2020/09/03 Southern California Gas Company Landscape Agreement PLN19-0027AGREEMENT
FOR LANDSCAPE IMPROVEMENTS
L Landowner for and in consideration of the approval of a minor plot plan for
landscape approval and installation on that certain development plan known as "So Cal Gas
Landscape and Irrigation Plan " (Plot Plan No. PLNI9-0027) located at 25200 Trumble Road,
APN: 329-030-045 (the "Property"), agree, at Landowner's own cost and expense, to fumish all
labor, equipment, and material necessary to perform, complete, and maintain onsite landscaping
for a period of twelve (12) months after Building Permit final or as otherwise required by City's
Cornmunity Development Director in a good and workmanlike manner, all those landscape and
irrigation improvements in accordance with those landscape and irrigation plans for the
development of said entitlement which have been approved by City's Comrnunity Development
Director, and are on file in the Office of the City of Menifee Community Development
Department, and to do all work incidental thereto in accordance with the standards set forth in
Menifee Municipal Code, which are expressly made a part of this Agreement (the "Work"). All
of the Work shall be done under the inspection of and to the satisfaction of City's Community
Development Director and shall not be deemed complete until approval of the final planting
inspection is made by City's Community Development Director. Approval of City's Cornmunity
Development Director of the Work and of the final planting shall be in writing. The estimated
cost of the Work is
cENTS ($26.021.60)
TWENTY-SIX T HOUSAI\D TWENTY-ONE ,LARS AND 60
L Landowner agrees to pay to City the actual cost of such inspections of the Work as
may be required by City's Community Development Director. Landowner and City further agree
that if suit is brought upon this Agreement or any security guaranteeing the completion of the
Work, all reasonable costs, expenses, and fees incurred by City in successfully enforcing such
obligations shall be paid by Landowner including reasonable attomeys' fees, and that upon entry
of judgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment
rendered.
3= To the fullest extent permitted by law (including, without limitation, California
Civil Code Sections 2782 and2782.6\, Landowner shall defend (with legal counsel reasonably
acceptable to City), indemnify, and hold free and harmless City and City's agents, officers, and
employees, (each, an "Indemnitee") from and against any and all claims, loss, cost, damage, injury
(including, without limitation, injury to or death of Landowner or any officers, agents, employees,
representatives, or subcontractors of Landowner [the "Landowner Entities"]), expense, and
liability of every kind, nature, and description (including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert
This AGREEMENT FOR LANDSCAPE IMPROVEMENTS ("Agreement") is made and
entered into as of the 3rd day of 9.pld/lb{ , 2020, by and between the CITY OF
MENIFEE, a California municipal corporation, ("City") and Southern California Gas Company
("Landowner").
WITNESSETH
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consultants or expert witnesses incurred in connection therewith and costs of investigation) that
arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence,
recklessness, or willful misconduct of Landowner, any of the Landowner Entities, anyone directly
or indirectly ernployed by any of them, or anyone that they control (collectively, the "Liabilities"),
with regard to the Work described in this Agreement. Such obligation to defend, hold harmless,
and indemnify any Indernnitee shall not apply to the extent that such Liabilities are caused in part
by the sole negligence or willful misconduct of such Indemnitee.
4= Landowner hereby grants to City, and to any agent or employee of City, the
irrevocable permission to enter upon the Property for the purpose of inspecting the Work or
determining compliance with this Agreement. This permission shall terminate in the event that
Landowner and Developer have completed the Work within the time specified or any extension
thereof granted by City's Cornmunity Development Director.
5= Landowner agree at all times, up to the completion and written approval of the
Work by City's Community Development Director, to give good and adequate warning to the
traveling public of each and every dangerous condition caused by the Work, and to protect the
traveling public from such defbctive or dangerous conditions.
L Landowner, or their agents and employees, shall give notice to City's Community
Development Director at least forty-eight (48) hours before beginning the Work and shall furnish
City's Community Development Director all reasonable facilities for obtaining full information
respecting the progress and manner of the Work.
7- Landowner shall comply with all applicable local, state, and federal laws and
regulations applicable to the performance of the Work. Landowner shall not hire or employ any
person to perform work within City or allow any person to perform the Work required under this
Agreement unless such person is properly documented and legally entitled to be employed within
the United States. Any and all work subject to prevailing wages, as determined by the Director of
Industrial Relations of the State of California, will be the minimum paid to all laborers, including
Landowner employees, contractors, and subcontractors. lt is understood that it is the responsibility
of Landowner to determine the correct scale. The State Prevailing Wage Rates may be obtained
from the California Department of Industrial Relations ("DIR") pursuant to California Public
Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records
demonstrating compliance with such requirement shall be maintained in a safe and secure location
at all tirnes, and readily available at City's request. Landowner shall obtain and maintain a City
of Menifee business license. Landowner shall require the same of all contractors and
subcontractors.
