HomeMy WebLinkAbout02980 - MICHAEL GILBERT ENCROACHMENT 3700 ANDREAS HILLS I4Michael Gilbert - Indemnity
. a Sncr Fence 3700 Andreas Hills
(Cond of Bldg Permit)
CM signed 1-24-91
RECORDING REQUESTED BY '°1r°� �1 a cd a7 o
AND WHEN RECORDED M AIL TO: m Ill Office of the City Clerl( Aee
LOP.O. BOX 2743Paalm Sprigns, CA 92263--2743,,- U1
Aw
(For Reord
INDEMNITY AGREEMENT
THIS INDEMNITY AGREEMENT ("Agreement") is entered into this
:N day of y„� , 1991 by and between MICHAEL H. GILBERT
("Indemnitor") and the CITY OF PALM SPRINGS, a municipal
corporation ("Indemnitee") .
R E C I T A L S:
A. Indemnitor is the owner of that certain real property
commonly known as 3700 Andreas hills Drive, Palm Springs,
California ("Indemnitor Property") .
B. Indemnitee has certain fee ownership and easement
interests in streets and improvements located adjacent to the
Indemnitor Property more particularly depicted on Exhibit "B"
attached hereto and incorporated herein by reference ("Indemnitee
Property") .
C. Indemnitor desires to construct a wrought iron fence to
protect against possible injury to the public because of a steep
slope that exists at the southeast corner of the subject property.
NOW, THEREFORE, the parties hereto agree as follows:
1. Indemnitor hereby agrees to indemnify Indemnitee, its
officers, agents and employees against, and to hold and save them
and each of them harmless from, any and all actions, suits, claims,
damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities, (herein "claims or
liabilities") that may be asserted or claimed by any person, firm
or entity arising out of or in connection with the location of the
automobile driveway on the Indemnitor Property, but excluding such
claims or liabilities arising from the sole negligence or willful
misconduct of Indemnitee, its officers, agents or employees, who
are directly responsible to Indemnitee, and in connection
therewith:
(a) Indemnitor 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;
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(b) Indemnitor will promptly pay any judgement rendered
against Indemnitee, its officers, agents or employees for any
such claims or liabilities arising out of or in connection
with the location of the automobile driveway on the Indemnitor
Property; and Indemnitor agrees to save and hold Indemnitee,
its officers, agents and employees harmless therefrom;
(c) In the event Indemnitee, its officers, agents or
employees is made a party to any action or proceeding filed or
prosecuted against Indemnitor for such damages or other claims
arising out of the location of the automobile driveway on the
Indemnitor Property. Indemnitor agrees to pay to Indemnitee,
its officers, agents or employees, any and all costs and
expenses incurred by Indemnitee, its officers, agents or
employees in such action or proceeding, including but not
limited to, legal costs and attorneys' fees.
2 . Indemnitee shall provide Indemnitor written notice,
within thirty (30) days of obtaining actual knowledge of any claim
or demand indemnified by Indemnitor pursuant to Section 1 above, to
Indemnitor of said claim at: 3700 Andreas Hills Drive, Palm Springs,
California, or such other address as may be specified in writing by
Indemnitor.
3 . The covenants and restrictions contained in this
Agreement: (a) are made for the direct benefit of the Indemnitee
Property; (b) will constitute covenants running with the land;
(c) will bind every person having any fee, leasehold or other
interest in any portion of the Indemnitor Property at any time or
from time to time; and (d) will inure to the benefit of every
person having any fee, leasehold or other interest in the
Indemnitee Property at any time or from time to time.
IN WITNESS WHEREOF, the parties have executed this P17reement
as of the date first written above.
/MICHAEL- GILBERT, OWNER
"Indemnitor"
CITY OF PALM SPRINGS, a municpal
corporation
Its:
ATTEST: _
City Clerk
"Indemniteell
-2-
r22C; ;
STATE OF CALIFORNIA )
) ss.
COUNTY OF
On the 2 -nf dayTfM'upfL
of y 1991, before
me, the undersigned, a Notary Public in and for said State and
County, personally appeared MICHAEL GILBERT, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument as MICHAEL
H. GILBERT, Owner of property described herein.
WITNESS my hand and official seal.
y
OFFiLIAL SEAL
r --VIA NI J, u Notary Pu c
NOTARY PUBLIC
(SEAL)i,
e•.__, � PRINCIPAL OFFICE IN t+
RIVERSIC@COUNTY („
My Commission UP,May 11, 1592
STATE OF OF CALIFORNIA )
y� ) ss.
COUNTY OF
On the c day of f 1991
before me, the undersigned, a Notary Public i and for said State
and County, personally appearedo a,k
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed the within
instrument as the & on behalf of the CITY
OF PALM SPRINGS, the unicipal c(5 pof ration therein named, and
acknowledged to me that such corporation executed within instrument
pursuant to its bylaws or a resolution of its board of directors.
WITNESS my hand and official seal.
�✓ 'ter>fi ,,�( . 1
0tary Publi-
(SEAL)
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EXHIBIT "A"
LEGAL DESCRIPTION OF INDEMNITOR PROPERTY
Lot 4, Tract 14199, being a portion of the northwest quarter of
Section 1, T5S, R4E, S.B.B. & M. , as recorded per Book 122 , pages
6 & 7 of Maps, Records of Riverside County.
EXHIBIT "A"
TO INDEMNITY AGREEMENT
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