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HomeMy WebLinkAboutN2011-0271Description: RETAIN EXISITING 2 PILASTERS, GATE AND WALKWAY IN PUBLIC ROW. Parcel #: Legal Desc : N TR 1501 LOT 18 Owner: WOOTERS DAVID S J I Phone: - �o ��'�lp Phone: 714-345-9371 Address : 20442 BAY VIEW AVE Address : 491 62ND ST Paid : $853.00 NEWPORT BEACH, CA NEWPORT BEACH CA 92663 Total Water Meters: City of Newport Beach Public Works Department Permit No: M2011-0271 JENKINS CONSTRUCTION 3300 Newport Blvd, Newport Beach, CA 92663 Public Works & Inspection Requests (949) 644-3311 Utilities Inspection Requests (949) 644-3011 Job Address: 20442 BAY VIEW AVE NB Thomas:Guide: 889E2 Description: RETAIN EXISITING 2 PILASTERS, GATE AND WALKWAY IN PUBLIC ROW. Parcel #: Legal Desc : N TR 1501 LOT 18 Owner: WOOTERS DAVID S Contractor: JENKINS CONSTRUCTION Phone: 0 Phone: 714-345-9371 Address : 20442 BAY VIEW AVE Address : 491 62ND ST Paid : $853.00 NEWPORT BEACH, CA NEWPORT BEACH CA 92663 Total Water Meters: $0.00 Contractor State Lie: 901221 Applicant: JENKINS CONSTRUCTION License Expire : 07 31, 2013 Phone: 714-345-9371 [ Refundable Deposit: Address : 491 62ND ST $0.00 NEWPORT BEACH CA 92663 Business License : BT30015872 Adjustment: $0.00 Business Expire : 07 31, 2012 Special Cond.: PLAN CHECK # 2413-2010 Workers' Compensation Insurance - - ENCROACHMENT AGREEMENT REQUIRED. Carrier: STATE FUND Policy No : 1956466 W. C. Expire: 10 20, 2011 Permit Processing Fee : $0.00 Sewer Connection : $0.00 Total Fee $853.00 Agreement Fee: $853.00 4TT Box Cover: $0.00 Paid : $853.00 Traffic control Plan Check : $0.00 Total Water Meters: $0.00 Balance : $0.00 Inspection Fee : $0.00 Water Meter Connection : $0.00 Receipt No: Refundable Deposit: $0.00 Total Water Meter Box: $0.00 Street Tree Fee : $0.00 Adjustment: $0.00 Processed By : Date: _/_/_ Other Department: Date Utilities Approval : Date: _/_/_ Permit Denied Date : _! Traffic Approval : Date : _/_/ Issued Permit : Date l! General Services Approval : Date: _/_/ t'm i TERMS AND CONDITIONS OF ENCROACHMENT PERMIT Encroachment Permits may be taken out by the owner of benefited property or a licensed contractor. A licensed contractor must provide a "Letter of Authorization" to allow another party to pull a permit. An approved copy of the permit and construction plan shall be kept at the job site at all times. Work, which has been done prior to issuance of a permit, is subject to rejection/fine. City reserves the right to void permit if work does not commence within 30 days after date of issuance. I The Permittee agrees to defend, indemnify and hold the City, its authorized agent, officers, representatives and employees harmless from any responsibility, liability, suit or action of any description arising out of any accident, loss or damage to persons or property occurring as a result of work undertaken under this permit. All work shall be done in accordance with the approved plans, Standard Special Provisions and Standard Drawings of the City of Newport Beach, and in compliance with all applicable State laws and City ordinances. Permittee guarantees all work performed under this permit to be free of hidden and latent defects. Any failures shall be corrected within two weeks after notification to the satisfaction of the Public Works Director. A valid State licensed contractor must perform all construction within the public right-of-way, unless waived by the Public Works Director. A valid State Contractor License Class A can perform any work in the public right-of-way. For construction or connection to water lines a valid State Contractor License Class C-34 is required. For construction or connection to sewer lines a valid State Contractor License Class C-42 is required. All trenching