HomeMy WebLinkAboutA3568 - DESERT ART CENTER LEASE FRANCES STEVENS DOCUMENT TRACKING
Page: 1
Report: All Active Documents Detail January 8, 2009
Condition: Document Numbers from A3568 to A3568,ALL Groups,ALL Services,ALL XREFs
da_cument# Description Approval Date Expiration Date Closed Date
A3568 Lease Francis Stevens Park 03/12/1999 03/01/2019
Company Name: Desert Art Center
Address: P 0. Drawer#2813„ Palm Springs, CA 92262
Phone: (760) 323-7973
Contact: Dear Ms. Hollinger
Group: ECONOMIC DEVELOPMENT
Service: Lease Agreement
xRef: COMMUNITY & ECONOMIC DEVELOPMENT
Ins. Status: A policy has Expired
Document Tracking.Items: Due Completed Tracking Amount Amount
Code Item Description Date Date Date Added Paid
Converted from Fastrack v5.15 data.
12-11-96 study session ok mo to mo ogburn assigned
cab gave copy of file to Jennifer Henning 07/03/2008
Track Notes: File contained copy of Minutes from 1996 regarding status of agreements on property and they were provided to Jennifer
too.
* * * * * END OF REPORT
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Desert Art Ctr Inc of CV
1-74 Lease-Portion of
Prances Stevens Park Bldg-550 I
AGREEMENT #3568
N8564�-, 8-1?-95
MsHIS LEASE ("Lease") is made and entered into this 1st day of
1 19 95 , by and between the CITY OF PALM SPRINGS, a
municipal corporation ("Landlord") , and Desert Art Center. InC of
Coachella Valley
("Tenant") .
1.0 LEASE SUMMARY. certain fundamental lease provisions are presented
in this Section and represent the agreement of the parties hereto, subject to
further definition and elaboration in the respective referenced Sections and
elsewhere in this Lease. In the event of any conflict between any fundamental
lease provision and the balance of this Lease, the latter shall control.
References to specific Sections are for convenience only and designate some of
the Sections where references to the particular fundamental lease provisions may
appear.
1.1 Property: The term "Property" as used herein shall refer to
that certain real property located in the County of Riverside, State of
California, as more particularly described in Exhibit "A" hereof together with
the improvements located thereon.
1.2 Demised Premises: The "Demised Premises" consist of the area
generally crosshatched on the Plot Plan attached as Exhibit "B" hereof.
1.3 Approximate Floor A 33 of Premises: 4,838 square
feed; approximate frontage: H feet; approximate depth:
UA feet (said measurements being to the center of interior
separation partitions and the outside of exterior walls) .
1.4 Lease Commencement Date: October 1 1995 and
continuing for a period of one (1) year. (See Section 2.1) .
1.5 Monthly Rental: $ 408.00 (See Section 3.1) .
1.6 Security Deposits $ roo Qo (See Section 3.8) .
1.7 Use of D.emised.Premieee: Artist's studio, workshops,
ga ery, lM udding sales b r es iva s.
(See Section 4. 1) .
1.8 Tenant's Address for Notices:
Desert Art Center, Inc. Of Coachella Vallee
Drawer
a m prinas Ca 92262
1.9 If Section 4.6 of this Lease relating to charitable leases is
applicable, please mark here If Section 4.6 is applicable, the fair
market rental value of the Dem sed Premises is $N/A
FS2\27099999J000120099D2. W15M
• •
2.0 TERM.
2.1 Terms of Lease. The term of this Lease shall commence on the
date specified in Section 1.4 ("Commencement Date") and shall be for a period of
one (1) year or until this Lease is earlier terminated as provided herein.
2.2 Time. Time is of the essence of this Lease.
2.3 Force Maieure. If either party hereto shall be delayed or
prevented from the performance. of any act required hereunder by reason of Acts
of God, strikes, lockouts, labor troubles, inability to procure materials,
restrictive governmental laws or regulations or other cause without fault and
beyond the control of the party obligated (financial inability excepted) ,
performance of such act shall be excused for the period of the delay and the
period for the performance of any such act shall be extended for a period
equivalent to the period of such delay, provided such party provides the other
party written notice of such event within ten (10) days of the commencement of
the delay; provided, however, nothing in this Section contained shall excuse
Tenant from the prompt payment of any rental or other charge required of Tenant
hereunder except as may be expressly provided elsewhere in this Lease.
2.4 Holding Over. Any holding over after the expiration of the
term of this Lease, with the consent of Landlord, express or implied, shall be
construed to be a tenancy from month to month, cancellable upon thirty (30) days
written notice, and at a rental equal to one hundred fifty percent (150%) of the
last applicable Monthly Rental and upon terms and conditions as existed during
the last year of the term hereof..
3.0 RENTAL.
3.1 Monthly 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 1.5 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„9 hereof.
3.2 Additional Rental. For purposes of this Lease, all monetary
obligations of Tenant under this Lease, including, but not limited to, insurance
premiums, property taxes, maintenance expenses, late charges and utility costs
shall be deemed to be additional rental. '
3.3 Real Estate 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) and a pro rata
share of annual real estate taxes and assessments levied upon the parking and
common areas of the Property, if any, as well as taxes of every kind and nature
levied and assessed in lieu of, in substitution for, or in addition to, existing
real property taxes. Said taxes shall be paid within twenty (20) days of the
delinquent date or, if Landlord rather than Tenant receives the tax bill, said
taxes shall be paid within ten (10) days of receipt of a tax statement from
Landlord, whichever is later. Even though the term of this Lease has expired and
Tenant has vacated the Demised Premises, when the final determination is made of
Tenant's share of such taxes and .assessments, Tenant shall immediately pay to
Landlord the amount of any additional sum owed.
3.4 Personal Property Taxes. During the term hereof Tenant shall
pay prior to delinquency all taxes assessed against and levied upon fixtures,
furnishings, equipment and all other personal property of Tenant contained in the
Demised Premises, and when possible Tenant shall cause said fixtures,
furnishings, equipment and other personal property to be assessed and billed
separately from the'real property of Landlord.
