight courier to the address of the respective parties set forth below:
Lessor:
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Lessee:
Sprint Spectrum L.P.
4683 Chabot Drive, Suite 100
Pleasonton, CA 94588
With a copy to:
Sprint Spectrum L.P.
4900 Main Street, 12t"Floor
Kansas City, MO 64112
(e) This Agreement shall be governed by the laws of the State of Califomia.
(f) If requested by Lessee, Lessor agrees to promptly execute and to deliver to Lessee a recordable Memorandum of
this Agreement in the form of Exhibit C.
(g) All Exhibits attached hereto are incorporated by reference into this Agreement.
Sprint Lease Agreement Page 4 of 8
18. Indemnification and Hold Harmless. Lessee hereby agrees to indemnify, defend, and hold harmless Lessor, its
[icers, agents, and employees from and against any and all claims, demands, liabilities, liens, costs, expenses, penalties, damages,
id losses, including, without limitation, reasonable attomeys' fees and court costs, whether sustained or suffered by indemnities or
mird parties, which are suffered as a direct or indirect result of Lessee's use of the Property under this Agreement regardless of
whether such liability, cost, or expense arises during the time this Agreement is in effect or thereafter, unless such liability, cost or
expense is proximately caused by the negligence or willful misconduct of Lessor, its officers, agents, or employees.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
LESSOR:
CITY OF SOUTH SAN FRANCISCO,
a Municipal Corporation
LESSEE:
SPRINT SPECTRUM L.P.
By:
Print Name:
Its:
By:
Print Name: Edward S. Regua
Its: Regional Director
Attest:
Approved as to form:
Agency Attorney
Sprint Lease Agreement
Page 5 of 8
EXHIBIT A to SITE LEASE AGREEMENT
DESCRIPTION OF OWNER'S PROPERTY
Description of Owner's Property:
The real property situated in the City of South San Francisco, County of San Mateo, State of California commonly
described as Sellick Park, and more particularly described as:
COMMENCING for reference at the Northeasterly corner of that certain parcel of land described in Deed to the
Westborough County Water District, filed in Volume 5194 of Official Records at Page 731, San Mateo County
Records; thence along the Southeasterly line of Westborough Boulevard, as described by Deed filed in Volume 4033
of Official Records at Page 514, North 59° 12' East 44.88 feet; thence North 69° 18' 46" East 471.67 feet and South
6° 30' West 95.56 feet to the TRUE POINT OF BEGINNING; thence from said TRUE POINT OF BEGINNING
North 69° 18' 46" East 63.66 feet; on the arc of a curve to the right, tangent to the last preceding course with a
radius of 165.02 feet, subtending a central angle of 53° 05' 58" an arc distance of 152.93 feet; South 57° 35' 16"
East 389.92 feet; South 24° 58' 24" East 43.87 feet; South 58° 16' 03" East 194.27 feet; South 31° 43' 57" West
62.04 feet; and South 5° 21' East 296.74 feet to a point in the Northerly line of a proposed street; thence along said
street line, Northwesterly, on the arc of a curve to the right, from a tangent bearing North 84° 18' 19" West, with a
radius of 650 feet, subtending a central angle of 40° 10' 04", an arc distance of 455.69 feet to a point of reverse
curvature; thence on the arc of a curve to the left, from a tangent bearing North 44° 08' 15" West, with a radius of
575 feet, subtending a central angle of 39° 33' 15", an arc distance of 396.95 feet; thence, leaving said line, North 6°
30' East 328.62 to the TRUE POINT OF BEGINNING.
A.P.N. 091-143-180
)wner Initials
SSLP Initials
Sprint Lease Agreement
Page 6 of 8
EXHIBIT B to SITE LEASE AGREEMENT
DESCRIPTION OF SSLP'S SITE
[Site Plans Attached Consisting of 2 Pages]
Note: SSLP may replace this Description of ssLP's Site with the plans submitted to the local jurisdiction for a building
permit and/or as-built drawings depicting the Site and PCS. Such replacement description shall be deemed a part of this
Agreement and shall be binding on Owner and SSLP.
Owner Initials
SSLP Initials
Sprint Lease Agreement
Page 7 of 8
EXHIBIT C to SITE LEASE AGREEMENT
MEMORANDUM OF PCS SITE AGREEMENT
THIS MEMORANDUM OF PCS SITE AGREEMENT is made and entered into as of
2001 by and between City of South San Francisco, a Municipal Corporation ("Owner") and SPRINT SPECTRUM L.P., a Delaware
limited partnership CSSLP").
WITNESSETH:
That Owner hereby leases to SSLP and SSLP hereby leases from Owner a portion of that certain real property (the
"Property") in the State of California, County of San Mateo, City of South San Francisco commonly known as Sellick Park, a legal
description of which is shown in Exhibit A attached hereto and incorporated herein by reference, under the terms and conditions of the
unrecorded PCS Site Agreement by and between Owner and SSLP dated by Owner ,2001 and incorporated
herein by reference (the "Agreement") for an initial term of five (5) years, and four (4) subsequent optional extension terms of five (5)
years each, pursuant to the terms of the Agreement. The Agreement provides for grant of an easement for rights of access to the
Property and to electrical and telephone facilities serving the Property.
IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first above written.
SSLP: SPRINT SPECTRUM L.P.,
a Delaware limited partnership
Owner: City of South San Francisco,
a Municipal Corporation
By:
Edward S. Regua
Title: Regional Director of Site Development
Address: 4683 Chabot Drive, Suite 100
Pleasanton, California 94588
By:
Title:
Address: 400 Grand Ave., South San Francisco, CA
[FORM DOCUMENT, PLEASE INITIAL ONLY - NOT FOR EXECUTION]
Owner Initials
SSLP Initials
pcs48\oksite lease.final. O01
Sprint Lease Agreement
Page 8 of 8
i
NORTHWEST ELEVATION
EXIST1NG 4"X4',
TO BE REPLACED WlI~I
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P,ROPOSi~ SPliNT AN'I~INAS
S[CTOR GAMMA ~ 220'
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4685 CHABOT ORNF~ SUn[ 100
PLEASANTON, CA 94588
=PROJECT INFORMATION:
SELLICK PARK
SF54XC245B
SOUTH SAN FRANCISCO, CA 94080
DALY CITY, CA. 94015
:CURRENT ISSUE DATE:
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