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HomeMy WebLinkAbout05241 - PARADIES SHOPS SUPPLEMENTAL SPACE USAGE THRU 10-19-2009 Kathie Hart From: Mark Jucht Sent: Monday, February 18, 2013 10:40 AM To: Kathie Hart Subject: RE: Paradies Agreements A5241, A5906, and A5907 Yes Kathie, With the Supplemental Agreement signed on January 15, 2013 for the one year term, and now affiliated to the master A 4159. These three files should be able to be closed. -let me know if you have any questions, thank you. ASa�(�r1 Lo, Mark Jucht op Airport Administration Manager Palm Springs International Airport 3400 E. Tahquitz Canyon Way Palm Springs, CA 92262 1 mark.iuchtC�palmspringsea,gov - — --- - (760)318-3808 From: Kathie Hart Sent: Sunday, February 17, 2013 3:18 PM To: Mark Jucht Subject: RE: Paradies Agreements A5241, A5906, and A5907 My interpretation is these files may be closed. Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs :f(760)323-8206 3"E. rahqui tz Canyon Way A (760)322-8332 Palm 5prings, CA 92262 i0rathie.Hart@PalmSpringsCA.gav Please note that City Flail is open 8 a.rn. to 6 p.m. Monday rhrouyh Thursday. and closed an Fridays at this time. From: Mark Jucht Sent: Sunday, February 17, 2013 3:07 PM To: Kathie Hart Subject: Re: Paradies Agreements A5241, A5906, and A5907 These were recently consolidated and renewed. Sent from my iPhone On Feb 17, 2013, at 2:53 PM, "Kathie Hart" <Kathie.HartCcapalmsprines-ca.eov>wrote: Mark: Our records show these are supplemental space agreements and they have all expired. Are these agreements ready to be closed. May I close the agreement files? 1 Paradies Shops Supplemental Space Usage Agreement A5241 MO 7825, 03-01-06 SUPPLEMENTAL SPACE USE AGREEMENT._ THIS SUPPLEMENTAL SPACE AND USE AGREEMENT, made and entered into as of this_%.day of VV1MPUn., 2006,by and between the CITY OF PALM SPRINGS, a municipal corporation organized and existing under the laws of the State of California,hereinafter referred to as "CITY" and PARADIES SHOPS, LLC, a Georgia limited liability company a subsidiary of THE PARADIES SHOPS, a Georgia Corporation, hereinafter referred to as "TENANT". WITNESSETH: WHEREAS, CITY owns and operates an airport known as the Palm Springs International Airport, situated in the City of Palm Springs, County of Riverside, State of California, hereinafter referred to as "AIRPORT"; and WHEREAS, TENANT is operating at the Airport under separate agreement "Lease Agreement for Concessions", and wishes to utilize terminal office space at the Airport; and NOW, THEREFORE, for and in consideration of the premises, and of the covenants and conditions hereinafter contained, to be kept and performed,the parties hereto do agree as follows: ARTICLE I PREMISES,RIGHTS AND PRIVELEGES CITY hereby offers to TENANT and TENANT takes from CITY, for its exclusive use except as otherwise noted, certain premises located in the terminal building, consisting more particularly of the following, to-wit: Baggage Claim wing office space (Suite Alll.l) containing 114 square feet as designated on Exhibit"A", attached hereto and made a part of this Agreement. ARTICLE 11 TERM OF AGREEMENT The term of this Agreement shall be for a period commencing on March 1, 2006 and terminating on October 19, 2009. ARTICLE III RENTALS, FEES AND OTHER CHARGES The rental rate for Suite At 11.1 shall be computed at the rate of$25.79 per square foot per armum and shall be $245.00 per month, payable by TENANT to CITY, beginning on March 1, 2006 and the first day of each month thereafter. Rental adjustments shall be based on current Patin Springs Comprehensive Fee Schedule for Exclusive Use Space/Conditioned. ARTICLE IV IMPROVEMENTS AND ALTERATIONS No improvements, alterations or additions; other than those heretofore installed or approved by CITY, shall be made into upon the demised premises by TENANT without the written consent of CITY being first obtained. Dp I_(7 nn�I C Afl`,DJ10,R n?`�FI 4E ilE ARTICLE V MAINTENANCE AND OPERATION Section 1. Utilities: CITY shall maintain heating and air conditioning systems in good condition and repair. Section 2. Repair and Maintenance: TENANT shall, at its sole cost and expense, maintain the demised premises, including all interior improvements, constructed or installed by CITY or TENANT therein, except heating and air conditioning ducts and systems and utility maintenance, and shall keep said premises in good condition and repair in a neat, clean and sanitary condition, and shall furnish janitorial service. Section 3. Trash, Garbage and Other Refuse: TENANT shall provide a complete and proper arrangement for the adequate, sanitary handling and disposal, away from the Airport of all trash, garbage and other refuse caused as a result of the operation of its business. TENANT shall provide and use suitable, covered metal receptacles for all garbage, trash and other refuse on or in connection with the demised premises. Piling of boxes, cartons, barrels or other similar items in an unsightly or unsafe manner, on or about the demised premises, is forbidden. ARTICLE VI INSURANCE It is agreed by the parties that the broad insurance provisions provided under the TENANT's Lease Agreement for Concessions; a separate agreement, would also apply to the additional space provided for herein. ARTICLE VII MISCELLANEOUS Section 1. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Section 2. The mailing address of CITY shall be P.O. Box 2743, Palm Springs, California 92263-2743,until written notice of change thereof has been given to Lessee. Section 3. The mailing address of TENANT shall be The Paradies Shops, Inc., 5950 Fulton Industrial Blvd. S.W., Atlanta, Georgia 30336. Section 4. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said parry(iii)by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which this party is bound. 1 CITY OF PALM SPRINGS ATTEST: a municipal corporation y C'- _ � 0 " Z�Clerk City Manager f APPROVED 6Y CITY COUNCIL �© ^i�ah �i•a•© b ��a�o APPROVED AS TO FORM: �qV/ By: City Attorpey TENANT: Check one:_Individual_Partnership ✓Corporation Corporations require two notarized signatures, one from A and one from B: A. Chairman of Board, President, or any Vice President: and B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). By: By: y r� Signature (notarized) Signature(notarized) Name: &M �nrrdi" Name:_A6A fha,(eK— Title:_ PrwA+, Title: CFb "a State of . . X' ✓LI } State of 6C�ffi _ County of )ss County of Is On � ,9,r 2006 before me, Om ,�� 06 before me, _Q'fyG personally) _ r )` ) (3 (�Ai� ) �G-personally appeared appeared .,�Icalf-_ L�, e%L dal .�/�r "^f`�,��� a� personally personally known t m(proved to me on the known to me (or proved to me on the basis of basis of satisfactory evidence) to be the person(s) satisfactory evidence) to be the person(s) whose whose name(s) is/are subscribed to the within name(s) is/are subscribed to the within instrument instrument and acknowledged to me that and acknowledged to me that he/she/they he/she/they executed the same in his/her/their executed the same in his/her/their authorized 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), or signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) the entity upon behalf of which the person(s) acted, executed the instrument. acted, executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Notary / �) u SignatuiY—&.- � _mar Signature )/V' /�� !a ��v ZIBLN UI 'JYo a lr,1i1iwJLt N �S'Pak °q -C ,p' I��r�l" u•_ �� �v � 1��i7 i��L�I�S hxu rov''li'mi"V 4 t, �lU 9 J �ZE U OUl) U Notary 'eal }. n ��( qp� ^yh IvI lF L 11. J I�Ili. ' to J u v9 20o, P 1 tQ%119.19i1 ;s16;i ..i f+)` 1�Ew 1 lJG, 5 Mor l ,' �0 wry 0 0 O O NOTE: SHADED AREA REPRESENTS AVAILABLE LEASED SPACE QO OF114 SQUARE FEET. X Qo - z \_ 'AREAOFBLOWUP I 1 f 1 I SUITE I I A111.1 I I I I ] I I I AGREEMENT NO . A5241 DUPLICATE copy of Agreement A4792 shall be included with all documents for this agreement. A4792 has been referred to by reference, see Page 2, Article VI - Insurance. Paradies Shops Retail Cart Lease AGREEMENT #11792 M07388, 11-5-03 NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT For Retail Cart At Palm Springs International Airport GENERAL PROVISIONS The City of Palm Springs, a municipal corporation ("City") hereby grants to the Operator hereinafter named, a license to operate a Retail Cart (as hereinafter defined) at the location specified below at the Palm Springs International Airport ("Airport") upon all of the terms and conditions contained In this Agreement. This Agreement is subject to the following general provisions: Operator: Paradies, Shops, LLC Address: 5950 Fulton Industrial Blvd. SW,Atlanta, Georgia 3D336 Phone: 760.778.6245 email:vicky.orth@theparadiesshops.com Operator's Representative: Dick Dickson, President-Gregg Paradies, Sr.Vice President Vicky Orth, General Manager Retail Cart Use: News, Gift and Retail Shop Items Security Deposit: NIA Annual Rental Payment: The annual rental payment shall be based on a percentage rent calculation. Percentage rent for the retail cart shall be calculated using the following percentages of gross receipts from business operations conducted on or from the retail cart: Business Percentage Percentage (0-800,000 Enplanements) (800,000 Enplanments and Above) News/Books/ Periodicals/Convenience 8% 10% PGA(associated gifts) 8% 10% Gifts (retail) 10% 12% Commencement Date: November 19, 2003 Term: 11/19/03 to 10/19/09 with one (1)five (5)year renewal option City Business License#: N/A Hours of Operations: During the Months of September through June, the Retail Cart shall remain open a minimum of 6 hours per day, beginning at 5:30 a.m., 7 days a week except during periods of extreme weather conditions. During the months of July and August, the Retail Cart may remain open at the discretion of the Operator. Retail Cart Identification & Location: Retail Cart#4 aRai a9� `kr Location:As shown on Exhibit"A" 11y G �6'�� p"Li�." . � Jil TERMS &CONDITIONS 1. The term"Retail Cart"shall mean a portable concession cart for the sale of services/merchandise licensed to the Operator pursuant to this Agreement. 2. The Operator shall provide the Executive Director—Airports monthly grass sales statistics in a form and content satisfactory to the City by the 10 r day of each month for the previous month. 