Funding for the landscape maintenance services is provided through a parcel charge collected as part of the annual property tax bill. The parcel charge is only applied to those properties receiving benefit from the public landscaping and where such property owners have previously approved the charge.
DISCUSSION
The City established landscape maintenance districts to provide the financial resources to maintain public landscaping in parkways, medians, traffic circles, and open space areas for designated developments throughout the community. Property owners within a landscape maintenance district pay a parcel charge as part of their annual property tax bill. Revenue received from the parcel charge funds the cost to provide the landscape maintenance services. The funds received from the parcel charge are restricted and can only be used for landscape maintenance services and only in the area for which they are collected.
The frequency of landscape maintenance service provided is based on each area’s financial resources. At the time the City accepts an area’s public landscaping for maintenance, the parcel charge is set at a rate sufficient to fund the City’s standard frequency of service, Level 1 (4-week rotation). For those areas where costs to maintain the landscaping have increased and the property owners have not approved an increase in the parcel charge, the frequency of service has been reduced to a level consistent with available funding.
Based on the pricing provided in the Contractor’s proposal and the projected parcel charge revenue for the landscape areas included in this Agreement, there is sufficient funding to continue providing the same frequency of service as the areas are receiving in fiscal year (FY) 2021/22. The table in the Fiscal Impact section identifies each of the landscape areas included in this Agreement and proposed service level for FY 2022/23.
The areas include approximately 39 areas located throughout the City and are represented in the maps included in Exhibit A of the Agreement (Attachment 1).
Maintenance of the public landscaping is performed by licensed and insured landscape contractors. The contractors are selected through a competitive Request for Proposal (RFP) process every five-years, consistent with the City’s Procurement Policy. Public Contract Code 22002, the Uniform Public Construction Cost Accounting Act (Municipal Code 3.12.300), allows the use of the RFP procurement process for landscape maintenance services.
On March 8, 2022, an initial RFP (RFP #2022-050) for landscape maintenance services was issued using the City’s electronic bid and vendor management system (Planetbids).
Three (3) responses were received. The bids were found unfeasible and on April 21, 2022 a second RFP (RFP #2022-057) was issued. Two hundred seventy-six (276) vendors were notified, and three responses were received by the RFP due date of 2:00 p.m. on May 5, 2022.
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The RFP requested information on the proposer’s 1) ability to provide the services, 2) qualifications and certifications in accordance with accepted standards, 3) references from other municipalities/public agencies where similar services have been provided , and 4) pricing. Evaluation of the responses were independently completed by representatives from the Parks Maintenance Division and Maintenance and Operations Division.
Staff recommends 1) awarding the Agreement to Greentech Landscape, Inc., waiving any and all minor irregularities, 2) authorizing the City Manager to execute the Agreement, and 3) authorizing the Assistant City Manager/Chief Financial Officer to approve all future amendments in accordance with the terms of the Agreement and subject to the approval of the City Attorney. Such amendments shall only be entered into provided they are within the authorized not-to-exceed amount and provided sufficient funding appropriations and program approvals have been granted by the City Council. Authorizing the Assistant City Manager/Chief Financial Officer to amend the Agreement allows for adjustments in additional work services, as may be necessary, without a delay in service.
This action meets the Strategic Plan Priorities by managing and maximizing Moreno Valley’s public infrastructure to ensure an excellent quality of life, develop and implement innovative, cost effective infrastructure maintenance programs, public facilities management strategies, and capital improvement programming and project delivery.
ALTERNATIVES
1. Approve the Agreement for Landscape Maintenance Services with Greentech Landscape, Inc. and related recommended actions as presented in this staff report. Staff recommends this alternative to provide uninterrupted maintenance of the public landscaping.
2. Do not approve the Agreement. Staff does not recommend this alternative as it may cause an interruption in the maintenance of the public landscaping.
Additional costs may be incurred to obtain another landscape maintenance contractor with no guarantee that a more qualified contractor can be found at a better cost.
3. Do not approve the Agreement but continue the item to a future City Council meeting. Staff does not recommend this alternative as it may cause an interruption in the maintenance of the referenced public landscaping.
FISCAL IMPACT
Maintenance costs to provide public landscape maintenance services is funded through a property owner approved parcel charge, which is levied on the property tax bills.
Revenue from the parcel charge can only be used for landscape maintenance services and administrative costs associated with the landscape maintenance. Costs for these A.18
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services are included in the City’s FY 2022/23 Adopted Operating Budget and are allocated in the amounts as shown in the following table.
Account Number/Project Service Area
Maintenance Area Service Level1 Est.Sq. Ft. Monthly Cost Annual Subtotal Base Work Annual Additional Work2 Total 5112-30-79-25719-620910 Zone M Planter Level 1 353,548 $ 6,010.30 $ 72,123.60 $ 72,123.60 $ 78,626.40 $ 150,750.00 5114-30-79-25720-620910 Zone S Planter Level 1 49,575 $ 842.78 $ 10,113.36 $ 10,113.36 $ 11,936.64 $ 22,050.00 5014-30-79-25721-620910
SD LMD-ZONE 09-Operations Zone 09 Planter Level 1 64,456 $ 1,095.75 $ 13,149.00 $ 13,149.00 $ 7,131.00 $ 20,280.00 2050-30-79-25722-620910
SD CFD 2014 01-LM01C-Operations
CFD 2014-01
LM-01C Planter Level 1 3,839 $ 65.26 $ 783.12 $ 783.12 $ 787.50 $ 1,570.62 2050-30-79-25722-620910
SD CFD 2014 01-LM01E-Operations
CFD 2014-01
LM-01E Planter Level 1 16,200 $ 275.40 $ 3,304.80 $ 3,304.80 $ 1,250.00 $ 4,554.80 2050-30-79-25722-620910
SD CFD 2014 01-LM01F-Operations
CFD 2014-01
LM-01F Planter Level 1 41,270 $ 701.59 $ 8,419.08 $ 8,419.08 $ 3,700.00 $ 12,119.08 2050-30-79-25722-620910
SD CFD 2014 01-LM01G-Operations
CFD 2014-01
LM-01G Planter Level 1 3,839 $ 1,761.25 $ 21,135.00 $ 21,135.00 $ (8,805.00) $ 12,330.00 2050-30-79-25722-620910
SD CFD 2014 01-LM01H-Operations
CFD 2014-01
LM-01H Planter Level 1 17,928 $ 304.78 $ 3,657.36 $ 3,657.36 $ 4,727.64 $ 8,385.00 2050-30-79-25722-620910
SD CFD 2014 01-LM01K-Operations
CFD 2014-01
LM-01K Planter Level 1 50,851 $ 864.47 $ 10,373.64 $ 10,373.64 $ 11,571.36 $ 21,945.00 2050-30-79-25722-620910
SD CFD 2014 01-LM02A-Operations
CFD 2014-01
LM-02A Planter Level 1 18,729 $ 318.40 $ 3,820.80 $ 3,820.80 $ 6,289.20 $ 10,110.00 2050-30-79-25722-620910
SD CFD 2014 01-TC03-Operations
CFD 2014-01
TC-03 Planter Level 1 18,143 $ 308.43 $ 3,701.16 $ 3,701.16 $ (3,701.16) $ - 5112-30-79-79006-620920 Zone M CIP3 Planter Level 1 $ 50,000.00 $ 50,000.00 Totals $ 12,548.41 $ 150,580.92 $ 163,513.58 $ 314,094.50 1 Base Work is routine maintenance at a regular frequency (i.e. service level). Level 1 = 4 week rotation; Level 2 = 8 week rotation; Level 3 = 12 week rotation; Level 5 = 20 week rotation. See Exhibit E, Schedule II - Frequency of Services Table for additional information.
2 Additional Work is for unanticipated/emergency work and reinvestments. The amounts are based on an area's financial resources to support work beyond routine maintenance, may vary in any given year and are contingent upon budget approvals.
3 Capital Improvement Projects
Base Work1
FY 2022/23 Landscape Maintenance Service Schedule
Summary
The term of the Agreement is five years, provided funding appropriations and program approvals have been granted by the City Council each fiscal year. The Agreement is subject to an annual Consumer Price Index (CPI) inflation adjustment, at the discretion of the City and with appropriate City Council funding and program approvals. The following table is the not-to-exceed amount of the five-year Agreement (including an estimate for annual CPI adjustments).
FY 2022/23
Year 1
FY 2023/24
Year 2
FY 2024/25
Year 3
FY 2025/26
Year 4
FY 2026/27
Year 5
Proposed Estimate3 Estimate3 Estimate3 Estimate3
Base Work 1 $ 150,580.92 $ 158,200.00 $ 166,200.00 $ 174,600.00 $ 183,400.00 $ 832,980.92 Additional Work2 $ 163,513.58 $ 171,700.00 $ 180,300.00 $ 189,400.00 $ 198,900.00 $ 903,813.58 Total $ 314,094.50 $ 329,900.00 $ 346,500.00 $ 364,000.00 $ 382,300.00 $ 1,736,794.50 Landscape Maintenance Districts - Moreno
1Base Work is for routine landscape and irrigation maintenance. 2Additional Work is for reinvestments (e.g. replants), unanticipated/emergency repairs, parts and labor. Additional work amounts are estimated and may fluctuate in any given year based on the area's ability to support the services and City Council approval of appropriate funding levels. Pricing is based on pricing terms of the Agreement (Exhibit C).
3 Estimates based on information known at the time the not-to-exceed ($1,736,794.50) was calculated. Actual amounts may vary depending on the addition/removal of service areas, an area's financial resources, and City Council program and budget approvals. The purchase order will be based on actual amounts authorized.
Projected
Not-to-Exceed Total
NOTIFICATION
The RFP was posted on the City’s bid portal (PlanetBids) on April 21, 2022. PlanetBids notified 276 vendors about this RFP.
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PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager/Chief Financial Officer/City Treasurer Concurred By:
Felicia London
Purchasing & Sustainability Division Manager
CITY COUNCIL GOALS
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
Community Image, Neighborhood Pride and Cleanliness. Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
See the Discussion section above for details of how this action supports the City Council’s Strategic Priorities.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Agreement - Greentech Landscape, Inc.
APPROVALS
Budget Officer Approval ✓ Approved . 6/10/22 10:35 AM
City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 6/10/22 6:08 PM
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1 City of Moreno Valley
AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES
This Agreement is made by and between the City of Moreno Valley and Moreno Valley Community Services District, California, a municipal corporation, with its principal place of business at 14177 Frederick Street, Moreno Valley, CA 92552, hereinafter referred to as the “City”, and Greentech Landscape, Inc., with its principal place of business at 13560 Telegraph Rd., Whittier, CA 90605, hereinafter referred to as the “Contractor,” based upon City policies and the following legal citations:
RECITALS
A. Government Code Section 53060 authorizes the engagement of persons to perform special services as independent contractors;
B. Contractor desires to perform and assume responsibility for the provision of professional landscape maintenance services contracting services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing professional landscape maintenance services contracting services, is licensed in the State of California, if applicable; C. City desires to engage Contractor to render such services for the landscape maintenance services as set forth in this Agreement;
D. The public interest, convenience, necessity and general welfare will be served by this Agreement; and
E. This Agreement is made and entered into effective the date the City signs this Agreement.
TERMS
1. CONTRACTOR INFORMATION:
Contractor’s Name: Greentech Landscape, Inc.
Address: 13560 Telegraph Rd.,
City, State, Zip: Whittier, CA 90605
Business Phone: 800-420-1962
Business License Number:
Federal Tax I.D. Number: 26-3419736
2. CONTRACTOR SERVICES, FEES, AND RELEVANT DATES:
A. The Contractor’s scope of service is described in Exhibit “A” attached hereto and incorporated herein by this reference.
B. The City’s responsibilities, other than payment, are described in Exhibit “B” attached hereto and incorporated herein by this reference.
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Packet Pg. 476 Attachment: Agreement - Greentech Landscape, Inc. (5838 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE 2 C. Payment terms are provided in Exhibit “C” attached hereto and incorporated herein by this reference.
D. The term of this Agreement shall be through June 30, 2027 and as provided in Exhibit “D” attached hereto and incorporated herein by this reference, unless terminated earlier as provided herein. The City acknowledges that it will not unreasonably withhold approval of the Contractor’s requests for extensions of time in which to complete the work required. The Contractor shall not be responsible for performance delays caused by others or delays beyond the Contractor’s reasonable control (excluding delays caused by non-performance or unjustified delay by Contractor, his/her/its employees, or subcontractors), and such delays shall extend the time for performance of the work by the Contractor.
E. The Contractor’s Proposal is provided in Exhibit “E” attached hereto and incorporated herein by this reference.
3. STANDARD TERMS AND CONDITIONS:
A. Control of Work. Contractor is solely responsible for the content and sequence of the work, and will not be subject to control and direction as to the details and means for accomplishing the anticipated results of services. The City will not provide any training to Contractor or his/her/its employees.
B. Intent of Parties. Contractor is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Contractor or any individual whose compensation for services is paid by the Contractor, an agent or employee of the City, or authorizing the Contractor to create or assume any obligation or liability for or on behalf of the City, or entitling the Contractor to any right, benefit, or privilege applicable to any officer or employee of the City.
C. Subcontracting. Contractor may retain or subcontract for the services of other necessary contractors with the prior written approval of the City. Payment for such services shall be the responsibility of the Contractor. Any and all subcontractors shall be subject to the terms and conditions of this Agreement, with the exception that the City shall have no obligation to pay for any subcontractor services rendered. Contractor shall be responsible for paying prevailing wages where required by law [See California Labor Code Sections 1770 through 1777.7].
D. Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
E. Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the services under this Agreement.
Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
As discussed below, any personnel who fail or refuse to perform the services in a manner acceptable to the City, or who are determined by the City to be A.18.a
Packet Pg. 477 Attachment: Agreement - Greentech Landscape, Inc. (5838 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE 3 uncooperative, incompetent, a threat to the adequate or timely completion of the project or a threat to the safety of persons or property, shall be promptly removed from the project by the Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: Gus Marquez.
F. City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
G. Contractor’s Representative. Contractor hereby designates Gus Marquez, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the services under this Agreement.
H. Legal Considerations. The Contractor shall comply with applicable federal, state, and local laws in the performance of this Agreement. Contractor shall be liable for all violations of such laws and regulations in connection with services.
If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
I. Standard of Care; Performance of Employees. Contractor shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the profession necessary to perform the services.
Contractor warrants that all employees and subcontractor shall have sufficient skill and experience to perform the services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the services and that such licenses and approvals shall be maintained throughout the term of this Agreement. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the services in a manner acceptable to the City, shall be promptly removed from the project by the Contractor and shall not be re-employed to perform any of the services or to work on the project.
J. Contractor Indemnification. Contractor shall indemnify, defend and hold the City, the Moreno Valley Housing Authority, and the Moreno Valley A.18.a
Packet Pg. 478 Attachment: Agreement - Greentech Landscape, Inc. (5838 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE 4 Community Services District (CSD), their officers, agents and employees harmless from any and all claims, damages, losses, causes of action and demands, including, without limitation, the payment of all consequential damages, expert witness fees, reasonable attorney’s fees and other related costs and expenses, incurred in connection with or in any manner arising out of Contractor’s performance of the work contemplated by this Agreement and this Agreement. Acceptance of this Agreement signifies that the Contractor is not covered under the City’s general liability insurance, employee benefits, or worker’s compensation. It further establishes that the Contractor shall be fully responsible for such coverage. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees.
K. Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section “J” that may be brought or instituted against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
L. Insurance Requirements. The Contractor will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII—Admitted) or better in Best’s Insurance Rating Guide and shall be legally licensed and qualified to conduct business in the State of California:
The Contractor shall procure and maintain, at its sole expense, Workers’ Compensation Insurance in such amounts as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor and the City, the Housing Authority and CSD against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying out the Agreement. This coverage may be waived if the Contractor is determined to be functioning as a sole proprietor and the city provided form “Exception to Worker’s Compensation Coverage” is signed, notarized and attached to this Agreement
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Packet Pg. 479 Attachment: Agreement - Greentech Landscape, Inc. (5838 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE 5 X General Liability Insurance—to protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suffered or alleged to be suffered by any person or persons whomever, resulting directly or indirectly from any act or activities of the Contractor, sub-Contractor, or any person acting for the Contractor or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of the Agreement and any extension thereof in the minimum amounts provided below:
Bodily Injury $1,000,000 per occurrence/ $2,000,000 aggregate Property Damage $500,000 per occurrence/ $500,000 aggregate Professional Errors and Omission Insurance—such coverage shall not be less than $1,000,000 per claim and aggregate.
X Liability and Property Damage Insurance coverage for owned and nonowned automotive equipment operated on City/CSD/Housing Authority premises. Such coverage limits shall not be less than $1,000,000 combined single limit.
X A Certificate of Insurance and appropriate additional insured endorsement evidencing the above applicable insurance coverage shall be submitted to the City prior to the execution of this Agreement. The Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions:
Solely as respect to services done by or on behalf of the named insured for the City of Moreno Valley, it is agreed that the City of Moreno Valley, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District, their officers, employees and agents are included as additional insured under this policy and the coverage(s) provided shall be primary insurance and not contributing with any other insurance available to the City of Moreno Valley, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District, its officers, employees and agents, under any third party liability policy
The terms of the insurance policy or policies issued to provide the above coverage shall neither be amended to reduce the required insurance limits and coverages nor shall such policies be canceled by the carrier without thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the City, except that cancellation for non-payment of premium shall require ten (10) days prior written notice by certified or registered mail.
In the event the insurance is canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in the amounts established.
M. Intellectual Property. Any system or documents developed, produced or provided under this Agreement, including any intellectual property discovered A.18.a
Packet Pg. 480 Attachment: Agreement - Greentech Landscape, Inc. (5838 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE 6 or developed by Contractor in the course of performing or otherwise as a result of its work, shall become the sole property of the City unless explicitly stated otherwise in this Agreement. The Contractor may retain copies of any and all material, including drawings, documents, and specifications, produced by the Contractor in performance of this Agreement. The City and the Contractor agree that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and will not be released to third parties without the prior written consent of both parties.
N. Entire Agreement. This Agreement constitutes the entire agreement between the parties. There are no understandings, agreements, or representations of warranties, expressed or implied, not specified in this Agreement. This Agreement applies only to the current proposal as attached. This Agreement may be modified or amended only by a subsequent written Agreement signed by both parties. Assignment of this Agreement is prohibited without prior written consent.
O. (a) The City may terminate the whole or any part of this Agreement at any time without cause by giving at least ten (10) days written notice to the Contractor. The written notice shall specify the date of termination. Upon receipt of such notice, the Contractor may continue work through the date of termination, provided that no work or service(s) shall be commenced or continued after receipt of the notice which is not intended to protect the interest of the City. The City shall pay the Contractor within thirty (30) days after receiving any invoice after the date of termination for all non-objected to services performed by the Contractor in accordance herewith through the date of termination.
(b) Either party may terminate this Agreement for cause. In the event the City terminates this Agreement for cause, the Contractor shall perform no further work or service(s) under the Agreement unless the notice of termination authorizes such further work.
(c) If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished documents and data and other information of any kind prepared by Contractor in connection with the performance of services under this Agreement. Contractor shall be required to provide such documents and other information within fifteen (15) days of the request.
(d) In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, similar to those terminated.
P. Payment. Payments to the Contractor pursuant to this Agreement will be reported to Federal and State taxing authorities as required. The City will not withhold any sums from compensation payable to Contractor. Contractor is independently responsible for the payment of all applicable taxes. Where the payment terms provide for compensation on a time and materials basis, the Contractor shall maintain adequate records to permit inspection and audit of the Contractor’s time and materials charges under the Agreement. Such records A.18.a
Packet Pg. 481 Attachment: Agreement - Greentech Landscape, Inc. (5838 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE 7 shall be retained by the Contractor for three (3) years following completion of the services under the Agreement.
Q. Restrictions on City Employees. The Contractor shall not employ any City employee or official in the work performed pursuant to this Agreement. No officer or employee of the City shall have any financial interest in this Agreement in violation of federal, state, or local law.
R. Choice of Law and Venue. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and shall govern the interpretation of this Agreement. Any legal proceeding arising from this Agreement shall be brought in the appropriate court located in Riverside County, State of California.
S. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Greentech Landscape, Inc.
13560 Telegraph Rd.
Whittier, CA 90605
Attn: Gus Marquez, President
City:
City of Moreno Valley
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552
Attn: Special Districts Division
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
T. Time of Essence. Time is of the essence for each and every provision of this Agreement.
U. City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this project.
V. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties.
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Packet Pg. 482 Attachment: Agreement - Greentech Landscape, Inc. (5838 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE 8 W. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
X. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the parties.
Y. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
Z. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
AA. Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
BB. Supplementary General Conditions (for projects that are funded by Federal programs). The following provisions, pursuant to 44 Code of Federal Regulations, Part 13, Subpart C, Section 13.36, as it may be amended from time to time, are included in the Agreement and are required to be included in all subcontracts entered into by CONTRACTOR for work pursuant to the Agreement, unless otherwise expressly provided herein. These provisions supersede any conflicting provisions in the General Conditions and shall take precedence over the General Conditions for purposes of interpretation of the General Conditions. These provisions do not otherwise modify or replace General Conditions not in direct conflict with these provisions. Definitions used in these provisions are as contained in the General Conditions.
1. CONTRACTOR shall be subject to the administrative, contractual, and legal remedies provided in the General Conditions in the event CONTRACTOR violates or breaches terms of the Agreement.
2. CITY may terminate the Agreement for cause or for convenience, and CONTRACTOR may terminate the Agreement, as provided the General Conditions.
3. CONTRACTOR shall comply with Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by CITY and/or subcontracts in excess of $10,000 entered into by CONTRACTOR.)
4. CONTRACTOR shall comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subcontracts for construction or repair.) A.18.a
Packet Pg. 483 Attachment: Agreement - Greentech Landscape, Inc. (5838 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE 9 5. CONTRACTOR shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a7) as supplemented by Department of Labor regulations (29 CFR Part 5).
6. CONTRACTOR shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327330) as supplemented by Department of Labor regulations (29 CFR Part 5).
7. CONTRACTOR shall observe CITY requirements and regulations pertaining to reporting included in the General Conditions.
8. Patent rights with respect to any discovery or invention which arises or is developed in the course of or under the Agreement shall be retained by the CITY.
9. Copyrights and rights in data developed in the course of or under the Agreement shall be the property of the CITY. FEMA/CalOES reserve a royalty-free, nonexclusive, irrevocable license to reproduce, publish or otherwise use or authorize to others to use for federal purposes a copyright in any work developed under the Agreement and/or subcontracts for work pursuant to the Agreement.
10. CONTRACTOR shall provide access by the City, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
11. CONTRACTOR shall retain all required records for three years after CITY makes final payments and all other pending matters relating to the Agreement are closed.
12. CONTRACTOR shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (This provision applies to contracts exceeding $100,000 and to subcontracts entered into pursuant to such contracts.)
13. CONTRACTOR shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94163, 89 Stat. 871).
SIGNATURE PAGE TO FOLLOW
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Packet Pg. 484 Attachment: Agreement - Greentech Landscape, Inc. (5838 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE 10 IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.
City of Moreno Valley and Moreno
Valley Community Services District Greentech Landscape, Inc.
By: By:
Title: Mike Lee, City Manager Title: (President or Vice President) By: Date:
Title: Mike Lee, City Manager, Acting in
the capacity of District Manager to
the Moreno Valley Community
Services District
Date:
INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Department Head
(if contract exceeds $15,000)
Date
By:
Title: Corporate Secretary or Assistant
Secretary
Date:
Affix Corporate Seal Below
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EXHIBIT A – SCOPE OF WORK
LANDSCAPE MAINTENANCE
1. GENERAL PROVISIONS
A. The work to be performed under this agreement shall include the furnishing of all labor, material, and equipment necessary for the provision of landscape, irrigation and appurtenant maintenance services within the boundaries of the various City landscape maintenance districts, zones, or City responsible landscape areas as determined in the resolutions or agreements of the City Council and/or Community Services District Board establishing said landscape maintenance, zones, or City responsible landscape areas and as said boundaries may have been heretofore or may be hereafter amended, and as more particularly shown on the Location Map or Maps included herein and as may be amended during the term of this Agreement.
B. The Contractor shall have the duty to: mow, edge, trim, and fertilize, groundcover, and shrub areas designated hereunder; regularly maintain and prune those portions of trees up to eighteen feet (18’) in height; remove litter and debris from all sites as required under this agreement; provide general pest control services as requested, including but not limited to weeds, insects, vertebrate pests, and diseases; maintain irrigation systems; hand water and bleed valves as necessary during emergencies when automatic systems are not functioning; complete and submit required reporting forms as provided herein or as may be added from time to time; and submit invoices in a timely manner and in detail by and for each landscape area to include specific reference to WQB ID Median ID, Tract ID, Traffic Circle ID, LMD zone or CFD area for which work was completed.
C. All work shall be performed in accordance with usual and customary horticultural practices to achieve, and maintain healthy, viable landscapes. The Public Works Director of the City of Moreno Valley, or his/her delegated representative(s), hereinafter designated as "Director" will periodically inspect all the operations and approve or reject the work performed, and methods or materials used, and make changes in the work scheduling.
D. The Contractor shall be responsible for carefully reviewing the site(s), and verifying the square footage noted for each location of proposed work included in the Proposal. The Contractor shall not be relieved of his/her/its liability under this agreement, nor shall the City be held liable for any loss sustained by the Contractor for any variance between conditions as referred to herein and the A.18.a
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actual conditions revealed during the examination of the locations of the proposed work.
E. All work shall be performed in accordance with the provisions of this agreement and in accordance with an approved service schedule, as approved by the Director. Service schedules may be modified with 30 days advance written notice by the City.
F. Failure to adhere to comply with any provisions included herein may result in the assessment of non-performance penalties per Exhibit C.
G. All equipment used in the performance of work under this agreement shall be compliant with the current regulations of the California Air Resources Board.
2. TURF CARE
A. All turf areas shall be mowed, edged, and trimmed per the Frequency of Services Table, as set forth in Exhibit E, Schedule II. Should weather and/or site conditions preclude the normally scheduled frequency of this service during any month, or portion thereof, the maintenance schedule shall be modified at the discretion and approval of the Director.7
B. At the discretion of the Director, turf areas may be mowed with mulching-type mowers of a type acceptable to the City.
C. All mowing and edging equipment shall: be in proper working order; have blades properly sharpened, balanced, and aligned; be thoroughly cleaned of all excess clippings, soil, and debris prior to move-in at each site.
D. All clippings, soil, and debris generated by mowing and edging operations shall be immediately collected, removed from the site, and disposed of in a legal manner. For the purposes of this Specification the term "site" shall include, but is not limited to, appurtenant hardscaping, sidewalks, curbs and gutters.
E. Machines operating on turf known to have a disease, fungus, or insect infestation shall be sterilized with a five percent (5%) chlorine bleach, and water solution prior to move-in to any other site.
F. Mowing height for cool season grasses shall not exceed three inches (3”) maximum, or two inches (2”) minimum, and shall be adjusted within these parameters on a seasonal basis.
G. Mowing height for warm season grasses shall not exceed one and one-half inches (1½”) maximum, or three-quarters of an inch (¾”) minimum, and shall be adjusted within these parameters on a seasonal basis.
H. All turf borders shall be cut with a vertical blade edger. Use of string trimmers to perform this task is not acceptable.
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I. Trimming around turf appurtenances (i.e., valve and meter boxes, backflow devices and controller enclosures, sprinklers) may be accomplished with use of string trimmers.
J. Whenever trees occur in turf areas, a six-inch (6”) ring of grass shall be removed from around the trunks to protect the crowns from mechanical damage. These rings shall be maintained in a clean, weed free condition.
K. Thin areas in turf shall be resodded or reseeded as necessary to prevent invasion of weeds.
L. Fertilization. See Fertilizer Use.
M. Pest Control. See Pesticide Use.
N. Aeration. All turf areas shall be aerated per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise directed by the Director.
1. Aeration equipment shall be of the hollow tine type. The tines shall have a minimum diameter of one-half inch (½”), and a penetration depth of at least two inches (2”). There shall be no more than six inches (6”) between tines; Areas to be treated shall be adequately irrigated prior to treatment to allow maximum tine penetration.
2. Any soil cores remaining on the turf surface two (2) week after treatment must be removed.
3. Humus base fertilizer is to be applied directly following spring and fall aeration operations.
4. Renovation/thatching and additional aeration operations are to be considered Additional Work, per Exhibit C.
3. TREE CARE
A. All trees are to be maintained in a manner that will promote normal, healthy growth.
B. The Contractor or any subcontractors working under Contractor’s direction and control must observe all restrictions on the unauthorized take of migratory birds, as set forth in the U.S. Fish and Wildlife Service Migratory Bird Treaty Act (MBTA), including but not limited to Sections 703-713 and the California Department of Fish and Wildlife Code Sections 3503, 3503.5, and 3513.
C. For the purposes of these Specifications, trimming, pruning, and pest control operations for those portions of trees greater than eighteen feet (18’) in height is to be considered Additional Work, per Exhibit C.
