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HomeMy WebLinkAbout00437C - WESSMAN - PLAZA THEATER COURTYARD SIGNAGE - PERFORMING ARTS - RIFF MARKOWITZ Historic Plaza TheaterAgreements A0437c with Wessman Family Trust For the lease of the Courtyard, Alley and Trash area (subleased to PFPA see A0467c) Term: thru 2004 with 14 extensions through May 30, 2018. Notice of each extension shall be made 120 days prior to expiration. A0467c with Partnership for the Performing Arts (PFPA) For the lease of the theater and sublease of the Courtyard, Alley and Trash area Term: thru 2004 with 14 extensions through May 30, 2018. Notice of each extension shall be made 120 days prior to expiration. A4410 with The Plaza Investment Company For the lease of alley behind theater (subleased to PFPA see A0467c) Term: thru 2004 with 14 extensions through May 30, 2018. Notice of each extension shall be made 120 days prior to expiration. Summary 1. Theater is Agency/City owned and leased to PFPA 2. Courtyard, Alley and Trash area leased from Wessman and subleased to PFPA 3. Alley behind Theater leased from Plaza Investment and subleased to PFPA Historic Plaza Theater Summary ofAgreements A04376 A0467c A4410 �OF P A L M SA4 City of Palm Springs c u` `^ Community and Economic Development Department * 3200 E-Tahyuirz Canyon Way • Palm Springs, California 92262 TEL (760) 323-8259 • FAX(760)32'-8325 • TDD 060)8644-951- C �Q' Cam munin•Red eve lapmunc d,pcacy ' C=muniry Develonmrnr Blau k Gruen m fQR Downunvn D,,,L,penr Economic D,,,h,paienr• Hnasing PrrhLcAr, January 3, 2017 Via Certified Mail Mr.John Wessman,Trustee Wessman Family Trust 555 So. Sunrise Way Palm Springs, CA 92264 Dear Mr. Wessman: It is the intent of this correspondence to notify you that, pursuant to the Lease Agreement dated July 30, 2003, between the Community Redevelopment Agency and Wessman Family Trust, the Successor Agency to the Community Redevelopment Agency wishes to exercise an option to extend the term of its Lease of the Courtyard and Trash Area sites for an additional year, commencing June 1, 2017. Thank you for your consideration of our request. Please don't hesitate to contact me if you have any questions or need to discuss this matter further. Sincerely, Diana R. Shay, Redevelopment Coordinator Community & Economic Development cc: David H. Ready, Esq., Ph.D., City Manager Marcus L. Fuller, MPA, P.E., P.L.S.,Assistant City Manager/City Engineer Douglas C. Holland, Esq., City Attorney Kathleen D. Hart, Interim City Clerk Jeff Kiehl, Director of Finance Post Office Box 2743 0 Palm Springs, California 92263-2743 O*QgA� hpLMCity of Palm Springs Community and Economic Development Department * * 3200 E.Tahquicz Canyon Vay • Palm Springs,California 92262 �oOAooen,Fo TEL:(760)323-8259 • FAX(760)3-12-8325 • TDD(760)864-9527 Community Rede,,l.... Agency • Cuvununiry D...lupmcs,Block Gran, F004 Douamm n De,,Iopm,,u EconomicD,,elopmenr•I I..using • Pubt,,A,r March 30, 2016 `C � ��� Via Certified Mail Mr.John Wessman,Trustee Wessman Family Trust ca n a, 555 So.Sunrise Way Palm Springs, CA 92264 5 -nm oIC-4 to :;rn Dear Mr. Wessman: '—ram rM x" vb It is the intent of this correspondence to notify you that, pursuant to hAeasv Agreement dated July 30, 2003, between the Community Redevelopment Agencq arg Wessman Family Trust, the Successor Agency to the Community Redevelopment Agency wishLrs to exercise an option to extend the term of its Lease of the Courtyard and Trash Area sites for an additional year, commencing June 1, 2016. Thank you for your consideration of our request. Please don't hesitate to contact me if you have any questions or need to discuss this matter further. Sincerely, Lauri Aylaian, Director Community & Economic Development DS/pjs cc: David H. Ready, Esq., Ph.D., City Manager Douglas C. Holland, Esq., City Attorney James Thompson, City Clerk ✓ Jeff Kiehl, Director of Finance Diana Shay, Redevelopment Coordinator Post Office Box 2743 0 Palm Springs, California 92263-2743 �O�pALMSA� c City of Palm Springs " Community and Economic Development Department + x 3200 E.T-ahgmiz Canyon Way • Palm Springs.Cali[umia 92262 e �'co p o5 TEL:(760)323-8259 • FAX(760)322-8325 • TDD(760)s6i )52- C 'P ORpl E01 �P Commump Aedevelopnun dgrnn Commmun•Ucvelopmene Rlock Gram q�IFOR Housing • Public Art March 30, 2016 Via Certified Mail o 4 0 � Os 4 Laurence Pitts, President 3n3 g! o� Plaza Investment Company, Inc. M �o "M v 115 South Indian Canyon Drive nz nn Palm Springs, CA 92262 ro M� s Nm Dear Mr. Pitts: x Z It is the intent of this correspondence to notify you that, pursuant to the Leas€ Agreement dated July 30, 2003, between the Community Redevelopment Agency and Plaza Investment Company, the Successor Agency to the Community Redevelopment Agency wishes to exercise an option to extend the term of its Lease of the Alleyway site for an additional year, commencing June 1, 2016. Thank you for your consideration of our request. Please don't hesitate to contact me if you have any questions or need to discuss this matter further. Sincerely, Lauri Aylaian, Director Community& Economic Development DS/pjs cc: David H. Ready, Esq., Ph.D., City Manager Douglas C. Holland, Esq., City Attorney James Thompson, City Clerk ✓ Jeff Kiehl, Director of Finance Diana Shay, Redevelopment Coordinator Post Office Box 2743 • Palm Springs, California 92263-2743 PVJ LVA A� 61� �O�PALMSp� f�`�Y17 _� z City of Palm Springs Community and Economic Development Department ` 3200 E.TaInquirz Canyon Way • Palm Springs,California 92262 * q"nogyoRprEo TEL:(760)323-8259 • FAX(760)322-8325 • TDD(760)864-9527 Cq� ent Block Grcuu 1 0 jRt P CDownRown Dedvelop n nt• Erosomic De elopin",cy @ Community vHousn - Public An, P E s • February 6, 2013 The Partnership for the Performing Arts 125 East Tahquitz Canyon Way Suite 209 - T Palm Springs, CA 92262 '= Attention: Riff Markowitz, President T_ g RE: Palm Springs Follies (Partnership for the Performing Arts) Plaza Theater Lease Extension June1, 2013 through May 31, 2014 0 Dear Mr. Markowitz: The City of Palm Springs acknowledges receipt of your letter dated January 3, 2013 exercising your option to extend the lease of the Plaza Theatre, Alley and Courtyard lease for the period June 1, 2013 through May 31, 2014. Please find attached confirmation of the extensions of the Alley, Courtyard and Trash area leases between Plaza Investment Company; Inc. (Pitts), The Wessman Family Trust, and the City of Palm Springs per your request. Sincerely, 4ohnRatmoirlec?torofommunity and Economic Development Cc: David H. Ready, Esq., Ph. D., City Manager Tom Wilson, Assistant City Manager Douglas C. Holland, Esq. games-lhopqmw, City Clerk Jeff Kiehl, Director of Finance Diana Shay, Redevelopment Coordinator Post Office Box 2743 • Palm Springs, California 92263-2743 U.S.Postal Service CERTIFIFn AAAG only;` -(Dotnevic Mail c. Postage $ ty of Palm Springs - Certified Fee nmunity and Economic Development Department 3200 E.Taliquitz Canyon Way • Palm Springs,California 92262 3 Retum fleoePt Fee P He. TEL:(760)323-8259 • FAX(760)322-8325 • TDD(760)864-9527 � I>-tWarsement Requvert) llrae Restricted Delivery Fee Community Redevelopment Agency• Community Development Block Grant 7 (Endorsement Require[!) Downtown Development• Economic Development • Housing • Public Art t Tatal Postage&Fees -('Z-l3 • sent To t Zf f5 Street,APL No-; I or P08or No. 11 l --`s----------�----------- — - - Via Certified & U.S. Mail Olty State,ZIPF 4 -- - - ---- .tr •t Laurence Pitts, President Plaza investment Company, Inc. 115 South Indian Canyon Drive Palm Springs, CA 92262 Dear Mr. Pitts: It is the intent of this correspondence to notify you that, pursuant to the Lease Agreement dated July 30, 2003, between the Community Redevelopment Agency and Plaza Investment Company, the Successor Agency to the Community Redevelopment Agency wishes to exercise an option to extend the term of its Lease of the Alleyway site for an additional year, commencing June 1, 2013. Thank you for your consideration of our request. Please don't hesitate to contact me_ if you have any questions or need to discuss this matter further. Sincerely, v� 7oh S. R mon Director Co ity& Economic Development JSR/pjs cc: David H. Ready, Esq., Ph.D., City Manager ^ Tom Wilson,Assistant City Manager Douglas C. Holland, Esq., City Attorney Riff Markowitz, Partnership for the Performing Arts, LLP James Thompson, City Clerk Jeff Kiehl, Director of Finance Diana Shay, Redevelopment Coordinator✓ Post Office Box 2746 • Palm Snrinvs Cnlifornin 9?7(,3_9743 U.S.Postal Service CE-TiFIED MAIL RECEIPT (Domes?ic Vail only; No Insurance Coverage • •ed) i �(40 ° r tyof Palm Springs r Postage $ n certified Pee nmunity and Economic Development Department (Fntlotsemm[flequ Postmark3200 E.Tahquitz Canyon Way • Palm Springs,California 92262 Retum Receipt Feeirern Here TEL:(760)323-8259 • FAX(760)322-8325 • TDD(760)864-9527 � :3 Reatrioted Delivery Fee Community Redevelopment Agency• Community Development Block Grant 3 (Endorsement flequired) Downtown Development• Economic Development • Housing • Public Arc =1 TOM Postage&Fees $ r l f Sent To a Sanesor POrBo No. r iA_,6e.� Via Certified & U. S. Mail � ONy,State,ZIR.4 PS Form 1. January 2001 Mr. John Wessman,Trustee Wessman Family Trust 555 So. Sunrise Way Palm Springs, CA 92264 Dear Mr. Weissman: It is the intent of this correspondence to notify you that, pursuant to the Lease Agreement dated July 30, 2003, between the Community Redevelopment Agency and Wessman Family Trust, the Successor Agency to the Community Redevelopment Agency wishes to exercise an option to extend the term of its Lease of the Courtyard and Trash Area sites for an additional year, commencing June 1, 2013. Thank you for your consideration of our request. Please don't hesitate to contact me if you have any questions or need to discuss this matter further. Sincerely, Onity ay d, Director & Economic Development 1SR/pjs f cc: David H. Ready, Esq., Ph.D., City Manager Tom Wilson,Assistant City Manager Douglas C. Holland, Esq., City Attorney Riff Markowitz, Partnership for the Performing Arts, LLP James Thompson, City Clerk Jeff Kiehl, Director of Finance Diana Shay, Redevelopment Coordinator i/ POSt Office BOY 7742, • Palm Rnrin trc ('oli�nrnio Q77��_77/13 O.?A MSA� c City of Palm Springs Community and Economic Development Department * * 3200 E.Tahquicz Canyon Way • Palm Springs,California 92262 + tico n g1Eo ^'� TEL: (760)323-8259 • FAX(760)322-8325 • TDD(760)864-9527 C N�Q Community Redevelopment Agency • Community Development Block Grant OR Downtown Development • Economic Development • Housing • public Art January 16, 2013 Via Certified & U. S. Mail Mr. John Wessman,Trustee Wessman Family Trust 555 So. Sunrise Way Palm Springs, CA 92264 Dear Mr. Wessman: It is the intent of this correspondence to notify you that, pursuant to the Lease Agreement dated July 30, 2003, between the Community Redevelopment Agency and Wessman Family Trust, the