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HomeMy WebLinkAboutA5423 - PSMHOP LLC LICENSE AGR FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO THIS NOTICE OF SALE SUPERSEDES CHICAGO TITLE COMPANY THE NOTICE OF SALE THAT WAS PREVIOUSLY FORECLOSURE DEPARTMENT ;;; MAILED 560 E. HOSPITALITY LANE " M SAN BERNARDINO, CA 92408 ►1 5y,93 Space above this line for recorders use only Trustee Sale No. 2474AO Loan No. 011054084 AND 011054125 Title Order No. 10674336-X49 APN 502-190-003-0, 004-1, 008-5, 015-1, 019-5 and 020-5 TRA No. 011-052 NOTICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 06/05/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 08/17/10 at 10:OOAM, CHICAGO TITLE-COMPANY, a California corporation as the duly appointed Trustee under and pursuant to Deed of Trust recorded on 06/07/2006 as Document No. 2006-0410941 of official records in the Office of the Recorder of Riverside County, California, executed by: PSMHOP, LLC, a Delaware limited liability company, as Trustor, CAPMARK FINANCE INC. (formerly known as GMAC Commercial Mortgage Corporation), a California corporation and NEW MARKETS COMMUNITY CAPITAL I, LLC, a Delaware limited liability company, as Beneficiary, WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH (payable at time of sale in lawful money of the United States, by cash, a cashier's check drawn by a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, savings association, or savings bank specified in section 5102 of the Financial Code and authorized to do business in this state). At: the Main Street entrance to the County Courthouse, 4050 Main Street, Riverside, CA all right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County, California describing the land therein: PARCEL A: PARCELS NO. 3 AND 4 OF PARCEL MAP NO, 28918 IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 193 PAGES 59 THROUGH 61 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: EASEMENTS FOR ACCESS, INGRESS, EGRESS, TRAFFIC CIRCULATION UTILITIES AND PARKING AS DESCRIBED IN A DECLARATION OF ACCESS, EASEMENTS, OPERATION, MAINTENANCE, COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED FEBRUARY 25, 1999 AS INSTRUMENT NO. 73804 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.. i Trustee Sale No. 2474-40 Loan No. 011054084 AND 011054125 Title Order No. 10674336-X49 TOGETHER WITH THE PERSONAL PROPERTY GENERALLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, CONSISTING OF TWO PAGES. Beneficiary Phone: (312) 499-0148 Beneficiary: CAPMARK FINANCE INC., NEW MARKETS COMMUNITY, c/o DUANE MORRIS LLP, ATTN: JOHN R. WEISS, ESQ., 190 SOUTH LASALLE STREET, SUITE 3700, CHICAGO, IL 60603 The property heretofore described is being sold "as is". The street address and other common designation, if any, of the real property described above is purported to be: 2315, 2333, 2348, 2355, 2591 Tahquitz Canyon Way, Palm Springs, CA 92262 and 233 Farrell Drive, Palm Springs, CA 92262. The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, condition, quiet enjoyment, encumbrances, or the like, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, if any, under the terms of the Deed of Trust, estimated fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust, to-wit: $35,757,211.86 (Estimated) Accrued interest and additional advances, if any, will increase this figure prior to sale. The Beneficiary may elect to bid less than their full credit bid. Pursuant to California Commercial Code Section 9604, the sale may, at the election of the Beneficiary, include some or all of the personal property described herein. The beneficiary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to Sell to be recorded in the county where the real property is located and more than three months have elapsed since such recordation. The timeframe for giving notice of sale as specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 or 2923.55 of the California Civil Code. _SALE LINE PHONE NUMBER: (714) 259-7850 or (714) 730-2727 DATE: 7/21/10 CHICAGO TITLE COMPANY FORECLOSURE DEPARTMENT 560 E. HOSPITALITY LANE SAN BERNARDINO, CA 92408 (909) 884-0448 Teresa M. Drake, Asst Vice President a EXHIBIT "A" T.S.2474-40 All buildings,structures,improvements and fixtures as of the date of said Deed of Trust or thereafter erected or located on the Land ("Improvements"); and All easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights,water, water courses, water rights and powers, air rights and development rights, and all estates, rights, lilies, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way