HomeMy WebLinkAbout02665 - FALCON LAKE PROPERTIES CATHEDRAL CANYON BIKE PATH EASEMENT RELOCATION AMENDMENT NO. 2 TO INDEMNITY AGREEMENT
AND AGREEMENT FOR THE PROVISION OF A GENERAL MAINTENANCE
FUND FOR THE CITY OF PALM SPRINGS, CALIFORNIA
SEPTEMBER 21, 1988
THIS AMENDMENT NO. 2 entered into this %ZI day of
1990 by and between the City of Palm —Springs, California
(hereinafter "City") and Stewart Title Company of Riverside County
(hereinafter "Title Company") to INDEMNITY AGREEMENT AND AGREEMENT
FOR THE PROVISION OF A GENERAL MAINTENANCE FUND FOR THE CITY OF
PALM SPRINGS, CALIFORNIA (hereinafter "Original Agreement") dated
September 21, 1988 .
RECITALS
WHEREAS, City and Title Company have been unsuccessful in
completing the terms of the Original. Agreement within the one
hundred eighty (180) days allowed under the terms of that agreement
for reasons beyond their control ; and
WHEREAS, City and Title Company are both desirous of continuing
the basic agreement as contained in the Original Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL INTEREST OF BOTH
PARTIES, THE PARTIES AGREE that the original agreement shall not
become null and void at the expiration of 180 days from the date
of the agreement, and, with the exception of this amendment, shall
be extended through June 30, 1990 after which time the agreement
shall become null and void. If however, as of June 30, 1990, the
terms of the original agreement, as amended, have not been
completed, then the agreement may be extended by written consent
of both parties. --- - - - — -
IN WITNESS WHEREOF, the parties have executed this Amendment
No. 2 on the date and year first above written.
CITY OF PALM SPRINGS (CITY)
PPROVED a FORMBY:
NORMAN KING, UITY MANAGER
STEWART TITLE COMPANY OF RIVERSIDE
r YAy AS!
BY: ✓� /
LEE SELTE , PRESIDENT
y
AMENDMENT NO. 1 TO INDEMNITY AGREEMENT
AND AGREEMENT FOR THE PROVISION OF A GENERAL INTENANCE
FUND FOR THE CITY OF PALM SPRINGS, CALI ORNIA
DATED SEPTEMBER 21, 1988 y
{
THIS AMENDMENT NO. 1 entered into this a2 V-/T day of
1989 by and between the City of Palm Springs, California (her inafter
"City" ) and Stewart Title Company of Riverside County (hereinafter
"Title Company" to INDEMNITY AGREEMENT AND AGREEMENT FOR THE PROVI-
SION OF A GENERAL MAINTENANCE FUND FOR THE CITY OF PALM SPRINGS, CAL-
IFORNIA (hereinafter "Original Agreement") dated September 21, 1988 .
- - RECITALS -
WHEREAS, City and Title company have been unsuccessful in completing
the terms of the Original Agreement within the one hundred eighty
(180) days allowed under the terms of that agreement for reasons
beyond their control; and
WHEREAS, City and Title Company are both desirous of continuing the
basic agreement as contained in the Original Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL INTEREST OF BOTH
PARTIES, THE PARTIES AGREE that the original agreement shall not
become null and void at the expiration of 180 days from the date of
the agreement and, with the exception of this amendment, shall be
extended thru December 31, 1989 after which time the agreement shall
become null and void. If, however, as of December 31, 1989 the terms
of the original agreement, as amended, have not been completed, then
the agreement may be extended by written consent of both parties.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 on
the date and year first above written.
- _-_ CITY OF. PALM.-SPRINGS (CITY)
BY:
NORMAN KING CITY MANAGER
,6 PPR(?�'ED BY THE CITYCOl1Plf.!L
BY RM NO. /��,�SZ �/��5 STEWART TITLE COMPANY OF RIVERSIDE
COUNTY (TITLE COMPANY)
BY: / °Z ' /
LEE SELT r, PIMSIDENT
Falcon Lakes, Stewart Title &
City (re Cathedral Canyon CC
bike easement relocation)
ASSUMPTION AGREEMENT AGREEMENT #2665
R16447, 4-6-88
THIS AGREEMENT entered into this day of
by and between Stewart Title Company of Riverside County (hereinafter
"Title Company") and Falcon Lake Properties (hereinafter "Developer")_
RECITALS
WHEREAS, Developer has entered into an Indemnity Agreement with
the City of Palm Springs, California (hereinafter "City") , a copy of
which is attached hereto as Exhibit "A" and incorporated herein by
reference.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PREMISES SET FORTH
HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. Title Company agrees that three (3) years from the date of
completion by Developer and acceptance by City of the improvements
contemplated by the August 25, 1987 letter referenced in paragraph
four (4) of Exhibit "A", it will assume fully and without recourse
all of the obligations and liability of Developer to City under said
agreement set forth in Exhibit "A".
