HomeMy WebLinkAboutA0826 - O'DONNELL GOLF CLUB, Committee of Twenty-FiveSUBLEASE
COMMITTEE OF T.WEN'( Y-FYVE
Ditow
THIS SUBLEASE is made thiA&rday of Sane t ` — 2024, between THE O'DONNELL GOLF
CLUB, a California non-profit mutual benefit corporation ("Sublessor"), and COMMITTEE OF
TWENTY-FIVE, a California non-profit mutual benefit corporation ("Sublessee") with regard to
the following facts:
RECITALS
A. Sublessor leases the O'Donnel golf course and related facilities from the City of Palm
Springs;
B. Sublessor's leasehold estate includes the following:
The Committee of Twenty -Five clubhouse building located at 421 West Alejo
Road, Palm Springs, California. The real property included under the provisions
ojthis Sublease shall include only that real property upon which said clubhouse
is situated (hereina)ler called "the Premises').
C. Sublessee desires to sublease the Premises;
D. WHEREAS Sublessor desires that the Premises be maintained by Sublessee and used for
the purposes recited herein;
AGREEMENT
NOW THEREFORE the forgoing recitals being incorporated herein by this reference the
Sublessor and Sublessee do agree as follows:
1. Sublease. Sublessor, in consideration of the rent 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 use, and Sublessee hereby takes and accepts from said
Sublessor, the Premises, as described below. Sublessee is familiar with the terms of that certain
Lease between the City of Palm Springs, a municipal corporation as Lessor, and the O'Donnell
Golf Club, a non-profit corporation, as Lessee made and entered into in the City of Palm Springs
on the 10'" 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
("Master Lease"). This Sublease is intended to replace the existing Sublease with the Committee
of 25 ("Existing Sublease") that expires on June 30, 2024. If the Effective Date occurs prior to
the natural expiration of the Existing Sublease, the Existing Sublease shall automatically be
terminated and superseded by this Sublease.
2. Premises. The Premisesare as described in the recitals above.
3. Approval By City. This Sublease is expressly made subject to the written approval of the
City of Palm Springs, and the Sublease shall become effective in accordance with the terms of
approval of the City of Palm Springs.
4. Term. The term of this Sublease shall commence on the date that it is duly approved by
the City of Palm Springs ("Effective Date") by the execution of the Approval attached hereto and
made a part hereof, and shall terminate on the fifth anniversary of the Effective Date ("Term"),
unless sooner terminated by mason of:
a. Termination of the Master Lease between the City and Sublessor;
b. Termination under any other applicable provision of this Sublease.
5. 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 as set forth in Exhibit "A" attached
hereto and incorporated herein by this reference. On the Effective Date, Sublessee shall pay
Sublessor the pro -rated monthly rent from the Effective Date through 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 final month of the term is less than the
full month, the rent for the last month shall be prorated accordingly. All amounts Sublessee is
required to pay to Sublessor under this Lease shall be deemed payments of rent.
6. Utilities. Sublessee will pay all charges of gas, electricity, television and telephone
during the term that are applicable to the Premises (i.e., from the point of connection to the
Premises). Sublessor will pay for water service to the Premises in association with the usual
intended use of the Premises only. During the term of the Sublease Sublessee shall take all
reasonable measures to assure utility services are available to the Premises.Sublessor assumes no
responsibility for obtaining water in the event Sublessors water supply to the Premises and other
lands and improvements operated by Sublessor adjacent to the Premises is insufficient to enable
Sublessor to furnish water to the Premises.
7. 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. Sublessee acknowledges that the Premises may not comply with the building,
health, safety and other requirements including, but not limited to, the Americans with
Disabilities Act and accepts all responsibility and liability for the same. 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.
8. Use by Sublessor. Sublessor shall have exclusive right, without cost, to utilize the
Premises as well as the furniture, fixtures and equipment, for O'Donnel Club events organized
by Sublessor during times that do not conflict with Sublessee's activities on the Premises. For the
sake of clarity, Sublessor's right to use the Premises does not include the following: (1) the right
to hold private events for individual members of the O'Donnell Club at the Premises, or (2) the
0
right to incidentals, inventory or perishable items including, but not limited to napkins,
tablecloths, silverware, dishes, liquor, food and beverages. After any such event or use,
Sublessor shall be responsible for leaving the Premises in as clean a condition as they were in
prior to the event. Sublessor shall be responsible for repairing any damage to the Premises or its
contents caused by Sublessor, its employees, contractors and guests. The Parties agree to confer
with respect to the terms and conditions that would apply to any such uses. Such uses by
Sublessor may include both one-time events and recurring functions. The Premises may be made
available from time to time for events sponsored by Sublessor at such times and upon such terms
as may be mutually agreeable to both Sublessee and Sublessor. The Parties agree to confer on
each such occasion with respect to the terms and conditions that would he acceptable for that
event.
