HomeMy WebLinkAboutM2002-0035CITY OF NEWP(* T BEACH FIRE MARINE DEPAR� ENT
HARBOR PERMIT APPLICATION (Please print all information)
(71 �/) 6 41';1 -/ 7 3 0
1. Applicant (Property Owner) Address Z ne
,,,, Telepho
A/ 7 _164�1
2. Project Addres's (Street Address) Harbor Permit Number
nan
3. New Construction Revision -- Mainte 7 e- Dredging
4. Fee. 7�?,5_3,00 Check No, Date /7/ 1-2 Iq
5. Brief Description of Proposed
6. Submit 8 1/2" x 1 V Drawings (3), Include:
1). Location and dimension of proposed structure including piles and location of existing structures.
on adjacent properties.
2). Location of bulkhead, pierhead and project lines.
3). Location of property lines.
4). Location of channel markers within 200 feet.
5). Lot sizes and lot numbers. if available.
6). Existing ground profile beneath proposed structure.
7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W.
8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W.
9). Any special conditions affecting the construction or affecting boating operations.
1 0).Complete all information required in information block, bottom of sheet. Note that the OWNER.
of the property is the applicant.
1 1).Drawing size shall be 8 - 1/2" x 11
12).Scale shall be adequate to clearly show the above information.
13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines.
7. Owner -Builder Declaration e
mus
8. Applicant's/Agent's Signature
Joint Permittee Signature ( if appi 4ca
9. Work can begin once the City has received evidence of the following additional approvals and you have
been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach
Municipal Code and subject to penalties.
'1)0. Your permit will not be final until we have conducted an on site inspecti6n once construction is
completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection.
OFFICE USE ONLY
Approval in Concept.
Date
Approval of the City of Newport Beach Council.
Date
Approval of the Army Corps of Engineers
Date
Approval of the California Coastal Commission.
Date
Approval of the City's Public Works Department.
Date
Approval of the City's Building Department.
Date
Approval of County of Orange.
Date
Electrical and/or plumbing permit (Building Department)
Date
Issued. (Permit is stamped drawing)
Date
Site Inspection. (call 644-3043 for appointment)
Date
Site Re -inspection
Date
Conditions:
0
S -E, I
PERMIT 0.2-3
N :7_"
DREDGING APPLICATION
Project Location:
Cubic Yards to be Dredged:
Method of Dredging:
Nature of Dredged Material;
1* e Dr , Z 6 � `0- C 7 7�, , 4 6q Z
Disposition of Dredged Material:
Method of Material Disposition:
Turbidity Control Method:
Effect of dredging on contiguous bulkheading and beaches
RVAIMM
hereby state that I have read the U. S. Army
(print name)
Corps of Engineers permit for maintenance dredging in Newport Harbor, the
City of Newport Beach and Orange County Harbors,Beaches and Parks District
(if applicable) permit for maintenance dredging and that I accept all the
provisions therein. Additionally I guarantee that the proposed dred qing
will not occur because of any altering of existing use of the affected
zone.
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PERMIT 115SUED SUBJECr TO
DREDGE MATERIAL SONG
HAULED TOSEA
Grain Size Summary
Sample provided to Lejman Gcotechnical Group, Inc. in a bulk bag by California Recreation Co. Sample consists
of a grayish brown fine sand with some seashell fragments and was obtained from 1601 Bayside Drive, Newport
Beach, California at a depth of -4 feet M1,LW.
Lejxnan PLATE
Geotechnical Grain Size Summary
Group
Incorporated client: reject: Date:
California Recreation Co.TP 98-34-00 April,1998
% Material
Cumulative
Opening
Size
Sieve
Retained
Percent
(mm)
Phi
Mesh
by Weight
Retained
----------------------------------------
4.75
---------------------------------------
-2.25
4
--------------------------------------------------
0.3
0.3
Gravel
2.83
-1.5
7
0.2
0.5
2.00
-1.0
10
0.0
0.5
----------------------------------------------------------------------------------------------------------------------------------------
1.41
-0.5
14
0.2
0.7
1.00
0.0
18
0.4.
1.1
0.71
0.5
25
1.3
2.4
0.50
1.0
35
7.2
9.6
Sand
0.35
1.5
45
13.9
23.5
0.25
2.0
60
21.2
44.7
0.177
2.5
80
19.4
64.1
0.125
3.0.
120
12.1
76.2
0.088
3.5
170
8.5
84.7
0.074
3.75
200
6.9
91.6
--- ---------------------------------------------------------------------------------------------------------------------------------
Silt -clay
<0.074
3.75
<200
8.4
-
100
---------------------------------------------------------------------------------------------------------------------------------------
0.5% Gravel
9 1.1 % Sand
8.4% Silt -Clay
Sample provided to Lejman Gcotechnical Group, Inc. in a bulk bag by California Recreation Co. Sample consists
of a grayish brown fine sand with some seashell fragments and was obtained from 1601 Bayside Drive, Newport
Beach, California at a depth of -4 feet M1,LW.
Lejxnan PLATE
Geotechnical Grain Size Summary
Group
Incorporated client: reject: Date:
California Recreation Co.TP 98-34-00 April,1998
Lejman Cumulative Grain Size Distribution PLATE
Geotechnical
Group Phi Units
Incorporated Client: Project: I Date: 2
California Recreation Co. 98-34-00 April, 1998
S I LT
SAND
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PARTICLE DIAMETER 11 S
to
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PARTICLE DIAMETER IN MILLIMETERS
Median 2.150 (0.23mm) 0.5 % Gravel
91.1 % Sand
Mean = 2.350 (0.21mm) 8.4 % Silty -Clay
Sample location: 1601 Bayside Drive, Newport Beach, California
Mudline elevation: -4.0'MLLW
Lejman Cumulative Grain Size Distribution PLATE
Geotechnical
Group Phi Units
Incorporated Client: Project: I Date: 2
California Recreation Co. 98-34-00 April, 1998
1137 Bayside Drive Corona del Mar, California
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California Recreation
1137 Baysido Drive
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FAX (714) 720-9436
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1137 Bayside Drive Corona del Mar, California 92625 (714) 644-9730 FAX (714) 720-9436
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1137 Bayside Drive Corona del Mar, California 92625 (714) 644-9730 FAX (714) 720-9436
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1137 Bayside Drive Corona del Mar, California 92625 (714) 644-9730 FAX (714) 720-9436
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PERMT T NO. Z)
DREDGING APPLICATION
Pro�ect Locat--ont 1601 Bayside Dr.
Cubic Yards to .�e Dredged: 297
%�r,'-hod of Dre,�ging- Hydraulic Suction
Dredged Material: Sand/Silt
Nature o�
Disposition of Dredged Material: Haul to sea and dump at Latitude 33*31'42"N,
Longitude 117054148"W
Nleth'-10, of Material Disposition: Barge to sea
Turblc'—�4:y Control Method: Material to be contained in dump barge at dredge site.
Effect of dredq�'-nq on contiguous bulkheading and beaches None
1, LaVerne Harris hereby state that T have read the U. S. Army
=='7---- -
,p---,nt name)
Corns o� 7,gireers permit for maintenance dredgira in �lewport 11,,irbor, the
-1�y of Newoort Beach and orange County Harbors,Beaches and Parks -:.,,-trjct
aoPlicable* permit for maintenance dredqrin�,� and that I accept al] the
Proviq,.ons there.,,n. Additionally I guarantee '�hat the ;aron,�)sed dredaina
w)t occur because of any altering of exist'Ing use, of th(, af-fec-(.,,d
ZO �. el
California Recreation Newport Dredging Co.
'n "'ontrActcr-tvoe namol
Sianed-
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Represerr�at)'ve
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PEI"'115510N Is HEREBY GRANTED -to
MAINTAIN Tmk. rArN-;iY swaviw
&T TH]. Im
SITE 114046XIM0, ML�
ME- HAM"oft h plftr�V �.s ol�
ANY Sp Y00. ,
ECIAL OF
IS NOT TfIANSFrRABUK JVJ,�
JOU" y, f -
THE CITY HARDirl c�GWl
"la"Y'S G'Vt':JM UNDER T;.4.�,,
AND *iNs A. %
IN excof, I�EHWUT MAY fir Eey -,'Po
TDANCE WITH TVI'LE 1. TH um�
Uffy
SPECUL CONDMOft
Cori's Of Enginevirs] parlAm
OMOGO County NmA
Other
PERMITISSUED 8VfMFCT TO
DREDGE MATEMAL WHO
HAULED TO SEA
PLACED ON
STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Governor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000 Ate
Long Beach, CA 90802-4302 (a
(562) 590-5071
- , "I IIII - A - -- 0 1* 1 11� A 9 : 1111 1111 0 W"' "
August 14, 2002
Permit Number 5-01-376 issued to Bahia Corinthian Yacht Club, Attn: Steve Tarantino
for:
Demolition of existing boat hoist, gangway and floating dock and construction of a new
boat hoist, concrete platform, gangway and floating dock. The proposed project includes
construction of a 40ft. by 16ft.6in. reinforced concrete platform with two 8,000 pound
boat hoists. The platform will extend beyond the face of the existing bulkhead by
6ft.6in. and will be supported by three 12inch diameter steel piles seaward of the
bulkhead. The proposed gangway and dock will include a 12ft. by 30ft.
gangway/launch ramp (replacing the 4ft. by 20ft. pedestrian gangway ramp. A 606
square foot floating dock is also proposed.
at: 1601 Bayside Drive, Corona del Mar (Newport Beach) has been amended to include
the following change: Increase the number of 12" diameter steel piles from three to six,
to support the previously approved boat hoist platform. Three chance anchors will be
installed during construction only.
This amendment will become effective upon return of a signed copy of this form to the
Commission office. Please note that the original permit condition unaffected by this
amendment are still effect.
PETER M. DOUGLAS
Executive D'i ector
0 7
v � co'�-
By: M��g Vaughn
Title: Coastal Program Analyst
ACKNOWLEDGMENT
I have read and understand the above permit and agree to be bound by the conditions as
amended of Coastal Development Permit 5-01-376.
Date: Signature
AMENDMENT TO COASTAL DEVELOPMENT PERMIT
5 -01 -376 -Al
Page: 2
STANDARD CONDITIONS
1. Notice of Receipt and Acknowledgment. The permit is not valid and development
shall not commence until a copy of the permit, signed by the permittee or
authorized agent, acknowledging receipt of the permit and acceptance of the terms
and conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years
from the date on which the Commission voted on the application. Development
shall be pursued in a diligent manner and completed in a reasonable period of time
Application for extension of the permit must be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will be
resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to bind-.-,:
future owners and possessors of the subject property to the terms and condit;'Zjr1S:.
SPECIAL CONDITIONS:
1 Prior Conditions
Unless specifically altered by this amendment, all regular and special conditions
attached to Coastal Development Permit 5-01-376 remain in effect. All regular
conditions and Special Conditions previously imposed under CDP 5-01-376 apply
equally to the amendment.
2. Pre -construction Caulerpa Taxifolia Surve
A. Not earlier than 90 days nor later than 30 days prior to commencement or
re -commencement of any development authorized under this coastal
development permit (the "project"), the applicants shall undertake a survey of the
project area and a buffer area at least 10 meters beyond the project area to
determine the presence of the invasive alga Caulerpa taxifolia. The survey shall
include a visual examination of the substrate.
AMENDMENT TO COASTAL DEVELOPMENT PERMIT
5 -01 -376 -Al
Page: 3
B. The survey protocol shall be prepared in consultation with the Regional Water
Quality Control Board, the California Department of Fish and Game, and the
National Marine Fisheries Service.
C. Within five (5) business days of completion of the survey, the applicants shall
submit the survey:
for the review and approval of the Executive Director; and
to the Surveillance Subcommittee of the Southern California Caulerpa
Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be
contacted through William Paznokas, California Department of Fish &
Game (858/467-4218) or Robert Hoffman, National Marine Fisheries
Service (562/980-4043).
D. If Caulerpa taxifolia is found within the project or buffer areas, the applicants shall not
proceed with the project until 1) the applicants provide evidence to the Executive
Director that all C. taxifolia discovered within the project area and all C. taxifolia
discovered within the buffer area have been eliminated in a manner that complies with
all applicable governmental approval requirements, including but not limited to those of
the California Coastal Act, or 2) the applicants have revised the project to avoid any
contact with C. taxifolia. No revisions to the project shall occur without a Coastal
Commission approved amendment to this coastal development permit unless
the Executive Director determines that no amendment is legally required.
3. Pre -Construction Eelgrass Survey
A. Pre Construction Eelgrass Surve . A valid pre -construction eelgrass (Zostera
marina) survey shall be completed during the period of active growth of eelgrass
(typically March through October). The pre -construction survey shall be
completed prior to the beginning of construction and shall be valid until the next
period of active growth. The survey shall be prepared in full compliance with the
"Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified
by this special condition) adopted by the National Marine Fisheries Service and
shall be prepared in consultation with the California Department of Fish and
Game. The applicants shall submit the eelgrass survey for the review and
approval of the Executive Director within five (5) business days of completion of
each eelgrass survey and in any event no later than fifteen (15) business days
prior to commencement of any development. If the eelgrass survey identifies
any eelgrass within the project area which would be impacted by the proposed
project, the development shall require an amendment to this permit from the
Coastal Commission or a new coastal development permit.
B. Post Construction Eelgrass Surve . If any eelgrass is identified in the project
area by the survey required in subsection A of this condition above, within one
month after the conclusion of construction, the applicants shall survey the project
AMENDMENT TO COASTAL DEVELOPMENT PERMIT
5 -01 -376 -Al
Page: 4
site to determine if any eelgrass was adversely impacted. The survey shall be
prepared in full compliance with the "Southern California Eelgrass Mitigation
Policy" Revision 8 (except as modified by this special condition) adopted by the
National Marine Fisheries Service and shall be prepared in consultation with the
California Department of Fish and Game. The applicants shall submit the post -
construction eelgrass survey for the review and approval of the Executive
Director within thirty (30) days after completion of the survey. If any eelgrass has
been impacted, the applicants shall replace the impacted eelgrass at a minimum
1.21 ratio on-site, or at another location, in accordance with the Southern
California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be
mitigated at a minimum ratio of 1.21 (mitigation: impact). The exceptions to the
required 1.21 mitigation ratio found within SCEMP shall not apply. Any off-site
mitigation shall require an amendment to this permit or a new coastal
development permit unless the Executive Director determines that no
amendment or new permit is required.
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STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Governor
CALIFORNIA COASTAL COMMISSION.
South Coast Area Office Page 1 of 5
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302 Date: February 25, 2002
(562) 590-5071 D ;+ KI r, r) 1 ':� -7 CZ
RECEIVED RY
PLANNING DEPARTMEN7
COASTAL DEVELOPMENT PERNIT'YOPNIP I A I D � —. —
' c- A 2 H
AM IMAR 0 1 2002 PNI
On 6 February 2002 , the California Coastal Commission granteVtk"�b'5`12,1 21314,516
Corinthian Yacht Club, Attn: Steve Tarantino Coastal Development t 5-81-
376, subject to the attached Standard and Special Conditions, for di�pment
consisting of: Demolition of existing boat hoist, gangway and floating dock and
construction of a new boat hoist, concrete platform, gangway and floating dock.
The proposed project includes construction of a 40ft. by 16ft.6in. reinforced
concrete platform with two 8,000 pound boat hoists. The platform will extend
beyond the face of the existing bulkhead by 6ft.6in. and will be supported by three
12inch diameter steel piles seaward of the bulkhead. The proposed gangway and
dock will include a 12ft. by 30ft. gangway/launch ramp (replacing the 4ft. by
20ft. pedestrian gangway ramp. A 606 square foot floating dock is also
proposed. More specifically described in the application file in the Commission
offices.
The development is within the coastal zone in Orange County at 1601 Bayside
Drive, Corona Del Mar.
Issued on behalf of the California Coastal Commission on February 25, 2002.
PETER DOUGLAS By: lh�AQILA A
Executive Director Title: Coast4!)Program A��alyst
ACKNOWLEDGMENT
The undersigned permittee acknowledges receipt of this permit and agrees to abide by all
terms and conditions thereof.
The undersigned permittee acknowledges that Government Code Section 818.4 which
states in pertinent part, that: "A public entity is not liable for injury caused by the
issuance . . . of any permit . . .' applies to the issuance of this permit.
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION
OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a).
Date
Signature of Permittee
COASTAL DEVELOPMENT PERMIT
No. 5-01-376
Page 2 of 5
Please sign and return one copy of this form to the Commission office at the above
address. '
STANDARD CONDITIONS
1 Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in 6
reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will
be resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee to
bind all future owners and possessors of the subject property to the terms
and conditions.
SPECIAL CONDITIONS:
1 . Compliance With Plans Submitted
The permiftee shall undertake development in sfrict conformance with the
proposal and plans as set forth in the application for permit, subject to any
special conditions set forth in this coastal development permit approval. Any
proposed changes to or deviations from the approved plans shall be reported
to the Executive Director. No changes to the approved plans shall occur
without a Commission amendment to this coastal development permit unless
the Executive Director determines that no amendment is required.
COASTAL DEVELOPMENT PERMIT
No. 5-01-376
Page 3 of 5
2. Construction Responsibilities and Debris Removal
The permittee shall comply with the following construction -related requirements:
(a) No construction materials, debris, waste, oil or liquid chemicals shall be placed
or stored where it may be subject to wave erosion and dispersion, stormwater,
or where it may contribute to or come into contact with nuisance flow.
(b) On site washing or maintenance of construction equipment and trucks shall be
prohibited.
(c) A portable sump pump shall be used to drain residual water into the sanitary
sewer.
(d) Any and all debris resulting from construction activities shall be removed from
the site within 10 days of completion of construction;
(e) If turbid conditions are generated during construction a silt curtain shall be
u-6lized to minimize and control turbidity to the maximum extent practicable.
(f) All stock piles and construction materials shall be covered, enclosed on all
sides, and shall be located as far away as possible from drain inlets and any
waterway, and shall be contained so that no material comes info contact
with the ground surface or rainwater;
(g)A protective barrier shall be utilized to prevent concrete and other large
debris from falling into the harbor;
(h) All debris and trash shall be disposed of in the proper trash and recycling
receptacles at the end of each construction day;
(i) The discharge of any hazardous materials into the harbor or any receiving
waters shall be prohibited.
(j) Floating booms shall be used to contain debris discharged into coastal
waters and any debris discharged shall be removed as soon as possible but
no later than the end of each day.
(k) Non -buoyant debris discharged into coastal waters shall be recovered by
divers as soon as possible after loss.
3. Best Management Practices Program
By acceptance of this permit the applicant agrees that use of the approved
boat hoist, gangway/launch ramp, and floating dock and immediate area will
be managed in a manner that protects wafer quality pursuant to f he
implementation of the following BMPs.
(a) Boat Cleaning and Maintenance Measures:
In -water top -side and bottom -side. boat cleaning shall minimize the discharge
of soaps, paints, and debris.
COASTAL DEVELOPMENT PERMIT
No. 5-Ql-376
Page 4, of 5
In -the -water hull scraping or any prpcess that occurs under water that
results in the removal of ;Daint fromboat hulls shall be prohibited. Only
detergents and cleaning components that are designated by the
manufacturer as phosphate -free and biodegradable shall be used, and
the amounts Used minimized.
The applicant shall minimize the usei of detergents and boat cleaning and
maintenance products containing ammonia, sodium hypochlorite, chlorinated
solvents, petroleum distillates or lye.
(b) Solid and Liquid Waste Management Measures:
1 . All trash, recyclables, and hazardous wastes or potential water
contaminants, including old gasolin0 or gasoline with water, absorbent
materials, oily rags, lead acid batteri'es, anti -freeze, waste diesel, kerosene
and mineral spirits shall be disposed i of in a proper manner and will not at
any time be disposed of in the wate : r, gutter, or drain.
(c) Petroleum Control Management Measures:
Oil absorbent materials shall be examined at least once a year and
replaced as necessary. The applicant shall recycle the materials, if
possible, or dispose of them in acc6rdance with hazardous waste disposal
regulations. The boaters shall regularly inspect and maintain engines,
seals, gaskets, lines and hoses in order to prevent oil and fuel spills. Boaters
shall also use preventive engine m6intenance, oil absorbents, bilge pump -
out services, or steam cleaning services as much as possible to clean oily
bilge areas. The boaters shall clean and maintain bilges and shall not use
detergents while cleaning. The use of soaps that can be discharged by
bilge pumps is discouraged.
(d) Treatment or Filtration of Runoff
I The applicant shall minimizeJ to the maximum extent practicable,
the pollutant load of runoff from this site to Newport Harbor. Pursuant to
this requirement, the applicant shqll install appropriate structural Best
Management Practices (BMPs) designed to remove trash and particulate
debris, sediments, as well as oil, grease, petroleum hydrocarbons and
other boating -related fluid contaminants. All wash water from the boat
hoist and other boating -related a6tivities shall be treated and/or filtered
to the maximum extent practicablb by this BMP.
2. All structural BMPs shall be sized to treat or filter storm water runoff
from each storm, up to and including the 85th percentile, 24-hour storm
-A
I
COASTAL DEVELOPMENT PERMIT
No. 5-01-376
Page 5 of 5
event for volume based BMPs, and/or f he 85th percentile, 1 -hour storm
event, with an appropriate safety factor, for flow -based BMPs.
3. All structural BMPs shall be monitored and maintained, as specified
by the manufacturer, to ensure maximum efficiency and effectiveness for
the lite of the development.
4. Provision of Trash Receptacles
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant
shall submit, for the review and approval of the Executive Director, an On -Site
Trash and Debris Management Plan. The Management Plan shall demonstrate the
methods employed to collect trash and debris generated by users of the proposed
boat hoists and boat dock. The plan shall include, but is not limited to, the
placement of water tight trash cans in a covered, enclosed area(s) readily
identifiable and accessible for use, as well as a schedule for regular collection. The
plan shall include textural discussion as well as graphic depiction (plan(s) and/or
maps, etc.) of all elements (including types and location of trash cans; types and
location of trash area covers and enclosures; and a sample of the signage to be
used to bring attention to the trash receptacle areas) of the plan.
The permittee shall undertake the development in accordance with the approved
plans. Any proposed changes to the approved plans shall be reported to the
Executive Director. No changes to the plans shall occur without a Coastal
Commission approved amendment to this coastal development unless the
Executive Director determines that no amendment is required.
MV
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EEL GHASS INSPECTION
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South Coast District Office
APPRO 6_) 14-7 6,
permitNo_
PLAN
By: ------------------------ SgMkl
EFFECTI-,.E
Date: ,// -----------
PACIFIC OCEAN
VICINITY MAP
NOT TO SCALE
EXISTING BAHIA CORINTHIAN
YACHT CLUB
T; T: T; T' T' T 'T 'T IT IT 'T I
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HARBOR RESOURCES DIV.
CITY OF NEWPORT BEACP
BAHIA CORINTHIAN
YACHT CLUB -7
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office
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DRAUNG INDEX
T-1 SITE PLAN & VICINITY MAP
S-1 GENERAL ARRANGEMENT PLAN
S-2 SECTION
6ENERAL NOTES
GENERAL
CAST -IN-PLACE CONCRETE
1. THE CONTRACTOR SFALL VERIFY ALL DIMENSIONS AND SITE
1. CONCRETE STRENGTH'
CONDITIONS BEFORE STARTING WORK. THE OWNER OR
A. NEW WALE AT WEST BULKHEAD:
ENGINEER SHALL BE NOTIFIED OF ANY DISCREPANCY.
CONTRACTOR SHAUL FURNISH: Vc = 3,500 psi
DESIGN BASED ON: Cc = 3,000 psi
2. OWNER AND ENGINEER SHALL NOT BE RESPONSIBLE FOR
EXPENSES INCURRED AS A RESULT OF FAILURE ON THE PART
B. NEW WALE AT SOUTH BULKHEAD:
OF THE CONTRACTOR TO VERIFY DIMENSIONS AND/OR
CONTRACTOR SHALL FURNISH: f'c = 3,000 psi
VERIFIABLE SITE CONDITIONS PRIOR TO BEGINNING WORK
DESIGN BASED ON Vc = 2.500 psi
THE OWNER AND ENGINEER SHALL SHALL BEAR NO
RESPONSIBILITY FOR FAILURE ON THE PART OF THE
C. NEW CAISSONS AT SOUTH BULKHEAD:
CONTRACTOR TO COORDINATE ACITATIES OF CONTRACTOR S
CONTRACTOR SHALL FURNISH: f'c = 3,000 psi
EMPLOYEES OR SUBCONTRACTORS.
DESIGN BASED ON Vc = 2,500 psi
3. NOTES AND DETAILS ON DRAWINGS SHALL TAKE PRECEDENCE
D. WATER -CEMENT RATIO SHALL NOT EXCEED 0.40 BY
OVER THESE GENERAL NOTES.
WEIGHT, UNLESS OTHERWISE APPROVED BY THE
ENGINEER . MINIMUM CEMENT CONTENT, REGARDLESS OF
4. DIMENSIONS TAKE PRECEDENCE OVER SCALE.
DESIGN STRENGTH. SHALL BE 594 POUNDS (6 SACKS)
PER CUBIC YARD.
5. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO
LOCATE ALL EXISTING UTILITIES WHETHER SHOWN HEREON
2. MATERIALS
OR NOT AND TO PROTECT THEM FROM DAMAGE . THE
CONTRACTOR SHALL BEAR ALL EXPENSE OF REPAIR OR
A. CEMENT SHALL BE TYPE 11 LOW -ALKALI CONFORMING TO
REPLACEMENT IN CONJUNCTION WITH THE EXECUTION OF THIS
WORK.
6. ALL SALVAGEABLE ITEMS REMOVED AND NOT USED REMAIN
THE PROPERTY OF THE'6WNER.
7. ALL DEBRIS AND TRASH SHALL BE REMOVED FROM THE
SITE.
B. IF CONFLICTS APPEAR BETWEEN PLANS AND THESE GENERAL
NOTES. THE CONTRACTOR(S) SHALL ASK FOR DIRECTION
FROM THE OWNER OR ENGINEER.
9. ALL PLAN CHECK EXPENSES SHALL BE PAID FOR BY THE
CONTRACTOR.
10. CONSTRUCTION PERMIT SHALL BE OBTAINED AND PAID FOR
BY THE CONTRACTOR.
ll.ALL ELEVATIONS GIVEN ARE BASED ON MEAN LOWER LOW
WATER (MULW).
REGULATORY REQUIREMENTS
1. THE CONTRACTOR SHALL, AT ALL TIMES, COMPLY WITH ALL
OSHA AND STATE SAFETY ORDERS.
2. ALL MATERIALS AND WORK SHALL CONFORM TO EITHER:
A. THE UNIFORM BUILDING CODE (UBC) 1994 EDITION,
OR
B. REFERENCE SPECIFICATIONS (RS): 'STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
1994 EDITION.
DEFINITION OF TERM
1� REMOVE: SHALL MEAN TO DEMOLISH. TRANSPORT AND
DISPOSE OF AT CONTRACTOR'S EXPENSE.
2. REMOVE AND REINSTALL: SHALL MEAN TO REMOVE, PROTECT,
STORE, CLEAN AND REINSTALL IN GOOD CONDITION.
3. INSTALL: SHALL MEAN TO FURNISH THE ITEM SPECIFIED,
TRANSPORT TO THE SITE AND INSTALL IN ACCORDANCE
WITH THE MANUFACTURER'S RECOMMENDATIONS AND THESE
DRAWINGS.
4. SALVAGE: SHALUL MEAN TO DISASSEMBLE, SORT INTO LIKE
COMPONENTS. PACKAGE OR PALLETIZE INTO TRANSPORT-
ABLE UNITS AND TRANSPORT TO A SITE DESIGNATED BY
OWNER.
CONCRETE CORING
1. CORING OF EXISTING CONCRETE SHALL COMPLY WITH CAL -
OSHA. THE CONTRACTOR SHALL KEEP DUST TO A MINIMUM
AND SHALL BE RESPONSIBLE FOR DAMAGE TO, AND
REPLACEMENT OF. ADJACENT MATERIALS AND FINISHES.
2. THE CONTRACTOR SHALL PROVIDE AND PAY FOR ALL
CONSTRUCTION SURVEYING REQUIRED.
REFERENCE SPECIFICATION SECTION 201-1.2.1
B. REINFORCING BARS SHALL BE IN ACCORDANCE WITH
ASTM A-615. GRADE 60. ALL REINFORCING SHALL BE
EPDXY COATED IN ACCORDANCE WITH ASTM A-775.
C. ALL CONCRETE SHALL CONTAIN A WATER REDUCING
ADMIXTURE CONFORMING TO ASTM C-494, TYPE A,
EXCEPT IT SHALL CONTAIN NO CHLORIDES AND SHALL
BE NON-TOXIC AFTER 30 DAYS.
3. FORMWORK
A. FORMS SHALL BE CONSTRUCTED OF PLYWOOD, HARD
PLASTIC FINISHED PLYWOOD OR STEEL AND SHALL BE
IN ACCORDANCE WITH REFERENCE SPECIFICATION
SECTION 303-1 AND ACI 347.
3. FORM OIL SHALL BE NONSTAINING COLORLESS MINERAL
OIL, FREE FROM KEROSENE; FLASH POINT SHALL BE NOT
LESS THAN 30D DEGREES F.
4. CURING: CONCRETE PLACED ABOVE THE WATER SURFACE SHALL
BE CURED WITH A CURING COMPOUND, TYPE 1-D, CONFORMING TO
RS) SECT. 201-4 AND APPLIED IN 2 COATS IN ACCORDANCE WITH
RS) SECT. 303-1.10.
5. FINISH ALL CONCRETE EXPOSED TO MEW IN ACCORDANCE WITH
REFERENCE SPECIFICATION SUO-SECTION 303-1.9. SURFACE
FINISHES - "ORDINARY CONCRETE FINISH'. CLASS 1 AND 2 UNLESS
NOTED OTHERWISE ON THE PLANS.
METAL FASTENING
A- CONCRETE ANCHORS SHALL BE ITW RAMSET/REDHEAD
SELF DRILLING ANCHORS AS DESCRIBED IN I.C.B.O.
REPORT NO. 1372, JUNE, 1992� ALL ANCHOR BOLTS SHALL
CONFORM TO ASTM A.307 AND SHALL BE GALVANIZED.
EARTH ANCHOR
SEE DRAWING NO. S-6 FOR SPECIFICATIONS AND
INSTRUCTIONS.
PROTECTION OF EXISTING FEATURES
1. CONCRETE PAVING AND WALLS, ASPHALT PAVING AND
LANDSCAPING SHALL BE PROTECTED FROM DAMAGE BY
CONTRACTOR'S OPERATIONS. DAMAGED MATERIALS
SHALL BE RESTORED OR REPLACED.
2. FENCES AND HANDRAILS WHICH MUST BE REMOVED SHALL
BE RESTORED TO ORIGINAL CONDITION OR REPLACED.
T
CASH & ASSOCIATES
ENGINEERING AND ARCHITECTURE
(714) 895-2072
LNUINLLN
BAHIA CORINTHIAN YACHT CLUB
1601 BAYSIDE DRIVE, NEWPORT BEACH, CA. 92625
BOAT HOIST AND LAUNCH RAMP
SITE PLAN & VICINITY MAP
�ALNLOTED
DESIGNER ARC
CAD OPERATOR
PROJECT NUMBER
5751.00
NO.1 DATE I DESCRIPTION I BY
CHECKER
ARC
DRAWING NUMBER
T-1
REVISIONS
PROJECT MANAGER
RHM
PFnI Irrr) qPT - mnT Tn qrai P
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"I GRASS INSPECTION
NO EEL GRASS WITHIN 15'OF PROJECT
EEL GRASS IN THE PROJ
RECEI'VED ECTAREA
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South Coast Region
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CALIFORNIA
COASTAL COMMISSION
EXISTING
TIE -BACKS &
DEADMEN
NEW BOAT HOIST
PLATFORM
T T
T T T:
PROJECT
NONIH
SITE PLAN
SCALE 1"=30'
OOL
T;
V,
EXISTING BAHIA CORINTHIAN
YACHT CLUB
'T 'T 'r l�T �1__
I [I I IT. 11 11 1
7, ,
HARBrR RWOURCES DIV.
CITY OF NEWPOMT BEACH
QRAlj�INQ INDE
T -I SITE PLAN, V.Cl.41TYMAP AND NOTES
C-1 DRAINAGE PLAN
S-1 GENERAL ARRANGJENT PLAN
S-2 HCIST PLAi-ORM PLAN
S-3 PLATFORM U -TAILS
S-4 FENCE. GA7E. AND GUARDRAIL DETAILS
S-5 CHANCE ANCHOR NOTES
S-6 CHANCE ANCHOR DETAILS
E -I ELECTRICAL PLAN AND DETAIIS
I
GENERAL NOTES
QFNFRAI CAST-IN-PLAC� C014CRFT
1. THE CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND SIZE
CONDITIONS BE* FORE STARTING WORK. THE OWNER OR
ENGINEER SHALL BE NOTIFIED OF ANY DISCREPANCY.
2. OWNER AND ENGINEER SHALL NOT BE RESPONSIBLE FOR
EXPENSES INCURRED AS A RESULT OF FAILURE ON THE PART
OF 7HE CONTRACTOR TO VERIFY DIMENSIONS �.NO/DR
VERIFIABLE SITE CONDITIONS PRIOR TO BEGINNING WORK
THE OWNER AND ENGINEER SHALL SHALL BEAR NO
RESPONSIBILITY FOR FAILURE ON THE PART OF THE
CONTRACTOR TO COOROINAT�- ACTIVITIES OF CONTRACTOR'S
EMPLOYEES OR SUBCONTRACTORS.
3. NOTES AND DETAILS ON DRAWINGS SHALL TAKE PRECEDENCE
OVER THESE GENERAL NOTES,
4
. DIMENSIONS TAKE PRECEDENCE OVER SCALE.
5. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO
LOCATE ALL EXISTING UTILITIES, WHETHER OR NOT SHOWN
ON THESE DRAWINGS, AND TO PROTECT THEM FROM DAMAGE.
THE CONTRACTOR SHALL BEAR ALL EXPENSE OF REPAIR OR
REPLACEMENT IN CONJUNCTION WITH THE EXECUTION OF THIS
WORK.
6. ALL SALVAGEABLE ITEMS REMOVED AND Nor USED REMAIN
THE PROPERTY OF THE OWNER.
T ALL DEBRIS AND TRASH SHALL BE REMOVED FROM THE
SITE.
8. IF CONFLICTS APPEAR BETWEEN PLANS AND THESE GENERAL
NOTES. THE CONIRACTOR(S) SHALL ASK FOR DIRECTION
FROM THE OWNER OR ENGINEER.
9. ALL PLAN CHECK EXPENSES SHALL BE PAID BY THE
OWNER.
10. CONSTRUCTION PERMIT SHALL BE OBTAINED AND PAID FOR
BY THE CONTRACTOR.
II.ALL ELEVATIONS GIVEN ARE BASED ON MEAN LOWER LOW
WATER (MULW).
REGULATORY REQUIREMENTS
1. THE CONTRACTOR SHALL, AT ALL TIMES, COMPLY WITH ALL
OSHA AND STATE SAFETY ORDERS.
2. ALL MATERIALS AND WORK SHALL CONFORM TO EITHER:
A. THE UNIFORM BUILDING CODE (USC) 1997 EDITION.
OR
B. REFERENCE SPECIFICATIONS (RS): "STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION'
2000 EDITION.
DEFINITION OF TERM
1. REMOVE: SHALL MEAN TO DEMOLISH. TRANSPORT AND
DISPOSE OF AT CONTRACTOR'S EXPENSE.
2. REMOVE AND REINSTALL: SHALL MEAN TO REMOVE. PROTECT.
STORE, CLEAN AND REINSTALL IN GOOD CONDITION.
3. INSTALL: SHALL MEAN TO FURNISH THE ITEM SPrCIFlEO,
TRANSPORT TO THE SITE AND INSTALL IN ACCORDANCE
WITH THE MANUFACTURERS RECOMMENDATIONS AND THESE
DRAWINGS.
4. SALVAGE: SHALL MEAN TO DISASSEMBLE, SORT INTO LIKE
COMPONENTS, PACKAGE OR PALLETIZE INTO TRANSPORT -
AOL, UNITS AND TRANSPORT TO A SITE DESIGNATED By
OW�ER.
CONCRFTF CORIN
1. CORING OF EXISTING CONCRETE SHALL COMPLY WITH CAL -OSHA.
THE CONTRACTOR SHALL KEEP DUST TO A MINIMUM
AND SHALL BE RESPONSIBLE FOR DAMAGE TO, AND
REPLACEMENT OF. ADJACENT MATERIALS AND FINISHES.
2. THE CONTRACTOR SHALL PROVIDE AND PAY FOR ALL
1. NEW PLATFORM FOR BOAT HOISTS
CONTRACTOR SHALL FURNISH: Cc = 4.000 psi
DESIGN BASED ON: I'C = 3,000 psi
2. WATER-CEVENT RATIO SHALL NOT EXCEED 0.40 BY
WEIGHT, UNLESS OTHERWISE APPROVE -8 By THE
ENGINEER . MINIMUM CEMENT CONTENT. REGARDLESS OF
DESIGN STRENGTH, SHALL BE 594 POUNDS (6 SACKS)
PER CUBIC YARD.
3. CEMENT SHALL BE TYPE 11 LOW -ALKALI CONFORMING TO
REFERENCE SPECIFICATION SECTION 201-1.2.1
4. REINFORCING BARS SHALL BE IN ACCORDANCE WITH
ASN A-615, GRACE 60. ALL REINFORCING SHALL BE
EPDXY COATED IN ACCORDANCE WITH ASTM A-775.
REINFORCING BARS TO BE WELDED SHALL CONFORM TO
AST.M A-706.
5. ALL CONCRETE SHALL CONTAIN A WATER REDUCING
ADMIXTURE CONFORMING TO ASTM C-494, TYPE A.
EXCEPT IT SHALL CONTAIN NO CHLORIDES AND SHALL
BE NON-TOXIC AFTER 30 DAYS.
6. FORMS SHALL BE CONSTRUCTED OF PLYWOOD. HARD
PLASTIC FINISHED PLYWOOD OR STEEL AND SHALL BE
IN ACCORDANCE WITH REFERENCE SPECIFICATION
SECTION 303-1 AND ACT 347.
7. FORM OIL SHALL BE NONSTAINING COLORLESS MINERAL
OIL. FREE FROM KEROSENE; FLASH POINT SHALL BE NOT
LESS THAN 300 DEGREES F.
8. CURING: CONCRETE PLACED ABOVE THE WATER SURFACE SHALL
BE CURED WITH A CURING COMPOUND. TYPE 1-0, CONFORMING TO
RS) SECT. 201-4 AND APPLIED IN 2 COATS IN ACCORDANCE WITH
RS) SECT. 303-1.10.
9. FINISH ALL CONCRETE EXPOSED TO VIEW IN ACCORDANCE WITH
REFERENCE SPECIFICATION SUB -SECTION 303-1.9. SURFACE
FINISHES - 'ORDINARY CONCRETE FINISH'. CLASS I AND 2 UNLESS
NOTED OTHERWISE ON THE PLANS.
METAL FASTENLNU
1. CONCRETE ANCHORS SHALL BE ITW RAMSET/.REDHEAD
SELF DRILLING ANCHORS AS DESCRIBED IN I.C.6.0.
REPORT NO. 1372. MARCH 2000. ALL ANCHOR SOLIS SHALL
CONFORM TO ASTM A307 AND SHALL BE GALVANIZED.
EARTH ANCHORS
SEE DRAWING NO. S-5 & S-6 FOR DETAILS AND SPECIFICATIONS.
PROTECTION OF EXISTING FEATURE
CONCRETE PAVING. ASPHALT PAVING, WALLS, LANDSCAPING
AND BURIED UTILITIES SHALL BE PROTECTED FROM DAMAGE
BY CONTRACTORS OPERATIONS. DAMAGED MATERIALS SHALL
BE RESTORED OR REPLACED.
FENCES, CATES, AND GUARDRAIL
SEE DRAWING 5-4 FOR DETAILS AND SPECIFICATIONS.
REFERENCE FIENCHMAR
ORANGE COUNTY SUPEY. ENCHMARK 3K-288-68,
ELEVATIONS SHI ?(lam2oa§NvcomjWssiOn
STEEE PIPF E&USouth Coast District office
AYMOVED� ft
FOR STEEL PIPE Plvekwj,�6v C �� I G
RA4W (SJ2.
By: - - -
7 n_l/ I
CONSTRUCTION SURVEYING REQUIRED. EFFECTIVE
CASH & ASSOCIATES
ENGINEERING AND ARCHITECTURE
(714) 895- 2072
R ARC
EIAHIA CORINTHIAN YACP-T'r-r
1601 SAYSIDE DRIVE, NEWPORT BEACH, CA. 92625
�CALLE
DESIGNER OLD
PROJECT NUMBER
5751.00
GAG OPERATOR
BOAT HOIST
SITE PLAN, VICINITY MAP AND NOTES
A )3/28/0 SUBMIT TO CUENT RHM
CHICKER ARC
AWNG NUMBER
DR T- 1
NO. DATE DESCRIPTION BY
REVISIONS
PROJECT MANAGER RHV
REOUCED SET - NOT TO SCALE
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PLAN OF DRAINAGE FOR WASHDOWN WATER
RISR SECTIONS
'V R! - A -.FORM SLA��
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............... -----------
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... . .. .. ...
-------------- - .. ....... .
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PLAN OF DRAINAGE FOR WASHDOWN WATER
RISR SECTIONS
R:M
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R --F: COS TtCHNOLOCIES
3950 Long go.�H 91 d.
Long aeocn. CA 908;7
lei. 562-424-6334
DETAILS OF CDS MODEL PMIU20-15
R E V1 31 ON S
-N-W DRAINAGE SLAB 1/8" WJOE x j 114" 0HP SA�S
CUT JO -W. FIL- 'NIT.H -CINT
FILLER
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COWROL JOINT MUST ;3 --
MADE WIT -IN 21 HCURS OF
POURING CONCR-Tt
CRACK CONTROL JOINT (CCJ)
SCAI -: NJ.S.
u— . u u I
P LA IN
EXPANSION JOINT (Fj-1)
JOINT SEALANT,
NEW PRANAGE
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jCINI VAr-RTAL
C !8" C.C. E.W. — -SMOCTI-i 3/4 �2- DOWEL, V
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CASH & ASSOCIATES
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ARC BAHIA CORINTHIAN YACHT
--LO i6O� SAYS�OE DRIVE. NEWPORT BEAC�. CA,
CRIS E30AT HOIST
ARC
DRAINAGE PLAN
As NOVw- Z-4�1
5 7 1.00
C -
SMO07P 3/4 �21" DOWE!
GREASr' OR GRAP�T-
CCA7z'D ON cNF -.ND
ON!
�4
�()7E APPU--S 70
-j �-'-2. EJ -3.
allfornia Coastal Conunission
Sau h Coast District office
7
---------
EXPANSION
J011AL
\0-. TO SCALE
EFFECrIVE 0.
ARC BAHIA CORINTHIAN YACHT
--LO i6O� SAYS�OE DRIVE. NEWPORT BEAC�. CA,
CRIS E30AT HOIST
ARC
DRAINAGE PLAN
As NOVw- Z-4�1
5 7 1.00
C -
ELECTRICAL SPFCIFICATIONq
1. ALL WORK MALL SHE IN FULL COWITI VI WAL
CODES. CYI CONDMONS MIT OMSTUN I �T TO INS SECTION.
2. ME CORMAI � ANI AND PAY FOR U PEWS MOIN ANY
MSPECON4 RE"ID) E, OPEC& .140MITIES.
3. 1 CONTRACTOR SNAl DO &L CUTTING .0 PANXIING OF EXISTING
CONVII YTI WAY SE REQUIRED FOR ME NSFAUIXXVI 7
", NE), ELECTRICAL WORK.
4. ME CONTRACTOR SMALL A SOLELY MD COMPI-EFFELY REFFOXSELE
FOR CONDITION OF PI ON WON ME WORK IS PERFORM MD
FOR S� a ALL PERSONS AND PROP59I)f ON ME SIR DURK
OF ME co"TROT.
S. CONDUU SIiX_L COWRY ON ME RECURRIJEW OF J.L CONTRA
SKYLL. BE PRO, STANDARD WEIGIN CALVARIZED STEEL COI
F'c SCRI Q CONW; SNAUL SE USED FOR 41 URDERCROUND
II PROVIDE MC COATED ELB(Cir AND FIRST AS REGUIRGO.
6. CONTORT SHAUL 9 SUPPORTED AND SUCED KIP CCOE.
7. NW(.W9ALLC BUSHING OR INSTLANED YETAILIC BUMING SAUL SE
USED FOR � CONTI TERUMNOX5.
8. CCTDUCFORS SKI BE ME 'MW' 75 TRENDS C. OR OFFE 'ThNNI
NO THEORIES C. foo `DLt INSULATCH CORI CONDUCTORS.
9. CROUNIONG SHAT -1. BE EXECUTED IN ACCEPTANCE RUN CCXDS�
10. PMELBOARD 9141 BE IWEATTERPIDERF FOR SURFACE REUNITING 4
.DCYGD OR ME DRAWNCS CCI AMl ITTERWAI WAINETIC
CIRCUIT ORTAxERS. BUSSES, HI OCCONABLE COUP. END. 6
REOURED. ALL BREXCIRS SHNIL PAYS WRYLY FILL TWICE
INCERFUNING WAICY' OF 10,000 MKIRES FEW 170/2011
V).r WMELS. SUB SHAUL BE STAKS) FOR Y;mVIjW W.ODS UVENGS
MI. PROVIDE IME -UT INGRAM RANIERI FOR ME
PANEU INCIDurm; PMEL I AND W)_T� MO INNI PME.
BOOKS SHAUL BE DOUFFED RUN CROUND END ATTACNIO 10 ME
NONNI o' ME ENCLOSURE.
1% ALL WOR( SI DE CLAVU0110ED BY ME CONTRACTOR FOR A PERIOD
OF' WE YEART GREW ME DATE OP' ACCEPTAUTC& � ME PlCFX BY ME
OPMER. ARY ONDUSLE OCALOPCO OURONG TPITS KNOTT WE TO FAULTY
MITERK OR FOFKW,VFPl. SKA1 K CONNECTED IN ME
CONTRUCIOR WITHOUT ARY COD To NO MEN.
12, ALL "ASES Of AVY, SMALL K SCHEDULED to XEEP SNUT TOWN mo
CUT MR TRUE TO A WRYLY, ALL SUCTI SHUT " OF ME
ELECTRICA SYDNEY PRIPCH POLL INTERRUPT ME SERVES TO DSW
FACILITIES SNAG. BE TRY-ARPROCIED PONT ME OWNER IN ACNANCE.
REVISIONS
NOTES:
0
CRUSHED FOCK WE OF 6' HIGH AND EXTENDED 6'
PRIMARY SEWCE
SECOND FULL BOX WE ALL AROUND.
G)
POOR " CONTACTS PQ AROUND PULL BOX TO
YOUNT HAITI
PREVENT SWING BELOW DRAGS.
EXISI UN SWITCHBOARD
PULL BOX COVER MALL BE CHRSTY TYPE FECRURE
1201 30. 4*
OR EXIAL BY COUNSEL
LABEL COVER 'EUECCRV
UNDERGROUND PULL BOX DEAL
Not 10 �
STUB CONDUIT UP WITH PVC COATED CBS EL80W ANNO
RISER OUTSIDE OF CRANE BASE PLATE. PRDADE W.P
CAST BDI CROUSE -RINGS JFOS212. AND CONNECT TO
CRANE DISCONNECT SWITCH AND FLOODLIGHT SWITCH
WITH SEALGI FLEXIBLE CONDUIT AS REQUIRED.
VERN EXACT LOCATION, TYPICAL. FOR NO. �
EXISPING 2-1/2- POWER AND 1 -1/2 -
TELEPHONE CONDUITS, APPROXIMATE 3*
BELOW GRAUDE. SHALL NOT BE
015MRIBED. VERN EXACT LOCATFICIN IN
rIELD.
EXIST. POWER COMPI
PAT)-XCUNr PRANSF.
NEW N.P. PANEL '.-A A INTED
ON RE BAD� SIDE OF
EXIST. EL NOE.
(2) �j 12.2112.1112G.3/4'C.
(2) 2'- 0
EXIST ' W WAR SW9D
L__ — __4
PROVIDE 17xJD PI
CONCRETE POLL BOX WITH
TRAFFIC COVER SEE
DETAL THIS SNEET�
3jI2.2j:2,I)I2G.3/4_C._/ 3112.2W.111213.3/4 -C.
EXIST HOIST
PON.
41'-O"xl7'-6"
PLATFOR.M
ELECTRICAL PLAN — 41'xl7'-6" HOIST PLATFORM
SCALS: I /a. = 11-0.
BFLMCTR�KK YE14GUEERS
CASH & ASSOCIATES
ENGINEERING AND ARCHITECTURE
(714) 895- 2072
EXIST. WALL
SINGLE LINE DIAGRA
BAHIA CORINTHIAN YACHT CLUB
1601 BAYSIDE DRIVE. NEWPORT BEACH, CA. 92625
JR�
E30AT HOIST AND LAUNCH RAMP
_TA LS
ELECTRICAL PLAN AND DEIA
PROJECT II
57 1
WIN C; IN um 9 SIR
E-1
DIST. PICNER SO,
PRIMARY SEWCE
PCI co. PI
YOUNT HAITI
EXISI UN SWITCHBOARD
1201 30. 4*
F
DST F
I
COCA Bus
SOOI
r
3,
L
SEA ;SDA
3P
PRINCE NOW DR.
OF SAYS ME mg
P
PITON NO WATCH EX.
sIm
NEXT WP PMEL 'KA'
1201 �. 4W
P.C. w42.00CA. Dry.
EXIST. oOCX
DIST. COOK 20A
RECIT LOAD
RECPr. LOAD
3P
PRNAADE 20 SINGLE
242 7A
117 CA
I
-
r
- __rJI BUSSED SP�ES
TOTAL CONNECTED
3HP JHP HOIST HOIST
LOAD � 384.7A
HCISf HOIST FLOUT HURT
12��
88WW OR 25A
SINGLE LINE DIAGRA
BAHIA CORINTHIAN YACHT CLUB
1601 BAYSIDE DRIVE. NEWPORT BEACH, CA. 92625
JR�
E30AT HOIST AND LAUNCH RAMP
_TA LS
ELECTRICAL PLAN AND DEIA
PROJECT II
57 1
WIN C; IN um 9 SIR
E-1
DREDGING PERMIT
Harbor Resources Division
Address:
Pier Permit #: C)
Action Status
Application Received
Date:
Eelgrass Inspection
Eelgrass
No
Date:
Present
Ye
H. R. Approval to
Comments-
Completed
Submit to Agencies
o
Date:
6/ldoy
Sent to Corps/Costal
Date: b
Yes
No
OK from Corps
Yes
No
OK from Coastal
H. R.
Date:
Dredging Approval
Initials:
Completion Report
Date:
Received
Comments: ()Cr) ; e d 6 �� C47C4 5- �4 1 '41- (0 rr �
Page 2
Dredging Application
1, Gordon M. Boivin, (Applicant's agent), hereby certify that I have
read the U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal
Commission permit #5-99-282 for maintenance dredging in Newport Harbor and that I
will comply with all of the conditions of those permits. I will further hold the City harmless
from and indemnify them against any claim for damages arising out of the exercise of
these permits. In addition, 1, as the applicant shall reimburse the City of Newport Beach
for all attorneys'fees and other costs expended by them in defending any claim, lawsuit,
or judgment arising out of the activities of the applicant carried on under the authority of
such permit.
Gordon M.Boivin, Mud Doctor, LLC
Applicant - Agent
- 9-L- -------------- --
Conra or -Please rint
February 05, 2005
Date
L
i�16nature - Applicant/Agent
Attachment I
Method of Dredging
Using Standard OSHA and ADC approved commercial diving
methods and equipment a diver using a fixed grid frame working
on the bottom is in absolute control of what and where bottom
material is removed.
A fixed grid referred to as a "diver crib" is constructed and placed
on the bottom. This "crib" is lightly constructed from PVC pipe
and mesh. It is fixed to the bottom by stakes and is located
according to the phase I survey 18 feet from any existing eelgrass.
It will be no longer than 75% of the slip length 3 feet in width and
stand 2 feet off the bottom. (As depicted in the survey permits plot
plans.)
Using a 4 -inch hand -lifting nozzle the diver will. work inside the
crib to remove approximately 3 feet of material depth.
Minimal bottom disturbance should occur;
• Use of suction lifting techniques will eliminate any
plume as in any digging method digging
• The bottom area impacted is directly controlled inside
of the crib
• The diver activity is controlled by being inside of the
crib
• The mesh walls control the potential for sediment to
drift outside of the crib.
Attachment 2
Material Disposition
Mud Doctors divers will treat all bottom material regardless of test
results as a hazardous material. In a contracted partnership* with
an environmental land based waste hauler, all material will be
pumped on land into a phase separator. All recovered solid
material will than be hauled overland and disposed of in an
appropriate landfill.
Bottom material at all work sites are randomly sampled and tested
for the State of California identified hazardous metals, chemicals
etc. The environmental hauling firm will through their tests
determine the final disposition of all bottom materials. No solids
are being reintroduced to the harbor.
All water handled in this process will be filtered and returned to
the harbor. The total Nephelometric turbidity units will be
determined and set by the permit issuer and will be held to by Mild
Doctors and their sub -contractor. Every precaution will be taken
to ensure that no discharge of either up bound solids and liquids or
outbound liquids occur.
The only diversion from this process will be based on input from
either the City of Newport or the permit issuer. Where in some
cases in may be prudent and appropriate to use the material in local
beach reclamation. BCYC is not one of these cases.
Envent Corporation
Remediation Systems
On-site Water & Wastewater Treatment
2398 California Ave.
Signal Hill, CA 90755
Long Beach, CA
Bahia Corinthian Yacht Club
Eelgrass Survey Reporting Form
(Version 1.0, June 20, 2003)
This form is required to be submitted for any surveys conducted for the eelgrass, Zostera
n7arina, that are required to be conducted under federal or state permits and
authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission.
The form has been designed to assist in identifying eelgrass while ensuring that the
required information is consistently documented. Surveys required to be conducted for
this species are subject to modification through publication of revisions to the eelgrass
survey policy. It is incumbent upon the authorized permittee to ensure that survey work
is following the latest protocols. For further information on these protocols, please
contact: Robert Hoffman, National Marine Fisheries Service, (562) 980-4043, or
William Pazrokas, California Department of Fish & Game, (858) 467-4218.
* Required Information
Site Name:
a Bahia Corinthian Yacht Club
(common reference)
1601 Clubhouse Drive, Corona del Mar, CA 92625
Survey Contact:
0 Rick Ware (949) 412 9446
(name, phone, e-niail)
* rware.crm@earthlink.net
Permit Reference:
Pending
(ACOE Permit No.,
CCC Permit No.)
Hydrographic System:
Developed Small Boat Harbor
(bay, estuary, lagoon, or
harbor)
Specific Location:
33- 36.38'N, 117 � 53.13'W (southern limit of survey area)
(UTM, Lat./Long., datum,
330 36.45'N, 117' 53.18'W (northern limit of survey area
accuracy level, attach
electronic survey area map
if possible)
Was Eelgrass Detected:
X Yes' Eelgrass was found at this site.
See attached figure to illustrate where eelgrass was
located. No eelgrass was found within any of the 19
proposed dredge sites. Extremely small eelgrass patches
were found within 15 feet of three of the nineteen sites.
