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HomeMy WebLinkAboutAGMT - Peter P Poulis and Paula O Poulis Owner of 606 Ocean Avenue (Encroachment Agreement - Non Standard Improvement) (in Encroachment file)Memorandum To: From; Date: Re: Jill Ingram, City Manager Denice Bailey, Assistant Engineer At � FORTi�P U Al PROD 1,21 KIM,! MAR 10 2022 CITV CLERK CITY OF SEAL BEACH October 26, 2021 606 Ocean Ave, Non -Standard Improvement Encroachment Agreement Public Works and Community Development Departments have reviewed and approved the development plans for a new single-family residential unit located at 606 Ocean Avenue. The City owns and maintains an active sewer line within an existing easement that bisects the Gold Coast lots, which is also where the subject property is situated. Any improvements within the easement are subject to Public Works review. The 606 Ocean Avenue development has proposed a cantilevered balcony located over the City's sewer easement. For the City to maintain the subject sewer line, Public Works has conditioned the property owner to enter into a Non -Standard Encroachment Agreement. This agreement stipulates that no permanent improvements may be built directly on top of the sewer easements, and any improvements within the sewer easements must maintain a 8'8" vertical clearance from the ground. Damages to any private improvements as a result of the sewer line or work within the easement would be the owner's sole responsibility. Given the conditions noted above, Public Works recommends approval of this agreement. If you have any questions, please contact Denice Bailey at (562) 225-6298. Gita o f Seat $each. — Public Works RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk City of Seal Beach 211 8th Street Seal Beach, CA 90740 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1111111111111111111111111111111111111111111111 �111� 1111111111111111111 �Jjj1111III 43.00 *$ R 0 0 1 3 5 8 7 1 3 4- 202200009321610:26 am 03/09/22 399 NC -5 Al2 13 0.00 0.00 0.00 0.00 36.00 0.00 0.000.000.00 0.00 Space above the line for Recorder's use only. ENCROACHMENT AGREEMENT -- NON-STANDARD IMPROVEMENT THIS ENCROACHMENT AGREEMENT -- NON-STANDARD IMPROVEMENT (hereinafter "Agreement") is made and entered into this 30 day of September 2021, by and between Peter P. Poulis and Paula O. Poulis, owner of 606 Ocean Avenue, Seal Beach, CA 90740 (APN: 199-101-03) (hereinafter "OWNER"), and the City of Seal Beach, California, (hereinafter "CITY") a municipal corporation organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California. WITNESSETH: WHEREAS, OWNER has requested CITY's permission to construct and maintain a non- standard improvement within CITY's easement (hereinafter "EASEMENT") that is located at the real property commonly known as 606 Ocean Avenue, Seal Beach, CA 90740, as shown on a map recorded in Book 9, Page 3 of deeds of Orange County, California (hereinafter "OWNER's Property"); and WHEREAS, OWNER'S proposed non-standard improvement may interfere in the future with CITY's ability to construct, maintain, repair and replace public facilities and improvements within the EASEMENT; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct and maintain OWNER'S proposed non-standard improvement over or within the EASEMENT; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. Definitions. For purposes of this Agreement, the following terms shall be defined as follows: A. "City Engineer" means the City Engineer of CITY or such official's designated representative. A B. "PERMITTED IMPROVEMENT" means cantilevered balcony with a minimum eight -foot, eight -inch (8'8") vertical clearance from finished floor elevation, which laterally encroaches nine feet, two inches (9'2") into EASEMENT as shown on EXHIBIT "A" attached hereto and incorporated herein by reference. C. "EASEMENT" as used herein shall refer only to designated easement area owned or operated by the CITY and the air space above that area, specifically described for the purpose of this Agreement only as City's ten -foot (10') wide sewer easement between Ocean Avenue and Beach Front. 2. Rights and Responsibilities of OWNER. A. OWNER is hereby authorized to construct, maintain, repair, and replace the PERMITTED IMPROVEMENT within the EASEMENT in substantial conformance with the plans and specifications on file in CITY's Public Works Department, as approved by the City Engineer and in full compliance with applicable law. No other non-standard improvement of any type is authorized within the EASEMENT without CITY's prior written approval. B. OWNER shall maintain the PERMITTED IMPROVEMENT in accordance with general prevailing standards of maintenance and applicable law, and shall pay all costs and expenses incurred in doing so. C. If any public facilities or improvements are damaged by the installation or presence of the PERMITTED IMPROVEMENT, then OWNER shall reimburse CITY for the actual costs incurred by CITY in repairing such damage. CITY shall bill OWNER for the cost of such repair and, if unpaid, the cost shall become a special assessment against OWNER's Property pursuant to the procedures set forth in Chapter 7.40 of the Code of the City of Seal Beach, as the same may be amended from time to time. 3. Rights and Responsibilities of CITY. A. If CITY, or any other party with rights, at any time chooses to enter onto the EASEMENT to exercise its primary rights (including but not limited to, the maintenance, removal, repair, renewal, replacement, or enlargement of existing or future public facilities or improvements), then CITY may direct OWNER to remove or relocate all or portions of the PERMITTED IMPROVEMENT. If OWNER should fail to comply with such direction within the time allowed, then CITY may cause such removal or relocation to be performed at OWNER's expense. CITY shall bill OWNER for the cost of such removal or relocation and, if unpaid, the cost shall become a special assessment against OWNER's Property pursuant to the procedures set forth in Chapter 7.40 of the Code of the City of Seal Beach, as the same may be amended from time to time. B. CITY shall incur no liability whatsoever to OWNER in the event of either (i) CITY's termination of this Agreement; or (ii) CITY's removal of the PERMITTED IMPROVEMENT if OWNER fails to do so as provided herein. 