HomeMy WebLinkAbout12/19/2001 - STAFF REPORTS (26) DATE: December 19, 2001
TO: Community Redevelopment Agency
FROM: Assistant City Manager-Administration
SUBJECT: LEASE AGREEMENT FOR COURTYARD SIGNAGE and SECOND
AMENDMENT TO THE THEATER LEASE AGREEMENT FOR THE
PLAZA THEATER
RECOMMENDATION:
That the Agency approve: 1) a lease agreement with John Wessman, Trustee of the
Wessman Family Trust, for three Plaza Theater sign locations in the Courtyard owned by
the Wessman Family Trust; and 2) a Second Amendment to the Theater Lease Agreement
for the Plaza Theater with the Partnership for the Performing Arts.
SUMMARY:
Approval of the Lease Agreement for the courtyard signage will provide for Plaza Theater
signage in the courtyard owned by the Wessman Family Trust. Approval of the Second
Amendment to the Plaza Theater Lease Agreement with the Partnership forthe Performing
Arts will sublease the three sites for signs to the Partnership for the Performing Arts.
BACKGROUND:
Over 13 years ago the Community Redevelopment Agency of the City of Palm Springs
entered into a Lease and Purchase Agreement with the Earl Strebe Family for the
acquisition of the Plaza Theater, the Plaza Theater courtyard, and the Louise's Pantry
building, located on the north side of the courtyard, as well as the Karen's Kornerbuilding
located on the south side of the courtyard (collectively, "the Theater Property").
Concurrently with the Agency's action to acquire the Theater Property in September 1998,
the Louise's Pantry site, the courtyard, and the Karen's Korner site were sold to John
Wessman, pursuant to pre-existing agreements. The Agency retained, for the benefit of the
Plaza Theater, a 10-foot wide easement through the courtyard for ingress and egress.
Subsequently,Wessman received permission to have outdoor dining on the northern portion
of the courtyard, north of the access to the theater, while retaining approximately four feet
south of the 10-foot access to the theater for his use in connection with the building on the
south.
Attraction boards for the Plaza Theater,therefore, have had to be relocated to accommodate
the ownership change of the courtyard. Previously, two attraction boards were located on
the street side of the courtyard, one on the northwest corner of the courtyard and the other
on the southwest corner of the courtyard, so people walking on the sidewalk could see the
attraction signs from either direction, whether walking southerly or northerly along the
sidewalk. The northerly sign conflicted with the outdoor dining program, and has been
removed, leaving an attraction board at the southwest corner of the courtyard which is visible
to people walking southerly.
Upon conclusion of negotiations about placement of the attraction boards and signs for the
benefit of the Plaza Theater, the following has resulted:
d"
Lease Agreement - Plaza Theater
December 19, 2001
Page 2
A. The original historical Plaza Theater sign located above Louise's Pantry in the area
of the northwest corner of the courtyard will remain, and the Community
Redevelopment Agency has received an easement from the Wessman Trust for its
continued location on that site.
B. The two attraction boards and the marquee will be located as follows: 1) the current
attraction board located on the southwest corner of the courtyard will remain; 2) the
marquee sign will continue to be located above and attached to the building on the
south side of the courtyard; and 3) the sign which has been removed from the
northwest corner of the courtyard will be relocated to the southeast area of the
courtyard. These three signs will then continue to be located in those areas, pursuant
to the attached Lease Agreement being proposed to the Agency.
The Lease Agreement provides for lease of those three locations for$1 per year. The lease
term will continue for as long as the Agency operates, or intends to operate the theater,
providing it is making a good faith effort in the recommencement of theater operations,should
they cease in the future. The term of the marquee sign located above the southern building,
will terminate at the conclusion of the Plaza Theaterlease term, and all extensions thereof
between the Agency and Partnership for the Performing Arts (The Follies) or upon
termination of the Lease between the Partnership for the Performing Arts (The Follies), and
Wessman for space within Plaza de las Flores,whichever occurs sooner, unless the Lease
is extended by the parties with respect to this marquee board in the future.
The Agency can thus make these three sign sites available to the Partnership for the
Performing Arts (The Follies), by a Second Amendment to the Theater Lease Agreement
between the Community Redevelopment Agency of the City of Palm Springs and the
Partnership for the Performing Arts for the Plaza Theater. The existing Plaza Theater lease
provides that it can be extended annually by the tenant through December 31, 2006,
Attached for Agency consideration are: 1) a Resolution approving the Lease Agreement
regarding the courtyard signage between John Wessman, Trustee of the Wessman Family
Trust, dated November 16, 1998, and the Community Redevelopment Agency of the City of
Palm Springs; and 2) Second Amendment to the Theater Lease Agreement between the
Partnership for the Performing Arts and the Community Redevelopment Agency of the City
of Palm Springs.
Dallas J. Flicek, Assistant City Manager-Administration
APPROVED ��City Manager
Attachments:
1. Proposed Lease Agreement for Sign Sites
2. Proposed Second Amendment to the Theater Lease Agreement
3. Proposed Resolution approving Lease Agreement for the Courtyard Signage
and the Second Amendment to the Theater Lease Agreement �1
664 1* A
LEASE AGREEMENT
(COURTYARD SIGNAGE)
This LEASE AGREEMENT ("Lease") is made and entered into this day of
2001 (`Effective Date"), by and between JOHN WESSMAN, TRUSTEE
OF THE WESSMAN FAMILY TRUST, DATED NOVEMBER 16, 1998, a California
corporation ("Lessor"), and the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS, a public body, corporate and politic ("Lessee").
RECITALS
A. Lessor is the owner of that certain real property commonly known as the
Courtyard located at Palm Springs, California, including all improvements thereon existing as of
the Lease Commencement Date. The Lessee wishes to lease three areas for signage in the
Courtyard, which three parcels (Parcels 1, 2, and 3) are legally described in Exhibit "A" attached
hereto (the"Site" - which includes all three parcels) and are illustrated in Exhibit`B."
B. The Lessor wishes to make the Site available to Lessee and Lessee wishes to use
such Site under the terms of this Lease to provide adequate signage to support the Plaza Theatre
operations.
AGREEMENT
1.0 LEASE.
Lessor hereby leases and demises to Lessee and Lessee hereby hires from Lessor, for the
term and upon the conditions set forth herein, the Site, as legally described in Exhibit "A."
Further, Lessor hereby grants to Lessee an irrevocable non-exclusive license during the term of
this Lease for ingress and egress, to and from the Site locations seven (7) days a week, twenty-
four(24)hours a day.
