HomeMy WebLinkAbout15. Adopt Ord Approving Licensing & Encroachment Agrmt w-Crown Castlefim
HONORABLE MAYOR• R OFTHtC0 COUNtIL
*FFICE OF
:Y: MOHAMMAD MOSTAHKAMI,DIRECTOR OF :WORKS
That the City Council:
ADOPT ORDINANCE OF • OF OF DOWNEY
APPROVINGl ENCROACHMENT AGREEMENT WITH CROWN
CASTLE NG WEST, LLC; •
2) Authorize the Mayor to execute the Licensing and Encroachment Agreement with Crown
Castle NG West, LLC 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.
On February 13, 2018, the City Council introduced the attached ordinance approving the licensing
and encroachment agreement with Crown Castle West NG, LLC.
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
1
CROWN CASTLE LICENSE AND ENCROACHMENT AGREEMENT
FEBRUARY 27, 2018
Verizon Wireless as well as other large aggregators and businesseswith large telecommunication
needs.
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") desires to renew the licensing and encroachment
agreement (see attached) with the city for another 10 years. 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 has provided the required performance bond (see -attached) covering any
defects pertaining to the construction and/or installation of the nodes on city -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.
Through the proposed licensing agreement, the city will receive annual revenue in the amount of
$1,000 per installed antenna as an annual infrastructure use fee, resulting in a total amount of
approximately $20,000 per year subject to an annual adjustment in accordance with the Consumer
Price Index.
Attachments:
• Attachment A — Letter received from Crown Castle
• Attachment B — Ordinance
• Licensing and Encroachment Agreement
Exhibit A — Equipment Installation Detail
Exhibit — Node Location Map
Exhibit C —Construction Performance Bond
- Exhibit D — Faithful Performance Bond
2
CITY OF DOWNEY
Downey, CA 90241
Attn: City Manager
a Mxrwx��
Pursuant to Section of the above -referenced agreement between Crown Castle and the City of Downey, dated and
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.
In addition, please note that NextG Networks of California, Inc. has changed its name to "Crown Castle NG West
LLC" and please update the notice information in Section 32 for Crown Castle as follows:
Crown Castle NG West LLC
c/o Crown Castle
2000 Corporate Drive
Canonsburg, PA 15317-8564
(724) 416-2000
The Foundation for a Wireless World.
CrownCastle.com Attachment "A"
mmam='
Crown Castle NG West LLC
c/o Crown Castle
2000 Corporate Drive
Canonsburg, PA 15317-8564
Attn: Small Cell Contracts Administration
(724) 416-2000
Ellie Hornick, Manager Contract Execution-SCFS
Crown Castle 12000 Corporate Drive I Canonsburg, PA 15317
(724) 416-9647 11-1
The Foundation tor alfireless Iforld.
CrownCastle.com
i ' T
Arl ORDIIIAr VGG111CILOF •,i ri i'
LICENSING AND ENCROACHMENT AGREEMENT WITH CROWN
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 it 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 fora
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 DOWNEY 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.
Attachment T"
*RDINANCE NO.
PAGE 2
APPROVED AND ADOPTED this 27th day of February, 2018.
SEAN ASHTON, Mayor
ATTEST.'
MARIA ALICIA DUARTE, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) ss:
CITY OF DOWNEY )
I 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 1 two day of February 2018,
and adopted at a regular meeting of the City Council of the City of Downey held on the 27(n 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 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
This License and Encroac ment Agreement "Agreement") is entered into as of this 13th
day of February 2018, 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
Delaware 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
promoting collocation with aesthetic pleasing designs; and
WHEREAS, Licensee does not own or manage Federal Communications Commission
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 Commission, a telecommunications Network or Networks (as defined below)
serving Licensee's established wireless carrier customers and utilizing microcellular optical
repeater equipment (referred to herein as "Licensee's Facilities" or "Nodes") certified 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 Agreement with the City to
encroac upon an occupy unicipa aci ities in portions o e pu ic rig t o 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's
use and occupation of certain Municipal Facilities and certain public improvements in the public
right of way upon the terms, conditions and other considerations set forth herein.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and 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
provisions of this Agreement:
M•�
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 governmental body
(excluding utility users' tax, franchise fees, communications tax, or similar tax or fee).
Installation Date. "Installation Date" shall mean the date that the first Licensee Facility is
installed by 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 parties to this Agreement.
Licensee's Facilities. "Licensee's Facilities" or "Nodew " means the optical repeaters, Dense
Wavelength Division and Coarse Wavelength Division multiplexers, antennae, fiber optic cables,
wires, and related equipment, whether referred to singly 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 Exhibit A or as the parties shall agree is not
4 R
substantially similar thereto must receive written City approval before it may be used on any
Municipal Facility or placed on or in the Public Rights -of -Way.
