HomeMy WebLinkAboutA5273 - DESTINATION RAMON LLC PLACEMENT OF ARTWORK ON PRIVATE PROPERTY DOG # 2007-0256795
04/17/2007 08:00R Fee:NC
Pago 1 of a
Recorded in Offaci�l Records
County of Riverside
Larry W_ Ward
RECORDING REQUESTED BY Rssessor, County CAerlc y Recorder
AND WHEN RECORDED RETURN TO: 1111111111111111111HE II IIIIIII 1111111111111111
CITY OF PALM SPRINGS s R u PAGE SIZE �q MISC LONG RFd COPY
City Clerk
P.O. Box 2743 M A L 465 1 426 PCOR NCOR SMF Z!ryG E%AM
Palm Springs, CA 92263-2743 gaj ,
Space Above this Line Reserved for Use by Recorder
I
B-O.W._ 370-1-64
GRANT OF EASEMENT AFFECTING LEASEHOLD INTEREST A lll�
This Grant of Easement (this "Easement") is eXecuted as of this 2t" day of
plarLtiJ , 2007, by Destination Ramon LLC, a California limited liability company
("Grantor"), pursuant to that certain Agreement for Placement of Art on Private Property
dated as of December 8 , 2006 ("Agreement") by and between the City of Palm
Springs, a municipal corporation, and Grantor, on file in the office of the City Clerk.
RECITALS
A. The City of Palm Springs (the "City') administers a Public Art Program
which authorizes the placement of works of art on appropriate private property which
encourages public access and viewing of the artwork-
B. Grantor is the master lessee of certain property ("Property") generally
described as the Destination Ramon Shopping Center, located at 5601 Ramon Road in
the City of Palm Springs and as more particularly described on Exhibit "A" to this Grant
of Easement Affecting Leasehold Interest.
C. Pursuant to its authority under Chapters 2.24 and 3.37 of the Palm
Springs Municipal Code, the City has authorized Grantor to install a sculpture titled
"Cahuilla Basket" as a public art installation in lieu of payment of fees for public arts that
would otherwise have been paid in connection with the construction of a shopping
center located on the Property.
D. The Agreement sets forth in detail the obligations of Grantor with respect
to the artwork, including insurance and maintenance.
E. In furtherance of that Agreement, and Section 8 thereof, Grantor seeks to
grant to the City a non-exclusive easement over and across the Site for purposes of
displaying the Artwork and allowing the public access to the Site to view and enjoy the
Artwork at reasonable times and in a reasonable manner.
NOW THEREFORE, in consideration of the foregoing Recitals incorporated herein by
this reference, and for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Grantor hereby grants and conveys to the City, for the
term of Grantor's leasehold interest (pursuant to amended and restated lease PSL-
244B), a nonexclusive easement in gross over and across that certain portion of the
shopping center located at 5601 Ramon road in the City of Palm Springs more fully
described in Exhibit A attached hereto and incorporated herein by reference which
serves as the permanent location of the artwork that, is the subject of the Agreement.
This easement is granted for purposes of displaying the artwork, and allowing the public
access necessary for viewing and enjoyment of the artwork at reasonable times and in
a reasonable manner.
Grantor covenants and agrees that upon termination of the Grantor's master lease in
the Property, Grantor shall convey all of its interests in the artwork to the master lessors
or the City subject to the terms and conditions of the Agreement.
This Easement shall be binding upon and inure to the benefit of successors, heirs, and
assigns of Grantor and Grantee, provided, however, that in the event the artwork is
relocated or removed consistent with the terms of the Agreement, this Easement shall
terminate and shall be of no further force or effect.
IN WITNESS WHEREOF, Grantor has executed this Easement by the signature
of its duly authorized representative as of the date first',wrltten above.
"GRANTOR"
DESTINATION RAMON LLC
a California limited liability company
By: RJ VENTURES LLC
Its: Manager
By:
Name: Stanley G. Rothbart
Its: Manager
Illllllllll lilllfllllllill lllllll IIIIllllllll „7�z007587S.71
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
) SS
County of Los Angeles)
On March 26, 2007, before me, Sheila V. Treese, notary public in and for said State,
personally appeared Stanley G. Rothbart, personally known to me 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 official seal.
(Seal)
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Signature � V Car,q sI
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IIlI��Illlllllllfilll 111111h IIIIIIIll1111111111111 �P'3��s,9e�9
.fi ui arrR- LARRY W, WARD Recorder
COUNTY OF RIVERSIDE P 0 Boa 751
* ASSESSOR-COUNTY CLERK-RECORDER Riverside,CA 92502-0751
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NOTARY CLARITY
Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury
that the notary seal on the document to which this statement is attached reads as
follows:
Name of Notary: ' , lr> _y• � ���
Commission #:
Place of Execution: �s �11��-r�= �jal)h) I gCA -
Date Commission Expires: — �J � • �d. ]fin y
Date:
Signature" G �/!i1/1Ii✓
Printed Name: F- ��II I��II�I�I�II IIIi
II I IIII� IIf III��I III I II �I I I��I 34269Fl@4 7� c FA
UNITED STATES
DEPARTMENT OF THE' INTERIOR
BUREAU OF INDIAN AFFAIRS
PALM SPRINGS AGENCY
APPROVAL OF
GRANT OF.EASEMENT AFFECTING LEASEHOLD INTEREST
PURSUANT TO TRAT CERTAIN AGREEMENT FOR
PLACEMENT OF ART ON PRIVATE PROPERTY
The within Grant of Easement No_ 370-1-64,between Destination Ramon LLC, a
Califomia limited liability company, and the City of Palm Springs,a municipal
corporation,consisting of five pages including all notary acknowledgements and
includiva Exhibits "X'&"B"is here by approved as to form.
Dated: — 7 �� �
Superintendent
Palm Springs Agency
Bureau of Indian Affaus
Pu--t to the authority of ddcaatcd by 209 DM
8,230 DM 1,and 3 IAM 4 and Sacramento
Redelegation Order No.1 (43 F1.30131,dated
July 15,1978).
I I III`` III ORIGINAL
IIIII �I IIII III I��I�I III�II��I�� �II�AI�I�II I��I 55117p 5[&65a6.R
pAL/J,
City Of P�3' i Springs
Office of the City Clerk
" m`O^'•en,,-m'° * 3200E Taliyuin Canyon Way ° Palm Springs,C.-iliroinia 92262
C"(Cl pp RJ�� TU,(760)323.E?011 ' r (760)322-8322 ^ Web m .palmspnngs-m go
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CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by
GRANT OF EASEMENT AFFECTING LEASEHOLD INTEREST
R.O.W. 370-1-64
dated: March 26, 2007
from,
DESTINATION RAMON LLC
Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is
hereby accepted by the City Clerk of said City of Palm Springs, on this 6`h day of April,
2007, pursuant to authority granted by the City Council of said City, by Resolution No.
20255 made on the 16th day of January, 2002, and the Grantee consents to recordation
thereof by the City Clerk, its duly authorized officer.
