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04865 - CV TAXI CAB OWNERS ASSOCIATION AIRPORT LEASE
Page 1 of 2 Kathie Hart From: Janet Sheraton Sent: April 01, 2009 8:22 AM To: Kathie Hart z Subject: RE: Expired Agreements Attachments: SHE COI 4 1 09.pdf Good Morning Kathie, Gensler—A4382 still active �l TSA Reimbursement Agreement—A4736 closed (New Agreement began 10/1/07—A5561) � C.V. Taxi—A4865 closed SH&E—A4922 closed (New Agreement 5 year began 11114/06—A5350) We can encumber up to 125K per year if we wish. New agreement should remain open until 11/13111. I think you have the COI— but I attached a copy just to be sure. Dewey—A4924 will close 6130/09. Procurement is going out for anew RFP effective 7/1/09. Trueblood--A5632 closed 6/27/08 Harbor—A5659 still active--Change Orders pending Trueblood—A5726 closed 2/24/09 Thank you, is From: Kathie Hart Sent: Tuesday, March 31, 2009 4:27 PM To: Janet Sheraton Cc: Jay Thompson Subject: Expired Agreements Janet: Attached is a list of the expired agreements. Please advise if they may be closed. Example: A4922, SH&E, expired in 09-2007. Per Tom Nolan, on 09-14-07, the agreement was to remain open. If this is to remain open, I will need to request current insurance certificates. Thx for your help. tw"e Kathie Hart, CMC Chief Deputy City Clerk 04/01/09 pAL61 u r)cParrm 1c�a(flv"tenon6 ,.l: ll• J I * P palm Springs International Airport 3400 G.Taliquica Canyon Way,Suirc oP6-lr lrzl,Sb4{ gs,',Colifornla 92262-6966 C`,gL)Fp?VO" 'icl' (760)318-3800 • Pax:(760)318-3815 -',�cA: v64rw hh",ingslirporr.com February 28, 2007 Mr. Sergio Santo, President Coachella Valley 'Taxi Owners Association P.O. Box 5451 Palm Springs, CA 92263 RE: Final One Year Option—Office Space Lease A4865 Dear Mr. Santo: The City has received your request to exercise the final one year option for the above referenced lease- Pursuant to Section 2.2 of Lease A4865, the City hereby consents to the final one year option of the above referenced lease, subject to the terms and conditions of the existing lease agreement. The effective date of this extension shall be April 15, 2007 through April 14, 2008. In accordance with Section 33 of the lease agreement, the monthly rental shall be adjusted by the change in the Consumer Price Index (CPD, All Urban Consumers for the Los Angeles-Riverside-Orange County, CA for the calendar month three(3) months preceding the effective date of the option term. Based on information obtained from the U.S. Department of Labor, the change in the CPT for the Period January 2006 to January 2007 was 3.2%. Therefore the new rent effective May 1, 2007 will be S295.22 per month. If you have any questions concerning this matter, please contact roe. SincercI Richard S. Walsh, A.A.E. u. U Director of Aviation - - - -- cc: Valciie Johnson, A/R City of Palm Springs C.V. Taxi file Outgoing correspondence file G� .— Post Office Box 2743 0 Palm Springs, California 92263-2743 Bureau of Labor Statistics Data Page 1 of 1 U.S. Department of Labor glow Bureau of Labor Statistics Bureau of Labor Statistics Data www.bIS,9ov,J Advanced Search I A-Z Index BLS Home I Programs & Surveys I Get Detailed Statistics Glossary What's New I Find it! In 00L Change Output From: 9997 ' To: 2007 (D Options: r include graphs new! More Formatting Options► Data extracted on: February 28, 7007 (4:15:12 PM) Consumer Price Index - All Urban Consumers Series Id: CUi]RA421SAO Not Seasonally Adjusted Area: Los Angeles-Riverside-Orange County, CA Item: All items Base Period: 1982-84=100 Year Jan Feb I Mar Apr May Jun Jul I Aug Sep Oct I Nov Dec Annual 1997 159.1 159.2 159.8 159.9 159.5 159.4 159.5 159.7 160.5 161.1 160.7 161.2 160.0 1993 161.0 161.1 161.4 161.8 162.3 162.2 162,1 162,6 162,6 163.2 163.4 163.5 162.3 1999 164.2 164.6 165.0 166.6 166.2 165.4 165.8 166.3 167.2 167.2 167.1 167.3 166.1 2000 167.9 169.3 170.7 170.6 171.1 171.0 171.7 172,2 173,3 173.8 173.5 173.5 171.6 2001 174.2 1175.4176.2176.6177.5178.9178.3 178.4 178.81178.3 178.1 177.1177.3 2002 178.9 1180.11181.1 182.2 182.6 181.9 182.2 183.0 183.4 183.7 184.0 183.7 182.2 2003 185.2 1186.51188.2 187.6 186.4 186.3 186.3 186.9 188.2 187.8 187.1 187.0 187.0 2004 188.5 190.1 191.5 191.9 193.3 193.7 193.4 193.1 194.5 196,3 196.9 195.2 193.2 2005 195.4 197.4 199.2 201.1 201.5 200.7 201.4 203.1 205.8 206.9 205.6 203.9 201.8 2001 206,0 207.5 208.5 210,5 212,4 211.1 211.4 211.9 212,9 211.4 211.1 210.6 210.4 E2nj 212.584 286 •.07 X En 0 ad.am.of 1 0 - D 3 2 rey it Linkir 9 . 1 5 4 2 4 ' U.S. Bureau of L z 1 2 ' ] u L (202,) 691-5200 Poslal Square Bui o , I: (202) 691-6325 2 Ma55achuse[Cs 0 5 - i Data question? Washington, DC 2 r [web]_.queskion7 6 5 8 4 2 $ 6 0,1 ther comments 6 . 58 :i _ 9 . 15 + 206 - = 295 . 22 == 0 . 0319511550435 -- 0 - x n • r: http://data.bls,gov/cgi-bin/sti veyinost 2/28/2007 pF ?A L M Sp N City of Palm Springs s # Department of Aviation AOeAYt4 Palm Springs International Airport T 3400 E.Tahquitz Canyon Way,Suite CFC • Palm Springs,California 92262-6966 q(1 FO RN'� TEL:(760)318-3800 • FAX(760)318-3815 • TDD(760)864-9527 March 13, 2006 t; Mr. Sergio Santo, President Coachella Valley Taxi Owners Association PO Box 5451 Palm Springs, CA 92263 RE: RENEWAL OPTION —AGREEMENT 4865, M07467, 4/7/04 Dear Mr. Santo: This letter confirms the renewal option of Agreement 4865 for the office space located in the Ground Transportation Center at Palm Springs International Airport. The option period will be April 15, 2006 through April 14, 2007. Please provide a current certificate of insurance per the requirements in the aforementioned agreement with the City of Palm Springs. B;\ Sincerely, Steve Zehr, A.A.E. Assistant Director of Aviation SZ:jb cc: Outgoing correspondence file C.V. Taxi file K City of Palm Springs / City Clerk Post Office Box 2743 0 Palm Springs, California 92263-2743 w I [Mailing Address P.O. Box 5451 T. Palm Springs, CA 92263 [ Located at:) COACHELLA r/ALLEYTAhIOWNEE.SASSOCIAwiv Palm Springs Int_ Airport Transportation Center • To protect and pramoYe Yfre taxi industry in the Coachella Yallty• 31 a N. El Clela, Suite 1 QQ •Founded November S,2002•.Wzliaiedwith A.0.T.A,+ •RNon-Prof!Beneficial Assoclarion • Palm Springs, CA 92262 •Member ojThe Palm Springs Clamber ofCommerce• (760)778-5156. 1-(8Ti)778-TFVXI • Fax(760)7765157 + Introducing our new affiliate CahAdsC) Advertising on Taxicabs + FAX J � . To: Mr. Steve Z � � Palm Sprin ernationaf Airport , Fax- 318-3816 Phone: 318-3821 y From: Sergio Santo, President, CN.T.O.A. 4 J Date: March 10, 2006 Re: Lease Option and Request for Immediate Maintenance Pages: 1 - Including Cover Sheet1 CC: Mr. David Ready City Manager-City of Palm Springs Dear Mr. Zehr: We will option to lease our office space for the upcoming year-2006 -2007. Thank you for agreeing to buff the floors. Sincerely, a Sergio M. Santo President, C.VT O.A. SMSIsh � d n ni^'ii -ini jei FROM Computer perfeot FAX NO. �'� � � ; I - Mar. 2B 2005 10:34RM P1 V'1 ` ,` T. A r Palm Springs Int.Airport Ransportofion Center IV/ r/1! P.O. Box 5451 + Palm Springs, CA 42263 (760) 778-5156 • Fax (760) 778-5157 COACHELLA VALLE, Y7'AXIOWNEPSASSOCIATION +T'o pror¢etandrromom Uie xan irsdusY/y in the Cv07rP.Aa Vallay a FixmdsdJV"4mber5,2002 •AjriAaledwlrhA.G.['A..• ♦ ANan•ProfirB wefrcial Aar�arion 0562320956 FAX TO: Mr. Lawrence D-Wedekind Of: Landside Operations Manager Palm Springs International Airport Fax. 318-3815 From: Sergio M. Santo, President-C.V.T.O.A. Date: March 28, 2005 Dear Mr. Wedcl ind: Concerning the office space lease the C.V.T_O.A, has at the Transportation Buildang,the C.V.T.O.A.will option to continue leasing for the next year. Your help in this matter is appreciated. Sincerely, Sergio M. Santo President, C.V.T.O.A. CV Taxi Cab Owners Assoc R Airport Lease AGREEMENT #4865 MO7467, 4-7-04 LEASE CITY OF PALM SPRINGS, a municipal corporation "Landlord" and COACHELLA VALLEY TAXI OWNERS ASSOCIATION "Tenant" i�'N�PG�k LEASE THIS LEASE("Lease")is made and entered into this 15th day of April,2004, by and between the CITY OF PALM SPRINGS, a municipal corporation("Landlord"),and the Coachella Valley Taxi Owners Association ("Tenant"). 1. LEASE SUMMARY. Certain fundamental lease provisions are presented in this Section and representthe agreement of the parties hereto, subject to further definition and elaboration in the respective referenced Sections and elsewhere in this Lease. In the event of any conflict between any fundamental lease provision and the balance of this Lease, the latter shall control. References to specific Sections are for convenience only and designate some of the Sections where references to the particular fundamental lease provisions may appear. 1.1 Demised Premises. The"Demised Premises"shall refer to that certain real property located in the County of Riverside, State of California, as more particularly described in Exhibit"A" hereof and consisting of approximately 210.4 square feet of office space located in the Airport's Ground Transportation Building. 1.2 Lease Commencement Date.The term of this Lease shall commence on April 15, 2004 and shall terminate on ApriI14, 2005, 1.3 Extension Options. Three one (1) year options. (See Section 2.2). 1.4 MonthlV Rental. Base Rental- $271.41 (See Section 3.1). 1.5 Security Deposit. $300.00. 1.6 Use of Demised Premises. Demised Premises may be utilized forsuch lawful uses permitted under the Zoning Ordinances of the City applicable to the Demised Premises and the Airport Rules and Regulations in conjunction with doing business as the Coachella Valley Taxi Owners Association. 1.7 Not Applicable Sections. Sections 3.2 and 3.10. 1.8 Tenant's Address for Notices. Sergio Santo, President Coachella Valley Taxi Owners Association Post Office Box 5451 Palm Springs, CA 92263 2. TERM. 2.1 Initial Term. The initial term of this Lease shall commence on the date specified in Section 1.2("Commencement Date")and shall continue forthe period specified therein unless earlier terminated as provided herein. 2.2 Option Term. Tenant is given the option(s) to extend the term on all of the provisions contained in this Lease for the period specified in Section 1.3("extended term")following the expiration of the initial term or any other extended term properly exercised hereunder, by giving notice of exercise of the option("option notice")to Landlord at least sixty(60)days but not more than six(6)months before the expiration of the initial term or any other extended term properly exercised hereunder; provided that, if Tenant is in default on the date of giving the option notice, the option notice shall be totally ineffective or, if Tenant is in default on the date the extended term is to commence, the extended term shall not commence and this Lease shall expire at the end of the initial term or properly exercised extended term. 2.3 Time. Time is of the essence of this Lease. 2.4 Force Majeure. If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, strikes, lockouts, labor troubles, inability to procure materials, restrictive governmental laws or regulations or other cause without fault and beyond the control of the party obligated(financial inability excepted),performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay, provided such party provides the other party written notice of such event within ten (10) days of the commencement of the delay;provided, however, nothing in this Section shall excuse Tenantfrom the prompt payment of any rental or other charge required of Tenant hereunder except as may be expressly provided elsewhere in this Lease. 