HomeMy WebLinkAbout04763 - KEITH MCCORMICKS EXOTIC CAR AUCTIONS DOWNTOWN PARKING STRUCTURE FRANKS TALALA SERVICE LICENSE AGR Keith McCormick Excotic Car
Auctions - Downtown Pkg Strt
AGREEMENT #4763
M07367, 9-3-03
LICENSE AGREEMENT FOR
USE OF THE PARKING STRUCTURE
THIS LICENSE AGREEMENT is made and entered into, to be effective the,4'���
day of y f, , -,,, ced, 2003, by and between the CITY OF PALM SPRINGS, a charter city
("Cit?), 1i d KEITH MCCORMICK'S PALM SPRINGS EXOTIC CAR AUCTIONS
("Licensee"). City and Licensee may hereinafter be referred to individually as a "Party"
and collectively as "Parties."
RECITALS
WHEREAS, City is the fee owner of a parking structure which is located on
Indian Canyon Road in the City of Palm Springs, California("Parking Structure"); and
WHEREAS, Licensee has been conducting car auction events in the City of Palm
Springs for more than seventeen years; and
WHEREAS, Licensee typically conducts its bi-aimual car auctions at the Palm
Springs Convention Center; and
WHEREAS, the Convention Center is currently being remodeled such that
Licensee may not conduct its Fall 2003 car auctions at the Convention Center; and
WHEREAS, Licensee desires to conduct its Fall 2003 car auctions in the Parking
Structure; and
WHEREAS, pursuant to various agreements, certain businesses which are located
near the Parking Structure have reserved parking spaces in the Parking Structure; and
WHEREAS, all of the owners of reserved parking spaces ("Releasing Parties")
have executed a Release and Waiver Agreement authorizing Licensee to have complete
use of the Parking Structure during the Term of this License, which use includes the use
of their reserved parking spaces; and
WHEREAS, a true and correct copy of said Release and Waiver Agreement is
attached hereto and incorporated herein as Exhibit"A."
NOW, THEREFORE, in consideration of the mutual covenants, promises and
conditions set forth herein, the Parties hereto incorporate the recitals set forth above and
further agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Grant of Access.
City hereby grants to Licensee a license and pennission to enter upon and
use the Parking Structure for the limited purposes of preparing for,
conducting and cleaning up from a collector car auction ("Auction") in the
1003/029/24983 v1
Parking Structure. A site plan for the Parking Structure is attached hereto
and incorporated herein by as Exhibit "B". The License granted herein
shall be valid for the Term set forth below only.
1.2 Scope of Use.
Pursuant to this License and for the term provided herein, Licensee may
use the Parking Structure to Col4bo,c -Tit- IS"' G4 Shbro LAAP6R
1.3 Regulations.
Licensee shall ensure that the Auction and ,all other uses of the Parking
Structure by Licensee and its agents, officers, employees and invitees
(collectively "Licensee's Parties") during the Tenn comply with all
federal, state and local laws and ordinances, including the City's noise
ordinance.
1.4 Licenses, Permits, Fees and Assessments.
(a) Licensee shall obtain at its sole cost and expense such licenses,
permits and approvals as may be required by law for the Auction and the
performance of any other services required by this License. Licensee shall
have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise
from or are necessary for the Licensee's performance of the services
required by this License, and shall indemnify, defend and hold harmless
City against any such fees, assessments, taxes penalties or interest levied,
assessed or imposed against City hereunder.
(b) Licensee is solely responsible for applying for and paying all fees
related to the closure of any and all roads necessary for the Auction. It is
anticipated that Baristo Road will need to be closed between Indian
Canyon and Palm Canyon during the hours of 8:30 a.m. and 11:30 p.m. on
November 21-25, 2003.
(c) Licensee will obtain a plan, which shall be approved by the City, to
keep people and vehicles out of the Parking Structure during the Term.
Licensee shall be solely responsible for the implementation and execution
of said plan.
2.0 COMPENSATION
2.1 License Fee.
In exchange for the exclusive use of the Parking Structure, Licensee shall
pay the City FIVE THOUSAND DOLLARS ($5,000) on or before
November 1, 2003.
1003/028/24983 v1
2.2 Admission Fees.
Licensee may charge the general public TEN DOLLARS ($10.00) per
person per day for admission to the Auction.
3.0 PERFORMANCE SCHEDULE
Unless earlier terminated in accordance with Section 7.4 of this License,
this License shall entitle Licensee to exclusive use of the Parking Structure
from 8:00 a.m. on November 20, 2003 through 11:30 p.m. on November
25, 2003. At the conclusion of this period of use, Licensee's clean up and
tear down of all items brought to the Parking Structure by any person in
connection with the Auction must be complete.
4.0 COORDINATION OF WORK
4.1 Representative of Licensee.
The following principal of Licensee is hereby designated as being the
principal and representative of Licensee authorized to act in its behalf with
respect to the work specified herein and make all decisions in connection
therewith: Keith McCormick. It is expressly understood that the
experience, knowledge, capability and reputation of the foregoing
principal was a substantial inducement for City to enter into this License.
Therefore, the foregoing principal shall be responsible dining the term of
this License for directing all activities of Licensee and devoting sufficient
time to personally supervise the Auction. For pl rposes of this License, the
foregoing principal may not be replaced nor may his responsibilities be
substantially reduced by Licensee without the express written approval of
City.
