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HomeMy WebLinkAboutA3137 - BIA INDIAN AFFAIRS AGUA CALIENTE RICHARD MILANOVICH 777 E. ALEJO AD 157 SEC 14 LEASE 0 00; RECORDING REQUESTED BY, AND ) U U N 4� WHEN RECORDED, RETURN TO: cc © cc N rO op a ., o N CITY OF PALM SPRINGS ) UJ a a 3200 Tahquitz-McCallum Way P.O. Box 2743 Palm Springs, CA ul X Attn: Contracts Administator ) [Pursuant to Government Code S 6103, the City is exempt from paying recordation fees] Richard Milanovich - Assigmmnt & Consent re A.D. 157 - 777 E Alejo - Secure payment ASSIGNIIANT AND CONSENT AGREEMENT CM signed 4-2-9 4-2-92 This Assignment Agreement effective as of April 2 1992 is made by and between RICHARD M. MILANOVICH of Palms Springs, California, here referred to as assignor, and the CITY OF PALM SPRINGS, a municipal corporation duly organized and existing under the laws of the State of California, with a place of business at 2300 East Tahquitz-McCallum Way, Palm Springs, County of Riverside, here referred to as assignee. SECTION ONE ASSIGNMENT OF LEASE A. For value received and the consideration set forth below in this agreement, assignor grants, transfers, and assigns to assignee, assignor's entire interest, as lessee, in a certain lease of real property legally described as follows: That portion of the Allottee No. PS-71A, located in Section 14, Township 4 South, Range 4 East, of the San Bernardino Meridian, more particularly described as follows: Block 99 of Section 14, Township 4 South, Range 4 East, San Bernardino Meridian, Riverside County, containing 2 . 66 acres more or less. B. The lease which is the subject of this assignment was entered into between assignor, as leasee, and ROSANNA S. HOLMES, lessor, is dated March 28, 1991, and by its terms is to continue in full force and effect until May 1, 2027. 1 �?61212 � A ' C. Assignor further grants, transfers, and assigns to assignee all of assignor's rights arising from such lease, including options and renewals, together with all rents, income, and profits for the use and occupation of the premises from all subleases of the above-described premises that may be executed in the future during the term of this assignment. SECTION TWO DEBT SECURED This assignment is made to secure the following: A. Payment of an assessment , and any reassessments thereof, in the original principal. sum of SEVENTY EIGHT THOUSAND FOUR HUNDRED FIFTY ONE AND 03/100 Dollars ($78,451. 03) made by assignee in connection with Assessment District No. 157 of the assignee and the assessment lien recorded on February 10, 1992 as document no. 046727 in the Office of the County Recorder for the County of Riverside, California, subsequently referred to as the assessment. B. Payment of all interest, premiums, penalties and other sums that may become due and payable to assignee under this assignment or under the assessment and lien. C. Assignor's performance and discharge of every obligation and agreement of assignor under this assignment. SECTION THREE ASSIGNOR'S WARRANTIES Assignor warrants: A. RICHARD M. MILANDVICH is the sole owner of the lease assigned by this instrument. insofar as it applies to the property covered by this assignment and of all the leasehold rights which the lease purports to create, with full right to convey the same. B. The lease is now unencumbered, valid, and in full force and effect in accordance with its terms. C. Lessee is not in default under any of the terms, conditions, or covenants of` the lease. D. There are no rental payments unpaid as of the effective date of this assignment. 2 249 1G :61212 SECTION FOUR ASSI'GNOR'S COVENANTS Assignor agrees: A. To observe and perform all obligations imposed on lessee under the lease hereby assigned and to indemnify assignee from any and all consequences of an failure to do so. B. Not to execute any other assignment of lessee's interest in the lease. C. Not to alter, extend, or modify the terms of the lease permitted by the terms of the lease without the prior, express, and written consent of assignee. D. Not to terminate, cancel, or surrender the lease, or to cause a termination or changing of the obligations of lessee. E. Not to agree or consent to any assignment of or subletting under the lease, whether or not in accordance with its terms, without the prior, express,, and written consent of assignee. F. In