The sizes of the patches located within 15 ft of the three
dredge Sites included:
• Three, 3.2 sq ft patches within 15 ft of Slip Elb
• Three, 3, 1 sq ft patches within 15 ft of Slip D2
• One, I sq ft patch within 15 ft of Slip A2b
Description of
Permitted Work:
(describe briefly the work to
be conducted at the site
under the permits identified
above)
* Hydraulic hand -dredging of 19 individual boat slips
within the marina basin by Mud Doctors, LLC to ensure
the accuracy of material removal. A diver using ADC
approved diving systems using a 4 — 6 inch lifting nozzle
will be positioned in the slip. The diver's position and
work area is fixed in the slip inside of a "crib" ensuring
that only the identified material will be affected. The
bottom material is removed to a land based mobile holding
and filtering system. This system will remove solids and
return clarified water back to the harbor. The solids will
than be moved to an appropriate land fill site.
Description of Site:
Depth range:
Water depths ranged between
(describe the physical and
approximately -4.0 to —8 feet MLLW
biological conditions within
the survey area at the time
of the survey and provide
Substrate
Sediments were fine silts.
insight into variability, if
type:
known. Please provide units
for all numerical
—fe—mperature.
information.
65 degrees Fahrenheit.
Salinity:
Salinity is variable, from 20 to 35 ppt,
depending on depth and the time of
year.
Dominant
Donimant flora: Minimal eelgrass—,
flora:
bottom algae, or other flora were
present
—No—minant
fauna:
The round sting ray (Urolophus halleri
and topsmelt (Atherinops affinis) were
the only fishes observed. The tube
anemone Pachycerianthus fimbriatus
was also observed.
Exotic
No exotics were present.
species
encountered:
—site
Other
description
notes:
Description of Survey
Survu-date
arch 4th, 2005, between 1000 and
Effort:
and time
1330 hrs
(please describe the surveys
period:
conducted including type of
survey (SCUBA, remote
Horizontal
Water visibility ranged from 3 to 6 feet
video, etc.) and survey
methods employed, date of
visibility in
on each side of the center line of the
work, and survey density
water:
diver.
(estimated percentage of the
bottom actually viewed).
Survey type
Each of the 19 slips proposed for
Describe any limitations
and methods:
dredging was individually surveyed by
encountered during the
a SCUBA -diving biologist. Within each
survey efforts.
slip, five underwater transects were
swam length -wise and included a 15 ft
buffer area on all sides of the proposed
dredging activity. Biologists observed
bottom types, and the presence/absence
of flora and fauna, including eelgrass
and Caulerpa taxifolia
Survey
The survey was conducted by Mr. Rick
personnel:
Ware, Senior Marine Biologist and Mr.
Stephen Whitaker, Senior Marine
Technician of Coastal Resources
Management.
Survey
Five transects were swam within each
density:
individual boat slip, encompassing the
entire length and width of the slip, plus
a 15 ft buffer zone around the dredge
area. Each area was approximately 60 ft
long and 45 ft wide (2,700 sq ft), and
95% of the bottom habitat in each slip
was observed. A total of 19 slips were
surveyed. The total area within these
shps was 51,3 00 sq ft Q. 17 acres)
Survey
none
limitations:
Other Information:
(use this space to provide
any additional information
or references to attached
materials such as maps,
r�ports' etc.)
Eelgrass Survey Reporting Form (version 1.0, 6/20/03)
I
Aw
. ri
F7, al
all t
Ir
ED
/LAk
ASSOCUTEDLABOR4TOWES
806 North Batavia. Oraage� rafiformla 92848 - 7.14177J-6960
CLIENT Coastal Reseurm maualicnicst
Attn: RickWare
PM9 327, 334 E. Coast Hwy.
Corona Dul Mar, CA 92625
PROJECT
Ballia Corint'lliall Yacht Club
suBmrmlt
Client
COMMENTS
The over 2000 raicron portion contains shells.
LAMP1,11, 10-%&Pktk�
F,4x 7141538-1209
LAB REQUEST
149184
REPORTED
05/03/05
RECEIVED
04/10105
99.46
-SAMPLE ID 13-C Dock.,
Size, Microns
Weight, am
%TDry Basis
Orcater Than 2000
0-9
3.00
Sand
2000 - 615
8.5270
28.42
Sill
62.5-3.9
18.455
61.51
Clay
<3.9
1.66
5.53
99.46
-SAMPLE ID 13-C Dock.,
97.33
Cont'. On Page 2
Size, Mi Mons
Weight, am
%, Dry Basis
Gmater Than 2000
0
0.00
Sand
200D - 62.5
14,036
38.19
sill
62.5-3.9
19595
53.29
Clay
<3.9
2.16
5.88
97.33
Cont'. On Page 2
LR149194 - Pagc2
I "1 10 .-M-1. JIL
size, micrulug
weiltia,
Dry Basis
Greater Tluiti 2000
a
0100
3ucl 2000-62.5
3.265
12.40
Silt 62.5 - J.9
19.625
74.50
Clay <3.9
1.31
6.88
93,84
SAMPLE (D F -Dock 0:
Size, Microm
Weigbt, Ms
Dry Basis
%, Dry Basis
0.30
�'and
S 2000 - 62.5
Z9856
9,03
sill 62.5 - 3.9
27.34
82.67
Clay <3.9
2.265
685
98.85
J97AG
Sixc, Microng
Weighl, Was
%, Dry Basis
-�Ie 7' 000
C Grewer Than 2000
0.35
Sand
A
20 00 - 62.5
53421.
18.72
EA
"ill
02.5 - 19
'2 5
2
19.44
68.12
17
Clay
<319
.915
915
— —2
1 ()21
10.21
J97AG
LEASE
THIS LEASE, made this 7" day of May, 1998, by and between the City of
Newport, a municipal corporation, and Charter City, hereinafter, "Lessor" and the Bahia
Corinthian Yacht Club, a California, non-profit Corporation, hereinafter, "Lessee", is made
with reference to the following recitals:
RECITALS
A. Under the provisions of the Beacon Bay Bill (Chapter 740 of the Statues of 1978),
Lessor is the grantee of certain harbor tidelands, located in the City of Newport
Beach,.,County of Orange, ("Tidelands GFant");
B. Lessee currently operates a marina in and over a portion of those tidelands under
Harbor Permit 0101-1801 -1;
C. Harbor Permit 0101-1801-1 is issued to California Recreation, a dba of The Irvine
company, the owner of the upland property adjacent to the tidelands;
D. Lessee has acquired the upland property adjacent to the tidelands;
E. The parties desire to enter into a long-term lease in lieu of a City Harbor Permit,
and
F. The Marina use to be made of these tidelands, and the terms and conditions in this
lease are consistent with the provisions of the City Charter and Ordinances of
Lessor, and are consistent with the provisions of the Tideland's Grant; and
G. . Lessor and Lessee entered into that certain Option Agreement for the Lease of
Rea( Property dated as of October 4, 1995 (the "Option Agreement") granting
Lessee the right to enter into a lease for the premises on the terms and conditions
set forth herein. Lessee has duly exercised such option, all conditions precedent
to such exercise have been satisfied, and there exists no event of default by
Lessee under the Option Agreement as of the date of the exercise of the option by
Lessee or the date hereof.
NOW THEREFORE, THE PARTIES AGREE:
1 . LEASED PREMISES
In consideration of the rent to be paid and the covenants and conditions to be
observed and performed by Lessee, Lessor leases to the Lessee those tidelands
described in Exhibit "A"and depicted on the map attached, as Exhibit "B" (the "Premises").
Lessor reserves all oil, oil rights, gas, minerals, mineral rights, natural gas rights and other
hydrocarbon substances in and under the Premises and the right to grant and transfer the
same, together with all necessary and convenient rights to explore for, develop, produce
and extract and take the same, subject to the express limitation that any and all
operations for the exploration, development, production, extraction and taking of any such
substance shall be carried on at levels below the depth of five hundred feet (500') from
the surface
of the land
by means of wells,
derricks and
other equipment from surface
locations on
adjoining
or neighboring land,
and subject
further to all restrictions and
regulations concerning the drilling for, and production of, oil, gas, minerals, petroleum and,
other hydrocarbon substances specified in the Newport Beach City Charter or the
Newport Beach Municipal Code.
2
2, TERM
The Term shall commence on the date first written above, and shall expire upon
the thirty-fifth (35) anniversary thereof (the "Expiration Date"), unless sooner terminated
as provided in this Agreement.
3. QUIET POSSESSION
So long as no default by Lessee has occurred under this Lease, Lessee shall
peaceably and quietly use and enjoy the Premises for the Term, without hindrance or
interruption by Lessor or any other person or persons claiming by, through or under
Lessor. Lessor shall in no event be liable in'damages or otherwise, nor shall Lessee be
released from any obligations hereunder, because of the interruption or termination of any
service provided by the Lessor (such as, water or sewer service), or a termination,
interruption or disturbance of any service attributable to any act or neglect of Lessor or its
servants, agents, employees, licensees, business invitees, or any person claiming by,
through or under Lessee.
4. IMPROVEMENTS TO LEASED PREMISES
Lessor and Lessee acknowledge that Lessee has constructed major
improvements on and adjacent to the Premises. These improvements include, but are
not necessarily limited to, bulkheads, piers, docks, floats and related improvements which
comprise a marina consisting of 2,504 lineal feet of slips for docking of boats, (collectively,
the "Marina improvements") as shown on Exhibit "B." Of the 2,504 lineal feet of slips for
docking boats, 2,079 lineal feet of such slips are located on State Tidelands, which are
'91
necessary repairs to the Premises, and perform any work therein:
(i) Which may be necessary to comply with any laws, ordinances, rules
or regulations of any public entity;
(ii) That Lessor is obligated to make, under the terms of this Lease; or
(iii) That the Lessor may deem necessary to prevent waste or
deterioration of the Premises, if the Lessee does not make or cause
such work to be performed promptly and diligently after receipt of
written demand, therefore from the Lessor. Nothing herein
contained shall apply any duty on the part of the Lessor to do any
work which the Lessee may be required to do, nor shall it constitute
a waiver of Lessee's default. No exercise by the Lessor of any rights
reserved, shall entitle the Lessee to any damage for any injury or
inconvenience occasioned thereby, or to any abatement of rent,
however, such repairs once commenced, shall be completed in a
timely manner. In the event that Lessor makes, or causes to be
made, any repairs, within the Term of this Lease that is Lessee's
obligation to make, Lessee shall upon demand, pay to the Lessor the
cost of such repairs, which amounts shall be due and payable upon
demand and shall bear interest from the date of demand, until totally
paid at the rate of nine percent (9%) per annum.
n.
9. USE OF THE PREMISES
During the Term of this Lease, Lessee shall use and occupy the Premises,
principally for the operation of a marina. The marina use shall be limited to the rental of
boat slips, dock lockers, dry storage and related uses, Lessee shall not commit or permit
the commission by others of any waste on the Premises. Lessee shall not maintain any
nuisance, as defined in Section 3479 of the California Civil Code on the leased Premises.
Lessee shall not unreasonably interfere with the rights of other harbor permittees or
nearby residents, and Lessee shall not use or permit the use of the Premises for any
unlawful purpose, or in violation of any provisio'n of law.
10. oOTILITIES
Lessee shall be solely responsible for obtaining and shall promptly pay for all
water, power, sewer, and other utility services provided to the Premises.
11. RIGHT TO ENTER
Lessor expressly reserves the right to enter the Premises and all improvements for
any purpose associated with this Lease or for carrying out any function required by law, or
the rules, regulations or management policies of Lessor. Lessor shall have a right of
I
reasonable access to the Premises across Lessee owned or occupied lands adjacent to
the Premises for any purpose associated with this Lease.
12. RULES, REGULATIONS AND TAXES
(a) Lessee shall comply with and be bound by all presently existing or
subsequently enacted policies, regulations, statutes or ordinances of Lessor, including,
VA
but not limited to, rules and regulations prescribed under Council Policy H-1 (Harbor
Permit Policies), or any other government agency or entity having lawful authority and
jurisdiction.
(b) Lessee understands and agrees that a necessary condition for the granting
and continued existence of this Lease is that Lessee obtain and maintain all permits or
other entitlements.
(c) During the Term of this lease, Lessee shall pay, prior to delinquency, any
and all taxes assessed against Lessee's possessory interest under this Lease and all
other taxes, assessments, user fees or service charges imposed on or associated with
the lea sehold'� interest, or personal property or improvements on the Premises, and such
payment shall not reduce rent due Lessor under this Lease, and Lessor shall have no
liability for such payment,
13, ENVIRONMENTAL REQUIREMENTS
(a) Lessee shall practice conservation of water, energy, and other natural
resources and shall prevent pollution and harm to the environment. Lessee shall not
violate any law or regulation whose purpose is to conserve resources or to protect the
I
environment.
(b) Lessee shall not use, nor permit the use of, any hazardous wastes or
materials in the construction, reconstruction or renovations of or use of the marina
improvements in violation of any applicable law, regulation, code or ordinance. Lessee
shall, at its expense, comply, and cause each of its members, licensees and/or
1.1
concessionaires of space in the marina or elsewhere adjacent to the Premises to comply
with all applicable laws, regulations, codes and ordinances relating to any hazardous
regulated material, including obtaining and filing all applicable notices, permits, licenses
and similar authorizations. Lessee shall be fully responsible to clean up any hazardous
wastes, substances or materials as may be required under Federal, State or local law,
regulation, code or ordinance that are manufactured, generated, used, placed, disposed,
stored, or transported on the Premises by Lessee, its members, licensees and
concessionaires during the Lease Term and shall comply with and be bound by all
applicable provisions of such Federal, State,or local law, regulation, code or ordinance
dealing with §6ch wastes, substances or materials. Lessee shall notify Lessor and the
appropriate governmental emergency response agency(les) immediately in the event of
any release or threatened release of any such wastes, substances or materials.
14. INDEMNITY
(a) Lessee agrees to defend, indemnify, protect and hold Lessor harmless from
and against any and all liability, claims, damages, penalties, actions, demands or
expenses of any kind or nature, including damage to any property and injury (including
death) to any person (collectively, "Claims"), arising from Lessee's use or occupation of
the Premises of from any activity, work or things done, permitted or suffered by Lessee,
or from any activity, work or things done, permitted or suffered by Lessee or any omission
of Lessee on or about the Premises or from any litigation concerning any of the foregoing
in which Lessor is made a party Defendant. Lessee shall not be required hereunder to
60
defend, indemnify or hold Landlord or any other person or entity indemnified under this
Section harmless from or against any of the Claims to the extent such Claim arises solely
out of the negligence or willful misconduct of Lessor. This obligation to indemnify shall
include reasonable attorneys' fees and investigation costs and all other reasonable costs,
expenses and liabilities incurred by Lessor or its counsel from the first notice that any
claim or demand is to be made or may be made.
(b) Upon receiving knowledge of any Claim that Lessor believes is covered by
this indemnity, Lessor shall give Lessee notice of the matter and an opportun4 to defend
it, at Lessee's -sole cost and expense, with legil counsel satisfactory to Lessor in its sole
1� 1.
and absolute4scretion. Lessor may also require Lessee to so defend the matter. So
long as Lessee shall be defending any such Claim, Lessor shall not settle such claim
without, the consent of Lessee.
(c) Lessee shall notify Lessor immediately in case of any accident, injury or
casualty on the Premises.
15. INSURANCE
(a) Lessee shall obtain and maintain in full force and effect during the Term of
I
this Lease, comprehensive general liability insurance and property damage insurance,
with such coverage and limits as may be reasonably requested by the Lessor from time to
time, but in no event for less than the sum(s) specified below, insuring Lessee and Lessor
against any and all claims or liability arising out of the ownership, use, occupancy,
condition or maintenance of the Premises and all improvements.
10
(i) Comprehensive General Liability Insurance. Lessee shall maintain
Comprehensive General Liability Insurance with a combined single
limit for bodily injury and property damages of Two Million Dollars
($2,000,000), (which amount shall be subject to periodic adjustment
as may be determined by Lessor upon one hundred eighty days
(180) prior notice. The limits of liability of the insurance coverage
specified in this paragraph may be provided by any combination of
primary and excess liability insurance policies.
Property Insurance -Construction. During construction of any
improvements on the Premises, Lessee shall maintain builder's risk
insurance against "all risk" or physical loss, including without
limitation the perils of flood, collapse and transit, with deductibles
acceptable to Lessor, covering the total cost of work performed,
equipment, supplies and materials furnished on a replacement cost
basis. Lessee shall be permitted to obtain and maintain flood
insurance in such amounts and forms as are available, from time to
time, under National Flood Insurance Program.
(iii) Property insurance. Lessee shall obtain insurance on the marina
improvements and shall maintain insurance continuously during the
Term, against "all risk" perils of physical loss, including, but not
limited to, flood, fire, lightning, riot and civil commotion, vandalism
11
and malicious mischief. Such insurance shall be in amounts not less
than the then full replacement cost of the marina improvements,
without deduction for depreciation. Such policies of insurance shall
contain the "Replacement Cost Endorsement." Such full
replacement cost shall pertain to the Project and Furnishings and be
determined not less often than each two (2) years during the Term.
(b) Insurance carriers shall be licensed and approved to do business in
California having a general policyholders' rating of not less than B+ and financial rating or
not less than -!-VII" in the most current Best's Key Rating Guide.
(c) 'The insurance policy or policies shall name the Lessor, its officers, agents
and employees as additional insureds. Lessee shall provide Lessor with a certificate of
such insurance and shall keep such certificate current. The policy (or endorsement) must
provide that the insurer will not cancel the Lessee's coverage without thirty (30) days prior
written notice to the Lessor. The Lessor will not be responsible for any premiums or other
assessments on the policy. The coverage provided by the Lessee shall be primary and
non-contributing.
(d) The insurance coverage specified in this Lease shall be in effect at all times
during the Lease Term and subsequently until all of the Premises have been either
accepted as improved, by Lessor, or restored by Lessee.
(e) Lessee shall not commit or permit the commission of any acts on the
Premises that would cause the cancellation of any liability or other insurance policy,
12
insuring either the Premises or the improvements on the Premises. Lessee shall, at its
own cost and expense, comply with any and all requirements imposed by insurance
companies that carry the policies described above.
either.
Each policy of insurance procured pursuant to the Section shall contain,
A waiver by the insurer of the right of subrogation against either party
hereto for negligence of such party; or
(ii) A statement that the insurance shall not be invalidated should any
insured waive in writing, prior to a loss any or all right of recovery
against any party for loss described in the insurance policy. Lessor
and Lessee each hereby waives any and all rights of recovery.
against the other, and against it shareholders, officers, directors,
employees, subsidiaries, partners, servants, agents and
representatives, for loss or damage arising from any cause insured
against under the form of insurance policies required to be carried
pursuant to this Section or under any other policy of insurance
carried by either Lessor or Lessee. Lessee and Lessor each agrees
to use reasonable efforts to obtain its liability insurance carriers'
permission as to the waiver of subrogation described above in this
Section.
13
� (g) Lessee shall at all times observe and comply with the requirements of all
policies of insuranceO in force with respect to the Premises or any part thereof, and
Lessee shall so perform and satisfy the requirements of the companies writing such
policies so that, at all times, companies of good standing reasonably satisfactory to
Lessor shall be willing to write or to continue such insurance. Lessee shall, if any
member, licensee, concessionaire or other user of any portion of the Premises -engages
in any activity in violation of the requirements of all policies of insurance in force with
respect to the Premises, or any party thereof, take steps, immediately upon knowledge of
such activity,to remedy or prevent the same, a� the case may be.
- I
16. �-QASUALTY
Lessee shall promptly cause the marina improvements, or any part, thereof, which
is damaged or destroyed, to be repaired and restored to its original condition whether or
not required to be insured against, at Lessee's sole cost and expense. Such repair and
restoration shall be commenced in good faith and with all reasonable diligence within a
reasonable diligence within a reasonable period of time following casualty and shall be
completed with due diligence.
17. NO ABATEMENT OF RENT
Throughout the Term, no direct or indirect destruction of or damage to the marina
improvements or any other personal property on the Premises or any part thereof or
elsewhere by fire or other casualty whatsoever, whether such damage or destruction be
partial or total, shall permit Lessee to surrender or terminate the Lease or relieve Lessee
111551
from its obligation to pay in full the rent and other sums and charges payable by Lessee
hereunder or from any other obligation under the Lease, except as otherwise expressly
set forth herein.
18. ASSIGNMENT, ENCUMBRANCING OR SUBLETTING
(a) Lessee shall not either voluntarily or by operation of law, assign, transfer,
mortgage, pledge, hypothecate or encumber this Lease and shall not sublet the
Premises, in whole or in part, or allow any person other than the Lessee's employees,
members, agents, servants and invitees to occupy or use all or any portion of the
Premises without the prior written consent of Lessor which consent shall not be
unreasonably'Withheld,
(b) The following shall be deemed to be an assignment or transfer within the
meaning of this Lease:
(i) If Lessee is a corporation, any dissolution, merger, consolidation or
other reorganization of Lessee or sale or other transfer of a
percentage of capital stock of Lessee which results in a change of
controlling persons, or the sale or other transfer of substantially all
the assets of Lessee.
(ii) If Lessee is a partnership, a transfer of any interest of a general
partner, a withdrawal of any general partner from the partnership, or
the dissolution of the partnership.
15
(c) This Lease is appurtenant to adjoining littoral or riparian land and/or
uplands, and Lessee shall not transfer or assign its ownership interest or use rights in
such adjoining land separately from the leasehold rights granted by this Agreement
without the prior written consent of Lessor.
19. DEFAULT AND REMEDIES
(a) The occurrence of any one or more of the following shall constitute a default
by Lessee:
(i) Failure of Lessee to pay rent due hereunder within thirty (30) days
after written notice from Lessor; or
'(i Any failure by Lessee to perform any of the other terms, conditions
or covenants of this Lease to be observed or performed by Lessee
after thirty (30) days written notice from Lessor; or
(iii) Lessee becoming insolvent or filing any debtor proceedings, or
should any adjudications in bankruptcy be rendered against Lessee,
or should Lessee take or have taken against it, in any court pursuant
to any statute either of the United States or of any State, a petition in
bankruptcy or insolvency or for reorganization or for the appointment
of a receiver or trustee of all or a portion of Lessee's property, and
should the same not be discharged within one hundred twenty (120)
days thereafter; or
16
(iv) Lessee permitting the Premises to become vacant or unoccupied for
fifteen (15) consecutive days after written notice to Lessee (except
for vacancies caused by any Force Majeure or by remodeling,
reconstruction, alterations or repairs permitted under this Lease); or
(v) The appointment of a trustee or receiver to take possession of
substantially all of the assets of Lessee located at the Premises or
Tenant's interest in this Lease or the Premises, where possession is
not restored within thirty (30) days.
(b) -Except'for the payment of rent; if the nature of Lessee's default or breach
under this par'bgraph is such that more than thirty (30) days are reasonably required for
its cure, then Lessee shall not be deemed to be in default or breach if Lessee
commences such cure within such thirty (30) day period and diligently proceeds with such
cure to completion.
(c) Remedies In the event of a default or breach by Lessee and Lessee's
failure to cure such default or breach, Lessor may at any time and with or without notice
do any one or more of the following:
0) Re-enter the Lease Premises, remove all persons and property, and
repossess and enjoy such Premises.
(ii) Terminate this Lease and Lessee's right of possession of the Lease
Premises. Such termination shall be effective upon Lessor's giving
written notice and upon receipt of such notice, Lessee shall
17
immediately surrender possession of the Lease Premises to Lessor.
(iii) Maintain this Lease in full force and effect and recover any rental,
royalty, or other consideration as it becomes due, without terminating
Lessee's right of possession, regardless of whether Lessee shall
have abandoned the Lease Premises.
(vi) Exercise any other right or remedy which Lessor may have at law or
equity.
20. RESTORATION OF PREMISES
(a) -Upon expiration or sooner termination of this Lease, Lessor upon written
notice, may t�ke title to any or all improvements, including fills, or Lessor may require
Lessee to remove all or any such improvements at its sole expense and risk; or Lessor
may itself remove or have removed all or any portion of such improvements at Lessee's
sole expense. Lessee shall deliver to Lessor such documentation as may be necessary
to convey title to such improvements to Lessor, free and clear of any liens, mortgages,
loans or any other encumbrances.
(b) In removing any such improvements, Lessee shall restore the Premises as
nearly as possible to the conditions existing prior to their installation or construction.
(c) All plans for and subsequent removal and restoration shall be to the
satisfaction of Lessor and shall be completed within ninety (90) days after the expiration
or sooner termination of this Lease.
IN
I
(d) In removing any or all the improvements, Lessee shall be required to obtain
any permits or other governmental approvals as may then be required by lawful authority,
21. ADDITIONAL PROVISIONS
(a) Waive
(i) No term, covenant, or condition of this Lease and no default or
breach of any such term, or condition shall be deemed to have
waived by Lessor's acceptance of a late nonconforming performance
or otherwise, such a waiver is expressly acknowledged Lessor in
writing.
4(4) Such waiver shall not be deemed to be a of any other term, covenant
or condition this Lease.
(b) Tjime
Time is of the essence of this Lease and each and all its terms, covenants or
conditions in which is a factor.
(c) Notice
All notices required to be given under this Lease be given in writing, sent by U.&
Mai(, to Lessor at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California, 92658
Attention: City Manager
19
and the Lessee at the address specified in this Lease. Lessee shall give Lessor
notice of any change in its name, address or telephone number, Until such notice of
change, all notices to Lessee shall be sent to:
BAHIA CORINTHIAN YACHT CLUB,
1600 Bayside Drive
Corona del Mar, CA 92625
Attn: Commodor
(d) Consent
Where- -Lessor's consent is required� under this Lease, its consent for one
transaction or'event shall not be deemed to be a consent to any subsequent occurrence
of the same or any other transaction or event.
(e) Changes
This Lease may be terminated and its term, covenants and conditions amended,
revised or supplemented only by mutual written agreement of the parties.
(f) Successors
The terms, covenants and conditions of this Lease shall extend to and be binding
I
upon and inure to the benefit of the heirs, successors, and assigns of the respective
parties.
(g) Joint and Several Obligation
If more than one Lessee is a party to this Lease, the obligations of the Lessees
shall be joint and several.
20
0
(h) Captions
The captions of this Lease are not controlling and shall have no effect upon its
construction or interpretation.
(i) Severability
If any term, covenant or condition of this Lease is determined by a
court of competent jurisdiction to be invalid, it shall be considered
deleted and shall not invalidate any of the remaining terms,
covenants and conditions.
IN WkTNESS WHEREOF, THE PARTtS HAVE EXECUTED THIS AGREEMENT
- 1.
EFFECTIVE AS OF THE DATE FIRST WRITTEN ABOVE.
LESSOR
C177E T',BEACH
TI- Mayor
ATTEST:
LA4"V'&� �"/&P)
City Clerk
AP FORM:
Robin L. Clauson,
Assistant City Attorney
LESSEE
BAHIA CORINTHIAN YACT CLUB
2&� -
FArat\daV\g\Bahia\050698.doc
21
BCYC Marina Slip Rate Calculation
2008
MARINA NAME
BOAT SIZE
MONTHLY RATE
16'Outside Tie
20' Inside Tie
$18.75
- — -------
--20'-
97
$27.m_T__
--- — ------
------- 1=
___00.33
134-1
267
$26.56
22' Outside Tie
30,
35,
42' 1
45'
22'
30,
45".
15'- 23'
26'
32'
38�_ 39.
60'- 67'
W_
27'
3-9
34!
38'
45'
50
$30.71
$36.64
$38,69..
$22.02
$26.29.
$34.37
. . ....
___T2_3.03
----- �2_4.71
$28 V
__$30 f6----
$44.80
$21.08
�22 07
$24.33
$24.51
$26.05
$33.14
"M wha _A�ver-Ra--t-ePs��.66
Number of §ip
2LV!Hagove Marina
..... .....
Marina Average Rate
Number of SljSf
3 Aanna
. .....
. . .......
Aerina Av(�rage Rate
Number of Slips!
ZY B-alboa Marina
Marina Averaqe Rate
___�urnber
-f -s -lips
0
132
31'- 39'
$18.00
40'- 49'
$19.00
$23.00
Marina A�wage Rate
teJ7
00
Number of Sli )s
_:$12=000--
_10�7 2
at
760.55
--- Total Average
Morit��
6
Total W;l �r�goMonth�j
Rate
$2591
BCYC Linea( Footaqe of Leased Tidelands
2.07
Agreed Upon Percent of Gross Allo,
Months in Year
9%
12
fe:a:rC EVCC —Billing
F
$58,167.95
1�19 Ily BCYC Billing
$4,847.33
—$Uwe.
INote: Rates vedfle via�&
BCYC Marina Slip Rate Calculation
2007
MARINA NAME
BOAT SIZE
MONTHLY RATE
we runa
t
15'OutsideTie
O'Inside Tie
t---TO7 2Z —Outside Tle"
......
45'
$21.50
$28.25
$28.50
$34.25
$35,75
---i
— --------
Marina Average Rate
$26.82
97
--- ----- ---
227
21 �50�
Number of Sli[LSj
2) Villa Cove Marina
... ... .. . ... ... .....
30'
$24.75
$32.25
Marina Average Rate.
$26.17
42
Number of Slips
3) Bayshore Marina
15'- 23'
$21.50
26'
$22.60
$27.95
134
......
32'
38'- 39'
60'- 67'
20'-24'
25'- 26'
27'
3W- 35'
38' —.-,.$24.75
$26.50
$41.25
$19.50
$20.00
$20.50
$23.00
$23.50
Marina.��mage Rate
Number of Slips
T) —Balba Nka na-
40'
46
$28.00�
$2875
— -----
.
55'
$31.00
$31.50
-
.-�Ia—dnaAver�Lp Rate
Number of Slip's-
. .. ... . ...........
$25.05
132
$20.00
172 1
40'-49'
50'andu.p__
$18.00
$19.00
$23�00
5) Balb a Y cht Basin
Marina Average Rate
Number of Slips
Total Averniige.m.,onthly ate
$25.59
Total Weighted Average Monthly Rate
$24.60
BCYC Li :a e of Leased Tidelands
Agreed Upon Percent of Gross Allowed
2�079
9%
Months in Year
12
Yoarl�T�C �Y Btlli�g--
$55,228.56
SCYC Billing
$4,602.38
tMonthly
INote: Rates venfled via a January 20
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Er
CITY OF NEWPORT BEACH
BALBOA YACHT BASIN
949-644-3034 - Lorrie, Marina Manager
829 Harbor Island Drive
Newport Beach, CA 92660
At this time the basin has NO VACANCIES.
Our wait list is full and we are NOT taking names at this time.
There are three apartments that rarely become available.
You must be a slip tenant to rent a garage.
CURRENT SLIP RATES
Size Per Feet/Per Month
31'to 39' $18.00
40' to 49' $19.00
50'and up $23.00
APARTMENT RATES
$2,000.00 Per Month
GARAGE RATES
$200.00 Per Month
... . ...... . . .......... . ...... . .. ...... ... ... .. .. ........... ...
the subject of this Lease and shall serve as the basis for c Iculating rent herein below.
a
5. RENT
Upon execution of this lease Lessee shall pay to Lessor the sum of twenty-nfne
thousand, two hundred, fifty-six dollars and fifty-one cents ($29,256.51), in twelve (12)
equal monthly installments of two thousand four hundred and thirty-eight dollars and four
cents ($2,4.38.04) payable on the first of each month, and every year thereafter. Lessee
shall pay rent which sum is equal to nine percer§IW the annual gross receipts from
slip rentals generated b
marina slips at a rental rate of thirteen dollars
and three cents ($13.03) per lineal foot, the C're-ntal rate") or such rental rate as may be
adjusted �s provided in Paragraph 6 below.
6. RENT ADJUSTMENT/MINIMUM RENT
Every year, on the ann iv6rsary date of.the Lease, the rental rate shall be adjusted
upwards or downwards lh direct proportion to the weighted average increase or decrease
in the rate per lineal foot of slips in the "comparable marinas" described below, but in no
event shall the rent adjust below the then prevailing commercial harbor permit fee p aid by
other commercial users within lower Newport. Harbor. �The:weiglhted:AVerage _�Tate�rpe�,
..Aip �(,ttg6t,nofsfips shall be
determined by the following OQMP B si.e.
bf :1
qJ7a.!.,e Marinas J�,ay
ri Vil h' "M
Yacht Basin B21bQa,M rina. nd B Y V
Pve
a s . 0 ea. anna.
Frorn�the %list of '�comparable marinas" t
.lg
�., Lr
mr,
method jof
4
BCYC Marina Slip Rate Calculation
2006
MARINA NAME
BOAT SIZE
MONTHLY RATE
lns�qe
$17.25
a side Marina
---20
20 ft
— _qj(Duutsid!�) -_22 ft
30 - 35 ft
$20.50
$26.50
$32.50
Marina Average Rate
Number of Slips
$24.19
101
42 - 5 ft (ave.)
22 P
30 fl
45fi
$21.00
$23.25
$30.25
2) Villa Cove Marina
M �__7e
an a A rage Rate
$24.83
Number of Slips.:
3) Bayshore Marina
42
20-26-ft.(a�'j.
32 - 39 ft (avZEF-�--
$20.25
$25.00
Marina Average Rate,
Q.- 68 ft $38.00
ZOT-27ft $19.0660
$22.65
40 - 45 ft (ave.) $26.75
- 55 ft $29.00
"139 ft7
40 - 49 ft $19.00
50 + ft $23.00
Total Monthly Rate $4fi.-90
$27.75
Nurpp!�r_of Slipsl
134
__�__50
$24.3 5
132
Balboa Marina
Warina Average Rate
Number of Slips
5j Balboa Yacht Basin
-Ma-rin-a-A, v*-e—rageRate
—$-2,,-0*.*00-
Number of Slips
172
Total
Average�nthly Rate
Average Monthly Rate $23.85
Total Weighted
Vc-Linew—Tidelan�ds-2,07
Agm� ent of Gross Allowed 1 9%
Months in Year 12
Year�X_BCYC Billing $53,557.79
Monthly__qCYC Billing $4,463.15
Note: Rates vedfied by Callfard. �.creaflon Co., April 2006.
... ..... ....
-----------
the subject of this Lease and shall serve as the basis for calculating rent herein below.
5. RENT
Upon execution of this lease Lessee shall pay to Lessor the sum of- twenty-nine
thousand, two hundred, flifty-six dollars and fifty-one cents ($29,256.51), in twelve (12)
equal monthly installments of tw . o thousand four hundred and thirty-eight dollars and four
cents ($2,4.38.04) payable on the first of each month, and every year thereafte . r, Lessee
shall pay rent which sum is equal to nine percen
f, the annual gross receipts from
slip rentals gpnerated b `�OMM-6'LlIR
marina slips at a rental rate of thirteen dollars
CR
and three cents ($13.03) per lineal foot, the CTental rate") or such rental rate as may be
adjusted �s p�ovided in Paragraph 6 below,
RENT ADJUSTMENT/MINIMUM RENT
Every year, on the anniv6rsary date of.the Lease, the rental rate shall be adjusted
upwards or downwards in direct proportion to the weighted average increase or decrease
in the rate per lineal foot of slips in the "comparable marinas" described below, but in no
event shall the rent adjust below the then prevailing commercial harbor pen -nit fee p - aid by
other commercial users within lower Newport. Harbor.
.,Ji,Q9�Q,.�f96.t-.of -slips shall be determined by the following,."
.:romparable',.rn n as
rha.,' V—i I Yach . Batih -and Baysh6 �"M
PPV0. Mart.a�,..�qAgbQa
t I Balooa.Marina. res car na.
®r
Sd y
MW�
R
-the%iist of "comparable marinas" th 1�`
R ally
04./05/2008 15:05 FAX 949 721 0118 CAL,REC.CO
Z002
BALBnA
BMSHORE
MARINA
MAMNA
. ..... .. .... I-- .... ....... ................ . ..... ....
RATESQEDULE
RATESCHEVULE
May 1. 2005
May 1, 2005
MONTHLYRAMS
TwoMoothMininium
MONTHLYRArES
T*o Month Minirsturn
All nonthlytmeth ebarges will bcbastnJ oil On lircaicrorthesiip or ood-do
length late OR llot rac plus the pe.lboi-rale applied to Rny Vowel length in
All suDlItIlly broth cll;rgeq will be based on the itnestler cruse slip nr end -tic
excess or the sliD lenish up to the lost LOA as nicasuTW by the Marina.
length roe OR that mie plus the pc,lbol-role applied lo any ��Al length in
excess orific slip lellgill up W the tol-I IOA as incasurod by 11. Marina,
slip SL- Late
slip Rat4
20 Ft (sw Tie) $380.00 @ $19.00 / ft
15 Ft $300.00 @ $20.00 / Jft
24 Ft (side Tie) S456.00 @ $19.00 / ft
17 Ft $340.00 @ $20.00 / ft
25 Ft S475.00 @ $19.001 ft
20 Ft $400.00 g $20.00 / 11
26 Ft S494.00 @ $19.00 1 ft
27 Ft $513.00 @ $19.00 1 ft
23 Fit S460.00 @ $20.00 / ft
AvE . (26
Ft $533.W@ $20.50 / ft)
30 Pt (Side Tic) $652.00 @ $21.75 / ft
32 Ft $784.00 @ $24.50 / ft
AVC-.( 34 Ft $765.00 @ $22.50 / ft)
/ ft
38 Ft $978.00 @ $25.75 A
35 Ft $787.00 @ $22.50
#A
39 Ft $1,004.00 @ $25.75 ft
38 Ft $893.00 @ $23.50 / A
60 Ft $2,280.00 @ $38.00 ft
40 Ft $1,060.00 @ $26.50 / ft
AV6,
68 Ft $2,584.00 @ $39.00 ft
45 Ft $1,215.00 @ $27.00 / ft)
83 Ft $3,486.00 @ $42.00 ft
50 Ft $1,450.00 @ $29.00 / ft
55 Ft $l'S95.00 @.$29.00 / ft
Wility, Ch2rgesi Water, garbage and hookups are
utility Charges- water, garbage and hookups are
provided at no additional charge.
provided at no additional charge.
Electrical usW, if metered, will be
Electrical usage, if metered, will be
charged at the approved PUC rate
charged at die approved PUC rate
based on actual metered usage,
based on actual metered usage.
Security Deposit, Equal to one rnonth's slip rental
Security Deposit, Equal to one month's slip rental
amount-
amount.
Late Payment Fee: $50 for each late payarent, plus
Late Payment Fee: $50 for each late payment� plus
interest at 10% per araturn
interest at 10% per annum
Lion f Collection Fele: $250 Winimurn)
Lien Collection Fee. $250 Minimum)
Dock Service Fees: $45.001 - Hour ($20.00 Minimum)
Includes charges for such serrvice as
Dock Service Fm" S45.00 / Hour (S20.00 Minimum)
debris or garbage removal @ alips,
includes charges for such servicu; as
boat tic (re -tic), pumping and other
debris or gar4age removal @ slips,
boat tie (ro-tio), pumping and other
miscellaneous labor required by
miscellaneous labor required by
Marina staff.
Marina gLiE
04/05/,20'06 15:05 FAX 949 721 0118 CAL.REC,CO
VILLACOVE
IM7 'E C
M�y 90"L"
IWONTHI Y V TES
T" Morub Mulinnote
IAll nonthly befth ahars" 'ill be based oil lilt g�mr of lho slip or ond-qc
lc�glh "to OR dun,owpin,the pc�tooj.onc applied to nnyvessol length is
o,to,% or the slip lansth up to the total LOA as 011111d bY the MJr'ha-
slip Size Rate
22 Ft $462.00 @ $21-00 ft
30 Ft $698.00 @ $23.25 ft
45 Ft $1,161.00 @ $30.25 ft
Utility Charges' Water, garbage arldhookups are
provided at no additional charge.
Electrical umge. if metered, will be
charged at the approved PVC turn
based on actual metered usige,
security DePoslt, Equal to one month's slip rental
amount,
Late Payment Fee' $50 for each late paynucftt� Plus
interest at love per aumum
Lion / collection Fee. $250 (Minimunt.)
Dock SerAce Fees' $45.00 / Hour (s2n.00 Minimum)
includes charges for such service 0ui
debris or garbage removal @ slips,
boa tie (rtic), Pumping and other
mis,,11ancous labor required by
Marina staff.
[a 003
BAYSIDE
MARINA
TE SCHED-M
may 1, 2005
MONTHLYRATES
Two Month Minitrurm
IAll MnLIllyboAll charges wil I be based on the gneater of the slip nrend-0t
lenjitti nne OR [bat out plus the per-Rhot-nuc applied to any vwe I lelladt I . $1
ex,est or the slip length up to the loin I LOA as nnonsused by the madw.
sh
UP
20 Ft (Inside Side Tie)
15 Ft (Outside Side Tie)
20 Ft (Outside Side Tie)
22 Ft (Side Tie)
30 Ft
35 Ft
42 Ft
4-4e. (45Ft
60 Ft
65 Ft
74 Ft
Rate
$345.00 @ $17.25 / ft
$307.00 @ $20.50 / ft
$410.00 @ $20.50 / ft
$450-90 @ $20.50 / ft
$780.00 @ $26:00 ft
$927.00 @ $26.50 ft
$1,344.00 @ $32.00 ft
$1,485.00 @ $33.00 ft
$2,310.00 @ $38.50 ft
$2,535.00 @ $39.00 ft
$2,997.00 @ $40.50 ft
Utility Charges!
Wailfer� garbage and hookups an
provided at no additional charge.
Electrical usage, if metered, will be
charged at the approved PUC rate
based on actual inctelred usage.
Security Deposit.
Equal to one mcnath's slip renitad
Late Payment Fee:
$50 for each law payment, plus
interest at 10% per annurn
Lion / Collection Fee.
$250 (Minimum)
Dock Service Foest
$45.00/Hour ($20,00MInftnum)
Includes charges for such service as
debris or garbage removal @ slips,
boat tie (re -tie), pumping and other
mimellaneouts labor rquired by
Marina stafE
April 12, 2006
Bahia Corinthian Yacht Club
1601 Bayside Drive
Corona del Mar, California 92625
Attn: Commodore Barry Levy
Re: Lease by and between City of Newport Beach ("City") and Bahia Corinthian Yacht
Club ("Lessee"), dated May 7, 1998 ("Lease")
Dear Commodore Levy:
According to our records, the insurance for Lessee expired on January 1, 2006. As a reminder,
the Lease requires:
1. Comprehensive General Liability insurance of $2,000,000.00;
2. Property Insurance against "all risk" perils, including, but not limited to, flood, fire, lightning, riot
and civil commotion, vandalism and malicious mischief, for the full replacement cost of the marina
improvements; and
3. Each policy must name the City as an additional insured.
For your convenience, I have attached the relevant lease provisions and an additional insured
form, approved by the City's Risk Manager.
In addition, please note that the annual rent will be adjusted, pursuant to Article 6 of the Lease, to
$53,557.79, effective as of June 1, 2006.
Thank you in advance for your attention to the insurance matter. Please do not hesitate to
contact me if you have any questions.
Sincerely yours,
Evelyn Tseng
Income Contract Administrator
949-644-3153
etseng@city.newport-beach.ca.us
cc: Seanne Carney
Glen Everroad
Chris Miller
BAYSHORE
T V
IARESU
RATESCHfDULE
August3l,2004
MONTHL Y RA TES
Two Month Minimum
All niontblyberth charges will be based on lite greater of the actual slip or end -tie
length rue or the per,foot-rue applied to the actual length (LOA) of the msel,
SUR Size Rate
20 Ft $381.80 @ $19.09 / ft
26 Ft $496.30 @ $19.09 / ft
32 Ft $752.00 @ $23.50 / ft
39 Ft $916.50 @ $23.50 / ft
60 Ft $2,096.40 @ $34.94 ft
68 Ft $2,376.00 @ $34.94 ft
83 Ft $3,232.00 @ $38.94 ft
Utility Charges:
Wa ter, garbage and hookups are
'
provided at no additional charge.
$359.60
Electrical usage, if metered, will be
$17.98 / ft
charged at the approved PUC rate
$449.50
based on actual metered usage.
Securjtyr Deposit:
Equal to one month's slip rental
$469.50
amount.
Late Payment Fee:
$50 for each late payment, plus
$485.50
interest at 10% per armurn
Lien / Collection Fee:
$250 (Minitnurn)
Dock Service Fees:
$45.00/Hour ($20.00Minimum)
$21.70 / ft
Includes charges for such service as
$737.80
debris or garbage removal @ slips,
$21.70 / ft
boat tic (re -tie), pumping and other
$759.50
miscellaneous labor required by
$21.70 / ft
Marian staff.
BALBOA.
XTARrNA
RATESCHEDULE
August 31, 2004
MONTHL F RA TES
Two Month Minimum
All monthlybertli, obarges will be based on the greater of tbe actua Islip or end -tie
length rate or the pv�flbot�rateappiicd tothe actual leillub (LOA) of the easel.
slip
Rate
20 Ft
$359.60
@
$17.98 / ft
25 Ft
$449.50
@
$17.98 / ft
26 Ft
$469.50
@
$17.98 / A
27 Ft
$485.50
@
$17.98 / ft
30 Ft
$651.00
@
$21.70 / ft
34 Ft
$737.80
@
$21.70 / ft
35 Ft
$759.50
@
$21.70 / ft
38 Ft
$824.60
@
$21.70 / ft
40 Ft
$1,024.40
@
$25.61 / ft
45 Ft
$1,152.50
@
$25.61 / IT
50 Ft
$1,347.50
@
$26.95 / ft
55 Ft
$1,482.25
@
$26.95 / ft
Utility Charges: Water, garbage and hookups are
provided at no additional charge.
Electrical usage, if metered, will be
charged at the approved PUC rate
based on actual metered usage.
Security Deposit; Equal to one month's slip rental
amount.
Late Payment Fee: $50 for each late payment, plus
interest at 10% per annum
Lien / Collection Fee: $250 (Minimum)
Dock Service Fees: $45.00/Hour ($20.00Mfirimunii)
Includes charges.for such service as
debris or garbage removal @ slips,
boat tie (Te -tie), pumping and other
miscellaneous labor required by
Marina staff,
VILLA COVE
RATESCHEDUL
August 31, 2004
MONTHLYRATES
Two month minimum
All.locathly berth charges will be based oil the greater of die actual slip or ead-fle
ngd, rate or the per-lbot-nate applied to (lie actual length (LOA) of the vessel.
iv,
k4T.ESCHEDULE
August 31, 2004
MONTHL Y RA TES
Two Month Minimum
I manthlyberth charges will be based on the greater of the actual slip or end -He
or the per-flaot-nite applied on the actual longth (LOA) of the vessel.
Qp Size
Rate
Slip Size
Rate
20 Ft (Inside)
$328.80 @ $16.441 ft
22 Ft
$461.00 @ $20.95 ft
20 Ft (Outside)
$408.40 @ $20.42 / ft
30 Ft
$666.30 @ $22.21 ft
22 Ft
$449.30 @ $20.42 / ft
45 Ft
$1,313.10 @ $29.18 ft
30 Ft
$729.00 @ $24.30 / ft
35 Ft
$850.50 @ $24.30 ft
42 Ft
$1,307.50 @ $31.13 ft
Utility Charges:
water, garbage and hookups are
45 Ft
$1,401.00 @ $31.13 ft
provided at no additional charge�
Electrical usage, if metered, will be
50 Ft
$1,298.00 @ $25.96 ft
c1larged at the approved PUC rate
60 Ft
$2,281.80 @ $38.03 ft
based oil actual metered uiage.
65 Ft
$2,472.00 @ $38.03 ft
Security Depas it:
Equal to one month's slip rental
74 Ft
$2,814,20 @ $38.03 ft
amount.
Utility Charges:
Water, garbage and hookups are
Late Payment Fee:
$50 for each late payment, plus
provided at no additional charge.
interest at 10% per armurn
Electrical usage, if metered, will be
Lien I Collection Fee:
$250 (Minimum)
charged at the approved PUC rate
based on actual metered usage.
Dock Service Fees:
$45.00/HouT ($20.00Mmun=)
Security Deposit:
Equal to one month's slip rental
includes charges for such sery ice as
mount.
debris or garbage removal @ slips,
boat tie (re-tiel, pumping and other
Late Payment Fee:
$50 for each late payment, plus
miscellaneous labor required by
interest at 10% per annum.
Marina staff.
Lien / Collection Fee:
$250 (Minimum)
Dock Service Fees:
$45.00 / Hour ($20.00 Minimum)
Includes charges for such selwice as
debris or garbage removal @ slips,
boat be (re -tie), pumping and other
miscellaneous labor required by
Marina staff.
April 13, 2005
Bahia Corinthian Yacht Club
1601 Bayside Drive
Corona del Mar, California 92625
Attn: Commodore Barry Levy
Re: Lease by and between City of Newport Beach ("City") and Bahia Corinthian Yacht
Club ("Lessee"), dated May 7, 1998 ("Lease")
Dear Commodore Levy:
According to our records, the insurance for Lessee expired on January 1, 2005. As a reminder,
the Lease requires:
1. Comprehensive General Liability insurance of $2,000,000.00;
2. Property Insurance against "all risk" perils, including, but not limited to, flood, fire, lightning, riot
and civil commotion, vandalism and malicious mischief, for the full replacement cost of the marina
improvements; and
3. Each policy must name the City as an additional insured.
For your convenience, I have attached the relevant lease provisions and an additional insured
form, approved by the City's Risk Manager.
In addition, please note that the annual rent will be adjusted, pursuant to Article 6 of the Lease, to
$51,409.33, effective as of June 1, 2005.
Thank you in advance for your attention to the insurance matter. Please do not hesitate to
contact me if you have any questions.
Sincerely yours,
Evelyn Tsang
Income Contract Administrator
949-644-3153
etseng@city.newport-beach.ca.us
cc: Seanne Carney
Glen Everroad
Chris Miller
-Flom :
FRX NO.
M$R-25-2005 00:49 Fka�: 1949,6449580
im SAY91OF CFIqVr
��ORONA DRL MAR, CA WZGZ5
(a49) 0?�`IMG
Mar. 29 2005 02:09PM P1
TMG4431RO F`:1 I
P. I
SHURIF'P-CORONER V1?A1kTMVN'r
couwTv ay ORANGE
CALIFORNIA mICHAFL S� CARQNA
SHFRIFF-CORONER
Susie RMdrick
Bahia Corinthian Yacht Club
1801 Baysids Drive
Corona dot Mar, CA 92626
Dour ms, Bmdrlck,.
March le, 2005 A%GISTANT 6141041"A
40 ANN CIAMICY
WTE OANVON
I MMKUSON
MVIA 0YORM
The, Seal Beach Yacht Club raft -up, scheduled for Mamh 18-20, 2005, to be held
at Bahia Corinthian Yacht Club, has been approved with the following wrldItIons:
I . No Mato than three vis"In mgy be side -tied to any locellons adlacent to
the navigation ch"llnet
2. On double and t110110 stacked VOW16, son"OnG M"t be an "Son
veemal 2417 to Move R rVWW 10 do swo
3, Side -tied vessels mutt disp* an anchor light (white light visible 36011)
dwOng the hours of darWass w as not to create a ha7aid to navIgation;
4, Fire hoges from dooWide cmbinets must tie able to resell any and all hosts,
secured In slips br raf t -up positions -
Please remind Your group that the Environmefdal Protscffion Agency has
declared Newport Harbor a 140 DISCHARGE HARBOR. For tilis reason,
courtesy purnp-out dations ;ire jocatod throughout the haftr,
Should any mombor of thin group experiencet a marine or med! Val emergency
during the event. please call NEWPORT HARBOR PATROL on channel 16 VHF
marine radio for immediate 1=1VIOncls,
S. cAkRONA, She roner
la aptain Greg Russell
Harbormastar
GR:sC
p�utiLvaNAIWAF0 1W U?4jN=WP6XA?M AMOVAS OFORAMIC CONNIFTA00 WADALOWWO OMER AUDAGEMNIS'
A1400 �AF—O - DANA POINT - LAQUPA HILLS - LAW" WIQUI!�. - LA(WNk WMI - UKR W11ST - WSIHON V1rJQ
R^NcHo nAtm mApjUFjITA - am CLSUSWE , sM JUAN W13TRMO - MWMN � VIILLA PARK
MPLF16096. MACH% 4 P14W - J" VMVM9 AIRVOW - OCTA I 9UPTRICIR C()IJRT
LEASE
THIS LEASE, made this 7' day of May, 1998, by and between the City of
Newport, a municipal corporation, and Charter City, hereinafter, "Lessor" and the Bahia
Corinthian Yacht Club, a'California, non-profit Corporation, hereinafter, "Lessee", is made
with reference to th.e following recitals:
RECITALS
A. Under the provisions of the Beacon Bay Bill (Chapter 740 of the Statues of 1978),
Lessor is the grantee of certain harbor tidelands, located in the City of Newport
Beach,County of range, ("Tidelands Grant");
B. Lessee, -currently operates a marina in and over a portion of those tidelands under
Harbor Permit 0101�1801-1;
C. Harbor Permit 0101-1801-1 is issued to California Recreation, a dba of The Irvine
company, the owner of the upland property adjacent to the tidelands;
D. Lessee has acquired the upland property adjacent to the tidelands;
E. The parties desire to enter into a long-term lease in lieu of a City Harbor Permit,
Meno
I
F. The Marina use to be made of these tidelands, and the terms and conditions in this
lease are consistent with the provisions of the City Charter and Ordinances of
Lessor, and are consistent with the provisions of the Tideland's Grant; and
G. Lessor and Lessee entered into that certain Option Agreement for the Lease of
Real Property dated as of October 4, 1995 (the "Option Agreement") granting
Lessee the right to enter into a lease for the premises on the terms and conditions
a
b4,'09/2004 11:56
IKBELLPORT
NO, 03? POI
0
*digital cable available
GuestSlips: $2.00 per foot per nigirt, pending availability
Holiday Rates: $3.00 per foot per night, pending availability
Aff raW9 am mbjea to chaW
W1Wm
SLIP RATES
2003-2004
fla�
Size
Rate per Ft.
Balboa Marina
22' - 2# inside tie
$
14.56
All utilities included.
201 East Coast Highway
20'-27-
$
17.63
Newport Beach, CA 92660
28' - 39
$
20.87
40'- 49'
$
24,16
501+
24.95
Baythom Marina
16' - 26'
1&72
Electric utilities are metered
2572 Bayshore Drive
32' - 3W
�2,60
and charged accordingly.
Newport Beach, CA 92660
600-68,
$
32.35
Migital cable available
Bayside Marina
20' inside tie
$
16.12
Electric utilities are metered
1137 & 1353 Bayside Drive
20' - 22' outside tie
$
20.02
and charged acoordingtY.
Corona del Mar, CA 92625
30'- 351
$
23,37
4Z - 45'
$
29,37
*digital cable available
Ll Z
villa cove Marina
22'� 29'
$
20,54
Electric utilities are mejared
1099 Sayside Drive
39 -3W
$
21.36
Newport Beach, CA 92660
45'
$
27,53
and charged accordingly.
0
*digital cable available
GuestSlips: $2.00 per foot per nigirt, pending availability
Holiday Rates: $3.00 per foot per night, pending availability
Aff raW9 am mbjea to chaW
W1Wm
Bahia Corinthian A,,wYa%c/ht Club
September 14, 2004
Captain Russell
Orange County Sheriff s Department
Harbor Patrol
1901 Bayside Drive
Corona Del Mar, CA 92625
RE: CORONA DEL MAR CENTENNIAL BOAT PARADE
Saturday October 16, 2004
Dear Captain Russell,
Enclosed please find the Marine Events Application submitted by Bahia Corinthian Yacht Club for a
boat parade in Newport Harbor scheduled for Saturday October 16, 2004.
Bahia Corinthian Yacht Club has been asked by the Corona Del Mar Centennial Committee to
coordinate a group of power and sail "period boats" (1930's, 40's and 50's) to participate in a boat
parade honoring flit I 000'Anniversary of Corona Del Mar.
