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HomeMy WebLinkAboutA5912 - PLAZA VILLAS OWNERS ASSOCIATION CROSS-USE AGR RE JACKIE LEE HOUSTON PLAZA PROPERTY AND VICINITY CROSS - USE AGREEMENT 1 This Cross - Use Agreement ("Agreement") is made this _L_ day of�W , 2009, by and between the City of Palm Springs, a charter city under the laws of the State of California ("City') and Plaza Villas Owners Association, a 'non-profit homeowners' j association ("PVOA"). RECITALS A. City and PVOA are sublessees of land generally located within the block bounded by East Amado Road on the north, North Calla Alvarado Road on the east, East Andreas Road on the south, and North Calla El Segundo on the west. The City subleased portion of the property is identified on the attached Exhibit "A" to this Agreement and is generally described as a triangular shaped property located between East Amado Road on the north, North Calla Alvarado on the east, and the property line shown on Exhibit "A" on the south and west. The PVOA and the resident condominium owners and members of the PVOA own the sublease to the remainder of the property. B. The City and PVOA desire to grant each other exclusive rights to access, manage, use, and maintain certain portions of their respective subleases at no cost and for the duration of terms of the subleases. CROSS - USE NOW, THEREFORE, in consideration of the mutual promises set forth below, City and PVOA agree as follows: Section 1. Grant of Use. (a) Grant of Use to City. PVOA grants to City at no cost an exclusive right to access, improve, manage, use, and maintain, a portion of the PVOA common area within its sublease, described as area "A" as depicted on the site plan attached to this agreement as Exhibit "A." The City shall develop, use, and maintain this area "A" at its sole cost as a part of the Jackie Lee Houston Plaza to be developed on the remainder of the City subleased property as shown on Exhibit"A-" (b) Grant of Use to PVOA. City grants to PVOA at no cost an exclusive right to access, improve, manage, use, and maintain, a portion of the City subleased property, described as area "B" as depicted on the site plan attached to this agreement as Exhibit "A." The PVOA shall use and maintain this area "B" as part of the PVOA's common area and this area "B" shall be used and maintained in its current condition as landscaped open space, including walkways and sidewalks associated with and servicing the PVOA condominiums. (c) Term. The term of this Agreement shall become effective upon execution of both parties and shall expire on the termination of the City sublease or the PVOA sublease, whichever event occurs first, unless sooner terminated. Page 1 of 6 .1 607214 g ' I ! Section 2. Additional Obligations. k (a) City will install a 6'foot high welded iron and painted fence at its sole cost along the entire perimeter of the hedgeline and/or property line as shown on Exhibit "A." ( City will be responsible for all fence maintenance and repair following original installation. City will tie in the new fencing to PVOA's existing.walls/fences leaving no openings. City will allow PVOA and its authorized agent(s) to have access to the City side of the fence for purposes of maintaining and repairing existing PVOA landscaping on the other side of the new fence. II (b)At its sole cost, City will demolish and remove the sidewalk and curbing, remove I and grade existing landscaping and berm, and install a driveway, as the new driveway from East Andreas Road at the location as identified on Exhibit "A-" The new driveway shall be paved with asphalt and extend to the existing PVOA parking lot. Further, City shall provide a concrete entrance, sidewalk and curb/gutter at the new East Andreas Road entrance- City shall also install conduit for new gate electrical wiring and telephone lines for a new keypad/enunciator panel for the installation of a new gate at or adjacent to the new driveway location at its sole cost. (c) City will coordinate gate relocation from the current North Calle Alvarado location to the East Andreas location with PVOA and its contractor. City shall complete the improvements described in Section 2(b) and the gate to be installed at the new East Andreas Road location shall be completed before the demolition and removal of the existing driveway and gate at North Calle Alvarado. Prior to any work starting on area "A," City shall coordinate with PVOA's landscaper the capping-off of existing irrigation equipment. (d) PVOA will remove the gate improvements, including without limitation card reader, gate openers, gate sensors, and all retrievable equipment and fixtures at the North Calle Alvarado driveway. (e) PVOA and its contractor will coordinate with City and City's contractor on the installation of conduit by the City and PVOA's installation of the electrical and telephone services, under pavement sensor installation, new asphalt tie in to the PVOA parking lot at the point where the new driveway connects to the existing parking lot, and the installation of the new gates and installation and connection to appropriate gate software. At its sole cost, PVOA will be responsible for the installation of the improvements and the work covered by this Section 2(e). (f) PVOA grants City the right to remove the tree and stump long East Amado at the property line between the PVOA and City subleased properties- Section 3. Nature of Uses Permitted of the Pro e - (a) Operations of City. City shall be responsible for the supervision and management of every aspect of the Jackie Lee Huston Plaza, including without limitation area "A" and shall perform all operations in a competent manner in accordance with all Page 2 of 6 