Successor Agency to the Community Redevelopment Agency wishes to exercise an option to extend the term of its Lease of the Courtyard and Trash Area sites for an additional year, commencing June 1, 2013. Thank you for your consideration of our request. Please don't hesitate to contact me if you have any questions or need to discuss this matter further. Sincerely, J jhnS. a rector i Economic Development C D - _—r JSR/pJs < N - N cc: David H. Ready, Esq., Ph.D., City Manager p,_, Mi. Tom Wilson, Assistant City Manager a Douglas C. Holland, Esq., City Attorney Riff Markowitz, Partnership for the Performing Arts, LLP "7 James Thompson, City Clerk ✓ Jeff Kiehl, Director of Finance Diana Shay, Redevelopment Coordinator Post Office Box 2743 • Palm Springs, California 92263-2743 - .r \ HOLDIN65,7,DEVE60P�IENT COMrPAMY��" January-l8,2012 - r,` \ } City of Palm Springs r'.John S.'Ray—ond,Director Cpmity;c�c Economic Development / \ 3200 .Tahquitz;Canyon Way ` ' Palm Springs,`CA 92262 At. lease Agreement dated July, 30 2003 between the Community 0 71 Redevelopment Agdncy'and.Wessman Family Trust . \ r= . x Dear Mr.Raymond, \ Your regnest to exercise your option to eitend the-term of Lease of the Courtyard, Alleyway and Trash.Area sites per tthe above Agreement is approved. The`option"' will commence starting June.1,2012 fora period of one�year eliding May 31;2013. cerel , aN S- 2,012 J n Wessm an Managing ,.Member) essmau Family Trust .4 FO cc 7}avid H"Ready;Esq.,1Ph.D. City Manager Tom As yWilson, sistant'CityManager ' 1 D'ouglas,C.,Holland;:Esq.,City:Attorney ` Riff�VIarlcowitz,Partnership for the Performmg,Arts,LLP Jeff Kiehl,Director of Finance f we ' Rex.Oliares,Spi M mun E nelle Commercial Real Estate ' ^ Y - t .,.tl � 1• 555 S`SUNRISE UVAY, SUITE 200 PALM SPRINGS, CA 99,264 PHQNE (76b) 325 3050 TAX(760),325 5kg " www.we,ssme(ndevel.bpm6nt.com _ F PALM S City ®f Palm Springs (mot w " Community and Economic Development Department ` • 3200 E.Tahquitz Canyon Way • Palm Springs,California 92262 TEL:(760)323-8259 • FAX(760)322-8325 • TDD(760)864-9527 •os,naa Community Redevelopment Agency•Community Development Block Grant q�/F0 Downtown Development •Economic Development•Housing• Public Art • Recycling Aoa.31c January 10, 2012 Mr. John Wessman,Trustee Wessman Family Trust 555 So. Sunrise Way Palm Springs, CA 92264 Dear Mr. Wessman It is the intent of this correspondence to notify you that, pursuant to the Lease Agreement dated July 30, 2003, between the Community Redevelopment Agency ("Agency") and Wessman Family Trust, the Agency wishes to exercise an option to extend the term of its Lease of the Courtyard, Alleyway and Trash Area sites for an additional year, commencing June 1, 2012. Thank you for your consideration of our request. Please don't hesitate to contact me if you have any questions or need to discuss this matter further. Sincerely, it n S. ay d, Director C unity& Economic Development JSR/pjs cc: David H. Ready, Esq., Ph.D., City Manager Tom Wilson,Assistant City Manager Douglas C. Holland, Esq.,City Attorney Riff Markowitz, Partnership for the Performing Arts, LLP James Thompson, City Clerk ij Jeff Kiehl, Director of Finance Post Office Box 2743 0 Palm Springs, California 92263-2743 PALM _ _ OF City Palm, Sprig Community and Economic Development Department ) 3200 E.Tahgwcz Canyon Way • Palm Springs,California 92262 TEL:(760)323-8259 • FAX(760)322-8325 • TDD(760)864-9527 Cq \P' Community Redevelopment Agency•Community Development Block Grant FO RtA Downtown Development • Economic Development•Housing• Public Art • Recycling N 49 January 10, 2012 y��tt, Ao►�1c,1/ Mr. Laurence Pitts, President Plaza Investment Company, Inc. 115 South Indian Canyon Drive Palm Springs, CA 92262 Dear Mr. Pitts: It is the intent of this correspondence to notify you that, pursuant to the Lease Agreement dated July 30, 2003, between the Community Redevelopment Agency ("Agency") and Plaza Investment Company, Inc., the Agency wishes to exercise an option to extend the term of its Lease of the Courtyard, Alleyway and Trash Area sites for an additional year, commencing June 1, 2012. Thank you for your consideration of our request. Please don't hesitate to contact me if you have any questions or need to discuss this matter further. Sincerely, J hn S. ay on , Director om unity conomic Development JSR/pjs cc: David H. Ready, Esq., Ph.D., City Manager Tom Wilson, Assistant City Manager Douglas C. Holland, Esq., City Attorney Riff Markowitz, Partnership for the Performing Arts, LLP James Thompson, City Clerk v Jeff Kiehl, Director of Finance Post Office Box 2743 • Palm Springs, California 92263-2743 F PALM s \ City of Palm Springs Comnnunity and Economic Development Department 3200 F.Tahquitz Canyon Way • Palm Springs,California 92262 r TEL:(760)323-8259 • FAX(760)322-8325 • TDD(760)864-9521 •a*Tto Community Redevelopment Agency •Community Development Block Grant /F°VA'*' Downtown Development • Economic Development• Housing• Public Art • Recycling �,0 �A V- February 7, 2011 *,( w mk\O VIA CERTIFIED & U.S. MAIL Mr. John Wessman, Trustee Wessman Family Trust 555 So. Sunrise Way, #200 Palm Springs, CA 92264 Re: Courtyard Lease-Notice to Exercise Option Term Dear Mr. Wessman: It is the intent of this correspondence to notify you that, pursuant to the Lease Agreement dated July 30, 2003, between the Community Redevelopment Agency ("Agency") and Wessman Family Trust, the Agency wishes to exercise an option to extend the term of its lease of the Courtyard, Alleyway and Trash Area sites for an additional year, commencing June 1, 2011. Thank you for your consideration of our request. Please don't hesitate to contact me if you have any questions or need to discuss this matter further. Sincerely, rn r� 4 o aity 4&ZEconomic , Director ad r:s Development a JSR/ps � , `ate r� cc: David H. Ready,Esq.,Ph.D.,City Manager Tom.Wilson,Assistant City Manager Douglas C. Holland,Esq.,City Attorney Riff Markowitz,Partnership for the Performing Arts, LLP James Thompson, City Clerk i' Jeff Kiehl, Director of Finance Post Office Box 2743 • Palm Springs, California 92263-2743 F PALM S City of Palm Springs C" Community and Economic Development Department * * 3200 E-Tahquitz Canyon Way • Palm Springs,California 92262 e ft*AltO,+' k TEL:(760)323-8259 • FAX(760)322-8325 • TDD(760)864-9527 ��Q Community Redevelopment Agency• Community Development Block Grant Fp R Downtown Development •Economic Development • Housing • Public Art • Recycling P IQ February 7, 2011 Via Certified & U.S. Mail Mr. Laurence Pitts, President � b Plaza Investment Company, Inc. 115 South Indian Canyon Drive Palm Springs, CA 92262 Dear Mr. Pitts: It is the intent of this correspondence to notify you that,pursuant to the Lease Agreement dated July 30, 2003, between the Community Redevelopment Agency("Agency") and Wessman Family Trust, the Agency wishes to exercise an option to extend the term of its lease of the Courtyard,Alleyway and Trash Area sites for an additional year, commencing June 1, 2011. Thank you for your consideration of our request. Please don't hesitate to contact me if you have any questions or need to discuss this matter further. Sincerely, Jo S. ymo irector C ity& onomic Development JSR/ps cy "' :4U V0 M r*� cc: David H.Ready, Esq., Ph.D., City Manager ao rn Tom Wilson,Assistant City Manager Douglas C. Holland, Esq.,City Attorney - ? :ate L i ,, ".) } Riff Markowitz,Partnership for the Performing Arts,LLP �, James Thompson, City Clerk ►,-- H.: --- Jeff Kiehl,Director of Finance CM Post Office Box 2743 0 Palm Springs, California 92263-2743 AL °F AP , City of Palm Sp�ri-t v _ x ConamunRy and Economic Dcvelopmenr Deparrment * 3200 E Tahgmra Ca Ryon Way • Palm Springs,California 92262 "fHi.;(760)323-8259 • PAX(760)37.7. Si25 • TDD(700)864-9527 (' Q. Covimun¢y&.davclopmrnc Agency •Co+nmunay Development m elopent Block Glo (Fp R� Downmwu Devclopmcnc • Economic Developmcm • Hou,mg • Public Arc • Recycling, r ux July 30, 2009 Mx. Laurence Pitts, President Plaza Investment Company, Inc. 115 South Indian Canyon Drive Palm Springs, CA 92262 Dear Mr. Pitts: It is the intent of this correspondence to notify you that, pursuant to the Lease Agreement dated July 30, 2003, between the Community Redevelopment Agency ("Agency") and Wessman Family Trust, the Agency wishes to exercise an option to extend the term of its lease of the Courtyard, Alleyway and Trash Area sites for an additional year, commencing June 1, 2009- Thank you for your consideration of our request. Please don't hesitate to contact me if you have any questions or need to discuss this matter further. Sincerely, Thomas J. Wilson Assistant City Manager - a pc: P}ff Markowitz, Partnership for the Performing Arks, LLP 1=cs Thompson, City Clerk , Jeff Kiehl, Director of Finance _w 7:' Douglas C. Holland, City Attorney o? o Posr Office Sox 2743 • Palm Springs, California 92263-2743 F FALH( SA IMP-� City of Palm Springs rl Community and Economic Development Deparrmcnc * 3200 E.Iahquirz Canyon vray • Palm Springs,California 92262 TEL (760)323-8259 • FAX(760)322-8325 • TDD(760)864-957,7 oRariv' CammuMiy Rudevelopmenr Agency• Convnuniry pevelapmenc Block Grxnr r FO RN Dowrvnwn Development•LmMomic Development• Housing • Public Arc• Recycling July 30, 2009 VIA CERTIFIED & U.S. MAIL Mr- John Wessman, Trustee Wessman family Trust 300 South Palm Canyon Drive Palm Springs, CA 92262 Re: Courtyard Lease-Notice to Exercise Option Term Dear Mr. Wessman: It is the intent of this correspondence to notify you that, pursuant to the Lease Agreement dated July 30, 2003, between the Community Redevelopment Agency ("Agency") and Wessman Family Trust, the Agency wishes to exercise an option to extend the term of :its lease of the Courtyard, Alleyway and Trash Area sites for an additional year, commencing June 1,2009- Thank you for your consideration of our request. Please don't hesitate to contact me if you have any questions or need to discuss this matter further. Sincerely, Thomas 7. Wrlson 'T`= -- Assistant City Manager r r— O cc: Riff Markowitz, Partnership for the Performing Arts, LLP James Thompson, City Clerk Jeff Kiehl, Director of Finance Douglas C. Holland, City Attorney Post Office Box 2743 - Palm Springs, California 92263-2743 City of Palm Springs David H. Ready, City Manager 'ii�d 3200 F,Tah uirz Canyon Way Palm Springs,California 92262 .._, r 9 Y Y ' P� y1V r TEL: (760)323-8201 • FAX:(760) 323-8207 • Wcb:www.palmsprings-ca.gov January 9, 2009 VIA CERTIFIED & U.S. MAIL Mr. Laurence Pitts, President Plaza Investment Company, Inc. 115 South Indian Canyon Drive Palm Springs, CA 92262 Dear Mr, Pitts: It is the intent of this correspondence to notify you that,pursuant to the Lease Agreement dated July 30, 2003, between the Community Redevelopment Agency ("Agency") and Wessman Family Trust,the Agency wishes to exercise an option to extend the term of its lease of the Courtyard, Alleyway and Trash Area sites for an additional year, commencing June 1, 2009. Thank you for your consideration of our request. Please don't hesitate to contact me if you have any questions or need to discuss this matter further. / Sincerely, !