HomeMy WebLinkAbout11/19/2003 - STAFF REPORTS (16) DATE: NOVEMBER 19, 2003
TO: CITY COUNCIL
FROM: DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT
APPROVAL OF LEASE WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS
FOR THE OPERATION OF A VISITOR INFORMATION FACILITY WITHIN SPACE
LOCATED AT THE CITY'S VISITOR INFORMATION CENTER AT 2901 NORTH PALM
CANYON DRIVE
RECOMMENDATION:
It is recommended that the City Council approve the Lease with the Agua
Caliente Band of Cahuilla Indians for space within the Palm Springs Visitor
Information Center located at 2901 North Palm Canyon Drive, a City-owned
facility, to operate a visitor information facility to promote the Agua Caliente
Cultural Museum, Indian Canyons, Tahquitz Canyon and Spa Casino.
SUMMARY:
The approval of this lease will provide space for the operation by the Agua
Caliente Band of Cahuilla Indians of a visitor information facility, including an
information counter and limited display space, within the City's new Visitor
Information Center to promote the Agua Caliente Museum, Indian Canyons,
Tahquitz Canyon and Spa Casino. This operation would be similar to the
program run by the Tribe in the current Visitor Information Center building located
at 2781 North Palm Canyon Drive. The new lease provides for a monthly rental
of $1,000 per month for a period of up to approximately 4 years and 9 months
beginning upon occupancy and expiring on June 30, 2008, unless terminated
earlier by either party. In addition to the counter and display areas provided, the
Tribe would have non-exclusive use of certain common areas devoted to public
parking, public & employee restrooms, and an employee break area within the
Visitor Center premises.
BACKGROUND:
In September 1997 a Sublease was entered into by and between the City of
Palm Springs and the Agua Caliente Band of Cahuilla Indians for space in the
City's Visitor Information Center located at 2781 North Palm Canyon Drive for the
purpose of promoting the Agua Caliente Cultural Museum, the Indian Canyons
and the Spa Casino. The initial term of the Sublease was for one year which was
subsequently amended providing for an extension of an additional 4 years
allowing for the Sublease to be coterminous with the previously existing lease
between the City and the owner of the building in which the current Visitor
Information Center is located.
That lease was previously scheduled to terminate on October 31, 2002 and was
subsequently extended for one additional year to allow time for the City's
transition to its new Visitor Information Center to be located at the former
Tramway Gas Station building at 2901 North Palm Canyon Drive. The City, and
the Tribe as its subtenant, have remained in the current facility on a month-to-
month basis following the October 31, 2003 expiration of the current lease. Per
the terms of the lease, official notice was provided to the building's owner of the
City's intent to vacate on or before November 30 of this year. '31�
The current rental rate for the Tribe's occupancy of its existing space is $1,416
per month for approximately 885 square feet of space (or$1.60 per square foot).
An important distinction between the current space and that to be occupied by
the Tribe in the new Visitor Center is that the current space is a well-defined
space that, with the exception of a common parking lot, is virtually self-contained
and separate from the space utilized by the City's Tourism staff. In the new
facility, the parking lot, public and employee restrooms and employee break room
will be shared on a non-exclusive basis between Tourism and the Tribe. In
addition, the interior space of the new building is significantly smaller than the
current facility and, as a result, both Tourism and the Tribe will have significantly
less space dedicated to their individual exclusive use.
City staffs goal in the current lease negotiations was to maintain the current level
of rent from the Tribe at the new facility under the justification that the costs
incurred by the City in purchasing and renovating the new Visitor information
Center warranted a significantly higher rental rate on a square footage basis.
The analysis supporting this position is complicated by the previously described
"shared use"of many facilities in the new premises.
The City's total acquisition and remodeling costs for the new Visitor Center is
approximately $1.2 million. Assuming a desired ten-year "pay back period", the
calculated rental rate for the main building and use of the newly constructed
restroom facility, a combined space of approximately 2,600 square feet, would
equal approximately $3.85 per square foot per month, if the space could be
rented on an exclusive use basis. However, the configuration of the new floor
plan and separate restroom facility requires that an adjustment be made to reflect
the shared use of the common areas by the Tribe and Tourism staffs.
