HomeMy WebLinkAbout04626 - SPORT CITY 340 NPC ENCROACHMENT APN 513-081-016 Cindy Berardi
From: Carl Sessoms
Sent: Wednesday, September 15, 2010 12:41 PM
To: Cindy Berardi
Subject: RE: Current License?
Joel Mayorga and Amanda Hanna are the current registered owners we have on file.
Account Specialist
3usiness License Division
pity of Palm Springs
320D E.Tahquitz Canyon Way
halm Springs, CA 92282
1BD-323-8289
1BD-322-8344 FAX
arl.Sessnms[�palmsprings-co.gov
Nww.palmsprings-ca.gov
Please note that Pathn Springs City Hall lours are froin 8:00 ana to 6:00 lam :"boon. - Thurs. and we area closed on
Fridays
From: Cindy Berardi
Sent: Wednesday, September 15, 2010 11:33 AM
ro: Carl Sessoms
Subject: RE: Current License?
decided to look at the signature page to see the officer names of the corporation and it shows Rudy and Judy Placentia. Those
aren't the two individuals who have it now right?
_X-rut,y(_119 C...ItrL
ce of the .,..itq
'ity of Palm Springs
'. O. Box 2743
'alm Springs, CA 92262
760) 322-8355
indy.Berardi@palmspringsca.gov
'lease note the office hours for City Nall are Monday-Thursday 8am-6pm, and we are closed on Fridays.
tease consider the environment prior to printing this e-mail. Thank you!
=rom: Carl Sessoms
n11 cinnl n
A$YSV
cue tW-4,
Account Specialist
Business License Division
City of Palm Springs
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
760-323-8289
760-322-8344 FAX
Carl.Sessoms0palmsprings-ca.gov
www.palmsprings-ca.gov
["lease note that Hahn Springs ("ity 11all bourps are from :00 am to 6:00 pm NIon. -- 'hues. and we are closed on
Fridays
From: Cindy Berardi
Sent: Wednesday, September 15, 2010 11:05 AM
To: Carl Sessoms
Subject: Current License?
Hi Carl,
Do you have a license for Sports City, Inc. located at 340 N. Palm Canyon Drive? We have an Outdoor Dining Encroachment
Agreement for them and I don't think they are there any longer. Thank you.
ne:'p[.[t'[.)C.._.iEy C...Je'r"L
O I ic,c Of the C_.ily C.JC,r,�,
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92262
(760) 322-8355
Cindy. Berardi@palms rs� ingsca..gov
Please note the office hours for City Hall are Monday-Thursday 8am-6pm, and we are closed on Fridays.
Please consider the environment prior to printing this e-mail. Thank you!
9/15/2010
Sport City
Outdoor Dining Encroachment
AGREEMENT #4626
11-4-02
FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF PALM SPRINGS
PO Box 2743
Palm Springs, CA 92263-2743
Attn: Engineering Division
City Clerk
Filing Fee Exempt Per Government Code 6103 (For Recorder's Use Only)
OUTDOOR DINING ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT ( "Agreement") is entered into this
14 f4 day of NUt4y g( , 200 Z, by and between Sports City, Inc,
("Applicant") , whose address is 340 Palm Canyon Drive North, Palm
Springs, CA 92262 and the CITY OF PALM SPRINGS, a municipal
corporation ( "City") , whose address is PO Box 2743, 3200 E. Tahquitz
Canyon Way, Palm Springs, CA 92263, Attn: Department of Building and
Safety.
R E C I T A L S :
A. Applicant is the owner of that certain real property located
in the City of Palm Springs, County of Riverside, State of California
commonly known as 340 Palm Canyon Drive North, Palm Springs,
California 92262, (APN 513-081-016) , more particularly described on
Exhibit "A" attached hereto and incorporated herein by reference
("Applicant Property") . 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 described in Exhibit "B"
hereto ( "City Property") .
B. Applicant desires to construct or maintain 6 chairs and 3
tables and 2" diameter brass posts with chain to be placed in the
public right-of-way more specifically described in Exhibit 116" hereto
on the City property (."Encroachment") . City has agreed to grant to
Applicant an encroachment permit ("Permit" ) for the Encroachment in
accordance with Chapter 14 . 16 of the City of Palm Springs Municipal
Code on the condition that Applicant executes this Agreement .-
NOW THEREFORE, the parties hereto agree as follows:
1
1. 0 License. The City hereby grants to Applicant a license
revocable or relocatable with or without cause at any time by the City
to construct and/or maintain the Encroachment upon all of the terms and
conditions of the Permit and this Agreement ("License") .
2 . 0 Covenants.