9. Assignment Or Subletting. Sublessee shall not sublease or assign this Sublease, nor
hypothecate, encumber or otherwise transfer this Sublease, or any of the rights in this Sublease
without the written consent of Sublessor, which may be withheld in Sublessor's sole and absolute
discretion. Any such use, subletting, assignment, or hypothecation without such written consent
shall be void.
10. Repair And Restoration of the Premises. It is understood that the building is old and
the Premises may have not undergone regular maintenance, repairs and upgrading over its life.
Consequently, Sublessee agrees to accept the Premises in their current as -is, where -is condition.
If any restoration, repair or other work is needed to make the Premises suitable for Sublessee's
intended use of the Premises, Sublessee shall perform such work at its sole cost and expense.
Sublessor shall have no obligation to maintain or repair the Premises or any part thereof at any
time during the Tenn of this Lease. Sublessee shall submit any restoration plans for Sublessoes
reasonable approval, in a form mutually agreeable to Sublessor and Sublessee, before
commencing work. 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 to the detailed plans and specifications for the same,
pursuant to a resolution of Sublessor's Board of Directors. All improvements shall be the
property of Sublessor upon the termination of this Sublease or any extension thereof.
11. Hazardous Materials. The term "hazardous materials" as used herein shall mean any
product, substance, or waste whose presence, use, manufacture, disposal, transportation, or
release, either by itself or in combination with other materials expected to be on the Premises, is
either. (i) potentially injurious to the public health, safety or welfare, the environment or the
Premises, (ii) regulated or monitored by any governmental authority, or (iii) a basis for potential
liability Sublessor to any governmental agency or third party under any applicable statute or
common law theory. Sublessee shall use and manage its cleaning solutions and other substances
as are customarily used in Sublessee's business and operations in accordance with
Environmental Laws. Sublessee shall protect, defend, indemnity, and hold harmless Sublessor
and Sublessor's employees, agents, parents, and subsidiaries from and against any and all loss,
damages, costs, claims, damage, expenses, or liability, including, without limitation, attorney's
or other professional fees, and the costs of repairs and improvements necessary to return the
Premises to the physical condition existing prior to undertaking any activity related to any
hazardous material ("Claims") actually incurred by Sublessor directly arising out of or
attributable to Sublessee's or Sublessee's agents% contractors', or employees' use, manufacture,
3
storage, release, or disposal of a hazardous material on the Premises, Building or Property. This
indemnity shall survive the termination of this Lease.
12. Construction Cost, Liability, Liens. Subject to the foregoing, Sublessee shall fully pay
and shall hold Sublessor harmless from any expenses on account of all restoration, repair and
other work 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 Premises and to remain
undischarged. Any such mechanics or materialman's liens shall be released by Sublessee within
thirty days of the date of recordation. Said release may be, made by means of securing a statutory
mechanics lien bond as required by the California Business and Professions Code. Failure to so
remove such lien 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 attorneys fees shall be reimbursed by Sublessee with ten (10) days of receipt of an invoice
from Sublessor for the same. Prior to commencing work all work upon the Premises shall be
detailed and scheduled with hours of construction and other rules in a written set of customary
construction guidelines mutually agreed to by Sublessee and Sublessor as a condition of and
prior to any construction. Said construction guidelines shall he intended to prohibit interference
with the normal operation and functioning of the O'Donnell Golf Course and clubhouse and
nearby property. Construction noise shall be minimized at all times and shall be kept at an
absolute minimum when golf course patrons are playing nearby holes.As a condition to and prior
to commencing work, Sublessee provide to Sublessor proof of insurance for all contractors, sub-
contractors, tradespeople and others engaged to perform the repair, restoration and other work at
the Premises. Such insurance shall include workers compensation, commercial general liability
and automobile coverages in customary and reasonable amounts.Prior to any work taking place
and during the continuation of such work, the Sublessee shall provide Sublessor with current
valid certificates of insurance identifying Sublessor as an additional insured on the automotive
and liability insurance.
