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HomeMy WebLinkAboutA6571 - PALM SPRINGS LANDSCAPE CO - PRIVATE UTILITY ENCROACHMENT LICENSE AGRDeans & Homer ESTABLISHED IN lase PO Box 2839 San Francisco, CA 94126-2839 The City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262-6959 N Policy: SL 2936243 Insured: PALM SPRINGS LA 56 PO Box 2839 San Francisco California 94126-2839 Tel (415)421-8332 Fox(800) 789.0464 www.deanshomer.com CA Lie.# 0300517 THIS IS NOT A BILL. IF ADDITIONAL PREMIUM IS DUE, A BILLING STATEMENT WILL FOLLOW UNDER SEPARATE COVER RECEIVED OCT 2 2 2024 OFFICE OF THE CITY CLERK W* Ftmamo , r4i Znmrwo � I Deans & Homer Insurance Managing Underwriters 10/15/24 160 Pine St., San Francisco, CA 94111 Direct Bill Notice of Cancellation or Non -Renewal Insurer INDIAN HARBOR INSURANCE COMPANY Policy 2936243 Agent or Broker (714) 505-5550 Insured Palm Springs Landscape NFP Property & Casualty Insurance C/O Steven Wade, Trustee Services (DBA) 10805 Moore Drive 1551 N Tustin Ave Parkland, FL 33076-4846 Ste 500 Santa Ana, CA 92705-8690 RECEIVED OCT 2 2 2024 _ OFFICE OF THE CITY CLERK The insurer hereby gives notice to all interests insured that it does not intend to renew the above policy, and that said policy and all coverages thereunder will terminate on the policy's expiration date, December la, 2024. REASON: Extended vacancy makes risk ineligible. If you would like more detail about why this policy is not being renewed, you may send a written request for this information to Deans & Homer, PO Box 2839, San Francisco, CA 94126-2839. Please include a copy of this notice with your written request. We shall respond with information about why your policy has not renewed within 6 days after receipt of your written request. Please work with your agent to find appropriate replacement coverage. Your agent, or you as an owner of property in California, may want to contact the California FAIR Plan for information about available property insurance. Their toll free number is(800) 339-4099 and their website is http://www.cfpnet.com For Deans & Homer NRN-CW01 (01-21) Deansusaso & Homer ssr•siH less PO Box 2839 San Francisco, CA 94126-2839 The City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262-6959 Policy: SL 2936243 Insured: PALM SPRINGS LA PO Box 2839 San Francisco California 94126-2839 Tot (415)421-8332 Fax (800) 789-0464 www.deanshomencom CA Lic.# 0300.517 RECEIVED W 2 5 2024 OFFICE OF THE CITY CLERK THIS IS NOT A BILL. IF ADDITIONAL PREMIUM IS DUE, A BILLING STATEMENT WILL FOLLOW UNDER SEPARATE COVER A" 10, P .. 74 Policy No. SL 2936243 INDIAN HARBOR INSURANCE COMPANY STAMFORD, CONNECTICUT DEANS & HOMER, SURPLUS LINES BROKER 160 Pine St, San Francisco, CA 94111 NAMED INSURED Palm Springs Landscape C/O Steven Wade, Trustee 10805 Moore Drive Parkland, FL 33076-4846 DH-COVER ( Policy No. SL 2936243 PRODUCER Tel:(714)505-5550 NFP Property & Casualty Insurance Services (DBA) 1551 N Tustin Ave Ste 500 Santa Ana, CA 92705-8690 THIS DOCUMENT AND ALL ATTACHMENTS CONSTITUTE YOUR POLICY DEANS & HOMER Andrew Slakoff RECEIVED SEP 2 5 20A OFFICE OF THE CITY CLERK INDIAN HARBOR INSURANCE COMPANY 505 Eagleview Blvd., Exton PA 19341-1120 Joseph Tocco PRESIDENT Toni Perkins SECRETARY Policy No. SL 2936243 Policy Period From: 9/18/2024 To: 12/18/2024 At 12:01 A.M. Standard Time INDIAN HARBOR INSURANCE COMPANY STAMFORD, CONNECTICUT DEANS & HOMER, SURPLUS LINES BROKER 160 Pine St, San Francisco, CA 94111 Policy Extension NAMED INSURED Palm Springs Landscape C/0 Steven Wade, Trustee 10805 Moore Drive Parkland, FL 33076-4846 TERM PREMIUM Premium Tax Stamping Fee TOTAL .......... Policy No. SL 2936243 REPRINT Direct Bill PRODUCER Tel:(714)505-5550 NFP Property & Casualty Insurance Services (DBA) 1551 N Tustin Ave Ste 500 Santa Ana, CA 92705-8690 $3,182.00 $95.46 $5.73 $3,283.19 LOCATION #1 725 PALM CANYON DRIVE PALM SPRINGS, CA 92262 Coverage -and-conditions -applicable-to location #-1 BUILDING PACKAGE POLICY COVERAGE LIMIT OF INSURANCE SECTION I - Business Property Structures $1,000,000 _,SECTION II - Business Liability Business Liability: Per Occurrence Limit $1,000,000 Annual Aggregate Limit $2,000,000 Non -owned Auto Liability NOT COVERED Premises Medical Payments Limit - Each Person: $ 1,000 