2 . 1 In General . Applicant hereby agrees to construct,
maintain, relocate and remove the Encroachment in accordance with
Chapter 14 . 16 of the City of Palm Springs Municipal Code, as amended
from time to time.
2 .2 Maintenance. Applicant shall maintain, repair and
replace the Encroachment and the City Property so as to keep the
Encroachment and such area in a neat, clean, first class condition and
in good order and repair, free of weeds, trash and debris at all times.
All tables, chairs, or other items shall be kept in a clean, safe
condition, and shall not be placed in a manner that impedes or prevents
pedestrian traffic. In the event Applicant does not maintain the
Encroachment and the City Property as required herein, the City may
terminate the License as more particularly provided in Section 3 . 0 .
2 .3 Indemnity. Applicant hereby agrees to indemnify and
defend the City, its officers, agents and employees against and to hold
and save each of them harmless from, any and all actions, suits,
claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities (collectively "claims or
, liabilities") that may be asserted or claimed by any person, firm or
entity arising out of or in connection with the location, construction,
maintenance, relocation or removal of the Encroachment, but excluding
such claims or liabilities arising from the sole negligence or willful
misconduct of the City, its officers, agents or employees, who are
directly responsible to City, and in connection therewith:
(a) applicant will defend any action or actions filed in
connection with any of said claims or liabilities and will
pay all costs and expenses, including legal costs and
attorneys ' fees incurred in connection therewith;
(b) applicant will promptly pay any judgment rendered
against the City, its officers, agents or employees for any
such claims or liabilities and Applicant agrees to save and
hold the City, its officers, agents and employees harmless
therefrom;
(c) in the event the City, its officers, agents or employees
is made a party to any action or proceeding filed or
prosecuted against Applicant for such damages or other
claims arising out of the location, construction,
maintenance, relocation or removal of the Encroachment,
2
Applicant agrees to pay the City, its officers, agents or
employees, any and all costs and expenses incurred by the
City, its officers, agents or employees in such action or
proceeding, including, but not limited to, legal costs and
attorneys fees.
2 .4 Covenants Running With the Land. The covenants and
restrictions by Applicant set forth in this Agreement : (a) are made
for the direct benefit of the City Property; (b) will constitute
covenants running with the land and equitable servitudes; (c) will bind
Applicant and every person having any fee, leasehold or other interest
in any portion of the Applicant Property at any time or from time to
time; and (d) will inure to the benefit of the City and every person
having any fee, leasehold or other interest in the City Property at any
time or from time to time.
3 . Insurance.
3 . 1 Insurance Requirement. During the entire term of this
License, Licensee shall 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
insurance shall also provide for and protect the Licensor against
incurring any legal cost in defending claims for alleged loss .
3 .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.
3 .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.
3 .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.
3 . 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
3
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.
4 . 0 Termination. The License is terminable with or without
cause by the City at any time. Applicant shall remove the Encroachment
and restore the City Property to its former condition, at Applicant ' s
sole cost and expense, within thirty (30) days of written notice from
the City. In the event Applicant fails to remove the Encroachment and
restore the City Property within said time period, the City shall have
the right to do so without notice . Applicant shall immediately
reimburse the City for all out of pocket expenses expended to remove
the Encroachment and restore the Property. Said amounts shall accrue
interest from the date expended by the City at the maximum non-usurious
interest rate permitted by law.
5. 0 Miscellaneous .
5 . 1 Notices. Any notice, demand, request, document,
consent, approval, or communication either party desires or is required
to give to the other party or any other person shall be in writing and
either served personally or sent prepaid, first-class mail to the
addresses listed on the first page of this Agreement. Either party may
change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time
personally delivered or in seventy two (72) hours from the time of
mailing if mailed pursuant to this Section 4 . 1 .
5 .2 Attorneys Fees . In any action between the parties
hereto seeking enforcement of this Agreement, or in connection with the
License or the Permit, the prevailing party in such action shall be
entitled to have and to recover from the other party its reasonable
attorneys ' fees and other reasonable expenses in connection with such
action or proceeding in addition to its recoverable court costs.
5 .3 Amendment or Modification. This Agreement may not be
modified or amended except by written agreement executed by the then-
owner of the Applicant Property and the City Property and recorded in
the Office of the County Recorder, County of Riverside, California.
5 .4 Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
5 . 5 Severability. The invalidity or unenforceability of
any provision of this Agreement with respect to a particular party or
set of circumstances shall not in any way affect the validity and
4
enforceability of any other provision hereof or the same provision when
applied to another party or to a different set of circumstances.
5 . 6 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.
5
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first set forth above.
yyS��+ports,✓City, Inc.
