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Home My WebLink AboutC-6450 - Bayfront Encroachment Agreement EPN N2001-164 for 401 North bayfrontSul RECEIVED RECORDING REQUESTED BY AND WHEN REDDRM1211REW! N TO: i i'i CITY Ct.EFtr; City Clerk Office ' CP;T wLACII City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92659-1768 Rece: 'ed in Off icoi ii RecordsCanty of Orange Gary Granville. Clerk-Rtecorder 111111111111111111124 100 u01uu /- V 01.58 ni uG1. 1 110 3 Al2 10 n()0 1000 0 00 :).0£) is 00 0 00 0 00 0.00 (Space above this line for Recorder's use only.) CITY OF NEWPORT BEACH BAYFRONT ENCROACHMENT AGREEMENT FOR 401 North Bayfront (Property Address) EPN2001-164 1. Definitions. (a) "Authorized Improvements" shall mean those improvements within the Permit Zone that are shown on Exhibit "B" provided the improvement is consistent with the Policy and the LCP. (b) "LCP" shall mean the proposed Land Use Plan of the Local Coastal Program, which the City is now developing. (c) "Permit Zone" shall mean the area bayward of the property line that runs generally parallel to the shore line and within the bayward prolongation of tl ruse property lines that are roughly perpendicular to the bayfront shore line on Balboa Island, from the property line to approximate 2'-6" behind the back of the public sidewalk. (d) "Permittee" shall mean Anne McNeill, the owner of the property at 401 North Bay Front. (e) "Policy" shall mean City Council Policy L-6 as approved by the City Council on January 24, 1994, together with all modifications approved subsequent to that date, including the proposed new policy regarding Encroachments to the Bayfront right-of-way. (f) "Public Works Director" shall mean the Public Works Director for the City of Newport Beach or his designee. 2. Permit Principles. Permittee acknowledges that the issuance, administration and interpretation of the Permit is based on, and shall be consistent with, the following: (a) The City of Newport Beach is in the process of formulating an encroachment policy for the Bayfront on Balboa Island. This policy is intended to replace the general provisions of City Council Policy L-6 -- regarding Private Encroachments in Public Rights -of -Way -- as it relates to Balboa Island. The policy may amend the definition of "Permit Zone" and the nature of Authorized Improvements in that Zone. The new policy will impose annual permit fees for any encroachment permit for the Bayfront Right -of - Way. Permittee agrees to modify all existing encroachments to comply with the criteria of the new Encroachment Policy within 90 days of the Newport Beach City Council's adoption of the new policy and to pay any fee required by the new policy. (b) The fees charged Permittee are to be used solely to defray the cost of administering the Policy and, in accordance with the LCP, mitigate the impact on the Bayfront stemming from the construction and maintenance of Authorized Improvements. The annual fee shall be as specified in City Policy. 3. Standard Conditions. Permittee shall strictly comply with the following standard conditions to the approval of all Bayfront encroachment permits and any special conditions specified in Exhibit "B": (a) Permittee must execute and file an Encroachment Permit for Bayfront Encroachments (Exhibit "A"). (b) Permittee must record this completed Bayfront Encroachment Agreement, a sketch of the improvements within the encroachment zone on Bayfront Encroachment form (Exhibit "B") and pay any required annual fee per City Council Policy L-6. (c) Upon sale of property, the new owner must execute and file a Bayfront Encroachment Permit before the close of escrow. (d) Permittee shall construct and maintain only the Authorized Improvements. (e) Permittee shall maintain at its expense all Authorized Improvements in good condition and repair. (f) Permittee shall be responsible for the cost of any repair to public facilities or improvements damaged by the installation or maintenance of the Authorized Improvements. (g) Permittee shall defend, indemnify and hold the City and its officers and employees harmless with respect to any claim, damage or injury related to Authorized improvements provided the Permittee shall have no such obligation if the claim, damage or injury was caused by any officer, employee or representative of the City; (h) Permittee shall remove any unauthorized improvements within ten (10) days after notice to do so, consent to City abatement of unauthorized improvements if not removed within the time specified in the notice and shall pay all costs incurred by the City in removing any unauthorized improvement. (i) Permittee shall allow the Public Works Director, or designee, to inspect improvements within the Permit Zone during normal business hours without notice to Permittee. (j) Construction within Permit Zone: 1. All construction within the Permit Zone must be performed by licensed contractors, unless waived by the City. 2. All work must be inspected by the City. Forms and subgrades must be inspected and approved before concrete is ordered. Inspectors are normally available during working hours upon 24 hours advance notice. Call (949) 644-3311 to arrange for an inspection. 