ATTACHMENT A
Amendment No. 5
1 AMENDMENT NO. 5 TO LEASE FOR
VISITOR CENTER PREMISES
THIS AMENDMENT NO. 5 (“ Amendment”) to Lease for Visitor Center Premises is hereby entered into this February 1, 2026, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and the Agua Caliente Band of Cahuilla Indians, a federally recognized Indian tribe (“Tenant”).
RECITALS
A. On September 29, 2010, the Community Redevelopment Agency of the City of Palm Springs (“Agency”) and Tenant entered into a Lease (the “Lease”) by which the Tenant leased from the Agency certain spaces in and around the Agency’s Visitor Center at 2901 North Palm Canyon Drive (the “Visitor Center Premises”) for a term of three (3) years, ending on September 30, 2013, on terms and conditions specified therein, including an option for the Tenant to renew the term for an additional two (2) years.
B. On March 16, 2011, the Visitor Center Premises was transferred from the Agency to the City, subject to the terms of the Lease.
C. On April 9, 2014, the City and Tribe approved Amendment No. 1 extending the term of the Lease to September 30, 2015.
D. On October 7, 2015, the City and Tribe approved Amendment No. 2 extending the term of the Lease to September 30, 2018.
E. On October 1, 2018, the City and Tribe approved Amendment No. 3 extending the term of the Lease to September 30, 2020.
F. On October 1, 2020, the City and Tribe approved Amendment No. 4 extending the term of the Lease to September 30, 2025.
G. The City and Tenant now desire to memorialize the Tribe’s option to extend the term of the Lease to September 30, 2027, as set forth in the sixth recital of Amendment No. 4.
NOW, THEREFORE, the City and Tenant hereby agree as follows:
1. Term. Section 2 of the Lease is hereby amended to read as follows:
The Parties acknowledge and agree that Tenant timely and validly exercised its option to renew this Lease pursuant to Amendment No.
4. Accordingly, the t erm of this Lease is extended for an additional period of two (2) years, commencing on October 1, 2025, and expiring on September 30, 2027 (the “ Fourth Renewal Term ”). Upon expiration of the Fourth Renewal Term, this Lease shall automatically renew for one (1) additional two (2) -year period commencing on October 1, 2027, and expiring on September 30, 2029 (the “ Fifth Renewal Term”), unless either Party provides written notice of non- renewal to the other Party not less than thirty (30) days prior to the expiration of the Fourth Renewal Term. Except as expressly modified 2 herein, the Fifth Renewal Term shall be upon the same terms and conditions set forth in this Lease; provided, however, that City and Tenant may, by mutual written agreement, amend this Lease to adjust the rent applicable during the Fifth Renewal Term.
IN WITNESS WHEREOF, the Parties have duly executed this Amendment on the date first set forth above.
AGUA CALIENTE BAND OF
CAHUILLA INDIANS (“Tenant”)
CITY OF PALM SPRINGS (“City”)
By: ________________________________
Max Ross
Chief Executive Officer
By: ________________________________
Scott Stiles
City Manager
Approved as to Form:
By: ________________________________
Jeffrey S. Ballinger
City Attorney