2.0 LEASE TERM.
2.1 Lease Commencement Date. The Lease Commencement Date shall mean the
date this Lease is executed by Lessee.
2.2 Lease Term. The Lease Term shall mean the period commencing upon the Lease
Commencement Date and continuing for the period that Lessee provides or intends to provide for
the operation of the theater. It is agreed that in the event operation of the theater is temporarily
interrupted or discontinued, this lease shall continue so long as Lessee in good faith is attempting
to cause the recommencement of theater operations, provided that Lessee shall give Lessor
notice as soon as possible of Lessee's decision to permanently cease theater operations.
Notwithstanding the foregoing, with respect to Parcel 3 only, the lease term for Parcel 3 shall
terminate at the conclusion of the lease term and all extensions thereto for the Plaza Theatre
between Lessee and Partnership for the Performing Arts, LP, or upon term�ation of the lease
IRV @ 15886 vI
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between Lessor and Partnership for the Performing Arts, LP for space within Plaza de las Flores,
whichever occurs sooner, unless this lease is extended by the parties hereto with respect to Parcel
3.
2.3 Delivery of Possession. Lessor shall tender delivery of possession of the Site to
Lessee within five (5) business days following the Lease Commencement Date.
3.0 RENT.
Lessee shall pay to Lessor for the lease of the Site the sum of one dollar ($1.00) per year
("Annual Rent"), which sum shall be paid in advance on the Lease Commencement Date and
each anniversary thereafter.
4.0 USE OF SITE.
4.1 Use of the Site. Lessee shall use the Site solely for the purpose of constructing,
erecting and maintaining three signs as described in Exhibit `B" attached hereto and
incorporated herein by this reference.
4.2 Compliance with Law. Lessee agrees that all operations and activities by or
under Lessee on the Site shall be conducted in compliance with all applicable statutes,
ordinances, orders, laws, rules and regulations, and the requirements of all federal, state and
municipal governments and appropriate departments, commissions, boards and offices thereof,
which may be applicable to the Site or to the use or manner of use of the Site.
5.0 ALTERATIONS, MAINTENANCE AND REPAIRS.
5.1 By Lessee. The Lessee agrees, at its expense, to maintain all of the signs in good
condition and repair, with the exception that if a sign is damaged by action of Lessor's agent,
employee or invitee then Lessor shall contribute to the cost of repair.
5.2 Alterations. In the event that either prior to or during the Lease Term any
alteration, addition, or change or otherwise to the Site, or any portion thereof, is required by law
or regulation or rule, the same shall be made by Lessee, at Lessee's sole cost and expense.
Subject to obtaining all requisite governmental permits and authorizations, Lessee shall have the
right to make non-structural alterations to the signs constructed by Lessee upon the Site.
6.0 INSURANCE AND INDEMNITY.
6.1 Insurance Provided by Lessor. Lessor shall maintain fire and extended
coverage insurance throughout the term of this Lease. Lessee understands that Lessor's
coverages hereunder do not include Lessee's furniture, fixtures or merchandise. Lessee hereby
waives any right of recovery from Lessor, its officers and employees, and Lessor hereby waives
any right of loss or damage (including consequential loss) resulting from any of the perils
insured against as a result of said insurance.
6.2 Indemnification of Parties. The parties agree to indemnify each other, their
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,
[RV 915886 vl -2-
do" Or-y
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 each other, their agents, employees,
subcontractors, or invitees, provided for herein, or arising from the use of the Site and the
courtyard area by either party or their employees and customers, or arising from the failure of
Lessee to keep the Site in good condition and repair, as herein provided, or arising from the
negligent acts or omissions of either party hereunder, or arising from either party'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 other party, its
officers, agents or employees but excluding such claims or liabilities arising from the sole
negligence or willful misconduct of the other party, its officers, agents or employees, who are
directly responsible to the other party, and in connection therewith:
7.0 TAXES.
7.1 Personal Property Taxes. Lessee agrees to pay, prior to delinquency, all taxes
levied upon personal property, if any, including trade fixtures, and inventory, not owned by
Lessor and kept on or about the Site by or under Lessee.
7.2 Real Property Taxes. Lessor agrees to pay all real property taxes (including any
possessory interest taxes and special and ad valorem taxes) and assessments levied or assessed
upon the Site.
8.0 CASUALTY DAMAGE.
In the event the whole or any part of the sign improvements at the Site shall be damaged
or destroyed by any casualty other than those for which the Lessor shall insure pursuant to
Section 6.1, at any time during the Lease Term, Lessee shall have the right at its discretion to
repair, restore and rebuild such improvements on the same plan and design as existed
immediately prior to such damage or destruction and to the same condition that existed
immediately prior to such damage. Lessee may cancel this Lease by giving written notice of its
election to do so to Lessor within sixty (60) days after Lessee receives notice or acquires
knowledge of such damage or destruction meeting described above.
9.0 ASSIGNMENT AND SUBLETTING.
Lessor is in agreement that Lessee may sublease the Site to the Partnership for the
Performing Art, LP and/or subsequent theater operators.
10.0 DEFAULT; TERMINATION.
Either party may terminate this Lease upon a default by the other party. A party shall be
in default under this Lease if that party fails to perform obligations required of it within a
reasonable time, but in no event later than thirty (30) days after written notice from the other
party, specifying wherein the nonperforming party has failed to perform such obligations;
provided, however, that if the nature of the nonperforming party's obligation is such that more
than thirty (30) days are required for performance then the nonperforming party shall not be in
IRV#15886 v1 -3-
default if it commences performance within such thirty (30) day period and thereafter diligently
prosecutes the same to completion.
11.0 QUIET ENJOYMENT.
Lessor hereby warrants, represents and covenants that, Lessee may peaceably and quietly
have, hold, occupy and enjoy the Site and all of the appurtenances thereto without hindrance or
molestation from Lessor or those lawfully claiming an interest in or to the Site through or under
Lessor.
12.0 MISCELLANEOUS.
12.1 Condemnation. In the event a condemnation or a transfer in lieu thereof results
in a taking of any portion of the Site, Lessor 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 Site, Lessee may,
upon written notice given within thirty (30) days after such taking or transfer in lieu thereof,
terminate this Lease.
12.2 Surrender at End of Term. Any improvements built, constructed, or placed
upon the Site by or under Lessee, other than Lessee's trade fixtures, equipment and personal
property, shall remain on the Site and become the absolute property of Lessor without any cost to
Lessor upon the termination of this Lease, whether by lapse of time or by forfeiture by reason of
default provided that Lessee shall have the right to remove its trade fixtures, removable tenant
improvements, equipment and personal property on or before expiration or earlier termination of
this Lease, provided that Lessee repairs any damage occasioned by such removal.
