HomeMy WebLinkAboutC-6239 - Entry Permit - Temporary Parking for City Vehicles at 12 Corporate PlazaTHE IRVINE COMPANY LLC
550 Newport Center Drive
Newport Beach, California 92660
Attn: Vice President, Asset Management
Office Properties
ENTRY PERMIT
Issued to: CITY OF NEWPORT BEACH
100 Civic Center Drive
NEWPORT BEACH, CA 92660
Attn: Jennifer Biddle
Phone No.: (949) 644 -3232
Email: jbiddle(c)newportbeachca.gov
"PERMITTEE"
PERMISSION IS GRANTED to Permittee to enter upon property of The Irvine Company LLC
( "Company "), on a non - exclusive basis, subject to the following conditions set forth in this Entry
Permit:
1. Property: This Entry Permit is limited to the following area ( "Property "): Corporate Plaza
Common Area (closest to 12 Corporate Plaza.) See Exhibit A attached for exact
parking location. Permittee's use of the Property shall be in accordance with such rules
and regulations as may be established by Company and /or its management agent for the
Property, and in no event shall Permittee obstruct or interfere with the rights of any third
party to use the Property.
2. Purpose. This Entry Permit is limited to the following purpose:
Up to 30 City of Newport Beach vehicles will be parked at the designated area during the
6/10 -6/12 Coastal Commission Meeting and the 6/18 Annual Employee Service Awards
Luncheon.
3. Term. Subject to the provisions for early termination set forth below, the
Term of this Entry Permit shall commence 6/10/15, 6/11/15, 6/12/15 and 6/18/15. The
use of the Property by Permittee during the Term shall be limited to the following daily
hours: 8:OOAM to 5:OOPM.
4. Invitees: Only authorized representatives and invitees of Permittee are granted the right
to enter the Property pursuant to this Entry Permit.
5. Effectiveness and Termination. This Entry Permit shall not be effective until (i) a
counterpart executed on behalf of both Company and Permittee is delivered to both
parties; and (ii) the evidence of liability insurance required below is delivered to and
approved by Company. Permittee agrees that it shall cause its employees,
representatives and invitees to refrain from entering upon the Property until the foregoing
requirements have been met. This Entry Permit may be terminated at any time, with or
without cause, by Company by written or oral notice to any person on the Property
pursuant to this Entry Permit or by notice to Permittee at the above address.
6. Assumption of Risk/Compliance with Laws: Permittee and each person entering upon
the Property under this Entry Permit shall do so at their own risk and shall observe strict
fire and smoking precautions, and shall otherwise comply with any and all instructions
and directions of the authorized agents of Company. Further, Permittee shall comply, at
its sole cost and expense, with all applicable laws and ordinances relating to any entry
upon or use of the Property by Permittee, including, without limitation, the obtaining of
any governmental permits required for Permittee's use of the Property.
7. Restrictions: No person entering upon the Property pursuant to this Entry Permit shall
sell, serve, distribute or give any alcoholic beverages to anyone (unless specifically
agreed to by Company, and proper evidence of liquor liability insurance has been
received by Company). In no event shall any firearm be carried onto the Property, nor
shall any hazardous materials, substances or wastes (as such terms are defined by
federal, state or local laws, ordinances or regulations) be placed, used or stored on the
Property. There shall be no removal of any property of Company from the Property
without the express written consent of Company. Permittee shall not allow any sign to be
displayed on the Property that is visible from the exterior of the Property without the prior
approval of Company.
8. Indemnification: As a material inducement to Company to grant this Entry Permit to
Permittee, Company shall not be liable for any bodily injury, sickness, disease or death of
any person or damages to any property of any person in connection with any use of the
city of newport beach 5.22.15 5/29/2015
(Rev. 06/12)
Property pursuant to this Entry Permit. To the fullest extent permitted by law, Permittee
agrees to indemnify, defend and hold harmless Company and its officers, directors,
stockholders, beneficiaries, partners, representatives, agents and employees, from any
and all actions, claims and liability for any loss or damage, including, but not limited to,
bodily injury, sickness, disease or death of any person or damage to the Property or any
other property, tangible or intangible, or contamination of the Property, resulting from the
execution of this Entry Permit or the entry upon or use of the Property by Permittee, its
employees, agents, contractors, guests or invitees, and from all costs and expenses,
including attorney's fees, arising therefrom, except for any claim which is determined by a
court of competent jurisdiction to have been caused by the sole active negligence or
willful misconduct of Company.
