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HomeMy WebLinkAboutA2661 - WESSMAN DEVELOPEMENTT- N tC a LO 0 N O M d E d O U. Z W w X J J Q W 6f C1 d U) J J Q V O Z O Q w 06 H Z O U II N a 0 0 0 o 0 N 0 0 0 0 0 to E O' w d E 3 Z E E dc, E E to u o c G m E m 7 � 0 � N d a K w w 3 r c , 00 x to w °c. c w U d r p -a d N O u N CD N N O U = Q) O LL ._ �- .2 m CL fn _ O E d m 0 CL p o C M O E C U E m a � o M M A IA fA W U m C o ;�a Q Z cw C O J w U U O z Z of U w w o ,6 a a cca > > m mom`~ LL O c O U N cc C9 co x � r 0 N M N o� M ID co Q a� U g n O Z O w 3 °6 w w z a w O LL U � J N 7 a v o .Z U;0 N 5 O a- W w LL 0 z w s •sADp!.jA uo pasop pun'ADps.jn4-L Ono.r4 Ai)puoW 'wd 9 o4 wD 9 uado s! 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THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER �M %� q C Weingarten &Hough v / CA License No. 0086542 610 S. Belardo Rd Ste 300 f-� �l / � Palm Springs CA 92264 , / �/•� CONTACT Patricia Jobin NAME: PHONE (760) 325-2526 AI No: (760)322-5970 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A. -United National Insurance Company 41335 INSURED Wessman Holdings LLC 555 S. Sunrise Way #200 Palm Springs CA 92264 INSURER B : INSURERC• INSURERD: INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER:2015-2016 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMlDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE UIOCCUR DAMAGE PREMISES (Ea occuence $ 50,000 MED EXP (Any one person) $ 5,000 X L7220655 10/1/2015 10/1/2016 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PqPOLICY PRO JECT LOC PRODUCTS - COMP/OP AGG $ Included $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EACH OCCURRENCE $ 5,000,000 X HOCCUR AGGREGATE $ 5,000,000 A EXCESS LIAB CLAIMS -MADE DED RETENTION$ 0 $ PSX0000419 10/1/2015 10/1/2016 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y❑ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N / A SEATUTE R E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT 1 $ If Yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: license agreement #rs: A0309C (Bullockls); 4404 (encroachment license R20187); A1352 (landscape easement); A2661 (Plaza de las Flores); 437C (courtyard signage) and 0417C (Steinmart). Certificate holder is named as an additional insured. Coverage isprimary and non-contributory to any insurance the City of Palm Springs may carry. CERTIFICATE HOLDER CANCELLATION '(­rJI OHI s3WVr SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Springs 3200 E Tahquitz Canyon va� :01 WV I 10SIB THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Palm Springs, CA 92262 AUTHORIZED REPRESENTATIVE qi a d 5 W l V d � 0 j( 03A1333b Patricia Jobin/PT ACORD 25 (2014/01) INS025tmi4m) ©1988-2014 ACORD CORPORA I Ivry. AN ngnts reser veu. The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds 555 Sunrise LLC Canyon Plaza North LLC & Canyon Plaza North Inc. Canyon Plaza South - SSFM, LLC Coachella Calley Equipment Rentals, Inc. Coachella Valley Equipmental Rentals, LLC Crossley Partners LLC Grandview Oaks LLC John & Sandy Wessman John & Sandy Wessman and David Levy John Wessman John Wessman & Saul Rosenweig John Wessman dba HTW Mercado Plaza LLC & Mercado Plaza, Inc. NPSWB LLC Plaza Las Flores LLC & Plaza Las Flores, Inc. Da Vall Group, LLC Ronald Wessman Wessman Construction Co., Inc. Wessman Development Profit Sharing Plan Wessman Holdings, LLc Wessway, Inc. OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC Reeerding Requested By: Return to: CITY CLERK City of Palm Springs P.O. Box 1786 Palm Springs, CA 92263.- ry z ..y LICENSE AGREEMENT (Amended) Wessman Development Co - Amended & Restated License Encroach Into Tahquitz Way AGREEMENT 2661 (AMENDED) my imp 0-1-03 THIS LICENSE is made and entered into this 7 /,Z!f- day of f /9,,f5 by and between the CITY OF PALM SPRINGS, hereinafter called Licensor" and WESSMAN DEVELOPMENT COMPANY, a sole proprietorship, hereinafter called "Licensee". RECITALS: WHEREAS the licensor has sold to the licensee certain property adjacent to the property described herein and adjacent parcels; and WHEREAS the licensor has approved plans for the remodelling of the property sold to licensee; and WHEREAS the plans contemplate a structure upon the public right-of-way; GRANT OF LICENSE: 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 certain structures, hereinafter referred to in whole or in part as "structure", at such location as approved by the City Council on September 17, 1984, upon, and to construct, maintain, use and install underground greasetraps, at such locations as may be approved by the City Building Division across and over a portion of that certain real property owned by Licensor, situated in the County of Riverside, State of California, described as follows: All that portion of block designated as "Mrs. Brooks", also known as Block 27 on map of town of Palm Springs, in the City of Palm Springs, County of Riverside, State of California, in Book 9, Page 432 of Maps, San Diego County Records by metes and bounds as follows: 1. Beginning at the northeasterly corner of said Block; thence northerly along an extension of the easterly line of said Block 15 feet; thence easterly parallel with the northerly line of said Block 15 feet; thence southerly parallel with the easterly line of said Block 130 feet; thence westerly parallel with the northerly line of said Block 15 feet; thence northerly along the easterly line of said Block 115 feet to the point of origin; and 2. Beginning at a point on the westerly line of said Block 80 feet southerly of the northwesterly corner of said Block; thence westerly parallel with the northerly line of said Block 12 feet; thence southerly parallel with the westerly line of said Block 55 feet; thence easterly parallel with the northerly line of said Block 12 feet; thence northerly along the westerly line of said Block 55 feet to the point of origin. 