2016/10/19 Heritage Lake RV and Boat Storage Services, LLC Landscape improvements CUP2014-242 AGREEMENT
FOR LANDSCAPE IMPROVEMENTS
This AGREEMENT FOR LANDSCAPE IMPROVEMENTS ("Agreement") is made and
entered into as of the ►ji�\ day of ("t�yb� , 2016, by and between the CITY OF
MENIFEE, a California municipal corporation, ("City"), HERITAGE LAKE RV AND BOAT
STORAGE SERVICES, LLC, (collectively, "Landowner"), and LOS ANGELES SMSA
LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS, ("Developer").
WITNESSETH
1. Landowner and Developer, for and in consideration of the issuance of Building
Permits (Permit No. PMT 16-01381) to allow the initiation of construction on that certain
development plan known as"Conditional Use Permit No.2014-242—Foghorn Wireless Monopine
Communication Tower—Assessor's Parcel Numbers 333-162-001, 002, 011" (the "Property"),
agree, at Landowner and Developer's own cost and expense, to furnish all labor, equipment, and
material necessary to perform, complete, and maintain onsite landscaping for a period of
twelve(12) months after Building Permit final or as otherwise required by City's Community
Development Director in a good and workmanlike manner, all those landscape and irrigation
improvements in accordance with those landscape and irrigation plans for the development of said
entitlement which have been approved by City's Community Development Director, and are on
file in the Office of the City of Menifee Community Development Department, and to do all work
incidental thereto in accordance with the standards set forth in Menifee Municipal Code
Chapter 9.86 and Menifee Municipal Code Chapter 15.04,which are expressly made a part of this
Agreement (the "Work"). All of the Work shall be done under the inspection of and to the
satisfaction of City's Community Development Director and shall not be deemed complete until
approval of the final planting inspection is made by City's Community Development Director.
Approval of City's Community Development Director of the Work and of the final planting shall
be in writing. The estimated cost of the Work is FIVE THOUSAND FOUR HUNDRED SEVEN
DOLLARS AND EIGHTY EIGHT CENTS.
2. Landowner and Developer agree to pay to City the actual cost of such inspections
of the Work as may be required by City's Community Development Director. Landowner and
City further agree that if suit is brought upon this Agreement or any security guaranteeing the
completion of the Work, all reasonable costs, expenses, and fees incurred by City in successfully
enforcing such obligations shall be paid by Landowner including reasonable attorneys' fees, and
that upon entry of judgment, such costs, expenses, and fees shall be taxed as costs and included in
any judgment rendered.
3. To the fullest extent permitted by law (including, without limitation, California
Civil Code Sections 2782 and 2782.6),Landowner and Developer shall defend(with legal counsel
reasonably acceptable to City), indemnify, and hold free and harmless City and City's agents,
officers, and employees, (each, an "Indemnitee") from and against any and all claims, loss, cost,
damage, injury (including, without limitation, injury to or death of Landowner or Developer or
any officers, agents, employees, representatives, or subcontractors of Landowner or Developer
I
[collectively, the "Landowner and Developer Entities"]), expense, and liability of every kind,
nature,and description(including,without limitation,incidental and consequential damages,court
costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses
incurred in connection therewith and costs of investigation)that arise out of, pertain to, or relate
to, directly or indirectly, in whole or in part,the negligence,recklessness, or willful misconduct of
Landowner or Developer, any of the Landowner and Developer Entities, anyone directly or
indirectly employed by any of them, or anyone that they control (collectively, the "Liabilities"),
with regard to the Work described in this Agreement. Such obligation to defend, hold harmless,
and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused in part
by the sole negligence or willful misconduct of such Indemnitee.
4. Landowner hereby grants to City, and to any agent or employee of City, the
irrevocable permission to enter upon the Property for the purpose of inspecting the Work or
determining compliance with this Agreement. This permission shall terminate in the event that
Landowner and Developer have completed the Work within the time specified or any extension
thereof granted by City's Community Development Director.
5. Landowner and Developer agree at all times, up to the completion and written
approval of the Work by City's Community Development Director, to give good and adequate
warning to the traveling public of each and every dangerous condition caused by the Work,and to
protect the traveling public from such defective or dangerous conditions.
