HomeMy WebLinkAboutA5093 - STEVEN CHEROSKE ENCROACHMENT LICENSE 530 W TAHQUITZ CANYON WAY APN 513110005 DOC = 2.005-04G64Z3
06/13/2005 08:00R Fce;NC
page t of 10
Recorded In Official Records
County of Riverside
fa,E RECORDING REQUESTED BY Lary W. Nard
CITY OF PALM SPRINGS
�tbTO: Assessor,iiiiii�i�i�i�ii�iiiiiiii iiii iiiiiii���4E91
Palm Springs,California 92263-2743
ALv1: City Clerk and M I 5 ll PAcc $ITE GR Pco: NOCon JdF
Public Worlis and Engineering ' l C
GDPY LONG AFFNND NCWC - W1A
Filing Pee Exompt Per Govemment Code 6103 (For Recorder's Usc Only)
ENCROACI-IML•'NTi.ICENSB
THIS ENCROACHMENT LICENSE (the "License") is entered into This day of
P_ ,2005,by and between Steven Cheroske("Licensee")and the CITY OP PALM
GS, a municipal corporation("City").
IZECITALS:
A. Licensee is the owner of that certain real property located in The City of Pahn Springs,
Ceurwty of Riverside, State o California commonly known as 530 W. Taliquitz Canyon Way,
(APN 513-110-005), more p arly described on Exhibit "A" attached hereto and incorporated
herein by reference ("Licensee Property").
B. City is the owner of certain fee and/or casement interests in that certain real property
located in the City o f Palm Springs,County of Riverside,Statc of California adjacent to the Applicant
Property and more particularly depicted on Exhibit "B" ("City Property").
C. Licensee desires to maintain retainingwalis,pool deeldng,carport canopy,entrance
steps and landscape areas which encroacb on the City Property in die location depicted on Exhibit
"B" attached hereto and incorporated herein by reference("Encroachment").
NOW THEREFORE, the parties hereto agree as follows:
L0 License. The City hereby grams a License to Licensee to construct the Eneroacliluent
upon all of the teens and conditions of the Permit and this License_
2.0 Commencement of Construction. Licensee shall commence the construciim of the
Encroachment within a reasonable amount of time,in no event to exceed runely(90)days following the
execution date of this License. Before begin nu any physical work on the Encroachment, Licensee
1
f
shall notify the City that such wort: will be commenced, at least twenty-four (24) hours prior to
commencetrrent of such work. Licensec shall also notify the City upon completion of the
Encroachment.
i
3.0 Can str-uctiouofEncroachment. Any structure placed pursuautto this License shall be
! constructed in a careful and workmanlike manner and in accordance With plans and speci hcations to be
submitted to and approved by the City of Palm Springs Department of I3ttilding and Safety before
Licensee commences performance of any work on the Encroachment
i
4. Maintenance. Licensee and its successors shall have the right and obligation to
maintain, repair and replace, at its own cost and expense, the Encroachment so as to keep the
Encroachment area in a neat,clean, first class condition and in good order and repair,free of trash and
debris at all times. Licensee shall have access across the City Property at all times while the License is
in effect for the purposes noted in Section 3 and the mainteumi ce of the Encroaclnxtent. In the event that
Licensee does not maintain the Encroachment as required herein,the City will have the option to either
(l) terminate the License as more particularly provided in Section 7 or, (ii) after giving Licensee
reasonable notice,to make such repairs or perfornr such maintenance as is required. If City performs
the required repairs and/or maintenance, City will submit a bill to Licensee who will promptly
reimburse City for such work performed.
5. Erection and MairAtcuance of Safety Provisions_ Licensec shall,in connection with
ilia construction and maintenance of the Lneroaclunent, provide, erect, and maintain such lights,
bavriers,warning signs or other safeguards as are reasonably necessary to protect anyone utilising the
City Property for whatever reason- lathe even t that the City detcrmines that suitable safeguards arenot
being provided, the City may, after reasonable notice to Licensee, provide, erect and maintain such
safeb ards. if the City provides the safeguards pursuant to this Paragraph 5,City shall submit a bill to
Licensee, and Licensee shall immediately reimburse City for such work performed.
