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HomeMy WebLinkAboutC-7243-1 - Entry Permit - Corona del Mar Plaza Employees Parking at City HallENTRYPERMIT Issued by: CITY OF NEWPORT BEACH "CITY" 100 Civic Center Drive NEWPORT BEACH, CA 92660 Ann: City Mananer Issued to: THE IRVINE COMPANY LLC "PERMITEE" 660 Newport Center Orive NEWPORT BEACH, CA 92660 Alin: VP. Asset Manonemenl Office Properties PERMISSION IS GRANTED to Permittee to enterupon certain propertyof City, as Identified below, on a non-exclusive basis, subject to the following conditions set forth in this Entry Permit: 1, Property This Entry Permit Is limited to the following area ("Property"): Civic Center Parking Structure located at 100 Civic Center Drive, Newport Beach, California, as more specifically Identified in Exhibit A. which is attached and incorporated herein by referfence. 2, Purpose This Entry Permit is limited to the following purpose: Corona del Mar Plaza employee parking for up to 60 employee vehicles In the Civic Center Parking structure (2nd floor only) on Saturdays and Sundays from November 25, 2017 through January 31 2018 and on the followinn dates: November 23-24.2017. December 25, 2017 and January 1 2018. 3. Term. Subject to the provisions for early termination set forth below, the Tom of this ,Entry Permit shall commence 11/23/17 and shall expire 1131118. 4. Invitees: Only authorized representatives and invitees of Permittee are granted the right to enter the Property pursuant to this Entry Permit. 6. Effectiveness and Terminalion. This Entry Permit shall not be effective until (I) a counterpart executed on behalf of both City and Permittee Is delivered to both parties; and (II) the evidence of liability Insurance required below is delivered to and approved by City. Permittee agrees that It shall cause its employees, representatives and Invitees to refrain from entering upon the Property until the foregoing requirements have been mel. This Entry Permit may be terminated at any time, with or without cause, by City by written for oral notice to any person on the Property pursuant to this Entry Permit or by notice to Permittee at the above address. 6. Assumoflon of Risk/Compliance, with Laws Permittee and each person entering upon the Property under this Entry Permll shall do so at their own risk and shall observe strict fire and smoking precautions, and shall otherwise comply with any and all Instructions and directions of the authorized agents of City. Further, Permittee shall comply, at its sole cost and expense, with all applicable laws and ordinances relating to any entry upon or use of the Property by Permittee, Including, without limitation, the obtaining of any governmental permlisrequired for Penniltee's use of the Property. 7. Restrictions: In no event shall any firearm be carded onto the Property, nor shall any hazardous materials, substances or wastes (as such terms are defined byfederal, stale or local laws, ordinances or regulations) be placed, used or stored on the Property. There shall be no removal of any property of City from the Properly without the express written consent of City. Permittee shall not allow any sign to be displayed on the Properly that is visible from the exterior of the Property without the prior approval of City. B. Indemnificallam As a material Inducement to City to grant this Entry Permit to Permlllee, City shall not be liable for any bodily Injury, sickness, disease or death of any person or damages to any property of any person In connection with any use of the Property pursuant to this Entry Permit. To the fullest extent permitted by law, Permlllee agrees to Indemnity, defend and hold harmless City and Its City Council, boards and commissions, officers, directors, agents, volunteers and empoyaos from any and all actions, claims and liability for any loss or damage, including, but not limited to, bodily injury, sickness, disease or death of any person or damage to the Property or any other property, tangible or intangible, or contamination of the Property, resulting from the execution of this Entry Permit or the entry upon or use of the Property by Permittee, its employees, agents, contractors, guests or invitees, and from all costs and expenses, including attorney's fees, arising therefrom, except for any claim which is determined by a court of competent jurisdiction to have been caused by the sole active negligence or willful misconduct of City. 9. Liability Insurance. Permittee will, at all times during the term of this Entry Permit and prior to any entry by Permittee or any of Permittee's agents under this Entry Permit, provide to City a policy or certificate of comprehensive general liability insurance by the terms of which City is named, by endorsement, as an additional insured and is -- Indemnified against liability for damage or Injury in an amount not less than $2,000.000.00 combined single limit bodily injury and property damage liability per occurrence, or the current limit of liability carried, whichever is greater, for the operations of Permittee under this Entry Permit. This liability Insurance shall include automobile liability, personal Injury, contractual liability and, depending on the purpose for which the property is used, product/completed operations, broad from property damage, liquor liability and independent contractors liability. Each policy or certificate of insurance acquired pursuant to this Paragraph 9 must state, by endorsement, that (1) written notice will be given City prior to cancellation or material change in coverage, and (ii) such policy or policies and the coverage evidenced thereby are primary and City's insurance Is noncontributing with respect to such primary coverage. Nothing in this Paragraph shall limit Permittee's obligations under the other provisions of this Entry Permit, 10. Assidnmeft Permittee shall not assign or otherwise transfer any rights under this Entry Permit and any purported assignment or transfer shall be cause for the termination of this Entry Permit. 