4.2 License Officer.
The License Officer shall be such person as may be designated by the City
Manager of City. It shall be the Licensee's responsibility to assure that the
License Officer is kept informed of matters relating to the Auction and the
Licensee shall refer any decisions which must be made by City to the
License Officer. Unless otherwise specified-herein, any approval of City
required hereunder shall mean the approval of the License Officer. The
License Officer shall have authority to sign all documents on behalf of the
City required hereunder to carry out the teens of this License.
4.3 License Not Assignable.
This License shall become effective irmnediately and is personal to the
Licensee and is not assignable. Any attempt by Licensee to assign this
License shall terminate this License innnediately.
1003/028/24983 Y1
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the
manner, mode or means by which Licensee, its agents or employees,
perform the services required herein, except as otherwise set forth herein.
City shall have no voice in the selection, discharge, supervision or control
of Licensee's employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Licensee shall perform
all services required herein as an independent contractor of City and shall
remain at all times as to City a wholly independent contractor with only
such obligations as are consistent with that role. Licensee shall not at any
time or in any manner represent that it or any of its agents or employees
are agents or employees of City. City shall not in any way or for any
purpose become or be deemed to be a partner of Licensee in its business or
otherwise or a joint venturer or a member of any joint enterprise with .
Licensee.
5.0 INSURANCE AND INDEMNIFICATION
5.1 Insurance.
Prior to its ability to access the Parking Structure, Licensee will provide
City with proof of insurance, at Licensee's sole cost and expense, to
remain in full force and effect during the entire teen of this License. The
following policies of insurance shall be maintained:
(a) Workers' Compensation Insurance. Workers' Compensation Insurance
in an amount required by the laws of California and Employer's Liability
Insurance in an amount not less that ONE MILLION DOLLARS
($1,000,000) combined single limit for all damages arising from each
accident or occupational disease.
(b) Commercial General Liability. Commercial General Liability Insurance
written on a per-occurrence and not a claims-made basis in an amount not
less that ONE MILLION DOLLARS ($1,000,000) combined single limit.
(c) Automobile Liability Insurance. A policy of comprehensive automobile
liability insurance written on a per-occurrence basis in an amount not less
than ONE MILLION DOLLARS ($1,000,000) combined single limit
covering all owned, non-owned, leased, and hired vehicles used in
connection with operations occurring on the Property.
(d) Other Insurance. Such other policies of insurance including, but not
limited to, casualty insurance, business interruption insurance and fidelity
insurance, as may be required by the nature of operations.
1003/028/24983 Y1
(e) General Provisions. All of the foregoing policies of insurance shall narne
the City as an additional insured and shall be primary insurance and any
insurance maintained by City shall be excess and non-contributing. Each
insurer of Licensee shall waive all rights of contribution and subrogation
against City and its respective insurers. Each of such policies of insurance
shall name City and its affiliated entities, and their respective officers,
directors, agents, and employee's (collectively, "City's Parties.") All
policies of insurance required to be obtained by Licensee hereunder shall
be issued by insurance companies authorized to do business in California
and must be rated no less than B+:VII or better in Best's Insurance Guide.
Prior to engaging in any operations hereunder, Licensee shall deliver to
City certificate(s) of insurance evidencing the coverages specified above.
Such policies shall not be cancelled or materially altered to the detriment
of City or Licensee without the insurer providing City with thirty (30)
days' written notice.
5.2 Indemnification by Licensee.
(a) Licensee shall indemnify, defend (with counsel designated by
City), protect and hold harmless City, City's Parties and the
Releasing Parties from and against any and all claims, demands,
judgments, actions, damages, losses, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees and court
costs) arising at any time directly or indirectly from or in
connection with (i) any default in the performance of any
obligation by Licensee to be performed under the terns of this
License, (ii) Licensee's use of the Parking Structure, or (iii) the
conduct of Licensee's business or any activity, work or things
done, permitted or suffered by Licensee in or about the Parking
Structure, except to the extent caused by City's negligence or
willful misconduct. The obligations of Licensee under this
Section 10(a) shall survive the expiration or earlier termination of
this License.
(b) Licensee, as a material part of the consideration to City, hereby
assumes all risk of damage to the Parking Structure, including,
without limitation, injury to persons in, upon or about the Parking
Structure during Licensee's use of the Parking Structure, arising
from any activity of Licensee relative to the Auction or other
activities of Licensee or Licensee's Parties in the Parking
Structure. Licensee hereby waives all claims with respect thereof
against City. City shall not be liable for any injury to the Parking
Structure, or injury to or death of any of Licensee's Parties, or
injury to any of the vehicles in the Parking Structure as part of the
Auction, or injury to or death of any other person in or about the
Parking Structure from any cause except to the extent caused by
1003/028/24983 A
the negligence or willful misconduct of the City or the City's
Parties.
5.3 Assumption of All Risks and Liabilities.
Licensee assumes all risks and liabilities arising out of any and all use of
the Parking Structure by Licensee or Licensee's Parties.
6.0 PROPERTY RELATED ISSUES
6.1 Waste, Damage or Destruction; Surrender of Property.
The Licensee shall not allow any waste, damage or destruction to occur in
or to the Parking Structure. When this License terminates, upon such
termination, Licensee, as its sole expense, shall repair any waste, damage
or destruction and shall restore the Parking Structure to that condition
existing prior to Licensee's use of the Parking Structure. Should Licensee
fail to vacate the Parking Structure in a clean and undamaged condition,
City may arrange for the cleaning and/or repair of the Parking Structure,
the cost of which will be immediately reimbursed by Licensee, and
Licensee will be additionally penalized ONE THOUSAND DOLLARS
($1,000) per day, or portion thereof, that the Parking Structure is
unavailable for its normal use.
