HomeMy WebLinkAbout10/3/2001 - STAFF REPORTS (3) DATE: October 3, 2001
TO: City Council
FROM: City Engineer
ENCROACHMENT LICENSE FOR A FOUNTAIN AND ART WORK AT THE PLAZA
MERCADO
RECOMMENDATION:
That the City Council approve the attached resolution approving an
Encroachment License for John Wessman (subject to final approval of the
license by the City Attorney) that would allow the private
construction/maintenance of a fountain and art work within the City's right-of-
way, located at 151 Palm Canyon Drive South.
SUMMARY:
The applicant, John Wessman, is seeking approval from the City Council of an
encroachment permit that would allow him to construct and maintain a fountain
and art work in the Palm Canyon Drive South right-of-way.
BACKGROUND:
On September 19, 2001, the Community Redevelopment Agency and the City
Council of the City of Palm Springs approved, at a public hearing, the Third
Amendment to a Disposition and Development Agreement with John Wessman
d/b/a Wessman Development Company ("Applicant") allowing Applicant to
construct a Sonny Bono Memorial on his improvements and in the public right-of-
way as a settlement to a liquidated damages dispute.
The granting of the Encroachment License will permit the Licensee to construct
and maintain the above-referenced improvements within the city right-of-way in
accordance with all the terms and conditions set forth in the Encroachment
License. The standard form Encroachment License has been utilized.
DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPRO ED: er
City Manager
d
ATTACHMENTS:
1. Encroachment License.
2. Resolution.
FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF PALM SPRINGS
P.O. Box 2743
Palm Springs, California 92263-2743
Attn: City Clerk
Engineering Division
(For Recorder's Use Only)
ENCROACHMENT LICENSE
(ALL PROPERTIES OTHER THAN INDIVIDUAL RESIDENTIAL PROPERTIES)
THIS ENCROACHMENT LICENSE (the "License") is entered into this 10th
day of October, 2000, by and between John Wessman, ("Licensee") and the
CITY OF PALM SPRINGS, a municipal corporation ("City") .
R E C I T A L S :
A. Licensee is the owner of that certain real property located in
the City of Palm Springs, County of Riverside, State of California
commonly known as 151 Palm Canyon Drive South, (APN 513-143-013 thru
017) , more particularly described on Exhibit "A" attached hereto and
incorporated herein by reference ("Licensee Property") .
B. City is the owner of certain fee and/or easement interests in
that certain real property located in the City of Palm Springs, County
of Riverside, State of California adjacent to the Applicant Property and
more particularly depicted on Exhibit "B" ("City Property") .
C. Licensee desires to construct a fountain and art work which
will encroach on the City property in the location depicted on Exhibit
"B" attached hereto and incorporated herein by reference (the
"Encroachment") .
D. City has agreed to grant to Licensee an encroachment permit
("Permit") for the Encroachment in accordance with Chapter 14 . 16 of the
City of Palm Springs Municipal Code on the condition that Licensee
executes this License.
NOW THEREFORE, the parties hereto agree as follows :
1
1 . 0 License. The City hereby grants a License to Licensee to
construct the Encroachment upon all of the terms and conditions of the
Permit and this License.
2 . 0 Commencement of Construction. Licensee shall commence the
construction of the Encroachment within a reasonable amount of time, in
no event to exceed ninety (90) days following the execution date of this
License. Before beginning any physical work on the Encroachment,
Licensee shall notify the city that will be commenced, at least twenty-
four (24) hours prior to commencement of such work. Licensee shall also
notify the City upon completion of the Encroachment.
3 . 0 Construction of Encroachment. Any structure placed pursuant
to this License shall be constructed in a careful and workmanlike manner
and in accordance with plans and specifications to be submitted to and
approved by the City of Palm Springs Department of Building and Safety
before Licensee commences performance of any work on Licensee commences
performance of any work on Licensee Property.