1. Licensee, his successors and assigns, and his and their respective agents and employees, shall have the right and duty to maintain said structure, ki ,, 20393'7 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 in accordance with plans and specifi- cations to be submitted to and approved by the City of Palm Springs Building Division before work is commenced. 4. The licensee agrees at all times, from and after substantial completion of the structure and at its own cost and expense, to repair, replace and maintain in good condition the premises and every part thereof, including without limitation, all fixtures and other equipment therein, the store front or store fronts, all licensee's signs, and all such items of repair, maintenance and improvement or reconstruction as may at any time or from time to time be required by a government agency having jurisdiction thereof; provided however that nothing in this section contained shall authorize or allow the licensor to adopt requirements applicable to this license which requirements are not generally applicable to all other licenses issued by it. If licensee refuses or neglects to make repairs and/or maintain the premises, or any part thereof, as required above, licensor shall have the right, upon giving licensee reasonable written notice of its election to do so, to make such repairs or perform such maintenance on behalf of and for the account of licensee. In such event such work shall be paid for by licensee promptly upon receipt of a bill therefore. 5. The licensee agrees to indemnify, hold harmless 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 licensor or licensee, its sublicensees or any person acting for the licensor, 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 of activities of the licensor, licensee, or its sublicensees, or any person acting for the City or licensee, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the licensor against incurring any legal cost in defending claims for alleged loss. Such public liability and property damage insurance shall be maintained in full force and effect throughout the term of the License Agreement and any extension thereof in the following minimum limits: Bodily Injury $500,000 each person $1,000,000 each occurrence $1,000,000 aggregate products and 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. -2- 20393'7 All of such insurance shall be primary insurance and shall name the City of Palm Springs as an additional insured. The licensor, from time to time adjusts its basic coverage to conform to changing property values and awards 'of damage. The City Manager, when this occurs, may require modifications to this coverage to conform to other properties similarly covered and licensee agrees that the minimum limits hereinabove designated shall be changed accordingly upon request by the City Manager; provided, however, that the licensee may appeal to the City Council within ten (10) days after any increase is requested and such requirement for increased coverage shall be subject to determina- tion 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 activi- ties of its sub -licensees activities of any person or persons for which licensee is otherwise responsible. 6. Hold Harmless - Licensee agrees to indemnify, defend and save City and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to licensee's employees and all claims which arise from or are connected with the performance of or failure to perform the work or other obligations of this agreement, or are caused or claim to be caused by the acts or omissions of licensee, its agents or employees, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the City, its agents or employees. 7. 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 licensor prior to execution of this License Agreement on behalf of the licensor. 8. Notice to Licensor, 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 licensor. 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. 9. This license shall not be revoked so long as said structure is maintained as provided for herein. 10. The notices 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 or certified and postage prepaid, addressed as follows: To Licensor: The City of Palm Springs P.O. Box 1786 Palm Springs, CA 92263 To Licensee: John Wessman 67625 Highway 111 Cathedral City, CA 92234 -3- 20393'7 1` Except as herein otherwise provided, the provisions of"fhis License Agreement shall inure to the benefit of and be binding upon the, parties hereto, their successors or assigns. IN WITNESS WHEREOF, said licensor and said licensee have caused this instru- ment to be executed in duplicate by their respective officers of party thereunto duly authorized as of the day and year herein first above written. ATTEST: BY ._ 1ty Clerk REVIEWED AND APPROVED: APPROVED BY THE CITY CC C� BY RES. NO. 13 GENERAL ACKNOWLEDGMENT ............................................. • State of California SS. County of-- gee 0� Fp i�u� iMl IMRTRA R. NI661N3 NOTARY PU84►C�CANfOM RIVERSIDE COUN" Ilr COlM. EXP. DEC. 11. 19 CITY OF PALM SPRINGS, CALIFORNIA ri +,,City Manager WESSMAN DEVELOPMENT COMPANY, _ASkle Proprietorship , Licensee 203937 CAL, 23 .......................................................................... On this the�IJ1 4ay of ��^�-=' 19-9'0/1, before me, the undersigned Notary Public, personally appeared t�emnnally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) S subscribed to the within instrument, and acknowledged that Pxecuted it. WITNESSmv hand and official seal. • Notary's Signature ........................................................................................................................... Wessman Development Ca. - AFTER RECORDING Lic Agr for structtwe in r/w 7 o 19 Plaza de las Flores - Tahq Way Return to: AGREEMENT #2661 CITY CLERK n!.Ty 4-89 moM3a6 C� City of Palm Springs P.O. Box 1786 t _ Palm Springs, CA 92263 LICENSE AGREEMENT THIS LICENSE 0by and and WESSMAN "Licensee". RECITALS: S:4 is made and entered into this day of , between the CITY OF PALM SPRINGS, hereinafter called Lic nsor" DEVELOPMENT COMPANY, a sole proprietorship, hereinafter called WHEREAS