HomeMy WebLinkAbout03 - Harbor Fees - SupplementalReceived After Agenda Printed
Agenda Item No. 3
11 -26 -13
Revision to HOA Rent Section in Resolution No. 2012 -98
Home Owners' Associations ( "HOX) which provide slips for the exclusive use of its
members, shall pay as fair market Base Rent the residential pier rental rate established
in Resolution No. 2013 -88, or any successor resolution, as phased in and adjusted
pursuant to that resolution. One -Della. and- ,-wG GGRtS ($1.02) , squaFe feet Af the
PFeF ises as phased ; and adjusted . Rt to this FesekAtiOR. In the event an HOA
rents slips to non - members, depending upon the size of the Premises, the HOA shall
pay fair market Rent for those slips equal to the "Large Commercial Marina Rent" or
"Large Commercial Marina Rent Alternative" as established by Resolution No. 2012 -92,
or any successor resolution, or the Small Commercial Marina Rent established by this
resolution. Depending upon the Rent applicable to, or selected by, a HOA, the HOA
shall be subject to all of the applicable terms accompanying the Rent (e.g., audit, etc.).
Revised Residential Pier Tidelands Rent Calculations
Residential Pier Rent
(1) Begs.,, ORg „n neaFGh , 2013, Residential Pier Permittees shall pay as
Rent Fifty -Two and One -Half Cents ($0.525) per square foot of the
Premises, as phased in and adjusted pursuant to this resolution. Two (2)
examples of the Rent calculation are provided below for illustrative
purposes:
(2) Beginning on March , 2013 Permittees that desire to rent/lease their
Residential Pier shall notify the City in writing. Permittees that rent/lease
their Residential Pier, either in whole or in part, shall pay the Rent
applicable to Small Commercial Marinas as established in Resolution No.
2012 -98, or any successor resolution, for the Premises.
(3) To the extent a Residential Pier is shared by two (2) or more Permittees,
the Rent shall be apportioned equally among the Permittees (i.e., if a
Residential Pier is shared by two (2) Permittees half (1/2) of the Rent shall
be billed to one (1) Permittee and the other half (1/2) of the Rent shall be
billed to the other Permittee). The Permittees shall be jointly and severally
liable for the Rent. Each Permittee shall receive a permit from the City
indicating the percentage of the Premises apportioned to the Permittee.
Periodic Adjustments of Rent And Phase In
Rent for Residential Piers provided by this resolution, shall be phased -in and
adjusted as follows in the table below. In the table, "A" represents the calculated rent
based on the known square footage under permit in 2012, multiplied by Fifty -Two and
One -Half Cents a square foot ($0.525/SF):
Fifty -Two and One -Half Cents ($0.525) Rent Phase -in Table and Adjustment
Examples
2012
2013
2014
2015
2016
2017
General
([A
([A
([A- $100] /5)
([A-
Fully
$ 100
$100] /5) +
$100]/5) +
$1001/5)+
Phased -in
Example
$100
2013 Rent
+ 2014 Rent
2015 Rent
Rent (A)
Example #1-
$ 100
$ 199
$ 299
$ 398
$ 498
$ 597
1,139 SF
Example #2 -
$ 100
$ 229
$ 358
$ 487
$ 616
$ 748
1,426 SF
Example #3 -
$ 100
$ 445
$ 790
$ 1,135
$ 1,480
$ 1,827
31480
Rent for Residential Piers of one hundred ninetv sauare feet (190') or less shall Dav the
fully Dhased in Rent immediatelv and be subiect to CPI adiustment beoinnina in 2018.
During the phase -in period there shall be no adjustment by the U.S. Department of
Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers
( "CPI "), Los Angeles- Riverside - Orange County region or otherwise.
Beginning in 2018 and indefinitely beyond, the rental rate shall be adjusted by the
change in the CPI or two percent (2 %) whichever is less. The City may conduct a new
appraisal of residential pier rental rates in Newport Harbor after March 1, 2018, and
every fifth (5th) year thereafter, as part of the appraisal required by Resolution No. 2012-
96, or any successor resolution. The City Council, at its discretion, may use the
appraisal to adjust Rent for the following year (i.e., the Rent determined by the appraisal
following March 1, 2018 shall be effective March 1, 2019). If the City Council chooses
not to adjust Rent across the Class of Permit, it shall use the appraisal's results to
adjust the Rent of only those individual Permits that transfer ownership following each
appraisal. Once adjusted, these transferred Permits shall be adjusted by the change in
CPI or two percent (2 %), whichever is less, until such time that a new appraisal applies
to this Permit or Class of Permit.
Definitions
Unless otherwise provided, the terms provided in the Newport Beach Municipal
Code ( "NBMC ") shall apply to this resolution. The singular of any term also includes the
plural.
(1) Class of Permit means all Permits for Residential Piers in Newport Harbor.
(2) Permit refers to a permit issued by the City authorizing a Residential Pier
upon the Premises.
(3) Permittee means a person who has a permit from the City to
construct/maintain a Residential Pier.
