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HomeMy WebLinkAboutA5917 - AGUA CALIENTE BAND OF CAHUILLA INDIANSAMENDMENT NO. 3 TO LEASE FOR VISITOR CENTER PREMISES This Amendment No. 3 ("Amendment") to Lease Agreement for Visitor Center Premises is hereby entered into this 1st day of October, 2018, by and between the City of Palm Springs, a California charter city and municipal corporation, ("City"), and the Agua Caliente Band of Cahuilla Indians ("Tenant"). Recitals 1. On September 29, 2010 the Community Redevelopment Agency of the City of Palm Springs ("Agency") and Tenant entered into a Lease ("Lease") by which the Tenant leased from the Agency certain spaces in and around the Agency's Visitor Center at 2901 North Palm Canyon Drive ("Visitor Center Premises"), for a term of 3 years, ending on September 30, 2013, on terms and conditions specified therein, including an option for the Tenant to renew the term for an additional 2 years. 2. On March 16, 2011, the Visitor Center Premises was transferred from the Agency to the City, subject to the terms of the Lease. 3. On April 9, 2014, the City and Tribe approved Amendment No. 1 extending the lease to September 30, 2015. 4. On October 7, 2015, the City and Tribe approved Amendment No. 2 extending the lease to September 30, 2018. 4. The City and Tenant desire to extend the term of the Lease for an additional two year period to expire September 30, 2020, with an option for two additional years, subject to rent adjustment. NOW, THEREFORE, the City and Tenant hereby agree as follows: Agreement 1. Section 2 of the Lease shall be revised to read as follows: "Term. This agreement shall continue in full force and effect for a period of two (2) years commencing on October 1, 2018, subject to a mutually agreeable rent payment." 2. Section 3(a) of the Lease shall be revised to read as follows: "Basic Rent Structure. Tenant shall pay Agency ONE THOUSAND ONE HUNDRED SIXTY ONE DOLLARS AND THIRTY-FIVE CENTS ($1,161.35) ("Rent") per month as monthly rental fee for its use of the Tenant Premises and the non-exclusive use of the Interior Private Common Areas and the Parking and Public Common Areas; the Rent represents fair rental value of these areas. The Rent shall be paid in advance on a prorated monthly basis from the Commencement Date and in full on the first day of each calendar month thereafter. The Parties agree that Rent shall be increased on every anniversary of the Commencement Date by an amount equal to the percentage increase change [should there be a percentage increase] in the Consumer Price Index for Los Angeles and Riverside County ("CPI") published for the month that is three (3) months preceding the adjustment date." ORIGINAL BID 960599.2 Section 29 of the Lease shall be revised to read as follows: AND/OR AGREEMENT 29. MISCELLANEOUS. 29.1 Conflict of Interest. Tenant acknowledges that no officer or employee of the Landlord has or shall have any direct or indirect financial interest in this Lease nor shall Tenant enter into any agreement of any kind with any such officer or employee during the term of this Lease and for one year thereafter. Tenant warrants that Tenant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Lease. 29.2 Non-Discrimination. A. Tenant herein covenants by and for itself, its heirs, executors, administrators and assigns and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of race, sex, marital status, color, creed, national origin, disability, medical condition, religion, sexual orientation, age or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Premises herein leased, nor shall the Tenant itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sub-lessees, subtenants or vendees in the Premises. B. Tenant certifies and represents that, during the term of the Lease, Tenant and any other parties with whom it may contract shall adhere to the City's non-discrimination and equal benefits as provided pursuant to Ordinance No. 1896 in the Palm Springs Municipal Code Section 7.09.040 to assure that applicants and employees are treated equally and are not discriminated against because of their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation. Tenant further certifies that it will not maintain any segregated facilities. C. Tenant shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Tenant in the use of the property covered by this Lease shall include a statement that it is an "equal opportunity employer" or that all qualified applicants will receive consideration for employment without regard to their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation. D. Tenant shall certify that it has not, in the performance of its obligations under this Lease, discriminated against applicants or employees because of their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation. E. If requested to do so by the Landlord, Tenant shall provide the City with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. 