HomeMy WebLinkAbout00297C - DESERT HOSPITAL CORP COHAN PASEO EL MIRADOR Desert Hospital Corp.
Right of Entry and
Indemnification (Cohan Parcel)
AGREEMENT #297
AGREEMENT FOR RIGHT OF ENTRY AND INDEMI R844, 1-8-92
This Right of Entry and Indemnification Agreement is
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made this day of ,�r_.r��r-; �i , 199rw, by and between the
REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS ("Agency") ,
and DESERT HOSPITAL CORPORATION ("Developer") .
R E C I T A L S
The parties have entered into this Agreement on the
basis of the following facts, understandings, and intentions.
A. The Agency and Developer entered into an
EXCLUSIVE AGREEMENT TO NEGOTIATE ("Exclusive Agreement") ,
dated July 3 , 1991, whereby the parties had agreed to enter
into a Disposition and Development Agreement ("DDA")
regarding property generally described as 336-350 Paseo El
Mirador, and more specifically described in the legal
description attached hereto as Exhibit "A" ("Acquisition
Parcel") .
B. The Exclusive Agreement was extended by way of a
FIRST AMENDMENT TO EXCLUSIVE AGREEMENT TO NEGOTIATE ("First
Amendment") , entered into on or about �. „��,� � -V 1991.
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C. Under the Exclusive Agreement and First
Amendment, the Agency negotiated with the owner of the
Acquisition Parcel for purchase of the property. No
negotiated acquisition was possible, so the Agency initiated
an eminent domain action titled Community Redevelopment
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Agreement for Right of
Entry and Indemnification
Page 2
Agency of the City of Palm Springs v. Cohen, Riverside County
Superior Court Case No. Indio 64808 ("Eminent Domain
Action") .
D. As part of the Eminent Domain Action, on or about
, 1991, the Agency secured an Order for Prejudgment
Possession, entitling the Agency to take possession of the
Acquisition Parcel on or about November 12, 1991. Agency has
taken possession of the Acquisition Parcel pursuant to this
Order, and is currently in possession.
E. As part of the Eminent Domain Action, the owner
of the Acquisition Parcel has raised certain affirmative
defenses, challenging the Agency's right to exercise powers
of eminent domain over the Acquisition Parcel.
F. Because of construction schedules for the
Developer's Hospital Expansion Project, Developer now wishes
Agency to grant it permission to enter onto the Acquisition
Parcel to demolish all existing structures thereon, and
otherwise prepare the Acquisition Parcel for construction and
integration into the Hospital Expansion Project.
NOW, THEREFORE, and in consideration of the mutual
covenants hereinafter contained, it is mutually agreed by the
parties as follows:
Section 1.
Agency shall allow Developer a Right of Entry onto the
Acquisition Parcel, for the purposes of conducting tests,
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Agreement for Right of
Entry and Indemnification
Page 3
examinations, site preparation, demolition, salvage,
construction, or any other work necessary or beneficial for
incorporating the Acquisition Parcel into Developer's
Hospital Expansion Project.
Section 2 .
Prior to performing any activity on the Acquisition
Parcel, Developer shall provide written notice to the Agency
detailing the type of activity to be conducted, the dates and
times of such activities, and any other information relating
to the activity the Agency may require.
Section 3 .
Developer expressly acknowledges that any and all of
its activities on the Acquisition Parcel prior to the entry
of a final order of condemnation in the Eminent Domain Action
exposes the Agency to risk of damages, under Code of Civil
Procedure Sections 1245. 060, 1268. 620, and other applicable
provisions of law. Developer agrees to indemnify and hold
harmless the Agency, its employees, agents, and officers for
any damages awarded to any party against the Agency based in
whole or in part on any activities Developer may undertake or
has undertaken on the Acquisition Parcel. Said
indemnification shall include indemnification of the cost of
the Agency's legal defense against any claim for such
damages, including but not limited to attorneys' fees and
expert witness fees. The Agency shall nonetheless have
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Agreement for Right of
Entry and Indemnification
Page 4
exclusive control over its defense against any claim for such
damages, including but not limited to the right to designate
counsel.
IN WITNESS WHEREOF, the parties have executed this
Amendment as of the first day written above.
AGENCY
REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS
By
Sonny Bono
Chairperson
ATTEST:
�
BY
Agenc/i Secretary •, -
APPROVED AS TO FORM: �3y ,,;,;;.'a;,yti° k'n° Yr[" ✓ d_ f'��
RUTAN & TUCKER
B �✓' T ✓ //Y �i
David A leshire
Agency Counsel
DEVELOPER
DESEW HOSPITAL CORPORATION
By
Pe er D. BfrcAnann
Chief Fina ci 1 Officer
Agreement for Right of
Entry and Indemnification
Page 5
APPROVED AS TO F RM�0�
MICHAEL A PELHw
GENE{AL COUNSEL
8/159/014084-0039/014
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1 EXHIBIT
2 LEGAL DESCRIPTION
3
The West 25 feet of Lot 24, and Lot Nos. 25,
4 26, and 27 of the John Mel Tract, as
recorded in Map Book 13, page 18, Riverside
5 County Records .
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7
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