HomeMy WebLinkAboutC-5300 - Bayfront Encroachment Agreement EP99-276 for 1710 South Bay Front0
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RECORDING REQUESTED 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 Official Records, County of Orange
Gary Granville, Clerk -Recorder
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CITY OF NEWPORT BEACH
BAYFRONT ENCROACHMENT AGREEMENT FOR
1710 South Bay Front
(Property Address)
EP99-276
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. In addition, the proposed
PERMITTED IMPROVEMENTS may vary at the time of construction.
Hence, any changes must be approved by the City Engineer and shall be
on shown on the "As Built" plans.
(b) "LCP" shall mean the proposed Land Use Plan of the Local Coastal
Program, ‘Aihich 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 approximately 7.7' behind
the back of the public sidewalk.
(d) "Permittee" shall mean Diane D. Hurst, the owner of the property at 1710
South 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
(f)
subsequent to that date, including the proposed new policy regarding
Encroachments to the Bayfront right-of-way.
"Public Works Director" shall mean the Public Wor'!,._ 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 9,) days of the Newport
Beach City Council's adoption of the new poliuf 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 Enc -,achment Agreement,
a sketch of the improvements within the encroac' l lent zone on Bayfront
Encroachment form (Exhibit "B") and pay any required annual fee per City
Council Policy L-6.
(c) Upon sale of property, the new owner must execute and file a Bayfront
Encroachment Permit before the 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 C; :y 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 r ty.
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 (949) 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 removed, the City may
remove the materials and bill the applicant.
5. Work which has been done prior to issuan'; , 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.
(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 st of each year.
2. In order to construct new improvements or modify existing
improvements within the Permit Zone, Permittee must pay
Ercroachment 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 Encroachm,-:,11 Permit constitutes a
waiver on the part of the Permittee and all successors to di:.l ute 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 preru lid, 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.
IN WITNESS WHEREOF, the parties have caused this Permit to be executed on
the day and year first written below.
Dated:
01 /7
APPROVED AS TO FORM:
City Attorney
ATTEST:
didO-YouL ??) • All
City Clerk
f:\users\pbw\gwong\wp51 \ag\H U RSTEP99-276B I. doc. rtf
CITY OF NEWPORT BEACH
A Municipal Corporation
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By: 1-�
CityVX11
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"PERMITTEE":
ON)
Diane D. Hurst
STATE OF CALIFORNIA )
COUNTY OF ORANGE
On JlA l /1�/V-1 'f) 1999, before me, wl 6�( ��) V I �S
personally appeared itV;� li- ki1Ai' L , P Y e' of atI-
I
krowra-ta.ma(or proved to me on the basis of satisfactory evidence) to be the person (j whose name(,
isiarc subscribed to the within instrument and acknowledged to me that he/she/they- has executed the
same in his/her/their authorized capacity(4es)-; and that by his/her/their signature(s-on the instrument the
person(s) or the entity upon behalf of which the person acted, executed the instrument.
ss:
WITNESS my hand and official seal.
1 c=4))
\,
Notary Public in and for said State
STATE OF CALIFORNIA )
ss:
LEILANI V. INES
Commission # 1170960 z Nota
ry Public - California
Orange County
My Comm. Expires Jan 25, 2002
(This area for official notarial seal)
COUNTY OF ORANGE )
On -I' 21'10 1999, before me, k4 `aV1 1 V. I1 u/a
personally appeared .- 'Y)C,r t'.V0(1ta(4 Avi() 1,1VOVIVIC. AvILI•St) , personally
known to me (or proved to me on the basis of satisfactory evidence) to be the persor 'J,whose nam s),
4s/are subscribed to the within instrument and acknowledged to me that ,he/s-he/they has executed the
same in hi-el-her/their authorized capacityQ ))and that by hi,/hcr'their signaturea»on the instrument the
person or the entity upon behalf of which the person acted, executed the insln,:ment.
WITNESS my hand and official seal.
-44u. c�
Notary Public in and for said State
LEILANI V. INES
Commission # 1170960 f'
Notary Public - California
Orange County
My Comm. Expires Jan 25, 2002
(This area for official notarial seal)
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CITY OF NEWPORT BEACH ENCROACHMENT
(Please type or print. Press hard • make 3 r-'-,I
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INEMZEMECTSMI
Permit / E.P. 9 '-76".'
(1) .APPLICATION FOR: ❑ CURB CUT ' 0 SEWER CONNECTION
{ (CHECK ONE) 0 STREET EXCAv,., ION 0 WATER CONNECTION
0 UNDERGROUND UTILITIES 0 OTHER:
Amount Foe Pald $ �•.> 7J.
