HomeMy WebLinkAboutA3905 - DANA KAY BIGELOW TROUPE ENCROACH R a 410562
RECEIVED FOR RECORD
FREE RECORDING REQUESTED BY AT 8:00 O'CLOOK
AND WHEN RECORDED MAIL TO:
CITY OF PALM SPRINGS
NOV 10 1997
P.O. Box 2743 pOS � UkW Y
Palm Springs, California 92263-2743 °�~"' 'cwv3o CW69k
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Attn: City Clerk Aemrd'er•
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Engineering Division
(For Recorder's Use Only Y N
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ENCROACHMENT LICENSE o � � o M
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(ALL PROPERTIES OTHER THAN INDIVIDUAL RESIDENTIAL PROPERTIES)
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THIS ENCROACHMENT LICENSE (the "License") is entered into thi:
21st day of July, 1997, by and between Dana Kay Bigelow a/k/a Dana K m o c
Troupe, ("Licensee") and the CITY OF PALM SPRINGS, a municipa_M F—W MQ Elf
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 360 Racquet Club Road West, (APN 504-140-017) , 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 maintain approximately 2 feet of the
existing building, the 6-inch and 30-inch block walls in the sidewalk
and the 6-inch high curb planter 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.
E. Declarant executed that certain Declaration of Covenants,
Conditions and Restrictions to Install Street Improvements Upon Notice
dated July 21, 1997, (the "Declaration") , and First Amendment to
Declaration of Covenants, Conditions and Restrictions to Install Street
Improvements Upon Notice dated August 27, 1997, (the "First Amendment to
Declaration" ) , requiring Declarant to Construct certain street, traffic
signal or other improvements on the Property or the City Property, which
street improvements are more particularly described in the Declaration
("Improvements" ) .
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,
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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 10
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 Section 5, City shall submit a bill to Licensee, and
Licensee shall immediately reimburse City for such work performed.
6. Removal of Encroachment. Should City request that the
Declarant construct the Improvements pursuant to Section 1 . 1 of the
Declaration, or City elect to construct the Improvements itself
pursuant to Section 1.4 of the Declaration, requiring the removal of the
Encroachment and restoration of the City Property to its former
condition (collectively the "Removal" ) , City agrees to remove or require
the removal of, as little of the Encroachment as reasonably possible to
construct the Improvements . whether City, pursuant to Section 1.4 of the
Declaration, or Declarant, pursuant to Section 1. 1 of the Declaration,
performs the Removal, City shall bear the cost and expense of the
Removal and the restoration of the habitable structure to a clean,
workmanlike, and habitable condition ("Restoration" ) . The City' s payment
of the cost and expense for the Removal and Restoration shall be limited
solely to any actual cost and expense caused by any such Removal and
Restoration and shall not include payment for any damages for loss of
use, whether long or short term, of the Property, or any consequential
damages or any other damages or loss to the Property or the Declarant .
7 . 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 or Restoration, but excluding
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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 or Restoration, 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.
8 . 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.
9 . Insurance.
9. 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.
9 .2 Primary Policy; Additional Insured. All such insurance
as required by this Section 9 shall be primary insurance and shall name
the City as additional insured.
9.3 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.
9.4 Insurance Company. All insurance required under this
Section 9 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 East ' s Insurance Reports no
longer be available.
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9.5 Modification or Cancellation of Policy. All insurance
required pursuant to this Section 9 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.
10 . 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 or, at the City' s sole discretion, City shall
perform the Removal within ninety (90) days following the Termination
Notice. The cost and expense of the Removal shall be pursuant to Section
1 of the First Amendment to Declaration. In the event Licensee fails to
perform the Removal 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 costs to the City resulting
from any such delay by Licensee.
11. 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 & 'Pucker
Post Office Box 1950
Costa Mesa, CA 92628-1950
Attn: David J. Aleshire, Esq.