D. Whenever site conditions permit, trees are to be allowed to grow to assume their full, natural shape, with the minimum constraints necessary to assure public A.18.a
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safety and tree survival. All tree trimming/pruning shall be done in conformance with ANSI A300 (Part 1) - 2017, safety requirements will be per ANSI Z133 standards, and the most current version of the City’s Tree Management Administrative Procedure AP# 2.22.
E. Trees shall be pruned to:
1. Remove dead, diseased, or damaged branches:
2. Remove unwanted encroachments into the public and/or utility rights-ofway;
3. Correct any condition, which the Director has deemed to be hazardous.
F. Portions of trees up to eighteen feet (18’) in height shall:
1. Be pruned to enable successful adaptation to their particular site situation;
2. Have no more than one-third (1/3) of living branches removed annually;
3. Be fertilized only as directed by City field staff.
G. Portions of trees over eighteen feet (18’) in height shall:
1. Be inspected annually.
2. Pruned and/or trimmed as necessary to maintain proper site orientation.
3. Be pruned and/or trimmed as necessary to remove unwanted encroachments into public, and/or utility rights-of-way;
4. Be pruned and/or trimmed as necessary to correct any condition, which the Director has deemed to be hazardous.
5. Pruned to remove any impediment to the proper conveyance of nuisance and/or storm water flows through a water quality facility.
H. Pruning tools shall:
1. Be kept properly sharpened, and in proper working order.
2. Be sterilized with five percent (5%) chlorine bleach and water solution before commencing work, and between cuts on any tree known to be diseased.
I. The following practices shall not be allowed:
1. Internodal cuts of any kind (a.k.a. "stubbing", "shearing", "tipping", "topping").
2. Cuts made flush with trunk or branch. The integrity of branch collars is to be maintained at all times.
3. Use of pruning paint/pruning compound/wound dressing.
4. Use of climbing spurs or gaffs.
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J. All prunings/trimmings and debris generated by pruning operations shall be immediately removed from the site, and disposed of in a legal manner.
K. Trees shall be staked/guyed in a manner, and with materials that are acceptable to the Director. Double staking with two (2) lodge pole-type stakes is the minimum City standard.
L. Tree stakes tree ties, and guy wires shall be inspected regularly to ensure against girdling and abrasion, and removed as soon as possible after tree establishment, and site conditions allow.
M. After the stump grinding is complete, the area shall be backfilled with the grindings 2” above level.
N. Pest Control. See Pesticide Use.
4. SHRUB CARE
A. All shrubs are to be maintained in a manner that will promote normal, healthy growth.
B. For the purposes of these Specifications, shrubs are defined as any multistemmed/low branching woody plants whose height at maturity is not less than one foot (1’), or greater than ten feet (10’).
C. Whenever site conditions permit, shrubs are to be allowed to grow to assume their full, natural shape, with the minimum constraints necessary to assure public safety and plant survival.
D. Shrubs shall be pruned and/or trimmed per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise directed by the Director, to:
1. Remove dead, diseased, or damaged branches.
2. Remove unwanted encroachments into public and/or utility rights-of-way.
3. Correct any condition which the Director has deemed to be hazardous.
E. Shrubs shall be pruned in a manner that will:
1. Enable successful adaptation to their particular site situation.
2. Follow the maturation of the leaves/needles of the first seasonal growth flush, unless accepted practices for a particular species (i.e. roses) dictate otherwise.
F. Pruning tools must:
1. Be kept properly sharpened, and in proper working order.
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2. Be sterilized with a five percent (5%) chlorine bleach and water solution before commencing work, and between cuts on any shrub known to be diseased.
G. The following practices are not allowed:
1. Internodal cuts (e.g. "stubbing", "tipping", "topping"). Shearing (e.g. "boxing", "hedging", "balling", "poodling") will be done only when authorized by the Director on a site-specific basis.
2. Cuts made flush with trunk or branch. The integrity of branch collars is to be maintained at all times.
3. Use of pruning paint/pruning compound/wound dressing.
H. Fertilization. See Fertilizer Use.
I. Pest Control. See Pesticide Use.
5. GROUND COVER CARE
A. All ground covers are to be maintained in a manner that will promote normal, healthy growth.
B. For the purposes of these Technical Provisions, ground covers are defined as mass plantings of same-species, multi-stemmed plants with a trailing growth habit, whose height at maturity does not exceed ± one foot (1’).
C. Ground covers shall be pruned/trimmed per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise directed by the Director to:
1. Remove dead, diseased, or damaged branches/crowns.
2. Remove unwanted encroachments into or upon public and/or utility rightsof-way, as well as other landscape components (i.e., shrubs, trees, turf areas, irrigation equipment, walls, and monuments).
3. Remove any impediment to the proper conveyance of nuisance and/or storm water flows through a water quality facility.
4. Correct any condition which the Director has deemed to be hazardous.
D. Ground covers shall be pruned/trimmed/renovated:
1. To enable successful adaptation to their particular site situation,
2. In accordance with accepted practices for the particular species in question.
E. Pruning tools shall:
1. Be kept properly sharpened, and in proper working order.
2. Be sterilized with a five percent (5%) chlorine bleach and water solution before commencing operations at any site.
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F. String trimmers shall not be used for any of the above described operations unless authorized by the Director on a site-specific, task-specific basis.
G. Fertilization. See Fertilizer Use.
H. Pest Control. See Pesticide Use.
6. CHANNEL AND HABITAT CARE
The channel thinning zones will be subject to long-term management practices for flood control work. The channel-thinning zones are comprised of the two 40-foot-wide thinning zones. Beyond the 40-foot channel-thinning zones, removal of native vegetation shall be allowed only to assure proper operation of slope buffer area irrigation systems, to perform permitted fire protection activities, and to eliminate any hazardous condition for public safety.
The Contractor or any subcontractors working under Contractor’s direction and control must observe all restrictions on the unauthorized take of migratory birds, as set forth in the U.S. Fish and Wildlife Service Migratory Bird Treaty Act (MBTA), including but not limited to Sections 703-713 and the California Department of Fish and Game Code sections 3503, 3503.5, and 3513.
A. Vegetative Thinning
1. When vegetation and removal is deemed necessary by the City, and regulatory permits are in place to provide for adequate flood protection, the City shall determine if the work shall be accomplished by hand crews, mechanical equipment, or a combination of available resources. In reaching this determination, careful consideration shall be given to the mutual goal of minimizing negative impacts throughout the mitigation site and continuing to allow the drainage to function as a flood control channel designed to support 100-year flood flows.
2. The channel thinning zones will be maintained annually by mowing or removing vegetation above the existing soil level not to exceed two feet (24- inches) in height so that all channels will support 100-year flood flows.
3. For maintenance of channel the Contractor may use:
a. Four-wheel-drive all-terrain vehicle (ATV) type maintenance vehicles to haul personnel, equipment, trash, trimmings, weeds, and debris. b. A 30-40 horsepower utility tractor with bucket and mower for mowing channel bottoms.
c. A skip-loader and/or backhoe as required to effect irrigation mainline repairs in areas accessible to this type of equipment.
B. Timing of Vegetative Thinning
1. The Contractor will perform maintenance services within the 40-foot wide thinning zones pursuant to existing City policies, guidelines, and A.18.a
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regulations, and required regulatory permits, including but not limited to National Pollutant Discharge Elimination System (NPDES) permits, and community obligations to maintain flood carrying capacity within all channels, as required under FEMA’s LOMR, dated September 27, 2004, and required regulatory permits. The contractor shall conduct the annual vegetative thinning program within the 40-foot wide thinning zones, outside the bird nesting season and consistent with the U.S. Fish and Wildlife Service Migratory Bird Treaty Act (MBTA). If annual vegetative thinning must occur during the nesting season, this activity will be authorized if the vegetation to be thinned represents a threat to public safety and/or biological surveys confirming the absence of nesting birds occurs at this time as well.
C. Pesticide Use and Weeding
1. Use of herbicides, pesticides, rodenticides, biocides, fertilizers, or other agricultural chemicals or weed abatement activities shall be limited pursuant to existing City policies and guidelines, and/or as described herein.
2. The Contractor will conduct weed abatement on a quarterly basis including, but not limited to, the exotic plant species listed herein. Weeds shall be removed by hand, including the root, or controlled with an appropriate herbicide as determined by a licensed Pest Control Advisor (PCA). The use of herbicides for weed control within the channel shall be used for species such as Bermuda grass (Cynodon dactylon), giant reed (Arundo donax), bindweed (Convolvulus arvensis), and salt cedar (Tamarix sp.). Only pesticides approved for use within stream courses shall be authorized for use within all channel areas.
3. All weeds shall be removed from the mitigation site and/or controlled at all times.
4. Weeds are defined as “any plant species whose presence on a site is detrimental to the appearance of the site and the normal, healthy growth of plant materials intended for the site.” All plants that constitute a public health or safety hazard shall also be considered weeds. Examples of weeds to be controlled include, but are not limited to:
d. Arundo/giant reed (Arundo donax);
e. Artichoke thistle/cardoon (Cynara cardunculus);
f. Australian saltbush (Atriplex semibaccata);
g. Bermuda grass (Cynodon dactylon);
h. Biennial mustard (Hirschfeldia incana);
i. Black mustard (Brassica nigra);
j. Broom species (Cytisus spp.);
k. Bull thistle (Cirsium vulgare);
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l. Canary Island date palm (Phoenix canariensis);
m. Castor bean (Ricinis communis);
n. Cootamundra wattle (Acacia baileyana);
o. Fennel (Foeniculum vulgare);
p. Filaree/Storksbill (Erodium spp.);
q. Foxtail chess (Bromus madritensis);
r. Hottentot fig (Carpobrotus edulis);
s. Italian ryegrass (Lolium multiflorum);
t. Italian thistle (Carduus pycnocephalus);
u. Ivy (Hedera spp.);
v. Japanese honeysuckle (Lonicera japonica);
w. Kikuyu grass (Pennisetum clandestinum);
x. Pampas grass (Cortaderia jubata; C. selloana);
y. Periwinkle (Vinca major);
z. Peruvian pepper tree (Schinus molle);
aa. Rabbitsfoot grass (Polypogon monspeliensis);
bb. Red valerian (Centranthus ruber);
cc. Ripgut brome (Bromus diandrus);
dd. Russian thistle (Salsola tragus);
ee. Slender oats (Avena barbata);
ff. Soft chess (Bromus hordeaceus);
gg. Tamarisk (Tamarix ramosissima, T. parviflora);
hh. Tree tobacco (Nicotiana glauca);
ii. Umbrella sedge (Cyperus involucratus);
jj. Water bent grass (Agrostis viridis); and
kk. Wild oat (Avena fatua).
D. Trash and Debris Removal
1. The mitigation site shall be kept free of trash and debris in perpetuity. Trash and debris removal shall occur in accordance with the Frequency of Services schedule (Exhibit E, Schedule II). If trash and debris removal is required during the bird-nesting season, this will be allowed pursuant to required regulatory permits, and/or in order to protect public safety. Care will be taken so that trash removal activities minimize or avoid impacts to existing native plants.
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E. Access to Channel
1. Channel access may be attained via the access road adjacent to the Pedestrian Bridge at the western end of the channel or through the three gates located along Hastings Drive on the northern side of the channel.
Pedestrian access shall be authorized for all maintenance or authorized personnel. Care shall be taken to avoid impacts to existing vegetation outside the channel-thinning zones.
F. Mulefat Scrub Area
1. Existing Mulefat Scrub areas must be left undisturbed.
7. OPEN SPACE AREA (PASEO) CARE
A. All open space (paseo) areas shall be maintained in a condition free of unwanted plant species, as determined by the Director.
B. Non-woody plants, such as grasses and annual forbs shall be trimmed to a height of twenty-four (24) inches or lower at a frequency of no less than one (1) time per year, as determined by the Director.
C. Woody slope plantings shall be maintained in a manner that minimizes the accumulation of dead wood. This shall be accomplished by means of periodic trimming, pruning, and/or roguing, as determined by the Director.
D. A band of bare soil, twenty-four (24) inches in width shall be maintained per the Frequency of Service Table wherever Open Space (Paseo) areas abut residential parcels.
E. Newly planted and/or established tree and woody shrub plantings shall receive irrigation adequate to maintain soil moisture and plant vigor; in no case shall the interval between irrigations be greater than once per week. This work may require the use of a water tanker. Contractor shall be liable for replacement of any new or establishing plan materials lost due to Contractor’s negligence, as determined by Director.
F. Watering basins for newly planted and/or establishing tree and woody shrub plantings shall be continuously maintained and kept free of unwanted plant species until properly established, as determined by the Director.
G. All areas damaged by erosion shall be immediately repaired to the originally intended condition and soil. Contractor shall be liable for the cost of repairing all erosion damage caused by Contractor’s negligence.
H. All areas damaged by rodent burrowings shall be immediately repaired to the originally intended condition and soil.
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I. All catch basins, drain lines, brow ditches, and lower slope swale areas shall at all times be kept clean and clear for proper drainage.
J. Minimum flow channels shall be maintained in a manner that assures unimpeded flow of nuisance water per limits of design intent. This work may require periodic thinning/rouging of existing riparian plants, as determined by Director.
8. WATER QUALITY BASIN BOTTOM & FOREBAY / OUTLET STRUCTURE / SAND
BED MAINTENANCE
A. Basin Bottom Vegetation
1. Water Quality Basin bottom vegetation shall be mowed / trimmed to a height of twelve inches (12”) at least one (1) time annually, or as needed to ensure that the facilities function per design intent, per the frequency of service table, as set forth in Exhibit E, unless otherwise stated herein this section and/or as directed by the Director. Annual mowing / trimming operations shall be initiated no earlier than August 15, and concluded no later than October 1.
2. Machinery / equipment selected to perform mowing / trimming operations shall be operated in a manner that does not: damage or alter basin bottom or basin slope topography, or; damage or render inoperable basin bottom or slope irrigation systems. Any damage to, or alteration of basin bottom or slope topography, or damage of basin bottom or slope irrigation systems resulting from Contractor’s (or sub-contractor’s) operations shall be repaired immediately at Contractor’s sole expense.
3. Debris generated by mowing / trimming operations shall be immediately removed from the sites, and disposed of and/or recycled in a legal manner B. Concrete and/or Earthen Forebays and Outlet Structures
1. Concrete / earthen forebays and outlet structures shall be cleaned of debris and vegetation at least two (2) times annually, or as needed to ensure that they function per design intent. Scheduled cleanout operations shall be conducted in the spring and fall of the year, no later than May 31 and October 1, respectively per the frequency of service table, as set forth in Exhibit E, unless otherwise stated herein this section and/or as directed by the Director.
2. Machinery / equipment selected to perform cleanout operations shall be operated in a manner that does not alter or damage channel surfaces. Any damage to, or alteration of, channel surfaces resulting from Contractor’s (or sub-contractor’s) operations shall be repaired immediately at Contractor’s sole expense.
3. Debris generated by channel cleanout operations shall be immediately removed from the sites, and disposed of and/or recycled in a legal manner.
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C. Sand Bed
1. Inspect semi-annually for standing water, sediment, trash, and debris; remove accumulated trash and debris from the sand bed, as necessary.
2. Scarify (rake) the top of sand bed to a depth of three (3) inches semiannually.
3. When the Director determines that the sand bed does not drain within seventy-two (72) hours, Contractor shall remove the top three (3) inches of sand and replace with new sand to return the sand layer to the original depth.
4. When the Director determines that scarification or removal of the top three (3) inches of sand layer is no longer effective, Contractor shall remove and replace the entire sand filter layer.
5. Debris generated by sand bed maintenance operations, including but not limited to those described above, shall be immediately removed from the sites, and disposed of in a legal manner.
9. WEED CONTROL
A. For the purposes of these Specifications, weeds are defined as any plant species whose presence on a site is detrimental to: the appearance of the site, as determined by the Director, and the normal, healthy growth of the plant materials intended for that site. Any plants which, in the opinion of the Director, constitute a public health or safety hazard shall also be defined as weeds.
B. Weed control shall be addressed per the Frequency of Service Table, as set forth in Exhibit E, Schedule II unless otherwise stated herein and/or as directed by the Director.
C. Site areas subject to weed control per these Specifications include, but are not limited to: turf areas, tree wells, shrub, planter, and ground cover beds; hardscape areas, including, but not limited to curbs, gutters, and sidewalks; and non-landscaped portions of sites, as determined by the Director.
D. Debris generated by manual and/or mechanical weed control operations shall be immediately removed from the site, and disposed of in a legal manner.
E. Chemical Weed Control. See Use of Chemicals.
10. IRRIGATION
A. Irrigation shall be maintained and tested per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise stated herein and/or as directed by the Director.
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B. Water shall be delivered by means of automatic or manually operated sprinkler systems, quick couplers, hose bibbs, or water tank, as specific site and/or weather conditions require.
C. It shall be the Contractor's duty to maintain all City irrigation systems in a manner that assures their full working capability at all times. Said maintenance shall include, but not be limited to: visual and operational inspections; cleaning/adjusting sprinkler nozzles; flushing of lines; trimming around sprinklers to assure proper coverage; routine repairs; and other tasks as assigned by City field staff.
D. For the purposes of this section, routine irrigation repairs are defined as repair and/or replacement of existing sprinklers or sprinkler components and/or nonpressurized pipe and/or fittings (“lateral lines”) that have been rendered inoperable due to: 1) normal operation (“wear and tear”), and; 2) vandalism, theft, and acts or omissions by third parties.
E. All repairs to, and/or replacement of, irrigation system control components (i.e., backflow prevention assemblies, controllers and control wires, manual and remote control valves) and pressurized pipe and fittings (“mainlines”) rendered inoperable due to circumstances other than Contractor’s operations, shall be considered Additional Work, per Exhibit C.
F. The Contractor shall furnish, at no cost to the City, a remote valve actuating device that is compatible with the make, and model installed at the site(s). This device shall be used by Contractor's personnel while conducting operational irrigation system inspections, and/or repairs.
G. Manually operated irrigation systems shall:
1. Be operated only when Contractor's personnel are present on site.
2. Be turned off during periods of rainfall or as directed by City field staff.
3. Be inspected for, and repaired as necessary to ensure proper operation and coverage not less than at each time of operation.
4. Have any and/or all enclosures, vaults, and valve boxes properly secured at all times.
H. Automatic irrigation systems shall:
1. Be inspected for and repaired as necessary to ensure properly operation and coverage.
2. Be turned off during periods of rainfall or as directed by City field staff.
3. Have any and/or all enclosures, vaults, and valve boxes properly secured at all times.
I. Parts/components used to effect irrigation system repairs shall be of the same manufacturer as those originally installed unless otherwise approved by the Director prior to repair operations.
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11. DEBRIS AND LITTER
A. Debris/litter control shall be provided per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise stated herein and/or as directed by the Director.
B. The Contractor shall remove immediately after pruning, trimming, weeding, edging or other work required under this agreement, all debris generated by his or her performance of the work.
C. Contractor shall remove from both planted areas and adjacent hardscapes/walkways the following items, which include but are not limited to:
bottles, cans, paper/plastic, cardboard, dog litter, tumbleweeds/ windblown plant litter, automobile tires, or metallic items. Sites that are, in the opinion of the Director, exceptionally littered shall be cleared by the Contractor before the close of business the working day following notification of this condition.
D. All hardscape areas that include, but are not limited to sidewalks, curbs, and gutters shall be maintained in a hazard-free condition.
E. The Contractor shall dispose of all debris and litter off-site and in a legal manner.
F. The Contractor shall notify the Director immediately whenever suspicious and/or hazardous waste materials are discovered within service area sites. Such materials may include, but are not limited to: discarded motor oil, or other petroleum-based liquids; paint; chemical compounds, including but not limited to pesticides, both liquid and dry; any unknown liquid or dry material in an unmarked container; household appliances; household electronic devices, including but not limited to, televisions, computers and computer monitors; firearms or ammunition. Any such articles shall not be touched, handled, or in any way disturbed or moved from the location where they were discovered. Contractor’s staff shall secure the area against entry by any third party until City staff arrives at the site.
12. FERTILIZER USE
A. General.
1. Fertilizer shall be used per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise stated herein and/or as directed by the Director.
2. At the discretion and request of the Director, additional applications may be provided at the pricing terms listed in the Additional Work section of Exhibit E, Scheduled II.
3. Any granular fertilizer material deposited on adjacent hardscaping, including but not limited to sidewalks, gutters, pavement, concrete forebays, utility vaults, or the sand bed, shall be collected immediately and redistributed evenly across the targeted area or removed from the site and A.18.a
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disposed of in a legal manner. In no circumstance shall fertilizer material be allowed to enter the site’s storm drain system.
4. Any fertilizers containing iron will be completely removed from concrete sidewalks before irrigation to prevent staining.
5. Written notification to Director must be provided five (5) working days prior to fertilizer application.
6. Contractor shall supply to the Director a list of all proposed fertilizers to be used in the fulfillment of said agreement and per Exhibit E, Schedule II. Any changes to said list shall be reported per Exhibit E, Schedule II.
7. Contractor shall comply with any federal, state, or local reporting requirements.
B. Turf Fertilization
1. A humus base fertilizer shall be applied to turf areas.
2. All turf areas are to be fertilized as per Table I. All fertilizers are to be of indicated analysis or better.
TABLE I – Turf Fertilization
Rates per 1,000 sq. ft.
Month Number of
Applications
Type of
Fertilizer
Lbs. of
Actual N
Lbs. of
Fertilizer
February 1 22-0-6** 1 4.5 lbs.
June 1 22-5-5* 1.25 5.7 lbs.
October 1 22-5-5* 1.25 5.7 lbs.
*22-5-5/BEST® TURF GOLD or approved equal Controlled-Release fertilizer. These fertilizers to contain micronutrients including iron. See the following section on fertilizers. **22-0-6/SCOTTS® PROTURF® + Pre-emergent Weed Control or approved equivalent.
These fertilizers to contain micronutrients including iron. See the following sections, below, regarding fertilizers.
3. Humus base fertilizers to be applied by drop spreader only.
4. Humus base fertilizers to be composted, screened, and have a minimum nitrogen level of one-half of one percent (0.5%) (Growpower, EZ Green or equal).
C. Shrub and Ground Cover Fertilization
1. All shrubs and ground covers irrigated by overhead spray sprinklers shall be fertilized in accordance with the standard fertilization guidelines identified in Table II below. However, the frequency of the application shall comply with the application frequency rates as identified in the Frequency of Service Table, as set forth in Exhibit E, Schedule II.
2. All shrubs and ground covers irrigated by drip irrigation in conjunction with a fertigation system shall be fertilized in accordance with the standard fertilization guidelines identified in Table II below. However, the frequency of the application shall comply with the application frequency rates as A.18.a
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identified in the Frequency of Service Table, as set forth in Exhibit E, Schedule II.
TABLE II – Shrub and Ground Cover Fertilization
Rates per 1,000 sq. ft.
Month Number of
Applications
Type of
Fertilizer
Lbs. of
Actual N
Lbs. of
Fertilizer
April
(Overhead spray
sprinklers)
1 23-5-10 * 1.5 6.5 lbs.
April
(Drip w/ Fertigation
system)
1 EZ FLO
Fertimaxx
Landscape**
Apply per
manufacturers
specifications
Apply per
manufacturers
specifications
September
(Overhead spray
sprinklers)
1 23-5-10 *
(Overhead
spray
sprinklers)
1.5 6.5 lbs.
September
(Drip w/ Fertigation
system)
1 EZ FLO
Fertimaxx
Landscape**
Apply per
manufacturers
specifications
Apply per
manufacturers
specifications
* 23-5-10/BEST@POLY SUPREME or approved equal
**EZ FLO Fertimaxx Landscape or approved equal
D. Tree Fertilization
1. The intent of tree fertilization is to maintain normal and healthy growth of trees, not to produce excessive, rapid, or unnatural growth. Tree fertilization shall be considered Additional Work, per Exhibit C.
2. All trees shall be fertilized as directed by City field staff. Fertilizer type and rates will be specified on a per job basis.
3. Fertilizer will be placed per manufacturer's recommendations, or as directed by City and/or District field staff.
4. No injecting or drilling into tree trunk will be allowed.
5. Applications shall be made when the first growth flush of the year is at 80% leaf expansion, but not before April 30.
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13. PESTICIDE USE
A. General
1. The City of Moreno Valley and the Moreno Valley Community Services District encourages the use of effective alternative pest control measures.
2. All pesticide applications shall be made by or under the supervision of a person holding a valid license, permit or certificate issued pursuant to Sections 11701 and following, and Sections 14151 and following, of the California Food and Agricultural Code. Said person or Contractor is to be registered to conduct a pest control business in the State of California, and the County of Riverside during the entire term of this agreement.
3. All pesticide applications shall be applied as directed by the Director.
4. All pesticide use recommendations shall be in writing, and shall be made by a person holding a valid State of California pest control adviser license pursuant to Sections 12001, and following of the California Food and Agricultural Code. Said person is to be registered with the office of the Agricultural Commissioner of the County of Riverside during the entire term of this agreement.
5. Before the beginning of the agreement period, Contractor shall supply to the Director a list of all proposed pesticides to be used, along with a use recommendation for each pesticide. No pesticide application shall be made prior to Contractor’s submittal and Director’s approval of said list, and recommendations. Any changes, additions, deletions or substitutions to the recommended pesticides listed shall be submitted in writing to the Director for approval prior to any use of newly recommended material.
6. Disposal of empty pesticide containers, if made in the County of Riverside, shall be in strict compliance with label direction, restrictions and precautions, and all applicable federal, state, county, and local regulations, including but not limited to California Code of Regulations, Sections 6684, 3142, and 3143. The Director may require proof of such compliance in the form of a copy of a Contractor's annual Letter of Compliance, as issued by the County Agricultural Commissioner, and submitted by Contractor to the County Waste Management Department.
7. Snail Control
a. Snails shall be controlled on a regular basis on the following plant species:
i. Agapanthus africanus
ii. Aptenia sp.
iii. Gazania sp.
iv. Hemerocallis sp.
b. Snails shall be controlled on an as needed basis on all other plant material.
8. Vertebrate Pest Control
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a. All vertebrate pests, including but not limited to gophers, ground squirrels, moles, voles, and mice, shall be controlled on a regular basis wherever and whenever found on the site(s).
b. Control methods shall be as approved by the Director and shall include, but not be limited to, chemical, and mechanical methods.
c. Failure to treat site(s) for vertebrate pests within seven (7) calendar days of notification from the Director may result in the assessment of nonperformance penalties, per Exhibit C. d. Landscape areas shall be inspected and treated as necessary a minimum of one (1) time per month unless otherwise noted in the Frequency of Services Table or as determined by the Director.
B. Reporting Specifications
1. Contractor shall be responsible for the filing of all required records and reports, including but not limited to Notice of Intent to Apply, and Pesticide Use Reports, as specified by all county, state and federal agencies. Said reports shall contain accurate and valid information. The Director may require copies of all such records and reports be made available for inspection by City staff after giving twenty-four (24) hour notice to Contractor.
2. A written notice shall be provided to the Director five (5) working days prior to any pesticide application. Notice shall include name of chemical, area, rate and method of application, and time of day.
C. Ground Covers, Shrubs, and Trees Pesticide Usage Criteria
1. Weed Control
a. All shrub bed areas shall be treated with an appropriate pre-emergent herbicide at the maximum allowable rate according to the label, and state regulations. This treatment shall be performed per the Frequency of Services Table, Exhibit E, Schedule II.
2. Appropriate chemical control must be used on the following weeds. a. Bermuda Grass
b. Kikuyu Grass
c. Nutsedge
d. Field Bindweed
e. Spurge
f. Any other species deemed necessary by the Director
D. Insect and Disease Control
1. The Director may require certain tree species, which are subjected to excessively dusty conditions, be rinsed off with water, as directed by City field staff. Rinsing A.18.a
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operations that require the use of powered delivery systems shall be considered Additional Work, per Exhibit C.
2. The Director may require all Platanus species be sprayed annually with two applications of a copper based dormant spray should an infestation be detected.
Applications that require the use of powered delivery systems shall be considered Additional Work, per Exhibit C.
3. The Director may require all Pyrus and Pyracantha species found to be infected with fireblight be treated with annual applications of a copper based dormant spray. Applications that require the use of powered delivery systems shall be considered Additional Work, per Exhibit C.
4. The Director may require all Juniperus, Pinus, Cupressus and Pyracantha species found to be infested with mites be treated with an appropriate acaricide.
Applications that require the use of powered delivery systems shall be considered Additional Work, per Exhibit C.
5. All other insect, disease, and fungus problems will be treated on a site- and needspecific basis as determined by the Director. Any preventative or curative treatment that requires the use of powered delivery systems shall be considered Additional Work, per Exhibit C.
E. Vertebrate Pest Control
1. All vertebrate pests, including but not limited to gophers, ground squirrels, moles, voles, and mice, shall be controlled on a regular basis wherever and whenever found on the site(s).
2. Control methods shall be as approved by the Director and shall include, but not be limited to, chemical, and mechanical methods.
