HomeMy WebLinkAboutCUP2009-07_20130709114153 Page 1 of 1
Carole Donohoe
From: Sharyl Markovits[sharyl@wardbonds.com]
Sent: Wednesday, February 29, 2012 1:32 PM
To: Carole Donohoe;Virginia Bloom
Subject: RE: Request for Release of Bond from the Ward Agency
Carol and Virginia,
Thank you both for the quick response and assistance.
Sharyl A. Markovits
The Ward Agency,9741 Preston Rd.,#304, Frisco,TX 75033
972-377-7999 Ofc* 1-888-701-BOND(2663)Toll Free*972-377-7577 Fax
sharyl@wardbonds.com
From: Carole Donohoe [mailto:cdonahoe@Lake-Elsinore.org]
Sent: Wednesday, February 29, 2012 3:25 PM
To: Virginia Bloom
Cc: Sharyl Markovits; Warren Morelion
Subject: Request for Release of Bond from the Ward Agency
Hi,Virginia,
I've reviewed the casefile, and this particular Faithful Performance Bond is actually in place to satisfy
Conditions of Approval#11 and#12, namely to remove the equipment should MetroPCS cease to
operate the telecommunications facility at the site. Therefore, the Bond must remain in place for the life of
the project.
I needed to confirm with Sharyl at the Ward Agency that the Bond did not expire, and she has assured me
that it will not, and that MetroPCS will be billed annually by her company for its renewal.
Sincerely,
Carole K. Donahoe, AICP
Planning Consultant to the City of Lake Elsinore
2/29/2012
Page 1 of 1
Carole Donohoe
From: Carole Donohoe
Sent: Wednesday, February 29, 2012 1:25 PM
To: Virginia Bloom
Cc: 'sharyl@ward bonds.com'; Warren Morelion
Subject: Request for Release of Bond from the Ward Agency
Hi, Virginia,
I've reviewed the casefile, and this particular Faithful Performance Bond is actually in place to satisfy
Conditions of Approval#11 and #12, namely to remove the equipment should MetroPCS cease to
operate the telecommunications facility at the site. Therefore, the Bond must remain in place for the life of
the project.
I needed to confirm with Sharyl at the Ward Agency that the Bond did not expire, and she has assured me
that it will not, and that MetroPCS will be billed annually by her company for its renewal.
Sincerely,
Carole K. Donahoe, AICP
Planning Consultant to the City of Lake Elsinore
X.
P 3 6
x
2/29/2012
10-M
MEMORANDUM
FEB 2 B 2012
C OF LAKE ELS11V0
NNING DIVISIO E
To: Warren Morelion, Planni e
From: Virginia Bloom, City Cler
Date: February 28, 2012
RE: Request for Release of Bond
Attached is the request for release of the Faithful Performance Bond for Landscaping and
Site Improvements located at BTS-EMWD, 422 Rancho Dr., Lake Elsinore, Site
#LA341 i A in the amount of$20,000.
Please review this request and advise if this project is complete and if so, is it OK to
release this bond. If this project is not complete,please advise as to the status of the
project so that we may respond to this request.
Thank you for your assistance in this regard.
t �
?S (J*
02/21/2012 12:58 FAX 9723777577 THE WARD AGENCY IM 001/007
TH
E WARD AGENCY Toll Free: 1-888-701-BOND(2663)
Phone: 972-377-7999
9741:Preston Road, Suite 304 Fax: 972-377-7577
170sco, TX 76033
GENERAL FORM STATUS INQUIRY
Date: 2-21-2012
TO: Virginia Bloom ,
City Clerk. -�
City of hake Els-snore;C
Sept via Fax#951-674-2392
Surety Bond Number: 022028513
Surety Co: -Liberty Mutual Insurance Co
Bond Effective Date: 4-15-2010
Principal: MetroPCS Networks California,LLC(fka Royal Street Communications California,LLC)
Address: 2250 Lakeside Blvd.,Richardson,TX 75082
Description of Contract: Faithful Performance Bond for landscaping and site improvements located at
BTS-EMIND,Rancho Dr.,422 Rancho Dr.,Lake.Elsinore,CA—Site#LA3411A
(Copy of Performance Bond attached for your reference.)
Obligee: City of Lake Elsinore,CA Bond Amount: $20, 000. 0.0
IT IS UNDERSTOOD THAT'rHE INFORMATION CONTAINED HEREIN IS FURNISHED AS A MATTER OF COURTESY FOR THE CONFIDENTIAL
USE OF THE SURETY AND IS MERELY AN EXPRESSION OF OPINION. IT IS ALSO AGREED THAT IN FURNISHING THIS INFORMATION;NO
GUARANTY OR WARRANTY OF ACCURACY OR CORRECTNESS IS.MADE AND NO RESPONSIBILITY 1S ASSUMED AS A RESULT OF
RELIANCE BY THE SURETY;WHETHER SUCH INFORMATION IS FURNISHED BY THE OWNER OR BY AN ARCHITECT OR ENGINEER AS
THE AGENT OF THE OWNER.
Sincerely,
Sharyl Markovits;Underwriter
shay l a,wardbonds.com
I-IF CONTRACT COMPLETED,PLEASE STATE:
Approximate date of completion of work_
Approximate acceptance date:
2..IF CONTRACT UNCOMPLETED,PLEASE STATES:
Approximate completion date: "
Remarks:(if any)
Date: Signature
Phone#{ ? - Name/Title:
Fax# ( ). Email:
PLEASE COMPLETE AND RETURN THIS FORM TO FAX # 972-377-7577
or via email to sharyl6a7wardhonds.com SO WE CAN UPDATE OR CLOSE OUR FILE ON .
THIS BOND.
*PLEASE DO NOT.HESITATE TO CONTACT OM OFFICE IF YOU HAVE ANY QUESTIONS
THANK YOU.FOR YOUR ASSISTANCE!!
02/21/2012 12:58 FAX 9723777577 THE WARD AGENCY 10002/007
Libe Interchange Corporate Center
Mutual- 450 Plymouth Road,Suite 400
t mymouttl Meeling,PA 19462.1044
Ph. (610)832-8240
CHANGE RIDER
To be attached to and form a part of surety bond number 022028513 , dated the loth
day of April ,2010 , issued by Liberty Mutual Insurance Company, a Massachusetts
stock insurance company, as surety (the'Surety"), on behalf of Royal Street Communications California, LLC
as principal (the'Principal").
in favor of City of Lake Elsinore, California
as obligee (the"Obligee").
The Principal and the Surety hereby consent to changing the attached bond as follows,
From: Royal Street Communications California, LLC
To: MetroPCS Networks California, LLC
This change is effective 22nd day of December , 20 10 The attached bond shall be subject to all
of its terms, conditions and limitations except as herein modified.
IN WITNESS WHEREOF, said Principal and Surety have caused these presents to be duly signed and
sealed this 4th day of May , 20 11
WITNESS/ATTEST: MetroPCS Networks California, LLC
(Principal)
By. (Seal)
Name-
Title-
LIBERTY MUTUAL INSURAN PANY
(surety)
By: (Seal)
Atto e ac
ACCEPTED: avid B.ward
City of Lake Elsinore, CA
(obligee)
By:
(Seal)
Name
Title:
Date:
Rev.03104
LMIG-3000
02/21/2012 12:59 FAX 9723777577 THE WARD AGENCY 2 003/007
Faithful Performance Bond/Certificate of Deposit Application
City of Lake Elsinore Community Development Department
Bond No. 022028513
TOTAL BOND/CERTIFICATE OF DEPOSIT AMOUNT $20,000.00
EJ CUPY
WHEREAS, the City of Lake Elsinore, a general law city organized and existing under
the laws of the State of California, (the "City") and Fcyal Street CminxAcEticnsCali.famia, e
"Principal") have entered into a FAITHFUL PERFORMANCE AGREEMENT (the
"Agreement" attached hereto as "Exhibit A") regarding Project No. for
property located at APN * and more particularly described in "Exhibit
B" attached hereto, whereby Principal agrees to:
Maintain the above designated planting improvements until
Remove all fencing, landscaping, sales offices, pedestrian walkways, parking lots, etc.
associated with the Model Home Complex and convert the lots to individual single
family homes.
