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HomeMy WebLinkAboutA4659 - HUBBERT ENCROACHMENT LICENSE 299 OVERLOOK 513-363-022 12/06/1999 08:00A Fee:NC Page 1 of 8 Recorded in Official Records FREE RECORDING REQUESTED BY County of Riverside Gary L. Orso AND WHEN RECORDED MAIL TO: Assessor, County CountylY Clerk�1111 & RecorderCITY OF 11� P.O. BoxP2743SPRINGS1 AR 1} ! 1 1 A l� �'I�111 � Palm Springs, California 92263-2743 - - - - - - Attn: City Clem{ jMSflU PAGE SIZE OA MOR NOCOR SMF MISC Engineering Division ✓,k COPY LONG REFUND NCHG EXAM ENCROACHMENT LICENSE �� (INDIVIDUAL RESIDENTIAL PROPERTY OWNER) APB: � THIS ENCROACHMENT LICENSE(the"License")is entered into this 23'd day of July 1999 by and between Gary R. Hubbert and Victoria E. Hubbert, Trustees , ("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 cormnonly known as 299 Overlook Road, (APN 513-363- 022), more particularly described on Exhibit "A" attached hereto and 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 four foot, six inch(45)foot high block wall with gates at driveway and sidewalk and decorative interlocking pavers from the wall to the edge of pavement across the property frontage which will encroach on the City property in the location depicted on Exhibit "B" attached hereto and incorporated herein by reference(the "Encroaclnnent"). D. City has agreed to grant to Licensee an encroachment permit ("Permit") 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. NOW THEREFORE,the parties hereto agree as follows: 1.0 License. The City hereby grants a License to Licensee to construct the Encroaclmlent upon all of the terms and conditions of the Permit and this License. 2.0 Commencement of Construction. Licensee shall continence the constriction of the Eneroaclunent 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 will be commenced, at least twenty-four (24) hours prior to cormnencernent of such work. Licensee shall also notify the City upon completion of the Encroachment. 3.0 Construction of Encroachment. Any stricture placed pursuant to this License shall be constructed in a careful and workulanlike manner and in accordance with plans and specifications to be submitted to and approved by the City of Palm Springs Department of Buulding and Safety before Licensee comnnences performance of airy work on Licensee conunences performance of any work on Licensee Property. Gary R. Hubbert and Victoria E. Hubbert Encroachment License AGREEMENT#4659 R19691, 11-17-99 1 4. Maintenance. Licensee shall have the right and obligation to maintain, repair and replace,at its own cost and expense,the Encroaclunent so as to keep the Eneroaclunent 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 solely for the purposes as noted in Section 3. In 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 constriction and maintenance of the Encroaclnnent, 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 immediately 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 liabilities (collectively "claims or liabilities")that may be asserted or clammed by any person,firm or entity arising out of or in connection with the location, constriction, 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 attorneys' 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; (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 darnages or other claims arising out of the location, constriction, 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 Properly; (b) will constitute covenants ruining 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 any time 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 from 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 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1„c1�6r23 9 Sq}EEifl the Encroaclment or Licensee's use of the Encroaclment. Such public liability and properly damage insurance shall also provide for and protect the Licensor against incurring any legal cost in defending claims for alleged loss. 8.2 Proof of Insurance. All such insurance as required by this Section 6 shall be shown on a Certificate of Insurance; including the address, assessor's parcel nurnb-er, and the words 'Encroachment License'; and be delivered to the City of Palm Springs, Attn: Risk Management. 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 amotmt of public liability and property damage insurance coverage at that time is not adequate, the City Manager may require modifications to this coverage. 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 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 tern of the policy. 9. Termination. This License is terminable at such time when the City reasonably detennines that the City Property or any part thereof will be used for a propose which is nonconductive to the Encroachment, including but not limited to, construction, reconstruction or rraintenamce 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 conmmrmication 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: Risk Management With Copy to: Rutan& Tucker Post Office Box 1950 Costa Mesa, CA 92628-1950 Attn: David J. Aleshire, Esq. 3 IIIIII HIM IIIII IIIII III IIIIIII IIIIII III IIIII 1111 III 10 9,3£b� nlaF Licensee: Gary R. IIubbert and Victoria E. Hubbert 299 Overlook Road Patin Springs, CA 92264 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 Permit, 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 nm 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 Properly. 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 California. 15. Severability. The invalidity or a nenforceability 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 circuustances. 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. 4 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 12 c�&� 9f©13 9}R0R • • a:)L IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. "LICENSEE" Trustees Gary R. Hubbert Byczi�- LC(/ Victoria E. Hubbert (Licensee shall have signature notarized) ATTEST: CITY OF PALM SPRINGS, a municipal corporation By. � j�/� Clerk City Manager APPROVED AS TO FORM: Rutan& Tucker City Attorti�y� APPROVED BY CITY COUNCIL: Ju ry r.,L (Bf 'Hia cC I' (—'(QXJ1M(U0, By: Its: f b Resolution No.: 5 IIIIIIHIII111111111III1111111 III IIII III 12 FEG55 9af'0 00A STATE OF CALIFORNIA) SS. COUNTY OF RIVERSIDE) 1 On c] o l y D (a I g 9 e before me, Ju A-t k� . Nk- Cc. N Ack r date Notary Public, personally appeared G g r y a n U i C.1 0 v'I a e —p maw: me--^oR C$ proved to me on the basis of satisfactory evidence to be the person whose name 0 is are subscribed to the within instrument and acknowledged to me that hr- they executed the same in -k-i-s�lr their authorized capacity ies ....�.......+ - and that by thei signature(D on the JUDfIH A. NICHOLS C instrument the person(s) , or the entity upon Comm, 9 1097508 behalf of which the person acted, executed the ."!► NOTARY PUBLIC-CALIFORNIA instrument. " Riverside Comity hh. M4 eolnm, FKpuae MaY 21,2000 WITNESS my hand and official seal. _ rJ NOTARY10 SIGNATURE (SEAL) STATE OF CALIFORNIA) Ss. COUNTY OF RIVERSIDE) On before me, , date Notary Public, personally appeared , ❑ personally known to me OR ❑ 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 signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY'S SIGNATURE (SEAL) 6 111111 HIMIIIII IIIII III IIIIIII IIIIII III IIIII IIII It12 19 S5 of 99 08�UCiFl f EXHIBIT "A" DESCRIPTION OF LICENSEE PROPERTY AND ENCROACHMENT Lot 9, Block 7 of Palm Canyon Mesa Tract, as per Map Book 12, Page 52 of Maps, records of Riverside County Recorder's Office, Riverside County, California. EXHIBIT "A" TO ENCROACHMENT AGREEMENT 7 I IIIIII II III I III IIIII III IIIIIII IIIIII III IIIII IIII IIII 12re7E la£084aeR EXHIBIT "B" DEPICTION OF CITY PROPERTY AND ENCROACHMENT er 1 � 14 1 M sue + Qom , y N 1614 1 J3 ! Z 99 DVEK[-oojcc ]ZOAD W wlGd r s/w ,<t PsV= ' y ! � 9 r ( °L ► j C? o EXHIBIT "B" TO ENCROACHMENT AGREEMENT 8 llllll(IIIII IIIII IIIII1I1 III��II IIIII Ill I�III(III III( ia,l s��b�ss y34aeR