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HomeMy WebLinkAbout02716 - MCGRATH BROWN DESERT FASHION PLAZA MARIE CALLENDERS ENCROACHMENT 123 NPC CHRISTMAS TREE McGrath/Brown Inc. - Amendmnt No. 1 .- Christmas Tree AGREEMENT 2716 CITY OF PALM SPRINGS MO 4405, B-9-89 AMENDMENT #1 TO LICENSE AGREEMENT #2716' Lf? CIO This Amendment, made and entered into this V — day of 1989, by and between the City of Palm Springs, California, 'hereinafter referred to as the "Licensor", and McGrath/Brown, Inc. , a California corpora- tion, hereinafter referred to as the "Licensee". WITNESSETH: The Licensor, for valuable consideration and faithful performance of the Licensee of all the terms and covenants hereinafter set forth on its part to be performed, does hereby amend License Agreement #2716 to give Licensee the additional right to construct, maintain, use and repair a tree stand and to install , maintain and use a Christmas tree, hereinafter referred to in whole or in part as the "encroachment" , at such location upon, across, and over a portion of that certain real property owned by the Licensor, and situated in the County of Riverside, State of California, and described as follows: (See Attached Exhibit)- This Amendment is given upon and subject to, the following terms, covenants and conditions: - 1. All terms and provisions of the existing License Agreement also apply fully to this amendment. 2. The top of the permanent tree stand shall be at or below the level of surrounding planter level . 3. The Christmas tree shall remain on the site for a maximum of two months annually between the dates of November 15 and January 15 and shall be decorated in a tasteful and festive manner. The lower branches -of the tree shall not encroach into the adjacent street or sidewalk areas. 4. When no tree is on the site, the tree stand shall be covered and planted out by the Licensee in seasonal vegetation consistent with the adjacent permanent planting. Except as herein otherwise provided, the provisions of this Amendment shall inure to the benefit of and be binding upon the parties hereto, their successors or assigns. IN WITNESS HERETO, said Licensor and said Licensee have caused this instrument to be executed by their respective officers duly authorized of the day and year herein first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA g � . City Clerk City Manager CAT.NO. NNO0737 1945 CA(8-84) (Corporation) J TICOR TITLE INSURANCE STATE OF CALIFORNIA l cc / � � & ^ U f G w y 2 � Office of City Clerk ! © Jj « ! » It Office m, 2 ; f $ 7/ �? Palm California 922 y1786 RGCE� a� � q� �EBK McGrath/Brown Inc. - Encroach RETURN T0: RETURN Clerk into NPC at Des Fash Plaza for LICENSE AGREEMENT Marie Callenders outdoor dine Box 1 Cle AGREEMENT #2716 Palm Springs, CA 92263 _ 4 _ MO. 4365,_6-7-89 THIS LICENSE, made and entered into this 4? day of -I& by and between the CITY OF PALM SPRINGS, hereinafter cal ed "Licensor" 0� and McGrath/Brown, Inc. , a California , corporation, hereinafter called c0�1 "Licensee" . ' WITNESSETH: That Licensor, for valuable consideration and the faithful performance by Licensee of all the terms and covenants hereinafter set forth on its part to be performed, does hereby give to licensee the right to construct, maintain, use and repair an outdoor dining area, hereinafter referred to in whole of in part as the "encroachment", at such location upon, across and over a portion of that certain real property owned by Licensor, situated in the County of Riverside, State of California, described as follows: (See Attached Exhibit) (123 North Palm Canyon Drive, Space No. 291) This license is given upon and subject to the following terms, covenants and conditions: 1. Licensee, his successors and assigns , and his and their respective agents and employees , shall have the right and duty to maintain said encroachment, and shall have free access to said encroachment and every part thereof, at all times, for purposes of exercising the rights herein granted. 