& If Landowner, or their agents or employees, neglects, refuses, or fails to prosecute
the Work with such diligence as to insure its cornpletion within the specified time, or within such
extensions of time as have been granted by City's Community Development Director, or if
Landowner violates, neglects, refi;ses, or fails to perfonn satisfactorily any of the provisions of the
plans and specifications, Landowner shall be in default of this Agreement and notice in writing of
such default may be served upon Landowner. City's Community Development Director shall have
the power to tenninate all rights of Landowner due to such default. The determination of City's
Community Development Director of the question as to whether any of the terms of this
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Agreement or the plans and specifications have been violated or have not been performed
sjisfactorily shall be conclusivl upon Landowner, and any and all parties who may have any
interest in this Agreement or any portion thereof. No delay or omission in the exercise of any right
or remedy bV CttV shall impair such right or remedy or be construed as a waiver. City's consent
or waivei of one act or omission by Landowner shall not be deemed to constitute a consent or
waiver of City's rights with respect to any subsequent act or omission by Landowner. Any waiver
of any defauli shall be in writing. The foregoing provisions of this Section shall be in addition to
all rights and remedies available to City under law.
g. Prior to the date this Agreernent is executed, Landowner agrees to file with City
good and sufficient security as proviJed in subsections (l), (2), and (3) of subdivision (a) of
Section 664ggof the Governmeni cod" in any amount not less than the estimated cost of the Work
for the faithful performance of the terms and conditions of this Agreement, except that when the
estimated cost of said work is $2,500 or less, the security shall be a deposit of cash or its equivalent
as determined acceptable by City's Building Director. Landowner further agree that if the security
is a bond and if the sureties on ih" faithful performance bond or the amount of said bonds in the
opinion of City's Community Development Director becomes insufficient, Landowner agrees to
renew each and every bond or bonds with good and sufficient sureties or increase the amount of
said bonds, or both, within ten (10) days after being notified by City's Community Development
Director that the sureties or amounts are insufficient. Notwithstanding any other provision herein,
if Landowner fails to take such action as is necessary to comply with said notice, Landowner shall
be in default of this Agreement unless all required work is completed within ninety (90) days of
the date on which -ity', Community Dlvelopment Director notifies Landowner of the
insufficiency of the sureties or the amount of the bonds or both.
fO It is further agreed by and between the parties hereto, including the surety or
sureties on the bonds or the isiuers of any instruments or letters of credit securing this Agreement,
that, in the event it is deemed necessary to extend the time of completion of the Work contemplated
to be done under this Agreement, extensions of time may be granted from time to tirne by City's
Community Developmeit Director either at his/her option or upon request of Landowner, and such
extensions shall in no *uy affect the validity of this Agreement or release the surety or sureties on
said bonds. Landowner iurther agrees to maintain the aforesaid bond or bonds or the issuance of
any instruments or letters of credit in full force and effect during the term of this Agreement'
including any extensions of time as may be granted thereon'
ll- Upon the satisfactory completion and written approval of the Work by City's
Community Devllopment Director, ihe entire amount of the security shall be released or returned
by City to Landowner.
lL This Agreement shall be binding upon Landowner and Developer and their heirs,
executors, administrators, successors, or assigns, all and each both jointly and severally.
13 With the exception of the specific provisions set forth in this Agreement, there are
no intended third-party benehciaries under this Agreement and no such other third parties shall
have any rights or obligations hereunder.
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14. It is understood and agreed by the parties hereto that if any part, terrn, or provision
of this Agreement is held 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 this
Agreement did not contain the particular part, term, or provision held to be invalid. No waiver of
any term or condition of this Agreement shall be a continuing waiver thereof.
15. This Agreement may be executed in multiple counterparts, each of which shall be
an original and all of which together shall constitute one agreement.
16. Landowner shall not discriminate in any way, against any person on the basis of
race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical
condition or marital status in connection with or related to the performance of this Agreement.
U- The laws of the State of California shall govern this agreement. In the event of
litigation between the parties, venue in state trial courts shall lie exclusively in the County of
Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of California, in Los Angeles.
1& The person(s) executing this Agreement on behalf of the parties hereto warrant that
(a) such party is duly organized and existing, (b) they are duly authorized to execute and deliver
this Agreement on behalf of said party, and (c) by so executing this Agreement, such party is
formally bound to the provisions of this Agreement.
19. 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:
To City City of Menifee
Community Development Department
29844 Haun Road
Menifee, CA92584
To Landowner:Southern Califomia Gas Company
555 w 5tl'Street
Los Angeles, CA 90013
[signatures on following page]
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IN WTTNESS WHEREOF, Landowner and City have executed this Agreement as of the date
and year first above written.
Southern California Gas Company.
("Landowner")
Dated:8/zs /zozo By
Neil P. Navin
Vice President - Construction
CITY OF MENIFEE
("City")
Dated:0J)By
Cheryl
Community
Approved as to Form:
Jeffrey T. Melching
City Attorney
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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.
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
on b?' AS' ^o2,o . before ffie'L Notary Public,
insert name and title of thc officer)
personally appeared Neil P. Navin , 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 certifo under PENALTY OF PERruRY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS rny hand and official seal.
lSEALl
coMM. #2302105 zaoNotary Public .
Los Angeles
Calilornia
)
)
)
ss.
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