The Tribe will have exclusive use of approximately 175 square feet of space
which would warrant a rental rate of approximately $675 per month before
factoring in the shared use of the common areas. Since the Tribe's percentage
of the total building area devoted to exclusive use is approximately 10%, a rental
adjustment factor equal to 10% of the common area spaces of approximately 850
square feet at$3.85 per square foot per month would equal $325. Therefore, the
total rental rate for the combined exclusive and common area spaces will be
$1,000 per month.
J HN S. OYMONV
Di ector Community&--E�coonomic Development
APPRRVED�
City Manager
ATTACHMENTS:
1. Lease Agreement
2. Minute Order
DRAFT
11/3/2003
LEASE
By and Between
CITY OF PALM SPRINGS
and
AGUA CALIENTE BAND OF CAHUILLA INDIANS
143
1003/001/27273 v2 1
TABLE OF CONTENTS
Page
1. Tenant Premises....................................................................................................1
2. Term......................................................................................................................1
3. Rent.......................................................................................................................1
4. Real Property Taxes...............................................................................:..............1
5. Use of Tenant Premises. .......................................................................................2
6. Tenant' s Address for Notices...............................................................................2
7. Early Termination.................................................................................................2
8. Holding Over. .......................................................................................................2
9. Utilities..................................................................................................................2
10. Compliance with Laws. ........................................................................................2
11. Signs......................................................................................................................2
12. Rules and Regulations...........................................................................................3
13. Parking and Public Common Areas......................................................................3
14. Alterations and Fixtures........................................................................................3
17. Free From Liens....................................................................................................4
18. Insurance Provided by City...................................................................................4
19. Insurance Provided by Tenant. .............................................................................4
22. Default.......................................................................................... ........................5
23. Condemnation...................................................................................................................5
24. Entry and Inspection. ............................................................................................5
25. Jurisdiction and Venue..........................................................................................5
26. Partial Invalidity....................................................................................................6
27. Successors in Interest............................................................................................6
28. Sole Agreement.....................................................................................................6
i
1003/001/27273.02
TABLE OF CONTENTS (cont.)
Page
29. Authority...............................................................................................................6
30. Nondiscrimination.................................................................................................6
31. Notices. .................................................................................................................6
32. Waiver...................................................................................................................6
33. Exhibits and Addenda...........................................................................................7
34. Choice of Law.......................................................................................................7
35. Waiver of Sovereign Immunity............................................................................7
EXHIBIT A—VISITOR CENTER PREMISES
EXHIBIT B—TENANT PREMISES, INTERIOR PRIVATE COMMON AREAS
AND INTERIOR PUBLIC COMMON AREAS
EXHIBIT C—OPERATING GUIDELINES
EXHIBIT D—RULES AND REGULATIONS
ii
1003/001/27273.02
DRAFT
10/23/03
LEASE
THIS LEASE ("Lease") is made and entered into this_ day of 2003,
by and between the CITY OF PALM SPRINGS, a California municipal corporation ("City"),
and the AGUA CALIENTE BAND OF CAHUILLA INDIANS, ("Tenant").
1. Tenant Premises. The City will operate a Visitor Center located on City-owned
property commonly known as 2901 N. Palm Canyon Drive in Palm Springs, California, and as
shown on Exhibit A attached hereto ("Visitor Center Premises"). The "Tenant Premises" shall
refer to the interior building space as identified on the Plot Plan attached hereto as Exhibit B.
Tenant shall also have access to an additional portion of the main building's interior space as
shown on Exhibit B and identified as the "Interior Private Common Areas" which includes an
employee break room and restroom which shall be available for use by Tenant on a non-
exclusive basis during normal operating hours. Other portions of the Visitor Center Premises
operated by the City include portions of the main building's interior space as shown on Exhibit B
and identified as the "Interior Public Common Areas", as well as the parking lot, a separate
restroom building, sidewalks and other exterior areas of general access which shall be open to
the general public during normal business operations, such areas to be known collectively as the
"Parking and Public Common Areas". The Parking and Public Common Areas will be
nonexclusive in their use by Tenant's employees and guests when accessing the Tenant Premises
and other public areas of the Visitor Center Premises.