(4) Premises means those Tidelands which are subject to the applicable
permit and are more particularly described and depicted in the applicable
permit, excluding any Private Waterways and improvements owned by the
Permittee or Tidelands subject to recorded easements for pier and slip
purposes. The Premises shall include only the portion of the Tidelands
located under a Residential Pier_. plus a to ten feet "^'` of heatable berth
mono o nrd the .dent And fleaf area The ton foot (IQ') of heatable herth
spaGe shall he reduee.d to the exte Rt a adjaGeRt a erty ❑Re a eGtr.
within the te., feet (10') a or ether ehc RS (e.g., e.dim Rt h„il.d
heaGh leGafen et..) that e the teR feet (IQ') a iA the oele -Anal
;;hselu4 ned.serntion of the City Manager, er rhri���Renc
unusable fer purposes of the GaloulafiOR la a event shall the FeaF of the
Residential Rier he ind, idpd ydfhin the Rremioeo
(5) Private Waterways means privately owned submerged lands or
submerged lands subject to recorded easements for pier and slip
purposes.
(6) Rent means the annual fair market rent charged on a square footage
basis for the use of the Premises.
(7) Residential Pier means a pier used by the ownerLsl--er occupant(s),
quest(s) or lessee(s) of the abutting residentially zoned upland property.
A Residential Pier shall include the entire pier system, including, but not
limited to, the float, gangway, gangway landing, pier, pier platform and
internal area of a slip(s).
(8) Tidelands means certain tidelands and submerged land (whether filled or
unfilled), located in the City of Newport Beach, County of Orange, State of
California granted to the City of Newport Beach, as trustee, by the State of
California, pursuant to the Tidelands Grant.
(9) Tidelands Grant means uncodified legislation related to the State of
California's grant of certain rights in the Tidelands to the City of Newport
Beach, including, without limitation, the Beacon Bay Bill (Chapter 74 of the
Statutes of 1978, as amended [citations omitted]).
Residential Tidelands Pier Permit
(1) Permittee: This Permit is issued on
( "Permittee ") to construct/maintain a residential pier locate d
tidelands, as more particularly described and depicted in
attached hereto and incorporated by reference.
agrees to be bound by the terms contained in this
Received After Agenda Printed
Agenda Item No. 3
11 -26 -13
to
upon City of Newport Beach ( "City ")
Attachment 1 ( "Premises "), which is
By acceptance of this Permit, the Permittee
Permit.
(2) Term: This Permit shall be valid for a period of yea r(sjtwe' `t2 eale 'ti..
beginning on March 1, 20 and expiring on February _, 20, unless terminated earlier as
provided herein. A new permit may be automatically issued upon expiration, provided rent is
paid and the pier is maintained. The City's longstanding policy is to re -issue residential permits
to the upland property owner, who also owns the physical dock associated with the Premises.
(3) Rent: Rent shall be calculated pursuant to Resolution No. 2012 - , or any
successor /amended resolution. Resolution No. 2012 - and any successor /amended
resolution are automatically incorporated by reference into this Permit, without any further action
by the parties, when adopted by the Newport Beach City Council.
(A) Periodic Payment of Rent: One -sixth (1/6) of annual rent for a particular year
shall be received by the City within nineteen (19) days after the mailing of the
Municipal Services Statement to Permittee. Bi- monthly rent will be billed with the
Permittee's Municipal Services Statement.
(B) Place for Payment of Rent: All payments of rent shall be made in lawful money of
the United States of America and shall be paid to City on line at
www.newportbeachca.gov, in person or by United States' mail, or overnight mail
service, at the Cashier's Office located at 100 Civic Center Drive3300-- Newport
Beulevard, Newport Beach, CA 92660-56, or to such other address as City may
from time to time designate in writing to the Permittee. The Permittee assumes
all risk of loss and responsibility for late charges and delinquency rates if
payments are not timely received by the City regardless of the method of
transmittal.
(C) Late Charges: A ten percent (10 %) late charge, or the maximum rate allowable
under State law, shall be added to all payments due but not received by City by
the due date.
(D) Third -Party Use: This Permit ❑ allows / ❑ does not allow (check one) the
Permittee to rent/lease the Premises to a third -party.
(4) Utilities and Taxes: The Permittee is solely responsible for obtaining all utilities and
paying all taxes (including possessory interest tax, if applicable), fees and assessments for the
Premises or improvements located thereon.
(6) G erRpli.�...... With App" Gable . Th tt t it
,t,� ,� �s�„ eree�s�egeR at its expense to
(57-) Maintenance: The Permittee assumes full responsibility for operation and maintenance
and repair of the Premises and associated improvements throughout the term of this Permit at
its sole cost, and without expense to the City.
(69) Transfer /Assignment: This Permit may be transferred or assigned by the Permittee as
provided in the Newport Beach Municipal Code.
(9) iffMieglign' This Permit may be teffninated fGF Gause (e.g., failuFe to abide by the teFMS
ef this PeFmit, etG.) by the Gity With RG less thaR thiFty (30) GaleRdar days prieF WFi#eR Ret AP tA
the 12AFMAee. IR the AVARt Af « . «I t . thi ...N{... the City stria'„ ewe PIG
PFAMiSes ,..Ithi.. n Rety (99) ..aleR d.... ay6 The oeFmittee shall rnRtiRue te pay eRt to tTre -6ny
Prernises te the City. Netwithstanding any etheF Of this Pe-Frnit as permitted -by
GPIWArnig Publip. R-P,;A---rrpq CA& SeGtiGR 6312, eF aRy SYGGeSSGF statute, the papties agree that
61PGR e)(PiFat*GR 9F AaAPF tPFMiAa4iQR Af this Permit the Gity Ghall have Re liability 9F ebligatie
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Attachment 1
Description & Depiction of Premises
Premise's Address (or description of general location):
Premise's Square Footage:
Premise's Depiction:
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