HomeMy WebLinkAbout00357C - GLADYS MCMILLAN DAVES JEWELRY LOAN PAWN SHOP 265 INDIAN N r
LEASE
By and Between
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
and
Gladys B. McMillan
[Multi—Tenant Building/Multi—Year Lease)
C/276/PS MASTERS/37 4/14/92
2.yi
I
TABLE OF CONTENT
Section
Pace
1.0 LEASE SUMMARY I
2.0 TERM 2
2.1 Initial Term 2
2.2 Option Term 2
2.3 Time 2
2.4 Force Majeure 2
2.5 Termination by Landlord 2
2.6 Holding Over 2
3.0 RENTAL 2
3.1 Monthly Rental 2
3.2 Percentage Rental 2
3.3 Additional Rental 3
3.4 Cost of Living Adjustment 3
3.5 'Real Property Taxes 4
3.6 Personal Property Taxes 4
3.7 Utilities
3.8 Late Payment 4
3.9 Interest 4
3.10 Security Deposit 4
4.0 USE OF THE PREMISES 5
4.1 Permitted Use 5
4.2 Prohibited Uses 5
4.3 Compliance with Laws 5
4.4 Signs 5
4.5 Hours of Business 5
4.6 Charitable Leases 6
4.7 Rules and Regulations 6
4.8 Downtown Business Improvement District 6
5.0 PARKING AND COMMON AREAS 6
5.1 Definitions 6
5.2 Maintenance of Common Areas 6
6.0 ALTERATIONS AND REPAIRS 7
6.1 Alterations and Fixtures 7
6.2 Maintenance and Repair 7
6.3 Free from Liens 8
6.4 Reservation of Right to Modify Property 8
6.5 Construction Obligations 8
7.0 INSURANCE AND INDEMNIFICATION 8
7.1 Insurance Provided by Landlord 8
7.2 Insurance Provided by Tenant s
7.3 Indemnification of Landlord 9
0.0 ABANDONMENT AND SURRENDER 10
8.1 Abandonment 10
8.2 Surrender of Lease 10
9.0 DAMAGE AND DESTRUCTION OF PREMISES 10
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1
10.0 ASSIGNMENT AND SUBLETTING '10
11.0 DEFAULT AND REMEDIES 11
11.1 Default by Tenant 11
11.2 No Waiver 12
11.3 Landlord's Default 12
12.0 CONDEMNATION 12
13.0 MISCELLANEOUS 13
13.1 Entry and Inspection 13
13.2 Estoppel Certificate 13
13.3 Jurisdiction and Venue 13
13.4 Partial Invalidity 13
13.5 Successors in Interest 13
13.6 No Oral Agreements 13
13.7 Authority 13
13.0 Relationship of Parties 14
13.9 Nondiscrimination 14
13.10 Notices 14
13.11 Waiver 14
13.12 Exhibits and Addendum 14
Exhibit "A" - Legal Description of Property
Exhibit "B" - Plot Plan of the Property Showing Location
of Demised Premises
Exhibit "C" - Estoppel Certificate
Exhibit "D" - Rules and Regulations
Exhibit "E" - Construction Obligations
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Gladys B. McMillan dba
• • Dave's Jewelry & Loan
2-yr Lease-No Extensions
AGREEMENT #357C
R987 , 9-6-95
LEASE
THIS LEASE ("Lease") is made and entered into this 6, day of :� ; A� 19 �J, by and
between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS,a public body, corporate and politic
("Landlord"), and _ Gladys B. McMillan
("Tenant").
1.0 LEASE SUMMARY. Certain fundamental lease provisions are presented in this Section and represent
the agreement of the parties hereto, subject to further definition and elaboration in the respective
referenced Sections and elsewhere in this Lease. In the event of any conflict between any fundamental lease
provision and the balance of this Lease, the latter shall control. References to specific Sections are for
convenience only and designate some of the Sections where references to the particular Fundamental lease
provisions may appear.
1.1 Property: The term "Property" as used herein shall refer to that certain real property
located in the County of Riverside, State of California, as more particularly described in Exhibit "A"
hereof together with the improvements located thereon.
1.2 Demised Premises: The "Demised Premises" consist of the area generally crosshatched on the
Plot Plan attached as Exhibit "B" hereof.
Approximate Floor Area of Premises: —2,090— square Feet; approximate frontage:
25 feet; approximate depth: 80 feet (said measurements being to the center of
interior separation partitions and the outside of exterior walls).
1.4 Lease Commencement Date: October 1, 1995 Term: 2 years (See Section 2.1).
h 1.5 Extension Options: NO options for a term of years each. (See Section 2.2)
'' 0 �C'1�✓' __d.
1.6 Monthly Rental: (See Section 3.1). Percentage Rental: %
per month of Tenant's gross sales. (See Section 3.2).
1
Z ��'0�.DtJA.1.7 Security Deposit: Ec (See Section 3.10).
1.0 Use of Demised Premises: Pawn Shop and Antiques Sales
(See Section 4.1).
1.9 Tenant's Address for Notices:
Dave's Jewelry and Loan
1.10 If Section 4.6 of this Lease relating to charitable leases is applicable, please, mark he e
If Section 4.6 is applicable, the fair market rental value or the Demised Premises is $ , 1.00/sd. t/mOnt
C/276/PS MASTERS/36 4/14/92
2.0 TERM.
2.1. Initial Term. The initial term of this Lease shall commence on the date specified in Section
k1.4 ("Commencement Date") and continue for the period specified therein unless earlier terminated as
provided herein, including but not limited to the provisions of Section 10.0 hereof.
-�.2r-Option Term.---Tenant is-gi.ven.�.thea-opt-ion(seta-Px.tendmthe-tPrm�on_.all_of the-prav-i-saons--
-contained--in-th-isztrase•--for---the-Mriod-�speci-Fied--irt Sec.tion_1 5.._.("extended-term")---fo-1•lvwing--t-he�xp-iret-ion-
fF-the--ln-i-tial-term-or-any--ot-her-ext-endedaterm-proper-ky-exert-used-hereunder;--by-g-i-v-ing-notieerof exert-i-se-of-
lvilext-ended-term�
he-opt-leer--("option-not8ee-"-)�-tn-Landlord-at l.ea-st-one-hundr-ed-twen�y-(]�-day3-bu-tsnot-mor-e�than-si-x--(6k=
onths--bef-or-e--the-expiration--of the i•ni-tial--,term-or=--any-n.ther--ex-tended-ter-m-pr-oper-1y-exer-ci-sed--hereunder
r-ovided=-that.,if-•Tenant=-i•s--in---defau-li-tn-the-da gi te-of- -wing•-the-eption--not-kL-, tile-option-notice-shall---be-
otally--i•neffect}ve.,---or-4f Tenant•i-s�-in-defau-l-tson-the--date--the-extended-=term.--is--to'-commence;the-ex-tended•-
erm.--sha•11Fnot--cemmenee-arid--thi-saLease6shal-l--exptremat-the-end-of fthe-in-itial�--ter-m-•or-Pr-ope.rl-y--exercised-.
2.3 Jim. Time is of the essence of this Lease.
2.4 EQue MAieure. If either party hereto shall be delayed or prevented from the performance of
any act required hereunder by reason of Acts of God, strikes, lockouts, labor troubles, inability to procure
materials, restrictive governmental laws or regulations or other cause without fault and beyond the control
of the party obligated (financial inability excepted), performance of such act shall be excused for the
period of the delay and the period for the performance of any such act shall be extended for a period
equivalent to the period of such delay, provided such party provides the other party written notice of such
event within ten (10) days of the commencement of the delay; provided, however, nothing in this Section
contained shall excuse Tenant from the prompt payment of any rental or other charge required of Tenant
hereunder except as may be expressly provided elsewhere in this Lease.
2.5 Termination Ny andlord. Landlord shall have the right to terminate this Lease effective on
any anniversary of the Commencement Date, with or without cause, by providing Tenant with at least sixty
(60) days advance written notice. If Landlord terminates this Lease pursuant to this Section, Landlord
shall pay Tenant the unamortized portion of the Improvement Costs that are amortized pursuant to Section
6.1. if Landlord terminates this Lease as provided in this Section, Tenant hereby waives any right to
receive any other compensation from Landlord, including, but not limited to, the value of Tenant's leasehold
interest, loss of goodwill and relocation benefits, inverse condemnation or the taking of property and
Landlord shall have no obligation to pay Tenant therefor.
2.6 holding Over. Any holding over after the expiration of the term of this Lease, with the
consent of Landlord, express or implied, shall be construed to be a tenancy from month to month, cancellable
upon thirty (30) days written notice, and at a rental equal to one hundred fifty percent (150%) of the last
applicable Monthly Rental and upon terms and conditions as existed during the last year of the term hereof.