2. Term. The initial term of this Lease shall commence after November 14, 2003
when Tenant actually takes possession of the Tenant Premises ("Commencement Date") and
shall end on June 30, 2008, unless earlier terminated. This Lease shall not become effective until
approved by Tenant and the City, as evidenced by a resolution adopted by the City Council.
3. Rent. Tenant shall pay City $1,000 ("Rent") per month as a monthly rental fee
for its use of the Tenant Premises and the non-exclusive use of the Interior Private Common
Areas and the Parking and Public Common Areas, the Rent represents the fair rental value of
these areas. The Rent shall be paid in advance on a pro-rated monthly basis on the
Commencement Date and in full on the first day of each calendar month thereafter. The Parties
agree that Rent shall be adjusted every third anniversary of the Commencement Date by the
percentage change in the Consumer Price Index for Los Angeles and Riverside County ("CPI")
published for the month that is three (3) months preceding the adjustment date. In addition to
this adjustment, at any time that Tenant exercises an option to extend the term, if any, the Tenant
Premises shall be appraised to establish the current fair rental value, which amount shall be
adopted as the Rent, subject to increases every three years as set forth in this Section.
4. Real Property Taxes. In addition to Rent, Tenant shall pay any and all annual real
estate taxes and assessments levied upon the Tenant 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. Such amount shall be paid on the date that is
twenty (20) days prior to the delinquent date or, if City receives the tax bill, ten (10) days after
Tenant's receipt of a copy of the tax bill from City, whichever is later.
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5. Use of Tenant Premises. Tenant may use the Tenant Premises to operate a visitor
information facility to promote the Agua Caliente Cultural Museum, Indian Canyons, Tahquitz
Canyon and Spa Casino.
6. Tenant' s Address for Notices.
Agua Caliente Band of Cahuilla Indians
Attn. Tim Taylor, Chief Operating Officer
600 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Telephone: 760.325.3400
With a copy to:
Art Bunce
430 N. Cedar Street, Suite H
Escondido, CA 92025
Telephone: 760,489-0329
7. Early Termination. Either party may terminate this Lease by giving written notice
to the other party ninety(90) days prior to the date of termination.
S. Holding Over. Any holding over after the expiration of the term of this Lease,
with the consent of City, 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.
9. Utilities. City shall provide utility services for water, gas, electricity, sewer
(when applicable) and trash removal for the Visitor Center Premises during the term of this
Lease. Tenant shall be responsible for, at its sole cost and expense, all other utilities to the
Tenant Premises, including but not limited to telephone, cable, and Internet connection charges,
if applicable, which shall be charged in the name of Tenant.
10. Compliance with Laws. Tenant shall comply with all of the requirements of all
municipal, state and federal authorities now in force or which may hereafter be in force
pertaining to the use of the Tenant Premises, and shall faithfully observe in said use all municipal
ordinances, as well as the covenants, conditions and restrictions contained in this Lease now in
force or which shall hereinafter be in force. Tenant's violation of law shall constitute an
incurable default under this Lease.
11. Signs. Tenant shall not place or permit to be placed any sign that is not in
compliance with the City's Municipal Code and the Rules and Regulations incorporated into this
Lease upon the exterior or in the windows of the Visitor Center Premises. Any sign not
constructed in accordance therewith shall be immediately removed by Tenant. If a
nonconforming sign is not removed by Tenant within ten (10) days of written notice from City to
Tenant, then City may remove and destroy said sign without Tenant's approval.
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12. Rules and Regulations. Tenant shall observe and comply with the rules and
regulations that City shall from time to time promulgate and/or modify. The current rules and
regulations are attached hereto as Exhibit D ("Rules and Regulations"). 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.