4 . Maintenance. Licensee shall have the right and obligation to
maintain, repair and replace, at its own cost and expense, the
Encroachment so as to keep the Encroachment area in a neat, clean, first
class condition and in good order and repair, free of trash and debris
at all times . Licensee shall have access across the City Property at
all times while the License is in effect solely for the purposes as
noted in Section 3. In the event that Licensee does not maintain the
Encroachment as required herein, the City will have the option to either
(i) terminate the License as more particularly provided in Section 7 or,
(ii) after giving Licensee reasonable notice, to make such repairs or
perform such maintenance as is required. If City performs the required
repairs and/or maintenance, City will submit a bill to Licensee who will
promptly reimburse City for such work performed.
5 . Erection and Maintenance of Safety Provisions . Licensee
shall, in connection with the construction and maintenance of the
Encroachment, provide, erect, and maintain such lights, barriers,
warning signs or other safeguards as are reasonably necessary to protect
anyone utilizing the City Property for whatever reason. In the event
that the City determines that suitable safeguards are not being
provided, the City may, after reasonable notice to Licensee, provide,
erect and maintain such safeguards . If the City provides the safeguards
pursuant to this Paragraph 5, City shall submit a bill to Licensee, and
Licensee shall immediately reimburse City for such work performed.
6. Indemnity. Licensee hereby agrees to indemnify and defend the
City, its officers, agents and employees against and to hold and save
each of them harmless from, any and all actions, suits, claims, damages
to persons or property, losses, costs, penalties, obligations, errors,
2
3�9 3
omissions or liabilities (collectively "claims or liabilities") that may
be asserted or claimed by any person, firm or entity arising out of or
in connection with the location, construction, maintenance, relocation
or removal of the Encroachment, but excluding such claims or liabilities
arising from the sole negligence or willful misconduct of the City, its
officers, agents or employees, who are directly responsible to City, and
in connection therewith:
(a) Licensee will defend any action or actions filed in
connection with any of said claims or liabilities and will
pay all costs and expenses, including legal costs and
attorneys ' fees incurred in connection therewith;
(b) Licensee will promptly pay any judgment rendered against
the City, its officers, agents or employees for any such
claims or liabilities and Licensee agrees to save and hold
the City, its officers, agents and employees harmless
therefrom;
(c) In the event the City, its officers, agents or employees
is made a party to any action or proceeding filed or
prosecuted against Licensee for such damages or other claims
arising out of the location, construction, maintenance,
relocation or removal of the Encroachment, Licensee agrees to
pay the City, its officers, agents or employees, any and all
costs and expenses incurred by the City, its officers, agents
or employees in such action or proceeding, including, but not
limited to, legal costs and attorneys fees .
7 . Covenants Running With the Land. The covenants and
restrictions by Licensee set forth in this License: (a) are made for
the direct benefit of the City Property; (b) will constitute covenants
running with the land and equitable servitudes; (c) will bind Licensee
and every person having any fee, leasehold or other interest in any
portion of the Licensee Property at any time or from time to time; and
(d) will inure to the benefit of the City and every person having any
fee, leasehold or other interest in the City Property at any time or
from time to time.
8 . Insurance.
8 . 1 Insurance Requirement. During the entire term of this
License, Licensee agrees to procure and maintain public liability and
property damage insurance, at its sole expense, in an amount not less
than ONE MILLION DOLLARS ($1, 000, 000) combined single limit, insuring
against all liability of Licensee and its authorized representatives
arising out of and in connection with the Encroachment or Licensee ' s use
of the Encroachment. Such public liability and property damage
3
3A �
insurance shall also provide for and protect the Licensor against
incurring any legal cost in defending claims for alleged loss .
8 . 2 Primary Policy; Additional Insured. All such insurance
as required by this Section 6 shall be primary insurance and shall name
the City as additional insured.
8 . 3 Insurance Increase. Not more frequently than one (1)
time every three (3) years, if, in the opinion of the City Manager or
the City' s insurance broker, the amount of public liability and property
damage insurance coverage at that time is not adequate, the City Manager
may require modifications to this coverage .
