HomeMy WebLinkAbout1993-04-19; Parks & Recreation Commission; 493-5; Request to lease propertyPARKS & RECREATION COMMISSION - AGENDA BILL
DEPT.
TITLE: REQUEST TO LEASE
PROPERTY/CHASE FIELD
(ACTION)
RECOMMENDED ACTION:
Consider a request by U.S. West Cellular to lease a portion of Chase Field. If the
Commission concurs, direct staff to proceed to City Council for further approval.
ITEM EXPLANATION;
The City has received a request from U. S. West Cellular to lease a portion of Chase
Field for the purpose of providing a mobile phone facility (Exhibit 1).
As outlined in the Draft Lease Agreement (Exhibit 2), the direct benefit to the City
would be receipt of annual lease payments of $9,600. In addition, the City would be
provided with a permanent 240 square foot storage structure which would replace the
existing cargo container currently located at the site.
In a memo from the Parks Superintendent (Exhibit 3), he is recommending approval
of the mobile phone facility. Staff will give a presentation to the Commission and
provide greater detail and project description.
EXHIBIT:
1. Memo to Parks and Recreation Director - January 28, 1993/U.S. Cellular
Request
2. Memo to Parks and Recreation Director - March 17, 1993/Propose (Draft)
Lease
3. Memo from Park Superintendent - April 12, 1993
0 2 1992
January 28, 1993
TO: DIRECTOR PARKS AND RECREATION
FROM: Utilities and Maintenance Director
CHASE PARK - PROPOSED LEASE FOR U.S. WEST CELLULAR SITE
Attached is a proposal from U.S. West Cellular for a lease at Chase Park for a mobile telephone
:acility.
I have informed Frank Mannen of U.S. West's interest and assigned Chuck Walden to manage this
project. Chuckhas been coordinating our efforts with Doug Duncanson of your staff. We have
submitted the^proposal to Planning for their review and we will keep you informed of our progress.
If you haye'any questions, please don't hesitate to call me.
RWA/CW:kq
c: Assistant City Manager
MEM9308S.FM
01 qj _*. * /EXHIBIT 1
U S WEST Cellular of California. Inc.
3785 6tn Avenue
San Diego. California 92'03
619 295-6202
LlttWEST
CELLULAR
December 28, 1992
Mr. Chuck Walden
City of Carlsbad
405 Oak Avenue
Carlsbad, California 92008
Re. Chase Park Cell Site Proposal
Dear Mr. Walden:
Pursuant to our meeting on December 21, 1992, the following proposal is submitted for
your review and action.
US WEST Cellular of California, Inc. desires to enter into a lease with the City of Carlsbad
on a portion of property known as Chase Field in the City of Carlsbad for the construction
of a mobile telephone facility. The property is currently improved with park and
recreation facilities consisting of baseball fields and associated improvements. Initial
testing of the site for a mobile telephone facility (cellular telephone) was conducted with
your approval to determine the suitability of the site for the intended use. The site was
found to satisfy USWEST's needs and expectations.
US WEST proposes to construct a facility consisting of a single story equipment shelter
(12' x 36') and a 70 foot tall monopole antenna structure to be solely used by US WEST.
The monopole shall replace an existing 55 foot tall light standard currently used to light
the non; erly baseball field. The existing lighting fixtures shall be reattached to the
monopole at the current elevation. Please find the attached exhibits which illustrate our
proposal and proposed lease area location.
The site currently supports a large metal storage unit utilized by the city. As part of the
consideration for the lease, USWEST shall construct a permanent storage structure
consisting of approximately 288 square feet (12' x 24') to replace the metal storage unit.
The proposed storage structure shall not be utilized by USWEST and will be constructed
for the benefit of the City of Carlsbad. Additionally, USWEST shall pay to the City of
Carlsbad, or other such entity as designated by the city, an annual rental $9,600.00, paid
monthly for an initial term of 5 years. USWEST shall have the right to extend the lease
for 4 additional 5 year periods with annual rents increased by 3% for each 5 year term.
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USWEST's ability to use the property and obligation to pay rent shall be contingent upon
its obtaining, after the execution date of the lease, all certificates, permits, and other
approvals that may be required by any federal, state, or local authorities.
As we have discussed, I am not familiar with the city's procedures in processing this
matter. Therefore, after your review and internal discussions with appropriate city
personnel, please advise me as to the proper channels of submittal and contact.
Thank you for your consideration in this matter I believe that by locating our facility on
Chase Field, rather than privately owned property, we will be able to provide our cellular
telephone users with outstanding service and direct improvements and rents to the City of
Carlsbad for the public benefit. Please do not hesitate to call if you have any questions or
concerns.