3.0 RENTAL.
3.1 Monthly Ren . Tenant shall pay to Landlord, during the term of this Lease from and after
the Commencement Date as monthly rental ("Monthly Rental") for the Oemised Premises the sum specified in
Section 1.6 hereof, which sum shall be paid in advance on the first day of each calendar month. In the
event the Commencement Date does not occur on the first day of a calendar month, the Tenant shall pay the
rental for the fractional month on the Commencement Date on a per diem basis (calculated on a thirty-day
month). All rental to be paid by Tenant to Landlord shall be in lawful money of the United States of
America and shall be paid without deduction or offset, prior notice or demand at the address designated in
Section 13.10 hereof.
ft2- r--- n age-R n -1:
e(-a)-1n-addi-ti.on--t-o-the-Monthly Rent.a-l-he.rei-naboa-a-ag.r-eed-to-be--pa-id-by Lenant,._Tenant_sha.11-
and-wild--pey-to-Landlord--at-the -timestn"r4�ere-i.n-spec4ffi.ed-a.n_addi.Li.onal_.r_en.taL-
om tim�cs-refErrett--t6-Yfere-Pir as-'"pETcMtage-rert`V-•)-a-sIIm.....e�ua`l._to�-the-d-iffere,rce-betweem=(-A)-
the--product--ofp-tire-Percentage-Rent-al--Ra-te--spec4f4ed-ifv---St�on-1-.6-above-,t-imes--the=-amours"F-.
Fenant!-s-gross-sa-le-s-made in,--upon,-or--f-r-om-the-=Oem-i-sed.-P.eemi-ses=du ing•�eaelt-month-ef-the--ter,
hereof less-Efi} the-aggregates--=am mA—o the.-Monthly-Renter-1-prev4ousTy-paid-by-T-enaat-for sa-id-
.month.•
2
VCbT Within fifteen (15) days after the end of each calendar month of the term hereof;
commencing with the fifteenth (15th) day of the month following the Commencement Date, and ending
with\t�e fifteenth (15th) day of the month next succeeding the last month of the Lease/term,
Tenant shall furnish to Landlord a statement in writing, certified by Tenant to be,(correct,
showing t70 total gross sales made in, upon, or from the Demised Premises during theepreceding
calendar month (or fractional month at the beginning of the term if the Commencement.0ate is other
than the firs t+ ay of a month), and shall accompany each such statement with a payment to Landlord,
equal to said ii entage of the total monthly gross sales made in, upon, or/from the Demised :
Premises during ealh calendar month, less the Monthly Rent for each such `calendar month (or
fractional month, if%pplicable), if previously paid.
(c) The term "gross ales" as used herein means the total gross peceipts of all goods, wares
and merchandise sold and lea ed including the actual charges for all/services performed by Tenant
and fees charged by Tenant an by anyone including any subtenant licensee or concessionaire in,
at, from, or arising out of the a of the Demised Premises, wfether wholesale or retail, whether
for cash or credit, or otherwise,\and including the value o all consideration other than money
received for any of the foregoing, without reserve oruction or inability or failure to
collect, including but not limited to sa es, leases and services. Each installment or credit sale)
shall be treated as a sale for the ful price in ,khe month during which such sale is made, '
irrespective of whether or when Tenant rece des payment therefor. Gross sales shall include any
amount allowed upon any "trade-in," the full r@ a•slFprice of any merchandise delivered or redeemed
for trading stamps or coupons and all deposits notrefunded to purchasers. Gross Sales shall note
include sales taxes, so-called luxury taxescon mers excise taxes, gross receipts taxes and ,
other similar taxes now or hereafter imposed upon the kale of merchandise or services, but only if
collected separately from the selling/rice of merchandise or services and collected from
customers.
(d) The Tenant shall keep a the Demised Premises (an alll require any permitted subtenant )
to keep at the Demised Premis 11, complete and proper boo s, records and accounts of its
daily gross sales, both for cash and on credit, at any time operate in the Demised Premises. The
Landlord and its agents and"�employees shall have the right at any and all times, during regular
business hours, to exams a and inspect all of the books and records of\tlie Tenant, including any
sales tax reports pert ining to the business of the Tenant conducted in, upon, or from the Demised
Premises, for theurpose of investigating and verifying the accuracy of ally statement of gross
sales and to taus an audit of the business of Tenant to be made by a certifi@ public accountant
of Landlord's lection. If the statement of gross sales previously made to ndlord shall be '
found to be accurate, then and in that event, there shall be an adjustment and pe party shall
pay to the"ther on demand such sums as may be necessary to settle in full the accurate amount of
sa/h *
entage rental that should have been paid to Landlord for the period or periods'\�,overed by
sucurate statement or statements. If said audit shall disclose an inaccuracy of greater
the percent (3%) error with respect to the amount of gross sales reported by Tenant fob the
pg said report, then the Tenant shall immediately pay to Landlord the cost of such au hit; '
j.otherwise, the cost of such audit shall be paid by Landlord.
1�
3.3 Additional Rental. For purposes of this Lease, all monetary obligations of Tenant under this
Lease, including, but not limited to, insurance premiums, property taxes, maintenance expenses, late charges
and utility costs shall be deemed to be additional rental.
3.4 (ost of living Adiis menL. Upon each anniversary date of the Commencement Dale or if the
Commencement Date is not on the first day of a month, then on the first day of the next calendar month, the
Monthly Rental shall be adjusted in proportion to changes in the Consumer Price Index. Such adjustment
shall be made by multiplying the original Monthly Rental by a fraction, the numerator of which is the value
of the Consumer Price Index for the calendar month three (3) months preceding the calendar month For which
such adjustment is to be made and the denominator of which is the value of the Consumer Price Index for the
same calendar month immediately prior to Commencement Date. For example, if the adjustment is to occur
effective June 1, 1989, the index to be used for the numerator is the index for the month of March 1989 and
the index to be used for the denominator is the index For the month of March preceding the Commencement
Date. However, in no event shall the rent be reduced below the Monthly Rental in effect immediately
preceding such adjustment. The "Consumer Price Index" to be used in such calculation is the Sonsumer Price
Index All Urban oncyme_rs (All It3m_cl For the lot Angeles-Asheim_Riverside Idgtrouolitan Area, published
by the United States Department of Labor, Bureau of Labor Statistics (1982-84 = 100). If both an official
index and one or more unofficial indices are published, the official index shall be used. If said Consumer
3
Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index.
3.5 Real Prnper y Tam. In addition to ail rentals herein reserved, Tenant shall either pay
directly to the taxing authority or pay to Landlord, at the election of Landlord, annual real estate taxes
(including possessory interest taxes) and assessments levied upon the Demised Premises and a pro rata share
of annual real estate taxes and assessments levied upon the parking and common areas of the Property, if
any, as well as taxes of every kind and nature levied and assessed in lieu of, in substitution for, or in
addition to, existing real property taxes no less than twenty (20) days prior to the delinquent date or, if
Landlord rather than Tenant receives the tax bill, ten (10) days after receipt of a tax statement from
Landlord, whichever is later. Even though the term of this Lease has expired and Tenant has vacated the
Demised Premises, when the final determination is made of Tenant's share of such taxes and assessments,
Tenant shall immediately pay to Landlord the amount of any additional sum owed.
3.6 Personal Property Tam. During the term hereof Tenant shall pay prior to delinquency all
taxes assessed against and levied upon fixtures, Furnishings, equipment and all other personal property of
Tenant contained in the Demised Premises, and when possible Tenant shall cause said fixtures, furnishings,
equipment and other personal property to be assessed and billed separately from the real property of
Landlord.
3.7 Utilities. Tenant shall pay before delinquency all charges for water, gas, heat,
electricity, power, sewer, telephone service, trash removal (unless included in the expenses to maintain the
common and parking areas) and all other services and utilities used in, upon, or about the Demised Premises
by Tenant or any of its subtenants, licensees, or concessionaires during the term of this Lease.
3.0 Late Pavm9nt,. Tenant hereby acknowledges that late payment by Tenant to Landlord of rental
or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact
amount of which is extremely difficult to ascertain. Such costs include, but are not limited to, processing
and accounting charges. Accordingly, any payment of any sum to be paid by Tenant not paid when within five
(5) days of its due date shall be subject to a five percent (5%) late charge. Landlord and Tenant agree
that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation
to Landlord for its loss suffered by such late payment by Tenant. .
3.9 Intuec_t. Any sum to be paid pursuant to the terms of this Lease not paid when due shall
bear interest from and after the due date until paid at a rate equal to three percent (3%) over the
reference rate being charged by Bank of America, N.A. from time to time during such period so long as the
rate does not exceed the maximum non-usurious rate permitted by law in which case interest shall be at the
maximum non-usurious rate allowed by law at the time the sum became due.
3.10 5UU ity De_oocit. Tenant contemporaneously with the execution of this Lease, has deposited
with Landlord the sum specified in Section 1.7 hereof, receipt of which is hereby acknowledged by Landlord,
said deposit being given to secure the faithful performance by the Tenant of all terms, covenants, and
conditions of this Lease by the Tenant to be kept and performed during the term hereof. Tenant agrees that
if the Tenant shall fail to pay the rent herein reserved or any other sum required hereby promptly when due,
said deposit may, at the option of the Landlord (but Landlord shall not be required to) be applied to any
rent or other sum due and unpaid, and if the Tenant violates any of the other terms, covenants, and
conditions of this Lease, said deposit may, at Landlord's option, be applied to any damages suffered by
( Landlord as a result of Tenant's default to the extent of the amount of the damages suffered.
