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Appi oval Date: Wt2001_ -- Expire.Date: 11 N1 t20
1103 Closed Date: P77- - -_ I ,.
Contl actor Name:jAgua Ca6ente Band Cahutlla Indians CI oss Ref: CITY MANAGER
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Aqua Caliente Band of
Cahuilla Indians - Amend #1
. Sublease 2777 NPC
AGREEMENT #3844
M06236, 10-7-98
FIRST AMENDMENT TO SUBLEASE — -- -- - --
THIS FIRST AMENDMENT TO SUBLEASE is made this day of October,
1998, by and between THE CITY OF PALM SPRINGS, a California' Municipal
Corporation, ("City"), and the AGUA CALIENTE BAND OF CAHUILLA INDIANS
("Sublessee").
RECITALS
A. On September 3, 1997, Sublessee entered into that certain Sublease Agreement
("Sublease") for a 885 square foot portion of the City's Visitor Information Center, as
fully described in the Sublease.
B. The initial term of the Sublessee commenced on October 15, 1997, to expire
October 14, 1998, with one (1) option to extend the initial term for one (1) year.
C. Sublessee and City wish to extend the subject Sublease, but with certain
amendments.
The parties hereto now desire to amend the Sublease upon the terms and conditions
contained herein.
COVENANTS
NOW, THEREFORE, the parties agree to amend the Sublease in the following
particulars only:
1. Section 2.1 of the Sublease is amended to read:
2.1 The renewal term of the Sublease shall commence on October 15,
1998, "Renewal Date," and shall expire twelve (12) months following the Renewal
Date ("Termination Date"), unless Germinated earlier in accordance with the Sublease.
2. The first sentence of Section 2.2 is amended to read:
2.2 Sublessor grants Sublessee two (2) options to extend the Renewal
Term of this Sublease on the same terms and conditions, each for a period of one (1)
year following the expiration of a renewal term.
3. The first sentence only of Section 3 is amended to read:
3. Rent. Sublessee shall pay Sublessor One Thousand Four
Hundred Sixteen ($1,416.00) as monthly rental for the Sublease Premises ("Monthly
Rental"), which sum shall be paid in advance on the first day of each calendar month.
4. Section 5 is amended to read as follows:
5. Use of the Sublease Premises. The Sublessor hereby leases to
Sublessee and Sublessee hereby hires from Sublessor the Sublease Premises for the
primary purpose of promoting the Agua Caliente Cultural Museum, Indian Canyons
and Spa Casino. Tenant may distribute coupons and/or gift certificates for the Spa
Casino which are redeemable only at the Spa Casino. Tenant may also distribute
coupons and/or gift certificates for the "Agua Bar and Grill" restaurant at the Spa Hotel
redeemable only at said restaurant. Except as provided above, Tenant shall not
distribute any coupons and/or gift certificates for the "Spa Hotel". Sublessee agrees to
provide attendant assistance to the Visitor Center staff in and for the room in which the
Sublease premises is located, in a form as agreed to by the parties. In consideration of
Sublessee providing such attendant assistance, Sublessee may install, at its own cost,
one (1) Spa Hotel wall display and one (1) Spa Hotel brochure display in its leased area
so long as a Spa Hotel wall display and brochure display are subscribed and paid for in
First Amendment to Sublease
Page 2
the Visitor Center area normally designated for these displays by the Visitor Center
Management. Sublessee shall not take any hotel reservations for the Spa Hotel on the
Sublease Premises. All reservations for the Spa Hotel must be made through the City's
Visitor Center located on the Master Premises. Sublessee is prohibited from selling
any retail items on the Sublease Premises with the exception of tickets for the Indian
Canyons and the Agua Caliente Cultural Museum. Tenant must abide by the currently
established Visitor Center Guidelines attached hereto as Exhibit "C" attached hereto, as
may be amended.
5. Except as specifically provided in this Amendment, all terms and conditions
in the Sublease shall remain unmodified and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
the day and year first written above.
ATTEST: CITY OF PALM SPRINGS, a municipal
corpo
By. ratio a
Its:
"SUBLESSOR"
APPROVED AS TO FORM:
p �
City Attorney
F�-,i L
(0 C) aAp", AGUA CALIENTE BAND OF
y-/ CA IANS
By:
"SUBLESSEE"
GUIDELINES FOR OPERATION OF THE VISITOR INFORMATION CENTER
2781 North Palm Canyon Drive
MISSION STATEMENT
The Palm Springs Visitor Center is operated to promote tourism in
Palm Springs by making it easier for visitors to arrange
accommodations in Palm Springs. our primary focus is to book
visitors in a Palm Springs hotel.
In addition, because stays in Palm Springs will be lengthened and
more money will be spent in the local economy if the visitor is
made aware of activities, events and services available to
visitors, we also will promote shopping, restaurants, museums,
attractions and events. Insofar as possible, this will be limited
to Palm Springs businesses, activities and events.
A. GENERAL
1. The primary operation at the Visitor Center is the Hotel
Reservation Service. In addition, the Visitor Center provides
information to the tourist through the brochure racks, wall
advertising, event display board and personal contact. The rules
governing the provision of these services are described below.
2. Visitor counselors will only book hotel rooms of
properties under contract to the Visitor Information Center. Any
person asking for a specific hotel not in the system will simply be
referred directly to that hotel. This applies to both walk-ins and
clients calling on the 11800" number.
3 . The Visitor Center can contract with the Chamber of
Commerce to provide hotel reservation services.
4. Local daily newspapers can be sold at the Visitor Center.
Any other publication wishing to be distributed at the Center must
adhere to the same guidelines prescribed for the Palm Springs
Visitor Guide by the Visitors and Promotion Commission and City
Council.
5. Except as specifically provided herein, the services of
the Visitor Center are only available to Palm Springs hotels,
businesses and organizations. Their property and business must be
established in Palm Springs (out of town branches are permitted)
and they must possess a valid Palm Springs business license. In
the case of condominium rental firms and recreation vehicle parks,
they must pay Transient Occupancy Taxes to the City and agree that
any referrals made to them by the Visitor Center will be booked
only into Palm Springs properties.
-2-
6 . No time share firms or brokers selling time shares are
permitted.
7 . To avoid window posters, the Visitor Center shall make
available to charitable community events a display board.
B. BROCHURES AND WALL DISPLAYS
1. The Visitor Center maintains two brochure racks, one for
hotels and one for other businesses.
2 . Except as specifically provided herein, brochures must
contain information only on Palm Springs properties.
3 . All brochures must stand at least 8 1/2" high in the rack
and can be no larger than 8 1/2" X 11" . They must be designed so
that they do not bend over and must be printed on paper stock stiff
enough to stand alone, upright in the racks.
4 . Any discount brochure inserts must be the same size or
smaller than the brochure and inserted inside the brochure. Any
brochure insert that can stand up by itself is considered a
separate piece and the owner must pay the regular brochure price.
Any stickers used for the purpose of indicating prices/rates should
be posted on the back of brochures.
5. Brochures may be distributed for national events, such as
the Bob Hope Desert Classic, from behind the counter.
6. Fees and charges for brochures are as follows:
Business Brochures Charge
(per month)
a) Hotels, condominium rental firms, RV Parks Free
b) Second hotel brochures $ 50
c) Restaurant (if it participates in menu
display) Free
d) Real estate license business (one per office) $ 50
e) Business $ 50
f) City of Palm Springs owned attraction or event Free
g) City sanctioned event Free
h) Non-City sanctioned events (no more than 3
months) but waived if wall display is pur-
chased $100
i) Non-City owned non-sanctioned attraction or
event within or outside of City $ 50
-3-
7. Fees and charges for wall display space are as follows:
Business Display Charge
(per month)
a) Hotels, condominium rental firms, ry parks $ 60
b) City owned attraction or event Free
c) City sanctioned event Free
d) Non-City owned attractions in Palm Springs $120
e) Attractions outside of City $150
f) Non-City sanctioned event within or outside
of City (for a maximum of 3 mos. ) $200
C. ATTRACTIONS OR EVENTS OUTSIDE OF CITY
1. Attractions and events are activities which will entice
visitors to stay in a Palm Springs hotel or lengthen their stay in
a Palm Springs hotel and may be outside the city limits of Palm
Springs, but within the Coachella Valley (but including Joshua Tree
National Park) . In general, the services of the Visitor Center
shall not advertise or promote businesses, attractions or events
outside the boundaries of the City of Palm Springs except as
provided herein.
2 . An attraction is located at a permanent location and is
distinguished from an event, which is an activity of temporary
duration. Examples of events outside the City include the Indio
Date Festival and the Bob Hope Desert Classic. Examples of
attractions outside the City include the Living Desert, McCallum
Theater and the Camelot Amusement Park.
