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HomeMy WebLinkAbout6/6/2012 - STAFF REPORTS - 2.Q. Recording Requesting by and After Recording Return to: City Clerk City of Palm Springs P.O.Box 2743 Palm Springs,Ca 92263 (FOR RECORDERS USE ONLY) Pursuant to Government Code Section 6103,this document is being recorded as a benefit to the City of Palm Springs and recording fees shall not apply. EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Easement") is made this 6th day of June, 2012, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Pacifica Colony Palms, LLC, a California limited liability company ("Owner') with reference to the following: A. Owner is the owner of that certain real property in the City of Palm Springs, California, commonly known as 572 North Indian Canyon Drive, Palm Springs, California, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter the "Benefited Property"). B. Owner owns and operates a hotel on the Benefited Property pursuant to a conditional use permit ("CUP") granted to Owner by the City in 2006. C. The CUP, as approved, shows that portions of the parking lot on the Benefited Property lie within the boundaries of adjacent property owned by the City. D. The City finds that Owner's continued operation of a hotel on the Benefited Property is a benefit to the City's economy in terms of jobs and transient occupancy tax. E. The City now desires to formally grant to Owner an easement over that certain property described on Exhibit "B" attached hereto and incorporated herein by this reference ("Easement Area"), for the purpose of maintaining thereon areas for landscaping, parking, ingress and egress as approved pursuant to the CUP in conjunction with the operation and maintenance of the Benefited Property. F. The execution of this Agreement is exempt from CEQA as it will not result in any physical change to the environment and therefore it will not result in any environmental impact. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Easements. The City hereby grants to Owner, an easement ("Easement") over the Easement Area, which Easement shall be appurtenant to the, Benefited Property, perpetual and irrevocable. 2. Use of Easement. The Easement may be used by the owners, lessees, sublessees and invitees of the Benefited Property, their agents, employee's, guests, invitees, . VrL 6 alD\a Addl% ►MA1 WVLYVIA\5 km �r(R customers, licensees, franchisees, suppliers, deliverymen, contractors and subcontractors, for purposes of landscaping, parking and motor vehicle and pedestrian ingress, egress and access to and from the Benefited Property consistent with the CUP. 3. Maintenance of Easement Areas. Owner, its successors and assigns, shall be responsible for ensuring that the Easement Area is at all times operated and maintained in a state of good order and repair, and in a neat, clean, safe, sanitary„ operable and usable condition. In the event that Owner, or any of its successors in interest, fails to maintain the Easement Area as required herein, the City shall have the right, but not the obligation, to notify in writing the Owner of such failure, and, if such failure has not been corrected within a reasonable period of time after delivery of such notice, but in any event not longer than 30 days thereafter, the City (its agents, employees and contractors) shall have the right, but not the obligation, to go upon the Easement Area and bring such area into compliance with the requirements of this Agreement, and charge and hold the Owner responsible for all costs and expenses reasonably incurred in connection therewith. 4. Insurance. Owner shall be responsible for obtaining and maintaining its own policy of liability insurance to cover activities and occurrences on the Easement Area. Said insurance shall name the City as an additional insured, and provide that it may not be cancelled without less than 30 days prior notice to the City. 5. Indemnification. In consideration for the grant of easement contained herein, Owner agrees, for itself and its successors and assigns, that it shall indemnify, defend and hold the City, its officers, employees, agents and servants harmless from any and all liability, claim, action or cost which any of them may incur to the extent caused by Owner, its agents, servants, employees, customers, invitees and/or guests entering onto the Easement Area. 6. Authority of the Parties. . In executing this Agreement, the Parties hereby warrant and represent that this agreement has been duly approved, all necessary consents have been obtained, and the execution of this agreement does not conflict or otherwise violate any other agreements or undertakings by which either of the Parties are bound. 