1708040.2 2 4. Indemnification. OWNER shall defend, indemnify, and hold CITY, its elected officials, officers, employees, volunteers, agents, and those CITY agents serving as independent contractors in the role of CITY officials (collectively "Indemnitees") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim," collectively, "Claims"), in any manner arising out of or incident to the performance of this Agreement, including without limitation, the payment of all consequential damages and attorneys' fees and other related costs and expenses. Further, OWNER shall appoint competent defense counsel, at OWNER's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of this Agreement that may be brought or instituted against Indemnitees. OWNER shall pay and satisfy any judgment, award or decree that may be rendered against CITY or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of this Agreement. OWNER shall reimburse CITY and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. OWNER's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by OWNER or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. OWNER's obligation pursuant to this paragraph shall survive the termination of this Agreement. 6. Insurance. A. Prior to commencing work on the PERMITTED IMPROVEMENT, OWNER shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the PERMITTED IMPROVEMENT by OWNER, and its agents, representatives, employees and subcontractors. The policy limit set forth below does not act as a limitation upon the amount of indemnification to be provided by OWNER. OWNER shall provide written evidence of the current insurance policy or policies required by this section prior to the commencement of such work. B. General Liability Insurance. OWNER shall procure at OWNER's sole cost and expense and keep in effect at all times during construction relating to the PERMITTED IMPROVEMENT a combined single limit of comprehensive general liability insurance of One Million Dollars ($1,000,000.00). All such policies shall be endorsed to add CITY, its officers, employees and agents as additional named insured. C. Failure to Obtain Insurance. If OWNER shall fail to provide reasonable 3 evidence of any insurance required hereunder, CITY may, at its election, obtain such insurance and OWNER shall upon demand reimburse CITY for the cost thereof plus a ten percent (10%) handling charge, within five (5) business days following demand therefor. If not paid, such indebtedness shall (at the option of CITY) be secured by a lien upon the OWNER's Property. D. Quality of Insurance. Insurance required hereunder shall be issued by companies holding a "General Policyholders Rating" of at least B+VII or better, as set forth in the most current issue of "Best's Insurance Guide" and authorized to do business in California. OWNER shall deliver to CITY proof of the insurance coverage required by this Agreement on certificates provided by or approved by CITY. CITY may also require OWNER to deliver certified copies of such policies of insurance upon written request by CITY. No such policy shall be cancellable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to CITY. OWNER shall, at CITY's request, at least thirty (30) days prior to the expiration of such policies, furnish CITY with renewals or "binders" thereof. OWNER shall not do or permit to be done anything which shall invalidate the insurance policies referred to in this Section. 5. Termination. A. Without Cause. CITY may terminate this Agreement, and the rights granted OWNER hereunder, at any time without cause by giving thirty (30) days notice to OWNER. In the event of such termination, OWNER shall, prior to the termination date, remove the PERMITTED IMPROVEMENT from the EASEMENT and shall restore the EASEMENT to its pre-existing condition to the satisfaction of the City Engineer. If OWNER fails to remove the PERMITTED IMPROVEMENT or to restore the EASEMENT, then CITY may cause such action to be performed at OWNER'S expense. CITY shall bill OWNER for the cost of such removal or restoration and, if unpaid, the cost shall become a special assessment against OWNER's Property pursuant to the procedures set forth in Chapter 7.40 of the Code of the City of Seal Beach, as the same may be amended from time to time. B. For Cause. CITY may terminate this Agreement, and the rights granted OWNER hereunder, for cause (based on any breach by OWNER of a material provision of this Agreement) by giving ten (10) days notice to OWNER. Prior to such termination, CITY shall afford OWNER notice and five (5) days to cure the breach. In the event of such termination, OWNER shall, prior to the termination date, remove the PERMITTED IMPROVEMENT from the EASEMENT and shall restore the EASEMENT to its pre-existing condition to the satisfaction of the City Engineer. If OWNER fails to remove the PERMITTED IMPROVEMENT or to restore the EASEMENT, then CITY may cause such action to be performed at OWNER'S expense. CITY shall bill OWNER for the cost of such removal or restoration and, if unpaid, the cost shall become a special assessment against OWNER's Property pursuant to the procedures set forth in Chapter 7.40 of the Code of the City of Seal Beach, as the same may be amended from time to time. 4 6. Miscellaneous. A. No CITY Liability. It is specifically agreed and understood that CITY has entered into this Agreement solely as an accommodation to OWNER and that, by executing this Agreement, CITY shall not incur any liability for the costs of construction or maintenance of the PERMITTED IMPROVEMENT. B. Attorney's Fees. In the event of litigation commenced with respect to any term or condition of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred. C. Successors. OWNER agrees that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of OWNERS' interest in the land whether fee or