HomeMy WebLinkAbout00783 - TRIANGLE PUBLICATIONS JB AIR CORP LEASE �r
AGREEMENT
TRIANGLE PUBLICATIONS, INC. , a Delaware corporation ( "Triangle" ) ,
hereby consents to (a) the termination, with release of Triangle, of
the Indenture of Lease No. 783 between the City of Palm Springs,
California and Triangle, which lease commenced September 15,
1971 and (b) the leasing of the same premises to JB AIR CORPORATION,
a Pennsylvania corporation, by a restated lease.
Executed this 16th day of February, 1989.
TRIANGLE PUBLICATIONS, INC.
911/J z 4(
BY: .�` ��� { I � �f
Peter M. Abel
Vice President
i
= 9/12/88
P-FICPDUC6=R J '
ALEXANDER & ALEXANDER, INC.
225 Public Ledger Building l_.;,U;J(Y"'-llhl'
Philadelphia, PA 19106 AIROMPED
COi4R�",NY
LE fEElI Commerce & Industry Insurance
IP - -
roorPranl;,
;INSURED -- — EiEEn Insurance Company of the State of PA
Triangle Publications, Inc. COMRnNv
LET 1:q
Daily Racing Form, Inc.
100 Matsonford Road COMPANY
LE i-1ER
Radnor, PA 19088
C010" lY
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CO POLICY EFFECTIVE POLICY EXPIRMOIP /,eU ITY U'JITS 96'ru;0"�P,9,li'.6C9C
— -
Y`(PE OF INSUI b}h�CF_ NOLICY NUUISER DATE(MMIOCIYYI PATE(MMIOOIYYt I EACH
--I — i..�DFLV )00URREOCE ,GGREGh"Fc
A-X� comlPREwEnTslve FDsa' GL 7471227 4/01/88 4/01/89
PREMISEMPERATIONS PfiOPE9N
iUNDERGROUND D/1kAGr
_ EXPLOSION UI CDUAPJE IIAJUIo Limits shown are those in effect t policy •�'
— PRODUCTSICOMIPLEIro Or'eD{a IoI�7S inception. Product
CONTRACTUAL CI L BID i 1 ,000 only r
XI INDEPEPID I U ENT CON CTOBS 1 ,000
X BROAO FORM PROPERTY DAEIIAC''
X PEOSONAL INJURY PEFISONFIL INJURY 1 ,DDO
_hc—B_1_an.ket_Lessors=_of Equipment/Premises as_Additional Insureds
r,CO3-Cry„r,„COILS 6.ElCl9ef7-J EMLY
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ANY AU FO PAi PHASE)
ALL OWNED AMC(PRIv PAss) BA 7028748 4/01/88 4/01/89 oauar —�
ALL OWNED AUTOS `OTHER III TO INJud1'
41 NV PASS ! PIR ACCIDENO
FARED AUTOS
PROPERTY
NON-OWNE)AUTOS DAMAGE-
Gannse Note: Physical Damage self insure —
DI D BD
COMBINEDUNM
LIAIALF
OTHER FORM El: PD
AN UTADOELLA FORM COMBINED
S'LiTUl(I19Y
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B WC 1907865 4/01/88 4/01/89 j 1 0001-POLICY LIM110
-- ----- - —_ _�']_ 000DISEASE-EACH EMPLOYEE)!!
DESCRIPTION OF UPHR,4TICPIS/I_CCFEI'IOPI,S/VET-IICLES/SPECIAL ITEMS
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City of Palm Springs
P. 0. BOX 1786 G-9 (`.'u ViC+59 L3P.i? 'u 6dd'.dC'=V'. "u aI! C .•-11dfJ'E L;r+IS1V:,.l..r "Id1.L C:;9EI'a.^."e fU,G ;'FJ
60 I d Y 7o P!r,l 1D I% 9H
Palm Springs, CA 92263-1786 �:
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ROYAL GLOBE
INSURANCE COMPANIES
CERTIFICATE OF INSURANCE
Nam.d Triangle Publications, Inc, �Iligharfl, i CHS011, Btfhitridge R: Reid, Inc.
n,ged 250 King of Prussia Road Producer ieneral Anthony Wayne Bldg.