WHEREAS, the Principal is required, under the terms of the Agreement, to furnish a
Bond/Certificate of Deposit for the faithful performance of the Agreement.
NOW, THEREFORE, we, the Principal and Liberty Nfutual Dvirwm ampxy
(the "Surety"), are held and firmly bound unto the
City as follows:
1. Concurrently with executing the Agreement, the Principal will provide a Bond/Certificate
of Deposit in the name of the City, in the total amount of$ 20,000.00
2. The condition of this Bond/Certificate of Deposit is such that the obligation shall become
null and void if the above bonded Principal, his or their heirs, executors, administrators,
successors, and/or assigns, shall in all things stand to, abide by, well and truly keep, and perform
the covenants, conditions, and provisions of the Agreement.
3. In the event the Principal fails to comply with the terms and conditions of the Agreement,
the City may use the Bond/Certificate of Deposit to complete the work authorized by the
Agreement, and to make the premises covered by the Bond/Certificate of Deposit safe to life and
property to the satisfaction to the Director of Community Development. Further, the Principal
will pay to the City all costs and expenses incurred by the City not otherwise covered by the
Bond/Certificate of Deposit.
4. As part of the obligation secured hereby and in addition to the face amount specified
above in item #1, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be
taxed as costs and included in any judgment rendered.
5. The Principal and Surety hereby stipulate and agree that no change, extension of time,
alteration or addition to the terms of the Agreement or to the work to be performed hereunder to
the specifications accompanying the same shall in any way affect either the Principal's or the
*Site #LA3411A - 422 Rancho Dr., Lake Elsinore, CA
Pap Iof5
02/21/2012 12:59 FAX 9723777577 THE WARD AGENCY Z 004/007
Faithful Performance Bond/Certificate of Deposit Application
City of Lake Elsinore Community Development Department
Surety's obligation on the Agreement, and both the Principal and Surety do hereby waive notice
of any such change, extension of time, alteration or addition to the terms of the Agreement.
6. The Bond/Certificate of Deposit amount shall be held as security until one year
after the issuance of the final certificate of occupancy for the project (the "One Year
Maintenance Period"). When the work covered by the Agreement is complete and the One Year
Maintenance Period has expired, the Director of Community Development shall inspect the
work. Upon successful inspection by the Director of Community Development, the
Bond/Certificate of Deposit shall be completely or partially released.
The Bond/Certificate of Deposit amount shall be held as security until the work
covered by the Agreement is complete and the Model Home Complex has fully converted to
single family homes which may be sold individually. Work covered by the Agreement includes
the removal of trap fencing, landscaping, sales office, pedestrian walkways, parking lot, etc., and
other work deemed necessary by the Director of Community Development. Upon successful
inspection by the Director of Community Development, the Bond/Certificate of Deposit shall be
completed or partially released.
IN WITNESS WHEREOF, the Principal and Surety have hereunto set their signatures
and seals as of this 15thday of April , 2010 .
Royal Street CMu lunications California, LLC
By:
Its:
And
By:
Its:
I declare, under penalty of perjury, under the laws of the State of California, that I have
executed the foregoing bond under an unrevoked Power of Attorney.
Liberty Mutual Insurance Company
By:
Title: Ravi B -
[Attach Power of Attorney]
Page 2 of 5
02/21/2012 12:59 FAX 9723777577 THE WARD AGENCY 2005/007
Faithful Performance Bond/Certificate of Deposit Application
City of Lake Elsinore Community Development Department
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
NOTARY ACKNOWLEDGENMENT REQUIRED FOR SIGNATURE OF PRINCIPAL AND SURETY
Acknowledgement of Principal:
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on the day of ,by
of Royal Street Communications California,LLC,on behalf of said company.
Notary Public - State of
My Commission Expires:
Printed Name of Notary
Acknowledgement of Surety:
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the 15-th day of April ,2010 ,
by David B. Ward, Attorney-in-Fact for LibeM Mutual Insurance C =any on behalf of said
company. n COPY
Notary Public - State of Texas
My Commission Expires:
Sharyl. A. Markovit:s
March 16, 2011 Printed Name of Notary
Page 3 of 5
02/21/2012 12:59 FAX 9723777577 THE WARD AGENCY 006/007
Bond No. 022028513 - Rider 2917176
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except In the manner and to
thine extent herein stated.
41BERTY MUTUAL INSURANCE COMPANY
BOSTON,M;ASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRVSENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint
DAVID B. WARD, SHARYL A. MARKOVITS, ALL OF THE CITY OF FRISCO, STATE OF TEXAS .....................................
............................................I...................................................r......................... ..,....ru.Y.......................,........I....I......I...........
................................................................................................................................................................................I-,............4.
each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seat, acknowledge and deliver,for and on its
behalf as suretyand as its act and deed, an and all undertakin s,bonds.recQ nizances and other sure obligations in the penal sum not exceeding
TWENTY MaL�iDN ANq Oo/14Q ""'•: ** •keR«re+« +«**RfxR+,x+e��tR*«t.i DOLLAR'S($ 20 0.00 000.00tr•}«".`t..'*'*rftitkt'tR ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duty signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE Xill-Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such limits ions as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to b ny to make, M
execute, seal, acknowledge and deil"r as surety any and all undertakings, bonds, recognizant n er u Ii ions. Such 'a
attomeys-,rl-fact,subject to the limitations set forth in their respective powers of attorney, shall have uil p a a Co any by their
p signature and execution of any such instruments and to attach thereto the seal of the Company. Whe ec eh nstruments shall be c
as binding as if signed by the president and attested by the Secretary. y
t3 �
c W By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-faeT
a � Pursuant to Article XIII, Section 5 of the lay-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual insurance Company, is hereby �
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute,seal,acknowledge and .. r-
o deliver as surety any and all undertakings,bonds, recognizances and other surety obligations. Q
0 That the 13y-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IJJ
O E E
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the Corporate seal of iz
Liberty Mutual Insurance Company has been affixed[hereto in Plymouth Meeting, Pennsylvania this 21st day of May Q`p
ry a 2010_
a'y LIBERTY MUTUAL INSURANCE COMPANY
O
By
Q r
�.. i Garnet W. Elliott,Assistant Secretary �N c
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY G
20.1. before me, a Notary Public, personally came C)� �F to me known, and acknowledged .z
C»K On this 12 st day of May �2, ry P Y
0 that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seat of said corporation; and that he executed the above ;W
ar power of Attorney and affixed the corporate seal of Liberty Mutual insurance Company thereto with the authority and at the direction of said corporation. 9-Z
iS
IN TESTIMONY WH I� unto subscribed my name and:affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year
0.0
0
o �' E
first above written. Q� oN �E' COMMONWEALTH Of FEP$QSYL1/f VrR A,,PM�11a.
