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HomeMy WebLinkAboutA4644 - ROSENAU INVESTMENTS 610 622 NPC ENCROACHMENT 2Z A zz N t9,4LN( e,4v�d.J 6 CQ �z ,v P4 UA e4 M'Ya:.l 1/30/2009 C� `f� N. 1 xl�r,q� t'A�o,J p/._►�r.�'��' Dear Mr. Duckworth, Alas, I have gathered the documents needed—the notarized addendum explaining that the fire sprinkler is under the obligation of Bob Rosenau and the revised plat plan, showing that the property line jogs out a bit to cover the patio of the hotel. Hopefully,these are the two remaining items that prevent the property line separation from being officially finaled. Thank you for your guidance and patience with this matter. Please cal a if you have any questions, Ta L0kr 415.269.7299 Addendum#2 This letter shall serve as a reciprocal easement agreement, to be notarized by both parties, and recorded wherein guests of seller may utilize the roof tower of the building sold hereunder for refreshments, so long as the building stands; provided, however that such right shall terminate upon the destruction of said building for any reason; and provided, further that Buyer shall have no obligation to maintain the roof tower area OR the fire suppression sprinkler; and provided further that Seller shall maintain the roof tower area AND fire suppression sprinkler and shall be responsible for any damage or injury to any of its guests that are injured or killed while utilizing the roof tower, and shall hold Buyer free and harmless from any claim, loss, action, cause of action or suit, including reasonable attorney's fees resulting from any injury or damage resulting from the use of the building roof tower. Robert Rosenau, Owner (ZL4-,-t Pepper Tree Inn Tara Lazar, Owner Cheeky's CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californ' County of On eZ1Z9 U J4L before me, ------- / Date „�,.,� r Here Insert Name and Title of the Officer personally appeared /i9 "y /�&— Zi5),ZA",-& N e(s)of Signer(s) e who proved to me on the basis of satisfactory evidence to be the persons, whose name(s) Mare subscribed to the within instrument and acknowledged to me that h,�/s*they executed the same in hjd/hor/their authorized MANLY capacity(ies), and that by hi�Yhef/their signature on the Waiaioe=t7i9�60 instrument the person(s), or the entity upon behalf of CgffarmW I which the persons acted, executed the instrument. Mx Comm-lmpmM�7,md I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. yJ Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 1+4 n ell" Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: /, t�+� .0��'A.e . Signer's Name: /Y/t�G'E ,Gi9. /�!�✓ 11 Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner---❑ Limited ❑ General Bill ElAttorney in Fact ❑Attorney in Fact IW.9.1 1 Trustee Top of thumb here ❑Trustee Top of thumb here n Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313.2402•www.NationalNotary.org Item#5907 Reorder!Call Toll-Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of Jl'1 Ca On l I ��_ before me, _ ��, ��11"1 _ Q�_ �?�"?__�_ I (insert name and title of the officer) 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 signature(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. WITNESS my hand and official seal. APRIL M. MARTIN � (� COPv1M.4: 1579210 1U NJTA�Y PU'dI,IC C:Al,lr=ORNIA SHASTA COUNTY S ��y„r� COMM.EXi'.JUNE 9,2009 Signatur _ r"'1/�F� (Seal) i ExHIBrr wB O l I Q 45.oa 57.90' N 89°40;00'E RZ6ra 208.27' 1 45.00 a cj p ——— LINES TO BE ADJUSTED i .,O N 3 04 0� i LOT rs ��Get,: a 57.90' 0 Ep s g f TPOB — 8 s } PCL 2 ►�Tl"4 '---- —._....--------0 i J J W PA�12 M m U o. t71 %Rls 0.625 ACRES Q N Q ' a 0 0 9'082 SF.5 6 7 27,227 SF. 00 odo z � 4 32 PARCEL "B" 50.00 LLA 03--001 ' 1 Li 41 173.31 N 89 4O OO E 239.72 12.00 ca - - - - - co GRANVIA VALMONTE u ' i z i LS. 4W 9 b��� i I 0 CAOS Av ArpR�= 3 CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING 7997 DEPARTMENT P.Ls. ASST. CITY EXONEER PARCEL MERGER ° "�' Or. "►� No.. } DH 1" = 60' LLA 05-18 i SEE EXHIBIT "A" °"E`*�° Or. W.O. '� SHMT"° i„S 05-242 1 OF 2 EXHIBIT 8" C y q E 45. 