belonging, relating to the Property and the reversion and reversions, remainder and remainders,and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof, and all the estates, rights,titles,interests,dower--and rights of dower,curlesy and rights of curtest', property, possession, claim and demand whatsoever both at law and in equity of Truster of, in and to the Property and every part and parcel thereof,with all appurtenances thereto; and All machinery, equipment, fixtures (including, without limitation, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), furnishings, building supplies and materials, and all other personal property of every kind and nature whatsoever owned by Trustor (or in which Truster had as of the date of said Deed of Trust or thereafter acquired an interest) and as of the date of said Deed of Trust or thereafter located upon, or appurtenant to, the Property or used or useable in the operation and occupancy of the Property, along with all accessions, replacements, betterments, or substitutions of all or any portion thereof (collectively, "Personal Property"); and All leases, subleases, licenses and other agreements granting others the right to use or occupy all or any part of the Property together with all restatements, renewals, extensions, amendments and supplements thereto("Leases"), as of the dale of said Deed of Trust or thereafter existing or entered into, and all of Truster's right, title and interest in the Leases, including, without limitation (i) all guarantees, letters of credit and any other credit support given by any tenant or guarantor in connection therewith ("Lease Guaranties"), (ii) all cash, notes, or security deposited thereunder to secure the performance by the tenants of their obligations thereunder ("Tenant Security Deposits"), (iii) all claims and rights to payment of damages and other claims arising from any, rejection by a tenant of its Lease under the Bankruptcy Code ("Bankruplev Claims"), (iv) all of the landlord's rights in casualty or condemnation proceeds of a tenant in respect of the lease premises ("Tenant Claims"), (v) all rents, ground rents, additional rents, revenues, termination and similar pavntents, issues and profits(including all oil and gas or other mineral royalties and bonuses) from the Property (collectively with the Lease Guaranties, Tenant Security Deposits, Bankruptcy Claims and Tenant Claims, "Rents"), (vi) all proceeds or streams of payment from the sale or other disposition of the Leases or disposition of anv Rents, and (vii) the right to receive and apply the Rents to the payment of the Debt and to do all other things which Truster or a lessor is or may become entitled to do under the Lease or with respect to the Rents; and All aNards or payments, including interest thereon,which may, be made with respect to the Property, whether from the exercise of the right of eminent domain (including, without limitation, an), transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Property; and All proceeds of, and any unearned premiums on, any insurance policies coycring the Property. including, without limitation, the exclusive right to receive and apply the proceeds of any claim av ards,judgments,or settlements made in lieu thereof, for damage to the Property; and :%It refunds, rebates or credits in connection with a reduction in Taxes, including, ilhoul limitation, rebates as a result of tax certiorari or anv other applications or proceedings for reduction; and All contracts(including, without limitation,service,supply, maintenance and construction contracts), registrations, franchise agreements, permits, licenses (including,without limitation, liquor licenses, if any,to the fullest extent assignable by Trustor),plans and specifications, and other agreements, as of the date of said Deed of Trust or thereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Property, or respecting any business or activity conducted by Trustor from the Property, and all right, title and interest of Trustor therein and thereunder, including, without limitation, the right to receive and collect any sums payable to Trustor thereunder(collectively, "Operating Agreements"); and All interest rate cap agreements, swaps or other interest hedging agreements as of the date of said Deed of Trust or thereafter executed with respect to the Loan or to guard against interest rate exposure in connection with the Loan, if any;and All accounts,escrows, chattel paper, claims, deposits, trade names, trademarks,service marks, logos, copyrights, books