HomeMy WebLinkAboutA6942 - ALCAZAR PALM SPRINGS, LLC 2017-0079690
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THE CITY OF PALM SPRINGS ' 1 1P ��li�:�fl�LIff 1111
3200 E. Tahquitz Canyon Way R A Exam: ) U
Palm Springs, CA 92262 Page DA PCOR Misc Long RFD 1stPg AdtlPg Cert C[
Attention: City Clerk
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(Space Above This Line for Recorders Office Use Only)
OPERATIONS COVENANT k6 IY?
THIS OPERATIONS COVENANT AND DECLARATION OF COVENANTS AND
RESTRICTIONS ("Agreement") is made and entered into this !&— day off>
2017, by and between the CITY OF PALM SPRINGS, a municipal corporation and charter city
("City"), and ALCAZAR PALM SPRINGS, LLC ("Owner").
RECITALS :
A. The City of Palm Springs adopted Chapter 5.26 of its Municipal Code in
December, 2007 to provide a Hotel Operations Incentive Program ("Program") for the operation
and maintenance of Hotel facilities that enhance the tourist and travel experience for visitors to
the City, maximize the use of the City's Convention Center, provide attractive and desirable
visitor serving facilities and experiences, and assist the City in achieving its tourism goals.
B. On February 17, 2015, Owner applied for the Program and has provided
satisfactory documentation certifying its recent renovation project as a qualified renovation
program under the Program. Alcazar Palm Springs Hotel ("Owner's Hotel" or "Project"),
generally located at 622 North Palm Canyon Drive, Palm Springs, California, consists of thirty-
four (34) total hotel rooms on that certain real property located in the City of Palm Springs,
County of Riverside, State of California, more particularly described in Exhibit "A" attached
hereto and incorporated herein by reference (the "Site").
C. City and Owner now desire to place restrictions upon the use and operation of the
Project, in order to ensure that the Project shall be operated continuously as a hotel available for
short-term rental for the term of this Agreement.
D. City and Owner also agree that in return for participation in the Program, Owner
shall agree to operate the Project as a hotel; participate in the Palm Springs Convention Center's
Committable Rooms Program; and provide City with a minimum of two (2) room-nights per
month for official City use; and, City agrees to share a percentage of Transient Occupancy Tax
Increment with Owner pursuant to the Program guidelines.
E. The City finds that the approval of this Covenant is Categorically Exempt from
CEQA under Section 15301 of the California Administrative Code as the Hotel Operations
Incentive Program applicable to Owner's Hotel applies to the operation, repair, maintenance, or
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minor alteration of existing structures, facilities, mechanical equipment involving no material
expansion of use beyond that previously existing.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Participant hereby conveys to the City the Operating
Covenants described herein and City hereby agrees to provide Participant with funds as provided
under the Program and as set forth hereinafter.
ARTICLE 1
STATEMENT OF OPERATING COVENANTS
1.1. OPERATION AND USE COVENANT. Owner covenants to operate, maintain,
and use the Owner's Hotel in accordance with this Agreement. All uses conducted on the Site,
including, without limitation, all activities undertaken by the Owner pursuant to this Agreement
shall conform to requirements of this Agreement and Palm Springs Municipal Code (PSMC).
1.2. HOTEL USE. The Owner hereby agrees that the Project is to be owned,
managed, and operated as a comfort hotel (as defined by 5.26.020 of the PSMC) in a first-class
manner, and the Project's participation in the Program shall continue in accordance with the
terms of the Program, for a term equal to ten 10 years, commencing upon the date Owner first
receives from the City the Owner's share of transient occupancy tax revenues pursuant to the
Program unless and until Owner's participation in the Program is terminated prior thereto in
accordance with this Agreement (the "Term").
1. Housing Uses Prohibited. None of the rooms in the Project will at any
time be utilized as a non-transient residential property including dormitory, fraternity or
sorority house, rooming house, nursing home, hospital, sanitarium, or trailer court or park
without the City's prior consent which consent may be given or withheld in its sole and
absolute discretion.
2. Conversion of Project. No part of the Project will at any time be owned
by a cooperative housing corporation, nor shall the Owner take any steps in connection
with the conversion to such ownership or uses to condominiums, or to any other form of
ownership, without the prior written approval of the City Council which approval may be
given or withheld in its sole and absolute discretion.
