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HomeMy WebLinkAbout05181 - PALM SPRINGS PAVILION THEATRE EARLY ISSUANCE OF PERMITS Palm Springs Pavillion Theater Early issuance of permits AGREEMENT#5181 City Manager approved 10-31-05 AGREEMENT (Early Issuance of Permits for Site Preparation) Date: September 26, 2005 Parties: Palm Springs Pavilion Theatre, a California Limited Partnership, the "Producer." City of Palm Springs, a municipal corporation, the "City." Subject Property: The property generally described on Exhibit "A" to this Agreement. Recitals: A. Producer is the Lessee of the Property and has applied to the City for a conditional use permit for the construction of a theatrical tent structure ("Theater") that will seat approximately 1,000 persons. It is anticipated that the Theater will remain on the Property for a period of approximately three years. City staff is in the process of reviewing the application for a conditional use permit and performing the necessary environmental review necessary for such conditional use permit. B. Producer has applied for certain preliminary permits related to general site preparation of the Property, including site clearance, demolition, rough grading and leveling, and the erection of a wall or other fencing to allow the Property to be appropriately prepared for potential reuse of the Property. The work covered by such permits shall be limited to such work as may reasonably be performed or undertaken by a property owner or lessee of property for general use and maintenance of property and shall not be for work directly related to the use covered by the application for the conditional use permit. Any work directly related to the use covered by the conditional use permit shall not be undertaken or performed until or if the conditional use permit is approved. C. The City is willing to issue such preliminary permits upon the condition that Producer agrees that the preliminary permits requested will be expressly conditioned on the City's approval of the conditional use permit and related environmental approvals; that Producer will process its applications through the applicable processes provided in the City's municipal code in existence on August 1, 2005; and that Producer will proceed solely at its own risk for all purposes in performing any work under the preliminary permits and the City will not be liable to Producer in the event the City or the City Council does not approve the conditional use permit. CRI�tNAL BID ,O,ND/Orpt +,GREEMa 1 4`i` I i i I Agreement: 1. In consideration of the recitals and processing and issuance of building permits in accordance with usual and customary City policies and procedures, Producer covenants and agrees that Producer shall: (a) Comply with all laws, ordinances, as modified by the proposed ordinance, and conditions of approval of the issuance of a building permit; and (b) Conform all plans, specifications, and work done, to the requirements of the Palm Springs Municipal Code, as modified by the proposed ordinance, and all other pertinent laws and ordinances of the City of Palm Springs; and (c) Pay all applicable charges and deposits; and (d) Complete all other necessary procedures required by the City of Palm Springs as reasonably necessary to comply with the applied for permits on or before January 1, 2006. 2. Producer, by proceeding with this Agreement and the commencement of the various site preparation work as generally described in this Agreement, assumes all risk and responsibility for the completion of such work and the approval of the conditional use permit. Producer acknowledges and agrees that the City retains full discretion to review, approve, modify, or deny the application and the Producer further understands and agrees that Producer shall have no claim or right for any damages, off- sets, reimbursements, or claim of any kind or nature, and shall hold the City harmless in the event the City should deny the conditional use permit, modify the conditional use permit, approve the conditional use permit with conditions not acceptable to the Producer, or fails for any reason to take action on the conditional use permit.. 3. The City may resort to any remedy available under law to enforce the provisions of this Agreement including the initiation and prosecution of an action for specific performance, including the recovery of any costs, fees, or charges of any kind including attorney's fees, the City may incur in the enforcement of this Agreement. 4. This Agreement shall not be amended in any manner or terminated without the prior written approval of the City. 5. The conditions of this Agreement are intended to benefit the public and public properties. Accordingly, it is agreed the City of Palm Springs shall have the right to enforce this Agreement by any legal or equitable means against Producer. All obligations of Producer under this Agreement shall inure solely to the benefit of the City of Palm Springs and there are no third party beneficiaries of said obligations. 6. The provisions of this Agreement shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision. i This Agreement is dated as noted above. PR ,R: �By: T, By: Title<ks - Title: CITY OF PALM SPRINGS, a municipal corporation APPROVE©BY CITY MANAGER Title: �, , ����'�✓ tea APPROV/ED� S TO FORM: ATTEST: Title: C/i Cle�k oa�r� 09:58 PAX ---� --_-_ ----_ �--------_----' --_- _--_^ _.-_`- v ���o� Ll Ixt IALV ru Pp Mlt- Al �l ON PALM 5PRINGS. CA ... PALM SPRINGS PAVILION THEATRE �