HomeMy WebLinkAboutC-6128 - Agreement for Building Use at 1972 Port Ramsgate Pl for TrainingN
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AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND
V +1 MANAGEMENT GROUP FOR USE OF
1972 Port Ramsgate PI
THIS AGREEMENT for use of the building(s) and/or structure(s) ("Agreement ") located at 1972
Port Ramsgate PI ( "Premises") is made and entered into as of this 30*hday of April 2015 ( "Effective
Date ") by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ( "City"), and +1 MANAGMENT GROUP ( "Owner") for use of the Premises by City's Fire Department
for training purposes.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall continue until
demolition of said Premises is completed, unless otherwise terminated as provided for herein.
2. OWNERSHIP OF PREMISES
Owner hereby acknowledges, warrants and represents to City that Owner is the legal, vested
owner of the Premises, including the underlying real property and all building(s) and /or structure(s) on
said Premises and Owner has full and complete control over the Premises.
3. USE BY CITY
3.1 For no compensation, Owner hereby grants to City the permission to use the Premises
for various training purposes by City's Fire Department and its personnel ( "Training Program "). The
Training Program may include, but is not limited to, the cutting of holes in the roof and similar activities
that will cause extensive damage to the interior and exterior of the Premises. Owner hereby
acknowledges that the Premises, including all buildings and/or structures located thereon, will be
demolished in the near future and that the Training Program will not in any way, shape or form reduce the
value of the Premises or create any additional demolition costs or work for Owner.
3.2 Owner hereby acknowledges that City has no obligation to demolish, remove, and /or
clean up any portion of any building(s), structure(s), trash or debris remaining on the Premises after the
City's use of the Premises.
4. ASBESTOS
Owner shall provide City with an asbestos inspection report certifying that structure(s) and /or
building(s) at the Premises are free from asbestos or informing the City of the level, location, and type of
asbestos found on the Premises.
5. HOLD HARMLESS
5.1 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless
City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively
"Indemnified City Parties ") from and against any and all claims (including without limitation, claims for
bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action,
suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation
attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to Owner's use of the Premises or any breach of the
terms and conditions of this Agreement by Owner. Nothing in this indemnity shall be construed as
authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any insurance policies are
applicable.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
dates written below.
APPROVED AS TO FORM:
CITY AEY' OFFICE
Date: D
8y.
Aa n arp
Cit� ttomey
ATTEST: rrtt 30.15
Date: 7•
By: 04k '�i�
Leilam L Brown
City Clerk
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CITY OF NEWPORT BEACH,
A California uni ipa rporation
g.
Date:
By:
Scott Poste
Fire Department Chief
OWNER:
Date:
HADY
Date:
By:
[INSERT NAME}
2459 % Chico Ave, South El Monte, CA 91733
(626)4444564 Ph. (626)444 -4598 Fax
sonsitiveonvironment@gmall.com
CA LIC No. 787598
DOSH No.1107
Certificate of Completion
CLIENT NAME:
+1 Management Group
17291 Irvine Blvd. 9 162
Tustin, CA 92780
JOB SITE:
Hady El Zoheiry
1972 Port Ramsgate PI.
Newport Beach, CA 92660
Scope of Work: Removal and disposal of asbestos containing materials as per contract and
Survey report. AC ceilings, ducting, linoleum and transite pipe.
THE ABOVE REFERENCE WORK HAS BEEN COMPLETED IN COMPLIANCE WITH
ALL FEDERAL, STATE AND LOCAL REGULATIONS GOVERNING THE PERFORMANCE
OF ASBESTOS ABATEMENT WORK. THIS CERTIFICATE ONLY APPLIES TO THE
MATERIAL REFECENCE ABOVE.
COMPANY REPRESENTATIVE: j n-ar' f� DATE: 4/28/15
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