ARTICLE 2
WARRANTIES AND COVENANTS
2.1. WARRANTIES AND COVENANTS. For the Term of this Agreement, the
Owner hereby represents, covenants, warrants and agrees as follows:
1. Owner has completed the City's application for the Hotel Operations
Incentive Program. The City has determined the Transient Occupancy Tax Base to be
used to calculate the Transient Occupancy Tax Increment shall be $74,333.28, and the
Owner accepts such Transient Occupancy Tax Base.
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2. Owner hereby agrees to subscribe to the Palm Springs Convention
Center's Committable Rooms Program or any similar successor program as identified by
the City Manager without being obligated to incur any additional costs or expenses.
3. Upon City's prior request, Owner shall provide the City at no cost two (2)
rooms for one (1) night (or one room for two nights) each month for use for City
purposes as approved or designated by the City Manager, provided that such use by the
City shall be subject to the rooms being available at the time of the City's request. Such
accommodations shall include all services and amenities for which the Owner would
normally collect transient occupancy taxes but will not include services and amenities
that are optional to the transient and for which the transient is not required to pay a
transient occupancy taxes. City shall be responsible for any transient occupancy taxes for
any occupancy provided to City under the provisions of this paragraph. Notwithstanding
anything in this Agreement to the contrary, if the City does not use rooms during any
month, then its right to use rooms with respect to that month shall expire at the end of
that month and shall not accrue; provided, however, if the City was unable to use rooms
solely because Owner's Hotel had no rooms available when the City requested a room in
accordance with this Section 2.1.3, then, the City's right to use rooms shall not expire and
may be used by the City in a subsequent month.
ARTICLE 3
MAINTENANCE
3.1. MAINTENANCE.
1. Maintenance Obligation. Owner, for itself and its successors and assigns,
hereby covenants and agrees to maintain and repair or cause to be maintained and
repaired the Site and all related on-site improvements and landscaping thereon, including,
without limitation, buildings, parking areas, lighting, signs and walls in a first class
condition and repair, free of rubbish, debris and other hazards to persons using the same,
and in accordance with all applicable laws, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction, at Owner's sole cost and
expense. Such maintenance and repair shall include, but not be limited to, the following:
(i) sweeping and trash removal; (ii) the care and replacement of all shrubbery, plantings,
and other landscaping in a healthy condition; and (iii) the repair, replacement and
restriping of asphalt or concrete paving using the same type of material originally
installed, to the end that such paving at all times be kept in a level and smooth condition.
In addition, Owner shall be required to maintain the Property in such a manner as to
avoid the reasonable determination of a duly authorized official of the City that a public
nuisance has been created by the absence of adequate maintenance such as to be
detrimental to the public health, safety or general welfare or that such a condition of
deterioration or disrepair causes appreciable harm or is materially detrimental to property
or improvements within one thousand (1,000) feet of such portion of the Site.
2. Parking and Driveways. The driveways and traffic aisles on the Site shall
be kept clear and unobstructed at all times.
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3. Right of Entry. In the event Owner fails to maintain the Site in the above-
mentioned condition, and satisfactory progress is not made in correcting the condition
within thirty (30) days from the date of written notice from City (such notice shall
reasonably identify the required maintenance), City may, at City's option, and without
further notice to Owner, declare the unperformed maintenance to constitute a public
nuisance. Thereafter, either City or its employees, contractors, or agents, may cure
Owner's default by entering upon the Site and performing the necessary landscaping
and/or maintenance in accordance with Section 3.1.1 above. The City shall give Owner,
its representative, or the residential manager reasonable notice of the time and manner of
entry, and entry shall only be at such times and in such manner as is reasonably necessary
to carry out this Agreement. Owner shall pay such costs as are reasonably incurred by
City for such maintenance, including attorneys' fees and costs.
4. Lien. If any costs incurred by City under Section 3 above are not
reimbursed within thirty (30) days after Owner's receipt of City's written request for
reimbursement, the same shall be deemed delinquent, and the amount thereof shall bear
interest thereafter at a rate of the lower of ten percent (10%) per annum or the legal
maximum until paid. Any and all delinquent amounts, together with said interest, costs
and reasonable attorney's fees, shall be an obligation of Owner as well as a lien and
charge, with power of sale, upon the property interests of Owner, and the rents, issues
and profits of such property. City may bring an action at law against Owner obligated to
pay any such sums or foreclose the lien against Owner's property interests. Any such lien
may be enforced by sale by the City following recordation of a Notice of Default of Sale
given in the manner and time required by law as in the case of a deed of trust; such sale to
be conducted in accordance with the provisions of Section 2924, et seq., of the California
Civil Code, applicable to the exercise of powers of sale in mortgages and deeds of trust,
or in any other manner permitted by law.