6. Landowner and Developer, or their agents and employees, shall give notice to
City's Community Development Director at least forty-eight(48)hours before beginning the Work
and shall furnish City's Community Development Director all reasonable facilities for obtaining
full information respecting the progress and manner of the Work.
7. Landowner and Developer shall comply with all applicable local, state, and federal
laws and regulations applicable to the performance of the Work. Landowner and Developer shall
not hire or employ any person to perform work within City or allow any person to perform the
Work required under this Agreement unless such person is properly documented and legally
entitled to be employed within the United States. Any and all work subject to prevailing wages,
as determined by the Director of Industrial Relations of the State of California, will be the
minimum paid to all laborers, including Landowner and Developer employees, contractors, and
subcontractors. It is understood that it is the responsibility of Landowner and Developer to
determine the correct scale. The State Prevailing Wage Rates may be obtained from the California
Department of Industrial Relations ("DIR")pursuant to California Public Utilities Code, Sections
465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with
such requirement shall be maintained in a safe and secure location at all times,and readily available
at City's request. Landowner and Developer shall obtain and maintain a City of Menifee business
license. Landowner and Developer shall require the same of all contractors and subcontractors.
8. If Landowner or Developer,or their agents or employees,neglects, refuses, or fails
to prosecute the Work with such diligence as to insure its completion within the specified time,or
within such extensions of time as have been granted by City's Community Development Director,
or if Landowner or Developer violates, neglects, refuses, or fails to perform satisfactorily any of
the provisions of the plans and specifications,Landowner and Developer shall be in default of this
Agreement and notice in writing of such default may be served upon Landowner and Developer.
City's Community Development Director shall have the power to terminate all rights (granted by
Conditional Use Permit No. 2014-242 or Building Permit No. 16-01381) of Landowner and
Developer due to such default. The determination of City's Community Development Director of
the question as to whether any of the terms of this Agreement or the plans and specifications have
been violated or have not been performed satisfactorily shall be conclusive upon Landowner and
Developer, and any and all parties who may have any interest in this Agreement or any portion
thereof. No delay or omission in the exercise of any right or remedy by City shall impair such
right or remedy or be construed as a waiver. City's consent or waiver of one act or omission by
Landowner or Developer shall not be deemed to constitute a consent or waiver of City's rights
with respect to any subsequent act or omission by Landowner or Developer. Any waiver of any
default shall be in writing. The foregoing provisions of this Section shall be in addition to all rights
and remedies available to City under law.
9. Prior to the date this Agreement is executed, Landowner and Developer agree to
file with City good and sufficient security as provided in subsections(1),(2),and(3)of subdivision
(a) of Section 66499 of the Government Code in any amount not less than the estimated cost of
the Work for the faithful performance of the terms and conditions of this Agreement, except that
when the estimated cost of said work is $2,500 or less,the security shall be a deposit of cash or its
equivalent as determined acceptable by City's Building Director. Landowner and Developer
further agree that if the security is a bond and if the sureties on the faithful performance bond or
the amount of said bonds in the opinion of City's Community Development Director becomes
insufficient, Landowner and Developer agree to renew each and every bond or bonds with good
and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days after
being notified by City's Community Development Director that the sureties or amounts are
insufficient. Notwithstanding any other provision herein, if Landowner and Developer fail to take
such action as is necessary to comply with said notice, Landowner and Developer shall be in
default of this Agreement unless all required work is completed within ninety(90)days of the date
on which City's Community Development Director notifies Landowner and Developer of the
insufficiency of the sureties or the amount of the bonds or both.
10. It is further agreed by and between the parties hereto, including the surety or
sureties on the bonds or the issuers of any instruments or letters of credit securing this Agreement,
that,in the event it is deemed necessary to extend the time of completion of the Work contemplated
to be done under this Agreement, extensions of time may be granted from time to time by City's
Community Development Director either at his/her option or upon request of Landowner or
Developer, and such extensions shall in no way affect the validity of this Agreement or release the
surety or sureties on said bonds. Landowner and Developer further agree to maintain the aforesaid
bond or bonds or the issuance of any instruments or letters of credit in full force and effect during
the term of this Agreement, including any extensions of time as may be granted thereon.
