HomeMy WebLinkAbout03991 - PSUSD AIPORT SUPPLEMENTAL SPACE USE MO 6170 pA�M se City of Palm Springs
Office of the City Clerk
A �, (760) 323-8204
MEMORANDUM
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Date: August 11, 2003
To: Airport—Janet Buck
From: City Clerk
AGREEMENT#3991 PSUSD —Airport Hanger
Please let us know the status of the above agreement, and if it may be closed.
Termination Date of Agreement: Terminated by City 06-30-03
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STATUS: C
COMPLETED:
REMAIN OPEN UNTIL:
Date & Initials
CLOSE AGR
igna ture
PLEASE RETURN TO THE OFFICE OF THE CITY CLERK
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• • PS Unified School District
Supplemental Space Use Agr
AGREDSUPPLEMENTAL SPACE USE AGREEME Signed
C1991
LEASE AGREEMENT NQ 3991 Signed by Crt 9-14-00
PALM SPRINGS UNIFIED SCHOOL DISTRru-r --
THIS SUPPLEMENTAL SPACE AND USE AGREEMENT, made and entered into as of the 1st,day
of August 2000, by and between the CI1Y OF PALM SPRINGS, a municipal corporation organized and
existing under the laws of the State of California, hereinafter referred to as "CITY" and Palm Springs
Unified School District.
WITNESSETH:
WHEREAS,CITY owns and operates an airport known as the Palm Springs International Airport,
situated in the City of Palm Springs, County of Riverside, State of California, hereinafter referred to as
"Airport"; and -
WHEREAS, Palm Springs Unified School District is operating at the Airport under separate
agreement,"Airport Useand Lease Agreement NQ 3991",and wishes to utilize additional hanger/storage
space at the Airport; and
NOW, THEREFORE, for and in consideration of the premises, and of the covenants and
conditions hereinafter contained to be kept and performed, the parties hereto do agree as follows:
ARTICLE I
PREMISES, RIGHTS AND PRIVILEGES
CITY hereby offers to Palm Springs Unified School District and Palm Springs Unified School
District takes from CITY,for its exclusive use except as otherwise noted, certain premises located in the
terminal building, consisting more particularly of the following, to-wit:
Storage space containing 3,293 square feet as designated on Exhibit"A," attached hereto and
made a part of this Agreement.
ARTICLE II
TERM OF AGREEMENT
The term of this Agreement shall be for a period commencing on Auqust 1, 2000 and
automatically renew for a period not to exceed the existing option term as defined in"Lease Agreement
NQ 3991" , with the Agreement by both parties that the Agreement can be terminated for any reason
by either CITY or Palm Springs Unified School District on thirty days'written notice.
ARTICLE III
RENTALS FEES AND OTHER CHARGES
The rental rate for this space shall be computed at the rate of$.15 per square foot per annum
and shall be $493.95 per month, payable by Palm Springs Unified School District to CITY, beginning
August 1, 2000, and the first day of each month thereafter.
ARTICLE IV
IMPROVEMENTS AND ALTERATIONS
No improvements, alterations or additions other than those heretofore installed or approved by
CITY,shall be made into or upon the demised premises by Palm Springs Unified School District without
the written consent of CITY being first obtained.
ARTICLE V
MAINTENANCE AND OPERATION
Section I. Utilities: CITY shall maintain heating and air conditioning systems in good condition
and repair.
Section 2. Repair and Maintenance: Palm Springs Unified School District shall, at its sole cost
and expense, maintain the demised premises, including all interior improvements, constructed or
installed by CITY or Palm Springs Unified School District therein, except heating and air conditioning
ducts and systems and utility maintenance, and shall keep said premises in good condition and repair
in a neat, clean, sanitary and sightly condition, and shall furnish janitorial service.
Section 3 Trash Garbage and Other Refuse: Palm Springs Unified School District shall provide
a complete and proper arrangement for the adequate, sanitary handling and disposal, away from the
Airport of all trash, garbage and other refuse caused as a result of the operation of its business. Palm
Springs Unified School District shall provide and use suitable,covered metal receptaclesfor all garbage,
trash and other refuse on or in connection with the demised premises. Piling of boxes, cartons, barrels
or other similar items in an unsightly or unsafe manner,on or aboutthe demised premises, isforbidden.
ARTICLE VI
INSURANCE
It is agreed by the parties that the broad insurance provisions provided under Palm Springs
Unified School District Airport Lease Agreement N°3991, a separate agreement, shall also apply to the
additional space provided for herein.
ARTICLE VI I
MISCELLANEOUS
Section 1. This Agreement shall be construed and enforced in accordance with the laws of the
State of California.
Section 2. The mailing address of City shall be P.O. Box 2743, Palm Springs, California, 92263-
2743, until written notice of change thereof has been given to Lessee.
Section 3. The mailing address of Palm Springs Unified School District shall be Palm Springs
Unified School District 333 South Farrell Drive, Palm Springs, CA 92262 until City has received written
notice of change thereof.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on this 1" day of August, 2000.