6.2 Cleaning Deposit.
On or before November 1, 2003, Licensee shall deposit ONE
THOUSAND DOLLARS ($1,000) with City as a cleaning deposit to
ensure that,by 11:30 p.m. on November 25, 2003, Licensee has cleaned
up and taken down all items brought to the Parking Structure by any
person in connection with the Auction. Nothing contained in this Section
6.2 shall in any way diminish or be construed as waiving any of the City's
other remedies by law or in equity. Should Licensee vacate the Parking
Structure on November 25, 2003, in the condition required by this
License, the cleaning deposit shall be returned in full to License.
6.3 Security.
At its sole cost and expense, Licensee shall retain 24-hour uniformed
security guard services to patrol the Puking Structure during the entire
period of the Tenn.
6.4 Security Deposit.
On or before November 1, 2003, Licensee shall deposit TEN
THOUSAND DOLLARS ($10,000) with City as a security deposit to
secure the faithful performance by the Licensee of all of the terns,
covenants, and conditions of this License. Licensee agrees that, should the
1003/028/24983 v1
Parking Structure, any other City property or the property of any other
person become damaged in connection with the Auction, said security
deposit may, at City's option, be applied to any damages suffered by City
or any other party to the extent of the amount of the damages suffered.
Nothing contained in this Section 6.4 shall in any way diminish or be
construed as waiving any of the City's other remedies by law or in equity.
If, as of May 31, 2004, City is not aware of any pending claims for
damages in connection with the Auction, any unspent portion of the
security deposit shall be returned in full to Licensee.
6.5 Process to Determine Standard for Cleaning and Damage to City
Property
At 8:30 a.m. on November 21, 2003, a representative of City and a
representative of Licensee shall meet at the Parking Structure to conduct a
joint inspection and to compile a list of pro-existing damage to the Parking
Structure. The sarne parties shall meet at Ift on November.2 t"2003, to
conduct a follow up joint inspection and to compile a list describing any
damage to the Parking Structure which occurred in connection with the
Auction and any debris which was not removed from the Parking
Structure. This list, if any, shall be given to the City Manager who shall
designate a City employee to assess the value of the damage to the Parking
Structure. The value of the damage shall be deducted from the cleaning
deposit or the security.deposit, as applicable. Should the assessed damage
exceed the amounts on deposit with the City, Licensee shall pay the
additional damages to the City within ten (10) days, or the additional
damages shall begin to accrue interest at the legal rate of interest.
7.0 ENFORCEMENT OF AGREEMENT
7.1 Governing Law.
This License shall he governed by, interpreted under, and construed and
enforced in accordance with the laws of the State of California.
7.2 Waiver.
The waiver of any breach of any provision hereunder by City or Licensee
shall not be deemed to be a waiver of any preceding or subsequent breach
hereunder. No failure or delay of any Party in the exercise of any right
given hereunder shall constitute a waiver thereof nor shall any partial
exercise of any right preclude further exercise thereof.
1003/028/24993 v1
7.3 Severability.
If any paragraph, section, sentence, clause or phrase contained in this
License shall become illegal, null or void, against public policy, or
otherwise unenforceable, for any reason, or held by any court of
competent jurisdiction to be illegal, null or void, against public policy, or
otherwise unenforceable, the remaining paragraphs, sections, sentences,
clauses or phrases contained in the License shall not be affected thereby.
7.4 Termination Prior to Expiration of Term.
This Section shall govern any termination of this License. The City
reserves the right to terminate this License at any time, with or without
cause, upon sixty (60) days' written notice to Licensee, except that where
termination is due to the fault of the Licensee, the period of notice may be
such shorter time as may be determined by the License Officer. In
addition, Licensee reserves the right to terminate this License at any time
upon, with or without cause, upon sixty (60) days' written notice to City.
Upon receipt of any notice of termination during the Tenn, Licensee shall
immediately cease the Auction, and shall clean, repair and vacate the
Parking Structure.
7.5 Termination for Default.
If termination is due to the failure of Licensee to fulfill its obligation under
this License, City may give Licensee twelve (12) hours' notice to vacate
the Parking Structure.
7.6 Attorney's Fees.
If either party to this License is required to initiate or defend or made a
party to any action or proceeding in any way connected with this License,
the prevailing party in such action or proceeding in addition to any other
relief which may be granted, shall be entitled to reasonable attorney's fees
and costs.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the
Licensee, or any successor in interest, in the event of any default or breach
by the City or for any amount which may become due to the Contractor or
to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest.
10031028/24983'v1
No officer or employee of the City shall have any financial interest, direct
or indirect, in this License nor shall any such officer or employee
participate in any decision relating to the License which effects his
financial interest or the financial interest of any corporation,partnership or
association in which he is, directly or indirectly, interested, in violation of
any State statute or regulation. Licensee warrants that it has not paid or
given and will not pay or give any third party any money or other
consideration for obtaining this License.
8.3 Covenant Against Discrimination.
Licensee covenants that, by and for itself, its heirs, executors, assigns, trad
all persons claiming under or through them, that there shall be ;ao
discrimination against or segregation of, any person or group of persons
on account of race, color, creed, religion, sex, marital status, national
origin, or ancestry in the performance of this License. Licensee shall take
affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race,
color, creed, religion, sex, marital status, national origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
91 Headings.
The headings of this License are for put-poses of reference only and shall
not limit or define the meaning of the provisions of this License.
9.2 Counterparts.
This License may be signed in any number of counterparts, each of which
will be deemed to be an original, but all of which together will constitute
one instrument.
