HomeMy WebLinkAbout7/7/2010 - STAFF REPORTS - 2.O. PALM SA
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C, 41IF:OAR CITY COUNCIL STAFF REPORT
DATE: July 7, 2010 CONSENT AGENDA
SUBJECT: Signature Flight Support, Inc. Amendment 4 to Lease No. 4821
FROM: David H. Ready, City Manager
BY: Airport Department
SUMMARY
This action will promulgate Amendment No. 4 to the long-term lease with the Airport's
Fixed Base Operator, Signature Flight Support, to account for the new Air Traffic
Control Tower boundaries, provide dedicated parking positions for the flight school
aircraft, and reserve a route for Airport emergency vehicles across the leasehold.
RECOMMENDATION:
1. Approve Amendment 4 to Lease #4821 with Signature Flight Support
Corporation for Fixed Base Operator (FBO) Services effective September 1,
2010.
2, Authorize City Manager to execute all necessary documents.
STAFF ANALYSIS
The Airport Commission voted in support of recommending this tenant lease agreement
amendment at its June 16, 2010 meeting.
Signature Flight Support is one of two Fixed Base Operators doing business on the
airport and it has a long term lease which ends in 2044. This leasehold consists of 14
different parcels East of El Cielo and Alejo Roads. The most noticeable and prominent
portion of this leasehold property includes their new terminal complex and apron located
on the other side of El Cielo across from City Hall.
The new FAA Control Tower has a final lease footprint that does encroach upon the
Signature aircraft parking areas and this amendment makes the necessary leasehold
ITEM NO. �/ '
City Council Staff Report
July 7, 2010 -- Page 2
Signature Flight Support Amendment 4
boundary modifications to these parcels. In addition, because the Airport will now have
a direct lease with the long-standing flight instruction school (see additional Council
Report) and the aircraft require staging within the Signature leasehold, this amendment
contains language to appropriate the necessary space that will properly accompany
these aircraft. This amendment also includes language that ensures Signature always
accommodates an access route across their apron for the Airport's Aircraft Rescue and
Firefighting trucks.
FISCAL IMPACT:
There is no Airport Enterprise Fund expense or revenue associated to this lease
amendment.
Thomas Nolan,
Executive Director, Airport
David H. Ready, City Manager
cc: Signature Lease 4821 Amendment 4
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AMENDMENT NO. 4 TO LEASE 4821
WITH SIGNATURE FLIGHT SUPPORT CORPORATION
FOR FIXED BASE OPERATOR (FBO) SERVICES
THIS AMENDMENT NO 4. TO LEASE #4821 WITH SIGNATURE FLIGHT
SUPPORT FOR FIXED BASE OPERATOR (FBO) SERVICES ("Amendment No.
4") is made and entered into this first day of September 2010, by and between
the CITY OF PALM SPRINGS, a California municipal corporation ("City") and
SIGNATURE FLIGHT SUPPORT CORPORATION, a Delaware corporation
("Tenant").
RECITALS
WHEREAS, on January 21, 2004, City and Tenant entered into that
certain Lease with Signature Flight Support Corporation for Fixed Base Operator
(FBO) Services ("Agreement"), for Tenant's lease and operation of its FBO at
Palm Springs International Airport ("Airport"), as more specifically described in
the Agreement;
WHEREAS, on October 24, 2004, and before Tenant, through its
authorized subcontractor, commenced construction of improvements at the
Airport on Parcels 3 and 6 pursuant to the Agreement, the parties entered into
Amendment No. 1 to the Agreement ("Amendment No. 1") after discovering the
need to restrict construction on Parcels 3 and 6 to assure appropriate and
adequate access to the structures being constructed thereon exists at the Access
Way, as such term is defined therein;
WHEREAS, on January 12, 2005, Amendment No.1 was superseded in its
entirety by Amendment No. 2 which added designated building setbacks on
construction on Parcels 3 and 6;
WHEREAS, on March 15, 2006, Amendment No. 3 removed certain
language requiring a payment upon completion of the demolition to Hangar
(Parcel 13);
WHERAS, the parties wish to amend the Agreement pursuant to the terms
of Amendment No. 4 as follows;
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises of the parties
hereto and for other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, City and Tenant agree as follows:
Signature FBO Amendment 4 to Agreement 4821
Palm Springs International Airport
1. Subsection 2.12 Flight School Aircraft Tie-Downs (Parcel 1). Shall be
added to the Agreement as follows:
2.12 Flight School Aircraft Tie-Downs (Parcel 1) During the current
agreement/option periods included in the City Facility Rental Agreement
with Legend Aire dba The Flight School Tenant shall provide Legend Aire
dba The Flight School, located in Hangar 1, five single engine aircraft Tie-
Downs, as reasonably close to Hangar 1 as feasible at a monthly rental
rate equal to that provided to other FBO Tie-Down customers. Tenant
shall make the Tie-Downs accessible at all times. If Legend Aire dba The
Flight School does not meet the Tenant requirements per the standard
Tenant FBO Tie-Down agreement or becomes delinquent on rent for the
Tie-Downs this subsection will be null and void.
