HomeMy WebLinkAbout00325C - AMERICAN OPEN AIR MARKETS PS FARMERS MARKET LEASE 395 NPC PA1B2 American Open Air Markets
The P.S. Farmers Market
395 NPC - PA1B2
AGREEMENT #325C
L E A S E R912, 1-5-94
THIS LEASE ("Lease") is made and entered into this 1st day of February
1994, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, a public body, corporate and politic ("Landlord") , and AMERICAN OPEN AIR
MARKETS ("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 Demised Premises. The "Demised Premises" shall refer to that
certain real property located in the County of Riverside, State of California,
as more particularly described in Exhibit "A" hereof and as depicted on the Plot
Plan attached as Exhibit "B" hereto.
1.2 Lease Commencement Date. February 17, 1994 and continuing for
a period of one (1) year. Landlord, in its sole and absolute discretion, may
grant Tenant additional one (1) year extensions of the lease term based upon
Landlord's evaluation of Tenant's activities. (See Section 2.1) .
1.3 Monthly Rental. Eight percent (8%-) per month of Tenant's gross
receipts ("Percentage Rental Rate") . (See Section 3 .1) .
1.4 Security Deposit. $800.00. (See Section 3.8) .
1.5 Use of Demised Premises. Outdoor farmers market for sale of
fresh vegetables, fruits, nuts, dates, living herbs, natural food products,
breads, pastries and beverage cart for patrons. Landlord shall have the right
to monitor and require Tenant and its subtenants to document the use of
pesticides in products sold from the Demised Premises. In selecting subtenants,
Tenant shall give priority to vendors offering daily fresh and organically grown
produce. Such matters shall be a consideration of Landlord in approving
subleases pursuant to Section 9.0. (See Section 4.1)
1.6 Tenant's Address for Notices.
American Open Air Markets
1111 Tahquitz Canyon Way
Suite 100
Palm Springs, CA 92262
1.7 If Section 4.6 of this Lease relating to charitable leases is
applicable, please mark here N/A . If Section 4.6 is applicable, the fair
market rental value of the Demised Premises is $
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2.0 TERM.
2.1 Term of Lease. The term of this Lease shall commence on the
date specified in Section 1.2 ("Commencement Date") and shall be for a period of
one (1) year or until this Lease is earlier terminated as provided herein.
2 .2 Time. Time is of the essence of this Lease.
2.3 Force Maleure. 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.
2.4 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, cancelable upon thirty (30) days
written notice, and at a rental equal to one hundred fifty percent (1504;) 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 Rental.
(a) 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 12.9 hereof.
(b) Tenant shall and will pay to Landlord at the time and in
the manner herein specified rental (sometimes referred to herein as
"percentage rental") a sum equal to the product of the Percentage
Rental Rate specified in Section 1.3 above, times the amount of
Tenant's gross receipts made in, upon, or from the Demised Premises
during each month of the term hereof.
(b) Within fifteen (15) days after the end of each calendar
month of the term hereof, commencing with the fifteenth (15th) day
of the month following the commencement Date, and ending with the
fifteenth (15th) day of the month next succeeding the last month of
the Lease term, Tenant shall furnish to Landlord a statement in
writing, certified by Tenant to be correct, showing the total gross
receipts made in, upon, or from the Demised Premises during the
preceding calendar month (or fractional month at the beginning of
the term if the Commencement Date is other than the first day of a
month) , and shall accompany each such statement with a payment to
Landlord equal to said percentage of the total monthly gross
receipts made in, upon, or from the Demised Premises during each
calendar month.
(c) The term "gross receipts" as used herein means the total
gross receipts of all goods, wares and merchandise sold and leased
including the actual charges for all services performed by Tenant
and fees charged by Tenant and by anyone including any subtenant,
licensee or concessionaire in, at, from, or arising out of the use
of the Demised Premises, whether wholesale or retail, whether for
cash or credit, or otherwise, and including the value of all
consideration other than money received for any of the foregoing,
without reserve or deduction or inability or failure to collect,
including but not limited to sales, leases and services. Each
installment or credit sale shall be treated as a sale for the full
price in the month during which such sale is made, irrespective of
whether or when Tenant receives payment therefor. Gross sales shall
include any amount allowed upon any "trade-in, " the full retail
price of any merchandise delivered or redeemed for trading stamps or
coupons and all deposits not refunded to purchasers. Gross receipts
shall not include sales taxes, so-called luxury taxes, consumers
excise taxes, gross receipts taxes and other similar taxes now or
hereafter imposed upon the sale of merchandise or services, but only
if collected separately from the selling price of merchandise or
services and collected from customers.