9.3 Notice.
Any notice required or permitted to be given hereunder shall be in writing
and signed by the Party, officer or agent of the Party to whom it is to be
sent, and shall be either: (1) personally delivered to the Patty to whom it
is to be sent, or (2) sent via overnight courier services, or (3) sent via
certified or registered mail, return receipt requested, postage prepaid to the
respective addresses, or such other addresses as the Parties may specify in
writing:
To City: City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, California 92262
Attn: Director of Downtown Development
To Licensee: Keith McCormick's Palm Springs Exotic Car Auctions
1003/028/24983 vl
No�. ILPw.J r�h1cR c�N� .
PALM SPRINGS EXOTIICVV CAR AUCTIONIS
244 N.INDIAN CANYON DRIVE
PALM SPRINGS,CA 92262
Attn: Keith McConmick
IN WITNESS WHEREOF, City and Licensee have executed this License as of
the date as indicated by the signatures below.
LICENSEE:
KEITH McCORMICK'S PALM SPRINGS
EXOTIC CAR AUCTIONS
Date: S 12003
By:
Keith McCormick
Title: 07BS
1003/028/24983 v1
Approved as to Form By:
Byc��cuv�'a
Counsel for Licensee
CITY:
CITY OF PALM SPRINGS
Date: 2003 �
City Manage
ATT �
l y Clerk
Approved as to Form By:
Aleshire &Wynder, LLP
By.
*Daeshilv6, Att as
1003/028/24983 vl
Franks, Talala, Merzrahi, Svc
Release & Waiver Pkg Struct
AGREEMENT #4763
M07368, 9-3-03
RELEASE AND WAIVER OF RIGHTS - --- - - - — —
/TI-TIS RELEASE AND WAIVER AGREEMENT is made this 7 day of
!L"ral-e 2003, between the City of Palm Springs ("City") and Zachary Franks ("Franks"),
Mathew Talala ("Talala"), Shaul Mezrahi ("Mezrahi") and Ric Service ("Service"). Franks,
Talala, Mezrahi and Service may be collectively referred to as the "Releasing Parties."
RECITALS
WHEREAS, City is the fee owner of a parking structure which is located on Indian
Carryon Road in the City of Palm Springs, California ("Parking Structure"); and
WHEREAS, Franks, as the owner of The Chop House and The Deck has reserved the
right to exclusively use 25 spaces in the Parking Structure as shown on the site diagram
which is attached hereto and incorporated herein as Exhibit"A;" and
WHEREAS, Talala, as the owner of The Village Pub and Atlas has reserved the right
to exclusively use 28 spaces in the Parking Structure as shown on the site diagram, Exhibit
"A;" and
WHEREAS, Mezrahi, as the owner of 296 South Palm Carryon Building has reserved
the right to exclusively use 44 spaces in the Parking Structure as shown on the site diagram,
Exhibit"A;" and
WHEREAS, Service, as the owner of Las Casuelas Terraza has reserved the right
to exclusively use 6 spaces in the Parking Structure as shown on the site diagram, Exhibit
"A;" and
WHEREAS, Keith McConnick's Palm Springs Exotic Car Auctions
("McCormick") has been conducting car auction events in the City for more than
seventeen years; and
WHEREAS, McCormick typically conducts its bi-armual car auctions at the Palm
Springs Convention Center; and
WHEREAS, the Convention Center is currently being remodeled such that
McCormick may not currently conduct its car auctions at the Convention Center; and
WHEREAS, McCormick desires to conduct its Fall 2003 car auctions in the
Parking Structure ("Auction"); and
WHEREAS, the Releasing Parties believe that conducting the Auction in the Parking
Structure will enhance the value of their individual properties by bringing visitors to the
Parking Structure as well as the Releasing Parties' adjacent properties, which visitors will
utilize the Releasing Parties' businesses.
NOW, THEREFORE, THE PARTIES HERETO INCORPORATE THE ABOVE-
LISTED RECITALS AND AGREE AS FOLLOWS:
1003/028/24985 v1 1
COVENANTS
1. Release. Each of the Releasing Parties, on behalf of itself and its
representatives, agents, employees, attorneys, successors and assigns, hereby releases its use
of any reserved parking spaces in the Parking Structure from 8:00 a.m. on November 20,
2003, through 11:30 p.m. on November 25, 2003 ("Tenn"), without any compensation to the
Releasing Parties, as set forth in the "License Agreement for Use of the Parking Structure"
which is incorporated herein by this reference. Pursuant to this release, each of the Releasing
Parties agrees that it will make no claim against the City for lack of parking during the Tenn.
2. hideranity. Consideration for this release shall include that City shall obtain
from McCormick an agreement to indemnify, defend and hold harmless City, its officers,
employees, agents and contractors from any actions, suits, damages, claims, losses and
expenses (including attorneys fees and costs), including damages to persons or property,
losses, costs, penalties, obligations, errors, omissions or liabilities ("claims and liabilities")
that may be asserted or claimed by any person, fine or entity arising out of or in connection
with (i) the Auction, (ii) the use of the Parking Structure on November 20 -25, 2003, or (iii)
any activity, work or thing done in or about the Parking Stricture; and that such indemnity
include the Releasing Parties as indemnified parties.
