HomeMy WebLinkAbout4/10/1972 - AGREEMENTS (12)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").
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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,
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$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.
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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.
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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.
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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
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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
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(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
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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 ^
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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
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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
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