Address Box 750 King 0f Prussia, Pa. 19406
— Radnor, Pa. 19088 J L
The policies indicated herein apply with respect to the hazards and for the coverage and limits of liability indicated by specific entry herein,subject to all the
terms and conditions of such policies.This certificate is issued as a matter of information only,and confers no rights on the holder. It imposes no liability upon
the Company and does not amend, extend, or alter in any way the coverage or the limits of liability afforded by any of the policies designated herein.
COMPANY DATE
COVERAGES AND LIMITS OF LIABILITY
HAZARDS POLICY NUMBER EFFECTIVE EXPIRATION BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY
DATE DATE
EACH PERSON EACH ACCIDENT EACH ACCIDENT AGGREGATE
G.....I Liability
Premises-Operations s ,000 s ,000 s '000 % ,000
Elevators s ,000 5 ,000 s ,000
Independent Conl..clots s ,000 s ,000 s ,000 s ,000
Producls-Completed s '000 s
,000 5 ,000 s ,000
Ope rolions AGGREGATE♦ s '000
ConlracNal-as
described below
5 ,000 s ,000 5 ,000 s ,000
Automobile Liability
Owned AWomcbdes s ,000 s 000 s
000
Hired Aulomobiles ,
,000 s '000 s ,000
Non-Owned Aulornobiles s ,000 5 ,000 s ,000
Manufacturers
Output I-,JY032-15-10 10 1 71 10 1 72
Workmen's Compensation COMPENSATION STATUTORY STATE(S)
LOCATION AND DESCRIPTION OF OPERATIONS, AUTOMOBILES ,CONTRACTS, ETC (FOR CONTRACTS, INDICATE TYPE OF AGREEMENT, PARTY AND DATE.)
City of Palm Springs, Calif, Airport hangar (Palm Springs Municipal Airport)
Fire and Extended Coverage - Building $85, 000.
City of Palm Springs, Calif, included as an Additional Insured
This is to certify that the Company named herein has
Issued Mr, Edward L , Colby, Airport Dlr, issued to the Named Insured the policies listed above.
At The City of Palm Springs ,
Requesf ✓�
of Palm Springs, Calif. 92262 er
s /
L J
Authorized Hrf�esen ln(<ve
C L 20798 E
INDENTURE OF LEASE Triangle Publications, Inc. - to
Agreement No. ' Jf. } constr & maintain a 10,000 sq ft
hangar
AGREEMENT #783 (Original 9-13-71)
Res #10115, 9-13-71
THIS INDENTURE OF LEASE, made and entered into by and between the. CITY
OF PALM SPRINGS, CALIFORNIA (hereinafter called "City" or "Lessor") and
:•?� TRIANGLE PUBLICATIONS, INCORKRA,€D; a Delaware corporation (hereinafter
called "Lessee" ), having its usual place of business at 250 King of
Prussia Road, Radnor, Pennsylvania ( i 9' F'?
W I T N E S S E T H:
WHEREAS, City owns and operates the Palm Springs Municipal Airport and
has thereon certain properties, facilities and rights which it desires
to lease; and
WHEREAS, Lessee desires to construct and thereafter operate and maintain
a 10,000 sq. foot airplane hangar;
NOW, THEREFORE, for and in consideration of the rents, covenants and
agreements made and contained herein and for other valuable considerations,
the receipt of which are hereby acknowledged, City does hereby demise,
rent and let to Lessee, and Lessee does hereby hire, take and lease from
City the following premises and rights under the conditions and for the
period as specified in this agreement:
a) A parcel of land approximately 1 .43 acres in size located on the Palm
Springs Municipal Airport north of the Civic Center, all as more
particularly described in attached Exhibit "A";
b) The right to the exclusive use of the premises demised for the purpose
of constructing and operating a 10,000 sq. foot hangar.
ARTICLE I - TERM
The term of this lease shall be for a period of ten (10) years beginning
on September 15, 1971 and terminating on September 14, 1981 , unless sooner
terminated in accordance with any of the provisions of this lease.
1 . Lessee agrees to pay to City as rental for the land and rights hereby
demised the following amounts :
a) For the first five years of this lease an amount of Eighteen
Thousand Seven Hundred Twenty ($18,720.00) Dollars payable monthly
in advance in amounts of Three Hundred Twelve ($312,00) Dollars
on the first business day of each month. Rent for a partial month
shall be prorated on a 30-day basis.
b) For the remaining five years of this lease, in equal monthly payments
in advance, an amount of money to be determined by revising the first
five years ' rent in accordance with the following factors :
(1 ) Fifty percent (50%) of the percentage increase or decrease
of the Consumer Price Index of the Bureau of Labor Statistics
of the U. S. Department of Labor. For the purpose of this
computation, it is agreed that the Consumer Price Index of
141 .3 (1957-59 base) for the month of June, 1971 , is the base,
or 100%.
