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HomeMy WebLinkAboutA3167 - RJB II LIMITED PARTNERSHIP LICENSE AGR ANDREAS HILLS BOGERT TRAIL BARRIER RJB-II Limited Partnership (RJB) - License Agreement Bogert Trail Barrier AGREEMENT #3167 LICENSE AGREEMENT CM Signed, 11-5-92 THIS LICENSE AGREEMENT ("Agreement") is made by and between RJB-II LIMITED PARTNERSHIP, an Illinois limited partnership (hereinafter referred to as "RJB") , and the CITY OF PALM SPRINGS, a municipal corporation organized under the laws of the State of California (hereinafter referred to as "City") , with reference to the following facts: RECITALS: A. RJB is the owner of certain real property located in City of Palm Springs, County of Riverside, State of California, as described in Exhibit "A" attached hereto (hereinafter referred to as the "RJB Property") . B. City and a number of homeowners in the Andreas Hills area of Palm Springs maintain that third parties have been trespassing on the RJB Property and creating a nuisance. C. City desires to place a chain across the road access to the RJB Property, which is intended to deny access to the RJB Property to third parties who have no legal right to gain access to the RJB Property. D. RJB agrees and consents to the City's placement of a chain across the road access to the RJB Property pursuant to the provisions of this Agreement, as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I GRANT OF LICENSE TO CITY 1. 1 GRANT OF LICENSE. RJB hereby grants to City a license to install a chain barrier across the road access to the RJB Property. The chain barrier shall consists of posts, a chain, or other fencing material deemed reasonably required by the City to deny access from the end of Bogert Trail to the dirt road accessing the RJB Property (the "Barrier") . The Barrier may be located on the RJB Property, or in the alternative may be located in the public right-of-way adjoining the existing dirt road, so as to preclude access to the RJB Property. In the event that RJB decides to revoke this license, City agrees to remove the Barrier, insofar as it is located on the RJ13 Property or blocks access to the RJB Property, within thirty (30) days following written notice from RJB of said. revocation. 1.2 NATURE OF LICENSE. This license is personal to the City. It is nonassignable, and any attempt to assign this license shall terminate it. 1.3 ACCESS TO RzrB PROPERTY. City hereby agrees, that immediately upon installation of the Barrier, it shall provide RJB with a key to unlock the Barrier in order to permit RJB to gain access to the RJB Property. Said key shall be provided to Kipp Ian Lyons, Esq. , 400 South Farrell Drive, Suite B 200-2, Palm Springs, California, as legal counsel for RJB. City further agrees, that immediately upon installation of the Barrier, it shall provide all utility companies (specifically including the Desert Water Agency) , 2 or other governmental agencies with existing access rights through the Barrier, with a key to unlock the Barrier in order to permit said companies and/or agencies to gain access to the RJB Property. 1.4 CONSTRUCTION AND MAINTENANCE. In the event that any portion of the Barrier is installed on the RJB Property, the City agrees that it shall keep the RJB Property free and clear of all mechanics' liens, and shall indemnify and hold RJB harmless from any and all mechanic's liens or other damages, including reasonable attorneys' fees, resulting from construction or improvements performed by the City within the boundaries of the RJB Property. 1.5 INSURANCE AND INDEMNITY. The Contractor engaged by the City to construct the Barrier ("Contractor") shall be required by the City to maintain such property and liability insurance as is reasonably required by RJB during the period the Contractor is constructing the Barrier. City shall require Contractor to indemnify and hold harmless RJB from any and all damages, costs, expenses, losses, attorneys' fees and liabilities arising out of any damage to any person or property occurring in, on or about the Barrier during the period the Barrier is being installed resulting from any alleged negligence or wrongdoing in connection with the installation of the Barrier. ARTICLE II MISCELLANEOUS PROVISIONS 2. 1 ENTIRE AGREEMENT. This instrument contains the entire agreement between the parties relating to the rights herein 3 granted, and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 2.2 ATTORNEYS' :FEES. In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing parity shall be entitled to recover from the losing party reasonable expenses, attorneys' fees, and costs. 