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A6866 - WESSMAN HOLDINGS - THE CENTER
THE CENTER CITY OF PALM SPRINGS 174 N. PALM CANYON SUITE #5 ARTICLE 1 . PARTIES----------------------------------------------2 ARTICLE 2 . PREMISES---------------------------------------------2 ARTICLE 3 . USE--------------------------------------------------2 ARTICLE 4 . MINIMUM RENT-----------------------------------------2 ARTICLE 5 . TERM-------------------------------------------------3 ARTICLE 6 . SECURITY DEPOSIT ------------------------------------3 ARTICLE 7 . ADDITIONAL CHARGES-----------------------------------4 ARTICLE 8 . USES PROHIBITED--------------------------------------6 ARTICLE 9 . COMPLIANCE WITH LAW----------------------------------7 ARTICLE 10 . ALTERATIONS AND ADDITIONS----------------------------7 ARTICLE 11 . REPAIRS----------------------------------------------7 ARTICLE 12 . LIENS------------------------------------------------8 ARTICLE 13 . ASSIGNMENT AND SUBLETTING----------------------------8 ARTICLE 14 . HOLD HARMLESS----------------------------------------8 ARTICLE 15 . SUBROGATION------------------------------------------9 ARTICLE 16 . LIABILITY INSURANCE----------------------------------9 ARTICLE 17 . UTILITIES--------------------------------------------9 ARTICLE 18 . PERSONAL PROPERTY TAXES-----------------------------10 ARTICLE 19 . RULES AND REGULATIONS-------------------------------10 ARTICLE 20 . HOLDING OVER----------------------------------------10 ARTICLE 21 . ENTRY BY LANDLORD-----------------------------------10 ARTICLE 22 . TENANT' S DEFAULT------------------------------------10 ARTICLE 23 . REMEDIES IN DEFAULT---------------------------------11 ARTICLE 24 . DEFAULT BY LANDLORD---------------------------------12 ARTICLE 25 . RECONSTRUCTION--------------------------------------12 ARTICLE 26 . EMINENT DOMAIN--------------------------------------13 ARTICLE 27 . PARKING AND COMMON AREAS----------------------------13 ARTICLE 28 . SIGNS-----------------------------------------------14 ARTICLE 29 . DISPLAYS--------------------------------------------14 ARTICLE 30 . AUCTIONS--------------------------------------------14 ARTICLE 31 . HOURS OF BUSINESS-----------------------------------14 ARTICLE 32 . MERCHANTS' ASSOCIATION------------------------------14 ARTICLE 33 . REDEVELOPMENT---------------------------------------15 ARTICLE 34 . GENERAL PROVISIONS----------------------------------15 ARTICLE 35 . BROKERS---------------------------------------------18 SIGNATURE PAGE ----------------------------------------------------18 EXHIBIT "A" PREMISES--------------------------------------------19 EXHIBIT "B" DESCRIPTION OF LANDLORD' S WORK AND TENANT' S WORK----20 1 THE CENTER CO MERCIAL LEASE 1 . PARTIES . This Lease, dated as of this 218T day of MAY, 2014, is made by and between WESSMAN HOLDINGS, LLC dba THE CENTER, (herein called "Landlord") and CITY OF PALM SPRINGS VILLAGE FEST, (herein called "Tenant" ) . 2 . PREMISES. Landlord does hereby lease to Tenant and Tenant hereby leases from Landlord that certain space (herein called "Premises") , containing approximately 1,200 SQUARE FEET of floor area, located where indicated on Exhibit "A" attached hereto and incorporated by reference herein. Said Premises are located at THE CENTER 174 N. PALM CANYON SUITE #5 in the City of Palm Springs, County of Riverside, State of California. (As used herein, "Shopping Center" shall mean The Center Buildings and the land and improvements located therein, and "Building" shall mean the approximate 50, 092 square feet of gross leasable square footage constructed in the Shopping Center. ) This Lease is subject to the terms, covenants and conditions herein set forth and the Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed. 3. USE . Tenant shall use the Premises for STORAGE and shall not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. 4 . MINIMUM RENT. 4 .A. Tenant agrees to pay to Landlord as Minimum Rent, without notice or demand, the monthly sum of ONE AND 00/100 DOLLARS ($1 . 00) , in advance, on or before the first day of each and every successive calendar month during the term hereof, except the first month' s rent shall be paid upon the execution hereof. The rental shall commence (check applicable box) : [XX] On MAY 1, 2014, the Premises are being leased in an "AS-IS" condition or subject only to such incidental work as is to be performed by Landlord prior to said date (this work, if any, to be set forth in the attached Exhibit "B" and in this latter event, the rental shall commence on said date. ] days after substantial eempleVen of Landless ' s fierk are set ferth in Exhibit "B'' attaehed her-ete and ineerperated he by _efer....__ __ when the Tenant epens fee business, ::hiehc_vcr is seeneE. La-ndlerd agrees that it will, t its sele eest -aix'�'r expense as seen as is reasenably pessible after the vii vi this lease, ee mxcnee—aid pursue t e e,•••pl et ; en +h^ KpEeveme +,. z2--be—ereeted by Land ead to the extent -�sewn - n the. att-... Exhibit "B" labeled "DeseEiplien ..£ T -.n dl er d ' s Weak and Tenant ' weak" . The—term.��subst�.�—eempletien e€ the Rises - deed as�edate es whi h randlerd . its Arehdteet netd £: Tenant in writingthat the Premises are substantially ee:,;p! to the extent ef handlers ' s were=;e_-: £d ed in Exhibit "B" he-Eee£,with tie exee-ptie-rye£ such weak as iandlerd Tenant eemplete until Tant perform.. ......�.r.ary peEh ens of its weak. xcrRrir- s-h'crr e6mixcix2e the -=-.=starx-aavr 6f fixtures, e qirm_ aid— any e€ Tenant ' s Weak as set ferth in said Exhibit "B" F r^mptl „ iipen substantial ___ _ 1e+_en e€�l-erd ' 5 Weakin tt.„ Premises and shall diligentlypreseeute sweh installatie3 to eempletie-n, aid shall _pen the Premises €ei`—business—net Vccr than the emplEaVen ef said 2 Rent for any period which is for less than one (1) month shall be a prorated portion of the monthly installment herein based upon a thirty (30) day month. Said rental shall be paid to Landlord, without deduction or offset, in lawful money of the United States of America and at such place as Landlord may from time to time designate in writing. 