the event assignee so requests, to assign to assignee assignor's interest in any sublease of any part of the premises described in the lease made subsequent to the effective date of this assignment, and to execute and deliver to assignee such further assurances and assignments in the premises as assignee shall from time to time require. SECTION FIVE ASSIGNEE'S OPTION TO TAKE POSSESSION AND MANAGE PREMISES In the event of assignor's default under and pursuant to the lease, the assessment obligation, or this agreement, assignee may, at its option, without notice or regard to the adequacy of the security, personally or by its agents take possession of the above- described premises and hold, lease, and manage such premises on such terms and for such period of time as assignee deems proper and, with or without taking possession of the premises, make demand and sue for all rents, income, and profits of the premises, with power to make from time to time such alterations, repairs, and renovations as may seem proper to assignee, and to apply such rents, income, and profits to payment of all expenses of operating, managing, and maintaining the premises, and the principal, interest, and other indebtedness secured by the assessment together with costs and attorney's fees, in such priority as assignee in its sole discretion may determine. 3 2497IG 161212 SECTION SIX NO WAIVER The exercise or nonexercise by assignee of the options granted in Section Five of this agreement shall not be considered a waiver of any default by assignor under the assessment lien or under the lease or this assignment. SECTION SEVEN ASSIGNEE LIABILITY A. Assignee shall not be liable for any loss sustained by assignor resulting from assignee's failure to let the premises or from any other act or omission of assignee in managing the premises, unless such loss is caused by the willful misconduct or bad faith of assignee. 113ECTION EIGHT WASTE This assignment shall not make assignee responsible for any waste committed on the property by the tenants or any other parties, or for any dangerous or defective condition of the premises, or for any negligence in the management, repair, or control of the premises. SECTION NINE EVIDENCE OF UNPAID INDEBTEDNESS Upon payment in full of the principal, interest, and all other indebtedness secured by this assignment or other instruments referred to in this agreement, this assignment shall cease, but the affidavit or statement of assignee or any agent, officer, or attorney of assignee showing any part of the principal, interest, other indebtedness remaining shall constitute conclusive evidence of the effectiveness and force of this assignment, and any person is hereby authorized to rely on such affidavit or statement. SECTION TEN REMEDIES OF ASSIGNEE NOT EXCLUSIVE Nothing contained in this assignment, nor any act done or omitted by assignee pursuant to the terms of this assignment, shall be deemed a waiver by assignee of any of the rights or remedies under the Municipal Improvement Act of 1913, the Improvement Bond Act of 1915, or any other provisions of law and this assignment is executed without prejudice to any rights or remedies possessed by 4 249 ?G *1 1212 assignee under the terms of any other instruments referred to in this assignment. The right of assignee to collect the secured principal, interest, and other indebtedness, and to enforce any other security may be exercised by assignee prior or subsequent to any action taken under this assignment. SECTION TWELVE EFFECT OF ASSIGNMENT This assignment, together with the agreements, covenants, and warranties contained in this assignment, shall inure to the benefit of assignee and shall be binding upon assignor and any successor in interest to the assignor. SECTION THIRTEEN GOVERNING LAW It is agreed that this assignment shall be governed by, construed, and enforced in accordance with the laws of the State of California. SECTION FOURTEEN ATTORNEY FEES In the event that any action is filed in relation to this assignment, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorneys' fees. SECTION FIFTEEN EFFECT OF PARTIAL INVALIDITY The invalidity of any portion of this assignment will not and shall not be deemed to affect to validity of any other provision. In the event that any provision of this assignment is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. SECTION