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HomeMy WebLinkAbout00037C - LAS CASUELAS TERRAZA DELGADO 344916 FREE RECORDING REQUESTED BY AND RECEIVED FOR RECORD WHEN RECORDED MAIL TO: AT 8:00 O'CLOCK THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS SEP c.)2 097 3200 E. Tahquitz Canyon Way Y00 ,1/� 970 Palm Springs, CA 92262 orded in offwl Records dRve«me coup caPlnmla Attn: T�qr4: garner 1 Recorder Fees$ TERMINATION OF LICENSE �r Jtti€ N0THIS TE NATION OF LICENSE ( "Agreement" ) is made as of this day of 1997, between THE COMMUNITY REDEVELOPMENT AGENCY OF THE6CITY OF PALM SPRINGS ( "Licensor" ) and MARY T. DELGADO and WELLS FARGO BANK, N.A. , as Co-Trustees of the Florencio H. Delgado and Mary T. Delgado Revocable Inter Vivos Trust UTD June 26 , 1990 ( "Licensee" ) . ti R E C I T A L S : s� A. Licensor and Florencio Delgado ( "Delgado" ) entered into that certain License dated July 28 , 1982 , as amended by that certain Amended License dated October 3 , 1985 (together, the "License") pursuant to which Licensor gave Delgado the right to construct, maintain, use, and repair a portion of a trash container located within the westerly three and one-half (3 . 5) feet of that certain real property owned by Licensor described as the east fifty (50) feet of Lots 4 and 5 in Block 28 of Palm Springs Tract, beginning at a point approximately seventeen (17) feet from the south property line and extending northerly forty (40) feet ( "License Area" ) . B. Licensee is Delgado' s successor-in-interest to the subject property and under the License. C. Licensor and Licensee desire to terminate the License as of the "Termination Date" defined .in Paragraph 1 of this Agreement, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, Licensor and Licensee agree as follows : 1. Termination of License . Licensee' s rights to possession of the License Area shall absolutely terminate as of SeAJ `az 1997 (the "Termination Date" ) . The License shall be terminated and 053/014084-0006/2172916.6 .06/17/97 • 344916 cancelled and the term thereof brought to an end as of the Termination Date, with the same force and effect as if the term of the License was, by its own terms, fixed to expire on the Termination Date and not as provided in the License. 2 . Time is of the Essence. Time is hereby expressly made of the essence in this Agreement and each and every term and condition contained in this Agreement . 3 . Integration. This Agreement and other documents express- ly incorporated herein by reference contain the entire and exclu- sive understanding and agreement between the parties relating to the matters contemplated hereby and all prior or contemporaneous negotiations, agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect. 4 . Modifications . Any alteration, change or modification of or to this Agreement, in order to become effective, shall be in writing and executed on behalf of each party to this Agreement . 5 . Governincr Law. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement . 6 . Counterparts . This Agreement may be executed in counterparts which, when taken together, shall constitute one executed document as though all signatures appeared on one copy. IN WITNESS WHEREOF, the parties hereto have executed this Termination of Licensee as of the date first above written. THEICOITYPREDEVE AGENCY OF THES BY= ^E�un c ro .Secetrr+aq "Licensor" [Signatures continue on next page] 053/014084-0006/2172916.6 a06117/97 -2- �44916 OF CALIFORNIA ) ) ss . COUNTY OF ) On the da f 199Z, before me, the undersigned, a Notary P c, n and for said State and C unty personally appeared ally known to me (or proved to me on the bas ' of satisf evidence) n be the person who executed the withi rument as the Executive Director on behalf of THE CO R VELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, the