3.5 Utilities. Tenant shall pay before delinquency all charges for
water, gas, heat, electricity, power, sewer, telephone service, trash removal
(unless included in the -expenses to maintain the common and parking areas) and
all other services and utilities used in, upon, or about the Demised Premises by
Tenant or any of its subtenants, licensees, or concessionaires during the term
of this Lease. '
3.6 Late Payment. Tenant hereby acknowledges that late payment by
Tenant to Landlord of rental or other sums due hereunder will cause Landlord to
incur costs not contemplated by this Lease, the exact amount of which is
extremely difficult to ascertain. Such costs include, but are not limited to,
processing and accounting charges. Accordingly, any payment of any sum to be
paid by Tenant not paid when within five (5) days of its due date shall be
subject to a five percent (5%) late charge. Landlord and Tenant agree that this
M\2700999993000VA0M2. 09115M -2-
late charge represents a reasonable estimate of such costs and expenses and is
fair compensation to Landlord for its loss suffered by such late payment by
Tenant.
3.7 Interest. Any sum to be paid pursuant to the terms of this
Lease not paid when due shall bear interest from and after the due date until
paid at a rate equal to three percent (38) over the reference rate being charged
by Hank of America, N.A. from time to time during such period so long as the rate
does not exceed the maximum non-usurious rate permitted by law in which case
interest shall be at the maximum non-usurious rate allowed by law at the time the
sum became due.
3.8 Security Deposit. Tenant contemporaneously with the execution
of this Lease, has deposited with Landlord the sum specified in Section 1.6
hereof, receipt of which is hereby acknowledged by Landlord, said deposit being
given to secure the faithful performance by the Tenant of all terms, covenants,
and conditions of this Lease by the Tenant to be kept and performed during the
term hereof. Tenant agrees that if the Tenant shall fail to pay the rent herein
reserved or any other sum required hereby promptly when due, said deposit may,
at the option of the Landlord (but Landlord shall not be required to) be applied
to any rent or other sum due and unpaid, and if the Tenant violates any of the
other terms, covenants, and conditions of this Lease, said deposit may, at
Landlord's option, be applied to any damages suffered by Landlord as a result of
Tenant's default to the extent of the amount of the damages suffered.
Nothing contained in this Section shall in any way diminish or be
construed as waiving any of the Landlord's other remedies as provided in Section
11.1 hereof, or by law or in equity. Should the entire security deposit, or any
portion thereof, be appropriated and applied by Landlord for the payment of
overdue rent or other sums due and payable to Landlord by Tenant hereunder, then
Tenant shall, on the written demand of Landlord, forthwith remit to Landlord a
sufficient amount in cash to restore said security deposit to its original
amount, and Tenant's failure to do so within five (5) days after receipt of such
demand shall constitute a breach of this Lease. Should Tenant comply with all
of the terms, covenants, and conditions of this Lease and promptly pay all of the
rental herein provided for as it falls due, and all other sums payable by Tenant
to Landlord hereunder, said security deposit shall be returned in full to Tenant
at the end of the term of this Lease, or upon the earlier termination of this
Lease as specified herein.
4.0 USE OF THE PREMISES.
4.1 Permitted Use. The Landlord hereby leases to Tenant and Tenant
hereby hires from Landlord the Demised Premises with appurtenances as defined
herein, for the purpose of conducting thereon only the use specified in Section
1.7 of this Lease and for no other use.
4.2 Prohibited Uses. Tenant shall not sell or permit to be kept,
used, displayed or sold in or about the Demised Premises (a) pornographic or
sexually explicit books, magazines, literature, films or other printed material,
sexual paraphernalia, or other material which would be considered lewd, obscene
or licentious, (b) any article which may be prohibited by standard forms of fire
insurance policies, or (c) any alcoholic beverages unless expressly permitted by
Section 1.7 hereof. Tenant shall not use, or permit to be used, the Demised
Premises or any part thereof for the installation or on-premises use of any
vending machine, gaming machine or video or arcade game unless expressly
permitted by this Lease.
4.3 Compliance With Laws. Tenant shall, at his sole cost and
expense, comply with all of the requirements of all municipal, state and federal
authorities now in force or which may hereafter be in force pertaining to the use
of the Demised Premises, and shall faithfully observe in said use all municipal
ordinances, including, but not limited to, the General Plan and zoning
ordinances, state and federal statutes, or other governmental regulations now in
force or which shall hereinafter be in force. Tenant's violation of law shall
constitute an incurable default under this Lease. The judgment of any court of
competent jurisdiction, or the admission of Tenant in any action or proceeding
against Tenant, whether Landlord be a party thereto or not, that Tenant has
violated any such order or statute in said use, shall be conclusive of that fact
as between the Landlord and Tenant.
Tenant shall not engage in any activity on or about the Demised
Premises that violates any Environmental Law, and shall promptly, at Tenant's
sole cost and expense, take all investigatory and/or remedial action required or
ordered by any governmental agency, Landlord or Environmental Law for clean-up
and removal of any contamination involving any Hazardous Material created or
caused directly or indirectly by Tenant. The term "Environmental Law" shall mean
any federal, state or local law, statute, ordinance or regulation pertaining to
health, industrial hygiene or the environmental conditions on, under or about the
Demised Premises and the regulations and administrative codes applicable thereto.
The term "Hazardous Material" includes, without limitation, any material or
substance which is (i) defined or listed as a "hazardous waste", "extremely
FszUM09999saaom20099.2. o ISM -3-
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 sea.. Tenant shall provide prompt written notice to Landlord of the existence
of Hazardous Substances on the premises and all notices of violation of the
Environmental Laws received by Tenant.
4.4 Signs. Tenant shall not place or permit to be placed any sign
that is not in compliance with the sign ordinance of the Landlord upon the
exterior or in the windows of the Demised Premises. Any sign not constructed in
accordance therewith shall be immediately removed by Tenant and, if said sign is
not removed by Tenant within ten (10) days of written notice from Landlord to
Tenant, then Landlord may remove and destroy said sign without Tenant's approval
and without any liability to Tenant.
