HomeMy WebLinkAbout19. Intro Ord-Approving Licensing & Encroachment Agrmt w-Crown CastleAPP D BY
FROM -TO: HONORABLE MAYOR ASHTON AND MEMBERS OF THE CITY CQYW'� MANAGEF?
OFFICE OF
MOHAMMAD MOSTAHKAMI,DIRECTOR OF ••
DATE: FEBRUARY 1, 2018
SUBJECT: CROWN CASTLELICENSE
RECOMMENDATION
That the City Council:
1) INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEl
APPROVING A LICENSING Ar ENCROACHMENT AGREEMENT
CASTLE NG WEST, LLC; . d
2) Authorize the Mayor to execute the agreement in a form approved by the City Attorney, and
3) Authorize the City Manager to execute any amendments to the agreement as necessary in a
form approved by the City Attorney.
In January 2003, the California Public Utilities Commission (CPUC) issued the telephone company
NextG Networks of California, Inc. ("NextG") a Certificate of Public Convenience and Necessity
(CPCN) to provide limited telecommunication services. The primary intent of NextG's service was to
augment bandwidth signal strength by building, owning and leasing fiber-optic distributed antenna
systems to improve coverage and capacity for wireless telecommunication carriers in accordance with
the Federal Communications Commission (FCC) and CPUC regulations. NextG is "agnostic" in its
services in that it can carry cellular, PCS, WiFi or any combination of wireless frequencies and
standards for a multitude of carriers such as Verizon Wireless and AT&T. In the process of meeting
customer demand, NextG entered into agreements and established licenses with local agencies to
construct, install, operate, maintain and control various telecommunications facilities on the
infrastructure owned by the agencies to provide said services.
In August 2007, the City entered into a licensing and encroachment agreement with NextG to permit
the installation, operation, maintenance and control of telecommunications antenna devices consisting
of microcellular optical repeater equipment, or "nodes", on city -owned infrastructure within the city's
right-of-way and to provide limited telecommunications services to providers such as AT&T and
Verizon Wireless as well as other large aggregators and businesses with large telecommunication
needs.
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CROWN CASTLE LICENSE AND ENCROACHMENT AGREEMENT
FEBRUARY 13, 2018
NextG subsequently prepared plans for the installation of a fiber optic system within the city on
existing Southern California Edison power poles, which the City does not regulate, as well as the
installation of a node on a traffic signal pole at the intersection of Lakewood Boulevard and Cherokee
Drive. The nodes installed by Crown Castle utilize a patented fiber-optic architecture, low -impact,
low -emission equipment without the need for cellular towers to provide a less obtrusive appearance.
The licensing and encroachment agreement with NextG expired on August 31, 2017. On July 6,
2017, Crown Castle submitted a letter (see attached) to the city requesting the renewal of the
Licensing and Encroachment Agreement for another 10 -year term and informing the city that NextG
underwent a change in the name of the company to Crown Castle NG West LLC.
r •;
Crown Castle NG West LLC ("Crown Castle") now desires to renew the licensing and encroachment
agreement (see attached) with the city for another 10 yearn. In addition, Crown Castle desires to
install 20 additional nodes on city -owned street light poles in accordance with their standard
equipment installation detail (see attached) throughout the city at locations as shown on the Node
Location Map (see attached). Through the adoption of the attached ordinance, the new licensing and
encroachment agreement with Crown Castle will become effective. Per the terms of the licensing and
encroachment agreement, Crown Castle shall compensate the city in the amount of $1,000 per node
per year for the use of the city's infrastructure, also referred to as a "infrastructure use fee". The fee
will be subject to an annual adjustment in accordance with the Consumer Price Index (CPI). In
addition, Crown Castle will be required to furnish a performance bond (see attached) covering any
defects pertaining to the construction and/or installation of the nodesoncity-owned infrastructure as
well as a continuing performance (see attached) bond which will provide coverage of the various node
sites following their installation in the event they ever need to be removed by the city should Crown
Castle ever cease operations.
071TU,i ` _
Through the proposed licensing agreement,
$1,000 per installed antenna as an annual
approximately $20,000 per year subject to a
Price Index.
the city will receive annual revenue in the amount of
infrastructure use fee, resulting in a total amount of
i annual adjustment in accordance with the Consumer
Attachments.-
Attachment
ttachments:Attachment A - Letter received from Crown Castle
Attachment B — Ordinance
Licensing and Encroachment Agreement
Exhibit A — Equipment Installation Detail
- Exhibit B —Node Location Map
- Exhibit C — Construction Performance Bond
- Exhibit D — Continuing Performance Bond
2
CITY OF DOWNEY
Downey, CA 90241
Attn: City Manager
RR-7,10"Nu•
mm-c�le �"It
LEVI alai 2 1.1 Oly It-, ffigly ":I jim
betwe n the- C
effective August 28, 2007 and commencing September 1, 2007 (the "TNLEA"), please accept this letter as notice
that Crown Castle hereby excercises its option to renew the TNLEA for an additional ten (io) years.
I 'Jill pll�1111111111111
Crown Castle NG West LLC
c/o Crown Castle
2000 Corporate Drive
Canonsburg, PA 15317-8564
Atti6iiiii Siu*i, Geier2l GtiwLsel
(724) 06-2000
The Foundation for a Wireless World.
CrownCastle.com Attachment "A"
DUE=
Crown U-591—e-nlY"TINFRI"
c/o Crown Castle
2000 Corporate Drive
Canonsburg, PA 15317-8564
&Ylm-1. �- f f� WZAW�
(724) 416-2000
Ellie Hornick, Manager Contract Execution-SCFS
Cricv,-AX-7 17
(724) 416-9647 1 Eft
Crow ii:. is
• t • • • • • i
LICENSING AND ENCROACHMENT AGREEMENT WIT-
WEST LLC.
WHEREAS, in 2003, the telephone company NextG Networks of California, Inc.
(hereinafter referred to as "NextG") was issued a Certificate of Convenience and Necessity
(CPCN) by the California Public Utilities Commission (CPUC) to build, own and lease a
telecommunications network consisting of fiber-optic distributed antenna systems utilizing
microcellular optical repeater equipment to carry cellular, PCS, WiFi or any combination of
wireless frequencies and standards to improve coverage and capacity for wireless
telecommunications carriers in accordance with CPUC and Federal Communications
Commission (FCC) regulations; and
WHEREAS, NextG subsequently entered into licensing agreements with various local
agencies to construct, install, operate, maintain and control the communications networks and
facilities; and
WHEREAS, on September 12, 2007, the City entered into a licensing and encroachment
agreement with NextG to permit the usage of city -owned infrastructure for the installation of
telecommunications antennae, or "nodes'; and
WHEREAS, the licensing and encroachment agreement expired on August 31, 2017;
and
WHEREAS, on July 6, 2017, NextG informed the City that if wished to renew the
agreement for an additional 10 -year term to allow for the continued use of the City's
infrastructure and right-of-way for the installation and placement of its nodes to provide
telecommunications services and of its intent the change the name of the company to Crown
Castle NG West LLC (hereinafter referred to as "Crown Castle") due to a merger of NextG with
Crown Crown Castle NG West LLC; and
WHEREAS, the City is willing to approve Crown Castle's use of certain City -owned
facilities and certain improvements within the public right-of-way upon the terms,_ conditions and
other considerations set forth in the Licensing and Encroachment Agreement, and
WHEREAS, in accordance with Section 518 of the City Charter, the adoption of this
ordinance is necessary for the approval of the License and Encroachment Agreement with
Crown Castle, attached hereto as Exhibit "A", given that the term of the agreement will be for
period exceeding ten years and because the agreement is, in effect, an extension of the
previous agreement with the former NextG.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DONEY DOES ORDAIN
AS FOLLOWS:
SECTION 1, Based on the recitals which are incorporated by reference herein, the City
Council hereby approves the License and Encroachment Agreement with Crown Castle which is
attached hereto as Exhibit "A" and authorizes the Mayor to execute the agreement on behalf of
the City in a form approved by the City Attorney.
