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HomeMy WebLinkAbout00082C - MDX LOTIONS POTIONS INDEMNITY AGR (NEVER EXECUTED) [ City of Palm Springs ] [040996] Tran [C ] * [ Records Management System ] [ ] [ ] Update [Action ] (Enter Y if you want to specify Action-Nbr) [ ] [Action ] [124-010-0015 ] * (Leave blank on ADD. ) [Category ] [COMMUNITY REDEVELOPMENT ] [Sub Category] [124-010 ] * Move fields to Index? (Y/N) [ [PA1B4-6 LAND ACQUISITION ] [Index ] [PA124-6 DFP TRANSAMERCIA INDEMN LOTIONS POTINS A82 R210 4-4-84 C] Date [04/04/19841 MO [ ] Res [210 ] Ord [ ] Vol [ 11 Pg [ 2651 Case # [ ] Deed [ ] Sec [ ] T [ ] R [ ] Agreements [00081C] [00082C] [02062 ] [02063 ] [Action ] same as [Index ] [ ] [R210 APPR INDEMNITY AGR (2) WITH TRANSAMERICA TITLE INS . IN LINE [W/PRESENTATION & REVIEW MADE AT APR 3 MEETING-BEN BLANK AGR 81; AND [MDX & LOTIONS AND POTIONS AGR 82 ; CITY AGR NUMBERS ASSIGNED BUT NO [SEPARATE DOCUMENTS; R15000 APPRV AGRS AND ASSUR CRA WILL PERFORM ITS [DUTIES [NO EXECUTED COPY EVER FILED WITH CITY CLERK. UNSIGNED COPY IN A81 & [A82 FOLDERS FOR INFO. Document Loc [ ] Name [ ] Author [ Locat Code [ ] Addl [Assoc Action] [Y] Locator Same as Key [ ] Obs [ Reten Dt [ ] Destr Dt [ ] Flm Dt [ ] Reel [ The entry is shown. IMDX and Lotions & Potions Indemnity Agrrw/Transamerica Title Ins for prop in PA#1B4 0 AGR #2063(City)AGR #82(CRA) ' . Res 15000/Res 210, 4-4-84 INDEMNITY AGREEMENT ORDER NO. 192302 This Agreement is made and entered into this day .of 1984 , by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a pub- lic entity (hereinafter referred to as "the AGENCY") , and TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation (hereinafter referred to as "TRANSAMERICA") . RECITALS A. On or about November 2 , 1983 , the AGENCY adopted its Resolution No. 166. A true and correct copy of that Resolution is attached hereto as Exhibit A to this Agree- ment; and, by this reference, the same is incorporated herein as though set forth in full. B. The real property that is a subject matter of this Agreement is situated in the City of Palm Springs, County of Riverside, State of California, and is more particularly described as follows: (See Exhibit B which is attached hereto, and by this reference; is incorporated hereat as though set forth in full. ) The above-described real property shall be hereinafter referred as "the property" . C. On or about November 4 , 1983 , the AGENCY filed actions .in eminent domain with respect to the property before the Superior Court for the County of Riverside under case numbers Indio 39588 , 39589 , and 39590; which shall be hereinafter referred to as "the condemnation actions" . D. As of the date of this Agreement, the following described events have occurred in connection' with the condemnation actions : (1) the AGENCY has made deposits with the Clerk of the Court: as probable just compensation for the taking of the property; and, (2) final orders of prejudgment possession have been entered with the Court in favor of the AGENCY; and, (3) stipulations have been entered into between' .the AGENCY and certain named defendants in the condemna- tion actions which have been filed with the Court and which provide in essence that the sole issue to be liti- gated in the condemnation actions is the matter of just compensation. E. The AGENCY intends to cause the property to be developed in accordance with the terms and provisions of that certain "Participation Agreement" between the AGENCY and North Plaza Associates and South Plaza Associ- ates, as modified, dated the 8th day of Novemher 1983. F. The AGENCY and the Participant under the "Parti- cipation Agreement" referred to in paragraph E, supra, have requested that TRANSAMERICA issue various policies of title insurance in connection with the