HomeMy WebLinkAbout02661 - WESSMAN DEVELOPMENT CO LICENSE AGR IN R/W PLAZA DE LAS FLORES Rmrding Requwsted 13yt " 4
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*- Wessman Development Co -
/CITY CLERK � _ � � ^* ,ram Amended & Restated License
City of Palm Springs b z mt Encroach into Tahquitz Way
P.O. Box 1786 AGREEMENT 2661 (AMENDED)
Palm Springs, CA 92263.- i r10 4364� 6-7'89
LICENSE AGREEMENT
(Amended)
THIS LICENSE is made and entered into this 7 day of
19Z by and between the CITY OF PALM SPRINGS, hereinafter called "Licensor"
and WESSMAN DEVELOPMENT COMPANY, a sole proprietorship, hereinafter called
"Licensee".
RECITALS:
WHEREAS the licensor has sold to the licensee certain property adjacent
to the property described herein and adjacent parcels; and
WHEREAS the licensor has approved plans for the remodelling of the property
sold to licensee; and
WHEREAS the plans contemplate a structure upon the public right-of-way;
GRANT OF LICENSE:
Licensor, for valuable consideration and the faithful performance by licensee
of all the terms and covenants hereinafter set forth on its part to be
performed, does hereby give to licensee the right to construct, maintain,
use and repair certain structures, hereinafter referred to in whole or in
part as "structure", at such location as approved by the City Council on
September 17, 1984, upon, and to construct, maintain, use and install
underground greasetraps, at such locations as may be approved by the City
Building Division across and over a portion of that certain real property
owned by Licensor, situated in the County of Riverside, State of California,
described as follows:
All that portion of block designated as "Mrs. Brooks", also known
as Block 27 on map of town of Palm Springs, in the City of Palm
Springs, County of Riverside, State of California, in Book 9,
Page 432 of Maps, San Diego County Records by metes and bounds
as follows:
1. Beginning at the northeasterly corner of said Block; thence
northerly along an extension of the easterly line of said Block
15 feet; thence easterly parallel with the northerly line of said
Block 15 feet; thence southerly parallel with the easterly line
of said Block 130 feet; thence westerly parallel with the northerly
line of said Block 15 feet; thence northerly along the easterly
line of said Block 115 feet to the point of origin; and
2. Beginning at a paint on the westerly line of said Black 80
feet southerly of the northwesterly corner of said Block; thence
westerly parallel with the northerly line of said Block 12 feet;
thence southerly parallel with the westerly line of said Block
55 feet; thence easterly parallel with the northerly line of said
Block 12 feet; thence northerly along the westerly line of said
Block 55 feet to the point of origin.
1. Licensee, his successors and assigns, and his and their respective agents
and employees, shall have the right and duty to maintain said structure,
20393'7
and shall have free access to said structure and every part thereof,
at all times, for purposes of exercising the rights herein granted.
2. Licensee 's rights hereunder shall be subject to all valid and existing
easements, rights, leases, licenses, reservations and encumbrances whether
of record or not affecting said property or• any portion thereof.
3. Any structure placed pursuant to this license shall be constructed in
a careful and workmanlike manner and in accordance with plans and specifi-
cations to be submitted to and approved by the City of Palm Springs
Building Division before work is commenced.
4. The licensee agrees at all times, from and after substantial completion
of the structure and at its own cost and expense, to repair, replace
and maintain in good condition the premises and every part thereof,
including without limitation, all fixtures and other equipment therein,
the store front or store fronts, all licensee ' s signs, and all such
items of repair, maintenance and improvement or reconstruction as may
at any time or -from time to time be required by a government agency
having jurisdiction thereof; provided however that nothing in this section
contained shall authorize or allow the licensor to adopt requirements
applicable to this license which requirements are not generally applicable
to all other licenses issued by it.
If licensee refuses or neglects to make repairs and/or maintain the
premises, or any part thereof, as required above, licensor shall have
the right, upon giving licensee reasonable written notice of its election
to do so, to make such repairs or perform such maintenance on behalf
of and for the account of licensee. In such event such work shall be
paid for by licensee promptly upon receipt of a bill therefore.
5. The licensee agrees to indemnify, hold harmless and defend the licensor
from liability arising from any action of the licensee and from any
liability arising from injuries or damage to person or property as a
result of said structure' s existence.
