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INSURANCE NOT REQUIRED N-2023-029 <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />DRE4 Reimbursement Agreement <br />This Reimbursement Agreement ("Agreement") is entered into as of January 23, 2023, by <br />(�0, and between the CITY OF SANTA ANA ("City") and Karen O'Callaghan on behalf of herself <br />(spv�C({G ,,,),and <br />the Karen Christine O'Callaghan Trust (collectively "Owner"), who agree as follows: <br />M <br />1. Overview - This Agreement relates to discussions between the City and Owner <br />C., regarding a tree located on private property identified as 2402 North Park Boulevard (APN 002- <br />121-09) in the City of Santa Ana ("Property"). The tree is located at the northeast corner of the <br />M. Property near the intersection of North Benton Way and North Park Boulevard. It has lifted and <br />damaged the public sidewalk adjacent to the Property and removal of the tree seeks to stop <br />further sidewalk damage. The City and Owner agree that it is in the public's best interest to <br />remove the tree. <br />2. Owner - Owner represents that she is the owner of the Property and the tree in <br />question and that Owner has the authority to authorize the removal of the tree. <br />3. Estimate for Services — The City has obtained an estimate in the amount of <br />$2,160.00 ("Total Cost") from West Coast Arborists, Inc., a third -party arborist company <br />("Arborist"), to remove the tree described above, dispose of the tree debris, and to grind the <br />stump (collectively referred to as "Landscaping Work"). A copy of the estimate is attached as <br />Exhibit "A". Arborist will perform the Landscaping Work in addition to any other relevant and <br />necessary work to complete that task. <br />4. Payment by Owner — Owner agrees to pay the Total Cost via check made payable <br />to the "City of Santa Ana" by delivering that check no later than February 2, 2023. The City will <br />use this payment to pay the Arborist. If the check is returned for "insufficient funds" or is <br />otherwise not honored by the Owner's bank, Owner agrees to make immediate payment to the <br />City at the Cashier's window in City Hall located at 20 Civic Center Plaza, Santa Ana, within <br />seven (7) days of being notified of non-payment. If the actual Total Cost exceeds the estimate in <br />Section 3, Owner agrees to pay the additional cost to the City via a check within seven (7) days <br />of being notified of the additional cost. If the final cost is less than the Total Cost initially paid <br />by Owner, the City will return excess money to Owner. <br />5. Arborist is a Third -Party - City represents that Arborist has previously performed <br />work for the City and that Arborist is a separate legal entity from the City. <br />A. City agrees to communicate with Arborist and Owner to find a mutually <br />agreeable date to perform the Landscaping Work. City will endeavor to complete the <br />Landscaping Work before March 31, 2023. <br />B. Owner agrees to execute a License and Right of Entry to allow the City <br />and the Arborist to enter upon the Property to complete the Landscaping Work. <br />C. Owner acknowledges and agrees that any issues with the Landscaping <br />Work, regarding the nature or the quality of the Landscaping Work, will be submitted to the <br />Arborist, and not to the City. <br />1 <br />