Dated at Palm Springs, California, this 6t�' day of April, 2007.
;/M SONES THOMP Clerk
I IIIIII IIIII I III IIIl I IIII I I II III I IIIII I III II Q4150of 6£ QpR
Posr Office Box 27/13 ° Palm Springs, California 92263-2743
AGREEMENT FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY
This AGREEMENT FOR PLACEMENT OF ART ON PRIVATE PROPERTY AND
GRANT OF EASEMENT ("Agreement") is entered into as of laps _. $ 2006 by and
between the CITY OF PALM SPRINGS, a municipal corporation ("City") and Destination
Ramon, LLC ("Owner").
RECITALS:
A. The City has established a Public Art Fee Program which authorizes the
placement of works of art on appropriate private property which encourages public
access and viewing of the artwork.
B. Under the Public Art Fee Program, artwork may be provided or an "in lieu"
fee may be paid.
C. Owner desires to commission a work of art and have such work of art
placed on its property in accordance with this Agreement and the City of Palm Springs
Public Art Program as established by Chapters 2.24 and 3.37 of the Palm Springs
Municipal Code ("Public Art Ordinance").
NOW THEREFORE, to comply with the requirements of the Public Art
Ordinance, and for good and valuable consideration, the parties hereto hereby agree as
follows:
1. City Representative. The City of Palm Springs Public Arts Commission,
an agency of the City ("Commission"), shall be the City's designated representative with
respect to this Agreement. Under the direction of the City Council, the Commission shall
have the authority to give approvals or consents required hereunder and to otherwise
act on behalf of the City for purposes of this Agreement.
2. Agreement to Commission Work of Art. Owner has commissioned a work
of art described as Cahuilla Basket, and shown on Exhibit "A" Artwork . Owner is solely
responsible with respect to the contract entered into for the commissioning of the
Artwork ("Contract") including responsibility for all payments to be made thereunder-
3- Duties of Owner. The Owner is the master lessee certain property
("Property") generally known as the Destination Ramon Shopping Center, as shown on
Exhibit "B" ("Site") attached hereto and incorporated herein. The Owner has agreed to
permanently locate the Artwork on a portion of the Owner's property which portion is
generally depicted and described as the Site on Exhibit "B". Owner shall provide for the
installation of the Artwork on the Site at its sole cost and expense, including, without
limitation, constructing any improvements necessary for displaying the Artwork.
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G'NFj/0RAGR ELM i
4. Default.
(a) Cure Rights. In the event of any default or breach of any of the
covenants or conditions contained in this Agreement by Owner, City shall have all rights
and remedies permitted at law or in equity including, without limitation, the remedy of
specific performance. Additionally, in the event that Owner has not cured any curable
default hereunder within thirty (30) days after written notice from City of such default,
City shall have the right to cure such default and charge Owner with the cost thereof,
including all costs incurred in connection with enforcing this Agreement or in collecting
such amounts from Owner.
(b) Location and Removal of Artwork. The Artwork shall not be
removed from the Site without the prior written approval of the Commission, which
approval may be withheld in the Commission's sole and absolute discretion or subject to
such conditions as the Commission may impose. In addition to any other remedies
provided herein, in the event that the Artwork is destroyed, removed from the Site, or
improperly maintained by Owner, the Commission may either require the Owner to (i)
pay the art in lieu fee as set forth in Section 7 below to City or (ii) replace the Artwork
with substitute Artwork of a comparable quality and value as determined in the sole
discretion of the Commission.
5. Identification. The Artwork shall be identified by a plaque stating the
artist's name, the title, the date the Artwork was completed and stating that the Artwork
was funded through the City of Palm Springs Public Arts Program. The plaque will be
placed in an appropriate location near the Artwork that facilitates viewing by the public.
6. Ownership. Upon the acceptance of the Artwork and payment therefor,
the Artwork and all rights thereto shall be conveyed by Artist to Owner for the duration
of the Owner's leasehold interest in the Site or unless the Owner and Commission
agree to other terms or conditions as may be required pursuant to relocation of the
Artwork as provided in Section 4(b) of this Agreement. Prior to or upon the termination
of the Owner's leasehold interest in the Site, the Owner shall convey the Artwork, and
all related rights and interests, to the master lessors of the Site, at no cost to the master
lessors and subject to the master lessors entering into an agreement with the City for
the maintenance and preservation of the Artwork, or to the City, at no cost to the City,
after giving the Commission ninety days written notice of the effective date of the
termination of the Owner's leasehold estate, during which time the City may remove and
relocate the Artwork.
7. Refund of Purchase Price. The City shall reimburse the Owner, an
amount equal to the lesser of; (i) the actual amount paid by Owner to the Artist under
the Contract; or (ii) the amount previously paid by Owner to the Public Art Fund. The
amount to be refunded shall not exceed the amount paid into the Public Arts Fund by
the Owner. The Owner's request for reimbursement shall be submitted only after the
Artwork is installed and approved by the Public Arts Commission. The request for
reimbursement shall be in writing and include (i) a copy of the permits set forth in Exhibit
"C" attached hereto ("Permits") clearly showing the art fee and (ii) a copy(s) of the
1)
invoice Exhibit "D" attached hereto ("Invoice") paid to the Artist and related
subcontractors if any.
8. Grant of Access. Destination Ramon, LLC (Owner) agrees to grant and
convey to the City of Palm Springs a non-exclusive easement over and across the Site
for purposes of displaying the Artwork and allowing the public access to the Site to view
and enjoy the Artwork at reasonable times and in a reasonable manner as set forth in
the "Easement" attached to this Agreement as Exhibit "F".
9. Maintenance. Owner shall provide all maintenance necessary as
recommended by the artist with respect to the Artwork to preserve such Artwork in first
class condition. Owner agrees to maintain the access paths, landscaping and other
improvements to the Site in first class condition. Owner shall repair and/or replace any
damage to the Artwork within fourteen (14) calendar days of such damage being
discovered. In the event any graffiti is discovered on the Artwork, owner shall remove
such graffiti on the day it is discovered. So long as the Artwork remains on the Site,
Owner shall keep, maintain, repair and replace the Artwork in a good, clean and first
class condition and of the highest quality. Materials used to restore, repair or replace
any portion of the Artwork shall be of equal or better quality than the original materials
used in the Artwork. When necessary, Owner shall consult the artist or another
competent Artwork conservationist or restoration specialist to determine the best
methods of such restoration or repair. All such maintenance, repair, replacement and
restoration shall be at the sole cost of Owner. In addition to all other remedies provided
by law, in the event the owner fails to maintain the Artwork, upon reasonable notice, the
City may perform all necessary repairs, maintenance or secure insurance, and charge
the Owner for the costs therefor. In the event the Owner fails to reimburse the City for
the reasonable costs thereof after reasonable notice, the City may assess its costs
against the Property and establish a lien to be collected in the same manner as
nuisance abatement liens pursuant to Section 11.72265 of the Palm Springs Municipal
Code.