12.3 Force Majeure. If either parry is delayed, prevented or hindered from the
performance of any covenant or condition of this Lease because of acts of the other party, Acts
of God, adverse weather conditions not reasonably anticipated, war, invasion, insurrection, acts
of a public enemy, riot, mob violence, civil commotion, sabotage, labor disputes, inability to
procure or general shortage of labor, materials, facilities, equipment or supplies on the open
market, unusual delay in transportation, laws, rules, regulations or orders of governmental or
military authorities, or any other cause beyond the reasonable control of the parties so obligated,
whether similar or dissimilar to the foregoing, financial inability excepted, such performance
shall be excused for the period of the delay, and the period for such performance shall be
extended for a period equivalent to the period of such delay.
12.4 Waiver. No written waiver of any breach of any of the terms, covenants,
agreements, restrictions or conditions of this Lease shall be construed as a waiver of any
succeeding breach of the same or other covenants, agreements, restrictions and conditions
hereof. Lessor's acceptance of any sum payable by Lessee to Lessor under this Lease while
Lessee is in default under the terms of this Lease shall not constitute a waiver by Lessor of such
default, other than a default by Lessee in payment of the sum so accepted by Lessor. Lessee
shall not rely on any oral waiver and shall not rely on any course of conduct as a waiver of any
provision of this Lease. Lessee may rely only on specific waivers confirmed in writing.
12.5 Notices. Whenever in this Lease it shall be required or permitted that notice or
demand be given or served by either party to this Lease to or on the other, such notice or demand
IAV 415886 vI
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shall be given or served and shall not be deemed to have been duly given or served unless said
notice is in writing and is either personally served (including service by overnight courier) upon
the person for whom intended or mailed, by registered or certified mail, with postage prepaid,
addressed to the party for whom intended at the address that follows:
Lessor: Wessman Family Trust
c/o Wessman Development
1555 South Palm Canyon Drive, Suite G106
Palm Springs, CA 92264
Attn: John Wessman, Trustee
Lessee: Community Redevelopment Agency
of the City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: David H. Ready, Executive Director
With a Copy to: David J. Aleshire, Esq.
Burke, Williams & Sorensen, LLP
18301 Von Karman Avenue, Suite 1050
Irvine, CA 92612
Either Lessor or Lessee may change such address by notifying the other parry in writing
as to such new address as Lessee or Lessor may desire used and which new address shall
continue as the address until further written notice. If any notice or demand is sent by mail as
aforesaid, the same shall be deemed served or delivered three (3) days after the mailing thereof
in the manner provided above. If any notice or demand is sent by overnight courier as aforesaid,
the same shall be deemed served or delivered twenty-four (24) hours after deposit of the same
with an overnight courier for delivery to the parry to whom intended at the address provided
above for such party pursuant to this Section.
12.6 No Oral Agreements. This (i) Lease covers in full each and every agreement of
every kind or nature whatsoever between the parties hereto concerning this Lease, (ii) supersedes
any and all previous obligations, agreements and understandings, if any, between the parties, oral
or written, and (iii) merges all preliminary negotiations and agreements of whatsoever kind or
nature herein. Lessee acknowledges that no representations or warranties of any kind or nature
not specifically set forth herein have been made by Lessor or its agents or representatives.
12.7 Inurement. Each of the covenants, conditions and agreements herein contained
shall inure to the benefit of and shall apply to and be binding upon the parties hereto and their
respective heirs, legatees, devisees, executors, administrators, successors, assigns, sublessees or
any person who may come into possession of said Site or any part thereof in any manner
whatsoever. Nothing in this Section shall in any way alter the provisions against assignment or
subletting hereinabove provided.
12.8 Assignment by Lessor. In the event Lessor shall transfer or convey or be
divested of its fee estate in and to the Site, and as a part of said transaction shall transfer, convey,
IRV 815886 v1
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assign or be divested of its interest as Lessor in and to this Lease, then from and after the
effective date of said assignment, transfer, conveyance, divestiture or reverter and assumption of
this Lease by the transferee, Lessor shall have no further liability, except for liabilities which
shall have accrued and be unsatisfied as of such date, for all of which liabilities Lessor shall
continue to be obligated notwithstanding any such assignment, transfer, conveyance, divestiture
or reverter.
12.9 Severability. If any term, covenant or condition of this Lease or the application
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Lease, or the application of such term, covenant or condition to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected thereby and each term, covenant or condition of this Lease shall be valid and be in force
to the fullest extent permitted by law.
12.10 Authority of Lessor. Each individual executing this Lease on behalf of Lessor
represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of
Lessor and that this Lease is binding upon Lessor.
12.11 Lessee's Officers and Employees.
12.11.1 Non-liability of Officers and Employees. No officer, official,
agent, contractor, or employee of Lessee shall be personally liable to Lessor, or any
successor in interest, in the event of any default or breach by Lessor or for any amount
which may become due to Lessor or to its successor, or for breach of any obligation of
the terms of this Lease.
12.11.2 Conflict of Interest. No officer or employee of Lessee shall have
any financial interest, direct or indirect, in this Lease nor shall any such officer or
employee participate in any decision relating to this Lease which affects the financial
interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any state statute or regulation.
12.12 Non-Discrimination. There shall be no discrimination against or segregation of
any person or group of persons on account of race, color creed, religion, sex, marital status,
handicap, age, ancestry or national original in the leasing, subleasing, transferring, use,
occupancy, tenure or enjoyment of the Site herein leased nor shall the Lessee 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 lessees, sublessees, subtenants or vendees of the Site herein leased.
12.13 Real Estate Broker. Lessee and Lessor each represent and warrant to the other
that it has not dealt with any real estate broker and knows of no real estate broker, agent, or
finder that may claim a commission in connection with this Lease, Lessee and Lessor shall each
indemnify, defend, and hold the other harmless from and against any claim for any broker's or
finder's fee arising out of the acts or omissions of the indemnifying party.
[End - Signature Page and Exhibits Follow]
IRV 915886 v 1 _6_
IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease Agreement to be executed
and to be effective as of day and year first hereinabove written.