3. Failure to treat site(s) for vertebrate pests within seven (7) calendar days of notification from the Director may result in the assessment of non-performance penalties, per Exhibit C.
4. Landscape areas shall be inspected and treated as necessary a minimum of one (1) time per month unless otherwise noted in the Frequency of Services Table or as determined by the Director.
F. Turf Pesticide Usage Criteria
1. Weed Control
a. When the Director determines that the turf weed population at any site(s) exceeds acceptable levels, an appropriate herbicide shall be applied in accordance with all label specifications. Treatments that require the use of powered delivery systems may be considered Additional Work, per Exhibit C.
b. All turf areas that the Director has determined to be prone to annual weed grass intrusion shall require annual applications of pre-emergent herbicides labeled for such use. Any preventative treatment that requires the use of A.18.a
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powered delivery systems may be considered Additional Work, per Exhibit C.
c. Failure to apply turf weed control materials within the time frames established by the Director may result in the assessment of nonperformance penalties, per Exhibit C.
2. Insect and Disease Control
a. All turf areas that the Director has determined to have a history of fungus infection shall be treated annually with an appropriate fungicide, as directed.
Treatments that require the use of powered delivery systems may be considered Additional Work, per Exhibit C.
b. All other insect, disease, and fungus problems will be treated on a site and need-specific basis as determined by the Director. Any preventative or curative treatment that requires the use of powered delivery systems may be considered Additional Work, per Exhibit C.
c. All vertebrate pests, including but not limited to gophers, ground squirrels, moles, voles, and mice, shall be controlled on a regular basis wherever, and whenever found on the site(s). Control methods shall be as approved by the Director and shall include, but are not limited to, chemical, and mechanical methods. Failure to treat site(s) for vertebrate pests, within forty-eight (48) hours of being noticed by the Director, may result in the assessment of non-performance penalties, per Exhibit C.
14. SCHEDULING OF WORK
A. The Contractor will adhere to the facilities, equipment and monthly and annual work schedules submitted as a part of the Contractor’s bid, and incorporated herein by this reference. These schedules, and any approved revisions thereto, will be used by the City as a basis for determining Contractor’s satisfactory performance.
B. Revisions to facilities, equipment, and work schedules will not be implemented without the prior written approval of the Director. The Contractor will submit proposed revisions to equipment and work schedules in writing to the City at the address as set forth in the Agreement at least ten (10) working days prior to commencing work per the proposed revisions.
C. Failure to submit proposed revisions to equipment, staffing, or work schedules by the time limits established hereinabove may result in the Contractor becoming liable to the City for non-performance penalties per Exhibit C.
D. The above provisions shall not be construed to eliminate the Contractor's responsibility for complying with the requirement to notify the Director for additional maintenance as set forth hereinafter.
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E. The Contractor shall notify the Director in writing at least five (5) working days prior to the date and time of all "Specialty" type maintenance operations. Specialty type maintenance operations includes, but is not limited to:
1. Fertilization;
2. Turf Aeration;
3. Application of pesticides by any method;
4. Other operations so designated by the Director.
Notification of "Specialty" maintenance operations shall include a brief description of intended method(s) of execution, materials to be used, and the dates for commencement and completion of said operations.
F. When inclement weather renders performance per the approved schedule unsafe, impractical, or liable to damage landscaping, the Contractor is required to submit an adjusted work schedule to the Director for approval, which will allow the Contractor to complete the areas affected and resume work in all areas in accordance with the approved service schedule. Failure to advise the City may be cause for assessment of non-performance penalties.
G. For the purposes of this contract, “Working Days” are Mondays through Fridays, excluding holidays as provided herein. The hours of on-site maintenance service will be from 7:00 a.m. to 4:00 p.m. Work may not be performed outside of the days and hours set forth hereinabove, as well as on legal City holidays, without the prior written approval of the Director.
The following days have been designated as City holidays:
If a holiday falls on a Sunday, the following Monday shall be the day the holiday is observed. If a holiday falls upon a Saturday, the preceding Friday shall be the day the holiday is observed. If a scheduled maintenance service day falls on a designated holiday, the Contractor shall submit a proposed make-up day for the Director’s approval.
New Year’s Day January 1
Martin Luther King Jr. Day 3rd Monday in January
President’s Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veteran’s Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving 4th Friday in November
Christmas Eve December 24
Christmas Day December 25
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15. FUNCTIONS AND RESPONSIBILITIES
A. For award of the agreement to a Contractor who has not performed landscape and irrigation maintenance services for the site(s) as identified within this agreement for the prior year’s contacting term, the Director and Contractor shall conduct an inspection of all sites covered under this agreement as soon as practicable after its execution, and prior to commencement of Contractor's operations. Following said inspection, the Contractor shall submit to the Director a written affidavit certifying the actual condition of the site(s) relative to the City Specifications, including but not limited to the nature and extent of any deficiencies noted by the Contractor, and acknowledged by the Director. The Contractor is hereby advised that this affidavit shall serve as the benchmark for the Director's evaluation of Contractor's performance under this agreement.
B. The Contractor shall on an ongoing basis maintain and submit complete reports that record all work performed by the Contractor (See Reporting Forms) and at the intervals specified therein. Such reports shall contain, but shall not be limited to Weekly Irrigation reports, Monthly Greenwaste reports, Monthly Landscape Services reports, pesticide reports, and complaints.
C. The monthly payment for the work so reported will not be authorized until such reports are received, and approved by the Director.
D. The Director may require the Contractor to attend meetings with the City field staff at some fixed interval to review the Contractor's operations, and schedule future work.
E. The Contractor shall maintain an office at some fixed place, and be listed in the telephone directory in Contractor's own name or in the Contractor's company’s name.
F. Contractor shall at all times employ some responsible person(s) to receive phone calls and take the necessary action regarding all inquiries, complaints, and/or emergency calls received from the Director or other authorized individuals or agencies as listed below. This person(s) shall be reachable twenty-four (24) hours per day, seven (7) days a week. Contractor will notify the Director at [email protected] within three (3) calendar days of any change of the name or contact information of the responsible person(s).
G. During normal working hours, the Contractor's Supervisor or designated employee responsible for providing maintenance services to the City shall be directly available for immediate notification through some type of reliable electronic means, including but not limited to, mobile or cellular phone.
H. The Contractor or Contractor's designated employee shall confirm said notification within one (1) hour of receipt. An answering service is an acceptable substitute for coverage only during periods outside of normal working hours, provided Contractor is advised of emergency calls within one (1) hour of receipt of the call by the answering service and within twenty-four (24) hours after receipt of non-emergency calls by the A.18.a
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answering service. The above provision for Contractor's communication with the City is the minimum acceptable standard under this agreement.
I. The Contractor shall respond to an emergency call from any of the parties listed herein this section no later than two (2) hours following first notification. In situations involving emergency repair work after normal working hours, the Contractor shall dispatch qualified personnel, and equipment to reach the site within two (2) hours of first notification. An emergency may be called by the following individuals or agencies at any time:
Assistant City Manager Parks Maintenance Supervisor
City Manager Police Department
Facilities Maintenance staff Public Works Director
Fire Department Public Works Division Manager
Landscape Services Inspector Special Districts Division Manager Landscape Services Supervisor Stand-By Staff
Parks and Community Services Director Street Maintenance Supervisor Parks and Community Services Deputy Director Fleet & Facilities Maintenance Supervisor J. Contractor's emergency response and any necessary corrective work is considered Additional Work as defined in Exhibit C, unless said emergency is determined to have been caused by an act or omission attributable to the Contractor.
16. COMPLAINTS
A. All complaints shall be responded to as soon as possible after notification, but in all cases within twenty-four (24) hours, to the satisfaction of the Director. If any complaint is not satisfactorily responded to within twenty-four (24) hours, the Director shall be notified immediately of the reason for not remedying the complaint followed by a written report to the Director within five (5) working days. If the complaints are not remedied within the time specified, and to the satisfaction of the Director, the Director may correct the specific complaint by using an alternative source. The total cost incurred by the District to effect necessary remedies will be deducted from the payments owing to the Contractor from the City, per Exhibit C.
B. The Contractor shall maintain a written record of all complaints, the date and time thereof, and the action taken pursuant thereto, or the reason for non-action. Said record shall be submitted to the Director monthly, as part of the Monthly Landscape Services Report.
C. In addition to the provisions included herein, in the event of a failure by the Contractor to satisfactorily remedy a complaint in a timely manner or for any other breach of this contract by Contractor, the City may immediately, upon written notice to the Contractor, terminate this contract.
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17. CONTRACTOR'S STAFF
A. The Contractor shall provide sufficient personnel to perform all work in accordance with the Specifications set forth herein. All of the Contractor's maintenance personnel shall be supervised at the work site(s) by a qualified Supervisor in the employ of the Contractor. Work Site Supervisors must be able to demonstrate to the satisfaction of the Director that they possess adequate technical background, and communication skills to perform the intended services. Adequate and competent supervision shall be provided for all work done by the Contractor's employees to ensure accomplishment of high quality work, which will be acceptable to the Director. Any order or communication given to the Work Site Supervisor shall be deemed to have been delivered to the Contractor.
B. The Contractor and his employees and subcontractors, if any, shall conduct themselves in a proper, professional, and efficient manner at all times, and shall cause the least possible inconvenience to the public.
C. The Director may require the Contractor to remove any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interests of the City.
D. The Contractor shall require each employee performing work under the agreement to adhere to basic public works standards of working attire, including but not limited to wearing of proper clothing, proper shoes, and other gear required by applicable Safety Regulations and/or fertilizer/pesticide label requirements.
E. Shirts shall be worn at all times, and shall be buttoned. Approved safety vests shall be worn by Contractor's employees when working on parkway medians, monuments, parkways, and other high traffic-hazard areas as determined by the Director.
F. The Contractor shall establish an identification system for Contractor's personnel which clearly indicates the name of the Contractor to the public. The identification system shall be furnished at the Contractor's expense and may include appropriate attire, and/or name badges as specified by the Director.
18. EMPLOYMENT OF APPRENTICES
A. The provisions of Sections 1777.5, 1777.6, and 1777.7 of the California Labor Code regarding the employment of properly registered apprentices may apply to this agreement if the Contractor, or any subcontractors thereunder, employs workers in any apprenticeable craft or trade. It is the Contractor’s sole responsibility to comply with the Labor Code sections cited above. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the California Department of Industrial Relations.
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19. SAFETY
A. The Contractor agrees to perform all work as outlined in the provisions listed herein in such a manner as to meet all accepted standards for safe practices and to safely maintain equipment, machines, and materials, and prescribe and employ all precautions and safety procedures related to other hazards consequential to the work; and accepts additionally the sole responsibility for complying with all local, State, Federal and other legal requirements including but not limited to, full compliance with the terms of any and all applicable OSHA and Cal/OSHA Safety Orders at all times so as to protect all persons, including Contractor's employees and subcontractors, agents of the City, District, materialmen, vendors, members of the public and others from foreseeable injury, or damage to their property.
B. The Contractor's operations shall be conducted in such a manner as to cause the least possible obstruction, and inconvenience to public traffic. The Contractor shall furnish, erect and maintain such fences, barriers, lights and warning signs as may be deemed necessary by the Director, or any duly constituted public safety official.
C. Contractor’s work area traffic control, including but not limited to, type and placement of signs, barricades, and delineators, shall be in accordance with the “Manual of Uniform Traffic Control Devices, 2014 (or most current revised version) California Supplement” Part 6 Temporary Traffic Control.
D. Contractor’s work should not encroach into open lanes of traffic between the hours of 7:00 a.m. and 8:30 a.m., or between the hours of 3:30 p.m. and 6:00 p.m.
E. The Contractor shall maintain all work sites free of hazards to persons or property resulting from Contractor's operations. The Contractor shall inspect for all potential hazards at said areas under maintenance, and keep a record indicating date inspected, and action taken. Said record shall be submitted to the Director monthly as part of the Monthly Landscape Services Report. Any hazardous condition noted by the Contractor, which is not a result of Contractor's operations, shall be immediately reported to the Director.
F. The Contractor shall be responsible for making minor corrections, including but not limited to, filling holes in turf areas, replacing valve box covers, and repairing irrigation systems, so as to protect members of the public or others from injury.
G. The Contractor shall cooperate fully with the City in the investigation of any accidental injury or death occurring on the site, including a complete written report thereof to the Director within five (5) working days following the occurrence.
H. In addition to payment deduction or assessment of non-performance penalties, repeated failure to comply with the provisions of this section may result in termination of the agreement, per the terms of the Independent Contractor Agreement.
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20. USE OF CHEMICALS
A. Before the beginning of the agreement period, the Contractor is required to submit a list, which shall include the exact Brand Name, Label, and Material Safety and Data Sheet (MSDS) of all chemicals proposed for use under this agreement, including but not limited to fertilizers and pesticides, for approval by the Director. Where applicable, materials included on this list shall be chemicals as approved by the State of California Department of Food and Agriculture.
B. Director shall be notified in writing of any changes or deviations from the above list.
Use or application of said materials shall not be made prior to approval by the Director.
C. Chemical applications, including but not limited to fertilizers and pesticides, shall be made in strict compliance with the label directions, restrictions, and precautions as well as with any other requirements deemed necessary by any county, state, or federal regulatory agency, or the Public Works Department of the City of Moreno Valley.
D. Contractor shall report all fertilizers and pesticides used in the performance of the work as an element of Contractor's Monthly Landscape Services report, as set forth herein.
This report shall include the date, time of day, location, type of material, method of application, and environmental data.
21. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT –
REQUIRED URBAN RUNOFF MANAGEMENT TRAINING
A. The Contractor shall provide NPDES Permit training for Urban Runoff Management to Contractor’s employees and subcontractors if any.
B. Failure to provide Urban Runoff Management training is a violation of Order No. R8- 2002-0011, NPDES No. CAS 618033 (Municipal Separate Storm Sewer System NPDES Permit), Section XI.I, for each day of which such failure occurs, and shall in addition, be a breach of the contract with the City of Moreno Valley and/or the City of Moreno Valley Community Services District (“City”).
C. Contractor understands and agrees that NPDES Permit violations are grounds for enforcement action by the Environmental Protection Agency, the State/Regional Water Resources Control Board, and the City and may result in permit termination (stop work order), civil and criminal fines, and termination of contract.
D. By submitting a proposal, the Contractor certifies to the City that Contractor’s employees and subcontractors, if any, have been trained for Urban Runoff Management, and sufficient sums are included in the Proposal’s amount to cover costs of such said training.
22. RESTRICTED PESTICIDE MATERIALS PERMIT AND USE CONSENT A. The City shall maintain in full force and effect throughout the entire term of the agreement a valid Restricted Materials Permit issued by the Agricultural A.18.a
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Commissioner of the County of Riverside on behalf of the California Department of Pesticide Regulation. The Contractor shall comply with all permit conditions that pertain to any of the pest control materials listed on said permit that may be used in the course of Contractor's operations under this agreement.
B. Director must give consent in writing prior to application of any Category I pesticide Licenses and Permits
23. LICENSES AND PERMITS
A. The Contractor shall, without additional expense to the City, possess all federal, state, and local licenses and permits, including but not limited to a valid City Business License, required for the performance of the work under this agreement.
24. DEPARTMENT OF INDUSTRIAL REGULATIONS
A. California law provides that "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform work pursuant to Labor Code Section 1725.5." Please refer to "Contractor Registration" from http://www.dir.ca.gov/Public-Works/PublicWorks.html to register and obtain more information.
B. Contractor and all tiers of its subcontractors must be registered and maintain a current registration during the term of this contract.
C. Pursuant to the above law, no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)]. Additionally, no contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.
D. This project is also subject to compliance monitoring and enforcement by the Department of Industrial Relations. The City of Moreno Valley will not accept a proposal nor will it contract or subcontract without proof of the contractor or subcontractor’s current registration to perform public works pursuant to Section 1725.5.
E. Contractor acknowledges and agrees to fully comply with the provisions of Section 1771, 1774 - 1776, 1777.5, 1813, 1815 and 1860 of the Labor Code.
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25. PAYROLL RECORDS
A. The Contractor, and any subcontractor thereunder, shall keep complete and accurate payroll records for each workman employed by Contractor/ subcontractor in connection with this agreement, as required by California Labor Code Section 1776.
B. The Contractor, and any subcontractor thereunder, shall make available to the City upon its request certified payroll records for each workman employed in connection with this agreement as required by California Labor Code Section 1776.
C. The City may withhold from Contractor’s progress payments the penal sum of twentyfive dollars ($25.00) per calendar day (or portion thereof) for each worker employed in connection with this agreement should Contractor, or any subcontractors thereunder, fail to strictly comply with California Labor Code 1776 after receiving written notice of non-compliance.
26. PREVAILING WAGE AND WORKERS’ COMPENSATION
A. Pursuant to provision of Section 1773 of the Labor Code of the State of California, the City of Moreno Valley has obtained the general prevailing rate of per diem wages applicable for the work to be done, including but not limited to: straight time, overtime and holiday work; travel and subsistence payments; employee payments of health and welfare, vacation, pension, and similar purposes. Said rate and scale are on file with the Public Works Department of the City of Moreno Valley, and copies will be made available to any interested party on request. These rates shall be the minimum wage rates for this project. Throughout the term of this agreement, the Contractor will be required to post a copy of said rate, and scale as required by the Labor Code.
B. Pursuant to provisions of Section 1775 of the Labor Code, the Contractor shall forfeit as penalty to the City of Moreno Valley, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinabove stipulated for any work done under the attached agreement, by the Contractor or by any subcontractor under Contractor’s direction and control, in violation of the provisions of said Labor Code.
C. In accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees.
27. BONDS
A. Pursuant to Section 3247 of the Civil Code, if awarded the contract, the successful Contractor hereby agrees to provide and maintain in full force and effect for the duration of this agreement, two (2) good, and sufficient surety bonds, to wit:
1. a "Faithful Performance Bond" in the amount of one hundred percent (100%) of the annual purchase order amount, which shall guarantee the faithful performance of all work, and;
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2. a "Materials and Labor Bond" in the amount of one hundred percent (100%) of the annual purchase order amount, which shall secure the payment of the claims of labor, mechanics or materialmen for all work performed hereunder.
The Contractor shall furnish a satisfactory Faithful Performance Bond meeting all statutory requirements of the State of California on the form provided by the City.
The bond may be amended from time to time, including, but not limited to, liability for delays and damages (both direct and consequential) to the City and the City’s Separate Contractors and consultants, warranties, guarantees, and indemnity obligations in an amount that shall remain equal to one hundred percent (100%) of the annual purchase order amount.
The Contractor shall furnish a separate satisfactory Labor and Materials Payment Bond meeting all statutory requirements of the State of California in an amount that shall remain equal to one hundred percent (100%) of the annual purchase order amount to secure payment of all claims, demands, stop payment notices, or charges of the State of California, of material suppliers, mechanics, or laborers employed by the Contractor or by any Subcontractor, or any person, form, or entity eligible to file a stop payment notice with respect to the Work.
The Agreement shall be signed by the successful Bidder and returned together with the required bonds and insurance certificate(s), within ten (10) Working Days after the date the Agreement is awarded by the City.
All bonds shall be executed by a California-admitted surety insurer. Bonds issued by a California-admitted surety insurer listed on the latest version of the U.S Department of Treasury Circular 570 shall be deemed accepted unless specifically rejected by the City. Bonds issued by sureties not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660(a). The bonds shall bear the same date as the annual purchase order amount. The attorney-in-fact who executes the required bonds on behalf of the surety shall affix thereto a certified and current copy of the power of attorney. In the event of changes that increase the Contract Price, the amount of each bond shall be deemed to increase and at all times remain equal to the Contract Price. The signatures shall be acknowledged by a notary public. Every bond must display the surety’s bond number and incorporate the Contract for construction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the Contract Documents. The surety further agrees that it is obligated under the bonds to any successor, grantee, or assignee of the City.
Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished.
Should any bond become insufficient, or should any of the sureties, in the opinion of the City, become non-responsible or unacceptable, the Contractor shall, within ten (10) Calendar Days after receiving notice from the City, provide written A.18.a
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documentation to the Satisfaction of the City that Contractor has secured new or additional sureties for the bonds; otherwise the Contractor shall be in default of the Contract. No further payments shall be deemed due or will be made under Contract until a new surety(ies) qualifies and is accepted by the City.
28. SUBSTITUTION OF SECURITIES
A. Pursuant to California Public Contract Code Section 22300, the Contractor will be permitted the substitution of securities for any monies withheld by the City of Moreno Valley to ensure performance under the agreement. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City of Moreno Valley, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor.
B. Securities eligible for substitution under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, and standby letters of credit. The Contractor shall be the beneficial owner of any securities substituted for monies withheld, and shall receive any dividends or interest thereon.
C. The Contractor shall give the City written notice within thirty (30) days after the agreement is awarded that it desires to substitute securities for money that would ordinarily be withheld. If the substituted securities are deposited into an escrow, the escrow shall be governed by a written escrow agreement in a form which is substantially similar to the agreement set forth in Section 22300 of the Public Contract Code.
29. CONTRACTOR'S LIABILITY
A. The Contractor shall be responsible for all damages to people and/or property that occur as a result of the fault or negligence attributable to the Contractor in connection with the performance under this agreement. Any and all restitution or repairs deemed necessary by the Director to remedy such damages shall be furnished and performed at the Contractor's sole expense, and shall be completed within the time limits established by the Director.
30. CONTRACTORS LICENSE
A. Contractors are required by law to be licensed, and regulated by the Contractors' State License Board. Contractor will comply with all applicable licensing laws, and regulations. Any questions concerning a Contractor may be referred to the Registrar, Contractors' State License Board, 9821 Business Park Drive, Sacramento, CA 95827.
Mailing address: P.O. Box 26000, Sacramento, CA 95826.
31. CLAIM RESOLUTION PROCEDURES
Section 9204 of the Public Contract Code sets forth the following requirements for claims submitted by a contractor on a public works project:
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A. A contractor must furnish "reasonable documentation to support the claim." B. Upon receipt of a claim, a public entity must "conduct a reasonable review" and provide a written statement to the contractor within 45 days of receipt of the claim.
C. For any undisputed portion of a claim, a public entity must make payment within 60 days of the public entity's issuance of the written statement.
D. If the contractor disputes the public entity's written statement, or if the public entity fails to respond, the contractor may demand "an informal conference to meet and confer for settlement of the issues in dispute."
E. The public entity must schedule the meet and confer conference within 30 days of the demand.
F. Within 10 business days following the meet and confer conference, the public entity must provide a written statement identifying the portion of the claim that remains in dispute. Any payment due on an undisputed portion of the claim must be made within 60 days of the meet and confer conference.
G. After the meet and confer conference, any disputed portion of the claim "shall be submitted to non-binding mediation."
H. If mediation is unsuccessful, the parts of the claim that remain in dispute shall be subject to applicable procedures outside Section 9204 (statutory and contractual).
I. Failure of a public entity to respond to a claim within the time periods described in Section 9204 "shall result in the claim being deemed rejected in its entirety." J. Amounts not paid in a timely manner shall bear interest at 7 percent per year.
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32. PROJECT LOCATION MAPS
These locations may include parkways, medians, traffic circles, open space, and/or landscaping adjacent to freeway on/offramps. Areas may be added, removed, or modified at the City’s discretion. The frequency of services for each of the landscape areas may be adjusted throughout the term of the contract.
Project Location Estimated Area Current Service Level 1 Zone M2 353,548 sq. ft. Level 1
Zone S 49,575 sq. ft. Level 1
Zone 09 of LMD No. 2014-02 64,456 sq. ft. Level 1
CFD 2014-01 296,878 sq. ft. Level 1
Total 764,457 sq. ft.
1 See Frequency of Services Table, Exhibit E, Schedule II, for additional information 2 Requires an annual Cal-Trans Encroachment Permit
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Moreno Valley Landscape Maintenance Districts
Areas Currently Being Maintained
Zones M, S, CFD 2014-01 and Zone 09 of LMD 2014-02
Service Level 1
Zone Tract ID Location or Tract Number Sq. Ft.
M 1 Old Hwy 215 Monuments & Medians @ Alessandro Blvd. 11,793 M 2 Alessandro Blvd., Linda to Frederick St. 48,139
M 3 Alessandro Blvd. from Frederick St. to Heacock St. 52,489 M 4 Alessandro Blvd. from Heacock St. to the 1st median e/o Indian St. 4,827 M 5 Alessandro Blvd. from Flaming Arrow Dr. to Kitching St. 10,536 M 6 Perris Blvd (s/o Alessandro Blvd.) 556
M 7 Perris Blvd (s/o John F. Kennedy Dr.) 5,432
M 8 Perris Blvd (n/o Iris Ave.) 1,780
M 9 Perris Blvd (n/o Krameria Ave.) 3,048
M 10 Perris Blvd at San Michele Rd. 8,020
M 11 Perris Blvd (n/o Globe St.) 6,553
M 12 Perris Blvd (s/o Globe St.) 4,338
M 13 Perris Blvd. (n/o Eucalyptus Ave) 1,446
M 14 Perris Blvd (s/o Iris Ave.) 4,562
M 15 s/s of Elder Ave from Grenville Ave. to Brewster Dr. 7,533 M 16 Cactus Ave. (w/o Elsworth) 2,268
M 17 Cactus Ave. between Frederick St. & Heacock St. 26,332 M 18 Moreno Beach Dr. (n/o Cactus Ave) 5,628
M 19 Old 215 (s/o Alessandro Blvd.) 3,905
M 20 Eucalyptus Ave. (w/of Theodore St.) 36,129
M 21 Cactus Ave. between Frederick St. & Veterans 8,262 A.18.a
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Zone Tract ID Location or Tract Number Sq. Ft.
M 22 Iris Ave (w/o Indian St.) 7,780
M 23 2nd median e/o Indian St. to Perris Blvd. 17,470
CFD 2014-01
LM-02A 24 Heacock Ave. (south of Iris Ave.) & Iris Ave. (east of Heacock Ave.) 5,036 M 25 Nason Street/60 Fwy Interchange 74,722
S N/A Sunnymead Blvd. 49,575
LMD 2014-02
Zone 09 98 TR 27251 64,456
CFD 2014-01
LM-01H 99 TR 31618 69,990
CFD 2014-01
LM-01G 100 TR 22180 3,839
CFD 2014-01
LM-01K 101 TR 31305 28,376
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Zone Tract/Map ID Location or Tract Number Sq. Ft.
CFD 2014-01
LM-02A 26
North east corner of Perris Blvd
& Cottonwood Ave 975
CFD 2014-01
LM-02A 27
Eucalytpus St, First North Driveway e/o
Redlands Blvd to TC-B 12,718
CFD 2014-01
LM-01C 102 TR 24203 17,928
CFD 2014-01
LM-01E 103 TR 31590 34,618
CFD 2014-01
LM-01F 104 TR 36760 50,851
CFD 2014-01
LM-01G 105 TR 36436 13,134
CFD 2014-01
LM-01G 106 TR 36708 41,270
TC-03 TC-A Redlands Blvd & Eucalyptus St 13,991
TC-03 TC-B West of 29800 Eucalyptus St 4,152
Moreno Valley Landscape Maintenance Districts
CFD 2014-01
Service Level 1
Areas to be Maintained in the Future
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33. REPORTING FORMS
A. Weekly Irrigation reports, at a minimum, shall document the irrigation inspections (to include testing and repairs) performed by the Contractor and shall include details specific to the dates, the specific locations, and corrective action taken, if any. Weekly Irrigation reports shall be submitted to the Director at [email protected] by the second workday of the week, one (1) week in arrears.
B. Greenwaste Recycling
1. The Public Resources Code (PRC), Division 30, Sections 41000 through 41780 requires that the City of Moreno Valley divert from landfills fifty percent (50%) of the solid waste, including greenwaste, generated within its jurisdiction.
2. For the purposes of this agreement, materials defined as “greenwaste” shall include all plant parts (i.e. trimmings, prunings, grass clippings, etc.) removed from agreement sites by the Contractor, or any subcontractors thereunder, in the performance of agreement’s Scope of Work.
3. Contractor, or any subcontractor thereunder, shall deposit all greenwaste generated while performing the agreement’s Scope of Work at a landscape material recycling center, or reuse said greenwaste in a lawful manner.
Contractor, or any subcontractor thereunder, shall be solely responsible for all costs incurred in complying with this requirement.
4. The Contractor shall submit a Monthly Greenwaste Report as set forth herein.
The Contractor shall provide responses to all information requested therein and shall include, on a separate Monthly Greenwaste Report form, any greenwaste generated through the operations of any subcontractors performing work under Contractor’s Scope of Work.
5. Monthly Greenwaste reports shall be submitted to the Director at [email protected] by the tenth day of each month, one (1) month in arrears.
C. A Monthly Landscape Services report, at a minimum, shall document the work performed by the Contractor and shall contain detailed information as is described in the form attached hereto and any other relevant information about the Contractor’s work to identified hazards, chemical use, and customer complaints. Said report shall be in a format acceptable to the Director. Monthly Landscape Services reports shall be submitted to the Director at [email protected] by the tenth day of each month, one (1) month in arrears.
