HomeMy WebLinkAboutC-2601 - Salute to the Arts Mutual IndemnityC
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URGENT
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By
PACIFIC MUTUAL
August 11, 1986
Robert G. Haskell
Director of Corporate
a14 Public Affairs
Mr. Ken Delino
City Manager
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92660
Dear Ken:
I have enclosed a revised version of the Mutual
Indemnity Agreement drafted by The Irvine Company in
regards to the October 2, 1986 "Salute to the Arts"
event which reflects the interests of Pacific Mutual.
Please have the appropriate signatures affixed and
return to my attention a copy for our files.
RGH:whw
Enclosure
Sincerely,
Q�4—
Pacific Mutnal 'u:e lasrr ante Cn —b,, v
700 Newport Can cr D /mo
Newport Beach._ Ce.i Lf nrraa 9 2860
Telephone : J 14, B-10 3D 19
Mcrnber Paailc Finan Gal Companies
RECEErTp'�
AUG 1 31986
Ch e m4n
C6 J
MUTUAL INDEMNITY AGREEMENT
This Agreement, made this 8th day of August, 1986, by and
between the CITY OF NEWPORT BEACH, a charter city and municipal
corporation ( "City "), and THE PACIFIC MUTUAL LIFE INSURANCE
COMPANY, a California corporation, ( "Pit "), is made with
reference to the following:
A. City, through the Newport Beach Arts Commission,
proposes to sponsor, in 1986, an event entitled the "Salute to
the Arts" and to conduct the event in and around Newport Center
Fashion Island (the "Center ").
B. The Salute to the Arts involves the cooperation and
participation of many restaurants and visitor - serving businesses
within Newport Beach, members of the Newport Beach Arts
commission, Pacific Mutual Life Insurance Company, and others.
C. The Salute to the Arts is an event which benefits all
the participants, and is illustrative of the ongoing
"Renaissance" of Fashion Island.
D. By this Agreement, the parties acknowledge that the
mutual benefits derived from the Salute to the Arts carry with
them reciprocal obligations to protect each other from injuries
or property damage caused by the negligence or intentional
conduct of the parties or their employees.
I
9 0
Now, therefore, in consideration of the time, expense and
effort expended by the parties, and their respective employees,
officers, agents, representatives and volunteers, in the
planning of, preparation for and carrying out of the Salute to
the Arts, during October, 1986, the parties agree as follows:
1. City agrees to defend, indemnify, and hold PM harmless
against any and all losses, claims, litigation, liabilities,
settlements and judgments, including costs and attorneys' fees,
resulting from injury to or illness of any person, death of any
person, or damage to or destruction of any property, occurring
during the course of the planning, preparation for, or
conducting of the 1986 Salute to the Arts; provided, however,
such obligation to defend, indemnify and hold harmless shall not
extend or apply to any matter for which PM is obligated to
defend, indemnify and hold City harmless pursuant to paragraph
2, below.
2. PM agrees to defend, indemnify, and hold City harmless
for any and all losses, claims, litigation, liabilities,
settlements and judgments, including costs and attorneys' fees,
resulting from injury to or illness of any person, death of any
person, or damage to or destruction of any property, to the
extent caused by the negligent or intentional acts of PM, its
officers, employees, agents, or representatives occurring during
- 2 -
9
F
r •
the course of the preparation for or conducting of the 1986
Salute to the Arts.
3. In the event that a claim covered by this Agreement is
made against either party, the party receiving such claim shall
promptly notify the other party. If the negligence or
intentional misconduct of PM is alleged to be the primary cause
of the injury, illness, death, damage or destruction giving rise
to the claim, PM will provide the defense of the claim on behalf
of itself and City. Otherwise, City will provide such defense.
Following the final disposition of any such claim by settlement,
judgment or otherwise, City and PM shall apportion
responsibility for costs of defense of the claim in accordance
with the proportion of the total settlement or judgment amount
to be paid by them, respectively.
