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CITY OF PALM SPRINGS > F x 10 'r'
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PO Box 2743 * n w
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Attn: Ma�;Er--V ern-
`'f'�"'I�'���`1��'��'' (For Recorder's Use Only) a
ENCROACHMENT LICENSE
THIS ENCROACHMENT LICENSE (the "License") is entered into this 22nd day of
June, 1993, by and between Richard Calderhead and Barbara Chapman-Calderhead,
("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
431 Monte Vista Drive, (APN 513-211-013) , 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
depitcted on Exhibit "B" ("City Property") .
C. Licensee desires to construct a 6'high block wall which will encroach
o, the City property in the location depicted on Exhibit "B" attached hereto and
i.acorporated 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 Encooachment, 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 plana and specifications to be submitted to and approved by the
City of Palm Springs Department of Building and Safety before Licensee commences
1�erformance of any work on Licensee commences performance of any work on Licensee
rroperty.
4. Maintenance. Licensee shall have the right and obligation to
maintain, repair and replace, at its own cost and expense, the Encroachment so
: s to keep the Encroachment area in a neat, clean, first c_ass 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 .-he 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
oursuant 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,
:.ts 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
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433573
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
chat 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 determine; that the City Property or any part thereof will be used for
,= 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
Eeicroachment, 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 encorachment 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: City Engineer
With Copy to: Rutan & Tucker
Post Office Box 1950
Costa Mesa, CA 92628-1950
Attn: David J. Aleshire, Esq.
Licensee: Richard Calderhead and Barbara Chapman-Calderhead
40 Park Ave. , Apt. 15D
New York, NY 10016
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,
C.lunty 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.
"LICENSEE"
B
Richard Calderhead
7 tsy:�;✓"r1���+-E!""�'_v-' ,(7� ' �y;�.,c�P_r%'J>.k':..�;9"�,'��'
�s Barbara Chapman alderhead "
(Licensee shall have signature notarized)
ATTEST: CITY OF PALM R GS,
�mur;icip c ration
By:.. \ _ a
By:
City' Clerk ana r
APPROVED AS TO FORM:
Rutan &Tucker
City At rney
APPROVED BY CITY COUNCIL:
By:
Its:
Resolution No. :
STATE OF NEW YORK)
SS.
COUNTY OF NEW YORK)
On �� �..���t 'IJ1,� t �...- before me, J d Cl'��EFs1� 6'-ll >'A-�6r<"a �)
date
Nota Publ 'e, personally appeared Tati`�('1.('tl'� �d%L�C' i•'F'dJu4l,� f � f;({�.lJy°ff✓f r`��t'L'� 6roA./S'I
�, ,_, a�i" , ;{ 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 nd official seal.
R
. X L 14\
(SEAL) NOTARY'S SIGNATURE
WRLIAM S.MARSIT
Nm>KY No 37 4663655 Now
Y�
STATE OF CALIFORNIA) Coniificate Filed in New York Counttyy
S S. Commission Expires November 30,14r.:�
CUNT/Y) OF RIVERSIDE)
On h!i"2%;� /'�/- ✓� before me,
ciate
N tary Public, personally appeared ,��
/Zpersonally known to me OR-Op-r-oveeL to-me-on-the-;Hasia-of s,altisf-actoiy evidence
to be the person j wlto/se nametsJ, is(�e>
subscribed to the within instrument and
acknowledged to me thkt he/sh t xecuted the
same in his/her th irs e ' aphorised capacity(-.eS r
^^`• ELAINE L.SCHWARTZ and that by his/her theirl signature(D on the
instrumenu the erson "s)�, or the entity upon
COMM.i9Q5580 � P � -
' IVofcryPubllc-California behalf of which the person OR)) acted, executed the
RIVf:R51D�t'0l;NN instrument.
WITNESS my hand and official seal.
I' g
NOTARs• S SIGNATURE
(SEAL) /
433578
EXHIBIT "A°
DEPICTION OF CITY PROPERTY AND ENCROACHMENT
Lot 45 of Tahquitz Park # 2, as per Map Book 19, Page 2 of maps, records of
Riverside County, CA.
EXHIBIT "A"
TO ENCROACHMENT AGREEMENT
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