0 i 57.90' N 89°40'00" 208.27� 5P��6t A 0 0 ' I 0 7 Q C 0 4 - LINES TO BE ADJUSTEDLn ` r 0_ _ 04 06J0 4 Z P 0 „ LOT 19 57.90� ---- -- O� * �p U OG� O Z N TPOB PC 2 I 0 - cv cv ---- ---_ O w PARaEZ 2 0 ® 0.625 ACRES co 0 0 Of 5 6 ' 27,227 SF. �° 3 `t 4 2 PARCEL "B. 50.00 LLA 03-001 �z ' 6.4 173.31 i 89 40 00 E 239.72 12.00 GAANVIA VALMGNTE II r Off* s - .. "TYds �ilat b for Yo`-a ad in Wang Your land with mferdnce L.s. ai as. Ei is not a surM. While this tD S arr z end ati'��ir (��i4 i8• EXP. 6/30/08 fat is tars"rsw:d to � correc'�, they Corrr}�Kcny a3strrnes ,n `r h: ty for.0'� occur nq by rrasos�of rri►►Ytance thereon., �z- (;: iTL.E 1�5!.FWgir- CG,14PAi iY d C A APPROVED: P p CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING 7287 DEPARTMENT �ssT: CI ibW of PuBuc worts/ P.L.S. ENGINEER PARCEL MERGER DESIGN BY: SCALE: FILE NO.: DH 1" = 60, LLA 05-18 LEGAL DESCRIPTION: CHECKED BY: xo0 I SHEET NO.: SEE EXHIBIT "A" JLS 05--242 1 OF 2 9 of i l i Ij I Il�lll��I�III I!�IIII�IIII�Il�llll Ill�l III��II�IIII IIII rieie096-es o 968R er. 607035911 Doc: RV:2006 00573887 Page 9 of 10 Created BY: Iduran Printed: 12/1/2006 5:49:51 AM PST o� PALM sA CITY OF PALM SPRINGS FIRE DEPARTMENT �-k FIRE PREVENTION BUREAU 300 N.El Cielo Road, Palm Springs, CA 92262 * TEL: (760)323-8186 FAX:(760)778-8430 gI/F01t TDD:(760)864-9527 March 19,2008 Ms. Tara Lazar 622 North Palm Canyon Drive Palm Springs, CA 92263-3364 RE:Request for waiver of fire sprinkler requirements for proposed restaurant located at 622 North Palm Canyon Drive. Ms. Lazar: I have reviewed your proposed project with Don Duckworth (Building Official) and Blake Goetz (Fire Chief). Based on the information presented it is clear that Mr. Rosenau, the previous building owner, failed to meet the conditions required of him to separate his building located at 622 North Palm Canyon as shown on the site plan prepared by Chris Sahlin Architects. The site plan dated 12-13-05 indicates the separation of a new commercial building from an existing hotel. The site plan illustrates a two(2) story hotel and a one(1) story mercantile building being separated into two (2) divided properties that included fire sprinkler systems for each building with separate water supplies for the sprinkler systems. You, as the new owner of the 1450 square foot mercantile building located at 622 North Palm Canyon, have requested a waiver of the original fire sprinkler requirements. I have met with Building Official who has determined that upon completion of a two (2) hour separation wall between your building and the adjacent Peppertree Hotel, the Building Official now considers the property in question to be two separate buildings on two separate properties. The building department is currently in receipt of your site plans to open a restaurant at 622 North Palm Canyon Drive. Based on your submitted plans, there has been a change in occupancy use for your building from a mercantile classification to a business classification. As per our meeting last week, your approved building plans depict the following: • 1450 square feet building • Group B Occupancy Classification(Restaurant) • Maximum occupant load of 41 • Installation of a two (2) hour separation wall between your building and the Peppertree Inn Hotel as per the 2007 California Building Code. Property0etall Keport ra�c ui Proper Detail Report for: PR UCTS MAP e*�«+e�i+�n�+n 622 N PALM CANYON DR, PALM SPRINGS CA , 92262-5523 Owner Information: Owner Name: ROSENAU INV INC Mailing Address: 622 N PALM CANYON DR,PALM SPRINGS,CA,92262-5523 Vesting Code: COMPANY/CORPORATION/INCORPORATED Phone Number: Location Information: Legal Description: 1.06 ACRES M/L IN POR LOTS 16,17,18&19 BLK B MB 016/045 PALM SPRINGS ESTATES 2 FOR TOTAL DESCRIPTION SEE ASSESSORS MAPS County: RIVERSIDE FIPS Code: 06065 Census Trct/Blk: 0446013/3 APN: 505303029 Alternative APN: 505303029 Map Ref: D1-786 Twnshp-Rnge-Sect: -- Legal Book/Page: 505-30/ Tract No: Legal Lot: 16 Legal Block: B Subdivison: PALM SPGS ESTATES 02 Last Market Sale Information: Sale Date: 08/04/2006 Sale Price: list Mtg Amount: Sale Doc No: 0000573886 Price Per SgFt: 1$t Mtg Int Type: Transfer Doc No: Price Per Acre: 2"d Mtg Amount: Multi/Split Sale: 1st Mtg Doc No: 21d Mtg Int Type: Sale Type: Deed Type: Title Company: Lender: Seller Name: Property Characteristics: Building Area: Total Rooms: Construction: Living Area: Bedrooms Heat Type: Garage Area: Baths: Air Cond: Basement Area: Fireplace: Roof Type: Parking Type: No of Stories: Roof Material: Yr Built/Effective: / Quality: Style: Pool Code: Tax and Value Information: Assessed Value: $3,157,100 Assessed Year: 2008 Est Market Val: Land Value: $495,860 Property Tax: $35,788 Assessor Appd Val: Improvement Value: $2,661,240 Improvement%: 84.29 Total Taxable Value: $3,157,100 Tax Exemption: Site Information: Assessor Acres: 1.06 Zoning: Land Use: 142 Assessor Lot SgFt: 46,174 No of Buildings: Land Use Desc: MOTEL Assessor Lot W/D: / Res/Comm Units: County Use Code: Calculated Acres: 1.06 Sewer Type: Calculated Lot SgFt: 46,174 Water Type: Not in Fault Zone Hazard In One Mlle Industrial Commercial Zone Not in 100yr.FEMA Flood Zone Not In Dam Inundation Hazard Not in Wildland Fire Hazard Not In Severe Fire Hazard 'roperky Vetail Keport rayC ui Property Detail Report for: DI aITAI�MAP l 622 N PALM CANYON DR, PALM SPRINGS CA , 92262-5523 Owner Information: owner Name: LAZAR,SEYMOUR&ALYCE Mailing Address: 334 W HERMOSA PL,PALM SPRINGS,CA,92262-4345 Vesting Code: Phone Number: Location Information: Legal Description: .21 ACRES IN POR LOTS 20,21 &22 BLK B MB 0161045 PALM SPRINGS ESTATES 2 County: RIVERSIDE FIPS Code: 06065 Census Trct/Blk: 0446013/3 APN: 505303027 Alternative APN: 505303027 Map Ref: D1-786 Twnshp-Rnge-Sect: -- Legal Book/Page: 505-30/ Tract No: Legal Lot: 20 Legal Block: B Subdivison: PALM SPGS ESTATES 02 Last MarketSale Information: Sale Date: 01/2612007 Sale Price: $925,000 1st Mtg Amount: Sale Doc No: 0000061744 Price Per SgFt: 1st Mtg Int Type: Transfer Doc No: Price Per Acre: $4,404,762 2"d Mtg Amount: Multi/Split Sale: 1 It Mtg Doc No: 2"d Mtg Int Type: Sale Type: FULL CONSIDERATION Deed Type: GRANT DEED/DEED OF TRUST Title Company: CHICAGO TITLE Lender: Seller Name: ROSENAU INVESTMENTS INC Property Characteristics: Building Area: Total Rooms: Construction: Living Area: Bedrooms Heat Type: Garage Area: Baths: Air Cond: Basement Area: Fireplace: Roof Type: Parking Type: No of Stories: Roof Material: Yr Built/Effective: / Quality: Style: Pool Code: Tax and Value Information: Assessed Value: $943,500 Assessed Year: 2008 Est Market Val: $744,327 Land Value: $306,000 Property Tax: $5,657 Assessor Appd Val: Improvement Value: $637,500 Improvement%: 67.56 Total Taxable Value: $943,500 Tax Exemption: Site Information: Assessor Acres: 0.21 Zoning: Land Use: 142 Assessor Lot SgFt: 9,148 No of Buildings: Land Use Desc: MOTEL Assessor Lot W/D: / Res/Comm Units: County Use Code: Calculated Acres: 0.21 Sewer Type: Calculated Lot SgFt: 9,148 Water Type: Not in Fault Zone Hazard In One Mile Industrial Commercial Zone Not in 100yr.FEMA Flood Zone Not In Dam Inundation Hazard Not in Wildland Fire Hazard Not in Severe Fire Hazard OOC N 2000-338003 05/09/2003 08:00A Fee:NC Rage 1 of 15 Recorded in Official Records County of Riverside FREE RECORDING REQUESTS❑ 13Y Gary L. Orso AND WHEN RECORDED MAIL TO: Illlslllllllll Inty