Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
A0208 - ODONNELL GOLF COURSE CLUBHOUSE LEASE COMMITTEE OF 25 421 W ALEJO
t SUBLEASE: CARRIAGE HOUSE THIS SUBLEASE made in duplicate in Palm Springs, County of Riverside, State of California, on July____ , 2008, by and between THE O'DONNELL GOLF CLUB, a California corporation(hereinafter "Sublessor"), and PAUL C. MARUT and TRACY H. CONRAD, TRUSTEES OF THE CONRAD- MARUT FAMILY TRUST DATED APRIL 21, 2003, AS AMENDED (hereinafter"Sublessee"). WILERLAS Sublessee owns that certain real property known as the O'Donnell House, which is situated adjacent to a golf course and related facilities leased from the City of Palm Springs by Sublessor; and WHEREAS Sublessor's leasehold property subject to this Sublease includes a building, the Carriage IIouse, situated at the mouth of the private driveway serving the O'Donnell House; and WHEREAS the Parties acknowledge that the location of the Carriage House renders it particularly suitable for use by Sublessee in conjunction with the operation of the O'Donnell House; and WHEREAS Sublessee desires to make such use of the Carriage IIouse and to restore, repair and upgrade the Carriage House for that purpose; and WI•IEREAS Sublessor desires that the Carriage House be restored and maintained by Sublessee and used for the purposes recited herein; NOW THEREFORE the Parties do enter into this Sublease. WITNESSETI I: That Sublessor, in consideration of the rentals herein agreed to be paid by Sublessee, and other covenants, conditions and agreements herein agreed to be performed by Sublessee, hereby leases to Sublessee for its sole and exclusive use, and Sublessee hereby takes and accepts from said Sublessor, that certain building in the City orPalm Springs, County of Riverside, State of California, described as follows, to wit: 1. PREMISES The Carriage House building situated within the O'Donnell Golf Club located in the City of Palm Springs, County of Riverside, State of California, as depicted on Exhibit "A" attached hereto and incorporated herein by this reference. The real property included under the provisions of this Sublease shall include only that real property upon which said Carriage IIouse is situated, as identified as Parcel 7on Exhibit"A" (hereinafter "the Premises"). 2. APPROVAL BY CITY This Sublease is expressly made subject to the written approval of the City of Palm Springs, and the Sublease shall be ineffective tuiless and until such approval is obtained in which event the Sublease shall become effective and valid in accordance with the terms of approval of the City of Palm Springs. Page 1 3. APPLICABILITY OF BASE LEASE Sublessee warrants that it has knowledge of and is familiar with the terms ol'that certain lease between the City of Palm Springs, a municipal corporation, as lessor, and the O'Donnell Golf Club, a California corporation, as lessee, made and entered into in the City of Palm Springs on March 27, 1969 (the "Base Lease"), and Sublessee will conform to all of the terms and provisions of said Base Lease to the extent applicable to the Premises. Sublessor agrees to conform to all of the terns and provisions of said Base Lease to the extent applicable to the remainder of the property(i.e., other than the Premises) that is covered by the Base Lease. 4. TERM The term of this Sublease commences on the date that this Sublease is approved by the City of Palm Springs ("Effective Date"), and shall terminate on March 26, 2019, unless sooner terminated by reason of: a. Termination of the Base Lease between the City and Sublessor; b. Termination by Sublessee at any time after December 31, 2013,upon at least ninety (90) days written notice to Sublessor; c. Termination by Sublessee concurrently with the transfer of Sublessee's fee interest in the O'Donnell House property pursuant to Section 10 below; d. Termination tinder any other applicable provision of this Sublease. 5. OPTIONS TO RENEW At the end of the term specified above Sublessee shall have the option to extend this Sublease for successive periods of live years each (but not to exceed the extended term of the Base Lease), provided that(1) in the case of the first such extension Sublessee shall exercise its option by providing written notice to Sublessor within sixty(60) days after receiving written notice from Sublessor of its having exercised its option to extend the tern of the Base Lease; (2) in the case of subsequent extensions Sublessee shall exercise its option by providing written notice to Sublessor within sixty (60) days before the expiration of the then-effective period; and (3) Sublessee shall have fully performed its obligations at all times under this Sublease. 6, RENT Sublessee covenants and agrees to pay to Sublessor, at The O'Donmell Golf Club office in the City of Palm Springs, California, or at any other place designated for payment by Sublessor in writing, rental for the Premises during the term as set forth in Exhibit "B" attached hereto and incorporated herein by this reference. The parties acknowledge that the rent payable during the first five years of this Sublease has been reduced in recognition of the expenses that Sublessee will incur during restoration of the building, pursuant to Paragraph 11, below. On the Effective Date, Sublessee shall pay Sublessor the pro-rated monthly rent fxorm the Effective Date Page 2 tlmrough the end of the then-current calendar month. Rent shall be due and payable, in advance, on the first day of each calendar month thereafter during the term of this Sublease. If the last month of the term is a fractional month, then the monthly rent for the last month shall be prorated accordingly- For purposes of Exhibit 13," the first "Lease Year" commences on the Effective Date and ends on that date which is twelve (12) months after the last day of the calendar month in which the Effective Date occurs, and each subsequent 12-month period during the tern shall be a subsequent Lease Year. By way of example only, if the Effective Date were March 15, 2008, then the first Lease Year would begin on March 15, 2008 and end on March 31, 2009, and each Lease Year thereafter would begin on April I" and end on March 31 st. If the Sublessee's option is exercised under Section 5 above, the monthly rent during the extended tern shall continue to increase at the rate of four percent (4%)per year during the extended term. 7. COMPENSATION FOR LOSS OF STORAGE AREA Sublessee shall pay Sublessor, upon full execution of this Sublease, the sum 56,500, to defray Sublessor's expenses in connection with relocating stored items in the building on the Premises. 8. UTILITIES Sublessee will pay all charges of gas, electricity, television and telephone during the term that are applicable to the Premises (i.e., fi-om the point of connection to the Premises). Sublessor will pay for domestic water service to the Premises. During the term of the Sublease Sublessor shall take all reasonable measures to render utility services as available to the Premises as Sublessor has made such services available to any other sub-tenant of Sublessor. 9. USE OF THE PREMISES The Premises shall be used for an automobile garage and for off-ices, together with such incidental uses as are ordinarily and customarily conducted in connection with such uses. The Premises shall not be used for any purposes other than those expressly allowed herein without the written consent of Sublessor, which shall not be unreasonably withheld. Sublessee will not use the Premises for any unlawful purpose, and will conform to all laws, regulations, statutes, and ordinances, federal, state, county and local, in the operation and use of the Premises, and will not permit any nuisance, public or private, to be conducted or umaintained thereon. Parking shall not be permitted on the Premises except within the existing garage (as it may be remodeled by Sublessee in accordance with this Sublease). 10. ASSIGNMENT OR SUBLETTING Sublessee shall not male any sublease of the Premises, or any assignment therefor, nor hypothecate or otherwise transfer this Sublease, or any of the rights therein or in the Premises of any part thereof without the written consent of Sublessor, which may be withheld in Sublessor's discretion, and any use, subletting, assignment, or hypothecation without such written consent shall be void. In the event that Sublessee transfers all of its fee interest in the O'Donnell House to another person or entity, then Page 3 Sublessee shall have the right (but not the obligation) to assign this Sublease to such person or entity only upon first obtaining the foregoing consent of Sublessor. hi the event that the transferee of Sublessee's interest in the O'Donnell House is a member of the O'Donnell Golf Club, then Sublessor's consent to assignment of Sublessee's interest in this Sublease may not be unreasonably withheld. Sublessee may transfer its ownership interest in the O'Donnell House but elect not to also transfer its interest in this Sublease, or it may elect to terminate this Sublease concurrently. The Conrad-Marut Family Trust shall have the right at any lime to transfer its interest in this Sublease to Tracy Conrad and/or Paul Manrt personally. 11. REPAIR AND RESTORATION OF THE PREMISES Restoration of building. Sublessee shall restore the Premises to a condition suitable for Sublessee's intended use of the property. The parties acknowledge that this restoration will entail substantial work on the building, to include replacement of worn or rotted materials, plumbing and electrical work within the Premises and painting. Sublessee shall submit restoration plans for Sublessor's reasonable approval, in a form mutually agreeable to Sublessor and Sublessee, before commencing work_ Sublessor, through its Board of Directors, shall designate two individuals to whom authority shall be delegated to review and approve repair and restoration plans and plan changes submitted by Sublessee for approval. Sublessee will not make or allow any changes, alterations or additions in, to or upon the Premises, or construct any addition to or improvements thereon, without first obtaining written consent of Sublessor, pursuant to a resolution of its Board of Directors. All improvements shall be the property of Sublessor upon the termination of this Sublease or any extension thereof. Construction cost, liability,_liens. Subjcct to the foregoing, Sublessee shall fully pay and shall hold Sublessor harmless from any expenses on account ot'all restoration and repair work upon the Premises during the term of this Sublease and shall not suffer any mechanic's or materialmen's liens to be placed agairxst any part of the property and to remain undischarged within fifteen (15) days of Elie date set for sale thereunder. Default in removing any such lion by the fifteenth day before any such sale shall entitle Sublessor at its option thereupon to do so without inquiring into or being charged as to the validity of same, and the accounts so paid, including reasonable expenses and counsel fees, shall be repaid to Sublessor upon the first of the month next following. Construction schedule, noise. All work upon the Premises shall be scheduled, in consultation with Sublessor, in such a manner as to not interfere with the normal operation and functioning of the O'Donnell Golf Course and clubhouse. Construction noise shall be minimized at all tirries and shall be kept at an absolute uainimum when golf course patrons are playing nearby holes. Insurance. Sublessee shall obtain and provide to Sublessor proof of insurance carried by all contractors, sub-contractors, tradespeople and others engaged to perform the repair and restoration work at the Premises. Such insurance shall include workers compensation, liability and automobile coverages. 12, REIMBURSE^"^"MLNT OF RESTORATION EXPENSES UPON CERTAIN EVENTS. If this Sublease is terminated prior to December 31, 2013, because of either(1)termination of the Base Lease for any reason or (2) acquisition of the Premises by a public entity through the exercise of powers of eminent domain, then Sublessor shall reimburse Sublessee for the unamortized sum of Sublessees documented remodeling costs (including design, pennitting and construction fees and costs)under Section 11, above, plus the unamortized$6500 storage relocation fees paid by Sublessee under Section 7 Page 4 above, based on a 60-month straight line amortization from December 31, 2008. By way of example only, if Sublessee spends 5200,000 in documented fees and costs to remodel the Carriage House, then the amount to be amortized under the foregoing paragraph would be 5206,500 [S200,000 plus the 56,500 storage relocation fee], or$3,441 67 per month over 60 months. If, to continue the illustration, this Sublease is terminated on December 31, 2011 because the Sublessor and the City mutually agree to terminate the Base Lease, or because Sublessor has defaulted under Base Lease, then Sublessor would owe Sublessee, under this example, the sum of$82,600.08 on the December 31, 2011 early termination date, to compensate Sublessee for the unamortized portion of the remodeling costs and storage relocation fee (24 months x 53,441.67). The provisions of this 12 are personal to the Conrad-Marut family Trust (the current Sublessee) and shall survive any assignment of this Sublease by the Conrad-Marut Family Trust; in other words, should any reimbursement be owing by Sublessor under this Section 12, said fiords shall be paid to the Conrad- Marut Family Trust and not to any assignee or sublessee o f the Conrad-Nlarut Family Trust. 13. TAXES AND ASSESSMENTS Sublessee will pay the following: a. Taxes, assessments, or levies upon any part of the Premises which i nay be levied by any taxing body, whether federal, state, county, city, district or any other subdivision, department or part thereof. 1f the Premises are not separately assessed, then Sublessor and Sublessee shall cooperate in good faith to agree upon a reasonable apportionment to the Premises. b. Any corporation franchise taxes or corporation license tee which may be levied upon or against it, and all levies, rates, duties, tolls, imposts, license fees of every kind and nature and description which may be at any time or from time to tirue during the term of this Sublease by or according to any law or govenunent, legal, political, military or any authority whatsoever, directly or indirectly, taxed, charged, levied, assessed or imposed against, or which shall be or may become a lien upon this Sublease, or all or any part of the Premises, and any building, improvements or structures now located or that may be hereafter located thereon. 14. CARE OF BUILDING Sublessee shall, at its own cost and expense, keep and maintain the building now situated upon the Premises, and any other improvements to the building constructed upon the Premises, and all appurtenances, equipment, machinery, plumbing, water pipes, piping, wiring, roofing, fixtures, walls, fences, areas and passages, within the Premises and each and every part thereof, in a first-class, orderly, clean, safe and sanitary repair and condition, ordinary wear and tear excepted. Sublessee shall not remove any buildings or improvements from the Premises without the written consent of Sublessor acting through its Board of Directors. 15. FIRE AND CASUALTY INSURANCE Sublessee will throughout the term of this Sublease keep in force a commercial property insurance Page 5 policy providing special form coverage (all risk coverage) on the Premises in an amount equal to the replacement cost thereof Sublessee will, through the tern of this Sublease, keep any improvement or new building constructed upon the Premises insured in the same mamrer. The beneficiaries of such insurance policies shall be The O'Donnell Golf Club, City of Palm Springs, and the Sublessee, as their- interests appear in this Sublease and in the Base Lease. Sublessee shall furnish valid certificates of insurance, naming Sublessor and the City of Palm Springs as additional insureds. 16. LIABILITY; INSURANCE INDEMNIE 1CATION• SUBROGATION a. Sublessee will pay and discharge all expenses, obligations, claims,judgments and suits of every kind and character accreting from and after the effective date of this Sublease in respect of the tenure, maintenance, operation or use by the Sublessee of the Premises, including all loss, cost, damage or expense arising from or by reason of any act or accident causing injury or damage to any person or property whomsoever or whatsoever growing our of or in any way connected with the maintenance, use, or operation by Sublessee of the Premises, and will protect, indemnify and defend Sublessor against and from any loss, cost, damage or expense caused directly or indirectly by such maintenance, use or operation, and forever hold Sublessor harmless from and against the same. b_ During the term of this Sublease Sublessee shall maintain in force a policy of comprehensive general liability insurance providing bodily injury and property damage coverage for the protection of Sublessor and Sublessee, and Sublessee shall furnish copies of the policies thereof with evidence of payment of premiums to Sublessor. Such insurance shall be in the minimum amount of One Million Dollars ($1,000,000.00) for any one occurrence and shall name Sublessor as an additional insured. Sublessee shall carry all worker's compensation insurance and other insurance required by law upon its employees. Sublessor shall also name Sublessee as an additional insured on Sublessor's liability insurance coverage- C. Sublessor and Sublessee waive all rights to recover against each other for any loss or damage arising from any cause that is covered by any property or liability insurance required to be carried, or actually carried, by either party. Each party will cause its respective insurance carrier(s) to issue appropriate endorsements waiving subrogation rights in policies issued pertaining to the Premises or its contents. 17. MECHANIC'S LIENS Sublessee will allow Sublessor to post on said Premises, and will thereafter keep posted thereon, the statutory notice of nonresponsibility pursuant to California Civil Code Section 3094, or any other notice that may hereafter be required or that has a similar effect or for a similar purpose to protect the premises against liens. 18. DEFAULT If Sublessee shall at any time be in default in the payment of any installment or installments of the rental Page 6 herein reserved, or if default be nnade by Sublessee in performance of any of the covenants or agreements herein, and such default shall continue for ninety (90) days after written notice of such default has been given by Sublessor to Sublessee, then and in any such event Sublessor at, or at any time after, the expiration of said ninety(90) days may, at its option and without further notice or demand, terminate this Sublease and repossess and enjoy the Premises again as of its first and former estate. All additions, alterations, or improvements shall remain on said Premises and be and remain the property of the Sublessor. 