Attes �
By City Clerk CITY OF PALM SPRINGS, CALIFORNIA
CITY OF PALM SPRINGS, a municipal
corporation,
Dir for of Aviation
Palm Springs International Airport
City Manager
APPROVED AS TO FORM Palm Sprin nified Sc ool istrict
ity torney ON
)ate
PS Unified School District
• (PSUSD) Lease Agreement
AGREEMENT #3991
M06170, 6-17-98
LEASE
CITY OF PALM SPRINGS,
a miunicipal corporation
"Landlord"
and
PALM SPRINGS UNIFIED SCHOOL DISTRICT
"Tenant"
LEASE
THIS LEASE ("Lease") is made and entered into this -L?—Jr-'day of
� tv,e, , 19C/67 , by and between the CITY OF PALM SPRINGS, a municipal
corp6-r#on ("Landlord"), and PALM SPRINGS UNIFIED SCHOOL DISTRICT ("Tenant").
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1 . 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 together with the improvements located thereon and as
depicted on the Plot Plan attached as Exhibit "B" hereof.
1 .2 Lease Commencement Date. The term of this Lease shall commence on
July 1 , 1998 and shall terminate on June 30, 2000.
1 .3 Extension Options. Three (3) one-year options.
1 .4 Monthly Rental. Base Rental - $1 ,500 per month (See Section 3.1 )•
Percentage Rental: None.
1 .5 Security Deposit. None.
1 .6 Use of Demised Premises. Thewarehousing of school district furniture and
office equipment for internal school usage. Other items will include books, supplies and
miscellaneous paper materials. Items specifically prohibited from storage include, but are not
limited to,flammable liquids, hazardous materials and machinery powered by combustible fuel.The
facility is to be used only for the long-term warehousing of acceptable materials. Materials may not
be stacked higher than eight (8) feet. Tenant will use its best efforts to restrict the use of the
facility to School District employees and shall ensure that there is little or no occupancy of the
building on a daily basis. (See Section 4.1).
1 .7 Not Applicable Sections. Section 3.2, 3.10, 13.2.
1 .8 Termination. Landlord shall have the express right to terminate this
Lease upon providing Tenant one hundred twenty (120) days written notice of such intent
if Landlord requires the premises for an aviation-related use.
1 .9 Tenant's Address for Notices.
William J. Schmidt, Director
Facilities, Planning & Development
Palm Springs Unified School District
333 South Farrell Drive
Palm Springs, CA 92262
2. TERM.
2.1 Initial Term. The initial term of this Lease shall commence on the date
specified in Section 1 .2 ("Commencement Date") and shall continue for the period specified
therein unless earlier terminated as provided herein.
2.2 Option Term. Tenant is given the option(s) to extend the term on all of
the provisions contained in this Lease for the period specified in Section 1 .3 ("extended
term") following the expiration of the initial term or any other extended term properly
exercised hereunder, by giving notice of exercise of the option ("option notice") to Landlord
at least one hundred twenty (120) days but not more than six (6) months before the
expiration of the initial term or any other extended term properly exercised hereunder;
provided that, if Tenant is in default on the date of giving the option notice, the option notice
shall be totally ineffective or, if Tenant is in default on the date the extended term is to
commence, the extended term shall not commence and this Lease shall expire at the end of
the initial term or properly exercised extended term.
2.3 Time. Time is of the essence of this Lease.
2.4 Force 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 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 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 (1 50%) of the last applicable Monthly Rental and upon terms and
conditions as existed during the last year of the term hereof.
3. RENTAL.
3.1 Monthly Rental. Tenant shall pay to Landlord, during the term of this
Lease from and after the Commencement Date as monthly rental ("Monthly Rental") for the
Demised Premises the sum specified in Section 1 .4 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.
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3.2 Percentage Rental.
(a) In addition to the Monthly Rental hereinabove agreed to be paid
by Tenant, Tenant shall and will pay to Landlord at the time and in the manner herein
specified as additional rental (sometimes referred to herein as "percentage rental") a sum
equal to the following:
(i) The product of the rate set forth in the Landlord's fee
schedule payable by Fixed Base Operators times the gross sales made in, upon, or from the
Demised Premises with respect to any commercial activity each month during 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 sales made in, upon, or from the
Demised Premises during the preceding calendar month relating to such commercial activity
(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 such total monthly gross sales made in, upon, or from the
Demised Premises during each calendar month.
(c) The term "gross sales" as used herein means the total gross
receipts, including the actual charges for all services performed by Tenant and fees charged
by Tenant and by anyone including any subtenant, licensee or concessionairc 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 for inability or failure to collect,
including but not limited to sales, leases and services related to said commercial activity for
which there is a Fixed Base Operator fee. 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 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) full, complete and proper books,
records and accounts of its daily gross sales, 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 sales 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
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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 sales 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.
3.3 Cost of Living Adjustment. Upon the Commencement Date of the first
extension option, the Monthly Rental shall be adjusted in proportion to changes in the
Consumer Price Index except that said adjustment shall not exceed 25%. 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 Consumer Price Index, All Urban Consumers (All Items), for the
Los Angeles-Anaheim-Riverside Metropolitan 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 Price
Index is no longer published at the adjustment date, it shall be constructed by conversion
tables included in such new index.