4. In the event that City pays any loss, claim, settlement
or judgment for injury to or illness of any person, death of any
person, or damage to or destruction of any property arising out
of the 1986 Salute to the Arts, City waives any right to
contribution from PM and further waives any right of subrogation
or recovery under the theory of equitable indemnity for any
portion of that loss from PM or any of its officers, employees,
representatives or agents. In the event that City obtains
insurance with respect to the 1986 Salute to the Arts, the
- 3 -
policy of insurance shall contain a provision whereby the
insurer waives any right it may have to subrogate against or to
obtain indemnity or contribution from PM, or any of its
officers, employees or representatives.
ATTEST:
/ i' / i ii
i FA
AP OVED AS TO FORM
ity Attorney
indem /ag
16080886
PACIFIC MUTUAL LIFE INSURANCE
COMPANY, a Caallifo�rn'i'a' corporation
By
Clement B. Penrose
Vice President and
Corporate Actuary
THE CITY OF NEWPORT BEACH
A Charter City and
Munn' ip Corporation
B}�
Phil Ma er, r
- 4 -
Special Event No. 86 -160
OV /(Z-0 i
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
AL 14 1986
.p ROYFD
Council Agenda No. �� O
Recommend approval for Newport Beach Arts Commission to conduct the annual
"Salute to the Arts" on October 2, 1986. Activities will include street
closures, amplifyed sound and alcohol sales.
Attached are copies of Fire, Police and Traffic Engineering Departments
investigation summaries and a copy of a Mutual Indemnity agreement to be
initiated with the Irvine Company.
An approved ABC permit, a certificate of insurance co- insuring the City
for one million dollars, and completed indemnity agreement shall be required
prior to issuance of a permit.
1 •
0 cense. Division CITY OF NEWPORT RcACH
3:,OU kewport Blvd. FINANCE CEPARTMENT
640 -2131
(xxx) STREET CLOSURE
APPLICATION FOR PERMIT
( xxx) SPECIAL EVENT
ALL SPACES MUST BE FILLED IN. 'IF NOT 'APPLICA3,E.�PUT N
Event Number
( ) MOTION PICTURE
INE IN THE SPACE.
SPONSORING ORGANIZATION: Salute to the Arts 1986 (Nwot Bch Arts Commission and local
businesses)
PROMOTORS, COMPANIES, OR OTHER ORGANIZATIONS INVOLVED: Newport Beach City Arts Commission,
members from the business community such as The Irvine Company, Fashion Island, Pacific
Mutual, local restaurants Four Seasons Hotel Newport Harbor Art Museum. Dean Witter,
Dolphins of the Chamber of Commerce.
ADDRESS: Arts Commission, 3300 Newport Blvd, CITY: Newport Reach
DESCRIBE NATURE OF INVOLVEMENT: Time, money. space and effort are donated to present
an evening of arts (visual and performing) to the public. Restaurants and wineries
Provide food and wine samples.
PERSON IN CHARGE OF EVENT: Debby Polonsky PHONE: 759 -8064
ADDRESS: #18 Rue Chantilly CITY: Newport Beach, 92660
EXACT LOCATION OF EVENT: In and around the Newport Harbor Art Museum, the -Newport-,--
Center Library, the San emente street, Pacific Mutual, and in Fashion Island.
DATE(S) TO BE HELD: October 2, 1986 (Thursday) _ TOTAL DAYS: one 1Z__
TIME OF ACTIVITIES EACH DAY 4:00 p.m. to 10:00 p.m.
DETAILED DESCRIPTION OF EVENT: The Salute is an evening of art displays, performing__
artists, and sampling local restaurants' and wineries' food and beverages. Later in
the evening those attending the event will go to Fashion Island for a finale consisting
of lively music, desserts and coffee.
ESTIMATED ATTENDANCE: 8,000 DESCRIBE PARKING ARRANGEMENTS The Fashion Island
parking areas.
DONATIONS OR ADMISSION FEES: (xxx) YES ( ) NO IF YES, EXPLAIN IN DETAIL
Donations are collected for scrip, to control the sampling of food and beverages.