Nothing contained in this Section shall in any way diminish or be construed as waiving any of the
Landlord's other remedies as provided in Section 11.1 hereof, or by law or in equity. Should the entire
security deposit, or any portion thereof, be appropriated and applied by Landlord For the payment of overdue
rent or other sums due and payable to Landlord by Tenant hereunder, then Tenant shall, on the written demand
of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore said security deposit to its
original amount, and Tenant's failure to do so within five (5) days after receipt of such demand shall
constitute a breach of this Lease. Should Tenant comply with all of the terms, covenants, and conditions of
this Lease and promptly pay all of the rental herein provided for as it falls due, and all other sums
payable by Tenant to Landlord hereunder, said security deposit shall be returned in full to Tenant at the
end of the term of this Lease, or upon the earlier termination of this Lease as specified herein except in
the event the Demised Premises are sold as a result of the exercise of any power of sale under any mortgage
or deed of trust, in which event this Lease shall be automatically amended to delete any reference to this
Section and Tenant shall be entitled to immediate reimbursement of its security deposit from the party then
holding said deposit.
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4.0 USE OF THE PREMISES.
4.1 Permitted Use. The Landlord hereby leases to Tenant and Tenant hereby hires from Landlord
the Demised Premises with appurtenances as defined herein, for the purpose of conducting thereon only the
use specified in Section 1.0 of this Lease and for no other uses.
4.2 Prohibit€d c s. Tenant shall not sell or permit to be kept, used, displayed or sold in or
about the Demised Premises (a) pornographic or sexually explicit books, magazines, literature, films or
other printed material, sexual paraphernalia, or other material which would be considered lewd, obscene or
licentious, (b) any article which may be prohibited by standard Forms of Fire insurance policies, or (c) any
alcoholic beverages unless expressly permitted by Section 1.8 hereof. Tenant shall not use, or permit' to be
used, the Demised Premises or any part thereof for the installation or on-premises use of any vending
machine, gaming machine or video or arcade game unless expressly permitted by this Lease.
4.3 Ogmnlianre with nwc, Tenant shall, at his sole cost and expense, comply with all of the
requirements of all municipal, state and federal authorities now in force or which may hereafter be in force
pertaining to the use of the Demised Premises, and shall faithfully observe in said use all municipal
ordinances, including, but not limited to, the General Plan and zoning ordinances, state and federal
statutes, or other governmental regulations now in force or which shall hereinafter be in force. Tenant's
violation of law shall constitute an incurable default under this Lease. The judgment of any court of
competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether
Landlord be a party thereto or not, that Tenant has violated any such order or statute in said use, shall be
conclusive of that fact as between the Landlord and Tenant.
Tenant shall not engage in any activity on or about the Demised Premises that violates any
Environmental Law, and shall promptly, at Tenant's sole cost and expense, take all investigatory and/or
remedial action required or ordered by any governmental agency, Landlord or Environmental Law for clean-up
and removal of any contamination involving any Hazardous Material created or caused directly or indirectly
by Tenant. The term "Environmental Law" shall mean any federal, state or local law, statute, ordinance or
regulation pertaining to health, industrial hygiene or the environmental conditions on, under or about the
Demised Premises, including, without limitation, (i) the Comprehensive Environmental Response, Compensation
and Liability Act of 198o ("CERCLA"), 42 U.S.C. Sections 9601 gt sea.; (ii) the Resource Conservation and
Recovery Act of 1976 ("RCRA"), 42 U.S.C. Sections 6901 gt 5gq•; (iii) California Health and Safety Code
Sections 25100 gt SEq.; (iv) the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health
and Safety Code Section 25249.5 gL 5eq.; (v) California Health and Safety Code Section 25359.7; (vi)
California Health and Safety Code Section 25915; (vii) the Federal Water Pollution Control Act, 33 U.S.C.
Sections 1317 gt 5€q.; (viii) California Water Code Section 1300 _et 5gq.; and (ix) California Civil Code
Section 3479 ja SEq•. as such laws are amended and the regulations and administrative codes applicable
thereto. The term "Hazardous Material" includes, without limitation, any material or substance which is (i)
defined or listed as a "hazardous waste", "extremely hazardous waste", "restrictive hazardous waste" or
"hazardous substance" or considered a waste, condition of pollution or nuisance under the Environmental
Laws; (ii) petroleum or a petroleum product or Fraction thereof; (iii) asbestos; and/or (iv) substances
known by the State of California to cause cancer and/or reproductive toxicity. It is the intent of the
parties hereto to construe the terms "Hazardous Materials" and "Environmental Laws" in their broadest sense.
Tenant shall provide all notices required pursuant to the Safe Drinking Water and Toxic Enforcement Act of
1986, California Health and Safety Code Section 25249.5 id Sgq, Tenant shall provide prompt written notice
to Landlord of the existence of Hazardous Substances on the premises and all notices of violation of the
Environmental Laws received by Tenant.
4.4 C7y' . Tenant shall not place or permit to be placed any sign that is not in compliance with
the sign ordinance of the Landlord upon the exterior or in the windows of the Demised Premises. Any sign
not constructed ,in accordance therewith shall be immediately removed by Tenant and, if said sign is not
removed by Tenant within ten (10) days of written notice from Landlord to Tenant, then Landlord may remove
and destroy said sign without Tenant's approval and without any liability to Tenant.
4.5 Hours of Disinecc, Subject to the provisions of Section 9.0 hereof, Tenant shall
continuously during the entire term hereof conduct and carry on Tenant's business in the Demised Premises
and shall keep the Demised Premises open for business and cause Tenant's business to be conducted therein
during the usual business hours of each and every business day as is customary for businesses of like
character to be open for business in the county in which the Demised Premises are located. In no event,
however, shall such hours of being open for business be less than (a) 9:00 a.m. through 6:00 p.m. at least
five days per week or (b) the hours of 70% of the number of tenants in the Property; .provided, however, that
this provision shall not apply if the Demised Premises should be closed` and the business of Tenant
18�9
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/�1410
temporarily discontinued therein on account of strikes, lockouts, or similar causes beyond the reasonable
control of Tenant. It is the intention of Landlord that the Demised Premises be open during evening hours
to promote business in the City of Palm Springs and, therefore, Tenant shall participate in any program
established by Landlord to provide evening shopping and entertainment, which program may be administered by
the Downtown Business Improvement District or such other entity that may be designated by the Landlord.
0 4.6 Ch,ri abl ,c c, The provisions of this Section are required by Resolution No. 14527_or_ .
the City-Council of the City of Palm Springs and shall only apply if so indicated in Section I.IQ, 'Tenant
hereby represents'a and warrants to Landlord that Tenant is exempt from federal income taxati�pursuant to
Internal Revenue Cod ,,ections 501(c)(1) and/or 501(c)(3) and that Tenant's use of tbe-Demised Premises as
specified in Section 1.0 ts',a tax exempt Function. Tenant hereby acknowledgess� at the Monthly Rent is
below fair market rental rates and-._that the Fair market rental value of,the property is as specified in
Section 1.10. Prior to the execution'of this Lease, Tenant has proid d Landlord with a proposed social
program for which the Tenant intends to u1 the Demised Premises("Program"). On each anniversary of the kl
Commencement Date, Tenant shall submit to Landlord ep ro in a form and content satisfactory to Landlord,
setting Forth Tenant's progress in meeting the provis of nS+o the Program during that year. If Landlord is ICI
not satisfied with the Tenant's performance ,-Laord may terminate this Lease upon thirty (30) days advance "
, written notice to Tenant or increase the Monthly Rent to the fair marks rental for the Demised Premises as
' specified in Section 1.10 (incr-e ed pursuant to Section 3.3, if appl'leable). If Landlord elects to
terminate this Lease, Landlord shall pay Tenant the unamortized he p pp
e. portion of the"tm rovement Costs which are y
amortized pursuant to^Section 6.1. If Landlord elects to terminate this Lease as provided in this Section, III
Tenant hereb,,waives any right to receive any other compensation from Landlord, including;but not limited
to, th lue of Tenant's leasehold interest, loss of goodwill, relocation benefits, inverse condemnation,
or--t a taking of property and Landlord shall have no obligation to pay Tenant therefore
1 4.7 Ra1e1_aud_ReauJALiQu. Tenant shall faithfully observe and comply with the rules and regula-
tions that Landlord shall from time to time promulgate and/or modify. The rules and regulations, if any,
are attached hereto as Fxhibit "D" ("Rules and Regulations"). Any amendment or modification of the Rules
and'Regulations shall be binding upon the Tenant upon delivery of a copy of such amendment or modification
to Tenant. Landlord shall not be responsible to Tenant For the nonperformance of any said rules and
regulations by any other tenants or occupants. The Rules and Regulations shall apply and be enforced as to
all tenants in the Property on a uniform basis.
i 0,-9owntownn0,c-in oc morov�mer t jl-r-c--r-i Tenant--shal-l--jo-inT--at its-sale-c-o-st-arid-e-xpense—the---
owntown-Busines"mpr-ovement-0.istriet-prior-tomthe-eommeneemefit-of-this-Lease-and-shaa-l-rema-tn-a-member—in-
.goo"tand-ing-throughout the--term--of--this-Leases
5.0 PARKING AND COMiON AREAS.
5.1 Definitions. The term "parking and common areas" as used herein shall mean those portions of
the Property that are from time to time established by Landlord as automobile parking areas, roadways,
walkways, landscaped areas, malls, service areas, and the like. During the term or this Lease and any
extension thereof. Landlord gives to Tenant for the use and benefit of Tenant, its agents, employees,
customers, licensees and subtenants a non-exclusive license in common with Landlord and other present and
future owners and tenants of the Property and their agents, employees, customers, licensees and subtenants,
and others authorized by Landlord to use the parking and common areas of the Property For ingress, egress
and automobile parking, provided that the condemnation or other taking by any public authority, or sale in
lieu of condemnation, of any or all of such parking and common areas shall not constitute a violation of
this covenant. Nothing herein contained shall be deemed to prevent Landlord from using or authorizing
others to use said parking and common areas.
