HomeMy WebLinkAbout05919 - PALM SPRINGS PROMENADE LLC USE AGR FOR 123 N PALM CANYON DR DOCUMENT TRACKING Page: 2
Report: Expired Documents Summary April 2,2013
Condition: Oldest Date= 11,Groups=PUBLIC ARTS,ALL Services,ALL XREFs
Document f! Description Approval Date Expiration Date Closed Date
A5919 V-"� Use Agr fa the PS Juried Art Show Jan 22 thm Feb 14,2010 @123 NPC 11/04/2009 04/2912010
Company Name: Wessman,John
Per terms of Use Agreement section 4. ,Term;
Address: , 300 S.Palm Canyon Dr.,Palm Springs,CA 92262 contract is expired.
Contact: Mr.Wessman
Group: PUBLIC ARTS
Service: In File
xRef: Jennifer Henning
Ins.Status: Certificate and Policies are OK
A6057 Use of Property for Juried Art Show @ 193 S Palm Canyon Drive 02812011
Company Name: John Hadley
Address: , , Per terms of Use Agreement section 4. Term,
contract is expired.
Group: PUBLIC ARTS
Service: In File
xRef: Jennifer Henning
Ins.Status: Certificate and Policies are OK
******END OF REPORT******
NPA
USE AGREEMENT
123 NORTH PALM CANYON DRIVE
THIS USE AGREEMENT ("Agreement") is hereby made as of
NaJe�1.8 , 2009 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 PropertV. 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 237 (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 and allowing the public
access to the Site to view and enjoy the Artwork at reasonable times and 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 one hundred and fifty (150) days and will terminate on (A,
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.
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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: h . 20Ao By: .�
David H. Ready, ager
AP OVED AS TO FORM:
By e
o glas C. H Iland, City Attorney
PALM SPRINGS PROMENADE, LLC
By: PALM SPRINGS PROMENADE,
INC., Its Managing Member
I
Dated: 20_j!� By:
John essman, President
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