2.5 Holding Over. Any holding over afterthe expiration of the term of this Lease, with the consent of Landlord, express or implied,shall be construed to be a tenancy from month to month, cancelable upon thirty (30) days written notice, and at a rental equal to one hundred fifty percent (150%) of the last applicable Monthly Rental and upon terms and conditions as existed during the last year of the term hereof. 3. RENTAL. 3.1 Monthly Rental. Tenant shall pay to Landlord, during the term of this Lease from and after the Commencement Date as monthly rental ("Monthly Rental") for the Demised Premises the sum specified in Section 1.4 hereof, which sum shall be paidin advance on the first day of each calendar month. In the event the Commencement Date does not occur on the first day of a calendar month,the Tenant shall pay the rental for the fractional month on the Commencement Date on a per diem basis (calculated on a thirty-day month). All rental to be paid by Tenant to Landlord shall be in lawful money of the United States of America and shall be paid without deduction or offset, prior notice or demand at the address designated in Section 13.10 hereof. 3.2 Percentage Rental. (a) In addition to the Monthly Rental hereinabove agreed to be paid by Tenant, Tenant shall and will pay to Landlord at the time and in the manner herein specified as additional rental(sometimes referred to herein as"percentage rental")a sum equal to the following: (i) The product of the rate set forth in the Landlord's fee schedule payable by Fixed Base Operators times the gross sales made in, upon, or from the Demised Premises with respect to any commercial activity each month during the term hereof. (b) Within fifteen(15)days after the end of each calendar month of the term hereof,commencing with the fifteenth(15th)day of the month following the Commencement Date, and ending with the fifteenth (15th) day of the month next succeeding the last month of the Lease term, Tenant shall furnish to Landlord a statement in writing, certified by Tenant to be correct, -2- showing the total gross sales made in, upon, or from the Demised Premises duringthe preceding calendar month relating to such commercial activity(orfractional month at the beginning of the term if the Commencement Date is other than the first day of a month), and shall accompany each such statement with a payment to Landlord equal to said percentage of such total monthly gross sales made in, upon, or from the Demised Premises during each calendar month. (c) The term"gross sales"as used herein means the total gross receipts, including the actual charges for all services performed by Tenant and fees charged by Tenant and by anyone including any subtenant, licensee or concessionaire in,at,from,or arising out of the use of the Demised Premises,whether wholesale or retail,whetherfor cash or credit,or otherwise,and including the value of all consideration other than money received for any of the foregoing,without reserve or deduction for inability or failure to collect, including but not limited to sales, leases and services related to said commercial activity for which there is a Fixed Base Operator fee. Each installment or credit sale shall be treated as a sale for the full price in the month during which such sale is made, irrespective of whether or when Tenant receives payment therefor. Gross Sales shall not include sales taxes, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similartaxes now or hereafter imposed upon the sale of merchandise or services, but only if collected separatelyfrom the selling price of merchandise or services and collected from customers. (d) The Tenant shall keep atthe Demised Premises(and shall require any permitted subtenant to keep at the Demised Premises)full,complete and proper books,records and accounts of its daily gross sales, both for cash and on credit, at any time operated in the Demised Premises. The Landlord and its agents and employees shall have the right at any and all times, during regular business hours,to examine and inspect all of the books and records of the Tenant, including any sales tax reports pertaining to the business of the Tenant conducted in,upon, orfrom the Demised Premises,for the purpose of investigating and verifying the accuracy of any statement of gross sales and to cause an audit of the business of Tenant to be made by a certified public accountant of Landlord's selection. If the statement of gross sales previously made to Landlord shall be found to be inaccurate,then and in that event,there shall be an adjustment and one party shall pay to the other on demand such sums as may be necessary to settle in full the accurate amount of said percentage rental that should have been paid to Landlord for the period or periods covered by such inaccurate statement or statements. If said audit shall disclose an inaccuracy of greaterthan three percent(3%)errorwith respect to the amount of gross sales reported by Tenantforthe period of said report,then the Tenant shall immediately pay to Landlord the cost of such audit; otherwise, the cost of such audit shall be paid by Landlord. 3.3 Cost of Living Adjustment. Upon notification by tenant that they wish to exercise their option to extend the term of this agreement in accordance with sections 1.3 and 2.2, the Monthly Rental shall be adjusted in proportion to changes in the Consumer Price Index except that no adjustment shall exceed 25%. Such adjustment shall be made by multiplying the original Monthly Rental by a fraction,the numeratorof which is the value of the Consumer Price Index for the calendar month three(3) months preceding the calendar month for which such adjustment is to be made and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Commencement Date. For example, if the adjustment is to occur effective June 1, 1989, the index to be used for the numerator is the index for the month ofMarch 1989 and the index to be used forthe denominator is the index forthe month of March preceding the Commencement Date. However, in no event shall the rent be reduced below the Monthly Rental in effect immediately preceding such adjustment. The "Consumer Price Index" to be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items), for the Los Angeles- Anaheim-Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics(1982-84 = 100). If both an official index and one or more unofficial indices are -3- published, the official index shall be used. If said Consumer Ftice Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. 3.4 Additional Rental. For purposes of this Lease, all monetary obligations of Tenant under this Lease, including, but not limited to, insurance premiums, property taxes, maintenance expenses, late charges and utility costs shall be deemed to be additional rental. 3.5 Real Property Taxes. In addition to all rentals herein reserved,Tenant shall pay, at the election of Landlord, either directly to the taxing authority or to Landlord, annual real estate taxes and assessments levied upon the Demised Premises (including any possessory interest taxes), as well as taxes of every kind and nature levied and assessed in lieu of, in substitution for,or in addition to,existing real property taxes. (Tenant specifically acknowledges that the interest granted under this Lease may be subject to possessory interest taxes.) Such amount shall be paid on the date that is twenty(20)days priorto the delinquent date or, if Landlord receives the tax bill,ten(10)days after receipt of a copy of the tax bill from Landlord,whichever is later. Even though the term of this Lease has expired and Tenant has vacated the Demised Premises,when the final determination is made of Tenant's share of such taxes and assessments, Tenant shall immediately pay to Landlord the amount of any additional sum owed. 3.6 Personal Property Taxes. During the term hereof Tenant shall pay prior to delinquency all taxes assessed against and levied upon fixtures, furnishings, equipment and all other personal property of Tenant contained in the Demised Premises, and when possible Tenant shall cause said fixtures,furnishings, equipment and other personal property to be assessed and billed separately from the real property of Landlord. 3.7 Utilities. Tenant shall pay before delinquency all charges for telephone service used in, upon, or about the Demised Premises by Tenant during the term of this Lease. 3.8 Late Payment. Tenant hereby acknowledges that late payment by Tenant to Landlord of rental or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease,the exact amount of which is extremely difficultto ascertain. Such costs include, but are not limited to,processing and accounting charges. Accordingly,any payment of any sum to be paid by Tenant not paid when within five (5) days of its due date shall be subject to a five percent (5%)late charge. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for its loss suffered by such late payment by Tenant. 3.9 Interest. Any sum to be paid pursuant to the terms of this Lease not paid when due shall bear interest from and after the duedate until paid at a rate equal to three percent (3%)over the reference rate being charged by Bank of America, N.A.from time to time during such period so long as the rate does not exceed the maximum non-usurious rate permitted by law in which case interest shall be at the maximum non-usurious rate allowed by law at the time the sum became due. 3.10 Permit. Tenant shall continuously maintain in effect during the term hereof a Commercial Aeronautical Business permit from the Airport. 4. USE OF THE PREMISES. 4.1 Permitted Use. The Landlord hereby leases to Tenant and Tenant hires from Landlord the Demised Premises with appurtenances as defined herein, for the purpose of conducting thereon only the use specified in Section 1.6 of this Lease and for no other use. -4- 4.2 Prohibited Uses. Tenant shall not sell or permit to be kept, used,displayed or sold in or about the Demised Premises (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 unless expressly permitted by Section 1.6 hereof. Tenant shall not use,or permit to be used,the Demised Premises or any part thereof for the installation or on-premises use of any gaming machine or video or arcade game unless expressly permitted by this Lease. 