Sincerely,
USWEST Cellular of California, Inc.
Lawrence R. Doherty
Regional Real Estate Manager
SDGC ARLSB AD - Assessor's Map No. 204-19-193
CHASE FIELD, CORNER OF CHESTNUT AVE & JEFFERSON ST.
CARLSBAD, CA. 92008
uswesr REGIONAL REAL ESTATE MANAGEMENT - CALIFORNIA REGION
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RECEIVED MAR 2 3 1992
March 17, 1993
TO: PARKS AND RECREATION DIRECTOR
FROM: Utilities and Maintenance Director
CHASE FIELD LEASE FOR U.S. WEST CELLULAR SITE
Enclosed is the draft copy of the lease and site plan for the U.S. West Cellular site at Chase
Field. As you may recall, U.S. West wants to construct a small building to house their
communication equipment and replace the left field foul pole with a 70' antenna. The field
lights would be remounted on the antenna. In addition, they would construct a permanent
storage facility for the City that would replace the existing metal storage container.
Approval of the lease would result in annual revenues of $9600 for rent to the City.
Chuck Walden is managing this project and has been coordinating our efforts with Doug
Duncanson. Chuck has informed me that this issue needs to be submitted to the Parks and
Recreation Commission. Since U.S. West is anxious to process this lease, which is
contingent upon obtaining a C.U.P. and all required governmental approvals, we would like
to have this project considered at the next scheduled commission meeting on April 19.
Chuck would be happy to attend the meeting and provide any backup information you
deem necessary. Pending Commission approval, we would like to submit the lease for
Council consideration on April 27th. The City Attorney and Planning Department have
already reviewed the lease/proposal. U.S. West is preparing the application for the C.U.P.
now and will be submit upon Council approval.
I believe this is a good opportunity to generate additional revenue for the City and obtain
a permanent-storage facility at Chase Field in the process. If you have any questions or
require admtfonal information, please contact Chuck Walden and he will assist you.
c: Assistant City Manager
024 EXHIBIT 2
SPG CARLSBAD
LEASE AGREEMENT
This Agreement, made , 1992, between CITY OF CARLSBAD, hereinafter referred
to as "LESSOR", and US WEST CELLULAR OF CALIFORNIA. INC.. 3350 161st Avenue Southeast, P. O. Box
91211, Bellevue, Washington 98009-2211 hereinafter referred to as "TENANT".
RECITALS
1. LESSOR is the owner of certain real property located in City of Carlsbad. County of San Diego,
State of California, and;
2. TENANT desires to lease a portion of said real property, the leased portion of which shall be hereinafter
referred to as "Property", including rights-of-way and easements for ingress, egress and utilities thereto, containing
approximately 2700 square feet, described on Exhibit "A", and its subparts, attached hereto and incorporated herein
by this reference.
LEASE AGREEMENT
1. LESSOR hereby leases to TENANT that certain parcel of property (hereinafter "Property") containing
square feet situated on Assessor's Parcel Number 204-19-193. City of Carlsbad, County of San Diego.
State of California, together with the non-exclusive right for ingress and egress, seven (7) days a week, twenty-four
(24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires,
cables, conduits, and pipes over, under, or along a twenty (20) foot wide right-of-way and easement extending from
the nearest public right-of-way Chestnut Avenue to the demised premises. LESSOR agrees, without delay, to
execute any such easement documents as may be required by any and all utility companies in connection with
TENANT'S use of said Property. Said Property, right-of-way and easement for ingress, egress and utilities are
described herein in Exhibit "A", and its subparts, attached hereto and made a part hereof by this reference.
2. LESSOR also hereby grants to TENANT the right to obtain metes and bounds legal description and/or a
-"irvey of said Property, and said metes and bounds legal description and/or survey shall then become Exhibit "B"
which shall be attached hereto and made a part hereof, and shall control in the event of discrepancies between it and
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Exhibit "A", and its subparts. Cost of such work shall be paid by TENANT.
3. This Agreement shall be for an initial term of five (5) years, commencing upon written notification by ~
TENANT to LESSOR of TENANTS receipt of all governmental approvals (the "Commencement Date"! at an
annual rental of Nine Thousand Six Hundred Dollars ($ 9.600.00) to be paid in equal monthly installments on the
first day of each month, in advance, to City of Carlsbad or to such other person, firm, or place as the LESSOR may,
from time to time, designate in writing at least thirty (30) days in advance of any rental payment date.
