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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] 1 of 2 #783340 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 2 of 2 ##783340 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 4783340 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. #783340