HomeMy WebLinkAboutC-9272-3 - Bill of Sale (Balboa Marina West - Public Docks) (201 East Coast Highway)BILL OF SALE
(Public Dock Improvements Within Tidelands Adjacent to Balboa Marina)
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, THE IRVINE COMPANY LLC, a Delaware limited liability company
("Company"), hereby transfers and conveys to the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), all of Company's right, title and interest in and to
the structures and other improvements constituting the public dock facilities (collectively, the
"Public Dock Improvements") located within the portion of State tidelands held in trust and
maintained by the County of Orange, depicted on Exhibit A attached hereto. The Public Dock
Improvements, which are attached to and a part of a larger public dock facility that will be conveyed
by Company under a separate instrument, are described on Exhibit B attached hereto.
This Bill of Sale is executed in accordance with the terms of that Conveyance Agreement
between Company and City dated April 25, 2023 ("Agreement's.
Company does hereby covenant that it is the lawful owner of the Public Dock Improvements,
that Company has good right to transfer and convey the same, that the Public Dock Improvements
are free of monetary liens (mechanics, materialmens, or other) and encumbrances, and that Company
will warrant and defend the title thereto unto City, its successors and assigns, against the claims and
demands thereon with respect to any work performed by Company prior to the date of this Bill of
Sale.
In conjunction with this Bill of Sale, Company shall assign or transfer to City all bonds,
guarantees, and warranties obtained by Company for the Public Dock Improvements.
City hereby accepts the Public Dock Improvements and acknowledges and agrees that the
Public Dock Improvements shall be the sole property of City, and City shall have the obligation to
operate, maintain and repair the Public Dock Improvements.
[Signature Page Follows]
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The persons executing this Bill of Sale on behalf of Company and City warrant that (a) they
are duly authorized to execute this Bill of Sale on behalf of the party for whom they sign and (b)
ownership of the Public Dock Improvements shall be vested in City upon execution of this Bill of
Sale and acceptance and recordation of the Offer of Dedication, Public Walkway Dedication, and
Easement Deed, in accordance with the Agreement.
THE IRVINE COMPANY LLC, a Delaware
limited liability company
By:
Roger
ivision President
Corporate Business Properties
By:
,��
sti Kim
Vice President
Finance & Administration
CITY
CITY OF NEWPORT BEACH,
a California municipal corporation and charter
city
By: A� /_��
4ra_c_.Leung 61)
Manager
ATTEST:
Un
City Clerk
APPROVED AS TO FO
By:
A on C. arp
i Attorney
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EXHIBIT A
DEPICTION OF THE STATE TIDELANDS
--------------
Newport
Bay
Lino of Mean High 11do
par (RI)
NW comer of Lot A
Trarl No, 5361
NW'LY line of Lot /
Lino r Moan I'llghTido
(-Tide and Submerged Lands (R2) L8 per (Tl� 1)
VS, Plerhead Line LOT A S'Ly One of
par(Rl)--- L5,--, I -Tract No. 536 1
M)
Z'
P
Station No. 11 (Rl), —"-�P'o B �- —L2
Line of Moan High T
per (Rl)--- ETA I L'(N.T.S.)
Ta
U.S. Bulkhead Line
0,
lx per (RI)
F7-0611 -
7
Tract No, 5361
M,M, 190 147-48
all i
1\187"W,il r "I"
Station No. 11 (Rl)
—Sl:
Plorhoad Lino
per (R I)
Line of Mean High Tide
per (RI)
OC PUBLIC WORKS ID#2016-074
OC SURVEY SCALE: V = 80'
RIGfir-OF-WAY SERVICES
FROJECT: LOWER NEWPORT BAY (HP
N'LY line of Lot A
Tract No. 6361
LOT 3 _I'— I
LINE TABLE
LINE
BEARING
DIST.
Ll
S 08'14'30" W
31.69'
L2
8 87 '18-31 " W
5 5, 9 4'
L3
N 08'14'30" E
49,06-
L4
N 24"66;66;-g
56.15'
L6
N 8 7"18'31 " E
61.50'
LB
S 24"66'00" W
105. 18'
24" W
66,03!
LB
S 311, W
0.501
L9
1 N 24-66'00" E
66.03'
LIO
I N 87'18'31" E
61.50'
REFERENCES:
(RI) w Tract No. 6361, M.M. 190 / 47-"
(132) = Book 651 Pago 72 of Deeds
EXHIBIT B
Shunt i of 1
LEASE AGREEMENT
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i
The Public Dock Improvements are a part of a dock system constructed by Company and specifically
consist of the portion within the State tidelands as depicted in the foregoing Exhibit A. The overall
public dock system consists of a concrete floating dock system that provides recreational berthing for
up to a total of twelve (12) twenty -foot (20-ft) length equivalent vessels. The Public Dock
Improvements do not include a separate private dock area that is connected and located adjacent
thereto. Relevant construction items of the overall public dock system include the following:
1. Concrete floating dock system with approximately 1,995 sq. ft. of floating dock area,13 ea. —
20-inch diameter precast concrete octagonal guide piles, and 400 sq. ft. of aluminum access
gangway area.
2. Site utilities consisting of low-level lighting provided by bollards mounted to the floating
dock surface and fire water for use for fire protection.
3. Typical amenities to facilitate docking operations including mooring cleats, timber rub -strips
and vinyl bumpers, ADA lift mount for davit insert, and a safety ladder and life ring.
The following additional utilities are provided for the exclusive use by the private slips connected to
and located adjacent to the Private Dock Improvements and are thus not part of the Public Dock
Improvements: potable water and electrical shore power systems. While these utilities are attached
to the Public Dock Improvements, they simply transit from the landside, down the access gangway,
along the public dock, and terminate at the private slips.
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