Loading...
2018/09/07 Los Angeles SMSA, LP Landscape improvements APN: 358-210-033 AGREEMENT FOR LANDSCAPE IMPROVEMENTS This AGREEMENT FOR LANDSCAPE IMPROVEMENTS ("Agreement") is made and entered into as of the -744" day of �'�n , 2018, by and between the CITY OF MENIFEE, a California municipal corporation, ("City") and Los Angeles SMSA, a California Limited Partnership doing business as VERIZON WIRELESS, ("Lessor"). WITNESSETH 1. Lessor, for and in consideration of the approval of a conditional use permit for landscape and irrigation installation on that certain development plan known as Conditional Use Permit No.2013-228"Red Fox wireless telecommunication facility"within Assessor's Parcel No. 358-210-033 (the "Property"), agrees, at Lessor's own cost and expense, to furnish all labor, equipment, and material necessary to perform, complete, and maintain onsite landscaping within the property for a period of twelve (12)months after landscaping 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 TWENTY FOUR THOUSAND SIX HUNDRED AND FIFTY SIX AND 50/100 DOLLARS ($24,656.50). 2. Lessor agrees to pay to City the actual cost of such inspections of the Work as may be required by City's Community Development Director. Lessor 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 Lessor 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), Lessor 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 Lessor or any officers, agents, employees, representatives, or subcontractors of Lessor [collectively, the "Lessor 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 2671/031858-0001 8621088.2 a05/22/18 arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Lessor, any of the Lessor 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. Lessor 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 Lessor has completed the Work within the time specified or any extension thereof granted by City's Community Development Director. 5. Lessor agrees 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. Lessor, or its 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. Lessor shall comply with all applicable local,state,and federal laws and regulations applicable to the performance of the Work. Lessor 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 Lessor employees, contractors, and subcontractors. It is understood that it is the responsibility of Lessor 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. Lessor shall obtain and maintain a City of Menifee business license. Lessor shall require the same of all contractors and subcontractors. 8. If Lessor, or its 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 Lessor violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Lessor shall be in default of this Agreement and notice in writing of such default may be served upon Lessor. City's Community Development Director shall have the power to terminate all rights (granted by Conditional Use Permit No. 2013-228) of Lessor 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 Lessor, and any and all parties 2671/031858-0001 8621088.2 a05/22118 -2- 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 Lessor shall not be deemed to constitute a consent or waiver of City's rights with respect to any subsequent act or omission by Lessor. 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, Lessor agrees 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 Community Development Director. Lessor further agrees 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, Lessor agrees 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 Lessor fails to take such action as is necessary to comply with said notice, Lessor 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 Lessor 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 Lessor, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on said bonds. Lessor further agrees 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 Lessor. 12. This Agreement shall be binding upon Lessor and its 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 2671/031858-0001 8621098.2 a05/22/18 -3- 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 sliall be an original and all of which together shall constitute one agreement. 