and records, goodwill, and all other general intangibles relating to or used-in connection with the operation of the Property; and All reserves, escrows and deposit accounts maintained by Trustor with respect to the Property (including, without limitation, the Operating Account and all reserves, escrows, deposit accounts and lockbox accounts established pursuant to the Loan Agreement), together with all cash,checks, drafts, certificates, securities, investment property, financial assets, instruments and other property from time to time held therein,and all proceeds, products,distributions,dividends or substitutions thereon or thereof, and The right, in the name and on behalf of Trustor, to commence any action or proceeding to protect the interest of Beneficiary in the Property and to appear in and defend any action or proceeding brought. with respect to the Properly; and All proceeds and profits arising from the conversion, voluntary or involuntary, of the foregoing into cash(whether made in one payment or a stream of payments ) and any liquidation claims applicable thereto-, and Any and all other rights of Trustor in and to the items set forth in the foregoing subsections, and in and to the Properly. All definitions not set out in this document will have the meaning set out in said Deed of Trust. "The sale being made pursuant to this Notice may, at the election of the beneficiary, include all or some of the personal property generally described herein, pursuant to California Commercial Code Section 9604(a)(1)(B). RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CHICAGO TITLE COMPANY FORECLOSURE DEPARTMENT 560 E. HOSPITALITY LANE SAN BERNARDINO, CA 92408 Space above this ii e lof reCorders use ony Trustee Sale No. 2474-40 Loan No. 011054084 AND 011054125 Title Order No, 10674336-X49 APN 502-190-003-0, 004-1. 008-5, 015-1, 019-5 and 020-5 TRA No 011-052 NOTICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 06/05/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE, IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A IAWYER. On 07106/2010 at 10:OOAM, CHICAGO TITLE COMPANY, a California corporation as the duly-appointed Trustee under and pursuant to Deed of Trust recorded on 06/07/2006 as Document No. 2006-0410941 of official records in the Office of the Recorder of Riverside County, California, executed by: PSMHOP, LLC, a Delaware limited liability company, as Trustor, CAPMARK FINANCE INC. (formerly known as GMAC Commercial Mortgage Corporation), a California corporation and NEW MARKETS COMMUNITY CAPITAL I, LLC, a Delaware limited liability company, as Beneficiary, WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH (payable at time of sale in lawful money of the United States, by cash, a cashier's check drawn by a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, savings association, or savings bank specified in section 5102 of the Financial Code and authorized to do business in this state). At: the Main Street entrance to the County Courthouse, 4050 Main Street, Riverside, CA all right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County, California describing the land therein: PARCEL A: PARCELS NO. 3 AND 4 OF PARCEL MAP NO. 28918 IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 193 PAGES 59 THROUGH 61 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: EASEMENTS FOR ACCESS, INGRESS, EGRESS, TRAFFIC CIRCULATION UTILITIES AND PARKING AS DESCRIBED IN A DECLARATION OF ACCESS. EASEMENTS, OPERATION, MAINTENANCE, COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED FEBRUARY 25, 1999 AS INSTRl1MEN r NO. 73804 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY. CAI IFORNIA , Trustee Sale No, 2474-40 Loan No. 011054084 AND 011054125 Title Order No. 10674336-X49 APN 502-190-003-0, 004-1, 008-5, 015-1, 019-5 & 020-5 TOGETHER WITH THE PERSONAL PROPERTY GENERALLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, CONSISTING OF TWO PAGES. Beneficiary Phone. (312) 499-0148 Beneficiary: CAPMARK FINANCE INC., NEW MARKETS COMMUNITY, 010 DUANE MORRIS LLP, ATTN: JOHN R. WEISS, ESQ., 190 SOUTH LASALLE STREET, SUITE 3700, CHICAGO, IL 60603 The property heretofore described is being sold "as is". The street address and other common designation, if any, of the real property described above is purported to be. 2315, 2333, 2348, 2355, 2591 Tahquitz Canyon Way, Palm Springs, CA 92262 and 233 Farrell Drive, Palm Springs, CA 92262. The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, condition, quiet enjoyment, encumbrances, or the like, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, if any, under the terms of the Deed of. Trust, estimated fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust, to-wit $35,359,901.20 (Estimated) Accrued interest and additional advances, if any, will increase this figure prior to sale. The Beneficiary may elect to bid less than their full credit bid. Pursuant to California Commercial Code Section 9604, the sale may, at the election of the Beneficiary, include some or all of the personal property described herein. The beneficiary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. 