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HomeMy WebLinkAbout03 - Harbor Fees - SupplementalReceived After Agenda Printed Agenda Item No. 3 11 -26 -13 Revision to HOA Rent Section in Resolution No. 2012 -98 Home Owners' Associations ( "HOX) which provide slips for the exclusive use of its members, shall pay as fair market Base Rent the residential pier rental rate established in Resolution No. 2013 -88, or any successor resolution, as phased in and adjusted pursuant to that resolution. One -Della. and- ,-wG GGRtS ($1.02) , squaFe feet Af the PFeF ises as phased ; and adjusted . Rt to this FesekAtiOR. In the event an HOA rents slips to non - members, depending upon the size of the Premises, the HOA shall pay fair market Rent for those slips equal to the "Large Commercial Marina Rent" or "Large Commercial Marina Rent Alternative" as established by Resolution No. 2012 -92, or any successor resolution, or the Small Commercial Marina Rent established by this resolution. Depending upon the Rent applicable to, or selected by, a HOA, the HOA shall be subject to all of the applicable terms accompanying the Rent (e.g., audit, etc.). Revised Residential Pier Tidelands Rent Calculations Residential Pier Rent (1) Begs.,, ORg „n neaFGh , 2013, Residential Pier Permittees shall pay as Rent Fifty -Two and One -Half Cents ($0.525) per square foot of the Premises, as phased in and adjusted pursuant to this resolution. Two (2) examples of the Rent calculation are provided below for illustrative purposes: (2) Beginning on March , 2013 Permittees that desire to rent/lease their Residential Pier shall notify the City in writing. Permittees that rent/lease their Residential Pier, either in whole or in part, shall pay the Rent applicable to Small Commercial Marinas as established in Resolution No. 2012 -98, or any successor resolution, for the Premises. (3) To the extent a Residential Pier is shared by two (2) or more Permittees, the Rent shall be apportioned equally among the Permittees (i.e., if a Residential Pier is shared by two (2) Permittees half (1/2) of the Rent shall be billed to one (1) Permittee and the other half (1/2) of the Rent shall be billed to the other Permittee). The Permittees shall be jointly and severally liable for the Rent. Each Permittee shall receive a permit from the City indicating the percentage of the Premises apportioned to the Permittee. Periodic Adjustments of Rent And Phase In Rent for Residential Piers provided by this resolution, shall be phased -in and adjusted as follows in the table below. In the table, "A" represents the calculated rent based on the known square footage under permit in 2012, multiplied by Fifty -Two and One -Half Cents a square foot ($0.525/SF): Fifty -Two and One -Half Cents ($0.525) Rent Phase -in Table and Adjustment Examples 2012 2013 2014 2015 2016 2017 General ([A ([A ([A- $100] /5) ([A- Fully $ 100 $100] /5) + $100]/5) + $1001/5)+ Phased -in Example $100 2013 Rent + 2014 Rent 2015 Rent Rent (A) Example #1- $ 100 $ 199 $ 299 $ 398 $ 498 $ 597 1,139 SF Example #2 - $ 100 $ 229 $ 358 $ 487 $ 616 $ 748 1,426 SF Example #3 - $ 100 $ 445 $ 790 $ 1,135 $ 1,480 $ 1,827 31480 Rent for Residential Piers of one hundred ninetv sauare feet (190') or less shall Dav the fully Dhased in Rent immediatelv and be subiect to CPI adiustment beoinnina in 2018. During the phase -in period there shall be no adjustment by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers ( "CPI "), Los Angeles- Riverside - Orange County region or otherwise. Beginning in 2018 and indefinitely beyond, the rental rate shall be adjusted by the change in the CPI or two percent (2 %) whichever is less. The City may conduct a new appraisal of residential pier rental rates in Newport Harbor after March 1, 2018, and every fifth (5th) year thereafter, as part of the appraisal required by Resolution No. 2012- 96, or any successor resolution. The City Council, at its discretion, may use the appraisal to adjust Rent for the following year (i.e., the Rent determined by the appraisal following March 1, 2018 shall be effective March 1, 2019). If the City Council chooses not to adjust Rent across the Class of Permit, it shall use the appraisal's results to adjust the Rent of only those individual Permits that transfer ownership following each appraisal. Once adjusted, these transferred Permits shall be adjusted by the change in CPI or two percent (2 %), whichever is less, until such time that a new appraisal applies to this Permit or Class of Permit. Definitions Unless otherwise provided, the terms provided in the Newport Beach Municipal Code ( "NBMC ") shall apply to this resolution. The singular of any term also includes the plural. (1) Class of Permit means all Permits for Residential Piers in Newport Harbor. (2) Permit refers to a permit issued by the City authorizing a Residential Pier upon the Premises. (3) Permittee means a person who has a permit from the City to construct/maintain a Residential Pier. (4) Premises means those Tidelands which are subject to the applicable permit and are more particularly described and depicted in the applicable permit, excluding any Private Waterways and improvements owned by the Permittee or Tidelands subject to recorded easements for pier and slip purposes. The Premises shall include only the portion of the Tidelands located under a Residential Pier_. plus a to ten feet "^'` of heatable berth mono o nrd the .dent And fleaf area The ton foot (IQ') of heatable