2. Developer agrees that it shall maintain its responsibility
for and that Title Company shall not assume liability for any claim
filed with City or for which Developer has notice prior to that date
set forth in the preceding paragraph 1.
3. This Agreement shall inure to the benefit of and be binding
upon the parties hereto as well as their respective heirs, successors,
representatives and assigns.
4. If either party commences an action against the other to enforce
any of the terms hereof, or because of the breach of either party of
any of the terms hereof, the losing or defaulting party shall pay to
the prevailing party reasonable attorneys ' fees, costs and expenses
incurred in connection with the prosecution or defense of such action.
5. All comrrunications, notices and demands of any kind which
either party may be required or desire to give to or serve upon the
other party shall be made in writing and sent by registered or certified
mail , postage paid, return receipt requested, to the following addresses:
TITLE COMPANY: Stewart Title Company of Riverside County
7344 Magnolia Averue
Riverside, CA 92504
DEVELOPER: Falcon Lake Properties
68-733 Perez Road, Suite 1
Cathedral City, CA 92234
Any such notice sent by mail shall be presumed to have been received
by the addressee seventy-two (72) hours after posting in the United
States Mail . Either party may change its address by giving the other
party written notice of its new address as herein provided.
EXHIBIT "D"
ASSUMPTION AGREEMENT
STEWART TITLE COMPANY/
FALCON LAKE PROPERTIES
Page Two.
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date and year first above written. .
STEWART TITLE COMPANY OF RIVERSIDE
COUNTY (TITLE COMPANY)
BY:
FALCON LAKE PROPERTIES, a Limited
Partnership (DEVELOPER)
By: FALCON LAKE ENTERPRISES, INC. ,
a California Corporation , as
General PartnerBY: C.�Cev (/ � �lY •�C 7
BY rr ^-ti lmLe �1
W
EXHIBIT "D"
6 ' WIDE BICYCLE EASEMENTS
TO BE QUITCLAIMED
PARCEL 1 Tract No. 13 , 792-1 , Map recorded in Book 107 ,
Pages 61 and 62 of Maps in the Office of the
County Recorder of the ' County of Riverside ,
State of California shown on Paseo Azulejo
(Lot "A")
PARCEL 2 Tract No . 13 , 792-3 , Map recorded in Book 114 ,
Pages 46 and 47 of Maps in the Office of the
County Recorder of the County of Riverside ,
State of California shown on Paseo Azulejo
(Lot "A") .
PARCEL 3 Tract No . 13 , 792-4 , Map recorded in Book 121 ,
Pages 1 and 2 of Maps in the Office of the
County Recorder of the County of Riverside ,
State of California shown on Lot A.
---------------------------------------- ----------------------- - - -
15 ' WIDE BICYCLE EASEMENT
TO BE QUITCLAIME➢
Tract No. 13 , 792-4 , Map recorded in Book 121 , Pages 1
and 2 of Maps in the Office of the County Recorder of
the County of Riverside , State of California shown on
Lot 2 .
EXHIBIT "A"
INDEMNITY AGREEMENT
AND
AGREEMENT FOR THE REMOVAL AND RELOCATION
OF THE CATHEDRAL CANYON COUNTRY CLUB BIKEWAY
THIS AGREEMENT entered into this 1 day of September, 1988
by and between the City of Palm Springs, California (hereinafter "City")
and Falcon Lake Properties (hereinafter "Developer").
RECITALS
A. WHEREAS, City now owns a bikeway easement through the properties
as fully set out in Exhibit "A", incorporated herein by reference,
located within the boundaries of the development known as Cathedral
Canyon Country Club Homeowners Associations No. 6, No. 9 and No. 10;
and
B. WHEREAS, the City and Developer have deemed it to be in the
best interests of all concerned to improve the security of said
development by relocating the above-described bikeway and incorporating
it within the equestrian easement as fully described in Exhibit "B",
incorporated herein by reference.
