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HomeMy WebLinkAbout00033C - PLAZA MOTORS LEASE INDIAN AMADO PLAZA MOTORS, I1C. 40 ACR EIfftff NO. 33 — -- ��s �y _ � '-5 AGREEMENT THIS AGREEMENT, made and eale:red into in the city of P 1m. Springs, C l i J.orniao this ,>%'L,.+ . day of ii.?1.1.-i J.cxy a 19560 by and be't;i sen PLATA ,MOTDRS, _T.11iC a, ^. {;a„�,i�}fOrniEi corporation. Party of the first part hereinafter referred to as " LA1ANO and the CITY OF P.(LK SPRINGS, CALIFORNIA, 1 municipal c000 °at,_on, Party of the second part hereinafter referrer "C�ITTN �.d t0 c7,a " ITT Na T M E 8 SETH7 KEREAS, . LhaA is the lessee of a porti.o.­a of t1la:, cent :L'a7 Nission Indian Allotment kno is as Lot 2; title 7 t to said lot being ]inthe Uil ;oed «4E,l,:E.'3 of ,E>lne'iiCS, ;J?_�:.`: T_i7.0 i'�jl'i�2b.1.2 .`+l G_ -- � allotment � being in Edmund h, Siva; .a minor; mad said portion of Lot, 72 under lease measuring two hundred fourteen (2Q) feet re�9terly frolb Tndlizz AveiTuo and one: hundred eighty-W (182) feet along Indian jiv nue .[,:om the nCrtl_n West cornet of said Lot 723 and e,ri?EREASa PLAZA has desired, as a portion of its coil:>truction pl;,ns oil the said leased Land,, to construct a, wall. alsng the ro,t.-norlg line of the above described leasehold interest; and. KHEREAS, the said pla'ined ti rce and ones-17.ol (31) foot masonry - wail till be within pin the proposed right-of-wayof the CI"Ty, said proposed right-of-way being known as "Am :do Road' , ,,aucl is shoorr on the City Zen-, PAT as an easterly extension into Section 14 of l,h.e praq Entl; Amsdo Road; and. (n1F'IIIREAST the CITY desires that such proposed ^igi .-of-; „ be Kept clear of c:orstruc�ion, and the said wall of ".PLAZA „ould e_dend ini;o Lhe aod_d ,proposed, right-of-woy; and THERL^=39 the CITY in ai)pr07Ting the plans of PLUS ' ,' - 1 ceoE, require the removal of the said wail peon Requisition of the proposed right-=ol'rr:'a - for the easterly .a.3:tenSion of Am ado Road into section .P.��." NJ9 THEREFORE, IT IS MUTUALLY AGREED by the parties hereto as follow .- 1, The said masonry wall shall extend into -Una sai.dE proposed right-of-why no further 1'lor,2i and, on a line with he presentnoi."rherl Y wall of that certain building located at the soutlrwesc corner of ,hc i•:,ter- section of Indian Avenne and Amado Road in said City, rfnich said building is now kno,'in as P°Muri ay 7s Marketll, 2, That the said masoi7ry '[call shall not exceed 'three and one-half (312) feet in height,, End shall not exceed tuo hundred fourteen (21t) feet its. length. 3, Should the CITY obtain an casement Or fee in the l lid ;poJi .,h ch the said all is co175 4,.."Anted, t?i.ot within n1.i7C:t;, (90) days ;_f`c�,— notice pl-,acoi in the United. States mails: PLAZA shall; (?) Remove the entire iJ,'.;.Il.j (b) pi,.re, in accordance s7ith the direction of the City Engineer, a half t in the acquired d 7 g k o i n _ no less than too hundred :fourteen (21t) feet long, ,l.. eighteeneighteen8? feet a;idE, three (3) inci."iEs thick on a prepared Van together ;,ith a conc�^ete curb eight (8) inch vertic,�_ fr)cing Rai_th F aGters, -1- 4, In case PLnZk shall fail to comply -vith the provisions of this aBveem_ont, the CITY may do such work and supply such er Z i•el s fis i,_2 end c'_n,argo l:,ine same against PLAZA, and PLAZA e,,gpxz-,s1y" proml.Sea to p,3,jr CITY for all coots of ork and materials to 'the extent of FIFT 'E'1q 11lJN- TRID DOLLARS 14,500,00), �, It is understood this agreement does not constitute -any grant or transfer of easement, right-of---way, or other z i'A-csres-t is the land or promises concerned. 