"LESSOR"
JOHN WESSMAN, TRUSTEE OF THE
WESSMAN FAMILY TRUST, DATED
NOVEMBER 16, 1998
ESSEE"
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS
Executive Director
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
Agency Attorney
[End of Signatures]
IRV 415896 v 1 _7_
0D)9 ��
EXHIBIT "A"
ATTRACTION BOARD PARCEL 1
ALL THAT PORTION OF BLOCK 27 AS SHOWN ON THE MAP OF PALM SPRINGS TOWN
SITE, RECORDED IN BOOK9, PAGE432, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING ATTHE SOUTHWESTCORNER OF PARCEL3AS DESCRIBED IN GRANT DEED
TO JOHN WESSMAN RECORDED OCTOBER 28, 1998, AS INSTRUMENT NO. 465160 IN
OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA;
THENCE NORTH 89'52'00"EAST,ALONG THE SOUTH LINE OF SAID PARCEL 3,A DISTANCE
OF 6.92 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH LINE, NORTH 89'52'00" EAST, A DISTANCE OF
1.50 FEET;
THENCE NORTH 59'29'40" EAST, A DISTANCE OF 3.09 FEET;
THENCE NORTH 00'08'00"WEST, PARALLEL WITH THE WEST LINE OF SAID PARCEL 3, A
DISTANCE OF 1.21 FEET;
THENCE SOUTH 59'29'40" WEST, A DISTANCE OF 4.83 FEET;
THENCE SOUTH 00'08'00" EAST, PARALLEL WITH SAID WEST LINE, A DISTANCE OF 0.33
FEET TO THE TRUE POINT OF BEGINNING.
COMPRISING 4 SQUARE FEET MORE OR LESS.
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�.`r�:�'.,�C��L•l� it
Pg. 1 of 2
EXHIBIT "A"
ATTRACTION BOARD PARCEL 2
ALL THAT PORTION OF BLOCK 27 AS SHOWN ON THE MAP OF PALM SPRINGS TOWN
SITE, RECORDED IN BOOK9, PAGE432, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNINGATTHE SOUTHWEST CORNER OF PARCEL 3 AS DESCRIBED IN GRANT DEED
TO JOHN WESSMAN RECORDED OCTOBER 28, 1998, AS INSTRUMENT NO. 465160 IN
OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA;
THENCE NORTH 89'52'00"EAST,ALONG THE SOUTH LINE OF SAID PARCEL 3,A DISTANCE
OF 46.42 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 59'29'40" EAST, A DISTANCE OF 2,00 FEET;
THENCE SOUTH 30'30'20" EAST, A DISTANCE OF 1.50 FEET;
THENCE SOUTH 59'29'40" WEST, A DISTANCE OF 4.00 FEET;
THENCE NORTH 30'30'20" WEST, A DISTANCE OF 1.50 FEET;
THENCE NORTH 59'29'40" EAST, A DISTANCE OF 2.00 FEET TO THE TRUE POINT OF
BEGINNING.
COMPRISING 6 SQUARE FEET MORE OR LESS.
Pg. 2 of 2
jeq or•!/
EXHIBIT "A"
ATTRACTION BOARD PARCEL 3
ALL THAT PORTION OF BLOCK 27 AS SHOWN ON THE MAP OF PALM SPRINGS TOWN
SITE, RECORDED IN BOOKS, PAGE 432, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 3 AS DESCRIBED IN GRANT DEED
TO JOHN WESSMAN RECORDED OCTOBER 28, 1998, AS INSTRUMENT NO. 465160 IN
OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA;
THENCE NORTH 89'52'00"EAST,ALONG THE SOUTH LINE OF SAID PARCEL 3,A DISTANCE
OF 11.08 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 00*08-00"WEST, PARALLEL WITH THE WEST LINE OF SAID PARCEL 3, A
DISTANCE OF 0.67 FEET;
THENCE NORTH 89'52'00"EAST,PARALLEL WITH SAID SOUTH LINE,A DISTANCE OF 10.50
FEET;
THENCE SOUTH 00'08'00" EAST, PARALLEL WITH SAID WEST LINE, A DISTANCE OF 1.67
FEET;
THENCE SOUTH 89'52'00" WEST, PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF
10.50 FEET;
THENCE NORTH 00'08'00"WEST, PARALLEL WITH SAID WEST LINE, A DISTANCE OF 1.00
FEET TO THE TRUE POINT OF BEGINNING.
COMPRISING 18 SQUARE FEET MORE OR LESS.
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DELI BEARING RADIUS LENGTH TANGENT
1 N89'52'00"E 6.92
N89*52'00"E 1.50 * Na. C-28931
N59'29'40"E 3.09 Exp.0331-03
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of pAL,N 9,o APPROVED BY:
CITY OF PALM SPRINGS
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ENGINEERING DEPARTMENT
c'I<IFacN�P DAMD J. BARMAN, P.E. - CITY ENGINEER
RCE 28931, EXP. 3/31/03
DESIGN BY: SCALE: FILE NO.:
MLF 1" = 20' R-00-14
ATTRACTION BOARD PARCEL 1
CHECKED BY: DWG. NO.: SHEET NO.:
DJB d�1 1 OF 1
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EXHIBIT "B "
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SCALE 1" = 20' p SEE DETAIL HEREON
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N00'08'00"W, 16.50' PARCEL 2 PER INST. NO, 465160
RECORDED 10/28/98 NOO'08'00"W, 23.60'
N89'52'00"E 57.80' �O ,q�
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N00'08'00"W, 16.50'
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DELI BEARING RADIUS LENGTH TANGENT N89'52'00"E, 4.32' is 1{�•`1
1 N89'S2'00"E 46,42 No. C-28931
N59'29'40"E 2.00 Exp.03,31-03 V
4 S59'29'40'W 4.00 STgTe O CAUFO P
N30'30'20"W 1.50
6 N59'2940'E 2.00
�F pALM 9q APPROVED BY:
i CITY OF PALM SPRINGS
ENGINEERING DEPARTMENT
DAVID J. BARMAN, P.E. - CITY E GINEER
RCE 28931, EXP. 3/31/03
DESIGN BY: SCALE: FILE NO.:
MLF 1" = 20' R-00-14
ATTRACTION BOARD PARCEL 2
CHECKED BY: DWG. NO.: SHEET NO.:
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z CITY OF PALM SPRINGS
ENGINEERING DEPARTMENT
41(1FCK�'1�' DAVID J. BARAKIAN, P.E. - CITY ENGINEER
RCE 28931, EXP. 3/31/03
DESIGN BY: SCALE: FILE NO.:
MLF 1" = 20' R-00-14
ATTRACTION BOARD PARCEL 3
CHECKED BY: DWG. NO.: SHEET NO.:
DJB 1 1 OF 1
SECOND AMENDMENT TO THEATER LEASE AGREEMENT
THIS SECOND AMENDMENT TO THEATER LEASE AGREEMENT (the "Second
Amendment") is made and entered into as of December , 2001, by and between the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
("Landlord") and THE PARTNERSHIP FOR THE PERFORMING ARTS, L.P., a California
Limited Partnership ("Tenant").