D. Pesticide Use reports shall be completed and submitted in accordance with federal, state, and local law and consistent with the provisions herein.
E. Contractor shall refer to sections included herein and ensure additional reports, if necessary, are submitted to the Director, as appropriate and consistent with this agreement, and other agencies, as required by law, to ensure compliance with all federal, state, and local laws.
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Weekly Irrigation Report Form
City of Moreno Valley, Special Districts Division
[email protected] – Due: 2nd workday of week, 1 week in arrears
PROJECT NO.___________________ MONTH OF _____, 20______ Location
Controller Number
Tract Number
Zone or Area
Date(s)
Checked
Problem(s)
Identified
Corrective Actions
Date corrected
Corrective action
details
Hazards
Date(s) noted
Area
Hazard type
Date City notified
Date corrected
WEEK 1
WEEK 2
WEEK 3
WEEK 4
WEEK 5
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Monthly Greenwaste Report Form
City of Moreno Valley, Special Districts Division
[email protected] – Due: 10th day of each month, 1 month in arrears PROJECT NO. 20 _-__
Contractor Name:
Address:
Phone Number:
Month Year
1. Source of greenwaste
Location
2. Amount of greenwaste generated from above
source (by weight)
Lbs.
or
tons
3. Name, address, and phone number of recycle
Contractor accepting greenwaste
Contractor Name
Address
Phone Number
4. Amount of greenwaste-source products (mulch,
compost, top dressing, and soil amendments,
etc.) furnished to Project
(by weight)
Lbs.
or
tons
5. Name, address, and phone number of recycle
Contractor supplying greenwaste-source
products to Project (if different from above)
Contractor Name
Address
Phone Number
6. Number of times turf mowed this month
7. Number of times turf mowed without clippings
caught
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Monthly Landscape Services Report Form
City of Moreno Valley, Special Districts Division
[email protected] – Due: 10th day of each month, 1 month in arrears PROJECT NO. ________ MONTH OF _____, 20___
Location
Controller
Number
Tract Number
Zone or Area
Maintenance
Date(s)
Area
Service Type
Mow/edge
Trim/prune-weed
Litter-irrigation
Etc.
Fertilizer
Date(s)
Area
Product/
analysis
Amount/
area
Crop
Pesticides
Date(s)
Product used
Amount used
Area
Target pest
Complaints
Date(s) received
Area/location
Complaint/action
Date corrected
Corrective action
Hazards
Date(s) noted
Area
Hazard type
MVCSD notified
Date City notified
Date corrected
Corrective action
WEEK 1
WEEK 2
WEEK 3
WEEK 4
WEEK 5
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EXHIBIT B - CITY RESPONSIBILITIES
LANDSCAPE MAINTENANCE SERVICES
1. AGREEMENT SUPERVISION
The Agreement shall be administered on behalf of the Public Works Director of the City of Moreno Valley, or his/her delegated representative(s), hereinafter designated as "Director."
The Director will decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Contract by the Contractor, interpretation of the Specifications, and compensation to include completion of work by alternate sources.
2. IRRIGATION CONTROLLER SYSTEMS
The City shall manage the operation of all automatically controlled irrigation systems, including but not limited to irrigation controller programming and scheduling. The Contractor shall monitor the operation of, and maintain said irrigation systems as required by the Director. The Contractor shall operate manually controlled irrigation systems as directed by City field staff.
3. UTILITIES
It shall be the City's duty to provide the utilities necessary for irrigation (i.e., water, electricity and communications) and to maintain their appurtenances (i.e., water and electrical meters and backflow devices). The City will pay the water, electricity, and communications costs used in the sites covered by this Agreement. The Contractor shall report any interruption of these services for whatever reason immediately upon Contractor’s observation of same to the Director.
4. RESTRICTED PESTICIDE MATERIALS/PERMIT/USE CONSENT
A. The City shall maintain in full force and effect throughout the entire term of the Contract a valid Restricted Materials Permit issued by the Agricultural Commissioner of the County of Riverside on behalf of the California Department of Pesticide Regulation. The Contractor shall comply with all permit conditions that pertain to any of the pest control materials listed on said permit that may be used in the course of Contractor’s operations under this Contract.
B. Director must give consent in writing prior to application of any Category I pesticide.
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EXHIBIT C - PAYMENT TERMS
LANDSCAPE MAINTENANCE SERVICES
1. CONTRACTORS COMPENSATION
A. The Contractor's compensation shall not exceed $1,736,794.50.
B. Compensation shall be based on the Bid/Compensation Schedule.
C. Written notice of the compensation amount for the next fiscal year shall be provided to the Contractor at least thirty (30) days prior to the end of each fiscal year.
D. Any request for increase in the Contractor’s compensation shall be based on an annual inflation adjustment, calculated for the previous calendar year, based on the Riverside-San Bernardino-Ontario Regional Consumer Price Index for All Urban Consumers, as published by the Department of Labor’s Bureau of Labor Statistics. Any such request shall be made to the City in writing no later than May 1 of each year. Upon approval, the adjustment would be effective July 1 of the following fiscal year.
E. The Contractor will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley business license are located at: http://www.moval.org/do_biz/biz-license.shtml F. The Contractor will electronically submit an invoice to be paid monthly per site based upon successful performance of the maintenance services provided in accordance with an approved service schedule for each area/site and in compliance with the terms and provisions of this Agreement. By the tenth of each month the Contractor shall submit to the Director detailed reports of the following:
a. Maintenance performed, which must include the location, area or site of such maintenance.
b. Greenwaste
c. Complaints received.
d. Hazards noted.
e. Chemicals used in the prior month.
f. Invoice for service, which lists in detail the site (e.g. Median ID, Tract ID/Number), service performed and cost in accordance with the Agreement price, which shall become the basis for payment.
No payment(s) shall be made until the reports, listed herein, have been submitted and approved. At no time will the City pay for more services than have been satisfactorily completed and the City’s determination of the amount due shall be final.
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G. The Contractor will submit all invoices electronically to Accounts Payable staff at [email protected]. Accounts Payable questions can be directed to 951.413.3073.
The Contractor will electronically submit copies of invoices and reports to the Special Districts Division at [email protected]. Calls may also be directed to the Special Districts Division at 951.413.3480.
H. The Contractor agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties. The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf (Business/Finance tab).
I. The minimum information required on all invoices is:
a. Vendor Name, Mailing Address, and Phone Number
b. Invoice Date
c. Purchase Order Number
d. Vendor Invoice Number
e. City-provided Reference Number (e.g. Projector Contract Number) f. Date services were provided.
g. Location Services where Testing and/or Services were performed to include Zone, Tract Number, Median ID, Tract ID, Traffic Circle ID (if applicable), or general vicinity where services were performed within the identified service area.
h. Month services that were rendered with amount(s) due organized to correspond with Contract/Purchase Order line item(s) (e.g. January Base or Additional Work).
i. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services performed and rates, explicit portion of an Agreement amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without detail are not acceptable. j. Supporting documentation including: receipts for materials purchased, summary tables demonstrating the calculation of total amount due, including description and cost breakdown by job performed within each area, the calculation of mark-up, and the addition of any applicable labor cost. Note: mark-up shall not include tax, shipping or labor. k. If written authorization was required prior to the commencement of work, documentation of the approval is to accompany the subject invoice.
Documentation shall include final approved proposal, and corresponding written authorization (e.g., fully executed proposal or proposal accompanied A.18.a
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by the corresponding email approval).
J. The City will pay the Contractor for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.
K. Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
L. Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
2. ADDITIONAL WORK
A. During the term of this Agreement the City may, at its discretion, authorize the Contractor to perform certain Additional Work as described herein, in addition to the work set forth in Exhibit A.
B. If the City determines it to be in the City’s best interest, said Additional work may include: Acts of God (i.e., earthquake damage, storm damage), or vandalism, theft, and acts or omissions by third parties.
C. Compensation for all such Additional Work shall be calculated either at the prices set forth by the Contractor and included herein or at a price based on the Contractor’s written estimate (lump sum, time and materials, or cost plus basis), as determined by the Director. Written estimates shall contain sufficient detail to justify the cost (i.e., quantities, adequate work description) and shall contain the location (Zone, Median or Tract ID, or general vicinity) where services are to be performed. Except as set forth below, the Contractor shall not perform any such Additional Work services without first obtaining express written authorization from the City.
D. Notwithstanding the above requirement for prior written authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the City may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. Within twenty-four (24) hours after receiving a verbal authorization, the Contractor must submit a written estimate to the City for written approval. Whenever immediate action is required to prevent impending injury, death, or property damage to the facilities being maintained, the City may, after reasonable attempt to notify the Contractor, cause such action to be taken by the City’s work force.
E. The Contractor shall maintain additional landscape areas the City may add to this Agreement at a unit price comparable to landscape areas described herein. In the event that notification is made, at other than the beginning of a monthly period, the unit cost as set forth by Contractor in the Bid Import Schedule shall be prorated A.18.a
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from the day the Contractor commences work on the additional areas.
F. Routine repairs to project irrigation system(s) shall be considered Additional Work to the extent that the Contractor shall charge only for materials used to perform said repairs at Contractor’s cost plus a percentage of that cost, as set forth in herein. For the purposes of this Agreement, routine irrigation repairs are defined as repair and/or replacement of existing sprinklers, sprinkler components, and/or non-pressurized pipe, and/or fittings (“lateral lines”) that have been rendered inoperable due to: a) normal “wear and tear”, and b) vandalism or theft (which includes acts or omissions by third parties).
G. Except as specifically approved by subsequent action of the City Council and/or District Board of Directors, the Director may not authorize Additional Work in excess of the not to exceed amount.
3. PAYMENT DEDUCTIONS
The City may deduct payment to such extent as may be necessary to protect the City from loss due to:
A. Work required in the General or Technical Provisions which is not performed, not performed to the standards set forth therein, not performed at or within the time(s) specified therein, or is incomplete.
B. Claims filed or reasonable evidence indicating probable filing of claims by laborers, materialmen, subcontractors, or third parties.
4. NON-PERFORMANCE PENALTIES
A. The Contractor may become liable for payment of non-performance penalties for failure to: provide adequate communications; provide adequate work area safety including but not limited to wearing of appropriate work attire; complete "Specialty" operations in a timely manner as set forth in the General Provisions; submit notifications or reports required by the Agreement, or General Provisions at the intervals and/or frequencies set forth therein, or; perform work as required by the General Provisions at the intervals and/or frequencies as set forth therein, or as directed by the City. For each of the categories set forth hereinabove, the penal sum of $100.00 (one hundred dollars) per working day will be assessed for each working day the deficiencies remain uncorrected.
B. If non-performance penalties are to be assessed, the Contractor will be notified immediately by written email, facsimile transmission, letter, or by telephone.
C. The Contractor will not be assessed non-performance penalties for delays caused by the City or by the owner of a utility to provide for the removal or relocation of utility facilities.
D. Excessive Utility Usage. Contractor shall pay for all excessive utility usage due to Contractor's failure to monitor irrigation system malfunctions or unauthorized A.18.a
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increases in the frequency of irrigation. The excess cost will be determined by comparing the current usage with the historical usage for the same time period.
The excess cost factor, to be deducted from the payments to the Contractor, will be presented by the Director to the Contractor prior to actual deduction by the City to allow for explanations.
5. TIME FOR PERFORMANCE
The Contractor hereby agrees to commence work pursuant to this Contract within fourteen (14) calendar days after the date of authorization as specified in the Notice to Proceed and to diligently prosecute the contracted work noted on the Bid Schedule.
6. COMPENSATION DETAIL - COMPENSATION SHALL BE BASED ON THE FOLLOWING SCHEDULE.
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Vendor ID Company Name Address City Zip Code
745478 Greentech Landscape, Inc. 13561 Telegraph Rd. Whittier 90605 Respondee Respondee Title Respondee Phone Respondee Email Juan Sanchez Operations Manager 562-264-9773 [email protected] Description Reference Unit of Measure Quantity Unit Price Annual Price Item No. * Item Code 1 Zone 09, Tract 27251 (Tract ID 98) Planter - Level 1 (4 weeks) 64,456 sq. ft. Monthly Cost 12 1,095.75 $ 13,149.00 $ 2 LM-01C, Tract 24203 (Tract ID 102) Planter - Level 1 (4 weeks) 3,839 sq. ft. Monthly Cost 12 65.26 $ 783.12 $ 3 LM-01E, Tract 31590 (Tract 103) Planter - Level 1 (4 weeks) 16,200 sq. ft. Monthly Cost 12 275.40 $ 3,304.80 $ 4 LM-01F, Tract 36760 (Tract ID 104) Planter - Level 1 (4 weeks) 41,270 sq. ft. Monthly Cost 12 701.59 $ 8,419.08 $ 5 LM-01G, Tract 22180 (Tract ID 100) Planter - Level 1 (4 weeks) 34,618 sq. ft. Monthly Cost 12 588.51 $ 7,062.12 $ 6 LM-01G, Tract 36436 (Tract ID 105) Planter - Level 1 (4 weeks) 40,609 sq. ft. Monthly Cost 12 690.35 $ 8,284.20 $ 7 LM-01G, Tract 36708 (Tract ID 106) Planter - Level 1 (4 weeks) 28,376 sq. ft. Monthly Cost 12 482.39 $ 5,788.68 $ 8 LM-01H, Tract 31618 (Tract ID 99) Planter - Level 1 (4 weeks) 17,928 sq. ft. Monthly Cost 12 304.78 $ 3,657.36 $ 9 LM-01K, Tract 31305 (Tract ID 101) Planter - Level 1 (4 weeks) 50,851 sq. ft. Monthly Cost 12 864.47 $ 10,373.64 $ 10 Zone M, Old Hwy 215 Monuments & Medians @ Alessandro Blvd. (Map ID 1) Planter - Level 1 (4 weeks) 11,793 sq. ft. Monthly Cost 12 200.48 $ 2,405.76 $ 11 Zone M, Alessandro Blvd., Linda to Frederick St. (Map ID 2) Planter - Level 1 (4 weeks) 48,139 sq. ft. Monthly Cost 12 818.36 $ 9,820.32 $ 12 Zone M, Alessandro Blvd. from Frederick St. to Heacock St. (Map ID 3) Planter - Level 1 (4 weeks) 52,489 sq. ft. Monthly Cost 12 892.31 $ 10,707.72 $ 13 Zone M, Alessandro Blvd. from Heacock St. to the 1st median e/o Indian St. (Map ID 4) Planter - Level 1 (4 weeks) 4,827 sq. ft. Monthly Cost 12 82.06 $ 984.72 $ 14 Zone M, Alessandro Blvd. from Flaming Arrow Dr. to Kitching St. (Map ID 5) Planter - Level 1 (4 weeks) 10,536 sq. ft. Monthly Cost 12 179.11 $ 2,149.32 $ 15 Zone M, Perris Blvd (s/o Alessandro Blvd.) (Map ID 6) Planter - Level 1 (4 weeks) 556 sq. ft. Monthly Cost 12 9.45 $ 113.40 $ 16 Zone M, Perris Blvd (s/o John F. Kennedy Dr.) (Map ID 7) Planter - Level 1 (4 weeks) 5,432 sq. ft. Monthly Cost 12 92.34 $ 1,108.08 $ 17 Zone M, Perris Blvd (n/o Iris Ave.) (Map ID 8) Planter - Level 1 (4 weeks) 1,780 sq. ft. Monthly Cost 12 30.26 $ 363.12 $ 18 Zone M, Perris Blvd (n/o Krameria Ave.) (Map ID 9) Planter - Level 1 (4 weeks) 3,048 sq. ft. Monthly Cost 12 51.82 $ 621.84 $ 19 Zone M, Perris Blvd at San Michele Rd (Map ID 10) Planter - Level 1 (4 weeks) 8,020 sq. ft. Monthly Cost 12 136.34 $ 1,636.08 $ 20 Zone M, Perris Blvd (n/o Globe St.) (Map ID 11) Planter - Level 1 (4 weeks) 6,553 sq. ft. Monthly Cost 12 111.40 $ 1,336.80 $ 21 Zone M, Perris Blvd (s/o Globe St.) (Map ID 12) Planter - Level 1 (4 weeks) 4,338 sq. ft. Monthly Cost 12 73.75 $ 885.00 $ 22 Zone M, Perris Blvd. (n/o Eucalyptus Ave) (Map ID 13) Planter - Level 1 (4 weeks) 1,446 sq. ft. Monthly Cost 12 24.58 $ 294.96 $ 23 Zone M, Perris Blvd (s/o Iris Ave.) (Map ID 14) Planter - Level 1 (4 weeks) 4,562 sq. ft. Monthly Cost 12 77.55 $ 930.60 $ 24 Zone M, s/s of Elder Ave from Grenville Ave. to Brewster Dr. (Map ID 15) Planter - Level 1 (4 weeks) 7,533 sq. ft. Monthly Cost 12 128.06 $ 1,536.72 $ 25 Zone M, Cactus Ave. (w/o Elsworth) (Map ID 16) Planter - Level 1 (4 weeks) 2,268 sq. ft. Monthly Cost 12 38.56 $ 462.72 $ 26 Zone M, Cactus Ave. between Frederick St. & Heacock St. (Map ID 17) Planter - Level 1 (4 weeks) 26,332 sq. ft. Monthly Cost 12 447.64 $ 5,371.68 $ 27 Zone M, Moreno Beach Dr. (n/o Cactus Ave) (Map ID 18) Planter - Level 1 (4 weeks) 5,628 sq. ft. Monthly Cost 12 95.68 $ 1,148.16 $ 28 Zone M, Old 215 (s/o Alessandro Blvd.) (Map ID 19) Planter - Level 1 (4 weeks) 3,905 sq. ft. Monthly Cost 12 66.39 $ 796.68 $ 29 Zone M, Eucalyptus Ave. (w/of Theodore St.) (Map ID 20) Planter - Level 1 (4 weeks) 36,129 sq. ft. Monthly Cost 12 614.19 $ 7,370.28 $ 30 Zone M, Cactus Ave. between Frederick St. & Veterans (Map ID 21) Planter - Level 1 (4 weeks) 8,262 sq. ft. Monthly Cost 12 140.45 $ 1,685.40 $ 31 Zone M, Iris Ave (w/o Indian St.) (Map ID 22) Planter - Level 1 (4 weeks) 7,780 sq. ft. Monthly Cost 12 132.26 $ 1,587.12 $ 32 Zone M, 2nd median e/o Indian St. to Perris Blvd. (Map ID 23) Planter - Level 1 (4 weeks) 17,470 sq. ft. Monthly Cost 12 296.99 $ 3,563.88 $ 33 LM-02A, Heacock Ave. (s/o Iris Ave.) & Iris Ave. (e/o Heacock Ave.) (Map ID 24) Planter - Level 1 (4 weeks) 5,036 sq. ft. Monthly Cost 12 85.61 $ 1,027.32 $ 34 Zone M, Nason/60 Fwy Interchange (Map ID 25) Planter - Level 1 (4 weeks) 74,722 sq. ft. Monthly Cost 12 1,270.27 $ 15,243.24 $ 35 LM-02A, NEC of Perris Blvd & Cottonwood Ave (Map ID 26) Planter - Level 1 (4 weeks) 975 sq. ft. Monthly Cost 12 16.58 $ 198.96 $ 36 LM-02A, Eucalytpus St, First North Driveway e/o Redlands Blvd to TC-B (Map ID 27) Planter - Level 1 (4 weeks) 12,718 sq. ft. Monthly Cost 12 216.21 $ 2,594.52 $ 37 Zone S, Sunnymead Blvd Planter - Level 1 (4 weeks) 49,575 sq. ft. Monthly Cost 12 842.78 $ 10,113.36 $ 38 TC-03, Redlands Blvd & Eucalyptus St (Map ID TC-A) Planter - Level 1 (4 weeks) 13,991 sq. ft. Monthly Cost 12 237.85 $ 2,854.20 $ 39 TC-03, w/o 29800 Eucalyptus St (Map ID TC-B) Planter - Level 1 (4 weeks) 4,152 sq. ft. Monthly Cost 12 70.58 $ 846.96 $ $ 150,580.92 12,548.41 $
Base Work - Routine Work
TOTALS
Bid/Compensation Schedule
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7. PREVAILING WAGE DETERMINATION
Based on information available at time of RFP issuance. See tables on following pages.
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EXHIBIT D - TERM OF CONTRACT
TERM OF CONTRACT
A. Following approval by all parties, the Contract will commence on July 1, 2022, and shall expire June 30, 2027 (5) years thereafter, unless sooner as noted herein.
B. At the expiration of its term, and with the concurrence of all parties, the Contract may be extended for up to three (3) additional periods of thirty (30) days each, subject to all terms and conditions in effect during the current term of the Contract.
Written notice of the City’s intent to invoke this subsection of the Contract shall be given to the Contractor at least fifteen (15) days prior to the expiration of the initial term of this Contract, or any extensions thereof.
C. Multi-year contracts may be continued each fiscal year only after funding appropriations and program approvals have been granted by the City Council of the City of Moreno Valley and the City Council acting in the capacity as President and Members of the Board of Directors of the Moreno Valley Community Services District. In the event that the City Council and/or the City Council acting in the capacity as President and Members of the Board of Directors for the Moreno Valley Community Services District does not grant necessary funding appropriations and/or program approvals, the affected multi-year contract becomes null and void effective July 1st of the fiscal year for which such approvals have been denied.
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RFP: #2022-057
LANDSCAPE DISTRICTS - MORENO
Maintenance of Parkway, Median, Traffic Circles, and/or Open Space landscaping and Irrigation
DUE May 5, 2022 AT 2:00PM
EXHIBIT E - CONTRACTOR'S PROPOSAL
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ID#5829 Page 1
TO: Mayor and City Council
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: June 21, 2022
TITLE: ADOPT RESOLUTION AUTHORIZING AMENDMENT NO.
9 TO THE LOAN AGREEMENT BETWEEN THE CITY OF
MORENO VALLEY AND THE POLICE FACILITIES
DEVELOPMENT IMPACT FEE FUND (RESO. NO. 2022-
XX)
RECOMMENDED ACTION
Recommendation:
1. Adopt a Resolution of the City Council of the City of Moreno Valley, California, authorizing Amendment No. 9 to the loan agreement between the City of Moreno Valley and the Police Facility Development Impact Fee fund.
SUMMARY
Staff recommends that the City Council adopt the proposed resolution approving Amendment No. 9 to the interfund loan agreement between the General Fund and the Police Facilities Development Impact Fee Fund (Police DIF) for $5,400,000.
Due to the timing of development impact revenues, the Police Facility DIF is currently reporting a cash balance, which will require a loan from the General Fund to comply with Generally Accepted Accounting Principles. These loans will be updated annually until such time as the revenues received by the Development Impact Fee funds are sufficient to extinguish the loan balances.
DISCUSSION
The City Council has approved the levy of a fee to mitigate the impacts of new development on various public facilities pursuant to the California Mitigation Fee Act.
These fees are collected and recorded in separate funds pending the allocation of available funds for capital projects or to pay debt service on public facilities or A.19
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improvements that were constructed from bond proceeds.
Due to the timing of development impact revenues, the Police Facility DIF is currently reporting a cash balance, which will require a loan from the General Fund to comply with Generally Accepted Accounting Principles. These loans will be updated annually until such time as the revenues received by the Development Impact Fee funds are sufficient to extinguish the loan balances.
The following table shows the activity for the current fiscal year and the ending loan balances to be recorded. If approved, these entries will be recorded for June 30, 2022 and then the funds will be re-evaluated in June 2023.
Fund
Loan
Balance
6/30/21 Repayment
Loan
Increase
Loan Balance
6/30/22
Police Facilities DIF $5,050,000 $0 $350,000 $5,400,000 • Police Facility Development Impact Fees: From $5,050,000 to $5,400,000 In June 2005, the City issued the 2005 Lease Revenue Bonds in the amount of $48.2 million. Included in the approved projects for the bonds were various projects which were to be repaid through the utilization of Development Impact Fees that were to be collected from developers in future years. These projects included the expansion of the Public Safety Building, the construction of the Emergency Operations Center (EOC) building, Fire Station 58 and various arterial street projects. The bond documents called for the repayment of this bond over the following 30 years with the final payment occurring in November 2035. In 2013 and 2014 these initial bonds were refinanced to reduce the overall debt service payment. Although the bonds are secured by the General Fund, the revenue stream from development impact fees for Arterial Streets, Police Facility and Fire Facilities was pledged to meet these annual debt service requirements associated to each of the funds. The payment of existing debt service has been identified as the first priority from the development fee funds. The annual debt service requirement attributable to the Police Facility DIF is approximately $640,000 annually until 2022 and then steps down to $580,000 per year until FY 2036. Based on balances in the fund at the close of FY 2020-21 and the projected activities during FY 2021/22 the Police Facilities DIF fund is expected to require an increase in the loan amount by $350,000.
The loan amendment was scheduled to be reviewed by the Finance Sub-Committee at their meeting on May 24, 2022.
ALTERNATIVES
1. Adopt proposed resolution approving the Amendment No. 9 to the Loan Agreement approved in the resolution approving a loan from the General Fund to the Police Facility Development Impact Fee fund ($5,400,000). Staff recommends this alternative because this authorizes the recordation of the A.19
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revised loan amounts to address current cash balances in these funds and allows the City to remain in compliance with Generally Accepted Accounting Principles.
2. Do not adopt proposed resolution approving the Amendment No. 9 to the Loan Agreement and provide staff with other direction. Staff does not recommend this alternative because it will not address the current cash balances in these funds and the City’s financial statements may not comply with Generally Accepted Accounting Principles.
FISCAL IMPACT
The total loan balance amount of $5,400,000 from the General Fund will continue to be designated as non-spendable until repaid. As Development Impact Fee revenues related to the Police Facility Development Impact Fee accounts are received, they will be applied to continue to reduce the outstanding loan amounts for these funds.
NOTIFICATION
Publication of the agenda
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Dena Heald Brian Mohan
Deputy Finance Director Assistant City Manager / Chief Financial Officer / City Treasurer
CITY COUNCIL GOALS
None
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
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1. Resolution 2022-XX_City Council
2. Exhibit A_to_Reso 2022-XX
APPROVALS
Budget Officer Approval ✓ Approved . 6/07/22 10:39 AM
City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 6/07/22 11:18 AM
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Date Adopted: June 21, 2022
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, AUTHORIZING AN AMENDMENT NO. 9 TO
THE LOAN AGREEMENT BETWEEN THE CITY OF MORENO VALLEY
AND THE POLICE FACILITY DEVELOPMENT IMPACT FEE FUND.
WHEREAS, the City Council levies a fee for the mitigation of the impacts of new development on the City’s Police Facilities and related facilities pursuant to the California Mitigation Fee Act (California Government Code Section 6600 et seq.); and WHEREAS, the City has made disbursement from these funds that have resulted in negative cash balances in the Police Facility Development Impact Fee Fund (approximately $5,400,000) and
WHEREAS, the City has a need to resolve the negative cash balances in these accounts; and
WHEREAS, on June 25, 2013 the City Council approved Resolution 2013-59 authorizing the original Loan Agreement between the General Fund and the Recreation Center DIF ($145,000) and the Police Facility DIF ($3,000,000) and the Animal Shelter DIF ($175,000); and
WHEREAS, on June 10, 2014 the City Council approved Resolution 2014-45 authorizing Amendment No. 1 to the original Loan Agreement between the General Fund and the Recreation Center DIF (decreased to $110,000) the Police Facility DIF (increased to $3,500,000) and the Animal Shelter DIF (decreased to $162,000); and WHEREAS, on June 9, 2015 the City Council approved Resolution 2015-38 authorizing Amendment No. 2 to the original Loan Agreement between the General Fund and the Recreation Center DIF (decreased to $60,000) the Police Facility DIF (remained at $3,500,000) and the Animal Shelter DIF (decreased to $147,000); and WHEREAS, on June 7, 2016 the City Council approved Resolution 2016-33 authorizing Amendment No. 3 to the original Loan Agreement between the General Fund and the Recreation Center DIF (decreased to $0) the Police Facility DIF (increased to $4,085,000) and the Animal Shelter DIF (decreased to $137,000); and WHEREAS, on May 16, 2017 the City Council approved Resolution 2017-28 authorizing Amendment No. 4 to the original Loan Agreement between the General Fund and the Police Facility DIF (increased to $4,290,500) and the Animal Shelter DIF (decreased to $100,000); and
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Date Adopted: June 21, 2022
Resolution No. 2021-
WHEREAS, on April 17, 2018 the City Council approved Resolution 2018-21 authorizing Amendment No. 5 to the original Loan Agreement between the General Fund and the Police Facility DIF (increased to $4,756,000) and the Animal Shelter DIF (decreased to $53,000); and
WHEREAS, on April 16, 2019 the City Council approved Resolution 2019-16 authorizing Amendment No. 6 to the original Loan Agreement between the General Fund and the Police Facility DIF (decreased to $4,400,000) and the Animal Shelter DIF (decreased to $0); and
WHEREAS, on April 21, 2020 the City Council approved Resolution 2020-22 authorizing Amendment No. 7 to the original Loan Agreement between the General Fund and the Police Facility DIF (increased to $4,700,000); and WHEREAS, on June 21, 2021 the City Council approved Resolution 2021-52 authorizing Amendment No. 8 to the original Loan Agreement between the General Fund and the Police Facility DIF (increased to $5,050,000); and WHEREAS, the City desires to loan funds from the General Fund to the Police Facilities Development Impact Fee Fund ($5,400,000) in amounts sufficient to cover the negative cash balances; and
WHEREAS, the City anticipates receiving future Police Facilities Development Impact Fees to repay these loans to the General Fund
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
BE IT RESOLVED that the Loan Agreement-Amendment No. 9 included as Exhibit A is hereby approved, authorizing the Loan Agreement from the General Fund and continuing the funding of the loans to the Police Facility DIF fund ($5,400,000).