icipal corpora n therein named, and acknowledged to mew at such corporation e uted the within instrument nait to its bylaws or a resolution its board of directors WITNESS my hand and official seal . (SEAL) Notary Public STATE OF CALIFORNIA ) COUNTY OF 1�1 dEeS(Qt6) ) ss. 11 -- On cQl 199-7 be fore me,TOnA L-_ I /A-P_D�UN , personall appeared personally known to me (ter a L r r; e` c..) to be the person(,s-) whose name O is/awe subscribed to the within instrument and acknowledged to me that he-/she/t41ey executed the same in his/her/the-iir- authorized capacity(i-es) , and that by hi-a/her/their signature ( on the instrument the person (s) or the entity upon behalf of which the person(2�) acted, executed the instrument . Witness my hand and official seal . [SEA .....`�= j Notary Pub is DONA LEE RICHARD1�COMM.i I02110NotO Y Public—Colfart>b ! RIVERSIDE COUNTY ,. MY COMM-E4*tr APR 29,19% 053/014084-0006/2172916.6 .06/17/97 -4- 0 0 34491G State of California SS . County of Riverside On � �yy� before me, ELAINE L. WED ND, Notary Public, per on lly appeared *** ROB W. PARKINS and J. SUMICH *** personally known to me to bet e persons w ose names are su scribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal . Notary Public ELAINE L WEDEKI' +`�� COMM,#IM,57 IL" r1✓'•= `z F�fF4., �-. Notary Public—California ,;.�,; RIVERSIDE COUNTY 47 My Comm.ExpL-Cs FEB 3,1999 • 344916 [Signatures continued from preceding page] Y T. CBLGADO, COLTRUSTEE, OF THE FLORENCIO H. DELGADO AND MARY T. DELGADO REVOCABLE INTER VIVOS TRUST UTD JUNE 26, 1990 WELLS FARGO BANK, N.A. , AS CO-TRUSTEE OF THE FLORENCIO H. DELGADO AND MARY T. DELGADO REVOCABLE INTER VIVOS TRUST UTD JUNE 26, 1990 By: Its: VI 251GQo,& "Licensee" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .144916 No State of California OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of Riverside Though statute does not require the Notary to fill In the data below, doing so may prove h-IO-ql Carol A, Moreno Norary Pvhlir invaluable to persons relying on the document On before me, INDIVIDUAL DATE NAME,TITLE OF OFFICER-E G.,"JANE DOE,NOTARY PUBLIC" m Tamy Fox CORPORATE OFFICER(S) personally appeared NAME(S)OF SIGNER(5) Apz¢�TITLE(S) ®personally known to me- OR- [] proved to me on the basis of satisfactory evidence ❑ PARTNER(S) LIMITED to be the person(*whose name( is/ere ❑ GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that 4e,she/fey executed ❑TRUSTEE(S) the same in W+ /her4l+_4r authorized ❑GUARDIAN/CONSERVATOR CAROL capacity4es�, and that by 4ks/herAhei C%f"f'f1 M r�r�� signature<on the instrument the person(8j ❑OTHER: NotayPll71C—CC�OIIIO tatw*Wcasily or the entity upon behalf of which the A YcONR EVIlmw I&M person(s) acted, executed the instrument. SIGNER IS REPRESENTING: WITNE S my hand and Official seal. NAMEOFPERSOI )ORENTI ES) 611 SIGNATU OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT ;r///.U/�'//DrU Dry ��Cy�+USE THE DOCUMENT DESCRIBED AT RIGHT: ,y'�(/G �6 NUMBER OF PAGES DATE OF DOCUMENT t1 7 Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form SIGNER(S)OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7 053/014094-0006/2172916.6 .06/17/97 -3- . AMENDMENT #1 to Las Casuelas Terraza license agr for use of add ' l 3. 