/ n� David H. Ready, Esq., .D. Executive Director DHR:jt c u n 7-7 - cc: Riff Markowitz, Partnership for the Performing Arts, UP c < Ames Thompson, City Clerlc Jeff Kiehl, Director of Finance c 7 Douglas C. Holland, City Attorney Post Office Box 2743 • Palm Springs, California 92263-2743 'SiuTndri�q,�R (,fix dry\\, City of Palm Springs David FJ. Ready, City.Manager �• `°��'nerW_jil ' � 3200 r.Tah uitz Canyon Way palm Springs,California 92262 TEL: (760) 323.8201 • FAX:(760) 323-8207 • Web!v -palmsprings-ca.gov b•1•o� �YU 5'��•\b January 9, 2009 VIA CERTIFIED & U.S. MAIL Mr. John Wessman, Trustee Wessman Family Trust 300 South Palm Canyon Drive Palm Springs, CA 92262 Re: Courtyard Lease -Notice to Exercise Option Tema Dear NE. Wessman: It is the intent of this correspondence to notify you that, pursuant to the Lease Agreement dated July 30, 2003, between the Community Redevelopment Agency ("Agency") and Wessman Family Trust, the Agency wishes to exercise an option to extend the term of its lease of the Courtyard, Alleyway and Trash Area sites for an additional year, commencing June 1, 2009. Thank you for your consideration of our request. Please don't hesitate to contact me if you have any questions or need to discuss this matter further. Sincerely, David H. Ready, Esq.,kH� _ Executive Director e `' e DHR:]t cc: Riff Markowitz, Partnership for the Performing Arts, LLP ✓James Thompson, City Cleric —C - Jeff Kiehl, Director o Uinance Douglas C. Holland, City Attorney °c w Post Office Box 2743 1 Palm Springs, California 92263-2743 Historic Plaza Theatre Business Offices 128 South Palm Canyon Drive 25 EaskTahquitz Canyon Way $uil'e 209 Palm Springs, California Palm Springs, California 92262 92262 RECEIVED JAM o n 2008 Januarq 3, 2ooS Mr. David H. Ready, City Manager � /h C/O City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92a62 RE: Palm Springs Follies (Partnership for the Performing Arts) Dear Mr. Ready, Please accept this letter as our intent to exercise the one year option for the period June x, 20o8 through May 30, 2oo9 for the Theater, Alley, and Courtyard lease, as outlined in the attached Restated and Amended Theater Lease Agreement attached. Please forward, at your earliest possible convenience, written confirmation that the corresponding one year option on the leases between Plaza Investment Company, Inc. (Pitts), The Wessman Family Trust, and the City of Palm Springs have been exercised. I have attached last year's letters for your reference. If you have any questions feel free to contact our CPA, Tim D'Attile, at 760-325-5095- With continued respect and regard, I am t Riff kowitz Managing Director P The Historic Plaza Theatre ns C� =� rc� �tC RM/jbd " w BUSINESS OFFICES:760.778 7654-RESERVATIONS 7603270225.1-AX 760322.3196 11 � RECEIVED APR 2 8 2006 Wess;: an Plaza l � i l`= '„ -= i~-� �I r -yL �` Temecula West Palm Springs 'DEVELOPIVIIENT COMPANY The Center Promenade. Plaza Mercado Canyon Plaza Canyon Plaza North and South Business Park Shopping Centers Plaza del Sol . Tahquitz Mesa Villas Date Palm Square - Rubidou;: Plaza Indio Plaza Plaza las Flores Halema Joe s Tahquitz Square Rancho San Pablo Plaza at Sunrise 6aristo Plaza A C? 1r�Lhh w%�v" - - - � - . -3 April 27, 2006 — — City of Palm Springs Attention: David Ready, City Manager PO Box 2743 - Palm Springs, CA 92262-2743 Dear David: It is the intent of this letter to accept the Community Redevelopment Agency's notification to exercise the option to extend the term of its lease of the Courtyard and Trash Area sites for an additional year commencing June 1, 2006. We do acknowledge your request that we waive all future option notice requirements and that the lease be automatically extended each year. We will consider this and let you know our decision at another time. Sincerely, John Wessman JW:mh Faxed to 760-323-8207 Mailed 300 S- PALM CANYON DRIVE PALM SPRINGS. CA 92262 - PHONE (760) 325-3050 PAX (760) 325-5648 City of Palm Springs 41, Office of the City Manager 3200 TahqultL Can on Wn Palm S wi s C Iifocnia 92262 1�` Pr "`�`%1(\•�" 'rlL (760)323.8201 •FAX (760)323-8207 -TDD (760)864-9527 April 20, 2006 John Wessman, Trustee Via Certified Mail-- Wessman Family Trust #7001 0360 0002 1236 4188 1555 South Palm Canyon Drive, Suite G106 Palm Springs, CA 92264 RE: Courtyard Lease — Notice to Exercise Option Term Dear Mr. Wessman: It is the intent of this correspondence to notify you that, pursuant to the lease agreement dated July 30, 2003 between the Community Redevelopment Agency ("Agency") and Wessman Family Trust, the Agency wishes to exercise the option to extend the term of its lease of the Courtyard and Trash Area sites for an additional year commencing June 1, 2006. As you know, the Agency is likely to have a long-term need for the leased area referenced above. Consequently, the Agency would also like to request that you waive all future option notice requirements and that the lease be automatically extended each year, under the existing terms and conditions, through May 31, 2018. Thank you for your consideration of our request. Please don't hesitate to contact me if you have any questions or need to discuss this matter further. Sincerely, / David H. Ready i4�iL City Manager DHR/mh Cc' Riff Markowitz, Partnership for the Performing Arts, LLP Posr Officc Box 2743 • Palm Springs, California 92263-27/13 L City of Palm Springs d Office of the City Manager ,.h 3200 T hg1+Irr,Crvnyon Why• Palm Spange,C-IrFumin 92262 +\I/(r' r• I"1 "r TEL.(760)323-8201 • CAX:(760)323-8207 •Too;(760)864-9527 April 20, 2006 Laurence Pitts, President Via Certified Mail- Plaza Investment Company, Incorporated #7001 0360 0002 1236 4171 115 South Indian Canyon Drive Palm Springs, CA 92262 RE: Business Property Lease — Notice to Exercise Option Term Dear Mr. Pitts: It is the intent of this correspondence to notify you that, pursuant to the First Amendment to the Business Property Lease dated July 30, 2003 between the Community Redevelopment Agency ("Agency") and Plaza Investment Company, the Agency wishes to exercise the option to extend the term of its lease of the alley area for an additional year commencing June 1, 2006. As you know, the Agency is likely to have a long-term need for the leased area referenced above. Consequently, the Agency would also like to request that you waive all future option notice requirements and that the lease be automatically extended each year, under the existing terms and conditions, through May 31, 2018, Thank you for your consideration of our request. Please don't hesitate to contact me if you have any questions or need to discuss this matter further. Sincerely, / r David H. Ready, City Manager DHR/mh cc: Riff Markowitz, Partnership for the Performing Arts, LLP Posr Office Box 27/13 • Palm Springs, California 92263-2743 ~Historic Plaza Theatre Business Offices 128 SCULh Palm Canyon Dnve 25 EastTahquitz Ca 5uiite 209 Palm Springs, California Palm Sprngs, Calirornia 92262 92262 January 28, 2007 BY I-LAND DELIVERY AND BY CERTIFIED MAIL, RETURN RECEIPT REOUESTED: Community Redevelopment Agency iW` Of the City of Palm Springs P.O. Box 1786 Palm Springs, California 92262 -, Attn: Executive Director, David H. Ready -` AND G, Mr- David H. Ready, City Manager City of Paltn Springs L i 3200 E. Tahquitz Canyon Way Patin Springs, CA 92264 Re: Sub-I reement by and Between The Community Redevelopment A cy of the it of Patin Springs and the Partnership for the Performing Arts, P. (Courtyard) lereafter the "Sub-Lease"). NOTICE OF E TO EXTEND TERM OF SUB-LEASE Notice is hereby given by and on behalf of the Sub-Lessee under the above referenced Sub-Lease that the Sub-Lessee hereby exercises its option to extend the teen of the Sub-Lease for the period commencing June 1, 2007 through and including May 31, 2008. THE PARTNERSHIP FOR THE PERFORMING ARTS, L.P., a California limited partnership BUSINESS OFFICES 760778765d•RESERVATIONS:760327,0225•FAX 760322,3196 NAAAM nsL0I IIPS rnm By: The Rifael Corp., a California corporation, its General Partner By: I_ ff Marko ' _, Pfesident cc: Douglas Holland, City Attorney Woodruff, Spradlin & Smart City of Palm Springs P.Q. Box 1786 Palm Springs, California 92262 (By Certified Mail, Return Receipt Requested And US Mail) Wessman Family Trust Courtyard Lease AGREEMENT #437C Amend 1 R1224 / R20682, 7-30-03 RESTATED AND AMENDED LEASE AGREEMENT (COURTYARD) This RESTATED AND AMENDED LEASE AGREEMENT ("Lease") is made and entered into this 30th day of July, 2003 ("Effective Date"), by and between JOHN WESSMAN, TRUSTEE OF THE WESSMAN FAMILY TRUST, DATED NOVEMBER 16,1998, a California corporation ("Lessor"), and the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public body, corporate and politic ("Lessee"). RECITALS A. Lessor is the owner of that certain real property commonly known as the Courtyard located at Palm Springs, California, including all improvements thereon existing as of the Lease Commencement Date. The Lessee wishes to lease four areas for signage in the Courtyard and a separate area for trash, as legally described in Exhibit "A" and "A-l" attached hereto (the "Courtyard Site" and "Trash Area Site"). B. The Lessor wishes to make the Sites available to Lessee and Lessee wishes to use such Sites under the terns of this Lease to provide adequate signage and trash removal to support the Plaza Theatre operations. AGREEMENT LEASE. Lessor hereby leases and demises to Lessee and Lessee hereby hires from Lessor, for the term and upon the conditions set forth herein, the Courtyard Site and the Trash Area Site, as legally described in Exhibit "A" and Exhibit "A-l" respectively. Further, Lessor hereby grants to Lessee an irrevocable non-exclusive license during the tern of this Lease for ingress and egress, to and from both of the Site locations seven (7) days a week, twenty-four (24) hours a day. LEASE TERM. Lease Commencement Date. The Lease Commencement Date shall mean the date this Lease is executed by Lessee. Lease Term. The initial term of this Sublease ("Initial Tenn") shall commence on June 1, 2003 ("Commencement Date") and shall terminated on May 31, 2004. a) Option Tenn. As part of the consideration for the execution of this Lease, Lessor hereby grants to Lessee options to extend this Lease for the following additional periods ("Extended Terns," individually "Extended Term"), upon the same terns and conditions herein: 1003/005/23049 v1I [iRIG,flNr4L. BID i additional periods ("Extended Terns," individually"Extended Tenn"), upon the same teens and conditions herein: 1. June 1, 2004 through May 31, 2005 2. June 1, 2005 through May 31,2006 3. June 1, 2006 through May 31, 2007 4. June 1, 2007 through May 31, 2008 5. June 1, 2008 through May 31, 2009 6, June 1, 2009 through May 31, 2010 7. June 1, 2010 through