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HomeMy WebLinkAbout01550 - GRONE GOLDRING 238 NPC ENCROACHMENT Max Grone & Lewis Goldring License Agr - Encr r/w shade structure 238 N Palm Canyon LICENSE AGREEMENT AGREEMENT #1550 R13165, 11-7-79 THIS LICENSE, made and entered into this '/ day of ��-�' -� , 1979, by and between the CITY OF PALM SPRINGS, hereinafter called "Licensor," and MAX CRONE and LEIIIS GOLDRING, 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 sitting area and 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: Lot 14 in Block 25 of Palm Springs , as shown on map in Book 9 , page 432 of Maps, Records of San Diego County, California The portion of the aforesaid lands subject to said license, is particu- larly described as follows: Within the southerly 5 feet of the above described property, beginning at a point approximately forty (40) feet from the center line of North Palm Canyon Drive and extending approximately twenty (20) . feet easterly. and within the eleven (11 ) feet of sidewalk immediately adjoining the property located at 238 North Palm Canyon Drive for a shaded pedestrian way 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 main- tain 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 eaements , 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 con- structed 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 portion of Lot 14 at any time interferes with or restricts the reasonable .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. Agr. No. Page '2 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 its sub-licensees , 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 City 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 F, 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 Palin 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 can- celled 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 insurance in the amounts heretofore established. Agr, No, Page 3 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 provide 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 , California 92263 Attention: City Manager To Licensee: Max Grone or Lewis Goldring 234 North Palm Canyon Drive Palm Springs, California 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 or party thereunto duly authorized as the day and year herein first above written. _ / A CITY OF PALM SPRINGS, CALIFORNIA BY e t' ;ez" n� puty City Clerk City Manager " REVIEWED & APPROVED r <;r:4.� v w 1,0000, P .ma 13, Max Gnone Luuv, Go_ ng POLICY DECLARATIONS A "'d THESE DECLARATIONS REPLACE ALL PRIOR DECLARATIONS,IF ANY,AND,WITH THE POLICY PROVISIONS AND ENDORSEMENTS,COMPLETE THIS POLICY. PAGE FdLid iRII 0 CY r LI p 0 CRuSAVER TNSuOANCE CO CT -%4Ibn2 FROM TO UZ-28-90 12:01 A.M.STANDARD TIME AT THE ADDRESS L L OF NAMED INSURED. ...... bAk UP TAVERN NAMED CATSBY TRA41SPOiJATION INC LNO LOCATION u 01 I.SuMUD AO.