4.5 Hours of Business. Subject to the provisions of Section 9.0
hereof, Tenant shall continuously during the entire term hereof conduct and carry
on Tenant's business in the Demised Premises and shall keep the Demised Premises
open for business and cause Tenant 's business to be conducted therein during the
usual business hours of each a.nd every business day as is customary forpQ,//
businesses of like character to be open for business in the county in which th
Demised Premises are located. In event, however y.,ejlall such hours of bein
open for business be less than (a) a.m. through -81'-p.m. at least five days }Pt{t
per week or (b) the hours of 70% of the number of tenants in the Property; �a
provided, however, that this provision shall not apply if the Demised Premises
should be closed and the business of Tenant temporarily discontinued therein on
account of strikes, lockouts, or similar causes beyond the reasonable control of /
Tenant. It is the intention of Landlord that the Demised Premises be open during
evening hours to promote business in the City of Palm Springs and, therefore,
T^ n« ehmll .-«t^tp-t- A.. _proq=am ^..4_1.11eh d b Landlord L_ ld_
..T
ntn ahn p4n nA n«vY«,4 n« whth progr-m may
...No _dt..tst_ _d ti the
_n^ nto nu-in *mr- •"orat B#etatat.. er eueh ether ant:#`y--t-#>'at—fna be-
1-1,7nated by the Landlerd
4.6 Charitable Lease. The provisions of this Section are required
by Resolution No. 14527 of the City Council and shall only apply if so indicated
in Section 1.9. Tenant hereby represents and warrants to Landlord that Tenant
is exempt from federal income taxation pursuant to Internal Revenue Code Sections
501(c) (1) and/or 501(c) (3) and that Tenant's use of the Demised Premises as
specified in Section 1.7 is a tax exempt function. Tenant hereby acknowledges
that the Monthly Rent is below fair market- rental rates and that the fair market
rental value of the property is as specified in Section 1.9.
4.7 Rules and Regulations. Tenant shall faithfully observe and
comply with the rules and regulations that Landlord shall from time to time
promulgate and/or modify. The rules and regulations, if any, are attached hereto
as Exhibit "D" ("Rules and Regulations") . Any amendment or modification of the
Rules and Regulations shall be binding upon the Tenant upon delivery of a copy
of such amendment or modification to Tenant. Landlord shall not be responsible
to Tenant for the nonperformance of any said rules and regulations by any other
tenants or occupants. The Rules and Regulations shall apply and be enforced as
to all tenants in the Property on a uniform basis.
4.8 Tenant shall join, ak �IJ•�//
,.hretvjhetthmil._ term of this Leas �,-
5.0 PARKING AND COMMON AP'.EAS.
5.1 Definitions. The term "parking and common areas" as used
herein shall mean those portions of the Property that are from time to time
established by Landlord as automobile parking areas, roadways, walkways,
landscaped areas, malls, service areas, and the like. During the term 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 other present and future owners and
tenants of the Property and their agents, employees, customers, licensees and
subtenants, and others authorized by Landlord to use the parking and common areas
of the Property for ingress, egress and automobile parking, provided that the
condemnation or other taking by any public authority, or sale in lieu of
condemnation, of any or all of such parking and common areas shall not constitute
a violation of this covenant. Nothing herein contained shall be deemed to
prevent Landlord from using or authorizing others to use said parking and common
areas.
FS2%276109999"0WaffiM2. 0et15t9s -4-
5.2 Maintenance of Common Areas. During the entire term hereof,
Landlord shall keep or cause to be kept the parking and common areas as same are
established and completed by Landlord in a good, neat, clean and orderly
condition, properly lighted and landscaped, and shall repair any damage to the
facilities thereof as well as the exterior walls and roof of the Demised Premises
as provided in Section 6.2. uk a," -e11pa in
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shall h thm�gR—..£ "11, Ruch which equal a.. the
th cre. f ...h:nh the mhor of f—t of £1..... . 4he
h..l l.i1 4hc Dr r4. .+1 e.i ..F 4he ..4 ..F ,.}1-
�a):eadar--m^^ah Tharg shall-]- he ^ a4.. adi" .a..ent e f T....^_..a%hq�p
th^ expanse na:^ wi3 h t.h.� ^parking and of ahF
..4� and ptrat-i .-.F 4L... term ^c this
6.0 ALTERATIONS AND REPAIRS.
6.1 Alterations and Fixtures. Tenant shall not make, or suffer to
be made, any alterations to the Demised Premises, or any part thereof, or the
building containing the Demised Premises or change the appearance of the building
containing the Demised Premises without the prior written consent of Landlord,
and any alterations to the Demised Premises, except movable furniture and trade
fixtures, shall become at once a part of the realty and shall at the expiration
or earlier termination of this Lease belong to Landlord. Tenant shall not in any
event make any changes to the exterior of the Demised Premises. Any such
alterations shall be in conformance with the requirements of all municipal,
state, federal, and other governmental authorities, including requirements
pertaining to the health, welfare or safety of employees or the public and in /
conformance with reasonable rules and regulations of Landlord. Landlord may
require that any such alterations be removed prior to the expiration of the term
hereof. Any removal of alterations or furniture and trade fixtures shall be at
Tenant's expense and accomplished in a good and workmanlike manner. Any damage
occasioned by such removal shall be repaired at Tenant's expense so that the
Demised Premises can be surrendered in a good,, clean and sanitary condition as
required by Section 6.2 hereof. Any and all fixtures and appurtenances installed
by Tenant shall conform with the requirements of all municipal, state, federal,
and governmental authorities including requirements pertaining to the health,
welfare, or safety of employees or the public.