Municipal Facilities. "Municipal Facilities" means City -owned Streetlight Poles, lighting
fixtures, electroliers, or comparable 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.
PUC. "PUC" means the California Public Utilities Commission.
Services. "Services" means the services provided through the Network by Licensee to its
wireless carrier customers.
Streetfight 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. AitthokizAion. Subject to the terms and conditions contained herein, City
hereby authorizes Licensee to encroach upon and occupy certain Municipal Facilities in a portion
of the Public Rights -of- Way for the limited purpose of constructing, installing, operating and
maintaining Licensee's Facilities to provide Services.
a. Licensee shall have the right to draw compatible electricity for the operation
Licensee's Facilities from the non -metered power source associated with
Municipal Facility where the City does not allow a meter so long as i) Licensee
Facilities are installed to all applicable codes and standards, ii) do not interfere in
operation of the host Municipal Facility, and/or iii) do •not damag
te the host Munici
Facility. City makes no guarantees or representations as to the suitability
compatibility of any source or supply of electrical current necessary to opera
Licensee's Facili■I
91
b. Licensee shall be solely responsible for all costs and expenses associated with
obtaining f maintaining a suitableand compatible electrical supplyto
power and operate Licensee's Facilities. Licensee shall also be solely responsible for
all costs, expenses and payments of any and all r charges
usageapplicable utility company based upon
electricity and r
shall under no circumstances be responsible for• •' contributing or fr
ying
any costs to any utility company or Licensee for the costs and expenses associated
with any modification of or any use of electricity under this Agreement. Licensee
Facilities shall not draw compatible electricity from Municipal Facility until such time
as Licensee has secured all required electrical approvals and the electricity
charging/ paymentagreement with the electrical utility company : • r
obtainingc. In addition to authorization to attach to Municipal Facilities, subject to the
written permission of i of .'• property and an encroachment
acknowledgespermit from the City, the City hereby
section 7901 of the California Public Utility Code, to enter upon the Public
Rights-of-
Way
to attach, install, operate, •relocate,•d
replace Licensee�s Facilities in or on poles or other structures owned by public utility
companies or other third -party property owners located within the Public Way as
may be permitted by the public utility company or property owner, as the case may
be. Yrequest, to the City documentation of
permission from the individual utility or property owner responsible.
�il. 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 uponquantity,shape, • •;s ` •'configuration, or other physical
properties of .. ■; •Licensee'sFacilitiesequipment
designproposed for such application substantially conforms to one of the
configurations
designParties disagree as to whether the proposed Licensee's Facilities equipment or Node
substantially conforms to one of the configurations
forth in Exhibit A, the parties shall meet in
•
ood faith in an effort to resolve this
dispute with the City
Engineer.
commencementSection 3. Term. The •. ("Commencement r #`
followingday of the month
the Effective
This
agreement
optionten (10) years, renewable upon written consent of both Parties. In addition, Licensee shall have
an additional period rupon written
notice to City and approvalCouncil.
Section on agrees to
Permit Licensee to Place approximately 20 telecommunications Nodes on the City's Municipal
Facilities, the placement of be processed • Date of Agreement by
2
Nothing contained in this Agreement shall be deeme or construe to create e
relationship of principal and agent or of partnership or of joint -venture or of any association
whatsoever between City and Licensee, it being expressly understood and agreed that neither the
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.
61
Licensee hereby
acknowledges, agrees Agreement
the occupation of the
Right
Exhibit A and does not authorize or bestow any interest in real property including any fee,
leaseholdinterestor
a. Limitations on • • in this Agreement is intended to create an
interest or estate of any kind or extent in the property or premises. Licensee further
acknowledges .:; • .gree that this Agreementdoes not. landlord -tenant rel. •' • .: •
Licensee is not entitled to avail itself of any rights afforded to tenants under the laws of the State
ofCalifornia.
rf46lifies.any situation
where Licensee
as • • e
of attaching its Equipmentto either Municipalor • •I • 'r property
Public I Licensee
et :Y • • - • •o • r the
City y •ht • r v • the City
i. i attach •..
Municipal provided s. •suitable
functionally for the operation of the Network and (ii) the fee and installation costs associated
with such attachment over :: ofthe term areequal to or •..
Licensee ofattaching tothird-party-owned property. City agrees ••. let
i) days whether or not City wishes to exercise its first
rightLicensee know within thirty
underrefusal
Paragraph.
C. No 3MAgapty. City makes no warranty or '• r• premises
undersuitable for Licensee's use. Licensee has inspected the premises and accepts the same "AS IS".