NOW; THEREFORE, IN CONSIDERATION OF THE MUTUAL PREMISES SET FORTH
HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. Developer shall relocate said bikeway at its own expense
pursuant to the terms of the August 25, 1987 letter from Fred Hawkins,
a copy of which is attached hereto as Exhibit "C" and incorporated
herein by reference, as approved by Al Bushman in all particulars except
item #6 regarding the Indemnity Agreement.
2. City will abandon and execute quitclaim deeds to the existing
bikeway easements as described in Exhibit "A" in favor of the Cathedral
Canyon Country Club Homeowners Associations No. 6, No. 9 and No. 10.
3. Developer shall indemnify, hold City harmless and, if requested
by City, defend City from and against any and all liability and damages
and any and all attorneys' fees, court costs and expenses incurred
by City which arise from or are caused by the joint use of the easements
described in Exhibit "B" for both bikeway and equestrian trail purposes.
4. Said indemnity shall run for a period of ten (10) years from
the date of completion by Developer and acceptance by City of the
improvements contemplated by the August 25, 1987 letter (Exhibit "C"),
but shall terminate earlier in the event that no claim, for which the
Developer would be liable under this Agreement, shall be filed against
the City for any period of three (3) consecutive years following such
completion and acceptance.
5. Developer shall have the right to assign part or all of ' its
liability under this Agreement and be relieved of the same by assignment
to and written assumption of such liability by any or all of Cathedral
Canyon Country Club Homeowners Associations No. 6, No. 9, No. 10, No. 15,
No. 16 or Stewart Title Company of Riverside County, provided such
assignee(s), if requested by City, shall provide proof of financial
responsibility and ability to respond in damages for any such liability.
INDEMNITY AGREEMENT
CITY OF PALM SPRINGS/
FALCON LAKE PROPERTIES
Page Two.
6. This Agreement shall inure to the benefit of and be binding
upon the parties hereto as well as their respective heirs, successors,
representatives and assigns.
7. If either party commences an action against the other to enforce
any of the terms hereof, or because of the breach of either party of
any of the terms hereof, the losing or defaulting party shall pay to
the prevailing party reasonable attorneys' fees, costs and expenses
incurred in connection with the prosecution or defense of such action.
B. All communications, notices and demands of any kind which
either party may be required or desire to give to or serve upon the
other party shall be made in writing and sent by registered or certified
mail , postage paid, return receipt requested, to the following addresses:
CITY City of Palm Springs
3200 E. Tahquitz-McCallum Way
P. 0. Box 1786
Palm Springs, CA 92263
DEVELOPER Falcon Lake Properties
68-733 Perez Road, Suite 1
Cathedral City, CA 92234
Any such notice sent by mail shall be presumed to have been received
by the addressee seventy-two (72) hours after posting in the United
States Mail . Either party may change its address by giving the other
party written notice of its new address as herein provided.
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date and year first above written.
CITY OF PALM SPRINGS J(CCIITY)
BY: Nm✓ /PC
NORM tING, CITY MAN GER
FALCON LAKE PROPERTIES, a Limited
Partnership (DEVELOPER)
By: FALCON LAKE ENTERPRISES, IIJc- ,
a California Corporation, as
General Partner J
BY:—
EXHIBIT "B"
6 ' WIDE BICYCLE EASEMENTS
TO BE QUITCLAIMED
PARCEL 1 Tract No. 13 , 792-1 , Map recorded in Book 107 ,
Pages 61 and 62 of Maps in the Office of the
County Recorder of the County of Riverside ,
State of California shown on Paseo Azulejo
(Lot "A") .
PARCEL 2•-4., Tract No. 13 , 792-3 , Map recorded in Book 114 ,
Pages 46 and 47 of Maps in the Office of the
County Recorder of the County of Riverside ,
State of California shown, on Paseo Azulejo
(Lot "A'') .
PARCEL 3 Tract No. 13 , 792-4 , Map recorded in Book 121 .
Pages 1 and 2 of Maps in the Office of the
County Recorder of the County of Riverside ,
State of California shown on Lot A.
-------------------------------- ------------------------------ - - -
15 ' WIDE BICYCLE EASEMENT
TO BE QUITCLAIMED
Tract No . 13 , 792-4 , Map recorded in Book 121 , Pages
and 2 of Mans in the Office of the County Recorder of
the County of Riverside , State of California shown on
Lot 2 .
Exhibit B
EXHIBIT "A"
EQUESTRIAN TRAILS EASEMENTS
The following easements may also be used by the" City of
Palm Springs",'for a public bikeway:
PARCEL 1 : Lots C, D and E of Tract No, 13792, Mao
recorded in gook 123 , pages 77 and 78 of
Maps in the office of the County Recorder of
the County of Riverside, State of
California .