Each Accident: $25,000 IMPORTANT NOTICE THE LIMIT OF INSURANCE FOR THE STRUCTURE AT THIS LOCATION IS NOT INTENDED BY THE INSURER TO REPRESENT THE ACTUAL REPLACEMENT COST OF THE STRUCTURE AND MAY BE LESS THAN THE LIMIT OF INSURANCE YOU REQUESTED. IF YOU BELIEVE THE. LIMIT IS INADEQUATE, PLEASE CONTACT THE PRODUCER SHOWN ON THE DECLARATIONS PAGE OF THIS POLICY. DH-DEC (10-04) DECLARATIONS PAGE 9/19/24 SL 2936243 Page- 2 SL 2936243 THE STATED LIMIT MAY BE THE MAXIMUM LIMIT THE INSURER WILL PROVIDE. DEDUCTIBLE Deductible Amount: Increased Deductible for Vandalism: Increased Deductible for Theft: Increased Deductible for Water Damage: Increased Deductible for Wind or Hail Damage: FORMS DH 05-51 (01-21) Limited Coverage for Terrorism DH 06-02 (11-22) Communicable Disease Exclusion DH 07-03 (12-10) Amended Basis of Loss Payment DH 47-00 (11-11) Building Package Policy DH 47-06 (12-10) Limitation - Organic Pathogen DH 47-09 (02-16) Construction Liability Exclusion XLSOPCA (08-17) XL Service of Process - California LOCATIONAL INTEREST The City of Palm Springs Additional Insured 3200 East Tahquitz Canyon Way Palm Springs, CA 92262-6959 LOCATION PREMIUM $3,182.00 By: Jayleen Ballesteros Extend Term of 2936243 (#2) RECEIVED SFP 2 5 2024 OFFICE OF THE CITY CLERK DH-DEC (10-04) DECLARATIONS PAGE 9/19/24 $10,000 $25,000 $25,000 $10,000 $10,000 DOC # 2014-0270688 07/22/2014 08:34A Fee:NC Page 1 of 17 Recorded in Official Records \ County of Riverside Larry W. Ward FREE RECORDING REQUESTED BY Assessor, County Clerk & Recorder AND WHEN RECORDED MAIL TO: IIIII II I I II IIIIIII IIII III IIII IIIII IIII IIII CITY OF PALM SPRINGS P.O. Box 2743 Palm Springs, California 92263-2743 S R U PAGE SIZE DA MISC LONG RFD COPY Attn: City Clerk and Public Works and Engineering 17 Filing Fee Exempt Per Government Code 6103 M A L ass azs POL77mTy sF NCH EXAM EL 14-01 t1DCU UNI 800 PRIVATE UTILITY ENCROACHMENT LICENSE AGREEMENT 800 1A,THIS ENCROACHMENT LICENSE (the "License") is entered into this �7// da_ y of 7C" tbft}'¢ AM L. 2014, by and between Palm Springs Landscape Company ("Licensee"), and the CITY OF PALM SPRINGS, a California charter city ("City"). RECITALS: A. Licensee has been contracted by the Owner of that certain real property located in the City of Palm Springs, County of Riverside, State of California commonly known as 725 S. Palm Canyon Drive, Palm Springs, CA 92262 (APN 508-171-011), more particularly described as Parcel A on Exhibit"A"attached hereto and incorporated herein by reference ("Licensee Property"). B. 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 and shown on Exhibit "B" ("City Property"). C. Licensee desires to construct and maintain TWO 2-inch (I.D.) High Density Polyethylene(H.D.P.E.)conduits, each conduit being approximately 260 L.F in length, with tracer wire hereinafter referred to as the "Encroachment", which will encroach on the City property in the location described and shown on Exhibit "C-1", "C-2" and "C3", attached hereto and incorporated herein by reference (the "Encroachment Area"). D_ City has agreed to grant to Licensee 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 Licensee executes this License. NOW THEREFORE, the parties hereto agree as follows: 1 06 1.0 License. The City hereby grants a License to Licensee to construct the Encroachment within the Encroachment Area upon all of the terms and conditions of the Permit and this License. 2.0 Commencement of Construction. Licensee shall commence the construction of the Encroachment within a reasonable amount of time, in no event to exceed ninety(90) days following the execution date of this License. Before beginning any physical work on the Encroachment, Licensee shall notify City that construction of Encroachment will be commenced, at least twenty-four(24)hours prior to commencement of such work. Licensee shall also notify the City upon completion of the Encroachment. 