Loading...
HomeMy WebLinkAbout10/3/2001 - STAFF REPORTS (6) p DATE: October 3, 2001 TO: City Council FROM: Assistant Director of Aviation via Interim Director of Aviation AIRPORT TERMINAL COUNTER PROMOTIONAL SPACE RECOMMENDATION: It is recommended that the City Council approve lease agreements with the Marriott and Westin Mission Hills Resorts for terminal counter promotional space. SUMMARY: Through a competitive bid process,the Marriott and Westin Mission Hills resorts have been qualified to sign lease agreements for terminal counter promotional space at the Palm Springs International Airport. BACKGROUND: The City of Palm Springs currently has agreements with several occupants within the terminal facilities in the airport. Bids to IFB 01-18 for terminal counter promotional space were received on May 23, 2001. This procurement resulted in competitive awards of new operating agreements for terminal counter promotional space locations for the top two (2) bidders. Competition was open and advertised to qualified time share operators, resort hotels, gated communities, casinos, desert recreational and/or entertainment businesses, tourism promotional activities and other promotional activities. If approved, contracts will be awarded to the two (2) firms that offered the highest Minimum Annual Guarantees. Westin Mission Hills Resorts dba WVC Rancho Mirage, Inc. and Marriott Ownership Resorts, Inc. dba Marriott Vacation Club International were the only two (2) bidders who submitted a proposal. The monetary results of these agreements will provide additional revenue totaling$46,000 per year for three(3)years with two(2) one year renewal options. The Airport Commission was advised of this process and subsequent bidders, and with Airport staff recommends approval of these lease agreements. APPROVED: -&AR Y G IALEN F. SMOOT, A.A.E. Assista i ire'ct 6f Aviation Interim Director of Aviation APPROVED::- Dom% City Manager Attachments: 1. Minute Order REVIEWED BY DEPT.OF FINANCE 2. Agreements ��!/ NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT For Terminal Counter Promotional Space at Palm Springs International Airport General Provisions The City of Palm Springs, a municipal corporation ("City") hereby grants to the Operator hereinafter named, a license to operate a Cart (as hereinafter defined) at the location specified below at the Palm Springs International Airport ("Airport") upon all of the terms and conditions contained in this Agreement. This Agreement is subject to the following general provisions: Operator: MARRIOTT OWNERSHIP RESORTS, INC. d/b/a MARRIOTT VACATION CLUB INTERNATIONAL Phone: 760.674.2828 Fax: 760.674.2810 Operator's Address: 9000 SHADOW RIDGE RD PALM DESERT, CA 92211 Operator's Representative: BRUCE ROHMAN PROJECT DIRECTOR Operator Use: TERMINAL COUNTER PROMOTIONAL SPACE Security Deposit: $1,000.00 Lease Amount: $22,000.00 per year (payable per month) $1,833.33 per month due on the first of each month Commencement Date: SEPTEMBER 1, 2001 Term: Three (3) years with two (2) one (1) year renewal options. City Business License #: 3504-00000489 Hours of Operation: The Terminal Counter Promotional Space shall remain open a minimum of seven (7) hours per day, beginning at 10 a.m., seven (7) days a week, unless t�� alternate time periods are agreed upon by the parties. Terminal Counter Promotional Space Location: SPACE # I ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager APPROVED AS TO FORM: City Attorney STATE OF FLORIDA OPERATOR: COUNTY OF ORANGE The foregoing instrument was acknowledged MARRIOTT OWNERSHIP RESORTS, INC. before me ibs 1011 day of September 2001,by d/b/a MARRIOTT VACATION CLUB Joseph F. Scalo, Vice President of Marriott Ownership Resorts, Inc., who is personally INTERNATIONAL known to me. �Me/ BY: MY COMAMSSbN# CC981586 EXPIRES osep F. Scalo : 4 November 14 2004 PIN Vice President EONDED m SII RU TROY EAM M WC STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this 10"day of September 2001,by BY: Daniel B. Zanini, Assistant Treasurer of Dani B. Za m Marriott Ownership Resorts, Inc., who is personally own to me. Assistant Treasurer )uRetZuccheNi T MYCOMMISSIONA CC981596 EXPIRES November 14 2004 �Rf� e0N0EDvwulrorratt MUMKeuu (Corporations require two signatures: one from each of the following: A. Chairman of Board, President, any Vice President; AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.) -2- 40 TERMS & CONDITIONS 1. The initial list of services to be displayed on or from the Terminal Counter Promotional Space, and any subsequent changes to the list of services displayed must be approved by the Director of Aviation. 2. Services displayed on the Terminal Counter Promotional Space shall be limited to the Terminal Counter Promotional Space itself. Merchandise shall not be sold or displayed in any areas adjacent to or within the Terminal Counter Promotional Space, i.e. on the ground around the Terminal Counter Promotional Space. Additional Terminal Counter Promotional Space Display, except as approved, must be submitted for written approval by the Director of Aviation. 3. A display area layout must be provided to the Director of Aviation for all merchandise or services displayed on or sold from the Terminal Counter Promotional Space; and any proposed changes to prices must be first reviewed and approved in writing by the Director of Aviation. 4. The Operator shall be responsible for property securing the Terminal Counter Promotional Space and all items displayed in the Terminal Counter Promotional Space. 5. No changes or alterations shall be made to the Terminal Counter Promotional Space, including physical appearance or operational qualities of the Terminal Counter Promotional Space without 15 day written notice to Director of Aviation. 6. The Operator shall keep the Terminal Counter Promotional Space in excellent physical/operating condition during the Agreement term. 7. The Operator shall inspect, maintain and repair the Terminal Counter Promotional Space on a bi-weekly basis with respect to its cleanliness, operation, physical appearance, and function. 8. The operations of the Operator, its employees, invitees and those doing business with it shall be conducted in an orderly and proper manner and so as not to annoy, disturb or be offensive to others at the Airport. The Operator shall provide and its employees shall wear or carry badges or other suitable means of identification and the employees shall wear appropriate uniforms. The badges, means of identification and uniforms shall be subject to the written approval of the -3- 44Y Director of Aviation. The City shall have the right to object to the Operator regarding the demeanor, conduct and appearance of the Operator's employees, invitees and those doing business with it, whereupon the Operator will take steps necessary to remove the cause of the objection. 9. In the use of the parkways, roads, streets, corridors, hallways, stairs and other common areas of the Airport as a means of ingress and egress to, from and about the Airport, and also in the use of portions of the Airport to which the general public is admitted, the Operator shall conform (and shall require its employees, invitees and others doing business with it to conform) to the Rules and Regulations of the Airport which are now in effect or which may hereafter be adopted for the safe and efficient operation of the Airport. 