2. Licensee's rights hereunder shall be subject to all valid and existing easements , rights , leases, licenses , reservations and encumbrances whether or record or not affecting said property or any portion thereof. 3. Any improvement placed pursuant to this license shall be constructed in a careful and workmanlike manner and to the satisfaction of Licensor and in accordance with plans and specifications to be submitted to and approved by the City of Palm Springs Building Division before work is commenced. 4. In the event the structure placed hereunder on the public right-of-way at any time interferes with or restricts the reasonable use of the property by Licensor, Licensee shall within sixty (60) days after written notice from Licensor so to do, remove, reconstruct, alter or make changes to said structure in a manner satisfactory to Licensor. 5. Licensee agrees to indemnify, defend and save City, its agents and employees harmless from any and all liability, claims, damages , or injuries to any person, including injury to Licensee's employees and all claims which arise from or are connected with the performance of or failure to perform the work or other obligations of this agreement, or are caused or claim to be caused by the acts or omissions of Licensee, its agents or employees , and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the City, its agents or employees . During the entire term of this License Agreement, Licensee agrees to procure and maintain liability insurance at its sole expense to protect against loss from liability imposed by law damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or, indirectly from any act or activities of the Licensor or Licensee, its sublicensees or any person acting or the Licensor, or Licensee or under its control or direction , and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of the Licensor, nr I irancap nr ite enlhl occooe nr .n11 +.-- 4-- 1 4--- --- - McGrath/Brown Agreeme# 3"�� Page 2 99 Bodily Injury $ 250,000 each person $ 500,000 each occurrence $ 500,000 operations Property Damage $ 250,000 each occurrence $ 250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits . All of such insurance shall be primary insurance and shall name the City of Palm Springs as an additional insured . If the operation under this License Agreement results in an increased or decreased risk in the opinion of the City Manager, then Licensee agrees that the minimum limits hereinabove designated shall be changed accordingly upon request by the City Manager; provided, however, that the Licensee may appeal to the City Council within ten (10) days after any increase is requested and such requirement for increased coverage shall be subject to determination by the City Council . Licensee agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which the Licensee may be held responsible for the payment of damages to persons or property resulting from Licensee's activities, the activities of its Sublessees , or the activities of any person or persons for which Licensee is otherwise responsible. 6. Evidence of Insurance - A Certificate of Insurance, or an appropriate insurance binder, evidencing the above insurance coverage with a company acceptable to the City's Risk Management Officer shall be submitted to the Licensor prior to execution of this License Agreement on behalf of the License 7. Notice to Licensor, Insurance Coverage Change - The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or cancelled by the carrier, for non-payment of premiums or otherwise, without thirty (30) days prior written notice of amendment or cancellation to the Licensor. In the event the said insurance is cancelled , the License shall , prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts heretofore established. 