10. Compliance with the Law. Owner hereby agrees to comply with all
applicable statutes, ordinances, orders, laws, rules and regulations, and the
requirements of all federal, state and municipal governments and appropriate
departments, commissions, boards and offices thereof, which may be applicable to the
display of Artwork on the Site or to the use or manner of use of the Site. Without in any
way limiting the foregoing, Owner agrees to comply with The Visual Artists Rights Act of
1990 (17 U.S.C. 101, etseq.).
11. Insurance. Owner shall procure and maintain, at its sole cost and
expense, in a form and content consistent with industry standards, with an insurer
qualified to do business in California and rated "A" or better in the most recent edition of
Best Rating Guide with a financial class category of Class VII or better, unless such
requirements are waived by the Risk Manager of the City, during the entire term of this
Agreement and at all times while the Artwork is located on the. Site, the following
policies of insurance:
3
(a) Com rehensive General Liability Insurance. A policy of
comprehensive general liability insurance together with a Broad Form CGL
Endorsement and insuring against contractually assumed liability which shall specifically
insure Owner's indemnity obligation under Section 12 below. The policy of insurance
shall have a combined single limit liability of One Million Dollars ($1,000,000.O0).
(b) Workers' Compensation Insurance. A policy of Workers'
Compensation Insurance in an amount as would fully comply with the laws of the State
of California and which shall indemnify, insure and provide legal defense for both Owner
and the City against any loss, claim or damage arising from any injuries or occupational
hazards or diseases occurring to any worker employed by or any person retained by
Owner in the course of carrying out the obligations of this Agreement.
(c) Fine Arts Insurance. Owner shall procure and maintain fine arts
insurance on the Artwork an all risk form with limits not less than Eighty Thousand
dollars ($80,000.00) and a deductible not to exceed FIVE THOUSAND DOLLARS
($5,000.00) for each loss. The payment of any deductible amount shall be the
responsibility of Owner
All of the above policies of insurance shall be primary insurance and shall name the
City, its officers, employees, and agents as additional insureds. The insurer shall waive
all rights of subrogation and contribution it may have against the City, its officers,
employees and agents and their respective insurers. All such policies shall provide that
such insurance may not be amended or canceled without providing thirty (30) days
written notice by registered mail to the City. Cancellation clause shall read "SHOULD
ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY SHALL MAIL 30 DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT". In the
event any of such policies are canceled, Owner shall, prior to the cancellation date,
submit new evidence of insurance in conformance with the requirements of this
Section 11. Owner shall provide the Commission with Certificates of Insurance
evidencing the insurance coverages and policies required hereunder. Owner agrees
that the existence of any insurance shall not limit or otherwise affect Owners obligations
under this Agreement.
In the event the Risk Manager of City determines that the work or services to be
performed under this Agreement creates an increased or decreased risk or loss to the
City, the Owner agrees that the minimum limits of the insurance policies required by this
Section 11 may be changed accordingly upon receipt of written notice from the Risk
Manager, provided that the Owner shall have the right to appeal a determination of
increased coverage by the Risk Manager to the City Council of City within 10 days of
receipt of notice from the Risk Manager.
12. Indemnification. Owner hereby agrees to Indemnify, defend and hold
hermless the City, its officers, agents and employees from and against any and all
actions, suits, claims, damages, losses, costs, penalties, obligations, errors, omissions
or liabilities (collectively "Claims or Liabilities") arising out of or in any way connected
4
with any act, omission or negligence of Owner, Its agents, employees or contractors, or
from the existence of the Artwork on the Site, or related to this Agreement, including,
without limitation, bodily injury to or death of persons, injury or damage to property and
attorneys' fees, but excluding such Claims or Liabilities resulting solely from the willful
misconduct of the City, its officers, agents, representatives or employees who are
directly responsible to the City.
13. Rights to Artwork. All copyrights to the Artwork shall be transferred to the
Owner together with the Artwork. Artist and Owner shall share copyright to the Artwork
with the City in accordance with the terms and conditions set forth in Exhibit "E"
attached hereto ("Copyright Agreement").
14. Mortgage Protection. No violation of this Agreement shall defeat or render
invalid the lien of any mortgage or deed of trust given in good faith and for value. All of
the covenants and conditions contained herein shall be binding and effective against
any party whose interest is derived through foreclosure, trustee sale, deed in lieu of
foreclosure or otherwise provided, however, that any mortgagee or beneficiary who
takes title to the Site pursuant to foreclosure or deed in lieu of foreclosure or any
purchaser at a foreclosure or trustee sale shall take title free of any claims against
Owner arising under this Agreement which became due and payable prior to the date
such mortgagee, beneficiary or purchaser takes title hereto.
15. Successors and Assigns. The obligations of Owner under this Agreement
shall be binding on Owner's successors and assigns and shall burden the Site and shall
run with the land and be binding upon all successors and assigns acquiring any right,
title and interest in and to the Site.
16. Attorneys' Fees. In the event that any action or proceeding is instituted for
the interpretation or enforcement of this Agreement, the prevailing party in such action
or proceeding shall be entitled to recover from the other party, all costs and expenses
related to such action or proceeding, Including, without limitation all attorneys' fees and
expert witness fees, both at trial and on appeal.
17. Integration. This Agreement and other documents expressly incorporated
herein by reference contain the entire and exclusive understanding and agreement
between the parties relating to the matters contemplated hereby and all prior or
contemporaneous negotiations, agreements, understandings, representations and
statements, oral or written, are merged herein and shall be of no further force or effect.
18. Modifications. Any alteration, change or modification of or to this
Agreement, in order to become effective, shall be made by written instrument or
endorsement thereon and in each such instance executed on behalf of each party
hereto.
19. Counterparts. This Agreement may be executed in counterparts which,
when taken together, shall constitute one executed document as though all signatures
appeared on one copy.
5
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the
date first above written.
"OWNER"
DESTINATION RAMON, LLC.
a California limited liability company
By RJ VENTURES LLC
Its: Manager
Name: Stanley G. Rothbart
Its: Manager
"CITY„
CITY OF PALM SPRINGS,
a municipal corporation
ATTEST:
S
y. By:
City Clerk City Mara
APPROVED By CITY COUXIL
APPROV AS TO FORM:
6
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Special Requirements
Waiver of certain Insurance Requirements as specified under Section 11 of this
Agreement.
1. Contractor is a sole proprietor; therefore, Section 11-Workers' Compensation
Insurance (b) does not apply.
2. Section 11. (c) shall be amended to read as follows-
"...All such policies shall provide that such Insurance may not be amended or
canceled without providing ten (10) days written notice by registered mail to the
City. Cancellation clause shall read "SHOULD ANY OF THE ABOVE
DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE
THEREOF, THE ISSUING COMPANY SHALL MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT". "
Permit Summary
Pursuant to Section 7. Refund of Purchase Price the following building permit numbers
pertaining to the public art fees shall apply to the reimbursement of the costs paid to the
artist for the artwork.
