HomeMy WebLinkAboutEncroachment AgreementFEE: $490.00
ENCROACHMENT PERMIT AND AGREEMENT
(Connnercial)
The City Of National City hereby grants an Encroachment Permit to the undersigned, yyI Fllm+��(
`7 rus-F ( 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 tuns
grant ofpermission 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 Exhibit "B",
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
harrless 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 herein 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, claims, demands, suits, and defense costs, including attorneys'
fees, 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.
5. OWNER and each successor in interest or assign shall take out and maintain, during the
time the encroachment remains on CITY's easement or right-of-way, commercial general liability
insurance with minimum limits of One Million Dollars ($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,
6. 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. 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.
b. 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 expense.
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: -7/Z2-I13
CITY OF NATIONAL CITY PERMITTEE:
t&rid .1"-i\X4+
Ron Morrison, Mayor Enti y
°F 4 e.r - Pk.SOWYILVLA i sA- Repave
Name & Title
Signature
Name & Title
ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE.
USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY.
2 Encroachment Permit and Agreement
(Commercial))
PERMITTEE/APPLICANT INFORMATION:
coAA0,v Koome1 Mailing Address:
Person in Responsible Charge
(DVI -741-1-119 £19 -36S-391.5
24/7 Phone Number
WIA FOLIMI k r fst-
Firm Name:
�~
r
PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND
SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B", ATTACHED
3 Encroachment Permit and Agreement
(Commercial))
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califomia
County of S€:
On f7J f3 before me,ge c
� JJi4//d7'
Hers (Name and Title
personally appeared Rc.) t fria S hat jazdjil4,_.'
Name) ar Slgnerfs).
OFFICIAL SEAL
REZA M. KAOHAZCHi
NOTARY PUBLIOCALIFORAl1A
COMM. NO. 1980258 z.
N. DJEGO COUNTY
'M, EXP. JUNE 26, 2016
Place Notary Seal Above
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(e)tare
subscribed to th within instrument and acknowledged
to, e that e sbeitgx executed the same in
e eir-, a orized capacity(ies and that by
it signatures) --on the instrument the
rson(e); or the entity upon behalf of which the
person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL -
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
True or Type of Document: E. H C V ' Jim C pe "'d , s qi wj
Document Date: 7 IL 4- ( j Number of Pages:
Signer(s) Other Than Named Above:
Capacfty(les) Claimed by Signer(s)
Signer's Name:
LI Corporate Officer — Ti•ie(s):
❑ hid'i-viduai
❑ Partner — ❑ Limited ❑ Genera
n Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
;IGHT THUA".SPAJNT
OF SIGNER
14.,•110 ��
Signer's Name:
❑ Corporate Officer—Trtle(s):
O Individual
❑ Partner — 0 Limited 0 General I Top of thumb here
0 Attorney In Fact
Cl Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
cwy narrtxtai notary Assoaatlon • Nariona]Notary.org • 1-800.115 NOTARY (1-•800-876-6g27)
RIGHT THUr•.i3?RI T
OF SIGNER
Item *5907