HomeMy WebLinkAboutC-7903-1 - Temporary Entry Permit (for 4500 San Joaquin Hills Road)l
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TEMPORARY ENTRY PERMIT
AThis Temporary and Non -Exclusive Entry Permit ("Entry Permit") is made as of
U U , 2020, ("Effective Date") by and between the CITY OF
NEWPORT BEACH, a California municipal corporation and charter city (hereinafter
"Licensor"), and AESCO, Inc., a California corporation (hereinafter "Licensee").
RECITALS
A. Licensor is the owner of certain property in the City of Newport Beach, consisting
of that certain real property within the City of Newport Beach, County of Orange, State of
California, with the common street address of 4500 San Joaquin Hills Road (Assessor's
Parcel Number 461 171 03), and commonly known as "Harbor Watch Park" (collectively,
"Property"), depicted on Exhibit "A" attached hereto and incorporated herein by reference.
B. The Eukon Group, an SFC Communications, Inc. Company ("The Eukon Group"),
a California Corporation, is a consultant for New Cingular Wireless PCS, LLC, a Delaware
limited liability company. The Eukon Group retained Licensee to complete a geotechnical
investigation on the Property.
C. Licensee desires to access certain portions of the Property for the purpose of
conducting a geotechnical investigation, which may include conducting soils, engineering,
environmental abatement, and other tests and surveys, and such other activities as
described in Exhibit "B" ("Work Site Plan") attached hereto and incorporated by reference
or as Licensor may expressly authorize in writing from time to time.
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the parties hereto agree as follows:
1. Term. The term of this Entry Permit shall not exceed a period of ninety (90)
calendar days, commencing on the Effective Date, and terminating automatically without
further notice or action by the Licensor. Licensor may, in its sole and absolute discretion,
and with not less than twenty-four (24) hours prior written notice to Licensee, terminate
this Entry Permit.
2. Activities. Licensee's activities related to this Entry Permit are limited to those
activities listed in the Work Site Plan. Should Licensee desire to engage in any action not
explicitly listed in the Work Site Plan, prior to engaging in such action, Licensee must
submit a written request to engage in such actions on the Property and receive written
approval from Licensor's City Manager, or his or her designee. All actions and activities
permitted under this Entry Permit and any subsequent actions approved by the City
Manager, or his or her designee, pursuant to this Section shall be collectively known as
"Activity" or "Activities" for the purpose of this Entry Permit. Prior to engaging in any
Activity which results in a physical change to the Property, Licensee shall execute and
deliver to Licensor any bonds required by this Entry Permit.
3. License to Enter Property. Licensor hereby grants to Licensee a temporary,
nonexclusive license and permission to enter upon the Property for the Activities set forth
in the Work Site Plan and for no other purpose, subject to Licensee's strict compliance
with all the terms of this Entry Permit; provided, that Licensee's uses of the Property
permitted hereunder shall not interfere with the reasonable use and enjoyment thereof by
Licensor or any lessees, occupants or persons claiming through or under Licensor.
Licensee shall not permit any other party, except Licensee's duly authorized employees,
agents and independent contractors, to enter or use the Property during the term of this
Entry Permit without Licensor's prior written consent. Notwithstanding anything to the
contrary in this Entry Permit, (a) if Licensee desires to undertake any inspection,
investigation or testing of the Property with respect to the presence of hazardous or toxic
substances or any substance which requires investigation or remediation under any
federal, state or local statute, regulation, ordinance, order, action or policy, Licensee shall
perform such inspections, investigations or tests using only environmental engineers or
consultants reasonably approved, in writing, by Licensor and pursuant to a work plan
reasonably approved, in writing, by Licensor, and (b) if Licensee desires to perform soils
borings or other intrusive testing of any type, Licensee shall perform such work only using
contractors reasonably approved, in writing, by Licensor and pursuant to a site walk and
work plan approved, in writing, by Licensor.
3.1 No Interest in Property. Nothing herein shall be deemed to create a lease,
license, or easement of any property right, or to grant any, possessory or other interest in
the Property, or any public right-of-way, other than a right to enter upon the Property to
perform the work specified herein, revocable and for a temporary term as set forth in this
Entry Permit.