6072.14.1 - J applicable laws and regulations, including the City's Municipal Code. City shall obtain, at its sole cost and expense, all governmental permits and authorizations i of whatever nature required by any governmental agencies having jurisdiction over I Citys use of area "A." (b) Operations of PVOA. PVOA shall be responsible for the supervision and management of every aspect of the PVOA condominium project, including without limitation area "B" and shall perform all operations in a competent manner in accordance with all applicable laws and regulations, including the City's Municipal Code and the governing documents for PVOA. PVOA shall obtain, at its sole cost and expense, all governmental pen-nits and authorizations of whatever nature required by any governmental agencies having jurisdiction over PVOA's use of area "B." (c) Condition of Property. City and PVOA accept their respective exclusive use areas in their present condition, "as is", upon execution of this Agreement. Neither the City nor PVOA make any warranty of the suitability of,the Property for any specific use and expressly disclaim any warranty or representation with regard to the condition, safety;security, or suitability for any intended use of the subject areas. (d) No Encumbrance. Nothing in this Agreement shall be deemed to create an encumbrance on the any portion of the subject areas and each parry to this - agreement remains the owner of their respective sublease interests subject to the cross-use provisions provided in this Agreement. Section 4. . No Assignments, The City or PVOA may not assign, sublet, pledge, or otherwise transfer its interest under this Agreement without the prior written consent of the other party. Any attempted assignment, sublet, pledge, or transfer made in violation of this provision shall be null and void_ Section 5. Time of the Essence. Time is of the essence of each and every provision, covenant, and condition herein contained. Section 6. Early Termination. This Agreement may be terminated for any reason by either party following one (1) year written notice. In the event of such termination, all aspects of this Agreement shall terminate and all rights provided under this Agreement shall terminate. Each party shall surrender its respective right to access, manage, use, and maintain the exclusive use area granted to it by the other party. Before the termination date, each party shall have already completed all improvements contemplated under this Agreement and paid the cost of all improvements for which they are 'responsible under this Agreement. Page 3 of 6 607214.1 9 1 Section 7. Notices. I Any notice required to be given under this Agreement shall be in writing and shall be deemed to have been duly given and received if and when personally served, or forty-eight (48) hours after being deposited in the United States mail, first class, postage prepaid, addressed to the intended party at: City of Palm Springs: City Manager City of Palm Springs 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263 PVOA: ` Plaza Villas Owners Association c/o Desert Management 42427 kancho Mirage Lane Rancho Mirage, CA 92211 Section 8. Attorneys' Fees. If either party commences action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorneys fees and costs of suit. Section 9. Indemni (a) City shall defend, indemnify, and hold harmless PVOA, and its respective directors, officers, employees, agents, and residents from and against any and all actions, claims, demands, losses, costs, expenses, including legal costs and attorneys fees, for death or injury to persons or damage to property relating to area "A" and what will become "Jackie Lee Houston Plaza" as depicted in Exhibit "A" to this Agreement, but excluding area "B" of Exhibit "A," or for the pollution thereof and cleanup costs, arising out of or related to Citys use of area "A," except to the extent of such loss as may be caused by PVOA's sole negligence, including that of their respective officers, employees, agents, or residents. (b) PVOA shall defend, indemnify, and hold harmless City, and its respective elected officials, officers,_employees, and agents, from and against any and all actions, claims, demands, losses, costs, expenses, including legal costs and attorney's fees, for death or injury to persons or damage relating to area "B," or for the pollution thereof and cleanup costs, arising out of or related to PVOA's use of the Premises, except to the extent of such loss as may be caused by Citys sole ;negligence, including that of its respective officials, officers, employees and agents. Page 4 of 6 sor'n-i i y i Section 18. Entire Agreement. The terms in this Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. This Agreement shall only be modified by a written amendment executed by the parties. i I Page 5 of 6 607214.1 i IN WITNESS WHEREOF, City and PVOA have caused this Cross-Use Agreement to be executed on the date and year first written above. . PV9A By: ! z- CITY OF PALM SPRINGS, A Califomia charter city City Manager ATTEST: APPROVED BY CITY COUNCIIL. ty Clerk //// APP Ofg TO FOR City Attoro ey a Page 6 of 6 607214.1 1 f � 1 City Portionit i 1 Il I Plaza Villas Portion { -. ._.._ ..-._,.mob.- _..._-SOVLOE pJ n —o-. F.A} Q' '.'16'N --hXAG '3F-BC'RIhIC ._ d=. o- . _. ._. BOULUEB . MONVMENi' r SIGN LOCATION ALVARADO ROAD SIGN LOCATION } -- + • • Jackie Lee Houston Plaza At The Palm Springs Convention Center P.O.BOX566B Palm.Springs, CA 120 Wikel 5lree[,Suka SE S1elellne,RBwcra 89449.5666 Overall Project Map Cross-Use Agreement Exhibit (776{6884929 DrawnlChecRed P Num. Date Sheet Scale Fec•'mile(776}588-1559 4 Plaza Villas & Jackie Lee Houston Plaza 595 1015F2CU9 '!OF2 5'.@YA'