HomeMy WebLinkAboutA4001 - LAS PALMAS LLC 140 VIA LAS PALMAS ENCROACHMENT 322445
PIECEPVEE FOR RECOM
AT 8.00 O'CLOCK �<3Q�
FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO: AUG — J 1998
CITY OF PALM SPRINGS
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P.O. Box 2743 "r flhntaa.�ec""L;,�aa,xnpa wmo
Palm Springs, California 92263-2743 64ema„�r No ��. `�„
Attn: City Clerk z �mi+ r sx"
Engineering Division r W 3
(For Recorder's Use OnY "� J °'
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ENCROACHMENT LICENSE a �'
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THIS ENCROACHMENT LICENSE (the "License") is entered into this Sth d n
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of November, 1997, by and between Daniel Bailey and Marlene Bailey, Managi (D '
Members of Las Palmas LLC, ("Licensee") and the CITY OF PALM SPRINGS, (.1n N M :
municipal corporation ("City") . Q°0
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 140 Via Lola, Palm Springs, CA 92262, (APN 505-242-002, 010) , more
particularly depicted 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 various planters and canopies on
Palm Canyon Drive North and Via Lola which will encroach on the City property
in the location depicted on Exhibit "B" attached hereto and incorporated
herein by reference (the "Encroachment") .
i
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 al� of the terms and conditions of the Permit
and this License.
i
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 yger£orrmanct oY airy w_:j, c:-': _.iOc�:.,�:"� ...�:.;,.��.,:..:e.7 :ter:_un'�isnce 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
■
i 322445
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.
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 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
I V?
C:\WP51\DOCUMENT\AGR\ENCROACH
322445
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.
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 Iiicense 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: .Risk Management
With Copy to: Rutan & Tucker
Post Office Box 1950
Costa Mesa, CA 92628-1950
Attn: ;David J. Aleshire, Esq.
Licensee: Daniel Bailey and Marlene Bailey
140 Via Lola
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 rto and shall run with the License Property
and the City Property and each ]Dart thereof and interest thereon, and shall be
binding upon the owners of the :Licensee Property and its respectlive 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 prcnisiou whan applieu 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 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.
C:\WP51\DOCUMENT\AGR\ENCROACH
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first set forth above.
"LICENSEE"
LASS/PAALLMS LLC
By: H
Daniel ' ey Managing Member
By:
�j
Ma l J/fX ' ley, Managing Member
(Licensee shall have signatu/, notarized)
G
ATTEST: CITY OF PALM SP NGS,
a municipal c ation
By: \l Y�i1..�:.sy._ ci'C„a By:
Citj— lerk ity Manag
APPROVED AS TO FORM:
Rut an & Tu ke�r6+ 7
/(���
City Att r�5ey
APPROVED BY CITY COUNCIL:
By:
Its: //--
Resolution No. : I y7z) �`��✓ �°
A)
P7 rS
. 322445
STATE OF CALIFORNIA)
SS.
COUNTY OF RIVERSIDE)
Onc�y�p �i 8 6 9 as 0 before me, A . ':H'
date
Notary 11
Notary Public, personally appeared )MM-1g n& .L..y
® proved to me on the CLJ1ii
basis of satisfactory evidence to be the persons
whose name is/ subscribed to the within
instrument and acknowledged to me that 31e=/s}ae the
executed the same in authorized
JUDITH A. NICHOLS �° capacity(ies , and that by Wirer/ eir signature
Comm, N1097500 �n on the instrument the person s or the entity upon
_•� NOTAAY PUBLICCALIFOANIA behalf of which the person s acted, executed the
,,� Alvorside County „� instrument.
✓��.��+-�. My Comm. EM ues Mav 71,2000
mrraBnp.*s�w4*++:rar+;�yMmnc'v.d
WITNESS y hand and official seal.
a
NOTARY'S SI(MATURE
(SEAL)
STATE OF CALIFORNIA)
SS.
COUNTY OF RIVERSIDE)
Ong-/'Lr1 before me,
dale �]
Notary 1ublic, personally appeared
personally known to me ,ed—to--me—oR—the
ha -is—af—sa-ti-s-factor evidence to be the person !'
whose name is/ re subscribed to the within
instrument and acknowledged to me that he/she/< eY-�
EI}11NF L V!CDCRIND executed .the same in his/herd b:e,3_r�'i authorized
CJfvINI.;€104II357 a capacit� ieey and that by his/her/(therrisignatureot)
d�- Nctarvpubijo Caliievnia y on the instrument the personQs-)> or trie entity upon
e \r," RIVERSIDE COUNTY behalf of which the person acted, executed the
,� MY Cornn.F::pire instrument.
WI)TNEnSS my hand and official seal.
NOTARY'S SIGNATURE
(SEAL)
C:\WP51\DOCUMENT\AGR\ENCROACH
• 322445
EXHIBIT "A"
DEPICTION OF LICENSEE PROPERTY
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EXHIBIT "A"
TO ENCROACHMENT AGREEMENT
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32244
EXHIBIT "B"
DEPICTION OF CITY PROPERTY AND ENCROACHMENT
LINE TABLE
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U T2 S89038' 00"W 251 .61 '
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EMPIR DATE THEREOF, THE ISSUING CDMPANY WILL ENDEAVOR TO
yr MAIL — DAYS WRITTBN TIU TO THE CERTIFICATE HOLDER N MEO TO THE
CITY OF PALM SPRINGS o' LEFT, BUT FAILURE TO MAIN SUCH N TICE SHALL IMPOSE NO CRUD TION OR
ATTN: THRISHA LIABILITY OF ANY HIND U THE C MPA , I E TB OR CISRE ENTATIVES.
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zO/M 'd 1910196909 ON Xdd ONVNXO '00 INIdNCR Wd 9�20 Q'dM 96-iO-inn
POLICY NUMBER: MXX80624119 COMMERCIAL
MMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Eff. Date: 07/01/98
Landscape West, Inc.
Name of Person or Organization:
City of Palm Springs,
Its Officers, Employees,
and Agents as additional
insured
425 N. Civic Drive
Palm Springs, CA 92262
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this
endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only
with respect to liability arising out of"your work" for that insured by or for you
PRIMARY INSURANCE CLAUSE
It is agreed that this insurance is primary as respects any insurance maintained by the certificate holder and that any such insurance
maintained by the certificate holder is excess and non-contributory with this policy.
Waiver of Subrogation... as per ISO form CG2024 11/85
CG 20 10 11 85 Copyright, Insurance Services Offices, Inc., 1984 11
POLICY NUMBER: MXX80624119 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST
OTHERS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART.
Landscape West, Inc.
Effective Date: 07/01/98
SCHEDULE
Name of Person or Organization:
City of Palm Springs,
Its Officers, Employees,
and Agents as additional
insured
425 N. Civic Drive
Palm Springs, CA. 92262
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
We waive any right of recovery we may have against the person or organization shown in the Schedule because of
payments we make for injury or damage arising out of "your work" done under a contract with that person or
organization. The waiver applies only to the person or organization shown in the Schedule.
CG 24 04 11 85 Copyright, Insurance Services Office, Inc., 1984 0