Per our application we are anticipating 25 boats ranging in size from 30' to 60' feet in length, with the
possibility of the tall ship "Lynx". The proposed route (see enclosure) will start off Collins Island at
3pm.,Following a Northwesterly come and passing the Nautical Museum to starboard we will turn
South to the Lido Island Reach and proceed West to the Turning Basin. After taming East we will
proceed to the end of the West Jetty, turning to parade past the "viewing area" located on the East Jetty
and sea wall adjacent to Corona Del Mar beach. Our time of arrival at the harbor entrance will be
5:30pm.
We would very much appreciate the Harbor Department's involvement as a lead parade boat. Also,
please advise on your recommendations for additional Auxiliary or safety vessels needed.
; Sincerelly,
M aplan
all
?
Vice Commodore Director
Enclosures
1601 Bayside Drive, Corona del Mar, Calif.omia 92625
Phone (949) 644-9530 Fax (949) 644-9580 www.bcyc,org
ORANGE COUNIT SHERIFF'S DEPARTMENT
HARBOR PATROL
CONDITIONS
1. Complete this form 1yoped or legibly printed in ink.
2. This application must be submitted to the Harbor Patrol at least 30 days prior to the event.
3. Copies of entry requiresments; rules pertaining to equipment, proccures; and a copy of the event route, if applicable,
must be submitted with the application, Complete route map on back of application.
4. Compliance with all applicable Federal, State, and Local Codes and Safety Regulations is mandatory.
EVENT NAME AND DESCRIPTION:
CORONA DEL MAR CENTENNIAL BOAT PARADE
LOCATION: Newport Harbor --FD—ATE'
See Map
1 10/16/04
ITIME:
3:00pm
NAME AND ADDRESS OF SPONSORING ORGANIZATION:
Bahia Corinthian Yacht Club
1601 Bayside Drive, Corona del Mar, CA 92625
NO. OF PARTICIPANT VESSELS
SIZES: TYPES:
Approximately 25
1 30 - 60' 1 Power and Sail
ANTICIPATED NUMBER OF SPETTATORS: IVESSELS:
WILL THIS EVENT INTERFERE WITH OR IMPEDE THE NATURAL FLOW OF TRAFFIC? IF YES, EXPLAIN:
Yes, see attached map
HAVE ANY OBJECTIONS BEEN RECEIVED FROM OTHER INTERESTED PARTIES? IF YES, EXPLAIN:
No
VESSELS PROVIDED BY SPONSORING
DESCRIPTION:
ORGANIZATION FOR SAFETY
INUMBER:
I If required
IS A NEED FOR COAST GUARD AUXILIARY OR OTHER SAFETY PATROL ANTICIPATED? IF YES, EXPLAIN:
Request "Fire Boat" to lead parade
CONTACT PER90—N DURING EVENT:
LOCATION:
METHOD: Phone
Kenny Rozak, Director
1601 Bayside Drive
lor
Cell 949-633-2612
Corona del Mar, CA 92625
Channel 68
NAME AND SIGNATURE:
ADDRESS AND PHONE Date Submitted:
Susie Brodrick, Office/Marina Manager
1601 Bayside Drive 9/16/04
A jCprWa
del Mar, CA 92625
P
A rRE Dn
OV By 7T7
S CI
PE AL CONDITIONS.
Rev 8/94
ORANGECOUNTY SHERIFF'S DEPARTMENT
HARBOR PATROL
CONDITIONS
1. Complete this form tyoped or legibly printed in ink.
2. This application must be submitted to the Harbor Patrol at least 30 days prior to the event.
3. Copies of entry requiresments; rules pertaining to equipment, proccures; and a copy of the event route, if applicable,
must be submitted with the application. Complete route map on back of application.
4. Compliance with all applicable Federal, State, and Local Codes and Safety Regulations is mandatory.
EVENT NAME AND DESCRIPTION:
CORONA DEL MAR CENTENNIAL BOAT PARADE - OCTOBER 16,2004
LOCATION: Bahia Corinthian Yacht Club
DATE:
TIME:
1601 Bayside Drive, Corona del Mar, CA 92625
10/15-17/04
NAME AND ADDRESS OF SPONSORING ORGANIZATION:
Bahia Corinthian Yacht Club
1601 Bayside Drive, Corona del Mar, CA 92625
NO. OF PARTICIPANT VESSELS ISIZES: PIES:
19 1 215-50 7 Sail/Power
ANTICIPATED NUMBER OF SPECTATORS: IVESSELS:
WILL THIS EVENT INTERFERE WITH OR IMPEDE THE NATURAL FLOW OF TRAFFIC? IF YES, EXPLAIN:
Yes, see attached map
HAVE ANY OBJECTIONS BEEN RECEIVED FROM OTHER INTERESTED PARTIES? IF YES, EXPLAIN:
N/A
VESSELS PROVIDED BY SPONSORINT--[q99M:
ORGANIZATION FOR SAFETY
IDESCRIPTION:
IS A NEED FOR COAST GUARD AUXILIARY OR OTHER SAFETY PATROL ANTICIPATED? IF YES, EXPLAIN:
No
CONTACT PERSON DURING EVENT::::
LOCATION:
METHOD: Phone
John Richard, PortCaptain
1601 Baysid.e Drive
949-644-9530
orona del Mar, CA 92625
C Coro I M r, C
NAME AND SIGNATURE: ADDRESS AND PHONE #: Date Submitted:
Susie Brodrick, Office/Marina Manager 1601 Bayside Drive 9/8/04
Corona del Mar, CA 92625
APPROVED BY:
SPECIAL CONDITIONS:
Rev 8/94
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Bahia Corinthian ',,4Yacht Clui
I
July 28, 2004
Newport Beach Fire Department
Attn: Chief Riley
3300 Newport Blvd.
Newport Beach, CA 92662
Regarding: Permit #HC2004-001
Dear Chief Riley:
The Babia Corinthian Yacht Club has completed. each of the issues identified during an
inspection of our marina. We should now be in full compliance with the commercial
dock fire and municipal codes.
I am available should you need us to supply you with additional information.
Sincere]
rian Car on
General Manager
t" �f" � ��-( \
1601 Bayside Drive, Corona del Mar, California 92625
Phone (949) 644-9530 Fax (949) 644-9580 www.beyc.org
Miller, Chris
To: Carney, Seanne
Subject: Bahia Corinthian Yacht Club 2003 Rates
Seanne,
Attached is the comparison of the harbor slips in Newport, computed using weighted
Marina SlIp Rate
Survey,xis (1...
averages, per the contract specifications.
The annual rental adjustment for the Bahia Corinthian Yacht Club, effective May 1, 2003,
will be $4,083.77 per month based on the above comparison.
Please feel free to call if you should have any questions.
Thanks,
Chris
1
E
0
EXISTING
TIE -BACKS & EXISTING BAHIA CORINTHIAN
DEAOMEN YACHT CLUB
POOL
NEW BOAT HOIST
PLATFORM
A T I r
I I rl TI T I
T T T
T 11 :1 T T T T IT I T: 1 T: T T
It li il-111,
LTI, �1,11
'19V PROJECT
��NORI��
SITE PLAN
SCALE I"=30'
1*
I I'M
REVISIONS
DRAWING INDEX
T-1 SITE PLAN. VUNI-.� YAP AND NOTES
C-1 DRAINAGE PLAN
S -I GENERAL ARRANGEMENT PLAN
S-2 HOIST PlArFORV PLAN
S-3 PLATFORM D---.,A:LS
S-4 FENCE, GATE. AND GUARDRAIL DETAILS
S-5 CHANCE ANCHOR NOTES
S-6 CHANCE ANCHOR DETAILS
E -I ELECTRICAL PLAN AND DETAILS
GENERAL NOTE �
GENERA CAST -IN-PLACE CONCRETE
1. THE CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND SITE
CONDITIONS BUCRE STARTING WORK. THE OWNER OR
ENGINEER SHALL BE NOTIFIED OF ANY DISCREPANCY.
2. OWNER AND ENGINEER SHALL NOT BE RESPONS18LE FOR
EXPENSES INCURRED AS A RESULT Or FAILURE ON THE PART
OF THE CONTRACTOR TO VERIFY DIMENSIONS ANO/OR
VERIFIABLE SITE CONDITIONS PRIOR TO BEGINNING WORK
THE OWNER AND ENGINEER SHALL SHALL BEAR NO
RESPONSIBILITY FOR FAILURE ON THE PART OF THE
CONTRACTOR TO COORDINATE ACTIVITIES OF CONTRACTOR'S
EMPLOYEES OR SUBCONTRACTORS.
3. NOTES AND DETAILS ON DRAWINGS SHALL TAKE PRECEDENCE
OVER THESE GENERAL NOTES.
4, DIMENSIONS TAKE PRECEDENCE OVER SCALE.
5. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO
LOCATE ALL EXISTING UTILITIES, WHETHER OR NOT SHOWN
ON THESE DRAWINGS, AND TO PROTECT THEM FROM DAMAGE.
THE CONTRACTOR SHALL BEAR ALL EXPENSE OF REPAIR OR
REPLACEMENT IN CONJUNCTION WITH THE EXECUTION OF THIS
WORK.
6. ALL SALVAGEABLE ITEMS REMOVED AND NOT USED REMAIN
THE PROPERTY OF THE OWNER.
7. ALL DEBRIS AND TRASH SHALL BE REMOVED FROM THE
SITE.
8. IF CONFLICTS APPEAR BETWEEN PLANS AND THESE GENERAL
NOTES. THE CONTRAC70R(S) SHALL ASK FOR DIRECTION
FROM THE OWNER OR ENGINEER.
9. ALL PLAN CHECK EXPENSES SHALL BE PAID BY THE
OWNER.
10� CONSTRUCTION PERMIT SHALL BE OBTAINED AND PAID FOR
BY THE CONTRACTOR.
1I.AUL ELEVATIONS GIVEN ARE BASED ON MEAN LOWER LOW
WATER (MULW).
L THE CONTRACTOR SHALL. AT ALL TIMES, COMPLY WITH ALL
OSHA AND STATE SAFETY ORDERS.
2. ALL MATERIALS AND WORK SHALL CONFORM TO EITHER:
A. THE UNIFORM BUILDING CODE (UBC) 1997 EDITION,
OR
B. REFERENCE SPECIFICATIONS (RS) "STANDARD
S�ECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -
2000 EDITION.
DEFINITION OF TERM
1. REMOVE: SHALL MEAN TO OE.MOL15H, TRANSPORT AND
DISPOSE OF AT CONTRACTORS EXPENSE.
2. REMOVE AND REINSTALL: SHALL MEAN TO REMOVE, PROTECT,
STORE, CLEAN AND REINSTALL IN GOOD CONDITION.
3. INSTALL: SHALL MEAN TO FURNISH THE ITEM SPECIFIED.
TRANSPORT TO THE SITE AND INSTALL IN ACCORDANCE
WITH THE MANUFACTURER'S RECOMMENDATIONS AND THESE
DRAWINGS.
4. SALVAGE: SHALL MEAN TO DISASSEMBLE. SORT INTO JKE
COMPONENTS. PACKAGE OR PALLETIZE INTO TRANSPORT-
ABLE UNITS AND TRANSPORT TO A SITE DESIGNATED BY
OWNER.
rQNQRFTF CORING
1. CORING OF EXISTING CONCRETE SHALL COMPLY WITH CAL -OSHA.
THE CONTRACTOR SHALL KEEP DUST TO A MINIMUM
AND SHALL BE RESPONSIBLE FOR DAMAGE TO. AND
REPLACEMENT OF, ADJACENT MATERIALS AND FINISHES.
2. THE CONTRACTOR SHALL PROVIDE AND PAY FOR ALL
CONSTRUCTION SURVEYING REOUIRED.
CASH & ASSOCIATES
ENGINEERING AND ARCHITECTURE
(714) 895- 2072
le 7- -/,/, e /
L NEW PLATFORM FOR BOAT HOISTS:
CONrRACfOR SHALL FURNISH: 1'. = 4,000 psi
DESIGN BASED ON: I C = 3.000 psi
2. WATER-CEIVENT RATIO SHALL NOT EXCEED 0.40 BY
WEIGHT, UNLESS OTHERWISE APPROVED By TH:
ENGINEER . MINIMUM CEMENT CONTENI. REGARDLESS OF
DESIGN STRENGTH. SHALL BE 594 POUNDS (6 SACKS)
PER CUBIC YARD.
3. CEMENT SHALL BE TYPE 11 LOW-ALiiAIJ CONFORMING TO
REFERENCE SPECIFICATION SECTION 201-1.2.1
4. REINFORCING BARS SHALL BE IN ACCORDANCE WITH
ASTM A-615, GRADE 60. ALL REINFORCING SHALL BE
EPDXY COATED IN ACCORDANCE WITH ASTM A-775,
REINFORCING BARS TO BE WELDED SHALL CONFORM TO
ASTM A-706,
5. ALL CONCRETE SHALL CONTAIN A 'WATER REDUCING
ADMIXTURE CONFORMING TO AST.M C-494. TYPE A.
EXCEPT IT SHALL CONTAIN NO CHLORIDES AND SHALL
BE NON-TOXIC AFTER 30 DAYS.
6. FORMS SHALL BE CONSTRUCTED OF Pl.r�000. HARD
PLASTIC FINISHED PL�.00Q OR STEEL AND SHALL BE
IN ACCORDANCE WITH REFERENCE SPECIFICATION
SECTION 303-1 AND ACT 347.
7. FORM OIL SHALL BE NONSTAINING COLORLESS MINERAL
OIL, FREE FROM KEROSENE: FLASH POINT SHALL BE NOT
LESS THAN 300 DEGREES F.
8. CURING; CONCRETE PLACED ABOVE THE WATER SURFACE SHALL
BE CURED WITH A CURING COMPOUND, TYPE 1-0, CONFORMING TO
RS) SECT. 201-4 AND APPLIED IN 2 COATS IN ACCORDANCE WITH
RS) SECT. 303-1�10.
9. FINISH ALL CONCRETE EXPOSED 10 VIEW IN ACCORDANCE WITH
REFERENCE SPECIFICATION SUO-SECTION 303-1.9. SURFACE
FINISHES - "ORDINARY CONCRETE FINISH'. CLASS I AND 2 UNLESS
NOTED OTHERWISE ON THE PLANS.
METAL FASTENINO
1. CONCRETE ANCHORS SHALL BE IFW RAMSET/REDHEAO
SELF DRILLING ANCHORS AS DESCRIBED IN I.C.B.O.
REPORT NO. 1372. MARCH 2000. ALL ANCHOR BOLTS SHALL
CONFORM TO ASTM A307 AND SHALL BE GALVANIZED.
EARTH ANCHOR.5
SEE DRAWING NO. S-5 & S-5 FOR DETAILS AND SPECIFICATIONS.
PROTECTION OF EXISTING FEATURES
CONCRETE PAVING. ASPHALT PAVING. WALLS. LANDSCAPING
AND BURIED UTILITIES SHALL BE PROTECTED FROM DAMAGE
By CONTRACTORS OPERATIONS. DAMAGED MATERIALS SHALL
BE RESTORED OR REPLACED.
FENCES, GATES, AND GUARDRAILS
SEE DRAWING S-4 FOR DETAILS AND SPECIFICATIONS.
REFERENCE BENCHMAR
ORANGE COUNTY SURVEY BENCHMARK 3K-288-68.
ELEVATIONS SHOWN ARE FOR MLUN DATUM.
qTrri PlPr PIlF5
FOR STEEL PIPE PIL. NOTES BE- ORNHING S-2.
ALRC
OL�BAHIA CORINTHIAN YACHT CLUB
0 1601 SAYS10E DRIVE. NEWPORT BEACH, CA. 92625
::ARC BOAT HOIST
R
.MANAGER HIM SITE PLAN, VICINITY MAP AND NOTES
AS NO, ED I /A\
PROJECT NUMBER
T-
NEIN PLATFORM SLAB
7'-3" 13'-0" 13'-0" 14'-0" 2'-9" ,SEE SIN. S-3 FOR REINF.
1� c
18"ac.
LIMITS OF CONC, 1 9.70E.. 09ILL I 'oX!2` HOLE
FOR
PAVE.M-_NT REIACVAL 9.79E..: -MIN DOWEL Z;
1 7
INLET FOR COS MODEL—,
9 94' EX.
A;
P,VIU20 CLARIFIER _L_
�A_
.4 _j - 7, �J-4
fill IK I
—EXIS7. SLAB
J-4
u u
CCJ
u 28.9—
u ccJ cci cci ICJ C,,J
DOWEL
t�7 u / DOWEL
z= _2 \,� 1, 11V.
on!
IS OE'. ccJ!2_3- rj-
I CCd
al - I EXPANSION EXPANSION JOINT (EJ 2)
JOINT (EJ -1) r-2
............. . 9�,, 7
Jq� ��/, - -,- -1 /'- ... ............... ........ . I
14\ SCALE; 1"wl'-O'
SCALE: I"=I'-0`
8.93.
--- --- ----------------- ... .. ..... .. ---- ----- ---- ... ....... ... ... . ....... ....... - - - - - —
CL EXIST HOIST
14 -0 JOINT SEALANT- a JOINT SEALANT-,,
Z S::
.
0:
2
z 18" O.C. E.W.
It INLET 4
@ N'W ORAIINAGE-
20'-0" 4 1 0 SLAS
NEW DRAINAGE SILAS
--T _7 7
PLAN OF DRAINAGE FOR WASHDOWN WATER
1" 10'-0"
PROJECT NORT 7XIST.
\�PREMCLDEO EXPANSION 3LAS PREMC-_OE0 EXPANSION
JOINT MATERIAL JOINT MATERIAL
#4 C 1 3" O.C. E.W.
)RILL 1 "0 x 12" HOLE
;-Sm()(),H 3/4%24" DOWEL 0 -SMOOD4 3/4'*x24" DOWEL 0
NEW DRAINAGE SLAB 3/8" WIDE X 1 1/4" BEEF' SAY) 24" O.C. GREASES OR G�APHITE �CR DOWEL 24" O.C. GREASED OR G�APATE
COATED ON O.N� END COATED ON ONE 'NO
CUT JOINT, FILL WITH JOINT -4)
FILLER EXPANSION JOINT (EJ EXPANSION JOINT (EJ
0 18" E.W. SCALE N,T.S. SCALE: N.T.S.
7,
INLET FRAME
GRATE
PLAN @ INLET NOTE. SAW CUT CRACK
SCALE: N.T.S. CONTROL JOINT MUST BE
1/4"R -
MADE WITHIN 24 HOURS OF /4' MAX.
POURING CONCRETE _-EXTRUDEO, FLEXIBLE,
RISE'? SECTIONS 1/2" PGILYURETHANE��
CRACK CONTROL JOINT (CCJ) SEALANT. COMI'RESSIBLE POLYETHYIE.NE
RIM ZL-+B.SC' EL=+8.98' SCALE: N.T.S. SACKER ROD AS SUPPLIED By
THE WHY' CAP COMPANY OR
4 BARS PREFORIVE0 JOINT FILLER,
P APPROVED EQUAL. (TOP
TO HAVE
is" O.C. E.W. SHALL BE FIBER, C0Nr0R.V!IqG TO G�AZIO SURFACE AND CROWNED
ADDED # 4 FARS
INV EL=+5.80, ASUM 111151 AS SUPPLIER BY TPE AS SH "Mil, "" COMPRE S S ED
FNV EL-�4.88' WHIHE CAP COMPANY OR APPROVED WIDTH TO BE
1/8" GREATER THA
_L EQUAU ACTUAL GROOVE WIDTH.)
— — ------ PIXEO
EXTERNAL SUMP SMOOTH 3/4"X24" DGWEL�
-0"
EL=+ 1.63 14' GREASED OR GRAPHIHE
MLLW 0.0
ADD 14-#4 3'-0" COATES ON ONE END
AROU�D INLET FRAME ONLY.
Ell I �� 7q! (THIS NOTE APPLIES To
_��.'--EXIST. CONC.
F�:J�jq � �v SEE PLAN
EJ -4.)
--T - .....
SECTION
SCALE: N.T,S. WHOM
SECTION
REF: COS TECHNOLOGIES
3950 Long Ueoch Blvd,
Long 8�cch' CA 90807
TXI. 562-424-6334
SLAE3 REINFORCING AT INLET EXPANSION JOINT DETAIL
DETAILS OF CDS MODEL PMIU20-15 PLAN NOT TO SCALE
SCAL-: N.7.S.
I
ARC IBAHIA CORINTHIAN YACHT C[_1_J8
OLO 'E �OrES
1601 BAYSIG ORIVE, NEWPORT BEACH, CA. 92625
CASH & ASSOCIATES � - _, - \, - V
A 3/P702i suam�T To ILE.Ni .A-, CRG BOAT HOIST 5 5.
AND ARCH;TECTURE 7 ..Do
REVISIONS (71-) 895-2072 ARC DRAINAGE PLAN 713IAWI.� -�
RH.M C— I
ps REDUCED SET - NOT TO SCALE., 7,n ?.
REVISIONS
PIERHEAD UNE
— - — - — - — - — - — - — - — - — - — - — - — - — - —
PROJECT 41'-0" x 17'-6" BOAT HOIST PLATFORM PLAN
"1'1� —NO11H SCkE: 1/8% 1'-0' @
CASH & ASSOCIATES
ENGINEERING AND ARCHITECTURE
(714) 895-2072
ARC BAHIA CORINTHIAN YACHT CLUEB
OLO 1601 BAYSIDE DRIVE, NEWPORT BEACH, C& 92625
7TOR CRG BOAT HOIST
MANAGER R,. GENERAL ARRANGEMENT PLAN
REDUCED SET - NOT TO SCAL
' IA'�
AS NOTE1
'7"' MEER
5751.00
DRAWING NUMBER
S-1
OctaL 03/28/02 — 1:42 pm
0
REMOVE EXIST(NG CONCRETE
SLAB, REGRADE AND POUR
SWING OF SOUTH HOIST
NEW CONCRETE SLAB To
I-- — — 11
5z X IR nnnlh� WnlqT)
REVISIONS
PIERHEAD UNE
— - — - — - — - — - — - — - — - — - — - — - — - — - —
PROJECT 41'-0" x 17'-6" BOAT HOIST PLATFORM PLAN
"1'1� —NO11H SCkE: 1/8% 1'-0' @
CASH & ASSOCIATES
ENGINEERING AND ARCHITECTURE
(714) 895-2072
ARC BAHIA CORINTHIAN YACHT CLUEB
OLO 1601 BAYSIDE DRIVE, NEWPORT BEACH, C& 92625
7TOR CRG BOAT HOIST
MANAGER R,. GENERAL ARRANGEMENT PLAN
REDUCED SET - NOT TO SCAL
' IA'�
AS NOTE1
'7"' MEER
5751.00
DRAWING NUMBER
S-1
OctaL 03/28/02 — 1:42 pm
STEEL PIPE PILE NOTE
I . PILES SHALL BE 12 INCH NOMINAL DIAMETER SCHEDULE 80
STEEL PIPE, 24 FEET LONG, CONFORMING TO ASTM A53 GRADE B.
TWELVE PILES ARE RECUIRED. LOCATION OF PIUES ARE SHOWN
ON HOIST PLATFORM PLAN ON THIS DRAWING.
2. PILES SHALL BE COATED WITH COAL TAR EPDXY BY KOPPERS,
AMERON, OR AN APPROVED EQUAL. COATING SHALL BE APPLIED.
ACCORDING TO THE MANUFACTURER'S RECOMMENDATION, IN
TWO COATS, EACH COAT 8 MILS THICK. FOR A TOTAL OF
16 M(LS MINIMUM, COATING SHALL BE APPLIED TO THE PILES
IN THE AREAS SHOWN ON SECTION 2 ON THIS DRAWING.
FOR THE TOP 2'-0" OF THE PILES. COAT THE INSIDE AND
OUTSIDE OF THE PILES AFTER THE REINFORCING BARS HAVE
BEEN WELDED TO THE PIPE PER THE DETAILS ON DRAWING S-3.
3. THE RECOMMENDED DRIVING PROCEDURE IS TO USE A DELMAG 0-15
DIESEL HAMMER AND REACH A BLOW COUNT OF 12 BLOWS MINIMUM
PER FOOT. A WAVE EQUATION ANALYSIS SHALL BE PERFORMED
BY THE GE07ECHNICAL ENGINEER AFTER THE HAMMER -PILE SYSTEM
HAS BEEN SELECTED BY THE CONTRACTOR. BLOW COUNT CAN BE
DEVELOPED ON THE BASIS OF THAT WAVE EQUATION ANALYSIS.
4. THE PILES SHALL BE DRIVEN TO THE ELEVATIONS SHOWN ON THE
DRAWING& IF 17 15 NOT POSSIBLE TO REACH THOSE ELEVATIONS,
CONTRACTOR SHALL STOP DRIVING AND REPORT TO THE ENGINEER
THE BLOW COUNT AND TIP ELEVATION REACHED.
FOR NEW
I
z z
<
<
EXISTING FLOATING DOCK
SLAB SEE
0 HIGHEST TIDE
DWG. C-1
�LOPE
0 057
SHEET PILES
BELOW
HIGHFqT TIQF FI +7
FOR TYP. CONN.
EXISTING SEAWALL
OF PILE TO
SLAB SEE
EXISTING CONC. WALE
DETAIL
5
0
u
0,
EXISTING FLOATING DOCK
�7
S_
I z
0 LOWEST TIDE
DATUM EL 0.0' = MLLW
LOWEST TIDE EL -2.5
12" SCHEDULE 80
STEEL PIPE PILE
x
12" SCHEDULE 80
STEEL PIPE PILE
6 REDD.
rEL
EL -1 5 82�
-,5..,,
TYP. FOR
STEEL PILES
I
IN,
HOIST BASE PL
BY OTHERS
2 PLACES
FOR A.B.(_6"�
SEE OET
2--S
TYP. @ NEW "CHANCE" ANCHOR
u
I
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<
CUT 0 NEW PLATFORM
1 1 41,-0"
6
X W
T- 3" 7'-0" 7 _O.. 17'-Qofo 7'-0" 7 -0"
r
ti
7E 1-7--
2 —W W8x28
1 9 AIR
TEMPORA�Y WAL TEMPORAR WALE
71,
u 12" SCH
PIPE PILE BG
TYP. 0
PILES 12 PLACES
EXISTING HOIST
14'-0" S-3 TYP 8 PLACES
0 (NT. PILES
4'-Y
13'-0"
qC CONC.
BELOW
TYP. 4 PLACES
0 CORNER PILES
Nom'
REMOVE EXIST. CONCRETE FOUNDATION
TO INSTALL "CHANCE" ANCHOR. SEE Q
A PROJECT
N SECTION NORTH HOIST PLATFORM PLAN
SCALE: 1/4% 1'-0' SCALE: 1/4'- ;'-0'
77---T- ENGINEER ARC BAHIA CORINTHIAN YACHT CLUE3
77--7- DESIGNER 1601 BAYSIDE DRIVE, NEWPORT BEACH, CA. 92625
OLD
CASH & ASSOCIATES )PE 0
CAD) OPERATOR OLD
�328 0 S�UBMITTO CLIENT RHM ENGINEERING AND ARCHITECTURE E R E30AT HOIST
JBM_ CHECKER
NO.LDATE DESCRIPTION BY :HE ARC
rfl, (714) 895-2072 CT M HM HOIST PLATFORM PLAN
REVISIONS PROJECT MANAGER RHM
9
EXIST, SHEET PILE CAP
CUT 0 NEW PLATFORM
7EXIST
SHEET PILES
BELOW
qC CONC.
BELOW
TYP. 4 PLACES
0 CORNER PILES
Nom'
REMOVE EXIST. CONCRETE FOUNDATION
TO INSTALL "CHANCE" ANCHOR. SEE Q
A PROJECT
N SECTION NORTH HOIST PLATFORM PLAN
SCALE: 1/4% 1'-0' SCALE: 1/4'- ;'-0'
77---T- ENGINEER ARC BAHIA CORINTHIAN YACHT CLUE3
77--7- DESIGNER 1601 BAYSIDE DRIVE, NEWPORT BEACH, CA. 92625
OLD
CASH & ASSOCIATES )PE 0
CAD) OPERATOR OLD
�328 0 S�UBMITTO CLIENT RHM ENGINEERING AND ARCHITECTURE E R E30AT HOIST
JBM_ CHECKER
NO.LDATE DESCRIPTION BY :HE ARC
rfl, (714) 895-2072 CT M HM HOIST PLATFORM PLAN
REVISIONS PROJECT MANAGER RHM
3 6
SECTION
S�LE: 3/4' -
EXIST. SHEET PILES
9
1� 1z.
8-#7 DOWELS
EDGE OF PLATFORM 12" PIPE RILE
BEND BARS RADIALLY
UNLESS SHOWN OTHERWISE
PLAN DETAIL 0 INTE01EDLATE PILES
S�I-E: 3/4' � I' -D" @
( �7
S- �3
Typ.
5'-0"0 BASE PL
BY CRANEVEYOR -/ I
.HOIST BASE PLATE PL4.N
SC&E 1/2' = 1'-0'
REVISIONS
J-
WHERE OCCURS
NOTE:
SEE OWG. NO, S-4
FOR LOCATION OF CURB
8-#7 BOWELS
#5, SEE Q
9-#5 0 10" T 1 #6 0 10" T & B 9-#6 @ 10" T
17-#6 0 5 9 17-W6 �45 8
SECTION
S�LE: 3/4' - 1'-0'
PEND BARS RADIALLY
UNLESS SHOWN OTHERW EDGE OF PLATFORM
ISE 12" PPE PILE
I
PLAN DEMNIL 0 CORNER PILES
S�E� 3/�' = 1 -0* (a
#7 BOWEL SEE @&@
�j L
T P> '/IIs �14
Y
1/4" PLATE
TACK WELD TO PIPE
72" DEEP CONC. SLAB
701
4-
12" SCH 80 PIPE PILE
NOTE: SEE NOTE 2. STEEL PIPE PILE NOTES ON DRAWING S-2
SECTION 0 12" PIPE PILE HEAD
S�LE: I' - 1 -0'
LOOKING BAR WHEN
ct�
P-. -�1/4" PI -
#4 IN �LNILH J� -UNd
GATES ARE CLOSED 5
5
u #6, SEE
.3" ll
#4 0 16"
LOCKING BAR WHEN
1 "0 GALV. BOLT & NUTS
I
1 1/4"o SCHEID 4C
GATES AR E OPEN
SLOPE
STEEL PIPE
IT-
BASE PL BY CRANEVEYOR
2" MIN, GROUT
�'x
GALV. NUT & WASHER
Tyr,
3/16" 9 9
.
I
REMOVE EXISTING
3/16'. /'OP
@
S-3 -3
S-3
SHEET PILE CAP �
u
STEEL PIPE SLEEVE
#5
a.
L
3/16" RAII-
l' -O" DEEP GONG. SLAB
CHAIN LINK,
3" CLR.
SEE OWC. S-2 & S-3
Tyr.
GAI-V. PLATE WASHER
1/2"x4" SQUARE
:2
#5 0 lo., T&B
FOR EACH BOLT
22-#5
0 5" 7&B
:2
SECTION
S�LE: 3/4' -
EXIST. SHEET PILES
9
1� 1z.
8-#7 DOWELS
EDGE OF PLATFORM 12" PIPE RILE
BEND BARS RADIALLY
UNLESS SHOWN OTHERWISE
PLAN DETAIL 0 INTE01EDLATE PILES
S�I-E: 3/4' � I' -D" @
( �7
S- �3
Typ.
5'-0"0 BASE PL
BY CRANEVEYOR -/ I
.HOIST BASE PLATE PL4.N
SC&E 1/2' = 1'-0'
REVISIONS
J-
WHERE OCCURS
NOTE:
SEE OWG. NO, S-4
FOR LOCATION OF CURB
8-#7 BOWELS
#5, SEE Q
9-#5 0 10" T 1 #6 0 10" T & B 9-#6 @ 10" T
17-#6 0 5 9 17-W6 �45 8
SECTION
S�LE: 3/4' - 1'-0'
PEND BARS RADIALLY
UNLESS SHOWN OTHERW EDGE OF PLATFORM
ISE 12" PPE PILE
I
PLAN DEMNIL 0 CORNER PILES
S�E� 3/�' = 1 -0* (a
#7 BOWEL SEE @&@
�j L
T P> '/IIs �14
Y
1/4" PLATE
TACK WELD TO PIPE
72" DEEP CONC. SLAB
701
4-
12" SCH 80 PIPE PILE
NOTE: SEE NOTE 2. STEEL PIPE PILE NOTES ON DRAWING S-2
SECTION 0 12" PIPE PILE HEAD
S�LE: I' - 1 -0'
ELEVATION
SCALE: 1"= 1'-0"
ENGNEER
DESIGNER C) 70
CASH & ASSOCIATES CAD OPERATOR OLD
ENGINEERING AND ARCHITECTURE CHECKER ARC
(714) 895- 2072 PROJECT MANAGER RHM
1/2"0 BOLT,
OPTIONAL
Ty a Yx 1/4" x 6"
p>1—v 1 1/4" f�
TOP FAIL OF GATE
SECTION
SCALE: 1 1/2"= V -O"
2"x 1/4"
1/2" 0 801T
SECTION -0
SCALE: 1 1/2"= 1'-0"
BAHIA CORINTHIAN YACHT CLUB I /A'
1601 SAYSIDE DRIVE, NEWPORT BEACH, CA. 92625 Lf ---
PROJECT NUMBER
BOAT HOIST 5751.00
DRAWING NUMBER
PLATFORM DETAILS S-3
LE
LOOKING BAR WHEN
P-. -�1/4" PI -
GATES ARE CLOSED 5
5
.3" ll
LOCKING BAR WHEN
1 "0 GALV. BOLT & NUTS
I
1 1/4"o SCHEID 4C
GATES AR E OPEN
GALV. LEVELLING NUT
STEEL PIPE
BASE PL BY CRANEVEYOR
2" MIN, GROUT
�'x
GALV. NUT & WASHER
Tyr,
3/16" 9 9
9 10 Tyr
3/16'. /'OP
1 "0 SCHEDULE 40
S-3 -3
S-3
5-3 S-3
STEEL PIPE SLEEVE
3/16" RAII-
l' -O" DEEP GONG. SLAB
CHAIN LINK,
ENO OF POST GATE OF GATE
SEE OWC. S-2 & S-3
Tyr.
GAI-V. PLATE WASHER
1/2"x4" SQUARE
FOR EACH BOLT
END OF POST GATE
---T ------- =- -- -TOP Or PLATFORM
ELEVATION
SCALE: 1"= 1'-0"
ENGNEER
DESIGNER C) 70
CASH & ASSOCIATES CAD OPERATOR OLD
ENGINEERING AND ARCHITECTURE CHECKER ARC
(714) 895- 2072 PROJECT MANAGER RHM
1/2"0 BOLT,
OPTIONAL
Ty a Yx 1/4" x 6"
p>1—v 1 1/4" f�
TOP FAIL OF GATE
SECTION
SCALE: 1 1/2"= V -O"
2"x 1/4"
1/2" 0 801T
SECTION -0
SCALE: 1 1/2"= 1'-0"
BAHIA CORINTHIAN YACHT CLUB I /A'
1601 SAYSIDE DRIVE, NEWPORT BEACH, CA. 92625 Lf ---
PROJECT NUMBER
BOAT HOIST 5751.00
DRAWING NUMBER
PLATFORM DETAILS S-3
LE
REMOVE & SALVAGE
EXISTING BOAT HOIST
FENCE 24'-10%(EXIST.I SLIDING GATE). I PrunVF THIN �FrTlnN I EXISTING FENCE
& RAILING
@OAT
5-2
ffls�
— ExisriNG
SEAWALL
DOCK
PLATFORM 3/16- CAP
PL. TYR
6 . _O" 6'-0 7'-5" 7 _S"' 6 _O" 6,-0" 3/H6"o
NEW GUARDRAIL 6'-0" 6" 11/2 "0 r5 STL.
SEE BET. SCHEDULE- 40 PIPE CHAIN
4 S-4 TYP. RAIUIIIG
7 Typ.
S-4 318"0 STL
NEW PLATFORM ROD CA 5/16" THREADED
SEE SHEET S-3 TYP. CHAIN CONNECTOF
SCHEDULE 40 TYPE 316 2" SCHEDULE 40
6'-6" 2" TYPE 305 Cu STAINLESS STL ,GUARCAIL POST
I PIPE- TYP. RAILING POST 2" SCHEDULE 40 STAINLESS STL.
'�L�-EXISTING SEAWALL GUARDAIL POST-,
TYR. POST
BASE PLATE
GUARDRAIL ELEVATION 'L13 GUARDRAIL ELEVATION CHAN CONN CTION DIETAL CHAN CONNECTION DETAIL r6
S�E; 1/4' 1'-0' 5-4 S�LE: 1/4' - V-0' (�S �-4 SCALE: 1 1/2" - 15 S�LE: 1 1/2' - V-0" S-4
NOTES FOR FENCE, GATES & GUARD RAIL
GENERA GUARD RAI
1. CONTRACTOR SHALL INSPECT THE EXISTING FENCE AND GATE AND PREPARE A OESGN-BUILO 610 FOR THESE ITEMS BASED ON THE DRAWINGS GUARD RAIL PIPE SHALL BE HOT -DIP GALVANIZED AFTER FABRICATION.
AND THESE NOTES. DETAILED DRAWINGS SHALL BE SUBMITTED TO THE OWNER FOR APPROVAL BEFORE FABRICATION BEGINS, ALL OTHER PARTS SHALL BE GALVANIZED, EXCEPT WHERE
STAINLESS STEEL IS SPECIFIEO.
2. THE CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND SITE CONDITIONS BEFORE STARTING WORK.
4 4
FENCE
4 1 -9
2" THE NEW FENCE SHALL BE THE SAME HEIGHT AND CONSTRUCTION AS THE EXISTING.
AA.
A- 0
3/8" BASE PL -f221'. I C" LG. 2" PRGJ. WHERE THE EXISTING FENCE IS REMOVED, CONTRACTOR SHALL PROVIDE SUITABLE SUPPORT FOR THE ADJACENT REMAINING FENCE
L: USING SIMILAR SIZES AND CONSTRUCTION. ALL NEW FENCING MATERIALS SHALL BE GALVANIZED.
J. WHERE THE NEW FENCE WILL SUPPORT THE NEW GATE, CONTRACTOR SHALL PROVIDE NEW PIPE SUPPORTS
FOR THE GATE THE SAME, OR SIMILAR TO, THE EXISTING PIPE SUPPORTS FOR THE EXISTING GATE.
41
f
4
4. THE CHAIN LINK FABRIC FOR NEW FENCING SHALL BE THE SAME AS THE EXISTING FENCE.
2'/2" PIPE GATES
GUARDRAIL POSTk3/16 1. THE EXISTING GATE SHALL BE CAREFULLY REMOVED AND MAY BE MODIFIED TO PROVIDE ONE OF THE NEW GATES,
THE EXISTING GATE AND HARDWARE MAY BE USED IN CONSTRUCTING ONE Of THE NEW GATES PROVIDED THE PARTS ARE NOT DAMAGED
AND ARE SERVICEABLE. IF THE EXISTING CArE IS NOT REUSABLE. BOTH NEW GATES SHALL BE IN ACCORDANCE WITH THE NOTES BELOW.
2. THE NEW GATE (OR GAHES) SHALL BE CONSTRUCTED OF THE SAME SIZES AND TYPES OF MATERIAL
AS THE EXISTING GATE, INCLUDING THE HARDWARE.
3. ALL NEW MATERIALS SHALL BE GALVANIZED. IF THE EXISTING MATERIALS ARE USED, THEY SHALL BE RE -GALVANIZED
POST BASE PLATE PLAN IF NECESSARY TO MATCH THE NEW MATERIALS.
S�E: 1 1/2' - 1'-0' S-4 4. THE CHAIN LINK FABRIC FOR NEW GATES SHALL BE THE SAME AS THE EXISTING GATE,
BAHIA CORINTHIAN YACHT CLUEB
DESIGNER 1601 BAYSIDE DRIVE, NEWPORT BEACH, CA. 92625 S NOTED A
PROJECT NUMBER
CASH & ASSOCIATES CAD OPERATOR OLD
575i.00
1/28/0 SUBMIT TO CLIENT RHM ENGINEERING AND ARCHITECTURE BOAT HOIST
CHECKER
2a DATE DESCRIPTION BY ARC DRAWING NUMBER
REVISIONS (714) 895- 2072 PROjECT MANAGER RHM FENCE, GATE, AND GUARDRAIL DETAILS S-4
RFDLJCFn SrT - Q0T TO Rr.Al r
CHANCE ANCHOR NOTES
SCOPE OF WORK
EARTH ANCHORS:
INSTALLATION PROCEDURE:
ANCHOR TESTING:
FURNISH ALL SUPERVISION. LABOR TOOLS EQUIPAII ANQJWkMRIAlS
1, LEAD SECTIONS SHALL BE AS MANUFACTURED By NEA 8 CHANCE CC, INC
1. POSITIONING AND ALIGNMENT:
1. THE ANCHOR TESTING PROGRAM SHALL CONSIST OF TWO PARTS
NECESSARY TO INSTALL EARTH ANCHORS WHERE SHOWN ON THE DRAWINGS, AS SPECIFIED
OF CENTRALIA- MISSOURI, SPECIFIC LEAD SECTIONS ME OWNThED STY CHANCE
a. THE ANCHOR SMALL PENETRATE THE RETAINING STRUCTURE AT THE LOCATION
PERFORMANCE TESTS AND PROOF TESTS.
... SIN, AND AS NEEDED FOR A COMPLETE AND PROPER INSTALLATION ALSO
CATALOG NUMBERS AT THE INDIVIDUAL ANCHOR LOCATONS SHOWN1 ON THE ORAYINGS.
THE DRAWINGS
INCLUDED ARE PROVISIONS FOR MSTNG OF ANCHORS.
SIlOMN ON
2. PERFORMANCE TESTPACCISOURE
2. THIN MD BAR TENDONS SHALL MEET THE MINIMUM ULTIMATE STRENGTH AND GAMMA
V THE BOLT60 COUPLING PROVIDED WITH THE THRONG SAN ADAPTER SMALL Be U890
VERY ANCHOR SMALL MEET THE REQUIREMENTS OF THE TEST.
DEFINITIONS
REQUIREMENTS INDICATED AT THE INDIVIDUAL ANCHOR LOCATIONS SHOWN ON THE
TO CONNECT NII.PELICAL LEAD SECTION AND THE ADAPTER, rOMMN COUPLING
DRAWINGS. ALL TENDONS SHALL 09 ONE PIECE OR COUPLING CONNECTING THREAD
BOLTS TO APPAOXIMATELY AS FT�g OF TORQUE.
THE PERFORMANCE TEST SHALL BE CONSIOGREDMETWHEN THE AVERAGE
1. EARTH ANCHOR: AN WITH ANCHOR IS A TENSION-SEARNG ELEMENT CONISSTING OF A
TENDONS SHALL BE CHECKED FOR CLEARANCE IN HCRULOW CORE WIMNCH SYSTEM.
TORQUE FOR THE LAST 3 FOGY OF PMETRATON IS EQUAL TO NO
HELICAL LEAD SECTION AND 1JICIMNSIONS AND TENDON.
2. ADVANCING THE HELICAL UON) SECTION
MINIMUM INSTALLATION TORQUE AJI SHOWN ON THE DRAWINGS.
3. THREMID MR ADAPTERS SMALL BE RESTRICTED TO THOSE PRONTOED WIN THE LEAD
SECTIONS SUPPLIED By THE & B. C�ll CO. INC.
A ENDING E AND ADVANCE THU LEAD SECTION IN A SMOOTH AM CONTINUCLS MANNER.
IN THE EVENT THE RESULTS OF Y HE PERFORMANCE MST Me UNSAWFACTONY
2. HELICAL LEAD SECTIOW THE HELICAL LEAD SECTION CONSISTS OF ONE OR MORE
AVOID ABRUPT STARTS AFTER INTERRUPTIONS.
TO THE ENGINEER. THE CONTRACTOR SMALL CONTINUE TO TURN THE ANCHOR
STEEL HELICAL PLATE$ WRI TO A STEEL SHAPTI IT 16 ALVANCIED IWO
THU SOIL BY ROTARY POWER EQUIPMENT USING MELLON CORE WRENCH TOOLING.
4. INDIVIDUAL ANCHORS HAVE BEEN DESIGNED TO SU97NN THE WORKING
b APPLY SMFFIC16NT DOWN PRESSURE TO ADVANCE THE LEAD SECTION APPROMMAMLY
U TIL THE AVERAGE TORQUE FOR S FE9TGP NI REVENUE ME
N'
MINIMUM INSTALLATION TORQUE M S.I ON, THE DNA,I
INDICATED ON THE DRAWING WITH AN APPAORRIAM FACTOR Of WSTY AMID THIN
3 INCHES PER REVOLUTION, 'ME RATE OF ROTATION AND MAGNITUDE OF DOWN
3. TENDON: A TENDON 13 COMPRISED OF HIGH TENSILE STRENGTH AL.-TSFUSNO W.
ACCEPTABLE MOVEMENT CRITERIA. THIS DOES NOT PRECLUDE THE FARSENNUTY OF
PRESSURE MUST Be ADJUSTED FOR OIFFGMNT SOL CONDITIONS AND DEPTHS IN
S. PROOFMSTPROCED)RIS:
A THREAD MR ADAPTER 10 USED TO CONNECT THE nNOON TO THE LAST EXTENSION
REDESIGN �USINO DIFFERENT ANCHOR COMPONENTS) IN THE SANSENT THE ANCHOR TESTS
00 NOT YIELD SATISFACTORY RESULTS.
ORDER TO MAINTAIN THE PENETRATION RAM
CONTRACTOR SMALL PROVIDE TEMPORARY STRUCTUML. ELEMENTS TO SPREAD THE
SECTION.
3. TERMINATION CRITERIA,
PROOF TEST LOAD TO ADJACENT PANELS,
OTHER
0 THU FIRST ANCHOR INSTALLED SMALL BE PA" MEMO TO 110 PERCENT OF NO
OUAL17Y ASSURANCE
MATERIALS:
I. THE M.IMU. INSTALLATION TORQUE SMALL NOT CIDER) THE TORQUE RATING OF THE
WORKING LOAD AS SHOWN ON THE DRAWINGS,
ANCHOR AS INDICATED ON THE DRAWINGS,
1. USE AZEWAITS NUMOURS OF SKILLED WORKMEN WHO ARE WERIENCED IN THE
ALL OTHER MATERIALS. NOT SPECIFICALLY DESCRIBED BUT REQUIRED FOR A COMPLETE
AND PROPER INSTALLATION OF THIS WORK, SMALL BE NEW. FIRST QLAI.GY
b. BOTH THE MINIMUM INSTALLATION TORQUE AND MINIMUM LENGTH CRITERIA
c. APPLY AN INITIAL SEI LOAD EQUAL TO 2E KIND RECORD INSTUM. TRAINING
AFTER ALL ANCHOR MMEMEW HAS STOPPED.
NECESSARY CRAFTS AND WHO ARE FAMILIAR WITH THE SPECIFIED REQUIREMENTS AND
OF THEIR RESPECTIVE KINDS AND SUOUECT TO NO A,PPROVAL Of THE ENGINEER,
INDICATED ON THE DRAWINGS MUST Be SATISFIED
THE METHODS NEEDED FOR PROPER PGRFORMAINCE OF THE WORK DESCRIBES HEREIN.
z IN THE EVENT THE TORQUE RATING OF THE "MR IS ENCKEDUC BEFORE THE
I. APPLY THE ANCHOR LOAD STEMISE TO ISO PERCENT OF THE PROCW LOAD.
EQUIPMENT REQUIREMENTS:
MINIMUM LENGTH 13 ACHIEVED, THE INSTALI-ATON SMALL BE TERMINATED AND THE
I. IN THE EVENT THE RESULTS OF THE PROOF MST AREUNEATSFACTORY TO THE
Z THE OWNER, THROUGH THE ENGINEER. RUSERVES NO RIGHT OF APPROVAL OF THE
E�0I.EaROAMMERSREPRESE�MgC�AMD,
ENGINEER, THE CONTRACTOR SHALL CONTINUE TO TURN THE ANCHOR UNTIL THR AVERAGE
CONTRACTOR SELECTED FOR THIS WORK. APPROVALWILLBE WED. INFANT. ON.
1. INSTAU.ATIDN MACHINERY
TORQUE FOR 3 FEET OF PENETRATION REACHES 110 PERCENT OF NO MINIMUM
9. DEMONSTRATE0 SUCCESSFUL EXPICRICINCE IN PERFORMING RMAWED WORK.
IN THE EVENT THE 4M SECTION INTENDS MORE THAN 0 PERCENT BUONO THE
INSTALLATION TORQUE AS SHOWN ON 'HE DRAINAGE AM THEN REPEAT THU PROOF
I. EQUIPMENT TO BE USED IN EKECUM`NG THE WONA.
a SMALL SEA ROTARY TYPE. WDRAULICALLY-OPERATEDDRILLINSO MACHINEWTHFORAVARD
MINIMUM LENGTH AND THE MINIMUM INSTALI.ATIONTORWEISNOTYETACHIEVED.
TEST. THIS PROCEDURE SNAULL BE REPEATED UNTIL THU PROOF MOTE SATISFACTORY,
L AJV ACCEPTABLE SCHEDULE OF UNIT PRICES FOR ARWALREVENTAND
AND REVERSE TORQUE CAPABILITIES EQUAL TO ONE AVENER. THIS EQUIPMENT
THE INSTALLATION SHALL BE HERMINATEO AND THE ENGINEER OR OWNERS
AFTER 'HE PROOF MST IS SATISFACTORILY COMPLETED. THU CONTRACTOR SHAUL INI
PAYMENT OF THE WORK
SHAJ.L INCLUDE APPROPRIATE GAUGES TO INDICATE THE DOWN PRESSURE APPLIED.
REPINHIGNTATIVECONI
THE SECOND ANCHOR AND SHALL PROOF TEST IT.
PERCUSSION DRILLING EQUIPMENT WILL NOT BE PERMITTED.
DISEMI FROM THE LEND SECTION WNIOUT THE APPROVAL OF Tla
PROOF TEST. THE INSTALLATION OF THE REIAUNDER Of THE �HORS S�L PROCEED
I COMPLY WIN THE PERTINENT REQUIREMENTS OF GOVERNMENTAL PROMISE HAVING
ENGINEER ON OWNER S REPRESENTATIVE
PROVIDED THE ANCHORS MEET THE PERPORMAV�E MST. IF ANY SUBSEQUENT
JURISNUICN.
b. SHALL HAVE A MINIMUM TORQUE CAPACITY OF �PWRCENT OR 2JIM) FT -UR
GREATER THAN THE RATED CAPACITY OF THE ANKTHOR TO BE HJUSTAJALED, WHICHEVER
A. IN THU EVENT THE LEAD SECT ION 15 STOPPED OR DEFILECTED BY A THEMBURFACE
ANCHORS 00 NOT MEET THE PERFORMANCE TEST, THEY SMALL BE PROOF TESTED
COMPLY VAN THE DIRECTIONS OF THE ENGINEER ON THE DESIGNATED OWNERS
IS LESSER.
OBSTRUCTION THE INSTALI-ATIDN SMALL BE TERMINATIMAND THE ENGINEER ON
OWNERS REPRESENTArIVE CONTACTED.
4. TEST SQUIPMEWREOUREVENTS:
REPRESENTATIVE
c. SHALL BE CAPABLEOF PROVIDING SUFFICIENTOCKNINPRESSUREATTHE
DISENGAGED FROM THE LEAD SECTION WITHOUT THE APPROVAL OF
LNG TEST EQUIPMENT SMALL BE CAPABLE OF APPLYING A TENSION LOAD TO THE
RECOMMENDED RATE OF ROTATION WITHIN THE SCi� MATERIALS ASSOCIATED WITH
THIS PROJECT.
THE ENGINEER OR REPRESENTATIVE
ANCHOR EQUAL TO 120 PERCENT OF THE DESIGN WORKING LOAD INDICATED ON THE
SUBMITTALS
1. THE AVERAGE TORQUE FOR THE LAST 3 FEET OF PENETRATION SMALL BE USED AS A
GRAMME
1, WTHIN SVEN (7) CALENDAR DAYS AFTER THE CONTRACTION HAS RECEIVED THE
d. SHALL HAVE SUFFICIENT CAPACITY FOR REVERSE ROTATION AND UPJPT TO WTHISTUMN
WENCH FROM INSTALLED DEPTH.
WIS OF COMPARISON WITH THE MINIMUM INSTALL -WON TORQUE
b. THE TEST EQUIPMENT SHALL BE CAPABLE Of IMRMSINIQ OR DECREASING T-9
OWNERS NOTICE TO PROCEED. SUBMIT TO THE ENGINEER FOR REVEV�, THE
g. THE COMPLETED ANCHOR INSTALLATION SHN-L BE WITHIN 5 DEGREES Of THE
APPLIED LOAD INCREMENTALLY. THE INCREMENTALCONTROLDNA.LBUSUPFCENTLY
PROPOSES SUBCONTRACTORS QUALIFICATIONS. A USTANDOESCRIPTON Of
a. SMALL HAVE A DRIVE HEAD CAPABLE OF MULTIPLE POSITIONING TOACCOMMODAM
INCLINATIONSHICANNONTHEORAWNES.
SENSITIVE TO MARKS THE SMUMUL ADJUSTMENTS NECESSARY TO MAINTAIN AN APPLIED
EQUIPMENT TO BE USED, THE SCHEDULE OF UNIT PRICES AND THE PROPOSIED SCHEDULE
ATIMUSTMENTSINANCIAGRALIGNMENT.
LOAD FOR A SUSTAINED PERIOD OF TIME
Z PROVIDE FIELD COPIES OF INSTALLATION RECORI AND TEST REPORTS TO THE
I, SMALL BE MAINTANEO IN GOOD VMNKINO ORDER AND WE TO OPERATE AT ALL TIMES.
P, CONTRACTOR SHALL PRE -TENSION EACH ANCHOR WIN MOON BEFORE SRI
TMEANCHCI
m THE TEST EQUIPMENT SMALL EMPLOY A REACTION SYSTEM SUITABLE FOR ME RANGE of
ENGINEER OR OWNER S REPRESENTATIVE ON A DAILY WIS. FORMAL COPIES SHALL
I INSTALL-ATION TOOLING S�L CONSIST OF A DRIVE END ARENCH, WRENCH
INSTALLATION RECORDS.
TEST WAGE ASSOCIATED WITH THIS PROJECT. THE DIRECTION OF THE APPLIED LOAD
SHALL BE COULINEAR WITH THE �MQR AT ALL TIMES
BE SEW TO THE ENGINEER S OFFICE ON A WEEKLY WIS.
AND OTHER TOOLING AS A TORQUE MONITORING DEVICE IS REWIRED.
A� MONITOR INSTALLATION TORQUE CONTINUOUSLY, RECORD TORQUE FOR THE OWNS
d THE TEST EQUIPMENT SMALL INCLUDE MEASURING DEVICES SUFFICIENT TO DETECT
A INSTALLATION RECORDS SHALL INCLUDE. BUT ARE NOT LIMITED TO. THE FOLLOWING
3. ALL INSTALLATION TOOLING SHALL BE CAPABLE OF TRANSIMITTINO THE MANIMUM TORQUE
LEAD SECTION INSTALLATION
ANCHOR MOVEMENTS OF 0 005 FEET IN A DIRECTION CORUINEAR WN ME ANCHOR SHAFT.
MEASUREMENTS SHAI-L BE WOE TO THE MEANEST 1M FEET.
INFORMATION:
OF THE INSTALLATION WICHINERY.
b. SUBMIT TO THE ENGINEER A COMPLETE INSTALLAMCNI RECORD.