4.3 Compliance with Laws. Tenant shall, at his sole cost and expense, comply with all of the requirements of all municipal,state and federal authorities now in force orwhich may hereafter be in force pertaining to the use of the Demised Premises, and shall faithfully observe in said use all municipal ordinances, including, but not limited to, the General Plan and zoning ordinances,state and federal statutes,or other governmental regulations now in force orwhich shall hereinafter be in force. Tenant's violation of law shall constitute an incurable default under this Lease. The judgment of any court of competent jurisdiction,or the admission of Tenant in any action or proceeding against Tenant,whether Landlord be a parry thereto or not,that Tenant has violated any such order or statute in said use, shall be conclusive of that fact as between the Landlord and Tenant. Tenant shall not engage in any activity on or about the Demised Premises that violates any Environmental Law, and shall promptly, at Tenant's sole cost and expense, take all investigatory and/or remedial action required or ordered by any governmental agency or Environmental Law forclean-up and removal of any contamination involving any Hazardous Material created or caused directly or indirectly by Tenant. The term "Environmental Law" shall mean any federal,state or local law,statute,ordinance or regulation pertaining to health, industrial hygiene or the environmental conditions on, under or aboutthe Demised Premises,including,without limitation, (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"),42 U.S.C. Sections 9601 et se .;(ii)the Resource Conservation and Recovery Act of 1976 ("RCRA"),42 U.S.C. Sections 6901 et sue.; (iii) California Health and Safety Code Sections 25100 et seq.; (iv)the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5 et seg.; (v) California Health and Safety Code Section 25359.7; (vi)California Health and Safety Code Section 25915; (vii)the Federal Water Pollution Control Act, 33 U.S.C.Sections 1317 et sea.;(viii)California Water Code Section 1300 et seq.;and(ix)California Civil Code Section 3479 et seq., as such laws are amended and the regulations and administrative codes applicable thereto. The term"Hazardous Material"includes,without limitation,any material or substance which is (i) defined or listed as a "hazardous waste", "extremely hazardous waste", "restrictive hazardous waste"or"hazardous substance"orconsidered a waste,condition of pollution or nuisance under the Environmental Laws; (ii)petroleum or a petroleum product orfraction thereof; (iii) asbestos; and/or (iv) substances known by the State of California to cause cancer and/or reproductive toxicity. It is the intent of the parties hereto to construe the terms"Hazardous Materials" and "Environmental Laws" in their broadest sense. Tenant shall provide all notices required pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5 et sue. Tenant shall provide prompt written notice to Landlord of the existence of Hazardous Substances on the premises and all notices of violation of the Environmental Laws received by Tenant. 4.4 Non-Discrimination & FAA Required Clauses. (a) Tenant, in the operations to be conducted pursuant to the provisions of this Lease and otherwise in the use or the Airport,shall not discriminate against any person or class 5- . y of persons by reason of race,color,sex, creed or national origin as in any manner prohibited by Part 15 of the Federal Aviation regulations or any amendments thereto. (b) Tenant shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof. It shall charge fair, equal and not unjustly discriminatory prices for each unit or service; provided, however, that the tenant may be allowed to make reasonable and non-discriminatory discounts, rebates or other similar types of price reductions to volume purchasers in accordance with the other provisions of this Lease with regard to discounts and rebates. (c) The Tenant agrees to insert the anti-discrimination provisions hereinabove enumerated in any agreement by which said Tenant grants a right or privilege to any person,firm or corporation to render accommodations and/or services to the public on the Demised Premises. (d) Landlord also reserves the right,but shall not be obligated to Tenant, to maintain and keep in repair the landing area of the Airport,as well as publicly-owned facilities of the Airport, together with the right to direct and control the activities of the Tenant in this regard. (e) Tenant hereby agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation regulations in the event any future structure or building is planned or in the event of any planned modification or alteration of any present or future building or structure situated on the Demised Premises. (f) Landlord hereby reserves a right of flight for the passage of aircraft in the airspace above the surface of the Demised Premises together with the right to create in said airspace such noise as is or shall become inherent in the operation of aircraft operating on the Airport. (g) Tenant, by accepting the Lease, expressly agrees for itself, its successors and assigns that it shall not erect nor permit the erection of any structure or object nor permit the growth of any tree on the land leased hereunder above the mean sea level elevation of five hundred (500)feet. In such-an event, Landlord reserves the right to enter upon the Demised Premises and cause the abatement of the interference or hazard at the expense of the Tenant. (h) Tenant, by accepting this Lease, expressly agrees for itself, its successors and assigns that it shall not use the Demised Premises in any manner which might interfere with the landing and taking off of aircraft from on or off the Airport or otherwise create a hazard. In such an event, Landlord reserves the right to enter upon the Demised Premises and cause the abatement of the interference or hazard at the expense of the Tenant. (i) This agreement and all the provisions hereof shall be subject to whatever rightthe United States Government now has or in the future may have or acquire affecting the control,operation,regulation or commandeering of the Airportorthe exclusive or non-exclusive use of the Airport by the United States during the time of war or national emergency. Q) Operations for Benefit of Public. Tenant agrees to operate the Demised premises for the use and benefit of the public, to make available all Tenant's airport facilities to the public,without discrimination on the grounds of sex,race,color or national origin and to refrain from imposing or levying excessive,discriminatory or otherwise unreasonable charges or fees for any use of its facilities or otherwise unreasonable charges orfees for any use of its facilities for services. Nothing herein contained shall be construed to grant or authorize the granting of an -6- exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958, as amended. Other Tenants or aircraft shall have the right to cross over taxiway/ramp areas of the Leasehold. 4.5 Signs. Tenant shall not place or permit to be placed any sign that is not in compliance with the sign ordinance of the Landlord upon the exterior or in the windows of the Demised Premises. Any sign not constructed in accordance therewith shall be immediately removed by Tenant and, if said sign is not removed by Tenant within ten (10)days of written notice from Landlord to Tenant,then Landlord may remove and destroy said sign without Tenant's approval and without any liability to Tenant. 4.6 Public Facilities,Ingress, Egress and Quiet Enjoyment Landlord agrees that Tenant, upon payment of the rental hereunder and performing the covenants of the Lease, may quietly have, hold and enjoy the Demised Premises during the term of the Lease, and that Tenant shall have the non-exclusive right to use, in common with others, the public facilities at the Airport and Tenant shall have a reasonable right of ingress to and egress from the Demised Premises and the public facilities for its employees, visitors and customers. 4.7 Rules and Regulations. Tenant shall faithfully observe and comply with the rules and regulations that Landlord shall from time to time promulgate and/or modify. Any amendment or modification of the Rules and Regulations shall be binding upon the Tenant upon delivery of a copy of such amendment or modification to Tenant. Landlord shall not be responsible to Tenant for the nonperformance of any said rules and regulations by any other tenants or occupants. The Rules and Regulations shall apply and be enforced as to all tenants in the Demised Premises on a uniform basis. 5. ALTERATIONS AND REPAIRS 5.1 Improvements,Alterations and Fixtures. Tenant shall not make or suffer to be made, any alterations or improvements to the Demised Premises, or any part thereof, without the prior written consent of Landlord, and any alterations or improvements to the Demised Premises, except movable furniture, and trade fixtures, shall become atonce a part of the realty and shall at the expiration or earlier termination of this Lease belong to Landlord free and clear of any liens or encumbrances. Tenant shall not in any event make any changes to the exterior of the Demised Premises, if any. Any such alterations or improvements shall be in conformance with the requirement of all municipal, state, federal, and other governmental authorities, including requirements pertaining to the health, welfare or safety of employees of the public and in conformance with reasonable rules and regulations of Landlord. Landlord may require that any such alterations or improvements be removed prior to the expiration of the term hereof. Any removal of alterations or improvements or furniture and trade fixture shall be at Tenant's expense and accomplished in a good and workmanlike manner. Any damage occasioned by such removal shall be repaired at Tenant's expense so that the Demised Premises can surrendered in a good, clean and sanitary condition as required by Section 5.2 hereof. Any and all fixtures, improvements and appurtenances installed by Tenant shall conform with the requirements of all municipal, state, federal, and governmental authorities including requirements pertaining to the health, welfare, or safety of employees or the public. 5.2 Maintenance and Repair Tenant shall, subject to Landlord's obligations hereinafter provided, at all times during the term hereof, and at Tenant's sole cost and expense, keep, maintain and repair the Demised premises and other improvements within the Demised Premises in good and sanitary order,condition,and repair(except as hereinafter provided)including without limitation,the maintenance and repair of any store front,doors,window casements,glazing, heating and air conditioning system, plumbing, pipes, electrical wiring and conduits. Tenant shall -7- also at its sole cost and expense be responsible for any alterations or improvements to the Demised Premises necessitated as a result of the requirement of any municipal, state or federal authority. Tenant hereby waives all right to make repairs at the expense of the State of California to make said repairs. By entering into the Demised Premises, Tenant shall be deemed to have accepted the Demised premises as being in good and sanitary order,condition and repair,and Tenant agrees on the last day of said term or sooner termination of this Lease to surrenderthe Demised Premises with appurtenances in the same condition as when received and in a good, clean and sanitary condition, reasonable use and wear thereof and damage by fire, act of God or by the elements excepted. 5.3 Free From Liens. Tenant shall keep the Demised Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant or alleged to have been incurred by Tenant. 5.4 Construction Obligations. None. 5.5 Landlord's Reserved Rights. (a) Airport Development and Safety. Landlord reserves the right to further develop or improve the aircraft operating area of the Airport as it sees fit,except that portion of the Airport comprising of the Demised Premises, and Landlord reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction,together with the rightto prevent Tenant from erecting or permitting to be erected any building or otherstructure of the Demised premises which,in the opinion of Landlord,would limit the usefulness of the Airport or constitute a hazard to aircraft. (b) Lease to United States. During the time of war or national emergency, Landlord shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of the Lease insofar as they are inconsistent with the provisions of the Lease to the Government shall be suspended and, in that event, a just and proportionate part of the rent hereunder shall be abated, and the period of such closure shall be added to the term of this Lease so as to extend and postpone the expiration thereof unless the Tenant otherwise elects to terminate the Lease. 6. INSURANCE AND INDEMNIFICATION. 