+' ERT ALLEN 23B N PALM CYN OR AND C'Alst'yls / WINNERS PALM SPQINa S CA 92262 MAILING 1430 ADURKS2 :PALM SPRINGS CA 92263 #'U'VH K CURITS INS SERV 029459 AEINSTATEMENT IF 0 a0A 8777 TfltSE DECLARATIONS Ai4E 1FALM SPRINGS CA 92 2,6 3-6. 7.77 ',Eff,C,(;TIV-E 01-11-99 1 1 9-3 2 7-8 51L.6 ENDORSEMENT 0 1-07 CONTINLEL eROM PAO- 3 LT:IIS 0tSLRIPT'101`1 IF COVERACFs PCRN51 A P P L I C A Ell L PREP IV N INSIUkFU L'fl'j! 4SEIVZNT---M GPCN, 3z -/ L 60LO-,lrNG F, fi OR HERSCflcLt BURSTQN 455 AZUL CIPLF PALM SPRINGS IA 92'-64 INSIJktS OiP PALM SPPINGS �6 3200 r�- TAHQUITZ JAY PALM SPRIINCS CA 92261, IN�UREO ENYEqTAIi4NCNT 177 S-LV,-:R SPUR RD kOLLIN�, HILLS I. tT 'A LFA & ASSOCIATES $6 24 FISHED AVIE t6-2 LCSTA F�ESll CA 92626 PREMIUPt rI& THIS LOCATION A1' 523 TOTAL EOA THIS 1.61CATlniq TOTAL PREMIUM f(IR THIS CECLARATICN 11, 523 TOTAL ISPP'OICE F5t FOR THIS T)cCLARATTCN "A Tf)TAL Fu'k THIS VE-CLARATTOM '; 1' 5338 COUNTERSIGNED BY: USMP-1000 4-88 AUTHORIZED SIGNATURE WOODLAND HILLS,CALIFORNIA POLICY DECLARATIONS 1,�L, - 15'13 THESE DECLARATIONS REPLACE ALL PRIOR DECLARATIONS,IF ANY,AND,WITH THE POLICY P OVISIONS AND ENDORSEMENTS,COMPLETE THIS POLICY. '� �C. PAGE Q V-eit.L.� � " 2 3 i ..... . coMRnvr Rnovlomc cov wo. p'� /''� p{,){�' yCEIVED C T=----7y 16eZ FROM O�— C H`r TO 0' 2 r Q 12:01 A.M.STANDARD TIME AT THE ADDRESS oR.ww+lox•wxo�.cwnov covswso L;,iry OF NAMED INSURED. tiAri GTE TAVeR'N . YA75FSY 3 AFJSi�ORTATiON 1,4L w\U LOB dTIt71 _ FJ.1 n p' CLERK NAM6O INwuwcc BOaEF?T AiLvPJ '3a Po PALM CY-�1 JR wNn 6ATSL'Y'IS 4 FALN SPR-INuS CN 9226'2 MARLIN. r a ay h 14 4 wo.wcs� IFAL��! Sr"-R INci.S CA ':3d 203 ......Row•....osu APRAn.x• •ROOYCiw � EUGH K CUPTIS 1NS SFRV 029459 REINSTATEMENT IF U BOX a717 THESE -VECL.ARATIONS ARE SF!R,+,Na s CA 92263-6777 , EfF?E TIVE Efi-5-327—z5515 ENDCR7 ERENT 9 1-0 LIHIIIS DE.SCIPIPTION OF CCVr.RACES r-ORHS APPLICABLE PRCFIUM ' \y SECTION I PROPERTY Ct7VzRAGF b1 0y000 0,wNEO FUILCINU COVFRA,,F Nil u0 1G (11-63 s272 GENERAL nUILDIN'c' rCklm 90,4 LAINSURANrL APPLIE5 iQ0 LnCUCTIriLL 40PLIES 8 O �OCO Cti�MTF. TS COYF,�AG = pqP a pl— E ? 3271 GLNtRHL PERSONAL PRGPcRIY FOpH �OZ i;IINSURANCE APeLI S $5i0 C-:CUCTI;Lc APPLIE; 41,0C4 VALIUA �iLE PAPERS ANO RLCGPUS FieL`URSENltjT PIP J4, 70 07-77 1N,IrL. LOSS OF EAPNIIPGS ENuAl. ScMcNT : 5'� P(IkM NP 15 93 07- 77 Srl%L . U2 ,,OCO rACh THIRTY DAYS 58, CCO AL-GREGATE Li','IT COFI ;-i- SHOP 7� P-31 P,iOTfLTIVE SArI-I,UARCS WARRANTY C:CUCII.,Lr AS SP4-LrFTcJ; ",iP ul 31 J'OL ?47 Es,;l;kSs_��c`la? . 'n:' 91 Eli 07- 77 C1:L LF C,ntd le. .d,=,_&i✓ `:1 ',"r,`! i[�d ^�J F, S 'i: NT 29P ill {� :. Oi—rl. A:{hijN;ii [UPi ., J.