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HomeMy WebLinkAboutC-2499 - Planting of Replacement Maintenance tree in Newport CenterTHE IRVINE COMPAW 610 Newport Center Drive, P.O. Box I Newport Beach, California 92658 -8904 (714) 720 -2000 February 5, 1985 Mr. Robert H. Burnham Office of the City Attorney P.O. Box 1768 Newport Beach, CA 92658 -8915 Dear Mr. Burnham: 0 C - Z '19y The purpose of this Letter Agreement is to confirm our understanding regarding the removal of existing trees, the planting of replacement trees, and the maintenance of trees and landscaping for certain streets in Newport Center. The City of Newport Beach (City) currently maintains: (1) landscaping in the median strip; and (2) trees located in the median strip and along the parkways located in Newport Center for the streets shown in red on Exhibit A attached hereto. The Irvine Company (TIC) currently maintains landscaping along the parkways in Newport Center for the streets shown in red on Exhibit A. The median strip in and parkways along those streets shown in red on Exhibit A shall be referred to herein as the Maintenance Area. TIC, as principle owner of property within Newport Center, is presently engaged in refurbishment of improvements within Newport Center and in conjunction with that project, desires to remove the existing trees in the Maintenance Area and replace them with Ficus Rubiginosa and several species of palm trees, and, further, to establish future responsibilities between TIC and the City for main- tenance of the trees and landscaping in the Maintenance Area. In consideration of the following terms and conditions, TIC and the City agree that: 1. TIC may remove the existing trees located in the Maintenance Area. 2. TIC shall plant various species of palm trees in the median strip and parkways along Newport Center Drive East and West and at such other lo- cations as are shown in red on Exhibit B hereto. Ficus Rubiginosa trees shall be planted in the median in and parkways along those streets in green on Exhibit B hereto. 3. TIC will purchase a one year warranty on all palm trees planted by it in Newport Center, and shall be solely responsible for replacement of any palm trees that may require replacement during the one year warranty period. 0 Mr. Robert H. Burnham February 5, 1985 Page Two Following the one year warranty period, City and TIC will share equally all costs associated with replacement of any palm trees that require replacement due to death, disease or injury. Any replacement tree shall be of the same species and sex and of comparable size to the tree replaced. City and TIC shall mutually agree upon the need for replacement of any tree, and the source of supply. If TIC and Newport are unable to agree whether any palm should be replaced, or on the source of supply, City and TIC agree to in good faith mutually select and retain an independent horticultural consultant to resolve such differences, whose recommendations as to the advisability of replacement and source of supply will be binding upon both parties. City shall be responsible for providing the labor to accomplish the replacement. TIC shall provide funds to purchase the replace- ment tree. Each party shall be reimbursed by the other party for expenses in excess of its share within thirty (30) days of receipt of an invoice pursuant to this paragraph. 4. City shall perform all activities in connection with maintenance of the trees located in the areas shown in red on Exhibit C hereto. TIC shall perform all maintenance activities for trees located in the areas shown in blue on Exhibit C hereto. Such activities shall include without limitation pruning as needed but no less than annually; pest control and fertilization; provided, however, that irrigation for all trees in the Maintenance Area shall be the responsibility of TIC. 5. TIC shall be responsible for all activities in connection with the main- tenance of landscaping, exclusive of trees, in the Maintenance Area; provided, however, that TIC shall provide adequate irrigation for the trees located in the Maintenance Area as indicated in Paragraph 4. Such activities shall include trimming of shrubs and grass, pest control, fertilization and irrigation. TIC shall be responsible for all activities and associated expense relating to the installation and maintenance of the irrigation system in the Maintenance Area. 6. The City shall pay for the costs of utilities associated with maintenance of the median in the areas shown in yellow on Exhibit D attached hereto. TIC will pay for allremaining utilities costs associated with maintenance under this Letter Agreement. Each party shall make arrangements to be invoiced directly by the pro- vider of utilities for costs for which each party is responsible. 7. TIC and City shall indemnify, defend and hold the other harmless with respect to any claim, loss, damage or injury that arises out of, or is in any way related to the performance by each of them or their respective officers, agents, employees or representatives, of any of the duties or acts authorized by this Letter Agreement. 8. TIC shall have the right to take all reasonable action necessary or convenient to perform its duties and obligations under this Letter Agreement including the right to enter onto City -owned property and remove portions of street or sidewalk surfacing. Any work done by TIC within any street or Mr. Robert H. Burnham February 5, 1985 Page Three sidewalk shall be performed pursuant to a'permit issued by City and TIC agrees to restore any surface area affected by its activities to substantially the same condition as existed prior to the commencement of work. This Letter Agreement constitutes the entire understanding of the parties hereto and may be amended only by a writing, executed by authorized representatives of the parties. If the above terms and conditions are acceptable to you please sign below in the space provided, return the executed copies to me for execution by The Irvine Company. I will return a fully executed copy for your files. Sincerely, M3rney�nan Associate Division Counsel MEB:clg Attachments Agreed and Accepted Th i s day of �L 1985. City Newpor Be h By l Ronald Whitley, DW ector Parks, Beaches & Rec eation Appr ed as to Form 1 i y ttorne THE Its Vice Presi By� / iz e uth Its Assi r EXHIBIT A C AN V 0 r 14 Jul r Soo , Qv, tr 'It We 3- 0 Ak too , .., C INVINE COAST COUNTNT. CLUO TERGACE ,J l? .[CALF to FEET NEWPORT CENTER ti.