Ns. CO
Norwn=SootoNe1mYFWilt00
0i' HIM100I TiV_hiontgamety Can.y Byy CL^.b'nS„Aj"pires t,wh 28,3°" Ter Notary Public v.r
CERTIFICATE �,
I,the undersigned,Assistan ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which life foregoing
is a full,tree and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Seecretary specially authorized.by the chairman or the president to appoint attorneys-in-fact as provided in Article
Xlll,Section 5 of the By-laws of Liberty Mutual Insurance Company.
lly reproduced signatures under and by authority of the
This certificate and the above power of attorney may be signed by facsimile or mechanica
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this day of
r7a2011
By ,
w, Davi M.Carey,Ass' "t Secretary ,
02/21/2012 13:00 FAX 9723777577 THE WARD AGENCY 007/007
Q
( :�
Tfl[S POWER-CF A-'f70RNEY IS NOT VALID UNLESS IT IS PRiN.TED ON flt~p BACKG RO UND.
. T-his Ao*er of.Attar*ey limits the acts of.those.named herein, avid:they have..no authority to kihW the Company.eX001I En.2he-.Kintner artd to.
tFte-ex�ed�tterein slated.
LIBERTY NiU7.1;IAL INSURANCE COMPANY
BOSTON,IWASSACflt7SETTS
POWER OF ATTORNEY
KNOW ALt PERSONS BY THESE PRESENTS.: That Liberty Mutual Insurance Company .(the 'Company"), a Masseshusetts stock insurance,
s;o? parry;.pursuafitloanc$y authority of the By and Authorization hereinafter set#orth,doss hereby name,constitute and appoint
-DAY10 ,WARD SMARYL-A. MARKW:TS, ALL W THE CITY OF FRI$:CO, STATE.OF TEXAS..................................
......... .......:............ .. .............. ... . .. ....... . . ...... .,..... .. ;..,.........,.. ....... ...
.......................................... ..............................;:M.. .....................:............................:.........................................................
......
each Individually if there be mare than one hsimed, Its truts.And lawful attorney En-fact to.make execute,seal, acknowle¢ge.and deliver,for acid vn its
behalf as-surety:and.as:its act arrd d@ed.,.atn :>allrid all unde,rtaf ings, bonds, recognizances end othiir.Surety obligator s•irrthe penal sum not exceeding
T1fu ITYMiLI:I{ NA1 Dfl Oil�3I}" '""** ��"* 'i*'* OOLLAFIS;{$ 2t}Op0-Qi 1.9U each>:2ndthe
Qxseufi+3n of staetiund rtakrngs; bontls,re oghizances anti ottieT surety otiligoons, In: 6isuance bf:tfiase preseclts;"shaA ba as'0iflding.upon the
Company as if they had beer)duly signed:by the president=and.attested.by tha''secr$tary bf-th9.Compagy.in their own proper persons:
That this)'rower Is.made and executed-pursaant to and by authority ofthe following By-law and Authoriiatiari:
ARTICLE Xlii--Execution of Contracts: Section 5.Surety Bonds and Undertakings.
- _ Arid.ofif1C$r of the .Company authorized for that purpose in writing by the chairman or the president,•art Gt. Wpa
as the
chairman or tlis president may prescribe,shall appoint such attorneys,irnfact,as may be necessary to•ac a $I. f tmake, . cd-
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances a d of r r" Su.
attorneys-En-faO, subject to the limitations set forth.in their respective powers of attorney, stfall have full b. y thatr
i -
signature and.execution of any such instruments and to attach therev the seal of the Company. When so executed:suchinstruments shall be
L as binding as if signed by the president and attested by the secretary.
: . By the following Instrument the chairman or the president has authorized'the officer or other official named therein to appoint attorneys=ire-fact:
r >. Pursuant to Article.Xlil, Section 5 of the By-Laws, Garnet W. Elliott,Assistant Secretary of Liberty Mutual Insurance Company, is hereby.
.:W..
0: authorized to appoint such attorneys-in-fact as may be necessary tb act In behalf of the Company to make, execute,seal,acknowledge and
' deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Q.
' a Thatthe By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. d�_
?..-IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate,seal of.
.-Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting;Pennsylvania this .5th day of June0.
Q p
i a; 2009 t�
t_y LIBERTY MUTUAL INSURANCE COMPANY
G-
�r E_
' re
-
! Garnet W. Elliott,Aus;iistant$ei;retary
COMMONWEALTH OF PENNSYLVANIA es
n"M COUNTY Of MQNTGOMERY
tL
on this 51h jay of ^June 2009 , before me,.a Notary. Public, personally came r. li to me known,and.aaknawtedged
that he 19 an Assistant Secretary of Liberty Mutual Insurance Company;that he knows the seal of said corporation; and that he executed the above
w- Power of Aftorniay andafilxed the corporate seal of Liberty Mutual Insurance-Company thereto wiih the authority and at the direction of cold cvrporetlon _
► R9._
1N TESTIMONY WH P unto sub!cribed my name:aod-laffixed my notarial:seal at Plymouth Meeting, Pennsylvania,on the day and year -
v first above writttan. ONW .
� CQMMONWC;A�T11 PFNNSYi' N1. a.
••••--Ti:cossPs9loSMrNa9a,yPUbPc :-� I
OF IIIIf Pcpr,o mTxp.,MonaGcenaN CourliY - -$y �..._�—.—�,:-
V _ I MyOnnJyslgn.FjaphoMwOil,20i3 r r S$I'�aStella, Notary Put).lio '' 1
Mamba'pars,mjv,enl�Aseealeliondl:oHr�es �•W ,
CERTiFICAT£
1,-tine undersigned,Assistan eoretafy of:Liberty Mutual Insurance Company,.do hereby certify that the.anginal power at attorney of whidh the toregolna
is a full,ttve:and oorre6t copy,Is in full orc9 and effect on the dats..of of -Cerlificate;and{.do further.oernfy:that the officer or official.who executed the
said power of attorney is an.Assistant Secretary specially authorizsd.by•the chairman or the presiderst:to eppoRlt atfomeys•in-fact as provided in`Article
XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate.and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March;t980.
r mechanically reproduoed signature of any assistant secretary of the company, wherever appearing upon-a
VOTED.that the facsimile or i
certified copy of any power attorney issued by the company. In co n
nnectlowith surety bonds,shall.be valicl and bindlrig upari the.coippany
with the-Same-force and effect as though manually affixed.
1 5 day of.- ;
IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company,this I
A r�l 2010 I
)1-tli
a
K BDavily4 M-Car�A �'
retary
,
175) MENED
CITY OF OCT 15 2010
LAKE 1110KE CITY OF LAI('.E ELSINORE
4-4 I CE AMEXTREMEPLANNING DIVISION
�--.- .
CITY OF LAKE ELSINORE
MEMORANDUM
TO: Carole Donahoe, Planning Consultant
FROM: Carol Cowley, Interim City Cler
DATE: October 15, 2010
SUBJECT: Faithful Performance Agreement and Bond by American Tower for
the Rancho Drive cell site
Attached is an executed copy of the Faithful Performance Bond and Agreement
for American Tower for the Rancho Drive cell site.
If you have any questions, please feel free to contact me.
Thank you.
Faithful Performance Bond/Certificate of Deposit Application
City of Lake Elsinore Community Development Department
Bond No. 022028513
TOTAL BOND/CERTIFICATE, OF DEPOSIT AMOUNT $ 20,000.00
WHEREAS, the City of Lake Elsinore, a general law city organized and existing under
the laws of the State of California, (the "City") and R;�Ial St rE� (mil i fdnja, the
"Principal") have entered into a FAITHFUL PERFORMANCE AGREEMENT (the
"Agreement" attached hereto as "Exhibit A") regarding Project No. for
property located at APN * and more particularly described in "Exhibit
B"attached hereto, whereby Principal agrees to:
Maintain the above designated planting improvements until
Remove all fencing, landscaping, sales offices, pedestrian walkways, parking lots, etc.
associated with the Model Home Complex and convert the lots to individual single
family homes.