11. Upon the satisfactory completion and written approval of the Work by City's
Community Development Director,the entire amount of the security shall be released or returned
by City to Landowner or Developer.
12. This Agreement shall be binding upon Landowner and Developer and their heirs,
executors, administrators, successors, or assigns, all and each both jointly and severally.
13. With the exception of the specific provisions set forth in this Agreement, there are
no intended third-party beneficiaries under this Agreement and no such other third parties shall
have any rights or obligations hereunder.
14. It is understood and agreed by the parties hereto that if any part,term, or provision
of this Agreement is held to be unlawful and void, the validity of the remaining portions shall not
be affected and the rights and obligations of the parties shall be construed and enforced as if this
Agreement did not contain the particular part,term, or provision held to be invalid. No waiver of
any term or condition of this Agreement shall be a continuing waiver thereof.
15. This Agreement may be executed in multiple counterparts, each of which shall be
an original and all of which together shall constitute one agreement.
16. Landowner and Developer shall not discriminate in any way, against any person on
the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap,
medical condition or marital status in connection with or related to the performance of this
Agreement.
17. The laws of the State of California shall govern this agreement. In the event of
litigation between the parties, venue in state trial courts shall lie exclusively in the County of
Riverside, California. In the event of litigation in a U.S.District Court,venue shall lie exclusively
in the Central District of California, in Los Angeles.
18. The person(s)executing this Agreement on behalf of the parties hereto warrant that
(a) such party is duly organized and existing, (b) they are duly authorized to execute and deliver
this Agreement on behalf of said party, and (c)by so executing this Agreement, such parry is
formally bound to the provisions of this Agreement.
19. Any notice or notices required or permitted to be given pursuant to this Agreement
shall be served on the other party by mail,postage prepaid, at the following addresses:
To City: City of Menifee
Community Development Department
29714 Haun Road
Menifee, CA 92584
To Landowner: Heritage Lake RV and Boat Storage
Services, LLC
1106 2nd Street, #244
Encinitas, CA 92024
To Developer: Los Angeles SMSA, d/b/a Verizon Wireless
Core Communications Group
15505 Sand Canyon Ave
Irvine, CA 92618
[signatures on following page]
IN WITNESS WHEREOF, Landowner,Developer, and City have executed this Agreement as of
the date and year first above written.
("Landowne ')—
Dated: C( U �—��l B r
Y
(Signature fo MGYA MICHEL E TIT S)
(Print Name)
(Title)
Dated: By
(Signature for WILLIAM STEVEN LEI H)
(Print Name)
Do
(Title)
Y���,✓ W�i�Ft�ss
("Developer")
Dated: L� �1`' By
(Signature for President or other Category 1 Officer)
(Print Name)
D141 CC -e)(?,
(Title)
Dated: By
(Signature for Secretary or other Category 2 Officer)
(Print Name)
(Title)
CITY OF MENIFEE
("City")
Dated: � ����C By
ilowman
Interim Community Development Director
Approved as to Form:
l
effrey T. Melc 'n
City Attorney
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF L: ;S Q )SFo
On OCTo1;71,E P- i , Zai before me, C,*(TLi N 3 USTi,'rE STa 0-ervBE--C-Notary Public,
(here insert name and title of the officer)
personally appeared W i t-L_in M S-rF v t=N L i=i c�H ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument, 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 instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
[SEAL]
;• U -
QUT1JN JUSTINE STOLTENBERG
Commission 0 2002177
' Notary Public-Caiitomia v
San Luis Obispo County
�;; My Comm.Expires Dec.27,2o1e
Bond No. 019055246
TELECOMMUNICATIONS LAND IMPROVEMENT
PERMIT BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Los Angeles SMSA Limited Partnership d/b/a Verizon, as Principal and LibertV Mutual Insurance
Company, a corporation organized and doing business under and by virtue of the laws of the State of
Massachusetts and duly licensed to conduct a general surety business in the State of Pennsylvania, as
Surety, are held and firmly bound unto the City of Menifee, 29714 Haun Road, Menifee, CA 92586, as
Obligee, in the sum of Seven Thousand Five Hundred and 00/100 Dollars (7,500.00)for which payment,
well and truly to be made, we bind ourselves, our heirs, executors and successors,jointly and severally
firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS,the above named Principal has applied or is about to apply for a Conditional Use Permit with
the above named Obligee for a Wireless Monopine Communication Tower Project; Cell tower Name:
Foghorn; located at 27803 Menifee Road, Menifee, CA 92585; Location Code: 277410
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall complete all
required improvements contained in the final Landscaping Plan, approved by the Community
Development Department of Menifee CA, including the installation of plantings, irrigation system,wall
and/or fences,then this bond will be void
The term of this bond is three years.
IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal
and name of the said Suety is hereto affixed and attested by its duly authorized Attorney-in-Fact on the
14th day of September 2016.
Los Angeles SMSA Limited Partnership Liberty Mutual Insurance Company
d/b/a Verizonl� �
8
By: By:
ti
Steven Lamb, Director, Network Christine Hession, Attorney-in-Fact
THI$ POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 7046290
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and WestAme(can Insurance Company
is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute
and appoint, Carolyn D.James;Christine Hession;David A.Wysong•Elvia E. Foil;Jeffrey Tyler;Karen S. Doerrer•Kim Sullivan;Lori Baybutt Myrna
Smith
all of the city of Washington state of DC each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge
and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 7th day of July 2015
�p1D C,J �jV INS?, wsur htNsu..7 American Fire and Casualty Company
4```;:='r0 �f�H�` PCo''P�`+'t�92� JtiJPco"''�•��c�„ ��:�`�°P�'�+ '•'�� The Ohio Casualty Insurance Company N
a 1906 0 0 1919 n 1912 ° z 1991 ° Liberty Mutual Insurance Company a)
s ° x a a West merican Insurance Company E
V1 `t'''yy"• ;: ."�r� .9,y K'+;.,.rnrs��-a` ij'"sriiru>< �2 yi c,ins, O
a) + 1 * * * > By: av
STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary
+-%L COUNTY OF MONTGOMERY
p� On this 7th day of July 2015 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v F-
a) Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, >,W
Q execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
�
> IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O O.
pq ( COMMONWEALTH OF PENNSYLVANIA / �G%� O
PpNw qT F( Notarial Seal U� 4 4
Teresa Pastella,Notary Public By: O
C0) of Plymouth Twp.,Montgomery County Teresa Pastella,Notary Public d
My Commission Expires March 28,2017 3 O
L L
d O 2v1:14 Member,Pennsylvania Association of Notaries Q
Cw RyP d O
C This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance to e
y Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: r
�N 4—
tv d ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O =
CW to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, y
O,= acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective
E y powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so as
O tp executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or altomey-in-fact under > O
the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority.
�+= ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president 00
, ,
> 0) and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, !M
p seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their c
respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so O o
executed such instruments shall be as binding as if signed by the president and attested by the secretary. C o
Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- F-
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said
Companies,is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies thi/� y of 201.
�N0CASG �ZVINSb �tNSUrr NWSU,q
gir� �.°v.PnrtarI'•�c'
ve r'
< 1906 o 1919 n >` v 1912 V ° >1991 By:
b Gregory W.Davenport,Assistant Secretary
�yb•"'ya*,,s`��,�� oy�'f'H � W ! h� y •.:cia•r:. 2
*
4 of 100
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IMPORTANT BOND INFORMATION
BOND MUST BE EXECUTED WITH BLUE INK BY AUTHORIZED PERSON
BOND MUST BE SEALED(IF THERE IS A CORPORATE SEAL)
BOND MUST BE WITNESSED
BOND MUST BE NOTARIZED
THE ORIGINAL SIGNATURE BOND IS SUBMITTED TO OBLIGEE,YOU KEEP A COPY
OTHER:
THANK YOU FOR YOUR BOND BUSINESS
Christine Hession 202-772-4231 christine.hession@wellsfargo.com
El Elvia Foil 202-772-4233 elvia.foil@wellsfargo.com
Menuel Jones 202-416-2553 menuef.jones@wellsfargo.com
When phis bonrJ is no lon�quired�ro'ect has been com leted�„please contact_WeUs Far o Insurance
Services to close bond