redevelopment project which is referred to in Exhibit A to this Agree- ment which do not except or exclude from the insurance coverage provided thereunder the matters referred to in Exhibit C to this Agreement; or which disclose therein the matters referred to in Exhibit C to this Agreement, but which provide affirmative insurance with respect to said matters by means of an appropriate indorsement or appropriate indorsements to such policies . COVENANTS NOW, THEREFORE, in consideration of the issuance by TRANSAMERICA of its policy or policies of title insurance in the manner referred to in paragraph F of this Agree- ment, and also in consideration of the issuance of any other policies of title insurance and/or indorsements thereto which TRANSAMERICA may be called upon to issue on the title to the property in the manner referred to in paragraph F of this Agreement, and for other valuable consideration, receipt of which is hereby acknowledged, the parties hereto do hereby agree, covenant, and promise as follows: 1. The AGENCY shall, without limitation, hold and save TRANSAMERICA harmless from and against any and all I damages, or liability therefor, loss, costs, attorneys ' fees and/or expenses of whatsoever kind or character [including any costs, charges , attorneys ' f-es or other expenses which may arise or be incurred in connection with the enforcement of this Agreement] which TRANSAMERICA shall or may at any time, suffer, sustain, or incur, by reason of or in consequence of having issued a policy of title insurance or policies of title insurance in the manner described in paragraph F of this Agreement. 2. The AGENCY shall not abandon the condemnation actions, or either of them. , 3 . The AGENCY shall satsify all conditions precedent to the granting of final judgments of condemnation which may be imposed upon the AGENCY by operation of law or equity including, but not limited thereto, the possibility that the Court may require additional deposits of money concerning the probable just compensation that may be awarded in the condemnation actions. 4 . The AGENCY shall undertake all action available to it to cause, in good faith, final judgments of condemnation to be entered in the condemnation actions. 5 . Upon entry of a final judgment of condemnation in any of the condemnation actions, the AGENCY shall execute any documents that may then be necessary to perfect the title or interests insured under a policy of title insur- ance or policies of title insurance in the manner described in paragraph F of this Agreement. 6 . TRANSAMERICA may disclose to any prospective insured the basis for and the contents of this Agreement. If any prospective insured objects to the issuance of a policy of title insurance to it in the manner described in paragraph F of this Agreement, TRANSAMERICA shall not be under any obligation to issue the policy as requested by the AGENCY, or its successors or assigns, and TRANSAMERICA shall not have any liability to the AGENCY, its successors or assigns, by reason of the requested policy of title insurance not being issued for the reasons set forth in this paragraph. 7. Whenever the context of this Agreement so requires, the singular shall include the plural. - 8 : This Agreement is entered into within the State of California and the same shall be governed and construed by the laws of. that State. 9 . This Agreement may only be modified by a writing executed by the parties hereto. 10. Any notices required by this Agreement shall be directed to the parties hereto as follows: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS Post Office Box 1786 Palm Springs, California 92263-1786 Attn. : Kenneth E. Feenstra Redevelopment Director TRANSAMERICA TITLE INSURANCE COMPANY 888 North Main Street, Suite 900 Santa Ana, California 92701 Attn. : Southwest Division Manager. 