SOUND AMPLIFYING EQUIPMENT TO BE USES: (xxx) YES ( ) NO
ALCOHOLIC BEVERAGES TU BE SERVED SOLD _y xx) YES ( ) NO
1 � .y of Ne,aport Beach • •
Application for Permit ` (�
Page 2 Event Number '
ANY COMMERCIAL ASPECTS (SALES, RIDES, GAMES, ETC. j: ( ) YES ( xxxl NO
IF YES, EXPLAIN:
DESCRIBE ANY IN THE WATER OR BEACH ACTIVITIES AND MARINE EQUIPMENT TO BE USED
None
DESCRIBE ALL LARGE VEHICLES OR EQUIPMENT THAT WILL BE PRESENT:
None
DESCRIBE IN DETAIL ANY SECURITY ARRANGEMENTS: Possible use of the Police Explorers.
ARE TENTS, BOOTHS, BLEACHERS, OR OTHER STRUCTURES TO BE ERECTED: (xxx) YES ( ) NO
IF YES, DESCRIBE IN DETAIL AND SUBMIT WITH FOUR PLOT PLANS
10'x10' booths will be erected.
STREETS, ALLEYS, OR SIDEWALKS TO BE CLOSED, BLOCKED, OR ENCROACHED UPON: (xxx) YES ( ) NO
IF YES, INCLUDE A DETAILED DIAGRAM AND STREET CLOSURE PETITION.
LIABILITY INSURANCE: ( ) YES (xxx) NO IF YES, LIST AMOUNT AND INSURANCE COMPANY:
Arts Commissioners of Newport Beach:
Patti -Gene Sampson Bud Pashley
Molly Lynch Gail Foor
Bunny Crosson Carl Neisser
Deborah Polonsky
HEREBY CERTIFY THE FOREGOING STATEMENTS ARE TRUE AND CORRECT AND THE PERMITTEE
GUARANTEES TO INDEMNIFY AND HOLD THE CITY OF NEWPORT BEACH HARMLESS AGAINST ANY
CLAIMS, LIABILITY, OR JUDGEMENTS FOR DAMAGES ARISING OUT OF THE PERMITTEE'S ACTIVITIES.
— DATE
J
Descrip *n of the Salute to the Arts •
fl
FULL2LIL Arluuui of La LC ;.o ti,e N,.ls is planncu lof October 2, 1
1986. A blend of business, city, and the arts, the Salute features
an evening of art, music, dance, drama, and entertainment. A focal
point of this year's Salute will be the Newport Harbor Art Museum's
Biennial, a major exhibition of California Artists.
Approximately 30 Newport restaurants will provide samples of
their culinary wares accompanied by wines and beverages. e
The event is sponsored by the Newport Beach City Arts Commission,
Deborah Polonsky, Chair. Underwriters will be sought in the corporate
and professional community to help defray costs and raise funds for
art in public places.
Sites are as follows:
Newport Beach Public Library
Newport Harbor Art Museum
Pacific Mutual Atrium
Pacific Mutual Sculpture Garden
Fashion Island Bullock's Wilshire Wing
Fashion Island Parking Lot
We request that San Clemente be cordoned off to through traffic
from the library to the museum and that Newport Center Drive be closed
from Santa Barbara to Santa Cruz. These closures will enable a steady
flow to pass from one site to the other without fear of traffic.
(See attached map.)
y I
1
FINANCE DEPARTMENT
C;cense Division.
• CITY OF NEWPORT BEACH
Event Number A,.-�L
SPECIAL EVENTS INVESTIGATION SUMMARY
DEPARTMENT POLICE DATE ENTERED L'
ANTICIPATED CONDITIONS FOR APPROVAL: ( ) NONE DATE NEEDED b -2-?