9. Liability Insurance. Permittee will, at all times during the term of this Entry Permit and
prior to any entry by Permittee or any of Permittee's agents under this Entry Permit,
provide to Company a policy or certificate of comprehensive general liability insurance by
the terms of which Company is named, by endorsement, as an additional insured and is
indemnified against liability for damage or injury in an amount not less than
$1,000,000.00 combined single limit bodily injury and property damage liability per
occurrence, or the current limit of liability carried, whichever is greater, for the operations
of Permittee under this Entry Permit. This liability insurance shall include automobile
liability, personal injury, contractual liability and, depending on the purpose for which the
property is used, product/completed operations, broad from property damage, liquor
liability and independent contractors liability. Each policy or certificate of insurance
acquired pursuant to this Paragraph 9 must state, by endorsement, that (i) written notice
will be given Company prior to cancellation or material change in coverage, and (ii) such
policy or policies and the coverage evidenced thereby are primary and Company's
insurance is noncontributing with respect to such primary coverage. Nothing in this
Paragraph shall limit Permittee's obligations under the other provisions of this Entry
Permit.
10. Assignment: Permittee shall not assign or otherwise transfer any rights under this Entry
Permit and any purported assignment or transfer shall be cause for the termination of this
Entry Permit.
11. SPECIAL NOTICE: Company shall have no duty to inspect the Property to which this
Entry Permit applies and shall have no dutv to warn any person of anv latent or patent
defect, condition or risk that may exist in the Property or that might be incurred in the
exercise of the rights granted herein. Further. Permittee shall be solely responsible for
the safety and security of all persons entering the Property pursuant to this Entry Permit,
together with all vehicles parked on or about the Property, and Company is hereby
released from all liability or obligation in connection therewith.
12. Entry Fee. Permittee shall pay to Company for the issuance of this Entry Permit a fee in
the amount of N /A.
13. Restoration. Upon the termination of this Entry Permit, Permittee shall remove all rubbish
and debris from the Property resulting form its activities hereunder and shall restore the
Property to its pre- existing condition.
14. Liens. Permittee shall not permit to be enforced against the Property, or any part thereof,
any mechanics or other lien arising from its activities on the Property, and Permittee shall
pay or cause to be paid any such lien or claim before any action is brought to enforce the
same against the Property.
15. Right to Cure. Should Permittee breach any of its obligations hereunder, Company shall
have the right, but not the obligation, to cure such breach at Permittee's expense, and
Permittee shall promptly reimburse Company for all costs so incurred, together with
interest at the rate of ten percent (10 %) per annum.
16. Entire Agreement. This Entry Permit constitutes the entire agreement between Company
and Permittee pertaining to Permittee's entry upon the Property.
17. Governing Law: This Entry Permit shall be construed and enforced in accordance with
and governed by the laws of the State of California.
18. Attorney's Fees: In the event of any legal action to enforce the rights or remedies of
either party to this Permit, the prevailing party shall be entitled to recover its costs and
expenses (including attorneys' fees) of such action.
19. Survival. The obligations and liabilities of Permittee hereunder shall survive the
termination of this Entry Permit.
20. Authority. Any person executing this Entry Permit on behalf of Permittee represents and
warrants that he /she is duly authorized to execute same and that Permittee is bound by
the terms and conditions hereof.
city of newport beach 5.22.15 5/29/2015
(Rev. 06/12)
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City Vehicle Parking Areas —
no more than 30 vehicles
EXHIBIT A: CITY OF NEWPORT BEACH
PARKING AREA — 6/10,6/11,6/12,6/18