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HomeMy WebLinkAbout2012 CON (Encroachment Agreement) Norman Sutter - Awning 2813 - 2821 Highland AvenuePLEASE CCrPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 151C9 D O C # 2012-0498653 I IIIIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII AUG 21, 2012 1:28 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 52.00 PAGES 13 IIIIII IIIII IIIII IIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII THIS SPACE FOR RECORDER'S USE ONLY ENCROACHMENT AGREEMENT: With Norman C. Sutter for the Installation of and Continued Maintenance of an Awning Located in the Public Right -of -Way at 2813 to 2821 Highland Avenue (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION 15110 FEE: $490.00 ENCROACHMENT AGREEMENT (Commercial) This Encroachment Agreement and Permit (Agreement) is entered into this q TM day of 3v >ry , 20 V 1, by the City of National City, a municipal Business, (City) and Norman C. Sutter (Business). RECITALS A. City holds an easement for a public right-of-way over that portion of the westerly forty feet of the property located at 2813 to 2821 Highland Avenue APN 563 121 0300, referred to herein as the "Easement"; and B. Business desires to construct, install, and maintain an awning (hereafter referred to as the "Encroachment") within the City's Easement; and C. City has the authority to regulate the terms and conditions for the use of its Easement for the construction, installation, and maintenance of the Encroachment pursuant to Chapter 13.12 of the National City Municipal Code. NOW, THEREFORE, City hereby grants to Business the right to encroach onto the City's Easement, subject to the following terms, covenants and conditions to which Business and City agree: 1. Description of Encroachment. Business owns that certain real property commonly known as 2813 Highland Avenue and more particularly described in Exhibit "A". Business seeks to install, construct, and maintain the Encroachment within the Easement or other public property of the City of National City, County of San Diego, State of California. The location and description of the Encroachment is described and depicted in `B", attached and incorporated herein. 2. Removal and Relocation. Upon notification in writing by City's City Engineer, the above described Encroachment shall be abandoned, removed or relocated by Business at Business' sole expense. When removal or relocation are required, Business shall return the Easement on which the Encroachment was located to a safe and satisfactory condition in accordance with the construction related conditions and specifications as established by the City according to its standard practice. Should Business fail to remove or relocate the Encroachment within thirty (30) days after notice of removal or relocation from the City, City may cause such removal or relocation to be done. at Business' sole cost and expense. 3. Maintenance. Page 1 of 5 Encroachment Agreement - Commercial 155111 Business shall maintain the Encroachment and the Easement over which the Encroachment is located in a neat, clean, safe and sanitary condition at all times at the sole cost, risk and responsibility of Business. 4. Recording. Business shall record this Agreement with the Office of the County Recorder, County of San Diego. Business shall pay the recording fee. This Agreement shall not be effective until it has been recorded and a conformed copy has been delivered to the City Clerk. 5. Successors in interest. This Agreement shall be binding on the assigns and successors of Business. 6. Indemnification and Hold Harmless. Business 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 directly or indirectly, in whole or in part, out of the activities of Business described in this Agreement, except to the extent arising from the City's sole intentional or negligent acts. 7. Insurance Business and each successor in interest or assign shall take out and maintain, during the time the Encroachment remains on City's Easement, commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily injury and property damage arising out of this 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 Agreement, Business shall furnish City a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should Business fail to do so, City may elect to obtain such coverage at Business's expense or immediately terminate this agreement. 