16. Lessor 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 party 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 Lessor: Los Angeles SMSA L.P. Verizon Wireless 15505 Sand Canyon Avenue Irvine, CA 92618 [signatures on following page] 2671/031858-0001 8621088.2 a05/22/18 -4- IN WITNESS WHEREOF, Lessor and City have executed this Agreement as of the date and year first above written. Los Angeles SMSA, L.P. Doing business as Verizon Wireless, ("Lessor") Dated: ��11 g By (Signature for President or other Category 1 Officer) (Print Name) 0► 2 c=t- R- s 1,u (Title) Dates : By (Signature for Secretary o r ategory 2 Officer) (Print Name) (Title) CITY OF MENIFEE ("City") Dated: Byr Cheryl K tz w Community Development Director Approved as to Form: ffrey T. e hing City Atto ey 2671/031858-0001 8621088.2 a05/22/18 -5- 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 6f-N4 ) On�lVL kC-1, , before me, `"C��`� PS AA-CDC��J� ',Notary Public, (here insert namean�' itle of the officer) personally appeared �-fe� yft-A," 2 , who proved to me on the basis of satisfactory evidence to be the person hose names j is/� subscribed to the within instrument, and acknowledged to me that he/ /thyexecuted the same in his/K}� authorized capacity, and that by his/ky tthpif-signature on the instrument the personf a', or the entity upon behalf of which the perso!3�Wacted, 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 �1 [SEAL] KELLY A. klCDON0 z COMM. #2128414 z Notary Public •California m Orange County ° M Gorton•Expires .28,2019 2671/031858-0001 8621088.2 a05/22/18 -6- 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 ) On before tne, ,Notary Public, (here insert name and title of the officer) personally appeared 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] 2671/031858-0001 8621088.2 a05/22/18 -7- • Gl?o ENIFE+ Community Development Department 1 FAITHFUL PERFORMANCE BOND FOR RECREATION FACILITIES, LANDSCAPE AND IRRIGATION IMPROVEMENT AGREEMENT CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) FOR LANDSCAPE: 1-Year Maintenance $ 2,500 Tract/Parcel Map 353-210-033 Other Project No. CUP2013-228 Total $ 24,656.50 Bond No. 019056029 Premium: $55.00 Surety Liberty Mutual Insurance Company Principal Los Angeles SMSA Limited Partnership, a California Limited Partnership dba Verizon Wireless Address 175 Berkeley Street Address 15505 Sand Canyon Avenue City/State Boston Massachusetts City/State Irvine, CA Zip code 02116 Zip 92618 Phone 617-357-9500 WHEREAS, the City of Menifee, State of California, and, Los Angeles SMSA Limited Partnership a California Limited Partnership dba Verizon Wireless (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated wireless facility including, landscape and irrigation materials and installation, related to (Parcel 353-210-033), which agreement(s) is/are hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s); NOW, THEREFORE, we the principal and Liberty Mutual Insurance Company, as surety, are held and firmly bound unto the City of Menifee in the penal sum of Twenty Four Thousand Six Hundred Fifty-Six and 50/100, Dollars ($24,656.50) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Menifee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. n MEE6+l FAITHFUL PERFORMANCE BOND FOR RECREATION FACILITIES, LANDSCAPE AND IRRIGATION IMPROVEMENT AGREEMENT The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code and commencement of construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on May 24, 2018. NAME OF PRINCIPAL: Los Angeles SMSA Limited Partnership a California Limited Partnership dba Verizon Wireless , AUTHORIZED SIGNATURE(S): By: Name:se,��1 Title: Di rcc4o (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Liberty Mutual Insurance Company AUTHORIZED SIGNATURE: Brittany Clavi I s Attorney-in-Fact (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGN 44R.ES OF-PRINCIPALAND ATTORNEY-IN-FACT. ACKNOWLEDGMENT BY SURETY STATE OF Missouri City of St. Louis } SS. On this 24th May 2018 day of , before me personally appeared Brittany D. Clavin ,known to me to be the Attorney-in-Fact of Liberty Mutual Insurance Company the corporation that executed the mtliin instrument,aihd acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have heretmto set my haihd <md affixed my official seal, at my office uh the aforesaid County,tie day and year in this certificate first above«Titters. JoZ&R. Frank My Commission Expires: June 20.2018 Notary Public ill tie State of Missouri (Seal) _ City of St.Louis t JOANN R. FRANK � (� Commission#14395672 Notary Public, Notary Seal x State of Missouri � ;t S1. Louis City (j Co;-imission * 1 4395672 i fvay Commissfor, Expires June 20, 2018 S-0230/GEEF 2/98 f THdS POWER OF ATTORNEY IS=NOn VALID UNLESS IT-IS P RIN TED_ON REDBQCKGROUND _ .� . This.Power of Attorney limits the acts of those named herein,and they-have no authority to bind the.Company exceptan the:manner and to the extent herein stated. - i - ✓� ^✓ J s _ = 7704206 Certificate No. GbertyMutuallnsuranceCompany�' �^ The Ohio Casualt Insurance_Com an'1 _West American Insura C s ram ✓ Y P y! - nce omPan y: ^ _ - ^ % POWER=OF ATTORNEY = - - KNOWN ALL PERSONS BY THESE PRESENTS That The Ohio Casualty Insurance Company is a corporation duly organized under:the laws of the Stale of New Hampshue,that ^Liberty Mutual Insurance Company.is'a corporahon duly:organized-undecrthe lairs"of the State;:of Massachusetts;<and We§t American Insurance Company is a corporation dui �- o`r anized underthe lours of the=State of Indiana fl ln-coilechvel .called the;"Cam antes Y " - 9 ^ _- _ Y p )-pursuant to antl by authority herein set forth,does herebyrname constitute