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HomeMy WebLinkAbout03547 - MILLER YARGER HUDSON 1080 MARSHALL WAY ENCROACHMENT REQUESTED BY HOC a 20OS—OOS7850 FREE RECORDING RE Q 01/21/2005 08:00A Fee:11.00 AND WHEN RECORDED MAIL TO: Page 1 of 11 Recorded in Official Records City of Palm Springs County of Riverside P.O. Box 2743 Assessor, County Clerk R Recorder Patin Springs, Ca 92263 IIIIII IIIIII III I IIII IIII I IIII IIIIII III IIII IIII IIII Athn: City Clerk r M 5 N PAGE SIZE FDA POOR NOCOR SMF MISS I I ____-_-- A R L COPY LDNG REFUND NCHG Exempt from recording fees per government code 6103. l l ENCROACHMENT LICENSE TERMINATION a rn 8 P WHEREAS, James Alvah Burrows and Christina Burrows as joint tenants ("Licensee") DD are the owners of that certain property located in the City of Palm Springs, County of Riverside, State of California more particularly described on Exhibit "A" attached hereto and incorporated n herein by reference ("Property") more commonly known as 1080 Marshall Way, Palm Springs o H R California; and b w t w .a WHEREAS, the City is the owner of certain fee and/or easement interests ("City Property") in that certain real property located in the City of Palm Springs, County of Riverside, ° State of California, which is adjacent to the Property and more particularly depicted on Exhibit "B II attached hereto; and WHEREAS, on June 30, 1995 an Encroachment License was recorded in the official records of Riverside County;`for the sole purpose of allowing the prior owners of the Property, — -" and their successors, to build and maintain a block wall which encroached on the City Property, a true and correct copy of the Encroachment License is attached hereto as Exhibit "C"; and WHEREAS, on August 31, 2004, Licensee requested that the City terminate the Encroachment License because the block wall which required the license had been removed; and WHEREAS, Licensee obtained approval of the termination of the Encroachment License (#A3547), from the Palm Springs City Council in a meeting held on the 6th day of October, 2004, by the adoption of Minute Order No. 7565, a true and correct copy of which is attached hereto as Exhibit"D". NOW, THEREFORE: 1. As provided in Section 9 of the Encroachment License, the City does hereby certify that the Encroachment License and all covenants contained therein are hereby released by City in accordance with the Encroachment License. 2. This Notice of Encroachment License Termination shall be recorded. 1003/018/30510v1 IN WITNESS WHEREOF, the undersigned have executed this Termination as of the date first written above. CITY OF PALM SPRINGS, a municipal corporation By: ATTEST: City Manager ATTEST:: By: ,V Uk` Crty Clerk APPROVED AS TO FORM: ALESHIRE& WYNDER, LLP orne RECOMMENDED: By: 9,14, Director of Public Works 1003/018/30510v1 2 I 1l�llll lllllll IIl llllll llllll llll llllll1111111�llll IIII 01?�@ 2@or 08600R EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Lot 5 of the Tachevah Vista tract in the City of Palm Springs, County of Riverside, State of California as per map recorded in Book 21, Page 26 of maps, in the office of the County Recorder of said County. 003/01 8/3 05 10 v1 IIIIII illll I III IIIIII IIIIII IIII IIIII III IIIII IIII IIII 0i/2930�05 11 08�08R t] �' EXHIBIT" "BII, job ivYt �!7 Auettr 41 (31 I o `" ntca" I z IIOIII 11111111111111111111111111111111111111111111 IIII PRf)S-AA97AN , EXHIBIT ru01e County of Riverside) )ss. State of California ) I, Velma Burnell, Deputy City Clerk of the City of Palm Springs, California, do hereby certify that the attached copy of the Encorachment License between Bernard E. and Betty J. Miller, dated May 8, 1995, consisting of five (5) pages, numbered and initialed in red, is a true and correct copy and that same has not been amended'or altered. DATED this 29th day of November, 2004. VELMA BURNELL Deputy City Clerk (SEAL)' IIIIII Ilillll III IIIIII IIIIII IIII IIIIII III IIIII IIII IIII 01 2AA 5 of 11 8�00R MINUTE ORDER NO. 7565 APPROVING THE TERMINATION OF AN ENCROACHMENT LICENSE AGREEMENT 3547, BETWEEN THE CITY OF PALM SPRINGS AND BERNARD E. AND BETTY J. MILLER FOR CERTAIN REAL PROPERTY LOCATED AT 1080 MARSHALL WAY, PALM SPRINGS CA 92262, (APN 507-141-012). A 03547 I HEREBY CERTIFY that this Minute Order, approving the termination of an Encroachment