19, NOTICES Whenever notice, demand, or cotmmunication is to be given to or made upon Sublessee, pursuant to the terms hereof, it shall be deemed sufficient for that purpose to mail such notice, demand or communication by hand delivery or United States certified or registered mail, postage prepaid, addressed to Sublesscc at 1850 Smoketree Lane, Paltu Springs CA 92264 Whenever notice, demand, or communication is to be given to or made upon Sublessor, pursuant to the terms hereof, it shall be deemed sufficient for that purpose to mail such notice, demand or communication by United States registered mail, postage prepaid, addressed to Sublessor at 301 North Belardo Road, Palm Springs, California 92262. Any notice that is delivered in accordance with the foregoing paragraph shall be deemed delivered(a) when delivered to the recipient, if hand delivered, and (b) three (3) business days after mailing, if mailed by certified or registered mail. Either Sublessor or Sublesscc may change its address by notifying the other party in.writing as to such new address as Sublessor or Sublessee may desire used,which shall continue as the address until further notice. 20. RETURN OF PREMISES At the expiration of this Sublease, either by expiration of the term hereof or otherwise, peaceable possession of the Premises shall be given to the Sublessor in good condition, as previously restored by Sublessee, usual wear and tear and casualty (in the event of termination following damage or destruction covered by Section 21, below) excepted. 21. CONDEMNATION; DESTRUCTION OF PREMISES In the event the Premises, or any part thereof, are taken or condemned For public or quasi-public use, this Sublease shall terminate as of the date of the condemnation, and the rent reserved shall cease. The parties shall share in any condemnation award for the Premises as their respective interests may appear, recognizing(1) such expenditures as Sublessee may have incurred to upgrade and rehabilitate the Premises and(2)the term remaining on this Sublease. In the event the Premises or any portion thereof, are destroyed or damaged by fire, earthquake or other unforeseeable or uncontrollable casualty not caused by Sublessee, Sublessee shall have the option, but not the obligation, to repair or rebuild the same. If Sublessee elects to rebuild, Sublessee shall give written notice to Sublessor of its intention to rebuild or repair within sixty(60) days after the occurrence of the destruction, and it shall thereafter be allowed a period of six(6) months within which to repair or rebuild the destroyed premises. If Sublessee elects to rebuild, it shall receive all insurance proceeds. If Sublessee elects not to rebuild, Sublessor shall Page 7 receive insurance proceeds upon the Premises and Sublessee shall receive insurance proceeds upon the contents. Sublessee shall be entitled to an abatement of rent for the period commencing with the destruction or damage of the destroyed premises and lasting until completion of the rebuilding or repair of the destroyed or damaged premises, if it elects to rebuild. In the event Sublessee shall elect not to rebuild or repair the destroyed Premises, then Sublessee shall have the option of forthwith terminating this Sublease by written notice to Sublessor within thirty (30) days alter the sixty day option period given to Sublessee to decide whether or not it will rebuild or repair the Premises, and in such event Sublessce's obligation for further payment of rent shall terminate, but it shall remain liable for any unpaid or defaulted payments of rent existing at the time of destruction. At its option, Sublessee may after the destruction continue to occupy the useable part of the Premises, if any, and in such event it shall be entitled to a prorated abatement of rent based on the relation of the useable part of the Premises to the entire area of the Premises. 22. GENEPAL. Subject to the restrictions on assignment in Section 10 above, all covenants, agreements, conditions and undertakings in this Sublease contained shall extend to and be binding upon the legal representatives, successors and assigns of the respective parties hereto the same as if they were in every case named and expressed, and wherever in this Sublease reference is made to either of the parties hereto, it shall be held to include and apply to the legal representatives, successors and assigns of such party the same as if in each and every case so expressed. Upon termination of this Sublease, either by lapse of time or for any other cause or by any other means, the Premises, including improvements, if any, and including water and irrigation equipment, shall revert to and become the property of Sublessor. No modification or amendment to this instrument or any part hereof shall be valid unless in writing and signed by all parties to this instrument. This instrument shall be interpreted and enforced in accordance with the laws of the State of California. Time is expressly deemed to be of the essence of this instrument and each and every provision hereof All Recital paragraphs and all Exhibits to this instrument shall be and are hereby nnade a part of this instrument. This instrument (and Exhibits) contain the entire agreement between the parties relating to the subject matter of this instrument and supersedes all prior or contemporaneous oral or written instruments. Each party agrees to timely execute and deliver such other documents and perform such other acts as may be necessary to effectuate (he purposes of this instrument. In the event of any legal proceedings between any of the parties arising out of or relating to this instrument, then the prevailing party shall be entitled to its reasonable costs and attorneys' fees. In the event that any provision of this instrument shall be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect in any respect whatsoever the validity or enforceability of the remainder of this instrument. This instrument may be executed in any number of counterparts, each of which shall be an original,but all of which together shall constitute one agreement. Any party's signature may be delivered by facsimile transmission, with original delivered by first-class postage prepaid mail. Page 8 IN WITNESS WLLLREOF, the parties hereto have caused this instrument to be executed by their duly authorized off tiers. SUBLESSOR: THE O'DONNELL GOLF CLUB, a California cogioration _r !Il i% _ By: . zc'kk� �._ _ � B l 9(ae _ ® 9 Ff Y Ralph Hitchcock, President Rogue Hemley, Secretary SUBLESSEE: THE CONRAD-MARUT FAMILY TRUST DATED APRIL 21, 2003, AS AMENDED By: / By: Tracy H. Conrad, Trustee Paul C. Marut, Trustee STATE OF E-QQ � COUNTY OF jj--r9Q 1fi1�111. il{1D/i The forogoin instrument was acknowledged before �M�. tlflMYvdo me his day of 20 9 by I.Qg Le, I F o m Mo.M�ip 2 " M' WPrheM61iffIS,2012 Ell ic)TF No Pu61ic's SignaW�u Notary Name My Commission Exp.—%a AnD,., Page DUPLICATE APPROVAL AND CONSENT OF THE CITY OF PALM SPRINGS_ The foregoing Sublease between,The O'Donnell Golf Club, a California corporation, and PAUL C. MARUT and TRACY H. CONRAD, TRUSTEES Of THE CONRAD-MARUT FAMILY TRUST DATED APRIL 21, 2003,AS AMENDED, was approved and its execution by the parties was consented to by the City of Palm Springs, a municipal corporation, on the 18th day of June, 2008. CITY OF PALM SPRINGS, a municipal corporation Sy. r By' r e City Manager CityClerlc 7 �I �0 ` APPROVED BYCf{YCOUNCIL = �� _ 0(\ �oaDg i'ty Attorrmep Tate Page10 ORIGINAL CARRIAGE HOUSE LEASE r 'EXHIBIT A PAGE 1 ■ 4 a t`' t Af PAR " . . s:"Alf. �r r -PARCPbv .-� . • PARCEL 8 ' PARCEL t r F � i j A RPd IR..PLl. ��•iR�MF-. �.—�.jr- AM . AM iy Y Ex -l181T B 1 of 3 PAIRS CITY OF PALM SPRINGS ANAL PROPEATY dtVj$Mtl V •���► }M.t' LEASE PLAT `-' 1NIT YlP IAS Fedk::F Rt)SSE55Y'.R[P.—UME5 W.T.M 11131IIIT / $os PD.R.5EC 15 T.45. R.4E "93 r.F.a, 0,1-ooi 5 9 3-0 J Is WD Fo1 IK HCsur«in[cn!".AnI5s01•s FtI¢s 331 32 f?-n wr�e m=unsa Lfus LOHRI10 D.110[0 sloe VDIMrs CITY OF PALM 52'RIA� i3 m 11 y `' rox mrr I tsl PAR 2 AC N.L \`� �` I7 ��• G,t 1 p _ Q � L a li` L] � Ln o —I a L G fC}F F' rowlbf, - t fy y O fl. 1 F— O '= I U an Ac u,, x es ac.xv \ � � • as �yv.,�' z � 55 ma ena { Y H 9 /J k6 to/i50 l7Fl b YAa AsSIR PT. OLLE. 10,13,m P.S. mfss1"s ku EX513 f.01 JB f8750 WDEO YH RE92 ALL E'S. 11,12 P.S. &� ,eTisal Ri,<n idl [c.:l WIII. c�1111 srp • r FY 19913-5 PMCEL RL' k9, 29109 OCTOC 0 5 2001 SUBLEASE: CARIUAGE HOUSE RENT SCHEDULE EXHIBIT `B" LEASE YEAR MONTHLY RENT 1 [2008-09] $ 600.00 2 [2009-10] S 624,00 3 [2010-11] S 648.96 4 [2011-12] $ 674.92 5 [2012-131 S 701-92 6 [2013-141 $ 1,500.00 7 [2014-15] $ 1,560.00 8 [2015-161 $ 1,622.40 9 [2016-171 S 1,687.30 10 [2017-18] S 1,754-79 11 [2018-19] S 1,824.98 12 [2019] $ 1,897.98 Ends 3/26/2019 If the Sublessee's option is exercised under Section 5 of this Sublease, the monthly rent during any extended term shall continue to increase at the rate of four percent (4%) per year during the extended term. CERTIFICATE OF ACKNOWLEDGMENT State of California County of Riverside On AcL - -� 0, Is© s' before me, b Dcr g m, SL.I ( 1Y Notary Public, perso y appeared; ��d h I1'�I Who proved to me on the basis of satisfactory evidence to ba the persorI whose bame_W igw-ie ubscribed to the within instrttment and aclmowledged to me that he/shchhey executed the same in hiVIier�*ir-authorized capacity(ies)and that by his/her ffieir signature,(4) on the instrument the person(4, or the entity upon behalf of which the personka)acted, executed the instr meat 1� I certify under PENALTY OF PER7URY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature �eC?/i'4C1�(.�, / (Seal) „DIANA M. $ELLIN t COMM V595865 2• ' NOTARY PUBLIC•CALIFORNIA RIVERSIDE COUNTY '� { Commission Ex Tres AUG 15,2099 STATE OF CALIFORNIA ) SS. COUNTY OP RIVERSIDE ) On August 19, 2008, before me, CAROL A. ABARRATF, a Notary Public, (here insert name and title of the officer),personally appeared TRACY H. CONRAD and PAUL C. MARUT,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i4/are subscribed to the within insirurnenl and acknowledged to rue that]fie/slfe/they executed the same in had/her/their authorized capacity(ies),and that byhfs/h6r/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CAROL A. ABARRATE Commlaslan # 1790133 Notary public-California Signature of Notary Public Riverside County CanmE1 %Feb21,2912 O'Donnell Golf Course FOURTH 16NDMENT TO LEASE AGREEMENT, 4th Amend - Release 1-Acre AND CONSENT TO SUBLEASE Parcel SW Corner Stevens Rd & AGREEMENT #208 PCD M05599, 7-5-95 THIS FOURTH AMENDMENT TO LEASE AGREE3M,�NT NO. 208 AND CONSENT TO SUBLEASE ("Agreement") is dated this (L��� day of July, 1995 by and between the CITY OF PALM SPRINGS, a municipal corporation ("Landlord") , and the O'DONNELL GOLF CLUB, a California corporation ("Tenant") . R E C I T A L S: A. Landlord is the successor Landlord under that certain Lease Agreement No. 208 dated December 26, 1944 by and between Thomas A. O'Donnell, as lessor, and Tenant, as amended by that certain Agreement Amending Ninety-Nine Year Lease dated October 19, 1983 , that certain Agreement to Amend Leases dated December 30, 1985 and that certain Agreement Amending Lease No. 208 dated as of September 19, 1987 (collectively, "Lease Agreement No. 208") B. Landlord and Tenant have also entered into that certain Lease Agreement No. 625 dated March 27, 1969 , as amended by that certain First Amendment to Lease Agreement dated July 28, 1969 and by that certain Agreement to Amend Leases dated as of December 30, 1985 (collectively, "Lease Agreement No. 62511) . C. Landlord and Tenant have also entered into that certain Lease Agreement No. 826 dated as of April 10, 1972, as amended by that certain Agreement Amending 1987 Lease dated October 19, 1983 and by that certain Agreement to Amend Leases dated as of December 30, 1985 (collectively, "Lease Agreement No. 82611) . D. Tenant currently subleases a portion of the premises leased under Lease Agreement No. 826 to the Committee of Twenty- Five, a California corporation ("Subtenant") , pursuant to the terms of that certain Sublease dated May 13, 1972 , as amended by that certain Agreement Amending Sublease dated December 19, 1985 and that certain Agreement Amending Sublease dated March 28, 1990 (collectively, the "Sublease") . E. Tenant has requested that Landlord approve a new Sublease between Tenant and Subtenant in the form of that certain Sublease dated c-<< r , 1995, attached hereto as Exhibit "A" and incorporated herein by this reference ("New Sublease") F. Tenant has been notified by Landlord that it is required to connect all of its plumbing fixtures on the premises leased under the above-referenced leases to the City of Palm Springs sanitary sewer system and that certain front footage fees for the sewer mains, sewer connection fees and related permit and inspection fees are necessary to be paid to connect the plumbing fixtures on said premises to the City of Palm Springs sanitary sewer system (collectively, "Fees") , which Fees are estimated to cost approximately EIGHTY-FOUR THOUSAND SEVEN HUNDRED FORTY-NINE DOLLARS ($84 ,749 . 00) . -1- FS2\383\014084-0002\2153105.3 s07/06/95 G. Tenant ioilling to release the port of the premises leased to Tenant under Lease Agreement No. 208 described therein as Parcel No. 3 (the "Stevens Road Property") from Lease Agreement No. 208 in consideration for Landlord approving the New Sublease and the payment of the Fees by Landlord. H. The fair market value of the Stevens Road Property is estimated to be between $350, 000 and $900, 000, based upon appraisals, which significantly exceeds the amount of fees which the City is hereby assuming. NOW, THEREFORE, the parties hereto agree as follows: 1. Stevens Road Property. Lease Agreement No. 208 is hereby amended to remove from the premises leased thereunder the Stevens Road Property, subject to such easements and rights-of-way, whether or not these are easements or rights-of-way of record, for water lines currently in place and which are necessary for the delivery of water to said remaining premises for the irrigation of the golf course located on said remaining premises. Notwithstanding the foregoing, Landlord shall have the right to relocate such waterlines and easements and rights-of-way as may be necessary or convenient for the development of the Stevens Road Property. The parties hereto agree to cooperate with one another to determine which easements are necessary for such water delivery system, to remove of record any such recorded easements which are not necessary for such water delivery system, and to allow the relocation of any such easements for the development of the Stevens Road Property. 2 . New Sublease. Landlord hereby consents to the New Sublease (Exhibit "A") . Nothing contained herein shall preclude Landlord from requiring its consent to any future assignments or subletting. 3 . Payment of Fees. Landlord hereby agrees to pay the Fees upon Tenant's connection of its currently existing plumbing fixtures to the city's sanitary sewer system. 4 . Sewer Connection. Tenant hereby agrees to connect its plumbing fixtures located on the premises to the City of Palm Springs sanitary sewer system within one (1) year of the date of this Agreement. Tenant shall pay all costs and expenses necessary to connect the plumbing fixtures to the City of Palm Springs sanitary sewer system, other than the Fees. 5. Cooperation. Both parties agree to cooperate in good faith with each other to execute all instruments and to prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 6. Entire Agreement. This Agreement contains all the agree- ments and understandings of the parties with respect to the subject matter contained herein and there are no prior agreements or understanding pertaining to such matters. -2- F52\383\014084-0002\2153105.3 e07106/95 7. Full Force and Effect. Except as set forth herein, Lease Agreement No. 208, Lease Agreement No. 625 and Lease Agreement No. 826 remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, a muni ' a corpora io By: C4��Clerk City an r APPROVED AS TO FORM: RUTAN & TUCKER Davi&-J.�Aleshire, Esq. City Attorney "Landlord" O'DONNELL GOLF CLUB, a California corporation "p- ,.-, - r By: t'j/ ef Its iO By: , ��� Its �Re" � ' 11t�id1 "Tenant" FS2\383\014084.0002\2153105.1 a07/05/95 —3— EXHIBIT "A" SUBLEASE THIS SUBLEASE made in duplicate in Palm Springs, County of Riverside, State of California, on , 1995, to commence on July 1, 1997, by and between THE O'DONNELL GOLF CLUB, a California corporation (hereinafter referred to as "Sublessor") , and COMMITTEE OF TWENTY-FIVE, a corporation (hereinafter referred to as "Sublessee") . W I T N E S S E T H That Sublessor, in consideration of the rentals herein agreed to be paid by Sublessee, and other covenants, conditions and agreements herein agreed to be performed by Sublessee, hereby leases to Sublessee for its sole and exclusive use, and Sublessee hereby takes and accepts from said Sublessor, that certain clubhouse building in the City of Palm Springs, County of Riverside, State of California, described as follows, to wit: The Committee of Twenty-Five clubhouse building located at 421 West Alejo Road, Palm Springs, California. The real property included under the provisions of this Sublease shall include only that real property upon which said clubhouse is situated (hereinafter called "the Premises") . Sublessee has under consideration the construction of an addition to the clubhouse building above described to be constructed at its expense. Such addition shall be a rectangular structure extending the building approximately forty-two (42) feet in an easterly direction and containing approximately 1296 square feet. Such addition shall not encroach in a southerly or northerly direction beyond the existing building line. Plans for such addition will be approved by Sublessor before construction commences. Such addition, if made, shall be part 0/925E/SUBLEASE. lt/JAS/Ot2793/2:28pm EXHIBIT "A" PAGE 1 of 15 of the Premises and all provisions of this Sublease shall be applicable to it. This Sublease is expressly made subject to the written approval of the City of Palm Springs, and the Sublease shall be ineffective unless and until such approval is obtained in which event the Sublease shall become effective and valid in accordance with the terms of approval of the City of Palm Springs. This Sublease is made for the term and upon the conditions, covenants and agreements hereinafter expressed, and Sublessee warrants that it has knowledge of and is familiar with the terms of that certain lease between the City of Palm Springs, a municipal corporation, Lessor, and the O'Donnell Golf Club, a California corporation, Lessee, made and entered into in the City of Palm Springs on the loth day of April, 1972 , and Sublessee will conform to each, all and every of the terms and provisions of said lease between the City of Palm Springs and The O'Donnell Golf Club (hereinafter called "base lease") . Sublessee further, for itself, its successors and assigns, will keep and perform each and all of the conditions, covenants and agreements hereinafter provided to be kept and performed. TERM The term of this Sublease commences on the 1st day of July, 1997, for a period of fifteen (15) years, and shall end on the 30th day of June, 2012 , unless sooner terminated under a provision in the base lease reading as follows: "The Lessor herein has succeeded to the rights of THOS. A. O'DONNELL, the Lessor in a lease dated December 26, 1944, wherein THE O'DONNELL GOLF CLUB is Lessee. The last mentioned lease covers a larger parcel of real property immediately adjacent 0/6259/SUBLEASE.n.PJIAW0427952:24a 2 EXHIBIT "A" PAGE 2 of 15 to the property which is the subject of this lease. In the event the said lease of December 26, 1944, be ended for any reason whatsoever (other than wrongful termination thereof by xessor) , the within lease shall cease at the same time, it being intended that the within lease shall in no event extend beyond the termination of the said lease of the adjoining property. " In the event of the termination of the base lease, as set forth in the above-quoted provisions of said lease, then this Sublease shall also terminate simultaneously therewith, and there shall be no further liability or obligation hereunder on the part of either Sublessor or Sublessee, except as provided herein for vacating and removal from the Premises; provided, however, this shall not relieve Sublessee from any default or violation of the provisions of the base lease or delinquent payments of rental herein provided to be paid which exist at the time of any such termination. Sublessee has been a tenant of Sublessor in the Premises for many years, most recently under a Sublease dated May 13 , 1972, for a term of fifteen (15) years expiring June 30, 1987, which has been extended by two (2) successive written agreements for successive five (5) year terms. The current Sublease as so extended will expire June 30, 1997 , and this instrument is not intended to affect such existing Sublease in any respect. Such Sublease shall continue to exist and be performed by the parties until June 30, 1997. RENT Sublessee covenants and agrees to pay to Sublessor, at The O'Donnell Golf Club office in the City of Palm Springs, California, or at any other place designated for payment by Sublessor in writing, rental for the Premises during the term the following sum: oia25ersvau.