4B.THE MINIKRI EN AL-as set€erthA. awe-slyall lee 1'T�TCeiZr'eased if the Ge•SSsumer Pr: ee index - Les Angeles Long Beae f Ain[G1\'ieim, Galifer is - All Urban G.....,.,...ers (T..dem) as ubl : .,l.....1 L... th-e United T} ,,,} TaL.erI f babes }ishies, F3n��8-taffies £<e�a_ _-� �-s Bureau e�B��zTC inereases ever the base-peried-index. The base peried index shall be the index for the—ea-1end « en}h .. hieL. is four months=prier to the menth in ..L ieh rentals eefFffienee. The base peried index •L•uTt� '-rrr—kJC eempared with the index for thesame—edl"ar meit'ri—ivr—e$cir subsequent year (eemparisen menth) . if the index for any eempar±sen me"}xxt is higher than the base pe« ed index, the then minimu for the next lee Wereased by the J-dentlea i__ _enr j eemmeneing with the next rental eemmeneement month. in ne event Shall—the—minimum Rental be less than the :um ___ e ffeet preeeding twelve 2'7 menth peried. Gy way of illustravien Tenant eemmeneed paying rent in 4une of 'mother--tn"base=_ee index is that fer-February- 1977 (assume 176. 3) and that inde��_ be eempared te the index for February 1978 (assume an beeause the Tex for February is 5 . 39% higher, the Minimum rental eemmeneing 4une, 1978, shall be 5 . 39% h4-�--.likew-ee index fee February shall be eempared with the index 38*— S h..0 d the {]�� .-lam } he b g the Y.eye T.,.-1... publish same .Tl"CZ$F'�1�TCI�IamT�CIC(G�vL ash same less frequently, or alter-same- in some-ethe-r-�, then handlerd Shall adept a substitute presedure whieh re`�ts and monitors eensamer przees and minimum rent sha'=>—be 5. TERM. The lease term shall be MONTH TO MONTH commencing on MAY 1, 2014 , plus the partial month in which the rental commences, if applicable. The parties hereto acknowledge that certain obligations under various articles hereof may commence prior to the lease term, i . e. , construction, hold harmless, liability insurance, etc. , and the parties agree to be bound by these articles prior to commencement of the lease term. Tenancy is month to month, either party may terminate the lease with sixty (60) days written notice. 6. SECURITY DEPOSIT. Concurrently with Tenant ' s execution of this lease, Tenant has deposited with Landlord the sum of ZERO AND 00/100 DOLLARS ($0 . 00) . Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to the provisions relating to the payment of rent, Landlord may (but shall not be required to) use, apply or retain all or any part of this security deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant ' s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant ' s default . If any portion of said deposit is so used or applied Tenant shall, within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the security deposit to its original amount and Tenant ' s failure to do so shall be 3 a default under this Lease. Landlord shall not be required to keep this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit . If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the security deposit or any balance thereof shall be returned to Tenant (or, at Landlord' s option, to the last assignee of Tenant ' s interest hereunder) within ten (10) days following expiration of the Lease term. In the event of termination of Landlord' s interest in this Lease, Landlord shall transfer said deposit to Landlord' s successor in interest. 7.. ADDITIONAL CILARG$S. 7 .A. a • t • en to the Minimum mum Rent to be paid byTens pO sOant to Artiele 4, Tenant shall pay te T -... dl erd at the time and in e manner herein speeded addi ti ena' rent in an ameant % e€ the ameunt e€ Tenant ' s guess sales made in, open at fees h Premises during eaeh eal endar year e€ the Lease se tam the aggregate ameunt e` the Minimum Re sly id i�r s r� F said ea' endaryear. (Fen example, if Tenant ' s gress sale ''•,"' "'g he initial ea' endaryear eF the ' ease tetaled (N��Tenant ' s teta' rent for that year, emelading add stment Ws ibe -1 n belew, weu' d be an ameunt equal te�T) F " v . Within thirty (30) days after the end ef eaeh ealen menth F ll - - eemmeneement A tents, Tenant shall FOrn' eh to LandleEd a statement in Ear' t ng, eertified by Tenant `e be duringshewing the tetal guess sales made in, open, en free the Premises the=pneeedi ng ea' endan menth and shall aeeemgany---suer statement with a pe eentage eF the l tetal nthl guess ale d in, open at F.- the Premises during sues preeeding ealendar menth, less the Minifen sueh menth, if The term "gress sales" as used in this lease shal-l- inelude the entire guess _ pts eg every kind and nature frvii ..ruin and sere ' ees made in, open, an Frem the Premises, whetherape at far Bash, in every department—ege=ating in the Premises, whether &wry�—Qq"— eeneessienalre at eeneess' enaires exeept' ng th fe Tres any rebates refundsanNer eusteme s and the ameunt e€ all sales tax = p which has t—ne—ae.....,...ted fa,- by Tenant toany gevernmental ageney—Sales Open credit shall be deemed eas-h sales and shall be • ne' uded : n the guess sales get the peried %k eh the merehanda-se is ''�er,`d—te the astemer, whether at net title te the meEehandise passes with 6d"elf-v�e*Y_ The Tenant shall keep full, eemplete and preperbeek ee ds and aeeeunts eF its daily gress sales, bath fee eash and eredit, 6f eaeh separate department, subtenant, and eeneessienaire agents,eperated at any time in the Premises . The Landlend, its empleyees and greund lessees, if any, shall have the eight at any and all„ times, during the regular business hews, t n en all of the beaks— and reeerdS 60 Tenant, ineluding any—sales—tam repents pertaining to the business e€ the Tenure` eendoeted in-,upen Tree the Premises, far the—Purpese e€ investigating and "�'Wyla the aeeuraey e f any statement efguess sales . The '' and" erd • n a ea' endar year eause an audit of the business eg Tenant `e be gress salesprevieysly made to handlerd shall be to be i-naeeurate, tr''icn and in that event there— ha-call be an adjustme nt�-Rd 4 ( 71 ) 0 E 41 43 4j 4 7 44 5 4 1 44 4 f .1 41 4 4 7 1)4 c)�) t Y) A )4 0 44 f 1 4) 0 4J 4 j 4) 4 41 4 75 $4 4 4 () m 4 4) 1 54 fi 7 S4 4J 44 Q -rj r3 