HomeMy WebLinkAboutEasement to Cal State San Bernardino (CSUSB) Provide High Speed Internet Access Service to UniversityPALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: AUTHORIZE STAFF TO IDENTIFY AND PROVIDE AN EASEMENT TO
CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO TO PROVIDE
FOR HIGH-SPEED INTERNET ACCESS SERVICE TO UNIVERSITY
SUBMITTED BY: DAVE YRIGOYEN, DIRECTOR OF REDEVELOPMENT/HOUSING
DATE: MARCH 10, 2005
CONTENTS: DRAFT EASEMENT DOCUMENT
CERTIFICATE OF INSURANCE
LETTER FROM DAVE MAURO, CSUSB
Recommendation:
By Minute Motion, that the Agency Board authorize staff to provide an easement
to California State University, San Bernardino to provide for high-speed internet
access service to the University, and authorize the Executive Director to execute
all necessary documents.
Discussion:
California State University, San Bernardino is constructing the Palm Desert Campus on 55
acres that the Agency has transferred to them. The balance of the property continues to be
owned by the Redevelopment Agency and is to be transferred to the University at a future date.
The University has requested that we provide them with an easement to construct a high-speed
internet line over Agency's property. The line is expected to come on site from Gerald Ford to
Berger Drive. The documents have been received and we are prepared to execute the
documents in favor of the University. The contractor has provided us with a Certificate naming
the City and Agency as additional insureds for any liability issues that may occur.
Submitted by:
Dave Yrigoyen
Director of Redevelopment/Housing
mh
Approval:
Justin McCarthy
ACM Redevelopment
Carlos L. Ortega, Executive Director
W \Agenda Items\2005-Mar 10\CSUSB Easement doc
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
California State University
San Bernardino
5500 University Parkway
San Bernardino, CA 92407-2397
DOCUMENT TRANSFER TAX NONE
DRAFT
EASEMENT A.P.N.
for Recorder's use only
The City of Palm Desert, ("Grantor") for the sum of One Dollar ($1.00), the receipt whereof is hereby
acknowledged, hereby grants to California State University, San Bernardino ("Grantee) its successors and
assigns, a perpetual Easement, and right to construct, place, operate, repair, inspect, maintain, replace, and
remove such underground Telecommunication equipment as Grantee may require from time to time,
consisting of one or more lines of cables, wires, conduits, pedestals, and necessary fixtures and
appurtenances, in, under, and upon the hereinafter described Easement, together with the right to ingress
thereto and egress there from and across that certain real property, in the County of Riverside, State of
California, described as follows:
County of Riverside Assessor, Parcel Number 653420022, being a portion of the Southwest One -quarter of
Section 34, Township 4 South, Range 6 East, San Bernardino Meridian, situated in the City of Palm Desert,
County of Riverside, State of California, said Section being shown on an official plat on file in the District
Land Office of the Bureau of Land Management
General utility easement 10 feet in width from the limits of the public right of way along the centerline of an
unnamed street connecting Berger Drive to Gerald Ford at a point 1505 feet from the centerline of Cook
Street, and along the centerline of Berger Drive from the centerline of said unnamed street to a point where
Berger Drive enters CSU San Bernardino property, County of Riverside Parcel Number 653400041. for
installation of two, or more, 4" PVC conduits (with 3, 1'/4" HDPE innerducts) and associated termination
pedestals and/or manholes for the installation and ongoing operation of underground optical fiber cable.
Alignment:
Thence South 340 45'56" West, 86.60 feet to the beginning of a curve, concave southeasterly, having a radius
of 39.90 feet; thence along said curve, an arc length of 23.98 feet, through a central angle of 34025'58";
thence South 000 08'11" West 365.13 feet to the beginning of a non -tangent curve, concave southeasterly,
having a radius of 923.46 feet, a radial line through said point bears North 00°33'09" East , thence along said
curve, an arc length of 1244.07 feet, through a central angle of 7r1 V12".
Placement depth and location of the Telecommunications equipment is to be mutually agreeable to Grantor
and Grantee and in full compliance with local and NEC building codes. Easement shall include right to
access pedestals, manholes and cable as required for maintenance, upgrade, and repair.
The term of the easement shall be 20 years, with the option to renew the agreement for four additional five-
year terms based on the mutual agreement by the parties.
Grantee will supply the materials and labor to construct the fiber optic route described above, including the
cable, manhole/distribution vaults, conduit, and innerduct.
Page 1 of 4
During the term of the agreement, Grantee agrees to notify Grantor if any of the fiber optic cable installed in
any innerduct, within any conduit segment, is removed or abandoned by the Grantee. In that event, for one
year following such removal or abandonment, Grantee shall have option of assigning its rights to that conduit
or innerduct to CSUBS-PDC or the Grantor. If such assignment by Grantee has not occurred after one year,
Grantor may assume the conduit and innerducts have been permanently abandoned by the Grantee, and
Grantor may either remove the conduit and innerduct, or convert it to its own use.
Grantee will provide design drawings and construction specifications for approval by City of Palm Desert prior
to start of construction and shall provide construction as-builts within 90 days following completion of
construction.
When accessing the conduit system for service or maintenance, Grantee will provide Grantor with 2 days
advance notice for City of Palm Desert to file notice of non -responsibility.
Grantee concurs that all cable and conduit installation will be underground plant and no construction or
installation will be via overhead plant.
Grantee concurs that all construction and installation by its contractors and sub -contractors will be coordinated
with Grantor's General Contractor to ensure a mutually satisfactory construction and installation effort.
