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Home My WebLink AboutA3063 - NASSIRI 353 SPC ENCROACHMENT H. K. Nassiri - 353 SPC Encroachment Agreement AGREEMENT #3063 p R17775, 1-22-92 N O RECORDING REQUESTED BY IL _J m"1 AND WHEN RECORDED MAIL TO: 9 CITY CLERK ti w N CITY OF PALM SPRINGS us LL. is P.O. BOX 2743 6-2-8-1-a 0 0 PALM SPRINGS, CA 92263 Esq. UJ !C -(For Recorder's Use only) ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT ("Agreement") is entered into this 16th day of December, 1991, by and between H. K. Nassiri ("Applicant") and the CITY OF PALM SPRINGS, a municipal corporation ("City") R E C I T A L S: A. Applicant is the owner of that certain real property located in the City of Palm Springs, County of Riverside, State of California commonly known as 353 South Palm Canyon Drive, Palm Springs, CA, and more particularly described on Exhibit "A" attached hereto and incorporated herein by reference ("Applicant Property") . B. City is the owner of certain fee and/or easement interest in that certain real property located in the City of Palm Springs, County of Riverside, State of California adjacent to the Applicant Property and more particularly depicted on Exhibit "B" attached hereto and incorporated herein by reference ("City Property") . C. Applicant desires to construct a copper canopy with steel with steel and concrete columns on the City Property in the location depicted on Exhibit "B" ("Encroachment") . D. City has agreed to grant to Applicant an encroachment permit ("Permit") for the Encroachment in accordance with Chapter 14. 16 of the City of Palm Springs Municipal Code on the condition that Applicant execute this Agreement.. C/MASTERS/276/PSMASTERS/02 12/9/91 I 51825 NOW, THEREFORE, the parties hereto agree as follows : 1 .0 License. The City hereby grants to Applicant a license revocable or rel.ocatable with or without cause at any time by the City to construct and maintain the Encroachment upon all of the terms and conditions of the Permit and this Agreement ( "License" ) . 2 . 0 Covenants 2.1 In General . Applicant hereby agrees to construct, maintain, relocate and remove the Encroachment in accordance with Chapter 14 . 16 of the City of Palm Springs Municipal Code, as amended from time to time . 2. 2 Maintenance. Applicant shall maintain, repair and replace the Encroachment and the portion of the City Property located within the Encroachment so as to keep the Encroachment and such area in a neat, clean, first class condition and in good order and repair, free of weeds, trash and debris at all times . In the event Applicant does not maintain the Encroachment and the City Property as required herein, the City may terminate the License as more particularly provided in Section 3 . 0 . 2. 3 Indemnity. Applicant hereby agrees to indemnify and defend the City, its officers , agents and employees against and to hold and save each of them harmless from, any and all actions , suits, claims , damages to persons or property, losses, costs , penalties , obligations, errors, omissions or liabilities (collectively "claims or liabilities" ) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the location, construction, maintenance, relocation or removal of the Encroachment, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers , agents or employees , who are directly responsible to City, and in connection therewith: (a) Applicant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys ' fees incurred in connection therewith; (b) Applicant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities and Applicant agrees to save and hold the City, its officers, agents and employees harmless therefrom; -2- • ' . � � 53825 (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Applicant for such damages or other claims arising out of the location, construction, maintenance, relocation or removal of the Encroachment, Applicant agrees to pay the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including, but not limited to, legal costs and attorneys ' fees. 2. 4 Covenantee Running With the Land. The covenants and restrictions by Applicant set forth in this Agreement : (a) are made for the direct benefit of the City Property; (b) will constitute covenants running with the land and equitable servitudes; (c) will bind Applicant and every person having any fee, leasehold or other interest in any portion of the Applicant Property at any time or from time to time; and (d) will inure to the benefit of the City and every person having any fee, leasehold or other interest in the City Property at any time or from time to time. 3 . 0 Termination. The License is terminable with or without cause by the City at any time . Applicant shall remove the Encroachment and restore the City Property to its former condition, at Applicant ' s sole cost and expense, within thirty ( 30 ) days of written notice from the City. In the event Applicant fails to remove the Encroachment and restore the City Property within said time period, the City shall have the right to do so without notice . Applicant shall immediately reimburse the City for all out of pocket expenses expended to remove the Encroachment and restore the Property. Said amounts shall accrue interest from the date expended by the City at the legal rate of interest . 