+sE.mwJAS/04 5/2:2spm 3 EXHIBIT "A" PAGE 3 of 15 TEN THOUSAND TWO HUNDRED and N0/100 DOLLARS ($10,200.00) for the twelve (12) month period commencing July 1, 1997, and a similar sum for each successive year of the term except such sum shall be increased by four percent (4%) in each successive year. (Rental shall be $10, 608 . 00 for the year commencing July 1, 1998, $11,032.00 for the year commenc- ing July 1, 1999, seriatim for the remainder of the term, cents being disregarded. ) Such rental shall be paid in one sum on the first day of November in each year of the term. Annual rental for the term is set forth in Exhibit "A" attached hereto and incorporated by this refer- ence. UTILITIES Sublessee will pay all charges of gas, electricity, television and telephone during the term. Sublessor will pay all cost and 'expense of maintaining the water system and water supply on the Premises; provided, however, that Sublessor assumes no responsibility for obtaining water in the event Sublessor's water supply to the Premises and other lands and improve- ments operated by Sublessor adjacent to the Premises is insufficient to enable Sublessor to furnish water to the Premises. USE OF THE PREMISES The Premises shall be used for a social club, together with such incidental uses as are ordinarily and customarily conducted in connection with a social club. Sublessee may serve food and beverages, including alcoholic beverages, provided that no sale of alcoholic beverages shall be made unless Sublessee obtains all necessary permits and licenses therefor. 0ie258/SUBCEnsE.nYJIAS/042295rz:24m 4 EXHIBIT "A" PAGE 4 of 15 The Premises shall not be used for any purposes other than those expressly allowed without the written consent of Sublessor, and Sublessee shall not make any sublease of the Premises, or any assign- ment therefor, nor hypothecate or otherwise transfer this Sublease, or any of the rights therein or in the Premises of any part thereof without such written consent; any use, subletting, assignment, or hypothecation without such written consent shall be void. Sublessee will not use the Premises for any unlawful purpose, and will conform to all laws, regulations, statutes, and ordinances, federal, state, county and local, in the operation and . use of the Premises, and will not permit any nuisance, public or private, to be conducted or maintained thereon. IMPROVEMENT OF THE PREMISES Sublessee will not make or allow any changes, alterations or additions in, to or upon the premises, or construct any addition to or improvements thereon, without first obtaining written consent of Sublessor. Any improvements shall be the property of Sublessor upon the termination of this Sublease or any extension thereof. Subject to the foregoing, Sublessee shall fully pay and shall hold Sublessor harmless from any expenses on account of all works, improve- ments, construction and alterations upon the premises during the term of this Sublease and shall not suffer any mechanic's or materialmen's liens to be placed against any part of the property and to remain undischarged within fifteen (15) days of the date set for sale thereunder. Default in removing any such lien by the fifteenth day before any such sale shall entitle Sublessor at its option thereupon to do so without inquiring into or being charged as to the validity of 0/e256/9UHLEASP.n-W JA3l01T795R:24= 5 EXHIBIT "A" PAGE 5 of 15 same, and the accounts so paid, including reasonable expenses and counsel fees, shall be repaid to Sublessor upon the first of the month next following. TAXES AND ASSESSMENTS Sublessee will pay the following: 1. Taxes, assessments, or levies upon any part of the Premises which may be levied by any taxing body, whether federal, state, county, city, district or any other subdivision, department or part thereof. 2. Any corporation franchise taxes or corporation license fee which may be levied upon or against it, and all levies, rates, duties, tolls, imposts, license fees of every kind and nature and description which may be at any time or from time to time during the term of this Sublease by or according to any law or government, legal, political, military or any authority whatsoever, directly or indirectly, taxed, charged, levied, assessed or imposed against, or which shall be or may become a lien upon this Sublease, or all or any part of the Premises, and any building, improvements or structures now located or that may be hereafter located thereon. CARE OF BUILDING Sublessee shall, at its own cost and expense, keep and maintain the building now situated upon the Premises, and any other improvements to the building constructed upon the Premises, and all appurtenances, equipment, machinery, plumbing, water pipes, piping, wiring, roofing, fixtures, walls, entrances and walkways, included in the same and each and every part thereof, in a first-class, orderly, clean, safe and sanitary repair and condition, ordinary wear and tear excepted. 01e259/SUBLEAsB.ruviAsranvsn:2sm 6 EXHIBIT "A" PAGE 6 of 15 Sublessee shall not remove any buildings or improvements from the Premises without the written consent of Sublessor. FIRE INSURANCE Sublessee will throughout the term of this Sublease keep the building now upon the premises insured against loss or damage by fire in an amount equal to at least eighty (80) percent of the replacement cost thereof. Sublessee will, through the term of this Sublease, keep any improvement or new building constructed upon the Premises insured in the same manner. The beneficiaries of such insurance policies shall be The O'Donnell Golf Club, City of Palm Springs, and Committee of Twenty-Five, as their interests appear in this Sublease and in the base lease. LIABILITY ,Sublessee will pay and discharge all expenses, obligations, claims, judgments and suits of every kind and character accruing from and after the effective date of this Sublease in respect of the tenure, maintenance, operation or use by the Sublessee of the Premises, including all loss, cost, damage or expense arising from or by reason of any act or accident causing injury or damage to any person or property whomsoever or whatsoever growing out of or in any way connected with the maintenance, use, or operation by Sublessee of the Premises, and will protect and indemnify Sublessor against and from any loss, cost, damage or expense caused directly or indirectly by such maintenance, use or operation, and forever hold Sublessor harmless from and against the same. Sublessee shall maintain and pay for general liability and property damage insurance in responsible companies lawfully doing oro2591SUB.rwse.rcw]As/arrssrz:zepm 7 EXHIBIT "A" PAGE 7 of 15 business in California for the protection of sublessor and Sublessee, and Sublessee shall furnish copies of the policies thereof with evidence of payment of premiums to Sublessor, such general liability and property damage insurance to be in the minimum amount of One Million Dollars ($1, 000, 000. 00) for any one occurrence. Sublessee shall carry any and all workmen's compensation insurance or other insurance required by law upon its employees. MECHANIC'S IoENS Sublessee will allow Sublessor to post on said premises, and will thereafter keep posted thereon, the statutory notice of nonresponsi- bility pursuant to California Civil Code Section 3094, or any other notice that may hereafter be required or that has a similar effect or for a similar purpose to protect the premises against liens. DEFAULT If Sublessee shall at any time be in default in the payment of any installment or installments of the rental herein reserved, or if default be made by Sublessee in performance of any of the covenants or agreements herein, and such default shall continue for ninety (90) days after written notice of such default has been given by Sublessor to Sublessee, then and in any such event Sublessor at, or at any time after, the expiration of said ninety (90) days may, at its option and without further notice or demand, terminate this Sublease and repossess and enjoy the Premises again as of its first and former estate. All additions, alterations, or improvements shall remain on said Premises and be and remain the property of the Sublessor. 0/9258/SueLF ASF!.FLRIJAsran9sn:zepm 8 EXHIBIT "A" PAGE 8 of 15 NOTICES Whenever notice, demand, or communication is to be given to or made upon Sublessee, pursuant to the terms hereof, it shall be deemed sufficient for that purpose to mail such notice, demand or communica- tion by United States registered mail, postage prepaid, addressed to Sublessee at the Premises. Whenever notice, demand, or communication is to be given to or made upon Sublessor, pursuant to the terms hereof, it shall be deemed sufficient for that purpose to mail such notice, demand or communica- tion by United States registered mail, postage prepaid, addressed to Sublessor at 301 North Belardo Road, Palm Springs, California 92262 . Either Sublessor or Sublessee may change its address by notifying the other party in writing as to such new address as Sublessor or Sublessee may desire used, which shall continue as the address until further notice. RETURN OF PREMISES At the expiration of this Sublease, either by expiration of the term hereof or otherwise, peaceable possession of the Premises shall be given to the Sublessor in as good condition as they now are, usual wear excepted. CONDEMNATION AND OTHER DESTRUCTION In the event the Premises, or any part thereof, are taken or condemned for public or quasi-public use, this Sublease shall terminate as of the date of the condemnation, and the rent reserved shall cease. In the event the premises or any part thereof, are destroyed by fire, earthquake or other unforeseeable or uncontrollable casualty not caused by Sublessee, Sublessee shall have the option, but not the 0/E75 A/9UBLEA9E.FI.R/]A3/0/2Mr2:2%pm 9 EXHIBIT "A" PAGE 9 of 15 obligation, to repair or rebuild the same. If Sublessee elects to rebuild, Sublessee shall give written notice to Sublessor of its intention to rebuild or repair within sixty (60) days after the occurrence of the destruction, and it shall thereafter be allowed a period of six (6) months within which to repair or rebuild .. the destroyed premises. If Sublessee elects to rebuild, it shall receive all insurance proceeds. If Sublessee elects not to rebuild, Sublessor shall receive insurance proceeds upon the Premises and Sublessee shall receive insurance proceeds upon the contents. Sublessee shall be entitled to an abatement of rent for the period commencing with the destruction of the destroyed premises and lasting until completion of the rebuilding or repair of the destroyed premises, if it elects to rebuild. In the event Sublessee shall elect not to rebuild or repair the destroyed Premises, then Sublessee shall have the option of forthwith terminating the lease by written notice to Sublessor within thirty (30) days after the sixty day option period given to Sublessee to decide whether or not it will rebuild or repair the Premises, and in such event Sublessee's obligation for further payment of rent shall terminate, but it shall remain liable for any unpaid or defaulted payments of rent existing at the time of destruction. At its option, Sublessee may after the destruction continue to occupy the useable part of the Premises, if any, and in such event it shall be entitled to a prorated abatement of rent based on the relation of the useable part of the Premises to the entire area of the Premises. SUCCESSORS , ASSIGNS. ETC. All covenants, agreements, conditions and undertakings in this Sublease contained shall extend to and be binding upon the legal orease/SUBLEASE.rumAs/aznsn:zam 10 EXHIBIT "A" PAGE 10 of 15 representatives, successors and assigns of the respective parties hereto the same as if they were in every case named and expressed, and the same shall be construed as covenants running with the land, and .. wherever in this Sublease reference is made to either of the parties hereto, it shall be held to include and apply to the legal representa- tives, successors and assigns of such party the same as if in each and every case so expressed. Upon termination of this Sublease, either by lapse of time or for any other cause or by any other means, the Premises, including improvements, if any, and including water and irrigation equipment, shall revert to ,and become the property of Sublessor. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their duly authorized officers, the day and year first' above written. THE O'DONNELL GOLF CLUB, COMMITTEE OF TWENTY-FIVE, a California corporation a c oration Q,, � BY I'Z4 ��lZiWs. BY - _ " KENNETH F ENSTRA, President ES BAYLESS, President ��jJ�/, � f%'l � BY /��r f 4,, 1 -l�lt�r�. BY C/`J) ALLEN O. PERRIER, Secretary EARL NEE , Secretary oiexse/SUBLEASB.FuuuS/arnsrz:zspm 11 EXHIBIT "A" PAGE 11 of 15 APPROVAL AND CONSENT The foregoing Sublease between The O'Donnell Golf Club, a California corporation, and Committee of Twenty-Five, a corporation, was approved and its execution by the parties was consented to by the City of Palm Springs, a municipal corporation, on the day of 1995. CITY OF PALM SPRINGS, a municipal corporation DATED: BY LLOYD MARYANOV Mayor DATED: BY JUDITH SUMICH City Clerk 01e259/SUBca+SE.mwrnSr042795/2:29pm 12 EXHIBIT "A" PAGE 12 of 15 STATE .OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) On this 28 day of APRIL , 1995, before me, FjORENCE L. r ROSS , the and ire signed, a Notary Public in and for said State, personally appeared KENNETH FEENSTRA and ALLEN O. PERRIER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal_. FLORENCE L COMM.i 9955t0 -� Nctcr Public—Califomla NOTARY PUBLIC RIVERSIDE COUNTY Comm.Exore MAY 23.1997 STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) On this 20 day of APRIL , 1995, before me, FLORENCE L. ROSS the un— der fined, a Notary Public in and for said State, personally appeared JAMES BAYLESS and EARL NEEL, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. 1 � ) NOTARY PUBLIC FLORENCE L ROM = Comm.I9955w Z y Noiory Public—Calitomla RIVERSIDE COUNTY Comm.Exo re MAY 23.1997 018259/SUBLEASE.FTJUTAS/012795R:24m 13 EXHIBIT "A" PAGE 13 of 15 • STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) On this _ day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared LLOYD MARYANOV, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) On this day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared JUDITH SUMICH, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC 0/E256/SUBLEASE.PLR/]AS/042795n:24= 14 EXHIBIT "A" PAGE 14 of 15 EXMIT "A" YEAR COMMENCING JULY 1 4% INCREASE RENT 1997 * $10,200:00 1998 $408. 00 10,608 . 00 1999 424. 00 11, 032 .00 2000 441.00 11,473 .00 2001 458 .00 11,931. 00 2002 477.00 12,408 .00 2003 496.00 12 ,904 .00 2004 516. 00 13 , 420. 00 2005 536. 00 13,956. 00 2006 558 . 00 14,514. 00 2007 580. 00 15, 094 . 00 2008 603 . 00 15, 697 . 00 2009 627 . 00 16, 324 . 00 2010 652 . 00 16 , 976. 00 2011 679 . 00 17 , 655 . 00 E)=IT "A" PAGE 15 of 15 To release triangler por in S corner of 99 yr. leased site Res. 16303, 9-16-87' AGREEMENT AMENDING LEASE NO. 208 THIS AGREEMENT is made this day of . .� , 1987, by and between O' DONNELL GOLF CLUB, a California corporation, hereinafter referred to as the "Golf Club, " and the CITY OF PALM SPRINGS , a municipal corporation , hereinafter referred to as the "City, " with reference to the following facts: A. On or, about December 16 , 1944 , Thomas A . O'Donnell, herein referred to as "O'Donnell, " leased to the Golf Club, for a period of ninety-nine (99) years , the real property legally described in Exhibit "A" attached hereto and identified as Parcels 30 , 31, and 32 on Exhibit "B" attached hereto. On or about December 27 , 1944 , O ' Donnell deeded Parcels 30, 31, and 32 to the City, subject to said ninety-nine (99) year Lease, which Lease is hereinafter referred to as "Lease No. 208. " B. Golf Club and City have contemporaneously herewith entered into an agreement with Alexander Coler, Christina Coler, Anita Brock, and Gayle Si.rota , whereby said individuals have agreed to convey the property described in Exhibit "C" attached hereto to City in consideration of a grant of easement across Parcel 30 for underground utility purposes. C. The City and the Golf Club desire to amend Lease No. 208 by adding the property described in Exhibit "C" to 1 i said Lease. NOW, THEREFORE, it is hereby agreed that Lease No. 208 is amended by adding thereto the real property described in Exhibit "C" attached hereto. In all other respects Lease No. 208 shall remain valid and binding and in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seals hereto and thereby made this Agreement effective as of the day and year first above written. O'DONNELL GOLF CLUB, a California corporation By P1resi By Q• .TTur(+^i Vecretary APPROVED THE CITY OF PALM SPRINGS, A O R h a Municipal corporation By nn' I` Cl�2i� City Manager ASS r f , eat B Cleric APPROVED BY THE C 1I Y OUFtits� BY RES. NO,f�3 C73 sa 2 0 • STATE OF CALIFORNIA ) sse COUNTY OF RIVERSIDE ) On September 18___, 1987 , before me, the undersigned, a Notary Public in and for said State, personally appeared ROGER A. CARVER , known to me to be the President, and JnN A. SHOENBERGER known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument. WITNESS my hand and official seal. Notary Public in and for saidF'�,MVARYPUBUC-CAUFORNA OFFICIAL SEA' County and State RORENCE L ROSS PRINCIPAL OFFICE INRIVERSIDE CDUNTYy Ca &piles Mar.29,1989 STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) On � ___F 1987 , before me, the undersigned , a Notar Publ'c, in and for said State, per lly appeared l , known to me to be theFEW Manager, and (i _, known to me to be the Clerk of the unicipa corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument. WITNESS my hand and official seal. Notary Pub i ,in and f said County and State . OFFICIAL SEAL '. s ELAINE L SCN SE NOTARY PUODG CALIFORNIA RIVERSIDE COUNTY My Comm Expm,o 0ec Z5 1990 3 PARCEL to T at portion of Lot 1 , of a re-subdivision of a portion of Blocks 10 , 13 , 30 and all of Blocks 11 and 12, Palm Springs, as shown on a map on file in Book 10 at page 50 thereof, Records of the Recorder's Office of Riverside County, California, and that portion of Alejo Road, now vacated, described as Jolloers: Beginning at a point on the North line of Section 15, Township 4 South, Range 4 East, S.B.B.