Licensee: Dana Kay Bigelow
360 Racquet Club Road West
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 11 .
12 . 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 .
13 . 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
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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.
14. 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.
is . Governing Law. This License shall be governed by and
construed in accordance with the laws of the State of California.
16 . 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.
17 . 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.
18 . Counterparts. This License may be executed in any number of
counter parts, each of which shall constitute an original.
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IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date first set forth above.
"LICE, SEE"
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00
c�nd c— A'� ��-1 f
(Licensee shall have signature notarized)
ATTEST : CITY OF PALM SPRINGS,
a mu pal core ration
/ '—
By: �_ � .� By:
City'Clerk City Manager
APPROVED AS TO FORM:
Rutan & Tucker
City Atto ey �.!P'�I'.' �P nr
APPROVED BY CITY COUNCIL: �
By: A13 C
Its :
Resolution No . :
STATE OF CALIFORNIA)
SS .
COUNTY OF RIVERSIDE)
On ����LP <=�� I ��Ci�� before me,'�.)Cvfl_C-i
J date
Notary Public, personally appeared C�C
❑ personally known to aKe OR -' proved to
me on the basis of satisfactory evidence
to be the person (-"s') whose name (=s,) is/tee
subscribed to the within instrument and
acknowledged to me that he/-s-hLe/whey
executed the same in l�:r-s-/her/--hir
,.
a,• authorized capacity (4� ) , and that by
Y�-ice/her/tzr- signature (s.) on the
T,.. .M , cosniwi>a��7� <;�ti 591Fa instrument the person ) , or the entity
yTy G7 upon behalf of which the personFs)
acted, executed the instrument .
SO, 2tlU"1 1
l„ Y WITNESS my hand and fficial seal .
NOTARY S SIGNATURFJ
(SEAL)
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41a5(;2
STATE OF CALIFORNIA)
SS ,.
COUNTY OF RIVERSIDE)
On ���//; �� � �j'� before me, ��//��fJ �• G E_P �K/PI�J
date/
p 1
Notary Public, personally appeared
41personally known to me--OR--O.--pr//Oved-to
me-on the--basis-o-f—satisfactor-y-_evidence
to be the person CD whose name&)) isQary
subscribed to the within instrument and
acknowledged to me that he/sh6/they-)
executed the same in his/he ' them
authorized -capacit 1e -)--,' and that by
ELAiNE L.M/EDEKiNV his/h /theirs' signature s)) on the
COMM.it 1048057
Notary instrument the person s) , or the emit
RIVERSIDE COUNTY
My comm.EXPirosf-EB3,1999 upon behalf of which the person (
acted, executed the instrument .
WITNESS my hand and official seal .
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)
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41��562
EXHIBIT "A"
DESCRIPTION OF PROPERTY
Parcel A:
That portion of the South half of the Northeasr quarter of Section 3, T 4 S, R
4 E, San Bernardino Base and Meridianm as shown by United States Government
Survey, described as follows:
BEGINNING at a point on the South line of said Northeast quarter which bears
North 89' 38, West 1,181.92 feeet from the quarter corner on the East line of
said Section;
THENCE North 00 22' East 224.05 feet;
THENCE North 890 38' West 100 feet;
THENCE South 00 22' West 224.05 feet, to a point on the South line of the
Northeast quarter of said Section;
THENCE South 89' 36' East, along the South line of the Northest quarter of said
Section, 100 feet, to the point of BEGINNING.
Excepting therefrom any deposits of oil, gas, or other hydrocarbon substances
and water underlying the herein described property, without the right of entry
as reserved in Deed from Security-First National Bank of Los Angeles, recorded
April 4, 1936 in Book 273 Page 213 of Official Records, Riveride County
records.
