HomeMy WebLinkAboutA3892 - HAUCK ENCROACHMENT 5190 LAKESIDE 0#507
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AT 8:00AM
FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
FEB "4 1098,
CITY OF PALM SPRINGS
P.O. Box 2743 fhmvW In OWW How*
of RMiWCe C. nfy,oMI W*
Palm Springs, California 92263-2743 Rewdor ��
Attn: City Clerk
E �>_" F"S$
(For Donald H. & Genevieve R.
Hauck - Encroachment License
ENCROACHMENT LICENSE 5190 Lakeside Dr. East
AGREEMENT #3892
(INDIVIDUAL RESIDENTIAL PROPERTY OWNE R19179, 1-7-98
THIS ENCROACHMENT LICENSE (the "License") is entered into this 26th day -of November, 1997, by and between Donald H. Hauck and Genevieve R. Hauck,
("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 5190 Lakeside Drive East, Palm Springs, Ca 92264-3902, (APN 681-231-013) ,
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 a 30" high slump block wall with
wrought iron railing on top which will encroach into the City easement across
said 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 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,
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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 .
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 Proof of Insurance. All such insurance as required by this
Section 6 shall be shown on a Certificate of Insurance; including the address,
assessor' s parcel number, and the words 'Encroachment License' ; and be
delivered to the City of Palm Springs, Attn: Risk Management.
6 .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 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.
2
8.5 Modification or Cancellation of Policy. All insurance
required pursuant to this Section 8 shall contain an endorsement requiring /� /�
A
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.
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: Risk Management
With Copy to: Rutan & Tucker
Post Office Box 1950
Costa Mesa, CA 92628-1950
Attn: David J. Aleshire, Esq.
Licensee: Mr. and Mrs. Donald H. Hauck
5190 Lakeside Drive East
Palm Springs, CA 92264-5902
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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40507
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.
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40507
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first set forth above.
"LICENSEES"
By:
JD��onald H: Hauclll£ ) �G
By:,-i`�L�i'�,.uv�,wK-._ �L .
Genevieve R. Hauck 1Q
(Licensee shall have signature notarized)
ATTEST: CIT OF PALM SPRINGS,
a unicipal corpora
4
By: ���)'� `�``� By:
city/Clerk City anager
APPROVED AS TO FORM:
City A tor y n
APPROVED BY CITY COUNCIL:
By:
Its:
Resolution No. :
i
/ 331 -
5
405017
STATE OF CALIFORNIA)
SS.
COUNTY OF RIVERSIDE)
r
On ��(, p / %% '7 before me, ��,p/�f Z E-!</ n,' D ,
date
.p-flu y'�(� '
Notary Public, personally appeared77,/hL� ,�U�I,�„� /1�jj���YT,
Q--person-al-l-y-krf� .�-ome--OR- proved to me on
the basis of satisfactory evidence to be the
personCv whose name s-\ istLa rh subscribed to the
within instrument and acknowledged to me that
he/shy/hey executed the same in his/hery heir
�.t '• ELAINE L.kYMEICIND authorized, c a p a ci t yr(ih); and that by
COhAA9.%%lU9uS57 2his/heYh�.-r,signature('s on the instrument the
"`• '"`� NotaN Public-Califomia pets on Ls.Y, or the entity upon behalf of which
\�'v',�"•) RIVERSIDE COUNTY the person cs.) acted, executed the instrument.
.{ My Comm.Esplres EEb 3.1999
WITNESS my hand and off i -ial seal. ,
["i.C-C— LtJ,L'�cL:-L•'.1 ice" ic_L4�hr-/
NOTARY'S SIGNATURE
(SEAL)
STATE OF CALIFORNIA)
SS.
COUNTY OF RIVERSIDE)
i
On�����/ , 1�f 1�,C O� before me, /.NdU L
ddte
J pp r J ,
Notary Public, personally appY-h
ed �� /t- C�aC,
personally know to me
e—}P..., s�^� =+!=f=^+^ �:.; �€ ce- to be the
person s) whose name(Z)_i is/are� subscribed to the
within ':q�-trument and acknowledged to me that
}} " he/she th iexecuted the same in his/he /their
d., , '" EL INE L.LNEDEICIND autho ri d=�capacit iesP and that by
a „ �, COMM. 1C14835T -.
- " 'Y`'- Notary Public,-Califemia his/her the-r signature�'s_)ron the instrument the
z \-`�`^•; erso s % ox the emit upon behalf of which
�� I I\ RI`,�ERSIDE COUNTY ] p L --) , Y P
�J Ivy Comm,DlpiresPEU3.1999 1/ the person(Cs)a acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY'S SIGNAPU /
(SEAL)
6
• • 40507
7
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Lot 55, Tract 2808 as per map recorded in Book 52, pages 42 through 45 of
Maps, records of Riverside County, California.
