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HomeMy WebLinkAbout02110 - ATIKIAN 191 SPC LICENSE AGREEMENT WALKWAY Ciindy Berardi From: Felipe Primera Sent: Tuesday, September 28, 2010 2:17 PM To: Cindy Berardi Subject: RE: License Agr A2110 Atikian Yes you can close this agreement.That address is the old gallery on the NW corner of Arenas Rd &S. Palm Canyon, now vacant.The APN number is incorrect on the agreement anyway. It should be 513-143-006. Sincerely, Felipe Primera, Engineering Assistant City of Palm Springs Public Works & Engineering (P) 760.323.8253 X8742 (F) 760.322.8325 ***Eng. Counter Hours:8AM-11AM &2PM-6PM MON-THURS*** From: Cindy Berardi Sent: Tuesday, September 28, 2010 2:11 PM To: Felipe Primera Subject: License Agr A2110 Atikian Can you please confirm the attached should be closed? According to Carl in Business License he doesn't have anything at that address. Thank you. <<File: A2110.pdf» C.inJL 5crarJi ❑e_pUt�Litt'Ocrk Office of tke City C_Ieri< City of Palm Springs P. O. Box 2743 Palm Springs, CA 92262 (760)322-8355 Cindy.Berard iapalmspringsca.gov Please note the office hours for City Hall are Monday-Thursday 8am-6pm, and we are closed on Fridays. Please consider the environment prior to printing this e-mail. Thank youl From: Carl Sessoms Sent: Tuesday, September 28, 2010 1:10 PM Alice & Vi' giaid Atikiad " lic agr for covered walkway @ 191 SPC AGREEMENT #2110 (Orig 7-18-84; Res 15179, 7-18-84 LICENSE AGREEMENT — THIS LICENSE, made and entered into this 18th day of July, 1984 by and between the CITY OF PALM SPRINGS, hereinafter called "Licensor" and Alice Atikian and Virginia Atikian, 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, maintain, 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 County of Riverside, State of California, described as follows: The property at the northwest corner of Arenas Road and south Palm Canyon Drive, known as 191 South Palm Canyon Drive and shown as parcel number 508-143-006 on the 1983-84 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 record or not affecting said property or any portion thereof. I 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. 4. In the event the structure placed hereunder on the public right-of-way at any time interferes with or restricts the reasonabe 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. 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 strzctsre'� eristeac�. 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 LICENSE AGREEMENf Page 2 to any property of any person caused directly or indirectly by or from acts of activities of the Licensor, or 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 & 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. If the operation u`rrder' this License Agreement results in an increased or de- creased risk in the iopinion 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 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. iJotice 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 cancel- lation date, submit to the City Clerk new evidence of insurance in the amounts heretofore established. 6. 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 � fect 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 land- scaping within said period of sixty (60) days. In addition, should Licensee at any time fail to comply with any provision of this License ­mnnt, Licensor may revoke this License Agreement and give written ni hereof, and Licensee shall within said sixty (6(l) Jay period remove thr Lure and restore the premises as aforesaid. LICENSE AGREEMENT • 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 postage prepaid, addressed as follows: To Licensor: The City of Palm Springs P. 0. Box 1786 Palm Springs, CA 92263 Attn: City Manager To Licensee: Atikian Building 191 S. 