May 31, 2011 8. June 1, 2011 through May 31, 2012 9. June 1, 2012 through May 31, 2013 10. June 1, 2013 through May 31, 2014 It. June 1, 2014 through May 31, 2015 12. June 1, 2015 through May 31, 2016 13. June 1, 2016 through May 31, 2017 14. June 1, 2017 through May 31, 2018 b) Lessee must give notice to Lessor of its exercise of each option ("Option Notice") not less than one hundred and twenty (120) days prior to the expiration of the Initial Tenn or any Extended Tenn, as the case may be. If Lessee is in default on the date of giving the Option Notice, the Option Notice shall be ineffective unless Lessee cures such default with in 15 days of giving the Option Notice. If Lessee is in default on the date the Extended Tenn commences, the Extended Tenn shall automatically terminate (on the date specified below) unless Lessee has cured such default on or before the later to occur of the following: (1) The expiration of the applicable cure period (if any) following Lessee's receipt of notice from Lessee or the default; or (2) The fifteenth (151h) day following the commencement of the Extended Tenn. (3) The termination will be effective at 5:00 o'clock p.m. on the later of the dates specified above. In the event that Lessee should fail to give any Option Notice as provided above, the Sublessee's option to extend the tern and any further option thereafter shall terminate and be of no further force and effect, without any further action by Lessee. Lessee shall not be permitted to exercise its option for any subsequent Extended Tenn, unless Lessee has exercised all previous options to extend the tern of the Lease, unless Lessor waives such notice in writing. Delivery of Possession. Lessor shall tender delivery of possession of the Sites to Lessee within five (5) business days following the Lease Cornmencement Date. 1003/005/23049 v8 _2_ RENT. Lessee shall pay to Lessor for the lease of the Site the surn of one dollar ($1.00) per year ("Annual Rent"), which sum shall be paid in advance on the Lease Commencement Date and each anniversary thereafter. USE OF SITE. Use of the Site. Lessee shall use the Site for the purpose of constructing, erecting and maintaining four signs as described in Exhibit "B" attached hereto and incorporated herein by this reference. Lessee shall also use the Trash Area Site for all and the three (3) yard cubic trash bin provided by Landlord thereon for all trash generated fi-om the theater operation. Compliance with Law. Lessee agrees that all operations and activities by or under Lessee on the Site shall be conducted in compliance with all applicable statutes, ordinances, orders, laws, rules and regulations, and the requirements of all federal, state and municipal governments and appropriate departments, commissions, boards and offices thereof, which may be applicable to the Site or to the use or manner of use of the Site. ALTERATIONS, MAINTENANCE AND REPAIRS. By Lessee. The Lessee agrees, at its expense, to maintain all of the signs in good condition and repair, with the exception that if a sign is damaged by action of Lessor's agent, employee or invitee then Lessor shall contribute to the cost of repair. Alterations. In the event that either prior to or during the Lease Term any alteration, addition, or change or otherwise to the Site, or any portion thereof, is required by law or regulation or rule, the same shall be made by Lessee, at Lessee's sole cost and expense. Subject to obtaining all requisite governmental pen-nits and authorizations, Lessee shall have the right to make non- structural alterations to the signs constructed by Lessee upon the Site. INSURANCE AND INDEMNITY. Insurance Provided by Lessor. Lessor shall maintain fire and extended coverage insurance throughout the term of this Lease. Lessee understands that Lessor's coverages hereunder do not include Lessee's furniture, fixtures or merchandise. Lessee hereby waives any right of recovery from Lessor, its officers and employees, and Lessor 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. Indenuiification of Parties. The parties agree to indemnify each other, their officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, darnages 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, film or entity arising out of or in connection with the negligent performance of the work, operations or activities of each other, their agents, employees, subcontractors, or invitees, provided for herein, or arising from the use of the Site and the courtyard area by either party or 1003/005123049 v8 -3- their employees and customers, or arising from the failure of Lessee to keep the Site in good condition and repair, as herein provided, or arising from the negligent acts or omissions of either party hereunder, or arising from either party's negligent performance of or failure to perform any terra, provision covenant or condition of this Lease, whether or not there is concurrent passive or active negligence on the part of the other party, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the other party, its officers, agents or employees, who are directly responsible to the other party, and in connection therewith: TAXES. Personal Property Taxes. Lessee agrees to pay, prior to delinquency, all taxes levied upon personal property, if any, including trade fixtures, and inventory, not owned by Lessor and kept on or about the Site by or under Lessee. Real Property Taxes. Lessor agrees to pay all real property taxes (including any possessory interest taxes and special and ad valorern taxes) and assessments levied or assessed upon the Site. CASUALTY DAMAGE. In the event the whole or any part of the sign improvements at the Site shall be damaged or destroyed by any casualty other than those for which the Lessor shall insure pursuant to Section 6.1, at any time during the Lease Term, Lessee shall have the right at its discretion to repair, restore and rebuild such improvements on the same plan and design as existed immediately prior to such damage or destruction and to the same condition that existed immediately prior to such damage. Lessee may cancel this Lease by giving written notice of its election to do so to Lessor within sixty (60) days after Lessee receives notice or acquires knowledge of such damage or destruction meeting the criteria above. ASSIGNMENT AND SUBLETTING. Lessor is in agreement that Lessee may be subleasing the Site to the Partnership for the Performing Art, LP. DEFAULT; TERMINATION. General. Either party may terminate this Lease upon a default by the other party. A party shall be in default under this Lease if that party fails to perform obligations required of it within a reasonable time,but in no event later than thirty(30) days after written notice from the other party, specifying wherein the nonperforming party has failed to perform such obligations; provided, however, that if the nature of the nonperforming party's obligation is such that more than thirty(30) days are required for performance then the nonperfonning party shall not be in default if it commences performance within such thirty(30) day period and thereafter diligently prosecutes the same to completion. Trash Area Site. The Lessor may tenninate the Trash Area Site usage at its discretion upon ninety(90) days written notice to Lessee. 1003/005/23049 v8 _4,_ QUIET ENJOYMENT. Lessor hereby warrants, represents and covenants that, Lessee may peaceably and quietly have, hold, occupy and enjoy the Site and all of the appurtenances thereto without hindrance or molestation from Lessor or those lawfully claiming an interest in or to the Site through or under Lessor. MISCELLANEOUS. Condemnation. In the event a condemnation or a transfer in lieu thereof results in a taking of any portion of the Site, Lessor 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 Site, Lessee may, upon written notice given within thirty (30) days after such taking or transfer in lieu thereof, terminate this Lease. Surrender at End of Term. Any improvements built, constricted, or placed upon the Site by or under Lessee, other than Lessee's trade fixtures, equipment and personal property, shall remain on the Site and become the absolute property of Lessor without any cost to Lessor upon the termination of this Lease, whether by lapse of time or by forfeiture by reason of default provided that Lessee shall have the right to remove its trade fixtures, removable tenant improvements, equipment and personal property on or before expiration or earlier termination of this Lease, provided that Lessee repairs any damage occasioned by such removal. Force Maieure. If either party is delayed, prevented or hindered from the perfonnance of any covenant or condition of this Lease because of acts of the other party, Acts of God, adverse weather conditions not reasonably anticipated, war, invasion, insurrection, acts of a public enemy, riot, mob violence, civil commotion, sabotage, labor disputes, inability to procure or general shortage of labor, materials, facilities, equipment or supplies on the open market, unusual delay in transportation, laws, rules, regulations or orders of governmental or military authorities, or any other cause beyond the reasonable control of the parties so obligated, whether similar or dissimilar to the foregoing, financial inability excepted, such perfonnance shall be excused for the period of the delay, and the period for such performance shall be extended for a period equivalent to the period of such delay. Waiver. No written waiver of any breach of any of the terns, covenants, agreements, restrictions or conditions of this Lease shall be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions and conditions hereof. Lessor's acceptance of any sum payable by Lessee to Lessor under this Lease while Lessee is in default under the terns of this Lease shall not constitute a waiver by Lessor of such default, other than a default by Lessee in payment of the sum so accepted by Lessor. Lessee shall not rely on any oral waiver and shall not rely on any course of conduct as a waiver of any provision of this Lease. Lessee may rely only on specific waivers confirmed in writing. Notices. Whenever in this Lease it shall be required or permitted that notice or 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 and shall not be deemed to have been duly given or served unless said notice is in writing and is either personally served (including service by overnight courier) upon the person for 1003/005/23049 v8 _5_ whom intended or mailed, by registered or certified mail, with postage prepaid, addressed to the party for whom intended at the address that follows: Lessor: Wessman Family Trust c/o Wessman Development 1555 South Palm Canyon Drive, Suite G106 Palm Springs, CA 92264 Attn: John Wessman Trustee Lessee: Community Redevelopment Agency of the City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263-2743 Attn: David H. Ready, Executive Director With a Copy to: David J. Aleshire, Esq. Aleshire & Wynder, LLP 18881 Von Kannan Avenue Suite 400 Irvine, CA 92612 Either Lessor or Lessee may change such address by notifying the other party in writing as to such new address as Lessee or Lessor may desire used and which new address shall continue as the address until further written notice. If any notice or demand is sent by mail as aforesaid, the same shall be deemed served or delivered three (3) days after the mailing thereof in the manner provided above. If any notice or demand is sent by overnight courier as aforesaid, the same shall be deemed served or delivered twenty-four (24) hours after deposit of the same with an overnight courier for delivery to the party to whom intended at the address provided above for such patty pursuant to this Section. 