3. The Retail Cart may not be moved or relocated to any other location or area of the Airport by the Operator. City may require the Retail Cart to be relocated based upon Airport operational needs at any time. 4. The initial list of merchandise/services including prices to be displayed /offered on or from the Retail Cart, and any subsequent changes to the list of merchandise I services I prices offered must be approved by the Executive Director—Airports in writing. Any proposed changes to prices, other than sale prices, seasonal inventory reduction and adjustments made as a result of new original designs must be first reviewed and approved in writing by the Executive Director—Airports. 5. Additional space adjacent to the Retail Cart may not be used for any purpose without advance written approval from the Executive Director—Airports. 6. Operator will not change hours or days of operation specified herein without prior written approval from the Executive Director—Airports except during periods of extreme weather conditions. 7. The Operator shall be responsible for all merchandise displayed on the Retail Cart. The Operator shall be responsible for properly securing the Retail Cart and all items stored in the Retail Cart. 8. No changes or alterations shall be made to the Retail Cart, including physical appearance or operational qualities of the Retail Cart without prior written approval from the Executive Director — Airports. 9. The Operator shalt keep the Retail Cart in excellent physical / operating condition during the Agreement term. The Operator shall inspect the Retail Cart on a daily basis with respect to its cleanliness, operation, physical appearance, and function. If repairs or maintenance are necessary, Operator shall immediately advise the Airport Operations Center. The Operator shall be responsible for the cost of all maintenance and/or repairs to damage to the Retail Cart as a result of negligence on the part of the Operator, its employees or agents. 10. The operations of the Operator, its employees, invitees and those doing business with it shall be conducted in an orderly and proper manner so as not to annoy, disturb or be offensive to others at the Airport. The City shall have the right to object to the Operator regarding the demeanor, conduct and appearance of the Operator's employees, invitees and those doing business with it, whereupon the Operator will take steps necessary to remove the cause of the objection. I I. Per Title 49, Code of Federal Regulations (CFR), Part 1542 every Sterile Area Worker (SAW) must have successfully completed a fingerprint-based Criminal History Records Check(CHRC). 12. In the use of the parkways, roads, streets, corridors, hallways, stairs and other common areas of the Airport as a means of ingress and egress to, from and about the Airport, and also in the use of portions of the Airport to which the general public is admitted, the Operator shall conform and shall require its employees, invitees and others doing business with it to conform to the Rules and Regulations of the Airport which are now in effect or which may hereafter be adopted for the safe and efficient operation of the Airport. 13. The Operator, its employees, invitees and others doing business with it shall have no right hereunder to park vehicles at the Airport Terminal. Parking is via permit only in the Employee Parking Lot. Parking for the loading/unloading of merchandise must be coordinated through the Airport Ground Transportation Center. 14. The Operator agrees to operate its business as a commercial operator at the Airport for the use and benefit of the public; to make available all facilities and services to the public, without unjust discrimination; and to refrain from imposing or levying excessive, discriminatory, or otherwise unreasonable charges or fees. 15. The Operator shall maintain during the term of the Agreement comprehensive general liability insurance in a form and content satisfactory to the City written on a per occurrence basis in an amount not less than $100,000 per person, $300,000 per occurrence, $50,000 property damage or a combined $_ single limit of $300,000. Said policy shall name the City and its officers, agents and employees as additional insured's. The Operator shall deliver certificates of insurance evidencing the coverage required herein. 16. The Operator shall maintain fire and extended coverage insurance written on a per occurrence basis on its improvements appurtenances, alterations, trade fixtures, equipment, personal property and inventory within the Retail Car from loss or damage to the extent of their full replacement value. Operator shall have the right to self-insure the items so long as Operator maintains a net worth satisfactory to the City. The City may require net worth documentation up to and including an audited financial statement. 17. The Operator shall maintain a policy of worker's compensation insurance in an amount as will fully q J comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Operator and the City against any loss, claim or damage arising from any injuries or t occupational diseases occurring to any worker employed by or any persons retained by the Operator in the course of conducting Operator's business at the Retail Cart. 18. All of the policies of insurance required to be procured by Operator pursuant to the Terms and �rp + Conditions herein shall be primary insurance and shall name the City, its officers, employees and agents as additional insured's. The insurers shall waive all rights of contribution they may have against the City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing 30 days prior written notice by certified mail to the City. Prior to the effective date of this Agreement and at least 30 days prior to the expiration of any insurance policy, Operator shall provide City with certificates of insurance or appropriate insurance binders evidencing the above insurance coverage's written by insurance companies acceptable to City, licensed to do business in the state where the Retail Cart is located and rated A:VII or better by Best's Insurance Guide. In the event the City determines that (1) the Operator's activities at the Retail Cart create an increased or decreased risk of loss to the City, (ii) greater insurance coverage is required due to the passage of time, or (III) changes in the industry require different coverage's be obtained, Operator agrees that the minimum limits of any insurance policy required to be obtained by Operator may be changed accordingly upon receipt of written notice from the City; provided that Operator shall have the right to appeal a determination of increased coverage by the City to the City Council of City within ten (10)days of receipt of notice from the City. 19. The Operator, as a material part of the consideration to be rendered to City under this Agreement, hereby waives all claims against city for damages to equipment or other personal property, trade fixtures, or improvements in, upon or about the Retail Cart and for injuries to persons in or about the Retail Cart from any cause arising at any time. The Operator agrees to indemnify the City, its officers, agents and employees against, and will hold each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities that may be asserted or claimed by any person, firm or entity arising out of in connection with the negligent performance of the work, operations, or activities of Operator, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the use of the Retail Cart by Operator or its employees and customers, or arising from the failure of Operator to keep the Retail Cart in good condition and repair, as herein provided, or arising from the negligent acts or omissions of Operator hereunder, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees J 1 but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees,who are directly responsible to the City, and in connection therewith: (a) Operator will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney fees incurred in connection therewith; (b) Operator will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Operator hereunder; and Operator agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees are made a party to any action or proceeding filed or prosecuted against Operator for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Operator hereunder, Operator agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including, but not limited to legal costs and attorney fees. 20. The parties hereto agree that the State of California is the proper jurisdiction for litigation of any matters relating to this Agreement, and service mailed to the address of Operator set forth herein shall be adequate service for such litigation. The parties further agree that Riverside County, California is the proper place for venue as to any such litigation and Operator agrees to submit to the personal jurisdiction of such court in the event of such litigation. 21. The Operator for itself, its successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree: (a) The Operator shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Operator shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-FAA-AIP assisted contracts. Failure by the Operator to carry out these requirements is a material breach of this contract,which may result in the termination of this contract or such other remedy, as the City deems appropriate, 22. Any notice given under the provisions of the Agreements shall be in writing and shall be delivered personally or sent by certified or registered mail, postage prepaid addressed to Operator at the address set forth on page 1 of this Agreement and the City as follows: Executive Director—Airports Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Suite OFC. Palm Springs, CA 92262 23. The Operator shall promptly repair or replace any property of the Airport damaged by the Operator's operations hereunder. The Operator shall not install any fixtures or make any alterations or improvements in or additions or repairs to the Retail Cart or any property of the Airport except with prior written approval of the Executive Director—Airports. 24, The City shall have the right at any time and as often as it may consider it necessary to inspect the Operator's operations and / or services being rendered, any activities or operations of the Operator hereunder. Upon request of the City, the Operator shall operate or demonstrate any displays owned by or in the possession of the Operator at the Airport or to be placed or brought on the Airport premises, and shall demonstrate any process or other activity being carried on by the Operator hereunder at the Airport. Upon notification of the City of any deficiency in any operation, the Operator shall immediately make good the deficiency or withdraw the machine or piece of equipment from service, and provide a satisfactory substitute, a_, I � j, �._ 25. No signs, posters or similar devices shall be erected, displayed or maintained by the Operator in view of the general public without advance written approval of the Executive Director — Airports. Any unapproved signage may by removed by the Airport at the expense of the Operator. 26. The Operator's representative herein before specified for such substitute as the Operator may hereafter designate in writing, shall have full authority to act for the Operator in connection with this Agreement, and to do any act or thing to be done hereunder, and to execute on behalf of the Operator any amendments or supplements to this Agreement or any extension thereof, and to give and receive notices hereunder. 27. For the rights and privileges set forth herein, the Operator shall pay in advance, without deduction or offset, the City the monthly amount shown on page 1 of this Agreement. Said amount shall be remitted to the City on the first day of each month for each month the Operator shall be operating the retail cart at the Airport. For any period less than a full month, the operator's fee shall be prorated, 28. The Operator acknowledges that any payment to be paid by Operator not paid within five (5) days of its due date shall be subject to a five(5%)late charge. 29. The Operator shall provide a security deposit, Said deposit shall be paid at the time of the Agreement issuance. Upon termination of the Agreement and provided that all amounts due the Airport are paid, and the Retail Cart has been returned to the Airport in the same condition as received by the Operator, subject to normal wear-and-tear and exposure to weather conditions, the deposit shall be returned to Operator. In the event fees are riot paid or if the Retail Cart is damaged, City shall have the right, but not the obligation to draw upon the deposit to cover said costs. Upon the termination of the Agreement any balance of the deposit not drawn against shall be paid to the Operator. 30. Operator shall not sell or keep, used or displayed in or about the Retail Cart (a) pornographic or sexually explicit books, magazines, literature, films or other printed material, sexual paraphernalia, or other material which would be considered lewd, obscene or licentious, (b) any article which may be prohibited by standard forms of fire insurance policies, or(c)any alcoholic beverages. 31. Operator shall comply with all of the requirements of all municipal, state and federal authorities not in force or which may hereafter be in farce pertaining to the use of the Retail Cart and the operations of Operator at the Airport. 32. Operator shall be responsible for collection of sales tax and must possess a sales tax permit with a Palm Springs remitting address, 33. Operator agrees to pay prior to delinquency all lawful taxes and assessments which during the term hereof or any extension may become a lien or which may be levied by the state, county, city, or any other tax-levying body, upon the Retail Cart or upon any taxable interest of Operator acquired under this Agreement, or any taxable possessory interest which Operator may have in or to the Retail Cart or by reason of its occupancy thereof or operations thereon, as well as all taxable property, real or personal, owned by Operator in or about the Retail Cart. Upon making such payments, and upon request by the City, Operator shall provide the City a copy of the paid receipts and vouchers showing such payment, With respect to assessments for improvements which are or may be payable in installments, Operator shall either pay the lump sum tax due or pay the installment portions as they become due. Even though the term of this Agreement has expired, when final determinations is made of Operator's share of such taxes and assessments, Operator shall immediately pay to city the amount of any additional sum owed. 34. Operator shall provide a complete and proper arrangement for the adequate sanitary handling of all trash and other refuse caused as a result of the operation of the Retail Cart and shall provide for its timely removal to the central collection point to be provided by the City. Operator shall provide and use suitable covered fireproof receptacles for all trash and other refuse on or in connection with the Retail Cart. Piling of boxes, cartons, barrels, or other similar items in view of a public area shall not be permitted. } 35. In transporting merchandise, products, trash, and refuse associated with the operation of the Retail Cart to and from the Retail Cart, Operator shall use only carts, vehicles, or conveyances that are sealed and leak proof. 36. Operator shall not assign this Agreement or sublet the Retail Cart or any interest therein, without the prior written consent of the City. Any assignment or subletting without the consent of the City shall be void and constitute an incurable default hereunder. 37, The occurrence of any one or more of the following events shall constitute a default and breach of the Agreement by Operator., (a) the failure to pay any rental or other payment required hereunder to or on behalf of the City more than three(3) days after written notice from City to Operator that Operator has failed to pay rent when due; (b) the failure to perform any of Operator's obligations hereunder(exclusive of a default in the payment of money) where such default shall continue for a period of thirty (30) days after written notice thereof from City to Operator which notice shall be deemed to be the statutory notice so long as such notice complies with statutory requirements; (c) failure of Operator to operate the Retail Cart for three (3) or more consecutive days or for a total of five (5) days during any thirty (30) day period (September through June); (d) the making by Operator of a general assignment for the benefit of creditors; (e) filing by Operator of a voluntary petition in bankruptcy or the adjudication of Operator as bankrupt; (f) the appointment of a receiver to take possession of all or substantially all the assets of Operator located at the Airport or of Operator's interest in the Retail Cart; (g) the filing by any creditor of Operator of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days. In the event of any such default or breach by Operator, City shall have the right at any time thereafter to elect to terminate the Agreement and Operator's right to possession hereunder. 38. Operator hereby acknowledges and agrees that the Agreement herein granted is not an exclusive lease and the City shall have the right to deal with and perfect arrangements with any other individual or individuals, company or corporation to engage in a like Operator activity at the Airport. In the event that any contract granted by the city to any other like Operator shall contain any provisions more favorable to such Operator than the terms herein granted, then, at the option of Operator which option shall be exercised by providing written notice to City within thirty(30) days of the date Operator receives notice of such more favorable provision, this Agreement shall be amended to include such more favorable terms and any off-setting burdens that may be imposed on any such other like Operator. The intent of this provision is to ensure that Operator is competing on as equal of terms as possible with any additional Operator and, as a result, no other Operator shall enjoy any rights, profits or conditions more.favorable to such Operator than these enjoyed by Operator. 39. The term of this Agreement shall commence as of the date set forth at the first page of this Agreement and continue for the period stated therein. Either party may elect to terminate this Agreement before the end of the term by giving written notice to the other party not less than thirty (30) days prior to the requested termination date. 40. The Operator, its agents and employees shall conduct and maintain a friendly, cooperative though competitive relationship with its competitors operating on the Airport. Operator shall not engage in open, notorious and public disputes, disagreements or conflicts tending to deteriorate the quality of service of its competitors or be incompatible to the best interest of the public at the Airport. The City shall have the right to resolve all such disputes, disagreements, or conflicts and its determination shall be final. 41. This Agreement covers in full each and every agreement of every kind or nature whatsoever between the parties hereto concerning this Agreement, supersedes any and all previous negotiations, agreements and understandings, if any, between the parties, oral or written, and merges all preliminary negotiations and agreements of whatsoever kind or nature herein. Operator acknowledges that City or its agents or representatives have made no representations or warranties of any kind or nature not specifically set forth herein. Lj 5 IN WITNESS WTEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST., a municipal corporation By: By: City Clerk City Manager APPROVED AS TO FORM: OV lGtlrt: d 6 City Attorney ��('��71.(.i'+.\ rtii t t✓, v CONTRACTOR: Check one:_Individual Partnership_Corporation Corporations require two notarized signatures. One from each of the following, A. Chairman of Baud,President,of any Vice President.AND b,Secretary,,4ssistant Seo[emry,Treasurer,Assistant Treasures or Chief Financial Officer). By: Sy' '(Signature(notarized) Signature(notarized) Name: if�')b u✓,;'„4 6 Name: ,()(dtl l?Ji�li[]G 1 d „•n Title: �' s Cd�, a L v ' Title: Stale ot$ State o4fi j County {{of�,}p[i)V4rF' se County of{f; , ,"' es Cri lid "',i L"t before me, r'Frkr tv ri �l�. i°a�i� " On N)�tl?I'C', befrreme D).%{%"'i..:o�:.fld/F i�.f'F'�� • personally appeared ic, o'�c•al La i' ;^ 'l A i��. personally appeared -�i•3i'S --a °on%:.t e' Q%-^- personally known to me{or pm'vea tome on the Basis of satisfactory personalty known to me'�(or proved to me on the basis of satisfactory evidence)to be the persons)whose mmic(s)is/are subscribed to the evidence)to be die person(s)whose❑ame(s)is/are subscribed to the within instrument mid acknowledged to methatlie'she/they executed within instrument and acknowledged to me that he/she/they executed the same in IlWher)ihcir initialized capecity(ies),acid that by the same in hisflier/tlmir authorized eapacity(ics),mid that by Iris/her/ttioir aignature(s)on the imtnnmGa the person(s),or the tuslber/their signature(s)on tine hatrummiLthe person(s),or the- entity upon behalf of which the persons)aeted,�kecuted the entity upon behalf of which the person(s)acted,e_xcduted';e insinuator. - instrument MTNLSS ivy hand and official seal WITNESS my hand and officiat seal. - CPO + u Nolan SI tr��i•o.r d9 ai✓'° r „ i- + y 7 7� m"� d i/.I�INI!�„r d i i✓e l�'lug^ �, Y & y e C7/ ^yy ,, � (l•1 Y;A. ��sA1 a ".gi lr�� � �1r h�i'u 1'il�':3 .�q•teF -,v:u r,•� +,H lh Ca� l l:nli(,�vt'1\iLli�'�11��Oa` tl l� itn ��°1v )?a3i' +�J��/1l�in(u;E:➢�i:.=1� 'u'.<1,S_. . ���1 j�•II L k' 41,-•�, 12/01/2003, NON 11:42 FAX 003/005 IN WITNESS WHEREOF, the parties have executed acid entered into this Agreement as of the date fast wAtten above. CITY OF PALM SPRINGS ATTT; '11 a municipal Corporation City Clcrk ,, ,� ��"'�; City Manager APPROVED AS TO FORM; By4-,W City Mime; CONTRACTOR: Chuukonc:,_individual_Parmorship,=Corporation CnrpnmGtins re9pire two natadzCd signatures: One IPom each ofthe followin(r A Chaaman ofIIannl,President,or any Viee presidcnC AND .B.Secwtary,Assls[ar[5eantnry,'fmasuror,AasistvrtTrcasurer,or ChiofFvrmctal OfTiaer). By:_ By: Signature(notarized) Siguature(notarized) Name: Nance; Title: Title; Staic of — Stale of County of -ss Countyar =ss Ott before me On before me personally appuurtd _ personally appeared p=tzaR ty known to me(or proved tome on the basis of ml td'actory personally known to me(orpmved tome on the basis of satisfactory evidence)to be the person(s)whose name(s)islare subscribed to the ovidenoa)to be the porson(s)whose neme(s)Watt miscalled to the wi9dn instryniont and acknowledged to me that he/she/fhey cxeamed within instrument and acknowledged to me thoOlolsheN[oy executed the saute in his/ber/their ualhorizcd capachy(ics).and that by the wur.,e in histhcrfdtolr authorized eapacity(ies),and that by his/herAWT signatura(s)on the instrument the penon(A),or the his/her/their sigaalme(s)on rho instrument the person(s),or the entity upon behalf of which the pemou(s)acted:executed the entity upon behalf of which the persons)acted,executed file instrument. instrumert WY'TNLt55 my hand and official seal. WITNESS my band and official soul. Notary Signature: Notary Signutum: Notary Such Notmy 5PO; EXHIBIT i0A" o a O �i....... I Z q RETAILCART�#4 � r nomaoo�c � � � Oo J I n 0 A � q � e gym- , A AORDTM DATE(MY) CERTIFICATE QF LIABILITY.'IN5URANCE 03/10/06l0/06 raoDADO R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 356 Pie services, Inc. of Georgia 565 Piedmont Rd NE,el gl,#700 AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS Atlanta GA 30305 USA CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE (866) 283-7124 FAX-(866) 430-1035 INSURERS AFFORDING COVERAGE INSURED INSURER Sentry Ins A Mutual Company The Paradies shops Inc. wsORERB: P. O. Box 43485 Atlanta GA 303360000 USA INsuRER c, d w INSURERD 'L c e INSURER E � COVERAGES This Certificate is noCintended'to specify all endorsements,coverages,es,terms,conditions and exclusions of the policies shown. i THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING t ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY S PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR POLICY EFFECTIV POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER OATE(MM\DO\YY) OATE(MM\DD\ri) LIMITS m A GENERAL LIABILITY 901614303 07/01/05 07/01/06 EACH OCCURRENCE $1,000,000 n X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one Ere $1,000,000 N CLAIMS MADE❑X OCCUR MEO EXP(Any one uercon7 $10,000 C PERSONAL&ADV INJURY $2,000,000 v GENERAL AGGREGATE $5,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRO- PRODUCTS-COMPIOP AGG $2,000,000 JEC Y` POLICY PRO LOU z A AUTOM0131LE LIABILITY 901614304 07/01/05 07/01/06 Auto - A05 COMBINED SINGLE LIMIT t: X ANY AUTO (En accident) $1,000,000 i A 901614305 07/01/05 07/01/06 a ALL OWNED AUTOS TexaS Auto BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON OWNED AUTOS (Peracedent) X Comp. Ded - $500 PROPERTY DAMAGE X -Coll. Ded, - $500 (NI-meedent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY. AGO EXCESS LIABILITY EACH OCCURRENCE OCCUR ❑ CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION A WORKERS COMPENSATION AND 901614301 07/01/05 07/01/06 X WC STATU- OTH- EMPLOYERS'LIABILITY TORY LIMITS ER E.L.EACH ACCIDENT $1,000,000 0 E.L.DISEASE-POLICY LIMIT 1150005000 E.L.DISEASE-EA EMPLOYEE $1,000,000 OTHER DESCRIPTION OF OPEMTIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The city of Palm springs is named as an Additional Insured excluding workers' compensation and Employers' Liability as required by written contract but limited to the operations of the Insured under said contract, and always subject to the policy terms, conditions and exclusions. cancellation Provision shown herein is subject to CERTIFICATE HOLDER .. CANCELLATION Palm springs international Airport SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Attn: 3anet Buck DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Department Of Aviation 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3400 Tahquitz canyon Way BUT FAILURE'PO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY Suite OFC OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. �y Palm springs CA 92262 USA AUTHORIZED REPRESENTATIVE ACORD 25-Ei 7/97) ACORD CORP RATION 1988 Attachment to ACORD Certificate for The Paradies shops Inc. The terns, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURER INSURED The Paradies shops Inc. INSURER P. o. Box 43485 Atlanta GA 303360000 USA INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY USSR TYPE OF INSURANCE POLICYNUMBER EFFECTIVE EXPIRATION LIMITS LTR POLICY DESCRIPTION DATE DATE DESCRIPTION OF OPERATIONS/ OCATIONSNEHICLES/ XCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS shorter or longer time periods depending on the jurisdiction of, and reason for, the cancellation. Certificate No: 570016974940 Best's Rating Center- Search Results Page 1 Page 1 of 1 Best ter r`^Y View Ratings: Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: Select One ?