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 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 SPRINGS, CALIFORNIA City Clerk City Man,;69er REVIEWED & APPROVED ,4pFYtiUv � ' hq;,, ti;,�a`.' t�L)lJ�i�:Q9 ALICE ATIKIAN AND VIRGINIA ATIKIAN BYStzS, I`d�1. / f%�� Licensee SUBSCRIBED ANO SWORN TO BEFORE ME MIS.... DAY OF.. (J� . �.19SY �72 l NOTARY PUBLIC-CALIFORNi State of C_LTTF0E-TW On this the day of f— ��o,r�..._ 19E�;�before me, SS. ' y of ulr 2T_TGPSLQ the undersigned Notary Public, personally appeared L 2e r ,�Ir2Grv,r /Tit<i + �� Cl personally known tome BLANCHE S. BERGER 'x proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) .�i�"��— >='{q.a„. NOTARY PUBLIC-CALI FORNIA _Subscribed t0 the 2CITY AND COUNTY OF within instrument,and acknowledged that_"i executed It. SAN FRANCISCO hapWITNESS my %�and official seal.y Commission Expires June 29, 19a7 // //j/_3 1 n Notary's Signature GENERAL ACKNOWLEDGMENT FORM ISSUE DATE(larvIlIODP ) - -- _�23/84 PRODUCER — _( o 19 'n - J �1F'^Ca1G.6.G FRED S. JAMES & COMPANY MD o� G I -1Lrr�.uc 7� o .,C,T. no(� F�OPIOTr...�Js' , v_ uEh'_" E��n� u,.0 uM ;�* �<eG.,c'r' EI: �doE TII7 10LoCIc0�ELJOr. 220 Bush Street San Francisco, CA 94104 ^LC'�_"`., 7�C' , G�',�.=`LdL�Vi�r� r-no�'C:[ia�r3 I COMPANY , LETTER �-� - HARTFORD COMPAIN'/ INSUREDLEI Alice Atikian & Virginia Atikian COMPANY 999 Green Street, #1805 LEI ER L San Francisco, CA 94133 COMPANY LETTER COMI'AIJY LETTER " I u Vl�^6 tO CCC uVE, 4 U 6 DC 4 '2i E VIDPEKI a�CJCO L' a9 '^ -, Cu 1 ^G !, - - 'VP 710, -91!s ... _u V?SP.7 .C.. -. ,911'L.VT,. _:u, Sr:DET,D%` I I ...OLCL;AE i D .Us l",Cl a-]CCJ u_`Jtl..i_7. 9,.��G,C'7�.[-i us[,J. VG�B uu-.:.,, L' . ''u-V �.9ES"7^"�u"'G'v- .-.L w�uia ll�,. iuVLu �DGOOE.S?'.eS"eV':Ps._o�0�,_..u0'7.S;.,Uw.OL,Ts' :2u. PCUuCVL.,. TYPE OF!INSURANCE POLICY NUMBER POLICY EFFEC➢VE� POIJCV EXPIRATION LIABILITY LIMITS IN TC:i`L4P.G:7:' LTR OATF.(MODIF-Y) GATE(MMI00/V`O EACH AGOR=OATE _ l OCCURRENCE BODILY INJUR, A X] COMPREHENSIVE FORM wJU^v ;> _ PRENiISESIOPERATIONS Per - PRoaEBrr� ,;,, UNDERGROUND '� I EY,PI OSION P.C,OLLAPSE HA>11RD Binder PRODUCTSVCOMPLETBD OPEIATIONS I 57 CBP 207849 8/3/85 FIX DUAL EI C PD CONI co�umNED 2a 500 ('500 INDEPENDENI`CONTRACTORS X BROAD FORM PROPER DAMPGE XX j� PERSONOL INJUR`! i'ERSOi`UII_INJURY :'SDD VWu L u w"iCF9 9 ODDLY ANY AUTO IPCR PEREONI JM ALL OINiJEO;1U105 (PRIV PASS) ECOILI' OTHER IHA( N INJURY i ALL OWNED AUTOS' � IP[n ncCm[am `" (OTHER PASS HIRED Auros RROPeary d, _ NON-OvdNED AUTOS DaMi,ce s GARAGE LIABILITY BI D PD COi�4GI1JED v Illlr CCrESS L¢ ,CoLV'u V UMBRELLA FORM DI C PO C010BINED n 2 OTHER THAN UINBRILLA FORM i STATUTORY --��-- � - -- - -- `f,O.,I_lCuS -- �[7U IS (EACH ACCIDENT) ` IQ„ (019EASE-POLICY LIMIT) 5E:?�.fDCEE3S'?.9AGtVPe9'OT (DISEASE-EACH EMPLOYEE) C'd„ECl DESMIPTIOIN OF OPERATIONS/LOCATIOPISP!Eii1CLESVSPECIAL ITEMS Certificate Holder, its officers , employees, agents, successors and assigns are named as Additional Insureds as respects to use and repair of walkway covering situated at 191 South Palm Canyon Drive, Palm Springs, CA License .Agreement-$50_,000 - The City of P - -- - rip u u _. Palm Springs I a a D i 1 L u 'II' )'_9 P L O Do OP.O. Box 1786 P -, 7 0 Palm Springs CA 92263 C�03 s` 0FAfAo UL' Ntiea �_o � '�� L L � I y �o E —. -O i,, IwP72 3PCH I,6ADC„Ei .NV, IT,! y Attn: City Manager AOJIT�OAI=ED AEPRESEIv n n,e Bonnie L. Howard r