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HomeMy WebLinkAboutC-1160 - Bayfront Encroachment Agreement (for 123 East Bay Front)I+ RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92659-1768 1. n; auiA.a.._- ±'4s:tc, it<-h a Misr CaM Recorded in Official Records of Orange County, California G'-srY L. Granville; Clerk -Recorder Pa.9e 1 of 11 Fees: $ 37.0O Tax: a;x..: y 0.00 (Space above this line for Recorder's use only.) CITY OF NEWPORT BEACH BAYFRONT ENCROACHMENT AGREEMENT FOR 123 East Bay Front (Property Address) Definitions. (a) "Authorized Improvements" shall mean those improvements within the Permit Zone that are shown on Exhibit "B" provided the improvement is consistent with the Policy and the LCP. (b) "LCP" shall mean the proposed Land Use Plan of Local Coastal Program, which the City is developing. the now (c) "Permit Zone" shall mean the area bayward of the property line that runs generally parallel to the shore line and within the bayward prolongation of those property lines that are roughly perpendicular to the bayfront shore line on Balboa Island, from the property line to 2'6" behind the back of the public sidewalk. (d) "Permittee" shall mean Kenneth E. Honig, the owners of the property at 123 East Bay Front. (e) "Policy" shall mean City Council Policy L-6 as approved by the City Council on January 24, 1994, together with all modifications approved subsequent to that date, including the proposed new policy regarding Encroachments to the Bayfront right-of-way. (f) "Public Works Director" shall mean the Public Works Director for the City of Newport Beach or his designee. foc'T 1 2. Permit Principles. Permittee acknowledges that the issuance, administration and interpretation of the Permit is based on, and shall be consistent with, the following: (a) The City of Newport Beach is in the process of formulating an encroachment policy for the Bayfront on Balboa Island. This policy is intended to replace the general provisions of City Council Policy L-6 -- regarding Private Encroachments in Public Rights -of -Way -- as it relates to Balboa Island. The policy may amend the definition of "Permit Zone" and the nature of Authorized Improvements in that Zone. The new policy will impose annual permit fees for any encroachment permit for the Bayfront Right -of -Way. Permittee agrees to modify all existing encroachments to comply with the criteria of the new Encroachment Policy within 90 days of the Newport Beach City Council's adoption of the new policy and to pay any fee required by the new policy. (b) The fees charged Permittee are to be used solely to defray the cost of administering the Policy and, in accordance with the LCP, mitigate the impact on the Bayfront stemming from the construction and maintenance of Authorized Improvements. The annual fee shall be as specified in City Policy. 3. Standard Conditions. Permittee shall strictly comply with the following standard conditions to the approval of all Bayfront encroachment permits and any special conditions specified in Exhibit "B": (a) Permittee must execute and file an Encroachment Permit for Bayfront Encroachments. (Exhibit A). (b) Permittee must record this completed Bayfront Encroachment Agreement, a sketch of the improvements within the encroachment zone on Bayfront Encroachment form (Exhibit "B") and pay any required annual fee per City Council Policy L-6. (c) Upon sale of property, new owner must execute and file Bayfront Encroachment Permit before close of escrow. 2 (d) Permittee shall construct and maintain only the Authorized Improvements; (e) Permittee shall maintain at its expense all Authorized Improvements in good condition and repair; (f) Permittee shall be responsible for the cost of any repair to public facilities or improvements damaged by the installation or maintenance of the Authorized Improvements. (g) Permittee shall defend, indemnify and hold the City and its officers and employees harmless with respect to any claim, damage or injury related to Authorized improvements provided the Permittee shall have no such obligation if the claim, damage or injury was caused by any officer, employee or representative of the City; (h) Permittee shall remove any unauthorized improvements within ten (10) days after notice to do so, consent to City abatement of unauthorized improvements if not removed within the time specified in the notice and shall pay all costs incurred by the City in removing any unauthorized improvement. (i) Permittee shall allow the Public Works Director, or designee, to inspect improvements within the Permit Zone during normal business hours without notice to Permittee. (j) Construction within Permit Zone: 1. All construction within the Permit Zone must be performed by licensed contractors, unless waived by the City. 2. All work must be inspected by the City. Forms and subgrades must be inspected and approved before concrete is ordered. Inspectors are normally available during working hours upon 24 hours advance notice. Call (714)644-3311 to arrange for an inspection. 