License, Agreement 3547, between the City of Palm Springs and Bernard E. and Betty J. Miller for certain real property located at 1080 Marshall Way, Palm Springs, CA 92262, (APN 507-141-012), was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 6th day of October, 2004. j PATRICIA A. SANDERS 1 11G City Clerk a i III I IIII II IIII IIII I III IIIII III III II III IN 01 200 �08s00F RECEIVED FOR A :,IRE) AT 8%. OVLMK ' Bernard & Betty Miller FREE RECORDING REQUESTED BY Encroachment License AND WHEN RECORDED MAIL TO: Nu�7� n� Repair & Maintain 3' Wall 3 U 19% AGREEMENT #3547 R18630, 6-7-95 City Clerk ° Aroa+wwaMx�rma. J' � �_ P.O. Box 2743 50 Palm Springs, CA 92263-2743 Fog$ (� Ram-order's Use Only) ENCROACHMENT LICENSE m' &_r THIS ENCROACHMENT LICENSE (the "License") is entered into this 8th day of May, 1995, by and between Bernard E and Betty J. Miller, ("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 1080 Marshall Way, Palm Springs, CA 92262, (APN 507-141-012) , 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 a block wall which encroaches 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. 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. S. 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 C:\WP51\D0CUMENT\AGR\ENCR0ACH IIIIII IIIIIII III IIIIII IIIIII IIII IIIIII III IIIII IIII III 2005-0057880 G} e1/21r6 of 11 eeA � Q o£ 11 ,J� 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. S.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 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 C:\WP51\DOCUMENT\AGR\ENCROACH ryry i N T' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII III IIII au2�90 of 11e C) 211907 a,5 14 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: Marna Van Horn With Copy to: Rutan & Tucker Post Office Box 1950 Costa Mesa, CA 92628-1950 Attn: David J. Aleshire, Esq. Licensee: Bernard E. and Betty J. Miller 1080 Marshall Way 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 to and shall sun 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. 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. C:\WP51\D0CUMENT\AGR\ENCR0ACH i IIII IIIIIII III IIIIII IIIIII IIII IIIIII III IIIII IIII IIII 01 22�1�2005 0eE00F r„� j ( 211907 y ."LICENSER" e By: ! �+✓Y�wh e� r)4 Bernard E. Miller "' 8et J�Mi 1 (Licensee shall have signature notarized) ATTEST: I OF PALM SP NGS, nicipal a ion By:Cit erk ity ger APPROVED AS TO FORM: Rutan & Tucker City Att ne APPROVED BY CITY COUNCIL: 8y: APPROVED BY THSCITY COUNC11 Its: BYREES. NO. 8 (0 (0 - 7 Resolution No. : 13�7 STATE OF CALIFORNIA) SS. COUNTY OF RIVEERSIDE) 1 On `G�% ��(� c7 �9/`S before me, Liglt�b �. �l�f�fFG/cJD ZL, /J d2ite Notary Public, personatlnle-ypared roved �o tG�IL ac-sCi. s u Of `/✓/-• (!�/� �/t/f t��,/sfactory evidence to e the person whose named is�subscribed to the withi instrument and acknowledged to me t he/sh e executed the same in his/her/ i ELAINE L.WEDEKIND authorize capacity and that by his her ' o COMM. 1043857 signatures on the instrument the perso , or the '•' '"" ",;` entity upon behalf of which the person(D acted, z ?""F*.„ Notary Public—California Y P Z *""` RIVERSIDE COUNTY executed the instrument. My Comm,Expires FEB 3,1999 WITNESS my hand/ and ffic seal. O (SEAL) STATE OF CALIFORNIA) SS. COUNTY OF RIVERSIDE) ) Q On -y 9s before me, 9 7u8�i� date�// I/ Notary Public, personally appeared Y gersonally known to me ^.�'ovod t- me on tho basin of,f ati__�-ry evidence (/ to be the person 0 whose name(® is subscribed to the within instrument and acknowledged to me t� _ he/she he - execute he same in his/her/ e authorized capacity ie and that by his/her hei +.... ELAINE L.WEDEKIND signature(g) on the instrument the personQ , or t e COMM,#1048857 entity upon behalf of which the person(D acted, Notary Public—California executed the instrument. RIVERSIDE COUNTY My Comm,Expires FEB 3'1999 WITNESS my hand andcial seal. ' S S I URE �T()3'ARY' (SEAL) C:\WP51\D0CUMENT\AGR\ENCROACH II IIIII III HE 1111111111111111111111111111IN 01��09aof'5isSaeR EXHIBIT "A"DEPICTION OF CITY PROPERTY AND ENCROACHMENT c���6 Lot 5 Of Tachevah Vista Tract an shown in Map Book 21, Page 26 of records Of the County of Riverside Recorder's Office, Riverside County, California - wA y ;gSWC jTE 7NASf1 B/N 70 �' F.F. EL. 5061,77 Nr 91 # t .G..