and/or resurfacing shall conform to City Standard 105-L for parkway/roadway and City Standard 140-L, in the alley, where a minimum half -alley width resurfacing shall be provided, unless otherwise directed by the Public Works Dept. Contractors shall obtain permits to perform excavation or trench work from the California Division of Industrial Safety prior to commencing underground construction as required by State law. Walls and faces of all excavations over 5 feet in depth shall be protected by a shoring system, sloping of the ground, or other equivalent means. Trenches less than 5 feet in depth shall be guarded when hazardous ground movement may be expected. The Public Works Department Inspectors must inspect all work in the Public right-of-way. Forms and subgrade must be inspected and approved before concrete is ordered/poured. Sewer, pipelines, and subgrade construction must be inspected and approved before backfilling, or applicant may be required to excavate site. Separate inspections by the Municipal Operations Department may be required depending on scope of work performed. All trench restoration must be inspected by the Public Works Department. No utility installation(s) shall be allowed over or within 5 feet of any City utilities, unless approved by the Public Works Department. Locate and pothole existing City -owned utilities (ie: water, sewer, or street lighting conduits) to verify locations. Maintain a one -foot clearance over or under existing City -owned utilities. Sewer cleanouts require VCP or PVC SDR35 be used with a 4TT box over the riser. Properly lighted barricades must be provided and maintained around all trenches, excavations and obstructions. All signs, flags, lights and other warning and safety devices shall conform to the requirements of the current "Manual of Warning Signs, Sights and Other Devices for the Use in Performance of Work Upon Highways", issued by the California Department of Transportation. If needed, barricades can be obtained from the City at a charge of $10.00 per barricade per day, with a minimum charge of $35.00. It is the responsibility of the applicant to place barricades to protect the general public. Access to fire hydrants must be maintained at all times. Work within or near beach sensitive areas will not be allowed during, City holidays, spring break, Memorial Day weekend, summer between June 15 and September 15, and during the holiday season from December 19 to January1, unless approved by the Public Works Department. Any work that extends into traffic or parking lanes and impedes the normal flow of traffic requires the applicant to acquire a Temporary Street Closure Permit from the Public Works Department. Access for fire, police and emergency vehicles must be maintained at all times. Traffic Control must be per Work Area Traffic Control Handbook (WATCH). No nighttime traffic lane closures, unless prior approval has been granted. Any lane(s) closure on a major street will only be allowed between 9:00 a.m. and 3:00 p.m. (Monday thru Friday), unless approved by the Public Works Department. Any work affecting the State Highway's traffic or within the State Highway right-of-way will require a Caltrans Permit. All vehicles shall be lawfully parked. This permit does not authorize the closure of sidewalks, streets, or alleys for construction access, storage of materials, or parking of construction vehicles unless detailed on an attached Temporary Street Closure. Applicant must notify USA at 1-800-227-2600 2 days before starting any underground construction. Applicant must notify all affected residents 24 hours in advance of restricted access and any inconveniences. Refuse or unused materials shall be removed within 24 hours after completion of