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HomeMy WebLinkAboutC-3134 - Right-of-Entry Agreement with City Corporation Yard (Superior Avenue). cur�l' CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Mr. Scott Christensen National Accounts Supervisor Outdoor Systems Advertising 1731 Workman Street Los Angeles, CA 90031 Dear Scott, August 6, 1998 To confirm our phone conversation last week regarding your sign located adjacent to our Corporation Yard at 592 Superior Avenue, I am providing the required 60 -day notice of the termination of our Right of Entry Agreement. If you have any questions, please call me. Sincerely, David E. Niederhaus, Director General Services Department DEN /mhl 3300 Newport Boulevard, Newport Beach rS /j RIGHT OF ENTRY AGREEMENT I. DATE AND PARTIES This Right of Entry Agreement ( "Agreement ") is made this 4-7/t„ day of January, 1997 by and between the City of Newport Beach, a California municipal corporation ( "City ") and Outdoor Systems Advertising ( "OSA "), Los Angeles, California, a California corporation. II. PROPERTY City is the owner of City Corporation Yard located at 592 Superior Avenue, Newport Beach, California, as depicted by Exhibit A attached to this agreement. III. RECITALS A. OSA is desirous of securing right of entry to the City Corporation Yard for the purpose of servicing a large billboard sign display in the northeast corner of Yard. B. The sign display is located on private property adjacent to City Yard but is more easily accessed from the Corporation Yard property. C. The City is willing to provide a right of entry to OSA provided OSA agrees to the conditions of this Agreement. IV. RIGHT OF ENTRY CONDITIONS The City and OSA agree to a right of entry to the Corporation Yard for OSA with the following conditions: A. OSA may enter the Corporation Yard during normal business hours (7 A. M. to 4 P. M.) Monday through Friday for the purpose of replacing or repairing a single OSA sign located on adjacent private property. B. The right of entry does not include the right to engage in any storage nor overnight nor long term parking of vehicles, trailers, or equipment on City property. u VI D. OSA may, with City approval, any tree trimming of City trees the OSA display. COMPENSATION 40 perform or contract to perform necessary to ensure visibility of In consideration for the right of entry, OSA will compensate the City at the rate of one thousand dollars ($1,000) per year payable on January 1 of each year. TERM AND TERMINATION The Agreement shall continue in effect indefinitely unless the City gives OSA a 60 day notice of termination in writing. VII. RISK OF LOSS OSA shall be solely responsible for the risk of damage or loss to property, and injury to persons, occurring within the Corporation Yard area if suffered by any employees or invitees of OSA. This responsibility shall include the obligation to defend and hold the City free from any claims arising out of such damage, loss, or injury. VIII. NONTRANSFERABLE RIGHTS The licenses for ingress, egress and parking described in this Agreement are intended for the sole use and benefit of the employees and invitees of OSA. OSA shall not have the right to assign or transfer these license rights and privileges, without having first received the prior written consent of the City. IX. ENFORCEMENT OF AGREEMENT Should any dispute or claim of whatever nature arise out of the interpretation, performance or breach of this Agreement, the parties shall first attempt to settle the matter through good faith negotiation initiated by a written demand to the other party setting forth the nature of the dispute, to be followed by a meeting of the principal representatives of the parties. If the matter is unable to be resolved through such negotiation, it shall be settled, at the request of either party, by final and binding arbitration conducted at a mutually acceptable location, and administered either in accordance with rules and procedures agreed upon by the parties, or if unable to agree, in accordance with the then existing Rules of Practice and Procedure of Judicial Arbitration & Mediation Services, Inc. The arbitrator shall determine which is the prevailing party and shall include in the award X. 0 that party's reasonable attorney fees and costs. Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction. NOTICES Notices, requests or demands by either party shall be in writing and shall either be personally served or be given by U. S. Mail, postage prepaid, and addressed to the following persons: To City: Mr. David E. Niederhaus General Services Director City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92659 -1768 OSA: Mr. Scott Christensen Real Estate Manager Outdoor Systems Advertising 1731 Workman Street Los Angeles, CA 90031 Notices, requests and demands, if not personally served, shall be deemed received upon the expiration of 48 hours after deposit in a U. S. post office or mail box in Newport Beach, California. XI. EXECUTION The parties have executed this Agreement in Newport Beach, California, as of the date stated first above. Ap d a � form: /'. ~ Robin Clauson, Assistant Attorney City of Newport Beach, a California municipal corporation By: Title: Real Estate Manager, OSA L( U I: 1! Industrial A I enu 10 EXHIBIT A • CITY OF NEWPORT BEACH Corporation Yard 592 Superior Avenue Prepared by General Services Department December 2, 1996