3. Waiver of Civil Code Section 1542. By releasing and forever discharging
claims both known and unknown as provided herein, each of the Releasing Parties expressly
waives any and all rights rider California Civil Code Section 1542 in connection with any
Claim or Liability against the City and City's Parties. Civil Code Section 1542 provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN IHS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
Each of the Releasing Parties waives and relinquishes any and all rights and benefits
which it may have under Section 1542 of the California Civil Code and any similar code
provision or protection. Each of the Releasing Parties has performed a fall and complete
investigation of the facts pertaining to this Agreement. Nevertheless, each of the Releasing
Parties acknowledges and is aware that it may hereafter discover facts in addition to or
different than those which it now knows or believes to be true with respect to potential
claims, allegations, events and facts set forth herein,but it is each Releasing Parties' intention
hereby to fully and finally settle and release any and all matters, disputes, and differences,
kniown or unknown, suspected or unsuspected, which may exist, as against the City and
City's Panties, and in furtherance of this intention, the release herein given shall be and
remain in effect as a full and complete general release notwithstanding discovery or existence
of any such additional or different facts.
4. Compliance with Laws. All actions taken pursuant to this Agreement shall be
provided in accordance with all federal, state, and local laws, ordinances and regulations
including, without limitation, all applicable Municipal Code provisions. Furthermore, each
1003/028/24985 v1 2
and every provision required by law to be inserted into this Agreement shall he deemed to be
inserted, and this Agreement shall be read and enforced as though they were included.
5. Integration; Amendment. This Agreement contains all of the agreements of
the parties and cannot be modified, terminated or rescinded, in whole or in part, except by an
instrument in writing signed by all parties hereto. No prior oral or written understanding
shall be of any force with respect to those matters covered in this Agreement.
6. hnterpretation and Enforcement; Governing Law. This Agreement shall be
construed and interpreted both as to validity and performance of the parties in accordance
with the laws of the State of California. Legal actions concerning arty dispute, claim, or
matter arising out of or in relation to this Agreement shall be instituted and maintained in the
Superior Court of the County of Riverside, State of California, or in any other appropriate
court with jurisdiction in such county, and the parties agree to submit to the personal
jurisdiction of such court.
By signing below, parties represent and warranty that they have authority to bind the
parties to this Agreement.
1003/028/24985 Y1 3
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as
of the day and year first written above.
CITY:
CITY OF PALM SPRINGS
By: i
City Manager
AT EST.
^
City Clerk
� i'rali'G'14i'uU'u`��i� u � a G'ii:. hG B V ��iILSUL�L-e4
APPROVED AS TO FORM:
By:
Ci&ttorrt'ey
RELEASING PARTIES:
THE CHOP HOUSE AND THE DECK
By: Icy: C c"tz-, ll <lt.:.,7z Y�4
Zachary Franks G�
THE VILLAGE PUB AND ATLAS
By:
Mathew Talala
296 SO TH P C ON UILDING
By:
Shaul Mezrahi
LAS CASUELAS TERRAZA
By:
Ric Service
1003/028/24985 v1 4
Aug 12 03 11 : 01a Teri 8herrow 808 675 6186 p. 1
03/12/2003 13:44 FAX 760 325 8271 Jerry A Ogburn 1@I OS
i
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement a;
of the day and year first written above.
i CITY:
I
CITY OF PALM SPRINGS
By. Ma or
� Y
ATTEST:
. , By:
City Clerk
APPROVED AS TO FORM:
I•
By.
City Attorney
J RELEASING PARTIES:
+� THE CHOP HOUSE AND THE BECK
By: W t�>Zatary an
THE VILLAGE PUB AND ATLAS
Mathew Talala
296 SOU H PA CA N ILDING
By:
ShTg Iflezrabi
I
LAS CASUELAS TERRAZA
i
By:
` Ric Service
I
}003N28/24M vt 4
Muriel's l rj�• ,
Supper Club
1r I `I�i
r Las Casuelas � �s�,' - • �
Terraza i 4`
' �' I 1 •'fi�4.y���IT�W 4I 1 I�r II`
r,
,41� 16.101
' t Abe People
Frank
Building
It
• Chop House/ - - I�••••••iIAPO,
�
The Deck
it
Village Pub
A rir>r, I•.•
296 South
Palm Canyon 'Ir.••',IY
1.
A.
rrS.�
r - 1
NOV-19-03 09 :07 AM PALM. SPRINGS. AUCTIBNS. A 750 323 7031
P. 01
MAIL COMPLETED FORM TO: v
PALM SPRINGS AUCTION INC. D.B.A. ;t
PALM SPRINGS EXOTIC CAR AUCTION
S `r`
Y 244 N. INDPALM
CANYON DR. SPR SPRINGS,CA 92262
Q Q FOR OFFICE USE ONLY
SALE NUMBER �
YSOLD?❑SATURDAY LOT#
." ❑SUNDAY i .f
AUCTION LISTING AND SELLING CONTRACT AGREEME
$ALE ._ DATE OF AUCTION h'
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City/Slate/Z,p__
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VEHICLE INFORMATION r
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r atle deSur(bo your vehicle fairly and accurately. This information wi0 be used ut advertising and at the auction block to describe your
C4 f'1
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Condition_ �r7i
.,1. ;
Rate each item below: POOR rAIR GOOD Ex( �iKc
( Exterior Interior— Engine Q ❑ _. ❑ _ +*'"
God
�Ggnse Expiration-Month _.Year Chassis. ❑ _ ❑ _ ❑ ❑ f w
"flf 1 Chassis/Vehicle I.D. # Tires---- ❑ ❑ _ ❑ "
t Coachwork& Interior ❑ ❑ _ ❑
d
�e Electrical Equipment__ ❑ �,_ ❑ _ ❑ _ r k
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RR Y Transmission-- p ❑ ❑ Q bb..
een pecon;d tionea?, _--- — Paint_ ❑ ❑ _ ❑ _ ( +yq
e��Yoning or'Resloration Details d
w . I s
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Hit; IBIS?�f�iY gelails of previous history and ownership,it know,and any other facts of special interest(such as eompellCioris won and awards rocelva'di W; xy.