SUMMARY OF PROBLEMS ANTICIPATED:
FINANCE DEPARTMENT
( ) NONE
RECOMMENDED CONDITIONS FOR APPROVAL: ( ) NONE
(X) APPROVE ( ) DISAPPROVE X ���L&`).n.1 50Z DATE�a
(K \) APPROVE ( ) DISAPPROVE X Aol)^ . /i%1Glfy� DATE %'Z —e�
( ) APPROVE ( ) DISAPPROVE X DATE
DEPARTMENT RECOMMENDATION: l
Q4 APPROVE ( ) DISAPPROVE DATE {�
COMMENTS:
0
SPECIAL EVENT N86 -160
Salute To The Arts
October 2, 1936
Thursday 1600 - 2200
RECOMMENDED CONDITIONS FOR APPROVAL
0
1. Obtain temporary ABC permit.
2. Obey all ABC laws and regulations.
3. Prevent consumption of alcohol by minors.
4. Prevent consumption of alcohol outside of designated area(s).
5. Municipal code prohibits drinking in public. Specific and designated drinking
areas must be provided. There shall be destinct entrances and exits and shall
be manned at all times. Roping off the 'restricted area' will not suffice nor
be allowed (per ABC). Those persons found outside the drinking areas shall
be subject to citation /arrest.
6. Hire extra (2) NBPD officers 1600 - 2300 hours to patrol the event area on
foot. Patrol beat officers will patrol surrounding areas for traffic and
parking enforcement.
7. The requested street closure shall be done in compliance with the City
traffic engineer's traffic control plan. Barricades shall be lit during
hours of darkness.
8. All vehicles to be parked lawfully in off - street lots. No parking is
permitted on surface streets which are already posted "No Parking".
Violators shall be subject to citation /tow.
Mark Miller
Traffic Education Officer
July 2, 1986
6
1 • CITY OF NEWPOR7 BEACH • �c
FINANCE DEPARTMENT Event Number
License Divi;ion
SPECIAL EVENTS INVESTIGATION SUMMARY
DEPARTMENT
ANTICIPATED CONDITIONS FOR APPROVAL: NONE
SUMMARY OF PROBLEMS ANTICIPATED:
FINANCE DEPARTMENT
NONE
RECOMMENDED CONDITIONS FOR APPROVAL: NONE
r
T-1
r
17Q d rs o o q
r rcmn
A
APPROVE DISAPPROVE x f DATE
Zell lrl
APPROVE DISAPPROVE X DATE
APPROVE DISAPPROVE X DATE____
DEPARTMENT RECOMMENDATION:
APPROVE DISAPPROVE X
COMMENTS:
0
• CITY OF NEWPORT BEACH •
FINANCE DEPARTMENT Event Number ��� (� C
-e�tP Divi!:inn
SPECIAL EVENTS INVESTIGATION SUMMARY
DEPARTMENT TRAFFIC
ANTICIPATED CONDITIONS FOR APPROVAL: ( ) NONE
SUMMARY OF PROBLEMS ANTICIPATED:
FINANCE DEPARTMENT
( ) NONE
RECOMMENDED CONDITIONS FOR APPROVAL: n( ) NONE
A /r�(vek"Jei hnKSf Lc- )ej dll pq.riLC. -
2s !('a'r'e "c Ce..-�el Plw-. reQi..;red` P�:or 'ix a��P�avai oT Pvee•.�;
3. rUew� t Cdr- b,- w e U-k rernaw opc^ -7�
( ) APPROVE
( ) DISAPPROVE
X
DATE
( ) APPROVE
( ) DISAPPROVE
X
DATE
( ) APPROVE
( ) DISAPPROVE
X
DATE
DEPARTMENT RECOMMENDATION:
( /)APPROVE
( ) DISAPPROVE
X �Y��
DATE /6'
CO'MENTS
}
MUTUAL INDEMNITY AGREEMENT
This Agreement, made this day of 7611W ,
1986, by and between the CITY OF NEWPORT BEACH, a charter city
and municipal corporation ( "City "), and THE IRVINE COMPANY, a
Michigan corporation, doing business as Irvine Retail Properties
Company ( "Irvine "), is made with reference to the following
facts:
A. City, through the Newport Beach Arts Commission,
proposes to sponsor, in 1986, an event entitled the "Salute to
the Arts" and to conduct the event in and around Newport Center
Fashion Island (the "Center "), which is owned and operated by
Irvine.
