HomeMy WebLinkAbout04652 - FREDERICK GEORGE GILMAN ENCROACHMENT LIC 382-398 NPC Page 1 of 1
Cindy Berardi
From: Cindy Berardi
Sent: Wednesday, December 31, 2008 11:52 AM
To: Felipe Primera
Subject: Status of 1 Encroachment 1-101 Encroachment Agr-
Follow Up (Flag: Follow up
Flag Status: Red
Hi Felipe,
Agreement#4652 is attached and as far as I can tell the ownership has changed twice since the Encroachment License was
issued. I can't find where we've issued a new license to a subsequent owner and I'm wondering what the procedure is to pursue
the current owner.
I've also attached agreement#5024 which is an Outdoor Dining Encroachment Agreement and, according to Carl in business
license, he has no current licensee at the address indicated in the agreement. Would someone in Engineering do a field check on
it or maybe someone in Code Enforcement?
I'm not sure what the procedure is but, I need to get to the bottom of the current status on both of these contracts with the City.
Thank you for your assistance.
Cindy ff)crardi
Dcp,ty City CI«I
Officc of the C;t-q cicrk
City of Palm Springs
P. C. Box 2743
Palm Springs, CA 92262
(760) 322-8355
Cindy.Berard i@paImspringsca..gov-
12/31/2008
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Recorded .in Official Records
County of Riverside
FREE RECORDING REQUESTED BY Gary L. Orso
AND WHEN RECORDED MAIL TO: Assessor, County Clerk 6 Recorder
PCITY.O. Boxp22.77435PRTNG9 1111111111111111111111111111111111111111111111111111111
Palm Springs, California 92263-2743 rn s u PACE sir- oA PCOR NCCOP WSMFMISC.Attn: City ClerkEngineering Division
r'
A ^^R LCOPT LONG REFIINC NCHC �
ENCROACHMENT LICENSE
(ALL PROPERTIES OTHER THAN INDIVIDUAL RESIDENTIAL PROPERTIES) M
THIS ENCROACHMENT LICENSE (the "License" ) is entered into AM
this loth day of August, 1999 , by and between Frederick George
Gilman, Trustee of the Frederick George Gilman Revocable Living
Trust, ( "Licensee" ) and the CITY OF PALM SPRINGS, a municipal
corporation ( "City" ) -
R E C I T A L S :
A. Licensee is the owner of that certain real property
located in the City of Palm Springs, County of Riverside, State of
California commonly known as 382-398 Palm Canyon Drive North, Palm
Springs, CA 92292 , (APN 513-081-022) , more particularly described
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 depicted on Exhibit
"'H" ( "City Property" ) .
C. Licensee desires to construct a (n) covered walkway with
14 inch square wood columns and colored concrete base along the
Palm, Canyon Drive North frontage which will encroach on the City
property in the location depicted on Exhibit "B" attached hereto
and incorporated herein by reference (the °Encroachment" ) -
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 - 0 License . The City hereby grants a License to Licensee
to construct the Encroachment upon all cf 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 the city that 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
Frederick George Gilman
1 Encroachment License
AGREEMENT t#4652
R19654, 9-15-99
Department of Building and Safety before Licensee commences
performance of any work on Licensee commences performance of any
work on Licensee Property.
4 . Maintenance. Licensee skull 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 . 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 will submit a bill to Licensee
who will promptly reimburse City for such work performed.
5 . Erection and Maintenance of Safety Provisions . Licensee
shall, in connection with the construction and maintenance of the
Encroachment, provide, erect, and maintain such lights, barriers,
warning signs or other safeguards as are reasonably necessary to
protect anyone utilizing the City Property for whatever reason.
In the event that the City determines that suitable safeguards are
not being provided, the City may, after reasonable notice to
Licensee, provide, erect and maintain such safeguards . If the
City provides the safeguards pursuant to this Paragraph 5 , City
shall submit a bill to Licensee, and Licensee shall immediately
reimburse City for such work performed.
6 . 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 therefrom;
(c) in the event the City, its officers, agents or
employees is made a party tc 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 .
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7 . Covenants Running 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 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 . Insurance.
8 . 1 Insurance Requirement. During the entire term of
this License, Licensee agrees to procure and maintain public
liability and property damage insurance, at its sole expense, in
an amount not less than ONE MILLION DOLLARS ($1, 000 , 000) combined
single limit, insuring against all liability of Licensee and its
authorized representatives arising out of and in connection with
the Encroachment or Licensee ' s use of the Encroachment _ Such
public liability and property damage insurance shall also provide
For and protect the Licensor against incurring any legal cost in
defending claims for alleged .loss _
8 . 2 Primary Policy; Additional Insured. All such
insurance as required by this Section 6 shall be primary insurance
and shall name the City as additional insured.
8 . 3 Insurance Increase. Not more frequently than. one
(1) time every three (3) years, if, in the opinion of the City
Manager or the City' s insurance broker, the amount of public
liability and property damage insurance coverage at that time is
not adequate, the City Manager may require modifications to this
coverage.