3 . Attractions outside the City may utilize the services of
the Visitor Center subject to the following criteria:
a) The function of the attraction must be primarily of an
entertainment nature, including educational, recreational,
theatrical, social, athletic, musical or similar nature. Uses
engaged primarily in the business of producing, manufacturing,
warehousing or selling of goods or products at wholesale or retail,
shall not be eligible, even if serving as a regional center, as in
the case of the Cabazon ]Factory Outlet or the Palm Desert Town
Center Mall. The Camelot Amusement Park is an example of an
acceptable use satisfying this criteria of being primarily
recreational rather than retail.
b) In addition, the attraction must not compete with or
be similar in nature to a Palm Springs attraction. This
restriction shall be liberally construed. For example, any casino
outside the City shall be deemed to be similar to the Spa Casino
-4-
even if the size, physical layout, patronage, specific games
played, or accessory uses are significantly different.
4. Brochures and wall. displays are permitted for attractions
or events outside of the City of Palm Springs in accordance with
this Division C and the fete schedule in Section B6 for brochures
and in Section B7 for wall displays.
5. Palm Springs businesses shall always have priority over
attractions outside of the City in the assignment of space.
D. RATES AND CHARGES
1. All businesses must make the Visitor Center aware of their
rate structure and cannot charge any lower rate than the current
rates being offered through the Visitor Center.
2. Restaurants may participate in the "menu display" at $50
per month.
3 . A non-profit and/or governmental operated attraction will
get a 50% discount off the regular price for the brochure display
only. A wall display will not be discounted.
4. There can be no advertising or prices or rates visible on
the front of brochures or on wall displays.
5. The rates and charges established herein may be adjusted
at any time without prior notice by the City Council following
recommendation therein by the Visitors and Promotion Commission.
E. INTERPRETATION, APPEALS
1. Any displays and/or brochures may be rejected because of
the violation of any element of these guidelines. The City retains
the right to interpret and enforce these guidelines. All matters
of interpretation and administration of these guidelines shall be
vested initially by the Manager of the Visitor Center. The Manager
shall consult as needed with the Hospitality Committee of the
Visitors and Promotion Commission.
2 . Any interested person may appeal any decision of the
Manager to the Visitors and Promotion Commission and thereafter, if
still dissatisfied, to the City Council. Appeals shall be governed
by the procedures set forth in PSMC, Chapter 2-05. The decision of
the City Council shall be final.
Agua
Cal
of
a . • Cahu lla Inds Band Su
Cahuilla Indians - Sublease
2777 NPC
AGREEMENT #3844
R19119, 9-3-97
SUBLEASE
THIS SUBLEASE ( "Sublease") is made and entered into this
day of , 1997, by and between the CITY OF PALM SPRINGS, a
municipal corporation ( "Sublessor") , and the AGUA CALIENTE BAND OF
CAHUILLA INDIANS ( "Sublessee") .
R E C I T A L S :
A. Sublessor, as tenant, and PSP Rental Co. , a California
limited partnership, as landlord, entered into that certain Lease
dated April IS, 1997 a copy of which is attached hereto as Exhibit
"A" ( "Master Lease") , whereby Sublessor leased approximately 3 , 850
square feet of space of the real property commonly known as 2777
North Palm Canyon Drive ( "Master Premises" ) .
B. Sublessor desires to sublease approximately 885 square
feet of the Master Premises to Sublessee and Sublessee desires to
sublease such space from Sublessor upon the terms and conditions
contained herein.
NOW, THEREFORE, the parties agree as follow:
1 . SUBLEASE OF PREMISES . Sublessor hereby subleases to
Sublessee on the terms and conditions set forth in this Sublease,
approximately 885 square feet of the Master Premises as shown
cross-hatched on the Plot Plan attached as Exhibit "B" hereto
( "Sublease Premises") . By entering into the Sublease Premises,
Sublessee shall be deemed to have accepted the Sublease Premises as
being in good and sanitary order, condition and repair in its "AS-
IS" condition.
2 . SUBLEASE TERM.
2 . 1 The initial term of this Sublease shall commence
on October 15, 1997 ( "Commencement Date") , and shall expire twelve
(12) months following the Commencement Date ( "Termination Date" ) ,
unless terminated earlier in accordance with this Sublease
( "Initial Term" ) .
2 .2 Sublessor grants Sublessee one (1) option to
extend the Initial Term of this Sublease on the same terms and
conditions for one (1) year following the expiration of the initial
term. Sublessee shall exercise the option by giving Sublessor
written notice of exercise ( "option notice" ) at least ninety (90)
days prior to the expiration of the Initial Term. Provided that,
if Sublessee is in default on the date of giving the option notice,
the option notice shall be totally ineffective, or if Sublessee is
in default on the date the extended term is to commence, the
extended term shall not commence and this Sublease shall expire at
the end of the Initial Term. Sublessee has no other rights to
extend the term of the Sublease.
n(Ca@¢��'AL
487l014084-0001/3079848.5 n08/19/97
3 . RENT. Sublessee shall pay Sublessor One Thousand Seven
Hundred Seventy Dollars ($1, 770. 00) as monthly rental for the
Sublease Premises ( "Monthly Rental" ) , which sum shall be paid in
advance on the first day of each calendar month. All rental to be
paid by Sublessee to Sublessor 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 below.
Other than the insurance obligations described in this Sublease,
Sublessee shall not be responsible for any additional rent or
expenses, including without limitation charges for all utilities or
other operating expenses .
4 . SECURITY DEPOSIT. Sublessee shall not be required to
make a security deposit in connection with this Sublease.
5 . USE OF THE SUBLEASE PREMISES . The Sublessor hereby
leases to Sublessee and Sublessee hereby hires from Sublessor the
Sublease Premises for the primary purpose of promoting the Agua
Caliente Cultural Museum, Indian Canyons and Spa Casino. Tenant
may distribute coupons and/or gift certificates for the Spa Casino
which are redeemable only at the Spa Casino. Tenant shall not
distribute any brochures, create any displays or otherwise
advertise the "Spa Hotel" in any way on the Sublease Premises . Nor
shall Sublessee take any hotel reservations for the Spa Hotel on
the Sublease Premises . All reservations for the Spa Hotel must be
made through the City' s Visitor Center located on the Master
Premises . Sublessee is prohibited from selling any retail items on
the Sublease Premises with the exception of tickets for the Indian
Canyons and the Agua Caliente Cultural Museum. Tenant must abide
by the currently established Visitor Center Guidelines attached
hereto as Exhibit "C" attached hereto, as may be amended.
6 . ASSIGNMENT AND SUBLETTING.
6 . 1 Sublessee shall not assign this Sublease or sublet
the Sublease Premises, or any interest therein, without the prior
written consent of Sublessor, which consent may be withheld in
Sublessor' s sole discretion. Any approved assignment shall be
subject to all of the terms and conditions of this Sublease,
including, but not limited to, any restriction on use pursuant to
the provisions hereof, and the proposed assignee shall assume the
obligations of Sublessee under this Sublease in writing in form
satisfactory to Sublessor. The proposed assignee shall
simultaneously provide to Sublessor an estoppel certificate in the
form described in the Master Lease. Consent by Sublessor 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 Sublessor shall be
void, shall constitute a material breach of this Sublease, and
shall, at the option of Sublessor, terminate this Sublease.
Neither this Sublease nor any interest therein shall be assignable
as to the interest of Sublessee by operation of law.
487/014084-0001/3079848.5 a08/19/97 -2-
•j
6 .2 Sublessor shall be under no obligation to consider
a request for Sublessor' s consent to an assignment until Sublessee
shall have submitted in writing to Sublessor a request for
Sublessor' s consent to such assignment together with audited
financial statements of Sublessee and the proposed assignee, a
history of the proposed assignee' s business experience and such
other information as required by Sublessor to verify that the
criteria for assignment as set forth herein are met. If Sublessor
approves such assignment, Sublessee shall pay to Sublessor one-half
of any consideration received by Sublessee for such assignment . In
addition, if Sublessor determines that the Monthly Rent payable to
Sublessor under this Sublease is less than the fair market rental
value, as determined by Sublessor, Sublessor 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.