otherwise; and shall be recorded in the Office of the County Recorder of Orange County, California. D. Time of Essence. Time is of the essence of every provision herein in which time is a factor. E. Entire Agreement. OWNER and CITY hereby acknowledge and agree that the foregoing provisions and attached Exhibits constitute the entire Agreement between the parties, and that no prior or subsequent representation or understanding with respect to the matters stated herein shall have any force or effect. This Agreement may be amended only by a writing, duly executed by both parties. F. Representations of Permittee. OWNER hereby represents and warrants to CITY that OWNER is the sole owner of the OWNER's Property and that the OWNER's Property is not subject to any liens (except for property taxes and assessments not yet due). If the foregoing is not correct, then CITY may remove the PERMITTED IMPROVEMENT on the OWNER's Property, and OWNER shall reimburse CITY within five (5) business days after written demand for the costs incurred by CITY in connection therewith. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first -above written. -Eel 19. A: Steele Attorney 5 CITY OF SEAL BEACH a Municipal Corporation ByWa�!VwiManager m OWNER: By: Peter P. Poulis By: L%�t t —� f9- u� ��► Paula O. Poulis 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 i� Notary Public, pe?sonally appeared P TA m I ntAl.J^ , who proved to me on the basis of satisfactory evidence to be the p on( whose name( �'e subscribed to the within instrument and acknowledged to me thatU)e/thy executed the same in /h r/tl it authorized capacity(i ), and that byi /h, r/tV it signature on the instrument the person(, or the entity upon behalf of which the persono 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. WITNE4myand fficial seal.NARESHCOMMISSION # =8784SignatuNOty PBbAe, 009omia 3 ORANGE CQUNV My Comm. EX,"S Jan. 15. 2022 7 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 �- t2 On 10 2EJ W2—,before me, (in ert name and title of the officer) Notary Public, personally appeared Pa(1140, t , who proved to me on the basis of satisfactory evidbAce to be the person whose nameV)is ae subscrib to the within instrument and acknowledged to that sh tl/y executed the same In l/ er l�r authorized capacity(i ), and that by e /th it signature f on the instrument or the entity upon behalf of which the person( -A acted, executed the instrument. the person, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITN: Signat 8 NARESH B. SWALIA COMMISSION • 2228784 Notary P+>�c • C�&imia 3� ori My Comm. Ex,::Gn 15.2022 EXHIBIT A a aaa Z W3 3 (9) Zg Zu WgiN®sw wo II r�i s' Zoow" o� pzb "O 3@ c g v m� a as —� aeN z � as ua aaS�F'i na z(B HM 3 y== ® sffr= i lis � � � O 'S•=9°�e'R ay��� E� �`y Z➢�Y � � �°•. a=3 �Rz �i ?z ts` g "M yS ® y a g3eza` Ma 3i3. 4 c a e! 5 " 4Qe54a t is. s s��<�8�s 1159 1$, 93 : I0 HIP!x.ji � � � $: HjR Mix $.'•$ eo.0 .Y Y Y 'S a 3 a: a3 sSfi Sae ex o Y j cH. gs M 'a $_� ! n o3 -s' esss $na`�sea s°yg ° y�g=�3R� i.. ��BCaB4 �33i u .i�� a3299a 83! . :S�t �_' 3 E:di tit .8-M 34C] 0 e 3 '� 3 3Ea z3°3 h,3 ;s pp g i� a Nil g 93e: a 4- } 3 e 3 e ;P33EY 33;�e 3 0 Cp3 g9� 3! ge: 33EE 3� �=� �3�� }$$� $an .ig .53i All E�3 y �s Ft ss 3 � pp z e ydd77 Z u � �6EE6 fx � Oda to mx Tu I7-`eC �a�i�� �jtttt C M aw v>u zi>a z I�,aaB 1 z9 z Qa - i- Z wa w w" w� =gig`—o 1991 nn ue ne. 6a5�ssa - SI R 5 R z� zjj� �sY H His Y p�s?72J' 5 Y 15ciE tl' ' s �C Eg. gg � 8 e �s6ys ��3� ee eg2gg $ 8I1i ® ®_ ® 131. 0 IM ®9 O B M)a13 Fg �tY�1191j3 5 � °g� x I & co S a 9': S -. S =s 1_ aEs. i.s e�es9 as s gk. eek RIM. yptt' � ___ - - _, � Yyp B� �a 9.a� ;5 � ae :' 1"•"io3� 3 "e �3 3� �Y �: LL .7g g'g CY B'. �'' IaZ oi3 W 3399E 96:93 8.: 'aC W �2y�039 6:88°'i13:y 9 L� 33 23. 23 3: :4e 19 9 19 9 ©9190091 00000 ff u C:3g 9g 1 �....3.z fl-M-, W H. e�Yi§t S' F 3gsa9."E IH, LIM ! ]SS3 3� s s it s 13"3 s�Is a Gib 3 g � 'a tit iaS;'3- y3h CS a " € 1 € £ �H O z 9 3 1 I } 0 9191 ®� I a � 1 II s„ § § §k / ( �]®■ ! | \h \ 3 2 �. :� q��| ?■ \ 2�� 2 § §� " ��§§ (|/§§/| ;|||||;!>I r m §! / / /; g#!g ! � | •i= § !,!!!,|l,,.(||§)�.� �k|•�| § eeeEmREREmemmmm eee,m;,mmmm F :m-•� � I I � Z| y i \) $ \ a aaaa 7d�7 sJU Hsi Z zwo� =O� f;° ¢ -. i e., I. b ;b1b �J lit, y'• I I -H � t 1 t I I 1 I 1 1 I I I t 1 1 I I I I I I - I I ( I ' iI � � ; ; ; I I n --- -- --- ----- - - -`--- I- -- - - - - - - -- -�--- -.-..--------- ' 1 + t 1 E s sal t 3 rx OEJOOE000O©O�OO151 El©El©®9OOO19OO Q o �+++� ----------------- C ' b ;b1b �J lit, y'• I I -H � t 1 t I I 1 I 1 1 I I I t 1 1 I I I I I I - I I ( I ' iI � � ; ; ; I I n --- -- --- ----- - - -`--- I- -- - - - - - - -- -�--- -.-..--------- ' 1 + t 1 E s sal t 3 rx OEJOOE000O©O�OO151 El©El©®9OOO19OO Q o v. _ —*I Evidence of Insurance for Mortgagee/Other lu FARMERS Interests INSURANCE This form is not the contract of insurance. It is a memorandum of coverage limited to mortgagee/other interests, provided at their request and applicable to the dwelling or building at the location below. The provisions of the policy will prevail in all respects. This certificate of insurance does not affirmatively or negatively amend, extend, or alter the coverage afforded by the insurance policy. Should the insurance policy be cancelled by the company before the expiration date thereof, notice will be given in accordance with the policy provisions. Policy Number: 33684-28-44 Underwritten By: Farmers Insurance Exchange Policy Type: Farmers Smart Plan Home - Course of 6301 Owensmouth Ave. Coverage B - Separate Structures Construction Woodland Hills, CA 91367 Policy Status: In Force Your Farmers John Eric Forbes Term Effective: 11/10/2021 12:01 AM Agent: 234 S Pacific Coast Hwy Ste 204 Renewal Date: 11/10/2022 12:01 AM Redondo Beach, CA 90277-7003 Insured: Pete Poulis and Paula Poulis (310) 356-0730 Replacement 2301 E Skyline Dr FAX: (310) 356-0731 La Habra Heights, CA 90631-8226 jforbes@farmersagent.com Your Insured Property P_ropertyAddress 606 Ocean Ave, Seal Beach, CA 90740-6109 Coverages Coverage _ _ _ _ _ _ _ Limit Coverage_ ^_ _ _T Limit Coverage A - Dwelling $950,000 Coverage B - Separate Structures $95,000 Coverage E - Personal Liability $1,000,000 Coverage F - Medical Payments to Others $1,000 Personal Injury Not Covered Identity Fraud Expense Coverage Not Covered Association Loss Assessment Not Covered Roof Materials Loss Settlement Replacement Cost Value Deductible Type of Loss _ _ Deductible Applicable to each covered loss except Water Loss $2,500 Water Loss $2,500 farmers.com 25-8975 9-13 Page 1 of4 Evidence of Insurance for Mortgagee/Other Interests (continued) Mortgagees and Other Interests IstMortgagee NotApplicable ^� '— Other Interest _ Loan Number _ Effective Date City of Seal Beach Its Not Applicable 11/10/2021 Officers, Employees & Agents 211 8th St Seal Beach, CA 90740-6305 Premium Details Payment Remittance Address Annual Premium: $1,817.41 Payment Processing POBox0991 Fees: $25.00 Center: Carol Stream, IL 60132-0991 Total Premium: $1,842.41 Balance Due: $1,842.41 Authorized Representative 438BFUNS Endorsement Included farmers.com 11/12/2021 Date 25-8975 9-13 Page 2 of 4 Evidence of Insurance for Mortgagee/Other Interests (Continued) Lender's Loss Payable Endorsement (Form 438BFU NS - Rev. May 1, 1942) 1. Loss or damage, if any, under this policy, shall be paid to the Payee named in the Declarations of this policy, its successors and assigns, hereinafter referred to as 'the Lender', in whatever form or capacity its interests may appear and whether said interest be vested in said Lender in its individual or in its disclosed or undisclosed fiduciary or representative capacity, or otherwise, or vested in a nominee or trustee of said Lender. 2. The insurance under this policy, or any rider or endorsement attached thereto, as to the interest only of the Lender, its successors and assigns, shall not be invalidated nor suspended: (a) by any error, omission, or change respecting the ownership, description, possession, or location of the subject of the insurance or the interest therein, or the title thereto; (b) by the commencement of foreclosure proceedings or the giving of notice of sale of any of the property covered by this policy by virtue of any mortgage or trust deed; (c) by any breach of warranty, act, omission, neglect, or non-compliance with any of the provisions of this policy, including any and all riders now or hereafter attached thereto, by the named insured, the borrower, mortgagor, trustor, vendee, owner, tenant, warehouseman, custodian, occupant, or by the agent of either or any of them or by the happening of any event permitted by them or either of them, or their agents, or which they failed to prevent, whether occurring before or after the attachment of this endorsement, or whether before or after a loss, which under the provisions of this policy of insurance or of any rider or endorsement attached thereto would invalidate or suspend the insurance as to the named insured, excluding herefrom, however, any acts or omissions of the Lender while exercising active control and management of the property. 3. In the event of failure of the insured to pay any premium or additional premium which shall be or become due under the terms of this policy or on account of any change in occupancy or increase in hazard not permitted by this policy, this Company agrees to give written notice to the Lender of such non-payment of premium after sixty (60) days from and within one hundred and twenty (120) days after due date of such premium and it is a condition of the continuance of the rights of the Lender hereunder that the Lender when so notified in writing by this Company of the failure of the insured to pay such premium shall pay or cause to be paid the premium due within ten (10) days following receipt of the Company's demand in writing therefor. If the Lender shall decline to pay said premium or additional premium, the rights of the Lender under this Lender's Loss Payable Endorsement shall not be terminated before ten (10) days after receipt of said written notice by the Lender. 4. Whenever this Company shall pay to the Lender any sum for loss or damage under this policy and shall claim that as to the insured no liability therefor exists, this Company, at its option, may pay to the Lender the whole principal sum and interest and other indebtedness due or to become due from the insured, whether secured or unsecured, (with refund of all interest not accrued), and this Company, to the extent of such payment, shall thereupon receive a full assignment and transfer, without recourse, of the debt and all rights and securities held as collateral thereto. 5. If there be any other insurance upon the within described property, this Company shall be liable under this policy as to the Lender for the proportion of such loss or damage that the sum hereby insured bears to the entire insurance of similar character on said property under policies held by, payable to and expressly consented to by the Lender. Any Contribution Clause included in any Fallen Building Clause Waiver or any Extended Coverage Endorsement attached to this contract of insurance is hereby nullified, and also any Contribution Clause in any other endorsement or rider attached to this contract of insurance is hereby nullified except Contribution Clauses for the compliance with which the insured has received reduction in the rate charged or has received extension of the coverage to include hazards other than fire and compliance with such Contribution Clause is made a part of the consideration for insuring such other hazards. The Lender upon the payment to it of the full amount of its claim, will subrogate this Company (pro rata with all other insurers contributing to said payment) to all of the Lender's rights of contribution under said other insurance. 6. This Company reserves the right to cancel this policy at any time, as provided by its terms, but in such case this policy shall continue in force for the benefit of the Lender for ten (10) days after written notice of such cancellation is received by the Lender and shall then cease. 