HomeMy WebLinkAbout21949 - RESOLUTIONS - 6/20/2007 RESOLUTION NO. 21949
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING AN
AMENDED AND RESTATED LEASE WITH THE PALM
CANYON THEATRE FOR A CITY-OWNED PROPERTY
LOCATED AT 538 NORTH PALM CANYON DRIVE, IN
FRANCES STEVENS PARK.
WHEREAS, on July 9, 1997, Palm Canyon Theatre ("Tenant") entered into a
Lease Agreement ("Lease") with the City of Palm Springs for certain real property
described as the Palm Canyon Theatre ("Premises"); and
WHEREAS, on October 1, 1997, City and Tenant entered into that certain First
Amendment to Lease, increasing Tenant's exclusive use of floor area at the Premises,
increasing the monthly rental and prepaid rent amount, and allowing certain Tenant
electrical improvements and repairs on the Premises; and
WHEREAS, on June 17, 1998, City and Tenant entered into that certain Second
Amendment and Addendum to adjust the rent to reflect the cost of public improvements
made by Tenant, to clarify the responsibility for certain public improvements, and to
change the accounting requirements of the Lease; and
' WHEREAS, on June 5, 2002, City and Tenant entered into that certain Third
Amendment to the lease extending term of the Lease for an additional five years
through April 30, 2007, adjusting the Monthly Rental, and amending provisions relating
to the use of the Premises and late payment; and
WHEREAS, on February 16, 2007, City and Tenant entered into that certain
Fourth Amendment to Lease for the purpose of incorporating and coordinating Tenant
improvements with the Palm Springs International Film Festival, making a $200,000
Tenant improvement allowance to Tenant for the Premises; and
WHEREAS, the City and Tenant desire to extend the Lease term and modify
certain other provisions of the Lease set forth below.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The Amended and Restated Lease is hereby approved.
SECTION 2. The City Manager or his designee is hereby authorized to execute the
' Lease and all related documents.
Resolution No. 21949
Page 2
ADOPTED THIS 20"' DAY OF JUNE, 2007. '
� —Z
David H. Ready, �ity`I�ilanager
ATTEST:
les Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21949 is a full, true and correct copy, and was duly adopted at a regular '
meeting of the City Council of the City of Palm Springs on June 20, 2007, by the
following vote:
AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills,
Mayor Pro Tern Pougnet and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk
ity of Palm Springs, California