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HomeMy WebLinkAboutA3074 - DESERT HOSPITAL PARKING STRUCTURE ENCROACHMENT 1220 NPC : Desert Hospital Corp. Encroachment Agreement 1220 NPC - Parking Structure I AGREEMENT #3074 R17785, 2-5-92 RECORDING REQUESTED BY O rn Q AND WHEN RECORDED MAIL TO: O U eCs C? U. , CITY CLERK W m NCITY OF PALM SPRINGS f P.O. BOX 2743 V PALM SPRINGS, CA 92263 us (For Recorder ' s Use On1v) ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT ( "Agreement" ) is entered into this 13 day of JANUARY r 1992; by and between DESERT HOSPITAL CORPORATION ( "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 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 Parking Structure 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/PS MASTERS/02 12/9/91 120830 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; J-2- ' 120830 (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 Covenants 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 Box 2743 Palm Springs , CA 92263 Attn: Director of Community Development -3- I • 12083© With Copy to: Rutan & Tucker Post Office Box 1950 Costa Mesa, CA 92628-1950 Attn: David J. Aleshire, Esq. To Applicant: Michael E. Fontana 1276 N. Palm Canyon Dr_ F—Ste. 204 Palm Springs , CA_ 97762 With Copy to: Michael Appelhans Fa ,,; re 1150 N. Indian Canyon Drive Palm Springs, CA_ 92262 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 � 0 _ -4- 120830 (0 ,a shall be benefitted and/or restricted in the manner herein Y described. '4 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 fir set forth above. Peter er ann, Chief Financial Officer APPLICA IT Desert Hospital � "Applicant" N l [ADD -rURAT FOR APPLICANT] ATTEST: CITYY �7 PF L SPR-I GS, �a municipal corp \ation l City Clerk City Manager "City" APPROVED AS TO FORM: Rutan & Tucker David Aleshire, City Attorney -s- State of Californ SS S. 120830 County of Riverside On this 1st day of April, 1992 , before me, ELAINE L. SCHWARTZ, the undersigned Notary Public, personally appeared ***ROB W. PARKINS*** and ***JUDITH SUMICH***, personally known to me to be the persons who executed the within instrument as CITY MANAGER AND CITY CLERK or on behalf of the City of Palm Springs, a municipal corporation, therein named, and acknowledged to me that the corporation executed OFFICIAL NOTARY SEAL WITNESS m hand and official seal.', `-^r" ELAINELSCHWAR7Z y °" '"d%� f Notary Public—California ' RIVERSIDE COUNTY My Comm.Expires FEB 09,1995 c� Notary Public CORPORATE ACKNOWLEDGMENT 120830 NO.202 Il .J State of c:r9 Lt 1 o w',1�1 1 >7 ^ v _y : 9S. On this the 2�day �. �Yin ck)-,JJ`J ,before me, _�. ct' 19 ( y `- r� t (J a psi 'County of P,y V a d:S I'n F V F nrvn 12� l_n = - (� 1i the undersigned Notary Public, personally appeared)ai Gi f. i.o pI .P�4 C Y2 X'�t R.(, I— n A NCj 1.) ij _ ] personally known to me q OFFICIAL Si'.F�-� � ❑ proved to me on the basis of satisfactory evidence (' 0) ® Verna M. Loe¢flet. to be the persoh(s)who executed the within instrument as �,,� NOTARY PUBLIC-CALIFORNIA C11\F1= `1 vn r-t a 4 r1tFi c1=p or on behalf of the corporation therein (')�`;$ RIVM'GilirmERSIDE COUNTY named,and acknowledged to me that the corporation executed it. t�') E1�fM June 221, 1995 CJ '•', WITNESS my hand and official seal. l� I' Notary's Signature '') pI t; V ' ATTENTION NOTARY:Although the information requested below is OPTIONAL,R could prevent iraudulent attachment of this cerlifcate to another document THIS CERTIFICATE Title or Type of Document E nrc;n.,,a u• 1 = Y y4 c dZE t=rr,=r -� l MUST BE ATTACHED )3 mcCz 1 ( Number of Pages Date of Document 3(aWURd2Y \' UI� TO THE DOCUMENT -"� cU DESCRIBED AT RIGHT: Signer(s)Other Than Named Above Ct:rry MD1 IACFR Crri CF brilrn SPIRIi"✓L.S 7100-010 © NATIONAL NOTARY ASSOCIATION•02M Remmel Ave.