HomeMy WebLinkAbout04656 - GRANNY'S PIES OF PALM SPRINGS OUTDOOR DINING ENCROACHMENT AGR AT 2100 NPC Page 1 of
Cindy Berardi
From: Carl Sessoms
Sent: Monday, January 05, 2009 3:40 PM
To: Cindy Berardi
Subject: RE: Can you look up the licensee at a particular address, please?
This building has several suite numbers so there are nuznerous businesses cutTently at this address. I don't currently
show a business in the suite#101 which Granny's occupied. Hope this helps.
Carl E Sessoms.Account Specialist
Business License Division
220 of Palm Springs �\ 1 1 C L p c✓
„288 E.Tahquitt Canyon Way \\
Palm Springs, CA 92262 \� �(� V�
7BD-E23.8289 L ��/ V� k
780-322.SN FAX S
Carl Sessomsppalmsprings-ce gov 5�� (�
www.palmsprings-ca gov V` V
�o o�,J
From: Cindy Berardi
Sent: Monday, January 05, 2009 2:46 PM
To: Carl Sessoms
Subject: RE: Can you look up the licensee at a particular address, please?
So you have no business licensed at that address now?
Thank you.
Cm❑J 5crni-Ji
D�FL,ty Clq Clcrk
OFRcp of the C-AR j C-Irrl
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92262
(760) 322-8355
Cindy.Berardi o✓7 alms ringsca.aoy
From: Carl Sessoms
Sent: Wednesday, December 31, 2008 5:00 PM
To: Cindy Berardi
Subject: RE: Can you look up the licensee at a particular address, please?
This business was closed out in our system in April 24, 2002, 20000164 was the Business License Tax Registration
number_
Carl E Sessoms,Account Specialist
Business License Division
City of Palm Springs
3200 E.Tahquitt Canyon Way
Palm Springs,CA 92262
1/5/2009
Page 1 of 1
Cindy Berardi
From: Carl Sessoms
Sent: Wednesday, December 31, 2008 5:00 PM
To: Cindy Berardi
Subject: ICE: Can you look up the licensee at a particular address, please?
This business was closed oat in our system in April 24, 2002. 20000164 was the Business License Tax Registration
nuunber.
Carl E Sessoms,Account Specialist
Mimes License Division
City of Palm Springs
3200 E f ahgwtz Canyon Way
Palm Springs,CA 92262
760.323-8289
760.322-8344 FAX
Carl Sessomslpalmsprings-ca gov
www.palmsprings-ca.gov
From: Cindy Berardi
Sent: Wednesday, December 31, 2008 4:31 PM
To: Carl Sessoms
Subject: Can you look up the licensee at a particular address, please?
It's me again, Carl. The Engineering Department issues Encroachment Licenses/Permits for outdoor dining and other
occurrences in the public right-of-way and usually there are insurance requirements associated with the licenses/permits that I am
now responsible for overseeing. In bringing myself up to speed on the status of these types of arrangements I'm finding things
rather out of date. Before I contact these different businesses about the need for current insurance indemnifying the City I need to
be sure the businesses are still in operation. This brings me to you. (I just wanted to give you a little background so you'll know
why you are hearing from me more often than you have in the past.)
Do you have a current license issued af[2100 N. Palm Canyon Drive? The Encroachment Agreement I have is for Granny's Pies
or Palm Springs and it was executed in 2000. Thank you, Carl.
(jncly 5crardi
Depu4,.q Glty C lcrl
orrice of rl,.C_it,i ciarl<
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92262
(760) 322-8355
Cindy_Berardi palmsprinn sca. ov
1/5/2009
Doc 49 2000-0712sa2
02/28/2000 08:00A Fee:NC
Page 1 of 11
-DING REQUESTED BY Recorded in Official Records
RECORDED MAIL TO: RECEIVED County aF Riverside
Gary L. Orso
Assessor, County ICIleerkl S Recorder
x 2 PPALM SPRINGS APR I a 2000 I IIIII IIII�I IIII I I AA I III III III III I�
.a Springs, CA 92263-2743
Atcn: Engineering DivisionRISK MANAGEMENT
City Clerk
M S ❑ 11 PAGE SIZE DA I PCOR NOCOR 9MF MI9C
A R L COPY IONC RENNC NCHG ExlN�
OUTDOOR DINING ENCROACHMENT AGREEMENT RV!
