Loading...
HomeMy WebLinkAboutC-7243-2 - Entry Permit - Corona del Mar Plaza Employees Parking at City HallI 9 T r v Issued by: CITY OF NEWPORT BEACH "Crrr 199 Civic Canter Drive NEWPORT BEACH, CA 92990 Atte: CINMensaer Issued to: THE IRVINE COMPANY LLC "PERMITEE" 660 Newport Center Drlys NEWPORT BEACH, CA 92880 Atte: VP. Asset Mansaemon1 Oloce Properties, PERMISSION 18 GRANTED to Families to enter upon certain property of Clly, as, identified below, on a nonaxclushe basis, sub{ect to the following conditions set forth in this Entry Permit: 1, Pronero: This Entry Permit Is limited to the following area ('Properly): Civic Center Parking Sliucture located at 100 Civic Center Drive, Newport Beech, 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 Mer Plaza a to parkingfor u to 60 em to vehicles in the Chic Center peroc linking ellure find floor only) on Saturdays and Sundays from December 1.2018 through January 31, 2019 and on the following deleet Oecomber24, 25. and 31, 2018, and January 1.2019. 3. Term. Subject to the provisions for early termination gel forth below, the Tenn of this Entry Penult shall commence.1211118 and shell expire UJ1119. 4. Invilees: Only authorized representatives and Invitees of Permthe ere granted the right loenler the Property pursuant to this Entry Permll. 6. Effectiveness and Termination. This Entry Permit shell not be effective until 0) e counterpart executed on behalf of both City and Families Is delivered to both paries; and (II) the evidence of Ilablllty Insurance required below is delivered to and approved by City. Permittee agrees that Il 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 wdbien for oral notice to any person on the Property pursuant to this Entry Permit or by notice to Permlllee el the above address. 8. Assumption of RlskrComollence with laws: Pennlltee and each person entering upon the Property under bide Entry Permit shell do so at their own risk and shell observe strict fire and smoking precautions, and shall otherwise comply with any and all Instructions and directions of the authorized agents of City. Further, Families shall comply, at Its sole coal and expense. Win aD applicable laws and ordinances relating to any entry upon or use of the Property by Families. mduding, without limitation, the obtaining of any govemmentelpermllerequlred for Permlltee's use of the Property. 7. Restrictions: In no event shell any firearm be carted onto the Property, nor shell any hazardous materiels, substances or wastes (es, such terms are defined byfederal, stele or local laws, ordinances or regulations) be placed, used or stored an the Property. Thera shell be no removal of any property of City from the Property without the express written consent of City, Permlllee shall not allow any sign to be displayed on the Property that is visible from the exterior of the Property without the pror approval of City. 9. Indemnlfirallon: As a material Inducement to City to grant this Entry Permli to Permlgee, City shall not be Gable for any bodily Injury, sickness, disease a death of any person of 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 Indemnify, defend and hold harmless City and Its City Council, boards and commhelone, officers, directors, agents, volunteers and empoyeea from any and ell actions claims and tlabilby, for any loss or damage. Including, but not limited to, bodily Irfury, eldureas, disease or death of any person or damage to the Properly or any other property, tangible or intangible. or com eminaton of the Property, resulting from the erreatlon of this Entry Pennll or the entry upon or use of Phe Properly by PermElse. Its employees, agents, contractors. guests or Invitees, and from all mate and expenses. Including attorney's lees, arising therefrom, except for any claim which Is determined by a court of compalenl(urisdktlon to he" bean mused by the sole active negligence or willful missondud of City. 9. Uebiliw Ineuranco. Permltee will. at all time& during the term of this Entry Permit and prior to any entry by Permittee or any of Parmitee's agents under this Entry Permit, provide to Gly a policy or mNflcste of comprehensive general IlabWty Inaurenoe by the harms of which City Is named, by endorsement, as an additional Insured and Is Indemnified against 0abilly for damage or Irglay In an amount not lase than 32.000.000.00 combined strtgle UmIt bodily InJwy and property damage liability per acarence, or the arrant unit of flability carried, whichever Is greater, for the operations of Permli ee under Ods Entry Permit. This OaWhy Insurance shall include automoblle liability, personal 1". contractual 8abllhy and, depending on the purpose for which the property Is used, product/completed operations. broad from property damage, liquor 1Iabl0ty and Independent contractors liability. Each policy or cern of Insurance acquired pursuant to this Paragraph 9 must stele, by endorsement, that (1) written notice will be given City prior to cancellation or material change In coverage, end (Icy such poky or policies and the coverage evidenced thereby are primary and Cllyslnsuvance Is noncontributing with respect to such primary coverage. Nothing In this Paragraph shag limit Permitee's obligation under the other provisions of this Entry Permit. 