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
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3300 Newport Boulevard, Newport Beach
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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.
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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
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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:
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Robin Clauson, Assistant Attorney
City of Newport Beach,
a California municipal corporation
By:
Title:
Real Estate Manager, OSA
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10 EXHIBIT A •
CITY OF NEWPORT BEACH
Corporation Yard
592 Superior Avenue
Prepared by General Services Department
December 2, 1996