2021/08/30 Valleywide Recreation and Park District CUP 2018-078 Landscape ImprovementsAGREEMENT
FOR LANDSCAPE IMPROVEMENTS
This AGREEMENT FOR LANDS
entered into as of the 3! n auy or
C PE IMPROVEMENTS ("Agreement") is made and
2021, by and among the CITY OF
MENIFEE. a Califomia municipal corporatr , ("City'), Valley-Wide Recreation and Park
District, a public agency of the State of Califomia ("Landowner"), and New Cingular Wireless
PCS, LLC, a Delaware limited liability company ("AT&1"').
WITNESSETH
L AT&T for and in consideration of the approval of a minor plot plan for landscape
approval and installation on that certain development plan known as "Wheatfield Park Wireless
Communication Facility" (Conditional Use Permit No. 2018-078) including landscape approval
and installation located on the southwest comer of Menifee Road and La Piedra Road. APN: 364-
070-026 (the "Property"), agree, at AT&T's own cost and expense, to fumish all labor, equipment,
and material necessary to perform, complete, and install, in a good and workmanlike manner, all
those landscape and irtigation 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 9.195 and Menifee Municipal Code Chapter 15.04,
which are expressly made a part of this Agreement (the "Work"). The estimated cost of the Work
is Seven Thousand Three Hundred Seven Dollars and Zero Cents ($7.J07.00). Landowner
agrees. at Landowner's own cost and expense, to fumish all labor, equipment, and material
necessary to maintain the AT&T installed landscape and irrigation improvements as described in
this paragraph ("Landscape Maintenance") for a period of twelve (12) months after Building
Permit final in a good and workmanlike manner. All of the Work and Landscape Maintenance
shall be done under the inspection of and to the reasonable satisfaction of City's Community
Development Director in accordance with the approved landscape and irrigation plans, and shall
not be deemed complete until approval of the final planting inspection is made in writing by City's
Community Development Director, and such approval not to be unreasonably withheld,
conditioned or delayed.
L Landowner or AT&T agrees to pay to City the actual cost of such inspections of
the Work as may be required by City's Community Development Director. AT&T shall hold
Landowner harmless from and shall reimburse Landowner for any inspections costs paid by
Landowner under the previous sentence. AT&T and City agree that if suit is brought upon any
security guaranteeing the completion ofthe Work, all reasonable costs. expenses, and fees incurred
by City in successfully enforcing such obligations shall be paid by AT&T including reasonable
attomeys' fees, and that ifjudgment is entered against AT&T, such costs. expenses, and fees shall
be taxed as costs and included in any judgment rendered.
t To the fullest extent permitted by law (including, without limitation, Califomia
Civil Code Sections 2782 and 2782.6), AT&T shall defend (with legal counsel reasonably
acceptable to City), indemniS, and hold free and harmless City and City's agents, oflicers, and
17t26 0000t\31277653.2
employees, (each, an "lndemnitee") from and against any and all claims, loss, cost, damage, injury
(including, without limitation, injury to or death of AT&T or any officers, agents, employees,
representatives. or subcontractors ofAT&T (the "AT&T Entities"), expense, and liability ofevery
kind, nature, and description (including. without limitation, incidental and consequential damages,
court costs, attomeys' fees. litigation expenses, and fees of expert consultants or expert \ryitnesses
incurred in connection therewith and costs of investigation) that arise out of, pe(ain to, or relate
to, directly or indirectly, in whole or in part, the negligence or willful misconduct of AT&T, any
ofthe AT&T 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 indemnifo 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.
L Landowner and AT&T hereby grant to City, and to any agent or employee of City,
upon not less than forty-eight (48) hours prior notice, the 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 AT&T has completed the Work within the time
specified or any extension thereof granted by City's Community Development Director.
Landowner may revoke the permission granted under this paragraph if it reasonably determines
that AT&T has abandoned the Work.
f, AT&T 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 waming 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.
L AT&T, or their agents and employees, shall give notice to City's Communiry
Development Director at least forty-eight (48) hours before beginning the Work and shall fumish
City's Community Development Director. upon City's request, information respecting the
progress and manner of the Work.