,dT � .�
Rud J. Placencia
udy . Placencia
"Applicants"
(APPLICANT MUST HAVE SIGNATURE NOTARIZED)
CITY OF PALM SPRINGS, a
municipal corpoxation
By:
Engineer
SET
"City"
(CITY ENGINEER MUST HAVE SIGNATURE NOTARIZED)
APPROVED AS TO OWNERSHIP & LEGAL
DES`CRRIIP/JTION f
By: / ' 'CL4/Yla lj�C�iYI �'�r
(NOTARY STATEMENTS ON FOLLOWING PAGE)
6
STATE OF CALIFORNIA)
SS.
COUNTY OF RIVERSIDE)
On �`- O�a Z before me, ` L/3iN�� A. , f/✓�1J �J6 T792cf tt b�/�.. ,
date (�
personally appeared sd (.////' Q d- z�R�\� !,C j r�p�,��•.�
& ,,L-O�proved to me o1.4'tX9 basis of satisfactory evidence
to be the persorljwhose name,-9�ubscribed to the��/
o within instrument and gknowledged to me that
0 COMM.#1206984 ELAINE L. WEDEKINDK
executed. the same in authorized capacit and
(� •�„k ENOTARY PUBLIC-CALIFORNIAM that by `�� signature5on the instrument the person
RIVERSIDE COUNTY 0 or the entity upon behalf of which the person5acted,
�4voxx` * COMM.EXP.FES.3,2003
executed the instrument.
(SEAL) WitW my hand and official seal.
ignature of Not ry
STATE OF CALIFORNIA)
SS.
COUNTY OF RIVERSIDE)
� ,/// / //ten I
On E) a � 1� before me, �liCN �(� /✓15lq y6/[ C.
date �^ �/�{� '
personally appeared .1 U.� � y�J-a't (_a' q
L] personally known to me OR cB roved to me on the basis of satisfactory
(�' e whose name is subscribed to the
within instrument and acknowledged to me that he
executed the same in his authorized capacity, and
that by his signature on the instrument the person,
or the entity upon behalf of which the person acted,
executed the instrument.
(SEAL) Witnes y h d official seal.
i natur of Notary
CABBIE RCYVNEY
Commission f 9348457
Notary Public-Caltionain
Riverside County
*Comm.Elq kw Mar26,2006
7
EXHIBIT "A"
LEGAL DESCRIPTION OF OWNER/APPLICANT PROPERTY
The south 50 feet of the west 145 .25 feet of Lot 7, Block 24 of
Townsite of Palm Springs as shown in map Book 9, Page 432 of Maps,
records of the recorder of San Diego County, California.
EXHIBIT "A"
TO OUTDOOR DINING ENCROACHMENT AGREEMENT
9
EXHIBIT "B"
DESCRIPTION OF PUBLIC RIGHT-OF-WAY
That portion of Palm Canyon Drive North dedicated to the public right-
of-way, as shown on/in records of the San Diego County Recorder, Book
9, Page 432 in San Diego County, California and by deed identified as
City of Palm Springs Right-of-way Instrument No. 429 dated June 8, 19G5
in records of the Public Works Department/Engineering Division.
EXHIBIT "B"
TO OUTDOOR DINING ENCROACHMENT AGREEMENT
10
EXHIBIT "C"1 of 2
DEPICTION OF CITY PROPERTY AND ENCROACHMENT
INCLUSIVE OF PERMIT CONDITIONS
20'-0' BUILDING FRONTAGE
EXTERIOR
WALL, TYP.
o
O Z 2' DIA. BRASS
+ O � N EXTERIO5SEATING A POST (6 PLACES)
zo O > CHAIN BARRIER, 0�2 SEE POST
w TYP. ��. ELEV. AND DETS.
_ 6
z III—III—I ail (E) LIGHT
+ '' II I11I1 f (E) TREE WELL 0�9 STANDARD
T Y
m
m
W
W
F NORTH PALM CANYON DRIVE
co
6_
O
J
U
O
F
u PLAN - EXTERIOR SEATING AREA
N
SPORTS CITY BAR AND GRILL, 340 NORTH PALM CANYON DRIVE
EXHIBIT "C" CONT'D. 2 of 2
PERMIT CONDITIONS FOR OUTDOOR DINING
1 . Seating within the new paved area shall be subject to a Land Use
Permit (or amendment to existing LUP) and approval by the
Director of Planning and Zoning prior to installation of any
seating in the newly paved area.
2 . Seating within the new paver area shall be limited to non-
alcoholic beverages and food services only.
3 . To provide adequate pedestrian circulation, each table shall seat
two persons only. Additional seating per table shall require the
approval of the Director of Planning and Building.
4 . Tan, green and terra cotta colors shall be used for all outdoor
furniture.
