HomeMy WebLinkAboutC-8213-9 - Entry Permit for 12 Corporate Plaza ParkingIRVINE COMPANY OFFICE PROPERTIES
550 Newport Center Drive
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.: codriguez@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 ("Property"): Corporate Plaza
East Common Area (closest to 12 Corporate Plaza.) See attached Exhibit A for further
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 following purpose:
Up to forty-five (45) vehicles belonging to the City of Newport Beach (or employees of the
City) will be permitted to park in the designated location during the annual employee
luncheon.
3. Term. Subject to the provisions for early termination set forth below, the Term of this Entry
Permit shall commence 10/13/22 and shall expire 10/13/22. The use of the Property by
Permittee during the Term shall be limited to the following daily hours:
11:00 a.m. — 3:00 p.m.
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.
8. 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
entry pennit.docx 10/412019
(Rev. 10/19)
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
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.
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, 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 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. 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 N/A.
13. Restoration. Upon the termination of this Entry Permit, Permittee shall remove all rubbish
and debris from the Property resulting from 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.
entry permit.docx 10/412019
(Rev. 10119)
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 17th day of August,
2022.
COMPANY:
THE IRVINE COMPANY LLC,
a Delaware limited liability company
Gregg Walti
Senior Director, Portfolio Operations
Office Properties
By 51V&) 111
Lindsey Ro3hto
Senior Manager, Operations
Office Properties
PERMITTEE:
CITY OF NEWPORT BEACH, a California
municipal corporation
By-4&1
Gr e . Leung
ty anager
APPROVED S TO FORM
CITY ATT NEY'S OFFIC
B
ar C. Har �'a�I.la ppi(r
Attorney
ATTEST: ABy
Leilani I. Brown
City Clerk
entry pennit.docx 10/4/2019
(Rev. 10/19)
Exhibit A
. Civic Center Drive
Approved City Employee
Parking Areas — no more than
45 vehicles (indicated red
areas only.)
12 Corp
Plaza
0
's
p �T
Avocado Avenue
I
J
entry permit.docx 10/4/2019
(Rev. 10/19)
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