L AT&T shall comply with all applicable local, state, and federal laws and regulations
applicable to the performance of the Work. AT&T 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 oflndustrial Relations
of the State of Califomia, will be the minimum paid to all laborers. including Landowner
employees, contractors. and subcontractors. It is understood that it is the responsibility of
Landowner to determine the correct scale. The State Prevailing Wage Rates may be obtained from
the Califomia Department of Industrial Relations ("DIR") pursuant to Califomia 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. AT&T shall obtain and maintain a City of Menifee business
license. Landowner shall require the same ofall contractors and subcontractors.
& If AT&T, 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
17126 00001\14277653 2
extensions of time e$ have been granted by City's Community Development Director, or if AT&T
violates. refuses, or fails to perform satisfactorily any of the provisions of the plans and
specifications and fails to correct such violation, refusal, or failure within thirty (30) days after
receipt of notice of such violation, refusal, or failure from City. AT&T shall be in default of this
Agreement and notice in writing ofsuch default may be served upon AT&T, provided however, if
the nature of the default is such that more than thirty (30) days is required to cure such default,
then no such default will be deemed to exist if AT&T has commenced to cure such default within
such thirty (30) day period and prosecutes such cure to comp,etion with reasonable diligence.
City's Community Development Director shall have the power to terminate all rights of AT&T
under this Agreement due to such default. The determination of City's Community Development
Director of the question as to whether the Work and Landscape Maintenance have been performed
satisfactorily in accordance with the City-approved landscape and irrigation plans and
specifications shall be conclusive upon Landowner, and any and all parties who may have any
interest in this Agreement or any portion thereof. No delay or omission in the exercise ofany right
or remedy by any party shall impair such right or remedy or be construed as a waiver. No party's
consent or waiver ofone act or omission by another pany shall be deemed to constitute a consent
or waiver ofthe waiving party's rights with respect to any subsequent act or omission by the other
party. Any waiver ofany default shall be in writing. The foregoing provisions ofthis Section shall
be in addition to all rights and remedies available to the parties under law.
9. Within forty-five (45) days of the full execution of this Agreement, AT&T agrees
to file with City good and sufficient security as provided in subsections ( I ), (2), and (3) of
subdivision (a) of Section 66499 of the Govemment 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 reasonably acceptable by City's Building
Director. AT&T further agrees that if the security is a bond and if the sureties on the faithful
performance bond or the amount of said bonds becomes insullicient, AT&T agrees to renew each
and every bond or bonds with good and suflicient sureties or increase the amount of said bonds,
or both, within ten ( l0) days after being notified by City's Community Development Director that
the sureties or amounts are insufficient, provided such sureties does not exceed the estimated cost
of the Work. Nofwithstanding any other provision herein, if AT&T fails to take such action as is
necessary to comply with said notice, AT&T 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 AT&T of the insufficiency of the sureties or the amount of the
bonds or both.
r7r 26 00001\342?7653 2
1S It is further agreed by and between the parties hereto, with respect to the surety or
sureties on the bonds or the issuers ofany instruments or letters ofcredit 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 AT&T, and such
extensions shall in no way affect the validity of this Agreement or release the surety or sureties on
said bonds. AT&T further agrees to mainmin the aforesaid bond or bonds or the issuance of any
instruments or letters of credit in full force and effect during the Term (as defined in Section I I
below) of this Agreement, including any extensions of time as may be granted thereon.
.|.!* Upon the reasonably satisfactory completion and written approval ofthe Work by
City's Community Development Director ("Term"), such approval not to be unreasonably
withheld, conditioned or delayed. the entire amount ofthe security shall be released or retumed by
Ciry ro AT&T.
L This Agreement shall be binding upon AT&T, City, Landowner, and their heirs,
executors, administrators, successors, or assigns, all and each both jointly and severally,
t3- 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.
)L 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 ofthe remaining portions shall not
be affected and the rights and obligations ofthe 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.
1l 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- AT&T 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.
)1- The laws of the State of Califomia shall govem this agreement. In the event of
litigation between the parties, venue in state trial courts shall lie exclusively in the County of
Riverside, Califomia. In the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of Califomia, in Los Angeles.
1& The person(s) executing this Agreement on behalfofthe 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 pany is
formally bound to the provisions of this Agreement. The parties may sign this Agreement
electronically.