8 . 4 Insurance Company. All insurance required under this
Section 8 shall be issued by an insurance company authorized to do
business in the State California, with a financial rating of at least A-
3A status as rated in the most recent edition of Best ' s Insurance
Reports or such comparable report should Best ' s Insurance Reports no
longer be available.
8 . 5 Modification or Cancellation of Policy. All insurance
required pursuant to this Section 8 shall contain an endorsement
requiring thirty (30) days written notice from the insurance company to
both parties before cancellation or change in the coverage, scope, or
amount of any policy. Each policy, or a certificate of the policy,
together with evidence of the payment of premiums, shall be deposited by
Licensee with the City at the commencement of the term, and on a renewal
policy not less than twenty (20) days before expiration of the term of
the policy.
9 . Termination. This License is terminable at such time when the
City reasonably determines that the City Property or any part thereof
will be used for a purpose which is nonconductive to the Encroachment,
including but not limited to, construction, reconstruction or
maintenance of the City Property. Upon making such determination, City
shall give notice to Licensee that the License is thereby terminated
(the "Termination Notice") . Upon termination of the Encroachment,
Licensee shall remove the Encroachment and restore the City Property to
its former condition, at Licensee ' s sole cost and expense, within ninety
(90) days following the Termination Notice. In the event Licensee fails
to remove the Encroachment and restore the City Property within said
time period, the City shall have the right to do so without notice to
the Licensee by the City. Licensee shall immediately reimburse the City
for all out of pocket expenses which were expended in order to remove
the encroachment and restore the City Property. Said amounts shall
accrue interest from the date expended by the City at the maximum legal
rate of interest.
4
340
10 . Notices. Any notice, demand, request, document, consent,
approval, or communication either party desires or is required to be
given under the provisions of this License shall be in writing and
either served personally or sent prepaid, first-class mail to the
following address :
To City: City of Palm Springs
PO Box 2743
Palm Springs, CA 92263-2743
Attn: Engineering Department
Planning and Building Department
With Copy to: Burke, Williams and Sorenson
18301 Von Karman Ave,m Ste. 1050
Irvine, CA 9212-1009
Attn: David J. Aleshire, Esq.
Licensee: John Wessman
C/O Wessman Development Company
1555 South Palm Canyon Drive
Palm Springs, CA 92264
Either party may change its address from time to time by notifying the
other party of the change of address in writing. Notice shall be deemed
communicated at the time personally delivered or in seventy-two (72)
hours from the time of mailing if mailed pursuant to this Section 10 .
11 . Attorneys Fees. In any action between the parties hereto
seeking enforcement of this License, or in connection with the License
or the Permit, the prevailing party in such action shall be entitled to
have and to recover from the other party its reasonable attorneys ' fees
and other reasonable expenses in connection with such action or
proceeding in addition to its recoverable court costs .
12 . Successors and Assigns. All rights and obligations created by
this License shall be appurtenant to and shall run with the License
Property and the City Property and each part thereof and interest
thereon, and shall be binding upon the owners of the Licensee Property
and its respective successors and assigns acquiring any right, title and
interest in the Licensee Property.
13 . Amendment or Modification. This License may not be modified
or amended except by written agreement executed by the then-owner of the
Licensee Property and the City Property and recorded in the Office of
the County Recorder, County of Riverside, California.
14 . Governing Law. This License shall be governed by and
construed in accordance with the laws of the State of California.
5
3� G
15 . Severability. The invalidity or unenforceability of any
provision of this License with respect to a particular party or set of
circumstances shall not in any way affect the validity and
enforceability of any other provision hereof or the same provision when
applied to another party or to a different set of circumstances .
16. Recordation. This License shall be recorded in the office of
the County Recorder, Riverside County, California, and it shall serve as
notice to all parties succeeding to the interest of Licensee or the city
that their use of the Licensee Property and the City Property shall be
benefitted and/or restricted in the manner herein described.
17 . Counterparts. This License may be executed in any number of
counter parts, each of which shall constitute an original .
