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Home My WebLink AboutEncroachment AgreementFEE: S490.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of National City hereby grants an Encroachment Permit to the undersigned, Alturas Imperial, LLC ( hereinafter referred to as "OWNER"), in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. OWNER is the owner of that certain real property described in the attached Exhibit "A", or is an owner of personal property that is proposed to be installed in the public right-of-way or other public property of the City of National City, County of San Diego, State of California. The OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain certain personal property or a building, facility, or other structure (hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property, or right-of-way for the use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of OWNER'S encroachment is described in Fxhibit `5", attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by the City Engineer, the above described encroachment shall be abandoned, removed, or relocated by OWNER at the owner's sole expense. 2. The said encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk, and responsibility of OWNER and any successor in interest, who shall hold CITY harmless with respect thereto. 3, This Permit and Agreement, when made for the direct benefit of OWNER's land or property described above, and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the encroachment heLe . permitted within thirty (30) days after notice of removal or relocation from the CITY, CITY may cause such removal or relocation to be done at OWNER's sole cost and expense, which shall be a lien upon said land. A copy of this Encroachment Agreement shall be recorded against any real property of the owner's that is hereby benefited by the encroachment, Upon request by CITY, PERMITTEE shall record this Encroachment Agreement with the County of San Diego, County Recorder's Office, and upon recordation shall return the original to the CITY. 4, OWNER shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, cipims, demands, suits, and defense costs, including attorneys' tees, arising out of Owner's entry upon and use of City's easement or right-of-way for the installation, maintenance, and use of the owner's encroachment. S. OWNER and each successor in interest or assign shall take out and maintain, daring the time the encroachment remains on CITY's easement or right-of-way, commercial general liability insurance with minimum limits of One Million Dollars (S 1,000,000,00) combined single limit per occurrence, covering all bodily and property damage arising out of this Encroachment Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents, and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Encroachment Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this section. Should owner fail to do so, City may elect to obtain such coverage at OWNER'S expense or immediately terminate this Agreement. b, The .full terms and conditions under which this Encroachment Permit is issued are further set forth in Chapter 13,12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to, Owner also acknowledges that those terms and conditions include, without limitation, the following: a. This Encroachment Permit is temporary in nature and expires on the .2"d day of November, 2013, or upon purchase of the property by the OWNER from the CITY, whichever happens first. b. The City reserves the right to charge the Owner "fair and reasonable" compensation for the use of CITY property retroactive to the date of construction or installation of the encroachment. c. The CITY can require the removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at owner's apense, 7. This encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. DATED: CITY OF NATIONAL CITY Ron Nlvrrison, Mayor PERMITTEE (OWNER): AZ:721/274-3 #/i46k.//1-4- Entity/Company Signature 5. ✓l7 - � y1it etac e ' Name & Title Signature Name & Title ATTACH NOTARY CERT!TICATION FOR THE NAME OF PERPTTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. 2 Encroachment Permit and Agreement (Commercial)) PERMITTEE/APPL1CANT INFORMATION:: Person in Respon d:4e Charge 24/7 phone der P2,71,--2c?-L' Firm Name Mailing Address: k 4z/44. ,goe,e/xy e7(1- ,20 e?