(2) Fifty percent (50%) of the percentage increase or decrease
of the appraised value of the property which is the subject
of this lease, excluding the value of improvements made thereon
by the Lessee. For the purpose of this computation, it is
agreed that the appraised value of $32,500 per acre, capitalized
at 8% is the base, or 100%.
2. Lessor hereby grants Lessee an option for two additional 5-year periods,
the first of which shall be for a period beginning September 15, 1981
and ending September 14, 1986, and the second shall be for the period
beginning September 15, 1986 and finally terminating September 14, 1991 .
In the event Lessor desires to exercise said options, they shall be
exercised not earlier than 120 days or, later than 60 days prior to the
effective date of each such option.
It is specifically understood and agreed that in the computation of
rentals under the option, the same formula set out in Article I,
paragraph 1 (b) shall be used, and that rentals shall be adjusted in
accordance with said formula for each of the 5-year option periods.
ARTICLE II - RIGHTS OF LESSEE
Lessor agrees that Lessee, upon paying the rental hereunder and per-
forming the covenants of this agreement, may quietly have, hold and
enjoy the leased premises during the term of this Agreement, and
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that Lessee shall have the right to use, in common with others, the
public facilities at the Airport. Lessee shall also have the right of
ingress and egress from its leased premises and the public facilities
for its employees , visitors and customers.
ARTICLE III - RESTRICTIONS ON LESSEE
1. Lessee shall be specifically excluded from the right to sell , store
and/or deliver aircraft fuels and lubricants on the airport. Lessee
shall be specifically excluded from engaging in the storage or
servicing of aircraft within the leased premises unless such aircraft
are owned or operated by Lessee.
2. Lessee shall not sell , or bring on the airport to be sold, any foods
or beverages unless prior permission for such activity has been
requested and received in writing from Lessor.
3. Lessee shall not sublease any of its premises or other rights on the
airport to any other party, whether or• not such be presently tenants
of the airport, without the written permission of Lessor. Such
permission shall not be unreasonably withheld but may be conditioned
on the payment of additional rents or,on the agreement of Lessee and
the proposed subtenant, to additional lease conditions as may be
considered by Lessor to be- necessary for the protection of the rights
of.other airport tenants, the airport or the City of Palm Springs.
4. Lessee shall not engage in any commercial activities offering ser-
vices of any kind to the general public on the demised premises;
leasing or chartering of the aircraft from time to time on a non-
public basis shall not be included in this definition of "commercial
activities."
ARTICLE IV - OBLIGATIONS OF LESSEE
1. Lessee agrees , without limiting the generality thereof to
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observe and obey and to compel any of his employees, invitees or those doing business
with it to observe and obey all such rules and regulations of Lessor which are
now in effect or which may hereafter be promulgated, provided that such further
rules and regulations shall not unreasonably conflict with the provisions of
this lease.
2. Lessee agrees to provide its own janitor and cleaning services and to main-
tain at all times its leased premises in a clean, orderly, sanitary condition
to standards satisfactory to theCity. Lessee shall also provide for its trash
removal at its own expense.
3. Lessee shall arrange for all utility services and pay for such services on
its leased premises.
ARTICLE V - LESSEE'S RIGHTS NON-EXCLUSIVE
Nothing contained in this agreement shall be construed to grant or authorize
the granting of an exclusive right within the meaning of Section 308 of the
Federal Aviation Act of 1958.
ARTICLE VI - LESSOR'S RESERVED RIGHTS
1 . Lessor reserves the right to further develop or improve the aircraft operat-
ing area of the airport as it sees fit and to take any action it considers
necessary to protect the aerial approaches of the airport against obstructions
together with the right to prevent Lessee from erecting, or permitting to be
erected, any building or other structure on the airport which, in the opinion
of Lessor, would limit the usefulness of the airport or constitute a hazard to
aircraft.
