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HomeMy WebLinkAbout02334 - WESSMAN R/W BLOCK 27 MRS BROOKS LICENSE AGR Return to: CITY CLERK cc . City of Palm Springs l O 2 P. 0. Box 1786 LU m e' Wessman Dev. Co. - license a r ��c m m Palm Springs, CA 92263. g por of Block 27, map of town 0C of P.S. desig as "Mrs. Brooks" � a AGREEMENT �'; v '' Resolution 15966, 8-6-86 LU 1;2LU c - � LICENSE AGREEMENT B Q_1, THIS LICENSE is made and entered into this 7th day of August \I^j 1986 by and between the CITY OF PALM SPRINGS, hereinafter called "Licensor" and WESSMAN DEVELOPMENT COMPANY, a sole proprietorship, hereinafter called "Licensee". RECITALS: WHEREAS the licensor has sold to the licensee certain property adjacent to the property described herein; and WHEREAS the licensor on September 17, 1984 approved plans for the remodelling of the property sold to licensee; and WHEREAS the plans contemplate a structure upon the public right-of-way; GRANT OF LICENSE: 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 certain structures, hereinafter referred to in whole or in part as "structure", at such location as approved by the City Council on September 17, 1984, 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: All that portion of block designated as "Mrs. Brooks" , also known as Block 27 on map of town of Palm Springs, in the City of Palm Springs, County of Riverside, State of California, in Book 9, Page 432 of Maps, San Diego County Records by metes and bounds as follows: Beginning at a point on northerly line of said Block 100 feet easterly from northwesterly corner of said block; thence northerly parallel with westerly line of said block 15 feet; then easterly parallel with northerly line of said block 190.5 feet; thence southerly parallel with westerly line of said block 15 feet; thence westerly parallel with northerly line of said block 190.5 feet. 1. Licensee, his successors and assigns, and his and their respective agents and employees, shall have the right and duty to maintain said structure, and shall have free access to said structure 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 of record or not affecting said property or any portion thereof. 3. Any structure placed pursuant to this license shall be constructed in a careful and workmanlike manner and in accordance with plans and specifi- cations to be submitted to and approved by the City of Palm Springs Building Division before work is commenced. 4. The licensee agrees at all times, from and after substantial completion of the structure and at its own cost and expense, to repair, replace and maintain in good condition the premises and every part thereof, including without limitation, all fixtures and other equipment therein, the store front or store Fronts, all licensee' s signs, and all such 1H items of repair, maintenance and improvement or reconstruction as may Twi at any time or from time to time be required by a government agency having jurisdiction thereof; provided however that nothing in this section contained shall authorize or allow the licensor to adopt requirements tt2 applicable to this license which requirements are not generally applicable to all other licenses issued by it. If licensee refuses or neglects to make repairs and/or maintain the premises, or any part thereof, as required above, licensor shall have the right, upon giving licensee reasonable written notice of its election to do so, to make such repairs or perform such maintenance on behalf of and for the account of licensee. In such event such work shall be paid for by licensee promptly upon receipt of a bill therefore. 5. The licensee agrees to indemnify, hold harmless and defend the licensor from liability arising from any action of the licensee and from any liability arising from injuries or damage to person or property as a result of said structure's existence. 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 for 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 for 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 of activities of the licensor, licensee, or its sublicensees, or any person acting for the City or licensee, or under its control or direction. 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. Such public liability and property damage insurance shall be maintained in full force and effect throughout the term of the License Agreement and any extension thereof in the following minimum limits: Bodily Injury $250,000 each person $500,000 each occurrence $500,000 aggregate products and completed operations Property Damage $100,000 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. The licensor, from time to time adjusts its basic coverage to conform to changing property values and awards of damage. The City Manager, when this occurs, may require modifications to this coverage to conform to other properties similarly covered and licensee agrees that the minimum limits hereinabove designated shall be changed accordingly upon request -2- 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 determina- tion bythe City Council . "q Licensee -agrees that -provisions of this paragraph _ as to maintenance _ - t of insurance shall not be construed as limiting in any way the extent C to which the licensee may be held responsible for the payment of damages to persons or property resulting from Licensee's activities, the activi- ties of its sub-licensees 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 licensor. 