13_ Taxes And Assessments. Sublessee will pay the following.
a. 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. if 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 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.
14. Maintenance of Premises. Sublessee shall, at its own cost and expense, keep and
maintain the building now situated upon the Premises, and any other improvements to the
4
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, neat, 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. Insurance and Indemnity. Sublessee shall procure and maintain in full force and effect
during the Term, at its sole expense, the following policies of insurance, naming Sublessor and
the City of Palm Springs as additional insured and providing certificate(s) of insurance
evidencing coverage at all times:
a. Comprehensive liability insurance, including property damage, insuring
Sublessor, Sublessee and any mortgagee, ground lessor or other designated
persons with insurable interest in the Premises (collectively, "additional
designated insured"), against all claims, demands, actions, causes of action and
liability for injury to or death to any persons in the amount of $4,000,000 per
occurrence, $4,000,000 in the aggregate for damage to property arising from or
related to the use, occupancy or operation of the Premises or Sublessee's business.
Such insurance shall contain a contractual coverage endorsement expressly
insuring Sublessee's indemnity identified herein.
b. Comprehensive automobile liability insurance insuring all owned, non -
owned and hired vehicles used in the conduct of Sublessee's business and
operated upon or adjacent to or parked upon the Premises in the amount of not
less than $1,000,000 per occurrence for property damage;
C. Worker's Compensation or Employers Liability insurance as required by
law;
d. Fire Insurance. Sublessee shall maintain a policy of insurance, at
Sublessee's expense covering loss of or damage to the Premises in an amount,
after completion of construction, of ninety percent (90%) of the replacement
value of the Premises, including, "All Risk" coverage, including sprinkler leakage
and fire, in an amount not less than ninety percent (90%) of replacement cost,
boiler and machinery coverage, inflation endorsement and any other perils
Sublessor reasonably deems necessary. 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 Master Lease.
Sublessee shall furnish valid certificates of insurance, naming Sublessor and the
City of Palm Springs as additional insureds.
e. If this Lease is canceled by reason of damage or destruction and Sublessee
is relieved of its restoration obligations, any insurance proceeds for damage to the
Premises and Sublessee's improvements (exclusive of Sublessee's casualty
insurance for its personal property and trade fixtures), shall belong to Sublessor,
free and clear of any claims by Sublessee.
61
f. The coverage limits required by this Section shall not limit Sublessee's
liabilitv to Sublessor under this Lease. If Sublessee fails either to maintain the
required insurance or to deliver the required certificates, Sublessor may acquire
such insurance and Sublessee shall reimburse Sublessor therefor immediately
upon demand together with an administrative fee in the amount of ten percent
(10%) of the amount due and interest at the rate often percent (10%) per annum.
g. Sublessor and Sublessee each hereby waive any rights they may have
against the other for loss of damage to property caused by peril for which
insurance is maintained hereunder. The parties shall cause their respective
insurance companies to execute a waiver of any rights of subrogation they may
have. However, if such waivers are unavailable, this subparagraph shall not be
applicable.
h. Exception of Sublessor and Its Agents from Liability. Except due to
negligence or breach of this Lease by Sublessor or its agents, neither Sublessor
nor its agents shall be liable under any circumstances for: (i) injury or damage to
the person or goods, wares, merchandise or other property of Sublessee,
Sublessee's employees, contractors, invitees, customers, or any other person in or
about the Premises, whether such damage or injury is caused by or results from
fire, steam, electricity, gas, water or rain, indoor air quality, the presence of mold
or from the breakage, leakage, obstruction or other defects of pipes, fire
sprinklers, wires, appliances, plumbing, HVAC or lighting fixtures, or from any
other cause, whether the said injury or damage results from conditions arising
upon the Premises or upon other portions of the Project, or from other sources or
places; (ii) any damages arising from any act or neglect of any other Sublessee of
Sublessor or from the failure of Sublessor or its agents to enforce the provisions
of any other lease; or (iii) injury to Sublessee's business or for any loss of income
or profit therefrom. Instead, it is intended that Sublessee's sole recourse in the
event of such damages or injury would be to file a claim on the insurance
policy(ies) that Sublessee is required to obtain for its benefit.