City is t obligation to perform any workor provide I Y to prepare e Premises
for Licensee.
Section 6. Compensation._
Licensee shallcompensate• r use • ity
infrastructure a fee of One -Thousand r•ilars ($1,000.00) per ••- per "Infrastructure
Use Fee") for each Streetlight Y
used by
booksAny annual fees shall be pro -rated for the calendar year. Licensee shall keep accurate
of account at its principal office or other locationof •• • for the purpose of
determining
the amounts due to the City hereunder. The City may inspect Licensee's books of
account,Licensee'splace of business, of all relevantbooks and records,• the City Y
any time during regular business hours on thirty (30) days' prior written notice and may audit
the books fromtime • time at the City's sole expense,but only • the extent
necessary to confirm the accuracy of payments due under this Agreement.
City discoverspayments are in error• greater than five •` •g
all actual and reasonable costs, including travel related to the audit shall be borne and
reimbursed by Licensee. No acceptance of any payment to the City shall be construed as a release
or as an accord and satisfaction of any claim the City may have for further or additional sums
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C6htiivWbAFAitWl N�rtnanee Boiids� Following the completion of the constructioni
accordance with this Agreement and until such time as Crown Castle has liquidated all of its
obligations with the City, Crown Castle shall file with the Clerk of the City and maintami
throughout the Term of this Agreement a faithful performance bond running to the City (the
IF 11 11,2 1. 1 thousand dollars ($1,000.00) per Node installation. Where use of electrical service pedestals is
required to power any Node installation, Crown Castle shall also file with the Clerk a separate
performance bond in the amount of one thousand dollars ($1,000.00) per electrical service
pedestal installed within City right of way. The performance bond is conditioned upon the
of
the further condition that, in the event Crown Castle shall fail to corn y,];� with anW law., ordinance,
rule, or regulation governing this Agreement, there shall be recoverable jointly and severally
from the principal and surety of the bond any damage or loss suffered by the City as a result,
including the full amount of any compensation, indemnification, or cost of removal or
abandonment of property of Crown Castle, plus costs and reasonable attorney's fees up to the
full amount of the bond.
City's receipt of the original Exempted Transfer Notice. If the City fails to act upon Licensee's
Exempted Transfer Notice within the Exempted Transfer Evaluation Period (as the same may be
extended in accordance with the foregoing provisions), such failure shall be deemed an
affirmation by the City that Licensee has in fact established compliance with the Exempted
Transfer Criteria to the City's satisfaction.
The parties agree and acknowledge that, notwithstanding any ing 'in is greement to e
contrary, certain Equipment deployed by Licensee in the Rights-of-Way pursuant to this
Agreement may be owned and/or operated by Licensee's third-party wireless carrier customers
("Carriers") and installed and maintained by Licensee pursuant to license agreements between
Licensee and such Carriers. Such Equipment shall be treated as Licensee's Equipment for all
purposes under this Agreement provided that (i) Licensee remains responsible and liable for all
performance obligations under the Agreement with respect to such Equipment; (ii) Licensor's
sole point of contact regarding-such- Equipment shall be Licensee, and (iii) Licensee shall have the
right to remove and relocate the Equipment.
Section 9. *$� �f14 of . The Licensee, on the Licensee's
own behalf and on behalf of any successor or assign, hereby acknowledges and assumes all
resrconsibili financial or otherwise, for the (cermitted use of the Public Ri
and City Municipal Facilities and the planning, design, installation, construction, maintenance,
repair, operation and removal of the Licensee's Facilities. Removal of Licensee's Facilities during
a true emerggncy, as defined in Section 10 below. shall be undertaken without risk #,,r I&_hdIi!k-j&mNN
the part of the City. All of Licensee's constructions, installation, removal, repair and maintenance
work shall be performed at Licensee's sole cost and expense in accordance with applicable law,
using generally accepted construction standards.
Licensee shall ensure that Licensee's Facilities are maintaied in a clean and safe
condition in good repair and free of any defects. Licensee shall employ reasonable care at all
times in installing and maintaining Licensee's Facilities and shall install and maintain in use
commonly accepted methods and/or devices to reduce the likelihood of damage, injury or
nuisance to the public. The construction, operation, and maintenance of Licensee's Facilities shall
be performed by experienced and properly trained, and if required, licensed maintenance and
construction Personnel.