8. Except as provided in Paragraph 4. above, this License shall not be revoked so long as said encroachment pursuant hereto by Licensee is maintained in a manner satis�actory_Ztp the Licensor and is used f the purpose for which it was designed should should Licensor or Licenseenaf by giving written notice to such e fect to he other in the manner as ped herein, cancel this License and Licensee hall within sixty (60) daysr receipt of said notice remove said encroachment at his sole expense and provide a suitable walkway or landscaping with said period of sixty (60) days . In addition, should Licensee at any time fail to comply with any provision of this License Agreement, Licensor may revoke this License Agreement and give written notice thereof, and Licensee shall within sixty (60) day period remove the encroachment and restore the premises as aforesaid. 9. The notices provided in this License Agreement given by either party hereto to the other shall be deemed to have been duly given when made in writing and deposited in the United States Mail , registered and postage prepaid, addressed as follows: 7 1 'r- 1 - r n I - McGrath/Brown Agreeme* 231 Page 3 Except as herein otherwise provided, the provisions of this License Agreement shall inure to the benefit of and be binding upon the parties hereto, their successors or assigns . , IN WITNESS WHEREOF, said Licensor and said Licensee have caused this instrument to be executed in duplicate by their respective officers of party thereunto duly authorized as the day and year herein first above written. ATTEST: CITY OF PALM SPRINGSS,, CALIFORNIA By "City Manager 4AiREVIEWED & APPROVED _ ______,____�_�__�_____�_�____._,__ _ MCGRATH/BROWN, INC. APPROVED BYTHE CITY COUNCIL a Cali/orn ' corporation BY.K-16r No. J- A ST 1�f j ------------- D d.�M ATH,j President lIIIJJ �GENERALACKNOWLEDGMENT 76 3 9 NO.201J ,,.,/J / , Z_k,, c� State of 6'- e-, 1ii? a On this the /� day of �� 19n,before me, (� 1 i SS. °�� c; ui ler z — 1 County of ,1'/� �e%� � / p 113 the undersigned Notary Public, personally appeared 'Z ), ?(personally known to me �'f} .;rTF4,, QPt%SCShL SEEz, Al { Y '; ELAINE L.SCH6'dF CTZ Ell to me on the basis of satisfactory evidence p ffA ® NOTARY PUaUC-CALIFORPIIA ttj 'rn• RlveRSlDecouNry to be the perscr((,�Whose name(s) subscribed to the �;1 My Comm Eepims Dec 251990 2 U) within instrument, and acknowledged that --t` c-E-�'% executed it pp W (( WITNESS my hand and official seal. f, O vni J Notary's Signature !� ATTENTION NOTARY:Although the information requested below Is OPTIONAL,it could prevent fraudulent It I I of this cerh&cafe loan firer document �? Title or Type of Document �/.r/I THIS CERTIFICATE i ( MUST BE ATTACHED Number of Pages Date of Documen ✓O l TO THE DOCUMENT j// DESCRIBED AT RIGHT Signer(s)Other Than Named Above , '��?,/',4/Yi 7120019 NATIONAL NOTARY ASSOCIATION-8298 Remma[Ave-PO,Box 7184-Canoga Park,CA 9180471E4 CORPORATE ACKNOWLEDGMENT 237699 NO.202 a3?§g» \ � DRC ATS:300'CLOCKMA, JUL1818S9 p <mm&Records . ¥ cma » � Feu ~ \ / % RP l � I fl I -f { 1 t • l ' _ I I �— e��� r,-i-�� �i�• � of ;; "- ._ / ;C Ll , O - - ---- _ �I`"jG� /�VrT td of N:Jtl -------------------------------".---------------------------------------------- Insurance Ccm,_,3ny: -: ltcy `a . " 71 -3. k % estern :ntern3tic ' 3L Pr � J CUcer: , L L nSt+fa^Le o in, .+aStar _ nSUr3^c = . efv1C ._ �•./ 1 ?! ; - 7777 Cer,t-• r rv:. ru ,' e c c: LLatico ff . ivz n n Iq� 8y3-Ce '9� rt. tir _ to _'eac hi C� i <�c� 7 1 �: C1 3°t, / ' 1 ?1 ------------------------------------------------------------------------------- - Va--mc .and 'sai L i n cz Aodr es$ DT Ina t.re=: :35;n for Lance LLution: ssria CaLLen=er,s Fie S'noo _1 Non-Po ment to Agent .