4. TENANT shall have the right to extend this lease for two (2) additional five (5) year terms by giving the
LESSOR written notice of its intention to do so at least six (6) months prior to the end of the then current term.
(a). In addition, this lease may be extended for two (2) additional five (5) year terms (third and fourth
extension) upon written approval bv both TENANT and LESSOR. TENANT shall provide LESSOR written notice
of TENANT'S request for said additional term at least twelve (12) months prior to the end of the then current term.
LESSOR shall provide to TENANT written approval or disapproval for said requested additional term within two
(2) months of the receipt of TENANT'S written request for said additional term.
5. The annual rental for the first five (5) year extension term shall be increased to Eleven Thousand Forty
Dollars ($11.040.00): the second (2nd) five (5) year extension term shall be increased to Twelve Thousand Six
Hundred Ninety Six Dollars ($ 12.696.00): the third (3rd) five (5) year extension term shall be increased to Fourteen
Thousand Six Hundred Dollars ($14.600.00): and the fourth (4th) five (5) year extension term shall be increased to
Sixteen Thousand Seven Hundred Ninety Dollars ($16.790.00).
6. If, at the end of the fourth (4th) five (5) year extension term, this Agreement has not been terminated by
either party by giving to the other written notice of an intention to terminate it at least six (6) months prior to the
end of such term, this Agreement shall continue in force upon the same covenants, terms, and conditions, and at the
rental specified for the fourth (4th) five (5) year extension term, for a further term of one (1) year and for annual
terms thereafter until terminated by either party giving to the other written notice of its intention to so terminate at
least six (6) months prior to the end of such term.
7. TENANT shall use the Property for the purpose of constructing, maintaining, and operating a Mobile
Communications Facility and uses incidental thereto, consisting of one (1) building of approximately 432 square
feet and one (1) antenna structure of approximately 70 feet in height, including cellular antennas, link antennas ~~i
all necessary connecting waveguide and appurtenances. The contents of said building shall include, without
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limitation, radio transmission and computer equipment, and emergency battery and generator equipment. A security
-^nce consisting of chain link construction or similar, but comparable, construction may be placed around the
perimeter of the Property (not including the access easement). All improvements shall be at the TENANT'S
expense. TENANT shall maintain the Property in reasonable condition. It is understood and agreed that
TENANT'S ability to use the Property is contingent upon its obtaining, after the execution date of this Agreement,
all the certificates, permits, and other approvals that may be required by any federal, state, or local authorities.
LESSOR shall cooperate with TENANT in its efforts to obtain such approvals and shall take no action which would
adversely affect the status of the Property with respect to the proposed use thereof by TENANT. In the event that
any of such applications should be finally rejected or any certificate, permit, license, or approval issued to TENANT
is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that TENANT, in
its sole discretion, will be unable to use that Property for its intended purposes, TENANT shall have the right to
terminate this Agreement. Said termination right shall also apply in the event that TENANT is otherwise, within its
sole discretion, precluded from using the Property for its intended purpose. Notice of the TENANT'S exercise of
its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be
-ifective upon receipt of such notice by the LESSOR as evidenced by the return receipt. All rentals paid for the
lease of the Property to said termination date shall be retained by LESSOR. Upon such termination, this Agreement
shall become null and void and all the parties shall have no further obligations, including the payment of money, to
each other.
(a). In addition to TENANT'S described Mobile Communications Facilities. TENANT shall construct.
at TENANT'S expense, for the sole use by the LESSOR, or other party or parties which LESSOR may designate
for time to time, one (O building of approximately 240 square feet. Construction of said building shall be similar in
appearance to the existing building located on the property and shall be constructed with adequate electrical wiring
and fixtures, and shall not be constructed with any plumbing facilities or fixtures. All necessary certificates, permits.
and other approvals that may be required by any federal, state, or local authorities shall be the responsibility of
TENANT.
,. (by From time to time during the term of the lease as set forth in this agreement. LESSOR may, atif
^ESSOR'S sole expense, require TENANT to relocate TENANT'S described Mobile Communications Facilities
pursuant to this agreement to another location on the LESSOR'S property within the same geographical. LESSOR
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shall provide TENANT with (1) building of approximately 432 square feet and similar space for the relocation one
(1) antenna structure of approximately 70 feet in height, including cellular antennas, link antennas and all necer ^v
connecting waveguide and appurtenances.
8. TENANT shall indemnify and hold LESSOR harmless against any claim of liability or loss from personal
injury or property damage resulting from or arising out of the use and occupancy of the Property by the TENANT,
its servants or agents, excepting, however, such claims or damages as may be due to or caused by the acts of the
LESSOR, its servants or agents.
