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HomeMy WebLinkAboutC-2601 - Salute to the Arts Mutual IndemnityC p� WHILE YOU WERE OUT OF PHONE TELEPHONED J PLEASE CALL_____ RETURNED YOUR CALL WILL CALL AGAIN �' CAME IN TO SEE YOU URGENT . 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-