UM
a-r •WhIftei
APPROVED AND ADOPTED this 27th day of February, 2018:
SEAN ASHTON, Mayor
ATTEST:
MARIA ALICIADUARTE, CMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss:
CITY OF DOWNEY
1 HEREBY CERTIFY that the foregoing Ordinance No. 18- was introduced at a
regular meeting of the City Council of the City of Downey held on the 18`h day of February 2018,
and adopted at a regular meeting of the City Council of the City of Downey held on the 271n day
of February, 2018, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 18 , was
published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on
2018 (after introduction), and on , 2018 (after
adoption, including the vote thereon). It was also posted in the regular posting places in the City
of Downey on the same dates.
MARIA ALICIA DUARTE, CMC
City Clerk
INFRASTRUCTURE LICENSE AND ENCROACHMENT
AGREEMENT
This License and Encroachment Agreement ("Agreement") is entered into as of this 14th
day of November 2017, by and between the City of Downey, a California municipal corporation
and charter city, hereinafter referred to as the ("City") and Crown Castle NG West LLC, a
California Limited Liability Company hereinafter referred to as ("Crown Castle" or "Licensee")
(collectively, the "Parties" or the "parties"). The effective date shall be the date this Agreement
is approved by the Downey City Council, as evidenced by the date indicated hereinabove (the
"Effective Date").
RECITALS
WHEREAS, City owns Streetlights (Municipal Facilities) and is responsible for
management of Municipal Facilities and the public right of way and performs a wide range of
vital tasks necessary to preserve the physical integrity of public streets and ways, to control the
orderly flow of vehicles, to promote the safe movement of pedestrians, and to manage a number
of gas, water, sewer, electric, cable television, telephone and telecommunications facilities that are
located in, under and over the streets and public right of ways; and
WHEREAS, Licensee is a telephone company with a Certificate of Public Convenience
and Necessity from the California Public Utilities Commission and builds, owns, and leases fiber
optic distributed antenna systems to improve coverage and capacity for wireless
telecommunications carriers; and
WHEREAS, Licensee balances the needs of communities and consumers with the needs of
wireless service providers by using a patented fiber-optic architecture, low -impact, low -emission
equipment without the need for cellular towers, and
WHEREAS, Licensee's networks are protocol and frequency agnostic, they can carry
cellular, PCS, WiFi, or any combination of wireless frequencies and standards; and
WHEREAS, Licensee's networks can serve a variety Of Wireless service providers thereby
faromoting collocation with aesthetic pleasing designs; an
WHEREAS, Licensee does not own or manage Federal Communica ons o ssion
regulated and licensed frequencies but owns, maintains, operates and controls, in accordance
with regulations promulgated by the Federal Communications Commission and the California
Public Utilities Cominission, a telecommunications Network or Networks (as defined below)
serving Licensee's established wireless carrier customers and utilizing rnicrocellular optical
repeater equipment (referred to herein as censee's Faties" or "Nodes") certed by the
Federal Communications Commission; and
WHEREAS, for purpose of operating the Network, Licensee wishes to locate, place,
attach, install, operate, control, and maintain Licensee's Facilities on approved Municipal
Facilities within) the Public Rights -of -Way; and
WHEREAS, Licensee has submitted a request to enter into an • with the City to
encroach upon and occupy Municipal Facilities in portions of the public right of way in certain
streets, easements for the purposes of installing Licensee's facilities; and
WHEREAS, in consideration of Licensee's request, City is willing to approve Licensee I s
use and occupation of certain Municipal Facilities and certain public improvements in the public
• • way upon the terms, conditions and other considerations set forth herein.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt an sufficiency of
which are hereby acknowledged, the parties agree to the following covenants, terms, and
conditions�
Section 1. Definitions. The following definitions shall apply generally to the
. ......... .... . ....... ..... ... — ,,
eth � I - ...... . . ... ... - ----- --- --- -----
provisions o is Agfe6ffi6nf.--------
Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or levy of general
application to entities doing business in the City lawfully imposed by any
• body
(excluding utility users' tax, franchise fees, communications tax, or similar tax or fee).
Installation Date. "Installation Date" shall mean the • that the first Licensee Facility is
installed • Licensee pursuant to this Agreement.
Laws. "Laws " means any and all statutes, constitutions, charters, ordinances, resolutions,
regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other
requirements of the City or other governmental agency having joint or several jurisdictions over
the varties to this Agreement,
Licensee's Facilities. "Licensee's Facilities" or "Node(s)" means the optical repeaters, Dense
Wavelength Division and Coarse Wavelength Division multiplexers, antennae, fiber i•■ cables,
wires, and related equipment, whether referred to
• or collectively, to be installed and
operated by Licensee hereunder. Only the installation design configurations of Licensee's
Facilities that are shown in the drawings and photographs attached hereto as Exhibit A and
incorporated herein by reference may be used on - City Municipal Facilities� Any Licensee Facility
installation or configuration not contained within Ex�ibit A or as the parties shall agree is not
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Municipal Facilities. Municipal Facilities" means City -owned Streetlight Poles, lighting
fixtures, electroliers, or comp arable city -owned facility located within the Public Way and may
refer to such facilities in the singular or plural, as appropriate to the context in which used.
Network. "Network" or collectively, "Networks" means one or more of the neutral -host,
protocol -agnostic, fiber -based optical repeater networks operated by Licensee to serve its wireless
carrier customers in the City.
Public Way, Right -of -Way, or Public Rights -of -Way. "Public Way,- -Right-of-Way, or "Public
Rights -of -Way" means the space in, upon, above, along, across, and over the public streets, roads,
lanes, courts, ways, alleys, boulevards, and places, including all public utility easements and
public service easements as the same now or may hereafter exist, that are under the jurisdiction
of the City. This term shall not include any other property owned by the City or any property
owned by any person or entity (e.g. county, state, or federal rights-of-way) other than the City,
except as provided by applicable Laws or pursuant to an agreement between the City and any
such person or entity.
Services. "Services" means the services provided through the Network by Licensee to its
wireless carrier customers.