(d) The Tenant shall keep at the Demised Premises (and shall
require any permitted subtenant to keep at the Demised Premises)
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full, complete and proper books, records and accounts of its daily
gross receipts, both for cash and on credit, at any time operated in
the Demised Premises. The Landlord and its agents and employees
shall have the right at any and all times, during regular business
hours, to examine and inspect all of the books and records of the
Tenant, including any sales tax reports pertaining to the business
of the Tenant conducted in, upon, or from the Demised Premises, for
the purpose of investigating and verifying the accuracy of any
statement of gross receipts and to cause an audit of the business of
Tenant to be made by a certified public accountant of Landlord's
selection. If the statement of gross sales previously made to
Landlord shall be found to be inaccurate, then and in that event,
there shall be an adjustment and one party shall pay to the other on
demand such sums as may be necessary to settle in full the accurate
amount of said percentage rental that should have been paid to
Landlord for the period or periods covered by such inaccurate
statement or statements. If said audit shall disclose an inaccuracy
of greater than three percent (3*) error with respect to the amount
of gross receipts reported by Tenant for the period of said report,
then the Tenant shall immediately pay to Landlord the cost of such
audit; otherwise, the cost of such audit shall be paid by Landlord.
3.2 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.
3.3 Real Property Taxes. In addition to all rentals herein
reserved, Tenant shall pay, at the election of Landlord, either directly to the
taxing authority or to Landlord, annual real estate taxes and assessments levied
upon the Demised Premises (including possessory interest taxes) as well as taxes
of every kind and nature levied and assessed in lieu of, in substitution for, or
in addition to, existing real property taxes. Said taxes shall be paid within
twenty (20) days of the delinquent date or, if Landlord rather than Tenant
receives the tax bill, said taxes shall be paid within ten (10) days of 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.
3.4 Personal Property Taxes. During the term hereof Tenant shall
pay prior to delinquency all taxes assessed against and levied upon fixtures,
furnishings, equipment and all other personal property of Tenant contained in the
Demised Premises, and when possible Tenant shall cause said fixtures,
furnishings, equipment and other personal property to be assessed and billed
separately from the real property of Landlord.
3.5 Utilities. Tenant shall pay before delinquency all charges for
water, gas, heat, electricity, power, sewer, telephone service, trash removal 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.
3.6 Late Payment. Tenant hereby acknowledges that late payment by
Tenant to Landlord of rental or other sums due hereunder will cause Landlord to
incur costs not contemplated by this Lease, the exact amount of which is
extremely 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.
3.7 Interest. 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%r) 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.
3.8 Security Deposit. Tenant contemporaneously with the execution
of this Lease, has deposited with Landlord the sum specified in Section 1.4
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
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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
10.0 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.
4.0 USE OF 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
1.5 of this Lease and for no other use.
4.2 Prohibited Uses. Tenant shall not sell or permit to be kept,
used, displayed or sold in or about the Demised Premises (a) pornographic or
sexually explicit books, magazines, literature, films or other printed material,
sexual paraphernalia, or other material which would be considered lewd, obscene _
or licentious, (b) any article which may be prohibited by standard forms of fire
insurance policies, or (c) any alcoholic beverages unless expressly permitted by
Section 1.5 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 Compliance with Laws. Tenant shall, at his sole cost and
expense, comply with all of the requirements of all municipal, state and federal
authorities now in force 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 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
et seq. 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 Signs. Tenant shall not place or permit to be placed any sign
that is not in compliance with the sign ordinance of the Landlord upon the
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 Business. Subject to the provisions of Section 8.0
hereof, Tenant shall continuously during the entire term hereof conduct and carry
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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 eight (8) hours per day at least four (4) days per
week; provided, however, that this provision shall not apply if the Demised
Premises should be closed and the business of Tenant 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 Palm Springs Main Street Corporation or such other entity that may be
designated by the Landlord.