the work. If not removed, the City may remove and bill the applicant. Coordinate alley closures with City's refuse pick-up days by calling 949-644-3066 for the collection schedule so service is not interrupted. To place a dumpster or materials in the public right-of-way, a Temporary Street Closure Permit must be obtained from the Public Works Department. WORKER'S COMPENSATION INSURANCE (S ctior 38 if Labor C2�dde) I certify tha I have a Certificate of consent to s�elf!inst m,,' ertificat� F Worker's Comp a on In urance, or a Certified Copy er f. Fate: f' Signature: I I certify that in the performance of the work under this permit, I shall not employ any person so as to become subject to California Worker's Compensation Laws. If, after signing this certificate I become subject to the Worker's Compensation provisions of the State Labor Code, I must comply with the provisions of Section 3700 or this permit shall be deemed revoked. Date: Signature: CONTRACTOR LICENSE EXEMPTION As the Owner of the benefiting property, I certify I am personally performing all work in the Public Right -of -Way. Date: Signature: HOLD HARMLESS STATEMENT I understand that I am locating minor encroachments within the City Right-of- Way/Easement. As property owner it is my responsibility 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. I shall indemnify and hold the City harmless for any liability associated with the minor encroachments. Date: Signature: 24-hour notice for Encroachment Permit 12 1. In spe rgri, quired by calling Public Works at 949-644-33ITIALS: �-..J 15. All above ground facilities shall comply with the Municipal Code, including but not limited to Chapter 13.20. 16. Homeowner, contractors, and subcontractors may each be liable for violations of Water Quality Laws. Best Management Practices will be enforced. It is against the law to discharge construction debris into the gutter and storm drain. Felony violations of Water Quality Laws are punishable by fines up to $25,000 and/or up to three years in State prison plus the full cost to clean up an illegal discharge or spill. 17. if a refundable deposit was paid, applicant must submit a Soils Compaction Certificate or Evidence of a Slurried Backfill and request a final inspection from the Public Works Department. Monies may be held for six months after final inspection before a refund will be processed. 18. No trees in the public right-of-way shall be planted, removed, trimmed, or relocated without approval from the Municipal Operations Department, Parks and Street Trees Division. 19. All work in the public right-of-way must meet the approval of the Public Works Department or corrections will be required (i.e. removals, exposing connections, etc.). Additional inspection fees may be required. 20. Permit is for standard materials in the public right-of-way only, unles yeviously approved by Public Works and an Encroachment Agreement has been pro sett. 21. Permit is valid for "description" of work noted on fir nly. dc�d"ional work performed may require issuance of a separate permit and/or ddil ee PROJECT ADDRESS: goqw, 15aw voo me. DETAILED DESCRIPTION OF PROPOSED WORK: a w(I APPLICANT: ,%in K Im jPhone: l3q5-- q3-11 Email Address: Mailing Address: City/State/Zip: OWNER: lPhone: Email Address: Mailing Address: City/State/Zip: NT� ag"T, t-. LzC R,9 -42 JF.P,R N "R14 I', Xf M 9T ,,jPI . . . ...... CONTRACTOR: OffjCG Phone: Comwy-(if di erent): Jobsite Phone: Z - -( Other Phone;C7 -TC(-S-- 27 71 Email Address: Mai Pg Address: City/State/Zip: 4-7- St� e License Number & Class: t3Expires: City Business License Number: Expires: WORKERS COMPENSATION INSYgANCE - Certificate of Insurance (Section 3800 Lab" Code) Expires: Company: Policy No: z. Vj/II -Ix- q�� r