HomeMy WebLinkAboutA2263 - FRANK AND CONI MATHEWS LICENSE AGR STRUCTURE IN R/W ON STEVENS RD RETURN T0: r- - - --
CiTY CLERK rank & Coni Mathews tic agr
CITY OF PALM SPRINGS to constr brick wall ,iron gate
G & driveway W.Stevens Rd r/w.
BOX 178
CID PALM SPRINGS, 6 92263 LICENSE AGREEMENT AGREEMENT #2263, 10-17-85
r7 Resolution 15704, 11-6-85
z m��Al
This License Agr. ement, Y and entered into this �%i� day of
Y 19 - , by and between the CITY PALM SPRINGS,
�p hereinafter called "LICENSOR", and FRANK MATHEWS AND CONI MATHEWS, HUSBAND AND
L11 WIFE, hereinafter called "LICENSEE".
!n
C2 WITNESSETH:
That Licensor, for valuable consideration and the faithful performance by
Licensee of all the terms and covenants hereinafter set forth on its part to
be performed, does hereby give to Licensee the right to construct maintain,
use and repair a brick wall , iron gates and driveway, herei-natter referred to
in whole or in part as "structure," at such location upon,- across and over a
portion of that certain real property dedicated as right-of-way to the
Licensor, situated in the City of Palm Springs, County of Riverside, State of
California, described as follows:
Being the Northerly 5 feet of Lot 17 and the 13 feet of Stevens
Road Right-of-Way lying Northerly of said Lot 17 of "Palm Vista
Estates Unit No. 1, .in the City of Palm Springs, California,
being a subdivision of a portion of the Northeast quarter of
the Northwest quarter of Section 10, T45, R4E, S.B.B.M. ", filed
for record April 2, 1953 in Map Book 26, Page 9, Records of
Riverside County.
This license is given upon and subject to the following terms, covenants and
conditions:
1 . Licensee, his successors and assigns, and his and their respective
agents and employees, shall have the right and duty to maintain said
structure, and shall have free access to said structure and every part
thereof, at all times, for purposes of exercising the rights herein
granted.
2. Licensee' s rights hereunder shall be subject to all valid .and existing
easements, rights, leases, licenses, reservations and encumbrances
whether of record or not affecting said property or any portion thereof.
3. Any structure placed pursuant to this license shall be constructed in a
careful and workmanlike manner and to the satisfaction of Licensor and
in accordance with plans and specifications to be submitted to and
approved by the City of Palm Springs Building Division before work is
commenced.
n. In the event the structure placed hereunder at any time interferes with
or restricts the reasonable use of the property by Licensor, Licensee
shall within sixty (60) days after written notice from Licensor so to
do, remove, reconstruct, alter or make changes to said structure in a
manner satisfactory to Licensor.
5- The Licensee agrees to hold harmless, indemnify, and defend the Licensor
from liability arising from any action of the Licensee and from any
liability arising from injuries or damage to person or property as a
result of said structure's existence.
During the entire term of this License Agreement, Licensee agrees to
procure and maintain liability insurance at its sole expense to protect
against loss from liability imposed by law for damages on account of
bodily injury, including death therefrom, suffered or alleged to be
suffered by any person or persons whomsoever, resulting directly or
indirectly from any act or activities of the City or Licensee, its sub-
licensees or any person acting for the City, or Licensee or under its
control or direction, and also to protect against loss from liability
imposed by law for damages to any property of any person caused directly
or indirectly by or from acts or activities of the City, or Licensee, or
under its control or direction. Such public liability and property
d LICENSE AGREEMENT
R-85-107
Page 2
Gdamage insurance shall also provide for and
incurring any legal Cost in defending claims for all alleged loss.agaSuch
public liability and property damage insurance shall be maintained in
L1Z full force and effect throughtout the term of the License Agreement and
any extension thereof in the following minimum limits:
Bodily Injury $ 500,000 each person
500,000 each occurrence
1,000,000 aggregate products & completed operations
Property Damage $500,000 each occurrence
500,000 aggregate
A combined single limit policy with aggregate limits in the amount of
$1,000,000 will be considered equivalent to the required minimum limits_
All of such insurance shall be primary insurance and shall name the City
of Palm Springs as an additional insured.
If the operation under this License Agreement results in an increased or
decreased risk in the opinion of the City Manager, then Licensee agrees
that the minimum limits hereinabove designated shall be changed accord-
ingly upon request by the City Manager; provided, however, that the
Licensee may appeal to the City Council within ten days after any
increase is requested and such requirement for increased coverage shall
be subject to determination by the City Council .
Licensee agrees that provisions of this paragraph as to maintenance of
insurance shall not be construed as limiting in any way the extent to
which the Licensee may be held responsible for the payment of damages to
persons or property resulting from Licensee's activities, the activities
of its sub-licensees activities of any person or persons for which
Licensee is otherwise responsible.
6. Evidence of Insurance - A Certificate of Insurance, or an appropriate
insurance binder, evidencing the above insurance coverage with a company
acceptable to the City's Risk Management Officer shall be submitted to
the City prior to execution of this License Agreement on behalf of the
City.
7. Notice to City, Insurance Coverage Change - The terms of the insurance
policy or policies issued to provide the above insurance coverage shall
provide that said insurance may not be amended or cancelled by the
carrier, for non-payment of premiums or otherwise, without thirty (30)
days prior written notice of amendment or cancellation to the City. In
the event the said insurance is cancelled, the Licensee shall, prior to
the cancellation date, submit to the City Clerk new evidence of insur-
ance in the amounts heretofore established.