Any monetary lien provided for herein shall be subordinate to any bona fide
mortgage or deed of trust covering an ownership interest or leasehold or subleasehold
estate in and to any Site approved by City pursuant to the Agreement, and any purchaser
at any foreclosure or trustee's sale (as well as any deed or assignment in lieu of
foreclosure or trustee's sale) under any such mortgage or deed of trust shall take title free
from any such monetary lien, but otherwise subject to the provisions hereof; provided
that, after the foreclosure of any such mortgage and/or deed of trust, all other assessments
provided for herein to the extent they relate to the expenses incurred subsequent to such
foreclosure, assessed hereunder to the purchaser at the foreclosure sale, as owner of the
subject Site after the date of such foreclosure sale, shall become a lien upon such Site
upon recordation of a Notice of Assessment or Notice of Claim of Lien as herein
provided.
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ARTICLE 4
COMPLIANCE WITH LAWS
4.1. COMPLIANCE WITH LAWS. Owner shall comply with all ordinances,
regulations and standards of the City and City applicable to the Site. Owner shall comply with
all rules and regulations of any assessment district of the City with jurisdiction over the Site.
ARTICLE 5
NONDISCRIMINATION
5.1. NONDISCRIMINATION. There shall be no discrimination against or
segregation of any person, or group of persons, on account of race, color, creed, religion, gender,
sexual orientation, gender identity, gender expression, marital status, national origin, ancestry,
physical or mental disability, or medical condition in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the Site, or any part thereof, nor shall Owner, or any person
claiming under or through it, establish or permit any such practice or practices of discrimination
or segregation with reference to the selection, location, number, use or occupancy of guests or
vendees of the Site, or any part thereof.
1. Owner certifies and represents that, during the performance of the Agreement,
the Owner and any other parties with whom it may contract shall adhere to the
City's non-discrimination and equal benefits as provided pursuant to
Ordinance No. 1896 in the Palm Springs Municipal Code Section 7.09.040 to
assure that applicants and employees are treated equally and are not
discriminated against because of their actual or perceived race, color, religion,
ancestry, national origin, disability, medical condition, marital status,
domestic partner status, sex, gender, gender identity, gender expression, or
sexual orientation. Recipient further certifies that it will not maintain any
segregated facilities.
2. Owner shall, in all solicitations or advertisements for applicants for
employment placed by or on behalf of this Agreement state that it is an "equal
opportunity employer" or that all qualified applicants will receive
consideration for employment without regard to their actual or perceived race,
color, religion, ancestry, national origin, disability, medical condition, marital
status, domestic partner status, sex, gender, gender identity, gender
expression, or sexual orientation.
3. Owner shall certify that it has not, in the performance of this Agreement,
discriminated against applicants or employees because of their actual or
perceived race, color, religion, ancestry, national origin, disability, medical
condition, marital status, domestic partner status, sex, gender, gender identity,
gender expression, or sexual orientation.
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4. If requested to do so by the Contract Officer, Owner shall provide the City
with access to copies of all of its records pertaining or relating to its
employment practices, except to the extent such records or portions of such
records are confidential or privileged under state or federal law.
5. Owner agrees to recruit Coachella Valley residents initially and to give them
preference, if all other factors are equal, for any new positions which result
from the performance of this Agreement and which are performed within the
city. The Contract Officer may agree to modify requirement where it is in
conflict with federal or state laws or regulations.
6. Nothing contained in this Agreement shall be construed in any manner so as
to require or permit any act which is prohibited by law.
ARTICLE 6
COVENANTS TO RUN WITH THE LAND
6.1. COVENANTS TO RUN WITH THE LAND. Owner hereby subjects the Site to
the covenants, reservations, and restrictions set forth in this Agreement. City and Owner hereby
declare their express intent that all such covenants, reservations, and restrictions shall be deemed
covenants running with the land and shall pass to and be binding upon the Owner's successors in
title to the Site; provided, however, that on the termination of this Agreement said covenants,
reservations and restrictions shall expire. All covenants without regard to technical classification
or designation shall be binding for the benefit of the City, and such covenants shall run in favor
of the City for the entire term of this Agreement, without regard to whether the City is or remains
an owner of any land or interest therein to which such covenants relate. Each and every contract,
deed or other instrument hereafter executed covering or conveying the Site or any portion thereof
shall conclusively be held to have been executed, delivered and accepted subject to such
covenants, reservations, and restrictions, regardless of whether such covenants, reservations, and
restrictions are set forth in such contract, deed or other instrument.
