HomeMy WebLinkAbout03655 - WILLIAMSBURG JOINT PARKING EASEMENT 350 390 S INDIAN x 28'725'7
I
FREE RECORDING REQUESTED BY AND RECEIVED FOR RECORD
AT 8:00 O'CLOCK
AFTER RECORDING RETURN TO :
CITY OF PALM SPRINGS -- /C3 -�7 f 11-,
3200 East Tahquitz Canyon Way JUL 3 11996
Palm Springs, California 92262
Attn: C—i-ty—At-t-o-r-xey Recardld in Official Recmds
of Mcerede Gdmry,califIXN]
Recorder
Fees$ '
Williamsburg Investments &
WSD Co. & City - Jt Pkg Esmnt
350-390 S. Indian
AGREEMENT #3655
JOINT PARKING EASEMENT AGREEMENT CM Signed, 7-11-96
This Joint Parkip' asement Agreement ( "Easement" ) is entered
into as of o * 1996, between Williamsburg
Investments, Inc . , a Delaware corporation ( "Williamsburg" ) ; WSD
Company, a California general partnership ( "WSD" ) ; and the City of
Palm Springs, a municipal corporation ( "City" ) .
R E C I T A L S :
A. WHEREAS, Williamsburg is the Lessee of that certain real
property and improvements commonly known as 390 South Indian Canyon
Drive, in the City of Palm Springs, which is currently being
operated as "Dunes Hotel" and is more particularly described on
Exhibit "A" attached hereto ( "Parcel 1") , and WSD is the Lessee of
that certain real property and improvements commonly known as 350-
364 South Indian Canyon Drive which property and improvements are
currently being operated as businesses including a laundromat and
a restaurant, and is more particularly described on Exhibit "B"
attached hereto ( "Parcel 2" ) . Parcel 1 and Parcel 2 are adjoining
properties fronting on Indian Canyon Road which properties have,
for years, shared parking space. Parcel 1 and Parcel 2 shall be
collectively referred to herein as the "Properties . "
B . WHEREAS, the City has real property interests in various
streets, sidewalks and other property within the City that is
adjacent to the property covered by the Easements and the City is
responsible for the planning and development of land within the
City in such a manner as to provide for the health, safety and
welfare of the residents of the City.
C. WHEREAS, both WSD and Williamsburg desire to provide
adequate non-exclusive reciprocal parking rights on both the
Properties so as to satisfy the City' s parking requirements for
their respective commercial uses . In exchange for the City
granting parking approval for the Properties ( "City Approval" ) , WSD
and Williamsburg have agreed to enter into this Easement with the
City.
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A G R E E M E N T:
NOW, THEREFORE, in consideration of the mutual promises,
covenants, benefits, obligations and agreements as set forth
herein, the parties agree as follows :
1 . Reciprocal Parking Easements .
(a) Williamsburg, as Lessee of Parcel 1 pursuant to that
certain Lease with Germaine 3. Arenas identified as Lease PSL-
14 dated August 31, 1959, as modified ( "Williamsburg Lease" ) ,
does hereby grant and convey to WSD a non-exclusive easement
for ingress, egress and parking purposes over, across and upon
all the parking and drive areas of Parcel 1, near South Indian
Canyon Drive, for use: by WSD, its sublessees, customers,
licensees, patrons, invitees, employees and assigns, which
easement shall be appurtenant to Parcel 1 . Priority for
parking shall be provided to WSD and their sublessees or
customers .
(b) WSD, as Lessee of Parcel 2 pursuant to that certain
Lease with Corinne Siva as Lease PSL-32 dated `-- —4 a
as modified ( "WSD Lease" ) , does hereby grant and convey to
Williamsburg a non-exclusive easement for ingress, egress and
parking purposes over, across and upon all the parking and
drive areas of Parcel 2 , near South Indian Canyon Drive, for
use by Williamsburg, its sublessees, customers, licensees,
patrons, invitees, employees and assigns, which easement shall
be appurtenant to Parcel 2 . Priority for parking shall be
provided to Williamsburg and their customers .
(c) WSD and Williamsburg shall use their best efforts to
ensure that their sublessees' service and employee vehicles
park in the back of the Properties .
2 . Term. This Agreement shall encumber each party' s
respective leasehold interests for a period not to exceed the term
of the WSD Lease or the Williamsburg Lease, whichever lease term
expires first . Upon the expiration of first lease term, each party
hereto covenants to execute any document in recordable form which
is required to terminate this Easement of record.