12, Entry Fee. Permittee shall pay to City for the Issuance of this Entry Permit a fee in the amount of SN/A. - 13. Restoration. Upon the termination of this Entry Permit, Permittee shall remove all rubbish and debris from the Property resulting from its activities hereunder and shall restore the Property to its pre-existing condition. 14. Liens. Permittee shall not permit to be enforced against the Property, or any part thereof, any mechanics or other lien arising from its activities on the Property, and Permittee shall pay or cause to be paid any such lien or claim before any action is brought to enforce the same against the Property. 15. Rioht to Cure. Should Permittee breach any of its obligations hereunder, City shall have the right, but not the obligation, to cure such breach at Permittee's expense, and Permittee shall promptly reimburse City for all costs so incurred, together with interest at the rate of ten percent (10%) per annum. 16. Entire Acreement. This Entry Permit constitutes the entire agreement between City and Permittee pertaining to Permittee's entry upon the Property. 17, Governina Law, This Entry Permit shall be construed and enforced in accordance with and governed by the laws of the State of California. 18. Attorney's Fees: In the event of any legal action to enforce the rights or remedies of either party to this Permit, the prevailing party shall not be entitled to attorneys' fees. 19. Survival. The obligations and liabilities of Permittee hereunder shall survive the termination of this Entry Permit. 20. Authority. Any person executing this Entry Permit on behalf of Permittee represents and warrants that he/she is duly authorized to execute same and that Permittee is bound by the terms and conditions hereof. un4i]Un 21. Special Provisions. This Entry Permit is also subject to the following special requirements: N/A CITY AND PERMITTEE have entered into this Entry Permit as of this _U day of November, 2017, PERMITEE: THE IRVINE COMPANY, LLC, a Delaware limited liability company By. r'��I Use ���YaiC� �9HieeWoperties^ CITY: CITY OF NEWPORT BEACH, a California municipal corporation Dav i 1� City Manager V ' APPROVED AS TO FORM: _ CITY ATTORNEY'S OFFICE �i1n5feY Gc�°�ey \J Vire. QfeSlAext< O�By Ano /°ttvio kkpY� w"�"' Aaron C. H ry i� ��.�:•r.1 City Attorne 1111412017 Civic Center Parking Structure —100 Civic Center Drive, Newport Beach, CA 92660 2n1 Floor Parking ONLY. NO parking in Library Lot located at 1000 Avocado Avenue, Newport Beach, CA 92660 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 11/21/17 Dept./Contact Received From: Shirley Date Completed: 11/22/17 Sent to: Shirley By: Jan Company/Person required to have certificate: The Irvine Company Type of contract: I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/17 —10/1/18 A. INSURANCE COMPANY: Federal Insurance Company B. AM BEST RATING (A-: VII or greater): A++/ XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? . ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1M/$2M+$1M Umb E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ❑ Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ❑ Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/17 —10/1/18 A. INSURANCE COMPANY: ACE American Insurance Company B. AM BEST RATING (A-: VII or greater) A++/XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M min. Bl & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $2,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage ('d individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: Not required by contract A. INSURANCE COMPANY: B. AM BEST RATING (A-: VII or greater): C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 11/22/17 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ 1 ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date " Subject to the terms of the contract. CERTIFICATE OF LIABILITY INSURANCE ATE (MMADDYYYY D11122/2017 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh Risk & Insurance Services CA License #0437153 777 South Figueroa Street Los Angeles, CA 90017 CONTACT NAME: IAJC NQ, Ext) WC,PHONE FAX Not: E-MAIL -- - ADDRESS: 994919-92 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Federal Insurance Company 20281 102480350-STND-GAWU-07-18 INSURED Irvine Holding Company LLC INSURER B : ACE American Insurance Company 22667 INSURER C 550 Newport Center Drive Newport Beach, CA 92660 INSURER D INSURER E: MED EXP (Any one person) $ 0 INSURER F COVERAGES CERTIFICATE NUMBER: LOS -002365659-02 REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INTRR TYPE OF INSURANCE ADD L SUBR POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL L[VI 994919-92 10/01/2017 10/01/2018 EACH OCCURRENCE $ 1,000,000 IIABILITY CLAIMS-MADE1 OCCUR DAMAGE TO RENTED I PREMISES Me occurrence $ 1,000,000 X $1,000,000 SIR applies MED EXP (Any one person) $ 0 _ PERSONAIL A INJURY S 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY jE T � LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY CAL H09063250 10/0112017 10/01/2018 COMBINED SINGLE LIMIT $ 2,000,000 Ea..d ant BODILY INJURY (Per person) S X ANY AUTO OWNED SCHEDULED _ AUTOS ONLY __ AUTOS -HIRED BODILY INJURY (Per accident) $ NON -OWNED _ .AUTOS ONLY _ _ _AUTOS ONLY PROPERTY DAMAGE $ Per