10. The Operator, its employees, invitees and others doing business with it shall have no right hereunder to park vehicles at the Airport terminal. Parking is permitted only in the employee parking lot south of the Airport terminal. 11. The Operator agrees to operate its business as a commercial operator at the Airport for the use and benefit of the public; to make available all facilities and services to the public, without unjust discrimination; and to refrain from imposing or levying excessive, discriminatory, or otherwise unreasonable charges or fees. 12. Operator agrees to protect, defend, (with counsel satisfactory to City), indemnify and hold the City, its agents, employees and officers and each of them, free and harmless at all times from and against any and all claims, liabilities, expenses, (including attorney fees) losses, costs, fines and damages and causes of action of every kind arising out of or in connection with the use of the Terminal Counter Promotional Space by Operator, the operations of Operator and its agents and employees at the Airport, and the failure of Operator to observe provisions of this Agreement, unless such injury or damage related to the use of the Airport premises and the privileges granted pursuant to this Agreement. 13. The Operator for itself, its successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree: a. The Operator shall not discriminate on the basis of race,color,national origin,or sex in the performance of this contract. The Operator shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the Operator to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate. 14. Any notice given under the provisions of the Agreement shall be in writing and shall be delivered personally or sent by certified or registered mail, postage prepaid addressed to Operator at the address set forth on page 1 of this Agreement,and a copy to Marriott Ownership Resorts,Inc., -4- 64C Attn:Associate General Counsel,6649 Westwood Blvd., Suite 500, Orlando,Florida 32821,and the City as follows: Director of Aviation Palm Springs International Airport 3400 E Tahquitz Canyon Way, Suite OFC Palm Springs, CA 92262 15. The Operator shall promptly repair or replace any property of the Airport damaged by the Operator's operations hereunder. The Operator shall not install any fixtures or make any alterations or improvements in or additions or repairs to any property of the Airport except with prior written approval of the Director of Aviation. 16. The City shall have the right at any time and as often as it may consider it necessary to inspect the Operator's operations and/or services being rendered,any activities or operations of the Operator hereunder. Upon request of the City, the Operator shall operate or demonstrate any displays owned by or in the possession of the Operator at the Airport or to be placed or brought on the Airport premises, and shall demonstrate any process or other activity being carried on by the Operator hereunder at the Airport. Upon notification of the City of any deficiency in any operation, the Operator shall immediately make good the deficiency or withdraw the machine or piece of equipment from service, and provide a satisfactory substitute. 17. No signs, posters or similar devices shall be erected, displayed or maintained by the Operator in view of the general public without the written approval of the Director of Aviation,and any of such not approved by the Director of Aviation may be removed by the Airport at the expense of the Operator. 18. The Operator's representative herein before specified or such substitute as the Operator may hereafter designate in writing shall have full authority to act for the Operator in connection with this Agreement, and to do any act or thing to be done hereunder, and to execute on behalf of the Operator any amendments or supplements to this Agreement or any extension thereof, and to give and receive notices hereunder. 19. For the rights and privileges set forth herein, the Operator shall pay in advance, without deduction or offset, the City the monthly amount shown on page 1 of this Agreement. Said amount shall be remitted to the City on the first day of each month for each month the Operator shall be operating the Terminal Counter Promotional Space at the Airport. For any period less than a full month, the operator's fee shall be prorated. 20. The Operator acknowledges that any payment of any sums to paid by Operator not paid within five (5) days of its due date shall be subject to a five percent (5%) late charge. -5- `,4` 21. The Operator shall provide a security deposit. Said deposit shall be paid at the time of the Agreement issuance. Upon termination of the Agreement and provided that all amounts due the Airport are paid, and the Terminal Counter Promotional Space has been returned to the Airport in the same condition as received by the Operator, ordinary wear and tear excepted, the deposit shall be returned to Operator. In the event fees are not paid if the Terminal Counter Promotional Space is damaged, City shall have the right, but not the obligation to draw upon the deposit to cover said costs. Upon the termination of the Agreement any balance of the deposit not drawn against shall be paid to the Operator. 22. Operator shall not sell or Agreement to be kept, used, displayed or sold in or about the Demised Premises (a) pornographic or sexually explicit books, magazines, literature, films or other printed material, sexual paraphernalia, or other material which would be considered lewd, obscene or licentious, (b) any article which may be prohibited by standard forms of fire insurance policies, or (c) any alcoholic beverages unless expressly permitted on page 1 of the Agreement. 23. Operator shall comply with all of the requirements of all municipal, state and federal authorities now in force or which may hereafter be in force pertaining to the use of the Terminal Counter Promotional Space and the operations of Operator at the Airport. 24. Operator shall not assign this Agreement or sublet the Terminal Counter Promotional Space or any interest therein, without the prior written consent of the City. Any assignment or subletting without the consent of the City shall be void and constitute an incurable default hereunder. 25. The occurrence of any one or more of the following events shall constitute a default and breach of the Agreement by Operator: (a) the failure to pay any rental or other payment required hereunder to or on behalf of the City more than three (3) days after written notice from City to Operator that Operator has failed to pay rent when due; (b) the failure to perform any of Operator's agreement or obligations hereunder (exclusive of a default in the payment of money (where such default shall continue for a period of thirty (30) days after written notice thereof from City to Operator which notice shall be deemed to be the statutory notice so long as such notice complies with statutory requirements; (c) failure of Operator to operate the Terminal Counter Promotional Space for three or more consecutive days or for a total of five (5) days during any thirty (30) day period; (d) the making by Operator of a general assignment for the benefit of creditors; (e) filing by Operator of a voluntary petition in bankruptcy or the adjudication of Operator as a bankrupt; (f) the appointment of a receiver to take possession of all or substantially all the assets of Operator located at the Airport or of Operator's interest in the Terminal Counter Promotional Space; (g) the filing by any creditor of Operator of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days. In the event of any such default or breach by Operator, City shall have the right at any time thereafter to elect to terminate the Agreement and Operator's right to possession thereunder. -6- �47 26. This Agreement may be terminated by either party, with or without cause, upon providing the other party with thirty (30) days advanced written notice. 