RECITALS:
A. Landlord and Tenant entered into that certain Theater Lease Agreement dated as of
August 19, 1991 as supplemented by that certain side letter between Landlord and Tenant dated
August 19, 1994 (the "Side Letter") pursuant to which Landlord subleased to Tenant certain real
property, together with improvement thereon and appurtenances thereto, located in the City of
Palm Springs, California, as more particularly described in the Sublease (the "Sublease"). A
First Amendment to Theater Lease Agreement dated October 1, 1994 was approved by
resolution on November 2, 1994.
B. The Demised Premises, together with other properties, were leased by Landlord, as
lessee, pursuant to that certain Lease and Purchase Agreement dated November 14, 1988, as
amended by that certain Addendum to Lease/Purchase of Property Agreement dated March 13,
1989, by and among EARL C. STREBE and FRANCES B. STREBE, as to an undivided one-
half interest, and GESKA R. LINANE, SUSAN S. PORTER and DOROTHY ANN ZABEL
STREBE, as to an undivided one-half interest (collectively, "Master Lessors") and Landlord, as
lessee, a memorandum of which was recorded April 17, 1989 in the Official Records of
Riverside County, California as Instrument No. 1230381, and re-recorded May 4, 1989 as
Instrument No. 142779, as fiuther amended by Amendment to Lease dated October 15, 1991,
between the successors-in-interest to the Master Lessors, an amended memorandum of which
was recorded on February 14, 1992 as Instrument No. 051824 of the Official Records of
Riverside County, California(as amended the "Master Ground Lease").
C. On September 28, 1998, the Community Redevelopment Agency of the City of Palm
Springs, by Resolution No. 1047, approved the acquisition of the Plaza Theatre property,
pursuant to that certain Lease and Purchase Agreement dated November 14, 1988.
D. On September 28, 1998, concurrently with the acquisition of the Theatre property,
which included certain commercial frontage encompassing the Theatre courtyard, the building
north of the courtyard (Louise's Pantry) at 124 South Palm Canyon Drive, and the building south
of the courtyard (Karen's Corner) at 132 South Palm Canyon Drive, the Community
Redevelopment Agency of the City of Palm Springs authorized the sale of the subject
commercial frontage to John Wessman, as required pursuant to a lease/purchase agreement
between John Wessman and the Community Redevelopment Agency of the City of Palm
Springs, approved by Resolution 596 on February 1, 1989.
E. The acquisition of the commercial property in front of the Plaza Theatre (the
courtyard, etc.), resulted in Theatre signs being located on John Wessman's property.
IRV 917274 v I
ejeh o- /6
F. Landlord has agreed to acquire a leasehold interest in certain signage locations as
specified in that certain Lease Agreement between John Wessman as Trustee of the Wessman Family
Trust and Landlord, of even date with this Second Amendment("Signage Lease").
G. Landlord and Tenant agree that Tenant shall sublease from Landlord all rights and
responsibilities set forth in the Signage Lease.
NOW, THEREFORE, Landlord and Tenant agree as follows:
1. DEFINED TERMS. Capitalized terms not otherwise defined, or redefined, in this
Amendment shall have the meaning ascribed to such terms as set forth in the Sublease.
2. INCORPORATION OF SIGNAGE LEASE. This Signage Lease shall be attached
hereto as Exhibit "A" and incorporated herein by this reference. Tenant shall assume complete
responsibility for all terms and conditions required of Lessee on the Signage Lease.
3. AMENDMENTS TO LEASE. There shall be added to the description of the Premises
in the Lease the following: "The Signage placement and locations as described in that certain Lease
Agreement laiown as the "Signage Lease" by and between John Wessman as Trustee of the
Wessman Family Trust and the Community Redevelopment Agency of the City of Palm Springs,
dated December 19, 2001, shall be included in the Premises."
4. NO OTHER MODIFICATIONS. Except as expressly provided in this Second
Amendment,the First Amendment, and the Lease as supplemented by the Side Letter, shall remain
in full force without modification.
5. REPRESENTATION OF CURRENT PERFORMANCE. Landlord and Tenant agree
and affirm that all terms and conditions under the Lease are being performed satisfactorily and that
neither party is aware of any existing defaults as of the time of the execution of this Second
Amendment.
6. EXECUTION IN COUNTERPART. This Second Amendment may be executed in
one or more counterparts, and all so executed shall constitute one agreement binding on all parties
hereto, notwithstanding that all parties are not signatories to the original or the same counterpart.
(See Signatures next page)
-2-
� ,�� �_ /7
IN WITNESS WHEREOF, Landlord and Tenant have entered into this Second
Amendment to Theater Lease Agreement as of the date first above written.
"Landlord"
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS
By:
Executive Director
ATTEST:
By:
Agency Secretary
REVIEWED AND APPROVED AS TO
FORM:
By:
Agency Legal Counsel
THE PARTNERSHIP FOR THE
PERFORMING ARTS, L.P., a California
Limited Partnership
By: THE RIFAEL CORP., a California
Corporation
Its: General Partner
By:
Its:
[RV R 17274 vl
-3-
-CM t'-!8
Exhibit"A"
LEASE AGREEMENT
(COURTYARD SIGNAGE)
This LEASE AGREEMENT ("Lease") is made and entered into this day of
2001 ("Effective Date"), by and between JOHN WESSMAN, TRUSTEE
OF THE WESSMAN FAMILY TRUST, DATED NOVEMBER 16, 1998, a California
corporation ("Lessor"), and the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS, a public body, corporate and politic ("Lessee").
RECITALS
A. Lessor is the owner of that certain real property commonly known as the
Courtyard located at Palm Springs, California, including all improvements thereon existing as of
the Lease Commencement Date. The Lessee wishes to lease three areas for signage in the
Courtyard, which three parcels (Parcels 1, 2, and 3) are legally described in Exhibit"A" attached
hereto (the"Site" -which includes all three parcels) and are illustrated in Exhibit"B."
B. The Lessor wishes to make the Site available to Lessee and Lessee wishes to use
such Site under the terms of this Lease to provide adequate signage to support the Plaza Theatre
operations.
AGREEMENT
1.0 LEASE.
Lessor hereby leases and demises to Lessee and Lessee hereby hires from Lessor, for the
term and upon the conditions set forth herein, the Site, as legally described in Exhibit "A."
Further, Lessor hereby grants to Lessee an irrevocable non-exclusive license during the term of
this Lease for ingress and egress, to and from the Site locations seven (7) days a week, twenty-
four(24)hours a day.
