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Home My WebLink About2023 CON Encroachment Permit and Agreement - SD Street Banners, LLCFEE: $690.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of National City hereby grants an Encroachment Permit to the undersigned, SD Street L armr LLC (hereinafter referred to as "OWNER"), in accordance with and pursuant to the terns 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 "", 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 encroachtnent is to be installed and maintained are as follows: 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 WNER'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 o.r relocate the encro ac nent herein permitted within thirty 0 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, on, 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 CITr's easement or eight -of -way, commercial general liability insurance with minimum limits of One Million Dollars $1,00 , . 0 combined single limit per occurrence, covering aii bodily and, prod damage arising out of this Encroachment Agreement. This policy shall name CITY and i.ts officers, agents, and employees as additional i.nsured., and shall constitute primary insurance as to CITY and its officers, agents, and employees, sothat 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 Amish 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 ofthe 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 ofthe 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: CITY O • TIONAL CITY PERMITTEE: SD Street Banners LLC Rai orrison, Mayor Entity/Company Signature Name & Title ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. ' E CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY R ONLY. PERMITTEE/.APPLICA T INFORMATION: Russell Warner Person in Responsible Charge 310.755.1060 24/7 Phone Number SD Street Banners LLC Firm Name Mailing Address: 9126 Togan Ave San Diego CA, 92129 PLAT SHOWING LOCATION OF STRUCTURES, RES, EASEMENT, 1 RIGHT-OF-WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "I ", ATTACHED Encroachment Permit. and Agreement (Commercial) CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. state of California County of On l �2�� before me, ��-� Wki)41>i\r‘;‘L. (Heib insert name and kgie of the officer) personally appeared ?N.Qs4e,\\ as who proved to me on the bases of satisfactory evidence to be the persons whose nameKislpfe subscribed to the within instrumentand acknowledged to me that he/s1/th,e9 executed the same in his/b/th1r authorized capacitylids), and that by hisI1x/tfrIr signafiure(ssTon the instrume•nt the person), or the entity upon behalf of which the person(acted, executed the instrument. sex I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1MTNES�• � d and official seal. otac Signature • (Notary Public Seal) 1,J.ORTEGA-MALDONADO COMM. #1 Notary Public #California 43 San Diego County -h CO' E f Jan 2025 INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTThis form complies with current California is statute: regarding notary wording and. DESCRIPTION OF THE ATTACHED DOCUMENT Eficircy,,divNtA4. rAii- (Title or description of attached document) (Tit • r description of attached documentcontinued) r ofAe..s Document Date Nu CAPACITY CLAIMED BY THE SIGNER Individual ❑ Corpora Officer 1Tit1e) _. O Partner(s) D Atkamey-in-Fact ❑ Trustee(s) p tither 2015 Version r w,[ otary l ss . orn 800-873-9865 'needed, should be compkted and attached to the document Acknowledgment: from other surges may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California worary lax. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer( who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (Le. lshelt ;- is 1are or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seat impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must Latch the signature on file with the office of the county clerk, •• Additional information is not required but could help to ensure this acknowledgment is not misused or ached to a different document. • Indicate title or type of attached document, number ofpages and date, Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary), • Securely attach this document to the signed document with a staple.