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HomeMy WebLinkAbout03039 - BLUM SAKS THE ALLEY 490 SPC ENCROACHMENT Cindy Berardi From: Felipe Primera Sent: Wednesday, September 29, 2010 3:33 PM To: Cindy Berardi Subject: RE: A3039 David Blum Sure. I'll put it on my to-do list. Sincerely, Felipe Primera, Engineering Assistant City of Palm Springs Public Works & Engineering (P) 760.323.8253 X8742 (F) 760.322,8325 ***Eng. Counter Hogs: 8AM-11AM &2PM-6PM MO -THURS*** From: Cindy Berardi Sent: Wednesday, September 29, 2010 3:30 PM To: Felipe Primera Subject: RE: A3039 David Blum /So, the next logical question would be, are you planning on contacting the owner of the property? Dci:,I,ty C;ty [itti L.I .'-L City of Palm Springs P. O. Box 2743 Palm Springs, CA 92262 (760)322-8355 Cindy.Berard i alms rin sca. ov Please note the office hOUrs for City Nall are Monday-Thursday 8am-6pm, and we are closed on Fridays. Please consider the environment prior to printing this e-mail. Thank you! From: Felipe Primera Sent: Wednesday, September 29, 2010 3:19 PM To: Cindy Berardi; Kathie Hart Subject: RE: A3039 David Blum << File: 490 SPC Tower.jpg» Cindy— Yes the building is vacant, but the tower is still there. It really should be licensed by the owner of the building or torn down.At this point, the City is liable for anything injuries within the City R.O.W., since there is no "owner"to be found. Sincerely, Felipe Primera, Engineering Assistant City of Palm Springs Public Works& Engineering (P) 760.323.8253 X8742 (F) 760.322.8325 ***Engm Counter Hours: 8AM-11AM &2PM- PM MO --THURS*** From: Cindy Berardi Sent: Wednesday, September 29, 2010 3:08 PM To: Felipe Primera Subject: A3039 David Blum I believe the attached Encroachment License can be closed because the location is vacant. What's your take? << File: A3039 David Blum.pdf» Office..Of tk,f..C.-Ifq .....lc'f L. ' City of Palm Springs P. 0. Box 2743 Palm Springs, CA 92262 (760) 322-8355 Cindy.Berard iOpalmspringsea gov Please note the office hours for City Hall are Monday-Thursday 8am-6pm, and we are closed on Fridays. Please consider the environment prior to printing this e-mail. Thank you! C�y 0 w LL o RECORDING REQUESTED BY LU O w �. AND WHEN RECORDED MAIL TO: > W Ot M The City of Palm Sprinqs W c/o The City Clerk 1z David Blum - Encroachment Lic. C7 P.O. Box 2743 R/W 490 SPC - Remodel of Palm Springs, CA 92263-2743 2f8-3 95a1 Former Saks Bldg - The Alley AGREEMENT #3039 — R17668, 10-16-91 (For Recorder '-s Use Ohlv) - ENCROACHMENT LICENSE THIS ENCROACHMENT LICENSE (the "License" ) is entered into this /'{>' day of October , 1991, by and between DAVID BLUM ( "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 490 S. Palm Canyon Drive and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference ( "Licensee Property" ) . B. City is the owner of certain fee and/or easement interest in that certain real property located in the City of Palm Springs, County of Riverside, State of California, adjacent to the Licensee Property and more particularly depicted in Exhibit "B" attached hereto and incorporated herein by reference ( "City Property" ) . C. Licensee desires to construct a 28-foot entry tower structure which will encroach 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 (the "Permit" ) for the Encroachment in accordance with Chapter 14.16 of the City of Palm Springs Municipal Code on the condition that Licensee execute this License. 2/186/ 014084-0005/01 10/7/91 0 NOW, THEREFORE, the parties hereto agree as follows: 1. 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. 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 City that work 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. 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 Building Division before 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 this 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 City provides the safeguards pursuant to this Paragraph 5, City shall submit a -2- 0 iyA10151 3'71327 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 the "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 reasonable 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 that 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, reasonable legal costs and attorneys ' fees . 7. Covenants Runninq With the Land. The covenants and restrictions made by Licensee and 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 -3- 37132'7 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 Royal Insurance Company ( "Royal" ) which has a rating of A-3A status, as rated in the most recent issue of Best ' s Insurance Reports . If , at any time during the term of this Agreement, Royal is no longer the insurance carrier, all insurance required hereunder shall be issued by an insurance company authorized to do business in the State of 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 6 shall contain an indorsement 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. -4- 4 / 0 3'7132'7 /yi4io 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 nonconducive 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 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 Post Office Box 1786 Palm Springs, CA 92263 Attn: Director of Planning & Zoning with a Rutan & Tucker copy to: Post Office Box 1950 Costa Mesa, CA 92628-1950 Attn: David J. Aleshire, Esq. To Licensee: David Blum c/o Barry' s Jewelers, Inc. 111 W. Lemon Avenue Monrovia, CA 91016 with a Martin A. Blank, Jr . , Esq. copy to: 1.1755 Wilshire Boulevard Suite 1400 Los Angeles, CA 90025 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 -5- 0 371.32'7 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 Licensee 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 counterparts, each of which shall constitute an original . -6- 3'71327 /Y.#i2 IN WITNESS WHEREOF, the parties have executed this License as of the date first set forth above. "LICENSEE" DAVID BLUM �*J5A D'avYd lum "CITY" CITY OF LM SPRIN S, municipal corporation ll ,\ D By: City *zipg ATTEST: City Crlerk APPROVED AS TO FORM: Rutan & Tucker APPROVED Sid'f,iF, al'y r O'A4�b�i City t' orney APPROVED BY CITY COUNCIL: By: Its: Resolution No. : • i STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) 1991, On the day of S��o �wn �� , 19t9&, before me, the undersigned, a Notary Public in and for said State and County, personally appeared David alum , personally known to me (or proved, to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged to me that he executed the same. WITNESS my hand and official seal . =OrMARTINKUL SEAL It ANK,J'B. Notar Public LIC-CAUF. Y( SEAL) 0 COUNTY l 6j"'��• , OFFICIAL NOTARY SEAL State of Californian ELAINEL scR iARr lit� Norary�ubhC—Califarnla SS• {�� .n RnrFRSIDE BOUNTY County of Riverside dy Comm 3zptrcs FEn 03.r 5 On this 23rd day of October, 1991, before me, ELAINE L. SCHWARTZ the undersigned Notary Public:, personally appeared ***J. SUMICH***,, personally known to me to be the person who executed the within instrument as City Clerk on behalf of the _Palm Springs, a municipal corporation, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary Public / -3- �yg/j r 1 ; .�,�� x` y F ; �, I \� 3'7132'7 STATE OF CALIFORNIA ) ) ss . COUNTY OF -r4e-le �,t,Q� ) On the day of 199j, before me, the undersigned, a Notary Publ ' c, in an for said State and County, personally appeared y personally known to me -(or—breve - te F evidenced- to be the person who- executed the within instrument as the City Manager on behalf of the .CITY OF PALM SPRINGS, the municipal corporation therein named, and acknowledged to me that :such corporation executed the within instrument pursuant to .its bylaws or a resolution of its board of directors . 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