3.0 Construction of Encroachment. Any structure placed pursuant to this License shall be constructed in a careful and workmanlike manner and in accordance with plans and specifications to be submitted to and approved by the City of Palm Springs Department of Public Works and Engineering Department of Building and Safety, before Licensee commences construction of Encroachment within the Encroachment Area, or commences construction of any work on Licensee Property.All work must conform to current City of Palm Springs standard details and as directed by the City Inspector to the satisfaction of the City Engineer. Any contaminated water used for drilling, boring, or excavating must be captured and disposed of properly. No construction water will be discharged onto City streets or into the City storm water system as per City of Palm Springs Municipal Code 8.70.010. 4.0 Maintenance by Licensee. Licensee shall have the right and obligation to maintain, repair and replace, at its own cost and expense, the Encroachment so as to keep the Encroachment Area in a neat, clean, first class condition and in good order and repair, free of trash and debris at all times. As the Encroachment Area consists of public street rights-of-way, the Licensee shall ensure that any excavations, trenches, and backfill and repaving of trenches excavated by Licensee for the Encroachment are maintained as required by the City, in accordance with applicable City standards or as directed by the City Engineer. Licensee hereby agrees to perform such additional repairs and/or maintenance work in the Encroachment Area within fifteen (15) days notice from City. Licensee shall have access across the City Property at all times while the License is in effect solely for the purposes as noted in Section 3. In the event that Licensee does not maintain the Encroachment as required herein, the City will have the option to either (i) terminate the License as more particularly provided in Section 7 or, (ii)after giving Licensee reasonable notice,to make such repairs or perform such maintenance as is required. If City performs the required repairs and/or maintenance, City shall submit an invoice to Licensee for payment of the repairs and/or maintenance work performed by City, including administrative fees, and Licensee shall pay such invoice received within thirty(30)days for such work performed. Failure to pay any invoice submitted to Licensee by City within thirty (30) days notice from City shall automatically terminate the License herein granted. 2 07 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �� zR14e f7e17 eS8aa 4.1 Construction by Others within Encroachment Area. Licensee hereby acknowledges that the License herein granted by City is non-exclusive, and that City may grant subsequent encroachments within the Encroachment Area to other parties, including public utility companies, other governmental agencies, and private parties. Licensee hereby agrees to join and maintain membership with Underground Service Alert of Southern California (Dig Alert)for the entire term of this License, or until the Encroachment is removed, whichever occurs first. Licensee shall be required, pursuant to this provision of the License granted by City, to monitor notifications from USA/Dig Alert(1-800-227-2600)of excavations or other work within the Encroachment Area by public agencies or private parties that may directly affect Licensee's Encroachment. It shall be the Licensee's sole responsibility to adequately mark, identify, and locate its Encroachment within the Encroachment Area for any and all public agencies or private parties who have duly notified USA/Dig Alert of excavations or other work within the Encroachment Area. Failure of Licensee to timely and/or correctly mark, identify, and locate its Encroachment within the Encroachment Area shall be the liability of the Licensee. Licensee shall indemnify, hold harmless, and release City from all damages of any kind, due to damages incurred to its Encroachment within the Encroachment Area, including complete loss of the use and/or value of the Encroachment due to excavations or other work within the Encroachment Area by public utility companies, other governmental agencies, and private parties, including the City, who have duly notified USA/Dig Alertof their intention to excavate or perform other work within the Encroachment Area. Licensee acknowledges that this provision of the License granted by City releases City of any financial or other obligations to maintain the Encroachment within the Encroachment Area, and that Licensee shall be solely