27. The parties hereto agree that the State of California is the proper jurisdiction for litigation of any matters relating to this Agreement, and service mailed to the address of Operator set forth herein shall be adequate service for such litigation. The parties further agree that Riverside County, California is the proper place for venue as to any such litigation and Operator agrees to submit to the personal jurisdiction of such court in the event of such litigation. 28. This Agreement covers in full each and every agreement of every kind or nature whatsoever between the parties hereto concerning this Agreement, supersedes any and all previous negotiations, agreements and understandings, if any, between the parties, oral or written, and merges all preliminary negotiations and agreements of whatsoever kind or nature herein. Operator acknowledges that no representations or warranties of any kind or nature not specifically set forth herein have been made by City or its agents or representatives. 29. All deliveries to Operator will be in a manner and location established by the City. 30. Operator hereby acknowledges and agrees that the Lease herein granted is not an exclusive lease on and the City shall have the right to deal with and perfect arrangements with any other individual or individuals,company or corporation to engage in a like Operator activity at the Airport. In the event that any contract granted by the City to any other like Operator shall contain any provisions more favorable to such Operator than the terms herein granted, then, at the option of Operator which option shall be exercised by providing written notice to City within thirty(30)days of the date Operator receives notice of such more favorable provision, this Agreement shall be amended to include such more favorable terms and any off-setting burdens that may be imposed on any such other like Operator.The intent of this provision is to ensure that Operator is competing on as equal of terms as possible with any additional Operator and, as a result, no other-Operator shall enjoy any rights, profits or conditions more favorable to such Operator than those enjoyed by Operator. 31. The Operator shall select and appoint a manager for its operation. Said person must be a qualified and experienced manager,vested with full power and authority,in respect to the method, manner and conduct of the operation at the Airport. The manager shall be available during regular business hours and, at all times during his absence, a subordinate shall be in charge and available at such duty station. 32. The Operator shall be responsible for the conduct,demeanor and appearance of its officers, agents,employees and representatives. Customer service personnel and attendants shall be trained by Operator to render a high degree of courteous and efficient service, and it shall be the responsibility of the Operator to maintain close supervision over said personnel to assure the rendering of a high standard of service to the public and the patrons of the Tenninal Counter -7- G� � Promotional Space concession. Upon objection from the Director of Aviation concerning the conduct,demeanor or appearance of such persons,Operator shall take all steps necessary to remove the cause of the objection. 33. The Operator,its agents and employees shall conduct and maintain a friendly,cooperative, though competitive relationship with its competitors operating on the Airport. Operator shall not engage in open, notorious and public disputes, disagreement or conflicts tending to deteriorate the quality of service of its competitors or be incompatible to the best interest of the public at the Airport. The City shall have the right to resolve all such disputes, disagreements, or conflicts and its determination shall be final. 34. The Operator, as a material part of the consideration to be rendered to City under this Agreement, hereby waives all claims against City for damage to equipment or other personal property,trade fixtures,or improvements in,upon or about the Designated Premises and for injuries to persons in or about the Designated Premises from any cause arising at any time. The Operator agrees to indemnify the City,its officers,agents and employees against,and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses,costs,penalties,obligations,errors,omissions or liabilities,(herein"claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Operator, its agents, employees, subcontractors,or invitees,provided for herein, or arising from the use of the Designated Premises by Operator or its employees and customers, or arising from the failure of Operator to keep the Designated Premises in good condition and repair,as herein provided,or arising from the negligent acts or omissions of Operator hereunder, or arising from Operator's negligent performance of or failure to perform any term,provision,covenant or condition of this Agreement(including,but not limited to, the failure to perform the remediation obligations specified in this agreement,or arising from the presence or threatened presence of any Covered Hazardous Material on or about the Designated Premises,whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City,its officers,agents or employees,who are directly responsible to the City, and in connection therewith: (a) Operator will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Operator will promptly pay any judgment rendered against the City, its officers,agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Operator hereunder;and Operator agrees to save and hold the City,its officers,agents,and employees harmless therefrom; G�14 (c) In the event the City, its officers,agents or employees are made a party to any action or proceeding filed or prosecuted against Operator for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Operator hereunder,Operator agrees to pay to the City,its officers, agents or employees,any and all costs and expenses incurred by the City,its officers,agents or employees in such action or proceeding, including, but not limited to, legal costs and attorneys' fees. 35. Operator,at its expense, shall maintain fire and extended coverage insurance written on a per occurrence basis on its improvements, appurtenances, alterations, trade fixtures, equipment, personal property and inventory within the Designated Premises from loss or damage to the extent of their full replacement value. Operator shall have the right to self-insure the items, so long as Operator maintains a net worth satisfactory to the City's Risk manager. The City's Risk Manager may require net worth documentation up to and including an audited financial statement. 36. Operator shall maintain during the term of this Agreement comprehensive general liability insurance in a form and content satisfactory to the City written on a per occurrence basis in an amount not less than $100,000 per person, $300,000 per occurrence, $50,000 property damage or a combined single limit of$300,000. Said policy shall name the City and its officers, agents and erployees as additional insureds. Operator shall deliver certificates of insurance evidencing the coverage required herein. 