Loading...
HomeMy WebLinkAboutA4966 - WILLIAM BARBARA JOHNSON 2380 SMOKEWOOD AVENUE LOT 17 APN 510-242-004 ENCROACHMENT LICENSE [3OC 0 2004-0781198 RECORDING REQUESTED BY: 10/01/2004 08:00q Fee:NC CITY OF PALM SPRINGS Page 1 of 13 Recorded in Official Records County of Riverside Gary L. Orso AND WHEN RECORDED MAIL TO: I Ossessor, County Clerk & Recorder II�III��III�II�III'll�����illllll IIIII III�II�i�������� City of Palm Springs I+ IfI+I+ P. O. Box 2743 Palm Springs, CA 92263 T'S, UPAGE SIZE DA PCOR NOCOR SMF MISC. Attn: City Clerk L COPY LONG REFUND NCNG EXAM ENCROACHMENT LICENSE 2380 Smokewood Ave., Palm Springs APN 510-242-004 LRU Iq // 9�4 William & Barbara Johnson Encroachment License AGREEMENT#4966 MO 7552, 9-15-04 THIS AREA FOR RECORDERS ' USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) G9RECORDER\RECORD.REQC:1Document and S%dhgs\KalhytAWy Dacumenls\RECORD.REQdw r FREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF PALM SPRINGS P.O.Box 2743 Palm Springs,California 92263-2743 Attn: City Clerk asaL Pabli,,Worko and Engir,pring Filing Fee Exempt Per Government Code 6103 (For Recorder's Use Only) ENCROACHMENT LICENSE THIS ENCROACHMENT LICENSE (the "License") is entered into this 16 day of �0"E: � 2004, by and between William and Barbara Johnson ("Licensee") and the CITY OF PALM SPRINGS, a municipal corporation ("City"). RECITALS: A. Licensee is the owner of that certain real property located in the City of Palm Springs, County of Riverside, State of California commonly known as 2380 Smokewood Avenue, (APN 510-242-004), more particularly described on Exhibit "A" attached hereto slid incorporated herein by reference ("Licensee Property"). B. City is the owner of certain fee and/or easement interests in that certain real property located in the City of Palm Springs, County of Riverside, State of California adjacent to the Applicant Property and more particularly depicted on Exhibit "B" ("City Property"). C. Licensee desires to construct a 36"high retaining wall, located 3.5' east of the License Property's line into the right-of-way of Araby Drive which will encroach on the City Property in the location depicted on Exhibit "B" attached hereto and incorporated herein by reference ("Encroaclunent"). D. City has agreed to grant to Licensee an encroachment permit("Pennit")for the Encroachment in accordance with Chapter 14.16 of the City of Palm Springs Municipal Code on the condition that Licensee executes this License. A copy of the Permit is attached hereto and incorporated hereon by reference as Exhibit"C". NOW THEREFORE, the parties hereto agree as follows: l 10 II III II II III III II II III III I III a f0/0�10f o 189@0R 13 1.0 License. The City hereby grants a License to Licensee to construct the Encroachment upon all of the terms and conditions of the Permit and this License. 2.0 Commencement of Construction. Licensee shall commence the construction of the Encroachment within a reasonable amount of time,in no event to exceed ninety(90)days following the execution date of this License, Before beginning any physical work on the Encroachment, Licensee shall notify the City that such work will be commenced, at least twenty-four (24) hours prior to commencement of such work. Licensee shall also notify the City upon completion of the Encroachment. 2.1 Completion of Construction. Licensee shall complete construction of the Encroachment no later than two (2) years from the date approved by the City's approving body. The Licensee shall notify the City upon completion of the Encroachment construction. 3.0 Construction of Encroachment. Any structure placed pursuant to this License shall be constructed in a careful and workmanlike manner and in accordance with plans and specifications to be submitted to and approved by the City of Palm Springs Department of Building and Safety before Licensee commences performance of any work on the Encroachment. 