5 . No additional product advertising shall be permitted on the
outdoor umbrellas .
6 . Outdoor seating areas shall be washed down daily.
7. Outdoor seating within the new paver area shall be permitted for
restaurants or other beverage service uses that have immediate or
direct frontage on Palm Canyon drive in the Center Business
District .
8 . All outdoor furniture shall be set back a minimum of two (2) feet
from the face of curb. Umbrellas shall be properly secured to
prevent any harm as per City of Palm Springs Std. Dwg. 910
(attached) .
9 . All outdoor umbrellas shall be a minimum of 6-1/2 to 7 feet
(installed) in height, measured from sidewalk.
10 . All outdoor furniture on City property shall be removed at the
end of each business day.
11. A minimum width of five (5) feet shall be kept free at all times
for pedestrian traffic along the entire property frontage.
12
Jan-09-03 03: 37P EGCA INSURANCE SERVIINC 408 288 6465 P_01
ACORD,. INSURANCE.INSURANCE. BINDER 0A72002
THIS BINDER 15 A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
PRODUCBR pMC,NoyIaq: COMPANY BINDER S
E G C A INSURANCE SERVICES INC Eea H97EG0ass11
••
GT E I. EFFECTI9B TIME EXMRATION
26S MERIDIAN AVENUE DATE TIME
SUITE 2 11/19/2002 9:00 X 1111912003 M X NOON
SANJOSE CA95126 X TNISBINPERISISWEDTOEXTENDCOVFNAGEINTIIEANOVENAMEDCOMPAW
CODE: SUB CODE: PER EXPIRING POLICY# 1197EGO05611
OVENCY R 0: DESORIPiRNI OF OPE""OKWMHICLEiIPROPERTY 1P,clyglny LvcASvn)
INSURED p0 ar
340 W.Palm Canyon 4rivo
Palm Springs CA 92282
COVERAGES LIMITS
TYPEOFINSUITANOE COVERAGFIFORMS DEDUCTIBLE COINS% AMOUNT
PROPERTY OAI$PS OR LOSS 1
BASIC BROAD SPEC
GENERAL LIABILITY EACH OCCVRKENCE S 1,000,000
X GOMMPRCIALGENERALLIABILITY FIRE DAMAGE(AAyAmbm) S 100,000
rl.AIM3 MADE X OCCUR MEO FXP(AnY"Pnvn) $ 5,000
PERSONAL S ADV INJURY i 1,000,000
GENERALAGGREGATE S 1,000,000
RETRO DATE FOR JLATMS MAtNi rRODUCTA-COMP/OP AGO i 1,000000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT i
ANY AUTO BODILY INJURY IPeI Pvmon) i
ALI OWNEDAU70S BODILY IHJVRY(PVI=jawtt) P
SGMPOVI ED AUTOS PROPERTYDAIMGE S
HIREDAUTOS MEDICAL PAYMENTS B
NON-OWNED AUTOS PERSONAL INJURY PROT i
UNINSURED MOTORIST S
S
AUTO PHYSICAL OAMAOE DDDLICTMLE ALL VEHICLES .SCHBDULEDVENICLFS ACTUAL CASII VAI UE
COI I,ISION: GTATEDAMOUNT S
OTHER THAN COL OTHER
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN AUTO ONI.Y
EACIIAOCIDENT i
AGGREGATE S
EXCEi6 LIABILITY
EACH OCGURNENCE S
UMDREI LA FORM AGGREGATE S
OrHER THAN UMBRELLA FORM RETnO DATE FOR C LAIMS MADE: SELFJNSURED RETENTION S
WC STATUTORY LIMITS
WORKER'S COMPENSATION EL EACH ACCIDENT S
EMPLOYER'S LIABILITY E.l.DISEASE.EACH EMPLOYgM
E.L.OISEASP-POLICYLIMIT i
SPECIAL - FEES i
GOTO.PR'0Nsf ACCORDING TO THE COMPANY'S UNDERWRITING GUIDELINES. TAXES i
' cavERAaEs
ESTINCATCOTOTAI PREMIUM S
NAME 6 ADDRESS
City Of Palm Springs 4 MORTGAGEE X ADDITIONAL INSVREU
LOSS PAYEE
LOAN M
3200 E.Taquitz Canyon
ALRHOMLED REPREBE Wye
Palm Springs CA 92262 (�
ACORD 79.5(1198) NOTE:IMPORTANT STATE INFORMATION ON RE RSE SIDE 0 ACORD CORPORATION 1003
LM LPW YT P S on 4nQ3.ISM by UAnrNanv LP:LPWYT91on IfMB0.T 16:05 eyU PF V10.1