11. In the event that any provision of this Agreement is deemed to be unenforceable by a final judgment of a court of competent jurisdiction, any such adjudication shall not render the remaining provisions of this Agree- ment unenforceable or null or void. 12. This Agreement shall inure to the benefit of and be binding upon the successors or assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above-written. COMMUNITY REDEVELOPMENT AGENCY TRANSAMERICA TITLE OF THE CITY OF PALM SPRINGS INSURANCE COMPANY BY: By: Chairman Vice President By: By; Assistant Secretary Vice President By appropriate resolution of its City Council , the City of Palm Springs hereby approves this Agreement and also hereby assures the faithful performance thereof on the part of the Community Redevelopment Agency of the City of Palm Springs. THE CITY OF PALM SPRINGS By:_ Attest:­City City Clerk By: ADOPTED this 2nd day of November 1983. AYES : Members Foster, Maryanov, Smith & Chairman Bogert NOES : None ABSENT: None ABSTAIN : Member Doyle ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF� THE CITY OF PALM SPRINGS, CAL1rF-ORNI ,,,,. st, Secretary Chairman - y— REVIEWED & APPROVED . I , Judith Sumich, Assistant Secretary of the Community Redevelopment Agency of the City of Palm Springs , do hereby certify that the, foregoing resolution is a true and correct copy of Resolution No. 166, passed and adopted by the Community Redevelopment Agency of the City of Palm Springs at its regular meeting held on the 2nd day of November, 1983. . Dated: November h, 1983 ssistant Secretary EXHIBIT A PAGE 2 OF' q PAGES JI . I m — x - - _ � yy J/ �- S - Itill I � ININ IN IU _ � � I � J � Ja rye C/ dal WI hp OIO I � IV OI a. dI W N I � Ol 1 F ! ©I ��, I I �t•I 'r I I J I �6 O I I I I � I I � I I I I I IV Y -2 / ! 1 I - /Y V/� /Y V ✓ iu,6i sa�oa iv' /1' � - I 3 T'SSI .os wI Sd SFr ; fol/ 01 °) JS SS s' Jtl •�I Itf -0IWINI \ I eJ NINIti ' , , I, � I � , J � INI ; I �ibIC1IVII � � I -0IW NI O SE aIW N � Iplm m y m cn alp+ i I OI I [ � 0 1 I n _ f I rWo I W I•sc !7d KJ ° , I I z0 * I� I i sc ? 00•G6 . � v I m v o � ro _ � I a u I � �!� 7Y e!'O 16 0 r0 r3\l O I O a S F / 10 7 11'ioC Imo. . I, I, Vry GG-d� �` La •f c oiJ c} I c7 �I O •j/I Y {BOO /Y V161/Y / I *J AMAOO ROAD. 513-093-002 513-093-003 PROPOSED I ? o FASHION PLAZA EXPANSION PARCEL TO BE ACQUIRED I :-iifpC4_�;ii;:: J Q, a raONhast~t, cac,L F ccaURra % cl —7 c �. `v f o �51.3-093. 010 to 015 } rak 4a a PARKING .J SIC`SGx� ❑ A-IVOREA6 ROAD / 111 1�.� .'{' • ^' '' _ J > II SCULPTURE ���, E- 0=SER1' MUSE 1M O A R D E N 0 I l 1) FASHION PLAZA : 0 .a m F 1 = i PARKING t -rAH[3L11T'x • lcC;ALLLIM WAY � Q �( ❑ J ❑ J D' 7 r( T J Q w EXHIBIT A 1 G ITY OF PALM SPRINGS APPROVED BY PLAN. COMM, DATE LICANT E . J. DeBartolo & Desert Fashion _ APPROVED BY COUNCIL DATE ARKS _S Plaza ORD. NO. RESOL. NO. r EXHIBIT A PAGE 4 OF 4 PACES PARCEL 1: LOTS 15 , 16, 17 AND 19 AND THE NORTHERLY RECTANGULAR 3 FEET OF LOT 19 IN BLOCK 22 OF PALM SPRINGS, AS SHOWN BY MAP ON FILE IN BOOK 9 PAGE 432 OF MAPS , RECORDS OF SAN DIEGO COUNTY, CALIFORNIA . PARCEL 2: THAT PORTION OF BLOCK 22 OF PALM SPRINGS, AS SHOWN BY MAP ON FILE IN BOOK 9 PAGE 432 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF MAIN STREET , AS SHOWN ON SAID MAP, 754 FEET NORTH OF THE NORTH LINE OF SPRINGS STREET; THENCE WEST, PARALLEL WITH TIIE NORTH LINE OF SPRING STREET, 125 FEET ; THENCE NORTH PARALLEL V7ITH THE WEST LINE OF MAIN STREET, 47 FEET; THENCE EAST, PARALLEL WITH THE NORTH LINE OF SPRI14G STREET, 125 FEET TO THE WEST LINE OF MAIN STREET; -THENCE SOUTH, ALONG THE WEST L114E OF MAIN STREET, 47 FEET TO THE POINT OF BEGINNING; THAT 'PORTION OF PALM AVENUE AND OF BLOCK 22 OF PALM SPRINGS, AS SHOWN BY MAP ON FT'LF IN BOOK 9 PAGE 432 