10. Assignment: Parmhee shall not assign or otherwise transfer any rights under this Entry Permit and any purported assignment or transfer shall be muse for the termination of this Entry Permft 11. SPECIAL NOTICE' ON Mag haws no duly to In&oect the Property to which IhIs,9W Perrot anolles and shall have no duty to went any portion of arty letenl or patent Wait, cordftlen or risk that may exist In the Properly or Ihat Mehl be Inmrrad in the OMA tine rights premed hewn. FOMat. Pernitae MeO be solehr rB&oonelye br Mae entl of A na Aha ProoerN oureuent le tlhht Fyry PnrmN [GROW With all veldt" parked on or about me PrcoeM t to is h Entry . relaesed from ell gM110V or odlaatbn b corvrecYon thomm m 12. EnIN Fee. Permltae shell pay to City for the Issuance of Ws Entry Permit a fee in the amount of SWA. 13. ReslomIjen. Upon the termination of this Entry Permit, Permltee, Meg remove all rubbish and debris from the Property resulting from Its acUvitles bereunder and shell restom the Property to Its pro6detng condition. 14. Wens. Panntes shall not permit to be enforced against the Property, or any part thereof, any mechanics or other Ilan arising from Its acMes on the Property, and Permides shell pay or muse to be paid any such Ben or claim before any action Is brought to enforce the same against the Property. Is.t . Should Permltea breach any of Its obligations hereunder. City shell have It M, but not the obligation, to cure such breach at Pannties's W"nse, and Pernitfee shall promptly mimbume City for as costs so Incurred, together with Interest at the rale of len percent (10%) per annum. 18. n This Entry Permit oonatinnes the entire agreement between Gly and pertni nlrig to Parmitea's entry upon the Property. 17. Govern1mi Law: This Entry Permit Map be construed and enforced in accordance with And governed by the laws or the Slate of California. 18, AtdmtWx Fees: In the event of any legal action to enforce the rights or remedles of What party to this Permit. the prevailing party shell not be entitled to ettomeys' fees. 19. Survival. The obligations and Ilobipges of Parmmee hereunder shall survive the termination of this Entry Permit 20. AulwAn. Any person execuft this Entry Permit on behalf of Permmee represents and warrants that he/she is duly authorized to execute same and that Pennlree is bound by the terms and conditions hereof. 21. Soerial Provisions. This Entry Permit is also subject to the fallowing special requirements: The Civic Center parking structure and the adjacent parking lot are posted No Parking from 11:00 p.m. to 6:00 a.m. Vehicles left In the parking structure beyond 11:00 p.m. are subject to a citation or being towed at the owner's expense. CITY AND PERMITTEE have entered into this Entry Permit as of this 2811 day of November, 2018. PERMITEE: CITY. THE IRVINE COMPANY, I.I.C. a Delaware limited liability company CITY OF NEWPORT BEACH, a Califomia municipal corporation Gra Leung Ci anager APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Senior rope or Operations /t _ /� Office Properties lµ),«;yl„Vd.1CJ�f�/'_r/✓��` By: I%/ Aaron C. Harp k1Y1 City Attorney ATTEST By: Leileni I. Brown �� City Clerk 1E/ WPn� EXHIBIT A Civic Center Parking Structure —100 Civic Center Drive, Newport Beach, CA 92660 2"dFloorParking ONLY. NO parking between 11:00 p.m. and 6:00 a.m. NO parking in Library Lot located at1000 Avocado Avenue, Newport Beach, CA 92660 I PARKING STRUCTURE (LEVEL 2) E RRxv uv ♦o LEVEL a E C LEVEL a u EV OXLEVELa F00. VI61tISITRO 0R8 RXO EMPLOYEES LEGEND Civic Center oPET Fn6wxGi NfiITORSfl FM ROVEES __\ ® RECRETI f4 TIW - ORR GE EV Sam Civic Center Parking Structure —100 Civic Center Drive, Newport Beach, CA 92660 2"dFloorParking ONLY. NO parking between 11:00 p.m. and 6:00 a.m. NO parking in Library Lot located at1000 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: 12/4/18 Dept./Contact Received From: Shirley Date Completed: 12/4/18 Sent to: Shirley By: Jan Company/Person required to have certificate: The Irvine Company, LLC Type of contract: Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/18— 10/1/19 A. INSURANCE COMPANY: Federal Insurance Company B. AM BEST RATING (A-: VII or greater): A++/ XV INSURANCE COMPANY: ACE American Insurance Company C. ADMITTED Company (Must be California Admitted): B. 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 Is Company admitted in California? include): Is it included? (completed Operations status does ❑ No D. not apply to Waste Haulers or Recreation) ❑ Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND UM, $2M min for Waste Haulers): What is limits provided? COMPLETED OPERATIONS ENDORSEMENT (completed E Operations status does not apply to Waste Haulers) ❑ Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City (What is limits provided?) its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be ❑ No G. included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured H. HIRED AND NON -OWNED AUTO ONLY: is not limited solely by their negligence) Does endorsement ❑ Yes ❑ No 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 IL AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/18— 10/1/19 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. BI & 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 (if individual) (What is limits provided?) N/A F. ADDITIONAL INSURED WORDING: ® N/A ❑ Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING: ® N/A ❑ Yes ❑ No H. HIRED AND NON -OWNED AUTO ONLY: ® N/A ❑ Yes ❑ No 1. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 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 VI BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Agent Ot Alllant Insurance Services Broker of record for the City of Newport Beach 12/4/18 Date ❑ 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 / ■ RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. Date CERTIFICATE OF LIABILITY INSURANCE TE °112'2018°""Y' 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(les) 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 CONTACT NAME: Marsh Risk & Insurance Services ac°No E:: (A/C, No): CA License #0437153 633 W. Fifth Street, Suite 1200 EWAIL Los Angeles, CA 90071 ADDRESS: INSURERS AFFORDING COVERAGE _ NAIC# CN102480350-STND-GAUW-18-19 INSURER A: Federal Insurance Company 20281 INSURED Irvine Holding Company LLC INSURERS : ACE American Insurance Company 22667 - - 550 Newport Center Drive INSURER C : Newport Beach, CA 92660 - _ INSURERD: INSURER E: _ INSURER F: COVERAGES CERTIFICATE NUMBER: LOS -002365659-06 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. INSR TYPE OF INSURANCE ADDLISUSR i POLICY EFF POLICY EXP LTR POLICYNUMBER MM/DD/YYVV MM/DDIYYYV LIMITS A X COMMERCIAL GENERAL LIABILITY I 9949-19-92 10101/2018 10/01/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMA NTED 1,000,000 PREMISES (Ea occurrence) $-- X $1,000,000 SIR applies MED EXP (Any one person) $ 0 PERSONAL& ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO XLOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT _ — OTHER: $ B AUTOMOBILE LIABILITY CAL H25271154 10/0112016 10/01/2019 (Ea COMBacciINtlentED SINGLE LIMIT $ 2,000,000 I X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ __. AUTOS ONLY AUTOS HIRED NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accitlent X UMBRELLA LIAB X OCCUR 178185952 10/0112018 10/0112019 EACH OCCURRENCE $ 1,OO;' EXCESS LIAB CLAIMS -MADE AGGREGATE $ 1,000,000 DED X RETENTION $O $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N STATUTE I ER ___ ANYPROPRIETOR/PARTNERIEXECUTIVEE.L. EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED9 O NIA (Mandatory in NH) E. L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS be. E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I 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) 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 Drive Newport Beach, 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 & Insurance Services Laurel Ulrich ©1988.2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CHUBS' Liability Insurance Endorsement Policy Pariod Effective Date Policy Number Insured Name of Company Date Issued This Endorsement applies to the following forms: GENERAL LIABILITY Who Is An Insured Scheduled Person Or Organization OCTOBER 1, 2018 TO OCTOBER 1, 2019 OCTOBER 1, 2018 9949-19-92 REU IRVINE HOLDING COMPANY LLC FEDERAL INSURANCE COMPANY SEPTEMBER 12, 2018 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 agreement. • damages arising out of their sole negligence. Liability Insurance AddrlianalInsured - Scheduled Person Or 12CMizatlon canon ed Form 8402.2373 (Ed. 4.94) Endorsement Page f of 2 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. Huwcver, 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. Q Liability Insurance Additional insured Scheduled Person Or Orc,wnization last eaae Form 86-02-2373(Ed .4-94) Endorsement Page2of2 CHUS84 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, 2018 TO OCTOBER 1, 2019 OCTOBER 1, 2018 9949-19-92 REU IRVINE HOLDING COMPANY LLC FEDERAL INSURANCE COMPANY SEPTEMBER 12, 2018 Under Conditions, the following provision is added to the condition titled Other Insurance. Other Insurance - If you are obligated, pursuant to a written contract or 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 Persons of organizations described in the Who Is An Insured section of this contract and that you are obligated, pursuant to a written contract or agreement, to provide with primary insurance as is afforded by this policy, but only to the minimum extent required by such contract or agreement. All other terms and conditions remain unchanged. WNW Insurance Conciltions Other lnsuranca—Primary, Noncontn'butorylosurance Schedu+adPersonororganrration lastpage Foran 80.02-2653 (Rev. 7-09) Endorsement Page I of I C H LJ E3 E3 LEAD SHEET FOR: MARSH RISK & INSURANCE SERVICES RUN DATE: 09/12/2018 POLICY NUMBER: CAL H25271154 ID: Z02KANK1 RUN BY: ACEINAIK4KAND PAGES OF THIS COPY: INSURED'S NAME Irvine Holding Company LLC