5.2 Mai iet.enance of Common ALeU. During the entire term hereof, Landlord shall keep or cause to
be kept the parking and common areas as same are established and completed by Landlord in a good, neat,
clean and orderly condition, properly lighted and landscaped, and shall repair any damage to the Facilities
thereof as well as the exterior walls and roof of the Demised Premises as provided in Section 6.2. but all
expenses in connection with said parking and common areas shall be charged and prorated in the manner
hereinafter set Forth. Tenant agrees to pay to Landlord Tenant's pro rats share of the total expenses in
connection with the parking and common areas. Tenant's pro rats share of such expenses shall be that
portion of all such expenses which is equal to the proportion thereof which the number of square Feet of
gross floor area in the Demised Premises bears to the total number of square feet of gross leasable Floor
area of all buildings in the Property occupied as of the commencement of each calendar month. There shall
be an appropriate adjustment of Tenant's share of the expenses in connection with the parking and common
areas as of the commencement and expiration of the term of this Lease.
-6-
Upon the Commencement Date, or at any time thereafter. Landlord may submit to Tenant a statement
of the anticipated expenses in connection with the parking and common areas for the period between such Com-
mencement Date and the following December 31 and Tenant shall pay its pro rats share thereof in equal
monthly payments. Landlord may, at any time, increase or decrease such estimated payments in the event that
Landlord reasonably determines that such estimated payments are incorrect or the percentage to be allocated
to Tenant is adjusted. By March I of each year, Landlord shall endeavor to give Tenant a statement showing
the total expenses in connection with the parking and common areas for the prior calendar year and Tenant's
pro rata share thereof. In the event the total of the estimated payments which Tenant has made for the
prior calendar year are less than Tenant's actual share thereof, Tenant shall pay the difference in a lump
sum within ten (10) days after receipt of such statement Frain Landlord and shall concurrently pay an
additional amount to adjust any underpayment in the estimated payments for the current year. Any
overpayment by Tenant shall be credited towards the payment next coming due. Alternatively, Landlord may
elect to bill Tenant its pro rata share after the expenses have been incurred in which event Tenant's pro
rata share shall be based on actual expenses at such intervals as Landlord shall determine.
6.0 ALTERATIONS AND REPAIRS.
6.1 Alteration% and Fixtures.. Tenant shall not make, or suffer to be made, any alterations to
the Demised Premises, or any part thereof, or the building containing the Demised Premises or change the
appearance of the building containing the Demised Premises without the prior written consent of Landlord,
and any alterations to the Demised Premises, except movable furniture and trade fixtures, shall become at
once a part of the realty and shall at the expiration or earlier termination of this Lease belong to
Landlord. Tenant shall not in any event make any changes to the exterior of the Demised Premises. Any such
alterations shall be in conformance with the requirements of all municipal, state, federal, and other
governmental authorities, including requirements pertaining to the health, welfare or safety of employees or
the public and in conformance with reasonable rules and regulations of Landlord. Landlord may require that
any such alterations be removed prior to the expiration of the term hereof. Any removal of alterations or
furniture and trade fixtures shall be at Tenant's expense and accomplished in a good and workmanlike manner.
Any damage occasioned by such removal shall be repaired at Tenant's expense so that the Demised Premises can
be surrendered in a good, clean and sanitary condition as required by Section 6.2 hereof. Any and all
fixtures and appurtenances installed by Tenant shall conform with the requirements of all municipal, state,
federal, and governmental authorities including requirements pertaining to the health, welfare, or safety of
employees or the public. Upon completion of construction of the alterations, Tenant shall submit to
Landlord evidence satisfactory to Landlord of the cost of said alterations ("Improvement Costs"). The
Improvement Costs shall be amortized over the remaining initial term of this Lease on a straight line basis
for purposes of Sections 2.5 and 4.6.
6.2 Maintenan and Repair. Tenant shall, subject to Landlord's obligations hereinafter
provided, at all times during the term hereof, and at Tenant's sole cost and expense, keep, maintain and
repair the Demised Premises, Tenant's portion of the building containing the Demised Premises and other
improvements within the Demised Premises in good and sanitary order, condition, and repair (except as
hereinafter provided) including without limitation, the maintenance and repair of any store front, doors,
window casements, glazing, heating and air conditioning system, plumbing, pipes, electrical wiring and
conduits. Tenant shall also at its sole cost and expense be responsible for any alterations or improvements
to the Demised Premises necessitated as a result of the requirement of any municipal, state or federal
authority. Tenant hereby waives all right to make repairs at the expense of Landlord, and Tenant hereby
waives all rights provided for by the Civil Code of the State of California to make said repairs. By
entering into the Demised Premises, Tenant shall be deemed to have accepted the Demised Premises as being in
good and sanitary order, condition and repair, and Tenant agrees on the last day of said term or sooner
termination of this Lease to surrender the Demised Premises with appurtenances, in the same condition as
when received and in a good, clean and sanitary condition, reasonable use and wear thereof and damage by
fire, act of God or by the elements excepted. Tenant shall periodically sweep and clean the sidewalks
adjacent to the Demised Premises, as needed.
landlord-shall mantain�oed repo;" " exierie walla�r-0o€ and sidewa-lk-s, Tenant agrees that
tro"t4-1--T-enaTvt-ha"oti-fLi-ed
will not, nor will it authorize any person to, go onto the roof of the building of which the Demised
emises are a part without the prior written consent of Landlord. Said consent will be given only upon
ndlord's satisfaction that any repairs necessitated as a result of Tenant's action will be made by Tenant
Tenant's expense and will be made in such a manner so as not to invalidate any guarantee relating to said
of. Landlord shall not be required to make any repairs to the exterior walls, roof and sidewalks�pless.
-Landlord4fi-wri-ti F--the-need-f-�"uc4r-repairs-and--Landlord-shall-have-had a.
-ceasenable-per-iod-of-time the ea Ger to c�xnmence and eompaete id-r-epairsr
I PA k
6.3 Free From i ns. Tenant shall keep the Demised Premises, the building containing the Demised
ti Premises, and the property on which the Demised Premises are situated free from any liens arising out of any
work performed, material furnished, or obligation incurred by Tenant or alleged to have been incurred by
Tenant.
6.4 R rvai'ion of Rigf>to Modifv ProoerLv. Landlord hereby reserves the right (but not the
obligation) to renovate, modernize, rehabilitate, expand, reduce, reconfigure, enclose and/or otherwise
alter all or any portion of the Property (collectively "Modifications"), in such manner and at such time or
times, throughout the term of this Lease, as Landlord may, in its sole and absolute discretion, deem.to be
in the best interest$ of the Property. Such Modifications may include, without limitation, the right to
construct new buildings in the Property for additional retail, office, hotel and/or other uses, to remove,
renovate, repair, add to, modernize or otherwise, alter the building in which the Demised Premises are
situated as well as other buildings, facilities, structures, malls, walkways, landscaping, parking and
common areas or other areas within the Property. In connection with any and all such Modifications,
Landlord may enter the Demised Premises to the extent reasonably required by Landlord to pursue and complete
such Modifications. In addition, Landlord may temporarily close portions of the parking and common areas
and cause temporary obstructions in connection with any Modifications. Tenant agrees that under no
circumstances shall the Modifications as to any portion of the Property or the construction activity that
takes place in the course of making the Modifications, or any aspect thereof, including Landlord's entry
into the Demised Premises, constitute an eviction or partial eviction of Tenant or a breach of Tenant's
right to quiet enjoyment or of any other provision of this Lease, nor entitle Tenant to damages, injunctive
relief or other equitable relief, nor entitle Tenant to any abatement or reduction in the Monthly Rental,
additional rental or other charges or sums due under this Lease; provided Landlord uses reasonable efforts
to mitigate any adverse effects on Tenant caused by the Modifications.
6.5 Coostri ion 0,liga ions. Landlord and Tenant agree to construct the improvements to the
extent shown on the attached Exhibit " " ("Landlord's Work" and "Tenant's Work" as applicable) at each
party's sole cost and expense.
7.0 INSURANCE AND INDEMNIFICATION.
7.1 Insur_._avnce_Providedd by Land Qrd, Landlord shall maintain fire and extended coverage insurance
throughout the term of this Lease in an amount equal to at least ninety percent (90%) of the replacement
value of the building containing the Demised Premises, together with such other insurance, coverages and
endorsements as may be required by Landlord's lender, or as Landlord may determine in its sole discretion.
Tenant hereby waives any right of recovery from Landlord, its officers and employees, and Landlord 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. Tenant agrees to pay to Landlord its pro rata share of the cost of
said insurance to be determined by the relationship that the gross floor area of the Demised Premises bears
to the total gross leasable floor area of the building or buildings for which such policy relates.
7.2 Insurance Provided by Temp) ,
--T(a)—F�rnd�Pr va -—ienamt;ai-F-,imvvlved---im�•fovd-�-prepara#-ion--and- a-Tes—as---a--•-cafe,
-rest-aurant-,—or--sim-i-l-ar-use-;and/or-foodatakeeut--ser--v-ice-,sha-l-l—*sl-ai-1-a Tenants-exwnse.-.aA.y..