Streetlight Pole. "Streetlight Pole" shall mean any concrete, fiberglass, or metal pole that has a
mast arm for electrolier support and is used for streetlighting purposes within the jurisdiction of
City.
Section 2. 'Authorization. Subject to the terms and conditions contained herein, Ci
hereby authorizes Licensee to encroach upon and occupy certain Municipal Facilities in a portio
of the Public Rights -of- Way for the limited purpose of constructing, installing, operating an
maintaining Licensee's Facilities to provide Services.
a. Licensee shall have the right to draw compatible electricity for the operation of
Licensee's Facilities from the non -metered power source associated with the
Municipal Facility where the City does not allow a meter so long as i) Licensee's
Facilities are installed to all applicable codes and standards, ii) do not interfere in the
operation of the host Municipal FaciJity, and/ or iii) do not damage the host Municipal
Facility. City makes noguarantees or representations as to the suitability or
compatibility of any source or supply of electrical current necessary to operate
Licensee's Facilities.
K
b. Licensee shall be solely responsible for all costs and expenses associated wi
obtaining and maintaining a suitable and compatible electrical supply sufficient
power and operate Licensee's Facilities. Licensee shall also be solely responsible fo
all costs, expenses and payments of any and all electrical utility charges by th
applicable utility company based upon usage of electricity and applicable tariffs. Ci
shall under no circumstances be responsible for reimbursing, contributing or payin
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t
I
any costs to any utility company or Licensee for the costs and expenses associate
with any modification of or any use of electricity under this Agreement. License
I
Facilities shall not draw compatible electricity from Municipal Facility until such tim
-1
as Licensee has secured all required electrical approvals and the electrici
charging/ payment agreement with the electrical utility company is in place.
c. In addition to authorization to attach to Mur-dcipal Facilities, subject to obtaining the
written permission of the owner(s) of the affected property and an encroachment
permit from the City, the City hereby acknowledges Licensee's authority under
section 7901 of the California Public Utility Code, to enter upon the Public Rights -of -
Way to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and
replace Licensee's Facilities in or on poles orother structures owned by public utility
companies or other third -party property owners located within the Public Way as
be. At City's request, Licensee shall furnish to the City documentation of such
permission from the individual utility or property owner responsible.
& Exhibit A represents a good -faith description of Licensee's Facilities, and a denial of
an application for the attachment of Licensee's Facilities equipment to Municipal
Facilities or third -party -owned poles or structures in the Public Way shall not be
based upon the size, quantity, shape, color, weight, configuration, or other physical
properties of Licensee's Facilities equipment if the Licensee's Facilities equipment
proposed for such application substantially conforms to one of the design
configurations and Node specifications set forth in Exhibit A. In the event that the
Parties disagree as to whether the proposed Licensee's Facilities equipment or Node
substantially conforms to one of the design configurations and Node specifications set
forth in Exhibit A, the parties shall meet in good faith in an effort to resolve this
dispute with the City Engineer,
Section 3. Term. The commencement date ("Commencement Date") shall be the ist
day of the month following the Effective Date. This agreement shall be effective for a period of
ten (10) years, renewable upon written consent of both Parties. In addition, Licensee shall have
an option to renew the term of the License for an additional period of ten (10) years upon written
notice to City and approval by the City Council.
Section 4. Pertnitti"-Ahd Utafioft ot N�q&s�on Municipal FAMW04. City agrees to
permit Licensee to place approximately 20 telecommunications Nodes on the City's Municipal
Facilities, the placement of which will be processed on the Effective Date of this Agreement by
I.
permit as described in Exhibit B, attached hereto. Any additional permits required for new
Nodes on Municipal Facilities beyond the number of nodes as permitted through this agreement
and reflected in Exhibit B shall be processed as an amendment to Exhibit B. The Parties agree
that Exhibit A represents a good -faith representation of the equipment that Licensee plans to
attach to Municipal Facilities, that such design configurations and Node specifications may be
attached to Municipal Facilities and to H-drd-party facilities. Licensee shall present any
substantial deviation to the design configurations and Node specifications described in Exhibit A
to the City, which shall review and either approve or deny within thirty (30) days. Any change to
the design configurations and Node specifications in Exhibit A shall be approved by the City so
long as the equipment is substantially similar in size, weight, shape, color, configuration, or other
physical properties. In the event that the Parties disagree as to whether the proposed Licensee's
Facilities equipment or Node substantially conforms to one of the design configurations and
Node specifications set forth in Exhibit A, the parties shall meet in good faith in an effort to
resolve this dispute with the City Engineer.
Node antenna and supporting Node equipment at its lowest point, on Municipal Facilities
located in the Public Way, shall be placed at a minimum height of eight feet (8') above the
ground.
For purposes of construction and maintenance permitting, City shall not consider
Licensee to be a wireless carrier nor deem its installations wireless communications service
facilities nor shall it apply section 9136.28, et. seq., of the City Zoning Ordinance "Wireless
Communication Facility," Accordingly, City shall process Licensee's Facilities with
encroachment permits or other similar non -discretionary permit process, so long as it complies
with the terms and conditions of this Agreement. In addition to the City permitting process,
Licensee agrees to seek any and all additional local, state, and federal approvals that may be
required for its deployments.
City shall make available to Licensee the Municipal Facilities located witli-in the City's
Right -of -Way for the placement of Licensee's Nodes, substantially in the locations described and
provided to the City and attached hereto as Exhibit B. All Node locations shall be reviewed and
approved by City staff. City will have the final decision in the placement of any Node on any
City Facilities or infrastructure.
Section 5. Scope of Agreement.
Nothing contained in this Agreement shall be deemed or construed to create the
relationship of principal and agent or of partnership or of joint -venture or of any association
whatsoever between Citw and r-wci I-ttw"i T. -56U
computation of fees nor any other provisions contained in this Agreement nor any act or acts of
the parties hereto shall be deemed to create any relationship between City and Licensee other
than the relationship of City and Licensee.
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Licensee hereby acknowledges, agrees and covenants that this Agreement only allows for
the occupation of the
Right
Exhibit A and does not authorize or bestow any interest in real property including any fee,
leasehold interest or
createa. Limitations ort-, Lic e nse. Nothing mi this Agreement is intended to create an
interest Or estate of any kind or extent in the property or premises. Licensee further
acknowledges and agrees that this Agreement does not
rightsLicensee is not entitled to avail itself of any
ofCalifornia.
. 'Preference for Municipal, Facilities. In any situation where Licensee has a choice
of attaching its Equipment to either Municipal Facilities or rd -party -owned property in the
Public Way, Licensee agrees to provide the City with a first right of refusal to attach to the City
Municipal Facilities, provided that (i) such City Municipal Facilities are at least equally suitable
functionally for the operation of the Network and (ii) the fee and installation costs associated
with such attachment over the length of the term are equal to or less than the fee or cost to
Licensee of attaching to the alternative thi-rd-party-owned property. The City - agrees to let
Licensee know within thirty (30) days whether or not City wishes to exercise its first right of
thwParagraph,_.