4) )4 4 f)4 S 5 44 4 M, 44 4 4) 4 4 �)4 r 4 4 0 4) )4 1 () 0 $4 75 (1 $4 4 5 4 J o 4 4 f I r A 4 o f I) 75 4 4 g 4 0 4 1 41 5 4 C4 7 4) r 4 43 1 4 0 4) )4 4) (I 7 4 44 4) $4 $4 4 4 3 4) $4 75 4 4j )4 4 4) 4) 14 44 4, X 7 i 4 4 �4 4) () cl 4 1 $4 MI $4 43 44 41 :1 1) 4 �4 54 4 4 -rA 0 4 4 )4 4 4 f 4 44 4 41 t 73 4 �4 4 ( 4 4 j 4 j 4 J 4 4 A 7 44 4 M 11 3) 43 )4 4 4 4 0 )4 4 )4 7 $4 4 C 4A 4, 9 4� I �4 5 1 )4 43 75 4 4 J 4 0 4 j 4 71 4 4 4 ( tp m LI, 11 1� 14 43 4 5i 4 o 4 4 )4 1 14 1 -M C 1 (� A 4 4 4 4 7 4 4 43 r 4 5 (4 A A 4 A 4 4 T ) 5 4) 5 K 43 4 4 L 4 y 4 4 4 0 4 4 4 0 4 )4 r 4 4 vied assessed er ifftpesed by, er at the elireetien eF er restiltrdmng frefft statutes er regal at€ens, er interpretatiens +h ree f p_ ul gated e€ the effill e v}ee areas serving the Premises . AI": eests to supervise, manage and adm4mnister the eeff&ften areas, sidewalks, driveways sere€ee areas anal they areas used: in eemmen by e r fer the benefit of the tenants administer iteffts (-i-) threagh- (rv) abeve Said eests shallelude sueh fees as 1 be r aid te a third party in eenneetien with saffte anel shall in any event ifielude a Fee +e LandAmerd +. supervdmse and ( administer stems-sameeat-n eQual t te n en pereent 10%) e�f theteta � �� 11 Ugen eemmeneement e€-rental €,ate. her ubfRit e Tenant a statement e€ the antieipated nthl . a I + + fee the shall pay these AdjustiRents en a n hl . basis eeneurrently with the payment eF the Pent Tenant shall eentinue te make id enthl „ e€ eaeh-wear, T and' erd shall endeaver to give Tenant- a stat ...,ent shiewlng the tetal Adjustments €ems—the Shepping GenteE fe f the p" ealendar year andTenant ' s al eeab' e share thereef, ,tell ffe, _moo Penffaeneeifient F nta' n the event the teta' e€ the—menu y payffients whieh Tenant has made Fer the prier ealendar be less than the etua' share eF sueh Aeljustments then Tenant shall pay the d ffe epee = n a iump sufa wd:th4:n +,.n days after _ p+ eF such stateffient F em Landlerd and shall: eeneurrently ay the d ' FF nee in ffienthlypayments whi eh are then it e,,, +e, nthl . Pseljustments based en the prier year ' s . _11— Any ever payment P m' ng due The Adjustments—€er the—der year shall he used Fer purreses ..F ealeiiiating the ,.t4 then eurrent year with aetual determinatien ef sueh Adjustments after eaeh ea' endar year as abeve—ppprev' ded Even tithe term has e p±red and Tenant has vaeated the Prises when the deterfftdmnatien is made ef Tenant ' s share ef said PA-Justfftentrs fer the year n whieh this lease terminates, Tenant shall Tediate' y pay any €ne h st€mated Adjustments previeusly paid n&r eenversely, any ever-payment made shall be iffffftedlatelmy rebated by id' rd to Tenant. Failure e eF T and' erd to submit statements Palled ealled fer shall net 19e deemed to be a wavier e€ Tenant ' s 8 . USES PROHIBITED. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which is not within the permitted use of the Premises or which will in any way increase the existing rate of or affect any fire or other insurance upon the Building or any of its con- tents, or cause a cancellation of any insurance policy covering said Building or any part thereof or any of its contents . Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose; nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises . Tenant shall not commit or allow to be committed any waste in or upon the Premises . 6 9 . COMPLIANCE WITH LAW. Tenant shall not use the Premises, or permit anything to be done in or about the Premises, which will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements of any board of fire underwriters or other similar bodies now or hereafter constituted relating to or affecting the conditions, use or occupancy of the Premises, excluding structural changes not related to or affected by Tenant ' s improvements or acts . The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact as between Landlord and Tenant . 10 . ALTERATIONS AND ADDITIONS . Tenant shall not make or allow to be made any alterations, additions or improvements to or of the Premises or any part thereof without first obtaining the written consent of Landlord and any alterations, additions or improvements to or of said Premises, including but not limited to wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of the realty and belong to Landlord and shall be surrendered with the Premises . In the event Landlord consents to the making of any alterations, additions or improvements to the Premises by Tenant, the same shall be made by Tenant at Tenant ' s sole cost and expense . Upon the expiration or sooner termination of the term hereof, Tenant shall, upon written demand by Landlord, given at least thirty (30) days prior to the end of the term, at Tenant ' s sole cost and expense, forthwith and with all due diligence, remove any alterations, additions, or improvements made by Tenant, designated by Landlord to be removed, and Tenant at its sole cost and expense, repair any damage to the Premises caused by such removal. 11 . REPAIRS. 11 .A. By entry hereunder, Tenant shall be deemed to have accepted the Premises in "AS-IS" condition. Tenant shall, at Tenant ' s sole cost and expense, keep the Premises and every part thereof in good condition and repair including without limitation, the maintenance, replacement and repair of any storefront doors, windows, window casements, glazing, plumbing, pipes, electrical wiring and conduits, heating and air conditioning system. Tenant shall pay for a service contract for maintenance of said system, said maintenance contract to conform to the requirements under the warranty, if any, on said system. Tenant shall pay fer the maintenanee ser-v±ee—as defined 7 .B. Tenant shall, upon expiration or sooner termination of this lease hereof, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Any damage to adjacent premises caused by Tenant ' s use of the Premises shall be repaired at the sole cost and expense of Tenant . ll .B. Landlord shall repair and maintain the structural portions of the Building in which the Premises are located, including the exterior walls and roof and bill the same as an Adjustment as provided in 7 . B. above, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Tenant, its agents, servants, employees, invitees, or any damage caused by breaking and entering, in which case Tenant shall 7 pay to Landlord the actual cost of such maintenance and repairs . Landlord shall not be liable for any failure to make such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 25 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant ' s business arising from the making of any repairs, alterations, or improvements in or to any portion of the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. To the extent allowed by Law, Tenant waives the right to make repairs at Landlord' s expense under any law, statute or ordinance now or hereafter in effect . 