6.2 Maintenance and Repair. Tenant shall, -aubjeet a^ band ^-.ma's
r at all times during the term hereof, and at
Tenant's sole cost and expense, keep, maintain and repair the Demised Premises,
Tenant's portion of the building containing the Demised Premises and other
improvements within the Demised Premises in good and sanitary order, condition,
and repair (except as hereinafter provided) , including without limitation, the
maintenance and repair of any store front, doors, window casements, glazing,
heating and air conditioning system, plumbing, pipes, electrical wiring and
conduits. Tenant shall also at its sole cost and expense be responsible for any
alterations or improvements to this Demised Premises necessitated as a result of
the requirement of any municipal., state or federal authority. Tenant hereby
waives all right to make repairs at the expense of Landlord., and Tenant hereby
waives all rights provided for by the� Civil Code of the State of California to
make said repairs. By entering into the Demised Premises, Tenant, shall be deemed
to have accepted the Demised Premises as being in, good and sanitary order,
condition and repair, and Tenant agrees on the last day of said term or sooner
termination of this Lease to surrender the Demised Premises with appurtenances,
in the same condition as when received and in a good, clean and sanitary
condition, reasonable use and wear thereof and damage by fire, act of God or by
the elements excepted. Tenant shall periodically sweep and clean the sidewalks
adjacent to the Demised Premises, as needed. n
Landlord shall maintain in good repair the exterior walls, reef and {� J
sidewalks. Tenant agrees that it will not, nor will it authorize any person to,c. ,V ,�
go onto the roof of the building of which the Demised Premises are a part without (y\\r
the prior written consent of Landlord. ' Said consent will be given only upon V
Landlord's satisfaction that any repairs necessitated as a result of Tenant's
action will be- made by Tenant at: Tenant's expense and will be made in such a
manner so as not to invalidate any guarantee relating to said roof. Landlord
shall not be required to make any repairs to the exterior walls, recce wand
sidewalks unless and until Tenant has notified Landlord in writing of the nee
for such repairs and Landlord shall have had a reasonable period of time
thereafter to commence and complete said repairs.
6.3 Free From Liens. Tenant shall keep th9 Demised Premises, the -
building containing the Demised Premises, and the property on which the Demised
Premises are situated free from any liens arising out of any work performed,
material furnished, or obligation incurred by Tenant or alleged to have been
incurred by Tenant.
FSMW099999800D12009932. O8115M -5-
6.4 Reservation of Right to Modify Property. Landlord hereby
reserves the right (but not the obligation) to renovate, modernize, rehabilitate,
expand, reduce, reconfigure, enclose and/or otherwise alter all or any portion
of the Property (collectively "Modifications") , in such manner and at such time
or times, throughout the term of this Lease, as Landlord may, in its sole and
absolute discretion, deem to be in the best interests of the Property. Such
Modifications may include, without limitation, the right to construct new
buildings in the Property for additional retail, office, hotel and/or other uses,
to remove, renovate, repair, add to, modernize or otherwise alter the building
in which the Demised Premises are situated as well as other buildings,
facilities, structures, malls, walkways, landscaping, parking and common areas
or other areas within the Property. In connection with any and all such
Modifications, Landlord may enter the Demised Premises to the extent reasonably
required by Landlord to pursue and complete such Modifications. In addition,
Landlord may temporarily close portions of the parking and common areas and cause
temporary obstructions in connection with any Modifications. Tenant agrees that
under no circumstances shall the Modifications as to any portion of the Property
or the construction activity that takes place in the course of making the
Modifications, or any aspect thereof, including Landlord's entry into the Demised
Premises, constitute an eviction or partial eviction of Tenant or a breach of
Tenant's right to quiet enjoyment: or of any other provision of this Lease, nor
entitle Tenant to damages, injunctive relief or other equitable relief, nor
entitle Tenant to any abatement or reduction in the Monthly Rental, additional
rental or other charges or sums due under this Lease; provided Landlord uses
reasonable efforts to mitigate any adverse effects on Tenant caused by the
Modifications.
7.0 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 at least ninety percent (90%) of the replacement value of the building
containing the Demised Premises, together with such other insurance, coverages
and endorsements as may be required by Landlord's lender, or as Landlord may f\/
determine in its sole discretion. Tenant hereby waives any right of recovery
from Landlord, its officers and employees, and Landlord hereby waives any right
of loss or damage (including consequential lose) resulting from any of the perils
insured against as a result of said insurance. Tenant agrees to pay to Landlord
-
its pro rats. share of the cost of said insurance to be determined by the
relationship that the gross floor area of the Demised Premises bears to the total
gross leasable floor area of the building or buildings for which such policy
relates.
7.2 Insurance ProvLded by Tenant.
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-allowed by
(b) Tenant to Provide Personal Property Insurance. Tenant,
at its expense, shall maintain fire and extended coverage insurance
written on a per occurrence basis on its trade fixtures, equipment,
personal property and inventory within the Demised Premises from
lose 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 rats. share of the cost of said
insurance on the same basis as provided in Section 7.1 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
W521276109999v,3OM009932. aensros —6—
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 retrained 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 7.2 shall be primary insurance and shall
name the Landlord, its officers, employees and agents as additional
insureds. The insurers shall waive all rights of contribution they
may have against the? Landlord, its officers, employees and agents
and their respective insurers. All of said policies of insurance
shall provide that said insurance may not be amended or cancelled
without providing 30 days prior written notice by registered mail to
the Landlord. Prior to the Commencement Date or such earlier date
as Tenant takes possession of the Demised Premises for any purpose;
and at least 30 days prior to the expiration of any insurance
policy, Tenant shall provide Landlord with certificates of insurance
or appropriate insurance binders evidencing the above insurance
coverages written by insurance companies acceptable to Landlord,
licensed to do business in the state where the Demised Premises are
located and rated A:VII or better by Best's Insurance Guide.
Landlord and Tenant hereby waive any rights each may have against
the other on account of any loss or damage occasioned by property
damage to the Demised Premises, its contents, or Tenant's trade
fixtures, equipment, personal property or inventory arising from any
risk generally covered by insurance against the perils of fire,
extended coverage, vandalism, malicious mischief, theft, sprinkler
damage, and earthquake sprinkler leakage. Each of the parties, on
behalf of their respective insurance companies insuring such
property of either Landlord or Tenant against such loss, waive any
right of subrogation that it may have against the other. The
foregoing waivers of subrogation shall be operative only so long as
available in California and provided further that no policy is
invalidated thereby.