WHEREAS, the Principal is required, under the terms of the Agreement, to furnish a
Bond/Certificate of Deposit for the faithful performance of the Agreement.
NOW, THEREFORE, we, the Principal and ray ltual Bmmmm ajrpxy
(the "Surety"), are held and firmly bound unto the
City as follows:
1. Concurrently with executing the Agreement, the Principal will provide a Bond/Certificate
of Deposit in the name of the City, in the total amount of$ 20,000.00
2. The condition of this Bond/Certificate of Deposit is such that the obligation shall become
null and void if the above bonded Principal, his or their heirs, executors, administrators,
successors, and/or assigns, shall in all things stand to, abide by, well and truly keep, and perform
the covenants, conditions, and provisions of the Agreement.
3. In the event the Principal fails to comply with the terms and conditions of the Agreement,
the City may use the Bond/Certificate of Deposit to complete the work authorized by the
Agreement, and to make the premises covered by the Bond/Certificate of Deposit safe to life and
property to the satisfaction to the Director of Community Development. Further, the Principal
will pay to the City all costs and expenses incurred by the City not otherwise covered by the
Bond/Certificate of Deposit.
4. As part of the obligation secured hereby and in addition to the face amount specified
above in item #1, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be
taxed as costs and included in any judgment rendered.
5. The Principal and Surety hereby stipulate and agree that no change, extension of time,
alteration or addition to the terms of the Agreement or to the work to be performed hereunder to
the specifications accompanying the same shall in any way affect either the Principal's or the
*Site #LA3411A - 422 Rancho Dr., Lake Elsinore, CA
Page I of 5
Faithful Performance Bond/Certificate of Deposit Application
City of Lake Elsinore Community Development Department
Surety's obligation on the Agreement, and both the Principal and Surety do hereby waive notice
of any such change, extension of time, alteration or addition to the terms of the Agreement.
6. The Bond/Certificate of Deposit amount shall be held as security until one year
after the issuance of the final certificate of occupancy for the project (the "One Year
Maintenance Period"). When the work covered by the Agreement is complete and the One Year
Maintenance Period has expired, the Director of Community Development shall inspect the
work. Upon successful inspection by the Director of Community Development, the
Bond/Certificate of Deposit shall be completely or partially released.
The Bond/Certificate of Deposit amount shall be held as security until the work
covered by the Agreement is complete and the Model Home Complex has fully converted to
single family homes which may be sold individually. Work covered by the Agreement includes
the removal of trap fencing, landscaping, sales office, pedestrian walkways, parking lot, etc., and
other work deemed necessary by the Director of Community Development. Upon successful
inspection by the Director of Community Development, the Bond/Certificate of Deposit shall be
completed or partially released.
IN WITNESS WHEREOF, the Principal and Surety have hereunto set their signatures
and seals as of this 15thday of April , 2010 .
Royal street Communications California, LLC
By:
Its: "(SnNJ Yoe &6D Low— )EVffL )PM&-/\Jj
And
By: X
Its:
I declare, under penalty of perjury, under the laws of the State of California, that I have
executed the foregoing bond under an unrevoked Power of Attorney.
Libert 1 Ins an y
ol
By:
Title: David B. and Attorney-in-
[Attach Power of Attorney]
Page 2 of 5
Faithful Performance Bond/Certificate of Deposit Application
City of Lake Elsinore Community Development Department
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
NOTARY ACKNOWLEDGENMENT REQUIRED FOR SIGNATURE OF PRINCIPAL AND SURETY
Acknowledgement of Principal:
STATE OF §
COUNTY OF §
This instrument was acknowled d before me on the day of ,by
of Royal Str Communications California,LLC,on behalf of said company.
Notary Public - State of
My Commi ion Expires:
Printed Name of Notary
1 --------------------------------------------------------------------------------------------------------------------------
Acknowledgement of Surety:
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the 15th day of April 52010 ,
by David B. Ward, Attorney-in-Fact for Liberty Mutual Insurance Company on behalf of said
company.
a�,�a,+►,o',o�-I -SHARYL A. MARKOWTS
+° Notary Public,State of Texas
:b My Commission Expires
�'�% ;::�'� March 16, 2011
Notary P c - State of I exas
My Commission Expires:
Sharyl A. Markovits
March 16, 2011 Printed Name of Notary
Page 3 of 5
STATE OF CALIFORNIA
COUNTY OF ORANGE
On April 23,2010 ,before me, Robin Hickman,Notary Public,personally appeared
Susan Delmer, who proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument and acknowledged to me that she executed the same
in her authorized capacity, and that by her signature on the instrument, the person, or the entity
upon behalf of which the person 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.
AW-k-- -J� - (SEAL)
Notary Public
ROBIN H7KAN
My co expires: 3!30/2011 Commission5318
Z Notary Public - California z
Orange County r
My Comm.Evres mar 30,2017
CITY OF �� Faithful Performance Agreement
LADE �' L� Q�E City of Lake Elsinore
'` DREAM EXTREME. Community Development Department
IREC[EV
Landsca a Maintenance 0 C 1 0 t 2110
x CITY OF L,11KE LSINORE
Equipment ment Removal and Site Restoration tSIQN
This Equipment Removal and Site Restoration Agreement (the "Agreement") is made
and entered into on this 20th day of September, 2010, by and-between the City of Lake Elsinore,
a general law city organized and existing under the laws of the State of California, (the "City")
and American Tower Corporation, (the "Owner"). The City and the Owner are hereinafter
sometimes referred to individually as a"Party" and collectively as the"Parties."
WI'TNESSETH
1. Owner for and in consideration of❑ issuance of building permits, ®'issuance of
the final release, for the development known as Project No. 2009-07, located on property known
as 377-320-005, and more particularly described in"Exhibit A" attached hereto (the "Property"),
agrees, at Owner's own cost and expense,to do the following:
❑ To maintain the planting and irrigation system following the approval of
the installation for one year and during this period to restore, repair or replace to the satisfaction
of the Director of Community Development any defective work or labor done or defective
materials furnished. Per the cost estimate attached hereto as "Exhibit B", the full cost of said
work and improvements is the sum dollars ($ ).
® To remove all fencing, walls, equipment cabinets, cell towers and
attachments, and any other features as determined by the Director of Community Development
associated with the telecommunications facility and restore the area to individual campground
spaces. Per the cost estimate attached hereto as "Exhibit B", the full cost of said work and
improvements is in the sum twenty thousand dollars ($20,000).
FOR A TOTAL SUM OF 'TWENTY THOUSAND DOLLARS ($20,000).
2. Owner agrees to pay to the City the actual cost of such inspections of the work
and improvements as may be required by the Director of Community Development. Actual costs
shall include any and all costs, fees, charges, and expenses incurred as a result of the filing of a
lawsuit by any interested party challenging this Agreement or any security guaranteeing the
completion of the work outlined in this Agreement. Upon entry of judgment in said litigation, or
upon settlement, such costs, fees, charges, and expenses shall be accounted for and included as
costs in any judgment or settlement rendered.
