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Home My WebLink About3/15/2000 - STAFF REPORTS (5) DATE: March 15, 2000 TO: City Council FROM: Deputy Director of Aviation -Airport Administration via Aviation Director EUGENE N.WHITWORTH AND RICHARD HECKMANN AND MARY HECKMANN,TRUSTEES OF THE HECKMANN FAMILYTRUST CONSENTTO ASSIGNMENTAND ACCEPTANCE AGREEMENT RECOMMENDATION: That the City Council approve a Consent to Assignment and Acceptance Agreement between Eugene N. Whitworth ("Lessee")and Richard Heckmann and Mary Heckmann, Trustees of the Heckmann Family Trust ("Assignees") for the hangar and property located at 3200 Aviation Way, Palm Springs, California 92262, subject to City Attorney review as to form. BACKGROUND: In correspondence dated February 9, 2000, The Escrow Connection provided notice of "Lessee" intent to transfer and assign the hangar and property located at 3200 Aviation Way to "Assignees". The City of Palm Springs ("Landlord")agrees to provide written consent to the tenant for the proposed use of this demised premise as a beneficial use of occupancy. The City Attorney requires "Assignees" agree to keep, perform and be bound by all of the covenants, agreements, provisions, restrictions and conditions contained in said Lease dated June 1, 1998 between the City of Palm Springs and Eugene W.Whitworth ("Lessee")recorded June 4, 1998 as Instrument No. 98-228642 of Official Records of Riverside County. Permitted use of the facility will remain the same and will include storage of aircraft only. Uses specifically prohibited include, but are not limited to self-fueling, fuel sales, sale of new or used aircraft, sale of food or beverages, sale of general merchandise and any other goods and/or services normally associated with a full-service fixed base operation. At their March 7, 2000 meeting, the Airport Commission unanimously recommended that City Council approve this Consent to Assignment and Acceptance Agreement. Airport Staff recommends City Council approval of this Consent to Assignment and Acceptance Agreement between Eugene N. Whitworth ("Lessee") and Richard Heckmann and Mary Heckmann, Trustees of the Heckmann Family Trust ("Assignees") for the hangar and property located at 3200 Aviation Way, Palm Springs, California 92262. BARRY IFFY JERI L. RIDDLE Deputy/6irector of Aviation - Administration Director of Aviation APPROVED: �� 7 City Manager Attachments: (1) Minute Order (1) Consent to Assignment &Agreement WHEN RECORDED MAIL TO: RICHARD AND MARY HECKMANN ASSIGNMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned does hereby transfer and assign to RICHARD HECKMANN AND MARY HECKMANN, TRUSTEES OF THE HECKMANN FAMILY TRUST all ri_qht; _title and interepi= of the undersigned as E?ssee, in and under ha_t _certai;. Leasc dated Ju-,e ' , 1998 _ between THE CITY OF PALM SPRINGS, a municipal Corporation, ("landlord" ) , and EUGENE W. WHITWORTH ("Tenant" ) , and recorded June 4 , 1998as Instrument No. 98-228642 of Official Records of Riverside County, California; covering: see Exhibit "A" attached hereto and made a part hereof. together with all buildings and other improvements of said premises . DATED: 1 `p L IOT ASHFORD TRUSTEE State of California TiuNwvbe,o[P SS. �a ate, mr County of On ?Ibca l of a ? before t�a �ic e e �r `� Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfact evidence) to be the person(Cl) whose name(f4) is/cze subscribed to the within instrument and acknowledged to me that he/sl3 y__cxecuted the same in hislherl `r authorized capacity(te8), and that by h s(t3tkr�ir sianature(�) on the instrument the person(i), or the entity upon behalf of which the person(g) acted, executed the instrument. WITNESS iij hand and official seal. OFFICIAL Sens ® _ AUDREY JEAN FLEISCHMAN "• = COMM#1235358 Signature t v ��L]��y� . Notary Public-California D RIVERSIDE COUNTY My Commission Expire,, FD-1 (Revised 1/93) SEPTEMBER 29, 2003 Exhibit "A" THA_ ?ORTION OF LOTS 1, 2 AND 3 IN SECTION 13, TOWNSFIIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON MAP OF PALM VALLEY COLONY LANDS ACCORDING TO THE MAP THEREOF, RECORDED IN BOOK 14, PAGE 652 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA BEING THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 13; THENCE NORTH 0' 05" 30 DEGREES EAST, ALONG THE EAST LINE OF SAID SECTION 13, A DISTANCE OF 1,567 