4.6 Charitable Leases. Intentionally deleted.
4.7 Rules and Regulations. Tenant shall faithfully observe and
comply with the rules and regulations that Landlord shall from time to time
promulgate and/or modify. The rules and regulations, if any, are attached hereto
as Exhibit "C" ("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 Demised Premises on a uniform basis.
4.8 Downtown Business Improvement District. Intentionally deleted.
5.0 ALTERATIONS AND REPAIRS.
5.1 Alterations and Fixtures. Tenant shall not make, or suffer to
be made, any alterations to the Demised Premises, or any part thereof, 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. Any 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 5.2 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. Tenant shall be responsible for removing the existing grass on
the Demised Premises and replacing it with decomposed granite per the approved
Site Plan for the Demised Premises and for complying with all other conditions
to approval of said Site Plan. Tenant shall modify the irrigation servicing the
Demised Premises to permit deep watering of on-site palm trees. Further, Tenant
shall construct an underground on-site electrical power distribution system
pursuant to the Site Plan.
5.2 Maintenance and Repair. Tenant shall, subject to Landlord's
obligations hereinafter provided, at all times during the term hereof, and at
Tenant's sole cost and expense, keep, maintain and repair the Demised Premises,
and other improvements within the Demised Premises in good and sanitary order,
condition, and repair including without limitation, the maintenance and repair
of any 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.
5.3 Free From Liens. Tenant shall keep the Demised Premises free
from any liens arising out of any work performed, material furnished, or
obligation incurred by Tenant or alleged to have been incurred by Tenant.
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6.0 INSURANCE AND INDEMNIFICATION.
6.1 Insurance Provided by Landlord. Landlord shall maintain
fire and extended coverage insurance throughout the term of this Lease in an
amount equal to at least ninety percent (90t) of the replacement value of the
site improvements, 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 for the cost of
said insurance.
6.2 Insurance Provided by Tenant.
(a) Tenant to Provide Personal Property Insurance. 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.
(b) Tenant to Provide Liability Insurance. During the
entire term of this Lease, the Tenant shall, at the Tenant's sole cost and
expense, but for the mutual benefit of Landlord and Tenant, maintain
comprehensive general liability insurance insuring against claims for
bodily injury, death or property damage occurring in, upon or about the
Demised Premises and on any sidewalks directly adjacent to the Demised
Premises written on a per occurrence basis in an amount not less than
either (i) a combined single limit of ONE MILLION DOLLARS ($1,000,000.00)
for bodily injury, death, and property damage or (ii) bodily injury limits
of $250,000.00 per person, $500,000.00 per occurrence and $500,000.00
products and completed operations and property damage limits of
$100,000.00 per occurrence and $250,000.00 in the aggregate.
(c) Tenant to Provide Worker's Compensation Insurance.
Tenant shall, at the Tenant's sole cost and expense, maintain a policy of
worker's compensation insurance in an amount as will fully comply with the
laws of the State of California and which shall indemnify, insure and
provide legal defense for both the Tenant and the Landlord against any
loss, claim or damage arising from any injuries or occupational diseases
occurring to any worker employed by or any persons retained by the Tenant
in the course of conducting Tenant's business in the Demised Premises.
(d) General Provisions Applicable to Tenant's Insurance.
All of the policies of insurance required to be procured by Tenant
pursuant to this Section 6.2 shall be primary insurance and shall name the
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. Landlord
and Tenant hereby waive any rights each may have against the other on
account of any loss or damage occasioned by property damage to the Demised
Premises, its contents, or Tenant's trade fixtures, equipment, personal
property or inventory arising from any risk generally covered by insurance
against the perils of fire, extended coverage, vandalism, malicious
mischief, theft, sprinkler damage, and earthquake sprinkler leakage. Each
of the parties, on behalf of their respective insurance companies insuring
such property of either Landlord or Tenant against such loss, waive any
right of subrogation that it may have against the other. The foregoing
waivers of subrogation shall be operative only so long as available in
California and provided further that no policy is invalidated thereby.