7 . INSURANCE. Sublessee and Sublessor each agree to carry
general liability insurance on the Sublease Premises and property
damage insurance covering their respective interest in furniture,
fixtures, inventory, equipment and other assets contained within
the Master Premises in the same amounts required by the terms of
the Master Lease or in such higher amounts as Sublessee and
Sublessor shall agree upon. Sublessor and Sublessee hereby agree
to name one another, as well as any lenders which they may request,
as additional insureds on the insurance policies required to be
carried by each of them hereunder. All policies of insurance
required to be carried hereunder shall provide that they may not be
cancelled or materially changed without thirty (30) days prior
written notice to the named additional insureds under such
policies . Any general liability insurance policy shall apply
separately to each insured against whom claim is made or suit is
brought and shall contain no provision which excludes coverage of
a claim made by one insured under the policy against another
insured under the policy. The parties will and will cause each of
their insurance companies to waive any rights of subrogation under
the property damage insurance for damage covered by insurance.
8 . OTHER PROVISIONS OF SUBLEASE. Except as otherwise
provided herein and unless the context of the Master Lease dictates
otherwise, all terms and conditions of the Master Lease are
incorporated into and made a part of this Sublease as if Sublessor
were the lessor thereunder, Sublessee the lessee thereunder, and
the Sublease Premises the Master Premises, except for the following
Sections of the Master Lease: 2 .2 , 2 . 3 , 3 .2, 3 . 4, 4 . 1, 6 .4 and
13 . 10 (because notices to Sublessee are to the following address :
Agua Caliente Band of Cahuilla Indians, 960 E. Tahquitz Canyon Way,
Suite 101, Palm Springs, California 92263 , Attention:
) . Except as otherwise set forth in this
Sublease, Sublessee agrees to perform the tenants' s obligations
under the Master Lease to the extent that such obligations are
applicable to the Sublease 'Premises, provided; however, that the
obligation to pay rent to Landlord under the Master Lease shall be
considered performed by Sublessee to the extent and in the amount
rent is paid to Sublessor in accordance with this Sublease.
487/014084-0001/3079949.5 a08119/97 -3-
Neither Sublessor nor Sublessee shall commit or suffer any act or
omission that will violate any of the provisions of the Master
Lease. If the Master Lease terminates as a result of a default or
breach by Sublessor or Sublessee under this Sublease and/or by
Sublessor as tenant under the Master Lease, then the defaulting
party shall be liable to the nondefaulting party for all damage
(excluding consequential damages) suffered as a result of such
termination. If there is a conflict between the terms of the
Master Lease and the Sublease, the terms of this Sublease shall
control if the terms of this Sublease are more restrictive than the
terms of the Master Lease, .and such interpretation does not cause
a default under the Master Lease; otherwise the terms of the Master
Lease shall control .
9 . ATTORNEYS' FEES ., If Sublessor or Sublessee shall
commence an action against the other arising out of or in
connection with this Sublease, the prevailing party shall be
entitled to recover its costs of suit and reasonable attorneys'
fees .
IN WITNESS WHEREOF, the parties have duly executed this
Sublease on the day and year first written above.
ATTEST: CITY GS,
a m nicipal corpo i n
BY i (A � _ By.
� City Clerk City M nager
"SUBLESSEE"
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
By:
City "Attorney
AGUA CALIENTE BAND OF CAHUILLA
INDIANS
�7 438(1r Its : .SeQretnry/Treasurer
"SUBLESSOR"
487/014084-0001/3079848.5 a08/19197 -4-
LEASE
Ily and Between
THE CITY OF PALM SPRINGS
and
PSP RENTAL CO.,
it California limited partnership
DUpLICATE
O[11GINAL
TABLE OF CONTENTS Pe e
1. LEASE SUMMARY 1
1.1 Property 1
1.2 Demised Premises 1
1.3 Approximate Floor Area.of Premises 1
1.4 Lease Commencement Dale 1
1.5 Monthly Rental 1
1.6 Additional Rental 1
1.7 Use of Premises 1
1.8 Tenant's Address for Notices 1
1.9 Termination of Prior Lease 1
2. TERM 1
2.1 Term 1
2.2 Early Termination. '',i, 1
2.3 Right of First Refusid 1
2.4 Time 1
2.5 Force Majeure 2
2.6 Holding Over 2
3. RENTAL 2
3.1 Monthly Rental 2
3.2 Additional Rental 2
3.3 Personal Property'faxes 2
3.4 Utilities 2
3.5 Late Payment 2
, ,,
4. USE OF THE PREMISES 2
4.1 Permitted Use 2
4.2 Compliance with Laws 2
5. PARKING AND COMMON AREAS 3
5.1 Definitions 3
5.2 Maintenance of Common Areas 3
6. ALTERATIONS AND REPAIRS 3
6.1 Alterations and Fixtures 3
6.2 Maintenance and Repair 3
6.3 Free From Liens 3
6.4 Construction Obligations 3
7. INSURANCE AND INDEMNIFICATION 3
7.1 Insurance Provided by Landlord 3
7.2 Insurance Provided by Tenant 3
7.3 Indemnification 4
8. ABANDONMENT AND SURRENDER 4
8.1 Abandonment 4
8.2 Surrender of Lease 4
9. DAMAGE AND DESTRUCTION OF PREMISES 4
10. ASSIGNMENT AND SUBLETTING 5
It. DEFAULT AND REMEDIES, 5
11.1 Default by Tenant 5
11.2 Landlord's Default r 5
12. CONDEMNATION 5
13. MISCELLANEOUS 5
13.1 Entry and inspection 5
13.2 Estoppel Certificate 5
13.3 Jurisdiction and Venue ' 5
13.4 Partial Invalidity 6
13.5 Successors in Interest r 6
13.6 No Oral Agreements 6
13.7 Authority i. 6
13.8 Relationship of Parties- 6
13,9 Nondiscrimination 6
13.10 Notices 6
13.11 Waiver 6
EXHIBIT "A" PLOT PLAN OF THE PROPERTY SHOWING THE LOCATION 417 PREMISES
EXHIBIT "B" CONSTRUCTION OBLIGATIONS
EXHIBIT "C" ESTOPPEL RERTIFIC'ATE
tdL
LEASE
THIS LEASE ("Lease") is made and entered into this A-4ay of 1997, by
and between PSP RENTAL CO„ a California limited partnership ("Landlor "),' and the CITY OF PALM
SPRINGS, a municipal corporation ("Teharat"). t ' '•'
1. LEASE SUMMARY. J
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 hiller 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 Properly: The term "Property" as used herein shall refer to that certain real property
located in the County of Riverside, Slate of California, commonly known as 2777 North Palm Canyon Drive,
together with the improvements located thereon.
1.2 Demised Premises: The "Premises" consist of the area generally crosshatched on the
Plot Plan attached as Exhibit "A" hereof,
1.3 Approximate Floor Area of Premises: 3,850 square feet,
1.4 Lease Commencement Dale: April 1, 1997, Term: Lease expires on October 31,
2002. (See Section 2A.)
1.5 Monthly Rental: From Lease Commencement date until October 31, 1997 - $2,600;
From November 1, 1997 until October 31, 2002 -$1,925.00, (See Section 3.1.)
1.6 Additional Rental: From Lease Commencement dale until October 31, 1997 -$238.98;
from November 1, 1997 until October 31, 2002-$325.00. (See Section 3.2.)
1.7 Use of Premises: Visitor Information Center, related uses and any other legally
permitted commercial use. (See Section 4.1.)
1.8 Tenant's Address forNotices:
City of Palm Springs
3200 E. Tolrquitz Canyon way
Palm Springs, Califfornia 92262
Attention: City Manager
1.9 Termination of Prior Lease. The parties previously entered into a Lease between the
parties daled October 25, 1990, as amended ("Original Lease"), which expires on October 24, 1997. The patties
have agreed to replace the terms of the Original Lease with the terms of this Lease effective on the Commence-
ment Dale, Upon execution of this Lease by The parties the Original Lease shall terminate and shall be superseded
by this Lease,
2. TERM.
2A The terra of this Lease shall conuuence on the dale specified in Section 1.4
("Conmrencement Date") and continue for the period specified therein unless earlier terminated as provided
herein.
2.2 Eady_{•erminalion. After three (3) years following the Cormnencement Dale,
Tenant may terminate (lie Lease by paying landlord, in advance, a sum equal to four (4) months of(tie Monthly
Rental. This amount shall be in lieu of any other damages, losses, expenses or liability of Tenant to Landlord,
and landlord waives any other claims hereunder except for Ilse recovery of any prior unpaid rent.
2.3 Rielat of Firs( Refusal. Commencing as of the date which is one year prior to
expiration of The Lease term the parties hereby agree 10 negotiate in good faith for the extension of the Leese term
on reasonable terms and conditions. In the event that the parties do not reach a written agreement by the dale
which is six (6) months prior to the expiration of the Term, as additional consideration for this Lease, Landlord
hereby grants Tenant a right of first refusal to lease The Premises. In the event that Landlord receives a bona ride
written offer (die "Offer") to lease the Premises from it third party during the last six (6) months of the Term,
Landlord shall immediately notify"tenant in writing of the Offer to lease the Premises and the terms of the Offer.
