HomeMy WebLinkAboutC-1162 - Bayfront Encroachment Agreement (for 1200 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
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CITY OF NEWPORT BEACH
BAYFRONT ENCROACHMENT AGREEMENT FOR
1200 South Bay Front
(Property Address)
1. Definitions.
(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.
(b) "LCP" shall mean the proposed Land Use Plan of the
Local Coastal Program, which the City is now
developing.
(c) "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.
(d) "Permittee" shall mean Ken Herold and Rosemarie Herold,
the owners of the property at 1200 South Bay Front.
(e) "Policy" shall mean City Council Policy L-6 as approved
by the City Council on January 24, 1994, together with
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all modifications approved subsequent to that date,
including the proposed new policy regarding
Encroachments to the Bayfront right-of-way.
(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.
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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.
(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.
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(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. 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.
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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.
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
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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.
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IN WITNESS WHEREOF, the parties have caused this Permit to
be executed on the day and year first written below.
Dated: 6/9- 9.
APPROVED AS TO FORM:
C'ty Attorney
ATTEST:
Dated: C [ 7
F:\ WP51\GILBERT\AGT\95.105
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
_AS-(7 .)
Mayor
"PERMITTEE":
By:
Ken Herold
BY: 4=-1K- 2--,X /ef f
Rosemarie Herold
7
STATE OF CALIFORNIA
ss:
COUNTY OF @fib
L os 14pile RS
On 4401719S— , 1995, before me, ColiZzet - j ,'ham,-,/DSA
personally appeared Ken por o l d �, .‘ I�SP.�-�..� c ��' o Icy
personally known to me
e. 4 ce) to be the person® whose name® s/: - subscribed to the
within instrument and acknowledged to me that Ai
in h',,s/h*r 4 authorized capacity() , an
signatureb on the instrument the
the same
h s/ i
entity upon behalf
r
of which the
person acted,
WITNESS my hand and official seal.
n
Notary Public-4.n and for said State
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
has executed
that by
person or the
executed the instrument.
COLLEEN MARY MC INTOSH
COMM. # 999429
Notary Public — California
LOS ANGELES COUNTY
My Comm. Expires JUL 11, 1997
(This area for official notarial seal)
On / / , 199 . , before me, /t/a/?C<
persona appeared �_� �'1 r'n /
person }ly known to me (or roved t. me on the basis of satisf'- cry
evidence) to be the persons) whose name "sT' is a e,'subscribed to the
within instrument and acknowledged to me that he/she/t. ey'has executed
the same in his/her/ heir. authorized capacity , and that by
his/her/ill signature, on the instrument the personas��c) or the
entity upon behalf of which the persons sacted, executed the
instrument.
WITNE .my hand and of =1/sea1.
Notary Public in an
F:\WP51\GILBERT\AGT95.VAL
EP-95-86
for s
d State
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Shauna Lyn Oyler
Comm #1002681
NOTARY PUBLIC CALIFORNIAur
ORANGE COUNTY
n
Comm Bxpir•9 Aug 22, 1997
(This area for official notarial seal)
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CITY OF NEWPORT BEACH ENCR._- ..:HMENT PERMIT
(Please type or print. Press hard - make 3 copies)
PermitlE.P. 15 5
Amount Fee Paid $ U' CC,
Receptl 3 6 -7-"7‘
APPLICATION FOR: ❑ CURB CUT 0 SEWER CONNECTION
(CHECK ONE) 0 STREET EXCAVATION 0 WATER CONNECTION
0 UNDERGROUND UTILITIES B -OTHER.
Sewer Fee Receipt i
Water Fee Receipt it
street Permit/
ADDRESS OF WORK: / Z- o o J _ ,QAy,c/e. o NT
APPLICANT'S NAME
�1JcHA�O /R4^�L
o/,g�L- Sri 52o
"' �u 4 ^s
£�,,, �� If�ac. 9 26b p
PHONE:
• %S2.6 3 SAS--
OWNERS NAME:
f�-� //�
ADDRESS: s a/.yf� a,/ Z 66fHONE:
/ B,e3�� /scent
675 • 5 �7 S
CONTRACTOR'S NAME:
X OS 7/7-,4 Zr
ADDRESS:
5>9.r1 G(..g/--z*
Office Phone:
Job Site Phone:
CONTRACTOR'S CITY BUSINESS LICENSE NO. a STATE LICENSE NO.
The applicant hereby
/+.v0 JTEPS.
makes application to //-.f'TA 4— L ,4.47-1 0 W /TN FENC E PLANTE/CJ/
f
co NJrA-vim Cv2Q ,0/Lt*/•✓ /'E'iL rl`TO—/ 84.—L.
(SEE ATTACHED PLANS)
SPECIAL CONDITIONS
/4 Cr 2£---Fif't,
OF APPROVAL REQUIRED BY CITY. CITY co c.",Je / 4 .4 P P2o v.4- L A-NG c N c _
FAJ i -
❑ Locate and pothole existing City lined utilities ('ie: water, sewer, or street
one (1) fool clearance over or under existing City owned utilities. To arrange
please contact of the Utilities Department,
lighting conduits) to verify locations prior to start of any work. Maintain a
for inspection of all connections to City Utilities or if a conflict should occur
48 hours prior to start of any work at (714) 644-3011. In addition, when
a 4TT box over the clearout riser.
a sewer cleanoul is required, V.C.P. or P.V.C. SDR35 shall be used with
•• 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
WORKERS COMPENSATION INSURANCE
CERTIFICATE OF INSURANCE
(Section 3803 Labor Code)
❑ 1 certify that I have a Certificate of consent to self -insure, or Certificate of Worker's Compensation Insurance e a Certified Copy thereof.
Policy No.. Company: Expiration Date
❑ Certified Copy hereby furnished
Dale. Applicant:
(signature)
CERTIFICATE OF EXEMPTION
(Section 3800 Labor Code)
o I certify that in the performance of the work for 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 the certificate I become sublecl to the Workers Compensation provsions of the Stale Labor Code. I must comply with the provisions of
Section 3700 or the permit shall be deemed revoked.
Date: Applicant:
(signature)
CONTRACTOR LICENSE EXEMPTION
o I am exempt from hnng a Contractor as I am the OWNER of the property and am personally performing all work within the Public right-of-way
Dale. Applicant
(signature)
ENCROACHMENT STATEMENT
o I understand That I am locating moor encroachments within the City right-Of-way/easement. II* my responsibility as the property owner to maintain the
encroachments I will be responsible for replacing the improvements if the Cry removes them for maintenance of utilities or other public need; and I. the
property owner shall indemnify and hold the City harmless for any liability associated with the minor encroachments.
Date. Owner Signature:
«««< 24 HOUR ADVANCE NOTICE IS REQUIRED FOR ALL INSPECTIONS »»»>
CALL (714) 644-3311
The terms and conditions of this permit are printed on both sides of this form. Applicant hereby acknowledges that he has read
and understands sad terms and conditions and that he agrees to abide by them.
OWNERS OR AUTHORIZED AGENTS SIGNATURE (DATE)
SPACE BELOW THIS LINE FOR OFFICE USE
DEPARTMENT
APPROVAL REQUIRED I DATE
SIGNATURE - TITLE
I
PERMIT ISSUED
DATE ISSUED:
PERMIT DENIED:
BY:
EXPIRATION DATE OF PERMIT:
White - Permit
Pink - Temporary Office Ccpy
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