HomeMy WebLinkAboutC-2702 - Landscape Services at Marinapark, ModificationMODIFICATION OF AGREEMENT
This Modification for Landscape Services at Marinapark
Agreement entered into this 17th day of June, 1988, by and between
the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter
referred to as "City") and Green West Landscape Maintenance, whose
address is 9571 McFadden Avenue, Westminster, California, 92683
(hereinafter referred to as "Green West") is made with reference
to the following:
A. On June 17, 1988, an Agreement was entered into by
and between City and Green West for Landscape Services at
Marinapark (hereinafter referred to as "Agreement').
B. City and Green West desire to modify the Agreement on
the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
follows:
1. Paragraph 1 of the Agreement is modified to read as
For the consideration of One Thousand
Three Hundred Dollars per month, payable
by the City to Green West as provided
below, Green West will perform the
following services in and about
Marinapark, located at 1770 West Balboa
Boulevard, Newport Beach, California.
a. Cut, edge, and vacuum all
grass areas once weekly.
b. Weed out all grass areas and
weed and cultivate flower beds
as needed.
1
C. Trim, prune, and shape as
necessary all shrubs, bushes,
and trees, excluding palm
trees.
d. Establish an effective weed
abatement program in all
areas.
e. Wash down all walk areas once
a week.
f. Fertilize all grass areas and
flower beds not less than once
every 120 days.
g. Repair and maintain all
sprinklers located within
Marinapark.
h. Supply and spray all areas,
including shrubs and trees,
with insecticides and
pesticides as needed.
i. Re -seed any barren areas and
plant flower bed areas. All
plants will be supplied by the
city.
j. In the event the work
hereunder cannot be done on a
day when said work is required
to be done because of weather
conditions, or the work is
scheduled to be done on a
legal holiday, the weekly
gardening shall be done
immediately preceding or
following day.
k. Green West will supply all
topsoil, fertilizer, feeds,
herbicides, insecticides and
pesticides as necessary under
this Agreement.
1. Green West to water all areas
in Marinapark three (3) times
each week.
2
M. Green West is not to take
orders from tenants. Any such
orders shall be referred to
the manager.
2. Except as expressly modified herein, all other terms and
covenants set forth in the Agreement shall remain the same and
shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
Modification of Agreement to be executed on the day and year first
above written.
CITY OF NEWPORT BEACH,
a municipal corporation
BY:
A ROVED AS TO FORM:
C Y ATTOR
ATTEST:
d
GREEN WEST LANDSCAPE MAINTENANCE
BY:—
Charles
Y:Charles Rose
3
AGREEMENT
LANDSCAPE SERVICES AT MARINAPARK
On this - ZZ day of 1988, the CITY
OF NEWPORT BEACH, a municipal corToration, hereinafter referred
to as "City" and GREEN WEST LANDSCAPE MAINTENANCE, 9571
McFadden Avenue, Westminster, California 92683, hereinafter
referred to as "Green West", mutually agree as follows:
I) For the consideration of One Thousand One Hundred
Fifty Dollars ($1,150.00) per month, payable by the City to
Green West asprovided below, Green West will perform the
following services in and about Marinapark, located at 1770
West Balboa Boulevard, Newport Beach, California.
a. Cut, edge, and vacuum all grass areas once
weekly.
b. Weed out all grass areas and weed and cultivate
flower beds as needed.
c. Trim, prune, and shape as necessary all shrubs,
bushes, and trees, excluding palm trees.
d. Establish an effective weed abatement program
in all areas.
e. Wash down all walk areas once a week.
f. Fertilize all grass areas and flower beds not
less than once every 120 days.
g. Repair and maintain all sprinklers located
within Marinapark.-
h. Supply and spray all areas, including shrubs
and trees, with insecticides and pesticides
as needed.
i. Re -seed any barren areas and plant flower bed
areas. All plants will be supplied by the City.
j. In the event the work hereunder cannot be done
on a day when said work is required to be done
because of weather conditions, or the work is
scheduled to be done on a legal holiday, the
weekly gardening shall be done the immediately
preceding or following day.
k. Green West will supply all topsoil, fertilizer,
feeds, herbicides, insecticides and pesticides
as necessary under this Agreement.
1. Green West to water all areas each time he comes.
M. Green West is not to take orders from tenants.
Any such orders shall be referred to the manager.
2) .All work done hereunder by Green West shall be done
in a manner acceptable to the Marinapark Manager.
3) Green West will provide evidence of Workmen's
Compensation Insurance covering all employees of Green West
performing work hereunder.