REFUNDABLE DEPOSIT INFORMATION (IfApplicable): Refund Payable To. Mail Refund To: Special Conditions of Permit: GPI 0 Gh V-YA) rdF(A f &'YT)gY11 Utilities: General Services: Traffic: 0Fire: Other: Engineering Techician; sexil tk-hi Public Works Specialist: LINLI Dat o 11 I Permit No. N2011-'A-1t Uu so rs/pbw/s hare d/re croa c Wen as le es/epwofasha at, As Public Works Department 949-644-3311 3300 Newport Boulevard, Newport Beach, CA 92663 CITY •gip PU6LIQWPRKS_q;EPMT ees Are Non -Refundable Unless Otherwise Stated PROJECT ADDRESS: (� PERMIT NUMBER: 2011 Water Meter Boxes: APPLICANT: f , 1fl � "1�.P 5 E 5200-5029 For Parkway & Sidewalk Area (Box + Cover = Cost) 'T BE '��t NPl T D'B .:PUBL R D - ';ARTME 5200-5015 Permit Processing Fee: Qty. Inspection Fee: Qty. Public Works Only $229.008 2: Meter: 21.00 + 21.30 $42.30 5200-5027 Public Works Field Inspection $146.00 $857.00 5200-5027 Other Department $302.00 $'1,505.00 5200-5027 Utilities Field Inspection $188.00 $2,505.00 5200-5028 1" Meter: 17.60+30.80 $48.408 TBD General Services Inspection $146.00 Street Easemt/Vacation Fee /+too%of My over 4 hrs) 2" Meter: 21.00 + 120.00 $141.00 1 Agreement Fee: Preparation of Report/Agreement $853.00 Document Recordation Fee $198.00 Monitoring Wells $469.00 Refundable Deposit: Improvements Street/Alley/Walk Closure: $52.00 Sewer Connection Fee Traffic Control Plan Check 4TT Box & Cover x 11" $52.00 24" x 24" x 36" $132.00 Additional I THE FOLLOWING ITEMS REQUIRE APPROVAL FROM THE®®R' I REVENUE DIVISION PRIOR TO PAYMENT OF FEES 1AI TBD= TBD= $250.008 250.008 $51.20 +enue Division I oroval: IWater Meter: Connection Charge: $160.00 '3/4" Meter $145.00 buaget Numner Water Meter Boxes: 1 " Meter $210.00 5200-5029 For Parkway & Sidewalk Area (Box + Cover = Cost) 11 1/2" Meter $390.00 5200-5015 1" Meter: 17.60 + 13.80 $31.408 $3,305.00 12" Meter $505.00 $354.00 2: Meter: 21.00 + 21.30 $42.30 5200-5027 1 13" Meter $857.00 5200-5027 Final Parcel Map Checking Fee - Complex 14: Meter $'1,505.00 5200-5027 For Traffic & Alley Areas (Box + Cover = Cost) 1 16" Meter $2,505.00 5200-5028 1" Meter: 17.60+30.80 $48.408 TBD 1 Im_-__-=-_-_-_-_-_-_==-_®_®_-=-=n=."t=®=®®®=®®®I Street Easemt/Vacation Fee /+too%of My over 4 hrs) 2" Meter: 21.00 + 120.00 $141.00 1 Engineering Tech: tdty. buaget Numner Certificate of Compliance Fee (+ioo°i, of hrly over 3 hrs) $273.00 CITY OFNEWPORT BEAC+t'? 5200-5029 Development Services Fee TBD 5200-5015 Final Tract Map Checking Fee $3,305.00 5200-5026 Final Parcel Map Checking Fee - Simple $354.00 5200-5027 Final Parcel Map Checking Fee - Moderate $2,176.00 5200-5027 Final Parcel Map Checking Fee - Complex $3,305.00 5200-5027 Lot Line Adjustment Fee $1,032.00 5200-5028 Park Dedication Fee Zone TBD 4310-470 Street Easemt/Vacation Fee /+too%of My over 4 hrs) $931.00 5200-5031 Street Tree Fee ($700 Planting Fee) TBD 030-2284 __..®..®..®..®.__.®..®..®..®..®..®..®__®..®..®_. rn.�=........ .. Engineering Tech: TotalAmount Due: For Fina ce _se only kl CITY OFNEWPORT BEAC+t'? lic Works Specialist: /% re Receipt No. r 5 _ R Y7 �'t C/i f Check a License - License Detail - Contractors State License Board s DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law t6&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number 901221 Extract Date: 9/15/2011 JENKINS CONSTRUCTION 504 CANAL STREET Business Information NEWPORT BEACH, CA 92663 Page 1 of 2 __,... Business Phone Number:(714) 345-9371 --- ..._._... _............ ..I.._.... ................. Entity; Sole Ownership Issue Date 07/31/2007 Expire Date 07/31/2013 License Status This license is current and active. All information below should be reviewed. Additional Status: CLASS DESCRIPTION Classifications: B GENERAL BUILDING CONTRACTOR Bonding: CONTRACTOR'S BOND This license filed Contractor's Bond number SC1044852 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 03/02/2009 Contractor's Bonding History This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:1956466 Workers' Compensation: Effective Date: 10/20/2010 Expire Date: 10/20/2011 Workers' Compensation History Personnel List 2 19'-3" (g5'ul 4� IFS) (95 i i i 20'-0" ZONING— ET TO i FACE/FINISH i i STONE PIERS «'4 WOOD GATE W' i I Z' (E) STONE WALK W� �j j i i � (E) ROLLED GURB AND GUTTER W� I i J i I i i i STAiJDAP-7 wlr CP—E7 E 5s®EWALK ( E) WM ata° wyv)f � PROPERTY LINE .....e..—.....—..—.._.._.................... ... .......... ... ........................ NEW 220 S.F. p NEW A: ADDITION i 9 /A 2% NEW 2' HIGH GMUGARDEN E3 I WALL RAISED ' PLANTER -SEE d SECTION 1/A-3 -' p � .._, .'..._JAI —"` �4.. ns'i•.' -- i �I (E)TURF Fy~'aPJrr Eiji pti r13 f PIA ` REALIGN EXIST'G �'• STONE WALK TO nl I EW FRONT PORE I �0 I i (E) GONG 61 DRIVEWAY ie ?/A (E) TURF OWNER: Wooters ADDRESS: 20442 Bay View Ave p j L Newport Beach, CA 92660 20'-O" Exhibit "A" Sheet 1 of 1 N2011-0271 cm k�mt} 44 X22 k$��k�7: $�k& [ x r � : $ � U ki E 2 I I F 111 16, -91 lub .71 14 cz RP --- AL I I F 111 16, -91 RealQuest.com ® - Report Page 1 of 1 Property Detail Report It CQreLiigjic' For Property Located At RealQuest, Professional 20442 BAYVIEW AVE, NEWPORT BEACH, CA 92660-0710 Owner Information: Owner Name: WOOTERS DAVID S Mailing Address: 20442 BAYVIEW AVE, NEWPORT BEACH CA 92660-0rl DTR Phone Number: Vesting Codes: Location Information: Legal Description: N TR 1501 LOT 18 County: ORANGE, CA Census Tract/ Block: 630.09/1 Township -Range -Sect: / Legal Book/Page: / {� Legal Lot: 18 Legal Block: Style: Market Area: I Neighbor Code: Owner Transfer Information: Recording/Sale Date: 10/29/2001 1 1 011 9120 01 Sale Price: Document#: 762772 Last Market Sale Information: Recording/Sale Date: 11125/1 98 0 1 Sale Price: $145,000 Sale Type: FULL Document M 13849-6D7. Deed Type: DEED (REG) Transfer Document #: New Construction: (1) Title Company: Lot Area: Lender: PEOPLES S&L ASSN Seller Name: 0602120288H Prior Sale Information: Prior Rec/Sale Date: 11/25/1980 / Prior Sale Price: $114,500 Prior Doc Number: 13849-606 Prior Deed Type: DEED (REG) Property Characteristics: Gross Area: 1,167 Parking Type: Living Area: 1,167 Garage Area: Tot Adj Area: Garage Capacity: Above Grade: Parking Spaces: Total Rooms: 5 Basement Area: Bedrooms: Bath(F/H): Year Built / Eff: Fireplace: # of Stories: Other Improvements: Site Information: Zoning: Flood Zone: Flood Panel: Flood Panel Date: Land Use: Tax Information: Total Value: Land Value: APN: Alternate APN: Subdivision: Map Reference: Tract #: School District: Munic/Township: Deed Type: 1st Mtg Document* 2-A1 / 89-E2 1501 tEW ORT MESA GRANT DEED 1st Mtg Amount/Type: $11,5001 CONV 1st Mtg Int. Rate/Type: / 1 at Mtg Document #: 1/ 2nd Mtg Amount/Type: / 2nd Mtg Int. Rate/Type: / {� Price Per SgFt: $124.25 Multi/Split Sale: Style: Prior Lender: Prior 1st Mtg Amt/Type: / Prior 1st Mtg Rate/Type: / GARAGE/C A R PO RT C o n st ru cti o n: Heat Type: Exterior wall: Porch Type: Patio Type: 3 Finish Bsmnt Area: Pool: POOL & JACUZZI 1/ Basement Type: AirCond: 19531 Roof Type: Style: I Foundation: Quality: 1.00 Roof Material: Condition: SINGLE FAM Acres: 0.19 County Use: RESIDENCE (1) X Lot Area: 8,322 State Use: 0602120288H Lot Width/Depth: 60 x 138 Site Influence: 02/18/2004 Res/Comm Units: / Sewer Type: SFR Water Type: $455,096 $210,926 Improvement Value: $244,170 Total Taxable Value: $448,096 Assessed Year: 2011 Property Tax: $5,192.34 Improved%: 54% Tax Area: 07189 Tax Year: 2010 Tax Exemption: HOMEOWNER 2911-02�1 J IOW 05/01/2007 14:12 FAX A / V 1 THE WOOTERS FAMILY TT Dated October ff, RUS prepared