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HomeMy WebLinkAbout04676 - BAMBOOZ BEACH HUT 332 NPC ENCROACHMENT APN 513-081-015 "C7 Cindy Berardi From: Carl Sessoms Sent: Thursday, September 09, 2010 10:34 AM To: Cindy Berardi Subject: RE: Current License? There is no current/active license for this location. The Bumgartner license was allowed to expire in 2005 and never renewed. There have been several owners/businesses at this location since however none are active. Fox Account Specialist Business License Division City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 7BB-323-8289 76D-322-8344FAX Carl.Sessomsipalmsprings-ca.gov www.palmsprings-ca.gov Please note that Pahn Springs City 11all hours are from 8:00 am to 6:00 pni 1lon. - 'flours. and �r,e are closed on I'ridzay s From: Cindy Berardi Sent: Thursday, September 09, 2010 10:13 AM To: Carl Sessoms Subject: Current License? Does Bambooz Beach Hut, owned by Daniel L. Baumgartner and Vitaya Victor Luangapichat, and located at 332 N. Palm Canyor Drive have a business license? Thank you, Carl �..iI I ij f�er2t-JI <' I lcc� of d-)e. City of Palm Springs P. O. Box 2743 Palm Springs, CA 92262 (760) 322-8355 Cindy.Berarditc"D_palmspringsca.gov Please note the office hours for City Hall are Monday-Thursday 8am--6pm, and we are closer! on Fridays. Please consider the environment prior to printing this e-mail. Thank you! nini7n�n Bambooz Beach Hut Encroachment AGREEMENT #4676 1-31-03 FREE RECORDING REQUESTED BY DOC a 20OZ—1 240 1 5 AND WHEN RECORDED MAIL TO: 02/21/2003 08:00A Fee:NC Page 1 of 12 Recorded in Official Records CITY OF PALM SPRINGS County of Riverside PO Box 2743 Gary L. Orso Palm Springs, CA 92263-2743 Assessor, County Clerk 6 Recorder Attn: City Clerk 111111111111 111PI 1111111111111 111 M S llSIZE GA PCOR NOCOR CMF MISC I I V Filing Fee Exempt Per Government Code 6103 A R L DOPY LONG REFIINC NCIiG E%HM OUTDOOR DINING ENCROACHMENT AGREEMENT n THIS ENCROACHMENT AGREEMENT ( "Agreement" ) is entered into this SW day of gVNAG�1-� q_, 2003 , by and between Daniel L. Baumgartner, Vitaya Victor Luangapichat, d/b/a/ Bambooz Beach Hut, ( "Applicant" ) , whose address is 2119 S. Birdie Way, Palm Springs, Ca 92264, and the CITY OF PALM SPRINGS, a municipal corporation ( "City" ) , whose address is PO Box 2743 , 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263 , Attn: Department of Building and Safety. R E C I T A L S : A. Applicant is the tenant of that certain real property located in the City of Palm Springs, County of Riverside, State of California commonly known as 332 N. Palm Canyon Drive, Palm Springs, California 92262, (APN 513-081-015) , more particularly described on Exhibit "A" attached hereto and incorporated herein by reference ( "Applicant Property") . 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 described on Exhibit "B" hereto ( "City Property" ) . B . Applicant desires to construct or maintain a 4 chairs and 2 tables with umbrellas anchored with bases per City of Palm Springs Std. Dwg. No. 910, or equal, to be placed in the public right-of-way more specifically depicted on Exhibit "C" hereto on the City property ( "Encroachment" ) . City has agreed to grant to Applicant 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 Applicant executes this Agreement . 1 NOW THEREFORE, the parties hereto agree as follows : 1 . 0 License. The City hereby grants to Applicant a license revocable or relocatable with or without cause at any time by the City to construct and/or maintain the Encroachment upon all of the terms and conditions of the Permit and this Agreement ( "License") . 2 . 0 Covenants . 2 . 1 In General . Applicant hereby agrees to construct, maintain, relocate and remove the Encroachment in accordance with Chapter 14 . 16 of the City of Palm Springs Municipal Code, as amended from time to time. 2 . 