SIXTEEN ENTIRE AGREEMENT This assignment shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this assignment shall not be binding 5 61252 -upon either party except to the extent incorporated in this agreement. SECTION SEVENTEEN MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in connection with this assignment shall be binding only if placed in writing and signed by each party or an authorized representative of each party. SECTION EIGHTEEN ASSIGNMENT OF RIGHTS The rights of each party under this agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. SECTION NINETEEN PARAGRAPH HEADINGS The title to the paragraphs of this agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this agreement. IN WITNESS WHEREOF, each party to this agreement has caused it to be executed as of the date first written. ASSIGNOR RICHARD M. MILANOVICH ASSIGNEE C OF PA PRINGS G By 6 249'71G G121Z C019SENT OF LESSOR The undersigned, lessor of the property leased pursuant to the lease described and assigned in the foregoing assignment, hereby consents to the assignment and agrees to not permit the termination, cancellation or surrender of the lease until full payment has been made of the assessment secured by the assignment.VA _ DATED• -1 1,11, ROSANNA S. HOLMES APPROVAL r< The foregoing assignment of Lease No. PSL-5-00543 , as amended, in favor of the City of Palm Springs, consisting of seven pages is hereby approved. UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR G q BUREAU OF INDIAN AFFAIRS DATED. ACTING DIRECTO PALM SPRINGS FIELD OFFICE BUREAU OF INDIAN AFFAIRS ' Pursuant to the authority delegated STATE OF CALIFORNIA ) by 209 DM 8, 230 DM 3, and ss. Sacramento Area Office Redelegation COUNTY OF RIVERSIDE ) Order No. 1 (43 F. R. 30131) On this 25th day of March , 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared RICHARD M. MILANOVICH, proved to me on the basis of satisfactory evidence to the the person that executed this instrument, and acknowledged to me that he executed this instrument. WITNESS my hand and official seal. OFFICIAL SrAL Notary Public in and for the F�l ELSIEM. PARE State of California NOTARY PUBUO-CAtIFORNOA 04FrAMSIDE COUNTY 17: 7 STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) On this / day of 1992, before me, the undersigned, a otary Pub'�Ic 'n and for said State, personally appeared ,4 e , proved to me on the basis of satisfactory� evideng to the person that executed this instrument as of the City of Palm Springs, and acknowledged to m 'that he the within instrument on behalf of said City having been duly authorized to do so. WITNESS my hand and official seal.. =;%- '• OFryCiAL NOTARY SEAL i J a ELA NE L SC RwaRrz Nof •ary Pub 1 in and the Notary Public—California RIVERSIDE Cot ) State of California My Comm.Expires FEN 03J995 STATE OF CALIFORNIA ) COUNTY OF `/ We(-S + d ) On Mk Xs before me 9 L° I ( . OS LEF K Personally appeared S� Sk/wec I c� , personally known to me (or proved to me on the bag-is o satisfactory evidence) to be j the person(s-r whose namely)— is/are- subscribed to the within f` instrument and acknowledged to me that he/she/they executed the same in h-is`/her/theair authrrized capacityCjes-)-, and that by j h•,i.sfiher/j lhe2'r signature Gs-y on the instrument the persons)', or the entity upon behalf of which the pers acted, executed the instrument. WITNESS my hand and official seal. slgnatllr2�",/ ���En � �iJ, ..� J��-� i7 Ili 'U �V !/ l / ;GfYfJJ (Seal) ,ram . \ 8 UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs P.O. Box 2245 Palm Springs, CA 92263 LEASE NO. 5-00543 ALLOTTEE NO. 83 AMENDMENT #1 TO RESIDENTIAL LEASE This Amendment #1 to Residential Lease No. 5-00543 is entered into this 3rd _day Of April 1992. WHEREAS, the Acting Director, Palm Springs Field Office, Bureau of Indian Affairs approved a Residential Lease, No. 5-00543, entered into on March 28, 1991 , by and between Rosanna S. Holmes (Lessor) and Richard M. Milanovich (Lessee) covering the following described lands in the City of Palm Springs, County of Riverside, State of California: That portion of the Allottee No. PS-71A, located in Section 14, Township 4 South, Range 4 East, of the San Bernardino Meridian, more particularly described as follows: Block 99 of Section 14, Township 4 South, Range 4 East, San Bernardino Meridian, Riverside