960599.2 F. Tenant agrees to recruit Coachella Valley residents initially and to give them preference, if all other factors are equal, for any new positions which result from the performance of this Lease and which are performed within the City. The Landlord may agree to modify requirement where it is in conflict with federal or state laws or regulations. G. Nothing contained in this Lease shall be construed in any manner so as to require or permit any act which is prohibited by law. 29.3 Notices. Wherever in this Lease it shall be required or permitted that notice and demand be given or served by either party to this Lease to or on the other, such notice or demand shall be given or served in writing and shall not be deemed to have been duly given or served unless in writing, and personally served or forwarded by certified mail, postage prepaid, addressed, if to Landlord, to the City of Palm Springs, P.O. Box 2743, Palm Springs, California, 92263, Attn: City Manager, and if to Tenant, as specified in Section 1.7. Either party may change the address set forth herein by written notice by certified mail to the other. Any notice or demand given by certified mail shall be effective one (1) day subsequent to mailing. 4. All other provisions of the Lease shall remain in full force and effect. 960599.2 IN WITNESS WHEREOF, the parties have duly executed this Amendment on the date first set forth above. AGUA CALIENTE BAND OF THE CITY OF PALM SPRINGS David Ready, Esq., Ph.D City Manager Max Ross Chief Executive Officer Approved as to Form: Peter Nelson King Assistant City Attorney Attest: Anthony Mejia City Clerk APPROVED BY CITY COUNCIL ip|tIi5 960599.2 jXCORty CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/25/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Venture Pacific Insurance Services. Inc. 111 Corporate Drive Suite 200 Ladera Ranch, OA 92694 www.venturepacificinsurance.ccm Lie# 0D10299 NAMEf^^ Venture Pacific Insurance Sen/ices, Inc. (a/c.'no. E«n: 949-297-4900 wc.Noi: 949-297^911 ADMEss: info@venturepacificinsurance.com INSURER(S) affording COVERAGE NAICtf INSURER A Hudson Insurance Company 25054 INSURED Agua Caliente Band of Cahuilla Indians P.O. Box 3275 Palm Springs OA 92263 INSURER B INSURER C INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 44433116 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL UiSQ. SUBR WVD POUCY NUMBER POLICY EFF (miwdd/yyyyi POUCY EXP (MIWDDflfYYY)UMITS COMMERCIAL GENERAL UABILITY CLAIMS-MADE 171 OCCUR NAA00013-18 10/1/2018 10/1/2019 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occtirTencel MED EXP (Any one person) PERSONAL & ADV INJURY GEN L AGGREGATE LIMIT APPLIES PER: POLICY Q JECT [/] LOC OTHER: GENERAL AGGREGATE PRODUCTS - COMP/OP AGG S 10.000,000 S 10.000.000 s 10.000.000 s 10.000.000 si 0.000.000 s 10,000.000 AUTOMOBILE UABIUTY ANY AUTO NAA00013-18 10/1/2018 10/1/2019 COMBINED SINGLE LIMIT (Ea accdentl Si 0.000.000 BODILY INJURY (Per person) OWNED AUTOS ONLY HIRED AUTOS ONLY Physical Damage / SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY (Per sccdent) PROPERTY DAMAGE (Per acddentl UMBRELLA UAB EXCESS UAB DEO OCCUR CLAIMS MADE EACH OCCURRENCE AGGREGATE RETENTION S WORKERS COMPENSATION AND EMPLOYERS' UABIUTY ANYPROPRIETOR/PARTNERrEXECUTIVE OFFICER/MEMBER EXCLUDED' (Mandatory in NH) If yes. descrloe under DESCRIPTION OF OPERATIONS below NAA00013-18 10/1/2018 10/1/2019 PER . OTH- STATUTE / ER 10.000.000 □E.L EACH ACCIDENT Si.000.000 E.L DISEASE • EA EMPLOYEE SI .000.000 E.u. CISEASE - POUCY LIMIT s 1.000.000 Errors & Omissions NAA00013-18 10/1/2018 10/1/2019 $10,000,000 Each Claim DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD101, Additional Remarks Schedule, may bo attached If more space is required) The City of Palm Springs is included as Additional Insured as respects General Liability; Coverage under this policy is primary andnon-contributory (per policy forms/endorsements) and a Workers' Compensation Waiver of Subrogation applies as required by written contract CERTIFICATE HOLDER CANCELLATION City of Palm SpringsAttn: City Clerk PC Box 2743 Palm Springs CA 92263-2743 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE - j —-- James Barton © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1 ACUACl I 19-T? AI. W*.' j i PM (pr/C; | PtVj*; I of 1