HomeMy WebLinkAboutA3162 - HALLMARK UNITED COMMUNITY HOUSING DEVELOPMENT SENIOR 344 N SUNRISE R17970 United Community & Hsg Dev
Corp-Bill Sale/Grant Easement
Art Work - 344 N. Sunrise
V AGREEMENT #3162
RECORDING REQUESTED BY N R17970, 10-21-92
AND WHEN RECORDED MAIL TO:
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GRANT OF EASEMENT AND AGREEMENT
This Grant of ,Easement and Agreement (this "Agreement")
is made as of (')i La--��i_- ,q , 199,E by and between
UNI__TED COMMUNITY AND HOUSING DEVELOPMENT CORPORATION
("Grantor") and the CITY OF PALM
SPRINGS, CALIFORNIA, a municipal corporation (the "City") .
R E C I T A L S•
A. Grantor is the owner of that certain real property
located in the Countv of Riverside, State of California, more
particularly described on Exhibit "A" attached hereto
("Grantor's Property") .
B. City is the owner of a certain work of art ("Art
Work") created by Tna Fay ("Artist") which
Grantor desires City to locate on a portion of Grantor's
Property.
C. To facilitate location of the Art Work upon
Grantor's Property, Grantor desires to grant to City an
easement for purposes of placing the Art Work on Grantor's
Property as more particularly provided herein.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein and other good and valuable consideration,
the parties hereby agree as follows:
1. Grant of Easement. Grantor hereby grants and
conveys to City a perpetual non-exclusive easement in gross
over that portion of Grantor's Property legally described or
depicted on Exhibit "B" attached hereto and incorporated
EXHIBIT "C"
TO AGREEMENT FOR PURCHASE AND SALE
FS213471014084-"1120U1591.1 08/18/92 ^ � .
420310
herein (the "easement area") for purposes of placing the Art
Work thereon and for access over and across the Grantor's
Property and for purposes of maintaining, repairing and
replacing, if necessary, the Art Work and for the removal
thereof.
2 . Maintenance. Grantor hereby agrees to maintain the
easement area, including all access paths, landscaping and
other improvements, in first class condition, and shall
maintain the Art Work .in first class condition and shall
perform all maintenance recommended by the Artist with respect
to the Art Work. Grantor shall repair and/or replace any
damage to the Art Work within fourteen (14) days of such
damage being discovered.. In the event any graffiti is
discovered on the Art Work, Grantor shall remove such graffiti
on the same day it is discovered. It is the intent of the
parties that so long as the Art Work remains on Grantor's
Property, Grantor shall keep, maintain, repair and replace the
Art Work such that it remains in a good, clean and first class
condition and of the highest quality. Materials used to
restore, repair or replace any portion of the Art Work shall
be of equal or better quality than the original materials used
in the Art Work. When necessary, Grantor shall consult the
Artist or another competent art work conservationist or
restoration specialist to determine the best methods of such
restoration or repair. All such maintenance, repair,
replacement and restoration shall be at the sole cost of
Grantor.
3 . Insurance. Grantor shall procure and maintain, at
its sole cost and expense., in a form and content satisfactory
to City with an insurer qualified to do business in California
and rated "A" or better in the most recent edition of Best
Rating Guide with a financial class category of Class VII or
better, unless such requirements are waived by the Risk
Manager of the City, during the entire term of this Agreement
and at all times while the Art Work is located on Grantor's
Property, the following policies of insurance:
(a) Comprehensive General Liability Insurance. A policy
of comprehensive general liability insurance written on a per
occurrence basis, together with a Broad Form CGL Endorsement
and insuring against contractually assumed liability which
shall specifically insure Grantor's indemnity obligations
under Section 4 below. The policy of insurance shall have a
combined single limit liability of One Million Dollars
($1, 000, 000. 00) .
-2-
PSM4T014084-000112007391.1 09118M
. 420310
ragac�
(b) Workers' . Comtlensation Insurance. A policy of
workers' compensation insurance in an amount as would fully
comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for both
Grantor and the City against any loss, claim or damage arising
from any injuries or occupational hazards or diseases
occurring to any worker employed by or any person retained by
Grantor in the course of carrying out the obligations of this
Agreement.