and appoint, ti Brittany D.Clavin;Cynthia L:.Choren:Debra-C Schneider Heidi A=NofFieisen oAnn R Prank;Karen L Ro'ider Kelsey M Jones Pamela A 'Beelman,Sandra L.Ham -- - all of the city of St Louts' - - - _ Y- state of MO_ __ each indivlduallyaftliegbe more than one named its true and lawful attorney In=fact to make,execute,seal,acknowledge T and deliver,for and on its:6ehalf as_surety and"a"s its actand deed:any and all;undertakings bonds recognizances and other surety obligations,in pursuance of these presents and shall r-• - be as binding upon the Companies as if theyhave been duly signed by the president and attested by.the secrets of the Com anies in their own ro er arsons. _y ry p P. .P p. IN WITNESS WHEREOF,this Power ofAttomey has been subscribetl by an authorized officer orofficial of the:Companies and the corporate-seats of the Companies have been affixed thereto this-:30th dayof March 2017 -: - - J :; -.�?,r toy,: -� C• The Ohio Casualty Insurance Company rn 0 1919= 191, o t991 _ = Liberty Mutual Insurance Company cn ' _ ui �y'. 2� z 2Westmerican"Insurance CompanyN _ , sy: �, n STATE OF PENNSYLVANIA ss - - _ David M.Carer Assistant Secretary C :F3 co -COUNTY OF MONTGOMERY -- On this 30th da of March 2017 %l 0 L Y ,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance CU v F a) Company,,The Ohio Casually Company,and West American Insurance Company,.and that he, as such, being authorized so to do,execute the foregoing instrument for the purposes >.,U) -Q_ therein contained by signing on behalf of the corporations by himself as a duly authorized officer. y LU CU IN WITNESS WHEREOF 1 have hereunto subscribed-my name and affixed mynotarial seal at King of Prussia,Pennsylvania,on the day and year first above written. : p Q �-� C,�� PA COMMONWEALTH OF PENNSYLVANIA Q O f ....�2 0`^ `FC� - Notarial Seal - �G%� to �!1'l:'�' F^ - Teresa Pastella.NotaryPublic B O d' O' Y: _O i Y Upper MerionTw p.,Montgomery County Teresa ti _, y - i 9 ry Tere Pasteila,Notary Public .Qj O f\ � y�r��r�Jp�'4 My Commission Expires March 29,2021 _ ?_� 0 - OTq G Member,Pennsylvania Association or Nolarics _ - _ - -Q=ca Fry c CU This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual W ai+ Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: orN: of en is ARTICLE IV-0_FFICERS-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:=0 = a�-� to such-limitation as the Chairman or the President may pp y y ry p y prescribe,shall appoint such attorne s in-fact,as may be necessa to act in behalf of the Corporation to make execute seal -O c' 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 theirrespective- 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, �; p( executed,such instruments shall be as binding as if signed by the President and attested to by the 5ecreta An `"ry. y power or authority granted to any_representative or attomey in=fact under > the provisions of this article may be revoked at any time by the Board,the Chairman,the Presidentoryy the officer or officers granting such power or authority. w. ARTICLE XIIL-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 _. �. L-_and subjectlo such limitations as the chairman or the president may prescribe,shall appoint such attdmeys-in-fact,as maybe necessary to act in behalf of the Company to make,execute,,E M 0,�, 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";r_'! Zw C-u 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 executed such instruments shall be a0inding as if signed by president and attested by the secretary. o co l Certificate of Designation-The President of the Companyacting pursuant to tfie Bylaws of-the Company authorizes David M.Carey Assistan4Secretary to appoint such altomeys in ~r fact as may be necessary to act on behalf o"f.the Company to make.execute;seal,acknowledge and dehveras surety any and all undertakings;bonds,recogniza obligation nces and other surety s. ,: Authorization-By unanimous consent of the Company s Board of Directors,the Company consents:thatfacsimile or mecfianically reproduced signature of an assistant secrets of the Company,wherever appearing upon a.certfied-copy of any power ofattorneyissued by lhe:Company in connecton with Surety bonds,shall be_valid and binding uponahe Camp ny with, Ahe same force and effect as though:manually affixed - _ - r t -1, Renee C. Llewellyn the undersigned, Assislanf:3ecretary, The Ohlo:Casually..ina rance Comoany_Ll Ar Mutual Insurance Company and Nlest American lnsurrance Company do= hereby certify that the original power_of attorney ofrWhiph:the foregoing is a full trite and cooEct copy of the Povj2r 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 Comp I s th s- 2� -day of - _ - 20- 18 = '�j�`� '(Y;tNS 1NSL ItiSGIr ^-�%'�• .� _ ^v��. .yJ`y�e I�q9„� = 1J'�cc R�br, ��G�t^ooaU br, ,•'^✓�� - - _ _ �., � -/ ��^. - '^% o 19 9 1912 Renee C Llewe t AssistantS✓retary ti-v�� ss _-\'zLMS_12673=022017=_ �./��.�.�✓.���:.� �^'1�=y��:���,� -