4) Green West agrees to defend, indemnify, protect
and save harmless City and its officers, agents and employees
from any and all claims, loss or injury to any person or persons
or property suffered or sustained in, on or about the premises or
elsewhere, by any person or persons whomsoever; in any manner,
directly or indirectly, arising out of or by reason of the conduct
of Green West's business. j
Green West shall, at all times during the term of this
agreement, maintain in full force and effect, with respect to this
agreement, a policy or policies of comprehensive -liability in-
surance (bodily injury, including death, property damage, product
liability, contractual and automobile) with minimum limits of
Five Hundred Thousand Dollars -($500,000.00) combined single
limit, naming the City and its officers, agents and employees
as additional insureds and further providing an endorsement as
follows:
"1.- The City'.of Newport Beach, its officers and
employees are hereby declared to be additional
insureds in the policy described insofar as
they may be held liable for injuries or death
to a person or persons, or damage to property
occurring in or about the premises, whether or
not caused by -their sole or contributing
negligence. This -policy shall be primary and
non-contributing with any other insurance
available to the City of Newport Beach and
will include a severability of*interest clause.
"2. If this policy is cancelled or materially
altered so as to affect the coverages, at least
thirty (30) days prior written notice by
registered mail of -such cancellation or altera-
tion will be sent to the City of Newport Beach,
incare of the City Manager, 3300 Newport Boulevard,
Newport Beach, California 92663.
-2-
Said policy or policies shall be in a form satis-
factory to City and certificates issued by the insuring
company shall be submitted to City concurrently with
the execution of this agreement. Certificates for
each and any new or renewal policy or policies effec-
tive during the term of this agreement shall be sub-
mitted to City at least twenty (20) days prior to the
effective date of such policy or policies.
5) At the end of each month, during the term hereof,
Green West shall present a bill to the City and the City shall
pay the monthly consideration as set forth hereinbefore not later
than the 15th day after receipt of said bill.
6) This agreement may terminated by either party upon
giving the other party two weeks written notice of intent to
terminate.
7) The terms of this agreement shall become effective
June 17,1988
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be made and.executed the day and year first above
written.
ATTEST:
"ROVED FORM:
CITY OF NEWPORT BEACH
r y
By �- V
City Manager
-3-
ST LANDSCAPING MAINTENANCE
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
Project: Marine Park, City of Newport Beach: 1770 W. Balboa, Newport Beach, CA 92663
Certificate Holder is being named as additional insured.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX -
City of Newport Leach, PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
1770 W. Balboa MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Newport Beach, CA 92663 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESEyzATIVE � �
ISSUE DATE (MM/DD/YY)
June --9,--1
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
PRINCE & FLEMING INSURANCE
P.O. BOX 6987
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
Huntington Beach, CA 92615-6987
(714) 960-6006
COMPALETTER A AMERICAN STATES INSURANCE
COMPANY B
LETTER
INSURED
Charles R. Rose
dba Greenwest Landscape
LETTER C
9571 McFadden
Westminster, CA 92683
ETTERNY D
COMPANY E
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY
BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES
TIONS OF SUCH POLICIES.
DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
ALL LIMITS IN THOUSANDS
A
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY$
CLAIMS MADE X OCCURRENCE
GENERAL AGGREGATE
PRODUCTS-COMP/OPS AGGREGATE
1 n
PERSONAL & ADVERTISING INJURY
OWNER'S& CONTRACTORS PROTECTIVE
01 -CC -303927-1
5/16/88
5/16/89
EACH OCCURRENCE
FIRE DAMAGE (ANY ONE FIRE) $
MEDICAL EXPENSE (ANY ONE PERSON) $
AUTOMOBILE
LIABILITY
ANY AUTO
CSL
$ 4
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY
INJURY
(PER PERSON)
$
HIRED AUTOS
NON -OWNED AUTOS
BODILY
�INNJURY
ACCIDENT)
$
GARAGE LIABILITY
PROPERTY
DAMAGE
W
$
EXCESS LIABILITY
EACH AGGREGATE
OCCURRENCE
Q Q
W $
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY '
$ (EACH ACCIDENT)
,$ (DISEASE -POLICY LIMIT)
$ (DISEASE -EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
Project: Marine Park, City of Newport Beach: 1770 W. Balboa, Newport Beach, CA 92663
Certificate Holder is being named as additional insured.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX -
City of Newport Leach, PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
1770 W. Balboa MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Newport Beach, CA 92663 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESEyzATIVE � �