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HomeMy WebLinkAbout05898 - COREY AIRPORT SVCS OFFICE SPACE / LEASE AGR Kathie Hart From: Mark Jucht Sent: Tuesday,June 21, 2016 4:51 PM To: Kathie Hart; Suzanne Seymour Subject: RE: A5898-Cory Kathie Yes, okay to close. Mark Jucht Airport Administration Manager Palm Springs International Airport 3400 E. Tahquitz Canyon Way \b Palm Springs, CA 92262 'ate mark.iucht@palmspringsca.gov �O (760)318-3808 From: Kathie Hart Sent: Tuesday, June 21, 2016 4:46 PM To: Mark Jucht; Suzanne Seymour Subject: A5898 - Cory Office Space- Lease Agreement This agreement has expired. OK to close? ka�hb'° Kathie Hart, MMC Chief Deputy City Clerk C VA CALIFORNIA t' �'µ v:v erg . City of Palm Springs M;,�' (760) 323-8206 3200 E. Tahquitz Canyon Way - (760)322-8332 Palm Springs,CA 92262 Kathie.Hart@Palm5pringsCA.gov City Hall is open 8 am to 6 pm, Monday through Thursday,and closed on Fridays. 1 REAL PROPERTY LICENSE AGREEMENT This License Agreement is made this 1A day of b �, 2009, by and between the City of Palm Springs ("City"), CA (hereinafter referr�to as :'Licensor), and U.S. Enterprises, Inc., dba Corey Airport Services, a Georgia corporation, (hereinafter referred to as "Licensee"). Licensor and Licensee mutually agree as follows: Section 1. Grant of License. The City of Palm Springs has entered into a concession agreement with Licensee providing for Licensee's development and management of airport display advertisement. This license agreement assists in the implementation agreement by providing floor space for administrative office purposes. Licensor hereby grants to Licensee a license to enter upon, install, and maintain office premises on Licensor's real property, in a triangular floor area consisting of approximately 171 square feet, as more particularly set forth in the site plan, attached as Exhibit "A", and incorporated herein by reference, for the limited purpose of administrative office support to the concession agreement. Licensor shall allow Licensee and its employees and agents reasonable access to Licensee's property for purposes of establishing the administrative office support use_ Section 2_ Term of License. The term of this agreement shall be September 16, 2009 and terminate October 31, 2014 unless terminated in accordance with Section 7 of this agreement. Licensor reserves the right to designate another location for office purposes in the event that Licensor determines conditions affecting airport resources require redesignation. Section 3. Licensee Fee. Licensee shall pay a license fee in the amount of $440.00 per month, payable to Licensor in advance on the first day of each month, in consideration of use of the subject property. Licensor agrees to provide all utilities, 650617 1 Section 4. Licensee's Obligations/Permitted Uses. In consideration of Licensor's agreement to allow Licensee's use of the property, Licensee and its authorized employees shall: (a) Maintain the premises in good and sanitary order, condition, and repair. (b) Refrain from causing undue annoyances, disturbances to others at the airport- (c) Not make or suffer to be made any permanent alterations or improvements to the premises without prior written consent of Licensor. (d) Comply with requests and directives from the City regarding emergency evacuations and training, wearing of identity badges and appropriate clothing Section 5, Indemnity And Insurance. (a) Licensee shall indemnify, defend, and hold harmless the City of Palm Springs, its elected and appointed officials and employees, from and against all claims, demands, loss or liability of any kind which Licensor may sustain or incur arising out of Licensee's office activities and Licensee's performance of any act in connection with this Agreement. (b) Licensee shall insure that the insurance it is required to obtain for Licensee's "Non-Exclusive Operating & Lease Agreement-Palm Springs International Airport" also covers its use of the premises described in this agreement. Licensee shall present verification of proof of insurance coverage for these licensed premises to the City Attorney at the time of approval of this agreement by Licensor. Section 6. Notices. Any notices required