..£.i-r-e-pr-otecti-ve-systems-..i,n-gri4l-,--deep-f_r-3L,.,_and-,.cockia"reas--wb,ich-ace-.cequ r 4 ny ci-ty,Fcounty_
and---s-tate-=f#re-or-drnance-s end-suc4r-s-ys-tem-when=installed sha1-1-=quaaif-yrvtective-
-cred-its-a-llowed-by--the=Frr-e-insurance-ratin"nd-reguaater-y-body-a.n-wbo&er-jury sd4Et4on--the-Dem-ised
Rremrses-arm-lac�tt"d.•
(b) Te snt to Provide P r onal Property Inch nce, Tenant, at its expense, shall maintain
fire and extended coverage insurance written on a per occurrence basis on its trade fixtures,
equipment, personal property and inventory within the Demised Premises from loss or damage to the
extent of their full replacement value and shall provide plate glass coverage.
(c) During the entire term of this Lease, the Tenant
shall, at the Tenant's sole cost and expense, but for the mutual benefit of Landlord and Tenant,
maintain comprehensive general liability insurance insuring against claims for bodily injury,
death or property damage occurring in, upon or about the Demised Premises and on any sidewalks
directly adjacent to the Demised Premises written on a per occurrence basis in an amount not less
than either (i) a combined single limit of ONE MILLION DOLLARS (E1,000,000.00) for bodily injury,
death, and property damage or (ii) bodily injury limits of $250,000.00 per,person, $500,000.00 per
occurrence and $500,000.00 products and completed operations anb property damage limits of
-D-
$100.000.00 per occurrence and $250,000.00 in the aggregate; provided, however, if Landlord so
elects Landlord may provide such insurance and, in such event, Tenant agrees to pay its pro rata
share of the cost of said insurance on the same basis as provided in Section 7.1 above.
(d) Tenant Lo Provide Work r' omoen<-tio_ n [ncur`�e, Tenant shall, at the Tenant's sole
cost and expense, maintain a policy of worker's compensation insurance in an amount as will fully
comply with the laws of the State of California and which shall indemnify, insure and provide
legal defense for both the Tenant and the Landlord against any loss, claim or damage arising from
any injuries or occupational diseases occurring to any worker employed by or any persons retained
by the Tenant in the course of conducting Tenant's business in the Demised Premises.
(e) General Provisions Aooli�e o T n nt's_In�sncE. All of the policies of insurance
required to he procured by Tenant pursuant to this Section shall be primary insurance and shall
name the Landlord, its officers, employees and agents as additional insureds. The insurers shall
waive all rights of contribution they may have against the Landlord, its officers, employees and
agents and their respective insurers. All of said policies of insurance shall provide that said
insurance may not be amended or cancelled without providing 30 days prior written notice by
registered mail to the Landlord. Prior to the Commencement Date or such earlier date as Tenant
takes possession of the Demised Premises for any purpose; and at least 30 days prior to the
expiration of any insurance policy, Tenant shall provide Landlord with certificates of insurance
or appropriate insurance binders evidencing the above insurance coverages written by insurance
companies acceptable to Landlord, licensed to do business in the state where the Demised Premises
are located and rated A:VII or better by Best's Insurance Guide. In the event the Risk Manager of
Landlord ("Risk Manager") determines that (i) the Tenant's activities in the Demised Premises
creates an increased or decreased risk of loss to the Landlord, (ii) greater insurance coverage is
required due to the passage of time or (iii) changes in the insurance industry require different
coverages be obtained, Tenant agrees that the minimum limits of any insurance policy required to
be obtained by Tenant may be changed accordingly upon receipt of written notice from the Risk
Manager; provided that Tenant shall have the right to appeal a determination of increased coverage
by the Risk Manager to the Board of Landlord within ten (10) days of receipt of notice from the
Risk Manager. Landlord and Tenant hereby waive any rights each may have against the other on
account of any loss or damage occasioned by property damage to the Demised Premises, its contents,
or Tenant's trade fixtures, equipment, personal property or inventory arising from any risk
generally covered by insurance against the perils of fire, extended coverage, vandalism, malicious
mischief, theft, sprinkler damage, and earthquake sprinkler leakage. Each of the parties, on
behalf of their respective insurance companies insuring such property of either Landlord or Tenant
against such loss, waive any right of subrogation that it may have against the other. The
foregoing waivers of subrogation shall be operative only so long as available in California and
provided further that no policy is invalidated thereby.
7.3 Indemni. a�ion of Landlord. Tenant, as a material part of the consideration to be rendered
to Landlord under this Lease, hereby waives all claims against Landlord For damage to equipment or other
personal property, trade fixtures, leasehold improvements, goods, wares, inventory and merchandise, in, upon
or about the Demised Premises and for injuries to persons in or about the Demised Premises, from any cause
arising at any time. Tenant agrees to indemnify the Landlord, its officers, agents and employees against,
and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to
persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein
"claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities of Tenant, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the use of the Demised Premises
or the parking and common areas by Tenant or its employees and customers, or arising from the failure of
Tenant to keep the Demised Premises in good condition and repair, as herein provided, or arising from the
negligent acts or omissions of Tenant hereunder, or arising from Tenant's negligent performance of or
failure to perform any term, provision covenant or condition of this Lease, whether or not there is
concurrent passive or active negligence on the part of the Landlord, its officers, agents or employees but
excluding such claims or liabilities arising from the sole negligence or willful misconduct of the Landlord,
its officers, agents or employees, who are directly responsible to the Landlord, and in connection
therewith:
(a) Tenant will defend any action or actions filed in connection with any of said claims or
liabilities and will pay all costs and expenses, including legal costs and attorneys' fees
incurred in connection therewith;
-9-
(b) Tenant will promptly pay any judgment rendered against the Landlord, its officers,
agents or employees for any such claims or liabilities arising out of or in connection with the
negligent performance of or failure to perform such work, operations or activities of Tenant
hereunder; and Tenant agrees to save and hold the Landlord, its officers, agents, and employees
harmless therefrom;
(c) In the event the Landlord, its officers, agents or employees is made a party to any
action or proceeding filed or prosecuted against Tenant for such damages or other claims arising
out of or in connection with the negligent performance of or failure to perform the .work,
operation or activities of Tenant hereunder, Tenant agrees to pay to the Landlord, its officers,
agents or employees, any and all costs and expenses incurred by the Landlord, its officers, agents
or employees in such action or proceeding, including but not limited to, legal costs and
attorneys' fees.
8.0 ABANDONMENT AND SURRENDER.
8.1 Abandonment. Tenant shall not vacate or abandon the Demised Premises at any time during the
term of this Lease; and if Tenant shall abandon, vacate or surrender the Demised Premises or be dispossessed
by process of law, or otherwise, any personal property belonging to Tenant and left on the Demised Premises
shall be deemed to be abandoned, at the option of Landlord, except such property as may be mortgaged to
Landlord.
8.2 Surrender o_.f le_uj- The voluntary or other surrender of this Lease by Tenant, or a mutual
cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any
existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to it of any
or all of such subleases or subtenancies.
.• 9.0. DAMAGE AND DESTRUCTION Of PREMISES.
In the event of (a) partial or total destruction of the Demised Premises or the building containing
same during the term of this Lease which requires repairs to either the Demised Premises or said building,
or (b) the Demised Premises or said building being declared unsafe or unfit for occupancy by any authorized
public authority for any reason other than Tenant's act, use or occupation, which declaration requires
repairs to either the Demised Premises or said building, Landlord shall forthwith make said repairs provided
Tenant gives to Landlord thirty (30) days written notice of the necessity therefor. No such partial
destruction (including any destruction necessary in order to make repairs required by any declaration made
by any public authority) shall in any way annul or void this Lease except that Tenant shall be entitled to a
proportionate reduction of Monthly Rental while such repairs are being made, such proportionate reduction to
be based upon the extent to which the making of such repairs shall interfere with the business carried on by
Tenant in the Demised Premises. However, if during the last two (2) years of the term of this Lease the
Demised Premises and/or said building are damaged as a result of fire or any other insured casualty to an
extent in excess of twenty-five percent (25%) of the then replacement cost, (excluding foundations),
Landlord may within thirty (30) days following the date such damage occurs terminate this Lease by written
notice to Tenant. If Landlord, however, elects to make said repairs, and provided Landlord uses due
diligence in making said repairs, this Lease shall continue in full force and effect, and the Monthly Rental
shall be proportionately reduced while such repairs are being made as hereinabove provided. Nothing in the
Foregoing to the contrary withstanding, if the Demised Premises or said building is damaged or destroyed at
any time during the term hereof to an extent of more than twenty-five percent (25%) of the then replacement
cost (excluding foundations) as a result of a casualty not insured against, Landlord may within thirty (30)
days following the date of such destruction terminate this Lease upon written notice to Tenant. If Landlord
does not elect to terminate because of said uninsured casualty, Landlord shall promptly rebuild and repair
the Demised Premises and/or the building and the Monthly Rental shall be proportionately reduced while such
repairs are being made as hereinabove provided. If Landlord elects to terminate this Lease, all rentals
shall be prorated between Landlord and Tenant as of the date of such destruction. In respect to any partial
or total destruction (including any destruction necessary in order to make repairs required by any such
declaration of any authorized public authority) which Landlord is obligated to repair or may elect to repair
under the terms of this Section, Tenant waives any statutory right it may have to cancel this Lease as a
result of such destruction.