8. Bonds. Prior to final execution of this Agreement, Business shall provide City with a performance bond naming City as obligee in the amount equal to one -hundred percent (100%) of value of the construction and installation of the Encroachment within and affecting the Easement to guarantee and assure the faithful performance of Business' obligations under this Agreement. City shall have the right to draw against the bond in the event of a default by Business or in the event that Business fails to meet and fully perform any of its obligations, only after providing Business with notice and an opportunity to cure. The form of the bond shall be subject to reasonable approval of the City Engineer. The bond shall remain in full force until one year after the construction and installation of the Encroachment is completed, inspected and accepted by the City Engineer. The Section Page 2 of 5 Encroachment Agreement - Commercial 15112 shall not be construed to eliminate or reduce Business' continuing obligation to repair any damage to the Easement resulting from the installation of the Encroachment. 9. Chapter 13.12 of the National City Municipal Code Business specifically acknowledges and agrees to the terms and conditions applicable to encroachments set forth in Chapter 13.12 of the National City Municipal Code, which are incorporated herein. 10. Acceptance Required. This Agreement is not valid and confers no rights to install and maintain the Encroachment until it is accepted by the Business. 11. Business License Requirement. Business shall obtain a business license from City prior to the execution of this Agreement by City. 12. City's Rights. Business agrees that City's rights to the Easement are paramount to this Agreement. Business shall in no way interfere with City's right to use, access, or possess the Easement. 13. Alterations and Improvements. Business shall make no further improvements or alterations affecting the Easement. In no event shall any improvements or alterations be made or approved that interfere, in any way, with the City's use of the Easement. 14. Damage to Easement. Business shall be responsible for any damage to City's Easement due to the construction, installation or maintenance of the Encroachment, and Business shall repair, replace and restore in kind the damaged Easement in accordance with City standards at Business's sole expense. 15. Termination. This Agreement is terminable at will by the City and by Business. Business shall vacate the Easement at any time upon receipt of a written notice of termination from the City. Additionally, a notice of such termination, recordable in form, may be recorded in the Office of the County Recorder, County of San Diego. 16. Notices. Any notice provided by this Agreement or required by law to be given or served upon City or Business, may be given or served by depositing the same in the United States Mail, postage prepaid, addressed as follows: Page 3 of 5 Encroachment Agreement - Commercial 15113 To City: City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 To Business: NOR TYN PIN c . S (A-1-E R t IGHLAN D Ave WAoc1aNAt.ctrj, cAQ19So (619) `411-%�7a 24 hour contact number 17. Entire Agreement. This Agreement contains the entire agreement between the parties and no term or provision may be changed, waived, discharged or terminated unless made in writing and executed by both parties. IN WITNESS THEREOF, the parties have caused this Agreement to be executed in duplicate on the date and year first written herein. Date: 3N/2 Attest: CITY OF NATIONAL CITY Page 4 of 5 Encroachment Agreement - Commercial Dated: a 01Z Dated: 15114 BUSINESS Signature PRoPERri co.)NER/ isn NRGFR Title {v6RY \f C . Printed Name Signature Title Printed Name �Cc1c1) ''i-`i - 24 hr. Phone Number ATTACH NOTARY CERTIFICATION FOR THE BUSINESS. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED Page 5 of 5 Encroachment Agreement - Commercial 15115 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SC PD ){2 (� i_ On i - I 0 a before me, Ma(W S U� Z / kbf f, p,.1.bt Date He a sert Name andTit the Cificer M © (MOO CAOw' 1-es personally appeared } Name(s) of Signer(s) MARCOS VALDEZ Commission • 1823843 Notary &Mk - CaNtttli Sot Di* Cooly 1 ♦ MANCOs 21;10- Z Nelsty Oralic - WW1* 0140 Cooly Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(4 is/g,re subscribed to the within instrument and acknowledged to me that he/sJXe/tpy executed the same in his/fixer/their authorized capacity(ieg), and that by his/lyefr/theeir signature(,a'f on the instrument the person), 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 o> iciatt eal. Signature OPTIONAL Signature of Notary 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 ( �l � Title or Type of Document: Fl Dr 0 a(iltl � 1 i1t 0at1 t r n f ea t Document Date: 9 `" 1) Number of Pages: 5— Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) �? Signer's Name: NO(ManCif ICS S�.