6.3 Indemnification of Landlord. Tenant, as a material part of the
consideration to be rendered to Landlord under this Lease, hereby waives all
claims against Landlord for damage to equipment or other personal property,
trade fixtures, leasehold improvements, goods, wares, inventory and merchandise,
in, upon or about the Demised Premises and for injuries to persons in or about
the Demised Premises, from any cause arising at any time. Tenant agrees to
indemnify the Landlord, its officers, agents and employees against, and will hold
and save them and each of them harmless from, any and all actions, suits, claims,
damages to persons or property, losses, costs, penalties, obligations, errors,
omissions or liabilities, (herein "claims or liabilities") that may be asserted
or claimed by any person, firm or entity arising out of or in connection with the
negligent performance of the work, operations or activities of Tenant, its
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agents, employees, subcontractors, or invitees, provided for herein, or arising
from the use of the Demised Premises 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;
(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.
7.0 ABANDONMENT AND SURRENDER.
7.1 Abandonment. Tenant shall not vacate or abandon the Demised
Premises at any time during the term of this Lease; and if Tenant shall abandon,
vacate or surrender the Demised Premises or be dispossessed by process of law,
or otherwise, any personal property belonging to Tenant and left on the Demised
Premises shall be deemed to be abandoned, at the option of Landlord, except such
property as may be mortgaged to Landlord.
7.2 Surrender of Lease. The voluntary or other surrender of this
Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and
shall, at the option of Landlord, terminate all or any existing subleases or
subtenancies, or may, at the option of Landlord, operate as an assignment to it
of any or all of such subleases or subtenancies.
8.0 DAMAGE AND DESTRUCTION OF PREMISES. In the event of (a) partial or
total destruction of the Demised Premises during the term of this Lease which
requires repairs to the Demised Premises, or (b) the Demised Premises being
declared unsafe or unfit for occupancy by any authorized public authority for any
reason other than Tenant's act, use or occupation, which declaration requires
repairs to the Demised Premises, Landlord may either (i) make said repairs or
(ii) terminate this Lease by providing written notice to Tenant within sixty (60)
days following the date of such destruction. If Landlord 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. 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 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.
9.0 ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease or 1
sublet the Demised Premises, or any interest therein, without the prior written
consent of Landlord, which consent shall not be unreasonably withheld. For
purposes of this Lease, an assignment shall be deemed to include the transfer to
any person or group of persons acting in concert of more than twenty five percent
(25%-) of the present ownership and/or control of Tenant, taking all transfers
into account on a cumulative basis. Any such assignment shall be subject to all
of the terms and conditions of this Lease, including, but not limited to, any
restriction on use and trade name 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. Consent by Landlord to one assignment,
subletting, occupation or use by another person shall not be deemed to be a
consent to any subsequent assignment, subletting, occupation or use by another
r1S2\276k014084-0006U080875.1 01/18/94 -7-
person. Any assignment or subletting without the prior written consent of
Landlord shall be void, shall constitute a material breach of this Lease, and
shall, at the option of Landlord, terminate this Lease. Neither this Lease nor
any interest therein shall be assignable as to the interest of Tenant by
operation of law. If Landlord approves such assignment, Tenant shall pay to
Landlord any consideration received by Tenant for such assignment.
10.0 DEFAULT AND REMEDIES.
10.1 Default by Tenant. In addition to the defaults described in
Section 9.0 hereinabove, the occurrence of any one or more of the following
events shall constitute a default and breach of this Lease by Tenant: (a) the
failure to pay any rental or other payment required hereunder to or on behalf of
Landlord more than three (3) days 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 attach-
ment, 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 elect to terminate the Lease and Tenant's right to possession
thereunder. Upon such termination, Landlord shall have the right to recover from
Tenant:
(i) The worth at the time of award of the unpaid rental which had
been earned at the time of termination;
(ii) 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;
(iii) 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
(iv) 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 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 (10W) .
As used herein "rental" shall include the Monthly Rental, 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.
F52\276\0140844)006UO80875.1 01/18/94 -$-
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.
10.2 No Waiver. Acceptance of rental hereunder shall not be deemed
a waiver of any default or a waiver of any of Landlord's remedies.
10.3 Landlord's Default. Landlord shall not be in default unless
Landlord fails to perform obligations required of Landlord within a reasonable
time, but in no event later than thirty (30) days 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.
11.0 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 taking
of twenty-five percent (2596) 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.