9. TENANT shall procure and maintain for the duration of the contract, insurance against claims for injuries
to persons or damage to property which may arise from or in connection with the performance of the work
hereunder by the TENANT . his agents, representatives, employees or subcontractors. Said insurance shall meet
the LESSOR'S policy for insurance as stated in Resolution No. 91-403.
(a). COVERAGE AND LIMITS - TENANT shall maintain the types of coverage and minimum limits
indicated herein:
1. Comprehensive General Liability Insurance: $1.000.000.00 combined single limit per
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a
separate aggregate in the amounts specified shall be established for the risks for which the
LESSOR or its agents, officers or employees are additional insureds.
10. TENANT will be responsible for all utilities required by its use of the Property. TENANT shall pay any
real estate taxes levied against Property and the improvements constructed thereon by TENANT.
11. TENANT, upon termination of this Agreement, shall, within a reasonable period, remove its personal
property and fixtures and restore the Property to its original condition, reasonable wear and tear excepted. If such
time for removal causes TENANT to remain on the Property after termination of this Agreement, TENANT shall
pay rent at the then existing monthly rate or the existing monthly pro-rata basis if based on a longer payment term,
until such time as the removal of personal property and fixtures is completed. At LESSOR'S option when this
Agreement is terminated, and upon LESSOR'S advance written notice to TENANT. TENANT will leave the
foundation. buildingCs1) and security fence to become the property of LESSOR, or at the discretion of the LESSOR,
shall be removed bv TENANT. ~"
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faV TENANT agrees to deposit with LESSOR, at least ten (10} davs prior to the commencement of
is Lease, either Ten Thousand Dollars ($10.000.00) cash deposit to be held in trust, in an interest bearing account,
or a performance bond in the amount of Ten Thousand Dollars ($10.000.00) for the purpose of securing the
demolition of the building(s') and removal of the antenna structure as provided herein. Said bond shall be made
payable to the City of Carlsbad, and shall be in force during the entire term of this lease or extension there of. The
performance bond shall contain the following notice requirement:
"It is agreed that this bond shall not be canceled nor the coverage reduced
until ninety (90) days after the Director. Utilities and Maintenance of the City
of Carlsbad, shall have received written notice of such cancellation or
reduction. The notice shall be sent by certified or registered mail, and shall be
deemed effective the date delivered to said Director, as evidenced by properly
validated return receipt.
12. Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the
Property (the Property to include only the parcel leased hereunder) to a purchaser other than TENANT, such sale
shall be under and subject to this Agreement and TENANT'S right hereunder, and any sale by the LESSOR of the
portion of the LESSOR'S property underlying any and all rights-of-way and easements for ingress, egress and
utilities herein granted shall be under and subject to the right of the TENANT in and to such rights-of-way and
easements.
13. LESSOR covenants that TENANT, on paying the rent and performing the covenants by it herein made,
shall and may peacefully and quietly have, hold, and enjoy the leased Property.
14. LESSOR covenants that LESSOR is seized of good and sufficient title and interest in the Property and
has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens,
judgments, or impediments of title on the Property.
15. It is hereby mutually agreed and understood that this Agreement contains all agreements, promises, and
understandings between the LESSOR and TENANT and that no verbal or oral agreements, promises, or
understandings shall or will be binding upon either the LESSOR or TENANT in any dispute, controversy, or
oceeding at law, and any addition, variation, or modification to this Agreement shall be void and ineffective unless
in writing and signed by the parties hereto.
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16. This Lease Agreement and the performance thereof shall be governed, interpreted, construed, and
regulated by the laws of the State of California.
17. This Agreement may not be sold, assigned, or transferred at any time by TENANT except to TENANT'S
affiliates or subsidiaries. As to other parties, this Agreement may not be sold, assigned, or transferred without the
written consent of the LESSOR, such consent not to be unreasonably withheld.
18. In the event that either party hereto shall institute suit to enforce any rights hereunder, the prevailing party
shall be entitled to recover court costs and a reasonable attorney's fee. Upon appeal, the prevailing party shall be
entitled to recovery of court costs and reasonable attorneys' fees incurred as a result of such appeal.
19. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return
receipt requested, addressed as follows (or any other address that the party to be notified may have designated to
the sender by like notice):
TENANT: US West Cellular of California. Inc.
3350 161st Avenue Southeast
P.O. Box 91211
Bellevue, Washington 98009-2211 "~
Attn: Real Estate Department
LESSOR: City of Carlsbad
Utilities and Maintenance Director
405 Oak Avenue
Carlsbad, California 92008
Telephone: 619-438-7753
20. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of the
parties hereto.