7. This policy shall remain in full force and effect as to the interest of the Lender for a period of ten (10) days after its expiration unless an acceptable policy in renewal thereof with loss thereunder payable to the Lender in accordance with the terms of this Lender's Loss Payable Endorsement, shall have been issued by some insurance company and accepted by the Lender. farmers.com 25-8975 9-13 Page 3 of 4 Evidence of Insurance for Mortgagee/Other Interests (continued) 8. Should legal title to and beneficial ownership of any of the property covered under this policy become vested in the Lender or its agents, insurance under this policy shall continue for the term thereof for the benefit of the Lender but, in such event, any privileges granted by this Lender's Loss Payable Endorsement which are not also granted the insured under the terms and conditions of this policy and/or under other riders or endorsements attached thereto shall not apply to the insurance hereunder as respects such property. 9. All notices herein provided to be given by the Company to the Lender in connection with this policy and this Lender's Loss Payable Endorsement shall be mailed to or delivered to the Lender at its office or branch described in the Declarations of the policy. Approved: Board of Fire Underwriters of the Pacific, California Bankers' Association, Committee on Insurance. farmers.com 25-8975 9-13 Page 4 of 4 At '.ORT"p . Memorandum To: Jill Ingram, City Manager From: Denice Bailey, Assistant Engineer Date: October 26, 2021 Re: 606 Ocean Ave, Non -Standard Improvement Encroachment Agreement Public Works and Community Development Departments have reviewed and approved the development plans for a new single-family residential unit located at 606 Ocean Avenue. The City owns and maintains an active sewer line within an existing easement that bisects the Gold Coast lots, which is also where the subject property is situated. Any improvements within the easement are subject to Public Works review. The 606 Ocean Avenue development has proposed a cantilevered balcony located over the City's sewer easement. For the City to maintain the subject sewer line, Public Works has conditioned the property owner to enter into a Non -Standard Encroachment Agreement. This agreement stipulates that no permanent improvements may be built directly on top of the sewer easements, and any improvements within the sewer easements must maintain a 8'8" vertical clearance from the ground. Damages to any private improvements as a result of the sewer line or work within the easement would be the owner's sole responsibility. Given the conditions noted above, Public Works recommends approval of this agreement. If you have any questions, please contact Denice Bailey at (562) 225-6298. Gits� o f Seal $each. — Public Works RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk City of Seal Beach 211 8th Street Seal Beach, CA 90740 Space above the line for Recorder's use only. ENCROACHMENT AGREEMENT -- NON-STANDARD IMPROVEMENT THIS ENCROACHMENT AGREEMENT -- NON-STANDARD IMPROVEMENT (hereinafter "Agreement") is made and entered into this 30 day of September 2021, by and between Peter P. Poulis and Paula O. Poulis, owner of 606 Ocean Avenue, Seal Beach, CA 90740 (APN: 199-101-03) (hereinafter "OWNER"), and the City of Seal Beach, California, (hereinafter "CITY") a municipal corporation organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California. WITNESSETH: WHEREAS, OWNER has requested CITY's permission to construct and maintain a non- standard improvement within CITY's easement (hereinafter "EASEMENT") that is located at the real property commonly known as 606 Ocean Avenue, Seal Beach, CA 90740, as shown on a map recorded in Book 9, Page 3 of deeds of Orange County, California (hereinafter "OWNER's Property"); and WHEREAS, OWNER's proposed non-standard improvement may interfere in the future with CITY's ability to construct, maintain, repair and replace public facilities and improvements within the EASEMENT; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct and maintain OWNER's proposed non-standard improvement over or within the EASEMENT; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. Definitions. For purposes of this Agreement, the following terms shall be defined as follows: A. "City Engineer" means the City Engineer of CITY or such official's designated representative. B. "PERMITTED IMPROVEMENT" means cantilevered balcony with a minimum eight -foot, eight -inch (8'8") vertical clearance from finished floor elevation, which laterally encroaches nine feet, two inches (9'2") into EASEMENT as shown on EXHIBIT "A" attached hereto and incorporated herein by reference. C. "EASEMENT" as used herein shall refer only to designated easement area owned or operated by the CITY and the air space above that area, specifically described for the purpose of this Agreement only as City's ten -foot (10') wide sewer easement between Ocean Avenue and Beach Front. 2. Rights and Responsibilities of OWNER. A. OWNER is hereby authorized to construct, maintain, repair, and replace the PERMITTED IMPROVEMENT within the EASEMENT in substantial conformance with the plans and specifications on file in CITY's Public Works Department, as approved by the City Engineer and in full compliance with applicable law. No other non-standard improvement of any type is authorized within the EASEMENT without CITY's prior written approval. B. OWNER shall maintain the PERMITTED IMPROVEMENT in accordance with general prevailing standards of maintenance and applicable law, and shall pay all costs and expenses incurred in doing so. C. If any public facilities or improvements are damaged by the installation or presence of the PERMITTED IMPROVEMENT, then OWNER shall reimburse CITY for the actual costs incurred by CITY in repairing such damage. CITY shall bill OWNER for the cost of such repair and, if unpaid, the cost shall become a special assessment against OWNER's Property pursuant to the procedures set forth in Chapter 7.40 of the Code of the City of Seal Beach, as the same may be amended from time to time. 3. Rights