& Ii., which bears, 14.89043'E., a distance of 258.72 feet from the one-quarter section corner on the Borth line of said Section 15; Thence N.89043'E. , along the said section line,- • distance of 415 feet; Thence S. 410451E. , a distance of 44.52 feat, to a point on the North line of said Lot 1; Thence N.890501E. , along the North line of said Lot 1, a distance of 31.38 feet , to the East line of a 16 foot easement for a roadway; Thence S.000171E. , along the Easterly line of said 16 foot easement, a distance of 5.E4 feet; Thence 5.41058'E. , along the Easterly line of said 16 foot easement, a distance of 60.02 feet; Thence N.890431E. , and parallel with the North line of said Section 15, a distance of 1127.27 feet, to a point on the East line of said Lot 1; Thence S .00o08 'E. , along the East line of said Lot 1, a distance of 1120.80 feet, to the Southeast corner of said Lot 1; Thence S.89050'W. , along the South line of said. Lot 1, a distance of 733.74 feet, to the Easterly line of the said 16 foot easement; Thence N.4501].'3011E. , along the Easterly line of the said 16 foot easement, a distance of 30.27 feet;- Thence 14.56034130"E. , along the Easterly line of the said -16 foot easement, a distance of 192. 15 feet ; Thence N.04003130"E. , along the Easterly line of the said 16 foot easement , a distance of 671.68 feet; Thence 14.270551W. , along the Easterly line of the said 16 foot easement , a distance of 277 .06 feet ; Exhibit. / -- / of Thence S.65005fw. • a distance of '73 feet; Thence N.46033130"W., a distance of 156 feet; Thence 11.55058130"W. , a distance of 188.74 fee Thence N.130401'w% , a distance of 201.S7 feet; Thence S.86532130"W., a distanco of 97-.40 feet Thence N.77028130"W. , a distance of 137.79 fee' Thence S.80009tW. , a distance of 151.31 feet ; Thence N.62018TW. 2 a distance of 65.57 feet; Thence N.430031W. , a distance of 137.15 feet; Thence S.980221W. , a distance of 150.67 feet; Thence N.040231W. , a distance of 86 feet; Thence N.190311E. , a distance of 180 feet to t]; point of beginning. The above described tract of land contains 33.1 acres , more or less. Reserving and excepting therefrom a parcel of 1 Sixteen (16) feet in width; the centerline of which Six (16) foot parcel is described as follows : Beginning at a point on the North line of said ] 1, which bears S.89150171., a distance of 1175,35 feet the Northeast corner of. said Lot l; Thence 3.000171E. , a distance of 8.91 feet; Thence S.41058'E. , . a distanco of 567.31 feet; Thence S.270551E., a, distance of 338.91 feet. PARCEL 2 • That real property in the City of Palm Springs, County of Riverside, State of California, described a followsi Beginning at a point on the South line of Sectio 10, Township 4 South, Range 4 East, S .B.B.& M. , from which the one-quarter section corner between Sections 10 and 15, Township 4 South, Range 4 'East, S .B.B.& 14. bears S .99059 ,1% , a distance of 203.64 feet ; Exhibit Ir 3 Thence N.690591E. , along the South line of said Section 10, a distance of 159 .6 feet to the Southwest corner of the Palm Springs Cemetery, on file in Map Book 18, page 39, Records of Riverside County, California; Thence N.000081E.0 along the West boundary' of said , Palm Springs Cemetery, a distance of 240.e3 feet; Thence N.15615'E., along tho ,West boundary of said Palm Springs Cemetery, a. distance of 8.65 feet, to the Northwest corner of said Palm Springs Cemetery, being also the South line of Chino Avenue; Thence S.e905113011W. , along the South line of Chino Avenue a distance of 17.62 feet; Thence N.000031W., a distance of 25.39 feet; Thence S.3505V 30"W. , a distance of 176.76 feet; Thence S.17012171. 1 a distance of 137.55 feet to the point of beginning. PARCEL 3: I^hat real property -in the Coachella valley County Water District, Palm Springs Police Protection District, ; County of Riverside, State of California, described ast That portion of the Northeast quarter (NE-41 ) of the Northeast 4uarter (NES) of Section Ten (10) in Township Four (4) South, Range Four (4) East , San Bernardino Base and Meridian, by metes and bounds commencing at the Northeast cornor of said Section 10; thence South 89051' West, throo hundred fifty-throo and no hundredths (353.00) feet to the contorlino of the County Highway; thence South on the centerline of the County Highway seven hundred and thirteen hundredths (700.13) feet; thence South 89050' West, Thirty (30) feet to the true point of beginning; thence South 890501 Vilest two hundred five and ei hty-eight hundredths (205.28) feet ; thence South 00 101 East, two hundred eleven and eighty-eight hundredths (211.88) feet; thence North 890501 East, two hundred five and thirty hundredths (205.30) feet more or less to the westerly line of said County High- way, thence North on said Westerly line of the County Highway t two hundred eleven and eighty-eight hundredths (211.661 feet more or less to the point of beginning. Exhibi"-3 Of mend #2 to AGREEMENT 9208 Donnell Golf Club, incr. ins. & sublease R15617, 7431485 AGREEMENT TO AMEND LEASES THIS AGREEMENT is made this 0,�) ' day of � �c�;�c- e2J, 198 5, by and between O'DONNELL GOLF CLUB, aka-Tiornia corporation, hereinafter referred to as the "Golf Club", and the CITY OF PALM SPRINGS, a municipal corporation, hereinafter referred to as the "City", with reference to the following facts. A. On or about December 26, 1944, Thomas A. O' Donnell , hereinafter referred to as "O'Donnell", leased to the Golf Club, for a period of ninety-nine (99) years, the real property legally described as Parcels 1, 2 and 3 in Exhibit "A" attached hereto and identified on Exhibit "B" attached hereto. On or about December 27, 1944, O'Donnell deeded parcels 1, 2 and 3 to the City, subject to said ninety-nine (99) year Lease, and the City thereby became the lessor under said Lease, which Lease is hereinafter referred to as the "99 Year Lease Agreement No. 208". B. On or about March 27, 1969, the City leased to the Golf Club for a term of fifty (50) years the real property described as Parcels 4, 5, 6, and 7 in Exhibit "A" attached hereto and identified on Exhibit "B" attached hereto. Said Lease has been amended since the date of the original Lease, by First Amendment to Lease Agreement between the City and the Golf Club dated July 28, 1969, which Lease is due to expire on March 26, 2019, and is hereinafter referred to as the "2019 Lease Agreement No. 625". C. On or about July 1, 1947, the City leased to the Golf Club for a term of twenty-five (25) years the real property described as Parcels 8 in Exhibit "A" attached hereto and identified on Exhibit "B" attached hereto. Said Lease has been renewed and/or extended on several occasions since the date of the original Lease, the most recent version of which was a Lease Agreement between the City and the Golf Club dated April 10, 1972, and Agreement to amend Leases between the City and the Golf Club dated October 19, 1983 which Lease is due to expire on October 31, 2043 and is hereinafter referred to as the "2043 Lease Agreement No. 826" . D. On or about May 13, 1972 the Golf Club subleased to Committee of Twenty- five, a corporation, a portion of the real property described in the 2043 Lease, which sublease is due to expire on June 30, 1987, and is hereinafter referred to as "Sublease Agreement No. 826A E. The Golf Club now desires the City to approve an amendment to the Sublease which would extend the Sublease five years. F. The City is willing to approve the amendment to the Sublease provided that the Golf Club will amend the insurance requirements set out in the 99 Year Lease Agreement No. 208, the 2019 Lease Agreement No. 625, and the 2043 Lease Agreement No. 826. NOW, THEREFORE, it is hereby agreed as follows: 1. Concurrently with the execution of this Agreement the City will approve the amendment to the Sublease which would extend the Sublease five years. 2. That the Insurance requirements set out in the 99 Year Lease Agreement No. 208, the 2019 Lease Agreement No. 625, and the 2043 Lease Agreement No. 826 are hereby amended as follows: (A) LIABILITY INSURANCE - During the entire term of the above leases, Lessee agrees to procure and maintain public liability insurance at its sole expense to protect against loss from the liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person from any act or activities of the City or Lessee, its sublessees or any person acting for the City or Lessee or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused AGREEMENT TO AMEND LEASE O'DONNELL GOLF CLUB Page 2 directly or indirectly by or from acts or activities of the City, or Lessee, or its Sublessees, or any person acting for the City or Lessee, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the City against incurring any legal cost in defending claims f-or alleged loss. Such public liability and property damage insurance shall be maintained in, full force and effect throughout the term of this lease and any extension thereof in the following minimum limits: Bodily Injury $ 500,000 each person $1,000,000 each occurrence $1,000,000 operations Property Damage $ 500,000 each occurrence $ 500,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and shall name the City of Palm Springs as an additional insured. If the operation under this Lease results in an increased or decreased risk in the opinion of the City Manager, then Lessee ` agrees that the minimum limits hereinabove designated shall be "11, changed accordingly upon request by the City Manager; provide , / however, that the Lessee may appeal to the City Council within 1 - air days after any increase is requested and such requirement for ; increased coverage shall be subject to determination by the City�. Council . Lessee agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which the Lessee may be held responsible for the payment of damages to persons or property resulting from Lessee' s activities, the activities of its Sublessees, or the activities of any person or persons for which Lessee is otherwise responsible. (B) WORKER'S COMPENSATION INSURANCE - The Lessee shall procure and maintain, at its sole expense, Worker's Compensation Insurance in such 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 Lessee and the City against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Lessee in the course of carrying out the within agreement. (C) FIRE & EXTENDED COVERAGE INSURANCE - Lessee also agrees to procure and maintain, at its sole expense, during the term of this Lease, and any extension thereof, a policy of fire, extended coverage and vandalism insurance on all permanent property, of an insurable nature located upon the leased premises on a replacement cost basis. Said policy shall be in an amount sufficient to cover at least eighty percent (80%) of the replacement costs of said property. Lessee agrees to pay the premium for such insurance and shall require that any insurance proceeds resulting from a loss under said policy are payable jointly to City and Lessee. Said proceeds shall constitute a trust fund to be reinvested in rebuilding or repairing the damaged property or said proceeds may be disposed of as specified in paragraph following, entitled "Waste, Damage or Destruction," hereof; provided, however, that within the period during which there is in existence a mortgage upon the leasehold, then and for that period all policies of fire AGREEMENT TO AMEND LEASE O' DONNELL GOLF CLUB Page 3 insurance, extended coverage and vandalism shall be made payable jointly to the mortgagee or beneficiary, the named insured, and City, and shall be disposed of jointly by the parties for the following purposes: 1. As a trust fund to be retained by said mortgagee or beneficiary and applied in reduction of the debt secured by such mortgage with the excess remaining after full payment of said debt to be paid over to Lessee and City to pay for reconstruction, repair, or replacement of the damaged or destroyed improvements in progress payments as the work is performed. The balance of said proceeds shall be paid to Lessee. Provided, further however, nothing herein shall prevent Lessee, at its option and with the approval of said mort- gagee or beneficiary, from filing a faithful performance bond in favor of said mortgagee or beneficiary and City in an amount equivalent to said insurance proceeds in lieu of surrendering said insurance proceeds to said mortgagee or beneficiary and City. 2. In the event that this Lease is terminated by mutual agree- ment and said improvements are not reconstructed, repaired or replaced, the insurance proceeds shall be jointly retained by City and said mortgagee or beneficiary to the extent necessary to first discharge the debt secured by said mortgagee or beneficiary shall hold the balance of said proceeds for City and Lessee as their interests may appear. Lessee agrees to increase the limits of liability when, in the opinion of the City Manager , -he value of the improvements covered is increased, sut0""s rM,,"'horver, availability of such insurance at the increased limits; ppp that the Lessee may appeal to the City Council wiFFttli^ s after any increase is requested and such requirement for increased coverage shall be subject to determination by th'e City Council . (D) WASTE, DAMAGE 0��� ON - Lessee agrees to give notice to the City of any fi ether damage that may occur on the leased premises within ` `ays of such fire or damage. Lessee agrees not to commit or suffer to be committed any waste or injury or any public or private nuisance, to keep the premises clean and clear of refuse and obstructions, and to dispose of all garbage, trash and rubbish in a manner satisfactory to the City. If the leased premises shall be damaged by any cause which puts the premises into a condition which is not decent, safe, healthy and sanitary, Lessee agrees to make or cause to be made full repair of said damage and to restore the premises to the condition which existed prior to said damage, or Lessee agrees to clear and remove from the leased premises all debris resulting from said damage and rebuild the premises in accordance with plans and specifications previously submitted to the City and approved in writing in order to replace in kind and scope the operation which existed prior to such damage. Lessee agrees that preliminary steps toward performing repairs, restoration or replacement of the premises shall be commenced by Lessee within thirty days and the required repairs, restoration or replacement shall be completed within a reasonable time there- after. The City may determine an equitable deduction in the minimum annual rent requirement for such period or periods that said premises are untenantable by reason of such damage. i AGREEMENT TO AMEND LEASE O' DONNELL GOLF CLUB Page 4 (E) EVIDENCE OF INSURANCE - A Certificate of Insurance, or an appro- priate insurance binder, evidencing the above insurance coverage with a company acceptable to the City' s Manager shall be submitted to the City prior to execution of this Lease naming the City as an additional named insured. (F) NOTICE TO CITY, INSURANCE COVERAGE CHANGE - The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or cancelled by the carrier, for non-payment of premiums or other- wise, without thirty (30) days prior written notice of amendment or cancellation to the City. In the event the said insurance is cancelled, the Lessee shall, prior to the cancellation date, sub- mit to the City Clerk new evidence of insurance in the amounts heretofore established. 3. In all other respects the 99 Year Lease Agreement No. 208, the 2019 Lease Agreement No. 625, and the 2043 Lease Agreement No. 826 shall remain valid and binding and in full force and effect as originally written. IN WITNESS WHEREOF, the parties have set their hands and seals hereto and thereby made this Agreement effective as of the day and year first above written. THE O'DONNELL GOLF CLUB, THE CITY OF PALM SPRINGS a California corporation a municipal corporation B BY: President (SEAL) (SEAL) ;j By: Bi / �'-%l CH Secretary City Clerk APPR VEU AS TO FO M APPROVED BY THE CITY COUNCIL_ +ity Attorney Date WP/ROW 2 • Page 1 EXHIBIT "A" PARCEL 1: That portion of Lot 1, of a Re-subdivision of a portion of Blocks 10, 13, 30 and all of Blocks 11 and 12, Palm Springs, as shown on a map on file in Book 18 at page 50 thereof, Records of the Recorder' s Office of Riverside County, California, and that portion of Alejo Road, now vacated, described as follows: Begining at a point on the North line of Section 15, Township 4 South, Range 4 East, San Bernardino Base and Meridian, which bears N.89 43'E. , a distance of 258.72 feet, from the one-quarter section corner on the North line of said Section 15; Thence N.89043'E. , along the said section line, a distance of 415 feet; Thence S.410451E. , a distance of 44.52 feet, to a point on the North line of said Lot 1; Thence N.890501E. , along the North line of said Lot 1, a distance of 31.18 feet, to the East line of a 16 foot easement for a roadway; Thence S.000171E., along the Easterly line of said 16 foot easement, a distance of 5.84 feet; Thence S.410581E. , along the Easterly line of said 16 foot easement, a distance of 60.02 feet; Thence N.890431E. , and parrallel with the North line of said Section 15, a distance of 1127.27 feet, to a point on the East line of said Lot 1; Thence S.000081E. , along the East line of said Lot 1, a distance of 1720.80 feet, to the Southeast corner of said Lot 1; Thence S.89050'W. , along the South line of said Lot 1, a distance of 733.74 feet, to the Easterly line of the said 16 foot easement; Thence N.45011'30"E. , along the Easterly line of the said 16 foot easement, a distance of 30.27 feet; Thence N.56034'30"E. , along the Easterly line of the said 16 foot easement, a distance of 192.15 feet; Thence N.04003'30"E. , along the Easterly line of the said 16 foot easement, a distance of 671.68 feet; Thence N.27055'W. , along the Easterly line of the said 16 foot easement, a distance of 277.06 feet; Thence S.650051W. , a distance of 73 feet; Thence N.46033'30"W. , a distance of 156 feet; Thence N.55058'30"W. , a distance of 188.74 feet; Thence N.13040'W. , a distance of 201.87 feet; Thence S.86032130"W. , a distance of 97.40 feet; Thence N.77028'30"W. , a distance of 137.79 feet; Thence S.80o09'W., a distance of 151.31 feet; Thence N.62018'W. , a distance of 65.57 feet; Thence N.43003'W. , a distance of 137.15 feet; Thence S.88o22'W• , a distance of 150.67 feet; 0 Page 2 Thence N.04023'W. , a distance of 86 feet; Thence N.19031'E. , a distance of 180 feet to the point of beginning. The above described tract of land contains 33.16 acres, more or less. PARCEL 2: That real property in the City of Palm Springs, County of Riverside, State of California, described as follows: Beginning at a point on the South line of Section 10, Township 4 South, Range 4 East, San Bernardino Base and Meridian, from which the one-quarter section corner between Sections 10 and 15, Township 4 South, Range 4 East, San Bernardino Base and Meridian, bears S.89059'W. , a distance of 203.64 feet; Thence N.89059'E. , along the South line of said Section 10, a distance of 159.6 feet to the Southwet corner of the Palm Springs Cemetary on file in Map Book 