2 .3 COUNTERPARTS. This Agreement may be executed in any number of counterparts. Each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one Agreement. IN WITNESS WHEREOF, the parties hereto have executed this instrument this day of No\iemlrr r 1992 • RJB: RJB-II LIMITED PARTNERSHIP an Illinois limited partnership By: Wayne Moretti CITY: ATTES CITY\OF %Sp 3N CALIFORNIA By C rC� q City Rana er y REVIEWED & APPROVED: P�. ILI.3I�� 4 EXHIBIT "A" Description of RJB Property i PARCEL l: THAT PORTION OF SECTION 1, TOWNSHHIP S SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: NORTH HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, AND THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-42UARTER OF THE NORTHWEST ONE-QUARTER, OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, AND THE SOUTH THREE-QUARTERS OF THE EAST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, AND THE SOUTH THREE-QUARTERS OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 1. PARCEL 2: AN ACCESS ROAD AND PIPELINE EASEMENT DESCRIBED AS FOLLOWS: A STRIP OF LAND 30.00 FEET IN WIDTH BEING A PORTION OF SECTION 1, TOWNSHIP 5 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, THE CENTERLINE OF SAID STRIP OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EXISTING RIGHT-OF-WAY 35.00 FEET IN WIDTH, CONVEYED TO DESERT WATER AGENCY BY GRANT OF EASEMENT RECORDED ON JUNE 21, 1973 AS INSTRUMENT NO. 80961, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AND THE EXISTING GRADED ROAD APPROXIMATELY 200 FEET NORTHEASTERLY OF ANDREAS HILLS DRIVE; THENCE SOUTHERLY AND SOUTHEASTERLY AND GENERALLY ALONG SAID EXISTING GRADED ROAD APPROXIMATELY 650 FEET TO PARCEL 1 DESCRIBED ABOVE. 5 KIPP IAN LYONS ATTORNEY AT LAW A ER MEMBER SUITE 6 200-2 TELEPHONE (619) 320-1213 WASHINGTON STATE BAR 400 SOUTH FARRELL DRIVE TELECOPIER 1619) 320-2466 PALM SPRINGS, CALIFORNIA 92262-7964 November 9, 1992 City of Palm Springs Office of the City Manager P.O. Box 2743 Palm Springs, CA 92263-2743 Attention: Rob W. Parkins City Manager Re: License Agreement Betwreen RJB-II Limited Partnership and the City of Palm Springs Dear Mr. Parkins: Enclosed herein are three original copies of the License Agreement in the above matter, which have been signed by our client, Wayne Moretti on behalf of RJB-II Limited Partnership. Please sign the Agreement on behalf of the City of Palm Springs and return one fully executed copy to our office. If you have any questions concerning this matter, please do not hesitate to contact me. Very p/truly yours, R. IAN LYONS KIL:pkg cc: RJB-II Limited Partnership Patrick D. McCalla, Esq. David Aleshire, Esq. Manny Segal, Fey's Canyon Real Estate ,.T J�,..., 1 1 E�, �,� R , Jl ,A `� -� �' (619) 173120=( November 19, 1992 MR. KIP IAN LYONS Suite B 200-2 400 South Farrell Drive Palm Springs, CA 92262-7964 RE: License Agreement betwcci 70-II LTD. , Partnership and the City of Palm Springs Dear Mr. Lyons: Enclosed herein is one original copy of the above mentioned agreement. Should you have any further questions, please do not hesitate to contact our office. Most Sincerely, PATRICIA A. SANDERS Assistant City Clerk enc. cost whrc Box 2743, PAm SW ioga. (Monua 922630743 r v ! G10i519 Da,6vR Kipp z�v � 1, ALSO NENBE� SUITE B / I� w, ) aa��((jj� 1 WnSnInGTOn Si>iE 6ii Ilf,\fV.J(/�/V`pf��(f/j ' �//� a00 Pa�X SPAT__\'G5. Carr August 14 , 1992 5 x i ,_r..- .- . Mr. Gary Bitterman BUILDING DIV1510N Building Department City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263 Re: License Agreement RJB-II Limited Partnership and City of Palm springs Dear Mr. Bitterman: Enclosed herein are the duplicate originals of a License Agreement in the above captioned matter. Please review the document and if it meets with the City's approval, please have the City Manager execute both originals and return both originals to this office for signature by Mr. Wayne Moretti on behalf of RJB-II Limited Partnership. Our office will provided you with a fully executed original . If you there are any changes, additions or deletions the City would like, please call me to discuss them. Thank you for your courtesy and cooperation. Very truly yours, 4`1 q-I �-`j) K. I LYONS KIL:Pkg i Enclosures n cc: Mr. Wayne Moretti nc (with enclosure) ��L 3 4 LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is made by and between RJB-II LIMITED PARTNERSHIP, an Illinois limited partnership (hereinafter referred to as "RJB") , and the CITY OF PALM SPRINGS, a municipal corporation organized under the laws of the State of California (hereinafter referred to as "City") , with reference to the following facts: RECITALS: A. RJB is the owner of certain real property located in City of Palm Springs, County of Riverside, State of California, as described in Exhibit "A" attached hereto (hereinafter referred to as the "RJB Property") . B. City and a number of homeowners in the Andreas Hills area of Palm Springs maintain that third parties have been trespassing on the RJB Property and creating a nuisance. C. City desires to place a chain across the road access to the RJB Property, which is intended to deny access to the RJB Property to third parties who have no legal right to gain access to the RJB Property. D. RJB agrees and consents to the City's placement of a chain across the road access to the RJB Property pursuant to the provisions of this Agreement,, as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I GRANT OF LICENSE TO CITY 1. 