HomeMy WebLinkAboutC-5656 - Revocable License Agreement for Temporary Use of City PropertyTHIS REVOCABLE LICENSE AGREEMENT FOR TEMPORARY USE OF CITY
PROPERTY ( "License ") is made and entered into as of this 22 "d day of October, 2013
( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ( "City"), and CHARLES KING CO., INC., a
California corporation ( "Licensee "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of the
City.
S. City is the owner of real property in the City of Newport Beach located at 3300
Newport Boulevard in the City of Newport Beach, County of Orange, State of
California and further depicted in Exhibit "A" ( "Premises').
C. Licensee is Charles King Co., Inc., a California corporation. Licensee has been
retained by the Orange County Sanitation District ( "OCSD ") to complete the
Balboa Trunk Sewer Project ( "Project "), which is a major sewer infrastructure
rehabilitation project in the vicinity of the Premises.
D. Licensee has requested that it be allowed to use a portion of the Premises
depicted in Exhibit "B" ( "License Area ") for temporary parking of vehicles and
placement of a construction office trailer.
E. On October 22, 2013, the City approved Limited Use Permit No. XP2013 -005
(PA2013 -200), attached hereto as Exhibit "C," authorizing the use of the
Premises as Licensee's temporary field office and contractor yard for up to ninety
(90) days to complete the Project.
F. City Council Policy F -7 provides that the City may allow its unused property to
generate revenue and as a means to provide otherwise unfeasible uses and
facilities to benefit the community.
G. City would like to assist OCSD complete this major sewer infrastructure
rehabilitation project in a timely manner and with little disruption to the traffic
circulation in the area. City and Licensee, therefore, desire to enter into this
Agreement to allow Licensee to use the License Area on a non - exclusive basis,
subject to the covenants and conditions set forth in this Agreement in order to
facilitate the Project.
REVOCABLE LICENSE AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH
C,
AND CHARLES KING CO., INC. FOR
TEMPORARY USE OF CITY PROPERTY
THIS REVOCABLE LICENSE AGREEMENT FOR TEMPORARY USE OF CITY
PROPERTY ( "License ") is made and entered into as of this 22 "d day of October, 2013
( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ( "City"), and CHARLES KING CO., INC., a
California corporation ( "Licensee "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of the
City.
S. City is the owner of real property in the City of Newport Beach located at 3300
Newport Boulevard in the City of Newport Beach, County of Orange, State of
California and further depicted in Exhibit "A" ( "Premises').
C. Licensee is Charles King Co., Inc., a California corporation. Licensee has been
retained by the Orange County Sanitation District ( "OCSD ") to complete the
Balboa Trunk Sewer Project ( "Project "), which is a major sewer infrastructure
rehabilitation project in the vicinity of the Premises.
D. Licensee has requested that it be allowed to use a portion of the Premises
depicted in Exhibit "B" ( "License Area ") for temporary parking of vehicles and
placement of a construction office trailer.
E. On October 22, 2013, the City approved Limited Use Permit No. XP2013 -005
(PA2013 -200), attached hereto as Exhibit "C," authorizing the use of the
Premises as Licensee's temporary field office and contractor yard for up to ninety
(90) days to complete the Project.
F. City Council Policy F -7 provides that the City may allow its unused property to
generate revenue and as a means to provide otherwise unfeasible uses and
facilities to benefit the community.
G. City would like to assist OCSD complete this major sewer infrastructure
rehabilitation project in a timely manner and with little disruption to the traffic
circulation in the area. City and Licensee, therefore, desire to enter into this
Agreement to allow Licensee to use the License Area on a non - exclusive basis,
subject to the covenants and conditions set forth in this Agreement in order to
facilitate the Project.