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. Lessee acknowledges that no representations or warranties of any kind or nature not specifically set forth herein have been made by Lessor or its agents or representatives. Inurement. Each of the covenants, conditions and agreements herein contained shall inure to the benefit of and shall apply to and be binding upon the parties hereto and their respective heirs, legatees, devisees, executors, administrators, successors, assigns, sublessees or any person who may come into possession of said Site or any part thereof in any manner whatsoever. Nothing in this Section shall in any way alter the provisions against assignment or subletting hereinabove provided. Assignment by Lessor. In the event Lessor shall transfer or convey or be divested of its fee estate in and to the Site, and as a part of said transaction shall transfer, convey, assign or be 1003/005/23049 A _6_ divested of its interest as Lessor in and to this Lease, then from and after the effective date of said assignment, transfer, conveyance, divestiture or reverter and assumption of this Lease by the transferee, Lessor shall have no further liability, except for liabilities which shall have accrued and be unsatisfied as of such date, for all of which liabilities Lessor shall continue to be obligated notwithstanding any such assignment, transfer, conveyance, divestiture or reverter. Severability. If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such tern, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each tern, covenant or condition of this Lease shall be valid and be in force to the B llest extent permitted by law. Authority of Lessor. Each individual executing this Lease on behalf of Lessor represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of Lessor and that this Lease is binding upon Lessor. Lessee's Officers and Employees. Non-liability of Officers and Employees. No officer, official, agent, contractor, or employee of Lessee shall be personally liable to Lessor, or any successor in interest, in the event of any default or breach by Lessor or for any amount which may become due to Lessor or to its successor, or for breach of any obligation of the terns of this Lease. Conflict of Interest. No officer or employee of Lessee shall have any financial interest, direct or indirect, in this Lease nor shall any such officer or employee participate in any decision relating to this Lease which affects 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. Non-Discrimination. There shall be no discrimination against or segregation of any person or group of persons on account of race, color creed, religion, sex, marital status, handicap, age, ancestry or national original in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Site herein leased nor shall the Lessee 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 lessees, sublessees, subteriants or vendees of the Site herein leased. Real Estate Broker. Lessee and Lessor each represent and warrant to the other that it has not dealt with any real estate broker and knows of no real estate broker, agent, or finder that may claim a commission in connection with this Lease, Lessee and Lessor shall each indemnify, defend, and hold the other harmless from and against any claim for any broker's or finder's fee arising out of the acts or omissions of the indemnifying party. [End- Signature Page and Exhibits Follow] 1003/005/23049 v8 -7- IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease Agreement to be executed and to be effective as of day and year first hereinabove written. "LESSOR" JOHN WESSMAN, TRUSTEE OF THE WESSMAN FAMILY TRUST, DATED NOVEMBER 16, 1998 ESSEE" COMMUNITY REDEVELOPMENT A E CY OF THE CITY OF PALM SPR GS gene secretary \rA"lNW V DV RES. ron. 1 APPROVED AS TO FORM: Jts11�IB� 2 �� cd Jr -!_1 [End of Signatures] 18990v1 -7- EXHIBIT "A" LEGAL DESCRIPTION OF COURTYARD That portion of Block 27 of Palm Springs, as shown by Map on file in Book 9 Page 433 of Maps, Records of San Diego County, California described as follows: BEGINNING AT A POINT on the West line of said Block 27, distance South 00 degrees 08'00" East, 135.00 feet from the Northwest corner of said Block 2T Thence along said West line, South 00 degrees 08'00" East 24.20 feet; Thence parallel with the North line of said Block 27, North 89 degrees 52'00" East, 62.12 feet; Thence parallel with the Westerly line of said Block 27, North 00 degrees 08'00" West, 24.20 feet; Thence parallel with the North line of said Block 27, South 89 degrees 52'00" West, 62.12 feet to THE POINT OF BEGINNING. A EXHIBIT "A-11 " LEGAL DESCRIPTION OF TRASH AREA SITE A portion of the block designated as "Mrs. Brooks", also known as Block 27 on map of the town of Palm Springs, in the City of Palm Springs, County of Riverside, State of California, in Book 9, page 432 of Maps, San Diego County Records by metes and bounds as follows: Beginning at a point on northerly line of said Block 100 feet easterly from northwesterly corner of said block; thence southerly parallel with westerly line of said block 80 feet; thence easterly parallel with northerly line of said block 10 feet; thence northerly parallel with westerly line of said block 80 feet; thence westerly along northerly line of said block ten feet to point of beginning. A-1 EXHIBIT "B- 1 " ti� o Go, OYQ�I�kn�ti 'oo 4 h QP fie. 6 0 00 p0. o Q b a = DETAIL. SCALE: 1" 4' SCALE 1" 20' N89'52'00"E 62,12' 0 N w N 'l PARCEL 3 PER INST. NO. 465160 0 RECORDED 10/28/98 ro 0 0 1 Z SEE DETAIL HEREONF B D0.T BEAftINO RADIUS LENCNi TANGENT 1 N89'62 00 E 6.92 N89'52'GO"E 1.50 -K No. C-28931 '� N59'29 40 E 3.09 EKp.033I-03 N00'OB 00 1.21 `pTgT C I V%v S S59.29 40 4.83 F OF CN 6 S00`08'00"E 0.33 o� pALAI dq APPROVED BY: CITY OF PALM SPRINGS � ENGINEERING DEPARTMENT Imo, f' �CIFOTiN�� DAVID J. BARMAN, P.E. - CITY ENGINEER RCE 28931, EXP. 3/31/03 DESIGN BY: SCALE: FILE NO.: MLF 1" = 20' R-00-1i ATTRACTION BOARD PARCEL 1 CHECKED BY: DWG. NO.: SHEET NO.o DJB 1 1 OF 1 Pg. 1 of 2 Exhibit "13-'1" Attraction Board Parcel 7 ALL THAT PORTION OF BLOCK 27 AS SHOWN ON THE MAP OF PALM SPRINGS TOWN SITE, RECORDED IN BOOK 9, PAGE 432,RECORDS OF SAN DIEGO COUNTY,CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING ATTHE SOUTHWEST CORNER OF PARCEL 3 AS DESCRIBED IN GRANT DEED TO JOHN WESSMAN RECORDED OCTOBER 28, 1998, AS INSTRUMENT NO. 465160 IN OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THENCE NORTH 89'52'00"EAST,ALONG THE SOUTH LINE OF SAID.PARCEL 3,A DISTANCE OF 6.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, NORTH 89'52'00"EAST,A DISTANCE OF 1.60 FEET; THENCE NORTH 59'29'40" EAST, A DISTANCE OF 3.09 FEET; THENCE NORTH 00'08'00"WEST, PARALLEL WITH THE WEST LINE OF SAID PARCEL 3,A DISTANCE OF 1.21 FEET; THENCE SOUTH 59'29'40"WEST, A DISTANCE OF 4.83 FEET; THENCE SOUTH 00'08'00" EAST, PARALLEL WITH SAID WEST LINE, A DISTANCE OF 0.33 FEET TO THE TRUE POINT OF BEGINNING. COMPRISING 4 SQUARE FEET MORE OR LESS. EXHIBIT "B=2" ry1 t4' �o e <� o .09 0 6 ryA OyR�t0 m O °iQ 6 %��ti z � 9`k ��J< SCALE: 1" 4' N89'52'00"E 62.12' N N PARCEL 3 PER INST. N0. 465160 # RECORDED 10/28/96 SCALE 1" G 20' $ SEE DETAIL HEREON T Qo i •q Z 6 ' A � 'O NDO108'00"W, 16.50, 6 PARCEL 2 PER INST. NO, 465160 RECORDED 10/28/98 N00'08'00"W, 23.60' N69'52'00"E 57.80' �a\Q J. BAR,Iki EL N001O8'00"W, 16.50' DELT BE/JiINC RMIUS I LENGTH TANGENT I NB9'52'00"E, 4.32' {c �} N8Wv22 00 E 46.42 No. C-28931 N59'29 40"E 2.00 Exp,03-31-03 S30'30 20 1.50 `rT, C I V 1v S59'29 40 4,00 E' OF 1430'30 20 1.50 N59'29 40 2,00 , APPROVED BY: Z CITY OF PALM SPRINGS ENGINEERING DEPARTMENT �[IFOa�t�r DAV1D A BARMAN, P.E. — CITY E I EE7 R ROE 28931. EXP. 3/31/03 DESIGN BY: SCALE: FILE NO.: MLF 1" = 20' R-00-1 ATTRACTION BOARD PARCEL 2 CHECKED By. DWG. NO.: SHEET NO: DJB 1 1 OF 1 n— f 7 Exhibit "B-2" Attraction Board Parcel 2 ALL THAT PORTION OF ©LOCK 27 AS SHOWN ON THE MAP OF PALM SPRINGS TOWN . SITE, RECORDED IN BOOK9, PAGE 432,RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNINGATTHESOUTHWEST CORNER OF PARCEL 3 AS DESCRIBED IN GRANT DEED TO JOHN WESSMAN RECORDED OCTOBER 28, 1998, AS INSTRUMENT NO. 465160 IN OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THENCE NORTH 89'52'00"EAST,ALONG THE SOUTH LINE OF SAID PARCEL3,A DISTANCE OF 46.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 59'29'40" EAST, A DISTANCE OF 2.00 FEET;. . THENCE SOUTH 30'30'20" EAST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 59'29.'40"WEST, A DISTANCE OF 4.00 FEET; THENCE NORTH 30'30'20" WEST, A DISTANCE OF 1.50 FEET; THENCE NORTH 59'29'40" EAST, A DISTANCE OF 2.00 FEET TO THE TRUE POINT OF BEGINNING. COMPRISING 6 SQUARE FEET MORE OR LESS. PIN EXHIBIT "Bm3" Q• DETAIL SCALE: 1" = 4' ,y1 b 0 xi ro • g ry,�AOyl��. _ .. O v0�Ot' y0 ♦ Y z f I I N89'52'00"E 62.12' 2:3 N N 3 PARCEL 3 PER INST. NO. 465160 SCALE 1" - 20' m RECORDED 10/28/98 o O� 0 z SEE DETAIL HEREON -- �Q. 6 NOO'08'00"W, 16.50' PARCEL 2 PER INST. NO. 465160 RECORDED 10/28/98 N00'08'00"W, 23.60' N89'52'00"E 57.80' O 4'"8A� N00"OB'00"W, 16.50' Q�''♦ !� DELI BEARING RADIUS LENGTH N89'5200 E TANGENT N89'52'00"E, 4.32' 11.06 No. C-28931 NOG'GB 00"W 0.67 Exp.03S31.03 N8 9-62 GO E 10.50 `pT C I V I V 500'0800 E 1.67 OF S89'62 DO 10.50 NOG'OB 00 1.00 aF PALk do APPROVED BY: U CITY OF PALM SPRINGS ENGINEERING DEPARTMENT CIF'cE �f• DAVID J. BARAKIAN, P.E. — CITY ENGINEER RCE 28931, EXP. 3/31/03 DESIGN BY: SCALE: FILE NO.: MLF 1" = 20' R-00-14 ATTRACTION BOARD PARCEL 3 CHECKED BY: DWG. NO.: SHEET NO.: DJB 1 1 OF 1 Exhibit "B-3" Attraction Board Parcel 3 ALL THAT PORTION OF BLOCK 27 AS SHOWN ON THE MAP OF PALM SPRINGS TOWN SITE, RECORDED IN BOOK 9, PAGE 432, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 3 AS DESCRIBED IN GRANT DEED TO JOHN WESSMAN RECORDED OCTOBER 28, 1998, AS INSTRUMENT NO. 465160 IN OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THENCE NORTH 89'52'00"EAST,ALONG THE SOUTH LINE OF SAID PARCEL3,A DISTANCE OF 11.