THIS ENCROACHMENT AGREEMENT ("Agreement" ) is entered into this AK
26th day of January, 2000, by and between Don Welty d/b/a Granny' s
Pies of Palm Springs, ( ".Applicant") , whose address is 2100 Palm Canyon
Drive North, Palm Springs, CA 92262, and the CITY OF PALM SPRINGS, a
municipal corporation ("City" ) , whose address is PO Box 2743 , 3200 E.
Tahquitz Canyon Way, Palm Springs, CA 92263, .Attu: Department of
Building and Safety.
R E C I T A L S:
A_ Applicant is the owner of that certain real property located
in the City of Palm Springs, County of Riverside, State of California
commonly known as 2100 Palm Canyon Drive North, Palm Springs,
California 92262, (APN 504-270-015) , more particularly described on
Exhibit "A" attached hereto and incorporated herein by reference
( "Applicant Property") . 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 in Exhibit "B"
hereto ( "City Property") .
B. Applicant desires to c;zstruct or maintain a (n) 12 chairs
and 3 tables with umbrellas anchored with bases per City of Palm
Springs Std. Dwg. No. 910, or equals to be placed in the public right-
of-way more specifically described in Exhibit "C" hereto on the City
property ("Encroachment") . City has agreed to grant to Applicant 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 Applicant executes this Agreement.
NOW THEREFORE, the parties hereto agree as follows :
1 . 0 License. The City hereby grants to Applicant a license
revocable or relocatable with or without cause at any time by the City
to construct and/or maintain the Encroachment upon all of the terms and
conditions of the Permit and this Agreement ( "License") .
2 . 0 Covenants.
2 .1 In General . Applicant hereby agrees to construct,
maintain, relocate and remove the Encroachment in accordance with
Chanter 14 .16 of the City of Palm Springs Municipal Cade, as amended
from time to time.
2 .2 Maintenance. Applicant shall maintain, repair and
replace the Encroachment and the City Property so as to keep the
Encroachment and such area in a neat, clean, first class condition and
in good order and repair, free of weeds, trash and debris at all times.
All tables, chairs, or other items shall be kept in a clean, sate
condition, and shall not be placed in a manner that impedes or prevents
1
0
pedestrian traffic. In the event Applicant does not maintain the
Encroachment and the City Property as required herein, the City may
terminate the License as more particularly provided in Section 3 . 0 .
2 . 3 Indemnity. Applicant 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) applicant 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) applicant will promptly pay any judgment rendered
against the City, its officers, agents or employees for any
such claims or liabilities and .Applicant 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 to any action or proceeding filed or
prosecuted against Applicant for such damages or other
claims arising out of the location, construction,
maintenance, relocation or removal of the Encroachment,
,Applicant 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 .
2 .4 Covenants Running With the Land. The covenants and
restrictions by Applicant set forth in this Agreement : (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
,Applicant and every person having any fee, leasehold or other interest
in any portion of the Applicant 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.
3 . Insurance,
3 .1 Insurance Requirement. During the entire term of this
License, Licensee shall 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 .
3 .2 Primary Policy; Additional Insured_ All such insurance
as required by this Section 6 shall be primary insurance and shall name
the City as additiopal insured.
3 . 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
2
11111111111111111111111111111111111111111111111111111111 0E 28e2 of108�80R
property damage insurance coverage at that time is not adequate, the
City Manager may require modifications to this coverage_
3 .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.
3 . 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.
4 . 0 Termination. The License is terminable with or without
cause by the City at any time_ Applicant shall remove the Encroachment
and restore the City Property to its former condition, at Applicant ' s
sole cost and expense, within thirty (30) days of written notice from
the City. In the event .Applicant 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 . Applicant shall immediately
reimburse the City for all out of pocket expenses expended to remove
the Encroachment and restore the Property. Said amounts shall accrue
interest from the date expended by the City at the maximum non-usurious
interest rate permitted by law.
