HomeMy WebLinkAboutA6024 - DESERT VALLEY BUILDERS ASSN INSTALL & MAINT COMM DIR SIGNS DOC # 2012-0047668
02/02/2012 09:24A Fee:NC
Page 1 of 7
RECORDING REQUESTED BY: Recorded in Official Records
CITY OF PALM SPRINGS County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
AND WHEN RECORDED MAIL TO: i llllll lllllll llll illli lllll llll lllllll 111 lllll llll llll
City of Palm Springs
P. O. Box 2743 S R U PAGE I SIZE DA I MISC LONG I RFD COPY
Palm Springs, CA 92263
Attn: Office of the City Clerk M A L 465 1 426 PCOR NCOR SMF N H �yexAm
t"W legAl OK FCr YLC." T: CTY UNI OLEO "lam/
Filing fee EXEMPT per Government Code 6103.
C
AGREEMENT FOR THE INSTALLATION AND MAINTENANCE
OF COMMUNITY DIRECTIONAL SIGNS IN THE
CITY OF PALM SPRINGS
NO. A6024
Between the
City of Palm Springs
and
Desert Valley Builders Association
Title of Document
THIS AREA FOR
RECORDER ' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
f '
AGREEMENT FOR THE INSTALLATION AND MAINTENANCE
OF COMMUNITY DIRECTIONAL SIGNS
IN THE CITY OF PALM SPRINGS
This Agreement is entered into by and between the City of Palm Springs, California, hereinafter
the"City", and the Desert Valleys Builders Association, a California nonprofit mutual benefit
corporation, hereinafter"DVBA", located at 34500 Gateway Drive, Suite 100, Palm Desert, CA
92211, with reference to the following:
A. The City has determined that there is a current and continuing need for the construction of
directional kiosks ("Sign Kiosks") at such locations throughout the City as may be authorized
by the Director of Community Development.
B. DVBA desires to manufacture, erect, maintain, repair as needed, and replace the authorized
Sign Kiosks as well as the directional panels to be mounted on them. Following receipt of
the herein requested approval by the City, DVBA will use commercially reasonable efforts to
enter into agreements to provide individual panels to its members as well as to other
developers and builders of housing developments.
C. City desires that DVBA encourage its members and others in the building industry to use the
Sign Kiosks contemplated herein as the primary method of directional advertising for
housing developments within the City.
NOW,THEREFORE,the parties agree as follows:
1. DVBA shall, within 45 days of issuance of a permit by the City, erect the authorized number
of Sign Kiosks and complete the installation of said signs at such locations as approved by
the City. The Sign Kiosks shall be manufactured in accordance with the following
specifications:
A. Each Sign Kiosk structure shall not exceed five feet in width and ten feet in height.
Individual directional panels shall be constructed so as to conform to the size and design
of the Sign Kiosk. In no event shall individual panels exceed 16 inches by 60 inches.
B. All directional panels mounted on a Sign Kiosk shall be of the same design and shall
match artwork approved by the Director of Community Development.
C. Each directional parcel content shall be limited to a directional arrow and the name of the
Builder or Developer and/or the name of the community or subdivision.
D. Each Sign Kiosk shall provide space for one directional sign panel indicating the location
of public buildings, public facilities or public services if so requested by the City,
including but not limited to such facilities as parks, schools and public buildings. The
City agrees to reimburse DVBA for its actual costs of producing and maintaining such
panels.
Page 1 of 3
761771.1 1111111IN11111IIU111111111111111111111111111 02�9' E0029Fh$4F
S
E. Attached hereto as Exhibit "A" is a diagram of the Sign Kiosk structure and individual
directional panels. All structures erected hereunder shall conform to this diagram.
F. Sign Kiosks shall be located in such manner as to not obscure vehicular sight-distance at
street intersections as determined by the Director of Community Development.
2. DVBA shall obtain Sign Kiosk right-of-way permits from the City as may be required.
Whenever possible,the City shall allow several sign locations to be combined on a single
permit.