County, containing 2.66 acres more or less. WHEREAS, the parties desire to amend the Residential Lease in the manner specified herein; NOW, THEREFORE, in consideration for the mutual benefits to the Lessor and Lessee contained herein; ARTICLE 3 set forth on page 3 of Residential Lease number No. 5-00543 is hereby amended to read as follows : The term of this lease shall commence on the date this lease is approved by the Secretary, which date shall be the anniversary date of this lease, and shall end on May 1 , 2027; provided, however, this lease shall end without further notice if and when the assessment by the City of Palm Springs assessed against the interest created by this lease in proceedings for Assessment District No. 157 is fully paid and satisfied. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. LESSOR �1' Date :— Rosanna Saubel Holmes STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On this 3rd (Jay of April 1992 before me, the undersigned Notary Public, personally appeared Rosanna Saubel Holmes personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that she executed it. OFFICIAL SEAL WITNESS m hand and official seal ELSBUC-CARR y B NOTARY weuC•CALJFORNw RMAMMOE COUNTY M/'Cww EMY�Apt Y2,1992 Notary Public in and for said County and State LESSEE � y — ------------- RICHARD M. MILANOVICH 2 16121Z STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On this 2nd day of April 1992 before me, the undersigned Notary Public, personally appeared Richard M. Milanovich personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he executed it. WITNESS my hand official seal. `"orricia _ E6IE M. PARR NOTARV PUBLIC-CALIFORNIA RIVERSIDE COUNTY Ce DOW APA 22,1992 Notary Public in and for said County and State APPROVAL OF AMENDMENT #1 TO RESIDENTIAL LEASE The within AMENDMENT #1 TO RESIDENTIAL LEASE NO. 5-00543 between Rosanna Saubel Holmes, as Lessor, and Richard M. Milanovich, as Lessee, consisting of pages 1 through 3, is hereby approved. d Date: Director Pursuant to the Authority Delegated by 209 DM 8, 230 DM 3 and Sacramento Area Office Redeiegation Order No. 1 (43 F.R. 30131) 3 1r 61?21 LESSEE:Richard M. Milanovich _ LEASE NO.:5-00543 LESSOR:PS-83 Rosanna S. Holmes TABLE OF CONTENTS Article nTL.E Page 1 LAND DESCRIPTION 2 2 DEFINITIONS 3 3 TERM 3 4 PURPOSE OF LEASE 3 5 RENTAL 3 — 6 ASSIGNMENT 3 7 TERMINATION 4 8 LIENS, TAXES, UT UTIES 4 9 UNLAWFUL USE 4 10 LEASEHOLD ENCUMBRANCE 4 11 PAYMENT AND NOTICES 5 12 EMINENT DOMAIN 5 13 LEASE BINDING 6 14 VALIDITY 6 15 TERMINATION OF FEDERAL TRUST 6 16 ARBITRATION 6 17 AGREEMENTS FOR UTILITY LINES AND STREETS 7 18 TAX IIVIMUNITY 7 19 DEFAULT 7,8 — 20. FORECLOSURE 9 UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs P.O. Box 2245 Palm Springs, CA 92263 Lease No. 5-00543 Allot. No. 83 Approved: March 28, 1991 RESIDENTIAL LEASE THIS LEASE,handsigned and notarized in quadruplicate,is made and entered into this 28th day of March , 19 91, duly identified below as "Lessor" and"Lessee": Rosanna S. Holmes (Lessor) Richard M. Milanovich (Lessee) 461 Desert Willow Circle 224 Crestview Drive Palm Springs, CA 92262 Palm Springs, CA 92262 under the provisions of the Act of August 9, 1955, as amended, 25 U.S.C. 415, as implemented by Part 162 - Leasing and Permittting-of the Code of Federal Regulations,Title 25 - Indians, and any amendment thereto relative to Business Leases on restricted Indian lands which by reference are made a part hereof. ARTICLE 1 LAND DESCRIPTION. For and in consideration of the,covenants, and agreements hereinafter set out, the Lessor hereby leases to lessee the following described premises: That portion of the Allottee No. PS-71A, located in Section 14 , Township 4 South, Range A East, of the San Bernardino Meridian, more particularly described as follows: Block 99 of Section 14, Township 4 South„ Range 4 East, San Bernardino Meridian, Riverside County, containing 2.66 acres more or less. -2- . ARTICLE 2 • $ DEFINITIONS A. "Secretary" means the Secretary of the Interior or his authorized representative B. "Approved encumbrance"herein shall mean an encumbrance and any addition or extension thereto approved by the Secretary. "Encumbrancer" herein shall mean the owner and holder of an approved encumbrance. ARTICLE 3 TERM The term of this lease shall be Ten (10)years, with a ten (10) year renewal option, beginning