‘ PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B", ATTACHED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIV1L CODE § 1188 State of California County of D U55 Ori7s1 tiLet r j Zit,a before me, Date personally appeared CR.Ihr-C ' s Anna Mansour,- Notary Public `-� I-64J Buui,t Neale W id Trile of the Officer Name(a) of Slgner(s) ANNE MANSDUR Commission # 1940873 Notary Public - California z orange County M Comm. Expires Jul 11, 2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person( whose name(ii^ aye subscribed to the within instrument and acKnoedged to me tha�e r executed the same in authorized capacity¢ies"), and that by signature() on the instrument the person(- or the entity upon behalf of which the person rf acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and official seal. Signature: r _ OPTIONAL Signature of Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: 1.1.i.L.2,„ j5 , 20 ( 3 P-rzak.mt Number of Pages: es Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer s) Signer's Name: C tb- Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General n Attorney in Fact E Trustee C' Guardian or Conservator Cr Other: Signer Is Representing: El Corporate Officer — Title(s): ❑ individual ❑ Partner — ❑ limited ❑ General Attorney in Fact ❑ Trustee Guardian or Conservator ID Other: ▪ a tuna o ary ssociafrorr, - PiatronaNVotary.arg - i-800-U5 !tiOTArIY (7-800-876-6827) Item et5yQ7 EXHIBIT A PORTIONS OF A PARKING LOT TO INCLUDE TYPE G-1 CURB, LANDSCAPING, DEPRESSED LANDSCAPE BASIN, NEW ASPHALT CONCRETE PAVEMENT OF 2.5 INCHES OF ASPHALT OVER 6 INCHES OF BASE MATERIAL, DRAINAGE RIP -RAP, VERTICAL PARKING STRIPES AND OTHER APPURTENANCES NECESSARY FOR THE COMPLETE INSTALLATION AND MAINTENANCE OF THE PARKING LOT. EXHIBIT 'B LEGAL DESCRIPTION THE WESTERLY 15.00 FEET OF THE EASTERLY 25.00 FEET OF POI AVENUE, SAID "G* AVENUE BEING FORMERLY AN UNNAMED STREET (80.00 FEET WIDE) WITHIN FLORA M. KIMBALL'S SUBDIVISION OF A PORTION OF QUARTER SECTION 152 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 44, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 30, 'f888. EXCEPTING THEREFROM ANY PORTION LYING NORTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE OF 24TIi STREET (80.00 FEET WIDE). ALSO, EXCEPTING THEREFROM ANY PORTION LYING SOUTHERLY OF A LINE DRAWN PARALLEL WITH AND .194.00 FEET SOUTHERLY OF SAID SOUTHERLY RIGHT-OFVAY LINE OF 24TH STREET. FOR ILLUSTRATION PURPOSES A PLAT, ATTACHED HERETO AND BY THS REFERENCE MADE A PART HEREOF. IS 1 1-.1-10' VACATED PER arnisounn No15°A.744625//921` LOT ft 4CA APR 552-072-Of I 30' I 30' 247H 1m f AMIE ella �..,..__ FILM IL 10111111Mill L°ropased Encroachment) j/j a 1 PLANS PREPARED 8Y: #c,Pavda+setRTIS PROZioort�� Ada PHONE MO RAx ) 7'30-44133 EXHIBIT "8" SWEET 1 (am) NOMPIONSIE 44 UM V I AID > oD' CERTIFICATE OF LIABILITY INSURANCE13 " �_' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATS )OLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TIES CERTIFICATE OF INSURANCE DOES NOT C0 WTITUTE A CONTRACT BETWEEN THE mime £YSURER(S), AUTHQRIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT; if the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must he endorsed. if SUBROGATION IS WAIVED, subject to the terms end conditions of the policy, certain policies may require an endorsement. A statement an thls certificate does riot comfier rights to the certificate holder In lieu of such eodorsement(s). I PRODUCERFRED MIGHAEL EHRENFELD COMPANY ATTENTION; FRED LIEBEL 2655 CA' INO OM. RIO N #200 SAN DIEGO CA 92108 UEBEL INCPHCINE Na. 619-395-2018 I iu' .taw: 619463.1999 Mast fm14)ehrerdeltlinsutance.com 4NBURERE81 AFFORDING COVERAGE NAIL a I Eikarkmm GREATAMERICAN INSURANCE COMPANY INB IRO THE CITY OF NATIONAL CITY c HAI 1 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950 INSURERS I (NBURER C: u;3DRER 0 • IN JRERE: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY 'THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TI-E INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUE) OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OP011itRANt MR SR wu4ro _ poucY311te0Rfi 16At�1 atNm�r> EXP LIMITS A GENERAL LIABRJIY CONVERCtAL-GEN€RAI. *ARVTY BIND RO1I1S-032913-25070A 0410312013 04/0312014 EACH OCCURRENCE _ 3 1,000,000 DAMARENTED ISES° ,,Dal S X)0000000XXX CWMS.MA0E ❑ OCCUR meg EILfl pry one waoni $ X)0000000 XX PERSONAL&ADVINJURY s XXXICIOG1OU40€ X OWNERS E OONTRA.CTORSS GENERAL AGGREGATE 3 2,000." CC 00 0912 07 POLICY FORM PRODUCTS- COMPIOP AOG _ s XCOCXXXX GENT -AGGREGATE t MIT APPLIES PER: !S j POLICY 1-7 P2 n LOc f AVT0I r _ OBfa )!ABILITY ANY AUTO ALL OWNED AUTOS HIRED — SCHEDULED AUTOS NON-OWNED{Plr COAIED SINGLE Me aodGRIN UNIT GRIN SCOILY INJURY {Pups/son) $ BODILY $ �@$t}ReE i i — UMBRELLA LIAR EXCESS LIAR ^ OCCUR ., EACH OCCURRENCE i AGGREGATE 3 _QED RETENTION $ GL MMS.MADE 3 WORKERS COMPENSATION AMP EMPLOYERS'LIASSXY ANY PROPRIETORfPARTNEREXECUTWE 0.MC M EN s CLUDED7 L- e,j' {:Bench . OESCIjIPTLON 0nIEERAt1CN6 beIcw N 1 A ?Ora ties I EAR El. EACT H=3:M S r.L, DM'EAJE - EA EIaPLOYE6 S E.L. DISEASE - POUCY LLMIT 3 i execk fON OF OPERATIONS! LOCATIONS 1 VEHICLES (Attach AC0RD 101.41k4dltlanaI Remarks Schedule. H mere opaw 13 numbed) RE: ALTURAS IMPERIAL LLC ENCROCHMENT PERNGT FOR TOO E 24TH STREET NATIONAL CITY CA 91950 CERTIFICATE HOLDER CANCELLATION PROOF OF INSURANCE ACORD 25 {2010!O6) SHOULD ANY OF THE ABOVE DiE3cRI3ED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, • WILL BE DAD IN ACCORDANCE WITH THE POLICY AUT5KIGISMO. R$PRaeF.NT. 01988 2010 AC • '' CORPORATION. All rights reserved. The ACORD name and logo are mastered marls of ACORD