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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 07/24/98 005 29006862 29 57 Al2 9 6.00 24.00 0.00 0.00 0.00 0.00 1. (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. fb 5" "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. 1 (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": 2 (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. 3 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. 4 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. 5 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: �l7 p Ava'sTrvx I.vSTEre y vF ir'+✓rcbQT /L�gL�J G/-) PHONE: P4c-ea._ l)1 i) -71•r•]S46 3.2r c, / 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 l 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 0 111 c z Vi ••••••;•,i,i -Tif I I' ir • :jHHI 11 I!