(c) Fine Arts Insurance. Grantor shall procure and
maintain on behalf of City, as the owner, fine arts insurance
on the Art Work on all risk form with limits not less than
Twenty Five Thousand Dollars ($ 25,000.00 ) and a
deductible not to exceed One Thousand Dollars ($1, 000. 00) for
each loss. The payment of any deductible amount shall be the
responsibility of Grantor.
All of the above policies of insurance shall be primary
insurance and shall name the City, its officers, employees and
agents as additional insureds; with the exception of the fine
arts insurance which shall name only the City as an insured.
The insurer shall waive all rights of subrogation and
contribution it may have against the City, its officers,
employees and agents and their respective insurers. All of
such policies shall provide that such insurance may not be
amended or cancelled without providing thirty (30) days prior
written notice by registered mail to the City. In the event
any of such policies are cancelled, Grantor shall, prior to
the cancellation date, submit new evidence of insurance in
conformance with the requirements of this Section 3 . Grantor
shall provide the Commission with Certificates of Insurance
evidencing the insurance coverages and policies required
hereunder. Grantor agrees that the existence of any insurance
shall not limit or otherwise affect Grantor's obligations
under this Agreement.
4 . Indemnification. Grantor hereby agrees to
indemnify, defend and hold harmless the City, its officers,
agents and employees from and against any and all actions,
suits, claims, damages, losses, costs, penalties, obligations,
errors, omissions or liabilities (collectively "Claims or
Liabilities") arising out of or in any way connected with any
act, omission or negligence of Grantor, its agents, employees,
or contractors or from the existence of the Art Work on
Grantor's Property or related to this Agreement, including,
without limitation, bodily injury to or death of persons,
injury or damage to Property and attorneys' fees, but
excluding such Claims or Liabilities resulting solely from the
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PS2174710140&4-00011NM77591.1 09/18/92
420310
willful misconduct of the City, its officers, agents or
employees who are directly responsible to the City.
5. Default. In the event of any default or breach of
any of the covenants or conditions contained in this Agreement
by Grantor, City shall have all rights and remedies permitted
at law or in equity including, without limitation, the remedy
of specific performance. Additionally, in the event that
Grantor has not cured any default hereunder within thirty (30)
days after written notice from City of such default, City
shall have the right to cure such default and charge Grantor
with the cost thereof, including all costs incurred in
connection with enforcing this Agreement or in collecting such
amounts from Grantor. City shall also have the right in the
event Grantor fails to cure a default as provided herein to
remove the Art Work from Grantor's Property and terminate this
Agreement. In such event, all costs associated with the
removal of the Art Work and the reinstallation of the Art Work
on other property shall be borne by Grantor and shall be paid
immediately upon receipt of an invoice therefor.
6. Termination. So long as Grantor complies with each
of the terms and conditions of this Agreement, City shall not
remove the Art Work from. Grantor's Property for a period of
one (1) year from the installation of the Art Work on
Grantor's Property. In the event of any breach or default by
Grantor of any of the terms and provisions of this Agreement,
City shall have the right, but not the obligation, to remove
the Art Work from Grantor's Property, at Grantor's sole cost
and expense, and to terminate this Agreement. At any time
subsequent to the date which is one (1) year after the
installation of the Art Work on Grantor's Property, City shall
have the right to remove the Art Work from Grantor's Property
and terminate this Agreement with or without cause whether or
not a breach or default exists in this Agreement. In the
event City determines to remove the Art Work from Grantor's
Property and terminate this Agreement without the existence of
a breach or default by Grantor, then all removal costs shall
be borne by the City. In the event City elects to terminate
this Agreement pursuant to this Section, City shall, at
Grantor's request, deliver to Grantor a Quitclaim Deed
releasing and relinquishing any rights City may have pursuant
to this Agreement.
7 . Mortgagee Protection. No violation of this
Agreement shall defeat or render invalid the lien of any
mortgage or deed of trust. given in good faith and for value.