B. The Salute to the Arts involves the cooperation and
participation of many restaurants and visitor - serving businesses
within Newport Beach, members of the Newport Beach Arts
Commission, Pacific Mutual Insurance Company, Irvine, and
others.
C. The Salute to the Arts is an event which benefits
all the participants, and is illustrative of the ongoing
"Renaissance" of Fashion Island.
D. By this Agreement, the parties acknowledge that the
mutual benefits derived from the Salute to the Arts carry with
Cl
them reciprocal obligations to protect each other from injuries
or property damage caused by the negligence or intentional
conduct of the parties or their employees.
Now, therefore, in consideration of the time, expense
and effort expended by the parties, and their respective
employees, officers, agents, representatives and volunteers, in
the planning of, preparation for and carrying out of the Salute
to the Arts, during October, 1986, the parties agree as follows:
1. City agrees to defend, indemnify, and hold Irvine
harmless against any and all losses, claims, litigation,
liabilities, settlements and judgments, including costs and
attorneys' fees, resulting from injury to or illness of any
person, death of any person, or damage to or destruction of any
property, occurring during the course of the planning, prepa-
ration for, or conducting of the 1986 Salute to the Arts;
provided, however, such obligation to defend, indemnify and hold
harmless shall not extend or apply to any matter for which
Irvine is obligated to defend, indemnify and hold City harmless
pursuant to paragraph 2, below.
2. Irvine shall grant an entry permit to City which
allows the 1986 Salute to the Arts to be conducted in the
Center. In addition, Irvine agrees to defend, indemnify, and
hold City harmless for any and all losses, claims, litigation,
liabilities, settlements and judgments, including costs and
-2-
/d
attorneys' fees, resulting from injury to or illness of any
person, death of any person, or damage to or destruction of any
property, to the extent caused by the negligent or intentional
acts of Irvine, its officers, employees, agents, or represen-
tatives occurring during the course of the preparation for or
conducting of the 1986 Salute to the Arts.
3. In the event that a claim covered by"'this Agreement
is made against either party, the party receiving such claim
shall promptly notify the other party. If the negligence or
intentional misconduct of Irvine is alleged to be the primary
cause of the injury, illness, death, damage or destruction
giving rise to the claim, Irvine will provide the defense of the
claim on behalf of itself and City. Otherwise, City will
provide such defense. Following the final disposition of any
such claim by settlement, judgment or otherwise, City and Irvine
shall apportion responsibility for costs of defense of the claim
0
in accordance with the proportion of the total settlement or
judgment amount to be paid by them, respectively.
4. In the event that City pays any loss, claim,
settlement or judgment for injury to or illness of any person,
death of any person, or damage to or destruction of any property
arising out of the 1986 Salute to the Arts, City waives any
right to contribution from Irvine and further waives any right
of subrogation or recovery under the theory of equitable
indemnity for any portion of that loss from Irvine or any of its
-3-
0 •
I
officers, employees, representatives or agents. In the event
that City obtains insurance with respect to the 1986 Salute to
the Arts, the policy of insurance shall contain a provision
whereby the insurer waives any right it may have to subrogate
against or to obtain indemnity or contribution from Irvine, or
any of its officers, employees or representatives.
ATTEST:
City Clerk
APPROVED AS TO FORM
City Atto ey
THE IRVINE COMPANY,
a Michigan corporation
doing,$)iness as
Company
David Mudgett, P sident,
Irvine Retail P p rties
Company, a divis of
The Irvine Company
By: Keith C. Eytich,
Assistant Secretary,
The Irvine Company
THE CITY OF NEWPORT BEACH
A Charter City and Municipal
Corporation
By: Phil Maurer, Mayor
-4-
1
MUTUAL INDEMNITY AGREEMENT
This Agreement, made this /1n231L day of /44 / ,
1986, by and between the CITY OF NEWPORT BEACH, a charter city
and municipal corporation ( "City "), and THE IRVINE COMPANY, a
Michigan corporation, doing business as Irvine Retail Properties
Company ( "Irvine "), is made with reference to the following
facts:
A. City, through the Newport Beach Arts Commission,
proposes to sponsor, in 1986, an event entitled the "Salute to
the Arts" and to conduct the event in and around Newport Center
Fashion Island (the "Center "), which is owned and operated by
Irvine.
