To: Board of Supervisors
Department or Agency Name(s): Sonoma County Public Infrastructure
Staff Name and Phone Number: Johannes J. Hoevertsz, 707-565-2550
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Amendment to Telecom Sublease - 2885 Bay Hill Road, Bodega Bay
End
Recommended Action:
Recommended action
Authorize the Clerk of the Board to publish notice declaring the intent of the Board of Supervisors to execute a Sublease Amendment with Incline Partners LLC, a Nevada limited liability company, as Sublessor, for approximately 220 square feet of additional ground space at the telecommunications site located at 2885 Bay Hill Road, Bodega Bay, CA 94923 (Assessor's Parcel Number 100-190-009-000 and 103-070-003) increasing the rent for the premises by Five Hundred and 00/100 Dollars ($500.00) per month to Nine Thousand Six Hundred Seventy-Three Dollars and 58/100 ($9,673.58) per month, commencing October 1, 2025.
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Executive Summary:
The Director of Sonoma County Public Infrastructure (SPI), in consultation with the Sonoma County Sheriff’s Office, is requesting your Board issue a notice of intent to execute an amendment to an existing sublease with Incline Partners LLC, a Nevada limited liability company for operations at a telecommunications site located at 2885 Bay Hill Road, Bodega Bay, CA 94923 (Assessor's Parcel Number 100-190-009-000 and 103-070-003).
If approved, the amendment would increase the amount of county leased space at the location by Incline Partners LLC by 220 square feet of ground space and increase monthly rent by Five Hundred and 00/100 Dollars ($500.00) to a total of Nine Thousand Six Hundred Seventy-Three Dollars and 58/100 ($9,673.58) per month commencing October 1, 2025.
The proposed amendment for an additional 220 square feet of ground space will enable operation of a county-owned generator, storage of three propane tanks used as fuel for the generator, and allow the installation of security camera(s). Both the Director of SPI and Sheriff staff are recommending approval of this amendment as it will enable the Sonoma County Sheriff’s Office to maintain its ability to effectively run its operations and serve the public at its the Bay Hill location.
Discussion:
The County is a Sublessee under a Sublease for telecommunications purposes with Incline Partners LLC, as the Sublessor. The site is owned by a third party. County’s Sublease is subject to a prime lease between Incline Partners and said third party. The County previously executed a sublease with the Sublessor with an effective date and a commencement date of September 29, 2015, for an initial term of ten (10) years, with three (3), five (5) year options to extend. The site is primarily utilized by the Sheriff’s Office for emergency and public safety communications and related purposes. The County desires to increase size of the premises by approximately 220 square feet for operation of an existing generator and storage of three (3) propane tanks for an additional $500 per month. This amendment shall also allow the County to install security cameras at the site. Due to the long length of the lease term and total value of additional expenditures under the lease, this amendment is required to be approved by the Board of Supervisors. There is no proposed change to the lease term, which term shall expire September 29, 2040, if all extensions are exercised. The Rent for the premises including the additional 220 square feet of ground lease space containing the generator and associated propane tanks, will increase by five hundred and 00/100 Dollars ($500.00) per month to nine thousand six Hundred Seventy-Three Dollars and 58/100 ($9,673.58) per month, commencing October 1, 2025, with 4% annual rent increase on August 1 of each remaining year of the term. The County has the right to terminate the lease at any time for any reason or no reason with 180 days’ notice.
Lease Amendment. The proposed Third Amendment to Sublease between Incline Partners LLC, a Nevada limited liability company, as Sublessor, and the County of Sonoma, as Sublessee, contains the following key provisions:
1. Increases the ground lease size of the premises by 220 square feet to include an existing generator and three (3) propane tanks owned by the County.
2. Authorizes the County to use an existing underground right of way to connect the generator to County’s telecommunications vault.
3. Increases the rent payable under the sublease by $500 per month for said additional ground lease area, commencing October 1, 2025, for the balance of term.
4. Grants a right to the County to install and operate security camera(s) on the tower for the benefit of the County.
Project Costs. The generator and propane tanks are already installed and owned by the County. The County will acquire and install the security camera(s) at County cost. The Sublessor is not charging rent for installation and operation of the camera(s). The generator and propane tanks are existing and were previously acquired from another public agency which has since vacated the site. The lease payments are charged to the real estate budget.
Procedural Authority. Government Code Section 25350 requires two (2) Board actions, which includes publication of a notice of the intent to enter into the proposed sublease amendment for three successive weeks prior to execution of the lease agreement where it is valued at more than $50,000. If your Board takes the requested action, the County Department of Public Infrastructure (SPI) will cause the Notice of Intent to be published on or after October 7, 2025, for the requisite period. Upon approval of the item, SPI will bring this item back to seek authority to have the Director of SPI execute the proposed sublease amendment on or after October 28, 2025.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
09/22/15 - Authorize General Services Director to execute the Sublease with Incline Partners, LLC
Fiscal Summary
|
Expenditures |
FY25-26 Adopted |
FY26-27 Projected |
FY27-28 Projected |
|
Budgeted Expenses |
$114,583 |
|
|
|
Additional Appropriation Requested |
|
|
|
|
Total Expenditures |
$114,583 |
|
|
|
Funding Sources |
|
|
|
|
General Fund/WA GF |
$114,583 |
|
|
|
State/Federal |
|
|
|
|
Fees/Other |
|
|
|
|
Use of Fund Balance |
|
|
|
|
General Fund Contingencies |
|
|
|
|
Total Sources |
$114,583 |
|
|
Narrative Explanation of Fiscal Impacts:
Appropriations for the proposed amendment are available in the SPI Real Estate Division’s Fiscal Year 2025-26 Adopted Budget (10005-21020300-51421) and will be included in Recommended Budget for future fiscal years.
Narrative Explanation of Staffing Impacts (If Required):
None.
Attachments:
1 - NOI
2 - Proposed Third Amendment to Sublease between Incline Partners LLC and the County
Related Items “On File” with the Clerk of the Board:
Bayhill Sublease and First and Second Amendments to Sublease