5' x 20' AMENDED LICENSE AGR #37, 10-3-85 f Resolution 362, 10-2-85 This license, made and entered into this '� day o 1985, by and between the Community Redevelopment Agency of the City of Palm Springs, hereinafter called "Licensor", and Florencio Delgado, hereinafter called "Licensee", WITNESSTH: That Licensor, for valuable consideration and the faithful performance by Licensee of all the terms and covenants hereinafter set forth on its part to be performed, does hereby give to Licensee the right to construct, maintain, use, and repair a portion of a trash container, hereinafter referred to in whole or in part as "structure", at such location upon, across and over a portion of that certain real property owned by Licensor, situated in the County of Riverside, State of California ;. described as follows: The east fifty (50) feet of lots 4 and 5 in Block 28 of Palm Springs tract. The portion of the aforesaid lands subject to said license, is particularly described as follows: Within westerly three and one-half (3.5) feet of the above described property, beginning at a point approximately seventeen (17) feet from the south property line and extending northerly forty (40) feet. This license is given upon and subject to the following terms, covenants and conditions: 1. Licensee, his successors and assigns, and his and their respective agents and employees, shall have the right and duty to maintain said structure, and shall have free access to said structure and every part thereof, at all times, for purposes of exercising the rights herein granted. 2. Licensee' s rights hereunder shall be subject to all valid and existing easements, rights, leases, licenses, reservations and encumbrances whether of record or not affecting said property or any portion thereof. 3. Any structure placed pursuant to this license shall be constructed in a careful and workmanlike manner and to the satisfaction of Licensor and in accordance with plans and specifications to be submitted to and approved by the City of Palm Springs Building Division before work is commenced. 4. In the event the structure placed hereunder at any time interferes with or restricts the reasonable use of the property by Licensor, Licensee shall within sixty (60) days after written notice from Licensor so to do, remove, reconstruct, alter or make changes to said structure in a manner satisfactory to Licensor; however, if pursuant to this paragraph the structure is required by Licensor to be removed, the Licensor agrees to pay a pro rata share of the cost of the structure, based on a constant declining value over a 10 year period, of the verified cost of improvement. All of the terms and conditions of Agreement No. 37 shall remain in full force and effect. IN WITNESS WHEREOF, said Licensor and said Licensee have caused this instrument F to be executed in duplicate by their respective officers or party thereunto duly authorized as the day and year herein first above written. ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA i BY—' � As-sistant Secretary Chairm /, -'FL RENC10 D E LIGA UG Owner d „ 9Las Casuelas Terraza / A REVIEWED AND APPROVED * y [ 3a V AGM." er`.''A 1 REM 110. :,��� .v' 'y STATE OF CALIFORNIA ) (Individual Acknowledgment) y ss County of Riverside ) i a 27th September) 85 On this day of ,in the year 19 , before me,the under- ; u signed,a Notary Public in and for said County and State,personally appeared Florencio Delgado o +j w yzu personally known to me (or proved to me on the,basis of satisfactory evidence) to be the person c F-I whose name subscribed to this instrument and acknowledged that he ay S executed it. WITNESS rq ha and official seal. c, .-- / f a �• SLID w � Notary Public in and for said County and State. CD-15 0 GR 37 Florencio Delgado License Agr to erect trash container over Agency Property's for Las Casuelas Terraza Rest. Res 121, 7-28-82 LICENSE This license, made and entered into this day of 1982 by and between the Community Redevelopment Agen6y of TME CITY OF PALM SPRINGS, hereinafter called "Licensor" , and Florencio Delgado, hereinafter called "Licensee" , WITNESSETH: That Licensor, for valuable consideration and the faithful per- formance by Licensee of all the terms and covenants hereinafter set forth on its part to be performed, does hereby give to Licensee the right to construct, maintain , use , and