Tenant shall have thirty (30) days after receipt llf (.&ndloftt's notice in which to elect to lease all or a portion of
the Premises on the terms equal to or more favora�je to Landlord than those set forth in the notice, If Tenant
does not respond to such notice Tenant shall he (IcennA to have elected not to lease the Premises on such lernrs:
2,4 TIM. Time is of the essence of this Lease.
2.5 For Ma'eure. If either party hereto shall belayed 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 tire control
of the patty obligated (financial inability excepted), performance of such act shall be excused for the period of(he
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 tell (10) days of the
commencement of the delay.
2.6 llolding Over. Any holding over after the expiration of the loan of this Lease 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 (wenly-five percent (125%) 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 Dale as monthly rental ("Monthly Rental") for the Premises the sum specified in Section
1.5 hereof, which sum shall be paid in advance on the first day of each calendar month. All rental to be paid by
Tenant to Landlord shall be in lawful money of the United Slates of America and shall be paid without deduction
or offset, prior notice or demand at the address designated in Section 13.10 hereof,
3.2 Additional Rental. In addition to the Monthly Rental, Tenant shall pay Landlord the
fixed sums of money as set forth in Section 1.6 above per month will, the payment of the Monthly Rental, as
complete reimbursement for Tenant's share of: (i) real property taxes and assessments relating to (lie Premises;
(ii) insurance premiums in accordance with Section 7.0 below; and (iii) all sewer charges.
3.3 Personal Properly Taxes. During the Tenn hereof Tenant shall pay prior to delinquency
all [axes assessed against and levied upon fixtures, furnishings, equipment and all other personal properly of
Tenant contained in the 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.
3.4 Utilities. Tenant shall pay before delinquency all charges for water, gas, heal,
electricity, power, telephone service, trash removal (unless included in the expenses to maintain the common and
parking areas) and all other services and utilities used in, upon, or about the Demised Premises by Tenant or any
of its sublenanls, licensees, or concessionaires during the term of[his Lease.
3.5 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. Accordingly, any payment of any sum to be paid by Tenant
not paid within ten (10) days of its due date shall be subject to a three percent (3%) late charge. Landlord and
Tenant agree (lint 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.
4. USE OF THE PREMISES.
4.1 Permitted Use. The Landlord hereby leases to Tenant and Tenant hereby hires from
Landlord the Premises will appurtenances as defined herein, for lire purpose of conducting thereon the use
specified in Section 1.7 of(his Lease and any other legally permitted commercial use.
4.2 Commliance Willi Laws. Tenant shall comply will line requirements of all stale and
federal authorities now in force or which may hereafter be in force pertaining to the use of the Premises. Tenant's
violation of law shall cons(ilule a default under this Lease. Without hinriting tare foregoing, Tenant shall not
engage in any activity on or about lire Premises that violates any Environmental Law (as defined below), and shall
promptly, at Tenant's sole cost mid expense, lake all investigatory and/or remedial action required or ordered by
any governmental agency for clean-up and removal of any conbunin:tion involving any Hazardous Material
created or caused directly or indirectly by Tenant. Tire term "Environmental Law" shall mean any federal or slate
law, statute, ordinance or regulation pertaining to health, inluslrial hygiene or [he environmental conditions on,
under or about the Premises. Tire term "llfawrdous 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 [lie
Environmental Laws; (ii) petroleum or a petroleum product or fraction thereof; (iii) asbestos; and/or (iv)
substances known by the Slate of California to cause cancer and/or reproductive toxicity. Tenant shall provide
written notice to Landlord of the existence of Hazardous Substances on the Premises known to Tenant and all
notices of violation of the Environmental Laws received by Tenant. Landlord hereby warrants and represents,
lira[ to the best of its knowledge during its ownership of [Ire Premises, Hazardous Substances have not been
released on (he Premises; and that it has no knowledge of any release of Hazardous Substances op the Premises
occurring before its ownership. Landlord shall comply will) all federal, slate and county laws and regulations
concerning the use, release, storage and disposal of Hazardous Substances.
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S. PARKINGSID COMMON AREAS. •
5.1 Definitions. The term "parking and common areas" as used herein shall mean those
portions of the Property [hit[ are from time to time established by Landlord as automobile parking areas,
roadways, walkways, landscaped areas, nuills, service areas, and the like. During the term of this Lease and any
extension thereof, Landlord gives to Tenant for the use and benefit of Tenant, its agents, employees, customers,
licensees and subtenants a non-exclusive license in common with Landlord and otter present and future owners
and tenants of lire Properly and their agents, employees, customers, licensees and subtenanls, and others
authorized by Landlord to use the parking and conunun areas of the Property for ingress, egress and automobile
parking, provided that the condermunion or other taking by any public authority, or sale in lieu of condemnation,
of any or all of such parking and common areas shall not constitute a violation of this covenant. Nothing herein
contained shall be deemed to prevent Landlord from using or authorizing others to use said parking and common
areas.
5.2 Maintenance. During the entire term hereof, Landlord shall keep the Premises in a
good, neat, clean and orderly condition, including without limitation, the exterior walls and roof of the Premises.
Landlord will continue to be responsible for the condition of the roof during tie tern of this Lease.
6. ALTERATIONS AND REPAIRS.
6.1 Alterations and Fixtures. Tenant shall not make, or suffer to be made, imy alterations
to the Premises, or any part [hereof, or the building containing the Premises or change the appearance'of tie
building containing the Premises without the prior written consent of Landlord, and any alterations to the
Premises, except movable furniture and trade fixtures, shall become at once a part of [lie really and shall at Ilse
expiration or earlier termination of this Lease belong to Landlord. Tenant shall not in any event make any
changes to the exterior of[he Premises. Any such alterations shall be in conformance with the requirements of all
local, stale, federal, and other governmental authorities, including requirements pertaining to the health, welfare
or safely of enployees or the public, Luidlord may require that any such alterations, including wheelchair ramps
and hand rails, be removed at or after the exphation of the term of this Lease. Any removal of alterations or
furniture and trade fixtures shall be at Tenant's expense and accomplished in a good and workinai like manner.
Any damage occasioned by such removal shall be repaired at Tenant's expense so that the Premises can be
surrendered in a good, clean and sanitary condition as required by Section 6.2 bereof. Any and all fixtures and
appurtenances installed by Tenant shall conform with the requirements of all local, slate, federal, and
governmental authorities including requirements pertaining to the health, welfare, or safely of employees or [he
public.
6.2 Maintenance and Repair. Tenant shall, subject to Landlord's obligations hereunder, at
all times during the term hereof, and at Tenant's sole cost and expense, keep, maintain and repair [he parking,
landscaping and common areas as same are established and completed by Landlord; Tenant's portion of the
building containing the Premises and other improvements within the Premises in good and saiilary order,
condition, and repair(except as hereinafter provided), Upon Landlord's completion of repair and refurbishment of
the new healing system in accordance with all applicable building code requirements and acceptance of such
healing system by Tenant, then Tenant shall maintain and repair [lie healing system at its expense. Tenant shall
also at its sole cost and expense be responsible for any repairs to (lie Premises necessitated as a result of the
requirement of any local, state or federal authority except for repairs or improvements to or affecting the roof
and/or to the extent that Landlord is obligated to repair the Premises pursuant to Section 5.2 above. Tenant
hereby waives all right to hake repairs at the expense of Landlord, and Tenant hereby waives all rights provided
for by the Civil Code of the Slate of California to make said repairs. Tenant agrees on the last day of said terra or
sooner termination of this Lease to surrender the Premises, in a good, clean and sanitary condition, reasonable use
and wear thereof and damage by fire, act of God or by the elements excepted.
6.3 Free From Liens. Tenant shall keep the Premises, the building containing lire
Premises, and lire properly on which the Premises are situated free from any liens arising out of any work
performed, material furnished, or obligation incurred by Tenant or alleged to have been incurred by Tenant,
6.4 Construction Obliealions, Landlord agrees to construct the improvements to the extent
shown on the attached Exhibit "E" ("Landlord's Work").
7. INSURANCE AND INDEMNIFICATION. "
7.1 Insurance Provided by Landlord. Landlord shall maintain fire and extended coverage
insurance throughout the term of this Lease in an amount equal to the replacement value of the building containing
the Premises. Tenant agrees to pay to Landlord its share of the cost of said insurance in accordance with Section
3.2 above.
7.2 insurance Provided by Tenant.