7.3 Indemnification of Landlord. Tenant, as a material part of the
consideration to be rendered to Landlord under this Lease, hereby waives all
claims against Landlord for damage to equipment or other personal property,
trade fixtures, leasehold improvements, goods, wares, inventory and merchandise,
in, upon or about the Demised Premises and for injuries to persons in or about
the Demised Premises, from any cause arising at any time. Tenant agrees to
indemnify the Landlord, its officers, agents and employees against, and will hold
and save them and each of them harmless from, any and all actions, suits, claims,
damages to persons or property, losses, costs, penalties, obligations, errors,
omissions or liabilities, (herein "claims or liabilities") that may be asserted
or claimed by any person, firm or entity arising out of or in connection with the
negligent performance of the work, operations or activities of Tenant, its
agents, employees, subcontractors, or invitees, provided for herein, or arising
from the use of the Demised Premises or the parking and common areas by Tenant
or its employees and Customers, or arising from the failure of Tenant to keep the
Demised Premises in good condition and repair, as herein provided, or arising
from the negligent acts or omissions of Tenant hereunder, or arising from
Tenant's negligent performance of or failure to perform any term, provision
covenant or condition of this Lease, whether or not there is concurrent passive
or active negligence on the part of the Landlord, its officers, agents or
employees but excluding ouch claims or liabilities arising from the Bole
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 Baid claims or liabilities and will pay all
costs and expenses, including legal Costa 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,
FS2\27aO99999."f0MOOM2. 09/15/95 —7—
its officers, agents or employees in such action or proceeding,
including but not limited to, legal costs and attorneys' fees.
8.0 ABANDONMENT AND SURRENDER.
8.1 Abandonment. Tenant shall not vacate or abandon the Demised
Premises at any time during the term of this Lease; and if Tenant shall abandon,
vacate or surrender the Demised Premises or be dispossessed by process of law,
or otherwise, any personal property belonging to Tenant and left on the Demised
Premises shall be deemed to be abandoned, at the option of Landlord, except such
property as may be mortgaged to Landlord.
8.2 Surrender 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
subtenanciee, or may, at the option of Landlord, operate as an assignment to it
of any or all of such subleases or subtenanciee.
9.0 DAMAGE AND DESTRUCTION OF PREMISES.
In the event of (a) partial or total destruction of the Demised Premises
or the building containing same during the term of this Lease which requires
repairs to either the Demised Premises or said building, or (b) the Demised
Premises or said building being declared unsafe or unfit for occupancy by any
authorized public authority for any reason other than Tenant's act, use or
occupation, which declaration requires repairs to either the Demised Premises or
said building, Landlord may either (i) make said repairs or (ii) terminate this
Lease by providing written notice to Tenant within sixty (60) days following the
date of such destruction. If Landlord elects to make said repairs, and provided
Landlord uses due diligence in malting said repairs, this Lease shall continue in
full force and effect, and the Monthly Rental shall be proportionately reduced
while such repairs are being made. If Landlord elects to terminate this Lease,
all rentals shall be prorated between Landlord and Tenant as of the date of such
destruction. In respect to any partial or total destruction (including any
destruction necessary in order to make repairs required by any such declaration
of any authorized public authority) which Landlord may elect to repair under the
terms of this Section, Tenant waives any statutory right it may have to cancel
this Lease as a result of such destruction.
10.0 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 shall be subject: to all of the terms and conditions of this
Lease, and the proposed assignee shall assume the obligations of Tenant under
this Lease in writing in form satisfactory to Landlord. Consent by Landlord to
one assignment, subletting, 'occupation or use by another person shall not be
deemed to be a consent to any subsequent assignment, subletting, occupation or
use by another 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 not any interest therein shall be assignable as to the interest of Tenant
by operation of law. If Landlord approves such assignment, Tenant shall pay to
Landlord any consideration received by Tenant for such assignment.
11.0 DEFAULT AND REMEDIES.
11.1 Default by Tenant. In addition to the defaults described in
Section 10.0 hereinabove, the occurrence of any one or more of the following
events shall constitute a default: and breach of this Lease by Tenant: (a) the
failure to pay any rental or other payment required hereunder to or on behalf of
Landlord more than three (3) days after written notice from Landlord to Tenant
that Tenant has failed to pay rent when due; (b) the failure to perform any of
Tenant's agreements or obligations hereunder (exclusive of a default in the
payment of money) where such default shall continue for a period of thirty (30)
days after written notice thereof from Landlord to Tenant which notice shall be
deemed to be the statutory notice so long as such notice complies with statutory
requirements; (c) the vacation or abandonment of the Demised Premises by Tenant;
(d) the making by Tenant of a general assignment for the benefit of creditors;
(e) the filing by Tenant of a voluntary petition in bankruptcy or the
adjudication of Tenant as a bankrupt; (f) the appointment of a receiver to take
possession of all or substantially all the assets of Tenant located at the
Demised Premises or of Tenant's leasehold interest in the Demised Premises; (g)
the filing by any creditor of Tenant of an involuntary petition in bankruptcy
which is not dismissed within sixty (60) days after filing; or (h) the attach-
rs:u7mo9999%,10 m2WM2. aensivs -8-
ment, execution or other judicial seizure of all or substantially all of the
assets of Tenant or Tenant's leasehold where such an attachment, execution or
seizure is not discharged within sixty (60) days. Any repetitive failure by
Tenant to perform its agreements and obligations hereunder, though intermittently
cured, shall be deemed an incurable default. Two (2) breaches of the same
covenant within a sixty (60) day period, a notice having been given pursuant to
(a) or (b) above for the first breach, or three (3) of the same or different
breaches at any time during the term of this Lease for which notices pursuant to
(a) or (b) above were given for the first two (2) breaches shall conclusively be
deemed to be an incurable repetitive failure by Tenant to perform its obligations
hereunder.
In the event of any such default or breach by Tenant, Landlord may
at any time thereafter, without further notice or demand, rectify or cure such
default, and any sums expended by Landlord for such purposes shall be paid by
Tenant to Landlord upon demand and as additional rental hereunder. In the event
of any such default or breach by Tenant, Landlord shall have the right (i) to
continue the lease in full force and effect and enforce all of its rights and
remedies under this Lease, including the right to recover the rental as it
becomes due under this Lease, or (ii) Landlord shall have the right at any time
thereafter to elect to terminate the Lease and Tenant's right to possession
thereunder. Upon such termination, Landlord shall have the right to recover from
Tenant:
(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 lose 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, other sums
payable hereunder which are designated "rental" or "additional rental" and any
other sums payable hereunder on a regular basis such as reimbursement for real
estate taxes.