Section 10. Licensee shall, at its sole expense, protect, support,
temporarily disconnect, relocate, modify or remove all or any portion of Licensee's Facilities at
the time and in the manner required by the City for any governmental purpose. Except in an
emergency, the City shall give written notice pursuant to Section 32 describing where the work is
to be performed at least thirty (30) days before the date the work is to be performed. Should the
other action, Licensee shall take the measures required under this Section 10 within seventy-two
(72) hours of receiving notice from the City. Licensee shall remove all Licensee's Facilities upon
the expiration of the Term of this Agreement or any extension thereto and shall, at its own
expense, restore to City's satisfaction any affected Municipal Facilities and Public Rights-of-Way.
In removing Licensee's Facilities, Licensee shall refill, at its own expense, any excavation that
9
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•
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-VI V; PT VT I I I
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
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: (a) if
required for the construction, completion, repair, relocation, or maintenance of a City project; (b)
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 foregQjn3n?—rQvision, Cij�j. shall be entitled to relocate the Node eguiyzment at
Licensee's sole cost and expense, without further notice to Licensee. To the extent the City has
irs
actual knowledge ' i promptly ti inform Licensee of displacement
or removal of any Streetlight Pole or other Municipal Facility on which any Node equipment is
located.
Section' to Bear 1 or • or i ' r.
assign, shall bear all costs incurred in connection with the planning, design, installation,
construction, ;a ♦. int. . ;• f• • disconnection, relocation ani" removal
of be responsible and shall bear the full costof
movement, damage, destruction or repair to City's Municipal Facilities and/or Public Rights -of
existingWay approximate to Licensee's Facilities. The Licensee shall be responsible and shall bear all cost
of any movement to, damage to or repair of Licensee's Facilities due to repair, maintenance
and/or failure/ collapse of any r
upgradeas, water and sewer lines or any other improvements orworks approximate to Licensee's Facilities. Licensee agrees to bear this cost where such damage
is directly or indirectly attributable to the installation, operation, maintenance, repair or
damagework on the Licensee's Facilities, unless the negligence
agentsmisconduct of the City, its officers,
charges to the applicable utility company based upon the Licensee Facilities usage of electricity
d• applicable
Section 15. t of
project, Licensee
under -grounding
:♦ • iii` i • r •, 1 • ■ •
a'
togetherSection 16. Licensee to Submit Acftf;iW� Aans. Prior to construction and
installation of Licensee's Facilities on Municipal Facilities, Licensee shall, at its sole cost and
expense, prepare and submit,
plans and specifications required by the City Engineer,
showing` planned construction,and the locationand number,and any other details
regarding the placement of appurtenant above -ground equipment to be located in the Public
Rights -of -Way a • on •.Facilitiesor existing • r.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 • : aesthetics resultingfrom above -ground improvements •.j
Facilities.The City Engineer shall r • •• • `t • ■• •
Facilities• f. • avoid conflict with public safety as well as other permitted
rightuses 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 Engineer. The
City reserves the
Licensee shall pay . plan r and other related .. prior •,the issuance of
any permit for the installation and construction of Licensee's Facilities. All work within the
Public
hts-of-Wav and Municipal Facilities or
third -party infrastructure shall be
a existing
performed in strict compliance with plans and permits approved by the City Engineer.
M
Section 17. Lkgaso to SOct" AOOOVitt And VOttLlg� In addition to obtaining and
maintaining the r_ce•rs(vands and
Rights -of -Way and Municipal Facilities and any third -party infrastructure for the purposes
contemplated by this Agreement is dependent upon Licensee obtaining and maintaining all of
the certificates, permits and other approvals which may be required from other federal, state or
local authorities, and any easements which are required from any third parties. City shall
cooperate with Licensee in its efforts to obtain such approvals and/or easements, as may be
required for Licensee's Facilities as approved in the permits. If (i) any application and/or
negotiations by Licensee for any required certificate, permit, license, easement, approval, policy
of title insurance, or agreement is finally denied, rejected and/or terminated, (ii) any such
certificate, permit, license, easement, approval or agreement is canceled, or expires, or lapses or is
otherwise withdrawn or terminated, (iii) any Hazardous Materials are discovered or otherwise
become located on the Public Rights -of -Way and Municipal Facilities, other than as direct result
of Licensee's activities, or (iv) due totechnological changes, Licensee determines that it is no
longer practical to use the Public Rights -of -Way and Municipal Facilities for Licensee's intended
purposes, then Licensee shall have the right to terminate this Agreement, which termination shall
be effective no sooner thirty (30) days from delivery of written notice from Licensee to City
provided Licensee has removed Licensee's Facilities from the Public Rights -of -Way and
Municipal Facilities by that time.
Section 18. As -Built Dt�Wines to' b�& Pidvi&d. The Licensee shall provide as -built
drawigs, in any format acceptable to the City Engineer, detailing the location of Licensee's
Facilities installed pursuant to this Agreement within sixty (60) days after facilities are installed.