ATHE TEST EQUIPMENT SHALL BE MAINTAINED IN GOOD WORKING ORDER TO OPERAM
a. NAME OF PROJECT.
4. TORQUE MONITORING DEVICE
AT ALL TIMES.
lo, NAME OF COMMICTON.
� NAME OF CONTRACTOR 9 SUPERINTENDENT.
a. SMALL BE CAPABLE OF PROVIDING CONTINUOUS MWUREMENT OF APPUED TDRONJE
S. TESTING RECORM
d. DATE AND TIME OF INSTALAAMON.
THROUGHOUT NE)NSTAl.AHCN PROCESS,
a. NAME ANUMOGEL OF INSTALLATION EQUIPMENT.
S. SHALL BE CAPABLE OF TORQUE MEASUREMENTS IN INCREMENTS UP SON FT -1-8, OR LURE
ARECOND ALL ANCHOR MOVEMENTS TO ME NEAREST DOE TEST,
I. TYPE OF TORQUE INDICATOR.
LOKATON Of AMNON
a SMALL BE SUBJECT TO REASORABLU5 CARE AND PROTECTED FROM SMOCK OR IMPACT
b.MVMNTATN A DATA PLOT OF LOAD VERSUS MOYEASENT DURING THE PROOF MST
g.
h. ELEVATION OF ANDHOR TIP.
DURING USE, STORAGE AND TRANSPORTATION. A TORQUE INDICATOR SMALL- BE
PROCEMRS
1. IDERTIFICATION OF LEAD AND EXTENSION SECTONE JIMANUFACTLNERS UESCRIPHON
RECALISNATUO;F� IN THE OPINION OF NE ENGINEER OR OWNERS REPRESENTATIVE,
c SUBMIT COPIES OF THE COMPLETE TEST RECORD TO THE ENGINEER
.0 CATALOG NUMESER),
IT HAS BEEN EXPOSED TO CONDITIONS WHICH MY AOMENSELY INFLUENCE THE
J. IDENTIFICATION Of TENDON (MANUFACTURER, DIAMETER MINIMUM UI STRENGTH).
ACCURACY OF THE TORQUE MEASUREMENTS.
I, TOTAL LENGTH Of ANCHOR LEAD AND EXTENSION SECTIONS AND TENOWSH.
1. INCLINATION OF ANCI-fUN.
m. INSTALLATION TORQUE AT 10 PERCENT IHMAVAJR OF DEPTH,
P. COMMENTS. PERHMNING TO INTERRUPTIONS, OBSTRUTDTIMS, AND OTHER PERTNENT
WORMAURON.
4. MST REPORTS SMALL INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING INFORMATION
a. NAME OF PROJECT.
I. NUUME OF CONTRACTOR.
c. NAME OF CONTRACTOR'S SUPERINTENDENT.
1. DATE. TIME. .0 OURATON OF MST.
A. TYPE ON MET.
f NAME OF TEST EQUIPMENT AND DESCRIPTION OF MST SET UP
I. LOCATION Of ANCHOR AND IDENTIFICATION NUMBER.
N. LCAJO INCREMENTS AND DURATION OF EACH MHEMONT.
1. CUMULATIVE ANCHOR MOVEMENT AFTER EACH INDREMENT,
J. WkNIMUM A�IED LOAD
I. COMMENTS PERTAINING TO INTERRUPTIONS, EQUIPMENT AND OTHER
PENTINENTINFORMATION.
5L SUBMIT A CALIBRATION REPORT FOR EACH TORQUE INDICATOR TO BE USED ON THE
PROJECT. SUBMITTAl IS TO PRECEDE THE USE OF THE TORQUE IMCATOR, THE
CALIBRATION REPORTS SMALL INCLUDE, BUT ARE NOT UMSMD TO THE FOLLOWING
INFORMATION
a. NAME OF TESTING AGUNKDY.
b. NAME OF TRWECT
Q NAME OF CONTRACTOR.
B, IDENTIFICATION OF TORQUE INDICATOR,
a. DESCRIPTION OF TORQUE INDICATOR.
I SAM OF CAUSHATON.
CALOIRAYON OATA.
CASH & ASSOCIATES
ENGINEER ARC
BAHIA CORINTHIAN YACHT CLUB
1601 BAYSIOE DRIVE, NEWPORT BEACH, C& 92525
-
SCALE
NONE
DESIGNER OLD
13/28/0
PROJECT NUMBER
CAD OPERATOR OLD
ENGINEERING AND ARCHITECTURE
(714) 895-2072
BOAT HOIST
CHANCE ANCHOR NOTES
5751.00
SUBMIT TO CLIENT RHM
CHECKER ARC
0RAWJNG NUMBER
S-5
DATE DESCRIPTION BY
PROJECT MANAGER
REVISIONS
RHM
- - - - - - - - - -
EXISTING CAP
T-
113/4"ROUNCED
CORNER SQUARE I
STEEL SHAFT
1"0 "OYWIDAG"
THREAUBAR I
BY "CHANCE --------- T----\
1" "DYWIDAG" 13AR I
ADAPTER I
BY "CHANCE", r--da-o
-�- - �-,74 11
.,U�tu ��L�
WEB & FLANGES TYP\l-
W8 TYR. W/5/8"O CONC. ANCHORS @ 48"
SEE METAL FASTENINGS NOTE, DWO. T-1
(I PER SHEET PILE PANEL)
5" MIN. FROM SHEET PILE JOINT
STIFFENER PL TYP-SEE
1 1/2 x 10 x l'-5"
Sh
TAPERED PL W/
1 1/8"0 HOLE T
�"CHANCE" ANCHOR
0 FACE OF' PILES
IP, EL +5.85'
FACE OF EXISTING SHEET PILES
DETAIE'-A-'
S�E� 1 1/2' = 1 -0' @
REVISIONS
5/8" 0 REDHEAD
SELF DRILLING CONCRETE
ANCHOR 0 48"
TYP. 0 W8 WALE
WE WALE
W8 WALE
NOTES
1. MIN. TORQUE FOR PERFORMANCE TEST = 5,000 ft -lbs
2. MIN. TENSION FOR PROOF TEST = 50,000 lbs
EXIST, CAP
"CHANCE" ANCHOR 0
FACE OF PILES
W.P, EL +5.85'
CORE 4"o HOUE IN
EXIST. SHEET PILE
EXISTING GONG. EXISTING FLOATING MAIN WALK
SHEET PILES
EXISTING GONG. WALE
EXISTING STEEL PILES
SECTION G -
SCALE: 1/2' = V-0' FCR LOCATIONS OF CHANCE ANCHORS SEE PLAN, DWG. S-2,
1/2" GAP BETWEEN WALES
AT CENTER ANC40R ONLY
"CHANCE" ANCHOR & PLATES
R 1/2'. STIFFENER PL BEYOND
T P. SEEr2
YR
-TAPSERED PL
'1 1/2" PL
3 SIDES
61 TYR 0 EA. WALE
CASH & ASSOCIATES
ENGINEERING AND ARCHITECTURE
(714) 895— 2072
ARC E3AHIA CORINTHIAN YACHT CLUB
�—Lo 1601 BAYSIDE DRIVE, NEWPORT BEACH, CA, 92625
OLD
BOAT HOIST
ARC
CHANCE ANCHOR DETAILS
�CAU`
AS NOTED
'ROJECT NUMBER
5751.00
S-6
EXCAVATE TRENCH TO
INSTALL LEAD SECTION OF
"CHANCE"
ANCHOR, BACXFILL AFTER,
ANCHOR IS INSTALLED
& TESTED. SEE "GENERAL"
SECTION
OF GENERAL NOTES, ELEV.
NOTE:
CWG T-1 & "ANCHOR
TESTING" ON OWG S-7
-.- .. - -- -� , 1, 1
/.-,
I 1 1. I
NOTE:
AFTER THE HOIST PLATFORM HAS BEEN COMPLETED
REMOVE EXIST, CONCRETP
AND THE CONCRETE HAS REACHED ITS SPECIFIED
FOUNDATION TO
"CHANCE'
INSTALiL
STRENGTH, THE CONTRACTOR SHALL:
MIDDLE
ANCHOR
I . RELEASE THE TENSION ON THE CHANCE ANCHORS
S"(as
AND REMOVE THE THREADBAR ADAPTER. THE
2
TAPERED PLATE AND THE 1.5 INCH BEARING PLATE.
....
2. REMOVE THE CONCRETE ANCHORS ATTACHING THE
WIDE FLANGE WALES TO THE EXISTING CONCRETE
EXISTING TIE BACKS
SHEET PILE AND REMOVE THE WIDE FLANGE WALES.
PROTECT IN PLACE
3. GROUT THE HOLES IN THE EXISTING CONCRETE SHEET
PILE AT THE LOCATION OF THE CHANCE ANCHORS
1 3/4" "CHANCE" ANCHOR
AND THE CONCRETE ANCHORS.
4. REMOVE ANY REMAINING MARKS CAUSED BY THE
INSTALLATION AND/CR THE USE OF THE CHANCE
HELIX
SIZE
ANCHORS.
12"
CAISSONS
EXISTNG
-1-111
- - - - - - - - - -
EXISTING CAP
T-
113/4"ROUNCED
CORNER SQUARE I
STEEL SHAFT
1"0 "OYWIDAG"
THREAUBAR I
BY "CHANCE --------- T----\
1" "DYWIDAG" 13AR I
ADAPTER I
BY "CHANCE", r--da-o
-�- - �-,74 11
.,U�tu ��L�
WEB & FLANGES TYP\l-
W8 TYR. W/5/8"O CONC. ANCHORS @ 48"
SEE METAL FASTENINGS NOTE, DWO. T-1
(I PER SHEET PILE PANEL)
5" MIN. FROM SHEET PILE JOINT
STIFFENER PL TYP-SEE
1 1/2 x 10 x l'-5"
Sh
TAPERED PL W/
1 1/8"0 HOLE T
�"CHANCE" ANCHOR
0 FACE OF' PILES
IP, EL +5.85'
FACE OF EXISTING SHEET PILES
DETAIE'-A-'
S�E� 1 1/2' = 1 -0' @
REVISIONS
5/8" 0 REDHEAD
SELF DRILLING CONCRETE
ANCHOR 0 48"
TYP. 0 W8 WALE
WE WALE
W8 WALE
NOTES
1. MIN. TORQUE FOR PERFORMANCE TEST = 5,000 ft -lbs
2. MIN. TENSION FOR PROOF TEST = 50,000 lbs
EXIST, CAP
"CHANCE" ANCHOR 0
FACE OF PILES
W.P, EL +5.85'
CORE 4"o HOUE IN
EXIST. SHEET PILE
EXISTING GONG. EXISTING FLOATING MAIN WALK
SHEET PILES
EXISTING GONG. WALE
EXISTING STEEL PILES
SECTION G -
SCALE: 1/2' = V-0' FCR LOCATIONS OF CHANCE ANCHORS SEE PLAN, DWG. S-2,
1/2" GAP BETWEEN WALES
AT CENTER ANC40R ONLY
"CHANCE" ANCHOR & PLATES
R 1/2'. STIFFENER PL BEYOND
T P. SEEr2
YR
-TAPSERED PL
'1 1/2" PL
3 SIDES
61 TYR 0 EA. WALE
CASH & ASSOCIATES
ENGINEERING AND ARCHITECTURE
(714) 895— 2072
ARC E3AHIA CORINTHIAN YACHT CLUB
�—Lo 1601 BAYSIDE DRIVE, NEWPORT BEACH, CA, 92625
OLD
BOAT HOIST
ARC
CHANCE ANCHOR DETAILS
�CAU`
AS NOTED
'ROJECT NUMBER
5751.00
S-6
ELECTRICAL SPECIFICATION
1, ALL WORK SHALL Of A FJUL COMPLIANCE WIN Ad. APPUCASKE
COOES. GENERAL CNIMONS AND OVEN I APPLY DO MIS SECTION,
2. ME CONTRACTOR SHAUL APPLY AND PAY FOR AL_ PERMITS ANO/OR ART
INSPECIOGN REQUIRED BY UEG&_ AUTHORITIES.
3, ME CONTRACTOR SMALL DO ALL CUDONG ADD PATCHING OF EXSRC
CONSTRUCTION WHOM MAY BE REWIRED FOR ME INSDAUAIW OF
ANY NEAN MCRICAL WORK.
4. ME CONTRACTOR SHALL BE SCi AND COAII RESM41BLE
FOR CONDITION OF PRIEWSESS On WHICH ME WORK IS PERFORMED 40
FOR SAFETY OF ALL PERSONS ADD PROPERTY ON ME SITE DURING
PERFORMANCE OF ME CONTRACT.
5 CONDUIT SHAR. CORKY WIN ME RENTINENT OF U,L COMMIT
MALL BE RKHO. STANDARD WRIGHT CALVANIM STEEL CORDUT.
PVC SCHEDULE 0 CONTORT SMALL BE USES FOR AU UNDERGROUND
RUNS, PROVIDE M COOKED EUSKAN AMID RISER 9 REQUIRED.
6. CONDUIT SKI 9 SUPPORTED ADD IFFOR FOR CODE.
7. NON-WHITALLIC BUSHING OR INSULAID WEAAC DUSANO MAUL BE
USED FOR ALL CONDor miumnows.
8. CONDUCTORS $FAR BE TYPE W 75 OGREE C. OR TIRE
SO DEGREE C. NET VOLT INSUI.CION COPPER CONDUCTORS.
I GROUNDING SPAR BE EXECUTED IN ACCORDANCE MARK CODES.
10. PAVELSOARD SAAR 9 WEITHERPROOF FOR SURFACE MOUNTING 9
INDICATED ON ME MARKS COMPLETE WIN THERMAL MACHETE
CIRCUIT BREAKERS. EXISTS, HINKED UCCXQLE OEM ETC. 4
JUGOUIREO. ALL PEANUTS SHULL HAVE UNIMUM FULL MID
INTERRUPI CANON OF ITODO AMPIRTS STAURHI FOR 120/208
YOLt PAXIELS. BUS SNI BE WED FOR MINIMUM 5GOOD AMPERES
MUCTRICN. PENCE WE -UTE ENCRAVED WEPLATE FOR ME
PANELS INDICAIRC PANEL WE AND VOLTAGE AND PHASSDS. ?AMEL
BOARDS SHALL BE EQUIPPED WIN GROUND aus ATTACHED To ME
INTERIM OF THE ENCLOSURE.
N. ALL WORK SHALL BE WARANIED BY ME CONTRACTOR FOR A FORM
OF ONE YEAR FROM ME DATE OF ACCEPTANCE OF ME WORK BY ME
OWNER. ANY TROUBLE DEVELOPED DURING ME PENCE) WE TO FAULTY
NATURAL OR WDRKMUTUIP SMALL BE CORPIOCNO BY ME
UNTRACTOR WFOUT ANY CGHT TO ME OWNER.
17. ALL FHASES OF gORK SHVII BE SONEOLLE) TO KEEP SHUT DOWN ADD
CUT MR DUE TO A MINIMUM. Al SUCH SHUT DOWN OF ME
RECUTCAL SYSTEM WHOM WILL INTERRUPT � SERVICE TO CUTTING
FACILITIES BULL SEE WITH ME Mfg IN OWE,
REVISIONS
NOTES
EXIST, POWER Co.
CRUSHED ROCK WE OF S' HIGH AND EXTENDED 5'
BEYOND PULL BOX WE A� AROUND,
FOUR C CONCRETE PAD AROUND PULL BOX TO
PREVENT BINDING BELOW ORADE.
PULL BOX COVER SHALL BE CHROGY IPE IRSETHUTE
OR EOLVAL V 01
POWER CO. PAO-
LABEL COVER 'ELECTRIC'
UNDERGROUND PULL BOX DETAIL
NOT 10 SI
STUB CONDUIT UP WITH PVC COATED GIRS ELBOW AND
RISER OUTSIDE OF CRANE BASE PILATE. PRIGADE W.P
CAST BOX, CROUSE -HINDS JFOI ADD CONNECT TO
CRANE DISCONNECT SWITCH AND FLOODLIGHT SWITCH
WITH SEALTIGHT FLEXIBLE CONDUIT AS REQUIRED.
VERIFY EXACT LOCATION. TYPICAL FOR IWO. �
EXISTING 2-1/2- POWER AND 1-1/2'
TELEPHONE CONDUITS, APPROXIMATE 3'
BELOW GRADE, SHALL NOT BE
DISTURBED. VERIN EMT LOCATION IN
FARE.
FT_ BLMCTVlCG�lLySNiJlNSEEoR5
EXIST. POWER COMPMY
PAD -MOUNT RANSF.
NEW W.P. PANEL 'HA MOUKTO
ON THE BACK SIDE OF
EXIST. TEL. BKOO
(2) 3112,2#12,11120.Z/4 -C.
121 VC 0
--EXIST, W.P. VAN SWBD.
PROVIDE I%M PRE -CAST TEL. CAIR
CONCRETE PULL aOX WITH
TRAFFIC COVER. SEE
DETAIL THIS SKEET
3112,2112.i/12G,3/4-C. 3112,2# 1 2,1112G,3/4 -C,
0
EXIST HOIST EXIST
FON.
41' C"xl7' 6"
PLATFORM
ly
SINGLE LINE DIAGRAM
11", ... 11" 1 11AHIA CORINTHIAN YACHT CLUE3
CASH & ASSOCIATES I DESIGNER FYT 1601 BAYSIDE DRIVE, NEWPORT BEACH, CA. 92625
ENGINEERING AND ARCHITECTURE I BOAT HOIST AND LAUNCH RAMP
"i ELECTRICAL PLAN AND DETAILS
(714) 895-2072 !PROJECT MANAGER
PROJECT NUMBER
5751.00 1
,WING NUMBER
E-1
EXIST, POWER Co.
PRIMARY SERVICE
�[Xsr.
POWER CO. PAO-
MOUNT FRANSF.
Emig, MN mircHaTCARTO
;20/20V. 31. 4W
ASI GYM
_T - - -
- - -
M
EXIST.
GROUND 1
NOA BUS
SODA -3P
50A
A
150A
PROVIDE NEW SKR.
OF WE ME AND
MFGR TO MICH EX.
P: OF W R PARE. MA
Q 120/208Y. 30. 4W
I.C. -42.00a SYN.
EXIST, OCCK
Exist. DOCK I
RECPr, LOAD
RECPr. LOAD L
DE 20 SINGLE
M
242 7A
117.0h
r
BUSSED SPACES
TOTAL CONNECTED
38P 3HP HEIST HOIST
LOAD = 384,7A
wisr HOIST FLOU FLOG
139MW 39WW NOW 500W
88DOW OR 2SA
SINGLE LINE DIAGRAM
11", ... 11" 1 11AHIA CORINTHIAN YACHT CLUE3
CASH & ASSOCIATES I DESIGNER FYT 1601 BAYSIDE DRIVE, NEWPORT BEACH, CA. 92625
ENGINEERING AND ARCHITECTURE I BOAT HOIST AND LAUNCH RAMP
"i ELECTRICAL PLAN AND DETAILS
(714) 895-2072 !PROJECT MANAGER
PROJECT NUMBER
5751.00 1
,WING NUMBER
E-1
_Ayg-06-01 07:33A
604� f4o;14
014if�,i —
daft
SITE PLAN
. %.I.
.-,I ....
'VICINITY MAP
�. lmm-- (9
I.. . Rli
I,i P.,
CoRtNTHIAN
� CLUB ,
DRkWfNG INDEX
I.i ,, .1. 1 .�, —
MARI
APA
AVMPIR
A
w"P.,, . m
,PIAI
"NAMR,-..
It. ,,Lt A. IA i lilli
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it I.." Ii A
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CASH & AS50CIAT
ES
BMT H015r MO 'VNVNCK RAMP ...
r ..... . . SITE PLAN & VICINITY MAP
,41
4.,
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1. All, I ti't
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AVMPIR
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it I.." Ii A
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CASH & AS50CIAT
ES
BMT H015r MO 'VNVNCK RAMP ...
r ..... . . SITE PLAN & VICINITY MAP
,41
4.,
Aug -06-01, 07.34A
ll� P."AV-.. .1
P. 03
..... .....
- &�40
IP KNN ��Z&E&A�N�J-EhM? .... . ..... .......
CASH ASSOCIATES
....... BOAT HOIST AND WINCH RAMP
GENERAL ARRANGEMENT PLAN
Aug -06-01 07:37A P.01
D�l 1-
NIN I'll
72-il -�z
CASH & ASSOCIATES
VAT 10DT AND I.AUNCH RAW.
SECTC)hl
CITY OF NEWPORTAEACH
CITY OF
NEWPORT BERCH Lp
NEST
HEH
ERY
a
7
BRY
l:'RCjp-jC
OCE-RIV
VICINITY MRP
M3FORT RRY, OLUMM
'4��
C -XI -57'1147
voc�eg
o )- — /�, o
04;(-::-D N&Ul PIL-l"O
R,20pol�/_-D 42
>(I�Tl"G 130TTC.M
WE5T "� I PROF I LE 1 401
JETTY EW I
JETTY [ -SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE
I ELEVATIONS BASED ON MEAN LOWER LOW WATER.
-,V,( r=. -
M 4 - 4'Y'42'
12COOVI-C �;' FIL114G e
6 AIC -kV /0"0 PIPZF PILING,
I PLAN VIEN V =100
IFIPPLICRNT'SNAME13AH/A CORI T"IqV ),'C. I JOB ADDRESS 1601 )3AYS1PZ--:- Ofe JDATE /-/7"�S-
NEWPORT HARBOR SLIP RATES
MAY 2001
MARINA NAME
BOAT SIZE
MONTHLY RATE
1). Bayside Marina
20 - 22 Ft
$17.80
30 - 35 Ft
$19.60
40+ Ft
$23.75
2). Villa Cove Marina
20 - 22 Ft
$16.00
30 - 35 Ft
$18.65
40+ Ft
$22.65
3). Bay Shores Marina
16-26 Ft
$16.00
32 - 38 Ft
$19.00
60 - 68 Ft
$26.15
4). Balboa Marina
16 - 27 Ft
$15.25
28 - 39 Ft
$18.20
40 - 55 Ft
$19.85
5).____ Balboa Yacht Basin
31 - 35 Ft
40 - 45 Ft
- - ----- ---$16.00
$17.00
60 Ft
$20.00
Total Monthly Rate
$285.90
Average Monthly Ra
$ 1 9.06
Total monthly rate $285.90 divide by number of comparable marinas
($285.90 divided by 15 = $19.06)_$19.06 average monthly rate.
BCYC lineal footage of leased tidelands = 2,079 ft.
2,079 x $19.06 (average monthlilill _�at!�) x 12 mths x.09 (percent of gross) $42,795.79
$42,795.79 divided by 12 = $3,566.31 (monthly rental)_
NEWPORT HARBOR SLIP RATES
MAY 2000
MARINA NAME
BOAT SIZE
MONTHLY RATE
1 Bayside
20 - 22 Ft
30 - 35 Ft
40+ Ft
$16.50
$18.15
$22.00
2). Villa Cove
20 - 22 Ft
$15.00
30 - 35 Ft
$17.30
40+ Ft
$21.00
16-26 Ft
$14.85
3). Bay Shores
32 - 38 Ft
$17.60
60 - 68 Ft
$24.20
4). Balboa Marina
16 - 27 Ft
$15.25
28 - 39 Ft
40 - 55 Ft
All
$17.30
$18.90
--ba—l-b-o-a Y-acht Basin
$15.00
$18.00
Total Monthly Rate $267.05
Average Monthly Ratq
Total. monthly rate $267.05 divide by number of comparable marinas
($267.05 divided by 15 $17.80) $17.80 average monthly rate.
BCYC lineal footage of leased tidelands = 2,079 ft.
2,079 x $17.80 (average monthly rate) x 12 mths x .09 (percent of gross) $39,966.69
—divided -by 12 =- t3'1-��d.M�monthly rental)
NEWPORT HARBOR SLIP RATES
MAY 1999
MARINA NAME
BOAT SIZE
MONTHLY RATE
Bayside
20 - 22 Ft
$15.00
30 - 35 Ft
$16.50
40+ Ft
$20.00
Villa Cove
20 - 22 Ft
$15.00
30 - 35 Ft
$16.50
40+ Ft
$20.00
Bay Shores
16-26 Ft
$13.50
32 - 38 Ft
$16.00
60 - 68 Ft
$22.00
Balboa Marina
16 - 27 Ft
$14.50
28 - 39 Ft
40 - 55 Ft
$16.50
$18.00
Balboa Yacht Basin
--------
. ... �1450
Total Monthly Rate
$218.00
Average Monthly Rate
$16.77
Total monthly rate $218.00 divide by number of comparable marinas
($218.00 divided by 13 = $16.769) $16.77 average monthly rate.
BCYC lineal footage of leased tidelands = 2,079 ft.
2,079 x $16.77 (average monthly rate) x 12 months x .09 (percent of gross) $37,654.01
$37,654.01 divided by 12 = $3,137.83 (monthly rental)
MEMORANDUM
Newport Beach Fire and Marine Department
Marine Environmental Division
Date� September 28, 1998
To: Janine Williamson, Revenue Div.
From: Tony Melurn
Subject: Monthly Billing for the Bahia Corinthian Yacht Club
Attached is a copy of a letter we recently received from the Bahia Corinthian
Yacht Club and two checks. The first check, number 1074, is for a prorated
portion of their old permit fee based on amounts due for April and May of 1998.
The second check, number 1075, is for the months of June, July, August and
September under their lease agreement with the City. Their annual billing is
$29,256.50 and they would like this broken down into twelve monthly payments
and would like to be billed monthly. It will be necessary for their annual billing
to be reviewed and adjusted every May. If there is a way for this adjustment to
be triggered internally, it should be done 30 days before the amount is due.
If you have any questions regarding these checks please give me a call at 3041.
�V
IUD
It
September 2, 1998
lony 11elLUT1
Deputy Chief—Mar,ine Depar,tment
331DO Newpoi-t Blvd
Newpot-t Bearh, Ca. 9 2 G S 3
Deai- 14P Melum,
This letter, is in i-eference to ow, Annual Tidelands
(-ease for Bahia Coi,inH-iian Yacht Club, business #
CNI'N'16011. I am enclosing two (2) checks far, payment
an this Lease.
The first check is in the amount of $",930.66. Th i s i s
at the old rate for, the months of April & May, (an n ua 1.
bill is $1.7,584.00 divided by 12 months = 1,465.33 a
Month times two 111onths.
0
The second check is in the amourit- of $9.752.1G..", This is
at Lhe. new rate for, the months of R.tne, July, AUJIUSt and
September. (annual bill is $29,256.51 divided by 1;2. months=
$2',438.04 at month times fol..u- months,
Star,ting (.Ictober, 1, 1998 1, will do a check each month
for- $2,438.04.
Bahia Cor,inthian signed the loan paper,s on June 5, 1.998.
advance for- youi, attention to this matter^,
I thank yokA in L
and if you have any questions, please call Vir-jene Lindsey
@ 949-6114-9530.
1-31 i n c. e., r, e 1 y
ir, ene Lindsey
ntr,ol ler
1601 Bayside Drive + Corona del Mar, California 92625
714/644-9530 + Fax # 714/644-9580
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDM�WTO LEASE (this "Amendment"), made this
day of 1998, by and between the City of
Newport Beach, a mun�1o=pac`Erporaticn and Charter City
("Lessor"), and Bahia Corinthian Yacht Club, a California non-
profit corporation ("Lessee"), is made with reference to the
following recitals:
RECITALS
A. Lessor and Lessee have entered into, or conc ti
herewith are entering into, that certain Lease dated
1998 (the "Lease").
B. Lessor and Lessee desire to supplement and amend the
Lease as hereinafter set forth.
NOW, TUEREFOR, Lessor and Lessee agree that the Lease is
supplemented and'amended as follows:.
1. Add the word "Beach" to the name of the Lessor in the
preamble to the Lease.
2. Add the phrase "Except as contemplated by Section 22 of
this Lease," to the beginning of Section 18 of the Lease.
3. Add a new Section 22 to the Lease as follows:
22. PRO -VISIONS RELATING TO LEASEHOLD MORTGAGES
A. Rights of Leasehold Mortgagees.
(1) Definitions.
(a) The term "Leasehold Mortgage" as used
herein shall include a mortgage, a deed of trust, a deed to
secure debt, or other security instrument by which Lessee's
interest under this Lease and the leasehold estate created
thereby is mortgaged, encumbered, conveyed, assigned, or
otherwise transferred, to secure a debt or other obligation,
and any and all amendments, modifications, supplements,
extensions and renewals thereof.
(b) The term "Leasehcld Mortgagee" as used
therein shall refer to a holder of a Leasehold Mortgage in
respect to which the notice provided for by Section 22A(3)
has been given.
(2) Leasehold Mor=age Authorized. On one or
more occasions, without Lessor's prior consent, Lessee may
mortgage or otherwise encumber Lessee's Leasehold Estate,
JHKUHL 30277 389696 2
under one or more Leasehold Mortgages and assign this Lease
as security for such Leasehold Mortgage or Mortgages.
(3) Notice to Lessor.
(a) If the holder of a Leasehold Mortgage
shall provide Lessor with notice of such Leasehold Mortgage
together with a true copy of such Leasehold Mortgage and the
name and address of the Leasehold Mortgagee, Lessor and
Lessee agree that, following receipt of such notice by
Lessor, the provisions of this Section 22 shall apply in
respect to such Leasehold Mortgage and Leasehold Mortgagee.
In the event of any assignment of a Leasehold Mortgage or in
the event of a change of address of a Leasehold Mortgagee or
of an assignee of such Leasehold Mortgagee, notice of the
new name and address shall be provided to Lessor.
(4) Notices to Leasehold Mortgacrees. Lessor,
upon providing Lessee with any -notice of: (i) default under
this Mease,' or (ii) a terminition of this Lease, or (iii) a
mattef' -- 'on which Lessor may predicate or claim such a default
or termination, shall at the same time provide a copy of
such notice to any Leasehold Mortgagee. No such notice by
Lessor to Lessee shall be deemed to have been duly given
unless and until a copy thereof has been so provided to any
Leasehold Mortgagee. From and after the date such notice.
has been given to Lessee and any Leasehold Mortgagee, any
Leasehold Mortgagee shall have the right to remedy, ccmmence
remedying or cause to he remedied any default or acts or
omissions which are the subject matter of such notice,
within the same cure period as is given Lessee, plus in each
instance, the additional periods of time specified in this
Section 22. Lessee authorizes each Leasehold Mortgagee to
take any such action at such Leasehold Mortgagee's option
and does hereby authorize entry upon the Premises by the
Leasehold Mortgagee for such purpose.
(5) Leasehold Mortgagee's Election to Cure.
Anything contained in this Lease to the contrary
notwithstanding, if any breach or default shall occur and
remain uncured, Lessor shall have no right to terminate this
Lease or exercise any other remedy unless, following the
expiration of the period of time given Lessee to cure such
breach or default, or the act or omission which gave rise to
such breach or default, Lessor shall first notify any
Leasehold Mortgagee of Lessor's intent to so exercise such
remedy, such notice to be given at least thirty (30) days in
advance of the proposed effective date of such exercise if
such default is capable of being cured by the payment of
money, and at least sixty (60) days in advance of the
proposed effective date of such exercise if such default is
not capable of being cured by the payment of money. The
provisions of Section 22A(6) shall apply if, during such
thirty (30) or sixty (60) day period, any Leasehold
3HKUHL 30277 389696 2 -2-
Mortgagee shall notify Lessor of such Leasehold Mortgagee's
desire to exercise its rights to perform under Section
22A(G) and shall:
(a) pay or cause to be paid all rent, and
other payments then due and in arrears as specified in such
notice and which may become due during such thirty (30) or
sixty (60) day period; and
(b) comply or in good faith, with reasonable
diligence and continuity, commence to comply with all
non -monetary requirements of this Lease then in default and
reasonably susceptible of being complied with by such
Leasehold Mortgagee.
(6) Procedure on Default.
(a) If any Leasehcld Mortgagee shall have
proceeded irL-the manner provided Section 22A(5), the period
speci-fied in Section 22A(5) during which Lessor may not
terminate this Lease or exercise any other remedy shall be
extendbd fci� a period of six (6) additional months, provided
that such Leasehold Mortgagee shall, during such additional
six (6) month period:
(i) pay or cause to be paid all rent,
and other monetary obligations of Lessee under this Lease as
the same become due, and continue its good faith efforts to
perform all of Lessee's other obligations under this Lease,
excepting non -monetary obligations not reasonably
susceptible of being cured or performed by such Leasehold
Mortgagee; and
(ii) if not enjoined or stayed, take
steps to acquire or sell Lessee's interest in this Lease by
foreclosure of the Leasehold Mortgage or other appropriate
means and prosecute the same to completion with reasonable
diligence.
(b) If at the end of such additional six (6)
month period such Leasehold Mortgagee is complying with
Section 22A(6)(a), this Lease shall not then terminate, and
the time for completion by such Leasehold Mortgagee of its
proceedings shall continue so long as such Leasehold
Mortgagee is enjoined or stayed and thereafter for so long
as such Leasehold Mortgagee proceeds to complete steps to
acquire or sell Lessee's interest in this Lease by
foreclosure of the Leasehold Mortgage or by other
appropriate means with reasonable diligence and continuity.
Nothing in this Section 22A(G)(b), however, shall be
construed to extend this Lease beyond the original term
hereof as extended by any exercised options; nor to require
a Leasehold Mortgagee to continue such foreclosure
proceedings after a breach or default has been cured. if
JHKUHL 30277 389686 2 -3-
the Lessee's breach or default is cured and the Leasehold
Mortgagee discontinues such foreclosure proceedings, this
Lease shall continue in full force and effect as if no
breach or default under this Lease has occurred.
(c) The making of a Leasehold Mortgage shall
not impose personal liability or any Leasehold Mortgagee for
the performance of any of the terms, covenants or conditions
on the part of the Lessee to be performed hereunder.
Nothing contained herein shall require a Leasehold Mortgagee
to commence any cure or performance on behalf of Lessee or,
once having commenced such a cure or performance, to
continue or complete such cure or performance or require a
Leasehold Mortgagee to commence any remedy or exercise any
right under its Leasehold Mortgage or once having commenced
such remedy or exercise to continue or complete such remedy
or exercise.
.— (d) The purchaserat any sale of this Lease
and o�f-the'leasehold estate hereby created in any
proceedings for the foreclosure of or trustee's sale under
any Leasehold Mortgage, or pursuant to any deed in lieu of
foreclosure, shall be deemed to be an assignee or transferee
of this Lease, and shall be deemed to have agreed to perform
all of the terms, covenants and conditions on the part of
the Lessee to be performed hereunder, but only from and
after the date of such purchase and assignment, and only for
so long as such purchaser or assignee is the owner of the
leasehold estate created hereby. Any such purchaser or
assignee shall not have any personal liability for any
obligations of the Lessee accruing either before or after
such purchaser's period of ownership.
(e) Notwithstanding any other provision of
this Lease, any sale of this Lease and of the leasehold
estate hereby created in any proceedings for the foreclosure
of or Trustee's sale under any Leasehold Mortgage, or the
assignment or transfer of this Lease and of the leasehold
estate hereby created in lieu of the foreclosure of any
Leasehold Mortgage, shall be deemed to be a permitted sale,
transfer or assignment of this Lease and of the leasehold
estate hereby created, not requiring any consent or approval
of Lessor.
B. Termination and New Lease.
(1) New Lease. In the event this Lease is
terminated by reason of the happening of any breach or
default under this Lease which is not cured by Lessee or a
Leasehold Mortgagee under the provisions and within the time
limits set forth above, or in the event of rejection or
disaftirmance of this Lease pursuant to bankruptcy or
insolvency law or other law affecting creditors rights,
Lessor shall give prompt notice thereof to any Leasehold
3 H K U 1i L 30277 3 89686 2 -4-
Mortgagee. Lessor shall, on written request of any
Leasehold Mortgagee, made at any time within sixty (60) days
after the giving of such notice by Lessor, enter into a new
lease of the Premises with such Leasehold Mortgagee within
thirty (30) days after receipt of such request, which new
lease shall be effective as of the date of such termination
of this Lease for the remainder of the term of this Lease,
at the rent provided for herein, and upon the same terms,
covenants, conditions and agreements as are herein
contained; provided that such Leasehold Mortgagee shall:
(a) pay to Lessor at the time of the execu-
tion and delivery of said new lease any and all unpaid sums
for rent and other charges payable by Lessee hereunder to
and including the date thereof, less the net amount of all
sums received by Lessor from any subtenants in occupancy of
any part or parts of the Premises or improvements thereon up
to the date of commencement of such new lease; and
(b) on or prior to the execution and
delivery of said new lease, agree in writing that promptly
following the delivery of such.new lease, such Leasehold
Mortgagee will perform or cause to be performed all of the
other covenants and agreements herein contained on Lessee's
part to be performed to the extent that Lessee shall have
failed to perform the same to the date of delivery of such
new lease except such covenants and agreements which are not
reasonably susceptible of performance by such Leasehold
Mortgagee.
(2) New Lease Priority. Any new lease made
pursuant to Section 22B(I) and any renewal Lease entered
into with a Leasehold Mortgagee pursuant to this Lease shall
be prior to any mortgage or other lien, charge or
encumbrance on the fee interest in the Premises and the
tenant under such new lease shall have the same right, title
and interest in and to the Premises and the improvements
located thereon as Lessee had under this Lease.
(3) Liability of New Lessee. The tenant under
any such new lease shall be liable to perform the obli-
gations imposed on the tenant by such new lease only during
the period such person has ownership of the leasehold estate
created thereby, subject to the possibility of exculpation
noted in Section 22B(l).
(4) Subleases and Rents. After the termination
of this Lease and during the period thereafter during which
any Leasehold Mortgagee shall be entitled to enter into a
new lease of the Premises, Lessor shall not terminate any
sublease or the rights of the subtenant thereunder unless
such subtenant shall be in default under such sublease.
During such period Lessor shall receive all rent and other
payments due from subtenants, including subtenants whose
JHKUHL 30277 389686 2 -5-
attornment Lessor shall have agreed to accept, as agent of
such Leasehold Mortgagee and shall deposit such rents and
payments in a separate and segregated account in trust for
the Premises, but may withdraw such sums, from time to time,
to pay necessary operating expenses and carrying charges of
the Premises; and, upon the execution and delivery of such
new lease, shall account to the tenant under the said new
lease for the balance, if any, (after application as
aforesaid) of the basic rent, additional rents and other
payments made under said subleases, and said tenant shall
thereupon assign the basic rent, additional rents and other
payments due under said subleases to any Leasehold
Mortgagees of the new lease in the same manner as such
rentals and other payments had been assigned to the
Leasehold Mortgagees under this Lease. The collection of
rent by the Lessor acting as an agent pursuant to this
subparagraph shall not be deemed an acceptance by Lessor for
its own account of the attornment of any subtenant unless
Lessor shall. -have agreed in writing with such subtenant that
its t-enancy shall be continued following the expiration of
any period during which a Leasehold Mortgagee may be granted
a new -lease in which case such attcrnment shall take place
upon such expiration but not before.
C. Miscellaneous Provisions for Leasehold Mortgagees.
(1) Leasehold Mortgagee Need Not Cure Specified
Defaults. Nothing herein contained shall require any
Leasehold Mortgagee, as a condition to the exercise of any
of its rights hereunder, to cure any breach or default of
Lessee not reasonably susceptible of being cured by such
Leasehold Mortgagee, including without limitation any breach
or default under Sections 19(a)(iii), (iv) and (v),
(2) Consent of Leasehold Mortgagee Recruired. No
cancellation, termination, surrender or modification of this
Lease shall be effective as to any Leasehold Mortgagee
unless either consented to in writing by such Leasehcld
Mortgagee or made pursuant to and in compliance with this
Section 22.
(3) Eminent Domain. So long as any Leasehold
Mortgagee shall exist, the proceeds arising from a
condemnation shall be disposed of as provided for in such
Leasehold Mortgage.
(4) Casualty Loss. A standard Lender's Loss
Payable endorsement naming each Leasehold Mortgagee may be
added to any and all insurance policies required to be
carried by Lessee hereunder. Nevertheless, the provisions
in any Leasehold Mortgage for the application of insurance
proceeds shall be subject to the provisions of this Lease
with respect thereto and, in the event of any conflict
between the provisions of this Lease and the provisions of
JHKUHL 30277 389686 2 -6-
any Leasehold Mortgage with respect thereto, the provisions
of this Lease shall control.
(5) Arbitration and Lecral.Proceedings. Lessor
shall give any Leasehold Mortgagee prompt notice of any
arbitration or legal proceedings between Lessor and Lessee
involving obligations under this Lease. Any Leasehold
Mortgagee shall have the right to intervene in any such
proceedings and be made a party to such proceedings, and the
parties hereto do hereby consent to such intervention.
Lessor shall also give any Leasehcld Mortgagee notice of,
and a copy of, any award or decision made in any such
proceedings. Anything contained in this Lease to the
contrary notwithstanding, in the event Lessee shall fail to
appoint an arbitrator under circumstances where Tenant is
required or authorized to do so, a Leasehold Mortgagee shall
have an additional period of thirty (30) days, after notice
by Lessor that Lessee has failed to appoint such arbitrator,
to make such. -appointment, and -the arbitrator so appointed
shall --thereupon be recognized in all respects as if he had
been appointed by Lessee.
(6) Notices. No notice to be given by Lessor to
any Leasehold Mortgagee or by any Leasehold Mortgagee to
Lessor shall be effective unless in writing and, if to any
Leasehcld Mortgagee, sent by registered mail to the most
recent address furnished Lessor pursuant to Section 22A(2),
and if to Lessor, sent by registered mail to the address set
forth in Section 21(c).
(7) Erroneous Payments. A Leasehold Mortgagee
making any payment to Lessor in error or pursuant to
Lessor's wrongful, improper or mistaken notice or demand
shall be entitled to the return of any such payment or
portion thereof. If, after any such payment by a Leasehold
Mortgagee, the Lessee pays the same or any part thereof to
Lessor, Lessor shall promptly refund said payment or portion
thereof to such Leasehold Mortgagee.
(8) Limitation on Lessor's Ricrht to Encumber Fee.
Any mortgage now or hereafter placed on Lessor's fee
interest in the Premises shall be subject to this Lease, to
any new lease created pursuant to Section 223, to any
mortgage now in existence on the leasehcld estate as
permitted by this Lease or such new lease, and to Lessee's
right, as permitted by this Lease or such new lease,
subsequently to encumber the leasehold estate created hereby
or thereby.
(9) No Rights to Encumber Fee of Lessor. The
provisions of this Section do not give to any person
whatsoever the right to mortgage, hypothecate or otherwise
to encumber or to cause any liens to be placed against the
freehold estate of Lessor, nor shall said provisions be
JHKUHL 30277 339686 2 -7-
construed as resulting in a subordination in whole or in
part of the freehold estate of Lessor to any indebtedness of
Lessee.
(10) Performance by Leasehold Mortgagee. Any
Leasehold Mortgagee shall have the right, but not the
obligation, to make any payment, perform or cause to be
performed any act, or otherwise comply or cause compliance
with any and all terms, covenants and provisions of this
Lease to be complied with by Lessee, and Lessor shall accept
any such payment, performance or compliance by any Leasehold
Mortgagee as if such payment, performance or compliance had
been made by Lessee.
(11) Rights of Leasehold Mcrtgacrees. The exercise
by any Leasehold Mortgagee of its rights to obtain
possession of the Premises, including without limitation the
right to commence an action against the Lessee for the
appointment crf a receiver, shall not constitute a breach or
defatPlt under this Lease.
(12) Non -Merger. So long as any Leasehold
Mortgage is in existence, unless the Leasehold Mortgagee
thereof shall otherwise expressly consent in writing, the
fee title to the Premises and the leasehold estate therein
created by this Lease shall not merge but shall remain
separate and distinct, notwithstanding the acquisition of
both said fee title and said leasehold estate by Lessor,
Lessee or by a third party, by purchase or otherwise.
(13) Esto-olpel Certificate. Lessor shall, without
charge, at any time and from time to time within ten (10)
days after written request of Lessee or any Leasehold
Mortgagee to do so, certify by written instrument duly
executed and acknowledged to any Leasehold Mortgagee or
purchaser, or proposed Leasehcld Mortgagee or purchaser, or
any other person, firm or corporation specified in such
request: (a) as to whether this Lease has been modified,
supplemented, amended, extended or renewed and if so, the
substance and manner of such modification, supplement,
amendment, extension or renewal; (b) as to the validity and
force and effect of this Lease in accordance with its
provisions; (c) as to the existence of any breach or default
hereunder or any circumstance which, with the giving of
notice or the passage of time, or both, would constitute a
breach or default hereunder; (d) as to the existence of any
offsets, counterclaims or defenses to the enforcement of
this Lease on the part of either Lessor or Lessee; (e) as to
the commencement and expiration dates of the term of this
Lease; and (f) as to any other matters as may be reasonably
so requested. Any such certificate may be relied upon by
Lessee and any other person, firm or corporation to whom the
same may be exhibited or delivered, and the contents of such
certificate shall be binding upon Lessor.
JHIZUHL 30277 389686 2 -8-
(14) Survival. The provisions of this Section 22
shall survive the termination, rejection or disaffirmance of
this Lease and shall continue in full force and effect
thereafter to the same extent as if this Section 22 was a
separate and independent contract made by Lessor and any
Leasehold Mortgagee and, from the effective date of such
termination, rejection or disaffirmance of this Lease to the
date of execution and delivery of any new lease pursuant to
Section 22B, such Leasehold Mortgagee may use and enjoy the
Premises without hindrance by Lessor or any person claiming
by, through or under Lessor so long as such Leasehold
Mortgagee or any person claiming by, through or under such
Leasehold Mortgagee complies with the terms of this Lease
except as otherwise provided in Section 22C(l).
4. Except as expressly set forth herein, the Lease remains
unmodified and in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment
effective'a-s of the date first written above.
LESSOR�
City
Attest:
A Ilk
City Clerk
Appr d to form:
Astt. C"rty Attorney
JHKU1AL 30277 3E9686 2 -9-
LESSEE
Bahia Corinthian Yacht Club
By:
Its:
By:
I t s
RONALD K. BROWN, JR,
GARY ALDO DAPELO �
ROBERT W. DYESS, JR.
MARK S. FAULKNER
PAUL C. HESNESS
HEIDI STILS LEWIS
THOMAS J. O'KEEFE
RICHARD OFIERREITER
STEPHEN B.OTTO
RICHARD L. SEIDM
JOHN A. STILLMAN
KRISTINE A.THAGARD
THOMAS E.WAULEY
'A PROFESSIONAL COMPOSATIOM
LAW OFFICES OF
GoOD, WILDMAN, HEONESS & WALLEY
ROY M. GOOD
5000 CAMPUS DRIVE:
(RETIRRO)
NEWPORT BEACH, CALXFORNXA 92660
PAUL W. WILDMAN
(7(4) 9SS-1100
(1924-ID83)
OF COUNSEL
LOUIS A. CAPPADONA
DOUGLAS M.VICKERY
FAX (714) B33 -06a3
VIA FACSIMILE (714) 673-3056
AND U. S. MAIL
April 30, 1998
Mr. Tony Melum
Acting Marine Director
City of Newport Beach
Post Office Box 1768
Newport Beach, California 92658-8915
Re: Bahia Corinthian Yacht Club - Tidelands Lease
Dear Mr. Melum:
Pursuant to our discussion of today, Thursday, April 30th, you have
requested confirmation of the fact that inadequate inspection
resulted in the construction of the southerly seawall of the Bahia
Corinthian Yacht Club property adjacent to Yachtman's Cove and in
the vicinity of the storm drain outlet to fail to match the
intended design requirements.
In that regard, I have enclosed herewith a copy of the complete
Richard K. Shogren & Associates report dated June 25, 1993. The
pertinent portion to review is located at pages 6, 7 and 8 of the
report, and, in particular, on page 7 under the headings "Bulkhead
Panels" and "Recommendation". I have highlighted the appropriate
portion. I have also enclosed a copy of their report dated
January 5, 1994. Please note, in particular, the highlighted
portions on page two, I trust this will give you the
substantiation necessary to grant the requested reduction in the
lineal feet for which rent is charged as discussed with
Mr. Hologren.
Mr. Tony Melum
April 30, 1998
Page 2.
If you have any questions or comments, please do not hesitate to
call me at 955-1100. Thank you for your review of this matter.
Very truly yours,
Thomas J. O'K ve��
TOK: rmt
cc: Bahia Corinthian Yacht Club
Mr. Don Cole
Mr. Richard Holmgren
vAff
1 54-
4-
RICHARD K. SHOGREN & ASSOCIATES
Consulting Civil Engineers
1714) 636-1620
25 June 1993 File No: L062593Y.845
BAHIA CORINTHIAN YACHT CLUB
1601 Bayside Drive
Newport Beach, CA 92625
Attn: Tim Bakels, General Manager
Re: REPORT OF BULKHEAD INVESTIGATION
1601 BAYSIDE DRIVE, NEWPORT BEACH
Gentlemen:
We have completed our investigation and evaluation of the structural
integrity of your waterfront bulkhead, and our findings and recommendations
are contained herein.
SCOPE OF WORK
As authorized by you, the specific scope of work included:
Visually inspect the site and acquire necessary field
measurements.
4 Compile and review available historical documents.
# Review available results of on-going site investigations done
by others.
0 Provide geotechnical evaluation.
# Provide environmental assessment.
Perform engineering analysis of the bulkhead in its current
condition, including increased loading resulting from credible
seismic events.
4 Prepare this report of findings with recommendations for
remedial work.
12755 BROOKHURST ST. - SUITE 203 - GARDEN GROVE. CA 92640
File No: L062593Y.845
SITE DESCRIPTIO
Page 2
The existing bulkhead at the Bahia Corinthian Yacht Club (BCYC) is located
westward and south of the main clubhouse and boat storage yard. The total
length of all wall segments is approximately 596 feet. The top of coping
elevation is approximately +9.5 feet (MLLW - Mean Lower Low Water). The
bulkhead was constructed using precast concrete sheet piles founded on, or
slightly into, the underlying sandstone bedrock. The sheet piles are
anchored at the top using tie rods which connect to continuous concrete
coping (a beam encasing the tops of sheet piles) with deadman anchor blocks
buried approximately 30 feet behind the bulkhead.
our review of historical plans and documents of the site show that the
bulkhead currently consists of three distinct segments, each constructed at
a different time and to different design requirements. (See RKS&A Sketch
No. SK -1)
SECTION 1: The northerly 174 feet of the westerly bulkhead fronting
the boat storage area was built for the Irvine Company in
1955 by Croft & Neville.
SECTION 2: Sometime in the early 1960's, the southerly 274 feet of
the westerly bulkhead fronting the pool and clubhouse
area was constructed to the corner in front of the
clubhouse.
SECTION 3: The return portion, extending 148 feet along the
southerly property line to the private residence area,
was designed by Koebig & Koebig and installed by
Trautwein Bros. in 1969.
Because the sandstone bedrock is so close to the surface (contact elevation
is about 15 feet below finished grade), lower lateral support for the
bulkhead panels on the bay side was provided by a timber beam (wale)
attached to spaced steel H -piles driven an undetermined distance into the
bedrock. Over time, attack by marine organisms rendered the timber
ineffectual, and it was replaced in 1983 by a cast -in-place continuous
concrete beam supported by the original steel H -piles. This replacement,
designed by Cash & Associates, extends from well beyond the northerly
property line to the corner of the bulkhead in front of the clubhouse
(Sections 1 and 2 above). Cash & Associates has informed us that, during
this repair project, the tie rods in Section I were replaced and the
replacement tie rods were encased in PVC pipe sleeves.
RICHARD K. SHOGREN & ASSOCIATES
File No: L062593Y.845 Page 3
GENERAL SITE CONDITIONS
Geotechnical and environmental investigations of the site revealed the
following general conditions:
GEOTECRNICAL EVALUATION
The geotechnical study revealed that the site is located near the Newport -
Inglewood fault and there is a moderate potential of liquefaction from an
earthquake of approximately Richter magnitude 7. Since localized
liquefaction is likely to cause some settlement of buildings and deflection
of the seawall, the structures should be designed to resist such a seismic
occurrence. with this assured, there are no other significant conditions
which might limit the property as a yacht club.
See the "Geotechnical Evaluation - Bahia Corinthian Yacht Club Seawall", by
E. Douglas Schwantes, Jr., dated 22 June 1993, included with this report.
ENVIRONMENTAL ASSESSMENT
The environmental assessment concluded that neither historically nor
currently are there any structures or activities which present potential
environmental impacts to the site. Based on their assessment of the site,
no further environmental investigations are recommended at this time.
See the "Phase I Environmental Assessment Report"*, by Targhee, Inc., dated
24 June 1993, included with this report.
SPECIFIC BULKHEAD CONDITIONS
SECTION 1
This section, the northerly 174 feet along the bay side, was renovated by
the Irvine Company in 1983 per a design by cash & Associates. We were
furnished plans for this work which showed that the scope for this portion
included installation of the concrete wale at the lower end of the panels,
plus installation of a number of concrete cassions placed behind the
bulkhead which served as anchors for new tie rods extending from the new
cast -in-place concrete wale.
During our mutual investigation, we were advised by Mr. Blake Eckerle of
Cash & Associates that all tie rods in this section were replaced and
RICHARD K. SHOGREN & ASSOCIATES
File No: L062593Y.845
Page 4
installed in PVC sleeves. Although no tie rod were exposed in this
section,we have been advised that documentation exists, and assuming that
same will be made available, we can then assume that the rods are properly
protected and therefore may be expected to be in satisfactory condition.
Recommendation
since renovation of this portion of the bulkhead apparently extended well
beyond the original scope, and we are informed that Cash & Associates has
full records of their work, we believe that no further investigation nor
remedial work is necessary in this section, subject to final confirmation
via project documents.
SECTION 2
our research of this section� the southerly 274 feet of the bulkhead along
the bay side, revealed that there appears to have been no other significant
repair or renovation other than the concrete wale constructed in 1983.
TIE RODS
During this investigation, Cash & Associates (an assignment for the Irvine
company), exposed a tie rod at Panel 119, approximately 12 feet north of
the end of the concrete walk fronting the pool area. The bare rod appeared
to be in good condition, showing negligible corrosion, and giving the
impression of favorable soil and moisture conditions during the 10 years of
service experienced so far. The welded attachment to the old rod stub, a
bent plate hereinafter referred to as a "clevis", showed evidence of
advancing corrosion, being totally unprotected from moisture or other
hostile soil conditions. The turnbuckle also showed some corrosion,
although not as severe as the clevis area.
Another clevis, located about 12 feet farther north, was exposed locally,
and showed about the same amount of corrosion as noted above. The tie rod
was not similarly exposed over its length.
A third tie rod, located at Panel 152 which is about 129 feet north of the
corner in front of the clubhouse, was uncovered approximately 11 feet from
the bulkhead to just short of the clubhouse wall. The clevis and
turnbuckle showed considerable corrosion, the condition being judged only
"fair". The original coating on the tie rod was considerably deteriorated,
and while the rod condition is still quite good, remediation is called for,
in our opinion.
RICHARD K. SHOGREN & ASSOCIATES
File No: L062593Y.845
Recommendation
Page 5
Expose all tie rods in this section, remove all corrosion product, coat and
tape wrap all details to preserve structural function. Replace those
details judged to have lost more than 25 percent of original capability.
COPING
Examination of the coping, which is an important structural element of the
bulkhead, revealed that it was considerably underdeeigned by current
standards as well as being in a state of deterioration.
Local removal of concrete an the water side exposed two No. 5 steel
reinforcing bars running horizontally. Long standing conventional
engineering practice calls for longitudinal steel to be symmetrical, thus
we believe that we can postulate with reasonable confidence a total of 4
horizontal No. 5 bars, arranged two per vertical face.
