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Home My WebLink About01934 - MALOOF SLAYMAN R/W 186 SPC Cindy Berardi From: Felipe Primera Sent: Tuesday, September 28, 2010 9:57 AM To: Cindy Berardi Subject: RE: Old License Agreement Yes—this is no longer valid. 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 &ZPM-6PM MON-THUR5*** From: Cindy Berardi Sent: Tuesday, September 28, 2010 9.56 AM To: Felipe Primera Subject: Old License Agreement I believe the attached License Agr. should be closed out. The business was closed for ages and upon reopening it has a different owner per attached response from Carl in Business License. Can I close it? <<File: Al 934 G Maloof and J Slayman.pdf» Cind9 5erardi DcPLA�j City Clerk Office of the City Geri City of Palm Springs P. 0. Box 2743 Palm Springs, CA 92262 (760)322-8355 Cindy.Berardi(p, almspringsca.aov 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 you! From: Carl Sessoms Sent: Tuesday, September 28, 2010 9:34 AM To: Cindy Berardi Subject: RE: License Holder at Specific Location • 46 3(G, & 51aymin,.T, iic agr re covered walkway within r/w @ 186 sPc AGREEMENT #1934 (Orig 5-4-83) LICENSE AGREEMENT Res 14587, 5-4-83 THIS LICENSE, made and entered into this 4th day of May, 1983 by and between the CITY OF PALM SPRINGS, hereinafter called "Licensor" and Gerald Maloof and Joyce Slayman, a partnership, 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: Beginning at a point 130.00 feet north of the centerline intersects of South Palm Canyon Drive and Arenas Road and 40.00 feet east of the centerline of Palm Canyon Drive; thence 12. 50 feet west along a line perpendicular with the centerline of Palm Canyon Drive; thence southerly 107. 50 feet along a line parallel to the centerline of Palm Canyon Drive; thence easterly 102.50 feet along a line parallel with the centerline of Arenas Road;thence northerly 7. 50 feet along a line perpendicular to the centerline of Arenas Road; thence westerly 90.00 feet along a line parallel with the centerline of Arenas Road; thence northerly 100.00 feet on a line parallel to Palm Canyon Drive to the point of origin. 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 of 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. 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 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 LICENSE AGREEMENT 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 E 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 under this License Agreement results in an increased or de- creased 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 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 cancel- lation 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 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 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 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. • 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: Maloof Building 186 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. y By ST CITY OF PALM SPRINGS, CALIFORNIA Y `—'City Clerk -City Manager/ REVIEWED & APPROVED: GERALD('MAL"OOF and JOYCE SLAYMAN, A Partnership Licensee APPROVr.r.j 8Y Tli CITY CCd:1 r� WY�E8. tq(). -7 3 II I�, I • : r,,:l f>.'r✓uI "o-c,� �� r, yid 1' . IF ) I If c _ ,,,I ,.r, n, "_- F _ .,uBi �q.i I,•t q,, yu, I, cv. :,V A, 11. r'r, 1"Mw, .> r Irl. , d, [hwd ANU ADDRESS 01 AGEfVry pp 0 'JOSE'PH CHASE INSURANCE AGBNCY, INC IP 0 BOX 2077 coN4PArn iPALM DESERT, CA. 92261 R UNITED PACIFIC —— COMPANY P , fLETTER NAME AND ADDAI'sS OF INSURED ----" —"---- -- — COMPANY GERALD MALOOF AND JOYCELENE SLAY.MAN rrER 186 SO PALM CA7`.`dYON DRIVE coMPArry PALA7 SPRINGS, CA, 92262 LETTER --- — —.--- coRIPAi", �^ I; Ic,TEP -, ----- -- — !'1=L=to eert iro!:c:es ei o•I;iiis,ad-bJ�+ihwc 6-ca lssueC�o;h,c ivamed ne:aeci aDN,-Fod 0 a in:orce IF,Yna'.u-ne '�'rw✓;L'�=�eq�l�-r�•;r r2nd':ern^ _____ v, "c n u mnul •:I u o L,A C n oo, c' ,.r V r': ^rlrh`h,y ra b`c-". ,ay L I�suod m : ; Fe trlr�, m ue s cl c ]O IO ce D a chd Lv Pi- es, wed ha em Is au3iiv¢m Al W I In,.. ,uu,-s. d,urcn MOJ suer p.,lU=. cc I Ci< 1YPL OF INSURANrE POLICYI UIr 3FB E U MPOU I DATE FA F _ Occu. ENC, GCPLGnf F' . [��—^, TAM&INIJUNY G �-U,IPRLIIENSIVE II-ONM BC702294�7 � 9 1 &3 - 01 LnPRE;IISIs—OPC'A,IOIis PPOPERTtDAMACF ) IN Exwc;vw nz�D counPSE I LWWI D Ej w:LCRePowvD HAI,tlm - PRc`E ,,i o ,'o ii a-a �r -hCOl4 L;FPTUAI_ IH�uRn PiCF j gnDlLrinVllgy rp,D P:;61'citll D.Jnn6L ✓NS RN 2, 000 '1Y p 2 , 000 i MID" ORlvl PHO��El L N'l COfn PIM1'ED - -�7 � f,.IIiP�PENI^EMIT (ANT&ACTOR;! r ' I i u-`695ONnL IHJUH 1 -- -- -- - - - I PFPbANAL IIJIURY I � � . ," InFY p ' I .,nl ,tH❑ P/I IaF',. i DOWNED -- —_—. �I`/nql"IAGL A011-Ov9JI D -- — � i ' RIV,IBJN: OD ! ', PQOPLf`l'OAP+APE i _CWJ BII,IE'J Ron E avur', ,��u I— un,unr LLn FOP.av ! I PItUP.k,Y D:•,Ml,6L bI HER,HAGI NidGREI LA j i i COf,98hJFP _ TGlird — _ - �•� i i -- _ - _— ,I nrll rrlP'lli_ i D iIP-Tlnfl x CPER4TI0 /�„C, OP'S P.E : CONSTRUCTION i MAINTENANCE OF WALKNAY COVERING INSURED AGREES TO HOLD HARMLESS AND DEFEND THE CERTIFICATE HOLDER FROAz LIABILIT.I 'AT•ISING FROM ANY ACTION OF THE INSURED AND FROM ANY LIABILITY ARISING FROM ILIJUPIt:S OkC_DINMACE Tn PE1+' C?t1 OR.—PROPERTY AS,_RESULT OF_ SAID STRUCTTURB ' S EXISTAi?CF. - H r.ic: Shcfl J any W un HMO ucsci Ibcu I.Jhae: be rmwoic-d 5_Pore the "miraiic d21c J^e -„I it-,- EAN 9e com- pany lJlii endedvO1 to mad -,30 OF" Nn-iFIvn name to Me 'Jebw named CC, T'C,,ae hm'dcr. LUt iEiLlie NO mail such FiNce shall Impose no oolywyn -r-IaiDduy of any band upon iPie compon y. NAMED ADDITIONAL INSURED AS PERTAINS TO ABOVE !,"MF AND ADDRESS 0'CERTH CAI LFOLDEP" i CITY OF PALM SPRINGS DAIE ISSUED P 0 BOX 1786 PALM SPRINGS, CA, 92263 1 �' ! . ��,,r� FE I " aorHo ED R— e�wrnTroL ATT--CCJTY MA1VAs — acufeu 25 a-79) I i � !