4. Government Regulations and Other Obligations of Licensee. Licensee shall obtain
at its sole cost and expense all governmental permits and authorizations of whatever
nature required by any and all applicable governmental agencies, including Licensor, for
Licensee's use of the Property, and will furnish Licensor evidence of such permits and
authorizations. While on the Property, Licensee will comply and will cause Licensee's
contractors and Licensee's and its contractors' respective employees, invitees,
representatives, agents and subcontractors and any other parties directly or indirectly
employed by any of the foregoing or for whose acts any of the foregoing may be liable
(collectively, "Representatives") on the Property to comply with all applicable
governmental laws and regulations. Further, Licensee shall provide Licensor with any
and all environmental, biological, ecological, or similarly stated report(s) generated by or
for Licensee or The Eukon Group regarding the Property using data collected at any time
prior to, or during, the term of this Entry Permit within 30 calendar days of the Effective
Date of this Entry Permit or, if the data is collected during the term of this Entry Permit,
within 30 calendar days of entering the Property to collect data for a report, to ensure the
site and any potential environmentally sensitive habitat areas (ESHA) or protected
species have been identified and are protected during the course of Licensee's entry and
work at the Property. All persons who enter upon the Property pursuant to this Entry
Permit do so at their own risk, and shall comply with any and all instructions and directions
of Licensor. Licensee shall cause such persons to observe strict fire and smoking
precautions, and shall ensure that no fires are lighted on the Property and that no
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hazardous materials, firearms or intoxicating liquor shall be carried onto the Property by
any persons entering thereon pursuant hereto. Licensee shall further cause such persons
to take all precautionary measures to avoid the movement or displacement of any
decorative rocks, plants, shrubs, trees, or other similar d6cor that could have otherwise
been left unchanged in order to complete the work described under this Entry Permit.
5. Special Notice. Licensor shall have no duty to inspect the Property 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 Property or that might be incurred in the
exercise of the rights granted herein.
6. Maintenance and Condition of Property. During the term of this Entry Permit,
Licensee will be responsible for any damage done to the Property during such term by
Licensee or its Representatives and, upon departing from or being required to vacate the
Property, will pay the costs of repairing and restoring the Property and every portion
thereof to at least as good condition as existed prior to Licensee's entry onto the Property.
Licensee agrees to pay all utility charges, if any, allocable to its or its Representatives'
use of the Property.
7. No Construction or Signs without Permission. No structure, signs or other
improvement of any kind shall be constructed and no grading or moving of earth shall be
undertaken on the Property by Licensee or its Representatives without the express prior
written permission of Licensor in each case. No approval by Licensor of any plans or
specifications shall be deemed to constitute an approval of architectural or engineering
design or to be a representation or warranty by Licensor as to the adequacy or sufficiency
of such plans and specifications or the improvements or grading contemplated thereby
for any use or purpose; but such approval shall merely be the consent of Licensor as
required hereunder in connection with Licensee's performance of said operation.
Licensor by approving such plans and specifications assumes no responsibility or liability
for any defect in any improvements constructed or grading done on the basis of such
plans and specifications. At Licensor's option, all such improvements made by Licensee
shall either become the sole property of Licensor upon expiration or termination of this
Entry Permit, without the payment of any consideration to Licensee, or shall be removed
by Licensee at its sole cost and expense, and the Property shall be fully restored to its
original condition. Upon completion of any approved grading, excavation or any test
boring site, Licensee, at its sole cost and expense, shall cause any exposed openings to
be backfilled and compacted, any improvement or landscaping which has been damaged
by Licensee or its Representatives to be fully restored to its original condition, and any
disturbed ground to be leveled to its prior condition. Licensee shall cause all of its
Activities hereunder to be performed in a safe manner and shall not cause to exist any
dangerous or unsightly condition.