1 GRANT OF LICENSE. RJB hereby grants to City a license to install a chain barrier across the road access to the RJB Property. The chain barrier shall consists of posts, a chain, or other fencing material deemed reasonably required by the City to deny access from-the end of Bogert Trail to the dirt road accessing the RJB Property (the "Barrier") . The Barrier may be located on the RJB Property, or in the alternative may be located in the public right-of-way adjoining the existing dirt road, so as to - preclude access to the RJB Property. In the event that RJB decides to revoke this license, City agrees to remove the Barrier, insofar as it is located on the RJB Property or blocks access to the RJB Property, within ten (10) days following written notice from RJB of said revocation. 1. 2 NATURE OF LICENSE. This license is personal to the City. It is nonassignable, and any attempt to assign this license shall terminate it. 1. 3 ACCESS TO RJ13 PROPERTY. City hereby agrees, that immediately upon installation of the Barrier, it shall provide RJB with a key to unlock the Barrier in order to permit RJB to gain access to the RJB Property. Said key shall be provided to Kipp Ian Lyons, Esq. , 400 South Farrell Drive, Suite B 200-2 , Palm Springs, California, as legal counsel. for RJB. City further agrees, that immediately upon installation of the Barrier, it shall provide all utility companies (specifically including the Desert Water Agency) , 2 l r or other governmental agencies with existing access rights through the Barrier, with a key to unlock the Barrier in order to permit RJB to gain access to the RJB Property. 1. 4 CONSTRUCTION AND MAINTENANCE. In the event that any portion of the Barrier is installed on the RJB Property, the City agrees that it shall keep the RJB Property free and clear of all mechanics' liens, and shall indemnify and hold RJB harmless from any and all mechanic's liens or other damages, including reasonable attorneys' fees, resulting from construction or improvements performed by the City within the boundaries of the RJB Property. 1. 5 INSURANCE AND INDEMNITY. City shall maintain reasonable and adequate insurance covering the Barrier improvements. Said property and liability insurance shall be in the amount of the current, and/or future, limits of the insurance policies maintained by the city for properties owned by the City. City shall indemnify and hold harmless, RJB from any and all damages, costs, expenses, losses, attorneys' fees and liability arising out of any damage to any person or property occurring in, on, or about the Barrier resulting from any alleged negligence or wrong-doing in connection with the installation or maintenance of the Barrier. ;ARTICLE II MISCELLANEOUS PROVISIONS 2 . 1 ENTIRE AGREEMENT. This instrument contains the entire agreement between the parties relating to the rights herein 3 r granted and the obligations herein assumed. Any oral representations or modifications conberning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 2 .2 ATTORNEYS' FEES. In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys' fees, and costs. 2 . 3 COUNTERPARTS. This Agreement may be executed in any number of counterparts. Each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one Agreement. IN WITNESS WHEREOF, the parties hereto have executed this instrument this day of 1992 . RJB: ' RJB-II LIMITED PARTNERSHIP an Illinois limited partnership By: Wayne Moretti CITY: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Manager REVIEWED & APPROVED: 4 C ' EXHIBIT "A" Description of RJB Property i PARCEL 1: - THAT PORTION OF SECTION 1, TOWNSHIP S SOUTH, RANGE 4 EAST, SAN BERNAF.DINO K2RIDIAN, MORE PARTICULARLY ❑ESCRIBED AS FOLLOWS: NORTH F.A.LF OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF.THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, AND THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE. NORTHWEST ONE-QUARTER, OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, AND THE 500TH THREE-QUARTERS OF THE EAST OF TY-7 SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, AND THE SOUTH THREE-QUARTERS OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUART'cR OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 1. PARCEL 2: AN ACCESS ROAD AND PIPELINE EASEMENT DESCRIBED AS FOLLOWS: A STRIP OF LAND 30.00 FEET IH WIDTH BEING A PORTION OF SECTION 1, TOWNSHIP 5 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, THE CENTERLINE OF SAID STRIP OF LAND - DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EXISTING RIGHT-OF-WAY 35 .00 FEET IN WI➢TH, CONVEYED TO DESERT WATER AGENCY BY GRANT OF EASEMENT RECORDED ON JUNE 21, 1973 AS INSTRUMENT NO. 80961, OFFICIAL, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, ' AND THE EXISTING GRADED ROAD APPROXIMATELY 200 FEET NORTHEASTERLY OF ANDREAS HILLS DRIVE) THENCE SOUTHERLY AND SOUTHEASTERLY AND GENERALLY ALONG SAID EXISTING GRADED ROAD APPROXIMATELY 650 FEET TO PARCEL 1 DESCRIBED ABOVE. 5