6
347
IN WITNESS WHEREOF, the parties have executed this Agreement as
of the date first set forth above .
"LICENSEE"
5),J"clh�nw
sman President
(Licensee shall have signature notarized)
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
Rutan & Tucker
City Attorney
APPROVED BY CITY COUNCIL:
By:
Its :
Resolution No. :
STATE OF CALIFORNIA)
SS .
COUNTY OF RIVERSIDE)
On j/-.` %-e o before me, 4A/2,, Z 1e9,*1 b <Zcj ry i�cie
Date /
Notary Public, personally appeared 'F L Z/1 rnfas J _ /tom
personally known to me 8i o p�ovedt-o-me-on-the .basis of
sa-t�-s-f-ac--to-r-y--€zidenc-e-#-G-.be the person (sr
whose name ((/) Co)/are subscribed to the
withi>�nstrument and acknowledged to me
tt�. t within
-e?she/they executed the same in
is�her/their authorized capacity{-6es} ,
and that by<!M�3-yher/their signature (8) on
the instrument the person (`) , or the
entity upon behalf of which the person (,,91
•.
ELAINEL.WEDEKINDg acted, executed the instrument .
COMM.#12069E4
.r NOTARY PUBLIC-CALIFORNIA WITNESS m hand d official seal .
* RIVERSIDE COUNTY
my an o _
it COMM.EXP.FEB...3�
NOTARY' S SIGNATURE
(SEAL)
STATE OF CALIFORNIA)
SS .
COUNTY OF RIVERSIDE)
On before me,
date
Notary Public, personally appeared ❑
personally known to me OR ❑ proved to me on the basis of
satisfactory evidence to be the person (s)
whose name (s) is/are subscribed to the
within instrument and acknowledged to me
that he/she/they executed the same in
his/her/their authorized capacity (ies)
and that by his/her/their signature (s) on
the instrument the person (s) , or the
entity upon behalf of which the person (s)
acted, executed the instrument .
WITNESS my hand and official seal .
NOTARY' S SIGNATURE
(SEAL)
EXHIBIT "A"
DESCRIPTION OF LICENSEE PROPERTY
Parcel 2 as shown by Parcel Map No. 27774 on file in Book 190,
Page 57 and 58 of Parcel Maps, records of Riverside County,
California.
3�io
EXHIBIT "B"
DEPICTION OF CITY PROPERTY AND ENCROACHMENT
7.
PALM CANYON DR
i
r '
o
l
i
� e
OF PALM Sp .
City of Palm Springs
Prin
* * Department of Planning& Building
* N�oF✓OFP1E0193 * 3200 Ta6qutz Canyon Way • Palm Springs,California 92262
/FO TEL (760)323-8245 •FAX(760)322-8360 •TDD(760)864-9527 RC\
AFFIDAVIT OF POSTING
I,the undersigned, the Planning Manager for the City of Palm Springs, California, do hereby certify
that a copy of the Notice of Intention for the Planning Commission to consider changing the name
of Spoon Road to Boulder Road(Case No.5.0884). As shown in Exhibit"A"(attached),was posted
in three (3) locations (as indicated on Exhibit "A"), on August 8, 2001. A copy of said notice is
attached hereto.
Dated at Palm Springs, California, this 81h day of August, 2001.
Hope V. Sullivan
Planning Manager
Planning Division
City of Palm Springs
California
Post Office Box 2743 0 Palm Springs, California 92263-2743
SIN-11,
681 -36 TRA. //o5
FOR. NE//4, SEC. 29., T.4S.,R.5E.
