HomeMy WebLinkAboutA4080 - RICCIO ENCROACHMENT 491-495 NPC 152994 - -
RECEIVED FOR RECORD
AT 8:OOAM O'CLOCK
FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF PALM SPRINGS APR 12 1999
P.O. Box 2743
Palm Springs, California 92263-2743 Riccio, Richard, etcl - ftw MOUMN
Attn: City Clerk Encr at 491-495 N. Plm Cnyn bids
Engineering Division AGREEMENT #4080
R19480, 3-19-99 'use y
ENCROACHMENT LICENSE
(ALL PROPERTIES OTHER THAN INDIVIDUAL RESIDENTIAL PROPERTIES)
THIS ENCROACHMENT LICENSE (the "License") is entered into
this 8th day of January, 1999, by and between Richard J. Riccio,
Richard A. Riccio, Daniel B. and Patricia Riccio, and Robert J.
Riccio ("Licensees") 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 491 Palm Canyon Drive North, Palm
Springs, CA 92262, (APN 513-082-026) 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 stairway on the Alejo
Road frontage, 2 feet of 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 :
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
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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, 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 .
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132,994
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 co-istitute
covenants running with the land and equitable servitudes; (c) will
bind Licensee and every person having any fee, leasehold cr 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 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
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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 .
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:
With Copy to: Rutan & Tucker
Post Office Box 1950
Costa Mesa, CA 92628-1950
Attn: David J. Aleshire, Esq.
Licensee : Richard J. Riccio Etal
781 N. Via Monte Vista
Palm Springs, CA 92262
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 .
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 .
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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 benefitted 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 .
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date first set forth above.
"LICE SEES" ,Q� p�
By:/ ��''� °f'\1 U 661
(Richard A. Riccio
Daniel B. -Riccio
' Patricia Riccio
A ���J
Rol ert y ' Ri / io
Richard J Y `5iccio
(Licensee shall have signature notarized)
ATTEST: CITY OF PALM SPRINGS,
/ a icipal corpo ion
By: ( -Nw--C --v".,_ By:
6-rEy Clerk Cit Manager
APPROVED AS TO FORM:
Rutan & Tucker
V�V
Cite[ ttorney
APPROVED BY CITY COUNCIL:
By: 2r 9,FcP6 31
Its : u= c
Resolution No. :
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STATE OF CALIFORNIA)
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RIVERSIDE COUNTY executed the same in his/he-r/tYreir
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authorized capacity (ies) , and that by
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date
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STATE OF CALIFORNIA)
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COUNTY OF RIVERSIDE) �•/ �-
On �EhtUPW-1 before me, l e)1VAIWA4
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Notary Public, personally appeared C, Ar6d J4J ?cc110
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WITNESS my hand and official seal .
NOTARY' S SIGNATURE
(SEAL)
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:EXHIBIT "A"
DESCRIPTION OF LICENSEE PROPERTY
Por. Lot 1, Block 23 as shown by map recorded in Map Book 009,
Page 432 San Diego Map of Palm Springs, recorded in records of the
Riverside County Recorder, California.
EXHIBIT "A"
TO ENCROACHMENT AGREEMENT
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EXHIBIT "B"
DEPICTION OF CITY PROPERTY AND ENCROACHMENT
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EXHIBIT "B"
TO ENCROACHMENT AGREEMENT
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DATE(MmfDDI")
1/6/99
0.
PRODUCES THIS CERTIFICATE IS ISSUED S INFORMATION
OF; INFUHMAUN
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Cumbre, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO BOX 5021 ALTER THE COVERAGE FFORDED BY THE POLICIES BELOW.
Upland, CA 91785-5021 COMPANIES AFFORDING COVERAGE
909-484-2456 COMPANY
A Travelers Insurance Cam J:)anv
COMPANY
Richard, Robert, Daniel D
And Patricia Riccio COMPANY
491-495 N. Palm Canyon Drive C
Palm Springs , Ca. 92262
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7.
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THIS IS TO CERTIFY THAT ThE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR-f
INDICATED, NOTWITHSTANDING ANY RECUIREMENT,TERM OR CONDITION OF ANY CONTRACT 09 OTHER DOCUMENT WITH RESPECT 10 WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I POLICY EFFECTIVE POUCY EXPIRATION UMHS
CO I YYPE OF INSURANCE PCLICY NUMBER DATE(MMMDIYYI DATE(MWOB(Ify)
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GENERAL
UABIUTV GENERAL AGGREGATE !!1 CNN 1 90,00-
MMERCIAL(JENERAL UASIUTY PADDALICTS-L;OMP AGG
$
T-cr�. CLAIMS MADE, FX7,OCCUR PIASCIIAL 84 ADV IN JURY S1,000,IJUU
A CONTRACTOR'S PACT T660389X8197-058 103/05/98 03/05/99 EACH OCCUnAI!NqE 51,000 ,000
Ire FIRE DAMAGE("y ono fl,.I $5 0 000
MED 5"(-rq...1-1--N 55 .000
LAUTOMONLE LIABILITY CCN(81NE)SINGLE LIMIT S
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ALL OWNED AU105 WHY S
SCHEDULED AUTOS (Per PerPOA
HIRED BODILY INJURY S
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PROPERTY CAMAOE 5
GARAGE UAFIUTY I ALTO ONLY-EA ACCIDENT 5
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EACH ACCIDENT S
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OCCURRENCE
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UMBRELLA F0814
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Building . 1660389XB19-198 01/05/98 03/05/99 $500,000 Spec Form
Replc Cost/90% Co
DESCRIPTION OF ITEM]
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00i SHOULD ANY OF THE MOVE OESCRIMED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL IQDDINK b MAIL
City of Palm Springs 330 DAYS WRITTEN NOTICE TO THE COnVIFICATE HOLDER NAMED TO THE LEFT
Planning Dept.
3200 Tahquitz Way
Palm Springs , Ca 92262 Au
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