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00'08'00"WEST, PARALLEL WITH THE WEST LINE OF SAID PARCEL"i, A DISTANCE OF 0.67 FEET; THENCE NORTH 89'52'00"EAST,PARALLEL WITH SAID SOUTH LINE,A DISTANCEOF 10.50 FEET; z THENCE SOUTH 00'08'00" EAST, PARALLEL WITH SAID WEST LINE, A DISTANCE OF.1.67 FEET; THENCE SOUTH 69'52'00" WEST, PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 10.50 FEET; THENCE NORTH 00'08'00"WEST, PARALLEL WITH SAID WEST LINE,A DISTANCE OF 1.00 FEET TO THE TRUE POINT OF BEGINNING. COMPRISING 18 SQUARE FEET MORE OR LESS. Q�,OFES�Q/O,�l {T Up EXHIBIT "B=4" OG� r 0� O� G 2� y�� 4 5 T.P.O.B. V 1 o M 0 W O _ O Z G� DETAII 2' SCALE: 1" = 4' SCALE 1" 20' N89'52'00'E 62.12' s PARCEL 1 PER INST. NO. 465160 N00'08'00"W, 21.00' RECORDED 10/28/98 4 SEE DETAIL HEREON T.P.O.B. 6 0' q, 1 FESSKw,_ 8,1 DELI BEARING RADIUS LENGTH TANGENT 1 N89'52'00"E 6.92 NOO'OB'00"W 2.50 N00'0800"W 1.25 4 $89'52'00"W 4.00 * No. C-28931 S00'08 00 E 1.25 Exp.0531-03 6 N89'52'O0 E 4,00 `r�qT C I V I1' P e Or- APPROVED BY: z CITY OF PALM SPRINGS �y ENGINEERING DEPARTMENT <IFOEn'1�� J RCE J. A MAN, P.E.3 CITY ENGINEER 31/ DESIGN BY: SCALE: FILE NO.: MLF 1" = 20' R-00-14 PLAZA THEATER EASEMENT PARCELA-* CHECKED BY: DWG, NO.: SHEET NO.: DJB 1 1 OF 1 III�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIII e1 zspe e13ee seD Exhibit "B-4" Attraction Board Parcel 4 ALL THAT PORTION OF BLOCK 27 AS SHOWN ON THE MAP OF PALM SPRINGS TOWN SITE, RECORDED IN BOOK 9,PAGE 432, RECORDS OF SAN DIEGO COUNTY,CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 1 AS DESCRIBED IN GRANT DEED TO JOHN WESSMAN RECORDED OCTOBER 28, 1998, AS INSTRUMENT NO. 465160 IN OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THENCE NORTH 89'52'00"EAST,ALONG THE SOUTH LINE OF SAID PARCEL 1,A DISTANCE OF 6.92 FEET; THENCE NORTH 00*08-00"WEST, PARALLEL WITH THE WEST LINE OF SAID PARCEL,1,A DISTANCE OF 2.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE, NORTH 00'08'00" WEST, A DISTANCE OF 1.25 FEET; THENCE SOUTH 89'52'00"WEST,PARALLEL WITH SAID SOUTH LINE,A DISTANCE OF 4.00 FEET; THENCE SOUTH 00'08'00" EAST, PARALLEL WITH SAID WEST LINE,A DISTANCE OF 1.25 FEET; THENCE NORTH 89'52'00" EAST, PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 4.00 FEET TO THE TRUE POINT OF BEGINNING. COMPRISING 5.00 SQUARE FEET MORE OR LESS. .q c � y J Y C•28S3 ; y Partnership for the Performinc Arts Courtyard Sub-Lease AGREEMENT #437C R1224, 7-30-03 SUB-LEASE AGREEMENT BY AND BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AND THE PARTNERSHIP FOR THE PERFORMING ARTS, LP (COURTYARD) In consideration of their respective agreements herein contained, the Commnunity Redevelopment Agency of the City of Palm Springs, a public entity ("Lessee"), subleases to the Partnership for the Performing Arts L.P., a California limited partnership ("Sub-lessee"), those certain premises in the City of Palm Springs, County of Riverside, State of Califoniia, more particularly described in that certain Restated and Amended Lease Agreement ("Courtyard") dated July 30, 2003 by and between John Wessman, Trustee of the Wessman Fancily Trust, and the Community Redevelopment Agency of the City of Palm Springs, a public body, corporate and politic ("Lessee"). In consideration of the payments to be made hereunder and the covenants and agreements contained herein, the parties hereto agree as follows: 1. Incorporation of Restated and Amended Lease Agreement "Courtyard"). Sub- lessee hereby agrees that all terns, covenants, and conditions of the Restated and Amended Lease Agreement are incorporated herein by this reference, with the exception of those terms set out specifically in this Sublease and shall bind the Sub-lessee, and be enforceable by the Lessee as against the Sub-lessee, with equal force as the Lessee is bound. 2. Term. c) Initial Term. The initial term of this Sublease ("Initial Term") shall commence on June 1, 2003 ("Commencement Date") and shall temunated on May 31, 2004. d) Option Term. As part of the consideration for the execution of this Sublease, Lessee hereby grants to Sublessee options to extend this Sublease for the following additional periods ("Extended Terms," individually "Extended Tern"), upon the same terms and conditions herein: 1. June 1, 2004 through May 30, 2005 2. June 1, 2005 through May 30, 2006 3. June 1, 2006 through May 30, 2007 4. June 1, 2007 through May 30, 2008 5. June 1, 2008 through May 30, 2009 6. June 1, 2009 through May 30, 2010 7. June 1, 2010 through May 30, 2011 8. June 1, 2011 through May 30, 2012 9. June 1, 2012 through May 30, 2013 10. June 1, 2013 through May 30, 2014 11. June 1, 2014 through May 30, 2015 12. June 1, 2015 through May 30, 2016 1003/005123049 v1I TO AMENDED AND RESTATED THEATER AND LEASE AGREEMENT 13. October 1, 2016 through September 30, 2017 14. October 1, 2017 through September 30, 2018 e) Sublessee must give notice to Lessee of its exercise of each option ("Option Notice") not less than one hundred and twenty (120) days prior to the expiration of the Initial Tenn or any Extended Term, as the case may be. If Sublessee is in default on the date of giving the Option Notice, the Option Notice shall be ineffective unless Sublessee cures such default with in 15 days of giving the Option Notice. If Sublessee is in default on the date the Extended Tenn commences, the Extended Tenn shall automatically terminate (on the date specified below) unless Sublessee has cured such default on or before the later to occur of the following: (4) The expiration of the applicable cure period (if any) following Sublessee's receipt of notice from Lessee or the default; or (5) The fifteenth (15`}`) day following the commencement of the Extended Term. f)The termination will be effective at 5:00 o'clock p.m. on the later of the dates specified above. In the event that Tenant should fail to give any Option Notice as provided above, the Sublessee's option to extend the term and any further option thereafter shall terminate and be of no further force and effect, without any further action by Lessee. Sublessee shalt not be pennitted to exercise its option for any subsequent Extended Tenn, unless Sublessee has exercised all previous options to extend the term of the Lease, unless Lessee waives such notice in writing. 2. Lessee shall provide Sub-lessee with any notices received from Lessor under the Business Property Lease or any notice pursuant to this Sublease Agreement at the following address: Mr. Riff Markowitz Partnership for Performing Arts, L.P. 125 E. Tahquitz Canyon Way, Suite 209 Palm Springs, CA 92262 With a copy to Slovak Baron&Empey, LLP 1800 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: David L. Baron, Esq. Notices from Lessor shall be provided as soon as reasonably practical and Sub- lessee shall have time to cure any defaults up to the amount of time that Lessee has under the Restated and Amended Lease Agreement for the Courtyard. 1003/005/23049 v8 _ TO AMENDED AND RESTATED THEATER AND LEASE AGREEMENT 3. Sub-lessee shall provide Lessee with written notice or demand of any kind pursuant to this Sublease Agreement, which may be mailed to: David H. Ready, Executive Director Cormnunity Redevelopment Agency of the City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92264 1003/005123049 v9 - - TO AMENDED AND RESTATED THEATER AND LEASE AGREEMENT 3. Sub-lessee shall provide Lessee with written notice or demand of any kind pursuant to this Sublease Agreement, which may be mailed to: David H. Ready, Executive Director Community Redevelopment Agency of the City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92264 with a copy to: David J. Aleshire, Agency Counsel Aleshire &Wynder, LLP 18881 Von Kalman, Suite 400 Irvine, CA 92612 4. Insurance. hi addition to all insurance requirements under the Restated and Amended Lease Agreement for the Courtyard, Sublessee shall name the City, the Agency and additional insured on its comprehensive liability policy to cover any injuries or damages to a person or property that may occur from Sub-Lessee's use of the premises. IN WITNESS THEREOF, the parties hereto have executed this Sublease as of the day and year first above written. DATED: July 30, 2003 "LESSEE" COMMUNITY REDEVELOPMENT AGENCY OF CITY OF PALM SPRINGS, GALIFORNIA public entity TT'- Agenc y Secretary ,4%lr:;T 2,,.)1�11`E;[:f) G 'UtIA*, Cowiiv'=dl�Nwv'���' APPROVED AS TO FORM: ---— -WIL—I IAm—s—��EaEN �yIP A(__6rACY BY RES. P;"moo LILLV�_✓l 'David J. Ales ir� U Agency Counsel "SUB-LESSEE" DATED: July 30, 2003 PARTNERSHIP FOR PERFORMING ARTS, LP, a California limited partnership, by Rifael Corporation, f3eneral Partner Riff Moowi resident of Rifael Corporation 1003/005/23049 v11 = TO AMENDED AND RESTATED THEATER AND LEASE AGREEMENT i 5 4{ d IT 7 .. 1 T,iT tl � •1 �(4 �1j A!�!�" Y �f kT 11TIT f Attraction Board 7 Attraction Board 2 4 Attraction Board 4 PLYT You IT 19 5 g , Courtyard Signs pax OFFIC UPENS sLPT, Attraction Board 3 :iilw54wv+rs�kLk�k�'i° x k.' ��Y/� 01, IT IT i 4 ,e k Trash Area Wessman Family Trust Courtyard Signage AGREEMENT #437C LEASE AGREEMENT R1161, 12-19-01 (COURTYARD SIGNAGE) This LEASE AGREEMENT ("Lease") is made and entered into this y ! day of G�r�l2i�1 c 2001 ("Effective Date"), by and between JOHN WESSMAN, TRUSTEE OF THE WESSMAN FAMILY TRUST, DATED NOVEMBER 16, 1998, a California corporation ("Lessor"), and the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public body, corporate and politic ("Lessee"). RECITALS A. Lessor is the owner of that certain real property commonly known as the Courtyard located at Palm Springs, California, including all improvements thereon existing as of the Lease Commencement Date. The Lessee wishes to lease three areas for signage in the Courtyard, which three parcels (Parcels 1, 2, and 3) are legally described in Exhibit "A" attached hereto (the "Site" - which includes all three parcels) and are illustrated in Exhibit`B." B. The Lessor wishes to make the Site available to Lessee and Lessee wishes to use such Site under the terms of this Lease to provide adequate signage to support the Plaza Theatre operations. AGREEMENT 1.0 LEASE. Lessor hereby leases and demises to Lessee and Lessee hereby hires from Lessor, for the term and upon the conditions set forth herein, the Site, as legally described in Exhibit "A." Further, Lessor hereby grants to Lessee an irrevocable non-exclusive license during the term of this Lease for ingress and egress, to and from the Site locations seven (7) days a week, twenty- four(24) hours a day. 2.0 LEASE TERM. 2.1 Lease Commencement Date. The Lease Commencement Date shall mean the date this Lease is executed by Lessee. 