APPROVED AND ADOPTED this 21st day of June, 2022.
___________________________
Mayor of the City of Moreno Valley
ATTEST:
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Date Adopted: June 21, 2022
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Brian Mohan, Acting City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 21st day of June 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
A.19.a
Packet Pg. 575 Attachment: Resolution 2022-XX_City Council (5829 : ADOPT RESOLUTION AUTHORIZING AMENDMENT NO. 9 TO THE LOAN AGREEMENT) Exhibit A
LOAN AGREEMENT AMENDMENT NO. 9
The City of Moreno Valley is authorizing this AMENDMENT TO THE LOAN AGREEMENT (“Amendment 9”) as an interfund loan entered into as of the twenty first day of June 2022, authorizing the transfer of funds by and between the CITY OF MORENO VALLEY GENERAL FUND (herein the “General Fund”) and the
CITY OF MORENO VALLEY POLICE FACILITY DEVELOPMENT IMPACT FEE FUND (herein the “Police Facility DIF”).
RECITALS
A. Pursuant to the provision of the California Mitigation Fee Act (California Government Code Section 66000 et seq,), the City Council of the City of Moreno Valley has approved the levy of a Police Facility Development Impact Fee to collect fees to mitigate the impact of new development on the City’s Police facilities.
B. The City has negative cash balances in the Police Facility DIF.
C. These cash balances are the result of the construction of facilities.
D. The Police Facility DIF continues to receive revenues related to new development projects within the City.
E. The City desires to loan the Police Facility DIF funds in an amount sufficient to offset the negative cash balances related to these funds.
AGREEMENT
1. The City has applied cash collected during Fiscal Year 2021-22 by the Police Facilities DIF in the amount of $219,789.00 into the calculation of the loan amount.
Fund
Loan Balance
6/30/2021
Loan
Repayment
Increase to
Loan Amount
Loan Balance
6/30/2022
Police Facility DIF $5,050,000 $0 $350,000 $5,400,000
2. City staff is directed to make necessary appropriation adjustments to effectuate this loan.
4 Resolution No. 2022-
Date Adopted: June 21, 2022
A.19.b
Packet Pg. 576 Attachment: Exhibit A_to_Reso 2022-XX (5829 : ADOPT RESOLUTION AUTHORIZING AMENDMENT NO. 9 TO THE LOAN AGREEMENT)
3. City staff is directed to appropriately record this loan in the City’s General Ledger system and subsequent financial reports, as necessary.
4. This loan is considered to be non-interest bearing.
5. The funds will be repaid by June 30, 2023.
6. If the funds are not repaid on or before June 30, 2023 in full, the City Council will reconsider this matter.
IN WITNESS WHEROF, the parties have executed the Amendment 9 as of the date first above written.
CITY OF MORENO VALLEY
By:
_______________________
Mike Lee
ATTEST:
_______________________
Brian Mohan
Acting City Clerk
APPROVED AS TO FORM:
________________________
City Attorney
City Manager
5 Resolution No. 2022-
Date Adopted: June 21, 2022
A.19.b
Packet Pg. 577 Attachment: Exhibit A_to_Reso 2022-XX (5829 : ADOPT RESOLUTION AUTHORIZING AMENDMENT NO. 9 TO THE LOAN AGREEMENT) Report to City Council
ID#5871 Page 1
TO: Mayor and City Council
FROM: Jeremy Bubnick, Parks & Community Services Director AGENDA DATE: June 21, 2022
TITLE: REQUEST FOR CITY SPONSORSHIP OF SOUTHWEST
VETERANS' BUSINESS RESOURCE CENTER ANNUAL
SUMMIT
RECOMMENDED ACTION
Recommendations:
1. Approve a request for sponsorship funds by the Southwest Veterans’ Business Resource Center (SVBRC) based on criteria prescribed in the City’s Sponsorship Policy and prior Council approvals.
2. Approve a sponsorship greater than the limit of $2,500 as set forth in the General management Policy No. 2.13, City Sponsorship Policy, Section V Sponsorship Amounts.
SUMMARY
This report recommends that the Council approve a request from Southwest Veterans’ Business Resource Center for City Sponsorship of the 11th Annual Veteran and Small Business Summit and a waiver of facility rental fees for $3,278.25.
DISCUSSION
The Southwest Veterans’ Business Resource Center was created to provide outreach and educational programs for veterans and active-duty military that have served in any capacity. SVBRC is a national public benefit, non-profit corporation that honors veterans’ service by empowering service members to apply their skills to successfully transition to productive careers.
The SVBRC annually conducts a summit with focus on veteran’s services that includes networking, small businesses, and training. The summit was held in Moreno Valley at A.20
Packet Pg. 578
the Conference and Recreation Center’s Grand Valley Ballroom in 2016, 2017, 2019, and 2021 and received City sponsorship respectively in the amounts of $1,913, $3,063, $4,153, and $3,625 with amounts a reflection of facility rental and audio/visual.
General Management Policy 2.13, City Sponsorship, provides for cultural and recreational events held by non-profit organizations located in the City of Moreno Valley to be eligible for consideration of a fee waiver.
Policy 2.13 requires satisfaction of all criteria for consideration. Review of the request, staff provides the following information for Council’s consideration:
1. Location: The criteria specified in Section II of General Management Policy 2.13 states that eligible 501(c)(3) or (4) organizations must be located within the City of Moreno Valley.
The SVBRC is a non-profit organization with a business address of 24474 Sunnymead Blvd., Moreno Valley, CA 92557 as stated on the City of Moreno Valley Business License.
2. Purpose: General Management Policy 2.13, Section III specifies sponsorships eligible for fee waiver is strictly limited only to cultural or recreational events.
On four prior occasions, the City Council approved the request for sponsorship, interpreting this event to be inclusive of the policy. The proposed event is a public event that offers economic benefits to veterans and small business owners, job seekers, and veterans seeking to pursue business opportunities.
ALTERNATIVES
1. Approve the request for sponsorship funds by the Southwest Veterans’ Business Resource Center based on criteria prescribed in the City’s Sponsorship Policy.
Staff recommends this alternative.
2. Find that the event is not eligible for a fee waiver as described in the policy and decline SVBRC’s request for a fee waiver of the Conference and Recreational Center. Staff does not recommend this alternative.
FISCAL IMPACT
Should the Council approve the City sponsorship, funding will be provided from the Parks Operating Fund.
NOTIFICATION
Posting of the agenda.
PREPARATION OF STAFF REPORT
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Prepared By: Department Head Approval:
Donna Meester Jeremy Bubnick
Parks & Community Services Deputy Director Parks & Community Services Director
CITY COUNCIL GOALS
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
Objective 5.5: Promote a healthy community and lifestyle.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. 2022 SWVBRC City Sponsorship Application
2. 2022 SWVBRC coverletter
3. 2022 SWVBRC summit budget
4. 2022 27Sep22 (11th Annual Veteran and Small Business Summit [HOLD])
5. 2022 Permit#R4397
6. Sponsorship Policy
APPROVALS
Budget Officer Approval ✓ Approved . 6/10/22 9:11 AM
City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 6/10/22 6:09 PM
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AP 2.36, Attachment A
City of Moreno Valley
Sponsorship Application Request – Local Events – Regional Events Applications must be filed at least 60 days prior to the event. All applications must be accompanied by a Special Event Permit and Application.
Application Information
1. Organization Name (if any): ______________________________________________________________
2. Non-Profit Federal Tax Identification Number: ________________________________________________
3. Event Title: ___________________________________________________________________________
4. Event Description: _____________________________________________________________________
5. Event Date: ________________ Start Time: _______________ End Time: ____________
6. Event will take place: City Park City Facility On a Public Street Other: __________________________________________________________
7. Is this a fund-raising event? Yes No
8. Provide information on the budget for this event:
Expected Income: $ __________________
Expected Expenses: $ __________________
Expected Net Profit: $ __________________
Expected Attendance: __________________
Entry Cost Charged to Participant: $ __________________
9. Funding Sources: ______________________________________________________________________
10. Amount of Funding: ____________________________________________________________________ 9 Attach a detailed copy of your event budget.
9 Attach a list of the organization’s Board Members including telephone numbers. 9 Attach a copy of your organization’s non-profit IRS tax status. 9 Request for parade must include a proposed parade route. 9 Request for park use must include a detailed diagram of park site.
I certify that all statements on this request are true and complete to the best of my knowledge.
Signature: _________________________________ Title: ___________________________________ Individual Name: ______________________________ Daytime Phone: __________________________ (Individual filling out this application)
Mailing Address: ______________________________ Evening Phone: __________________________ E-Mail Address: ______________________________ Fax Number: ____________________________ To be Completed by the City of Moreno Valley
Received by: _________________________________ Date Received: ___________________________ Authorized by: _______________________________ Date Authorized: __________________________ A.20.a
Packet Pg. 581 Attachment: 2022 SWVBRC City Sponsorship Application (5871 : REQUEST FOR CITY SPONSORSHIP OF SOUTHWEST VETERANS' BUSINESS Southwest Veterans’ Business Resource Center, Inc.
41593 Winchester Rd, Ste 200 Rm 264, Temecula, CA 92590 (760) 468-1315
www.WhereCommunitiesServeVeterans.org
May 10, 2022
David Flowers
Parks and Community Director
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92553
Re: Sponsorship Application Request
11th Annual Veteran and Small Business Summit
Dear David,
On behalf of the Board of Directors of the Southwest Veterans’ Business Resource Center, we respectfully seek the sponsorship of the City of Moreno Valley, California for the 11th Annual Veteran and Small Business Summit.
We have received and reviewed the City’s Policy on Event Sponsorships, and we are in compliance. It is understood that we must submit our Application, our last year’s budget, and a list of the Board Members are identified in this letter. We have a current business license and have physical presence in the City.
The Summit itself is a cultural event that is designed to yield civic improvement. Veteran and small businesses are connected to buyers, trainers, and one another for the purposes of networking and pursuing business opportunities. We will be honored with the 1st Marine Division Band to perform during opening remarks and during the noon honor, opened to the public.
If there is anything more we can provide for your review, let us know.
Please thank the City Council and the City Manager for their consideration.
Sincerely,
Albert R. Renteria
Albert R. Renteria, Founder and Chairman
Southwest Veterans’ Business Resource Center
www.WhereCommunitiesServeVeterans.com
www.VETS.training
760.468.1315, [email protected]
Founder, Chairman
Albert R. Renteria, CWO4 USMC (Ret)
Chairman and CEO, The ARRC™
Temecula, California
Board of Directors
Albert Lajeunesse
Stuggart, Germany
Namath Hahn
Menifee, CA
Executive Leadership
CEO
Albert R. Renteria
Temecula, CA
Advisory Board Members
Frank Libutti, LtGen USMC (Retired)
Westfield, New Jersey
John M. Moffett, Col USMC (Retired)
Vice President SAIC
San Diego, California
501(c)3 Federal Tax ID
26-2675027
Location
c/o The ARRC
41593 Winchester Rd Ste 200 Rm 264
Temecula, CA 92590
An all-volunteer national
non-profit California Corporation
A.20.b
Packet Pg. 582 Attachment: 2022 SWVBRC coverletter (5871 : REQUEST FOR CITY SPONSORSHIP OF SOUTHWEST VETERANS' BUSINESS RESOURCE EVENT BUDGET
SWVBRC'S 10TH ANNUAL VETERAN AND SMALL BUSINESS SUMMIT ‐ September 27, 2022 DESCRIPTION OF SERVICE OR PRODUCT COST SOURCE OF FUNDS
Pre‐Event Expenses
Apr 1 to Jun 30 ‐ Video/Social Media Blast $40,000 Corporate Sponsorship Jul 1 to Sep 30 ‐ Video/Social Media Blast $40,000 Corporate Sponsorship Oct 1 to ‐ Dec 31 Video/Social Media Blast $40,000 Corporate Sponsorship Jan 1 to Mar 31 ‐ Video/Social Media Blast $40,000 Corporate Sponsorship Graphic Design and Printed Materials $20,000 Corporate Sponsorship Staff (3) $75,000
Donated time of Founder, CEO and
Manager
Event‐Day Expenses
Facility/Venue $3,500 City of Moreno Valley
Inusrance $5,000 Exhibitor Registration
Safety/Security $2,500 Exhibitor Registration
Event Video $20,000 Corporate Sponsorship
Event Programs $2,500 Corporate Sponsorship
Staff on day of event $0 All Volunteer event staff
Miscellanous $4,000 TBD
Post‐event Expenses
Video/Social Media Blast $10,000 Corporate Sponsorship
Feedback survey $1,000 Corporate Sponsorship
Estimated Total Expenses: $303,500
Staff Investment $75,000
City of Moreno Valley Sponsorship $3,500
Video/Social Media/Marketing/Training $217,500
Exhibitors $7,500
Remaining Balance: $0
Corporate Sponsorships $20,000.00
The ARRC Sponsorhsips $283,500.00
TOTAL SPONSORSHIP $303,500.00
A.20.c
Packet Pg. 583 Attachment: 2022 SWVBRC summit budget (5871 : REQUEST FOR CITY SPONSORSHIP OF SOUTHWEST VETERANS' BUSINESS RESOURCE SWVBRC 12TH BOARD OF DIRECTORS
SWVBRC'S 10TH ANNUAL VETERAN AND SMALL BUSINESS SUMMIT ‐ September 27, 2022 Albert R. Renteria ‐ Chairman 760‐468‐1315
Albert La Jeunesse ‐ Member 760‐468‐1315
Natham Hahn ‐ Member 760‐468‐1315
A.20.c
Packet Pg. 584 Attachment: 2022 SWVBRC summit budget (5871 : REQUEST FOR CITY SPONSORSHIP OF SOUTHWEST VETERANS' BUSINESS RESOURCE A.20.d
Packet Pg. 585 Attachment: 2022 27Sep22 (11th Annual Veteran and Small Business Summit [HOLD]) (5871 : REQUEST FOR CITY SPONSORSHIP OF A.20.e
Packet Pg. 586 Attachment: 2022 Permit#R4397 (5871 : REQUEST FOR CITY SPONSORSHIP OF SOUTHWEST VETERANS' BUSINESS RESOURCE CENTER A.20.e
Packet Pg. 587 Attachment: 2022 Permit#R4397 (5871 : REQUEST FOR CITY SPONSORSHIP OF SOUTHWEST VETERANS' BUSINESS RESOURCE CENTER A.20.e
Packet Pg. 588 Attachment: 2022 Permit#R4397 (5871 : REQUEST FOR CITY SPONSORSHIP OF SOUTHWEST VETERANS' BUSINESS RESOURCE CENTER City of Moreno Valley General Management
Policy 2.13
CITY SPONSORSHIP
Approved by: City Council
9/24/02
Revised: 11/25/08
PURPOSE: City sponsorship is provided for the purpose of aiding eligible organizations in providing worthwhile community events by paying a portion of the costs and receiving positive publicity for the City. The purpose of this policy is to set forth criteria to be met by the applicant prior to consideration of the request for sponsorship, as well as policies and procedures to be followed by the City in acting on the request for sponsorship.
POLICY:
I. Sponsorship
The City of Moreno Valley receives numerous requests to sponsor or co-sponsor events, activities, individuals or groups. The City has limited resources available for these sponsorship opportunities. For that reason, it is the City’s policy to only sponsor or co-sponsor cultural or recreational events provided to the community by nonprofit organizations existing pursuant to Internal Revenue Code Section 501(c)(3) or (4) that are located within the City. Sponsorship is a discretionary act of the City that confers no legal rights in the sponsorship proceeds or assistance prior to actual delivery by the City. No organization shall receive any City sponsorship proceeds or assistance unless and until it meets all of the criteria and satisfies all of the conditions contained within this policy and said sponsorship requester has submitted a completed application packet to the satisfaction of the City Manager. Upon approval of the Sponsorship Application packet, the sponsorship request will be forwarded to the City Council for review and consideration.
II. Organization Eligibility
Criteria for organization eligibility for City sponsorship is as follows:
A. Applicant must be organized and existing pursuant to Internal Revenue Code Section 501(c)(3) or (4).
B. Applicant must have as its primary purpose charity, youth development, cultural enrichment, or civic improvement.
C. Applicant must be located within the City and providing services or benefits to the community.
D. Applicant must complete and comply with the application process.
E. Applicant must demonstrate a need for City sponsorship.
F. Past events by the applicant must have complied with City requirements and have been free of significant problems.
G. Applicant must have a valid City Business License.
III. Event Eligibility
Criteria for event eligibility are as follows:
A. Fundraising shall not be the primary purpose of the event.
B. Cultural or recreational events only.
C. Past similar events by the applicant must have complied with City requirements and have been free of A.20.f
Packet Pg. 589 Attachment: Sponsorship Policy (5871 : REQUEST FOR CITY SPONSORSHIP OF SOUTHWEST VETERANS' BUSINESS RESOURCE CENTER City of Moreno Valley General Management
Policy 2.13
CITY SPONSORSHIP
Approved by: City Council
9/24/02
Revised: 11/25/08
significant problems.
D. Open to the general public without qualification and must be widely publicized.
E. Located within the City including the City sphere of influence March Air Reserve Base, March Joint Powers Authority property, and Box Springs Park.
IV. Sponsorship Limitations
Sponsorship proceeds or assistance shall not result in any money being actually given to or paid in behalf of the event organizer. Sponsored events will only receive a “line of credit” with the City that will allow the group to receive credits of City costs up to the designated amount of the sponsorship for the event. Eligible City costs that can be offset by the sponsorship proceeds or assistance up to the maximum amount of the sponsorship are limited to the following:
A. Mobile stage rental. (A monetary deposit by the applicant will be required.) B. Facility rental. (A monetary deposit by the applicant will be required.) C. Light or electric pole use in City parks.
D. City Permits.
E. Public Safety Services.
F. City Staff.
V. Sponsorship Amounts
The amount of sponsorship proceeds or assistance shall be determined as follows:
A. Depending on availability of resources, the City will budget $5,000 per fiscal year to be used for sponsorship opportunities.
B. The maximum sponsorship for any qualified organization and event shall not exceed $2,500 per fiscal year.
C. The maximum amount of sponsorship shall be directly proportional to the total attendance of the public at the sponsored event as follows:
1. 250 - 500 in attendance = $500 per event.
2. 501 - 750 in attendance = $750 per event.
3. 751 - 1,000 in attendance = $1,000 per event.
4. Over 1,001 in attendance = $2,500 per event.
In no case shall the sponsorship amount exceed fifty percent (50%) of the funds raised for the event.
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Packet Pg. 590 Attachment: Sponsorship Policy (5871 : REQUEST FOR CITY SPONSORSHIP OF SOUTHWEST VETERANS' BUSINESS RESOURCE CENTER City of Moreno Valley General Management
Policy 2.13
CITY SPONSORSHIP
Approved by: City Council
9/24/02
Revised: 11/25/08
D. Sponsorship amounts or assistance shall not be utilized to cover the cost of insurance.
VI. Application Process
A. Submit a completed City application (Attachment A) for sponsorship at least 90 calendar days prior to the event date. Failure to comply with this requirement shall be automatic grounds for denying sponsorship. The application shall include a detailed description or listing of the estimated funds, inkind donations and/or other assistance the organization will receive to support the organization and/or event.
B. A completed application means completion of the City application for sponsorship, attachment of all required additional documentation, payment of all fees, if applicable, and submission of whatever other information and/or documentation that may be requested by the City to make an informed decision.
C. Incomplete applications shall not be eligible for City sponsorship.
D. Applicants shall receive a copy of this policy at the time an application is made to the City.
VII. Approval
A. A determination shall be made by the City Manager or his/her designee, within 30 calendar days after submission of an application for sponsorship as to its completeness.
B. The City Manager shall refer the request for sponsorship to the City Council for determination.
Determinations on requests for sponsorship shall be made within 30 calendar days after submission of a completed application.
C. All decisions of the City Council regarding sponsorship shall be final.
VIII. Other Requirements
A. Applicant must agree in writing to defend and indemnify the City, the Moreno Valley Community Services District, the Community Redevelopment Agency of the City of Moreno Valley and their officers, employees and agents from and against any and all liability and claims of liability arising out of or otherwise arising from the event.
B. Applicant shall submit to the City at least 10 calendar days prior to the event an event implementation plan, if requested by the City. The event implementation plan shall address in detail all issues requested by the City.
C. Applicant shall agree to list the City of Moreno Valley as an official sponsor of the event in all promotion of the event. Failure to do so shall result in termination of the sponsorship and repayment to the City the monetary value of all sponsorship proceeds or assistance delivered to the applicant or for the event.
D. Applicant shall coordinate and work directly with the City Manager or his/her designee for use of the City name and City logo.
A.20.f
Packet Pg. 591 Attachment: Sponsorship Policy (5871 : REQUEST FOR CITY SPONSORSHIP OF SOUTHWEST VETERANS' BUSINESS RESOURCE CENTER City of Moreno Valley General Management
Policy 2.13
CITY SPONSORSHIP
Approved by: City Council
9/24/02
Revised: 11/25/08
E. Applicant must have adequate public liability and other necessary insurance for the event as required by and in accordance with City insurance requirements or as otherwise determined necessary by the City Risk Manager.
F. All insurance must be issued by a company authorized and licensed to do business within the State of California and has a Best’s Insurance Rating of A-, VII, or better to be acceptable to the City.
G. City, the Moreno Valley Community Services District, the Moreno Valley Community Redevelopment Agency, and their officers, employees, and agents must be named as additional insured on all policies of insurance.
H. Applicant must provide City with insurance certificates and valid additional insured endorsements or other appropriate insurance binder 15 calendar days prior to the date of the sponsored event.
I. Applicant shall provide the City with a detailed accounting of all expenses and funds, in-kind donations, and/or other assistance collected for the organization and/or event within 90 days following the event. Failure to provide the required information would deem the organization and/or event ineligible for City sponsorship in the future.
IX. Sponsorship Not Subject To This Policy
This policy shall not apply to events or organizations that are specifically budgeted for in the City’s Annual Budget.
A.20.f
Packet Pg. 592 Attachment: Sponsorship Policy (5871 : REQUEST FOR CITY SPONSORSHIP OF SOUTHWEST VETERANS' BUSINESS RESOURCE CENTER Report to City Council
ID#5839 Page 1
TO: Mayor and City Council
FROM: Jeremy Bubnick, Parks & Community Services Director AGENDA DATE: June 21, 2022
TITLE: FIRST AMENDMENT WITH NEW CINGULAR WIRELESS
PCS, LLC, A DELAWARE LIMITED LIABILITY COMPANY,
FOR 'SUB-LICENSE AGREEMENT’ WITH DISH NETWORK
CORPORATION
RECOMMENDED ACTION
Staff recommends that the City Council authorize the Mayor to execute a First Amendment to the Telecommunications License Agreement with New Cingular Wireless PCS, LLC, a Delaware limited liability company, for a sublicense agreement with Dish Network Corporation on approximately 48 square feet of ground space at the existing cell facility on the property known as Weston Park.
SUMMARY
Staff recommends to execute a First Amendment to the Telecommunications License Agreement with New Cingular Wireless PCS, LLC, a Delaware limited liability company, for a sublicense agreement with Dish Network Corporation on approximately 48 square feet of ground space at the existing cell facility on the property known as Weston Park.
DISCUSSION
The proliferation of various personal communication devices makes additional cellular tower facilities necessary to meet consumer demand. Service providers are installing cellular towers in populated areas throughout the Southern California area to accommodate the populace. The current executed Telecommunications License Agreement with New Cingular Wireless PCS, LLC, a Delaware limited liability company, dated August 8, 2008, allows under the License Agreement on section thirteen for the right to sublease the cell facility to another communication provider.
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Crown Castle, representative for New Cingular Wireless PCS, LLC, met with the Parks and Community Services Department to review and discuss the requirements for both the City of Moreno Valley and Crown Castle to designate and design an area inside the current cell tower location for the installation of Dish Network Corporation’s antennas and equipment at Weston Park. A First Amendment to the Telecommunications License Agreement (TLA) was drafted, and negotiations were concluded as to the sublicense agreement. The First Amendment Agreement will provide $6,000 per year in lease revenue to the Parks and Community Services Department.
ALTERNATIVES
1. Authorize the Mayor to approve the First Amendment to the Telecommunications License Agreement with New Cingular Wireless PCS, LLC, a Delaware limited liability corporation, for a sublicense to Dish Network Corporation for approximately 48 square feet of ground space on the property known as Weston Park. This alternative would result in additional revenue to the City.
2. Do not authorize the Mayor to execute the First Amendment to the Telecommunications License Agreement with New Cingular Wireless PCS, LLC, a Delaware limited liability corporation, for a sublicense to Dish Network Corporation for approximately 48 square feet of ground space on the property known as Weston Park. This alternative would result in a loss of potential revenue to the City.
FISCAL IMPACT
The proposed agreement will provide revenue to the City of Moreno Valley in lease payments of $6,000 per year. The Sublicensee will pay a $500 per month for the Sublicense of the facility; this revenue will be credited to Parks Maintenance.
Revenue (1st Year)
Rental (Account No. 5011-50-57-35210-463080) .................................................$6,000 Total (1st Year) .....................................................................................................$6,000
NOTIFICATION
Posting of the agenda.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Dean Ristow Jeremy Bubnick
Parks Superintendent Director of Parks and Community Services
CITY COUNCIL GOALS
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Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Telecommunications First Amendment Dish v5 - Weston Park
2. Telecommunications License Executed Agreement Cingular - Weston Park
3. Memorandum of First Amendment Dish(856551)_v6 - Weston Park
APPROVALS
Budget Officer Approval ✓ Approved . 6/10/22 8:26 AM
City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 6/10/22 6:13 PM
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Site Name: RS0029-01Weston Park
Business Unit #: 856551 1
FIRST AMENDMENT TO
TELECOMMUNICATIONS LICENSE AGREEMENT
THIS FIRST AMENDMENT TO TELECOMMUNICATIONS LICENSE AGREEMENT (the “First Amendment”) is made effective this ____ day of ______________, 2022 (“Effective Date”), by and between THE CITY OF MORENO VALLEY, MORENO VALLEY COMMUNITY SERVICES DISTRICT (hereinafter referred to as “Licensor”) and NCWPCS MPL 35 - YEAR SITES TOWER HOLDINGS LLC, a Delaware limited liability company, by and through its Attorney In Fact, CCATT LLC, a Delaware limited liability company (hereinafter referred to as “Licensee”).
RECITALS
WHEREAS, Licensor and New Cingular Wireless PCS, LLC, a Delaware limited liability company (“Original Licensee”) entered into a Telecommunications License Agreement dated August 8, 2008 (the “License”) whereby Original Licensee leased certain real property, together with access and utility easements, located in Riverside County, California from Licensor (the “Premises”), all located within certain real property owned by Licensor (“Licensor’s Property”); and
WHEREAS, NCWPCS MPL 35 - Year Sites Tower Holdings LLC is currently the Licensee under the License as successor in interest to the Original Licensee; and WHEREAS, the Premises may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and
WHEREAS, the License had an initial term that commenced on November 4. 2008 and expired on November 3, 2013. The License provides for five (5) extensions of five (5) years each, two (2) of which were exercised by Licensee. According to the License, the final extension expires on November 3, 2038; and
WHEREAS, Licensor and Licensee desire to amend the License on the terms and conditions contained herein.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, Licensor and Licensee agree as follows:
1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in the License.
2. Consent to Sublicense. In accordance with Section 13 of the License, Licensor hereby acknowledges and agrees to the sublicense of a portion of the Premises, as expanded, to Dish Network Corporation or an affiliate or subsidiary (the “Dish Subtenant”) for purposes of installation, maintenance and replacement of equipment, antennas, cables, fiber, and related accessories on the Premises for the operation of a wireless communications facility thereon. As A.21.a
Packet Pg. 596 Attachment: Telecommunications First Amendment Dish v5 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, Site Name: RS0029-01Weston Park
Business Unit #: 856551 2
used herein, the term “sublease” includes any arrangement by which a third party can collocate its equipment at the Premises, whether it is by sublease, license, easement or any other agreement or arrangement.
3. First Additional Lease Area. The existing Premises is hereby expanded in size to include additional space, which consists of a forty eight (48) square foot parcel of real property adjacent to the existing Premises at a location more particularly described on Exhibit A-1 attached hereto and shown on the Site Plan attached hereto as Exhibit B (the “First Additional Lease Area”).