C. 1 , • warranty •representation . . • . are
suitable for Licensee's use. Licensee has inspected the premises and accepts the same "AS IS".
for Licensee.
1 t #
a. C#y Infrastructure Else Fee, Licensee shall compensate City for the use of City
infrastructure a fee of One -Thousand Dollars ($1,000.00) per_oe per year (the "Infrastructure
Use Fee") for each Streetlight Pole or comparable facility located within the City's Right -of -Way
used by Licensee.
Any annual fees shall be pro -rated for the calendar year. Licensee shall keep accurate
books ol accourit at its principaloffice or ,.• of • • for the purpose of
determining
the amounts due to the City hereunder. The City may inspect Licensee's books of
duringany time regular
necessarythe books from time to time at the City's sole expense, but in each case only to the extent
f confirm the accuracy of payments . underthis Agreement.eventr ..
•
all actual and reasonable costs, including travel related to the audit shall be borne and
reimbursed bv Licensee. No acceitance of anv w shall be construed as a release
iment to the Ci
a
payable or for the performance on any other obligation under this Agreement. The City agrees to
hold in confidence any non public information it learns from Licensee to the fullest extent
permitted by Law.
percentageb. Minimum Annual Fee Adiustment Date. The Infrastructure Use Fee shall be
adjusted annually on the ani-tiversary of the Commencement Date by the
the most recently published Consumer Price Index All Urban• • •,
Angeles -
Riverside -Orange County,k Area •. f i of
prior year. This increase shall not`less than threepercent•r.
Payments•received within five days ofthedue date
as specified above shall accrue interest at a rate of seven percent (7%) per annum from the du
date. In addition, a late fee in the amount of ten percent (10%) of the amount due shall b
imposed in the event a payment is not received within thirty (30) days of the due da
Notwithstanding provisions •..this subparagraph, failure to make payments when they
r
• • `• r default i • Agreement, subject• stated
Section 33, "Termination." Licensee assumes all risk of loss and responsibility for delinque
d. g��kes to citi�. Licensee av-rees that at all times uring e term of this
Agreement it shall reserve one (1) strand of fiber owned or operated by Licensee in the City for
the City's exclusive use in operating a noncommercial, City -owned W1Fi network or for any
other noncommercial,City-operated data networkor • . rfunction.
e. Ai r
+ .• • payable • the City of Downey
changeand delivered to: City of Downey, ATTN: Finance Department, 11111 Brookshire Avenue,
Downey, CA 90241. The City reserves the right to
time upon sixty (60) days written notice pursuant to Section 32.
Section 7. Construction. 'Period Perf Lc� Immediately following .
cutio
of this Agreement, Crownprovide a cons•. i •• ••
•
regulation the City,substantially in the form attached hereto at Exhibit C, in the sum of Two Thousand Five Dollars
($2,500.00) (the "Construction Bond") for all facilities specified in Exhibit B and as may be later
added or changed by amendment, conditioned upon the faithful performance of construction
accordance with sections 4 and 5 of this Agreement and upon the further condition that, in the
event that Crown Castle shall fail to comply with any law, ordinance, rule, or
damagegoverning construction under this Agreement, there shall be recoverable jointly and severally
from the principal and surety of the bond any
including• of •, •` ,ffindemnification,or costsof • or
amountabandonment of property of Crown Castle, plus costs and reasonable attorney's fees up to the
full amount of the Construction Bond. The City may require Crown Castle to increase the
• f B• • if the City concludesto f • so based i •
the harm being caused by Crown Castle to the Rights of or r.Facilities.•
Castle agrees to keep the Construction Bond in place until the City has signed off on completion
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extendedCity's receipt of the original Exempted Transfer Notice. If the City fails to act upon icensee
Exempted Transfer Notice within the Exempted Transfer Evaluation Period (as the same may
in accordance• ••• = provisions), . be deemed
affirmation i.:.... the City that Licensee has in fact established compliance with the Exemp••:
Transfer Criteria to satisfaction.
The parties agree and acknowledge that, notwithstanding anything in this Agreement to
contrary, certain Equipment deployed by Licensee in the Rights-of-Way pursuant to
Agreement may be owned and/or operated by Licensee's third-party wireless carrier .
• installed and maintained by pursuant to license agreements betwe
Licensee and such Carriers. Such Equipment shall be treated as Licensee's Equipment for
purposes under this Agreement
performanceobligations it Agreement respecta such Equipment;Licensor
sole point of a .i•. • ia • (iii) Licensee shall have
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right to remove and relocate the Equipment.
Section `
. R6ponsibility of Licem���� The Licensee, on the Licensee
own behalf and on behalf of any successor or assign, hereby acknowledges and assumes
res:o.onsibili financialor otherwise, forAermitted use% _ i • .: i tand City Municipal Facilities and the planning, ..
design,
operationis removal of .Licensee'sFacilities. Removal of ..Facilities f
emergency,a true
the part of the City. All of Licensee's constructions, installation, removal, repair and mah-itenan
work shall be iverformedat Licensee's sole costand ex(wense in accordanceY•i .r
timesusing generally accepted construction standards.
Licensee shall ensure that Licensee's Facilities are maintained in a clean and sa
condition, in good repair and free of any defects. Licensee shall employ reasonable care at a
Y• Y Licensee's Facilities .• Y •
=
damage,commonly accepted methods and/or devices to reduce the likelihood of
nuisance to the public. The construction,operation, i maintenance of Facilities
be performed by experienced and properly trained, and if required, licensed maintenance an
construction •. •
Section 10. ltelocag���. Licensee shall, at its so e expense, protect, suppor
temporarilV disconnect, relocate, modify or remove all or any portion of Licensee's Facilities
the time iin the manner required by or any governmental purpose. Exc- r
emergency, the City shall give written notice pursuant i Section 32 describing where the work
to be performed r ' .:; days before the date i to be performed. Shi • th
Agreementpublic health, safety or welfare require that the City undertake immediate maintenance, repair 0
other action, Licensee shall take the measures required under this Section 10 within seventy-tw
(72) hours of receiving notice from the City. Licensee shall remove all Licensee's Facilities upo
the expiration of the Term of this
removingexpense, restore to City's satisfaction any affected Municipal Facilities and Public Rights-of-Wa
In
shall be made by it and shall leave all Municipal Facilities and Public Rights -of -Way 'in as good
condition as that prevailing prior to such removal without materially interfering with any
electrical or telephone cable or other utility wires, poles, or attachments.
If Licensee does not protect, temporarily disconnect, relocate, or remove to City's
satisfaction Licensee's Facilities within the time eriod syecified above or u�Rort the ex_viration of
the Term of this Agreement or any extension thereto, City'may remove the equipment, facilities,
and property and charge Licensee for the cost of removal and storage or recover such costs
against the surety on the performance bond maintained pursuant to Section 7. Alternatively,
upon Licensee's request, City may approve the abandonment of Licensee's Facilities in place.
Upon approval, Licensee shall execute, acknowledge and deliver any necessary documents to
transfer ownership of the Licensee's Facilities to City.