FEET; THENCE NORTH 88' S7" 20 DEGREES WEST, A DISTANCE OF 327 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88' 57" 20 DEGREES WEST, A DISTANCE OF 302.72 FEET; THENCE NORTH 0' 05" 30 DEGREES EAST, A DISTANCE OF 376.35 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 50 FEET SOUTHERLY OF THE CENTER LINE OF TAXIWAY "G" OF THE PALM SPRINGS REGIONAL AIRPORT; THENCE NORTFI 89' 67" 20 DEGREES EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 302.72 FEET; THENCE SOUTH 0' 05" 30 DEGREES WEST, A DISTANCE OF 376.35 FEET TO THE TRUE POINT OF BEGINNING. WHEN RECORDED MAIL TO: RICHARD AND MARY HECKMANN Is ACCEPTANCE AND AGREEMENT The undersigned RICHARD HECKMANN AND MARY HECKMANN, TRUSTEES OF THE HECKMAN FAMILY TRUST Assignees named in the foregoing Lease Assignment of even date, hereby accept said Assignment and hereby we, jointly and severally agree to keep, perform and be bound by all of the covenants, agreements, provisions , restrictions and conditions contained in said Lease dated June 1, 1998, between the* the part of the Lessees therein to be kept and performed, to all intents and purposes as though the undersigned Assignees were the original �essee5 thereVn1djr. *City of Palm Springs an E gene W. Witworth ( Lessee ) recordedune 4, 1998 as Instrument No. 98-228642 ofDATE: 4L 1& aont Official records or Rivets a ou-nt}y- LEGAL ADDRESS : 3200 CAMINO BOMBERO K/// ��' •-. Assidnee- ICHARD HECKMANN, TRUSTEE PALM SPRINGS CA 92262 &44ma� A eeMARY HECKMANN, TRUSTEE nacorrv�oro«„�m� Clcee .� �< -I, A ,ree State of California S5 w orp I o�ero«�m31(r)0�� stPn{g Mn 'J'. County of11\1 f'--,I ( e On iic ebr Lf ? LDD before me,�jrtm , C ) Notary Public, perso ally appeared— $ (Y�-Vli �el1"00 personally known to me (or--prev, te-rn�onznr oasis u �di�s actvey-tvidence) to be the person(s) whose name(s)4 /are subscribed to the within instrument and acknowledged to me that IS€fTie/they executed the same in ^his/htr/their authorized capacity(ies), and that by-hiAef%their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official sea]. (� SSAAMA�NTHA L. MC AULIFFE Signatur �L�(Seal) ] Ca;nbstonk1211090 .,� Notary Public-ColifOmia Rivrrcide CowitV FD-1 (Revised 1193) � �Y WHEN RECORDED MAIL TO: RICHARD AND MARY HECKMANN CONSENT The undersigned, Lessor in the Sublease referred to in the Assignment dated , hereby consents to the Assignment without, however; *salving the rteatrictions of said Lease with respect to future assignments thereunder, and hereby releases the Assignor, ELLIOTT ASHFORD, TRUSTEE as Lessee of said Lease, from any and all further obligations thereunder and hereby accepts the Assignee: RICHARD HACKMANN AND MARY HACKMANN TRUSTEES OF THE HACKMANN FAMILY TRUST as Lessee under the Lease as though said Assignee was the original Lessee thereunder. DATED: BY: BY: State of California ruro.ry�ore� me SS. Number olP�g� A¢ar Daeivnn[_ Sigia(s)Otlmr rhvi wm,M plow County of On before me, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their sienature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Si, ,aiure (Seal) FTJ-i (Revised 1/93) THE ESCROW CONNECTION 1111 East Tahquitz Canyon Way, Suite 107 Palm Springs, California 92262-6789 Phone: (760) 327-8566 Fax: (760) 327-1812 PALM SPRINGS AIRPORT Date: March 3, 2000 ADMINISTRATION OFFICE Escrow No.: 25086-KK ATTN: BARRY GRIFFITH HAND DELIVERED (UPSTAIRS) Re: 3200 CAIVIINO BOMBERO, PALM SPRINGS, CA 92262 In connection with the above numbered escrow, we enclose the following: Original Assignment and copy of Acceptance Please do not hesitate to call should you have any questions. The Escrow Connection ]{L L�INDIENST ESCROW OFFICER MN MINUTE ORDER NO. 6589 APPROVING CONSENT TO ASSIGNMENT AND ACCEPTANCE AGREEMENT BETWEEN EUGENE N. WHITWORTH ("LESSEE")AND RICHARD HECKMANN AND MARY HECKMANN,TRUSTEES OF THE HECKMANN FAMILY TRUST ("ASSIGNEES") FOR THE HANGER PROPERTY LOCATED AT 3200 AVIATION WAY, PALM SPRINGS, CALIFORNIA 92262. I HEREBY CERTIFY that this Minute Order approving consent to assignment and acceptance agreement between Eugene N.Whitworth("Lessee")and Richard Heckmann and Mary Heckmann,Trustees ofthe Heckmann Family Trust("Assignees")for the hanger property located at 3200 Aviation Way,Palm Springs,California 92262 was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 151h of March,2000. PATRICIA A SANDERS City Clerk & 8P