2. Subsection 2.13 Aircraft Rescue and Firefighting (ARFF) Emergency
Route (Parcel 2).. Shall be added to the Agreement as follows:
2.13 Aircraft Rescue and Firefighting (ARFF) Emergency Route (Parcel 2).
The City is obligated by Federal Aviation Administration regulations to
provide fire and rescue services and Tenant will not obstruct ARFF vehicle
access between the ARFF Facility and the Airfield. Tenant shall maintain
at all times at least one clear and open vehicle path wide enough for the
largest single ARFF truck to expeditiously traverse. Tenant will not
impose any fees or charges for maintaining the clear pathway. Tenant will
not be entitled to any reimbursement for revenues lost from not being able
to use that apron space for business activities.
5. Exhibit A. Legal Description for Parcels 2 has been revised in it's entirety
due to the new Air Traffic Control Tower property boundary which is
depicted in Exhibit "A". These revisions have resulted in a total reduction
of 2,178 square feet. Tenant's rent for Parcel 2, shall remain unchanged
as a result of these revisions.
6. Exhibit A. Legal Descriptions for Parcels 1, 4, 6 have been revised due to
errors in coordinate directions as depicted in Exhibit "A" — no change in
actual area of leasehold or rent.
7. Full Force and Effect. Except as expressly modified herein all other
provisions of the Agreement shall remain unmodified and in full force and
effect.
8. Corporate Authority. The persons executing this Amendment on behalf of
the parties hereto warrant that (i) such party is duly organized and
existing, (ii) they are duly authorized to execute and deliver this
Amendment on behalf of said party, (iii) by so executing this Amendment,
Signature FBO Amendment 4 to Agreement 4821
Palm Springs International Airport
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such party is formally bound to the provisions of the Amendment, and (iv)
the entering into this Amendment does not violate any provision of any
other agreement to which said party is bound.
(SIGNATURE PAGE FOLLOWS)
Signature FBO Amendment 4 to Agreement 4821
Palm Springs International Airport
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first
written above.
ATTEST: CITY OF PALM SPRING
a municipal corporation
By: By:
City Clerk City Manager
APPROVED AS TO FORM,
By-
City Attofney
CONTRACTOR: Check one: Individual Partnership_Corporation
Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,
President, or any Vice President:AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or
Chief Financial Officer,
By: By:
Signature(notarized) Signature(notarized)
Name: Name:
Title: Title:
State of State of
County of County of
On before me, On before me,
personally appeared personally appeared
who proved to me on the basis of satisfactory who proved to me on basis of satisfactory
evidence to be the person(s)whose name(s) evidence to be the person(s)whose name(s)
is/are subscribed to the within instrument is/are subscribed to the within instrument
and acknowledged to me that he/she/they and acknowledged to me that he/she/they
executed the same in his/her/their authorized executed the same in his/her/their authorized
capacity(ies), and that by his/her/their capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s), signatures(s)on the instrument the person(s)
or the entity upon behalf of which the or the entity upon behalf of which the
person(s) acted,executed the instrument. Person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY I certify under PENALTY OF PERJURY
under the laws of the State of California that under the laws of the State of California that
the foregoing paragraph is true and correct. The foregoing paragraph is true and correct.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature.
Notary Seal: Notary Seal:
Signature FBO Amendment 4 to Agreement 4821
Palm Springs International Airport
EXHIBIT "A"
REVISED LEGAL DESCRIPTIONS
FOR
PARCELS 1, 2, 4 AND 6
SEE ATTACHED
Signature FBO Amendment 4 to Agreement 4821
Palm Springs International Airport
EXHIBIT "A"
PALM SPRINGS INTERNATIONAL AIRPORT
SIGNATURE FLIGHT SUPPORT LEASE
LEGAL DESCRIPTION PARCEL NO. 1
That portion of the Northwest '/4 of 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 West '/4 Corner of said Section 18;
Thence North 00°05'30" East, along the Westerly line of said Section 18 a
distance of 740.93 feet;
Thence South 89'40'10" East a distance of 44 feet to the TRUE POINT OF
BEGINNING;
Thence North 00°05'30" East a distance of 568.88 feet;
Thence South 89055'10" East a distance of 319.94 feet;
Thence South 00°05'30" West a distance of 570.28 feet;
Thence North 89040'10" West a distance of 319.97 feet to the TRUE POINT OF
BEGINNING.
CONTAINING: 4.18 Acres, more or less.
Signature FBO Amendment 4 to Agreement 4821
Palm Springs International Airport n
Legal Description
Amended Signature Flight Support Parcel No.2 Lease
Palm Springs international Airport
Palm Springs, CA
That certain parcel of land located in the Northwest Quarter of section 18,Township 4
South, Range 5 East, San Bernardino Meridian, City of Palm Springs, County of
Riverside, State of California, more particularly described as follows:
COMMENCING at the west quarter corner of said Section 18;
Thence along the westerly line of said Section 18 North 00°10'11" East, 740.93 feet to its
intersection with the westerly prolongation of the southerly line of Signature Flight
Support Lease Parcel No. 1, as described in said lease;
Thence along said prolongation and said southerly line North 89°35'29" East, 363.97
feet to the southeast comer of said Signature Flight Support Lease Parcel No. 1 and the
TRUE POINT OF BEGINNING;
Thence continuing along said southerly line of Signature Flight Support Lease Parcel
No. 1 and its easterly prolongation South 89035'29" East, 199.95 feet to the southwest
corner of Signature Flight Support Lease Parcel No. 4;
Thence along the westerly line of said Signature Flight Support Lease Parcel No. 4 and
its northerly prolongation North 00"1011" East, 501.66 feet to its intersection with the
southerly fine of the Airport Traffic Control Tower Lease as described in federal Aviation
Administration Lease No. OTFAWP-09-L-00028;
Thence along the southerly line of said Airport Control Tower Lease North 89"51'02"
West, 7.77 feet to the southwest corner of said Airport Control Tower Lease;
Thence along the westerly line of said Airport Control Tower Lease North 00013'38".
East, 254.63 feet to the northwest comer of said Airport Control Tower Lease;
Thence along the northerly line of said Airport Control Tower Lease South 89°51'02"
East, 7.51 feet to its intersection with the northerly prolongation of said Signature Flight
Support Lease Parcel No. 4;
Thence along said northerly prolongation North 00'1011" East, 265.05 feet to a point of
intersection with a line perpendicular to the easterly line of Signature Flight Support
Lease Parcel No. 6;
Thence along said perpendicular line North 89°50'29"West, 199.99 feet to the westerly
line of said Signature Flight Support Lease Parcel. No. 6;
Thence along said westerly line of Signature Flight Support Lease Parcel No. 6 South
00009'31"West, 140.01 feet to the southwest corner of said Signature Flight Support
Lease Parcel No. 6;
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Thence South 00°09'57"West, 310.19 feet to the northeast corner of said Signature
Flight Support Lease Parcel No. 1;
Thence along the easterly line of said Signature Flight Support Lease Parcel I�lo. 1
South 00010'11"West, 570.28 feet to the TRUE POINT OF BEGINNING.
CONTAINING: 4.64 Acres, more or less.
This description was prepared by
me or under my direction. �,A 4
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EXHIBIT "A"
PALM SPRINGS INTERNATIONAL AIRPORT
SIGNATURE FLIGHT SUPPORT LEASE
LEGAL DESCRIPTION PARCEL NO. 4
That portion of the Northwest '/4 of 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 West % corner of said Section 18;
Thence North 00°05'30" East, along the Westerly line of said Section 18, a
distance of 740.93 Feet;
Thence South 89°40'10" East a distance of 563.89 feet to the TRUE POINT OF
BEGINNING;
Thence North 00005'30" East a distance of 471.35 feet;
Thence South 89055'10" East a distance of 355 feet;
Thence South 00005'30" West a distance of 472.89 feet;
Thence North 89°40'10" West a distance of 355 feet to the TRUE POINT OF
BEGINNING.
CONTAINING: 3.85 Acres, more or less.
Signature FBO Amendment 4 to Agreement 4821
Palm Springs International Airport
1,i
EXHIBIT "A"
PALM SPRINGS INTERNATIONAL AIRPORT
SIGNATURE FLIGHT SUPPORT LEASE
LEGAL DESCRIPTION PARCEL NO. 6
That portion of the Northwest '/4 of Section 18, Township 4 South, Range 5, East,
San Bernardino Base and Meridian, in the City of Palm Springs, Cosunty of
Riverside, State of California, Being more particularly described as follows:
COMMENCING at the West % Corner of said Section 18;
Thence North 00°05'30" East, Along the Westerly line of said Section 18 a
distance of 1619.81 feet;
Thence South 89°55'10" East a distance of 228.86 feet to the TRUE POINT OF
BEGINNING;
Thence North 00°05'30" East a distance of 305 feet;
Thence South 89°55'10" East a distance of 135 feet;
Thence South 00°04'50" West a distance of 305 feet;
Thence North 89*55'10" West a distance of 135 feet to the TRUE POINT OF
BEGINNING;
CONTAINING: 0.95 Acres, more or less.
Signature FBO Amendment 4 to Agreement 4821
Palm Springs International Airport