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 maintenance of the Encroachment. hi the event that Licensee does not maintain the Encroachment as required herein,the City will have the option to either (i) terminate the License as more particularly provided in Section 7 or, (ii) after giving Licensee reasonable notice, to make such repairs or perform 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 Maintenance of Safety Provisions. Licensee shall, in connection with the construction and maintenance of the Encroachment, provide, erect, and maintain such lights, barriers, warning signs or other safeguards as are reasonably necessary to protect anyone utilizing the City Property for whatever reason. In the event that the City determines that suitable safeguards are not being provided, the City may, after reasonable notice to Licensee, provide, erect and maintain such safeguards. If the City provides the safeguards pursuant to this Paragraph 5, City shall submit a bill to Licensee, and Licensee shall iimnediately reimburse City for such work performed. 6. Indemnity. Licensee hereby agrees to indemnify and defend the City,its officers,agents and employees against and to hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or 2 IDA 3 1111111111111 19 a�02 af$1�� liabilities (collecti`vely "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the location,construction,maintenance,relocation or removal of the Encroachment,but excluding such claims or liabilities arising from the sole negligence or willful misconduct 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 attomeys'fees incurred in connection therewith; (b) Licensee will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities and Licensee agrees to save and hold the City, its officers, agents and employees harmless therefrom and; (c)In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Licensee for such damages or other claims arising out of the location, construction, maintenance, relocation or removal of the Encroachment, Licensee agrees to pay the City, its officers, agents or employees, any and all costs and expenses incurred by the City,its officers, agents or employees in such action or proceeding, including, but not limited to, legal costs and attorneys 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 from time to time; and(d)will inure to the benefit of the City and every person having any fee, leasehold or other interest in the City Property at any time or fi-om time to time. 8. Insurance. 8.1 Insurance Requirement. During the entire term of this License,Licensee agrees to procure and maintain public liability and property damage insurance, at its sole expense,in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit, insuring against all liability of Licensee and its authorized representatives arising out of and in connection 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. 8.3 Insurance Increase. Not more frequently 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. 3 /0,4Y Il�lll IIIIIf II{III fYll Itll Illllll IIIII III IIII IIII IIII 10 0 90 f' 113�@@R 8.4 Insurance 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 Best's Insurance Reports no longer be available. 8.5 Modification or Cancellation of Policy. All insurance required pursuant to this Section 8 shall contain an endorsement requiring thirty (30) days written notice from the insurance company to both parties before cancellation or change in the coverage,scope, or amount of any policy. Each policy, or a certificate of the policy, together with evidence of the payment of premiums,shall be deposited by Licensee with the City at the commencement of the term,and on a renewal policy not less than twenty(20) days before expiration of the term of the policy. 9. Termination. This License is terminable at such time when the City reasonably determines that the City Property or any part thereof will be used for a purpose which is nonconductive to the Encroachment, including but not limited to, construction,reconstruction or maintenance of the City Property. Upon making such determination, City shall give notice to Licensee that the License is thereby terminated(the"Termination Notice"). Upon termination of the Encroachment,Licensee shall remove the Encroaclunent and restore the City Property to its former condition, at Licensee's sole cost and expense, within ninety(90)days following the Termination Notice. In the event Licensee fails to remove the Encroachment and restore the City Property within said time period,the City shall have the right to do so without notice to the Licensee by the City. Licensee shall immediately reimburse the City for all out of pocket expenses which were expended in order to remove the encroachment and restore the City Property. Said amounts shall accrue interest from the date expended by the City at the maximum legal rate of interest. 