City and Owner hereby declare their understanding and intent that the burden of the
covenants set forth herein touch and concern the land in that Owner's legal interest in the Site is
rendered less valuable thereby. City and Owner hereby further declare their understanding and
intent that the benefit of such covenants touch and concern the land by enhancing and increasing
the enjoyment and use of the Project by the intended beneficiaries of such covenants,
reservations, and restrictions, and by furthering the public purposes for which the City was
formed.
Owner, in exchange for the City entering into the Agreement, hereby agrees to hold, sell,
and convey the Site subject to the terms of this Agreement. Owner also grants to the City the
right and power to enforce the terms of this Agreement against the Owner and all persons having
any right, title or interest in the Site or any part thereof while such party owns the Site. No party
shall have any liability or obligation in connection with any breach occurring while such party is
not the owner of the Site.
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Within fifteen (15) business days after request of Owner, City shall execute and provide
to Owner an estoppel certificate, in the form approved by the City Attorney of the City,
confirming whether or not Owner is in breach of any obligations under this Agreement and
identifying any required cure.
ARTICLE 7
INDEMNIFICATION
7.1. INDEMNIFICATION. Owner agrees for itself and its successors and assigns to
indemnify, defend, and hold harmless City and its respective officers, members, officials,
employees, agents, volunteers, and representatives from and against any loss, liability, claim, or
judgment to or by any third party relating to development and/or operation of the Project by
Owner, excepting only any such loss, liability, claim, or judgment arising solely out of the
intentional wrongdoing or gross negligence of City or its respective officers, officials,
employees, members, agents, volunteers, or representatives. Owner further agrees for itself, and
its successors and assigns to indemnify and defend and hold harmless the City, its respective
officers, members, officials, employees, agents, volunteers, and representatives from and against
any loss, liability, claims, damages, penalties, losses, costs, expenses, injuries and/or liabilities
arising out of claims that Owner's participation in the Program creates a public work for
prevailing wage purposes thereby requiring the payment of prevailing wages and this obligation
shall apply regardless of whether or not the claim, damage, penalty, loss, cost, expense, injury
and/or liability complained of arises out of or relates in any way to any negligence on the part of
City. Owner, while in possession of the Site, and each successor or assign of Owner while in
possession of the Site, shall remain fully obligated for the payment of property taxes and
assessments in connection with the Site. The foregoing indemnification, defense, and hold
harmless agreement shall only be applicable to and binding upon the party then owning the Site
or applicable portion thereof.
7.2. ATTORNEYS' FEES. In the event that a party to this Agreement brings an action
against the other party hereto by reason of the breach of any condition, covenant, representation
or warranty in this Agreement, or otherwise arising out of this Agreement, the prevailing party in
such action shall be entitled to recover from the other reasonable expert witness fees, and its
reasonable attorney's fees and costs. Attorney's fees shall include attorney's fees on any appeal,
and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for
investigating such action, including the conducting of discovery.
7.3. AMENDMENTS. This Agreement shall be amended only by a written
instrument executed by the parties hereto or their successors in title, and duly recorded in the real
property records of the County of Riverside.
7.4. NOTICE. Any notice required to be given hereunder shall be made in writing and
shall be given by personal delivery, certified or registered mail, postage prepaid, return receipt
requested, at the addresses specified below, or at such other addresses as may be specified in
writing by the parties hereto:
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City: City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Manager
Copy to: Woodruff, Spradlin & Smart, LLP
555 Anton Boulevard, Suite 1200
Costa Mesa, CA 92626
Attn: Douglas C. Holland, Esq.
Owner: Alcazar Palm Springs, LLC
622 North Palm Canyon Drive
Palm Springs, CA 92262
The notice shall be deemed given three (3) business days after the date of mailing, or, if
personally delivered, when received.
