HomeMy WebLinkAboutA5714 - ZACHARY FRANKS AND JEFF S WHITE DOWNTOWN ALLEYWAY EASEMENT AGR DOG # 2008-0444419
08/13/2008 08:OOA Fee:NC
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RECORDING REQUESTED BY' Recorded in official Records
CITY OF PALM SPRINGS County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
AND WHEN RECORDED MAIL T0: I III IIIIIII II�III III���� III III IIIII III III
City of Palm Springs
P. 0. Box 2743
Palm Springs, CA 92263 S R W PAGE I SIZE I DA MISC LONG RRO COPY
Attn: Office of the City Clerk 11 LX M
M A L 465 426 POOR NCOR SMF CMG �p p
Filing fee EXEMPT per Government Code 6103 %
A5714
611
Easement Agreement
Downtown Alleyway - Chop House North Facing Wall Easement
Zachary Franks / Jeff S. White
rrtle of Document
THIS AREA FOR
RECORDER'S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applles)
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT hereafter referred to as (The "Agreement") is
made and entered into as of 13 wl_\ 1 , 2008 by and between (i) Zachary
Franks and Mr_ Jeff S. White, Trustee of tbe�. White Living Trust dated December
10, 1990 (hereafter referred to as "Owner"), and (ii) the City of Palm Springs, California
duly organized and existing under the laws of the State of California and the Charter of
the City of Palm Springs hereafter referred to as (the "Cit)"), with reference to the
following facts:
A. Owner is the owner in fee simple of the real property hereafter referred to
as "Owner Parcel" situated in the City of Palm Springs, California, commonly known as
262 South Palm Canyon Drive, Palm Springs (Exhibit "A"). Pursuant to this Agreement,
and subject to the terns and conditions set forth herein, the Owner is granting to the City
an easement over that portion of the Owner Parcel hereafter referred to as the "Chop
House North Facing Wall Easement."
B. The City desires to construct improvements on and adjacent to the Owner
Parcel to enhance the Downtown Alleyway and create a more inviting entryway from the
City's Multi-Level Parking Structure to the Downtown Corridor. These enhancements
include decorative block paving, lighting, bollards and decorative wall treatments.
C. The City requires an easement, hereinafter referred to as "Chop House
North Facing Wall Easement" for the provision of Downtown Alleyway Enhancements,
specifically the attachment of lighting fixtures and decorative steel panels along the North
Facing Wall of the Owner Parcel (Chop House Restaurant).
D_ City will assume responsibility for maintenance and repair of alleyway
improvements and including the steam cleaning and graffiti protection/abatement of the
Owner's building north facing wall along the Downtown Alleyway to a height of 15 feet-
H. The parties now desire to enter into this Agreement to grant to the City an
Easement to attach lighting fixtures and decorative steel panels on or adjacent to the north
facing wall/property line of the Owner Parcel and to provide for improvements to the
Owner Parcel.
NOW, THEREFORE, in consideration of the foregoing, the parties agree as
follows:
1. Dcfimtions.
(a) The term "Permittees" means (a) all employees, agents, customers,
visitors, invitees, and licensees of Owner and the City, respectively; and (b) any person or
entity legally entitled to the use and occupancy of space in any improvements situated on
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the Parcels, and their respective employees, agents, customers, visitors, invitees,
licensees, and subtenants.
(b) The term "Party or Parties" means Owner or City, their grantees,
successors, and assigns who become owners of any portion of the respective parcels. At
such time as any person becomes an owner of any portion of a parcel, lie shall be deemed
to be a Party to this Agreement and shall be conclusively presumed to have taken subject
to and assumed all of the obligations and burdens set forth in this Agreement pertaining
to the parcel of which their property is a part and to have automatically granted and
conveyed all easements described in this Agreement to all other Parties, their successors
and assigns, immediately upon such Party's acceptance of delivery of a deed granting and
conveying any portion of a parcel to such Party.
2. Payment for Lasement. As this easement will allow the City to
construct improvements that will directly benefit the Owner, there will be no cash
payment for granting of this easement.