5 . 0 Miscellaneous .
5 . 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 4 . 1 .
5 .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 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 .
5 .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_
5 .4 Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
5 .5 Severabili.ty_ 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.
5 . 5 Recordation.. This License shall be recorded in the
Office of the County Recorder, Riverside County, California, and it
3
IIIII II III III I I I II I II II I II II I I e2res00 of 11 ear o
3 £ 11
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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first set forth above .
Granny' s Pies of Palm Springs
0'-� 4
Don Welty
"Applicant"
(APPLICANT MUST HAVE SIGNATURE NOTARIZED)
CITY OF PALM SPRINGS, a
municip corporation
By:
City Engineer
"City"
(CITY ENGINEER MUST HAVE SIGNATURE NOTARIZED)
APPROVED AS TO OWNERSHIP & LEGAL
DESCCR{-IPTION
By: /�'G�1/74G UQhi7/ri
(NOTARY STATEMENTS ON FOLLOWING PAGE)
4
II I IIII I I III III II III 111111111111111111111111 82 zees o rl 11
ag�oOR
STATE OF CALIFORNIA)
SS.
COUNTY OF RIVERSIDE) - f I p
On �aY) oCL ^� � (a , �000 before me, � Ic �1 ,-H� �. N�C� o�S Nnar�] ubl� c
date , f I
personally appeared �
_ 0 V1 W P_ � T 4
X proved to me on the basis of
satisfactory evidence to be the person whose
name is subscribed to the within instrument
and acknowledged to me that he executed the
JUDITH A. NICHOLS same in his uthorized capacity, and that by
Comm. M 1097508 his signature on the instrument- the person,
'-� NoraAy pUBL1c-CALIEOANIA or the entity upon behalf of which the
I„aver:mc Counry person acted, executed the instrument .
m EY11111S M1 y 21 2000
Wi ness my hand and official seal .
Signatu e cf Notary
(SEAL)
STATE OF CALIFORNIA)
SS_
COUNTY OF RIVERSIDE)
On , / c) before me,
-'date
personally appeared i ,
'Ei personally known to me
sat ks � x e rsde�ree to be the person(
whose name (p) are subscribed to the
within _ . strument and acknowledged to me
that 2� she/they executed the same in
r ELAINEL,WEDEKIND3 Cil=a/her/their authorized capacity(ie��}, and
U coMM. +2osss4 yCr�� / g(� -� - NOTARY PUBLIC-CALIFORNIAO that b is er their si nature ( on the
RIVERSIDE COUNTY 0 instrument the person( ) , or the entity upon
GOMM-EXP.FEB.3,20031 behalf of which the person( acted,
executed the instrument.
Wi ess my hand and officiayl seal .
S gn tune of Naf r
(SEAL)
5
IIIIII IIIIII IIIIII IIII I IIIII IAllll l A�II IIII III ez za02 e£1 11
0s?00P
0
STATE OF CALIFORNIA)
SS.
COUNTY OF RIVERSIDE)
On before me,
date
personally appeared
❑ personally known to me OR ❑ proved to me on t h e 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/her/their authorized capacity(ies) , and
that by his/her/their signature (s) on the
instrument the person (s) , or the entity upon
behalf of which the person (s) acted,
executed the instrument.
Witness my hand and official seal .
Signature of Notary
(SEAL)
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IIII�IIIII III�II IIII IIII IIII II�IIII III IIII IIII(IIII 02 Ze8 0of� 11
082B0fl
EXHIBIT "A""
LEGAL DESCRIPTION OF OWNER/APPLICANT PROPERTY
NW portion of the west 1/4 of 0 . 86 Acres more/less in Por . SE 1/4 of
Section 3, T 4S, R 4 E. 2100 Palm Canyon Drive North, Suite B101 .
Also shown on Record of Survey recorded March 23 , 1989 in Book 83 , Page
32 of Records of Survey, Instrument No. 89965, in the Recorder' s
Office, Riverside County, California.