1S All notices, requests and demands hereunder will be given by first class certified or
registered mail, refurn receipt requested, or by a nationally recognized ovemight courier, postage
prepaid, to be effective when properly sent and received, refused or retumed undelivered. Notices
rvill be addressed to the parties hereto as follows:
To City:City of Menifee
Community Development Department
29844 Haun Road
Menifee, CA 92584
New Cingular Wireless PCS, LLC
r7 r26.0000 t\142776J3 2
To AT&T:
Attn: Network Real Estate Administration
Re: Cell Site #: CSL04289; Cell Site Name:
Wheatfield Park Menifee (CA)
Fixed Asset #: 14296258
1025 Lenox Park Blvd. NE, 3'd Floor
Atlanta, Georgia 303 l9
New Cingular Wireless PCS, LLC
Ann.: Legal Dept - Network Operations
Re: Cell Site #: CSL04289; Cell Site Name:
Wheatfield Park Menifee (CA)
Fixed Asset #: 14296258
208 S. Akard Street
Dallas, TX 7 5202-4206
To Landowner:Valley-Wide Recreation and Park District
Attn: General Manager
901 West Esplande Avenue
San Jacinto, CA 92582
The copy sent to the Legal Department is an administrative step which alone does not constitute
legal notice. Either party hereto may change the place for the giving ofnotice to it by thirry (30)
days' prior wrinen notice to the other party hereto as provided herein.
IN WITNESS WHEREOF, AT&T, Landowner, and City have executed this Agreement as of the
date and year first above written.
New Cingular Wireless PCS, LLC, a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
('AT&T',)
By
CnOe- V 02SE-
(Print Name)
*zn,a M asAccre Nf+fr
(Title)
r7 r26 00001\34277653 2
With a copy to:
Dated:Au- /3, ''',a
CITY OF MENIFEE, a Califomia municipal corporation
C'City)
Dated By
Cheryl
Community Director
Valley-Wide Recreation and Park District, a public agency of the State of Califomia
("Landowner")
Dated g.ZU-Loz\By
-Perr\l V.IeTraR
(Print Name)
Gexexa. Maara(,ae*
(Title)
to
J T
Attorney
I 7t 26.0000r\142??653.2
I
ACKNOWLEDGMENT
A notary public or other offlcer 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.
State of California
County ot OfingL i
On tzb ?'Z before me,lAlaqg ltad\r,.r, N#arv ?uUt,.
title of the
personally appeared Chvi= rvl
who proved to me on the basis of satisfactory evidence to be the person(c, whose name(,) d67tre
subscribed to the within instrument-and acknowledged to me that t@he/they executed the same in
m/her/their authorized capacity(iC6), and that by&nerltneir signature(r) on the instrument the
person(l), or the entity upon behalf of which the person(i) acted, executed the instrument.
I certify under PENALry OF PERJURY under the laws of the State of California that th6 toragoing
paragraph is true and conecl.
WTNESS my hand and official seal.
ruXs HADTEY
ailllJo.l 12208461fufr.Cffi.nlo
Signature (Seal)
(insert na'r,ne and
oc3€-
ACKNOWLEDGMENT
A notary public or other oflicer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
aftached, and not the truthfulness, accuracy, or
valid of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared '
who provLd ie 6s sn is/are
subsbribed to the within instrument and acknowledged to me that heishe/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 PENALT OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WTNESS my hand and ofiicial seal
Signature (Seal)
ACKNOWLEDGMENT
State of California
County of Dtvprctdp )
On before me,n tc
(insert name and title of the officer)
personally appeared J)ean uL*ler
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 PENALry OF PERJURY under the laws of the State of California that the foregoing
paragraph is lrue and correct.
WITNESS my hand and official seal.AMAfiDA S.TliOM50N
llotry Publi( - c.lilorni.
lal" idr Counly
(ommitlbn t 1212011
,
Comm. Elpir., All9 2E. 2021
Signatu (Seal)
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
valid of that document.
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certilicate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of CaliforniacountyofJ
On before me,
(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 PENALry OF PERJURY under the laws of the State of California lhat the foregoing
paragraph is true and correct.
WTNESS my hand and official seal.
Signature {Seal)
ACKNOWLEDGMENT