2. During the time of war or national emergency, Lessor shall have the right to
lease the airport or any part thereof to the United States Government for military
or naval use. The Lessor agrees that the Lessee shall be permitted to attend
and fully participate with Lessor in any and all proceedings with respect to
any such leasing, appropriation, taking or closing relating in any manner to
the matter of the award that may be made by reason thereof .and that the
acceptance by Lessor of any award shall not, unless agreed to by Lessee, be
binding upon Lessee. Lessor and Lessee agree that fair allocation of the
proceeds shall be made between the parties .
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3. Any other provisions of this lease notwithstanding, this lease shall
be subordinate to the provisions of any existing or future agreement be--
tween Lessor and the United States relative to -the operation or maintenance
of the airport, the terms and execution of which has been or may be required
as a condition precedent to the expenditure or reimbursement to Lessor of
Federal funds for the development of the airport.
4. Lessor, through its duly authorized agent, shall at all times have the
full and unrestricted right to- enter the-leased- premises for the purpose
of inspection or maintenance and for the purpose of doing any and all
things which it is obligated and has aright to -do under this agreement.
ARTICLE VII - CONSTRUCTION ON PRFMISES
1. Lessee intends to construct certain facilities and buildings on the
demised premises; however, Lessee may not alter the .premises or add any
construction without receiving prior written permission from Lessor, such
permission being contingent on having the site, landscaping and construction
plans approved, by the appropriate agencies of the City. It is understood
and agreed that Lessee shall install al.1 utilities and shall install and main-
tain the landscaping on two sides of the leased 'premises, together with trees
and sprinklers, as more particularly set out in the sketch attached hereto
as Exhibit "B" and made a part hereof.
2. Within thirty days following completion of any construction on demised
premises, Lessee shall give to Lessor for filing a complete set of "As Built"
drawings including, but not limited necessarily to,all underground facilities.
3. It is specifically agreed that, at the sole option of the City, the
improvements constructed on the leasehold shall become the property of the
City, free and clear of any and all encumbrances at exR`riation or termination
of this agreement or any extension thereof:
4. Lessee agrees without limiting the generality thereof, in constructing
all improvements on the leasehold, Lessee will hold Lessor harmless from
and against claims, liens or attachments of any kind or type whatsoever.
Lessee further agrees that Lessor shall have the right to post notices
of non-responsibility as provided by Section 1183 of the Code of Civil
Procedure of the State of California. Lessee further agrees to hold
Lessor harmless from and against any claims or causes of action which
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might result from Lessee' s use of the property, whether caused by the
negligence of the Lessee, falling aircraft or any other cause, save
and except damages caused by the negligence of- the Lessor.
ARTICLE VIII - DISPLAY OF SIGNS
Lessee shall not erect, maintain or display any signs or other advertis-
ing at or on the exterior parts of the leased- premises without first
obtaining the written approval of Lessor, which approval shall not be
unreasonably withheld.
ARTICLE IX - INSURANCE AND INDEMNITY
1 . At all times during the term of this lease, Lessee will maintain in
force a comprehensive liability insurance policy- in a form satisfactory
to the City's attorney in an amount.of not less than Two Million
($2,000,000) Dollars single limit for personal injury or death of
any persons in any one accident, and/or for damage to property result-
ing from each accident. When insurance is provided by a policy or
policies which also provide insurance for the Lessee or anyone other than
the parties hereto, then such policy or policies shall also contain a
standard cross liability endorsement. The policy shall also provide
that a written notice of cancellation or-of any material change in the
policy shall be delivered .to Lessor .l0 days in advance of the effective
date thereof. Certificate of insurance shall be delivered to the Lessor
upon issuance and before operations under this agreement commence evidenc-
ing the above specified coverage.
2. The Lessee shall indemnify and hold the Lessor harmless from any
and all demands, losses , liabilities or judgments , together with costs
and expenses incident thereto which may accrue against, be charged
to, or be recoverable from the Lessor as a.result of the acts or
omissions of the Lessee, its employees or agents. The Lessor
shall give prompt and timely notice to the Lessee and the Lessee shall
also give such notice to the Lessor of any claim made or suit
instituted which might directly or indirectly affect the other party
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hereto. Both parties shall have the right to compromise or
participate in the defense of any such matter to the extent
of its own interests.
3. Fire Insurance. Lessee shall procure and maintain in effect
during the term of this agreement fire and extended coverage
insurance insuring the building or structures to be added
to the demised premises in an amount equal to eighty per-
cent (80%) of the actual value of said improvements and
structures. Insurance policies covering all buildings and
structures on the demised premises shall name the Lessor as
an additional insured. A certified copy of each policy or
a certificate evidencing the existence thereof shall be
on file with or delivered to Lessor within ten (10) days
after the execution of this lease. Each such copy or
certificate shall contain an endorsement obligating the
insurance carrier to furnish Lessor at least ten (10) days
notice of any intended cancellation.