L 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, 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. This
paragraph shall survive the termination or expiration of this Sublease.
16. Notice of Non -Responsibility. Sublessee will allow Sublessor to post on said Premises,
and will thereafter keep posted thereon, the statutory notice of non -responsibility pursuant to
0
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.
17. Default. If Sublessee shall at any time be in default in the payment of any installment or
installments of the rent 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 thirty (30) days (five
(5) days for monetary defaults) 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
time may, at its option and without further notice or demand, exercise its rights and remedies
provided under applicable law. If the default is of a non -monetary nature and cannot be cured
within thirty (30) days, the defaulting party shall have such additional time as reasonably needed
to cure such default by continuous action.
18. ADA And Other Applicable Laws. Sublessee shall comply with all applicable laws
concerning the occupancy, use and/or operation of the Premises, including but not limited to
compliance with the Americans with Disabilities Act ("ADA"). Sublessor shall not be required
to make any ADA or other statutory, regulatory or code -related alterations or improvements to
the Premises. Pursuant to California Civil Code Section 1938, Sublessor hereby advises
Sublessee that the Premises have not been inspected by a Certified Access Specialist ("CASp').
A CASp can inspect the subject Premises and determine whether the subject Premises comply
with all of the applicable construction- related accessibility standards under state law. Although
state law does not require a CASp inspection of the subject Premises, the commercial property
owner or lessor may not prohibit the lessee or Sublessee from obtaining a CASp inspection of the
subject premises for the occupancy or potential occupancy of the Lessee or Sublessee, if
requested by the Lessee or Sublessee. The parties shall mutually agree on the arrangements for
the time and manner of the CASp inspection, the payment of the fee for the CASp inspection,
and the cost of making any repairs necessary to correct violations of construction -related
accessibility standards within the Premises.
19. Notices. Whenever notice, demand, or communication is to be given to or made upon a
party, 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 as follows:
SUBLESSEE:
COMMITTEE OF TWENTY-FIVE
c/o Mr. Bob Bettenhausen
421 WEST ALEJO ROAD
PALM SPRINGS, CA 92262
SUBLESSOR:
THE O'DONNELL CLUB
c/o Mr. Koll Farman
301 N BELARDO ROAD
PALM SPRINGS, CA 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 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.
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 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 he 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 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 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
Sublescee'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 as well as other
continuing obligations under this Sublease.
22. General. 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 patties 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 he 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
8
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 made apart 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 the 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.
23. Intent to Contract and Sign by Electronic Means and Counterparts. Counterparts
may be delivered by fax, electronic mail (including pdf or any electronic signature complying
with the U.S. ESIGN Act of2000, California's Uniform Electronic Transactions Act (Civil Code
§§ 1633.1, et seq.), or other transmission method; and any counterpart so delivered shall be
deemed to have been duly and validly delivered and be valid and effective for all purposes. All
electronic signatures on this Agreement are adopted by the Parties with the intent to sign this
Agreement electronically. This Agreement may be executed electronically in two or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same Agreement. With respect to signatures delivered by fax or electronically, each
Party shall deliver their original ink signature to the other Party within 30 days following the
mutual execution of this Agreement, provided that the failure to deliver such original ink
signatures shall not affect the validity of the electronic signatures on the Agreement that were
delivered.
24. Non -Discrimination. Sublessee shall not. in connection with the use and occupancy of
the Premises discriminate against any person employee contractor, or the general public,
because of actual or perceived race color religion ancestry, national origin disability, medical
condition age marital status domestic partner status sex. gender, gender identity, gender
expression or sexual orientation or as a member of any other protected class.
SUBLESSOR:
The O'Donnell Golf Club, a California non-profit mutual benefit corporation
By:
Its: T
Date: L / L 11
SUBLESSEE:
COMMITTEE OF TWENTY-FIVE, a California non-profit mutual benefit corporation
E
M.
Its:
Dal
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of trhi)
County off ��VV fas I /��
On �\ /�
�' ` 0 , before me, W 1V NaSGiI(/ , a Notary Public, personally
appeared h AUS f who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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 under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. ; ANGELA L. NA$CA
Notary P-blic - California
Riverside County
Commission d 2419729
My Comm, Expires Oct 7, 2026
Signature
—ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of
On before me, , a Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
10
WITNESS my hand and official seal.