All of the covenants and conditions contained herein shall be
binding and effective against any party whose interest is
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PS2134M140S4-OW112007591.1 09/19/92
• 420310
derived through foreclosure, trustee sale, deed in lieu of
foreclosure or otherwise; provided, however, that any
mortgagee or beneficiary who takes title to Grantor's Property
pursuant to foreclosure or deed in lieu of foreclosure or any
purchaser at a foreclosure or trustee sale shall take title
free of any claims against Grantor arising under this
Agreement which became due and payable prior to the date such
mortgagee, beneficiary or purchaser takes title thereto.
8. Successors and Assigns. The obligations of Grantor
under this Agreement shall be binding on Grantor's successors
and assigns and shall burden the Grantor's Property and shall
run with the land and be binding upon all successors and
assigns acquiring any right, title and interest in and to
Grantor's Property.
9. Access to Public. Although the easements granted
herein shall not constitute easements granted to the public,
Grantor hereby agrees to allow the public access to Grantor's
Property to view and enjoy the Art Work at reasonable times
and in a reasonable manner.
10. Attorneys' Fees. In the event that any action or
proceeding is instituted for the interpretation or enforcement
of this Agreement, the prevailing party in such action or
proceeding shall be entitled to recover from the other party,
all costs and expenses related to such action or proceeding,
including without limitation all attorneys' fees and expert
witness fees, both at trial and on appeal.
11. Waiver. No delay or omission in the exercise of any
right or remedy by a non-defaulting party on any default shall
impair such right or remedy or be construed as a waiver. A
party's consent to or approval of any act by the other party
requiring the party's consent or approval shall not be deemed
to waive or render unnecessary the other party's consent to or
approval of any subsequent act. Any waiver by any party of
any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision
of this Agreement.
12. City Representative. The City of Palm Springs
Public Arts Commission, an agency of the City of Palm Springs
(the "Commission") shall monitor Grantor's performance under r1Y.-i •v°
this Agreement. Except as otherwise directed by the City blv
Council, the Commission shall have the authority to give any
approvals or consents required hereunder and to otherwise act
on behalf of the City for purposes of this Agreement.
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420310
IN WITNESS WHEREOF„ the parties have entered into this
Agreement as of the date: first above written.
Grantor:
UNITED COMMUNITY AND HOUSING
DEVELOPMENT CORPORATION
By
Its: Assistant Secretary
By:
Its:
City:
CITY OF PALM S.TRINGS, -a municipal
corpor on
By:
Its:—
ATTEST:
" �.
C'±4 Clerk
APPROVED AS TO FORM:
4.'f'ry',l
RUTAN & TUCKER Z ?
7-
David Aleshire
City Attorney
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FS2\347\014094-0001\2W7591.1 09/19/92
• • 420310
STATE OF CALIFORNIA )
) ss.
COUNTY OF (-65 rygC--' )
On 02544e fj --, 1992, b fore me,
personally appeared i�)e� y 7N;n
r
personally known to me
to be the personal whose name
is/-are subscribed to the within instrument and acknowledged to
me that hefshe-/ tey executed the same in hisfhe�ft3xei -
authorized capacity ,ie'g) , and that by his jhe-r +,�;�
signature�< on the instrument the person sj , or the entity
upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and. official seal. � N��
OFFICIAL NO
' TAR L �/ ��j'
SEAT TONYA L.WASHIIVGTON
(SEAL) ;.� .� Notary Public—CSlilorMa
LOS ANGELES COUNTY
My Comm.Expires GEC 15,1995
STATE OF CALIFORNIA )
ss.
COUNTY OF I GU�r Lrl,�.� e ))
On .�O ✓l -, 1992, befor me, Gr-7sl/" �,1-GL✓f/ z ,
personally appearedn' J
i
v
personally known to me •(_or p-r-ov-ed—to.--me-- on-- the---basis of
sa-ti s-f-actor-y—e-v-ideuce) to be the persons b whose namq,,.:
is1�---e subscribed to the within instrument and acknowledged to
me that he/she4tHey) executed the same in his/her/tt iei
authorized capacity(`€aj>, and that by his/her/��ir;>
signature UST- on the instrument the persons or the entity
upon behalf of which the person acted,acted, executed the
instrument.