12.0 MISCELLANEOUS.
12.1 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 Demised
Premises as required by the terms of this Lease, 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 three (3) months prior to the expiration of this
Lease, to place upon the Demised Premises any usual or ordinary "For Lease"
signs, and during such three (3) month period Landlord or his agents may, during
normal business hours, enter upon said Demised Premises and exhibit same to
prospective tenants.
12.2 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.
12.3 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.
FS2U76WJ4084-0006\20808751 o1118i94 -9-
4
EXHIBIT 'A"
LEGAL DESCRIPTION OE THE PROP RTy
Northern portion of Parcel APN #513-082-014, measuring 81 .55 feet in width
by 128.75 feet in depth, equalling 10,500 square feet in. Parcel area.
(Entire Parcel APN #513-082-014 measures 150.00 feet in width by 128.75 feet
in depth, with the southern portion currently used as a public parking lot. )
EXIIIBIT •A"
TO LEASE
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RIVERSIDE COUNTY, CALIF.
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ASSESSOR'S PLAT MAP
EXHIBIT "D"
RULES AND REGULATIONS
1. All loading and unloading of goods shall be done only at the times,
in the areas and through the entrances reasonably designated for such purposes
by 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.
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 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.
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, except in such
containers as are authorized from time to time by Landlord.
EXHIBIT "D"
TO LEASE
Page 1 of 2 Pages
H62U76\014084-0006UO80875.1 01/18/94
• _ i• f11 iLi.l•_Ili 111 !'1_JGI JIB_ IV
I_ar aV. .,. Iw 0 f ee F. iq
DLSMr WTST INSIDUME A(ENCY.
74-276 MY 111
PALM DFSERT, M 02260
(619) 668-0457
December 31, 1903
fir, Hike Fountain
Re; Palm .Springs Fomner:s' Market
Deer D41ke:
Plcase._accept this letter wq evidence of intent to insure the
above entity in an amount of 11,0(70,MOccxnbined single limit
of liability.
The in$uranve ctupany i* Psnn-America, an admitted, A rated
CatWanY,
The ooverage breakdown will be:
rreneral Agrregata Limit $1,000,000
Personal & Advertiainp
Injury Limit $1,000,000
r ch Occurrimco Limit $1,0001000
Fire Dww e Limit $50,000
Medical Anse Limit $5,000
Please call me if there Is anything further you need.
Sinoorely,
Tiari n elde
12.4 Successors in Interest. The covenants herein contained shall,
subject to the provisions as to assignment, apply to and bind the heirs,
successors, executors, administrators and assigns of all the parties hereto; and
all of the parties hereto shall be jointly and severally liable hereunder.
12.5 No Oral Agreements. This Lease (i) 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 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.
12.6 Authority. In the event that Tenant is a corporation or a 2
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 provisions of any
other agreement to which Tenant is bound.
12.7 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.
12.8 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.
12.9 Notices. Wherever in this Lease it shall be required or
permitted that notice and demand be given or served by either party to this Lease
to or on the other, such notice or demand shall be given or served in writing and
shall not be deemed to have been duly given or served unless in writing, and
personally served or forwarded by certified mail, postage prepaid, addressed, if
to Landlord, to City of Palm Springs, P.O. Box 2743, Palm Springs, California
92263, Attn: City Manager, and if to Tenant, as specified in Section 1.6.
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.
12 .10 Waiver. No delay or omission in the exercise of any right or
remedy by a nondefaulting party shall impair such right or remedy or be construed
as a waiver. A party's consent to or approval of any act by the other party
requiring the party's consent or approval shall not be deemed to waive or render
unnecessary the other party's consent to or approval of any subsequent act. Any
waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this
Lease.
12.11 Exhibits and Addenda. The Exhibits and Addenda attached to
this Lease are made a part hereof as if fully set forth herein. In the event of
a conflict between the terms and provisions of an Addenda and the terms and
provisions of this Lease, the terms and provisions of the Addenda shall prevail.
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 SPRINGS, a public body, corporate and
politic
By
Assistant Secretary Cha'
"LANDLORD"
FS2U76\0140844)ONU080875.1 41n8194 -10- 1`1 an
. r �aWoLd�� r
REVIEWED AND APPROVED
RUTAN & TUCKER
s% . f
David J�°leshire, Esq.