8 .4 Insurance Company. All insurance required under
this Section 8 shall be issued by an insurance company authorized
to do business in the State California, with a financial rating of
at Least A-3A status as rated in the most recent edition of Best ' s
Insurance Reports or such comparable report should Best ' s
Insurance Reports no longer be available _
8 . 5 Modification or Cancellation of Policy. All
insurance required pursuant to this Section 8 shall contain an
endorsement requiring thirty (30) days written notice from the
insurance company to both parties before cancellation or change in
the coverage, scope, or amount of any policy. Each policy, or a
certificate of the policy, together with evidence of the payment
of premiums, shall be deposited by Licensee with the City at the
commencement of the term, and on a renewal policy not less than
twenty (20) days before expiration of the term of the policy.
9 . Termination. This License is terminable at such time
when the City reasonably determines that the City Property or any
part thereof will be used for a purpose which is nonconductive to
the Encroachment, including but not limited to, construction,
reconstruction or maintenance of the City Property. Upon making
such determination, City shall give notice to Licensee that the
License is thereby terminated (the "Termination Notice" ) . Upon
termination of the Encroachment, Licensee shall remove the
Encroachment and restore the City Property to its former
condition, at Licensee ' s sole cost and expense, within ninety (90)
days following the Termination Notice . In the event Licensee
fails to remove the Encroachment and restore the City Property
within said time period, the City shall have the right to do so
without notice to the Licensee by the City. Licensee shall
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without notice to the Licensee by the City. Licensee shall
immediately reimburse the City for all out of pocket expenses
which were expended in order to remove the encroachment and
restore the City Property. Said amounts shall accrue interest
from the date expended by the City at the maximum legal rate of
interest .
10 . 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 :
To City: City of Palm Springs
PO Box 2743
Palm Springs, CA 92263-2743
Attn: Engineering Department
Planning and Building Department
With Copy to : Ratan & Tucker
Post Office Box 1950
Costa Mesa, CA 92628-1950
Attn: David J. Aleshire, Esq.
Licensee _ Frederick George Gilman
P .O. Box 3413
Palm Springs, CA 92263
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 . 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 _ successors and Assigns . All rights and obligations
created by this License shall be appurtenant to and shall run with
the License 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 . 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 . Governing Law. This License shall be governed by and
construed in accordance with the laws of the State of California.
15 . Severability. The invalidity or unenforesability of any
provision of this License 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 _
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16 . 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 the city that their use of the Licensee Property
and the City Property shall be benefitted and/or restricted in the
manner herein described.
17 . Counterparts. This License may be executed in any
number of counter parts, each of which shall constitute an
original .
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IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date first set forth above..
Frederick George Gilman Trust
"LICENSEE"
By
Frederick George Gilman
Its : �/Ls.Cr 7-
Trustee
(Licensee shall have signature notarized)
ATTEST: Cimunicipal
PALM SP INGS,
a cc p ation
By: H
ity lert y Mana r
?Nvc;[.:w A- SaN dc.Es b YJ. �j}K•NS
APPROVED AS TO FORM:
Rutan & Tucker
APPROVED BY THE CITY COUNCIL
city orney
BY RES. NO. I -�
APPROVED BY CITY COUNCIL:
By:
Its :
Resolution No. : ( J�
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STATE OF CALIFORNIA)
SS .
COUNTY OF RIVERSIDE) 11
On A Q G V '5-r 11, 19RI before me,
Notary Public, personally appeared reAer,'j CGr?Of'SP_ G,� yxq,h
nown X proved to me on t basis of
satisfactory evidence to be the
person O whose name (-,) is awe
subscribed to the within instrument and
acknowledged to me tha e she�Lt4�
executed the same in his
horized capacity (�e�) , d that by
his k �i-x signature ts�- on the
instrument the person (s_) , or the entity
JDDITH A. NICHOL5 upon behalf of which the person (s)
Comm.#1097508 N acted, executed the instrument .
N NOTARY PUBLIC-CALIFORNIA ..
Rrversnio County WITNESS m hand and official seal .
Ely Comm. Expires MY 21,2000 1y
r
NOTARY SIGNATURE
(SEAL)
STATE OF CALIFORNIA)
SS.
COUNTY OF RIVERSIDE)
On before
Cs�4rdlnEKJc� /Yn�IE'i u/ r
d t '
� L� n
N tart' Public, personally appeared /,7/�z,�� x Cie �121• ,
personally known to me GRE4--px�vecr- to �,�
-sat te'�-- to be the
person (6) whose name ( is/(�a
subscribed to the within instrument and
acknowledged to me that he/sh%
executed the same in his/her/ e
r EL INE COMm WE 69'14 � authorized capacity ies and that by
O COMM.;R 1206964
(, -� - NOTARY PU9LICGCALIFORNIAO his/he ezr_-5 signat-r�ure� on the
RIVERSIDECOUNW n instrument the person O , or the entity
• COMM.E7CP.FEB.3,2W3 ' upon behalf of which the person (Qj
acted, executed the instrument .
WITNESS my hand and official seal .
C r
NOTARY' S SIGNATURE
(SEAL)
1999-169962
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EXHIBIT "A""
DESCRIPTION OF LICENSEE PROPERTY
Lot 5 in Block 24 , Palm Springs, in the City of Palm Springs,
County of Riverside, State of California, as shown by map on file
in Book 9, Page 432 of Maps, San Diego County records .
Except the easterly rectangular 145 feet thereof .
Also except the north 25 feet of the westerly rectangular 145 . 5
feet thereof .
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DEPICTION OF CITY PROPERTY AND ENCROACHMENT
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