3. Grant of Easement.
3.1 Grant of Easement by Owner. Owner hereby grants to City
an easement for the construction of improvements and maintenance for the benefit of
enhancing the Downtown Alleyway to create a more inviting access for public use.
3.2 Commencement of basement. The easement rights
contained herein shall commence immediately upon recording of this easement
Agreement in the Official Records of the County of Riverside.
3.3 Construction Easement. Concurrent herewith, Owner has
granted City a temporary construction easement to facilitate construction of the Proposed
Alleyway enhancements. The construction easement will expire on December 31, 2008.
3A Term of Easement. The easement granted to the City
pursuant to Section 3.1 above shall terminate and be of no further force or effect
immediately upon that date on which the City demolishes or permanently closes the
Public Parking Structure unless the Public Parking Structure is replaced by the City. The
City agrees to execute, acknowledge and deliver to Owner any documents or other
instruments reasonably requested by Owner in order to evidence such termination.
4. Improvement and Use of Alleyway Enhancements on Owner
Parcel and Redesiffn of Trash Enclosure on (:i Pro ert .
4.1 Construction of Alleyway and Trash Enclosure
Improvements. City has agreed at its sole expense to construct certain improvements on
or adjacent to the Owner's Parcel and to redesign the Trash Enclosure located on City
property adjacent to the Owner's Parcel. The right to use the Trash Enclosure shall run
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with the Owner's Parcel simultaneously with the easement granted herein and shall not
terminate unless this casement terminates_
42 Maintenance. City shall cause the North Pacing Chop
House Wall Easement including the building wall to a height of 15' to be maintained and
kept in good condition and state of repair consistent with the City's usual and customary
standards for maintenance of public spaces.
4.3 City-Owned Trash Enclosure. Owner shall have the right,
at no cost or expense to Owner or its tenants, to utilize the trash enclosure to be
constructed and maintained by City in conjunction with the Parking Structure. The
service fee for the collection of trash, refuse, garbage, grease or recyclables is payable to
a private entity and not covered by this section.
4.4 Condition of Owner Parcel. The City has made its own
inspection and evaluation of all aspects of the Owner Parcel. Except for the express
representations of the Owner set forth in Paragraph 8.3 below, the Owner makes no
representation or warranty or any kind or nature regarding the Owner Parcel or any part
thereof, including but not limited to its physical condition and/or its fitness for use.
4.5 Future Imnrovemenis by Owner. The Owner and/or its
Tenants shall have the right at Owner's sole discretion to construct public doors/entries or
service doors/entries including the addition of lighting, signage, windows, awnings or
canopy to the building at 262 South Palm Canyon Drive using the alleyway walkway as a
landing area. These future modifications, if implemented, shall be constructed in a
manner that is complimentary to the Downtown Alleyway Enhancements.
5. lndemni . Each Party severally agrees to defend and hold each
other Party harmless from all claims, damages, and liabilities including reasonable
attorneys' fees and costs of suit, resulting from any actual or alleged accident, injury, loss
or damage whatsoever occasioned to any Person or to the property of any Person as shall
occur on the Owner Parcel or the Driveway Easement of, or by reason of any act or
omission of, such indemnifying Party except to the extent caused by the indemnitee
Party.
6. Covenant Runnine with the Land: Quitclaim of Right of Way.
6.1 Covenant. This Agreement constitutes a covenant running
with the land within the meaning of California Civil Code Section 1468.
7. Notice.
7.1 Method of Notice. Any notice, request, demand, consent,
approval or other communication provided or permitted under this Agreement (any of
which is hereinafter referred to as a "Notice") shall be in writing, signed by the Party
giving such Notice or its duly authorized agent, and shall be given by personal delivery to
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the other Party or Parties or sent by Federal Express or other reputable express courier or
delivery service or by United States express, certified or registered mail, postage prepaid,
return receipt requested, addressed to the Party for whom it is intended at such Party's
address as shown opposite such Party's signature to this Agreement.