6. Indemnity. Licensee hereby agrees to inderrmi ry and defend the City,its officers,agents
and employees against and to hold and save each of them hant,less from, any.and all actions, suits,
claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or
liabilities (collectively"claims or liabilities") that may be asserted or claimed by any person,firm Or
entity arising out of or in connection with the location,constriction,maintenance,relocation orremoval
of the Encroachment,but excluding such claims or liabilities arising from the sole negligence or willful
nusconduct of the City, its officers,agents or employees, who are directly responsible to City, and in
connection therewith-
(a)Licensee will defend any action or actions filed in.connection with any of said claims
or liabilities and will pay all costs and expenses,including legal costs and attorneys'fees
incurred in connection therewith;
2
�I�1�1 I��I II II� IIIII II�II II I I�II�II I� IIf I IIII IIII ceris a fs se,oep
b Licensee will promptly a an ud inent rendered against the City, its officers,
i O P pYPY }'J g a Y, �
agents or employees for any such claims or liabilities and Licensee agrees to save acid
hold the City,its officers, agents and employces harmless therefrom and;
i
(c)In the event the City, its officers,agents or employees is made a party to any action
or proceeding filed of prosecuted against Licensce for such dainages or other claims
arising out of the location, construction, maintenance, relocation or removal ol'the
Encroachment, Licensee agrees to pay the City, its officers, agents or employces, any
and all costs and expenses incurred by the City,its officers,agents or employees in such
action or proceeding, includuig, but not limited to, legal costs and anomeys fees.
7. Covenants Running With the Land. The covenants and restrictions by Licensee set
forth in this License: (a) are made for the direct benefit of the City Property; (b) will constitute
covenants running with the land and equitable servitudes, (c) will bind Licensee and every person
having any fee, leasehold or other interest in any portion of the Licensee Property at anytime or horn
time to time;and(d)w ll inure to the benefit ofthe City and every person having any fee, leasehold or
other interest in the City Property at any time or from time to time-
s, Insurance.
8.1 Insurance Requirement. During the entire term of this License,Licensce agrees to
procure and maintain public liability and property damage insurance,at its sole expense,in an amount
not less than ONE MILLION DOLLARS (S1,000,000) combined single limit, insuring against all
liability of- Licensee and its authorized representatives arising out of and in coruiection with the
Encroachment or Licensee's use of the Encroachment Such public liability and property damage
insurance shall also provide for and protect the City against incurring any legal cost in defending claims
for alleged loss.
8.2 Primary Policy; Additional Insured. All such insurance as required by this
Section 6 and 8 shall be primary insurance and shall name the City as additional insured.
83 Insurance lnerease- Not more fzequcnily than one(1)time every three(3)years,if,
in the opinion of the City Manager or the City's insurance broker, the amount of public liability and
property damage insurance coverage at that time is not adequate, the City Manager may require
modifications to this coverage.
8.41 losurauee Company. All insurance required under this Section 8 shall be issued
by an insurance company authorized to do business in the State California,with a financial rating of at
least A-3A status as rated in the most recent edition of Best's Insurance Reports or such comparable
report should Bests Insurance Reports no Ionger be available.
8.S Modifcationor Cancellation ofPolicy. All insurance required pursuant to this
Section 8 shall contain an endorsement requiring thirty (30) days written notice front the insurance
connpany to both parties before cancellation or change in the ceveia;e,scope,or amount of any policy.
Each policy,or a certificate of the policy,together with evidence of the payment of premiams,shall bo
3
2 e£ee eea
i
deposited by Licersee with the City at tie commencement of the term,and on a renewal policy not less
than twenty(20) days before expiration of the,term of the policy.
i
9. Termination. The License is terminable with or without cause by the city at any
time.Applicant shall renhovc the encroachment and restore the City Property to its former condition,at
applicant's sole cost and expense,within thirty(30)days of written notice from the City.In the event
Applicant fails to remove the encmaclunent and restore the Cily Property within said time period,the
City shall have the right to do so without notice.Applicant shall immediatcly reimburse the City for all
out of pocket expenses expended to remove the Encroachment and restore the property_ Said amounts
shall accrue interest from the data expended by the City at the nhaximurn non-ua-urious interest rate
permitted bylaw_
10. Notices. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to be given under the provisions o fthis License shall
be in writing and either served personally or sent prepaid, 11rS1-class mail to the f011ow ng address:
To City: City ofPahn Springs
PO Box 2743
Palm Springs, CA 92263-2743
Attu: Public Works and Engineering Department
With Copy to: City Attorney
Woodruff, Spradlin and Smart
701 South Parker Street, Suite 8000
Orange, CA 92868.4760
Attn: Douglas C.ITolland
Licensee; Steven Cheroske
Either pally may change its address from time to time by notilyinb the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72)hours from the time of retailing i F anailed pursuant to thus Section 10.