B. The Salute to the Arts involves the cooperation and
participation of many restaurants and visitor - serving businesses
within Newport Beach, members of the Newport Beach Arts
Commission, Pacific Mutual Insurance Company, Irvine, and
others.
C. The Salute to the Arts is an event which benefits
all the participants, and is illustrative of the ongoing
"Renaissance" of Fashion Island.
D. By this Agreement, the parties acknowledge that the
mutual benefits derived from the Salute to the Arts carry with
. y.
them reciprocal obligations to protect each other from injuries
or property damage caused by the negligence or intentional
conduct of the parties or their employees.
Now, therefore, in consideration of the time, expense
and effort expended by the parties, and their respective
employees, officers, agents, representatives and volunteers, in
the planning of, preparation for and carrying out of the Salute
to the Arts, during October, 1986, the parties agree as follows:
1. City agrees to defend, indemnify, and hold Irvine
harmless against any and all losses, claims, litigation,
liabilities, settlements and judgments, including costs and
attorneys' fees, resulting from injury to or illness of any
person, death of any person, or damage to or destruction of any
property, occurring during the course of the planning, prepa-
ration for, or conducting of the 1986 Salute to the Arts;
provided, however, such obligation to defend, indemnify and hold
harmless shall not extend or apply to any matter for which
Irvine is obligated to defend, indemnify and hold City harmless
pursuant to paragraph 2, below.
2. Irvine shall grant an entry permit to City which
allows the 1986 Salute to the Arts to be conducted in the
Center. In addition, Irvine agrees to defend, indemnify, and
hold City harmless for any and all losses, claims, litigation,
liabilities, settlements and judgments, including costs and
-2-
•
attorneys' fees, resulting from injury to or illness of any
person, death of any person, or damage to or destruction of any
property, to the extent caused by the negligent or intentional
acts of Irvine, its officers, employees, agents, or represen-
tatives occurring during the course of the preparation for or
conducting of the 1986 Salute to the Arts.
3. In the event that a claim covered by this Agreement
is made against either party, the party receiving such claim
shall promptly notify the other party. If the negligence or
intentional misconduct of Irvine is alleged to be the primary
cause of the injury, illness, death, damage or destruction
giving rise to the claim, Irvine will provide the defense of the
claim on behalf of itself and City. otherwise, City will
provide such defense. Following the final disposition of any
such claim by settlement, judgment or otherwise, City and Irvine
shall apportion responsibility for costs of defense of the claim
in accordance with the proportion of the total settlement or
judgment amount to be paid by them, respectively.
4. In the event that City pays any loss, claim,
settlement or judgment for injury
death of any person, or damage to
arising out of the 1986 Salute to
right to contribution from Irvine
of subrogation or recovery under
indemnity for any portion of that
-3-
to or illness of any person,
or destruction of any property
the Arts, City waives any
and further waives any right
she theory of equitable
loss from Irvine or any of its
0
officers, employees, representatives or agents. In the event
that City obtains insurance with respect to the 1986 Salute to
the Arts, the policy of insurance shall contain a provision
whereby the insurer waives any right it may have to subrogate
against or to obtain indemnity or contribution from Irvine, or
any of its officers, employees or representatives.
THE IRVINE COMPANY,
a Michi an corporation
doing gs'ness as
Irvi Re aij.�Propvftkes Company
By: David Mudgett, P sident,
Irvine Retail P p rties
Company, a divis of
The Irvine Company
6e,-& �J-
By: Keith C. Eyrich,
Assistant Secretary,
The Irvine Company
THE CITY OF NEWPORT BEACH
A Charter City and Municipal
C,oYpox!ation- .,
By: Ph*X Ma r r,,Mjayor
ATTEST:
�✓i�'_
City Clerk
AP/ROVED AS TO FORM
ity Attorney
-4-