Permit Number Public Art Fee Paid
C 11601 $1,060.97
C11933 $64,658.15
C11938 $5,634.40
C11939 $4,231.88
C13039 $1,250.00
C 13626 $1,185.97
C 14632 $1,600.00
Total Public Arts Fee Paid: $79,621.37
o• '"`" � City of Palm Springs
BUILDING PERMIT
•C'rlIrOIA11'�*•
P TritTetlnklan Angela I,aFrance
DATE PAW CHECK PLAN CHECK CASE 6 E M P EP HP
sUBMnrED 2/3/2005 NUMBER FEE MUM nF11 5. 0957 " Ts x X x
ohwhcr Address Pharr slate uc Nuff tr
Stan Rothbart 1801 Ave. of Stars, Los Angeles, 310) 277-6288
Ca"Uadx' Adobes Mho"0 StiM1e LIC.Numiw
Eleven Western 2862 Executive, E$condido, Ca 760) 796-6346 439901
A'diRea Ad*esa TOW value of wank S 212, 194 . 00
Sewer Ao mdrt•
anirn c OKI& r sdnd Fc
rhmxe Un 0
Hot x 310&M Tract I UAft Address &Aft pgffft
4 + TR19544 5601 RAMON ROAD EAST 001.32MI 1, 575. 60
Wsze Zone FkrOht omwmy AA No. Tmika Flan Chmk
M1 1 1 001.34301 0. 00
Setbadm AS F uv srde Side RW Pa cd Numbm ( SMUN Tax
Constructed 680-170-034 001-37112 44. 56
Square &Ald V Qrape/f3 P*t Roordi Pam/porgh MWdAm
Footage I 001-343M 15. 00
use of t ulft SM1P hype PemRType CMSL TyJ a Fim SpvO* WIN Hew Seer CnF0013W22D4
wxa L
Commercial 2 CML 0 0 70. 50
class of "M' A"104 Aftmbor FW* Renndq R.emoral RepIaCG m TicWolt x 1 0 . 00
x work In&W: mw/Mist
common area permit for cut & fill grading, on-site sewer and 001-32s10 0. 00
water, site lighting, 2590 LF screen wall, 502 LF chain link
fence , 95 •L.F of retaining wall. monuments for signs. All p
approved grading plan and on-site plans. 001-3R03 0. 00
sews•DW&Ctkah
118,710 c.y. cut • 001-32202 0. 00
�p.y. fill S�Mar,
See building plans for electric services. 40.38AM 0 . 00
On site sewer and water calculated by valuation using s�A
greWWK
public works fee schedule.
TM 0. 00
sewer CWW*Wxr Fee
DO Nor CONCEAL QR COVER ANY CONSIMICTION IMRL THE WORK 1s✓INSfom- 42Q-30703 Q. 00
IMPORTANT Dress Fe< 0. 00
The Issuance of this permit shall not be held to be an approval of the violation of any provisions of any TUMF Fee
dty or county ordinance or state law. 13433110 0 . 00
Inspections of work are subject to an approved set of plans being on the job. Changes to plans are Ml"•Hb9Fee
not to be made Without permission of the Building and Safety Divisions, 0 . 00
Puhrk Arm Fee
The owner and/or contractor is responsible far establishing all property lines.NI utilities must be 150-�090 1, 060 . 97
underground.
Pwwrg Fee
This permit will e0re If work is not started In 180 days or If more than 180 days elapses between 001.31303 0 . 00
Inspections. Tedvnhp/Fee
I certify that I am familiar with all requirements of the City of Palm Spti&s vas they apply to this Ae"It 7IO1a2711 275 . 85
and understand that these requirements must be completed prior to final lnspectlon and that no Ger�lal Pun M'p'e'Fee
certification of occupancy will be issued until such time as these requlremedts,are met I certify that iox-31310 129 .44
I have read this application and state that the Information is true and oorr>"ct, FEB Z 5 ZQ�S
IT'fOFW '`_�F"F-t %TALFEE 3, 171. 92
OWNER 00NMACTOP4AGENT DATE �"� ISSUED 6Y
-Ibis Is a Building when properly filled out,signed and validated,and Is not transferable.Rl rTr nTldC nGn /� +r rndv ...•.....�......no.+�■ . 1 ■ RTr
ai
City of Palm Springs
BUILDING PERMIT
•C�GFpR��'•
- PrnnkTeduddan .Angela LaFrance
DATE PLAN CHECK PLAN CHECK ' LASE h E M P FP HP
w8m rmt, 5/10/2004 NUMBER 9086 45000 NUMBER 5 . 0957 PERMITS X X X X X X
owner Aadn Phme sate uc NUTZer
Walmart Stores Inc 20D1 S.E. loth, Bentonville, AR 479) 273-4627
Canb"t* Addles Phare sate Lic-N~
Eleven Western 2862 Executive, Escondido, CA 760) 796-6346 439908
Amwt" Addn= Tnalvaloeorwo*s 12, 931, 630 . 00
Perkowitz/Ruth III W. Ocean Blvd. Long Beach, CP sew A"nvnt#
Engineer A sdadFee See Receipt
KPFF Con. Eng 18400 Von Karman, Irvine, CA Fbnwe Unit 385
La# Block# Tract Budding Awns BWAding PerrN[
4 + TR19544 5601 RAMON ROAD EAST BL -422oi 5 3
Lot Bbe zone Height Ompwa A.A.No, TOW Nei PWn peck
958320 M1 A3/M/S31 5 . 0957 1 246555 on-38a, -
Setbaek5As Fmt JS& Side Bar MrW Number SHIM"
Constructed 680-170-034 00Ia7112 2, 715 .64
Square Gdift G2rdgeJ4Dtrt Poled Paw/Porch micram
Footage 225833 1 20722 001.34300 125 .00
Use of aixwti2 slap Type Pe It Type Cant Type Fire SprbYde I U,& New sew Or Pmdt tmi a ce
Commercial. 2 CML VN Y 0 0 odraaza 94 . 00
Gass of New A=tkve I Aber OM I Bryatr I P�T"0dd Ren" NeDlare Carobucbon Tax
Work X 001-31601 98,622 . 00
De<nibe work n dew: Dbi.Re/Wm/Mls
Construct type V-N FS Walmart Superstore Retail, Building D01-37210 0 . 00
w/Auto Center, Garden Area, snack Bar, Offices, Break ConejudianPumdt
rooms, Pharmacy, Optician Center, Hair Salon, Photo
Studio, Grocery & Meat Market & Bakery. 0DI-37203 0 . 00
n~ SelverIIspecti^
00W2202 92 . 00
Spa-wiCondltiang: i Y I seas Main
�Q5 420-JV04 0 . 00
�_, `� sew«AgreemdlE
LnLvm�m'-'A—FICTE�D
Or y ..f+t •..'�"• 5e Caxlectim Foe
Do NOT CONCEALoaCDVERANYCNSMlMON 420-3M3 78, 155. 00
IMPORTANT Dial age Fee
135a2400 202, 664 . 00
The Issuance of this permit$hall not be held to be an approval of the violation of any provisions of any THMF fee
city or county ordinance or state law. 13a-33110 296, 161. 87
Inspections or work are subject to an approved set of plans being on the job. Changes to plans are MBe Filig Fee
not to be made without permission of the Building and Safety Divisions. 0. 00
Public NG Fee
The owner and/or Contractor Is responsible for establishing all property lines.All utilities must be I50-34390
underground. Pu,"ng Fee
This penult will expire if work is not started in 180 days or if more than 180 days elapses between 001a4303 :°64 0 . 00
tnspectons. TeJVKkgy Fee
I Certify that I am familiar with all requirements of the City of Palm Springs as they apply to this permit 00hJ2ZI4 16, 811. 12
and understand that these requirements must be completed prior to final inspectlon and that no C'a M"Malnt Fft
certification of occupancy will be issued until such time as these requirements are met I certify that 001.34310 7, 888 .29
I have read this application and state that the information is true and correct.
