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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 c� w C> s w F:eRKE- 'U m Q;GaMil hi kv W M 0 O c+ 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 °' , 0 03 Loo - Co o n o 9 3 c ro ENCROACHMENT LICENSE a �' — rr �r � msLr �. THIS ENCROACHMENT LICENSE (the "License") is entered into this Sth d n �, �, 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 Pi . I 's I zp02. I � ta' I I CD h" I I II N I I I se m .'. ILOT 1 2S m IC DI I I I 70 m I II m I u a.28 AC. a I Ilo `1' I 2 ,4,4 I IIJ 011-003 TRA I cy- II 7A. 2GB2E I CTL II� 1B2.6B RS 32/15 I m l PAR. ] O m II w - - — m m 3 I II N9l-SB-BEE Z 135 115 ei I o I 5E II ! PAR. 2 " v 1 . 6 7 y 3t •Z o m m _ _ _ 0 _ �I O 4 m I PAR. 3 O m m 21 4 2 RS 32/15 I �] 1'S 74. s ]1B J w _ P —POR. 8 OR. 5 ,r 25 O cs1 10 (7) I II r 6 u O m z5 l n 1.4 1 AC. ML 2E I I I A 9 8 m I 30 14-/s'� + 0 A•2 ?�2 �I ]35 115 aa2" 725 I 126.G1 � N99-39-BEE N m � 2S MB 15 / 15 - 16 L A S PALMAS ISTATES m RS 32 / 15 PM 123 / 35 - 36 PARCEL MAP N0 . 16478 MB 253 / 6 - 7 TRACT MAP N0 . 28020 CM 9 6 / 1 7 - 4 9 � 2 2 6 9 0 7 - 1 4 - 9 5 EXHIBIT "A" TO ENCROACHMENT AGREEMENT _V_ 32244 EXHIBIT "B" DEPICTION OF CITY PROPERTY AND ENCROACHMENT LINE TABLE .] T1 S00000 '00"W 123.88' U T2 S89038' 00"W 251 .61 ' 5428 '17183 P' T4 T3 N00010 ' 00"W N84°52'00"E00 S00° 14 ' 57"E EX.WALL (TyP) N86049'00"E .00 T77 N00° 10' 00"W5 25' TS N86°49'00"E 110. 00 ' AP14: 505-242-002 O CURVE TABLE F � .l F R L T UF CC2 90' 122' 00" 20 .00 ' 31 .49 ' 20 . 07 ' U 3 PL A° F n � PL - o W ORIGINAL F T8 0 z LOT LINE T6 50 'N O H I APN: 505—I242-010� EX. BLDG. 24.7J I 4 z `O Oall o E�EX.BLDG. J cn 1pgA1T , ' `• �./ EX.BLDG. EX,WALL-r-� C2 Ln PL - TZ - C1 CL S89°38_00"W EX.MLLE�TStP')\ n!Y/k5 V=A z I � HENRY E VISTA CHIN❑ li "NENflYG.P000ll SITE r� * No. L6048 w— Exp. � 14 PIV 4p, CA1�F4�\` v` o ; TActi�vAu VIA IOLA EXHIBIT TO ENCROACHMENT AGREEMENT —8— ksAN y s fi:aIyMuSe«M..yifEL KYi ' !........... ..7 f ..1/19r 9Q Y' 'w ......,� .... rRgouc� " i THIS CERTIFICATE IS ISSUED A (MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON300 aini 6aCC Suite 102 r PO DIES AMEND, EXTEND O A TER ERnTHE COVERAGE ATE HOLDER. AGE CERTIFICATE D FIC THE ESpl Andrea.ni & Ga I+icease a206$2S DOES NOT AMEND, EXTEND OR AI. I AOE AFFORDS' .. Oxnard, CA 93030 COMPANIES AFFORDING CO (805)991-9$85 Fax(605) 981-0161 ... ................................................................................................................ „„ . COMPANY A CALIFORNIA CAPITAL INS. CO- LEM ................ 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OARAOE LIABILITY PPOPEP.TY DAMAGE ;5 ,,,,,,,A..................,.,,,,,,,,.,,..,.....................,.,.,,,,.,.,,.,.,....... ...,....._,.,.,,..,..,.,,,.... .,,.�,,,, ,,..,.................. EACH OCCURRENCE ,L=..... ..,..,,, _, .,�,,,,,.� A ,,.. ..i WORELLA FORM .ADORE ......................�.��:,q as:• „. ....... D i OTHER THN UMBRELLA FORA ...............�,���,., ............ . ,... STATUTORY �..�LIMIT. WORKIDPS COMPOIATION ....�.,,. ,,..�....L.a.a ......................... EACH ACCIDENT AND j DISEASE-POLICY LIMIT jS i [IiLOTfA@'WB@,ITT I ' DISEASE.EACH EMPLOYEE I DTntR i f LICENSE. OF PALM LM SPRINGS NG S ADDITION ADDITIONAL INSURED TO , ...,. ., _ DWItIllor"OF THE CITY OP' PALM D7CTIONA INSURED A3 RESPECTS THEIR THE INSUREDS OPERATIONS P ENCROACHMENT INSURANCE IS PRIMARY AND NON-CONTRIBUTORY. sY�A''wsS ~.t .Y,...., •,�e{ .:'l. '� NO OR ',;+�F n,,.��c,nowY��yKNd7 ':I�:,Y�.o,t:A• e��r..Y .....�.'„` w NY % „ al`il i��, '.�,I�„Ns,.. ,.,��<�kk' ,n..,. . '< q y.nKt xs f%,,...u:...,. i iA'Av CA�•Auif�, M SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE an: 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. PALM SPRINGS CA 92262 "q 1'Ia WEST V '%;;AUiNOR�:D REPRE9ETITATIVE T "i x M s!3 s > rs. x yuxrrluw�e>> r ?i"hr : :.ksr�eR n F.ih, sx. �, t <:i", A�MgFiM,X'✓F"'N•.IA I?II�r1y:.I p' {'}�'"}�'{ y jyµ\ Yk£ • ki yR �. e,es r h wIG 3 i h M f l a �hh,',:, ,,, .. .... .. .<< vv 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