21. At LESSOR'S option, this Agreement shall be subordinate to any mortgage by LESSOR which, from time
to time, may encumber all or part of the Property and any or all Rights-of-Way and easements thereto; provided,
however, every such mortgage shall recognize the validity of this Agreement in the event of a foreclosure of
LESSOR'S interest and also TENANT'S right to remain in occupancy of and have access to the Property as long as
TENANT is not in default of this Agreement. TENANT shall execute whatever instruments may reasonably be_
required to evidence this subordination clause. If the Property is presently encumbered by one or more mortgages,
30
LESSOR will provide TENANT with a Non-Disturbance Agreement in recordable form for each such mortgage.
"' 22. LESSEE shall indemnify, defend and hold LESSOR harmless from and against any claim, cost, expense
(including reasonable attorney's and consultant's fees), damage, penalty, or liability imposed upon LESSOR resulting
from the treatment, storage, generation, release or disposal of any substance by LESSEE, its agents, contractors or
employees, on, under, in, or about the Property which substance is designated as hazardous, dangerous, toxic, or
harmful and/or subject to regulation under federal, state or local law, regulation or ordinance ("Hazardous
Substances").
23. The rights and obligations of the parties as set forth in paragraph number 22 shall survive the termination
of this agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year
first above written.
LESSOR:
~ City of Carlsbad
By:
Its:
SS # or Taxpayer ED#
TENANT:
US West Cellular of California, Inc.
By
Its
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State of California
County of
On before me,
personally appeared
.(here insert name and title of officer)
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 instument 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
instument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument.
WITNESS my official hand and seal.
Signature ; (Seal)
State of California
County of
On before me,
_(here insert name and title of officer)
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 instument 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
instument the person(s). or the entity upon behalf of which person(s) acted, executed the instrument.
WITNESS my official hand and seal.
Signature (Seal)
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EXHIBIT "A'
PAGE 1 of 2
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
LOTS 1 THROUGH 32, INCLUSIVE IN BLOCK 61 OF CARLSBAD, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 365, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, 1887.
TOGETHER WITH ALL THE ALLEY LYING WITHIN SAID BLOCK 61 AS
VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION RECORDED APRIL
18, 1930 IN BOOK 1755, PAGE 287 OF DEEDS.
ALSO TOGETHER WITH THE SOUTHEASTERLY HALF OF CHESTNUT
AVENUE ADJACENT TO AND ADJOINING THE NORTHWESTERLY LINE OF
SAID BLOCK 61, AS VACATED AND CLOSED TO PUBLIC USE BY
RESOLUTION NO. 265, RECORDED JUNE 24, 2957 IN BOOK 6633, PAGE 230 OF
OFFICIAL RECORDS.
33
PALM AVENUE
EXHIBIT "A-l"
Assessor's Parcel No. 204-19-193
Page 2 of2
HWEd
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O£M<o
CHESTNUT AVENUE 34
April 12, 1993
TO: SENIOR MANAGEMENT ANALYST
FROM: Parks Superintendent
MOBIL TELEPHONE FACILITY AT CHASE FIELD
U.S. West Cellular of California has proposed leasing approximately 1,152 square feet of
space a the Chase field site (see attached). This request is for equipment storage
structure and antenna which would be mounted to a new light pole. The location of this
structure would be near the north west corner of the complex where the existing storage
container is currently located. U.S. West Cellular's proposal also include rent to the City,
in the amount of $9,600 annually. Another item included in their request is the
construction of a permanent 240 square ft. storage structure for the cities sole usage as
well as a 430 square ft. equipment storage structure for U.S. West Cellular.
Recommendation
The Parks staff feels this structure would be satisfactory and approval should be given.
Discussion
The construction of this facility should not have any maintenance impacts to the Parks
division. Graffiti, an existing problem, will continue to be a concern at this location. The
size of the structure may deter this area as a "hang-out" (loitering area).
Some of the concerns that staff feels should be addressed in the contract are: vandalism
responsibility, graffiti removal and/or hold harmless clause.
There currently is another cellular antenna facility on Basswood adjacent to the football
field at Carlsbad High School. We have contacted Carlsbad High's maintenance staff
regarding the structure at their site and found there were no problems related to that
facility.
If there are any concerns which you feel should be addressed regarding this complex
please contact me or Chuck Walden, of Utilities Maintenance at extension 4109.
)OUG DUNCANSON
ck
c: Parks and Recreation Director
\wp51\doug\memos\cellular.rqs
034A EXHIBIT 3