I Neither the City, nor any of its officials, officers, employees, or agents shall be
held liable for any injury or damages caused to persons or property by reason of the acts or
omissions of Owner, his agents or employees in the performance of the work required by this
CITY OI Faithful Performance agreement
LADE � LSI�Q�E City of Lake Elsinore
� Community Development Department
DREAM F.)(TREMEn
Agreement. Owner agrees to protect, defend, indemnify and hold harmless the City, its officials,
officers, employees and agents from all loss, liability or claim because of or arising out of the
acts of omissions of Owner, his agents and employees, in the performance of this Agreement,or
arising out of the use of any patented article in the performance of this Agreement.
4. The Owner hereby grants to the City and to any agent or employee of the City,the
irrevocable permission to enter upon the Property for the purpose of completing the work
required by this Agreement. This permission shall terminate in the event that the Owner has
completed the work within the time specified in this Agreement or any extensions of time
granted by the Director of Community Development to complete the work.
5. Owner agrees at all times, up to the completion and approval of the final planting
inspection by the Director of Community Development, to give good and adequate warning to
the public of each and every dangerous condition caused by the construction of the
improvements, and to protect the public from such defective or dangerous conditions.
b. The Owner, his agents and employees, shall give notice to the Director of
Community Development at least forty eight (48) hours before beginning any work and shall
furnish the Director of Community Development with all reasonable information regarding the
progress and manner of work.
7. If the Owner, or his contractor, agents or employees, neglects, refuses, or fails to
execute the work with such diligence as to insure it's completion within the specified time, or
within such extension of time as has been granted by the Director of Community Development,
or if the Owner violates, neglects, refuses, or fails to perform satisfactorily any of the provisions
of the plans and specifications, he shall be in default of this Agreement and notice in writing of
such default shall be served upon him. The Director of Community Development shall have the
power to terminate all rights of the Owner because of such default. The determination by the
Director of Community Development of the question as to whether any of the terms of the
Agreement or specifications have been violated or have not been performed satisfactorily shall
be conclusive upon the Owner and any and all parties who may have any interest in the
Agreement or any portion thereof. The foregoing provisions of this section shall be in addition
to all other rights and remedies available to the City under law.
S. The Owner agrees to file with City prior to the execution date of this Agreement,
a good and sufficient improvement and/or maintenance Bond or Certificate of Deposit in an
amount not less than ten percent (10%) of the estimated cost of the planting or an amount not
less than one hundred twenty percent(120%) of the estimated cost for the removal of equipment
and restoration of the site,as described in Section 1 for the faithful performance of the terms and
conditions of this Agreement.
9. It is further agreed by and between the parties hereto, including the surety or
sureties on the bonds securing this Agreement that, a request to modify the scope of work or
CITY O FFaithful performance Agreement
4
LAKE I,SMQE City of bake Elsinore
—DREAM EXTREME.E�TREME� �an CommunityDevelopment Department
extend the work completion date established by this Agreement, may be made by the Director of
Community Development or upon request of the Owner. If the Director of Community
Development decides to grant a modification or extension of time, such modification or
extension shall in no way affect the validity of this Agreement or release the surety or sureties on
said bonds. Owner further agrees to maintain the aforesaid bond or bonds in full force and effect
during the terms of this Agreement, including any modifications or extensions of time as may be
approved.
10. Severability. It is understood and agreed by the Owner that if any part, term or
provisions of this Agreement is adjudicated and determined to be unlawful and void, the validity
of the remaining portions shall not be affected and the rights and obligations of the parties shall
be construed and enforced as if the Agreement did not contain the particular part, term or
provision held to be invalid.
11. Notice. Any notice or notices required or permitted to be given pursuant to
this Agreement shall be served on the other party by mail, postage prepaid, at the following
addresses:
CITY OF LAKE ELSINORE
City of Lake Elsinore
Director of Community Development
130 S. Main Street
Lake Elsinore, Ca 92530
AMERICAN TONER CORPORATION
American Tower Corporation
Construction Manager—West Division
1898 Leland Drive, Suite A
Marietta, GA 30067
12. Incorporation of Exhibits. The following exhibits which are part of this
Agreement are attached hereto and each of which is incorporated herein by this reference as
though set forth in full:
Exhibit"A" — Legal Description
Exhibit"B" — Cost Estimate
13. Authority to Execute; Binding Effect. The City and the Owner each
represents and warranty that it has the power and authority to execute this Agreement and, once
executed, this Agreement shall be final and binding on the Parties. The Parties represent that the
CITY of �� Faithful Performance Agreement
LADE L,S �� E City of bake Elsinore
�✓ Community Development
DREAM EXTREME Department
signatories to this Agreement are duly authorized to sign on behalf of the respective Party and
bind such Party.
14. Entire Agreement; Conflicts. This Agreement represents the entire
understanding and Agreement of the Parties. This Agreement integrates all of the terms and
conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous
agreements between the Parties with respect to all or any part of the subject matter hereof. There
are no oral or written representations, understandings, or ancillary covenants, undertakings or
agreements which are not expressly contained herein. No testimony or evidence of any such
representations, understandings or covenants shall be admissible in any proceeding of any kind
or nature to interpret or determine the terms or conditions of this Agreement.
15. Applicable Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of California.
16. Further Actions. Each Party shall cooperate with and provide reasonable
assistance to the other Party to the extent contemplated in the performance of all obligations
under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request
of either Party at any time, the other Party shall promptly execute, with acknowledgment or
affidavit if reasonably required, and file or record such required instruments and writings and
take any actions as may be reasonably necessary or desirable under the terms of this Agreement
or to evidence or consummate the transactions contemplated by this Agreement.
IN WITNESS WHEREOF, the City and Owner have each executed this Agreement as
of the date first written above.
ATTEST: CITY OF LAKE ELSINORE, a California
municipal corporation
BY:
Caxol Cowley, Interim City 1 rill Its: Robert A. Brady City Manager
APP OVED AS TO F9RM
B bara Zeid Leibold, City Attorney
CITY OF �„ Faithful Performance Agreement
f/
L_ VT � LSMOKE City of Lake Elsinore
DREAM EXTREME Community Development Department
AMERICAN TOWER CORPORATION
By:
Its: 4CtCruction Mana er
NOTARY ACKNOLEDGEMENT REQUIRED FOR SIGNATURE OF PRIENCIPAL
(STATE OF GEORGIA
COUNTY OF '
On —, 20.K�, before me, �" l ) p t�� N 'y 110 c
(Date) (Name,Title of Officer-e.g--,"Jane Doe,Not ublic)
personally appeared__ h e-4, 1 G--r N U
Names)4f Signer(s)
personally known to me -OR-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.
WITNESS my hand a eal.