herth spaGe shall he reduee.d to the exte Rt a adjaGeRt a erty ❑Re a eGtr. within the te., feet (10') a or ether ehc RS (e.g., e.dim Rt h„il.d heaGh leGafen et..) that e the teR feet (IQ') a iA the oele -Anal ;;hselu4 ned.serntion of the City Manager, er rhri���Renc unusable fer purposes of the GaloulafiOR la a event shall the FeaF of the Residential Rier he ind, idpd ydfhin the Rremioeo (5) Private Waterways means privately owned submerged lands or submerged lands subject to recorded easements for pier and slip purposes. (6) Rent means the annual fair market rent charged on a square footage basis for the use of the Premises. (7) Residential Pier means a pier used by the ownerLsl--er occupant(s), quest(s) or lessee(s) of the abutting residentially zoned upland property. A Residential Pier shall include the entire pier system, including, but not limited to, the float, gangway, gangway landing, pier, pier platform and internal area of a slip(s). (8) Tidelands means certain tidelands and submerged land (whether filled or unfilled), located in the City of Newport Beach, County of Orange, State of California granted to the City of Newport Beach, as trustee, by the State of California, pursuant to the Tidelands Grant. (9) Tidelands Grant means uncodified legislation related to the State of California's grant of certain rights in the Tidelands to the City of Newport Beach, including, without limitation, the Beacon Bay Bill (Chapter 74 of the Statutes of 1978, as amended [citations omitted]). Residential Tidelands Pier Permit (1) Permittee: This Permit is issued on ( "Permittee ") to construct/maintain a residential pier locate d tidelands, as more particularly described and depicted in attached hereto and incorporated by reference. agrees to be bound by the terms contained in this Received After Agenda Printed Agenda Item No. 3 11 -26 -13 to upon City of Newport Beach ( "City ") Attachment 1 ( "Premises "), which is By acceptance of this Permit, the Permittee Permit. (2) Term: This Permit shall be valid for a period of yea r(sjtwe' `t2 eale 'ti.. beginning on March 1, 20 and expiring on February _, 20, unless terminated earlier as provided herein. A new permit may be automatically issued upon expiration, provided rent is paid and the pier is maintained. The City's longstanding policy is to re -issue residential permits to the upland property owner, who also owns the physical dock associated with the Premises. (3) Rent: Rent shall be calculated pursuant to Resolution No. 2012 - , or any successor /amended resolution. Resolution No. 2012 - and any successor /amended resolution are automatically incorporated by reference into this Permit, without any further action by the parties, when adopted by the Newport Beach City Council. (A) Periodic Payment of Rent: One -sixth (1/6) of annual rent for a particular year shall be received by the City within nineteen (19) days after the mailing of the Municipal Services Statement to Permittee. Bi- monthly rent will be billed with the Permittee's Municipal Services Statement. (B) Place for Payment of Rent: All payments of rent shall be made in lawful money of the United States of America and shall be paid to City on line at www.newportbeachca.gov, in person or by United States' mail, or overnight mail service, at the Cashier's Office located at 100 Civic Center Drive3300-- Newport Beulevard, Newport Beach, CA 92660-56, or to such other address as City may from time to time designate in writing to the Permittee. The Permittee assumes all risk of loss and responsibility for late charges and delinquency rates if payments are not timely received by the City regardless of the method of transmittal. (C) Late Charges: A ten percent (10 %) late charge, or the maximum rate allowable under State law, shall be added to all payments due but not received by City by the due date. (D) Third -Party Use: This Permit ❑ allows / ❑ does not allow (check one) the Permittee to rent/lease the Premises to a third -party. (4) Utilities and Taxes: The Permittee is solely responsible for obtaining all utilities and paying all taxes (including possessory interest tax, if applicable), fees and assessments for the Premises or improvements located thereon. (6) G erRpli.�...... With App" Gable . Th tt t it ,t,� ,� �s�„ eree�s�egeR at its expense to (57-) Maintenance: The Permittee assumes full responsibility for operation and maintenance and repair of the Premises and associated improvements throughout the term of this Permit at its sole cost, and without expense to the City. (69) Transfer /Assignment: This Permit may be transferred or assigned by the Permittee as provided in the Newport Beach Municipal Code. (9) iffMieglign' This Permit may be teffninated fGF Gause (e.g., failuFe to abide by the teFMS ef this PeFmit, etG.) by the Gity With RG less thaR thiFty (30) GaleRdar days prieF WFi#eR Ret AP tA the 12AFMAee. IR the AVARt Af « . «I t . thi ...N{... the City stria'„ ewe PIG PFAMiSes ,..Ithi.. n Rety (99) ..aleR d.... ay6 The oeFmittee shall rnRtiRue te pay eRt to tTre -6ny Prernises te the City. Netwithstanding any etheF Of this Pe-Frnit as permitted -by GPIWArnig Publip. R-P,;A---rrpq CA& SeGtiGR 6312, eF aRy SYGGeSSGF statute, the papties agree that 61PGR e)(PiFat*GR 9F AaAPF tPFMiAa4iQR Af this Permit the Gity Ghall have Re liability 9F ebligatie 2 Attachment 1 Description & Depiction of Premises Premise's Address (or description of general location): Premise's Square Footage: Premise's Depiction: 3