Such efforts as Landlord may make to mitigate the damages caused by
Tenant's breach of this Lease shall not constitute a waiver of Landlord's right
to recover damages against Tenant hereunder, nor shall anything herein contained
affect Landlord's right to indemnification against Tenant for any liability
arising prior to the termination of this Lease for personal injuries or property
damage, and Tenant hereby agrees to indemnify and hold Landlord harmless from any
such injuries and damages, including all attorney's fees and costs incurred by
Landlord in defending any action brought against Landlord for any recovery
thereof, and in enforcing the terms and provisions of this indemnification
against Tenant.
Notwithstanding any of the foregoing, the breach of this Lease by
Tenant, or an abandonment of the Demised Premises by Tenant, shall not constitute
a termination of this Lease, or of: Tenant's right of possession hereunder, unless
and until Landlord elects to do so, and until such time Landlord shall have the
right to enforce all of its rights and remedies under this Lease, including the
right to recover rent, and all other payments to be made by Tenant hereunder, as
they become due. Failure of Landlord to terminate this Lease shall not prevent
Landlord from later terminating this Lease or constitute a waiver of Landlord's
right to do so.
11.2 No Waiver. Acceptance of rental hereunder shall not be deemed
a waiver of any default or a waiver of any of Landlord's remedies.
11.3 Landlord's 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
FS2U76\099999-300mmwv2. oensros —9—
to Landlord and to the holder of any first mortgage or deed of trust covering the
Premises whose name and address shall have theretofore been furnished to Tenant
in writing, specifying wherein Landlord has failed to perform such obligation;
provided, however, that if the nature of Landlord's obligation is such that more
than thirty (30) days are required for performance then Landlord shall not be
deemed in default if Landlord commences performance within a (30) day period and
thereafter diligently prosecutes the same to completion. In no event shall
Tenant have the right to terminate this Lease as a result of Landlord's default
and Tenant's remedies shall be limited to damages and/or an injunction.
12.0 CONDEMNATION.
In the event a condemnation or a transfer in lieu thereof results in a
taking of any portion of the Demised Premises, Landlord may, or in the event a
condemnation or a transfer in lieu thereof results in a taking of twenty-five
percent (25%) or more of the Demised Premises, Tenant may, upon written notice
given within thirty (30) days after such taking or transfer in lieu thereof,
terminate this Lease. Tenant shall not be entitled to share in any portion of
the award and Tenant hereby expressly waives any right or claim to any part
thereof. Tenant shall, however, have the right to claim and recover, only from
the condemning authority (but not from Landlord) , any amounts necessary to
reimburse Tenant for the cost of removing stock and fixtures. If this Lease is
not terminated as above provided, Landlord shall use a portion of the
condemnation award to restore the Demised Premises.
13.0 MISCELLANEOUS.
13.1 Entry and Inspection. Tenant shall permit Landlord and his
agents to enter into and upon the Demised Premises at all reasonable times for
the purpose of inspecting the same or for the purpose of maintaining the building
in which the Demised Premises are situated, or for the purpose of making repairs,
alterations or additions to any other portion of said building, including the
erection and maintenance of such scaffolding, canopy, fences and props as may be
required, or for the purpose of posting notices of nonliability for alterations,
additions or repairs, or for the purpose of placing upon the property in which
the Demised Premises are located any usual or ordinary "For Sale" signs or any
signs for public safety as determined by Landlord. Landlord shall be permitted
to do any of the above without any rebate of rent and without any liability to
Tenant for any loss of occupation or quiet enjoyment of the Demised Premises
thereby occasioned. Tenant shall permit Landlord, at any time within three (3)
months prior to the expiration of this Lease, to place upon the Demised Premises
any usual or ordinary "For Lease" signs, and during such three (3) month period
Landlord or his agents may, during normal business hours, enter upon said Demised
Premises and exhibit same to prospective tenants.
13.2 Jurisdiction and Venue. The parties hereto agree that the
State of California is the proper jurisdiction for litigation of any matters
relating to this Lease, and service mailed to the address of tenants set forth
herein shall be adequate service for such litigation. The parties further agree
that Riverside County, California is the proper place for venue as to any such
litigation and Tenant agrees to submit to the personal jurisdiction of such court
in the event of such litigation.
13.3 Partial Invalidity. If any term, covenant, condition or
provision of this Lease is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remainder of the provisions hereof shall
remain in full force and effect and shall in no way be affected, impaired or
invalidated thereof.
13.4 Successors in ]Interest. The covenants herein contained shall,
subject to the provisions as to assignment, apply to and bind the heirs,
successors, executors, administrators and assigns of all the parties hereto; and
all of the parties hereto shall be jointly and severally liable hereunder.
13.5 No Oral Agreements. This Lease (i) covers in full each and
every agreement of every kind or nature whatsoever between the parties hereto
concerning this Lease, (ii) supersedes any and all previous negotiations,
agreements and understandings, if any, between the parties, oral or written and
(iii) merges all preliminary negotiations and agreements of whatsoever kind or
nature herein. Tenant acknowledges that no representations or warranties of any
kind or nature not specifically set forth herein have been made by Landlord or
its agents or representatives.
13.6 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
F3E1276\099999-30OW1009932. 0en5195 -1 0-
Landlord that the entering into this Lease does not violate any provisions of any
other agreement to which Tenant is bound.
13.7 Relationship of Parties. The relationship of the parties
hereto is that of Landlord and Tenant, and it is expressly understood and agreed
that Landlord does not in any way or .for any purpose become a partner of Tenant
in the conduct of Tenant's business or otherwise, or a joint venturer with
Tenant, and that the provisions of this Lease and the agreements relating to rent
payable hereunder are included solely for the purpose of providing a method
whereby rental payments are to be measured and ascertained.
13.8 Nondiscrimination. Tenant herein covenants by and for itself,
its heirs, executors, administrators and assigns and all persons claiming under
or through it, and this Lease is made and accepted upon and subject to the
following conditions: That there shall be no discrimination against or
segregation of any person or group of persons on account of race, sex, marital
status, color, creed, national origin or ancestry, in the leasing, subleasing,
transferring, use, occupancy, tenure or enjoyment of the Demised Premises herein
leased, nor shall the Tenant itself, or any person claiming under or through it,
establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, sublessees, subtenants or vendees in the Demised Premises.