7.2 Effective Date of Notices. Unless otherwise specified, a
Notice shall be deemed to have been given when received, but if delivery is not accepted,
then the Notice shall be deemed to have been given on the earlier of the date that delivery
is refused or the third (P) day after the Notice is deposited in any official United States
postal depositary. Each Party, from time to time, by notice to the other Parties given as
set forth above, may change its address for purposes of receipt of any Notice.
8. General Provisions.
8.1 No Dedication. Nothing contained in this Agreement
constitutes or shall be construed as a gift or dedication of any portion of any of the
Parcels to the general public or for any public purpose whatsoever, it being the intention
of the Parties that the easements granted in this Agreement will be strictly limited to the
purposes set forth in this Agreement.
8.2 California Law_ '['his Agreement shall be interpreted,
enforced and governed by and under the laws of the State of California.
8.3 Representations- Each Party represents and warrants that,
as of the date this Agreement is recorded, (a) it is the owner of the real property which
such Party is described as owning in the recitals set forth at the beginning of this
Agreement; (b) it has not assigned or transferred or agreed to assign or transfer any of its
right, title or interest in or to its Easement Parcel or any portion thereof (excluding
interests granted as security for the performance of an obligation); (c) it has the authority
to enter into this Agreement; and (d) this Agreement is a valid and binding obligation of
such Party.
8.4 Transfers. Nothing contained in this Agreement does, or
shall be construed to, limit in any way the right and ability of the Parties to transfer, sell
or encumber their respective properties.
8.5 Encumbrances Subordinate. Any encumbrance recorded
after recordation of this Agreement or otherwise subordinated hereto affecting any
portion of the Owner Parcel shall at all times be subject and subordinate to the terms of
this Agreement and any person/entity foreclosing any such enctunbrance or acquiring
title by reason of a deed in lieu of foreclosure shal I acquire title to the premises or interest
affected thereby subject to all of the terms of this Agreement.
8.6 Miscellaneous. This Agreement may be modified only by a
written agreement signed by the owners of the respective Parcels. This Agreement shall
be binding on and benefit each successive owner of the Parcels. If any action or
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13/ e4a8'0aR
proceeding is commenced by any Party to enforce the terms of this Agreement, the
prevailing Party shall be entitled to recover from the other Party reasonable attorneys'
fees and costs in addition to any other relief awarded by the court. Time is of the essence
of this Agreement. The Parties' respective rights and remedies under this Agreement are
cumulative with and in addition to all other legal and equitable rights and remedies which
the Parties may have under applicable law-
"OWNER"
MR. ZACHAR/Y ,FRANKS
Address: By- Oki�
875 Kumulani Dr- Name:
Kihei, Ilawaii 96753
Attn: Mr.Zachary Franks
MR. JEFF S. WHITE s rustee of the JEFF S.
WHITE TR J7AT E EMBER 10, 1990
Address: By:
P. O. Box 240595 Name- 1�1��
Honolulu, Hawaii 96824-0595
Attn: Mr.Jeff S. White
"CITY,
CITY OF PALM SPRINGS, a charter city and
municipal corporation
3200 E. Tahquity Canyon Way By: �
Patin Springs, CA 92262 Its: .
Attn: City Manager
Attest:
ity Clerk
�7kh'�s 'rHrJwlPscaly
APPROVED / FORM:
N
By:
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EXHIBIT "A„
LEGAL DESCR1PT1ON
Real property in the City of Palm Springs, County of Riverside, State of California,
described as follows:
Lot 8 Block 28 of Palm Springs Tract, as shown by map on file in book 9 page(s) 432 of
Maps, Records of Riverside County, California.
APN: 513-154-017
IIIIII III III II IIIII IIIIII IIIIIII IIIII III IIII IIII IIII ee I 2 2 a4 esleen
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
"r--r.-r. r.%,.rw�cr.<-.�r.�•-.r•- ter.•-r r-�c-r--r r r-r-r•M- -r•:c --yc• r.