IIIIII Ilkllllllllllll IN III & Recorder CITY OF PALM SPRINGS P.O. 13ox 2743 Palm Springs, California 92263-2743 Attn: City C�ler1c _ F s U Race —size on PcoR NacoR. sme uisc copy .c REFUND 'c EWE Lp I Filing Fee Exempt Per Government Code 6103 (Rosenau Investments r Encroachment License ENCROACHMENT LICENSE AGREEMENT #4644 M07254, 2-19-03 �� (ALL PROPERTIES OTHER THAN INDIVIDUAL RESIDENTIAL PROPERTIES) ��� P THIS EN,CC OACHMENT LICENSE ( the "License") is entered into this 2003, by and between Rosenau Investments, Inc. , a Calfforn,i.a Lorporation ( "Licensee" ) and the CITY OF PALM SPRINGS, a municipal corporation ("City" ) . R E C I T A L S : 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 610 and 622 Palm Canyon Drive North, (APN 505-303- 005, 006) , more particularly described on Exhibit "A" attached hereto and incorporated herein by reference ("Licensee Property" ) . S. 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 an arcade and covered walkway which will encroach on the City property in the location depicted on Exhibit 111311 attached hereto and incorporated herein by reference (the "Encroachment" ) . 07UG61AAn 80 l wKE,)j0R �Asl,,,,�ENT 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 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- t-o 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 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 Licensee commences performance of any work on Licensee Property. 4 . Maintenance. Licensee 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 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) 2 IIIII IAllll IIIIA IIIII IAlll IIIIIA IIIII III Allll IIII IN I G5/0 '2 s£GF OLAA 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, prova.de, 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 claimed by any person, firm or entity arising out of or an 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 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; hAlll llll IIIII II IIA1 IIIII I III 111111111 IN esrePM3 of IL; eea (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 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 CNE 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 inability and property damage insurance shall also provide for and protect the Licensor 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 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. 4 IAAIIIlllllllulllullIIIAIIIIIIIIIIIIIIIIIIIIIIAIllll es a©0R e'0'3 a 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-37a 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 Lhereby terminated (the "Termination Notice" ) . Upon termination of the Encroachment, Licensee shall remove the Encroachment 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 : 5 IIII IIII I II I IIIIII II III IIIIIIII III NSres85 of 03 Is @Ma To City: City of Palm Springs PO Box 2743 Palm Springs, CA 92263-2743 Attn: Engineering Department Planning and Building Department With Copy to: Burke, Williams & Sorensen, LLP 18301 Von Karman Ave . , Ste, 1050 Irvine, CA 92612-1009 Attn: David J. Aleshire, Esq. Licensee: Mr. Robert Rosenau Rosenau Investments, Inc. 645 Indian Canyon Drive North Palm Springs, CA 92262 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 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 California. 6 1111111111 III 6sre 03�f�15 n��eeR 15 . Severability. The invalidity or unenforceability of any provision of this License with respect Lo 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 tc 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 a7.1 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 . 