Agency Counsel
AMERICAN OPEN AIR S
By:
Its:
By:
Its:
"TENANT"
F52\276\0140840006�2080875.1 01/18/94
LEASE
By and Between
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
and
AMERICAN OPEN AIR MARKETS
[Single-Tenant Building/Single-Year Lease]
N52\276\014084-0006\2080875.1 01/18/94
TABLE OF CONTENTS
1.0 LEASE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2.0 TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2.1 Term of Lease . . . . . . . . . . . . . . . . . . . . . . . . 2
2.2 Time . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2.3 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . 2
2.4 Holding Over . . . . . . . . . . . . . . . . . . . . . . . . 2
3.0 RENTAL . . . . . . . . . . . . . . . . . . . . . . . 2
3.1 Monthly Rental . . . . . . . . . . . . . . . . . . . . . . 2
3.2 Additional Rental . . . . . . . . . . . . . . . . . . . . . . 3
3.3 Real Property Taxes . . . . . . . . . . . . . . . . . . . . . 3
3.4 Personal Property Taxes . . . . . . . . . . . . . . . . . . . 3
3.5 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3.6 Late Payment . . . . . . . . . . . . . . . . . . . . . . . . 3
3.7 Interest . . . . . . . . . . . . . . . . . . . . . . . 3
3.8 Security Deposit . . . . . . . . . . . . . . . . . . . . . . 3
4.0 USE OF PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4.1 Permitted Use . . . . . . . . . . . . . . . . . . . . . . . . 4
4.2 Prohibited Uses . . . . . . . . . . . . . . . . . . . . . . . 4
4.3 Compliance with Laws . . . . . . . . . . . . . . . . . . . . 4
4.4 Signs . . . . . . . . . . . . . . . . . . . . . . . . 4
4.5 Hours of Business . . . . . . . . . . . . . . . . . . . . . . 4
4.6 Charitable Leases . . . . . . . . . . . . . . . . . . . . . . 5
4.7 Rules and Regulations . . . . . . . . . . . . . . . 5
4.8 Downtown Business Improvement District . . . . . . . . . . . 5
5.0 ALTERATIONS AND REPAIRS . . . . . . . . . . . . . . . . . . . . . . 5
5.1 Alterations and Fixtures . . . . . . . . . . . . . . . . . . 5
5.2 Maintenance and Repair . . . . . . . . . . . . . . . . . . . 5
5.3 Free From Liens . . . . . . . . . . . . . . . . . . . . . . . 5
6.0 INSURANCE AND INDEMNIFICATION . . . . . . . . . . . . . . . 6
6.1 Insurance Provided by Landlord . . . . . . . . . . . . . . . 6
6.2 Insurance Provided by Tenant . . . . . . . . . . . . . . . . 6
6.3 Indemnification of Landlord . . . . . . . . . . . . . . . . . 6
7.0 ABANDONMENT AND SURRENDER . . . . . . . . . . . . . . . . . . . . . 7
7.1 Abandonment . . . . . . . . . . . . . . . . . . . . . . . . . 7
7.2 Surrender of Lease . . . . . . . . . . . . . . . . . . . . . 7
8.0 DAMAGE AND DESTRUCTION OF PREMISES . . . . . . . . . . . . . . . . 7
10.0 DEFAULT AND REMEDIES . . . . . . . . . . . . . . . . . . . . . . . 8
10.1 Default by Tenant . . . . . . . . . . . . . . . . . . . . . . 8
10.2 No Waiver . . . . . . . . . . . . . . . . . . . . . . 9
10.3 Landlord's Default . . . . . . . . . . . . . . . . . . . 9
11.0 CONDEMNATION . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12.0 MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . 9
12.1 Entry and Inspection . . . . . . . . . . . . . . . . . 9
12 .2 Jurisdiction and Venue . . . . . . . . . . . . . . . . . 9
12 .3 Partial Invalidity . . . . . . . . . . . . . . . . . . . . . 9
12 .4 Successors in Interest . . . . . . . . . . . . . . . . . . . 10
12.5 No Oral Agreements . . . . . . . . . . . . . . . . . . . . 10
12.7 Relationship of Parties . . . . . . . . . . . . . . . . . . . 10
12.8 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . 10
12.9 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12.10 Waiver . . . . . . . . . . . . . . . . . . . . . . 10
12.11 Exhibits and Addenda . . . . . . . . . . . . . . . . . . . . 10
Exhibit "A" - Legal Description of the Property
Exhibit "B" - Plot Plan of the Property Showing Location
of Demised Premises
Exhibit "C" - Intentionally Deleted
Exhibit "D" - Rules and Regulations
FS2\276\014084�080875.1 01/18/94 -i i-
From : HREWMEISTERS 6 22-5713 700. 1995 11:55 AM P01
AI:401M, CERTIFICATE OF INSURANCE DATE(MMMOryYl
PRODUDER .. _
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Desert West Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Agency HOLDER, THIS CERTIFICATE DOES NOT AMEND EXTEND OR
74-275 Fkay 111 ALTEp THE COVERAGE AFFORDED THE,POUGIES BELOW.