6.1 Insurance Provided by Tenant. a. Food Preparation.Tenant,if involved in food preparation and sales as a cafe,restaurant,or similar use, and/orfood takeout service, shall install at Tenant's expense any fire protective systems in grill,deep fry, and cooking areas which are required by city, county, and state fire ordinances, and such system when installed shall qualify for full fire protective credits allowed by the fire insurance rating and regulatory body in whose jurisdiction the Demised Premises are located. b. Tenant to Provide Personal Property Insurance. Tenant, at its expense, shall maintain fire and extended coverage insurance written on a peroccurrence basis on its trade fixtures,equipment,personal property and inventory within the Demised Premises from loss or damage to the extent of their full replacement value and shall provide plate glass coverage. (c) Tenant to Provide Liability Insurance. During the entire term of this Lease, the Tenant shall, at the Tenant's sole cost and expense, but for the mutual benefit of Landlord and Tenant, maintain comprehensive general liability insurance insuring against claims for -8- bodily injury, death or property damage occurring in, upon or about the Demised Premises and on any sidewalks directly adjacent to the Demised Premises written on a per occurrence basis in an amount not less than either(i)a combined single limit of ONE MILLION DOLLARS($1,000,000.00) for bodily injury, death, and property damage or(ii) bodily injury limits of$250,000.00 per person, $500,000.00 per occurrence and $500,000.00 products and completed operations and property damage limits of$100,000.00 per occurrence and$250,000.00 in the aggregate;provided,however, if Landlord so elects Landlord may provide such insurance and, in such event,Tenantagrees to pay its pro rata share of the cost of said insurance on the same basis as provided in Section 6.1 above. (d) Tenant to Provide Worker's Compensation Insurance. Tenant shall,at the Tenant's sole cost and expense, maintain a policy of worker's compensation insurance in an amount as will fully comply with the laws of the State of California and which shall indemnify,insure and provide legal defense for both the Tenant and the Landlord against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Tenant in the course of conducting Tenant's business in the Demised Premises. (e) General Provisions Applicable to Tenant's Insurance. All of the policies of insurance required to be procured by Tenant pursuant to this Section 6.1 shall be primary insurance and shall name the Landlord, its officers, employees and agents as additional insureds. The insurers shall waive all rights of contribution they may have against the Landlord, 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 priorwritten notice by registered mail to the Landlord. Prior to the Commencement Date or such earlier date as Tenant takes possession of the Demised Premises for any purpose; and at least 30 days prior to the expiration of any insurance policy, Tenant shall provide Landlord with certificates of insurance or appropriate insurance binders evidencing the above insurance coverages written by insurance companies acceptable to Landlord, licensed to do business in the state where the Demised Premises are located and rated A:VII or better by Best's Insurance Guide. In the event the Risk Manager of Landlord ("Risk Manager") determines that (i) the Tenant's activities in the Demised Premises creates an increased or decreased risk of loss to the Landlord, (ii) greater insurance coverage is required due to the passage of time, or (iii) changes in the industry require different coverages be obtained,Tenant agrees that the minimum limits of any insurance policy required to be obtained by Tenant may be changed accordingly upon receipt of written notice from the Risk Manager;provided that Tenant shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of Landlord within ten(10)days of receipt of notice from the Risk Manager. Landlord and Tenant hereby waive any rights each may have against the other on account of any loss or damage occasioned by property damage to the Demised Premises, its contents,or Tenant's trade fixtures,equipment,personal property or inventory arising from any risk generally covered by insurance against the perils of fire,extended coverage,vandalism,malicious mischief,theft,sprinkler damage, and earthquake sprinkler leakage. Each of the parties,on behalf of their respective insurance companies insuring such property of either Landlord or Tenant against such loss,waive any right of subrogation that it may have against the other. The foregoing waivers of subrogation shall be operative only so long as available in California and provided further that no policy is invalidated thereby. 6.2 Tenant to Provide Fire and Extended Coverage Insurance. Tenant, at its expense, shall maintain fire and extended coverage insurance throughout the term of this Lease written on a per occurrence basis on the Demised Premises,its trade fixtures,equipment,personal property and inventory within the Demised Premises from loss or damage to the extent of the full replacement value. -9- 6.3 Indemnification of Landlord. Tenant,as a material part of the consideration to be rendered to Landlord under this Lease, hereby waives all claims against Landlord for damage to equipment or other personal property, trade fixtures, leasehold improvements, goods, wares, inventory and merchandise,in,upon or about the Demised Premises and for injuries to persons in or about the Demised Premises,from any cause arising at any time. Tenant agrees to indemnify the Landlord,its officers,agents and employees against,and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person,firm or entity arising out of or in connection with(i)the negligent performance of the work,operations or activities of Tenant, its agents, employees,subcontractors, or invitees, provided for herein, or(ii)arising from the use of the Demised Premises or the parking and common areas by Tenant or its employees and customers, (iii) or arising from the failure of Tenant to keep the Demised Premises in good condition and repair, as herein provided, or (iv) arising from the negligent acts or omissions of Tenant hereunder, or (v) arising from Tenant's negligent performance of or failure to perform any term, provision covenant or condition of this Lease,whether or not there is concurrent passive or active negligence on the part of the Landlord, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the Landlord, its officers,agents or employees,who are directly responsible to the Landlord, and in connection therewith: (a) Tenant 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 attorneys'fees incurred in connection therewith; (b) Tenant will promptly pay any judgment rendered against the Landlord, 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 Tenant hereunder; and Tenant agrees to save and hold the Landlord, its officers, agents, and employees harmless therefrom; (c) In the event the Landlord,its officers,agents or employees is made a parry to any action or proceeding filed or prosecuted against Tenant 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 Tenant hereunder,Tenant agrees to payto the Landlord,its officers,agents or employees, any and all costs and expenses incurred by the Landlord, its officers, agents or employees in such action or proceeding,including but not limited to, legal costs and attorneys'fees. 7. ABANDONMENT AND SURRENDER. 7.1 Abandonment. Tenant shall not vacate or abandon the Demised Premises at any time during the term of this Lease; and if Tenant shall abandon, vacate or surrender the Demised Premises or be dispossessed by process of law, or otherwise, any personal property belonging to Tenant and left on the Demised Premises shall be deemed to be abandoned, at the option of Landlord, except such property as may be mortgaged to Landlord. . 7.2 Surrender of Lease. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord,terminate all or any existing subleases or subtenancies,or may, at the option of Landlord, operate as an assignment to it of any or all of such subleases or subtenancies. 8. DAMAGE AND DESTRUCTION OF PREMISES. -10- In the event of(a)partial or total destruction of the Demised Premises during the term of this Lease which requires repairs to the Demised Premises,or(b)the Demised Premises being declared unsafe or unfit for occupancy by any authorized public authority for any reason, which declaration requires repairs to the Demised Premises,Tenant shall forthwith make said repairs. No such damage or destruction(including any destruction necessary in order to make repairs required by any declaration made by any public authority)shall in anyway annul or void this Lease. Tenant shall promptly clean and remove all debris resulting from said damage or destruction. Tenant shall take preliminary steps toward restoring the improvements with thirty(30) days of the casualty and such improvements shall be restored within a reasonable time thereafter. The Demised Premises shall be restored to the condition they existed immediately before said casualty. 9. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease or sublet the Demised Premises, or any interest therein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. For purposes of this Lease,an assignment shall be deemed to include the transferto any person or group of persons acting in concert of more than twenty five percent(25%)of the present ownership and/or control of Tenant,taking all transfers into account on a cumulative basis.Any such assignment or subletting shall be subject to all of the terms and conditions of this Lease and proposed assignee shall assume the obligations of Tenant under this Lease in writing in form satisfactory to Landlord. The proposed assignee shall simultaneously provide to Landlord an estoppel certificate in the form described in Section 13.2 hereafter. Consent by Landlord to one assignment,subletting,occupation or use by another person shall not be deemed to be a consent to any subsequent assignment, subletting,occupation or use by another person. Any assignment or subletting without the prior written consent of Landlord shall be void, shall constitute a material breach of this Lease, and shall, at the option of Landlord,terminate this Lease. Neither this Lease nor any interest therein shall be assignable as to the interest of Tenant by operation of law. Landlord shall be under no obligation to consider a request for Landlord's consent to an assignment until Tenant shall have submitted in writing to Landlord a request for Landlord's consent to such assignment together with audited financial statements of the proposed assignee,a history of the proposed assignee's business experience and such other information as required by Landlord the criteria for assignment as set forth herein are met. In addition, if Landlord determines that the Monthly Rent payable to Landlord under this Lease is less than the fair market rental value, as determined by Landlord, Landlord shall have the right to condition its approval to an assignment or subletting on the increase of Monthly Rent to the fair market rental value. 