HomeMy WebLinkAbout04654 - TERRENCE C YOUNG DBA CROSSWALK CAFE OUTDOOR DINING ENCROACHMENT AGR AT 370 NPC AGREEMENT NO. A4654
December 31, 2008
A new outdoor dining encroachment agreement A5024 was approved by the City on
12/9/04 in place of this agreement.
DOC a 2002--122999
oa/11/2002 08:00R Fee[NC
Page 1 of 11
FREE RECORDING REQUESTED BY Recorded in official Records
AND WHEN RECORDED MAIL County of Riverside
Cary L. orso
CITY OF PALM SPRINGS seasvr, County Clerk d Retarder
PPO Box 2743
alm Springs,CA
226ion343 APR -2 IC � IIIIIIIIIN111111111111111111
Attn' Engineering g
City Clerk
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Filing Fee Exempt Per Govemment Code 6103 a t Coy wNc nePUNo NGic Px M QJ
OUTDOOR DINING ENCROACFMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT("Agreement') is entered into this 2nd day of November, A �
2001, by and between Terrence C. Young d!b/a Crosswalk Cafe, ("Applicant"), whose address.is.370.Palm I V'
Canyon Drive North, Palm Springs, CA 92262 and-the CITY OF PALM SPRINGS, a municipal corporation plVl
("City"), whose address is PO Box 2743, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263, Attn:
Department of Building and Safety.
RECITALS:
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 370 Palm Canyon,Drive North;Palm Springs,California
92262,(APN 513-081-021),more particularly described onFxhibit"A"attached hereto and incorporated herein
by reference("Applicant Property"). City is the owner of certain fee and/or easement interests inthat certain real
property located in the City of Palm Springs,County of Riverside, State of California adjacent to the Applicant
Property mid more particularly described in Exhibit"B"hietidw("City Property").
S. Applicant desires to construct or maintain 16 chairs and 6 tables with two (2) umbrellas
anchored with bases per City of Palm Springs Std.Thug.No.910,or equal;to be placed in the public right-
of-way more specifically described in Exhibit"C"hereto on the City property("Encroachment"). City has
agreedto grant to Applicant all encroachmentpenmit("Permit")forthe Encroachmentin 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 constmct,maintain,relocate and remove the
Encroachment in accordance with Chapter 14.16 of the City of Palm Springs Municipal Code,as amended from
time to time_
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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,safe
condition,and shall not be placed in a manner that impedes or prevents 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")thatmay be asserted or claimed by any person,firm or entity arising out of or in connection
withthe location,construction,maintenance,relocation orremoval ofthe 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 audwill 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
proceedingfiled orprosecuted againstApplicantfor such damages or other claims arising out o£
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 forthe directbenefit ofthe 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 anytime orfromtime 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 ofthis License,Licensee shall procure and
maintain public liability and property damage insurance, at its sole expense,in an amount not less than ONE
n-MLTON 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 proteetthe Licensor
against incurring any legal cost in defending claims for alleged loss.
32 Primary Policy;Additional Insured. All such insurance as required by this Section 6
shall be primary insmrance and shall name the City as additional insured-
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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 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 orCancellat"ronofPolicy. All insurance required pursuant to this Section
8 shall comainan endorsement requiring thirty(30)days writtennotice from the insurance company to bothparties
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 andrestore the City Propertyto its former condition,at Applicant's sole
cost and expense,witbiathirty(30)days ofwrittennotice fromthe City. Inthe event Applicant fails to remove the
Encroachment and restore the City Property within said time period,the City shall have the rightto do so without
notice. Applicant shall immediately reimburse the City for all out of pocket expenses expended to remove the
Encroachment and restore the Properly. Said amounts shall accrue interest from the date expended by the City at
fae 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 sentprepaid,first-class mail to the addresses listed on the first page ofthis Agreement. Either parry
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 Severability. The invalidity orunenforceability of any provision ofthis Agreementwith
respect to a particular party or set of circumstances shall not in anyway affectthe 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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5.6 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.
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IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first set forth above.
Crosswalk Cafe
Terrence C. Young, Owner
"Applicant"
(APPLICANT MUST HAVE SIGNATURE NOTARIZED)
CITY OF PALM SPRINGS, a
municipal�POF
By:
City Engineer
"City"
(CITY ENGINEER MUST HAVE SIGNATURE NOTARIZED)
APPROVED AS TO OWNERSHIP & LEGAL
ASCRIPTION
By: avma b/� #-Pqm
(NOTARY STATEMENTS ON FOLLOWING PAGE)
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STATE OF CALIFORNIA)
SS,
COUNTY OF RIVERSIDE)
On Z4Z& before me, _ MqZ G 0 T PC 12
date/
personally appeared
0 personally known to me OR l 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
ALARM=C OESRd61d that he executed the same in his uthorized capacity, and that by his
.� fin•
Nafuly IhRft-Cdtgrl+~f2 signature on the instrument the person, or the entity upon behalf of
p4vryW C4h which the person acted, executed the instrument.
MyOcrrnl6 lles Jun _Mug
Witness my hand and official seal.
(SEAL) -
Signature of Notary
STATE OF CALIFORNIA)
SS.
COUNTY OF R VER.SWE)
On 2 a'-o y before me, G4 �/F �. Lr f/ ()� Ci r t4 A6 :� —1 at_i( "
date I � F
personally appeared
tpersonally known to me o be the person(dj
lI whose name$)(!�are subscribed to the within instrument and
a owledged to me that�he/they executed the same in
ELAINE L. WEbEKINd� Gicr/their authorized capacity(-ieO; and that by(i her/their
NOTARY p kIc.CAL FORNIA 6) signature(4 on the instrument the person or the entity upon behalf
RIVERSIDE COIINIY 0 of which the person acted,executed the instrument.
COMM.EXP.FEB.3.2003 1
Witness my hand and official seal.
(SEAL)
Signature of No
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STATE.OF CALIFORNIA)
SS,
COUNTY OF RIVERSIDE)
On before me,
date
personally appeared
❑personally known to me OR❑proved to me on the 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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EXHIBIT "A"
LEGAL DESCRIPTION OF OWNERIAPPLICANT PROPERTY
The northwest quarter of Lot 6, Block 24,being 75 feet wide and 145.9 feet deep, as shown in Book 009,Page
432 Townsite of Palm Springs, records of San Diego County, California
EXHIBIT "A"
TO OUTDOOR DINING ENCROACHMENT AGREEMENT
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EXHIBIT "B"
DESCRIPTION Of PUBLIC RIGHT-OF-WAY
That portion of Pahn Canyon Drive North dedicated to the public right-of-way, as shown on/in records of the
San Diego County Recorder, Book 009, Page 432 in San Diego County, California.
EXHIBIT "B"
TO OUTDOOR DINING ENCROACHMENT AGREEMENT
9
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EXHIBIT "C"
DEPICTION OF CITY PROPERTY AND ENCROACHMENT
INCLUSIVE OF PERMIT CONDITIONS
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OINTERIOR SEATING =31
INTERIOR PATIO = 6
EXTERIOR PUBLIC RIW = 16
TOTAL =53 _�* �' &
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EXHIBIT"C"
TO OUTDOOR DINING ENCROACHMENT AGREEMENT
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EXHIBIT "C" CONYD. 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 Gotta 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 paver area shall be permitted for restaurants or other beverage service
uses that have immediate or direct fxontage 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 be removed at the end of each business day.
11. A minimum width of five(5)feet shall be kept£ree at all times for pedestrian traffic along the entire
property frontage.
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