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HomeMy WebLinkAbout2010 CON (Encroachment Agreement) Bank of America - Pylon Sign / AwningNOTE TO FILE 07-22-14 IN THE MATTER OF: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Encroachment Permit and Agreement with Bank of America for the maintenance of an overhead pylon sign and an awning encroaching the public right of way at 235 E. 8th Street. ORIGINATING DEPARTMENT: NTF PROJECT DID NOT PROCEED CDC Housing & Grants City Attorney _ Human Resources City Manager _ MIS _ Community Svcs. Planning X Engineering Police Finance Public Works Fire FEE: $490.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of National City hereby grants an Encroachment Permit to the undersigned, BANK OF AMERICA (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 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 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 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 CTTY'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 famish 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. CITY O TIONAL CITY RonlMorrison, Mayor Dated: 8/0 5/ 9oio PERMITTEE: BANK OF AMERICA (Signature of two corporate officers required for Entity/Company corporation) Signature Name & Title lae,? N ame & Title I) b I froje( ularVi SiQtia ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: STEPHANIE LIEB Mailing Address: Person in Responsible Charge 135 SOUTH LASALLE STREET 312-835-7993 24/7 Phone Number SUITE 2610 BANK OF AMERICA CHICAGO, IL 60603 Firm Name PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND SEWER AND/OR DRAINAGE FACILI HIES: SEE EXHIBIT "B", ATTACHED 2 Encroachment Permit and Agreement CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT WITAtAM sv2 s5 s . s\Ys.CcsLc� v..Y State of California County of OR14Af(2, On Og 059010 before me SS. hate personally appeared o57L� ff4AJT MAHL\L' G:1AFFAi21 Commission # 1773623 t Notary Public - California Orange County fury Cclrrfm. Expires Oct 16, 2011 Name and Title of Officer (e-g., "Jane Doe. Notary Public" Name(s) of Slgner(s) ❑ personally known to me X proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 / Title or Type of Document: tfCRcff/�% -A' �`0AQ41/Ta,c., A Document Date: � ,o 5/f9010 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name:fhII ❑ Individual ❑ Corporate Officer — Title(s): ri Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact fl Trustee ❑ Guardian or Conservator l Other: f RIGHT THUMBPRINT OF SIGNER Top of thumb here '>g 2+vWOa�r4WW.O.L,Mti: a"aKgA.a ria ars-as`-rr;R:0v :~.... orWE.4".".MeXg ret��:�°se;:"aBMgam' r?r E�1c Signer Is Is Representing: + k t% Aom-e'/ Ca. 01999 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnolary.org Prod. No. 5907 Reorder Call Toll -Free 1-800-B76-6827 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. CITY OF NATIONAL CITY Dated: Ron Morrison, Mayor PERMITTEE: BANK OF AMERICA fit!cif /77 2ct o (Signature of two corporate officers required for Entity/Company corporation) Roa�, Svc Name & Title Signature Name & Title ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: Person in Responsible Charge 24/7 Phone Number Firm Name Mailing Address: PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B", ATTACHED 2 Encroachment Permit and Agreement (Commercial)) Signature LiDtaii.,(4 ut4— (Seal) ACKNOWLEDGMENT State of California County of O a h �e ) On 5u I v 12, 2010 before me, L au (mein NI,`ctie(e C(4414015. ho-ka4-Y P&b/,c (insert name and title of the officer) personally appeared YQ>e. Ph K,yQh who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/ore- subscribed to the within instrument and acknowledged to me that hefshe/hey executed the same in hisThe4thair authorized capacitykigs), and that by hisAier4heif signature(e . on the instrument the person(s4, or the entity upon behalf of which the person(&) 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. r'•LAUREN MICHELE CUMMINS WITNESS my hand and official seal.COMM. # 1857942 2 srJ�r NOTARY PUBLIC • CALIFORNIA bi4 ORANGE COUNTY "''x COMM. EXPIRES JULY 16, 2013 lr SITE PLAN E 7th St 4 PR•PERtr 1NE PROP E RIY LINE - EAdditional BOA Parking 7/7' 1 Property line Curb fa x Curb face ll1n9=F''.S from cu ace to edge of pylon 8c0" from curb face to property line 1 5'.O" I}Q SIGNAGE SPECIFICATIONS Mr Manufacture and Install (1) Pylon Sign CUSTOM Manufacture and Install (1) Customs Awning Re -skin 37" Encroachment by awning 7r 8ae 53•-0' from curb face to edge of pylon 8'-OEa from curb face to property line 59" F From curb face to face of awning E 8th St 116'-0" 53'-0" 37" Encroachment by awning 59•' From curb hoe to face of awning E 8th St 4 4 COAST SIGN 10 C I a p O s A A 1 D tplM1120-4144ngesay N. (114) U-3easm (714) asnae pee trig sap-.wat Date: D7-0,10 Project Ham,:Bane of Amen. Scale: NTS 40*eaa'. 235 Elf. SI. HA CdylSme: National City. CA Solar EN Client Approval: Date: This Is an original unpublished drawing led byC Is, .1 tt for your personal use in conlan t th prof, best. planned for you by Coast Sign Inc.. And shall not be reproduced, used by or deolosed Id any arm or rrpore ial fur any purpose wbeteoerer without written pen.ssion. No. Dot :g nor Date Revision Notes DESIGN DRAWING 1 of 3 Request Number EXHIBIT'A File Location W.\Bank of encalArt\CrawingstoEV-BOA2-0D255 11 X 17 (EauIATE VERSION 80 EXISTING PHOTO- SIGN 1 ENHANCED PHOTO- SIGN 1 SIGNAGE LAYOUTS Mr Air 12'.0" PLAN VIEW FRONT VIEW DIMENSION I FGENO 46 3IB' 52 112' 80 3l4' 204 24' 17' S18' 25.6 33 1 Air Mr Ayr AM 26'4l' 3500' 50'y1' 63 3/4. 15 SM. 90518' 110 3.'B' 13'12114' 27- 20 112• 31y 24318' 36' 29 1/4' 4N' 36' 10112' 12 112' 15' 21 112' 48.0 5] d 98.1 1g50 Specifications: Face• Acrylic Wi first surface 3M vinyl. Colors as shown In legend. Cabinet & Pole Cover- Brakeformed aluminum, painted. Colors as shown in legend. Sign is Illuminated. 13 1'' IJ r. SIDE VIEW COLOR I. EMEND PAINT: Mathews Red #MP 49696 VINYL: 3M #3632-2412 PAINT: Mathews Blue #MP 2167 VINYL: #2632•8222 VINYL 3M A353570 dfluSer NOIE. FOR ATTACHMENT DETAIL SEE PAGE 30 of 30- cSIGN INCORPORATED 1000 Wen Bilker B. Mel*. CA MAIN (21#1MAIN MA P10)110dM) Date: 01.09.10 Project Name: Bank of Amenca Scale: NTS Address: 235E 8111 St. HA City r aura: National City, CA Salo: ER CINnt Oaten sal: Date: This is an aglrwl unpubllnMd drawing Psi byC I Sig I It' ub '11 d for your personal use In ageuncllan wet 0 project being Manneo for you by Coast Sign. Inc.. And Shall not be reproduW . used by or disclosed to any firm or corpIXOgon for any purpose ttlalsoevor wieeul wlill en perm 1551un. NO- Des igner Date Revision Notes DESIGN DRAWING 2 of 3 2 4 6 Request Number EXHIBIT B File Location.. OF Z W (Bank of America'AntDrawings/DEV-BDA2-0D255 // II nt] TEMPA1E VERSION e0 EXISTING PHOTO- SIGN 33 ENHANCED PHOTO- SIGN 33 