37. Operator shall, at the Operator's sole cost and expense, maintain a policy of worker's compensation insurance in an amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Operator and the City against any loss,claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Operator in the course of conducting Operator's business in the Designated Premises. 38. All of the policies of insurance required to be procured by Operator pursuant to this section shall be primary insurance and shall name the City,its officers,employees and agents as additional insureds. The insurers shall waive all rights of contribution they may have against the City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing 30 days prior written notice by registered mail to the City. Prior to the effective date of this Agreement and at least 30 days prior to the expiration of any insurance policy, Operator shall provide City with certificates of insurance or appropriate insurance binders evidencing the above insurance coverages written by insurance companies acceptable to City, licensed to do business in the state where the Designated Premises are located and rated A:VII or better by Best's Insurance Guide. hi the event the Risk Manager of City ("Risk Manager") determines that (i) the Operator's activities in the Designated Premises create an increased or decreased risk of loss to the City, (ii) greater insurance coverage is required due to the passage of time, or (iii) changes in the industry require different coverages be -9- 6h ►o obtained, Operator agrees that the minimum limits of any insurance policy required to be obtained by Operator may be changed accordingly upon receipt of written notice from the Risk Manager; provided that Operator shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager. City and Operator hereby waive any rights each may have against the other on account of any loss or damage occasioned by property damage to the Designated Premises, its contents, or Operator's trade fixtures,equipment,personal property or inventory arising from any risk generally covered by insurance against the perils of fire, extended coverage, vandalism, malicious mischief, theft, sprinkler damage, and earthquake sprinkler leakage. Each of the parties, on behalf of their respective insurance companies insuring such property of either City or Operator against such loss, waives any right of subornation that it may have against the other. The foregoing waivers of subornation shall be operative only so long as available in California and provided further that no policy is invalidated thereby. -10- NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT For Terminal Counter Promotional Space at Palm Springs International Airport General Provisions The City of Palm Springs, a municipal corporation ("City") hereby grants.to the Operator hereinafter names, a license to operate a Cart (as hereinafter defined) at the location specified below at the Palm Springs International Airport("Airport")upon all of the terms and conditions contained in this Agreement. This Agreement is subject to the following general provisions: Operator: WVC RANCHO MIRAGE, INC Phone: 760.202.6278 Fax: 32$— 7355 Operator's Address: 71 333 DINAH SHORE DR., BLDG. 5 RANCHO MIRAGE, CA 92270 Operator's Representative: DAVID BRODERICK SR. VICE PRESIDENT, SALES & MARKETING Operator Use: TERMINAL COUNTER PROMOTIONAL SPACE Security Deposit: $1,000.00 Lease Amount: $24,000 per year(payable per month) $2,000.00 per month due on the first of each month Commencement Date: DULY 1, 2001 Term: Three (3) years with two (2) one year renewal options.f City Business License #: E)k4VrN(_T Hours of Operation: The Terminal Counter Promotional Space shall remain open a minimum of hours per day, beginning at days a week. T�!W Tel j1U6 /04 - yP 4P,S4,5u, Al /oq -zp Terminal Counter Promotional Space Location: SPACE # 3 HADataMp_airportMestm Agree.wpd June 21,2001 (139pm) -1- G�4iz CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r State of California �.sr�:�•crencncr_c�..�'•�r.�rcrcry'•�..�•�•�'��•�.'�'�.�>�'•�'•�•crcr.�rcrcrcrm.�r.�r.�_'.c�`:�' ti ss. County of } On 4019 , before me, ` Hato Name and Tdl�OfFlcer e. �LI //I� g "Jane Hoe;Notary Public") personally appeared Dauld E• drO(✓EI`! ' Name(s)of Signer(s) impersonally known to me ❑ 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 0 KAREN J.OLSON acknowledged to me that he/she.Lt#ey executed I Commission R 1308382 the same in his/ber-/thePr authorized Notary Public-Califomia capacity(ies), and that by his/her/their Riverside county signature(s) on the instrument the person(s), or My Comm.Expires Jun s,2005 the entity upon behalf of which the person(s) 'I acted, executed the instrument. WITNESS my hand and official seal. I Plaoo Notary Seal Above Signal re f Nalary ubllo �I I' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document I; and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: I I I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: i ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Ih ❑ Guardian or Conservator ❑ Other. IlSigner Is Representing: 01999 National Notary AssoclaLon•9350 Da Solo Ave,P0 Box 2402•CM1alswonb,CA 91313-2402•www na0onalnolaryorg Prod No 5907 Reorder Call Toll Free 1.800-876-6027 4A13 ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager APPROVED AS TO FORM: City Attorney OPERATOR: WVC4�6 Rancho Mirage, Incorporated BY: Signature (notarized) David E. Broderick Senior Vice President Print Name and Title BY: Signature ( arized) Victoria H. Carter Assistant Secretary Print Name and Title STATE OF FLORIDA ) as.: COUNTY OF ORANGE ) On this 2nd day of August, 2001, before me, the undersigned officer, personally appeared Victoria H. Carter, personally known to me to the Assistant Secretary of WVC Rancho Mirage, Inc., and personally known to be me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. r IN WITNESS WHEREOF, I hereunt set Imand offici u Notary Public My Commission expires: 1AIV TERMS & CONDITIONS 1. The initial list of services to be displayed on or from the Terminal Counter Promotional Space, and any subsequent changes to the list of services displayed must be approved by the Director of Aviation. 2. Services displayed on the Terminal Counter Promotional Space shall be limited to the Terminal Counter Promotional Space itself. Merchandise shall not be sold or displayed in any areas adjacent to or within the Terminal Counter Promotional Space, i.e. on the ground around the Terminal Counter Promotional Space. Additional Terminal Counter Promotional Space Display, except as approved, must be submitted for written approval by the Director of Aviation. 3. A display area layout must be provided to the Director of Aviation for all merchandise or services displayed on or sold from the Terminal Counter Promotional Space; and any proposed changes to prices must be first reviewed and approved in writing by the Director of Aviation. 4. The Operator shall be responsible for property securing the Terminal Counter Promotional Space and all items displayed in the Terminal Counter Promotional Space. 