HomeMy WebLinkAboutC-8213-7 - Entry Permit for 12 Corporate Plaza ParkingENTRY PERMIT
Issued to: CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, CA 92660
Attn: Clarivel Rodriguez
Phone No.: (949) 644-3232
Email.: crodriguez@newportbeachca.gov
"PERMITTEE"
PERMISSION IS GRANTED to Permittee to enter upon property of THE IRVINE COMPANY
LLC, a Delaware legal 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
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
3. Term. Subject to the provisions for early termination set forth below, the Term of this
Entry Permit shall commence 9/11/19 and shall expire 9/13/19. The use of the Property
by Permittee during the Term shall be limited to the following daily hours:
24 hour parking is Permitted.
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 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
any pond sept 2019.dou &l V2019
(Rev. 02/16)
rn
00
IRVINE COMPANY OFFICE PROPERTIES
l
550 Newport Center Drive
V
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: Clarivel Rodriguez
Phone No.: (949) 644-3232
Email.: crodriguez@newportbeachca.gov
"PERMITTEE"
PERMISSION IS GRANTED to Permittee to enter upon property of THE IRVINE COMPANY
LLC, a Delaware legal 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
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
3. Term. Subject to the provisions for early termination set forth below, the Term of this
Entry Permit shall commence 9/11/19 and shall expire 9/13/19. The use of the Property
by Permittee during the Term shall be limited to the following daily hours:
24 hour parking is Permitted.
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 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
any pond sept 2019.dou &l V2019
(Rev. 02/16)
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 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 $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, producttcompleted 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.
IPA
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
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 parry 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 permtl sep12019.dpu e/1N2019
(Rev. 02116)
Civic Center Drive
Approved City Employee
Parking Areas — no more than
45 vehicles (indicated red
areas only.) .
12 Corp
Plaza
Tj
of
tf
'J Avocado Avenue I
EXHIBIT A: CITY OF NEWPORT BEACH
PARKING AREA
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.
COMPANY AND PERMITTEE have entered into this Entry Permit as of the 9 day
of $EP T 2019.
COMPANY:
THE IRVINE COMPANY LLC,
a Delaware limited liability company
By
Chn sh
Senior Director
Office Properties
By
Holly essler
r, O e
Senior Managerations
Office Properties
entry permit swt 2019 dom
(Rev. 02116)
PERMITTEE:
CITY OF NEWPORT BEACH,
a municipal corporation
By
Print(04me Grace K. Leung
Title City Manager
APPROVED AS TO FORM:
CITY /ATTORNEY'S OFFICE
By
Printed Name Aaron C. Harp
Title_ City Attorney
Kt 8 -is -)`i
ATTEST:
By 0 !�
Printed Name Leilani Brown
Tine Citv Clerk
81142019
3