HomeMy WebLinkAbout05033 - SIERRA AVIATION GROUP NON-EXCLUSIVE OPERATING LEASE AGREEMENT AIRPORT AIRLINE PORTER SERVICES Kathie Hart
From: Mark Jucht
Sent: Thursday,June 16, 2016 4:27 PM
To: Kathie Hart; Suzanne Seymour
Cc: Jay Thompson
Subject: RE:A5033-Sierra Aviation Group J�
Kathie,
The current Sierra agreement#5958 term through Feb 28, 2018.
#5033 can be closed
Mark Jucht
Airport Administration Manager
Palm Springs International Airport
3400 E. Tahquitz Canyon Way
Palm Springs, CA 92262
mark.iucht(@Palmspringsca.aov
(760)318-3808
From: Kathie Hart
Sent: Thursday, June 16, 2016 3:53 PM
To: Mark Jucht; Suzanne Seymour
Cc: Jay Thompson
Subject: A5033 - Sierra Aviation Group
This is for exclusive use of space at airport W/2 one-year options, and it expired in 2010.
A copy of the agreement file is attached for your reference.
Please let me know if I may close this file.
Thanks.
lk 6Rthie
Kathie Hart, MMC
Chief Deputy City Clerk
1 �1M 4 �f St1
CAUPOR2f
tAt rec p�Qcs ties:'
City of Palm Springs (760) 323-8206
3200 E. Tahquitz Canyon Way (760) 322-8332
Palm Springs,CA 92262 Kathie.Hart@PalmSpringsCA.gov
City Hall is open 8 am to 6 pm, Monday through Thursday, and closed on Fridays.
1
Page 1 of 2
Kathie Hart
k�
From: Janet Sheraton
Sent: April 29, 2009 7:29 AM
To: Kathie Hart
Subject: FW: PSP - Exercise Option on A5033?
From: Janet Buck
Sent: Wednesday, December 03, 2008 3:19 PM
To: jmog@sierraaviationgroup.com
Cc: Deborah Rivera
Subject: RE: PSP - Exercise Option on A5033?
Thank you for the fast responsel jb
From:jmog@sierraaviationgroup.com [mailto:jmog@sierraaviationgroup.com]
Sent: Wednesday, December 03, 2008 3:18 PM
To: Janet Buck
Cc: daniel alvarez
Subject: RE: PSP - Exercise Option on A5033?
Hi Janet, Yes that would be fine...thank you.
Jim Mog
Sierra Aviation Group
909 948-9900
-------- Original Message --------
Subject: PSP - Exercise Option on A5033?
From: "Janet Buck" <Janet.Buck@palmsprings-ca.gov>
Date: Wed, December 03, 2008 3:14 pm
To: ¢jmog@sierraaviationgroup.com>
Cc: "daniel alvarez" cdalvarez@sierraaviationgroup.com>
Good Afternoon Jim,
Would Sierra Aviation like to exercise the final one-year option for the 340 SF of space (Lease Agreement 5033)
at PSP effective February 1, 2009?
Thank you,
Jb
Janet M. Buck
Airport Asset Manager
City of Palm Springs
Palm Springs International Airport
3400 E Tahquitz Canyon Way, Suite OFC
Palm Springs, CA 92262
760.318.3808 Fax 750,318,3815
04/29/09
Page 1 of
Janet Buck
From: Janet Buck
Sent: Wednesday, January 02, 2008 12:00 PM
To: jmog@sierraaviationgroup.com'
Cc: Valerie Johnson; Deborah Rivera
Subject RE: FW: PSP - Office Space Option
Jim,
Option 1 to Agreement 5033 with the City of Palm Springs for Space Rental at Palm Springs International Airport
wili be effective February 1, 2008 - January 31, 2009.
Thank you,
lb
From:jmog@sierraaviationgroup.com [mailto:jmog@sierraaviationgroup.com]
Sent: Wednesday, January 02, 2008 11:54 AM
To: Janet Buck
Subject: RE: FW: PSP - Office Space Option
Happy New Year Janet, Yes we would like t exercise our option on the office space..lhank you.....
Jun Mog
Sierra Aviation Group
909 948-9900
-------- Original Message --------
Subject: FW: PSP - Office Space Option
From: Janet Buck Clanct.Buck@palmsprings-ca.gov>
Date: Wed, January 02, 2008 11:50 sin
To:jmog@sierraaviationgroup.com
Happy New Year Jim -
May I have a response to this email?