4 . 0 Miscellaneous . 4 . 1 Notices . Any notice, demand, request, document , consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent prepaid, first-class mail to the following address : To City: City of Palm Springs Post Office Sox 2743 Palm Springs , CA 92263 Attn: Director of Community Development -3- With Copy to: Rutan & Tucker Post Office Box 1950 Costa Mesa, CA 92628-1950 Attn: David J. Aleshire, Esq. To Applicant : Hamid & Massoumeh Nassiri 36-532 Via Abeja Cathedral City, CA 92234 With Copy to: Either party may change its address by notifying the other party of the change of address in writing . Notice shall be deemed communicated at the time personally delivered or in seventy two ( 72) hours from the time of mailing if mailed pursuant to this Section 4 . 1 . 4 . 2 Attorneys Fees . In any action between the parties hereto seeking enforcement of this Agreement, or in connection with the License or the Permit, the prevailing party in such action shall be entitled to have and to recover from the other party its reasonable attorneys ' fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court costs . 4 . 3 Amendment or Modification. This Agreement may not be modified or amended except by written agreement executed by the then-owner of the Applicant Property and the City Property and recorded in the Office of the County Recorder , County of Riverside, California. 4 . 4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California . 4 . 5 Severability. The invalidity or unenforce- ability of any provision of this Agreement with respect to a particular party or set of circumstances shall not in any way affect the validity and enforceability of any other provision hereof or the same provision when applied to another party or to a different set of circumstances . 4 . 6 Recordation. This Agreement shall be recorded in the Office of the County Recorder , Riverside County, California, and it shall serve as notice to all parties succeeding to the interest of Applicant or the City that their use of the Applicant Property and the City Property r" -4- shall be benefitted and/or restricted in the manner herein described. 4 .7 Counterparts . This Agreement may be executed in any number of counterparts, each of which shall constitute an original . IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. APPLICANT H. K. NASSIRI MASSOUMEH NASSIRI "Applicant" [ADD JURAT FOR APPLICANT] ATTEST: CITY r;a!g! S, a municipal corpo itl Clerk By. C Y C "City" APPROVED AS TO FORM: Rutan & Tucker David J. A eshire, City Attorney V 34o3 -5- - � 51825 STATE OF CALIFORNIA ) ss. COUNTY OF ) =fore STATE OF CALI,-FO'F} IA c S5. \\\ State � v � 51�2C r COUNTY OF - 1�L -��-f J s Of On this /�day of � 4%��J-Y�f if^ —, 19 9 ,before me, the unaersigned, the o a Notary Purl' In and for said�C�oennty an State,personally appeared CITY Ira �{ ifr Lt�. and 0 personally known to e(or-pr [o-me-ori-basrsvfsatisfactory-evidencepto be the �� % l %t--� L th 1 n v .P-resident,and �� i t s m personally known me(or-proued-to-rneon-tkle-bzsis.of-satisfactory-evidence]to be the - M Seeretapy of the corporation that executed the within instrument, , g—' and known to me to be the persons who executed the within I Instrument on behalf of the corporation therein named, and "' OFFICIAL NOTARY SEAL ELAINE L.SCHWARTZ acknowledged to me that such corporation executed the same, (IlcSe Notary Publle—California pursuant to Its by laws,or a resolution of its Board of Directors. RIVERSIDE COUNTY WITNESS my hand and official seal. ,{ My Comm.Expires FEB 03.1995 .} JO (!dFp 'fc� /fid'1rr� � _ � J tary signature (This area for official Beall GENERAL ACKNOWLEDGMENT No zot ,, -. . 6,1 ✓TJ State of California on this the 16 da of December 91 d"' Y 19 ,before me, 70 County of Riverside SS. _ Mary Anne Kreizinger—Brown (" the undersigned Notary Public, personally appeared ln� Ln l4i (( H. K. Nassiri & Massoumeh Nassiri a�(n1 ❑ personally known to me f.J 0° OFFICIAL �7 proved to me on the basis of satisfactory evidence 1„ Notary PAGO-COOnrl to be the person(s)whose name(s) are subscribed to the of BIYENSm COUNTY within instrument,and acknowledged that they executed It. ((� M/CarwLFl*.Nor.2a,1992 WITNESS my hand and official seal. On in r r Notary's Signature NI I ATTENTION NOTARY:Although the information requested below Is OPTIONAL,II could prevent fraudulent attachment of this certificate to another document. Q7 en �0� THIS CERTIFICATE Title or Type of Document Fncroachment Agreement l; r MUST BE ATTACHED 9 12/16/91 j TO THE DOCUMENT Number of Pages Date of Document (` DESCRIBED AT RIGHT: City of S `1 Signer(s)Other Than Named Above y Palm Springs .r].2g 122 - NATIONAL NOTARY ASSOCIATION•6236 Remmel Ave•PO Box 7184•Canoga Park,CA 91304 7184 EXHIBIT "A" APPLICANT PROPERTY LEGAL DESCRIPTION Lot 4 in block 18 of Palm Springs , as shown by map on file in book 9 page 432 of maps , records of San Diego County , California . Excepting from lot 4 , the westerly 128. 5 feet and the South 50 feet of the esterly 128 . 5 feet thereof . 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