on the date this lease is approved by the Secretary, which date shall be the anniversary date of this lease. ARTICLE 4 PURPOSE OF THIS LEASE The object of this Lease is to enable the Lessee to construct,improve and/or maintain a dwelling and related structures on the premises, and otherwise to use or occupy said premises for residential purposes. ARTICLE 5 RENTAL The lessee, in consideration of the foregoing agrees, as rental for the land and premises, to pay a guaranteed minimum annual rental of One Dollar($1.00). Other considerations: To pay cost of street improvements where necessary, or as required by special assessments. ARTICLE 6 ASSIGNMENT Unless otherwise provided herein, an assignment or amendments of this lease may be made only with the approval of the Secretary and the written consent of the Lessor and Lessee. It is understood that the possessory interest is subject to an assessment for benefits derived from the proposed Assessment District Number 157 and that the lease may be assigned with the approval of the Secretary to the City to secure the payment of all assessment installments -3- 249718 • ARTICLE 7 5�2� :TERMINATION It is understood that this lease shall not be,terminated prior to the full discharge or payments of all assessment installments ARTICLE R LIENS. TAXES, LTTTLMES Lessee shall not permit to be enforced against the leased premises or any part thereof, any liens arising from any work performed,materials furnished or obligations incurred by Lessee, but Lessee shall discharge all such liens before any action is brought to enforce same; further, Lessee shall pay, when and as the same become due and payable, all taxes,assessments,licenses,fees and other like charges levied during the term of this lease upon or against the leased land and all interests therein and property thereon for which either the Lessee or Lessor may become liable. Upon written application, the Lessee shall furnish to the Secretary written evidence duly certified that any and all taxes required to be paid by Lessee have been paid,satisfied or otherwise discharged. Lessee shall have the right to contest any claim asserted tax or assessment against the property by posting bond to prevent enforcement of any lien resulting therefrom, and Lessee agrees to protect and hold harmless the Lessor,the Secretary and the leased premises and all interest therein and improvements thereon from any and all claims, taxes,assessments and like charges and any lien therefore or sale or other proceedings to enforce payment thereof, and all costs in connection therewith. Lessor shalt execute and file any appropriate documents with reference to real estate tax exemption of the land when requested by Lessee. In addition to the rents, taxes and other charges herein described,Lessee shall pay all charges for water, sewage, gas, electricity,telephone and other utility services supplied to said premise. Nothing in this lease shall require the Lessee to pay any franchise, estate,inheritance, succession, capital levy or transfer tax of the Lessor, or any income, excess profits tax, or any other tax assessment, charge or levy upon the rent payable by lessee under this lease. ARTICLE 9 JUrLA iL USE The Lessee agrees not to use or cause to be used any part of the leased premises for any unlawful conduct or purpose. :ARTICLE 10 LEASEHOLD ENCUMBRANCE This lease, or any right to or interest in this lease or any of the improvements on the leased premises may be encumbered with the written approval of the Secretary. No such encumbrance shall be valid without said approval. -4- MIM S An encumbrance must be sined to the leasehold interest of Lessee the subleasehold interest of a sublessee and shall not jeopardize in any way the Lessor's interest in the land. Lessee agrees to famish as requested any financial statements or analysis pertinent to the encumbrance that the Secretary may deem necessary to justify the amount,purpose and terms of said encumbraqce. In the event of default by the Lessee of the terms of an approved encumbrance, the encumbrancer may exercise any rights provided in such approved encumbrance,provided that before any sale of the leasehold, whether under power of sale of foreclosure,the encumbrancer shall give to the Secretary and Lessor notice of the same character and duration as is required to be given to