and Responsibilities of CITY. A. If CITY, or any other party with rights, at any time chooses to enter onto the EASEMENT to exercise its primary rights (including but not limited to, the maintenance, removal, repair, renewal, replacement, or enlargement of existing or future public facilities or improvements), then CITY may direct OWNER to remove or relocate all or portions of the PERMITTED IMPROVEMENT. If OWNER should fail to comply with such direction within the time allowed, then CITY may cause such removal or relocation to be performed at OWNER's expense. CITY shall bill OWNER for the cost of such removal or relocation and, if unpaid, the cost shall become a special assessment against OWNER's Property pursuant to the procedures set forth in Chapter 7.40 of the Code of the City of Seal Beach, as the same may be amended from time to time. B. CITY shall incur no liability whatsoever to OWNER in the event of either (i) CITY's termination of this Agreement; or (ii) CITY's removal of the PERMITTED IMPROVEMENT if OWNER fails to do so as provided herein. 1708040.2 2 4. Indemnification. OWNER shall defend, indemnify, and hold CITY, its elected officials, officers, employees, volunteers, agents, and those CITY agents serving as independent contractors in the role of CITY officials (collectively "Indemnitees") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim," collectively, "Claims"), in any manner arising out of or incident to the performance of this Agreement, including without limitation, the payment of all consequential damages and attorneys' fees and other related costs and expenses. Further, OWNER shall appoint competent defense counsel, at OWNER's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of this Agreement that may be brought or instituted against Indemnitees. OWNER shall pay and satisfy any judgment, award or decree that may be rendered against CITY or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of this Agreement. OWNER shall reimburse CITY and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. OWNER's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by OWNER or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. OWNER's obligation pursuant to this paragraph shall survive the termination of this Agreement. 6. Insurance. A. Prior to commencing work on the PERMITTED IMPROVEMENT, OWNER shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the PERMITTED IMPROVEMENT by OWNER, and its agents, representatives, employees and subcontractors. The policy limit set forth below does not act as a limitation upon the amount of indemnification to be provided by OWNER. OWNER shall provide written evidence of the current insurance policy or policies required by this section prior to the commencement of such work. B. General Liability Insurance. OWNER shall procure at OWNER's sole cost and expense and keep in effect at all times during construction relating to the PERMITTED IMPROVEMENT a combined single limit of comprehensive general liability insurance of One Million Dollars ($1,000,000.00). All such policies shall be endorsed to add CITY, its officers, employees and'agents as additional named insured. C. Failure to Obtain Insurance. If OWNER shall fail to provide reasonable evidence of any insurance required hereunder, CITY may, at its election, obtain such insurance and OWNER shall upon demand reimburse CITY for the cost thereof plus a ten percent (10%) handling charge, within five (5) business days following demand therefor. If not paid, such indebtedness shall (at the option of CITY) be secured by a lien upon the OWNER's Property. D. Quality of Insurance. Insurance required hereunder shall be issued by companies holding a "General Policyholders Rating" of at least B+VII or better, as set forth in the most current issue of "Best's Insurance Guide" and authorized to do business in California. OWNER shall deliver to CITY proof of the insurance coverage required by this Agreement on certificates provided by or approved by CITY. CITY may also require OWNER to deliver certified copies of such policies of insurance upon written request by CITY. No such policy shall be cancellable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to CITY. OWNER shall, at CITY's request, at least thirty (30) days prior to the expiration of such policies, furnish CITY with renewals or "binders" thereof. OWNER shall not do or permit to be done anything which shall invalidate the insurance policies referred to in this Section. 5. Termination. A. Without Cause. CITY may terminate this Agreement, and the rights granted OWNER hereunder, at any time without cause by giving thirty (30) days notice to OWNER. In the event of such termination, OWNER shall, prior to the termination date, remove the PERMITTED IMPROVEMENT from the EASEMENT and shall restore the EASEMENT to its pre-existing condition to the satisfaction of the City Engineer. If OWNER fails to remove the PERMITTED IMPROVEMENT or to restore the EASEMENT, then CITY may cause such action to be performed at OWNER'S expense. CITY shall bill OWNER for the cost of such removal or restoration and, if unpaid, the cost shall become a special assessment against OWNER's Property pursuant to the procedures set forth in Chapter 7.40 of the Code of the City of Seal Beach, as the same may be amended from time to time. B. For Cause. CITY may terminate this Agreement, and the rights granted OWNER hereunder, for cause (based on any breach by OWNER of a material provision of this Agreement) by giving ten (10) days notice to OWNER. Prior to such termination, CITY shall afford OWNER notice and five (5) days to cure the breach. In the event of such termination, OWNER shall, prior to the termination date, remove the PERMITTED IMPROVEMENT from the EASEMENT and shall restore the EASEMENT to its pre-existing condition to the satisfaction of the City Engineer. If OWNER fails to remove the PERMITTED IMPROVEMENT or to restore the EASEMENT, then CITY may cause such action to be performed at OWNER'S expense. CITY shall bill OWNER for the cost of such removal or restoration