HomeMy WebLinkAboutC-7673-1 - 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: Sara Verschueren
Phone No.: 949-644-3699
"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:
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.
Purpose. This Entry Permit is limited to the following purpose:
Additional parking for the Newport Beach Police Department's `Open House' attendees
and for the Newport Beach Police Department's employees.
Term. Subject to the provisions for early termination set forth below, the Term of this
Entry Permit shall commence Sunday, May 19, 2019 and shall expire Sunday, May 19,
2019. The use of the Property by Permittee during the Term shall be limited to the
following daily hours: 11:00am — 6:00pm.
4. Invitees: Only authorized representatives and invitees of Permittee are granted the right
to enter the Property pursuant to this Entry Permit.
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 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 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
nbpd entry permit for 5.19.19 'open house' parking 5/6/2019
(Rev. 02/16)
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.
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 Property to which this
Entry Permit applies and shall have no dutv to warn anv person of anv 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 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 $0.
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
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
nbpd entry permit for 5.19.19 'open house' parking 5/6/2019
(Rev. 02/16)
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:
• No access to the 888 San Clemente building is granted, only to to the 888 '/2 San
Clemente parking structure for overflow parking.
• Newport Beach Police Department can staff the location with their own cadets or
uniformed volunteers. Newport Beach Police Department may place temporary
directional signage for event visitors. All signs must be removed after at end of
event.
• NBPD Officers may be allowed to carry firearms while at 888'/2 San Clemente
COMPANY AND PERMITTEE have entered into this Entry Permit as of the 11th day of April,
2019.
COMPANY:
The Irvine Company, LLC
A Delaware Limited Liability Company
Signed in Counterpart
E
Chris Gash
Senior Director, Operations
Office Properties
Signed in Counterpart
By
Eva Roldan
Manager, Operations
Office Properties
nbpd entry permit for 5.19.19 'open house' parking 5/6/2019
(Rev. 02/16)
PERMITTEE:
Newport Beach Police Department
Approved As To Form:
City Attorney' Office:
Date: S • -7 - ! 9
By h &(%r
a on C. Harp
City Attorney
City of Newport Beach
A California Municipal Corporation
Date-.—
By
ate:
By
4racWk Leung
C Manager
Date:Attest
:6�1f �n
Date: � �7
Leilani 1. :.
City Clerk:
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:
• No access to the 88a San Clemente building is granted, only to to the 888 '/2 San
Clemente parking structure for overflow parking.
• Newport Beach Police Department can staff the location with their own cadets or
uniformed volunteers. Newport Beach Police Department may place temporary
directional signage for event visitors. All signs must be removed after at end of
event.
• NBPD Officers may be allowed to carry firearms while at 888 Y San Clemente
COMPANY AND PERMITTEE have entered into this Entry Permit as of the 11th day of April,
2019.
COMPANY:
PERMITTEE:
The Irvine Company, LLC Newport Beach Police Department
A Delaware Limited Liability Company
By
C Gash
Senior Director, Operations
Office Properties
By zt ,- l m
Eva Roldan
Manager, Operations
Office Properties
Approved As To Form:
City Attorney' Office:
Date: 5- • -7 • 19
By <iar
on C. Harp
y Attorney
City of Newport Beach
A California Municipal Corporation
Date: -5 _I
y
By
rac C Leung
C' Manager
Attest
Date:
Leilani I. Brown
City Clerk:
CERTIFICATE NO.
ISSUE DATE (MM/DD/YYYYI
GLI -8134 til
CERTIFICATE OF COVERAGE 04/29/2019
THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
CSAC Excess InsuranceLTER
CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELYOR NEGATIVELYAMEND, EXTEND OR
THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE
Authority
ONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE
ERTIFICATE HOLDER.
C/O ALLIANT INSURANCE SERVICES, INC.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED and/or requesting a WAIVER OF
PO BOX 6450
NEWPORT BEACH, CA 92658.6450
SUBROGATION, the Memorandums of Coverage must be endorsed. A statement on this certificate does
t confer rights to the certificffie holder in lieu of such endorsement(s).
PHONE (949) 756-0271 / FAX (619) 6991
_
COVERAGE A - CSAC Excess Insurance Authority
tY
LICENSE#OC36861
Member:
COVERAGE
CITY OF NEWPORT BEACH
AFFORDED B
ATTN: BARBARA SALVINI
COVERAGE
100 CIVIC CENTER DR
AFFORDED C
NEWPORT BEACH, CA 92660
COVERAGE
AFFORDED D
Coverages
THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR
THE 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 COVERAGE AFFORDED BY THE MEMORANDUMS
DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS, LIMITS SHOWN MAY
HAVE BEEN REDUCED BY PAID CLAIMS,
CO
TYPE OF COVERAGE
MEMORANDUM
COVERAGE EFFECTIVE
COVERAGE EXPIRATION
LIABILITY LIMITS
LTR
NUMBER
DATE(MM/OD/YYYY)
DATE(MM/DD/YYYY)
A
Excess General Liability
EIA -PE 18 EL -89
07/01/2018
07/01/2019
$2,000,000
Auto Liability
$2,000,000
Limits inclusive of the Membefs
Self -Insured Retention of
$500,000
Description of Operations/Locations/Vehicles/Special Items:
AS RESPECTS AGREEMENT BETWEEN CITY OF NEWPORT BEACH POLICE DEPARTMENT AND THE IRVINE COMPANY FOR USE OF
PARKING FOR AN EVENT ON MAY 19, 2019.
THE IRVINE COMPANY IS INCLUDED AS AN ADDITIONAL COVERED PARTY, BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS
CONTRACT ARE CONCERNED.