Lessee by such encumbrance and/or the laws of the State of California. If any sale under the approved encumbrance occurs, whether by power of sale or foreclosure,the purchaser at such sale shall succeed to all of the rights, title and interest of the Lessee in the leasehold estate covered by said approved encumbrance. It is further agreed that if the purchaser at such sale is the encumbrancer,the encumbrancer may sell and assign the leasehold interest without any further consent,provided that the assignee shall agree in writing to be bound by all the terms and conditions of this lease. If the encumbrancer is the purchaser,it shall be required to perform this lease only so long as it retains title thereto. If a sale under the approved encumbrance occurs and the purchaser is a parry other than the encumbrancer, said purchaser, as successor in interest to the Lessee, shall be bound by all the terms and conditions of the lease. ARTICLE 11 PAYMENT AND NOTICES All notices,payments and demands shall be sent to the parties hereto at the addresses herein recited or to such addresses as the parties may hereafter designate in writing. Notices and demands shall be sent by registered mail. Service of any notice or demand shall be deemed complete 10 days after mailing or on the date actually received, whichever occurs first. Copies of all notices and demands shall be sent to the Secretary in care of the office of the Bureau of Indian Affairs hereinabove recited. ARTICLE 12 MMNEMT DOMAIN If, at any time during the term of this lease, the leased premise or any part thereof is taken or condemned under the laws of Eminent Domain, then and in every such case the leasehold estate and interest of the Lessee in such premise or part thereof taken shall forthwith cease and terminate. All compensation awarded by reason of the taking of leased land and any taking of or injury to the buildings or improvements located thereon shall be awarded to the Lessee and the Lessor as their interests appear at the time of such taking. The rental thereafter payable hereunder for the remainder of the term of this lease shall be reduced in the proportion that the value of the entire -5- premises is reduced by su g or condemnation. In the event ndemnation of the leased 249';'1 9or14 1282 premises or any part there , the compensation or award insofar onlras it is awarded for damages to the improvements on the leased property to the extent of the unpaid balance of any approved encumbrance shall be paid to the encumbrancer. As between Lessor and Lessee, such amount shall be deemed paid to Lessee and,if such amount exceeds the amount to which Lessee is�entitled under the other terms of this lease,Lessee shall pay such excess to Lessor. ARTICLE 13 ,EASE BINDING This lease and the covenants, conditions and restriction hereof shall extend to and be binding upon the successors, heirs, assigns,executors and administrators of the parties hereto. ARTICLE 14 VALIDITY This lease, and any modification of or amendment to this lease, shall not be valid or binding upon either party hereto until approved by the Secretary. ARTICLE 15 TERMINAT[ON OF FEDERAL TRUST Nothing contained in this lease shall operate to delay or prevent a termination of Federal oust responsibilities with respect to the land by issuance of a fee patent or otherwise during the term of the lease. However, such termination shall not serve to abrogate the lease. The owners of the land and the Lessee and his sureties shall be notified of any such change in the status of the land. ARTICLE 16 ARBITRATION Whenever during the term of this lease the Lessee, the Lessor and the Secretary are unable to reach an agreement as required by this lease and it becomes necessary to submit a matter to arbitration for settlement, an Arbitration Board shall be established. Said Arbitration Board shall consist of three persons, one member to be selected by the Lessee, one member to be selected by the Lessor, and the third to be selected by the other two members. The costs of such Arbitration Board shall be shared equally by the Lessee and the Lessor. It is further understood and agreed that the Secretary may be expected to accept any reasonable decisions reached by said Arbitration Board, but he cannot be legally bound by any decision which might be in conflict with the interest of the Indian or