8. Liens. Licensee shall not suffer or permit to be enforced against the Property, or
any part thereof, any mechanics', materialmen's, contractors' or subcontractors liens or
any claim for damage arising from the work of any construction, excavation, survey, tests,
grading, repair, restoration, replacement or improvement, or any other work, performed
by Licensee or its Representatives, and Licensee shall pay or cause to be paid all of said
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liens, claims or demands before any action is brought to enforce the same against the
Property. Licensee expressly agrees to indemnify, defend and hold harmless Licensor,
all of the other "Indemnitees" (as that term is defined below), and hold the Property free
from all liability for any and all such liens, claims and demands, together with reasonable
attorneys' fees and all costs and expenses in connection therewith. Notwithstanding
anything to the contrary set forth above, if Licensee shall in good faith contest the validity
of any such lien, claim or demand, then Licensee shall, at its expense, defend itself and
the Indemnitees against the same and shall pay and satisfy any adverse judgment that
may be rendered thereon before any enforcement thereof against Licensor or the
Property, but only upon the condition that if any Indemnitee shall so require, Licensee
shall procure and record or furnish to Licensor a surety bond or other acceptable security
satisfactory to Licensor in an amount at least equal to such contested lien, claim or
demand indemnifying the Indemnitees against liability for the same, and holding the
Property free from the effect of any such lien or claim. Licensor reserves the right at any
time and from time to time to post and maintain on said Property, or any portion thereof
or improvement thereon, such notices of non -responsibility or otherwise as may be
necessary to protect the Indemnitees against liability for all such liens and claims.
9. Notices of Non responsibility. Licensor may, at Licensor's sole expense, post on
the Property and record in the Office of the Recorder, Orange County, California, a notice
or notices of nonresponsibility.
10. Licensor Not Liable.
10.1 Licensor and its elected or appointed officers, boards and commissions,
officials, agents, employees and volunteers shall not be responsible in any manner for
any loss or damage to any of the materials or other things used or employed in performing
the Activities or for injury to or death of any person as a result of Licensee's access to or
presence at the Property, performance of the Activities, or for damage to property from
any cause arising from the performance of the Activities of Licensee, or its contractors,
subcontractors, workers, or anyone employed by any of them.
10.2 Licensee shall be responsible for any liability imposed bylaw and for injuries
to or death of any person or damage to property resulting from defects, obstructions or
from any cause arising from Licensee's Activities, or the Activities of any contractor,
subcontractor, or supplier selected by Licensee.
10.3 To the fullest extent permitted by law, Licensee shall indemnify, defend and
hold harmless Licensor, its elected or appointed officers, boards and commissions,
officials, agents, employees and volunteers (collectively, the "Indemnitees") from and
against any and all claims (including, without limitation, claims for bodily injury, death or
damage to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including, without
limitation, attorneys' fees, disbursements and court costs) of every kind and nature
whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any
manner relate (directly or indirectly) to any breach of the terms and conditions of this Entry
Permit, any Activities performed pursuant to this Entry Permit including, without limitation,
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defects in workmanship or materials or Licensee's presence or Activities conducted
(including the negligent, reckless, and/or willful acts, errors and/or omissions of Licensee,
its principals, officers, agents, employees, vendors, suppliers, consultants,
subconsultants, contractors, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable for any or all of them).
10.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Licensee to indemnify the Indemnitees from any Claim arising from the sole negligence
or willful misconduct of the Indemnitees. Nothing in this indemnity shall be construed as
authorizing any award of attorneys' fees in any action on or to enforce the terms of this
Entry Permit. This indemnity shall apply to all claims and liability regardless of whether
any insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Licensee.
10.5 Licensee shall perform all Activities in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Licensee shall be liable for any private or public property damaged during the
performance of the Activities.
10.6 Nothing in this Section or any other portion of the Entry Permit shall be
construed as authorizing any award of attorneys' fees in any action to enforce the terms
of this Entry Permit, except to the extent provided for above.
10.7 The rights and obligations set forth in this Section shall survive the
termination of this Entry Permit.
11. Bonding Requirement. Prior to engaging in any Activity that would create a
physical change to the Property, Licensee must execute and delivery to Licensor bonds
for the faithful performance of the requirements of this Entry Permit and for the payment
of all labor and material in connection therewith. Such performance and labor and
material security bonds must be provided by Licensee to Licensor in acceptable corporate
surety bonds, which shall be determined by Licensor, which are each one hundred
percent (100%) of the estimated cost of the work to return Property to its original condition.
