HomeMy WebLinkAbout01352 - JOHN WESSMAN LANDSCAPE EASEMENT EL CIELO TRACT 9667r
• LAW OFFICES OF
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BEST, BEST & KRIEGER Sohft wes9m2rt - Lndscp MAirit.
agr for El Cielo (TR 9667)
AGREEMENT #1352 (11-2-77)
Res 12405, 10-19-77
FUNDING AGREEMENT - -FOR
MAINTENANCE OF EL CIELO
LANDSCAPE EASEMENT
THIS AGREEMENT is entered into this V` day of
Lt'2' ��7 (,'�✓ , 1977, by and between the CITY OF PALM
SPRINGS , CALIFORNIA, hereinafter referred to as "City" , JOHN
WESSMAN, hereinafter referred to as "Wessman" , and ALANA MAY
SEGUNDO, Lessor under business Lease PSL-206 , hereinafter
referred to as "Segundo" .
This Agreement is made with reference to the following
recitals:
A. Business Lease PSL-206 , dated March 9 , 1977 ,
was executed by SEGUNDO, as Lessor, with WESSMAN, as Lessee,
and recorded the 12th day of August, 1977 , with the County
Recorder of the County of Riverside as Instrument #156455 .
B. Said lease contemplates that the Lessee will
subdivide such property for single-family dwellings with
approximately fifty-two (52) residential lots.
C. The City as a condition of approval of the
development plan and subdivision maps on the property described
in said leases has required WESSMAN to dedicate to the City of
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LAW OFFICES OF
BEST, BEST & KRIEGER
Palm Springs a twenty (20) foot easement fronting upon El
Cielo to provide for landscaping, beautification, and for
a pedestrian walkway and/or bike path for the remaining
term of the said Lease PSL-206.
D. The parties to this Agreement are seeking a
feasible method by which the individual lot sublessees of
the subdivided lots on the property located within said lease
can be required to contribute a reasonable sum to the mainte-
nance of said landscape easement.
NOW THEREFORE, for and in consideration of the
mutual conditions and covenants as set forth herein, the
parties agree as follows:
1. Wessman and Segundo, with the approval and
concurrence of the Bureau of Indian Affairs , have reached
an agreement on a schedule of rents to be charged for each
of the single-family lots contemplated in the development of
the property within such lease. Wessman agrees to add aes
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monthly rental an additional sum of ¢ws Dollars ($ .$0)
month to each of the lot lease assignments at such time as a
residential lot lease assignment is entered into with the (J�
buyer of a leasehold on a residential lot within the property
described in such business lease.
2. Segundo, as lessor under said lease, and the
Bureau of Inidan Affairs pursuant to their consent and approval
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to this Agreement, her by agree that they will collect such
juwCC!PrAig �oa
Twe Dollars ($3 40)Ipe month payments along with the regular C
rental payments under such lease and will remit such sums so
collected to the City of Palm Springs at lease twice annually
on or before the 15th day of January and on or before the 15th
day of July of each year of the remaining term of the lease.
3. Wessman, as developer, will totally improve the
twenty (20) foot strip of land according to plans and specifi-
cations as approved by the City and maintain same until such
time as seventy-five percent (750) of the lots are subleased,
at which time the maintenance shall be assumed by the City.
4. Wessman shall be responsible for the payment
of the above described fees for the lots until assigned at
the time the City assumes maintenance.
5. Segundo shall be responsible for the payment of
the above described fees for the lots after they have been
assigned.
6 . The amount payable to the City shall be adjusted
every five (5) years to reflect increases or decreases in the
cost of living and each lot lease assignment shall contain
provisions as set forth in Exhibit "A" , attached hereto.
7. Segundo reserves the right to assign this
obligation to any collection agent which will undertake the
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BEST, BEST & KRIEGER
responsibility to collect the rents as provided for in the
residential lot leases . The Bureau of Indian Affairs by
approval of this agreement hereby consents to act as such
disbursing agent if it becomes the collecting agent for such
rentals pursuant to the terms of the leases.
8. Segundo as Lessor under said business lease hereby
agrees that in the event Wessman does not complete the sub-
division and development of all of the lots contemplated herein,
and if as a result thereof said lease is terminated, then and
in that event, the obliga ion set forth herein to add the sum
S41C+CrE�NO f�pO /°
of Dollars ($3.00) per lot per month to the rental obligatio
will be imposed upon the subsequent lessee of the property
within said lease which may reamain undeveloped by Wessman.
9 . The City hereby agrees to maintain such landscape
easement during the term of said lease.
1.0. The agreement shall become effective upon written
approval by the Bureau of Indian Affairs.
DATED: September 9 1977 i, �,C'
JOHN WESSMAN
9�.
DATED: September P / 1977
ALANA MAY SEGUNDO J
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DATED: September _� 1977 CITY OF PALM SPRINGS, CA.