H. In consideration of the mutual promises and obligations contained in this
Agreement, the receipt and sufficiency of which is hereby acknowledged, City
hereby grants to Licensee the revocable right to temporarily occupy and use the
License Area, and Licensee accepts the same on the following terms and
conditions.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
itl�L�7 =(a
City grants a non - exclusive license ( "License ") to Licensee for the term of this
Agreement for Licensee to use the License Area, which is approximately ten thousand
square feet (10,000 sq. ft.) in size, for a temporary field office and contractor yard. The
License granted herein is subject to the terms, covenants and conditions hereinafter set
forth, and Licensee covenants, as a material part of the consideration for this License,
to keep and perform each and every term, covenant and condition of this Agreement.
2. USE OF THE LICENSE AREA
Licensee's use of the License Area shall be limited to the terms of this
Agreement.
3. PERMITS AND LICENSES
Licensee, at its sole expense, shall obtain and maintain during the term of this
Agreement, all appropriate permits, licenses and certificates that may be required by
any governmental agency including Licensor.
4. TERM
The term of this License shall commence on October 22, 2013, and continue for
ninety (90) days unless terminated earlier as set forth herein.
The City Manager may renew this License for additional ninety (90) day terms if it
is determined that (i) that the terms of the agreement have been met; (ii) a Limited Term
Permit, as defined by the City's Zoning Code, has been approved and its term has not
expired; and (iii) the use by Licensee is not causing any negative impact on traffic
circulation, parking, or surrounding properties and uses. Any renewals approved
pursuant to this Section 5 must be in writing and approved as to form by the City
Attorney for the City.
6. LICENSE FEE
Charles King Co., Inc. Page 2
Licensee shall pay the City Three Thousand Dollars and 001100 ($3,000.00) per
month ( "License Fee ") which amount shall be due and payable on the first of each
month (the "Due Date "), commencing on November 1, 2013. If Licensee fails to pay the
License Fee within thirty (30) days of the Due Date, Licensee shall pay a late charge in
an amount equal to ten percent (10 %) of the amount that was not timely paid by the
Licensee.
7. THE PURPOSE OF THIS LICENSE
7.1 The purpose of this License is to provide for the temporary use of the
License Area within the Premises. Use of area outside the License Area will not be
allowed unless prior permission is given in writing by the City. Licensee agrees to use
the License Area only for the activities described herein, and not to use or permit the
use of the License Area for any other purpose without first obtaining the prior written
consent of City, which consent may be withheld in City's sole discretion. Acceptable
activities include:
7.1.1 Placement of a commercial office trailer and portable restroom facility.
7.1.2 The temporary parking of vehicles and equipment.
7.1.3 Installation of fencing consisting of a 6- foot -high chain link fence and
installation of a gate to provide City access to the Premises.
7.1.4 Storage of Project materials including storm water protection materials,
temporary asphalt, piping, traffic control devices, steel plates, trailer mounted pumps,
generators, crew trucks, and street sweepers.
7.1.5 Licensee must maintain a valid Limited Term Permit for all activities in the
License Area during the term of the License.
7.1.6 Licensee must comply with all conditions for the Limited Term Permit
XP2013 -005, attached hereto as Exhibit "C," and the special conditions, which are
attached hereto as Exhibit "D" and are all incorporated herein by this reference.
8. CONDITIONS OF LICENSE
8.1 Licensee shall comply with the following conditions prior to the
commencement of use of the License Area.
8.1.1 The Licensed Area shall be temporarily fenced and screened on all sides
for the duration of the construction project. The height of fence shall be six (6) feet, and
fence material shall be chain link metal fence overlaid on the exterior with an opaque
vinyl screen, or other equivalent fencing and screening material as approved by the
Building Official.
Charles King Co., Inc. Page 3
8.1.2 Prohibited Activities: storage of construction materials is expressly
prohibited outside of the fenced area. No improvements to the License Area are
permitted.
8.1.3 Maintenance: Licensee shall be responsible for maintenance of the
License Area including, but not limited to, the routine removal of foreign material, waste,
and debris. Licensee's obligation to maintain the License Area shall include a regular
preventative maintenance program, together with routine repairs caused by normal
wear and tear, to be provided by a licensed service company acceptable to City.