7. General Provisions. The general provisions set forth below shall be applicable. A. Attorney's Fees . In the event of any litigation arising out of or relating to this Agreement, or the breach or performance of it, the prevailing party shall be entitled to recover reasonable attorneys fees and court costs incurred in connection therewith. B. Binding on Successors . This Agreement and the Easement granted herein shall run with the land, and be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns. C. Effect of Unenforceable Terms . In the event any term, provision, covenant or condition contained herein is held invalid, void or otherwise unenforceable by any court of competent jurisdiction, such decision shall not affect the remaining terms. D. Governing Law . This Agreement, and the rights and obligations of the parties hereunder, shall be construed, governed and enforced in accordance with the laws of the State of California. E. Remedies. In the event of any breach or violation by any Owner, or any of such Owner's authorized users, the City shall have the right, but not the obligation, to initiate action by proceedings at law or in equity to enjoin such breach or violation and/or recover all damages incurred in connection therewith. All remedies shall be cumulative and not exclusive. F. Time of Essence . Time is of the essence of this Agreement and each and every term and provision hereof. G. Exhibits and Recitals . All exhibits and recitals referenced herein are incorporated into this Agreement as though set forth in full. H. Counterparts. This Agreement may be signed in counterparts and shall be effective as though signed with one document. IN WITNESS WHEREOF, the parties have executed this Agreement and made it effective as of the date of recording with the Official Records of Riverside County, California. CITY OF PALM SPRINGS, a California Charter City And Municipal Corporation David H. Ready, City Manager ATTEST: James Thompson, City Clerk APPROVED AS TO FORM Douglas Holland, City Attorney Pacifica Colony Palms LLC, A California Limited Liability Company By: Its: EXHIBIT "B-111 30. /R.O.W. I / � 6'� ;i GRANVIA 1�RLMOWE N 89'S9_00_W - •_ _ — SY031 12. 1148'54 "E 1800 Sp03'00'E S 59b0" E = 153.00' UJ 18.50' r--- ( \�� R=2 20' 16 I , `. BL6G. L=53sL L=53.00' j -- L------ --_—_— e I �� + PARCEL A I I L 1 m , OR.O.W f ] 2 I , — OD — Q K Q IfIf Imi flIt ab a Q. i_ .,`\ tom. /ran `4 lol 1k- , =67.46Lot w,p=150.VIA :\ 70J67.00' jf\ - COLUSA LOTS 1-6, INCLU51W,, BLOCK G, & POR. OF LOT E, PALM SPRINGS E5TATES; MB 15141 R.C.R. DESIGN BY: SCALE: FILE NO.: PARKING EASEMENT PLAT FUP NTS R 12-11 COLONY PALMS HOTEL CHECKED BY: DATE SHEET NO.: 05/29/12 1 OF 1 ppALM$,99 .y G u w ♦ 4c�4"uenrts q+ , Oq41FOR14�p L,ity Council Staff' Repo DATE: June 6, 2012 CONSENT CALENDAR SUBJECT: EASEMENT FOR PARKING TO PACIFICA COLONY PALMS FROM: David H. Ready, City Manager BY: Director of Public Works/City Engineer SUMMARY Approval of this Resolution will grant an easement for purposes consistent with an approved CUP to The Colony Palms Hotel in an amount equal to the fair market value of the easement. RECOMMENDATION: 1. Adopt Resolution No. "A RESOLUTION OF THE (CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA GRANTING AN EASEMENT FOR PURPOSES CONSISTENT WITH AN APPROVED CONDITIONALUSE PERMIT ALONG GRANVIA VALMONTE AND VIA CHICA TO THE COLONY PALMS HOTEL. 2. Authorize the City Mana er to execute all necessary documents. STAFF ANALYSIS: Pacifica Colony Palms, LLC cesires to maintain 17 bay parking spaces along Granvia Valmonte and 25 ba parking spaces along Via Chid for use by the Colony Palms Hotel. The ba parking was remodeled as part of The Colony Palms Remodel as provided in a CUP approved in 2006. Pacifica Colony Palms has offered to purchase an easement from the City to preserve',its ability to use these parking spaces in conjunction with the Colony Palms Hotel. ITEM NO. City Council Staff Report June 6, 2012— Page 2 Easement of Parking to Pacifica Colo iy Palms FISCAL IMPACT: The City will be receiving fair market value to be established by an appraisal of the property and negotiations of the parties. 1-1 David H. Ready, City MaiRager Thomas J. Wils n, Asst City Manager David J. Barakian, Director of Public Works/City Engineer Attachment: 1. Resolution 2. Easement Dedication RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, APPROVING THE GRANTING OF AN EASEMENT FOR PURPOSES CONSISTENT WITH AN APPROVED CONDITIONAL USE PERMIT TO PACIFICA COLONY PALMS, LLC ALONG GRANVIA VAL MONTE AND VIA CHICA. WHEREAS, Pacifica Colony Palms, LLC ("PCP") is the owner of The Colony Palms Hotel; and WHEREAS, PCP constructed the bay parking along Granvia V6Imonte and Via Chita as part of hotel remodel as provided in a conditional use permit approved in 2006; and WHEREAS, PCP desires to maintain 17 bay parking spaces along Granvia Valmonte and 25 bay parking spaces along Via Chica for use by the Colony Palms Hotel; and WHEREAS, PCP has agreed to pay the City of Palm Springs fair market value for the City granting said easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Springs, California, as follows: Section 1. City Council approves the granting of an easement to Pacifica Colony Palms, LLC for purposes consistent with an approved conditional use permit for The Colony Palms Hotel along Granvia Valmonte and Via Chica. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Palm Springs held June 6, 2012. CITY OF PALM SPRINGS David H. Ready City Manager ATTEST: James Thompson City Clerk 03 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on June 6 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 04 Recording Requesting by and After Recording Return to: City Clerk City of Palm Springs P.O.Box 2743 Palm Springs,Ca 92263 (FOR RECORDERS USE ONLY) Nosumt to Government Code Section 6103,this dociment is being recorded as a benefit to the City of Palm Springs and rpcordmg fees shall not apply. EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Easement") is made this 6th day of June, 2012, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Pacifica Colony Palms, LLC, a California limited liability company ("Owner")with reference to the following: A. Owner is the owner of that certain real property in the City of Palm Springs, California, commonly known as 572 North Indian Canyon Drive, Palm Springs, California, more particularly described on Exhibit "Ae attached hereto and incorporated herein by this reference(hereinafter the "Benefited Property"). B. Owner owns and operates a hotel on the Benefited Property pursuant to a conditional use permit ("CUP") granted to Owner by the City in 2006. C. The CUP, as approved, shows that portions of the parking lot on the Benefited Property lie within the boundaries of adjacent property owned by the City. D. The City finds that Owner's continued operation of a hotel on the Benefited Property is a benefit to the City's economy in terms of jobs and transient occupancy tax. E. The City now desires to formally grant to Owner an easement over that certain property described on Exhibit "B" attached hereto and incorporated herein by this reference ("Easement Area"), for the purpose of maintaining thereon areas for landscaping, parking, ingress and egress as approved pursuant to the CUP in conjunction with the operation and maintenance of the Benefited Property. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Easements. The City hereby grants to Owner, an easement ("Easement") over the Easement Area, which Easement shall be appurtenant to the 'Benefited Property, perpetual and irrevocable. 2. Use of Easement. The Easement may be used by the owners, lessees, sublessees and invitees of the Benefited Property, their agents, employee$, guests, invitees, customers, licensees, franchisees, suppliers, deliverymen, contractors,and subcontractors, for purposes of landscaping, parking and motor vehicle and pedestrians ingress, egress and access to and from the Benefited Property consistent with the CUP. 05 3. Maintenance of Easement Areas. Owner, its successors and assigns, shall be responsible for ensuring that the Easement Area is at all times operated and maintained in a state of good order and repair, and in a neat, clean, safe, sanitary, operable and usable condition. In the event that Owner, or any of its successors in interest', fails to maintain the Easement Area as required herein, the City shall have the right, but not the obligation, to notify in writing the Owner of such failure, and, if such failure has not been corrected within a reasonable period of time after delivery of such notice, but in any event not longer than 30 days thereafter, the City (its agents, employees and contractors) shall have the right, but not the obligation, to go upon the Easement Area and bring such areainto compliance with the requirements of this Agreement, and charge and hold the Owner responsible for all costs and expenses reasonably incurred in connection therewith. 4. Insurance. Owner shall be responsible for obtaining and maintaining its own policy of liability insurance to cover activities and occurrences on the Easement Area. Said insurance shall name the City as an additional insured, and provide that it may not be cancelled without less than 30 days prior notice to the City. 5. Indemnification. In consideration for the grant of easement contained herein, Owner agrees, for itself and its successors and assigns, that it shall indemnify, defend and hold the City, its officers, employees, agents and servants harmless from any and all liability, claim, action or cost which any of them may incur to the extent caused by Owner, its agents, servants, employees, customers, invitees and/or guests entering onto the Easement Area. 6. General Provisions. The general provisions set forth below shall be applicable. A. Attorney's Fees . In the event of any litigation arising out of or relating to this Agreement, or the breach or performance of it, the prevailing party, shall be entitled to recover reasonable attorneys fees and court costs incurred in connection therewith. B. Binding on Successors . This Agreement and the Easement granted herein shall run with the land, and be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns. C. Effect of Unenforceable Terms . In the event any term„ provision, covenant or condition contained herein is held invalid, void or otherwise unenforceable by any court of competent jurisdiction, such decision shall not affect the remaining terms. D. Governing Law . This Agreement, and the rights and obligations of the parties hereunder, shall be construed, governed