10. ENCUMBRANCE. (a) This Lease, or any right to or interest in, or any of the improvements on the Demised premises, may be encumbered with the written approval of Landlord. No such encumbrance or addition thereto or extension thereof shall be valid without said approval. Any such approved encumbrance shall be subject to the covenants,conditions and restrictions set forth herein and to all rights of Landlord. (b) Any encumbrance must be confined to the leasehold interest of Tenant or the sub-leasehold interest of a subtenant, and shall not affect in any way the landlord's interest in the land. The encumbrance shall provide that the proceeds from fire or extended coverage insurance shall be used for the repair or rebuilding of the leasehold improvements and not to repay any part of the outstanding mortgage. Tenant agrees to furnish, as requested, any financial statements or analysis pertinent to the encumbrance that Landlord may deem necessary to justify the amount, purpose and terms of said encumbrance. _11_ (c) In the event of default by the Tenant of the terms of an approved encumbrance,the encumbrancer may exercise any rights provided in such approved encumbrance provided that, before any sale of the leasehold estate,whether by power of sale or foreclosure,the encumbrancer shall give to Landlord notice of the same character as is required to be given to Tenant by such encumbrancer pursuant to the loan documents and/or the laws of the State of California and Landlord shall be given an additional thirty(30)days in which to cure the default after the time for tenant to cure has expired. (d) If any sale under the approved encumbrance occurs, whether by power of sale or foreclosure,and the purchaser at such sale is the encumbrancer,the encumbrancer may sell and assign the Lease without any further consent of Landlord provided that the assignee shall agree in such assumption by the assignee,the encumbrancer shall be released from all future obligations of the Tenant under the Lease. If a sale under the approved encumbrance occurs, and the purchaser is a party other than the encumbrancer, said purchaser, as successor in interest to the Tenant,shall be bound by all the terms and conditions of the Lease and the purchasershall assume in writing the obligations of Tenant hereunder. (e) If notice of such sale shall be given and the defaults or any of them upon which such notice of sale is based shall then continue, Landlord shall have the right to correct such defaults at any time prior to the date of sale or foreclosure, and to terminate such leasehold upon paying to the encumbrancer the balance of the encumbrance as hereinafter defined. (f) "Balance of encumbrance" shall mean the amount of principal remaining unpaid on a note secured by a trust deed or mortgage of an interest plus accrued and past due interest thereon and expenses incurred by the lender in connection with foreclosure including by not limited to,fire insurance premiums,title insurance expenses, recording fees, appraisal fees,credit reports and any tax reporting services and additional expenditures paid by the lender on additions, betterments and rehabilitations of improvements on the property encumbered pursuant to plans approved by landlord, which consent may not be unreasonably withheld, and other expenses necessary to place the improvements in marketable condition,such adjusted principal to be paid in case or,at the option of Landlord,amortized over the term and in accordance with the schedule set forth in said note, the interest rate on the unpaid balance thereto to be as set forth in said note. (g) Landlord agrees to provide encumbrancer written notice of any default by Tenant under this lease and an opportunity to cure at the time notice of such default is provided to Tenant and give encumbrancer thirty(30)days to cure a monetary default or forty-five(45)days to cure a non-monetary default cannot be cured within such period of forty-five days, encumbrancer shall have a reasonable time to cure such default provided that encumbrancer commences to cure within said forty-five days and diligently prosecutes the cure to completion. Such period of time shall include the time to complete a foreclosure action if encumbrancer needs to gain possession of the Demise Premises to cure said default by Tenant. 11. DEFAULT AND REMEDIES. 11.1 Default by Tenant. In addition to the defaults described in Section 9.0 hereinabove,the occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: (a) the failure to pay any rental or other payment required hereunder to or on behalf of Landlord more than three(3)days afterwritten notice from Landlord to Tenant that Tenant has failed to pay rent when due; (b) the failure to perform any of Tenant's agreements or 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 Landlord to -lz- Tenant which notice shall be deemed to be the statutory notice so long as such notice complies with statutory requirements;(c)the vacation or abandonment of the Demised Premises by Tenant;(d)the making by Tenant of a general assignment for the benefit of creditors; (e) the filing by Tenant ofa voluntary petition in bankruptcy or the adjudication of Tenant as a bankrupt;(f)the appointmentof a receiver to take possession of all or substantially all the assets of Tenant located at the Demised Premises or of Tenant's leasehold interest in the Demised Premises;(g)the filing by any creditorof Tenant of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days after filing;or(h)the attachment,execution or otherjudicial seizure of all or substantially all of the assets of Tenant or Tenant's leasehold where such an attachment,execution or seizure is not discharged within sixty(60) days. Any repetitive failure by Tenant to perform its agreements and obligations hereunder,though intermittently cured, shall be deemed an incurable default. Two (2)breaches of the same covenant within a sixty(60) day period, a notice having been given pursuant to (a)or(b) above for the first breach, or three(3)of the same or different breaches at any time during the term of this Lease for which notices pursuant to(a)or(b)above were given for the first two(2)breaches shall conclusively be deemed to be an incurable repetitive failure by Tenant to perform its obligations hereunder. In the event of any such default or breach by Tenant, Landlord may at any time thereafter,without further notice or demand, rectify or cure such default,and any sums expended by Landlord for such purposes shall be paid by Tenant to Landlord upon demand and as additional rental hereunder. In the event of any such default or breach by Tenant, Landlord shall have the right (i) to continue the lease in full force and effect and enforce all of its rights and remedies under this Lease, including the right to recover the rental as it becomes due under this Lease, or(ii) Landlord shall have the right at any time thereafter to elect to terminate the Lease and Tenant's right to possession thereunder. Upon such termination, Landlord shall have the right to recover from Tenant: (a) The worth at the time of award of the unpaid rental which had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of such rental loss that the Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rental forthe balance of the term afterthe time of award exceeds the amount of such rental loss that the Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate the Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under the lease or which in the ordinary course of things would be likely to result therefrom. The"worth at the time of award"of the amounts referred to in subparagraphs(i)and (ii)above shall be computed by allowing interest at three percent(3%)overthe prime rate then being charged by Bank of America, N.A. but in no event greater than the maximum rate permitted by law. The worth at the time of award of the amount referred to in subparagraph (iii) above shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%), but in no event greater than ten percent (10%). As used herein "rental"shall include the Monthly Rental, percentage rental equal to the average percentage rental paid or payable by Tenant for the last twelve (12) months or such -13- lesser period as Tenant has been open for business, other sums payable hereunder which are designated"rental"or"additional rental"and any other sums payable hereunder on a regular basis such as reimbursement for real estate taxes. Such efforts as Landlord may make to mitigate the damages caused by Tenant's breach of this Lease shall not constitute a waiver of Landlord's right to recover damages against Tenant hereunder, nor shall anything herein contained affect Landlord's right to indemnification against Tenant for any liability arising prior to the termination of this Lease for personal injuries or property damage, and Tenant hereby agrees to indemnify and hold Landlord harmless from any such injuries and damages,including all attorney's fees and costs incurred by Landlord in defending any action brought against Landlord for any recovery thereof, and in enforcing the terms and provisions of this indemnification against Tenant. Notwithstanding any of the foregoing, the breach of this Lease by Tenant, or an abandonment of the Demised Premises by Tenant, shall not constitute a termination of this Lease, or of Tenant's right of possession hereunder, unless and until Landlord elects to do so, and until such time Landlord shall have the right to enforce all of its rights and remedies under this Lease, including the right to recover rent,and all other payments to be made by Tenant hereunder, as they become due. Failure of Landlord to terminate this Lease shall not prevent Landlord from later terminating this Lease or constitute a waiver of Landlord's right to do so. 11.2 No Waiver. Acceptance of rental hereunder shall not be deemed a waiver of any default or a waiver of any of Landlord's remedies. 11.3 Landlord's Default. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event later than thirty (30)days afterwritten notice by Tenant to Landlord and to the holderof any first mortgage ordeed of trust covering the Premises whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance then Landlord shall not be deemed in default if Landlord commences performance within a(30)day period and thereafter diligently prosecutes the same to completion. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's default and Tenant's remedies shall be limited to damages and/or an injunction. 12. CONDEMNATION. In the event a condemnation or a transfer in lieu thereof results in a taking of any portion of the Demised Premises, Landlord may,or in the event a condemnation or a transfer in lieu thereof results in a taking of twenty-five percent (25%)or more of the Demised Premises, Tenant may, upon written notice given within thirty(30) days after such taking or transfer in lieu thereof, terminate this Lease. Tenant shall not be entitled to share in any portion of the award and Tenant hereby expressly waives any right or claim to any part thereof. Tenant shall,however, have the right to claim and recover, only from the condemning authority (but not from Landlord), any amounts necessary to reimburse Tenant for the cost of removing stock and fixtures. If this Lease is not terminated as above provided,Landlord shall use a portion of the condemnation award to restore the Demised Premises. -14- 13. MISCELLANEOUS. 13.1 Entry and Inspection. Tenant shall permit Landlord and his agents to enter into and upon the Demised Premises at all reasonable times forthe purpose of inspecting the same orforthe purpose of maintaining the Demised Premises as required by the terms of this Lease orfor the purpose of posting notices of non-liabilityfor alterations,additions or repairs,or for the purpose of placing upon the property in which the Demised Premises are located any usual or ordinary"For Sale"signs or any signs for public safety as determined by Landlord. Landlord shall be permitted to do any of the above without any rebate of rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the Demised Premises thereby occasioned. Tenant shall permit Landlord, at any time within six(6) months prior to the expiration of this Lease, to place upon the Demised Premises any usual or ordinary"For Lease" signs, and during such six (6)month period Landlord or his agents may,during normal business hours,enter upon said Demised Premises and exhibit same to prospective tenants. 