18, page 39, Records of Riverside County, California; Thence N.00008'E. , along the West boundary of said Palm Springs Cemetery, a distance of 240.83 feet; Thence N.15015'E., along the West boundary of said Palm Springs Cemetery, a distance of 8.65 feet, to the Northwest corner of said Palm Springs Cemetery, being also the South line of Chino Avenue; Thence S.89051'30"W. , along the South line of Chino Avenue, a distance of 17.82 feet; Thence N.00008'W., a distance of 25.39 feet; Thence S.35051'30"W. , a distance of 176.76 feet; Thence S.170121W. , a distance of 137.55 feet to the point of beginning. The above described tract of land contains 0.63 acres more or less. Reserving and excepting therefrom a parcel of land thirty (30) feet in width along the westerly boundary of the above described parcel of land. PARCEL 3: Being a portion of the Northeast quarter of the Northeast quarter of Section 10 in Township 4 South, Range 4 East, San Bernardino Base and Meridian, described as follows: Beginning at the Northeast corner of said Section 10; Thence South 89051'West, 353.00 feet to the centerline of the County Highway; Thence South on the centerline of the County Highway 700.13 feet; Thence South 89050'West, 30 feet to the true point of beginning; Thence South 89050' West, 205.88 feet; Thence South 00010' East, 211.88 feet; Thence North 89050' East, 205.30 feet more or less to the Westerly line of said County Highway; Thence North on said Westerly line of the County Highway, 211.88 feet more or less to the point of beginning. PARCEL 4: That portion of Lot 1 of a subdivision of a portion of Blocks 10, 13, 30 and all of Blocks 11 and 12 of Palm Springs, as shown by Map on file in Book 18, Page 50 of Maps, Riverside County Records, described as follows: Page 3 Beginning at a point on the South line of said Lot 1 which bears South 89050' West 745.21 feet from the Southeast corner of said Lot 1 ; Thence North 45011' 30" East, 39.17 feet; Thence North 56034'30"East 189 feet; Thence North 04003'30" East 223.23 feet to the true point of beginning; Thence from said true point of beginning South 85056'30" East 8 feet; Thence North 0403'30" East 442.10 feet; Thence North 85056'30" West 276 feet; Thence South 04003'30" West 442.10 feet; Thence South 85056'30" East 268 feet to the true point of beginning. PARCEL 5: That portion of Lot 1 of Amended Map of a Resubdivision of a portion of Blocks 10, 11, 12, 13 and 30 of Palm Springs, as shown by Map on file in Book 18, Page 50 of Maps, Riverside County Records, described as follows: Commencing at the Southeast corner of said Lot 1; Thence North 89050' West on the South line of said Lot, 745.21 feet, to the true point of beginning; Thence North 45011'30" East 39.17 feet; Thence North 56034'30" East 83.04 feet; Thence North 60005' West 99.77 feet; Thence North 79016'30" West 27.24 feet; Thence North 10043'30" East 27.24 feet; Thence North 09019'19" East to the South line of that certain parcel coveyed to Elsie Dougherty by Deed recorded April 9, 1946 as Instrument No. 1355; Thence South 85056'30" East on the South line of said Elsie Dougherty parcel to the Southeast corner thereof; Thence continuing South 85056'30" East 8 feet to the West line of that certain parcel conveyed to the City of Palms Springs by deed recorded December 28, 1944 in Book 654 Page 424 of Official Records; Thence South 04003'30" West 229.58 feet, more or less, to an angle point therein; Thence South 56034'30" West 192.15 feet; Thence South 45011'30" West 30.27 feet to the South line of said Lot 1 from which the Southeast corner of said Lot 1 bears North 89050' East 733.74 feet; Thence North 89050'West on said South line 11.47feet; to the true point of beginning. PARCEL 6: That partion of Lot 1 of Amended Map of a Resubdivision of a portion of Blocks 10, 11, 12, 13 and 30 of Palm Springs, as shown by Map on file in Book 18, Page 50 of Maps, Riverside County Records, described as follows: Commencing at the Southeast corner of said Lot 1; Thence South 89050' West on the South line of said Lot, 733.74 feet; • • Page 4 Thence North 45011'30" East 30.27 feet; Thence North 56034'30" East 192.15 feet; Thence North 04003'30" East 671.68 feet to the true point of beginning; Thence North 27055' West 277.06 feet; Thence South 65005'00" West 73 feet; Thence South 25020'30" East to the North line of that certain parcel conveyed to Elsie Dougherty by Deed recorded'April 9, 1946 as Instrument No. 1355; Thence South 85056'30" East to the Northeast corner of the parcel conveyed to Elsie Dougherty; Thence South 04003'30" West 442.10 feet to the Southeast corner of said parcel ; Thence South 85056'30" East 8 feet to the West line of that certain parcel conveyed to the City of Palm Springs by Deed recorded December 28, 1944 in Book 654 Page 424 of Official Records; Thence North 04003'30" East to the true point of beginning. PARCEL 7: That portion of Lot 1 of a Subdivision of a portion of Blocks 10, 13, 30 and all of Blocks 11 and 12, of Palm Springs, as shown by Map on file in Book 18, Page 50 of Maps, Riverside County Records, described as follows: Beginning at a point on the South line of said Lot 1, 745.21 feet Westerly from the Southeast corner of said Lot 1; Thence North 45011'30" East 39.18 feet; Thence North 56034'30" East 83.04 feet; Thence North 60005' West 99.77 feet; Thence North 79016'30" West 138.76 feet; Thence South 15015'30" West 166.87 feet to a point on the South line of said Lot 1; Thence North 89050' East on the South line of said Lot 1 to the point of beginning. PARCEL 8: That portion of Lot i of the Re-Subdivision of a portion of Blocks 10, 13 and 30 and all of Blocks 11 and 12 of Palm Springs, as shown by Map on file in Book 18, Page 50 of Maps, Riverside County Records, particularly described as follows: Commencing at a point on the North line of Section 15, Township 4 South, Range 4 East, San Bernardino Base and Meridian, which bears North 89 43' East, 258.72 feet from the quarter section corner of the North line of said Section 15, Thence North 89043' East along the North line of said Section, 415 feet; Thence South 41045' East, 44.52 feet to a point on the North line of said Lot 1; Thence North 89043' East along the North line of said Lot 1, 31.18 feet to the true point of beginning; • • Page 5 Thence South 0017'East along the Easterly line of a 16 foot Easement, 5.84 feet; Thence South 41058' East along the Easterly line of said 16 foot easement, 60.02 feet; Thence North 89043' East parallel with the North line of said Section 15, 1127.27 feet to a point on the East line of said Lot 1; Thence North 008' West along the East line of said Lot 1, 50 feet, more or less, to the Northeast corner thereof; Thence South 89043' West along the Northerly line of said Lot 1, to the true point of beginning. j i S Fi ciR yo 1 O Ot 2 a � a •, x All lli�\ a q 0 po . Jcf s..!///_/_•"' 2 Q � •s u � I PARCEL, 7 `w PARCEL Q yh_ =l4� PARCH 4,, PARCEL $ o �.J PARCEL 5, ' °� R PARCEL 1,. z E q M ; n 0Wj L d� j N OO° O B W_ _—_/l 10 -- an O N OO I F- m L i Cj Z� 1W r n EXHIBIT= B 1 of 3 p, PALM sA CITY OF PALM SPRINGS U•/y� N REAL PROPERTY DIVISION {I1J APPROVED c�<LFpRN��• LEASE PLAT ` ERNIE G. BLEVINS REA, PROPERTY SPECIALIST O'DONNEL GOLF COURSE DESIGN BY: SCALE: FILE NO. W.J.D. NONE R 85.65 CHECKED BY: DWG. NO.: SHEET NO. E.G.B. OF 2,, f� a N y u.0 . .wrTT Cb RA 3CEL 2 O �\ m rI'll Al m C v N u ti M I n tl hH2 I Ir I A G —N h PATE' — RD C---1 -F - - - 1 cio k ys � , I 11 30 a 4Q o I ro I I lu I a I I I � I A I • � � I O I N qp N —.0A1101 LA -___ + — � I III I I I I QNj EXHIBIT B 2 of 3 O1 PALM s, CITY OF PALM SPRINGS cREAL PROPERTY DIVISION U APPROVED LEASE PLAT ERNIE G. BLEVINS REAL PROPERTY SPECIALIST OTONNEL GOLF COURSE DESIGN BY: SCALE: FILE NO. W.J.D. NONE R 85.65 CHECKED BY: DWG. NO.: SHEET NO. E.G.B. OF 2 . = N o > I W W N 505-18 T. CA. //os POR EZ NE4 SEC./O 7.745 R4 E. N d OD = HEET /OF2 w w WEST 1 1 \ e,.,ro:. . ' t I (L d .. L1F -r STEVENS J c•e�—� rr c.a^ ROAD •rre^ G 0. 2 ir5 `I .. I 'µ xYf,� lR.osl rn rD.n - - yvsr I-avl CL W w •` rriza i �: "ti '. rolao / 36 � laoi rai 4 W (QJ} o ; F•V IIe V _ I W flJ Z O 35 �i I I Z _Z h10Va C7 Cd I ,., > ry' L6YAr NI � LOOt AC W U0,13 /9wwm33 y Q / Er ig a �l.lW CAMJND —— ....,, i >~�F�c,�J4 °s I�/�/z �I 2 G 5 32 ®., i Q vzcs" :j_ "1�II 6 i 3/ V1f1 /T D I (2j- G I OQ] r 30 'Z 91 — a z/ yl w 9 _ r 6 o B 29 2� I O ^ V) cr <J © 0 3 r I O ya roc 2 I. G 9 29 /6 I �' O 0 aLOI r ti r1v.z 11/.r.lyr'� �BJ� O cm .... Q. LL VEREOA �� vr` 9 i C /o zr 15 ` J /.02A[NI V I • aas x I �+ O \1 I ~ 1 `�r3o `NQRT ` �r.�9 ml as ro 2e /4 y� W �3,..3 � . � U (n J Q w l2 25 (/31 I I W Z � \ 1 l - - - - - J o _a x•INEV Ne ��'/i \ Ste ' 0 n ` y ¢ a n MB. /5/15-/6 LAS PALMAS ESTATES TUS /7/34 PALM SPR/N66 ESTATES Na 3 M B 621/4 /77ACT 3530 \NGs M B 127196,97 Tract Na /7943 CM 41/1-/0 MS /32/34-35 '• /8077 ASSESSOR'S MAP BK 505 PG./B z RNERS/DE COUNTY CALIF O o 0 ALS'UST /966 4.!/3 RESOLUTION NO. 15617 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO AMEND LEASES WITH O'DONNELL GOLF CLUB SO THAT THE INSURANCE REQUIREMENTS MEET CITY STANDARDS AND APPROVE EXHIBIT "A", AGREEMENT TO AMEND LEASES" AS TO FORM. WHEREAS the City of Palm Springs is the owner of the property occupied by the O' Donnell Golf Course; and WHEREAS the City leased the property to the O' Donnell Golf Club by the 99-year Lease Agreement No. 625; the 2019 Lease Agreement No. 625; and the 2043 Lease Agreement No. 826; and WHEREAS the liability insurance required by said Leases are less than the City standards; and WHEREAS insurance certificates held by the City are less than standards set by the City; and WHEREAS insurance certificates held by the City have expired. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, as follows: Section 1. The City Manager of the City of Palm Springs is hereby authorized to execute any and all documents necessary to amend the leases with O' Donnell Golf Club so that the insurance requirements match the standards set by the City. Section 2. Exhibit "A", "Agreement to Amend Leases," as on file in the Office .of City Clerk is hereby approved as to form. ADOPTED this 31st day of July 1985. AYES: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City C erk City Manager REVIEWED & APPROVED: WP/RES 5 Amendment No. 1 to AGR 208 to release triangular por in AGREEMENT AMENDING 99 YEAR LEASE SE corner of 99 yr leased sitE Res 14761 , 10-19-83 THIS AGREEMENT is made this /i'e'Idd / a"�2 ay of (�'�: � �� 1983 by and between O ' DONNELL GOLF CLUB , a California corporation, hereinafter referred to as the "Golf Club" , and the CITY OF PALM SPRINGS , a municipal corporation, hereinafter referred to as the "City" , with reference to the following facts : A. On or about December 26 , 1944 , Thomas A. O' Donnell, hereinafter referred to as "O'Donnell" , leased to the Golf Club, for a period of ninety-nine (99) years , the real property legal- ly described in Exhibit "E-1" attached hereto and identified as Parcel 30 on Exhibit "E-2" attached hereto , which real property is hereinafter referred to as "Parcel 30" . On or about December 27 , 1944 , O ' Donnell deeded Parcel 30 to the City, subject to said ninety-nine (99 ) year Lease , and the City thereby became the lessor under said Lease , which Lease is hereinafter referred to as the "99 Year Lease" . B. The City and the Golf Club now desire to amend said 99 Year Lease in the manner set forth herein . NOW, THEREFORE, it is hereby agreed that the 99 Year Lease is amended as follows : That portion of Parcel 30 which is de- scribed in Exhibit "E-3 " attached hereto and identified as Parcel "A" on Exhibit "E-2" attached hereto is hereby released to the City and is no longer subject to the 99 Year Lease . In all other respects the 99 Year Lease shall remain valid and binding and in full force and effect as originally written. IN WITNESS WHEREOF, the parties have set their hands and seals hereto and thereby made this Agreement effective as of the day and year first above written . THE O ' DONNELL GOLF CLUB , THE CITY OF PALM SPRINGS , a California corporation a municipal corporation B� By: rRANK BOGERT President Mayor U JUDITH SUMICH Secretary ity Clerk na. . 9��r� �1�...1Vi:y; `4�eri�,—��E; OT it COUI`•IC. �J�L } If�Y STATE OF CALIFORNIA ) ss . COUNTY OF RIVERSIDE ) On 1983 , before me , a Notary Public in and for said State , personally appeared FRANK BOGERT, Mayor and JUDITH SUMICH , City Clerk personally known to me proved to me on the basis of satisfactory evidence to be the persons who executed the within instrument as Mayor and City Clerk of the City of Palm Springs and acknowledged to me that said City executed same . WITNESS my hand and official seal. -2- M STATE OF CALIFORNIA ) ss . COUNTY OF RIVERSIDE ) On -19-8-3 , before me, a Notary Public in and for Braid/ State personally appearedI���», /mieu>t�i personally known to me proved to me on the basis of satisfactory evidence to be the persons who executed the within instrument as Presi- dent and Secretary , respectively, on behalf of the Corporation therein named and acknowledged to me that said Corporation executed the same. WITNESS my hand and official seal . Ye.�limyl�.^vA4i/rvd' � OFFICIAL SEAL � E. MARIE SNYD ER NOtAP.Y PUBLIC-CALIFORNIA f, ti NOTARY FOND FILED W RIVERSIDE COUNTY My Commission Expires August 27, 1985 —3- 0Agreeing to amend Agr #208 & 826 re O'Donnell leased sites AGREEMENT TO AMEND LEASES -- ------------ -- THIS AGREEMENT is made this day of U(i //"Y''t , 1983 , by and between O' DONNELL GOLF CLUB , a California corporation, hereinafter referred to as the "Golf Club" , and the CITY OF PALM 1 SPRINGS , a municipal corporation, hereinafter referred to as the "City" , with reference to the following facts : A. On or about December 26 , 1944 , Thomas A. O' Donnell , hereinafter referred to as "O' Donnell" , leased to the Golf Club , for a period of ninety-nine (99) years , the real property legal- ly described in Exhibit "A" attached hereto and -identified as Parcel 30 on Exhibit "B" attached hereto , which real property is hereinafter referred to as "Parcel 30" . On or about December 27 , 1944 , O' Donnell deeded Parcel 30 to the City, subject to said ninety-nine (99 ) year Lease , and the City thereby became the lessor under said Lease , which Lease is, hereinafter referred to as the "99 Year Lease" . B. on or about July 1 , 1947 , the City leased to the Golf Club for a term of twenty-five (25) years the real property de- scribed in Exhibit "C" attached hereto and identified as Parcel 47 on Exhibit "B" attached hereto , which real property is here- inafter referred to as "Parcel 47 " . Said Lease has been renewed and/or extended on several occasions since the date of the ori- ginal Lease , the most recent version of which was a Lease Agree- ment between the City and the Golf Club dated April 10 , 1972 , which Lease is due to expire on June 30 , 1987 , and is hereinaf- ter referred to as the " 1987 Lease" . • C . The City now desires to amend the 99 Year Lease in order to have that portion of Parcel 30 which is described in Exhibit "D" attached hereto and identified as Parcel A on Exhibit "B" attached hereto, which portion is hereinafter re- ferred to as "Parcel A" , released to the city for redevelopment purposes . D . The Golf Club is willing to so amend the 99 Year Lease provided that the City will amend the 1987 Lease to extend the term of said Lease so that it will expire on October 31 , 2043 , concurrently with the 99 Year Lease. NOW, THEREFORE, it is hereby agreed as follows : 1 . Concurrently with the execution of this Agreement , the City and the Golf Club shall execute an Agreement amending the 99 Year Lease in the form of Exhibit "E" attached hereto. 2 . Concurrently with the execution of this Agreement, the Citv and the Golf Club shall execute an Agreement amending the 1987 Lease in the form of Exhibit "F" attached hereto. 3 . By execution of this Agreement , the City warrants to the Golf Club that the execution by Golf Club of the Agreement amending the 99 Year Lease is in full compliance ;with applicable provisions of the Subdivision Map Act of the State of California and the City agrees to take whatever action , if any , is required to ensure and verify such compliance. 2 4 . This Agreement may be amended at any time and from time to time , but any amendment must be in writing and signed by all parties hereto. S . This Agreement and the rights hereunder may not be assigned or delegated by either party without the prior written consent of the other and any such attempted assignment or dele- gation shall be void. 6 . In the event of any litigation concerning this Agree- ment or the rights and duties created hereby, the prevailing party in such litigation shall be entitled to an award of rea- sonable attorneys ' fees in addition to any other relief that may be awarded. 7 . The captions or headings of paragraphs , if any, in this Agreement are for convenience only and are not to be inter- preted as controlling, or affecting the subject matter contained thereunder. 8 . The parties hereto agree to execute and deliver such other documents and perform such other and further acts as shall be necessary to effectuate the purpose of this Agreement. 9 . This Agreement constitutes the entire agreement among the parties and supersedes any prior agreement or understanding among them, and it may not be modified or amended in any manner other than as set forth herein. -3- i 10 . This Agreement is executed and intended to be perform- ed in the State of California , and the laws of that State shall govern its interpretation and effect. i 11 . In the event that any provision of this Agreement shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agree- ment. 12 . Subject to the provisions contained herein, this Agreement shall be binding upon and inure to the benefit of the heirs , executors , administrators , successors and assigns of the respective parties hereto. IN WITNESS WHEREOF , the parties have set their hands and seals hereto and thereby made this Agreement effective as of the day and year first above written. THE O'DONNELL GOLF CLUB , THE CITY OF PALM SPRINGS , a California corporation a municipal corporation � . By: B — ANK BOGERT President Mayor �� f / ( (-J DITH SUMICH Secretary City Clerk APPROVED BY THE CITY COUNCIL byRES. NO. y'qf(, -4- STATE OF CALIFORNIA ) ss . COUNTY OF RIVERSIDE ) On 1983 , before me , a Notary Public in and for said State , personally appeared FRANK BOGERT, Mayor and JUDITH SUMICH, City Clerk personally known to me proved to me on the basis of satisfactory evidence to be the persons who executed the within instrument as Mayor and City Clerk of the City of Palm Springs and acknowledged to me that said City executed same . WITNESS my hand and official seal . STATE OF CALIFORNIA ) ss . COUNTY OF RIVERSIDE ) On � � arlrh,.` fir/ 3983, before me , a Notary Public in and for said Sta7 e personally appeared personally known to me proved to me on the basis of satisfactory evidence to be the persons who executed the within instrument as Presi- dent and Secretary, respectively, on behalf of the Corporation therein named and acknowledged to me that. said Corporation executed the same . WITNESS my hand and official seal. 2 " .ri v en Ti'VJvw'267iMd RiuV.hJ+uu6.r'.Y'n.OaAV\/'. OFFICIAL SEAL E. MARIE SNYDLR pp -tar_:fG�r' G - J�2Za e e- f /4.c-/CC.S✓f `'Gae ..c!' ,�17 NOTARY PUBLIC CAL"ORNIA '- ? �¢. NOTARY BOND fILC-U IN RIVERSIDE COUNTY - -My_(',UIYIT'Sai011 Expires AuUust 27, 1985 EXHIBIT "A" P—RCEL 1 :That portion of Lot 1, of a Re-subdivision of a portion of Blocks 10, 13, 30 and all of Blocks 11 .and 12, Palm Springs , as shown on a :yap on file in took 18 at page 50 thereof, Records of the Recorder ' s Office of Riverside County, California, and that portion of A1e,jo Road, now vacated, described es , fdllor:s : Beginning at a point on the North line of Section 15, Township 4 South, Range g East, S .B.B.N 11. , which bears , N .09 4Y E. , a distanco of 253, 72 feet from the one-quarter section corner on the North line ; of said Section 15; Thence N .g9045'E . , along the said section line ,• a distance of 415 feet; Thence S . 