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Home My WebLink AboutC-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 � �