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Home My WebLink AboutSR - LICENSE AGMT - MARRAKESHContract No. C26060 PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: APPROVAL OF A LICENSE AGREEMENT BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND THE MARRAKESH COUNTRY CLUB TO PROVIDE FOR THE MAINTENANCE OF 1.88 ACRES OF AGENCY PROPERTY SUBMITTED BY: STEPHEN ARYAN, ASSISTANT TO THE CITY MANAGER DATE: DECEMBER 14, 2006 CONTENTS: LICENSE AGREEMENT Recommendation: By Minute Motion, that the Agency Board approve the attached License Agreement between the Palm Desert Redevelopment Agency and the Marrakesh Country Club to provide for the maintenance of 1.88 acres of Agency property. Discussion: In February 2006, the Palm Desert Redevelopment Agency entered into a Disposition and Development Agreement with the Coachella Valley Water District (CVWD) for the transfer of real property between both agencies. The CVWD obtained Agency property located on approximately 5.84 acres of vacant land at the southeast corner of Beacon Hill Drive and Hovley Lane. The District will use this property in expanding their current facilities that are adjacent to this parcel. The Agency in return acquired approximately 1.88 acres of vacant land along Portola Avenue, adjoining the Marrakesh Country Club. The Marrakesh Country Club Board of Directors indicated an interest in entering into a license agreement to provide maintenance for this newly acquired parcel adjacent to their club. The Club regularly inspects and monitors the exterior perimeter of the property to remove debris and trash. This Agreement permits the Marrakesh Country Club to inspect, monitor, maintain, clean, and plant landscape materials, in enhancing the property's aesthetic appearance. The property cannot be used for any other purpose without the prior written consent of the Agency. Staff Report Approval of License Agreement between Agency/Marrakesh Country Club Page 2 of 2 December 14, 2006 In the event that the Agency conveys the property to the City of Palm Desert, this Agreement would automatically transfer over to the City. Staff recommends approval of this agreement, as it is mutually beneficial to both parties to maintain this property. Submitted by: Z Ste heri'Aryan Assistant to the amanager Approved by: A'� Carlos Ortega Executive Director Reviewed by: r .� st McCarthy AC Redevelopmen BY RDA ON la-JL--C((7 VERIFIED BY Ut<.1 r`ff Original on file with Cit y Clerk's Office Contract No. C26060 CITY OF PALM DESERT LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is made this day of , 2006 ("Effective Date"), by and between the PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic ("Licensor") and MARRAKESH COUNTRY CLUB, a California corporation ("Licensee"). RECITALS A. Licensor is the owner of that certain real property ("Triangle Property") located in the City of Palm Desert, County Riverside, State of California, Assessor's Parcel Number 630-200-019, as is more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference. B. The Triangle Property is located adjacent to Licensee's property. Licensee regularly inspects and monitors the exterior perimeter of its property for the purpose of removing debris, trash, and junk. Licensee now desires to also maintain the Triangle Property and to enhance its aesthetic appearance. D. Licensee desires to obtain a license to use and maintain the Triangle Property clean and free of debris, junk and trash and to enhance its aesthetic appearance. E. Licensor is willing to grant Licensee a license to use and maintain the Triangle Property on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants, agreements and stipulations herein contained, the parties agree as follows: AGREEMENT 1. Grant of License. Licensor hereby grants to Licensee a revocable license to use and maintain the Triangle Property, subject to all of the terms and conditions hereof. 2. Use of Triangle Pronertv. During the term of this Agreement: a. The Triangle Property may be used by Licensee solely for purpose of maintaining the Triangle Property free and clean of trash, junk and debris and to enhance the aesthetic appearance of the Triangle Property. More specifically, the Triangle Property may be used by the Licensee for inspecting, monitoring, maintaining, cleaning, planting, ingressing and egressing, enhancing its aesthetic appearance, and removing debris, trash and junk from the Triangle Property. The Triangle Property shall not be used for any other purpose whatsoever without the prior written consent of Licensor. b. Licensee's maintenance and use of the Triangle Property shall be subject to compliance by Licensee with all applicable zoning, permit requirements and other regulations and ordinances of the City of Palm Desert and any other governmental authorities which apply to such activities. RMLIT'JTURNEY',270631.2 C. Licensee shall also be authorized to add to and/or modify the current chain system located on the Triangle Property to further discourage vehicle access and to landscape and plant material on the Triangle Property in order to soften and/or mitigate the appearance of the chain system and make the Triangle Property look less like a parking lot. Prior to taking any action described in subparagraph 2(c), Licensee shall garner approval from the Licensor before proceeding. d. Licensee shall be provided a copy of any keys that may be required by Licensee to access the Triangle Property. If Licensee requires any other assistance from the Licensor to access the Triangle Property, it shall be reasonably provided. 