1 he undersigned caused said Notice of Default and Election to Sell to be recorded in the county where the real property is located and more than three months have elapsed since such recordation. SALE LINE PHONE NUMBER: (714) 259-7850 or (714) 730-2727 DATE: 614/10 CHICAGO TITLE COMPANY FORECLOSURE DEPARTMENT 560 E. HOSPITALITY LANE SAN BERNARDINO, CA 92408 (909) 884-0448 Teresa M. Drake, Asst. Vice President Declaration pursuant to California Civil Code Section 2923.54 (Notice of Sale) 2474A0 The undersigned declarant has ( ), has not ( ) obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.63 that is current and valid as of the date of this Notice of Sale. If the undersigned has not obtained an exemption from the commissioner, the additional 90 days has lapsed ( ) as of the date of this Notice of Sale. Or (X ) the timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 or 2923.65 as set out below.- 1 . ( ) the Ivan was not recorded during the period of 1/1/03 to 1/1/08, inclusive 2. (x) the loan is not secured by residential real estate 3. ( ) the loan is not a first deed of trust 4. (X) the borrower did not occupy the property as their principal residence at the time the loan became delinquent 5. ( ) the borrower surrendered the property, as evidenced by a letter confirming the surrender or delivery of the keys to the property to the beneficiary 6. ( ) the borrower has contracted with an organization, person, or entity whose primary business is advising people who have decided to leave their homes on how to extend the foreclosure process and avoid their contractual obligations CAPMARK FINANCE INC. (formerly known as GMAC Ssnify Mortgage Corporation), a California corporation and NEW MARKETS COMMUNITY CAPITAL I, LLC, a Delaware limited liability company ' (le-.�✓��.-� Dated: Za l.Lp ....... ME TITLE: T-4,A) 3 EXHIBIT "A" T.S. 2474-40 All buildings,structures, improvements and fixtures as of the date of said Deed of Trust or thereafter erected or located on the Land ("Improvements");and All easements, rights-of--way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development right%, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way belonging, relating to the Property and the reversion and reversions, remainder and remainders,and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof, and all the estates, rights, titles, interests, dower and rights of dower, curtesy and rights of curtesy,property, possession, claim and demand whatsoever both at law and in equity of Truslor of, in and to the Property and every part and parcel thereof,with all appurtenances thereto; and All machinery, equipment, fixtures (including, without limitation, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), furnishings, building supplies and materials, and all other personal property of every kind and nature whatsoever owned by Truslor (or in which Truster had as of the date of said Deed of Trust or thereafter acquired an interest)and as of the date of said Deed of Trust or thereafter located upon, or appurtenant to, the Property or used or useable in the operation and occupancy of the Property, along with all accessions, replacements, betterments, or substitutions of all or any portion thereof (collectively, "Personal Property"); and All leases, subleases, licenses and other agreements granting others the right to use or occupy all or any part of the Property together with all restatements, renewals, extensions, amendments and supplements thereto ("Leases"), as of the dale of said Deed of Trust or thereafter existing or entered into, and all of Trustor's right. title and interest in the Leases, including, without limitation (i) all guarantees, letters of credit and any other credit support given by any tenant or guarantor in connection therewith ("Lease Guaranties"), (ii) all cash, notes, or security deposited thereunder to secure the performance by the tenants of their obligations thereunder ("Tenant