5� o Ad q�kheel drum at the discretion of the Auctioneer Please print legibly. m
NtiirNr�— - � A1uh4ti
iye ICE " ❑IF"NO RESERVE,"CHECK BOX WITH (SGIp TO HiGHESl`, 'I�i(S
EI Y L W,LL Automobile will be accepted With a ras@i4'Q79e0'6d on It pfovida(I it is co
�y t and reasonable by the Audion Company The rg;r` V0 itany,must bestaled on
No reserve can be raisedonce(heauromobllerS27tPpted,butRmaybeia+vaht
ofsale.
Qua.� ♦nAh�TTa'nr)acHfl all nthare hank In PALM "' n.
AR At�Gt+oN�s �
hajocipiy,pf title(bbth sides).
r a not included, it must be
— JJAV e will have these at registration.
i Owner, SBIIer and Consignor Sign Here
'Ell 1111 W
1p,hql6q��(Wr)r) for advertising READ AND UNDERSTAND THE TERMS CONTAJ �o THE
REVERSE SIDE WHY
Fee (see reverse) A PART OF THIS CONTRACT,THEN SIGN ABOVE�,N'
%Estate EjeCutor 01 Adj 'Vig
n qfp"o rglyll 00je E�j --apt o6d aUthortzatfo
—FA 11401t.0%on reverse. Guardian or Agent:Must also send copy of court*06#� n to 601",
IyaY Re In ioei--,606-inust match either engine or Z,
j I AGREE TO MAINTAIN NSURAN(0,EW'6AINST ALL P
Nhurnpqr T TITLE MUST BE IN AUCTION
SI' ON MY VEHICLE UNTIL I E)% Oc .............
,ON',WHEN VEHICLE ENTERS AUC- PR FE
P
T REC
A-W
P
PIPES;— Q
AMEX ❑MASTERCARD VISA.
k' 1`1�16&Tt FORM OF PAYMENT'.
a,'
CHECK q
Card No.
M4�
10, Y,QHDER Signature
SAT SALE SALE RECAP AND RESULTS
lfr.fbA Bid$
Net 1.
Seller$
Entry p —
F,jds_� cornrn[G51011$
lived ❑YES J NO EXPLANATION.----
CHECK NO,
Dais (ixs'�4
Mailed
Ll YES NO Date: Cart No
11/18/03 18:03 FAX 760 323 8279 PS Recreation a 001
I ACORD_ CERTIFICATE _
TE OF LIABILITY GATE O TY YI
Sg� owl-2 4 03
ARopuceR THIS I '§= AS A MATTIER OF INFDRMATIO
ONLY AND CONFEeRRS 1p�ID RIGHTS UPON THE CERTIFICATE
c4mswood Inauzan.ea Agontry r Ltd. HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND Oft
340 South £arroll Drive L03 ALTLLR THE COVERAGES AFFORDED BY THB POLICIES BELOW
Palm Springs WL 92262
Phone: 760-322-4466 "��„t; INSURERS AKFORDINGGOVERACiE NAIG#
........ _...,. ..._
IN3UR60 "� 'I'�1 INS RER AM1. _ ►L[k Cinanolai IasVLA,Wn Ca.
INYLWGR E:
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294 N. Sn an QAy5 '..�n/�t,l"'�'..' INwFeR C' .•.._____ .. ..__.
Pul ,Spri2fe Auctyylppo�n5n;, Inc. -
Palm S rings CA 92�L 62 p'
E:
COVERAGES
THE POLICIES OF INSURANCE LL9TE0 OELOW HAVE BEEN I88UE0'TO THE INBURBD NAMED AEOVH POR THE POLICY PERIOD INDICATED.NOTNITHeTANDING
ANY REQUIREMENT,TERM OR CONpI'f10NI OF ANY CONTRACTOR OTHER DOOUMENY'WRN REBPEOTTO WHICH THIS CERTIFICATE MAY BE 180UEO OR
MAY PERTAIN,THE INSURANCE AFFORDED BYTME POLICIES DESCRIBED HEREIN.IE EJECTTOALLTHETERM13,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY H.CIE SEEN REDUCED EYFAID CLAIMS.
O MA-R b!MAUt n UUGUH .`� ...._.............. 1 / r 1V —
LYN N@ TYPGGPI.ftU WOE __ PCIuCy NUMEER LIMITO __
EACH OCCURRENCE 5 1,00 D,000
R 1]E COMMERCIAL GGNhT.AL LIABILITY; TJ[.f'A.S2MQFNZ0 11/2D/03 Q.'3 Di/O''4 PR[MIL�[9.{EA uvTInIW��� S�%cludAd
MEO V.P Arry cm 3 G%Q1l1CICd _
_I PER301JALLAOV IIJJLIRY �t �%C1UdCd
GENERAL 00 AGGREGATE_ 5 ,000
GENl40GRGGATE LIMIT AP0.IE_S PERM PRODUOT9. WxSP;AD SO%OlYdCd
FOLIC PEo- LOCI
t AVTOMOEILC LIA041TY li COMEINE06NGLE LIMIT
r—ANY AUTO (E[[pydNY} 5
ALL C'HNED wOIDG BODILY INJURY
3 ,'.UU EO AUTOS (R`r INnnry S
HIREp AUTOS —�
, 'NON-OWNEDAUTOS �,. N�fc WAre)RY
PROPERTY OwMAGE
DARAGE LABILITY AUTO ONLY.EA ACCIDENT [
0.Nl AUTO
OTHE ON-Y: EA AGO f
_ nUTO ONLY: AOG i
�- E(.CH OCCURRENCE $ —_
i E%CE3NYN6RELLL
- -VOLUn GWMS MADE AGGREOATE _ 5 ,
RETENTION S.