WITNESS my hand and official seal. /
Zt
(/
(SEAL) �
rr SI:
OFFICIAL NOTARY SEAL
ELAINE L.SCHWAR i� l�
Notary Public Calilo"7
RIVERSIDE COUNTY
y 's'<' My:;oinm Fuplros FE003,I998
_7_
F52U4710I4084-000112007591.1 09/18/92
i 420310
EXHIBIT "A"
Legal Description
The following real property is in the CITY OF
PALM SPRINGS County of RIVERSIDE, State of
CALIFORNIA
PARCEL 2 OF PARCEL MAP RECORDED IN BOOK 2 ,
PAGE 23 OF PARCEL MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA AND LOT 7 OF ROYAL PALMS
TRACT RECORDED IN BOOK 30 PAGE 21 OF MAPS,
RECORDS OF SAID COUNTY, DESCRIBED AS WHOLE AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF
SAID LOT 7 : THENCE ALONG THE WESTERLY LINE OF
SAID LOT 7 AND SAND PARCEL 2, NORTH 0' DEGREES
00' 00" EAST, 278 . 00 FEET: THENCE ALONG THE
NORTHERLY LINE OF SAID PARCEL 2, NORTH 89
DEGREES, 45' 1511 EAST, 220. 00 FEET; THENCE
ALONG THE EASTERLY LINE OF SAID PARCEL 2 AND
SAID LOT 7, SOUTH O DEGREES, 00' 0011 WEST, 278
FEET: THENCE ALONG THE SOUTHERLY LINE OF SAID
LOT 7, SOUTH 89 DEGREES 45' 1511 WEST, 220 FEET
TO THE POINT OF BEGINNING.
- d�
EXHIBIT "A11
TO GRANT OF EASEMENT AND AGREEMENT
PS2\347\014094-"1\2007591.1 08118M
i 420310
EXHIBIT "B"
:Easement Area
Subject property is located in the City of
Palm Springs, County of Riverside, State of
California and further described as follows:
Being an Easement over the South 96 feet, of
the North 188 feet, of the West 15 feet, of
the following described parcel of land;
BEING PARCEL 2 OF PARCEL MAP RECORDED IN BOOK
2, PAGE 23 OF PARCEL MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA AND LOT 7 OF
ROYAL PALMS TRACT.' RECORDED IN BOOK 30 PAGE 21
OF MAPS, RECORDS OF SAID COUNTY, DESCRIBE AS A
WHOLE AS FOLLOWS: BEGINNING AT THE .SOUTHWEST
CORNER OF SAID LOT 7; THENCE ALONG THE
WESTERLY LINE OF SAID LOT 7 AND SAID PARCEL 2,
NORTH 0 DEGREES 001 00" EAST, 278 . 00 FEET;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL
2, NORTH 89 DEGREES, 45' 1511 EAST, 220, 00
FEET; THENCE ALONG THE EASTERLY LINE OF SAID
PARCEL 2 AND SAID LOT 7, SOUTH 0 DEGREES,
00'0011 WEST, 278 FEET; THENCE ALONG THE
SOUTHERLY LINE OF SAID LOT 7, SOUTH 89 DEGREES
4511511 WEST, 220 FEET TO THE POINT OF
BEGINNING.
_EXHIBIT "B"
TO GRANT OF EASEMENT AND AGREEMENT
PS2U47%0140&4-0001 0007591.1 O9118M
• 420310
BILL OF SALE AND ASSIGNMENT
THIS BILL OF SALE AND ASSIGNMENT is made as of
, 199_ from UNITED COMMUNITY AND HOUSING
DEVELOPMENT CORPORATION ("Seller") , to the CITY OF
PALM SPRINGS, a municipal corporation ("Buyer") .
KNOW ALL MEN BY THESE PRESENTS:
That for good and valuable consideration to be paid
pursuant to the provisions of that certain Agreement for
Purchase and Sale of a Work of Art dated
1992 between Buyer and Seller (the "Purchase Agreement")
Seller does hereby sell, assign, transfer and deliver unto
Buyer, and its successors and assigns, that certain
sculpture created by joe Fay ("Artist")
entitled The Hallmark Desert Wildlife (the "Property")
To have and to hold all such Property unto Buyer, its
successors and assigns forever.