Section -19. Wliij4 4f�ukanitO. Licensee shall obtain and maintain adequate
insurance a for ir�uries to (tersons o e to erk-i which i
r-�V
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 emplovees
make no representation that the limits of the insurance speed to be carried by Licensee
pursuant to this A•greement are adequate •to •protect Licensee. If Licensee believes that any
required insurance coverage is inadequate, Licensee shall obtain such additional insurance
coveragg. as Licensee deems adevuate, at Licensee's sole exvense, The re,,w -ire limits ma-,, be met
by a combination of primary and excess or umbrella insurance.
1. Commercial General 11alift rance� 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
One r• ($1,000 ,000) . • `.single-limit•accident for bodily injury and property .
damage.
3. Workers •Worker's
as required by the California Labor Code and Employer's Liability limits of Two Millio
ri ($2,000,000) -bodily injury.
r Licensee shall ensure that the policies of • -i under this Agreement
contain, Or - endorsed
following provisions:
1. Licensee shall obtain occurrence coverage, which shall not be written as claims
made coverage.
2. This insurance shall be in forceduringof Agreement • any
extensionsr -• • •- r •. prior written noticeof - •
by the insurer for any reason other than non-payment of premium to City sent by certified
mail. Licensee will provide special endorsement for cancellation of policy by Licensee's
C. Prior to City's execution of this Agreement and annually upopolicy 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.
righte� City reserves the
fnsurance
policies , the Licensee's
ar •r• • r
coverage,f. With the exception of Automobile Liability and Worker's Compensation
affordingall insurance companies
coverage to the Licensee shall be required to add the City of
agents,Downey, its officers,
insurance policy(s) required in accordance with this
Agreement.
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.
g. All insurance companies • f gcoveragetothe Licensee shallbe 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 bv Bes of not lessr
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 shall be designed to assure protection from and against the kind and extent of risk
existing on the Public Rights -of -Way and Municipal Facilities and in accordance with changes in
coverages or • also agrees to obtain any additional
Agreement.required by City for new improvements, in order to meet the requirements of this
forty-eightSection 20. Acci&hfltepOrts. Licensee shall, within
as reasonably practicable after occurrence, report to City any accident causing property damage
or any seriousto persons resultin• from any of • `
Agreement.
This report shall • f. addresses i of parties involved, a statement of
witnessescircumstances, the date and hour, the names and addresses of any
information.
Section 21. ude ` is ii xx !C t .
agents,a. To the fullest extent permitted by aw, Licensee s al indemnify and defend City,
its officers, agents, employees and volunteers from and against any and all claims and losses,
resulting from any acts or alleged intentional, reckless, negligent, or otherwise wrongful acts,
errors or omissions of Licensee, its officers, employees, servants,
anyway related to Licensee's use of the Public
Rights -of -Way
performance of this Agreement. Such costs and expenses shall include, but are not limited to,
reasonable attorneys''• regardless•'.whether resolutionproceedsto judgmentor •.:
Accordin I - . the Mrovisions of this indernni.-- trovision are intended bkAr the Licensee and Cif" to
be interpr ted and construed to provide th fullest protection possible to City under the law.
Licensee acknowledges # f not o this Agreement in theabsence of
Licensee's commitment to indemnify and protect City as set forth herein.
b. Licensee acknowledges and agrees that Licensee shall hold City harmless and
bear all risks of loss or damage of its Node(s) and materials installed in the Public Rights -of -Way
i on 'rl Facilities pursuant tothisi• • the City shall not•for any
revoke the authorization grantedcost or expenses of repair to damaged Node(s) caused by the City's removal of the Node(s) in a
true emergency under the terms of Section 10 above, except to the extent that such loss or damage
was caused by the willful misconduct or negligence of the City, its officials, agents, employees,
contractors, subcontractors or volunteers.
Section 22. Revocation of Authorization. If the Licensee fails to comply with any of
the material terms and conditions of this Agreement and/or any applicable law, the City may
"Termination".
the Public Rights -of -Way and Municipal Facilities, and shall not apply to, nor establish any
m
•
s
i t • #`
•
•
s r
law- law
on advice fromown attorneys,and the warranties, representations,and covenants of
Agreement
The terms and conditions of this Agreement
Agreement,Licensee and, except as otherwise provided in this
executors, administrators, successors, and assigns.