During the entire term of this License Agreement, licensee agrees to
procure and maintain liability insurance at its sole expense to protect
against loss from liability imposed by law for damages on account of
bodily injury, including death therefrom, suffered or alleged to be
suffered by any person or persons whomsoever, resulting directly or
indirectly from any act or activities of the licensor or licensee, its
sublicensees or any person acting for the licensor, or licensee or under
its control or direction, and also to protect against loss from liability
imposed by law for damages to any property of any person caused directly
or indirectly by or from acts of activities of the licensor, licensee,
or its sublicensees, or any person acting for the City or licensee,
or under its control or direction. 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. Such
public liability and property damage insurance shall be maintained in
full force and effect throughout the term of the License Agreement and
any extension thereof in the following minimum limits:
Bodily Injury $500,000 each person
$1,000,000 each occurrence
$1,000,000 aggregate products and
completed operations
Property Damage $500,000 each occurrence
$500,000 aggregate
A combined single limit policy with aggregate limits in the amount of
$1,000,000 will be considered equivalent to the required minimum limits.
-2-
20393'7
All of such insurance shall be primary insurance and shall name the
City of Palm Springs as an additional insured.
The licensor, from time to time adjusts its basic coverage to conform
to changing property values and awards 'of damage. The City Manager,
when this occurs, may require modifications to this coverage to conform
to other properties similarly covered and licensee agrees that the minimum
limits hereinabove designated shall be changed accordingly upon request
by the City Manager; provided, however, that the licensee may appeal
to the City Council within ten ( 10) days after any increase is requested
and such requirement for increased coverage shall be subject to determina-
tion by the City Council .
Licensee agrees that provisions of this paragraph as to maintenance
of insurance shall not be construed as limiting in any way the extent
to which the licensee may be held responsible for the payment of damages
to persons or property resulting From Licensee' s activities, the activi-
ties of its sub-licensees activities of any person or persons for which
licensee is otherwise responsible.
6. Hold Harmless - Licensee agrees to indemnify, defend and save City and
its agents and employees harmless from any and all liability, claims,
damages or injuries to any person, including injury to licensee's
employees and all claims which arise from or are connected with the
performance of or failure to perform the work or other obligations of
this agreement, or are caused or claim to be caused by the acts or
omissions of licensee, its agents or employees, and all expenses of
investigating and defending against same; provided, however, that this
indemnification and hold harmless shall not include any claim arising
from the sole negligence or willful misconduct of the City, its agents
or employees.
7. Evidence of Insurance - A Certificate of Insurance, or an appropriate
insurance binder, evidencing the above insurance coverage with a company
acceptable to the City's Risk Management Officer shall be submitted
to the licensor prior to execution of this License Agreement on behalf
of the licensor.
8. Notice to Licensor, Insurance Coverage Change - The terms of the insurance
policy or policies issued to provide the above insurance coverage shall
provide that said insurance may not be amended or cancelled by the
carrier, for non-payment of premiums or otherwise, without thirty (30)
days prior written notice of amendment or cancellation to the licensor.
In the event the said insurance is cancelled, the licensee shall , prior
to the cancellation date, submit to the City Clerk new evidence of insur-
ance in the amounts heretofore established.
9. This license shall not be revoked so long as said structure is maintained
as provided for herein.
10. The notices provided in this License Agreement given by either party
hereto to the other shall be deemed to have been duly given when made
in writing and deposited in the United States Mail , registered or
certified and postage prepaid, addressed as follows:
To Licensor: The City of Palm Springs
P.O. Box 1786
Palm Springs, CA 92263
To Licensee: John Wessmao
6762S Highway 11I
Cathedral City, CA 92234
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Wessman Development Co. -
AFTER RECORDING Lic Agr for structure in r/w
y9 Plaza de ]as Flores - Tahq Way
Return to: AGREEMENT #2661
CITY CLERK L7 4-89
O City of Palm Springs M11o3�6
P.O. Box 1786 q
Palm Springs, CA 92263 + (1`�
0 C, A
LICENSE AGREEMENT H
� S
E
THIS LICENSE is made and entered into this day of ,
/24�2 by and between the CITY OF PALM SPRINGS, hereinafter called ' Lic nsor"
and WESSMAN DEVELOPMENT COMPANY, a sole proprietorship, hereinafter called
"Licensee".