by George T. Mooradian, Esq. Baker &: Hostetler LLP 600 Anton Boulevard, Suite 65'�j Costa ]Mesal CA 92626 74/966-8800 ® 200L Baker & Hostetler LLP m. UV1/UU6 11-7n 11,12"I l 05/U1/2UU7 14:12 PAA M H F MR 1 R 11 r 1 WJVV❑/VVL 'Heirs Wtla 3ge.c be -c' -Me erziceed to or vested with any ir.4.ereseM = der .h®s Trust Agreemanr. The TRUSTEE is hereby authorized itaster- _ expense of the Trust eat,te any violation to to HOtwhstanding the foregoing a " this contest" shall aiction described aboae In an arbitration a Nproceeding NOT include any action described above solely ime ,_ preceded by n a. the filing of a contest with the court. .I'V WrIIWESS WHtREOF, we have signed this Agreeroe: t , ttae day and year first above written. DAV— ID WO 8hS//D. n _ IN A r W TF S DAVID S. WOOTERS ad LINDA L, SETTLORS n foregoing Trust as of the WOOTERS hereby acce date hereinabove writt... the D • IA S . WdOTERS W00'ERS Trustees as aforesaid Public Works Department City of Newport Beach Post Office Box 1768 Newport Beach, CA 92658-8915 Space above Recorded in official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIIIINIII�lllaillllllllllllllllllillllllllllllltlllllillllllll 27,00 201100051554510:16 am 10117111 47412Ai2$ 00 21.00 0.00 0.00 0.00 0,000.000. 000. use ENCROACHMENT AGREEMENT (EPN2011-0271) THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this 15th day of September, 2011, by and between David S. Wooters and Linda L. Wooters, Trustees of The Wooters Family Trust established October 19, 2001 ("Owner"), and the City of Newport Beach, California, a California municipal corporation organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California, ("City"). WITNESSETH: WHEREAS, Owner is the vested owner of property located at 20442 Bay View Avenue, Newport Beach, California 92660 and legally described as Lot 18 of Tract 1501, as shown on a map recorded in Book 50, Page 16 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, County Assessor's Parcel Number 439-042-11 ("Property"). WHEREAS, Owner desires to construct certain non-standard improvements as further described herein ("Permitted Improvements") within the Bay View Avenue right- of-way (hereinafter "Right -of -Way") that is located adjacent to the Property. WHEREAS, said Permitted Improvements may interfere in the future with City's ability to construct, operate, maintain, and replace City and other public facilities and improvements within Right -of -Way; and WHEREAS, the parties hereto desire to enter this Agreement providing for fulfillment of the conditions required by City to permit Owner to construct and maintain said Permitted Improvements. NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that Permitted Improvements shall be defined as: a. Two 24 -inch square, three-foot high pilasters constructed of grey flagstone pavers encroaching up to two feet into the public right-of-way; b. A 3'/z -foot wide wooden gate encroaching up to two feet into the public right- of-way; c. A variable width entry walkway with widths from 3 '/Z feet to 7 '/2 feet constructed of grey flagstone pavers encroaching up to 7' 9" into the public right of -way; d. Various private low -growing groundcover and landscaping encroaching up to 7' 9" into the public right-of-way and appurtenances as shown on EXHIBIT "A" attached hereto and as approved by the Public Works Department. In addition, if any of the Permitted Improvements actually built or installed during the time of construction vary from the Permitted Improvements approved herein, such variations or changes must be approved in advance by the Public Works Department and shall be shown on the "As Built" plans. 