3.4 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.
3.5 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 any
possessory interest taxes), as well as taxes of every kind and nature levied and assessed in
lieu of, in substitution for, or in addition to, existing real property taxes. Such amount shall
be paid on the date that is twenty (20) days prior to the delinquent date or, if Landlord
receives the tax bill, ten (10) days after receipt of a copy of the tax bill 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 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.
3.7 Utilities. Tenant shall pay before delinquency all charges for water, gas,
heat, electricity, power, sewer, telephone service, trash removal and all other services and
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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.
3.8 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.
3.9 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%) 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 Permit. Tenant shall continuously maintain in effect during the term
hereof a Commercial Aeronautical Business permit from the Airport.
4. USE OF THE PREMISES.
4.1 Permitted Use. The Landlord hereby leases to Tenant and Tenant hires
from Landlord the Demised Premises with appurtenances as defined herein, for the purpose
of conducting thereon only the use specified in Section 1 .6 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 la) 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 .6 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
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, than Tenant has violated any such order or statute in said
use, shall be conclusive of that fact as between the Landlord and Tenant.
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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 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 1980 ("CERCLA"), 42 U.S.C. Sections 9601 et sec .; (ii) the Resource
Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. Sections 6901 et seq.; (iii)
California Health and Safety Code Sections 25100 et seq.; (iv) the Safe Drinking Water and
Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5 et seq.;
(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 et
seq.; (viii) California Water Code Section 1300 et sue.; and (ix) California Civil Code Section
3479 et sec ., 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 et sue.
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 Non-Discrimination & FAA Required Clauses.
(a) Tenant, in the operations to be conducted pursuant to the
provisions of this Lease and otherwise in the use or the Airport, shall not discriminate against
any person or class of persons by reason of race, color, sex, creed or national origin as in any
manner prohibited by Part 15 of the Federal Aviation regulations or any amendments thereto.
(b) Tenant shall furnish its accommodations and/or services on a fair,
equal and not unjustly discriminatory basis to all users thereof. It shall charge fair, equal and
not unjustly discriminatory prices for each unit or service; provided, however, that the tenant
may be allowed to make reasonable and non-discriminatory discounts, rebates or other similar
types of price reductions to volume purchasers in accordance with the other provisions of this
Lease with regard to discounts and rebates.
(c) The Tenant agrees to insert the anti-discrimination provisions
hereinabove enumerated in any agreernent by which said Tenant grants a right or privilege to
any person, firm or corporation to render accommodations and/or services to the public on
the Demised Premises.
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(d) Landlord also reserves the right, but shall not be obligated to
Tenant, to maintain and keep in repair the landing area of the Airport, as well as publicly-
owned facilities of the Airport, together with the right to direct and control the activities of
the Tenant in this regard.
(e) Tenant hereby agrees to comply with the notification and review
requirements covered in Part 77 of the Federal Aviation regulations in the event any future
structure or building is planned or in the event of any planned modification or alteration of any
present or future building or structure situated on the Demised Premises.
(f) Landlord hereby reserves a right of flight for the passage of
aircraft in the airspace above the surface of the Demised Premises together with the right to
create in said airspace such noise as is or shall become inherent in the operation of aircraft
operating on the Airport.
(g) Tenant, by accepting the Lease, expressly agrees for itself, its
successors and assigns that it shall not erect nor permit the erection of any structure or
object nor permit the growth of any tree on the land leased hereunder above the mean sea
level elevation of five hundred (500) feet. In such an event, Landlord reserves the right to
enter upon the Demised Premises and cause the abatement of the interference or hazard at
the expense of the Tenant.
(h) Tenant, by accepting this Lease, expressly agrees for itself, its
successors and assigns that it shall not use the Demised Premises in any manner which might
interfere with the landing and taking off of aircraft from on or off the Airport or otherwise
create a hazard. In such an event, Landlord reserves the right to enter upon the Demised'
Premises and cause the abatement of the interference or hazard at the expense of the Tenant.
(i) This agreement and all the provisions hereof shall be subject to
whatever right the United States Government now has or in the future may have or acquire
affecting the control, operation, regulation or commandeering of the Airport or the exclusive
or non-exclusive use of the Airport by the United States during the time of war or national
emergency.
(j) Operations for Benefit of Public. Tenant agrees to operate the
Demised premises for the use and benefit of the public, to make available all Tenant's airport
facilities to the public, without discrimination on the grounds of sex, race, color or national
origin and to refrain from imposing or levying excessive, discriminatory or otherwise
unreasonable charges or fees for any use of its facilities or otherwise unreasonable charges
or fees for any use of its facilities for services. Nothing herein contained shall be construed
to grant or authorize the granting of an exclusive right within the meaning of Section 308 of
the Federal Aviation Act of 1958, as amended. Other Tenants or aircraft shall have the right
to cross over taxiway/ramp areas of the Leasehold.
4.5 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 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)
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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.