RECITALS:
WHEREAS the licensor has sold to the licensee certain property adjacent
to the property described herein and adjacent parcels; and
WHEREAS the licensor has approved plans for the remodelling of the property
sold to licensee; and
WHEREAS the plans contemplate a structure upon the public right-of-way;
GRANT OF LICENSE:
Licensor, for valuable consideration and the faithful performance by licensee
of all the terms and covenants hereinafter set forth on its part to be
performed, does hereby give to licensee the right to construct, maintain,
use and repair certain structures, hereinafter referred to in whole or in
part as "structure", at such location as approved by the City Council on
September 17, 1984, upon, across and over a portion of that certain real
property owned by Licensor, situated in the County of Riverside, State of
California, described as follows:
All that portion of block designated as "Mrs. Brooks", also known
as Black 27 on map of town of Palm Springs, in the City of Palm
Springs, County of Riverside, State of California, in Book 9,
Page 432 of Maps, San Diego County Records by metes and bounds
as follows:
1. Beginning at the northeasterly corner of said Block; thence
northerly along an extension of the easterly line of said Block
15 feet; thence easterly parallel with the northerly line of said
Block 15 feet; thence southerly parallel with the easterly line
of said Block 130 feet; thence westerly parallel with the northerly
line of said Block 15 feet; thence northerly along the easterly
line of said Block 115 feet to the point of origin ; and
2. Beginning at a point on the westerly line of said Block 80
feet southerly of the northwesterly corner of said Block; thence
westerly parallel with the northerly line of said Block 12 feet;
thence southerly parallel with the westerly line of said Block
55 feet; thence easterly parallel with the northerly line of said
Block 12 feet; thence northerly along the westerly line of said
Block 55 feet to the point of origin.
1. Licensee, his successors and assigns, and his and their respective agents
and employees, shall have the right and duty to maintain said structure,
0
and shall have free access to ` said structure and every part thereof,
at all times, for purposes of exercising the rights herein granted.
b
2. Licensee's rights hereunder shall be subject to all valid and existing
easements, rights, leases, licenses, reservations and encumbrances whether
of record or not affecting said property or any portion thereof.
3. Any structure placed pursuant to this license shall be constructed in
a careful and workmanlike manner and in accordance with plans and specifi-
cations to be submitted to and approved by the City of Palm Springs
Building Division before work is commenced.
4. The licensee agrees at all times, from and after substantial completion
of the structure and at its own cost and expense, to repair, replace
and maintain in good condition the premises and every part thereof,
including without limitation, all fixtures and other equipment therein,
the store front or store fronts, all licensee's signs, and all such
items of repair, maintenance and improvement or reconstruction as may
at any time or from time to time be required by a government agency
having jurisdiction thereof; provided however that nothing in this section
contained shall authorize or allow the licensor to adopt requirements
applicable to this license which requirements are not generally applicable
to all other licenses issued by it.
If licensee refuses or neglects to make repairs and/or maintain the
premises, or any part thereof, as required above, licensor shall have
the right, upon giving licensee reasonable written notice of its election
to do so, to make such repairs or perform such maintenance on behalf
of and for the account of licensee. In such event such work shall be
paid for by licensee promptly upon receipt of a bill therefore.
5. The licensee agrees to indemnify, hold harmless and defend the licensor
from liability arising from any action of the licensee and from any
liability arising from injuries or damage to person or property as a
result of said structure's existence.
During the entire term of this License Agreement, licensee agrees to
procure and maintain liability insurance at its sole expense to protect
against loss from liability imposed by law for damages on account of
bodily injury, including death therefrom, suffered or alleged to be
suffered by any person or persons whomsoever, resulting directly or
indirectly from any act or activities of the licensor or licensee, its
sublicensees or any person acting for the licensor, or licensee or under
its control or direction, and also to protect against loss from liability
imposed by law for damages to any property of any person caused directly
or indirectly by or from acts of activities of the licensor, licensee,
or its sublicensees, or any person acting for the City or licensee,
or under its control or direction. 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. Such
public liability and property damage insurance shall be maintained in
full force and effect throughout the term of the License Agreement and
any extension thereof in the following minimum limits:
Bodily Injury $500,000 each person
$1,000,000 each occurrence
$1,000,000 aggregate products and
completed operations
Property Damage $500,000 each occurrence
$500,000 aggregate
A combined single limit policy with aggregate limits in the amount of
$1,000,000 will be considered equivalent to the required minimum limits.