The coping displays numerous cracks and rust staining, indicating that
moisture has penetrated to the reinforcing steel and corrosion is taking
place. Ties, which are so necessary to resist the lateral shear generated
by the tie rod reactions, are spaced as much as 36 inches on center, which
is far short of code requirements as specified by both the Uniform Building
Code (U.3.C) and the American Concrete Institute. Normal spacing for ties
In coping is 3 to 4 inches in the vicinity of the tie rod, increasing to a
maximum of approximately 12 to 16 inches at the mid -point between tie rods.
Our analysis of the existing condition indicates that there is barely
enough structural capability for static conditions, assuming no further
deterioration of the reinforcement or the concrete. This condition is
inadequate for even a moderate seismic event and the likely failure of the
coping could seriously jeopardize the integrity of the clubhouse and
adjacent facilities.
Recommendation
We recommend that the coping be removed and replaced new with a design
meeting current engineering standards.
PANELS
Panels have been coated on the bay side with an as -yet undefined
elastomeric material which was applied apparently to cover extensive
cracking experienced by the panels, some of which undoubtedly occurred
during the loss of support resulting from deterioration of the lower timber
wale. Since our primary concern is exposure of the steel reinforcement in
RICHARD K. SHOGREN & ASSOCIATES I
File No: L062593Y.845
Page 6
the panels to moisture and subsequent corrosion which, once started and
unremediated, will ultimately result in structural failure of the panel, we
judge that as long as this coating is intact, corrosion of panel
reinforcement can be controlled to an acceptable level.
Recommendation
An annual inspection and maintenance program is recommended to assure
proper maintenance of this protective coating.
SECTION 3
Prior to 1969, the bulkhead continued from the present corner of the BCYC
property southerly to the current northwesterly corner of the Balboa Yacht
Club site.
Koebig & Koebig was retained by the City of Newport Beach to develop plans
for creation of the present basin existing on the southerly side of the
BCYC property. Plans thus produced resulted in a concrete sheet pile
bulkhead extending approximately 148 feet shoreward from the present corner
to a new bulkhead fronting the now -existing residential property. In
addition, these plans provided an outlet structure for a storm drain
located approximately 70 feet from the bulkhead corner.
We joined with Cash & Associates' field representatives in examining the
bulkhead and ascertaining the condition of current details.
The Koebig & Koebig plans show a conventional precast concrete sheet pile,
4 feet wide and 10 inches thick, laterally supported by a well -reinforced
continuous coping. This coping is, in turn, tied back to deadmen using
steel rods installed in PVC sleeves located at approximately 12 feet on
center. The lower end of sheet pile was to be placed into a trench
excavated in the bedrock. Trautwein Bros. was contracted to construct the
bulkhead.
COPING
Contrary to the bay side coping, this coping generally appears to be in
good condition since it is adequately reinforced with six No. 9 reinforcing
bars. These bars supply approximately five times the area of reinforcing
steel as that existing in the bay side coping -- which has nearly identical
dimensions. Similarly, steel ties for the main reinforcement are placed at
12 inches on center rather than the 24 to 36 inches revealed on the bay
side coping.
RICHARD K. SHOCREN & ASSOCIATES Ci% -1:
File No: L062593Y.845
Recommendation
Page 7
We judge the coping to be satisfactory structurally and believe that no
additional work will be required for the foreseeable future.
TIE RODS
The 1 1/4 -inch diameter steel tie rods are sleeved in high -impact PVC pipe
and, turnbuckles are encased in concrete, so the tie -back system is fully
protected from moisture or other hostile soil environments as long as these
coverings are intact. We observed no deterioration of protection for the
two specimens uncovered.
Recommendation
We judge the tie back system to require no additional investigation or
remediation.
BULKHEAD PANELS
Individual panels are well-designed to worst-case conditions. However, the
support at the lower end is highly suspect. We observed some apparent
outward displacement at the lower end of the pile which leads us to believe
that embedment in the trench, if indeed such trench was constructed per the
plans, is not measuring up to the intended design requirements.
Discussion with former Trautwein people, who worked on this construction,
indicated that due to the difficulty of excavation the trench was not
excavated as called for on the plans, stopping well short of the
requirements shown therein. The top of the panels were then chipped off as
necessary to complete the installation to the design elevation of +9.5
(MLLW).
Our back calculations lead us to estimate, albeit conservatively, that the
factor of safety for static conditions is approximately 1.0 which results
in a significant safety deficit for the seismic condition.
Recommendation
We recommend that a lower support system be provided for these sheet pile.
Options include an installation similar to that currently employed on the
bay side fronting the building and the boat storage area. Such a system
would consist of steel H -piles driven into pre -drilled undersized holes and
then encased in a cast -in-place concrete beam to provide the necessary
lateral support to the lower end of the pile. Other options are also
available which may be more cost effective. We believe that no other
RICHARD K. SHOGREN & ASSOCIATES citfl Eqr.11iie'�
File No: L062593Y.845 Page 8
renovation or remediation of the existing wall will then be required to
assure maximum service life of the facility. I
CONCLUSION & RECOMMENDATIONS
in summary, while we judge the three bulkhead sections to require varying
amounts of renovation and remediation, absent a moderate - or greater -
seismic event, we also believe these structures to pose no immediate hazard
to the porperty. That said, we urge prompt implementation of the measures
recommended herein to assure maximum protection of this most valuable
facility.
We further recommend a structural assessment of the clubhouse to assure
compliance with current earthquake codes and standards, particularly in
view of the liquifaction potential for the site discussed in the
geotechnical section of this report.
We appreciate the cooperation and assistance of BCYC associates, as well as
our professional colleagues at Cash & Associates.
We would welcome the opportunity to assist in implementing our
recommendations.
Please call if you have any questions or additional instructions.
Yours very truly,
RICHARD K. SHOGREN & ASSOCIATES
Richard K. Shogren, P.E.
Principal
RKS:MSY:my
RICHARD K. SHOGREN & ASSOCIATES
File No: L062S93Y.845
Reference
Bulkhead Survey Data -- Ullman Apartments & BCYC, by Cash
Associates, 6/7/93
Page 9
"Bayside Marina Bulkhead Renovation" Plans, for The Irvine Company,
by Cash & Associates, 1985
"Marina Improvements - Balboa Yacht Club to Marine Avenue - Bulkhead
and El Paaeo Storm Drain" Plans, for the City of Newport Beach,
by Koebig & Koebig, 1969
Attachments
RKS&A Sketch No. SK -1 "Site Plan", by Richard K. Shogren &
& Associates, 6/25/93
"Geotechnical Evaluation", by E. Douglas Schwantes, Jr., dated
6/22/93
"Environmental Assessment", by Targhee, Inc., dated 6/24/93
Distribution
(3 copies) Bahia Corinthian Yacht Club
(1 copy) T. O'Keefe - Good, Wildman, Hegness & Walley
RICHARD K. SHOGREN & ASSOCIATES Cok;sliiti�la Ci�il EiiaOioei��
RICHARD K. SHOGREN & ASSOCIATES
Consulting Civil Engineers
12755 Brookhurst St. #203
Garden Grove, CA W640
(714) 636-1620
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RICHARD K. SHOGREN & ASSOCIATES
Consulting Civil Engineers
(714) 636-1620
5 January 1994 File No: L010594Y.845
Mr. Paul Hegnees
GOOD, WILDMAN, HEGNESS & WALLEY
5000 Campus Drive
Newport Beach, CA 92660
Re: BAHIA CORINTHIAN YACHT CLUB -- Executive Summary
Dear Paul:
The waterfront bulkhead at BCYC was inspected in 1993 for current condition
and to evaluate structural integrity. In response to your request of 29
December 1993, the findings of our reports and discussions at our meetings
may be summarized as follows:
Segment I
Extends 174 feet northerly from the swimming pool area to the property
line. Original bulkhead construction c. 1955 experienced failure of water
and tieback system as well as other problems, and was replaced in 1983-84.
We judge this segment to be in conformance with current engineering
standards, and service life to be adequate for the foreseeable future.
Recommendation: Acceptable as is.
Segment 2
Continuation of original bulkhead extending southerly from pool area 274
feet to corner. Sandline waler was replaced in 1984 as part of upgrade
along main channel. Original tie rods, however, are still in place.
Exposed tie rods show non-standard welded clevis arrangement, created
apparently by original contractor to compensate for tie rods fabricated too
short to connect with turnbuckle. Welded areas are highly susceptible to
corrosion in a marine environment, resulting in short service life. Coping
(concrete beam supporting tops of panels) is extensively cracked, and
inspection revealed inadequate steel reinforcement for static conditions,
much less a moderate seismic event.
Recommendation: Replace coping and tieback system.
12755 BROOKHURST ST. - SUiTE 203 - CARDEN GROVE, CA 92b,20
File NO: L010594Y.845
Segment 3
Page 2
Extends from main channel corner 148 feet shoreward to property line
corner, and serves as northerly boundary of "Yachtsman's Cove". City -
approved plans call for panels to be set in a narrow trench cut
approximately 7 feet deep in bedrock. Inspection showed trench (where
existing) to be considerably shallower, and apparently much wider, greatly
reducing the anchoring effect intended for the lower end of the bulkhead
panels. Panel joints have opened in numerous places, permitting lose of
backfill due to tidal pumping. Tieback system and coping are constructed
to current engineering standards.
Recommendation: Construct a sandline waler similar to that provided along
main channel.
Coping and tieback system are acceptable as is.
Expected service life if remediated as described: indefinite.
Engineering & Construction Cost Estimate
Total Construction Cost w/ 15% Contingency $337,700
Total RKS&A Engineering Fee 25,000
Total Estimate of Permitting Costs 5,000
Total RKS&A Construction Support 12,000
Incidental Expenses 6,000
GRAND TOTAL $385,700
Construction cost estimates are based on a single-phase repair
Engineering fees are exclusive of direct expenses (e.g. plan check fees,
reprographics, etc.) which are billed at cost.
This concludes our summary of our investigative work at BCYC to date.
Please call if you have any questions or need additional information.
Yours very truly,
X. S G N & ASS
Richard K. Shogren, P.E.
Principal
RKS:my
RICHARD K. SHOGREN & ASSOCIATES C 0 �1 z f(I I i �1 a C i
File NO: L010594Y.845
cc: T. O'Keefe
Page 3
R. Holmgren
S. Kniss
Reference: M122793Y.845, "Estimate of Service Life", 12/27/93
L102693Y.845, "Preliminary Construction Cost Estimate",
10/26/93
L102193W.845, "Supplemental Report of Field Investigation of
Bulkhead Bottom at Yachtsmans Covell, 10/21/93
L062593Y.845, "Report of Bulkhead Investigation", 6/25/93
RICHARD K. SHOGREN & ASSOCIATES conslll!i�li? cl�k.;f E�Iqifl"�,rs
VISTA/MURREL&ASSOCIATES
April 13,1998
Mr. Tony Melum
Deputy Chief
Marine Environmental Department
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Re: Mariners Mile Marine Center
Newport Beach, CA.
Dear Tony:
Thank you for taking the time to meet with me last Thursday, April 9, 1998 to discuss the above
referenced project as well as the tidelands permits currently in place. As we proceed in our due
diligence, Vista/Murrel & Associates ("VMA") is interested in pursuing discussions with the
City of Newport Beach regarding a long term lease arrangement for the tidelands area.
In order to expedite our process, it would be helpful to receive a copy of the outstanding lease
between the City of Newport Beach and the BCYC. In the meantime, I will be contacting the
references you provided to discuss the appraisal process. I look forward to continuing our
discussions on this matter.
Sincerely,
VISTA/MURRFL & ASSOCIA ES
Mark G. Muffel
Manager
V167A / MURREL & Associmus
833 DovER DicivE, SuiTE14
NEwroRT BEAcm, CA 92663
TEL: 714 - 722 - 1131
FAx: 714 - 722 - 9244
VISTA / MURREL & Assoams
2295-A RENAISSANc:E DRivc
LAS VEGAS, NEVAvA 89119
TEL: 702 798 - 7970
FAx: 702 798 - 1029
CITY OF NEWPORT BEACH
Fire - Marine Department
September 7, 1995
TO: WENDY BROWN, CITY ATTORNEY'S OFFICE
FROM: Marine Division
SUBJECT: BAHIA CORINTHIAN YACHT CLUB TIDELANDS LEASE
Below are changes that need to be made to the proposed lease. The page numbers and
proposals to be changed are as follows:
Pg. 3, Para. 4 - IMPROVEMENTS TO LEASED LA D - Lessor and Lessee
acknowledge that Lessee has constructed major improvements on and adjacent to the
premises. These improvements include, but are not necessarily limited to, bulkheads,
piers, docks, floats and related improvements which comprise a marina consisting of
2,504 lineal feet of slips for docking of boats (collectively, the marina improvements)
as shown on Exhibit B. Of the 2,504 lineal feet of slips for docking boats, 2,079 lineal
feet of such slips are located on State Tidelands, which are the subject of this lease and
shall serve as the basis for calculating rent herein below.
Pg. 4, Para. 5 - RENT - Upon execution of this lease, Lessee shall pay to Lessor the sum
of twenty-nine thousand two hundred fifty-six dollars and fifty-one cents ($29,256.5 1) in
twelve equal monthly installments of two thousand four hundred and thirty eight dollars
and four cents ($2,43 8.04) each on the first of each month, and every year thereafter,
Lessee shall pay rent which sum is equal to nine percent of the annual gross receipts
from slip rentals generated by 2,079 lineal feet of marina slips at a rental rate of $13.03
per lineal foot, ("rental rate") or such rental rate as may be adjusted as provided in
paragraph 6 below.
Pg. 5, Para. 8 - MARINA MAINTENANCE - Change 2,504 to 2,079.
Tony Melurn
Deputy Chief
JUL-03-09? 13:44 BRHIR DUR YRCHT CLUB
714 S44 9590 P.02
4, Extr�Z.ise -pf -opt ion. The option may be exercised by
*tteyj notice oi—exercise signed on behalf of BCYC and delivered
wrl
to the City Clerk of the c-ity on or before 5;00 p,m, on the Option
/Ti,xpiration Date.
5. EKecpndition tq__Fy 'ga
.ercire _—_En WorLk..
As a condition precedent to the exercise of this option by BCYC,
ECYC shall be required to have then completed all seawall repairs
and reinforcements recOmMellded by its striiQtural engineers, to the
satisfaction of the city engineer, or in t.he alternative, it shall.
post a performance boxid acceptable in form, content and amount to
the city attorney, assuring that all of "ch seawall repair and
reinforcement so recommended shall be c.omplet(-,,,d within six (6)
trionths of the posting off said performance Y,)ond.
61 fuK!�hgr A.52—ura,,CPS. Eacti of the Parties hereto agrees to
execute and deliver' any and all. additional papers and documents,
and to do any and all act$ reasonably necessary in connection with
the performance of its obligations here -under to carry Out the
intent of the parties hereto.
7, Entire±_4 Aqreernpnt This Ac
jreement and the documents
eXpreSsly incorporated herein shall constitute the entire Agreement
between the Parties hereto with respect to the subject matter
hereof , and shall supersede all prior and contemporaneous
ag,,ceements and representat ions Of the Parties concerning the
subject itiatter hereof and the terms applicable thereto.
This Aqreement may not be extended,
Supplemented, modified or amended in any manner, except by all
instrument in writing signed by each of the Parties.
9� Wa i ve r. NO waiver Of any of the provisions of this
Xqreement shall be deemed or constitute a waiver of any other
p�ovision, whether or not similar, nor shall any waiver constitute
a continuing waiver, No waiver shall be binding �iriless executed I,n
writing by . the party making the waiver.
3,0. ,�M L( -And
All terms provisions
shall be
�ontained herein shall i.risure to the benefit of and -,Ctive
bindinc
,; upc)n each of the Parties hereto and their respc
directors, of ficer-s, shareholders, employees, agents, heirs,
representatives, successors and assigns, and each of them�
,a. kiLLgaLis;Ln_ Cost 8 , if any legal ac:ti.on, kir other
proceeding is brouqh�-t�W�force this Agreement, or I-)ecause of an
alleged disOute, breach, or misrepresentation in connection with
any of the provisions of this Agreement, the successful or
prevailing party Or parties shall be entitled to recover their
reasonable attorney fees And other costs incurred in that action or
proceeding, in additIon to any other relief, to which it or they may
be entitled.
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JUL-03-19137 13:46 BRHIR MR. YRCHT CLUB
71.4 644 ?580 P.05
Permit N CITY OF NEWPORT -BEACH Amount
PAULDING DEPARTMENT
3309 Newport ILA. (714) 6"-3zm
coNsTRucTioN SITE DEBRIS AND COMPLETION AGREEMENT
JOBADORESS: VALUATION..2,50 47(j'o
OWNER: USE OF
Pomijont To the Provisicrat of sectfon ls.6o of the Nowport Bench Kmqcipat Code, as a condition
precedent to the Issuance of 0 buitclits; permit, the undersigned person, mkes the bptow tisted
dwwit,, This doPusit shatt guarantee the Proper etta" and rcoovat of construithan and
ckinokition debris frm the construction site incLudins; pubLic promrty. ard sliatt quaremtoe that
itupacti4ras ate requested tit The prow tfm inctuding pubLic Property, ard shatt guarantee that
inspectiars; art requested at the proper tim incLuditV finat inspection, thereby provictinq ihe
proper protac-titm to the health, safety, and uttfart, of ths citixens of mvwIvrt soao,
FaiLure of the. ccu%tractor to satisfactority clean -Wo the constructiwl site sh#tl, causo th4 City
of Newport Beach, or its agents or cMLoyam, to enter upon the cc,ngt�tjw site and rowya, the
debris thtrufr=. The east of such remeat shall. be chKlucted frm the each &pcoft and sun*,-jtV
fori'vized and mid aver to the City, and the reminder, if arrf, returned to the Emrson or Persons
dopositifts said cash upon ff�l approvat of the structure by tho aujIding Officloi. If the cost
of cLoamp exceeds the deposited amunt, than the proiect shatt be stopped uitil, an oftticral
deposit is POSTad. Unauthorized OftuiMMY of the structure wilt roa;Wt In the cash deposit bairg
forfeitm and paid over to the city.
ADDRESS!_
RELEASE OF OSPCSIT� Vie project has been owaptotod, the buji,ding has r,celv4d fjm� Irt9w,'04n
urd a certificate of occupprmy has Leon issued in AcnordeTwo with the above bgreament. The do IT
is hereby rekeased for reurid.
Inci oirtoctor Date
GVEFEIYED DEPMM The bVikdmg %as "cDPf0d Prior to ccarletion of final aopr�vaL by the
t DOPaCtUlant. The OWNP 19 irl Violation of the fit:0,re egreceent and the deposit hQs to. foi,Vt�too
Rh the city.
Sui �rjinj Dirs�to� Date
MEAXW coar INCaRED aunwou THE W-WSE OF CONSTRULU04-
DATE AKWNT BALANCE
JU.N 2 8
lkildi��irector Cott-,
T C
WER's IIAMF.�.. T &�J.Y�p
V AX F NL:�,NPOR �EACH
CIVT,$TATE,
(RefUndS Wilt be mdL to: owner untess writter, aut.horization doaig,,tes o.,
VislritWi= White.-Bvitding, GoldemrodtFW"P, Te(Iw.V-"
JUL-03-1997 13:117 BAHIA COR YACHT CLUS 714 644 9590 P.OH
i
CIT�'GF NEWPORT BEACH - BUILDING DEPARTMENT
3WO Newpoil Blvd. - Phone: (714) 644-3255
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PEFUTTEE
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Permit 61(&,P 119.1 CITY OF NEWPORT -BEACH Amount, $ 1, /,90
BUILDING DEPARTMENT
3300 Newport Blvd. (714) 644-328B
CONSTRUCTION SITE DEBRIS AND COMPLETION AGREEMENT
JOBADDRESS: .&C I VALUATiON: -,�'50, e.00
OWNER: . �&� kA. t'-' USE OF BUILDING: '6"4 t�"t(4 '�
Pursuant to the provisions Of section 15.60 of the Newport Beach Municipal Code, as a condition
precedent to the issuance of a building permit, the undersigned person makes the below listed
deposit._ This deposit shalt guarantee the proper cleanup and removal of construction and
demaLition debris from the construction site including public property, and shalt guarantee that
inspections are requested at the proper time including public property, and shalt guarantee that
inspections are requested at the proper time including final inspection, thereby providing the
proper protection to the health, safety, and welfare of the citizens of Newport Beach.
Failure of the contractor to satisfactorily ctean-up the construction site shalt cause the City
of Newport Reach, or its agents or employees, to enter upon the construction site and remove the
debris therefrom. The cost of such removal shalt be deducted from the cash deposit and summarily
forfeited and paid over to the City, and the rem inder, if any, returned to the person or persons
depositing said cash upon final approval of the structure by the Building Official. If the cost
of cleanup exceeds the deposited amount, then the project shalt be stopped until an additional
deposit is posted. Unauthorized occupancy of the structure will result in the cash deposit being
forfeitedand paid over to the City.
nATV-
RELEASE OF DEPOSIT: The project has been completed, the building has received final inspection
and a certificate of occupancy has been issued in accordance with the above agreement. The deposit
�A is hereby released for refund.
Building Director Date
FORFEITED DEPOSIT: The building was occupied prior to completion of final approval by the
Department. The owner is in viotat.i.on of the above agreement and the deposit has been forfeited
to the City.
Building Director Date
CLEANUP COST INCURRED DURING THE COURSE OF CONSTRUCTION -
DATE AMOUNT BALANCE PAID
JUN 2 8 1996
Building Director Date
OWNER'S NAME: G- TAX I.p
JI.Y.PF NEWPORT BEACH
ADDRESS:
CITY,STATE,ZI
(Refunds wilt be made to'owner unless written authorizati an designates n+�
Distribution: White:Building, GoLdenrod:Finance, Yellow:P-�
CITY'OF NEWPORT BEACH - BUILDING DEPARTMENT
3300 Newport Blvd. - Phone: (714) 644-3255
Permt 0 S E H
Date: (,a P G
Job Aidress (10
ownfl P/C No: 7�X
U�QE63RQUND
Gi P-ograde Meeting
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P3
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P4
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ml
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17
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E2
UrrJerground Electrical
T1
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S2
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S3
Forongs / Foundations
S4
Slao or Deck
P 5
Pl�bing
P6
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M2
HV AC / Hood
M3
F4M_lace
E3
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E4
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E5
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In Wiring Ceilings
E6
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S - 7
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§8
Ex� Shear & Hold-downs
S9
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-,M
Li�:zalOR & EXTERIOR
S10 !r.5 "lion
Sil
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1
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S13
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S14
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T7
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T16
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P7
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-Footings
S18
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P9
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P10
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M7
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September 11, 1995
Council Agenda
Item No. 8
TO: Mayor and Members of the City Council
FROM: Tim Riley, Fire and Marine Chief ��
SUBJECT: Bahia Corinthian Yacht Club Tidelan�s Lease
RECQMMENDATION:
Approve a revision to the Tidelands Lease with the Bahia Corinthian Yacht Club as
follows:
1. First year annual rent to be $29,256.51.
2. Leaseable lineal footage to be 2,079 feet.
DISCUSSION:
At its meeting of June 12, 1995, the City Council approved a thirty-five (35) year lease
for the tidelands bayward of the Bahia Corinthian Yacht Club. The rent was
calculated based upon 2, 504 lineal feet of slips within the lease area for an annual
return to the City of $35,237.00. The lineal footage was based on the docks directly in
front of the Yacht Club and 456 feet of the docks to the west of the -Club that were to
be included within the lease. These docks (456 lineal feet) have been retained by the
Irvine Company and will not be part of the lease. In conjunction with that change,
the Club has added 31 lineal feet to their existing slips that are within the lease area.
The net effect of -these- two changes is that -the -new leaseable-lineal-footage is 2,G79 ---
lineal feet (2,504 - 456 + 31 = 2,079) for a revised income figure of $29,256.51 per year
to the City.
RICHARD K. SHOGREN & ASSOCIATES
Consulting Civil Engineers
12755 Brookhurst St. #203
Garden Grove, CA 92640
(714) 636-1620
CLIENT vp__� e_- 1-f (= JOS NO.
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RICHARD K. SHOGREN & ASSOCIATES
Consulting Civil Engineers
12755 Brookhurst St. 4203
Garden Grove, CA 92640
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Consulting Civil Engineers
12755 Brookhurst St. #203
Garden Grove, CA 92640
(714) 636-1620
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RICHARD K. SHOGREN & ASSOCIATES
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Garden Grove, CA 92640
(714)636-1620
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RICHARD K. SHOGREN &.ASSOCIATES
Consulting Civil Engineers
12755 Brookhurst St. #203
Garden Grove, CA 92640
(714) 635-1620
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July 26, 1.994
F0. BOX 1768, NEWPORT BEACH, CA 92658-8915
Mr. Thomas J. O'Keefe
500 Campus Drive
Newport Beach, CA 92660
Dear Mr. O'Feefe:
I received your letter dated July 18, 1994, regarding our ongoing
lease for the Bahia Corinthian Marina. I have distributed a copy
of your letter to Kevin Murphy, City Manager, and Ken Delino,
Assistant City Manager, for their review.
Ken Delifio has reviewed the lease appraisal that was prepared by
C,'ecrge Hamilton Jones, Inc., and is prepared to meet with you, at
your convenience, during the second week of August.
Please give me a call after August: 8th, 1994, and. I will arrange a
meeting schedule with Mr. Delino and -the City Manager, for their
input and process with the income property committee.
If you have any further questions, please give me a call at (714)
644-3044.
Sincerely,
David Harshbarger
Marine Director
cc: Ken Delino
Assistant City Manager
3300 Newport Boulevard, Newport Beach
RONALD K. BROWN JR.
GARY ALDO DAPELb
MELVIN S. FELDMAN
PAUL C. HEGNESS
HEIDI STILB LEWIS
PATRICK E. M�GINNIS
JOHN ANDREW MILLER
AARON P. MORRIS
THOMAS J. O'KEEFE
JOHN A. STILLMAN
KRISTINE A. THAGARD
THOMAS E. WALLEY
*A PROFESSIONA1. CORPORATION
LAW OFFICES OF
GOOD, WILDmAN, HEoNEss & WALLEY
ROY M. GOOD
5000 CAMPUS DRIVE
(RETIRED)
NEWPORT ]BEACH, CALJFORN� 92(360
PAUL W. WILDMAN
(714) 955 -1100
Q924-1963)
OF COUNSEL
LOUIS A.CAPFADONA
August 31, 1994
DOUGLAS M.VICKERY
FAX (714) 833-0633
Mr. Kenneth J. Delino
Assistant City Manager
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1763
Newport Beach, CA 92658-8915
Mr. David Harshbarger
Director of the Marine Department
3300 Newport Boulevard
P.O. Box 1768
City of Newport Beach, CA 92659-1768
Mr. Tony Melum
Deputy Director of the Marine Department
3300 Newport Boulevard
P.O. Box 1768
City of Newport Beach, CA 92659-1768
Gentlemen:
I have enclosed herewith a draft option agreement for the
lease setting forth the basic deal points which we discussed.
Please review it and let me have your comments. I am concurrently
forwarding a copy of this to the BCYC officials as well.
Thank you for your help and careful consideration of this
matter.
Very truly yours,
Thomas'J. O'Xp�e6fe
TOK: pj
Enclosure
Melurn, Tony
From:
Delino, Ken
To:
MELUM
Subject:
BCYC
Date:
Thu, Oct 13, 1994 2:OOPM
You're staff report is ok , but they will appreciate a summary chart together
with all the pertinent numbers and the key lease provisions. Also, a map or
illustration will help. I might suggest an existing and proposed format. So
much sq. fts, so much $, term etc. Also the average figure is $13.03 per sq.
foot and I have the spread sheet to show the calculations. I'll be in all
day Fri. so let's go over it. You're the Director now and your first
impression with this group should be a good one.
Page 1
RONALD K.SROWN,JR.-
GARY ALDO DAPELO,
MELVIN S. FELDMAN
PAUL C. HEGNESS
HEIDI STILB LEWIS
PATRICK E, McCINNIS
JOHN ANDREW MILLER
AARON P. MORRIS
THOMAS J.O'KEEFE1
JOHN A. STILLMAN
KRISTINE A.THAGARO
THOMAS C. WALLEY
LAW OFFICES OF
GOOD, WILDmAw, HEONEss & WALLEY
ROY M. GOOD
5000 CAMPUS DRIVE: (RETIRED)
NEWPORT BEACH, CAL111012NIA 92660 PAUL W. WILDMAN
(714) SSS -1100 (1924-1903)
*A PROFESSIONAL CORPORATION July 18, 1994
Mr. David Harshbarger
Director of the Marine Department
3300 Newport Boulevard
P.O. Box 1768
City of Newport Beach, CA 92659-1768
Dear Mr. Harshbarger:
Or COUNSEL
LOUIS A.CAPPADONA
DOUGLAS M.VICKERY
FAX (714) 833-0633
Pursuant to our meeting of July 12, 1994, this letter is to
propose a method of transition for the Bahia Corinthian Pier and
Slip Permits from an annually renewable permit basis to a 30 -year
lease.
There are two principal reasons for this proposal. They are
as follows:
I . The present arrangement is not f inancable, and within the
next three to f ive years it will be necessary for the Bahia
Corinthian Yacht Club to seek conventional financing to pay off the
obligation owed to the Irvine Company.
2. The due diligence investigation conducted in connection
with the purchase of the f ee underlying the yacht club and boat
storage yard revealed approximately $400,000 worth of repair work
needed to correct construction and design defects in the seawall
adjacent to the docks and slips in order to make them more
earthquake resistent and to avoid the failures recently experienced
in King Harbor.
We are mindful of the need to spend substantial sums f or these
capital improvements and repairs, while at the same time remaining
competitive in the rate charged per lineal or square foot for Slip
rentals. We therefore propose, at the City's choice, either an
option to enter into a 30 -year lease or an immediate 30 -year lease
with a phase-in of the adjusted lease rates over a 4 or 5 year
period.
If the option format is used, the BCYC would pay to the City
an annual option fee equal to an additional surcharge of 25% of the
normal City tidelands permit fee for the slips in question for each
Mr. David Harshbarger
July 18, 1994
Page 2
year of the option. This option payment in the form of a permit
fee surcharge would not apply to any future rentals to be paid by
BCYC to the City but would be paid currently and earned by the City
each year the option remains in effect. Upon the exercise of the
option, the new lease rate would be as recommended by Mr. George
Hamilton Jones in his recent appraisal. That is an amount equal to
9% of the average blended slip rental rate charged by the City at
the City owned and operated marinas. I understand that rental rate
to be currently $12.25 per foot per month and 9% of that would be
approximately $1.10 per foot per month. We understand that this
procedure would be consistent with the procedure for mooring fees
charged by the City for the mooring areas operated by the Newport
Harbor Yacht Club and the Balboa Yacht Club which are set to equal
those charged by the City in the mooring areas operated directly by
the City.
In the event the City would prefer an immediate lease rather
than an option to lease, we would request a phase-in period for the
adjusted rentals. I have enclosed several additional copies of
this letter for distribution to your assistant, Mr. Melum, the city
manager and/or assistant city manager, as you may believe
appropriate. The other representatives of Bahia Corinthian Yacht
Club and myself will look forward to meeting with the appropriate
City representatives to discuss this further at their earliest
convenience. Thank you for your consideration of this proposal.
Very truly yours,
Q
Thomas J. O'Keefe
TOK: pj
J4 18, 19941mJ1pJ
WH.Ak,*
RICHARD K, SHOGREN & ASSOCIATES
Co�isiflling Civil Eii,7111cc?s
17141 b3b-lb2O
X
5 January 1994
File No: L010594Y,845
Mr. Paul Hegness
GOOD, WILDMAN, HEGNESS & WALLEY
5000 Campus Drive
Newport Beach, CA 92660
Re: BA IA CORINTHIAN YACHT CLUB -- Executive Summary
Dear Paul:
The waterfront bulkhead at BCYC was inspected in 1993 for current condition
and to evaluate structural integrity. In response to your request of 29
December 1993, the findings of our reports and discussions at our meetings
may be summarized as follows:
Segment I
Extends 174 feet northerly from the swimming pool area to the property
line. original bulkhead construction c. 1955 experienced failure of water
and tieback system as well as other problems, and was replaced in 1983-84.
We judge this segment to be in conformance with current engineering
standards, and service life to be adequate for the foreseeable future.
Recommendation: Acceptable as is.
Secment 2
Continuation of original bulkhead extending southerly from pool area 274
feet to corner. Sandline waler was replaced in 1984 as part of upgrade
along main channel. original tie rods, however, are still in place.
Exposed tie rods show non-standard welded clevis arrangement, created
apparently by original contractor to compensate for tie rods fabricated too
short to connect with turnbuckle. Welded areas are highly susceptible to
corrosion in a marine environment, resulting in short service life. Coping
(concrete beam supporting tops of panels) is extensively cracked, and
inspection revealed inadequate steel reinforcement for static conditions,
much less a moderate seismic event.
Recommendation* Replace coping and tieback system.
RECEENI
12755 BROCKHURST ST. - SUITE 203 - GARDEN GROVE. CA 92640
File NO: L010594Y.845
Segment 3
Page 2
Extends from main channel corner 148 feet shoreward to property line
corner, and serves as northerly boundary of "Yachtsman's Cove". City -
approved plans call for panels to be set in a narrow trench cut
approximately 7 feet deep in bedrock. Inspection showed trench (where
existing) to be considerably shallower, and apparently much wider, greatly
reducing the anchoring affect intended for the lower end of the bulkhead
panels. Panel joints have opened in numerous places, permitting loss of
backfill due to tidal pumping. Tieback system and coping are constructed
to current engineering standards.
Recommendation: Construct a sandline waler similar to that provided along
main channel.
Coping and tieback system are acceptable as is.
Expected service life if remediated as described: indefinite.
Engineering & Construction Co§t Estimate
Total Construction Cost w/ 15% Contingency $337,700
Total RYS&A Engineering Fee 25,000
Total Estimate of Permitting Costs 5,000
Total RKS&A Construction Support 12,000
Incidental Expenses 6,000
GRAND TOTAL $385,700
Construction c8st estimates are based on a single-phase repair.
Engineering fees are exclusive of direct expenses (e.g. plan check fees,
reprographics, etc.) which are billed at cost.
This concludes our summary of our investigative work at BCYC to date.
Please call if you have any questions or need additional information.
Yours very truly,
�11.1 -------
K. SH REN & ASS
Richard K. Shogren, P.E.
Principal
RKS:my
RICHARD K. SHOGREN & ASSOCIATES Consulting Ch,il Engineers
File NO: L010594Y.845
cc: T. O'Keefe
R. Holmgren
S. Kniss
Page 3
Reference: M122793Y.845, "Estimate of service Life", 12/27/93
L102693Y.845, "Preliminary Construction Cost Estimate",
10/26/93
L102193W.845, "Supplemental Report of Field Investigation of
Bulkhead Bottom at Yachtsmans Covell, 10/21/93
L062593Y.845, "Report of Bulkhead Investigation", 6/25/93
k,
RICHARD K. SHOGREN & ASSOCIATES Constiltitig Ch -H Enyhieers
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SIZE ------------ SLIP_# H�E ----------
------------ -------
73 25' x 12V 113 351 x 13'10
74 35' x W3 114 351 x 13'9
75 35' x 1412 115 35' x 13'10
76 35' x 14'4 116 3.5' x 13'
77 351 x. 1.4'3 117 35' x 13'
78 35' x 1.4'1 118 35' x 12'10
79 35� x 1.4'2 119 351 x 14'
80 351 x 14'4
120 35' x 14'
81 35' x 14' 12.1 351 x, 14'
82 35' x 1414 122 351 x 13111
83 351 x 14'4 123 W END Tlr'--
- ------------
84 40' END TIE 1.24 END TIE V
85A 281 SIDE TIE' 125A q5 "SIDE TJE1.
85B 40' SIDE TIE 125B 5 SIDE TIE
'86 �40' x 15'2- 126A SIDE TIE
87 40J x 14111 126B 0�5'.',SIDE TIE
88 4W x 151 /, ,
12 �A,
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89 40,- x 14'8 12 7 B '(E D- -E-
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0 128A,
91 40' END TIE� 128B '3� SIDE TIE�/
92 35'. END TIE-` 129 3, END TIE,
93 35 - x 13'5 130 43" END TIE L/
94 35' x 14'3 131 l95' x 1618
95 351 x 14'3 132 45' x 1618
96 35' x 1414 133 45' x 1716
97 35' x 1412 134 q51 x 1614
A 30' SIDE TIE-- '1-3 45' x 1716
98B 301 SIDE TIE V 136 45' x 17'4
99 40' x 14'9 137 45' x 17'3
100 35' x 1419 138 45' x 17'3
101 35' x '141 139 48' END flt
102 35' x 1318 140 48' END TIE'/
103 30' x 13' 141 451 x 1716
104 35' END TIEV 142 45' x 1714
105 87' SIDE TIE 143 45' x 1713
106 351 x 14'2 1 . 44 45' x 16'.11
107 35' x 1411
145 42' x 16'10
108. 351 x 141 - 146 42' x 1519
109 35' x 13'11 147 421 x 1517
110 35' x 141 v 148 421 x 15'7
111 38 END TIEi P.
149 48' END TIE
112 38 END TIE
BAPIA CORINTHIAN YACHT CLUB
83 SLIPS
CITY OF NEWPORT BEACH
February 2,1996
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
Cash & Associates
P. 0. Box 2715
Huntington Beach, CA 92647
Dear Sirs:
The application for approval in concept for the Bahia Corinthian Yacht Club
bulkhead repair will be going to the Council on February 12, 1996. Assuming
that the Council approves the recommendation by staff, the approval in concept
will be available for you on February 13, 1996. In addition to the approval of
Council, you will also need to apply for a building permit, submit your
application to the California Coastal Commission, and apply for approval to the
Army Corps of Engineers.
If I can be of any further assistance, please contact me at 644-3044.
Sincerely,
Tony Me urn, Deputy Chief
Newport Beach Fire and Marine Department
TM/jb
BHYPu
3300 Newport Boulevard, Newport Beach
City of Newport Beach
Marine Department
Tony Melum
Page 2 -
BAHIA CORINTHIAN YACHT CLUB
BULKHEAD REPAIR
(C&A Project No. 4901.00)
existing building. We are proposing to replace the existing tie rods with new Earth
Anchors which can be installed without excavating under the building. The new
wale is required to transfer the load on the existing bulkhead to the new Earth
Anchors.
Your concept approval of the project will be appreciated.
If you have any questions regarding this letter, please contact me.
Very truly yours,
CASH & ASSOCIATES
C
A. Ross Cash, S.E.
Chairman
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SECTION
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MEMORANDUM
Newport Beach Fire and Marine Department
Office of the Deputy Chief
DATE: October 5, 1995
TO: City Clerk
FROM: Marine Division
SUBJECT: Bahia Corinthian Yacht Club Option
Attached is a copy of the check recently received from the Bahia Corinthian Yacht Club and
forwarded to the Revenue Department, as required by the Option to Lease. Also attached and
signed by a representative of the Club is the Option. Once the Mayor and City Clerk have
signed, could you forward a copy of the signed option and the blank Lease to the Bahia
Corinthian Yacht Club at 1601 Bayside Drive, Corona del Mar, California 92625.
Tony Melum, Deputy Chief
TM/jb
RONALD K. BROWN, JR.*
GARY ALDO DAPELO�
ROBERT W. OYESS, JR.
MELVIN 5. FELDMAN
PAULC.HEGNESS�
DEBORAH L.HUEPI
HEIDI STILB LEWIS
AARON P. MORRIS
THOMAS J. O'KZZFE�
NANCY E. RANEY
JOHN A.STILLMAN
KRISTINE A,THAGARD
THOMAS E. WALLEY
�A PROFESSIONAL CORPORATION
May 11, 1995
LAW OFFICES OF
GoOD, WILDMAN, HEoNEss & WALLEY
BODO CAMPUS [DRIVE
�EWPORT BEACH, CAMI11ORNIA 02EIGO
(714) 9SS-ItOO
Mr. Tony Melum
Acting marine Director
City of Newport Beach
Post Office Box 1768
Newport Beach, California 92658-8915
Re: Long-term lease for the tidelands
Bahia Corinthian Yacht Club
Dear Mr. Melum:
ROY M. GOOD
(RETIRED)
PAUL W. WILDMAN
(19R4.1983)
OF COUNSEL
LOUIS A. CAPPAOONA
DOUGLAS M.VICKERY
PAX (714) e33-0633
Pursuant to the action taken at the City Finance Committee I have
marked up by handwritten notes the last draft of the Lease prepared
by the City Attorney. Since this is on the City's word processor
I thought it would be easiest to provide my comments this way.
I have also revised the Option to Lease to track the same changes
contained in the Lease. Please let me know if the City Attorney
has any questions,
Very truly yours,
Thomas J. O'Keefe
TOK: rmt
Encs.
cc: Mr. Richard Holmgren
Mr. Douglas White
CITY OF NEWPORT BEACH
CITY COUNCIL FINANCE COMMITTEE
AGENDA
May 8,1995 Council Chambers Conference Room
3:00 p.m.
1. ROLLCAL
Dennis O'Neil, Chairman Norma Glover, Councilmember
John Hedges, Mayor Kevin J. Murphy, City Manager
Dennis Danner, Finance -Director
2. APPROVAL OF MINUTES
Approval of minutes for Finance Committee meeting of April 24, 1995.
3. PUBLIC COMMENTs
Public comments are invited on any matter of public interest.
Speakers must limit comments to 3 minutes.
4. DISCU 3SION/ACTION ITEMS
A. Investment Advisors' Quarterly Updates,
B. Balboa Corinthian Yacht Club Tidelands Lease.
C. New 1995-96 Revenue in Building, Planning & Fire.
D. Annexation Issues.
E. Director's update.
F. Other financial matters.
5. MATTERS WHICH A COMMITTEE MEMBER MAY WISH TO PLACE
ON A FUTURE AGENDA
6. ADJOURNMENT
MINUTES
CITY OF NEWPORT BEAC14 FINANCE COMMITTEE
May 8,1995
The City of Newport Beach Finance Committee met at 3:05 p.m., May 8, 1995, in the
City Council Chambers Conference Room, 3300 Newport Blvd., Newport Beach, CA
92663.
1. ROLL CALL
Those in attendance were:
Chairperson Dennis O'Neil, and Councilmember Norma Glover. Mayor John
Hedges arrived during Discussion/Action Item "A".
Finance Director Dennis Danner, Deputy Finance Director Dick Kurth, Marine
Director Tony Melum and Finance Clerk Cathy Fisher.
Following the agenda, the following actions were taken:
(Note: Due to the number of people attending the meeting. for the Balboa Corinthian
Yacht Club Tidelands Lease, it was voted 2-0 to take the agenda out of order and discuss
this item first,)
DISCUSSION OF ITEM B:
Balboa Corinthian Yacht Club Tidelands Lease: Chairperson O'Neil gave a
brief summary of prior meetings and discussions regarding this item, and outlined
what needed to be decided at the current meeting.
He followed his comments with a motion that: (1) BCYC would pay $15,000 for
the option to lease at the time they enter into the option; (2) that slip rents would
be reviewed and adjusted annually; and (3) that slip rents would fluctuate with
current market conditions and would not go below the current (at the time of the
adjustment) City tidelands permit fee. The motion passed by a vote of 2-0.
The lease agreement is expected to be voted on by the full Council at its meeting
of May 22, 1995. The Finance Committee will recommend approval.
Finance Comn-�ttce Nfinutes
5/8/95
Page 2
2. APPROVAL OF MINUTES:
The minutes of the Finance Committee meeting of April 24, 1995 were approved
by a vote of 2 Yes, 0 No. Councilmember Glover reminded staff that Discussion
Item C, Fire Department Privatization or Joint Public Agency Provision of
Service, was requested to be brought back to the Finance Committee.
3. PUBLIC COMMENTS:
There were no public comments at this time.
4. DISCUSSION/ACTION ITEMS:
A. Investment Advisors' Quarterly Updates: The City's three investment
advisors were present to provide their quarterly update reports. First to speak,
was Marty Castle of Chandler Liquid Asset Management, Inc. He discussed the
company's investment objective for the City of Newport Beach and the interest
rate environment. He covered the past quarter's distribution of investments and
performance results. Currently, the portfolio strategy is to maintain a high level
of short-term investments. Market trends suggest that interest rates should remain
low, or go even lower. Mr. Castle recommends that the City consider longer-tenn .
investments. It was agreed that when the City receives its money from the
Orange County Bankruptcy, longer-term investments will be looked at, while still
maintaining a level of liquidity,
Next to speak, was Brad Craig of the Investment Management Group for Wells
Fargo Bank. Mr. Craig also went though his company's performance summary
for the City of Newport Beach which currently consisted of a high concentration
in cash equivalent overnight funds. The economic summary showed trends
consistent with interest rates dropping and would indicate that more investments
should be extended farther out.
The last speaker was Nancy Jones of Public Financial Management. She began
by confirming what the other speakers had stated and said that rates appear to
have peaked and started to decline. PFM also recommends that the City invest
additional funds in longer maturities; no longer than three years, however.
Finance Director Danner informed the Committee that after the payment of over
$13 million from the Orange County Pool on May 18th, the City would be
looking at longer-term investments again. In the past, investment advisors were
handling the long-term investment needs of the City. While the money was
Finance Committee Nfinutes
5/8195
Page 3
unavailable, the investment advisors were instructed to keep all funds as liquid as
possible. The investments advisors shouldn't be paid to handle short-term
investments. That will be the direction made by staff once the Orange County
Pool money is received,
(Note: Item C, New 1995-96 Revenue in Building, Planning & Fire, was postponed,
Some items still needed to be reviewed by the Economic Development Committee.)
D. Annexation Issues: Chairperson O'Neil began the discussion by stating
that he attended the meeting with the Santa Ana Heights' annexation
representatives, They were informed that due to budgetary problems with
annexing the Santa Ana Heights area, an assessment district would Deed to
formed in order for the City to approve it. The representatives said they will
analyze tire idea with their consultants. In addition, they will talk with the Orange
County Board of Supervisors regarding what money might be available from the
redevelopment agency.
Chairperson O'Neil also attended a Bay Knolls annexation meeting with
Councilniember Tom Edwards. He apologized to Councilmember Glover that she
was not informed of the meeting. He has since learned that this would be her
district if it were ever to be annexed. He also dispelled rumors that he and
Councilmember Edwards had told the Bay Knolls' representatives that the City
supported annexation. He said their position was that the City supported change
in sphere of influence only, with Costa Mesa's approval.
Councilmember Glover and Mayor Hedges both stated that they do not want to
mislead the Bay Knolls' residents nor do they want staff to spend more time on
analyzing the situation. Neither supports a change in the sphere of influence or
the possibility of annexation. The area is not geographically located to be a
natural part of the City and the analysis presented by the Planning Department
indicates that it would not be financially desirable.
It was agreed that the City Council should take action at a future meeting to
recommend that a letter be sent to the Bay Knolls' annexation representatives
stating the City's intention. It was also agreed that Finance Committee approval
is required before additional staff time is spent on the Santa Ana Heights
annexation issue.
The Committee members requested that an update of the Newport Coast
annexation be presented to the Committee at a future meeting.
Finance Committee Nlinutes
5/8/95
Page 4
E. Director's Update: Finance Director Danner detailed that the money to
be received from the Orange County Pool on May 18, 1995 will total $13.6
million. Staff is making preparations to bring a fourth investment advisor on
board, as required by the City's investment policy. He also informed the
Committee that the 1995-96 preliminary budget is planned for distribution to the
Council on May 29th or 30th.
Mayor Hedges stated that, in the future, the budget should be received by the
Finance Committee prior to being received by the full Council. He understands
that it is not possible this year. Members of the public were informed that copies
of the preliminary budget would be made available through the Finance
Department and at all City libraries. Public hearings are planned for June 12th
and June 26th.
THE MEETING WAS ADJOURNED AT 5:05 PM TO BE CONTINUED AT 3:00
PM ON MONDAY, MAY 22,1995.
The City of Newport Beach Finance Committee reconvened at 3: 10 p.m., May 22, 1995,
in the City Council Chambers Conference Room, 3300 Newport Blvd., Newport Beach,
CA 92663.
Those in attendance were:
Chairperson Dennis O'Neil, Mayor John Hedges, and Councilmember Norma
Glover.
City Manager Kevin Murphy, Finance Director Dennis Danner and Finance Clerk
Cathy Fisher. (Assistant City Manager Ken Delino, Building Director Raimar
Schuller, Fire Chief Tim Riley and Fire Marshal Dennis Lockard joined the
meeting at the start of Discussion/Action Item "C".)
4. DISCUSSION/ACTION ITEMS (continued) -
F. Other Financial Matters: Finance Director Danner introduced Lester
Wood and Darlene Blaney of FSA. It was explained that FSA might be a possible
fourth investment advisor for the City.
Mr. Wood and Ms. Blaney presented the Committee with information about
AIM's Short -Term Investment Trust -Treasury Portfolio money market fund and
FSA's services. FSA works exclusively with government agencies and sells other
Finance Committee NEnutes
5/8/95
Page 5
money market funds, in addition to AIM.. They felt the AIM fund would lend
itself well to the City's requirement for liquidity and safety.
The charge is 18 basis points, with 8 going to FSA. This was the charge for their
class of shares, AIM is a $3 billion fund, with their class having $73 million. A
short discussion followed regarding the City's investment policy's acceptable
investment instruments.
The Committee recommended that staff check for accuracy in FSA meeting the
City's investment policy and perform a reference check on FSA.
C. New 1995-96 Revenue in Building, Planning & Fire: City Manager
Murphy gave a summary of what has been done to date in regards to the new
revenues identified in Finance Director Danner's memo of April 18, 1995. The
acceleration of the 1/3-1/3-1/3 phase-in of Planning and Fire fees was referred to
the Economic Development Committee and needs to be discussed at the current
Finance Committee meeting.
The Off -Shore Mooring fees and the new Jail Booking fees are expected to go to
Council on. June 12th, The Balboa Yacht Basin has already been acted on. The
new fee schedules for the Uniform Building Codes are awaiting the State's
adoption, The Cost Recovery Analysis is underway with five consultants
submitting proposals.
City Manager Murphy explained that the rates and the 1/3-1/3413 phase-in
program were approved by the City Council last year. He is recommending that
the final two -third's increase occur simultaneously this year, rather than over a
two-year period.
Mayor Hedges felt that the item required a broader look to set policy for what
percentage of fees should be picked up by the user and what percentage by the
general fund. Finance Director Danner said the cost recovery analysis would help
in that process. He also suggested that rather than looking at each fee
individually, categories might be set up.
Councilmember Glover is concerned about raising fees just to balance the budget.
She feels that some recommended fee increases aren't justified. Mayor Hedges
also agrees that fee increases shouldn't be done merely to close the budget gap.
He feels the cost recovery analysis needs to be done before a decision can be
made about accelerating the fee increases. City Manager Murphy offered to
Finance Comm
ittee Nfinutes
5/8/95
Page 6
provide the Committee with the information that was used last year in establishing
the fees.
Councilmember Glover made a motion that, beginning with the 1995-96 budget,
staff evaluate any estimated revenues due to accelerated fee schedules on a
quarterly basis; if not matched, budget adjustments should be made by the City
Manager. The motion passed 2 Yes, I No (with Chairperson O'Neil voting no).
5. FUTURE AGENDAS:
Mayor Hedges requested that staff look at reports from the past two to three years
on assumptions made in revenue projections and compare that to what actually
ended up happening. He'd like the results reported to the Finance Committee. It
was agreed unanimously by the Committee to have this study performed.
6. ADJOURNMENT:
The next Finance Committee meeting is scheduled for May 30, 1995 at 1:30 p.m.
in the City Council Conference Room. The Finance Committee adjourned at 4:45
p.m.
Attached to these minutes are copies of all material distributed at the meeting.
Attest:
Dennis C. Danner
Finance Di rector, City of Newport Beach
Date
_5-- �,5-- ��—
CITY OF NEWPORT BEACH
Marine Department
June 1, 1995
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT: BAHIA CORINTHIAN YACHT CLUB TIDELANDS LEASE
Recommendation:
If desired:
1. Approve the transition from an annual Commercial Harbor
Permit to a 35 year Lease for the tidelands bayward of
the Bahia Corinthian Yacht club (Bcyc).
2. Approve the attached Option and Lease in substantially
the form attached.
Background:
Within the last year, the Bahia Corinthian Yacht Club (BCYd) has
had an opportunity to purchase the land on which their yacht club
sits from the Irvine Company. The majority of the marina bayward
of the yacht club is over State Tidelands and is permitted to
California Recreation, a dba of the Irvine Company.
The City's permit fee for the use of this water area,is based on an
appraisal done in 1989, at which time it was recommended that the
fair market permit fee for commercial tidelands use be 21 cents a
square foot per year. The fee is reviewed annually and
recommendations for adjustments are based upon the Consumer Price
Index.
To assist in financing the purchase of the property, BCYC has
approached the City with a proposal to lease the tidelands bayward
of the yacht club rather then have them under a permit.
In June of 1993, the Marine Department, in conjunction with the
BCYC, commissioned an appraisal of the fair rental value of the
tidelands bayward of the yacht club. The appraisal, done by
George Hamilton Jones Incorporated, concluded that the fair rental
value of the water area, pursuant to a long term lease, would be 9
percent of the gross receipts from the slip rentals within the
tidelands.
Analysis:
Currently, the marina, under the permit system, occupies 62,800
square fee of the City tidelands. The City's permit fee is
RONALD K. SROWN,JR.�
GARY ALDO DAPELO�
ROBERT W. EYES$. JR.
MELVIN S.FELOMAH
PAUL C. HEGNESS
DEBORAH "HUENNCKENS
HEIDI STILB LEWIS
AARON P, MORRIS
THOMAS J. O'KEIEFE�
NAN�Y E. RANEY
JOHN A. STiLLMAN
KRISTINE A. THAGARD
THOMAS E, WALLEY
'A PROFESSIONAL CORPORATION
August 29, i995
LAW OFFICES OF
GOOD, WILDmAw, HEONESS & WALLEY
SOOO CAMPUS DRIVE
NEWPORT ]BEACH, CAL1yORNTA 92BOO
(714) 9SS-1100
Mr. Doug White
Bahia Corinthian Yacht Club
1601 Bayside.Drive
Corona del Mar, California 92625
Mr. Richard Holmgren
610 Newport Center Drive, Suite 1240
Newport Beach, California 92660
Re: Bahia Corinthian Yacht Club
Gentlemen:
ROY M. GOOD
(RETIRED)
PAUL W. WILDMAN
(1924-1983)
OF COVNSCL
LOU15 A. CAPPADONA
DOUGLAS M.VICKERY
FAX (714) 833-0633
Based on my last conversation with Mr. Melum we can expect to sign
the final lease option with the city on Tuesday, September 12th,
subject to the city counsel's confirmation of the reduced lineal
footage at their meeting on September llth.
The calculations in my letter of August 25, 1995 (copy enclosed)
have changed slightly in that Mr. Melum's calculation of the lineal
footage was 2,079 feet while the figure I had been given was 2,074.
Mr. White has confirmed that we should accept Mr. Melum's figure of
2,079 feet which changes the calculations as follows:
The rent on page 4, paragraph 5, shall be $29,256.52 (per year) and
the monthly installments will be $2,438.04 with the changes in
numbers and calculations described above.
The language clarifications contained in my letter of August 25,
1995, will be incorporated in the lease to be attached to the
option agreement. I will let you know the time for the document
signing as soon as I hear.
Very truly yours,
Thomas J. O'Keefe
/rmt
Enc /cc:, Mr. Tony Melum
RONALD K. BROWN, JR.'
GARY ALDO DAPELO-
ROBERT W. DYESS,-R.