Licensee shall obtain all required Building permits necessary for such repair.
8.1.3.1 City shall be entitled, with a Licensee representative, to
inspect the License Area for compliance with the terms of this Agreement, and with all
applicable Federal, State and local (including those of the City) government regulations.
TERMINATION OF LICENSE
9.1 Notwithstanding the term of this License, this License may be terminated
during the term or any extended term in the following manner:
9.1.1 By Licensee: At any time, without cause upon the giving of thirty (30)
days written notice of termination to City;
9.1.2 By City: At any time, without cause upon the giving of thirty (30) days
written notice of termination to Licensee; or
9.1.3 If, after written notice of default to Licensee of any of the terms or
conditions of this License, Licensee fails to cure or correct the default within ten (10)
business days of receipt of written notice, City may immediately terminate the License.
10. ADMINISTRATION
This License will be administered by the Community Development Department.
The Community Development Director shall be the License Administrator and shall
have the authority to act for City under this License. The License Administrator or their
authorized representative shall represent City in all matters pertaining to this License.
11. INDEMNITY AND LIABILITY FOR DAMAGES
11.1 Licensee shall indemnify, defend and hold harmless City, its City Council,
boards and commissions, officers, agents, volunteers, and employees (collectively, the
"Indemnified Parties") from and against any and all claims (including, without limitation,
claims for bodily injury, death or damage to property), demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court costs)
of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which
may arise from or in any manner relate (directly or indirectly) to any breach of the terms
and conditions of this License, any work performed or services provided under this
Charles King Co., Inc. Page 4
License including, without limitation, defects in workmanship or materials or Licensee's
presence or activities conducted that relate in any way to this License (including the
negligent and /or willful acts, errors and/or omissions of Licensee, employees, vendors,
suppliers, and anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein
shall be construed to require Licensee to indemnify the Indemnified Parties from any
Claim arising from the sole negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorney's fees
in any action on or to enforce the terms of this License. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Licensee.
11.2 Licensee shall be liable and responsible for the security, repair and
maintenance of the License Area to the extent necessitated by Licensee's use of the
License Area under this License, for such time as this License is in effect. Licensee
shall use care to protect the License Area and restore it to its original condition to the
satisfaction of the City when the License Area is not in use by Licensee.
12. INSURANCE
Without limiting Licensee's indemnification of City, and prior to commencement of
work, Licensee shall obtain, provide and maintain at its own expense during the term of
this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit E, and incorporated herein by reference.
13. PROHIBITION AGAINST ASSIGNMENT AND TRANSFER
This License shall not be assigned or transferred without the prior written
approval of City which approval may be withheld in the City's sole discretion.
14. CONFLICT OF INTEREST
The Licensee or its employees may be subject to the provisions of the California
Political Reform Act of 1974 ( "Act'), which (a) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the work performed
under this License, and (b) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest. If subject to the
Act, Licensee shall conform to all requirements of the Act. Notwithstanding Section
9.1.3, failure to conform to the requirements of the Act constitutes a material breach and
is grounds for immediate termination of this License by City. Licensee shall indemnify
and hold harmless City for any and all claims for damages resulting from Licensee's
violation of this Section.
15. NOTICE
Charles King Co., Inc. Page 5
All notices, demands, requests or approvals to be given under the terms of this
License shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Licensee to City shall be addressed to
City at:
Community Development Department
City of Newport Beach
Attn: Real Property Administrator
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
15.1 All notices, demands, requests or approvals from City to Licensee shall be
addressed to Licensee at:
Debra King, President
Charles King Co., Inc.
2841 Gardena Ave
Signal Hill, CA 90755
16. STANDARD PROVISIONS
16.1 Recitals. City and Licensee acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
16.2 Compliance with all Laws. Licensee shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all work prepared by Licensee shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator.