5. No changes or alterations shall be made to the Terminal Counter Promotional Space, including physical appearance or operational qualities of the Terminal Counter Promotional Space without 15 day written notice to Director of Aviation. 6. The Operator shall keep the Terminal Counter Promotional Space in excellent physical/operating condition during the Agreement term. 7. The Operator shall inspect,maintain and repair the Terminal Counter Promotional Space on a bi-weekly basis with respect to its cleanliness, operation,physical appearance, and function. 8. The operations of the Operator,its employees,invitees and those doing business with it shall be conducted in an orderly and proper manner and so as not to annoy, disturb or be offensive to others at the Airport. The Operator shall provide and its employees shall wear or carry badges or other suitable means of identification and the employees shall wear appropriate uniforms. The badges,means of identification and uniforms shall be subject to the written approval of the Director of Aviation. The City shall have the right to object to the Operator regarding the demeanor,conduct and appearance of the Operator's employees, invitees and those doing business with it, whereupon the Operator will take steps necessary to remove the cause of the objection. 9. In the use of the parkways,roads,streets,corridors,hallways, stairs and other common areas of the Airport as a means of ingress and egress to, from and about the Airport, and also in the use H:\Data\Wp_airpor Westin Agreempd June 21,2001 (1:06pm) -3- 64 /s' of portions of the Airport to which the general public is admitted, the Operator shall conform (and shall require its employees, invitees and others doing business with it to conform to the Rules and Regulations of the Airport which are now in effect or which may hereafter be adopted for the safe and efficient operation of the Airport. 10.. The Operator, its employees, invitees and others doing business with it shall have no right hereunder to park vehicles at the Airport terminal. Parking is permitted only in the employee parking lot south of the Airport terminal. 11. The Operator shall maintain during the term of this Agreement comprehensive general liability insurance in a form and content satisfactory to the City written on a per occurrence basis in an amount not less than $100,000 per person, $300,000 per occurrence, $50,000 property damage or a combined single limit of$300,000. Said policy shall name the City and its officers, agents and employees as additional insureds. The Operator shall deliver certificates of insurance evidencing the coverage required herein. 12. The Operator agrees to operate its business as a commercial operator at the Airport for the use and benefit of the public;to make available all facilities and services to the public,without unjust discrimination; and to refrain from imposing or levying excessive, discriminatory, or otherwise unreasonable charges or fees. 13. Operator agrees to protect, defend, (with counsel satisfactory to City), indemnify and hold the City,its agents,employees and officers and each of them,free and harmless at all times from and against any and all claims, liabilities, expenses, (including attorney fees) losses, costs, fines and damages and causes of action of every kind arising out of or in connection with the use of the Terminal Counter Promotional Space by Operator, the operations of Operator and its agents and employees at the Airport,and the failure of Operator to observe provisions of this Agreement,unless such injury or damage related to the use of the Airport premises and the privileges granted pursuant to this Agreement. 14. The Operator for itself, its successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree: a. The Operator shall not discriminate on the basis of race,color,national origin,or sex in the performance of this contract. The Operator shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the Operator to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate. H:\Data\Wp_airport\Westin Agree.wpd June 21,2001 (1:061m) -4- (04& 15. Any notice given under the provisions of the Agreement shall be in writing and shall be delivered personally or sent by certified or registered mail, postage prepaid addressed to Operator at the address set forth on page 1 of this Agreement and the City as follows: Director of Aviation Palm Springs International Airport 3400 E Tahquitz Canyon Way, Suite OFC Palm Springs, CA 92262 16. The Operator shall promptly repair or replace any property of the Airport damaged by the Operator's operations hereunder. The Operator shall not install any fixtures or make any alterations or improvements in or additions or repairs to any property of the Airport except with prior written approval of the Director of Aviation. 17. The City shall have the right at any time and as often as it may consider it necessary to inspect the Operator's operations and/or services being rendered, any activities or operations of the Operator hereunder. Upon request of the City, the Operator shall operate or demonstrate any displays owned by or in the possession of the Operator at the Airport or to be placed or brought on the Airport premises, and shall demonstrate any process or other activity being carried on by the Operator hereunder at the Airport. Upon notification of the City of any deficiency in any operation, the Operator shall immediately make good the deficiency or withdraw the machine or piece of equipment from service, and provide a satisfactory substitute. 18. No signs, posters or similar devices shall be erected, displayed or maintained by the Operator in view of the general public without the written approval of the Director of Aviation,and any of such not approved by the Director of Aviation may be removed by the Airport at the expense of the Operator. 19. The Operator's representative herein before specified for such substitute as the Operator may hereafter designate in writing shall have full authority to act for the Operator in connection with this Agreement, and to do any act or thing to be done hereunder, and to execute on behalf of the Operator any amendments or supplements to this Agreement or any extension thereof, and to give and receive notices hereunder. 20. For the rights and privileges set forth herein, the Operator shall pay in advance, without deduction or offset,the City the monthly amount shown on page I of this Agreement. Said amount shall be remitted to the City on the first day of each month for each month the Operator shall be operating the Terminal Counter Promotional Space at the Airport. For any period less than a full month, the operator's fee shall be prorated. 21. The Operator acknowledges that any payment of any sums to paid by Operator not paid within five (5) days of its due date shall be subject to a five percent(5%) late charge. H:\Data\Wp_airport\Westin Agree.wpd June 21,2001 (1:06pm) -5- 6 /7 22. The Operator shall provide a security deposit. Said deposit shall be paid at the time of the Agreement issuance. Upon termination of the Agreement and provided that all amounts due the Airport are paid, and the Terminal Counter Promotional Space has been returned to the Airport in the same condition as received by the Operator, the deposit shall be returned to Operator. In the event fees are not paid if the Terminal Counter Promotional Space is damaged, City shall have the right, but not the obligation to draw upon the deposit to cover said costs. Upon the termination of the Agreement any balance of the deposit not drawn against shall be paid to the Operator. 