MELVIN 5. FELDMAN
PAULC.HEGNESS
DEBORAH L.HUENNEKENS
HEIDI STILB LEWIS
AARON P. MORRIS
THOMAS J. O'KEEFE-
NANCY E. RANEY
JOHN A. STILLMAN
KRISTINE A.THAGARO
THOMAS E.WALLEY
,A PROFESSIONAL CORPORATION
August 25, 1995
LAW OFFICES OF
GoOD, WILDMAN, HEGNESS & WALLEY
5000 CAMPUS DRIVE
NEWPORT BEALCH, C�TFORN� 92GOO
(714) 9SS-1100
(Via Facsimile No. (714� 673-3056�
Mr. Tony Melum
Acting Marine Director
City of Newport Beach
Post Office Box 1768
Newport Beach, California 92658-8915
Re: Proposed Changes To Lease Agreement
Dear Mr. Melum:
ROY M. GOOD
(RETIRED)
PAUL W. WILDMAN
(1924-19133)
OF COUNSEL
LOUIS A. CAPPADONA
DOUGLAS M-VICAERY
FAX (714) 833-0633
I have faxed herewith two pages, numbers 4 and 5 of the proposed
Lease Agreement, with my proposed changes interlineated. If my
handwriting is unclear, it reads as follows:
Pacre 4, End of ParagraDh 4 (IMPROVEMENTS TO LEASED PREMISES):
"of t he 2,504 lineal feet of slips for docking of boats,
6) 17A .6-7-4 lineal feet of such slips are located on the leased
premi ses and shall serve as the basis for calculating
rent hereinbelow."
Amount changed from $35,237.29 to $29,186.16.
Z Page 4, Paragraph 5 (RENT):
After the words "Lessee shall pay" add "in 12 equal
monthly installments of 2,432.18 each on the first of
each month"
Page 4, Paragraph j REILTI:
__L_
Change 2,504 to 2,074.
ALIG-117-95 THU 9;19 NEWP E:, -:H MARINE DEPT 7 1 4�733056 P . 08
improvements include, but are not necessarily limited to,
bulkheads, piers, docks, floats and related improvements which
comprise a marina consisting ofJ,504 lineal feet of slips for
docking of boats, (Collectively, the "Marina improvements") as
shown on Exhibit B,
Upon execution of this lease Lessee shall pay to Lessor the
sum of thirty-five .�housand, two hundred, thirty-seven dollars and
�v 9 7, JO � Ik
twen�y-nine cents $35,237,29), and every yea�,r th eafter Lessee
shall pay rent which sum is equa to 9 pe�cent of the annual gross
receipts from slip rentals gener teld by'�i�lineal f eet of marina
slips at a rental rate of $13 03 per lineal foot, the ("rental
rate") or such rental rate a may be adjusted as provided in
Paragraph 6 below. �_/ 7_�q 3 �? , J F ,�
6. RENT ADJUSTMENT/MINIMUM RENT
Every year, on the anniversary date of the lease, the rental
rate shall be adjusted upwards or downwards in direct proportion
to the weighted average increase or decrease in the rate per lineal
foot of slips in the "comparable marinas" described below, but in
no event shall the rent adjust below the then prevailing commercial
harbor permit fee paid by other commercial users within lower
Newport Harbor. The weighted average rate per lineal foot of slips
shall be determined by the following "comparable marinas.11:
Bayside Marina, Villa Cove Marina, Balboa Yacht Basin, Balboa
4
determine the future rental rates,
ALTERATIONS
Lessee shall have the right to make, at its sole expense,
such nonstructural changes, alterations, improvements and
additions in and to the marina improvements, but such changes shall
conform to the City's Harbor Permit Policies and Exhibit B,
Structural changes shall not be made to any marina improvement
without first submitting written plans and specifications of the
proposed change, alteration or addition to the Lessor and obtaining
Lessor's written approval. Lessee. shall make, at its expense, such
changes, alterations or additions iri and to structures on the
Premises that may be required by any Public law ordinance from time
to time, applicable to Lessee's use and occupancy of the Premises.
E—, M&RTNA MAINTENANCE
Lessee at its sole cost and expense, shall keep and maintain
all marina improvements and related fixtures and personal property
in first class order, condition and repair. Lessee shall maintain
,�2 o7lt
and operate not less than.2j504 lineal feet of slips available for
rent. Maintenance dredging bayward of the property line, between
5
0
August 21, 1995
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
BAYS1DE, LLC
1711 Westcliff Drive, Suite B
Newport Beach, CA 92660
Attn: Richard N. Dick, Member
Dear Mr. Dick:
Thank you for your letter of August 3rd, 1995 and the information provided. The drawing that
was submitted can suffice as an "as built" drawing for the docks themselves. However, it is
necessary that we delineate the permit zone that will be transferred from the Irvine Company
California Recreation to you. The Harbor Permit policies define the permit zone as the bayward
extension of the side property lines out to the US project line. Could you please.have prepared
a drawing delineating the dimensions of the property lines for the parcel and then extend those
side property lines out across the dock system to the US project line?
That will, in effect, be the permit zone and the structures within the permit zone that will be
transferred from the Irvine Company to the new entity.
In addition to the above, I understand that you are requesting a transfer of the Harbor Permit
as provided by the Newport Beach Municipal Code. The City is making a transition from the
permit system for commercial properties, to long term leases. As you may be aware, the City
is just finalizing a thirty-five (35) year lease with the Bahia Corinthian Yacht Club for their
tidelands adjacent to your property. Would you be interested in a long term lease for the permit
zone, rather than a harbor permit?
If you need any other information or wish to discuss this with me further, please call me at 644-
3044.
Very truly yours,
Tony Mehim, Deputy Chief
Fire and Marine Department
Marine Division
BAYSIDE.LLC
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
Marine Department
January 17, 1995
TO: FINANCE COMMITTEE
FROM: Marine Department
SUBJECT: BAHIA CORINTI41AN YACHT CLUB/BALBOA YACHT CLUB
TIDELANDS LEASES
Recommendation:
If desired:
1. Approve in concept the transition from an annual permit
to multiyear leases for the tidelands bayward of the
Bahia Corinthian Yacht Club (ECYC) and the Balboa Yacht
Club (BYC).
2. Approve the basic terms of the lease. (Draft lease
attached.)
3. Authorize staff to negotiate final lease document and
option with the applicants.
4. Submit the leases to Council for final approval.
Background:
Staff is submitting this proposal to the Finance Committee, as
required by Section F-7 of the City Council Policy manual,
specifically, Section 7, which states:
Section 7. "All negotiations regarding the lease, management
contract, concession, sale or -similar action regarding income
property shall be conducted by the City Manager or his designee
under the direction of the City Council Ad Hoc Income Property
Committee or other appropriate committees prior to
consideration by the City Council."
Within the last year, the Bahia Corinthian Yacht Club and the
Balboa Yacht Club have had an opportunity to purchase the land on
which their yacht clubs sit from the Irvine Company. The marinas
bayward of the yacht clubs are over State tidelands and permitted
to California Recreation a dba of the Irvine Company.
The City's permit fee is based on an appraisal done in 1989, at
which time it was recommended that the fair market permit fee for
tidelands use be 21 cents a square foot per year. The fee is
reviewed annually and recommendations for adjustments are based
upon the Consumer Price Index.
To assist in financing the purchase of the properties, the yacht
clubs have approached the City with proposals to lease the
tidelands bayward of the yacht clubs rather then have them under a
permit.
In June of 1993, the Marine Department, in conjunction with the
Bahia Corinthian Yacht Club, commissioned an appraisal of the fair
rental value of the tidelands bayward of the club. Originally,
this appraisal was to be done for both the Bahia Corinthian Yacht
Club and the Balboa Yacht Club, however, at the last minute, the
Balboa Yacht Club withdrew, feeling that they probably would not be
able to go forward with the purchase transaction. The appraisal
done by George Hamilton Jones Incorporated concluded that the fair
rental value of the water area pursuant to a long-term lease would
be 9 percent (9*-.) of the gross receipts from the slip rentals
within the tidelands. Since that appraisal was prepared, the
Balboa Yacht Club has reinstituted efforts to purchase the property
and has come to the City for a long-term lease. Technically,
Section F-7.2 of the Council Policies, states:
Section F-7.2 "All negotiations regarding the lease,
management contract, concession, sale or similar action
regarding income property shall include review of an
appraisal or analysis of the use being considered for
the property conducted by a reputable and independent
professional appraiser, real estate consultant or business
consultant."
An additional appraisal could therefore be required prior to the
leasing of the BYC tideland's parcel, and in that regard, staff
requested that George Hamilton Jones Incorporated prepare an
estimate of costs for the BYC. (A copy of his proposal is
attached.)
It is staff's position that the appraisal done in 1993 is
sufficient for both leases for the following reasons:
1. Both Lessees are Yacht Clubs adjacent to the
tidelands.
2. Both properties are, essentially, side by side,and occupy
similar upland square footage
3. Both properties are leasing approximately the
same square footage of tideland's area.
4. Both tideland's parcel will be used in exactly
the same manner.
5. Both yacht clubs have agreed to the rent structure
As mentioned above, the rent shall be a fixed rent, commencing at
the rate of 9 percent (916) of $13.03 per lineal foot of leasable
slips. Every third year, on the anniversary date of the lease, the
rental rate shall be adjusted upwards or downwards, but it should
never be adjusted below seventy-five percent (75�6) of the average
annual rent paid for the preceding three year period. The term of
the lease shall be 35 years from and after the date of exercise of
the option.
Tony Melum
Acting Marine Director
tmbahiap.mem
RONALD K. BROWN, JR.�
GARY ALDO DAPELO�
ROBERT W. DYESS,JR.
MELVIN S.FELOMAN
PALI-C.HEONESS
DEBORAH L.HUENNEKENS
HEIDI STILE LEWIS
AARON R MORRIS
THOMAS J. O-KEEFE
NANCY C. RANEY
JOHN A.STILLMAN
KRISTINE A.THAGARO
THOMAS E,WALLEY
*A PROFESSIONAL CORPORATION
June 6, 1995
LAW OFFICES OF
GoOD, WILDMAN, HEGNESS & WALLEY
ROY M. GOOD
5000 CAMPUS DRIVE (RETIRED)
NEWPORT BEACIL CALIFORNIA 92660 PAUL W. WILDMAN
(714) 9SS- 1100 �1924-1983)
OF COUNSEL
LOUIS A.CAPPADONA
DOUGLAS M,VICKERY
PAX (714) 833-063�
x f
7
Mr. Tony Melum
Acting Marine Director
City of Newport Beach
Post Office Box 1768
Newport Beach, California 92658-8915
Newport Beach City Finance Committee
City of Newport Beach
Post Office Box 1768
Newport Beach, California 92658-8915
Attn: Mr. Ken Delano
Re: Long-term lease for the tidelands
Bahia Corinthian Yacht Club
Gentlemen:
We have just received from Mr. Melum a schedule of rents reflecting
upward adjustments from those which we used in our earlier lease
negotiations, and Mr. Melum has asked whether the Bahia Corinthian
Yacht Club would agree to the revised rent schedule and to an
adjustment whereby the rents should be set at the time of exercise
of the lease option. While the club had understood the schedule of
rents that it and the city were working with during the time of
negotiations and verbal agreement would constitute the initial
year's rental rate, the club does not oppose the proposed upward
adjustment of rates on the condition that the rents schedule of the
comparable marinas used to determine the rent for Bahia Corinthian
Yacht Club is weighted by the vacancy percentage actually
experienced by each of the scheduled marinas at the time the
schedule of comparable slip rents is prepared. This would prevent
the fair market rental value from being skewed by reason of one
marina determining that they are willing to accept a 15% or 20%
vacancy rate in exchange for a 15% or 20% increase in quoted slip
rents.
Mr. Tony Melum
Newport Beach City Finance Committee
June 6, 1995
Page 2.
It is also my understanding that due to some additional lease
provisions the city wants included in the draft lease agreement and
because of backlog in the city attorney's office the city council
will not be able to hear this matter on the 12th as previously
scheduled but will have to take it up on June 26th.
If I can be of any- assistance in redrafting the lease to include
the desired provisions, please let me know what additional lease
times are desired, and perhaps I can do the drafting for review by
the city attorney's office.
Please let me have your response to these suggestions.
Very truly yours,
� � 6-, 0,
Thomas J. O'Keefe
TOK: rmt
cc: Mr. Richard Holmgren
Melum, Tony
From:
Melum, Tony
To:
Forde, Kathy
Subject:
RE: MEETING
Date:
Mon, Apr 10, 1995 2:05PM
I do if I can just find theml Will send you a copy.
Thanks Tony
From: Fords, Kathy
To: MELUM
Subject: RE: MEETING
Date: Mon, Apr 10, 1995 2:OOPM
Priority: High
Catering to your every wish, the meeting is scheduled for 4/25 at 7:30 a.m.
in Council Chambers Conference Room. Do you have minutes from your last
meeting?
From: Melum, Tony on Wed, Apr 5, 1995 3:22 PM
Subject: RE: MEETING
To: Forde, Kathy
4/14 or 4/25 okay would prefer the 25th.
Tony
From: Forde, Kathy
To: MELUM
Subject: RE: MEETING
Date: Wed, Apr 5, 1995 2:48PM
Priority: High
Let's start over. None of them worked. How about:
4/13 8:00
4/14 8:00
4/25 7:30
From: Melum, Tony on Wed, Apr 5, 1995 9: 10 AM
Subject: RE: MEETING
To: Forde, Kathy
They all are okay except the 21 st, let me know. Thanks Tony
Tony
From: Forde, Kathy
To: MELUM
Subject: MEETING
Date: Tue, Apr 4, 1995 4:03PM
Priority: High
Kevin has asked that I set up a Harbor and Beaches Meeting. Before I call
the Council Members, please let me know if you are available on April 18th
at
Page 1
8:00, April 20th at 4:00 and April 21 at at 8:00. Thank you.
Page 2
Melum, Tony
From:
Delino, Ken
To:
MELUM
Subject:
RE: BCYC Lease
Date:
Thu, Mar 23, 1995 6:03PM
Sure, call or send me the differences.
T�rom: Melum, Tony on Thu, Mar 23, 1995 1:00 PM
Subject: BCYC Lease
To: Delino, Ken
I am preparing a letter to Tom O'keefe re the last meeting of the Finance
Committee and the above Lease. Kathy's notes seem to be inconflict with
what I understand took place. Can we talk?
Page 1
LAW OFFICES OF
*A PROFCSSIONAL CORPORATLON
March 9, 1995
Mr. Tony Melum
Acting Marine Director
City of Newport Beach
Post Office Box 1768
Newport Beach, California 92658-8915
Re: Long-term lease for the tidelands
Bahia Corinthian Yacht Club
Dear Mr. Melum:
FAX (714) 933-0633
I have revised and submitted herewith the form of Option to Lease
incorporating the four additional points negotiated in our meeting
of February 23rd. Please let me know when our appearance might be
required at the City Council or Finance Committee meetings where
this matter will be considered.
Very truly yours,
'b
Thomas j. i 'K,
TOK: rmt
Enc.
cc: Mr. Richard Holmgren (w/enc.)
Mr. Doug White (w/enc.)
GoOD, WILDx-&N, HEONESS & WALLEY
RONALD K. BROWN, JP.�
GARY ALDO DAPELO�
ROY M. GOOD
ROBERT W. DYESS, JR.
5000 CAMPUS DRIVE
(RETIRED)
MELVIN S.FSLDMAN
PAULC.HEGNESS�
NEWPORT DFACR, CALIFORNIA 92E360
DEBORAH L.HUENNEKENS
PAUL W. WILDMAN
HEIDI STILS LEWIS
(714) 9SS-1100
(1924-1983)
AARON P. MORRIS
THOMAS J. OIKEEFE�
NANCY E. RANEY
OP COUNSEL
JOHN A.STILLMAN
LOUIS A. CAPPA0ONA
KRISTINE A.THAGARO
DOUGLAS M.VICKERY
THOMAS Z. WALLEY
*A PROFCSSIONAL CORPORATLON
March 9, 1995
Mr. Tony Melum
Acting Marine Director
City of Newport Beach
Post Office Box 1768
Newport Beach, California 92658-8915
Re: Long-term lease for the tidelands
Bahia Corinthian Yacht Club
Dear Mr. Melum:
FAX (714) 933-0633
I have revised and submitted herewith the form of Option to Lease
incorporating the four additional points negotiated in our meeting
of February 23rd. Please let me know when our appearance might be
required at the City Council or Finance Committee meetings where
this matter will be considered.
Very truly yours,
'b
Thomas j. i 'K,
TOK: rmt
Enc.
cc: Mr. Richard Holmgren (w/enc.)
Mr. Doug White (w/enc.)
Melurn, Tony
From:
Delino, Ken
To:
MELUM
Subject:
RE: BCYC Lease
Date:
Wed, Mar 1, 1995 10:39AM
Call the chairman, Denny O'Neil and ask him.
Prom: Melum, Tony on Wed, Mar 1, 1995 10:37 AM
Subject: BCYC Lease
To: Delino, Ken
Will contact Tom O'Keeefe asap What if they want to address the committee
in person to describe their economic woes?
Page 1
I , ,
I
Finance Committee Nfinutes
2/27/95
Page 3
DUE TO TIME CONSTRAINTS, THE MEETING WAS ADJOURNED AT 4:05 PM
TO BE CONTINUED AT 4:00 PM ON WEDNESDAY, MARCH 1, 1995.
The City of Newport Beach Finance Committee reconvened at 4:05 pin, March 1, 1995,
in the City Council Chambers Conference Room, 3300 Newport Blvd., Newport Beach,
CA 92663.
Those in attendance were:
Chairperson Dennis O'Neil, Mayor John Hedges, and Councilmember Norma
Glover.
City Manager Kevin Murphy, Finance Director Dennis Danner, Planning Director
Jim Hewicker, Principal Planner Craig Bluell and Finance Clerk Cathy Fisher.
4. DISCUSSION ITEMS (continued):
B. Fiscal Analysis of Annexations: City Manager Murphy continued with
the need for the Finance Committee to make a decision on the direction of the
fiscal analysis of the annexations. The former annexation committee left some
issues unresolved. An assessment cost to the potential annexation residents needs
to be determined. Principal Planner Bluell stated that the numbers used for the
analysis are fair, but that it still needs to be determined what portion of the
property taxes will go to the County, what improvements will be handled through
the redevelopment agency, when the improvements will occur and what potential
liability exists. Further, Mayor Hedges stated that the consequences that cannot
be quantified need to be considered.
The Committee agreed that City Manager Murphy, Chairperson O'Neil and
Councilmember Tom Edwards should meet with the representatives of the Santa
Ana Heights residents and present them with a possible per resident cost to
annex, The response of the representatives will determine the direction that staff
should take; if the numbers seem acceptable to the representatives, staff will
proceed with further analysis.
The discussion then led to the fiscal analysis of annexing the Bay Knolls area.
The Bay Knolls residents are requesting that the sphere of influence for their area
be changed from Costa Mesa to Newport Beach. The fiscal analysis is being done
Finance Committee Nfinutes
2/27195
Page 4
to prepare for the likely request to annex that is expected to follow the sphere of
influence change, As with the Santa Ana Heights area, the costs to annex far
exceed the revenues generated in the Day Knolls area,
The Committee members felt that unless the Bay Knolls area would positively
affect the cash flow into the City, there is no need to consider annexation of the
area. The Committee directed staff to tell the residents of Bay Knolls that the
City is not interested in including the Bay Knolls area in its sphere of influence.
The Committee also agreed that staff should begin preparing the fiscal analysis of
the down coast area. It was decided that the initial decisions that need to made
would rely on the analysis information.
C. Other financial matters: No other financial matters were discussed.
5. FUTURE AGENDAS:
If there are no scheduling conflicts, the Fire Chief will be the department director
attending the next meeting to discuss his department's budget. It was also
requested that Residential Building Records be brought back to the Committee.
6. ADJOURNMENT:
The next Finance Committee is scheduled for Monday, March * 13, 1995, at 3:00
pm in the Council Chambers Conference Room. The Finance Committee
adjourned at 5:05 pm.
Attest:
136imis C. Danner Date
Finance Director, City of Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
FEBRUARY 24, 1995
TO: CITY COUNCIL FINANCE COMMITTEE
FROM: ASSISTANT CITY MANAGER
SUBJECT: BALBOA CORINTHIAN YACHT CLUB LEASE
ACTION: Review negotiations and, if desired, recommend approval to
City Council.
BACKGROUND: At the meeting of January 23, 1995, the Committee reviewed the
basic terms of the proposed lease and approved the basic concept but directed staff to
re -negotiate three items. The Marine Director and I met with them on February 23rd.
DISCUSSION: The negotiating points are summarized on the next page.
Generally, the club has very tenuous finances owing to a large mortgage to the Irvine
Company and the need for bulkhead repairs. Also, they are pioneering into a lease
and do not want to be at a competitive disadvantage to other marinas and clubs while
they arrange their financing.
Additional background will be provided at the meeting.
11"enn.thl.
KJD:mb
Attachment
SUMMARY OF NEGOTIATIONS
Original Fin. Comm. New
sAbi= ELQyLiiDn Direction Remoimepdaflus
Option Fee $10,000 up front or Higher Fee $15,000 up front.
$5,000 per year for Complete $400,000
3 years. bulkhead repair
before executing
lease.
Rent Adjustment Every 3 years Every year Every 2 years
Period
Rent Adjustment Both up and down
Never below 1 st Never below then ��1—
year rental. prevailing permit I -Pot
fee.
'A PROFESSIONAL CORPORATION FAX (714) 833-0633
February 2, 1995
Mr. Tony Melum
Acting Marine Director
City of Newport Bea(�h
Post Office Box 1768
Newport Beach, California 92658-8915
Re: Long-term lease for the tidelands
Bahia Corinthian Yacht Club
Dear Mr. Melum:
Thank you for your letter of January 25, 1995. We appreciate the
Finance Committee's approval in concept of the long-term leasin , g of
city.tidelands along the lines,which we�previously discussed.
I must, however, express the disappointment of the officers of
Bahia Corinthian Yacht Club ("BCYCII) regarding the three proposed
changes from what they believe had been a negotiated agreement in
principle subject to the drafting of the normal additional lease
terms for the city's protection. In this regard, I believe it
important to communicate the fact that, while the officers of BCYC
are anxious to conclude an arrangement for a lease that they
believe will give some comfort to a prospective future lender, they
are aware of their fiduciary obligations to their members and the
fact that they have already stretched the club's financial
abilities to the limit and cannot afford to pay lease -option rates
in excess of the market value for the right to enter into a longer
term lease in the future.
As I am sure you know, there is currently an almost unprecedented
softness in the market for boat slips, and for the first time in
recent memory, there are vacancies rather than waiting lists for
slips in the local marinas, including that of BCYC. In addition,
there is unprecedented softness in the price per foot quoted in
local marine newspapers for slips in other nearby marinas and even
in Newport Harbor. The annual permit fee. currently charged by the
City of Newport Beach is based upon George Hamilton Jone's written
appraisal of the fair market value of the rental value of the
tidelands, and the proposed lease price is approximately two times
that fair market value. The BCYC officers believe that, given some
LAW OFFICES OF
GoOD, WILDMAN, HEaNEss & WALLEY
RONALD K. BROWN, JR.�
GARY ALDO DAPELOI
ROY M. GOOD
ROBERT W. DYE55, JR.
SOOO CAMPUS DRIVE
�RETIRED)
MELVIN S. FELDMAN
PAUL C. HEGNIESS
NEWPORT BEACH, CALIFORNIA 02660
DEBORAH L.HUENNEKENS
PAUL W. WILDMAN
HEIDI STILE LEWIS
(714) 9SS-1100
�1924-1983)
AARON P. MORRIS
THOMAS J. O'KEEFE-
OF COUNSEL
NANCY E. RANEY
JOHN A. STILLMAN
LOUIS A. CAPPAOONA
KRISTINE A.THAGARO
DOUGLAS M.VICKERY
THOMAS E.WALLEY
'A PROFESSIONAL CORPORATION FAX (714) 833-0633
February 2, 1995
Mr. Tony Melum
Acting Marine Director
City of Newport Bea(�h
Post Office Box 1768
Newport Beach, California 92658-8915
Re: Long-term lease for the tidelands
Bahia Corinthian Yacht Club
Dear Mr. Melum:
Thank you for your letter of January 25, 1995. We appreciate the
Finance Committee's approval in concept of the long-term leasin , g of
city.tidelands along the lines,which we�previously discussed.
I must, however, express the disappointment of the officers of
Bahia Corinthian Yacht Club ("BCYCII) regarding the three proposed
changes from what they believe had been a negotiated agreement in
principle subject to the drafting of the normal additional lease
terms for the city's protection. In this regard, I believe it
important to communicate the fact that, while the officers of BCYC
are anxious to conclude an arrangement for a lease that they
believe will give some comfort to a prospective future lender, they
are aware of their fiduciary obligations to their members and the
fact that they have already stretched the club's financial
abilities to the limit and cannot afford to pay lease -option rates
in excess of the market value for the right to enter into a longer
term lease in the future.
As I am sure you know, there is currently an almost unprecedented
softness in the market for boat slips, and for the first time in
recent memory, there are vacancies rather than waiting lists for
slips in the local marinas, including that of BCYC. In addition,
there is unprecedented softness in the price per foot quoted in
local marine newspapers for slips in other nearby marinas and even
in Newport Harbor. The annual permit fee. currently charged by the
City of Newport Beach is based upon George Hamilton Jone's written
appraisal of the fair market value of the rental value of the
tidelands, and the proposed lease price is approximately two times
that fair market value. The BCYC officers believe that, given some
Mr. Tony Melum
February 2, 1995
Page 2.
time to absorb the shock of the additional lease cost, it may still
be workable, but at the same time they are facing several hundred
thousand dollars of prospective expense necessary for the
rehabilitation of the seawalls and bulkheads.
The net effect of this is that the verbal agreement in principle
reached in our face-to-face negotiations represents a big stretch
for the club, and the officers simply cannot con -nit the club to the
more onerous three conditions added by the finance committee. We
understand that the city's finances are tight also, but we believe
in the long run the agreement we negotiated will serve as a
precedent for the city to put it in a position to increase its
return from all of the marinas it controls in which event BCYC will
not be priced out of the market.
We also recognize that the entire Finance Committee has not had the
benefit of having been involved in the negotiation process and
therefore may not be fully aware of the concerns and constraints
suffered by BCYC. We would be happy to meet with the Finance
Committee in an attempt to further the mutual understanding of
these issues. We will be happy to meet with you at your
convenience.
Very.truly yours,,
Thoma
TOK: rmt
cc: Mr. Richard Holmgren
Mr. Doug White
il.
CITY OF NEWPORT BEACH
Permittee: Bahia Corinthian Yacht Club
C/o Doug White
1601 Bayaide Drive
Corona del Mar, CA 92625
Event Number: 95-080
Description of Event: Berthing of race participants for Ensenada event
Location: Bahia Corinthian Yacht Club; 1601 Bayside Drive
Date(s): Saturday through Friday; April 22 - 28, 1995
Times: Variable; mostly daylight hours
The above referenced Special Event Permit is authorized at the location(s), date(s) and
times indicated ONLY. Approval is contingent on compliance with the following conditions:
1.
All vehicles shall be lawfully parked.
2.
No more than three (3) boats side -tied to each other on the main
channel and not to
extend out into the channel more than forty-five (45) feet. Outside boats should
have lights on them during hours of darkness.
3.
Vessels shall be rafted in such a way that they do not present a
hazard to
navigation within the channel.
4.
No posting of signs permitted on any portion of public property,
including trees,
utility poles, street signs, etc.
5.
Do not block entrances or exits from any building. Do not block
Fire Department
access to any fire suppression equipment, buildings or slips.
6.
A pre -event fire inspection is required prior to start of event.
Contact Fire
Inspector Russell Cheek at (714) 644-3107 to make arrangements, and submit drawing
showing the fire lanes.
7.
Obey all City, County and State regulations.
8.
Comply with the lawful orders of Police, Fire, marine and Harbor
Departments.
9.
Do not exceed occupancy load of any building, room or dock.
10.
No alcoholic beverages permitted on public property.
11.
Obtain Health Department permit for food sales from any facility
not licensed by the
Orange County Department of Health.
12.
No amplified sound permitted outdoors.
13.
Follow attached marinas special events guidelines as provided by
the Fire
Inspection Bureau.
This permit shall be present at the event and made available at the request of Police
Department representatives. Failure to comply with the requirements of this permit, or
violations of law, will result in the cancellation of this permit, and/or denial of future
permits. Issuance of this permit does not authorize any activity in violation of any law,
nor does it represent an endorsement of the activity or persons responsible for the event.
Y
App�ro t ed b 0 —Nancy L. Beard
CC: Police Dept., Fire Dept., Harbor Dept., Marine Dept
P.O. Box 1768, 3300 Newport Boulevard a Newport Beach, CA 92659-1.768 a (714)64'�-31_51 Fax (714)644-3155
KARINAS SPECIAL EVENTS
Yacht Clubs and other or anizations which wish to raft
vessels within their marynas for special events shall
appl for a special events permit at least 30 days prior
to tL event. The Permit application must address the
following:
A. Clear and unobstructed shore access to all fire
department connections and all dock access points,
B. Presentation of a hold harmless agreement for the
duration of the Permit which names the City of
Newport Beach and the County of orange and/or
provide a certificate of insurance co-insuring
the City of Newport Beach.
C. The dock fire Protection system shall Comply With
current standards or pass a fire department
functional test.
Current standards are:
1) The most distant hose cabinet shall be able
to flow 100 gallons per minute with a residual
pressure of 65 p.s.i.
2) Fire hose nozzle must be able to reach all
parts of boats and docks.
3) A 2A 20 -BC fire extinguisher shall be located
at each fire hose cabinet.
D. If rafting is permitted within a marina complex the
vessels must be secured in a manner that provides a
Minimum 25;,fairway for fire boat access to each
block of s Ps. 25 feet is minimum and must be
adjusted upward where vessels over 351 are berthed.
The required fire boat access must extend from the
channel to the innermost slip.
E. if, after review, vessels are allowed to raft on dock
ends, as well as within a marina, the rafting of boats
should take place outward from the ends of the slip
fingers before rafting which obstructs free passage of
boats in the interior of the marina.
I
F. Each fire hose cabinet shali have a minimum of one (1)
2A -20 -BC fire extinguisher.
G. Each fire h ase cabinet shall be provided with a
Maximum Of 100' of 1 1/211 or 1 3/4" fire hose with
spray nozzle.
H. A 24 hour fire watch shall be provided by the
applicant holdin the event beginning with the rafting
Of boats in the Ynterior of the marina, The fire
watch shall be responsible to enforce the Prohibition
of open flame devices used for cooking, repairs or
other purposes in the marina area, Uncooperative
parties are to be reported to the fire department and
harbor department for their responses to enforce the
fire code provisions being violated.
E. Any other condition deemed necessary by the Fire chief
to provide safety.
M
M
CITY OF NEWPORT BEACH
MARINE DEPARTMENT
TO: City of Newport Beach
License Division
FROM: Marine Department
DATE: April 5, 1995
SUBJECT: Special Events Permit #95-080
In the past, the Marine Department in conjunction with the Orange
County Sheriff Harbor Patrol have made the following
recommendations as condition to approval of the Special Events
permits for rafting and vessels at the Bahia Corinthian Yacht Club.
1. That the applicant meet all the conditions specified by
the City of Newport Beach Fire Marshal, specifically as
relates to fire lanes within the slips and the fire hoses
being able to reach all vessels berthed at the marina
including those that are rafted into the channel.
2. The proper lighting be displayed on the bayward most
vessel rafted.
3. That they are rafted in such a way that they do not
present a hazard to navigation in the channel. This
condition can be satisfied by contacting the Orange
County Sheriff Patrol once the vessels are rafted in
their location.
Tony Melum, Acting marine Director
spevent.bcy
jb
R.K.s. & A.
1 ) 114 - 6 3 6 - 19 �,`i 6 OCT 26.'-9 3 15:00 No.002 P.02
RICHARD K. SHOGREN ZY ASSOCIATES
Consult�ncl Chlil I:nelneers
1714) 635-kS:!,:1
26 October 1993 File No: L102693Y.845
Board of Directors
BAHIA CORIXTHIkN-YACHT CLUB
C/o Mr. Thomas O'Keefe
GOOD, WILDMAN, HEGNEgS WA1,3�,:ry
5000 Campus Drive
Newport Beach, CA 92660
PIMLIMINARY CON 1TBL=.LL(L1I,. -
J� )r " �jj'
.R�J!QM _E
SCYC Bulkhead napa.l.r
Dear Board:
Attached is Our PrSlirniriary Construction coot estimate for repairing and
upgrading your bulkhead to an gkoveptable level of seismic nerfDrmance.
Plaase be aware that this �,Onlltr'OctlOn c03t estimate is based upon an
engineering approach discussei:j in our earlier reports. At this point, it
dean not necessarily rojprerient the beat ci-,,d final solution to the problem.
It La entirely possible thaLt destgn refinmments could result in a lower
construction costa, However, fO1,' PU1:POSE:9 of discussion at this point, we
Suggest that you use these fl.gur,H�s ft�i; s base.
We call your attention to the faxt that, to properly repair and upgrade the
bulkhead will require remo-y-&j. and reLnvt3.1lation of the docks, Thisr of
course, is necessary to provide ftccevs ft-� the barge and related equipment
that work from the waterside. This J.s a fairly significant cost, and we
have specifically itemized it in. our cost estimate (See Item Nos. 2 and 3).
In similar situations, we havo been SuccaLsful in negotiating between the
property owners and the contr�;,vtor tO mi:nimize the disruption to the
boating activities whLch usua:1.1y are a Significant source of revenue to the
parties involved.
Engineering fee for preparing the ner7sssaxy design calculations,
.--,engineer Ing plans and specifications is ia;�pectad to be approximately
�$2
5,000-00, excluding.incidental expensea which normally consist of plan
check fees, reprographics, veLicle e.xpanw.is, etc. Such expenses are billed
at our coat.
Permitting activities, WhiCh uOuld il�,clQdll? submittals to the California
Coastal Commission, Army Corpe oj� EngInam.-s, City of Newport Beach (Marine
Dept. and B . uilding & Saf Sty Df,:pt,, Regional Water Quality Control Board,
12755 BROOKHURST ST, 1, sui rE 201 - GARDEN GROVE. CA 92640
R.K.S. & A. OCT 26�93 15:01 No.002 P,03
File Not L102693Y.845 Page 2
as well as any other cognizant regulatory agencies, can only be
accommodated on a tLing-and-expeni" basis. ordinarily, these expenses run
approxImately $5,000.00� DifTerenottv of :perspective among two or more
regulatory agencies can cause pe:imltl;;ing axpense to escalate rapidly, and
therefore we no longer (jucts. these m:�tivities on anything other than time -
and -expense.
construction support can be provi.ded by tAia off Ice, also on a time -and -
expense basis, and Includes the Fallowin,; taskai
Preparation of bbl packkjas.
2. Solicitation of bi6s eropi qualified contractors.
.3. Review of bids with oontractf- rs.
4. Preparation Of Q0i'LWtZU0tJ.on ,,�ntract for signature
(subject to BC11C dittorney revLaw)
S. Periodic inspection of that w.%rk to assure conformance
to approved plains: &nd spacif I -at ions.
6. Review and negotiation oil' chs.-i)9a orders an necessary
to complete the wark.
7. Final Inspection and sign -off as Engineer of Record.
Our experience shown that oup:[x,rt for ccri)tructlon activities by this
office should run appeo:amat-ely $101000 ii..� $12,000. However, Lhis number
can be refinad'�aa the design becames finalized.
Again I wish to add a note of' calAtion that the figures provided herein are
only a preliminary estimatta. As we uval-uate various design options and the
cost of samef these numberu, m4ay undargo a significant change.
Please call me if you have an:;,, questions additional instructionia.
Yours very truly,
RICHARD X. SHOGREN Q As
5'7
Richard K. Shogren, P.E.
Principal
RKS:my
Contultim# Civil Emql"eers
R.K.S. & R. 4 — 636 - 19 �; 6
M2 NO: L102693Y.845
enc
001 R. Holmgren
T. Bakele
BCYC Commodore 070py atnolonjicl hereLr):�
S. KnIas
OCT 26'07 15:02 No.002 P.04
7
Page 3
COnsulliNg Civil Engineers
4
R.K.S. & P. OCT 26 '-�3
C0NSV"RV41Tj0j�j: CORT ESTIMATE
?031:
BUIZUBUI REPAIR
AT
BAIU& CO]UN71anx , rAcHT CLUB
10 / 2 6 /93
ITEM
OVJMXTY
DES.CRX ::.P_N
I
Mobilization
2.
ROMOV63 & X'SIMS-ZA11 doe�k
@ Yacht Club
3.
Remove & reinot.all cjci�ck,
@ Private reaLdence
4.
15 each
HP -12 pild.
5.
120 ft.
24'1x3D,, rainfoxced crnic:reta
I
Pile Cap
6.
25 each
"Chanve" ar,�:!hoxs
7.
Romova axist.ing.
Excavation
262 ft,
Remove GXiv1:i:nt;r coping
10.
262 ft.
Now coping
11.
1
Backfill
12.
1,572 SF
Now Videwdill.
Im=21U0
Lump Sum
Lump Sum
Lump Sum
$2,200
$542
$2,125
Lump Sum
Lump Sum
$90/LF
$ISO/LF
Lump Sum
$4.75/SF
Contingency @ 15%
TOTAL
15:02 N0.062 P.05
=M—ELLU
12,SDD
2,920
4,720
33,000
65,040
53,125
81200
28,800
23,680
39,300
25,000
—ILM7
$293,652
—44,048
$337,700
C"5911019 Civil Enoincers
�, V
CITY OF NEWPORT BEACH
MARINE DEPARTMENT
TO: Ken Delino, Assistant City Manager
FROM: Marine Department
DATE: April 10, 1995
SUBJECT: Bahia Corinthian Yacht Club Lease
My notes of our meeting with Tom O'Keefe, yourself, and Dick Hohngren indicated that we had
come to an understanding at that meeting regarding the following:
1 . That the option fee would be $�5,000.00.
2. That the rate would be adjuste&every two (2) years.
3. That the lease minimum would never be below the current permit fee, paid by
other commercial permittees.
The memo that you sent to me on February 28th indicated that the Finance Committee had
wanted to retain the one (1) year adjustment; that the rent would never be less than the first
year's rent; and that they still weren't sure about the amount of the option and wanted to see
some financial information before agreeing on that.
I have Kathy's minutes from the Finance Committee meeting and they are a little bit ambiguous.
They seem to state that the option fee was still up for negotiation, that the rent period and the
rent adjustment could not be negotiated and that the committee said that a rent adjustment should
be made every year and that it can never go below the previous year. There seem to be some
inconsistencies here. Could you help me resolve this and then I'll communicate it to the attorney
and the yacht club.
Thank you for your help.
Tony Melum, Actin.7�Aarine Director
jb\Tony\Lease.BCY
i
v 41V
19
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19
m 0
A
ii,7 Y)
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4;. 44
0
0
8
RA�JIA CQR-MI-HLALY-AQ-Lr CLUB
CTEoRGE HAmILTON JONE13, INC.
APPRAISAL CONSULTANTS
GEORGE HAMILTON JONES, MAI 717 LIDO PARK DRIVE, SUTE D
STuART a DuVALL NEWPORT BEACH, CALIFORNIA 92663
KENT HARVEY
December 13, 1994
Mr. Tony Melum, Director
Marine Department
City of Newport Beach
P. 0. Box 1768
Newport Beach, CA 92658-8915
Dear Mr. Melum:
TELEPHONE (714) 673-6733
Re: Appraisal of Fair Rental Value
for Tidelands at BYC Marina
FAX (714) 673-6924
Per your request, we have prepared an estimate for an appraisal of the fair
rental value of the tidelands leased by the Balboa Yacht Club (BYC) from the City.
In accordance with our common understanding, we will use the previously
submitted appraisal for the. tidelands at the Bahia Corinthian Yacht Club (BCYC) as
a basis to assist in development of a fair rental value estimate for the BYC tidelands.
The BCYC report was completed approximately 18 months ago in June, 1993. In
the BCYC report we established a fair rental value for tidelands within a marina
project applicable to any similar tidelands marina project in the same general
location, such as the BYC marina. Due to the nature of the BCYC report and its
close proximity to BYC, it is our understanding that you consider it appropriate
that we utilize that report as a foundation for the BYC marina appraisal. For a
current date of value, we will review and update the empirical data collected for the
BCYC report, in addition to reviewing the current operating expenses of BYC, the
upland -to -water ratio, and any other factors of significant difference with BCYC.
The report will be in the fonn of a limited appraisal report, incorporating by
reference the BCYC report, with additional data retained in our files. This type of
report, although different than that required by specific appraisal guidelines, is
permitted by the departure provision of the Standards of Professional Practice and
Code of Professional Ethics of the Appraisal Institute and Uniform Standards of
Professional Appraisal Practice (USPAP). If authorized to proceed immediately,
we anticipate completion of the assignment by January 31, 1995. At that time, three
copies of the report would be delivered to you.
Mr. Tony Melum
December 13,1994
Page 2
It is our opinion that the scope of the work required to complete the
assignment would indicate a fee in the range of $4,000 to $6,000 with billing
computed at our established rates as follows:
George Hamilton Jones, MAI $175/hour
Stuart DuVall $105/hour
Researcher $65/hour
We would expect payment of the fee within 30 days of assignment
completion. Please send us written authorization so that we may commence with
the work.
Thank you for considering our firm for this appraisal assignment.
Sincerely,
jeokgLhDMflt'drr4&R@,s, MAI
Cqhified General Real Estate
Appraiser No. AGO05632
P0
CITY OF NEWPORT BEACH
U -Z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
November 9, 1994
Thomas J. O'Keefe
c/o Law Offices of Good,
Wildman, Hegness & Walley
5000 Campus Drive
Newport Beach, CA 92660
Re: Lease of the Tidelands at the Bahia Corinthian Yacht Club
Dear Mr. O'Keefe:
As I mentioned to you in our phone conversation, we are working on
a draft lease for the tidelands bayward of the Bahia Corinthian
Yacht Club.
Anticipating that a lease of the State Tidelands may require
approval of the State Land's Commission, I have requested copies of
leases from their legal department in Sacramento. I had
anticipated that they would be here by now, and I could forward a
copy to you for your review, however, I still have not received the
copies. I have been in contact with them by telephone as of this
date, and they have indicated that the leases will be forthcoming.
As soon as I receive those draft copies, I will forward one to you
for your review and input.
If you have any questions in the interim, please give me a call at
(714) 644-3044.
Sincerely,
Tony Melum
Acting Marine Director
3300 Newport Boulevard, Newport Beach
RICHARD K. SHOGREN & ASSOCIATES
Consulting Civil Engineers
(7 14) 636-1620
21 October 1993
BAHIA CORINTHIAN YACHT CLUB
1601 Bayside Drive
Newport Beach, Ca 92625
File No: L102193W.845
Re: SUPPLEMENTAL REPORT OF FIELD INVESTIGATION OF
BULKHEAD BOTTOM AT "YACHTSMENS COVE"
Gentlemen:
This report presents our findings and evaluations of the condition of the
lower end of the bulkhead on the basin or Yachtsmen'B Cove side of the
property, and is intended to serve as a supplement to our report of 25 June
1993, in which we discussed the condition and structural capability of the
bulkhead as it currently exists (Ref. 1).
Since that report raised several questions regarding the condition(s) of
the lower end of the more recently constructed bulkhead on the "Yachtsmens
Covell (basin) side of the property, we were directed by your
representatives to further investigate and report.
The investigation was conducted on Friday, 24 September 1993, starting
approximately 8:30 A.M. Pacific Daylight Time. The contractor engaged for
this work was Shellmaker, Inc., of Newport Beach. Hydrojet and suction
devices were employed to displace fill materials on the water side of the
bulkhead at locations selected by our Senior Engineer, Sam Kniss, P.E.
BACKGROUND
Plans for the bulkhead were prepared in 1969 by Koebig & Koebig, Inc.,
Engineers, for the Yachtsmen's Cove Area, with the work being completed in
1970. Because of the presence of shale slightly below the mudline, the
engineer called for the lower ends of the bulkhead panels to be embedded in
a trench approximately 7 feet deep: Dimensions shown on the plans
(Attachment 1) for the finished construction indicate a top of bulkhead at
+9.5'; bedrock contact at -3.0'; bottom of sheet pile at -10.0'; and
bottom of trench at -10.5'. No width of the trench was specified. The top
of the bulkhead was anchored to deadmen placed 30 feet shoreward from the
bulkhead. Tie rod spacing is approximately 14 feet on -center, with the
first tie rod being placed at approximately 24 feet from the intersection
with the channel side bulkhead. Upper support for the bulkhead in this
section is provided by diagonal rods placed across the corner at
approximately 450. This feature and tie rod spacing is shown in plan
furnished with the recent report by Cash & Associates (Ref. 2).
12755 BROOKHURST ST. - SUITE 203 - GARDEN GROVE, CA 92640
File No: L102193W.845 Page 2
FINDINGS (See Attachment 2 - Calculations)
LOCATION NO. 1; Approximately 10 feet from the main channel corner.
Top of wall: +9.5 ft.
Sand line: -2.5 ft.
Bottom of pile; -5.5 ft.
Bedrock contact; Undetermined
Backfill on the basin side appeared to be river rock cobbles,
2-1/2" to 5" in diameter, running from the corner to about 30 feet
shoreward along the bulkhead. No evidence of trenching was found although
this could have been obscured by cobbles. There was an open joint between
the 3rd and 4th panels at the lower end, the gap being approximately 2" in
width.
LOCATION NO. 2: Approximately 54 feet shoreward from the main
channel corner.
Top of wall: +9.5 ft.
Sand line: -1.5 ft.
Bottom of pile: -7.5 ft.
Bedrock contact: -3 ft.
Backfill appeared to be silty sands and sandy silts, plus some
broken shale pieces. Shale contact was made and a trench is presumed.
However, the perimeter of the trench appears to be rounded and poorly
defined.
LOCATION NO. 3: Approximately 102 feet shoreward from main channel corner.
Top of wall: +9.5 ft.
Sand line: -1.5 ft.
Bottom of pile: -8 ft.
Bedrock contact: Undetermined
No trench nor any shale contact was found. Bottom soils were
silty -sands and sandy -silts. Exploration at this location had to be
terminated because of significant migration of backfill materials from
behind the wall, through open panel joints as well as beneath the bulkhead.
LOCATION NO. 4: Approximately 12 feet towards the main channel from
Location No. 3.
Top of wall: +9.5 ft.
Sand line: -1.5 ft.
Bottom of bulkhead: -8 ft. (est.) See note.
Bedrock contact; undetermined
Bottom soils were removed to elevation of approximately -6 ft. at
which there was substantial migration of backfill materials through open
bulkhead joints, and exploration was terminated to avoid damage.
RICHARD K. SHOGREN & ASSOCIATES Consititiny Civil Engineers
File No: L102193W.845
DISCUSSION
Page 3
Waterfront bulkheads of conventional design employ a support system of
anchored tie rods at the top of the bulkhead and sufficient embedment of
panels into the underlying soils to develop the necessary passive pressure
to offset the lateral pressures of the confined soils. Surchargeloads and
earthquake forces, (including hydrodynamic forces if a high water table is
present), are currently considered by informed engineers; however, prior to
the Sylmar earthquake of 1972, earthquake considerations were generally not
incorporated into waterfront bulkheads in southern California. And even
today, there is a reluctance an the part of many otherwise responsible
professionals to tackle the requirements demanded by seismic
considerations.
The designer of the "Yachtsmens Cove" bulkhead, which extends along your
southeasterly property line, was aware that the existing shale formation
would severely hamper installation of the sheet pile by conventional
methods, and, as a consequence, called for excavating a trench in the shale
to El. -10.51. Section B, Sheet 5, of the Koebig & Koebig plans provides
an illustration of the intent of the designer. However, the width of the
trench was not specified (Attachment 1).
STATIC ANALYSIS
If a tied -back bulkhead were installed in the sands and silts normally
found in Newport Beach waterfront communities to the elevations shown, the
bulkhead would compute as being statically inadequate. A rough rule of
thumb for penetration into Newport Bay soils is half the length of the
panel. Therefore, if the distance from the sand line to the top of the
bulkhead is 12 feet, 12 feet of penetration into the underlying soils (to
El. -15') would generally provide adequate resistance to static and minor
dynamic forces. A penetration of only 7 feet, as called for on the
original design, would then require much higher passive values for the
underlying strata than would normally be found in sands and gravels.
The geotechnical report prepared by E. Douglas Schwantes, Jr., Consulting
Geotechnical Engineer, and included as part of our original report, assigns
mechanical properties to the backfill and shale materials, which values
have been employed in our review analysis. A static soil pressure diagram
prepared using these soil and shale properties is provided in Attachment 3.
This analysis shows that the bulkhead is laterally and rotationally stable
for static conditions to a maximum BOP El. -8 and below, but fails the
stability test for lesser penetrations. Since we have assumed a 4 -foot
differential hydraulic head in this analysis, we expect that the actual
differential is something less, given the open joints noted in the panels
and the resultant migration of backfill soils. This then, is at least a
partial explanation of why the bulkhead has not failed heretofore.
RICHARD K. SHOGREN & ASSOCIATES Co�isulting Civil Engitieers
File No: L102193W.845
SEISMIC ANALYSIS
Page 4
To date, the bulkhead has not been subjected to significant seismic
conditions, but a thoughtful appraisal of significant lateral motion --
such as that postulated by the Gectechnical Engineer at 0.5g -- would
result in a substantial increase in horizontal forces acting upon the
bulkhead. These forces are the result of acceleration of the soil mass
confined by the bulkhead and hydrodynamic forces of the water table. Seed
and Whitman (Ref. 4) postulated a dynamic increase in soil pressure which
has been incorporated into many leading soil and foundation engineering
handbooks (Ref. 5). The active soil pressure coefficients and resultant
pressure Increases may be computed using this approach and show that above
El. 0.0 (mean lower -low-water) soil pressures may be expected to increase
by a factor of approximately 2. Soil pressures from 0 to El. -4, may be
expected to increase by a factor of approximately 2.7.
The hydrodynamic forces computed using Westergaard's equation shows an
increase of approximately 5400 lbs force per linear ft. of bulkhead an
increase of 71% over hydrostatic pressure. (A discussion of hydrodynamic
forces, using Westergaard's approach, may be found in Ref. 5).
The use of river rock cobbles as external backfill, judged to have been an
attempt to provide a measure of lateral stability to the bulkhead from the
corner shoreward 30 feet. Because the cobbles do not lend themselves well
for displacement by the means employed in this study, the configuration of
the river rock fill is undetermined, and no analysis is presently
meaningful. Suffice it to say, that there is some positive effect
generated by this rock placement, although we consider that the performance
in the event of an.earthquake is highly questionable because of the rounded
shapes and buoyancy of the rock.
SUMMARY
In summary, it is our opinion that the bulkhead is marginally acceptable
for static conditions but is not likely to perform in a safe fashion during
an earthquake. The geotechnical report (Ref. 3) also warns in Note 3 that:
Passive resistance on outboard toe of wall may
reduce to near zero in sands overlying bedrock in
severe earthquake..."
If we assume for the moment that a trench of varying depth and undetermined
width were cut into the shale bedrock, we should also expect (as we found
at Location 2) that the trench, being significantly wider than the
thickness Of the bulkhead panels, would fill with sand. If the passive
resistance of these sands is reduced approximately to zero during an
earthquake as suggested by the Geotechnical Engineer, the lower end of the
RICHARD K. SHOGREN & ASSOCIATES Coiisulting Civit Engii7eer5
File NO: L102193W.845
Page 5
bulkhead will experience significant movement allowing lateral movement of
confined soils, Possibly resulting in substantial damage to the Clubhouse.
Backfill is currently being lost through open jointB in the panels, as well
as underneath the panels and, if allowed to continue unabated will
ultimately result in a loss of lateral support to the Clubhouse
foundations.
Our assessment of the bottom conditions of the bulkhead leads us to
recommend that a support system for the lower edge of the bulkhead
attachment be provided, the configuration of which should be similar to
that design employed for the main channel bulkhead. This design, in
addition to adequately stabilizing the lower edge of the bulkhead for both
static and seismic events, will effectively eliminate the loss of backfill
materials through and beneath the bulkhead due to tidal pumping.
Depressions currently existing beneath the sidewalk, along the top of the
bulkhead can then be properly backfilled and compacted and may be expected
then to provide long and useful service life, as well as adequate lateral
support club house foundations.
That concludes our supplemental report. Please call us if you have any
questions.
Yours very truly,
RICHARD K. SHOGREN & ASSOCIATES
Richard K. Shogre
Principal
RKS: jw
Attachment 1: (1 Sheet) "Section at Bedrock"
Attachment 2: (Sheets 1-5) Calculations: "Basin Bulkhead"
RICHARD K. SHOGREN & ASSOCIATES Co�isultlng Civil Etigineers
File No: L102193W.845
REFERENCES
1. Richard K. Shogren & Associates: "Report of Bulkhead
Investigation...", RKS&A File No. L062593Y.845;
25 June 1993
2. Cash & Associates: "Final Bulkhead Survey Report";
17 August 1993
3. E. Douglas Schwantes Jr: "Geotechnical Evaluation
Bahia Corinthian Yacht Club"; 22 June 1993
Page 6
4. Seed, H.S. & Whitman, R.V.: "Design of Earth Retaining
Structure for Dynamic Loads"; 1970 Specialty Conference
on Lateral Stresses in the Ground & Design of Earth
Retaining Structures; ASCE 1970
5. Winterkorn, H.F. & Fang, Y.Y.: "Foundation Engineering
Handbook"; Van Nostrand Reinhold, 1975
RICHARD K. SHOGREN & ASSOCIATES Consiilting Civil Etigineers
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July 28, 1996
Bahia Corinthian Yacht Club
1601 Bayside Dr.
Newport Beach, CA 92660
Dear Sirs:
The City of Newport Beach has received a complaint regarding operations by
your club or sailing association in violation of Section 17.18.020 of the Newport
Beach Municipal Code which states, "No person shall climb into or upon any
vessel moored, docked or anchored iri Newport Harbor, without the consent of
the owner or other person having charge thereof."
The complaining party indicated that he or other individuals that he knew had
observed representatives from the Bahia Corinthian Yacht Club, the Newport
HarborYacht Club and/or California International Sailing Association using his
catamaran, moored on mooring B-123, as a place to tie up their support vessel
platform for individuals to stand on and as a temporary berthing location for
participants in sailboat training or races.
To preclude further action by the Marine Division it will be necessary, for you to
instruct your employees and participants to refrain from conduct that would
bring them in violation of the above quoted section of the Newport Beach
Municipal Code.
If you would like additional information or if I can be of any assistance, please
contact me at 644-3044.
Sincerely,
Tony Melum
Deputy Chief Maxine Environmental Division
CITY OF NEWPORT BEACH
Fire and Marine Department
February 12,1996
To: Mayor and City Council
From: Tim Riley, Fire and Marine Chief
Subject: HARBOR PERMIT 104-1801 BY THE BAHIA CORINTHIAN
YACHT CLUB TO REPAIR THE BULKHEAD BAYWARD OF 1601
BAYSIDE DRIVE
Recommendation:
If desired, approve the application subject to the following conditions:
1. Approval of the City's Building Department.
2. Approval of the California Coastal Conu-nission.
3. Approval of the Army Corps of Engineers,
Discussion:
This application is before the City Council as required by Section 5-B of the
Harbor Permit Policies which states:
"53. Prior approval of the City Council will be required before the Fire
and Marine Department may issue any permit that does not conform to standard
drawings and the adopted Harbor Permit Policies."
