HomeMy WebLinkAboutC-4911 - Bayfront Encroachment Agreement for 305 East Bay Front EP98-137RECORDING R'?QI JESTED BY AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92659-1768
Recorded in the County
Gary L. Granville,Clerkk/Recorderlifornia
IIIIIIIIIIII111111III/III//II/IIIJI/I/IIII/I/IIII111111iii//i/i/ No Fee
19980478246 1:43pm 07/24/98
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(Space above this line for Recorder's use only.)
CITY OF NEWPORT BEACH
EA,YFRONT ENCROACHMENT AGREEMENT FOR
305 East Bay Front
(Property Address)
EP98-137
Definitions.
(a)
(b) "LCP" shall mean the proposed Land Use Plan of the Local Coastal
Proc;iram, which the City is now developing.
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"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.
(c) "Permit Zone" shall mean the area bayward of the property line that runs
gelorally parallel to the shore line and within the bayward prolongation of
those property lines that are roughly perpendicular to the bayfront shore
line or. Balboa Island, from the property line to 2'6" behind the back of the
public sidewalk.
(d) "Permittee" shall mean John Kensey, the owner of the property at 305
East 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.
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(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":
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(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, new owner must execute and file Bayfront
Encroachment Permit before 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 (714)644-3311 to arrange for an inspection.
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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 so 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 and shall expire on the 30th of June
following 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 of each year.
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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 disputs3 the validity of this
easement or the City's rights to prevent construction of any improvement in the permit
zone.
6. Termina0on
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.
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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.
r9� i
Dated: [ fq
APPROVED AS TO FORM:
City Attorney
ATTEST:
dAt4t,' /27. de
City Clerk
Dated: Orpt
F:\USERS\PBW\GWOMG\W P51 \AG\KENSEYBI98.DOC
By:
CITY OF NEWPORT BEACH
A Municipal Corporation
"PERMITTEE":
6
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On /WLa 1 % 1 , before me, f2fl to jtfl'71 personally appeared
/fii X4( , p rsonal known to me (or proved to me on
the basis of satisfactory evidence) to e the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged o me that his/her/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)
or the entity upon behalf of which the persons(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary rublic in,:-nd for said State
STATE OF CALIFCRNIA )
ss:
COUNTY OF ORANGE )
Qn 1UVi i( , 1998, before me, - i V. I N1personally appeared
11-01( \i1Vl,014 , personally known to me .Fer—pr-0Wed-to-me-en
t - to be the person(,9 'whose name( is/are subscribed to the
within instrument and acknowledged to me that his/he/hey executed the same in hisIherrtheit'
authorized capacity(ii<, and that by his/her/their signature on the instrument the person)
or the entity upon behalf of which the persons(V acted, executed the instrument.
tU >•�� Emiiy Bayne Leavitt;
� Comm. N1147070
y . ' 4 NOTARY PUBLIC - CALIFORNIA p
2 ti f41; ORANGE COUNTY o
Comm. Exp. July 18. 2001
(This area for official notarial seal)
WITNESS my hand and official seal.
OUAAAA' - („0/1kko-
Notary Public in and for said State
LELANI V. INES
Ccmmss;on 4 1 170960
No -_Ty Carfornia
Orange Co.;nty
my gym. Expires Jan 25: 2002
(This area for official notarial seal)
(P.fomuxrs
EXHIBIT "A"
CITY OF NEWPORT BEACH ENC ACHMENT PERMIT
(Please type or print. Press hard - make 3 a,,.._s)
FOR OFFICE ONLY
. (1) APPLICATION FOR: 0 CURB CUT ❑ SEWER CONNECTION
Permit 8 E.P. 9 9 - l 3 7
(CHECK ONE) 0 STREET EXCAVATION 0 WATER CONNECTION
Amount Fee Paid 5 3 0
0 UNDERGROUND UTILITIES X OTHER:
Receipt it (S 3 4-1 D
(2) ADDRESS OF WORK: 3 0 5 E , g T\-( F rLo N-r
(3) APPLICANT'S NAME
T-Ona TtJPMlet '‘/
ADDRESS:
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ir'+✓rcbQT /L�gL�J G/-)
PHONE: P4c-ea._ l)1 i) -71•r•]S46
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7/4� 7 J
(4) OWNERS NAME:
fONN P Ki5NSEy
,
ADDpR S:,sT ,3,4Y rR,yV.r-
13Ar-6OA ISLav0 , c.A.
