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HomeMy WebLinkAbout2402 NORTH PARK BOULEVARDINSURANCE NOT REQUIRED N-2023-029 WORK MAY PROCEED CLERK OF COUNCIL DRE4 Reimbursement Agreement This Reimbursement Agreement ("Agreement") is entered into as of January 23, 2023, by (�0, and between the CITY OF SANTA ANA ("City") and Karen O'Callaghan on behalf of herself (spv�C({G ,,,),and the Karen Christine O'Callaghan Trust (collectively "Owner"), who agree as follows: M 1. Overview - This Agreement relates to discussions between the City and Owner C., regarding a tree located on private property identified as 2402 North Park Boulevard (APN 002- 121-09) in the City of Santa Ana ("Property"). The tree is located at the northeast corner of the M. Property near the intersection of North Benton Way and North Park Boulevard. It has lifted and damaged the public sidewalk adjacent to the Property and removal of the tree seeks to stop further sidewalk damage. The City and Owner agree that it is in the public's best interest to remove the tree. 2. Owner - Owner represents that she is the owner of the Property and the tree in question and that Owner has the authority to authorize the removal of the tree. 3. Estimate for Services — The City has obtained an estimate in the amount of $2,160.00 ("Total Cost") from West Coast Arborists, Inc., a third -party arborist company ("Arborist"), to remove the tree described above, dispose of the tree debris, and to grind the stump (collectively referred to as "Landscaping Work"). A copy of the estimate is attached as Exhibit "A". Arborist will perform the Landscaping Work in addition to any other relevant and necessary work to complete that task. 4. Payment by Owner — Owner agrees to pay the Total Cost via check made payable to the "City of Santa Ana" by delivering that check no later than February 2, 2023. The City will use this payment to pay the Arborist. If the check is returned for "insufficient funds" or is otherwise not honored by the Owner's bank, Owner agrees to make immediate payment to the City at the Cashier's window in City Hall located at 20 Civic Center Plaza, Santa Ana, within seven (7) days of being notified of non-payment. If the actual Total Cost exceeds the estimate in Section 3, Owner agrees to pay the additional cost to the City via a check within seven (7) days of being notified of the additional cost. If the final cost is less than the Total Cost initially paid by Owner, the City will return excess money to Owner. 5. Arborist is a Third -Party - City represents that Arborist has previously performed work for the City and that Arborist is a separate legal entity from the City. A. City agrees to communicate with Arborist and Owner to find a mutually agreeable date to perform the Landscaping Work. City will endeavor to complete the Landscaping Work before March 31, 2023. B. Owner agrees to execute a License and Right of Entry to allow the City and the Arborist to enter upon the Property to complete the Landscaping Work. C. Owner acknowledges and agrees that any issues with the Landscaping Work, regarding the nature or the quality of the Landscaping Work, will be submitted to the Arborist, and not to the City. 1 N-2023-029 D. City represents that Arborist is a licensed aborist company and maintains insurance on file with the City. Owner acknowledges and agrees to seek damages to the Property if any are caused by Arborist during the performance of the Landscaping Work (not including removal of the tree and stump referenced above), directly from the Arborist, and not from the City. 6. Public Sidewalk — Once the Landscaping Work is completed, the City at its own expense, will remove and replace the public sidewalk at the corner of North Benton Way and North Park Boulevard within a reasonable time. The City is not in any way agreeing to replace the tree itself once it is removed. 7. Counterparts - This Agreement may be executed separately by the City and Owner, each of which will be an original, but all of which together will constitute one complete document executed on the same date. CITY OF SANTA ANA By: Kri<tine Ridge City Manager ATTEST: {� X�• Clerk of the Coun ' AS TO FORM: Assistant City Attorney Owner By: Karen O'Callaghan on behalf of herself and the Karen Christine O'Callaghan Trust 2 Exhibit "A" -f WEST COAST AREORISTS, INC. cl y 2200 E. Via Burton Street Anaheim, CA 02800 800.521.3714 Phone 714.001.7844 E-Fax WCAINC.COM PROPOSAL FOR TREE MAINTENANCE SERVICES CUSTOMER INFORMATION Main Contact FRANK TORRES CITY OF SANTA ANA 220 S. DAISY AVENUE SANTA ANA, CA 927D3 714.047.3337 ftorresgsanta-ana.org Yes JOB LOCATION 2402 North Park Blvd, Santa Ana SCOPE OF WORK Private Tree 9 Stump Removal 1.00 Tree R Stump Removal Services COMMENTS Cost of Traffic Control included. Billing Contact MAINTENANCE SERVICES INVOICES CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 msinvoicesgsanta-ana.org Lump Sum $2,I130.0D CA Contractors License 366764 Federal Tax ID: 95-3250BB2 CA DIR Registration IOOODD095G DANIEL RIVAS ESTIMATED BY ACCEPTED BY AREA MANAC1ER TITLE TITLE 01 i19 /23 DATE Printed on. 1/192023 3:41.06 PM Page 1 of 1 N-2023-029 LICENSE AND RIGHT OF ENTRY [2402 North Park Boulevard, Santa Ana, California] Karen O'Callaghan on behalf of herself and the Karen Christine O'Callaghan Trust (collectively "Owner") as owners of the property located at 2402 North Park Boulevard (APN# 002-121-09), in the City of Santa Ana, County of Orange (the "Property"), do hereby grant the City of Santa Ana ("City") and a licensed and insured third -party arborist contractor ("Tree Contractor") retained by the City, a License and Right -of -Entry to enter the Property to perform the following tasks: (1) removal of a tree located on the northeast corner of the Property near the intersection of North Benton Way and North Park Boulevard, (2) removal of tree debris, (3) grinding the stump of that tree, and (4) any other relevant and necessary work to complete those tasks (collectively, "Landscaping Work"). This License and Right of Entry are granted solely to the City and the Tree Contractor to perform the Landscaping Work. The City agrees not to assign, transfer, lease, or pledge its License and Right -of -Entry without the prior express written approval of the Owner. This License and Right of Entry shall expire upon completion of the Landscaping Work by March 31, 2023, unless terminated earlier or extended in writing by the Owner and City. CITY OF SANTA ANA Owner Kri tine Ridge Karen O'Callaghan City Manager Karen Christine O'Callaghan Trust Property Owner ATTEST: APPROVED AS TO FORM: Sonia R. Carvalho City A rney4L4� Clerk of Council an ra Schwarzmann Senior Assistant City Attorney og $r �N34aS PF r I w gy" • t Y d 4��s� ��'��� it I� ita Ana CA'9270 United State yr�g'12- 2021 at 1, µLA+ j4 i 2402 N c r anta Ana 0E Unite tate P+ t F _ s 9 �{♦�'yi Aug 1. eE Ilk .es 1 Y Y: I