16.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
16.4 Integrated Agreement. This License represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
16.5 Interpretation. The terms of this License shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
Charles King Co., Inc. Page 6
party by reason of the authorship of the License or any other rule of construction which
might otherwise apply.
16.6 Amendments. This License may be modified or amended only by a
written document executed by both Licensee and City and approved as to form by the
City Attorney.
16.7 Severability. If any term or portion of this License is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this License shall continue in full force and effect.
16.8 Controlling Law and Venue. The laws of the State of California shall
govern this License and all matters relating to it and any action brought relating to this
License shall be adjudicated in a court of competent jurisdiction in the County of
Orange.
16.9 Taxes. Licensee acknowledges that the License granted herein may be
subject to possessory interest taxes. Licensee shall have the sole obligation to pay any
taxes, fees and assessments, plus applicable penalties and interest, which may be
imposed by law and arise out of Licensee's License hereunder. Licensee shall
indemnify, defend and hold harmless City against any and all such taxes, fees,
penalties or interest assessed, or imposed against City hereunder.
16.10 No Third Party Rights. The Parties do not intend to create rights in or
grant remedies to, any third party as a beneficiary of this License, or of any duty,
covenant, obligation or undertaking established herein.
16.11 No Attorneys' Fees. In the event of any dispute under the terms of this
License the prevailing party shall not be entitled to attomeys' fees.
16.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
Charles King Co., Inc. Page 7
IN WITNESS WHEREOF, the parties have caused this License to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATT RN Y'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
ATTEST:
Date:
By:VW44�
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: %\W� Nn
By:
Dave Kiff
City Manager
LICENSEE: Charles King Co., Inc., a
California corporation
Date:
By:zfoz -
Name: Debra King
Title: Presi e t
Date: /i i3i.3
By:
i
Name: Charles King
Title: Vice President
[END OF SIGNATURES]
Attachments: Exhibit A:
Depiction of Premises
Exhibit B:
Depiction of License Area
Exhibit C:
Limited Use Permit No. XP2013-005 (PA2013-200)
Exhibit D:
Special Conditions
Exhibit E:
Insurance Requirements
Charles King Co., Inc. Page 8
EXHIBIT "A"
Charles King Co., Inc. Page A -1
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EXHIBIT "C"
LIMITED USE PERMIT NO. XP2013 -005
(PA2013 -200)
Charles King Co., Inc. Page C -1
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658 -8915
(949) 644 -3200 Fax: (949) 644-3229
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR
ACTION LETTER
Application: Charles King Company Field Office and Contractor Yard
Limited Term Permit No. XP2013 -005 (PA2013 -200)
Applicant: Charles King Company, Inc.
Site Address: 3300 Newport Boulevard
On October 22, 2013, the Community Development Director approved Limited Term
Permit No. XP2013 -005. The approval is based on the following findings and subject to
the following conditions.
PROJECT SUMMARY
Temporary field office and contractor yard for up to 90 days for the Charles King Company
for the Orange County Sanitation District Balboa Trunk Sewer rehabilitation project.
ZONING DISTRICT /GENERAL PLAN
• Zone: PF (Public Facilities)
• General Plan: PF (Public Facilities)
PROJECT DESCRIPTION
The applicant proposes a temporary field office and contractor yard for up to 90 days for
the Orange County Sanitation District Balboa Trunk Sewer project. The yard is
approximately 10,000 square feet in area and will be secured by a 6- foot -high chain link
fence. The fencing will have two gates for access and a green fabric screening material
will be attached to the fencing. A commercial office trailer and portable restroom facility will
be located within the fenced area. The yard will primarily be used as a field office and it will
provide parking for contractor personnel. The yard will also be used for the storage of a
variety of materials for the project including, but not limited to, storm water protection
materials, temporary asphalt, piping, traffic control devices, steel plates, trailer mounted
pumps and generators, crew trucks, street sweeper, etc.