ARTICLE X - TERMINATION BY LESSOR
Lessor shall have the right upon written notice to Lessee to can-
cel this Agreement in its entirety, upon or after the happening
of one or more of the following events, if said event or events
shall then be continuing:
1. If Lessee shall make a general assignment for the benefit
of creditors, or file a voluntary petition in bankruptcy
or a petition or answer seeking its reorganization or the
readjustment of its indebtedness under the Federal Bank-
ruptcy Laws or any other similar law or statute of the
United States of any state, or government, or consent to
the appointment of a receiver, trustee or liquidator of
all or substantially all of the property of Lessee;
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2. If by order or decree of a court of. competent' jurisdiction Lessee shall
be adjudged bankrupt or an order shall be made-approving a petition
seeking its reorganization, or •the readjustment`of its indebtedness
under the Federal Bankruptcy Laws -or any law"or statute of the United
States or any state, territory•or possession thereof, or under the law
of any other state, territory or possession- thereof, or under the
law of any other. state, nation or government, provided; •that if any
such judgment or order be stayed-or vacated within ninety (90) days
after the entry thereof, any notice of'cance.11ation• given shall be and
become void and of no effect;
3. If by or pursuant to any order or decree of any'court-or governmental
authority, board, agency, or officer having- jurisdiction, a receiver,
trustee, or liquidator shall take� possession ,or-control -of all or sub-
stantially all of the property of Lessee-for-the• benefit-of,creditors,
provided, that if such order or-decree-be -stayed•:or,vacated"within sixty
(60) days after the entry thereof or -during such longer period in which
Lessee diligently and in good- faith-'contest-the-same, any notice of
cancellation shall be and become null,y void and- no-effect;
4. If Lessee shall fail to pay the rental charges:ro r other money payments
required -by this instrument and such failure shall not be remedied within,
ten (10) days following receipt-'by•Lessee of written -demand from Lessor
so to do;
5. If Lessee shall default in fulfilling any of*the 'terms, covenants or-
conditions, to be fulfilled by it hereunder and shall fail to remedy
said default within thirty (30) days- following receipt by Lessee of
written demand from Lessor so to do, or if,-by -reason of the nature
• of such default the same cannot be remedied within thirty (30) days
following receipt by Lessee ofwritten demand from Lessor so to do, then,
if Lessee shall have failed to commence the remedying of such default•
within said thirty (30) days following such written notice, or hav-
ing so commenced, shall fail 'thereafter` to- continue-with diligence
the curing thereof;
b-b ;
6. If Lessee sh;., abandon any of the premises #-ad to it hereunder
for a continuous period of sixty (60) days at any one time except
when such abandonment be caused by fire; earthquake, war; strike or
other calamity beyond Lessee's control .
In the evert of any cancellation or termination ,of this Agreement by Lessor
under the circumstances specified in this Article- X; •all -fixetl improve-
ments erected or installed in or upon the dernised• premises by Lessee shall
become the absolute property of Lessor, as if- this"Agreement- had expired
by lapse of time.
ARTICLE XI - TERMINATION BY -LESSEE
Lessee shall have the right, upon written--notice to Lessor, .to cancel this
Agreement in its entirety upon or after- the happening -of one or more of
the following events, if said event shall then" be continu'rig:
1. The issuance by any court of competent• jurisdiction' of-aa injunction,
order or decree preventing or restraining the use by Lessee of all or
any substantial part of the demised premises ,or preventing or restrain-
ing the use of the Airport-for"usual airport-purposes in -its entirety,
or the use of any part thereof which maybe used" by Lessee and which
is necessary for Lessee's operations on' the Airport, which remains in
force unvacated or unstayed for a period of at least one hundred and
twenty (120) days;
2. The default of Lessor in the performance -of-any-of-the terms, covenants,
or conditions to be fulfilled by it under this instrument and the
failure of Lessor to cure such default within• a period of thirty (30)
days following receipt of written demand from-Lessee so to do, except
that if by reason of the nature of such default, the same cannot be
cured within said thirty (30) days, then Lessee shall have the right
to cancel if Lessor shall have failed to commence to- remedy such de-
fault within said thirty (30) days following receipt of such written
demand, or having so commenced, shall fail -thereafter- to continue with
diligence the curing thereof;
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3. If the fixed improvements placed upon the demised premises shall be
totally destroyed, or so extensively damaged that it would be
impractical or uneconomical to restore the same' to, their previous ,
condition, as to which Lessee shall be- the-sole judge. In any
such case, the proceeds of- insurance, if any,-,payable-by reason
of such loss shall ,be apportioned between LOssor and Lessee, .