Seller hereby assigns, transfers and conveys all
warranties, indemnities, agreements, covenants and chooses in
action owned by Seller with respect to the Property or which
were obtained from the Artist in relation to the Property,
including, without limitation, all those representations,
warranties and covenants cortained in that certain contract
between the Artist and Seller dated N.A. , all
copyrights to the Property, all rights to royalties resulting
from the Property and the right to make reproductions and
photographs or other renderings of the Property for both
commercial and noncommercial purposes.
IN WITNESS WHEREOF, Seller has executed this Bill of Sale
as of the date first above written.
UNITED COMMUNITY AND HOUSING
DEVELOPMENT CORPORATION
By
Its: Assistafit Secretary
By:
Its:
EXHIBIT "All
TO AGREEMENT FOR PURCHASE AND SALE
FS2\347\0140M-000MOU7592.1 08/18/92
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BILL OF SALE AND ASSIGNMENT
�� T IS BILL OF SALE AND ASSIGNMENT is made as of
dIt 4 > e1 , 199 '-- from UNITED COMMUNITY AND HOUSING
DEVELOPMENT CORPORATION ("Seller") , to the CITY OF
PALM SPRINGS, a municipal corporation ("Buyer") .
KNOW ALL MEN BY THESE PRESENTS:
That for good and valuable consideration to be paid
pursuant to the provisions of that certain Agreement for
Purchase and Sale of a Work of Art dated A 2 #t �c 7- 4 ,
1992 between Buyer and. Seller (the "Purchase Agreement")
Seller does hereby sell., assign, transfer and deliver unto
Buyer, and its successors and assigns, that certain
sculpture created by Joe FaV ("Artist")
entitled The Hallmark Desert Wildlife (the "Property") .
To have and to hold all such Property unto Buyer, its
successors and assigns forever.
Seller hereby assigns, transfers and conveys all
warranties, indemnities, agreements, covenants and chooses in
action owned by Seller with respect to the Property or which
were obtained from the Artist in relation to the Property,
including, without limitation, all those representations,
warranties and covenants contained in that certain contract
between the Artist and Seller dated N.A. , all
copyrights to the Property, all rights to royalties resulting
from the Property and 'the right to make reproductions and
photographs or other renderings of the Property for both
commercial and noncommercial purposes.
IN WITNESS WHEREOF, Seller has executed this Bill of Sale
as of the date first above written.
UNITED COMMUNITY AND HOUSING
DEVELOPMENT CORPORATION
Its: Assistant Secretary
By:
Its:
EXHIBIT "A"
TO AGREEMENT FOR PURCHASE AND SALE
FS2\347\0140M-0001U007592.1 08118M
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF PALM SPRINGS
Public Arts Commissions
P.O. Box 2743
Palm Springs , CA 92263
Attn: Arts Administrator
(For Recorder's Use Only)
GRANT OF EASEMENT AND AGREEMENT
This Grant of Easement and Agreement (this "Agreement")
is made as of ( � { � 21 , 199 1- by and between
UNITED COMMUNITY AND HOUSING DEVELOPMENT CORPORATION
("Grantor") and the CITY OF PALM
SPRINGS, CALIFORNIA, a municipal corporation (the "City") .
R E C I T A L S:
A. Grantor is the owner of that certain real property
located in the County of Riverside, State of California, more
particularly described on Exhibit "A" attached hereto
("Grantor's Property") .
B. City is the owner of a certain work of art ("Art
Work") created by jop Fay ("Artist") which
Grantor desires City to locate on a portion of Grantor's
Property.
C. To facilitate location of the Art Work upon
Grantor's Property, Grantor desires to grant to City an
easement for purposes of placing the Art Work on Grantor's
Property as more particularly provided herein.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein and other good and valuable consideration,
the parties hereby agree as follows:
1. Grant of Easement. Grantor hereby grants and
conveys to City a perpetual non-exclusive easement in gross
over that portion of Grantor's Property legally described or
depicted on Exhibit "B" attached hereto and incorporated
EXHIBIT "C"
TO AGREEMENT FOR PURCHASE AND SALE
FS21347A014084000112007591.1 08/18/92
herein (the "easement area") for purposes of placing the Art
Work thereon and for access over and across the Grantor's
Property and for purposes of maintaining, repairing and
replacing, if necessary, the Art Work and for the removal
thereof.