The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued
by an insurance organization or surety (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, (2) listed as an
acceptable surety in the latest revision of the Federal Register Circular 570, and (3)
assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide: Property
Casualty. No Activities requiring a bond under this Entry Permit may commence without
prior written approval of the bond by Licensor.
12. Licensor Payment of Claims. In addition to and not in limitation of Licensor's other
rights and remedies under this Entry Permit, should Licensee fail within ten (10) business
days of a written request from Licensor either (a) to pay and discharge any lien or claim
arising out of Licensee's use of the Property or to have bonded around such liens or
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claims as provided above in Section 8, or (b) to indemnify and defend the Indemnitees
from and against any Claim as provided above in Section 10, then in any such case
Licensor may, at its option, pay any such lien or claim or settle or discharge any action
therefor or satisfy any judgment thereon, and all costs, expenses and other sums incurred
by Licensor in connection therewith (including but not limited to reasonable attorneys'
fees) shall be paid to Licensor by Licensee upon written demand, together with interest
thereon at the maximum contract rate permitted by law from the date incurred or paid until
repaid and any default either in such initial failure to pay or subsequent repayment to
Licensor shall at Licensor's option constitute a breach under this Entry Permit.
13. Insurance.
13.1 Licensee shall acquire and maintain, or cause to be acquired and
maintained, insurance covering risks relating to Licensee's services to be performed
hereunder in form subject to the approval of the Licensor's Risk Manager. The policy or
policies shall provide, at a minimum, those items described below.
Coverage Requirements
13.1.1 Workers' Compensation - statutory minimum (Licensee certifies that
it is aware of the provisions of the Labor Code of the State of
California which require every employer to be insured against liability
for workers' compensation or to undertake self-insurance in
accordance with the provisions of that Code, and Licensee certifies
that it will comply with such provisions before commencing the
performance of the work of this Entry Permit.)
13.1.2 Employer's Liability - $1,000,000 per accident for bodily injury or
disease.
13.1.3 Commercial General Liability - $1,000,000 per occurrence and
$2,000,000 aggregate for bodily injury, personal injury and property
damage.
13.1.4 Automobile Liability - $1,000,000 per accident for bodily injury and
property damage (coverage required to the extent applicable to
Licensee's vehicle usage in performing services hereunder).
13.1.5 Professional Liability - $1,000,000 per claim and $2,000,000
aggregate.
13.1.6 Licensee's Pollution Liability - $1,000,000, for contractors or
subcontractors performing construction work providing coverage for
liability arising out of a sudden, accidental and gradual pollution
13.2 Concurrently with, or prior to the execution of this Entry Permit, Licensee
shall furnish Licensor with certificates and copies of information or declaration pages of
the insurance required hereunder and, with respect to evidence of commercial general
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liability, automobile liability, and pollution liability insurance coverage, with original
endorsements:
13.2.1 Naming the Licensor, its elected or appointed officers, boards and
commissions, officials, agents, employees and volunteers, as
additional insureds.
13.2.2 Stating that insurer waives all rights related to workers'
compensation subrogation against the Licensor, its elected or
appointed officers, boards and commissions, officials, agents,
employees and volunteers.
13.2.1 Stating that the insurance required by this agreement shall not be
suspended, voided, canceled, or reduced in coverage or in limits.
13.3 Additional Requirements
13.3.1 Licensee must provide declarations and endorsements stating that
Licensee's insurance coverage shall be the primary insurance with
respect to Licensor, its elected or appointed officers, boards and
commissions, officials, agents, employees and volunteers, and any
insurance or self-insurance maintained by Licensor for itself, its
Council, officers, boards, commissions, employees, or agents shall
be in excess of Licensee's insurance and not contributory with it.
13.3.2 Licensee shall use its commercially reasonable efforts to cause any
policies or certificates of insurance required under the provisions of
this Section to contain an endorsement or provision that not less than
thirty (30) days' prior written notice be given to Licensor prior to
cancellation or reduction of coverage or amount of such policy.
Notwithstanding the foregoing, Licensee shall immediately provide
notice to Licensor of cancellation in coverage or reduction in per
occurrence limits by first class mail.