EXHIBIT "A"
7
IlAlll Alllll IIIIII IIII 111111111111111111111111111111111 ezrea0 a b£' I I eR
EXHIBIT "B"
DESCRIPTION OF PUBLIC RIGHT-OF-WAY
That portion of Palm Canyon Drive North dedicated to the public right-
of-way, as shown on/in records of the Riverside County Recorder, Book
2522, Page 220 and Instrument No_ 117895 recorded April 29, 1987 in
Riverside County, California.
EXHIBIT "B"
TO OUTDOOR DINING ENCROACHMENT AGREEMENT
8
IIIIII II III IIIIII I II I II IIIII IIIIII IIIII II II 02 28�2 as 08?00R
S of 11
DEPICTION OF CITY PROPERTY AND ENCROACHMENT
INCLUSIVE OF PERMIT CONDITIONS
26" 26 i ' 26
BOOTH 1300TII BoomJ
9s
\ SEAT5 4 SEATS 4 SEATS 4
C11NWa
GRASS AND PL�1\�\TT]NG ,
\ L
ORNAMENTAL IRON FENCE 36"HIGH
(BOLTEDTO CONCRETE SLAB)
26 FT. f9•.
UMBRELLA
f� 'TABLES.
•- ti L
CoxCRETE AREA
CIA
C
- EXHIBIT "C"
TO OUTDOOR DINING ENCROACHMENT AGREEMENT
9
II ���I I II III II III IIII ��II III IIII 6Z?8A 800£108?00R
EXNIBIT "C" CONT'D. 2 of 2
PERMIT CONDITIONS FOR OUTDOOR DINING
1. Seating within the new paved area shall be subject to a Land Use
Permit (or amendment to existing LUP) and approval by the
Director of Planning and Zoning prior to installation of any
seating in the newly paved area.
2 . Seating within the new paver area shall be limited to non-
alcoholic beverages and food services only_
3 . To provide adequate pedestrian circulation, each table shall seat
two persons only. Additional seating per table shall require the
approval of the Director of Planning and Building.
4 . Tan, green and terra cotta colors shall be used for all outdoor
furniture.
5 . No additional product advertising shall be permitted on the
outdoor umbrellas.
6 . Outdoor seating areas shall be washed down daily.
7 . Outdoor seating within the new pager area shall be permitted for
restaurants or other beverage service uses that have immediate or
direct frontage on Palm Canyon drive in the Center Business
District .
8 . All outdoor furniture shall be set back a minimum of two (2) feet
from the face of curb. Umbrellas shall be properly secured to
prevent any harm as per City of Palm Springs Std. Dwg. 910
(attached) .
9. All outdoor umbrellas shall be a minimum of 6 1/2 to 7 feet
(installed) in height, measured from sidewalk.
10 . All outdoor furniture on City property shall he removed at the
end of each business day.
11 . A minimum width of five (5) feet shall be kept free at all times
for pedestrain traffic along the entire property Frontage.
10
I IA IIIII II IIII III 111111111111111111111 II ezres��s7 '' Ji
NO, REVISIONS APPROVED DATE
FACE OF CURB
o=
Da
TABLE, 6' DIA, UMBRELLA ON z w
6-1/2' TALL POLE, AND CHAIRS g m
FOOTPRINT N m
o �
F-
r r l
POSITION OF UMBRELLA HOLDER
INTERLOCKING PAVER/PCC AREA
P.C.C. SIDEWALK AREA
2-1/2 ' DIA X 12" GALV.
PIPE SLEEVE
1/2" DIA, X 6" STEEL
RETAINING PIN
m
3/8" DIA. STEEL
LIFTING EYES
PC CONCRETE BASE 4' TYP.
520-D-2500 18" � 4"
I
t3� REBAR
NOTE. —e'0 O
A 3" WIDE REFLECTIVE
ORANGE STRIP SHALL
BE PUT AROUND THE LIFTING EYE DETAIL
PC CONCRETE BASE.
CITY OF PALM SPRINGS AppR DATE
DEPARTMENT OF PUBLIC WORKS 8931
RIGHT--OF--WAY ENCROACHMENT DRAWN BN: MV FILE NO.H STANDARDS
TABLE DETAIL CHECKED BY: D.J.B. DWG. NO. 910
III 11111 II II1 III III 1IIII II II a2 2sa1a o£es1