410451E. ) s distance of 44. 52 feet , to a point on the worth lire of said Lot 1; - Thence N.290501E. , along the Borth lire of said Lot 1 , a distance of 31 .18 feet , to the East line of a 16 foot easement for a roadway; Thence S . 0001VE . , along the Easterly line of said 16 foot ea e=.ent, a distance of 5.64 feet ; Thence S - 51058 % , along thy ass Lerly line Of said. 16 foot easement , a distance of 60.02 feet; . Thence 1r. 290OM. , and parallel with -she Hor h line Of said Section 15 , a distance of 1127 .27 feet, to a point on the East line of said Let 1; Thence S . 00008 ' ' . , along the East line of said Lot 10 a distance Of 1720.60 feet, to the Southeast corner of said Lot 1, Thence S .c90501 . , along the South line of said Lot 1, a distance o1 733. 74 feet, VO the masterly line Of the said 10 foot eesement; Thence N .—"VIIQW . , along the Easterly line of the Said 16 foot easement, a distance Of 30. 27 feet ; . t Thence ?'1 . 560�� � 00 S. , c.lOn�] ^e Easterly �erly 11n0 0f the said -IS foot easement , a distance Of 192 . 15 feet ' e Thence N . 04e03 J0M , along the Easterly line of the said 16 foot easement , a distance Of 601 . 68 feet; Thence 1 . 27o5S1 . , along. the Easterly line of the Said 16 foot easement , a distance of 217 . 06 feet; Page 1 Of 3 EXHIBIT "A" 'hnence S . 65°05111. , a distance of 73 feet ; Tnence a distance of 156 feet ; Thence 14 .550581301 '17- a distance of 188.7,1 feet ; _^hence 11 . 1311-01'17. , a distance of 201 .87 feet ; hence S .86°3213011'11. , a distenco of 97 .50 feet; I Thence 11.770281301117. , a distance of 137 .79 feet; Thence S .800091W. , a distance of 151 .31 feet ; _'hence h'.62°18 ''K. , a distance of 65. 57 feet ; Lnence 11.430031'N. , a distance of 137 .15 feet; I '!'hence S .B802211Y. , a distance of 150. 67 feet . Thence h'. OS°23 "N. , a distance of 86 feet ; ence 17 . 190311E. , a distance of 180 feet to the point of beginning. The above descr''Ded -raCt of laird cC'noalns 33. 16 acres , -.Ore or less , ,eserving aT]C excepting therefrom a -prcel of land S iJ_te en ( 10 ) feet in 1',id th, the Centerline Of 1'1ni Ch Sixteen ( 16 ) foot parcel is described as follo,vs : Beginning at a point on the Icorth line of said Lot 1 , v.,),ich bears S . 59°5017" . , a distance of 1175,55 feet fro; the 1�ortheast corner of said Lot 1; =hence S . 00°171E. , 2 distance of 8 .91 feet ; Thence S . 41°58' E. , a d'szance of 567 . 31 feet; -ence S . 27055 ' -. , 2 d'StF�7Ce Of ::35 .91 feet . 7'L, C L 2 : —mat re2_1 Dr Opertj' in `Uhs C'_" Ly Of Palms Spring., , Co-ant—, Of Riverside , State of 'California, described as '01101is I Beginn'_Lng at a point on the South line of Section 10, ^C'. nship C SOyth, RanTe d iast , 8 . 8.3. k 1: . , frG � • which th ert section Corner between Sections '' 10 and 15, To,% nshiD t South, Rance G East, .S .B.B.L IQ' . ) f bears S . S91)59117. 1 a distance of 203 . 64 feet ; f i Page 2 of 3 0 Thence ? •29 5O17- 3 alonS the South line Of snid Sect'_on 10, a distanco of 159 .6 feet to the South;;est corner of the PaLI Sprir,�s Cer,:e'cpry, on rile in liap Roo'= 16, pace 39 , Records of Riverside County, California; Thence h.00°OS1EI. , along the Vlest boundary of said ` Palm Springs Cemetery, a distance of 2t0.23 feet; Thence lv.l5°151E . , along thq ,Vlest boundary of said ?a1 Springs Cemetery, e distance of 8 .65 feet , to the Northarest corner of said Pelm Springs Cemetery, being also the South line of Chino Avenue ; Thence S .290511 :5ollw. , along the South line of Chino :.venue a distance Of 17 .62 feet; Thence N -000081W . , a distance of 25.30, feet ; Thence . S .35°51130'1W- : a distance of 176 .76 feet; `hence S .17°121W. , a distance of 137 . 55 feet to the point of oeginninb. The above described tract Of land contains 0.63 acres more or less ; L nap Of said Parcels 1 and 2 being hereto au ached and rar}.ed' it :." , and by this reference made a part hereof. Reserving and excepting therefrom a parcel of land t_^.irty � 30) feet in liidth alOnG the 1'705ter1y DOundary Of said =a^gel 2 , CG_' _IenCirig at =�a On Road, which said parcel of land LJ is nC. L'se❑ as a rcad�7ay . Also Sa'Jin67 ei:CEv�t.:g aP.❑ reS6rvinE, tC I •cSSp:' �Lv - tih-L 'Lo use said entire parcel of land jointly th Lessee , such use to be joint and equal in Lessor and Lesse PA?CAL 3 : —ny t real LT°Uer U7. '_n t_ne Coachella valley COun ty Plater District , Palm Strings Pol ce Protection District, Cc.an_ Of j-pigergide , State Of CalifOrniC, described as hat pOrtiOn Of the ;;ortneast cuarter c1 4) Of of SEC��,i On 'Ten ( 10) in TC.`.ns_ni.J Your (4 ) SO'uth, nan[;e =Cum ( ,I ) tact , San _^.ePn aPd.no _ase and 1.EriC��_an , by `_'ales and bounds C O:,-,e tic_ng at trig J�or'Li:esst CCP1le]' Of sei0 SCCi,ipn O; 'lest , throw lnindrod fifty-thrno L:nonpE South S9°511 and no hundredths ( 35b.00) feet to the centerline of Co•snty HiEhway ; thence South on the cc ntorlino of the County P `_.i ^,cE n y seven n-andred ad thirteen hund^Edth_s ( 700. 13) feet ; thence South 89°501 !'Est, l nir�.7 ( 30) Ieet to ne i,rlle po nt Of he F(f' nn' T G; h South S9°50' ilest t'70 hundred five and thence i ei my-EiERt Mlncl T_'edt.^5 12O5.2S) fee t ; then CB South OC�_01 ?ast , ;o h'andr'ed eleven and eighty-eight 1; ( 211 .28) fe6t ; t�,^.enCC Ort?7 29°OO1 ` 03 u , o 'andred five and thirty hundredths ( 205.30) feet L ;,.Ore or less to the erestErly line of said Count; rich- 7 ay ] thence I orth on said V. esterl7 line Of the Count- ele en and el`_?�`-E1 :�'7t -^unQL^EdtPS -C O . _ , ^ _E : . ='E _ �_ .. ' -_`:''_ Pe e 3 1)ELANnn No Fy.' J'A LN I CANYON Dn x Z o co m .d o x 0: r m m td ^ L H r-� o o H O N Hh m m o cn = H' m to Obq —I m G �r m ul N. PALM CANYON DR. vi BELARDO AVE. � � o r r� r s LEGAL DESCRIPTION FOR PARCEL "A", EXHIBIT "B" That portion of Lot 1 of the amended map of a resubdivision of a portion of Blocks 10, 13, 30 and all of Blocks 11 and 12, Palm Springs, according to map thereof recorded in Book 18, Page 50 of Maps, Records of Riverside County, California, described as follows: Beginning at the Southeast corner of said Lot 1; thence South 89' 50' 25" West (record South 89' 50' West) along the Southerly line of said Lot 1, a distance of 75.00 feet; thence Northeasterly to a point on the East line of said Lot 1, distant thereon North 0° 08' 00" West, 75.00 feet from the South- east corner of said Lot 1; thence South 0° 08' 00" East, along said Easterly line, a distance of 75.00 feet to the Point of Beginning. EXHIBIT "C" A e t'1 land p of a pnroz L-r tc 1p 50 feet In ridt;:, lying, lr:od la to lc So•airtrlp of Alefo Aar.c, `00 of Selurdc "rnd and Zr-at of the 16 foot enec-. nt for road vraT1 I Ln tha City of ie.L+c LTr•lr.;•s, L'o_r;ty of Flvnrsldtl, State of Celifornis, enri do+cribod cs follox'nt 7+ t ;ortlon of Lot 1 of t'•+c fin-t)nbdlvision of a ' iVtlnn of Aloolca 10, lS end 30 an^_ ell -f P]�nUo 11 cad 1;' of i'r.lo� n rin1a, co P'•.inn Ly :'n1, •rn file in Pock 1p, f' of "^•�e, rmc--^ n -,t :'1v^rnSde t:�•r![y, 6a11fernio, �nrt:r.+rinrlp deeeri'.:d >`� rollcret coa.enoln4. at a point on the :iorth line of Sectlon 15, /b-ns'iip 4 °oath, A.anro 4 $rzt, San S,n rr.nrd tno neso ,i ar•d : eridtar, whtch,bcnrs ` zrth ^Do 43' r,at, 25,9.7' feet from the gcnrttr necti,n cornrr ',n. tl�e t:orth line ^l Paid �tctinn 15; Thonct N-rth 090 4V East nlon!t tha North line of Meld Seotlon, 415 feet; 71:nnnn S,ttth 410 451 Fnst, 44.52 fort to a point on the t:orth line of ssid Lot 1; , nnr.e Part nlonr the t'c.-t.1; 147,^ _f cat;i L t 1, S1.IF feet for f.n p�lnt of berinnl::-; r^ 1,1 r,�int b^In'• -:n the A Eeat 11re -'r a 15 font err-n.ont. _ •;r a rcmdFn-;; Thence South 00 179 Eaet nl7nE, the Eaatnrly, line of C said 16 foot oaan.-cnt, 5.64; .honoc 5-uth 410 531 Enat nl -r.- t^n F.nctnrlT lint of said 16 fr.t Waco-ant, 60.07 foot; - - - - - nn^.t i( th "90 431 T", t rol 10.1 pith rho ?l,r th line of neld .'.cotton 15, 1127.7'7 Pcot to ❑ P.,ir+t ,r. Lhn EAat lir•o of paid Lot 1; Thance F=th Co eat 21',nr t1:e F-.a�t lino ^f a¢Sd T.at ?. 50 far.r,, nro cr ?car, to iho �•+r t' an.t c^,rant :ool; 1'*:once Gnu t^ n7o 43 ',•est p1-r, tho Cart' cr'- 11no of cald Lot 1, to tho p-Int: +f bn Snnlnl, tonctl�-, :+1 t'- rho !.-pr':vc-:nntr slt'mtrd t nr ^n nn6 trio ptpn 11noa, xa`.or and 3rrippticn e;;lrncnt lrcrtarl t',-rcon snd EXHIBIT "D" LEGAL DESCRIPTION FOR PARCEL "A", EXHIBIT "B" That portion of Lot 1 of the amended map of a resubdivision of a portion of Blocks 10, 13, 30 and all of Blocks 11 and 12, Palm Springs, according to map thereof recorded in Book 18, Page 50 of Maps, Records of Riverside County, California, described as follows: Beginning at the Southeast corner of said Lot 1; thence South 89' 50' 25" West (record South 89' 50' West) along the Southerly line of said Lot 1, a distance of 75.00 feet; thence Northeasterly .to a point on the East line of said Lot 1 , distant thereon North 0° 08' 00" West, 75.00 feet from the South- east corner of said Lot 1; thence South 0° 08' 00" East, along said Easterly line, a distance of 75.00 feet to the Point of Beginning. --------- - - EXHIBIT PARCEL That portion of Lot 11 of Q t�iE-allvd.i.•'_� siOn of a portion of BlocKs 10, 13, 50 and all of Blocks 11 and l2 , Palm Springs , as shown on a map on file in BcoU 1B at page 50 thereof, Records of the Recorder ' s Office of Riverside County, California, and that portion of plejo Road , now vacated, described as , follows Beginning at a point on the North line of Section 15, Township 4 South, Range 4 Eaat, S .B.B,b )S. , which bearn , Wyown, , a distance cf 20 ,72 feet fro: the Cne -ollarter section Corner on the Fortl line Of Said Section 15; Thence 1d.000�3 E. , along the said section line ,. a distance of 415 feet; Thence S . 41OW E ' , a. distance of 44 . 52 feet, to a point on the ) crtn lino of said mot l; ?n":enca 1"E90501 . , along the 1,crt_n lire of said Lou 1 , a distanoe of 31 . 32 foet , to the East line of a 16 foot ease-:ant for a roadv,ay; Thence S . 000170 alonh the L'astor ly line of said 16 foot easenentj a distance o1 5.0 foot ; i Thence S . �10580 . , Glong the Easterly line of said 16 foot eaoer..ent , a distance of 60 .02 feet ; T'PEnce M891431 A . , and parallel with the Loath line of said Section 15, a distance of 1127 .27 feet , to a point an the Bast line of said. Wt 1; Thence S . 001080 . , along the East line of said Lot 1 , a distance Of 1720.50 feet , to tine Southeast • corner of said L.ot lj Thence S . E20501W. , along the South line Of said J l7V 1 a distance of KIM feet, to the masterly line of the said 15 _ Cot ease :Ent; `_' ,hence 31,4501l130" . , along the Easterly line Of the Said 15 foot 2a5 E`.':ems o, a distance Of 50. 27 feet . rnence )v . 55034130 E. , along the Easterly line of he Wd 16 _Got Ea`. emenb , a distance of 122. 15 feet ; Y 1^.Ease 1 , 0i'003130"E. , along the Eaete_ly- line Of the said 16 foot easement , a distance of 571 , 58 feetj Nonce 11. 270551i1 . , along, the Easterly line of the said l5 foot EaS Ci.:Ent , a distance O-i 2/7 . O�J feet ; Faze - I EXHIBIT "E-1" ThEI)CO 5 , 65°O5 ' 'il . , a diStCnce Of 73 feet ; Thence c 035tLnCE Or 150 feet ; Thence ? . 55058130ll a distance of ju-B.72 feat ;' rr_ence ]d . 13°S0 'i' . , a aistance of 201 .S7 feet ; Thence S .S6°32130"',Y. , a distanco of 97 . 40 feet; Thence h' .77°28130"1Y . , a aistance of 137 .79 feet; S °-Thence G°0917" . , a distance of 151 .31 f-Et ; _!hence i'i. 62018 '11'. , a di 5Tance Ga 65 . 57 feet ; hence 1 '77. , e. distance of 137 . 15 feet; TT)_en, ce S . BB°22 ' 7 . , a ois -.ance of 150, 67 feet; Thence ?+' . OS°23 ",Y a distance Cf 66 feet ; Then'- - . 190 1 a CiStance Of ' 1SO fEEL tC the v o''_Lnz Cf b e, CzL ni n`� 1_^P, _°O'•:- CE SC__ ..nG � _ c .,C Of 1a C; -C^ic_i:s JJ. 10 Wiese_-VI_-:E andF TE'_Iccl Of I E;;Q Sixteen ( 16 ) feat in r,iath the cEnte_11ne °f which Si;-.-teen ( 16 ) foot parcel is descr_'eed as fo110 s : Ee -J_• nnirz at a point on the ?forth line Of said To- 1 , v.-h_C_'']. -ears 5 . 09°50� ri , E C_sCan,CC Of 1 (5,35 feet -ro,, Ti corer Of said LOL 1; ThE":'Ce S . 0001'l � �. , a �Ls tan'Ce Of 0 . 91 feet ; Thence 5 . �1°5S ' � _stan°e o_ 557 . 31 =eat; i E' CE S - . , c C'15 L:_iCE O_ PC-^CEL 2 : mat _ eal V1 ocV_ 1.. �'.-�G C, v� C_ a cli1 SDiinclF , '� ^� _ " cJdoC e Of I-a-, __ Orn--a GESC: _CEL+ as pl low5 i Le :'_' nnJ_' n6 at a Joint on the S°L;t.'1 Tina Of SEC On • 1O TC'.;P_njD L So''-: '.anise L .ac i• , C . O . S. �_ 'M :ShiC:h the O%e-°Liam er � e Cti Gn CO. °E t'.Ye E;7 SEC tiGnS 1G c-n l .C.. _C71P,s-^•;_D LS c-.--1,h Rai)ze `.a5u , 5 . .7 . U' . '�: )� , OEc=S S . SS°o9 lt� a distance of 20J . " fEet ; _'- e -CE 11 . 0c°jCl � a C`i�; �:^.9 CcD-a t e Cf °fl'1C n. O, a Cis tan CO Of 1�'� . 6 feet t0 t.:E SOIL tJ:;lEJt _ _n - CCr ^ Er 0= `�:^.e - C�� S-.D—n-s C em e'G or y, on "Lie in 1�ti CD 70C_ j , Do CE JO, Ile Coa�s Of �'='rez 5'-1C:e CO'GI�-, CE1 for 2; Thence N . 000081E . , along the 'nest bounda} of said ?C1= Springs Ce-mete y, a d`_' stance of 2,�0 .85 feet; Thence ?' . 15°151E. , along tho ,Yest boundary of said L _ al.':1 Springs Ce_'e terJ , a Ci S UanCO Of 8 . 6J _ EE V , LO 'ChB :OrC:r?7;e5v COrnEr Of Said = -!,I SDr'!ns5 CESi;E ter)", De'1n6 alc° t:^.E South line of CIIa_no Avemue ; " Thence S . C5o511 JO�� di. , 210ng the South line of Chino enL'e a diS U L CB Of 17 .62 re_ Ems, Thence N .00°03'15 . , a distance of 25 .59 feet ; Thence S .55°51 ' 30 +'. , P- cist ancE of 176 .76 feet; Thence S . 17°12 1". , a cistancs Cf 157 .55 feet to t: -e DCint of besinnir,g. The above described tract oflland contains 0 . 65 acres sore or less ; L L a maD Cf sa:C parcels 1 and 2 uEing here Lo P--uu ed and MP-r);ed 1-- - ' t -, , "EfEr En CO -made 2 part hereof . _iESEr":ins and thEr'Eiro-n a parcel of land ter. -U:^`- 'i�CSt�Eily DOLn cLai'y of said . a_' CE1 2 , CO.—e`1C�ii:C at FazGi� Sa_G D.cr CE1 G' lai7C -- Sea as arcs-' �._IcC cc'� _i;�, °.... --E F rES E h �0 'use Sa_� E parcel O_ land �O1n.U-, Lessee , such ',se, to 'De and equal In ! ss0= and 1,5SSa pe_r,CI 5 ; 1^2D real L'r ODerZy In -i.:^E Coachella VL11Ey CO1an T.j 11'E,�Er JiS �r"iC-u, =a1L1 S%rinCs ?C1iCe ?r0-i,EC-tCOi1 DiSL_iGtL. . •-t ' �'_' 'JErSiCE Sta '� e Of Ca1i'OrniC , QES Crib Ed an : 1 rCr ul On Of ALE l�Ci-T.•EC° � G'uar� ET /� -�\=4 � O_ ( C •^ -.�.-- r � L� .:.asp , San IOu-• 1L � vC'�: - , - cilVe CCc ' DO'LInCS r co7FJ-,enCin� et the iicr '(r:z_st ccr ,or c.: _ r.ic cr,r._on 10 ; ^C'O n '1'iGst . 'G 1':TCO �111nlir C(2 fi_t�-i.)1Tn0 t:Fence South c 5_ Gild AL'%d Edths ( : ,3- - • CO) =EOt t0 n0 t!�0 re-n'OrlinO Or E CC'lnty .^:ice-1\'�a-V T.'ne ce SCu Uri On C.— cen-uo=1in0 C_' e Coo n [ T,� .'i !^.'�;C- sE':er! h,,'-,I - - Cild ti. .^.i rLi,EEn th _ ( r e S d 60°oO li'est . Qr EQIoIIS ` l LO. 1JI 10E u : C - 10) icet t0 -i.1 tide 'vOint Of DEfi'_' nnjDgi v.^_enc`_ So-Lith vC0501 1ies� {7 " 0 .^.�=i:CrEC 11::e and `:,,r✓_ei 'nt ;nundrE C-Uhs 12Cs.Cs� feet ; t'h n c e SD'a fl Ve . a E' 'n��-ei E-Ou CO 01 ..aSt 7 _- l ` 5tr - a 1:-,) hs 88) f eet ; O , i h':_'i;Q_''EQt.^_s ( 205. ,0) fee,� -o z er less to theline C_ s2._d County E�_ _{ Elm O m JI � nc�nnno nn. � —� F- (n rn � D t� r nt m cjn r m (D N 0 N u, —I Hi m n' m r*m W G U) VI o N, PALM CANYON DR. T— HELARDO AVC. 0 EXHIBIT "E-3" LEGAL DESCRIPTION FOR PARCEL "A" , EXHIBIT "B" That portion of Lot 1 of the amended map of a resubdivision of a portion of Blocks 10, 13, 30 and all of Blocks 11 and 12, Palm Springs , according to map thereof recorded in Book 18, Page 50 of Naps, Records of Riverside County, California, described as follows: i Beginning at the Southeast corner of said Lot 1; thence South 89' 50' 25" West (record South 89' 50' West) along the Southerly line of said Lot 1, a distance of 75.00 feet; thence Northeasterly .to a point on the East line of said Lot 1 , distant thereon North 0° 08' 00" West, 75.00 feet from the South- east corner of said Lot 1; thence South 0° 08 ' 00" East, along said Easterly line , a distance of 75.00 feet to the Point of Beginning. EXHIBIT "E" AGREEMENT AMENDING 99 YEAR LEASE THIS AGREEMENT is made this day of 1983 , by and between O ' DONNELL GOLF CLUB, a California corporation, hereinafter referred to as the "Golf Club" , and the CITY OF PALM I SPRINGS , a municipal corporation, hereinafter referred to as the E "City" , with reference to the following facts : i A. On or about December 26 , 1944 , Thomas A. O' Donnell , hereinafter referred to as "O' Donnell" , leased to the Golf Club, for a period of ninety-nine (99) years , the real property legal- ly described in Exhibit "E-1 " attached hereto and identified as Parcel 30 on Exhibit "E-2" attached hereto , which real property is hereinafter referred to as "Parcel 30" . On or about December 27 , 1944 , O' Donnell deeded Parcel 30 to the .City, subject to said ninety-nine (99 ) year Lease , and the City thereby became the lessor under said Lease , which Lease is hereinafter referred to as the "99 Year Lease" . B . The City and the Golf Club now desire to amend said 99 Year Lease in the manner set forth herein.. NOW, THEREFORE, it is hereby agreed that the 99 Year Lease is amended as follows : That portion of Parcel 30 which is de- scribed in Exhibit "E-3" attached hereto and identified as Parcel "A" on Exhibit "E-2" attached hereto is hereby released to the City and is no longer subject to the 99 Year Lease . In all other respects the 99 Year Lease shall remain valid and binding and in full force and effect as originally written. IN WITNESS WHEREOF, the parties have set their hands and seals hereto and thereby made this Agreement effective as of the day and year first above written. THE O' DONNELL GOLF CLUB , THE CITY OF PALM SPRINGS , a California corporation a municipal corporation By. %U/ �j .. / B . FR,NK BOGnRT PrLIt Mayor BY- By: JUDITH SUMICH Secretary City Clerk STATE OF CALIFORNIA ) ss . COUNTY OF RIVERSIDE ) On 1983 , before me , a Notary Public in and for said State , personally appeared FRAN-K BOGERT , Mayor and JUDITH SUMICH , City Clerk / ( personally b.nown to me proved to me on the basis of satisfactory evidence to be the persons who executed the within instrument as Mayor and City Clerk of the City of Palm Springs and acknowledged to me that said City executed same . WITNESS my hand and official seal . -2- STATE OF CALIFORNIA ) ss . COUNTY OF RIVERSIDE ) On 19:8=27, before me , a Notary Public in and for 16aid Stake personally appeared personally known to me / I proved to me on the basis of satisfactory evidence to be the persons who executed the within instrument as Presi- dent and Secretary, respectively , on behalf of the Corporation therein named and acknowledged to me that said Corporation executed the same . WITNESS my hand and official seal . 72Crir S o � ini /J2G/GC.c�/ri r� 1 r 1 DTP,!➢�' FUSLC CALILOR V A ppp )"dU`YY DOND WLD m - lilVEP3lDc COUNTY t w 66[13}II ]IOii 3 XPires August 77 7.9�1u f SFAL F� F. �,I F SN'YDER _ .. l } PUTAR! I C _ALH ORIVIA NOTATV 501D FILLS IN RIVOISME COUNTY MY c;Omminsion Enp[res August 27, 1995 a:�a'+.'