PARCEL 2 : Lot E of Tract No . 13 , 792-1 , Map recorded in
Book 107 , Pages 61 and 62 of Maps in the
Office of the County Recorder of the County
of Riverside , State of California .
PARCEL 3 : Lots C and D of Tract No. 13 , 792-4 , Map
recorded in Book 121, Pages 1 and 2 of Maps
in the Office of the County Recorder of the
County of Riverside, State of California .
Exhibit B
EXHIBIT "H"
ofIlksA
t�7 of Palm Springs
Dcn, rwirni �I Communn 5cn icr•
25 August 1987
Mr . Al Bushman , - resident
.Falcon Lake Properties
68-733 Perez Road, Suite 1
Cathedral City, CA 92234
Dear Mr . Bushman :
I have recently received a verbal opinion from the City Attorney
concerning the liability issue of combining a bicycle trail
within the existing equestriar trail easement at Cathedral.
Canyon Country Club . According to `1r . Adams , and the City ' s
Risk Manager , Wendy Hamilton , Pa m Springs would realize additional
liability by incorporating the tug activities in the one ease-
ment, given the established standa .ds of Riverside County -
In reviewinc your latest letter dated July 2 , 1987 , 1 am pro-
posing the following :
In return for the City of Palm Springs ' abandoning and quit-
claiming to the Homeowners Assosclat ? ons :he existing bicycle
easement in the tracts outlined In your icly 2 letter , it is
proposed that Falcon Lake Properties commit to the following :
1 , Correct any and all !nto the existing
equestrian easement at Falcon Lake Properties ' expense .
(West side and South S2de )
2 . Trim and otherwivs -FTc uctlor of plant
raterlan , etc . , - - . _ : . _ -. r easv7ent .
3 . construct a b3cyc_a, t _ - , _ vit "I : n the equestrian trail
easw�ert , per C1 '_y . : 77C5li.s ' 1, ire x 2 " t.^. = c� ) .
The _ icycle trail snot _ .. vo 2Acvios CJtnoard of the
- wesLClan trail , _ r_ _ . : ng t�- ; Dpert} ! Ina , as
estsyllshed .
EXHIBIT "C"
E>[ bit B
25 August 1967
Page Z
4 . That a two rail , split rail cedar fence be constructed
adjacent to the inboard edge of the new bicycle trail ,
to separate the two trails .
5 _ That all gates , posts , and other obstructions be re-
movecf"from the total width of the easement .
6 . That Falcon Lake Properties provide the City of Palm
Springs with a Hold Harmless Agreement indemnifying
the City of Palm Springs againsc possible liability
as a result of the joint une of trails .
7 . That prior tc formulating staff recommendation concerning
the bicycle trail , the alignment be staked and this
office asked for review -
After completion of the construction and modifications , the
City of ?alm Springs will assume the responsibility of maintain-
inc the bicycle trail and equestrian trail .
Once these conditions have been agreed to by Falcon Lake Properties
and the Homeowners Association , and the completion of the staking ,
? will call a meeting of the Park and Recreation Commission
to outline the proposal - The Commission can then recommend
-or or against the proposal refore sending to the Planning
Commission
,and to the City Council for action -
If Falcon Lake Properties can agree to the above conditions ,
Please sign below and return to me .
Kinq'erely,
FRED HAWKINS, Director The Above terms accepted :
Parks , Recreation &
Library Department
AC. BUSHMAN , President ( Date )
FaIcan [.ake Properties
ccc Rod Johnson , homeowners Association
Bob Leonard , President , Homeowners Assoc , = 6
Ed Levine , President , Homeowners Assoc , : 9
Al Peichle , President , Homeowners Assoc , k10
Fxhibit B
,. rShmn
INDEMNITY AGREEMENT
AND
AGREEMENT FOR THE PROVISION OF A
GENERAL MAINTENANCE FUND FOR THE
CITY OF PALM SPRINGS, CALIFORNIA
THIS AGREEMENT entered into this 2 day of September, 1988
by and between the City of Palm Springs,~ California (hereinafter "City")
and Stewart Title Company of Riverside County (hereinafter "Title
Company").