Security Deposits"), (iii) all claims and rights to payment of damages and other claims arising from any rejection by a tenant of its Lease under the Bankruptcy Code ("Bankruptcy Claims"), (iv) all of the landlord's rights in casualty or condemnation proceeds of a tenant in respect of the lease premises ("Teuanl Claims"), (v) all rents, ground rents, additional rents, revenues, termination and similar payments, issues and prof-LI(including all oil and gas or other mineral royalties and bonuses) from the Property (collectively with the Lease Guaranties, Tenant Security Deposits, Bankruptcy Claims and Tenant Claims, "Rents"), (vi) all proceeds or streams of payment from the sale or other disposition of the leases or disposition of any Rents, and (vii) the right to receive and apply the Rents to the payment of the Debt and to do all other things which Truslor or a lessor is or may become entitled to do under the Lease or with respect to the Rents; and All awards or payments, including interest thereon,which may be made with respect to the Properly, whether from the exercise of the right of eminent domain (including, without lirnitalion, any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Properly; and All proceeds of, and anv unearned premiums on, any insurance policies covering the Property, including, without limitation, the exclusive right to receive and apply the proceeds of any claim awards,judgments, or settlements made in lieu thereof, for damage to the Property; and All refunds, rebates or credits in connection wilh a reduction in Taxes, including, without Iimilation, rebates as a result of tax certiorari or amp other applications or proceedings for reduction; and All contracts(including,without limitation,service,supply, maintenance and construction contracts), registrations, franchise agreements, permits, licenses (including,without limitation, liquor licenses, if any,to the fullest extent assignable by Trustor), plans and specifications,and other agreements, as of the date of said Deed of Trust or thereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Property, or respecting any business or activity conducted by Truster from the Property, and all right, title and interest of Truster therein and thereunder, including, without limitation, the right to receive and collect any sums payable to Truster thereunder (collectively, "Operating Agreements"); and All interest rate cap agreements, swaps or other interest hedging agreements as of the date of said Deed of Trust or thereafter executed with respect to the Loan or to guard against interest rate exposure in connection with the Loan, if any; and All accounts, escrows, chattel paper, claims,deposits, trade names,trademarks,service marks, logos, copyrights, books and records, goodwill, and all other general intangibles relating to or used in connection with.the operation of the Property; and_ All reserves, escrows and deposit accounts maintained by Truster with respect to the Property (including, without limitation, the Operating Account and all reserves,escrows, deposit accounts and lockbox accounts established pursuant to the Loan Agreement), together with all cash, checks, drafts, certificates, securities, investment property, financial assets, instruments and other property from time to time held therein,and all proceeds, products, distributions,dividends or substitutions thereon or thereof; and The right, in the name and on behalf of Truster,in commence any action or proceeding to protect the interest of Beneficiary in the Property and to appear in and defend any action or proceeding brought with respect to the Property; and All proceeds and profils arising from the conversion, voluntary or involuntary, of the foregoing into cash (whether made in one pavment or a stream of payments ) and any liquidation claims applicable thereio; and Anv and all other rights of I rustor in and to the items set forth in the foregoing subsections, and in and to the Property. All definitions not Set uut in this document will have the meaning set out in ,said Deed of Trust. The sale being made pursuant to this Notice mav, at the election of the beneficiary. include all or some of the personal proper", generally described herein, pursuant to California Commercial Code Section 960ala)(1)(fS). DOC # 2007-0113030 02/36/2007 88o00A Fee:NC _ Page, i of a RECORDING REQUESTED BY Recorded in official Records ve AND WHEN RECORDED RETURN TO: couLarry W. Warddide CITY OF PALM SPRINGS III Slillllr,IIII I I III IIIIII I IIII Clerk & Recorder Ila I III 