PHONE:
(2 AA) 03-6akS-,
(5) CONTRACTOR'S NAME:
T0^n TvAwr4,v ccy+s'rCr/C.-rlCyy
A 4DAESS:w r.,M revs 77�-✓� ,4 u
NE. wFbQr L "i4G/.,r cA
Fi a Pho eK7/L \ 722.-�G /a
one:(--)iy4"7a.r•7-6-.kl0
1
(6) APPLICANT HEREBY MAKES APPLICATION TO: R e puq z.E E riST, WL 3 ' 120'v F---C-ryr r=
WITH •3 wgap rSNLI= A ciZn K . -- xti t✓ F> l,-r- .✓x..... 131 Us ,'VI- F_ Y 16rrrye
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C3QICK PII-A,STS 41./0 RE&' ,5 Orve y /dory 'tvsrFa-T-5 CPe sib
Sr t F/c.TIRr
(SEE ATTACHED PLANS)
SPECIAL CONDITIONS OF APPROVAL REQUIRED BY CITY:
❑ Locale and pothole existing City owned utilities (ie: water, sewer, or street lighting conduits) to verify locations prior to start of any work. Maintain a
one (1) foot clearance over or under existing 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 (714) 644-3011. In addition, when
a sewer cleanout is required, V.C.P. or P.V.C. SDR35 shall be used with a 4TT box over the cleanout 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 1-800-422-4133
(7) CONTRACTOR'S CITY BUSINESS LICENSE NO. 9 i 0 2 7S /p (8) STATE LICENSE NO. l3 1/41RO'q y
(9) WORKERS COMPENSATION INSURANCE
CERTIFICATE OF INSURANCE
(Section 3800 Labor Code)
❑ I certify that I have a Certificate of consent to self -insure, or Certificate of Worker's Compensation Insurance or a Certified Copy thereof.
Policy No.: Company: Expiration Date:
❑ Certified Copy hereby furnished
Dare: Applicant:
(signature)
(10) CERTIFICATE OF EXEMPTION
(Section 3800 Labor Code)
st t certify that in the performance of the work Icr which this permit is issued, I shall not employ any person in any manner so as to become subject
to the Worker's Compensation Laws of California.
If, after signing this certificate I become subject to the Worker's Compensation provisions of the State Lahr Code, I must comply with the provisions of
Section 3700 or this permit shall be deemed revoked.
Date: 5-4- 5fr Applicant:
(signature)
(11) CONTRACTOR LICENSE EXEMPTION
❑ I am exempt from hiring a Contractor as I am the OWNER of the property and am personally performing all work within the Public right'ol'way.
Dale: Applicant:
(signature)
(12) HOLD HARMLESS STATEMENT
Qfi I understand that I am locating minor encroachments within the City right-of-way/easement. It is my responsibility as the property owner to maintain the
encroachments. 1 will be responsible for replacing the impro ents it the City removes them for maintenance of utilities or other public need; and I, the
property o er I demnily and hold the C nless any Iiabjljly ass fated with minor encroachments.
Date: II Owner Signature. K [/
(13) «««< 24 HOUR ADVA OTICE IS REQUIRED FOR ALL INSPECTIONS »»»>
CALL (714) 644-3311
The terms and conditions of this permit ore printed on both sides of this form. Applicant hereby acknowledges that he has read
and understand terms a conditions and that he agrees to abide by them.
ryiv'
OWNE R AUTHORIZE A ENTS SIGNATURE (D TE)
SPACE BELOW THIS LINE FOR OFFICE USE
DEP TMENT
APPROVAL REQUIRED I
DATE SIGNATURE - TITLE
PERMIT ISSUED BY:
DATE ISSUED: EXPIRATION DATE OF PERMIT:
PERMIT DENIED:
While - Permit
Pink - Temporary 0llice Copy
Yellow - Applicant
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