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Home My WebLink About00084C - NORTH PLAZA SOUTH PLAZA BELARDO ANDREAS VACATION North Plaza & South Plaza • • Assoc - agr & auth to enter AGREEMENT AND AUTHORIZATION TO ENTER UPON LAlup'a land,using Andreas as strt AGREEMENT # 84, 4-12-84 RES 213, 4-4-84 THIS AGREEMENT AND AUTHORIZATION TO ENTER UPON LAND (herein "this _Agreement") is entered into this / day of 1984, by and between the COMMUNITY REDEVELOPMENT OF THE CITY OF PALM SPRINGS (herein the "Agency") and NORTH PLAZA ASSOCIATES AND SOUTH PLAZA ASSOCIATES (herein the "Participant"). Recitals A. The Agency and the Participant have entered into a Participation Agreement, dated November 8, 1983, as modi- fied by a First Implementation Agreement, dated February 28, 1984, (herein collectively referred to as the "Partici- pation Agreement") , pursuant to which the Participant has agreed to purchase and develop certain real . property (the "Sales Property" ) together with property already owned by the Participant (the "Participating Property") . The Sales Property and the Participating Property comprise the "Site. " B. Pursuant to the Participation Agreement, within the time set forth in the Schedule of Performance (Attach- ment No. 3 of the Participation Agreement) , the City is required to complete the vacation and abandonment of such portions of Andreas and Belardo Roads as are required in order to permit development of the Site. C. Upon the close of escrow for conveyance of the Sales Property to the Participant, the parties desire that proceedings for the vacation and abandonment of those por- tions of Andreas and Belardo Roads be completed and that title thereto vest in the Participant. The parties further desire that the vacated and abandoned portion of Andreas Road (herein referred to as the "Property") remain tempo- rarily open to vehicular and pedestrian traffic pursuant to this Agreement. D. The Agency and the Participant desire to enter into this Agreement to provide for the temporary use of the Property and to set forth the Agency' s responsibilities in connection therewith. Agreements NOW, THEREFORE, THE AGENCY AND THE PARTICIPANT HEREBY AGREE AS FOLLOWS: Section 1. Upon completion of the proceedings for the vacation and abandonment of the Property and the vesting of title thereto in the Participant, the Participant hereby - authorizes the Agency to enter upon the Property, subject to the terms hereof, to permit the temporary use of the Property for vehicular and pedestrian traffic. Nothing herein shall create or be construed as creating any dedica- tion of the Property for public use or otherwise creating any rights in the public or any other party to use said Property. Section 2. The Agency hereby assumes all responsi- bility and liability with respect to, and agrees to maintain at its expense, the Property until termination of this Agreement as set forth in Section 6 hereof. Section 3. The Agency hereby agrees to indemnify the Participant and hold it harmless from and against any and all liability, loss, damage, costs or expenses arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or to the property of any person which shall occur on or adja- cent to the Property as a result of the temporary use of the Property pursuant to this Agreement. The Agency shall not be responsible for (and such indemnity shall not apply to) any acts, errors or omissions of the Participant or its contractors, agents or employees. Section 4. The Participant reserves the right to enter upon the Property during the term of this Agreement to post notices and take other reasonable actions deemed necessary by the Participant (including temporary closure of the Property to vehicular and pedestrian traffic) for the purpose of establishing and maintaining the Partici- pant's sole and exclusive ownership of the Property free and clear of any rights of the public or others in and to the Property. Section 5. The Agency may cause the City of Palm Springs to undertake its obligations hereunder. Section 6. This Agreement shall terminate and be of no further force or effect on June 10, 1984, unless earlier terminated at the option of the Agency upon written notice thereof of the Participant. This Agreement may also be extended as mutually agreed upon in writing between the Agency and the Participant. -2- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written, which is the date of approval for execution by the Agency. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS By Chai n By "W-, Secr to y "AGENCY" NORTH PLAZA ASSOCIATES, a California general partnership By: Desert Fashion Plaza, Inc. general partner � � r By• sGl�dd'° A. W. Lilbrati , Vice President Byi�� e Lam° Art ur D. Wa4lyale, Jr. , Secretary SOUTH PLAZA ASSOCIATES, a California general partnership By: Desert Fashion Plaza, Inc. general partner By: oE� £ A A. W. L4'berati , V-c,Qe President By: P iC /Ns Arthu D. Wolfc jr. , Secretary . u.._ L S �fl clLo �..,�.✓u Wuw IY6��V4 n�� I1 X'�Mf.�*�+1?�`!: "PARTICIPANT" -3- STATE OF OHIO ) SS: COUNTY OF MAHONING) Before me, a Notary Public in and for said County and State aforesaid, personally appeared A. W. Liberati and Arthur D. Wolfcale, jr. , known to me to be the Vice President and Secretary, respectively, of DESERT FASHION PLAZA, INC. , the general partner of NORTH PLAZA ASSOCIATES, and they ack- nowledged that they, being thereunto duly authorized, signed the foregoing instrument and that the same is their free act and deed and the free act and deed of said corporation. IN TESTIMOJY WHEREOF, I have hereunto subscribed my name at Youngstown, Ohio, this /�/ day of April , 1984. A NOTARY Pl� LIC t)ENMSE A. YAVORSKY, 6lotary F;bP?o- _ Stale of G`ifio - My Commission Expires OC16Der ixp STATE OF OHIO ) SS: COUNTY OF MAHONING ) Before me, a Notary Public in and for said County and State aforesaid, personally appeared A. W. Liberati and Arthur D. Wolfcale, jr. , known to me to be the Vice President and Secretary, respectively, of DESERT FASHION PLAZA, INC. , the genral partner of SOUTH PLAZA ASSOCIATES, and they ack- nowledged that they, being thereunto duly authorized, signed the foregoing instrument ans that the same is their free act and deed and the free act and deed of said corporation. IN TESTIMOf�Y WHEREOF, I have hereunto subscribed my name at Youngstown, Ohio, this //'/— day of April , 1984. NOTARY PU LIC ;- — DE-ooNiCSE A. Pv94'c*r^a a .bii SS GJc of t_i u�lJ My Comruoissfom Expires C;inGer 'M/C T^:3