6 City Clerk / P.O. BOX 2'743 S R U PAGE SIZE DA I MISC LONG RFO 107/ Palm Springs, CA 92263-2743 g M R NCO Space Above this Line Reserved for Use 6y Recorder A L 4a9 426 Pro R SMF H Filing fee EXEMPT per Government Code M J LICENSE AGREEMENT FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY g11 This LICENSE AGREEMENT FOR PLACEMENT OF ART ON PRIVATE PROPERTY ("Agreement°) is entered into as of December 20, 2006 by and between the CITY OF PALM SPRINGS, a municipal corporation ("Cit/') and PSMHOP, LLC ("Owner"). RECITALS: A. The City has established a Public Arts Program as established by Chapters 2.24 and 3.37 of the Palm Springs Municipal Code ("Public Art Ordinance") which authorizes the placement of works of art on appropriate private property which encourages public access and viewing of the artwork. B. Under the Public Art Fee Program, artwork may be acquired through the Public Arts Fund, either on City or private property, whether on loan, as a gift or purchase. C. The City has purchased a work of art and desires to have such work of art placed on the Owner's property In accordance with this Agreement and the City of Palm Springs Public Art Program. NOW THEREFORE, to comply with the requirements of the Public Art Ordinance, and for good and valuable consideration, the parties hereto hereby agree as follows: 1. Grant of License for Dismay of Public Art. Owner hereby grants and conveys to the City of Palm Springs a nonexclusive use of the Site (as shown in Exhibit "B") for purposes of displaying the Artwork and allowing the public access to the Site to view and enjoy the Artwork at reasonable times and in a reasonable manner ("License"), as described in Exhibit "B"; under the terms described in Section 4(b) of this Agreement. 2. Maintenance. The City shall provide all maintenance necessary as recommended by the artist with respect to the Artwork to preserve such Artwork in first class condition. City agrees to maintain the access paths, landscaping and other 1003M29/28303.02 Improvements to the Site. City shall repair and/or replace any damage to the Artwork within a reasonable time after such discovery. When necessary, City shall consult the artist or another competent Artwork conservationist or restoration specialist to determine the best methods of such restoration or repair. 3. Identification. The Artwork shall be identified by a plaque stating the artist's name, the title, the date the Artwork was completed and stating that the Artwork was funded through the City of Palm Springs Public Arts Program. The plaque will be placed in an appropriate location near the Artwork that facilitates viewing by the public. 4. City Representative. The City Manager, or his designee, a Contract Officer of the City ("City Manager'), shall be the City's designated representative with respect to this Agreement. Under the direction of the City Council, the City Manager shall have the authority to give approvals or consents required hereunder and to otherwise act on behalf of the City for purposes of this Agreement. 5. Owner_and Representative. The Owner is the owner of certain property ("Property") generally known as the Palm Springs Mall, as shown on Exhibit `B" attached hereto and incorporated herein. The Owner has agreed to a License Agreement for the placement of Artwork on a portion of the Owner's property which portion is generally depicted and described as the "Site" on Exhibit "B". 6. Location__and Removal of Artwork. In addition to any other remedies provided herein, in the event that the Artwork is destroyed, removed from the Site or improperly maintained by the City, the Owner may require that the City replace the Artwork with substitute Artwork of a comparable quality and value as determined at the sale discretion of the City, with consent of the Owner. The Owner may give the City a 30 day notice to remove Artwork at Owner's discretion. 7. Indemnification. The City hereby agrees to indemnity, defend, and hold harmless the Owner from and against any and all actions, suits, claims, damages, losses, costs, penalties, obligations, errors, omissions or liabilities (collectively "Claims or Liabilities") arising out of or in any way connected with any act, omission or negligence of City, its agents, employees, or contractors, or from the existence of the Artwork on the Site, or related to this Agreement, including, without limitation, bodily injury to or death of persons, injury or damage to property and attorneys' fees, but excluding such Claims or Liabilities resulting from the negligence or willful misconduct of the Owner, its officers, agents, representatives, or employees. a. Compliance with the Law. City hereby agrees to comply with all applicable statutes, ordinances, orders, laws, rules and regulations, and the requirements of all federal, state and municipal governments and appropriate departments, commissions, boards and offices thereof, which may be applicable to the display of Artwork on the Site or to the use or manner of use of the Site. Without in any way limiting the foregoing, City agrees to comply with The Visual Artists Rights Act of 1990 (17 U.S.C. 101, etseq.). 