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: C011ME14CING AT A POINT ON THE WEST LINE OF MAIN STREET, AS SHOWN ON SAID MAP, 754 FEET NORTH OF THE NORTH LINE OF SPRING STREET ; THENCE WEST, PARALLEL WITH THE . NORTH LINE OF SPRING STREET, 125 FEET TO THE TRUE POINT OF BEGINNING ; THENCE NORTH, PARALLEL WITH THE WEST LINE OF MAIN STREET, 47 FEET; THENCE WEST, PARALLEL WITH TIIE . NORTH LINE OF SPRING STREET, 165 FEET; THENCE SOUTH, PARALLEL WITH THE WEST LINE OF MAIN STREET, 47 FEET; THENCE EAST, PARALLEL WITH THE . NORTH LINE OF SPRING STREET, 165 FEET TO THE TRUE POINT OF SGINNING. EXHIBIT B PAGE 1 OF 4 PAGES r PARCEL 3 : THAT 'PORTION OF LOTS 21 , 22 , 23 AND 24 IN BLOCK 22 OF PALM SPRINGS, AS SHOWN BY MAP ON FILE IN BOOK 9 PAGE 432 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGI^TNING AT A POINT ON THE WEST LINE OF MAIN STREET , AS SHOWN ON SAID MAP, 675 FEET, NORTH OF THE NORTHERLY LINE OF SPRING STREET ; THENCE WEST, PARALLEL WITH THE NORTH LINE OF SPRINGS STREET, 55 FEET; THFIICE NORTH , PARALLEL WITH THE WEST LINE OF MAIN STREET, 33 FEETT THENCE WEST, PARALLEL WITH THE NORTH LINE OF SPRING STREET, 9 FEET; THENCE NORTH, PARALLEL WITH THE WEST LSNE OF MAIN STREET, 46 FEET ; THENCE EAST, PARALLEL WITH THE NORTH LINE OF SPRING STREET, 67 FEET; ,THENCE SOUTH , ALONG THE WEST LINE OF MAIN STREET, 79 FEET, TO TEE POINT OF BEGINNING. PARCEL 4 : THOSE PORTIONS OF LAWN STRET , AS VACATED BY RESOLUTION OF THE BOARD OF SUPERVISORS OF RIVERSIDE COUNTY ON OCTOBER 11 , 191.6 A CERTIFIED COPY OF SAID RESOLUTION BEING FILED FOR RECORD OCTOBER 17, 1916 IN BOOK 451 PAGE 197 OF DEEDS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AND THAT PORTION OF LOT 1 IN BLOCK 21 AND THOSE PORTIONS OF LOTS 21, 22, 23, 24 AND 25 IN BLOCK 22 OF PALM SPRINGS , ALL AS SHOWN BY MAP ON FILE IN BOOK' 9 PAGE 432 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS : BEGINNING AT A POINT I17 THE WEST LINE OF MAIN STREET .(NOW PALM CA14YON DRIVE) 599 FEET NORTH FROM TEE NORTH LINE OF SPRING STREET ( ITOW TAHQUIT7. DRIVE ) ; THENCE WEST PARALLEL WITH THE NORTH LINE OF SPRING STREET, 150 .5 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF MAIN STREET, 155 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SPRING STREET, 150.5 FEET TO THE WEST LINE OF MAIN STREET; THENCE SOUTH ON THE WEST LINE OF MAIN STREET 1.55 FEET TO THE POINT OF BEGINNING ; EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION; EXHIBIT B PAGE 2 OF 4 PAGES (' r BEGINNING AT A POINT 014 THE WEST LINE OF MAINT STREET 675 . FEET NORTH OF THE NORTH LINE OF SPRING STREET ; THENCE WEST PARALLEL WITH THE NORTH LINE OF SPRING STREET 55 FEET;' THENCE NORTH PARALLEL WITH THE WEST LINE OF MAIN STREET, 33 FFPT ; THENCE WEST PARALLEL WITH THE NORTH LINE OF SPRING STREET, 8 FEET ; THENCE NORTH PARALLEL WITH THE WEST 'LINE OF MAIN STREET 46 FEET ; THENCE EAST PARALLEL WITH THE NORTH LINE OF SPRING STREET 63 FEET TO THE WEST LINE OF MAIN STREET; THENCE SOUTH ON THE WEST LINE OF MAIN STREET, 79 FEET TO THE POINT OF BEGINNING. PARCEL 5 • TIIAT PORTION OF' LAWN STREET, PALM AVENUE, AND OF BLOCK 22 OF PALM SPRINGS, AS SHOWN BY 14AP ON PILE IN BOOK 9 PAGE 432 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA , DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WESTERLY LINE OF MAIN STREET, AS SHOWN ON SAID MAP, 604 FEET NORTHERLY OF THE NORTHELRY LINE OF SPRING STREET; THENCE WESTERLY, PARALLEL WITII THE NORTHERLY LINE OF SPRING STREET, 130. 