Notary Pub is in and f id State
dP
0-
00
"EXHIBIT A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION,
THAT PORTION OF SECTION S. TOWNSHIP 6 SOUTH, RANGE
4 WEST. SAM BERWDINO MERIDIAN, IN THE COY OF
ELSINORE, GOUN"K of RIVERSIDE, STATE OF CAUFORNK
DESCRIBED AS FOLLOWS,
BEGINNING AT THE SOUTHWEST CORNER OF-PARCEL "D" OF
RECORDS) OF SUMEY(S) MAP. FILED.MI BOOK.28-PAGE
49; THEz@CE NORTH 1�26r 50°"FAST(RECORDED AS
FORTH_18..21f 30"EASi) ALONG THE.EASTERLY.SIDE.OF
RANCHO STREE[,A D15TANCE OF 145.92 FEET (RECORDED
AS 1A3.84,FFET)TO THE.BEGINNING,.OF A 20.00 FOOT
RADIUS: CURVE CONCAVE EASTERLY; THENCE CONTENDING
NORTHEASTERLY ALOWTHE EAST UNE RANCHO STREET
AND THE AFOREAAEN7IONED CURVE THR0..4W.-A CE1'MAL
ANGLE Of. 1' 24' 30 A.DISTANCE OE't4:4$ FEET TO'THE
F+0lNF NSF.R ,E.CURVATURE OF A 40.00'FOOT RADIUS
OF CURVE:OQNCAVE-WESTERLY; THENCE CONTENDING
NORTHERLY'AL--ONG THE.EAST UNE OF RANCHO $TRMT AND
THE AFOREA9E1}TiIMED CURVE THROUGH A'CE 4L ANGLE
OF. :i22' 39"07'(iiF00RDED;AS i22' 2O'..33� A
DISTANCE'OF ail63.e,;(REOORT)ED A5.H5_M .FEED);
THMM.I EAV ING SAID-i'FASTERI Y UtiE OF.R�+NCHO SITtEET
NORTH.2$' Vt 14"'EAST'.A DISTANCE OF.237 FEET TO
THE SOUTFIWESf RIGfiY OF t4AY OF'[TdTEftSFATE "15";
TmE cE s.oum .61'.47'.w EAST-(RECOkDM...AS SOUTH
82 2 33" EASY), ALONG THE SAID'SOV.THWEST RIGHT OF
FE
WAY LINE, A DISTANCE'OF 103.45. ET (RECORDED AS
1.060 .FET-'T)'T4 AN.ANGLEE.ROINT INSAID'SOUTHWEST
RIGHT:OF TH
..WAY, ENCE-SOUTH 65'25 .54 EAST
(RECSORDFD AS SOU9tk S7 39' 527 A DEST'ANCE OF
2004 FEET:s(RECOR[)ED AS'SOUTH 289,23)TO THE:
FAsTkky.goRNt ii OF AFOR£k�EN1TONE15 PARCEL "D:;.
THEiaCE 5..' 82' S9 25 4tiESfAft OORDED AS.SOUTH
ST Of 05T:WE517.ALONG:THE:90UrRii,Y'LINE OF SAID
PARCEL "O .A DISTANCE OF 80.02 FEET'TO A POINT ON
SAID.SCUIHEREY..uNE'BEING.333.26-FEET'A10RTHtAS,TERLY
OF THE SO[TTkl19fESTERLY cohNEh OF SAID PARCEL "O
THEM I.f.AMNG SAID SOUTHERLY UNE SOun,;: 3' 15 30"
EAST' (REGORDEO M SOUTH 34 12'.56"EAST) A DISTANCE
OF 900D FE£T;THENCE SOUTH 28' 59 :TO"WMT -
(RECOR&D AS SOVM;26' '01' 50"WEST)A DISTANCE OF
59.47 FEET; THEFICE'NORTH 7B' 00'04" WEST (RECORDED
AS NORTM 73' 41? 15"WEST)A DISTANCE OF 361.8.3 FEET
(RECORDED AS 354.41 FEET; TO THE'FUE POINT OF
BEGINNING.
"Exhibit A"
"EXHIBIT B"
COST ESTIMATE
SITE INFORMATION '"•CONTRACTOR: Enter contact information below.'"•
274613 Companyi TBp
EMWD,CA Ship address:
g_mall:
Lake Elslnora,CA 92530 Phono: -
'°`CONTRACTOR: All appllCable lines below-must be completed In their entirety for the bid to be accepted.
9 of DAYS, LA13OR Only MATERIALS Only- Rented
1.ENGINEERINGIPERMITS: $500:0D
2. MOBILIZATICNIPROJECT MANAGEMENT: $1,000.00
3.SITE PREPARATIONtFINISH(compound grade&gravel,clearing):
4.TOWER FOUNDATION MODIFICATION.(concrelctsteeF): $5,000,00
Heltcale Anchor Materials Only
Guy Anchor _
Guy Wire,Torque Arms&Hardware
5.GROUNDING(Lower&compound); $500.00
6.POWERITELCOIUTILITIES TO SITE; $2,500.00
7.TOWEROFFLOAOIERECTION/EXTENSION:
6oaxial Stacking
Equipment Ralocatlon
BRACING:
Diagonal
Horizontal"
8,TRIP CHARGE FOR MATERIAL VERIFICATION:
9.ACCESS ROADIDRAINAGE:
10. FENCINGIBI-OCKWALLIRFUINING WALL: $2,600.00
12,OTHER(plea'se epecity)i
SUB-TOTAL 0 $19;0.00.00 $0.00 s0;ri0
'•"CONTRACTOR: Bid must include all applicable taxes. Taxes;rnust be Iterhized&shown below.—
13,FREIGHT:
14.SALES TAX: Toaula=.W.catty calculate,enlertax%hem... $ $ 5
15.BID SUB-TOTAL; $ 19,000,00 $ S
16.WD GRAND TOTAL: - - _$ -s,oao.00
CONTRACTOR: Include all applicable notes regarding items such as materials,tonnage,special stipulations,etc.
This quota Is for removal of the tower and aasoclated Improvements.
CONTRACTOR: All subcontractors MIST BE ATC APPROVED. List your,subcontractors below.
SUBCONTRACTORS BEING:UTILIZED FOR CONSTRUCTION SERVICE TO.BE PROVIDED.,.
Derralillon'&removal.
CONTRACTOR: ATC considers this quatc to be.valid for 90 DAYS.
Name(Contractor Bid Contacd) Dale
ATC Bid Form E-mail to:RFP.DeVit@AmericanTowLr.com
"Exhibit B"
TOWER/STRUCTURE REMOVAL BOND
BONI) NUMBER BLN8858677
KNOW ALL MEN BY THESE PRESENTS, that
American Towers,Inc.,a Delaware corporation
as Principal,and The Hanover Insurance Companya corporation duly
organized under the laws of the State of New Hampshire as Surety, are held and firmly
bound unto The City of Lake Elsinore
as Obligee in the sum of Twenty Thousand Dollars
lawful money of the United States, for payment of which, well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents, the liability of the Surety being limited to the penal sum of this bond
regardless of the number of years the bond is in effect.
WHEREAS, the Principal has entered into a written agreement with the property owner for the
placement of a tower or structure furnishing telephone,television or other electronic media service
which agreement sets forth the terms and conditions which govern the use of such towers and
structures and which agreement is hereby specifically referred to and made part hereof,and
WHEREAS, The City of Lake Elsinore
Ordinance requires the submission of a bond guaranteeing the maintenance, replacement, removal
or relocation of said tower or structure, Site: EMWD,CA#274613
located at 32310 Riverside Drive,Lake Elsinore,CA 92530
NOW THEREFORE,the condition of this obligation is such, that if the above bounden Principal
shall perform in accordance with the aforesaid ordinance and/or agreement, and indemnify the
Obligee against all loss caused by Principal's breach of any ordinance or agreement relating to
maintenance, replacement, removal or relocation of a tower or structure, then this obligation shall
be void, otherwise to remain in full force and effect unless cancelled as set forth below.
THIS BOND may be cancelled by the Surety by giving thirty(30) days written notice by certified
mail to the Obligee. Such cancellation shall not affect any liability the Surety may have or
incurred under this bond prior to the effective date of the termination.
THIS BOND is signed, sealed,dated on the 17th day of September 2010
This bond is effective the 20th day of September , 2010
American Towers Inc. a Delaware co oration
By:
t,�1illN+trrrtryl f f
The Hanover Insurance Company _
a4 By:_ / �''
-in-Fact
Evelyn
This bond is continuous and remains in full force and effect until cancelled according to the terms herein
stated above; however, for verification purposes you may contact the insurance broker: Acordia Surety
Department, 125 Summer Street 16-n Floor Boston, MA 02110 Telephone Number (617) 330-1005.