12 . LIENS. Tenant shall keep the Premises and the property in which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant . Landlord may require, at Landlord' s sole option, that Tenant shall provide to Landlord, at Tenant ' s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1-1/2) times the estimated cost of any improvements, additions, or alterations in the Premises which Tenant desires to make, to insure Landlord against any liability for mechanics ' and materialmen' s liens and to insure completion of the work. 13. ASSIGNMENT AND SUBLETTING. Tenant shall not either voluntarily, or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, and shall not sublet said Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants and invitees of Tenant excepted) to occupy or use said Premises, or any portion thereof, without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld. The consent to one assignment, subletting, occupation or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Consent to any such assignment, or subletting shall in no way relieve Tenant of any liability under this Lease. Any such assignment or subletting without such consent shall be void, and shall, at the option of Landlord, constitute a default under the terms of this Lease. In the event that Landlord shall consent to a sublease or assignment here-under, Tenant shall pay Landlord, One Thousand Dollars ($1, 00 . 00) , incurred in connection with the processing of documents necessary to giving of such consent . 14 . HOLD HARMLESS. Tenant shall indemnify and hold harmless Landlord against and from any and all claims arising from Tenant ' s use of the Premises or from the conduct of its business or from any activity, work, or other things done, permitted or suffered by Tenant in or about the Premises, and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default in the performance of any obligation on Tenant ' s part to be performed under the terms of this Lease, or arising from any act or negligence of Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, attorneys ' fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon and in case any ag ainst Landlord b action or proceeding be brou ht g g Y reason of such claim, and Tenant, upon notice from Landlord shall defend the same at Tenant ' s expense by counsel reasonably satisfactory to Landlord. 8 Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises, from any cause other than Landlord' s negligence; and Tenant hereby waives all claims in respect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accident in the Premises . Landlord or its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servants or employees. Landlord or its agents shall not be liable for interference with the light, air, or for any latent defect in the Premises . Landlord or its agents shall not be liable for any loss, damage or injury to the property or person of any person whomsoever at any time occasioned by or arising out of any act or omission of the Tenant, or of anyone holding under Tenant or the occupancy or use of the Premises or any part thereof or the parking lot by or under the Tenant, or directly or indirectly from any state or condition of the Premises or any part during the term of this Lease. 15 . SUBROGATION. As long as their respective insurers so permit, Landlord and Tenant hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties . Each party shall apply to their insurers to obtain said waivers . Each party shall obtain any special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver. 16. LIABILITY INSURANCE. Tenant shall, at Tenant ' s expense, obtain and keep in force during the term of this Lease a policy of comprehensive public liability insurance insuring Landlord, Tenant and Property Manager (if any) against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto . Such insurance shall be in the amount of not less than $1 ,000 ,000 COMBINED SINGLE LIMIT OF LIABILITY FOR BODILY INJURY AND PROPERTY DAMAGE. The limit of any such insurance shall not, however, limit the liability of Tenant hereunder . Tenant may provide this insurance under a blanket policy, provided that said insurance shall have a Landlord' s protective liability endorsement attached thereto. If Tenant shall fail to procure and maintain said insurance, Landlord may, but shall not be required to procure and maintain same, but at the expense of Tenant . Insurance required hereunder shall be in companies rated A:V or better in "Best ' s Key Rating Guide" . Tenant shall deliver to Landlord, prior to right of entry, copies of policies of liability insurance required herein or with loss payable clauses satisfactory to Landlord. No policy shall be cancelable or subject to reduction of coverage . All such policies shall be written a primary policies not contributing with and not in excess of coverage which Landlord may carry. 17 . UTILITIES. Tenant shall pay for all water, gas, heat, light, power, sewer charges, telephone service and all other services and utilities supplied to the Premises, together with any taxes thereon. If any such services are not separately metered to Tenant, Tenant shall pay a reasonable portion to be determined by Landlord of all charges jointly metered with other premises . 