5 FEET, TO THE TRUE POINT OF BEGINNING; THENCE WESTERLY, PARALLEL WITH THE NORTHERLY LINE OF ,SPRING STREET, 140 FEET; THENCE NORTHERLY, PARALLEL WITH THE WESTERLY LINE OF MAIN STREET, 150 FEET; THENCE EASTERLY, PARALLEL WITH THE NORTHERLY LINE OF SPRING STREET, 140 FEET: THENCE SOUTHERLY, PARALLEL WITH THE WESTERLY LIEN OF MAIN STREET, 130 FEET, TO THE TRUE POINT OF BEGINNING ; EXCEPTING THEREFROM TIIAT PORTION CONVEYED TO THE CITY OF PALM SPRINGS, BY GRANT DEED RECORDED NOVEMBER 20, 1968 AS INSTRUMENT . NO. 111594 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 6• LOT 25 , 26, 27 AND 29 OF BLOCK 22 OF PALM SPRINGS, AS SHOWN BY MAP ON FILE IN 1300K 9 PAGES 432 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; EXCEPTING FROM SAID LOTS 25 , 26 AND 27 THE SOUTHERLY 147 FEET ; EXHIBIT B PAGE 3 OF 4 PAGES ALSO EXCEPTING FROM SAID LOT 28, THE NORTHERLY 33 FEET,- ALSO, THAT VACATED PORTION OF PALM AVENUE, AS SHOWN BY MAP ON FILE IN BOOK 9 PAGE 432 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: THE EAST HALF OF THAT PORTION OF SAID VACATED STREET, LYING SOUTHERLY OF THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID LOT 27 , AS SHOWN ON SAID MAP, AND NORTHERLY OF THE WESTERLY PROLONGATION OF THE NORTH LINE OF THE SOUTHERLY 147 FEET OF SAID LOT 27. PARCEL 7 : LOT 4 , BLOCK 22 , OF PALM SPRINGS, AS SHOWN BY MAP ON FILE IN BOOK 9 , PAGE 432 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. 'PARCEL 8 : LOT 5, BLOCK 22, OF PALM SPRINGS, AS SHOWN BY MAP ON FILE IN BOOK 9 , PAGE 432 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. EXHIBIT B PAGE 4 OF 4 PAGES The matters referred to in Paragraph F of that certain Indemnity Agreement between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS and TRANSAMERICA TITLE INSURANCE, as approved and agreed to by THE CITY OF PALM SPRINGS, regarding TRANSAMERICA'S Title Order No. 192302 , are as follows: 1. That certain unrecorded lease between the trustees of the Zaddie R. Bunker Trust, as lessors, and Michael Callie, dba Laff Stop, as lessee. 2 . That certain unrecorded lease between Francis B. Strebe and Earle C. Strebe, as lessors, and TOHOP No. 1046, a California corporation, as lessee. 3 . That certain unrecorded lease between Earl C. Strebe and Geska Rae White, 'Trustees, as lessors, and International House of Pancakes, Inc. , as lessee. 4 . That certain unrecorded lease between the trustees of the Zaddie R. Bunker, Trust, as lessors, and C. B. ' s Fish Joint, Inc. , as lessee. 5. That certain unrecorded lease between Ben Blank and Ruth Blank as lessors and Lotions & Potions , Inc. , as lessee. 6. That certain unrecorded lease between the trustees of the 'Zaddie R. Bunker Trust, as Lessors, and Marcus Glaser and Marag Inc . , as lessees. 7 . That certain' unrecorded claim of lien interest of Techtonics, Inc. RESOLUTION NO. 210 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING INDEMNITY AGREEMENTS WITH TRANSAMERICA TITLE INSURANCE COMPANY. WHEREAS the Community Redevelopment Agency has entered into a Participation Agreement with the North Plaza Associates and South Plaza Associates (the Participant) , and WHEREAS this Agreement requires the Agency to convey fee simple title to certain parcels on Block 4 of the Central Business District, and WHEREAS in the absence of fee simple title the Agency is required to provide insurable title to the Participant, and WHEREAS to acquire such insurance the title company requires the Agency and the City to indemnify said title company from any liability arising from the inability of the Agency to acquire fee simple title, NOW THEREFORE BE IT RESOLVED, that the Community Redevelopment Agency of the City of Palm Springs hereby approves the Indemnity Agreements with Transamerica Title Insurance Co. for those properties and leasehold interests in Block 4 which cannot be conveyed by fee simple title to the Participant in escrow. ADOPTED this 4th day of April 1984. AYES: Members Foster, Maryanov, Smith and Chairman Bogert NOES: None ABSENT:None COMMUNITY REDEVELOPMENT AGENCY ATTEST: PALM SPRINGS, CALIFORNIA By Assistant Secretary Chairman REVIEWED & APPROVED: �/(�,