3. Notice of Action. Should the Licensor decide to use the Triangle Property for any other purpose or to sell the Triangle Property at some future date or transfer the same to the City of Palm Desert for open space, Licensor shall provide Licensee notice of such action. 4. Term. This Agreement and the license granted hereunder shall commence upon the Effective Date and continue indefinitely until terminated. This Agreement and the license granted hereunder may be terminated by either party with written notice to the other party of termination not less than three (3) months prior to the date of termination. Abandonment of the use and maintenance of the Triangle Property by Licensee shall terminate this License, irrespective of any failure to notify Licensor. And, this license shall terminate upon a change in ownership of Licensee or the property where it is situated. 5. Condition of Provertv Not Warranted. Licensor does not warrant or represent that the Triangle Property is safe, healthful or suitable for the purposes permitted under the terms of this Agreement, and Licensee agrees to use and maintain the Triangle Property in "as is" condition and subject to Licensee's prior and continuing inspections as to the condition and suitability of the Triangle Property. 6. Notices. Mailed notices shall be addressed to the parties at the addresses listed below, but each party may change the address by written notice in accordance with this paragraph. Agency: Palm Desert Redevelopment Agency Palm Desert Civic Center 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Executive Director Licensor: Marrakesh County Club 47-000 Marrakech Drive Palm Desert, California, 92260 Attn: Daniel J. Cooper, CCM, CMCA Executive Vice -President / General Manager RMLITJ'I URNEY 270631.2 7. Indemnification of Licensor. Licensee shall defend, indemnify and hold Licensor free and harmless from and against any and all liability, loss, damage, costs or expenses (including reasonable attorneys' fees and court costs) arising from or as the result of damage to the Triangle Property or the death of any person or any personal injury, accident, claim, loss or damage whatsoever caused to any person or to the property of any person resulting from or in any way connected with the condition or use of the Triangle Property by Licensee pursuant to this Agreement or any means of ingress thereto or egress therefrom. 8. Indemnification of Licensee. Licensor shall defend, indemnify and hold licensee free and harmless from and against any and all liability, loss, damage, costs or expenses including reasonable attorneys' fees and court costs arising from or as a result of any death of any person or any personal injury, accident, claim, loss or damage whatsoever caused to any person resulting from or in any way connected with any action by licensor or any of its officers, agents or employees with regard to the Triangle Property. 9. Personal License Only. It is expressly understood and agreed that this license is personal to Licensee and shall not inure to the successors or assigns of Licensee. 10. Licensee has no Interest or Estate. Licensee understands and agrees that it does not hold and shall not claim at any time any interest or estate of any kind or extent whatsoever in the Triangle Property by virtue of this license or Licensee's use or maintenance hereunder. 11. Written Agreement as Entire Understanding of Parties. The making, execution and delivery of this Agreement by Licensee has not been induced by any representations, statements, warranties, or agreements other than those herein expressed. This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties, relating to the grant of this revocable license. This Agreement may be amended or modified only by a written instrument signed by the respective parties. 12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. (SIGNATURES APPEAR ON FOLLOWING PAGE) RM LITJTU RN FY\270631 2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. LICENSOR: PALM DESERT REDEVELOPMENT AGENCY Date: Attest: By: Carlos L. Ortega Executive Director Rachelle Klassen City Clerk, City of Palm Desert By: Date: By: Date: LICENSEE MARRAKESH COUNTRY CLUB Daniel J. Cooper, CCM, CMCA Signature Name RMLIT JTURNEY`27063 t .2 STATE OF CALIFORNIA ) ss. COUNTY OF ) in 2006 before me, Notary Public, personally appeared 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 ) On , 2006 before me, Notary Public, personally appeared 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 RMLITJTURN[Y 270631.2 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF BY METES AND BOUNDS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTH HALF OF THE SOUTHEAST QUARTER; THENCE NORTHERLY ON THE EASTERLY LINE OF SAID NORTH HALF OF THE SOUTHEAST QUARTER, 422.03 FEET; THENCE SOUTH 56055'30" WEST, 773.22 FEET TO THE SOUTHERLY LINE OF SAID NORTH HALF OF THE SOUTHEAST QUARTER; THENCE EASTERLY ON THE SOUTHERLY LINE OF SAID NORTH HALF OF THE SOUTHEAST QUARTER, 654.87 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO PALO ALTO TOWN & COUNTRY VILLAGE, INC., A CALIFORNIA CORPORATION, AS TO AN UNDIVIDED ONE-HALF (1/2) INTEREST, AND BOHANNON DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION, AS TO AN UNDIVIDED ONE-HALF (1/2) INTEREST, BY DEED RECORDED APRIL 23, 1974 AS INSTRUMENT NO. 47245 AND SEPTEMBER 27, 1974 AS INSTRUMENT NO. 125117, BOTH OF OFFICIAL RECORDS. RMLITVTURNEY,270631.2