In a true emergency, where there is an imminent danger to the public health, safety or
property, the City may take the measures required by Licensee under this Section 10 without
prior notice to Licensee,� however, the City will make reasonable efforts to provide prior notice.
Section 11. Chgftg in VdWbmient. If Licensee proposes to install Equipment, which is
different in any material way from the specifications or design configurations attached hereto as
J�-
equipment from the City. In addition to any other submittal requirements, at City's request,
Licensee shall provide "load" calculations for all Streetlight Poles it intends to 'install in the Public
Rights -of -Way, notwithstanding original installation or by way of equipment type changes.
Section 12. Repair of Facilily. Licensee shall repair or refinish, at Licensee's sole cost
an r -VV %-ity 1Vlu cipal
G expense, any surface or other portion of the Public M nts-of aypropertyor'*' " ni-'--'
Facilities that is disturbed or damaged during the construction, installation, maintenance, or
operation of Licensee Facilities. Without limiting any other available remedies, if Licensee fails to
Ir ti
repair or refinish such damage, City may, in its sole discretion, but without any obligation to do
so, repair or refinish the disturbance or damage and Licensee shall reimburse City all actual and
reasonable costs and expenses incurred in the repair or refinishing.
Section 13. Relocation of Facilities. Licensee understands and acknowledges that City
may require Licensee to relocate one or more of its Node installations. Licensee shall at City's
direction relocate such Node equipment at Licensee's sole cost and expense, whenever City
reasonably determines that the relocation is needed for any of the following purposes:
re,-�uired for the construction, comyletion, re_)iair,, relocation, or maintenance of a 04ikyrojectw%),
because the Node equipment is interfering with or adversely affecting proper operation of City
owned Streetlight Poles, communications, or other Municipal Facilities; or (c) to protect or
preserve the public health or safety. In any such case, City shall use its best efforts to afford
Licensee a reasonably equivalent alternate location. If Licensee shall fail to relocate any Node
equipment as requested by the City within a reasonable time under the circumstances in
accordance with the fore6lgoin, -Xovision�. CRW shall be entitled to relocate the Node e:kui3ment at
Licensee's sole cost and expense, without further notice to Licensee. To the extent the City has
Me
actual knowledge thereof, the City will attempt promptly to inform Licensee of the displacement
or removal of any Streetlight Pole or other Municipal Facility on which any Node equipment is
fooqteoiL.
Section 14. Licensee to Bear All Costs. The Licensee, or any successor or authorize•
assign, shall bear all costs incurred in connection with the planning, design, mistallatio
construction, maintenance, repair, operation, modification, disconnection, relocation and remove
of the Licensee Facilities. The Licensee shall be responsible and shall bear the full cost of an
movement, damage, destruction or repair to City's Municipal Facilities and/or Public Rights -of
Way approximate to Licensee's Facilities. The Licensee shall be responsible and shall bear all co
of any movement to, damage to or repair of Licensee's Facilities due to repair, maintenand-
and/or failure/ collapse of any existing gas, water and sewer lines or any other improvements
works approximate to Licensee's Facilities, Licensee agrees to bear this cost where such damagi.
is directly or indirectly attributable to the installation, operation, maintenance, repair or upgrad,I
work on the Licensee's Facties, unless the damage results from the negligence or willf
misconduct of the City, its officers, agents or employees. These costs include electrical utili
charges to the applicable utility company based upon the Licensee Facilities usage of electrici
and applicable tariffs.
Section 15. Vnderaroun&nZ. In the event of an under -grounding project, Licensee
and Q6. airee to cowerate with each other in order to relocate or reilace Licensee's fa iliti in
L.1 V al 41 W. Six; V,&IOA go rawl" Egg afaw-w I r. &TMILO)
Section 16. Licensee to Submit A&601ANc� Plans. Prior to construction and
installation of Licensee's Facilities on Municipal Facilities, Licensee shall, at its sole cost and
expense, prepare and submit, together with payment of all related fees, any and all reasonable
plans and specifications required by the City Engineer, which shall include detailed maps
showing the planned construction, the size and the location and number, and any other details
regarding the placement of appurtenant above -ground equipment to be located in the Public
Rights -of -Way and on City Municipal Facilities or existing third -party infrastructure. The City
Engineer shall be authorized to review the plans and specifications and to impose such
requirements as are necessary to protect the public health and safety and to minimize any
negative impact on aesthetics resulting from above -ground improvements on Municipal
Facilities. The City Engineer shall be authorized to require an alternate location for the Licensee's
Facilities on Municipal Facilities to avoid conflict with public safety as well as other permitted
uses in or future public needs of the Public Rights -of -Way identified in this Agreement. Licensee
shall, at its sole cost and expense, submit traffic control plans for approval by City Eng,neer. The
City reserves the right to inspect the installation and maintenance of Licensee's Facilities at any
time. Licensee shall pay all plan check, inspection and other related fees prior to the issuance of
any permit for the installation and construction of Licensee's Facilities. All work within the
Public Rights -of -Way and Municipal Facilities or existing third -party infrastructure shall be
performed in strict compliance with plans and permits approved by the City Engineer.
MI
Section 17. JAcensee to S�cure Amirovat ancl In addition to obtaining an
maintaining the permits, Licensee understands and agrees that Licensee's ability to use the Publi
Rights -of -Way and Municipal Facilities and any third -party infrastructure for the purpose
contemplated by this Agreement is dependent upon Licensee obtaining and maintaining all
the certificates, permits and other approvals which may be required from other federal, state o
local authorities, and any easements which are required from any third parties. City sh
cooperate with Licensee in its efforts to obtain such approvals and/or easements, as may b
required for Licensee's Facilities as approved in the permits. If (i) any application and/o
negotiations by Licensee for any required certificate, permit, license, easement, approval, polic
of title insurance, or agreement is finally denied, rejected and/or terminated, (ii) any suc
certificate, permit, license, easement, approval or agreement is canceled, or expires, or lapses or i
otherwise withdrawn or terminated, any Hazardous Materials are discovered or otherwis
become located on the Public Rights -of -Way and Municipal Facties, other than as direct resul
of Licensee's activities, or (iv) due to technological changes, Licensee determines that it is n
longer practical to use the Public Rights -of -Way and Municipal Facilities for Licensee's intende
purposes, then Licensee shall have theright to terminate this Agreement, which termination sha.
be effective no sooner thirty (30) days from delivery of written notice from Licensee to Cl
provided Licensee has removed Licensee's Facilities from the Public Rights -of -Way an
Municipal Facilities by that time.
Section 18. As -Built Di4vvines to b6 Pi&vi&d. The Licensee shall provide as-buil
drawmigs, in any format acceptable to the City Engineer, detailing the location of Licensee'
Facilities installed pursuant to this Agreement within sixty (60) days after facilities are installed.