13.2 Estoppel Certificate. If, as a result of a proposed sale, assignment, or hypothecation of the Demised Premises or the land thereunder by Landlord,or at anyothertime,an estoppel certificate shall be requested of Tenant,Tenant agrees,within ten (10)days thereafter,to deliversuch estoppel certificate in the form attached hereto as Exhibit"C"addressed to any existing or proposed mortgagee or proposed purchaser, and to the Landlord. Tenant shall be liable for any loss or liability resulting from any incorrect information certified,and such mortgagee and purchaser shall have the right to rely on such estoppel certificate and financial statement. 13.3 Jurisdiction and Venue. The parties hereto agree that the State of California is the proper jurisdiction for litigation of any matters relating to this Lease, and service mailed to the address of tenants 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 Tenant agrees to submit to the personal jurisdiction of such court in the event of such litigation. 13.4 Partial Invalidity. If any term,covenant,condition or provision of this Lease is held by a court of competent jurisdiction to be invalid,void, or unenforceable,the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereof. 13.5 Successors in Interest. The covenants herein contained shall, subject to the provisions as to assignment,apply to and bind the heirs,successors,executors,administrators and assigns of all the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. 13.6 No Oral Agreements. This(i)Lease covers in full each and every agreement of every kind or nature whatsoever between the parties hereto concerning this Lease, (ii) supersedes any and all previous obligations,agreements and understandings,if any, between the parties,oral or written, and (iii)merges all preliminary negotiations and agreements of whatsoever kind or nature herein. Tenant acknowledges that no representations or warranties of any kind or nature not specificallyset forth herein have been made by Landlord or its agents or representatives. 13.7 Authority. In the event that Tenant is a corporation or a partnership, each individual executing this Lease on behalf of said corporation orsaid partnership,as the case may be, represents and warrants that he or she is duly authorized to execute and deliverthis Lease on behalf of said corporation or partnership, in accordance with a duly adopted resolution of the Board of Directors, if a corporation, or in accordance with the Partnership Agreement, if a partnership, and that this Lease is binding upon said corporation or partnership in accordance with its terms. Tenant -is- represents and warrants to Landlord that the entering into this Lease does not violate any provisions of any other agreement to which Tenant is bound. 13.8 Relationship of Parties. The relationship of the parties hereto is that of Landlord and Tenant,and it is expressly understood and agreed that Landlord does not in any way or for any purpose become a partner of Tenant in the conduct of Tenant's business or otherwise, or a joint venturer with Tenant, and that the provisions of this Lease and the agreements relating to rent payable hereunder are included solely for the purpose of providing a method whereby rental payments are to be measured and ascertained. 13.9 Nondiscrimination. Tenant herein covenants by and for itself, its heirs, executors,administrators and assigns and all persons claiming underorthrough it,and this Lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of race, sex, marital status,color,creed, national origin or ancestry,in the leasing,subleasing,transferring,use, occupancy,tenure or enjoymentof the Demised Premises herein leased,nor shall the Tenant itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection,location,number,use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the Demised Premises. 13.10 Notices. Wherever in this Lease it shall be required or permitted that notice and demand be given or served by either party to this Lease to or on the other, such notice or demand shall be given or served in writing and shall not be deemed to have been duly given or served unless in writing, and personally served or forwarded by certified mail, postage prepaid, addressed, if to Landlord,to City of Palm Springs, P.O. Box 2743, Palm Springs,California,92263, Attn: City Manager, and if to Tenant, as specified in Section 1.7. Either parry may change the address set forth herein by written notice by certified mail to the other. Any notice or demand given by certified mail shall be effective one (1) day subsequent to mailing. 13.11 Waiver. No delay or omission in the exercise of any right or remedy by a non- defaulting party shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Lease. 13.12 Exhibits and Addenda. The Exhibits and Addenda attached to this Lease are made a part hereof as if fully set forth herein. In the event of a conflict between the terms and provisions of an Addenda and the terms and provisions of this Lease, the termsand provisions of the Addenda shall prevail. -16- IN WITNESS WHEREOF,the parties have duly executed this Lease together with the herein referred to Exhibits which are attached hereto, on the day and year first above written in Palm Springs, California. ATTEST: CITY OF PALM SPRINGS, a municipal corporation lark City Manager "LANDLORD" REVIEWED AND APPROVED ALESHIRE &�W�Y/N®DER, LLP By: By: David J. les ire, Esq. a City Attorney Its: 0A4 V By: Its: "TENANT" -17- EXHIBIT"A" DEMISED PREMISES Demised Premises consists of approximately 210.4 square feet of office space (17'5"X 12'1") in the Airport's Ground Transportation Building represented by the shaded area below. i RESTROOM RESIROOM OffICE AREA LOUNGE VENDING BILLIARD AREA EXHIBIT"A" TO LEASE EXHIBIT "B" ESTOPPEL CERTIFICATE Tenant: Landlord: CITY OF PALM SPRINGS, a municipal corporation Date of Lease: Demised Premises: To: The undersigned hereby certifies as follows: 1. The undersigned is the tenant("Tenant")under the above-referenced lease("Lease") covering the above-referenced premises ("Demised Premises"). 2. The Lease constitutes the entire agreement between landlord under the Lease ("Landlord") and Tenant with respect to the Demised Premises and the Lease has not been modified, changed, altered or amended in any respect except as set forth above. 3. The term of the Lease commenced on 120 and, including any presently exercised option or renewal term, will expire on 120_. Tenant has accepted possession of the Demised Premises and is the actual occupant in possession thereof and has not sublet,assigned or hypothecated its leasehold interest. All improvements to be constructed on the Demised Premises by Landlord have been completed and accepted by Tenant and any tenant construction allowances have been paid in full. 4. As of this date,to the best of Tenant's knowledge,there exists no breach or default, nor state of facts which,with notice,the passage of time,or both,would result in a breach or default on the part of either Tenant or Landlord. To the best of Tenant's knowledge, no claim,controversy, dispute, quarrel or disagreement exists between Tenant and Landlord. 5. Tenant is currently obligated to pay Monthly Rent in installments of$ per month,and such monthly installments have been paid not more than one month in advance. In addition, the Lease requires Tenant to pay percentage rent each month in the amount of percent( %)and percentage rent has been paid through 19 . To the best of Tenant's knowledge, no other rent has been paid in advance and Tenant has no claim or defense EXHIBIT "B" TO LEASE against Landlord under the Lease and is asserting no offsets or credits against either the rent or Landlord. Tenant has no claim against Landlord for any security or other deposits except $ which was paid pursuant to the Lease. 6. Tenant has no option or preferential right to lease or occupy additional space within the Property of which the Demised Premises are a part. Tenant has no option or preferential rightto purchase all of any part of the Demised Premises nor any right or interest with respect to the Demised Premises other than as Tenant under the Lease. Tenant has no right to renew or extend the term of the Lease except as set forth in the Lease. 7. Tenant has made no agreements with Landlord or its agent oremployees concerning free rent, partial rent, rebate of rental payments or any other type of rent or other concession except as expressly set forth in the Lease. 8. There has not been filed by or against Tenant a petition in bankruptcy,voluntary or otherwise, any assignment for the benefit of creditors, any petition seeking reorganization or arrangement under the bankruptcy laws of the United States, or any state thereof, or any other action brought under said bankruptcy laws with respect to Tenant. 9. All insurance which Tenant is required to maintain under the Lease has been obtained by Tenant and is in full force and effect and all premiums with respect thereto have been paid. Dated this day of 20 . By: Its: EXHIBIT"B" TO LEASE EXHIBIT "C" RULES AND REGULATIONS 1. All loading and unloading of goods shall be done only at the times, in the areas and through the entrances reasonably designated for such purposes by Landlord. 2. The delivery or shipping of merchandise, supplies and fixtures to and from the Demised Premises shall be subject to such rules and regulations as in the reasonable judgment of Landlord are necessary for the proper operation of the Demised Premises or of the Property generally. 3. All of Tenant's refuse and rubbish shall be removed to central trash bins located in the Property, at Tenant's sole cost and expense. 4. No radio or television or other similar device audible outside the Demised Premises shall be installed without obtaining in each instance the written consent of Landlord. No aerial shall be erected on the roof or exterior walls of the Demised Premises or on the grounds of the Property without first obtaining in each instance the written consent of Landlord which consent shall not be unreasonably withheld or delayed. Any aerial so installed without such written consent shall be subject to removal without notice at any time. 5. No loudspeakers,televisions,phonographs, radios or otherdevices shall be used in a manner so as to be heard or seen outside of the Demised Premises without first obtaining in each instance written consent of Landlord. 6. The outside sidewalks and loading areas immediately adjoining the Demised Premises shall be kept clean and free from dirt and rubbish by Tenant to the reasonable satisfaction of Landlord, and Tenant shall not place or permit any obstructions or merchandise in such areas, except to the extent specifically permitted by the provisions of Tenant's Lease. 7. Tenant shall not burn any trash or garbage of any kind in or about the Demised Premises or the Property generally. 8. Tenantwill not allow animals,except seeing-eye dogs,in,aboutorupon the Demised Premises. 9. Tenant shall not use, and shall not allow anyone else to use,the Demised Premises as a habitation. Such prohibition shall include, without limitation, sleeping, eating or bathing. 