t
WORI(ERS COMPENSATION AND 1 TORY LIMIT$ ER
ENPLOY[AS wBLLITY
w YpROPR1ETGWpppTNEFrEAEGUIIVE EL EACH OCCIDENT 3
�OfFICEWT4EMBEREAGLUDE6) EL.pISEAeE-EA EMPLOYEES
II w, PftO dw vam.. .............._..__..POLICY LIM ..... -
I SPEv`w.PROVI90e15 p,bN _ � H.L OISI`JSE IT 3
OTNGn
bE�P1PilON OF OPfiR4DONAILOCATIONEIV LER I, CWEIONE ADOW 4Y EN PPTIER[CAL PROVISIONI
CertiSi Date holder is additional i dsu=1 lmcwI, eial Mentz On
g" /24/03 and 2/26-3%01/03 ]bein
Spring",
A, g held af''27� 51. sJ
SPsge C . ,. ' Indian Canyon D=, Palm
I
CERTIFICATE HOLDER ' 'CANCELLATION
272CLVI� EHOOLO ANY DF THEAEOVE DESCRIEED roLIG1Er N4CANCELLED BEFORE INC EXPIRATION
uATETNWOF,THl IEEUIND ONEUR[R WILL ENDEAWRTO MAIL 30 DAYS WRITTEN
J222 Cl b oS Palm ;pri'ngo + 40TICE TO THE CERTIFIDATe MOLDER NAMED TO THE Lert.BUT FAILURE TO DO 20 IHALL
100 S. Sun=i O,e Way ii211 IYFDEENO OELIOAi1ON OR LANLITY 0I ANY RIND UPON THE INAVRER,ITEADENTE OR
Palm Springs CA NEPREYEi7TATRIEE.LACCIRD25 (20U1/08) @)ACORD CORPORATION
PAW SPRINGS BLOTTO�%.5R AECTIONS d
Keith 0. MOCOXEMCk, Presldent
Selo of 3m MNaae OIeWS end'BpxiE7 mrore[t Aulw.
Helq Lul NeakoOtl III Poh[aeq—4 End of Nov .Y enoh YCET(TBG)320-.99E0 • (TODI 320-2RED .Pat(TSO)3D3-T031
244 N.Ndlen Ganyon Dllvc,Ploy 9prlo$e, CA 92262
NOV-19-03 08 :58 AN PALM. SPRINGS. AUCTI0NS. Fl 760 323 703i 0a P
k L.�A7'IGN ppp
MCGRAW SPECIALTY INSURANCE SERVICES PAGE 1
NORTHERN CALIFORNIA
-wIF 3601 HAVEN AVENUE POLICY NO
u
MENLO PARK, CA 94025 MNN0000306
�5 1-N� F• i �>S
FIC SPECIALTY INSURANCE COMPANY 3a
n T -RATED A ADMITTED)
u
D INSURED AND ADDRESS PRODUCER: B20920 (714) 899 -1218 }as
SPRINGS EXOTIC CAR AUCTIO N COFFER ORA L
1H MCCORMICK COFFER INSURANCE SERVICES ;
!R ; x N. INDIAN CANYON 12832 VALLEY VIEW ST STE D 3=
SPRINGS, CA 92262 GARDEN GROVE, CA 92845 i
CALIFORNIA USED CAR DEALER PACKAGE PROGRAM
DECLARATIONS
CY NO : MNN0000306 -11 .
' CY TERM: 09/16/2003 TO 09/16/2004 12 : 01 A.M. STANDARD TIME AT THE ADDRE ;
`kf+' OF NAMED INSURED AS STATED HERE1
SRAM: USED CAR
RED DRIVERS � , z
y,f NAME ;u LICENSE NUMBER BIRTH DATE ,
� �AMCCORMICK KEITH ^:'N9829055 CA 01/13/194811 ., ;
1 !MC�ORMICK DESLEY:, `, C3845959 -CA 11/12/19,t
+S ` F MCCORMICK JASON ` ' A1273299 -CA 06/16/1970
$RED PROPERTIES
' -OCCUPANCY USE # UNITS YEAR ROOF CONSTRUCTION # STORIES
OWNR SALE 1 1570 ASPH, FRME 1
:fM i . SQUARE FEET 1 �
INSURED VALUE : $1
iff, PROTECTION CLASS: 3 z
PROPERTY ADDRESS : �,h5
m_tir 244 N. INDIAN CANYON PALM SPRINGS CA 92262
Nr'. COUNTY: RIVERSIDE
& y, MORTGAGEE:
LOSS PAYE H
C ON N IO L BANK
BO 3 8 S A R A CA 9 40
LOAN #: J X114XSC74 80
COVERAGE (S)
r Via;. A LIABILITY
$300, 000 LIMIT $500 DEDUCTIBLE
fv �>�
k4 �
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� URED COPY SEE OVER
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p °,pay r�7 I
AM
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NOY+-19-03 08 e55 qf1 P pLM• SPRINGS. AUCTIONS. A
760 323 7031
P. 02
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CA INSURANCE IDENTIFICATION CARD
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a
zzd?�J jr1IV• COMPANY NUMBER COMPANY .y
bast. (714) 899-1218 PACIFIC SPECIALTY INSURANCE CO.