3. Barricades and or flagging must be provided and maintained around all trenches, excavations and obstructions. 4. Refuse or unused materials shall be removed within 24 hours after completion of the work. If materials are not removed, the City may remove the materials and bill the applicant. 5. Work which has been done prior to issuance of a permit is subject to rejection and/or fine. (k) City may enter into the Permit Zone to exercise its rights with respect to the Public Right -of -Way, including, but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public facilities or improvements. City may remove portions of the Authorized Improvements as required, and in such event: 1. City shall notify Permittee of its intent to perform the work, except in the case of an emergency. 2. City shall bear only the cost of removing any Authorized Improvement necessary for City to complete the work. 3. Owner shall be responsible for restoring any Authorized Improvement affected by the City's work, and shall pay all costs associated with such restoration. 4. Encroachment Permit Term/Renewal. (a) Term The encroachment permit issued pursuant to this Agreement shall be effective on the date of issuance. (b) Renewal 1. In order to maintain Authorized Improvements within the Permit Zone, Permittee must pay the required annual encroachment fee and file a completed Bayfront Encroachment Permit form (Exhibit "A") by May 31 st of each year. 2. In order to construct new improvements or modify existing improvements within the Permit Zone, Permittee must pay Encroachment Fees Schedule, if applicable, and file both a completed Bayfront Encroachment Permit form (Exhibit "A") and a sketch of the improvements on the Bayfront Encroachment form (Exhibit "B") for approval prior to beginning work. 5. Stipulation to Property Right. Permittee stipulates that City has at a minimum, an easement for street and public access purposes across the Permit Zone. The construction or maintenance of authorized encroachments pursuant to any Bayfront Encroachment Permit constitutes a waiver on the part of the Permittee and all successors to dispute the validity of this easement or the City's rights to prevent construction of any improvement in the permit zone. 6. Termination City shall have the right to terminate this Agreement, or require Permittee to modify Authorized Improvements, at any time the City Council determines that termination or modification is in the public interest. 7. Revocation. The Public Works Director may revoke this Agreement after notice and hearing upon a determination that Permittee is in violation of the terms or principles or conditions of this Permit. 8. Notice. Notice shall be deemed given when personally delivered to Permittee or when deposited in the United States mail, first class postage prepaid, and addressed to Permittee at the address specified on the Application for Permit. 9. Binding Effect. Owner agrees that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of Owners' interest in the land whether fee or otherwise, and shall be recorded in the Office of the County Recorder of Orange County, California. IN WITNESS WHEREOF, the parties have caused this Permit to be executed on the day and year first written below. CITY OF NEWPORT BEACH A Municipal Corporation Dated:_ By: �• j� City Ma ager APPROVED AS TO FORM: City Attorney ATTEST: r �I/Y�, �� ►� City Clerk "PERMITTEE": Dated:—X-,3 /- .2. oo i B : Anne McNeill STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On M'/11/ 2001 before me, 41AIDAS•W000 , NOTA 1t y P OBL C, personally appeared 4AIA16 NI d Ne --t4 — (or proved to me on the basis of satisfactory evidence) to be the personA whose name()Xare subscribed to the within instrument and acknowledged to me that he iEpthey has executed the same in his/their authorized capacity(i, and that by hiheir signature(1) on the instrument the person'rj -el or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA LINDA S. WOOD Commission # 1206200 Notary Public - Callfornia Orange County ldyComm. ye Jan 12_,MM (This area for official notarial seal) ) ss: COUNTY OF ORANGE ) On TOW 2001, before me, e1 IAVf I V I cif' personally appeared ALA aM ta p M. Par klab perso ally kn n to me to be the person s hose nam (s is ar subscribed to1,�t within instrument and acknowledged to me that he/shVsn has execu't'ed the same in his/her/ authorized ca acit r P y ees and that by his/her#ge signature the instrument the person(�r the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 0�4� � "�W� Notary Public in and for said State LEILANI V. INES "" Commission # 1170960 Notary Public - Californk l Z '''�" Orange County My Comm. Expires Jan 25, 2002 ig (This area for official notarial seal) F:\Users\PBW\Shared\ROW_agmts\2001\2001-164401 N. Bayfront.doc EX 1 1 BI T to ^ III. EZHIB11'-A" CITY OF NEWPORTBEAC:FI ...?!