10. Tenant shall not place any rubbish or other matter outside any building within the Property, except in such containers as are authorized from time to time by Landlord. EXHIBIT "C" TO LEASE 05130/2004 16:37 176077@1002 SNSUI-NET PAGE 07/12 COMMERCIAL INSURANCE APPLICATION DATE,(MKPDr Y} Q.W=94 PRODUCr;R PNgHF. T�Q.TFB-1OTA CARRIER UNDERWRITER I UNDERwRi7>;R OFF we,�,, �stl rre tus2 H9rWmd C&snalty insufwnm CcmWy InsuremtlnsumnceMarkou Inc. POLICIiaaRkORRAMk4417ED R9� potlew NUNereR 2825 E TafpuHz Cglryun Wy,lsldg G .. 7dA�41160P 92 Palm 3p19ng9 CA 262 INOIGATRTHE SRc'nouG arrAaNYo I �RqulrMeNrFLOAr�R �r�RAG ..... . ..I. ..,, --- - _ EANooea I MNL X IPROPERTy I 1N&TA4LATIONAa11gBPICK ''''1111 LERS LIGENRE A9l!Itoy LIcA:ODROa86 61,naa■OWN [LYOTRONIC OATA PROC gp DER a OLE MAC14INE.... ._. .. ... COMMERCIAL LE RY QODC: ... ISUB-CODE nCCIS.RE0.}v,�C n4or,Rg ' JC (�NERA.LIARILI7Y n'DRKfRS C)/dP, AGENCY CuITaNCR w 2411 CRVdALLtn.WOGLLMIBOUe CRMAY S(ISN nas Am DMARELLA -'" InANYr4RrAroaw ' TRUC?7RMACITOR CARRIER srATus OF TRANSACTION OUOT[ 135UR POLICYI RENEW l RTHIS INFgRMAnpN NM[N COMMON DATESAPPLY TO SEVERALUNES,OR FOR MONOLIM oaumPR BOUND (G'nn aeWWrAtmGf Copy) I PROPOccn EFP, PROP09EO E%P, { SILIJNG PLAN I pAYnEIYI'►t,IW AUtlR CNANDE OATS ( TAI[ 1 AM .... .._ AQSNCT CnL CANOCC FM AFIR 1604 APR 1505 X DIRGCTBILL INST ANN NAME (RRI NAmI„1IpWRtld eulgr Name:l lraurudBl ,(p()Ulpl,pomNa ipwYai ,,, MAILING ADDRESS INCL 21PIA (P(fiMEN"dhq ;-dl COACFIELLA VA<_I,ET TAXI OWNERS A WIATION P.p.Da)(5.161 PALM SPRINGS CA 92293 EMAM.aoDRes(es _ _ _ WOVE AWRMTS) 7 INpIVt)UAL CORPLIRATION iUYCXAp7FR'9"EORP XfLIMItEa WAD O.gt1. 1 CR AIREAU IA NUMBER DUSS PAR7NSRSHIP -.. dOWTVENIUN[ !, ••� NpT sPR pSOPtr ORti� NO,pFMSMGF0.a NAME STARTED • . .—.- �•••� IMONE ___.__. _ ANoumOfIls.- MSPP,CTIONGUN7ACT AGCOUN71NGRECQRI3SCOHTAdT 1.»+dN7 I 2 �fAr'Na.1545: . (769)-009-47N17 Fxt{ , 1• sERGIO SANTOS SrRtS10 SANTOW rW9 I7$j FRAWWRIINFORMATION Loci BLO$ 97RkE!'FRY,CPIINTY,STA7ry71PM Ci1'Y LINH75 WTEREST vq,BWhT PAkT tlCOuprcO T 1 3109,FJ Clolo Palm d n GA 22292 x INawE OWNER 2002 .., .. .. oun)14 X TENANT . . INSIdE 1 DIMMER. OUTSIDE I TENANT 11NSRY: OWNER a 7QItP TENANT TUBE OF BU i PTION OF OPERATIONSJOV PREMISFAS) NON PROFIT TAXI ASSOCIATION rENrRAL INF13RUATION qD RXPLAN rnu�Aan+c nAF�YP iAnYEfANoiNIRePnn'rc7 .. ..�. . R DUFMIII aLQA LAW FDE Y"R* ( Ix 4wuanea PLIO R,MPEEN �4tkboi l x "YIN RESPONSES YES NO MKPUIN ALL WAS"NSSPONS" YES Ib.DCeeINEAPPlIGN7lW+�EnNrwwlDuar.A+ oUgNp 71{Au6rFDlE YEWSQTEN RI HAY ANYAPP610AVr BEEN 2 1S A FORMAL .,. AO(d"Mr OPERATION? db answde+d loenl fae ...T x "�"" an"PWII WnWgpry Is aAusgannana punlll�leq'a senlano9 tlf tp ID m!yea;Pf 3.uO'exRaauRC TO 1ILANAWg4E4.EAPLOS(VCa,aNiNIGAl,6T x .1(nSNepMnNµl. ._ d ANY CATASTROPHE ExrnsuREo � x�9. ANY UNCOnHECTeD[INe C/JUE1710U71DNa'] Ix 57ANY041JER INSURANCE WRNCOMIPANY SUBMN`IEVl x ID, ®nM(RUi01E8,'YAx ok enCDITLfLIRAtlAStlT TNIAIg1,IChMTIN TN77'MR'AYWlb. 6. nM'vONm�ept easxxne&eeeuNeD,nPKELLLD atk I x 11. +A�aU91w6fiY YdsAPurypikniiliiY'Yv .._._.. .. . .,..,.... .. IUNdI1NlMIADDLlhUNtl INY}NIiCTplia INSURANCE N N R 2 rACN MrNTOF AN4 NR 014TAKNU ANY NATA i"Y F IJRANCE COMP'ANT OR CONC LS Fo FILES AN APPUCATLEADIN FOMATION CONCERNING ANY FACT CONTWtaN6 ANY TO,CO TS AM INF LENT 1fHt,t7R NCW11.9 FU PORPOSE OF ML4 CT9T E INFORMATION 6'ONCL'RN(N0 ANY FROT 1MVTE TNERSTO>C4hINITSA PRAUDULRIIT 9iS ACT. IS A CNA+A�AND EUB;.IBCT9,THE PkNItbN TO ORMONLI L AND 3UB3T, L) II.PtRALPES.{NQTAPPLICABLBCO,NI, ,O , ;In,OC,LA,I*.IN AND VA.M+uynea bd alft moy• enNp A51 TUPPLI T PAOGVCCN'7 RIGNATUgE ACORD 123( ) PLEASE COMPLETE REVErE SIDE 0 ACORO CORPORATION 1993 1 N 176077I1042 INaRENET PACP 50112 PKItR�RRINRIFORMTON I,IN GATMORY YA YR; I1R; Yk 1 CMUIITyd _ NO PRIOR INS PDI LCY rx NBRn .•........_. _.� cuGtm ... c ."'ii GI,A1N8 .. . I I Woe I W{A�p1 POLICY Trig DOU1RAfNcey MA3E I I �. MAD! aCCilUOR'R I Moe I I xcuiMlNDp w,4e f-.rnecvMrp ._..._.. I - I �• __. .EFFfJ(P GATE .. . •._... ..,., _ G ! M GWpgMA �✓jY,mM ' I OE PER80NALi ADVIN.1 • ML L EACH OCCURRENCE .. ._ . . .. R L M Pi3E DAMAGE .. •.„.., ._ ._ ..... -.I . ._ ... T I A WDICAL FJ�PEN S S DOCURRENCE A B HQDILY ...• . ....._. I ..._._. ._—_ 4 1 INdunr ADOREDATE -IVIN46PER7Y MDURRRNCG. ,.._ _„ ..,+�.. .,..• . .l. ,. •�- T YCOMBINw SMGLG LIMIT I � I .. M(101•FICATION PACTOR I ,.. .. ••,, TOTAL PREMIUM _ CARRIER .,,. _ _ .... . ,. ..�...._-_.. ....p NUMBER,,...•, .,.I II.POLICY ,. ,,,.,.., ....,... .,....., • DI .. I .,..,•. . A 0 f EFFEXP RATS ... - •. .•...•,- H, C06 wrn SIN' LIMIT ... _.•.. I .. :_•• . 17 VODBy FA PER80N „ . ........ . . .. .. ,... EY IN7URY FA ACCIDENF ._ PAOPARTX pPMAGI{ ..... ...._....- J• _.. ..._.,._.. _ TOTAL PREMIUM ._. P R P T .. ... .. ......-... Y � ANT Fppp SKI' _..._.. ...,., . ... . . . . . . __., , MOOIPIGATION FACTOR TOTAL PREMIUM II _ ... .._._ ..CAOAR" .. . I_...I.., ..._...._. 'Remy NO. _ ... ....-_.. �__... ........ _._. _. ... .I .. LFODWIGA � , ........_TIDNFACTOREMIUM LOSS HISTORY ENTER ALL GL41 LOSS�IREGAR 8 FPA I-T AN6IM1�FN NDTANSORRII R IX CHEC%HEREIFNON@ @QS ATTACMAD LDSP GLNAISM1RT O<IOURRENO!STMTMAYGNE RISE TO CLAMI M THE PR10R5Y RS (a YEARS IN K6AN'Q _1 I I ,I- DATE OF I LINQ f .. .7YFrNAEaGRIPflONi"CCO(AREWR OR CLAIM DATE OF I AMOI)NT AMOUNT cWASTATOS opcURRCNCE CLAIM Pplb_.._ —.. NE — CLOSED _ I ► i CLDBGD - [tE'yIARKS' NOTE:FIDELITY RWUIkE9 A F YIBA I E R L0.48 HfSTOR4. $TAT'p SVPPLE 9G (9) COpY GPTH&NOTICR QR INFORRArION PRAWiCDS(PRftkWIqHk$B"GfMIIN TO TMEAPPLICANL Nol sAlIque In Rll.g-As o"kAydit,AgwWomrw t*I ttt IM1MMl& NRB WIMWPAN"Y•IW[+MATDNrMG1'IGCtl PlnSONN.INPOHNIA710N AnOIfr VOL4 PlCLUDMltl 1Nk9RMATK)N PR Aap6Nn-REPORT NMY pA OOLLECTROPROPERSO NSOTNRRTNANYOI IN MATIONCONMMTIA 7ulH APPLWA7IDN FfNE iN�9URANDAAND NUAAlgDAM POLICT RQ.NEAkJILs,$UFM MFORdIATfON AS WDIT- TDTHER PERSONAL Ate!]PRNIIfGED INFORMATION COLLECTED N US DR OURAGEMMMAYINC�R TAIN CIRCUMSTANCES BE DISOL,I UpTO THIRD PAR'n5C.Y0U IiAYN THG RIGHT TONEVNReOUR gP GN?L'�UM PEN!•O¢Mi,INFOOMKTION !N DUR PILES AND CAN Rfi011lBTCORRlCT70N DFANY NtACCURACIES AMORE DETAR{p DESORryTpN OFYOURRn"TSAtA OUR PfUICTICCS FiEQ{SiDN7G SUCU tNFOR9AhT{DN IM AVAfLABLE UPON R@OUE8T.CONTACTYOUR AGENTOR WROKER FOR IWMMTiON ON NOW TO BUBMITA REOU68T TO U8, AOORD 125(202MS) 03/30/2004 16:37 17607701002 INSURENEf PAGE 09/12 AQW-D. PROPERTY SECTION MODUDeR �6 e.Nkor,78d-77$1420. APpI(CANT . FAX 7fiD.77mioR2 .. . ^FI=.COACHELLA VALLEY TARO OWIID;R9 AS$OcIATTON IRSN[aRaN:lnauet•�P I.ANfk+tN�F9�InC 2825 E Tahquft Canyon Way,Oloff. mom ✓n Palm$Dtings CA 92269.. ... L MNQ . A fF PATE ' TEmkf6wQkTE O ---' ____ -- APR 15 04 " APR iS 05 I R nIREdYaIu,I Ir... m�rev'--...•...24T1 O� .. .. . .. ., -- R(un,I.E,ci srRRET/mpREgy, 310 S_EI Cielo PRWIM INFORMATION IlU16dNGlt — - ._. .. Om 05WRIPTION: _. . ...,. ._. 'gpRclAl I uuANPu S36bNCT1aL Coma I ...., . AVNRCTORINS(IRAROLS _ AMOUNr CUM 74 yAA,IJATION GAUEEB�LOSi � �iA710tl ..,.. __.. ...V.V. ... _. .—___... dYSIRY35 PBR:DORI Pnp ._._.. .. . PaRY 2,epe I9D� -- ac RDnua ANbpgPDIT1ONs to ARRLY',_. AE7DITlON4L,j[�jwrORMATION--- aulN[s3memcAr E%TRA exPENeE I Ibbyn, slNrcmeywo RXtM lDn,ensa w`1'rtAeRPa(ree TYPQ OF aDSiN WIWNNtY PAYROLL POwelIMEAT ( RBELOM MPO lOC E%TPBa00 TW'MtlN R>tES I OFF PREN POMN DEPERb xROP .• NON MRG IEY,{:L I. INCL OEq DAYS 6 aTUdENra� I p0 %CR(N MFQ I go OAYS CiECAIEDIA .. rYo MRmb ... OTMwR EO I I I.. cbNr WO SEAWWO 91 ........ I 'It10 dAYB MYS� _I I.MG(T —�RE4 LOU $ ORO OR I,AW MAID PER10a _ GOINe - u1R LOP(DESCR EeLO" AM ANO AAMRat{tllII RnRGRtpkGYhbWlY;R91Y DFPfzfN PRC1P ,••.• ••,, ( �CTRA ..Deus EhRIdOREsi UMITLUESPAY AgOfIWNAL CpVERA0E6.OPTIONS,RESt'RICipNS.ENDORSEMENTS AN011ATWt0(NR01AIiAT10N Wm3TAVGTION TYIM 1 PIR4 DHTMfpromon MMAM FROr rJ-I RaTOIMM -II RAaN'[ai YK WkT TOSALARER pSTANOC tti 1 NymI Ra(ESrAT .. .. { _QONRY FT. e3 ...I.+ ..,, a 2002 �210 SF ...w qyI -�- —__. •• - ..._.__'~•"' HEnTIN0901LE M WINO IMRROVCnYeX7a•. _ GRAM gje(CODL= ROOF YTPE OTHER OCCOPA[YJFB w WIRINe,YR: _. �FM.LM161NG•Yft, ROOFING.YR: NRATW4e Y(t WRIDCLAl4s' AMER ON PREtA1SE$? YE•$`�NO DINER RE$I$TIw4 IDEMI- F RE315T 'OTNER YES.181NSURAMOE PLACED ELSEWHERC� - IvyEs .' RR+NT,m1IR0auRE6 DI%TAMWIR - ILC-Fx gApOdJREa 04srANCE .._ I.neNrtowRGUNER�9rANCE ----FFFF---- aUROfAR ALARM TYRE OaR71RIvnT>:+�•., fESPIRAWWDAm ExTEN7 GRADE �....�CENTRALSTATION HONE I I WITH KEYS SUAGLARALARM InTALLWANP SiAM10ED BY ,•"•.• ■OIIARD�WATCNNCN CLOCK HOURLY PR1611/A ARI^RIH5T!<Ot'ANjj9pNrapero,gb,.plpva�Cd,rONmNeal:gyalN,my 9i gpauR( pltLiwuWearaRUPA4T11ReR MMTM VATION PIN (TINtiUIBHLiR3 ....„.Q. _.. LOCAL GONG ADOMONAL IN"REM RANIG NAMhANbabbneae REFpRENCE ICERTIRCATERE4UIREb RNTkRESTIN RCM NUMERR IMF"" Nam ,•, LOCATION:--____.. NDYDINQ: _. ..- REM OENCRIPTNJN .... _..__.. - �OTHER: •. .. _ Oe� sCHILDV4£7TBM NUAIDNR. VA4UF Q"NG INFORMATION r�LOPORTINO row;PROVM A I 4WRAGE VALUES;;RPA9712 MONTHS ...•.1 •RlMSL'&' + - AWUIER wu- PRERIBES TOWNED .." ••.E -•.. •. 1 6UKpING I TKIMAPWRW ORAUQWM 8661ECT O�INSIIRANG AT INC�mN AT aioEt W ACORD 140 JW02M) ATTACH TO APPWCANT M?MMwnoN MGM" ®ACOROC MN-1985 B3/30l20P4 16;27 17507781082 INSURENET PAGE 10I12 ACC 7 ,, COMMERCIAL GIrNERAL LIABILITY MAR 04' pRppuceR (Y ;.ISO-770.1 APPI.POAMr cOACHEU A VALW TAXI OWN E715,49t4C1 ON Itr9lYsnak InaunNTLW MArR6lirtg,Ine. Iflree Nemd Inauarp 7028 P.TahgDRz Canyon Way,Bldg I _ _ PvImflONllg4 CA 9221s2 EFFEDTNEDAE I C1IPPRAIIGNDATp �AGENCYEIU PAYMENT PLAN I AUDIT r,41E 700.779.1002 . . APR"W APR 160 f x umrc;r DILL I INST AMEN FXAL: ._ .... FOR CODl.I.. ....__ COMPANY CDO& .. . W1;O31LV E8 IMIT'S X I ERAL AGGREGATE ,. .., .. $ 2.000.0M PRSYAIMS GOYYER EMERAL anima n^,pE A GccGRRiNGE PRODUGT$$GOMPiEfYp OPERATIONSAGGAlt1ATE ., .! 2,000,000 PREMISESNrNVtflON$� V"ER3 ACOMTRACT SAROTPTPTIVR iOWM-APWVSRTf61NEIMJURY ..• -, $ TOOO,ODO pGUURRENGE a „1,000,OD0 rRDDueTm ueucm Eft VAKIAMTOREMOPRPM$J�5I*0) WR*r0#) 9 _ SK000 PROPERTYDAMAGES MEDICAL�coER%cA�m'w M�*'n) 1�.U11_n oTRFR.. GORIVY INJUIIY a Uiim �EMPLUV2E EENERR'$ S . ...,. TOTAL OTHERCDUERAOE%RESTRIQW0.ANMR EMODMi1MMt*Ird!W.L%R�ae Flu uoveeaen Meoabm.BO—,A.Aa'iMIU LAODRD 1iTl s eo � � C1A581RCAT10N CLAW RRIHAIHC! CODE OAse Rl ,fbRR _. RAIB .. ...IT.,..._ , --. ) .. FMI*" PPVMV0TSlO PREMIOPS P_ P_R_OOULTS 1 BUSI SS MAM0C-NOT FOR PROFIT 4940 $35.00(S 12 I O 0 1� B � O 1 NUBRdmos A �NOT FOR PRO., F 49111 110 SP(A) �12 U91NB5$ASSOC-NOTFORPROFIT {910 9 owiIII4RS 12 0 11ll RA7IM3 AND PREMIUM RQVI (P)PAYROLL-PER$1.DRYPAY IC)TOM COST.PER a1,DDZDST (u)VW,PEA L"T (S)GROSS SANS-PER n,DWIMES (A)aU'"-0® iR$1,GUPSO PT (K ADMISVQN6-r"t$1.0=ADM IT)OTHER CLAIMSMAtlB aIxo1oki All"Y", nseG BMPLOYBE I1 NIFITB L ITV 1. PIIOMRSPRCTROACTMEGATG: _ t CQW01IHEE PER CLAIM: S . NMTGRRUpT¢o CLAMAS MADE CUVERAGF. 2 NUMccR OFEAmLOYccQ a, BEEN ANY PRDDUCT WORT(AD = tlk ICCATIOM µ YEB MO $, NO@IOiR Of fiMROYtES COVERED BY EMPLDYRG VENEER&PUNB. PEEN ANYPPE%n U}S COVERAGE? DCJ,F.IryBUNpD .. . .• .__..__ PROM AM'PREVIOUS COYERAGET � I q, ItE'1}10AGTNE DATE: �. VYAOTAIL COVERAGE PURCHASED UNDER ANY AREvpVSpOtICY9 . .Ru"RKa ACORO IX 4(20001`64) PLILLMO CCMPLM RI?VRRSE ZIM A ACORU CORPORA m 1993 03/30/2004 16:37 17607701002 INSURDEF-T PAGF 11/12 CbN C S rtU„"fGB"Kok. TAIydr YI P6Mae RLfanlpp++Mldlfj I't NO e)4VI.AMN.LI•E3"R6.4PONE$FOfuly PazY q`PfM4R 0�'..prptlptb)-...