13. Parking and Public Common Areas. The term "Parking and Public Common
Areas" as used herein shall mean those portions of the Visitor Center Premises shown on Exhibit
B and established by City as vehicular parking areas, roadways, walkways, landscaped areas,
service areas and the like. During the term of this Lease and any extension thereof, City gives to
Tenant for the use and benefit of Tenant, its agents, employees, customers, licensees and
subtenant's a non-exclusive license in common with City and other present and future owners
and tenants of the Property and their agents, employees, customers, licensees and subtenants, and
others authorized by City to use the Parking and Public Common Areas of the Visitor Center
Premises for ingress, egress and vehicular parking, provided that the condemnation or other
taking by any public authority, or sale in lieu of condemnation, of any or all of such parking and
public common areas shall not constitute a violation of this covenant. Nothing herein contained
shall be deemed to prevent City from using or authorizing others to use said Parking and Public
Common Areas.
14. Alterations and Fixtures. Tenant shall not make, or suffer to be made, any
alterations to the Tenant Premises or Visitor Center Premises, or any part thereof, without the
prior written consent of City, and any alterations to the Tenant Premises or Visitor Center
Premises, except movable furniture and trade fixtures installed by Tenant, shall become at once a
part of the realty and shall at the expiration or earlier termination of this Lease belong to City.
Tenant shall not make any changes to the exterior of the Visitor Center Premises. Any
alterations to the Tenant Premises shall be in conformance with the requirements of all
municipal, state, federal, and other governmental authorities, including requirements pertaining
to the health, welfare or safety of employees or the public and in conformance with reasonable
rules and regulations of City. City may require that any such alterations be removed at or after
the expiration of the term hereof. Any removal of alterations or furniture and trade fixtures 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 Tenant Premises
can be surrendered in a good, clean and sanitary condition as required by Section 15 hereof.
15. Maintenance In General. Tenant shall, subject to City's obligations hereunder, at
all times during the term hereof, and at Tenant's sole cost and expense, keep, maintain and repair
the Tenant Premises, and other improvements within the Tenant Premises in good and sanitary
order, condition, and repair(except as hereinafter provided). Tenant shall also, at its sole cost
and expense, be responsible for any alterations or improvements to the Tenant Premises which
Tenant believes are necessary or are necessary as a result of the requirement of any municipal,
state or federal authority. All improvements must be approved by City in writing before
installation. Tenant hereby waives all right to make repairs at the expense of City, and Tenant
hereby waives all rights provided for by the Civil Code of the State of California to make said
repairs. By entering into the Tenant Premises, Tenant shall be deemed to have accepted the
Tenant 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 surrender the Tenant Premises
" ? ,4.8
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DRAFT
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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.
16. Maintenance and Repair of Visitors Center Premises and Parking and Public
Common Areas. City shall keep the Visitor Center Premises, including the Parking and Public
Common Areas, in a good, neat, clean and orderly condition, including without limitation, the
exterior walls and roofs of all buildings included within the Visitor Center Premises.
17. Free From Liens. Tenant shall keep the Tenant Premises, the building containing
the Tenant Premises, and the property on which the Tenant Premises are situated 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.
18. Insurance Provided by City. City shall maintain fire and extended coverage
insurance throughout the term of this Lease together with such other insurance, coverages and
endorsements as City may determine in its sole discretion. Tenant hereby waives any right of
recovery from City, its officers and employees, and City hereby waives any right of loss or
damage (including consequential loss) resulting from any of the perils insured against as a result
of said insurance.
19. Insurance Provided by Tenant.
(a) Tenant to Provide Personal Property Insurance. During the entire
term of this Lease, Tenant shall, at its sole cost and expense, maintain fire and extended coverage
insurance written on a per occurrence basis on its trade fixtures, equipment, personal property
and inventory within the Tenant Premises from loss or damage to the extent of their full
replacement value.