2.0 LEASE TERM.
2.1 Lease Commencement Date. The Lease Commencement Date shall mean the
date this Lease is executed by Lessee.
2.2 Lease Term. The Lease Term shall mean the period commencing upon the Lease
Commencement Date and continuing for the period that Lessee provides or intends to provide for
the operation of the theater. It is agreed that in the event operation of the theater is temporarily
interrupted or discontinued,this lease shall continue so long as Lessee in good faith is attempting
to cause the recommencement of theater operations, provided that Lessee shall give Lessor
notice as soon as possible of Lessee's decision to permanently cease theater operations.
Notwithstanding the foregoing, with respect to Parcel 3 only, the lease term for Parcel 3 shall
terminate at the conclusion of the lease term and all extensions thereto for the Plaza Theatre
between Lessee and Partnership for the Performing Arts, LP, or upon termination of the lease
IRV X15886 vl -I-
Exhibit"A"
between Lessor and Partnership for the Performing Arts, LP for space within Plaza de las Flores,
whichever occurs sooner, unless this lease is extended by the parties hereto with respect to Parcel
3.
2.3 Delivery of Possession. Lessor shall tender delivery of possession of the Site to
Lessee within five (5)business days following the Lease Commencement Date.
3.0 RENT.
Lessee shall pay to Lessor for the lease of the Site the sum of one dollar ($1.00) per year
("Annual Rent"), which sum shall be paid in advance on the Lease Commencement Date and
each anniversary thereafter.
4.0 USE OF SITE.
4.1 Use of the Site. Lessee shall use the Site solely for the purpose of constructing,
erecting and maintaining three signs as described in Exhibit `B" attached hereto and
incorporated herein by this reference.
4.2 Compliance with Law. Lessee agrees that all operations and activities by or
under Lessee on the Site shall be conducted in compliance with all applicable statutes,
ordinances, orders, laws, rules and regulations, and the requirements of all federal, state and
municipal governments and appropriate departments, commissions, boards and offices thereof,
which may be applicable to the Site or to the use or manner of use of the Site.
5.0 ALTERATIONS,MAINTENANCE AND REPAIRS.
5.1 By Lessee. The Lessee agrees, at its expense, to maintain all of the signs in good
condition and repair, with the exception that if a sign is damaged by action of Lessor's agent,
employee or invitee then Lessor shall contribute to the cost of repair.
5.2 Alterations. In the event that either prior to or during the Lease Term any
alteration, addition, or change or otherwise to the Site, or any portion thereof, is required by law
or regulation or rule, the same shall be made by Lessee, at Lessee's sole cost and expense.
Subject to obtaining all requisite governmental permits and authorizations, Lessee shall have the
right to make non-structural alterations to the signs constructed by Lessee upon the Site.
6.0 INSURANCE AND INDEMNITY.
6.1 Insurance Provided by Lessor. Lessor shall maintain fire and extended
coverage insurance throughout the term of this Lease. Lessee understands that Lessor's
coverages hereunder do not include Lessee's furniture, fixtures or merchandise. Lessee hereby
waives any right of recovery from Lessor, its officers and employees, and Lessor hereby waives
any right of loss or damage (including consequential loss) resulting from any of the perils
insured against as a result of said insurance.
6.2 Indemnification of Parties. The parties agree to indemnify each other, their
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,
IRV#15886 v1 -2_
eJ?U f:
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 each other, their agents, employees,
subcontractors, or invitees, provided for herein, or arising from the use of the Site and the
courtyard area by either party or their employees and customers, or arising from the failure of
Lessee to keep the Site in good condition and repair, as herein provided, or arising from the
negligent acts or omissions of either party hereunder, or arising from either party'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 other party, its
officers, agents or employees but excluding such claims or liabilities arising from the sole
negligence or willful misconduct of the other party, its officers, agents or employees, who are
directly responsible to the other party, and in connection therewith:
7.0 TAXES.
7.1 Personal Property Taxes. Lessee agrees to pay, prior to delinquency, all taxes
levied upon personal property, if any, including trade fixtures, and inventory, not owned by
Lessor and kept on or about the Site by or under Lessee.
7.2 Real Property Taxes. Lessor agrees to pay all real property taxes (including any
possessory interest taxes and special and ad valorem taxes) and assessments levied or assessed
upon the Site.
8.0 CASUALTY DAMAGE.
In the event the whole or any part of the sign improvements at the Site shall be damaged
or destroyed by any casualty other than those for which the Lessor shall insure pursuant to
Section 6.1, at any time during the Lease Term, Lessee shall have the right at its discretion to
repair, restore and rebuild such improvements on the same plan and design as existed
immediately prior to such damage or destruction and to the same condition that existed
immediately prior to such damage. Lessee may cancel this Lease by giving written notice of its
election to do so to Lessor within sixty (60) days after Lessee receives notice or acquires
knowledge of such damage or destruction meeting described above.
9.0 ASSIGNMENT AND SUBLETTING.
Lessor is in agreement that Lessee may sublease the Site to the Partnership for the
Performing Art,LP and/or subsequent theater operators.
10.0 DEFAULT; TERMINATION.
Either party may terminate this Lease upon a default by the other party. A party shall be
in default under this Lease if that party fails to perform obligations required of it within a
reasonable time, but in no event later than thirty (30) days after written notice from the other
party, specifying wherein the nonperforming party has failed to perform such obligations;
provided, however, that if the nature of the nonperforming party's obligation is such that more
than thirty (30) days are required for performance then the nonperforming party shall not be in
IRV 815886 vl -3-
default if it commences performance within such thirty (30) day period and thereafter diligently
prosecutes the same to completion.
11.0 QUIET ENJOYMENT.
Lessor hereby warrants, represents and covenants that, Lessee may peaceably and quietly
have, hold, occupy and enjoy the Site and all of the appurtenances thereto without hindrance or
molestation from Lessor or those lawfully claiming an interest in or to the Site through or under
Lessor.
12.0 MISCELLANEOUS.
12.1 Condemnation. In the event a condemnation or a transfer in lieu thereof results
in a taking of any portion of the Site, Lessor 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 Site, Lessee may,
upon written notice given within thirty (30) days after such taking or transfer in lieu thereof,
terminate this Lease.
12.2 Surrender at End of Term. Any improvements built, constructed, or placed
upon the Site by or under Lessee, other than Lessee's trade fixtures, equipment and personal
property, shall remain on the Site and become the absolute property of Lessor without any cost to
Lessor upon the termination of this Lease, whether by lapse of time or by forfeiture by reason of
default provided that Lessee shall have the right to remove its trade fixtures, removable tenant
improvements, equipment and personal property on or before expiration or earlier termination of
this Lease, provided that Lessee repairs any damage occasioned by such removal.
