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Home My WebLink AboutA7067 - CGPM MANAGERS, LLC, Century Golft pALM dp Q N Agreement to Indemnify and Hold Harmless • C4400R by City of Palm Springs to CGPM Managers, LLC, a Texas limited liability company ("Century Golf'1 1. Background. A row of tamarisk trees lines the east edge of Fairways #14 and #15 of the Tahquitz Creek "Legends" Golf Course (the "Trees"). There is also a chain link fence located with the Trees (the "Fence"). The Trees are located on City property on the Golf Course, and have been in their location since approximately 1958 or before, and were likely planted and used as a windbreak. On October 22, 2008, the City entered into an agreement with CGPM Managers, LLC, a Texas limited liability company, otherwise known as "Century Golf", to operate and maintain the Golf Course. Since 2008, Century Golf has maintained the Golf Course including the Trees. In 2016 members of the residential subdivision located immediately east of the Golf Course and south of 34th Avenue (including Lawrence Street, Marguerite Street, and Martha Street, and generally identified as the "Lawrence Crossley Tract"), requested the City remove the existing Trees on the Golf Course. On January 24, 2018, the City Council authorized removal of the Trees by Century Golf pursuant to the request of property owners residing in the Lawrence Crossley Tract adjacent to the Golf Course. Century Golf has agreed to coordinate removal of the existing Trees, subject to the City releasing Century Golf from damages and liability that may occur due to errant golf balls into the adjacent Lawrence Crossley Tract ("Errant Golf Balls"). The City Council authorized the City Attorney to prepare, and the City Manager to execute, this agreement ("Agreement") to memorialize and give effect to the City's intent and decision to indemnify and hold Century Golf harmless, with respect to Century Golf actions and omissions related to its removal of the existing Trees at the City's request. 2. Indemnification and Hold Harmless. City, in exchange for Century Golfs promise to perform and complete all work necessary to remove the existing Trees from the Golf Course (the "Work"), executes this Agreement, and waives and releases any and all any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims") against Century Golf or the City arising from or related to the Work and/or Errant Golf Balls, which Claims are filed or originated by property owners within the Lawrence Crossley Tract, or by other persons with Work -related Claims arising proximate to and within the Lawrence Crossley Tract, from damages, injuries, or death, that may be alleged to have resulted from Century Golfs Work, Errant Golf Balls, or the removal of the Trees, (the "Released Claims"). To the fullest extent permitted by law, City shall defend (at City's sole cost and expense), indemnify, protect, and hold harmless Century Golf, its affiliates, and each of their respective officials, officers, employees, contractors, and agents, (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees, arising specifically from and limited to the Released Claims. This Release expressly excludes any and all Claims arising from Century Golf's general operations and maintenance of the Golf Course pursuant to that certain Management Agreement Century Golf Indemnification and Hold Harmless Lawrence Crossley Tract Tamarisk Tree Removals Page 2 of 2 originally executed by the City and Century Golf on October 29, 2008, identified as City Agreement No. 5741, and any and all Claims directly resulting from the sole negligence or willful misconduct of Century Golf, or any of the Indemnified Parties arising from or relating to the Work. IN WITNESS WHEREOF, the undersigned have executed this Release as of this 17th day of May, 2018. CITY: City of Palm Springs, a California charter city and municipal corporation B APPROVED gY CITY COUNCIL David H. Ready, City M ager q. I ) MOP APPROV A'S- FO By: Edward Z. Kotkin, City Attorney CENTURY GOLF: ATTEST: 'ft., � 4ntT-on6yy Mejia, City Clerk G� Gl�*' Ac-o r CGPM Managers, LLC, a Texas limited liability company By:T., , Dcozugtors T. H we, Vice President APPROVED AS TO FORM: By: 54�/ Randl-luduAy, General Counsel 5.17.18 SUBJECT: Tahquitz Creek Golf Course Tamarisk Tree Removals A.P.N.: 681-283-016; 1891 Lawrence Street, Palm Springs, CA 92264 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT The following right -of -entry and temporary construction easement agreement is by and between the City of Palm Springs, a California charter city and municipal corporation (the_ "City_ of Palm Springs"),_ and Carl L. Brenagh and Lula Belle Brenagh {herein referred to as "Grantor .. 1. The right is hereby granted to the City of Palm Springs, together with its contractors and subcontractors hired to assist in Work as defined herein (in the aggregate, "City") to enter upon and use the residential property of Grantor located in the City of Palm Springs, County of Riverside, State of California, described as follows: The westerly 10 feet of the property identified as Assessor's Parcel Number 681- 283-015, also identified as the property located at 1891 Lawrence Street, Palm Springs, CA 92264, (hereinafter referred to as the "Property"). 2. Grantor hereby grants City a right -of -entry and temporary easement necessary to completely remove the existing tamarisk trees located on the Palm Springs' Golf Course adjacent to the Property, including removal of existing fence material located on or adjacent to the Golf Course, (hereinafter referred to as the "Work"). 3. City agrees in connection with the rights granted herein to complete the Work at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Work to the satisfaction of the City. 5. A minimum of five (5) business days' written notice shall be given to Grantor prior to the beginning of City's use of the rights herein granted. 6. It is understood that the City may enter upon the Property where appropriate or designated for the purpose of completing the Work. City agrees to use its best efforts to avoid damaging the Property in the process of completing the Work. In the event damage occurs as a result of City negligence, Palm Springs agrees to repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in a condition, as close as reasonably practicable, to that which Page 1 of 3 existed prior to the City's entry onto the Property, with the exception of the Work completed. 8. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein; and furthermore, Grantor hereby agrees to provide its tenants (if any) of the Property with advance notice of the City's intent to complete the Work, and shall coordinate with its tenants (if any) such that the City's rights contained herein are not restricted. 10. This agreement is the result of negotiations between Palm Springs and Grantor. This agreement is intended by the parties, together with the commitment returned by Grantor to Palm Springs with this agreement ("Commitment"), as a final expression of their understanding with respect to the matters herein, and in addition to the Commitment, is a complete and exclusive statement of the terms and conditions thereof. 11. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 12. With the exception of the Commitment, this agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below_ "CITY" City of Palm Springs Date: 4David H. Ready, ity Manager APPROVED O FORM: By: Edward Z. Kotkin, City Attorney APPROVED 13Y CTCY COUNCIL ATTEST: By: 14 Wf IQ - it e;WW ,PJ Jf� ,kf 6An)hoenyJNJejia, MMC II City Clerk Date: �70 /U By: in "GRANTOR" Carl L. Brenagh and Lula Belle Brenagh C04�� / Signature Prin d N -/, itle Signature Printed Name/Title Page 3 of 3 p��pALM sw Commitment to Waiver and Release ..c111FOR ' by Lawrence Crossley Neighborhood Resident 1. Background. A row of tamarisk trees lines the east edge of Fairways #14 and #15 of the Tahquitz Creek "Legends" Golf Course (the "Trees"). There is also a chain link fence located with the Trees (the "Fence"). The City of Palm Springs did not plant the Trees, and it appears that the Trees have been in their location since 1958 or before, and were likely planted and used as a windbreak. No information is available at this time about the origin of the Fence. I am signing this agreement to waiver and release ("Commitment") because 1 want the City of Palm Springs to remove the Trees and Fence at no cost to me. I understand that the City of Palm Springs has no legal duty to remove the Trees or Fence, but will do so based upon this Commitment and the temporary easement that I return to the City with this Commitment. When the removal of Trees is complete, the City of Palm Springs will try to leave my property in the prior condition it was in to the extent reasonably possible. 2. Waiver and Release. In exchange for the City's promise to remove the Trees and Fence at no cost to me, I am voluntarily, and with an understanding of this Commitment, waiving and releasing any and all of my claims connected in any way to the Trees or Fence (the "Released Claims") against the City of Palm Springs, and also against any and all of its officials, whether elected, appointed or employed, and the City's contractors and sub -contractors hired to assist in removing the Trees (altogether and each, the "City"). I accept that these Released Claims include any of my legal and other rights, demands or actions that I have or might have, to try to recover money from the City, to try to force the City to remove the Trees and Fence, or to take any other action related to the Trees and Fence. I also understand and accept that any claim that the Trees or Fence damaged anything that belongs to me, whether my land or my belongings, prior to my signing this Commitment, is a Released Claim. Similarly, any claim that the Trees or Fence injured or harmed any person on my property prior to my signing this Commitment is a Released Claim. Finally, I know that the removal of the Trees and Fence will impact my property, and leave my home exposed to the golf course and balls that may come from it. Any claim about damage to my land, or anything on it connected to City work during or after the removal of the Trees and Fence (a "Removal Claim"), including any claim related to one or more golf balls entering my property (a "Golf Ball Claim") is a Released Claim. This Commitment does not protect the City against or cover any Removal Claim related to City negligence during the removal of the Trees, but does protect the City against and cover any future Golf Ball Claim. 3. Civil Code Section 1542 Waiver. I understand and agree by that the true facts connected to the "Waiver and Release" above may turn out to be different from the facts that the City and/or I believe at the time of signing this Commitment. I expressly assume the risk of the facts turning out to be different than what they now appear to be, and agree that the "Waiver and Release" above will be effective and not terminated or cancelled because of any such difference in facts. That is why I expressly waive any and all rights I have or may have under California Civil Code section 1542, which provides as follows: 2-28.18 Commitment by Lawrence Crossley Neighborhood Resident Page 2 of 2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or his favor at the time of executing the release, which if known by him or his must have materially affected his or his settlement with the debtor." c4j� My Initials Whenever possible, each part of this Commitment will be effective and valid under applicable law. If a court finds any language in this Commitment invalid or unenforceable, that will not affect the remaining part of this Commitment, which will be interpreted and followed to carry out the City's intent in requiring this Commitment, and my intent in signing it. The City has informed me that I have the absolute right to review this Commitment, and the temporary easement that I am returning to the City with this Commitment, with my own attorney, if I want to hire one. My signature below indicates that I have spoken with a lawyer if I wanted to do so, and that I understand that I am legally bound by this Commitment. In signing this Commitment, I am promising the City that I am fully and legally authorized to do so as the owner of the property referenced below. The City is not forcing or pressuring me to sign this Commitment or the related temporary easement; I am doing so voluntarily in order to persuade the City to remove the Trees and Fence at no cost or expense to me. Date: March � 2018 l c PRINTED NAME OF RES DENT SIGNATU OF RESIDENT ADDRESS OF RESIDENT'S PROPE [PRINT PLEASE] 2s U City Of Palm Springs Office of the City Attorney 3200 E. Tahquirz Canyon Way • Palm Springs, California 92262 Tel: 760.323.8205 • Fax: 760.322.8332 • TDD 760.864.9527 • www.paimspringsca.gov March 15, 2018 Dear Resident, The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where I can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. 5. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, if you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. If you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. If you have a question about anything in this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question. Very Truly Yours, THE CITY OF PALM SPRINGS Edward Z. Kotkin City Attorney enclosures 228.18 Post Office Box 2743 - Palm Springs, California 92263.2743 SUBJECT: Tahquitz Creek Golf Course Tamarisk Tree Removals A.P.N.: 681-283-005; 2139 Lawrence Street, Palm Springs, CA 92264 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT The following right -of -entry and temporary construction easement agreement is by and between the Ci of Palm Springs, a California charter city and municipal corporation, (the "City of Palm Springs"), and Christopher K. William (herein referred to as "Grantor"): 1. The right is hereby granted to the City of Palm Springs, together with its contractors and subcontractors hired to assist in Work as defined herein (in the aggregate, "City") to enter upon and use the residential property of Grantor located in the City of Palm Springs, County of Riverside, State of California, described as follows: The westerly 10 feet of the property identified as Assessor's Parcel Number 681- 283-005, also identified as the property located at 2139 Lawrence Street, Palm Springs, CA 92264, (hereinafter referred to as the "Property"). 2. Grantor hereby grants City a right -of -entry and temporary easement necessary to completely remove the existing tamarisk trees located on the Palm Springs' Golf Course adjacent to the Property, including removal of existing fence material located on or adjacent to the Golf Course, (hereinafter referred to as the "Work"). 3. City agrees in connection with the rights granted herein to complete the Work at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Work to the satisfaction of the City. 5. A minimum of five (5) business days' written notice shall be given to Grantor prior to the beginning of City's use of the rights herein granted. 6. It is understood that the City may enter upon the Property where appropriate or designated for the purpose of completing the Work. City agrees to use its best efforts to avoid damaging the Property in the process of completing the Work. In the event damage occurs as a result of City negligence, Palm Springs agrees to repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in a condition, as close as reasonably practicable, to that which Page 1 of 3 existed prior to the City's entry onto the Property, with the exception of the Work completed. B. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein; and furthermore, Grantor hereby agrees to provide its tenants (if any) of the Property with advance notice of the City's intent to complete the Work, and shall coordinate with its tenants (if any) such that the City's rights contained herein are not restricted. 10. This agreement is the result of negotiations between Palm Springs and Grantor. This agreement is intended by the parties, together with the commitment returned by Grantor to Palm Springs with this agreement ("Commitment"), as a final expression of their understanding with respect to the matters herein, and in addition to the Commitment, is a complete and exclusive statement of the terms and conditions thereof. 11. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 12. With the exception of the Commitment, this agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: y B C= _; David H. Ready, r� c City Manager -nm m APPROVED S TO FORM: By: Edward Z. Kotkin, City Attorney APPROVED By CiTN COUNCIL. — . A. 4 Date: 1 B: rsrt N ATTEST: �' r t� p Anthony J IJejia, MMC Gi`�'+�+ City Clerk "GRANTOR" Christopher K. William 4� 1 ignature Printed Name/Title By: Signature Printed Name/Title Page 3 of 3 Commitment to Waiver and Release by Lawrence Crossley Neighborhood Resident 1. Background. A row of tamarisk trees lines the east edge of Fairways #14 and #15 of the Tahquitz Creek "Legends" Golf Course (the "Trees"). There is also a chain link fence located with the Trees (the "Fence"). The City of Palm Springs did not plant the Trees, and it appears that the Trees have been in their location since 1958 or before, and were likely planted and used as a windbreak. No information is available at this time about the origin of the Fence. I am signing this agreement to waiver and release ("Commitment") because I want the City of Palm Springs to remove the Trees and Fence at no cost to me. I understand that the City of Palm Springs has no legal duty to remove the Trees or Fence, but will do so based upon this Commitment and the temporary easement that I return to the City with this Commitment. When the removal of Trees is complete, the City of Palm Springs will try to leave my property in the prior condition it was in to the extent reasonably possible. 2. Waiver and Release. In exchange for the City's promise to remove the Trees and Fence at no cost to me, I am voluntarily, and with an understanding of this Commitment, waiving and releasing any and all of my claims connected in any way to the Trees or Fence (the "Released Claims") against the City of Palm Springs, and also against any and all of its officials, whether elected, appointed or employed, and the City's contractors and sub -contractors hired to assist in removing the Trees (altogether and each, the "City"). I accept that these Released Claims include any of my legal and other rights, demands or actions that I have or might have, to try to recover money from the City, to try to force the City to remove the Trees and Fence, or to take any other action related to the Trees and Fence. I also understand and accept that any claim that the Trees or Fence damaged anything that belongs to me, whether my land or my belongings, prior to my signing this Commitment, is a Released Claim. Similarly, any claim that the Trees or Fence injured or harmed any person on my property prior to my signing this Commitment is a Released Claim. Finally, I know that the removal of the Trees and Fence will impact my property, and leave my home exposed to the golf course and balls that may come from it. Any claim about damage to my land, or anything on it connected to City work during or after the removal of the Trees and Fence (a "Removal Claim"), including any claim related to one or more golf balls entering my property (a "Golf Ball Claim") is a Released Claim. This Commitment does not protect the City against or cover any Removal Claim related to City negligence during the removal of the Trees, but does protect the City against and cover any future Golf Ball Claim. 3. Civil Code Section 1542 Waiver. I understand and agree by that the true facts connected to the "Waiver and Release" above may turn out to be different from the facts that the City and/or I believe at the time of signing this Commitment. I expressly assume the risk of the facts turning out to be different than what they now appear to be, and agree that the "Waiver and Release" above will be effective and not terminated or cancelled because of any such difference in facts. That is why I expressly waive any and all rights I have or may have under California Civil Code section 1542, which provides as follows: Commitment by Lawrence Crossley Neighborhood Resident Page 2 of 2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or his favor at the time of executing the release, which if known by him or his must have materially affected his or his settlement with the debtor." y Initials Whenever possible, each part of this Commitment will be effective and valid under applicable law. If a court finds any language in this Commitment invalid or unenforceable, that will not affect the remaining part of this Commitment, which will be interpreted and followed to carry out the City's intent in requiring this Commitment, and my intent in signing it. The City has informed me that I have the absolute right to review this Commitment, and the temporary easement that I am returning to the City with this Commitment, with my own attorney, if I want to hire one. My signature below indicates that 1 have spoken with a lawyer if I wanted to do so, and that I understand that 1 am legally bound by this Commitment. In signing this Commitment, I am promising the City that I am fully and legally authorized to do so as the owner of the property referenced below. The City is not forcing or pressuring me to sign this Commitment or the related temporary easement; I am doing so voluntarily in order to persuade the City to remove the Trees and Fence at no cost or expense to me. Date: March V�- , 2018 2131 1_;ru"ce sr, V&�, GstaPllo�. ices PRINTED NAME OF RESIDENT LVx k� � S1 NATURE OF RESIDENT s CA-. Izu ADDRESS OF RESbENT'S PROPEhTY [PRINT PLEASE] City of Palm Springs Office of the City Attorney 3200 E. Tahquitz Canyon Way • Palm Springs, California 92262 Tel: 760.323.8205 • Fax: 760.322.8332 • TDD 760.864.9527 • www.paimspringsca.gov March 15, 2018 Dear Resident, The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where I can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. 5. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, if you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. If you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. If you have a question about anything in this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question. Very Truly Yours, THE CITY OF PALM SPRINGS Edward Z. Kotkin City Attorney enclosures 2MI8 Post Office Box 2743 • Palm Springs, California 92263-2743 SUBJECT: Tahquitz Creek Golf Course Tamarisk Tree Removals A.P.N.: 681-283-002; 2199 Lawrence Street, Palm Springs, CA 92264 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT The following right -of -entry and temporary construction easement agreement is by and between the City of Palm Springs,_ a California charter city and municipal corporation. the "City of Palm S rin s" and Callie Williams herein referred to as "Grantor" The right is hereby granted to the City of Palm Springs, together with its contractors and subcontractors hired to assist in Work as defined herein (in the aggregate, "City") to enter upon and use the residential property of Grantor located in the City of Palm Springs, County of Riverside, State of California, described as follows: The westerly 10 feet of the property identified as Assessor's Parcel Number 681- 283.002, also identified as the property located at 2199 Lawrence Street, Palm Springs, CA 92264, (hereinafter referred to as the "Property"). 2. Grantor hereby grants City a right -of -entry and temporary easement necessary to completely remove the existing tamarisk trees located on the Palm Springs' Golf Course adjacent to the Property, including removal of existing fence material located on or adjacent to the Golf Course, (hereinafter referred to as the "Work"). 3. City agrees in connection with the rights granted herein to complete the Work at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Work to the satisfaction of the City. 5. A minimum of five (5) business days' written notice shall be given to Grantor prior to the beginning of City's use of the rights herein granted. 6. It is understood that the City may enter upon the Property where appropriate or designated for the purpose of completing the Work. City agrees to use its best efforts to avoid damaging the Property in the process of completing the Work. In the event damage occurs as a result of City negligence, Palm Springs agrees to repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in a condition, as close as reasonably practicable, to that which Page 1 of 3 existed prior to the City's entry onto the Property, with the exception of the Work completed. B. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein; and furthermore, Grantor hereby agrees to provide its tenants (if any) of the Property with advance notice of the City's intent to complete the Work, and shall coordinate with its tenants (if any) such that the City's rights contained herein are not restricted. 10. This agreement is the result of negotiations between Palm Springs and Grantor. This agreement is intended by the parties, together with the commitment returned by Grantor to Palm Springs with this agreement ("Commitment"), as a final expression of their understanding with respect to the matters herein, and in addition to the Commitment, is a complete and exclusive statement of the terms and conditions thereof. 11. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 12. With the exception of the Commitment, this agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs rt Date: By: APPROV S TO FORM: By: . Edward Z. Kotkin, City Attorney APPROVED By CRY COUNCIL 0�1 David H. Ready, ; I= ` i City Manager m -� o a=o rn ATTEST: -V c-; r, ^' �s m �M By: a . Q��►4 hi@-F " _ �?f Anthony J Mejia, MMC J OA 1 City Clerk Date: By: "GRANTOR" Callie Williams Signature P inted N m itle By: Signature Printed Name/Title Page 3 of 3 of TALM SA �.: Commitment to Waiver and Release °Tt►faRaP by Lawrence Crossley Neighborhood Resident 1. Background. A row of tamarisk trees lines the east edge of Fairways #14 and #15 of the Tahquitz Creek "Legends" Golf Course (the "Trees"). There is also a chain link fence located with the Trees (the "Fence"). The City of Palm Springs did not plant the Trees, and it appears that the Trees have been in their location since 1958 or before, and were likely planted and used as a windbreak. No information is available at this time about the origin of the Fence. I am signing this agreement to waiver and release ("Commitment") because I want the City of Palm Springs to remove the Trees and Fence at no cost to me. understand that the City of Palm Springs has no legal duty to remove the Trees or Fence, but will do so based upon this Commitment and the temporary easement that I return to the City with this Commitment. When the removal of Trees is complete, the City of Palm Springs will try to leave my property in the prior condition it was in to the extent reasonably possible. 2. Waiver and Release. In exchange for the City's promise to remove the Trees and Fence at no cost to me, I am voluntarily, and with an understanding of this Commitment, waiving and releasing any and all of my claims connected in any way to the Trees or Fence (the "Released Claims") against the City of Palm Springs, and also against any and all of its officials, whether elected, appointed or employed, and the City's contractors and sub -contractors hired to assist in removing the Trees (altogether and each, the "City"). I accept that these Released Claims include any of my legal and other rights, demands or actions that l have or might have, to try to recover money from the City, to try to force the City to remove the Trees and Fence, or to take any other action related to the Trees and Fence. I also understand and accept that any claim that the Trees or Fence damaged anything that belongs to me, whether my land or my belongings, prior to my signing this Commitment, is a Released Claim. Similarly, any claim that the Trees or Fence injured or harmed any person on my property prior to my signing this Commitment is a Released Claim. Finally, I know that the removal of the Trees and Fence will impact my property, and leave my home exposed to the golf course and balls that may come from it. Any claim about damage to my land, or anything on it connected to City work during or after the removal of the Trees and Fence (a "Removal Claim"), including any claim related to one or more golf balls entering my property (a "Golf Ball Claim") is a Released Claim. This Commitment does not protect the City against or cover any Removal Claim related to City negligence during the removal of the Trees, but does protect the City against and cover any future Golf Ball Claim. 3. Civil Code Section 1542 Waiver. I understand and agree by that the true facts connected to the "Waiver and Release" above may turn out to be different from the facts that the City and/or I believe at the time of signing this Commitment. I expressly assume the risk of the facts turning out to be different than what they now appear to be, and agree that the "Waiver and Release" above will be effective and not terminated or cancelled because of any such difference in facts. That is why I expressly waive any and all rights I have or may have under California Civil Code section 1542, which provides as follows: 2.18.19 Commitment by Lawrence Crossley Neighborhood Resident Page 2 of 2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or his favor at the time of executing the release, which if known by him or his must have materially affected his or his settlement with the debtor." My Initials Whenever possible, each part of this Commitment will be effective and valid under applicable law. If a court finds any language in this Commitment invalid or unenforceable, that will not affect the remaining part of this Commitment, which will be interpreted and followed to carry out the City's intent in requiring this Commitment, and my intent in signing it. The City has informed me that 1 have the absolute right to review this Commitment, and the temporary easement that I am returning to the City with this Commitment, with my own attorney, if I want to hire one. My signature below indicates that I have spoken with a lawyer if I wanted to do so, and that l understand that I am legally bound by this Commitment. In signing this Commitment, I am promising the City that I am fully and legally authorized to do so as the owner of the property referenced below. The City is not forcing or pressuring me to sign this Commitment or the related temporary easement; I am doing so voluntarily in order to persuade the City to remove the Trees and Fence at no cost or expense to me. Date: March ! � , 2018 ta- I PRINTED NAME OF RESIDENT Uj Ji,�. SIGNATURE OF RESIDENT ADDRESS OF RESIDENT'S PROPERTY [PRINT PLEASE] 2.28 18 O� VALM sod �Z V W c'QL 1 poRN�P March 15, 2018 Dear Resident, City Of Palm Springs Office of the City Attorney 3200 E. Tahquitz Canyon Way - Palm Springs, California 92262 %1: 760.323.8205 - Fax: 760.322.8332 * TDD 760.864.9527 - www.paimspringsca.gov The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where I can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. 5. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, if you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. if you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. If you have a question about anything in this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question. Very Truly Yours, THE CITY OF PALM SPRINGS Edward Z. Kotkin City Attorney enclosures 2A 18 Post Office Box 2743 - Palm Springs, California 92263-2743 SUBJECT: Tahquitz Creek Golf Course Tamarisk Tree Removals A.P.N.: 681-283-004; 2157 Lawrence Street, Palm Springs, CA 92264 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT The following right -of -entry and temporary construction easement agreement is by and between the City of Palm Springs, a California charter city and municipal corporation (the "City of Palm Springs"), and Charles R. Williams (herein referred to as "Grantor"); The right is hereby granted to the City of Palm Springs, together with its contractors and subcontractors hired to assist in Work as defined herein (in the aggregate, "City") to enter upon and use the residential property of Grantor located in the City of Palm Springs, County of Riverside, State of California, described as follows: The westerly 10 feet of the property identified as Assessor's Parcel Number 681- 283-004, also identified as the property located at 2157 Lawrence Street, Palm Springs, CA 92264, (hereinafter referred to as the "Property"). 2. Grantor hereby grants City a right -of -entry and temporary easement necessary to completely remove the existing tamarisk trees located on the Palm Springs' Golf Course adjacent to the Property, including removal of existing fence material located on or adjacent to the Golf Course, (hereinafter referred to as the "Work"). 3. City agrees in connection with the rights granted herein to complete the Work at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Work to the satisfaction of the City. 5. A minimum of five (5) business days' written notice shall be given to Grantor prior to the beginning of City's use of the rights herein granted. 6. It is understood that the City may enter upon the Property where appropriate or designated for the purpose of completing the Work. City agrees to use its best efforts to avoid damaging the Property in the process of completing the Work. In the event damage occurs as a result of City negligence, Palm Springs agrees to repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in a condition, as close as reasonably practicable, to that which Page 1 of 3 existed prior to the City's entry onto the Property, with the exception of the Work completed. 8. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein; and furthermore, Grantor hereby agrees to provide its tenants (if any) of the Property with advance notice of the City's intent to complete the Work, and shall coordinate with its tenants (if any) such that the City's rights contained herein are not restricted. 10. This agreement is the result of negotiations between Palm Springs and Grantor. This agreement is intended by the parties, together with the commitment returned by Grantor to Palm Springs with this agreement ("Commitment"), as a final expression of their understanding with respect to the matters herein, and in addition to the Commitment, is a complete and exclusive statement of the terms and conditions thereof. 11. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 12. With the exception of the Commitment, this agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date:�� _ ��= '_- �, _ APPROVE TO F RM: By: Edward Z. Kotkin, City Attorney APPROVED 13y CITY COUNCIL David H. Ready, c, m City Manager ti ATTEST: By: W #1 WAnonyy ejia, MMC City Clerk "GRANTOR" Charles R. Williams Date: By: Sign ture i�`IaIMS Printed Name/Title By: Signature Printed Name/Title Page 3 of 3 �! pALM SA N Commitment to Waiver and Release by Lawrence Crossley Neighborhood Resident 1. Background. A row of tamarisk trees lines the east edge of Fairways #14 and #15 of the Tahquitz Creek "Legends" Golf Course (the "Trees"). There is also a chain link fence located with the Trees (the "Fence"). The City of Palm Springs did not plant the Trees, and it appears that the Trees have been in their location since 1958 or before, and were likely planted and used as a windbreak. No information is available at this time about the origin of the Fence. I am signing this agreement to waiver and release ("Commitment") because I want the City of Palm Springs to remove the Trees and Fence at no cost to me. understand that the City of Palm Springs has no legal duty to remove the Trees or Fence, but will do so based upon this Commitment and the temporary easement that 1 return to the City with this Commitment. When the removal of Trees is complete, the City of Palm Springs will try to leave my property in the prior condition it was in to the extent reasonably possible. 2. Waiver and Release. In exchange for the City's promise to remove the Trees and Fence at no cost to me, I am voluntarily, and with an understanding of this Commitment, waiving and releasing any and all of my claims connected in any way to the Trees or Fence (the "Released Claims") against the City of Palm Springs, and also against any and all of its officials, whether elected, appointed or employed, and the City's contractors and sub -contractors hired to assist in removing the Trees (altogether and each, the "City"). I accept that these Released Claims include any of my legal and other rights, demands or actions that I have or might have, to try to recover money from the City, to try to force the City to remove the Trees and Fence, or to take any other action related to the Trees and Fence. I also understand and accept that any claim that the Trees or Fence damaged anything that belongs to me, whether my land or my belongings, prior to my signing this Commitment, is a Released Claim. Similarly, any claim that the Trees or Fence injured or harmed any person on my property prior to my signing this Commitment is a Released Claim. Finally, I know that the removal of the Trees and Fence will impact my property, and leave my home exposed to the golf course and balls that may come from it. Any claim about damage to my land, or anything on it connected to City work during or after the removal of the Trees and Fence (a "Removal Claim"), including any claim related to one or more golf balls entering my property (a "Golf Ball Claim") is a Released Claim. This Commitment does not protect the City against or cover any Removal Claim related to City negligence during the removal of the Trees, but does protect the City against and cover any future Golf Ball Claim. 3. Civil Code Section 1542 Waiver. I understand and agree by that the true facts connected to the "Waiver and Release" above may turn out to be different from the facts that the City and/or l believe at the time of signing this Commitment. I expressly assume the risk of the facts turning out to be different than what they now appear to be, and agree that the 'Waiver and Release" above will be effective and not terminated or cancelled because of any such difference in facts. That is why I expressly waive any and all rights I have or may have under California Civil Code section 1542, which provides as follows: 21B-18 Commitment by Lawrence Crossley Neighborhood Resident Page 2 of 2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or his favor at the time of executing the release, which if known by him or his must have materially affected his or his settlement with the debtor." M Initials Whenever possible, each part of this Commitment will be effective and valid under applicable law. If a court finds any language in this Commitment invalid or unenforceable, that will not affect the remaining part of this Commitment, which will be interpreted and followed to carry out the City's intent in requiring this Commitment, and my intent in signing it. The City has informed me that I have the absolute right to review this Commitment, and the temporary easement that I am returning to the City with this Commitment, with my own attorney, if I want to hire one. My signature below indicates that I have spoken with a lawyer if I wanted to do so, and that I understand that I am legally bound by this Commitment. In signing this Commitment, I am promising the City that I am fully and legally authorized to do so as the owner of the property referenced below. The City is not forcing or pressuring me to sign this Commitment or the related temporary easement; 1 am doing so voluntarily in order to persuade the City to remove the Trees and Fence at no cost or expense to me. Date: March 1'�— , 2018 llf l 4Iam S PRINTED NAME OF RESIDENT �Vq SIGNA URE OF RESIDENT 4 215� F&JGe- 5t- 1 A� ou 3>r�tn" (* - 01 v14 ADDRESS OF RESIDENT' P [PRINT PLEASE] O� pAli� Spy V cq�►�oRN�P March 15, 2018 Dear Resident, City Of Palm Springs Office of the City Attorney 3200 E. Tahquirz Canyon Way - Palm Springs, California 92262 Tel: 760.323.8205 - Fax: 760.322.8332 - TDD 760.864.9527 - www.palmspringsca.gov The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where I can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. 5. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, if you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. If you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. If you have a question about anything in this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question. Very Truly Yours, THE CITY OF PALM SPRINGS Edward Z. Kotkin City Attorney enclosures 228.18 Post Off ice Box 2743 - Palm Springs, California 92263-2743 SUBJECT: Tahquitz Creek Golf Course Tamarisk Tree Removals A.P.N.: 681-283-018; 1836 Lawrence Street, Palm Springs, CA 92264 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT The following right -of -entry and temporary construction easement agreement is by and between the City of Palm Springs, a California charter city and municipal corporation. (the "City of Palm Springs"), and Maria J. Jimenez (herein referred to as "Grantor"): 1. The right is hereby granted to the City of Palm Springs, together with its contractors and subcontractors hired to assist in Work as defined herein (in the aggregate, "City") to enter upon and use the residential property of Grantor located in the City of Palm Springs, County of Riverside, State of California, described as follows: The westerly 10 feet of the property identified as Assessor's Parcel Number 681- 283-018, also identified as the property located at 1835 Lawrence Street, Palm Springs, CA 92264, (hereinafter referred to as the Property"). 2. Grantor hereby grants City a right -of -entry and temporary easement necessary to completely remove the existing tamarisk trees located on the Palm Springs' Golf Course adjacent to the Property, including removal of existing fence material located on or adjacent to the Golf Course, (hereinafter referred to as the "Work"). 3. City agrees in connection with the rights granted herein to complete the Work at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Work to the satisfaction of the City. 5. A minimum of five (5) business days' written notice shall be given to Grantor prior to the beginning of City's use of the rights herein granted. 6. It is understood that the City may enter upon the Property where appropriate or designated for the purpose of completing the Work. City agrees to use its best efforts to avoid damaging the Property in the process of completing the Work. In the event damage occurs as a result of City negligence, Palm Springs agrees to repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in a condition, as close as reasonably practicable, to that which Page 1 of 3 existed prior to the City's entry onto the Property, with the exception of the Work completed. 8. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein; and furthermore, Grantor hereby agrees to provide its tenants (if any) of the Property with advance notice of the City's intent to complete the Work., and shall coordinate with its tenants (if any) such that the City's rights contained herein are not restricted. 10. This agreement is the result of negotiations between Palm Springs and Grantor. This agreement is intended by the parties, together with the commitment returned by Grantor to Palm Springs with this agreement ("Commitment"), as a final expression of their understanding with respect to the matters herein, and in addition to the Commitment, is a complete and exclusive statement of the terms and conditions thereof. 11. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 12. With the exception of the Commitment, this agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. Date: APPROVE TO FORM: By. Edward Z. Kotkin, City Attorney APPROVED BY C COUNCIL "CITY" City of Palm Springs _ B . David H. Ready, City Manager ATTEST: JP�Anthony'J Oejia, MMC City Clerk Date: (Y A-4By: "GRANTOR" Maria J. Jimenez Si ure Printed Name/Title By: Signature Printed Name/Title Page 3 of 3 SUBJECT: Tahquitz Creek Golf Course Tamarisk Tree Removals A.P.N.: 681-283-018; 1835 Lawrence Street, Palm Springs, CA 92264 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT The following right -of -entry and temporary construction easement agreement is by and between the City of Palm Springs, a California charter city and municipal corporation. (the "City of Palm Springs"), and Maria J. Jimenez (herein referred to as "Grantor"): 1. The right is hereby granted to the City of Palm Springs, together with its contractors and subcontractors hired to assist in Work as defined herein (in the aggregate, "City") to enter upon and use the residential property of Grantor located in the City of Palm Springs, County of Riverside, State of California, described as follows: The westerly 10 feet of the property identified as Assessor's Parcel Number 681- 283-018, also identified as the property located at 1835 Lawrence Street, Palm Springs, CA 92264, (hereinafter referred to as the "Property"). 2. Grantor hereby grants City a right -of -entry and temporary easement necessary to completely remove the existing tamarisk trees located on the Palm Springs' Golf Course adjacent to the Property, including removal of existing fence material located on or adjacent to the Golf Course, (hereinafter referred to as the "Work"). 3. City agrees in connection with the rights granted herein to complete the Work at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Work to the satisfaction of the City. 5. A minimum of five (5) business days' written notice shall be given to Grantor prior to the beginning of City's use of the rights herein granted. 6. It is understood that the City may enter upon the Property where appropriate or designated for the purpose of completing the Work. City agrees to use its best efforts to avoid damaging the Property in the process of completing the Work. In the event damage occurs as a result of City negligence, Palm Springs agrees to repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in a condition, as close as reasonably practicable, to that which Page 1 of 3 i� M Commitment to Waiver and Release `'t�foa�►�' by Lawrence Crossley Neighborhood Resident 1. Background. A row of tamarisk trees lines the east edge of Fairways #14 and #15 of the Tahquitz Creek "Legends" Golf Course (the "Trees"). There is also a chain link fence located with the Trees (the "Fence"). The City of Palm Springs did not plant the Trees, and it appears that the Trees have been in their location since 1958 or before, and were likely planted and used as a windbreak. No information is available at this time about the origin of the Fence. I am signing this agreement to waiver and release ("Commitment") because I want the City of Palm Springs to remove the Trees and Fence at no cost to me. I understand that the City of Palm Springs has no legal duty to remove the Trees or Fence, but will do so based upon this Commitment and the temporary easement that I return to the City with this Commitment. When the removal of Trees is complete, the City of Palm Springs will try to leave my property in the prior condition it was in to the extent reasonably possible. 2. Waiver and Release. In exchange for the City's promise to remove the Trees and Fence at no cost to me, I am voluntarily, and with an understanding of this Commitment, waiving and releasing any and all of my claims connected in any way to the Trees or Fence (the "Released Claims") against the City of Palm Springs, and also against any and all of its officials, whether elected, appointed or employed, and the City's contractors and sub -contractors hired to assist in removing the Trees (altogether and each, the "City"). I accept that these Released Claims include any of my legal and other rights, demands or actions that I have or might have, to try to recover money from the City, to try to force the City to remove the Trees and Fence, or to take any other action related to the Trees and Fence. I also understand and accept that any claim that the Trees or Fence damaged anything that belongs to me, whether my land or my belongings, prior to my signing this Commitment, is a Released Claim. Similarly, any claim that the Trees or Fence injured or harmed any person on my property prior to my signing this Commitment is a Released Claim. Finally, I know that the removal of the Trees and Fence will impact my property, and leave my home exposed to the golf course and balls that may come from it. Any claim about damage to my land, or anything on it connected to City work during or after the removal of the Trees and Fence (a "Removal Claim"), including any claim related to one or more golf balls entering my property (a "Golf Ball Claim") is a Released Claim. This Commitment does not protect the City against or cover any Removal Claim related to City negligence during the removal of the Trees, but does protect the City against and cover any future Golf Ball Claim. 3. Civil Code Section 1542 Waiver. I understand and agree by that the true facts connected to the "Waiver and Release" above may turn out to be different from the facts that the City and/or I believe at the time of signing this Commitment. I expressly assume the risk of the facts turning out to be different than what they now appear to be, and agree that the "Waiver and Release" above will be effective and not terminated or cancelled because of any such difference in facts. That is why I expressly waive any and all rights I have or may have under California Civil Code section 1542, which provides as follows: Commitment by Lawrence Crossley Neighborhood Resident Page 2 of 2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or his favor at the time of executing the release, which if known by him or his must have materially affected his or his settlement with the debtor." M � My nitials Whenever possible, each part of this Commitment will be effective and valid under applicable law. If a court finds any language in this Commitment invalid or unenforceable, that will not affect the remaining part of this Commitment, which will be interpreted and followed to carry out the City's intent in requiring this Commitment, and my intent in signing it. The City has informed me that I have the absolute right to review this Commitment, and the temporary easement that I am returning to the City with this Commitment, with my own attorney, if I want to hire one. My signature below indicates that I have spoken with a lawyer if I wanted to do so, and that I understand that l am legally bound by this Commitment. In signing this Commitment, l am promising the City that I am fully and legally authorized to do so as the owner of the property referenced below. The City is not forcing or pressuring me to sign this Commitment or the related temporary easement; I am doing so voluntarily in order to persuade the City to remove the Trees and Fence at no cost or expense to me. Date: March, 2018 PRINTED E OF RESIDENT ru wlr"�Mll ��RE OF ■ ► r� T SM�r- ADDRESS OF RESIDENT'S PROPERTY [PRINT PLEASE] 2 28 1- Commitment by Lawrence Crossley Neighborhood Resident Page 2 of 2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or his favor at the time of executing the release, which if known by him or his must have materially affected his or his settlement with the debtor." My Initials Whenever possible, each part of this Commitment will be effective and valid under applicable law. If a court finds any language in this Commitment invalid or unenforceable, that will not affect the remaining part of this Commitment, which will be interpreted and followed to carry out the City's intent in requiring this Commitment, and my intent in signing it. The City has informed me that I have the absolute right to review this Commitment, and the temporary easement that I am returning to the City with this Commitment, with my own attorney, if I want to hire one. My signature below indicates that I have spoken with a lawyer if I wanted to do so, and that 1 understand that I am legally bound by this Commitment. In signing this Commitment, I am promising the City that I am fully and legally authorized to do so as the owner of the property referenced below. The City is not forcing or pressuring me to sign this Commitment or the related temporary easement; 1 am doing so voluntarily in order to persuade the City to remove the Trees and Fence at no cost or expense to me. Date: March, 2018 PRINTED NAME OF RESIDENT ,jamfirci Lei ZEN 01 41-19114 14, 5 Lev C.L., tA r- e �� a ADDRESS OF RESIDENT'S PROPERTY [PRINT PLEASE] 2.2818 City of Palm Springs Office of the City Attorney 3200 E. Tahquitz Canyon Way • Palm Springs, California 92262 Tel: 760.323.8205 • Fax: 760.322.6332 a TDD 760.864.9527 • www.paimspringsca.gov March 15, 2018 Dear Resident, The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where I can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. 5. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, If you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. If you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. If you have a question about anything In this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question. Very Truly Yours, THE CITY OF PALM SPRINGS Edward Z. Kotkin enclosures City Attorney 2XIS Post Office Box 2743 9 Palm Springs, California 9226M743 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. e�lDate: APPROVED AS TO FORM: Edward Z. Kotkin, City Attorney "CITY" City of Palm Springs By: David H. Ready, City Manager By: Date:3 / AT By: If ATTEST: Anthony J Mejia, MMC City Clerk "GRANTOR" Maria J. Jimenez Si ture iT 1 Gc+r� c[ � , 2 � v►� Printed Namerritle Signature Printed Namerritle Page 3 of 3 SUBJECT: Tahquitz Creek Golf Course Tamarisk Tree Removals A.P.N.: 681-283-006; 2105 Lawrence Street, Palm Springs, CA 92264 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT The following right -of -entry and temporary construction easement agreement is by and between the City of Palm Springs, a California charter city and municipal corporation, the "City of Palm Springs"), and Vlady Comateanu and Audrey Mezrahi herein referred to as "Grantor"); 1. The right is hereby granted to the City of Palm Springs, together with its contractors and subcontractors hired to assist in Work as defined herein (in the aggregate, "City") to enter upon and use the residential property of Grantor located in the City of Palm Springs, County of Riverside, State of California, described as follows: The westerly 10 feet of the property identified as Assessor's Parcel Number 681- 283-006, also identified as the property located at 2105 Lawrence Street, Palm Springs, CA 92264, (hereinafter referred to as the "Property"). 2. Grantor hereby grants City a right -of -entry and temporary easement necessary to completely remove the existing tamarisk trees located on the Palm Springs' Golf Course adjacent to the Property, including removal of existing fence material located on or adjacent to the Golf Course, (hereinafter referred to as the "Work"). 3. City agrees in connection with the rights granted herein to complete the Work at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Work to the satisfaction of the City. 5. A minimum of five (5) business days' written notice shall be given to Grantor prior to the beginning of City's use of the rights herein granted. 6. It is understood that the City may enter upon the Property where appropriate or designated for the purpose of completing the Work. City agrees to use its best efforts to avoid damaging the Property in the process of completing the Work. In the event damage occurs as a result of City negligence, Palm Springs agrees to repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in a condition, as close as reasonably practicable, to that which Page 1 of 3 existed prior to the City's entry onto the Property, with the exception of the Work completed. B. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein; and furthermore, Grantor hereby agrees to provide its tenants (if any) of the Property with advance notice of the City's intent to complete the Work, and shall coordinate with its tenants (if any) such that the City's rights contained herein are not restricted. 10. This agreement is the result of negotiations between Palm Springs and Grantor. This agreement is intended by the parties, together with the commitment returned by Grantor to Palm Springs with this agreement ("Commitment"), as a final expression of their understanding with respect to the matters herein, and in addition to the Commitment, is a complete and exclusive statement of the terms and conditions thereof. 11. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 12. With the exception of the Commitment, this agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his assigns and successors in interest, shall be bound by all the terns and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: avid H. Ready, City Manager APPROV7 TO FORM: By: Edward Z. Kotkin, City Attorney APPROVED By CITY COUNCIL 1 Ott L 100 ATTEST: By: w u 1�• ' t kt Li' 4dN An bony J Mejia, MMC (;i me,;-V� City Clerk "GRANTOR" Vlady Cornateanu and Audrey Mezrahi e, Date: �%'% rc �? � 9 / gy; //, Signature Planted Name/Title By: tgn tore ubpu mE z 4 ff, Printed me/Title Page 3 of 3 Commitment to Waiver and Release by Lawrence Crossley Neighborhood Resident 1. Background. A row of tamarisk trees lines the east edge of Fairways #14 and #15 of the Tahquitz Creek "Legends" Golf Course (the "Trees"). There is also a chain link fence located with the Trees (the "Fence"). The City of Palm Springs did not plant the Trees, and it appears that the Trees have been in their location since 1958 or before, and were likely planted and used as a windbreak. No information is available at this time about the origin of the Fence. I am signing this agreement to waiver and release ("Commitment") because I want the City of Palm Springs to remove the Trees and Fence at no cost to me. I understand that the City of Palm Springs has no legal duty to remove the Trees or Fence, but will do so based upon this Commitment and the temporary easement that I return to the City with this Commitment. When the removal of Trees is complete, the City of Palm Springs will try to leave my property in the prior condition it was in to the extent reasonably possible. 2. Waiver and Release. In exchange for the City's promise to remove the Trees and Fence at no cost to me, I am voluntarily, and with an understanding of this Commitment, waiving and releasing any and all of my claims connected in any way to the Trees or Fence (the "Released Claims") against the City of Palm Springs, and also against any and all of its officials, whether elected, appointed or employed, and the City's contractors and sub -contractors hired to assist in removing the Trees (altogether and each, the "City"). I accept that these Released Claims include any of my legal and other rights, demands or actions that I have or might have, to try to recover money from the City, to try to force the City to remove the Trees and Fence, or to take any other action related to the Trees and Fence. I also understand and accept that any claim that the Trees or Fence damaged anything that belongs to me, whether my land or my belongings, prior to my signing this Commitment, is a Released Claim. Similarly, any claim that the Trees or Fence injured or harmed any person on my property prior to my signing this Commitment is a Released Claim. Finally, I know that the removal of the Trees and Fence will impact my property, and leave my home exposed to the golf course and balls that may come from it. Any claim about damage to my land, or anything on it connected to City work during or after the removal of the Trees and Fence (a "Removal Claim"), including any claim related to one or more golf balls entering my property (a "Golf Ball Claim") is a Released Claim. This Commitment does not protect the City against or cover any Removal Claim related to City negligence during the removal of the Trees, but does protect the City against and cover any future Golf Ball Claim. 3. Civil Code Section 1542 Waiver. I understand and agree by that the true facts connected to the "Waiver and Release" above may turn out to be different from the facts that the City and/or I believe at the time of signing this Commitment. I expressly assume the risk of the facts turning out to be different than what they now appear to be, and agree that the "Waiver and Release" above will be effective and not terminated or cancelled because of any such difference in facts. That is why I expressly waive any and all rights I have or may have under California Civil Code section 1542, which provides as follows: 2.28.18 Commitment by Lawrence Crossley Neighborhood Resident Page 2 of 2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or his favor at the time of executing the release, which if known by him or his must have materially affected his or his settlement with the debtor." CC/ My Initials Whenever possible, each part of this Commitment will be effective and valid under applicable law. If a court finds any language in this Commitment invalid or unenforceable, that will not affect the remaining part of this Commitment, which will be interpreted and followed to carry out the City's intent in requiring this Commitment, and my intent in signing it. The City has informed me that I have the absolute right to review this Commitment, and the temporary easement that I am returning to the City with this Commitment, with my own attorney, if I want to hire one. My signature below indicates that I have spoken with a lawyer if I wanted to do so, and that 1 understand that I am legally bound by this Commitment. In signing this Commitment, I am promising the City that I am fully and legally authorized to do so as the owner of the property referenced below. The City is not forcing or pressuring me to sign this Commitment or the related temporary easement; I am doing so voluntarily in order to persuade the City to remove the Trees and Fence at no cost or expense to me. Date: March '75 1 , 2018 .09 % �qlu- PR . I . N ED NAME OF RESIDENT SIGNATURE T veey If/ r CY r7 C e t) �re,- 'j- ADDRESS OF RESIDENT'S PROP [PRINT PLEASE] 5 1' saLM U1 cq��P March 15, 2018 Dear Resident, city (--)f Palm Springs Office of the City Attorney 3200 E. Tahgoitz Canyon Way • Palm Springs, California 92262 Tel: 760.323.8205 • Fax: 760.322.8332 • TDD 760.864.9527 • www.palmspringsca.gov The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where I can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. 5. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, if you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. If you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. if you have a question about anything in this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question_ Very Truly Yours, THE CITY OF PALM SPRINGS ra �y M-A I Edward Z. Kotkin City Attorney enclosures 2.28.18 Post Office Box 2743 • Palm Springs, California 92263.2743 SUBJECT: Tahquitz Creek Golf Course Tamarisk Tree Removals A.P.N.: 681-283-019; 1811 Lawrence Street, Palm Springs, CA 92264 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT The following right -of -entry and temporary construction easement agreement is by and between the City_ of Palm Springs, a California charter city and municipal corporation. (the "City of Palm Springs"), and the 2015 Cathie M. Fox Revocable Trust (herein referred to as "Grantor"): The right is hereby granted to the City of Palm Springs, together with its contractors and subcontractors hired to assist in Work as defined herein (in the aggregate, "City") to enter upon and use the residential property of Grantor located in the City of Palm Springs, County of Riverside, State of California, described as follows: The westerly 10 feet of the property identified as Assessor's Parcel Number 681- 283-019, also identified as the property located at 1811 Lawrence Street, Palm Springs, CA 92264, (hereinafter referred to as the "Property"). 2. Grantor hereby grants City a right -of -entry and temporary easement necessary to completely remove the existing tamarisk trees located on the Palm Springs' Golf Course adjacent to the Property, including removal of existing fence material located on or adjacent to the Golf Course, (hereinafter referred to as the "Work"). 3. City agrees in connection with the rights granted herein to complete the Work at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Work to the satisfaction of the City. 5. A minimum of five (5) business days' written notice shall be given to Grantor prior to the beginning of City's use of the rights herein granted. 6. It is understood that the City may enter upon the Property where appropriate or designated for the purpose of completing the Work. City agrees to use its best efforts to avoid damaging the Property in the process of completing the Work. In the event damage occurs as a result of City negligence, Palm Springs agrees to repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in a condition, as close as reasonably practicable, to that which Page 1 of 3 existed prior to the City's entry onto the Property, with the exception of the Work completed. 8. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein; and furthermore, Grantor hereby agrees to provide its tenants (if any) of the Property with advance notice of the City's intent to complete the Work, and shall coordinate with its tenants (if any) such that the City's rights contained herein are not restricted. 10. This agreement is the result of negotiations between Palm Springs and Grantor. This agreement is intended by the parties, together with the commitment returned by Grantor to Palm Springs with this agreement ("Commitment"), as a final expression of their understanding with respect to the matters herein, and in addition to the Commitment, is a complete and exclusive statement of the terms and conditions thereof. 11. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 12. With the exception of the Commitment, this agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. (SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. SACITY11 Ciity, of Palm Springs r Date: By - WDavid H. Ready, City Manager APPROVE TO FORM: By: - &;—,=, Edward Z. Kotkin, City Attorney APPROVED BY CITY COUNCIL 'AMA-0. AAtg�, 1�� ATTEST: By: + wj IA A. Aead it 6k;,e bpl'J An hony J Mejia, MMC z'p- i City Clerk "GRANTOR" 2015 Cathie M. Fox Revocable Trust Date: ' / -� - / By: Signature Printed Name/Title By: Signature Printed Name/Title Page 3 of 3 i �.: Commitment to Waiver and Release • �ttrxaaN�* by Lawrence Crossley Neighborhood Resident 1. Background. A row of tamarisk trees lines the east edge of Fairways #14 and #15 of the Tahquitz Creek "Legends" Golf Course (the "Trees"). There is also a chain link fence located with the Trees (the "Fence"). The City of Palm Springs did not plant the Trees, and it appears that the Trees have been in their location since 1958 or before, and were likely planted and used as a windbreak. No information is available at this time about the origin of the Fence. I am signing this agreement to waiver and release ("Commitment") because I want the City of Palm Springs to remove the Trees and Fence at no cost to me. i understand that the City of Palm Springs has no legal duty to remove the Trees or Fence, but will do so based upon this Commitment and the temporary easement that I return to the City with this Commitment. When the removal of Trees is complete, the City of Palm Springs will try to leave my property in the prior condition it was in to the extent reasonably possible. 2. Waiver and Release. In exchange for the City's promise to remove the Trees and Fence at no cost to me, I am voluntarily, and with an understanding of this Commitment, waiving and releasing any and all of my claims connected in any way to the Trees or Fence (the "Released Claims") against the City of Palm Springs, and also against any and all of its officials, whether elected, appointed or employed, and the City's contractors and sub -contractors hired to assist in removing the Trees (altogether and each, the "City'). I accept that these Released Claims include any of my legal and other rights, demands or actions that l have or might have, to try to recover money from the City, to try to force the City to remove the Trees and Fence, or to take any other action related to the Trees and Fence. I also understand and accept that any claim that the Trees or Fence damaged anything that belongs to me, whether my land or my belongings, prior to my signing this Commitment, is a Released Claim. Similarly, any claim that the Trees or Fence injured or harmed any person on my property prior to my signing this Commitment is a Released Claim. Finally, I know that the removal of the Trees and Fence will impact my property, and leave my home exposed to the golf course and bails that may come from it. Any claim about damage to my land, or anything on it connected to City work during or after the removal of the Trees and Fence (a "Removal Claim"), including any claim related to one or more golf balls entering my property (a "Golf Ball Claim") is a Released Claim. This Commitment does not protect the City against or cover any Removal Claim related to City negligence during the removal of the Trees, but does protect the City against and cover any future Golf Ball Claim. 3. Civil Code Section 1542 Waiver. I understand and agree by that the true facts connected to the "Waiver and Release" above may turn out to be different from the facts that the City and/or I believe at the time of signing this Commitment. I expressly assume the risk of the facts turning out to be different than what they now appear to be, and agree that the "Waiver and Release" above will be effective and not terminated or cancelled because of any such difference in facts. That is why I expressly waive any and all rights I have or may have under California Civil Code section 1542, which provides as follows: Commitment by Lawrence Crossley Neighborhood Resident Page 2 of 2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or his favor at the time of executing the release, which if known by him or his must have materially affected his or his settlement with the debtor." My lhtials Whenever possible, each part of this Commitment will be effective and valid under applicable law. If a court finds any language in this Commitment invalid or unenforceable, that will not affect the remaining part of this Commitment, which will be interpreted and followed to carry out the City's intent in requiring this Commitment, and my intent in signing it. The City has informed me that I have the absolute right to review this Commitment, and the temporary easement that I am returning to the City with this Commitment, with my own attorney, if I want to hire one. My signature below indicates that I have spoken with a lawyer if I wanted to do so, and that 1 understand that I am legally bound by this Commitment. In signing this Commitment, I am promising the City that I am fully and legally authorized to do so as the owner of the property referenced below. The City is not forcing or pressuring me to sign this Commitment or the related temporary easement; I am doing so voluntarily in order to persuade the City to remove the Trees and Fence at no cost or expense to me. Date: March 1 , 2018 PRINTED NAME OF RESIDENT SIGNATURE OF RESIDENT ADDRESS OF RESIDENT'S PROPERTY [PRINT PLEASE] _I IS 1, o� ppLM S cg41poRN�� March 15, 2018 Dear Resident, City Of Palm springs Office of the City Attorney 3200 E. Taligtiitz Canyon Way • Palm Springs, California 92262 Tel: 760.323.8205 • Fax: 760.322.8332 • TDD 760.864.9527 • www.palmspringsca.gov The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where I can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. 5. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, if you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. If you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. If you have a question about anything in this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question. Very Truly Yours, THE CITY OF PALM SPRINGS Edward Z_ Kotkin City Attorney enclosures 20.18 Post Office Box 2743 • Palm Springs, California 92263.2743 SUBJECT: Tahquitz Creek Golf Course Tamarisk Tree Removals A.P.N.: 681-283-017; 1853 Lawrence Street, Palm Springs, CA 92264 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT The following right -of -entry and temporary construction easement agreement is by and between the City of Palm Springs, a California charter city and municipal corporation. (the "City of Palm Springs"), and the James Michael Harrod Trust (herein referred to as "Grantor" 1. The right is hereby granted to the City of Palm Springs, together with its contractors and subcontractors hired to assist in Work as defined herein (in the aggregate, "City") to enter upon and use the residential property of Grantor located in the City of Palm Springs, County of Riverside, State of California, described as follows: The westerly 10 feet of the property identified as Assessor's Parcel Number 681- 283-017, also identified as the property located at 1853 Lawrence Street, Palm Springs, CA 92264, (hereinafter referred to as the "Property"). 2. Grantor hereby grants City a right -of -entry and temporary easement necessary to completely remove the existing tamarisk trees located on the Palm Springs' Golf Course adjacent to the Property, including removal of existing fence material located on or adjacent to the Golf Course, (hereinafter referred to as the "Work"). 3. City agrees in connection with the rights granted herein to complete the Work at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Work to the satisfaction of the City. 5. A minimum of five (5) business days' written notice shall be given to Grantor prior to the beginning of City's use of the rights herein granted. 6. It is understood that the City may enter upon the Property where appropriate or designated for the purpose of completing the Work. City agrees to use its best efforts to avoid damaging the Property in the process of completing the Work. In the event damage occurs as a result of City negligence, Palm Springs agrees to repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in a condition, as close as reasonably practicable, to that which Page 1 of 3 existed prior to the City's entry onto the Property, with the exception of the Work completed. 8. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein; and furthermore, Grantor hereby agrees to provide its tenants (if any) of the Property with advance notice of the City's intent to complete the Work, and shall coordinate with its tenants (if any) such that the City's rights contained herein are not restricted. 10. This agreement is the result of negotiations between Palm Springs and Grantor. This agreement is intended by the parties, together with the commitment returned by Grantor to Palm Springs with this agreement ("Commitment"), as a final expression of their understanding with respect to the matters herein, and in addition to the Commitment, is a complete and exclusive statement of the terms and conditions thereof. 11. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 12. With the exception of the Commitment, this agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: it B David H. Ready, City Manager APPROVED TO FORM: Edward Z. Kotkin, City Attorney APPROVED Sy CITY COUNCIL .A. l� 11 ATTEST: By:Anithonvy N a 1�t• �� e�lr�>C �P J Mejia, MMC lcl G►c+'� U City Clerk "GRANTOR" James Michael Harrod Trust Date: .3 iS-- / S By: "_1 >&a.--1 Signature 'SGIrl1{a Mo'c-44,4 144r*^D&W Printed Namerritle By: Signature Printed Name/Title Page 3 of 3 Fi N Commitment to Waiver and Release by Lawrence Crossley Neighborhood Resident 1. Background. A row of tamarisk trees lines the east edge of Fairways #14 and #15 of the Tahquitz Creek "Legends" Golf Course (the "Trees"). There is also a chain link fence located with the Trees (the "Fence"). The City of Palm Springs did not plant the Trees, and it appears that the Trees have been in their location since 1958 or before, and were likely planted and used as a windbreak. No information is available at this time about the origin of the Fence. I am signing this agreement to waiver and release ("Commitment") because I want the City of Palm Springs to remove the Trees and Fence at no cost to me. I understand that the City of Palm Springs has no legal duty to remove the Trees or Fence, but will do so based upon this Commitment and the temporary easement that I return to the City with this Commitment. When the removal of Trees is complete, the City of Palm Springs will try to leave my property in the prior condition it was in to the extent reasonably possible. 2. Waiver and Release. In exchange for the City's promise to remove the Trees and Fence at no cost to me, I am voluntarily, and with an understanding of this Commitment, waiving and releasing any and all of my claims connected in any way to the Trees or Fence (the "Released Claims") against the City of Palm Springs, and also against any and all of its officials, whether elected, appointed or employed, and the City's contractors and sub -contractors hired to assist in removing the Trees (altogether and each, the "City"). I accept that these Released Claims include any of my legal and other rights, demands or actions that I have or might have, to try to recover money from the City, to try to force the City to remove the Trees and Fence, or to take any other action related to the Trees and Fence. I also understand and accept that any claim that the Trees or Fence damaged anything that belongs to me, whether my land or my belongings, prior to my signing this Commitment, is a Released Claim. Similarly, any claim that the Trees or Fence injured or harmed any person on my property prior to my signing this Commitment is a Released Claim. Finally, I know that the removal of the Trees and Fence will impact my property, and leave my home exposed to the golf course and balls that may come from it. Any claim about damage to my land, or anything on it connected to City work during or after the removal of the Trees and Fence (a "Removal Claim"), including any claim related to one or more golf balls entering my property (a "Golf Ball Claim") is a Released Claim. This Commitment does not protect the City against or cover any Removal Claim related to City negligence during the removal of the Trees, but does protect the City against and cover any future Golf Ball Claim. 3. Civil Code Section 1542 Waiver. I understand and agree by that the true facts connected to the "Waiver and Release" above may turn out to be different from the facts that the City and/or I believe at the time of signing this Commitment. I expressly assume the risk of the facts turning out to be different than what they now appear to be, and agree that the "Waiver and Release" above will be effective and not terminated or cancelled because of any such difference in facts. That is why l expressly waive any and all rights I have or may have under California Civil Code section 1542, which provides as follows: Commitment by Lawrence Crossley Neighborhood Resident Page 2 of 2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or his favor at the time of executing the release, which if known by him or his must have materially affected his or his settlement with the debtor." y initials Whenever possible, each part of this Commitment will be effective and valid under applicable law. If a court finds any language in this Commitment invalid or unenforceable, that will not affect the remaining part of this Commitment, which will be interpreted and followed to carry out the City's intent in requiring this Commitment, and my intent in signing it. The City has informed me that I have the absolute right to review this Commitment, and the temporary easement that I am returning to the City with this Commitment, with my own attorney, if I want to hire one. My signature below indicates that I have spoken with a lawyer if I wanted to do so, and that I understand that I am legally bound by this Commitment. In signing this Commitment, I am promising the City that I am fully and legally authorized to do so as the owner of the property referenced below. The City is not forcing or pressuring me to sign this Commitment or the related temporary easement; I am doing so voluntarily in order to persuade the City to remove the Trees and Fence at no cost or expense to me. Date: March /0 14, 2018 -T-4mcr In A4rr-,-od PRINTED NAME OF RESIDENT SIGNATURE OF RESIDENT ADDRESS OF RESIDENT'S PROPERTY [PRINT PLEASE] 2 R 1:", o� pA1,M sA� a u rn c4t1poRN�p March 15, 2018 Dear Resident, City Of Palm Springs Office of the City Attorney 3200 E. Tahquirz Canyon Way - Palm Springs, California 92262 Tel: 760.323.8205 • Fax: 760.322.8332 • TDD 760.864.9527 • www.paimspringsca.gov The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where I can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. 5. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, if you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. if you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. if you have a question about anything in this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question. Very Truly Yours, THE CITY OF PALM SPRINGS Lalwo� M Edward Z. Kotkin City Attorney enclosures zM 18 Post Office Box 2743 - Palm Springs, California 92263-2743 SUBJECT: Tahquitz Creek Golf Course Tamarisk Tree Removals A.P.N.: 681-283-012; 1951 Lawrence Street, Palm Springs, CA 92264 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT The following right -of -entry and temporary construction easement agreement is by and between the City of Palm 5prinas. a California charter city and municipal corporation. the "City of Palm Springs"), and Jeffrey M. Ewell herein referred to as "Grantor' The right is hereby granted to the City of Palm Springs, together with its contractors and subcontractors hired to assist in Work as defined herein (in the aggregate, "City") to enter upon and use the residential property of Grantor located in the City of Palm Springs, County of Riverside, State of California, described as follows: The westerly 10 feet of the property identified as Assessor's Parcel Number 681- 283-012, also identified as the property located at 1951 Lawrence Street, Palm Springs, CA 92264, (hereinafter referred to as the "Property"). 2. Grantor hereby grants City a right -of -entry and temporary easement necessary to completely remove the existing tamarisk trees located on the Palm Springs' Golf Course adjacent to the Property, including removal of existing fence material located on or adjacent to the Golf Course, (hereinafter referred to as the "Work"). 3. City agrees in connection with the rights granted herein to complete the Work at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Work to the satisfaction of the City. 5. A minimum of five (5) business days' written notice shall be given to Grantor prior to the beginning of City's use of the rights herein granted. 6. It is understood that the City may enter upon the Property where appropriate or designated for the purpose of completing the Work. City agrees to use its best efforts to avoid damaging the Property in the process of completing the Work. In the event damage occurs as a result of City negligence, Palm Springs agrees to repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in a condition, as close as reasonably practicable, to that which Page 1 of 3 existed prior to the City's entry onto the Property, with the exception of the Work completed. 8. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein; and furthermore, Grantor hereby agrees to provide its tenants (if any) of the Property with advance notice of the City's intent to complete the Work, and shall coordinate with its tenants (if any) such that the City's rights contained herein are not restricted. 10. This agreement is the result of negotiations between Palm Springs and Grantor. This agreement is intended by the parties, together with the commitment returned by Grantor to Palm Springs with this agreement ("Commitment"), as a final expression of their understanding with respect to the matters herein, and in addition to the Commitment, is a complete and exclusive statement of the terms and conditions thereof. 11. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 12. With the exception of the Commitment, this agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. SICITV1I CityofPalm Springs Date: By:� David H. Ready, City Manager APPROVE TO FORM: By: Edward Z. Kotkin, City Attorney APPROVED By CITY COUNCIL '• 1Dlo7 Date: ATTEST: By: r� -toAnthony J Mejia, MMC City Clerk "GRANTOR" Jeffrey M. Ewell Si Printec(Name/Title By: Signature Printed Name/Title Page 3 of 3 �D+ TAWS « Commitment to Waiver and Release by Lawrence Crossley Neighborhood Resident 1. Background. A row of tamarisk trees lines the east edge of Fairways #14 and #15 of the Tahquitz Creek "Legends" Golf Course (the "Trees"). There is also a chain Iink fence located with the Trees (the "Fence"). The City of Palm Springs did not plant the Trees, and it appears that the Trees have been in their location since 1958 or before, and were likely planted and used as a windbreak. No information is available at this time about the origin of the Fence. I am signing this agreement to waiver and release ("Commitment") because I want the City of Palm Springs to remove the Trees and Fence at no cost to me. I understand that the City of Palm Springs has no legal duty to remove the Trees or Fence, but will do so based upon this Commitment and the temporary easement that I return to the City with this Commitment. When the removal of Trees is complete, the City of Palm Springs will try to leave my property in the prior condition it was in to the extent reasonably possible. 2. Waiver and Release. In exchange for the City's promise to remove the Trees and Fence at no cost to me, I am voluntarily, and with an understanding of this Commitment, waiving and releasing any and all of my claims connected in any way to the Trees or Fence (the "Released Claims") against the City of Palm Springs, and also against any and all of its officials, whether elected, appointed or employed, and the City's contractors and sub -contractors hired to assist in removing the Trees (altogether and each, the "City"). I accept that these Released Claims include any of my legal and other rights, demands or actions that I have or might have, to try to recover money from the City, to try to force the City to remove the Trees and Fence, or to take any other action related to the Trees and Fence. I also understand and accept that any claim that the Trees or Fence damaged anything that belongs to me, whether my land or my belongings, prior to my signing this Commitment, is a Released Claim. Similarly, any claim that the Trees or Fence injured or harmed any person on my property prior to my signing this Commitment is a Released Claim. Finally, I know that the removal of the Trees and Fence will impact my property, and leave my home exposed to the golf course and balls that may come from it. Any claim about damage to my land, or anything on it connected to City work during or after the removal of the Trees and Fence (a "Removal Claim"), including any claim related to one or more golf balls entering my property (a "Golf Ball Claim") is a Released Claim. This Commitment does not protect the City against or cover any Removal Claim related to City negligence during the removal of the Trees, but does protect the City against and cover any future Golf Ball Claim. 