2.2 Lease Term. The Lease Term shall mean the period commencing upon the Lease Commencement Date and continuing for the period that Lessee provides or intends to provide for the operation of the theater. It is agreed that in the event operation of the theater is temporarily interrupted or discontinued, this lease shall continue so long as Lessee in good faith is attempting to cause the recommencement of theater operations, provided that Lessee shall give Lessor notice as soon as possible of Lessee's decision to permanently cease theater operations. Notwithstanding the foregoing, with respect to Parcel 3 only, the lease term for Parcel 3 shall terminate at the conclusion of the lease term and all extensions thereto for the Plaza Theatre between Lessee and Partnership for the Performing Arts, LP, or upon termination of the lease 1RV#15886 v1 -I- between Lessor and Partnership for the Performing Arts, LP for space within Plaza de las Flores, whichever occurs sooner, unless this lease is extended by the parties hereto with respect to Parcel 3. 2.3 Delivery of Possession. Lessor shall tender delivery of possession of the Site to Lessee within five (5)business days following the Lease Commencement Date. 3.0 RENT. Lessee shall pay to Lessor for the lease of the Site the sum of one dollar ($1.00) per year ("Annual Rent"), which sum shall be paid in advance on the Lease Commencement Date and each anniversary thereafter. 4.0 USE OF SITE. 4.1 Use of the Site. Lessee shall use the Site solely for the purpose of constructing, erecting and maintaining three signs as described in Exhibit "B" attached hereto and incorporated herein by this reference. 4.2 Compliance with Law. Lessee agrees that all operations and activities by or under Lessee on the Site shall be conducted in compliance with all applicable statutes, ordinances, orders, laws, rules and regulations, and the requirements of all federal, state and municipal governments and appropriate departments, commissions, boards and offices thereof, which may be applicable to the Site or to the use or manner of use of the Site. 5.0 ALTERATIONS MAINTENANCE AND REPAIRS. 5.1 By Lessee. The Lessee agrees, at its expense, to maintain all of the signs in good condition and repair, with the exception that if a sign is damaged by action of Lessor's agent, employee or invitee then Lessor shall contribute to the cost of repair. 5.2 Alterations. In the event that either prior to or during the Lease Term any alteration, addition, or change or otherwise to the Site, or any portion thereof, is required by law or regulation or rule, the same shall be made by Lessee, at Lessee's sole cost and expense. Subject to obtaining all requisite governmental permits and authorizations, Lessee shall have the right to make non-structural alterations to the signs constructed by Lessee upon the Site. 6.0 INSURANCE AND INDEMNITY. 6.1 Insurance Provided by Lessor. Lessor shall maintain fire and extended coverage insurance throughout the term of this Lease. Lessee understands that Lessor's coverages hereunder do not include Lessee's furniture, fixtures or merchandise. Lessee hereby waives any right of recovery from Lessor, its officers and employees, and Lessor 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. 6.2 Indemnification of Parties. The parties agree to indemnify each other, their 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, IRV#15886 vI -2- 0 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 the negligent performance of the work, operations or activities of each other, their agents, employees, subcontractors, or invitees, provided for herein, or arising from the use of the Site and the courtyard area by either parry or their employees and customers, or arising from the failure of Lessee to keep the Site in good condition and repair, as herein provided, or arising from the negligent acts or omissions of either party hereunder, or arising from either party'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 other party, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the other party, its officers, agents or employees, who are directly responsible to the other party, and in connection therewith: 7.0 TAXES. 7.1 Personal Property Taxes. Lessee agrees to pay, prior to delinquency, all taxes levied upon personal property, if any, including trade fixtures, and inventory, not owned by Lessor and kept on or about the Site by or under Lessee. 7.2 Real Property Taxes. Lessor agrees to pay all real property taxes (including any possessory interest taxes and special and ad valorem taxes) and assessments levied or assessed upon the Site. 8.0 CASUALTY DAMAGE. In the event the whole or any part of the sign improvements at the Site shall be damaged or destroyed by any casualty other than those for which the Lessor shall insure pursuant to Section 6.1, at any time during the Lease Term, Lessee shall have the right at its discretion to repair, restore and rebuild such improvements on the same plan and design as existed immediately prior to such damage or destruction and to the same condition that existed immediately prior to such damage. Lessee may cancel this Lease by giving written notice of its election to do so to Lessor within sixty (60) days after Lessee receives notice or acquires knowledge of such damage or destruction meeting described above. 9.0 ASSIGNMENT AND SUBLETTING. Lessor is in agreement that Lessee may sublease the Site to the Partnership for the Performing Art, LP and/or subsequent theater operators. 10.0 DEFAULT; TERMINATION. Either party may terminate this Lease upon a default by the other party. A party shall be in default under this Lease if that party fails to perform obligations required of it within a reasonable time, but in no event later than thirty (30) days after written notice from the other party, specifying wherein the nonperforming party has failed to perform such obligations; provided, however, that if the nature of the nonperforming parry's obligation is such that more than thirty (30) days are required for performance then the nonperforming party shall not be in IRv#15886 v l -3- 0 default if it commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. 11.0 QUIET ENJOYMENT. Lessor hereby warrants, represents and covenants that, Lessee may peaceably and quietly have, hold, occupy and enjoy the Site and all of the appurtenances thereto without hindrance or molestation from Lessor or those lawfully claiming an interest in or to the Site through or under Lessor. 12.0 MISCELLANEOUS. 12.1 Condemnation. In the event a condemnation or a transfer in lieu thereof results in a taking of any portion of the Site, Lessor 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 Site, Lessee may, upon written notice given within thirty (30) days after such taking or transfer in lieu thereof, terminate this Lease. 12.2 Surrender at End of Term. Any improvements built, constructed, or placed upon the Site by or under Lessee, other than Lessee's trade fixtures, equipment and personal property, shall remain on the Site and become the absolute property of Lessor without any cost to Lessor upon the termination of this Lease, whether by lapse of time or by forfeiture by reason of default provided that Lessee shall have the right to remove its trade fixtures, removable tenant improvements, equipment and personal property on or before expiration or earlier termination of this Lease,provided that Lessee repairs any damage occasioned by such removal. 12.3 Force Majeure. If either party is delayed, prevented or hindered from the performance of any covenant or condition of this Lease because of acts of the other parry, Acts of God, adverse weather conditions not reasonably anticipated, war, invasion, insurrection, acts of a public enemy, riot, mob violence, civil commotion, sabotage, labor disputes, inability to procure or general shortage of labor, materials, facilities, equipment or supplies on the open market, unusual delay in transportation, laws, rules, regulations or orders of governmental or military authorities, or any other cause beyond the reasonable control of the parties so obligated, whether similar or dissimilar to the foregoing, financial inability excepted, such performance shall be excused for the period of the delay, and the period for such performance shall be extended for a period equivalent to the period of such delay. 12.4 Waiver. No written waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Lease shall be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions and conditions hereof. Lessor's acceptance of any sum payable by Lessee to Lessor under this Lease while Lessee is in default under the terns of this Lease shall not constitute a waiver by Lessor of such default, other than a default by Lessee in payment of the sum so accepted by Lessor. Lessee shall not rely on any oral waiver and shall not rely on any course of conduct as a waiver of any provision of this Lease. Lessee may rely only on specific waivers confirmed in writing. 12.5 Notices. Whenever in this Lease it shall be required or permitted that notice or demand be given or served by either party to this Lease to or on the other, such notice or demand IRV#15886 vI -4- 0 shall be given or served and shall not be deemed to have been duly given or served unless said notice is in writing and is either personally served (including service by overnight courier) upon the person for whom intended or mailed, by registered or certified mail, with postage prepaid, addressed to the party for whom intended at the address that follows: Lessor: Wessman Family Trust c/o Wessman Development 1555 South Palm Canyon Drive, Suite G106 Palm Springs, CA 92264 Attn: John Wessman, Trustee Lessee: Community Redevelopment Agency of the City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: David H. Ready, Executive Director With a Copy to: David J. Aleshire, Esq. Burke, Williams & Sorensen, LLP 18301 Von Karman Avenue, Suite 1050 Irvine, CA 92612 Either Lessor or Lessee may change such address by notifying the other party in writing as to such new address as Lessee or Lessor may desire used and which new address shall continue as the address until further written notice. If any notice or demand is sent by mail as aforesaid, the same shall be deemed served or delivered three (3) days after the mailing thereof in the manner provided above. If any notice or demand is sent by overnight courier as aforesaid, the same shall be deemed served or delivered twenty-four (24) hours after deposit of the same with an overnight courier for delivery to the party to whom intended at the address provided above for such party pursuant to this Section. 12.6 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. Lessee acknowledges that no representations or warranties of any kind or nature not specifically set forth herein have been made by Lessor or its agents or representatives. 12.7 Inurement. Each of the covenants, conditions and agreements herein contained shall inure to the benefit of and shall apply to and be binding upon the parties hereto and their respective heirs, legatees, devisees, executors, administrators, successors, assigns, sublessees or any person who may come into possession of said Site or any part thereof in any manner whatsoever. Nothing in this Section shall in any way alter the provisions against assignment or subletting hereinabove provided. 