TOTAL FEE 82,3, 1385. 18
OWNER/CONTRACrOR(AGENT DATE ISSUED BY
This is a Building when properly filled out,signed and validated,and is not transferable.
BUILDING DEFT. COPY prn NlIM6@R 11 C)
City of Palm Springs
BUILDING PERMIT
Pom -Fa initlan
wTE Puu oleq Pw+o� raw e c n r m m
suaMnTeo 10l18/2004 "'"'� 20006 r� "'""eP1 7 "E°�'"Ts X X X X X X
DM+Mr woiev Prone 5� uo monioer
gQ,thbart Dev, C rp , 1801 Ave Qf tars Las Angeles, _ 310)277-6288
E'rc��]
�a Addrm Tomraveano6; 1,126,881.00
$, E Inc. 1050.Wilshire, Troy,,Ml
Evwr "°°m schmre< See Receipt
SSOE n sajn� _ _ Fb t units 8
Lof 1 •..... 7F,
ud eulloYq rm�ee BAd6p Pom*
4 +, TR19544 60 O ROD fiLj1 GoBz 1. 7,993.60
l SLt 7nne IMlgit Draysty AA.rid Tod Ina p6n aleck
2.22 al;res M1 M/B/S1 509 57 2OO87 oo�-„zo, 1,712.77
Setbacks As Fwt Sae Sde Fea PwW Number .sr4W TV
constructed - - 1 I f8 -17 - 4 001-niu 236.65
Square ouli w - 6Prt90Camur P40W P&IP70 7mgAm
Footage 20087 001-343M 50.00
use of bdrd4N SNIPTPC PnmltrP C"&Tm Rmwdh w Ike Nqv Sewer Pamtlsstwirn
Com e i 1 2 . CMS_. 2N Y0 Wlxua 94.00
class of '"r`i ldartide nrteauens eywlr ae+cdd Removal aepa® won Tax
Work
X ooialwi — - - 8.034.89-
besolbewv In&WI! _ Dd.FaXyRmwM�
Construct new commercial building for"Petsmart"petstore toi-axzlo O.QO
with grooming and animal medical services. Cwm,nmn remY
001-a2= 0.00
5e lnspecuon
801.n= .._.-- HQ-
sPeeel cffd"w suer mw
Business: 5129.73 SF 4xo-xma 0.00
Receiving: 1334.92SF se,np , t
Retail: 13180.36 SF 0.00
Storage: 442.1 SF -
Sonr[w.ndbm rem
TTJMF FEE$CPddAhflc6dld�0bM tBnfYSit�kGiFIIoF&M�rs r srEc m 4xo ma 16.240.00
SILL FOLIVIO IN FILL, Ora
IMPORTANT 9`F0G
05ax40o 20,450.64
The issuance of this permit shall not be held to bean approval of the violation or any provisions of arty nn4F Fey
city or county orcilmnce or state law. Lwaarm 1. _ -. 4,788.30
Inspections of work are subject to an approved set of plans being on the job. changes to plans are M4c MMq Fm
not to be made without permission of the Building and safety Divisions. . _.. .. A.M.
IANkN Fm
The owner and/or Contractor is responsible for establishing all property lines.All utilities must be L90.34M 5 34
underground.
nwwq nee ,
This permit will expire If work Is not started In 180 days or If more than 180 days elapses between 001-3430 800.00
Inspections. TKM.d Fee
oor•3zu4 I certify that I am familiar with all requirements of the City of Palm Springs as they apply to this perm 1 464.95k - �
and u6detstend that these requirements must be completed prior to final Inspection and that nD
certification of occupancy will-be Issued undl such time as these requirements are met I certify that 00141310 S0_
I ham
re/read this application and state that the Information Is true and correct.
OWNER/o]NTRAcroR/AGENT ---- DATE ISSUED BY
This Is a Building when properly filled out,signed and validated,and is not tianiferdble. (y�J p
INSPK70R'S COPY PERMIr NUMBER C 938i
r
City of Palm Springs
BUILDING PERMIT
•�"fLIFLIRM��•
Pordt Tadxddm Angela LaFrance
DATE PUN CHECK PUN CNFO( CASE 1 E M P eP HP
suannwo 10/8/2004 NUMOtR 9943 FEE 754 N''"Pm 3 .2591 FERHM X X X X X X
Owner Adder Phw¢ Sre1F Llc Hu
Stan Rothbart 1801 Ave. of Stars, Los Angeles, 310) 277-6288
-CuiYi C Adtl M -- Ftffm - sae uc.Homber
Ed Grush 3236 Willow_ , Si al Hill, Ca 562) 426-9526 246.199
A hi "� ToWokRarw«kf 846,376.76
ADG 2710 Sutto Blvd. St. Louis, MO siwrAyme t4
Erok tr M&° sdwdra See Receipt
Johnston Burkholde_ 930 Cwentral, Kansas, City, MO PoN,m Unb 0
R Rbk1 9;a"" euuPpAWiru _ w p
enTft
4 + TR19544 5601 RAMON ROAD EAST BLE 3OB2201 5 285 .30
I laI Sh! Zore ewa O Pwxy AA.No. Toml Amy PUn d�
2 .31 acres M1 M 3 .2591 18304 p01d43o1 3, 174. 94
Setb air acks As F swe Sur war Par¢I Ham6er -- SHIP Yx
ConsCuted 680-170-034 w1-27112 177.74
SQl1aR Rordkp Gw0g4rcarmt Rpargi Pnky/Pay, MkPvANn ___—....
Footage 18304 om-3ti 50 .00
llsr or M�dq sMIP Type PenMtType cw Type ere spnuer mis Hew seam wo-nyt
— .. . _
Issrarm
Commercial 2 CML 2N Y 0 0 001-32m+ 94 . 00
Gass of AddRbB Alferatlorrc RepnY R-Iwd• Removal Re*m CNWWXWn To
Worts X oaLalEa1 7, 321.60
onswWworkln droll: ----- — ...
odragwnnlM�sc
Construct new shell building for future "Office Depot... 001_32219 0. 00
Includes exterior lighting, electrical service, mechanical c�H�P� ---
units, truckwell and dock levelers, water main, 4-1 sewer
service to building (no fixtures included) . 001-32W3 0. 00
Sir i.