Lessor receiving the same proportion of such- proceeds as the then
expired portion of the lease term bears to the full term hereby
granted, and Lessee receiving the balance thereof. If the damage
shall result from an insurable cause and- shall- be only partial and such
that the said fixed improvements canbe-•restored, to their prior
condition within a reasonable time,= then• Lessee shall restore the
same with reasonable promptness, and shall-be- entitled to receive
and apply the proceeds of- any insurance covering--.such loss to said
restoration, in which event this Agreement shall not be cancelled
but shall continue in full force and effect,-and- in such .case .any
excess thereof shall belong to Lessee; .
4. In the event of destruction of all or a-material portion of the
airport or the airport facilities; or-in 'the- event that any
agency or. instrumentality .of the United-States Government or any
state or local government shall occupy the airport .or a substantial
part thereof, or in the event of military- mobilization or public
emergency wherein there is a curtailment, either by executive decree
or legislative action, of normal civilian traffic at the airport.
5. The taking of the whole or any part of the demised premises by the
exercise of any right of condemnation or eminent domain.
ARTICLE XII - LESSEE'S IMPROVED"EDITS
The fixed improvements to be constructed and installed by Lessee pursuant
to this Agreement are estimated to involve a total cost of approximately
e
1 Seventy Five Thousand ($75,000) Collars. As soon as practicable
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following completion, Lessee shall submit to Lessor an itemized
statement, certified by an officer of Lessee, showing the actual
cost of said fixed improvements, and shall , if so requested
by Lessor, produce copies of all invoices and other records
in connection therewith. The costs shown in said itemized
statement shall , unless disputed in writing by Lessor within
sixty (60) days next following receipt thereof from Lessee,
be accepted as the "actual cost" of Lessee's improvements
for all purposes of this lease. Any such dispute shall be
resolved promptly by a qualified, disinterested third party
agreed upon by Lessor and Lessee, who shall share the expense
equally. Lessee shall , for the purposes of this agreement
in determining the rights of the parties , fully amortize
said actual cost,on a straight line basis without allowance
for salvage, commencing with the date on which said fixed
improvements are completed and ready for occupancy by Lessee,
and extending over the original ten year term of this lease.
ARTICLE XIII - LESSEE'S RIGHTS ON TERMINATION
In the event of any termination of this lease prior to the
expiration date set forth in Article I hereof (except when
such termination (i) is due to default by Lessee under this
Lease, or (ii) results in payment to Lessee out of insurance
proceeds, condemnation awards or other source, of compensa=
tion for loss of its investment in the fixed improve-
ments on the basis of Lessee's actual cost less
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amortization to the nearest complete month of the term, as provided
in Article XII) , and in the further event that' Lessor shall rail or
refuse to purchase said fixed improvements at a priceequal to said
actual cost less amortization within sixty-(60) days after such termina-
tion of this Lease, Lessee shall have the righz9' notwithszanding any-
thing to the contrary contained in this Agreement; to sell said fixed
improvements to any person or organization having the right to trans-
act business on the Airport, who or which' is willing and able to lease
said premises from Lessor for a ,period not shorter than the remaining
unexpired term on substantially the same,terms"and, conditions contained
in this Lease, subject, however, to: approval-by-Lessor-of such purchasor•'s
financial standing and reliability, which approval shall not be un-
reasonably withheld. In the event: of such sale by-L'essee, Lessor shall
promptly offer to lease-�the- p•remises to -such-purchaser,as aforesaid.
ARTICLE XIV _ WAIVER OF PERFORMANCE
The failure of either party to insist 'in any instance upon a strict
performance by the other party of any, of-the- provisions , terms, covenants ,
reservations, conditions; stipulations• conta-fined-in this- Agreement shall
not be considered a waiver thereof, and• the"same• shall continue and
remain in full force and effect. No waiver' by`the- City of any provision,
term, coveant, reservation, condition -or- sttpulation contained in this
Agreement shall be deemed to have been made- in any instance unless
expressed in the form of a resolution by the City Council .