+ Ci-I � 4w4 °i1'i:; ; rY ai TH ^r171''1G5G uFi ,a Gr.; 7 COUNTERSIGNED BY: sy JAN C 1990 �USMP-7000 4-88 AUTHORIZED S—lffffATUM WOODLAND HILLS,CALIFORNIA POLICY DECLARATIONS THESE DECLARATIONS REPLACE ALL PRIOR DECLARATIONS,IF ANY,AND,WITH THE POLICY PROVISIONS AND ENDORSEMENTS,COMPLETE THIS POLICY. PAGE �oLicy r. ...... CPUSA0fR INSURANCE CC FROM OZ-29-19') TO 02-2j-30 12:01 A.M.STANDARD TIME AT THE ADDRESS III .orswwnoxa A..L ..Tl.....V.... AL OF NAMED INSURED. hAR UP 'TAVERN NAMKI3 ;jATSdY TRANSPORTATION INC F-\iU LOCATION 4 61 INSUR91) AObERT ALLEN 236 N PALM CYN DR AN. GATSEYIS /, OIN NEkS PALM SPRINGS CA 92262 MAILING F 0 bOx 1430 wGGReaa "LM SPRINGS CA 9Z263 fu.A K CURTIS INS SERV 029 459 R E I NST A T E N E-NT IF 0 BOX 43777 THESE DECLARATIONS 'ARE 'iPALM SPRINGS CA 92Z63-67717 EFffCTIVk t 01-19-94 1'9 a's I ENDORSEMENT Y 1-07 CONTINUED FRO14 fAdi I LIMIJIS bEScRIPTINUN OF CCVERAGFS FORMS APPLICIIIBIE PPEFIU? SECTION 11 LIABILITY COVERAGES ,,=00 , OCO SPECIAL MULTI PERIL LIABILITY mp GO 93 03- 87 a748 8001LIf INJURY LlAoILTTY ANO L 202 10- 17 PkI,PERTY GANAGE LIABILITY COM61NEO SINGLE LIMIT :00 PkOPEkTY uAMA6E LIABILITY CEPUCT12LE PER EACH OCCURRENCE * j0 ,000 EMPLOYFRIIS NON-OWNERSHIP f4P 222 07-77 INCL . AUTOMOBILL LIABILITY INSURANCE L-NCCi;SE,%!�Nj t50, 0co riqciD-NTAL CONTRACTUAL LX;4,�IILITY lkSJJR�NCE MP 00 23 1 03-67 INCL . i500 ,000 PRODUCTS AND -10PIPLETfD CVFPATlt)N-- MP 0093 03- 87 $17 LIABILITY INSU2ANCE 0 V D 0 PERSONAL INJUkY LIABILITY INSUPANCF #JSMP 35 11-7.9 t21 LIQUO LEuAL LIAPILITY INSURANCE L9492 TIP on q-i r. y 7 117 N AFL X C L 1,5 1 C N EN o I),R S E j�tj T I76r U uIP-1-4 J ; 2- 15 T 4 CQNTINL �L Ch 3 COUNTERSIGNED BY: USMP-1000 4-88 AUTHORIZED SIGNATURE WOODLAND HILLS,CALIFORNIA I POLICY DECLARATIONS THESE DECLARATIONS REPLACE ALL PRIOR DECLARATIONS,IF ANY,AND,WITH THE POLICY PROVISIONS AND ENDORSEMENTS,COMPLETE THIS POLICY. PAGE 3 CRU540EP TNSURANCr CC LtC-741682 TO 02-2d-90 A.M.STANDARD TIME AT THE ADDRESS ....... OF NAMED INSURED. CAR OR TAVEr-r4 z' ATSITY TRAN5PIQkTATION INC LNO LOCATIUN III al NAMED INSURKD AObEPT ALLLN 238 74 PALM CYN OR AND cAls8yes / WINNERS PALM SPRINGS CA 92262 MAILING F 0 BOX 1430 ADDRUSS FALlv SF)f:,'INGS CA 922u3 KIK^50N 1`01t THKSK DItCLANATION. kU'GH K CURTIS INS SFRV 029459 REINSTATEMENT 4 01 BOX, a777 THESE DECLARATIONS hNE PALM CA 92263-6777 EFFECTIVE 01-19-90 629-327,8516 ENDGRSEMENT A 1-07 'CeNITINLEC FROM PA`�k­ 7 LIMTIS DESCRIPtION OiL COVERAGES FORMS APPLICABtL PREMIUM FIRLAkM EXCLUS!rjAl lj5mp lout 01- 66 rjCG EXCLUSION USPIP i002 0,5— 6 7 EXCLUSIaN FOP LI1181LITY CLAIMS USMP 1012 03_ d7 OF AN INSURED usmp iall 03—L7 ADDITIONAL JNSUi, =L c EXCLUSION Cr PPOFF!SSiONAL LIABILITY USIMP 1113 0(z—u7 POLLUTION EXCLUSION USMF IOU8 06—d7 GENERAL SLH_T[IuLt—SECTIO�,J 11 Mp 59 91 0 ,— 1 TtRVIhATIQN OF eMPL0YHFNT sXCLUSION lismp 1009 13-67 DEFENSE OF CLAIMS CR UITS Usmp 1010 03-67 SPECIAL MULTI—PERIL POLICY pllp 00 90 07- 77 CONCITIONS ANO DFFINITICNS SPECIAL EN!:0PSEmF ;T U s It'!p 10 0 3 0 7—�7 LCCATION SPECTAL H[JLqT—P;.QIL POL11-Y j4r , ,�T USmp louni I2— t;7 LCOUNTERSIGNED BY: U)4—14(1 �_' 4_'4" U 9MP_J000 4_88 AUTHORIZED SIGNATURE WOODLAND HILLS,CALIFORNIA