001.32202 46. 00
sMCW card WW,
Serer MiN
Build out to be on seperate permit. 420-38M 0.00
sews Avre�¢
TiA 0 .00
sewer c,nmcbm Pop
DO HOT CONOEAtORONM ANY CORST )MONwmi Till!WWIsIRTEcrEo 420-3e703 0. 00
IMPORTANT ornYupe Fen
»s3zaoo 21,279.72
The issuance of this permit shall not be held to be an approval of the violation of any provisions of any T Fr
city or county ordinance or state law. 13A-33110 21, 153 . 93
Inspections of work are subject to an approved set of plans being on the job. Changes to plans are mix`'Flung Fee
not to be made without permission of the Building and Safety Divisions. 0. 00
_
Pudic Ara pea
The owner and/or contractor is responsible for establishing an property lines.All utilities must be Ms 343sa 4,231. 88
underground, - —
Pgmkq ilia
This will e�lre If work is Prot started In 180 days or if more than 100 days elapses between 0g1.3A3W _ 800. 00
In..syccralons- Te[R�abpy Fee
1 certify that I am familiar with all requirements of the ary of palm springs as they apply to this permit
1, 100.29
and understand that these requirements most be completed priorto final inspection and that no cerar Plan mm Fmgg1.7Ka10 516.2 9
certification of o=pancy will be Issued until such time as these requirements are met I certify that _
1 have read this application and state that tho Information Is true and correct.
�,....��.--.-r--� TOTAL FEE 65,231.69
UWN CONTRACT➢R/AGENT ➢A I
This is a Building when properly filled out,signed and validated,and Is not transferable- 1�4,
INSPECTOR'S COPY PERMIT NLMBER C 1 939
City of Palm Springs
BUILDING PERMIT
FrmmAt Tetlmmn Angela LaFrance
GATE FUN DIECK PIAN CHECK CASE Y E M . W MP
sreMmm S/13/2005 NUMIXER 1194 FfE r nn Er 3 .2591 M X 7C X X X X
owner swae tie Hu
Rothbart Dev. 1801 Ave. of Stars, Los AIi eles, 310)277-6288
Ed Grush Cont 3236 Willow, Signal Hill, Ca 562)426-9526 24639
TcolwAx&% ,k$ 250, 000.00
Sewer Aprcmen[
' Aamee - Sdml Fw
F1m.v Will 32
nnr• r trans OvMkv ACdrt _-T Wddrp Fenn[
4 19544 5601 RAMON ROAD EAST BLE3m922o, 1,760.82
LM Swt OOAPVKf AA W. Tad AnA�� PWILMd
M1 M 3 .2591 mI->w3Gt 1,268.04
Setbacks- F"K We sk Rear hrcM Number � sHV ri:
ConS&u[tn±d 680-170-034 GGI.3n1z 52.50
square wlq',q GwaprytSrporl FawPo
e Mha1Wn
.ootage WI NXN 50.00
ux a w aAP _ s Tr FemY[Tvpe omsr.Typo FMa Srw k umF Now Sea Cn Prt'I..
Commercial 2 CMA o 0 aoi-3zm+ 94.00
Class of NEW Id1Ws A1kr+N M PAwM FdrWd WMM
Work x MI-31wI 0.00
�wow M t: W-Fq/Nnw F
Addition to permit #C11939. Additional interior build 001.3mo 0.00
out/remodel work for tenant.
ed� wemn Fvhi[
omazma 0. 00
s�ticwcaa,
GPI-3zm2 46.00
sr�oyd s�wh
420-Ww 0.00
sews Apamdn
TaA 0 .00
sewer c«,nemrn Fee
DO Nor CONCEAL OR COVER CDatwCnONOrm,T EwuNKISIKSPeetm +20a0703 6,496. 00
IMPORTANT o,kwPe FW
0.00
The Issuance of this permit shall not be held to be an approval of the violation of any provisions of any TUW rw vLL
city or county ordinance or state law. 13M33110 0.00
InspeWons of work are subject to an approved Set of plans being an the job. Changes toMhc FAN Fm plans are 0.00
not to be[Wade without permission of the Building and Safety Olvlslons,
Nbr["F�
The owner and/or corrbador Is responsible for esWisli ft all property lines.All utilities Mgt be lso.343w 1,250. 00
underground. - — --
F'fxmYq roe
This permit if[n rmit will expire If work is not started In 180 days or on;man 180 days elapses between 001-3`303 0 . 00
Inspections. TWvrobV Fa
I Certify that I am famillar with all requirements of the p of Palm 5 oGI.3uI� -T 325. 00
_
and understand that-these requirements must be.tompleted prior to Anal inspection and mat nu permit w Puy wk.t.ra�
certification of occupancy will be Issued until such time as these requirements are met I certify that Gm•3+aIP 0. 00
I have read this application and state that the infnmratlon Is true and correct
TOTAL 1 ,342.36
,
OWNER/CONTRACTOR/AGENt tIATE _.� Is By yy
This 5 a Building when properly filled out,signed and validated,and Is not t ansferable,
INSPECrOWS COPY PERMIT NUMBER 13039
City of palm Springs 40
� n
BUILDING PERMIT
�a�lrarr`r'
Pe.mrtrevaamn Angela LaFzar;ce
MTE PIAN CNEDK PL1N CHECK o2 Y E N P EP HP
suemrrw 2/8/2005 NUMBER 20600 FEE 755 NUHKK 5 .0957 McMM X X X X X X
o.aw Mwnc tam lk.Numbc
Del Taco 25521 Commercentre Dr. L.F. Ca 949) 462-9300
CKAMCW Add,e6 ••�� •^ 11gOne Sore —. KWb
Radder Gen. Cont. 2175 Sampson Ave. Corona, Ca 951) 278-8137 725252
Awd -- Tow vaa ofW"c3 237, 194. 00
Tairlos & Assoc 17802 Mitchell, Irvine, Ca se..n Atpeffmtf
sdaake see Receipt
rema.LWu 48
wr a Bnd a t.a euEQaw raoass WK&O Pan*
4 19544 5607 RAMON ROAD EAST S >31m1 2,347. 05
Wstr Zulu rm.pn`.y.. . µNo. rumiarea Mangy '
33882 Ml A3 5. 0957 1 2676 001-M301 667 .89
Setbacks As rmrc suns sae nv PpWNubw warns
Constructed 680-170-034 001ar11x _ 49.81
Square Row" Cerage/armt Roorrd Pa[yPo,r)g MicoNm
Footage 2260 __ 416 001-34309 100. 00
um of kAft SMP togs PmMType Cmst.7yPe RE SodnkkT UN6 New sex Cn Po"tsRran
Commercial 2 CML VN 0 1 0 eB1-snit+ 94 . 00
Cass of umatlons Mp* arrow I Nepm
Wax X 01.3160, 1, 070 .40
Cd•redeM/Mtge.