13.9 Notices. Wherever in this Lease it shall be required or
permitted that notice and demand be given or served by either party to this Lease
to or on the other, such notice or demand shall be given or served in writing and
shall not be deemed to have been duly given or served unless in writing, and
personally served or forwarded by certified mail, postage prepaid, addressed, if
to Landlord, to the City of Palm springs, P.O. Box 2743, Palm Springs,
California, 92263, Attention: City Manager and, if to Tenant, as specified in
Section 1.8. 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.
13.10 Waiver. No delay or omission in the exercise of any right or
remedy by a nondefaulting party shall impair such right or remedy or be construed
as a waiver. A party's consent to or approval of any act by the other party
requiring the party's consent or approval shall not be deemed to waive or render
unnecessary the other party's consent to or approval of any subsequent act. Any
waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this
Lease.
13.11 Exhibits. The Exhibits and Addenda attached to this Lease are
made a part hereof as if fully set forth herein. In the event of a conflict
between the terms and provisions of an Addenda and the terms and provisions of
this Lease, the terms and provisions of the Addenda shall prevail.
IN WITNESS WHEREOF, the parties have duly executed this Lease together with
the herein referred to Exhibits which are attached hereto, on the day and year
first above written in Palm Springs, California.
ATTEST: CIT OF PALM SPRING , nicipal
cor oration
Byy;La�-LL By:
Ci:ty�Clerk city a ger
"LANDLORD"
REVIEWED AND APPROVED
City Attorney F�3
Desert Art Center of the Coachella Valley
550 N. Palm Canynn Dr.
By.r�Its: President
Presiden t
By: I) )�L�Lf
ALL' --
Its secretary
:
"TENANT"
FS2\27aO99999.900D2009932. 08115/95 -1 1—
Z.
EXHIBIT 'A'
LEGAL DESCRIPTION OF THE PROPERTY
That portion of the Southeast quarter of the Southeast quarter
of Section 10, Township 4 South, Range 4 East, San Bernardino
Base and Meridian, described as follows:
Beginning at a point on the South line of said Section 10, Township
4 South, Range 4 East, San Bernardino Base and Meridian, 30 feet
. West of the Southeast corner thereof; thence, South 89 42' West
on said South line, 297.40 feet; thence North on the East line
of a public highway 550.4 feet; thence North 89 42' East, 296.75
feet to a point distant 30 feet, measured at a right angle,
from the East line of said Section 10; thence South 0 2' 30"
East and parallel with said East line, 550.4 feet to the point
of beginning.
Said property is also situated in the City of Palm Springs, and
known as Buildings A & B of the former Senior Center, 550 North
Palm Canyon Drive.
EXHIBIT 'A'
TO LEASE
r
MON
EXHIBIT 'B•
PLOT PLAN OF THE PROPERTY SHORING
THE LOCATION OF DEMISED PREMISES
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EXHIBIT 'B'
TO LEASE
EXHIBIT "C"
ESTOPPEL CERTIFICATE
Tenant; Desert Art Center, Inc. of Coachella Valley
Landlord: CITY OF PALM SPRINGS, a
municipal corporation
Date of Lease: 10/1/95
Shopping Center: Frances Stevens
Demised Premises: Bldg. A E B
To; Linda McElroen-Smith
The undersigned hereby certifies as follows:
I. The undersigned is the tenant ("Tenant') under the above-referenced lease ("Lease") covering the
above-referenced premises ("Demised Premises").
2. The Lease constitutes the entire agreement between landlord under the Lease ("Landlord") and
Tenant with respect to the Demised Premises and the Lease has not been modified, changed, altered or amended
in any respect except as set forth above.
3. The term of the Lease commenced on 10/1 19 95 , and, including any presently
exercised option or renewal term, will expire on mac' �� G Tenant has acceptedT
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 E 408
per month, and
such monthly installments have been paid not more than one month in advance. -r- •ddiLia --
requires Tempt " payr s �••"P-.-�..�e��,�h in--tk4--ameua oaf parent f_X� nd-P.....ta9a--c"f_
—has been paid threugh Lg ,.a the hpgg A. T,...__t'
lonawledge RA qthpp gept has been paid
in •d. d T t h 1 I F ^
@_ the -Ad is. assqrtinqG
n3_or landlord_Tenant has no claim against Landlord For any security or
other deposits except S DUU ,which was paid pursuant to the Lease.
6. Tenant has no option or preferential right to lease or occupy additional -,pace within the Property
of which the Oemised 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 is
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 `ent.
partial rent, rebate of rental payments or any other type of rent or other concession except as exoressli
set forth in the Lease.
EXHIBIT "C"
10 LEASE
C/MAS7ERS/276/PS MASTERS/06 1/15/92
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 annJJJd all premiums with respect thereto have been paid.
Dated this day of 1995
Linda McEI roen(�--Srni th
By
Its: President
-2-
EXHIBIT "D"
RULES AND REGULATIONS
1. All loading and unloading of goods shall be done only at the times,
in the areas and through the entrances reasonably designated for such purposes
by Landlord.
2. The delivery or shipping of merchandise, supplies and fixtures to and
from the Demised Premises shall be subject to such rules and regulations as in
the reasonable judgment of Landlord are necessary for the proper operation of the
Demised Premises 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.
e. Tenant will not allow animals, except seeing-eye dogs, in, about or
upon the Demised Premises.
9. Tenant shall not use, and shall not allow anyone else to use, the
Demised Premises as a habitation. Such prohibition shall include, without
limitation, sleeping, eating or bathing.
10. Tenant shall not place any rubbish or other matter outside any
building within the Property, except in such containers as are authorized from
time to time by Landlord.
11. Tenant shall keep all window displays in a clean and orderly fashion.
If merchandise is to be shown in the window displays, such merchandise shall be
changed at least every other month. Landlord shall have the right to require the
removal or change of any window display it finds, in its sole and absolute
judgment, unattractive or objectionable.