�(:)AG) IiYiP: r PEKi�4fi' '��i (PlensC f)'pe tY peal Irvliln ?•,•« I'.,rl Ili � .. '�,....) , o,FlrE iJSE ONLY; •. . III APPLICATION F L' Ct WC :,J — G �e'y GNr.F,;in 1 `'NATLR PERMIT A E.P. (CHECK ONE) ❑ S iNCF E'(t AJ.r llt)h! O COQ�"N"IN�ECTION Amcunl Fee Paid S p UNDE ;rr. >LINt vnU1lE.`• k OTHER: yy/� C_` Receipt 0__ (21 ADDRESS OF WORK: A FR DN BALDA TSIAM9 [3] APPLICANt'S NAME Aim 4DD ; <`. LS AREA CODE, / /NL�fy (VOO1%IFRED YV DQD :O? L A VFi 5,91i0A P ZONE: J • VSft) (4] OWNER'S NAME: AD SC• Pc Apy //I,CLS RW :AREA CODE 3F'1'7 ANNE /vyN�/LL LA6UN_A /Vl6 UAL 1 F � PHONe yGQ- p7 1 ,9 /-I'r CR / �3'ysy� (5) CONTRACTOR'SNAME: OFtFSi//� X134/i FiC'IicePhone: /F �EO W0610 /34 1 �/r�✓E /p1�� ikbSitePhone: — 6 APPLICANT HEREBY MAKES APPLICATION 10 LO lv L yj r ✓ �. SLS- h ze ,SEE ATTACHED PLANS) SPECIAL CONDITIONS OF APPROVAL REQUIRED B'i CITv. ') U Locale and pothole existing City -owned utilities (ie.waler, sewer, or street lighting conduits) to verify locations prior to start of any work. Maintain a one -fool clearance over or under eristu,g City -owned utilities. To arrange for inspection of all connections to City Utilities or if a conflict should occur, please contact _ of the Utilities Department 48 hours prior to start of any work at (949) 644- 3011. in iMilion, schen a sevrr r cleanol t is rrr,;rreil, \'(7 ^ or P \r.C. SDR35 °hall be. used with a 4TT box over the clennor,I riser, " ALL UNDERGROUND WORK SHALL BE PERFORMED BY A LICENSED CONTRACTOR" CONTACT "Underground Service Alert" at LEAST 48 Hours in Advance of any excavation at 800-422-4133 // 1Ozs-3� Class (y ] Contractor's Cil License No. BT- 9(!i �%�!17 8 Stair. License No. 191 WORKERS COMPENSATION INSURANCE - CERTIFICATE OF INSURANCE - (Section 3800 Labor Code) ❑ 1 certify that I have a Certificate of consent to self insure., or Certificate of Worker's Compensation Insurance or a Certified Copy thereof. Policy Na:_OOO��DU Company S'7yr--COK>v /1�S-_Fv -- Expiration Date Dale---Applicltj/-- -------._--- -------------------------- Icinnaiurel 1101 CERTIFICATE OF EXEMPTION (Section3800 Labor Code) ❑ 1 certify that in the performance of the wcA ler -Mich this permit is issued, I shag not employ any person in any manner so as to become subject to the Worker's compensation laws of CaMomna. If, after signing this certificale I become subject to the provisions of the Slate Labor Code, I must comply with the provisions of Section 3700, or this permit shall be deemed revoked. Date: Appli.ant_--____--— (9.nall•CI fill CONTRACTOR LICENSE EXEMPTION ❑ 1 am exempt from hiring a Contractor as I am the OVb,UER of the properly and am personally performing all work within the Public right-of-way. Date. S.gnature: (121 HOLD HARMLESS STATEMENT ❑ I understand that I am locating minor encroachments vdfnin the City right-of-way/easement. It is my responsibility as the property owner to maintain the encroachments. I will be responsible for replacing the Improvements if the City removes them for maintenance of utilities or other public need; and I, the property owner shall Indemnity and hold the City harmless for any liability associated with the minor encroachments. Date: Owner Signature: (131 24 HOUR ADVANCE NOTICE IS REQUIRED FOR ALL INSPECTIONS - CALL 949) 644-3311 The terms and conditions of this permit are printed on both sides of [his form. Applicant hereby acknowledges he/she has read and understands said terms and conditions and he/she agrees to abide by them. No work related to this encroachment prrrmlt shall ba performed untif this permit has been issued." Owner or Aulhorized Agent Signnturc, Fac{ Date _%/ NO TREES OR LANDSCAPING WITHIN THE CITY'S RIGHT-OF-WAY SHALL BE PLANTED, REMOVED, OR RELOCATED WITHOUT PRIOR APPROVAL FROM THc GENERAL SERVICES DFPARTN?ENT SPACE BELOW THIS LINE FOR OFFICE USE DEPARTMENT APPROVAL REOLPIRED DATE I SICI Al URE - TITLE 2" } Lc c_L ��n/ ;� t `r 1�L ' I ., Qn CIVA, C/_11 -77 1 PERMIT ISSUED BY: DATE ISSUED: PERMIT DENIED: While - Pennil F,nr. - ie:rxizry Cdl:re (,,,. y Yeilo. - Applicant 5133NS.' � f0 - 4L85 019 (606) SZ9Z6 V�'tltlW l30 tlNOtlO� "CH STiH NiftObt)f Nb5 JOEL -- - 133NS 133.5 31111 - "YN3O Y9 Sb390n f0 ax35v0? t13s53NJx3 ?N..fO.�w 3.W n1Hiu J1s1 J v � ., O lN0 .0 1tOnJ ]�l ]3d5 S N Htw, xC.]� N J35v 3n ], ib. �-.• � b39Uu IO+.btYObr. 3.t 3nY 59 bo ] 3.l NO 03aV]W . 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