9 18 . PERSONAL PROPERTY TAXES. Tenant shall pay, or cause to be paid, before delinquency any and all taxes levied or assessed and which become payable during the term hereof upon all Tenant ' s leasehold improvements, equipment, furniture, fixtures, and any other personal property located in the Premises . In the event any or all of Tenant ' s leasehold improvements, equipment, furniture, fixtures and other personal property shall be assessed and taxed with the real property, Tenant shall pay to Landlord its share of such taxes within ten (10) days after delivery to Tenant by Landlord of a statement in writing setting forth the amount of such taxes applicable to Tenant ' s property. 19. RULES AND REGULATIONS . Tenant shall faithfully observe and comply with the rules and regulations that Landlord shall from time to time promulgate and/or modify. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant. Landlord shall not be responsible to Tenant for the nonperformance of any said rules and regulations by any other tenants or occupants . 20 . HOLDING OVER. If Tenant remains in possession of the Premises or any part thereof after the expiration of the term hereof with the express written consent of Landlord, such occupancy shall be a tenancy from month to month at same the amount of the last monthly Minimum Rent, plus all other charges payable hereunder, including, without limitation, percentage rent and Adjustments, and upon all the terms hereof applicable to a month to month tenancy. 21 . ENTRY BY LANDLORD. Landlord reserves, and shall at any and all times have, the right, but not the obligation, to enter the Premises to inspect the same, to submit said Premises to prospective purchasers or tenants, to post notices of non-responsibility, to repair the Premises and any portion of the building of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be unreasonably blocked thereby, and further providing that the business of Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant ' s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant ' s vaults, safes and files, and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency, in order to obtain entry to the Premises without liability to Tenant except for any failure to exercise due care for Tenant ' s property and any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof. 22 . TENANT' S DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant . 22 .A. The vacating or abandonment of the Premises by Tenant . 22 .B. The Failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder, as and when due. 10 22 .C. The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant, other than described in Article 22 . B. above, where such failure shall continue for a period of thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of Tenant ' s default is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure to completion. 22 .D . To the maximum extent allowed by law, the making by Tenant of any general assignment or general arrangement for the benefit of creditors; or the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days) ; or the appointment of a trustee or a receiver to take possession of substantially all of Tenant ' s assets located at the Premises or of Tenant ' s interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Tenant ' s assets located at the Premises or of Tenant ' s interest in this Lease, where such seizure is not discharged within thirty (30) days . 23. REMEDIES IN DEFAULT. In the event of any such default or breach by Tenant, Landlord may at any time thereafter, in his sole discretion, with or without notice or demand and without limiting Landlord in the exercise of any other right or remedy which Landlord may have by reason of such default or breach: 23.A. Terminate Tenant ' s right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant ' s default including, but not limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises; reasonable attorneys ' fees; that portion of any leasing commission paid by Landlord and applicable to the unexpired term of this Lease; and (1) the worth at the time of award of the unpaid rent and other charges and adjustments which had been earned at the time of termination; (2) the worth at the time of award of the amount by which the unpaid rent and other charges and adjustments which would have been earned after termination until the time of award exceeds the amount of such rental loss that the Tenant proves could have been reasonably avoided; (3) the worth at the time of award of unpaid f the amount b which the aid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and (4 ) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant ' s failure to perform its obligations under the Lease or which in the ordinary course of things would be likely to result therefrom. The "worth at the time of award" of the amounts referred to in subparagraphs (1) and (2) above is computed by allowing interest at the maximum lawful rate. The worth at the time of award of the amount referred to in subparagraph (3) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%) . Unpaid installments of rent or other sums shall bear interest from the date due at the maximum legal rate; or 11 23.B. Maintain Tenant ' s right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises . In such event Landlord shall be entitled to enforce all of Landlord' s rights and remedies under this Lease, including the right to recover the rent and any other charges and Adjustments as may become due hereunder; or 23.C. Pursue any other remedy now or hereafter available to Landlord under the laws or jurisdictional decisions of the state in which the Premises are located. 24. DEFAULT BY LANDLORD. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord' s obligation is such that more than thirty (30) days are required for performance then Landlord shall not be in default if Landlord commenced performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. In no event shall Tenant have the right to terminate this Lease as a result of Landlord' s default and Tenant ' s remedies shall be limited to damages and/or injunction. 25. RECONSTRUCTION. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Minimum Rent from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by Tenant to the Premises . If the damage is due to the fault or neglect of Tenant or its agents, employees, guests, invitees, or customers, there shall be no abatement of rent. In the event the Premises are damaged as a result of any causes other than the perils covered by fire and extended coverage insurance, the Landlord shall forthwith repair the same, provided the extent of the destruction be less than ten percent (10%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to an extent of ten percent (10%) or more of the full replacement cost then Landlord shall have the option to ( 1) to repair or restore such damage, this Lease continuing in full force and effect, but the Minimum Rent to be proportionately reduced as hereinabove in this Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice . In the event of giving such notice, this Lease shall expire and all interest of Tenant in the Premises shall terminate on the date so specified in such notice and the Minimum Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by Tenant in the Premises, shall be paid up to the date of such termination. Notwithstanding anything to the contrary contained in this Article, Landlord shall not have any obligation whatsoever to repair, 12 reconstruct or restore the Premises when the damage resulting from any casualty covered under this Article occurs during the last twenty-four (24) months of the term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any leasehold improvements, fixtures, or other personal property of Tenant. 26. EMINENT DOMAIN. If more than twenty-five percent (25%) of the Premises shall be taken or appropriated by any public or quasi- public authority under the power of eminent domain, either party hereto shall have the right, at its option, within sixty (60) days after said taking, to terminate this Lease upon thirty (30) days written notice. If either less than or more than 25% of the Premises are taken (and neither party elects to terminate as herein provided) , the Minimum Rent thereafter to be paid shall be equitably reduced. If any part of the Shopping Center other than the Premises may be so taken or appropriated, Landlord shall within sixty (60) days of said taking have the right at its option to terminate this Lease upon written notice to Tenant . In the event of any taking or appropriation whatsoever Landlord shall be entitled to any and all awards and/or settlements which may be given and Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease . 27 . PARKING AND COMMON AREAS. Landlord covenants that an area approximately equal to the common and parking areas as shown on the attached Exhibit "A" shall be at all times available for the non- exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant . Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas, provided, however, that anything to the contrary notwithstanding contained in this Article 27, said parking area or areas shall at all times by substantially equal or equivalent to that shown on the attached Exhibit "A" . CIS ASSIGNED PARKING # ANC— 27A.Pr to the Elate e f Tenant ' s epening fer busdmness 4:n yh i - nell ..i.ei shall: $_-1-2E—Pi-rmT92.9�a�vrCC— caics e Tenant . 27 .B. Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof . 27 .C. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and subtenants, shall have the non- exclusive right in common with Landlord, and other present and future owners, tenants and their agents, employees, customers, licensees and subtenants, to use said common and parking areas during the entire term of this Lease, or any extension thereof, for ingress and egress, and automobile parking. 27 .D. Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges 13 for parking as Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas . Such rules may include but shall not be limited to the following: (1) The restricting of employee parking to a limited, designated area or areas; and (2) The regulation of the removal, storage and disposal of Tenant ' s refuse and other rubbish at the sole cost and expense of Tenant. 28. SIGNS . Tenant may affix within thirty-six (36) inches of any window or upon the exterior walls of the Premises only such signs, advertising placards, names, insignia, trademarks and descriptive materials as shall have first received the written approval of Landlord as to type, size, color, location, copy nature and display qualities . Anything to the contrary in this Lease notwithstanding, Tenant shall not affix any sign to the roof. Tenant shall, however, erect one sign on the front of the Premises not later than the date Tenant opens for business, in accordance with a design to be prepared by Tenant and approved in writing by Landlord. Tenant agrees to comply with the sign program of the Shopping Center adopted by Landlord. 29. DISPLAYS. Tenant may not display or sell merchandise or allow grocery carts or other similar devices within the control of Tenant to be stored or to remain outside the defined exterior walls and permanent doorways of the Premises . Tenant, further agrees not to install any exterior lighting, amplifiers or similar devices or use in or about the Premises any advertising medium which may be heard or seen outside the Premises, such as flashing lights, searchlights, loudspeakers, phonographs or radio broadcasts . 30 . AUCTIONS. Tenant shall not conduct or permit to be conducted, any sale by auction in, upon or from the Premises whether said auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors or pursuant to any bankruptcy or other insolvency proceeding . 