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Home My WebLink AboutTemporary License Agrmnt - California VillasPALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: AUTHORIZATION TO NEGOTIATE TEMPORARY LICENSE AGREEMENTS WITH RESIDENTS WHOSE PROPERTIES SHARE PROPERTY LINE WITH HOUSING AUTHORITY PROPERTY KNOWN AS CALIFORNIA VILLAS SUBMITTED BY: JAMES CONWAY, CONSTRUCTION MAINTENANCE INSPECTOR DATE: MAY 13, 2004 CONTENTS: TEMPORARY LICENSE AGREEMENT WALL LOCATION SITE MAP AREA PHOTOS Recommendation: By Minute Motion, that the Agency Board: authorize staff to negotiate Temporary License Agreements, and the Chairman to execute same; and 2. authorize residents with properties sharing property lines with California Villas to use and maintain approximately two feet of Agency -owned property adjacent to their property line. Executive Summarv: Approval of staff's recommendation will allow residents bordering California Villas to remove their backyard fences and use the new block wall constructed by the Agency, rather than their existing fences, as the boundary of their yard. A decision not to approve the staff recommendation will result in back-to-back walls, two to three feet apart that would require maintenance. Discussion: The Palm Desert Redevelopment Agency acquired California Villas in March of 2003. The construction of a boundary privacy wail was necessary due to privacy and safety concerns. Staff was authorized to solicit bids which led to an award of contract to Barajas Masonry. The wall construction was completed in February. Block wall engineering required a two foot minimum set back from the existing retaining wall, which also allowed for construction to be completed without disrupting the existing fences, and encroaching onto the residents' properties for placement of footings. Recently, several of the WRDA\Maria Hunt\WPDATA\HOUSING\conway\stfrpts\051304templicagm.wpd Staff Report California Villas Block Wall - Temporary License Agreements Page 2 May 13, 2004 property owners have requested authorization to use the new wall as an extension of their backyard. Staff believes that it would be in the best interest of all concerned parties to allow this use of the land which could collect debris and prove to be a nuisance to maintain in the future. Consequently, the City Attorney proposed language for a Temporary License Agreement which would permit this use of the two to three feet of Agency property by the residents of the adjoining properties. A copy of that Temporary License Agreement is appended to this staff report. The term of the Agreement will be from the effective date of the Agreement until such future date as it is determined by the Agency that there is a need for the property for public purposes. Six months' notification will be provided to residents when and if such a public need is identified. The Agreement also prohibits residents from constructing any permanent structures on the strip of land, requires that they maintain and repair the properties, and indemnifies the Agency from actions arising from the residents' use of the land. With approval from the Agency, staff will notify adjoining residents that an agreement has been prepared by which they will be authorized to use the land. For those residents who choose to enter into an agreement, individual agreements will be prepared by staff and executed by the Chairman on behalf of the Palm Desert Redevelopment Agency. Submitted by: De James Co sa LaRocca Construction �innce Inspector 6rector of Housing Approval: . A/11 Jus ' Carthy ACarlosleg A MR development Executive Director GARDAWaria Hunt\WPDATA\HOUSING\conwaylstfrpts\051304templicagm.wpd TEMPORARY LICENSE AGREEMENT This Temporary License Agreement is entered into this day of , 2004 by and between the PALM DESERT REDEVELOPMENT AGENCY ("Agency"), and known as (hereinater designated as "Owner" of that parcel commonly RECITALS The Agency is the owner of property located adjacent to the Owner's property and is utilizing the majority of the property upon which are located apartment dwellings, located in the City of Palm Desert, California. Owner is the legal owner of property described as set forth in Exhibit "A" attached hereto and made a part hereof. A portion of said Agency -owned property is on the Owner's side of a permanent wall which provides a barrier dividing Agency's property. The portion of the property located on Owner's side of the wall is approximately 2 feet in width. Agency is desirous of allowing Owner to utilize that portion of their property located adjacent to Owner's property and to allow Owner to abut walls and/or fences to the Agency's permanent wall which is at the rear of Owner's property. NOW, THEREFORE, it is agreed as follows: 1. Riaht to Enter. For and in consideration of the above recitals, as well as the terms set forth herein, the Agency hereby grants to , Owner, the exclusive right to enter on and use that portion of Agency's property located on the Owner's side of the permanent wall to be utilized as open space and as a portion of their yard area. 2. Term. The license granted to licensee shall be effective from and after the date hereof and shall terminate at such future date as it is determined by the Agency that there exists a need for the property covered by this License for public purpose. Notification of said need will be given templicenseagmmpd 1 at least six (6) months in advance of the utilization. 3. Conditions of Use. Licensee is authorized to use the property subject to this License as part of their yard and open space area, but not to construct any types of permanent construction thereon other than landscaping. Licensee is not authorized to mechanically fasten or joining fences, walls, or structural appurtenances to Agency -owned wall. 4. Maintenance and Repair. Said property shall be maintained in accordance with the standards of maintenance for their regular yard area, and Owner agrees that they will not permit and allow public or private nuisance to exist on their property and shall surrender same if notice is given pursuant to paragraph 2 above. 5. Indemnity. Licensee agrees to hold the Agency free and harmless from any and all claims, demands, suits or any kind of expenses, including without limitation, all expenses of investigation of any such claim or action including reasonable attorneys' fees and costs and actions of any type arising out of or incurring as a result of the use of the property by the Licensee or successors, assigns, agents, employees, guests and invitees. IN WITNESS WHEREOF, this Agreement has been executed by the undersigned as set forth. PALM DESERT REDEVELOPMENT AGENCY OWNER 0 0 Robert A. Spiegel, Chairman Rachelle D. Klassen, Secretary templicenseagm.wpd 2 EXHIBIT "A" LEGAL DESCRIPTION templicenseagm.wpd CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF ) ) ss. COUNTY OF ) On , before me, Date Name and Title of Officer (e.g. "Jane Doe, Notary Public') 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. Signature of Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name of Person(s) Or Entity(ies) templicenseagm.wpd 4 DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF COUNTY OF On Date ) ss. , before me, Name and Title of Officer (e.g. "Jane Doe, Notary Public") 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. Signature of Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER I ❑ Individual I ❑ Corporate Officer ( Title(s) 1 ❑ Partner(s) ❑ Limited ❑ General IEl Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name of Person(s) Or Entity(ies) templicenseagm.wpd DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above CALIFORNIA VILLAS BLOCK WALL m { A CALIFORNIA VILLAS BLOCK WALL V7- CALIFORNIA VILLAS BLOCK WALL 4"i4 4