Palm Desert, CA. 92260 COMPANIES AFFORDING COVERAGE
COMPANY
INSURED
A Penn Amexica. Ins. Cb.
.. . ,
COMPANY
American Open Air Markets and S
macamerica/ Inc. COMPANY
340 S. Farrell, #106 C
Palm Springs, CA. 92262 COMPANY
COVERAGES....
_...I_..,.. ... D
'
THIS IS TO CERTIFY THAT THE POLICIES OP INSURANCE LISI ED BELOW HAVE BEFN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY RLOUIREAIFNT,TERM OR CONDITION Of-ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CGRT IFIGATE MAYBE ISSUED OR MAY PEM AIN,THE INSURANCE AFFORDED BY 1HE POLICIES DESCRIBED HEREIN IS SUBJFCT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN RLDUCED BY PAID CLAIMS.
COI TYPEOFINSURANCE POLICY NUMBER POLICYEFFECTIVE I POLICYEXPIRATION
LTRI DATE(MM(CDrYY) DATE(MMIDDIVV) LIMITS
GENERAL LIABILITY I GENFRAI AGGREQAIE Fl1,000,Goo., -,
I COMMERCIAL GENERAL LIABILITY
x PRODUCTS-COMPIOP AGO Ry ODO DUO.
A I I CLAIMSMADF I XI OCCUR PAC 60029217 1-10-95 10-1-95 PERSONAL It ADV INJURY OWNERSt1,F00o,DOD-..--,
F CONT PROT
i EACHQccunncNcF $1,000,000
FIRE DAMAGE(Any om Iwo) F
I MCD_CNP(Any P .pereon) $ 1�00p___
AUTOMOBILE LIABILITY
ANYAUTO COMBINED SINGL E LIMIT $
ALL OWNED AUTOS
SCHEDULED AUTOS Po01LY INJURY $
Perron)
I HIREDAUIM
II BODILY INJURY $NONOWNED AUTOS (PC,ncciAonl)
PROPERTY DAMAGE t
GARAGE LIABILITY AUIO ONLY-EA ACCIDENT $ -
IANYAVTO OTHER THAN AUTO ONLY
EACHACCIDENI $
AGGRCGAT[ F
EXCESS LIABILITY EACH OCCURRENCE $
j UMBRELLA FORM AGGRCGATE $
j OTHER THAN UMBRELLA FORM S
WORKERS COMPENSATION AND STATUTORY LIMITS
EMPLOYERS'LIABILITY
EACH ACCIDENT F
THE PROPRIETOR/ I ARTNERSIEXECUTIVE INC,I DISEASE-POLICY LIMn $
QFFlCFgS qqF' EXCL DISEASE EACH EMPLOYEE $
OTHER
DESCRIPTION OFOPEAATION$A-OCATIONSNFHICLEBISPECIAL ITEMS
CERTIFICATE HOLDER - CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
ADDITIONAL INSURED: EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
City OP Palm Springs 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
P.O. Box 2743 n� BUT FAILURE TO MAIL BUCK NOTICE SHALL ME NO ORUGATION OR UABILRY
Palm Springs, CA. 92263 F ANY KIND UPON THE COMPANT, AGENTS OR REPRESENTATIVES.
...... .........__,.- ...P _. ... ..
UT flEPRESEIRATNE
Att: City Clerk � �
ACORD 25.5(3193) 1 O ACORD CORPORATION 1993