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Home My WebLink About00229C - PS INTERNATIONAL FILM FESTIVAL PLAZA THEATER PS Intl Film Festival - Rent I Plaza Theater 1990 Only AGREEMENT #229 RENTAL AGREEMENT Exec Dir signed 12-29-89 THIS --'_EASE, dated December 29, 1989, between Therv—.- of the City of Palm Springs, (Landlord) , and the Palm Springs International Film Festival (Tenant), is based on the following: RECITALS OF FACT: A. Landlord is the owner of certain premises and improvements in the City of Palm Springs, County of Riverside, State of California, located at 128 South Palm Canyon Drive; and B. Tenant desires to lease said premises and improvements for the purpose of conducting therein a film festival , and for no other purpose. AGREEMENT: Landlord, in consideration of the covenants herein contained, rents to Tenant the aforementioned premises and improvements UPON THE FOLLOWING TERMS AND CONDITIONS: 1. TERM - This Agreement shall be for a term commencing on January 1, 1990, and terminating on January 31, 1990. 2. RENTAL - No rent shall be charged to the Tenant under this Agreement. 3. COMMON AREA - Tenant shall be entitled, during the term of this lease, to the non-exclusive use of the common areas on the premises. 4. CONDUCT BUSINESS - Tenant agrees at all times to maintain and conduct Tenants operations in a lawful manner and in strict compliance with and observance of all Government rules, regulations, ordinances and laws. Tenant will so conduct its business so as not to invalidate or increase the cost of any policy of insurance carried by Landlord on the premises, improvements and equipment. 5. ASSIGNMENT AND SUBLETTING - The premises shall be used for no other purpose than as above specified without the written consent of Landlord, and Tenant shall not sublet the premises or any part thereof, nor assign nor hypothecate this Agreement nor any rights therein nor in the rented premises without such written consent being first obtained. Any subletting, assignment or hypothecation without such written consent shall be void. Consent to a sublease will not be unreasonably withheld. 6. ALTERATIONS - Tenant agrees not to make or allow to be made any change, alteration or addition to or in any of the premises or improvements without first obtaining written consent of Landlord. All such alterations shall be made by Tenant at its own expense and Landlord shall be held harmless from any costs or liens as a result of such alterations or improvements. 7. FIXTURES - Tenant shall furnish all fixtures, equipment and furniture necessary for the conduct of its operations except those specifically agreed to be provided by Lessor. Tenant' s fixtures, equipment and furniture shall not nor shall any part thereof be permanently affixed to the buildings or to the floors or walls of the demised premises. At any time prior to expiration or termination of this lease, Tenant may remove said fixtures, furniture and equipment from the demised premises, provided, however, such removal shall not in any way damage the walls, floors, ceilings, doors or any other part of the demised premises belonging to the Landlord. Any injury to the premises caused by such removal shall be repaired by Tenant. 8. CONDITION OF PREMISES AND REPAIRS - The premises are accepted by Tenant in their present condition, and Tenant will at all times keep the interior of the hall and the premises neat, clean and in a sanitary condition. Tenant, at its expense, shall repair and maintain the mechanical equipment. Landlord shall maintain outside walls, roof and foundation in a reasonable condition. Tenant, at its expense, shall make all other repairs and maintain the premises in a good repair as they now are or may be hereafter. g: HOLD HARMLESS AGREEMENT - Tenant hereby waives all claims and recourse against the Agency including the right to contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incidental to this Agreement. Tenant agrees to indemnify, defend and save Agency, its agents and employees harmless from any and all liability, claims, damages, or injuries to any person, including injury to Tenant or its employees and all claims which arise from or are connected with the performance of or failure to perform the work or other obligations of this Agreement, or are caused or claim to be causes by the acts or omissions of Tenant its agents or employees, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the Agency, its agents or employees. 10. LIABILITY INSURANCE - During the entire term of this Agreement, Tenant agrees to procure and maintain public liability insurance at its sole expense to protect against loss from the liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person from any act or activities of the Agency or Tenant, its sublessee or any person acting for the Agency or Tenant or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of the Agency, or Tenant, or its sublessees, or any person acting for the Agency or Tenant, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the Agency against incurring any legal cost in defending claims for alleged loss. Such public liability and property insurance shall be maintained in full force and effect throughout the term of this Agreement and any extension thereof in the following minimum limits. Bodily Injury $ 500,000 each person $1,000,000 each occurrence $1,000,000 operations Property Damage $ 500,000 each occurrence $ 500,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and shall name the Community Redevelopment Agency of the City of Palm Springs as an additional insured. If the operation under this Agreement results in an increased or decreased risk in the opinion of the Executive Director, then Tenant agrees that the minimum limits hereinabove designated shall be changed accordingly upon request by the Executive Director; provided, however, that the Tenant may appeal to the Agency Board of Directors within ten days after any increase is requested and such requirement for increased coverage shall be subject to determination by the Agency Board of Directors. Tenant agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which the Tenant may be held responsible for the payment of damages to persons or property resulting from Tenant's activities of any person or persons for which Tenant is otherwise responsible. �p (�'10 J'k � /�iv� j �✓sraua �s li: WORKER'-S_ COMPENSATION INSURANCE - The Tenant shall procure and- ` maintain, aar—i-t sole expense, Worker's Compen sat io�-ns ra an in such amount as will ua-ly comply with the atvs of the State of California and which shall ind me ni•f re and provide legal defense r+� for both the Tenant and the ge�y against y_l-oss, claim, or damage � arising from an�irrj r�ies or occupational dise sa es—happening to any wor��k,.e�.r ei p oyed by the Tenant in the course of carrying out_ the-Within agreement. 12. EVIDENCE OF INSURANCE - A certificate of Insurance, or an appropriate insurance binder, evidencing the above insurance coverage with a company acceptable to the executive Director shall be submitted to the Agency prior to execution of this Agreement naming the Agency as an additional named insured. 13. NOTICE TO AGENCY, INSURANCE COVERAGE CHANGE - The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or cancelled by the carrier, for nonpayment of premiums or otherwise, without thirty (30) days prior written notice of amendment or cancellation to the Agency. In the event the said insurance is cancelled, the Tenant shall , prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts heretofore established. 14. ATTORNEY'S FEES - Tenant agrees to pay and discharge all costs and expenses including reasonable attorney's fees that may be incurred by Landlord in enforcing the covenants of this lease or the rights of Landlord in the demised premises. Tenant agrees at the termination of this Agreement for any reason to quietly vacate and surrender the demised premises in good condition, reasonable wear and tear excepted. 15. UTILITIES - Tenant agrees to pay promptly all charges against the leased premises for public utilities, including but not limited to the electricity, waste disposal , gas, water and telephone. Landlord agrees at its expense to keep the surrounding garden, walks and lawn in good condition. IN WITNESS WHEREOF the parties have ex uc>c ted th 's lease on the day and year first above written. By r Name ? a ` S / nr�clk -7 t }. By Name ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA BY City Clerk Executive Director REVIEWED & APPROVED ��