2 Maintenance. Applicant shall maintain, repair and replace the Encroachment and the City Property so as to keep the Encroachment and such area in a neat, clean, first class condition and in good order and repair, free of weeds, trash and debris at all times . All tables, chairs , or other items shall be kept in a clean, safe condition, and shall not be placed in a manner that impedes or prevents pedestrian traffic. In the event Applicant does not maintain the Encroachment and the City Property as required herein, the City may terminate the License as more particularly provided in Section 3 . 0 . 2 . 3 Indemnity. Applicant 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 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) Applicant 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) Applicant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities and Applicant agrees to save and hold the City, its officers, agents and employees harmless therefrom; 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII az zA©2 of 126aaR (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Applicant for such damages or other claims arising out of the location, construction, maintenance, relocation or removal of the Encroachment, Applicant 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 . 2 .4 Covenants Running With the Land. The covenants and restrictions by Applicant set forth in this Agreement : (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 Applicant and every person having any fee, leasehold or other interest in any portion of the Applicant 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. 3 . Insurance. 3 . 1 Insurance Requirement. During the entire term of this License, Licensee shall 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 Licensor against incurring any legal cost in defending claims for alleged loss . 3 . 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. 3 .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 .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 . 3 4 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII OV21/2 ©f06aaa 2 3 . 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. 4 . 0 Termination. The License is terminable with or without cause by the City at any time. Applicant shall remove the Encroachment and restore the City Property to its former condition, at Applicant ' s sole cost and expense, within thirty (30) days of written notice from the City. In the event Applicant 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. Applicant shall immediately reimburse the City for all out of pocket expenses expended to remove the Encroachment and restore the Property. Said amounts shall accrue interest from the date expended by the City at the maximum non-usurious interest rate permitted by law. 5 . 0 Miscellaneous . 5 . 1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent prepaid, first-class mail to the addresses listed on the first page of this Agreement . Either party may change its address 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 4 . 1 . 5 .2 Attorneys Fees . In any action between the parties hereto seeking enforcement of this Agreement, 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. 5 . 3 Amendment or Modification. This Agreement may not be modified or amended except by written agreement executed by the then- owner of the Applicant Property and the City Property and recorded in the Office of the County Recorder, County of Riverside, California. 4 II IIII I II I III III III HE II II II I II II 02 21�'2@��.'4&9 OOA 4of 12 5 .4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 5 . 5 Severability. The invalidity or unenforceability of any provision of this Agreement 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 . 5 . 6 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 benefited and/or restricted in the manner herein described. 