The Premises, as expanded, is described on Exhibit A-2 attached hereto. Notwithstanding anything to the contrary in this First Amendment, Licensee is not relinquishing any rights to any lease area, access easements, and/or utility easements that it possesses prior to the date of this First Amendment. In the event the location of any of Licensee’s or its sublessees’ existing improvements, utilities, and/or access routes are not depicted or described on the Site Plan and/or legal descriptions, Licensee’s leasehold rights and access and utility easement rights over such areas shall remain in full force and effect and the Premises shall be deemed to include such areas.
4. First Additional Rent. In consideration of the lease of the First Additional Lease Area, Licensee agrees to pay to Licensor fifty percent (50%) of the rental, license or similar payments actually received by Licensee from such Dish Subtenant (excluding any reimbursement of taxes, construction costs, installation costs, or revenue share reimbursement) (the “First Additional Rent”) within thirty (30) days after receipt of said payments by Licensee. Licensee shall have no obligation for payment to Licensor of such share of rental, license or similar payments if not actually received by Licensee. Non-payment of such rental, license or other similar payment by the Dish Subtenant shall not be an event of default under the License. Licensee shall have sole discretion as to whether, and on what terms, to sublease, license or otherwise allow occupancy of the Premises. Licensee shall pay to Licensor the First Additional Rent until the earlier of (i) the expiration of the term of License; or (ii) the expiration or termination of the sublease with the Dish Subtenant.
5. Right to Return the First Additional Lease Area. Licensee shall have the option, upon thirty (30) days prior written notice to Licensor, in its sole and absolute discretion, to return the First Additional Lease Area to the Licensor and to terminate the lease of the same by removing all improvements from the First Additional Lease Area and returning same to its condition as of the Effective Date, ordinary wear and tear excepted (the “Return of the First Additional Lease Area”). Effective upon removal of all improvements from the First Additional Lease Area, the First Additional Rent shall cease and will no longer be due or payable.
6. Representations, Warranties and Covenants of Licensor. Licensor represents, warrants and covenants to Licensee as follows:
a) Licensor is duly authorized to and has the full power and authority to enter into this First Amendment and to perform all of Licensor’s obligations under the License as amended hereby.
b) Licensee is not currently in default under the License, and to Licensor’s knowledge, no event or condition has occurred or presently exists which, with notice or the passage of time or both, would constitute a default by Licensee under the License.
A.21.a
Packet Pg. 597 Attachment: Telecommunications First Amendment Dish v5 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, Site Name: RS0029-01Weston Park
Business Unit #: 856551 3
c) Licensor agrees to provide such further assurances as may be requested to carry out and evidence the full intent of the parties under the License as amended hereby, and ensure Licensee’s continuous and uninterrupted use, possession and quiet enjoyment of the Premises under the License as amended hereby.
d) Licensor acknowledges that the Premises, as defined, shall include any portion of Licensor’s Property on which communications facilities or other Licensee improvements exist on the date of this First Amendment.
7. Notices. Licensee’s notice address as stated in Section 18B of the License is amended as follows:
If to Licensee:
NCWPCS MPL 35 - Year Sites Tower Holdings LLC
Legal Department
Attn: Network Legal
208 S. Akard Street
Dallas, TX 75202-4206
With a copy to:
CCATT LLC
Attn: Legal – Real Estate Department
2000 Corporate Drive
Canonsburg, PA 15317
8. IRS Form W-9. Licensor agrees to provide Licensee with a completed IRS Form W-9, or its equivalent, upon execution of this First Amendment and at such other times as may be reasonably requested by Licensee. In the event the Licensor’s Property is transferred, the succeeding Licensor shall have a duty at the time of such transfer to provide Licensee with a completed IRS Form W-9, or its equivalent, and other related paper work to effect a transfer in the rent to the new Licensor. Licensor’s failure to provide the IRS Form W-9 within thirty (30) days after Licensee’s request shall be considered a default and Licensee may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from rent payments.
9. Counterparts. This First Amendment may be executed in separate and multiple counterparts, each of which shall be deemed an original but all of which taken together shall be deemed to constitute one and the same instrument.
10. Remainder of License Unaffected. In all other respects, the remainder of the License shall remain in full force and effect. Any portion of the License that is inconsistent with this First Amendment is hereby amended to be consistent.
11. Recordation. Licensee, at its cost and expense, shall have the right to record a memorandum of this First Amendment in the Official Records at any time following the execution of this First Amendment by all parties hereto. In addition, Licensee shall have the right in its discretion, to record a notice of lease, affidavit or other form to be determined by Licensee without A.21.a
Packet Pg. 598 Attachment: Telecommunications First Amendment Dish v5 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, Site Name: RS0029-01Weston Park
Business Unit #: 856551 4
Licensor’s signature in form and content substantially similar to the memorandum, to provide record notice of the terms of this First Amendment.
[Signature pages follow]
A.21.a
Packet Pg. 599 Attachment: Telecommunications First Amendment Dish v5 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, Site Name: RS0029-01Weston Park
Business Unit #: 856551 5
Licensor and Licensee have caused this First Amendment to be duly executed on the day and year first written above.
LICENSOR:
THE CITY OF MORENO VALLEY,
MORENO VALLEY COMMUNITY
SERVICES DISTRICT
By:
Print Name:
Title:
Licensor affirms that this First Amendment
was approved at a duly noticed public
meeting held on ______________ 2022
[Licensee Execution Page Follows]
A.21.a
Packet Pg. 600 Attachment: Telecommunications First Amendment Dish v5 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, Site Name: RS0029-01Weston Park
Business Unit #: 856551 6
This First Amendment is executed by Licensee as of the date first written above.
LICENSEE:
NCWPCS MPL 35 - YEAR SITES TOWER
HOLDINGS LLC, a Delaware limited
liability company
By: CCATT LLC, a Delaware limited
liability company
Its: Attorney In Fact
By:
Print Name:
Title:
A.21.a
Packet Pg. 601 Attachment: Telecommunications First Amendment Dish v5 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, Site Name: RS0029-01Weston Park
Business Unit #: 856551 7
EXHIBIT A-1
(Legal Description of the First Additional Lease Area)
THAT PORTION OF LOTS 4 & 5, BLOCK 66 IN THE CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN IN BOOK OF MAPS 11, PAGE 10 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; COMMENCE AT A FOUND 4”X4” MONUMENT IN A HANDHOLE AT THE INTERSECTION OF THE CENTERLINES OF LASSELLE STREET AND DRACAEA AVENUE;
THENCE WITH THE CENTERLINE OF LASSELLE STREET NORTH 0°00'10" EAST, 482.26 FEET; THENCE DEPARTING THE CENTERLINE OF LASSELLE STREET SOUTH 89°59'50" EAST, 94.57 FEET;
THENCE NORTH 88°47'20" EAST, 26.10 FEET;
THENCE SOUTH 1°12'40" EAST, 26.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88°47'20" EAST, 6.00 FEET;
THENCE SOUTH 1°12'40" EAST, 8.00 FEET;
THENCE SOUTH 88°47'20" WEST, 6.00 FEET;
THENCE NORTH 1°12'40" WEST, 8.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 48 SQUARE FEET, OR 0.001 ACRES, MORE OR LESS.
A.21.a
Packet Pg. 602 Attachment: Telecommunications First Amendment Dish v5 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, Site Name: RS0029-01Weston Park
Business Unit #: 856551 8
EXHIBIT A-2
(Legal Description of the Premises, as expanded)
EXISTING PREMISES (also referred to as Existing Lease on Exhibit B) THAT PORTION OF LOTS 4 & 5, BLOCK 66 IN THE CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN IN BOOK OF MAPS 11, PAGE 10 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; COMMENCE AT A FOUND 4”X4” MONUMENT IN A HANDHOLE AT THE INTERSECTION OF THE CENTERLINES OF LASSELLE STREET AND DRACAEA AVENUE;
THENCE WITH THE CENTERLINE OF LASSELLE STREET NORTH 0°00'10" EAST, 482.26 FEET; THENCE DEPARTING THE CENTERLINE OF LASSELLE STREET SOUTH 89°59'50" EAST, 94.57 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 88°47'20" EAST, 26.10 FEET;
THENCE SOUTH 1°12'40" EAST, 38.20 FEET;
THENCE NORTH 88°47'20" EAST, 3.20 FEET;
THENCE SOUTH 1°12'40" EAST, 16.30 FEET;
THENCE SOUTH 88°47'20" WEST, 9.20 FEET;
THENCE NORTH 1°12'40" WEST, 6.50 FEET;
THENCE SOUTH 88°47'20" WEST, 9.50 FEET;
THENCE NORTH 1°12'40" WEST, 8.90 FEET;
THENCE SOUTH 88°47'20" WEST, 10.60 FEET;
THENCE NORTH 1°12'40" WEST, 39.10 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 1250 SQUARE FEET, OR 0.029 ACRES, MORE OR LESS.
DESCRIPTION OF PREMISES, AS EXPANDED BY FIRST ADDITIONAL LEASE AREA (also referred to as Tower Lease as Exhibit B
THAT PORTION OF LOTS 4 & 5, BLOCK 66 IN THE CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN IN BOOK OF MAPS 11, PAGE 10 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; COMMENCE AT A FOUND 4”X4” MONUMENT IN A HANDHOLE AT THE INTERSECTION OF THE CENTERLINES OF LASSELLE STREET AND DRACAEA AVENUE;
A.21.a
Packet Pg. 603 Attachment: Telecommunications First Amendment Dish v5 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, Site Name: RS0029-01Weston Park
Business Unit #: 856551 9
THENCE WITH THE CENTERLINE OF LASSELLE STREET NORTH 0°00'10" EAST, 482.26 FEET; THENCE DEPARTING THE CENTERLINE OF LASSELLE STREET SOUTH 89°59'50" EAST, 94.57 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 88°47'20" EAST, 26.10 FEET;
THENCE SOUTH 1°12'40" EAST, 26.00 FEET;
THENCE NORTH 88°47'20" EAST, 6.00 FEET;
THENCE SOUTH 1°12'40" EAST, 8.00 FEET;
THENCE SOUTH 88°47'20" WEST, 6.00 FEET;
THENCE SOUTH 1°12'40" EAST, 4.20 FEET;
THENCE NORTH 88°47'20" EAST, 3.20 FEET;
THENCE SOUTH 1°12'40" EAST, 16.30 FEET;
THENCE SOUTH 88°47'20" WEST, 9.20 FEET;
THENCE NORTH 1°12'40" WEST, 6.50 FEET;
THENCE SOUTH 88°47'20" WEST, 9.50 FEET;
THENCE NORTH 1°12'40" WEST, 8.90 FEET;
THENCE SOUTH 88°47'20" WEST, 10.60 FEET;
THENCE NORTH 1°12'40" WEST, 39.10 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 1298 SQUARE FEET, OR 0.030 ACRES, MORE OR LESS.
NON-EXCLUSIVE ACCESS & UTILITY EASEMENT
A 6.00 FOOT WIDE STRIP OF LAND OVER THAT PORTION OF LOTS 4 & 5, BLOCK 66 IN THE
CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN IN BOOK OF MAPS 11, PAGE 10 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING 3.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCE AT A FOUND 4”X4” MONUMENT IN A HANDHOLE AT THE INTERSECTION OF THE CENTERLINES OF LASSELLE STREET AND DRACAEA AVENUE;
THENCE WITH THE CENTERLINE OF LASSELLE STREET NORTH 0°00'10" EAST, 482.26 FEET; THENCE DEPARTING THE CENTERLINE OF LASSELLE STREET SOUTH 89°59'50" EAST, 94.57 FEET;
A.21.a
Packet Pg. 604 Attachment: Telecommunications First Amendment Dish v5 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, Site Name: RS0029-01Weston Park
Business Unit #: 856551 10
THENCE NORTH 88°47'20" EAST, 26.10 FEET;
THENCE SOUTH 1°12'40" EAST, 38.20 FEET;
THENCE NORTH 88°47'20" EAST, 6.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 1°12'40" EAST, 8.16 FEET;
THENCE NORTH 89°12'58" EAST, 45.65 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 27.50 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°46'53", AN ARC LENGTH OF 16.69 FEET TO THE BEGINNING OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 32.50 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 66°08'54", AN ARC LENGTH OF 37.52 FEET TO THE BEGINNING OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 27.50 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 61°53'25", AN ARC LENGTH OF 29.71 FEET TO THE BEGINNING OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 22.50 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63°21'40", AN ARC LENGTH OF 24.88 FEET TO A POINT OF TANGENCY;
THENCE NORTH 56°22'42" EAST, 17.25 FEET TO THE POINT OF TERMINUS ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF MOHICAN DRIVE.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS
NECESSARY TO ELIMINATE ANY GAPS AND OVERLAPS OVER THE TOWER LEASE AREA AND SOUTHWESTERLY RIGHT OF WAY LINE OF MOHICAN DRIVE.
CONTAINING 1079 SQUARE FEET, OR 0.025 ACRES, MORE OR LESS.
A.21.a
Packet Pg. 605 Attachment: Telecommunications First Amendment Dish v5 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, Site Name: RS0029
-01Weston Park
Business Unit #: 856551 11
EXHIBIT B
(Site Plan)
A.21.a
Packet Pg. 606 Attachment: Telecommunications First Amendment Dish v5 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, RS0029-01 WESTON PARK
856551
13156 LASSELLE STREET
MORENO VALLEY, CALIFORNIA 92555
RIVERSIDE COUNTY
SURVEY PERFORMED FOR:
SURVEY PERFORMED BY:
SURVEY COORDINATED BY:
SURVEYOR'S CERTIFICATION:
I HEREBY CERTIFY TO CROWN CASTLE USA INC. INCLUDING
ITS PARENTS, SUBSIDIARIES AND AFFILIATED ENTITIES.
LEASE AREA ZONING:
LEASE AREA FLOOD NOTE:
BASIS OF NORTH:
NOTES:
SITE INFORMATION:
Name
TOWER SURVEY
SITE LOCATED IN:
REV DATE DESCRIPTION DRWN BUN
Address
County
SHEET TITLE:
GEOLINE SURVEYING, INC.
13430 NW 10th Terrace, Suite A, Alachua, FL 32615
Tele: (386) 418-0500 | Fax: (386) 462-9986
1500 Corporate Drive
Canonsburg, PA 15317
NV5
3550 W. MARKET ST., SUITE 200, AKRON, OH 44333
Tele: (800) 787-8397 | www.NV5.com
PART OF LOTS 4 & 5, BLOCK 66, MAP BOOK 11 PAGE 10
TOWER SURVEY
856551
RS0029-01 WESTON PARK
13156 LASSELLE STREET
MORENO VALLEY, CALIFORNIA 92555
RIVERSIDE COUNTY
LEGEND X
PB
RS M
ADDITIONAL LAND
BUILDING
ASPHALT PAVEMENT
CONTOUR - MAJOR
CONTOUR - MINOR
EASEMENT
GUIDERAIL
JURISDICTION LINE
PROPERTY LINE
PROPERTY TIE
RIGHT OF WAY
SETBACK
TREELINE WETLAND
RAILROAD TRACKS
CENTERLINE
ROAD CENTERLINE
STREAM
STREAM (DIRECTIONAL)
DITCH
CHANNEL
FENCE
CABLE TV
CABLE U.G.
COMBINED SEWER
CABLE TV & ELEC
ELECTRIC
ELECTRIC U.G. FIBER
FIBER U.G.
GAS
SEWER
STORM
TELEPHONE
TELEPHONE U.G.
UNKNOWN UTILITY WATER
IP / REBAR MONU
IP / REBAR - MONU- FOUND
CASED MONU
CASED MONU - FOUND
TRAVERSE POINT
SURVEY POINT
GRAVEL DIRT CONCRETE
RETAINING WALL
STAIRS
DOOR / GATE
DOUBLE DOOR / GATE
GATE - SLIDING
SIGNS
MAILBOX
COLUMN
UTILITY POLE
POLE
BOLLARD
METAL PLATFORM
CULVERT
HVAC
FUEL TANKS GENERATOR
TRAFFIC SIGNAL CONTR.
TRANSFORMER
TRANSFORMER PAD
CATCH BASIN
INLET
UTILITY VAULT MANHOLE
HANDHOLE
PULL BOX
PEDESTAL
RISER METER
VALVE CLEANOUT
JUNCTION BOX
PUMP STATION
UTILITY BOX
CONTROLLER
FIRE HYDRANT
FLAG POLE
SHRUB
TREE - PALM
TREE - CONIFEROUS
TREE - DECIDUOUS
GUYED POLE
TOPO - HIGH POINT
TOPO - LOW POINT
PROPERTY TIE
CTV
CU
CS
CTV-E E
EU
FO
FOUGS
STMT
TU
UNK WPL
CABLE, ELEC & TELE U.G. CTV-E-TU
CABLE, ELEC & TELE CTV-E-T
CABLE TV & ELEC U.G. CTV-EU
C.L.
TOWER EASEMENT
PARENT PROPERTY PL
BREAKLINE MATCH LINE
LIGHTPOLE
SITE LOCATION
SURVEY PROCEDURES & EQUIPMENT
THE ACCURACY OF THIS SURVEY MEETS OR EXCEEDS THE
MINIMUM STANDARDS AS REQUIRED BY CALIFORNIA
REQUIREMENTS FOR BOUNDARY SURVEYS.
INSTRUMENTS USED:
- SPECTRA PRECISION SP60 GNSS RECEIVER USING THE
SMARTNET VRS NETWORK
- TRIMBLE S6 SERIES ROBOTIC TOTAL STATION
CONTENTS
VICINITY MAP - NTS
ABBREVIATIONS
DISCONNECT SWITCH
COVER SHEET
AREA SUMMARY
AREA SQ. FT. ACRES
A.21.a
Packet Pg. 607 Attachment: Telecommunications First Amendment Dish v5 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, D R A C A E A A V E. N 00° 00' 10" E - 685.00' L A S S E L L E S T.
U T E D R.
M O H I C A N D R. 482.26' 1
L1 0 50 100 FT SCALE: 1" = 100'
PROPERTY OVERVIEW
RS0029-01 WESTON PARK
856551
13156 LASSELLE STREET
MORENO VALLEY, CALIFORNIA 92555
RIVERSIDE COUNTY
TOWER SURVEY
SITE INFORMATION:
Name
SITE LOCATED IN:
REV DATE DESCRIPTION DRWN BUN
Address
County
SHEET:
PART OF LOTS 4 & 5, BLOCK 66, MAP BOOK 11, PAGE 10
SURVEY PERFORMED FOR:
1500 Corporate Drive
Canonsburg, PA 15317
PROPERTY INFORMATION
PARENT PARCEL 1
CITY OF MORENO VALLEY COMMUNITY SERVICES
DISTRICT ZONE A
ADDRESS: NOT PROVIDED
DEED: NOT PROVIDED
APN: 487-350-001
13156 LASSELLE STREET
MORENO VALLEY, CA 92555
AREA SUMMARY
AREA SQ. FT. ACRES
A.21.a
Packet Pg. 608 Attachment: Telecommunications First Amendment Dish v5 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, U T E D R I V E L A S S E L L E S T R E E T M O H I C A N D R I V E N 00° 00' 10" E 482.26' S 89° 59' 50" E 94.57' L2
L1
L3 L4L5 C1
C2
C3
C4 L6 0 15 30 FT SCALE: 1" = 30'
RS0029-01 WESTON PARK
856551
13156 LASSELLE STREET
MORENO VALLEY, CALIFORNIA 92555
RIVERSIDE COUNTY
TOWER SURVEY
SITE INFORMATION:
Name
SITE LOCATED IN:
REV DATE DESCRIPTION DRWN BUN
Address
County
SHEET:
PART OF LOTS 4 & 5, BLOCK 66, MAP BOOK 11, PAGE 10
SURVEY PERFORMED FOR:
1500 Corporate Drive
Canonsburg, PA 15317
EASEMENT ACCESS OVERVIEW
A.21.a
Packet Pg. 609 Attachment: Telecommunications First Amendment Dish v5 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, L1 L2
L3 L4
L7 L8
L9 L10
L5 L6
L12 L15 L11 L13
L14 L16
S 89° 59' 50" E 94.57'
SITE BOUNDARY
RS0029-01 WESTON PARK
856551
13156 LASSELLE STREET
MORENO VALLEY, CALIFORNIA 92555
RIVERSIDE COUNTY
TOWER SURVEY
SITE INFORMATION:
Name
SITE LOCATED IN:
REV DATE DESCRIPTION DRWN BUN
Address
County
SHEET:
PART OF LOTS 4 & 5, BLOCK 66, MAP BOOK 11, PAGE 10
SURVEY PERFORMED FOR:
1500 Corporate Drive
Canonsburg, PA 15317 0 5 10 FT SCALE: 1" = 10'
LINE TABLE
LINE DIRECTION LENGTH
A.21.a
Packet Pg. 610 Attachment: Telecommunications First Amendment Dish v5 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, A.21.b
Packet Pg. 611 Attachment: Telecommunications License Executed Agreement Cingular - Weston Park (5839 : First Amendment with New Cingular Wireless Licensor would not enter into this License. Therefore, Licensee shall not · voluntarily, involuntarily, or by operation of laws, sublicense all or any part of the Premises or allow it to be assigned or sublicensed to any person or entity other than Licensee except as otherwise permitted under Section 13.
E. Licensee shall not voluntarily, involuntarily, or by operation of laws, sublicense all or any part of the Premises or allow it to be sublicensed, to any person or entity other than Licensee (except as otherwise permitted under Section 13) without the prior written approval of Licensor, which approval will not be unreasonably withheld, delayed or conditioned. In the event Licensee sublicenses or permits the collocation of equipment or antenna space within the Premises or on Licensee's pole to a communications carrier unaffiliated to Licensee, the Rent (as defined below) due under this License shall increase by an amount equal to Fifty Percent (50%) of the current rent at the time of the sublicensing or collocation for each month the additional carrier's equipment is located within the Premises or on the pole. Notwithstanding anything in this License to the contrary, nothing in this License shall prohibit the shared use of Licensee's Facilities (as defined below) with another party pursuant to a strategic alliance, roaming, or other agreement with Licensee; provided, however, such third party does not install any equipment in or upon the Premises.
3. Conditions Precedent.
This License is conditioned upon Licensee obtaining all necessary federal, state, or local governmental permits and approvals enabling Licensee to construct and operate mobile/wireless communications facilities on the Premises.
4. Term.
This License is binding and in effect upon full execution and delivery by Licensor and Licensee. The term of this License ("Term") shall be five (5) years commencing sixty (60) days after Licensee has obtained all permits and approvals necessary to construct and operate Licensee's Facilities (as defined in Section 68 below) on the Premises ("Commencement Date").
Licensee shall have the right to extend the Term of this License for five (5) additional terms ("Renewal Term") of five (5) years each. The terms and conditions for the Renewal Term shall be the same terms and conditions of this License, except that the Rent shall be increased as set forth in Section 5.
This License shall automatically be extended for each successive five (5) year Renewal Term unless notice is provided in writing of Licensor's, or Licensee's intention not to extend this License at least thirty (30) days but not more than 180 days prior to the expiration of the first five year Term or any Renewal Term.
2 A.21.b
Packet Pg. 612 Attachment: Telecommunications License Executed Agreement Cingular - Weston Park (5839 : First Amendment with New Cingular Wireless At the expiration of the final Renewal Term of the License Agreement, Licensor and Licensee, at their option, shall renegotiate the License Agreement.
5. Rent.
A. In consideration of the rights granted by this License, upon the Commencement Date and throughout the initial Term of this License, Licensee shall pay Licensor the sum of Thirty Thousand Dollars ($30,000.00) per year as rent ("Rent"). Rent shall be payable on the Commencement Date, in advance, in monthly installments of Two Thousand Five Hundred Dollars ($2,500.00)*,plus maintenance fee to Licensor at the address specified in Section 18 below. The rent shall increase at a rate of 3% each year on the anniversary date of the Commencement Date, for the remaining term of the License Agreement.
B. * Rent is assessed based on a building size (including roofline) not exceeding 400 square feet, and one telecommunication tower. Buildings exceeding 400 square feet will be assessed at an initial rate of $5.00 a square foot. Buildings less than 400 square feet will be assessed initial Rent of Two Thousand Dollars ($2,000.00). The building design submitted by the Licensee is 500 square feet at roofline.
C. If the Rent is not received by Licensor on or before the fifteenth (15th) day following the due date, it shall be deemed delinquent. If the Rent is not paid before delinquency, then the amount due and unpaid shall be subject to a late charge at the rate of five percent (5%) of the overdue amount, without limitation to Licensor's other rights and remedies under this License.
D. Licensee may request to expand the Premises. Licensee must submit plans showing the proposed use beyond the existing square footage, and if determined to be in Licensor's best interests, Licensor will provide written consent, which consent will not be unreasonably withheld, conditioned, or delayed. Rent shall be increased in proportion to the extra square footage included in the revised Premises.
6. Improvements; Access.
A. Licensee shall have the right (but not the obligation) at any time following the full execution and delivery of this License and prior to the Commencement Date, to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for Licensee's Facilities (as defined herein) and for the purpose of preparing for the construction of Licensee's Facilities. During any Tests or pre-construction work, Licensee will have in effect the insurance required in Section 12, Insurance.
Licensee will notify Licensor of any proposed Tests or pre-construction 3 A.21.b
Packet Pg. 613 Attachment: Telecommunications License Executed Agreement Cingular - Weston Park (5839 : First Amendment with New Cingular Wireless A.21.b
Packet Pg. 614 Attachment: Telecommunications License Executed Agreement Cingular - Weston Park (5839 : First Amendment with New Cingular Wireless A.21.b
Packet Pg. 615 Attachment: Telecommunications License Executed Agreement Cingular - Weston Park (5839 : First Amendment with New Cingular Wireless Licensee's exercise of such rights shall not cause undue inconvenience to the Licensor. Except in the event of an emergency (including equipment failure), Licensee shall provide a minimum of twenty-four (24) hours notice to the Owner and the City Parks Maintenance Division prior to access of the Premises for scheduled routine maintenance and other major work.
K. For additional access and utility rights beyond those provided to Licensee by Licensor in this License, it shall be the responsibility of Licensee to obtain and pay for all additional easements, rights of entry and all incidentals necessary to Licensee's operations upon the Premises.
L. Licensor shall maintain an access pathway from a public roadway to the Premises in a manner sufficient to allow access for Licensee's use of the Premises. Licensor shall be responsible for maintaining and repairing such access pathway, at its sole expense, except for any damage caused by Licensee's use of such access pathway; or replace damaged items. If Licensee causes any such damage, Licensee shall promptly repair all damages within ten (1 0) working days of Licensee's receipt of written notice from the Licensor. If the Licensee fails to make such repair or replacement within ten (1 0) working days of Licensee's receipt of written notice, the Licensor may cause the work to be done and the costs incurred thereby shall become the liability of the Licensee, and the Licensor shall be reimbursed said cost.
M. Licensee shall fully and promptly pay for all utilities used by Licensee for the use, operation and maintenance of Licensee's Facilities in the Premises.
N. Licensor shall be entitled to enter the Premises at any time to inspect Licensee's facilities for compliance with the terms of this License, and with all applicable Federal, state and local governmental regulations.
0. Licensor retains the right to access the Premises during the term of this License for any purpose that does not interfere with Licensee's use of the Premises as provided herein.
7. Maintenance; Landscaping
A. Licensee shall be responsible for repairing and maintaining Licensee's Facilities and any other improvements installed by Licensee on the Premises in a proper operating and reasonably safe condition. This shall include the repair of all damage incurred whether natural or man made.
B. Upon acceptance of the site improvements, Licensor shall be responsible for all graffiti removal and abatement at the Premises. Licensee shall pay a graffiti removal and landscape maintenance fee in the amount of One Hundred Dollars ($1 00.00) per month for said service. The abatement and landscape maintenance fee shall be noted as a separate line item. 6 A.21.b
Packet Pg. 616 Attachment: Telecommunications License Executed Agreement Cingular - Weston Park (5839 : First Amendment with New Cingular Wireless The graffiti removal and landscape maintenance fee shall increase at a rate of 3% each year, for the remaining term of the License Agreement.
8. Interference with Communications.
A. Licensee agrees to install equipment of types and frequencies which will not cause interference to the currently existing communications equipment (as configured) of Licensor, Licensor's vendors, or other pre-existing licensees or lessees of the Premises. In the event Licensee's equipment causes such interference, Licensee shall cooperate with Licensor in determining the source and will immediately take all steps necessary to correct and eliminate the interference. If said interference cannot be eliminated within forty-eight (48) hours after receipt of written notice from Licensor to Licensee of the existence of such interference and Licensor has reasonably determined Licensee's equipment to be the source of said interference, Licensee shall discontinue use of the equipment creating said interference. Licensee shall shut down the interfering equipment except for intermittent operation for the purpose of testing after performing any maintenance, repair, modification, replacement or other action for the purpose of correcting such interference. If such interference is not corrected within thirty (30) days after receipt of the aforesaid notice, Licensee shall remove the interfering equipment from the Premises. In the event that the cause of such interference cannot be pinpointed to a particular piece of equipment or system, Licensee shall disconnect the electric power and shut down all of its equipment until such time as the interference problem is corrected. If such interference is not corrected within thirty (30) days after receipt of the aforesaid notice, Licensee shall remove its equipment from the Premises within an additional ten (1 0) day period. Licensor shall not be liable to Licensee for any interruption of service of Licensee unless caused by Licensor or for interference with the operation of Licensee's equipment unless caused by Licensor.