31 . HOURS OF BUSINESS. Subject to the provisions of Article 25 hereof, Tenant shall continuously during the entire term hereof, conduct and carry on Tenant ' s business n the Premises and shall keep the Premises open for business and cause Tenant ' s business to be conducted therein during the usual business hours of each and every business day as is customary for businesses of like character in the city in which the Premises are located to be open for business; provided, however, that this provision shall not apply if the Premises should be closed and the business of Tenant temporarily discontinued therein on account of strikes, lockouts or similar causes beyond the reasonable control of Tenant. If applicable, Tenant shall keep the Premises adequately stocked with merchandise, and with sufficient sales personnel to care for the patronage, and to conduct said business in accordance with sound business practice . In the event of breach by Tenant of any of the conditions contained in this Article, Landlord shall have, in addition to any and all remedies herein provided, the right at its option to collect not only the Minimum Rent herein provided, but additional rent at the rate of one-thirtieth (1/30) of the Minimum Rent herein provided for each and every day that Tenant shall fail to conduct its business as herein provided; said additional rent shall be deemed to be in lieu of any percentage rent that might have been earned during such period of Tenant ' s failure to conduct its business as herein provided. 32 . HERGHANTS' "SSOCI7k'TION if a ffiajeiaity e€ tenants in the CL......p ing Genteia shall detezrn====e t it � the t best interests e f -,-.,has� — 14 the -91:i^p -C -- --- - Te=xa=^ ca=� iz e xrlsi.�.,T.�� : a�ne -- tieipette fully n, and -ema tea--geed s€�e' - the Mer-eh a ts ' Assee ;-tier has seen as the same has 19een—€ems-med) erganized fe tenants eeetipy±ng pL=efalses imx the—Shopping Eenter-, and Tenant will by t___ _ _ l tome.9 ourh TS96ci-a-tie-n Eaeh ffiefRber Tenant S-ha-r rl have ene(r vete, and1,andlerd shall: almse—have—ene (1) vets—the eperatien e€ Said Asseeiatien. Themee jeets of sush r,., ee4at 4:e , shall eustemers, to eneeurage ethieal business—praetiees and te assist the business e€ the tenants bar—sales—prefftet=dmen and ee e advertising. agrees—tea pay minimttm Blues tre the M erehan. .s ' Assee-liatl$n, pfey ,-ted h..,.,,-,yer, that in ne event shall the elues paid by Tenant —€1sealu : year of saiel Assee=at=en be in emeess of t y t �r square w� l t e Tenanit— t�--�.rs . �&)—g�•- sag.,,-� €�� e€ P-ren,rses�eased Default in---payfaent—e€ dues ftt shall: be La e t��re,�� 3-'•'�r s — anner ate Eie fa1. x rent with like_ith-� rights eg ndl and at its eptien to the eelleetien thereof en behalf of the Mer-ehhants ' Assee-l-a-tier. 33 . REDEVELOPMENT. If, at any time during the term of this Lease, Landlord elects to initiate efforts to proceed with proposed redevelopment of the Shopping Center, or any portion thereof that Landlord determines, in Landlord' s sole discretion, might in any way involve or affect the Premises, Landlord may terminate this Lease by delivery to Tenant of a Notice of Termination which specifies a Termination Date not sooner than sixty (60) days after such delivery. If Landlord delivers such Notice of Termination, this Lease shall expire as of the specified Termination Date, and Tenant shall vacate the Premises by no later than such Termination Date. Tenant will have the right, for a period of ten (10) days after receipt of any such Notice of Termination, to deliver to Landlord written notice that Tenant desires to negotiate with respect to leasing different (replacement) space . If Tenant delivers such notice, then Landlord will, for a period of thirty (30) days thereafter, negotiate with Tenant with respect to the possibility of leasing different space, either within any portion (if any) of the Shopping Center that will not be involved with or affected by proposed redevelopment, or within another shopping center owned or controlled by Landlord within the downtown Palm Springs area. Anything above to the contrary notwithstanding, Landlord agrees to not deliver any such Notice of Termination before 2016. 34 . GENERAL PROVISIONS . (i) Plats and Riders . Exhibits, clauses, plats, riders and addendums, if any, affixed to this Lease are a part hereof . (ii) Waiver. The waiver by Landlord of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding default by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord' s knowledge of such preceding default at the time of the acceptance of such rent . (iii) Joint Obligation. If there be more than one Tenant, the obligations hereunder imposed shall be joint and several . (iv) Marginal Headings . The marginal headings and article titles to the articles of this lease are not part of the Lease and 15 shall have no effect upon the construction or interpretation of any part hereof. (v) Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor. (vi) Successors and Assigns . The covenants and conditions herein contained, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto. (vii) Recordation. Neither Landlord nor Tenant shall record this Lease . (viii) Quiet Possession. Upon Tenant paying the rent reserved hereunder and observing and performing all of the covenants, conditions and provisions on Tenant ' s part to be observed and performed hereunder, Tenant shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Lease . (ix) Late Charges . Tenant hereby acknowledges that late payment by Tenant to Landlord of rent or other sums due hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or any sum due from Tenant shall not be received by Landlord or Landlord' s designee when due, Tenant shall pay to Land- lord a late charge equal to the maximum amount permitted by law (and in the absence of any governing law, ten percent (10%) of such overdue amount) , plus any attorneys ' fees incurred by Landlord by reason of Tenant ' s failure to pay rent and/or other charges when due hereunder. The parties hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of the late payment by Tenant . Acceptance of such late charges by Landlord shall in no event constitute a waiver of Tenant ' s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, in the event Landlord incurs any fee with or from Landlord' s financial institution, as a result of Tenant ' s financial institution not honoring Tenant ' s payment to Landlord, Tenant shall also be responsible for paying to Landlord a flat fee of twenty-five dollars ($25.00) per occurrence to cover such fees incurred by Landlord, upon demand. (x) Prior Agreements . This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. No provision of this Lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest . This Lease shall not be effective or binding on any party until fully executed by both parties hereto . (xi) Inability to Perform. This Lease and the obligations of Tenant hereunder shall not be affected or impaired because Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so. If such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of Landlord. 