Charles King Company Field Office/Contractor Yard
October 22, 2013
Page 2
BACKGROUND
The proposed field office and contractor yard is in support of the Orange County
Sanitization District Balboa Trunk Sewer Rehabilitation Project. Construction will take
place on Balboa Boulevard and Newport Boulevard between A Street in Balboa Village
and Via Lido. The current sewer pipeline was built in the 1940's. The sewer is located at
an elevation below sea level and is submerged, resulting in a large amount of saltwater
and groundwater intrusion. Furthermore, inspection of the sewer shows multiple cracks
and fractures that could potentially put the pipes at risk of failure. The project will
rehabilitate the existing trunk sewer line and associated manholes. The project includes
the installation of a new protective lining in approximately 12,000 feet of 15 to 24 -inch
diameter sewer pipeline by using the trenchless cured -in -place pipe (CIPP) construction
method. The project will increase the life expectancy of the trunk sewer by 25 -30 years.
Construction is scheduled to begin as early as late October 2013 and last until early
Summer 2014. Work will take place Monday to Friday, from 7 a.m. to 6 p.m., and
Saturdays, if required. Some portions of the work (2 -3 weeks) will require night work
from 7 p.m. to 6 a.m. 4o avoid significant disruptions in traffic. Notifications will be
distributed and posted on the Orange County Sanitation District website
(www,ocsd.com) with specific locations and schedule as the dates approach.
III. FINDINGS
Finding:
A. This project has been reviewed, and it has been determined that it is
categorically exempt from the requirements of the California Environmental
Quality Act under Class 4 (Minor Alterations to Land).
Facts in Support of Finding:
A -1. Class 4 exempts the placement of seasonal or temporary use of items such as
lifeguard towers, mobile food units, portable restrooms, or similar items. The
proposed temporary field office and contractor yard is temporary and will be
removed from the site after the project it serves is concluded.
Finding:
B. The operation of the limited duration use at the location proposed and within the
time period specified would not be detrimental to the harmonious and orderly
growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the
public convenience, health, interest, safety, or general welfare of persons residing
or working in the neighborhood of the requested limited duration use;
Facts in Support of Finding:
B -1. The proposed field office and contractor storage yard is for a limited duration of
no longer than 90 days.
Tmpit 04/04113
Charles King Company Field Office/Contractor Yard
October 22, 2013
Rage 3
B -2. The location of the yard is shielded from Newport Boulevard and partially
shielded from 32nd Street by buildings. The yard is setback 65 feet from 32nd
Street and approximately 120 feet from commercial uses to the south. The
nearest property with residential use is approximately 175 feet to the southwest
across 32nd Street,
B -3. The contractor yard will be enclosed by a 6- foot -high chain link fence with gates
installed with screening materials. All activities will occur within the proposed
yard. Gates will open inward and not block the abutting driveway. The applicant
will install "No Parking or Stopping" signs along the public driveway and maintain
open access.
B-4. The applicant will be responsible for dust control, noise control, and night lighting
control.
B -5. Necessary night activities to avoid daytime traffic disruptions will be intermittent
and limited to 2 to 3 weeks in total duration.
..................
C. The subject lot is adequate in size and shape to accommodate the limited duration
use without material detriment to the use and enjoyment of other properties located
adjacent to and in the vicinity of the lot;
Facts in Support of Finding:
C -1. The subject site is a fully - developed 4.25 acre property, of which only 14,040
square feet (approximate) will be utilized for the proposed temporary use. The
use is paved, and proposed fencing is designed and located to ensure that open
public and emergency access is maintained at all times.
C -2. Existing buildings, setbacks and the 32nd Street right -of -way will provide an
adequate buffer to the proposed temporary use.