7 III I IIII III II III I II �� II II III R5 r]A�7o £�D5JOL�fl IN WITNESS WHEREOE, the parties have executed this Agreement as of the date first set forth above. "LICENSEE" Rosenau Investments, Inc. BY: C 4 `. I �n�ztoEa�# Robert Rosenau Its : President (Licensee shall have signature notarized) ATTEST: CITY OF PALM SPRINGS, a municipal corporation B City C1 City Manager APPROVED AS TO FORM: Aleshire & Wynder, LLP City ney APPROV�E�Dy BY �C^/I��TY COUNCIL: j' BY: d � vt• 111 s II III III I I III II II III I II 05l00/8 0$08y00F STATE OF CALIFORNIA) SS. COUNTY OP RIVERSIDE) p On _NjalleVr�bptr fq, rxA� before me, �tr[ rri2 ItCN L2-1Z, Date 1/� Notary Public, personally appeared I�ober-� K�&tc _ rnrad-ly—krmce�-r��e-me'-6ft 18�`proved to me on the basis of satisfactory evidence to be the person whose name is/aa-e subscribed to the within instrument and acknowledged to me that CARRIE ROVNEY he/r'� �', . executed the same in hisflxe to s Commission♦134857 authorized capacity(-:ts , and that by his/+few� M Notary Public-California signature(s)- on the instrument the person(-s4 , or Riverside County the enLity upon behalf of which the person(sr MY Comm acted, executed the instrument. (SEAT) WITNESS my hand and official sal- ,I.- NOTARY'S SIGNATURE STATE OF CALIFORNIA) SS. COUNTY OP 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 whose name is/are subscribed to Lhe within instrumenL and acknowledged to me that he/she/L-hey 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- (SEAL) W.T,TNESS my hand and official seal. NOTARY'S SIGNATURE II I AA A III 1 II I II II II II II III I I 11 es0 2003 08 05 GOA s of 15 Exx133IT "All DESCRIPTION OF LICENSEE PROPERTY Parcel 1 : Lot 20, Block "B" , of Palm Springs Estates No. 2, in the City of Palm Springs, County of Ri.versidc, State of California, as per map recorded in Book 16, Page 45, of Maps, in the office of the County Recorder of said county. Parcel 2 : Lots 21 and 22 in Block B of Palm Springs Estates No. 2, as shown by map on file in Book 16, Page 45 of Maps, official records of Riverside County, California. 10 IIIIII Alllll IIIIA IIIII IIIIA IIIIII IIIAI III IIIIII III IIII as esy a es u� s EXHIBIT "B^ 1 OF 5 DEPICTION OF CITY PROPERTY AND ENCROACM1ENT 50' t ULTIMATE R.O. I I "ZERO" SETBACK lo' EXISTING PALM TREE I I LOCATION I I 1 I - o IENCROACHMENT EXISTING BUILDING pl EXISTING I (TYPE V-N ) PALM TREE I (OCC. M.) Z I LOCATION ©m I PLANTING AREA m L)N 1 © I 5 �I RECONSTRUCTED d I SIDEWALK BELOW II _ 0- NEW ARCADE aiiaZ PROPOSED NEWP PALM TREE i LOCATION I IENCROACHMENT EXHIBIT: PEPPER TREE INN I 622 NORTH PALM CANYON DRIVE NTS I CASE # 3.1018 APN 505-303-005 1 11 EXHIBIT "B" 2 OF 5 DEPICTION OF CITY PROPERTY AND ENCROACHMENT da,_5„ Tap OF Now 1 M155ION TNIO-PIECE ROOF Tll E U5 TILE / 1050 0 ER-5525 TOP OF Ph �u� n " 0", Top of Wv�C ♦04" --------- - 7aP aF PLATG�O N_ n 6 'P 0 IIIIII IIIIII IIIII IIIII IIIII IIIIII IIIII III IIIIII III 05 09�12 of N9 N95 NR 12 EXHIBIT :'B" 3 OF 5 DEPICTION OF CITY PROPERTY AND ENCROACHMENT O EXISTING ROOF yr�OPE 4�1 SLOPE 4 1 1 41 A T. SLOPE 411 IIIIII IIIIII IIIII IIIII IIIII IIIIII II III III IIIIII III IIII O9IF e 13 2 riR Oaf 15 13 EXHIBIT "B" 4 OF 5 DEPICTION OF CITY PROPERW AND ENCROACHMENT is ,/missrox Two-PIECE Roof TILE �+ 0 TI+Jr 11650 a ER-FM 47 ➢.5 1 �MI581OY TWO-PIECE ROOF TILE U5 TILE 1100 ER-3523 a a 8 TOP OF PARFFET � o -7 TOP OF MOVE 40-6' 10 TA.P — — - 4➢.1 — — O tt - 8 m p RIGHT ELEVATION L4U0 llull000l °©s© IN III 111111III 111111111111111111111111111111111111111 E�u85e-eoea 14 EXHIBIT IIBII 5 OF 5 DEPICTION OF CITY PROPERTY AND ENCROACHMENT >al' J M1551ON M-N%E ROOF TILE TOP OF WDSE an. LY TILE 1 100#ER-5525 [2 �65 I TGP OF PARAPET , f 7CP OF PLATE a i - n +1841' TOP OF PARAPET € 'P M155ION TKO-NEGE ROOF TIL Tap of RIM U5 TLE 116130'=ER-5523 n� T TOP OF PLATE TOP LF RATE t� � J 1 TOP OF HATE t 1 [ 1 I�LI 4D•i n FIN15N FLOOR THIN%oaR I I I FRONT ELEVATION e,.9 8oL96Z/60r50 1111111111111111111111111111111111111111111111111111111 F9�3BE�-gr�pZ 15