RECITALS
A. WHEREAS, City now owns a bikeway easement through the properties
as fully set out in Exhibit "A", incorporated herein by reference,
located within the boundaries of the development known as the Cathedral
Canyon Country Club Homeowners Associations No. 6, No. 9 and No. 10;
and
B. WHEREAS, the City and Falcon Lake Properties (hereinafter
"Developer") have, by separate agreement of even date as fully described
in Exhibit "B", incorporated herein (hereinafter "Relocation Agreement") ,
agreed to vacate and relocate the above-described bikeway and incorporate
it within the Equestrian Easement as fully described in Exhibit "C",
incorporated herein by reference; and
C. WHEREAS, Title Company, by separate agreement of even date
as fully described in Exhibit "D", incorporated herein (hereinafter
"Assumption Agreement"), has agreed to assume the Developer's indemnity
agreement three (3) years from the date of completion by the Developer
and acceptance by the City of the improvements contemplated by the
August 25, 1987 letter referenced in paragraph four (4) of Exhibit
"B"; and
D. WHEREAS, Title Company and the City have deemed it to be in
the best interests of all concerned to vacate and relocate the
above-described bikeway by incorporating it into the above-described
equestrian easement.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PREMISES SET FORTH
HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. Title Company shall escrow Thirty-five Thousand and no/100
Dollars ($35,000.00) in a trust account at a bank in the Palm Springs
area (to be released only to the City when the existing bikepath
right-of-way, as described in Exhibit "A", has been vacated) , with
said Thirty-five Thousand and no/100 Dollars ($35,000.00) to be used
by the City for maintenance of the above-described relocated bikeway
and equestrian trail or for such other maintenance or purpose the City
may deem appropriate.
INDEMNITY AGREEMENT
CITY OF PALM SPRINGS/
STEWART TITLE COMPANY
Page Two.
2_ This Agreement shall be null and void if Lhe existing bikepath
right-of-way located within the boundaries of the develooment known
as Cathedral Canyon Country Club Homeowners Associations No. 6, No. 9
and No. 10, more fully described in Exhibit "A", has not been vacated
within one hundred eighty (180) days of this agreement.
3. This Agreement shall inure to the benefit of and be binding
upon the parties hereto as well as their respective heirs, successors,
representatives and assigns.
4. If either party commences an action against the other to enforce
any of the terms hereof, or because of the breach of either party of
any of the terms hereof, the losing or defaulting party shall pay to
the prevailing party reasonable attorneys ' fees, costs and expenses
incurred in connection with the prosecution or defense of such action.
5. All communications, notices and demands of any kind which
either party may be required or desire to give to or serve upon the
other party shall be made in writing and sent by registered or certified
mail , postage paid, return receipt requested, to the following addresses:
CITY: City of Palm Springs
3200 E. Tahquitz-McCallum Way
P. 0. Box 1786
Palm Springs, CA 92263
TITLE COMPANY: Stewart Title Company of Riverside County
7344 Magnolia Avenue
Riverside, CA 92504
Any such notice sent by mail shall be presumed to have been received
by the addressee seventy-two (72) hours after posting in the United
States Mail . Either party may change its address by giving the other
party written notice of its new address as herein provided.
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date and year first above written.
CITY OF PALM SPRINGS (CITY)
BY: Le &4-
NORM KING, CITY MANAGER
STEWART TITLE COMPANY OF RIVERSIDE
COUNTY (TITLE COMPANY)
BY
LEE SELTE , PRESIDENT
6 ' WIDE BICYCLE EASEMENTS
TO BE QUITCLAIMED
PARCEL 1 Tract .'No. 13 , 792-1 , Map recorded in Book 107 ,
Pages 61 and 62 of Maps in the Office of the
County Recorder of the County of Riverside ,
State of California shown on Paseo Azulejo
(Lot "A")
PARCEL 2 Tract No . 13 , 792-3 , Map recorded in Book 114 ,
Pages 46 and 47 of Maps in the Office of the
County Recorder of the County of Riverside ,
State of California shown on Paseo Azulejo
(Lot "A") .
PARCEL 3 Tract No . 13 , 792-4 , Map recorded in Book 121 ,
Pages 1 and 2 of Maps in the Office of the
County. Recorder of the County of Riverside ,
State of California shown on Lot A.
------------------------------ --------------------------------- - - -
15 ' WID,E BICYCLE EASEMENT
TO HE QUITCLAIMED
Tract No. 13 , 792-4 , Map recorded in Book 121 , Pages I
and 2 of Maps in the Office of the County Recorder of
the County of Riverside , State of California shown on
Lot 2 .
EXHIBIT "A"
I