the licensor has sold to the licensee certain property adjacent to the property described herein and adjacent parcels; and WHEREAS the licensor has approved plans for the remodelling of the property sold to licensee; and WHEREAS the plans contemplate a structure upon the public right-of-way; GRANT OF LICENSE: 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 certain structures, hereinafter referred to in whole or in part as "structure", at such location as approved by the City Council on September 17, 1984, upon, across and over a portion of that certain real property owned by Licensor, situated in the County of Riverside, State of California, described as follows: All that portion of block designated as "Mrs. Brooks", also known as Block 27 on map of town of Palm Springs, in the City of Palm Springs, County of Riverside, State of California, in Book 9, Page 432 of Maps, San Diego County Records by metes and bounds as follows: 1. Beginning at the northeasterly corner of said Block; thence northerly along an extension of the easterly line of said Block 15 feet; thence easterly parallel with the northerly line of said Block 15 feet; thence southerly parallel with the easterly line of said Block 130 feet; thence westerly parallel with the northerly line of said Block 15 feet; thence northerly along the easterly line of said Block 115 feet to the point of origin; and 2. Beginning at a point on the westerly line of said Block 80 feet southerly of the northwesterly corner of said Block; thence westerly parallel with the northerly line of said Block 12 feet; thence southerly parallel with the westerly line of said Block 55 feet; thence easterly parallel with the northerly line of said Block 12 feet; thence northerly along the westerly line of said Block 55 feet to the point of origin. 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, RV at all times, for purposes of exercising the rights herein granted. O it 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 in accordance with plans and specifi- cations to be submitted to and approved by the City of Palm Springs Building Division before work is commenced. 4. The licensee agrees at all times, from and after substantial completion of the structure and at its own cost and expense, to repair, replace and maintain in good condition the premises and every part thereof, including without limitation, all fixtures and other equipment therein, the store front or store fronts, all licensee's signs, and all such items of repair, maintenance and improvement or reconstruction as may at any time or from time to time be required by a government agency having jurisdiction thereof; provided however that nothing in this section contained shall authorize or allow the licensor to adopt requirements applicable to this license which requirements are not generally applicable to all other licenses issued by it. If licensee refuses or neglects to make repairs and/or maintain the premises, or any part thereof, as required above, licensor shall have the right, upon giving licensee reasonable written notice of its election to do so, to make such repairs or perform such maintenance on behalf of and for the account of licensee. In such event such work shall be paid for by licensee promptly upon receipt of a bill therefore. 5. The licensee agrees to indemnify, hold harmless 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 licensor or licensee, its sublicensees or any person acting for the licensor, 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 of activities of the licensor, licensee, or its sublicensees, or any person acting for the City or licensee, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the licensor against incurring any legal cost in defending claims for alleged loss. Such public liability and property damage insurance shall be maintained in full force and effect throughout the term of the License Agreement and any extension thereof in the following minimum limits: Bodily Injury $500,000 each person $1,000,000 each occurrence $1,000,000 aggregate products and 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. -2- -)- Iq — -�5 All of such insurance shall be primary insurance and shall name the City of Palm Springs as an additional insured. 1 ' The licensor, from time to time adjusts its basic coverage to conform to changing property values and awards of damage. The City Manager, when this occurs, may require modifications to this coverage to conform to other properties similarly covered and licensee agrees that the minimum limits hereinabove designated shall be changed accordingly upon request by the City Manager; provided, however, that the licensee may appeal to the City Council within ten (10) days after any increase is requested and such requirement for increased coverage shall be subject to determina- tion 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 activi- ties 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 licensor prior to execution of this License Agreement on behalf of the licensor. 7. Notice to Licensor, 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 licensor. 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. This license shall not be revoked so long as said structure is maintained as provided for herein. 9. The notices 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 or certified and postage prepaid, addressed as follows: To Licensor: The City of Palm Springs P.O. Box 1786 Palm Springs, CA 92263 To Licensee: John Wessman 67625 Highway 111 Cathedral City, CA 92234 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. IN WITNESS WHEREOF, said licensor and said licensee have caused this instru- ment to be executed in duplicate by their respective officers of party thereunto duly authorized as of the day and year herein first above written. ATTEST: B y Clerk CITY OF PALM SPRINGS, CALIFORNIA AiE:� City Manager REVIEWED AND APPROVED: lam! WESSMAN DEVELOPMENT COMPANY, r A Sole Proprietorship * OHN WESSMAN, Licensee -3- ra EXHIBIT H ;A Q C�2