13.3.3 Licensee hereby grants to Licensor a waiver of any right to
subrogation which any insurer of said Licensee may acquire against
the Licensor by virtue of the payment of any loss under such
insurance. This provision applies regardless of whether or not the
Licensor has requested or received a waiver of subrogation
endorsement from the insurer.
13.3.4 Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than A:VII, unless otherwise acceptable to Licensor.
13.3.5 Licensor reserves the right to modify these requirements, including
limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances.
13.3.6 The insurance obligations under this Entry Permit shall be: (1) all the
insurance coverage and/or limits carried by or available to the
Licensee; or (2) the minimum insurance coverage requirements
and/or limits shown in this Entry Permit, whichever is greater. Any
insurance proceeds in excess of or broader than the minimum
required coverage and/or minimum required limits, which are
applicable to a given loss, shall be available to the Licensor. No
representation is made that the minimum insurance requirements of
this Entry Permit are sufficient to cover the obligations of the
Licensee under this Entry Permit.
13.3.7 Licensee shall be responsible for causing all contractors,
subcontractors and consultants to purchase the same types and
limits of insurance in compliance with the terms of this Entry Permit,
including adding Licensor as an Additional Insured, providing
Primary and Non -Contributory coverage and Waiver of Subrogation
as required herein.
14. Termination and Remedies. The right of entry granted by this Entry Permit shall
terminate as specified in Section 1. In addition, if Licensee is in breach or threatens
breach of any of its obligations under this Entry Permit, Licensor shall have the right to
terminate this Entry Permit immediately by providing written notice to Licensee. Licensee
acknowledges that this is solely an Entry Permit in the nature of a license and that
Licensee has no rights as an owner, purchaser or tenant by virtue hereof. Upon
termination of this Entry Permit, Licensee shall promptly vacate the Property and Licensor
may reenter and take exclusive possession of the Property and remove all persons or
things therefrom, without legal process to the maximum extent permitted by law, or by
such legal process as Licensor may deem appropriate. In the event of termination hereof
due to a breach or threatened breach by Licensee of any provision hereunder, Licensor
may seek any remedy available at law or in equity, including but not limited to a suit for
damages for any compensable breach or noncompliance herewith or an action for specific
performance or injunction. All remedies provided herein or by law or equity shall be
cumulative and not exclusive. No termination or expiration of this Entry Permit shall
relieve Licensee of its obligations to perform those acts required to be performed either
prior to or after its termination.
Notwithstanding the above provisions, Licensor shall have the right, at its sole discretion
and without cause, to terminate this Entry Permit at any time by giving twenty-four (24)
hours' prior written notice to Licensee.
15. Licensor Inspection. Licensor and any authorized representative, employee, agent
or independent contractor, shall be entitled to enter and inspect the Property or any
portion thereof or improvements or work of Licensee thereon at any time and from time
to time.
16. Assignability. This Entry Permit may not be assigned, whether voluntarily or by
operation of law, without the prior written approval of Licensor. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Licensee, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Licensee is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Licensee. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint venture.
17. Notices. All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing, and
conclusively shall be deemed served when delivered personally, or on the second
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Licensee to Licensor shall be
addressed to Licensor at:
Attention: Real Property Administrator
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
All notices, demands, requests or approvals from Licensor to Licensee shall be
addressed to Licensee at:
Attention: Kay Alabed, President
AESCO, Inc.
17782 Georgetown Lane
Huntington Beach, CA 92647
18. Waiver. A waiver by Licensor of any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
19. No Recordation of Entry Permit. Neither this Entry Permit nor a short form
memorandum or assignment hereof shall be filed or recorded in any public office and any
attorneys' fees or other costs incurred in clearing such cloud on title to the Property shall
be Licensee's responsibility.