- Search Results Page 1 of 1 4 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with sentry ins To refine your search, please use our Advanced Search or view our Online Help for more information. New search' sent y ins 'View results starting with: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z RE ---- ----- --- Company Information Financial Strength Ratings Issuer Credit Ratings y Outlook/ Y Outlook/ t * AMB# Company Name X Rating R Implication Long-Term x Implication * Short-Term Domicile 02466 Sentry Insurance a Mutual Company A+ Stable US:Wiscor (Property/Casualty-Insurance Company) 87090 Sentry Insurance A Mutual Co CAB A+ Stable CA: Ontaric (Property/Casualty-Insurance Company) 00086 t Sentry Insurance Group A+ Stable US:Wiscor (Property/Casualty-A.M.Best Consolidated Group) 19745 Sentry Insurance Group US:Wiscor (Property/Casualty-Company Consolidated Financial Statement) Note:Financial Strength Ratings as of 0311012006 03:49 PM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating; * Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet stren operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,includin policyholders.View our entire notice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map IPrivacy Policy I Security I Terms of Use I Legal & Licensing Copyright©2006 A.M. Best Company, Inc.All rights reserved. A.M.Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858, U.S.A. http://www3.ambest.coin/ratings/RatingsSearch.asp?AltSrc=9 03/10/06 X o7 ( r) 0 . /�♦itt�a�t ,'�- K Y�D�.,in1�.T.r ����l �L�� ���+ rsi..,-.`�-, � `� - 7/�01/0/OS THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED,IS IN FORCE,AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODUCER PRONE (866) 283-7124 COMPANY ADD Risk services, Inc. of Georgia 3565 Piedmont Rd NE,B1gl,4700 Hartford Fire insurance co. Atlanta GA 30305 USA 4 y E FAx- (866) 430-1035 q CODE: SUB CODE ,may tr AGENCY 10644193 ° CUSTOMER)ER) N 0 INSURED LOAN NUMBER POLICY NUMBER 2000MUW7810 The Paradies shops, Inc. P. D. Box 43485 Atlanta GA 303360000 USA, ERFECTHI DATE EXPIRATION DATE CONTINUED CHID, 07/01/05 07/01/06 TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DAZED ^� O V N P-ppj�l, q•y217 ORMAT[6N . '. w s:.� kx t -2` m e+ o, m ""1 n,.. ' 'u"'-n`s!e°a v e.2LOCATIONME. LOCATIONNESCRIPl'ION O t\ EZ Go Golf- cart #1022290 Code r0497. Limit $956,000 '^ cancellation Provision shown herein is subject to shorter or longer time periods depending on the jurisdiction of, and reason for, the cancellation. z d COVERAGESNERD.SIFORMS AMOUNT OF INSURANCE DEDUCTIBLE U Commercial Property coverage Flood - Aggregate - $ 1,000,000 Earthquake - Aggrega $ 1,000,000 Business Income & Ex $ 250,000 Valuation: 100% Replacement Cost / Scheduled Limits Per Location / $2,500 Direct Physical Loss Deductible - Per Occurrence All risks of direct physical loss or damage to covered property and business income from covered causes of loss subject to terms and conditions of the coverage form. IBM THE POLICCY IS SUBJECT TO THE PREMIUMS,FORMS,AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE t-�! _ POLICY BE TERMINATED,THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT -k INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. NAME AND ADDRESS MORTGAGEE ADDITIONAL INSURED Palm springs International Airport LOSS PAYEE Attn: Janet Buck Department of Aviation 1 3400 Tahquitz Canyon way LOAN n Suite DEC / r Palm Springs CA 92262 USA AUTHORIZED REPRESENTATIVE l�'T I n'PI n M E M 0 R A N D U M 6 ?rl A:lr �CItsC3R��`� TO: Janet Buck Aviation FROM: Kathie Hart, CIVIC Chief Deputy City Clerk DATE: March 22, 2006, 2006 SUBJECT: Paradies Shops —A5241 Supplemental Space Usage Agreement Attached are three (3) duplicate original copies of the above referenced agreement for your files and distribution. We have kept the original copy for our records. Please feel free to contact our office if there are any concerns. /kdh Attachment CONTRACT ABSTRACT Contract Company Name: Paradies Shops, Inc. Company Contact: Gregg Paradies Summary of Services: Supplemental Space Use Agreement Contract Price: N/A Funding Source: Revenue not expense Contract Term: 3/1/06 - 10/19/09 Contract Administration Lead Department: Aviation Contract Administrator: Steve Zehr Contract Approvals Council/ Community Redevelopment Agency Approval Date: 3/1/06 Minute Order/ Resolution Number: M07825 Agreement No: A5241 Contract Compliance Exhibits: Yes 0 Signatures: Yes Insurance: Yes Bonds: N/A Contract prepared by: Steve Zehr Submitted on: 3/8/06 By: Janet Buck