HomeMy WebLinkAboutNotice of Application Filing _PostingComrnunity Development Department
·p1ann_ing Permit Application
1 oo Civic Center Drive
Newport Beach. California 92660
1. Check Permits Requested:
q Approval-in-Concept -AIC # 0 Lot Merger
newportbP~i"',.. ... -" · · ·
C02019-017 XP2019-002
PA2019-07 4 for d rt sou\evar
2406 Newpo I Newport Beach
Dolphin Renta __ ....... ~iv,ap J( Coastal Development Permit fflt Limited Term Permit..:
O Waiver for De Minimis Developm~nt O Seasonal O < 90 day -.;,. -..-ucsys -□ Traffic Study
A.4Q 1=:AA-.. ----,.
D Coastal Residential Development D Modification Permit · ~-0 Use ·Permit-0MinorOConditional
0 Condorniraium Conversion D Off~ite Parking Agreement
0 Cornptehenshie Sign-Program D Planned CommunityDevelopmentPlan
D Development Agreement O Planned Development Permit
O OevelopmentPlan O Site Development Review-O Major □ Minor
0 Lot Line Adjustment D Parcel Map
2. Project Address{es)/Asses~or's Parcel. No{s}
I a4o 6 IJL;\JUQotr iu&J ,V0Wfutr. ~0.CHI
0 Amendmentto existing Use Permit
D Variance
□ Amendment -□Code □PC □GP 0LCP 0 Other: --
3. Project Description and Justification (Attach addition.al sheets i_fnecessary):
4. Applicant/Company Name~ J2oLfH ,·,v -~ -flJ~tXt(l IJlbw fb(ti vtll CH i
Mailing Address_/ o~4 4 S 'fil1~1 N fu10JV ·f L d:r J2 40 9 Suite/Unit i ]2 )D 4/
City!.IJ~~v{krt1 ·\J.l6t\(}1 statet f)) __ __.1 Zip\CJii66~1
Phon{Rlf!\]4 {l--~4 3¼ I Fax :__I ---------~/ Emau.r.,..... _______________ _____,;.. ____
5. Contact/Company l\iame ! C[Q.(S'i(:f\!1/ o kg\e,IJJ\ tJ ;2JSS
i 1 AAS-· r-1.AJ<n . ;-,( -nc l .lJ.. J2J l I Mailing Address~ ~ \ i · __ ·'27 t ltt1:.Hv l-q1PN Y s_uite/Unit 141 ~~0'1
City I tJtZvll~oe-r ~__c;}_( State 1 CA t Zip i q~:6b3 1·
Phone :Lf;JJ4 ✓ 39i1w 04 lJ Q ~ Fax!;..._i ---'--'---~--' Email l@ttd-A1Vl7/&5?13b@l,fo:f1'1flll-chi½
6. Owner Name ; Lu ( t ® C(lVl fJ.J\ fz, t;\.}f.J
Mailing Address l /) 14 5 Sr.t «eltt/v "TO&v . Suite/Unit-~
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=· = city i · JJ{wfpti 0 r1il C/d
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7. Property Owner's Affidavit": (I) (We) i :] G fV ,Vi b t}_ A ~ '=q i-1 $ ~ . _ _ i
depose and say that (I am) (we are) the owner(s)-of the property·_(1es) involved m thrs appbcation. {I) (We) further
certify, under penalty of perjury, that the foregoing statements and answel'.'S herein contained and the information s::::s::ubmm:Dcorrect::::;;::;:ed9ea:n:a:7k l21t·, :
. . t ,-...,----~------'--,, DD/MO.IYM .
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Signatl.!re(s): --------------------TitJe: L,_ _____ ___,_ ________________ ; Date· i __ . • _
*May be signed by the "lessee or by an authorized agent if written authorization from the owner ofrecord is filed concurrently with the
application. Please note. the owner(s)' signature for Parcelrrract Map and Lot Line Adjustment Applic;:ation must be notarized.