� .. - ----. -` - -- - - - - -- -- - - 1 ,._ 'iurth P3Le, Canon `Sr' ve rzLm STrin --------------------------------•---------------------------------------------- Ta ALL 1N2-,UR_zD( S) i ''`CcTGACECSr A" D LSS:. PAYE_: S A;MED rL T11 PGLiCY D' _SZRI1 : You aria hereby notift ,� d in acr_>rcanc- with the t rrls an,. c_,n-. itions c' tn�4 above iaentiones c o L i c y that yo.r insurarce wilt _ease at ano fro ;; th_� hiur anc cate mentionec active. Tf pre•mi 'ur, for Sdid p.7Licy has not _,een raic, the t';1 r n e d ," remi u•, due a n a Payab L_ ShiLL by 3,i al rovice c s in the poliy andeman: is ner_cy made for plynent tner-,of . ?f pre;niur has . e2r. cai :;/ the e.xccSS paid premiu(i:r it ;Inys above the ?arnea pre-ia if not ten_-ered with this c3nc � LL :: tion. notice, 4i [ L Ge refundea as socn as practicable after cenceLL -ition cecorsas effestivs . 'Y a'U zre- (i .-rr oy a -viseo that C .1 ,liforril, Law ;rcvi Ce S unon recue3t in wrltjn„ '"aC:' by yDU LJ irl 'i ..o?�o;nyF sU:h ra a U est t0 c e n a i Leo or ::e Li Ve r L'c not lass t ^ a^ 1 ,sys 3r4or to , ^ e - f4ect4v= _ te cf c inc -_ LL_; %, cn. ,:Lu err- ei z Le,. to oa in ` r.cec :;y this Company in ..ritin,: o the reason ( ; ? for the canceLLation y CaLLfnJ? rs ? ia 5?�OCS� = 3^ . o yt �+ U; - ,. n Cl ntr ni30 opt ryo, w np Ci f -a Scri 'aLm _r� ri -1 s. CA = 22- 63-173°. - -- - - - ----- -- ISSUE DATE(MM/DD/YY) AI:III:D.. CERTIFICATOOF INSURANCE 4-19-91 PgppucER THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW I Seacliff Agencies Brokers & Agents 7372 Prince Suite 108 COMPANIES AFFORDING COVERAGE Huntington Beach, Calif. 92647 COMPANY LETTER A Western International CODE SUB-CODE COMPANY INSURED LETTER B Republic Western Insurance Marie Callender Pie Shop #218 COMPANY 784 Channel St. #240 LETTER C E a San Pedro, Calif. 90731 COMPANY h6) , g LETTER D / A MAY J q qL�4 COMPANY LETTER E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POIJCY PERIOD- ' _INDICATED,NOTWH HSTAHnINC ANY 9E01,19SMENT'. TCRM,)Fi INDITION-OF ANY CON FHACI OR Oi RER DOCUMENT WITH RESPECT TO WHICH THIS CFRI"IFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MM/DD/YY) DATE(MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE S 2, 000, x COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOPS AGGREGATE $ 1, 000, A CLAIMS MADE x OCCUR WSP 700368 4-12-91 4-12-92 PERSONAL B ADVERTISING INJURY $ 1, 000, OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1, 000, x Liquor legal liab. FIRE DAMAGE(Any an.fire) $ 50, MEDICAL EXPENSE(Any one person), $ 1 AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE OCCURRENCE $ x Umbrella TBD 4-12-91 4-12-92 $2, 000 , $2, 000, OTHER THAN UMBRELLA FORM STATUTORY - - WORKER'S COMPENSATION _ _ - - - - - _ _ -- -—- - - $ (EACH ACCIDENT) - AND $ (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ (DISEASE—EACH EMPLOYEE OTHER $1, 500 , 000-contents-all A Property WSP 700368 4-12-91 4-12-92 risk, replacement cc 1, 000-deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS property located at 123 N. Palm Canyon Dr. , Palm Springs, Ca. 92262 CERTIFICATE HOLDER CANCELLATION Additional Insured: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Palm Springs EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO P.O. BOX 17 B 6 MAIL 3 ODAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Palm Springs, Calif. 92263-1786 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I ro Y ACORD 25-S (3/88) .� �.'1- -'6 - "-' - - ©ACORD CORPORATION 1988 SA City of Palm Springs Office of the City Clerk A (760) 323-8206 {x+� yy '+�$yy., ��n+� y3 yy CJ�IFO% f6tifA�s`.Y.i.:�..tC� Li�r3 Date: July 9, 1997 To: Assistant City Manager From: City Clerk AGREEMENT #2716 - 123 N. Palm Canyon Space 291 (formerly Marie Callenders) This agreement and an amendment to allow apparently a permanent Christmas Tree related to structural encroachment into the City's r/w at the above address, and both documents were recorded. The agreement requires that insurance be maintained. The question is who is supposed to now provide that insurance? Desert Fashion Plaza?, the new tenant (whoever that is)? or ??? Perhaps there should be a termination of the encroachment recorded, and a new encroachment approved?? Please advise. JUDITH SUMICH City Clerk cc: City Engineer Risk Manager Right-of-way Specialist Director Economic Development r