B. Notwithstanding the foregoing, in the event that said interference interferes with Licensor's own equipment as configured and installed as of the installation of a Licensee's equipment and in Licensor's sole and reasonable judgment, said interference jeopardizes the safe operation of Licensor's operations, Licensee will be responsible for eliminating the interference within twenty-four (24) hours, upon becoming aware of such interference. Licensor reserves the right to disconnect power to the interfering equipment if Licensee is unable to eliminate said interference within twenty-four (24) hours of said notification.
C. Licensee has satisfied itself and hereby represents and warrants to Licensor that, to the best of Licensee's knowledge, no such interference shall result to the currently existing systems (as configured) of Licensor or other pre-existing licensees or lessees at the Premises. Licensee agrees to indemnify, hold harmless and defend Licensor against any claim or damage, including reasonable attorney's fees, arising out of such interference.
7 A.21.b
Packet Pg. 617 Attachment: Telecommunications License Executed Agreement Cingular - Weston Park (5839 : First Amendment with New Cingular Wireless A.21.b
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Packet Pg. 655 Attachment: Telecommunications License Executed Agreement Cingular - Weston Park (5839 : First Amendment with New Cingular Wireless A.21.b
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Packet Pg. 686 Attachment: Telecommunications License Executed Agreement Cingular - Weston Park (5839 : First Amendment with New Cingular Wireless Site Name: RS0029-01Weston Park Page 1
Business Unit #: 856551
Documentary Transfer Tax $ __________________
_____ Computed on full value of property
_____ Computed on full value less liens and
encumbrances remaining at time of sale
_____ Computed on full value of lease surpassing the
35 year term limit _______________
_____ Computed on leased area of the property
City of ______________ Unincorporated ___
Signature of Declarant or agent – Firm Name
PREPARED BY AND RECORDING
REQUESTED BY:
Weiss Brown, PLLC
6263 N. Scottsdale Rd., Suite 340
Scottsdale, AZ 85250
WHEN RECORDED MAIL TO:
NCWPCS MPL 35 - Year Sites Tower Holdings LLC
c/o Post Closing – Recording
8020 Katy Freeway
Houston, TX 77024
Space above this line for Recorder’s Use
A.P.N. 487-350-001 Prior recorded document(s) in Riverside County, California:
Original Lease Unrecorded
MEMORANDUM OF FIRST AMENDMENT TO
TELECOMMUNICATIONS LICENSE AGREEMENT
This document is exempt from the $75 Building Homes and Jobs Act Fee (per Government Code §27388.1) because:
Document is a transfer of real property subject to the imposition of transfertax Document is a transfer of real property that is a residential dwelling to an owner‐ occupier
Document is recorded in connection with an exempt transfer of real property (i.e., subject to transfer tax or owner‐occupied). If not recorded concurrently, provide recording date and document number of related transfer document:
Recording date Document Number
The $225 per transaction cap is reached
Document is not related to real property
A.21.c
Packet Pg. 687 Attachment: Memorandum of First Amendment Dish(856551)_v6 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, Site Name: RS0029-01Weston Park Page 2
Business Unit #: 856551
This Memorandum of First Amendment to Telecommunications License Agreement is made effective this _____ day of ___________, 2022 by and between THE CITY OF MORENO VALLEY, MORENO VALLEY COMMUNITY SERVICES DISTRICT (hereinafter referred to as “Licensor”) and NCWPCS MPL 35 - YEAR SITES TOWER HOLDINGS LLC, a Delaware limited liability company, by and through its Attorney In Fact, CCATT LLC, a Delaware limited liability company (hereinafter referred to as “Licensee”).
1. Licensor and New Cingular Wireless PCS, LLC, a Delaware limited liability company (“Original Licensee”) entered into a Telecommunications License Agreement dated August 8, 2008, a memorandum of which was recorded in the official records of Riverside County, California (“Official Records”) on at Instrument No. (the “Original License”) whereby Original Licensee leased certain real property, together with access and utility easements, located in Riverside County, California from Licensor (the “Premises”), all located within certain real property owned by Licensor (“Licensor’s Property”). Licensor’s Property, of which the Premises is a part, is more particularly described on Exhibit B attached hereto.
2. NCWPCS MPL 35 - Year Sites Tower Holdings LLC is currently the Licensee under the License as successor in interest to the Original Licensee.
3. The License had an initial term that commenced on November 4. 2008 and expired on November 3, 2013. The License provides for five (5) extensions of five (5) years each, two (2) of which were exercised by Licensee (each extension is referred to as a “Renewal Term”).
According to the License, the final Renewal Term expires November 3, 2038.
4. Licensor and Licensee have entered into a First Amendment to Telecommunications License Agreement (the “First Amendment”), of which this is a Memorandum, wherein the Premises was expanded by an additional area of forty eight (48) square feet. A metes and bounds description of the Premises, as expanded, is attached hereto as Exhibit A.
5. The terms, covenants and provisions of the First Amendment shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Licensor and Licensee.
6. This Memorandum does not contain the social security number of any person.
7. A copy of the First Amendment is on file with Licensor and Licensee. [Execution Pages Follow]
A.21.c
Packet Pg. 688 Attachment: Memorandum of First Amendment Dish(856551)_v6 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, Site Name: RS0029-01Weston Park Page 3
Business Unit #: 856551
IN WITNESS WHEREOF, hereunto and to duplicates hereof, Licensor and Licensee have caused this Memorandum to be duly executed on the day and year first written above.
LICENSOR:
THE CITY OF MORENO VALLEY,
MORENO VALLEY COMMUNITY
SERVICES DISTRICT
By:
Print Name:
Title:
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF )
) ss:
COUNTY OF )
On ___________________, 2022 before me, ____________________________________ (insert name and title of the officer), personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
[Seal]
A.21.c
Packet Pg. 689 Attachment: Memorandum of First Amendment Dish(856551)_v6 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, Site Name: RS0029-01Weston Park Page 4
Business Unit #: 856551
LICENSEE:
NCWPCS MPL 35 - YEAR SITES TOWER
HOLDINGS LLC, a Delaware limited liability
company
By: CCATT LLC, a Delaware limited
liability company
Its: Attorney In Fact
By:
Print Name:
Title:
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF )
) ss:
COUNTY OF )
On ___________________, 2022 before me, ____________________________________ (insert name and title of the officer), personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
[Seal]
A.21.c
Packet Pg. 690 Attachment: Memorandum of First Amendment Dish(856551)_v6 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, Site Name: RS0029-01Weston Park Page 5
Business Unit #: 856551
EXHIBIT A
(Legal Description of Premises)
DESCRIPTION OF PREMISES, AS EXPANDED
THAT PORTION OF LOTS 4 & 5, BLOCK 66 IN THE CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN IN BOOK OF MAPS 11, PAGE 10 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; COMMENCE AT A FOUND 4”X4” MONUMENT IN A HANDHOLE AT THE INTERSECTION OF THE CENTERLINES OF LASSELLE STREET AND DRACAEA AVENUE;
THENCE WITH THE CENTERLINE OF LASSELLE STREET NORTH 0°00'10" EAST, 482.26 FEET; THENCE DEPARTING THE CENTERLINE OF LASSELLE STREET SOUTH 89°59'50" EAST, 94.57 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 88°47'20" EAST, 26.10 FEET;
THENCE SOUTH 1°12'40" EAST, 26.00 FEET;
THENCE NORTH 88°47'20" EAST, 6.00 FEET;
THENCE SOUTH 1°12'40" EAST, 8.00 FEET;
THENCE SOUTH 88°47'20" WEST, 6.00 FEET;
THENCE SOUTH 1°12'40" EAST, 4.20 FEET;
THENCE NORTH 88°47'20" EAST, 3.20 FEET;
THENCE SOUTH 1°12'40" EAST, 16.30 FEET;
THENCE SOUTH 88°47'20" WEST, 9.20 FEET;
THENCE NORTH 1°12'40" WEST, 6.50 FEET;
THENCE SOUTH 88°47'20" WEST, 9.50 FEET;
THENCE NORTH 1°12'40" WEST, 8.90 FEET;
THENCE SOUTH 88°47'20" WEST, 10.60 FEET;
THENCE NORTH 1°12'40" WEST, 39.10 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 1298 SQUARE FEET, OR 0.030 ACRES, MORE OR LESS.
A.21.c
Packet Pg. 691 Attachment: Memorandum of First Amendment Dish(856551)_v6 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, Site Name: RS0029-01Weston Park Page 6
Business Unit #: 856551
NON-EXCLUSIVE ACCESS & UTILITY EASEMENT
A 6.00 FOOT WIDE STRIP OF LAND OVER THAT PORTION OF LOTS 4 & 5, BLOCK 66 IN THE
CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN IN BOOK OF MAPS 11, PAGE 10 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING 3.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCE AT A FOUND 4”X4” MONUMENT IN A HANDHOLE AT THE INTERSECTION OF THE CENTERLINES OF LASSELLE STREET AND DRACAEA AVENUE;
THENCE WITH THE CENTERLINE OF LASSELLE STREET NORTH 0°00'10" EAST, 482.26 FEET; THENCE DEPARTING THE CENTERLINE OF LASSELLE STREET SOUTH 89°59'50" EAST, 94.57 FEET;
THENCE NORTH 88°47'20" EAST, 26.10 FEET;
THENCE SOUTH 1°12'40" EAST, 38.20 FEET;
THENCE NORTH 88°47'20" EAST, 6.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 1°12'40" EAST, 8.16 FEET;
THENCE NORTH 89°12'58" EAST, 45.65 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 27.50 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°46'53", AN ARC LENGTH OF 16.69 FEET TO THE BEGINNING OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 32.50 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 66°08'54", AN ARC LENGTH OF 37.52 FEET TO THE BEGINNING OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 27.50 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 61°53'25", AN ARC LENGTH OF 29.71 FEET TO THE BEGINNING OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 22.50 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63°21'40", AN ARC LENGTH OF 24.88 FEET TO A POINT OF TANGENCY;
THENCE NORTH 56°22'42" EAST, 17.25 FEET TO THE POINT OF TERMINUS ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF MOHICAN DRIVE.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS
NECESSARY TO ELIMINATE ANY GAPS AND OVERLAPS OVER THE TOWER LEASE AREA AND SOUTHWESTERLY RIGHT OF WAY LINE OF MOHICAN DRIVE.
CONTAINING 1079 SQUARE FEET, OR 0.025 ACRES, MORE OR LESS.
A.21.c
Packet Pg. 692 Attachment: Memorandum of First Amendment Dish(856551)_v6 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, Site Name: RS0029-01Weston Park Page 7
Business Unit #: 856551
EXHIBIT B
(Legal Description of Licensor’s Property)
The land referred to herein is situated in the State of California, County of Riverside, described as follows:
Those portions of Lots 4 and 5 in Block 66 and that portion of Dracaea Avenue, as shown by Map No. 1 of Bear Valley and Alessandro Development Company on file in Book 11 of Maps, at
follows:
Commencing at the intersection of the centerline of said Dracaea Avenue with the center line of Lasselle Street as shown on said map;
Thence North 00° 00' 10" East along said centerline of Lasselle Street, a distance of 55.00 feet to a point therein;
Thence South 89° 59' 50" East, a distance of 50.00 feet for the True Point of Beginning, said point being in a line parallel with and distant 50.00 feet Easterly, measured at a right angle, from said centerline of Lasselle Street;
Thence North 00° 00' 10" East along said parallel line, a distance of 577.00 feet to a point therein.
Thence North 42° 37' 01" East, a distance of 33.97 feet to a point in a non tangent curve, concave to the Northwest, having a radius of 328.00 feet, the radial line at said point bears South 00° 00' 10" West;
Thence Northeasterly along said curve, to the left, through a central angle of 14° 15' 48", an arc distance of 81.65 feet to the end thereof;
Thence North 75° 44' 22" East, a distance of 16.04 feet; Thence South 60° 42' 07" East, a distance of 20.67 feet to a point in a nontangent curve, concave to the Northeast, having a radius of 840.00 feet, the radial line at said point bears South 72° 51' 24" West;
Thence Southeasterly along said curve, to the left, through a central angle of 23° 47' 19", an arc distance of 348.76 feet to a point of reverse curvature with a curve, concave to the Southwest, having a radius of 272.00 feet, the radial line at said point bears South 49° 04' 05" West; Thence Southeasterly along said last mentioned curve, to the right, through a central angle of 40° 55' 55", an arc distance of 194.32 feet to the end thereof; Thence South, a distance of 135.00 feet;
Thence South 45° 00' 00" West, a distance of 21.21 feet to a point in a line parallel with and Northerly 30.00 feet, measured at a right angle, from said centerline of Dracaea Avenue; Thence West along said parallel line, a distance of 334.00 feet; Thence North 42° 36' 46" West, a distance of 33.97 feet to the true point of beginning.
A.21.c
Packet Pg. 693 Attachment: Memorandum of First Amendment Dish(856551)_v6 - Weston Park (5839 : First Amendment with New Cingular Wireless PCS, LLC, Report to City Council
ID#5845 Page 1
TO: Mayor and City Council
FROM: Jeremy Bubnick, Parks & Community Services Director AGENDA DATE: June 21, 2022
TITLE: FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE
LIMITED LIABILITY COMPANY, FOR 'SUB-LEASE
AGREEMENT’ WITH DISH NETWORK CORPORATION
RECOMMENDED ACTION
Recommendation:
Authorize the Mayor to execute a First Amendment to the Telecommunications Lease Agreement with STC ONE, LLC, a Delaware limited liability company, for a sublease agreement with Dish Network Corporation on approximately 130 square feet of ground space at the existing cell facility on the property known as 10511 Village Road, Fire Station 48.
SUMMARY
Staff recommends that the City Council authorize the Mayor to execute a First Amendment to the Telecommunications Lease Agreement with STC ONE, LLC, a Delaware limited liability company, for a sublease agreement with Dish Network Corporation on approximately 130 square feet of ground space at the existing cell facility on the property known as 10511 Village Road, Fire Station 48.
DISCUSSION
The proliferation of various personal communication devices makes additional cellular tower facilities necessary to meet consumer demand. Service providers are installing cellular towers in populated areas throughout the Southern California area to accommodate the populace. The current executed Telecommunications Lease Agreement with Cox PCS Assets LLC, a Delaware limited liability company, dated April 29, 2002, and whereas STC ONE, LLC is the current Lessee under the Agreement as successor in interest to the Original Lease Agreement and, under the Original Lease Agreement on section five, Lessee has the right to sublease the cell facility to another A.22
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communication provider and will provide compensation monthly to the owner for the duration of the sublease agreement.
Crown Castle, representative for STC ONE, LLC, met with the Parks and Community Services Department to review and discuss the requirements for both the City of Moreno Valley and Crown Castle to designate and design an area inside the current cell tower location for the installation of Dish Network Corporation’s antennas and equipment at 10511 Village Road Fire Station 48. A First Amendment to the Telecommunications Lease Agreement (TLA) was drafted, and negotiations were concluded as to the sublease agreement. The First Amendment Agreement will provide $6,000 per year in lease revenue to the Fire Operations Department.
ALTERNATIVES
1. Authorize the Mayor to approve the First Amendment to the Telecommunications Lease Agreement with STC ONE, LLC, a Delaware limited liability corporation, for a sublease to Dish Network Corporation for approximately 130 square feet of ground space on the property known as 10511 Village Road Fire Station 48.
This alternative would result in additional revenue to the City.
2. Do not authorize the Mayor to execute the First Amendment to the Telecommunications Lease Agreement with STC ONE, LLC, a Delaware limited liability corporation, for a sublease to Dish Network Corporation for approximately 130 square feet of ground space on the property known as 10511 Village Road Fire Station 48. This alternative would result in a loss of potential revenue to the City.
FISCAL IMPACT
The proposed agreement will provide revenue to the City of Moreno Valley in lease payments of $6,000 per year. The Sublessee will pay a $500 per month for the Sublease of the facility; this revenue will be credited to Fire Operations.
Revenue (1st Year)
Rental (Account No. 1010-40-45-30110-463080) .................................................$6,000 Total (1st Year) .....................................................................................................$6,000
NOTIFICATION
Posting of the agenda.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
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Dean Ristow Jeremy Bubnick
Parks Superintendent Director of Parks and Community Services
CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Telecommunications First Amendment - 879943 SUNNYMEAD RANCH FS (2-4-22)
2. Memorandum of Amendment - 879943 SUNNYMEAD RANCH FS
3. Telecommunications 879943_Tower Survey
4. Telecommunications Executed Lease Agreement 879943FS48
APPROVALS
Budget Officer Approval ✓ Approved . 6/10/22 8:29 AM
City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 6/10/22 6:12 PM
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Site Name: SUNNYMEAD RANCH FS
Business Unit #: 879943
1 FIRST AMENDMENT TO PCS SITE AGREEMENT
THIS FIRST AMENDMENT TO PCS SITE AGREEMENT (this “First Amendment”) is entered into this ____ day of ______________, 2022 (“Effective Date”), by and between THE CITY OF MORENO VALLEY, a municipal corporation (“Owner”), with a mailing address of 14177 Frederick Street, Moreno Valley, California 92552-0805 and STC ONE LLC, a Delaware limited liability company, registered in California as TOWER COMPANY ONE LLC, by and through GLOBAL SIGNAL ACQUISITIONS II LLC, a Delaware limited liability company, its attorney in fact (“Lessee”), with a mailing address of 2000 Corporate Drive, Canonsburg, Pennsylvania 15317.
RECITALS
WHEREAS, Owner and Cox PCS Assets, L.L.C., a Delaware limited liability company (“Original Lessee”) entered into a PCS Site Agreement dated April 29, 2002 (the “Agreement”), a memorandum of which was recorded in the official records of Riverside County, California (“Official Records”) on June 3, 2002 at Document No. 2002-298060, whereby Original Lessee leased certain real property, together with access and utility easements, located in Riverside County, California from Owner (the “Site”), all located within certain real property owned by Owner (“Owner’s Property”); and
WHEREAS, STC One LLC, registered in California as Tower Company One LLC, is currently the lessee under the Agreement as successor in interest to Original Lessee; and WHEREAS, the Site may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and WHEREAS, the Agreement had an initial term that commenced on April 29, 2002, and expired on April 28, 2007. The Agreement provides for four (4) renewal terms of five (5) years each (each a “Renewal Term”), all four (4) of which were exercised by Lessee. According to the Agreement, the final Renewal Term expires on April 28, 2027; and
WHEREAS, Owner and Lessee desire to amend the Agreement on the terms and conditions contained herein.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, Owner and Lessee agree as follows:
1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. All references to the defined term “Cox” in the Agreement are hereby deleted and “Lessee” is inserted in its place.
2. First Additional Lease Area. The existing Site is hereby expanded in size to include additional space, which consists of an approximately ninety-five (95) square foot parcel of real property adjacent to the existing Site at a location more particularly depicted on Exhibit B-1 attached hereto (the “First Additional Lease Area”). Notwithstanding anything to the contrary in this First Amendment, Lessee is not relinquishing any rights to any lease area, access easements, and/or utility easements that it possesses prior to the date of this First Amendment. In the event the location of any of Lessee’s or A.22.a
Packet Pg. 697 Attachment: Telecommunications First Amendment - 879943 SUNNYMEAD RANCH FS (2-4-22) (5845 : FIRST AMENDMENT WITH STC ONE, Site Name: SUNNYMEAD RANCH FS
Business Unit #: 879943
2 its sublessees’ existing improvements, utilities, and/or access routes are not depicted or described on Exhibit B-1, Lessee’s leasehold rights and access and utility easement rights over such areas shall remain in full force and effect and the Site shall be deemed to include such areas.
3. Right to Return the First Additional Lease Area. Lessee shall have the option, upon thirty (30) days’ prior written notice to Owner, in its sole and absolute discretion, to return the First Additional Lease Area to Owner and to terminate the lease of the same by removing all improvements from the First Additional Lease Area and returning same to its condition as of the Effective Date, ordinary wear and tear excepted (the “Return of the First Additional Lease Area”).
4. DISH Collocation. Pursuant to Section 5 of the Agreement, Owner hereby consents to the collocation of DISH Wireless L.L.C. or its affiliate (the “DISH Subtenant”) at the Site (the “DISH Sublease”) and waives the requirements for additional rent for the DISH Subtenant or a separate ground lease with the DISH Subtenant set forth in Section 5 of the Agreement. In lieu of such requirements, Lessee shall pay to Owner the DISH Rent for the DISH Sublease as set forth below.
5. DISH Rent. If after full execution of this First Amendment, Lessee subleases, licenses or grants a similar right of use or occupancy in the Site to the DISH Subtenant, Lessee shall pay to Owner fifty percent (50%) of the rental, license or similar payments actually received by Lessee from the DISH Subtenant (excluding any reimbursement of taxes, construction costs, installation costs, or revenue share reimbursement) (the “DISH Rent”) within thirty (30) days after receipt of said payments by Lessee, commencing upon commencement of construction activities within the Site. Non-payment of such rental, license or other similar payment by the DISH Subtenant shall not be an event of default under the Agreement. If the DISH Sublease expires or terminates for any reason, Lessee shall no longer be obligated to pay the DISH Rent for the DISH Sublease. Lessee shall have sole discretion as to whether, and on what terms, to sublease, license or otherwise allow occupancy of the Site to the DISH Subtenant. There shall be no express or implied obligation for Lessee to sublease, license or otherwise allow occupancy of the Site to the DISH Subtenant.
6. Fencing. If the First Additional Lease Area is located outside of Lessee’s existing fenced compound, Lessee shall, at Lessee’s sole cost and expense, install a fence around the perimeter of the First Additional Lease Area; provided the fence materials and colors match the existing fence surrounding the Site. If the new fence color and materials do not match the existing fence, Lessee shall obtain Owner’s approval of the new fence colors and materials, which approval shall not be unreasonably withheld, conditioned or delayed; provided the colors and materials are approved by the appropriate zoning and permitting agency governing the Site. Lessee shall, at Lessee’s sole cost and expense, maintain the fence in good condition and repair.
7. Notices. Lessee’s notice address as stated in the Agreement is amended as follows:
Lessee: STC One LLC
Attn: Legal - Real Estate Department
2000 Corporate Drive
Canonsburg, PA 15317
Phone: (724) 416-2000
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Packet Pg. 698 Attachment: Telecommunications First Amendment - 879943 SUNNYMEAD RANCH FS (2-4-22) (5845 : FIRST AMENDMENT WITH STC ONE, Site Name: SUNNYMEAD RANCH FS
Business Unit #: 879943
3 8. Ratification.
a) Owner and Lessee agree that Lessee is the current tenant under the Agreement, the Agreement is in full force and effect, as amended herein, and the Agreement contains the entire agreement between Owner and Lessee with respect to the Site. b) Owner agrees that any and all actions or inactions that have occurred or should have occurred prior to the date of this First Amendment are approved and ratified and that no breaches or defaults exist as of the date of this First Amendment.
c) Owner represents and warrants that Owner is duly authorized and has the full power, right and authority to enter into this First Amendment and to perform all of its obligations under the Agreement as amended.
d) Owner acknowledges that the Site, as defined, shall include any portion of Owner’s Property on which communications facilities or other Lessee improvements exist on the date of this First Amendment.
9. Remainder of Agreement Unaffected. The parties hereto acknowledge that except as expressly modified hereby, the Agreement remains unmodified and in full force and effect. In the event of any conflict or inconsistency between the terms of this First Amendment and the Agreement, the terms of this First Amendment shall control. The terms, covenants and provisions of this First Amendment shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Owner and Lessee. This First Amendment may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.
10. Survey. Lessee reserves the right, at its discretion and at its sole cost, to obtain a survey (“Survey”) specifically describing the Site and any access and utility easements associated therewith.
Lessee shall be permitted to attach the Survey as an exhibit to this First Amendment and any related memorandum for recording, which shall update and replace the existing description, at any time prior to or after closing of this First Amendment.
11. Recordation. Lessee, at its cost and expense, shall have the right to record a memorandum of this First Amendment (“Memorandum”) in the Official Records at any time following the execution of this First Amendment by all parties hereto. In addition, Lessee shall have the right in its discretion, to record a notice of agreement, affidavit or other form to be determined by Lessee without Owner’s signature in form and content substantially similar to the Memorandum, to provide record notice of the terms of this First Amendment.
12. Electronic Signatures. Each party agrees that the electronic signatures of the parties included in this First Amendment are intended to authenticate this writing and to have the same force and effect as manual signatures. As used herein, “electronic signature” means any electronic sound, symbol, or process attached to or logically associated with this First Amendment and executed and adopted by a party with the intent to sign such First Amendment, including facsimile or email electronic signatures.
[Execution Pages Follow]
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Packet Pg. 699 Attachment: Telecommunications First Amendment - 879943 SUNNYMEAD RANCH FS (2-4-22) (5845 : FIRST AMENDMENT WITH STC ONE, Site Name: SUNNYMEAD RANCH FS
Business Unit #: 879943
4 This First Amendment is executed by Owner as of the date first written above.
OWNER:
THE CITY OF MORENO VALLEY,
a municipal corporation
By:
Print Name:
Print Title:
[Lessee Execution Page Follows]
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Packet Pg. 700 Attachment: Telecommunications First Amendment - 879943 SUNNYMEAD RANCH FS (2-4-22) (5845 : FIRST AMENDMENT WITH STC ONE, Site Name: SUNNYMEAD RANCH FS
Business Unit #: 879943
5 This First Amendment is executed by Lessee as of the date first written above.
LESSEE:
STC ONE LLC,
a Delaware limited liability company,
registered in California as TOWER COMPANY
ONE LLC
By: GLOBAL SIGNAL ACQUISITIONS II
LLC,
a Delaware limited liability company
Its: Attorney In Fact
By:
Print Name:
Print Title:
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Packet Pg. 701 Attachment: Telecommunications First Amendment - 879943 SUNNYMEAD RANCH FS (2-4-22) (5845 : FIRST AMENDMENT WITH STC ONE, Site Name: SUNNYMEAD RANCH FS
Business Unit #: 879943 EXHIBIT B-1
6 EXHIBIT B-1
First Additional Lease Area
First Additional Lease Area:
THAT PORTION OF THAT CERTAIN TRACT OR PARCEL OF LAND KNOWN AS LOT 12 AS SHOWN ON THAT SURVEY OF TRACT 17947 FILED FOR RECORD IN BOOK OF MAPS 135 ON PAGE 35 IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY IN THE STATE OF CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT A FOUND MONUMENT IN WELL AT THE CENTERLINE
INTERSECTION OF SUNNYMEAD RANCH PARKWAY AND VILLAGE ROAD AS SHOWN ON PARCEL MAP 27144, FILED FOR RECORD IN BOOK OF MAPS 178, PAGE 99 IN THE AFORESAID RECORDING OFFICE;
THENCE WITH THE CENTERLINE OF SUNNYMEAD RANCH PARKWAY NORTH 42° 43' 04" WEST, 208.05 FEET;
THENCE DEPARTING THE CENTERLINE OF SUNNYMEAD RANCH PARKWAY SOUTH 47° 16' 56" WEST, 62.52 FEET;
THENCE SOUTH 47° 43' 27" WEST, 15.83 FEET;
THENCE NORTH 42° 16' 33" WEST, 14.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 47° 43' 27" WEST, 14.57 FEET;
THENCE NORTH 42° 16' 33" WEST, 13.58 FEET;
THENCE SOUTH 84° 51' 35" EAST, 14.36 FEET;
THENCE NORTH 47° 43' 27" EAST, 4.85 FEET;
THENCE SOUTH 42° 16' 33" EAST, 3.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 95 SQUARE FEET, OR 0.002 ACRES, MORE OR LESS.
Tower Lease (the Site, as expanded by the First Additional Lease Area):
THAT PORTION OF THAT CERTAIN TRACT OR PARCEL OF LAND KNOWN AS LOT 12 AS SHOWN ON THAT SURVEY OF TRACT 17947 FILED FOR RECORD IN BOOK OF MAPS 135 ON PAGE 35 IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY IN THE STATE OF CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT A FOUND MONUMENT IN WELL AT THE CENTERLINE
INTERSECTION OF SUNNYMEAD RANCH PARKWAY AND VILLAGE ROAD AS SHOWN ON PARCEL MAP 27144, FILED FOR RECORD IN BOOK OF MAPS 178, PAGE A.22.a
Packet Pg. 702 Attachment: Telecommunications First Amendment - 879943 SUNNYMEAD RANCH FS (2-4-22) (5845 : FIRST AMENDMENT WITH STC ONE, Site Name: SUNNYMEAD RANCH FS
Business Unit #: 879943 EXHIBIT B-1
7 99 IN THE AFORESAID RECORDING OFFICE;
THENCE WITH THE CENTERLINE OF SUNNYMEAD RANCH PARKWAY NORTH 42° 43' 04" WEST, 208.05 FEET;
THENCE DEPARTING THE CENTERLINE OF SUNNYMEAD RANCH PARKWAY SOUTH 47° 16' 56" WEST, 62.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 47° 43' 27" WEST, 15.83 FEET;
THENCE NORTH 42° 16' 33" WEST, 14.33 FEET;
THENCE SOUTH 47° 43' 27" WEST, 14.57 FEET;
THENCE NORTH 42° 16' 33" WEST, 13.58 FEET;
THENCE NORTH 84° 51' 35" WEST, 8.28 FEET;
THENCE NORTH 47° 43' 27" EAST, 36.00 FEET;
THENCE SOUTH 42° 16' 33" EAST, 34.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 842 SQUARE FEET, OR 0.019 ACRES, MORE OR LESS.
