2018/03/19 Los Angeles SMSA, LP Indemnification agreement TR: 31856 AGREEMENT TO INDEMNIFY AND HOLD HARMLESS
This Agreement to Indemnify and Hold Harmless ("Agreement") is entered into,effective
as of —1 f , 2018, by and between the CITY OF MENIFEE, a municipal corporation, on
the one hand,("City"), and Los Angeles SMSA Limited Partnership, a California limited
partnership doing business as Verizon Wireless, ("Indemnitor" or "Indemnitors"), on the other.
The City and Indemnitor(s) are herein referred to collectively as the "Parties" and individually as
a"Party."
RECITALS
Whereas,Los Angeles SMSA Limited Partnership doing business as Verizon Wireless has
applied to the City for various discretionary approvals including a conceptual park plan for Open
Space Lot 78, and Streetscape within TR 31856 (the "Project") on a 1.13 acre neighborhood park
(the"Property"); and
Whereas, in connection with the consideration of the above-mentioned discretionary
approvals, Indemnitor(s)has offered to,and hereby agrees that it will, indemnify and hold the City
harmless from any challenges arising from or related to the discretionary approvals, the Property
or the Project as more fully set forth in this Agreement.
AGREEMENT
NOW,THEREFORE,for full and valuable consideration,the receipt and sufficiency of which are
hereby acknowledged,and based upon the foregoing recitals,and the terms,conditions,covenants,
and agreements contained herein,the Parties hereto agree as follows:
1. Incorporation of Recitals. The Recitals set forth above are an integral part of this
Agreement, and are fully incorporated herein.
2. Indemnitors' Indemnification Obligations. Indemnitor(s) shall indemnify, defend, and
hold harmless the City of Menifee and its elected city council, appointed boards,
commissions, committees, officials, employees, volunteers, contractors, consultants
(which may include the County of Riverside and its employees, officers, officials, and
agents), and agents (herein, collectively, the "Indemnitees") from and against any and all
claims, liabilities, losses, fines, penalties, and expenses, including without limitation
litigation expenses and attorney's fees, arising out of either (i) the City's approval of the
Project or actions related to the Property, including without limitation any judicial or
administrative proceeding initiated or maintained by any person or entity challenging the
validity or enforceability of any City permit or approval relating to the Project, any
condition of approval imposed by the City on such permit or approval, and any finding or
determination made and any other action taken by any of the Indemnitees in conjunction
with such permit or approval, including without limitation any action taken pursuant to the
California Environmental Quality Act("CEQA"), or(ii) the acts, omissions, or operations
of the Indemnitor(s) and the directors, officers, members, partners, employees, agents,
contractors, and subcontractors of each person or entity comprising the Indemnitor(s)with
respect to the ownership, planning, design, construction, and maintenance of the Project
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and the Property for which the Project is being approved. The City shall notify the
Indemnitor(s) of any claim, lawsuit, or other judicial or administrative proceeding(herein,
an "Action") within the scope of this indemnity obligation and request that the
Indemnitor(s)defend such Action with legal counsel reasonably satisfactory to the City. If
the Indemnitor(s) fails to so defend the Action, the City shall have the right but not the
obligation to do so with counsel of their own choosing, with no right of approval by
Indemnitor(s) and, if they do, the Indemnitor(s) shall promptly pay the City's full cost
thereof, with payments made at least on a monthly basis. Notwithstanding the foregoing,
the indemnity obligation under clause (i) of the first sentence of this condition shall not
apply to the extent the claim arises out of the willful misconduct or the sole active
negligence of the City. This Agreement shall survive any final action on the Project, and
shall survive and be independent of any Project approvals, even if such Project approvals
are invalidated in whole or part.
3. Entire Agreement; Amendments and Waivers. This Agreement contains the entire
agreement between the City and Indemnitor(s) with respect to the subject matter set forth
herein and supersedes any prior discussions, negotiations, and agreements with respect
thereto. This Agreement may be amended or modified only by a written agreement
executed by both Parties. No waiver of any of the terms of this Agreement shall be
effective or binding unless in writing and executed by an authorized representative of the
Party waiving its rights hereunder.