Changes required in the bond can be accomplished by a change rider issued by the surety.
Bond No,:BLN8858677
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS:That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,
both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF
AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint
Evelyn O'Connor
of Boston,MA
and each is a true and lawful Attorney(s)-in-fact to sign,execute,seal,acknowledge and deliver for, and on its behalf, and as its act and deed any
place within the United States,or,if the following line be filled in,only within the area therein designated
any and all bonds,recognizances,undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows:
Tower/Structure Removal Bond
in the amount of $20,000.00
and said companies hereby ratify and confirm all and whatsoever said Attorney(s)4n-fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which
resolutions are still in effect:
"RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby
authorized and empowered to appoint Attomeys-in-fact of the Company,in its name and as Its acts,to execute and acknowledge for
and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings
obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such
Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company in their own proper persons."(Adopted October 7,1981-The Hanover Insurance Company;Adopted April 14,
1982—Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America)
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
4:vn CITIZEItSINSURANCE COMPANY OF AMERICA
l T2 lfl9b 1974
' y Mary Jeanne !degon.Vice Pre ide t
Robert K.Grennan,ASsistan :ce President
IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS
INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seats,duly attested by a Vice
President and an Assistant Vice President,this 17th day of September 2010
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER )ss.
On this 17th day of September 2010 , before me came the above named Vice President and Assistant Vice President of The Hanover
Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the
individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover
Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively,and that the said corporate
seals and their signatures as officers were duly affixed and subscribed to said insl -
- - - - - - - - - - - -
r.k Notary Public
�" �gwn.ra7o+
My commission expires on November 3,2011
I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance
Company of America, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said
Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance
Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
"RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,
granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company,shall
be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such
signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 -
Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America)
GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 17th day of September 2010
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITI S INSU CE C ANY QF ERICA
Slapk .Broul, ssisfant inr Pres d ant
Page 1 of 1
Carole Donohoe
From: Carole Donohoe
Sent: Thursday, November 18, 2010 4:26 PM
To: 'Al Cancino'
Subject: Your deposit receipt
Dear Al,
Attached please find your deposit receipt from the Finance Dept showing your payment of$984.50. 1 have
your change, and next time you are in the area, I can give to you.
=Carole.
From: iRC6870@lake-elsinore.org [mailto:iRC6870@lake-elsinore.org]
Sent: Thursday, November 18, 2010 4:38 PM
To: Carole Donohoe
Subject: Attached Image
11/18/2010
CITY OF DEPOSIT/FEE RECEIPT
COMMUNITY DEVELOPMENT DEPARTMENT
LA.K E LS I Z`�O 1ZE 130 SOUTH MAIN STREET
LAKE ELSINORE, CA 92530
DREAM EXTREME 951.674.3124
Name Phone( BSI) Date
Address S"I' f - /IZQ.uz .ld4'
/ City/State/Zip L'7-4
Project Account CRS L �Jr�� Project/Description CZ/)e!�kG
COST RECOVERY DEPOSITS
DD 620-0000-261-00-0.0 AMOUNT
Project Description
�J n
PLANNING FEES/DEPOSITS AMOUNT
MR 100-0000-340-09-00 Appeals
EF 100-0000-340-04-00 Application of Abandonment
CD 608-0000-230-01-00 Cash Bond/Deposit/Paper Bond
CP 100-0000-340-11-00 Copies/Maps/Publications
MR 100-0000-340-03-00 Extension of time-Minor Design Review
SP 100-0000-320-26-00 Signs General / Temporary / Banner / Balloon_
SE 100-0000-320-24-00 Temporary Use Permits Short term/Extended
MR 100-0000-340-06-00 Other Misc.Fees
AD 100-0000-340-20-29 Administrative Fee
BUILDING/CODE ENFORCEMENT.FEES
PU 100-0000-340-21-01 Add'l Bldg Plan Check Hours
AD 100-0000-340-20-30 Administrative Fee
BI 100-0000-320-20-10 Reinspection Fee B E M P
AB 100-0000-340-13--03 Nuisance Abatement
AB 100-0000-340-13-02 Structure Abatement
PA 100-0000-340-20-24 Parking Cite Admin (Dismissal Fee)
AA 100-0000-340-20-23 Administrative Cite Appeal
FR 100-0000-340-24-00 Lake Elsinore Fire Review Fee
AP 100-0000-320-20-11 Abandoned Property Registration
PV 100-0000-350-10-10 Parking Citation#
AC 100-0000-350-13-00 Administrative Citation #
VI 100-0000-340-13-05 Vehicle Impound by Code Enforcement
MR Misc.Revenue
Total Receipt
Rom'=
r
Dabs; 11/1EV10 10 Pawipt rut: 2W
DD I)EtkLm M, 1 M.50
CK 0flK WP M.OD
CA M $1.00
Total tffxkud $M.00
Total paffflent M.50
tharage S.50
12:18 PM City of Lake Elsinore-CRS
11/03/10 Customer Open Balance
Accrual Basis All Transactions
Type Date Num Due Date Open Balance Amount
CR1535 Royal St Communications LLC
Invoice 9/9/2010 CR 1535 AUG 9/9/2010 278.50 278.50
Invoice 9/30/2010 CR 1535 SEP 9/30/2010 388.50 388.50
Invoice 10/31/2010 CR 1535 OCT 10/31/2010 317.50 317.50
Total CR1535 Royal St Communications LLC 984.50 "'" 984.50
TOTAL 984.50 '� 984.50
City of Lake Elsinore Please read and initial
Building Safety Division Licensed under the provisions of Business and professional Code Section 7000 et seq.and
Post in conspicuous[pact; 'my license is in full force.
on the job 2.Las owner of the property,or my employees w/wages as their sole compensation will do the work
You must furnish PERMIT NUMBER and the and the structure is not intended or offered for sale.
JOB ADDRESS for each respective inspection: 3.Las owner of the property,am exclusively contracting with licensed contr-actors to construct the
—Auproved plans must be on ja project.
mes: / I have a certificate of consent to self insure or a certificate of Workers Compensation Insurance
Inspection request(951)674-3124 ext. 239 or a certified copy thereof.
before 5:00 P.M.on prior workday. 5.1 shall not employ any person in any manner so as to become subject to Workers Compensation
Laws in the performance of the work for which this permit is issued.