23. Operator shall not sell or Agreement to be kept, used, displayed or sold in or about the Demised Premises(a)pornographic or sexually explicit books,magazines, literature,films or other printed material, sexual paraphernalia, or other material which would be considered lewd, obscene or licentious, (b) any article which may be prohibited by standard forms of fire insurance policies, or(c) any alcoholic beverages unless expressly permitted on page 1 of the Agreement. 24. Operator shall comply with all of the requirements of all municipal, state and federal authorities now in force or which may hereafter be in force pertaining to the use of the Terminal Counter Promotional Space and the operations of Operator at the Airport. 25. Operator shall not assign this Agreement or sublet the Terminal Counter Promotional Space or any interest therein, without the prior written consent of the City. Any assignment or subletting without the consent of the City shall be void and constitute an incurable default hereunder. 26. The occurrence of any one or more of the following events shall constitute a default and breach of the Agreement by Operator: (a) the failure to pay any rental or other payment required hereunder to or on behalf of the City more than three (3) days after written notice from City to Operator that Operator has failed to pay rent when due; (b)the failure to perform any of Operator's agreement or obligations hereunder(exclusive of a default in the payment of money (where such default shall continue for a period of thirty (30) days after written notice thereof from City to Operator which notice shall be deemed to be the statutory notice so long as such notice complies with statutory requirements; (c) failure of Operator to operate the Terminal Counter Promotional Space for three or more consecutive days or for a total of five (5) days during any thirty (30) day period; (d)the making by Operator of a general assignment for the benefit of creditors; (e)filing by Operator of a voluntary petition in bankruptcy or the adjudication of Operator as a bankrupt;(f)the appointment of a receiver to take possession of all or substantially all the assets of Operator located at the Airport or of Operator's interest in the Terminal Counter Promotional Space; (g)the filing by any creditor of Operator of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days. In the event of any such default or breach by Operator, City shall have the right at any time thereafter to elect to terminate the Agreement and Operator's right to possession thereunder. 27. This Agreement maybe terminated by either party, with or without cause, upon providing the other party with thirty (30) days advanced written notice. H:\Data\Wp_airport\Westin Agree.wpd June 21,2001 (1 i06pm) -6- 6 6 � r8 28. The parties hereto agree that the State of California is the proper jurisdiction for litigation of any matters relating to this Agreement, and service mailed to the address of Operator set forth herein shall be adequate service for such litigation. The parties further agree that Riverside County, California is the proper place for venue as to any such litigation and Operator agrees to submit to the personal jurisdiction of such court in the event of such litigation. 29. This Agreement covers in full each and every agreement of every kind or nature whatsoever between the parties hereto concerning this Agreement,supersedes any and all previous negotiations, agreements and understandings, if any, between the parties, oral or written, and merges all preliminary negotiations and agreements of whatsoever kind or nature herein. Operator acknowledges that no representations or warranties of any kind or nature not specifically set forth herein have been made by City or its agents or representatives. 30. All deliveries to Operator will be in a manner and location established by the City. 31. Operator hereby acknowledges and agrees that the Lease herein granted is not an exclusive lease on and the City shall have the right to deal with and perfect arrangements with any other individual or individuals,company or corporation to engage in a like Operator activity at the Airport. In the event that any contract granted by the City to any other like Operator shall contain any provisions more favorable to such Operator than the terms herein granted, then, at the option of Operator which option shall be exercised by providing written notice to City within thirty(30)days of the date Operator receives notice of such more favorable provision, this Agreement shall be amended to include such more favorable terms and any off-setting burdens that may be imposed on any such other like Operator. The intent of this provision is to ensure that Operator is competing on as equal of terms as possible with any additional Operator and, as a result, no other Operator shall enjoy any rights, profits or conditions more favorable to such Operator than those enjoyed by Operator. 32. The Operator shall select and appoint a manager for its operation. Said person must be a qualified and experienced manager, vested with full power and authority, in respect to the method, manner and conduct of the operation at the Airport. The manager shall be available during regular business hours and,at all times during his absence,a subordinate shall be in charge and available at such duty station. 33. The Operator shall be responsible for the conduct,demeanor and appearance of its officers, agents,employees and representatives. Customer service personnel and attendants shall be trained by Operator to render a high degree of courteous and efficient service, and it shall be the responsibility of the Operator to maintain close supervision over said personnel to assure the rendering of a high standard of service to the public and the patrons of the Terminal Counter Promotional Space concession. Upon objection from the Director of Aviation concerning the conduct,demeanor or appearance of such persons,Operator shall take all steps necessary to remove the cause of the objection. HADataMp_aicport\Westin Agreempd June 21,2001 (1:06pm) _7_ (Mrf 34. The Operator,its agents and employees shall conduct and maintain a friendly,cooperative, though competitive relationship with its competitors operating on the Airport. Operator shall not engage in open, notorious and public disputes, disagreement or conflicts tending to deteriorate the quality of service of its competitors or be incompatible to the best interest of the public at the Airport. The City shall have the right to resolve all such disputes, disagreements, or conflicts and its determination shall be final. 