20. Damages. Licensee acknowledges that Licensor would not enter into this Entry
Permit if it were to be liable for damages (including, but not limited to, actual damages,
economic damages, consequential damages, lost profits, loss of rents or other revenues,
loss of business opportunity, loss of goodwill or loss of use) under, or relating to, this Entry
Permit or any of the matters referred to in this Entry Permit, including, without limitation,
any and all plans, permits, licenses or regulatory approvals, CEQA documents, and
transfers. Accordingly, Licensee covenants and agrees on behalf of itself and its
successors and assigns, not to sue Licensor (either in its capacity as Licensor in this Entry
Permit or in its capacity as the City of Newport Beach) for damages (including, but not
limited to, actual damages, economic damages, consequential damages, lost profits, loss
of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use)
or monetary relief for any breach of this Entry Permit by Licensor or for any dispute,
controversy, or issue between Licensor and Licensee arising out of or connected with this
Entry Permit or any of the matters referred to in this Entry Permit, including, without
limitation, any and all plans, permits, licenses or regulatory approvals, CEQA documents,
transfers or any future amendments or enactments thereto, the parties agreeing that
declaratory relief, injunctive relief, mandate and specific performance shall be Licensee's
sole and exclusive judicial remedies.
21. Standard Provisions.
21.1 Recitals. Licensor and Licensee acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Entry Permit.
21.2 Compliance with all Laws. Licensee shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Activities engaged in by Licensee shall conform to applicable city,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Licensor.
21.3 Integrated Contract. This Entry Permit represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
21.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Entry Permit and any other attachments attached hereto,
the terms of this Entry Permit shall govern.
21.5 Interpretation. The terms of this Entry Permit shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Entry Permit or any other rule of
construction which might otherwise apply.
21.6 Amendments. This Entry Permit may be modified or amended only by a
written document executed by both Licensee and Licensor and approved as to form by
the City Attorney.
21.7 Severability. If any term or portion of this Entry Permit is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Entry Permit shall continue in full force and effect.
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21.8 Controlling Law and Venue. The laws of the State of California shall govern
this Entry Permit and all matters relating to it and any action brought relating to this Entry
Permit shall be adjudicated in a court of competent jurisdiction in the County of Orange,
State of California.
21.9 Equal Opportunity Employment. Licensee represents that it is an equal
opportunity employer and it shall not discriminate against any contractor, subcontractor,
employee or applicant for employment because of race, religious creed, color, national
origin, ancestry, physical handicap, medical condition, marital status, sex, sexual
orientation, age or any other impermissible basis under law.
21.10 Multiple Licensees. If more than one party executes this Entry Permit as
Licensee, then the obligations and liabilities of all such parties shall be joint and several.
21.11 No Attorney's Fees. In the event of any dispute or legal action arising under
this Entry Permit, the prevailing party shall not be entitled to attorneys' fees.
21.12 Counterparts. This Entry Permit may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Entry Permit as
of the date first above written.
LICENSEE
AESCO, INC.,
a California corporation
Date:T�
By.-
Kay
y:Kay A bed
President
ATTEST:
Date: V I q % z o,
By: ��zll'04'
Leilani I. Brown
City Clerk
LICENSOR
CITY OF NEWPORT BEACH,
a California municipal corporation and
charter city �I'q'"
Date:
By:
Grace ung
City M ger
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 6,�16
Aaron C. Harp
City Attorney
[END OF SIGNATURES]
Attachments: Exhibit A — Property and Map of Right of Entry
Exhibit B — Work Site Plan
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Exhibit A
Property and Map of Right of Entry
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Exhibit B
Work Site Plan
EXHIBIT "B"
WORK PLAN SITE
LICENSEE: AESCO Site Number: CLL03953
PROPERTY: 4500 San Joaquin Hills Road, Newport Beach, California
AESCO Project No. 20191455-F5539
Licensee will provide a geotechnical investigation at the above -referenced Property, to
include the following general steps:
• Drill will be to a maximum depth of 50 feet with a truck mounted hollow stem
auger drill rig.
• The borehole will be diameter is 8 inches.
• The boring will be backfilled with the soil cuttings and/or bentonite from the
boring and tamped down.
• The surface will then be patched to match the existing ground surface.
• The duration for the entire process will be two (2) to three (3) hours to complete.
• A site plan is attached showing the point of entry.
Licensee is solely responsible for returning the Property in the same condition as it was
upon entry, and any repairs are at Licensee's sole cost.
Activity indicated under this Exhibit "B" is contingent upon the Entry Permit being fully
executed by both parties. Any amendment(s) thereof, must be in writing by Licensor, and
at Licensor's sole discretion.
AESCO, Inc. Exhibit T"- 1
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AESCO,bE Exhibit "B" -2