(CALD A. L AUGH
ity Manager
ATTEST:
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--Cit
1 ram)_,�. Clerk Y
DATED: -Sep-teml7er- c2 , 1977 APPROVED AS TO FORM:
BY
City At olcney
Approval.
This Funding Agreement for Maintenance of E1 Cielo Landscape
Easement between the City of Palm Springs, John Wessman and
Alana May Segundo, as Lessor, under Business Lease No . PSL-206,
is hereby approved.
Date:
R. S. McDermott, Director
Palm Springs Office
Bureau of Indian Affairs
Pursuant to the authority de!egcted by
230 DM 1, 10 BIAM 2 (39 F. (1. 3?166) and
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Area Cffice Redelcgaticn Order 1 (34 F. R.
14036)
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1 4 . Term of Lease
2 Said land is leased for a term commencing on the
3 date of execution by Assignor and ending on the /171 r day of
4 �S 6fn, l= , 20 ,�?` ; subject, however, to earlier
5 termination as hereinafter provided.
6 5. Use of Leased Land
7 Lessee shall use the leased land solely for private
8 residential purposes , and Lessee shall not construct or maintain
9 thereon, or permit to be constructed or maintained thereon more
10 than one single family dwelling , as hereinafter provided, and
11 Lessee shall not use or permit any persons to so use the leased
12 land and said premises , or any portion thereof, as to disturb the
13 . neighborhood or occupants of adjoining property , or to constitute
14 a nuisance, or to violate any public laws , ordinance or regulatioi
15 from time to time applicable thereto.
16 6. Rental
17 A. Lessee agrees to pay to Lessor as rental for
18 the use and occupancy of said leased land
19 during the term of this lease the sum of
20 Thirty-!;ine Dollars k'$39 . 00) , monthly , in
21 advance on the first day of each month of
22 said term; subject however, to adjustment at "
23 the times and in the manner provided -in
Article 16 . As an additional rental, Less
Ikoer.440'Woo
25 agrees to pay Tire Dollars ($3.$0) monthly in
26 advance on the first day of each month to be
27 paid by Lessor to the City of Palm Springs
28 for maintenance of the 20 foot landscaping
29 easement fronting upon El Cielo ; subject,
30 however, to adjustment every 5 years in the
31 manner provided in Article 16 .
32 APPROVED:
Alana May Segundo
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1 B. All rent shall be paid without prior notice
2 or demand. Pase due rental. shall bear.
3 interest at eight- percent ( 81) per annum
4 from the due date until paid, but this
5 provision shall not be construed to relieve
6 the Lessee from his obligation to make
7 timely rental payments .
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11 - Alana May Segundo
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1 claims, taxes , assessments and like charges and from lien there-
2 for or sale or other proceeding to enforce payment thereof and
3 all costs in connection therewith. Lessor shall execute and file
4 any appropriate documents with reference to real estate tax
5 exemption of the land when requested by Lessee. In addition to
6 the rents, taxes and other charges herein described, Lessee shall
7 pay all charges for water. , sewerage, gas , electricity, telephone
8 and other utility services supplied to said premises as they
9 become due.
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10 15. Lessor Paying Claims
11 Lessor shall have the option to pay any lien or charge
12 payable by Lessee under this Lease or settle any action therefor
13 if the Lessee, after written notice from Lessor or the Secretary
14 fails to pay or to post bond against enforcement. All costs and
is other expenses incurred by Lessor in so doing shall be -paid
16 to Lessor by Lessee on demand, with interest at the rate of ten
17 percent (10<,) per annum from the day of payment- until repaid.
18 Failure to make such repayment on demand shall constitute a
19 breach of the covenants of this lease.
20 16 . Rental. Adjustment.
21 Upon the expiration of the twenty-fifth (25th) year
22 under the term of this Lease, the rental hereunder (excluding
23 that portion paid by Lessor to the City of Palm Springs for
24 maintenance charges) shall be increased by the same percentage
25 as the cost of living index has increased over and above the
26 base index as used herein during the said twenty-five (25) years ,
27 provided however, that in no event shall any increase exceed 75%
28 of the rental hereunder. The rental shall be adjusted upwards
29 or downwards every ten (10) years thereafter, provided that in
30 no event shall the then minimum rental be less than the par.ti.cula3
31 minimum rental provided herci.nabove; provided however , that in
32 no event shall any increase. exceed 30% of l.hc then minimum rental
APPROVED:
Alarm M,iy Sugunclo /
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I Adjustment of that portion of the rental paid to the City of
2 Palm Springs for maintenance charges shall be made every five
3 (5) years and shall be increased or decreased by the same
4 percentage as the cost of living index has increased or decreased
5 from the base index. The cost of living index to be used is that
6 reflected by the Consumer Price Index, all items , Los Angeles ,
7 California (1967 = 100) published by the Bureau of Labor
8 Statistics of the U.S . Department of Labor. If for any reason
9 whatsoever, there is any change in the method.
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Alana May Segundo i
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