Construct fast food drive thru "Del Taco includes patio, W1.31Z1a 0. 00
trash enclosure, light standards, 1000 grease trap. cmPMT*t --
001.32M 0.00
sewer msp� -_._.
oor_3�mx 46,00
spur condmm! sawn Man
Does not exceed 25% restaurant use f0; center. TUMF fees 0. 00
already, paid for phased development on Walmart, Office
Depob and Petsmart permits no further TUMF due until
restaurant use exceeds 25�k_ TYA 0 . 00
sewn rmmeceoN rw _
DOONCDhCF,v.OR COVER AW MNSTRUMONU nl MEwouklsIWECrm e=0-397o3 9, 744 .00
IMPORTANT orakn F- - -
135-3iaue _ 7, 166. 04
The Issuance of this permit small not be held to be an approval of the vlolatiol of any p lxAslons of any I;A r rx -
city or county ordinance or state law. 134-33110 0. 00
Inspections of work are subject to an approved set of plans being on the job. Changes to plans are MNc PAV Pee
not to be made without permission of the BUIlding and Safety Nvtslorrs. 0. 00
pow rm
The owner and/or contractor Is respmslble for establMng all property lines.All Willies must be 1so-3aas0 1, 18 5.9 7
underground. - -
Pr.avq Fee
This permit will expire If work Is not started In I80 days or If more than LBO days elapse.between 001.3+301 - 800. 00
Inspections. Tomfolpr fee
I certify that I am familiar with all requirements of the aty of Palm springs as they apply to tnis permit - p0�'� run '1-- M 308 .35
Fee
and understand that these requirements must be—completeci pdor to float Inspection and that no
Certification of occupancy will be Issued until such time as these requirements are met, I certify that BBo-3ana 144. 69
I have read this application and state that the information Is true and correct
/} 7
^� � "•� ___q -LJ ` J • -- _ TOTALFEE 23,724 .20
OWNERIODNTRAGTOR/AGENT DATE- ..IS BY ~This �'�fyQlQtlj(-
Is a Building when propedy filled out,signed and vale datedr and is not t ardemble.
INSPECTOR'S COPY PERMIT NOM6ER C 13626
(t`+ City of Palm Springs
BUILDING PERMIT
PermkTeduddan
DATE PUN 01lax PUN LWEa CASE a E M P FP IV
SUff4rn o 9/12/2005 NUPIBER 1962 FEE 1200 NUMBER 5.0957 Pwmns X X X X X
oWW AdOW PnW4 state Lk-NmMor
Jones Lang LaSalle 600 Wilshire Los Angeles, Ca 213)345-2335
cwpacw AddrM Phone Selo U-1 Number
DEB CONSTRUCTION 1210 N. JEFFERSON ##D. AN HEIM 714-632-668D CA 37241
m !
A' '� Ae* Tomlvlmo(wA 320,000.00
Gensler 4675 MacArthur Newport, Ca 5e AyaUroent
r A� Sdmollfe See Receipt
VanDor a Chou 2200 Oran ewood Orange, Ca Fi=reDnla 20
Lots s TW nu"AgAki[ Ii"ra FM31rdt
4 19544 5601 RAMON ROAD EAST FILE Gop2201 2 380.47
Wtshe Zore Hei91K ooRpin.Y A.A.Na Tall A+ Plan(hcdc
8333 1 OM 5.0957 4994 001.34301 376.58
SellracksAs Front side 51de Rem F&CdNumber SMrPTax
constructed 1 68 -170-034 001.37112 67.20
square a ng Qrege/Caroaat Roofed PaWFOKh MICTOMM
Footage 458 1 408 00134"S 5 00
U9 orOlmng s41PTwR PWMType C=LTy Fie SpdnkW Unin Nexsawon Peltls�
Commercial u0 2 CML W Y 0 0 001-34 94.00
class of New Adaeaas AttWali" Ir W Remodel Rmmval 0a13mue nTU
Work X 001-31601 1997.60
Desalbe work In d 1: ow'F�/Mi=
Construct new Bank of America building. 001.32210 0.00
ConsbvdM P&TWt
001-32203 0. 0
1N Irdpxww
001-32202 46.00
5peffiI Cndldmm:
Seller MaN
TUMF fees for phased development shopping center f 420-3a204 0.00
already paid out. No furfher tumf due. DEC 2 2 2005 ^�
TIA 0.00
"exermaW eWffm Fee
boNoFCCtIC ORCovEaMYCOSrR=IONlmrn.TFEi n�� ''&!3$703 4060.00
Drainage Fee
IMPORTANT 235-324W $ 107.42
The issuance of this permit shall not be held to be an approval of the violation of any provisions of any TUMF FCC
dty or county ordinance or state law. 13+33130
0.0
Inspections of work are subject to an approved set of plans being on the job. Changes to plans are Msc filing Free
not to be made without permission of the Building and Safety Divisions, 0.00
Public AM Free
The owner and/or contractor Is responsible for establishing all property lines.Al utilities must be 150.34390 1,600.00
underground.
PHnning roe
This permit will expire if work is not started In 180 days or If more than 180 days elapses between 001-343M $ 0.00
Inspections. Ted..kW Fee
I certify that I am familiar with all requirements of the city of Palm Springs as they apply to this permit 261-32214 416,..00
and understand that these requirements must be completed prior to final inspection and that no G&wa Plan MWm'Pee
certification of occupancy will be Issued until such time as these requirements are met. I certify that 001-34310 5.20
I have read this application and state that the information is true and correct.
TOTAL FEE / 20190.47
OWNER/ODNTRACTOWAGENT DATE ISSUED BY
This Is a Building when property filled out,signed and validated,and Is not transferable. �r
BUILDING DEPT. COPY PERMIT NUMB 'Ek -C 14632
Feb 08 06 10: 12a Doug Hbde 505 43e-8645
Doug "We Sculpture Studio
2030 W. 5tringfield Road
Prescott AZ 86305
928476-1485
Stec 20fA5baol.com
February 8,2006
Destrk on Ramon LLC
1801 Avenue of the Stars
Suite 920
Los Angeles,CA. 9O067
Dog Hyde Studim has invoiced and been paid in full by DestinaHon Ranw LLC. Far the
�Ala 6aOcelr in the amount of$MAW.00.
Doug Hyde Studio
COPYRIGHT AGREEMENT
This COPYRIGHT AGREEMENT ("Agreement") is entered into as of
K\W), �U , (`7 ! by and between the CITY OF PALM SPRINGS, a
municipal corporation ("City"), Doug Hyde ("Artist") and Destination Ramon, LLC,
("Owner").
Owner has commissioned a work of art ("Artwork") created by the Artist and more
particularly described in that certain Agreement for Placement of Art on Private Property
and Grant of Easement dated f gj)y ?14 , 2001, by and between the City and
Owner ("City Agreement"). Artist hereby acknowledges the City Agreement. Artist has
delivered the completed Artwork to Owner and Owner has accepted the Artwork.