the United States Government. -6- ARTICLE 17 2419 A 1GJ AGREEMENTS FOR UTILITY LINES AND STREETS -6121Z, Lessee shall have the right to enter into agreements with public utility companies and the State of California or any of its political subdivisions to provide utility services,including gas, water, electricity, telephone, television and sewer, and to dedicate street rights-of-way necessary to the full enjoyment of the leased premises and the development thereof in accordance with the provisions of this lease. Upon entering into such an agreement or dedication,the Lessee shall furnish to the Secretary executed copies thereof,together with a plat or diagram showing the true location of the utility lines or streets to be constructed in accordance therewith. ARTICLE 18 1 AX D4MUNITY Nothing contained in this lease shall be deemed to constitute a waiver of applicable laws providing tax immunity to trust or restricted Indian property or any interest thereon. ARTICLE 19 DEFAULT Time is of the essence of this lease. A. In the event of default by Lessee in any of the covents or conditions of this lease,Lessee shall be given notice citing the defaults in the lease and allowing Lessee ten(10)days from receipt of said notice to show casue why this lease should not be cancelled. Lessor and the Secretary may grant an extension of time beyong said ten (10) days, at their discretion,if Lessee so requests. B. If Lessee fails to show cause to the satisfaction of Lessor and the Secretary why this lease should not be cancelled,the Secretary will proceeed as follows: If Lessee has defaulted in any payment of monies or fail to post bond, as required by the terms of this lease, and if such default shall continue uncured for the period of thirty (30) days after written notice thereof by the Secretary to Lessee, or if Lessee has breached any other covenant of this lease, and if the breach of such other covenant shall confine uncured for a period of sixty (60) days after written notice thereof by the Secretary to the Lessee, then the Secretary may either. (1) Proceed by suit or otherwise to enforce collection or to enforce any other provision of this lease; Or (2) Reenter the premises and remove all persons and property therefrom,excluding the persons and property therefrom, excluding the persons and property belonging to authorized subleases, and either: -7- ;�49"l1.0 (a) relet the premises without terminating this lease,as the agent and for the account of Lessee, but without prejudice to the right to terminate the lease thereafter, and without invalidating any right of Lessor and the Secretary or any obligation of Lessee hereunder. Terms and conditions of such reletting shall be at the discretion of Lessor and the;Secretary, who shall have the right to alter and repair the premises as they deem advisable,and to relet with or without any equipment or fixtures situated thereon. If a sufficient sum is not thus realized to liquidate the total amount due,including attorney's fees and real estate commission paid,Lessee shall pay to Lessor monthly, when due, any deficiency, and Lessor and the Secretary may sue thereafter as each monthly deficiency shall arise; OR (b) terminate this lease at any time even though Lessor and the Secretary have exercised rights as outlined in (1) and(2)above,in which case the Lessee shall quit and surrender the leased premises to Lessor but shall remain liable for any obligations not discharged by such termination. C. Any action taken or suffered by Lessee as a debtor under any insolvency or bankruptcy act shall constitute a breach of this lease. In such event the Lessor and the Secretary shall have the options set forth in Subarticle B(l) and(2) above. D. At least sixty(60)days prior to termination of this lease for default by the Lessee,the Lessor or the Secretary shall give notice in writing to the,encumbrancer,in the form of a copy of the first notice to Lessee following the ten-day notice expressing intention to terminate and briefly describing said default or breach. When the default or breach can be.cured by the payment or expenditure of money, this lease will not be temunated if the encumbrancer will promptly notify the Secretary of its intent to cure and, within thirty(30) days after receipt of said written notice to terminate,the encumbrancer shall cure the default or