Section 19. Liabili!y Insurance. Licensee shall obtain and maintain adequate
insurance against claims for injuries to persons or damage to property which in any way relate to,
arise out of or are connected to the use of the Public Rights -of -Way and Municipal Facilities by
Licensee or to the construction, operation or repair of Licensee's Facilities by Licensee or
Licensee's agents, representatives, employees or contractors.
a. Licensee shall maintain the types of coverages and minimum limits indicated
below, unless the City Attorney or City Manager approves in writing a lower amount. These
minimum amounts of coverage shall not constitute any limitations or cap on Licensee's
indemnification obligations under this Agreement. The City, its officers, agents and employees
make no representation that the limits of the insurance specified to be carried by Licensee
#-- fk;� A — — + � Pv Tf Ticen _e believes -that any
pursum"At to — Apee—e.nI are adequate to motect Licensee.
required insurance coverage is inadequate, Licensee shall obtain such additional insurance
covera,, le as Licensee deems ade,,wuate, at Licensee's sole exvense. The re,,wuired limits m" be met
by a combination of primary and excess or umbrella insurance.
1. Commercial General Liabilitv Insurance. Two Million Dollars ($2,000,000)
combined single -limit per occurrence for bodily injury, personal injury and property
damage. If the submitted policies contain aggregate limits, the general aggregate shall be
twice the required per occurrence limit.
12
2. Automobile Lbhj* One Million Dollars ($1,000,000) combined single -limit per
accident for bodily injury and property damage.
3. Worker's •'i•
as required by the California Labor Code and Employer's Liability limits of Two Million
Dollars ($2,000,000) per accident for bodily injury.
b. Licensee shall ensure that the policies of insurance required under this Agreement
contain, or are endorsed to contain, the following provisions:
1. Licensee shall obtain occurrence coverage, which shall not be written as claims
made coverage,
2. This insurance shall be in force during the Term of the Agreement and any
extensions thereof and shall provide thirty (30) day's prior written notice of cancellation
mail. Licensee will provide special endorsement for cancellation of policy by Licensee's
insurance carriers.
C. Prior to City's execution of this Agreement and annually upon policy renewal,
Licensee shall furnish certificates of insurance and endorsements to City.
d. Failure to maintain any of these insurance coverages, shall be deemed a material
default for purpose of Section 33.
e. City reserves the right to review at any time, complete copies of any or all required
insurance policies at the Licensee's place of business.
f. With the exception of Automobile Liability and Worker's Compensation coverage,
all insurance companies affording coverage to the Licensee shall be required to add the City of
Downey, its officers, agents, employees and volunteers, as "additional insured" under the
insurance policy(s) required in accordance with this Agreement. Insurance coverage provided to
the City as an additional insured shall be primary insurance and other insurance maintained by
the City, its officers, agents, employees and volunteers shall be excess only and not contributing
with the insurance provided pursuant to this Agreement.
9. All insurance companies affording coverage to the Licensee shall be insurance
organizations authorized by the Insurance Commissioner of the State Department of Insurance to
transact business of insurance in the State of California and shall carry a rating by Best of not less
than "AMI".
h. City may reasonably require the revision of amounts and coverage at any time
during the term of this Agreement by giving Licensee 60 day's prior written notice. City's
13
requirements design. to assure protection r! • against• • extent of
existing on the Public Rights -of -Way and Municipal Facilities and in accordance with changes in
coverages or limits within the industry. Licensee also agrees to obtain any additional insurance
required by City for new improvements, in order to meet the requirements of this Agreement.
Section f i'.. AcgWknt RW6M.Licensee ::.forty-eighti
i hours or as soon
or any serious injury to persons resultingas reasonably practicable after occurrence, report to City any accident causing property damage
from any of Licensee's activities under this
Agreement.
This report shall contain the names and addresses of the parties involved, a statement or' the
information.
a. To the fullest extent permitted by law, Licensee shall m'demnify and defend City,
its officers, agents, employees and volunteers from and against any and all claims and losses,
resulting from `•`• intentional,or otherwise wrongful
errors • : omissions of • • its officers,• iservants,agents,!subcontractors
anyway • to of • • and Municipal Facilities
performance of this Agreement. Such costs and expenses shall include, but are not limited to,
reasonable attorneys' fees incurred regardless of whether resolution proceeds to judgment or not.
Accordingly, the provisions of this indemnity provision ` intended by e .. and •
be interpreted and construed to provide the fullest protection possible to City under the law.
Licensee acknowledges that City would not enter into this Agreement in the absence of
commitment to indemnify and protect City as set rorth
acknowledgesb. Licensee agrees harmless
bear all risks of • or •r` and -• in the Public Rights -of -Way
damagedand on Municipal Facilities pursuant to this Agreement and the City shall not be liable for any
cost or expenses of repair to
s
• .•contractors, subcontractors or volunteers.
Section 22. Revocation of Authorization. If the 'censee ai s to comp wi any o
the material terms ..... • conditions of •s ... and/or any applicable l, the City ,
"Terminarevoke the authorization granted herein, subject to the terms and conditions stated in Section 33,
■ !
! • ■! !.
FdIU111UU5 d11U ` • ` or •,a. . .rr •.
4 10:11gs,VnIuM. Minen, tetween or among paruesreiatmg to
the subject matter of this Agreement, which are not fully expressed herein. Each party has relied
•
•
•
on advice from its own attorneys, and the warranties, representations, and covenants of this
Agreement itself.
The terms and conditions of this Agreement shall bind and inure to the benefit of City and
•
Licensee and, exce3t as otherwise Movided in
executors, administrators, successors, and assigns.
Section 28. Severability. If any part of any provision of this Agreement or any other
agreement, document, or writing given pursuant to or in connection with this Agreement is
finally determined to be invalid or unenforceable under applicable law, that part or provision
shall be ineffective to the extent of such invalidity only, and the remaining terms and condition
shall be interpreted so as to give the greatest effect to them.
Section 29, Taxes. Licensee shall pay, before delinquency, all taxes, assessments, and
fees assessed or levied upon Licensee or the Licensee's Facilities, including, any buildings,
structures, machines, equipment, appliances, or other improvements or property of any nature
whatsoever erected, installed, or maintained by Licensee or levied by reason of the business or
other Licensee activities related to this Agreement, including any licenses or permits. -
a
Licensee shall be responsible for all utilities and any property taxes imposed as a result of
the use of the Property by Licensee. Licensee specifically acknowledges that the grant of this
license may be subject Licensee to certain taxes under California Revenue and Taxation Code
section 107.6 and agrees it is solely responsible for the payment of these taxes.
Section 30. Neither this Agreement nor the permit granted
hereunder is exclusive. The City reserves the right to enter into co -location agreements with
other parties, including but not limited to telecommunications and information services
providers (hereinafter "Carriers") for use of the Public Rights -of -Way or Municipal Facilities,
Section 31 Notices. All notices under this Permit Agreement shall be in writing and,
unless otherwise provided in this Agreement, shall be deemed validly given if sent by certified
mail, return receipt requested, or via recognized overnight courier service, addressed as follows
,for to anW other mailing address which the -,#ar]R,� to be notified ma-�x desi nate -to the other QL�A
by such notice).
Should City or Licensee have a change of address, the other party shall immediately be notified
as provided in this section of such change.
LICENSEE,
Crown Castle NG West LLC
C/O Crown Castle
A.