10.0 ASSIGNMENT AND SUBLETTING.
Tenant shall not assign this Lease er sul�l-e� the�emised 4r-emasas, er any-..interest F „e-in,_wi{1eu.t_.tba -
Pr-i&r--wr-i-kten-consent--off--Land-lard;which-c-0nser •shad _ 9- hbeld..---,fo pur-posef=oF=this-
Lease, an assignment shall be deemed to include the transfer to an .-
y person or group of persons acting�in i�
conc�rt1of more than twenty-five percent (25%) or of the present ownership and/or control of Tenant taking
all tranXLers into account on a cumulative basis. Landlord may withhold its consent to an assi. nment or
sublease to 11 P,oposed assignee or sublessee, and Tenant agrees that Landlord shall not be unreasonable for
doing so, unle small the following criteria are met: (a) The proposed assignee's or subTessee's general
financial condition,.,
ondition including liquidity and net worth, verified by audited financial �s^tatements prepared by
a Certified Public Ac -quntant in conformity with Generally Accepted Accounting Principles is equal to or
greater than that of Tenant; b the., ( ) proposed assignee or sublessee has demonstrated merchandising
capability equal to or greater, than that of Tenant as to the use for which tt e Demised Premises are leased;
(c) the proposed assignee or sublessee is morally and financially resp6nsible; and (d) the failure of
tenant's use of the Demised Premises�,to fit the business plan of Landlord Lo promote tourism to the City of
Palm Springs. Any such assignment sha4il be subject to all of�t� terms and conditions of this Lease,
including, but not limited to, any restrict' n on use pursuant�``to the provisions hereof, and the proposed
assignee shall assume the obligations of Tenant under this Lease in writing in Form satisfactory to
Landlord. The proposed assignee shall simultanedu•sly,,provide to Landlord an estoppel certificate in the
form described in Section 13.2 hereafter. Consent b Kandlord to one assignment, subletting, occupation or
use by another a
person shall not be deemed to,�be a consent to any subsequent assignment, subletting,
occupation or use by another person. Any a�gnment or subletting without the prior written consent of
Landlord shall be void, shall constitute,-a material breach of this Lease, and shall, at the option of
Landlord, terminate this Lease. Neither this Lease nor any intere therein shall be assignable as to the
interest of Tenant by operation of law '
Landlord shall he, uunfder no obligation to consider a request Landlord's consent to an
assignment until Tenant shall have submitted in writing to Landlord a request for Landlord's consent to such
assignment together�ith audited financial statements of Tenant and the proposed assignee, a history of the
proposed assignees business experience and such other information as required by Landlord to verify that
the criteria p6 assignment as set forth herein are met. IF Landlord approves such assignment, Tenant shall
pay•to Land ord one half of any consideration received by Tenant for such assignment. Indaddition, if
Landlord determines that the Monthly Rent payable to landlord under this Lease is less than the fdi,l market
r�.tal value, as determined by Landlord, Landlord shall have the right to condition its approval to an
assignment or subletting on the increase of Monthly Rent to the fair market rental value.
i
11.0 DEFAULT AND REMEDIES.
11,1 UeLW1LJV_1UARL. In addition to the defaults described in Section 10.0 hereinabove, the
occurrence of any one or more of the following events shall constitute a default and breach of this Lease by
Tenant: (a) the failure to pay any rental or other payment required hereunder to or on behalf of Landlord
more than three (3) days after written notice from Landlord to Tenant that Tenant has failed to pay rent
when due; (b) the failure to perform any of Tenant's agreements or obligations hereunder (exclusive of a
default in the payment of money) where such default shall continue for a period of thirty (30) days after
written notice thereof from Landlord to Tenant which notice shall be deemed to be the statutory notice so
long as such notice complies with statutory requirements; (c) the vacation or abandonment of the Demised
Premises by Tenant; (d) the making by Tenant of a general assignment for the benefit of creditors; (e) the
Filing by Tenant of a voluntary petition in bankruptcy or the adjudication of Tenant as a bankrupt; (f) the
appointment of a receiver to take possession of all or substantially all the assets of Tenant located at the
Demised Premises or of Tenant's leasehold interest in the Demised Premises; (g) the filing by any creditor
of Tenant of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days after
Filing; or (h) the attachment, execution or other judicial seizure of all or substantially all of the assets
of Tenant or Tenant's leasehold where such an attachment, execution or seizure is not discharged within
sixty (60) days. Any repetitive failure by Tenant to perform its agreements and obligations hereunder,
though intermittently cured, shall be deemed an incurable default. Two (2) breaches of the same covenant
within a sixty (60) day period, a notice having been given pursuant to (a) or (b) above For the first
breach, or three (3) of the same or different breaches at any time during the term of this Lease for which
notices pursuant to (a) or (b) above were given for the first two (2) breaches shall conclusively be deemed
to be an incurable repetitive failure by Tenant to perform its obligations hereunder.
In the event of any such default or breach by Tenant, Landlord may at any time thereafter, without
further notice or demand, rectify or cure such default, and any sums expended by Landlord for such purposes
shall be paid by Tenant to Landlord upon demand and as additional rental hereunder. In the event of any
such default or breach by Tenant, Landlord shall have the right (i) to continue the lease in full force and
effect and enforce all of its rights and remedies under this Lease, including the right to recover the
rental as it becomes due under this Lease, or (ii) Landlord shall have the right at' any time thereafter to
-11-
i. elect to terminate the Lease and Tenant's right to possession thereunder. Upon such termination, Landlord
shall have the right to recover from Tenant:
(a) The worth at the time of award of the unpaid rental which had been earned at the time of
termination;
(b) The worth at the time of award of the amount by which the unpaid rental which would have
been earned after termination until the time of award exceeds the amount of such rental loss that
the Tenant proves could have been reasonably avoided;
(c) The worth at the time of award of the amount by which the unpaid rental for the balance
of the term after the time of award exceeds the amount of such rental loss that the Tenant proves
could be reasonably avoided; and
(d) Any other amount necessary to compensate the Landlord for all the detriment proximately
caused by Tenant's failure to perform its obligations under the lease or which in the ordinary
course of things would be likely to result therefrom.
The "worth at the time of award" of the amounts referred to in subparagraphs (i) and (ii) above
shall be computed by allowing interest at three percent (3%) over the prime rate then being charged by Bank
of America, N.A. but in no event greater than the maximum rate permitted by law. The worth at the time of
i award of the amount referred to in subparagraph (III) above shall be computed by discounting such amount at
the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%),
but in no event greater than ten percent (10%).
As used herein "rental" shall include the Monthly Rental, percentage rental equal to the average
percentage rental paid or payable by Tenant for the last twelve (12) months or such lesser period as Tenant
has•been open for business, other sums payable hereunder which are designated "rental" or "additional
rental" and any other sums payable hereunder on a regular basis such as reimbursement for real estate taxes.
Such efforts as Landlord may make to mitigate the damages caused by Tenant's breach of this Lease
shall not constitute a waiver of Landlord's right to recover damages against Tenant hereunder, nor shall
anything herein contained affect Landlord's right to indemnification against Tenant for any liability
arising prior to the termination of this Lease for personal injuries or property damage, and Tenant hereby
agrees to indemnify and hold Landlord harmless from any such injuries and damages, including all attorney's
fees and costs incurred by Landlord in defending any action brought against Landlord for any recovery
thereof, and in enforcing the terms and provisions of this indemnification against Tenant.
Notwithstanding any of the foregoing, the breach of this Lease by Tenant, or an abandonment of the
Demised Premises by Tenant, shall not constitute a termination of this Lease, or of Tenant's right of
possession hereunder, unless and until Landlord elects to do so, and until such time Landlord shall have the
right to enforce all of its rights and remedies under this Lease, including the right to recover rent, and
all other payments to be made by Tenant hereunder, as they become due. Failure of Landlord to terminate
this Lease shall not prevent Landlord from later terminating this Lease or constitute a waiver of Landlord's
right to do so.
11.2 No Waiver. Acceptance of rental hereunder shall not be deemed a waiver of any default or a
waiver of any of Landlord's remedies.
11.3 Landlord's D fa l .. Landlord shall not be in default unless Landlord fails to perform
obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after
written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the
Premises whose name and address shall have theretofore been furnished to Tenant in writing, specifying
wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord's
obligation is such that more than thirty (30) days are required for performance then Landlord shall not be
deemed in default if Landlord commences performance within a (30) day period and thereafter diligently
prosecutes the same to completion. In no event shall Tenant have the right to terminate this Lease as a
result of Landlord's default and Tenant's remedies shall be limited to damages and/or an injunction.
12.0 CONDEMNATION.
In the event a condemnation or a transfer in lieu thereof results in a taking of any portion of the
Demised Premises, Landlord may, or in the event a condemnation or a transfer in lieu thereof results in a
-12-
taking of twenty-five percent (25%) or more of the Demised Premises, Tenant may, upon written notice given
within thirty (30) days after such taking or transfer in lieu thereof, terminate this Lease. Tenant shall
not be entitled to share in any portion of the award and Tenant hereby expressly waives any right or claim
to any part thereof. Tenant shall, however, have the right to claim and recover, only from the condemning
authority (but not from Landlord), any amounts necessary to reimburse Tenant for the cost of removing stock
and fixtures. If this Lease is not terminated as above provided, Landlord shall use a portion of the
condemnation award to restore the Demised Premises.
