HomeMy WebLinkAboutC-4045 - Non-Standard Maintenance MOU (for Landscape Installation and Maintenance)NON-STANDARD MAINTENANCE
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 13t"day of
May, 2008, by and between the Corona del Mar Business Improvement District (hereinafter
"BID"), and the City of Newport Beach, California, a municipal corporation organized and
existing under and by virtue of its Charter and the Constitution and the laws of the State of
California, (hereinafter "CITY").
WITNESSETH:
WHEREAS, the BID desires to hire a contractor to install and maintain certain non-
standard landscape improvements (hereinafter "PERMITTED IMPROVEMENTS") within the
Corona del Mar community of the City of Newport Beach, described and depicted as in
EXHIBIT 1, which is attached hereto and incorporated by this reference; and
WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with
CITY's ability to construct, operate, maintain, and replace CITY and other public facilities and
improvements within right-of-way and other public property; and
WHEREAS, the parties hereto desire to execute a Memorandum of Understanding
(hereinafter "MOU") which sets forth the understanding of the parties related to the installation
and maintenance of the PERMITTED IMPROVEMENTS.
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree
as follows:
1. It is mutually agreed that the CITY shall allow the PERMITTED
IMPROVEMENTS to be installed, maintained, operated, repaired and replaced within the
City's right-of-way and on other publicly -owned property in the areas described and depicted in
EXHIBIT 1. In addition, if any of the PERMITTED IMPROVEMENTS actually installed vary
from the PERMITTED IMPROVEMENTS set forth in EXHIBT 1, such variations or changes
must be approved in advance and in writing by the General Services Department.
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2. The BID shall hire a contractor to perform the installation, maintenance and
repair of the PERMITTED IMPROVEMENTS ("Contractor"). To ensure that the CITY's
interests are adequately protected and that the work is done in conformance with City
requirements, the BID shall have the Contractor's Agreement approved by the Office of the
City Attorney and the General Services Department.
3. The BID understands and agrees that the CITY reserves any and all rights it has
in the property where the PERMITTED IMPROVEMENTS are located. Should CITY be
required to enter onto said property to exercise its primary rights associated with said property,
including but not limited to, the maintenance, removal, repair, renewal, replacement or
enlargement of existing or future public facilities or improvements, CITY may remove portions
of the PERMITTED IMPROVEMENTS. Where feasible, the CITY shall provide sixty (60) days
written notice to BID before removing any PERMITTED IMPROVEMENTS. The BID
understands and agrees that any PERMITTED IMPROVEMENTS removed or otherwise
altered by the CITY will not be replaced or restored by the CITY. BID understand that it shall
be responsible for arranging for any renewal, replacement, or restoration of the PERMITTED
IMPROVEMENTS affected by such work by CITY and all costs and expense related thereto.
4. The BID shall be liable for all costs and expenses related to the installation,
maintenance and repair of the PERMITTED IMPROVEMENTS.
5. The PERMITTED IMPROVEMENTS shall be maintained in accordance with
generally prevailing standards of maintenance.
6. If CITY or other private/public facilities or improvements are damaged by the
installation, maintenance, and/or presence of PERMITTED IMPROVEMENTS, the BID shall
be responsible for all costs and expenses related thereto.
7. This Memorandum of Understanding shall be renewed on an annual basis, and
shall include annual updates of all exhibits.
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IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Understanding to be executed on the day and year first above written.
APPROVED AS TO FORM:
B 4 �` C r o"L_
Y
Aaron Harp, Asst. City Attorney
W1
LaVonne Harkless, City Clerk
EXHIBITS:
CITY OF NEWPORT BEACH,
a Municipal Corporation
By: JC-74-
Homer Blud u, City Manager
Corona del Mar BID:
C
By:
Bernie Svalstad, Chairman
1) Permitted Improvements Description, including Specific Location Plan(s)
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Exhibit ##`i
CdM BID Responsibilities
1. Landscape Maintenance Tree Wells: Weekly maintenance of the tree
wells on PCH from Avocado Avenue to Hazel Drive on both sides of the
PCH. Work includes weeding and debris removal, irrigation (where
irrigation systems already exist), fertilizing, trimming, edging, addition of
10 yard of mulch annually and pest control. Any pest control performed
must be under the direction of a person holding a Qualified Applicator
License or Certificate;
2. Annual Color Centennial Plaza: Work includes installation of 8 flats
of annual color 4 times per year, soil preparation and fertilizer; and
3. Installation and removal, with annual prior approval of the Utilities and
General Services Departments, of seasonal holiday decorations
throughout the year (timing as per the contractual arrangements of the
BID).
City of Newport Beach Responsibilities
1. Maintenance of all City trees within MOU boundaries;
2. Maintenance of BID installed color at the Centennial Plaza. Maintenance
of all planters and hard surfaces at the Centennial Plaza; and
3. Maintenance of median landscape throughout the MOU boundaries.
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