HomeMy WebLinkAboutA6263 - MEDIAN ISLAND IMPOVEMENT AGREE W/MORAN DONENFELD MEDIAN ISLAND IMPROVEMENT AGREEMENT
Date: May 17, 2010
Parties:
CITY OF PALM SPRINGS, a California charter city ("City"),
PO Box 2743, "
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Richard Moran ("Applicant")
325 W. Mountain View Place
Karen Moran ("Applicant')
325 W. Mountain View Place
J, Douglas Donenfeld ("Applicant")
255 N. Via Las Palmas
Collectively, the Applicants are referred to as "Applicants."
Median / Medians: The medians as described in Exhibit A.
Median Improvements: The improvements approved by the City's Public Works Director
pursuant to the provisions of this Agreement.
Recitals:
A. City owns and maintains the medians in a manner consistent with general
street maintenance standards of the City. City contracts with a private Landscape
Contractor("City's Contractor") to maintain the median.
B. Applicants are owners of property in the neighborhood of the medians. The
Applicants desire that the medians be improved in a manner that exceeds the level of
improvement that exists on the date of this Agreement.
C. Applicants are willing to pay the cost of the preparation and review of plans for
the improvement of the medians and the cost of the installation of the improvement.
D. The City is willing to allow the improvement consistent with the terms of this
Agreement.
Agreement:
1.0 License. The City hereby grants to Applicants a temporary license to construct the
Median Improvements pursuant to the terms of this Agreement, valid until September 3,
2010. Applicants shall retain a licensed contractor(Applicants' Contractor")to perform the
work authorized pursuant to the provisions of this Agreement.
2.0 Covenants.
2.1 In General. Applicant agrees to construct the Median Improvements listed in
Exhibit A in accordance with Chapter 14.16 of the City of Palm Springs Municipal Code, as
amended from time to time. The Applicants' Contractor shall secure all applicable
construction or encroachment permits as may be required from the Public Works
Department and comply with the requirements of Chapter 14.16 of the Palm Springs
Municipal Code, as amended from time to time, except that there shall be no charge for
such permits.
2.2 Plans and Specifications. Applicants or the Applicants' Contractor shall
submit plans and specifications for the Median Improvements. The Plan and Specifications
shall be submitted to the Public Works Director for review and approval and all work
performed shall be in strict conformance with the approved Plan and Specifications.
3.0 No Duty to Maintain. Nothing in this Agreement shall be construed as providing any
duty on the City or the City s Contractor to maintain the Median Improvements beyond the
current level at the cost of$2,640; and no duty of any kind shall be deemed to exist between
the Applicants and the City as a result of this Agreement. Nothing in this Agreement will
obligate the City to make any improvements to any infrastructure servicing such Medians.
The City reserves the right to modify, alter, or remove any Median Improvements that the
Public Works Director of the City determines is a threat to public health or safety.
4.0 Termination. The Agreement is terminable with or without cause by the City
Manager at any time.
6.0 Miscellaneous.
6.1 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 6.1.
6.2 Attorneys Fees. In any action between the parties hereto seeking
enforcement of this Agreement, or in connection with the License or the Permit, the
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prevailing party in such action shall be entitled to have and to recover from the other party its
reasonable attomeys'fees and other reasonable expenses in connection with such action or
proceeding in addition to its recoverable court costs.
6.3 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.
6.4 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
6.5 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 enforceability of any other provision hereof or the same provision
when applied to another party or to a different set of circumstances.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Applicants:
Richard Moran Date
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Karen Moran Date
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ouglas 11prienfeld Date
City of Palm Spri s:
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David Barakian, City Engineer Date
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