16 (xii) Partial Invalidity. Any provision of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provision shall remain in full force and effect . (xiii) Cumulative Rights . No remedy or election hereunder shall be deemed exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity. (xiv) Choice of Law. This Lease shall be governed by the laws of the State in which the Premises are located. (xv) Attorneys ' Fees . In the event of any action or proceeding brought by either party against the other, under this Lease the prevailing party shall be entitled to recover for the fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the court may adjudge reasonable as attorneys ' fees . In addition, should it be necessary for Landlord to employ legal counsel to enforce any of the provisions herein contained, Tenant agrees to pay all attorneys ' fees and court costs reasonably incurred. (xvi) Sale of Premises by Landlord. In the event of any sale of the Premises by Landlord, Landlord shall be and is hereby entirely freed and relieved of all liability under any and all of its covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the consummation of such sale; and the purchaser, at such sale or any subsequent sale of the Premises shall be deemed, without any further agreement between the parties or their successor in interest or between the parties and any such purchaser, to have assumed and agreed to carry out any and all of the covenants and obligations of Landlord under this Lease. (xvii) Subordination, Attornment. Upon request of Landlord, Tenant will in writing, subordinate its rights hereunder to the lien of any mortgage or deed of trust, to any bank, insurance company or other lending institution, now or hereafter in force against the Premises, and to all advances made or hereafter to be made upon the security hereof. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by Landlord covering the Premises, Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease. The provisions of this Article to the contrary notwithstanding, and so long as Tenant is not in default hereunder, this Lease shall remain in full force and effect for the full term hereof. (xviii) Notices . All notices and demands which may or are to be required or permitted to be given by either party on the other, hereunder, shall be in writing. All notices and demands by Landlord to Tenant shall be sent by United States Mail, postage prepaid, addressed to Tenant at the Premises, and to the address herein below, or to such other place as Tenant may from time to time designate in a notice to Landlord. All notices and demands by Tenant to Landlord shall be sent by United States Mail, postage prepaid, addressed to Landlord at the address set forth herein, and to such other person or place as Landlord may from time to time designate in a notice to Tenant . 17 To Property Management: WESSMAN HOLDINGS, LLC dba: THE CENTER C/O SPINELLO PROPERTY MANAGEMENT, INC. PO BOX 1419 CATHEDRAL CITY, CA 92235 To Landlord: WESSMAN HOLDINGS, LLC 555 S SUNRISE WAY SUITE 200 PALM SPRINGS, CA 92264 To Tenant: CITY OF PALM SPRINGS 3200 4 E. TAH UITZ CANYON WAY PALM SPRINGS, CA 92262 ATTENTION: CITY MANAGER/CITY CLERK (xix) Tenant' s Statement. Tenant shall at any time and from time to time, upon not less than three (3) days prior written notice from Landlord, execute, acknowledge and deliver to Landlord a statement in writing (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) , and the date to which the rental and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Tenant ' s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and © setting forth the date of commencement of rents and expiration of the term hereof. Any such statement may be relied upon by the prospective purchaser or encumbrancer of all or any portion of the real property of which the Premises are a part. (xx) Authority of Tenant. If Tenant is a corporation, each individual executing this Lease on behalf of said corporation represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with the Bylaws of said corporation, and that this Lease is binding upon said corporation. (xxi) Inspection by a Certified Access Specialist ("CASp") . The Premises HAVE NOT BEEN INSPECTED by a CASp. 35 . BROKERS. Tenant warrants that it has had no dealings with any real estate broker or agents in connection with the negotiation of this Lease and it knows of no real estate broker or agent who is entitled to a commission in connection with this Lease. CONSULT YOUR ATTORNEY: If this Lease has been filled in it has been prepared for submission to your attorney for his approval . No representation is made by Landlord or its agents or employees as to the legal sufficiency, legal effect, or tax consequences of this Lease . LANDLORD: TENANT: WESSMAN HOLDINGS, LLC CITY OF PALM SPRINGS dba: THE CENTER By. IHN SSMAN, Name Printed: Y ITS MANAGING MEMBER IT' Sd=UMA City Attorney Review ATTEST: 18 APPROVED BY CITY MANAGER City Clerk a o0 r y�_ � -4LL.- THE CENTER EXHIBIT "A" PREMISES 174 N. Palm Canyon, Suite 5, PALM SPRINGS, CALIFORNIA 92262 aa"m CANYON DRIVE • 1 � dtl f 19 THE CENTER EXHIBIT "B" DESCRIPTION OF LANDLORD' S WORK AND TENANT' S WORK Premises is being delivered to tenant "AS IS". All other work is to be performed by Tenant at Tenant' s sole cost . Tenant shall submit plans and specifications for any and all Tenant Improvements commenced by Tenant to Landlord and where necessary, the City/County and or other applicable government agencies for required approval prior to commencement of work. 20