Non-Exclusive Access & Utility Easement
THAT PORTION OF THAT CERTAIN TRACT OR PARCEL OF LAND KNOWN AS LOT 12 AS SHOWN ON THAT SURVEY OF TRACT 17947 FILED FOR RECORD IN BOOK OF MAPS 135 ON PAGE 35 IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY IN THE STATE OF CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT A FOUND MONUMENT IN WELL AT THE CENTERLINE
INTERSECTION OF SUNNYMEAD RANCH PARKWAY AND VILLAGE ROAD AS SHOWN ON PARCEL MAP 27144, FILED FOR RECORD IN BOOK OF MAPS 178, PAGE 99 IN THE AFORESAID RECORDING OFFICE;
THENCE WITH THE CENTERLINE OF SUNNYMEAD RANCH PARKWAY, NORTH 42° 43' 04" WEST, 33.00 FEET;
THENCE DEPARTING THE CENTERLINE OF SUNNYMEAD RANCH PARKWAY, SOUTH 47° 16' 56" WEST, 85.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 47° 16' 56" WEST, 20.00 FEET;
THENCE NORTH 42° 43' 04" WEST, 169.71 FEET;
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Packet Pg. 703 Attachment: Telecommunications First Amendment - 879943 SUNNYMEAD RANCH FS (2-4-22) (5845 : FIRST AMENDMENT WITH STC ONE, Site Name: SUNNYMEAD RANCH FS
Business Unit #: 879943 EXHIBIT B-1
8 THENCE SOUTH 47° 43' 27" WEST, 13.55 FEET;
THENCE NORTH 42° 16' 33" WEST, 39.67 FEET;
THENCE NORTH 47° 43' 27" EAST, 20.00 FEET;
THENCE SOUTH 48° 51' 35" EAST, 8.28 FEET;
THENCE SOUTH 42° 16' 33" EAST, 13.58 FEET;
THENCE NORTH 47° 43' 27" EAST, 14.57 FEET;
THENCE SOUTH 42°16'33" EAST, 14.33 FEET;
THENCE SOUTH 15° 50' 06" EAST, 14.73 FEET;
THENCE SOUTH 42° 43' 04" EAST, 162.03 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 4689 SQUARE FEET, OR 0.108 ACRES, MORE OR LESS.
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Packet Pg. 704 Attachment: Telecommunications First Amendment - 879943 SUNNYMEAD RANCH FS (2-4-22) (5845 : FIRST AMENDMENT WITH STC ONE, Site Name: SUNNYMEAD RANCH FS 1
Business Unit #: 879943
Documentary Transfer Tax $ __________________
__ Computed on full value of property
__ Computed on full value less liens & encumbrances remaining at time of ale __ Computed on full value of lease surpassing the 35-year term limit _______ __ Computed on leased area of the property
__ Exempt-remaining lease term with renewal options is 35 years or less Thrifty v. County of Los Angeles (1989) 210 Cal.App.3d 881
Signature of Declarant or agent
WHEN RECORDED RETURN TO:
STC One LLC
c/o Global Signal Acquisitions II LLC
8020 Katy Freeway
Houston, Texas 77024
Prepared by:
Parker Legal Group, PC
600 West Broadway, Suite 700
San Diego, California 92101
Space above this line for Recorder’s Use
APN: 260460009 Prior Recorded Document(s) in Riverside County, California:
June 3, 2002, at #2002-298060
MEMORANDUM OF AMENDMENT TO PCS SITE AGREEMENT
This Memorandum of Amendment to PCS Site Agreement is made effective this _____ day of ___________, 2020, by and between THE CITY OF MORENO VALLEY, a municipal corporation (“Owner”), with a mailing address of 14177 Frederick Street, Moreno Valley, California 92552-0805 and STC ONE LLC, a Delaware limited liability company, registered in California as TOWER COMPANY ONE LLC, by and through GLOBAL SIGNAL ACQUISITIONS II LLC, a Delaware limited liability company, its attorney in fact (“Lessee”), with a mailing address of 2000 Corporate Drive, Canonsburg, Pennsylvania 15317.
1. Owner and Cox PCS Assets, L.L.C., a Delaware limited liability company (“Original Lessee”) entered into a PCS Site Agreement dated April 29, 2002 (the “Agreement”) whereby Lessee leased certain real property, together with access and utility easements, located in Riverside County, California from Owner (the “Site”), all located within certain real property owned by Owner (“Owner’s Property”). Owner’s Property, of which the Site is a part, is more particularly described on Exhibit A attached hereto.
2. STC One LLC is currently the lessee under the Agreement as successor in interest to Original Lessee.
3. The Site may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto.
4. The Agreement had an initial term that commenced on April 29, 2002, and expired on April 28, 2007. The Agreement provides for four (4) renewal terms of five (5) years each (each a “Renewal Term”), all four (4) of which were exercised by Lessee. According to the Agreement, the final Renewal Term expires on April 28, 2027.
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Packet Pg. 705 Attachment: Memorandum of Amendment - 879943 SUNNYMEAD RANCH FS (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE Site Name: SUNNYMEAD RANCH FS
Business Unit #: 879943
2 5. Owner and Lessee have entered into a First Amendment to PCS Site Agreement (the “First Amendment”), of which this is a Memorandum.
6. By the First Amendment, Owner and Lessee expanded the Site to include additional space, which consists of approximately ninety-five (95) square feet of real property adjacent to the existing Site. Additional details of the foregoing expansion are set forth in the First Amendment.
7. In the event of any inconsistency between this Memorandum and the First Amendment, the First Amendment shall control.
8. The terms, covenants and provisions of the First Amendment shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Owner and Lessee.
9. This Memorandum does not contain the social security number of any person.
10. A copy of the First Amendment is on file with Owner and Lessee. [Execution Pages Follow]
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Packet Pg. 706 Attachment: Memorandum of Amendment - 879943 SUNNYMEAD RANCH FS (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE Site Name: SUNNYMEAD RANCH FS
Business Unit #: 879943
3 IN WITNESS WHEREOF, hereunto and to duplicates hereof, Owner and Lessee have caused this Memorandum to be duly executed on the day and year first written above.
OWNER:
THE CITY OF MORENO VALLEY,
a municipal corporation
By:
Print Name:
Print Title:
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF __________________________ )
On __________________ before me, _________________________________, Notary Public, personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
(Seal)
[Lessee Execution Page Follows]
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Packet Pg. 707 Attachment: Memorandum of Amendment - 879943 SUNNYMEAD RANCH FS (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE Site Name: SUNNYMEAD RANCH FS
Business Unit #: 879943
4 LESSEE:
STC ONE LLC,
a Delaware limited liability company,
registered in California as TOWER
COMPANY ONE LLC
By: GLOBAL SIGNAL ACQUISITIONS II
LLC,
a Delaware limited liability company
Its: Attorney In Fact
By:
Print Name:
Print Title:
State of Texas
County of ___________
Before me, __________________________, a Notary Public, on this day personally appeared ____________________________________, ________________________ of GLOBAL SIGNAL ACQUISITIONS II LLC, a Delaware limited liability company, as attorney in fact for STC ONE LLC, a Delaware limited liability company, registered in California as TOWER COMPANY ONE LLC, known to me (or proved to me on the oath of ____________ or through driver’s license, state id card, resident id card, military id card, or passport) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she/he executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this _____________ day of ___________, 20___. ______________________________
(Personalized Seal) Notary Public’s Signature
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Packet Pg. 708 Attachment: Memorandum of Amendment - 879943 SUNNYMEAD RANCH FS (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE Site Name: SUNNYMEAD RANCH FS EXHIBIT A
Business Unit #: 879943
5 EXHIBIT A
(Legal Description of Owner’s Property)
ALL THAT REAL PROPERTY LOCATED IN THE CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOT 12 OF TRACT NO. 17947, AS SHOWN ON MAP ON FILE IN BOOK 135 OF MAPS AT PAGES 35 THROUGH 49 THEREOF, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 12, SAID CORNER
BEING THE NORTHERLY TERMINUS OF THE CORNER CUT-BACK AT VILLAGE ROAD (LOT "E") AND SUNNYMEAD RANCH PARKWAY (LOT "B");
THENCE NORTH 43˚ 14' 30" WEST ON THE NORTHEASTERLY LINE OF SAID LOT 12, 191.00 FEET;
THENCE SOUTH 46° 45' 30" WEST, 187.00 FEET;
THENCE SOUTH 43° 14' 30'' EAST, 212.56 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 12;
THENCE NORTHEASTERLY ON SAID SOUTHEASTERLY LINE ON A NONTANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 667.00 FEET THROUGH AN ANGLE OF 040˚ 54' 08" AN ARC LENGTH OF 57.07 FEET (THE INITIAL RADIAL LINE BEARS SOUTH 38° 20' 22" EAST);
THENCE NORTH 46° 45' 30" EAST CONTINUING ON SAID SOUTHEASTERLY LINE, 107.00 FEET TO THE SOUTHERLY TERMINUS OF SAID CORNER CUT-BACK;
THENCE NORTH 00° 32' 23" EAST ON SAID CORNER CUT-BACK, 33.24 FEET TO THE POINT OF BEGINNING.
PARCEL NO. 260460009
THIS BEING THE SAME PROPERTY CONVEYED TO THE CITY OF MORENO
VALLEY, A MUNICIPAL CORPORATION FROM MARKBOROUGH CALIFORNIA, INC., A CALIFORNIA CORPORATION IN DEED DATED DECEMBER 24, 1986 AND RECORDED SEPTEMBER 24, 1987 AS INSTRUMENT NO. 276670.
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Packet Pg. 709 Attachment: Memorandum of Amendment - 879943 SUNNYMEAD RANCH FS (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE
COVER SHEET
SUNNYMEAD RANCH FS
879943
10515 VILLAGE ROAD
CITY OF MORENO VALLEY, CA 92557
RIVERSIDE COUNTY
SURVEY PERFORMED FOR:
SURVEY PERFORMED BY:
SURVEY COORDINATED BY:
SURVEYOR'S CERTIFICATION:
I HEREBY CERTIFY TO GLOBAL SIGNAL ACQUISITIONS II, LLC
CROWN CASTLE USA INC. INCLUDING ITS PARENTS, SUBSIDIARIES AND AFFILIATED ENTITIES AND WESTCOR LAND TITLE INDUSTRY.
LEASE AREA ZONING:
LEASE AREA FLOOD NOTE:
BASIS OF NORTH:
NOTES:
SITE INFORMATION:
Name
TOWER SURVEY
SITE LOCATED IN:
REV DATE DESCRIPTION DRWN
BUN
Address
County
SHEET TITLE:
GEOLINE SURVEYING, INC.
13430 NW 10th Terrace, Suite A, Alachua, FL 32615
Tele: (386) 418-0500 | Fax: (386) 462-9986
1500 Corporate Drive
Canonsburg, PA 15317
NV5
3550 W. MARKET ST., SUITE 200, AKRON, OH 44333
Tele: (800) 787-8397 | www.NV5.com
PORTION OF LOT 12, TRACT 17947, MB 135, PG 35
TOWER SURVEY
879943
SUNNYMEAD RANCH FS
10515 VILLAGE ROAD
CITY OF MORENO VALLEY, CALIFORNIA 92557
RIVERSIDE COUNTY
LEGEND
X
PB
RS M
ADDITIONAL LAND
BUILDING
ASPHALT PAVEMENT
CONTOUR - MAJOR
CONTOUR - MINOR
EASEMENT
GUIDERAIL
JURISDICTION LINE
PROPERTY LINE
PROPERTY TIE
RIGHT OF WAY
SETBACK
TREELINE WETLAND
RAILROAD TRACKS
CENTERLINE
ROAD CENTERLINE
STREAM
STREAM (DIRECTIONAL)
DITCH
CHANNEL
FENCE
CABLE TV
CABLE U.G.
COMBINED SEWER
CABLE TV & ELEC
ELECTRIC
ELECTRIC U.G. FIBER
FIBER U.G.
GAS
SEWER
STORM
TELEPHONE
TELEPHONE U.G.
UNKNOWN UTILITY WATER
IP / REBAR MONU
IP / REBAR - MONU- FOUND
CASED MONU
CASED MONU - FOUND
TRAVERSE POINT
SURVEY POINT
GRAVEL DIRT CONCRETE
RETAINING WALL
STAIRS
DOOR / GATE
DOUBLE DOOR / GATE
GATE - SLIDING
SIGNS
MAILBOX
COLUMN
UTILITY POLE
POLE
BOLLARD
METAL PLATFORM
CULVERT
HVAC
FUEL TANKS GENERATOR
TRAFFIC SIGNAL CONTR.
TRANSFORMER
TRANSFORMER PAD
CATCH BASIN
INLET
UTILITY VAULT
MANHOLE
HANDHOLE
PULL BOX
PEDESTAL
RISER METER
VALVE CLEANOUT
JUNCTION BOX
PUMP STATION
UTILITY BOX
CONTROLLER
FIRE HYDRANT
FLAG POLE
SHRUB
TREE - PALM
TREE - CONFEROUS
TREE - DECIDUOUS
GUYED POLE
TOPO - HIGH POINT
TOPO - LOW POINT
PROPERTY TIE
CTV
CU
CS
CTV-E E
EU
FO
FOUGS
STMT
TU
UNK WPL
CABLE, ELEC & TELE U.G. CTV-E-TU
CABLE, ELEC & TELE CTV-E-T
CABLE TV & ELEC U.G. CTV-EU
C.L.
TOWER EASEMENT
PARENT PROPERTY PL
BREAKLINE MATCH LINE
LIGHTPOLE
SURVEY PROCEDURES & EQUIPMENT
THE ACCURACY OF THIS SURVEY MEETS OR EXCEEDS THE
MINIMUM STANDARDS AS REQUIRED BY CALIFORNIA
REQUIREMENTS FOR BOUNDARY SURVEYS.
INSTRUMENTS USED:
- SPECTRA PRECISION SP60 GNSS RECEIVER USING THE
SMARTNET VRS NETWORK
- TRIMBLE S6 SERIES ROBOTIC TOTAL STATION
CONTENTS
VICINITY MAP - NTS
ABBREVIATIONS
AREA SUMMARY
AREA SQ. FT. ACRES
DISCONNECT SWITCH
SITE LOCATION
A.22.c
Packet Pg. 710 Attachment: Telecommunications 879943_Tower Survey (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE LIMITED LIABILITY 1 23 SUNNYMEAD RANCH PARKWAY VILLAGE ROAD N 42° 43' 04" W 208.05' L1 419.14' 0 20 40 FT SCALE: 1" = 40'
PROPERTY OVERVIEW
SUNNYMEAD RANCH FS
879943
10515 VILLAGE ROAD
CITY OF MORENO VALLEY, CA 92557
RIVERSIDE COUNTY
TOWER SURVEY
SITE INFORMATION:
Name
SITE LOCATED IN:
REV DATE DESCRIPTION DRWN
BUN
Address
County
SHEET:
PORTION OF LOT 12, TRACT 17947, MB 135 PG 35
SURVEY PERFORMED FOR:
1500 Corporate Drive
Canonsburg, PA 15317
PROPERTY INFORMATION
PARENT PARCEL 1
OWNER: CITY OF MORENO VALLEY,
A MUNICIPAL CORPORATION
DEED: 276670 APN: 260-460-009
10515 VILLAGE ROAD,
CITY OF MORENO VALLEY, CA 92557
ADJACENT PARCELS 2
LAKESHORE PLAZA HOLDINGS
APN: 260-460-019
LAKESHORE PLAZA HOLDINGS 3 APN: 260-460-007
AREA SUMMARY
AREA SQ. FT. ACRES
A.22.c
Packet Pg. 711 Attachment: Telecommunications 879943_Tower Survey (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE LIMITED LIABILITY
SUNNYMEAD RANCH PARKWAY
VILLAGE ROAD
N 42° 43' 04" W L1 33.00' L2 L3 L4 L5 L6 L7 L8 L9L10 L11 L12
SUNNYMEAD RANCH FS
879943
10515 VILLAGE ROAD
CITY OF MORENO VALLEY, CA 92557
RIVERSIDE COUNTY
TOWER SURVEY
SITE INFORMATION:
Name
SITE LOCATED IN:
REV DATE DESCRIPTION DRWN
BUN
Address
County
SHEET:
PORTION OF LOT 12, TRACT 17947, MB 135 PG 35
SURVEY PERFORMED FOR:
1500 Corporate Drive
Canonsburg, PA 15317
EASEMENT ACCESS OVERVIEW 0 15 30 FT SCALE 1" = 30'
A.22.c
Packet Pg. 712 Attachment: Telecommunications 879943_Tower Survey (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE LIMITED LIABILITY L1 L2 L3 L4
L5 L6 L7 L8 L9 L10 L11 L12 L13 L14
SITE BOUNDARY
SUNNYMEAD RANCH FS
879943
10515 VILLAGE ROAD
CITY OF MORENO VALLEY, CA 92557
RIVERSIDE COUNTY
TOWER SURVEY
SITE INFORMATION:
Name
SITE LOCATED IN:
REV DATE DESCRIPTION DRWN
BUN
Address
County
SHEET:
PORTION OF LOT 12, TRACT 17947, MB 135 PG 35
SURVEY PERFORMED FOR:
1500 Corporate Drive
Canonsburg, PA 15317 0 03 06 FT SCALE 1" = 6'
A.22.c
Packet Pg. 713 Attachment: Telecommunications 879943_Tower Survey (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE LIMITED LIABILITY
LEGAL DESCRIPTIONS
SUNNYMEAD RANCH FS
879943
10515 VILLAGE ROAD
CITY OF MORENO VALLEY, CA 92557
RIVERSIDE COUNTY
TOWER SURVEY
SITE INFORMATION:
Name
SITE LOCATED IN:
REV DATE DESCRIPTION DRWN
BUN
Address
County
SHEET:
PORTION OF LOT 12, TRACT 17947, MB 135 PG 35
SURVEY PERFORMED FOR:
1500 Corporate Drive
Canonsburg, PA 15317
EXISTING LEASE
AS-SURVEYED
THAT PORTION OF THAT CERTAIN TRACT OR PARCEL OF LAND KNOWN AS LOT 12 AS SHOWN ON THAT SURVEY OF TRACT 17947 FILED FOR RECORD IN BOOK OF MAPS 135 ON PAGE 35 IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY IN THE STATE OF CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT A FOUND MONUMENT IN WELL AT THE CENTERLINE INTERSECTION OF SUNNYMEAD RANCH PARKWAY AND VILLAGE ROAD AS SHOWN ON PARCEL MAP 27144, FILED FOR RECORD IN BOOK OF MAPS 178, PAGE 99 IN THE AFORESAID RECORDING OFFICE;
THENCE WITH THE CENTERLINE OF SUNNYMEAD RANCH PARKWAY NORTH 42°43'04" WEST, 208.05 FEET; THENCE DEPARTING THE CENTERLINE OF SUNNYMEAD RANCH PARKWAY SOUTH 47° 16' 56" WEST, 62.52 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 47° 43' 27" WEST, 15.83 FEET;
THENCE NORTH 42° 16' 33" WEST, 17.33 FEET;
THENCE SOUTH 47° 43' 27" WEST, 4.85 FEET;
THENCE NORTH 84° 51' 35" WEST, 22.64 FEET;
THENCE NORTH 47° 43' 27" EAST, 36.00 FEET;
THENCE SOUTH 42° 16' 33" EAST, 34.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 747 SQUARE FEET, OR 0.017 ACRES, MORE OR LESS.
NON-EXCLUSIVE ACCESS & UTILITY EASEMENT
AS-SURVEYED
THAT PORTION OF THAT CERTAIN TRACT OR PARCEL OF LAND KNOWN AS LOT 12 AS SHOWN ON THAT SURVEY OF TRACT 17947 FILED FOR RECORD IN BOOK OF MAPS 135 ON PAGE 35 IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY IN THE STATE OF CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT A FOUND MONUMENT IN WELL AT THE CENTERLINE INTERSECTION OF SUNNYMEAD RANCH PARKWAY AND VILLAGE ROAD AS SHOWN ON PARCEL MAP 27144, FILED FOR RECORD IN BOOK OF MAPS 178, PAGE 99 IN THE AFORESAID RECORDING OFFICE;
THENCE WITH THE CENTERLINE OF SUNNYMEAD RANCH PARKWAY, NORTH 42° 43' 04" WEST, 33.00 FEET; THENCE DEPARTING THE CENTERLINE OF SUNNYMEAD RANCH PARKWAY, SOUTH 47° 16' 56" WEST, 85.01 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 47° 16' 56" WEST, 20.00 FEET;
THENCE NORTH 42° 43' 04" WEST, 169.71 FEET;
THENCE SOUTH 47° 43' 27" WEST, 13.55 FEET;
THENCE NORTH 42° 16' 33" WEST, 39.67 FEET;
THENCE NORTH 47° 43' 27" EAST, 20.00 FEET;
THENCE SOUTH 48° 51' 35" EAST, 8.28 FEET;
THENCE SOUTH 42° 16' 33" EAST, 13.58 FEET;
THENCE NORTH 47° 43' 27" EAST, 14.57 FEET;
THENCE SOUTH 42°16'33" EAST, 14.33 FEET;
THENCE SOUTH 15° 50' 06" EAST, 14.73 FEET;
THENCE SOUTH 42° 43' 04" EAST, 162.03 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 4689 SQUARE FEET, OR 0.108 ACRES, MORE OR LESS.
ADDITIONAL LEASE
AS-SURVEYED
THAT PORTION OF THAT CERTAIN TRACT OR PARCEL OF LAND KNOWN AS LOT 12 AS SHOWN ON THAT SURVEY OF TRACT 17947 FILED FOR RECORD IN BOOK OF MAPS 135 ON PAGE 35 IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY IN THE STATE OF CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT A FOUND MONUMENT IN WELL AT THE CENTERLINE INTERSECTION OF SUNNYMEAD RANCH PARKWAY AND VILLAGE ROAD AS SHOWN ON PARCEL MAP 27144, FILED FOR RECORD IN BOOK OF MAPS 178, PAGE 99 IN THE AFORESAID RECORDING OFFICE;
THENCE WITH THE CENTERLINE OF SUNNYMEAD RANCH PARKWAY NORTH 42° 43' 04" WEST, 208.05 FEET; THENCE DEPARTING THE CENTERLINE OF SUNNYMEAD RANCH PARKWAY SOUTH 47° 16' 56" WEST, 62.52 FEET; THENCE SOUTH 47° 43' 27" WEST, 15.83 FEET;
THENCE NORTH 42° 16' 33" WEST, 14.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 47° 43' 27" WEST, 14.57 FEET;
THENCE NORTH 42° 16' 33" WEST, 13.58 FEET;
THENCE SOUTH 84° 51' 35" EAST, 14.36 FEET;
THENCE NORTH 47° 43' 27" EAST, 4.85 FEET;
THENCE SOUTH 42° 16' 33" EAST, 3.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 95 SQUARE FEET, OR 0.002 ACRES, MORE OR LESS.
TOWER LEASE
AS-SURVEYED
THAT PORTION OF THAT CERTAIN TRACT OR PARCEL OF LAND KNOWN AS LOT 12 AS SHOWN ON THAT SURVEY OF TRACT 17947 FILED FOR RECORD IN BOOK OF MAPS 135 ON PAGE 35 IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY IN THE STATE OF CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT A FOUND MONUMENT IN WELL AT THE CENTERLINE INTERSECTION OF SUNNYMEAD RANCH PARKWAY AND VILLAGE ROAD AS SHOWN ON PARCEL MAP 27144, FILED FOR RECORD IN BOOK OF MAPS 178, PAGE 99 IN THE AFORESAID RECORDING OFFICE;
THENCE WITH THE CENTERLINE OF SUNNYMEAD RANCH PARKWAY NORTH 42° 43' 04" WEST, 208.05 FEET; THENCE DEPARTING THE CENTERLINE OF SUNNYMEAD RANCH PARKWAY SOUTH 47° 16' 56" WEST, 62.52 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 47° 43' 27" WEST, 15.83 FEET;
THENCE NORTH 42° 16' 33" WEST, 14.33 FEET;
THENCE SOUTH 47° 43' 27" WEST, 14.57 FEET;
THENCE NORTH 42° 16' 33" WEST, 13.58 FEET;
THENCE NORTH 84° 51' 35" WEST, 8.28 FEET;
THENCE NORTH 47° 43' 27" EAST, 36.00 FEET;
THENCE SOUTH 42° 16' 33" EAST, 34.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 842 SQUARE FEET, OR 0.019 ACRES, MORE OR LESS.
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Packet Pg. 714 Attachment: Telecommunications 879943_Tower Survey (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE LIMITED LIABILITY A.22.d
Packet Pg. 715 Attachment: Telecommunications Executed Lease Agreement 879943FS48 (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE A.22.d
Packet Pg. 716 Attachment: Telecommunications Executed Lease Agreement 879943FS48 (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE A.22.d
Packet Pg. 717 Attachment: Telecommunications Executed Lease Agreement 879943FS48 (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE A.22.d
Packet Pg. 718 Attachment: Telecommunications Executed Lease Agreement 879943FS48 (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE A.22.d
Packet Pg. 719 Attachment: Telecommunications Executed Lease Agreement 879943FS48 (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE A.22.d
Packet Pg. 720 Attachment: Telecommunications Executed Lease Agreement 879943FS48 (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE A.22.d
Packet Pg. 721 Attachment: Telecommunications Executed Lease Agreement 879943FS48 (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE A.22.d
Packet Pg. 722 Attachment: Telecommunications Executed Lease Agreement 879943FS48 (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE A.22.d
Packet Pg. 723 Attachment: Telecommunications Executed Lease Agreement 879943FS48 (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE A.22.d
Packet Pg. 724 Attachment: Telecommunications Executed Lease Agreement 879943FS48 (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE A.22.d
Packet Pg. 725 Attachment: Telecommunications Executed Lease Agreement 879943FS48 (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE A.22.d
Packet Pg. 726 Attachment: Telecommunications Executed Lease Agreement 879943FS48 (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE A.22.d
Packet Pg. 727 Attachment: Telecommunications Executed Lease Agreement 879943FS48 (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE A.22.d
Packet Pg. 728 Attachment: Telecommunications Executed Lease Agreement 879943FS48 (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE A.22.d
Packet Pg. 729 Attachment: Telecommunications Executed Lease Agreement 879943FS48 (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE A.22.d
Packet Pg. 730 Attachment: Telecommunications Executed Lease Agreement 879943FS48 (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE A.22.d
Packet Pg. 731 Attachment: Telecommunications Executed Lease Agreement 879943FS48 (5845 : FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE Report to City Council
ID#5856 Page 1
TO: Mayor and City Council
FROM: Manuel A. Mancha, Community Development Director
AGENDA DATE: June 21, 2022
TITLE: MULTIPLE SPECIES HABITAT CONSERVATION PLAN
(MSHCP) LOCAL DEVELOPMENT MITIGATION FEE
AUTOMATIC INCREASE.
RECOMMENDED ACTION
Recommendation:
1. Adopt Resolution No. 2022-XX. A Resolution of the City Council of the City of Moreno Valley, California, implementing an automatic increase to the Multiple Species Habitat Conservation Plan (MSHCP) Local Development Mitigation Fee.
SUMMARY
The proposed Resolution is for the implementation of the automatic annual update of the Local Development Mitigation Fee for funding the preservation of natural ecosystems in accordance with the Western Riverside County Multiple Species Habitat Conservation Plan.
DISCUSSION
The Measure A sales tax ordinance ("Measure A") adopted by the Riverside County Transportation Commission ("RCTC") requires the City of Moreno Valley to participate in the Western Riverside County Multiple Species Habitat Conservation Plan (“MSHCP”) as a condition of receiving Measure A local street and roads funds. Under Measure A, RCTC may not distribute Measure A local streets and road funds to any city in Western Riverside County if the city is not certified by Western Riverside County Regional Conservation Authority ("RCA") as participating in the MSHCP.
On March 2, 2021, the City adopted Ordinance No. 979 Amending Chapter 3.48 (“Western Riverside County Multiple Species Habitat Conservation Plan Fee Program”) in the Moreno Valley Municipal Code (“MVMC”) and Adopted Resolution No. 2021-16 A.23
Packet Pg. 732