to be given may be served personally or by United States mail, first class, as follows: To: Licensor- City of Palm Springs Office of City Manger 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 To: Licensee- U.S_ Enterprises, Inc., dba Corey Airport Services, attn: President 225 Corey Center Atlanta, Georgia, 30312 65007 1 Section 7. Termination Provisions of License Agreement. (a) This agreement shall remain in full force and effect until its termination date, or by mutual rescission, or by Licensee's default of its obligations under the agreement, and a failure by Licensee to cure the default within a written noticed 30 day cure period. (b) Licensor reserves the right to terminate this agreement without cause by providing 30 days written notice of termination to Licensee. (c) In addition, the parties further agree that Licensee has the right to terminate this license agreement at any time by providing to Licensor 60 days advance written notice of termination. Section 8, No Assiclnments/Sublettiri . Licensee may not transfer any rights under this agreement to any third parry without prior written approval of Licensor. Section 9. Right of Inspection. Licensor shall have the right to inspect the office premises at any time by providing advance twenty four hours oral or written notice to Licensee of Licensor's intent to conduct an inspection of the property. Section 10. Compliance With Laws And California Law. Licensee shall at its own cast comply with all applicable requirements of municipal, state, and federal authorities now in force or which may thereafter be in farce pertaining to use of the premises. This agreement shall be governed by the laws of the State of California. Section 11. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto with respect to the matters covered hereby, and no other previous agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid. 6505p 1 N WITNESS WHEREOF,the parties have executed and entered Into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRING a municipal municipal corporation City Clerk City Manager PPROVED as To FORM- APPROVED BY CITY COUNCIL By; C. o 'vb/DG City t orney / CON ACTOR: Check one: Individual Partnership V Cdrporation Corporati n ❑no dzed signatures: One from each of the followin A. Chairman of Board, President,or any a Pr sident.A D Secre ,A a`nt secretary,Treasurer,Ass' tant'rreasurer, or Chief Fina is O fcer. ♦ S Sign dre (notarized) y /Ignature (notarized) Name. I NI L—ld s f' Name: Title: n'.5 _ Title: ... . ...........................................,......,...,,,,..............j.�. _ . . ....». State............. of r State of ,Cry/� /✓^^ ^ •R*pM County cf ���Vlt/i°dVlll-G�d^� _ County pr,of �� E of �'f before me, n /On 7 before me, L'cr/i7==- � :'s On / ��G �� �✓�fit ��-r^�"` personally appeared_+%i1L;r fi..l,u .4i7 personally appeared il'— who proved to me on the basis of satisfactory who proved to me on basis of satisfactory evidence to be the persons)whose name(s) evidence to be the person(s)whose name(s) is/are subscribed to the within instrument islare subscribed to the within instrument and acknowledged to me that he/shelthey and acknowledged to me that he/shetthey executed the same in his/her/their authorized executed the same in his/her/their authorized capacity(ies),and that by his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), stgnatores(s)on the instrument the person(s) orthe entity upon behalf of which the person(s) or the entity upon behalf of which the person(s) - acted, executed the instrument. acted,executed the instrument. I certify under PENALTY OF PERJURY I certify under PENALTY OF PERJURY under the laws of the State of California that under the laws of the State of California that -_ the foregoing paragraph is true and correct. the foregoing paragraph is true and correct. WITNESS my hand Arid officialpseal. WITNESS my hand n„dd,�offfcial seal- _ Notary Signature: GLx[ J '//�� r" Notary Signature: �Vu:X u V t C ' y✓� Notary Seat: Notary Seal: - 65uo27 i PALM SPRINGS INTERNATIONAL AIRPORT 2ND FLOOR MAIN TERMINAL EXHIBIT "A" ADVERTISING OFFICE SPACE 171.67 SF ° J MECHANICAL WOMEN ROOM ° �O 0 0 MEN Q 0 MECH, SUITE B224 SUITE B226 1911 " 20' , „ SUITE B228 191611