2 . Maintenance. Grantor hereby agrees to maintain the
easement area, including all access paths, landscaping and
other improvements, in first class condition, and shall
maintain the Art Work in first class condition and shall
perform all maintenance recommended by the Artist with respect
to the Art Work. Grantor shall repair and/or replace any
damage to the Art Work within fourteen (14) days of such
damage being discovered. In the event any graffiti is
discovered on the Art Work, Grantor shall remove such graffiti
on the same day it is discovered. It is the intent of the
parties that so long as the Art Work remains on Grantor's
Property, Grantor shall keep, maintain, repair and replace the
Art Work such that it remains in a good, clean and first class
condition and of the highest quality. Materials used to
restore, repair or replace any portion of the Art Work shall
be of equal or better quality than the original materials used
in the Art Work. When necessary, Grantor shall consult the
Artist or another competent art work conservationist or
restoration specialist to determine the best methods of such
restoration or repair. All such maintenance, repair,
replacement and restoration shall be at the sole cost of
Grantor.
3 . Insurance. Grantor shall procure and maintain, at
its sole cost and expense:, in a form and content satisfactory
to City with an insurer qualified to do business in California
and rated "A" or better in the most recent edition of Best
Rating Guide with a financial class category of Class VII or
better, unless such requirements are waived by the Risk
Manager of the City, during the entire term of this Agreement
and at all times while the Art Work is located on Grantor's
Property, the following policies of insurance:
(a) Comprehensive General Liability Insurance. A policy
of comprehensive general liability insurance written on a per
occurrence basis, together with a Broad Form CGL Endorsement
and insuring against contractually assumed liability which
shall specifically insure Grantor's indemnity obligations
under Section 4 below. The policy of insurance shall have a
combined single limit liability of One Million Dollars
($1, 000, 000 . 00) .
-2-
PS21347\0140840001\2007591.1 O9118M
(b) Workers' Compensation Insurance. A policy of
workers' compensation insurance in an amount as would fully
comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for both
Grantor and the City against any loss, claim or damage arising
from any injuries or occupational hazards or diseases
occurring to any worker employed by or any person retained by
Grantor in the course of carrying out the obligations of this
Agreement.
(c) Fine Arts In Grantor shall procure and
maintain on behalf of City, as the owner, fine arts insurance
on the Art Work on all risk form with limits not less than
Twenty Five Thousand Dollars ($ 25,000.00 ) and a
deductible not to exceed One Thousand Dollars ($1, 000.00) for
each loss. The payment of any deductible amount shall be the
responsibility of Grantor.
All of the above policies of insurance shall be primary
insurance and shall name the City, its officers, employees and
agents as additional insureds; with the exception of the fine
arts insurance which shall name only the City as an insured.
The insurer shall waive all rights of subrogation and
contribution it may have against the City, its officers,
employees and agents and their respective insurers. All of
such policies shall provide that such insurance may not be
amended or cancelled without providing thirty (30) days prior
written notice by registered mail to the City. In the event
any of such policies are cancelled, Grantor shall, prior to
the cancellation date, submit new evidence of insurance in
conformance with the requirements of this Section 3 . Grantor
shall provide the Commission with Certificates of Insurance
evidencing the insurance coverages and policies required
hereunder. Grantor agrees that the existence of any insurance
shall not limit or otherwise affect Grantor's obligations
under this Agreement.
4 . Indemnification. Grantor hereby agrees to
indemnify, defend and hold harmless the City, its officers,
agents and employees from and against any and all actions,
suits, claims, damages, ;Losses, costs, penalties, obligations,
errors, omissions or liabilities (collectively "Claims or
Liabilities") arising out of or in any way connected with any
act, omission or negligence of Grantor, its agents, employees,
or contractors or from the existence of the Art Work on
Grantor's Property or related to this Agreement, including,
without limitation, bodily injury to or death of persons,
injury or damage to Property and attorneys' fees, but
excluding such Claims or Liabilities resulting solely from the
-3-
FS21347\014094-000112007591.1 09/13M
willful misconduct of the City, its officers, agents or
employees who are directly responsible to the City.