Note:If you should become subject to Workers Compensation after making this certification,
j Code Approvals Date Inspector you must forthwith comply with such provisions or this permit shall be deemed revoked.
iEL01 Temporary Electric Service
!i PL01 Soil Pipe Underground
I EL02 Electric Conduit Underground -
BPO1 Footings `2�)0 ,�0/ "
BP02 Steel Reinforcement Z /O
BP03 Grout
BP04 Slab Grade ti ///``^��� )„
PL01 Underground Water Pipe 1 C
SS01 IRough Septic System { ! 1
SW01 On Site Sewer Came— y
BP05 Floor Joists /
BP06 Floor Sheathing 1/
BP07 Roof Framing
BPO$ I Roof Sheathing
BP09 Shear Wall&Pre-Lath
PL03 Rough Plumbing
EL03 Rough Electric Conduit •1'7
EL04 Rough Electric Wiring 2'76d
EL05 lRough Electric/ T-Bar
ME01 Rough Mechanical C
ME02 Ducts,Ventilating
PL04 Rough Gas Pipe/Test 3 e.G.' 7 �
PL02 Roof Drains
BP10 Framing&Flashing
BP12 insulation
BP13 Drywall Nailing
BPI i Lathing&Siding
PL99 Final Plumbing
EL99 Final Electricaly-
'f ME99 Final Mechanical
BP99 Final Building
Code Pool&Spa Approvals Date Inspector OTHER DIVISION RELEASES
Deputy Inspector Division Approvals required prior to the
{ P001 Pool Steel Rein./Forms building being released for occupancy by the City
P001 Pool Plumbing/Pressure Test
P003 Pre-Gunite Approval Date Inspector
EL06 Rough Pool Electric Planning
Sub List Approval Landscape
P004 Pool Fencing/Gates/Alarms Finance
P005 Pre Plaster Approval Engineering
P009 I Final Pool/Spa Turnf
� 'c Q_ �
I TY O F i�� -- ---
_EL � L
��CRSIn� E BUILDING & SAFETY
DREAM EXTREME,,,
FERMI130 South Main Street
T
PERMIT NO: 10-00000287
JOB ADDRESS DATE: 7/12/10
DESCRIPTION OF WORK • 422 RANCHO Sr:
CELLULAR ANTENNA
OWNER
EAS N MUNIC:IPAL WATER— CONTRACTOR
P O BOX 8300 ROLCO� I l TIVC �—
PERRIS - 16CA 80 RAILROAD ST,
. 909-928-3777 92572 CORONA
951-278-1035 CA 92882
LIC EXP pi
A. P. ## � 4C/Q0
OCCUPANCY 377-320-005 7
SQUARE FOOTAGE CONSTRUCTION GARAGE SQ FT 0
VALUATTOYi
FIRE SPFNKI,R 0
' 65, 000 ZONE .
NA
B_:JT�-LDING PERMIT
QTY UNIT CHG
BASE FEE ITEM CHARGE
1 15 . 00 X 6. 2500 VALUATION 567 . 00
93 . 75
ELECTRICAL P RMIC
BASE FEE ITEM CHARGE
1 ' 00`;x: G7 . a500 100-200AMP SERVICE<600VLT 30 . 00
27 . 25
F'Et; S i � _ ___-__—
Y.. CHARGES
PERMTI EEC PAID — ——
BU TT:;DTNG-'PERMIT D�7E
ELECTRICAL PERMIT 66C . 75 . 00 660 , 75
OTHER .F,7ES ' . 5 7. 25 . 00
PROF DEV V. FEE 2 ' 'RAr,�E 5 7 25
PLANNING REVlP- '',VEE 10 . 00 . 00
PLAN RETE' 134 . 75134 . 75 1Q Q0
NTION-'FEE . 00
SEISMIC OTHER 22 . 85 . 00 22 . 85
GREEN BUILDING FFE 1 13 . 00 _ 00 13 QQ
PLAN CHECK FEES 1 . 00 . 00
505 . 37_ 1 . 00
505 .31 . 00
TOTAL 1404 . 91
o40 . 0Ei 764 . 85 .
SPECIAL NOTES &' CONDITIONS
TOTTA TALL T O_N OF ANTENNAS ON NETn' 75 '
TOWER DI.SGUTSEQ AS A P-:CNp, 'TREE.
EQUIPMENT CABINETS MOUNTED TO NEW
** CONTINUED ON NEXT PAGE ***Q`-* Wf� Type. 1F ` 1
S dW- 7/1?AO 12 R€eipt rW 174
2010 W7
Tram nwb r: 1�
- Tr dm date: 7A2/10
Carole Donohoe
From: Carole Donohoe
Sent: Thursday, November 04, 2010 10:12 AM
To: 'Al Cancino'
Subject: FW: LA3411A EMWD Rancho q
Hi, Al,
I just emailed Cheryl, and got this auto-reply, stating that she won't be in the office
until next week. So, I will notify the Finance and Building Departments not to expect you
until next Tues, unless you have another plan to resolve this. Let me know.
-Carole.
-----Original Message-----
From: Cheryl Gray [mailto:Cheryl.Gray@AmericanTower.com]
Sent: Thursday, November 04, 2010 10:13 AM
To: Carole Donohoe
Subject: Out of Office AutoReply: LA3411A EMWD Rancho
Greetings!
I'm away from the office with limited access to e-mail Wed 11/3 - Fri 11/5. I 'm on
vacation after that without access to e-mail, through Mon 11/8. I'll return Tues 11/9. If
you need immediate assistance through Friday, please call me on my cell at 404-661-2830.
Thank you and have a great day!
W ,
1
Page 1 of 2
Carole Donohoe
From: Carole Donohoe
Sent: Thursday, November 04, 2010 10:10 AM
To: 'Cheryl Gray'
Subject: RE: LA3411A EMWD Rancho
Understandably. The crux got lost in translation.
AI was not able to get a final sign-off from the City because the Cost Recover System account that was
established for this project has been depleted and overdrawn. The Finance Dept has sent invoices for the
past three months to Royal, and no payments have been received to date. The total amount due is
$984.50.
The CRS is not a performance bond or fee. I mentioned to Al that one of the reasons why the project was
overdrawn was because it took a lot of staff hours getting the Faithful Performance Bond requirement
completed. The CRS is a deposit made by an applicant to process their land use submittal and complete
the construction project. From time to time a CRS account does need replenishment in order to complete
a project.
I hope I've resolved the confusion.We are all anxious to sign-off your project,just as soon as your CRS
account is cleared, allowing us to close the account and the casefile.
Please let me know if you have any questions, and an ETA when we might see Al again.
Thanks.
Carole.
From: Cheryl Gray [mailto:Cheryl.Gray@AmericanTower.com]
Sent: Thursday, November 04, 2010 6:47 AM
To: Carole Donohoe
Subject: FW: LA3411A EMWD Rancho
Hi Carole!
I'm not sure what Ai is talking about below. Please can you shed some light on this?
Thank you very much,for this and for all your help!
-Cheryl S. Gray
Construction Manager
American Tower Corporation
1898 Leland Drive SE, Suite A
Marietta, GA 30067
678-265-6771 (office)
404-661-2830 (cell)
678-265-6781 (fax)
cheryl.gray@americantower.com
From: AI Cancino [mailto:ACancino@RolcomCorp.com]
Sent: Wednesday, November 03, 2010 6:27 PM
To: Cheryl Gray
Cc: Ryan Todora
Subject: LA3411A EMWD Rancho
11/4/2010
Page 2 of 2
Hi Cheryl,
I was unable to obtain Final Building sign off today due to an outstanding Cost Recovery Performance Bond fee.
Carole Donohe stated that once this fee is paid for we can get our building final signature. Carole mentioned
that a Recovery performance bond was provided by ATC but funds have been excited. Would you please contact
Carole about this fee?
Carole Donohoe email: cdonahoe@Lake-Elsinore.org
Best Regards,
Al Cancino
Rolcom Corp
M:552-212-7419
0: 951-278-1040
Acancino@Rolcomcorp.com
11/4/2010
Page 1 of 1
Carole Donohoe
From: Carole Donohoe
Sent: Wednesday, September 22, 2010 1.38 PM
To: Dina Purvis
Cc: 'Al Cancino'
Subject: CUP2009-07 & MDR fo cell site @ 422 Rancho Dr.
Hi, Dina,
I was out inspecting the site today, and the contractor has complied with the physical requirements for
Planning. However, I noticed that the access road has not been paved 12-feet with asphalt concrete per
Engineering COA#20.
They will be asking me to sign their card as soon as the Faithful Performance Bond and Agreement is
executed.
-Carole.
9/22/2010