-2- ;)—/�- -,5
4/
All of such insurance shall be primary insurance and shall name the
City of Palm Springs as an additional insured.
The licensor, from time to time adjusts its basic coverage to conform
T21 to changing property values and awards of damage. The City Manager,
when this occurs, may require modifications to this coverage to conform
to other properties similarly covered and licensee agrees that the minimum
h' limits hereinabove designated shall be changed accordingly upon request
by the City Manager; provided, however, that the licensee may appeal
to the City Council within ten (10) days after any increase is requested
and such requirement for increased coverage shall be subject to determina-
tion by the City Council .
Licensee agrees that provisions of this paragraph as to maintenance
of insurance shall not be construed as limiting in any way the extent
to which the licensee may be held responsible for the payment of damages
to persons or property resulting from Licensee 's activities, the activi-
ties of its sub-licensees activities of any person or persons for which
licensee is otherwise responsible.
6. Evidence of Insurance - A Certificate of Insurance, or an appropriate
insurance binder, evidencing the above insurance coverage with a company
acceptable to the City's Risk Management Officer shall be submitted
to the licensor prior to execution of this License Agreement on behalf
of the licensor.
7. Notice to Licensor, Insurance Coverage Change - The terms of the insurance
policy or policies issued to provide the above insurance coverage shall
provide that said insurance may not be amended or cancelled by the
carrier, for non-payment of premiums or otherwise, without thirty (30)
days prior written notice of amendment or cancellation to the licensor.
In the event the said insurance is cancelled, the licensee shall , prior
to the cancellation date, submit to the City Clerk new evidence of insur-
ance in the amounts heretofore established.
8. This license shall not be revoked so long as said structure is maintained
as provided for herein.
9. The notices provided in this License Agreement given by either party
hereto to the other shall be deemed to have been duly given when made
in writing and deposited in the United States Mail , registered or
certified and postage prepaid, addressed as follows:
To Licensor: The City of Palm Springs
P.O. Box 1786
Palm Springs, CA 92263
To Licensee: John Wessman
67625 Highway III
Cathedral City, CA 92234
Except as herein otherwise provided, the provisions of this License Agreement
shall inure to the benefit of and be binding upon the parties hereto, their
successors or assigns.
IN WITNESS WHEREOF, said licensor and said licensee have caused this instru-
ment to be executed in duplicate by their respective officers of party
thereunto duly authorized as of the day and year herein first above written.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
B34
L.Pty Clerk / City Manager
REVIEWED AND APPROVED:
WESSMAN DEVELOPMENT COMPANY,
A Sole Proprietorship
By { moo_ /wd OHN WESSF1AN, Licensee
-3-
2039317
a -
Except as herein otherwise provided, the provisions of 4his License Agreement
shall inure to the benefit of and be binding upon the parties, hereto, their
successors or assigns.
IN WITNESS WHEREOF, said licensor and said licensee have caused this instru-
ment to be executed in duplicate by their respective officers of party
thereunto duly authorized as of the day and year herein first above written.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
�-�'ity Clerk City Manager
REVIEWED AND APPROVED:_j_<_q.
WESSMAN DEVELOPMENT COMPANY,
le Proprietorship
AFF'RaVEDBY THE
C004CIL IIOHN WESSMAN, Licensee
BY RES. NO-
GENERAL ACKNOWLEDGMENT (( 20393'7 CAL-2,
`•••State of California On••• .• •On this the.�II II. ay of•• .��^��-4yy� ••••••••19a before me,
County of ° aQ } the undersigned Notary Public, personally appeared
—a
OFFICIAL NAL M-4kesonally known to me
NARTHA R. HIGGINS El proved to me on the basis of satisfactory evidence
NOTARY pnOLIC•CALIFOFNIA p Y
RIVERSIDE COUNTY to be the person(s) whose name(s) �5 subscribed to the
NY COMF1. EXP. DEC' 71. 199 within instrument, and acknowledged tha� Pxecuted it.
WITNESS my hand and official seal.
Notary's Signature