12.3 Force Majeure. If either party is delayed, prevented or hindered from the
performance of any covenant or condition of this Lease because of acts of the other party, Acts
of God, adverse weather conditions not reasonably anticipated, war, invasion, insurrection, acts
of a public enemy, riot, mob violence, civil commotion, sabotage, labor disputes, inability to
procure or general shortage of labor, materials, facilities, equipment or supplies on the open
market, unusual delay in transportation, laws, rules, regulations or orders of governmental or
military authorities, or any other cause beyond the reasonable control of the parties so obligated,
whether similar or dissimilar to the foregoing, financial inability excepted, such performance
shall be excused for the period of the delay, and the period for such performance shall be
extended for a period equivalent to the period of such delay.
12.4 Waiver. No written waiver of any breach of any of the terms, covenants,
agreements, restrictions or conditions of this Lease shall be construed as a waiver of any
succeeding breach of the same or other covenants, agreements, restrictions and conditions
hereof. Lessor's acceptance of any sum payable by Lessee to Lessor under this Lease while
Lessee is in default under the terms of this Lease shall not constitute a waiver by Lessor of such
default, other than a default by Lessee in payment of the sum so accepted by Lessor. Lessee
shall not rely on any oral waiver and shall not rely on any course of conduct as a waiver of any
provision of this Lease. Lessee may rely only on specific waivers confirmed in writing.
12.5 Notices. Whenever in this Lease it shall be required or permitted that notice or
demand be given or served by either party to this Lease to or on the other, such notice or demand
IRV#15886 vi _4_
shall be given or served and shall not be deemed to have been duly given or served unless said
notice is in writing and is either personally served (including service by overnight courier) upon
the person for whom intended or mailed, by registered or certified mail, with postage prepaid,
addressed to the party for whom intended at the address that follows:
Lessor: Wessman Family Trust
c/o Wessman Development
1555 South Palm Canyon Drive, Suite G106
Palm Springs, CA 92264
Attn: John Wessman, Trustee
Lessee: Community Redevelopment Agency
of the City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: David H. Ready, Executive Director
With a Copy to: David J. Aleshire, Esq.
Burke, Williams& Sorensen, LLP
18301 Von Karman Avenue, Suite 1050
Irvine, CA 92612
Either Lessor or Lessee may change such address by notifying the other party in writing
as to such new address as Lessee or Lessor may desire used and which new address shall
continue as the address until further written notice. If any notice or demand is sent by mail as
aforesaid, the same shall be deemed served or delivered three (3) days after the mailing thereof
in the manner provided above. If any notice or demand is sent by overnight courier as aforesaid,
the same shall be deemed served or delivered twenty-four (24) hours after deposit of the same
with an overnight courier for delivery to the party to whom intended at the address provided
above for such party pursuant to this Section.
12.6 No Oral Agreements. This (i) Lease covers in full each and every agreement of
every kind or nature whatsoever between the parties hereto concerning this Lease, (ii) supersedes
any and all previous obligations, agreements and understandings, if any, between the parties, oral
or written, and (iii) merges all preliminary negotiations and agreements of whatsoever kind or
nature herein. Lessee acknowledges that no representations or warranties of any kind or nature
not specifically set forth herein have been made by Lessor or its agents or representatives.
12.7 Inurement. Each of the covenants, conditions and agreements herein contained
shall inure to the benefit of and shall apply to and be binding upon the parties hereto and their
respective heirs, legatees, devisees, executors, administrators, successors, assigns, sublessees or
any person who may come into possession of said Site or any part thereof in any manner
whatsoever. Nothing in this Section shall in any way alter the provisions against assignment or
subletting hereinabove provided.
12.8 Assignment by Lessor. In the event Lessor shall transfer or convey or be
divested of its fee estate in and to the Site, and as a part of said transaction shall transfer, convey,
IRV N 15886 vl
assign or be divested of its interest as Lessor in and to this Lease, then from and after the
effective date of said assignment, transfer, conveyance, divestiture or reverter and assumption of
this Lease by the transferee, Lessor shall have no further liability, except for liabilities which
shall have accrued and be unsatisfied as of such date, for all of which liabilities Lessor shall
continue to be obligated notwithstanding any such assignment, transfer, conveyance, divestiture
or reverter.
12.9 Severability. If any term, covenant or condition of this Lease or the application
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Lease, or the application of such term, covenant or condition to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected thereby and each term, covenant or condition of this Lease shall be valid and be in force
to the fullest extent permitted by law.
12.10 Authority of Lessor. Each individual executing this Lease on behalf of Lessor
represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of
Lessor and that this Lease is binding upon Lessor.
12.11 Lessee's Officers and Employees.
12.11.1 Non-liability of Officers and Employees. No officer, official,
agent, contractor, or employee of Lessee shall be personally liable to Lessor, or any
successor in interest, in the event of any default or breach by Lessor or for any amount
which may become due to Lessor or to its successor, or for breach of any obligation of
the terms of this Lease.
12.11.2 Conflict of Interest. No officer or employee of Lessee shall have
any financial interest, direct or indirect, in this Lease nor shall any such officer or
employee participate in any decision relating to this Lease which affects the financial
interest of any corporation, partnership or association in which he is, directly or
indirectly, interested,in violation of any state statute or regulation.
12.12 Non-Discrimination. There shall be no discrimination against or segregation of
any person or group of persons on account of race, color creed, religion, sex, marital status,
handicap, age, ancestry or national original in the leasing, subleasing, transferring, use,
occupancy, tenure or enjoyment of the Site herein leased nor shall the Lessee 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 lessees, sublessees, subtenants or vendees of the Site herein leased.
12.13 Real Estate Broker. Lessee and Lessor each represent and warrant to the other
that it has not dealt with any real estate broker and knows of no real estate broker, agent, or
finder that may claim a commission in connection with this Lease, Lessee and Lessor shall each
indemnify, defend, and hold the other harmless from and against any claim for any broker's or
finder's fee arising out of the acts or omissions of the indemnifying parry.
[End - Signature Page and Exhibits Follow]
IRV#15886 vl _6_
IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease Agreement to be executed
and to be effective as of day and year first hereinabove written.