13.0 MISCELLANEOUS.
13.1 Entry and Inspection, Tenant shall permit Landlord and his agents to enter into and upon the
Demised Premises at all reasonable times for the purpose of inspecting the same or For the purpose of
maintaining the building in which the Demised Premises are situated, or for the purpose of making repairs,
alterations or additions to any other portion of said building, including the erection and maintenance of
such scaffolding, canopy, fences and props as may be required, or for the purpose of posting notices of
nonliability for alterations, additions or repairs, or for the purpose of placing upon the property in which
the Demised Premises are located any usual or ordinary "For Sale" signs or any signs for public safety as
determined by Landlord. Landlord shall be permitted to do any of the above without any rebate of rent and
without any liability to Tenant For any loss of occupation or quiet enjoyment of the Demised Premises
thereby occasioned. Tenant shall permit Landlord, at any time within six (6) months prior to the expiration
of this Lease, to place upon the Demised Premises any usual or ordinary "For Lease" signs, and during such
six (6) month period Landlord or his agents may, during normal business hours, enter upon said Demised
Premises and exhibit same to prospective tenants.
13.2 Fi.00pel rifi a e. If, as a result of a proposed sale, assignment, or hypothecation of
the Demised Premises or the land thereunder by Landlord, or at any other time, an estoppel certificate shall
be requested of Tenant, Tenant agrees, within ten (10) days thereafter, to deliver such estoppel certificate
In •the form attached hereto as Exhibit "C" addressed to any existing or proposed mortgagee or proposed
purchaser, and to the Landlord. Tenant shall be liable for any loss or liability resulting from any
incorrect information certified, and such mortgagee and purchaser shall have the right to rely on such
estoppel certificate and financial statement.
13.3 Jurisdiction And Venue. The parties hereto agree that the State of California is the proper
jurisdiction for litigation of any matters relating to this Lease, and service mailed to the address of
tenants set forth herein shall be adequate service for such litigation. The parties further agree that
Riverside County, California is the proper place for venue as to any such litigation and Tenant agrees to
submit to the personal jurisdiction of such court in the event of such litigation.
13.4 Partial invalidity. If any term, covenant, condition or provision of this Lease is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated
thereof.
13.5 5 ccors in Int rect, The covenants herein contained shall, subject to the provisions as
to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the
parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder.
13.6 No Oral Aar�em n s, This Lease (i) covers in full each and every agreement of every kind or
nature whatsoever between the parties hereto concerning this Lease, (it) supersedes any and all previous
negotiations, agreements and understandings, if any, between the parties, oral or written and (iii) merges
all preliminary negotiations and agreements of whatsoever kind or nature herein. Tenant acknowledges that
no representations or warranties of any kind or nature not specifically set forth herein have been made by
Landlord or its agents or representatives.
13.7 8u hori .v. In the event that Tenant is a corporation or a partnership, each individual
executing this Lease on behalf of said corporation or said partnership, as the case may be, represents and
warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation
or partnership, in accordance with a duly adopted resolution of the Board of Directors, if a corporation, or
in accordance with the Partnership Agreement, if a partnership, and that this Lease is binding upon said
corporation or partnership in accordance with its terms. Tenant represents and warrants to Landlord that
the entering into this Lease does not violate any provision of any other agreement to which Tenant is bound.
�aPf
-13-
Q
13.8 Relationship of Parties. The relationship of the parties hereto is that of Landlord and
Tenant, and it is expressly understood and agreed that Landlord does not in any way or for any purpose
become a partner of Tenant in the conduct of Tenant's business or otherwise, or a joint venturer with
Tenant, and that the provisions of this Lease and the agreements relating to rent payable hereunder are
included solely for the purpose of providing a method whereby rental payments are to be measured and
ascertained.
13.9 Nondiscrimination. Tenant herein covenants by and for itself, its heirs, executors,
administrators and assigns and all persons claiming under or through it, and this Lease is made and accepted
upon and subject to the following conditions: That there shall be no discrimination against or segregation
of any person or group of persons on account of race, sex, marital status, color, creed, national origin or
ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Demised
Premises herein leased, nor shall the Tenant itself, or any person claiming under or through it, establish
or permit any such practice or practices of discrimination or segregation with reference to the selection,
,. location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the Demised
Premises.
13.10 Notices. Wherever in this Lease it shall be required or permitted that notice and demand
be given or served by either party to this Lease to or on the other, such notice or demand shall be given or
served in writing and shall not be deemed to have been duly given or served unless in writing, and
personally served or forwarded by certified mail, postage prepaid, addressed, if to Landlord, to the City of
Palm Springs, P.O. Box 2743, Palm Springs, California, 92263, Attention: City Manager and if to Tenant as
specified in Section 1.10. Either party may change the address set forth herein by written notice by
certified mail to the other. Any notice or demand given by certified mail shall be effective one (1) day
subsequent to mailing.
13.11 Waiyer. No delay or omission in the exercise of any right or remedy by a nondefaulting
party shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of
any"act by the other party requiring the party's consent or approval shall not be deemed to waive or render
unnecessary the other party's consent to or approved of any subsequent act. Any waiver by either party of
any default must be in writing and shall not be a waiver of any other default concerning the same or any
other provision of this Lease.
13.12 Exhibits and Addeny. The Exhibits and Addenda attached to this Lease are made a part
hereof as if fully set forth herein. If there is a conflict between the terms and provisions of an addendum
and the terms and provisions of this Lease, the terms and provisions of the addendum shall prevail.
IN WITNESS WHEREOF, the parties have duly executed this Lease together with the herein referred to
Exhibits which are attached hereto, on the day and year first above written in Palm Springs, California.
ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPILL-MG3,a- lic bod corporate and
politi
By: `--_1 �L By.
Assist nt Secretary es�b nEo � ib4Fuerc,rr
"LANDLORD"
REVIEWED AND APPROVED
U :N'4,c 'svuJ�G
T,� h -
ppp ry• o F non
Agency Counsel f1 L3y 2C_
[Signatures continued on next page.[
-14-
Its:
By:
Its:
"TENANT"
-15-
ENMIT "N' $�}�
LEGAL DESCRIPTION OF THE PROPERTY
The demised Premises consist of 21000 square feet within a 3,020 square foot one-story
commercial building located at 261-265 North Indian Canyon Drive.
Parcel location for this building is APN# 513-091-004 which is 50.00 feet wide along the
Indian Canyon Drive frontage by 142.23 feet in depth, or a total parcel area equal to
7,111.50 square feet.
This lease agreement applies only to the commercial building located on this parcel.
EXHIBIT"A"
TO LEASE
EXH101T 'D"
PLOT P1 N OE THE PROPERTY SHOWN
1HE LOCATION OE DEMISED PR MLU.
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I BV�a�
• lAt{IBIT "O•
TO LEASE
i
EXHIBIT "C"
E51OPP I CERTIFICATE
Tenant: Gladys B. McMillan
Landlord: CITY OF PALM SPRINGS, a
municipal corporation
Date of Lease: October 1, 1995
Shopping center: Rudnick Building
Demised Premises: 265 North Indian Canyon Dr.
To:
The undersigned hereby certifies as follows:
I. The undersigned is the tenant ("Tenant") under the above-referenced lease ("Lease") covering the
above-referenced premises ("Demised Premises").
2. The Lease constitutes the entire agreement between landlord under the Lease ("Landlord") and
Tenant with respect to the Demised Premises and the Lease has not been modified, changed, altered or amended
In any respect except as set forth above.
3. The term of the Lease commenced on October 1, 1g95 , and, including any presently
exercised option or renewal term, will expire on e�5_er 30 1997 Tenant has accepted
possession of the Demised Premises and is the actual occupant in possession thereof and has not sublet,
assigned or hypothecated its leasehold interest. All improvements to be constructed on the Demised Premises
by Landlord have been completed and accepted by Tenant and any tenant construction allowances have been paid
in full.
4. As of this date, to the best of Tenant's knowledge, there exists no breach or default, nor state
Of facts which, with notice, the passage of time, or both, would result in a breach or default on the part
of either Tenant or Landlord. To the best of Tenant's knowledge, no claim, controversy, dispute, quarrel or
disagreement exists between Tenant and Landlord.
5. Tenant is currently obligated to pay Monthly Rent in installments of b 2,000.00 per month, and
such monthly installments have been paid not more than one month in advance. In addition, the Lease
requires Tenant to pay percentage rent each month in the amount of _ percent (_%) and percentage rent
has been paid through , 19_. To the best of Tenant's knowledge, no other rent has been paid
in advance and Tenant has no claim or defense against Landlord under the Lease and is asserting no offsets
or credits against either 2 %Or% or Landlord. Tenant has no claim against Landlord for any security or
other deposits except 5 , UU which was paid pursuant to the Lease.
6. Tenant has no option or preferential right to lease or occupy additional space within the Property
of which the Demised Premises are a part. Tenant has no option or prvr••r ntial right to purchase all of any
part of the Demised Premises nor any ri +4t or interest with respect the Demised Premises other than as
Tenant under the Lease. Tenant has nr ighL Lo renew or extend th, •rm of the Lease except as set forth
in the Lease.
7. Tenant has made no agreements with Landlord or its agr -mployees concerning free rent,
partial rent, rebate of rental payments or any other type of rent • concession except as expressly
set forth in the Lease.