and, if unpaid, the cost shall become a special assessment against OWNER's Property pursuant to the procedures set forth in Chapter 7.40 of the Code of the City of Seal Beach, as the same may be amended from time to time. rd Miccellanenuc- A. No CITY Liability. It is specifically agreed and understood that CITY has entered into this Agreement solely as an accommodation to OWNER and that, by executing this Agreement, CITY shall not incur any liability for the costs of construction or maintenance of the PERMITTED IMPROVEMENT. B. Attorney's Fees. In the event of litigation commenced with respect to any term or condition of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred. C. Successors. OWNER agrees that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of OWNERS' interest in the land whether fee or otherwise; and shall be recorded in the Office of the County Recorder of Orange County, California. D. Time of Essence. Time is of the essence of every provision herein in which time is a factor. E. Entire Agreement. OWNER and CITY hereby acknowledge and agree that the foregoing provisions and attached Exhibits constitute the entire Agreement between the parties, and that no prior or subsequent representation or understanding with respect to the matters stated herein shall have any force or effect. This Agreement may be amended only by a writing, duly executed by both parties. F. Representations of Permittee. OWNER hereby represents and warrants to CITY that OWNER is the sole owner of the OWNER's Property and that the OWNER's Property is not subject to any liens (except for property taxes and assessments not yet due). If the foregoing is not correct, then CITY may remove the PERMITTED IMPROVEMENT on the OWNER's Property, and OWNER shall reimburse CITY within five (5) business days after written demand for the costs incurred by CITY in connection therewith. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first -above written. FORM: A: Steele Attorney CITY OF SEAL BEACH a Municipal Corporation OWNER: By: Peter P. Poulis By: Paula O. Poulis 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 Owl) On4ppe ,before me, REI�1, t/ , (insert name and title of the officer) Notary Pub,s ly appeared LA 1 (AlI�S who proved to me on the basis of satisfactory evidence to be the p onV) whose name(jo�{e subscribed to the within instrument and acknowledged to me thatnye/thly executed the same ir>/hr/tlir authorized capacity(i), and that by i /h,er/tVeir signature on the instrument the person(,g), or the entity upon behalf of which the persono acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and fficial seal. 2 7 NARESH S. SAUAlIA COMMISSION # 2226784 3 Signatur E Notary Pub90- cohlomie 3 GRANDE COUNTY `" My Gomm. Ex* iree Jqa 16.2022 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 �' ) �- t2 On 10 2EZ02--before me, ", 1� (in ert name and title of the officer) Notary Public, personally appeared f t , who proved to me on the basis of satisfactory evid6Ace to be the personL4 whose name ) is a/e subscribpd,p the within instrument and acknowledged to that � sh tb/y executed the same in l/Derlir authorized capacity(i/), and that by K e /tb/r s>gnature�j on the instrument or the entity upon behalf of which the person�j acted, executed the instrument. the person, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITN: Signati NARESH; SAVALtA COMMISSION t 2228784 Notary Public • c famia 3` ORAHMFT AAyComm. 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It is a memorandum of coverage limited to mortgagee/other interests, provided at their request and applicable to the dwelling or building at the location below. The provisions of the policy will prevail in all respects. This certificate of insurance does not affirmatively or negatively amend, extend, or alter the coverage afforded by the insurance policy. Should the insurance policy be cancelled by the company before the expiration date thereof, notice will be given in accordance with the policy provisions. Policy Number: 33684-28-44 Policy Type: Farmers Smart Plan Home - Course of Construction Policy Status: In Force Term Effective: 11/10/2021 12:01 AM Renewal Date: 11/10/2022 12:01 AM Insured: Pete Poulis and Paula Poulis 2301 E Skyline Dr La Habra Heights, CA 90631-8226 Your Insured Property PropertyAddress 606 Ocean Ave, Seal Beach, CA 90740-6109 Coverages Coverage Coverage A- Dwelling Coverage E—Personal Liability Personal Injury Association Loss Assessment Roof Materials Loss Settlement _—Limit Limit — $950,000 $1,000,000 Not Covered Not Covered Replacement Cost Value Deductible Type of Loss Applicable to each covered loss except Water Loss Water Loss farmers.com Underwritten By: Farmers Insurance Exchange 6301 Owensmouth Ave. Woodland Hills, CA 91367 Your Farmers John Eric Forbes Agent: 234 S Pacific Coast Hwy Ste 204 Redondo Beach, CA 90277-7003 (310) 356-0730 FAX: (310) 356-0731 jforbes@farmersagent.com Coverage_ ___ _ _ _ --limit Coverage B - Separate Structures $95,000 Coverage F - Medical Payments to Others $1,000 Identity Fraud Expense Coverage Not Covered Deductible -- — --- � - - ---$2,500 $2,500 25-8975 9-13 Page 1 of4 Evidence of Insurance for Mortgagee/Other Interests (continued) Mortgagees and Other Interests 1stMortgagee NotApplicable � � � ^� Premium Details Annual Premium: $1,817.41 Fees: $25.00 Total Premium: $1,842.41 Balance Due: $1,842.41 Authorized Representative 438BFUNS Endorsement Included farmers.com Other Interest _Loan Number _ Effective Date City of Seal Beach Its NotApplicable 11/10/2021 Officers, Employees & Agents 211 8th St Seal Beach, CA 90740-6305 Payment Remittance Address Payment Processing PO Box 0991 Center. Carol Stream, IL 60132-0991 11/12/2021 Date 25-8975 9-13 Page 2 of 4 Evidence of Insurance for Mortgagee/Other Interests (continued) Lender's Loss Payable Endorsement (Form 438BFU NS - Rev. May 1, 1942) 1. Loss or damage, if any, under this policy, shall be paid to the Payee named in the Declarations of this policy, its successors and assigns, hereinafter referred to as'the Lender', in whatever form or capacity its interests may appear and whether said interest be vested in said Lender in its individual or in its disclosed or undisclosed fiduciary or representative capacity, or otherwise, or vested in a nominee or trustee of said Lender. 