2022/04/02 American Tower, LLC Conditional Use. Permit No. 2009-115AGREEMENT TO INDEMNIFY AND HOLD HARMLESS
This Agre met to Indemnify and Hold Harmless ("Agreement") is entered into,
effective as of �lI 2- , 2022, by and between the CITY OF MENIFEE, a municipal
corporation, on the one hand, ("City"), and American Tower, LLC, a California limited
liability company, and MENIFEE BIBLE CHURCH, INC., "Indemnitors", on the other. The
City and Indemnitor(s) are herein referred to collectively as the "Parties" and individually
as a "Party."
RECITALS
Whereas, American Tower, LLC seeks a Conditional Use Permit No., DEV 2019-
008, which proposes the renewal of a Minor Conditional Use Permit No. 2009-115 to
continue the uninterrupted operation and maintenance of an existing wireless
telecommunication facility disguised as a 50-foot-tall pine tree with six (6) panel antennas
located on three (3) sectors, one (1) GPS antenna, and one (1) microwave antenna within
an existing 280 square foot lease area with four (4) equipment cabinets. (the "Project") is
located at Sun City Bible Church at 26815 Murrieta Road, in the City of Menifee, County
of Riverside, State of California on a (APN: 330-250-053) (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. Indemnitors 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: (i) the City's approval of the Project, 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
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8073430 2 a03/08/22
approval, and any finding or determination made and any other administrative
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"); and/or (ii) the acts, omissions or operations
of the Indemnitors and the directors, officers, members, partners, employees,
agents, contractors, and subcontractors of each person or entity comprising the
Indemnitors with respect to the ownership, planning, design, construction,
operation, and maintenance of the Project and its location on the Property;. The
City shall notify the Indemnitors of any claim, lawsuit, or other judicial or
administrative proceeding (herein, an "Action") within the scope of this indemnity
obligation and request that the Indemnitors defend such Action with legal counsel
reasonably satisfactory to the City. The City's consent to any legal counsel chosen
by the Indemnitors hereunder shall not be unreasonably withheld. If the
Indemnitors fail 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
Indemnitors and, if they do, the Indemnitors shall promptly pay the City's full cost
thereof, with payments made at least on a monthly basis. Notwithstanding the
foregoing, the indemnity obligations described herein shall not apply in regard to
any claim that may arise out of the willful misconduct or the sole active negligence
of the City, its employees, agents, licensees, lessees, contractors, and/or
subcontractors. 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.
2465/031858-0001
8073430 2 a03/0822 -2-
„CITY”
Dated: 2022 CITY OF MENIFEE, a California Municipal
Corporation
By: Q'&q
APPROVED AS TO FORM
ROTA" TUCKER.J.,LP
for the City of Me
ARMANDO G. VILLA
Its: CITY MANAGER
CITY OF MENIFEE
"INDEMNITOR"
J� 'Meni bible Chur
Dated: "� o� , 2022 By.
Print / / ,, I
Name: ! 6,00(/( �hrl s Ilewsm
Its Manager/Managing Memberlehale ! kes'W67-f
"INDEMNITOR"
[American ,�iiw rs, LLC]
Dated: / % , 2022 = ��
2465/031858-M 1
8073430 2 a03/0822 -3-
ATC Site Name: Sun City Bible CA; Site Number: 274612
Site Address: 26815 Murrieta Rd, Romoland, CA 92585
APN: 330-250-053
ACKNOWLEDGMENT
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
validitv of that document.
State of California
County of _Q1 ders;de
On Al')rl 2rcl 2)Z� before me, 1s'beliz )uk152i Noi:aJ NubliC
(insert name and title of the officer)
personally appeared 121)al d nTy �ir'1;-�1)5 if -
who proved tome on the basis of satisfactory evidenceto be the persogKwhose nam �e
subscribed to the with in instrument and acknowledged tome that e y execute the same in
�ia�#effthn*ir authorized capacity(, and that b 7het�tl.leir signs ureVon the instrument the
persons} it the entity upon behalf of which the persar�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. ° 2WIT
• � : rmwi,r rwe •euraau
�.�.c.�
Signature 4' (Seal)
+-c : A9rech2f rnI ss
AMERIC %N TOWER•
C O R P O R A T I O N
NOTARY BLOCK
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
This instrument was acknowledged before me by Margaret Robinson, Senior Counsel of American Tower (Tower Facility
owner and/or operator), personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same.
WITNESS my hand and offici�491't%!'t%h day of April, 2022.
��i 85ipOrC�r��'�.
NOTARY SEAL VCP�1731Z��,_d'
=a
s �p :y0�, ytiG = yt,.` Notary Public
AR1�
My Commission Expires:
M
American Tower as used herein is defined as American Tower Corporation and any of its affiliates or subsidiaries.
10 Presidential Way • Woburn, MA 01801 • 781.926.4500 Office • 781.926.4555 Fax • www.americantower.com