HomeMy WebLinkAboutC23500 Hold Harmless - Suresh C. Shah 73733 Fred Waring DriveContract No. C23500
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Authorize the Mayor to Execute an Indemnification and Hold Harmless
Agreement
SUBMITTED BY: R. Page Garner, Senior Engineer/City Surveyor
APPLICANT: Suresh C. Shah
40530 Morningstar Road
Rancho Mirage, CA 92270
DATE: February 24, 2005
CONTENTS: Indemnification and Hold Harmless Agreement
Recommendation:
By minute motion, authorize the Mayor to execute an Indemnification and Hold
Harmless Agreement.
Discussion:
The subject request involves a lot line adjustment between Mr. Shah's Morningstar office
building parcel at 73-733 Fred Waring Drive (at San Pascual Avenue) and the five parcels to the
south, which abut Mr. Shah's parcel and which front on Santa Rosa Way.
The Planning Commission approved a waiver of parcel map (PMW 99-02) for the lot line
adjustment on October 19, 2004. As required on the City's application for a waiver of parcel
map, the applicant (Shah) acquired signatures of all property owners whose parcels were
affected by the proposed lot line change. Additionally, a block wall was built for the Morningstar
office building project on the adjusted property line location without dispute from any of the
property owners.
To validate the approved and recorded waiver of parcel map (PMW 99-02), new deeds must be
executed by all affected property owners and then recorded. However, Mr. Shah has been
unable to obtain executed deeds from three of the five adjacent property owners.
In order to release the City's hold on any future tenant improvements within the Morningstar
building, the City. Attorney has drafted an Indemnification and Hold Harmless Agreement to be
executed by Mr. Shah. A fully executed and filed agreement would remove the City from the
property line issue and release the hold on building permits for tenant improvements.
G:\PubWorks\Staff Reports\2005\February 24\Execute Indemnification & Hold Harmless Suresh Shah.doc
Staff Report
Page 2 of 2
February 24, 2005
Contract No. C23500
The property line issue between Mr. Shah and the three owners who have not executed new
deeds becomes a civil matter.
Submitted By:
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R. Page Garner
Senior Engineer/City Surveyor
Approval:
Homer Croy
ACM for DeveloprYient Services
Department Head:
Michael Err-nte, P.E.
Director of Public Works
Carlos L. Orte
City Manage
2
Contract No. c23500
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
This Hold Harmless Agreement is entered into this day of . 2005
by and between the CITY OF PALM DESERT ("City") and SURESH C. SHAH and
VISHAKHA S. SHAH, Trustees of the Shah Family Trust, U/T/A dated 7/31/00 ("Owner"), and
is made with respect to the following:
RECITALS
A. Owner is the legal and equitable owner of the real property commonly known as
73-733 Fred Waring Drive, Palm Desert, California and described as Parcel 1 of Certificate of
compliance, Waiver of Parcel Maphb. 97-30, Recorded 12/9/87 as Instrument No. 451171
Official Records of the County of Riverside, APN: 627-101-042-1, located in the City of Palm
Desert ("real property"); and
B. Owner has heretofore applied for a Parcel Map Waiver; and
C. Prior to the issuance of a Parcel Map Waiver, the Owner has agreed to provide to
City Property Owner Authorizations from the property owners whose property lot line was
adjusted, which the Owner proposes to include for the purpose of constructing a wall; and
D. Said Authorizations have been signed, dated, and received by the City; and
E. In consideration of the Authorizations, the application of Parcel Map Waiver and
this Indemnification and Hold Harmless, executed by Owner, City proposes to allow recording
of the Parcel Map Waiver #99-2.
NOW, THEREFORE, City and Owner agree as follows:
1. AGREEMENT
City, through its appropriate departments and agencies, shall issue to Owner a Parcel
Map Waiver and encroachment permit for the installation of a wall located at the premises
described as Parcels A, B, C, D, and E to Parcel "F" of said Parcel Map Waiver No. 99-2, City
of Palm Desert, County of Riverside, State of California, as the same has been approved by the
Planning Commission of the City of Palm Desert on October 19, 2004.
2. HOLD HARMLESS
Owner agrees to indemnify and hold harmless the City, its officers, agents, employees
and representatives, against any and all losses, actions, proceedings, or claims brought or made
against City, its officers, agents, employees and representatives, in connection with the
installation, existence, or maintenance of the wall, or as a result of, any accident which may
occur upon or because of said certain wall, including attorneys' fees and all other costs of
1
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Contract No. C23500
defense.
Owner's obligations under this paragraph 2 are covenants running with the Owner Parcel
and shall be binding upon Owner's successors in interest, heirs and assigns.