Pursuant to the City Agreement, Artist has transferred all rights under applicable
copyright laws to the Artwork to Owner. Artist and Owner hereby agree to share
copyright to the Artwork and hereby transfer, convey and assign to the City the right to
make reproductions, photographs and other two dimensional, less than full-scale, non-
exact reproductions of the Artwork for both commercial and non-commercial purposes.
The Artist warrants that the work is unique and a single-edition, and that the
Artist will not execute or authorize another to execute another work of substantially the
same design as the Artwork. The covenants and warranties of the Artist shall be
binding on the Artist's heirs and assigns.
Due to the nature of the Artwork and the Site on which it is to be placed and the
public interest of the City, Artist and his/her agents, heirs, successors and assigns
hereby waive any and all rights they may have under the California Art Preservation Act,
as set forth in California Civil Code Section 987. The Artist, his/her agents, heirs,
successors and assigns also agree to attempt to defeat this waiver by cooperating with
any other person or organization which seeks to bring an action under California Civil
Code Section 989.
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date
first above written.
"OWNER"
DESTINATION RAMON LLC
a California limited liability company
By: RJ VENTURES LLC
Its: Manager
By.
Name: Stanley G. Rothbart
Its: Manager
"ARTIST"
t'
Name: Doug yde
"CITY„
CITY OF PALM SPRINGS,
a municipal corporation
ATTEST:
y- By
City Clerk City Manager G/
APPROVED AS TO FORM:
' APPROVcU BY CI1'COUNCIL
By:
Y
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
PALM SPRINGS AGENCY
APPROVAL OF
GRANT OF EASEMENT AFFECTING LEASEHOLD INTEREST
PURSUANT TO THAT CERTAIN AGREEMENT FOR
PLACEMENT OF ART ON PRIVATE PROPERTY
The within Grant of Easement No_ 370-1-64, between Destination Ramon LLC, a
California limited liability company, and the City of Palm Springs, a municipal
corporation, consisting of five pages including all notary acknowledgements and
including Exhibits "A" & "B"is here by approved as to form.
Dated:���� 7 � ;�:Superinent
Palm Springs Agency
Bureau of Indian Affairs
Pursuant to the authority of delegated by 209 DM
8,230 DM 1,and 3 IAM 4 and Sacramento
Redclegation Order No. 1 (43 F.R30131,dated
July 13, 1978).
DUPLICATE
O-R-)-G- 44-
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
CITY OF PALM SPRINGS
City Clerk
P.O. Box 2743
Palm Springs, CA 92263-2743
Space Above this Line Reserved for Use by Recorder
R.O.W_: 370-1-64
GRANT OF EASEMENT AFFECTING LEASEHOLD INTEREST
This Grant of Easement (this "Easement") is executed as of this 260, day of
MGrctil , 2007, by Destination Ramon LLC, a California limited liability company
("Grantor"), pursuant to that certain Agreement for Placement of Art on Private Property
dated as of December 8 , 2006 ("Agreement") by and between the City of Palm
Springs, a municipal corporation, and Grantor, on file in the office of the City Clerk.
RECITALS
A. The City of Palm Springs (the "City") administers a Public Art Program
which authorizes the placement of works of art on appropriate private property which
encourages public access and viewing of the artwork.
B. Grantor is the master lessee of certain property ("Property") generally
described as the Destination Ramon Shopping Center, located at 5601 Ramon Road in
the City of Palm Springs and as more particularly described on Exhibit "A" to this Grant
of Easement Affecting Leasehold Interest.
C. Pursuant to its authority under Chapters 2.24 and 3.37 of the Palm
Springs Municipal Code, the City has authorized Grantor to install a sculpture titled
"Cahuilla Basket" as a public art installation in lieu of payment of fees for public arts that
would otherwise have been paid in connection with the construction of a shopping
center located on the Property.
D, The Agreement sets forth in detail the obligations of Grantor with respect
to the artwork, including insurance and maintenance.
E. In furtherance of that Agreement, and Section 8 thereof, Grantor seeks to
grant to the City a non-exclusive easement over and across the Site for purposes of
displaying the Artwork and allowing the public access to the Site to view and enjoy the
Artwork at reasonable times and in a reasonable manner.
NOW THEREFORE, in consideration of the foregoing Recitals incorporated herein by
this reference, and for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Grantor hereby grants and conveys to the City, for the
term of Grantor's leasehold interest (pursuant to amended and restated lease PSL-
244B), a nonexclusive easement in gross over and across that certain portion of the
shopping center located at 5601 Ramon Road in the City of Palm Springs more fully
described in Exhibit A attached hereto and incorporated herein by reference which
serves as the permanent location of the artwork that is the subject of the Agreement.
This easement is granted for purposes of displaying the artwork, and allowing the public
access necessary for viewing and enjoyment of the artwork at reasonable times and in
a reasonable manner.
Grantor covenants and agrees that upon termination of the Grantor's master lease in
the Property, Grantor shall convey all of its interests in the artwork to the master lessors
or the City subject to the terms and conditions of the Agreement.
This Easement shall be binding upon and inure to the benefit of successors, heirs, and
assigns of Grantor and Grantee, provided, however, that in the event the artwork is
relocated or removed consistent with the terms of the Agreement, this Easement shall
terminate and shall be of no further force or effect.
IN WITNESS WHEREOF, Grantor has executed this Easement by the signature
of its duly authorized representative as of the date first written above.
"GRANTOR"
DESTINATION RAMON LLC
a California limited liability company
By: RJ VENTURES LLC
Its: Manager
Name: Stanley G. Rothbart
Its: Manager
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
) SS
County of Los Angeles)
On March 26, 2007, before me, Sheila V. Treese, notary public in and for said State,
personally appeared Stanley G. Rothbart, personally known to me 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 official seal.
(Seal)
Nrq� comae
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Sign Q_ %��AU.W-
Mvca"M8plas�
Exhibit A-1
ART WORK EASEMENT
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, LYING WITHIN THAT PORTION OF PARCEL 1 OF PARCEL MAP NO.
30745, AS PER MAP FILED IN BOOK 210 PAGES 31 AND 32, OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF PARCEL 4 OF SAID
PARCEL MAP; THENCE ALONG THE SOUTHERLY PROLONGATION OF THE
WESTERLY LINE OF SAID PARCEL 4 SOUTH 00011'34" EAST, 50.87 FEET;
THENCE LEAVING SAID SOUTHERLY PROLONGATION SOUTH 89048'26" WEST,
15.38 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH
89048'26" WEST, 18.00 FEET; THENCE SOUTH 00°11'34" EAST, 4.00 FEET;
THENCE NORTH 89048'26" EAST, 18.00 FEET; THENCE NORTH 00°11-34-' WEST,
4.00 FEET TO THE TRUE POINT OF BEGINNING.
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