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HomeMy WebLinkAboutA3264 - DESERT HOSPITAL 1150 INDIAN STORM DRAIN ENCROACHMENT Ic • uq J 2 FREE RECORDING REQUESTED BY p 0 S. M .AND WHEN RECORDED MAIL TO: p c a s �- c-) o in a' —._- w CD� d3 CITY OF PALM SPRINGS \ ^,s F ){ 4� W r� PO Box 2743 J LU !� Palm Springs, CA 92263 �, Attn: Engineering Division ul = -o z T p W C (For Recorder's Use Only) W '— Yi N i0 Wfn ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT.' ("Agreement") is entered into this 25th day of March, 1993, by and between Desert Hospital Corporation (Lessee from Desert Hospital District) , ("Applicant") , whose address is 1150 Indian Canyon Drive North, Palm Springs, CA 92262, and the CITY OF PALM SPRINGS, a municipal corporation ("City") , whose address is PO Box 2743, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263, Attn: Department of Public Works/Engineering Division. R E C I T A L S: A. Applicant is the owner of that certain real property located in the City of Palm Springs, County of Riverside, State of California commonly known as 1150 Indian Canyon Drive North, 'Palm Springs, California 92262, (APN (Part Of) 507-070-009) , more particularly depicted on Exhibit "A" attached hereto and incorporated herein by reference ("Applicant Property") . 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 "A" ("City Property") . B. Applicant desires to construct and maintain a 15" R.C.P. storm drain line on the City property ("Encroachment") , which encroachment is more particularly depicted on Exhibit "A" ("Encroachment") . City has agreed to grant to Applicant 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 Applicant executes this Agreement. NOW THEREFORE, the parties hereto agree as follows: 1.0 License. The City hereby grants to Applicant a license revocable or relocatable with or without cause at any time by the City to construct and/or maintain the Encroachment upon all of the terms and conditions of the Permit and this Agreement ("License") . 2.0 Covenants. 2.1 In General. Applicant hereby agrees to construct, maintain, relocate and remove the Encroachment in accordance with Chapter 14 .16 of the City of Palm Springs Municipal Code, as amended from time to time. 2.2 Maintenance. Applicant shall maintain, repair and replace the Encroachment and the City Property so as to keep the Encroachment and such area in a neat, clean, first class condition and in good order and repair, free of weeds, trash and debris at all times. In the event Applicant does not maintain the Encroachment and the City Property as required herein, the City may terminate the License as more particularly provided in Section 3 .0. 2.3 Indemnity. Applicant 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) applicant 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) applicant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities and Applicant 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 Applicant for such damages or other claims arising out of the location, construction, maintenance, relocation or removal of the Encroachment, Applicant 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 C:\WP51\DOCUMENT\AGR\ENCROACH 253884 such action or proceeding, including, but not limited to, legal costs and attorneys fees. 2.4 Covenants Running With the Land. The covenants and restrictions by Applicant set forth in this Agreement: (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 Applicant and every person having any fee, leasehold or other interest in arty portion of the Applicant 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. 3.0 Termination. The License is terminable with or without cause by the City at any time. Applicant shall remove the Encroachment and restore the City Property to its former condition, at Applicant's sole cost and expense, within thirty (30) days of written notice from the City. In the event Applicant 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. Applicant shall immediately reimburse the City for all out of pocket expenses expended to remove the Encroachment and restore the Property. Said amounts shall accrue interest from the date expended by the City at the maximum non-usurious interest rate permitted by law. 4.0 Miscellaneous. 