~!\Users\COD\ShatetllAdinin\Plannirq_DMsi:lil\Applicatlons\.¾JOlicalion_GuidetinesiP!annilig Pennit Application -CDP added.do:;x Rev; 01/24/7 7
PA2019-074
To: Newport Beach Planning Division
Requesting for II Zoning Compliance Letter 11
Name of the Business: Dolphin Rental Newport Beach
Amount of employee : 1
Dock location: 2406 Newport blvd. Newport Beach, 92662
Office Location: 2115 Sherington Pl #D104, Newport Beach, 92663
Boats available:
1989 Duffy 20' (Fiberglass) VIN# DAFFD2065G989 / BOAT NAME: THE FREEDSTER II
1994 Duffy 21' ( Fiberglass ) VIN # DFFD10678494 / BOAT NAME: 19TH HOLE
2005 Electracraft CAT 16' ( Fiberglass) VIN # LDHF0473K405 / BOAT NAME: NO NAME
Hour of operation:
We will be operating Monday thru Friday from 9:00AM to 6:00PM.
Business Activity :
We will be running a Electric boat rental in this location where my clients will cruising the boat by
themselves thru the harbor. 15 minutes before the departure , we will explain all the harbor
safety regulations and let them know about all other precautions and limitation about area where
they are and are not permitted to cruise. In this 15 minutes course the designated captain read
and sign our agreement. A map of the harbor will be provided also .
All boats are equipped with GPS tracking system which will make the rental experience safer.
Our goal is to provide the best experience possible to our clients.
PA2019-074
Marina Slip Rerrtal Agreement (Temp)
DlPG Newport lLC Peninsuia Kitchen
2406 Newport Blvd, Newport Beach, CA 92663
DATE: ______ 3-...... 1-___ 1 ___ 9 _______ _ SLIP#: __ 3 _______ _
"VESSEL":Naine: Duffy 18 Duffy 21 Manufacturer: Duffy Boat Co.
Length Overall: 40' Draft: ___ 3 __ Sail or Power: P
U.S. Coast Guard Offidal #( or) State Reg#: : CF2931SK CF0778KH
"VESSEL OWNER(st: Name(s}: Dolphin Rental Newport Beac:h
Name(s): Lucero Marino
l\lame(s): ___________________ -__________ _
Address: _.....,_,;;;2=1=15 __ S~h.;..;;:e __ rr ___ in..._.g=to;.;.:n __ #.;.D=10;:;...;4,.._· ___ _;,,___ __
(NamedVESSELOWNER must be registered or docurnentedowner or managing partner of the VESSEL)
Home Phone: _______ Cell:.. 424 3087727
Email: Fernandez336@hotmaiLcom
EMl:RGENCY CONTACT (otherthanvessel owner listed)
Name: Cristiano Fernandez
Address: same
Home Phone1 -----------"---' Cell: 949 433 6554
Work: __ _
Work: ___ _
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PA2019-074
This SUP RENTAL AGREEMENT (11Agree111ent''} is entered into on the date stated above (the "Effective
Date"), between DPG Newport LLC / Peninsula Kitchen and Bar and the-above named VESSEL OWNER,
with reference.to the above~mentioned sliporvessel mooring (the "SPP") attheMarina {the,"MARINA")
operated by DPG Newport LLCatthe above stated address andVESSEL OWNER may be referred to
herein, collectively as the "Parties" and individually as a "Party', subject to the terms and conditions of
this Agreement, VESSEL OWNERagtees to lease the SUP from DPG.
DPG agrees to let the SUP t9 VESSEL OWNER. Further subject to the terms and conditions ofthis
Agreement/VESSEL OWNER's use of and interest in the SLIP shall be limited to VESSEL OWNER's
moorage of and access to the above described VESSEL
rERMS AND CONDITIONS
1. TERIVI
A. Initial Term. This isa TWELVE (12) month agreement. The initial Term of this sup Rental Agreement
shall commence on the Effective Date (May 12019) and it shall terminate on the last day of April 2020.
B~MonthlyTerm Extensions~ Upon expiration of the Initial Term, the Term.of this Agreement shall
extend for successive period$ of one (1} calendar month each ("Monthly Term Extensionsh) unlessnotke
is given by either party as provided herein. The Term of this Agreement shall be understood to be the
Initial Term, as extended by all Monthly Term Extensions. Monthly term extensions subject to DPG
receiving monthly slip fee payments as described below.