`k+€f Signer's Name: Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee LJ Guardian or Conservator C 1 Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑ Partner — ❑ Limited ❑ General Li Attorney in Fact ❑ Trustee Guardian or Conservator Other: Signer Is Representing• RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth. CA 91313-2402• www.NationalNotary.org Item 5907 Reorder Call Toll -Free 1-B00-B76-6827 EXHIBIT. A A portion of Highland Avenue 2 Feet in width and 75 feet in length in 20 Acre Lot 3 of Quarter Section 134 of RANCHO DE LA NACION, in the City of National City, County of San Diego, State of California, according to the Map thereof No. 166, filed in the Office of the Recorder of said San Diego County, described as follows: Beginning at a point on the Easterly line of Highland Avenue that is 210 feet Northerly from the Northwest corner of Lot 1, Block 1 of Irving Place, according to the Map thereof No. 1552, and filed in the Office of the Recorder of said San Diego County; thence Westerly at right angles a distance of 2 feet; thence Northerly along a line that is 2 feet West of and parallel to the Easterly line of Highland Avenue a distance of 75 feet; thence Easterly at right angles a distance of 2 feet to a point on the Easterly line of Highland Avenue; thence South along the Easterly line of Highland Avenue a distance of 75 feet to the Point of Beginning. 2 FT APN 563 121 :JDO AREA OF E\COACHN11E\T INTO HIG LAND AV \UE 15119 RESOLUTION NO. 2012 — 170 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AND AGREEMENT WITH NORMAN C. SUTTER FOR THE INSTALLATION OF AND CONTINUED MAINTENANCE OF AN AWNING LOCATED IN THE PUBLIC RIGHT-OF-WAY AT 2813 TO 2821 HIGHLAND AVENUE WHEREAS, Norman C. Sutter, the owner of the property at 2813 through 2821 Highland Avenue, has proposed to install an ornamental awning to the front of the commercial building on the property in order to enhance the aesthetics of the commercial building; and WHEREAS, an Encroachment Permit and Agreement are required for the installation of the awning because the building was constructed with a zero setback along Highland Avenue, and when the awning is installed, it will encroach two feet into the public right- of-way. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Encroachment Permit and Agreement with Norman C. Sutter, the owner of the property at 2813 through 2821 Highland Avenue, for the installation of an awning within the public right-of-way. Said Encroachment Permit and Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of August, ATTEST: Mic , ity C el R. Dallalerk APPROVED AS TO FORM: City Attor n Morrison, Mayor 15120 Passed and adopted by the Council of the City of National City, California, on August 7, 2012 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-170 of the City of National City, California, passed and adopted by the Council of said City on August 7, 2012. 1.i2 it)ArA City erk of the City of ational City, California By: Deputy This certifies that CERTIFICATE OF INSURANCE ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois E STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois v STATE FARM FIRE RE AND CASUALTY COMPANY. u_rbcrougi1, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Name of policyholder NORMAN C SUTTER 1512.E Address of policyholder 2821E HIGHLAND AVE STE 2813-2819 NATIONAL CITY CA 91950 Location of operations SAME Description of operations SUSINESS POLICY The policies listed below have been issued to the poi cyholder for the policy periods shown. The insurance described in these policies is subject to all the terns exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date ; Expiration Date LIMITS OF LIABILITY (at beginning of policy period) 90-BX-M798-2 Comprehensive 05/11/2012 05/11/2013 BODILY INJURY AND 90-BX-M798-2 B Business Liability 05/11/2012 05/11/2013 PROPERTY DAMAGE This insurance includes: ® Products - Completed Operations ® Contractual Liability ❑ Underground Hazard Coverage Each Occurrence $ 3, 000, 000 ® Personal Injury ►�4 Advertising Injury General Aggregate $ 6, 000, 000 ❑ Explosion Hazard Coverage ■ Collapse Hazard Coverage Products - Completed $ 0 REPLACEMENT COST ON COVERED ITEMS Operations Aggregate /1 BUILDING IMPROVEMENT COVERAGE POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date 1 Expiration Date (Combined Single Limit) ❑ Umbrella Each Occurrence $ ■ Other Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY Workers' Compensation and Employers Liability Each Accident $ Disease Each Employee $ Disease - Policy Limit $ S,(ttlaota, s►ttgaoi3 qa-gx-er.-1 qg -a f30SttvESS QRoP POLICY PERIOD LIMITS OF LIABILITY rPOLICY NUMBER TYPE OF INSURANCE Effective Date 1 Expiration Date (at beginning of policy period) ( 90-BX-M798-2 BUSINESS PROP 05/11/2012 05/11/2013 NONE NONE - SC-H..