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 licensee shall , prior to the cancellation date, submit to the City Clerk new evidence of insur- ance in the amounts heretofore established. 8. This license shall not be revoked so long as said structure is maintained as provided for herein. 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 or certified and postage prepaid, addressed as follows: To Licensor: The City of Palm Springs P.O. Box 1786 _ Palm Springs, CA 92263 To Licensee: John Wessman 67625 Highway 111 Cathedral City, CA 92234 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 instru- ment to be executed in duplicate by their respective officers of party thereunto duly authorized as of the day and year herein first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA l.�City Clerk City Manager REVIEWED AND APPROVED: 9 Q�9 _ WESSMAN DEVELOPMENT COMPANY, 7 A Sole Proprietorship A yy,.;I��.+ ,�+���// ryry.y,y� try/ 1..^`�a�-j��,�3g p�py bpi r•' PVN' OV,5D r 1:' GLziC1'FTI�LiINI-T"-1==FFiAP ..-m •� •1 AiM�` �r C PEA. $4.� �� JOHN WESSMAN, Licensee -- -3- STATE OF CALIF(>nNIA )ss. a COUNTY U- OnJ� Gi'rC-C _ _,before me,the undersigned,a Notary Public inand for ''- said State,personally appeared _.___- - -- ��� a%✓�--�—G �Q � ¢ RI personally known to me(or proved to me on the basis of sans- >•v € ? factory evidence)to be the person(s)whose name(s)is/are sub- r+ 3 tc OFILSEALrscribed to the within instrument and acknowledged to me thatt FAYiNOTARY%jr he/she/they executed the same. S }v d R My Camm.E9 m WITNESS my hand and official seal. 0 0 (This area for official notarial seal) 1 rr t, RESOLUTION NO. 15966 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING SUPPLEMENTAL AGREEMENT WITH WESSMAN DEVELOPMENT COMPANY REGARDING SALE OF CITY OWNED PROPERTY ON THE SOUTHWEST CORNER OF TAHQUITZ-McCALLUM WAY AND INDIAN AVENUE. WHEREAS the City Council , by Resolution No. 15935 has authorized the sale of the subject parcel to Wessman Development Company; and WHEREAS staff and participant have prepared modifications to the agreement for clarification: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS does hereby resolve as follows: Section 1. That supplemental agreement for the sale of property to Wessman Development Co. is hereby approved, together with License Agreement incorporated as an exhibit therein. Section 2. That this Resolution supersedes any conflicting provisions of previous resolutions. ADOPTED THIS 6th day of �u August 1986. AYES: Councilmembers Apfelbaum, Birer, Foster, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By ity Clerk City Mana er REVIEWED & APPROVED �� } UE A/:O1:ft2 CERTIFICAT'b-)F INSURANCE 3 y 5510/26/S9D PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, Curtis-Kieley, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P.O. Drawer TT Palm Springs, Ca. 92263 COMPANIES AFFORDING COVERAGE COMPANY LETTER A United Pacific CODE SUB-CODE COMPANY B INSURED LETTER COMPANY G. Wessman Construction CO. LETTER 67-625 Hwy. 111 Cathedral City, Ca. 92234 LEIMER Y D f COMPANY E i LETTER COVERAGES - i THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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 POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMIOD/YY) DATE(MMIDD/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $1,000, A X COMMERCIAL GENERAL LIABILITY QB849511100 9/1/89 9/1/90 PRODUCTS COMP/OPSAGGREGATE $1,000, CLAIMS MADE X OCCUR PERSONAL&ADVERTISING INJURY $1,000, OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $1,000, FIRE DAMAGE(Any one fire) $5O e MEDICAL EXPENSE(Any one person) $5 AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY NJURY S SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY $ DAMAGE EXCESS LIABILITY EACH OCCURRENCE AGGREGATE $ $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY A AND WC030062400 4/1/89 4/1/90 $ ,2,000, (EACH ACCIDENT) EMPLOYERS'LIABILITY $ 2,000, (DISEASE—POLICY LIMIT) $ -'Z,OOO, (DISEASE—EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS Additional Insureds as respects to Plaza De Los Flores ;�� agreements: IIA2634, #A191 and IIA2161 � Uh CERTIFICATE HOLDER/ Ad 1t1on u -CANCELLATION City of Palm Springs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Palm Springs Redevelopment Agency EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO P.O. Box 1786 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Palm Springs, Ca. 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 ,ACORD 25-S (3/88) '� ' ©ACORD CORPORATION 1988