eccitlent $ X UMBRELLA LIAR X OCCUR 78185952 10101/2017 10/01/2118 EACH OCCURRENCE 1 1,010,110 AGGREGATE $ 1,000000 EXCESS LIAR CLAIMS -MADE $ DED RETENTION$ WORKERS COMPENSATION PER OTH- ANDEMPLOYERS'LIABILITY Y/N STATUTE ER E.L. EACH ACCIDENT $ ANYPROPRIETOWPARTNEWEXECUTIVE OFFICERIMEMBEREXCLUDED? NIA E. L. DISEASE -EA EMPLOYEE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICYLIMIT $ �7 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Civic Center Parking Structure, Location: 100 Civic Center Drive, Newport Beach, CA, Corona del Mar Plaza employee parking for up to 50 employee vehicles in the Civic Center parking structure (2nd floor only) Dates: Saturdays and Sundays, November 25, 2017 through January 31, 2018, and November 23-24, 2017, December 25, 2017 and January 1, 2018 The City of Newport Beach, its City Council, boards and commissions, officers, directors, agents, volunteers and employees are included as additional insured where required by written contract, This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured subject to policy terms and conditions with respect to General Liability. City of Newport Beach Attn: City Manager 100 Civic Center Dove Newport Beech, CA 92660 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk S Insurance Services Ryan Montes ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CHUBB" Liability Insurance Endorsement Policy Period Effective Date Policy Number Insured Name of Company Date Issued This Endorsement applies to the following forms: GENERAL LIABILITY OCTOBER 1, 2017 TO OCTOBER 1, 2018 OCTOBER 1, 2017 9949-19-92 REU IRVINE HOLDING COMPANY LLC FEDERAL INSURANCE COMPANY SEPTEMBER 26, 2017 Who Is An Insured Scheduled Person Or Organization Under Who Is An Insured, the following provision is added: Subject to all of the terms and conditions of this insurance, any person or organization shown in the Schedule, acting pursuant to a written contract or agreement executed prior to loss between you and such person or organization, is an insured, but they are insureds only with respect to liability arising out of your operations, or your premises, if you are obligated, pursuant to such contract or agreement, to provide them with such insurance as is afforded by this policy. However, no such person or organization is an insured with respect to any: • assumption of liability by them in a contract or agreement. This limitation does not apply to the liability for damages for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreem ent. • damages arising out of their sole negligence. Liability insurance Additional insured— Scheduled Person Or Organization continued Form 80-02-2373 (Ed. 4-94) Endorsement Page 1 of 2 I Schedule Persons or organizations that you are obligated, pursuant to written contract or agreement executed prior to loss between you and such person or organization, to provide with such insurance as is afforded by this policy; but they are insureds only if and to the minimum extent that such contract or agreement requires the person or organization to be afforded status as an insured. However, no person or organization is an insured under this provision who is more specifically described under any other provision of the Who Is An Insured section of this policy (regardless of any limitation applicable thereto). All other terms and conditions remain unchanged. Authorized Representative Liability Insurance Additional Insured — Scheduled Person Or Organization last page Form 80-02-2373 (Ed.4-84) Endorsement Page 2 of 2 CHUBB' Liability Insurance Endorsement Policy Period Effective Date Policy Number Insured Name of Company Date Issued This Endorsement applies to the following forms: GENERAL LIABILITY Conditions OCTOBER 1, 2017 TO OCTOBER 1, 2018 OCTOBER 1, 2017 9949-19-92 REU IRVINE HOLDING COMPANY LLC FEDERAL INSURANCE COMPANY SEPTEMBER 26, 2017 Under Conditions, the following provision is added to the condition titled Other Insurance. Other Insurance - If you are obligated, pursuant to a written contractor agreement, to provide the person or Primary, Noncontributory organization described in the Schedule (that is also included in the Who Is An Insured section Insurance - Scheduled of this contract) with primary insurance such as is afforded by this policy, then this insurance Person Or Organization is primary and we will not seek contribution from insurance available to such person or organization. Schedule All other terms and conditions remain unchanged. Authorized Representative Liability Insurance Conditions- Other Insurance - Frimary Noncontributory Insurance - Scheduled Person or Organization last nape Form 80-02-2653 (Rev. 7-09) Endorsement Page t of 1 ADDITIONAL INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named Insured The Irvine Company LLC Endorsement Number 2 Policy Symbol Policy Number Policy Period Effective Date of Endorsement CAL H09063250 10/01/2017 TO 10/01/2018 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number The remainder of the information is to be completed only when this endorsement is issued subsequent to the prcpinebi n of the policy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract. Provided such contract was executed prior to the date of loss A. For a covered "auto," Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily injury" or "property damage" resulting from acts or omissions of. 1. You. 2. Any of your "employees" or agents. 3. Any person operating a covered "auto" with permission from you, any of your "employees" or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. Authorized Representative DA -91.174c (03/16) Page 1 of 1