¢9A.27._�! .F G.st 8.7 " SIMI 2t74:1S � vIl 77— —��i98,77 `I�E B /Mp 7 498.39 J OY :}- ,,yam, STA. Zt3S•?7� • Anh .y ° rn�K Wsl 91. 4�fl 3w1'�' SN /D9D -159 e f�. sF�sN�Er ,vo. 2 FdR - GONG:"W=/6 PI�OfYLES DF WeST/r`EAST 611,95 EXHIBIT "A" TO ENCROACHMENT AGREEMENT IIIIIIIIII�III�'IIIIIIII�III1Illllll�llllllllllll�lll�l er z00z�aes�Qe�eaR "`''�� RECEIVED FOR AM CORD h7 8100 O'CLOCK Bernard & Betty Miller FREE RECORDING REQUESTED BY Encroachment License AND WHEN RECORDED MAIL TO: Repair & Maintain 3' Wall 301995 AGREEMENT #3547 -;; R18630, 6-7-95 City Cleric R�cow0 InoradP�L P.O. Box 2743 50 0AkW *ft".c+wn'. i;�w e' Somedu Palm springs, CA 92263-2743 �!\�' `,y� - fats$—(- lei order's Use Only) ENCROACHMENT LICENSE ,=701" i(ed j1 THIS ENCROACHMENT LICENSE (the License") is entered into this 8th day of May, 1995, by and between Bernard E.gand Betty 7. Miller, ("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 1080 Marshall Way, Palm Springs, CJA 92262, (APN 507-141-012) , 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 a block wall which encroaches 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. 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, 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 C:\WP51\DOCUMENT\AGR\ENCROACH 2 ! 1007 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 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 C:\NP51\DOCUMENT\AGR\ENCROACH i ! 211907 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: Marna Van Horn With Copy to: Rutan & Tucker Post Office Box 1950 Costa Mesa, CA 92628-1950 Attn: David J. Aleshire, Esq. Licensee: Bernard E. and Betty J. Miller 1080 Marshall Way 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 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. is. 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. 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. C:\WP51\DOCUMENT\AGR\ENCROACH 21119Q7 "LICENSEE" By: !f� u e.y� Bernard E. Miller Bety JG4 Miller (Licensee shall have signature notarized) ATTEST: C OF ;ge P NGS,mur a ionBy: By:City_C1erk C'tyr APPROVED AS TO FORM: Rutan & Tucker City Atto4 APPROVED BY CITY COUNCIL: By: Its: �7 Resolution No. : STATE OF CALIFORNIA) SS. COUNTY OF RIVERSIDE) jf ^ On before me, e¢1,L,1e. ✓/. �i f/1Ff�/.(�1� �snS,Licr/w'•�'�/� date Notary Public, personally appeared y�s 0 6/ O ge-r ona-l-l-y-known-to me OR droved to me on the basis of 0`a�4sfactory evidence to the personQ whose name�:s is�subscribed to the within instrument and acknowledged to me "j:jLat he/she executed the same in his/her/ ire [IAING L.N/EDEI<W authorized capacityCCIJ l and that by his/her the rr> si natures on the instrument the erso LL,.;..r COMM. 104G357 g �� p �� or the z r=� � y',„r.;' NotaryPublic—California entity upon behalf of which the person& acted, RIVERSIDE COUNTY executed the instrument. My Comm.6qpires FED 3,1999 WITNESS /my hand / and offic' I seal. (SEAL) NOTARY'S SIGNATURE (` STATE OF CALIFORNIA) SS. COUNTY OF RIVERSIDE) yD On before me, ,f t,y �, Z. fC date Notary Public, personally appeared Cc.1, r .?sue� ersonally known to me OPL-2--p-ro=ped-to-we�t.l�e_basi -sfact-or_y_eui-elence- to be the person whose name(® is/©subscribed to the within instrument and acknowledged to me tha he/she, they'-_, executed the same in his/her/ .el-- authorized capacity ies and that by his/her heir m '•• ELFIINE L.WEDEKIND signature 50 on the instrument the person Qs , or the g ? _., COMM.4 1048857 ? entity upon behalf of which the persontD acted, F' " Notary Public—California ti executed the instrument. ? w .r RIVERSIDE COUNTY ■J °•'/ Nly Comm.Dp res rEB 3,1999 WITN/ES�S my hand, and �of£'cial /seal. (SEAL) -NOTARY'S SICmtvuRE C:\WP51\D0CUMENT\AGR\ENCR0ACH EXHIBIT "A" DEPICTION OF CITY PROPERTY AND ENCROACHMENT Lot 5 of Tachevah Vista Tract an ;shown in Map Book 21, Page 26 of records of the County of Riverside Recorder's Office, Riverside County, California �125Hz l L &� `� W U -y 4j y6LOcgTE TRASH B/,V �0,70 F.F, EL, 50 77 b 4 /080 41, 5 � J F,F EL. 499,5a 3 /0686 is' 3 s• 1� � �- I ' i T.C. 49 .Z7— /DEMO✓E A C B M ' �� �— — ✓ { 6 B.39 \0 6. 497.B9 •�N STA, 24-4.6 E- C. I / . `� ST/�. Zt3B•O� I 0,6 io init {y GO ,, 1090 FF. EL• 497, 95 30 bl 1 .{, A,G 9 1065 99 3¢ F,F, EL. 496 95 7„ _ SHEET - No. Z FoR co.�vc:tV=/6T� �, PROF/LES of NEST EAST G7Jti6 -�---- EXHIBIT "A" TO ENCROACHMENT AGREEMENT