Section 28. ��erability. If any part of any provision of this
Agreement
shallagreement, 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
• •ineffective to theextentofsuch invalidityonly,andthe remainingtermsandcondition
shall beinterpreted so.. f give ` greatest to
Section • , Taxes. Licensee shall pay,•. • delinquency., taxes, assessments,r
buildings,fees assessed or levied upon Licensee or the Licensee's Facilities, including, any
structures, machines, equipment, appliances,or other improvementsor property of
whatsoevererected, -• or -• by ,.. or -f by • of - busiess
other Licensee activities related to this Agreement, including any licenses or permits.
im
Licensee shall be responsible for all utilities and any property taxes imposed as a result of
the use of - Property by -nsee. Licensee specifically acknowledgesof
license may be rject Licensee to certain taxes under Californiai.Taxation• r
section 107.6 and agrees it is solely responsible for the payment of these taxes,
Section 1. Neither..t r, the permitgranted
agreementshereunder is exclusive. The City reserves the right to enter into co location
other parties, including but not limited to telecommunications and information services
providers (hereinafter "Carriers") for use of the Public Rights -of -Way
Section All notices under this Permitshallbe r • and,
unless otherwise provided .. .shallbe deemed validlygiven if sent by certified
mail,.receipte ., i or . recognized overnight courierservice, addressed .follows
(or to any other mailing address which the party to be notified may designate # the i..er party
by •
ShouldCityor . .. have a change of address, the other party
as provided • of
Crown
• Crown
Attn.•; r
111 Corporate!
Canonsburg, ' 15137-8564
Crown Castle NG West LLC
%/ Crown Castle
2000 Corporate Drive
Canonsburg, PA 15317
Attn: SCFS Contracts Management
CITY OF DOWNEY
Attn: .,•-
11111 ••
Downey, t 90241
changeEither party may
noticesdeemed to have been ireceived on • occur of receipt
at the offices of party to whom the noticeto be sent, as designated ,r• or
working days following the deposit in the United States Mail of ..• -r or - `•
noticepostage prepaid, return receipt requested, addressed to the offices of the party to whom the
• besent, asdesignated above.
Section 32. Termaymination. This Agreementbe terminated r . Partyr•..
•
• `t days' prior written noticeto the other party i i.::. default of
L
covenantor • by - other party,default is not`• within forty•.
ys
of •• • - • •- • •- • curable • •,
if the defaulting party fails to commence such cure within fortydays or
• g- • r • • • r - • r • •-• - •:- •• for •
default shall be ten (10) days from receipt of notice. Should Licensee use the Licensee's Facilities
for purpose •• additional approvals that have notbeen obtained,
terminate tl-ds Agreement • •• by •Except• provided
for herein, the
rights granted
under this
Agreement irrevocable during the term.
Section _ . useof ...Rights-of-Wayand
Municipalr•s under this Agreement shall be in accordanceof -cc
States of America, the State of California and in accordance with all applicable rules and
regulations and ordinances of of Downey •w in force, or , prescribed •
promulgated • • : .• or ordinance • by - Or Federal
• i. .. granting of Agreement, •
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 #'overnmental agency
•o:. development • operation •Public• •
•Municipal
Section 35.
Licensee
acknowledges
:.• • .... ...
f
paramount use of Public•f-Way Property or MunicipalFacilities • the r •
Licensee agrees to coordinate use of the Public Rights -of -Way Property or Municipal Facilities
with City • as not•: programs and activities.
executingSection 36. Powers to Enter into Agreement. The *individuals this
Agreement represent and warrant that they have the right, power, legal capacity and authority to
enter into and to execute this Agreement on behalf of the respective legal entities of the Licensee
Y e
IN WITNESS WHEREOF the parties hereto for
hereinadministrators, successors, and assigns do hereby agree to the full performance of the covenants
contained Y • have caused this Agreement• be executed by . • their
signatures
[Signatures on Next Page]
W
NVOWIMOV
By: �-
ariAliciaDuarte C
City Clerk
a
Wiff .70
Attorney
LICENSEE:
By:
DATE:
Equipment installation Detail
Node Location Map
Construction Period Performance Bond
Continuing Faithful Performance Bond
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I
Bond Number: K13505196
Premium: $100.00
KNOW ALL BY THESE PRESENTS, That we Crown Castle NG West LLC
—, as Principal, hereinafter called Principal, and Westchester Fire Insurance
, a P
Comp , any , nnsvlvania corporation, as Surety, hereinafter called Surety,
-- P
are held and firmly bound unto
, as Obligee, hereinafter called Obligee, in the amount of
Two Thousand Five Hundred and 00/100 ,
Dollars 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 License and Encroachment A
Areement
requires Principal to provide a Bond _to Locate,i'lace Attach Install- O state
Control, and Maintain License hin I
Public 'i hts-of-Way
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.
PROVIDED, HOWEVER, That:
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.