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
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• gat",\ PL 24668-489
Colonial Penn Insurance Company s-;t,3 T 7ev
P.O. Box 1990 / Valley Forge, PA 19482-1990
EXCESS PERSONAL UMBRELLA LIABILITY
POLICY DECLARATIONS PAGE
Item 1. Named Insured and Address POLICY NUMBER
HAUCK, DONALD H 04—PL-00113279-0
5190 E LAKESIDE DR
PALM SPRINGS CA 92264-5902
ealue e -4 'y/�3 /Z5
RENEWAL
Item 2. Policy Pcood: Proft, 02i"19/ ^^ 0 �98to 2 +,.'+•01 am.
at the address of the Named Insured as stated herein.
Item 3. Limit of Liability: $ 2 MILLION
Item 4. Amount of policy deductible to be borne by Insured with respect to each
loss covered under Basic Coverage: $ 250 . 00
Item 5. Premium: $ 295.00
Item 6. Subject to the following forms and endorsements:
PL2400 PL350
Item 7. Schedule of Primary Insurance: Applicable Limits
Carrier, Policy Number and Period Type of Policy (IN $ THOUSANDS)
COLONIAL PENN AUTOMOBILE BI 100/ 300 PD 25
761459716# 04-18-96 — 04-18-97 UM — BI
STA E FARM HOMEOWNERS CPL 100/
55-LC-0949-1 07-14-96 - 07-14-97
GOL EN EAGLE INS HOMEOWNERS CPL 100
#NMP36238700 05-15-96 — 05-15-97
Item 8. Total number of owned autos, recreational motor
vehicles and boats covered under this policy: 1
12-23-96
NOT RROUTRED. .
Date Countersigned by (Authorized Agent)
POLICYHOLDER COPY
PAGE 1
Named Insured and Address • Policy#
HAUCK, DONALD H 04—PL-00113279-0
5190 E LAKESIDE DR
PALM SPRINGS CA 92264-5902
SCHEDULE OF REQUIRED MINIMUM LIMITS
An insured must maintain at least the following coverages and limits for primary insurance as long as
the exposure exists.
EACH AUTOMOBILE $ 100 , 010 .00 i$ 300, 000 . 00 Bodily Injury Liability,
$ 25 ,0 10 .00 Property Damage Liability OR
$ 300 ,0010 .00 Single Limit
EACH RESIDENCE $ 100 , OC10.00 Personal Liability
EACH RECREATIONAL $ 100 , 0 C10 .00 /$ 300 , 000 .00 Bodily Injury Liability,
MOTOR VEHICLE
$ 25 ,0 10 . 00 Property Damage Liability OR
$ 300 , 0 C10 . 00 Single Limit
EACH WATERCRAFT $ 100 ,0(10 .00 Personal Liability
EMPLOYER'S LIABILITY $ 100 , 010. ()o Single Limit
(if applicable)
SPECIAL MESSAGES
YOUR PREMIUM INCLUDES A CALIFORNIA INSURANCE
GUARANTEE ASSOCIATION SURCHARGE OF $ .00
PAGE 2
STATE fARM • •
INSORANCF
OO
Fire Policy Status NOVEMBER 14, 1997
H Ph. (619) 324-8872
4AUCK, DONALD & GENEVIEVE R GENL Policy: 77-LC-0949-1 G Yr issd: 1995
5190 E LAKESIDE DR Xref : 7 77 EG 9 G
PALM SPRINGS CA 92264-5923
23 to 13 - 3
Term: CONT
Pype : HO - HOMEOWNERS Renew date : JUL-14-98
Coverage information Premium: 1, 000 . 00
4-DWELLING 232200
DWELL EXT 23220
B-PERS PROP 174150
-LOSS USE ACT LOSS
Amount paid: 1000 . 00
L-PERS LIAB 100000 Date paid: JUN-30-97
DMG TO PROP 500 Bill to: INSD
'Q-MED/PERS 3000
Prev prem: 998
Prev risk: 231, 500
Deductibles applied: 1000 ALL PER
Messages : Forms and Endorsements
FP-7955 .CA HOMEOWNERS POL
Year built: 1966 Constr: FRAME LSP B1 LMT RPLC COST-B
Zone: 29 Home alert : FE D:B SA OPT ID COV A-INCR DWLG
Prot class : 4 LSP Al SMLR CONST-A
OPT OL BID ORD/LAW-10o
Families : 01 OPT JF J&F 2500/5000
Pxem adj : - HA ;NGL