Thank you,
Jb
From: Janet Buck
Sent: Monday, December 03,2007 12:41 PM
To: 'jmog@slermaviationgroup.com'
Subject: PSP-Offoe space Option
Good Afternoon Jim -
Would Sierra Aviation like to exercise the first one-year option for the office space at PSP effective
2/1/08?
Thank you,
jb
Janet M. Buck
Airport Asset Manager
City of Palm Springs
Palm Springs International Airport
1/2/2008
Sierra Aviation Group
Lease Agreement
Amend 1 of A5033
MO 7865 06-07-06
AMENDMENT NO. 1 — —TO
NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT
THIS AMENDMENT NO. 1 TO NON-EXCLUSIVE OPERATING AND LEASE
AGREEMENT ("Amendment No. 1") is made and entered into this )a� day of
, 2006, by and between the City of Palm Springs, a California charter city
("Ciity"), and Sierra Aviation Group, a California corporation ("Tenant').
RECITALS
A. City and Tenant previously entered into a Non-Exclusive Operating and
Lease Agreement, dated February 3, 2005, the ("Agreement') for exclusive use space
at the Palm Springs International Airport.
B. City and Tenant now desire to amend the Agreement to eliminate the
wheelchair storage area (Exhibit "A-2" to the Agreement) as office space covered by the
Agreement and provide for an appropriate reduction in the monthly rental payments to
correspond to the reduction in total office space.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and
conditions contained herein, and upon the terms and conditions hereinafter set forth, the
parties agree as follows:
AGREEMENT
Section 1: The "Monthly Rental' set forth in the Agreement is amended by deleting
the amounts associated with the wheelchair storage area and the provision is amended
to read:
Monthly Rental: Base Rental — 340 Sq. Ft. Exclusive Use Space at $25.79 per square
foot per annum = $8,768.60 per annum or $730.72 per month.
Section 2: The Office Space Location set forth in the Agreement is amended by
deleting reference to the wheelchair storage area and the provision is amended to read:
Office Space Location: Suite A-100 —As shown on Exhibit "A."
Section 3:
Except as expressly amended in this Amendment No. 1, all other provisions of
the Agreement shall remain in full force and effect.
�1�84�Ph3l�LLL 1,30
a
215996 1 1
1llD/0, t" eF,�f I l
IN WITNESS WHEREOF, this Amendment No. 1 was executed by the parties on
the day and year written above.
"CITY"
CITY OF PALM SPRINGS
David Ready, City Mqogbr
ATTEST:
APPROVED By CITY COUNCIL
17
Uy Thompson, City Clerk
APPROVVEb AS TO FORM:
i ,fq
Dougla C` Holland, City Attorney
"TENANT"
Sierra Aviation Group
By: r✓% - ^y
Title:
215996.1 2
EXHIBIT"A"
EXCLUSIVE USE SPACE
340 SQ. FT.
Uff Dr
n C
C
EXHIBIT "A-2"
EXCLUSIVE USE SPACE
181.5 SQ. FT.
Shaded area represents
area for wheelchair storage.
181.5 S.F.
-------------
c
n
1
Sierra Aviation Vroup
Operating & Lease Agr.
AGREEMENT#5033
MO 7624, 2-2-05
NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT
For Exclusive Use Space
at
Palm Springs International Airport
GENERAL PROVISIONS
The City of Palm Springs, a municipal corporation ("City") hereby grants to the lessee
hereinafter named ("Tenant'), a license to operate out of a exclusive use space (as
hereinafter defined) at the location specified below at the Palm Springs International
Airport ("Airport') upon all of the terms and conditions contained in this Agreement. This
Agreement is subject to the following general provisions:
Operator: Sierra Aviation Group
Address: 2500 East Airport Drive, Suite 1312, Ontario, CA 91761
Phone: 909.937.2900 Fax: 909.937.8829
Email: sierraaviation(a-).luno.com
Representative: James Mog, General Manager
Operator Use: Office Space - Airline Porter Services
Security Deposit: $1,000.00
Monthly Rental: Base Rental - 340 Sq.Ft. Exclusive Use Space at $25.79/SF/Annum
and 181.5 Sq.Ft. Storage Space at $20.06/SF/Annum = $12,409.49
per annum or $1,034.12 per month.
Commencement Date: February 3, 2005
Term: Three year term with two one-year options. February 3, 2005 - January 31, 2008.
City Business License #: 20005231
Hours of Operation: Seven days a week from 0500 - 0100.
Office Space Location: Suite A-100 —As shown on Exhibit "A" and wheelchair
storage area as shown on Exhibit "A-2"
-I-
TERMS & CONDITIONS
1. The term "Office Space Location"shall mean office space for use by Operator licensed
as operator providing airline porter services to airlines serving the Palm Springs
International Airport pursuant to this Agreement.
