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HomeMy WebLinkAboutC-8213-14 - Entry Permit for 12 Corporate Plaza Parkingi M • _ _ N 00 M IRVINE COMPANY OFFICE PROPERTIES 550 Newport Center Drive Newport Beach, California 92660 Attn: Vice President, Operations ENTRY PERMIT Issued to: CITY OF NEWPORT BEACH 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA 92660 Attn: Pat Rusas Phone No.: (949) 644-3062 Email.: PRusas@newportbeachca.gov "PERMITTEE" PERMISSION IS GRANTED to Permittee to enter upon property of THE IRVINE COMPANY LLC a Delaware limited liability company ("Company"), 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"): Corporate Plaza East Common Area (near 12 Corporate Plaza.) See red area on attached Exhibit A for further detail. Permittee's use of the Property shall be in accordance with such rules and regulations as may be established by Company and/or its management agent for the Property, and in no event shall Permittee obstruct or interfere with the rights of any third party to use the Property. 2. Purpose. This Entry Permit is limited to the following purpose: Up to forty-five (45) vehicles belonging to the City of Newport Beach (or employees of the City) will be permitted to park in the designated location during the annual employee luncheon. 3. Term. Subject to the provisions for early termination set forth below, the Term of this Entry Permit shall commence 6/20/24 and shall expire 6/20/24. The use of the Property by Permittee during the Term shall be limited to the following daily hours: 8:00 a.m. — 3:00 p.m. 4. Invitees: Only authorized representatives and invitees of Permittee are granted the right to enter the Property pursuant to this Entry Permit. 5. Effectiveness and Termination. This Entry Permit shall not be effective until (i) a counterpart executed on behalf of both Company and Permittee is delivered to both parties; and (ii) the evidence of liability insurance required below is delivered to and approved by Company. Permittee agrees that it shall cause its employees, representatives and invitees to refrain from entering upon the Property until the foregoing requirements have been met. This Entry Permit may be terminated at any time, with or without cause, by Company by written or oral notice to any person on the Property pursuant to this Entry Permit or by notice to Permittee at the above address. 6. Assumption of Risk/Compliance with Laws: Permittee and each person entering upon the Property under this Entry Permit 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 Company. 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 permits required for Permittee's use of the Property. 7. Restrictions: No person entering upon the Property pursuant to this Entry Permit shall sell, serve, distribute or give any alcoholic beverages to anyone (unless specifically agreed to by Company, and proper evidence of liquor liability insurance has been received by Company). In no event shall any firearm be carried onto the Property, nor shall any hazardous materials, substances or wastes (as such terms are defined by federal, state or local laws, ordinances or regulations) be placed, used or stored on the Property. There shall be no removal of any property of Company from the Property without the express written consent of Company. Permittee shall not allow any sign to be displayed on the Property that is visible from the exterior of the Property without the prior approval of Company. 8. Indemnification: As a material inducement to Company to grant this Entry Permit to Permittee, Company and its affiliates 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 entry permit.docx 10/4/2019 (Rev. 10/19) with any use of the Property pursuant to this Entry Permit. To the fullest extent permitted by law, Permittee agrees to indemnify, defend and hold harmless Company and its affiliates, officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, 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 Company. 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 Company a policy or certificate of comprehensive general liability insurance by the terms of which Company 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, prod ucUcompleted operations, broad form 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 (i) written notice will be given Company prior to cancellation or material change in coverage, and (ii) such policy or policies and the coverage evidenced thereby are primary and Company'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. Assignment: 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. SPECIAL NOTICE: Company shall have no duty to inspect the Property to which this Entry Permit applies and shall have no duty to warn any person of any latent or patent defect, condition or risk that may exist in the Property or that might be incurred in the exercise of the rights granted herein. Further Permittee shall be solely responsible for the safety and security of all persons entering the Property pursuant to this Entry Permit, together with all vehicles parked on or about the Property, and Company is hereby released from all liabilitv or obligation in connection therewith. 12. Entry Fee. Permittee shall pay to Company for the issuance of this Entry Permit a fee in the amount of N/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. Right to Cure. Should Permittee breach any of its obligations hereunder, Company shall have the right, but not the obligation, to cure such breach at Permittee's expense, and Permittee shall promptly reimburse Company for all costs so incurred, together with interest at the rate of ten percent (10%) per annum. 