3. Barricades and or flagging must be provided and maintained around all trenches, excavations and obstructions. 4. Refuse or unused materials shall be removed within 24 hours after completion of the work. If materials are not so removed, the City may remove the materials and bill the applicant. 5. Work which has been done prior to issuance of a permit is subject to rejection and/or fine. 3 (k) City may enter into the Permit Zone to exercise its rights with respect to the Public Right -of -Way, including, but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public facilities or improvements. City may remove portions of the Authorized Improvements as required, and in such event: 1. City shall notify Permittee of its intent to perform the work, except in the case of an emergency. 2. City shall bear only the cost of removing any Authorized Improvement necessary for City to complete the work. 3. Owner shall be responsible for restoring any Authorized Improvement affected by the City's work, and shall pay all costs associated with such restoration. 4. Encroachment Permit Term/Renewal. (a) Term The encroachment permit issued pursuant to this Agreement shall be effective on the date of issuance and shall expire on the 30th of June following issuance. (b) Renewal 1. In order to maintain Authorized Improvements within the Permit Zone, Permittee must pay the required annual encroachment fee and file a completed Bayfront Encroachment Permit form (Exhibit "A") by May 31 of each year. 2. In order to construct new improvements or modify existing improvements within the Permit Zone, Permittee must pay Encroachment Fees Schedule, if applicable, and file both a completed Bayfront Encroachment Permit form (Exhibit "A") and a sketch of the improvements on the Bayfront Encroachment form (Exhibit "B") for approval prior to beginning work. 4 5. Stipulation to Property Right. Permittee stipulates that City has at a minimum, an easement for street and public access purposes across the Permit Zone. The construction or maintenance of authorized encroachments pursuant to any Bayfront Encroachment Permit constitutes a waiver on the part of the Permittee and all successors to dispute the validity of this easement or the City's rights to prevent construction of any improvement in the permit zone. 6. Termination City shall have the right to terminate this Agreement, or require Permittee to modify Authorized Improvements, at any time the City Council determines that termination or modification is in the public interest. 7. Revocation. The Public Works Director may revoke this Agreement after notice and hearing upon a determination that Permittee is in violation of the terms or principles or conditions of this Permit. 8. Notice. Notice shall be deemed given when personally delivered to Permittee or when deposited in the United States mail, first class postage prepaid, and addressed to Permittee at the address specified on the Application for Permit. 9. Binding Effect. Owner agrees that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of Owners' interest in the land whether fee or otherwise, and shall be recorded in the Office of the County Recorder of Orange County, California. IN WITNESS WHEREOF, the parties have caused this Permit to be executed on the day and year first written below. 5 Dated: CITY OF NEWPORT BEACH A Municipal Corporation 99LS- By: APPROVED AS TO FORM: City Attorney ATTEST: Z City Clerk Dated: F:\ WP51\GILBERT\AGT\95.64 "PERMITTEE": 6 STATE OF CALIFORNIA )ss. COUNTY OF ORANGE On 7/72 1995 , before me, Shauna Lyn Oyler personally appeared Kevin Murphy and Wanda Raggio personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(3) whose name)- isle subscribed to the within instrument and acknowledged to me that he/3hc/thcy executed the same in his/hcr/thcir authorized capacity(ic3), and that by his/hcr/thcir signature(3) on the instrument the person-3) or the entity upon behalf of which the person(o) acted, executed the instrument. WITNESS my hand and official seal. <-k Notary Public in and r said '�tate Shauna Lyn Oyler 0t , •. ar... Comm #10CAL!F ^ Yt o NOTARY PUBLIC CALIFORNIA�0^„. 2 ORANGE COUNTY C) Comm Expires Aug. 22, 1997 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 .flll./�"lJY�lI./lull,/.�./lll./l�'ill./lllfrlf./ltl.1.�.�lll.�lll�"�1.