REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
August 4, 2026
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
DON LE, Interim Chief Information Officer, Innovation and Technology Department
SUBJECT
Title
Amendment to License Agreement with APC Towers IV, LLC, for a Cellular Communications Site in San Bernardino
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RECOMMENDATION(S)
Recommendation
1. Find that approval of Amendment No. 1 to License Agreement No. 24-985 with APC Towers IV, LLC, for the non-exclusive use of rack and antenna space, is an exempt project under the California Environmental Quality Act Guidelines, Section 15301 - Existing Facilities (Class 1).
2. Approve Amendment No. 1 to License Agreement No. 24-985 with APC Towers IV, LLC, for the non-exclusive use of rack and antenna space at 780 E. Gilbert Street Communication Site in San Bernardino (Assessor’s Parcel Number 0147-081-07-0000), with no change to the total revenue amount of $230,346, or the existing term of January 1, 2025 through December 31, 2029, to:
a. Approve the assignment of the License Agreement from APC Towers, LLC to APC Towers IV, LLC.
b. Update Exhibit “A” Premises Description.
c. Add Exhibit “E” Legal Description and Exhibit “F” Generator Plans.
d. Update standard License Agreement language.
3. Direct the Real Estate Services Department to file the Notice of Exemption in accordance with the California Environmental Quality Act.
(Presenter: Terry W. Thompson, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote and Fulfill the Countywide Vision.
Improve County Government Operations.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The total revenue of Amendment No. 1 to License Agreement No. 24-985 with APC Towers IV, LLC, (Amendment), to five-year Revenue License Agreement No. 24-985 (License), will not have an impact on total contracted revenue of $230,346. This Amendment is administrative in nature and does not modify the financial terms of the License. Revenue will continue to be deposited into the Real Estate Services Department (RESD) Rents budget (7812001000).
BACKGROUND INFORMATION
On October 22, 2024 (Item No. 46), the Board of Supervisors (Board) approved the five-year License with APC Towers, LLC (APC) for the non-exclusive use of County land for a Telecommunications Facility at 780 E. Gilbert Street in San Bernardino (Assessor’s Parcel Number 0147-081-07-0000) (Premises). The original term of the License was for the period of January 1, 2025 through December 31, 2029. The License also includes four five-year options to renew.
APC contacted RESD in January 2026 regarding amending the License to update the entity information, legal description, and incorporate detailed generator installation plans. RESD coordinated APC's requested changes with the Innovation and Technology Department (ITD) and confirmed that the proposed revisions would not affect the contract terms previously approved by the Board on October 22, 2024 (Item No. 46). The recommended Amendment facilitates the assignment of the License from APC to APC Towers IV, LLC, due to an internal portfolio restructuring.
The License approved by the Board on October 22, 2024 (Item No. 46), included the construction and installation of a communications facility and generator. The Amendment includes a more detailed generator installation plan and no additional plans beyond the scope of the previously approved License. Additionally, the Amendment includes an updated legal description to provide a more precise location for the Telecommunications Facility on the Premises, which has been reviewed by the San Bernardino County Surveyor. The term, total rental fees, and License clauses remain the same and will not be affected by this Amendment.
The Amendment approves the installation of a generator to supplement and enhance power reliability at the Premises, which involves adding backup power equipment to better support ongoing operations at the Premises. The installation of the generator with APC was reviewed pursuant to the California Environmental Quality Act (CEQA) and determined to be categorically exempt under Section 15301 - Class 1 Existing Facilities because the Amendment pertains to existing facilities and qualifies as an exempt activity under CEQA. There is no possibility that approval of the proposed Amendment will have a significant effect on the environment; therefore, the activity is exempt from CEQA.
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Summary of License Terms |
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Licensee: |
APC Towers IV, LLC |
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Location: |
780 E. Gilbert Street in San Bernardino (Assessor’s Parcel Number 0147-081-07-0000) |
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Size: |
816 square feet |
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Term: |
Five years; January 1, 2025 - December 31, 2029 |
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Options: |
Four remaining five-year options |
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Rent: |
Annual: $42,955* |
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*Mid-range for comparable facilities in the San Bernardino area per the competitive set analysis on file with RESD |
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Annual Increases: |
Approximately 3.5% |
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Improvement Costs: |
Provided by Licensee |
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Custodial: |
None |
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Maintenance: |
Provided by Licensee |
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Utilities: |
Provided by Licensee |
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Insurance: |
The Certificate of Liability Insurance, as required by the License, is on file with RESD |
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Holdover: |
Upon the end of the term, if permitted by the County, the Licensee shall continue on a month-to-month term upon the same terms and conditions which existed at the time of expiration except that the License fee shall be increased to 150% of the rent due at the time of expiration |
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Right to Terminate: |
Licensee or County may terminate this License at any time and for any reason by providing at least one year’s prior written notice to the other Party; County has the right to terminate upon Licensee’s default |
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Parking: |
None |
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (John Tubbs II, Deputy County Counsel, 387-5455) on June 29, 2026; Innovation and Technology Department (Don Le, Interim Chief Information Officer, 387-7906) on July 7, 2026; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on July 7, 2026; and County Finance and Administration (Guy Martinez, 387-5428, Principal Administrative Analyst, and Eduardo Mora, 387-4376, Administrative Analyst) on July 16, 2026.
(CM: 840-266-0977)