Finding:
D. The subject lot is adequately served by streets or highways having sufficient width
and improvements to accommodate the kind and quantity of traffic that the limited
duration use would or could reasonably be expected to generate;
Facts in Support of Finding_
D -1. The site will house 6 -8 employees and serve as a storage area for equipment
and materials. Access for equipment and materials will be intermittent. Access to
the yard will be provided by an existing public driveway from Newport Boulevard
at Finley Avenue and from 32nd Street. These access points adequately serve the
"i "mph 04/03/11
Charles King Company Field Office/Contractor Yard
October 22, 2013
Page 4
former city hall site and traffic from the proposed temporary use is expected to be
far less than the former city hall.
Finding:
E. Adequate temporary parking to accommodate vehicular traffic to be generated by
the limited duration use would be available either on -site or at alternate locations
acceptable to the Zoning Administrator, and
Facts in Support of Finding
E -1. Approximately 25 parking spaces will exist within the proposed fenced yard and
should provide adequate parking for the 6 -8 employees that will be stationed at
the site. It will be the responsibility of the applicant to ensure that adequate space
exists for employee parking within the fenced yard as parking outside the yard
will be prohibited.
F. The limited duration use is consistent with all applicable provisions of the General
Plan, any applicable specific plan, the Municipal Code, and other City regulations,
Facts in Support of Finding:
F -1. The General Plan Land Use Element category for the site is PF (Public Facilities)
and is zoned PF (Public Facilities). These designations are intended to provide
public facilities, including public schools, cultural institutions, government facilities,
libraries, community centers, public hospitals, and public utilities. The proposed use
is temporary and will support a necessary project to rehabilitate an existing trunk
sewer line.
F -2. The site is not located within a specific plan area and due to the temporary nature
of the use, it will not impede with planning for the future reuse of the site consistent
with City Council direction.
IV. CONDITIONS
Limited Term Permit No. XP2013 -005 shall expire on January 19, 2014. The site
shall be returned to its existing condition on or before this date.
2. The activity shall be in substantial conformance with the approved site plan except
as noted in the following conditions. Anything not specifically approved by this
limited term permit is prohibited and must be addressed by a separate and
subsequent review.
`I mptt: 04!04/13
Charles King Company Field Office /Contractor Yard
October 22, 2013
Page 5
The activity shall be limited to a field office and contractor yard for the Orange
County Sanitation District Balboa Trunk Sewer project only and does not permit any
other use.
The yard shall be enclosed with a 6- foot -high chain link and security fence installed
with a green screening fabric that provides screening of the activities within the
fenced area to the satisfaction of the Community Development Director or her
designee.
5. Gates shall not swing out across the abutting public driveway.
6. The applicant shall not allow the abutting driveway to the east to be blocked for any
reason at any time. The driveway shall remain unobstructed at all times for public
and emergency access. The applicant shall post two or more conspicuous signs
indicating "No Stopping or Parking" on the outside of the fence along the abutting
driveway to the east.
7. The applicant shall post a conspicuous sign on the outside of the fenced area
indicating the following; "For information regarding this temporary facility, contact
(insert name of project manager and phone number of project manager),
Contractor for OCSD Balboa Trunk Sewer Rehabilitation Project, Charles King
Company."
8. All activities, with the exception of ingress and egress of vehicles and pedestrians,
shall be confined within the approved fenced area. Parking of vehicles or the
storage of equipment or materials shall be confined to the approved fenced area.
9. Hours of operation shall be 7 a.m. to 6 p.m. Monday through Saturday.
Operations between 6 p.m. and 7 a.m. or on Sundays may be conducted on a
limited basis with 7 days of advance warning to the City and Fire Station No. 2.
10. The applicant shall control dust and dirt in and around the yard, and on all streets
and driveways to and from the yard by any means necessary including watering
active construction areas or materials and the use of street sweepers.
11. The use of portable generators is prohibited.
12. Night lighting shall be limited to the minimum necessary for security except when
night construction is required and scheduled in accordance with Condition No. 8.