G:ALP..aL RIME /-�/Orr A•5,0rITf0 T.,Y.6'. C /GIrpPlS/ A P(fYlrj$'/MC PJ
AT A Or TiE w( PPE .�t
IiNJ OF Tnl ,/i[�"�• .i, (�,y "" I
LLVIpY ATE,, LOT% EKW WT HAS A LDr. R'l r M PR• lil
:K 211IMM' ATE/ 1�� 1 r J
•;, �1 1/1�/1m S� �S
50, N'K e
�p01 _. O T
r r r
= r _
s Er '�, I ' F• c
O
1 , r I `�� / A
O/MES/ONED FLOOR RAN ('*A/d
27 0 ow z
O O O A I C ,
r/ / '• r 4
A � 1 \ Sre QraW MaYAGc.1 J 1 (rky'�l _�Iu_ , ,•,
� , I 1 I]Mn Arst TjrmY/ / I ,t_,r ` — r � • / - y r'• .•�• 'L
it
L0T 1`
801-CRO - r vl DRIVE �I� lQ /
t8_ Poi trsu z/sA - - C •o • r7 .S 4 c
/ .�+rqr City Lm/Is Lme
o.re ac r. wflr:. �t + s "u• L1�` O E - •= C
r. f J rr • S • ,_ • 'r /1j l -ems. .d ; P `�
� »
.,. Pmf Ma 4/W 4668/as.n(c.M.a 5144-6,56)
f.4flE'NSKiVED fL0.77 fiAN L1�TAL O4 ,•" O rlrl ers rirr.rr
]ICI Dti1F116'KW€D fLGg4 RAN A�7A/L 3 LWIENS/Q1E0 FLOOR PLAN DETAIL 2O
1 uur •<• Aaw s.r+n sure 36 r",.• /sse=o
L- Fc /5s 36 sour /'•x-r-
A$ R-SAC NAP BC PG 35
Y_TRSLE 36
R/ Lp/y)y G441LL/F
PALM SPRINGS PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
NOTICE OF INTENTION
WHEREAS the Planning Commission of the City of Palm Springs has received an application to
hold a public hearing to consider a street name change for Spoon Road; and
WHEREAS the Planning Commission of the City of Palm Springs considered said request at its
meeting of July 11, 2001; and
WHEREAS the Planning Commission has recommended the adoption of the Resolution of Intention.
NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby approve a
Resolution of Intention to consider changing the name of Spoon Road to Boulder Road or other
street name that the Commission deems appropriate at a public hearing on August 22, 2001.
ADOPTED by the Planning Commission on this 11`h day of July, 2001, by the following vote:
AYES: Matthews, Payne, Caffrey, Shoenberger, Jurasky, Klatchko, Raya
NOES:
ABSENT:
ATTEST:
Se re Planning Commission Chairman, P an ing Commission
Publish: August 6, 2001
Post: August 10, 2001
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA,APPROVING A REQUEST FOR
AN ENCROACHMENT LICENSE FOR JOHN WESSMAN
TO ALLOW THE CONSTRUCTION AND MAINTENANCE
OF A FOUNTAIN AND ART WORK, WITHIN THE CITY'S
RIGHT-OF-WAY LOCATED AT 151 PALM CANYON
DRIVE SOUTH, C-B-D ZONE, SECTION 15, T 4 S, R 4 E.
WHEREAS, on September 19, 2001, the Community Redevelopment Agency and the
City Council of the City of Palm Springs approved, at a public hearing, the Third
Amendment to a Disposition and Development Agreement with John Wessman d/b/a
Wessman Development Company("Applicant")allowing Applicant to construct a Sonny
Bono Memorial on his improvements and in the public right-of-way as a settlement to a
liquidated damages dispute; and
WHEREAS, John Wessman, ("the applicant") has filed a request for an encroachment
license that would permit him to construct and maintain said fountain and art work,
within the City's right-of-way; and
WHEREAS, the City Council is in agreement that the City of Palm Springs should grant
an Encroachment License to the Licensee in accordance with Chapter 14.16 of the City
of Palm Springs Municipal Code on the conditions that such encroachment is executed
by the licensee.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm
Springs, California, does hereby approve the Encroachment License in the form on file
in the office of the City Clerk to allow an encroachment on the City right-of-way, on the
above referenced improvements.
ADOPTED THIS day of 12001.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
REVIEWED &APPROVED AS TO FORM:
3r