8. Except as provided in Paragraph 4, above, this License shall not be
revoked so long as said structure is maintained in a manner satisfactory
to the Licensor and is used for the purpose for which it was designed.
However, should Licensee cease to use and maintain said structure for
said purpose, the Licensor or Licensee may, by giving written notice to
such effect to the other in the manner as provided herein, cancel this
license and Licensee shall within sixty (60) days after receipt of said
notice remove said structure at his sole expense and provide a suitable
walkway or landscaping within said period of sixty (60) days. In addi-
tion, should Licensee at any time fail to comply with any provision of
this License Agreement, Licensor may revoke this License Agreement and
give written notice thereof, and Licensee shall within said sixty (60)
day period remove the structure and restore the premises as aforesaid.
WP/ROW
4
LICENSE AGREEMENT
-
R-85-107
Page 3
9. The riotices provided in this License Agreement, given by either party
hereto to the other, shall be deemed to have been duly given when made
in writing and deposited in the United States mail, registered and
postage prepaid, addressed as follows:
To Licensor: The City of Palm Springs
P. 0. Box 1786
Palm Springs, CA 92263
Attention: City Manager
To Licensee:
Mr./and Mrs. Frank Matthews
(�•�.S _fit/ •, d i�y�Fv'"� �.�
Except as herein otherwise provided, the provisions of this License
Agreement shall inure to the benefit of and be binding upon the parties
hereto, their successors or assigns. Assignment requires approval of
the City.
IN WITNESS THEREOF, said Licensor and said Licensee have caused this instru-
ment to be executed in duplicate by their respective officers or party there-
unto duly authorized as the day and year herein first above written.
FRANK M THEWS
CONI MA HEWS
By _
LIP= City Clerk City Man ger
REVIEWED & APPROVED
CITY COUNCIL
APPROVED BY THE
�RES. NO. T f
t _
State ofSW,62:1. _ On this the/J day of me,
l SS.
county of 11 ��_LLtJd 0/{ ! L-
1
the undersigned Notary Public, personally appeared
f personally known to me
OLIVE S M
•fir OFFICIAL SEAL T�proved to me on the basis of satisfactory evidence
CALIFORNIA
- to be the persons)whose name(s) _ of a _- suOscnbed to the
� NOTARY PUBLIC CALIFORNIA
'a a RIMSIOE COUNTY within Instrument,and acknowledged that executed it.
w '^• My comm. expires JUN 10, 1986 WITNESS my hand and official seal. n
Notary's Signature
.ENE RBI eCK Npv+I EOGM EN t FOAM
1
RESOLUTION -NO. 15704
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
to CALIFORNIA, APPROVED LICENSE AGREEMENT WITH
N FRANK MATHEWS AND CONI MATHEWS TO CONSTRUCT A
in BRICK WALL, IRON GATES AND DRIVEWAY UPON A
r� PORTION OF THE PUBLIC RIGHT-OF-WAY KNOWN AS WEST
04 STEVENS ROAD.
WHEREAS Frank Mathews and Coni Mathews are the owners of the property a 695
West Stevens Road; and
WHEREAS West Stevens Road is a dedicated 50 foot road; and
WHEREAS the General Plan calls for West Stevens Road to be widened to a 60
foot road in the future (30 foot half road); and
WHEREAS Frank Mathews and Coni Mathews have dedicated the right-of-way needed
for the future widening of West Stevens Road; and
WHEREAS Frank Mathews and Coni Mathews has requested the City to issue a
License Agreement permitting them to construct a brick wall, iron gates and
driveway upon that portion fo the right-of-way not being used at this time;
and
WHEREAS said brick wall , iron gates, and driveway will not interfer with the
flow of traffic at this time and it is agreed that the improvements shall be
removed if the City needs to use the full width of the right-of-way in the
future;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Springs
as follows:
Section 1. The License Agreement dated October 17, 1985, with Frank Mathews
and Coni Mathews to construct a brickwall , iron gates and driveway
upon a portion of the public right-of-way known as West Stevens
Road, is hereby approved.
Section 2. Said construction of the brick wall iron gates and driveway shall
conform to the design as approved by the Planning Commission.
Section 3. The City Clerk is directed to record said License Agreement in the
Office of Recorder of Riverside County.
ADOPTED this 6th day of November , 1985.
AYES: Members Birer, Foster, Maryanov, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
BY rod+
' City Clerk City Manager
REVIEWED & APPROVED:
WP/Res
r
• y
STATE OF 'CALIFORNIA)
)ss.
COUNTY OF RIVERSIDE)
On December 18 1985, before me, the undersigned, a Notary Public in
and for the said State, personally appeared Norman R. King known to
me to be the City Manager and Judith U—M—IC-ff known to me to
be the City Clerk of the CITY OF PALM SPRINGS, the Corporation that executed the within
bD instrument, known to me to be the persons who executed the within Instrument, on behalf
of the Corporation herein named, and acknowledged to me that such Corporation executed
the within Instrument pursuant to its by-laws or a res 1ution or ordinance'.� / CSC('
WITNESS my hand and official seal : �L-( Z-f9
Notary Public in and for said State
C1FFIGIAL SEA.t
ram' E ANNIE E WICKLIN
J m NOTARY Plll3LIC-CALIPORNIA
RIVERSIDE COUNTY
"!w' My camm. expires MAY 22, 1889
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