responsible for ensuring that its Encroachment is adequately protected for the entire term of this License. Licensee further acknowledges its Encroachment consists of a privately owned, underground, power and communication conduits, and its responsibility to ensure the Encroachment is identified and appropriately marked within the Encroachment Area to ensure future work within the Encroachment area does not result in injury or loss of life. Licensee hereby indemnifies the City from anyand all liability, in accordance with Section 6 of this License, for any injuries or loss of life resulting from Licensee's failure to comply with the requirements of maintaining the Encroachment and ensuring its identification within the Encroachment Area through membership in USA/Dig Alert. 4.3 Relocation of Encroachment within City Riaht-of-Way. In the event of a conflict with an underground utility proposed by any public agency or private party whose proposed utility is approved for installation by City within the Encroachment Area, Licensee hereby agrees to relocate the Encroachment, at Licensee's sole expense, as necessary to remove any such conflict with an underground utility proposed by any public agency or private party. Licensee shall prepare relocation plans for the Encroachment and submit to the City Engineer, as well as the affected public agency or private party, for review and comment within thirty(30)days notice from City of the underground utility conflict. Licensee shall relocate the Encroachment, as directed by the City, pursuant to Sections 2, 3, and 5 of this License, except, however,that 3 (IIIII IIIIIII III IIIIIII(IIII IIIII IIIII III 1111111111111 R7i'2©t 20 of 17 L+ V relocation of the Encroachment, as approved by City, shall commence no later than thirty(30) days approval of relocation plans for the Encroachment by City. 5.0 Installation and Maintenance of Safety Precautions. Licensee shall, in connection with the construction and maintenance of the Encroachment, provide, install, and maintain such lights, barriers, warning signs or other safety precautions as are reasonably necessary to protect anyone utilizing the City Property for whatever reason. In the event that the City determines that suitable safety precautions are not being provided by Licensee, the City may, after two (2)days notice from City to Licensee, provide, install and maintain such safety precautions. If the City provides the safety precautions pursuant to this Section 5, City shall submit an invoice to Licensee for payment of the safety precautions installed by City, including administrative fees, and Licensee shall pay such invoice received within thirty(30) days for such work performed. Failure to pay any invoice submitted to Licensee by City within thirty(30) days shall automatically terminate the License herein granted. 6.0 Indemnity. Licensee 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) Licensee 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) Licensee will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities and Licensee agrees to save and hold the City, its officers, agents and employees harmless there from; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Licensee for such damages or other claims arising out of the location, construction, maintenance, relocation or removal of the Encroachment, Licensee 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. 7.0 Covenants Runnina With the Land. The covenants and restrictions by Licensee set forth in this License: (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 Licensee 4 11111 III 1111111111111 y .?�i 4© £'17 ags�aF 09 and every person having any fee, leasehold or other interest in any portion of the Licensee 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. 8.0 Insurance. Licensee shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this License, in a form and content satisfactory to City, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Licensee's use of the Encroachment within the Encroachment Area under this License. Insurance shall be kept in full force and effect during the term of this License, and shall not be cancelable without thirty(30)days written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insured by original endorsement shall be delivered to and approved by City prior to City's approval of this License. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Licensee's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 8.1 Minimum Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows: Comprehensive general liability and personal injury with limits of at least One Million Dollars ($1,000,000) combined single limit coverage per occurrence. Forany claims related to this License, Licensee's insurance coverage shall be primary insurance as respects City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Licensee's insurance and shall not contribute with it. 8.2 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VIII, or better, unless otherwise acceptable to the City. 8.3 Verification of Coverage. Licensee shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this License. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before approval of this License. City reserves the right to require Licensee's insurers to provide complete, certified copies of all required insurance policies at any time. 5 illlll Ilillll III IIIIIII VIII VIII 111111111111111111111 r'l 2,e9 fr08d 4A O Verification of Insurance Coverage may be provided by: (1) an approved General Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. 'The City of Palm Springs, its officials, employees and agents are named as an additional insured" ("as respects Encroachment License No. 10-02" may be included in this statement). 2. 'This insurance is primary and non-contributory over any insurance or self- insurance the City may have" ("as respects Encroachment License No. 07-03" may be included in this statement). 3. "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative"is not acceptable and must be crossed out. See example below. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy. All certificates and endorsements are to be received and approved by the City before this License is approved. Cancellation Example: SHOULD ANY OF THE ABOVE REFERENCED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS" WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. *The broker/agent can include a qualifier stating "10 days notice for nonpayment of premium." 8.4 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents, and volunteers; or, Licensee shall procure a bond guaranteeing payment of losses and related investigations, claim 6 (IIIII II II I III IIII II IIIII IIIII IIIII III IIIII IIII IIII a c014 Q t4 PpR 884 1 administration, and defense expenses. 8.5 Severability of Interests (Separation of Insured). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 8.6 Insurance Increase. Not more frequently than one (1) time every three (3) years, if, in the opinion of the City, the amount of public liability and property damage insurance coverage at that time is not adequate, the City may require modifications to the required insurance coverage in this Section 8. City shall notify Licensee, and Licensee hereby agrees to provide City with certificates and endorsements evidencing City's required increased insurance coverage amounts within thirty(30)notice from City. Failure of Licensee to provide City with certificates and endorsements evidencing City's required increased insurance coverage amounts within thirty(30)days shall automatically terminate the License herein granted. 9.0 Termination. The License is terminable with or without cause by City at any time. Licensee shall remove the Encroachment as stated in Section 9.1 and restore the Encroachment Area on the City Property to its former condition, at Licensee's sole cost and expense, within thirty (30) days notice from City. In the event Licensee fails to remove the Encroachment and restore the Encroachment Area on the City Property within thirty(30)days notice from City, City shall have the right to do so without notice to Licensee. Licensee shall immediately reimburse the City for all expenses incurred by City in the removal of the Encroachment and restoration of the Encroachment Area on the City Property. Said amounts shall accrue interest from the date the expenses were incurred by City at the maximum non- usurious interest rate permitted by law. 9.1 Removal of Encroachment by Licensee