2. Additional space adjacent to "Office Space Location" may not be used by Operator for
any purpose without advance written approval from the Director of Aviation.
3. The Operator will not change hours or days of operation specified herein without prior
written approval from the Director of Aviation except during periods of extreme weather
conditions.
4. The Operator shall be responsible for all services provided by its personnel and shall
be responsible for properly securing "Office Space Location" and all items stored in
Operators space.
5. No changes or alterations shall be made to"Office Space Location", including physical
appearance or operational qualities of"Office Space Location"without prior written approval
from the Director of Aviation.
6. The Operator shall keep "Office Space Location" in excellent physical / operating
condition during the Agreement term. The Operator shall inspect "Office Space Location"
on a daily basis with respect to its cleanliness, operation, physical appearance, and
function. If repairs or maintenance are necessary, Operator shall immediately advise the
Airport Operations Center. The Operator shall be responsible for the cost of all
maintenance and/or repairs to damage to"Office Space Location"as a result of negligence
on the part of the Operator, its employees or agents.
7. The operations of the Operator, its employees, invitees and those doing business with
it shall be conducted in an orderly and proper manner so as not to annoy, disturb or be
offensive to others at the Airport. The City shall have the right to object to the Operator
regarding the demeanor, conduct and appearance of the Operator's employees, invitees
and those doing business with it, whereupon the Operator will take steps necessary to
remove the cause of the objection.
8. Per Title 49, Code of Federal Regulations (CFR), Part 1542 every Sterile Area Worker
(SAW)or workers requiring Security Identification Display Area (SIDA) badges must have
successfully completed a fingerprint-based Criminal History Records Check (CHRC).
9. In the use of the parkways, roads, streets, corridors, hallways, stairs and other
common areas of the Airport as a means of ingress and egress to, from and about the
Airport, and also in the use of portions of the Airport to which the general public is admitted,
the Operator shall conform and shall require its employees, invitees and others doing
-2-
business with it to conform to the Rules and Regulations of the Airport which are now in
effect orwhich may hereafter be adopted forthe safe and efficient operation of the Airport.
10. The Operator, its employees, invitees and others doing business with it shall have no
right hereunder to park vehicles at the Airport Terminal. Parking is via permit only in the
Employee Parking Lot. Parking forthe loading/unloading of equipment orsupplies must be
coordinated through the Airport Ground Transportation Center.
11. The Operator agrees to operate its business as a commercial Operator at the Airport
for the use and benefit of the public; to make available all facilities and services to the
public, without unjust discrimination; and to refrain from imposing or levying excessive,
discriminatory, or otherwise unreasonable charges or fees.
12. The Operator shall maintain during the term of the Agreement comprehensive general
liability insurance in a form and content satisfactory to the City written on a per occurrence
basis in an amount not less than $100,000 per person, $300,000 per occurrence, $50,000
property damage or a combined single limit of$300,000. Said policy shall name the City
and its officers, agents and employees as additional insured's. The Operator shall deliver
certificates of insurance evidencing the coverage required herein.
13. The Operator shall maintain fire and extended coverage insurance written on a per
occurrence basis on its improvements appurtenances, alterations, trade fixtures,
equipment, personal property and inventory within "Office Space Location" from loss or
damage to the extent of their full replacement value. Operator shall have the right to self-
insure the items so long as Operator maintains a networth satisfactoryto the City.The City
may require net worth documentation up to and including an audited financial statement.
14. The Operator shall maintain a policy of worker's compensation insurance in an amount
as willfully comply with the laws of the State of California and which shall indemnify, insure
and provide legal defense for both the Operator and the City against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker
employed by or any persons retained by the Operator in the course of conducting
Operator's business in or about "Office Space Location" and airport premises.
15. All of the policies of insurance required to be procured by Operator pursuant to the
Terms and Conditions herein shall be primary insurance and shall name the City, its
officers, employees and agents as additional insured's. The insurers shall waive all rights
of contribution they may have against the City, its officers, employees and agents and their
respective insurers. All of said policies of insurance shall provide that said insurance may
not be amended or canceled without providing 30 days prior written notice by certified mail
to the City. Prior to the effective date of this Agreement and at least 30 days prior to the
expiration of any insurance policy, Operator shall provide Citywith certificates of insurance
or appropriate insurance binders evidencing the above insurance coverage's written by
insurance companies acceptable to City, licensed to do business in the state where the
-3-
"Office Space Location" is located and rated A:VII or better by Best's Insurance Guide. In
the event the City determines that(i)the Operator's activities at the"Office Space Location"
create an increased or decreased risk of loss to the City, (ii) greater insurance coverage
is required due to the passage of time, or (iii) changes in the industry require different
coverage's be obtained, Operator agrees that the minimum limits of any insurance policy
required to be obtained by Operator may be changed accordingly upon receipt of written
notice from the City; provided that Operator shall have the right to appeal a determination
of increased coverage by the City to the City Council of City within ten (10) days of receipt
of notice from the City.