16. Entire Agreement. This Entry Permit constitutes the entire agreement between Company and Permittee pertaining to Permittee's entry upon the Property. 17. Governing 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 be entitled to recover its costs and expenses (including attorneys' fees) of such action. 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. entry pennit.docx 10/4/2019 (Rev. 10/19) 21. Counterparts; Digital Signatures. This Entry Permit may be executed in one or more counterparts, each of which shall constitute an original and all of which shall be one and the same agreement. The parties agree to accept a digital image (including but not limited to an image in the form of a PDF, JPEG, GIF file, or other e-signature) of this document, if applicable, reflecting the execution of the parties, as a true and correct original. 22. Special Provisions. This Entry Permit is also subject to the following special requirements: • City of Newport Beach to park in assigned spaces only — see red area on Exhibit A. There is a separate parking agreement for the remaining area so it is important that City vehicles stay within this area only. • Location may be modified by Company as needed prior to the event. • Car wash detail vendor is located in this area, but will block off stalls as needed. COMPANY AND PERMITTEE have entered into this Entry Permit as of the 17th day of May, 2024. COMPANY: THE IRVINE COMPANY LLC, a Delaware limited liability company By Gregg Walti Sr. Director, Portfolio Operations Office Properties PERMITTEE: CITY OF NEWPORT BEACH, a municipal corporation By Pri Name Grace K. Leung Title City Manager ►lf� I � APPROVED AS TO F RM: B CITY ATT R Y/�S, � FICE Lindsey Ro hto By tVrl/ - Senior Manager, Operations �%!» a-►� Office Properties Prin ed Name Aaron C. Harp Title City Attorney ATTEST: a By " D� Leilani I. Brown City Clerk entry pennil.docx 10/4/2019 (Rev. 10/19) Exhibit A entry pennit.docx 10/4/2019 (Rev. 10/19) ACOR" CERTIFICATE OF LIABILITY INSURANCE 1111'.1 DATE(MMIDD/YYYY) 1 4/22/2024 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 endorsements . PRODUCER California Insurance Pool Authority(CIPA) 366 San Miguel Drive, Suite 312 Newport Beach, CA 92660 CONTACT NAME: PHONE FAX A/c No Ext : A/C No): ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Cal fornma Insurance Pool Authority N/A INSURED California Insurance Pool Authority (CIPA) INSURER B: City of Newport Beach INSURER C: ATTN: Kaitlin Fear 100 CIVIC CENTER DR. INSURER D: INSURER E: NEW PORT BEACH, CA 92660 INSURER F: COVERAGES CERTIFICATE NUMBER: 1104237 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. Limits shown are as requested INSR LTR TYPE ADDL SUER POLICYNUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CIPA-022 7/1/2023 7/1/2024 EACHOCCURRENCE $ 2,000,000 CLAIMS -MADE a OCCUR PREMISES Ea occurrence $ MED EXP (Any one person) $ SIR applies per policy terms PERSONAL & ADV INJURY $ and conditions. GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000'000 $ POLICY ❑ PRO JECT ❑ LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTYDAMAGE Per acddent $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLALIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH( If yes, describe under DESCRIPTION OF OPERATIONSbelow E.L. DISEASE - POLICY LIMIT $ EI I __T DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Entry Permit. Certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability policy. CERTIFICATE HOLDER CANCELLATION 23-24 CIPA Casualtv (5M AGG) 1104237 Irvine Company Office Properties SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 550 Newport Center Dr. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Newport Beach, CA 92660 USA ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ��}yy�f/! ����rr C.�r1wre&, ei2ErC�Q�rwa iC4CfGU4Ci0w Yooe,, • © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COVERED PARTY: CALIFORNIA INSURANCE POOL AUTHORITY MEMORANDUM OF COVERAGE NUMBER: CIPA-022 COVERAGE PERIOD: JULY 1, 2023 TO JULY 1, 2024 ADDITIONAL INSURED ENDORSEMENT - PRIMARY AND NONCONTRIBUTORY Section IV —WHO IS A COVERED PARTY 10) Any person(s) or organization(s), when the Covered Party is required in a written contract to provide coverage to them, but only for Bodily Injury or Property Damage liability which: (1) Is covered by this Memorandum; and (2) Is caused, in whole or in part by: (a) The normal course of the Covered Party's operations; or (b) Ownership, maintenance or use of that part of the premises or land rented to or leased to and occupied by, the Covered Party; or (c) Work performed for that person or organization by the Covered Party; or (d) The maintenance, operation or use by the Covered Party of any equipment or Auto leased to Covered Parry by such person(s) or organization(s). The limits of coverage afforded to such person(s) or organization(s) shall be (a): The minimum limits of coverage which Covered Party agreed to provide, or (b) The Limit of Liability under this Memorandum, whichever is less. Upon written request made prior to the assertion of any Claim, coverage provided under this paragraph j shall be primary and noncontributory over any applicable insurance when expressly required by written contract or agreement with the Covered Party. Upon written request, the Authority shall provide an additional insured endorsement, primary and noncontributory endorsement, notice of cancellation and/or a waiver of subrogation when required by written contract. Coverage provided under this paragraph expires: (a) when the written contract or agreement ceases; or (b) when the Covered Party ceases to be a tenant in the premises, or the operations or work or usage cease, whichever is earlier.