4.6 Public Facilities, Ingress. Egress and Quiet Enioyment Landlord agrees
that Tenant, upon payment of the rental hereunder and performing the covenants of the
Lease, may quietly have, hold and enjoy the Demised Premises during the term of the Lease,
and that Tenant shall have the non-exclusive right to use, in common with others, the public
facilities at the Airport and Tenant shall have a reasonable right of ingress to and egress from
the Demised Premises and the public facilities for its employees, visitors and customers.
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. 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.
5. ALTERATIONS AND REPAIRS
5.1 Improvements, Alterations and Fixtures. Tenant shall not make or suffer
to be made, any alterations or improvements to the Demised Premises, or any part thereof,
without the prior written consent of Landlord, and any alterations or improvements 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
free and Ilea' of any liens or encumbrances. Tenant shall not in any event make any changes
to the exterior of the Demised Premises, if any. Any such alterations or improvements shall
be in conformance with the requirement of all municipal, state, federal, and other
governmental authorities, including requirements pertaining to the health, welfare or safety
of employees of the public and in conformance with reasonable rules and regulations of
Landlord. Landlord may require that any such alterations or improvements be removed prior
to the expiration of the term hereof. Any removal of alterations or improvements or furniture
and trade fixture 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 surrendered in a good, clean and sanitary condition as required
by Section 5.2 hereof. Any and all fixtures, improvements 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.
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 (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
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make repairs at the expense 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.
6.3 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.
5.4 Construction Obligations. Tenant agrees to construct the improvements
to the extent shown on the attached Exhibit "E" (Landlord's Work" and "Tenant's Work," as
applicable) at each party's sole cost and expense.
5.5 Landlord's Reserved Rights.
(a) Airport Development and Safety. Landlord reserves the right to
further develop or improve the aircraft: operating area of the Airport as it sees fit, except that
portion of the Airport comprising of the Demised Premises, and Landlord reserves the right
to take any action it considers necessary to protect the aerial approaches of the Airport
against obstruction, together with the right to prevent Tenant from erecting or permitting to
be erected any building or other structure of the Demised premises which, in the opinion of
Landlord, would limit the usefulness of the Airport or constitute a hazard to aircraft.
(b) Lease to United States. During the time of war or national
emergency, Landlord shall have the right to lease the landing area or any part thereof to the
United States Government for military or naval use, and, if such lease is executed, the
provisions of the Lease insofar as they are inconsistent with the provisions of the Lease to
the Government shall be suspended and, in that event, a just and proportionate part of the
rent hereunder shall be abated, and the period of such closure shall be added to the term of
this Lease so as to extend and postpone the expiration thereof unless the Tenant otherwise
elects to terminate the Lease.
6. INSURANCE AND INDEMNIFICATION.
6.1 Insurance Provided by Tenant.
a. Food Preparation. Tenant, if involved in food preparation and sales
as a cafe, restaurant, or similar use, and/or food takeout service, shall install at Tenant's
expense any fire protective systems in grill, deep fry, and cooking areas which are required
by city, county, and state fire ordinances, and such system when installed shall qualify for
full fire protective credits allowed by the fire insurance rating and regulatory body in whose
jurisdiction the Demised Premises are located.
b. Tenant to Provide Personal Property Insurance. Tenant, at its
expense, shall maintain fire and extended coverage insurance written on a per occurrence
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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) 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; 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 6.1 above.
(d) 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.
(e) General Provisions Applicable to Tenant's Insurance. All of the
policies of insurance required to be procured by Tenant pursuant to this Section 6.1 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 canceled
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 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 City Council 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,
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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.
6.2 Tenant to Provide Fire and Extended Coverage Insurance. Tenant, at its
expense, shall maintain fire and extended coverage insurance throughout the term of this
Lease written on a per occurrence basis on the Demised Premises, its trade fixtures,
equipment, personal property and inventory within the Demised Premises from loss or damage
to the extent of the full replacement value.
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 (i) the negligent performance of the
work, operations or activities of Tenant, its agents, employees, subcontractors, or invitees,
provided for herein, or (ii) arising from the use of the Demised Premises or the parking and
common areas by Tenant or its employees and customers, (iii) or arising from the failure of
Tenant to keep the Demised Premises in good condition and repair, as herein provided, or (iv)
arising from the negligent acts or omissions of Tenant hereunder, or (v) 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. 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. DAMAGE AND DESTRUCTION OF PREMISES.
8.1 Partial Destruction. In the event that, through no fault of Tenant and
during the term of this Lease (a) less than fifty (50%) of the Demised Premises is destroyed
or damaged requiring repairs to the Demised Premises, or (b) the Demised Premises is
declared unsafe or unfit for occupancy by any authorized public authority for any reason,
which declaration requires repairs to less than fifty (50%) of the Demised Premises, the City
shall make repairs within a reasonable time after the determination made under Section 8.4
herein. No such damage or 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. Tenant shall promptly clean and remove all debris resulting from said damage
or destruction. City shall restore the premises to a good an habitable condition following any
repairs required hereunder.