repair a portion of a trash container, hereinafter referred to in whole or in part as "structure" , at such location upon, across and over a portion of that certain real property owned by Licensor, situated in the County of Riverside , State of California, described as follows : The east 50 feet of lots 4 and 5 in Block 28 of Palm Springs tract. The portion of the aforesaid lands subject to said license , is particularly described as follows : Within westerly three and one-half (3.5) feet of the above described property, beginning at a point approxi- mately seventeen (17) feet from the south property line and extending northerly twenty (20) feet. This license is given upon and subject to the following terms , covenants and conditions : 1 . Licensee , his successors and assigns , and his and their res- pective agents and employees , shall have the right and duty to maintain said structure , and shall have free access to said structure and every part thereof, at all times , for purposes of exercising the rights herein granted. 2. Licensee's rights hereunder shall be subject to all valid and existing easements , rights , leases , licenses , reservations and encumbrances whether of record or not affecting said property or any portion thereof. 3. Any structure placed pursuant to this license shall be con- structed in a careful and workmanlike manner and to the satisfaction of Licensor and in accordance with plans and specifications to be submitted to and approved by the City of Palm Springs Building Division before work is commenced. 4. In the event the structure placed hereunder at any time inter- feres with or restricts the reasonable use of the property by Licensor, Licensee shall within sixty (60) days after written notice from Licensor so to do, remove, reconstruct, alter or make changes to said structure in a manner satisfactory to licensor; however, if pursuant to this para- graph the structure is required by Licensor to be removed, the Licensor agrees to pay a pro rata share of the cost of the structure, based on a constant declining value over a 10 year period, of the verified cost of improvement. CRA 1 a 3 License Agreement • Page -2- CRA 1 a 4 5. The Licensee agrees to indemnify, hold harmless and defend the Licensor from liability arising from any action of the Licensee and from any liability arising from injuries or damage to person or property as a result of said structure's existence. The Licensee shall provide and keep in force during the time of this agreement a policy of public liability -insurance against liability for injuries to persons or property arising out of accidents attributable to the structure on City property, with limits of at least five-hundred thousand ($500,000) dollars for injury or death to any one person , one million ($1 ,000,000) .dollars for injury or death arising from any one accident or occurrence, and fifty-thousand ($50 ,000) dollars for property damage. The policy of insurance so provided shall contain a statement naming the Licensor as co-insured and shall contain a provision that such policy may not be cancelled except after thirty (30) days notice in writing given to the City Clerk of the City of Palm Springs. Copies of these policies or certificates evidencing the same shall be filed with the City Clerk of the City of Palm Springs , after approval of the City Attorney. 