3. In the event any Sign Kiosk is to be erected on private property, DVBA shall obtain the
written consent from the landowner for the installation and maintenance of the structure
including a provision giving the City the right to enter the property and remove the sign for
noncompliance with any City code. A copy of said consent shall be filed with the Director of
Community Development prior to City approval of the Sign Kiosk. Any private property
rental or license fees required shall be paid by DVBA.
4. DVBA agrees to reimburse the City for any costs reasonably incurred in administering this
Agreement.
5. It shall be the sole responsibility and liability of the DVBA to maintain,repair and/or replace
each Sign Kiosk or panel as necessary so that they remain in good condition and repair.
Additionally, at any time as the City may notify DVBA in writing that repairs are needed to a
particular Sign Kiosk or panel, DVBA agrees that it shall repair or replace said Sign Kiosk or
panel within five business days of its receipt of such written notice.
6. It is the intent of both parties that all off-site directional Sign Kiosks are to be installed and
maintained in accordance with the City's zoning ordinance and this Agreement. DVBA
further recognizes the City's desire to limit use of outdoor advertising for housing
developments, and agrees to use good faith efforts to discourage the use by DVBA's
members and other builders and developers of temporary signs, A-frame signs and any other
outdoor advertising devices erected, installed or maintained contrary to the City's ordinances.
DVBA agrees to use its best efforts with its members and others in the building industry to
secure maximum compliance with the City's ordinances and to avoid proliferation of
temporary or otherwise prohibited signs.
7. In the event that the Sign Kiosk program herein described is deemed to be prohibited by any
applicable law, all Sign Kiosks within the City shall be promptly removed and this
Agreement shall terminate without liability to the City. In the event that the City is made a
party to any suit seeking damages as a result of the removal of said Sign Kiosks and the
termination of the Agreement, DVBA shall indemnify and hold the City, its officials and
employees free and harmless of all costs, claims, and damages that may result there from.
Page 2 of 3
761771 IIIIIIIIIIIII IIIIIIIII IIIIIIIIIIIIIII III IIIII III III lie£4 5f e�,0 24H
8. DVBA agrees that it will not allow any third party to make addition to, or attach any tag,
sign, streamer, device, display board or other appurtenance to either Sign Kiosks or panels.
9. Throughout the term of this Agreement, DVBA agrees to maintain in full force and effect
property damage and public liability insurance covering the Sign Kiosks and panels attached
thereto in the amount of$1 million and shall name the City as an additional insured on said
policy.
10. In the event that it becomes necessary to physically move one or more of the Sign Kiosk
structures, DVBA agrees to promptly move said Sign Kiosk(s) at its sole cost and expense
and to reinstall it as such new location as directed and authorized by the City.
11. This Agreement shall automatically renew on a year-to-year basis, subject to the right of
either party to terminate this Agreement upon giving the other party at least 30 days written
notice of termination prior to the renewal date. City may also terminate this Agreement at
any time, without cause, by providing 30 days written notice of termination to DVBA. In the
event of a termination,the City shall have a 30-day right to purchase from DVBA all of the
Sign Kiosk structures and panels for an amount equal to DVBA's cost(s) thereof. If the City
does not exercise this right, DVBA agrees to forthwith remove any and all such structures
upon written notice from the City. If DVBA fails to remove such structures within 30 days
after the mailing of such notice,the City may remove any and all such structures left in place
and destroy them and the City shall not be liable for damages therefor.
12. No provision in this Agreement is to be interpreted for or against either party because that
party or its legal representative drafted such provision.
13. Any and all notices or other communications required or permitted by this Agreement or by
law to be served on, given or delivered shall be deemed served when personally delivered to
the party to whom it is addressed or in lieu of such personal service two days after deposited
in the United States mail, first class, postage prepaid, addressed as follows:
To the City: City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Director of Community Development
To DVBA: Desert Valleys Builders Association
34500 Gateway Drive, Suite 100
Palm Desert, CA 92211
Attn: Executive Officer
Either party may change its address for the purposes of this paragraph by giving written
notice of such change to the other party in the manner provided for above.