16. The Operator, as a material part of the consideration to be rendered to City under this
Agreement, hereby waives all claims against city for damages to equipment or other
personal property, trade fixtures, or improvements in, upon or about "Office Space
Location" and for injuries to persons in or about "Office Space Location" from any cause
arising at any time. The Operator agrees to indemnify the City, its officers, agents and
employees against, and will hold each of them harmless from, any and all actions, suits,
claims, damages to persons or property, losses, costs, penalties, obligations, errors,
omissions or liabilities that may be asserted or claimed by any person, firm or entity arising
out of in connection with the negligent performance of the work, operations, or activities of
Operator, its agents, employees, subcontractors,or invitees, provided for herein,or arising
from the use of"Office Space Location" by Operator or its employees and customers, or
arising from the failure of Operator to keep "Office Space Location" in good condition and
repair, as herein provided, or arising from the negligent acts or omissions of Operator
hereunder, whether or not there is concurrent passive or active negligence on the part of
the City, its officers, agents or employees but excluding such claims or liabilities arising
from the sole negligence orwillful misconduct of the City, its officers, agents or employees,
who are directly responsible to the City, and in connection therewith:
(a) Operator will defend any action or actions filed in connection with any of said
claims or liabilities and will pay all costs and expenses, including legal costs and
attorney fees incurred in connection therewith;
(b) Operator will promptly pay any judgment rendered against the City, its officers,
agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work,
operations or activities of Operator hereunder; and Operator agrees to save and
hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees are made a party to any
action or proceeding filed or prosecuted against Operator for such damages or
other claims arising out of or in connection with the negligent performance of or
failure to perform the work,operation oractivities of Operator hereunder, Operator
agrees to pay to the City, its officers, agents or employees, any and all costs and
expenses incurred by the City, its officers, agents or employees in such action or
-4-
proceeding, including, but not limited to legal costs and attorney fees.
17. The parties hereto agree that the State of California is the proper jurisdiction for
litigation of any matters relating to this Agreement, and service mailed to the address of
Operator set forth herein shall be adequate service for such litigation. The parties further
agree that Riverside County, California is the proper place for venue as to any such
litigation and Operator agrees to submit to the personal jurisdiction of such court in the
event of such litigation.
18. The Operator for itself, its successors in interest and assigns, as a part of the
consideration hereof, does hereby covenant and agrees that it shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this contract.The Operator
shall carry out applicable requirements of 49 CFR part 26 in the award and administration
of DOT-FAA-AIP assisted contracts. Failure by the Operator to carry out these
requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy, as the City deems appropriate.
19. Any notice given under the provisions of the Agreements shall'be in writing and shall
be delivered personally or sent by certified or registered mail, postage prepaid addressed
to Operator at the address set forth on page 1 of this Agreement and the City as follows:
Director of Aviation
Palm Springs International Airport
3400 E. Tahquitz Canyon Way, Suite OFC.
Palm Springs, CA 92262
20. The Operator shall promptly repair or replace any property of the Airport damaged by
the Operator's operations hereunder. The Operator shall not install any fixtures or make
any alterations or improvements in or additions or repairs to"Office Space Location"or any
property of the Airport except with prior written approval of the Director of Aviation.
21. The City shall have the right at any time and as often as it may consider it necessary
to inspect the Operator's operations and / or services being rendered, any activities or
operations of the Operator hereunder. Upon request of the City,the Operator shall operate
or demonstrate any displays owned by or in the possession of the Operator at the Airport
or to be placed or brought on the Airport premises, and shall demonstrate any process or
other activity being carried on by the Operator hereunder at the Airport. Upon notification
of the City of any deficiency in any operation, the Operator shall immediately make good
the deficiency or withdraw the machine or piece of equipment from service, and provide a
satisfactory substitute.
22. No signs, posters or similar devices shall be erected, displayed or maintained by the
Operator in view of the general public without advance written approval of the Director of
Aviation. Any unapproved signage may by removed by the Airport at the expense of the
-5-
Operator.