5. Default. In the event of any default or breach of
any of the covenants or conditions contained in this Agreement
by Grantor, City shall have all rights and remedies permitted
at law or in equity including, without limitation, the remedy
of specific performance. Additionally, in the event that
Grantor has not cured any default hereunder within thirty (30)
days after written notice from City of such default, City
shall have the right to cure such default and charge Grantor
with the cost thereof, including all costs incurred in
connection with enforcing this Agreement or in collecting such
amounts from Grantor. City shall also have the right in the
event Grantor fails to cure a default as provided herein to
remove the Art Work from Grantor's Property and terminate this
Agreement. In such event, all costs associated with the
removal of the Art Work and the reinstallation of the Art Work
on other property shall be borne by Grantor and shall be paid
immediately upon receipt of an invoice therefor.
6. Termination. So long as Grantor complies with each
of the terms and conditions of this Agreement, City shall not
remove the Art Work from Grantor's Property for a period of
one (1) year from the installation of the Art Work on
Grantor's Property. In the event of any breach or default by
Grantor of any of the terms and provisions of this Agreement,
City shall have the right, but not the obligation, to remove
the Art Work from Grantor's Property, at Grantor's sole cost
and expense, and to terminate this Agreement. At any time
subsequent to the date which is one (1) year after the
installation of the Art Work on Grantor's Property, City shall
have the right to remove the Art Work from Grantor's Property
and terminate this Agreement with or without cause whether or
not a breach or default exists in this Agreement. In the
event City determines to remove the Art Work from Grantor's
Property and terminate this Agreement without the existence of
a breach or default by Grantor, then all removal costs shall
be borne by the City. I.n the event City elects to terminate
this Agreement pursuant to this Section, City shall, at
Grantor's request, deliver to Grantor a Quitclaim Deed
releasing and relinquishing any rights City may have pursuant
to this Agreement.
7. Mortgagee Protection. No violation of this
Agreement shall defeat or render invalid the lien of any
mortgage or deed of trust given in good faith and for value.
All of the covenants and conditions contained herein shall be
binding and effective against any party whose interest is
-4-
PS2\34T014084-"112007591.1 09/18/92
derived through foreclosure, trustee sale, deed in lieu of
foreclosure or otherwise; provided, however, that any
mortgagee or beneficiary who takes title to Grantor's Property
pursuant to foreclosure or deed in lieu of foreclosure or any
purchaser at a foreclosure or trustee sale shall take title
free of any claims against Grantor arising under this
Agreement which became due and payable prior to the date such
mortgagee, beneficiary or purchaser takes title thereto.
8. Successors and Assigns. The obligations of Grantor
under this Agreement shall be binding on Grantor's successors
and assigns and shall burden the Grantor's Property and shall
run with the land and be binding upon all successors and
assigns acquiring any right, title and interest in and to
Grantor's Property.
9. Access to Public. Although the easements granted
herein shall not constitute easements granted to the public,
Grantor hereby agrees to allow the public access to Grantor's
Property to view and enjoy the Art Work at reasonable times
and in a reasonable manner.
10. Attorneys' Fees. In the event that any action or
proceeding is instituted for the interpretation or enforcement
of this Agreement, the prevailing party in such action or
proceeding shall be entitled to recover from the other party,
all costs and expenses related to such action or proceeding,
including without limitation all attorneys' fees and expert
witness fees, both at trial and on appeal.
11. Waiver. No delay or omission in the exercise of any
right or remedy by a non-defaulting party on any default shall
impair such right or remedy or be construed as a waiver. A
party's consent to or approval of any act by the other party
requiring the party's consent or approval shall not be deemed
to waive or render unnecessary the other party's consent to or
approval of any subsequent act. Any waiver by any party of
any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision
of this Agreement.
12. City Representative. The City of Palm Springs
Public Arts Commission„ an agency of the City of Palm Springs p
(the "Commission" ) shall monitor Grantor's performance under
this Agreement. Except as otherwise directed by the City
Council, the Commission shall have the authority to give any
approvals or consents required hereunder and to otherwise act
on behalf of the City ;For purposes of this Agreement.
-5-
IN WITNESS WHEREOF, the parties have entered into this
Agreement as of the date; first above written.