7.5. SEVERABILITY/WAIVER/INTEGRATION
1. Severability. If any provision of this Agreement or portion thereof, or the
application to any person or circumstances, shall to any extent be held invalid,
inoperative, or unenforceable, the remainder of the provisions, or the application of such
provision or portion thereof to any other persons or circumstances, shall not be affected
thereby; provided, that if any material terms or provisions of these Operating Covenants
are rendered invalid, void and/or unenforceable, or due to changes in the law such terms
or provisions would materially alter the terms of the transactions contemplated herein, the
parties agree to meet and negotiate in good faith to attempt to reform these Operating
Covenants to accomplish the intent of the parties.
2. Waiver. A waiver by either party of the performance of any covenant or
condition herein shall not invalidate this Agreement nor shall it be considered a waiver of
any other covenants or conditions, nor shall the delay or forbearance by either party in
exercising any remedy or right be considered a waiver of, or an estoppel against, the later
exercise of such remedy or right.
3. Integration. This Agreement contains the entire Agreement between the
parties and neither party relies on any warranty or representation not contained in this
Agreement.
4. Third Parties. No third party beneficiaries are intended, and the only
parties who are entitled to enforce the provisions of these Operating Covenants are the
City, Mortgagees, Participant and their respective successors and assigns.
7.6. GOVERNING LAW. This Agreement shall be governed by the laws of the State
of California.
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7.7. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall constitute one original and all of which shall be one and the
same instrument.
7.8. TERMINATION. This Agreement may be terminated only (i) by and upon
expiration of the Term, (ii) by mutual written agreement of the parties, and (iii) by and pursuant
to the provisions of Section 7.9 or 7.10 below. In the event of any termination of this Covenant,
Owner (or its successor, as applicable) shall not be obligated to return any amounts previously
paid to it by the City pursuant to the Program.
7.9. DEFAULT BY OWNER. If at any time during the Term, City contends that
Owner has committed a material default with respect this Agreement, e.g., by failing to operate
the Hotel as a Comfort Hotel, City shall deliver to Owner written notice of default which
specifies in detail all facts alleged by City to constitute such default. For a period of sixty days
thereafter, Owner will have the right to commence and complete cure of the alleged default;
provided, however, if the alleged default is of such a nature as to reasonably require more than
sixty days to cure, and the Parties so agree, Owner will have such addition time as is reasonably
necessary to complete such cure. Subject to Section 7.11 below, if Owner fails to timely cure
such default, City shall then have the right to terminate this Agreement. (To the extent of any
inconsistency between the provisions of this Section 7.9 and the provisions of Section 3.1 above,
the provisions of this Section 7.9 shall prevail.)
7.10 DEFAULT BY CITY. If at any time during the Term, Owner contends that City
has committed a material default with respect this Agreement, Owner may deliver to City written
notice of default that specifies in detail all facts alleged by Owner to constitute such default. For
a period of thirty days thereafter, City will have the right to commence and complete cure of the
alleged default; provided, however, if the alleged default is of such a nature as to reasonably
require more than thirty days to cure, and the Parties so agree, City will have such addition time
as is reasonably necessary to complete such cure. Subject to Section 7.11 below, if City fails to
timely cure such default, Owner shall then have the right to terminate this Agreement or exercise
any and all other rights and remedies available at law and in equity, and each of such rights and
remedies shall be cumulative and not exclusive.
7.11 MORTGAGE PROVISONS. Anything in this Agreement to the contrary
notwithstanding, with respect to any recorded mortgage or deed of trust given in good faith and
for value and encumbering the Hotel ("Mortgage"), any holder thereof that has delivered to City
a copy of such recorded Mortgage and current contact information ("Mortgagee") will be entitled
rights and benefits in accordance with the following:
1. City acknowledges and agrees that the rights and obligations of Owner
under this Agreement may, with or without approval by City, be conditionally assigned by
Owner to any Mortgagee as security for performance of Mortgage obligations.
2. While any Mortgage remains in effect, City will not amend or modify this
Agreement in any material respect without receiving prior written approval from Mortgagee,
which approval may not be unreasonably withheld, delayed or conditioned; provided, however,
failure by Mortgagee to provide written approval or disapproval (and if disapproval the reasons
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therefor) within thirty days of delivery of request therefor shall be deemed to constitute approval
by Mortgagee.
3. While any Mortgage remains in effect, in the event City delivers to Owner
of any notice of default as referenced in either Section 3.1 or 7.9 above, City shall concurrently
deliver a copy thereof to Mortgagee.