Upon conclusion of pilot testing activities, or as directed by the City as in Section 9.0, all above-ground equipment(including piping manifold)will be dismantled and removed from within City Right-of-Way. Encroachment conduit will be cut below grade at both ends—(at the AS/SVE wells in the median between S. Palm Canyon Drive and N. Riverside Drive and the parking lot to the west and at the manifold in the parking lot). The conveyance piping will then be abandoned in place by pressure grouting (filling with grout) and the disturbed areas will be backfilled or paved to match existing surface (asphalt in the roadway and dirt in the median). Once the removal has been completed to the satisfaction of the City Engineer, via written or electronic correspondence to the Licensee, this Encroachment License will be voided. 10.0 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to be given under the provisions of this License shall be in writing and either served personally or sent prepaid, first-class mail to the following address: 7 IIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIII e,:R14-gf A8884A 12 To City: City of Palm Springs PO Box 2743 Palm Springs, CA 92263-2743 Attn: Public Works and Engineering Department With Copy to: City Attorney, City of Palm Springs PO Box 2743 Palm Springs, CA 92263-2743 Attn: Douglas Holland Licensee: Palm Springs Landscape Company 11077 Canary Island Court Plantation, Florida 33324-8202 Attn: Steven Wade Either party may change its address from time to time 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 10. 11.0 Attorneys Fees. In any action between the parties hereto seeking enforcement of this License, 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. 12.0 Successors and Assigns. All rights and obligations created by this License shall be appurtenant to and shall run with the Licensee Property and the City Property and each part thereof and interest thereon, and shall be binding upon the owners of the Licensee Property and its respective successors and assigns acquiring any right,title and interest in the Licensee Property. 13.0 Amendment or Modification. This License may not be modified or amended except by written agreement executed by the then-owner of the Licensee Property and the City Property and recorded in the Office of the County Recorder, County of Riverside, California. 14.0 Governing Law. This License shall be governed by and construed in accordance with the laws of the State of California. 15.0 Severability. The invalidity or unenforceability of any provision of this License with respect to a particular party or set of circumstances shall not in any way affect the validity 8 IIIIIIIIIIIIIIII IIIIII IIIII IIII IIIII III IIII IIII IIII e7 214-e�08 -4A 13 and enforceability of any other provision hereof orthe same provision when applied to another party or to a different set of circumstances. 16.0 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 City that their use of the Licensee Property and the City Property shall be benefited and/or restricted in the manner herein described. 17.0 Counterparts. This License may be executed in any number of counter parts, each of which shall constitute an original. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. "LICENSEE" Palm Sprin s Landscape Company By: -bt (f7 --j� Print Name: 157G—✓R LIU L 1 ITS: K--0 7Da:__ LICENSEE TITLE (Licensee shall have signature notarized) ATTEST: CITY OF PALM SPRINGS, alifomia charter city By. '> Lit Ss_i r -r--- _ B �.4 •gY':�� _e" arne�on, City Clerk David H. Ready, C Hager APPROV S TO FORM: APPROVED BY CITY COUNCIL: ,O�j Date: D uglas Iland, City Attorney Agreement No.: APPROVED BY CITY COUNCIL R,'LE. N14 8-AR i a STATE OF D f I (YCL } COUNTY OF (- } SS On (P (I �C L{ },before me, Notary Public, DATE personally appeared > I`'�P() ('�lf�(.I i who proved to me on the basis of satisfactory evidence to be the person whose name is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/hentheir authorized capacity lies),and that by his(derudeir signaturespo on the instrument the persona, or the entity upon behalf of which the persona acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Seal) WITNESS my hand and official seal. pryA-MARIA WING w•PCa Notary