SIGNAGE LAYOUTS 1 37" t 36-0" SIDE VIEW SIDE VIEW NTS NTS Specifications - Re -skin existing awning wi material to match BOA red. See design control drawings for proper material specifications. Restore frame as required. Fabricator to scale custom vinyls to match visual appearance shown in photo morph. Full color graphic to have thin white outline as shown. Field verify dimensions of awning prior to fabrication. SIGN INCORPORATED 1600 WNW LMeasy r. MMlw, u ran (71A) MAINS .AYE (71e) ebe.SM? Date: 07-09-10 Profeat Nem6:Sans of America SWe: N5 Addees: 235 E gin Sl Drawn: NA City/ State: National City, CA Saw.. ER Client Approval: Dab: This Is an original unpulallsnod Crewing Iedby Co t"g ,In I' b 'heel Mr your -personal usain conluncUon with a protect belno planned for you by Coast Sign, Inc., Pna shall not be reprooucn sed by or dsmsed to any firm or wryaalon Ior any purpose whatsoever wllhoutwntten permission. No Designer Deb Revision Notes DESIGN DRAWING 3 of 3 Re INN Number EXHIBIT B Fire Location: Z OF Q w1een) of AmencnlMIDrawngsiDEV.D0A2.00z55 11 S1) TEMPLCiE VERSION6a RESOLUTION NO. 2010 — 197 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT AGREEMENT WITH BANK OF AMERICA FOR THE MAINTENANCE OF AN OVERHEARD PYLON SIGN AND AN AWNING ENCROACHING THE PUBLIC RIGHT-OF-WAY AT 235 EAST 8TH STREET WHEREAS, Bank of America, owner of the property located at 235 East 8th Street, applied for a building permit for changing the cabinet of the overhead pole sign and re - skinning of the canopy; and WHEREAS, an inspection revealed that the sign and the canopy are encroaching the public right-of-way; and WHEREAS, as required, the Bank of America has executed an Encroachment Agreement promising to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement" executed by the Bank of America. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said Encroachment Agreement. PASSED and ADOPTED this 7th day of Septa 2010. on Morrison, Mayor ATTEST: 2,md ael R. Dallas Mic , City Clerk OVED AS TO FORM: udia G. City Attorn Passed and adopted by the Council of the City of National City, California, on September 7, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 4 h C City Clerk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-197 of the City of National City, California, passed and adopted by the Council of said City on September 7, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT q03•\'.\ MEETING DATE: September 7, 2010 AGENDA ITEM NO. 6 ITEM TITLE: A resolution of the City Council of the City of National City authorizing the Mayor to execute an Encroachment Permit and Agreement with Bank of America for the maintenance of an overhead pylon sign and an awning encroaching the public right of way at 235 E. 8th Street PREPARED BY: Mauro Nebreja DEPARTMENT: Devel PHONE: 619-336-4395 //i APPROVED EXPLANATION: Bank of America, owner of the property at 235 E. 8th Street applied for a building permit for the changing the cabinet of the overhead pole sign and re -skinning of the canopy. Per site visit, the overhead sign and the canopy are encroaching the public right of way as shown on the attached Exhibit A & B. In order that a building permit be issued, an Encroachment Permit & Agreement was requested by Bank of America. An encroachment agreement fee was paid and a notarized copy of the agreement was submitted together with a one million dollar liability insurance certificate. The document has been reviewed and staff recommendation is to approve the Encroachment Permit and Agreement.. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Encroachment Agreement 2. Receipt of Fee Paid 3. Exhibit A and B 4. Insurance Certificate �so‘.vt\oN N0, Gt0-vq RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT AGREEMENT WITH BANK OF AMERICA FOR THE MAINTENANCE OF AN OVERHEARD PYLON SIGN AND AN AWNING ENCROACHING THE PUBLIC RIGHT-OF-WAY AT 235 EAST 8TH STREET WHEREAS, Bank of America, owner of the property located at 235 East 8th Street, applied for a building permit for changing the cabinet of the overhead pole sign and re - skinning of the canopy; and WHEREAS, an inspection revealed that the sign and the canopy are encroaching the public right-of-way; and WHEREAS, as required, the Bank of America has executed an Encroachment Agreement promising to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement" executed by the Bank of America. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said Encroachment Agreement. PASSED and ADOPTED this 7th day of September, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney FEE: $490.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of National City hereby grants an Encroachment Permit to the undersigned, BANK OF AMERICA (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 Exhibit "B", attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: I. 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 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, PERMT] EE 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 1 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 tenninate 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. CITY OF NATIONAL CITY Dated: Ron Morrison, Mayor _0 Vafydo io PERMITTEE: BANK OF AMERICA (Signature of two corporate officers required for Entity/Company corporation) Signature S Name & Title I,109 ISsdrojebtlularogir Name & Title ATTACH NOTARY CERTIFICATION FOR I7HE NAME OF PERMITCEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPL[CANT INFORMATION: STEPHANIE LIEB Mailing Address: Person in Responsible Charge 312-835-7993 135 SOUTH LASALLE STREET 24/7 Phone Number SUITE 2610 BANK OF AMERICA CHICAGO, IL 60603 Firm Name PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B", ATTACHED 2 2 Encroachment Permit and Agreement CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r,• rtt s� C k iQ ektifC�o.#/./rvi�5ti3sadx. '4,tei,,,Zv4�ti.L.a...Li45va,Lio`ry xvs ayCaP<exran a 9v4,-oxe ,:oKit zgog iwgeigvtYCvdv'yisizigC 5 State of California County of 09010 before me, ate personally appeared o i71— - /MA/T� c; MAHTAti GlIAFFARI tr' Commission # 1773623 t Notary Public - California i Orange County _ e NlyC I.ExpkesOcf16,20i1 v Description of Attached Document Title or Type of Document: 11 DODocument Date: L)8/ 51 c90/ 0 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer p ss. Name(,) of Signer(s) ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 7/ Number of Pages: pS 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. Signer's Name: Individual ❑ Corporate Officer — Title(s): ❑ Partner — r1 Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee LI Guardian or Conservator Li Other. Signer Is Representing: _r k ?n9 llo-u et - A (nev RIGHT THUMBPRINT OF SIGNER t:7L 01999 National Notary Association • 9350 De Sob Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 • www nahonalnotary.org Prod. No. 5907 Reorder. Cab Toll -Free 1400-6764827 3 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 tail 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. CITY OF NATIONAL CITY Ron Morrison, Mayor . PERMITTEE: BANK OF AMERICA l(...11 Dated: �! �2 f (Signature of two corporate officers required for Entity/Company corporation) r> , �5 Name & Title Signature Name & Title ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: Person in Responsible Charge 24/7 Phone Number Firm Name Mailing Address: PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B", ATTACHED 2 Encroachment Permit and Agreement (Commercial)) 4 ACKNOWLEDGMENT State of California County of 0 4- a in y-e On 3-al`/ !2 , 2 of o t au Val Nt;cele Ca,n4i.ihs, ho-ialry publ%c (insert name and title of the officer) personally appeared Jo Se p who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/ate subscribed to the within instrument and acknowledged to me that he#sho{they executed the same in his#Hefithei-Fauthorized capacity-0es), and that by his##jetItheir signature($ on the instrument the person(s), or the entity upon behalf of which the person(s) 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 hand and official seal. Signature 49!x:e �rtd4'— � LAUREN MICHELE CUMMINS ern �iri,� COMM. # 1857942 r."W. ABM NOTARY PUBLIC - CALIFORNIA 2 LcliA ORANGE COUNTY t. COMM. E1(PtRES JULY lc 20134. (Seal) 5 CALIFORNIA NAT LAN L CITry •\ J-n47�_ rNCORYORIITEU DEVELOPMENT SERVICES DEPARTMENT ENGINEERING DIVISION PAYMENT TRANSMITTAL Date: 747///D PN No.(s) n PropertyOwne/r:�[ �LO�0 fr/C4 Contractor: (C'CJ / S: D k / ' g' 'I sf Project Address: Permit No. City Staff: Phone: j_ 5Sal- �7 Phone: f National City, CA 91950 T & A number cross reference: ❑ existing ❑ new (send with T & A transmittal) Sidewalk, Driveway, Curb Permit X $ 297.00 Special Driveway Permit X $ 368.00 Grading Construction Permit Traffic X $ 396.00 Control Plan Check X $ 476.00 Traffic Impact Study Review <3000 vehicles X $ 3,416.00 Traffic Impact Study Review >3000 vehicles X $ 6,833.00 Annual Parking District Renewal Rood X $ 35.00 Hazard Area Permit X $ 201.00 Utility Company Permit Fee X $ 512.00 Sewer Permit Deferral X $ 381.00 X $ 670.00 Easement Check X $ 796.00 Encroachment Agreement X $ 553.00 Engineering Compliance Fee X $ 553.00 Investigation Fee X $ 170.00 Lot Line Adjustment X $ 1,259.00 Record of Survey X $ 796.00 Copy Service - Plans (D Sheets) X $ 21.00 Copies (first page) X $ 1.00 additional pages standard 8 1/2 x 11 color, 8 1/2 x 11 Oversize, standard Oversize, color X $ 0.15 $ 0.25 $ 0.50 $ 1.00 X X X 001-06029-3130 001-06029-3142 001-06029-3144 001-06029-3146 001-06029-3147 001-06029-3160 001-06029-3585 001-06029-3634 Total Transmitted $ yi/ D _?(,) ENG-099 7-1 -20i 0 CITY OF NATIONAL CITY Finance Department 619 336-4330 National City 2 / 36340 07/21/2010 11:25:50.000 Validation Receipt Reg WXPCASHF1 CHARGES- 001-06027-3585 GF0635 coast sign $ 490.00 Sub -total $********490.00 PAYMENT - Check - 039169 $ 490.00 coast sign Change $**********0.00 THANK YOU! Business Hours: 7:00 - 6:00 Monday through Thursday Closed on Fridays 7 l — \ SIGNAGE SPECIFICATIONS' 0MrManufacture and Install (1) Pylon Sign ©CUSTOM Manufacture and Install (1) Custom Awning Re-slOn t N yMW. Sobs., Se Idobis.la IIIIMS MODSWOW MIA crib amen wab.10 ►r.I.0 M.w:Ave rwrw•• Stow Seems nil ESA sr