3. INTERPRETATION AND ENFORCEMENT
This Agreement shall be binding upon and inure to the benefit of the heirs, executors,
administrators, successors, assigns, officers, agents, employees, attorneys and representatives of
the respective parties hereto. In the event that any provision of this Agreement shall be held to
be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of
this Agreement. In the event of any controversy, claim or dispute between the parties hereto,
arising out of or relating to this Agreement, the prevailing party shall be entitled to recover from
the other party reasonable expenses, attorneys' fees and costs. This Agreement is made in and
shall be governed under the laws of the State of California.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
written above.
CITY OF PALM DESERT:
BY:
Printed Name
Signature
ATTEST:
City of Palm Desert
OWNER:
APPROVED AS TO FORM:
David J. Erwin
City Attorney
2
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, City Clerk
Printed Name
Signature
STATE OF CALIFORNIA
) ss
COUNTY OF RIVERSIDE
Contract No. C23500
On , before me, personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to be the person)s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument, the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
STATE OF CALIFORNIA )
) ss
COUNTY OF RIVERSIDE )
On , before me, personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to be the person)s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument, the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
3
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INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
This Hold Harmless Agreement is entered into this day of . 2005
by and between the CITY OF PALM DESERT ("City") and SURESH C. SHAH and
VISHAKHA S. SHAH, Trustees of the Shah Family Trust, U/T/A dated 7/31/00 ("Owner"), and
is made with respect to the following:
RECITALS
A. Owner is the legal and equitable owner of the real property commonly known as
73-733 Fred Waring Drive, Palm Desert, California and described as Parcel 1 of Certificate of
compliance, Waiver of Parcel MapNo. 97-30, Recorded 12/9/87 as Instrument No. 451171
Official Records of the County of Riverside, APN: 627-101-042-1, located in the City of Palm
Desert ("real property"); and
B. Owner has heretofore applied for a Parcel Map Waiver; and
C. Prior to the issuance of a Parcel Map Waiver, the Owner has agreed to provide to
City Property Owner Authorizations from the property owners whose property lot line was
adjusted, which the Owner proposes to include for the purpose of constructing a wall; and
D. Said Authorizations have been signed, dated, and received by the City; and
E. In consideration of the Authorizations, the application of Parcel Map Waiver and
this Indemnification and Hold Harmless, executed by Owner, City proposes to allow recording
of the Parcel Map Waiver #99-2.
NOW, THEREFORE, City and Owner agree as follows:
1. AGREEMENT
City, through its appropriate departments and agencies, shall issue to Owner a Parcel
Map Waiver and encroachment permit for the installation of a wall located at the premises
described as Parcels A, B, C, D, and E to Parcel "F" of said Parcel Map Waiver No. 99-2, City
of Palm Desert, County of Riverside, State of California, as the same has been approved by the
Planning Commission of the City of Palm Desert on October 19, 2004.
2. HOLD HARMLESS
Owner agrees to indemnify and hold harmless the City, its officers, agents, employees
and representatives, against any and all losses, actions, proceedings, or claims brought or made
against City, its officers, agents, employees and representatives, in connection with the
installation, existence, or maintenance of the wall, or as a result of, any accident which may
occur upon or because of said certain wall, including attorneys' fees and all other costs of
1
RMPUB\DJE\247431.2
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defense.
Owner's obligations under this paragraph 2 are covenants running with the Owner Parcel
and shall be binding upon Owner's successors in interest, heirs and assigns.
3. INTERPRETATION AND ENFORCEMENT
This Agreement shall be binding upon and inure to the benefit of the heirs, executors,
administrators, successors, assigns, officers, agents, employees, attorneys and representatives of
the respective parties hereto. In the event that any provision of this Agreement shall be held to
be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of
this Agreement. In the event of any controversy, claim or dispute between the parties hereto,
arising out of or relating to this Agreement, the prevailing party shall be entitled to recover from
the other party reasonable expenses, attorneys' fees and costs. This Agreement is made in and
shall be governed under the laws of the State of California.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
written above.
CITY OF PALM DESERT:
BY:
Printed Name
Signature
ATTEST:
, City Clerk
City of Palm Desert
OWNER:
r-ti , t :..S (. C . S-I-i ,R F-(
Printed Name
h
Signature
APPROVED AS TO FORM:
David J. Erwin
City Attorney
RMPUB\DJE\247431.2
2/12/05
STATE OF CALIFORNIA )
) ss
COUNTY OF RIVERSIDE
On a - k O , before me, personally appeared 54 R.'Z ¥ G .
personally known to me )s)
whose name*) ii,. - subscribed to the within instrument and acknowledged to me that
(2)LvileLtIley executed the same ifaryi /tlyt authorized capacity(*), and that b /t Ir
signaturet ion the instrument, the person ,or the entity upon behalf of which the person ,
acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLI
STATE OF CALIFORNIA )
) ss
COUNTY OF RIVERSIDE )
DEBBIE L. Wppp
Commission # 1341769
Notary Public - California
Riverside County
My Comm. Expires Feb 28, 2006
On , before me, personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to be the person)s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument, the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
3
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