HomeMy WebLinkAbout05946 - PALM SPRINGS PROMENADE LLC USE AGR FOR EARTH THROUGH A LENS ART SHOW Page 1 of 1
Kathie Hart
From: Michele Mician
Sent: April 20, 2010 8:38 PM
To: Kathie Hart r /�
Subject: Re: A5946 - Palm Springs Promenade ` vph
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Yes Y
Michele Mician, City of Palm Springs CA Sustainability Manager 7603238214
From: Kathie Hart
To: Jennifer Henning; Michele Mician
Cc: Jay Thompson ¢Jay.Thompson@palmsprings-ca.gov>; Tom Wilson
Sent: Tue Apr 20 18:31:35 2010
Subject: A5946 - Palm Springs Promenade
Ten / Michele:
This agreement will be expiring on May 1, 2010.
May I close this file?
Please advise.
Thx!
ps&ualana DOWIlMan AMUV-K=
A5946 Uae of 123 Noath P'atm Canyon Drive.UnR 141.,for the ttawlm of ortwork 01%12212010 g6ft11,.101C
Company Name: Palm Springs Promenade, L.L.0
Address: . ,
Group:. SUSTAINABILITY
Sarvicr: In File
xRef: Jennifer Henning.
Ins.status: certificate and Pnitcles are OK
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs,CA 92262
1 (760) 323-8206 1 4a (760) 322-8332
Kathie.Hart@PalmSpringsCA.gov
Please note that City Hall is open 8 a.m. to 6 p.m. Monday through Thursday,and closed on Fridays at this time.
04/21/10
USE AGREEMENT
123 NORTH PALM CANYON DRIVE
THIS USE AGREEMENT ("Agreement") is hereby made as of
ree6 24 , 2olo 2010 by the CITY OF PALM SPRINGS, a charter city and
a California municipal corporation ("City"), and PALM SPRINGS PROMENADE,
LLC, ("Owner").
NOW, THEREFORE, Provided that all of the terms and conditions
of this Agreement are fully satisfied during the term hereof, City and Owner do
hereby agree as follows:
1. Description of Owner's Property. The "Property" shall refer to that
certain real property located in the City of Palm Springs, County of Riverside,
State of California, as depicted on the Plot Plan attached as Exhibit "A" hereof
and identified as 123 NORTH PALM CANYON DRIVE, UNIT 141 (the
"Property"), Palm Springs, CA.
2. Use of Property. Owner hereby grants to City and its agents and
contractors the non-exclusive right to access the Property for the purpose of
ingress and egress for purposes of displaying Artwork
in a
reasonable manner.
3. Maintenance of Property. City shall restore to original condition
any part of the Property that City may disturb or damage during its use of the
Property.
4, Term. This Agreement shall be effective as of the date first written
above, for a term of forty (40) days and will terminate onMAJO, 2010. City
reserves the right to cancel this Agreement upon thirty (30) days notice to Owner
with or without cause therefor.
5. Utilities. City shall provide utility services for water, gas, electricity,
sewer (when applicable) and trash removal for the Property during the term of
this Lease; City shall be responsible for, at its sole cost and expense, all other
utilities to the Property, including but not limited to telephone, cable, and Internet
connection charges, if applicable, which shall be charged in the name of City.
6. Compensation. All compensation has been waived.
7. Insurance.
A. City shall procure and maintain insurance coverage or
evidence of self insurance during the entire term of this Agreement.
Page 1 of 4
B. Proof of such coverage, in the form of a letter of self-
insurance evidencing sufficient assets to meet the aforementioned requirements or
an insurance company issued policy endorsement and a broker-issued insurance
certificate, must be received by Owner within ten (10) calendar days from the date
of execution of the Agreement, with Owner designated as an additional insured.
8. Compliance with Laws. City and Owner shall, in all activities
undertaken pursuant to this Agreement comply, and shall cause its contractors,
agents and employees to comply with all federal, state, and local environmental,
health and/or safety-related laws, statues, orders, ordinances, rules, regulations,
plans, policies and decrees-
9- Indemnification. City shall indemnify, defend and hold harmless
Owner from and against all claims (including attorneys' fees and reasonable
expenses for litigation or settlement) for any loss or damages, bodily injuries,
including death, damage to or loss of use of property caused by the negligent
acts, omissions or willful misconduct by City, its officers, directors, employees
and agents, subcontractors or suppliers in connection with or arising out of the
agreed upon activities of this Agreement.
10. Not a Real Property Interest. It is expressly understood that
this Agreement does not in any way whatsoever grant or convey any permanent
easement, lease, fee or other interest in the Property.
[SIGNATURE PAGE FOLLOWS]
Page 2 of 4
The foregoing terms and conditions are agreed and accepted:
CITY OF PALM SPRINGS
Dated: 4 • 4 20 B _..-
David H. Re �tyManager
APPROVED TO FORM:
ATTEST:
By: -944z��L
Do I s C. Holland, City Attorney
?ity Cerk 6,3A rZa/D
PALM SPRINGS PROMENADE, LLC
By: PALM SPRINGS PROMENADE,
INC., Its Managing Member
I
Dated: 4, 20 10 B)2Lssmar(,,
John WePresident
APPROVED BY CITY MANAGtR
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Page 3 of 4
EXHIBIT "A"
("Site")
123 North Palm Canyon Drive, Unit 141
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Page 4 of 4