Receipt ! 2. /F Z 7 7
(2) ADDRESS OF WORK: 1-T 1t) . Z. pay F Ot-) T
(3) APPjJ ANTSNAME fl
t7gfr Cox
ADDRESS: 92.6Z7
/249 LAS y9>&ic/11s. !fl2
PHONE
9y9j G yS 930/
FAS E
0�� �.�vHsfi
I,DDRESS
I7/a S. S �>�-
771'.---757--/97
(5) CONTRACTORS NAME
11-ErF 'Cox
�
ADDRESS: y24 -7
f2/9 CABS +Ie(fr45 %in•
Odoi Pho 9y9 - '/ 92 i
Job Site Phw,x /y • (O&k77y'
(6) APPLICANT HEREBY MAKES APPLICATION T0: RegjnDvtg" O,(/S7,ry e p(..M J7a71 r AO -A -A r '
`J /3RICK Pi97/D 4?" k•Clin4r LrLes-097/2)^/ rp-S' airy 'r ,S/,-)4F 4-41-Z /L -
[a/ 9 * w /D C P -Fr JTdr- S?R/p ,
(SEE ATTACHED PLANS)
SPECIAL CONDITIONS OF APPROVAL REQUIRED BY CITY: J N C - A. G*rt-M 'T - P E2 C. C, P our ay
❑ Locate and pothole existing City owned uti1lies (le: water, sewer, or street righting conduits) to verily locations prior to start of any work Maintain a
one (1) foot clearance over or under existing City owned utlities. To arrange for inspection of all connections to City Utilities or 1 a conflict should occur
please contact of the Utilities Department, 48 hours prior to start of any work al (714) 644-3011. In addition, when
a sewer deanout 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
9 R 414.3 OF ANY EXCAVATION AT 1-800-422-4133
(7) CONTRACTOR'S CITY BUSINESS LICENSE NO.,5EE "Q7-rjtt-AD REY•E/P7 (8) STATE LICENSE NO.13 015 q4/ b 7.7 8
(9) WORKERS COMPENSATION INSURANCE
CERTIFICATE OF INSURANCE
(Section 3800 Labor Code)
❑ I may that I have a Certificate of consent 10 self -Insure, or Certificate of Workers Compensation Insurance or a Certified Copy thereof.
Policy No.• Company Expiration Date:
❑ Certified Copy hereby furnished
Date: Appricas
(signature)
(10) CERTIFICATE OF EXEMPTION
(Sadao 3800 Labor Code)
Ef I ceAiy that In the performance of the work for whkh this permit is Issued, I shal not employ any person N any manner so as to become subject
to the Workers Compensation Laws of Cardomia.
1, after signing this cerlliicale I become subject to the Workers Compensation provisions of the Slate Labor Code, I must comply with the provisions d
Section 3700 or this permit shall be deemed revoked.
Date:7-/3 --99 Applicant' CV
(signature)
(1 1) CONTRACTOR LICENSE EXEMPTION
0 I am exempt from hiring a Contractor as 1 am the OWNER of the property and am personally performing all work within the Public right-of-way.
Date: Applicant:
(signature)
(12) HOLD HARMLESS
0 !understand that 1 am locating mhor encroachments wlhln the City
encroachments. I w8 be responsible for : • - I, the Improvements
proper( owner 1 emrdfy and , •r • the C y :r , it for .
rDale QWnerSig aturp:
STATEMENT
tight-d•way/ asement. 1 Is my responsid'tlty as the property owner to maintain the
1 City emoves them for maintenance of unties or other public need; and I. the
r r t with the mhor oachments.
(131
The
< 4'HOUR DVAN E s IS
CALL (714)
terms and conditions of this permit are printed on both
understands said terms and conditions and that ha agrees to abide
E U E L INSPECTIONS »»»>
644-3311
sides of this form. Applicant hereby acknowledges
by them.
that he has read
OWNER OR AUTHORIZED AGENTS SIGNATURE (DATE)
SPACE BELOW THIS LINE FOR OFFICE USE
DEPARTMENT
APPROVAL REQUIRED
DATE
SIGNATURE - TITLE
PERMIT ISSUED BY:
DATE ISSUED: EXPIRATION DATE OF PERMIT:
PERMIT DENIED:
White • Permit
Pink • Temporary Office Copy
Yellow . Applicant
x H/13I r "A rr