-PO Box 7184•Canons Park,CA 91304-7184 320830 EXHIBIT "A" APPLICANT PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THOSE PORTIONS OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A" COMMENCING AT THE SOUTHEAST CORNER OF LOT 19 OF PALM SPRINGS ESTATES NO. 3, AS SHOWN BY MAP ON FILE IN BOOK 17, PAGE 34 OF MAPS, RECORDS OF SAID RIVERSIDE COUNTY; THENCE SOUTH 89052'20" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 19, A DISTANCE OF 20.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 50.00 FEET WESTERLY, AS MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF INDIAN CANYON AVENUE; THENCE SOUTH 0002'00" EAST ALONG SAID PARALLEL LINE A DISTANCE OF 122.43 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING ON A NON-TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 12.66 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 37001 '22" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 105053'16" AN ARC DISTANCE OF 23.40 FEET TO A POINT ON SAID PARALLEL LINE; THENCE NORTH 0002'00" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 20.21 FEET TO THE TRUE POINT OF BEGINNING. PARCEL "B" COMMENCING AT THE SOUTHWEST CORNER OF PALM SPRINGS ESTATES NO. 3, AS SHOWN BY MAP ON FILE IN BOOK 17, PAGE 34 OF MAPS, RECORDS OF SAID RIVERSIDE COUNTY; THENCE NORTH 89152'20" EAST ALONG THE SOUTHERLY LINE OF SAID PALM SPRINGS ESTATES NO. 3 A DISTANCE OF 20.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 50.00 FEET EASTERLY, AS MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF NORTH PALM CANYON DRIVE; THENCE SOUTH 0000'25" EAST ALONG SAID PARALLEL LINE A DISTANCE OF 110.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 0000'25" EAST, 37.66 FEET; THENCE SOUTH 89°52'20" WEST, 8.05 FEET; THENCE NORTH 0107'40" WEST, 21 .32 FEET; THENCE SOUTH 89152'20" WEST, 1 .67 FEET; THENCE NORTH 0107'40" WEST, 5.33 FEET; THENCE NORTH 89052'20" EAST, 1 .67 FEET; THENCE NORTH 0107'40" WEST, 11 .01 FEET, THENCE NORTH 89052'20" EAST, 8.13 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT "A" TO ENCROACHMENT AGREEMENT PAGE 1 OF 2 120630 EXHIBIT "A" APPLICANT PROPERTY PARCEL "C" COMMENCING AT THE SOUTHWEST CORNER OF PALM SPRINGS ESTATES NO. 3, AS SHOWN BY MAP ON FILE IN BOOK 17, PAGE 34 OF MAPS, RECORDS OF SAID RIVERSIDE COUNTY; THENCE NORTH 89052'20" EAST ALONG THE SOUTHERLY LINE OF SAID PALM SPRINGS ESTATES NO. 3 A DISTANCE OF 20.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 50.00 FEET EASTERLY, AS MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF NORTH PALM CANYON DRIVE; THENCE SOUTH 0000'25" EAST ALONG SAID PARALLEL_ LINE A DISTANCE OF 66.61 FEET TO THETRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 0000'25" EAST, 12.32 FEET; THENCE SOUTH 89°52'20" WEST, 8.19 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 6.16 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 180000'00" AN ARC DISTANCE OF 19.35 FEET; THENCE NORTH 89'52'20" EAST, 8.22 FEET TO THE TRUE POINT OF BEGINNING. PARCEL "D" COMMENCING AT THE SOUTHWEST CORNER OF PALM SPRINGS ESTATES NO. 3, AS SHOWN BY MAP ON FILE IN BOOK 17, PAGE 34 OF MAPS, RECORDS OF SAID RIVERSIDE COUNTY; THENCE NORTH 89°52'20" EAST ALONG THE SOUTHERLY LINE OF SAID PALM SPRINGS ESTATES NO. 3 A DISTANCE OF 20.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 50.00 FEET EASTERLY, AS MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF NORTH PALM CANYON DRIVE; THENCE SOUTH 0000'25" EAST ALONG SAID PARALLEL LINE A DISTANCE OF 3.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 0000'25" EAST, 37.00 FEET; THENCE SOUTH 89°52'20" WEST, 17.94 FEET; THENCE NORTH 0107'40" WEST, 37.00 FEET; THENCE NORTH 89052'20" EAST, 18.02 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT "A" TO ENCROACHMENT AGREEMENT PAGE 2 OF 2 CITY PROPERTY 12083U r IN AN ®® ® CANYO r -I I��L — — — — — — -— ——- — —- — — — — AIH — —x- —x- —x- —x- —x— - I - I L _ I I F HAS p o char � I PARKING STRUCTURE I I I ;I � I I I B I zz I x i I II I - - — — — — — —x— —x— —x— —x— —x— — —x— —x— ® — PALM CANYON DRIVE SHADED AREA REPRESENTS ENCROACHMENT 30 SCALE EXHIBIT OF ENCROACHMENTS - 1625 [0, 1BIPF: 752G 132 06-Jan-92 10: 38 AM / 752-1 EXHIBIT nBn