HomeMy WebLinkAboutC-8213-5 - Entry Permit for 12 Corporate Plaza ParkingENTRY PERMIT
Issued to: CITY OF NEWPORT BEACH
100 Civic Center Drive
NEWPORT BEACH, CA 92660
Attn: Jennifer Biddle
Phone No.: (949) 644-3232
Email: ibiddleOnewoortbeachca.aov
"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. Proper[ : This Entry Permit is limited to the following area
no rocauon. rermmee a use or me rroperty, shall be in accordance with such rules
agulations as may be established by Company and/or its management agent for the
wty, and in no event shall Permittee obstruct or interfere with the rights of any third
to use the Property.
2. Purpose. This Entry Permit is limited to the following purpose:
3. Term. Subject to the provisions for early termination set forth below, the Term of this
Entry Permit shall commence 6/6/19. The use of the Property by Permittee during the
Term shall be limited to the following daily hours: 10:OOAM to 5:OOPM.
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.
Indemnification: As a material inducement to Company to grant this Entry Permit to
Permittee, Company 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 officers, directors,
aty of neve rt ee lun&eon 3.12.19.doc 31X2019
(Rev. 06/12)
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THE IRVINE COMPANY LLC
550 Newport Center Drive
Newport Beach, California 92660
V
Attn: Vice President, Asset Management
Office Properties
ENTRY PERMIT
Issued to: CITY OF NEWPORT BEACH
100 Civic Center Drive
NEWPORT BEACH, CA 92660
Attn: Jennifer Biddle
Phone No.: (949) 644-3232
Email: ibiddleOnewoortbeachca.aov
"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. Proper[ : This Entry Permit is limited to the following area
no rocauon. rermmee a use or me rroperty, shall be in accordance with such rules
agulations as may be established by Company and/or its management agent for the
wty, and in no event shall Permittee obstruct or interfere with the rights of any third
to use the Property.
2. Purpose. This Entry Permit is limited to the following purpose:
3. Term. Subject to the provisions for early termination set forth below, the Term of this
Entry Permit shall commence 6/6/19. The use of the Property by Permittee during the
Term shall be limited to the following daily hours: 10:OOAM to 5:OOPM.
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.
Indemnification: As a material inducement to Company to grant this Entry Permit to
Permittee, Company 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 officers, directors,
aty of neve rt ee lun&eon 3.12.19.doc 31X2019
(Rev. 06/12)
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 THE IRVINE COMPANY LLC is named, by endorsement,
as an additional insured and is indemnified against liability for damage or injury
in an amount not less than $1.000.000.00 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, producticompleted
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 (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.
12.
Entry Fee. Permittee shall pay to Company for the issuance of this Entry Permit a fee in
the amount of $0.00.
13. Restoration. Upon the termination of this Entry Permit, Permittee shall remove all rubbish
and debris from the Property resulting form 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
antl 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.
dy of nev o ee IunMeon 3.12.19.do 31IV2019
(Rev. 98112)
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 Exhibit A.
COMPA Y A D PERMITTEE have entered into this Entry Permit as of the 9 day
of�, 2019.
COMPANY:
THE IRVINE COMPANY LLC.
a Delaware li ited liability company
By V
Chris Gash
Senior Director Operations
Office Properties
By
Holly Feaster
Senior Manager Operations
Office Properties
PERMITTEE:
CITY OF NEWPORT BEACH,
a municipal corporation
By
C Leung
Manager
APPROVEDASTO FORM:
CRY ATTORNEY'S OFFICE
By
fof• Aaron C. Harp
City Attorney 1
ATTEST:
By �+ '
Leilani I. Brown
City Clerk
e`0'ornew ft ee Wmxem a 12. 19 OW 1WIV2019
(Rev 06112)
Civic Center Drive
Approved City Employee
Parking Areas — no more than
45 vehicles (indicated red
areas only.)
12 Corp
Plaza
h, j
1 Avocado Avenue I
EXHIBIT A: CITY OF NEWPORT BEACH
PARKING AREA