The bulkhead which essentially is on two sides of the Bahia. Corinthian Yacht
Club is in need of repair. In one location, two studies indicated that the existing
concrete sheet piles were not installed to design depth, and for that reason, the
resistance to seismic loads is questionable and has led to the decision to provide
more positive resistance by the use of new toe piles and a new wale.
In another location, the top of the bulkhead is supported by steel tie rods which
extend under the existing clubhouse to concrete dead men. The steel rods are
badly corroded and cannot be replaced because they are under the existing
building. As a result, the applicant is proposing the installation of a new wale
supporting the top of the existing west bulkhead. Me new wale extends
seaward of the existing bulkhead.
Section 1.0 of the Harbor Permit Policies states:
"1.C. Only piers, floats, certain patio decks and their appurtenances shall
be permitted between the bulkhead and pierhead lines."
As a result of the existing location of the current bulkhead, the wale as
mentioned above would have to extend beyond the existing bulkhead. The
applicant is asking for permission to install the wale in this location and
requesting an exception to the Harbor Permit Policies as provided by Section 24,
which states:
"The City Council may approve exceptions to any of the requirements and
regulations set forth if there are special circumstances or conditions affecting the
harbor - installations that would impose undue hardship on the applicant or if it
would be detrimental to the best interest of the City."
The existing steel rods that support the bulkhead are badly corroded and cannot
be replaced because of the fact that they are under the existing building. The
applicant feels that they have special circumstances or conditions affecting the
harbor installation which would impose undue hardship on the applicant, and
they are asking for relief from the above quoted section of the Harbor Permit
Policies, 1.C. and that they be allowed to install the wale wall between the
bulkhead and the pierhead line. The proposed wale wall would encroach
beyond the bulkhead 12 inches,
jb
CITY OF NEWPORT BEACH
Marine Department
November 11, 1993
TO: DENNIS DANNER, FINANCE DIRECTOR
FROM: David Harshbarger, Marine Director
SUBJECT: BUDGET AMENDMENT/APPRAISAL BY GEORGE H. JONES, INC.
Please process a budget amendment in the amount of $11,000.00 for
Account 2800-8080 (Services -Professional and Technical).
The budget amendment is for an increase in budget appropriations
and a decrease in the budgetary fund balance to provide for
appraisal services from May 19, 1993, thru June 29, 1993. The
appraisal was necessary to determine fair rental value for that
portion of City Tidelands currently utilized by the Balboa Yacht
Club and the Bahia Corinthian Yacht Club. These entities have
expressed an interest in leasing the tidelands from the City if
they proceed with purchasing the uplands from the Irvine Company.
C�
David Harshbarger
Marine Director
DH: la
dhd.�..r.b=end
CITY OF NEWPORT BEACH
Marine Department
June 5, 1993
TO: DENNIS DANNER, FINANCE DEPARTMENT
FROM:
Marine
Director
SUBJECT:
BUDGET
AMENDMENT
Please find attached a proposal for an appraisal by George H.
Jones, Inc, regarding a determination of fair rental value for a
portion of City Tidelands currently used by the Balboa Yacht Club
and by Bahia Corinthian Yacht club, bayward of Bayside Drive in
Corona del Mar.
Currently the existing marina bayward of the two yacht clubs is
owned by the Irvine Company. The Irvine Company is working with
the clubs, which have indicated an interest in purchasing the
marinas directly bayward of their facilities. City Ordinance and
Policies require that marina facilities be permitted or leased to
the upland properties.
At the present time marinas bayward of commercial properties; ie.,
the subject yacht clubs, are paying the City an annual fee for the
square footage of water area that they occupy. This fee was
determined by appraisal in the latter part of 1989.
The proposal and necessity for an appraisal is that tideland
property adjacent to commercial facilities could be leased, rather
than rented on a permit basis. The lease, depending on the terms
and conditions, could Potentially double the amount of revenue
derived by a permit fee because a lease is for a defined longer
period of time. The advantage to the lessee is that the lessee can
use the lease to acquire long term financing.
The City Manager has reviewed the attached proposal from Jones and
has requested that the Marine Department proceed with the
appraisal. The Marine Director has met with representatives of the
BYC and BCYC and both entities have agreed to pick up 50% of the
cost of the appraisal, with the City paying 50% and each yacht club
paying 25%. It is currently understood that the Balboa Yacht Club
has broken off negotiations with the Irvine Company for the
purchase of the property; consequently they would not pick up their
25% unless negotiations resume and they purchase the marina
facilities.
I believe it is incumbent on the City to continue with the
appraisal because there are approximately 75 commercial marina
facilities in Newport Harbor and this appraisal will set the stage
for converting permits to leases and increasing revenue to the City
if this is determined to be desireable from a policy standpoint.
GEORGE EIAMILTON "TONE,,, INC.
APPRAISAL CONSULTANTS
CEORGE HAWITON JONES, MAI 717 LIDO PARK DRJVE, SUITE D
STUART D. DuVALL NEWPORT BEACH, CALIrORNIA 9266.1
KENT HARVEY
July 20, 1993
Mr. David Harshbarger, Director
Marine Department
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Dear Mr. Harshbarger:
Re: Tidelands for
BCYC Marina
TELEPHONE (714) 678-6733
FAX (714) 673-6924
The enclosed invoice is for appraisal services from May 19, 1993, through
June 29, 1993. Three copies of the appraisal report for BCYC were hand delivered
to your office on July 1, 1993.
Based on actual time spent on the assignment, our indicated billing would be
$13,260. 1 recognize that our estimate for this project was from $8,000 to $9,000.
However, the nature of the assignment made it difficult to accurately predict the
work required to complete. Also, as we got into the project it became apparent that
the methodology and empirical data could be a benchmark for other future lease
negotiations. As a result we went into somewhat greater depth in the analysis than
we otherwise would have done for a single marina.
C,
In view of these circumstances, I would like to suggest a compromise of the
billing at $11,000.
C
This office would like to thank you for the opportunity to be of service to you
in this matter.
Jones, MAI
File No. 593-5
GEORGE HAMILTON JONES, INC.
APPRAISAL., CONSULTANTS
717 LIDO PARK DRIVE, surrr, D
NIEWPORTBEACH, CALIFORNIA 92663
David I-TRI-Shbarger Date: July 19,19.93
Marine Department Job File. No.: 5 93-5
City of Newport.Beach project: ECYC
P.O. Box 1768
Newport Beach, CA 92658-8915 Billing Period: 5/19/93 to 6/29/93
I UL'11 rL�IftIJI)I-111�
George 11. Jones, MAT 18.00 $250 $4,500.00
KentHarvey 73.00 $120 $8,760.00
Reimbtirsables: $0.00
TOTAL AMOUNT
$13,260.00
As Per Attached Letter, Recommended Compromise: $11,000.00
Appraiser: I Rate:
George Ff. Jones, MAI T$250
Kent Harvey
Total
Hrs.:
18.00
Amount:
$4,500.0(
1 $1201 73,001 $8,760.00
Datc
5/19/93
5/25/93
5127/93
6/8/93
6/9/93
6/10/93
6/14/93
6/22/93
6/23/93
6/24/93
6/25/93
5/24/93
Hours
1.50
1.50
1.50
2.50
3.00
1.50
1.50
2.50
1.50
0.50
0.50
1 6.50 Assi -nment Anal ysis and
Z
Market Data Acq./Verification
Assignment Analysis and
Property Data Acquisition
Market Data Accl,/Verification
Interviews/Cont"; Data Analysis
Data Analysis; Report Writing
Market Data Acq./Verification
Data Analysis; Report WI-itiro
Report Writing
on:
Assignment Analysis
Property Data Acquisition
Methodology
hiterviews/Conferences
Report
Report Writing
Interviews/Conferences
Data Analysis
Report Writing
Report Writing
Report Writing
5/25/93
5.50
5/26/93
7.00
5/27/93
7.00
5/28/93
3.50
6/1/93 1 3.00
Continue Billing for: 5/19/93 to 6/29/93 Page -2-
Appraiser:
Rate:
Total
14I.S.:
Amount:
Daft:
I -lours:
Description:
Continued Kent Harvey
6/2/93
2.50
Data Analysis
6/7/93
4.50
D. A.[Report Wi i till g
6/8/93
6.50
M.D./ Property Data
6/9/93
7.00
b.AJ-Repoj-'tV tng.
6/10/93
7.00
Report Writing
6/24/93
6.50
D.A./Report Writing
6/25/93
3.50
Report Wiiting
6128/93
1.50
Report Writing
6/19/93
1.50
Report Preparation
GEORGE HAMILTON JONES, INC.
APPRAISAL CONSULTANTS
GLORCE HAMILTON JONES, MAI 717 LIDO PARK DRIVE, SVITE D
STUART D. DuVALL NEWPORT BEACH, CALIPORNIA 92663
KENT HARVEY
April 27, 1993
Mr. David Harshbarger
Marine Director
City of Newport.Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Dear Mr. Harshbarger:
TELEPHONE (714)673-6788
Re: Balboa Yacht Club
Tidelands Lease
FAX (714) 673-6924
In accordance with your request by letter of March 17,1993 and our
subsequent meeting on March 30,1993, we have reviewed the scope of work
required to form an opinion of the fair rental value of that portion of the City
Tidelands currently utilized by the Balboa Yacht Club for marina purposes and
operating under a commercial pier permit (#104-1801 - Cal. Rec.).
It is my understanding that approximately 40 slips and 25 lineal feet of
side tie lie within the city tidelands. The water area is 58,000 square feet.
While no specific lease conditions have been determined, the basic
elements of the proposed agreement are:
;15 --
Term: ?,5 years.
Rental:
Minimum Rent:
To be estimated initially and subsequently adjusted
to 75% of prior year total rental.
Percentage Rent:
Percentages of marina slip revenue equivalent to fair rental
value to be determined by this appraisal.
W David Harshbarger
Aplil 27, 1993
Page -2-
Slip Rental Revenue:
For purposes of determining future slip rental revenue, the
actual rental received shall be utilized or an equivalent revenue
which is based upon the average slip rental rate existent within
the city operated Balboa Yacht Basin, whichever is greater.
Revaluation:
Minimum Rent: 75% of prior years rent paid - every 5
years.
Percentage Rent: 10 th and 20th year,
In our appraisal, we will form an opinion of :
(a) Minimum Rental.
(b) Percentage of slip revenue which -represents
fair rental value for the Tidelands.
The report will be prepared in accordance within the Standard of Practice
of the Appraisal Institute of which Mr. Jones is a member.
Fees shall run between $7,500.00 and $9,000.00. A $9,000.0o "Not to
Exceed" figure would be acceptable.
Appraisal fees will be based upon our current hourly base of:
G.H. Jones, MAI
$250/hr.
Stuart DuVall
$105/hr.
Casey Jones
$60/hr.
You will note that Kent Harvey of my office will not be involved with this
appraisal. Although highly qualified, he has recently become a member of
Balboa Yacht Club. To avert any perception of conflict of interest, he will not
be utilized in any way on this assignment.
If you believe there still remains any possible perception of conflict of
interest, we would prefer to withdraw from this appraisement.
Mr. David Harshbarger
Aixil 27, 1993
Page -3-
If authorized to proceed by May 1, 1993, the report covered will be
completed on or before June 15, 1993.
Thank you for considering us on this assignment.
Sincerely,
ones, MAI
RONALD K. BROWN, JR.
G BRIAN CHRISTIE
G�RY ALDO DAPCLO-
JAMES R. EBERT
MELVIN S. FELDMAN
PAUL C. HEGNESS
LISA M. KITSUTA
HEIDI STILE LEWIS
JOHN ANDREW MILLER
AARON R MORRIS
THOMAS J. O'KEEFE
JOHN A. STILLMAN
KRISTINE A.THAGARD
OOUGI_AS M. VICKERY
THOMAS E. WALLEY
�A PROFESSIONAL CORPORATION
LAW OFFICES OF
GoOD, WILDmAN, HEoNEss & WALLEY
5000 CAMPUS DRIVE
NEWPORT 13E�CH, CA-LIFORNTA 92600
(714) 955 -1100
May 6, 1993
Mr. Dave Harshbarger
Director of Marine Department
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92659
Dear Mr. Harshbarger:
ROY M. GOOD
(RETIRED)
PAUL W. WILDMAN
(1924-1983)
OF COUNSEL
LOUIS A.CAPPAOONA
FAX (714) 833-0633
This office represents the Bahia Corinthian Yacht Club. In
connection therewith, we would like to express an interest in the
possibility of negotiating and pursuing a long-term lease for the
marina proposed to be acquired by the Bahia Corinthian Yacht Club
from the Irvine Company.
It is our understanding, at this time, that the Balboa Yacht Club
and the City are moving forward to obtain an appraisal which will
form the basis of negotiations between the City and the Balboa
Yacht Club for the leasehold interest. Bahia Corinthian would be
interested in participating in this process and would be willing to
share a portion of the appraisal cost, subject to final
confirmation of the actual cost.
We look forwarding to discussing the above matter with you. Please
do not hesitate to contact us if you have any questions regarding
the above.
Very truly yours,
GOOD, WILDMAN, HEGNESS & WALLEY
/x�
a C
Kristine A�- Tha ar,
KAT:mac
cc: Mr. Tony Mellum
CITY OF NEWPORT BEACH
March 17, 1993
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
George Hamilton Jones, Inc.
Appraisal Consultants
717 Lido Park Drive, Suite D
Newport Beach, CA 92663
Dear Mr. Jones:
The Balboa Yacht Club is in the process of acquiring the 72 slip
marina, bayward of their facilities, from the Irvine Company.
The Balboa Yacht Club 'has inquired about the possibility of the
City entering into a 25 year lease instead of the annual commercial
pier permit. The Yacht Club has suggested the lease could be for
25 years, but provide for interim cost of living adjustments and
re-evalued every five years.
I have discussed with the Balboa Yacht Club representative, Mr.
Stan Bunker, the possibility of spliting the cost of a study to
determine the fair rental value of these tidelands. As you
suggested, I would like to meet with you and the City Attorney to
determine both the characteristics of a proposed lease, as well as,
the scope of an appraisal report.
Please feel free to give me a call to discuss this in further
detail.. I can be reached at (714) 644-3044.
Sincerely,
David 11arshbarger
marine Director
DH. la
3300 Newport Boulevard, Newport Beach
Balboa Yacht Club
March 2, 1993
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92663-3884
Attn: Tony Melum, Marine Department, Deputy Director
Dear Tony:
Our recent requests for financing of our 72 slip marina we are
acquiring from the Irvine Company have -been shunned by lenders due
to the annual Commercial Pier Permit policies by the City.
I would like to inquire about the possibility of the city entering
into 25 year leases instead of annual permits. The leases could be
for 25 years but provide for interim cost of living adjustments -and
revalued every 5 years.
This would make institutional lending a possibility for owners and
reduce the annual costs of mailing, accounting, etc. for the City.
I welcome any questions and would like to discuss further this
possibility.
Sinc.erely,
Stanley 1(unker
Land Acquisition Committee Chairman
Balboa Yacht Club
c.c.: Mr. David Harshbarger, Marina Department Director
1901 BAYGIDe DRIVE I CORONA DEL MAR, CALIFORNIA 921325-1 S99
E7143673-3515 FAXC714)673�B937
6--W r-,� Af--14C�7
STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Go�rnor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA t.�
245 W. BROADWAY, STE. '380
P.O. BOX 1450
LONG BEACH, CA 908024416
(310) 590-5071
January 23, 1995
A. Ross Cash
.Chairman
Cash & Associates
P.O. Box 2715
Huntington Beach, CA 92647
)- -n1:- -ES
, IK,
Re: Bahia Corinthian Yacht Club Exemption Request (C&A Project No. 9401-00)
Dear Mr. Cash,
The above referenced project does not qualify for an exemption from coastal
development permit requirements for the reasons outlined below. Therefore,
enclosed please find the project plans which were submitted with the exemption
request and a coastal development permit application.
Section 33252 of the California Code of Regulations governs which repair and
maintenance activities are not exempt. Section 13252(a)(1)(A) precludes any
method of repair or maintenance of a seawall revetment, bluff retaining wall,
breakwater, groin, culvert, outfall, or similar shoreline work that involves
repair or maintenance involving substantial alteration of the foundation of
the protective work including pilings and other surface or subsurface
structures from being exempt. In addition, Section 13252(a)(3)(8) precludes
any repair or maintenance to facilities or structures within 20 feet of
coastal waters that includes the presence of mechanized equipment or
construction materials from being exempt.
The proposed project will involve foundation and subsurface work and will
require mechanized or construction material within 20 feet of coastal waters.
Consequently, the project is not exempt. Please do not hesitate to contact me
with any questions regarding this matter.
Sincerely,
Meg Vaughn
Staff Analyst
enc.
61 95F
M.,
APPRAISAL OF
F air Rental Value
Tidelands for BCYC MariDa
Date of Value:
Submitted To:
June 1, 1993
Nh-. David Harshbarger, Director
Marine Department
Date of, Report:
City of Newport Beach
P.O. Box 1768
June 29, 1993
Newport Beach, CA 92658-8915
Our File Number:
Submitted By:
593-4
George I-larnilton Jones, MAI
Kent Harvey
GEORGE HAMILTON JONES, INC.
APPRAISAL CONSULTANTS
GEORGE HAMILTON JONES, MAI 717 LIDO PARK DRIVE, SUITE D
STUART D. DuVALL NEWPORT BEACH, CALIFORNIA 92663
KENT HARVEY
June 29, 1993
Mr. David Harshbarger, Director
Marine Department
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Dear Mr. Harshbarger:
TELEPHONE (714) 673-6735
E#�X (714)673-6924
Re: Appraisal of Fair Rental Value
for Tidelands for BCYC Marina
In accordance with your request and authorization on May 20, 1993, we have
examined the Bahia Corinthian Yacht Club marina and considered a proposed long
term lease (30 - 35 years) of the City tidelands used by the marina, for the purpose of
formulating and expressing our opinion of fair rental value comprised of percentage
rental and minimum rental.
TI -le date of value for this appraisal is June 1, 1993.
After investigation of the tidelands parcel and matters pertinent to its valuation,
we have fon-ned the opinion that the fair rental value of the water area required for
the marina pursuant to a long term lease is 9.0% of gross receipts from slip rentals
0
within the tidelands. In those cases where there is private water area included in the
marina (such as BCYC) adjustment is required to ensure that the 9.0% percentage
rental is based on the gross receipts generated by the public tidelands area.
Minimum rent is concluded to be 75% of averacre annual rent paid in the
preceding three years. 0
Fair Rental Value Conclusion:
Water Area Percentage Rent: 9.0% of gross slip rents -Aithin tidelands
Minh -num Rent: 75 % of average annual rent paid for
preceding three year period
Mr. David Harshbarger
Page -2-
The purpose of this appraisal is not to judge what BCYC slip rental should be. It
is only to estimate the percentage rental applicable to the slip rents received and a
basis -for a minimum rent consistent with general practices within the marina
industry.
Your attention is invited to the following report wherein we have set out
premises and limiting conditions, descriptions, exhibits, factual data, computations,
and other information forming the basis of our fair rental value conclusion. The
valuation includes consideration of the unique characteristics of Newport Harbor,
wherein the publicly owned tideland area must be joined with privately owned
uplands to form an economically feasible commercial usage.
We would welcome the opportunity to orally expand upon or clarify our
analysis to you or other interested persons.
xkAton Jones, MAI
tied General Real Estate
No. AGO05632)
!t Harve�
7,ey
I
(State Certified General state
Appraiser No. AGO06753)
TABLE OF CONTENTS
Pa e
Z—
Introductory:
Letter of Transmittal
1
Table of Contents
3
Appraiser's Certification
5
Limiting Conditions
6
Introduction to the Appraisal Problem
Purpose of the Appraisal
8
Definition of Market Value
8
Function of the Appraisal
9
Scope of the Appraisal
9
Introduction to Valuation Methodology
10
Descriptions:
Location 12
Surrounding Influences 12
Marinas in Newport Harbor 14
Distribution of Adjacent Upland Uses 15
BCYC Marina 17
Highest and Best Use of Tidelands 19
Valtmtion:
Methodology
Introduction 21
Fair Market Rental for Land & Water in Joinder for Marina Use 23
Allocation of Rent Between Land & Water 24
Evidence of Tidelands Rents (Separate from Uplands) 25
Rent for Offshore Moorings in Newport Harbor 27
Fair Market Rental - Land & Water Combined
-vey
Market Sur 28
Percentage Rent 28
Minimum Rent 29
Residual Analysis - Test of Market Survey Rental Indication 30
Allocation Between Land and Water
Introduction
Land and Water Area Requirements
Upland Value
Effective Slip Rents
GEORGE HAMILTON JONES, INC.
36
37
38
39
R11
TABLE OF CONTENTS - continued
Addenda:
I
Eag-t
Rental Income Capitalization Rate
39
Influence of Upland Values
41
Valuation and Allocation Computations
46
Criteria and Computations for Marina Value
46
Value Allocation - Before Equalization for Joinder
47
Equalization of Economic Return for Joinder
49
Reconciliation
51
Fair Rental Value Conclusion - Long Term Lease of Water Area
53
Adjustment for Nvate Water Area
53
Minimum Rental Calculation
55
Appraiser's Qualifications
GEORGE HAMILTON JONES, INC,
EN
CERTIRCATTON
The undersigned hereby certify that:
1. We have inspected the subject property and surrounding area on various occasions,
For this report inspections were performed on June 10, 1993.
2. To the best of our knowledge and belief, the statements of fact contained in this
report, upon which the analyses, opinions, and conclusions expressed herein are
based, are true and correct.
3.
The reported analyses, opinions, and conclusions are limited only by the assumptions
and limiting conditions stated herein, and are the personal, unbiased professional
analyses, opinions, and conclusions of the undersigned. Those limiting conditions
(imposed by the terms of the assignment or by the undersigned) considered to affect
the analyses, opinions, and conclusions are contained in this report.
4.
We have no present or prospective interest in the property that is the subject of this
report. We have no personal interest or bias with respect to the subject matter of this
appraisal report or the parties involved.
5.
The compensation for this assignment is not contingent upon the reporting of a
predetermined value or direction in value that favors the cause of the client, the
amount of the value estimate, the attainment of a stipulated result, or the occurrence of
a subsequent event.
6.
This report is not conditioned upon a requested minimum valuation, a specific
valuation, or the approval of a loan.
7.
This report, and the analyses, opinions, and conclusions contained herein, has been
made in conformity with and is subject to the requirements of the Code of
Professional Ethics and Standards of Professional Practice of the Appraisal Institute,
and the Uniform Standards of Professional Appraisal Practice.
8,
No one other than the undersigned prepared the analyses, conclusions, and opinions
or provided other significant professional assistance concerning the real property
interests that are the subject of this report.
9.
The Appraisal Institute conducts a program of continuing eduqAon for its designated
members. As of the date of this report, Mr. George HamiltaffJones has completed
the requirements of the continuing education program -6�A
_9L _ppraisal Institute.
-5-
GEORGE HAMILTON JONES, INC.
LEVMING CONDMONS
The Code of Professional Ethics and the Standards of Professional Practice
of the Appraisal Institute require that all assumptions and limiting conditions
that affect the analysis to be clearly and accurately set forth. To assist the reader
in interpreting this report, the primary assumptions and limiting conditions
affecting the analysis of the subject property are set forth below. Other
assumptions and conditions may be cited in relevant sections of the following
report.
1. That the date of value to which the conclusions and opinions expressed in this
report apply is June 1, 1993. Further, that the dollar amount of any value
opinion herein rendered is based upon the purchasing power of the American
dollar existing on that date.
2. That the appraisers assume no responsibility for economic or physical factors
which may affect the opinion herein stated occurring at some date after the
date of value.
3. That the appraisers reserve the right to make such adjustments to the valuation
herein reported, as may be required by consideration of additional data or
more reliable data that may become available.
4. That no opinion as to title is rendered. Data related to ownership and legal
description was obtained from public records, and is considered reliable.
Title is assumed to be free and clear of all liens and encumbrances, easements
and restrictions, except those specifically discussed in the report. The
property is appraised assuming it to be under responsible ownership and
competent management, and available for its highest and best use.
Investigation of the property's history is confined to examination of recent
transactions or changes in title or vesting, if any, and does not include a "use
search" of historical property utilization.
5. Th at no engineering survey has been made by the appraisers. Except as
specifically stated, data relative to size and area was taken from sources
considered reliable and no encroachment of real property improvements is
considered to exist.
6. That maps, plats, and exhibits included herein are for illustration only as an
aid in visualizing matters discussed within the report. They should not be
considered as surveys or relied upon for any other purpose, nor should they
be removed from, reproduced, or used apart from this report.
7. Asa premise of this report it is assumed that there is full compliance with all
applicable federal, state, and local environmental regulations and laws unless
noncompliance is stated, defined, and considered in the following analysis.
ME
GEORGE HAMILTON JONES, INC.
LMTING CONDITIONS - continued
That no opinion is intended to be expressed for matters which require legal
expertise or specialized investigation or knowledge beyond that customarily
employed by real estate appraisers. It is assumed that there are no hidden or
unapparent conditions of the property that render it more or less valuable. No
responsibility is assumed for such conditions or for the arranging of studies that
may be required to discover them.
The function of this report is to provide an opinion of the rental value of the real
property as herein defined. Under no circumstances should this report be
considered as providing any service or recommendation commonly performed
by a building inspector, structural engineer, architect, pest control inspector,
etc.
That no soil reports or information relating to geologic conditions concerning
subject property were provided for our review. This valuation is based upon
the premise that soil and underlying geologic conditions are adequate to support
standard construction consistent with highest and best use of the land.
10. This report is based upon the premise that there exist no hazardous or toxic
wastes within the site. We have no knowledge of any circumstances, including
hazardous or toxic wastes or residues that may exist within or adjacent to the
subject property that would prevent or impair development to highest and best
us(, or otherwise affect this valuation.
However, the undersigned are not qualified by reason of training or experience
to identify the presence of toxic or hazardous wastes or materials. The
valuation premise that there are no toxics or hazardous materials or wastes
within or adjacent to the appraised property should in no circumstances be
interpreted as a judgement by the undersigned.
11. This report is subject to the requirements of the Appraisal Institute relating to
review by its duly authorized representatives.
12. Disclosure of the contents of this appraisal report is governed by the By -Laws
. and Regulations of the Appraisal Institute.
Neither all nor any part of the contents of this report (especially any conclusions
as to value, the identity of the appraisers or the firm with which they are
connected, or any reference to the Appraisal Institute (or to the MAI
designation) shall be disseminated to the public through advertising media,
public relations media, news media, sales media, or any other public means of
communication without the prior written consent and approval of the authors.
-7-
GEORGE HAMILTON JONES, INC.
INTRODUCTION TO THE APPRAISAL PROBLEM
Ptwpose of the Appraisal:
It is the purpose of this appraisal to render an opinion of fair market
rental value of certain public submerged tidelands in Newport Harbor,
considering the terms and conditions of a proposed long term (30-35 year)
lease of such submerged lands by the Bahia Corinthian Yacht Club for
marina purposes. Marina use will include rental of boat slips, dock lockers,
and related use. It does not include additional uses such as charter or tour
boats, commercial sport fishing, sale of petroleum products, ship. chandlery
and other uses. For this appraisal, fair rental value is considered to include
the combination of:
1. Minimum rental.
2. Percentage rental.
The lease will have a constant percentage rate over its term but will
provide for periodic adjustments in minimum rental. The purpose of this
appraisal includes rendering an opinion regarding the basis for such
periodic adjustment in minimum rent.
Definition
Fair Market Rental Value:
Fair market rental value is the mostprobable rental amount that
the property should bring, as of the specified date (i.e., the date of
value), in. a competitive and open market reflecting all conditions and
restrictions of the specified lease agreement including term, rental
adjustment and revaluation, permitted use and expense obligations; the
lessee and lessor each acting prudently, knowledgeably, and assuming
the rent is not affected by undue stimulus.
Implicit in this definition is a specific lease agreement considered
as of the particular date under conditions whereby:
The lessee and lessor are typically motivated.
2. Both parties are well informed or well advised and each acting in what they
consider their own best interest,
3'� A reasonable time is allowed for exposure in the open market.
4. Rent payment is made in cash and is expressed as an amount per time period.
N
GEORGE HAMILTON JONES, INC.
INTRODUCTION - continued
5. The rental amount reflects the specific terms and condition of the lease
document, however, it's unaffected by other fees, costs or credits that may be
incurred in the transaction.
Tidelands:
For the purpose of this study, tidelands are considered to consist
of that water area extending from the established U.S. Bulkhead Line
to either the Pierhead Line or Project Line, depending on the location
of the existing pier and floats within said area.
Fair Market Value:
The most probable price, as of a specified date, in cash, or in
terms equivalent.to cash, for which the property should sell after
reasonable exposure in a competitive market under all conditions
requisite to a fair sale, with the buyer and seller each actin g prudently,
knowledgeably, and for self-interest, and assuming that neither is
under undue duress.
Function of the Appraisal:
In Newport Harbor operators of commercial marinas currently pay an
annual fee for a permit to use the city tidelands. The amount of the fee is
based upon fair rental value as estimated in 1989, and considers the short
term nature of the permit.
The City and Bahia Corinthian Yacht Club (BCYC) are considering a
long term lease of the tidelands for the BCYC marina. The function of this
appraisal is to provide an independent opinion of market rental value
considering the proposed terms and conditions of the lease, to assist the
parties in developing the rental provisions of the lease.
Scope of the Appraisal:
The scope of the work required to formulate a supportable opinion of
market rental value is extensive. Some of the more significant factors to be
investigated, verified, and/or quantified during the appraisal process
include:
Site Analysis: Documentation of the physical characteristics of the harbor
and its surroundings.
Regional & Local
Area Analysis: Patterns of use, trends in development, nature of existing
and future population, economic influences, etc.
me
GEORGE HAMILTON JONES, INC.
INTRODUCTION - continued
Market Data: Search for slip rents; vacancy and incentive data; land and
water lease data; commercial uplands sales data; minimum
rent and percentage rent data; rates for amortization of
improvements and overall capitalization. Verification of
data.
Valualion Analysis: Comparability analysis of empirical lease and rental data to
provide indications of minimum and percentage rent for land
and water combined for marina use. Residual analysis to
isolate income attributable to land and water as a check on
empirical percentage land rent indications. This requires
estimates of income, expenses, taxes, annual amount
necessary for return on and recapture of improvements, and
profit.
Allocate total land/water rent for marina purposes between
land and water to equalize the return to each, considering the
highest and best use of each.
Introduction to Valuation Methodology:
Our investigation indicates that there is insufficient data on the rental
of water area alone (without supporting uplands) for marina purposes to
provide reliable rental value indications. However, there is ample data on
the rental of water and land combined for marina use. Economic analysis
can be used for allocation of the rent between the land and water.
Therefore, our methodology considers:
1. Estimating fair rental for land and water in joinder for marina
use.
2. Allocating the rent between each component (land and water) based
on an equalized rate.of return to each, considering the highest and
best use of each.
The fair rental conclusion for the tidelands can be influenced by
marina configuration and value of adjoining commercial uplands required
for the marina (e.g. parking, restroom and storage requirements).
However, the amount of rental received by the City should not be governed
by special circumstances of the upland owner. Therefore, although the
function of this appraisal involves a specific marina, the analysis is based on
typical marina configuration with market slip rents and typical commercial
upland values.
-10-
GEORGE HAMILTON JONES, INC.
INTRODUCTION - continued
Rental of Land and Water Combined:
There are sufficient leases of land and water combined for marina
use to provide reliable indications of market percentage rent for land
and water in joinder and dedicated to marina use. Economic or
residual analysis is helpful to test the empirical indications by showing
whether, after paying the indicated land/water rent, there is sufficient
revenue available to cover operating expenses, return on and recapture
of improvements, profit, and property taxes.
Allocation of Rent Between Land and Water:
The technique we have utilized involves allocation of the income
stream generated from marina use considering the respective value
contribution of the tidelands area and the upland area in accordance
with their respective highest and best use. The ultimate goal of the
income allocation is to provide each owner (i.e., private and public)
with an equal rate of return on value contributed.
We have, therefore, first considered land and water with unity of
ownership as if dedicated to marina use. The marina value (land and
water) was apportioned to land area and water area based upon land
valu . e (independent of marina use) and water value (dependent upon
marina use). The resulting value of water area was derived from an
internal apportionment considering common land and water
ownership.
To reflect the requirement of joinder for the tideland area to
achieve its highest and best use (i.e., adjustment for non -unity of
ownership) an additional apportionment is required. This
apportionment has been accomplished by equalizing the rate of
economic return to the land and water components. The total income
to land and water (from marina use) is allocated based upon equal
income to value ratios.
GEORGE HAMILTON JONES, INC.
m
400
=j
I
DESCRIPTIONS
Location:
The Bahia Corinthian Yacht Club is located in Newport Harbor on the
bayward side of Bayside Drive at El Paseo Drive, northerly of Yachtman's
Cove, facing the east bayfront of Balboa Island.
Surrounding Muences:
Southern California Region:
The appeal of the Southern California region has historically been
linked to its mild climate, a casual life-style which affords many leisure
opportunities, and a business environment which is both dynamic and
varied.
Long, dry summers and rain from occasional winter storms
characterize the Southern California climate. Annual precipitation
averages 12 inches. Temperatures range from a July mean maximum
of 73' F to a January mean maximum of 56' F. There is a dramatic
distinction between the temperatures of the milder coastal areas, and
those of the interior.
The generally mild but diverse local weather conditions which the
region offers allow for wide-ranging leisure activities. The mountains,
sea, and desert are all within easy reach of each other and an extensive
freeway system has, in practical terms,. institutionalized the commute
as part: of the Southern California lifestyle.
However, the price for this affluence and mobility has been paid
for with one of the worst air quality conditions in the country.
Climatic conditions in which cool sea air is drawn in under hotter
inland air creates a temperature inversion which traps air pollutants
from industry and the large number of automobiles. Sea breezes tend
to minimize this effect. Therefore, the coast is a particularly popular
location for housing and leisure activities.
The diversity of the region, which is mirrored in its economic
profile as in other aspects, has historically buffered Southern
California from the severity of economic slowdowns experienced in
other parts of the country. However, this has not been the case with the
current recession. The severe cutbacks in the aerospace industry, a
-12-
GEORGE HAMILTON JONES, INC.
DESCRIPTIONS - continued
significantly depressed real estate market, as well as business and social
infrastructure problems have left Southern California economically
depressed. In fact, California lost more jobs in 1992 than any other
state. The future closure of military bases threatens the employment of
tens of thousands of more workers.
While the consequences of this have been felt throughout the
society, it is with the middle income earners and the amount of
discretionary income at their disposal that the effects have been most
pronounced. As a result, the restaurant and tourism industries, as well
as those associated with leisure activities, have been hard hit. Marinas
in the region report increased vacancy, particularly in the smaller slips
(less than 30 lineal feet). Many Southern California marinas have
reduced rates and some are currently offering incentives for one year
leases.
Newport Harbor:
Newport Harbor, located within the city of Newport Beach, is on
the south-central portion of the Southern California coastline. The city
of Newport Beach was incorporated in 1906 with a population of 445
people. It has evolved over the years from a small coastal resort town,
heavily dependent on tourism with a seasonally fluctuating population,
to a full service City with a population of 62,556 full time residents in
1980 (1980 census). By 1990 the population had grown to 66,643
(1990 census), reflecting a 6.53 % increase for the decade.
The City is known for its high level of affluence, its excellent
coastal climate, And its prestigious environment. Newport Harbor is
one of the largest pleasure boat harbors in the world, with more than
2,200 marina slips, 1,200 moorings, and 1,200 private residential
piers. Tourism remains an important segment of the economy with an
estimated range of daily visitors during the summer months of about
20,000 to 100,000.
Marinas in Newport Harbor have historically enjoyed low
vacancy rates and among the highest slip rentals in Southern
California. However, the current recession has had an impact on
marinas, particularly those with slips smaller than 30 feet. Reported
vacancy rates in Irvine Company marinas for the first quarter of 1993
in the harbor ranged from 5.6% of revenue (7.2% of lineal footage) at
B ayside Marina to 23.6% of revenue (24.1 % of lineal footage) at
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GEORGE HAMILTON JONES, INC.
Balboa Marina. Balboa Marina has a higher percentage of small slips,
which have been most vulnerable to vacancy and it is located farther
from the harbor entrance than subject.
Marinas In Newport Harbor:
In 1989 we surveyed all commercially employed tidelands in Newport
Harbor in connection with our study of Commercial Harbor Permit Fees.
A detailed inventory of the commercially employed tidelands parcels and
adjoining upland uses resulting from that survey is retained in our files.
There has been no major reconfiguration of marinas since that time. The
survey data is helpful in development of characteristics of the typical
marina to be used in the valuation analysis.
Summary of Inventory:
Pertinent characteristics of the tidelands parcel inventory may be
summarized as follows:
Number of parcels 71
Total water area 2,175,312 s.f.
Less Water area inland of bulkhead line. - 534,982 s.f.
Estimated gross tidelands area 1,640,330 s.f.
Less Exclusions
City leases 260,272 s.f.
County tidelands 158,720 s.f. 418,992 s.f.
Estimated net area subject to City permit fee
*(estimated area only - subject to change
upon detailed verification)
Range of areas of tidelands parcels
subject to City permit fee
Range of frontage @ Mean Rgh
Tide Line:
Range of Pierhead, Project Line
GEORGE HAMILTON JONES, INC.
1,221,338 s.f.
330 s.f. to 214,000 s.f.
30' to 3,350
11' to 126
SEE
DESCRIPMNS - con6nued
Marina del Rey County of Los Angeles
King Harbor City of Redondo Beach
Los Angeles Harbor Port of Los Angeles
I
Loncy Beach Marina City of Long Beach
zn 0
Sunset Aquatic Park -
Huntington harbors County of Orange
Dana Point Harbor County of Orange
Oceanside Harbor Oceanside Harbor
District
Mission Bay City of San Diego
Harbor Island Port of San Diego
Shelter Island Port of San Diego
Marriott Marina Port of San Diego
Chula Vista Marina Port of San Diego
In these governmentally developed projects, both upland and
adjacent water mass are under common ownership or trust, and are
either operated by the agency or leased out in joinder to a private
operator. In most cases, the uplands are dedicated to this use by a
project master plan or other means of control.
In lower Newport Harbor, however, a fundamentally different
condition exists. With few exceptions, such as the Harbor Club Marina
(formerly the Arches Marina), Balboa Bay Club, Balboa Yacht Basin,
and the American Legion Marina, the uplands within the subject
inventory are privately owned. These privately owned lands are not
dedicated to joint use, but actually could function independently of the
tidelands if the owners so desired. Conversely, there is no
economically significant altemative use available to the tideland area.
-16-
GEORGE HAMILTON JONES, INC.
DESCRIPTIONS - continued
City requirements for marina parking are 3/4 space per slip or
berthing space, therefore 60 spaces are required for the 79 berthing
space marina. Restrooms in the yacht club structure are available for
the marina.
Nghest and Best Use of Tidelands:
Fair rental value is based upon the highest and best use of the tidelands,
as if vacant.
Definition - Highest and Best Use:
Highest and best use may be defined as the reasonably probable
and legal use of vacant land or an improved property, which is
physically possible, appropriately supported, financially feasible, and
that results in the highest value. (The Appraisal af Real E5t=, The Appraisal
Institute, Tenth Edition, 1992, page� 275.)
The primary elements of highest and best use include the
following factors:
Legally Permitted:
Zoning must permit the use, or there must be a reasonable
probability of obtaining such zoning. There can be no deed restriction
or other encumbrance preventing the use.
Physically Possible:
The property must be physically adaptable to the proposed use.
The parcel must be of correct size and shape. Topography. and soil
characteristics must be compatible to permit development.
Financially Feasible:
A proposed use is considered financially feasible if it produces a
positive financial return.
Results in the Highest Value:
A use which is legally permitted, physically possible, and
financially feasible must also result in the highest value to the land, if
vacant, or to the property if improved.
RUM
DESCRIPTIONS - continued
Conclusion - Highest and Best Use:
In accordance with the above definition, it is our opinion that
the highest and best use of the subject tidelands is for development
of boat berthing spaces in joinder with adjacent uplands consistent
with applicable laws and regulations. Highest and best use of the
typical uplands parcel is for alternative (non -marina) use.
Without joinder to the adjacent uplands, the tidelands have
only nominal or speculative economic value. Use for offshore
moorings would produce substantially less value and may not be
possible due to area requirements, access, and possible
infringement of rights accruing to the adjacent upland owner.
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GEORGE HAMILTON JONES, INC.
VALUATION METHODOLOGY
Introduction:
Consistent with the purpose of this appraisal, our estimate of fair
rental value considers a long term lease and includes the combination of
minimum rental and percentage rental based on gross receipts from rental
of boat slips, dock lockers, and liveaboard charges, if any. The scope of
this appraisal does not extend to leases which would permit additional
revenue producing uses such as charter or tour boats, commercial sport
fishing, sale of petroleum products, ship chandlery, and other uses.
The lease will provide for periodic adjustments in minimum rental
during the 30 - 35 year lease term. This appraisal includes an opinion
regarding the basis for such periodic adjustment in minimum rent.
Although the function of this appraisal involves a specific marina, the
analysis is based on typical marina configuration and commercial upland
values with locational and slip rental characteristics generally similar to the
BCYC marina,
A survey of other harbors in Southern California was made. The
following significant differences in basic physical and economic conditions
between the survey data and lower Newport Harbor were noted:
1. Ownership of Uplands and Tidelands
Newport Harbor: Tidelands are held in public
ownership and the adjacent uplands are
privately owned.
Survey Area: With the exception of the Delta region,
both tidelands and uplands are held in
common public ownership.
2. Uplands Use Controls
Newport Harbor: Private owners of the uplands have a
significant number of alternative uses
available as evidenced by the existing
uses and the City Zoning Ordinance and
General Plan.
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GEORGE HAMILTON JONES, INC.
VALUATION NMTHOD - continued
Survey Area: The uplands and adjoining tidelands are
operated by the public agency or leased
to private operators who are restricted
by lease agreement or master plan to the
specific marina use.
3. Development and Operational Objectives
Newport Harbor: Development and operation are based
primarily on economic return and/or
specific needs of the developer.
Survey Area: The dedication of the property to
marina use was predicated primarily on
public need rather than to generate
maximum economic return.
4. Berthing Space Rental Rates
Newport Harbor: Berthing space rental rates are set by
supply and demand.
Survey Area: In many cases, berthing space rental rates
are controlled by the managing public
agency.
Recognition of Differences Between Newport Harbor and Survey Area:
Any approach to valuation must recognize and make appropriate
adjustments for the differences noted above between Newport Harbor
and the survey area. In the Valuation section of this report, we have
provided for these differences in accordance with the following:
1. Private uplands ownership and public tidelands ownership:
In our analysis, we have considered the theory of joinder, wherein two
or more adjacent propel -ties (in this case upland parcel and water area parcel)
are combined and dedicated to a single use.
2. Private development of Newport Harbor vs. public development within the
survey area:
From study of marina developments throughout Newport Harbor, we
have derived criteria for marina development. These include land area, water
area, slip area, slip size, and lineal footage for a theoretical marina which
conforms with code requirements and represents efficient use of the land and
water area.
3. Private development based upon economic return vs. public development in
response to public need.
Alternative land uses are available to the private upland owner as
reflected by land values within the Newport Harbor area. Upland values for
-22-
GEORGE HAMILTON JONES, INC.
VALUATION DETHOD - continued
the public marina can also be estimated by comparison with other income
generating uses, such as retail centers and restaurants, which are under lease,
within the public marinas,
The survey disclosed considerable data on percentage rental for land
and water combined for marina use. The data available on the rental of the
water area separate from the uplands was so limited and subject to special
circumstances it could not reliably support an opinion of rental value,
Therefore, our methodology considers:
Fair rental for land and water in joinder for marina use, and
2. allocation of the rent between each component (land and water)
based on an equalized rate of return to each, considering the
highest and best use of each.
Fair Market Rental for Land and Water In Joinder for Marina Use:
The estimate of fair market rental for land and water in joinder
involves a market survey for empirical evidence. Comparative analysis
considers the pertinent differences between the survey data and the
conditions prevailing in Newport Harbor. The percentage rental indication
for land and water combined, as indicated by the market survey, is tested by
residual analysis.
Market Survey:
A survey was made of rental rates within most of the marinas and
harbors from Santa Barbara to San Diego. In most cases the combined
upland and water area necessary for the marina use is leased together
without an allocation of rental for the water area. For this reason the
rental rates could not be used for direct comparison with the subject
water area. Limited exceptions where the water area is rented
separately from adjacent uplands are noted in a following subsection
entitled "Evidence of Tidelands Rents (separate from uplands)".
Test by Residual Analysis:
The test by.residual analysis is based on the premise that the
indicated percentage rent should return an amount to the land and
water which is essentially equivalent to the residual income to land and
water. That is, the indicated rental percentage should be essentially
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GEORGE HAMILTON JONES, INC.
VALUATION NMTHOD - continued
equivalent to the percentage which residual income bears to effective
gross income.
Residual income to the land and water is that portion of stabilized
gross income which remains after deducting all expenses and charges
required to generate the income, including return on and recapturce of
improvements and profit.
Allocation of Rent Between Land and Water:
Consistent with the highest and best use determination, we have
utilized the theory of joinder in considering the marina use which combines
privately owned uplands with publicly owned tidelands. The value in
joinder is then allocated between the two components, land and water, to
provide a value indication for the tidelands portion. The market derived
percentage rental is allocated in proportion to the value contribution of each
component.
In most instances the theory of joinder involves properties wherein the
value of the properties combined is at least as much as the summation of the
individual property values. In the subject instance, however, the value of
the privately held upland for marina use is less than its value for alternative
uses.
The technique we have utilized involves allocation of the income
stream generated from marina use considering the respective value
contribution of the tidelands area and the upland area in accordance with
their respective highest and best use. The ultimate goal of the income
allocation is to provide each owner (i.e., private and public) with an equal
rate of return on value contributed.
We have, therefore, first considered land and water with unity of
ownership as if dedicated to marina use. The marina value (land and water)
was apportioned to land area and water area based upon land value
(independent of marina use) and water value (dependent upon marina use).
The resulting value of water area was derived from an internal
apportionment considering common land and water ownership.
To reflect the requirement of joinder for the tideland area to achieve
its highest and best use (i.e., adjustment for non -unity of ownership) an
additional apportionment is required. This apportionment has been
accomplished by equalizing the economic return to the land and water
-24-
GEORGE HAMILTON JONES, INC.
VALUATION METHOD - continued
components. The total income to land and water (from marina use) is
allocated based upon equal income to value ratios.
The upland and tideland value components form the basis of this
second allocation. The upland value is based upon its highest and best use,
independent of marina use. The water value is based upon its highest and
best use, for marina use in joinder. This technique of "equalization" results
in an allocated income to water, that, when capitalized to value reflects the
actual ownership condition of the subject water (tideland) area.
Evidence of rfidelands Rents (separate from uplands):
Tlie valuation approach described above, which requires allocation of
value to the water area, was necessary since the empirical evidence of rent
or value for water area alone (separate from the adjoining uplands) is too
limited to provide reliable value indications.
The followinc, is a summary of the limited data found in our survey
n
where the water is used in joinder with the adjacent uplands, but the water
area is leased separately or an allocation to water is made.
Port of San Diego
The Port District makes a separate allocation of rental to water area
in the Shelter Island area for several parcels wherein rent is based on a
percentage of estimated fee value (rather than on a percentage of gross
income). The water is not leased separately from the upland, which the
District also owns, but an allocation is made. This limits the utility of
the data.
The rents were adjusted effective February 1, 1988, to
$0.22/s.f./year (9% of $2.49) for water area adjoining
11 quasi -industrial" (boat repair) uses, and $0.25/s.f./year (9% of $2.80)
for "commercial" (boat sales) uses. These rents are currently under
study for adjustment.
San Joaquin Delta Region
The State of California leases water area for marina use in the Delta
region. Rent is based on a percentage of the gross income from the
marina operation. The percentage charged for most of the marinas
ranges from 5% to 7% of the gross. This is not considered comparable
due to significant differences in location, slip rents and land values.
-25-
GEORGE HAMILTON JONES, INC.
VALUATION NIETHOD - continued
County of Orange - Newport Harbor
The County of Orange leases small segments of tidelands under its
jurisdiction to owners of adjoining commercial uplands in lower
Newport Harbor. The rental for these parcels is significantly
influenced by the special circumstances of the upland parcel and there is
little consistency in approach. Therefore, the data is of limited
assistance. Following is a summary of this data:
Channel Reef Condominiums:
Rental is $1,266/month for 0.639 acre of water area
(may include some area above mean high tide). Special
circumstances surrounded this negotiation.
Swales Marina:
Rental is 20% of gross receipts for 1.15 acres of water
area. This is a month-to-month tenancy pending further
studies. The percentage rental is not based on arms length
negotiations between the parties. The county recently
increased the rental after the operator had substantially
upgraded the improvements under a significantly different
tidelands fee basis. The operator had the choice of paying the
rent or abandoning the improvements.
Reuben E. Lee Restaurant:
Rental is $2,122/month for 0.20 acre of water. This is a
small segment of County tidelands adjacent to privately
owned submerged lands.
Bayshores Marina:
For 2.22 acres of water, the minimum rental is
$18,354/yr. with percentage rent based on the formula:
40% x [AGI - ($66,376.57 + 40% x AGI + T)], where
AGI = Annual Gross Income; T = Prior year RE taxes
The $66,376.57 is understood to have been the original
estimated fair return to the uplands based on 1974 land
values when the lease was written. Under current land values
-26-
GEORGE HAMILTON JONES, INC.
VALUATION METHOD - continued
the lease tends to undercompensate the land which results in a
greater, return to the water. As a result the current
percentage for the tidelands is reported to ex . ceed 20% of the
gross.
Rhine Channel:
Rental is $350/yr. for 0.14 acre water (3 parcels
combined). This is a month to month holdover from an
outdated acrreement. The marina operators have not agreed
to new rental rates set by the County.
Rent for Offshore Moorings in Newport Harbor:
The City and County rent water area for offshore moorings in.
Newport Harbor. The mooring equipment is owned and maintained by the
tenant. 'nis data reflects rental income to water area, absent joinder, with
uplands.
'ne City mooring areas involve a total of ±250 acres and the County
area is ±4.6 acres. One acre of water area can accommodate two single
point and four double point moorings. The City charges $18.00 and the
county charges $32.00 per.lineal foot per year. With this information the
income per square foot of water area can be calculated as follows:
Fee for Density
Fee Per 40'Boat Moorings Rental Income
Foot/Ye p—er Year Ler Acre Per Acre Per S.F.
City: $18.00 $720 2/acre single $1,440 3.30
4/.acre double $2,880 6.60
County: $32.00 $1,280 4/acre double $5,120 11.8o
Analysis set out in the following valuation sections shows that water
area generates a significantly higher return when joined with uplands for
marina and related uses.
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GEORGE HAMILTON JONES, INC.
VALUATION
Market Survey:
Our methodology includes the empirical or market comparison
approach which involves a survey of leased parcels of water and land
combined for marina purposes. The survey results are summarized on the
facing page, reflecting the most recent leases or adjustments. While some
of the percentages result from recently negotiated leases or amendments,
others are relatively dated.
This market information is confirmed with managers, lessors or
operators and is studied and compared to the typical marina in Newport
Harbor. This is done to provide indications of percentage and minimum
rents appropriate to the combined water and land. In the following section
of this report an allocation is made between water and land.
In Southern California most marina developments are constructed on
publicly owned land under the jurisdiction of a governmental entity such as
city, county, or port district. The improvements have typically been built
by lessees pursuant to long term land and water leases. In some cases the
improvements have been built and operated by the government (Downtown
Shoreline Marina and Long Beach Marina, Long Beach; Cabrillo Marina in
Los Angeles Harbor; and Balboa Yacht Basin in Newport Beach).
According to the records of the Department of Navigation and Ocean
Development, less than 10% of the berthing spaces in Southern California
are on privately owned (fee title) land. Most of these privately owned
marinas are in Newport Harbor.
Percentage Rent:
Marina/Anchorage:
The survey shows that in Southern California percentage rent paid
for land and water for marina use ranges from 20% to 34% of gross
receipts from slip rents. The predominant rate is 25%. The most
recently negotiated rate in the survey data (March 1993) was 25% for
the Dana Marina in Mission Bay, however, the average slip rents were
substantially below those prevailing in Newport Harbor. The 34%
rate is somewhat anomalous and is for a sublease in the Ports O'Call
area of L.A. Harbor.
IN
GEORGE HAMILTON JONES, INC.
VALUAnON - continued
In Marina del Rey, stepped increases were recently negotiated for
Parcel 18, Dolphin Marina, as follows: 25% to 4/30/95; 28% from
511195 to 6/30/2004; 30% from 7/l/2004 to 6/30/2009; and 32% from
7/l/2009 to 6/30/2014.
The percentage rent which can be supported is significantly
influenced by the level of slip rents. As slip rents and gross receipts
increase, there is a greater percent of the gross available (residual) to
land and water, after satisfying expenses, amortization of
improvements and lessee's profit.
In lower Newport Harbor there are two recent leases of both
upland and water area for marina use. The land and water for the
Harbor Club (formerly Arches Marina) is leased for mixed use
including a marina. The lease was revised in 1989 and the percentage
applicable to boat slip rental is 30% of gross receipts. The rent
provisions were reviewed in 1992 by the county and no changes were
made.
The rental provisions for the Balboa Bay Club lease were revised
in 1986 and the percentage rent for boat slip rents (land and water)
was set at 3 1 %.
Considering all of the data and the locational and other
differences, the survey data supports a percentage toward the upper
end of the range for the typical Newport Harbor marina, which is
judged to be on the order of 30% of gross receipts for slip rents, dock
box rentals, and related.
Survey Indication of Fair Rental: . 30% of gross receipts
Liveaboard Charges:
Where liveaboards are permitted, the universal practice in the
more current leases surveyed is to charge the same percentage for
liveaboard charges as is charged for slip rents.
Minimum Rent:
This portion of fair rental value reflects the minimum economic
return to the land and water which an owner may reasonably expect,
considering the terms and conditions of the lease. This component of fair
-29-
GEORGE HAMILTON JONES, INC. -
VALUATION - condnued
rental value affords protection to the lessor by identifying a return to the
land Which is reasonably assured, while also considering the lessee's ability
to meet.the rental obligation during periods of reduced income due to
cyclical downturns, improvement replacement or renovation, or other
causes beyond the lessee's control.
Our survey of other harbors and marinas indicated that most leases
providefor adjustment of minimum rent each adjustment period to a
percentage (from 67% to 80%) of average actual total rent paid during the
prior three to five years of operation. The minimum rent calculated in this
fashion is then applicable until the next rental adjustment date (typically a
three, five or ten year period). The data is summarized as follows:
Jurisdictio
Ventura Harbor
Channel Islands Harbor
King Harbor
Port of Los Angeles
Z�
Sunset Aquatic Park
Dana Point
Mission Bay
Port of San Diego
Minimum Rent
75% of prior 5 year average
80% of prior 3 year average
75% of prior 3 year average
10% return on $10/s.f. land value
10% return on $5/s.f. water value
75% of prior 3 year average
75% of prior 5 year average
67% to 80% of prior 5 year average
75% of prior year
The preponderance of empirical data supports adjusting annual
minimum rent every 3 or 5 years to 75% of the average total rent for the
prior 3 to 5 year period.
Survey Indication for Minimum Rent: 75% of average annual rent
for prior 3 - 5 year period
Residual Analysis - Test of Market Survey Rental Indication
The percentage rental of 30% indicated by the market survey is
checked by residual analysis. Although this analysis involves calculations
which result in a specific numerical conclusion, the process depends upon
numerous estimates. Therefore, the conclusion is considered more general
than it may appear, and is helpful primarily as a check on the indication by
market survey.