-_ TEj NO 1 DOE6eMlrWPPAWPL6NSPEIGNS,ORSPEOII TIONS I A.DO YOUR SUSOONTRAC'TOR�CARRY00"ERAOES OR LIU" FOR OTHERRT x LESS THAN YOURRR x DO ANY OPCRATIO49 INOLUOC INASYNIt OR OR IFFO" a. ARR aDRCONTRAC'IORE AL. QWEO TO WORK(WITNQUT EFPLDSRO`t h14TERIALq PRQVIDINO YOU WITH A CERTIFICATE OF INSURANCE? x a x 3 OOANY ORKATIDNS IMOLUGR MAVATION-wNNRLIND, x�e, LXTEB APPAICAXTLRABa&QU1PMP.NT TO CnIERS WITH OR x UNDERGROUND WORK OREARTNMOVINGT WRHOUTOPERATORS4 NPNtl TABU& 59MR'.0 JOFFlAJr •OFl•MF IdhAARIf9AYExCRIBCTNY,TTPIE S{IDOONTRADTEa � O P OPONw PaDDNCTp ftNNOAL GROSS SALESI SOF UNIRS yip - I tl •,_•, INTENDED USE PRINCIPALCOMPONENFS ,- ^m BN)'LNN ARI"YGS"rVASPDXBEB(Far erry pml cT presentprartxi) .,-�YESINO E7PI-RIN ALL"`/ES'RE.�PNs&S{FV'n!'N POtlarprn:wnt PfUAtKA9... . ...^. . .._ ... ...w..,, .. YRe 1 OOES pPPLICAN}INSTALL.SFRVICG ORPK.MPNb1TRATE PRObPC'�TSi O PRODUCTS REfJ1J,E0.D19CONTINUE0,C14AMGED7 ...—.._. . .... .. "/...,. PACREO UNDER PPPLICAN7 .. ..__. _.___. 2 B VEN RSCOVER)WEREPIAR a - 'Aeriaare7 Dt DDaaRE EOREI�I PRODUCTS SPAP,n10TRIBUTED, PRDPUCTII PR OTHERS SPL ORCIDUOT.,.__. cTED OR r1Uw _ a GUARANTR[S,YLIRRANTIQP,HULPNAN 10 PDOEB AN�RA7APP INSURED SELL 7Yl�SY ....-- ,••- Ra6FANDH ANO DEYELtlPMENTCON0f1 PROQUGT'B FLANNDD7 5 PROCUCTSI%LATEDTPAIRCRAPTMPACE INOQawfT INSUREUS? J— .. . .. —__.._. . ..-__—.. . ... DTHER NAMED . .....,.., PLRAS6 ATTACH LITERATURE,6ROOHURIS.IAOtlLx,WAFtNIN6$,Cm. ADDITIONAL INTERMT RTIFICATE RECIPIENT AC1310 AB ailaMRd kc sddl4l I llamas AUTMOYAO �rylpaLeD'RgMN TIT£h1 NlNASER ...-.J ADRmONAI INSURED BUILPMR' LOSS _ _ _ .. .__ .. ..,,.,...W. WIEREST RANK: WHIM&ADDRESS RRR'RCNCh A: CERTIRCA76 E UIRED - E IN11 . MOR"AORE UENNMOKIR �6TNa0. CMr�PYE.E ns LEpBPR ITEM DESCRIPTION: GENERU IR _ ExPV,IN ALL"YDA"RDTmriaEgM any"0 Or ApAyyE OpiDAEORh�• Y NO ,EIPLAIN AWfETRESPONSE3(Far my Past wPfevN OpeleUone} YES NO ANY MEDICAL FACILITIES PRDVIORD OR MCOI 1^ .„_.. .• . MOFa9GtNTA4,g EMPI,O - 12^ ANY STAVGTURALAL1ERAYIQNSCONTEMF`LATEPP S. DOMAVtr PAST,PRE.SENTACTNENI-tOLEAR AT I-..�,. ..HAS APPYENTUReeN A..._. • >_ATO61.,-.__. x YEO OR CONTRACTED '_73, _,WYDCMOLITIDN_4RPQWRt0VNTENR Ix 16u po YOU LEASE EIAPLOYEC$ CURENYLY ACTNE x Y, NATERW.7 WA.IATAItlb, EATINP,DIFCHAPN3WG APPWLYINQ_..-. x 1A, INJ IRTWANT Y6".N ACTIWE IONO012R .,. ,. ..µmm.,,~.. •, T^NXPOSIIRETa RAaI -, OR Ot3CONTPRUSDOFRRATIONa I INVOLVE(D)STrjNG.TR x DIRPOSING,OR TMMNSPCRTINO OF HAZARDOUS _ FROM OTHER SMPI.OYEF.97 .m., . --IAL? .... lelMN.akl 10. la TRSM A LAWR WgROWWOE WITH ANY OTHER x ..-- I BUSINESS ORSURSIDIARIEPP LASTEYEARs7 AR 013CONTINUED IN I .•.......... ...-- II- x l7• AMANY DAY CAREPACLrDS$OPERATEDgRCONTRCLLED7 _ , „ .,, .-Ix MABHINERTOR EO ... .,, _ ..._—_ �. YOUR PREAnsE$vWTHIN THE LAST TWiEE YEARS? 8• ANY WATGACRAFT,ROCIfS,FLOATA DWNRP,rIIRED,LF.aaE07 X �. ANY PMNIN2 PACILRICS OWPIE NT DiREEDT I x ,r,.__ _... 'IY. POLICEYINEFRENNAL,WRITTEN SAFETY AND SECURITYx -- � IBA FEE CHARGED FOR PARKING? J( ,_ ....,. �... ,-. RECRFAT74N FACWTYEC PRO`ApEDP _ - ._.. .. .. x 10. DOES THE RUSW68S6MIONSDTIONALHESAFETY xr MANY ANY RC►RESlkTATRk10 AaQUT THE$IIFfiTY OR 1Q, Li TNERHA SWIMMIND AQDL ON NlIRh4gk6? K SECURITY OF THE PREMISEBT SToRTM OR WBIAL EHENESSp0000REPi_ 1. ,.,x _ REMARKt ANYPERSONWADLAbM I.Y ANDWITHINWE RAUYFAtlANYMSURANN(39OWYORANOTHER PRRRONPILES ANAPPlmgt oMAR1NSURA,NCENI MATA lA TOFPU1ENoMMA.PR ubuI rN r AoGT, Y crl If I ACRIMETID 6NIECTST tx FOR TRSo rpPggELf R•�SLLA SUB TANTIA)CIVI CONPARNINO ANY FACT hIATERI THERETQ,CDMITSA 00,Fi.hli TACT,WM1CNI{AORIMEAND,Nl(UIECiS THE PERSONTOPR1NtIED"A(Nr,SUBSTANTIAL)CIVIL pCNALTIHF•1I10T APRLK:AW,E IN CO,HI,NE,OK MIN OC,IJI.ME,ANP VAS INEURANCGGNENRB MAY AL009E DENiV`p) A06111Y 12"2000104 ATTACK TO APPLICANT INFORMATION SECTION 03/30/2694 16:37 175b7781©82 INSURENET Pf 03/1.2 Spectrum Quote-propal �� 'os Proposed with XZa jC 76/0 3/?3FI:5r Haryard Casualty Insurance Company 0051204 to"11512005 The Flartthrd Spcmw Policy combines all of your insurance needs and packages them into one competkiVely priced ptvdua. ' Aold�U Lapel: Aroperdy coveraPe L001,dfu ur�naufe Spacial Property Coverage Form automatically includes the following ngverages at no add&lorml charge: Valuable Papers Coverage $ I.000 Accounts Receivable Coverage S 1,000 Moneye2kadSecurirles—Inside $ 10,000 Moneys and,Seeoriliou—Outside $ 5,000 fire I)apartment Service Charge $ I S,000 Fire.$xtinguisherRIMNITga $ Included Appwt'ensat Structures: 10Sa of the BWUing limit of insuranoe,but not more than$507000 at caeh described promisee, $ Inuluded Appurtenant Structures: 10%of the Suaineas Personal Property limit of insurance,but not more than$5,000 at eaeb described premises. $ Included Newly Acquired or Constructed Praperly-Building $ 5mmo Business Personal Ptnperty at Newly Acquired Locations $ 230,000 Prop*; k Off•PrAmiscli--Rul(ding $ 5,000 property omftmiaes—Business Personal Prcpesty $ 21000 Automatic Increase in Building Limit of Insurance:4"/,Annual S Included Totwrt's Olaes $ 25,000 At=Reward $ 10,000 Definition of Promises: 1000 fact S Included Automatic Equipment Breakdown Coverage Which Includes: $ Included ►I' Mechanical lreakdown $ included s U ArOcially Generated Electric Current $ Included ►❑ Explosion of Steam Equipment S included ►U Lass or damage to Steam Equipment $ Included ►3 Loss or damage to Water Heating Rquipmant. $ Included LIMU to Coverages Lioxib af7irsurarxcc -premium Eocb Occurrence $ 1,000,000 General Aggregate $ 2,000,000 S Included Produetslbomplered t)petathrn9 $ 2,000,000 S included Personal and Advertising injury S Y,000,040 $ included Fite Legal Liability $ 300,000 $ Included Medical Expenses $ 10,000 $ Included Minimum Premium Difference $ 82 Aroarty Coyera¢es limits ofhulrrance er Law This Er d premlum indicadan ONI,Y based upon tnformaffna providad at lha Onto of nperatim. Ths coverage dascrlptonr in tQ4 prapasal pre abbravfared You will ?read 0 rafar to the pollcy(i*)fir all term, cafdirlan3. I)?atrptivru,and exalmnons, jf there fs any conflict bexuwan rhR aoVarag®.Frat@menta wlthfn ixiir propasal and the actual (nSurdnc2inllca�,the ppllcyjiracGsfq??S will j#avaiL Page 2 03/3012004 16:37 17607781062 INSURENET PAGE 04112 Dedactlble $ 250 Rosiness IncoM And EMM I~xpense $ included $ InOmdod LoggdowWRildike LcSel; Low ticyr/guild%+ Ialarmat gx: L,noation No,lbuildimgNo. 001/001 Stmt Address - 319 S,El G%M,9nitw 100 City,State and Zip Code Palm Springs,CA 92262 pmtecTion Clash 03 Gass Code a91$T Description Association Business:Non Profit Construction Non-Combu.tible Year Built 2002 Area 210 Annual Sales/Recoipts 535.000 Llmlty of aRgam Pramiarn Business Personal property S 2.an0 Fungi Limited Coverap'a S 50,000 $ Included Fungi LIMIted 13uxineae IntM711ptloll S 30 Days $ included 4bretch Endonett►ents: EUMAW Ragulnr Stretch See Stretcb Summary Attached S 1130 7bts it a premium indication ONLY based upon WOPMOtian provided at the tfine o,T operw'O' The eoverage deverittiions in this propnval are abbrtviatad, Yom will noed to r-00 to M6 paticyfiesl,jar all ierm8, conditions, liaettarions, and exclusions, xf there Is any corl/lict betwaan the coverage•StOMWP A tvlthtn ihts proposal and the actual invwrance policy.lhepolicyprovisions will prevaLl. Page 3 .0313012004 16;37 17G077810e2 IMURENET PAGE 05112 Rerudar Stredeft.8ltdorsemeni• Cnvtra a Lhkift oftnsetrance Accm,nts Ctttloivable $ 25,006 Baok-up of Sauter or Drain Water Damage S InclUdad Brands and Labels $ Included Claims Expense $ 51000 Computer and Media $ 10,000 Consequential I,=to Slook $ Included, Debris fornoval $ 25,000 Pmployee Dishonesty(including ER1SA) S 10,000 Fine Arts S 10,000 Forgery $ 10,000 Iuereased Cost of Construction(Buildings) $ 10,000 Newly acquired or Constructed Property-Building $ 1,000,000 Business Porsonai Property at Newly Acquired Locations $ 500.NO QW17remisosServicc-Direct Damage $ 10,000 Outdoor Property(91,000 limit ptr item) $ 10,000 Aggregato Outdoor Signs $ Included Pmonal Ellbcts $ 1000 personal Property ofOtherc S 10,000 Properly at Other Premises $ 10,000 Property Off Premises $ 15,000 Salesperson' Samples S 1 00p TQruperewre Change $ 10,000 Transit Coverage S 10000 Valuable rapt"and records $ 25,000 Valuation 00-AAe $ Included The following changes apply only if Buamwo Income and Extm EhCpense are covered under this,pglicY. Business Tneoma extenslan for Off Pfurnwv SorvicQ S 25,000 Business Income at Newly Acquired Premises S 250,00 Thfs is a premium indication ONLY based upon bnf rmatton provided at the tfmv of pperatian. The V6kVd Yge descriptlow in ibis proparal apd obbreviared You will need in refer to the pdicy(ies)for all aermr. a0nditlons, iimPaiioltr. ynJexcluFiana. lfrhexe is anv torOct between the coverage statemeius Within thto praposol and the acival lnsurmvCd policy the Palley ptmrisiopa will prd+ra{/. Pane 4 03/3,0%2004. 16,37 17607781082 INSURENET PAGE 06112 Rewminend &MA and com wya Prey lrcm_Scantrurry 04/15/2004 to 04/1512005 Tartu You are hereby notified that under the Terrorism Risk Insurance Act of 2002.ef%cfVe November 26,2002, we moat make tcrtorism ec-Orate available in tire policies we oMr. However,the actual coverage available under our policies fur noes of terrorism is limited by the terms,conditions, exclusions, limits, other provisions of the eover4c quote (o )vhich this offer is attached and by the panty,any endo7emeuts to the policy and generally applicable rules of law. Any terrorism coverage made available in our politics is partially ref Bored by the United States of.America under a formula established by federal IAw. Under this formula,the United States will pay 90?/ of covered uerrurivii losses exceeding a statutorily esWfsbcd deductible paid by insurers until such time as insured!oases under the program reach $100 pillion. If that occurs,Congress will determine the procedures for,and the source of,any pavmems for losses in excess of$loo billion, Ifyqu decide to purchase this policy,tilt premium you will be required to pay far terrorism coverage is 10, If you have a policy which includes Workers Compensatlon ooverage for employees located in the state of New York, u will be receivi ma an additional nuti'fltation regarding a promium oharge,if any,that applies to terrorism co e. Spectrum.Annual Premium $ 500.00 lnsurenet Broker Fve* $ M.00 Total Annual)Premium $ 675.00 *Broker fee is 100%fully earned and due at binding. The►'1wrs1brars Compafitive Oxtea,Account+Credits and Extended Coverages will provMc. you with the highest quality product at a valoe•driveo price.Let 0 OkOW you hoW You Can save EVEN MORE by letting the,ti> Word handle your entire acecantl When yea combine our Spectrum Policy with one or more other of Tile iiartford's Commercial insuraoce Policks,you can save up to 10%on your total account preivinm. The HaWbrd Direct Bill System,offers you the flexibility of various payment plans.You can tailor a plan to meet your cash flaw needs.For each instatlment,there 4 A nominal foe. Also,to help you keep track of your premium paymeoP, all otyour Hanford Commerial Business can be placed on one paYment plan, To make paying your premiums as aasy as possible, we also offer you the benefit of electronic payments. With thLS opfion,your payments ern automatically deducted from your bank account, in accordance with tho schedule you select. So there's no bill, no check, no stamp, no worry, When you receive your first bill,,lust tail the toll free number provided and ask to sign up for Repetitive EFT(Popatkive Eltctronie Funds Transfer). Ackno gel and Accepted By ors d4- OS^ d`l (Signature ofthe lnsu d) (Date) THis it a pre,giwn fndeea[tart ONLY based won btfwrmatfott Provided at the time a{operation, T9trt awaragr descrrpilons ltt this proposal are abbreviated, You will need to refer (0 the pollcy(1es)Pr all terms, coxdifltuts, timfrationg. and exclusions, If is any coi$tfict betwect;the cpvaragk.statements within th£s proposal and the actual itisurunce policy,the policy provlsiom will prcuad Page 5