3 . Maintenance . The costs of any renovations performed by
Williamsburg, including those that may entail modifications on
Parcel 2 (including, but not limited to, repainted parking lines,
landscaping) , shall be paid for solely by Williamsburg. WSD and
Williamsburg hereby covenant and agree to perform regular periodic
repair, upkeep and maintenance of the parking areas on their
respective parcel including all related landscaping, lighting and
signs in a first-class condition and repair, free of rubbish,
debris and other hazards to persons using the same, and in
accordance with all applicable laws, rules, ordinances and
regulations of all federal, state and local bodies and agencies at
their sole cost and expense . Such maintenance and repair shall
include, but not be limited to, the following: (i) sweeping and
trash removal; (ii) the care and replacement of all landscaping;
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and (iii) the repair, replacement and restriping of asphalt or
parking areas using the same type of material originally installed,
so that such pavings at all times be kept in a level and smooth
condition. If said repair, upkeep and maintenance is not performed
in a reasonable and timely manner, then the lessee of the other
parcel may perform said upkeep and maintenance at its own expense .
4 . Enforcement .
(a) Williamsburg and WSD acknowledge that each of the
terms, covenants, conditions and restrictions set forth in
this Easement benefits City property and the City and that the
City has a substantial interest to be protected with regard to
assuring the continued existence of, compliance with and
enforcement of the covenants, conditions and restrictions in
this Easement and any amendments thereto. All such covenants,
conditions and restrictions in the Easement are enforceable by
the City by proceedings at law or in equity or by any method
available by WSD and Williamsburg. The City shall have the
right to enter upon all or any portion of the Williamsburg
Properties to remedy a breach by Williamsburg at the expense
of Williamsburg and charge Williamsburg for the cost of curing
the breach, including :reasonable attorneys' fees . Before
exercising its enforcement rights, the City shall give the
breaching party written notice of any breach, and the
breaching party shall have fifteen (15) days to cure said
breach. The City shall not exercise its enforcement rights so
long as the violating party is diligently attempting to cure
the breach.
(b) If the City is not reimbursed for such costs by
Williamsburg within thirty (30) days after giving notice
thereof, the amount unpaid shall bear interest thereafter at
a rate of ten percent (100) per annum until paid. Any and all
delinquent amounts, together with said interest, costs and
reasonable attorneys' fees, shall be a personal obligation of
Williamsburg as well as a lien and charge against
Williamsburg' s leasehold interest . The Lien provided for
herein may be recorded by the City as a Notice of Lien against
the lessee' s leasehold interest in the Office of the County
Recorder, County of Riverside, signed and acknowledged, which
Notice of Lien shall contain a statement of the unpaid amount
of costs and expenses . The priority of such lien when so
established against Williamsburg' s interest shall date from
the date such notice is filed of record; provided that,
however, said lien shall be subordinate to any bona fide
mortgage or deed of trust .
S . Breech Will Not Terminate . No breach of this Easement
will entitle WSD or Williamsburg or their successors or assigns to
cancel, rescind or otherwise terminate the Easement . The parties'
sole remedy for a breach of the Easement should be an action for
specific performance or damages .
6 . No City Liability. The granting of a right of
enforcement to the City shall not create a mandatory duty on the
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part of the City to enforce any provision of the Easement . The
failure of the City to enforce the Easement shall not give rise to
a cause of action on the part: of any person or entity. No officer,
representative, agent or employee of the City shall be personally
liable to WSD or Williamsburg for any default or breach by the City
under the Easement .
7 . Amendments . Any amendment to any provision of the
Easement enforceable by the City shall require the prior written
consent of the City, not to be unreasonably withheld.
8 . Covenants Running With Land. The covenants, conditions
and restrictions in the Easement should inure to the benefit of
every portion of the City property and any interest therein and be
binding upon grantor, grantee, the City and their successors and
assigns and successors-in-interest .
9 . Notices . Any notice to be given under this Easement
shall be given by personal delivery or by depositing the same in
the United States Mail, certified or registered, postage prepaid,
at the following address :
To Williamsburg: Williamsburg Investments, Inc.
c/o The Hotel Group
121 Fifth Avenue North, Suite 200
Edmonds, WA 98020
To WSD: WSD Company
c/o Morton and Helen Weissman
PSp ngs�j ,Californiad �2
(X,�✓-)-i
To City: City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, California 92262
Attn: City Manager
With Copy to : Rutan & Tucker
611 Anton Boulevard, Suite 1400
Costa Mesa, CA 92626
Attn: David J. Aleshire, Esq.
Any notice delivered personally shall be effective upon
delivery. Any notice given by mail as above provided shall be
effective forty-eight (48) hours after deposit in the mails . Any
party may change address for notice by giving written notice of
such change to, the other party.
10 . Approval of Parking Modifications . In order to guarantee
adequate parking on the Properties, the City shall have the right
under the Easement to approve any redesign of the parking areas .
The approval right would not: limit the City' s right to impose
conditions on the Properties or limit the parties' obligation to
comply with all City ordinances .