Public-State of Florida My Comm.Expires Jul 23,2015 ' •� Commission # EE 80568 Bontletl Through National Nolsy Assn. Sign atu of Notary STATE OF } } SS COUNTY OF } On before me, Notary Public, DATE personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herttheirauthorized capacity (ies), and that by his/herttheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Seal) WITNESS my hand and official seal. Signature of Notary 10 IIII IIIIIII IIIII III IIIII IIIII IIIII)II III m 2F�14-r�Jcof 17 �4R �J EXHIBIT "A" DESCRIPTION OF LICENSEE PROPERTY That portion of Lot 13 in Section 23,Township 4 South, Range 4 East,San Bernardino Meridian, in the City of Palm Springs,County of Riverside, State of California,as per Map of Palm Valley Colony Lands, recorded in Book 14, Page 652 of Maps, in the Office of the County Recorder of San Diego County, California, described as follows: Commencing at the Northwest corner of Lot 13 as shown on that certain map entitled "Palm Valley Colony Lands" filed in Book 14, Page 652, San Diego, County Official Records; Thence S0020'36"W along the West line of said Lot 13, 44.00 feet to the True Point of Beginning; Thence S0020'36"W continuing along the West line of Said Lot 13, 119.38 feet to a point on the Northerly line of that portion described in Deed to the Riverside County Flood Control and Water Conservation District filed in Book 1043, Page 517, Riverside County Official Records; Thence S70°43'54"E along said Northerly line, 284.30 feet to a point on the Westerly line of that portion conveyed by deed to the City of Palm Springs filed in Instrument 9205, Riverside County Official Records said point being also on the Westerly line of South Palm Canyon Drive; Thence N01010'00"W along said Westerly line, 65.29 feet to the beginning of a tangent curve to the left have a Radius of 1372.47 feet; Thence along said curve an arc distance of 128.31 feet through a central angle of 5°21'24"to the beginning of a tangent curve to the left have a Radius of 20.00 feet; Thence along said curve an arc distance of 29.26 feet through a central angle of 83048'36"to a point on the Southerly line of Sunny Dunes Road; Thence S89°40'00"W along said Southerly line, 227.68 feet to the True Point of Beginning. 11 IIIIIIIIIIIIIIIIIII IIIIIIIIIIII IIII I II 01122 Pot. 4 g�AA 16 EXHIBIT "B" DEPICTION OF CITY PROPERTY AND ENCROACHMENT A portion of South Palm Canyon Drive, formerly State Highway 111 adopted by the California Highway Commission on September 7, 1933, within Section 26, Township 4 South, Range 4 East, in a portion of Lot 13, Palm Valley Colony Lands map and recorded in Map Book 14, Page 652, San Diego Records, San Diego, California. 12 IIIIII IIIIII III IIIIIII IIIII IIIII IIIII III IIIIII III IIII r.'--2, 12 et ,f Cc C 1734A 17 LEGEND DIRECTIONAL BORING INSTALLATION --- CENTERLINE OF STREET -• - - �- PROPERTY BOUNDARY "` — GAS LINE RIGHT OF WAY APPROXIMATE LOCATION OF OVERHEAD UTILITY LINE ENCROACHEMENT AREA EXISTING MONITORING WELL UNDERGROUND TELEPHONE LINE PROPOSED ASISVE SYSTEM APPROXIMATE LOCATION OF —.— SANITATION DISTRICT LINE ENCLOSURE AREA EXTRACTION WELL ASISVE AIR SPARGE/SOIL VAPOR EXTRACTION ® APPROXIMATE LOCATION OF - ' ' TRAFFIC SIGNAL CONDUIT SPARGE WELL ELECTRICAL LINE HATCH AREA BELOW SHOWS ENC OAC MENOT LIMITS RW. EAST SUNNY DUNES ROAD Ias 0 a 44.0 T - TEMPORARYR.OW r POSEO .. _ � r �~ EXISTING � r/ "EASTN6 TRANSFORMER •��-••.-••.�-�-•• � ' S '�` = { 1 I OVERHEAD 120/240V t-PHASE y n i a b PROPOSED i ' MW-2 x �, co o cn 7 m z ,r t �� o z r r" CO \ --� i z 2 a - D '� iI =+ ; MW-10 - ri -- - = p M `�, :. } W-12 PROPOSED p DRYWELL `, m ENCLOStItESYSTEM J I $-MW-1 �,' ✓ASISVE AREA R.OW. EXISTNG POLE POWER b:;i Ste f'_.