(b) Comprehensive general liability insurance, including, but not
limited to, owned and non-owned vehicle liability, personal injury, blanket contractual, broad
form property damage, and product/completed operations liability coverage shall be on a per
occurrence basis and shall have limits of not less than $1,000,000.00 (one million dollars)
combined single limit per occurrence for bodily injury, personal injury and property damage
liability.
(c) Tenant to Provide Worker's Compensation Insurance. If
applicable, 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 City 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 Visitor Center Premises.
(d) General Provisions Applicable to Tenant's Insurance. All of the
policies of insurance required to be procured by Tenant pursuant to this Section 6.2 shall be
primary insurance and shall name the City, its officers, employees and agents as additional
insureds. The insurers shall waive all rights of contribution they may have against the City, its
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officers, employees and agents and their respective insurers. All of said policies of insurance
shall provide that said insurance may not be amended or cancelled without providing 30 days
prior written notice by registered mail to the City. Prior to the Commencement Date or such
earlier date as Tenant takes possession of the Tenant Premises for any purpose; and at least 30
days prior to the expiration of any insurance policy, Tenant shall provide City with certificates of
insurance or appropriate insurance binders evidencing the above insurance coverages written by
insurance companies acceptable to City, licensed to do business in the state where the Tenant
Premises are located and rated A:VII or better by Bests Insurance Guide.
20. Indemnification of City. Tenant hereby waives all claims against City for damage
to equipment or other personal property, in, upon, or about the Tenant Premises and for injuries
to persons in or about the Tenant Premises, from any cause relating to the activities and use of
the Tenant Premises by Tenant, its officers, agents, employees and invitees. Tenant agrees to
indemnify City, its officers, agents, and employees against, and shall hold and save them and
each of them harmless from any and all claims or liabilities that may be asserted or claimed by
any persons, firm, or entity arising out of or in connection with the negligent acts or omissions of
Tenant, its agents, employees, subcontractors, or invitees, provided for herein, or arising from
the use of the Tenant Premises, or arising from the failure of Tenant to keep the Tenant Premises
in good condition and repair, or arising from Tenant's negligent performance of or failure to
perform any term of this Lease.
21. Assi2mnent and Subletting. Tenant shall not assign this Lease or sublet the
Tenant Premises, or any interest therein, without the prior written consent of City, which consent
shall not be unreasonably withheld.
22. Default. Notwithstanding any of the foregoing, the breach of this Lease by
Tenant, or an abandonment of the Tenant Premises by Tenant, shall not constitute a termination
of this Lease, or of Tenant's right of possession hereunder, unless and until City elects to do so,
and until such time City 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 City to terminate this Lease shall not prevent City
from later terminating this Lease or constitute a waiver of City's right to do so.
23. Condemnation. In the event a condemnation or a transfer in lieu thereof results in
a taking of any portion of the Tenant Premises, City shall be entitled to the entire award,
including, but not limited to, the compensation damages and interest, if any.
24. Entry and Inspection. Tenant shall permit City and its agents to enter into and
upon the Tenant Premises at all reasonable times for the purpose of inspecting the same or for
the purpose of maintaining the Visitor Center.
25. 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.
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26. 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,
27. 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.
28. Sole Agreement. This Lease contains the entire understanding between the
parties as to the specific subject matter hereof.
29. Authority. The persons executing this Lease on behalf of the parties hereto
warrant that: (i) such party is duly organized and existing, (ii) they are duly authorized to execute
and deliver this Lease on behalf of said party, (iii) by so executing this Lease, such party is
formally bound to the provisions of this Lease, and (iv) entering into this Lease does not violate
any provisions of any other agreement to which said party is bound. The rights and obligations
of Tenant shall inure to and be binding upon all heirs, successors and assignees.
30. Nondiscrimination. Tenant herein covenants by and for itself, its heirs, executors,
administrators and assigns and all persons claiming under or through 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 enjoyment of the Tenant 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 Tenant Premises.
31. 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 City, to City of Palm Springs, P.O. Box 2743, Palm Springs, California, 92263,
Attn: City Manager, and if to Tenant, as specified in Section 1.5. Either party 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.
32. Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting 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 concerting the same or any other provision of this Lease.