��ll�l�lll�.11!.r../'1 State of Gl�c�-, •�—, iy {-� County ofr�1f�, On I I 4 1`—N before me,—' picrOcL, \- , "- DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOT4RY PUBLIC" personally appeared II NAME(S) OF SIGNER(S) personally known to me - OR - L proved to me on the basis of satisfactory evidence to be the person whose name : re subscribed to the within instrument and ac- knowledged to me thhe/they executed the same in g/her/their authorized capacity and that byher/their signature on the instrument the person.( or the entity upon behalf of which the person 4s acted, executed the instrument. PATRICIA H. HUNDLEY COMM. #967631 Notory Public -California ORANGE COUNTY My comm. expires JUN 10,1996 7 WITNESS my hand and official seal. OPTIONAL SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ItINDIVIDUAL CORPORATE OFFICER ❑ PARTNER(S) II TITLE(S) II LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES • •T DATE OF DOCUMENT Na SIGNER( OTHER THAN NAMED ABOVE ✓././ll�1.Jl!lJYlull./lJlJlllllttJ111f,/Yt./lll./l./YYll-/ll./l.�.�lllll�lll.��•llrlJ ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 CITY 0 = N _WPORT BEACH ENCR ..;HMENT PERMIT (PI se type or print. Press hard - make 3 copies) Permit #E.P C r ("( Amount Fee Paid $ 55 • Oa Receipt tT S 4 o (o APPLICATI F R: ❑ CURB CUT 0 SEWER CONNECTION (CHECK ON ❑ STREET EXCAVATION 0 WATER CONNECTION 0 UNDERGROUND UTILITIES DYOTHER:P.rt ° Sewer Fee Receipt 8 Water Fee Receipt 11 Skeet Permit k ADDRESS OF WORK: / 23 L- • LTA y /.R 0,-, T ;., APPLICANT'S NAME 1 ��e 6- J ( 1CC�NIrn- ( ADDRESS: �.1• 9 Z b b- 0-3 C • Al c c-)^-11-- P� ONE: 1 I"( 675-- 33-31; .Ji OW S NAME: / i-,/--'1, ADDRESS. P ONE: CONTRACTOR'S NAME: S / --wt C ADDRESS: Office Phone: C �. Job Site Phone: ��1 1 11 CONTRACTORS CITY BUSINESS LICENSE NO. (J., ,.t-Y /&11f LjKL STATE LICENSE NO. The applicant hereby makes application to L 0 /U r /2. G 7-PG.9-i✓7—E/2_ /Zff/S mil .'f4-r/ o , 05+T11 ' f2, LC Cy a L A Nr v i J/f z/9s !-, / 7—/4 (SEE ATTACHED PLANS) SPECIAL CONDITIONS OF APPROVAL REQUIRED BY CITY: % A/ r /2- 0 A- c 1.4 44 E/U / A- Cz-/L LEE /nf 4' ✓ I ❑ Locale and pothole e. sting City owned utilities (ie' water, sewer. or street lighting conduits) to verify locations prior to start of any work. Maintain a one (1) fool clearance over or under existing City owned utilities. To arrange for inspection of all connections to City Utilities or if a conflict should occur please contact of the Utilities Department, 48 hours prior to start of any work al (714) 644-3011. In addition, when a sewer cleanout is required, V.C.P. or P.V.C. SDR35 shall be used with a 4TT box over the cleanoul riser. " ALL UNDERGROUND WORK SHALL BE PERFORMED BY A LICENSED CONTRACTOR" CONTACT "UNDERGROUND SERVICE ALERT" AT LEAST 48 HOURS IN ADVANCE OF ANY EXCAVATION AT 1-800-422-4133 WORKERS COMPENSATION INSURANCE CERTIFICATE OF INSURANCE (Section 3803 Labor Code) O I certify that I have a Certificate of consent to self -insure. or Certificate of Workers Compensation Insurance o4 a Certified Copy thereof. Company: Expiration Dale. Policy No.. O Certified Copy hereby furnished Applicant. Date: (signature) CERTIFICATE OF EXEMPTION (Section 3800 Labor Code) I certify Thal in the performance of the work for which This permit is issued. I shall not employ to the Workers Compensation Laws of California. II, after signing this certificate I become subject to the Workers Compen ation provisions of the Section 3700 or This permit shall be deemed re ,8ed. ` Applicant: any person in any manner so as to become subject Slate Labor Code, I must comply with the provisions of Dale: (signature) CON RACTOR LICEN yarn exempt from hiring a Contractor as I I R of roperty and am persona Applicant. E XEMPTION performing all work within the Public right-of-way. Dale: (signature) E CROACHMENT S4 understand hall am locating minor encroachments within the City r' hi-of-way/easement. encroachments. I will be responsible for replaci g t im rov e s if the City removes property owner shall indemnify and hold the C. h s an li associated with Owner Signature: TEMENT It is them for the my responsibility as the property owner to maintain the maintenance of utilities or other public need; and I, the or encroachments. Date «««< 24 HOUR DVAN N TICE IS RE UIRED CALL (714) 64 - Theterms and conditions of t s permit are printed on both sides of this form. Applicant and undersla aid to s ,conditions and that he agrees to abide by Them -..., OR ALL INSPECTIONS »»»> hereby acknowledges that he has read i W RS AUTHORIZED AGEN S SIGNATURE (DATE) SPAC BELOW THIS LINE FOR OFFICE USE DEPARTMENT APPROVAL RE IRED DATE SIGNATURE - TITLE PERMIT ISSUED BY: 4.4.-—<-27`�rr��-,_� / / 9 f EXPIRATION DATE OF PERMIT: » / z / 9,5r DATE ISSUED: - 2. PERMIT DENIED: Vanm _ Arnrranl Pink - Temporary Office Copy 615_d04 While - Permit / ,4 /5 / yA r1 2 0 - 1--r): —4 6. 4 rn