(a) Tenant to Pnlyide, Liabiiily insurance. During (lie entire term of this Lease,
Ilse Tenanl shall, at the Tenant's sole cost aid pxpiense, maintain comprehensive general liability insurance
insuring against claims for bodily injury, death or property damage occurring in, upon or about the Premises
written on a per occurrence basis in an amount uol loss than either (i) a combined single limit of ONE MILLION
DOLLARS ($1,000,000.00) for bodily injuryl,deallit and properly damage or (ii) bodily injury limits'of
$250,000.00 per person, $500,000.00 per occurrence iind $500,000.00 products and completed operations and
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properly damage limits of$100,000.00 per occurrence And $250,000.00 In the aggregate. Nolwilhslanding any-
thing hetein to the contrary, Tenant shall have We right to self-insure.
(b) Tenant to Provide Worker's Compensation insmimce. Tenant shall, at the
Tenant's sole cost and expense, omialain a policy of worker's compensation insurance in an amount As will fully
comply with the laws of the State of California Arid 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 Tenant's use
of[he Premises.
(c) General PRoyisions Applicable to Tenant's Insurance. Each party hereto shall
cause the other party to be named as an additional insured on each of Ore policies described above aid each such
policy shall require written notice to the non-policy holding party at least thirty (30) days prior to the expiration
or other termination of [lie coverage. Each poly shall At all times be responsible for providing the other party
with evidence that such coverages are in effect and have not been terminated. In the event that one party causes or
permits the insurance policy or policies to lapse or otherwise terminate, the oilier party shall have (lie option to
obtain the policy aid charge the other party for the premiums.
7.3 Indemnification. Tenant agrees to indermtify And hold harmless llte Landlucd, its
officers, agents and employees against, and will hold and save them and each of them hanidess from, any and all
actions, suits, claims, damages to persons or properly, losses, costs, penalties, obligations, errors, omissions or
liabilities, (lierein "clainis or liabilities") that may be asserted or claimed by any person, firm or entity Arising out
of or in connection with [he negligent perfornumce of (lie work, operation's or Activities of Tenant, its agents,
employees, subcontractors, or invilees, provided for herein, or nrising front the use of the Premises or the
parking and common areas by Tenant or its employees, or Arising from [lie failure of Tenant to keep the Premises
in good condition and repair, as herein provided, or arising from the negligent acts or omissions of Tenant
hereunder, or arising Goo Temult's negligent performance of or failure to perform any lenn, provision covenant
or condition of(his Lease but excluding such claims or liabilities arising from ilia sole negligence or willful mis-
conduct of the Landlord, its officers, agents or employees, who are directly responsible to (he Landlord.
Landlord agrees to indemnify and hold harmless Ilia Tenant, its officers, agents and employees against,
and will hold aid save them and each of them harmless from, any and all actions, suits, claims, damages to
persons or properly, losses, costs, penalties, obligations, errors, onrissions or liabilities, (herein "claims or
liabilities") [lint truly be asserted or claimed by any person, firm or entity Arising out of or in connection with Ilia
negligent perfouuance of (lie work, operations or activities of Landlord, its agents, employees, contractors or
subcontractors or arising from ilia Premises or the parking and common area, or arising from the failure of
Landlord to keep the Premises in good condition and repair, as herein provided, or Arising from ilia negligent
acts or omissions of Landlord hereunder, or Arising from Landlord's negligent perfornumce of or failure to
perform Any term, provision covenant or condition of this Lease but excluding such claims or liabilities arising
from the sole negligence or willful misconduct of the Tenant, its officers, agents or employees, who are directly
responsible to the Tenant.
8. ABANDONMENT AND SURRENDER.
8.1 Abandonment. Tenant shall not vacate or abandon the Premises at any time during the
tern of this Lease; and if Tenant shall Abandon, vacate or surrender the Premises or be dispossessed by process
of law, or otherwise, any personal properly belonging to Tenant and left on ilia Premises shall be deemed to be
abandoned, at the option of Landlord.
8.2 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 sublenancies, or fully, al Ilia option of Landlord, operate as An Assignment to it of any or all
of such subleases or sublenancies.
9. DAMAGE AND DESTRUCTION OF PREMISES.
In ilia event of(i) pat(ial or Iola[ desln.iclion of ilia Premises or [lie building con(aining same during the
tern of this Lease which requires repairs to either the Premises or said building, or (ii) the Premises or said
building being declared unsafe or unfit for occupancy by any authorized public authority for any reason other than
Tenant's act, use or occupation, which declaration requires repairs to either ilia Premises or said building, Tenant
may elect to terminate this Lease in its sole discretion provided Tenant gives lamdlotd thirty (30) days' written
notice of such election. If Temml elects to ternnina(e this Lease, all rentals shall be prorated between Landlord
and Tenant as of the date of such destruction. If Tenant does not elect to terminate [his Lease As provided herein,
this Lease shall continue in full force and effect and Tenant shall be entitled to a proportionate reduction of
Monthly Rental aid Additional Rental while such repairs are being made, such proportionate reduction shall be
equal to the proportionate reduction in (lie number of square feet of gross floor area in the Premises bears to the
total nutnber of square feet of gross leasable floor area of all buildings in the Properly. If Tenant does not elect to
lernr stale the Lease as provided hereipl iandlord shall piomplly rebuild and repair [lie Premises and/or lire
building.
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. • 1 11;
10. ASSIGNMENT AND SUBI E171NG.
Tenant shall not assign this Lease without the prior written consent of Landlord, which consent shall not
be unreasonably withheld. Any approved assignee shall assume (he obligations of Tenant under this Lease in
writing. 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, occupation or use by another person
shall not be deemed to be a consent to any subsequent assignment, occupation or use by another person. Any
assignment without the prior written consent of Landlord shall be void, shall constitute a material breach of this
Lease. Neither this Lease nor any interest therein shall be assignable as to lire interest of Tenant by operation of
law. Tenant shall have the right to sublease the Premises, or any wall space and floor space within the Premises,
for including, without limitation, hotel, lottery, reslnurmis, attractions and other:income-producing business or
business promotional activities without Landlord's consent.
11. 12EFAULT AND REMEDIES.
11.1 Default by Tenant. The occurrence of any one or more of the following events shall
constitute a default lard breach of this Lease by Tenant: (i) the failure to pay any rental or other payment required
hereunder to or on behalf of Landlord more diva five (5) days after written notice front Landlord to Tenant (flat
Tenant has failed to pny rent when due; (ii) the failure to perform any of Tenant's agreements or obligations
hereunder(exclusive of a default in the payment of money)where such defaull shall continue for a period of Ihia(y
(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 will' statutory requirements; (iii) the vacation or abandonment of (he
Premises by Tenant; or (iv) the filing by Tenant of a voluntary petition in btonkrup(cy or the adjudication of
Ten ul as a bankrupt,
In file event of any such default or breach by Tenant, Landlord may at any time thereafter, 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 even( 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 told remedies under this
Lease, including the right to recover [he rental its it becomes due under this Lease, or (ii) Landlord shall have lie
right at any little thereafter to elect to terminate the Lease and Tenant's right to possession (hereunder.
11.2 Landlord's Default Landlord shall be in default under this Lease if Landlord fails to
perform obligations required of Landlord within fifteen (15) days after receipt of Millen notice by 'tenant to
Landlord specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature
of Landlord's obligation is such [tint 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.
12. CONDEMNATION,
In the event a condemnation or a Iransrer in lieu (hereof results in a taking of ten percent (10%) or more
of the Premises, Tenant may, upon written notice to Landlord given within [hilly (30) days after such taking or
transfer in lieu (hereof, terminate this Lease. Tenant shall not be entitled to share in any portion of(he award and
Tenant hereby expressly waives any right or claim to any pall thereof. Tenant shall, however, have (he right to
claim and recover, only from the condemning authority (but not from Landlord), any amounts necessary to
reimburse Tenant for the cost of removing stock toad fixtures. If this Lease is not terminated as above provided,
Landlord shall use a portion of(lie condemnation award to res(me [he Premises. In the event of condenna(ion,
Tenant shall pay nothing for(he value of the Lease.
13. MISCELLANEOUS.
13.1 En(ry and Inspection. Tenant shall permit Landlord and agents to enter into and upon
the Remises on forty eight (48) hours written notice for the purpose of inspecting the same or for lie purpose of
maintaining the building in which the Premises are situated, or for flue purpose of making repairs, alterations or
additions (o any other portion of said building, including the ereeflom and ttminlenauce of such scaffolding,
campy, fences told props as truly be required, or for (he purpose of posting notices of nonliability for alterations,
additions or repairs or tiny signs for public safely. Tenant shall peranit Landlord, at any lime within six (6)
months prior to file expiration of this Cease, to allow Landlord or agents, during normal business hours, to enter
upon said Premises and exhibit same to prospective (entails.