3. Civil Code Section 1542 Waiver. I understand and agree by that the true facts connected to the "Waiver and Release" above may turn out to be different from the facts that the City and/or I believe at the time of signing this Commitment. I expressly assume the risk of the facts turning out to be different than what they now appear to be, and agree that the "Waiver and Release" above will be effective and not terminated or cancelled because of any such difference in facts. That is why I expressly waive any and all rights I have or may have under California Civil Code section 1542, which provides as follows: � j 6 1_, Commitment by Lawrence Crossley Neighborhood Resident Page 2 of 2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or his favor at the time of executing the release, which if known by him or his must have materially affected his or his settlement with the debtor." (:W) nitials Whenever possible, each part of this Commitment will be effective and valid under applicable law. if a court finds any language in this Commitment invalid or unenforceable, that will not affect the remaining part of this Commitment, which will be interpreted and followed to carry out the City's intent in requiring this Commitment, and my intent in signing it. The City has informed me that I have the absolute right to review this Commitment, and the temporary easement that I am returning to the City with this Commitment, with my own attorney, if I want to hire one. My signature below indicates that I have spoken with a lawyer if I wanted to do so, and that I understand that I am legally bound by this Commitment. In signing this Commitment, I am promising the City that I am fully and legally authorized to do so as the owner of the property referenced below. The City is not forcing or pressuring me to sign this Commitment or the related temporary easement; I am doing so voluntarily in order to persuade the City to remove the Trees and Fence at no cost or expense to me. Date: March 6 , 2018 1�ww r4�11 PRINTED kAME OF RESIDENT ADDRESS OF RESID NT'S [PRINT PLEASE] SIGRATUR 'OF RESIDENT 22 18 pA1.M SAS .y V � t �,d� • C'Q[IfiORN�� March 15, 2018 Dear Resident, City Of halm Springs Office of the City Attorney 3200 E. Tahquitz Canyon Way - Palm Springs, California 92262 Tel: 760.323.8205 - Fax: 760.322.8332 - TDD 760.864.9527 - www.paimspringsca.gov The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where 1 can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. 5. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, if you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. If you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. If you have a question about anything in this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question. Very Truly Yours, THE CITY OF PALM SPRINGS Edward Z Kotkin City Attorney enclosures 22818 Post Office Box 2743 - Palm Springs, California 92263.2743 SUBJECT: Tahquitz Creek Golf Course Tamarisk Tree Removals A.P.N.: 681-490-001; 6300 Bolero Road, Palm Springs, CA 92264 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT The following right -of -entry and temporary construction easement agreement is by and between the City of Palm Springs, a California charter city and municipal corporation, (the "City of Palm Springs"), and PALM SPRINGS INV. CO., (herein referred to as "Grantor"): 1. The right is hereby granted to the City of Palm Springs, together with its contractors and subcontractors hired to assist in Work as defined herein (in the aggregate, "City") to enter upon and use the Palm Springs Inv. Co .,ial property of Grantor located in the City of Palm Springs, County of Riverside, State of California, described as follows: The westerly 10 feet of the property identified as Assessor's Parcel Number 681- 490-001, also identified as the property located at, 6300 Bolero Road Palm Springs, CA 92264, (hereinafter referred to as the "Property"). 2. Grantor hereby grants City a right -of -entry and temporary easement necessary to completely remove the existing tamarisk trees located on the Palm Springs' Golf Course adjacent to the Property, including removal of existing fence material located on or adjacent to the Golf Course, (hereinafter referred to as the "Work"). 3. City agrees in connection with the rights granted herein to complete the Work at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Work to the satisfaction of the City. 5. A minimum of five (5) business days' written notice shall be given to Grantor prior to the beginning of City's use of the rights herein granted. 6. It is understood that the City may enter upon the Property where appropriate or designated for the purpose of completing the Work. City agrees to use its best efforts to avoid damaging the Property in the process of completing the Work. In the event damage occurs as a result of City negligence, Palm Springs agrees to repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in a condition, as close as reasonably practicable, to that which existed Page 1 of 3 prior to the City's entry onto the Property, with the exception of the Work completed. 8. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein; and furthermore, Grantor hereby agrees to provide its tenants (if any) of the Property with advance notice of the City's intent to complete the Work, and shall coordinate with its tenants (if any) such that the City's rights contained herein are not restricted. 10. This agreement is the result of negotiations between Palm Springs and Grantor. This agreement is intended by the parties, together with the commitment returned by Grantor to Palm Springs with this agreement ("Commitment"), as a final expression of their understanding with respect to the matters herein, and in addition to the Commitment, is a complete and exclusive statement of the terms and conditions thereof. 11. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 12. With the exception of the Commitment, this agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: David H. Ready, City Manager APPROVES A TO FORM: By: Edward Z. Kotkin, City Attorney APPROVED BY CITY COUNCIL ATTEST: By: N r� �. ��GfiIJ! G►Y,,_ �v Anthony J ejia, MMC City Clerk Date: �. 1 17; - .1-4 1 By: "GRANTOR" Palm Springs Inv. Co. Signature &Lk[� 0 ` 04-tk��- Printed Name/Title By: Signature Printed Name/Title Page 3 of 3 t� M Commitment to Waiver and Release ;1.�,�►� by Lawrence Crossley Neighborhood Resident 1. Background. A row of tamarisk trees lines the east edge of Fairways #14 and #15 of the Tahquitz Creek "Legends" Golf Course (the "Trees"). There is also a chain link fence located with the Trees (the "Fence"). The City of Palm Springs did not plant the Trees, and it appears that the Trees have been in their location since 1958 or before, and were likely planted and used as a windbreak. No information is available at this time about the origin of the Fence. l am signing this agreement to waiver and release ("Commitment") because I want the City of Palm Springs to remove the Trees and Fence at no cost to me. 1 understand that the City of Palm Springs has no legal duty to remove the Trees or Fence, but will do so based upon this Commitment and the temporary easement that I return to the City with this Commitment. When the removal of Trees is complete, the City of Palm Springs will try to leave my property in the prior condition it was in to the extent reasonably possible. 2. Waiver and Release. In exchange for the City's promise to remove the Trees and Fence at no cost to me, I am voluntarily, and with an understanding of this Commitment, waiving and releasing any and ali of my claims connected in anyway to the Trees or Fence (the "Released Claims") against the City of Palm Springs, and also against any and all of its officials, whether elected, appointed or employed, and the City's contractors and sub -contractors hired to assist in removing the Trees (altogether and each, the "City"). I accept that these Released Claims include any of my legal and other rights, demands or actions that I have or might have, to try to recover money from the City, to try to force the City to remove the Trees and Fence, or to take any other action related to the Trees and Fence. I also understand and accept that any claim that the Trees or Fence damaged anything that belongs to me, whether my land or my belongings, prior to my signing this Commitment, is a Released Claim. Similarly, any claim that the Trees or Fence injured or harmed any person on my property prior to my signing this Commitment is a Released Claim. Finally, I know that the removal of the Trees and Fence will impact my property, and leave my home exposed to the golf course and balls that may come from it. Any claim about damage to my land, or anything on it connected to City work during or after the removal of the Trees and Fence (a "Removal Claim"), including any claim related to one or more golf balls entering my property (a "Golf Ball Claim") is a Released Claim. This Commitment does not protect the City against or cover any Removal Claim related to City negligence during the removal of the Trees, but does protect the City against and cover any future Golf Ball Claim. 3. Civil Code Section 1542 Waiver. l understand and agree by that the true facts connected to the "Waiver and Release" above may turn out to be different from the facts that the City and/or l believe at the time of signing this Commitment. l expressly assume the risk of the facts turning out to be different than what they now appear to be, and agree that the "Waiver and Release" above will be effective and not terminated or cancelled because of any such difference in facts. That is why I expressly waive any and all rights I have or may have under California Civil Code section 1542, which provides as follows: Commitment by Lawrence Crossley Neighborhood Resident Page 2of2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or his favor at the time of executing the release, which if known by him or his must have materially affected his or his settlement with the debtor." rA M In' ials Ax Whenever possible, each part of this Commitment will be effective and valid under applicable law. If a court finds any language in this Commitment invalid or unenforceable, that will not affect the remaining part of this Commitment, which will be interpreted and followed to carry out the City's intent in requiring this Commitment, and my intent in signing it. The City has informed me that I have the absolute right to review this Commitment, and the temporary easement that I am returning to the City with this Commitment, with my own attorney, if I want to hire one. My signature below indicates that I have spoken with a lawyer if I wanted to do so, and that I understand that I am legally bound by this Commitment. In signing this Commitment, I am promising the City that I am fully and legally authorized to do so as the owner of the property referenced below. The City is not forcing or pressuring me to sign this Commitment or the related temporary easement; I am doing so voluntarily in order to persuade the City to remove the Trees and Fence at no cost or expense to me. Date: April . , 2018 L9 v � �� ADDRE �LA�cAf-- V31 PRINTED NAME OF RESIDENT TURF OF RESIDENT i�5 C,�\ - T22Gq OF RESIDENT'S PROPERTY [PRINT PLEASE] ,. � pA1LM sA4 ,z U c'Q41rORN�P March 15, 2018 Dear Resident, City Of Palm Springs Office of the City Attorney 3200 E. Tahquirz Canyon Way ■ Palm Springs, California 92262 Tel: 760.323.8205 • Fax: 760.322.8332 • TDD 760.864.9527 • www.palmspringsca.gov The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where I can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. 5. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, if you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. If you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. If you have a question about anything in this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question. Very Truly Yours, THE CITY OF PALM SPRINGS Edward Z. Kotkin City Attorney enclosures ZMA8 Post Office Box 2743 • Palm Springs, California 92263-2743 ' O� pA1.M SAGA c'Q[ ►lFORN�P March 15, 2018 Dear Resident, amity of Palm Springs Office of the City Attorney 3200 E. Tahquitz Canyon Way • Palm Springs, California 92262 Tel: 760.323.8205 • Fax: 760.322.8332 • TDD 760.864.9527 • www.palmspringsca.gov The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where I can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. 5. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, if you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. If you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. If you have a question about anything in this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question. Very Truly Yours, THE CITY OF PALM SPRINGS Edward Z. Kotkin City Attorney enclosures 22818 Post Office Box 2743 • Palm Springs, California 92263-2743 SUBJECT: Tahquitz Creek Golf Course Tamarisk Tree Removals A.P.N.: 681-283-910;1996 Lawrence Street, Palm Springs, CA 92264 The following right -of -entry and temporary gonstruction easement agreement is by and between ih C of Palm ris C lifomi charter ci nd nisi al or r ion the °� o P m ri s" Th odor ee hit h in re err to a " nor": 1. The right is hereby granted to the City of Palm Springs, together with its contractors and subcontractors hired to assist in Work as defined herein (in the aggregate, "C'�') to enter upon and use the residential property of Grantor located In the City of Palm Springs, County of Riverside, State of California, described as follows: The westerly i fee' ed as he the plocated ed at 1995 Lawrence Street. Palm �83-U10, also identified prop" Springs, CA 92264, (hereinafter referred to as the "Property"). 2. Grantor hereby grants City a right -of -entry and temporary easement necessary to completely remove the existing tamarisk trees located on the Palm Springs' Golf Course adjacent to the Property, including removal of existing fence material located on or adjacent to the Golf Course, (hereinafter referred to as the 'Work"). 3. City agrees in connection with the rights granted herein to complete the Work at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Work to the satisfaction of the City. 5. A minimum of five (5) business days' written notice shall be given to Grantor prior to the beginning of City's use of the rights herein granted. 6. It is understood that the City may enter upon the Property where appropriate or designated for the purpose of completing the Work. City agrees to use its best efforts to avoid damaging as a resultt of in heprocess negl negligence, Palm Springs agrees to the Work. In the event damage occurs City repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in a condition, as close as reasonably practicable, to that which Page 1 of 3 prior to the City's entry onto the Property, with the exception of the Work completed. 8. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein; and furthermore, Grantor hereby agrees to provide its tenants (if any) of the Property with advance notice of the City's intent to complete the Work, and shall coordinate with its tenants (if any) such that the City's rights contained herein are not restricted. 10. This agreement is the result of negotiations between Palm Springs and Grantor. This agreement is intended by the parties, together with the commitment returned by Grantor to Palm Springs with this agreement ("Commitment'), as a final expression of their understanding with respect to the matters herein, and in addition to the Commitment, is a complete and exclusive statement of the terms and conditions thereof. 11. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 12. With the exception of the Commitment, this agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: David H. Ready, City Manager APPROVE TO FO By: Edward Z- Kotkin, City Attorney APPROVED BY CITY COUNCIL ILA, 10�a Date: fs1r"` 11 i Z� ATTEST: By. K r'A r kxi p� fVn ony J ejia, MMC Ct cl� City Clerk By "GRANTOR" Theodore Lee Krehbiel Printed Namefritle By: Signature Printed Name/Title Page 3 of 3 . Commitment to Waiver and Release by Lawrence Crossley Neighborhood Resident 1. Background. A row of tamarisk trees lines the east edge of Fairways #14 and #15 of the Tahquitz Creek "Legends" Golf Course (the "Trees"). There is also a chain link fence located with the Trees (the Fence"). The City of Palm Springs did not plant the Trees, and it appears that the Trees have been in their location since 1958 or before, and were likely planted and used as a windbreak. No information is available at this time about the origin of the Fence. I am signing this agreement to waiver and release ("Commitment") because I want the City of Palm Springs to remove the Trees and Fence at no cost to me. I understand that the City of Palm Springs has no legal duty to remove the Trees or Fence, but will do so based upon this Commitment and the temporary easement that I return to the City with this Commitment. When the removal of Trees is complete, the City of Palm Springs will try to leave my property in the prior condition it was in to the extent reasonably possible. 2. Waiver and Release. In exchange for the City's promise to remove the Trees and Fence at no cost to me, I am voluntarily, and with an understanding of this Commitment, waiving and releasing any and all of my claims connected in any way to the Trees or Fence (the "Released Claims") against the City of Palm Springs, and also against any and all of its officials, whether elected, appointed or employed, and the City's contractors and sub -contractors hired to assist in removing the Trees (altogether and each, the "City"). I accept that these Released Claims include any of my legal and other rights, demands or actions that I have or might have, to try to recover money from the City, to try to force the City to remove the Trees and Fence, or to take any other action related to the Trees and Fence. I also understand and accept that any claim that the Trees or Fence damaged anything that belongs to me, whether my land or my belongings, prior to my signing this Commitment, is a Released Claim. Similarly, any claim that the Trees or Fence injured or harmed any person on my property prior to my signing this Commitment is a Released Claim. Finally, I know that the removal of the Trees and Fence will impact my property, and leave my home exposed to the golf course and balls that may come from it. Any claim about damage to my land, or anything on it connected to City work during or after the removal of the Trees and Fence (a "Removal Claim"), Including any claim related to one or more golf balls entering my property (a "Golf Ball Claim") is a Released Claim. This Commitment does not protect the City against or cover any Removal Claim related to City negligence during the removal of the Trees, but does protect the City against and cover any future Golf Ball Claim. 3. Civil Code Section 1542 Waiver. I understand and agree by that the true facts connected to the "Waiver and Release" above may turn out to be different from the facts that the City and/or I believe at the time of signing this Commitment. I expressly assume the risk of the facts turning out to be different than what they now appear to be, and agree that the "Waiver and Release" above will be effective and not terminated or cancelled because of any such difference in facts. That is why I expressly waive any and all rights I have or may have under California Civil Code section 1542, which provides as follows: 2 2s =M Commitment by Lawrence Crossley Neighborhood Resident page 2 of 2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or his favor at the tme of executing the release, which if known by him or his must have materially affected his or his settlement with the debtor." <�/L My Initials Whenever possible, each part of this Commitment will be effective and valid under applicable law. If a court finds any language in this Commitment invalid or unenforceable, that will not affect the remaining part of this Commitment, which will be interpreted and followed to carry out the City's intent in requiring this Commitment, and my intent in signing it. The City has informed me that I have the absolute right to review this Commitment, and the temporary easement that I am returning to the City with this Commitment, with my own attorney, if I want to hire one. My signature below indicates that I have spoken with a lawyer if I wanted to do so, and that I understand that I am legally bound by this Commitment. In signing this Commitment, I am promising the City that I am fully and legally authorized to do so as the owner of the property referenced below. The City is not forcing or pressuring me to sign this Commitment or the related temporary easement; I am doing so voluntarily in order to persuade the City to remove the Trees and Fence at no cost or expense to me. Date: MaW,_L_, 2018 199 4-2 I PRINTED NAME OF RESIDENT LA-uq NA tv Lk r Rk�m Ser, OF RESIDENT'S I [PRINT PLEASE] z.2ais O� VALM SAA u c'Q[ 1rORN,P March 15, 2018 Dear Resident, City Of Palm Springs Office of the City Attorney 3200 E. Tahquirz Canyon Way - Palm Springs, California 92262 Tel: 760.323.8205 - Fax: 760.322.8332 - TDD 760.864.9527 - www.paimspringsca.gov The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where I can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. 5. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, if you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. If you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. If you have a question about anything in this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question. Very Truly Yours, THE CITY OF PALM SPRINGS Edward Z Kotkin City Attorney enclosures 228.18 Post Office Box 2743 - Palm Springs, California 92263.2743 City Of Palm Springs Office of the City Attorney 3200 E. Tahquirz Canyon Way - Palm Springs, California 92262 Tel: 760.323.8205 - Fax: 760.322.8332 - TDD 760.864.9527 - www.palmspringsca.gov March 15, 2018 Dear Resident, The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where I can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. 5. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, if you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. If you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. If you have a question about anything in this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question. Very Truly Yours, THE CITY OF PALM SPRINGS Edward Z. Kotkin City Attorney enclosures 2A.18 Post Office Box 2743 - Palm Springs, California 92263-2743 u SUBJECT: Tahquitz Creek Golf Course Tamarisk Tree Removals A.P.N.: 681-283-011; 1973 Lawrence Street, Palm Springs, CA 92264 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT The following right -of -entry and temporary construction easement agreement is by and between the City of Palm Springs, a California charter city and municipal corporation,, (the "City of Palm Springs"), and E._Metcalf and Jean Metcalf (herein referred to as "Grantor" 1. The right is hereby granted to the City of Palm Springs, together with its contractors and subcontractors hired to assist in Work as defined herein (in the aggregate, "City") to enter upon and use the residential property of Grantor located in the City of Palm Springs, County of Riverside, State of California, described as follows: The westerly 10 feet of the property identified as Assessor's Parcel Number 681- 283-011, also identified as the property located at 1973 Lawrence Street, Palm Springs, CA 92264, (hereinafter referred to as the "Property"). 2. Grantor hereby grants City a right -of -entry and temporary easement necessary to completely remove the existing tamarisk trees located on the Palm Springs' Golf Course adjacent to the Property, including removal of existing fence material located on or adjacent to the Golf Course, (hereinafter referred to as the "Work"). 3. City agrees in connection with the rights granted herein to complete the Work at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Work to the satisfaction of the City. 5. A minimum of five (5) business days' written notice shall be given to Grantor prior to the beginning of City's use of the rights herein granted. 6. It is understood that the City may enter upon the Property where appropriate or designated for the purpose of completing the Work. City agrees to use its best efforts to avoid damaging the Property in the process of completing the Work. In the event damage occurs as a result of City negligence, Palm Springs agrees to repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in a condition, as close as reasonably practicable, to that which Page 1 of 3 existed prior to the City's entry onto the Property, with the exception of the Work completed. 8. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein; and furthermore, Grantor hereby agrees to provide its tenants (if any) of the Property with advance notice of the City's intent to complete the Work, and shall coordinate with its tenants (if any) such that the City's rights contained herein are not restricted. 10. This agreement is the result of negotiations between Palm Springs and Grantor. This agreement is intended by the parties, together with the commitment returned by Grantor to Palm Springs with this agreement ("Commitment"), as a final expression of their understanding with respect to the matters herein, and in addition to the Commitment, is a complete and exclusive statement of the terms and conditions thereof. 11. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 12. With the exception of the Commitment, this agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: By: 1� David H. Ready, V" City Manager APPROVED AS TO FORM: By: Edward Z. Kotkin, City Attorney APPROVED By CIXY COUNCIL ATTEST: By: ,fpia 1Q.Rto�G°hirp Ant any J Mejia, MMC (�° j clerP City Clerk "GRANTOR" E. Metcalf and Jean Metcalf Date: By: ? , F Signature Printed NamelTitle By; ..�. r Signature Printed Name/Title Page 3 of 3 �o�r��4pp Y ,ir �.: Commitment to Waiver and Release by Lawrence Crossley Neighborhood Resident 1. Background. A row of tamarisk trees lines the east edge of Fairways #14 and #15 of the Tahquitz Creek "Legends" Golf Course (the "Trees"). There is also a chain link fence located with the Trees (the "Fence"). The City of Palm Springs did not plant the Trees, and it appears that the Trees have been in their location since 1958 or before, and were likely planted and used as a windbreak. No information is available at this time about the origin of the Fence. I am signing this agreement to waiver and release ("Commitment") because I want the City of Palm Springs to remove the Trees and Fence at no cost to me. I understand that the City of Palm Springs has no legal duty to remove the Trees or Fence, but will do so based upon this Commitment and the temporary easement that I return to the City with this Commitment. When the removal of Trees is complete, the City of Palm Springs will try to leave my property in the prior condition it was in to the extent reasonably possible. 2. Waiver and Release. In exchange for the City's promise to remove the Trees and Fence at no cost to me, l am voluntarily, and with an understanding of this Commitment, waiving and releasing any and all of my claims connected in any way to the Trees or Fence (the "Released Claims") against the City of Palm Springs, and also against any and all of its officials, whether elected, appointed or employed, and the City's contractors and sub -contractors hired to assist in removing the Trees (altogether and each, the "City"). I accept that these Released Claims include any of my legal and other rights, demands or actions that I have or might have, to try to recover money from the City, to try to force the City to remove the Trees and Fence, or to take any other action related to the Trees and Fence. I also understand and accept that any claim that the Trees or Fence damaged anything that belongs to me, whether my land or my belongings, prior to my signing this Commitment, is a Released Claim. Similarly, any claim that the Trees or Fence injured or harmed any person on my property prior to my signing this Commitment is a Released Claim. Finally, I know that the removal of the Trees and Fence will impact my property, and leave my home exposed to the golf course and bails that may come from it. Any claim about damage to my land, or anything on it connected to City work during or after the removal of the Trees and Fence (a "Removal Claim"), including any claim related to one or more golf balls entering my property (a "Golf Ball Claim") is a Released Claim. This Commitment does not protect the City against or cover any Removal Claim related to City negligence during the removal of the Trees, but does protect the City against and cover any future Golf Ball Claim. 3. Civil Code Section 1542 Waiver. I understand and agree by that the true facts connected to the 'Waiver and Release" above may turn out to be different from the facts that the City and/or I believe at the time of signing this Commitment. I expressly assume the risk of the facts turning out to be different than what they now appear to be, and agree that the 'Waiver and Release" above will be effective and not terminated or cancelled because of any such difference in facts. That is why I expressly waive any and all rights I have or may have under California Civil Code section 1542, which provides as follows: ..2R M Commitment by Lawrence Crossley Neighborhood Resident Page 2 of 2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or his favor at the time of executing the release, which if known by him or his must have materially affected his or his settlement with the debtor." ��' �, -r,- My Initials Whenever possible, each part of this Commitment will be effective and valid under applicable law. If a court finds any language in this Commitment invalid or unenforceable, that will not affect the remaining part of this Commitment, which will be interpreted and followed to carry out the City's intent in requiring this Commitment, and my intent in signing it. The City has informed me that I have the absolute right to review this Commitment, and the temporary easement that I am returning to the City with this Commitment, with my own attorney, if I want to hire one. My signature below indicates that I have spoken with a lawyer if I wanted to do so, and that I understand that I am legally bound by this Commitment. In signing this Commitment, I am promising the City that I am fully and legally authorized to do so as the owner of the property referenced below. The City is not forcing or pressuring me to sign this Commitment or the related temporary easement; I am doing so voluntarily in order to persuade the City to remove the Trees and Fence at no cost or expense to me. Date: March , 2018 PRINTED NAME OF RESIDENT If 74-- efl ADDRESS OF RESIDENT'S PROPERTY [PRINT PLEASE] 2 28 18 O� J?ALM sA� V N .* f c'Q[►FORN�P March 15, 2018 Dear Resident, amity Of Palm Springs Office of the City Attorney 3200 E. Tahquitz Canyon Way - Palm Springs, California 92262 Tel: 760.323.8205 - Fax: 760.322.8332 - TDD 760.864.9527 - www.paimspringsca.gov The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where 1 can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. 5. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, if you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. if you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. If you have a question about anything in this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question. Very Truly Yours, THE CITY OF PALM SPRINGS Edward Z. Kotkin City Attorney enclosures 2M.18 Post Office Box 2743 - Palm Springs, California 92263-2743 SUBJECT: Tahquitz Creek Golf Course Tamarisk Tree Removals A.P.N.: 681-283-001, Palm Springs, CA 92264 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT The following right -of -entry and temporary construction easement agreement is by and between the City of Palm Springs, a California charter city and municipal corporation, (the "City of Palm Springs"), and Joe Stemmer and Vicky Stemmer (herein referred to as "Grantor"): 1. The right is hereby granted to the City of Palm Springs, together with its contractors and subcontractors hired to assist in Work as defined herein (in the aggregate, "City") to enter upon and use the residential property of Grantor located in the City of Palm Springs, County of Riverside, State of California, described as follows: The westerly 10 feet of the property identified as Assessor's Parcel Number 681- 283-001 (Vacant Property), Palm Springs, CA 92264, (hereinafter referred to as the "Property"). 2. Grantor hereby grants City a right -of -entry and temporary easement necessary to completely remove the existing tamarisk trees located on the Palm Springs' Golf Course adjacent to the Property, including removal of existing fence material located on or adjacent to the Golf Course, (hereinafter referred to as the "Work"). 3. City agrees in connection with the rights granted herein to complete the Work at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Work to the satisfaction of the City. 5. A minimum of five (5) business days' written notice shall be given to Grantor prior to the beginning of City's use of the rights herein granted. 6. It is understood that the City may enter upon the Property where appropriate or designated for the purpose of completing the Work. City agrees to use its best efforts to avoid damaging the Property in the process of completing the Work. In the event damage occurs as a result of City negligence, Palm Springs agrees to repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in a condition, as close as reasonably practicable, to that which existed Page 1 of 3 prior to the City's entry onto the Property, with the exception of the Work completed. 8. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein; and furthermore, Grantor hereby agrees to provide its tenants (if any) of the Property with advance notice of the City's intent to complete the Work, and shall coordinate with its tenants (if any) such that the City's rights contained herein are not restricted. 10. This agreement is the result of negotiations between Palm Springs and Grantor. This agreement is intended by the parties, together with the commitment returned by Grantor to Palm Springs with this agreement ("Commitment"), as a final expression of their understanding with respect to the matters herein, and in addition to the Commitment, is a complete and exclusive statement of the terms and conditions thereof. 11. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 12. With the exception of the Commitment, this agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: B David H. Ready, City Manager APPROVE TO FORM: By: Edward Z. Kotkin, City Attorney AppROVED BY CITY COUNCIL �13 ATTEST: By: 1112 4 hrrt� Anthony >J e'ia> MMC City Clerk Date: -�- 1 L - 1(�2 By By "GRANTOR" Joe Stemmer and Vicky Stemmer j Sign t \1�.J ,n /in e Na (Title �l Y>ry Signature c �L ) M 8 - Pri ted Name/Title Page 3 of 3 Commitment to Waiver and Release �rro� by Lawrence Crossipy Neighborhood Resident 1. Background. A row of tamarisk trees lines the east edge of Fairways #14 and #15 of the Tahquitz Creek "Legends" Golf Course (the "Trees"). There is also a chain link fence located with the Trees (the "Fence"). The City of Palm Springs did not plant the Trees, and it appears that the Trees have been in their location since 1958 or before, and were likely planted and used as a windbreak. No information is available at this time about the origin of the Fence. I am signing this agreement to waiver and release ("Commitment") because I want the City of Palm Springs to remove the Trees and Fence at no cost to me. I understand that the City of Palm Springs has no legal duty to remove the Trees or Fence, but will do so based upon this Commitment and the temporary easement that I return to the City with this Commitment. When the removal of Trees is complete, the City of Palm Springs will try to leave my property in the prior condition it was in to the extent reasonably possible. 2. Waiver and Release. In exchange for the City's promise to remove the Trees and Fence at no cost to me, I am voluntarily, and with an understanding of this Commitment, waiving and releasing any and all of my claims connected in any way to the Trees or Fence (the "Released Claims") against the City of Palm Springs, and also against any and all of its officials, whether elected, appointed or employed, and the City's contractors and sub -contractors hired to assist in removing the Trees (altogether and each, the "City"). I accept that these Released Claims include any of my legal and other rights, demands or actions that I have or might have, to try to recover money from the City, to try to force the City to remove the Trees and Fence, or to take any other action related to the Trees and Fence. I also understand and accept that any claim that the Trees or Fence damaged anything that belongs to me, whether my land or my belongings, prior to my signing this Commitment, is a Released Claim. Similarly, any claim that the Trees or Fence injured or harmed any person on my property prior to my signing this Commitment is a Released Claim. Finally, I know that the removal of the Trees and Fence will impact my property, and leave my home exposed to the golf course and balls that may come from it. Any claim about damage to my land, or anything on it connected to City work during or after the removal of the Trees and Fence (a "Removal Claim"), including any claim related to one or more golf balls entering my property (a "Golf Ball Claim") is a Released Claim. This Commitment does not protect the City against or cover any Removal Claim related to City negligence during the removal of the Trees, but does protect the City against and cover any future Golf Ball Claim. 3. Civil Code Section 1542 Waiver. I understand and agree by that the true facts connected to the "Waiver and Release" above may turn out to be different from the facts that the City and/or I believe at the time of signing this Commitment. l expressly assume the risk of the facts turning out to be different than what they now appear to be, and agree that the "Waiver and Release" above will be effective and not terminated or cancelled because of any such difference in facts. That is why I expressly waive any and all rights I have or may have under California Civil Code section 1542, which provides as follows: Commitment by Lawrence Crossley neighborhood Resident Page 2 of 2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or his favor at the time of executing the release, which if known by him or his must have materially affected his or his settlement with the debtor." (P. M Initials Whenever possible, each part of this Commitment will be effective and valid under applicable law. If a court finds any language in this Commitment invalid or unenforceable, that will not affect the remaining part of this Commitment, which will be interpreted and followed to cant' out the City's intent in requiring this Commitment, and my intent in signing it. The City has informed me that I have the absolute right to review this Commitment, and the temporary easement that I am returning to the City with this Commitment, with my own attorney, if I want to hire one. My signature below indicates that I have spoken with a lawyer if I wanted to do so, and that I understand that I am legally bound by this Commitment. In signing this Commitment, I am promising the City that l am fully and legally authorized to do so as the owner of the property referenced below. The City is not forcing or pressuring me to sign this Commitment or the related temporary easement; 1 am doing so voluntarily in order to persuade the City to remove the Trees and Fence at no cost or expense to me. Date: March t (z, 2018 n jl�� PRINTED NAME OF RESIDENT ADDRESS OF RESIDENT'S PROPERTY [PRINT PLEASE] L,D5�,, �� 5. 4 -3!5 �5C2 7,�k 2.28.28 O� ppLM Sol, ,z V CA March 15, 2018 Dear Resident, City Of Palm Springs Office of the City Attorney 3200 E. Tahquitz Canyon Way - Palm Springs, California 92262 Tel. 760.323.8205 - Fax: 760.322.8332 - TDD 760.864.9527 - www.paimspringsca.gov The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where I can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. 5. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, if you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. If you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. If you have a question about anything in this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question. Very Truly Yours, THE CITY OF PALM SPRINGS Edward Z. Kotkin City Attorney enclosures 2Z.1a Post Office Box 2743 - Palm Springs, California 92263.2743 SUBJECT: Tahquitz Creek Golf Course Tamarisk Tree Removals A.P.N.: 681-283-007; Lot 65 MS 032/044 Crossley Tr RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT The following right -of -entry and temporary construction easement agreement is by and between the City of Palm Springs, a California charter city and municipal corporation, the "City of Palm Springs"), and Jay Zaltzman and Kurt Cyr (herein referred to as "Grantor" 1. The right is hereby granted to the City of Palm Springs, together with its contractors and subcontractors hired to assist in Work as defined herein (in the aggregate, "City") to enter upon and use the residential property of Grantor located in the City of Palm Springs, County of Riverside, State of California, described as follows: The westerly 10 feet of the property identified as Assessor's Parcel Number 681- 283-007, also identified as the property located at Lot 65 MB 032/044 Crossley Tr, (hereinafter referred to as the "Property"). 2. Grantor hereby grants City a right -of -entry and temporary easement necessary to completely remove the existing tamarisk trees located on the Palm Springs' Golf Course adjacent to the Property, including removal of existing fence material located on or adjacent to the Golf Course, (hereinafter referred to as the "Work"). 3. City agrees in connection with the rights granted herein to complete the Work at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Work to the satisfaction of the City. 5. A minimum of five (5) business days' written notice shall be given to Grantor prior to the beginning of City's use of the rights herein granted. 6. 1t is understood that the City may enter upon the Property where appropriate or designated for the purpose of completing the Work. City agrees to use its best efforts to avoid damaging the Property in the process of completing the Work. In the event damage occurs as a result of City negligence, Palm Springs agrees to repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in a condition, as close as reasonably practicable, to that which Page 1 of 3 existed prior to the City's entry onto the Property, with the exception of the Work completed. 8. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein; and furthermore, Grantor hereby agrees to provide its tenants (if any) of the Property with advance notice of the City's intent to complete the Work, and shall coordinate with its tenants (if any) such that the City's rights contained herein are not restricted. 10. This agreement is the result of negotiations between Palm Springs and Grantor. This agreement is intended by the parties, together with the commitment returned by Grantor to Palm Springs with this agreement ("Commitment"), as a final expression of their understanding with respect to the matters herein, and in addition to the Commitment, is a complete and exclusive statement of the terms and conditions thereof. 11. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 12. With the exception of the Commitment, this agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY„ City of Palm Springs f Date: 1 B . David H. Ready, City Manager APPROVED AS TO FORM: By: (�: Edward Z. Kotkin, City Attorney APPROVED 8Y MY COUNCIL. A • u Alm ATTEST: i4�4An hony J Mejia, MMC C City Clerk "GRANTOR" Jay Zaltzman and Kurt Cyr Date: 311906 By: LL..j —12-2f — ignature JAV Zal+z Printe am By: nted Na Page 3 of 3 t4nu�,� a Commitment to Waiver and Release by Lawrence Crossley Neighborhood Resident 1. Background. A row of tamarisk trees lines the east edge of Fairways #14 and #15 of the Tahquitz Creek "Legends" Golf Course (the "Trees"). There is also a chain link fence located with the Trees (the "Fence"). The City of Palm Springs did not plant the Trees, and it appears that the Trees have been in their location since 1958 or before, and were likely planted and used as a windbreak. No information is available at this time about the origin of the Fence. I am signing this agreement to waiver and release ("Commitment") because I want the City of Palm Springs to remove the Trees and Fence at no cost to me. I understand that the City of Palm Springs has no legal duty to remove the Trees or Fence, but will do so based upon this Commitment and the temporary easement that I return to the City with this Commitment. When the removal of Trees is complete, the City of Palm Springs will try to leave my property in the prior condition it was in to the extent reasonably possible. 2. Waiver and Release. In exchange for the City's promise to remove the Trees and Fence at no cost to me, I am voluntarily, and with an understanding of this Commitment, waiving and releasing any and all of my claims connected in any way to the Trees or Fence (the "Released Claims") against the City of Palm Springs, and also against any and all of its officials, whether elected, appointed or employed, and the City's contractors and sub -contractors hired to assist in removing the Trees (altogether and each, the "City"). I accept that these Released Claims include any of my legal and other rights, demands or actions that I have or might have, to try to recover money from the City, to try to force the City to remove the Trees and Fence, or to take any other action related to the Trees and Fence. I also understand and accept that any claim that the Trees or Fence damaged anything that belongs to me, whether my land or my belongings, prior to my signing this Commitment, is a Released Claim. Similarly, any claim that the Trees or Fence injured or harmed any person on my property prior to my signing this Commitment is a Released Claim. Finally, I know that the removal of the Trees and Fence will impact my property, and leave my home exposed to the golf course and balls that may come from it. Any claim about damage to my land, or anything on it connected to City work during or after the removal of the Trees and Fence (a "Removal Claim"), including any claim related to one or more golf balls entering my property (a "Golf Ball Claim") is a Released Claim. This Commitment does not protect the City against or cover any Removal Claim related to City negligence during the removal of the Trees, but does protect the City against and cover any future Golf Ball Claim. 3. Civil Code Section 1542 Waiver. I understand and agree by that the true facts connected to the "Waiver and Release" above may turn out to be different from the facts that the City and/or I believe at the time of signing this Commitment. I expressly assume the risk of the facts turning out to be different than what they now appear to be, and agree that the 'Waiver and Release" above will be effective and not terminated or cancelled because of any such difference in facts. That is why l expressly waive any and all rights I have or may have under California Civil Code section 1542, which provides as follows: Commitment by Lawrence Crossley Neighborhood Resident Page 2 of 2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or his favor at the time of executing the release, which if known by him or his must have materially affected his or his settlement with the debtor." Whenever possible, each part of this Commitment will be effective and valid under applicable law. If a court finds any language in this Commitment invalid or unenforceable, that will not affect the remaining part of this Commitment, which will be interpreted and followed to carry out the City's intent in requiring this Commitment, and my intent in signing it. The City has informed me that I have the absolute right to review this Commitment, and the temporary easement that I am returning to the City with this Commitment, with my own attorney, if I want to hire one. My signature below indicates that I have spoken with a lawyer if I wanted to do so, and that I understand that I am legally bound by this Commitment. In signing this Commitment, I am promising the City that I am fully and legally authorized to do so as the owner of the property referenced below. The City is not forcing or pressuring me to sign this Commitment or the related temporary easement; I am doing so voluntarily in order to persuade the City to remove the Trees and Fence at no cost or expense to me. Date: March 1�, 2018 lint, 7- /t z,M p s-. PRINTED NAME OF RESIDPENT '�P S-4 �- wF`E�= G- texts ADDRESS OF RESIDENT'S PROPE [PRINT PLEASE] City of Palm Springs Office of the City Attorney 3200 E. Tahquitz Canyan Way • Palm Springs, Califomia 92262 Tel: 760.323.8205 • Fax: 760.322.8332 • TDD 760.864.9527 • www.paimsprinpca.gov March 15, 2018 Dear Resident, The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where I can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. 5. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, If you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. If you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. If you have a question about anything in this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question. Very Truly Yours, THE CITY OF PALM SPRINGS Edward Z. Kotkin enclosures City Attorney 228.18 Post Office Box 2743 • Palm Springs, California 92263-2743 SUBJECT: Tahquitz Creek Golf Course Tamarisk Tree Removals A.P.N.: 681-283-013; 1929 Lawrence Street, Palm Springs, CA 92264 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT The following right -of -entry and temporary construction easement agreement is by and between the City of Palm Springs, a California charter city and municipal corporation, (the "City of Palm Springs"), and Fidel Duran and Maria Yolanda Duran (herein referred to as "Grantor"); 1. The right is hereby granted to the City of Palm Springs, together with its contractors and subcontractors hired to assist in Work as defined herein (in the aggregate, "City") to enter upon and use the residential property of Grantor located in the City of Palm Springs, County of Riverside, State of California, described as follows: The westerly 10 feet of the property identified as Assessor's Parcel Number 681- 283-013, also identified as the property located at 1929 Lawrence Street, Palm Springs, CA 92264, (hereinafter referred to as the "Property"). 2. Grantor hereby grants City a right -of -entry and temporary easement necessary to completely remove the existing tamarisk trees located on the Palm Springs' Golf Course adjacent to the Property, including removal of existing fence material located on or adjacent to the Golf Course, (hereinafter referred to as the "Work"). 3. City agrees in connection with the rights granted herein to complete the Work at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Work to the satisfaction of the City. 5. A minimum of five (5) business days' written notice shall be given to Grantor prior to the beginning of City's use of the rights herein granted. 6. It is understood that the City may enter upon the Property where appropriate or designated for the purpose of completing the Work. City agrees to use its best efforts to avoid damaging the Property in the process of completing the Work. In the event damage occurs as a result of City negligence, Palm Springs agrees to repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in a condition, as close as reasonably practicable, to that which Page 1 of 3 existed prior to the City's entry onto the Property, with the exception of the Work completed. 8. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein; and furthermore, Grantor hereby agrees to provide its tenants (if any) of the Property with advance notice of the City's intent to complete the Work, and shall coordinate with its tenants (if any) such that the City's rights contained herein are not restricted. 10. This agreement is the result of negotiations between Palm Springs and Grantor. This agreement is intended by the parties, together with the commitment returned by Grantor to Palm Springs with this agreement ("Commitment"), as a final expression of their understanding with respect to the matters herein, and in addition to the Commitment, is a complete and exclusive statement of the terms and conditions thereof. 11. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 12. With the exception of the Commitment, this agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: By. David H. Ready, City Manager APPROVE TO FORM: By. Edward Z. Kotkin, City Attorney APPROVED 13Y C COUNCIL �• Lim ATTEST: By: Pf Ant ony J Mejuia, MMC eft "err-- City Clerk "GRANTOR" Fidel Duran and Maria Yolanda Duran Date: By: IZ vc.� Signature �r A,-/? nv2,rin, �74L/ re&,, Prin ed Naeff ti By: f'ya"'. , o coi /f 11�� -- Signature ucc ri Ck `f o (&f rift am" Printed Name/Title Page 3 of 3 a Y � �. Commitment to Waiver and Release �41roby Lawrence Crossley Nelahborhood Resident 1. Background. A row of tamarisk trees lines the east edge of Fairways #14 and #15 of the Tahquitz Creek "Legends" Golf Course (the "Trees"). There is also a chain link fence located with the Trees (the "Fence"). The City of Palm Springs did not plant the Trees, and it appears that the Trees have been in their location since 1958 or before, and were likely planted and used as a windbreak. No information is available at this time about the origin of the Fence. I am signing this agreement to waiver and release ("Commitment") because I want the City of Palm Springs to remove the Trees and Fence at no cost to me. I understand that the City of Palm Springs has no legal duty to remove the Trees or Fence, but will do so based upon this Commitment and the temporary easement that I return to the City with this Commitment. When the removal of Trees is complete, the City of Palm Springs will try to leave my property in the prior condition it was in to the extent reasonably possible. 2. Waiver and Release. In exchange for the City's promise to remove the Trees and Fence at no cost to me, I am voluntarily, and with an understanding of this Commitment, waiving and releasing any and all of my claims connected in any way to the Trees or Fence (the "Released Claims") against the City of Palm Springs, and also against any and all of its officials, whether elected, appointed or employed, and the City's contractors and sub -contractors hired to assist in removing the Trees (altogether and each, the "City"). I accept that these Released Claims include any of my legal and other rights, demands or actions that I have or might have, to try to recover money from the City, to try to force the City to remove the Trees and Fence, or to take any other action related to the Trees and Fence. I also understand and accept that any claim that the Trees or Fence damaged anything that belongs to me, whether my land or my belongings, prior to my signing this Commitment, is a Released Claim. Similarly, any claim that the Trees or Fence injured or harmed any person on my property prior to my signing this Commitment is a Released Claim. Finally, I know that the removal of the Trees and Fence will impact my property, and leave my home exposed to the golf course and balls that may come from it. Any claim about damage to my land, or anything on it connected to City work during or after the removal of the Trees and Fence (a "Removal Claim"), including any claim related to one or more golf balls entering my property (a "Golf Ball Claim") is a Released Claim. This Commitment does not protect the City against or cover any Removal Claim related to City negligence during the removal of the Trees, but does protect the City against and cover any future Golf Ball Claim. 3. Civil Code Section 1542 Waiver. I understand and agree by that the true facts connected to the "Waiver and Release" above may turn out to be different from the facts that the City and/or I believe at the time of signing this Commitment. l expressly assume the risk of the facts turning out to be different than what they now appear to be, and agree that the 'Waiver and Release" above will be effective and not terminated or cancelled because of any such difference in facts. That is why 1 expressly waive any and all rights I have or may have under California Civil Code section 1542, which provides as follows: Commitment by Lawrence Crossley Neighborhood Resident Page 2 of 2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or his favor at the time of executing the release, which if known by him or his must have materially affected his or his settlement with the debtor." r. 1) 5 My Initials Whenever possible, each part of this Commitment will be effective and valid under applicable law. if a court finds any language in this Commitment invalid or unenforceable, that will not affect the remaining part of this Commitment, which will be interpreted and followed to carry out the City's intent in requiring this Commitment, and my intent in signing it. The City has informed me that I have the absolute right to review this Commitment, and the temporary easement that I am returning to the City with this Commitment, with my own attorney, if I want to hire one. My signature below indicates that I have spoken with a lawyer if I wanted to do so, and that I understand that I am legally bound by this Commitment. In signing this Commitment, I am promising the City that I am fully and legally authorized to do so as the owner of the property referenced below. The City is not forcing or pressuring me to sign this Commitment or the related temporary easement; I am doing so voluntarily in order to persuade the City to remove the Trees and Fence at no cost or expense to me. Date: March , 2018 An �C9 I-A,%-JA (]�2 0ti PRINTED NAME OF RESIDENT G vl-� IGNATURE OF RESIDENT 2� L A w2L=tiC1= I pp ADDRESS OF RESIDENT'S PROPERTY [PRINT PLEASE] 2.215,18 04►FORM March 15, 2018 Dear Resident, City of Palm Springs Office of the City Attorney 3200 E. Tahquitz Canyon Way - Nlm Springs, California 92262 Tel: 760.323.8205 - Fax: 760.322.8332 - TDD 760.864.9527 - www.paimspringsca.gov The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where I can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. S. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, if you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. If you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. if you have a question about anything in this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question. Very Truly Yours, THE CITY OF PALM SPRINGS Edward Z. Kotkin City Attorney enclosures 2M18 Post Office Box 2743 - Palm Springs, California 92263-2743 SUBJECT: Tahquitz Creek Golf Course Tamarisk Tree Removals A.P.N.: 681-490-002; 6300 Bolero Road, Palm Springs, CA 92264 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT The following right -of -entry and temporary construction easement agreement is by and between the City of Palm Springs, a California charter city and municipal corporation, (the "City of Palm Springs"), and PALM SPRINGS INV. CO., (herein referred to as "Grantor"); 1. The right is hereby granted to the City of Palm Springs, together with its contractors and subcontractors hired to assist in Work as defined herein (in the aggregate, "City") to enter upon and use the Palm Springs Inv. Co Jal property of Grantor located in the City of Palm Springs, County of Riverside, State of California, described as follows: The westerly 10 feet of the property identified as Assessor's Parcel Number 681- 490-002, also identified as the property located at, 6300 Bolero Road Palm Springs, CA 92264, (hereinafter referred to as the "Property"). 2. Grantor hereby grants City a right -of -entry and temporary easement necessary to completely remove the existing tamarisk trees located on the Palm Springs' Golf Course adjacent to the Property, including removal of existing fence material located on or adjacent to the Golf Course, (hereinafter referred to as the "Work"). 3. City agrees in connection with the rights granted herein to complete the Work at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Work to the satisfaction of the City. 5. A minimum of five (5) business days' written notice shall be given to Grantor prior to the beginning of City's use of the rights herein granted. 6. It is understood that the City may enter upon the Property where appropriate or designated for the purpose of completing the Work. City agrees to use its best efforts to avoid damaging the Property in the process of completing the Work. In the event damage occurs as a result of City negligence, Palm Springs agrees to repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in a condition, as close as reasonably practicable, to that which existed Page 1 of 3 existed prior to the City's entry onto the Property, with the exception of the Work completed. B. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein; and furthermore, Grantor hereby agrees to provide its tenants (if any) of the Property with advance notice of the City's intent to complete the Work, and shall coordinate with its tenants (if any) such that the City's rights contained herein are not restricted. 10. This agreement is the result of negotiations between Palm Springs and Grantor. This agreement is intended by the parties, together with the commitment returned by Grantor to Palm Springs with this agreement ("Commitment"), as a final expression of their understanding with respect to the matters herein, and in addition to the Commitment, is a complete and exclusive statement of the terms and conditions thereof. 11. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 12. With the exception of the Commitment, this agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: By' David H. Ready, City Manager APPROV TO FORM: By: Edward Z. Kotkin, City Attorney APPROVED BY CITY COUNCIL �..no ATTEST: By:1?�wtkj'AA• 804kj CAI � �� JW'A'nYbny J Mejia, MMC City Clerk "GRANTOR" Palm Springs Inv. Co. Date: DLO 06 By: Signature Printed Namerritle By: Signature Printed Name/Title Page 3 of 3 Y Commitment to Waiver and Release by Lawrence Crossley Neighborhood Resident 1. Background. A row of tamarisk trees lines the east edge of Fairways #14 and #15 of the Tahquitz Creek "Legends" Golf Course (the "Trees"). There is also a chain link fence located with the Trees (the "Fence"). The City of Palm Springs did not plant the Trees, and it appears that the Trees have been in their location since 1958 or before, and were likely planted and used as a windbreak. No information is available at this time about the origin of the Fence. I am signing this agreement to waiver and release ("Commitment") because 1 want the City of Palm Springs to remove the Trees and Fence at no cost to me. I understand that the City of Palm Springs has no legal duty to remove the Trees or Fence, but will do so based upon this Commitment and the temporary easement that I return to the City with this Commitment. When the removal of Trees is complete, the City of Palm Springs will try to leave my property in the prior condition it was in to the extent reasonably possible. 2. Waiver and Release. In exchange for the City's promise to remove the Trees and Fence at no cost to me, I am voluntarily, and with an understanding of this Commitment, waiving and releasing any and all of my claims connected in anyway to the Trees or Fence (the "Released Claims") against the City of Palm Springs, and also against any and all of its officials, whether elected, appointed or employed, and the City's contractors and sub -contractors hired to assist in removing the Trees (altogether and each, the "City"). I accept that these Released Claims include any of my legal and other rights, demands or actions that I have or might have, to try to recover money from the City, to try to force the City to remove the Trees and Fence, or to take any other action related to the Trees and Fence. I also understand and accept that any claim that the Trees or Fence damaged anything that belongs to me, whether my land or my belongings, prior to my signing this Commitment, is a Released Claim. Similarly, any claim that the Trees or Fence injured or harmed any person on my property prior to my signing this Commitment is a Released Claim. Finally, I know that the removal of the Trees and Fence will impact my property, and leave my home exposed to the golf course and balls that may come from it. Any claim about damage to my land, or anything on it connected to City work during or after the removal of the Trees and Fence (a "Removal Claim"), including any claim related to one or more golf balls entering my property (a "Golf Ball Claim") is a Released Claim. This Commitment does not protect the City against or cover any Removal Claim related to City negligence during the removal of the Trees, but does protect the City against and cover any future Golf Ball Claim. 