Page 3 of 3
761771.1 IIIIIIIIIIIIIIIIIIIIIIIIIIII Jill
IIIIIIIIIIIIIIIIIIIJill
nc,c21,20 0�f14esbza
14. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the
benefit of the parties hereto, their heirs, executors, administrators, successors and assigns.
15. The invalidity of any portion of this Agreement will not affect the validity of any other
provision or portion of this Agreement. If any term or provision of this Agreement or the
application thereof to any parry or circumstance shall,to any extent, be invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby and each term,
provision or part hereof shall be valid and enforceable to the full extent permitted by law.
16. This Agreement shall be construed in accordance with the laws of the State of California.
Dated: a City of Palm Springs
nn r By,.
IXT David H. Ready
Its: C k �Y\c nacr
�� James Thompson APPROVED BY CITY COUNCIL
�� A•aa•w
Dat �G a7®fie// Desert Valleys Builders Association
By:
l
James . Brownyard
is Tofu
APPRO AS
If
al City Attorney
Christina Petterutto
Page 4 of 3
761771.1 IIIII IIIIIII IIII IIII 11111111111111111111111111111111
02 nR 2FE1 4eFF24R
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of 70 I;ee_
.10 �// before me,
—�`' (Here insert W19,a title of the officer) I
?rsonaltv appeared \ )Fm(�1 Z-, 'i6.q6K)/4V &gp
who proved to me on the basis of satisfactory evidence to be the persono whose name($} is/afe subscribed to
the within instrument and acknowledged to me that he/shekhey executed the same in his/het dleir authorized
capacity(ies),and that by his/ho;Aeir signatureKon the instrument the person(s),or the entity upon behalf of
which the person( 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.
W'DOBBS
WITNESS m hand and official seal. cowl.t a CALFO
Y ® � - tioTnRr Pu��c•CPLIFgRNW�
i// X RIVERSIDE cotirm
NCalnnissimEt�ireOEB.21,2012
Nuauwa
Signature of Notary Public {Notary us
i
I
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document The only exception is if a
doewment it to be recorded onside of California.In such instances,any alternative
Title or desert acknowledgment verbiage as may be printed on such a document so long as the
( pion of attached document) verbiage does ,at require the notary to do something that is illegal for a notary in !
California(i.e. certifying the authorized capacity of the signer). Please check the !
(Title or description of attached document Continued)
document carefndly for proper notarial wording and attach this form ifrequired.
Number of Pages Document Date - State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
- Date of notarization must be the date that the signals)personally appeared which
must also be the same dare the acknowledgment is completed.
(Additional information) - The notary public mum pint his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
- Print the name(s) of document signer(s) who personally appear at the time of
notarizatiorn
CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
❑ Individual(s) Wshe/they is/are)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording
❑ Corporate Officer - The notary seal impression must be clear and photographicallyr moducible.
�
Impression must not cover test or lines. If seal impression smudges, re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Parmer(S) - Signature of the notary public must match the signature on file with the office of
the county clerk.
ElAttomey-in-Factr Additional information is act required but could help to ensure this
❑ Trustee(S) acknowledgment is rwt misused a attached to a different document.
El Ofher -0 Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer. if the claimed capacity is a
•• corporate officer,indicate the title(ix.CEO,CFO,Secretary). .'
- Securely attach this document to the signed document
2008 Version CAPA vl2.10.07 800-873-9865 w ww.NotaryClasses.com _ IIIII IIIIIII IIII III III I II I IIIII II II II II III `2/02/2 12 F7q 24Fi
EXHIBIT "A"
i i
PALM SPRINGS
13"
NewHorneslnTheDesert.corn
T
MOUNTAIN GATE '
9"single
T
16"double
100"
AT SUNRISE
4"x 6"
posts
Ili IIIIIII IIIIIII IIII IIIII IIIII IIII IIIIIII III IIIII IIII IIII 9c Ic.e 2 Gq 24A