11 Attorneys Fees. In any action between the parties hereto seeking enforcement of this
License, or in cormection with the License or the Permit, the prevailing party in such action shall be
entitled to have and to recover from the other party its reasonable attorneys'Pees and other reasonable
expenses in connection with such action or proceeding in addition to its recoverable court costs.
11 Successors and Assigns. Al) rights and obligations created by this License shall be
appurtenant to and shalk run with the License Property and the City Property and each pait thereof and
hrterest thereon, and shall be bindin; upon the owners of the Licensee Property and its respective
successors and assigns acqui ina any right, title and interest in the Licensee Property.
4
�111111lljljllIf111111�1111111f1111Jfl1111111111111 a61195 0OP433aR
13. Amendment or Modification, 1Ths License may not bemodifiiedoi-amended exceprby
written agreement executed by the then-owner of the Licensee Property and the City Property and
' recorded in the Office of the County Recorder, County of Riverside, Californa.
i
14. Governing Law. 1-his License shall be govcmed by and construed in accordance with
the laws of the State of California.
15. Severahility. The invalidity or uneit-forceability o f any provision of this License w tlt
respect to a particular party or set of circumstances shall not in any way affect the Validity and
enforceability of any other provision hcreo for the same provision when applied to another party or to a
different set of circumstances.
16. Recordation. This License shall be recorded in the Office of the County Recorder,
Riverside County, California, and it shall serve as notice to all parties succeeding, to the interest of
Licensee or the city that their use of the Licensee Property and the City Property shall be benefited
and/or restricted in the manner herein described.
17. Counterparts. This License may be executed in any number of counter parts, each o f
which shall constitute an original.
5
IIIIII I�IAIII IIII III IIIII IIII IIIIill III till III esr��0as as osa
5oste
i
TN WITNESS WHEREOF,the parties have executed this Agreement as ofthe date.fka set forth
above.
"LICENSEE"
By
Steven Cheroske
(Licensee shall have signature notarized)
ATTEST: CITY OF PALM SPRINGS,
A municipal corpomdon
?C' lerk—James Thonip on City Mauager—David 11. R
APPROVED As TO FORM: APPROM BY MY COUNCIL
City At*lr �/' Aia ? �� •1•ea = .
Douglas C�Tiolland
APPROVED 13Y CITY COUNCIL:
Ley:
Its:
Resolution No.:
6
I��IIII I�I�III III III II�II IIII��III� II IIIII III III @6 2�� SsP 18
JBdR
STATE Or CALIFORNIA)
SS.
COUNTY OF RNERSLDE-)
Ott M(Jr([o ( , aco5 before me, rr,e.Royl�e� IVotar�l�ubll�
Date
Notary Public,personally appeared Ste-; tun
roved to me an dlc basis ol'satisfactory evidence
to be die person whose name t5/3i&subscribed to the Wltllin inslr4ment and
acknowledged ro me that hc/A Aiey executed the same in his her 3tc r
authorized capacity(--5 , and that by his' e£ signarure(a) on the
instrument the personN, or the enhLy upon behalf of which the person(-)
acted,executed die instrument
(SEAL) WITNESS my hand and official seal.
CARRIE ROVMEI'
SOlMyCotntnh+lan N 134W7
Cmim.
R E4*cauff MW2 rypYBsMW26,20n6j _
STATE OF CALMORNLA)
Ss-
COUNTY OF RNERSIDE)
On before mc,
Date —
Notary Public,personally appeared
I I personally imown to me OR LJ proved to me on the basis of satisfactoly evidence
to be the person whose name is/are subscribed to the within instr nient and
acknowledged to me that heAlic/they executed the same in his/her/their
authorized capacny(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalr of which the person(s)
acted,executed the instrument.
(SEAL) W ITNF$S my hand and olTicial seal.