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1003/001/27273 v2 6
33. 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 terms and provisions of
the Addenda shall prevail.
34. Choice of Law. This Lease is to be construed in accordance with the laws of the
State of California.
35. Waiver of Sovereign Immtuvty. Except as stated herein, the Tenant does not
waive, limit, or alter its tribal sovereign immunity from unconsented suit or other proceedings.
The Tenant hereby does waive its tribal sovereign immunity from unconsented suit by only the
City, and by no other party whatsoever, if the City seeks, in a court of competent jurisdiction
located in Riverside County, California, (1) injunctive relief to compel the Tenant to comply
with the specific duties of the City which the Tenant has expressly undertaken in this Agreement,
or (2) monetary damages for breach of the specific payment obligations undertaken by the
Tenant toward the City in this Lease, with such relief limited to the amounts which the Tenant
has expressly promised to pay to the City in this Lease. As a pre-condition to any such suit,the
City must first attempt an informal resolution of any such dispute regarding the Tenant's
performance of its express obligations under this Lease by (1) presenting to the Tenant, in the
manner specified regarding notices herein,a simple and concise written statement of the specific
obligations of the Tenant under this Lease that the City believes that Tenant has not fulfilled,and
(2) meeting in person with authorized representatives of the Tenant within thirty days of the
Tenant's receipt of such notice to discuss the City's claim. This meeting will be excused if the
Tenant does not make its representatives reasonabIy available during such 30-day period after
receipt of such a notice of an in-person meeting.
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 fast above written in
Palm Springs,California,
ATTEST: "CITY"
CITY OF PALM SPRINGS,a
municipal corporation
By: By:
City Clerk City Manager
REVIEWED AND APPROVED
ALESHIRE&WYNDER,LLP
By:
'CiV XMm0A,(_,)`
10031001/27273 v2 7
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10/23/03
33. 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 terms and provisions of
the Addenda shall prevail.
34. Choice of Law. This Lease is to be construed in accordance with the laws of the
State of California.
35. Waiver of Sovereign Immunity, Except as stated herein, the Tenant does not
waive, limit, or alter its tribal sovereign immunity from unconsented suit or other proceedings.
The Tenant hereby does waive its tribal sovereign immunity from unconsented suit by only the
City, and by no other party whatsoever, if the City seeks, in a court of competent jurisdiction
located in Riverside County, California, (1) injunctive relief to compel the Tenant to comply
with the specific duties of the City which the Tenant has expressly undertaken in this Agreement,
or (2) monetary damages for breach of the specific payment obligations undertaken by the
Tenant toward the City in this Lease, with such relief limited to the amounts which the Tenant
has expressly promised to pay to the City in this Lease. As a pre-condition to any such suit, the
City must first attempt an informal resolution of any such dispute regarding the Tenant's
performance of its express obligations under this Lease by (1) presenting to the Tenant, in the
manner specified regarding notices herein, a simple and concise written statement of the specific
obligations of the Tenant under this Lease that the City believes that Tenant has not fulfilled, and
(2) meeting in person with authorized representatives of the Tenant within thirty days of the
Tenant's receipt of such notice to discuss the City's claim. This meeting will be excused if the
Tenant does not make its representatives reasonably available during such 30-day period after
receipt of such a notice of an in-person meeting.
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"
CITY OF PALM SPRINGS, a
municipal corporation
By: By:
City Clerk City Manager
REVIEWED AND APPROVED
ALESHIRE & WYNDER, LLP
By:
City Attorney
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I0/23/03
"TENANT"
AGUA CALIENTE BAND OF
CAHUILLA INDIANS
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Exhibit B
1 -Tenant Premises
2 - Interior Private Common Areas
3 - Interior Public Common Areas
DRAFT
10/23/03
EXHIBIT "C"
OPERATING GUIDELINES
Palm Springs Official Visitors Information
Reservation Center
2901 North Palm Canyon Drive
OPERATING GUIDELINES
The Palm Springs Bureau of Tourism operates the Palm Springs Official Visitors Information/
Reservation Center and the Uptown Visitors Center. We are here to help promote tourism in Palm
Springs by assisting visitors with hotel accommodations and informing them of our many activities. Our
Visitor Centers have a professional, dedicated staff with extensive knowledge of Palm Springs to help
visitors with their specific needs, so they can enjoy their stay in Palm Springs.