12.8 Assignment by Lessor. In the event Lessor shall transfer or convey or be divested of its fee estate in and to the Site, and as a part of said transaction shall transfer, convey, IRV#15886 v1 -5- 0 assign or be divested of its interest as Lessor in and to this Lease, then from and after the effective date of said assignment, transfer, conveyance, divestiture or reverter and assumption of this Lease by the transferee, Lessor shall have no further liability, except for liabilities which shall have accrued and be unsatisfied as of such date, for all of which liabilities Lessor shall continue to be obligated notwithstanding any such assignment, transfer, conveyance, divestiture or reverter. 12.9 Severability. If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be valid and be in force to the ftillest extent permitted by law. 12.10 Authority of Lessor. Each individual executing this Lease on behalf of Lessor represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of Lessor and that this Lease is binding upon Lessor. 12.11 Lessee's Officers and Employees. 12.11.1 Non-liability of Officers and Employees. No officer, official, agent, contractor, or employee of Lessee shall be personally liable to Lessor, or any successor in interest, in the event of any default or breach by Lessor or for any amount which may become due to Lessor or to its successor, or for breach of any obligation of the terms of this Lease. 12.11.2 Conflict of Interest. No officer or employee of Lessee shall have any financial interest, direct or indirect, in this Lease nor shall any such officer or employee participate in any decision relating to this Lease which affects 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. 12.12 Non-Discrimination. There shall be no discrimination against or segregation of any person or group of persons on account of race, color creed, religion, sex, marital status, handicap, age, ancestry or national original in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Site herein leased nor shall the Lessee 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 lessees, sublessees, subtenants or vendees of the Site herein leased. 12.13 Real Estate Broker. Lessee and Lessor each represent and warrant to the other that it has not dealt with any real estate broker and knows of no real estate broker, agent, or finder that may claim a commission in connection with this Lease, Lessee and Lessor shall each indemnify, defend, and hold the other harmless from and against any claim for any broker's or finder's fee arising out of the acts or omissions of the indemnifying party. [End- Signature Page and Exhibits Follow] IRV#15886 v 1 -6- 0 IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease Agreement to be executed and to be effective as of day and year first hereinabove written. "LESSOR" JOHN WESSMAN, TRUSTEE OF THE WESSMAN FAMILY TRUST, DATED NOVEMBER 16, 1998 "LESSEE" COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS Executive Director ATTEST: Agency Secretary APPROVED AS TO FORM: ' Ageik ttorney [End of Signatures] IRV N15886 vl -7- EXHIBIT "A" ATTRACTION BOARD PARCEL 1 ALL THAT PORTION OF BLOCK 27 AS SHOWN ON THE MAP OF PALM SPRINGS TOWN SITE, RECORDED IN BOOKS, PAGE432, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNINGATTHE SOUTHWEST CORNER OF PARCEL 3AS DESCRIBED IN GRANT DEED TO JOHN WESSMAN RECORDED OCTOBER 28, 1998, AS INSTRUMENT NO. 465160 IN OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THENCE NORTH 89'52'00"EAST,ALONG THE SOUTH LINE OF SAID PARCEL 3,A DISTANCE OF 6.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, NORTH 89'52'00" EAST,A DISTANCE OF 1.50 FEET; THENCE NORTH 59'29'40" EAST, A DISTANCE OF 3.09 FEET; THENCE NORTH 00'08'00" WEST, PARALLEL WITH THE WEST LINE OF SAID PARCEL 3, A DISTANCE OF 1.21 FEET; THENCE SOUTH 59'29'40" WEST, A DISTANCE OF 4.83 FEET; THENCE SOUTH 00'08'00" EAST, PARALLEL WITH SAID WEST LINE, A DISTANCE OF 0.33 FEET TO THE TRUE POINT OF BEGINNING. COMPRISING 4 SQUARE FEET MORE OR LESS. a Pg, 1 of 2 EXHIBIT "A" ATTRACTION BOARD PARCEL 2 ALL THAT PORTION OF BLOCK 27 AS SHOWN ON THE MAP OF PALM SPRINGS TOWN SITE, RECORDED IN BOOK 9, PAGE 432, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 3 AS DESCRIBED IN GRANT DEED TO JOHN WESSMAN RECORDED OCTOBER 28, 1998, AS INSTRUMENT NO. 465160 IN OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THENCE NORTH 89'52'00"EAST,ALONG THE SOUTH LINE OF SAID PARCEL 3,A DISTANCE OF 46.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 59'29'40" EAST, A DISTANCE OF 2.00 FEET; THENCE SOUTH 30'30'20" EAST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 59'29'40" WEST, A DISTANCE OF 4.00 FEET; THENCE NORTH 30'30'20" WEST, A DISTANCE OF 1.50 FEET; THENCE NORTH 59'29'40" EAST, A DISTANCE OF 2.00 FEET TO THE TRUE POINT OF BEGINNING. COMPRISING 6 SQUARE FEET MORE OR LESS. VIM 3"31 s t avn 3/ l 1�M1 wr Pg. 2 of 2 EXHIBIT "A" ATTRACTION BOARD PARCEL 3 ALL THAT PORTION OF BLOCK 27 AS SHOWN ON THE MAP OF PALM SPRINGS TOWN SITE, RECORDED IN BOOK9, PAGE432, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 3 AS DESCRIBED IN GRANT DEED TO JOHN WESSMAN RECORDED OCTOBER 28, 1998, AS INSTRUMENT NO. 465160 IN OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THENCE NORTH 89'52'00"EAST,ALONG THESOUTH LINE OFSAID PARCELS,A DISTANCE OF 11.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00'08'00"WEST, PARALLEL WITH THE WEST LINE OF SAID PARCEL 3, A DISTANCE OF 0.67 FEET; THENCE NORTH 89'52'00"EAST,PARALLEL WITH SAID SOUTH LINE,A DISTANCE OF 10.50 FEET; THENCE SOUTH 00'08'00" EAST, PARALLEL WITH SAID WEST LINE, A DISTANCE OF 1.67 FEET; THENCE SOUTH 89'52'00" WEST, PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 10.50 FEET; THENCE NORTH 00'08'00"WEST, PARALLEL WITH SAID WEST LINE, A DISTANCE OF 1.00 FEET TO THE TRUE POINT OF BEGINNING. COMPRISING 18 SQUARE FEET MORE OR LESS. B1\` cq J��r o�fi�ci c_ � m t EXPs3 f i Exhibit "B" Description of Signs Attraction Board 1 Sign does not yet exist. BARBARA McNAIR t, I — It I I� 91 eI .J y- Attraction Board 2 1_j-dJY1 w ...� .y. .Y M aYr i6iiG'A BARBARA MMAIR r., y1 M I I ^'I3 Attraction Board 3 EXHIBIT "B " G� �O Gam. 0 G ry1 G�GG. GG•FV y0. OQ���knjL vi n 6 O 0 0 0 z DETAL SCALE: 1" = 4' SCALE 1" = 20' N89'52'00"E 62.12' 0 N d N 3 PARCEL 3 PER INST. NO. 465160 o RECORDED 10/28/98 ro 0 0 1 6 z 4 SEE DETAIL HEREON pFtOFESSKw y O Z DELTA/BEARING RADIUS LENGTH TANGENT 1 N8952'00"E 6.92 N89'52'00"E 1.50 * No. C-28931 N59'29'40 E 3.09 Exp.0✓31-03 4 N00'08'00'W 1.21 S>.yT of kv S59'29'40'W 4.83 F OF CAUL 6 S00'08'00"E 0.33 0 pALM SA APPROVED BY: i CITY OF PALM SPRINGS ENGINEERING DEPARTMENT �WZL G(1E�c1�P DAMD J. BARAKIAN, P.E. - CITY ENGINEER RCE 28931, EXP. 3/31/03 DESIGN BY: SCALE: FILE NO.: N1LF 1" = 20' R-00-14 ATTRACTION BOARD PARCEL 1 CHECKED BY: DWG. NO.: SHEET NO.: DJB 1 1 OF 1 Pg. 1 of 2 EXHIBIT "B " G� �O 0 G q 0 ui 6 n 0o y-,yA�O$'GD 4 0 00GC'`1y0 z 5Q 9`N DETAIL SCALE: 1" = 4' N89'52'00"E 62,12' N N PARCEL 3 PER INST. N0. 465160 3 RECORDED 10/28/98 SCALE 1" = 20' g SEE DETAIL HEREON o LAV A 'O 6� 4 N00'08'00"W, 16.50' PARCEL 2 PER INST. NO. 465160 RECORDED 10/28/98 N00'08'00"W, 23.60' N89'52'00"E 57.80' P(iOFEBSI . N00'08'00"W, 16.50' orb\0 J. BE BEARING RADIUS LENGTH TANGENT 1 N89'52'00"E 46,42 N89'52'00"E, 4.32' �c No. C-28931 N59'29'40"E 2.00 Exp.0331-03 S30'30'20 E 0 CIV1V., >�P 4 S59'29'40 4.0 4,00 9TF O: Cp1Y"' N30'30 20 1.50 6 N59'29'40 E 2.00 U0Q PALM SAw APPROVED BY: �� CITY OF PALM SPRINGS * ENGINEERING DEPARTMENT G<IFORN�P DAV1D J, BARMAN, P.E. - CITY Et4CINEER RCE 28931, EXP. 3/31/03 DESIGN BY: SCALE: FILE NO.: ATTRACTION BOARD PARCEL 2 MLF 1" = 20' R-00-14 CHECKED BY: DWG. NO.: SHEET NO.: DJB 1 1 OF 1 Pg. 2 of 2 EXHIBIT "B " Q G0' 3 4 00' Q 6 OEfAIL SCALE: 1" = 4' ry� G� �O 6 G�. G 0 !2 M 0 C3 ri o� GG�S GQ. 0 OQ��aKyry z 0� N89'52'00"E 62.12' N N 3 PARCEL 3 PER INST. N0. 465160 SCALE 1" = 20' m RECORDED 10/28/98 p o O• o Q• SEE DETAIL HEREON 1�Q G<Z- 6 N00'08'00"W, 16.50' PARCEL 2 PER INST. NO. 465160 RECORDED 10/28/98 NOO'08'00"W, 23.60' N89'52'00"E 57.80' �tOFFSSIQv,. `G J. BAgq� F N00'08'00"W, 16.50' DELI BEARING RADIUS LENGTH TANGENT N89'S2'00"E, 4.32' 1 N89'52'00"E 11.08 No. C-28931 NOO'08'00W 0.67 Exp.0331-03 N89'52'00"E 10.50 `rT C 1 V 1 4 S00'08'00"E 1.67 qTF OF CAU S89-52'00"W 10.513 6 NOO-08-00-W 1.00 of pALA19q APPROVED BY: CITY OF PALM SPRINGS ENGINEERING DEPARTMENT DAVID J. BARAKIAN, P.E. - CITY ENGINEER RCE 28931. EXP. 3/31/03 DESIGN BY: SCALE: FILE NO.: MLF 1" = 20' R-00-14 ATTRACTION BOARD PARCEL 3 CHECKED BY: DWG. NO.: SHEET NO.: DJB 1 1 OF 1 . . . . . . L . DATE(MM/DDNY) ac��i�epERT1IR CIF 1NSUA# E 03/19/02 :. PRODUCER Weingarten & Hough-Llc#0086542 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION P 0 Box 1866 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Palm Springs CA 92263 COMPANIES AFFORDING COVERAGE (760) 32S-2526 COMPANY INSURED A Allied Insurance Group COMPANY John Wessman B Wessman Development Company COMPANY MAR0 tf ? 1555 S . Palm Canyon Dr #G106 C Palm Springs CA 92262 COMPANY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NONYITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION/DO/ LIMITS LTR DATE(MM/DD/VV) DATE(MMYY) A GENERAL LIABILITY GENERAL AGGREGATE $2 , 0 0 01 O 0 0 X CCMMERCIAL GENERAL LIABILITY ACP7810673707 10/01/01 10/01/02 PRODUCTS-COMPIOPAGO $2 , 000 , 000 CLAIMS MACE 1K OCCUR PERSONAL&ADV INJURY $1, 000 , 000 OWNER'S$CONTRACTOR'S PROT EACH OCCURRENCE $1, 000 , 000 FIRE DAMAGE(Any one fire) S 100 , 000 MED DCP(Any one person) $ 5, 000 A AUTOMOBILE LIABILITY JXNCNOWNED UTO ACP7810673707 10/01/01 10/01/02 COMBINED SINGLE LIMIT $1, OOO , OOO WNED AUTOS DULEDAUTOS BODILY INJURY $ (Per person) AUTOS AUTOS BODILY INJURY S (Per accident) PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO / / OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S A EXCESS LIABILITY EACH OCCURRENCE S4 , 000 , 000 X UMBRELLA FORM CAA7800673707 10/O1/O1 10/0 1/02 AGGREGATE s4, 000, 000 OTHER THAN UMBRELLA FORM SIR S 10, 000 WORKERS COMPENSATION AND - STATUTORY LIMITS EMPLOYERS'LIABILITY THE PROPRIETOR/ EACH ACCIDENT $ PARTNERS/EXECUTIVE INCL DISEASE-POLICY UMIT $ OFFICERS ARE: D(CL DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Operations of the insured for the certificate holder. Certificate holder is named as an additonal insured per the attached endorsement . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Of Palm Springs EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 7,jPx"IXx(X MAIL Attn : Barbara White 3 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3200 E . Tahquitz Canyon WayXypa�7o�ryp�Lxs�k�kk9t7FFkJCJFXAi+Rx9p9PRRiR9IRstk7k�X Palm Springs CA 92262 NT6xx� �7axs�esto iraxs AUTHORIZED REP NTATIVE "mACt31�Gk;C<7RPi313AM4N�993` POLICY NUMBER: ACP7810673707 • COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF PALM SPRINGS, CITY CLERK 3200 TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. Copyright, Insurance services Office, Inc , 1984 CG 20 26 (11.85) ACP GLA07810673707 7888 01248 AGENT COPY 78 003757