•J>r\iwTrnaoe,+^�<.r.,.-,arYr+",,.+�^r.rve�.a: 1 3- EXHIBIT Pt?CEL 1 : _ That portion of Lot �, of a Re-s)2bdjvision of a Do,Uicn of B1oC'L:s 10, 13, 30 and all of Blocks 11 end 12 , Pala Springs , as Ehown on a nap on file in "Dock 18 at page 50 thereof, Records of the Recorder ' s Office of Riverside County, C21iforni2 r and gnat portion of ?.lejo Road, now vacated, described as foIIm s : Beginning at a point on the )Tcrth line of Section 15, To-ansh n e South , Range 4 Ea5t, S ,B .3.b )S• r bear`. , 2 di •:aPC^ Cf f'E: I: -oUar tEr SE Ct2Cn co_ner On t_^,5 >>'Orl - 1_ine of said Section 15; ' _hence N,09oZ-3'E . , along the said section line ,. a dist2_nce of ?--1S feet; ` Hence S . 41o451E . , a. distance Of 1-2 . 52 feet, t0 a on tune 1�orth line Of said Lot e r: CC f1 .S90 SO' . a1C-g the lire of Said Lot 1 , 2 Q1' StanCe Gf 31 . 3G foet , CO tr_e GE5-', line of a 15 foot ease;r.enL for E rc,)ad-,, Cay, -,rca 5 . 0001 % '� , aIcr -4.^e �.1c9LCr1j } _tie O� ' s2:C 16 OGt EE,ri .�,=:Ent, a (=.15tfl7,, CG C1 J. C, iEGt ; n-e 5 . 4105`2r , ClGng -L.�.B �25-ii,g�1j 1`1ne Of S Ei' G lE foot EaOe%,cnt , c ❑f an CE Of 60. 02 fEEt) 1:n.ence and parallel -ith t_-e Vczt'n e Of said. SeCt'_' on 15, a dista%Ce of 1127 .27 feet, LC c C_nL On U..e -c$ U I i nE C f a alQ L _, r,'cEnCe .C, . 00"05 '"— , 21G7-;% `- s a5t line Of sa Lot 1, a di-stance. of 1i20. 80 feet, tO the SvItheast • COr%er O_ Said Lot 1 ; V CCO '� 1 JC t.n 1 r EnCe C '' • , E C''.t L' _De Cf sEid Lot 1 a C15tanCe C_' 7 J . /L _Ea -i., t0 r'E EE er1 limo pf t_rE sa', d 10 _CCt e a S e`an t; TcenCe 1' .45011 JO 1E , 210 he =25 to r1Y 11n of th.-, said 1D 1COt Eas E.-En-o , a d_stanice of 30. 27 fee � ; • Easterly 1'ino o: E r n i c 'i e ' 1 C 1 r tLE EE_Q O C'CL EcSE �:_ut E Q_ .ytEi�CE OS 2 . C feet ; El crng the Ea a-terlp 11r:e of yhE cgiQ 16 fOCr. EESEiLE-:`� , G ai St EP. CE Of 071 . 6s feed Thence 2%055'` E10P.`. the 11ne Of the SEid 15 fOCt Ease%;Enu , a C-SvcnCe Of 2i`7 . 05 feet ; EYEMBIT "E-1" ?�iE1]CO S . 65°05J�i7 . , E distL'n C6 Of 73 fect,- 7ch en re 46033 30"".Y . , 2 Cis t E Of 156 feetu ; Thence 1i . 55°56 ' 30"'ii. , a distance of 18L .7� feet ;' I FrEnce N .13°t0PV7 a aistanca of 201 .S7 feet; aPnence S .S6°32130"19 . , a dis anco of 97 . 40 feet; 11 . Thence N.77°26l3011W. , a distance of 137 .79 feet; Thence S .SO°09r7i. , a a-5 tan C of 151 .31 felt ; pence ?i . 62°161.61 + ' a alsL L an o_ 65. ,,c /- : eez; nEnce li .43°031 •ir. , a distance of 157 . 15 feet; '!'rrence S .68°22IT% e distance of 150. 67 feet; rR Ence N,c),, V,. , a Ci st an ce Of 86 feet ; •• r^Ei:CE . 100.i1 c Si.cn Ce Of ICO f6E0 LO LPB point of beginning. CEsC="_,_E`_ � _ c ,.c Oi lci:C• CC'i:�c'_'n'S JJ. 10i / ESE.'J_'•J c-'G Ei:C °= w_ u^E?E'f_'0-J 2 =_PCC_ 0" -Era SiXLEEn ( 1G ) EEu in wi_6th, t h a Cente:line -a w*-i c_1 .SiXtE6 ] ( 16 ) fCOt parcel is described as fO110 +'s : 7EG;nniP.{ 8u E p0_Dt On APE )�CrLR lin6 Of s£+_❑ Lot 1';1''_' CR •Ce ears S . r^,90 :0D" , E CiS pan C3 Cf _� 175.JJ feat i^?'O r ;,_tea J\Cr LPEEst COr�Er O_ SEsC Lot 1 , T ,er• ce 5 . 00G1r ' � a stan'c of c . 91 -eet ; T'_nenCA C . GI °;jJ � , E s apcc. o :5'r . Jl _'EE-, I a`ls-LCSlCE Of 3.:C. .91 _ EEt . i ' I PA-CEL 2 : C'_• tY cf _ alp Sp. ' :, T a TES ^urOBEr .� -•+ L-:E �1 69 , CO'_nt; i Gf �'-' vErSi'CE .C.;.a�E Oi CLif Ori?:a , CESCri' JEC a5 011ows : i t P.7'_' 76 Et ° poi:, Cn LPE COi:LII Tina Of SE CLi' On • l0 `-C1i r J G 30L• t.^, .'i an �a L " Mich �_^.E Oi.e-°L'cr e Oe C�� Gn CO=:iE = 'ce' :een Sec Grs ] 0 a^,C l5, TC;Vnship L SzO'dt.^, ?an`e ',a5-L S .S.B. ' M •CEcrs QOC 501 )Y E c st an CE 0f 2C'3 • {� _��EEt � OD D017 2� G-,U �.^e vO U.LIl 1jne of Sn' , LnO 52 . feet L'iE Sol. L ..!::IBG � C GrnEr Of ii..^B -c�-1 57:j i.Gs cemel- c1�_r, on =ile {n Map .,OC_ 1S pa6e J9 , necc Of i-�ErSiLe CO•C7ty, CalifOinia; J Thence 1T . 00008i . , along the 17est boundary of said ` ?ate Springs Cenetery, a eistance of 240.83 feet; Thence 1\' . 15°15iE. , along tao '17est boundary of said t_RBSprings CE-Metery, a aiSt ;'OTO^' Est Corner Of said a1%! Sprin 6s CEa:e tEr}, being also „^ E SOV-Vn line Of C.^.t P.O lhEnCE S .29°51i50'l•�Y. , along the So'nLII lino of Chino :• enue a distance of 17 .52 r_ Eat; Thence N .00°03iW . , a distance of 25.59 feat ; ThEnce . 5 .55°51 ' S0"'tiY. , a distance of 176 .76 feet ; Thence S . 17°12 '1". , a distance of 157 . 55 feet to e o°int Of beginning. 1rE 2DOVe CBSCriDEC uiaC-L Of land contains 0. 63 2CTe9 Or less ; i a r;ap Of cai6 ?arcels 1 and 2 Ge1no- _hereLto E_ D LL^cCP.EC and 1i12r1:Ed EnC ' y LAjs rE en -M fer Ce aCe a Dart _-Ereofb ?Ecer-�ing 2nC Ey.cc-Dl G bherei�'0:7 a -parcel Of 1anG, .. _ C s �Er1� DO'2iCc:'y Or Sa_C( 5O) fee C 10, ` .. EnCir:; at C:a=-Gi7 .'�CaG, ^-C+`' sEaG, uErCEI of 1Ei7C� a rCEC\, c'� !' 1cG 5c•r_n 7, E:.CEG o_^C E .0 rESET-v_`'6 Da7-CEI Of land Oin`!7 :.O l:_cE sa -LO De joi 17 •� and eoi- _n !,= ssOr and LEssE r c—IL J : 'i n_ •� real DroDerty in the CGa CPCl1E VallleT COLntj •11 _ Er : s '�-+i C'U ' . ?2la S :inns Di ce IrO�e C-�1Ci] �_s�TiCu , c r Caorr,ie described as : IGCP.-.1 of C,1VErS _CE, S of 1 "o - ✓CT tl On Di theSA C;th EcisL G•u E: LE; -���4) Of u Ci = ECC =!0- 7e- ( lO) in rL ) V ,w_ ?,-7r. 0 G'cr =) LEsi• , San L f'r. 1'ErJ' Ci cn • Cy ,_c` as anC DO'Cn GS CGiii:'CnCli,(� L• L L.4E )�Ci i.f:C`SS -i. CCri10)' Of SCjO SOCtIon 10; �QO l •I'I00t , '�l':i'DU 1)1?i7UrOd f_• ft;j-t�)r,10 thence South C. 5_ fam nO hL'ilC:re6-uh9 � JJJ . 00) fEOt 7.0 T,1:•C CF�n;OrljnO of -Pe CC1n'L)' 'ni Fn\', aye `L!7 E`,CB SOLL.R On L."e CEn LDrlino _•r_e cOur,tj 'rji 'nl;" sE : En _ri L'n(lr Ea and t.^ir'teen -c lJ =cat ; hence Scut-: 89°501 14est , 1r�ndrEcths ( 7G0_ -� 1 _ � 50) • ) - �Oint of beg'' nning; 'Tn°, r�� iC e o� L.ee cco50' past ;D ^.�i:C=EC li% and eL E^-t ;^.•cnC?'ECL_ns 2C'D.2 ) - G0610' �ast , :0 ii n rEC, e. 1EVEn Eno E'_`.n�y-Ej � 1� h't:;?G.rEL-U- { 21l , SQ) "EELS ^EnCO �f 0= -: S9OGO' 1'!l:ndrEOU. ( 205. JO) fee-Q rn^e Gr lace tC -Lf:'E rly line Cf Sc._C CC).,:i]Dy !-`_'' E}?- I Miml, 1)U AIIIt0 nu. 1'A�pl -� f,A tlYOII Ofl, I • 1 J7 U l' T. V 7 n x � f*1 t" t O r m U r CIO m nI L o C (D, T V1 —I f'1 W V) bl O N, PALM CANYON DR. J `= D or_LnRDp nvC. 0 E)DiIBIT "E-3" LEGAL DESCRIPTION FOR PARCEL "A" , EXHIBIT "B" That portion of Lot 1 of the amended map of a resubdivision of a portion of Blocks 10, 13, 30 and all of Blocks 11 and 12, Palm Springs, according to map thereof recorded in Book 18, Pace 50 of Maps , Records of Riverside County, California , described as follows: Beginning at the Southeast corner of said Lot 1; thence South 89' 50' 25" West ( record South 89' 50' West) along the Southerly line of said Lot 1, a distance of 75.00 feet; thence Northeasterly .to a point on the East line of said Lot 1 , distant thereon North 00 08' 00" West, 75.00 feet from the South- east corner of said Lot 1; thence South 0° 08 ' 00" East, along said Easterly line , a distance of 75. 00 feet to the Point of Beginning. f 0 EXHIBIT "F" • AGREEMENT AMENDING 1987 LEASE THIS AGREEMENT is made this day of 1983 , by and between O' DONNELL GOLF CLUB, a California corporation, hereinafter referred to as the "Golf Club" , and the CITY OF PALM SPRINGS , a municipal corporation, hereinafter referred to as the "City" , with reference to the following facts : A. On or about July 1 , 1947 , the City leased to the Golf Club for a term of twenty-five (25) years the real property de- scribed in Exhibit "F-1 " attached hereto and identified as Par- eel 47 on Exhibit "F-2" attached hereto, which real property is hereinafter referred to as "Parcel 47 " . Said Lease has been re- newed and/or extended on several occasions since the date of the original Lease , the most recent version of which was a Lease Agreement between the City and the Golf Club dated April 10 , 1972 , which Lease is due to expire on June 30 , 1987 , and is hereinafter referred to as the " 1987 Lease" . C. The City and the Golf Club now desire to amend said 1981 Lease in the manner set forth herein. NOW, THEREFORE , it is hereby agreed that the 1987 Lease is amended as follows : The term of the 1987 Lease is hereby extended so that the Lease will not termin- ate , unless sooner terminated pursuant to any other provision of said Lease , until December 24 , 2043 i In all other respects the 1987 Lease shall remain valid and binding and in full force and effect as originally written. IN WITNESS WHEREOF, the parties have set their hands and seals hereto and thereby made this Agreement effective as of the day and year first above written. THE O ' DONNELL GOLF CLUB , THE CITY OF PALM SPRINGS , a California corporation a municipal corporation By : � lU� �/ -�� By : RANK B GE President Mayor By: /t�/I� r ,/ By: JUDITH SUMICH Secretary City Clerk STATE OF CALIFORNIA ) ss . COUNTY OF RIVERSIDE ) On 1983 , before me , a Notary Public in and for said State , personally appeared FRANK BOGERT , Mayor and JUDITH SUMICH , City Clerk personally known to me proved to me on the basis of satisfactory evidence to be the persons who executed the within instrument as Mayor and City Clerk of the City of Palm Springs and acknowledged to me that said City executed same . WITNESS my hand and official seal . -2- STATE OF CALIFORNIA ) ss . COUNTY OF RIVERSIDE ) � � J�o°1 On ;.' LGeti,�L:. 3-9-8�, before me, a Notary Public in and for staid Stal`e personally appeared ,��i�2C-n�E• YGLLE'c.' ���ae /2i/ personally known to me proved to me on the basis of satisfactory evidence to be the persons who executed the within instrument as Presi- dent and Secretary , respectively, on behalf of the Corporation therein named and acknowledged to me that said Corporation executed the same . WITNESS my hand and official _seal . ✓/dC"JLc G .CJ�2,L✓'G�G/2� � � �� L P'IAPZii. �R!tiDl_� NornRr rur,Llr..CAuror,NIA vY galji�j,r�� NOTARY BOND FILCD IN = ' RIVERSIDE COUNTY Y My g9n1Mj8,IM LXI*s August 27, jgV,5 EXHIBIT "F-1" A a-Ip of lend approzlrs t.I 50 feat in rldt`., 1p ing 1 T.ad ie to is So•.thtrlp of Ale 10 Ror.d, -cat of Sclardc f-�(l ,.nd Enst of t.hc 16 fezt enet^e nt for rued na-i In the Cltp of Ps)-- ^ir., s, L'car,ty ^f RS Tor ei?.o, State of CF1<f crnls, end doncribed ct follexal ^u.[ rnrt Ion of Lot 1 of tr,o Re-'dOd Sslal on of a i-,rtlnn of Ploolcm 10, 17, cnd bO xrd sll ^.r p7�^.!ro 11 cad 1%' of Tnl� - r;nrm, ae m�,n by :'np ^m f11^ in DoOk 1f,, Prrre ^,f --Pr, rrecr•'r -f :'l crrn!de Gr.t�tg, Csllfornis, fo,larr.i - C .--rnelnq at a point on the liorth line of Sectloa 15, To- shlp 4 `South, RAnrn 4 _-^v.t, fnn Porcnrd too onme ,i and "cr Sd Vnr, xi7l r.h,bents .Nor tb Don 4:,, r,gtt, 25P.7^ fact frcn tho oi:nrter eectl �n c,rner --n V,e 1;-•rth llns ^f anjd :�cctInn 1Sj T.)cn.cc N-r th 890 4Sd test nlonr, ,no North 1lnn of /. said Section, 415 fettp 3ltr rco wth 410 45' r.nmt, 44.52 feet to e i-�Snt on c the I:or cn lire of ssld Lot 1; ;,enne 7ant mono the Vera; l lrc - oa56 Let ?, 31.18 feet for t'.e n^int ^f bertnnln-• e^fii r-Int 6 East 11r• ^r a 16 fo t ear.n-tcr.t. .';r e r-mdsn'(j Th<nce South Go 171 Ea_vt nlcnr, the :astcrlY line of t said 16 fo^t a;.aercnt, S.E4j '!he nee `-:'.:th 41° SJ� Emmt nl ';+.^ t'`a Fa,[ter17 line of { meld 16 fn;t chncront, 60.02 foot) �r..vnlicl ^ .th t]to .'i-r th " -- - -- -- - line cf'neld .`•cation 13, 1127... f^ot 'n.,n f^trt 'n the East llro of raid Lot 11 Tftence F.w th 00 RO ' ent elr:.'. tt:c %.aft 1!ro rf } acid Tat 1 SC fact, lose, to t do r,50 ;31 _sL Pl-c: .:-'n ... . ^c^,; 11no of cold i,ot 1, to the P-int �+I- bn Snnirr, torat.',or nl t''. iho !-, ' .':c-nn. , elt-ntrd tie-ovn n^d tlxn ipn 11n,s, xa'.or mod 1rr 1pnilcn Arad an. I_ r n Z a� m 0 d N r po rg m r� c� m _I m o� 7 Ln o - N. PALM CANYON OR. UELAR00 AV[. :v 0 RESOLUTION NO. 14761 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AGREEMENT WITH THE O'DONNELL GOLF COURSE AUTHORIZING THE CONFORMANCE OF A FIFTY FOOT PARCEL OF LAND ON ALEJO ROAD WITH THE MASTER LEASE IN RELEASE FOR A SEVENTY-FIVE FOOT TRIANGULAR PARCEL ON THE SOUTHEAST CORNER OF THE GOLF COURSE FROM THE MASTER LEASE. WHEREAS a parcel of land was deeded to the City of Palm Springs in December of 1944 containing a 99 year lease with the O'Donnell Golf Club; and WHEREAS a second parcel of land, known as Parcel 47, adjoining aforementioned parcel was deeded to the City of Palm Springs in July of 1947 also containing a lease to the O'Donnell Golf Club now due to expire on June 30, 1987; acid WHEREAS the City of Palm Springs desires the O'Donnell Golf Club to release a triangular parcel of land from the lease which parcel is on the southeast corner of the Golf Course and has two sides which extend seventy-five feet f, om the triangle' s apex which is the southeasterly corner of the existing Golf Course property; and WHEREAS the Board of Directors of the O'Donnell Golf Club desire to bring t'ne "1987" parcel of land in conformance with the master lease, NOW THEREFORE BE IT RESOLVED that the City of Palm Springs hereby approves Agreement amendmentswith the O' Donnell Golf Club authorizing the conformance of a fifty foot parcel of land on Alejo Road with the Master Lease in release f)r a seventy-five foot triangular parcel on the southeast corner of the a.:lf course from the Master Lease. ADOPTED this 19th day of October 1983. AYES: Councilmembers Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ABSTAIN:Councilmembexs Doyle and Foster AAITEST: CITY OF PALM SPRINGS, CALIFORNIA EY s/J. Sumich s/Norman R. King City Clerk City Manager li'EVIEWED & APPROVED_y��� ? A LB, AS E AGREEMENT NO. 208 THIS LEASE, made In duplicate, at Palm Sprjsjg Riverside Cou,ity,, California: oil the day of 1944, 'by aind THOSo A, 01DOInTELLs a married may, individually, hereinafter referred to as "LF,9SOR11 AND THE O?DONHELL GOLF CLUB, a California Corporation, hereinafter referred to as "LESSEE", IWITIMSSETH: That the Lessor, in consideratioo of the rentals hereiij agreed to be paid by the Lessee, and the other covenants., con- ditions and agreemen't.-o herein agreed to be performed by the Lessee,, hereby leases to the Lessee, for its sole and exclusive use, and the Lessee hereby takes and accepts from said Lessor., all those orptain lots or parcels of real property situated in the City of Palm Springs, County of Riverside, State of California, described as follovis, to wit: PARCEL 1: That portioii of Lot 1,, of a Re-subdivision of a portion of Blocks 10., 132 30 and all of Blocks 11 and 1220 Pf41m S st prings, s shown on a map on file in Book IS at page 50 thereof, Records Of the Recorder. s Office of Riverside County, California, and that portion of AlGic, Road., now vacated,, de-jerlbed ay folllows * Beginning at a point on the Nor-lc;h line of Sectioa.j 1.51 Tovnyjohip 4 South, Range 1. East.. B.B,B*& M,., whlch bear.s, N.890431E*, a diatance of 213*172 feett from, the one-quartor section corner on the North line of said Section .15; Thence K*890431E., along the said. section lino;� a distance Of 415 feelb; Thence tS. 4-20452E., a distance of 44.52 feet, to a point on the North Iluno of said. Lot I- Thence X.890501E. , along the North line of said Lot I., a distance of 31-18 feet., to the East line of a 16 'Loot easement for a roadway: Thence $.00o:L171E. , along the Easterly line of said . 16 foot en-,semont a distance of 5*84 feet; Thence along the Easterly line of .jail. 16 foot easemer"'G, a distance of 60.02 fo(-',' ; Thence N.89043TH. , and parallel vvith the North line Of said Section 15, a distance of 112'7*27 feeti, to a point on the East line of said Lot 1;, Thezwe S.001081R. , along the East line of said Lot 1, a distance of 1720.80 feet, to the Southeast corner of said 'Lot 1; Thence 3*89050'Wo , along the South line of said Lot 11 a distance of 733#74 feet., to the Easterly line of the said 16 foot easement; Thence N.1115011tWfIE. , along the Easterly line of the said 16 :'Loot easement, a distance of 030.27 f 0 et-,- Tiaence N.5560341304°E. , along the Easterly line of the said 16 foot easement, a distance of 192.15 feet ; Thence N.04003130"Eo, along the Easterly line of the said. .1.6 foot OasOlneDt : a, distance of 671.68 feet-,, Thevwe N.27()55TVT. , along the Easterly line of the said. 16 foot easement , a distance of 277,0C) feet* -2- Thence S.650051W. p a distance of 73 feet; Thence NM033130"Wo, a distance of 156 feet; Thence W*55058130"W. , a distance of 188.71 feet; Thence N.13040M. , a distance of 201*37 feet; Thence S.8603240"Wo, a distance of 97.40 feet; Thence N.7702030"W. , a distance of 137.79 feet; Thence S.30009M. , a distance of 151*31 foot; Thence N*620180o, a distance of 65.57 feet; Thence KOVNO. , a distance of 137.15 feet; Thence-; S.080220. 1 a distance of 150*67 feet; Thence N-04023%, a distance of 86 feet; Thence N.19031%, a distance Of 180 feet to the point of beginning* The above described tract of land contains 33.16 acres, more or lasso Reserving and excepting therefrom a parcel of land Sixteen (16) feet in width, the centerline of which Sixteeil ( 16) foot parcel is described as follows ; Beginning at a point on the Worth line of said Lot 1, which bears 3.89150M. , a distance of 1175*35 feet from the Northeast corner of said Lot 1; Thence MOODY. , a distance of 8*91 feet ; Thence S.41058TE. , a distance of 567.51 feet; Thence S.270551E., a distance of 338.91 feet. PARCEL-2: That real property in the City of Palm Springs, County of Rivevsldef State of Baliforlia, described as follows ; Beginning at a point on the South line of Section 102 Township 4 South, Range A East, B.B,B,& M, , from -which the one-quarter section corner between Section-, 10 and 15, Township 4 South, Range 4 East, S.B.B& Mo., bears S&90591%, a distance of 203*64 feet; -3- Thence N.89 059eTia., along the SoL?•R;Yi lin© of said Section 10, a disttmce of 159.E feet -to the Southivest corner of tho Pahn Springs Cemetory, On file in Map Book; l8, page 39, Records of Riverside County.. Calif ornILa; Thence N.00008'E., along the West boundary of rald Palm Springs Cemetery, a distance of 240.83 feet; Thence N.150151R*. along the West boundary of said Palm SprinV, Ce-metery, a distance of 8.65 feet, -to the No' tb�wes'b 001"ne-0 0- y'cld Palm Springs C6-m6 ai,y, being also the South 1. ne of Chino Avenue; The-nee S.E903V30"IV. , along the South line of Chino Avenue a distance of 17.82 feet; Thence N.0000BY17.2 a distance of 25.39 feet; Thence S.35051^30"W., a, distance of 176.76 feet; Th.encc :S.170121W., a distance of 1317#55 feet ua the po°i'ot of beginnings The above described tract of land. co'ata.i*aq 0.630 acres more or less ; a map of said Parcels 1 and 2 being hereto attached and marlk-od " Exhibit A,° , and .by th.iu^ rf fereY C® iaade v. pa:rt hexeof. Reserving and. exceptJng therefrom a parcel of land. thirty ( 30) feet in width along the wosterly boundary of said Parcel 2, at Ramon .Road, inhioh said. parcel of land- is noiltr used as a roadtray, also saving, ewe-opting and reserving to Lessor the right to use Said entire parcel of land jointly with Lessee, such use to be joint and equal in lessor and Tessee. Pt%RUIEL 3: That real proparty in t'he Coachella; Valley County Water District, Palm 8rrings Police Protection District, County of Riverside, State of California., described as , That portion of the Northeast quarter (NEf) of the Northeast quarter (NEB) of Section Ten (10) in Tcyonsh.i.p Pour 4) :Sough, Range Pour (4) Fa^t, San Berna�.-dino Basc and Morid;i.a.n, by metes, and bounds commencing a5: the Northeast corner of said Section 10; tho'noe South. 