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Home My WebLink About01525 - CARAVAN INTERNATIONAL INDIAN AMADO WALL ENCROACHMENT S a 2 Waravan International et al- wall encroachmnt in r/w NW cor Indian & Amado AGREEMENT #1525 (Orig 7-18-79) LICENSE AGREEMENT Res 13051, 7-18-79 This L '- nse Agreement, made and entered into this day of _e'4 / 1979, by and between THE CITY OF PALM SPRINGS, he rey� fter lled "LICENSOR" , and CARAVAN INTERNATIONAL, LTD. , herein- after calle "LICENSEE". WITNESSETH: That Licensor, for valuable consideration and the faithful performance 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 sloping decorative wall , hereinafter referred to in whole or in part as "structure," at such location upon, across and over a portion of that certain real property dedicated as right-of-way to the Licensor, situated in the County of Riverside, State of California, described as follows: Lot 9 in Block 24, of Palm Springs, as shown on map in Book 9, Page 432 of flaps, Records of San Diego County, California. The portion of the aforesaid lands subject to said license, is parti- cularly described as follows: Within the easterly 4.5 feet of the above described property, beginning at a point approximately fifty- three (53) feet from the centerline of Amado Road and extending approximately one hundred forty-three (143) feet northerly. This license is given upon and subject to the following terms, covenants and conditions : 1 . Licensee, his successors and assigns , and his and their respective agents and employees , shall have the right and duty to main- tain 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 encum- brances whether of record or not affecting said property or any portion thereof. 3. Any structure placed pursuant to this license shall be constructed 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 interferes 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. 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. Agr. No. Page 2 During the entire term of this License Agreement, Licensee agrees to procure and maintain liability insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities of the City or Licensee, its sub- licensees or any person acting for the City, or Licensee or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of the City, or Licensee, or its sub-licensees, or any person acting for the City or Licensee, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the City against incurring any legal cost in defending claims for alleged loss. Such public liability and property damage insurance shall be maintained in full force and effect throughout the term of the License Agreement and any extension thereof in the following minimum limits: Bodily Injury $250,0.00 each person $500,000 each occurrence $500,000 aggregate products & completed operations Property Damage $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1 ,000,000 will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and shall name the City of Palm Springs as an additional insured. If the operation under this License Agreement results in an increased or decreased risk in the opinion of the City Manager, then Licensee agrees that the minimum limits hereinabove designated shall be changed accord- ingly upon request by the City Manager; provided, however, that the Licensee may appeal to the City c4ncil within ten days after any increase is requested and such requirement for increased coverage shall be subject to determination by the City Council . Licensee agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which the Licensee may be held responsible for the payment of damages to persons or property resulting from Licensee's activities, the activities of its sub-licensees activities of any person or persons for which Licensee is otherwise responsible, 6. Evidence of Insurance - A Certificate of Insurance, or an appropriate insurance binder, evidencing the above insurance coverage with a company acceptable to the City' s Risk Management Officer shall be submitted to the City prior to execution of this License Agreement on behalf of the City. 7. Notice to City, Insurance Coverage Change - The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or can- celled by the carrier, for non-payment of premiums or otherwise, without thirty (30) days prior written notice of amendment or cancellation to the City. In the event the said insurance is cancelled, the Licensee shall , prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts heretofore established. 5 a 3 5 a 4 Agr. No. Page 3 8. Except as provided in Paragraph 4. above, this License shall not be revoked so long as said structure pursuant hereto by Licensee is maintained in a manner satisfactory to the Licensor and is used for the purpose for which it was designed. 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 provide a suitable walkway or landscaping within said period of sixty (60) days. In addition, should Licensee at any time fail to comply with any provision of this License Agreement, Licensor may revoke this License Agreement and give written notice thereof, and Licensee shall within said sixty (60) day period remove the structure and restore the premises as aforesaid. 9. Li.censee agrees that he will not record this License Agreement. IG. The notices provide in this License Agreement 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 P.O. Box 1786 Palm Springs, California 92263 Attention: City Manager To Licensee: Caravan International , Ltd. c/o Larry Kay, President 2000 North Indian Avenue 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. Assignment requires approval of the City. IN WITNESS WHEREOF, said Licensor and said Licensee have caused this instrument to be exceuted in duplicate by their respective officers or party thereunto duly authorized as the day and year herein first above written. t ATTEST: . - CITY OF MLM SPRINGS, CALIFORNIA By Deputy City Clerk City Manager REVIEWED & APPROVED + t� /lQ ::*A x " CARAVAN INTERNATIONAL, LTD, ByGc , Pr s dent By A( 2-7 fill I qu , 14T. -ip ol q I T I T t 777;.'t Z 77 ------------- t55k) II 11� 71 Li lnO 10) 1 cl� 5 a 5 Cd � I � E I I I � C i � � I I /,/l' ' v \` - . „ I i