11 - Terminate/Release Waiver of Damages or Covenant & Agreement

The process and fees to terminate a Waiver of Damages attached to a permit shall take into consideration the following:

1. Language on the recorded Waiver of Damages
   1. City Engineer Authority:  The waiver will state the City Engineer has the authority to remove the waiver
   2. Board of Public Works Authority:  The waiver will state the Board of Public Works has the authority to remove the waiver. Additionally, on March 16, 2022, The Board of Public Works authorized the City Engineer to act on behalf of Board in terminating Revocable Permit the Waiver of Damages ONLY where the encroachment has been removed and there is clearly no longer a need for the Revocable Permit and associated Waiver of Damages (BPW-2022-0163).
2. Whether or not a field visit is required to remove the waiver
3. If removal places undo liability on the City

If a permittee wishes to terminate a Waiver of Damages associated with an R-Permit, the following fees shall apply and are based on LAMC 62.118.2 - Improvements in Public Streets - Issuance of Revocable Permits.  If at any point the permittee requires the City to perform actions within a higher "Tier" the permittee would be responsible for paying the difference in costs.  NOTE:  The "Tier" the permit was issued under has no bearing on what "Tier" the termination/release is processed.

The following are the differences between the three tiers.

Tier 1 Fee

• Most current recorded Waiver of Damages form stating the City Engineer or City Engineer on behalf of the Board of Public Works (BPW-2022-0163) can terminate the Waiver
• No field investigation is required because the modifications made to the public of right were easily removed
• In most cases, no BOE Construction A, B or E-Permit was required as a condition of the R Permit

Tier 2 Fee

• Most current recorded Waiver of Damages form stating the City Engineer can terminate the Waiver
• A field investigation is required to confirm any encroachments have been removed from the public right of way
• A BOE Construction A, B or E-Permit or LADBS Construction Permit was obtained to remove the encroachments if physical removal was required (Permittee may also be required to restore/repair/replace the public right of way to meet current ADA requirements

Tier 3 Fee

• Most current recorded Waiver of Damages form stating the Board of Public Work can terminate the Waiver (this generally applies to older issued R Permits and more technical/controversial R-Permits).  A Tier 3 requires BOE staff to prepare a Board report.
• The project is controversial or highly technical in nature
• A field investigation is required to confirm any encroachments have been removed from the public right of way
• A BOE Construction A, B or E-Permit or LADBS Construction Permit was obtained to remove the encroachments if physical removal was required (Permittee may also be required to restore/repair/replace the public right of way to meet current ADA requirements
• Any appeal to a BOE removal decision

Permittee Requirements

The permittee will be required to submit the following documentation based on the determined Tier in order to have the Waiver of Damages terminated.  PLEASE NOTE - Tier 2 and 3 will take additional time and may require the permittee to obtain additional permits to remove the encroachments.

1. Copy of the most current and applicable recorded Waiver of Damages form stating whether or not the City Engineer or Board of Public Works can terminate the Waiver
2. Completion of the Modification / Termination of Covenant & Agreement or Waiver of Damages Packet
3. If applicable, a finalized construction permit from BCA stating the public right of way was restored/repaired/replaced
4. If applicable, photographs of the subject area
5. Payment of the appropriate fee/deposit per LAMC 62.118.2 - Improvements in Public Streets - Issuance of Revocable Permits and applicable surcharge (LAMC 61.03 - Surcharge for Equipment and Training).  Payment can be made once BOE has confirmed the Tier.  The required surcharge fee will be drawn from the deposit as the deposit is used.

BOE Processing of the Termination

Once all the applicable documents have been received, BOE staff should process the termination of the Waiver of Damages per the following procedures.

1. Review the current Waiver of Damages and determine if the City Engineer can remove the Waiver on behalf of the Board of Public Works.  This language is directly on the recorded Waiver and specifically references who has the authority to "release" the waiver.  
   1. For R-Permits, this review will also help determine which "Tier" will be applied.