6. Except as provided in Paragraph 4. above , this license shall not be revoked so long as said structure pursuant hereto by Licensee is main- tained in a manner satisfactory to the Licensor and is used for the purposes of providing an enclosed trash area. However, should Licensee cease to use and maintain said structure for said purpose,, the Licensor or Licensee may, by giving written notice to such effect to the other in the manner as provided herein , cancel this license and Licensee shall within sixty (60) days after receipt of said notice remove said structure at his sole expense and restore the ground to as near its original condition and appearance as practicable within said period of sixty (60) days. In addition , should Licensee at any time fail to comply with any provision of this license, Licensor may revoke this license and give written notice thereof, and Licensee shall within said sixty (60) day period remove the structure and restore the ground as aforesaid. 7. Licensee agrees that he will not record this license. 3. The notices provided in this license given by either party hereto to the other shall be deemed to have been duly given when made in writing and deposited in the United States mail , registered and postage prepaid, addressed as follows : To Licensor The Community Redevelopment Agency of The City of Palm Springs 3200 Tahquitz-McCallum Way Palm Springs , California 92262 Attention : Redevelopment Director To Licensee Florencio Delgado 222 S. Palm Canyon Drive Palm Springs , California 92262 Except as herein otherwise provided, the provisions of this license agreement, shall inure to the benefit of and be binding upon the parties hereto, their successors or assigns. L1cense Ireement Page -3•- IN ;MESS WHEREOF , said Licensor and said Licensee have caused this in, trument to be executed in & ilicate by their respective officers or part,, thereunto duly authorized ,v, the day and year herein first above written, ATTEST CITY OF�/PA/J.n1 SPRINGS, CALI MITA By—Z_ , d, /'", -ity Clerk City Manager 124( Florencio De1gad'o, Owner .Las Casuelas Terraza REVIEWED & APPROVED -< ��'_� _ n ' 1 . F�`L l II i ; n �u�o -� 199U DATE(MAPUDD Y) PRODUCER - - -- -- 11-21-85 VS"' Lr,t C ' Y fS[ u'J'Ff.r d frE, , ri LpEiU,C ' t-C C9QJ C UC G vP UV ✓° p CV C !4 v El I _ Lo'"�D 0:::_ ..P twd N :u!9C eV,_ r�-f� V L"G''.GE Cr.' a i_ 9„ef °'E�nly GREAT REPUBLIC -- - INDUSTRIAL INDEMNITY I _ COMPANY INSURED --� LETTER FREMONT INDEMNITY LAS CASUELAS TERRAZA, INC. cooaPA,lvv 368 N. PALM CANYON DRIVE LETTER PALM SPRINGS, CALIF, 92262 comPA.Nv ----- LETTER COMPANY LETTER 9 fF U L! - 7 a C G uJ J-'VI Oui Cdu co ° CI] ) vd Clu v0 . N, P I'+ ,( x J BEd V .! L sx '_J� C !1 r a u Kli7J L!...,61 V u u NoF.4_ a E_:_ ,„ DATEIMI ° COI TYPE 01INSUF INSURANCE P� POIJCY EFFECTIVE � POLICY EXPIRATION LI EALIT( LIMITS 1 uC1 f 61 �LIH POLICY NUMBER 0/OD!VY) DATE(MMIDC/yY) -'� CACE -- OCCURPLNCE AC6Df GFlic �A X COMPREHENSIVE FORM 3-29-85 3-2 90DILY °�wu' PREILIISES/OPERA I IONS UNDERGROUND PREFERiI _ F7(PLOSION .COLLAPSE HAZARD DAMAGE P o 1 X PRODUCIS/COIUIPLEIE➢OPERATIONS cOnlTRacrunL COM6MED 9; 500, 500, INDEPENDENT CONTRACTORS X BROAD FORM PROPERTY DAMAGE - X PERSONAL INJURI' PERSONAL Ih!JUFIY yy 500' :...+d ._V:.IL9j9 f ROCILY A _ ANY AUTO IFJU ER PEAsofq ALL OWNED AUTOS (PRIV PASS) BODILY ALL OED AUTOS(OTHER THAN) NJU WN AY ��• PRIV PASS / (Prla ACCIDENT) a, X HIRED AUTOS X NON-OWNED AUTOS FR0PEH1; i DAMAGE GARAGE LIABILITY a EI e 500 , _ - - COCOMBINEDBIDINED .a L L:: LLEEALIva U A UMBRELLA FORM 202 10707J - — �n J G9—ZJJ 3-29 6V "."IE01ED �x -.], VV OVV-- I E OTHER IHAN UMBRELLA FORM l^'4079['ERC' D'O!'LVF..'u-A',a,V'K''E] srnTDTORY �P9fU (EACH ACCIDENT) CIL90LCD°,',�;15 LiACVL9Tv �a5 (DISEASE-POLICY IJMIT) (DISEASE CACI I EMPLOYEE) DESCRIPTION OF OPERATIONS/LOCAIIOM1I�NEEIICLLS/SPECL41_IIcMS CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED AS RESPECTS TO TRASH li STRUCTURE LOCATED AT 222 S. Palm Canyon Drive, Palm Springs, California - lk�',L - CITY OF PALM SPRINGS 'VAEO DEC:U-J o L, 2 ,'rh.l,�. REDEVELOPMENT AGENCY j PER `� 10DL9 ",It ,-N!B')11 �HE l�n `ol e clo!y� a �. �c�^ J+,���;�,ir. P.O. BOX 178E ei ,uL �r. �0-_6 [7"Kb PALM SPRINGS, CALIFORNIA 92263 - O V°1% " `°" aUTNORI-1 -VEPNE ENIP+'14