8.2 Substantial Destruction. In the event that, through no fault of Tenant,
(a) more than fifty (50%) of the Demised Premises is destroyed or damaged during the term
of this Lease requiring 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,
which declaration requires repairs to more than fifty (50%) of the Demised Premises, the
Demised Premises shall not be repaired and the Lease shall be null and void.
8.3 Tenant Damages or Destruction. In the event that any damage to the
Demised Premises is caused by Tenant's acts or omissions, regardless of whether such acts
or omissions constitute negligence on the part of Tenant, Tenant shall make repairs,
beginnings such repairs within thirty (30) days after the determination made under Section
8.4 herein. No such damage or 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. Tenant shall promptly clean and remove all debris resulting from sail
damage or destruction. Tenant shall restore the premises to a good and habitable condition
following any repairs required hereunder.
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8.4 Determination of Extent of Damages or Destruction. The City, in its sole
discretion, shall make any determination required under Sections 8.1, 8.2 or 8.3 above
regarding the extent or cause of damages to the Demised Premises or the extent of repairs
to be performed on the Demised Premises pursuant to any declaration form an authorized
public authority that the Demised Premises is unsafe or unfit for occupancy. The City's
determination herein shall be final, unless, within ten (10) days of such determination, Tenant
provides City with a written request for reconsideration of such decision pursuant to the
terms herein. Any reconsideration of a decision made by the City herein will first be attempted
to be resolved by a person selected by the Tenant and a person selected by the City, after
an inspection of the Demised Premises. Should the parties be unable to resolve the dispute
to their mutual satisfaction within two (2) weeks after such negotiation, or any other
mutually agreeable time period, the parties will attempt to resolve the dispute through non-
binding mediation (using a mediator upon which the parties shall mutually agree) within thirty
(30) days, as a condition precedent to pursuing litigation. Neither party shall be obligated to
engage in mediation for longer than two (2) weeks. Each party shall be responsible for its
own expenses and one-half of any mediation expenses incurred to resolve the dispute. If the
parties are still unable to resolve their differences after good faith consideration of a resolution
through mediation for a period not to exceed two (2) weeks, each party shall have the right
to pursue litigation in accordance with the provisions set forth below. Neither party shall
commence any action at law or in equity as a result of any dispute herein until the above
procedures with respect to settlement and mediation have bee complied with.
9. ASSIGNMENT AND SUBLETTING.
Tenant shall not assign this Lease or 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 or subletting shall be subject to all of
the terms and conditions of this Lease and proposed assignee shall assume the obligations
of Tenant under this Lease in writing in form satisfactory to Landlord. The proposed assignee
shall simultaneously provide to Landlord an estoppel certificate in the form described in
Section 13.2 hereafter. 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 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.
Landlord shall be under no obligation to consider a request for 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 with audited financial statements of the
proposed assignee, a history of the proposed assignee's business experience and such other
information as required by Landlord the criteria for assignment as set forth herein are met.
In addition, if Landlord determines that the Monthly Rent payable to Landlord under this Lease
is less than the fair market rental 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.
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10. ENCUMBRANCE.
(a) This Lease, or any right to or interest in, or any of the improvements on
the Demised premises, may be encumbered with the written approval of Landlord. No such
encumbrance or addition thereto or extension thereof shall be valid without said approval.
Any such approved encumbrance shall be subject to the covenants, conditions and
restrictions set forth herein and to all rights of Landlord.
(b) Any encumbrance must be confined to the leasehold interest of Tenant
or the sub-leasehold interest of a subtenant, and shall not affect in any way the landlord's
interest in the land. The encumbrance shall provide that the proceeds from fire or extended
coverage insurance shall be used for the repair or rebuilding of the leasehold improvements
and not to repay any part of the outstanding mortgage. Tenant agrees to furnish, as
requested, any financial statements or analysis pertinent to the encumbrance that Landlord
may deem necessary to justify the amount, purpose and terms of said encumbrance.
(c) In the event of default by the Tenant of the terms of an approved
encumbrance, the encumbrancer may exercise any rights provided in such approved
encumbrance provided that, before any sale of the leasehold estate, whether by power of sale
or foreclosure, the encumbrancer shall give to Landlord notice of the same character as is
required to be given to Tenant by such encumbrancer pursuant to the loan documents and/or
the laws of the State of California and Landlord shall be given an additional thirty (30) days
in which to cure the default after the time for tenant to cure has expired.
(d) If any sale under the approved encumbrance occurs, whether by power
of sale or foreclosure, and the purchaser at such sale is the encumbrancer, the encumbrancer
may sell and assign the Lease without any further consent of Landlord provided that the
assignee shall agree in such assumption by the assignee, the encumbrancer shall be released
from all future obligations of the Tenant under the Lease. If a sale under the approved
encumbrance occurs, and the purchaser is a party other than the encumbrancer, said
purchaser, as successor in interest to the Tenant, shall be bound by all the terms and
conditions of the Lease and the purchaser shall assume in writing the obligations of Tenant
hereunder.
(e) If notice of such sale shall be given and the defaults or any of them upon
which such notice of sale is based shall then continue, Landlord shall have the right to correct
such defaults at any tim e prior to the date of sale or foreclosure, and to terminate such
leasehold upon paying to the encumbrancer the balance of the encumbrance as hereinafter
defined.