„WW1 POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE i 19
MNN0000306-11 9/12/03 9/12/04 t
YEAR MAKE/MODEL VEHICLE IDENTIFICATION NUMBER
� FLEET (ALL OWNED VEHICLES)
100411"
AGENCYfCOMPANV ISSUING CARDCOFFER INSURANCE, SERVICES12832 VALLEY VIEW STREET #D
GARDEN GROVE, CA 92845
Pr ' INSURED
PALM SPRINGS EXOTIC CAR AUCTION
KEITH MCCORMICK
244 NORTH INDIAN CANYON � I
a � PALM SPRINGS, CA 92262
�
k" SEE IMPORTANT NOTICE ON REVERSE SIDE
•
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4.;s- lielth G. McCormick, Presfdenr z '-z
Sale of 350 Ntlfgae Clesslo and 3peClal Inleresl AWOe. t.
Held Last n«Leml In Pehmary and End of November Each Yesr s -'
(766) 320'3290 • I7e01 azo•zgso • Pax (veo) axa•voal
244 \ Indlan Canyon➢rlve,Palm Sprlags,CA 92262
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Message Page 1 of 1
Y
Sue MiIIS
From: Tiffany Israel [tisrael@awattorneys.com]
Sent: Wednesday, November 19, 2003 4:58 PM
To: Sue Mills
Cc: David Ready
Subject: Keith McCormick's Exotic Car Auction
Although Section 5.1(c) of the license agreement for the use of the parking structure requires Mr. McCormick to have$1,000,000 in
automobile insurance, the City has been notified that Mr. McCormick does not actually have any automobile insurance coverage for
the event_ Because the event is set to commence tomorrow, Mr. McCormick must indemnify the City for any property damage
occurring in connection with the auction, Mr. McCormick does not himself have any vehicles participating in the event, Mr.
McCormick's contracts with the owners of the vehicles which will be participating in the event require the individual owners to insure
their own vehicles, and the low risk of damage to any of the vehicles, Jerry Ogburn's request that the City waive the requirement of
Section 5.1(c)seems reasonable.
Please let me know if you have any additional questions.
Tiffany J. Israel, Esq.
Aleshire &Winder, LLP
18881 Von Karman Avenue, Suite 400
Irvine, CA 92612
Voice: (949) 223-1170
Facsimile: (949) 223-1180
E-mail: tisrael@awattorneys.com
Web Page: www.awattorneys.com
The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the designated addressee named
above.The information transmitted is subject to the attorney-client privilege and/or represents confidential attorney work product.
Recipients should not We copies of this e-mail with publicly accessible written or electronic records. If you are not the
designated addressee and you received this document through inadvertent error, any further review, dissemination, distribution or
copying of this communication, and any attachments, by you, or anyone else, is strictly prohibited. IF YOU RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE TO THE ABOVE-NAMED SENDER AT
(949)223-1170.Thank you.
11/19/2003
4
INSURANCE WAIVER FORM
PROJECT NAME; Keith McCormick's Palm Springs Exotic Car Auctions
CONTRACTOR NAME: Keith McCormick
PROJECT NUMBER:
TYPE OF INSURANCE Automobile Liability
NAME OF INSURANCE None
RATING
EXPLANATION FOR
WAIVER The License Agreement for Use of the Parking Structure between
City of Palm Sprinas and Keith McCormick's Palm Springs Exotic
Car Auctions for the fall 2003 auction requires "a policy of
comprehensive automobile liability insurance written on a per-
occurrence basis in an amount not less than ONE MILLION
DOLLARS ( 1,000 000) combined single limit covering all owned
non-owned, leased, and hired vehicles used in connection with
operations occurring on the property."
The requirement for auto liability insurance was overlooked by
licensee, Keith McCormick upon signing of Agreement. While he
has the required General Liability Insurance naming the City as an
additional named insured, he does not have the required automobile
liability coverage. Since the licensee (Keith McCormick) does not
own the vehicles, has indemnified the City in the License
Agreement and does require that the owners of the vehicles to be
auctioned maintain insurance until receipt of sale proceeds (see
attached Auction Listing and Selling Contract Agreement) I would
recommend that the Citywaive the auto liability requirementfrom the
License Agreement. Similar services performed at the City have
never resulted in a loss.
SUE MILLS, HRt
Director of Human Resources
DAVID H. READY
City Manager
` Nob'-19-03 00 :5S AN PALM. SPRINGS. AUCTIONS. A 7GO 323 7031 P. 01
� P irc
a 6 NCO- KNla o
epau ' ® ® PALM SPRINGS EXOTIC CAR AUCTIONS
244 N. Indian Canyon Drive Palm Springs, CA 92262
(760) 320-32,90
}Lz (760)320-2850
Fax (760) 323-7031
Web Site - httpy/wui%.classic-carauctiort.cohi {I
E-snail: keithrn classic-carauction.colp
Jason a classic-carauction.coth
f ",'
a.YrYi
: , . 11-19-03
;; 'r.` Ref . Contract with city of Palm Springs to hold
,.:JT
r rj
,;€.'i., collector car auction in parking structure.
`,, We are requesting a waiver of section 5-1A workers com-
pensation , as Palm Springs Auctions does not employ
r;r %r1 anyone . a
Please find copy of our automobile liability insurance
ref section C.
Yours TrulyAz
;-
Reith McCormick -
:3;i.y
(',5a
R