and enforced in accordance with the laws of the State of California. E. Remedies. In the event of any breach or violation by any Owner, or any of such Owner's authorized users, the City shall have the right, but not the obligation, to initiate action by proceedings at law or in equity to enjoin such breach or violation and/or recover all damages incurred in connection therewith. All remedies shall be cumulative and not exclusive. F. Time of Essence . Time is of the essence of this Agreement and each and every term and provision hereof. �s G. Exhibits and Recitals . All exhibits and recitals referenced herein are incorporated into this Agreement as though set forth in full. H. Counterparts. This Agreement may be signed in counterparts and shall be effective as though signed with one document. IN WITNESS WHEREOF, the parties have executed this Agreement and made it effective as of the date of recording with the Official Records of Riverside County, California. CITY OF PALM SPRINGS, a California charter city and municipal corporation Steven Pougnet, Mayor ATTEST: James Thompson, City Clerk APPROVED AS TO FORM Douglas Holland, City Attorney Pacifica Colony Palms LLC, A California limited liability company By: Its: 07 ALL-PURPOSE ACKNOWLEDGMENT STATE OF } } SS COUNTY OF } On before me, Notary Public, DATE personally appeared 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 PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Seal) WITNESS my hand and official seal Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 08 EXHIBIT "A" Lots 1-6, inclusive, Block G, and a portion of Lot "E", shown as Via Colusa on Palm Springs Estates, on file in Map Book 15, Page 43, official records of Riverside County Recorder, Riverside, California. 6 09 EXHIBIT"B" Legal Description of Easement Area Parcel A—as shown on attached Exhibit B-I That portion of Lot F of Pahn Springs Estates as shown on Map recorded in Book 15 Page 43 of Maps, Records of Riverside County, California more particularly described as follows: Beginning at the intersection of the Centerline of Grand Via Valmonte with the westerly line of said Lot F as shown on said Map of Pahn Springs Estates,thence S 89'59' E along said centerline of Grand Via Vahnonte 26.500;thence S 00 03' E 12 ft to the True Point of Beginning; thence continuing S 0°03' E 18.50 ft; thence S 89' 59' E parallel to said centerline of,Grand Via Vahnonte, 153 ft;thence N 0°03' W, 18.50 ft;thence N 89°I59'W, 153 ft to the True Point of Beginning. Said area contains 2830.5 square feet M/L. Parcel B—as shown on attached Exhibit B-1 Those portions of Lots F&H of said Palm Springs Estates more particularly described as follows:Beginning at a point on the northerly line of Lot 6,Block G of said map of Palm Springs Estates(located S 89'59' E 50 It from its intersection with the west line of said lot 6, said point being the beginning of a curve concave Southwesterly having a radius of 75 ft; thence Southeasterly along said curve through a central angle of 48° 53' 33" a distance of 64 ft to the True Point of Beginning; thence continuing along!said curve Southeasterly through a central angle of 41'06'27"a distance of 53.81 ft to a point on the east line'of said lot 6,distant N 00 01'E,47.50 ft from the Southeasterly corner of said lot 6 thence continuing along the easterly lines of lots 6,5 and 4 of said Block G,SO'01' W, 192.50 ft to the beginning of a curve concave Northeasterly having a radius of 150 ft,thence Southeasterly along said curve through a central angle of 27°01'48"a distance of 70.76 ft;to a point of said curve,a radial line through said point bears N 62°59' 12"E;thence NI 62'59' 12"E along said radial line a distance of 7 It to a point on a curve with a radius of 143 ft, said curve being concentric with said previous 150 ft radius curve;thence Northwesterly along said 143 ft radius curve through a central angle of 27' 01' 48" a distance of 67.46 ft; thence N 00 Ol' E, 202 ft to the beginning of a tangent curve concave Southwesterly having a radius of 120.5 ft;thence Northwesterly along said curve through a central angle of 25' 12' 02" a distance of 53 ft to a point on said curve, a radial line through said point bears N 64'46' 58" E; thence S 48'54'33"W, 18 ft to the True Point of Beginning. Said area contains 2483.8 square feet M/L. 10 EXHIBIT "B-111 I ! RO.W. I i � � �4 o 26 VIA AL�A7CICCF � -� i .'� a �i _ t _ __ _______ __ — _ 50102. n¢ By MST N4954 •E �� SD03'00•E S '00•E- 153.00' —��`.:1 00' 18.50' r.y � \ W _ R= � ti R=120S0' 1 r— =41'06'27• f L=53.01I 2' ® L-----EK. B-- L 53.aL s3.00' �� rj PARCEL A�— _ — ,`i @e 1 It Ur I FLOM 1 )IG 1 I � I m, €O V U I I f 4 r I I r l l Ir 6 r___--- r—� zI ittt—i I I IX. BIG. __I i---j r' s m QI II `-r _ �- _ � I� = IQ_ LU _ `---� cal 1 Iw 1 w z III rd Lws d w d 9 d /©c�® r—® I { e...mt 'd j v g i t t 1 R-143.00' i— —_— ` ht=150. � VIA 70.76' TOW�v - COLUSA LOTS 1-6, INCLUSIVE, BLOCK G, & POR. OF LOT E, PALM SPRINGS ESTATES, MB 15141 R.C.R. DESIGN BY: SCALE: FILE NO.: PARKING EASEMENT PLAT FLIP NTS R 12-11 COLONY PALMS HOTEL CHECKED BY: DATE SHEET NO.: 05/29/12 1 OF 1