(f) "Balance of encumbrance" shall mean the amount of principal remaining
unpaid on a note secured by a trust deed or mortgage of an interest plus accrued and past
due interest thereon and expenses incurred by the lender in connection with foreclosure
including by not limited to, fire insurance premiums, title insurance expenses, recording fees,
appraisal fees, credit reports and any tax reporting services and additional expenditures paid
by the lender on additions, betterments and rehabilitations of improvements on the property
encumbered pursuant to plans approved by landlord, which consent may not be unreasonably
withheld, and other expenses necessary to place the improvements in marketable condition,
such adjusted principal to be paid in ease or, at the option of Landlord, amortized over the
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term and in accordance with the schedule set forth in said note, the interest rate on the
unpaid balance thereto to be as set forth in said note.
(g) Landlord agrees to provide encumbrancer written notice of any default
by Tenant under this lease and an opportunity to cure at the time notice of such default is
provided to Tenant and give encumbrancer thirty (30) days to cure a monetary default or
forty-five (45) days to cure a non-monetary default cannot be cured within such period of
forty-five days, encumbrancer shall have a reasonable time to cure such default provided that
encumbrancer commences to cure within said forty-five days and diligently prosecutes the
cure to completion. Such period of time shall include the time to complete a foreclosure
action if encumbrancer needs to gain possession of the Demise Premises to cure said default
by Tenant.
11. DEFAULT AND REMEDIES.
11 .1 Default by Teneint. 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 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 Oil Landlord shall have the right at any time thereafter to
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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 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 zany 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.
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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 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 there-
tofore 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. 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 (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 �o 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. 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 Demised Premises as required by
the terms of this Lease or for the purpose of posting notices of non-liability 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 Estoppel Certificate. 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.
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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 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.
13.6 No Oral Agreements. This (i) Lease covers in full each and every
agreement of every kind or nature whatsoever between the parties hereto concerning this
Lease, IN) supersedes any and all previous obligations, agreements and understandings, if any,
between the parties, oral or written, and (iii) merges all preliminary negotiations and
agreements of whatsoever kind or nature herein. 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 Authority. 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 provisions of any other agreement to which
Tenant is bound.
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
-is-
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 City of Palm Springs, P.O. Box 2743, Palm
Springs, California, 92263, Attn: City Manager, and if to Tenant, as specified in Section 1 .7.
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 Waiver. No delay or omission in the exercise of any right or remedy by
a non-defaulting 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.
13.12 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.
13.13 At Expiration or Termination of Lease. Upon the expiration or sooner
termination of this Lease, Tenant shall promptly deliver to Landlord a quit claim deed
conveying its interest in the Demised premises to Landlord.
-19-
IN WITNESS WHEREOF, the parties have duly executed this Lease together with the
herein referred to Exhibits which are attached hereto, on the day and year first above written
in Palm Springs, California.
ATTEST: CITY PALM SI S, a municipal
corp ration
By: By:
Ci y- Jerk City Ma ger A
"LANDLORD"
REVIEWED AND APPROVED
RUTAN & TUCKER PALM SPRINGS UNIFIED SCHOOL DISTRICT
/f r
By:
City Attorney DAVID L. COSTNER, ASSISTANT SUPERINTENDENT
"TENANT"
P„'y'7�Pr28'_°0, PPS 03,',>"ry"li_a n;; d^p"-aa^� pp yy
A o'J PI>. �..[6 t +a�. 6J
co - I
-20-
EXHIBIT "A"
LEGAL DESCRIPTION OF THE DEMISED PREMISES
Legal description of property located in the City of Palm Springs, County of Riverside, State
of California:
That portion of Section 13, Township 4 South, Range 4 East, San Bernardino
Base and Meridian, in the City of Palm Springs, County of Riverside, State of
California, described as follows:
A portion of the building (storage space consisting of 9,320 square feet of
hangar/warehouse space and 400 square feet of office space) located on the
premises commencing at the Northeast corner of said Section 13; thence along
the northerly line of Section 13, South 89°48'00" West a distance of 508.91
feet; thence South 0°12'00" South a distance of 71 .11 feet; thence North
51 °10'25" West a distance of 66.28 feet; thence South 0°18'36" South a
distance of 336.5 feet; thence South 89°48'00" West a distance of 253.27
feet to the true point of beginning; thence South 0°12'00" South a distance
of 252.58 feet; thence 89°33'00" West a distance of 375.0 feet; thence
0°12'00" Northerly a distance of 252.58 feet; thence 89°48'00" Easterly a
distance of 375 feet to the True Point of Beginning and the portion of said
parcel containing 2.173 acres necessary for ingress and egress and two
parking spaces.
EXHIBIT "A"
TO LEASE
EXHIBIT"B"
PLOT PLAN OF DEMISED PREMISES
r School District Parcel
1 173 ACRE
I I
rill =q NOT TO SCALE
o LO
Ln I
I
h
o uk,„,
I � N I
I y ,
j 175,00'
I
o 7 Tenant Leasehold shall consist of the main hangar
AMR Parcel a i portion of the building only(grey shaded area) and
I that portion of the parcel necessary for ingress and
I I N89°48'00"E egress and two parking spaces.