-i^7_8-2 & TLDING COV t 05/11/2012 • 05/11/2013 .- .-,3 4S i-'00. _. CLD- ex-M-I(B-'a etth-Di NG GOV Slit/aota i 511440(3 THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. ENDORSEMENTS If any of the described policies are canceled before 438BFU LENDERS LOSS PAYABALE END. its expiration date, State Farm will try to mail a written - TENANTS IMPORVEMENTS AND BETTERMENTS COVERAGE notice 10 the certificate holder 30 days before Name and Address of Certificate Holder ADD'L INSURED: CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 550.944 8.3 04-1999 Printed in U.SA.. cancellation. If however, we fail to mail such notice, no obligation or liability will be imposed on State Faml,or,,its agents or r e�nta s. Sii*aire of Authorized Representative LCRENA LOERA 05,21/2012 Date Titre Agent's Code Stamp AFO Code 410 ATTEST: RESOLUTION NO. 2012 — 170 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AND AGREEMENT WITH NORMAN C. SUTTER FOR THE INSTALLATION OF AND CONTINUED MAINTENANCE OF AN AWNING LOCATED IN THE PUBLIC RIGHT-OF-WAY AT 2813 TO 2821 HIGHLAND AVENUE WHEREAS, Norman C. Sutter, the owner of the property at 2813 through 2821 Highland Avenue, has proposed to install an ornamental awning to the front of the commercial building on the property in order to enhance the aesthetics of the commercial building; and WHEREAS, an Encroachment Permit and Agreement are required for the installation of the awning because the building was constructed with a zero setback along Highland Avenue, and when the awning is installed, it will encroach two feet into the public right- of-way. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Encroachment Permit and Agreement with Norman C. Sutter, the owner of the property at 2813 through 2821 Highland Avenue, for the installation of an awning within the public right-of-way. Said Encroachment Permit and Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of August, n Morrison, Mayor Mic a, ity Clerk el R. Doll APPROVED AS TO FORM: IA au. is • ua Sil City Attorr - Passed and adopted by the Council of the City of National City, California, on August 7, 2012 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 12j City CI rk of the City o National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-170 the City of National City, California, passed and adopted by the Council of said City on August 7, 2012. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT `>,p?�- \`-1 -Ei MEETING DATE: August 7,2012 •ITEM TITLE: Resolution of the City Council of the City of National City accepting and authorizing the Mayor to sign an encroachment agreement with Norman C. Sutter for the installation and continued maintenance of an awning at 2813 to 2821 Highland Avenue AGENDA ITEM NO. 15 PREPARED BY: Charles Nissley PHONE: 336-4396 EXPLANATION: See attached • DEPARTMENT: Development Services -Engineering Division APPROVED BY: 2 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. Explanation 2. Encroachment Agreement 3. Exhibit A 4. Exhibit B 5. Resolution EXPLANATION Norman C. Sutter, the owner of the property at 2813 through 2821 Highland Avenue, in order to enhance the aesthetics of the commercial building, has proposed to install an ornamental awning to the front of the building. The awning is twenty-seven feet long, two feet wide and two feet high and will be placed with a height of eight feet from the ground to the lowest portion of the awning, as shown in Exhibit "A" of the encroachment agreement. Because the building was constructed with a zero setback along Highland Avenue, the awning when installed, will encroach a two feet into the City reserved Right - of -Way. Norman C. Sutter is requesting that the City enter into an encroachment agreement to allow the installation and continued maintenance of the awning. Staff recommends that Council approve the encroachment Agreement. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AND AGREEMENT WITH NORMAN C. SUTTER FOR THE INSTALLATION OF AND CONTINUED MAINTENANCE OF AN AWNING LOCATED IN THE PUBLIC RIGHT-OF-WAY AT 2813 TO 2821 HIGHLAND AVENUE WHEREAS, Norman C. Sutter, the owner of the property at 2813 through 2821 Highland Avenue, has proposed to install an ornamental awning to the front of the commercial building on the property in order to enhance the aesthetics of the commercial building; and WHEREAS, an Encroachment Permit and Agreement are required for the installation of the awning because the building was constructed with a zero setback along Highland Avenue, and when the awning is installed, it will encroach two feet into the public right- of-way. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Encroachment Permit and Agreement with Norman C. Sutter, the owner of the property at 2813 through 2821 Highland Avenue, for the installation of an awning within the public right-of-way. Said Encroachment Permit and Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of August, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney FEE: $490.00 ENCROACHMENT AGREEMENT (Commercial) This Encroachment Agreement and Permit (Agreement) is entered into this of day of 3 v L i , 20 , by the City of National City, a municipal Business, (City) and Norman C. Sutter (Business). RECITALS A. City holds an easement for a public right-of-way over Avenue t portion APN 563 121 westerly forty feet of the property located at 2813 to 2821 Hight and 0300, referred to herein as the "Easement"; and and maintain an awning (hereafter B. Business desires to construct, install, referred to as the "Encroachment") within the City's ii�eterms and conditions for the use of itse nt; and C. City has the authority to regulate Easement for the construction, installation, and maintenance of the Encroachment pursuant to Chapter 13.12 of the National City Municipal Code. NOW, THEREFORE, City hereby grants to Business the right to encroach onto the City's Easement, subject to the following terms, covenants and conditions to which Business and City agree: 1 Description of Encroachment. Business owns that certain real property commonly known as 2813 Highland Avenue and more particularly described in Exhibit "A". Business seeks to install, construct, and maintain the Encroachment within the Easement or other public property of the City of National City, County of San Diego, State of California. The location and description of the Encroachment is described and depicted in "B", attached and incorporated herein. 2. Removal and Relocation. Upon notification in writing by City's City Engineer, the above described Encroachment shall be abandoned, removed or relocated by Business at Business' sole expense. When removal or relocation are required, Business shall return the Easement on which the Encroachment was located to a safe and satisfactory condition in accordance with the construction related conditions and specifications as established by the City according to its standard practice. Should Business fail to remove or relocate the Encroachment within thirty (30) days after notice of removal or relocation from the City, City may cause such removal or relocation to be done at Business' sole cost and expense. 3. Maintenance. Page l of 5 Encroachment Agreement - Commercial Business shall maintain the Encroachment and the Easement over which the Encroachment is located in a neat, clean, safe and sanitary condition at all times at the sole cost, risk and responsibility of Business. 4. Recording Business shall record this Agreement with the Office of the County Recorder, County of San Diego. Business shall pay the recording fee. This Agreement shall not be effective until it has been recorded and a conformed copy has been delivered to the City Clerk. 5. Successors in interest. This Agreement shall be binding on the assigns and successors of Business. 6. indemnification and Hold Harmless. Business 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 directly or indirectly, in whole or in part, out of the activities of Business described in this Agreement, except to the extent arising from the City's sole intentional or negligent acts. 7. Insurance Business and each successor in interest or assign shall take out and maintain, during the time the Encroachment remains on City's Easement, commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily injury and property damage arising out of this 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 Agreement, Business shall furnish City a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should Business fail to do so, City may elect to obtain such coverage at Business's expense or immediately terminate this agreement. 8. Bonds. Prior to final execution of this Agreement, Business shall provide City with a performance bond naming City as obligee in the amount equal to one -hundred percent (100%) of value of the construction and installation of the Encroachment within and affecting the Easement to guarantee and assure the faithful performance of Business' obligations under this Agreement. City shall have the right to draw against the bond in the event of a default by Business or in the event that Business fails to meet and fully perform any of its obligations, only after providing Business with notice and an opportunity to cure. The form of the bond shall be subject to reasonable approval of the City Engineer. The bond shall remain in full force until one year after the construction and installation of the Encroachment is completed, inspected and accepted by the City Engineer. The Section Page 2 of 5 Encroachment Agicc,vent-Commercial shall not be construed to eliminate or reduce Business' continuing obligation to repair any damage to the Easement resulting from the installation of the Encroachment. 