2.RENT
A. Due Upon Execution. Immediately upon execution of this Agreement, VESSEL OWNER shaH paythe
following sums to : DPGNewport LLC
i. Security Deposit: 2000.00 currently on deposit with DPG Newport LLC
ii. First month's {May 2019} Rent hi the amount of .._$2 __ 0 ___ 0 ___ 0 __ .o __ o _________________ _
Further, upon execution of this Agreement, VESSEL OWNER must provide proof of insurance; as
specified in Section 6 herein.
B. lVlonthlV Rental Payments~ Beginning on the first (1st) day ofthe month which immediateJyfollows
the Effective Date of this Agreement, and continuing forthe first (1st) dayofeach month throughoutthe
Term ofthis Agreement, VESSEL OWNER shall pay Monthly Rental Payments {"Rent") to DPG Newport
LLC, for the rentaJofthe SLIP., in the amount of$2000.00 permonth. Such Monthly Rental Payments
must be received on or beforethefifth {5th} day of each calendar month throughout the Term of this
Agreement.
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PA2019-074
IMG 3505.JPG Page 1 of 1
II
C. Timely PaymentofRent. VESSEL OWNER hereby acknowledges and agreesthat latepaymentby
VESSEL OWNER to DPG ofany Rent fortheSLIPWill causeto incuradministrativ~ costs not
contemplated irt agreeing to terms of this Agreementj the exact amount of whic:h .costs are presently
difficult and impractical ascertain. Accordingly, the Patties agree thatto compensate for any such late
Rent payment, VESSEL OVVNER shall immediately pay to DPG a late charge.equcil to ten percent (10%Jof
any Rent payment which is not received by on or before the fifth {5th} day ofeach calendarmcmth in
which sµth Rent payment is due. Acceptance of such lcite charge shall neither constitute a waiver of
VESSEL OWNER's default with respect to such overdue amount nor prevent DPG from exercising.any
other rights and remedies granted herein or by law to DPG.
3. TERMINATJON
A~ Termination by VESSEL OWNER. VESSEL OWNER mayterminate this Agreement by providing written
notice to DPG on or before the fifth (5th} talendarday of any Monthly Term Extension which it wishes to
terminate the Agreem~ntas ofthe Jast day ofthemonth.
B. Termination by DPG For Cause . .DPG may terminate this Agreement for cause if VESSEL OWNER
violates any terms or conditions of this Agreement or its incorporated obligations f'DefauJtl') by
providing ten (10) days written noticetoVESSEL OWI\JER. lfthe Default is.not curetj within sud, time,
VESSEL OWNER must remove the VESSEL from the SLIP prior to the encl of the notice period. In the
event VESSEL OWNER does not timely removethe VESSEL,. DPG rnay act, as provided in Section 4 below.
iL Not for Cause. DPG retains the righttotermrnate this Agreement withoutcause, atanytime, upon
twentyfive(25) dayswritten·notice to VESSEL OWNER. In such case,.any prepaid fees, charges, or
expenses shall be prorated and any surplus returned to VESSEL OWNER, and VESSEL OWNER shall
remove the VESSEL by the termination· date so noticed. Nothing in this section shall waive ahy other
right of DPG. under this Agreement, at law, equity or admiralty.
4. REMOVAL
If VESSEL OWNER fails to r~move the VESSEL and equipmentfrorn the SLIP upon the termination or
expiration ofthis Agreement, and after providing noticeofsame, DPG shall be entitled to:
i. RemovetheVESSELandstore or re-dock the VESSEL at any location in anycomrnerdally reasonable
manner, all atthe sole expense of VESSEL OWNER, and until all charges and fees owed to DPG are
brought current;
ii. Charge VESSEL OWNER a daily rental fee (the Monthly Rental Payment divided by 10) for so long as
the vessel remains in the SLIP; or
iii. Exercise any other rightDPG shall have at law, admiralty, or equity.
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PA2019-074
Action taken by PDG in furtherance ofany of the above remedies shall not preclude DPG from taking
action in furtherance of any other remedy.
5. ACKNOWLEDGMENT OF GOVERNING DOCUMENTS
VESSEL OWNER acknowledges and agrees to be bouncl bythe Slip Tenant Rules and Regulations,which
are attached hereto as Exhibit A and specifically incorporated herein by reference.