B. There has not been filed by or a(a :L Icrtml. a petitin„ •nkruptcy, voluntary or otherwise,
any assignment for the benefit of trediLort, any %Vticfihj M1eorgpjAi•tatj, A (Or -arinangement under the
EXHIBIT "C"
TO LEASE
bankruptcy laws of the United States, or any state thereof, or any other action brought under said
bankruptcy laws with respect to Tenant.
9. All insurance which Tenant is required to maintain under the Lease has been obtained by Tenant and
is in full force and effect and all premiums with respect thereto have been paid.
Dated this day of 1995
By:
adOMcMilla"n �L
Its: Owner
1$ Ra3
z
EXHIBIT "B"
RULES AND REGULATIONS r J
1. All loading and unloading of goods shall be done only at.the Limes, in the areas and through the
entrances reasonably designated for such purposes by Landlord.
2. The delivery or shipping of merchandise, supplies and fixtures to and from the Demised Premises
shall be subject to such rules and regulations as in the reasonable judgment of Landlord are necessary for
the proper operation of the Demised Premises or of the Property generally.
3.' All of Tenant's refuse and rubbish shall be removed to central trash bins located in the Property,
at Tenant's sole cost and expense.
4. No radio or television or other similar device audible outside the Demised Premises shall be
installed without obtaining in each instance the written consent of Landlord. No aerial shall be erected on
the roof or exterior walls of the Demised Premises or on the grounds of the Property without first obtaining
in each instance the written consent of Landlord which consent shall not be unreasonably withheld or
delayed. Any aerial so installed without such written consent shall be subject to removal without notice at
any time.
5. No loudspeakers, televisions, phonographs, radios or other devices shall be used in a manner so as
to be heard or seen outside of the Demised Premises without first obtaining in each instance written consent
of Landlord.
.6. The outside sidewalks and loading areas immediately adjoining the Demised Premises shall be kept
clean and free from dirt and rubbish by Tenant to the reasonable satisfaction of Landlord, and Tenant shall
not place or permit any obstructions or merchandise in such areas, except to the extent specifically
permitted by the provisions of Tenant's Lease.
7. Tenant shall not burn any trash or garbage of any kind in or about the Demised Premises or the
Property generally.
8. Tenant will not allow animals, except seeing-eye dogs, in, about or upon the Demised Premises.
9. Tenant shall not use, and shall not allow anyone else to use, the Demised Premises as a
habitation. Such prohibition shall include, without limitation, sleeping, eating or bathing.
10. Tenant shall not place any rubbish or other matter outside any building within the Property,
except in such containers as are authorized from time to time by Landlord.
11. Tenant shall keep all window displays in a clean and orderly fashion. If merchandise is to be
shown in the window displays, such merchandise shall be changed at least every other month. Landlord shall
have the right to require the removal or change of any window display it finds, in its sole and absolute
judgment, unattractive or objectionable.
, EXH18lT "D_
TO LEASE
P. 92
OCT-17-95 TUE 99 : 11 HAM - - ■
___ , ":11. INSURANCE BINDER - - -- -- ^10/12/9g,
THIS 01I4DER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM,
PRODUCER PHONE �� i C6ii-- _._. ._ .. KINDER
IAIC,No.6y1 _ 1
ESSE r[X INSSURANCE _CO.
kPFEow - EXPIRATIO!
DATE_ . ._ _ _ TIME DAre TIME
RANDY L ROSTEN INSURANCE AGENCY , X AM 12/12/95 X 12.01uA
42-305 WASHINGTON ST ate 205 1OJ121951. 12.01 PM NOON
77 I ' THIS BIRDER 19 L13UED TO EMEND COVERAGE IN THE ABOVE NAMED COMPANY '
CUaTOMEA 0 19 ._. 60- �u-., - I, _ �:',`„ ;, Ic _ TO FOLLOW __
PALM DESERT CA 1 PER EXPIRING POLICY P;
AGENCY �619 ) 36U-5754 ' e", r6ESCRIMION OF OPEMT10N5r EHICLEWI+OPSRTY(LIMPUtfing LP flop)
INSURED ✓'--}
I
GLADYS McMILLAN `; . *** GENERAL LIABILITY ***
DBA. Dave Jewerly 6, Loan
COVERAGES
TYPE OF INSURANCE CDYERAGElEORMS _r AMOUNT DEDUCTIBLE COINS%
PROPEKTY CAUSES OF LOSS - . . .—..—_ OCT I
;BASIC SROAD SPEC
°�. ..v I
GENERAL LIARILlYY GaiERAL AGGREGATL 3 1,000.000
COIMMERCIA.L GENERAL LIABILITY •PRODUCTS.COIAPtOP AGG F 1,000_000(
CLAIMS MADE OCCUR PEFI&OfAALSPDVlfUURY 3
OYAAER'S A CONTRACTOR'S PROT I EACH OCCURRENCE S 1,000.0004
PRE DAMAGE(Any one firv) $ I
I RETRO DATE FOR CLAIMS MADE: 'MED EXP(Any one pw;m) 'a
COM3UlEO SMP3LE LIMIT 3
AN'/AUTO BODILY II'liwe(P.r W"w $
ALLOVOIEDAUTOG EODILY IIUURY IPo 9�hEAQ S i
SCHEDULED AUTO PROPERTf OAA1A0E S
HIRED AUTOS 'MEDICAL PAYMENTS A I
�NgAAWNEDAUTOd �PEA SOHAL RUUNY PROT S
uH1N5URED MOTORIST f !
i
3 I
AUTO PHYSICAL DAMAGE-DEGLICT9lE AIA VEHICU23 KHEDULEDVEHICLES '.AGTUALCASH VALUE
;COLLISION: STATED NdOUId 3
'OTHER THAN CCL: OTHER
GARAGE LIABILRY
AUTO giL'f-EP AGDIDEHT 3 �
ASV AUTO OTHER THAN AUTO ONLY: f
EACHAOOOrNT S
AGGREGATE 4
fU(CE29 LIABILITY _ - - -" EAf,N fJJC+JRRFIJCE i j
UFACRELLA FORM AGGREGATE 1
OTHER THAII LRAFRELLA FORIA PETRO DATE FOR CVAAS MADE: SSLF41431JRED PETENRON 3 .'
u ATbMPY LIMITS _ --
WORIfER'S COMPENSATION EACH AC*!IDENt S
AND
( EMPLOYER'S LIABILITY •DISEASE-POLICY LIMIT 3
_ 'DISEASE-£Ar-M EMPLOYEE,-6.
SPEML —• ^— 1
OTHDIRON9, _ ADDITIONAL INSURED, PALM. SPRINGS CITY
COVERAGES pSHOULD ANY OF THE ABODE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIR-,
NAMEBADDAESRN DATE THEREOF; THE ISSUING--CO—WILL-MALI. 30 -DAYS PRIOR NOJ'IC TO-
THE CERTIFICATE HOLDER NAMED, yy
l MORTGAGEE f' .ADORiglAL INDURF,D I
LOGS
CITY OF PALM SPRINGS 'i:o.j PAYEE
wk
ECONOMIC DEVELOPMENT
P.O. BOX 2743
s AJTHOw¢cw oEP11G.LfTnTN• " -
PALM SPRINGS CA 92263
{ACORO T55(12193) NOTE;IMPORTANT STATE INFORMATIO REV 99 0ACORO CORFORATibn m"
ACORD j J'I 08%24%97
PRODUCES THIS CERTIFICATE IS IS ,D AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
RANDY L ROSTEN INSURANCE AGENCY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
31-855 DATE PALM Dr #3-417 COMPANIES AFFORDING COVERAGE
CATHEDRAL CITY CA, 92234 COMPANY
619 770-1535 FAX # 770-1539 A CENTURY SURTEY INSURANCE COMPANY
INSURED COMPANY \
DBA: DAVE JEWERLY & LOAN B \
COMPANY /
265 NORTH INDIAN CANYON C
PALM SPRINGS, CA 92262 COMPANY
��(760) 325 4411
C �OV�R'AGES " ,
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MMIDDNY) DATE(MMIDDNY)
GENERAL LIABILITY GENERAL AGGREGATE $1, 000 . 000
X COMMERCIAL GENERAL LIABILITY - PRODUCTS-COMP/OP AGG $I, 0 0 0 . 0 0 0
CLAIMS MADE FRI OCCUR PERSONAL&ADV INJURY $1, 000 . 000
A X OWNER'S&CONTRACTORS PROT TO BE ISSUE 8/24/97 08/24/98 EACH OCCURRENCE $1, 000 . 000
FIRE DAMAGE(Any one fire) $ 5 0, 0 0 0
MED EXP(Any one person) $
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANYAUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY -
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WC STATU- OTH
WORKERS COMPENSATION AND TORY LIMITS ER
EMPLOYERS'LIABILITY EL EACH ACCIDENT $
THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $
PARTNERS/EXECUTIVE
OFFICERS ARE EXCL EL_DISEASE-EA EMPLOYEE- -S
-- - - - -- -
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS
PAWN SHOP
-- w.. - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF PALM SPRINGS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
ECONOMIC DEVELOPMENT2 DAYS WRITTEN NOTICE TO CERTIFICATE HO70R
MED TO THE LEFT,
P.O. BOX 2743 BUT FAILURE TO MAIL SUCH NO E SHALL IMPOSE CATION OR LIABILITY
PALM SPRINGS CA 92263 OF ANY KIND UPON T COMPA IT TREPRESENTATIVES.
AUTHORIZED REPRESEN T
„ia:. , ..,;` QACi1CTiiW61A71tli1?T1S88:_'