Night lighting during night construction periods shall be confined to the fenced yard
area. Lights shall not exceed 20 feet in height and lighting elements shall be
shielded such that they are not visible from the public right -of -way and property to
the east.
13. The applicant shall allow access to the yard to the City and authorized agents for
the purpose of inspection, testing, or other investigatory work associated with
redevelopment of the site.
Taiph aaroans
Charles King Company Field Office /Contractor Yard
October 22, 2013
Page 6
14. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever which
may arise from or in any manner relate (directly or indirectly) to City's approval of
the Charles King Company Contractor Yard including, but not limited to, the
XP2013 -005. This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and /or the parties initiating or
bringing such proceeding. The applicant shall indemnify the City for all of City's
costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to
the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
APPEAL PERIOD: An appeal may be filed with the Director of Community Development
or City Clerk, as applicable, within 14 days following the date the action or decision was
rendered unless a different period of time is specified by the Municipal Code (e.g., Title 19
allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments,
or lot mergers). For additional information on filing an appeal, contact the Planning Division
at 949 644 -3200.
On behalf of Kimberly Brandt, AICP, Community Development Director
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Jam Principal Campbell, Plariner
Attachments: CD 1 Vicinity Map
CD 2 Site Plan
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Attachment No. CD 1
Vicinity Map
Attachment No. 1
Vicinity Map
Charles King Co., Inc. Page D-3
Attachment No. CD 2
Site Plan
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EXHIBIT "D"
SPECIAL CONDITIONS
Charles King Company has requested a field office and contractor yard for the Orange
County Sanitation District Balboa Trunk Sewer project at the former City Hall site, see
Attachment No. 1. The yard is approximately 10,000 square feet in area and will be
secured by a 6- foot -high chain link fence. The fencing will have two gates for access and a
green fabric screening material will be attached to the fencing. A commercial office trailer
and portable restroom facility will be located within the fenced area. The yard will primarily
be used as a field office and it will provide parking for contractor personnel. The yard will
also be used for the storage of a variety of materials for the project including, but not
limited to, storm water protection materials, temporary asphalt, piping, traffic control
devices, steel plates, trailer mounted pumps and generators, crew trucks, street sweeper,
etc. Attachment No. 2 depicts the area to be used by Charles King Company.
The proposed field office and contractor yard is in support of the Orange County
Sanitization District Balboa Trunk Sewer Rehabilitation Project. Construction will take
place on Balboa Boulevard and Newport Boulevard between A Street in Balboa Village
and Via Lido. The current sewer pipeline was built in the 1940's. The sewer is located at
an elevation below sea level and is submerged, resulting in a large amount of saltwater
and groundwater intrusion. Furthermore, inspection of the sewer shows multiple cracks
and fractures that could potentially put the pipes at risk of failure. The project will
rehabilitate the existing trunk sewer line and associated manholes. The project includes
the installation of a new protective lining in approximately 12,000 feet of 15 to 24 -inch
diameter sewer pipeline by using the trenchless cured -in -place pipe (CIPP) construction
method. The project will increase the life expectancy of the trunk sewer by 25 -30 years.
Construction is scheduled to begin as early as late October 2013 and last until early
Summer 2014. Work will take place Monday to Friday, from 7 a.m. to 6 p.m., and
Saturdays, if required. Some portions of the work (2 -3 weeks) will require night work
from 7 p.m. to 6 a.m. to avoid significant disruptions in traffic. Notifications will be
distributed and posted on the Orange County Sanitation District website
(www.ocsd.com) with specific locations and schedule as the dates approach.
Special Conditions:
1. The contractor yard will be enclosed by a 6- foot -high chain link fence with gates
installed with screening materials. All activities will occur within the proposed
yard. Gates will open inward and not block the abutting driveway. The applicant
will install "No Parking or Stopping" signs along the public driveway and maintain
open access.
