HomeMy WebLinkAboutC-8118-1 - Agreement for Use of 1701 Port Barmouth Place, Newport BeachAGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND
DAVID R. WAGNER FOR USE OF
1701 PORT BARMOUTH PLACE, NEWPORT BEACH, CA 92660
THIS AGREEMENT for use of the building(s) and/or structure(s) ("Agreement") located at 1701 Port Barmouth
Place, Newport Beach, California 92660 ("Premises") is made and entered into as of this 12th day of July, 2016 ("Effective
Date') by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
DAVID R. WAGNER, a married man, as his sole and separate property ("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 "City") 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 (individually, a
Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any breach of the
terms and conditions of this Agreement or City's use of the Premises. Notwithstanding the foregoing, nothing herein shall
be construed to require Owner to indemnify the City from any Claim arising from the sole negligence or willful misconduct
of the Indemnified Parties. 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.
5.2 To the fullest extent permitted by law, City shall indemnify, defend and hold harmless Owner, its
successors and/or assigns (collectively "Owner") from and against any and all claims (including without limitation, claims
for bodily injury or death), 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 (individually, a Claim; collectively, "Claims'), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this Agreement or City's use of the Premises.
Notwithstanding the foregoing, nothing herein shall be construed to require City to indemnify the Owner from any Claim
arising from the willful misconduct of the 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.
6. STANDARD PROVISIONS
6.1 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall
not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained
herein, whether of the same or a different character.
6.2 Integrated Contract. This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or
nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein.
6.3 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this
Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall
govern.
6.4 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any
other rule of construction which might otherwise apply.
6.5 Amendments. This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney.
6.6 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force
and effect.
6.7 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all
matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent
jurisdiction in the County of Orange, State of California.
6.8 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the
prevailing party shall not be entitled to attorney's fees.
6.9 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one (1) and the same instrument.
Release and Waiver Page 2
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
ATTEST: �
Date: )�b
6(:��MR MALellani 1. BrownCity Clerk
Page 3 of 3
CITY OF NEWPORT BEACH,
A California 7 icipal corporation
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By_l
Scott Poster f e s� aJ f
Fire Departent Chief
OWNER: /
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By:
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below. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written
APPROVED AS TO FORM:
CITY ATTORNEY'S qFFICE
Date:
By
Aar C. Harp
City Attorney
ATTEST:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Scott Poster
Fire Department Chief
OWNER:
By:
David R. Wagner, a married man, as his
sole and separate property
Release and Waiver Page 3
JONATHAN JACKSON_ COMPANY
STATE LIC a 486266 CAL OSHA a 1130
2681 DOW AVENUE SUITE C-1
TUSTIN, CA 92780 PHONE: 949-722-6446 FAX: 949-722-2971
LETTER OF COMPLETION
CLIENT: PETE BLACK CONSTUCTION REPORT # 1606-095-614241
REPORT DATE: 06/10/2016
PROJECT: 1701 PORT BARMOUTH, NEWPORT BEACH, CA
TO WHOM IT MAY CONCERN:
RE: THE COMPLETION OF THE REMOVAL OF ASBESTOS CONTAINING
MATERIALS, AS PER REPORT.
THIS LETTER IS TO INFORM WHO IT MAY CONCERN THAT ON
07/11/2016 THE ABOVE SAID PROPERTY HAS HAD ASBESTOS
CONTAINING MATERIALS PROPERLY REMOVED, AS PER REPORT.
ALL WORK WAS PERFORMED AS PER E.P.A. STANDARDS AND ALL
ASBESTOS CONTAINING MATERIALS HAVE BEEN PROPERLY DISPOSED
OF AT AN E.P.A. CERTIFIED DISPOSAL LOCATION.
FOR MORE INFORMATION REGARDING THIS MATTER, PLEASE CALL:
949-722-6446.
RESPECTFULLY SUBMITTED,
JO ATHAN JACKSON
DATE 07/11/2016