If the visitor is made aware of activities, shopping, restaurants, attractions and events,
their stay in Palm Springs will be lengthened and more money will be spent in the local
economy. Insofar as possible, this will be limited to Palm Springs businesses, activities and
events.
A) GENERAL
1. The primary operation at the Visitor Centers is the Hotel Reservation/Online Service. In addition,
the Visitor Centers provide information to the visitor through the brochure racks, the wall
advertising, and personal contact. The guidelines governing the provision of these services are
described below.
2. Staff members will only sell hotel rooms of properties under contract to the Visitor Centers. Any
person asking for a specific hotel not in the system will be referred directly to that hotel. This
applies to both walk-ins, clients calling on the"800"number, and the online reservation service.
3. Daily local newspapers can be sold at the Visitor Centers. Any other publication wishing to be
distributed at the Centers must adhere to the same guidelines prescribed for the Palm Springs
Visitor's Guide.
4. Except as specifically provided herein, the services of the Visitor Centers are only available to
Palm Springs hotels, businesses and organizations. Their property and business must be
established in Palm Springs (out of town branches are permitted) and they must possess a valid
Palm Springs business license. In the case of condominium, Rent firms and recreation vehicle
parks, they must pay Transient Occupancy Taxes to the City and agree that any referrals made to
them by the Visitor Centers will be booked only into Palm Springs properties.
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5. No time-share firms or brokers selling time-share are permitted.
6. Window posters are not allowed to be displayed at the Visitor Centers,
B) BROCHURE RACK DISPLAYS
1. The Visitor Centers maintains two brochure racks, one for hotels and one for other businesses.
2. Except as specifically provided herein, brochures must contain information only on Palm Springs
properties.
3. All brochures must stand at least 8 % x 11"high in the rack. They must be designed so that they
do not bend over and must be printed on paper stock stiff enough to stand alone, upright in the
rack.
4. If a hotel wishes to offer a discounted or package rate, 12.5%commission should be built in.
5. Brochures may be distributed for national events from behind the counter, once approved.
6. If your brochure, printed material, or wall display contains nudity, all private parts should be
covered up with a sticker.
7. Fees and charges for brochures are as follow: (Per month)
Brochure Charge
a. Hotels, condominium rental firms,RV Parks Free
b. Second Hotel brochures $50.
c. Restaurant (if it participates in menu display) Free
d. Real estate license business (one per office) $50.
e. Business $50.
f. City of Palm Springs owned attraction or event Free
g. City sanctioned events Free
h. Non-City sanctioned events $50.
(No more than 3 months)but waived if pay for wall display
C) WALL DISPLAYS (Only at the Visitors Center located at 2901 N.Palm Canyon Drive)
1. Fees and charges,far wall display spaces are as follows: (Per month)
Display Charge
a. Hotels, condominium rental firms, RV Parks $60.
b. City owned attraction or event Free
c. City sanctioned event Free
d. Non-City owned attraction $120.
e. Non-City sanctioned event within or outside $120.
of City(no more than 3 months prior)
f. Restaurant wall display $75.
D) ATTRACTIONS OR EVENTS OUTSIDE OF CITY
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1. Attractions and events are activities, which will entice visitors to stay in a Palm Springs hotel or
lengthen their stay and may be outside the city limits of Palm Springs.
2. An attraction is located at a permanent location and is distinguished from an event, which is an
activity of temporary duration. Examples of events outside the City include the Indio Date
Festival and the Bob Hope Chrysler Classic. Examples of attractions outside the City include the
Living Desert Museum, McCallum Theater and the Boomers Amusement Park. (Attractions not
only include entertainment and recreational venues but also could include unique features of
interest to Palm Spring visitors).