NOTARY'S SIGNATURE
7
I�IIII�IIIIII IIII IIIAI IIIII Ifll IIIII�!III III I 1111 III eanap of --7 zesssae-SOR
r EXHT131T "A"
r
DESCRIPTION OF LICENSEE PROPERTY
r
Legal Description:
I
Lot of Palm Springs Palisades,as per map recorded in Book19 Page 23 of maps, records of
Riverside County,California.
s
Ifll I I�III dill 11�119�14III II I��I I I ICI«1III INes 2is EvdS e 0 aofl
D EZ3G(R/)0 77o�,/.
ALL THAT PORTION OF SPRING STREET AS SHOWN ON THE MAP OF PALM SPRINGS AS
RECORDED 1N MAP HOOK 9 AT PAGE 432,RECORDS OF SAN DLCGO COUNTY,CALIFORNIA
DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUT EEAST CORNER OF BLOCK 30 Of SAID MAP OF PALM SPRINGS
AND THE.SOUTHEAST CORNER OF LOT 5 OF PALM SPRINGS PALISADES AS RECORDED IN
MAP BOOK 19 AT PAGE 23 OF MAPS,RECORDS OF RIVERSIDE COUNTY CALIFORNIA;
THENCE SOUTH 89°-50'40"WEST ALONG THE SOUTHERLY LINE OF SAID BLOCK 30 AND
SAID LOT 5,A DISTANCE OF 144.79 FEET TO THE SOUTIIWEST CORNER OF SAID LOT 5;
THENCE SOUTH 000-08'-00"PAST A DISTANCE OF 33.00 FEET TO THE CENTERLINE OF
TAHQUIIZ CANYON WAY(SPRING STREET)AND THE TRUE POUVT 0FEEGI7VNLNG;
THENCE CONTINUING SOUTFI 000-08'-00"EAST A DISTANCE OF 17.00 FEET;
THENCE NORTH 89'-50'-00"EAST AND PARALLEL TO SAID CFNTERL1NEp A DISTANCE OF
144.79 FEET;THENCE NORTH 000-08'-00"WESTA DISTANCE OF 17.00 FEET O THE
CENTERLINE OF SAID SPRING STREET;
THENCE NORTH 890-50'-00" WEST ALONG SAID CEN'1'RUNE A DISTANCE OF 14-4.79 FEET
TO THE TRUE POINT OF BEGINNING.
P AR F Y
S a0 � _ C._---- - ��`p�y1d.LANp 9y
IObIN L.SANBORN q SANBOR 0
O,rIZB 04 W0 04-117
Na.L54116
k F�imc630-06
���rEOF CAI,\FG��
IIIIII IIIIII III IIIII IIIII IIII IIIIIII III IIIII III III a0 20[J2gessee eaA
s er is
EXHIBI T T "
LINE DATA
Q BEARING I DISTANCE
Q N 00°08'00"W 97.00'
S� Cif'i �C
LOT 5 �'CCrC 30 cN1
PALM SPRINGS PALISADES
MB 19Z23 Poc
;W N 89°50'00 E 144.79'
6
O 4
o VACATED MARCH 9, 1929 0
o BOOK 801, PAGE 191 O.R.
y SPN NG STREET trAHOU/TZ CANYON WAY)
N 89050'00 E 144.79'
p 41
m �
0
10
s�°� L• s4p sO�f 1
a U
m
L9. 4146
3d 15 GRAPHIC SCALE
sd f zn o4=`
OF CAOF
CITY OF PALM SPRINGS - ENCROACHMENT PLA T
LEGAL DESCRIPTION: DA14D J BARAKIAN RCE NO. 28931
POR77ON OF SPRING STREET (TAHOU= CANYON WAY) A5 SHOW EXPIRA77ON DA75 3131107
r ON MAP OF PALM SPRINGS, RECORDED 1N MAP BOOK 9. AT PAGE 4.M /��l��
SAN DILOO COUNTY, CALIFORNIA_ f-
�r.
�• DESIGN BY. SCALE: Puz No.:
D.G.N_ 7--30'
_ CHECKED BY: K•04 SHEET NO.-
JOHN L. ANBORN_ PLS NO. 4146 EXP. 61,30104 J.LS. 04-117 1 OF 1