Loading...
HomeMy WebLinkAboutA4404 - WESSMAN 151 SPC ENCROACHMENT OOC a 2001—I043°.532 FREE RECORDING REQUESTED BY 11/02/2001 08:00A Fee:NC AND WHEN RECORDED MAIL TO: Page 1 of 10 Recorded in Official Records County of Riverside CITY OF PALM SPRINGS Gary L. Orso 3 Assessor, County Clerk 6 Recorder Springs,Palm California 92263-2793 Attn: City Clerk Engineering Division II II II III II III- III IIIII II IIII- II III M S U PAGE SIZE CA PCOR NOCOR SMF MISC p ki' 4 A R COPY LONG REFUND NCHG EXAM r � ENCROACHMENT LICENSE (ALL PROPERTIES OTHER THAN INDIVIDUAL RESIDENTIAL PROPERTIES) (' THIS ENCROACHMENT LICENSE (the "License") is entered into this 10th day of October, 2000, by and between John Wessman, ("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 151 Palm Canyon Drive South, (APN 513-143-013 thru 017) , 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 a fountain and art work which will encroach on the City property in the location depicted on Exhibit "B" attached hereto and incorporated herein by reference (the "Encroachment") . 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 : John Wessman Encroachment License 1 AGREEKENT 14404 R20187, 10-3-01 i � i 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. 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) 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, 2 IIIIII IIIIII I III II I II I I I II II I I II 11 F'12'f IF,,`o©r, 3,� 3 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; (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 3 III II II II IIIII IIII II IIII II III I1F"F' F¢ Ei�2,f,R 3A 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. 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 . 4 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11 ElE.T;4 0- R 340 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 : 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 and Sorenson 18301 Von Harman Ave,m Ste. 1050 Irvine, CA 9212-1009 Attn: David J. Aleshire, Esq. Licensee: John Wessman C/O Wessman Development Company 1555 South Palm Canyon Drive Palm Springs, CA 92264 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. 5 I IIIIII IIIIII IIIIII IIII IIIIII III IIIIIII III IIIII IIil llll 11 A2"2001 no`OOH 30# 4 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 henefitted 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. 6 " IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1L[2 nF Ae 10FOR 347 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above . LICENSEE" John Wessman It President (Licensee shall have signature notarized) ATTEST: CITY OF PALM SPRINGS, / a municipal corporationBY: � � 4 _ . .�r"Yy,✓ ✓r/ 7: L� By: f,Ja City erk e1� � City Ma ager APPROVED AS TO —FORM: nR u#@-Fi���mrcrc. City—Likorney APPROVED BY CITY COUNCIL : By: Its : Resolution No. : cfj�j ,d4/0�� IIIIIII IIIIII IIIIII IIII IIIIII III IIIIIII(IIIIIII IIII IIII 1 .�lFa1,'e f,C10 A7R STATE OF CALIFORNIA) SS . COUNTY OF RIVERSIDE) z On /l�-/ �7-D () before me, !U�-%'�'�✓�• ,G. �tEdEr�ioal.r� r1 �+ v�� �� ��� Date Notary Public, personally appeared personally known to me 8R 0 p> oedt7to_ e-on-the-.b.asrs of sati sfac-to-r• ,ide �e-to-be the person (X whose name ((/e) Cs)/are subscribed to the within_instrument and acknowledged to me t�hat she/they executed the same in his/her/their authorized capacity{-ies+ , and that by(li�.a�`/her/their signature(8) on the instrument the person (r ) , or the entity upon behalf of which the person (wj ELIAINEL.WEDEKIND� acted, executed the instrument . COMM.#1206984 .� NOTARY PUBLI0-CALIFORNIA0 WITNESS my hand and official seal . RIVERSIDE COUNTY COMM.EXP.FEB.3,2003 ' C �C' NOTARY' S SIGNATURE (SEAL) 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 (s) whose name (s) 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 . WITNESS my hand and official seal . NOTARY' S SIGNATURE (SEAL) EXHIBIT "A" DESCRIPTION OF LICENSEE PROPERTY Parcel 2 as shown by Parcel Map No . 27774 on file in Book 190, Page 57 and 58 of Parcel Maps, records of Riverside County, California. I IIIII II II IIIIII IIII IIIIII III IIIIIII III IIIII IIII IIII 1ll[6F'�f�E 1�[18�r"iEaH EXHIBIT "B" DEPICTION OF CITY PROPERTY AND ENCROACHMENT La I, 1 - - 1 1 _ •iTi.: C��iJ �I:"i. ski ---- ax I.-OALM CANYON DRIVE 0 3 ! 6 IIII IIIII IIIIIIIIIII IIII II III I II t1 EFa" 0110 3,, C