2. The insurance under this policy, or any rider or endorsement attached thereto, as to the interest only of the Lender, its successors and assigns, shall not be invalidated nor suspended: (a) by any error, omission, or change respecting the ownership, description, possession, or location of the subject of the insurance or the interest therein, or the title thereto; (b) by the commencement of foreclosure proceedings or the giving of notice of sale of any of the property covered by this policy by virtue of any mortgage or trust deed; (c) by any breach of warranty, act, omission, neglect, or non-compliance with any of the provisions of this policy, including any and all riders now or hereafter attached thereto, by the named insured, the borrower, mortgagor, trustor, vendee, owner, tenant, warehouseman, custodian, occupant, or by the agent of either or any of them or by the happening of any event permitted by them or either of them, or their agents, or which they failed to prevent, whether occurring before or after the attachment of this endorsement, or whether before or after a loss, which under the provisions of this policy of insurance or of any rider or endorsement attached thereto would invalidate or suspend the insurance as to the named insured, excluding herefrom, however, any acts or omissions of the Lender while exercising active control and management of the property. 3. In the event of failure of the insured to pay any premium or additional premium which shall be or become due under the terms of this policy or on account of any change in occupancy or increase in hazard not permitted by this policy, this Company agrees to give written notice to the Lender of such non-payment of premium after sixty (60) days from and within one hundred and twenty (120) days after due date of such premium and it is a condition of the continuance of the rights of the Lender hereunder that the Lender when so notified in writing by this Company of the failure of the insured to pay such premium shall pay or cause to be paid the premium due within ten (10) days following receipt of the Company's demand in writing therefor. If the Lender shall decline to pay said premium or additional premium, the rights of the Lender under this Lender's Loss Payable Endorsement shall not be terminated before ten (10) days after receipt of said written notice by the Lender. 4. Whenever this Company shall pay to the Lender any sum for loss or damage under this policy and shall claim that as to the insured no liability therefor exists, this Company, at its option, may pay to the Lender the whole principal sum and interest and other indebtedness due or to become due from the insured, whether secured or unsecured, (with refund of all interest not accrued), and this Company, to the extent of such payment, shall thereupon receive a full assignment and transfer, without recourse, of the debt and all rights and securities held as collateral thereto. 5. If there be any other insurance upon the within described property, this Company shall be liable under this policy as to the Lender for the proportion of such loss or damage that the sum hereby insured bears to the entire insurance of similar character on said property under policies held by, payable to and expressly consented to by the Lender. Any Contribution Clause included in any Fallen Building Clause Waiver or any Extended Coverage Endorsement attached to this contract of insurance is hereby nullified, and also any Contribution Clause in any other endorsement or rider attached to this contract of insurance is hereby nullified except Contribution Clauses for the compliance with which the insured has received reduction in the rate charged or has received extension of the coverage to include hazards other than fire and compliance with such Contribution Clause is made a part of the consideration for insuring such other hazards. The Lender upon the payment to it of the full amount of its claim, will subrogate this Company (pro rata with all other insurers contributing to said payment) to all of the Lender's rights of contribution under said other insurance. 6. This Company reserves the right to cancel this policy at any time, as provided by its terms, but in such case this policy shall continue in force for the benefit of the Lender for ten (10) days after written notice of such cancellation is received by the Lender and shall then cease. 7. This policy shall remain in full force and effect as to the interest of the Lender for a period of ten (10) days after its expiration unless an acceptable policy in renewal thereof with loss thereunder payable to the Lender in accordance with the terms of this Lender's Loss Payable Endorsement, shall have been issued by some insurance company and accepted by the Lender. farmers.com 25-8975 9-13 Page 3 of 4 40 u Evidence of Insurance for Mortgagee/Other Interests (continued) 8. Should legal title to and beneficial ownership of any of the property covered under this policy become vested in the Lender or its agents, insurance under this policy shall continue for the term thereof for the benefit of the Lender but, in such event, any privileges granted by this Lender's Loss Payable Endorsement which are not also granted the insured under the terms and conditions of this policy and/or under other riders or endorsements attached thereto shall not apply to the insurance hereunder as respects such property. 9. All notices herein provided to be given by the Company to the Lender in connection with this policy and this Lender's Loss Payable Endorsement shall be mailed to or delivered to the Lender at its office or branch described in the Declarations of the policy. Approved: Board of Fire Underwriters of the Pacific, California Bankers' Association, Committee on Insurance. farmers.com 25-8975 9-13 Page 4 of 4