13.2 Estoppel Cerlificale. If, as a result of a proposed sale, assignment, or hypothecation of
the Premises or lire land (hereunder by Landlord, or at any other time, an estoppel certificate shall be requested
of Tenant, Tenant agrees, within (en (lo) 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.
13.3 Jurisdiction and Venpe, The parties hetelo agree (flat the State of California is the
properjurisdiclion for littgaliou of Ally luallors relating to this Lease, and service mailed to the address of lenanls
set forth herein shall be adeduule 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.
5
13.4 Pi dial jpva idiom. If any term, covenant, condition or provision of this Leaso is ]laid
by a coup of competent jurisdiction to bo invalid, void, or unenforceable, Ilia remainder of the provisions hcle>f
sholi remain in full force mud effect and shall in no way be affected, impaired or invalidnled thereof.
13.5 Successors in hdeires . The covenants herein contained shhll, subject to (he provisions
its to assignment, Apply to and bind the heirs, successors, exectdors, administrators and assigns of all [he parties
herelol and nil of ilia polies hereto shall be jointly and severally liable hereunder.
13.6 ,Lu Otal ACrectueCits. 'this Lease (I) covers in fill] each and every agreement of every
kind ur nnlure whatsoever between the porgies hereto concerning this lease, (ii) supersedes tiny slid all previous
negotiations, agreements and undcrslandings, if tiny, between ilia polies, oral or wril(en and (iii) merges nil pre-
limiumy negodatiuns and ngrcemerds of whatsoever kind or nnlure Inmcin.
13.7 Aulhoril . Hach individual executing this IFnae on behalf of Landlord represents mid
wmuuds rind he of site is duly au(boriisd to execute mid deliver this Lease on behnlf of said corporation or
partnership, in accordance Willi it duly adopted resolution of the pored of Directors, if a corpnrnlion, or in
accordance Willi ilia Partnership Agreenwul, if it p:ulneisbip, nod Ihnl this Lease is binding upon said corporation
or parinership in accordance Willi its terns. Landlord represents unit wnrrnts to Lwdlold Ilud the entering into
this Lease does not violate any provision of tiny other ngreemenl to which Landlord is(round.
13.8 Relalionshin of Porgies. The ichilionship of(lie patties hereto is that of Landlord and
Teunnl, and it is expressly understood and agreed that Ten:art does not in any way or for any purpose become a
partner of Landlord in Ilia conduct of Tenant's business or otherwise, or n join( venturer with Tenant, and glint lbe
provisions of Ibis Lease mid Ilia ngiecmenls relating to tail payable hereunder are included solely for the pmposc
of providing if method whereby telling paymrarts are to he measured mid ascertained.
13.9 Nondiscrimination. Landlord herein covenants by mid for itself, its heirs, execu(urs,
adminislrnlors and assigns and nil persons claiming under or through it, and this Lease is made and accepted upon
and subject 11)Ilia following conditions: UPI there shall be no disedloinidion against or segregation of any person
or group of persons on nccount of race, sex, maii(al stains, color, arced, national origin or ancestry, in the
]easing, subleasing, transferring, use, occupancy, (enure or arjoynnenl of the Premises herein ieitsed, nor shall (he
I-nndlord itself, or tiny person claiming under or Ihnough it, eslab]ish or penuif tiny such pnnclice or practices of
discriminalion or segreg:dion with reference to Ilse selection, location, number, use or occupancy of lanuts,
lessees, sublessees, sub(enards or veudees in the Premises.
13.10 Notices. Wherever in this Leasd it shall be required or pcnnilled Ilia( notice and
demand be given or served by either party In this Lease to or oil Ilia other, such notice or demand shall be given
or served in writing mud shall not be decaned to brave been duly given or served unless in writing, and personally
served or forwarded by certified moil, postage prepnid, addressed, if to Landlord, (o PSP Reu(ml Co., c/o Fred
and Vivian Elg, 2772 N. Farrell Drive, Palm Springs, Cnlifoi nia 92262, mid if to Tennnl as specified in Sec(iml
I.S. Hillier party may change the address set fulh heein by written notice by certified nail to the other. Any
notice or demand given by cer(ifned moil shall be,elfwlive one(1)(lily subsequent to nutiiing.
13.11 Waiver. No delay or nlrn551011 ill the exercise of any right or remedy by a non-
defaulling party shall impair such right or remedy or be construed as a waiver. A patty's consent to or approval
of any act by the other party requiting (ha pm(y's consent or approval shall not be deemed to waive or render
tmnecessary Ilia other patty's consent to or approved of any subsequent act. Any Waiver by either party of any
default must be in writing mud shall not he a waiver of any other defaull convening the SHOW or ally older
provision of(his Lease.
IN WITNESS WHEREOP, the parties hove duly executed this Lease(together Willi (lie herein referred to
Exhibits which me tillmched herein, on Ilia day and year firs(above written in Patin Springs, California.
ATTEST: CITY IgpALhM4 SPRINGS, a r l n' qa corporation
py;� By: /1
City rk City Mom e
"TENANT"
APPROVED AS TO FORM: !
RUTAN &TUCKER, LLP APPROVED BY THR CITY COUNCIL
Wz- �0,=�- /�o /0j
BY:
David J. AjAllyb,
City Attorney
(SIGNA'fURGS l^CpNTJNUPD ON NGX'f PACE)
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i
a
PSP RENTAL CO.,
a California limited partnership
BY:
PRED E. ELG
General Partner
BY:
K
VIVIAN ELG
General Partner
"LANDLORD"
7
EXHIM "A"
PLOT PLAN OF THE PROPERTY SHOWING
THE LOCATION OF PREMISES
I
4r`' wry I' 25,274 s1f lot area
rl•
°Oa 6,9ofr s/C Duildlne area '
4` "
1• j
0, 100 s/C asphalt ;raved area
\1
LTh LIE - 6' Co"crel'c planter cuLbs
I t 20D s/f llasoor•i ulanter walls
PI •r ter 120 1/f -6' Cyclone t9pe fence
4 each 1D'
Fence hates
�\ \ L20 s/f attached earalte
I 1' Aspholt surCacedjrruialnr; are❑ nj
I L n.
i d
E: ire °'• I .
� 9 h
Sl
;� ?
S \ 1 °l I
d rl
I I
e c
a � Plante _ a
P
k'
e d
in
Planter
ae h C
;pla ea
s
a
la \ t n
h \ r Y
it
c •O0' r D
Fery \ �.'� \ \ \ H u
p n L
v
00,
2755/2777' 11. Palm Canyon r
\ ` .
Palrn Springs , Callfarnlu
1
' 1 i
. 2.67' 7.00 '
i
EXHIBI`1' "A" OF .LEASE '
EXHIBIT "B"
LANDLORD'S CONSTRUCTION OBLIGATIONS
1. Landlord's Work. As additional consideration for this Lease, Landlord shall perform the work
hereinafter described. Upon execution of this Lease, Landlord shall perform the following work on the
Premises, which will be partially reimbursed by lie Tenant as provided in Section 2 below: (i)paint the outside of
the entire building on the Premises, with the understanding that the City shall pre-approve the quality and color of
the paint used by Landlord; (ii) renovate and refurbish the Iwo (2) rest rooms located in the Preudses; providing
new rest room walls and flooring as needed, and new fixtures, including toilet bowls, sinks, exhaust vents and
has, ho( and cold running water and proper ellectrical service; (iii) raising the height of a partition header in the
interior portion of the additional 1,850 square feel of the Premises; (iv) enclosing a doorway along the south wall
to [lie adjoining building, to comply with all building mud electrical codes; (v) replasler or drywall and paint three
(3) walls on the west end of the additional 1,850 square feel of We Premises; (vi) replace acoustic ceilings
throughout the additional 1,850 square feel of [lie Premises; (vii) open doorway and frame between existing
Visitor Center and the additional 1,850 square fool area; (ix) install new metal exterior door on the west side of
the additional 1,850 square feel, revising the swing and adjusting the sill to meet the building code requirements;
(x) correct and replace the raised Tile flooring previously installed in the additional 1,850 square foot area; (xi)
retrofit the Premises to comply with the Americans With Disabilities Act, including wheelchair ramps and
carpeted landings and required metal hand fails;(xii) replace floor Tile as required over floor safe, at entrance from
building to the south and transition to existing Visitor Center portion of the premises; (xiii) glaze toad scarf entire
interior Boor Tile in the additional 1,850 square feel of premises; (xiv) paint all of interior of additional 1,850
square feel of premises in color and paint quality approved by the City; and (xv) install kick plate told bar exit
hardware with alarm on existing front door. 'file estimated cost of such work is TWENTY TWO THOUSAND
SEVENTY FIVE DOLLARS ($22,075.00).