6, The term of this agreement shall be for a period of iwonc,P-give (25) years, 7, It is understood that, this agreement shall be binding on PLAZA and all successors in interest to the leasehold interest of PLAZA, & It, is further understood that PLAZA shall remain primarily liable for anzf failure to comply with this agreoment during the 25 -Se€u7 period of time set forth herein regardless of transfer of interest in I,he lease or other disposal of property interest by PLAZA at the described site herein. 9, It 7.s tti1"'t<'8eY' understood that 'thE: n'7.g'Ms Of PLAZA s.?nE.1l no -, be changed or diminished by any alteration, addition, or OIIissioin relating to the specifications concerning the ;Pall and street paving, all =7s herein- ;love set forth in Paragraphs 1, 2, 3, 3(a) and 3(b). DAMD at Palm Springs, California, the day .and year above act Sorb;. PLAZA 1`10` ORS' INC,T , _320 f°ornia corporation. ..; ,- W&POV ate seal.) Sour -cv^ Party of the first part. CITY OF PAIdv SPRTWGS, .a nnan._ei-"_s)al coapor.ation, ._._..m.-m.._._._n.`�._..__�...`.RSyor __,-._.,.,_..__...r;.. City of Pam Spring's, California \l ATTEST City Clerk, City of Palm Springs, C ,,lif or ni; Party of the second part, �2, STATE OF CAII[ORNIA ) ss, CouhnY OF' RIVERSIDE ) O, Febru ry 5 :V_ 1956, before me, the iradersigned., ca. Note y Pu l:ic in and for sa1d County and State, persons..t& ;7ppn_aneCl. ,,..r_;'✓ 1 � ` known to me to be the Presidei?inn :end �f�'�S.xT��c'Ir, .,t..�C'�i= / k`ice , kin own 4.._ .... . __.... _ to me to be the Secretary of PLAZA MOTORS, IIVC>, .., California. Corporation, that executed the within instrument, known to me -to be 1,3ae persons who evocuted the within instrument on behalf of the corporation therein n vved, and acknowledged to me that, such corporation executed tl s saane. STTiV�SS my hand and official seal. MINn Iiot ry F-AbEE in and for said (notarial seal) County and Staten STATE OF CALIFORNIA ) ssa C0UNTr1' OF RIVERSIDE ) On 11+,he dey of February, 1956, before me, the undersigned, a Notary Public in and for said County and State, personally appea..red. FLORL(LN G„ BOYD, known to me to be the duly elected. -^nd ,^sting Mayor of 1sie Gi'cy of Palm Springs, California, and LODISE WCARN, knoun to me to be the duly appointed and acting Cady Cork of the City of MIT(, Springs, California, and personally known to me to be the _f_ersons whose names are subscribed to the foregoing_ instrument; and acknowledged that they executed the same for and on behalf of the City of Pg,m Springs, Californiaw Notary :Pixblic n e c or said County and State MINUTE ORDER NO. 48 APPROVING AGREEMENT WITH PLAZA MOTORS , INC. BE IT RESOLVED AND IT IS HEREBY ORDERED that the Mayor and City Clerk shall, on behalf of the City, sign the agreement, approved as to form by the City Attorney, with Plaza Motors, Inc. , as to certain conditions incidental to the location of automobile sales and service building by said Plaza Motors, Inc. , in Corporation's building at 290 North Indian Avenue. -o- I hereby certify that the foregoing is a true copy of Minute Order No. 48, duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on February 8, 1956. S/ LOUISE McCARN City Clerk