890511 West, three hundred fifty-three and no huiadredtkts (353.00) feet to the centerline of the Couiiiby HighwaxT; thence Soutla on the centerline of the Coutaty Highway severs hundred and thirteen hundredths (700.13) feet; thence South, 39050' wesi., Thirty (30) feet tO the tr .P point of beginni.rag; thence Bouth 800501 Pest two hundred five and, el btynei.,ght hundredths ?205.B0) feet; thence South 00 10s r€i19 , tviro hundred eleven and eights -eight hundredths (211.80) feet; thence North 890501 Fast, two hundred five and thirty hundredths (205„30) feet more or less to the we<wterly lane of :said County High- way; they.ice North on said. Wlesterly line of the County Highway, two hundred eleven and eighty-eight hundredths (211.BOr feet more or less to the point of begirni.rg. Together mvIcth. Iiha ilnprovecneDtS, pipe 11r]OS, Water and irrigation equilp-went located on ,said Parcels, 1, 2 and 3, and Such pipe lines, water and irrigation eeiu:i,puwor�ia as, are used for the britiigi.ng of wate-r to 'the leasehold pa emises . Togethor with the water and water rifts appurtcmant to said laiid, Saving, reserving and excepting the «rater andt water r.ightias a.ppurteriant to or necessary for the irrigation and maintenance of that por'.rion of Lot 1 of a He-subda"..visi"on of a portion of Bloplks 100 13, 30 and all of Blocks 11 and 12, Palm Springs, as as not In. - eluded .'In the leasehold. premises e P4eservirig and exoe-pti,-ig to the Lessor the right to use said, pipe lines, water and irrigation equipment now located. on -the loo.Sehold premi.So7, and such pipe linos, water and irrigation equipment as are used for 'the bringfing of water to the leaseb.old prerd.ses or ti o Lessor ,q other proporty, such use of the pipe lines, water and other ir^rlgation equipment to be joint and M equa?. in Lessor and "Lessee. This lease is made for the term and upon the con- ditions, covenants and agreements hereinafter expressed, and said Lessor, for himself, his heirs, administrators, executors and assigns, and said Lessee, for itself, its ouccessors and assigtia , do hereby, x3es�a©c'ci.vely, agree to keep and perform each and all of the conditions, covenants and agreements h.oreinafter provided to be kept and performed by said Lessor and Lessee, respeo-Uively,, to +. ; TEMI The term of this lease shall commence on the 1st day of November, 19,14, and shall continue thereafter for a period of nisaety®nino (99) years, and ,shall end on the 31st day of October, 2043. -6� RENT `.!,°hey Lessee covenants any, agrees to pqV in lawful money of the United States of A.liler:l.ca to the Lessoz°, at the office of the Lessor in the 01ty ofoe, " 1'1 �✓ ��( .%Ifg/ Calif o=02 or in the event of the designation In writ., g by the Lessor of another place for such payment, at ,such place as may from time to time be so designated by himp or for the account of the Lessor, as rent for the demised promises during the said demised. term, the followIng sums ; ThL yearly rent or sum of TBREE TFOL7SAND 'DOLLARS Q.000<00) without any deduction or payment whatever, which rental shall be paid in advance in one (1) yearly installment, commencing on July 1, 1045, and thereafter on the first day of July in each and overy year during said demised test. Lessee qgieses to assume all of the cost and expense of maintaining the water system and water supply, including they 'payment of ..any and all assessments upon the wane;;: supply and/or water systeM2 and in this conneetioup Lessee agrees to indemnify and save harmless Lessor from any liability, expense, loss or costs arising from or by reason of the upkeep and maintenance once of this watep supply and water system herainabove referred to on the demised- promises w a^a USE OF PHE1.tTSES It is agreed by the parties hereto that the premise~ leased herein are to be used solely as a golf course.. and. for the operation and maintenance of a golf club and golf course by the Lessee , or for any other business cor=only incidental to the operation of a golf club or golf course and that Lessee shall not at any time erect thereon any durelling house or other bvild:irg, except a golf club house, caddy house, or pro shop, and other buildings for the use of the Club and golf course, and the members, gtyests and servants thereof. It is agreed that t"_ae Lessee may, in the operation of its club house and golf course, engage in the business of serving meals and drinks, either alcoh.olrc or ron-alcoholic, and the sale of golf clubs , golf balls and other articles of a similar 'oat-are that are used and sold in golf clubs in Southern Califo-vnia, for the comfort and conver.,ience of golf players, It is also agreed that Lessee may conduct dances and such other social functions as are commonly incldertal to the operation of a, golf club house. Ag., TAXES AND ASFSESSMENTS, ( 1) The }_e:1poi' covenants and agrees to 'pay and discharge. all taxes, assessments and levies of every kind, na.'Gu).'e `xt:3d desor:iption which may be at any time or from time to time during the 'tC)a:m of this lease charged, levied, assessed or imposed- upon: or against, or which shall be or may be or become a Mn upon, all op any part of the lot; and premises hereby leased* This covenant is In'teGi1' ed, to extend to all 'tenet, asse'ssmeSnio and levies by any taxing body, whether federal, state, county, city, d.istric 2 or any other subdivision, department,t111ent, or part thereof. The first county and municipal 'gasses to be paid by the Lessor hereunder, and. which taxes the Lessor agrees to par, shall be the :First half of such taxes for the fiscal year 1944— 1945 which, under the present system of taxation , will beaowe deli ngae:.:nt in December, 1944. CA The Lessee covenants and agrees to pay and discharge any corporation franchioe taxes on oorpora3.'tion license fee which may be levied upon or against it, and all lavi;a, .-ra.'tQB , duties,, tolls, imposts, license fees, of every kind and nature and description which may be at any time or fromtime to time during the term of this lease by or according to any low or government, legal, political, military or any authority whatsoever, 61reotly on indirectly, taxed, charged, levied, assessed or imposed against, or which shall be or may become a. lien upon this lease, or all or any part of the land and premises hereby leased., and any building, Improvements or structures now located or that may be hereafter located thereon, other than county and municipal takes hereWbefore referred to, which are to be paid by the Lessor. f the Lessor's expenditures which are required by th .,s article „ :'J.n any one fQ2.p of the lea s'c Oxcccd the rental, 'de7,i: ..i E:'•swoU hereby c1.g7.'L'L-'S to pay s'L"toh aCt CL:L''i '��C>'Ya 9,l amount as further rental for the.;, ,year upon demand. BUILDINGS The Lessee shall: at Its Own s4,est and e1pon:ss, keep and Aila7.'Cl'i,ain the building now si'Gi1C?,''l",ed tipo the prO?'.11s.-m, and any other buildings constructed upon the .i_onoed ppc isest and. all additions and improvements thereto, and all appurtenances., equipment, machinery, plumbing, water pipes, piping, Uv:l_ri'ng, roofing, =0 ;'l%.res ,, 'walls. fences, areas c1.nd pi Sle;sages" evil.rraco.0-- Ing the same ,and each and every 'part thereof, in a first class, ordea'ly, clean, safe and sanitary repair and condition , ordinary weal=° and tear excepted* The Lessee shall not remove any buildings on improvements f:s,'om the l_G2.6arJ-h.old property, ,IG'itA'l.out the written consent of the LoFJSOa',x TREM AND SHRUFBER''I Lessee shall, at its own os t and ospense, Veep: main-, talc, p:+'opev,l,y C36ire for, and replace when receasaar=y, F:Y,ll tress, Oleander bushes, or other shpubn which now sua.rro-ttrld the golf course, Irrespective of whether said trees, Oleander bush's,, or shrubs, be located on the property o:;: Lessor, property of Lessee, public streeQ, or prGIJB'l"iy of f1-, n 'third party, Mc, being the intent of the parties that th.o planting which now borders the golf couvrso, shall be so maintained and careTdfor by the aosee during the terns of t'h.a.s lease* FIRE INSURANCE The Lessee will tWough.out the term of this lease keep the building now upon the d.emisod promises, and any buildings replacing the present build .ng$ or any new buildings construMed upon the premises, and any- other a uipmont upon said premises, insured against loss or damage by fire in aD amount equal to at least 90% of the fall value or replacement cost thereof, whichever is greater, and will furnish such policies of insuxmice to the Lessor. The Beneficiary of such insurance is to be The O'Donnell Golf Club. �ll� i LIABILITY Lessee will pay and discharge all expenses, obliga— tions, claims, judgments and suits of every kiand and character accruing from and after the effective date of this lease In respect of the tenure, maintenance, opera— tion or use by the Lessee of the demised promises; includ— ing all loss, cost, damage or expense arising from or by reason of any act or accident causing injury or damage to any person or property whomsoever or whatsoevor, growing out of or it any way conneacted with the maintenance, use, or operation by the Lessee of the demised premises, end will protect and indemnify the Lessor against and from any loss, cost , damage or expense caused directly or indirectly by such maintenance, use or operation, and forever hold the Lessor harmless from and against the saute. Lessee shall throughout the term of this lease maNta°i;in and pay for general liability insurance in responsible companies lawfully doing business In the 'State of California, for the protection of the Lessor, and Lessee shall furnish the policies 'Thereof to the Lessor, such general liability Insurance to be in the amount of 050,000.00 for injuries to aay one person, and 1100,000.00 for injuries to mote than one person. Lessee shall carry any and all Workmen 's Compensation __---- Insuranco, or other Insurance, required by law upon its employaos. Lessee vN:4.V' I allow said Lessor to post on s,a ii, dcem mood promises , and will thereafter keep pasted hereon, the statutory notice of non-liability IoTf required iced by NectiCarl 1192 of the Code of Civil Proo -.''l9Jrc of the State of Califovnia, on any other notice that may _hereuI'l,°er be required or that has a siYA:Llc1v affect or for a similar purpose to protect said doTl?isod p UF3:?soo, against Keys . If the Lessee shall at any time be in default in the payment of any installment or installment: of the rentaaes hemin reserved., and such. default shall eontini e fog? ninety (90) days offer iwzuitten notice of such default has been given by the Lessor to the Lessee, then and in any such event the Lesso.v at, ox, at any tame after, the expiration of said ninety (00) e.ays -,rzay, at his option and without further notice or demand, terminate this lease, and all additions, alterations or improvements shall remain on said premises and be and rommin tho proper'sy of the Lesso# NOTICES Vfhensver notice, demand or communication is to be given to or made upon the Lessee, pursuant to the terms of this :Lease, it :shall be deemed sufficient for that purpose to mail such notice, demand or communication by United States registered mail, postage /thereon fully prepa"d addressed too Leas ee at 1 1�:J- 200 1".._ _._, a or to the hor eA 5 e�' ed preraise� kny notice, demand or communication to be given or made upon the Lessor, pursuant; to the terns of this lease, shall be deemed sufficient if mailed by United States registered mail, postage thereon :fully prepaid, addressed to Lessor at %✓ jC v ;i; BOh�it' Lessor or Lessee may change his or its address by notifying the other pa,rt;y I7n writing as to such new address as Lessor or Lessee may desire used, which shall continue as to the address until further written notice. �lb� 12RS2�, _±SSIZUS , ETC. Tt is agreed by and between the parties hereto that all the covenants, agreements, 000dit!Ols and undertakings in this lease contained shall evtood to and be binding upon the legal representatives, successors alld assigns of tho respective PaMos hereto, the same as if they were in OVOPY ease named and 4�,ard that the some shall be construed as OOVOMts running with the land, and whenever in this lease reference Is made to eithev of the parties hereto: it shall be held to include and apply to the legal POPYWOOtatives, successors and assigns of suGh party, the same as if in each and every case so onpressed, IfoGuring the term of thlo lease, the leaned Promises is conveyed to and that conveyance, accepted by a munisipa7, corporation , or other body pojitico that, upon such conveyance and THOB, A. 0WONNELL shall be relieved from performance of the provisions of this lease, and all liability hereunder* Tie Lessee shall not during the torm of tbl�-4 base: plant, plaao or install any toes , plants or abxWog that would obstj'm- �ict the Vl-ear In front of the ros I dan ce of Thoo o A. 0 7 Don nonowr located adjace-n'% to the leased premises, without first obtaining permission in writing from the owner of eaflcl re O'n c e Upon the termination of this lease either by lapse. of time or for any oche-aa cause, or by any other tl--j.e leased property, 11-ncluding irlprovemerlt"5, furkA)"Gurey eqi--tipment of all kinds, and personal property, rem a- ining'. if any, and including water and ivr.Igat,'.'*Lon equipment" shall revert to and becomq tho property of the Loosor, IN WITTTESS TTEREOF, the Legoor has hereunto set his haiid and sealj, and the Lessee has causlod Ita corporate waria and seal to be hl rey!,'nto affl.).,-ed by its daly authov-5.7od officers, U-1E) day and year first above written* 7 Thee:* A. O'Donraoll, LESSOR THE O'DONNELL G91,F CLUD dent ------------ r STATE OF CALIPO;NIA, ) sv. County of Riverside. ) On this d day o.: eQQyh , 194?2 before me, the undersigned, a nots!,ry piADI.lc in and for Said Qounty, personally appeared TI3OS. A. O'DONNELL, a, married man., known to me to be the ;(Jq;1son whose name is fal7.YJscribl"d to the within instrument, and acknowledged to vie that he erer'u ec. the same. WITNESS my hand and official seal. r Iotary P- bIic in and For (SEAL) County and ,``,Late. : STATE OIL CALIPORHIA, � ry 017'-nty of On this c�� day of 1944, before nee, the undersigned, a notary public in and for said County, pe.-c-son1 .ly appoare:d Lloyed Rilli<4moon, known to me to be the President, and Fred G. Ingram, known to ?sae to be the Secretary of TI3E O'DONTELL GOLF CLU3, the corporation that oxooniad the within instrument, and known to me to be the pop- sons who executed the within instrument on behalf of the corporation therein naimed, and ack'norarl.odgea to :me that suor corporation executed the same. :;OVITNES"�, my h.a,nd. and �oFfic;3al .>nal, rs: (SEAL) County and State, r{'��OLtiTI01C P:O . 1597 of the City Council of the C ity of Palm Springs acco,rtin� deed of gift from Thomas A. O 'Donnell - ?olf coi,rso property. Vi;EHEAS, T 01,M A. O 'Lvtd v'sLL has tendered to the City of Palm S'nrin7s a deed of r-ift dated December 27, 1944, covering the real property cornprisinr, the O'Donnell Golf Course situated in fire City of palm Sprinp-s. County of iverside, State of California, and more particularly described in said deed; and the said real property presently is subject to a lease by the said Grantor as Lessor in favor o£ the O 'Donnell Solf Club, a corporation, Lessee, which lease is dated December 26, 1944, with modifications dated December 26 and December 27, 1944, a true executed copy of which accompanied the said deed from Tir. O 'Donnell and has been filed with the City Clerk; and 6'i_.-T_Z LEAS, the said deed of ?__if t provides that the City of Paler_ Springs by acceptance thereof agrees that at the expiration or termination of said existing lease to the O 'Donnell C}olf Club the said real property shall at all times be kept and maintained by tine City of Palm Springs and its successors or assi,';ns as and for a public Bark or for other public purpos"s only; and :`EEREAS, the --aid deed of ift further provides that the City of Palm Sorin *,s agrees that during the term of said lease all rents, revenues and income of any nature re- ceived by the City under said lease or from the said property shall be used only and exclusively for public pur•toses, and there are no other conditions in said deed of -ift; and i"s` ER' AS, the said lease of December 26', 1944, as pros- ___ently amended, provides that in the event the Lessor 's oxpenditu.res which may be required under the article thereof entitled "Taxes and Assessc:ents, 11 on or in con- nection ,^rith said prerrises in any one year of the lease exceeds the rental of three thousand dollars ( ;>3000.00) the Lessee shall Da,T such additional amount of exocnd- itures as further recital for that year to Lessor upon demand, and there are no other financial obli ations upon the Lessor under said lease ; and sEEIUSAS, accordinp;ly, the indebtedness or liability of the City upon said lease will not in any year exceed the incomo and rentals provided by the lease to be received by the Lessor during that year ; and :rfs3L' Ia, the City Planning; Commission has approved and recommended the location, character and extent of the said property for acceptance by the City of Palm Springs; and the City Council boinm advised in this matter believes that it is for the besL interest and advantatre of i;his cora:munity that the said deed of gift be accepted subject to the said lease an also subject to the con- 1dit'ons of the deed as hereinabove referred to ; and :Iuis ;.G, this 1�i'l Council under the provisions of an Act of the Le;;a lature (StaLutes 1381, p. 2 ) is granted po%7o'r and authority to accent the fore;_;oin" gift in favor, of the Cit?' of Palm ",orin,s for la','1I'u public pur- poscs and to hold and dis;osc of ..ante as ,^ioll - Lhe inco-me thoreof accordinrr to the ter-�s of said deed of -ift; If-O',', Iii,HIII OH3 ; ' IT RE--ciLV.LD: that the City of Palm Sprin,^s shall and it does hereby accept the said deed Of gift froi; A. O 'Donnell, dated Dccomber 27, 19/1 4�y J1.1bl� OCt t0 t,:e0 1Ca30 0f said "')riJ A':i s'cJ in favor of the O 'Donnell ":olf '.'Jlub and also subject to the provisions of the said deed as above sot forth; and IT P?;i;'Pi=sH R?',-O ,' D th at the City Clerk be and she is enutl,,orized and directed fori,hwith to certify a cop7r of 1. this resolution; thereupon to attach sane to the on-final deed, and to cause both to be _olaced of record in the office of the Count,. Recorder of Riverside County; and DI, IT 'L; '1 .I;k IiFs'f OL`J_'?D a the _viayor b he that e and is authorized and directed forth.%,ith -,o express to liar. O'Donnell the appreciaLion of this City Council for his kindness and interest in the community. I hereby certify that the for. c,l;oinm is a true copy of Resolution NO . 1597 duly adopted by the City Council of the City of Palm SprinSs in a meetinS thereof held on December 27, 1944. LOUISL 1,JcCARIfi City Clerk ---000--- R2SOI,TJ`1TODT T�O. 1590 of the City Council of the Cit�7 of 2a1m. Sprin�s naming Thomas A. O 'Donnell i,'unicipal Park. T�ERIsP.S, the City Council has by its preceding; Resolution 1597 accepted the deed of -,ift from 'T homas A. O 'Donnell coverin,,; t,c ,-olf course property therein referred to, subject to the esistin;; lease thereon in favor of the O 'Donnell lolf Club; and Vrls.{i3!iS,. it appears desirable and to the advantaSe of the City that the said oro'.oerty shall perpetually be known as the `!"no,nas :':. O 'Donnell Yunicipal Park; I-Cl-'; 1T R`,SOLVED that the said real property shall hereafter be kno,:,n and desi _ hated as the Thomas A. O 'Donnell '.unicipal Park.