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:
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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.
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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
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