2. City will permit Owner to construct, reconstruct, install, maintain, use, operate, repair and replace said Permitted Improvements and appurtenances incidental thereto, within a portion of Right -of -Way, if in substantial conformance with the plans and specifications on file in the City. City will further allow Owner to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 3. Rights granted under this Agreement may be terminated by City with or without cause and at any time without notice. The City shall make good faith efforts to provide notice (60) days in advance of termination specifying in said notice the date of termination. City shall incur no liability whatsoever in the event of the termination of this Agreement, or subsequent removal of improvements by City. 4. Owner and City further agree as follows: a. Owner may construct and install Permitted Improvements and appurtenances incidental thereto, in substantial conformance with the plans and specifications on file in the City's Public Works Department, and as described on Exhibit "A" attached hereto. b. Owner shall maintain the Permitted Improvements in accordance with generally prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require Owner to maintain, replace or repair any City -owned pipeline, conduit or cable located in or under said Permitted Improvements, except as otherwise provided herein. C. If City or other public facilities or improvements are damaged by the installation or presence of Permitted Improvements, Owner shall be responsible for the cost of repairs. Encroachment Agreement Page 12 d. That should City be required to enter onto said Right -of -Way to exercise its primary rights associated with said 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 Permitted Improvements, as required, and in such event: (i) City shall notify Owner in advance of its intention to accomplish such work, provided that an emergency situation does not exist. (ii) Owner shall be responsible for arranging for any renewal, replacement, or restoration of the Permitted Improvements affected by such work by CITY. (iii) CITY agrees to bear only the cost of any removal of the Permitted Improvements affected by such work by CITY. (iv) OWNER agrees to pay all costs for the renewal, replacement, or restoration of the Permitted Improvements. 5. In the event either party breaches any material provision of this Agreement, the other party at its option may, in addition to the other legal remedies available to it, terminate this Agreement, and, in the event the breaching party is Owner, City may enter upon the Right -of -Way and remove all or part of the improvements installed by Owner. Termination because of breach shall be upon a minimum of ten (10) day notice, with the notice specifying the date of termination. In the event of litigation, commenced with respect to any term of condition of this Agreement, the prevailing party shall not be entitled to reasonable attorneys fees and costs incurred. 6. Owner shall defend, indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (when outside attorneys are so utilized), regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the design, construction, maintenance, or continued existence of the Permitted Improvements. 7. 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. Encroachment Agreement Pager 13 8. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 9. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 10. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 11. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 12. Owner shall at Owner's own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 13. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. Encroachment Agreement P a g e' 14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE TH CITY ATTORNEY Date: By: Le ulvihill, Assistant City Attorney ATTEST- Date: By:_�(`r 0 r Leilani Brown, City Clerk CITY OF NEWPORT BEACH, a California Municipal corporation Date�,ics� By: L Da�iid Kiff, City Manager r OWNER'-': Date: 1. David S. Wooters, Trustee The Wooters Family Trust I I< Date: ct— I q.-- I I The Wooters Family Trust Owners must sign in the presence of notary public ATTACHMENTS: EXHIBIT A—Plans as approved by Public Works knb-20051userslpbwtsharedl1-encroachlrow agreements120111n2011-0271 - 20442 bay view ave (wooters family trust).doc& 21.10 Encroachment Agreement P a g e 15 CALOFORMOA ALL-PURPOSE ACKNOWLEDGMENT State of California County of G ,,' t // `_ t'N OnL` T,06 51-9.0 iefore me, / '! Date Here Insert Name and Title of the Office, personally appeared Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the personwhose nameK) is//� p subscribed to the within instrument and acknowledged to me that he/*e/tNy executed the same in L. HARRIS his/` r/"ir authorized capacity(Os), and that by Comml;;ion o 104o1 ao his/ F Ir signature on the instrument the Notary Public - California personK, or the entity upon behalf of which the ilPanfle CanFNy M Comm. E Ines 0.ef 12 1 person($` acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESSmy han nd official seal, Signaturel� �----------- Place Notary seal and/or Stamp Above/y qNASignalme of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual FI Partner—❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: a' Top of thumb here ❑ Corporate Officer — Title(s): ❑ Individual 0 ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 82008 National Notary Association -9350 De Soto Ave., P.O. Bo% 2402•Chatswodli 91313-2402•v .Nationalslotary.org train #5907 Header: Call Toll Free 1-800-8766827 State of California County of OMMGt=- }ss. On 1111-011 Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the persoi-(o whose nameW is/are subscribed to the within instrument and acknowledged to me that he/ executed the same in his/her� authorized capacity(aes), and that by his/heftheif signatures(aj on the instrument the person( -g), or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Viw CATHERINE M. PATEL Commisslon # 1053920 z Notary Public - California z Orange County n My Comm. Expires Jun 13, 2013 N (seal) ACKNOWLEDGMENT State of California County of npkol;irE, ) ss. On ft, otk before me, Notary Public, personally appeared L1mtA L. ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a' is/aye subscribed to the within instrument and acknowledged to me that +ve/she/" executed the same in his/her/the r authorized capacity(i&,�), and that by hislher/their signatures(s) on the instrument the person(&), or the entity upon behalf of which the person(4acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i Signature 16) CATHERINE M. PATEL Commission # 1853920 z ;:ffi Notary Public - California z (seal) " Orange County My Comm. Expires Jun 13, 2013 Encroachment Agreement Page 16 101-3:: / �(9 b 4� FL) ! i i 20'-0" ZONING— I SETBACK TO i FACE/FINISH i i (STONE PIERS 04' WOOD GATE ----- ! (3,t2, WIDE W' 1 Z ! (E) STONE WALK W i f (E) ROLLED 3 i CURB AND GUTTER W! i i i ! Ci STAOPA2-D CDN612-ET E siDEwALK ( E) WM 30' J\9 s$a�clu�d c�re� 5id�laaK PROPERTY LINE _... ............ ._,._.._.._.._.._.._.._.._....F.._.._.._........................ �9 I NEW 226 S.F, O EC NEW A: ADDITION J ' 2 -- 2'---f i PtA 2 o- _ -- Al NEW 2' HIGH GMU GARDEN WALL RAISED PLANTER —SEE SECTION 1/A-3 I N t r(V I m PIA O s (E) TURF c�1j r I r I "� ld? OI z��Ygqsi �ls�.. t i REAL:FRONT EXIST'Gz¢' nl i STONE V EW PORG1 " ^l ( E) GONG Is� 61 ; DRIVEWAY Z 1 Lit �MYF] �l Lit ( E) TURF OWNER: Wooters PSA i ADDRESS: 20442 Bay View Ave Newport Beach, CA 92660 20-0" Exhibit "A" Sheet 1 of 1 N2011-0271