TIf 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 • the Bond shall •
Crown Castle NG West LLC
BY:
NarnelTff�e -
IN WITNESS WHEREOF, The said Surety has signed and sealed this instrument
onthis22nd • November
20 17.
st6h6sbbr Fire Insurance G&hpanv
writingI Sayy D1'o3uqLr 4 �- a Notary Public in and for the county aforesaid, do
hereby cehify tha��ujta: Gqpj�� who signed the foregoing
bearing date on
the I 41+h I'll Aiiv�of ffovember" - — 2017, for CROWN CASTLE NG
WEST LLC, 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 hand this -19 4-11 day of IV400441�3 2017
,1/ r o q u0.r '` ' Notary Public
M
Notary Public in and for the count
aforesaid, do hereby certify that
who signed the foregoingwriting bearing date on the 22nd dav of
November 2017, for WESTCHESTER FIRE
INSURANCE COMPANY, a corporation, has this day in my said county, before m
acknowledged the said writing to be the act and deed of said corporation.
Given under my hand this 22nd . day of 'November
My commission expires: . 12/3,1/2021
S
JOSHUA�SANFORD
NOTARYPUBLIC-173058
MY COMMISSION EXPIRES DEC, 31,2021
I
f! m
Power V
Westchester Fire Insurance Company
Know all men by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania pursuant to the
following Resolution, adopted by the Board of Directors of the said Company on December 11, 2006, to wit:
t
1 "R SOLVVIJ, epitaphs: fogyfowfo} rut fpnsr6 rx rKY lu alta illi e Avibiioa, bir and on 0611fordw, i"ohyasny. ur io ads. nndedpkkt s n aog311asm A. urantravis told (uhno wnnun isbarxp#gpiena i 1hl.0 laxapaay °
j snafa BOKaaxas deiauly ctsaeredhuxkirec�te•uo:h n "rart�rt"irrnmirmcna°°Y; v'
i t ] tine:ri ret rh>e; Chiatranm..n stax farts rtnr And t w exevar(c p ip W rilicar t'6ininattachl for tAd on Wall rat (fist Comtnrdy ui6ak.r the seal ur,dad Caratrany of ,
a2; t met duly aliponnaml untrrrh y*lr *Ise( 9t Y}A n n( iFd} o ilwirw aula7riseal Su to; kL n a 4TR{C n i 65 i?It 7 rr4 ir5 dKi%t $ilk f Ulta i(nl ihr° Company tiitvlr ll3 iC11 {}I 11�" � i n4 A V t4k 5�ibg wY5 » It k #1( Y4 [f R
xxich a4.rilcul Yo molnrrlwA h} dw (phis@ o(gnxir cfA furvsl+ta zt tn+' in such pa'9"6v5r6a vidhtrrpa appnrbiitavtraat QrA Aua'h �tttOYpyv-tnrydce8 .: °
' tit t{;i;td of theL'hnirntan, the Pr ahlent and the Vice Presidows oa the tntnpxny r.S F✓eflit7y i[EltaHir$id.11, fnr aurrV s30b a (kali riflhis t:d,FFatFdiay.lbs tip(uRlaW in wri6tut any mason trR' it16pF7kr7-aeivp ^t rel al&.. tva pdr 'tvkita
lull power and awhority urcxeeute.. fm'slid no behalf ol'the d_`irarxttnag; trrwfcr thesmear ed 4lw. Cntnditl ty of odcl visc such 5k°tiRl ra'C.'apea6retdcstiw+e6tx 6irlhucompany xis may bt' specified in such wrinen
appointment, which spetl£!tn(ion maybe h7 genc+xl tye nrilurx uVrt(us Grrnatlntnrwa p,taludnr Wrdlcn Cnmmdmcnts.
sdl Each ot"rlre,Chairman, Epi preswout and Va X Ih hlcnss rd this t.. olopairy i� Ivan'hi',rixihuriis:rY� teas And erre ltaalaittrf ihu t:r+rr±It'arry. ter i;R+6uy ass h# wri any other nInc f eta dwe 6;esm{pmt�,tht a+il dRy.tay ,
f vervkn : fnr (tart pea irahat9 rel°&#lir ;rraaparxy„iludnr tto: r, irfpAny' Raaf apr tetkr+trr+istt, . A1'biasear .'hprm PnxCvxtA pP4iw' 'nrntsgn5' As are spedficArin Aadult rs`QhtraS aBtit,Bt(tEtsn urtaiuli: aprxtTicfli5rsai rrsaYY =,p , i i
g+”ca:or3gyyro+aYwlnsaAr4"4%'ril4p?nCcass(arxtrh�ratatarbys(reRa<dt3cal�rntrp'oderirririhmpKrvdcolarWntfund":alax'xninta�nsia.