--------------------------------------
107.00' I
I I I I
I to I I
I ICd
I
225.00' I
----------------'
S89°48'00"W I
0 1 Parcel ? o
""4 1 o 1 CD I
0
1 o A.S. Parcel j C� j
N
1 o i
I
I
I
----S89°4--- -------- j — --------- 50-- ---
EXHIBIT"B"
TO LEASE
EXHIBIT "C"
ESTOPPEL CERTIFICATE
Tenant:
Landlord: CITY OF PALM SPRINGS, a
municipal corporation
Date of Lease:
Demised Premises:
To:
The undersigned hereby certifies as follows:
1 . 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 , 19_, and,
including any presently exercised option or renewal term, will expire on
19_. '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
$ 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
EXHIBIT "C"
TO LEASE
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 the rent or Landlord. Tenant has no claim
against Landlord for any security or other deposits except $ 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
preferential right to purchase all of any part of the Demised Premises nor any right or interest
with respect to the Demised Premises other than as Tenant under the Lease. Tenant has no
right to renew or extend the term of the Lease except as set forth in the Lease.
7. Tenant has made no agreements with Landlord or its agent or employees
concerning free rent, partial rent, rebate of rental payments or any other type of rent or other
concession except as expressly set forth in the Lease.
8. There has not been filed by or against Tenant a petition in bankruptcy,
voluntary or otherwise, any assignment for the benefit of creditors, any petition seeking
reorganization or arrangement under the 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 19
By:
Its:
EXHIBIT "C"
TO LEASE
EXHIBIT "Y
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 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.
EXHIBIT "D"
TO LEASE
EXHIBIT "E"
CONSTRUCTION OBLIGATIONS
1 . Tenant shall assure certification of standpipes and fire hose cabinets as now required,
or may be required during the term of the Lease, by the Palm Springs Fire Department.
2. Tenant takes premises in an "as is" condition acknowledging that structural repairs are
needed for the hangar roof, most particularly the hangar door area.
EXHIBIT "E"
TO LEASE
CERTIFICATE OF INSURANCE/SELF INSUR�� _ ISSUE DATE 07/14/98
PRODUCER/ADMINISTRATOR: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
KEENAN& ASSOCIATES AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
3610 CENTRAL AVENUE, SUITE #400 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGES
RIVERSIDE, CA. 92506 AFFORDED BY POLICIES/MEMORANDUMS BELOW.
INSURED/COVERED MEMBER: ENTITIES AFFORDING COVERAGE 22
RIVERSIDE SCHOOLS' INSURANCE AUTHORITY andi4
PALM SPRINGS UNIFIED SCHOOL DISTRICT ENTITY A Rric
333 SOUTH FARRELL DRIVE PALM SPRINGS, CA 92262 SOUTHERN CALIFORNIA ReLiEF JPA
ATTN: MS. CAMILLE DALY Algk�vl��� r�fi
COVERAGES...THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE INSURED/COVERED MEMBER NAMED ABOVE FOR THE 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/MEMORANDUM AFFORDED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS OF SUCH POLICIES/MEMORANDUMS.
ENT TYPE OF COVERAGE_ POLICY/ EFF/EXP SIR/DED ALL LIMITS IN THOUSANDS
LTR I MEMO# DATE j
GENERAL LIABILITY
[X]COMMERCIAL GENERAL LIABILITY B.I.& P.D. COMBINED
A []CLAIMS MADE [X]OCCURRENCE EACH OCCURRENCE
[X]GOVERNMENT CODES SCR 00101-12 06-30-98/99 5,000 $ 5,000
[X]ERRORS & OMISSIONS
I]
AUTOMOBILE LIABILITY
[X]ANY AUTO B.I.&P.D. COMBINED
[]HIRED AUTO EACH OCCURRENCE
A []NON-OWNED AUTO SCR 00101-12 06-30-98/99 5,000 $ 5,000
[X]GARAGE LIABILITY
A PROPERTY
SCR 00101-12 06-30-98/99 5,000 $184,928 PER OCCURRENCE
ALL RISK
EXCL. EQ. &FLOOD
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/RESTRICTIONS/SPECIAL ITEMS:
AS RESPECTS LEASE OF WAREHOUSE STORAGE A 13 1011 "A" EAST ALEJO ROAD, PALM SPRINGS, CA 92262
THROUGH JUNE 30, 1999.
