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Home My WebLink About02261 - PALM SPRINGS FLORIST HALL NPC EL ALAMEDA LICENSE AGR _J a•`�•: - .) RETURPI TO:� E. Earl & Mary Lou Hall , dba A Palm Springs Florist, apprvl CITY OF PAW SPRINGS for structure over property BOX 1786 Agreement #2261 WHO SPRINGS, CA. 92263 Resolution 15666, 10-16-85 LICENSE AGREEMENT - - —— -- THIS LICENSE, made and entered into this _o _ day of 1985 by and between the CITY OF PALM SPRINGS, hereinafter cane— d—"-Licensor" and L. EARL & MARY LOU BALL dba Palm Springs Florist, hereinafter called "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., main- tainr use and repair a walkway covering; hereinafter referred to in whole or in part as "structure", at such location upon, across and over a portion of that certain real property owned by licensor, situated in the Count of Riverside, State of California, described as follows: y The property at the southeast corner of E1 Alameda Drive and North Palm Canyon Drive, known as 894 North Palm Canyon Drive and shown as parcel numbers 505-285-001 and 505-285-002 on the 1985-86 Riverside County Assessment Rolls. 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 •recard or not oflecting 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 CILy oF' I'd III) Springs buIIding Divisiun beIure work 'i& 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 proper- ty 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 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: CGe c� Bodily Injury - $500,000 each person M $1,000,000 each occurrence $1,000,000 aggregate products and 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 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 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. Except as provided in Paragraph 4, above, this license shall not be revoked so long as said structure pursuant hereto by licensee 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 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 said sixty (60) day period remove the structure 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: -2- J U f To Licensor: The City of Palm Springs P.O. Box 1786 j Palm Springs , CA 92263 07 Cc To Licensee: Palm SpringsFlorist 894 N. Palm Canyon Drive Palm_Sprinas, CA , 92262 Except as herein otherwiseprovided, 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 the day and year herein first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By C- Cit y Cll eerk City Manager REVIEWED AND APPROVED: APPROVED BY THE CITY L'OUNCIL 6:, /61,uo BY RES. NO. Licensee STATE OF CALIFORNIA) )ss. COUNTY OF RIVERSIDE) On 1986, before me, the undersigned Notary Public in 'and for the said State, personally appeared E. Earl Hall and Mary Lou Hall , proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed it. WITNESS my hand and official seal . F OFFICIAL sEAL >�� L��?A ANNE E WICY,LIN r i ��+ NOTARY PUBLIC-CF.LIFOR NIA / � ��Y / 1 �q ry J1 RIVERSIDE CDNN?Y Notary's Signature "`` STATE OF CALIFORNIA) )ss. COUNTY OF/RIVERSIDE) On L 2��)2C_ /? 1986, before me, the undersigned Notary Public in and for the said State, personally appeared Norman R. King, known to me to be the City Manager and Judith Sumich, known to me to be the City Clerk of the CITY OF PALM SPRINGS, the Corporation that executed the within instrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws, or a resolution, or ordinance. WITNESS my hand and official seal . OFT rAL SEAL ANN'E E WICKLIN r NOTARY PUBLIC-CALIFORNIA RIVERSIDE COUNTY Notary' s Signature fV.," My Comm. exfiles MAY 22, 1989 -3- +�i,<QF-IVED FOR RECORD A7'}iM C'CLACK A.M. APR 1 81986 _of iiiviriid;;S:;ita,5y, '=ii;ranir a To Licensor: The City of Palm Springs P.O. Box 1786 Palm Springs, CA 92263 To Licensee: Palm Canyon Florist 894 N. Palm Canyon Drive Palm Springs, CA 92262 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 the day and year herein first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA y ) it ity Clerk City Manager' REVIEWED AND APPROVED: / T c: ,_/4. 0 : 2 ;7 icensee iiy §$i' C",S`§Y .vase\iC!L - -3- 0 POLICY NUMBER L 93 ABC 80043369 COVERAGE IS PROVIDED BY FIREMAN'S FUND NAMED INSURED INSURANCE COMPANY PALM SPRINGS FLORIST, INC. NOVATO, CA 949YB A STOCK INSURANCE CO. (01 ) FIREMAN'S AMERICAN BUSINESS COVERAGE POLICY FUND INSURANCE _ COMPANIES PROPERTY/LIABILITY DECLARATIONS SAN FRANCISCO CALIFORNIA WE WILL PROVIDE YOU WITH INSURANCE FOR THOSE LOCATIONS DESCRIBED IN THE GENERAL DECLARATIONS AND FOR THOSE COVERAGES FOR WHICH A SPECIFIC LIMIT OF INSURANCE (LIMIT) IS SHOWN. ------------------------------------------------------------------------------- BASIC COVERAGES LIMITS ------------------------------------------------------------------------------- SECTION 1 . COV. A BUILDINGS) REPLACEMENT COST LOC 001 $ 123, 000 COV, B BUSINESS PERSONAL PROPERTY REPLACEMENT COST LOC 001 $ 15,000 DEDUCTIBLE: $250 ------------------------------------------------------------------------------- SECTION 2. COV. C BUSINESS LIABILITY $ 500,000 OCCURRENCE E 500,000 AGGREGATE COV. D MEDICAL PAYMENTS $ 1 , 000 EACH PERSON $ 10,000 EACH ACCIDENT ------------------------------------------------------------------------------- OPTIONAL COVERAGES ------------------------------------------------------------------------------- THE OPTIONAL COVERAGES SHOWN BELOW APPLY TO ALL LOCATIONS UNLESS OTHERWISE IN- DICATED. THE LIMIT OF INSURANCE FOR THESE COVERAGES IS THE APPLICABLE SECTION 1 OR SECTION 2 LIMIT SHOWN ABOVE FOR THAT LOCATION UNLESS A LIMIT OF INSURANCE IS DESCRIBED IN THE COVERAGE FORM OR IS SHOWN BELOW. ------------------------------------------------------------------------------- EXTERIOR GLASS LOC(S) 001 MONEY AND SECURITIES $ 1 , 000 LIMIT LIABILITY COVERAGE PLUS ------------------------ ------------------------------------------------------- THESE DECLARATIONS ARE ISSUED IN CONJUNCTION WITH AND ARE PART OF POLICY FORM 140681 -12-83 END OF PROPERTY/LIABILITY -DECLARATIONS X- INSURED'S COPY ❑ BRANCH COPY