9. Successors and Assigns. The rights and obligations of Owner under this Agreement shall be applicable to Owner's successors and assigns. Qe/1�s 2 A f 8BFR 1 D. Integration. This Agreement and other documents expressly incorporated herein by reference contain the entire and exclusive understanding and agreement between the parties relating to the matters contemplated hereby and all prior or contemporaneous negotiations, agreements, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect. 11. Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto. 12. Counterparts. This Agreement may be executed in counterparts which, when taken together, shall constitute one executed document as though all signatures appeared on one copy. A signature nave is immediately following. The rest of this page is intentionally left blank. 1U33/U29l263U3.(P II IIIIII III Illlll II II IIIIII III IIIIIII II II 00 Ir"PRO796 9tl9 I 20ONI I3030 apes IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. "OWNER„ PSMHOP LLC, a Delaware limited liability company //\'L�� Byttephen C. Hopkins Its: Managing Member "CITY" CITY OF PALM SPRINGS, a municipal corporation ATTEST: Y: City Clerk City Man APPROVED BY CITY COUNCIL APPFt V A5 TO FORM: 10031029125303.02 IIIIIIII IIIIII III �� IIII IIIIII IIIIIII II1 III OE,FE?a G7@8�SOP '.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Slats of California ss. County of On I9, zo�E, , before me, � �4� ( YZt55 Noer �ul�!'� Date y Name&,x Title fear ie g 'Jane Doe Now Puhho) r personally appeared S!��9eM �'. � �s rvp Iq m ayrwr(u) Apersorlally known to me to be the person(s}whose name(sj 157are.subscribed to the within instrument and acknowledged to me that he/sl y executed the same in his/hat0hdr BEVERLYJ.FRO$$ authorized capacity(iie), and that by his/herdthaar Commission# 1516922 signature(a) on the instrument the personal, or the Notory Public-Colrromfe entity upon behalf of which the person(s) acted. orange county executed the instrument- My COMM.Fxplres Ocf 1.20e8 WITNESS my hand and official seal. Place mlary seal Aba,ou 3�elemr Npmry uyllc OPTIONAL Though rho mformellon below is not mqufmd by law,it may prove valuable to persons felong on the documerff and could prevent fraudulent removal and reallaorimenf of this form m anolh@r document. Description of Attached Document Title or Type of Document: _ Document Date: Number of Pagaa: Signer(s) Other Than Named Above: Capacity(ie®) Claimed by Signer(s) Signer's Name: ..__ Signer's Name: 0 Individual LI Individual ❑ Corporate Officer—Titla(s): ❑ Corporate Otneer—Titles$ ❑ Partner--❑ Limited ❑ General ❑ Partner—L7 Limited ❑General - - glllilm C i Attorney In Fact Top of rinunn here L Attorney in Fact L7 Trustee ❑ Trustee Top of 0wm6 hcra ❑ Guardian or Conservator ❑ GNardian or Conservator ❑ Other: Fl Other: _„_ Signer Is Representing; Signer Is Representing: W N94 ftMnol Nelury Amuchlion•MW Do Solo Ai,a. PC.[lox MQ•Chmom rm,CA P1213-2402 imm No ease ruereer C-al TaFFwe 16e0676e1127 i llllll lull l lull ll llllll llllll ll 111ll II II I I III N2 z&d CrE 88 esq 5 en 8 EXHIBIT "A" (Arlwork) on JI i . _ - 1 • i is n I001029l38303.03 I II�III I�IIIfI IIIII Il Ill�ll 111111 Ell 1111111 92 115? of a 3F69 EXHIBIT "W ARTWORK EASEMENT Public Art Location — 2365 E. Tahquitz Way Sheet 1 of 1 follows entitled Exhibit"B" The rest of this page is intentionally left blank 10031019/7.6303 U2 I I`I I I I{ I ` g✓&6i�a®�lee�boR 11II I II II �II II'I III �IIII�IIIII III 11111 IN 1111 7 of 3 EXHIBIT "B° ,-. •,� I/'UT>RU!!6 WYI'fIQIY uo�-r=Bv uee_as {„A� � r. - H naffs! I /1 • 44' iNf T21 Yy y Z a PUBLIC ART LOCATION w W 33, M 2 � IT � II ,.ee A. 1,1'd Ao IJAI v' 1 en ,eerie u. y MAI (�+ia Oe i�'�fLJf b � � xm.syli[ 1i��61�_h Ae aS-Yr ,i3.]DIY. /Ill DESIGN BY: SCALE' SECTION: PUBLIC ART LOCATION FUP NTS 13--T4S—R4E 2365 E TAHQUITZ CANYON WAY CHECKED BY: DATE SHEET NO-, 12/18/05 1 of i IIII IIIIIIIIIIIIII III illllllllllll IIIIIIIINIII se2m3 f 2 �®R