Grantor:
UNITED COMMUNITY AND HOUSING
DEVELOPMENT CORPORATION
i
Its: Assista t Secretary
By:
Its•
City:
CITY OF P a municipal
corpora on
By:
Its:
ATTEST:
City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER :,V
David Aleshire
City Attorney
—6—
FS2134'T014094-0OO1l2GG7591.1 MIS192
STATE OF CALIFORNIA j
�+�
COUNTY OF �-a,5 4"4--5 j) ss.
On WdA115;, 1992 , before me,
personally appeared /-Mi n
personally known to me (eic p
*-i*f� a ) to be the personfrs') whose name.,B
is/ew- subscribed to the within instrument and acknowledged to
me that hefs33e¢the executed the same in his;��
authorized capacity s p y(,yew , and that by hiss �+��
signature W on the instrument the person{,$') , or the entity
upon behalf of which the persona') acted, executed the
.instrument.
WITNESS my hand and official sea
IQOFF
ICIALgy%SEAL
TONYA L.WASHINGTON
Notary Public—California(SEAL) LOS ANGELES COUNTY
My Comm.Expires DEC 15,1995
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , 1992, before me,
personally appeared
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 and official seal.
(SEAL)
-7-
PS2U4A0140M-"112 0 07 5 9 1.1 MUM
EXHIBIT "A"
Legal Description
The following real property is in the CITY OF
PALM SPRINGS County of RIVERSIDE, State of
CALIFORNIA
PARCEL 2 OF PARCEL MAP RECORDED IN BOOK 2 ,
PAGE 23 OF PARCEL MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA AND LOT 7 OF ROYAL PALMS
TRACT RECORDED IN BOOK 30 PAGE 21 OF MAPS,
RECORDS OF SAID COUNTY, DESCRIBED AS WHOLE AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF
SAID LOT 7: THENCE ALONG THE WESTERLY LINE OF
SAID LOT 7 AND SAID PARCEL 2 , NORTH 0' DEGREES
0010011 EAST, 278 . 00 FEET: THENCE ALONG THE
NORTHERLY LINE OF SAID PARCEL 2, NORTH 89
DEGREES, 45' 15" EAST, 220. 00 FEET; THENCE
ALONG THE EASTERLY LINE OF SAID PARCEL 2 AND
SAID LOT 7, SOUTH DEGREES, 00 ' 0011 WEST, 278
FEET: THENCE ALONG THE SOUTHERLY LINE OF SAID
LOT 7, SOUTH 89 DEGREES 45' 15" WEST, 220 FEET
TO THE POINT OF BEGINNING.
EXHIBIT "A"
TO GRANT OF EASEMENT AND AGREEMENT
PS2U471014084-000112007591.1 O 118M
r 1
EXHIBIT "B"
Easement Area
Subject property is located in the City of
Palm Springs, County of Riverside, State of
California and further described as follows:
Being an Easement over the South 96 feet, of
the North 188 feet, of the West 15 feet, of -
the following described parcel of land;
BEING PARCEL 2 OF PARCEL MAP RECORDED IN BOOK
2, PAGE 23 OF PARCEL MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA AND LOT 7 OF
ROYAL PALMS TRACT RECORDED IN BOOK 30 PAGE 21
OF MAPS, RECORDS OF SAID COUNTY, DESCRIBE AS A
WHOLE AS FOLLOWS: BEGINNING AT THE .SOUTHWEST
CORNER OF SAID LOT 7; THENCE ALONG THE
WESTERLY LINE OF SAID LOT 7 AND SAID PARCEL 2 ,
NORTH 0 DEGREES 001 0011 EAST, 278 . 00 FEET;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL
2, NORTH 89 DEGREES, 451 1511 EAST, 220, 00
FEET; THENCE ALONG THE EASTERLY LINE OF SAID
PARCEL 2 AND SAID LOT 7, SOUTH 0 DEGREES,
00'0011 WEST, 278 FEET; THENCE ALONG THE
SOUTHERLY LINE OF SAID LOT 7, SOUTH 89 DEGREES
4511511 WEST, 220 FEET TO THE POINT OF
BEGINNING.
EXHIBIT "B"
TO GRANT OF EASEMENT AND AGREEMENT
HS2134T0140"-0W1120 0 75 9 1.1 08/18M
- 2?-30-3
502- 02 T C- A 1103
POR. /d//2 A/W114 SEC. /3, % 4S, R. 4F
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