ARTICLE XV - INDEPENDENCE OF CONTRACT
It is further mutually understood and agreed by the parties hereto
that nothing herein shall be construed as in anywise creating the
relationship of copartners between the parties or as constituting the
Lessee, the agent or employees of the City for any purpose whatsoever.
ARTICLE XVI - NOTICES
Notices to the City provided for herein shall be sufficient if sent by
registered mail , postage prepaid, addressed to the City Manager, City
Nall , Palm Springs, California, and notices to the Lessee if sent by
registered mail , postage prepaid, addressed to the Lessee at its place
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of business at the Airport or as otherwise specified in writing by
Lessee from time to time.
ARTICLE XV1I - ASSIGNMENT OF CONTRACT
The Lessee shall obtain the City's consent in writing prior to doing
any of the following: (a) assigning or otherwise transferring this
lease or any rights hereunder.
ARTICLE XVIII - DEFAULT IN RENT
If the Lessee becomes in arrears in the payment- of rent due hereunder
for a period of ten (10) days, or if the Lessee shall cease to operate
as required in this Agreement, or it neglects to perform any of the
covenants contained herein for a period of not less than thirty (30)
days after the City has notified Lessee in writing of the Lessee's
default hereunder, then, in any event, the City may immediately.
without demand or notice, enter Lessee's premises and repossess the
same. In such an event, the Lessee and those claiming under it shall
vacate the premises immediately.
ARTICLE XIX - TAXES
The Lessee further agrees to pay all taxes• or assessments lawfully
imposed on the Lessee.
ARTICLE XX - INVALID PROVISIONS
The parties agree that in the event any covenant, condition, or pro-
vision herein contained is held to be invalid- by any court.of com-
petent jurisdiction, the invalidity thereof shall in no way affect
any other provision of this Agreement if the provision does not
materially prejudice either the Lessee or the City in their respective
rights and obligations hereunder.
-11-
0 lip
RTICLE XG - NON-DISCRIMINATION AND FAA
Lua icEo C—LA US[ J �—
The Lessee, in the operations to be conducted pursuant to the provisions
of this Agreement and otherwise in the use- of -the-Airport, shall not
discriminate against any person or class of -persons-by reason of race,
color, creed or national origin as in any"manner prohibited by Part
15 of the Federal Aviation- Regulations-or-any-amendments ,thereto.
The Lessee shall furnish its accommodations- and/or- services on a fair,
equal and not unjustly discriminatory basis-to-all users thereof.
it shall charge fair, reasonable and •not-unjustly discriminatory prices
for each unit or service; provided, however;- that the Lessee may be
allowed to make reasonable and nondiscriminatory -discounts, rebates
or other similar type of price -reductions-to -volume purchasers, and
in accordance with the other' provisions-of'thts` license with regard
to discounts and rebates.
Non-compliance with these provisions'shall ,constitute -a material breach
of this Agreement. in the event of-such non-compliance, the City shall
have the right to terminate without liability;- or at the election of
the City or the United States, both shall have--the right to judicially
enforce the above provisions.
The Lessee agrees to insert ,the-anti=discrimination provisions herein- .
above enumerated in any agreement-by which' said"Lessee grants a right
or privilege to any person, firm or corporation' to render accdmmoda-
tions and/or services to the public on the subject-premises.
The City also reserves the right, but shall not be obligated to the
Lessee, to maintain and keep in repair the landing area of the Air-
port as well as publicly-owned facilities of the airport together
with the right to direct and control the-activities of the Lessee
in this regard.
The Lessee hereby agrees to comply with the notification and review
requirements covered in Part 77 of the Federal Aviation Regulations in
the event any future structure or building- is planned or in the event of
any planned modification or alteration of any present or future build-
ing or structure situated on the leased premises.
The City hereby reserves a right of flight for,the'-passage of aircraft
in the airspace above the'surface of- the- subject premises 'together with
the right to create in said airspace such-noise as -is-or shall become
inherent in the operation of aircraft operating on-the- Airport.
The Lessee, by 'accepting this license, expressly agrees for itself, its
successors and assigns that it shall not erect, nor permit the erection
of any structure or object nor permit the growth- of- any tree on the land
leased hereunder above the mean sea level elevation of five hundred (500)
feet, In such an event, the City reserves the right-to enter upon
the land leased hereunder and require Lessee to remove the offending
structure or object at the expense of.Lessee.