4. Successors and Assigns. This Agreement shall be binding upon the heirs, executors,
administrators, successors, transferees, and assigns of the Parties.
IN WITNESS WHEREOF,the parties hereto have entered into this Agreement to be
effective as of the date first written above.
"CITY"
Dated: ��(krGlr� I�I, 2018 CITY OF MENIFEE, a California Municipal
Corporation
By:
Its:
ARMANDO G. VILLA
CITY MANAGER
CITY OF MENIFEE
APPROVED AS TO FORM
RU & TUCKER, LLP
Attorneys for the City o nifee
2465/031858-0001
8073430.2 a02/01/18 -2-
"INDEMNITOR"
Los Angeles SMSA Limited Partnership
Dated: 2 , 2018 Doing busines �s/ Wireless
By:
Print Name: S7L=✓�iy G�,c-C
Its Manager/Managing Member
" XITOR"LoPartnership
Date 2018 Direless
2465/031858-0001
8073430.2 a02/01/18 -3-
C'TY vF
=� CITY OF MENIFEE
MENIFEE Community Development Department
Cheryl Kitzerow- Community Development Director
Neil R. Winter
Mayor January 25, 2018
Lesa.Sobek To: Los Angeles SMSA
Mayor-Pro Tem Verizon Wireless
District 3 15505 Sand Canyon Ave.
Greg August
Irvine, CA, 92618
Councilmember RE: Conditional Use Permit No. 2013-228 "Red Fox"
District 1
Matt Liesemeyer DESCRIPTION OF PROJECT:
Councilmember
District 2 Planning Application Conditional Use Permit No. 2013-228 is hereby
approved for the construction and operation of an unmanned telecommunications
John Denver facility consisting of a 60-foot high antenna tower disguised as a Eucalyptus tree,
Councilmember with ground equipment (including 2 equipment cabinets and a backup generator)
District 4 located (at ground level)within the 324 square foot(18'xl8") lease area enclosed
by an 8-foot high wall. Other equipment includes the installation of three (3)
sectors of four (4) antennas per sector(twelve [12] antennas total) at a height of
51'-0" (vertical center of antennas) (above ground level), six (6) remote radio
units (RRUs) per sector (eighteen [18] RRUs total), and two (2) parabolic
antennas camouflaged with simulated tree foliage. Landscaping consist of an
eight-foot wide planters parallel to a portion of the Corson Avenue frontage,
containing two hedgerows and trees. Landscaping is also provided around the
walled enclosure. New six-foot high wrought iron fencing will be provided along
the entire Corson Avenue frontage.
The facility will be constructed on a partially developed site containing an
automotive repair business (McGrath Auto Repair) located at 31265 Murrieta
Road (APN: 358-210-033).
EXISTING ZONING and GENERAL PLAN LAND USE:
Existing General Plan Land Use: Commercial Retail (CR)
Existing Zoning: Scenic Highway Commercial (C-P-S)
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofrnenifee.us
Planning Approval Letter
Faith CUP 2013-228
January 25,2018
APPLICATION SUMMARY:
Date of Submittal: October 29, 2013
Date of Approval: November 29, 2017
Date of Expiration for CUP 2013-228: November 29, 2019
PUBLIC HEARINGS:
On November 29, 2017, the Planning Commission, at an advertised public hearing, considered
Conditional Use Permit No. 2013-228. At the November 291h Planning Commission hearing, the
Commission, in a 5-0 vote, approved two (2) resolutions adopting the Mitigated Negative
Declaration and approving the Conditional Use Permit subject to the Conditions of Approval and
the findings and conclusions incorporated in the staff report.
ENVIRONMENTAL:
A Mitigated Negative Declaration (MND) was completed for the project and adopted by the
Planning Commission. The MND did not identify any potentially significant impacts.
CONDITIONS OF APPROVAL:
The Conditions of Approval have been attached for your files. The enclosed conditions of
approval should be included with any other Building and Safety Department or Engineering
Department plan check submittals.
Please contact the Community Development Department at (951) 723-3742, if you have
questions or need additional information.
Sincerely,
City of Menifee Community Development Department
Manny Baeza
Contract Planner