This process is based on the premise that the indicated percentage rent
should return an amount to the land and water which is essentially
%91
GEORGE HAMILTON JONES, INC.
VALUAITON - continued
equivalent to the residual income to land and water. Residual income to the
land and water is that portion of stabilized gross income which remains
after deducting all expenses and charges required to generate the income,
including return on and recapture of improvements and profit.
The stabilized effective gross income is the amount which would be
expected to be produced at market levels by a commercial marina with the
subject's characteris tics. Deductions are then made for all charges and
expenses which are necessary to generate the income, including:
Operating Expenses (before real estate taxes)
Real Estate Taxes
Amortization of Improvements (return on and recapture)
Profit (consideration for risk and entrepreneurship)
The basis for estimating each of these items is discussed below,
followed by a summary of calculations. The amount left (residual) after
deducting the above charges from effective gross income is the residual
income to land and water, which provides a measure of what the marina
could afford to pay for land and water rent.
Effective Gross Income:
Our market survey, which is discussed in the following section,
indicates an effective range of unadjusted slip rates from $12.25 to
$15.25 per lineal foot. An overall average slip rental of $14.25 per
lineal foot is used in the calculations. The vacancy adjustment is based
on a rate of 7%, partially offset to 5% by."overhang charges".
Operating Expenses (Before taxes, tideland fees, and amortization):
Operating expenses are a significant element in the estimate of fair
rental for a property devoted to marina usage. We have found a rather
wide range of these expenses in Newport Harbor and other harbors. In
our opinion, this is due, at least in part, to the following factors:
(a) The Age of the Facility:
On one hand maintenance costs can rise during the last ten
years of a thirty-year marina structure life. However, this can be
offset by the operators considering that the floating
improvements will need major repair or replacement and
re -configuration. Therefore, a repair and maintenance program
-31-
GEORGE HAMILTON JONES, INC
VALUATION - continued
is not maintained. This is currently apparent within Marina del
Rey. As will be shown later, there is a tendency for newer
marinas, with higher slip refits, to experience greater expenses.
(b) Economic Conditions:
With reducing slip rental rates and increasing slip vacancies
as currently exists, less money is available to meet the demands of
regular maintenance. At the same time, apparently a greater
expense arises in marketing the vacant slips which requires
additional time and money.
(c) Operator's Philosophy:
The improved marina data reflects differences in
management philosophy which affects costs. This is influenced in
part by current economic conditions and status of ownership.
Some may be uncertain as to what the future may bring and
plan accordingly. Others pride themselves in maintaining an
operation which reflects a preventive maintenance schedule,
immediate attention and permanent cure to structural
deficiencies, etc. This has been reflected in The Irvine Company
Marinas, Ardell Marina and Lido Peninsula Marina in Newport
Harbor. It is also evident in the Del Rey Yacht Club, Santa
Monica Yacht Club and other operations at Marina del Rey.
These and other elements may affect the manner in which
empirical data is reviewed and reconciled. However, all data appears
to fall within specific ranges of probable costs. 'Me reconciliation of
this data for valuation purposes must be as consistent as possible and
applicable to the intent or purpose of this appraisal.
Elements of Marina Expense:
Insurance: General liability, operators liability, workman's
compensation, fire -wind structures damage,
floating and upland improvements.
Utilities: Cost of energy, water and sewer to serve dock
area, parking lot and necessary ancillary
buildings.
-32-
GEORGE HAMILTON JONES, INC.
VALUATION - continued
Repair and
Maintenance
Reserves for
Replacement:
Salaries and
Wages:
Plumbing, electrical, paint, lumber supplies,
decks, piers, flotation, piles, cleats, bumpers,
storage boxes, black top surfacing, striping,
upland structural maintenance. Included are
contract services of cleaning, rubbish, dock and
utility maintenance.
Sums retained to meet replacement of short
lived or damaged items.
Office staff, dock master, custodians,
maintenance workers, including payroll taxes.
Administration: Cost to administer marina operation, manager's
salary, office costs, legal, auditing, advertising
and promotions, office supplies, employee
medical insurance, personal property taxes.
Management
Fees: Contracted or in house to handle overall
management, bookkeeping, billing, collections,
and associated responsibilities.
On the facing page we have summarized the expense history of
three newer marinas (less than 12 years old) within Newport Harbor
with slip rental at the $13.50 - $14.00 level and average slip size of
31.50 to 38.70 feet. The Balboa Yacht Club expenses are those
estimated by the club in anticipation of possible marina purchase. This
data indicates an annual expense charge of about $35 per lineal foot is
applicable to subject marina (before Real Estate taxes and Tideland
fees).
Real Estate Taxes:
Taxes are calculated by multiplying the tax rate times the taxable
value. The tax rate is based upon a general tax levy of I % plus voted
indebtedness.
The taxable value increases at a rate of 2% per year until there is a
sale or other "reassessable event". Upon sale, the assessor reappraises
-33-
GEORGE HAMILTON JONES, INC.
VALUATION - continued
the possessory interest to current market value. One of the appraisal
approaches employed by the assessor involves capitalization of net
income. Fair market value of the property assumes a sale on the date
of value, To be consistent with that assumption in our residual
analysis, real estate taxes are estimated based on the estimated market
value of the marina on the date of value. This estimate is based on
capitalization of the marina net income. The effective tax rate (general
levy plus indebtedness) is estimated to be 1. 1% of the current vale.
Amortization of Improvements:
This item accounts for the annual charge necessary for a return
on, and recapture of, the improvements. The marina improvements
include the piers and floats, paved parking areas, and restrooms. The
replacement cost new of these improvements is amortized over their
anticipated economic life of 30 years. Replacement costs are based on
actual costs incurred for the subject and adjoining marinas and more
recent costs and estimates for construction of other marinas.
Profit:
Definitions of Profit:
The amount by which the proceeds of a transaction exceed its
cost.
2. In theoretical economics, the residual share of the product of
enterprise that accrues to the entrepreneur after paying
interestfor capital, rentfor land, and wagesfor labor and
management.
(ne Dirfion= af Real. Es= Appraisal, 2d Edition, American Institute
of Real Estate Appraisers.)
As suggested by definition number 2, above, profit may be
considered as residual after all other necessary components are
satisfied. However, in the land residual technique, profit must be
estimated as one of the components, leaving return to land as the
residual element.
In our analysis, profit is considered as the percentage of effective
gross income which is necessary to attract a potential investor,
recognizing the risk in achieving the projected income from the
-34-
GEORGE HAMILTON JONES, INC.
BCYC MARINA RESIDUAL ANALYSIS AS TEST OF MARKET SURVEY
Summary of Assumptions and Conclusions:
Vacancy:
5.0% of PGI
Profit:
15.0% of EGI
Expenses:
$35.00 1l.f.1yr. (Before R.E. 'Faxes)
Imp. Amortization Rate:
10.0% 1year
Total Lineal Footage:
3,017 Lf,
Average Slip Rent:
$14.25 /I.f./mo.
Effective Gross Income:
Net Residual Income to Land and Water (Land Rent):
As percent of Effective Gross Income (EGF:
Potential Gross Slip Rent Income (Annual) @ $14.25 /mo. avg:
Vacancy and Collection Loss: 5.0%
Effective Gross Income - Slip Rental:
Total Effective Gross Income - EGI:
Operating expenses before taxes, tidelands fees & amortization:
$35.00 /L.F./year x 3,017 L.F.
$490,112
$147,992
30.2%
$515,907 $515,907
($25,795)
$490,112
$490,112
($105,595)
Net Marina Income (before taxes, tidelands fees & improvement amortization):
Property Tax Estimate (±I. I % of value):
Cap rate including ±1.1% for taxes:
Capitalized value of marina net income:
Property taxes @ ±
$384,517
10.60%
$3,627,516
1.10% $39,903 ($39,903)
Net Marina Income - After taxes, before tidelands fees and amortization:
Amortization of Improvements:
Floats/piers replacement cost new: $1,050,000
Parking replacement cost new $925 /space x 60 sp. $55,500
Amort. factor for 30 years @ 10.0% annual factor 0,10607925
Annual amortization requirement floats/piers & parking: $117,271
Restroorn replace cost new: $55,000
Amort. factor for 30 years @ 10.0% annual factor 0.10607925
Annual amortization requirement office and restroorns: $5,834
Net Marina Income (after improvements and taxes):
Profit: 15.0% of effective gross income:
Residual Income to Land and Water:
As percent of Effective Gross Income:
$344,614
($117,271)
($5,834)
$221,509
($73,517)
$147,992
30.2%
VALUA'n0N - continued
marina operation, Analysis of investor requirements in other real
estate opportunities with similar Yisk patterns indicates a requirement
of about 15%..
Summary of Calculations - Residual Analysis:
On the facing page is a summary of the residual analysis.
0
calculations incorporating the elements discussed above. This analysis
shows that after satisfying operational requirements, taxes, profit,
amortization of improvements, there is residual to land and water as
follows:
Effective Gross Income: $490,112
Net Residual Income to Land and Water (Land Rent�: $147,992
As percent of Effective Gross Income (EGI): 30.2%
This study supports the market survey indication for percentage
rent of land and water since the residual to land and water,(30.2%) is
essentially equivalent to the market survey indication (30%).
The following pie chart graphically portrays the allocation of the
effective gross income among the various charges shown on the
residual analysis:
15.
30.2% Land �
Water Reni
GEORGE HAMILTON JONES, INC.
Derating
1% Property
ixes:
)vement
Amortization:
-35-
VALUATION
ALLOCATION BETWEEN LAND AND WATER
Introduction:
In the preceding section we analyzed the market evidence which
indicated a percentage rental of 30% of gross receipts for land and water
combined for the typical Newport Harbor marina. In this section we
allocate the indicated 30% rate between land and water based on the theory
of joinder.
The allocation process requires a determination of the amount of land
area and water area required to support a lineal foot of berthing space in the
typical marina. This forrns the basis for determining the contribution to
total value which is made by each component (land and water).
The amount of rent for land and water combined is supported by direct
market evidence. The rent is calculated by multiplying the market derived
percentage (30% estimated in preceding section) times the market derived
gross receipts (slip rents adjusted for vacancy).
The value of the uplands for alternative commercial uses can also be
supported by sales comparison. Given these elements, residual income to
the water can be calculated. However, where the upland values are high due
to demand for alternative uses (as they are in Newport Harbor) there is no
rental income left to the water after providing an 8% to 9% return to the
upland. Therefore, the land must underwrite the marina to some extent.
The theory of joinder requires that both components receive an equal
return on value.
Consequently a two step allocation is required under the theory of
joinder such that both components share in the underwriting of the marina
use. The allocation process requires estimates of the following:
Land and Water Area Requirements (per lineal foot of slip space)
Value of Uplands (at highest and best use)
Slip Rents and Vacancies
Capitalization Rate (for income to land and water combined for
marina use)
-36-
GEORGE HAMILTON JONES, INC.
VALUAMN - continued
Land and Water Area Requirements:
The most consistent and equitable means of measuring the economic
contribution of the water mass is to consider the area's ability to generate
income from slip rental with an appropriate berthing layout. In order to
ascertain space requirements for such use, a survey of marinas in Newport
Harbor was made. The data on the marinas with more than 30 slips was
classified as being typical, high density, or special case. A summary of this
data is set forth in the preceding Descriptions section of this report. From
this study, the following criteria was developed:
Water Area Requirements:
The marinas classified as "typical" demonstrated that
approximately 36 square feet of water area is required per lineal foot
of berthina space. The average slip length of approximately 36 lineal
n
feet results in ±1,295 s.f. of water area required per slip. This includes
area for headwalks, fingers, piers, set backs, fairways, etc.
Effect of B erthing Beyond Pierhead Line or Slip Ends:
Applicable regulations allow moored boats to extend
bayward of the pierhead line a distance equivalent to the width
(beam) of the boat. Typically this allows a greater density of
berthing in two ways: 1) by providing side ties coincident with
and parallel to the pierhead line, and 2) by allowing boats moored
in slips perpendicular to the pierhead line to extend beyond the
end of the slip and bayward of the pierhead line.
The total lineal footage of berthing space in the marinas
which were surveyed to establish the above criteria included side
ties which were coincident with and parallel to the pierhead line.
Therefore, the increase in density resulting from this method of
berthing is already reflected in the criteria and requires no
further adjustment.
The practice of allowing boats to extend beyond the ends of
the slip (and charging berthing fees based on the length of the boat
or the slip, whichever is greater) has the effect of increasing the
potential gross revenue from slip rental. This occurs whether the
extension is inside or bayward of the pierhead line. Our analysis
of aerial photographs in Newport Harbor showed that the
aggregate lineal footage of boats extending beyond slip ends
-37-
GEORGE HAMILTON JONES, INC.
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VALUATION - continued
typically amounted to about 2% of the total lineal footage of
berthing space in the marina. The resulting increase in potential
gross income from this factor is considered in the valuation
analysis by offsetting it against vacancy, turnover, and credit loss
in the estimate of effective gross income.
Land Area Requirements:
Marina development requires sufficient upland area to meet
vehicle parking requirements. The City of Newport Beach Harbor
Permit Policies, Section 17, requires 0.75 parking space for each slip,
or for each 25' of available berthing space not classified as a slip, in
commercially operated marinas.
In addition, space is required for restrooms, storage, and other
ancillary structures. Analysis of efficiently constructed marinas
indicates that 350 s.f. of land per car space will provide sufficient area
for all of these uses. The amount of upland required to support a
marina use, therefore, is equivalent to 350 s.f. x 0.75 = 263 s.f. per
slip, or 263 s.f. + 36 = ±73 s.f. of upland per lineal foot of berthing
space.
The following relationships result from the above criteria:
1 For every lineal foot of berthing, 36 s.f. of water area and 7.3 s.f.
of upland are required.
2. Typically, 1,295 s.f. of water and 263 s.f. of upland are.required
per slip.
3. Area Ratios:
Land: 7.3 s.f. Land + (7.3 s.f. Land + 36 s.f. Water) = 16.9%
Water: 36 s.f. Water + (73 s.f. Land +36 s.f. Water) = 83.1%
Upland Value:
An indication of the general level of waterfront commercial land value
is necessary for the allocation analysis. Our search for sales of
commercially zoned land fronting on lower Newport Harbor resulted in the
sales which are summarized on the facing page. Since the waterfront is
substantially developed, the sales all involved properties wherein the buyer
M
GEORGE HAMILTON JONES, INC.
NEWPORT HARBOR SLIP RENTAL
(Generally comparable to BCYC)
SLIPS LINEAL IFT
Bayside Marina: -
46' - 74'
30' - 45'
0'- 20' outside
0' - 20' inside
Vil]a Cove Marina:
36' - 4Y
22'
Balboa Yacht Basin:
All slips and side ties:
BalboaMarina:
0' - 27'
28' - 55'
Bayshores Marina:
0' - 26'
32' - �8'
68'
82'
,5��x s,�L -4
27
1,709
$15.25
35
1.188
'-$14.25
10
203
$13:00
30
499
$10.50
41 1,416 $14.25
1 22 $12.00
$12.25
61 1,463 $12.50
71 2,714 $14.25
70
1,641
$i.2.00
55
1,858
S14.25,
4
272
$15.25
5
410
$16.50
MMIAWCOMENWITIRrowl]
intended to demolish existing improvements and redevelop the site.
This data provides a panorama of sales which are helpful to show the
general level of waterfront commercial land values for allocation purposes.
The data ranges generally from $64 to $126 per square foot of gross area
and from $64 to $t42 per square foot of net area. Gross area is calculated
to the established U.S. Bulkhead line. Net area is based on location of the
actual bulkhead and existing land area (the difference is the "private" water
area inside the established bulkhead line).
Considering current market conditions and the upward influence of
residential potential on theprice paid for Sale No. 1, we have selected $65
to $100 per square foot of net area as generally representative of
commercial upland values for our allocation calculations.
Effective Slip Rents (adjusted for vacancy and "overhang" charges):
Slip rents at good quality marinas similar to BCYC, as reported for
the first quarter of 1993 are summarized on the facing page. 'Me range is
from $10.50 to $16.50 per lineal foot per month. The range is narrowed to
$12.25 to $15.25 by giving less weight to the atypical slips and side ties.
Vacancy rates have ranged from about 5% to 10% of gross income.
These rates are considered partially offset by about 2% for slip "overhang"
charges. These adjusted rates result in effective slip rates of about $12.00 to
$14.00 per lineal foot per month.
Rental Income Capitalization Rate:
Determination of this rate is necessary to compute the capitalized value
of the land and water in joinder, as restricted and dedicated to marina usage.
Capitalization rates are influenced by the anticipated stability and risk
associated with the income stream. Generally, lower risk results in lower
capitalization rate.
The applicable rate is that market yield necessary to attract a buyer to
the investment in a lessor's (landowner) interest under a marina lease with
rental income determined as a percentage of gross slip rental (see
"Economic Rent" above). The income stream which this rental produces is
subject to variations in the slip rental market, vacancy factor, and credit
loss. Variations in operating expenses, however, are eliminated since the
economic rent to land and water is solely a function of effective gross
income.
DRI
GEORGE HAMILTON JONES, INC.
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VALUAnON - continued
Rates may be derived from the market by considering the sales of
similar investment properties and rates on alternative investment
opportunities. Some of the rates on alternative investments are set out on
the facing page. This data was prepared by the Federal Reserve Bank of St.
Louis, with the latest data being for the week ending May 21, 1993. These
rates show the influence of risk and term on rates. For example, in the
following long term securities instruments the rates increase as risk
increases:
Long -Term Treasuries: 6.72%
Corporate Aaa Bonds: 7.46%
Corporate Baa Bonds: 8.28%
Short term rates are typically lower than long term rates, since
short term investments reduce risk by affording the investor the
opportunity to change position as market conditions change. For
example:
Long -Term Treasuries:
6.72%
5 -Year Treasuries:
5,28%
1 -Year Treasury Bill:
3.25%
3 -Month Treasury Bill:
2.99%
Similar relationships between short term and long term
commitments are found in loans for commercial real estate. A recent
survey by the Appraisal Institute shows the following:
3-5 years I Q+ years
Multifamily
8.55%
9.50%
Retail
8.31%
9.45%
Office
8.60%
9.54%
Industrial
8.73%
9.41%
Capitalization rates for real estate investments typically reflect
some degree of inflation protection since the capital value and income
stream from real estate generally change with market conditions,
including inflation. The risk influence will depend on location and
anticipated stability of the income stream.
EN
GEORGE HAMILTON JONES, INC.
VALUAMN - con6nued
The Appraisal Institute Research Department survey of real estate
investments in the first quarter of 1993 (nationwide) found
capitalization rates in the following ranges by property type:
Retail -Regional Centers:
7.0%-9.0%
Neighborhood Centers:
9.0%-11.0%
Industrial -Warehouse:
8.5%-11.0%
Office -Suburban:
9.0%-12.0%
Capitalization rates for improved properties reflect the fact that
the improvements are a wasting asset, subject to risks of deterioration
0
and obsolescence. Consequently the rate applicable to income
attributable to land only (non -wasting asset) must be lower.
C
Considerina this data and other pertinent market evidence, it is
our opinion that the capitalization rate applicable to the rental income
to land and water ranges from 8.25% to 8.75%.
Muence of Upland Values:
As noted in the foregoing discussion, the direct residual method
produces a negative or unreasonably low return to the water when upland
values are relatively high based on their availability for alternative uses.
This is demonstrated by a survey of other harbors and examples from
Marina del Rey. An illustrative example using Newport Harbor data is also
used.
Survey Data:
We surveyed both marinas and commercial waterfront uplands
not used for marinas. The data obtained in the survey provides a
factual basis for analyzing the effect on value of alternative uses
available to the upland owner in Newport Harbor. The data shows that
income from marina operations is relatively low compared to that
from the commercial upland uses. However the waterfront
environment, including the marinas, contributes to the high level of
income generated from restaurants, retail centers, hotels, and other
related commercial uses.
In Newport Harbor, the private upland owner has the alternative
of not developing a marina and using the upland area (otherwise
-41-
GEORGE HAMILTON JONES, INC.
VALUATION - continued
required for marina support, e.g., parking, restrooms, lockers, etc.)
for a more intense commercial use such as restaurant, office, or retail
sales.
Most of the marinas in Newport Harbor were originally
developed when economic conditions were substantially different. For
example, prior to 1978, upland owners paid essentially no monetary
rental for use of the tidelands area. Landowners considered all net
income produced from marina operation as residual to their land
ownership. Also, the level of land value has increased dramatically in
recent years. Generally slip rentals have increased by about 100% in
the last 10 years, whereas the value of commercial waterfront uplands
suitable for marina development has increased by about 200%.
Therefore, the economic conditions that may have motivated
development of many of the marinas are no longer applicable.
Analysis of the survey data provides an indication of the current
economic factors affecting marina development. As stated previously
in this report, we have developed valuation criteria based upon analysis
of data obtained from Newport Harbor, as well as the survey area.
These criteria are summarized as follows:
Criteria for Efficient Marina Development:
Average Slip Length:
Water Area Required
Land Area Required:
36 lineal feet
36 sq. ft./lineal foot of
berthing space.
7.3 sq. ft./linea I foot of
berthing space.
Criteria for Land and Water Value - Marina Use:
Economic Rent for
Land and Water:
Capitalization Rate of Net
Income to Land and Water:
30% of Gross Income
8.25% to 8.75%
The criteria for efficient marina development are used in the
economic analysis of marina development in Newport Harbor in
accordance with the unique conditions of that location. The criteria
are also helpful for comparison with the survey data, recognizing and
adjusting for differences.
-42-
GEORGE HAMILTON JONES, INC.
VALUATION - continued
The most current and helpful survey information was available.
from Marina Del Rey. This information tends to illuminate the
relationship between land value generated from various upland uses
and the value of land and water combined resulting from marina
usage.
Marina Del Rey:
Substantial data was obtained concerning income derived from
marina operations and from alternative uplands uses including
restaurants, apartments, and retail centers. Generally, the restaurants
produced the highest return to the land based on percentage rents paid
in 1992.
As rental for the combined water and land area for marina
purposes, marina operators paid the lessor, County of Los Angeles,
20% to 25% of gross receipts from slip rentals in 1992.
Pertinent information regarding three typical marinas is
summarized below (we note that the land to water ratio for marinas is
substantially higher in Marina del Rey than that indicated from
analysis of private marina development in Newport Harbor).
Tradewinds paid 20% and the others paid 25% of gross receipts for
land rent:
Area (sq.ft.) 1992 Slip Land & Rent
Mann Land Water Rent Incom Water Rent $/sq.ft.
Tradewinds 96,136 150,000 $625,004 $125,000 $0.51
(157 slips)
Holiday Harbor 112,500 140,395 $569,098 $142,275 $0.56
(218 slips)
Catalina 102,685 138,540 $428,628 $107,157 $0.44
(160 slips)
We have analyzed several waterfront upland uses including retail,
commercial, restaurant, and multiple family residential to derive an
indication of land values. As noted above, the highest income was
generated from restaurants, which pay land rent based on 3.5% of
gross receipts from food and beverage sales combined. Pertinent
information from three of the restaurants is summarized on the
following page:
-43-
GEORGE HAMILTON JONES, INC.
I
VALUATION - continued
Land Gross Income Land Rent Rent
Restauran Area � sq. ft. 1992 Lo County iLq--ft-
Moose 38,750 sq.ft. $3,073,162 $107,561 $2.78
McGillycuddy's
Warehouse
Shangai Red's
56,941 sq.ft. $3,930,208 $137,557 $2.42
47,300 sq.ft. $2,708,828 $94,809 $1.63
+ 11,25 0 water
for guest docks
The landowner's (County) rental income per square foot of land
area generated by Moose McGillycuddy's and the Warehouse was
$2.78/s.f./year and $2.42/s,f./year, respectively, while Shangai Red's
produced $1.63/s.f./year including the water area for guest docks.
The water residual technique has merit as long as the land values
for alternative uses and slip rental rates remain in relative balance.
However, using this technique on income from the Tradewinds Marina
and alternative uplands use value ($2.42/s.f./yr.) from the Warehouse
Restaurant illustrates the shortcomings of this approach when income
from marina use is significantly below income available from
alternative upland uses.
Warehouse Restaurant:
Income to Land: $137,557/year
$137,557 + 56,941 sq. ft. $2.42/s.f./year
Tradewinds Marina:
Income to Land and Water: $125,000
Less: Income to Land
(from alternative use)
$2.42/s.f. x 96,136 sq. ft. $232,649
Residual Income to Water (negative): ($107,649)
GEORGE HAMILTON JONES, INC.
No
VALUATION - continued
Obviously, negative income residual to the water area is an
incorrect value indication. A similar result obtains in Newport
Harbor, where the value of water fronting uplands (for use other than
marina and excluding water rights) is so great in comparison to slip
rates, that negative income results from the residual technique.
Newport Harbor (IllustrativeExample):
Sales of vacant water fronting parcels in Newport Harbor indicate
land values for commercial use ranging from about $65/sq.ft. to
$100/sq.ft. Effective slip rental rates in marinas comparable to the
subject generally range from $12 to $14 per lineal foot and
appropriate rent for unimproved land and water combined for marina
use is 30% of gross revenue from slip rentals. For illustrative
purposes only, utilizing the above approach, and selecting values from
roughly the mid points of the indicated ranges, the residual to water
area in Newport Harbor is indicated to be:
Income to land and water (Marina):
$13/11. x 12 months x 30% =
$46.80/l.f. -- 43.3 s.f./If. =
Income to land (Alternative Commercial Use):
8.5% x $80/s.f.
Residual to Water Area:
Income to Land and Water:
Less: Income to Land (from alternative use)
7.3 s.f. Land/l.f. x $6.80 =
Residual Income to Water (negative)
$46.80/l.f./year
$1.08/s.f./year
$6.80/s.f./year
$46.80/l.f./year
$49.64/1,fdyear
($2.84)/l.f./year
The examples of Marina del Rey and Newport Harbor
demonstrate that if the uplands values are sufficiently high due to
available alternative uses, the water area shows no economic return
unless joined with the land and underwritten to some extent by the
land.
Many of the upland parcels adjoining the tideland parcels are used
for commercial (non -marina) uses mixed with the upland area
required for marina support. In some cases development approval by
-45-
GEORGE HAMILTON JONES, INC.
VALUATION - continued
the city has been conditioned on joint use of parking areas, subject to
some limitation on the upland commercial use, such as hours of
operation. The calculations used for this report, however, are based
upon the standard city requirements for marina development with the
necessary upland area devoted exclusively to marina support.
Valuation and Allocation Computations:
As noted above in the section entitled Valuation Methodology, the
water area is valued in joinder with the upland for marina use. Themarina
value (based on marina income from land and water combined) is then
allocated to each component (land and water) based on the relative
contribution of each, considering its respective highest and best use. The
highest and best use of the land is for development to non -marina
commercial uses. The highest and best use of the water area is forjoinder
with the land for marina development.
The ob ective is to provide each owner (i.e. private uplands and public
water) with equal return on value contributed. This is accomplished by
allocating the market derived 30% of gross receipts rental rate for land and
water combined between land and water in
proportion to the value
contribution of each component.
The computations required to accomplish this valuation and allocation
incorporate and depend upon the following criteria for Newport Harbor
which were developed and discussed above:
1) the physical criteria for typical marina development, and
2) the economic criteria for value of land and water.
Criteria and Computations for Marina Value:
The criteria and computations required to derive an indicated value
for marina use are summarized below. The economic criteria are
expressed in ranges and are likewise employed as ranges in the
computations. The following calculations are done on a computer using 17
decimal places, whereas the display shows only two decimal places,
Consequently the indicated result of a calculation may be slightly different
than if it were done based on the displayed numbers.
go]
GEORGE HAMILTON JONES, INC.
VALUATION - continued
Physical Criteria for Typical Marina Development:
Land Area Requirement: 7.30 Sq.Ft./L.F. of Slip Space
Water Area Requirement: 36.00 Sq.Ft./L.F. of Slip Space
Total Required: 43.30 Sq.Ft./L.F. of Slip Space
Economic Criteria for Value of Land & Water (Dedicated to Marina Use):
Market Shp Rental Rate:
Economic Rent (Land & Water):
Econon-dc Capitalization Rate for
Net Rental Income (Laild/Water):
Land Value of Uplands:
From: To:
$12.00 $14.00 per L.F./Mo.
30.00% 30.00% of Gross Slip Rent
8.25% 8.75% forMarinalncome
$65.00 $100.00 /Sq.Ft. of Land Area
Applying the above physical and economic criteria results in an
0
indication of the value of land and water area presuming; 1) unity of
ownership, and 2) land and water area dedicated to marina use (i.e., no
alternative uses available).
Marina Net Income (to Land + Water Area):
From: To:
Per Lineal Foot/Month: $3.60 $4.20 of Slip Space
Per Lineal Foot/Year: $43.20 $50.40 of Slip Space
Per Sq.Ft./Year:
$1.00 $1.16 of Land +WaterArea
From: To:
Indicated Capitalized Value: $11.40 $14.11 /Sq.Ft. (Land I & Water)
Value Allocation - Before Equalization for Joinder
The above computations result in an indicated range of value per
square foot for land and water combined and dedicated to marina use. This
value must next be allocated to each component (land and water) based on
the relative economic contribution of each.
This allocation is a two step process, first requiring apportionment
based on indicated values as though both land and water were restricted to
manna use. The second step requires equalization of return for the
economic effect of joinder. This adjusts for the fact that the land
-47-
GEORGE HAMILTON JONES, INC.
VALUATION - continued
component is not restricted to marina use, and as previously demonstrated,
the unrestricted upland values in Newport Harbor would otherwise result in
a negative residual income to the water component.
C,
The first step involves computing the percentage which the water value
Z�
(average unit value of marina applied to water area) bears to the sum of the
water value plus the unrestricted land value. This percentage is then
applied to the estimated marina value to obtain the indicated value of water
area, before equalization for economic effect of joinder, as follows:
Value Allocation - Before Equalization for Joinder:
Basic Land Value of Uplands*:
Land & Water (Marina Use)**:
Marina Upland Area (Sq.Ft.)
Marina Water Area (Sq.Ft.):
Total Upland + Water (Sq.Ft.):
From: To:
$65.00 $100.00 /Sq.Ft. of Land Area
$11.40 $14.11 /Sq.Ft. (Land& Water)
7.30 16.86% of Land & Water Area
36.00 83.14% of Land & Water Area
43.30 100.00%
* Unrestricted value of upland area.
"Marina use capitalized value before allocation to land and water areas.
From: To:
Indicated Total Value - Marina: $493.71 $610.91 per L.F. of Slip Space
Value at Highest and Best Use:
Unrestricted Upland Value: $474.50
Water Value (as Marina): $410.48
$730.00 per L.F. of Slip Space
$507.92 per L.F. of Slip Space
Sum of Above:
$884.98
$1,237.92
Proportion of Water
From:
To:
Value to Sum:
46.38%
41.03%
From:
To:
Indicated Value of Water Area*:
$229.00
$250.66
per L.F. of Slip Space
Indicated Value of Water Area*:
$6.36
$6.96
/Sq.Ft. of Water Area
Indicated Value of Land Area*:
$264.72
$360.25
per L.F. of Slip Space
Indicated Value of Land Area*:
$36.26
$49.35
/Sq.Ft. of Upland Area
*Value allocations before equalization for economic effect of joinder.
MR
GEORGE HAMILTON JONES, INC.
VALUATION - continued
The value allocation accomplished in the first step (above) has the
effect of valuing the land component as if it were restricted to marina use.
If both land and water areas are so restricted, the returns to the land and
water components are equal, as demonstrated by the following
computations:
Equalization of Economic Return for Joinder:
Indicated Return on Water Value
Before Effect of Joinder*: 8.75% 8.25%
Indicated Return on Land
Restricted to Marina Use: 8,75% 8.25%
Indicated Return on
Unrestricted Land Value: 4.88% 4.07%
*Presumes upland restricted to Marina Use.
These calculations show equal rates of return of 8.25% to 8.75% to
both land and water values only when the land is restricted to marina use.
However, if the income allocated to land ($23.16 to $29.72 per LF. of slip
space) is applied to the unrestricted upland value ($474.50 to $730.00 per
L.F. of slip space), the indicated return to land is reduced to 4.07% to
4.88%. Therefore, to reflect the non -unity of ownership and the value
contributions of the upland and tideland components, the following
equalization is required.
Equalization of Economic Return for Joinder:
The above allocation provides equal rates of return only if the upland
is considered to be restricted to marina use. However, deducting an
economic return to the unrestricted upland value would result in a negative
residual to the water component. Recognizing that the water component
would have essentially no economic value without joinder to the upland, an
ma
GEORGE HAMILTON JONES, INC.
From:
To:
Marina Net Rental Income:
$43.20
$50.40 per L.F. of Slip Space
Allocated to Water Area:
% Allocated to Water:
46.38%
41.03 % of Marina Rental Incom,
Income to Water Area:
$20.04
$20.68 per L.F. of Slip Space
Allocated to Land Area:
% Allocated to Land:
53.62%
5 8.9 7 % of Marina Rental Incom
Income to Land:
$23.16
$29.72 per L.F. of Slip Space
Indicated Return on Water Value
Before Effect of Joinder*: 8.75% 8.25%
Indicated Return on Land
Restricted to Marina Use: 8,75% 8.25%
Indicated Return on
Unrestricted Land Value: 4.88% 4.07%
*Presumes upland restricted to Marina Use.
These calculations show equal rates of return of 8.25% to 8.75% to
both land and water values only when the land is restricted to marina use.
However, if the income allocated to land ($23.16 to $29.72 per LF. of slip
space) is applied to the unrestricted upland value ($474.50 to $730.00 per
L.F. of slip space), the indicated return to land is reduced to 4.07% to
4.88%. Therefore, to reflect the non -unity of ownership and the value
contributions of the upland and tideland components, the following
equalization is required.
Equalization of Economic Return for Joinder:
The above allocation provides equal rates of return only if the upland
is considered to be restricted to marina use. However, deducting an
economic return to the unrestricted upland value would result in a negative
residual to the water component. Recognizing that the water component
would have essentially no economic value without joinder to the upland, an
ma
GEORGE HAMILTON JONES, INC.
VALUATION - continued
additional computation is necessary to further apportion available income
from marina utilization.
The concept of providing an equal rate of return to the unrestricted
land component (i.e. value at highest and best use) and to the water
component at highest and best use (i.e. before adjustment for joinder
requirement) forms the basis of the "equalization" adjustment.
Adjustment to Equalize Return for Econornic Effect of Joinder:
Equalized Return = Marina Net Income + (Unrestricted Land + Water Values)
Net Income
From: $43.20
To: $50.40
Equalized Return:
From: $43.20
To: $50.40
Equalized Retura*:
(Unrestricted Land + Water Value)
$474.50 + $229.00
$730.00 + $250.66
+ $703.50
$980.66
From: To:
6.14%
5.14%
These equalized rates of return are then applied to the unrestricted
land value and the water value to indicate the equalized annual return to
each:
Return to Land (range): 6.14% x $474.50 = $29.14 per L.F. of slip space
5.14% x $730.00 = $37.52 per L.F. of slip space
Return to Water (range): 6.14% x $229.00 = $14.06 per L.F. of slip space
5.14% x $250.66 = $12.88 per L.F. of slip space
The combined return to land and water ($43.20 to $50.40) is
equivalent to 30% of effective gross marina income. This market derived
rate is allocated between land and water in proportion to the above
equalized returns as follows:
Income to Land & Water:
$43.20
$50.40 per L.F. of Slip Space
As % of Gross:
30.0%
30.0% of Gross Slip Rent
Income to Land:
$29.14
$37.52 per L.F. of Slip Space
As % of Gross:
20.2%
22.3% of Gross Slip Rent
Income to Water:
$14.06
$12.88 per L.F. of Slip Space
As % of Gross:
9.8%
7.7% of Gross Slip Rent
51111
GEORGE HAMILTON JONES, INC.
VALUATION - continued
Reconciliation
The foregoing analysis results in'indicated fair rental for the water
area devoted to typical marine use ranging from:
7.7% to 9.8% of gross slip rental income.
This range of indicated percentage rental for the water area considers
the typical marina configuration with locational and slip rental
characteristics similar to the BCYC marina. The ranae of indicated
percentage rental is relatively narrow despite the somewhat broader
economic criteria used in the foregoing computations. This results from
the offsetting characteristics of some of the criteria.
For example, generally higher slip rentals are realized in areas with
higher uplands values. Higher slip fees result in a higher indicated rental
value for the tidelands. However, these value enhancing effects tend to be
offset to some extent by the fact that as the value of uplands increase for
alternative (non -marina) uses (with other factors held constant) the value of
the adjoining water area decreases.
0
The range of indicated percentage rental ( 7.7% to 9.8%) is influenced
primarily by three elements:
1) effective slip rental rates ($12.00 to $14.00/l.f./mo.),
2) capitalization rate applicable to land/water income (8.25% to 8.75%),
3) upland land value for alternative use ($65 to $ 1 00/s.f.).
The proposed lease freezes the percentage rate for the entire 30 year
term with no provision for adjustment. Therefore, selection of a rate
within the range must consider the effects of probable changes in these
variables.
Effective Slip Rents
Effective slip rental rates (asking rate less vacancy and incentives)
are the most variable. Current rates within the better Newport Harbor
marinas remain relatively high with only moderate softening. Marina
del Rey has experienced significant vacancy (excess of 15% to 20%) on
slips of less than 30 lineal feet, as has the Balboa Marina in Newport,
-51-
GEORGE HAMILTON JONES, INC.
VALUATION - continued
Effective rental rates in the smaller slips in Marina del Rey have
also delcined due to incentives and reduced asking rates. However the
facilities are reaching 30 years of age and reflect considerable
obsolescence and deferred maintenance. Notwithstanding these
factors, the 35 foot and larger slips have experienced relatively stable
vacancy and rental rates.
The subject marina used as the basis for this analysis is considered
to be less than 10 years old, well maintained and of efficient
configuration. Within the existing BCYC marina, those slips located
in City tidelands all are 35 ft. and longer except for slip No. 103 (30
T
ft.), No. 98B (30 ft. side tie) and No. 105 (87 ft. possibly three ±29 ft.
side ties). Therefore, the subject configuration appears appropriate to
minimize the influence of a changing economy on slip rantals over the
30 year term.
The current short term outlook is that rates could have some
softening before the economy regains its strength. However, as it
returns and demand increases some upward movement of the rates can
be expected. This has an upward influence on percentage rents.
Capitalization Rates:
While over the last ten years long term mortgage interest rates
have varied from 16% to 7.5% overall, capitalization rates on Marinas
have probably ranged from 12% to 9% and land lease capitalization
rates typically have moved between 9.5% and 8%. Therefore, the
8.225% to 8.75% range is reasonably secure.
Upland Land Values:
Upland land values are also subject to variation. However, the
supply of privately owned bayfront land in limited. Over the years
this category of investment has shown a relatively stable value history
with periodic spurts upward in times of prosperity. Over the long
term their appreciation potential should be superior to most alternative
land investments.
This judgement would lead to a conclusion that the upward
pressure on marina percentage rent caused by increases in slip rental
rates can be more than offset by rising upland values. This results
from the fact that increased upland values reduce the share of marina
income available to the water.
-52-
GEORGE HAMILTON JONES, INC.
VALUATION - contirwed
On balance, it is our opinion that anticipated changes in the three
influences tend to be offsetting. However, the long term lease does provide
the lessee an interest in the tidelands riot associated with a tidelands permit
(present status).
This should offer greater certainty and security to the investor and
significantly improve the mortgageability of the marina as a whole, In our
opinion these considerations support a conclusion of percentage fair rental
slightly above the mid -point of the 7.7% to 9.8% range.
Fair Rental Value Conclusion - Long Term Lease of Water Area:
As a result of our investigation and analysis, as well as consideration of
other factors pertinent to the appraisal problem including the terms of the
proposed lease, we have formed the opinion that the fair rental value of
those certain water parcels parcels with locational and slip rental
characteristics similar to the subject marina is 9.0% of gross receipts from
slip rentals, locker rentals, and related.
Fair Rental Value Conclusion: 9.0% of gross receipts
Adjustment for Private Water Area:
In many marinas (including BCYQ part of the water area supporting a
marina is inside the established U.S. Bulkhead line and therefore privately
owned and not part of the tidelands for which rent must be paid. The
BCYC marina has 15 berthing spaces in the private water area. Adjustment
for this may be done by the income source method.
Income Source Method:
With this method of adjustment the gross receipts generated by the
15 slips in the private water area is simply deducted or excluded from
total gross receipts. The 9.0% rate is then applied to the remainder
gross receipts (those generated from the slips in the tidelands area).
This method is relatively straightforward and it tends to reflect the
economics of each water segment.
Examples of Percentage Rental at Alternative Effective Slip Rates:
There are 2,504 lineal feet of berthing space in the tidelands. For
illustration only, we have applied effective slip rents (after vacancy) of
-53-
GEORGE HAMILTON JONES, INC.
VALUATION - continued
$11, $12, $13 and $14 per lineal foot per month to show the resulting
percentage rent. The calculations are as follows:
$1 I/l.f./month x 2,504 Lf. x
12 months x 9% = $29,748 per yr.
$12/l.f./month x 2,504 Lf. x
12 months x 9% = $32,452 per yr.
$13/l.f./month x 2,504 Lf. x
12 months x 9% = $35,156 per yr.
$14/l.f./month x 2,504 Lf. x
12 months x 9% = $37,860 per yr.
Alternative Method for Private Water Area Adjustment - Area Ratio:
The area ratio method is offered for consideration by the parties
as a possible alternative to the income source method. This method
involves adjusting the 9% rental rate based on water area ratios. The
adjusted rate is then multiplied times the gross receipts from the entire
marina. For example, calculations using the water areas in the BCYC
marina result in the following adjusted rental rate (dimensions used in
area calculations include a 100'project line and other dimensions
found on assessor's maps or scaled from other maps):
Tidelands area: ±76,550 sq.ft.
Private area: ±10,775 Lq.ft.
Total water area: 87,325 sq.ft.
Percentage of tidelands to total:
±76,550 sq.ft. - 87,325 sq.ft. = 87.7% -
Tidelands rental rate applicable to total gross receipts:
87.7% of water area x 9.0% total rate = 7.89% adjusted rate
This method may be easier to administer than the income
source method, however, it doesn't fully reflect the economics of
each water segment. For example, due to its shape and location,
the private water area in the BCYC marina has a higher density of
slips (no access aisles required).
-54-
GEORGE HAMILTON JONES, INC.
VALUATION - confinued
Minimum Rental Calculation:
Our conclusion for minimum rental is 75% of the average preceding
three years actual rental paid for slips within the tidelands, adjusted every
three years. Initial minimum rental may be calculated as 75% of what the
average percentage rent would have been for the preceding three years
based either on actual receipts or on agreement of the parties,
Again, for illustration only, the following are examples of minimum
rentals based on 75% of total percentage rent resulting from average
effective slip rents of $11, $12, $13 and $14 per lineal foot per month:
@ $1 1/l.f./month: percentage rent is $29,748 x 75% = $22,311 per yr.
• $121l.f./month: percentage rent is $32,452 x 75% = $24,339 per yr.
• $13/l.f./month: percentage rent is $35,156 x 75% = $26,367 per yr,
• $14/l.f./month: percentage rent is $37,860 x 75% = $28,395 per yr.
7he purpose of this appraisal is not to judge what BCYC slip rental
should be. It is only to estimate the percentage rental applicable to the rent
received and a basis for a minimum rent consistent with general practices
within the marina industry.
-55-
GEORGE HAMILTON JONES, INC.
QUALIFICAUONS OF GEORGE H. JONES, MAI
Member of the Appraisal Institute
Certified Appraiser, State of California, No. AGO05632
Educational:
High School: Pomona High School
College: Pomona Jr. College - 1941 - 1942
Stanford University - 1942 - 1943
University of California at Berkeley (U.S.N.R. transferee) - June 1943 to
June 1944
Graduated Bachelor Applied Science (Engineering) - June 1944
University of California at Berkeley.
(non -interrupted four-year curriculum in three years).
AdvancedStudy: American Institute of Real Estate Appraisers -Candidate Study Courses I
and II, August - September, 1950; U.S.C. Engineering School, 1949-1950.
Professional:
1944 - 1946: United States Navy, Structures Officer, U.S. Navy Air Corps.
1946 - 1946: Stress Group (Engineering) - Douglas Aircraft, Santa Monica
1946 -1948: Estimator - Engineer and Chief Estimator - Engineer
Southern California area, Bank of America - Los Angeles Headquarters
Appraisal, secondary duty
1948-10/51: Real Estate Appraiser, Bank of America, Los Angeles Headquarters.
Valuation of all classifications of real property for mortgage loan and fair
market value purposes throughout Southern California.
10151 to date: Independent fee appraiser, primarily serving General Southern and Central
California areas, but with experience in Nevada, Arizona, Utah, and
Honolulu.
Valuation of all classes of real property, res * idential, residential income,
commercial, industrial, agricultural and special purpose.
Experienced in problems of fair market value estimations, condemnation,
value of lease interests, iair.rental estimates, economics of property
utilization and others. .
Qualified for court testimony as expert witness on real estate valuation in Superior Courts
of Orange, Los Angeles, Riverside, San Diego, San Bernardino, Santa Barbara, San Luis
Obispo Counties and Salt Lake City, Utah. Also U.S. Federal Court in Fresno and Los
Angeles; U.S. Tax Court in Los Angeles; U.S. Court of Claims in Los Angeles and Honolulu,
Appointed as court appraiser within Superior Courts of Los Angeles and Orange Counties and
Federal Court, Los Angeles.
Served as instructor atU.C.L.A. in 1952-1959. Extension courses on Real Property
Valuation, primary and advanced.
Since 1963, Instructor for American Institute of Real Estate Appraisers at various
campuses throughout the United States. Primary subject taught: Investment Analysis and
Litigation Valuation.
' GEORGE HAMILTON JONES, INC.
Qualifications of George Hamilton Jones, MAI
Page 2
Representative appraisal clients include, in part, the following:
Industrial:
Union Pacific RR., Las Vegas
Johns Manville Corp., Corona
Cabot, Cabot, and Forbes
Beeco Corporation
U. S. Motors, Anaheim
National Cash Register Co.
The Irvine Company
Los Angeles County Transit District
Commercial:
John B. Kilroy Company
Southern Counties Gas Co.
Frank H. Ayres and Son
Sheraton Hotel
Disneyland, Anaheim
Bank of America
Aaricultural:
Yellow Cab Company, Los Angeles
Ford Motor Co., Newport Beach
LAX Intercontinental Airport, Palmdale.
Bixby Ranch Company
Southern Pacific Company
American Can Company
Orange County Transit Company
Los Angeles Community Redev. Agency
Beverly Hills Develop. Co., Beverly Hills
Southern California Edison Company
The Irvine Company
East Anaheim Shopping Center
M.B.M. Farms, Cucamonga, Etiwanda Rancho Mission Viejo, Orange County
Bell-Pitzer Groves, Claremont George Kinsey, Antelope Valley
Agro Phosphate Co,, Imperial Fresno Counties The Irvine Company
Residential, Residential Income, Subdivision Acreage:
Hercules Powder Co., San Fernando
General Motors Real Estate Division
Southern California Edison Co.
Pacific Electric Co.- S.P.R.R.
Fritz Bums Foundation
Citation Builders
Governmental Bodies:
City of Costa Mesa
City of Santa Ana
City of Corona
City of Laguna Beach
City of San Clemente
Orange County Harbor District
State Division of Beaches and Parks
Los Angeles Department of Water and Power
GEORGE HAMILTON JONES, INC.
Southern California Gas Company
The Irvine Company
Crown Zellerback Company
Gersten Corporation
Estate of William Cagney
City of Buena Park
City of Fullerton
City of Hermosa Beach
City of Newport Beach
City of Santa Barbara
San Diego Unified Port District
California State Attorney General's Office
State Department of Finance
Qualifications of George Hamilton Jones, MAI
Page 3
Governmenta Bodies i (continued from previous page)
County Counsel, County of Santa Barbara and Ventura
State Division of Highways, District V11, District VIII
U.S. Department of Justice, Lands Division, So. District of California
County of Orange, Flood Control District, County Counsel, Right of Way Dept., G.S,A.
County of Los Angeles, Flood Control District, County Counsel
School Districts:
Westminster School District
Newport City School District
Savanna School District
Futlerton School District
San Clemente School District
Lendin2 Institutions:
Anaheim City Schools
Magnolia School District
Placentia School District
Capistrano School District
Bank of America, Trust Depts. Security Pacific Bank
City National Bank and Trust Co. of Chicago Pico Citizens Bank
Newport - Balboa Savings and Loan Crocker -Citizens Bank
Union Bank and Trust Company of Los Angeles
Attorncys�
Barton Gaut - Best, Best & Kreiger, Riverside
Anthony P. Parrille - Santa Fe Southern Pacific Corp., Los Angeles
William Stinchart, Jr. - Gibson, Dunn & Crutcher, Los Angeles
Robert D. Burch - Gibson, Dunn & Crutcher, Beverly Hills
Robert Waldron, Santa Ana
Donald J. Drew, Pasadena
Don R. Adkinson - Harwood, Adkinson and Meindl, Newport Beach
John C. Hall - Latham and Watkins, Los Angeles
Richard S. Volpert - O'Melveny ok Myers, Los Angeles
Other -
South Laguna Sanitation District
Laguna Beach Co. Water District
Specialized Assignments:
Orange County Irrigation District
Anaheim Union Water Company
In addition to the above general classifications, the undersigned has made valuations of less
common properties including, in part, the following:
Undeveloped islands - Upper Newport Harbor, California
Beach front properties - excess of 200,000 l.f. of ocean or bayfrontage involving over 1,000
parcels between San Luis Obispo County and the Mexican border
Proposed Marinas - San Elijo Lagoon, Imperial Beach, San Diego County - Harbor Island,
City of San Diego
GEORGE HAMILTON JONES, INC.
Qualifications of George Hamilton Jones, MAI
Page 4
Specialize Assia1ments: (continued from previous page)
Existing Marinas - Newport Beach - Lido Peninsula Yacht Anchorage - 228 Slips
Bayshores Marina - 134 Slips
Balboa Yacht Club Marina - 72 Slips
Bahla Corinthian Yacht Club Marina - 83 slips
Lido Marina Village Yacht Anchorage - 99 slips
Marina Del Rey - Aggie Cal Marina - 113 Slips
Parcel 44 Marina - 251 Slips
Rancho Mission Viejo - 52,000 acre ranch
Santa Cruz Island, Califomia - 58,000 acres
108,000 acres - portion 29 Palms Marine Base
Montana de Oro Ranch - 4,450 acres - Morro Bay Area
Eight cemeteries - Los Angeles, San Bernardino, Orati.ge County, Honolulu
Dry lake bottom land and desert properties, Antelope Valley
Tidelands: Newport Beach, San Diego County, Santa Barbara County
Duck Clubs - Antelope Valley
Wildlife Habitats, Wetlands - San Diego County; Orange County; Padilla Bay, Washington
Sanitary Landfills - Monterey Park, Huntington Beach, Dairyland
Real Property Damages: Soil Subsidence, Slippage, Critical Soils
Division Lessor - Lessee Interests - Oil Producing Properties
Valuation of stock inclosely held corporations, Orange, Los Angeles Counties, and Honolulu.
Estimated damages to residential, commercial, industrial, and park land arising
from Santa Barbara Offshore Oil Spill (excess of 500 parcels)
Rights of Way; power transmission lines, sewer, drainage, avigation easement, railroads
(operating, abandoned)
Golf Courses: Riverview, Irvine Coast, Newport Beach, South Laguna, I-Ellcrest, Los Angeles
Country Clubs, Rancho Mirage Country Club, Cresta Verde Golf Course
Membership in Professional Organizations:
The Appraisal Institute (formerly the American Institute of Real Estate Appraisers)
President - Southern California Chapter. No. 5 (1978)
Gov. Counselor (1980-1983)
International Right of Way Association
Revised 5/27/92
GEORGE HAMILTON JONES, INC.
Qualifications of Kent Harvey
Education:
University of California at Berkeley
Degree: Bachelor of Arts, Economics Major, 1963
Advanced Study:
University of San Diego -Law, JD degree, 1970
Real Estate Appraisal Courses:
University of California at San Diego -Extension
Real Estate Appraisal, 1974
American Institute of Real Estate Appraisers:
Real Estate Appraisal Principles, 1988
Basic Valuation Procedures, 1988
CapiWization Theory and Techniques, Part A, 1988; Part B, 1989
Standards of Professional Practice, 1988
Case Studies in Real Estate Valuation, 1991
Report Writing and Valuation Analysis, 1992
Professional Licenses and Affiliations:
Certified General Real Estate Appraiser, No. AGO06753, State of California
Appraisal Institute, Candidate for MAI Designation
Instructor:
College of the Northern Mariana Islands - Taught Economics, 1985
Experience:
January 6, 1971 to November 20, 1978:
Deputy County Counsel, Real Property Division, Office of County Counsel
County of San Diego, California.
Assignments: Legal representation of County Planning Commission,
Departments of Real Property, Planning, and Public Works. Condemnation
litigation and property acquisition services.
January 9, 1979 to April 8, 1987:
Supervising Attorney, U.S. Dept. of the Interior, Office of Territorial and
International Affairs.
Assignments: Land claims administration and Attorney General for the Trust
Territory of the Pacific Islands with headquarters on Saipan in the Northern Mariana
Islands.
January 10, 1988 to Present:
Real Estate Appraiser and Consultant, George H. Jones, Inc. Real Estate
Appraisers and Consultants, Newport Beach, California.
Assignments: Valuation of various classifications of real property and real
property interests for fair market value, fair market rent, and other purposes.
GEORGE HAMILTON JONES, INC.
File No: L062593Y.845
SITE DESCRIPTION
Page 2
The existing bulkhead at the Bahia Corinthian Yacht Club (BCYC) is located
westward and south of the main clubhouse and boat storage yard. The total
length of all wall segments is approximately 596 feet. The top of coping
elevation is approximately +9.5 feet (MLLW - Mean Lower Low Water)� The
bulkhead was constructed using precast concrete sheet piles founded on, or
slightly into, the underlying sandstone bedrock. The sheet piles are
anchored at the top using tie rods which connect to cointinuous concrete
coping (a beam encasing the tops of sheet piles) with deadman anchor blocks
buried approximately 30 feet behind the bulkhead.
Our review of historical plans and documents of the site show that the
bulkhead currently consists of three distinct segments, each constructed at
a different time and to different design requirements. (See RKS&A Sketch
No. SK -1)
SECTION 1: The northerly 174 feet of the westerly bulkhead fronting
the boat storage area was built for the Irvine Company in
1955 by Croft & Neville.
SECTION 2: Sometime in the early 1960's, the southerly 274 feet of
the westerly bulkhead fronting the pool and clubhouse
area was constructed to the corner in front of the
clubhouse.
SECTION 3: The return portion, extending 148 feet along the
southerly property line to the private residence area,
was designed by Koebig & Koebig and installed by
Trautwein Bros. in 1969.
Because the sandstone bedrock is so close to the surface (contact elevation
is about 15 feet below finished grade), lower lateral support for the
bulkhead panels on the bay side was provided by a timber beam (wale)
attached to spaced steel H -piles driven an undetermined distance into the
bedrock. over time, attack by marine organisms rendered the timber
ineffectual, and it was replaced in 1983 by a cast -in-place continuous
concrete beam supported by the original steel H-pileB. This replacement,
designed by Cash & Associates, extends from well beyond the northerly
property line to the corner of the bulkhead in front of the clubhouse
(Sections 1 and 2 above). cash & Associates has informed us that, during
this repair project, the tie rods in Section 1 were replaced and the
replacement tie rods were encased in PVC pipe sleeves.
RICHARD K. SHOGREN & ASSOCIATES Const(Hijig Civil Enghieers