•
2000 Corporate Drive
Canonsburg, PA 15137-8564
With a copy to;
Crown Castle NG West LLC
clot Crown Castle
2000 Corporate Drive
Canonsburg, PA 1531-7
Attn: SCFS Contracts Management
CITY OF DOWNEY
Attn: City Illi Manager
11111 Brookshire Avenul
Downey, CA 90241
Either party may change its address by notice to the other party as provided heremi.
notices shall be deemed to have been given and received on the first to occur or ki) actual receipt
at the offices of the party to whom the notice is to be sent, as designated above, or (ii) three
working days following the •deposit in the United States Mail •of registered or certified mail,
postage prepaid, return receipt requested, addressed to the offices of the party to whom the
notice is to be sent, as designated above.
Section 32. Termination. This Agreement may be terminated by either party upon
forty five (45) days' prior written notice to the other party upon a default of any material
IN
covenant or term hereof by the other party, which default is not cured within forty five (45) da
of receipt of written notice of default �or, if such default is not curable within forrip five-�I,
(4
if the defaulting party fails to commence such cure within forty five (4 5) days or fails thereal
diligently to prosecute such cure to completion), provided that the grace period for any moneta
t
default shall be ten (10) days from receipt of notice, Should Licensee use the Licensee's Faciliti
for a purpose that requires additional City approvals that have not been obtained, Cj na,,
terminate this Agreement in the manner authorized by this Section. Except as expressly provide
for herein, the rights granted under this Agreement are irrevocable during the term.
Section 33. et Regulations. All Licensee's use of the Public Rights -of -Way and
Municipal Facilities under this Agreement shall be in accordance with the laws of the United
States of America, the State of California and in accordance with all applicable rules and
regulations and ordinances of the City of Downey now in force, or hereinafter prescribed or
promulgated by resolution or ordinance or by State or Federal law.
Section 34. lWit M Aetibhs� By the granting of this Agreement, neither City nor the
Council of the City is obligating itself to any other governmental agent, board, commission, or
agency with regard to any other discretionary action relating to the use of the Public Rights -of -
Way and Municipal Facilities. Discretionary action includes, but is not limited to, permits,
environmental clearances or any other governmental agency approvals, which may be required
for the development and operation of the Licensee's Facilities within the Public Rights -of -Way
?nd Municipal Factf, es.
Section 35. Use of 1he Nbhc� MdA�. Licensee acknowled•ges that the
paramount use of Public Rights -of -Way Property or Municipal Facilities is for the public.
Licensee agrees to coordinate use of the Public Rights -of -Way Property or Municipal Facilities
with City so as not to conflict with City's programs and activities.
Section 36. j!owgrs to Enter into AgtggMq!A� The individuals executing
Agreement reNresent and , I a • ad
�tzA an• h—R-3—t-
1 ca & ci au4ot
—:• —
enter into and to execute this Agreement on behalf of the respective legal entities of the Licensell
and the City.
IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors,
administrators, successors, and assigns do hereby agree to the full performance of the covenants
herein contained and have caused this Agreement to be executed by setting hereunto their
signatures on the day and year respectively written herein below.
M
1HIM41
DATE:
ATTEST:
By:
Maria Alicia Duarte CMC
City Clerk
APPROVED AS TO FORM:
By:
Yvette M. Abich Garcia
City Attorney
By:
Sean Ashton, Mayor
LICENSEE: Crown Castle NG West LLC
DATE: By:
Notary Acknowledgement of Licensee signatures must be attached
Exhibits:
Exhibit A: Equipment Installation Detail
Exhibit B: Node Location Map
Exhibit C: Construction Period Performance Bond
Exhibit D: Continuing Faithful Performance Bond
In
M
Premium: $100-00
truly to be Madc', Msil , r1rinGipal ana
-executors� administrators, succ*s0fsah-"
these presents.
• as a condition of said -
requires Principal to provide a Bond_
for the payment of which sum, well and
rety bind themselves, and their heirs,
assigns, jointly and severally, firmly by
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,
That if Principal shall promptly and faithfully perform said agreement, then this
obligation is void, otherwise to remain in full force and effect.
1 , It shall be a condition precedent to any right of recovery hereunder, that in
event of any default on the part of the Principal, a written statement of the
particular facts of such default shall be forwarded to the Surety, within sixty
(60) days of the occurrence of such default, delivered by registered mail to
Surety at its Home Office in Philadelphia, Pennsylvania.
2. That no action, lawsuit or proceeding shall be had or maintained against the
Surety on this Bond unless the same be filed and properly served upon the
Surety within one year from the effective date of the cancellation of the Bond.
3. That no right of action shall accrue under this Bond to or for the use of a
person or entity other than the Obligee, and its successors and assigns.
4. This Bond shall become effective- November 22, 2017
5. This Bond shall continue in full force and effect until canceled by the Surety
by providing thirty (30) days written notice to the Obligee.
6. The liability of the Surety shall in no event exceed the aggregate penal sum of
the Bond penalty.
7. If any Conflict or t - exists betweenoblig .tion o
undertakings as described in the Bond and as described in the underlying
document, then the terms of Bond prevail.
3=1 I
ri • . •
Crown Castle IAC West LLC
BY: RTXXL
3e
rt ?_
IN WITNESS WHEREOF, The said Surety has signed and sealed this instrument
on • day• • a20 17.
Westchester Fare Insurance Company
,y s Chwthasone, A- t 'rr-
underI Saliv Voqua-rL , a Notary Public in and for the county aforesaid, do
hereby ceftij� that AUWta Gauibbig, who signed the foregoing writing bearing date on
the day of ���e7 2017, for CROWN CASTLE NG
ii�x- oration has this da -W inmp said eb before me. acknowled edthe
said writing to be the act and deed of said corporation.
Given ! f . •j r
My commission e• ►
5a I!/ A r"® j LkOr I I Notary Public
1, Joshua r ee rNotaryPublic•county
aforesaid, .• hereby certify that S#ykham Chanthasone
•, signed the foregoing writing bearing a.te on r c •
r r 1 2017, for'
!NSURANCE COMPANY, a corporation, has this day in my said county, before me,
acknowledged the said writing to be the act and deed of said corporation.
Given under my • l this 22nd day of
"UA S Public
JOSHUA . W ,.