4. Delivery of any such notice of default notwithstanding, City will not
terminate or initiate or pursue any action to terminate this Agreement as long as Mortgagee
diligently (i) declares a default by Owner under the Mortgage, (ii) pursues foreclosure and/or
other appropriate actions under the Mortgage, (iii) pays to City all amounts that would otherwise
have been payable by Owner to City, and (iv) cures non-monetary defaults.
7.12 Operator Provisions. City acknowledges and agrees that operational obligations
of Owner may, with or without consent of City, be assigned by Owner to any entity owned or
wholly controlled by Owner or its Members or Hotel Operator of Owner's choice, and, in
connection therewith, such Hotel Operator may assume all or part of Owner's Hotel operation
obligations under this Agreement; provided, however, Owner shall retain ultimate responsibility
for such Hotel operation obligations. City agrees that while any Hotel Operator agreement is in
effect, and provided that City has been put on notice of such agreement and received contact
information for such Operator, in the event City delivers to Owner of any notice of default as
referenced in either Section 3.1 or 7.9 above, City shall concurrently deliver a copy thereof to the
Operator.
7.13 RESERVED.
7.14 Cooperation. Each party agrees to and shall do and perform such other and
further acts and properly execute and deliver such other and further documents as may be
reasonably necessary, expedient or convenient to implement and/or effectuate the intents and
purposes hereof. City and Owner agree to cooperate with each other and/or with any Mortgagee
or proposed Mortgagee, in a manner consistent with concepts and principles of good faith, fair
dealing and commercial reasonableness, with respect to consideration, implementation and
execution of any modification(s) to this Agreement reasonably requested by the City, Owner,
Mortgagee or proposed Mortgagee.
7.15 Reasonable Approvals. Whenever this Agreement requires or calls for the
approval or consent of any party hereto, such approval shall not be unreasonably withheld,
delayed or conditioned.
7.16 Binding Arbitration. In the event of any dispute or controversy arising out of or
relating to this Agreement, or the breach or performance of it, the parties shall reasonably
attempt to resolve such dispute or controversy without resort to third party review or resolution.
The parties shall first meet and confer on any such dispute or controversy. Such meeting(s) shall
include any principal of the Owner and, at the discretion of the City, may include the City
Manager and/or the City Council, either as a whole or through an ad hoc subcommittee
designated by the City Council. Upon a determination by the parties that they are or will be
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unable to resolve the dispute or controversy on their own, then the parties shall submit the
dispute, controversy or any remaining unresolved matter to binding arbitration, to be held in the
Coachella Valley, and be conducted pursuant to the Commercial Arbitration Rules of the
American Arbitration Association.
7.17 Incorporation of Recitals and Exhibits. Each of the recitals set forth above and
each of the exhibits attached hereto are agreed to and made part of this Agreement.
7.18 Authority. Each party represents and warrants to the other that such party has full
right, power and authority to sign, execute and enter into this Agreement.
[END -- SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the City and Owner have executed this Operations Covenant
by duly authorized representatives on the date first written hereinabove.
"CITY"
THE CITY OF PALM SPRINGS,
a municipal corporation and charter city
By: 7
DAVID H. READY
City Manager
ATTEST:
APPROVED BY MY COUNCIL
Kathleen D. Hart o2•IJ• Ill�f(7 �9ya
Interim City Clerk
APPROVED AS TO FORM:
WOODRUFF, 5 DLIN & SMART
By: i
Dougl . Holland, sq.
City Afttomey
"OWNER"
Alco-uv rw Spnvu1sl LLCM
Title: 4t iX" e')('
By:
ame: Gst z-f2--
Title: P/r� D/vn�F7L
[END OF SIGNATURES]
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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.
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
State of California )
County of Riverside ) ss.
City of Palm Springs )
On February 22, 2017, before me, KATHLEEN D. HART, INTERIM CITY CLERK, CITY OF
PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally know is
the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his official and authorized capacity
on behalf of the City of Palm Springs, a California Charter City.
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 the official seal of the City of Palm Springs, California, this 22th day of
February, 2017.
�O*q PA M sp9
.y
V N
D /"� ik C04ORPt4 G'a0
Signature: C•Q�I F O RN`P R
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
City of Palm Springs, California
Title or Type of Document
OPERATIONS COVENANT WITH ALCAZAR PALM SPRINGS, LLC
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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 �i ✓EiL�/l/� )
—�
On e� G 20 beforeme, fia/�Al J;aI �lr� 5 z&,,,(,://� 2✓ ,
fe // Here Insert Name and Title of the Officer
personally appeared ( ��QO h 129
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the personX whose nameog isIpW
subscribed to the within instrument and acknowledged to me that$ /she/t* executed the same in
L ther/thOG authorized capacity(k@ ),and that by h)cVher/tP nV signatureKon the instrument the person(s ,
or the entity upon behalf of which the person*lacted, 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.
