HomeMy WebLinkAboutC-1871 - Encroachment Agreement (for 400 South Bay Front)RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92659-1768
1.
Recorded in the county of Orange, California
Gary L. Granville,
IIII II MIII II II IIIII 11111 11111 11 11 11 1 1111 Clerk/Recorder NoFee
19960538930 10 ; 46am 10/24/96
008 9014362 09 30
Al2 8 7.00 21.00 0.00 0.00 0.00 0.00
(Space above this line for Recorder's use only.)
CITY OF NEWPORT BEACH
BAYFRONT ENCROACHMENT AGREEMENT FOR
400 South Bay Front
(Property Address)
Definitions.
OCT 30 w,,
(a) "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.
(f)
"LCP" shall mean the proposed Land Use Plan of the
Local Coastal Program, which the City is now
developing.
"Permit Zone" shall mean the area bayward of the
property line that runs generally parallel to the shore
line and within the bayward prolongation of those
property lines that are roughly perpendicular to the
bayfront shore line on Balboa Island, from the property
line to 2'6" behind the back of the public sidewalk.
"Permittee" shall mean Vic Sherreitt and Bea Sherreitt,
the owners of the property at 400 South Bay Front.
"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.
"Public Works Director" shall mean the Public Works
Director for the City of Newport Beach or his designee.
1
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":
(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.
2
(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.
Permittee shall allow the Public Works Director, or
designee, to inspect improvements within the Permit
Zone during normal business hours without notice to
Permittee.
(i)
(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. 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.
3
(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.
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.
4
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 dispute the
validity of this easement or the City's rights to prevent
construction of any improvement in the permit zone.
6. Termination
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.
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.
5
IN WITNESS WHEREOF, the parties have caused this Permit to
be executed on the day and year first written below.
CITY OF NEWPORT BEACH
A Municipal Corporation
Dated: /D//,S/�(L By:
APPROVED AS TO FORM:
ATTEST:
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City Clerk
Dated:
Dated:
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F:\ WP51\GILBERT\AG\bi96.doc
"PERMITTEE":
By:
is S erreitt
6
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF ORA 1v6
On CctObe - 4, 1C ,10
M.A. kvi-t itNy
personally appeared v IC, Sherrel H co ? e he "rel it
, before me,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(A)
whose name( subscribed to the within instrument and acknowledged to me that .l./she• f
ih executed the same in lam/-# their; authorized capacity(ies), and that by their;
signature(s) on the instrument the person(), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
M. A. 4A4i ITN EY i
!�. ii9 i122
NO`.A Y i-UBLIC
OHANCE COUNTY 2
My Comm. Expires Dec.20, 1996
Lii)Signature �• cl, (Seal)
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,2)Qaci,,L6t
viv2.6hgnaft"
ES 184 (4-94)
STATE OF CALIFORNIA )ss.
COUNTY OF ORANGE )
On ��7 /��1996 , b9fore me, Shauna Lyn Oyler personally appeared
#de'/ T7ur/2/y Ca personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/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 person(s) acted,
executed the instrument.
WITNES my hand and official seal.
Notary Public in and fo(s id Sta
Shauna Lyn Oyler
Comm #1002681 ^^
NOTARY PUBLiC CALIFORNIA! I
ORANGE COUNTY n
So- Comm Expires Aug 22. 1997 -A