4.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent prepaid, first-class mail to the addresses listed on the first page of this Agreement. Either party may change its address 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 4.1. 4.2 Attorneys Fees. In any action between the parties hereto seeking enforcement of this Agreement, 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. 4.3 Amendment or Modification. This Agreement may not be modified or amended except by written agreement executed by the then-owner of the Applicant Property and the City Property and recorded in the Office of the County Recorder, County of Riverside, California. 4.4 Governing Law., This Agreement shall be governed by and construed in accordance with the laws of the State of California. 4.5 Severability. The invalidity or unenforceability of any provision of this Agreement 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. —,.��-(�' A..vtc� cant" (APPLICANT MUST HAVE SIGNATURE NOTARIZED) CITY OF PA S N S munim. al orp t' RV! By: C y ngineer Directo o `Public Works "City" APPROVED AS TO OWNERSHIP & LEGAL DESCRIPTION ' J ,, By:��ayn,i VwYl t� y i C:\WP51\DOCUMENT\AGR\ENCROACH x 253884 STATE OF CALIFORNIA) SS. COUNTY OF RIVERSIDE) On J ,,,L �, , kgg3 before me, 'v'1=2NA ii� - date personally appeared 0 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 oFPICIAL Sc,n , same in his/her/their authorized capacity(ies) , and that by his/her/their signature(s) on the ° ,- Verna M. Lo',_ I instrument the person(s) , or the entity upon NOTARV PUBLIC RIVERSIDE COUNTY behalf of which the person(s) acted, executed the RIVERSIDE COUNTY ,F H My Comm.Expires June 23.1995 instrument. Witness my hand and official seal. ENc9230c\-\rI'�-�'T -8 C16'Et= lxni:,�� Signature of Notary, . -Veo 312sJ9s (SEAL) AMarissi CALIFORNIA ALL-PURPOSE ACKNOWLEOGMENT No 5193 State of 0.9 A 0 t l OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER i„ County Of Though statute does not require the Notary to fill in the data below, doing so may prove i before me nn� invaluable to persons relying on the document On - a 5-43 0 vt �(�A P �102/1 I ,� Q, ❑ INDIVIDUAL , A T GATE (}NAME,TITLE OF F 10E�E.O.,"JANE OE,NOTARY,P SLIC" jd„ .1 'i`' ��� CORPORATE OFFICER(S) f' personally appeared VVJJ � of {t :pp NAMES)OF SIGNER(,,) TITLE(S) personally known to me-OR -El i1Lp.Ved-te-me-ent-the-bass ❑ PARTNER(S) ❑ LIMITED 11 to be the erson GENERAL p (�1 whose name(t) is/are ❑ �z subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT +n knowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/,.h authorized ,�-r,-�-p.Fghr,�„ r� ' J'd'DiTtI A.NI(RGdS Capacltyl, &&), and that by his/hhQ+44R' ❑GUARDIAN/CONSERVATOR ,01 x. Comm.#966544 SlgnatUre(� ON the instrument the person$), OTHER: „f NDT�wrssiidifftnnrttP� D or the entity Upon behalf of which the r� �• • My Camm.Expires Msy 21,1996-+ personO acted, executed the instrument. SIGNER IS REPRESENTING: ^" WITNESS my hand and Off lClal Seal. NAME OF PERSON(S)OR ENTITY(IES) bI� t'D 0 f. f,j l\1 SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT. NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, ji it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE I _ ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave,P.O BOX 7184•Canoga Park,CA 91309 7184 C:\WP51\D0CUMENT\AGR\ENCROACH s • n. �w, �,v,u _ .. ., ... �� I� } 4 I�i P.. EXHIBIT "A" 253884 DEPICTION OF CITY PROPERTY AND ENCROACHMENT U 62.00' _ ST RM DRAIN LINE o CR SSES INTO CITY 53.62' Q RI HT-OF-WAY w J 6 � 13 N O H C] m v F- z w p : p1 :cm � N Ir z m 57,09' w w 0 a h DESERT HOSPITAL ¢ PARKING LOT "F" a /N d m � e 3 O• O O N00 45.01' o 11' X 4.2' oN OUT ET z / STR CTURE �\ ti 50.00, Q ` uj H en J \ U ¢ N ZG } H Lo H U m Z Q C� 9 z Q H © \ Z - - H I W. 1/4 COR. SEC. li. T.4 S.. R.4 E., S.S.M. TACHEVAH DRIVE EXHIBIT "A` TO ENCROACHMENT AGREEMENT