The Landlord warrants that the mechanical equipment and systems, including air conditioning and
heating systems, water heater, and plumbing and electrical systems, are or will be in good working condition,
subject to City inspection and acceptance, prior to City's occupancy of the Premises.
2. Reimbursement for Landlord's Work. Upon completion of phases of Landlord's work described
above, Tenant shall inspect such work. Tenant shall approve or disapprove such work in its reasonable
discretion. if Tenant disapproves such work Landlord shall make all necessary corrections to Tentort's
satisfaction. Upon Tenant's approval of Landlord's work, Tenant shall reodt a sum not to exceed EIGHTEEN
THOUSAND ONE HUNDRED SEVENTY FIVE DOLLARS ($18,175.00) to Landlord as reimbursement as
follows:
Upon approval of this Lease $ 1,817.50
2nd payment at completion of 50% of work 7,270.00
3rd payment at completion of work 7,270.00
Final retention 1,817.50
TOTAL 18 175.00
EXIIIBI B" TO LEASE
I'
EXHIBIT "C"
ESTOPPEL CERTIFICATE
Tenant: CITY OF PALM SPRINGS, a municipal corporation
Landlord: PSP Rental Co.,, a California limited partnership
Dale of Lease: 1991
Center;
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 ("Premises").
2. The Lease constitutes the entire agreement between landlord under the Lease ("Landlord") and Tenant
will) respect to the 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 April 1, 1997, and, including any presently exercised option or
renewal term, will expire on 2002. Tenant has accepted possession of the Premises and is
the actual occupant in possession thereof and has not sublet, assigned or hypothecated its leasehold interest.
4. As of this date, to the best of Tenant's knowledge, there exists no breach or default, nor stale of facts
which, with notice, the passage of lime, 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 $1,925.00 per month, and such
monthly installments have been paid not more than one month in advance. In addition, the Lease requires Tenant
to pay for certain additional expenses as set (forth in Section 3.2 of the Lease in the amount of Three Hundred
Twenty-Five Dollars ($325.00) per month. 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 Premises are a part. Tenant has no option or preferential right to purchase all or any part of the
Premises nor any right or interest with respect to the Premises other than as Tenant under the Lease. Tenant has
no right to renew or extend the tern 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 Slates, or any state thereof, or any other action brought under said bankruptcy laws with
respect to Tenant.
Dated this day of La
CITY OF PALM SPRINGS, a municipal corporation
By:
Its:
EXHIBIT It
TO LEASE
EXHIBIT'B'
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EXHIBIT ' " OF LEASE -
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•
GUIDELINES FOR OPERATION OF THE VISITOR INFORMATION CENTER
2781 North Palm Canyon Drive
MISSION STATEMENT
The Palm Springs Visitor Center is operated to promote tourism in
Palm Springs by making it easier for visitors to arrange
accommodations in Palm Springs. Our primary focus is to book
visitors in a Palm Springs hotel.
in addition, because stays in Palm Springs will be lengthened and
more money will be spent in the local economy if the visitor is
made aware of activities, events and services available to
visitors, we also will promote shopping, restaurants, museums,
attractions and events. Insofar as possible, this will be limited
to Palm Springs businesses, activities and events.
A. GENERAL
1. The primary operation at the Visitor Center is the Hotel
Reservation Service. In addition, the Visitor Center provides
information to the tourist through the brochure racks, wall
advertising, event display board and personal contact. The rules
governing the provision of these services are described below.
2 . Visitor counselors will only book hotel rooms of
properties under contract to the Visitor Information Center. Any
person asking for a specific hotel not in the system will simply be
referred directly to that hotel. This applies to both walk-ins and
clients calling on the 11800" number.
3 . The Visitor Center can contract with the Chamber of
Commerce to provide hotel reservation services.
4. Local daily newspapers can be sold at the Visitor Center.
Any other publication wishing to be distributed at the Center must
adhere to the same guidelines prescribed for the Palm Springs
Visitor Guide by the Visitors and Promotion Commission and City
Council.
5. Except as specifically provided herein, the services of
the Visitor Center are only available to Palm Springs hotels,
businesses and organizations. Their property and business must be
established in Palm Springs (out of town branches are permitted)
and they must possess a valid Palm Springs business license. In
the case of condominium rental firms and recreation vehicle parks,
they must pay Transient Occupancy Taxes to the City and agree that
any referrals made to them by the Visitor Center will be booked
only into Palm Springs properties.
0
-2-
6. No time share firms or brokers selling time shares are
permitted.
7. To avoid window posters, the Visitor Center shall make
available to charitable community events a display board.
B. BROCHURES AND WALL DISPLAYS
1. The Visitor Center maintains two brochure racks, one for
hotels and one for other businesses.
2. Except as specifically provided herein, brochures must
contain information only on Palm Springs properties.
3 . All brochures must stand at least 8 1/2" high in the rack
and can be no larger than 8 1/2" X 11". They must be designed so
that they do not bend over and must be printed on paper stock stiff
enough to stand alone, upright in the racks.
4. Any discount brochure inserts must be the same size or
smaller than the brochure and inserted inside the brochure. Any
brochure insert that can stand up by itself is considered a
separate piece and the owner must pay the regular brochure price.
Any stickers used for the purpose of indicating prices/rates should
be posted on the back of brochures.
5. Brochures may be distributed for national events, such as
the Bob Hope Desert Classic, from behind the counter.
6. Fees and charges for brochures are as follows:
Business Brochures Charge
(per month)
a) Hotels, condominium rental firms, RV Parks Free
b) Second hotel brochures $ 50
c) Restaurant (if it participates in menu
display) Free
d) Real estate license business (one per office) $ 50
e) Business $ 50
f) City of Palm Springs owned attraction or event Free
g) City sanctioned event Free
h) Non-City sanctioned events (no more than 3
months) but waived if wall display is pur-
chased $100
i) Non-City owned non-sanctioned attraction or
event within or outside of City $ 50
-3-
7. Fees and charges for wall display space are as follows:
Business Display Charge
(per month)
a) Hotels, condominium rental firms, ry parks $ 60
b) City owned attraction or event Free
c) City sanctioned event Free
d) Non-City owned attractions in Palm Springs $120
e) Attractions outside of City $150
_ f) Non-City sanctioned event within or outside
of City (for a maximum of 3 mos. ) $200
C. ATTRACTIONS OR EVENTS OUTSIDE OF CITY
1. Attractions and events are activities which will entice
visitors to stay in a Palm Springs hotel or lengthen their stay in
a Palm Springs hotel and may be outside the city limits of Palm
Springs, but within the Coachella Valley (but including Joshua Tree
National Park) . In general, the services of the Visitor Center
shall not advertise or promote businesses, attractions or events
outside the boundaries of the City of Palm Springs except as
provided herein.
2 . An attraction is located at a permanent location and is
distinguished from an event, which is an activity of temporary
duration. Examples of events outside the City include the Indio
Date Festival and the Bob Hope Desert Classic. Examples of
attractions outside the City include the Living Desert, McCallum
Theater and the Camelot Amusement Park.
3 . Attractions outside the City may utilize the services of
the Visitor Center subject. to the following criteria:
a) The function of the attraction must be primarily of an
entertainment nature, including educational, recreational,
theatrical, social, athletic, musical or similar nature. Uses
engaged primarily in the business of producing, manufacturing,
warehousing or selling of goods or products at wholesale or retail,
shall not be eligible, even if serving as a regional center, as in
the case of the Cabazon Factory Outlet or the Palm Desert Town
Center Mall. The Camelot Amusement Park is an example of an
acceptable use satisfying this criteria of being primarily
recreational rather than retail.
b) In addition, the attraction must not compete with or
be similar in nature to a Palm Springs attraction. This
restriction shall be liberally construed. For example, any casino
outside the City shall be deemed to be similar to the Spa Casino
-4-
even if the size, physical layout, patronage, specific games
played, or accessory uses are significantly different.
4. Brochures and wall, displays are permitted for attractions
or events outside of the City of Palm Springs in accordance with
this Division C and the fee schedule in Section B6 for brochures
and in Section B7 for wall displays.
5. Palm Springs businesses shall always have priority over
attractions outside of the City in the assignment of space.
D. RATES AND CHARGES
1. All businesses must make the Visitor Center aware of their
rate structure and cannot charge any lower rate than the current
rates being offered through the Visitor Center.
2 . Restaurants may participate in the "menu display" at $50
per month.
