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Home My WebLink AboutC-9863-1 - Entry Permit for 888 1/2 San Clemente Parking GarageIRVINE COMPANY OFFICE PROPERTIES 550 Newport Center Drive Newport Beach, California 92660 Attn: Vice President, Operations ENTRY PERMIT Issued to: Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA 92660 Attn: Deputy Director Jonathan Stafford Email: jtafford@nbpd..org "PERMITTEE" PERMISSION IS GRANTED to Permittee to enter upon property of The Irvine Company, LLC ("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"): 888 1/2 San Clemente parking garage. 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: The Newport Beach Police Department will be using the parking structure during the construction of their parking lot. On average, they will occupy approximately 75 parking spaces per day, with an estimated range of 10 to 125 spaces daily. 3. Term. Subject to the provisions for early termination set forth below, the Term of this Entry Permit shall commence April 14, 2025 and shall expire July 4, 2025. The use of the Property by Permittee during the Term shall be limited to the following daily hours: All hours 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 entry permit.docx (Rev. 10/19) 10/4/2019 or use of the Property by Permittee, including, without limitation, the obtaining of any governmental permits required for Permittee's use of the Property. 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 [other than by police officers employed by the Newport Beach Police Department], 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 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. 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 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, product/completed 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. In lieu of maintaining any or all of the insurance required above, Permittee may elect to self -insure such risks; provided that such self- insurance will afford Company all of the protections and coverages required by Section 9 as if the insurance were provided by an independent carrier, including without limitation the waiver of subrogation and additional insured requirements described above. As a condition to Permittee's rights under this paragraph, Permittee will promptly furnish to Company, upon request by Company, either (i) an instrument executed by an officer of Permittee, or (ii) a certificate of insurance executed by the company managing Permittee's self-insurance program, and in either event in a form and substance reasonably acceptable to Company, certifying the existence and scope of Permittee's self-insurance program and the protections and coverages afforded Company. entry permit.dou 10/4/2019 (Rev. 10/19) 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. 11. SPECIAL NOTICE: Company shall have no duty to inspect the PropertV 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 PropertV or that might be incurred in the exercise of the rights granted herein. Further, Permittee shall be solely responsible for the safetV and securitV 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 liability 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 $8.00 per Bluetooth license per parker. 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. 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: Parking transponders or Bluetooth set up to be provided by ACE Parking for a fee. entry permit.docx 10/4/2019 ( Rev. 10/ 19 ) COMPANY AND PERMITTEE have entered into this Entry Permit as of the 11 th day of April, 2025. COMPANY: PERMITTEE: The Irvine Company, LLC Newport Beach Police Department a Delaware limited liability company By VWatll,fOVO By Lindsey Ro to Dave Miner Senior Manager, Operations Chief of Police Office Properties �%��. APPROVED AS TO FORM: By City's Attor ey's Office Gregg Walti Senior Director, Operations Office Properties B C, ar C. Harp City Attorney ll•f ATTEST: By- kor Leil ni u Brown City Clerk Q �EW►'O T 1 O 8z u C9C / FO RN�P entry permit.docx 10/4/2019 ( Rev. 10/ 19 )