HomeMy WebLinkAboutC-7914-1 - Temporary Entry permit (for 1650 Ford Road)TEMPORARY ENTRY PERMIT
THIS Temporary and Non -Exclusive Entry Permit ("Entry Permit") is made as of
, 2020, ("Effective Date") by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city (hereinafter "Licensor"), and
CROWN CASTLE TOWERS 06-2 LLC, a Delaware limited liability company (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 Assessor's Parcel Numbers 458 702 01, 458 712 02, 458 712 03, 458
712 04, 458 712 05, 458 712 06, 458 712 07, 458 712 08, and 458 712 09, (collectively,
"Property"), depicted on Exhibit "A" attached hereto and incorporated herein by
reference.
B. Licensee has been retained as a consultant by Pacific Bell Telephone Company,
a California corporation and owner of certain property adjacent to the Property, with the
common street address of 1650 Ford Road, Newport Beach, California, with an
Assessor's Parcel Number 458 361 02.
C. Licensee desires to access certain portions of the Property for the purpose of
conducting inspections that do not result in physical changes to the Property, an
engineering analysis of the slope, a utility locate, conducting soils sampling and
surveys, visual surveys, and such other activities 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 Exhibit "B" attached hereto and incorporated herein by reference.
Should Licensee desire to engage in any action not explicitly listed in Exhibit "B," 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
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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 nonexclusive
license and permission to enter upon the Property for the Activities set forth above 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. 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 hazardous materials, firearms or intoxicating liquor shall be carried onto the Property
by any persons entering thereon pursuant hereto.
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 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, any exposed
openings shall be backfilled and compacted, any improvement or landscaping which
has been damaged by Licensee or its Representatives shall be fully restored to its
original condition, and any disturbed ground shall be leveled to its prior condition.
Licerlsee 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 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
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
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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 Nonresponsibility. 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, agents, officials, 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 by law 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, agents, officials,
employees, 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, 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).
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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 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 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
liability, automobile liability, and pollution liability insurance coverage, with original
endorsements:
13.2.1 Naming the Licensor, its elected or appointed, officers, officials,
employees, agents and volunteers, as additional insureds.
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13.2.2 Stating that insurer waives all rights related to workers'
compensation subrogation against the Licensor, its elected or
appointed officers, officials, employees, agents 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, employees,
agents 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.
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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: Joel Taubman
Crown Castle Towers 06-2 LLC
1220 Augusta Drive, Suite 600
Houston, TX 77057
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.
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.
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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
CROWN CASTLE TOWERS 06-2 LLC,
a Delaware limited liability company
Date:
Joel Taubman
Project Manager
ATTEST:
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LICENSOR
CITY OF NEWPORT BEACH,
a California municipal corporation and
charter city
Date: ?w
By:
Graceeung
City M@viager
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
-�fiaron C. Harp
City Atto ey
[END OF SIGNATURES]
Exhibit A — Map of Right of Entry
Exhibit B — Scope of Activities
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Exhibit A
Map of Right of Entry
A-1
Exhibit B
Scope of Activities
B-1
EXHIBIT B
SCOPE OF ACTIVITIES
Licensee's activities related to this Entry Permit are limited to access of certain portions
of the Property, as depicted in Exhibit A, for the purpose of conducting visual
inspections that do not result in a physical change to the Property.
No other Activities are permitted unless specifically allowed pursuant to Section 2 of the
Entry Permit.