9 Chapter 13.12 of the National City Municipal Code Business specifically acknowledges and agrees to the terms and conditions applicable to encroachments set forth in Chapter 13.12 of the National City Municipal Code, which are incorporated herein. 10. Acceptance Required. This Agreement is not valid and confers no rights to install and maintain the Encroachment until it is accepted by the Business. 11. Business License Requirement. to the execution of this Business shall obtain a business license from City prior Agreement by City. 12 Citv's Ruts. Business agrees that City's rights to the Easement are paramount to this Agreement. Business shall in no way interfere with City's right to use, access, or possess the Easement. 13. Alterations and Improvements. Business shall make no further improvements or alterations affecting the Easement. In no event shall any improvements or alterations be made or approved that interfere, in any way, with the City's use of the Easement. 14. Damage to Easement. Business shall be responsible for any damage to City's Easement due to the construction, installation or maintenance of the Encroachment, and Business shall repair, replace and restore in kind the damaged Easement in accordance with City standards at Business's sole expense. 15. Termination. Business. Business shall This Agreement is terminable at will by the City and by vacate the Easement at any time upon receipt of a written notice of termination from the City. Additionally, a notice of such termination, recordable in form, may be recorded in the Office of the County Recorder, County of San Diego. 16. Notices. law to be given or served Any notice provided by this Agreement or required by upon City or Business, may be given or served by depositing the same in the United States Mail, postage prepaid, addressed as follows: Page 3 of 5 Encroachment Agreement - Commercial To City: City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 To Business: NOR rmp+v c•Stn-T-ER % %I ti%Glit.AND AVE NATIt>NAL CtTy, CA c t950 caw) W11-% -/Z 24 hour contact number 17. Entire Agreement. This Agreement contains the entire agreement between the parties and no term or provision may be changed, waived, discharged or terminated unless made in writing and executed by both parties. IN WITNESS THEREOF, the parties have caused this Agreement to be executed in duplicate on the date and year first written herein. Date: Attest: Michael Dalla, City Clerk Agreed as to form: Claudia G. Silva, City Attorney CITY OF NATIONAL CITY Ron Morrison, Mayor Page 4 of 5 Encroachment Agreement - Commercial Dated: S U L`i a o va Dated: BUSINESS cswrxaty Signature PRoP�R``+ NER/tA liGeR Title t.1oRYhAt• c . Sv �A Printed Name Signature Title Printed Name ((oiQ) - FS�1a 24 hr. Phone Number ATTACH NOTARY C���EDGEMENT NOTARY ONLY. BUSINESS. USE CALIFORNIA ALL BUILDINGPLAT SHOWING LOCATION OF EASEMENTS R RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED Page 5 of 5 Encroachment Agreement - Commercial CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SatAD 1-€(;)Date On ` 1 0 - �Ut before me, Name an M 0 (WW1C o4es S f�ltk i Name(s) of Signer(s) personally appeared utr I Q b it the O'1icer iiL who proved to me on the basis of satisfactory evidence to be the person(K) whose name(g) is/0 subscribed to the within in trument and acknowledged to me that he/4'e/t0ey executed the same in his/pier/tWeir authorized capacity(io), and that by his/lye/tJ it signature(('] on the instrument the person), 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 a I. Signature OPTIONAL Though theand could prevelnt fraudulent removal and reattaow is not required by law, it c hvaluableprove reattachment of this form torrelyingsons document information another document. Description of Attached Document act, An J �p D �n Title or Type of Document: FrICX 0 a C L (i tt & v� r `&L F Document Date: 1 ` 9 - 19-- Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) } �1arw s V LtA.He aBert Signature o1 Notary Public Place Notary Seal Above Signer's Name: N 0ovta C, 1a Ci Mei Individual ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top Of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited Li General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 02007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402•www.NationalNotary.org Item 715907 Reorder: Call Toll -Free 1-800-876-6827 This certifies that CERTIFICATE