CERTIFICATE HOLDER: CANCELLATION ...... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES/MEMORANDUMS
BE CANCELED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY/JPA WILL
rnorr..m.G MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
THE LEFT,
CITY OF PALM SPRINGS r�
ITS OFFICERS, EMPLOYEES AND AGENTS
P.O. BOX 2743 ~ -•-
PALM SPRINGS, CA 92263
ATTN: MS. NANCY JO McINTOSH
K&A..P/L..06/98 AUTHORIZED REPRESENTATIVE
0 07/14/98
KA#003&A#003
ENDORSEMENT
ADDITIONAL COVERED INTEREST
INSURED/COVERED MEMBER POLICY/MEMORANDUM NUMBER PRODUCER/ADMINISTRATOR
PALM SPRINGS USD SCR 00101-12 KEENAN & ASSOCIATES
Subject to all its terms, conditions, exclusions and endorsements, such additional
covered interest as is afforded by the policy/memorandum shall also apply to the
foliowing entity but only as-respects to iiabiiity arising direcily from the actions and
activities of the named insured/covered member described under "as respects" below.
Additional Covered Interest:
CITY OF PALM SPRINGS
ITS OFFICERS, EMPLOYEES AND AGENTS
P.O. BOX 2743
PALM SPRINGS, CA 92263
As Respects:
LEASE OF WAREHOUSE STORAGE AT 3101 "A" EAST ALEJO ROAD, PALM SPRINGS, CA 92262 THROUGH JUNE 30,
1999.
Authorized Representative
i 0
So Cal ReLIEF CERTIFICATE OF COVERAGE ISSUEDATE 06/12/03
ADMINISTRATOR: LICENSE#0451271 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Keenan & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
3610 Central Avenue, Suite 400 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
Riverside, CA 92506 ALTER THE COVERAGES AFFORDED BY THE COVERAGE
DOCUMENTS BELOW.
COVERED PARTY: ENTITIES AFFORDING COVERAGE
RIVERSIDE SCHOOLS INSURANCE AUTHORITY ENTITYA Southern California
Palm Springs Unified School District ReLIEF
980 E . Tahquitz Canyon Way, Suite 200
Palm Springs, CA 92262
06
ATTN: Mr. Curtis Stephan
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE PERIOD INDICATED,NOTNITASTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE COVERAGE AFFORDED HEREIN IS SUBJECT TO ALLTHE TERMS,AND CONDITIONS OF SUCH COVERAGE DOCUMENTS,
ENT TYPE OF COVERAGE COVERAGE EFFECTIVE/ MEMBER
LTR DOCUMENTS EXPIRATION DATE RETAINED LIMIT LIMITS
DEDUCTIBLE
GENERAL LIABILITY
[X]GENERAL LIABILITY SCROO10117 07/01/03 COMBINED SINGLE LIMIT
A
[ ]CLAIMS MADE[NOCCURRENCE EACH OCCURRENCE
[X]GOVERNMENT CODES 07/01/04 $50, 000 $ 5, 000 , 000
[X]ERRORS&OMISSIONS
II
AUTOMOBILE LIABILITY
X]ANY AUTO COMBINED SINGLE LIMIT
[
A [yJANYAAUTO SCROO10117 07/01/03 EACH OCCURRENCE
HIRED[X]NON-OWNED AUTO 07/01/04 $50 , 000 $ 5, 000 , 000
[yJGARAGE LIABILITY
[X]AUTO PHYSICAL DAMAGE
PROPERTY SCROO10117 07/01/03
A ALL RISK EXCLUDES EARTHQUAKE&FLOOD 07/01/04 $25 , 000 $ 150 , 000 , 000
EACH OCCURRENCE
A STUDENT PROFESSIONAL LIABILITY S CR0 010117 07/01/03
07/01/04 $50, 000 $ Included
EACH OCCURRENCE
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL PROVISIONS:
Lease for warehouse storage at 3101 "A" East Alejo Road, Palm Springs, CA
92262 .
CERTIFICATE HOLDER: CANCELLATION SHOULDANYOFTHE ABOVEDESCRIBED COVERAGESBE
CANCELED BEFORE THE EXPIRATON DATE THEREOF,THE ISSUING ENTFTY/JPA
City Of Palm Springs WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTCETOTiE CEFTIRCATE
Its Officers, Employees & Agents HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL,SUCH NOTICE SHALL
P .O. BOX 2743 IMPOSE NO OBLIGATION OR UABILITYOF ANY KIND UPON THE ENTITY/JPA,ITS
Palm Springs, CA 92263-2643 AGENTS OR REPRESENTATIVES
7�
ATTN: Ms . Nancy Jo McIntosh AUTHORIZED REPRESENTATIVE
K&A..P/L..06/20001 of 1 #S27726/M26329 BKO
A.C.# 27726
SOUTHERN CALIFORNIA ReLiEF
ENDORSEMENT
ADDITIONAL COVERED PARTY
COVERED PARTY COVERAGE DOCUMENT ADMINISTRATOR
Palm Springs Unified School SCR0010117 KEENAN &ASSOCIATES
District
Subject to all its terms, conditions, exclusions and endorsements, such additional
covered party as is afforded by the coverage document shall also apply to the
following entity but only as respects to liability arising directly from the actions and
activities of the covered party described under "as respects" below.
Additional Covered Party:
City of Palm Springs Its Officers, Employees & Agents
P .O. Box 2743
Palm Springs, CA 92263-2643
As Respects:
Lease for warehouse storage at 3101 "A" East Alejo Road,
Palm Springs, CA 92262 .
Authorized Representative