� \\ 1 t r MSTORMWATER r n' i -ST 80.01 i r i # NOTE: •� 1. TRACER WIRE SHALL BE #14 AWG COPPER AND HAVE YELLOW (GAS) 30 MIL POLYETHYLENE INSULATION OR APPROVED EQUAL TRACER WIRE SHALL BE PLACED DIRECTLY ABOVE THE CENTER MOST PIPE IN THE TRENCH AND SECURED EVERY 5' OF PIPE LENGTH WITH TAPE TO PREVENT DISPLACEMENT DURING BACKFILL TRACER WIRE SHALL HAVE ONLY ONE TRACER LINE PER TRENCH, AND SHALL BE CONNECTED WITH CONDUCTIVE LUGS (OR EQUIVALENT) AT TRENCH JUNCTIONS. TRACER WIRE SHALL BE DAY—LIGHTED AT BOTH THE WELLHEAD AND AT THE REMEDIATION SHED VAULT TO FACILITATE ENERGIZING BY UTILITY LOCATORS. e ds G t R MATCH EXISTING SURFACE COMPLETION x rn = r W o ri , UNDISTURBEDITRA� 18" MIN. TO IV TOP OF PIPE 18" MIN. TO UNDISTURBED11) TOP OF PIPE R14 COPPER WIRE (SEE NO 14 COPPER�RE (SEE NO2" HOPE (TY 2' HOPE (TYP ASISVE TRENCH DETAIL 2 AS/SVE TRENCH DETAIL (PAVED AREA BETWEEN EW-11SW-1 AND ROAD MEDIAN)�� [UNPAVED AREAS WITHIN ROAD MEDIAN 4 3 I" MAXIMUM SLOPE, NG 1' MAXIMUM SLOPE, PAVEMENT TO EXISTI GRADE PAVEMENT TO EXISTING GRADE 8" TRAFFIC RATED, WATERTIGHT 8"X12' SIP CAP LIMITED ACCESS MANHOLE 'MTH 8" TRAFFIC RATED SOLT G DOWN LID p WATERTIGHT 8"X124 AUGEpSFAgNEG U BOLT DOWN LIDE LIMITED ACCESS MANHOLE WITH 1/4" GALVANIZED REDUCER 1/4" BRASS BALL VALVE REPAIR WITH CONCRETE REPAIR WITH CONCRETE 2.500 PSI CONCRETE s 2,500 PSI CONCRETE APRON AROUND VAULT, APRON AROUND VAULT. MIN 8' DEEP% e" WIDE MIN 8' DEEP X 8" WIDE 2' DIA, STEEL '�• 2" DIA. STEEL COUPLING (TRANSITION PVC TO STEEL FLOWABLE FILL \ IV FACILTATE STEEL ONLY V ABOVE GROUND SURFACE) \ \/ NATIVE SOIL \ \ \ FLOWABLE FILL NATIVE SOIL CLEAN SAND • /� CLEAN SAND PIPE REDOING PIPE BEDDING \�\ �� NATIVE SOIL • 44 TRACER V44ETRACER \NATIVE SOIL —A4" PVC SCHSUP TEE 4p YYAA �2" SCH 80 .T"F / a 27 HOPE ... /\\/ (TYP) 2" HOPE ' /\\/ PVC TEE �\ �' TRANSITION PVC TO HOPE \ TRANSITION PVC 70 HOPE (SEE NOTE 1) (SEE NOTE 1) ; 4" TO 2" SN40 PVC REDUCER A 9 SVE WELL MW-2 WELLHEAD DETAIL 5 AS WELL SW-2 WELLHEAD DETAIL (UNPAVED AREAS) �- (UNPAVED AREAS) NOTE: 1. HIGH COUNTRY FUSION COMPANY HDPE TO PVC TRANSITION FITTING OR EQUIVALENT. I I RIN MONITORING4:'' UNDISTURBED WELL y. ASPHALT UNDISTURBED DIRT SURFACE REPAIR NTH m REPAIR PATH BLACK DYED •CONCRETE CONCRETE ASPHALT CUT VAULT DETAIL PLAN VIEW - . ( 11) VAULT DETAIL PLAN M!�A�2 WELLS EW-1 AND SW-1 WELLS MW-2 AND SW-2 r6 ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) ss. City of Palm Springs ) On July 16, 2014, before me, JAMES THOMPSON, CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and the official seal of the City of Palm Springs, California, this 16th day of July, 2014. A. .y a u m Signature: - 4� -�Ltr_-f�"' Q��aoaN� MES THOMPSON, CITY CLERK City of Palm Springs, California Title or Type of Document PRIVATE UTILITY ENCROACHMENT LICENSE AGREEMENT Palm Springs Landscape Company i IIIIII IIIIIII III IIIIIII IIIII IIIII IIIII III IIIIII IIIIIII r0.2�1 1?1'fn I?Arii RECEIVED INDIAN HARBOR INSURANCE COMPANY APR 0 9 2024 STAMFORD, CONNECTICUT DEANS & HOMER, SURPLUS LINES BROKER 160 Pine St, San Francisco, CA 94111 OFFICE OF THE CITY CLERK Confirmation of Cancellation of Insurance Polic 4/04/24 Y Direct Bill We have received your request to cancel your policy: Policy SL 2870420 for SL - Premises Liability Cancellation takes effect at 12:01 A.M. on 3/18/24. Insured: Palm Springs Landscape C/O Steven Wade, Trustee 10805 Moore Drive Parkland, FL 33076-4846 A Loss Payee: Palm Springs Landscape If any premium refund is due to you, it will be issued after the cancellation takes effect. Cancellation will remain in effect unless reinstatement is requested through the agent and granted in writing by us. If you believe this notice of cancellation has been issued in error, you must notify your agent immediately. For questions about this notice, please contact your agent or broker: NFP Property & Casualty Insurance Services (DBA) 1551 N Tustin Ave Ste 500 Santa Ana, CA 92705-8690 If you have additional questions, you may also contact: Aaron C. Langley Deans & Homer (714) 870-0752 Please work with your agent to find appropriate replacement coverage. Your agent, or you as an owner of property in California, may want to contact the California FAIR Plan for information about available property insurance. Their toll free number is (800) 339-4099 and their website is http://www.cfpnet.com DEANS AND HOMER Authorized Representative Deans & Homer EST/aLISNEa 1N 1555 PO Box 2839 PO Box 2839 San Francisco San Francisco, CA 94126-2839 California 94126.2839 Tel (415) 421-8332 Fax (800) 189-0464 www.deansholnoncom CA Lic.# 0300517' The City of Palm Springs 3200 East Tahguitz Canyon Way Palm Springs, CA 92262-6959 --Palicy:_-SL 2-8.7092-0 Insured: PALM SPRINGS LA THIS IS NOT A BILL. IF ADDITIONAL PREMIUM IS DUE, A BILLING STATEMENT WILL FOLLOW UNDER SEPARATE COVER 17