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
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1,0000,
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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
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CRuSAVER TNSuOANCE CO
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12:01 A.M.STANDARD TIME AT THE ADDRESS
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NAMED CATSBY TRA41SPOiJATION INC LNO LOCATION u 01
I.SuMUD AO.+' ERT ALLEN 23B N PALM CYN OR
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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
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3200 r�- TAHQUITZ JAY
PALM SPRIINCS CA 92261,
IN�UREO
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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
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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
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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 '
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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
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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
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PER EACH OCCURRENCE
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AUTOMOBILL LIABILITY INSURANCE L-NCCi;SE,%!�Nj
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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
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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
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EXCLUSIaN FOP LI1181LITY CLAIMS USMP 1012 03_ d7
OF AN INSURED usmp iall 03—L7
ADDITIONAL JNSUi, =L
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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
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LCOUNTERSIGNED BY: U)4—14(1
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U 9MP_J000 4_88 AUTHORIZED SIGNATURE WOODLAND HILLS,CALIFORNIA