arms IU de, lbrr nano City, G Woe: Car/gP-.t Orr M u w angina wrAelnnst MMM ve ad by Cowl ebn, Ins Me IWMWO tan le grwntl we m Cryuldw SIN • Pger nrnp Forma for yw to, Caws Sian, Mc., And MCA nal be rewar,wa last by r a—s.d in any INn r ovy btn b Cry owes •IVren * .entree pe oletlon. Me. Owbnar b•u Revision Most DESIGN DRAWING 1 of 3 Rogow Number Fun LOCrSU wya•sa 01 MIrinr 0O,Sem0ISEV-5O 2.Wifi6 EXHIBITA 11 X 111Ew1A1E VEennM /,a 'EXISTINGPHOTO- SIGN :'I ENOANCEMPHOTO,tiON 1 sIGNtAGE LAYOUTS PDT n Air 12-0' PLAN VIEW FRONT VIEW VS to ' 'z3 n 46318' 80316' 20' 15' 82 2 5'8' 60. Pl. 25.6 At, 18 0' 621e' 911 AI. Aar Ale AM 63314' 11038 22' 2012' 75 5 l8' 10.111 30. 2 a 318' 90 618' 12.2111' 1e' 29114' 13'.1316' 16.7' 68' 36' 10112' 12112' IS' 21 112' IS 62,8 195,0 SDeciffcationa: Fate. Acrylic WI first surface 3M nnyl. Colon as shown in legend. Cabinet I Pole Cover. f3raSefonmd aluminum, painted. Colon atshown in legend. Signi6NUM' Sated. SIOE VIEW COLOR LEGEND F.INT: MaNrN RW MI VINYL: 3M a3832-2ar2 • PAINT: Manse 8 nIP 2162 VINYL: S3832.11222 Ea 0 SAINT Champagne Mask Mathew, SNIP 21314 VINYL: 3M 53635.20 d2ueer NOTE. FOR ATTACHMENT ()ETA!! . SEE PAGE 30 of 30. SIGN I N C O a P O■ A t a 0 it Wow Iowa, e. /arm,as Nr MO) pi99/AApN9 ae.arr be: 01,09-10 Se. 0r Amens NTS ~oms 235 EBN81. Drama: City 1 Nb' NMWIe1 Gry, CA Sala. CYMIAppMr: Data: The is an wpnal ulsu0la6a0 olawlnp too oy Coast Sp I c I MNt.O r« y01, personal in[MluttllglWti MONS owns Monroe !or you oy Coen ego, Int, Ma snail not oe Iaprooua0, uses fly VI Oatl0eao 10 any firm 01 currparawn for any purpose onaaoe0W vaMqulWtuan primiloolon. No Data Revlalen NOOM DESIGN DRAWING 2 of 3 2 Request Number'. EXHIBI B FN La.., 1 F' WISMS of AmMrcaLSMOrewingSIDEV-90A2'00255 11217 TFMP'I.Att VERS:Lw` 10 NG Pk SIGN-33 CD PHOTO- SIGN 33 rr�rer SIGNAGE LAYOUTS 37• 1 1 36,-p. SIDE VIEW SIDE VIEW NTS NTS Soecifications• Re -skin existing awning w/ material to match BOA red. See design control drawings for proper material specifications. Restore frame as required. Fabricator to scale custom vinyls to match visual appearance shown In photo morph. Full color graphic to have thin white outline as shown. Field verify dimensions of awning prior to fabrication. v SIGN INCOMPOIATED MA SW Wm. t s_WYNa VON IT416►f1Y ew P14 der. DPe: 074G10 rniea N.nw:Elam atM.wvi leer; NTS AoSomw 236 Ede St -: NA Near) Cp, CA lalec ER CMPIAdPwP De: 7.6 N A, agnM utpmYw»a O aweN by Car son kit s enYWd Wyo." patwne w In w lfrl00an MN Papa 0eeg pswwd for you try Ca.O Sign, kit.. Mc' Pr not n nplpdund, mad by or 06,41s.1 O Py mm or 6.y6,ey0n tr pay p+mpe .nerows MroutwRlenpemMYan N. Deign. DOS Mvhbn Norma DESIGN DRAWING 3 of 3 e Pequet Nuntx EXHIBIT B Fug Lwtwn. ae OF 2 Wlsenk M M WOAtMngelOEV-BOA2-0026b 11 z It1EMPUR VERSION Sa I • • DATE (MM/DD/YYTY) L/ I 07/16/2010 PRODUCER Marsh USA Inc. CA Non Resident No. OB22889 100 North Tryon Street, Suite 3200 Charlotte, NC 28202 Attn: Fax: 704-374-8500 055943-AA-I-10-11 CA011 CA 235EA CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Bank of America Corporation and any and all subsidiaries Mail Code NCI-005-10-09 121 West Trade Street Charlotte, NC 28255 INSURER& N/A INSURER e: Old Republic Insurance Co INSURER C' Lexington Insurance Company N/A 24147 19437 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 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 ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADO'L INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMDD/YYYY) W POLICY EXPIRATION DATE (YIIIDD/YYYY) UNITS B GENERAL X UABB.ITY COMMERCIAL GENERAL LIABIL ITY WZY58886 08/01/2010 08/01/2011 EACH OCCURRENCE $ 1.000.000 DAMAGE TO RENTED PREMISES(Eaoccurrence) ExExcludedM$ CLAIMS MADE I %{ )OCCUR MED EXP An ( Yone person) $ Excluded GENERAL X PERSONAL &ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 1,000,000 LIMIT APPLIES PER AGGREGATEEL POLICY I JECT pi LOC PRODUCTS - COMP/OP AGO $ 2,000,000 AUTOMOBILE LIABIUTY ANY AUTO ALL OWNED AUTOS COMBINED SINGLE LIMIT (Ea accdent) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ - _ -- $ WORKERS EMPLOYERS' ANY PROPRIETOR/PARTNERJEXECUTIVE OFFICER/MEMBER (Mendntory SPECIAL PROVISIONS COMPENSATION AND LIABILITY Y/N t=-L I WC STATU- OTH- 1TORY1 IMITS FR E.L. EACH ACCIDENT $ EXCLUDED? E.L DISEASE - EA EMPLOYEE $ m NH) Ii yes, describe under below DISEASE - POLICY LIMIT $ C OTHER REAL & PERSONAL 087711986 05/01/2010 05/01/2011 SPECIAL CAUSES OF LOSS INCLUDING RENTS 50,000,000 Deductible per policy Replacement Cost Value DESCRIPTION MH ID CA0-113: The City of National public way (specifically, OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS Owned premises for the National City Branch at 235 East Eighth Street, National City CA 91950 City and its officers, agents and employees are additional insured only in respect to the existing building improvements that reside in the the fabric awning and metal canopy at the south building elevation that cross the 8th Street property line). CERTIFICATE HOLDER ATL-002148335-02 CANCELLATION City of National City Development Services 1243 National City Boulevard National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RE PRESENTATIVE of Manch Letitia I. Sobota ACORD 25 (2009/01) ®1998-2009 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD 11 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Acord 25 (2009/01) 12 ADDITIONAL INFORMATION PRODUCER Marsh USA Inc. CA Non Resident No. OB22889 100 North Tryon Street, Suite 3200 Charlotte, NC 28202 Attn: Fax: 704-374-8500 055943-AA-I-10-11 CA011 CA 235EA ATL-002148335-02 DATE (MWoom) 07/16/2010 INSURERS AFFORDING COVERAGE NAIL # INSURED Bank of America Corporation and any and all subsidiaries Mail Code NC 1-005-10-09 121 West Trade Street Charlotte, NC 28255 INSURER F: INSURER G: INSURER H: INSURER I: TEXT The General Liability limit shall not exceed the amount stated in the contract between Bank of America Corporation and the certificate holder. CERTIFICATE HOLDER City of National City Development Services 1243 National City Boulevard National City, CA 91950 13 NATI CALIFQ;R.NL.A m OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax BANK OF AMERICA RESOLUTION NO. 2010 —197 Adopted September 7, 2010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT AGREEMENT WITH BANK OF AMERICA FOR THE MAINTENANCE OF AN OVERHEARD PYLON SIGN AND AN AWNING ENCROACHING THE PUBLIC RIGHT-OF-WAY AT 235 EAST 8TH STREET Received 1 Fully Executed Original Encroachment Agreement Signature (\''\ CV)e r^---‘ I v) Print Name Date i A+(Q Re\eij44. 1310 INCORPOR AT E D WBE `k Rick Graham Senior Business Manager Project Management e-ma II: rick.grahamvcoastsign.com 1500 W. EMBASSY STREET ANAHEIM, CALIFORNIA 92802 PHONE: (714) 520-9144 DIRECT LINE: (714) 999-1998 CELL: (760) 586-6471 FAX: (714) 520-5847 www.coastsign. corn