HomeMy WebLinkAbout2/19/2003 - STAFF REPORTS (4) DATE: February 19, 2003
TO: City Council
FROM: Director of Public Works/City Engineer
SUBJECT: ENCROACHMENT LICENSE FOR 610 AND 622 NORTH PALM CANYON
DRIVE
RECOMMENDATION:
It is recommended that the City Council authorize the issuance of an Encroachment
License to Rosenau Investments, Inc, to allow the construction and maintenance of al
feet wide arcade (tower) and a 10 feet wide covered walkway within public right-of-way
specifically located at 610 and 622 North Palm Canyon Drive.
SUMMARY:
On September 11, 2002,the Planning Commission approved the proposed encroachment
as part of its review and approval of the Pepper Tree Inn(formerly Lambs Garden building),
Case No. 3.1018. Staff recommends that the City Council approve the issuance of an
Encroachment License that would allow the construction and maintenance of a 12 feetwide
arcade (tower) and a 10 feet wide covered walkway within the public right-of-way.
BACKGROUND:
The applicant, Rosenau Investments, Inc., is seeking approval from the City Council of an
Encroachment License that would allow the construction and maintenance of al feet wide
arcade (tower) and a 10 feet wide covered walkway in public right-of-way for North Palm
Canyon Drive. The existing sidewalk is 18 feet wide as measured from the face of curb to
the property line.
The granting of the Encroachment License will allow the Licensee to construct the above
referenced improvements within City right-of-way in accordance with all terms and
conditions described within the license.
SUBMITT
70
DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVED:
DAVID READY
City Manager
ATTACHMENTS:
1. Minute Order
2. Encroachment License
1
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 and
Public Works and Engineering
Filing Fee Exempt Per Government Code 6103 (For Recorder's Use Only)
ENCROACHMENT LICENSE
(ALL PROPERTIES OTHER THAN INDIVIDUAL RESIDENTIAL PROPERTIES)
THIS ENCROACHMENT LICENSE (the "License") is entered into this
day of , 2003, by and between Rosenau Investments,
Inc. , a California Corporation ("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" ) .
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 an arcade and covered walkway
which will encroach on the City property in the location depicted on
Exhibit "B" attached hereto and incorporated herein by reference (the
"Encroachment") .
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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 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 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)
2qd3
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 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 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
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;
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(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 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 .
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 .
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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 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 :
YA&
5
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 .
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15 . Severability. 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 .
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IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date first set forth above.
"LICENSEE"
Rosenau Investments, Inc.
i `� 1
By: ?,& ()rutue�z, t
Robert Rosenau
Its : President
(Licensee shall have signature notarized)
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
Burke, Williams & Sorensen, LLP
City Attorney
APPROVED BY CITY COUNCIL:
By:
Its :
Resolution No. :
8
STATE OF CALIFORNIA)
SS.
COUNTY OF RIVERSIDE) /� p J
On (Vf)U2-(h1h2,1r 'O� before me, ( .Lt,�YL(i IlD�f1P� /V����f�
Date K-p
pp - I/�
Notary Public, personally appeared I\obe,(- wo cf -
WO'proved to me on the basis of satisfactory evidence
to be the person whose name is/a,, subscribed to
the within instrument and acknowledged to me that
he/ h * 4@ executed the same in his "CARRfEROVNEY �4� j� `�,-ram.,
Commission#1348457 i authorized capacity( es'�, and that by his '
Notary Public-California si nature /� g (-sj^ on the instrument the person(-s) , or
Riverside County the entity upon behalf of which the person(-a -
Mycomm.ErgrireaMar26,2W6 acted, executed the instrument.
(SEAL) WITNESS /myy hand
" and official seal.
l �vvu �-�"
NOTARY'S SIGNATURE
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 whose name 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.
(SEAL) WITNESS my hand and official seal.