3. Brochures are permitted in accordance with the fee schedules in Schedule B7 above.
4. Wall displays are permitted for attractions or events outside of the City of Palm Springs in
accordance with the fee schedule in Section Cl above.
5. Palm Springs businesses shall always have priority over attractions outside of the City in the
assignment of space.
E) RATES AND CHARGES
1. All businesses must make the Visitor Centers aware of their rate structure and we encourage
that the hotel does not offer a lower rate than the current rates being offered through the
Visitor Centers. For all rooms booked through the Reservation/Online System, the hotel
agrees to pay Palm Springs Bureau of Tourism a 12.5% commission of the gross reservation
revenue. For whatever reason if the hotel decides to discount the rate submitted to the Visitor
Centers,the hotel is obligated to pay commission on the rate originally booked.
2. Restaurants may participate in the wall display menu at$75.00 per month at the Palm Springs
Official Visitors Center. This rate includes your brochures.
3. A non-profit and/or governmental operated attraction will receive a 50% discount off the
regular price for the brochure or wall display.
4. Palm Springs Bureau of Tourism may adjust the rates and charges established herein at any
time without prior notice.
F) INTERPRETATION, APPEALS
1. Any displays and/or brochures may be rejected because of the violation of any element of these
guidelines. Palm Springs Bureau of Tourism retains the right to interpret and enforce guidelines.
All matters of interpretation and administration of these guidelines shall be vested initially by
each manager of the Visitor Centers.
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EXHIBIT "D"
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 the City.
2. The delivery or shipping of merchandise, supplies and fixtures to and from the
Tenant Premises shall be subject to such rules and regulations as in the reasonable judgment of
City are necessary for the proper operation of the Tenant Premises or of the Visitor Center
Premises generally.
3. All of Tenant's refuse and rubbish shall be removed on a daily basis to central
trash bins located in the Visitor Center Premises.
4. No audible radio, television, loudspeakers, stereos or other similar devices shall
be installed or used in a manner so as to be heard or seen either inside or outside the main
building of the Visitor Center Premises without obtaining in each instance the written consent of
the City. No aerial, satellite dish, or other similar devices shall be erected on the roof of any
building, exterior walls or on the grounds of the Visitor Center Premises without first obtaining
in each instance the written consent of City. Any such devices so installed without such written
consent shall be subject to removal without notice at any time.
5. In cooperation with other Visitor Center staff, the outside sidewalks and loading
areas of the Visitor Center Premises shall be kept clean and free from dirt and rubbish by Tenant
to the reasonable satisfaction of City, 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.
6. Tenant shall not burn any trash or garbage of any kind in or about the Visitor
Center Premises.
7. Tenant will not allow animals, except seeing-eye dogs, in, about or upon the
Tenant Premises.
8. Tenant shall not use, and shall not allow anyone else to use, the Visitor Center
Premises as a habitation. Such prohibition shall include, without limitation, sleeping, eating or
bathing.
9. Tenant shall not place any rubbish or other matter outside any building within the
Visitor Center Premises, except in such containers as are authorized from time to time by City.
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1003/001/27273 02
MINUTE ORDER NO.
APPROVING THE LEASE BY AND BETWEEN THE CITY OF
PALM SPRINGS AND THE AGUA CALIENTE BAND OF
CAHUILLA INDIANS FOR THE OPERATION OF A VISITOR
INFORMATION FACILITY WITHIN SPACE LOCATED AT THE
CITY'S VISITOR INFORMATION CENTER AT 2901 NORTH
PALM CANYON DRIVE, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY
I HEREBY CERTIFY that this Minute Order, approving the Lease by and between the
City of Palm Springs and the Agua Caliente Band of Cahuilla Indians for the operation of a
visitor information facility within space located at the City's Visitor Information Center at 2901
North Palm Canyon Drive, in a form acceptable to the City Attorney, was adopted by the City
Council of the City of Palm Springs, California in a meeting thereof held on the 19'h day of
November 2003.
PATRICIA A. SANDERS
City Clerk