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HomeMy WebLinkAbout02285 - MATHEWS STEVENS RD R/W RETURN TO: �/ r ' " • *Frank & Coni Mathews lic a r P.4 SPRINGS to constr brick wall ,iron gate C1iV OF PAL 1.1 & driveway W.Stevens Rd r/w. BOXUD PALM SPRli� 6 97.2G3 LICENSE AGREEMENT AGREEMENT #2263, 10-17-85 Resolution 15704, 11-6-85 an This,r License Agreement, m e _ and entered into this %:'iv4 day of L�cjc' 4� � 19 � by and between the CITVIF—P� SPRINGS, hereinafter called "LICENSOR", and FRANK MATHEWS AND CONI MATHEWS, HUSBAND AND WIFE, hereinafter called "LICENSEE". 1✓S Cit 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 oerformed, does hereby give to Licensee the right to construct maintain, use and repair a brick wall , iron gates and driveway, hereinafter referred to in whole or in part as "structure," at such location upon, across and over a portion of that certain real property dedicated as right-of-way to the Licensor, situated in the City of Palm Springs, County of Riverside, State of California, described as follows: Being the Northerly 5 feet of Lot 17 and the 13 feet of Stevens Road Right-of-Way lying Northerly of said Lot 17 of "Palm Vista Estates Unit No. 1, .in the City of Palm Springs, California, being a subdivision of a portion of the Northeast quarter of the Northwest quarter of Section 10, T4S, R4E, S.B.B.M. ", filed for record April 2, 1953 in Map Book 26, Page 9, Records of Riverside County. 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 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 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. u. In the event the structure placed hereunder at any time interferes with or restricts the reasonable use of the prooerty 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. The Licensee agrees to hold harmless, indemnify, 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 City or Licensee, its sub- licensees or any person acting for the City, 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 City, or Licensee, or under its control or direction. Such public liability and property CF LICENSE AGREEMENT .n R-85-107 oD Page 2 .V damage insurance shall also provide for and protect the City against incurring any legal cost in defending claims for alleged loss. Such public liability and property damage insurance shall be maintained in C12 full force and effect throughtout the term of the License Agreement and any extension thereof in the following minimum limits: Bodily Injury $ 500,000 each person 500,000 each occurrence 1,000,000 aggregate products & completed operations Property Damage $500,000 each occurrence 500,000 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 accord- ingly upon request by the City Manager; provided, however, that the Licensee may appeal to the City Council within ten 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 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 City prior to execution of this License Agreement on behalf of the City. 7, Notice to City, 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 City. 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. Except as provided in Paragraph 4, above, this License shall not be revoked so long as said structure is maintained in a manner satisfactory to the Licensor and is used for the purpose for which it was designed. However, should Licensee cease to use and maintain said structure for said purpose, the Licensor or Licensee may, by giving written notice to such effect to the other in the manner as provided herein, cancel this license and Licensee shall within sixty (60) days after receipt of said notice remove said structure at his sole expense and provide a suitable walkway or landscaping within said period of sixty (60) days. In addi- tion, 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 said sixty (60) day period remove the structure and restore the premises as aforesaid. WP/ROW LICENSE AGREEMENTw R-85-107 L1t Page 3 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 posta7ge prepaid, addressed as follows: To Licensor: The City of Palm Springs P. 0. Box 1786 Palm Springs, CA 92263 Attention: City Manager To Licensee: Mr. and Mrs. Frank Mathews 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. Assignment requires approval of the City. IN WITNESS THEREOF, said Licensor and said Licensee have caused this instru- ment to be executed in duplicate by their respective officers or party there- unto duly authorized as the day and year herein first above written. .�— FRANK MATHEWS CONI MA HEWS C l Clerk By � City Manager REVIEWED & APPROVED C I T Y C O U N C I L APPROVES rlY F rt �� .RE5. t�0. s J��cZZ 1 !r I Slate of On this the 4 day of �iA�rtL,t-2.Z,. 194P before me, � 4 SS. County ofJ,(.4_e�'-f—A.! i the undersigned Notary Public, personally appeared I I personally known tome S \ OPFICiAL SEAL lyl�proved to me on the basis of satisfactory evidence 1 �` { OLIVE S MAR'SHALI. I°I��`Y�. � moraar Fuauc - cnuHoatviq to be the persons)whose names) _ 4�i.r ©___subscribed to the 1' l::.a RIVEi51UE COUNTY within instrument,and acknowledged that , executed it, t C` My comm, expire; JlliV lU, 19IIF WITNESS my hand and official seal. � F Notary's Signature �EFlER4L hCKrbVlLCaGAIENi FeRAI