EXHIBIT "D"
TO LEASE
Page 1 of 2 Pages
F52\276N099999J00012009932. W15195
LEASE
By and Between
THE CITY OF PALM SPRINGS
and
Desert Art Center, Inc. of Coachella Valley
[Multi T'errant Building[Single Year Lease]
F82276\09999%,10M00MZ- 0e115195
TABLE OF CONTENTS
1.0 LEASE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2.0 TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2.1 Terms of Lease . . . . . . . . . . . . . . . . . . . . . . 2
2.2 Time . . . . . . . . . . . 2
2.3 Force Ma
jeure . . . . . . . . . . . . 2
2.4 Holding Over . . . . . . . . . . . . . . . . . . . . . . . . 2
3.0 RENTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3.1 Monthly Rental . . . . . . . . . . . . . . . . . . . . . . 2
3.2 Additional Rental . . . . . . . . . . . . . . . . . . . . . . 2
3.3 Real Estate Taxes . . . . . . . . . . . . . . . . . . . . . . 2
3.4 Personal Property Taxes . . . . . . . . . . . . . . . . . . . 2
3.5 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3.6 Late Payment . . . . . . . . . . . . . . . . . . . . . . . . 2
3.7 Interest . . . . . . . . . . . . . . . . . . . . . . . 3
3.8 Security Deposit . . . . . . . . . . . . . . . . . . . . . . 3
4.0 USE OF THE PREMISES . . . . . . . . . . . . . . . . . . . . . . . . 3
4.1 Permitted Use . . . . . . . . . . . . . . . . . . . . . . . . 3
4.2 Prohibited Uses . . . . . . . . . . . . . . . . . . . . . . . 3
4.3 Compliance With Laws . . . . . . . . . . . . . . . . . . . . 3
4.4 Signs . . . . . . . . . . . . . . . . . . . . . . . . 4
4.5 Hours of Business . . . . . . . . . . . . . . . . . . . . . . 4
4.6 Charitable Lease . . . . . . . . . . . . . . . . . . . . 4
4.7 Rules and Regulations . . . . . . . . . . . . . . . 4
4.8 Downtown Business Improvement District . . . . . . . . . . . 4
5.0 PARKING AND COMMON AREAS . . . . . . . . . . . . . . . . . . . . . 4
5.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . 4
5.2 Maintenance of Common Areas . . . . . . . . . . . . . . . 5
6.0 ALTERATIONS AND REPAIRS . . . . . . . . . . . . . . . . . . . . . . 5
6.1 Alterations and Fixtures . . . . . . . . . . . . . . . . . . 5
6.2 Maintenance and Repair . . . . . . . . . . . . . . . . . . . 5
6.3 Free From Liens . . . . . . . . . . . . . . . . . . . . . . . 5
6.4 Reservation of Right to Modify Property . . . . . . . . . . . 6
7.0 INSURANCE AND INDEMNIFICATION . . . . . . . . . . . . . . . 6
7.1 Insurance Provided by Landlord . . . . . . . . . . . . . . . 6
7.2 Insurance Provided by Tenant . . . . . . . . . . . . . . . . 6
7.3 Indemnification of Landlord . . . . . . . . . . . . . . . . . 7
8.0 ABANDONMENT AND SURRENDER . . . . . . . . . . . . . . . . . . . . . 8
8.1 Abandonment . . . . . . . . . . . . . . . . . . . . . . . . 8
8.2 Surrender of Lease . . . . . . . . . . . . . . . . . . . . . 8
9.0 DAMAGE AND DESTRUCTION OF PREMISES . . . . . . . . . . . . . . . . 8
10.0 ASSIGNMENT AND SUBLETTING. . . . . . . . . . . . . . . . . . . . . 8
11.0 DEFAULT AND REMEDIES . . . . . . . . . . . . . . . . . . . . . . . 8
11.1 Default by Tenant . . . . . . . . . . . . . . . . . . . . . . 8
11.2 No Waiver . . . . . . . . . . . . . . . . . . . . . . 9
11.3 Landlord's Default . . . . . . . . . . . . . . . . . . . . . 9
12.0 CONDEMNATION . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13.0 MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . 10
13.1 Entry and Inspection . . . . . . . . . . . . . . . . . . . . 10
13.2 Jurisdiction and Venue . . . . . . . . . . . . . . . . . . . 10
13.3 Partial Invalidity . . . . . . . . . . . . . . . . . . . . . 10
13.4 Successors in Interest . . . . . . . . . . . . . . . . . . . 10
13.5 No Oral Agreements . . . . . . . . . . . . . . . . . . . . . 10
13.6 Authority . . . . . . . . . . . . . . . . . . . . . . . . 10
13.7 Relationship of Parties . . . . . . . . . . . . . . . . . . . 11
13.8 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . 11
13.9 Notices . . . . . . . . . . . . 11
13.10 Waiver . . . . . . . . . . . . . . . . . . it
13.11 Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Exhibit "A" - Legal Description of the Property
Exhibit "B" - Plot Plan of the Property Showing Location
of Demised Premises
Exhibit "C" - Intentionally Deleted
Exhibit "D" - Rules and Regulations
FS2\276\099999-3000\2009932. 08/15/96ii-
RUG. 5. 1997 2:52PM P 1
1=P CAN INSURANCE� . ,
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PRODUOEA fTHIS CERTIFICATE IS ISSUED A8 A MATTER OF INFORMATION ONLY AND CONFERS
RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
VULCAN EXCESS AND SURPLUS TEND ORALTER THE COVEITAGEAFFORDED BY THE POLICIES BELOW
P.O. Box , 58
CACOMPANIES AFFORDING COVERAGE
Riverside, CA 92516-2158 Phone (909) 784-0661 MPANYALicense #0724092 TTER S�OTTSD�LE.__IlY5Ut2&NCE_C�,.
..._ .. . _— -. COMPANY —
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LETTER C
P. 0. BOA 2813 COMPANY D U
PALM SPRINGS CA 92263 LETTER
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THIS IS TO CERTIFY THAT THE POLICIES OFINSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR ITH. Y—"i Ili lir
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EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED ON PAID CLAIMS,
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ULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
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401 S. PAV I LL I ON WAY A nEB RE sB RAnrE
PALM SPRINGS CA 92262` �
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