breach. Whenever the encumbrancer exercises any right on a default or breach. Whenever the encumbrancer exercises any right on a default situation,the encumbrancer shall be bound to comply with all of the obligations and conditions of the lease. When the default or breach cannot be cured by the payment or expenditure of money, this lease will not be terminated if the encumbrancer shall promptly notify the Secretary of its intent to foreclose and within the said thirty (30)day period initiate,and thereafter diligently pursue to completion,proceedings for foreclosure and sale under and pursuant to the terms of the encumbrance. However,during and until the completion of such foreclosure proceedings, the encumbrancer shall pay rents due and payable by the Lessee under this lease; shall pay all taxes due and unpaid on the taxable property covered by the lease; shall begin the cure of any other default or breach not curable by payment or expenditure of money which can reasonable be undertaken by the encumbrancer, and shall diligently prosecute the said cure of such default or breach until the leasehold is either sold upon foreclosure pursuant to the terms of the encumbrance or released or reconveyed thereunder. In case a default or breach on the part of die Lessee occurs preceding,during or due to the bankruptcy, receivership. or insolvency of the Lessee, and the encumbrancer,prior to the receipt of the notice of intent to terminate described herein or within forty-five(45) days after the receipt thereof, shall have filed in the court having jurisdiction over such bankruptcy,receivership or insolvency, a petition for permission to foreclose, the filing of such petition shall be deemed to be the beginning of foreclosure proceedings for the purposes of this paragraph. The bankruptcy,receivership, or insolvency of Lessee shall be considered a breach which cannot reasonably be cured by encumbracer and one not curable by the payment of money. -8- . 249716 161212 E. No waiver of a breach of any of the covenants of this lease shall be construed to be a waiver of any surxeeding Breach of the same or any other covenant. Nothing in this lease shall prohibit or prevent the Lessor from pursuing on his own behalf any remedy he may have under law for the breach of any 6 covenant of this lease. ARTICLE 20 FORECLOSURE It is understood that this lease is subject to foreclosure by the City of Palm Springs with the approval of the Secretary of Interior or his authorized representative,for collection of payment for special assessments proposed by assessment District Number 157; and that foreclosure by the City will not be an event of default allowing termination of either the lease or the leaseback. -9 2a9 a1.6 AFFIDAVIT OF LESSOR STATE OF CALIFORNIA ) SS COUNTY OF RIVERSIDE ) I, the undersigned, Rn¢anna Rn h-1 Anlmac e Lessor, /// of the within lease are fully understood by mr and that T signed the lease of mown free will. Signature of Lessor Subscribed and sworn to before me this_ 28th day of March 19.4L. OFFICIAL SEAL ' JOAN L. COON "yam NOTARY PUBLIC-CALIFORNIA - PRINCIPAL OFFICE IN Notary Pu n and for said County and State RIVERSIDE COUNTY My Commission Expires Dec. 9, 1994 249716 16VIZ ' AFFIDAVIT OF LESSEE STATE OF CALIFORNIA ) ss COUNTY OF Riverside ) I, Richard Milanovich ( Lessee of and //// L— //// ) of Leasing the land herein for my own use and benefit and not directly or indirectly for the benefit of any other person or corporation. Signature of Lessee STATE OF CALIFORNIA ) ss COUNTY OF Riversidq On, March 28 , 1991 before me, the undersigned,a Notary Public in and for said State, personally appeared Richard M. Mi.lanovich ( LPcgee ), of Lease 5-00543 and ) ofa known to me to be the person(s3 whose name(§) is subscribed to the within instrument and acknowledge that_ he executed the same. WITNESS my hand and seal. CIAL 9F AL ELSIE M. PARR WTAR ►uUuc•cuv MA RMNM LOAM Notary Public. UNTIED STATES -N 497 ±� DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS APPROVAL OF LEASE The within Lease No. PSL-5-00543, in favor of Richard M. Milanovich. Lessee, consisting of Ten (10) pages is hereby approved Date: 3 42 8 / 9/ • MMANT TO THE AULHORRY DELEGATED BY 201 DM t,230 OM 3,AND SAg AMMAREAWMEREDELEGATIDtI ORDER NO.1(43 M 30131) 249716 RECEIVED FOR RECORD AT 8:00 O'CLOCK == JUL - 71992 Rewr Fees S 1�i. rt