6. INSURANCE
VESSEL OWNER agrees to keep VESSEL fully insured against loss by reason of fire, marine and collision
risks, and shall include protection & Indemnity coverage for thefull Termofthis Agre~ment. The
insurance policy or policies shall nameDPG LLCand Peninsula Kitchen and Bar as an additionalinsured,
and fully insure DPGand Pehihst.H~ Kitchen and Bar from any and all liability from loss, injury, or
damages to a person or property sustained while in or on the MARINA facilities or premises, and the
fac:Hities and prernisesof thatwhich are adjacent to the MARINA.
VESSEL OWNER shall provide a copy of such. inst.1ra11ce toDPG immediately upon execution ofthis
Agreement, and shall provide proof of renewal upon the expiration of any po Hey term.
VESSEL OWNER,·if rentihgone of the three.(3).large.boat slips in theMARINA,tenant agrees to procure
liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence.
7. EMERGENCIES
In case ofemergency, DPG shall have the rightbut not the obligatibntomove ·the VESSEL; if possible.
lfthe VESSEL is unattended and the VESSEL OWNER cannot be reached. Howev¢r, under no
circumstances is DPG under any obligation to providethis servjce. Costs incurred by DPG shall be billed
to VESSEL OWNER atthe then prevailing rates in the local harbor atea.
VESSEL OWNER agrees to indemnify and hold harmless DPG LLC/ Peninsula Kitchen and Bar from all
liability, loss, or damage caused by or to the VESSEL VESSEL OWNER shall be solely responsible for any
emergency.
8. USE OF DOCKS; NO COMIVJEIKIAL USE OF VESSEL; NO LIVE~ABOARDS
VESSEL OWNER agreesthatonly reasonable, recreational and city pennitted use will be made of docks
and facilities covered hereby, that no unnecessary wear and tear, disturbance, nuisance, rubbish or
garbage will be permitted on the docks or premises,anci that VESSEL OWNEftwiU keep docks and
premises free and clear of geari tackle, and other obstructions. All waste materials are to be bagged and
placed in an appropriate receptacle outside of the MARfNA. VESSEL OWNER further agrees that the
VESSEL shall not be used for any commercial purpose without a city permit or as a residence for any
person while VESSEL is in the MARINA.
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PA2019-074
9. SLIP ASSIGNMENT SUBJECTTO CHANGE
VESSEL OWNER understands that the SUP which has been assigned to the VESSEt pursuantto this
Agreement is not a permanent or guaranteed assignment VESSELOWNl:Rfurther understands that
DPG may, at its sole discretion, assign a new slip to the VESSEL at any time during the Term of this
Agreement by providingwritten notification of a Notice ofSHp Re-Assignment to VESSEL OWNER. In the
event of such Notice of Slip Re-Assignment, VESSEL OWNER agrees that:
t VESSELOWNERshall movethe \fESSELto its new slip assignmentwithinseven (7) daysofthedate of
Notice of Slip Re-Assignmeht. lfVESSELOWNERfails to move the VESSEL withinsuchseven-day {7)
period, VESSEL OWNER agrees that DPG may move the VESSELto its new.slip assignment. During such
move, VESSEL OWNER agrees to. hold DPG harmless for all property damage or injury allegeqto '1ave
arisenduring or caused by such move; and
ii~ All references in this Agreernenttothe "SLIP'1 shall be understood to refer to any appropriate slip in
the MARINA that has fJeenassigried to the VESSEL, and, except as oth~rwisestated., any reassignment of
slip number shall have no effect on the obligationst9 the Parties as stated herein.
10. SUITABILITY OF THE MARINA
VESSEL OWNER acknowledges thc1t he/she has examined the MARINA and found itto be acceptable for
all purposes relating to the moorage ofthe VESSEL VESSEL O\NNER fµrther acknowledges that DPG
makes no representation or guarantee concerning suitability of tlle MARINA forthe VESSEL including but
not limited to, the depth of the water in the MARINA, ~he continuity ofefectrical power attheS_UP, or
physical condition of the MARINA docks.
11. VESSEL MAINTENANCE
VESSEL OWNER shall cause the VESSEL to be maintained in a clean, orderly, and seaworthy condition at
all tjmesthroughoot the Term of this Agreement. VESSEL OWNER rnay conduct repair or maintenance
work on the VESSEL if such work does not interfere. With tights of other VESSEL OWNERS or ofNBT. Any
outside or independent contractor{s) used by VESSEL OWNER mustbe insured under a comprehensive
gerieral liability insurance policy, includingworkers' compensation insurance, and such contractor must
first be approved of by DPG.