OF INSURANCE ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois E5 STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois STATE FARM FIRE AND CASUALTYCOMPArtt, Scarborough, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Name of policyholder NORMAN c SUTTER Address of policyholder 2621B HIGHLAND AVE STE 2813-2819 NATIONAL CITY CA 9 950 SAME Location of operations Description of operations BUSINESS POLICY lclods shown The insurance described in these policies is The policies listed below have been issued to the policyholder for the po icy periods subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY NUMBER 90-BX-M798-2 90-BX-M798-2 This insurance includes: POLICY NUMBER 90-BX-M798-2 _ ..-3X-M19 8 TYPE OF INSURANCE Comprehensive Business Liability POLICY PERIOD Effective Date ration Date 05/11/2012 : 0.5/11/2013 05/11/2012 05/11/2013 IS Products - Completed Operations Contractual Liability ❑ Underground Hazard Coverage ® Personal injury ® Advertising Injury ❑ Explosion Hazard Coverage ❑ Collapse Hazard Coverage ®REPLACEMENT COST ON COVERED EDBUILDING IMPROVEMENT COVERAPOGE PERIOD Effective Date Expiration Date EXCESS LIABILITY ❑ Umbrella ❑ Other Workers' Compensation and Employers Liability ITEMS POLICY PERIOD TYPE OF INSURANCE Effective Date ; Expiration Date BUSINESS PROP ^ntILDING COV 05/11/2012 05/11/2013 LIMITS OF LIABILITY (at beginning of policy period) BODILY INJURY AND PROPERTY DAMAGE Each Occurrence General Aggregate Products - Completed Operations Aggregate $ 3,000,000 $ 6, 000, 000 $ BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) Each Occurrence $ Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY Each Accident $ Disease Each Employee $ Disease- Policy Limit $ LIMITS OF LIABILITY (at beginning of policy period) 05/11/2012 05/11,2012 c451,400 EITHER THE CERTIFICATE EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICYCT OF INSURANCE AND NDESCRIBED HEREIN.AFFIRMATIVELY NOR NEGATIVELY AMENDS,If any of the described policies are canceled before ENDORSEENTS its expiration date, State Farm will try to mail a written 438EN0 SNLOSS ANDL£ END. notice to the certificate holder 30 days before TENANTS IMFOMPORVEMENTS.S.AND IIETTERM£NTS COVERAGE cancellation. If however, we fail to mail such notice, no obKgation or liability will be imposed on State Fa or its agents or r - nta' s. Name and Address of Certificate Holder ADD'L INSURED: CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 558-994 8.3 04-1999 Printed in U.S.A. Sig ire of Authorized Repre-entative LCRENA LOERA Title Agent's Code Stamp AFO Code 410 - 0:/21 /2012_ Date INNLs NIG FRONT ELEVATION Cicala 1,W hAPPO,..,..�.,» avid* Oct "04wwat •wb6 *AI ..'wMM 5e4941044, a. s.4kfM1 W Mos apt 'stet. Tner . , ....t .......—ir , .. NoMim:$ FRAME etrialai Iktgic r4- itt Xi. IA' atIOi 11 Zatr wok pot bap. rxfir sr fir• do. tor x41. mot imirle Chaim 21- MENATICup4 &or w • r4r e Suimsla PiOlAc Diee, HardSsIrded *lite 0 •tais *Wit wit wigs 01..4M1.4•1 WON AINpol.,.. PO" .4.40~ *Ii LP %waft .11/.041 •1' MAIM FRAME IACT$014 DETAIL Negev Ni".• 1 '.11- ur 2I, tag* 1,41.1 friCili416411* Z411;10 11F xdra-11 Ilexmlny ar a r 101..12 Pia 2 Jowl.. L e••1•,.. to•qd fioto.t.et zoo. zas Unktitaill *21 1411004111460,140. WM. Sawa PHOW 20244204000 Ik15404412 Tr APPOLOWL GWENT: LANOI-Ofaa DRAMKg. No. NC-EIOLC F • AS NOTED Pocoi: 01 OF ti4 REVIEL1OLL12, N.* MOM id Wawa* a( mal akaweer4.***. • +4,40 b,01.100 11 to ..#01,*1•111,, 40.101e110,4,f,/~poLe.,11041.,,e, . .140 ./411,411.14,14,141., /LP %at tImavaorm mh* .proaoraa,,• 1 AL Wm NAP 0111.1.1,11,1.1 • pr4to4 11.00a EXHIBIT B A portion of Highland Avenue 2 Feet in width and 75 feet in length in 20 Acre Lot 3 of Quarter Section 134 of RANCHO DE LA NACION, in the City of National City, County of San Diego, State of California, according to the Map thereof No. 166, filed in the Office of the Recorder of said San Diego County, described as follows: Beginning at a point on the Easterly line of Highland Avenue that is 210 feet Northerly from the Northwest corner of Lot 1, Block 1 of Irving Place, according to the Map thereof No. 1552, and filed in the Office of the Recorder of said San Diego County; thence Westerly at right angles a distance of 2 feet; thence Northerly along a line that is 2 feet West of and parallel to the Easterly line of Highland Avenue a distance of 75 feet; thence Easterly at right angles a distance of 2 feet to a point on the Easterly line of Highland Avenue; thence South along the Easterly line of Highland Avenue a distance of 75 feet to the Point of Beginning. PER PARCEL MAP BOK 563---12 THE NW 4 OF THE W LY 2 OF 20 ACRE LOT 3 OF Q'R SEC 134 '124- �- 2 FT L A 56.5 121 0300 AREA OF E\CKACH AE\T INT3 HIGHLAND AVE\UE