5 Illiil IIII I II I II I I III III I II I IIII IIII / 650a10221 OAR IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. Bambooz Beach Hut Daniel L. aumgartner p Vitaya Victor Luangapi a "Applicant" (APPLICANT MUST HAVE SIGNATURE NOTARIZED) CITY OF PALM SPRINGS, a Municipal Corpor ion By: Director of Public Works/ City Engineer "City" (CITY ENGINEER MUST HAVE SIGNATURE NOTARIZED) APPROVED AS TO OWNERSHIP & LEGAL DESCR PTION By: (NOTARY STATEMENTS ON FOLLOWING PAGE) 6 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0z z©06 6£4R8 yee State of California ) )ss. County of Riverside ) /� (� On�14tYl h'4 31,2-003 before me, l Cl.rr' e, RQVnaU t N(7�C�/(�1 Plt.ri]IlG Date Name and Title 1of Officer personally appeared 1 Ja' n le�1 1— • al(V�1 q(y r i -eX Name(s)of Sign66) 1proved to me on the basis of satisfactory evidence CABBIE ROVNIEY to be the person' whose name((,is/ar"ubscribed to the mmission#1348A67 within instrument and acknowledgment to me that Notary Public- h Riverside County aunty he/she/the},executed the same in hisfher#heir authorized � A+yComm E)0resMar28,2006 capacity(-*,and that by hisAter/tbeir signatures(s)•on the t. instrument the person(s),or the entity upon behalf of which the person(syacted, executed the instrument. WITNESS my hand and official seal State of California ) )ss. County of Riverside ) On T6,V lklXQ 31 , 2073 before me, ��rr 1��OVYLQJ j I Vr71wr l4 ((j� L _ Date t \ r I _ Name and Title of Officer 1' J� personally appeared 1- o��1 Cl V l � or- L u a n g a p 1 GI Y "J NName(s)of Signer(s) IQ proved to me on the basis of satisfactory evidence to be the person(o whose name(ois/arc subscribed to the within instrument and acknowledgment to me that CARRIE ROVNEY he/she#hep-executed the same in lus/hev4heir authorized commission#IMSM457 ££' capacity(icA and that by his/herhhcir signatures(s)on the Notary Public-Caftmla6 S person(s) the personK or the entity upon behalf of which Riverside county plycanm.E>rpimsMar26.Z00 the acted, executed the instrument. WITNESS my hand and official seal mtxre-e Pul is 7 1111111 ME 11111111111 III 111111111111 III 11111 IN IIII 02 t,003�93500R STATE OF CALIFORNIA) SS. COUNTY OF RIVERSIDE) On QCULI,Ct( � a-Q�3 before me, date k pe scnally appeared I ersonally known to me OR ❑ -p * rhe_,b s � „`—sates to be the person whose name is subscribed to the within instrument and acknowledged to me that he CARRIEROVNEY executed the same in his authorized capacity, and Commission#1348457 - that by his signature on the instrument the person, or the entity upon behalf of which the person acted, NafaryPublic-Ca@Pomla executed the instrument. Riverside County '-Comm.EowMar25,2MG Witnessmy hand official seal. natur Notary 8 IIIIIII IIIIII IIII IIIIIII IIIIIIIIII(IIIIIII(IIII IIII IIII ©2�©f�� 0£�02�©BF EXHIBIT "A" LEGAL DESCRIPTION OF OWNER/APPLICANT PROPERTY The North 50 feet of Lot 8, Block 24, as shown on Map of Townsite of Palm Springs, recorded in Book 9 Page 432 of Maps, Records of San Diego County, California. 1 9 IIII III II IIII I (IIII III II III III �R99 of 1a ez o0 EXHIBIT "B" DESCRIPTION OF PUBLIC RIGHT-OF-WAY That portion of Palm Canyon Drive North, 40 feet Wide, dedicated to the public right-of-way, as shown on Map of Townsite of Palm Springs, recorded in Book 9 Page 432 of Maps, Records of San Diego County, California. io 1111111V1111111111111111111111111111 ©z z1/z09o4&816 12o0A EXHIBIT"C" DEPICTION OF CITY PROPERTY AND ENCROACHMENT INCLUSIVE OF PERMIT CONDITIONS vo w ��,,: r — P errs lx v oA *� ,paw N c�' W o _ U W J ( � m C '---�r✓� * N �J O �N m G✓AG.eG✓�y IIIIIII IIIIII IIII IIIIIII III IIIIIII IIIII III IIIIII III IIII rat E p 21©0£120@F 11 NO. REVISIONS APPROVED DATE FACE OF CURB 0a TABLE. 6' DIA. UMBRELLA ON z w -i 6-1/2' TALL POLE, AND CHAIRS m w FOOTPRINT N < m 0 � POSITION OF UMBRELLA HOLDER INTERLOCKING PAVER/PCC AREA' P.C.C. SIDEWALK AREA ON 2-1/2" DIA. X 12" GALV. N PIPE SLEEVE N� 1/2" DIA. X 6" STEEL O RETAINING PIN 3/8" DIA. STEEL LIFTING EYES, PC CONCRETE BASE I _ 4" TYP. 520-D-2500 18" 'I 4" C #3t REBAR 0co NOTE: �r ® O A 3" WIDE REFLECTIVE ORANGE STRIP SHALL BE PUT AROUND THE LIFTING EYE DETAIL PC CONCRETE BASE. CITY OF PALM SPRINGS APpj DATE: 5 DEPARTMENT OF PUBLIC WORKS 8931 ER RIGHT-OF-WAY ENCROACHMENT DRAWN BN: MV FILE NO. R.C.E. H STANDARDS TABLE DETAIL CHECKED BY: D.J.B. DWG. NO. 910