12. NO SUBLEASING
VESSEL OWNER may not sublet the SLIP, and shall not moor any boat in the SUP otherthan the VESSEL
Any boat moored in the SLIP without authorization may be rernoved and placed in storage atVESSEL
OWNER'ssole expense, and alien placed againstsaidboatfor costs involved.
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PA2019-074
13. NO BAILMENT
VESSEL OWNER agrees thatthis is an agreementfor rental use of the facilitie~ of the MARINA slip only,
and is not a bailment agreement.
14. OELINQUENCYAND DEFAULT
Upon any Default DPG shall provide notke (a "Notice of Default} to VESSEL OWNER of the nature of
such Default andthesteps required to cure, If VESSEL OWNERfails to curesuth Default withinten (10)
days ofthe date of such Notice of Default, may, in its sole discretion,. (i) terminate this Agreement, (ii}
enforce its remedies at law, equity; and/or admiralty, inducting without limitation, entry upon and
reposses~ion of the SLIP and all appurtenclnCes thereto, by forcible entry, detainer suit, or otherwise, (iii)
remove the VESSEUrom the>SLIP {including any personal property located thereint and (iv) make any
required repairs to the SUP; with all risk of lossbelonging solely to VESSEL OWNER; and with no liability
to DPG, and with. all costs of storage, work, and repair being deemed to be included as Rent under this
Agreement.
15. INDEMNITY
VESSEL OWNER, and its successors and assigns, shall indemnify, defend and holcl harmless DPG. /
Peninsula Kitchen and Bar and its successors and assigns from and against all dc1ims of any others
owners of property or vessels arising outofany use of the MARINA, and further agrees to be responsible
to DPG for damage caused to the MARINA or any other property belonging to NBT, for any reason.
16. MISCELLANEOUS
A. Nptices Except as otherwise provided herein all payments, notices ancl d.e111ands under this
Agreementshall be given in writingahd delivered by courier, facsimile, or United StatesMailtothe
Parties' respectiVf? addresses as listed in the:AgrE!ement or to the individual Party in person wherever
they may be found;
B. Governing Law, Attorney's Fees and Venue The validity; interpretation and performance of this
Agreement shall be controlled by and construed underthe laws of the State of California, County of
Orange, is the location in which this Agreementis deemed to be executed. In the event that any
provision herein in any way c::ohtravenesthe laws of the Sti:lteof California, that provision shall be
deemed not to l:>e part of this Agreement and the remaining provisionsto remain infuHforte and effect.
should any Party incur any costs whatsoever to enforce or prevent the breach ofany provision herein,
induding but not limited to judicial or non-judidal action~ or any action for declaratory relief, the non-
prevailing Party ofsuch a-ctionshall paytothe other Partyor'Parties all costs,'expenses, and attorney's
fees incurred related in any way to such action.
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PA2019-074
C~ No Wahler Failure by either Party at any time to require performance by the other Party, orto claim a
breach of any provision of this Agreement, or to exercise any remedy; will not be construed as c1 waiver
of any right pr remedy·accruing under this Agreement, nor prejudice either Party withregardto any
subsequent actio11.
D~ Arbitration. Any controversyorclaim arising out of orrelating to thisAgreement orthe breach
thereof, shall be settled by arbitration, conducted in Orange County, Californial and administered by
American Arbitration Association under its Commercial Arbitration Rules. Judgment on the aw:ard
rendered by the arbittator{s}may be entiered in any court havingjurisdictionthereof.
ARBITRATION PROVISION APPROVED BY VESSEL OWNER: L C/er-(h\itials]
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17. NON-RECORDATION
The Parties agree that this Agreement does not constitute an interest in real property and it shall not be
recorded.
18, RECEIPT OF AGREEMENT AND KNOWLEDGE OF TERMS
The Parties hereto each acknowledge that they have read and that they fully understand and agree to
all of the terms and conditions of this Agreement before signing, and that they have received a copy
upon execution by ali Parties.
(Printed Name) (Date)
(Signature) (Printed Name) (Date)
~orMarii1£k
(Signature)
U_____ (l'_vl V1_~ _6___,.;..~___,,_~_V/_1 I ~(t,
( Printed Name} {Date)
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PA2019-074