35. The Operator, as a material part of the consideration to be rendered to City under this Agreement, hereby waives all claims against City for damage to equipment or other personal property,trade fixtures,or improvements in,upon or about the Designated Premises and for injuries to persons in or about the Designated Premises from any cause arising at any time. The Operator agrees to indemnify the City,its officers,agents and employees against,and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses,costs,penalties,obligations,errors,omissions or liabilities,(herein"claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Operator, its agents, employees, subcontractors, or invitees,provided for herein, or arising from the use of the Designated Premises by Operator or its employees and customers, or arising from the failure of Operator to keep the Designated Premises in good condition and repair,as herein provided, or arising from the negligent acts or omissions of Operator hereunder, or arising from Operator's negligent performance of or failure to perform any term,provision, covenant or condition of this Agreement(including,but not limited to,the failure to perform the remediation obligations specified in this agreement, or arising from the presence or threatened presence of any Covered Hazardous Material on or about the Designated Premises,whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City,its officers,agents or employees,who are directly responsible to the City, and in connection therewith: (a) Operator will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b)Operator will promptly pay any judgment rendered against the City,its officers,agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work,operations or activities of Operator hereunder;and Operator agrees to save and hold the City,its officers,agents,and employees harmless therefrom; (c) In the event the City,its officers,agents or employees are made a party to any action or proceeding filed or prosecuted against Operator for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Operator hereunder,Operator agrees to pay to the City, its officers, agents or employees,any and all costs and expenses incurred by the City,its officers,agents H:\Data\Wp_airport\Westin Agree.wpd June 21,2001 (1:061m) 8 6A 20 or employees in such action or proceeding, including, but not limited to, legal costs and attorneys' fees. 36. Operator, at its expense, shall maintain fire and extended coverage insurance written on a per occurrence basis on its improvements, appurtenances, alterations, trade fixtures, equipment, personal property and inventory within the Designated Premises from loss or damage to the extent of their full replacement value. Operator shall have the right to self-insure the items, so long as Operator maintains a net worth satisfactory to the City's Risk manager. The City's Risk Manager may require net worth documentation up to and including an audited financial statement. 37. Operator shall maintain during the term of this Agreement comprehensive general liability insurance in a form and content satisfactory to the City written on a per occurrence basis in an amount not less than $100,000 per person, $300,000 per occurrence, $50,000 property damage or a combined single limit of$300,000. Said policy shall name the City and its officers, agents and employees as additional insureds. Operator shall deliver certificates of insurance evidencing the coverage required herein. 38, Operator shall, at the Operator's sole cost and expense, maintain a policy of worker's compensation insurance in an amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Operator and the City against any loss,claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Operator in the course of conducting Operator's business in the Designated Premises. 39. All of the policies of insurance required to be procured by Operator pursuant to this SECTION shall be primary insurance and shall name the City,its officers,employees and agents as additional insureds. The insurers shall waive all rights of contribution they may have against the City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing 30 days prior written notice by registered mail to the City. Prior to the effective date of this Agreement and at least 30 days prior to the expiration of any insurance policy,Operator shall provide City with certificates of insurance or appropriate insurance binders evidencing the above insurance coverages written by insurance companies acceptable to City, licensed to do business in the state where the Designated Premises are located and rated A:VII or better by Best's Insurance Guide. In the event the Risk Manager of City ("Risk Manager") determines that (i) the Operator's activities in the Designated Premises create an increased or decreased risk of loss to the City, (ii) greater insurance coverage is required due to the passage of time, or (iii) changes in the industry require different coverages be obtained,Operator agrees that the minimum limits of any insurance policy required to be obtained by Operator may be changed accordingly upon receipt of written notice from the Risk Manager;provided that Operator shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager. City and Operator hereby waive any rights each may have against the other on account of any loss or damage occasioned by property damage to the Designated Premises, its H:\Data\Wp_airport\Westin Agreempd June 21,2001 (1:06pm) 9 4*4 ;y contents,or Operator's trade fixtures,equipment,personal property or inventory arising from any risk generally covered by insurance against the perils of fire, extended coverage, vandalism, malicious mischief, theft, sprinkler damage, and earthquake sprinkler leakage. Each of the parties, on behalf of their respective insurance companies insuring such property of either City or Operator against such loss,waives any right of subornation that it may have against the other. The foregoing waivers of subornation shall be operative only so long as available in California and provided further that no policy is invalidated thereby. H:\Data\Wp_airport\Westin Agree.wpd June 21,2001 (1:06pm) _1a_ 10 `� 2 X PALM SPRINGS INTERNATIONAL AIRPORT TERMINAL COUNTER SPACE GATE 11 D GATE 10 GATE 8 (D Terminal Counter Space - 68 ft2 J-I �12 fZ1 C T T GATE 9 o e , .D �2 Terminal Counter Space - 68 ftz GATE ? GATE ® Terminal Counter Space - 68 ft2 1,� �Il�' Qo oQ ' -mOG � GO Qo oC GATE i — GATE ALL counters shall match existing Rental Car counters is appearance & finishE Counters #1 &#2 are to be constructed by the successful proposer All plans subja to review & approval of the City of Palm Springs T h e o f f i c e s p a c e d i r e c t l y b e h 1 n d c o u n t e r #3 is NOT available for lease. The existing doorway can be removed & the backwall modified, subject to review & approval of the City of Palm Springs. GATE 3 I 1 GATE 2 GATES 18A& 18B GATE 16A GATE 16 GATE 14 GATES 19A& 19B GATE 12 GATE 1 GATES 17A& VB GATE 15B GATE 15A SECURITY CHECKPOINT l O�� O � I OO 7 G�c nckO . O O 00 o Palm Springs W International Airport AMERICA'S RESORTPORT D L� CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS (IFB) 01-18 FOR �..J •/'' TERMINAL COUNTER PROMOTIONAL SPACE AT PALM SPRINGS INTERNATIONAL AIRPORT NOTICE IS HEREBY GIVEN that sealed Bids will be received at the Office of the Procurement Manager, 3200 East Tahquitz Canyon Way, Palm Springs, CA, until 2:00 P.M. Local Time, May 23, 2001, at which date and time they will be publicly opened and read in the Procurement Manager's Office for leasing of terminal counter promotional space at the Palm Springs International Airport. The receiving time in the Procurement Office will be the governing time for acceptability of bids. Telegraphic and telephone bids will not be accepted. Specifications and bid documents may be obtained from the Procurement Office or by calling (760) 323-8239. Specifications will be mailed at no charge. No bid will be considered unless it is made on the mandatory submittal forms supplied by the City. BID SECURITY: The City's bid bond (Bid Form 3.2) a cashier's check or a