NOTARY'S SIGNATURE
9 y, ��
EXHIBIT "A"
DESCRIPTION OF LICENSEE PROPERTY
Parcel' 1 :
Lot 20, Block "B" , of Palm Springs Estates No . 2, in the City of
Palm Springs, County of Riverside, 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.
qjj
10
EXHIBIT "B" 1 OF 5
DEPICTION OF CITY PROPERTY AND ENCROACHMENT
50' -40
I
ULTIMATE R.O.
I "ZERO" (- '
SETBACK
i
10'
I EXISTING
PALM TREE
LOCATION r
� O
IENCROACHMENT
� I �
I I EXISTING BUILDING FIR
p EXISTING I f (TYPE V-N )
i PALM TREE I (OCC. M.)
Z I LOCATION
O
UI ' PLAN aNG AREA
-J I RECONSTRUCTED I�
Q SIDEWALK BELOW
CL NEW ARCADE
. i II
Z PROPOSED NEW
PALM 1REE
LOCATION
IENCROACHMENT EXHIBIT:
PEPPER TREE INN
I 622 NORTH PALM CANYON DRIVE
CASE # 3.1018 APN 505-303-005 NTS
11 7
EXHIBIT "B" 2 OF 5
DEPICTION OF CITY PROPERTY AND ENCROACHMENT
TOP OF WDEE
r
MISSION TWO-PIECE ROOT TILE
U5 TILE / ICW#ER-$525
TOP OP PARAPET
Y1 �
TOP Or RIDES
+ P
70P OF PLAT ------- "
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m
12
EXHIBIT 7B" 3 OF 5
DEPICTION OF CITY PROPERTY AND ENCROACHMENT
m
r
EXISTING ROOF
SLOPE 4`J
SLOPE 4:1
v
A
m J
A J
SLOPE 4:1
13
EXHIBIT "B 4 OF 5
DEPICTION OF CITY PROPERTY'fAND ENCROACHMENT
. MISSION TWO-PIECE ROOF TILE Q
US TILE ! ICHO#ER-3523-�
n-
MISSION TWO-PIECE ROOF TILE 1
+18'4" U5 TILE i ICHO#ER-3523 TOP OP PARAPET .1
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TOP OF RJOSE n
- m 20
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TAP ---
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4 L - --
'4 :� m
RIGHT ELEVATION
14
EXHIBIT "B" 5 OF 5
DEPICTION OF CITY PROPERTY AND ENCROACHMENT
17 `` M155ION TWO-FIEOE ROOF TILE Top or R w-
U5 TILE /1650#ER-3523 12
4
TOP OF FARAFFP i TOP OF PLATE
H
TOP OM PARAPET -
a
M
N
fI5'-3°
MI5510N TWO-PIECE ROOF TILE 1p Top OF Wee
U5 TILE 1 IOBO#ER-3523
TOP OF 7E ----- +13'-0° ry
TOP OM Fl-ATE
it
❑ ❑ ❑
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TOP OF MATE
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4 6
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FINISH FLOOR m
- FINISH FLOOR
FRONT ELEVATION
15
MINUTE ORDER NO.
AUTHORIZING THE ISSUANCE OF AN ENCROACHMENT
LICENSE TO ROSENAU INVESTMENTS, INC,TO ALLOW
THE CONSTRUCTION AND MAINTENANCE OF A 12'
FEET WIDE ARCADE (TOWER) AND 10 FEET WIDE
COVERED WALKWAY, WITHIN THE PUBLIC RIGHT-OF-
WAY SPECIFICALLY LOCATED AT 610 AND 622 NORTH
PALM CANYON DRIVE
I HEREBY CERTIFY that this Minute Order, authorizing the issuance of an Encroachment License
to Rosenau Investments, Inc, to allow the construction and maintenance of a 12 feet wide arcade
(tower)and a 10 feet wide covered walkway,within the public right-of-way specifically located at 610
and 622 North Palm Canyon Drive, was adopted by the City Council of the City of Palm Springs,
California, in a meeting thereof held on the 19 th day of February, 2003.
PATRICIA A. SANDERS
City Clerk