2. Necessary night activities to avoid daytime traffic and business disruptions will be
intermittent and limited to 2 to 3 weeks in duration.
3. The site will house 6 -8 employees and serve as a storage area for equipment
and materials. Access for equipment and materials will be intermittent. Access to
the yard will be provided by an existing public driveway from Newport Boulevard
Charles King Co., Inc. Page D -1
at Finley Avenue and from 32nd Street. These access points adequately serve the
former city hall site and traffic from the proposed temporary use is expected to be
far less than the former city hall.
4. The yard shall be enclosed with a 6- foot -high chain link and security fence installed
with a green screening fabric that provides screening of the activities within the
fenced area to the satisfaction of the Community Development Director or her
designee. Gates shall not swing out across the abutting public driveway. Post
shall be no bigger than 3- inches in diameter and no deeper than 12- inches. Fence
and posts shall be removed at completion of use. Post holes shall be filled with
compacted sand to subgrade and surface restoration shall be 1- inches more of
either concrete or asphalt depending on where post is placed.
5. The applicant shall not allow the abutting driveway to the east to be blocked for any
reason at any time. The driveway shall remain unobstructed at all times for public
and emergency access. The applicant shall post two or more conspicuous signs
indicating "No Stopping or Parking" on the outside of the fence along the abutting
driveway to the east.
6. The applicant shall post a conspicuous sign on the outside of the fenced area
indicating the following; "For information regarding this temporary facility, contact
(insert name of project manager and phone number of project manager),
Contractor for OCSD Balboa Trunk Sewer Rehabilitation Project, Charles King
Company.
7. All activities, with the exception of ingress and egress of vehicles and pedestrians,
shall be confined within the approved fenced area. Parking of vehicles or the
storage of equipment or materials shall be confined to the approved fenced area.
8. Hours of operation shall be 7 a.m. to 6 p.m. Monday through Saturday. Operations
between 6 p.m. and 7 a.m. or on Sundays may be conducted on a limited basis
with 7 days advanced notice to the City and Fire Station No. 2 personnel.
9. The applicant shall control dust and dirt in and around the yard, and on all streets
and driveways to and from the yard by any means necessary including watering
active construction areas or materials and the use of street sweepers.
10. Contractor shall be allowed to use power from the existing City Hall facilities. The
use of portable generators is prohibited.
11. Night lighting shall be limited to the minimum necessary for security except when
night construction is required and scheduled in accordance with Condition No. 8.
Night lighting during night construction periods shall be confined to the fenced yard
area. Lights shall not exceed 20 feet in height and lighting elements shall be
shielded such that they are not visible from the public right -of -way and property to
the east.
12. The applicant shall allow access to the yard to the City and authorized agents for
the purpose of inspection, testing, or other investigatory work associated with
redevelopment of the site.
Attachments: Vicinity Map
Site Plan
Charles King Co., Inc. Page D -2
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EXHIBIT "E"
INSURANCE REQUIREMENTS
1. Provision of Insurance. Without limiting Licensee's indemnification of City, and
prior to commencement of work, Licensee shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Licensee
agrees to provide insurance in accordance with requirements set forth here. If
Licensee uses existing coverage to comply and that coverage does not meet
these requirements, Licensee agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Licensee shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Licensee shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Licensee shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Licensee shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Licensee
Charles King Co., Inc. Page E -1
arising out of or in connection with work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Licensee or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Licensee hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subcontractorts.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Licensee shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
Charles King Co., Inc. Page E -2
insurance required by giving Licensee sixty (60) calendar days advance
written notice of such change.
C. Enforcement of Agreement Provisions. Licensee acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Licensee of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
E. Self- insured Retentions. Any self- insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non - Compliance. If Licensee or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate
this Agreement, or to suspend Licensee's right to proceed until proper
evidence of insurance is provided.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Licensee's Insurance. Licensee shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
Charles King Co., Inc. Page E -3