certified check for not less than $1,000, made payable to the City of Palm Springs, California, must be submitted with the bid. The City reserves the right to accept or reject any or all bids and to accept that one which is in the best interest of the City. Late bids will not be accepted. All questions regarding this Invitation for Bid document should be directed to the Procurement Manager, Harold Good, (760) 323-8239. Inquiries of a technical nature should be directed to Allen F. Smoot, A.A.E., Director of Aviation at (760) 318-3800. The City will hold a pre-bid conference on May 1;6, 2001. Each interested bidder is invited to attend the pre-bid conference to be held in the conference room, second level of the Palm Springs International Airport, 3400 East Tahquitz Canyon Way, Palm Springs, California. The conference will commence promptly at 2:30 P.M., local time, at which time interested parties may discuss the particulars and requirements of the bid documents. It is the responsibility of the bidder to see that any bid sent through the mail shall have sufficient time to be received by the Procurement Office prior to date and time specified for bid opening. Late bids will be returned to the bidder unopened. Mailing address: City of Palm Springs, Office of Procurement Manager, P.O. Box 2743, Palm Springs, CA 92263-2743. HAROLD E. GOOD, CPPO Procurement Manager - - Date: May 1, 2001 Publish Date: May 5, 2001 DATE: October 3, 2001 TO: City Council FROM: Assistant City Manager- Special Projects SUPPLEMENTAL INFORMATION - ITEM 6 A question has been asked as to how the contractors were selected. The bottom of this page has a copy of the newspaper ad that was run to solicit proposals and the attached pages list the firms that solicitations were sent to. After a less than positive showing at the pre-bid meeting, staff called all the firms solicited to encourage their participation. Proof of Publication of No.8049 CITY OF PALM SPRINGS, CALIFORNIA INVITATION F FORDS(IFB) 01-18 TERMINAL COUNTER PROMOTIONAL SPACE AT PALM SPRINGS INTERNATIONAL AIRPORT. NOTICE IS HEREBY GIVEN that sealed Bids will be received at the Offiast ce of the Procurement yrrement Manager, Ppa n9s,CA 0u0ntil 200 P.M.L calYon Time aM%23, 2001,at which date and time they will be publicly opened and read in the Procurement Manager's Office for leasing of terminal counter promotional space at the Palm Springs International Airport. fhe receiving time in the Procurement Office will be the governing time for acceptability of bids. Telegraphic and telephone bids will not be ac- cepted. tapes bid documents may be ob- tained from the Procurement Office or by calling (760)323-8239.Specifications will be mailed at no :harge. No bid will be considered unless It is nods on the mandatory,submittal forms supplied by the Cib BID SECURITY: The City's bid bond (Bid Form 3.2)a cashier's check or a certified check for not less than $1,000 made payable to the City of Palm Springs, California, must be submitted with the bid. The City reserves the right to accept or re'ect any or all bids and to accept that one which�a in the best interest of the City. Late bids will not be ac- cepted. All questions regarding this Invitation for Dyad. should be directed to the Procure- ment Manager, Harald Good (760)323-8239. In- quiries of a technical nature should be dlrected to Allen F. Smoot, A.A.E., Director of Aviation at W0)318-3800. e CiTy will hold a pre-bid conference on May 16, 200t. Each interested bidder is invited to at- tend the pre-bid conference to be held in the conference room, second level of the Palm Springs International Airport, 3400 East Tahquitz Canyon Way, Palm Springs, California. The con- ference will commence promptly at 2:30 P.M. lo- cal time,at which time interested parties may dis- cuss the particulars and requirements of the bid documents. It is the responsiblltiy of the bidder to see that any bid sent through the mail shall have sufficient time to be received by the Procurement Office. o por to the date and time specified for bid open- ing. Late bids will be returned to the bidder un- opened. Mailing address: City of Palm Springqs, Office of Procurement Manager, P.O. Box 2743, Palm Springgs, CA 92263-2743. /a/Harold Ciood, CPPO Procurement Manager Date: May, , 2001 2001 PUB: May , TIME SHARE, RESORT HOTELS, GATED COMMUNITIES, CASINOS DESERT RECREATIONAL AND/OR ENTERTAINMENT BUSINESSES TOURISM PROMOTIONAL ACTIVITIES Cimarron Resorts Fantasy Springs Casino 340 S. Farrell 84-245 Indio Springs Parkway Palm Springs, CA 92264 Indio, CA 92201 Desert Falls Realty & Spa Resort& Casino Vacation Rentals 100 N Indian Canyon Drive 74924 Country Club Drive Palm Springs, CA 92262 Suite 130 Palm Desert, CA 92260 Spot Light 29 Casino 46200 Harrison Diana's Vacation Rentals Coachella, CA 78060 Calle Estado La Quinta, CA 92252 Agua Caliente Casino Bob Hope Drive Marriott Vacation Club Intl Rancho Mirage, CA 9000 Shadow Ridge Road Palm Desert, CA 92260 ACT Tours Attn: Bryan Ingrande 1301 N. Palm Canyon Drive Palm Springs, CA 92262 Palm Springs Resort Rentals 1111 N. Palm Canyon Celebrity Tours Palm Springs, CA 92262 4751 E. Palm Canyon Drive Palm Springs, CA 92262 Adriatic Villa 2300 N. Palm Canyon Drive Desert Adventures Palm Springs, CA 92262 67555 E. Palm Canyon Cathedral City, CA 92234 Desert Isle of Palm Springs Resort 2555 E. Palm Canyon Drive Gadabout Tours, Inc. Palm Springs, CA 92264 700 E. Tahquitz Canyon Way Palm Springs, CA 92262 Epic Resorts 140 S. Calle Encilla Windmill Tours Palm Springs, CA 92262 62990 20"Avenue Palm Springs, CA 92262 Westar Vacation Sales 2601 Golf Club Drive Worldview Travel Palm Springs, CA 92262 451 E. Tahquitz Canyon Way Palm Springs, CA 92262 Canyon Jeep Tours 3255 E. Palm Canyon Drive Palm Springs, CA 92262 Desert Hot Springs Spa Hotel Spa Resort & Casino 10805 Palm Drive 100 N.. Indian Avenue Desert Hot Springs, CA Palm Springs, CA Miracle Springs Resort & Spa Wyndham Hotel 10625 Palm Drive 888 Tahquitz Canyon Way Desert Hot Springs, CA Palm Springs, CA Las Brisas Agua Caliente Cultural Museum 222 S. Indian Canyon Drive 219 S. Palm Canyon Drive Palm Springs, CA 92262 Palm Springs, CA 92262 Country Imi and Suites Children's Museum of the Desert 71730 Highway 111 71701 Gerald Ford Drive Rancho Mirage, CA Rancho Mirage, CA 92270 Embassy Suites Hotel Heartland the California 74700 Highway 1 I 1 Museum of the Heart Palm Desert, CA 92260 39600 Bob Hope Drive Rancho Mirage, CA 92270 Hyatt Hotels 285 N. Palm Canyon Drive Palm Springs Air Museum Palm Springs, CA 92262 101 Museum Drive Palm Springs, CA 92262 Grand Champions Resort 44-600 Indian Wells Lane Palm Springs Desert Museum Indian Wells, CA 92210 101 Museum Drive Pahn Springs, CA 92262 Marquis Hotel 150 S. Indian Canyon Palm Springs, CA 92262 Ramada Resort 1800 E. Palm Canyon Drive Palm Springs, CA- Ritz Carlton 68900 Frank Sinatra Drive Rancho Mirage, CA 92270 Riviera Resort& Racquet Club 1600 N. Indian Avenue Palm Springs, CA MINUTE ORDER NO. APPROVING LEASE AGREEMENTS WITH THE MARRIOTT AND WESTIN MISSION HILLS RESORTS FOR TERMINAL COUNTER PROMOTIONAL SPACE AT THE PALM SPRINGS INTERNATIONAL AIRPORT. I HEREBY CERTIFY that this Minute Order, approving lease agreements with the Marriott and Westin Mission Hills resorts for terminal counter promotional space at the Palm Springs International Airport was hereby adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of October 2001. PATRICIA A. SANDERS City Clerk �g