NOTARYPUBLic-173058
COMMISSION EXPIRES DEC,r
13
Power of AttornU
Westchester Fire Insurance Company:
Know all men by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania pursuant ICD the.
following Resolution, adopted by the Board of Directors or[lie -said Company on December l 1,2006, to wit:
I "` r:St3LVp1%OEM fhor4a%krwjh,:nrAtha"st�aisnFrsrrdntn9tXYhcnx�.v4&n9twlvFs:wa�aon�yn:A�atfrototaa^%:c�mpasXpy.ardWs�«9s.a, '�rskt s.rrs;€, aadramn I;eJdutra#:faJraa€„t6P�rwu°ri4l�artaa€rustrt�sG,"gft@�`t r�wnarlri
oni'tedlen)the oddituaycawsr ,(orbuxiaw),(mbP,'AlarlifutJL;vrrxNizieu:nt„},
:( dfi .Each ol4he Chairman, the President and the Vice ]'residents .1'aa, Company is hemby amhnrized to "'elan, tiny WnnedCnmmitmenl for and on behalf of"the Company, under the sealof the Company nr
j ofherwisc '
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sl�hraak6XFricn#si�up�3acdihy#It'�acsntFat`ganrwrsp;cdu7ylu��r{raeuohl tsy,�r��al��%&pin+inirnvntus�sa�hs�ur�n4yi6a�tt�t. �
tial + Rah all the clooh-man. ON, Imre" nt tion ilii° Vko IIIcmdttndr of dose Ontpadty t+ dtomby aanob aatucdh Inranad can te-hNsll of the Cvmaony, to uttpoano in .w+il'uaw only Nrsoft dhte tot I* C"a nderiddy`with ”
i Iali power and authbdty u) execlife. iino and nn behalf of the Compriny. under the seal dot lIn, .Cnahtomy of F [0cw%aa, .aa ch iridium Curt""it"Watt nt aatr;Company as rimy law Rf#w ifico inAaclt Wralwn
appoinunent, which speuirical inn may be by genera] type or class of Wi titan Co mrnitincnls or by specification at Ono ur mala pwiml It, Written Cnmm,tmentr
tai :: n.A 1h tit alar cha3mons the Iaaasideal Asia vbvt; 4'dasalenus of the ColtF,enby a# hur4"hy iX9tltarrriacai, frir Adtl on as aeitgato it, weitdns shy who ofla tx, "Oka: i` oamparty tlde �tfihcet6tY�fst
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tot inie ormorL Inkniudur Wr7own d,urtflihrntahs,
i {sy Tbr- lgalankre or tiny t4fir fi.r +tie oftr tornon exe tatong Orly V°rtriso f ouffailment Or tial#pndadarend of 4w1a f flan poisnatop ho It+is ks'tuFflaJulap; nnat tau; EaW at tlm C'havgtlny, draft See Ar l#wd by taeliank an soch'
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d
Drees hereby Inanimate, con titnteattd appoint Anmee 1'exsantliaao, Aimlllit�n Peters, Cao sl llxxa�n Iialhcrar f�dartiolle'li Itahtrsol , lytrnna kiR'�ian tai, Joshua: `
I Sanford, Keri Ann Smith; Michelle Anne McMahon, Noah William Pierce, Saykham Chanthasone, Stacy Rivera and Stephani A Trudeau, all of the City of
HARTFORD, Connecticut, each individually if there be more than one named, its true and lawful attorneyAn-Fact, to make, execute, seal and deliver on its behalf, and
,Is its acct and dead any and all Wads, undertakings, rC 4lini awes, contract-, and other wrilings in titre nature ahesotlt nn penalties not excle dhag'i`s my via Milli
Bond Number: K13545807
Premium: $133.00
KNOW ALL BY THESE PRESENTS, That we Crown Castle NG West LLC
, as Principal, hereinafter called Principal, and Westchester Fire Insurance
Company-, a Pennsylvania corporation, as Surety, hereinafter called Surety,
are held and firmly bound unto_ City oLDowney, as
Obligee, hereinafter called Obligee, in the amount of Twenty Thousand and 00/100
Dollars ($20,000.00 ) for the payment of which sum, well and truly to be made, the
said Principal and Surety bind themselves, and their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS� as a condition of said ,���requires Principal to provide a Bon,8
NOORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH
That if Principal shall promptly and faithfully per -form said agreement, then this
obligation is void, otherwise to remain in full force and effect.
1. 1t shall be a condition precedent to any right of recovery hereunder, that in
event of any default on the part of the Principal, a written statement of the
particular facts of such default shall be forwarded to the Surety, within sixty
(60) days of the occurrence of such default, delivered by registered mail to
Surety at its Home Office in Philadelphia, Pennsylvania.
2. That no action, lawsuit or proceeding shall be had or maintained against the
Surety on this Bond unless the same be filed and properly served upon the
Surety within one year from the effective date of the cancellation of the Bond,
3. That no right of action shall accrue under this Bond to or for the use of a
person or entity other than the Obligee, and its successors and assigns.
4. This Bond shall become effective Februa5, 2018
5. This Bond shall continue in full force and effect until canceled by the Surety
by providing thirty (30) days written notice to the Obligee.
6. The liability of the Surety shall in no event exceed the aggregate penal sum of
the Bond penalty.
7. If any conflict or inconsistency exists between the Surety's obligation or
undertakings as described in the Bond and as described in the underlying
document, then the terms of the Bond shall prevail.
IMM
IN WITNESS WHEREOF, The said Principal has signe and sealed this
b
instrument on this_ day of 20
Name/Title
IN WITNESS WHEREOF, The said Surety has signed and sealed this instrument
on this 5th day of Februa!y 2018 .
Westchester Fire Insurance CompAny
B
. ..... -- -----
I -Y
Donna M Planeta , torn ey4n-Facl
a Notary Public in and for the county aforesaid, do hereby
certify that Mqgira Gambino who signed the foregoing writing bearing date
on the day of 12018, for Crown Castle NG West LLC ' a
limited liability company, has this day in my said county, before me, acknowledged the
said writing to be the act and deed of said limited liability company.
Given under my hand this day of — - �5 2018
My commission ►
Notary Public
STATE OF Connecticut
COUNTY OF Hartford, TO WIT:
1, simhaniA. T�u&au, a Notary u lie in an or t e county aforesaid, do hereby
certify that �06qua M Plageta ' who signed the
h o
foregoing writing bearing date on the
5tday f - February 2018, for WESTCHESTER F1
INSURANCE COMPANY, a corporation, has this day in my said county, before me,
acknowledged the said writing to be the act and deed of said corporation. I
M-TIUMMe— . #
saw -WOR
STEPHANI A. TRUDEAU
NOTARYPUBLIC-174116
W COMMISSION EXPIRES MAY 31, 2022
Mct4an! A. Trudeau, Naaij��Iic
Wi I I isTowers Watson hl"I"Iml
Telephone: 865-5V-3714
Website: wvm, wiDiswwerswalsonmrn
E-mail: auturnn con
Crown Castle International
Attn: Jessica Chiniewicz
1500 Corporate Drive
Canonsburg, PA 15317
RE: Bond Number. K13545807
Obligee: City of Downey
Description: Per Section 7 of the Telecommunication Network Infrastructure License and
Encroachment Agreement
Attached is the completed document per your request, This was issued based upon the information you
provided to our office and we urge you to check all of the information for accuracy (i.e. Power of Attorney,
signatures, dates, amounts, description, etc.).
Please verify that the form attached is the form required and complete the execution with the proper
signature(s) and sea].
If a premium is charged, our invoice will follow under a separate cover. Please note the
premium payment for this bond is due upon receipt.
Thank you for the opportunity to service your surety needs. Should you have any questions, please do not
hesitate to contact any member of your Willis Towers Watson Surety Team.
Sincerely,
Autumn Schneider
I [is of Tennessee, Inc.