Grantee shall be liable to Grantor for any damages, which may occur to the above described property, by
reason of negligence on the part of the employee of the Grantee, while placing, maintaining, or removing its
services.
This agreement shall be binding upon and inure to the benefits of the heirs, successors in interest and assigns
of both parties.
IN WITNESS WHEREOF this instrument is executed this day of , 2005.
BY:
David DeMauro
Vice President for Administration and Finance
California State University
San Bernardino
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
BY:
r, jTT:i
TITLE:
Page 2 of 4
Project Name: CSU San Bernardino. Palm Desert Campus
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On , before me,
Name, Title Officer, e.g. Jane Doe, Notary
personally appeared
Name(s) of Signer(s)
personally known to me -OR-
_ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare
subscribed to the within instrument, and acknowledged to me that he/shefthey 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 upon behalf of which the person(s) acted, executed the instrument.
(seal)
Witness my hand and official seal
Signature of Notary Public
Page 3 of 4
CAPACITY OF CLAIMED BY SIGNER
_INDIVIDUAL
_CORPORATE
—OFFICER(S)
_PARTNER(S)
_LIMITED
_GENERAL
SIGNER IS REPRESENTING
Name of Person(s) or Entity(ies)
_ATTORNEY IN FACT
_TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
Page 4 of 4
AcQ14Q„, CERTIFICATE OF LIABILITY INSURANCE I DATERAINo
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PROMIUI BARNARD & ASSOCIATES INSURANCE SERVICE
9131 FLETCHER PARKWAY
SUITE 124
LA MESA CA 91942
(619) 461-1885
INSURED .. ...., ., ........
SKIP DYE CORPORATION
DBA: DATALOG
7710 BALBOA AVE., #223C
SAN DIEGO CA 92111
COVERAGES
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INsuNserer� PEERLESS INS. CO_ . (GOLDEN EAGLE)
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ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMPco;S.
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DESCRIPTION OF OPERATIONSILOCATOW&WHICLESIGXCLUVONS ADDED BY ENDORBEMaimmEGAL PROM=IONS
CERTIFICATE HOLDER IS ADDED AS ADDITIONAL INSURED (PER POLICY TERMS AND CONDITIONS)
*10 DAYS NOTICE O F CANCELLATION FOR NON -PAY
CERTIFICATE HOLDER i i ADOMMAL INWRED:INSURIM LCMR: CANCELLATION
CITY OF PALM DESERT $ CITY OF
PALM DESERT REDEVELOPMENT AGENCY
73-610 FRED WARING ROAD
PALM DESERT CA 92260
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NOYCE TO THE GF.RTIRCATE "OLDER NAMED TO THE LEFT, BUT FAILURE TO 00 EO SHALL
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GALIledR IPA STATE UNIVERSITY
SAN BERNARDINO
6600 university Parkway, San Bernardino, CA 92407.2397
February 24, 2005
David Yngoyeu
Director of Redevelopment
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Dear David:
ADMINISTRATION AND FINANCE
office of the Vice President
(909) Sso-5130
FAXED Z 24-05
For the past several mouths, California State University, San Bernardino, has been participating
in conversations with the Corporation for Education Network Initiatives in California ("CENIC')
to negotiate an agreement to provide high speed inte rnet access service to several entities in the
Palm Desert area. We anticipate finalizing an agreement with CENIC within the next day or so.
A critical step in the process will require assistance from the City of Palm Desert.
I seek your assistance to grant an easement to CEMC giving tbcna access to City of Palm Desert
public land adjacent to our Palm Desert Campus. The casement is needed to install a fiberoptic
cable system. The University supports CENIC's request for this easement. Preliminary work is
well underway. And work will begin as soon as the easement is granted.
CENIC is a nonprofit corporation which has a long -teem contract with the California State
University, the University of California, and the California Community College system to
provide second generation, high speed high quality interaet service to all of these entities. The
benefits to our Palm Desert Campus at uumerous. Internet service provided by GENIC will
offer capabilities far beyond what is available from commercial i'nternet providers. The
University anticipates using the service for such functions as conducting our distance lemming
programs, administrative programs, and day-to-day communications.
The fiberoptic cable will be serving a hub site that will be located on the Palm Desert Campus.
In addition to serving CSUSB's Palm Desert Campus, the hub will serve UCR's building located
on our campus, as well as the Berger Foundation, Eisenhower Medical Center, and the College of
the Desert. The cable is planned to be installed in the future center of Berger Drive, consistent
with the master planning for the buildout of the entire campus.
The California Bette unawsus
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David Yrigoyen
1: ebmary 24, 2005
Page 2
We would greatly appreciate anything you can do to expedite granting this easement. All plans,
equipment, and crews are staged to begin construction as soon as the essemad is granted.
To obtain information regarding the specifics of the easement request, please contact:
Greg Scott
Director of Infrastructure Initiatives
CENIC,
Telephone: 714-220-3450
Fax: 714-926-2494
E-mail: OCA9&&nic.ora
Thank you for your assistance with this special request.
Sinc y,
Da 1d PDO;M4
Vice President for
Administration and Finance
c: Hamid Azhand, Director, Capital Plarming, Design and Construction, CSUSB
Fred Jandt, Interim Dean, Pahn Desert Campus, CSUSB
Greg Scott, Director, Infrastructure Initiatives, CRMC
Tony Simpson, Director of Facilities Services, CSUSB