"LESSOR"
JOHN WESSMAN, TRUSTEE OF THE
WESSMAN FAMILY TRUST, DATED
NOVEMBER 16, 1998
Gti.Il/L-
°f ESSEE"
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS
Executive Director
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
Agency Attorney
[End of Signatures]
IRV M15886 vl _7_
EXHIBIT "A"
ATTRACTION BOARD PARCEL 1
ALL THAT PORTION OF BLOCK 27 AS SHOWN ON THE MAP OF PALM SPRINGS TOWN
SITE, RECORDED IN BOOK 9, PAGE 432, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNINGATTHE SOUTHWESTCORNER OF PARCEL 3AS DESCRIBED IN GRANT DEED
TO JOHN WESSMAN RECORDED OCTOBER 28, 1998, AS INSTRUMENT NO. 465160 IN
OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA;
THENCE NORTH 89'52'00"EAST,ALONG THE SOUTH LINE OFSAID PARCEL 3,A DISTANCE
OF 6.92 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH LINE, NORTH 89-52-00" EAST, A DISTANCE OF
1.50 FEET;
THENCE NORTH 59*29-40" EAST, A DISTANCE OF 3.09 FEET;
THENCE NORTH 00'08'00"WEST, PARALLEL WITH THE WEST LINE OF SAID PARCEL 3, A
DISTANCE OF 1.21 FEET;
THENCE SOUTH 59'29'40" WEST, A DISTANCE OF 4.83 FEET;
THENCE SOUTH 00'08'00" EAST, PARALLEL WITH SAID WEST LINE, A DISTANCE OF 0.33
FEET TO THE TRUE POINT OF BEGINNING.
COMPRISING 4 SQUARE FEET MORE OR LESS.
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Pg. 1 of 2
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EXHIBIT"A"
ATTRACTION BOARD PARCEL 2
ALL THAT PORTION OF BLOCK 27 AS SHOWN ON THE MAP OF PALM SPRINGS TOWN
SITE, RECORDED IN BOOK9, PAGE 432, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING ATTHE SOUTHWEST CORNER OF PARCEL3AS DESCRIBED IN GRANT DEED
TO JOHN WESSMAN RECORDED OCTOBER 28, 1998, AS INSTRUMENT NO. 465160 IN
OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA;
THENCE NORTH 89'52'00"EAST,ALONG THE SOUTH LINE OF SAID PARCEL 3,A DISTANCE
OF 46.42 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 59'29'40" EAST, A DISTANCE OF 2.00 FEET;
THENCE SOUTH 30'30'20" EAST, A DISTANCE OF 1.50 FEET;
THENCE SOUTH 59'29'40" WEST, A DISTANCE OF 4.00 FEET;
THENCE NORTH 30'30'20" WEST, A DISTANCE OF 1.50 FEET;
THENCE NORTH 59'29'40" EAST, A DISTANCE OF 2.00 FEET TO THE TRUE POINT OF
BEGINNING.
COMPRISING 6 SQUARE FEET MORE OR LESS.
c_ 3 31
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Pg. 2 of 2
GSA f=�7
EXHIBIT "A"
ATTRACTION BOARD PARCEL 3
ALL THAT PORTION OF BLOCK 27 AS SHOWN ON THE MAP OF PALM SPRINGS TOWN
SITE, RECORDED IN BOOKS, PAGE 432, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 3 AS DESCRIBED IN GRANT DEED
TO JOHN WESSMAN RECORDED OCTOBER 28, 1998, AS INSTRUMENT NO. 465160 IN
OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA;
THENCE NORTH 89'52'00"EAST,ALONG THE SOUTH LINE OF SAID PARCEL 3,A DISTANCE
OF 11.08 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 00'08'00"WEST, PARALLEL WITH THE WEST LINE OF SAID PARCEL 3, A
DISTANCE OF 0.67 FEET;
THENCE NORTH 89'52'00"EAST,PARALLEL WITH SAID SOUTH LINE,A DISTANCE OF 10.50
FEET;
THENCE SOUTH 00'08'00" EAST, PARALLEL WITH SAID WEST LINE, A DISTANCE OF 1.67
FEET;
THENCE SOUTH 89*52-00" WEST, PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF
10.50 FEET;
THENCE NORTH 00'08'00"WEST, PARALLEL WITH SAID WEST LINE,A DISTANCE OF 1.00
FEET TO THE TRUE POINT OF BEGINNING.
COMPRISING 18 SQUARE FEET MORE OR LESS.
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RESOLUTION NO.
OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITYOF PALM SPRINGS, CALIFORNIA,APPROVING
A LEASE AGREEMENT WITH JOHN WESSMAN,TRUSTEE
OFTHE WESSMAN FAMILYTRUST, FORTHE LOCATION
OF THREE (3) PLAZA THEATRE SIGNS IN THE
COURTYARD OWNED BY THE WESSMAN FAMILY TRUST
AND APPROVING A SECOND AMENDMENT TO THE
THEATER LEASE AGREEMENT WITH THE PARTNERSHIP
FOR THE PERFORMING ARTS
WHEREAS,the Community Redevelopment Agency of the City of Palm Springs, California
is the owner of the Plaza Theatre located on South Palm Canyon Drive; and
WHEREAS,the Theatre has been leased by the Community Redevelopment Agency to the
Partnership for the Performing Arts, which produces the "Fabulous Palm Springs Follies'
and
WHEREAS, due to ownership changes of the courtyard in front of the Plaza Theatre,certain
signs serving the Plaza Theatre are located in the courtyard owned by the Wessman Family
Trust; and
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs and the
Wessman Family Trust have negotiated a Lease Agreement providing forthe lease of three
sites in the courtyard for three signs to serve the Plaza Theatre; and
WHEREAS, these three leased sign sites will be subleased to the Partnership for the
Performing Arts by a Second Amendment to the Plaza Theater Lease Agreement between
the Community Redevelopment Agency of the City of Palm Springs and the Partnership for
the Performing Arts.
NOW,THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the
City of Palm Springs as follows:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. The Lease Agreement (Courtyard Signage) by and between John
Wessman, Trustee of the Wessman Family Trust, dated November
16, 1998, and the Community Redevelopment Agency of the City of
Palm Springs is hereby approved.
Section 3. The Second Amendment to the Theater Lease Agreement between
the Community Redevelopment Agency of the City of Palm Springs
and the Partnership for the Performing Arts is hereby approved.
j4
Resolution - Plaza Theatre Signs
Page 2
Section 4. The Executive Director is authorized to execute the Lease
Agreement for the signage and the Second Amendment to the
Theater Lease Agreement on behalf of the Community
Redevelopment Agency.
ADOPTED THIS day of 200_
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS
By:
City Clerk City Manager
REVIEWED &APPROVED AS TO FORM: