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Home My WebLink AboutC-6127 - Agreement for Building Use of 1801 Port Stanhope Pl for TrainingN 5 t J AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND +1 MANAGEMENT GROUP FOR USE OF 1801 Port Stanhope PI THIS AGREEMENT for use of the building(s) and/or structure(s) ( "Agreement ") located at 1801 Port Stanhope PI ( "Premises ") is made and entered into as of this _30_ day of April 2015 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City"), and +1 MANAGMENT GROUP ( "Owner") for use of the Premises by City's Fire Department for training purposes. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall continue until demolition of said Premises is completed, unless otherwise terminated as provided for herein. 2. OWNERSHIP OF PREMISES Owner hereby acknowledges, warrants and represents to City that Owner is the legal, vested owner of the Premises, including the underlying real property and all building(s) and/or structure(s) on said Premises and Owner has full and complete control over the Premises. 3. USE BY CITY 3.1 For no compensation, Owner hereby grants to City the permission to use the Premises for various training purposes by City's Fire Department and its personnel ( "Training Program "). The Training Program may include, but is not limited to, the cutting of holes in the roof and similar activities that will cause extensive damage to the interior and exterior of the Premises. Owner hereby acknowledges that the Premises, including all buildings and /or structures located thereon, will be demolished in the near future and that the Training Program will not in any way, shape or form reduce the value of the Premises or create any additional demolition costs or work for Owner. 31 Owner hereby acknowledges that City has no obligation to demolish, remove, and/or clean up any portion of any building(s), structure(s), trash or debris remaining on the Premises after the City's use of the Premises. 4. ASBESTOS Owner shall provide City with an asbestos inspection report certifying that structure(s) and /or building(s) at the Premises are free from asbestos or informing the City of the level, location, and type of asbestos found on the Premises. S. HOLD HARMLESS 5.1 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively "Indemnified City Parties ") from and against any and all claims (including without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to Owner's use of the Premises or any breach of the terms and conditions of this Agreement by Owner. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. Page 1 of 3 5.2 To the fullest extent permitted by law, City shall indemnify, defend and hold harmless Owner, its successors and/or assigns (collectively "Indemnified Owner Parties') from and against any and all claims (including without limitation, claims for bodily injury or death), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's Training Program or any breach of the terms and conditions of this Agreement by City. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. 6. STANDARD PROVISIONS 6.1 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 6.2 Integrated Contract This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 6.3 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 6.4 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 6.5 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 6.6 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 6.7 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 6.8 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 6.9 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument Page 2 of 3 r 2459 % Chico Ave, South El Monte, CA 91733 (626)444 -4564 Ph. (626)444 -1598 Fax sensitiveenvironment@gmail.com CA LIC No. 787598 DOSH No.1107 Certificate of Completion CLIENT NAME: +1 Management Group 17291 Irvine Blvd. # 162 Tustin, CA 92780 JOB SITE: Hady El Zoheiry 1801 Port Stanhope PI. Newport Beach, CA 92660 Scope of Work: Removal and disposal of asbestos containing materials as per contract and Survey report. AC ceilings, ducting, linoleum and transite pipe. THE ABOVE REFERENCE WORK HAS BEEN COMPLETED IN COMPLIANCE WITH ALL FEDERAL, STATE AND LOCAL REGULATIONS GOVERNING THE PERFORMANCE OF ASBESTOS ABATEMENT WORK. THIS CERTIFICATE ONLY APPLIES TO THE MATERIAL REFECENCE ABOVE. COMPANY REPRESENTATIVE: 9= 1�yr.J61.4 DATE: 4129/15 Page t of 1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: ` 3• _ By: Afta'C. Harp 4-� City Attorney ATTEST: Date: 7 16 f! By: , bm'-- Leilani I. Brown City Clerk Page 3 of 3 CITY OF NEWPORT BEACH, A California municip rpora' n� Date: j By: Scott Poster Fire Department Chief OWNER: Date: /S By.- HADY Date: By: [INSERT NAME}