ROBIN JILL WATKINS
comasslon N 2082685 Z WITNESS my hand and official seal.
Notary vildo-County
>
i RWenida Co t 1
UV Carve. Im Oct 19,2D1B Signat h,
Sigrna�#of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document //7 y
Title or Type of Document: ( O{/h/,V,4 (t Document Date: &121
Number of Pages: /2- Signer(s) Other Than Named Above:
Capacity(ies) Claamed by Signers) �
Signer's Name:e/'/20/ /C �.'�fh7 ner Na
❑ Corporate Officer — Title(s): ❑ rpor e O 'cer — itle
Partner — invited El General a er ❑ L ited G peral
❑ Individual ❑Attorney in Fact ❑ I ivi al Attorn in Tact
❑Trustee ❑ Guardian or Conservator G Tr tee ❑ ardia r Coesery or
❑ Other: Othe
Signer Is Representing: _ 5 Sig er Is epr enti
02014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907
CALIFORNIA ALL-PURPOSE AC K NO W LE DG M ENT CIVIL CODE&1189
A notary public or other officer completsif this ceraftcate venfEes only the identity of the ihvAW rho signed the
dmaigw to which this cerefrahe is attached, and not the tntthfulness,accuracy, cr ubdits ofthat document
State of California
Gnuntu„oS
0, -14 1 before me L
ateHAre insert Name and Title of the Ofticer
p 3�e '..,nBRe sl I(. y-a Ln 7_ 1re�
Name(s) of Sicner(s)
tvdio proved to me on the basis of satisfactory evidence to be the pe ri(s} %hose narriP(s�\
subs ed to the within instnmtent and acknowl d d to me that�exemted the same in
tnhorized capacity{7e5l and that by the si>;tiatin the instnnttent the personj -
or a entity upon behalf of%such the person�s5a to executed the nutnnnent.
certify rmdet...PT'M'AL, OF PERJURY tinder the lass
of the State of California that the foregoing paragraph
is true and correct.
11iACY 0.TOM WITNESS my barAapd official seal.
NOWy Public•CMIonM�
zal RMnIM Cotrlllr
CaaaMwlon f p15{Y01 Signature eT
Catttw. Jw1J40t0 Sicnatureor Notary Pubiic
Place Notary SealAbove
OPTIONAL
Though this section is optional,comptefinq this information can deter alteration of the document or
ydWcpd reattachment of this form to an unintended document.
Descri ption of Attached Doc ant /
Tide or Ty "f Doc ent: Dactmrent Date: I[J8 17
Number of.Pages' �� Sign r(s) Other Than Named Above: — A) ! A
�ativltsf.I Clai 6d bySjqnerfsl
Sizw_k, te: L1ra %mer_s iarus:
❑Corporate Officer—Title i): ❑Corporate Officer—Title(s): _
❑Partner— ❑Luxuted ❑General ❑Partner — ❑Lunited ❑Gen
[Individual ❑Mpma f Fact ❑Individiras ❑Attome. Fact
❑Tnistee ❑Guardian or Conservator ❑Tnrstee ❑Cru an or Conservator
❑Other ❑ Other:
Silaier-.Is.Renresentine: �iZpgx ,Is Represe g:
92014Y=mal Notary Association-xuu:INational\otan.o:¢ • 1-800-IISNOTARY (1-800 876-6827) Item 5907
915229.03;OC OPERATIONS COVENANT
370971-00003 2-10-11 d.e/Irv-5-2-13,cvh -13- FOR HOTEL INCENTIVE PROGRAM
EXHIBIT "A"
LEGAL DESCRIPTION OF SITE
That certain real property located in the City of Palm Springs, County of Riverside, State
of California, more particularly described as:
1.09 ACRES M/L IN POR LOTS 16, 17, 18 &19 BLK B MB 016/045 PALM SPRINGS ESTATES 2
ASSESSOR'S PARCEL NO. 505-303-037
EXHIBIT"A" OPERATIONS COVENANT
Y 15229A3%OC FOR HOTEL INCENTIVE PROGRAM
3 709 71-0000312-1 0-1 1-dmcJlry -I-