HomeMy WebLinkAbout10/20/1999 - STAFF REPORTS (16) DATE: October 20, 1999
TO: City Council
FROM: Director of Communications
GROUND LEASE AGREEMENT WITH COX PCS ASSETS, L.L.C.
RECOMMENDATION:
It is recommended that the City Council approve a Ground Lease Agreement with Cox
PCS Assets, L.L.C., allowing Cox to install communications equipment at the Old Police
Radio Building.
BACKGROUND:
Cox PCS Assets is proposing to lease space within the existing Old Police Radio Building
to house their cellular communications equipment. They will replace the City's existing
tower with a new tower that they will maintain. Cox PCS will pay the City $750.00 per
month for the use of the site, with an annual CPI increase not to exceed 5% per year. The
City will have the right to add additional cellular systems to the tower and generate
additional revenue. By co-locating several users to this one tower, it will reduce the
number of cellular sitesin the area.
The Planning & Zoning Department staff has reviewed the proposed agreement and
stipulated certain construction requirements and conditions for approval. The conditions
have been included in the construction plans.
W. Runge Dallas J. Flicek
1�6hector of 'cations Assistant City Manager - Administration
APPROVED
14�i—ty Marlager
ATTACHMENTS:
1. Ground Lease Agreement-to be provided
2. Minute Order
3. Construction Plans 4
i
Gbl:'r'tflMIM Cox PCS Assets,LLC
Ground Lease
ERK , AGREENEgT#4161 Agreement
GOUT �E
f°'OF PALM SPFO r BOX2748 M06512, 10.20.99 Related
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,c4ppiM'CA GROUND LEASE AGREEMENT — — — — — — -- —
THIS GROUND LEASE ("Lease"), made and entered into on this 20 day of October,
1999, by and between the CITY OF PALM SPRINGS, a municipal corporation
("LESSOR"), and between COX PCS ASSETS, L.L.C., a Delaware limited liability
company ("LESSEE"), wholly owned by Cox Communications PCS, L.P., a Delaware
limited partnership ("Cox L.P.").
WITNESSETH THAT:
WHEREAS, LESSOR is the owner of that certain real property located at 3111 E.
Tahquitz Canyon Way (in a location commonly referred to as Old Police Radio Building)
Palm Springs, California, as more specifically described at Exhibit A-1 attached hereto
and incorporated herein by this reference ("LESSOR's Property"): and
WHEREAS, LESSEE desires to lease a portion of LESSOR's Property, together
with a license for access (including but not limited to access for vehicles and temporary
parking) and a right-of-way for utilities ("Property");
NOW, THEREFORE, in consideration of the premises and of the mutual
obligations and agreements herein contained, the parties hereby agree as follows:
1. THE PROPERTY
A. The legal description of LESSOR's Property is contained in Exhibit
"Al" attached hereto and by this reference incorporated herein.
B. LESSOR hereby leases to LESSEE and LESSEE leases from
LESSOR, the Property. The Property which is the subject of this Lease is contained
within LESSOR's Property and is situated substantially as shown on Exhibit"A2"
attached hereto and by this reference incorporated herein.
C. LESSOR and LESSEE hereby agree that the Property (including a
right of access thereto) may be surveyed by a licensed surveyor at the sole cost of
LESSEE, and such survey shall then replace Exhibit"A2"and become a part hereof
and shall control to describe the Property in the event of any discrepancy between such
survey and the description contained in Paragraph 1.13. above.
2. USE, LICENSE AND EASEMENT
A. In consideration of the lease payments by LESSEE to LESSOR as
agreed to herein, LESSOR hereby leases the Property to LESSEE and grants to
LESSEE a non-exclusive license (irrevocable during the term of this Lease, provided
PS Ground lease-final:rtf
October 25, 1999
1
0� PALM SA
City of Palm Springs
" � •, ,
Office of the•City Clerk
•ov"no
32W 79hquim Canyon Way•Palm Spcmgs,Cddomia 92262
C" I FO t TEL:(760)323-8204•TDD:(760)864-9527
March 28,2000
COX PCS ASSETS,LLC
Atten: Property Manager-Riverside County
4683 Chabot Drive, Suite 100
Pleasanton,CA 94588
Dear Sir:
Attached is one executed copy of the agreement regarding Ground Lease Agreement between COS
PCS ASSETS LLC., and the City of Palm Springs, approved by the City Council on October 20,
1999.,by Minute Order No. 6512,Agreement#4161. "
Certificates of Insurance should be provided, naming the City of Palm Springs as an additional
insured, for General Liability for $1,000,000 CST•.,; Personal Property at W16 replacement value;
and Worker Compensation in California Statutory requirements. Further, the cancellation clause
shall state as follows: Should any of the above-described policies be canceled before the expiration
date thereof,the issuing company will mail 30 days written notice to the certificate holder named to
the left.
Should you have any questions,please let me know.
Sincerely, n
PATRICIA A. SANDERS,CMC
City Clerk
cc: Information Technology w/agreement
Finance w/agreement
Post Office Box 2743 0 Palm Springs, California 92263-2743
MINUTE ORDER NO.
APPROVING AGROUND LEASE AGREEMENT
WITH COX PCS ASSETS, L.L.C., A
DELAWARE LIMITED LIABILITY COMPANY,
WHOLLY OWNED BY COX
COMMUNICATIONS PCS, L.P., A DELAWARE
LIMITED PARTNERSHIP, ALLOWING COX
PCS ASSETS TO INSTALL COMMUNICATION
EQUIPMENT AT THE OLD POLICE RADIO
BUI DINGFORANINITIALANNUALRENTAL
OF $9,000, EFFECTIVE JANUARY 1, 2000
I HEREBY CERTIFY that this Minute Order, approving a Ground Lease
Agreement with Cox PCS Assets, L.L.C., a Delaware limited liability company,
wholly owned by Cox Communications PCS, L.P., a Delaware limited
partnership, allowing Cox PCS Assets to install communication equipment at the
Old Police Radio Building for an initial annual rental of$9,000, effective January
1, 2000, was adopted by the City Council of the City of Palm Springs, California,
in a meeting thereof held on the 20'day of October, 1999.
PATRICIA A. SANDERS
City Clerk
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