State of California
County of R t y a r s l d e-
On v 0 � before me, J U a t V\ C- o% 0 Norta r�r �U
rO Date Here Insert Name and Title of Ine Officer
personally appeared Dh V t d H . R 4 7- a m e5 ` �I 0 m pS o Y)
/ Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the persons)whose name@)-iso subscribed to the
within instrument and acknowledged to me that
the executed the same in /the_lr authorized
capaci les and that by h sf thel signature on the
JUDITH A. NICHOLS instrumen the personQ or the entity upon behalf of
Commission # 1796299 which the persons acted, executed the instrument.
v Notary PublIC -California
son Bernardino County I certify under PENALTY OF PERJURY under the laws
ceirrn 21,2012 of the State of California that the foregoing paragraph is
true and correct.
WITNESS m hand and official seal.
Signature -
Pl:Aro Nolary Soal Abwa Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
0 iption of Attached Document
Title or Type o-Document
Document Date: Number of Pages:
Signer(s) Other Than Named •:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual •I ddivldual
❑ Corporate Officer—Title(s): ❑Corporate Officer--Title(s):
❑ Partner—❑ Limited ❑ General _ _ _ ❑ Partner=j=] Limited ❑ General _
❑ Attorney in Fact r ❑Attorney in Fact -
Trustee Top DI thumb here ❑Trustee \• Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0207 National Notary Association-9350 Do,9ole Ave..PO Bw12402•Chatsworth,CA 01313.2102•www NatianalNotaryorg Item;ssw Reorder Call Toll-Free1��0.�76-6327
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NOTARY PUBLIC
STATE OF FIAWAII )
) SS.
CITY AND COUNTY OF HONOLULU )
On this 1 lth day of July, 2008, before me personally appeared Jeff S. White, who 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 same in his
authorized capacity, and that by his signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
Witness my hand and seal. g , D,
Elina J. T. Tabudlo
My commission expires: 05/06/2011
NUMA J. 1. MUM
wo of 14=01
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Doc. Date: July 13, 2008 #Pages: 5
Notary Name: Elina J. T. Tabudlo First Circuit
Doc. Description: Easement Agreement—
Trash Enclosure/Alleyway Improvement Projects
r6, -�rJyJy
Elina J. T. Tabudlo Date
IIIII IIIIIII�I IIIII(IIIII II�IIII IIIII III IIIII I (III �AA9 of 11 R o 0ee
proceeding is commenced by any Party to enforce the terms of this Agreement, the
prevailing Party shall be entitled to recover from the other Party reasonable attorneys'
fees and costs in addition to any other relief awarded by the court. Time is of the essence
of this Agreement. The Parties' respective rights and remedies under this Agreement are
cumulative with and in addition to all other legal and equitable rights and remedies which
the Parties may have under applicable law.
"OWN ER"
MR- %ACHARYFRANKS
Address: By:
875 Kumulani Dr. Name_ IZAni
Kihei, Hawaii 96753
Attu_ Mr. Zachary Franks
MR. JEFF S. WHI as Trustee of the JEFF S.
WHITE TRUST, ATED DECEMBER I , 1990
Address: By:
P. 0, Box 240595 Name:
Honolulu, Hawaii 96824-0595
Attn: Mr. Jeff S. White
"CITY
CITY PALM SPRINGS, a charter city and
n 1 pal corpo,ation
3200 E. Tahquitz Canyo Way By:
Palm Springs, CA 92 2 Its: ✓
Attn: City Manager
Attest: 117
By
C' Clerk
WI
APPROVEDAS q FORM:
BY:
Title:
pc:t.�� 1-�Fsl�LA1J
2008-0444419
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O,��ard
State O� )
)ss.
County ofy^rJ1aM /{I
`7 On -►r '6 before me, &LAC
Date Name and Title of Officer
personally appeared I R— r j
Namc(s)of Signals)
who 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 signatures(s)on the instrument the person(s),or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PER)URY under the laws of the State C•niifr at the foregoing paragraph
is true and correct.
WITLSmynd a d fficial seal
OFFICIAL SEAL
BRUCERAMSEYER
NOTARY PUBLJC OREGON
COMMISSION NO.403788
MY COMMISSION EXPIRES MAY 26,2010
ofNotary Public
20OM444419
08/13/2003 08 00R
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