MUP2020-0001 Madison Club Temporary Office Trailer (02.20.2020)Lot 52B Desoto Avenue, La Qu i nta 92253
Minor Use Permit doc
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MADISON CLUB
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ADJACENT LOT USAGE AGREEMENT
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THIS AGREEMENT, is made this B�'r 1 2020 by and between
Firenze View Inc, having an address at C/O Reggie Boric m, ,
Sap i:S ("First Party"), Bradshaw Construction Inc. of 81335
Thunder Gulch Way, La Quinta CA 92253 ("Second Party"), and The Madison Club Owner's
Association ("Third Party").
WITNESSETH: That in consideration of the mutual covenants and agreements to be
kept and performed on the part of said parties hereto, respectively as herein stated, the parties
do hereby covenant and agree as follows:
The First Party hereby grants to the Second Party, its agents and permitted
assignees a license for access/egress over and storage oil the property owned by
the First Party and located at Lot 52 of Tract No. 33076-2 in the County of
Riverside, State of California, La Quinta, CA 92253 (the "Property"). This
license shall be in effect for a period of 12 months from the date of this
Agreement, or until terminated pursuant to the terms of this Agreement. The
renewal of this license (if any) shall be at the sole discretion of the First Party.
The license period shall include the reinstatement period set out in paragraph
5(a).
2. The Second Party may store the following materials on the property (please
mark through any that you will not allow on your property):
a. building materials;
b. live landscape materials,
C. vehicles, including pick-up trucks;
d. equipment;
e. dumpsters, and
£ office trailers.
The Second Party shall not store any of the following materials and equipment
upon the property (please MARK THROUGH any that you WILL allow on
your property):
a. pumps;
b. tractors;
C, fuel oiled loaders;
d. concrete/paint washouts; or
C. toxic or hazardous materials.
4. The Third Party hereby grants to the Second. Party a license for access and egress
for the Second Party across the property owned by the Third Party and defined
as street and curb area. Within fifteen (15) days after vacating the Property, any
damage to streets and drive, curb and gutter caused by such access and egress
by the Second Party shall be repaired and restored to the condition existing
immediately prior to this License under the direction of the Madison Club
Design Review Committee and Security, at the sole expense of the Second Parry.
The Second party agrees to abide by all rules, regulations, covenants, conditions;
and restrictions of the Third Party.
5. The Second Party's right to use the Property for the aforementioned purposes
shall be subject to the following:
a. Within fifteen (15) days from the final use of the Property, and/or as
directed during renovation reseeding schedule, the Property shall be
returned to the same condition as existed prior to the Second Party's use
of the Property to the satisfaction of the First Party, making good any
damage caused including restoration of any vegetation on the lot to
comply with the Madison Club Owner's Association's dust control
program, under direction of the Madison Club Design Review
Committee, at the sole expense of the Second Party. Without limiting
the foregoing, the Second Party shall repair and restore all irrigation,
pipes, heads and irrigation equipment and grading on the Property to
their original condition.
b. The First Party shall have the right to terminate the Second Party's rights
to use the Property forthwith at any time after ten (10) days after the date
of the Agreement by delivering written notice to Second Party and to
Third Party. If the Second Party fails to put insurance in place as
provided for herein or if any such insurance policy lapses for any reason,
the First Party may terminate the license forthwith.
C. The Second Party shall ensure that its officers, employees,
subcontractors and agents comply with the terms of this Agreement; and
The Second Party shall be liable for the acts and omissions of such
persons and any breach by them of this Agreement.
d. The Second Party hereby agrees to indemnify, hold harmless, and defend
the First Party, the Third Party, Madison Club, LLC, Discovery Land
Company and The Madison Club Owner Association from and against
any liens, claims, liabilities, damages, losses, costs and expenses
(including attorneys' fees and expenses) resulting directly or indirectly
from the Second Party's use of the Property including (i) the use, neglect,
acts, omissions, breach or wrongful acts of any contractor or third parry
who enter onto, store property on, or otherwise use the Property during
the license period, (ii) the death or injury of any person whomsoever
arising from the use of the Property by the Second Party, and (iii) the
exercise and/or breach of any of the Second Party's rights and
obligations under this Agreement. This indemnity shall survive
termination of the license. During the license period the Second Party
also agrees to name the First Party and the Third Party as additional
insured under the Second party's general liability, public liability,
worker's compensation, and automobile insurance policies against all
risks (including but not limited to contamination) during and after this
Agreement arising from the Second Party's use of the Property. The
Second Parry shall supply the First Party and the Third party with
satisfactory evidence of the amounts and types of coverage in place
before entering onto the Property. The Second Party's insurance shall
be the primary insurance throughout the Second Party's use and benefit
of the Property. Please email the certificate of insurance to the attention
of: Suzanne McNulty at 'inicn.
e. The Second Party shall maintain the Property in conformance to The
Madison Club Owner's Association Construction Guidelines.
6. The Agreement shall be binding upon the parties, their successors, assignees,
and personal representative. Time is of the essence on all undertakings This
Agreement shall be enforced under the taws of the State of California.
This is the entire Agreement andmay not be assigned by the Second Party or the
Third Party without the consent in writing of the First Party.
The First Parry shall be exempt from paying the quarterly lot pad maintenance
fees during the term of this Agreement.
The First Party shall have no liability whatsoever to any other party to this
Agreement in relation to the use of the Property by the Second Party, and the
Second Party and the Third Party agree to release the First Party from any claims
or liability related to such use.
10. The First Party may at its sole discretion require the Second Patty to carry out a
phase 1 environmental survey at the end of its use of the Property and any
remediation necessary shall be diligently performed at the Second Parry's
expense.
11. This Agreement may be executed in any number of counterparts and by the
different parties on separate counterpart, each of which when executed shall
constitute an original, all the counterparts together constituting the same
agreement. This Agreement shall not be effective until each party has executed
and delivered at least one executed counterpart.
12. Transmission of a copy (including in a PDF, JPEG, TIF or GIF format) of an
executed signature page of a counterpart, by email or hand, shall take effect as
delivery of an original executed counterpart of this Agreement. Without
prejudice to the validity of the foregoing, each party shall provide the others with
the original of such page as soon as reasonably practicable after such delivery_
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
indicated in the first sentence of this Agreement.
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fitness Erst Party
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