THIS COVERAGE SHALL BE PRIMARY AND NO OTHER INSURANCE SHALL CONTRIBUTE. PURSUANT TO ENDORSEMENT NUMBER U-13.
Cancellation
Certificate Holder
SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WIL BE DELIVERED IN ACCORDANCE
WITH THE MEMORANDUMS OF COVERAGE PROVISIONS
IRVINE COMPANY
550 NEWPORT CENTER DR
AUTHORIZED REPRESENTATIVE
NEWPORT BEACH, CA 92660
CSACEXCESSI1L9lIRANCE
AAI Rlry—
PAGE 1 OF 2
ENDORSEMENT NO. U-1
CSAC EXCESS INSURANCE AUTHORITY
GENERAL LIABILITY 1
ADDITIONAL COVERED PARTY AMENDATORY ENDORSEMENT
It is agreed that the'Covered Party, Covered Persons or Entities' section of the Memorandum is amended
to include the person or organization named on the Certificate of Coverage, but only with respect to liability
arising out of premises owned by or rented to the Member, or operations performed by or on behalf of the
Member or such person or organization so designated.
Coverage provided under this endorsement is limited to the lesser of the limits stated on the Certificate of
Coverage or the minimum limits required by contract.
ADDITIONAL COVERED PARTY:
NAME OF PERSON OR ORGANIZATION SCHEDULED PER ATTACHED CERTIFICATE OF COVERAGE
AS RESPECTS:
PER ATTACHED CERTIFICATE OF COVERAGE
It is further agreed that nothing herein shall act to increase the Authority's limit of liability.
This endorsement is part of the Memorandum and takes effect on the effective date of the
Memorandum unless another effective date is shown below. All other terms and conditions
remain unchanged.
Effective Date:
Issued to: ALL MEMBERS
Issue Date: June 25. 2018
llwz4,
Authorized Representativt
CSAC Excess Insurance ;honty
Memorandum No.: EIA 18 EL -00
PAGE 2 OF 2
ENDORSEMENT NO. U-13
CSAC EXCESS INSURANCE AUTHORITY
GENERAL LIABILITY 1
AMENDATORY ENDORSEMENT - PRIMARY/NON-CONTRIBUTORY
It is understood and agreed that Condition 7. OTHER COVERAGE and Endorsement U-
10 of the Memorandum to which it is attached, is deleted in its entirety and replaced by
the following:
7. OTHER COVERGE
If collectible insurance with an insurer is available to the covered party covering a loss
also covered hereunder (whether on a primary, excess or contingent basis), the coverage
hereunder shall be in excess of, and shall not contribute with, such insurance; provided
that this clause does not apply with respect to excess insurance purchased specifically to
be in excess of this Memorandum, or to insurance or reinsurance which is intended to
provide the remainder of the limit of liability stated in the Declarations of this
Memorandum when the coverage afforded under this Memorandum provides less than
100 percent of the limit set forth in the Declarations. However, if the covered party has
entered into a written agreement, prior to any loss event, in which it is agreed that this
coverage shall be primary and/or non-contributory with respect to an additional covered
party as specified in Endorsement U-1 of this Memorandum, then this coverage shall
respond as primary and/or non-contributory, but shall be limited to the lesser of the limits
stated on the Certificate of Coverage or the minimum limits required by the written
agreement.
Notwithstanding the foregoing paragraph, if coverage for a claim or suit is available under
this Memorandum and a memorandum of coverage issued in connection with the
Authority's Medical Malpractice Program, this Memorandum shall afford primary coverage
only where the gravamen of the claim or suit involves liability covered hereunder. EIA
staff will preliminarily assess the gravamen of the claim or suit and refer it to the
committee responsible for the coverage believed to be applicable under this paragraph.
Where that committee disputes the Authority's assessment of the gravamen of the claim
or suit and rejects primary coverage, the Authority will thereafter refer the claim or suit to
the committee responsible for the other applicable coverage. If that committee also
rejects the primary coverage responsibility, the Executive Committee will determine which
of the Authority's coverages is primary under this paragraph.
If the Member disputes the acceptance of primary coverage by a committee of the
Authority resonsible for the coverage, the Member may appeal that decision to the
Executive Committee. Appeal must be requested within 60 day sof the coverage
acceptance by the Authority.
If the Member is not satisfied with the outcome of the Executive Committee Appeal or the
determination by the Executive Committee as to which of the Authority's covergaes is
primary where no committee agreed to accept primary responsibility, the Member may
invoke Section (d) and (e) of Article 31 of the Authority's Joint Powers Agreement and
Proceed to arbitration and, if necessary, litigation. For purposes of this paragraph, the
Member must request to invoke Article 31 dispute resolution process within 60 days of the
Executive Committee's determination as to which of the Authority's coverages is primary.
Where a memorandum of coverage issued in connection with the Authority's Medical
Malpractice Program is determined to afford primary coverage pursuant to this section,
the exhaustion of the Authority's limit of liability under the Medical Malpractice Program
will satisfy the covered party's self-insurance retention under this Memorandum.
Coverage for the additional covered party under this endorsement is limited to the written
contract or agreement as specified on the Certificate of Coverge and Endorsement U-1 of
this Memorandum.
It is further agreed that nothing herein shall act to increase the Authority's limit of liability.
This endorsement is part of the Memorandum and takes effect on the effective date of
the Memorandum unless another effective date is shown below. All other terms and
conditions remain unchanged.
Effective Date October 1,2018 Memorandum No.: EIA 18 EL -00
Issued to: ALL MEMBERS
Issue Date: October 29, 2018
Authoriad
five
Represe ve
CSAC Excess Insuran u rity