Parcel B:
All that portion of the South half of the Northeast quarter of Section 3, T 4
S, R 4 E, San Bernardino Base and Meridian, in the City of Palm Springs, County
of Riverside, State of California, as shown by United States Government Survey,
described as follows:
BEGINNING at a point on the South line of said Northeasr quarter which bears
North 890 39' West 1281.92 feet :Erom the quarter corner on East line of said
Section;
THENCE North 000 22' East, 224.05 feet to a point;
THENCE North 89' 38' West, 100 feet;
THENCE South 000 22' West, 224.05 feet to a point on the South line of the
Northeast quarter of said Section;
Thence South 890 38' East along the South line of the Northeast quarter of said
Section, 100 feet to the point of BEGINNING.
Excepting therefrom all oil, gas or other hydrocarbon substances as reserved in
Deed recorded April 4, 1936 in Book 273, Page 213 of Official Records of
Riverside County, Claifornia.
EXHIBIT "A"
TO ENCROACHMENT AGREEMENT
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EXISTING N�"LK 0
n IS 30' HIGH BLOCK WALL `\ ��--- WATER METER {{ ro
1r 0'-6" HIGH BLOCK MALL `-�-- EXISTING CURB 8 GUTTER 1 H
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'— EXISTING PROPERW_,; ,?0 BE ELIMINATED 4
I (SEE CIVIL 'ENO ,LINE ADJUS-T,.'MENT PLAN) - z
a, 200 ' �
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R, •V
gCpEjp CERTIFIC* OF INiS RANCE . ISSUE DATE
MAR 10 98
PRODUCER Cert#6487 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
DESERT SOUTHWEST INSURANCE BROKERS CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
73-255 EL PASEO, SUITE 11 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
PALM DESERT,CA 92260 POLICIES BELOW.
760-773-5955
FAX 760-776-4205 COMPANIES AFFORDING COVERAGE
760-773-5955 COMPANY
FAX 760-776-4205 A TRAVELERS PROPERTY CASUALTY
INSURED COMPANY
COVERS FOR LOVERS B
COMPANY
360 W. RACQUET CLUB ROAD c
PALM SPRINGS, CA 92262 COMPANY
D
ICOVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS - -' -- —
LTR DATE(MMIDD/YY) DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
COMMERCIAL GENERAL LIABILITY I680-5036882-1 OCT 16 97 OCT 16 98 PRODUCTS-COMP/OP AGG. $ 2,000,000
CLAIMS MADE � OCCUR PERSONAL&ADV INJURY $ 1,000,000
A OWNER'S&CONTRACTOR'S PROT
_ EACH OCCURRENCE $ 1,000,000
ADDITIONAL INSURED FIRE DAMAGE(Any One Fire) $ 300,000
MED EXPENSE(Any One Person)$ 5,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per Person) $
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per Accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY.
EACH ACCIDENT $
AGGREGATE $
EACH OCCURRENCE $
UMBRELLA FORM
AGGREGATE $
OTHER THAN UMBRELLA FORM _ _
WORKER'S COMPENSATION AND STATUTORY LIMITS
EMPLOYERS'LIABILITY EACHACCIDENT
THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $
PARTNERSIEXECUTIVE
OFFICERS ARE EXCL DISEASE-EACH EMPLOYEE IT
-
OTHER
RE: 360 RACQUET CLUB ROAD A 3905,PALM SPRINGS,CA
I-CERTIFICATE HOLDER _ CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
ENDEAVR TO
CITY OF PALM SPRINGS DAYS WRIFTENNOTICEREOF TOTHEHCERTFICATE HOLDER NCOMPANYIAMEDLL TOTHE EFTBIUT30
FAlUCITY CLERK, ANIY KRNOT PONITHECOL SUCH N PAN ITS AG NTS OR REPRESSHALL IMPOSE NO GENTATIV .
O SLIABILIT OF
P. O. BOX 2743
PALM SPRINGS, CA 92263-2743 0-DAVNOTICEOF ANCE TIONAPP FOR NON-PAY NTOFPREMIUM
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