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5 . 6 Attorneys' Fees . In any action between the parties
seeking enforcement of any of the terms and provisions of this
Easement, the prevailing party in such action shall be awarded, in
addition to any damages, injunctive or other relief, its reasonable
costs and expenses, including attorneys' fees .
11 . Counterparts. This Easement may be executed in any
number of counterparts each of which shall be an original but all
of which shall constitute one and the same document .
IN WITNESS WHEREOF, the undersigned have executed this
Easement as of the date first written above .
WSD COMPANY,
a Californi generalfpartner:ship
i
_71 O
By:
Morton Weissman, general partner
By: J YC� o-d 0 � 2r�12�n riv
Helen Weissman, general partner
WILLIAMSBURG INVESTMENTS, INC:. ,
a Delaware corporation
By:
Name : Ps tee-
Title :
CITY OF RINGS,
a m icipal cor ion
'O
By:
CitV Manage
/ATTEST:
3�y Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER
David S. A c hire,
City Attorney
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STATE OF CALIFORNIA )
ss .
COUNTY OF P�i C )
On L I l 1996, before me, 1�wEn V- O'MA -
(IC personally appeared �Yk2PtFn
cd)c( N�Ia (v,� S w ui I personally known to me (or-p-r-o-ved_to
me. on the basis of satisfactory evidence) to be the person((g') whose
nam<( ) is are subscribed to the within instrument and acknowledged
to me that heV.she the ; executed the same in s iex Eheir
authorized capacity ies; , and that by hi�A-}3e-r�/th r>signature on
the instrument the person s)' , or the entity upon behalf of which
the person(') acted, executed the instrument .
WITNESS m hand and off-icial, seal , —�
yyamar.,c.�.c OFFICIAL 5FAL /
9 ��.. KAREN FLOTH \
Q COMM.01074541 _
C Nowy eublic-Cali(mnia
(S� RIVERSIDE COUNTY 6 My Commissb NOtn Expires y Public
TOOBER9, 1999
tOAS41
STATE OF 4QAL-1-FOR�iA- )
$, ss .
COUNTY OF
On �`l � � 1996, before me, LS� tti, M C -40.
personally appeared roll` (- , 9 ,.a-
personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person X whose
name %) is/ e subscribed to the within instrument and acknowledged
to me that he/ e/thy executed the same in his/Xr/th,<ir
authorized capacity ) , and that by his/lr/tYir signature (,' on
the instrument the person (;lsi) , or the entity upon behalf of which
the person) acted, executed the instrument .
WITNESS my hand and official seal .
�O7-4 qk? Notary Public
,
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(n 01 6-14-99 �0
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487/014084-000112201924.4 a07/03/96 _6_
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STATE OF CALIFORNIA )
ss .
COUNTY OF ) 1
1996, before me, 64.11n��
personally appeared ` .E - del,
personally known to me (er p;ro-ved-to-
me-o '- he-basis-o-f-satisfaeteL evidence) to be the personQs)° whose
name((s is are ubscrib to the within instrument and acknowle .gam
to me that he/sheAE e � executed the same in his/her heir)
authorized capac: Les, , and that by his/herrheir=signature (�_1 on
the instrument the person (ssY, or the entity upon behalf of which
the person (g') acted, executed the instrument .
WITNESS my hand and official seal .
'• III E L.WEDEKIND
a ./�:•� "94.'S COMM.#1048857
z . No1op Public—caofornia Notary Public
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7k RIVERSIDE COUNTY
(SE ) My Comm.Expires FEB 3.1999
STATE OF CALIFORNIA )
ss .
COUNTY OF )
On 1996, before me,
personally appeared
personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person (s) whose
names) 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 Public
(SEAL) ;
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EXHIBIT "A"
LEGAL DESCRIPTION OF PARCEL 1
Block 52 in Section 14, Township 4 South, Range 4 East, San
Bernardino Meridian, according to the official Plat thereof, EXCEPT
that portion lying within Indian Avenue and that portion conveyed
to the City of Palm Springs by instrument recorded October 1, 1968 ,
as Instrument No. 94553 , in the Official Records of Riverside
County.
EXHIBIT "A"
487/014084-0001/2201824.4 a07/03/96
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EXHIBIT "B" 287257
LEGAL DESCRIPTION OF PARCEL 2
Block 49, in Section 14, Township 4 South, Range 4 East, San
Bernardino Meridian, according to the official Plat of said land
filed in the District Land Office April 5, 1928, and supplemental
Plats of Section 14, Township 4 South, Range 4 East, San Bernardino
Meridian, filed in the District Land Office October 22, 1956, July
21, 1958 and May 12, 1960, respectively, all said land in the State
of California, EXCEPT that portion lying within Indian Avenue and
that portion conveyed to the City of Palm Springs by document
recorded October 1, 1968, as :Instrument No. 94553 , Official Records
of Riverside County.
EXF..1131T 111311
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