I ,
t (4). The signntum of any officer lir other perseo c—oling stay Written Co t miuoena or appohourem of dciegation pursuant tis iiia Resululion. ,and Bic Seal Of the Cali airfy. frazybe attiNed by twAimmtle on xtu:h'
Wriu.er. Com mitnteu, or written appointmenl oidelegal ion,... m
r FU4rVICItRESOLVED.lent:thefacagoingPoesnlulionshelfnofhi�d.medtoI.,anccxclustcecuilememvofthepowoaandaudnoavororacemempinyeecandofherpersonstoacirwandontonsIfpflhe
j, Comtad,y:aad such Res0lutifolk shall not No it 0! the txurclsa ni any such power or go i hn rny oftw4woc va lidW ptimic d or vostrd.
Does hereby nominate, constitute and appoint Aimee R Perondine, Aiza Lopez., Brian Peters, Cave] Dixon Rubeor'Danielle D 76hnsati, DonnaM Planeta; Joshoda
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 attorney -m - fact, to make, execute, seal and deliver on its behalf, and
as its act attd dLvd any and all bonds, undertakings, mcogniviascas. contacts and Oliver wtitjngsjn flot nature themof in penarlfieR not oxcee diny,"rAv my Flag Million
fJtsllazs and mro,cents (2 ,17Gtti, ,rand' lee exeGird"son of such writings in sur an oftli;WioRe ars 1ta11 be as binding uprar, d-Caampany,`astot, arat I s
I: if they had bm t (Sing+ executed and acknowledged by the regulitrly elected officers of the Complauty at its pfincipal office,
IN WITNESS WHEREOF, the said Stephen M, Haney. Vire-President, lois hereunto subscribed his name and affixed the Co porate sail ofthe said WES`I"C110STER
FIRE INSURANCE COli ANY this a day of September 2017,
NVESTC HES11 i , FIRE INSORANCE C ' IMPANY
s Stephen M. fflip;y nice Wdent
C:C)MMON EAl,TUI Of PENNSYLVANIA
COUNTY OFPHILAD LPHIA ss;
`
On this y8a' day of Se tena6ex 2017: AD, before erre, a Notary Puhfie of the mroogwPoltlt of Pennsylvania in dndfof the ounty.rifl `r
Z
{ eras
r
f � *W
In witness whereof, I have
I snaua mum is the urapuracw
on, and (lint Resolution, adopted
subscribed my name as Assistant Secretary, and affixed
}
I
THIS POWER OF ATTOW
IS.
dttar��rCara
s'sans,r�vF•SN
Premium: $133.00
Bond Number- K13545807
KNOW ALL BY THESE PRESENTS, That we Crown Castle NG West LLC
-, as Principal, hereinafter called Principal, and Westchester Fire Insurance
Com any a .,Pennsylvania corporation, as Surety, hereinafter called Surety,
are held and firmly bound unto City of Downey as
Obligee, hereinafter called Obligee, in the amount of Twen!y Thousand and 001100
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 Agreement requires Principal to provide a Bond
Per Section 7 of the Telecommunication Network Infrastructure License and
Encroachment Aareement
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 February 5, 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.
Premium: $133.00
IN WITNESS WHEREOF, The said Principal has signed and sealed this
instrument on this day of , 20
Crown Castle NG West LLC
B
Nameflrilre
IN WITNESS WHEREOF, The said Surety has signed and sealed this instrument
on this 5th day of February , ,2018
Westchester Fire Insora�orn a�
Donna M Pi neta . Attorney -in
a Notary Public in and for the county aforesaid, do hereby
certify that - Wgica Gambino who signed the foregoing writing bearing date
on the day of i 2018, 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,,,, 201,73
My commission expires- ,
Notary Public
STATE OF Connecticut
COLT TY OF Hartford, TO WIT:
15 �4ti�fiani A� Ti"cau, a Notary Public in and for the county aforesaid, do hereby
>.y2» ,who signed theforegoing writing bearing date on the
5th day of February 2018, for WESTCHESTER FIRE
INSURANCE COMPANY, a corporation, has this day in my said county, before me,
acknowledged the said writing to be the act and deed !<s 4 corporation.
d+:222+22
STEPHANI A. TRUDEAU
NOTA RYPUBLIC-174116
My COMMISSION EXPIRES MAY d.\. "lit
Wi 111sTowers Watson Id"'1111A
Telephone: 85�582_:,71C
Website: wvm wi4istowersv"B50 , con)
E-mail: au.t;j�mischnaidcrCawiVlistc,,wersv,,a;sDr. com
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 seal.
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,
Willis of Tennessee, Inc.
265 Brookview Centre Way, Suite 505
Knoxville, TN 37919