The URL can be used to link to this page

Home My WebLink About01135 - FERDINAND CARL ROSE COVERED WALKWAY LICENSE MUNI LOT 2 . 21 a 2 Ro§&� Carl - lic agr to constr covered walkway, Muni Lot 2 AGREEMENT #1135 (Original 3-19-75) LICENSE Res 11370, 3-19-75 This license, made and entered into this /9 day of `T)Ia, X , 1975, by and between THE CITY OF PALM SPRINGS, here- inafter called "Licensor", and Carl Rose, hereinafter called "Licensee", WITNESSETH: That Licensor, for valuable consideration and the faithful per- formance by Licensee of all the terms and covenants hereinafter set forth on its part to be performed, does hereby give to Licensee the right to construct, maintain, use, and repair a walkway covering, here- inafter referred to in whole or in part as "structure", at such location upon, across and over a portion of that certain real property owned by Licensor, situated in the County of Riverside, State of California, described as follows: Lots 13 & 14 and the southerly 5 feet of Lot 12 in Block 25 of Palm Springs, as shown on map in Book 9, Page 432 of Maps, Records of San Diego County, California The portion of the aforesaid lands subject to said license, is particularly described as follows: Within the northerly 8! feet of the above described property, beginning at a point approximately fifty (50) feet from the center line of North Palm Canyon Drive and extending approximately sixty-six (66) feet easterly. This license is given upon and subject to the following terms, covenants and conditions: 1. Licensee, his successors and assigns, and his and their res- pective agents and employees, shall have the right and duty to maintain said structure, and shall have free access to said structure and every part thereof, at all times, for purposes of exercising the rights herein granted. 2. Licensee's rights hereunder shall be subject to all valid and existing easements, rights, leases, licenses, reservations and encumbrances whether of record or not affecting said property or any portion thereof. 3. Any structure placed pursuant to this license shall be con- structed in a careful and workmanlike manner and to the satisfaction of Licensor and in accordance with plans and specifications to be submitted to and approved by the City of Palm Springs Building Division before work is commenced. 4. In the event the structure placed hereunder at any time inter- feres with or restricts the reasonable use of the property by Licensor, Licensee shall within sixty (60) days after written notice from Licensor so to do, remove, reconstruct, alter or make changes to said structure in a manner satisfactory to Licensor; however, if pursuant to thispara- graph the structureis required by-Licensor to beremoved; the Licensor- agrees to paya prorata share of the- cost of the structure, based on a- constant declining valueover a 10 year period, of the verified cost of improvement. lip • • License Agreement Page -2- 5. The Licensee agrees to hold harmless and defend the Licensor from liability arising from any action of the Licensee and from any liability arising from injuries or damage to person or property as a result of said structure's existence. The Licensee shall provide and keep in force during the time of this agreement a policy of public liability insurance against liability for injuries to persons or property arising out of accidents attributable to the structure on City property, with limits of at least one-hundred thousand ($100,000) dollars for injury or death to any one person, three- hundred thousand ($300,000) dollars for injury or death arising from any one accident or occurrence, and ten-thousand ($10,000) dollars for property damage. The policy of insurance so provided shall contain a statement naming the Licensor as co-insured and shall contain a provision that such policy may not be cancelled except after thirty (30) days notice in writing given to the City Clerk of the City of Palm Springs. Copies of these policies or certificates evidencing the same shall be filed with the City Clerk of the City of Palm Springs, after approval of the City Attorney. 6. Except as provided in Paragraph 4. above, this license shall not be revoked so long as said structure pursuant hereto by Licensee is main- tained in a manner satisfactory to the Licensor and is used for the purposes of providing a cover over a walkway used by the public. However, should Licensee cease to use and maintain said structure for said purpose, the Licensor or Licensee may, by giving written notice to such effect to the other in the manner as provided herein, cancel this license and Licensee shall within sixty (60) days after receipt of said notice remove said structure at his sole expense and restore the ground to as near its original condition and appearance as practicable within said period of sixty (60) days. In addition, should Licensee at any time fail to comply with any provision of this license, Licensor may revoke this license and give written notice thereof, and Licensee shall within said sixty (60) day period remove the structure and restore the ground as aforesaid. 