3 . A non-profit and/or governmental operated attraction will
get a 50% discount off the regular price for the brochure display
only. A wall display will not be discounted.
4. There can be no advertising or prices or rates visible on
the front of brochures or on wall displays.
5. The rates and charges established herein may be adjusted
at any time without prior notice by the City Council following
recommendation therein by the Visitors and Promotion Commission.
E. INTERPRETATION, APPEALS
1. Any displays and/or brochures may be rejected because of
the violation of any element of these guidelines. The City retains
the right to interpret and enforce these guidelines. All matters
of interpretation and administration of these guidelines shall be
vested initially by the Manager of the Visitor Center. The Manager
shall consult as needed with the Hospitality Committee of the
Visitors and Promotion Commission.
2 . Any interested person may appeal any decision of the
Manager to the Visitors and Promotion Commission and thereafter, if
still dissatisfied, to the City Council. Appeals shall be governed
by the procedures set forth, in PSMC, Chapter 2-05. The decision of
the City Council shall be final.
.. ....... .. .
................I... . ...
CERTIFICATE OF' :�1TSLi}27iTCE a e mm YY
....... . ...,... .., .,.
Producer (800) 466-8951 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PETRA PACIFIC INSURANCE SVC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
2445 HUNTINGTON DRIVE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
SAN MARINO, CA 91108 COVERAGE AFFORDED BY THE POLICIFS BELOW_
RECEIVED Company COMPANIES AFF0=lG COVERAGE
��� " � �� �(� LEGION INSURANCE COMPANY
A
WMANAGEMEN Company CHUBB INSURANCE COMPANY
Insured _ SPAHo01-MAW
AGUA CALIENTE BAND OF CAHUILLA Company
INDIANS T. I .G INSURANCE COMPANY
DBA: SPA HOTEL C
100 N. INDIAN CANYON DRIVE company RLI / 1ST LAYER
PXr
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE-AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY POLICY -
CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS
LT
R DATE DATE
GENERAL LIABILITY General Aggregate $
p flCommerciaL GeneraL Liab CP1-0515054 10/01/97 10/01/98 Products-Comp Cps Agg
CLaims Made Occur PersonaL & Adv In'ur $
Owner's & Cant Protective Each Occurrence $
L TQUOR L TAB Fire Dama e(any 1 fire) $
Had Exp(any oneperson) $
AUTOMOBILE LIABILITY Combined Single Limit
A Any Auto CP1-0515054 10/01/97 10/01/98 $ 11000 , 000
All Owned Autos Bo i y Injury
Scheduled Autos (per person)
COMP DED: 9$500 $
Hired Autos COLL DED: $500 (p i y Injury
Non-Owned Autos (per accident) $
Property Damage $
GARAGE LIABILITY Auto OnL - Ea Accident $
Any Auto Other Than Auto On Ly
Each Accident $
A r ate $
EXCESS LIABILITY Each Occurrence
C umbrella Form XLB9231400 10/01/97 10/01/98 Aggregate
Other Than lhnbrel la Form $
WORKERS' COMPENSATION AND istatutory Limi the
EMPLOYERS' LIABILITY EL Each Accident $
;he Propr etor/. IncL _ - _ - _ EL Disease-PoLic Limit $
rtners/�uecut
Oficers are: ExcL EL 6isease=Ea-Em-Lo ee- $
OTHER
B ROPERTY CP1-0515054 10/01/97 10/01/98 21, 200, 000 AGRD AMT
ONTENTS 3 , 620, 000 AGRD AMT
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
ERTIFICATE HOLDER IS ADDED AS ADDITIONAL INSURED WITH RESPECTS TO AGREEMENT
3844 . 10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM.
CERTIFICATE ff2TDERANCELITSL)N .:.:'..
00
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL LMIL
BAYS WRITTEN NOTICE TO THE CERTIFICATE HOL 0 THE
ITY OF PALM SPRINGS LEFT
P.O. BOX 2743
PALM SPRINGS, CA 92263-2743
u on z epresentative
he QW T£ I P1? tom acltl t,'.. iI3 WTK.: SS, {d'1/ 5.)
ACORD CERTIFICA OF LIABILITY INSU NCB OP ID 85 DarE(/30/Y)
UAC-1 09/30/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brakke-Scha£nitz Ins. Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
License #0428915 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTFN
28202 Cabot Road, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLIQIE'
Laguna Niguel CA 92677-1251 �°r`1� �(€A
INSURERS AFFORDING COVE YaE/ �I y
Phone: 949-365-5100 Fax:949-365-5161 Oc/
INSURED wsURERA: Hudson Insurance Cc �X"
Agua Caliente Band Of Cahuilla INSURER B: �,';' �' oCz `''•'Iy.�-`' c�,
Indians ,, y �
Indians INSURER C.
P. O. Box 3275 INSURFRD: /°I' /1/�_'.1'
Palm Springs CA 92263
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
ILTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDM' E DATEYMMPDD Y N LIMITS
GENERAL LIABILITY EACH OCCURRENCE S
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $
J CLAIMS MADE u OCCUR MFD EXP(Any are person) $
PERSONAL&ADV INJURY $
GENERAL AGGREGATE S
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $
POLICY PRO LOC
JECT
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO
(Ea accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per accident) $
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG S
EXCESS LIABILITY EACH OCCURRENCE 5
OCCUR CLAIMS MADE AGGREGATE S
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X TORY LIMITS Eft_
A EMPLOYERS'LIABILITY NAA00013-03 10/01/03 10/01/04 E.L.EACH ACCIDENT $ 1000000
E.L.DISEASE-EA EMPLOYEE $ 1000000
El DISEASE-POLICY LIMIT $ 1000000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSWEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Certificate of Insurance has been issued as proof of insurance. Coverage is
effective from 10/01/03 TO 10/01/04.
CERTIFICATE HOLDER N I ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION
CITY OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _30 DAYSWRITTEN
Patricia A. Sanders NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Office of the City Clerk IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND PON THE INSURER,ITS AGENTS OR
P.O. Box 2743
Palm Springs CA 92263 REPRESENTATIVES. ZL
AUTHORIZED REPRESENTATIV
John Riordan
ACORD 25-S(7/97) ACORD CORPORATION 1988
acoRv,. CERTIFICATE OF LIABILITY INSU CI; O I1 85 DA08/Ol/03
PRODUCER THIS CERTIFICATE IS1WJEDASA MATTER OF INFORMATION
Brakke-Schafnitz Ins. Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
License #0428915 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
28202 Cabot Road, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Laguna Niguel CA 92677-1251 '"` ,
Phone: 949-365-5100 Fax:949-365-5161 INSURERS AFFORDING COVERAGE
INSURED INSURERA. Hudson Insurance Co -�;.`.:
INSURER St. Paul Fire 65 Marines' Py�l,l:�r
Agua Caliente Band Of Risk
Mgr. INSURERC - -
Mr. F.T.Kieley III, Risk Mgr. i-P. 0. BOX 325D INSURER D.
Palm Springs CA 92263 _
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE MM/DDNY DATE MM/DD/YY
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A X COMMERCIAL GENERAL LIABILITY NAA00013 08/01/02 10/01/03 FIRE DAMAGE(Anyone nre) $ 50,000
CLAIMS MADE [_?�] OCCUR MED ENE(Any one person) S N/A
X Liquor Liability NAA00013 08/01/02 10/01/03 PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE SN/A
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO SN/A
POLICY PE° FILCC Emp Ben. 1,000,000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $ 1 000 000
A X ANY AUTO NAA00013 08/01/02 10/01/03 (Ea acod.nt) r i
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per accident) $
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE S10,000,000
B X OCCUR CLAIMS MADE QK09000022 08/01/03 08/01/04 AGGREGATE $ 10,000,000
S
DEDUCTIBLE IS
RETENTION S $
WORKERS COMPENSATION AND X TORV LIMITS ER
EMPLOYERS'LIABILITY
- 4TAP_00013 - _- - _ 08/01/02 10/01/03 E.L,EACH ACCIDENT $ 1,000;000
E.L.DISEASE-EA EMPLOYEE $ 1,000,000
E.L.DISEASE-POLICY LIMIT $ 1,000,000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Certificate Holder is Additional Insured as their interest may appear
CERTIFICATE HOLDER N I ADDITIONAL INSURED:INSURER LETTER:_ CANCELLATION
CPALSPR SHOULDANY OFTHEABOVE DESCRIBED POLICIES BECANCELLED BEFORETHE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYSWRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
City of Palm Springs IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
PO Box 2743
Palm Springs CA 92263-2743 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE // /
John Riordan %f�� 1"'Lil;'zI
ACORD 25-S(7/97) ' ' CORD CORPORATION 1988