3. Civil Code Section 1542 Waiver. I understand and agree by that the true facts connected to the "Waiver and Release" above may turn out to be different from the facts that the City and/or I believe at the time of signing this Commitment. l expressly assume the risk of the facts turning out to be different than what they now appear to be, and agree that the "Waiver and Release" above will be effective and not terminated or cancelled because of any such difference in facts. That is why I expressly waive any and all rights I have or may have under California Civil Code section 1542, which provides as follows: Commitment by Lawrence Crossley Neighborhood Resident Page 2 of 2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or his favor at the time of executing the release, which if known by him or his must have materially affected his or his settlement with the debtor." Z� My Initials Whenever possible, each part of this Commitment will be effective and valid under applicable law. If a court finds any language in this Commitment invalid or unenforceable, that will not affect the remaining part of this Commitment, which will be interpreted and followed to carry out the City's intent in requiring this Commitment, and my intent in signing it. The City has informed me that I have the absolute right to review this Commitment, and the temporary easement that I am returning to the City with this Commitment, with my own attorney, if I want to hire one. My signature below indicates that I have spoken with a lawyer if I wanted to do so, and that I understand that I am legally bound by this Commitment. In signing this Commitment, I am promising the City that I am fully and legally authorized to do so as the owner of the property referenced below. The City is not forcing or pressuring me to sign this Commitment or the related temporary easement; I am doing so voluntarily in order to persuade the City to remove the Trees and Fence at no cost or expense to me. Date: April 2018 tv� c-,, /, Fr --j e- PRINTED NAME OF RESIDENT -box SIGNATURE OF RESIDENT 6 7 v l s+,�, De, 0 e,5+2 ADDRESS OF RESIDENT'S PROPERTY [PRINT PLEASE] 225M City of Palm springs Office of the City Attorney 3200 E. Tahquiu Canyon Way • Palm Springs, CRILfomia 92262 Tel: 760.323.8205 • Fax: 760.322.8332 ■ TDD 760.854.9527 • www.paimspringsca.gov March 15, 2018 Dear Resident, The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where I can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. 5. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, if you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. If you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. If you have a question about anything in this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question. Very Truly Yours, THE CITY OF PALM SPRINGS Edward Z. Kotkin City Attorney enclosures 228618 Post Office Box 2743 • Palm Springs, California 92263-2743 SUBJECT: Tahquitz Creek Golf Course Tamarisk Tree Removals A.P.N.: 681-283-008; 2043 Lawrence Street, Palm Springs, CA 92264 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT The following right -of -entry and temporary construction easement agreement is by and between the Cily of Palm Springs, a California charter city and municipal cor oration the "Cily of Palm Springs"), and Robert Campos Jr. and Howard Archer herein referred to as "Grantor'): The right is hereby granted to the City of Palm Springs, together with its contractors and subcontractors hired to assist in Work as defined herein (in the aggregate, "City') to enter upon and use the residential property of Grantor located in the City of Palm Springs, County of Riverside, State of California, described as follows: The westerly 10 feet of the property identified as Assessor's Parcel Number 681- 283-008, also identified as the property located at 2043 Lawrence Street, Palm Springs, CA 92264, (hereinafter referred to as the "Property"). 2. Grantor hereby grants City a right -of -entry and temporary easement necessary to completely remove the existing tamarisk trees located on the Palm Springs' Golf Course adjacent to the Property, including removal of existing fence material located on or adjacent to the Golf Course, (hereinafter referred to as the "Work"). 3. City agrees in connection with the rights granted herein to complete the Work at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Work to the satisfaction of the City. 5. A minimum of five (5) business days' written notice shall be given to Grantor prior to the beginning of City's use of the rights herein granted. 6. It is understood that the City may enter upon the Property where appropriate or designated for the purpose of completing the Work. City agrees to use its best efforts to avoid damaging the Property in the process of completing the Work. In the event damage occurs as a result of City negligence, Palm Springs agrees to repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in a condition, as close as reasonably practicable, to that which Page 1 or 3 existed prior to the City's entry onto the Properly, with the exception of the Work completed. 8. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein; and furthermore, Grantor hereby agrees to provide its tenants (if any) of the Property with advance notice of the City's intent to complete the Work, and shall coordinate with its tenants (if any) such that the City's rights contained herein are not restricted. 10. This agreement is the result of negotiations between Palm Springs and Grantor. This agreement is intended by the parties, together with the commitment returned by Grantor to Palm Springs with this agreement (Commitment"), as a final expression of their understanding with respect to the matters herein, and in addition to the Commitment, is a complete and exclusive statement of the terms and conditions thereof. 11. This agreement shall not be charged, modified, or amended except upon the written consent of the parties hereto. 12. With the exception of the Commitment, this agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: _ I _ By: . David H. Ready, City Manager APPROVED O FORM: i ' By: Edward Z. Kotkin, City Attorney APPROVED By Cay COUNCIL ATTEST: By: wkya ✓k, ,}�►� An horsy J tgejia, MMC�'- 1 City Clerk Date: Algle04.26, ,20 / g By: By: "GRANTOR" Robert Campos Jr. and Howard Archer Signature 'WAAJ7e.' AWEVZ/ /QOf3�lQ:T � G'A-M 1�S/OI�A.1a2. '�OJr6k � Sign ture poent 7A-Rta A-RLrl�t7�, /QiviJ� Printed Name/Title Page 3 of 3 4� a �.: Commitment to Waiver and Release by Lawrence Crossley Neighborhood Resident 1. Background. A row of tamarisk trees lines the east edge of Fairways #14 and #15 of the Tahquitz Creek "Legends' Golf Course (the "Trees"). There is also a chain link fence located with the Trees (the "Fence"). The City of Palm Springs did not plant the Trees, and it appears that the Trees have been in their location since 1958 or before, and were likely planted and used as a windbreak. No information is available at this time about the origin of the Fence. I am signing this agreement to waiver and release ("Commitment") because I want the City of Palm Springs to remove the Trees and Fence at no cost to me. I understand that the City of Palm Springs has no legal duty to remove the Trees or Fence, but will do so based upon this Commitment and the temporary easement that I return to the City with this Commitment. When the removal of Trees is complete, the City of Palm Springs will try to leave my property in the prior condition it was in to the extent reasonably possible. 2. Waiver and Release. In exchange for the City's promise to remove the Trees and Fence at no cost to me, I am voluntarily, and with an understanding of this Commitment, waiving and releasing any and all of my claims connected in any way to the Trees or Fence (the "Released Claims") against the City of Palm Springs, and also against any and all of its officials, whether elected, appointed or employed, and the City's contractors and sub -contractors hired to assist in removing the Trees (altogether and each, the "City'). I accept that these Released Claims include any of my legal and other rights, demands or actions that I have or might have, to try to recover money from the City, to try to force the City to remove the Trees and Fence, or to take any other action related to the Trees and Fence. I also understand and accept that any claim that the Trees or Fence damaged anything that belongs to me, whether my land or my belongings, prior to my signing this Commitment, is a Released Claim. Similarly, any claim that the Trees or Fence injured or harmed any person on my property prior to my signing this Commitment is a Released Claim. Finally, I know that the removal of the Trees and Fence will impact my property, and leave my home exposed to the golf course and balls that may come from it. Any claim about damage to my land, or anything on it connected to City work during or after the removal of the Trees and Fence (a "Removal Claim"), including any claim related to one or more golf balls entering my property (a "Golf Ball Claim") is a Released Claim. This Commitment does not protect the City against or cover any Removal Claim related to City negligence during the removal of the Trees, but does protect the City against and cover any future Golf Ball Claim. 3. Civil Code Section 1542 Waiver. I understand and agree by that the true facts connected to the "Waiver and Release" above may turn out to be different from the facts that the City and/or I believe at the time of signing this Commitment. I expressly assume the risk of the facts turning out to be different than what they now appear to be, and agree that the "Waiver and Release" above will be effective and not terminated or cancelled because of any such difference in facts. That is why I expressly waive any and all rights I have or may have under California Civil Code section 1542, which provides as follows: Commitment by Lawrence Crossley Neighborhood Resident Page 2 of 2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or his favor at the time of executing the release, which if known by him or his must have materially affected his or his settlement with the debtor." M Whenever possible, each part of this Commitment will be effective and valid under applicable law. If a court finds any language in this Commitment invalid or unenforceable, that will not affect the remaining part of this Commitment, which will be interpreted and followed to carry out the City's intent in requiring this Commitment, and my intent in signing it. The City has informed me that I have the absolute right to review this Commitment, and the temporary easement that I am returning to the City with this Commitment, with my own attorney, if I want to hire one. My signature below indicates that 1 have spoken with a lawyer if I wanted to do so, and that I understand that I am legally bound by this Commitment. In signing this Commitment, I am promising the City that I am fully and legally authorized to do so as the owner of the property referenced below. The City is not forcing or pressuring me to sign this Commitment or the related temporary easement; I am doing so voluntarily in order to persuade the City to remove the Trees and Fence at no cost or expense to me. Date: March 243 , 2018 .�/Axtzm Aeo4a?, PRINTED NAM OF RESIDENT �vf3 ZAIJAZ e 5 5'r. 1pf41 r3PRI J65 CA 9aa 6;1� ADDRESS OF RESIDENT'S PROPERTY [PRINT PLEASE] f213 04 'PALM s1D� u H c'�IIxORN�� March 15, 2018 Dear Resident, City of Palm springs Office of the City Attorney 3200 E. Tahquitz Canyon Way • Palm Springs, California 92262 Tel: 760.32-3.8205 • Fax: 760.322.8332 - TDD 760.864.9527 - www.palmspringsca_gov The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where I can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. 5. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, if you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. If you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. If you have a question about anything in this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question. Very Truly Yours, THE CITY OF PALM SPRINGS Edward Z. Kotkin City Attorney enclosures 2MI8 Post Office Box 2743 - Palm Springs, California 92263-2743 SUBJECT: Tahquitz Creek Golf Course Tamarisk Tree Removals A.P.N.: 681-283-014; 1901 Lawrence Street, Palm Springs, CA 92264 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT The following right -of -entry and temporary construction easement agreement is by and between the City of Palm Springs, a California charter city and municipal corporation, (the "City of Palm Springs"), and Michael Dorsey and Annie May Dorsey (herein referred to as "Grantor"): The right is hereby granted to the City of Palm Springs, together with its contractors and subcontractors hired to assist in Work as defined herein (in the aggregate, "City") to enter upon and use the residential property of Grantor located in the City of Palm Springs, County of Riverside, State of California, described as follows: The westerly 10 feet of the property identified as Assessor's Parcel Number 681- 283-014, also identified as the property located at 1901 Lawrence Street, Palm Springs, CA 92264, (hereinafter referred to as the "Property"). 2. Grantor hereby grants City a right -of -entry and temporary easement necessary to completely remove the existing tamarisk trees located on the Palm Springs' Golf Course adjacent to the Property, including removal of existing fence material located on or adjacent to the Golf Course, (hereinafter referred to as the "Work"). 3. City agrees in connection with the rights granted herein to complete the Work at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Work to the satisfaction of the City. 5. A minimum of five (5) business days' written notice shall be given to Grantor prior to the beginning of City's use of the rights herein granted. 6. It is understood that the City may enter upon the Property where appropriate or designated for the purpose of completing the Work. City agrees to use its best efforts to avoid damaging the Property in the process of completing the Work. In the event damage occurs as a result of City negligence, Palm Springs agrees to repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in a condition, as close as reasonably practicable, to that which Page 1 of 3 existed prior to the City's entry onto the Property, with the exception of the Work completed. 8. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein; and furthermore, Grantor hereby agrees to provide its tenants (if any) of the Property with advance notice of the City's intent to complete the Work, and shall coordinate with its tenants (if any) such that the City's rights contained herein are not restricted. 10. This agreement is the result of negotiations between Palm Springs and Grantor. This agreement is intended by the parties, together with the commitment returned by Grantor to Palm Springs with this agreement ("Commitment"), as a final expression of their understanding with respect to the matters herein, and in addition to the Commitment, is a complete and exclusive statement of the terms and conditions thereof. 11. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 12. With the exception of the Commitment, this agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date:! David H. Ready, City Manager APPROV7�- TO FORM: . By. 9�� Edward Z. Kotkin, City Attorney APPROVED BY CITY COUNCIL f ATTEST: BYAAR1, i hlCT & P� nthony J lejia, MMC WC4evr- City Clerk Date: �// 1 / �%/ LIM "GRANTOR" Michael Dorsey and Annie May Dorsey SOM Signature 10 Printed Name/Tie Signature Avle 171&e �,-rsev Printed Name/Titre Page 3 of 3 Commitment to Waiver and Release by Lawrence Crossley Neighborhood Resident 1. Background. A row of tamarisk trees lines the east edge of Fairways #14 and #15 of the Tahquitz Creek "Legends" Golf Course (the "Trees"). There is also a chain link fence located with the Trees (the "Fence"). The City of Palm Springs did not plant the Trees, and it appears that the Trees have been in their location since 1958 or before, and were likely planted and used as a windbreak. No information is available at this time about the origin of the Fence. I am signing this agreement to waiver and release ("Commitment") because 1 want the City of Palm Springs to remove the Trees and Fence at no cost to me. I understand that the City of Palm Springs has no legal duty to remove the Trees or Fence, but will do so based upon this Commitment and the temporary easement that I return to the City with this Commitment. When the removal of Trees is complete, the City of Palm Springs will try to leave my property in the prior condition it was in to the extent reasonably possible. 2. Waiver and Release. In exchange for the City's promise to remove the Trees and Fence at no cost to me, I am voluntarily, and with an understanding of this Commitment, waiving and releasing any and all of my claims connected in any way to the Trees or Fence (the "Released Claims") against the City of Palm Springs, and also against any and all of its officials, whether elected, appointed or employed, and the City's contractors and sub -contractors hired to assist in removing the Trees (altogether and each, the "City"). l accept that these Released Claims include any of my legal and other rights, demands or actions that I have or might have, to try to recover money from the City, to try to force the City to remove the Trees and Fence, or to take any other action related to the Trees and Fence. I also understand and accept that any claim that the Trees or Fence damaged anything that belongs to me, whether my land or my belongings, prior to my signing this Commitment, is a Released Claim. Similarly, any claim that the Trees or Fence injured or harmed any person on my property prior to my signing this Commitment is a Released Claim. Finally, I know that the removal of the Trees and Fence will impact my property, and leave my home exposed to the golf course and balls that may come from it. Any claim about damage to my land, or anything on it connected to City work during or after the removal of the Trees and Fence (a "Removal Claim"), including any claim related to one or more golf balls entering my property (a "Golf Ball Claim") is a Released Claim. This Commitment does not protect the City against or cover any Removal Claim related to City negligence during the removal of the Trees, but does protect the City against and cover any future Golf Ball Claim. 3. Civil Code Section 1542 Waiver. I understand and agree by that the true facts connected to the "Waiver and Release" above may turn out to be different from the facts that the City and/or I believe at the time of signing this Commitment. I expressly assume the risk of the facts turning out to be different than what they now appear to be, and agree that the 'Waiver and Release" above will be effective and not terminated or cancelled because of any such difference in facts. That is why I expressly waive any and all rights I have or may have under California Civil Code section 1542, which provides as follows: M Commitment by Lawrence Crossley Neighborhood Resident Page 2 of 2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or his favor at the time of executing the release, which if known by him or his must have materially affected his or his settlement with the debtor." 1. My Initials Whenever possible, each part of this Commitment will be effective and valid under applicable law. if a court finds any language in this Commitment invalid or unenforceable, that will not affect the remaining part of this Commitment, which will be interpreted and followed to carry out the City's intent in requiring this Commitment, and my intent in signing it. The City has informed me that I have the absolute right to review this Commitment, and the temporary easement that 1 am returning to the City with this Commitment, with my own attorney, if I want to hire one. My signature below indicates that I have spoken with a lawyer if I wanted to do so, and that I understand that I am legally bound by this Commitment. In signing this Commitment, I am promising the City that 1 am fully and legally authorized to do so as the owner of the property referenced below. The City is not forcing or pressuring me to sign this Commitment or the related temporary easement; I am doing so voluntarily in order to persuade the City to remove the Trees and Fence at no cost or expense to me. Date: March , 2018 cote,G / /-5f PRINTED NAME OF RES DENT SIGNATURE OF SIDENT ADDRESS OF RESIEfENT'SrPROPERTY [PRINT PLEASE] 2.219.18 pf pAl� Spy' za City of Palm Springs " `" Office of the City Attorney « 3200 E. Tahquitz Canyon Way • Nini Springs, California 92262 C 41FoTel: 760.323.8205 • Fax: 760.322.8332 • TDD 760.864.9527 ■ www.paimspringsca.gov 4�N�P March 15, 2018 Dear Resident, The City of Palm Springs is ready to commit money to removing the tamarisk trees and chain link fence behind your home, but cannot do so unless you make a commitment to the City that you will waive claims against the City connected with the trees and fence, and also sign a document that gives the City the permission it needs to do some of the removal work from your property. I've avoided legalese where I can, but this is a legally binding document, and some of its language is simply necessary. From the City's point of view, here's a good summary of the document now presented to you. 1. You understand and agree that the City doesn't have to remove the trees or fence. 2. You're signing this commitment, and the related permission to do tree and fence removal work from your property, to persuade the City to remove the trees and fence at no cost or expense to you. 3. You are NOT waiving any rights about the tree and fence removal process if the City is negligent in that process. 4. You waive claims against the City for problems that have been caused by the trees or fence up to this time, and problems beyond the City's control that may arise during the process of their removal. 5. You waive claims against the City as to golf balls coming on your property once the trees and fence are removed. 6. You agree with the City that even if you and/or we don't have all the facts of this matter, your waiver of claims remains valid. 7. You have the right to review this matter with your own lawyer, if you want one. You have no duty to sign anything or to cooperate with the City in its efforts to remove the trees and fence. If you decline to work with the City, the City may leave the trees behind your home, or some portion of those trees, in place. The fence will be removed. If you have a question about anything in this letter, you may contact my paralegal Veronica Goedhart at (760) 323-8219 and she will address your question. Very Truly Yours, THE CITY OF PALM SPRINGS Edward Z. Kotkin City Attorney enclosures MIS Post Office Box 2743 • Palm Springs, California 92263.2743