7. Licensee agrees that he will not record this license. 8. The notices provided in this license given by either party hereto to the other shall be deemed to have been duly given when made in writing and deposited in the United States mail, registered and postage prepaid, addressed as follows: To Licensor The City of Palm Springs 3200 Tahquitz-McCallum Way Palm Springs, California 92262 Attention: City Manager To Licensee Carl Rose 256 N. Palm Canyon Drive Palm Springs, California 92262 Except as herein otherwise provided, the provisions of this license agreement, shall inure to the benefit of and be binding upon the parties hereto, their successors or assigns. 21 a 3 License Agreement Page -3- 21 a 4 IN WITNESS WHEREOF, said Licensor and said Licensee have caused this instrument to be executed in duplicate by their respective officers or party thereunto duly authorized as the day and year herein first above written, ATT ST CITY OF PALM SPRINGS, CALIFORN �J Deputy City Clerk City �Manager er_- Carl Rose REVIEWED & APPROVED FOR THE PREFERRED RISK i. THE LUMBERMENS MUTUAL INSURANCE COMPANY Mansfield, Ohio Agency GENERAL PURPOSE ENDORSEMENT ?'einga.rten & Hough Attached to Policy No.6O+-QO 00 96 palfft _Sprl ngr;o blt ifornia Date of Policy 9-13-73 Effective Date of Endorsement 3-1r-75 12:00 Noon,Standard Time Name of Insured Carl Rage Sr—Marianna "Rose - - The Following-Corrections-or Changes-are Involved: -- ---- - - -- - --- -- - Li Name of o Effective Premium Mortgagee Mailing Description Insured Dates Adjustment or Payee Address of Property Section B.IL IISIneae Liakbilityx is extended to include City of Palm Springs„ as. additioml insured, ;but solely as respects to Resolution 11370, dated 3-19-75s regarding construction of A Covered ;AlkWay over City--owned property. Due at Endorsement Effective Date: Additional Premium Return Premium p' $ Nil $ Nil Premium adjustment if the Premium is payable in annual installments. k Dates Due Original Installments Increase Decrease Devised lnsiAhnc:ruts Total Premium to — 0 i Policy Expiration $ $ End #?Date.— 7 10-75/imf r-arm E-2 (Rev. 10.74) CERTIFICATE OF INSPRANCE For Package Policy THE LUMBERMENS MUTUAL INSURANCE CO. MANSFIELD, OHIO 44901 THIS IS TO CERTIFY THAT POLICY NUMBER 60--o,0nOC)6 _IN THE NAME OF CZrI Rote & I'-Isr. 9aIa.1,�1 7%oe (Name of Insured) 256 Fban';h :oa;um Canyon Drive, Pa1111 u�1rS,,.,1 9I, California [Street and Number) (City or Town) (State) ^'r r , Q 7 ^ is in force Effective r "" >",�_a Expiring a—•.3 j in amounts indicated below: SECTION SECTION $ —Buildings $ On Premises ❑ Motel Policy $ — Contents $ Off Premises ❑ Laundry & Dry Cleaners Policy .$ Rents ❑ Retailer's Policy Earnings ❑ Apartment Owners Policy ❑ Office Building Policy BUSINESS LIABILITY SECTION — 73 Combined Single T Jmi4 BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY — ( g (.)v1. Each Person $ Tt7 Each Occurrence $ 01000^ Each Occurrence $ __ Aggregate Operations $_ Aggregate Products $ Aggr•egate Protective Aggregate Products MEDICAL PAYMENTS $ Aggregate Contractual Per Person $ Per Accident CUSTOMERS GOODS (Applies to Laundry and Dry Cleaners Policy Only) SECTION $ Laundry and Dry Cleaning (Gross Receipts last 12 months) $ $ Fur Storage (Highest and Average Monthly Values) iHighest) (Average) $ $ Other Storage (Highest and Average Values) (Highest) (Average) Property located City or Town of _ State of Co-Insurance, contribution or Average Clause °fc Construction Mortgage interest to _ Located Additional information or other coverages Additional :C.n saa.:i ed, MS Per 30ndorsement !2. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN. and cover, in accordance with the policy terms, City of Palia Springs Certificate issued to Palm S7,prings, Cal_I.f4a.ry;!ii.-1 At'r,1.a: Public Services Officer At '3O days In the event of any material change in, or cancellation of, said policies, the company will endeavor to give written notice to the party toiwhom this certificate is issued, but failure to give such notice shall impose no obligation nor liability upon the company Tpi.TP.IC AI','r'l i' F_'; 7rD'JC:ti Signed DATED 7-10-757 irdf Form CML 110a (Rev. 6-69)