The Lessee, by accepting this Agreement, expressly agrees for itself,
its successors and assigns that it shall not-use the-licensed premises
in any manner which might interfere with the landing and taking off of
aircraft from or on the Palm Springs Municipal Airport or otherwise
create a hazard. In such an event, the City reserves the right to
enter upon subject premises and cause the abatement of the interference
or hazard at the expense of the Lessee.
This agreement, and all the provisions hereof, shall be subject to what-
ever right the United States Government now has or in the future may have
or acquire, affecting the control , operation,• regulation or commandeering
of the Airport or the exclusive or non-exclusive use of the Airport by the
United States during the time of war, or national , emergency.
. =13-
Nothing contained in this Agreement shall be construed to grant or
authorize the granting of an exclusive right within the meaning of
Section 308 of the Federal Aviation Act of 1958, as amended.
IN WITNESS WHEREOF, the parties hereby have caused these presents
to be executed on the respective dates indicated below.
ATTEST: CITY OF PALM SPRINGS , CALIFORNIA
F. D. ALESHIRE
City_Clerk l
Deputy --City City Manager
APPROVED AS TO FORM: TRIANGLE PUBLICATIONS, INC.
City Attorney Joseph �d. First, Vice .erG ti
CTENTS APPROVED: Farad _
Date:
Airport Director / On this 9th day of September, 1971, personally
s , 1 appeared before me, a Notary Public, Harry C.
Date:��- Coles, Jr. , who acknowledged that the fore-
going agreement was duly executed on behalf
of Triangle Publications, Inc. by Joseph M.
First, 'Vice President, and by himself, as
Assistant Secretary, being thereunto duly
authorized.
Notary Pitblic
L=liOVl:D L;`.( iFiE CITY COUNCIL B`T My commission exP:Lxes
iris Cammismn Ecpiras f:ngi-Z- 19?'>. -
ALEJQ
250ME
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SCALE 7 1"= 100
FtF
_OCA1 ION OF LII.ASE AGREEIMEN T FOR
TRIANGLE PUBLICATIONS, INC .
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bIZTR1eT I 3'
20 20
Lr hS E ��'=�� 't�o < 250'��
i
Sinatra/Schwartz Triangle Publications
Y^ I Leasehold
� 1.43 Acres �
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BIRD Cop,?
.
LEASE
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To Ac-comp,a1vY
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TRIANGLE PUBLICATIONS, INC.
L F.R s E-
1 = 100'
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LEGAL DESCRIPTION
TRIANGLE PUBLICATIONS LEASE
Those certain portions of Section 13, Township 4 South, Range 4
East and Section 18, Township 4 South, Range 5 East, San Bernardino
Base and Meridian, in the City of Palm Springs , County of Riverside,
State of California, being more particularly described as follows :
Commencing at the Northeast corner of said Section 13; thence
South 89048'00" West along the northerly line of said Section 13,
a distance of 452.30 Feet; thence leaving said northerly line
South 0012'00" East, a distance of 471 .00 feet; thence North 89°48'00"
East, a distance of 250.00 feet to the TRUE POINT OF BEGINNING; thence
from said TRUE POINT OF BEGINNING continuing North 89048'00" East,
a distance of 250.00 feet; thence North 0012'00" West, a distance
of 250.00 feet; thence South 89°48'00" West, a distance of 250.00 feet;
thence South 0012'00" East, a distance of 250.00 feet to the TRUE POINT
OF BEGINNING.
EXHIBIT A-1
V44
7
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APPROVED By PLANK"'
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case
PROVED BY CITY Co'JMClL
APPROVED
Case
OrdinanceRes6jutjon
APPROVAL SUBJECT TO ALL REO'o'"
ED
CONDITIONS BY ABOVE BODIES
HANGAR
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APPROVED BY KA
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COUPICIL
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Case ....-..= •,.., i. : :- ,; �. . ,I ,'!. `ir,j� ---------------- Date -
..l I , :: ;. r r r ��..;I 1 i �'�';• �: ..'..' Resolution #-------- _:-..--- Ordieance —
' . APPROVAL SUBJECT TO ALL .REOUIRED.•
CONDITION
S BY ABOVE BODIES. '
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EXITTBIT B, page 2
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