Signature
Year 1: $13,000 per year
Year 2: $13,390 per year
Year 3: $13,792 per year
Year 4: $14,206 per year
Year 5: $14,632 per year
EXHIBIT "A"
(Schedule of Rent)
12
APPROVAL AND CONSENT
The foregoing Sublease between The O'Donnell Golf Club, a California non-profit mutual
benefit corporation, and Committee of Twenty -Five, a a California non-profit mutual benefit
corporation, was approved and its execution by the parties wasconsented to by the City of Palm
Springs, a municipal corporation, on the _ day off 2024.
CITY OF PALM SPRINGS
sy:
City anager
/.U11 I16
i
�f
��A�PPPRR�OOVV TO FORM
_ ' Ci A omey
Date S
13
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of K, q vfn 2
5 p��
On �pkbac 21 aa� ,before me, ferk I`�' a Notary Public, personally
appearedSce S� tl e 5 who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. _ 4o �, o e k U„m,,,,. {
RWW$IfCounty li
Commission 9 239BN7
' ✓.v Comm. EzTres rr 21. 2016
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of
On before me, , a Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/Iter/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
14
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
OR
SUBLEASE
THIS SUBLEASE made in Palm Springs, County of Riverside, State of California, on
Sept 2017, to commence on July 1,2017, by and between THE O'DONNELL
GOLF CLUB, a California corporation (hereinafter referred to as "Sublessor"), and COMMITEE
OF TWENTY-FIVE, a corporation (hereinafter referred to as "Sublessee").
WITNESSETH;
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").
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 lO"' 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 0 Doimell
Golf Club (hereinafter called "base lease").
I
K.\DATA\O\0D0NNELL GOLF CLUB\8258 SVDTJ VERSION OF SUBLEASE.wpd
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 T' day of July, 2017, for a period of seven
(7) years, and shall end on the 30^'' of June, 2024, 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 properly immediately adjacent 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
teimination thereof by Lessor), 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.
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:
TEN THOUSAND SIX HUNDRED AND TWELVE and NO/100 DOLLARS
($10,612.00) for the twelve (12) month period commencing July 1, 2017, and a similar sum for
each successive year of the term, except such sum shall be increased by three percent (3%) in
each successive year. (Rental shall be $10,612.00 for the year commencing July 1, 2017,
2
K:\DATA\0\0D0NNELL GOLF CHJB\82S8.S\nTJ VERSION OF SUBLEASF.wpd
$10,930.00 for the year commencing July 1,2018, seriatim for the remainder of the term, cents
being disregarded.) The rent shall be paid in quarterly installments on the first day of each July,
October, January, and April during the term. Annual rental for the terni is set forth in Exhibit
"A" attached hereto and incorporated by this reference.
TTTILITIES
Sublessee will pay all charges for gas, electricity, television, telephone and other utilities
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 improvements operated
by Sublessor adjacent to the Premises is insufficient to enable Sublessor to furnish water to the
Premises.
TTSF. OF THE PREMISES
1. Use by Sublessee:
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 tlierefor.
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 assignment 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.
3
K;\DATA\0\ODONNELL GOLF CLUB\82Sg.5\DTJ VtiRSlON OF SUB LEASE, wpd
2. Use by Sublessor:
Sublessor shall have exclusive right, witliout cost, to utilize the Premises for events
sponsored, arranged or catered by Sublessor or its permitees during times that do not conflict
with Sublessee's activities on the Premises. After any such event. Sublessor shall be responsible
for leaving the Premises in as clean a condition as they were in prior to the event The Parties
agree to confer with respect to the terms and conditions that would apply to any such uses. Such
uses by Sublessor may include both one-time events and recurring functions. The Premises may
be made available from time to time for events sponsored by Sublessor at such times and upon
such terms as may be mutually agreeable to both Sublessee and Sublessor. The Parties agree to
confer on each such occasion with respect to the terms and conditions that would be acceptable
for that event.
TMPROVEMENT 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, improvements, 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 Premises or of the property subject to the base lease 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 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.
4
K-.\DATA\0\ODONNEUL GOLF CLUB\82S8 SVI3TJ VERSION OF SUBLEASE.wpd
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.
TARE 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, 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.
Sublessee shall not remove any buildings or improvements from the Premises without the
written consent of Sublessor.
FTRE 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 mamier. 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.
5
K:\DATA\0\0D0NNELI. GOLF CLUB\8238.5^£)TJ VERSION OF SUBUEASti.wpd
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 properly 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 business in California for the protection of Sublessor and
Sublessee, and Sublessee shall furnish copies of the policies thereof witli evidence of payment of
premiums to Sublessor, such general liability and property damage insurance to be in the
minimum amount of $1,000,000/$3,000,000.
Sublessee shall carry and all workmen's compensation insurance or other insurance
required by law upon its employees.
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 Califomia 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 lime 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
6
K:\DATA\0\0D0NNELL GOLF CLUB\825B 5\DTJ VERSION OF SUBLEASEwpd
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.
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 communication 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 communication 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 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
7
K \DATA\0\QD0NNELL GOLF CLUB\8258,5\Drj VERSION OF SUBLEASE.wpJ
(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 Sublease 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.
■^TTrCESSORS, ASSIGNS. ETC.
All eovenants, 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 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 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.
K;\DATA\0\0D0NNELL GOLF CLUB\8258 5\DTJ VERSION OF SUDLliASE.wpd
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,
a California corporation
Dickinson, President
rfmd^iddour, Secretary
COMMITTEE OF TWENTY-FIVE,
a corporation
President
—
Secretary f
K:\DA rA\0\0D0NNEl.l. GOLF CLUB\8258.5\SUBLEASE.v.pd
ACKNOWLEDGMENT BY NOTARY PUBLIC
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
NOTARY PUBLIC,
State of CaUfomia' )
)
County
On ^ ^ , 2017, before me, nlr^U^f
personally appeared ^^/TV ) » who proved to me on the basis of
satisfactory evidence to be the pers^(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
d official seal.WITNESS^n
Signature of Notary Public
(NotDtyl 5al)
I
1RICHARD LANCASTER
Notary Public
State o1 Washington \
My Appointment Expires Seo 1
ti ^
13
K.:\DATA\0\0D0NNELL GOIJF CLUB\8258.5\SUbLEASE.wptl
ACKNOWLEDGMENT BY NOTARY PUBLIC
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of k 1C
On b'Cf.A- (
personally appeared
_, 2017, before me,
MfuJ f r [,\i i—jjfij
n 'Diur I /(///^rNOTARY PUBLIC,
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/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 under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS.,my hand and official seal.
Signature of Notary Public
(Notary Seal)
Notary Public •CiNrernii
fNvtftltfaCotMty 2
„ Coffviaition# 2186710 |
1
U
K:\DAT A\0\ODONNEt.L GOLF Cl.UB\82S8.5\SUBLEASE.wpd
i«MWBiMu«iia«M«>mmiia«iiinwiiiiitiimmi>Mu«uii«OMaiiiitmiimiirTOmwi" —miiuiul I
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of Cadfornia
County of.
On r before me,
personally appeared "r- / i c
I
(here insert name and title of the officer)
r
who proved to me on the basis of satisfactory evidence to be the person(s) whose namefst
,is/are subscribed to the within instrument and acknowledged lo me that he/she/thev
stana'turefsl capacity(ies), and that by his/her/theiron «he instrument the pprson(s), or the entity upon behalf of which the
p,erson(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct. v.aiirornia mat me
WITNESS my hand and official seal.
Signature
(Seal)
MVfMiCoMiiy
jUWiS. 2019
< Maap
ll*M4UJMB«iAV«u7^i
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate Is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of / . ,
On before me.
personally appeared
(here insert name and title of the officer)
i
WITNESS my hand and official seal.
Signature
(Seal)
2115863 1[
•tolwrPMWIc.Ctilfot
RHwUdi County
Ctiifornia f
EXHIBIT "A'
YEAR COMMENCING
JULYl
3% INCREASE RENT
2017
2018
2019
2020
2021
2022
2023
$318.00
$328.00
$338.00
$348.00
$358.00
$369.00
$10,612.00
$10,930.00
$11,258.00
$11,596.00
$11,944.00
$12,302.00
$12,671.00
EXHIBIT "A"
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
20101
Dated: /A BY
^<nTYOT FALM-^P^GS,
^ a municipal/dorporatior
Dated: ^(4^
ity CTerk
10
K:\DATA\0\ODONNEl.L GOLF CLUB\82S8.5\SUBLEASE.viT)d