On-Line Application Processing

1. Look up the R-Permit in the on-line application.  If one does not exist, BOE staff will have to create a new record per the 00 - Revocable (R) Permit Application Processing Procedures in this manual.
2. Upload all documents received from the Permittee to the "Add Attachments" section of on-line application
3. Unlock the existing application by clicking the box next to the "Check to Lock application".  If BOE enters a new Application in the system there would be no need to unlock the application.
4. Within the Permit Fees Grid, select the appropriate fee from the "Permit Fee" drop down:
   1. No Field Investigation ($556.00) - Tier 1 fee
   2. Field Investigation Required ($1,854.00) - Tier 2 fee
   3. Board Report Required (Actual Cost) - Tier 3 fee
5. In the "BOE Comments" grid, make note of any of the following:
   1. Date changes were made, initials of the person making the changes, and detailed notes about what is being done and changed.  NOTE: in the current system, you will be overriding dates and fees and Board Report information from the original permit.  These changes shall be noted in this grid.
6. Collect payment from the Permittee (two options for collecting payment)
   1. Click "Collect Credit Card Payment" from the left menu
      1. Process this payment per the 00 - Revocable (R) Permit Application Processing Procedures in this manual. 
   2. Click "Payment Receipts" from the left menu.  
      1. In the "Permit Processing" grid, and click the "Allow Customer to Pay Online" box (this will open the "Payment Options" in the Permittee's screen)
         1. Permittee will click "Payment Options" from the left menu
         2. Select either of the following:
            1. Pay by Check:  Permittee to print the  a copy of the page and send this with the check.  Once received, BOE would process the check as an ACH through the 07 - Universal Cashiering On-Line Processing procedures. 
            2. Pay by Credit Card:  Process this payment per the 00 - Revocable (R) Permit Application Processing Procedures in this manual.
      2. Click "Add New Receipt" (Note:  Some projects may include multiple fees so this process would be used at each stage)
      3. Check the applicable box next to the unit fee
      4. Proceed to the Universal Cashiering online application to generate an invoice to send to the customer.  The procedures for how to process payments can be found in this manual under Other BOE Permits/Processes and called 07 - Universal Cashiering On-Line Processing. 
      5. Click "Update"
7. In the "Permit Processing" grid, and click the "Check to Lock Application" box
8. Scan and upload any payment information to the "Add Attachments" section of on-line application
9. In the "Permit Processing" grid, and click the "Check to Lock Application" box
10. Click "Update Application"

Waiver Removal

City Engineer Authority

1. BOE to prepare the City Engineer Authority "TERMINATION OF WAIVER OF DAMAGES AND INDEMNIFICATION AGREEMENT AND RIGHT OF INGRESS AND EGRESS – COVENANT TO RUN WITH THE LAND" letter for the Permittee
   1. The District Engineer shall only sign this document in the presence of a Permittee obtained Notary Public.  The Permittee is responsible for arranging a meeting between the District Engineer and Notary Public to sign and notarize the TERMINATION OF WAIVER OF DAMAGES AND INDEMNIFICATION AGREEMENT AND RIGHT OF INGRESS AND EGRESS – COVENANT TO RUN WITH THE LAND".
   2. BOE to upload the completed document to the "Add Attachments" section of on-line application
   3. BOE to provide the original notarized document to the Permittee for recordation at the County of Los Angeles

Board of Public Works Authority

1. On March 16, 2022, The Board of Public Works authorized the City Engineer to act on behalf of Board in terminating Revocable Permit the Waiver of Damages ONLY where the encroachment has been removed and there is clearly no longer a need for the Revocable Permit and associated Waiver of Damages (BPW-2022-0163). If this is not the case, City staff should follow the below process.
2. BOE to prepare a Draft Board Report which will include the following:
   1. Board of Public Works "TERMINATION OF WAIVER OF DAMAGES AND INDEMNIFICATION AGREEMENT AND RIGHT OF INGRESS AND EGRESS – COVENANT TO RUN WITH THE LAND" form (prepared by BOE)
   2. Copy of all original permit(s)  
   3. Copy of the recorded Waiver of Damages
   4. Any photos or documents depicting the project
3. Submit the draft board report and transmittals to the Civil Engineer in charge of the appropriate permit section (R Permits, A Permits, etc.) to review and to initial the report for further processing.
4. After the Civil Engineer has reviewed and approved the Draft Board Report, submit the Draft Board Report and transmittals to the District Engineer to review and to initial the report.
5. Forward a completed electronic copy of the Board Report to the Board Report Unit  at eng.boardrpt@lacity.org.
   1. The BOE Board Report Unit will schedule a briefing between BOE Staff (usually a Principal) and BOE Commissioner prior to scheduling a Board of Public Works Board meeting.  A briefing report should be prepared in advance of the meeting with the Commissioner to assist with answering any questions and to have a complete history of the case.
6. Once the Board Report has been signed, the BOE Board Report Unit will request the item be placed on the next meeting's agenda
7. BOE Staff will notify the Permittee of the date, time, and location of the BPW meeting
8. BOE Staff (usually a Principal) will attend the BPW meeting and be prepared to provide an oral report to the Board, if asked, and answer any questions
9. If approved, the Board of Public Works will sign the documents and return a copy to BOE
10. BOE will provide the Permittee with a copy of the approved documents for recordation at the County of Los Angeles