10. Notices. Any notice,demand,request,document,consent,approval,or communication either party desires or is required to be given under the provisions of this License shall be in writing and either served personally or sent prepaid, first-class mail to the following address: To City: City of Palm Springs PO Box 2743 Palm Springs, CA 92263-2743 Attn: Public Works and Engineering Department With Copy to: City Attorney Alshire & Wynder, LLP Tower 17, 18881 Von Karman Ave., Ste. 400 Irvine, CA 92612 Attn: David J. Aleshire, Esq. Licensee: William and Barbara Johnson 4 /004V 1111111111111 19,01�5 0£$13 00p Either party may change its address from time to time by notifying 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 mailing if mailed pursuant to this Section 10. 11. Attorneys Fees. In any action between the parties hereto seeking enforcement of this License, or in connection with the License or the Pennit, the prevailing party in such action shall be entitled to have and to recover from the other party its reasonable attorneys'fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court costs. 12. Successors and Assigns. All rights and obligations created by this License shall be appurtenant to and shall run with the License Property and the City Property and each part thereof and interest thereon, and shall be binding upon the owners of the Licensee Property and its respective successors and assigns acquiring any right, title and interest in the Licensee Property. 13. Amendment or Modification. This License may not be modified or amended except by 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, California. 14. Governing Law. This License shall be governed by and construed in accordance with the laws of the State of Califonua. 15. Severabitity. The invalidity or unenforceability of any provision of this License with respect to a particular party or set of circumstances shall not in any way affect the validity and enforceability of any other provision hereof or 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 benefitted and/or restricted in the manner herein described. 17. Counterparts. This License may be executed in any number of counter parts, each of which shall constitute an original. 5 � aA � I IIIII IIII I III I I III I I I I III II III II 10 000 2004808�00R 6 of 13 IN WITNESS WHEREOF,the Parties have executed this Agreement as of the date first set forth above. "LICENSEE" By: �, (L� William Johnso Barbara L. Joh63ofi (Licensee shall have signature notarized) ATTEST: CITY OF PAL RINGS, a m ii m corporation By: �� By: City Clerk—Patricia A. Sanders ( City Manager—David H. Ready APPROVED AS TO FO Alshire & W r, LLP APPROVED BY THE CITY COUNCIL Attorney 0 APPROVED BY CITY COUNCIL: By: Its: Resolution No.: 6 10A7 IIIIII IIIIII IIIIII IIII IIII(IIIIII 111111111111111111111 IB 0007 of813900F 09/20/2004 FRI 14:02 FAX Z002/002 AUG-20-2004 FRI IIZ24 AM CITY OF PALM SPRINGS FAX N0. 7603228360 P, 07 IN WITNESS WMEREOF,the parties have executed Ode Agreement as ofthedatefirst set forth above. "LICENSEE" By: William P.Johnson By: Barbara L.Johnson (Licensee shall have signature uot*rb*d) ATTEST: CITY Of PALM SPRINGS, a municipal corporation City erk—Pa 'oia A. Sanders City Manager—David II. Rea APPROVED AS TO FORM: Alshire&Wynder, ,.Aa -7�5� �j�5��b APPROVED BY CITY COUNCIL: By: Its: Resolution No.: 6 08/20/2004 FRI 11:31 iTX/RX NO 7410] 0 007 IIIIII IIIIII IIIIII IIII IIII IIIIIII IIIII III IIIII IIII IIII 10.0�1�/206 A08906R STATE OF CALIFORNIA) SS. COUNTY OF RIVERSID'Er) t� p + On JUhe 00 before me, `1U�1�`1 I,, V S [c' S 99 II Notary Public,personally appeared W 1 1 l 1 Lt Wl P• r '�a r ba r cI L, personally known to me OR4 -pr-gwdlo me on Ap basis of satisfactory evidence- to be the person whose name ima subscribed to the wither instrument and acknowledged to me that the executed the same in hiff+e1�J' authorized capacity(ies , and that by trisAre ie��siguaiure(g) on the hstrument the personU or the entity upon behalf of which the person(` acted, executed the instrument. WITNESS my hand and official seal. Pbgy Pubpc,CaNtomia � 1Nycoma.E>pMtNoy21,7006 `J NOTARY'S SIGNATURE STATE OF CALIFORNIA) SS. COUNTY �OF RIVERSIDE) + On 4 �I , Q q a O O y before me, `�U rl I'`" k k N 1 C- 0 I $ N Ofa r y Fu h I r C Dlate fy Notary Public,personally appeared L\��vl l n • 1\e Qd y R r 1 A c*tr 1 C"t (t PCpersonally known to me OR©prevcd to rae onthe basis e£satisfaetory evidence to be the person whose name 4& e subscribed to the within instrument and acknowledged to me that ey executed the same in jusaqzlthew authorized capaci ie , and drat by t reir siguaturds on the instrument the persorl , or the entity upon behalf of which the person@ acted,executed the instrument. (SEAL) WITNESS my hand and official seal. Ik JU01TH A.NiCHOLS I CommissbnM14S7823 16MV: arynia NOTARYS SIGNATURERNrrgtt'Fxplres Moy 21_20081 7 f V ✓�� I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII tere�i09 e£&13gseR EXHIBIT "A" DESCRIPTION OF LICENSEE PROPERTY Legal Description: Lot 17 in Block"E" of the Araby Tract, as per map recorded in Book 13 Pages 61 and 62 of maps, records of Riverside County, California. IN IIIIII 111111111111111111111111111111111111111111 10 000100f' 000F Vic Ki air 15 Neighbors Exist. WaI k William Johnson Residence 2380 Smokewood Ave. DI Palm Springgs, CA 92264 APN 510-142-004 PS'e wfi� La Exlst �4w TRS T RVI 14361 14 S RVI 0145 TGW 91 g545 F 759p Fs SAD`, 33 y 1ag41 4 5 5 G0 FL �,1A851 gg 9G 195 EW APPROX LOCATION EXIST SEWER LATERAL BG FS 4p65O � RD �q n (486) STEPS UP 06.T. - 4e29) 2 m �mm ro Imo I4ar1 .� m.. 14OG9�1487( 44 I m 95 6 20 onst. 36' high X 50' long (prox) J m F m ,Caeal F es Con. Bkc. Wall with natural stone face �� �T6X APPROX LOCATION_! R EXIST GAS LINE -- �a Bgl APPROX LOCATION EXIST eTER LINE �r 90 0 m X f49O1 9 RD a o a�V 2 X q `4.F a rock p'M '"n 25 95L b95 �n �G'O 149 3 051 \ (4916) 41 �y z 495 J G 4947 49 C TOW 501 TPI z4 m FIR COURSE FOR DRAINAGE) (49231 14 31 EXIS FIRE 8 HI SIX ST -SIX WA ST 49j) HYDRANT © Iq gyp' 9 30)0 SLAB� 1493 SLAB 6,91 � °i B --ADJUST GRADE 9693 494) \ s� EXIST IX TER METE 6 / 9 to / P9 jQ G 14 4744>I APPROX P PVMT C L 5 5 S All CoArete Pouring As - ' ' CITY OF PALM SPRINGS, CALIFORNIA Contractor Most Have This Permit at Subsurface Structures Must Be Done Department of Public Works the Job Site or the Work Will Not in the P(eaonl of an Inspector. CONSTRUCTION PERMIT Be Inspected. For theA Construction iof�Strolls, Sewers, �S`'ttorm�Drains and any work Rhin Public Streets or Right of Way APPLICANT'',SfS NAME(Print) W��C/Ir.r—plyr_�eY���,py�6�<-{-y�f�we��T— J0 ADDRESS _ `�r-✓� i " �`�`"'�KM'�6� J�NCJ OE! Dolor,ewmr Ue nl.Flom or cxrecubn) PHONE N0. SKETCH PHONE 323-8253 Ext 8733 (Field Engineie ing) REMARKS: 24 HrS. in advance of inspecllOna START DATE: WORKDAYS: COMPLETION GATE: JOB FOREMAN: - PRIME CONTRACTOR: '�r`3' SUBCONTRACTOR: SUBCONTRACTOR: SUBCONTRACTOR: JOB PHONE TESTING LAB: CITY INSPECTOR CITYPROJECTNO. BIDAMOUNTS PURCHASE ORDER NO ACCOUNT NO (Fold Here) JOB LOCATION Street Address or Descriptor)of Location 2 � PERMIT 13 4 0 8 zoo STREEr ADDRESS All work detailed on this permit shall be CURB: LIN.FT.AT PER FT =S construcled in accordance with the provisions of this permit to the satisfaction of the City SIDEWALK. SO.FT AT PER SO.FT. =$ Engineer The Municipal Code of the City of Palm Springs,this Construction Permit,and the PAVEMENT, SO FT.AT PER SO FT =$ following standard plans are hereby made a CROSS GUTTER: PER EA. _EA =S. pall of this permit RIBBON GUTTER LIN.FT AT PER LIN.FT. =$ STREET PLAN# DRIVEWAY: PER EA EA. =$ SEWER PLAN 8 SEWER MAIN. LIN.FT.AT PER LIN.FT. =$ GRADING PLAN ❑ Check SEWER LATERALS LIN.FT AT PER LIN.FT =$ WATER PLAN 0 Check SEWER CONNECTIONS: PER EA. EA =$ BUILDING PLAN 0 Check SEWER MANHOLES: PER EA _EA. =$ The above referencedsketch, plans, profiles, plan, waivers, standard plan, waivers, affidavit bonds. =S _ insurance and the standard specifications of the City of Palm Springs,are hereby included and SURVEY INSPECTION FEE made a part of this permit. Contractor or Permitee is Responsible(or Testing. PERMIT F =$ '\ (Except City Projects) TOTA EES =S 9 DATE: I have read The above p y with the THIS PERMIT MUST BEAR Provisions of this permit,including the rules printed Acct 001-32203 ISSUED BY on the reverse of this permit. and to pay for any additional replacement necessary as the result of ' � n� rnn�y ,��c "��"��� this work l�lt�+�o� fco JADW11 £ � SIGNATURE OF APPLICANT,OWNER eP AGENT 1 _ CITY TREA$I)RER S VAL ATDN �J City Enpinser's Copy-While Applicant's Copy-Yellow Inspector's Copy-Golden Rodod,}'/y''Q`TTrrreaassuieferr's Copy--Pink rVl�L'-PC IIIIII IIIIII IIIIII IIII IIII IIIIIII'I'll III IIIIII III IIII 0 1,12 04 8 10081 OQA