23. The Operator's representative herein before specified for such substitute as the
Operator may hereafter designate in writing, shall have full authority to act for the Operator
in connection with this Agreement, and to do any act or thing to be done hereunder, and
to execute on behalf of the Operator any amendments or supplements to this Agreement
or any extension thereof, and to give and receive notices hereunder.
24. For the rights and privileges set forth herein,the Operator shall pay in advance,without
deduction or offset, the City the monthly amount shown on page 1 of this Agreement. Said
amount shall be remitted to the City on the first day of each month for each month the
Operatorshall be operating "Office Space Location"at the Airport. For any period less than
a full month, the Operator's fee shall be prorated.
25. The Operator acknowledges that any payment to be paid by Operator not paid within
five (5) days of its due date shall be subject to a five (5%) late charge.
26. The Operator shall provide a security deposit. Said deposit shall be paid at the time of
the Agreement issuance. Upon termination of the Agreement and provided that all amounts
due the Airport are paid, and "Office Space Location" has been returned to the Airport in
the same condition as received by the Operator, subject to normal wear-and-tear and
exposure to weather conditions,the deposit shall be returned to Operator. In the event fees
are not paid or if"Office Space Location" is damaged, City shall have the right, but not the
obligation to draw upon the deposit to cover said costs. Upon the termination of the
Agreement any balance of the deposit not drawn against shall be paid to the Operator.
27. Operator shall comply with all of the requirements of all municipal, state and federal
authorities not in force or which may hereafter be in force pertaining to the use of"Office
Space Location" and the operations of Operator at the Airport.
28. Operator agrees to pay prior to delinquency all lawful taxes and assessments which
during the term hereof or any extension may become a lien or which may be levied by the
state, county, city,or any other tax-levying body, upon "Office Space Location"or upon any
taxable interest of Operator acquired under this Agreement, or any taxable possessory
interest which Operator may have in or to "Office Space Location" or by reason of its
occupancy thereof or operations thereon, as well as all taxable property, real or personal,
owned byOperatorin orabout"Office Space Location". Operator specifically acknowledges
thatthe interestgranted underthis Agreement may be subjectto possessory interesttaxes.
Upon making such payments, and upon request bythe City, Operator shall provide the City
a copy of the paid receipts and vouchers showing such payment. With respect to
assessments for improvements which are or may be payable in installments, Operatorshall
either pay the lump sum tax due or pay the installment portions as they become due. Even
though the term of this Agreement has expired, when final determinations is made of
Operator's share of such taxes and assessments, Operator shall immediately pay to city
-6-
the amount of any additional sum owed.
29. Operator shall provide a complete and proper arrangement for the adequate sanitary
handling of all trash and other refuse caused as a result of the operation of"Office Space
Location" and shall provide for its timely removal to the central collection point to be
provided by the City. Operator shall provide and use suitable covered fireproof receptacles
for all trash and other refuse on or in connection with "Office Space Location". Piling of
boxes, cartons, barrels, or other similar items in view of a public area shall not be
permitted.
30. In transporting merchandise, products,trash,and refuse associated with the operation
of "Office Space Location" to and from "Office Space Location", Operator shall use only
carts, vehicles, or conveyances that are sealed and leak proof.
31. Operator shall not assign this Agreement or sublet "Office Space Location" or any
interest therein, without the prior written consent of the City. Any assignment or subletting
without the consent of the City shall be void and constitute an incurable default hereunder.
32. This Agreement is a month-to-month lease, which may be terminated without cause
by either party at any time before the end of the term by giving written notice to the other
party not less than thirty(30)days priorto the requested termination date. In the event that
upon a termination of Operator's right to possession or upon the termination or expiration
of this Agreement Operator fails to remove from the "Office Space Location" any of its
property located thereon, which Operator is entitled or required to remove pursuant to the
terms of this lease,the City shall not be responsible forthe care or safekeeping thereof and
may remove any of the same from "Office Space Location" and place the same in storage
in a public warehouse at the cost, expense and risk of Operator with authority to the
warehouseman to sell the same in the event that Operator shall fail to pay the cost of
transportation and storage, all in accordance with the rules and regulations applicable to
the operation of a public warehouseman's business.
33. The occurrence of any one or more of the following events shall constitute a default
and breach of the Agreement by Operator: (a)the failure to pay any rental or other payment
required hereunder to or on behalf of the City more than three (3)days after written notice
from City to Operator that Operator has failed to pay rent when due; (b) the failure to
perform any of Operator's obligations hereunder(exclusive of a default in the payment of
money)where such default shall continue for a period of thirty(30)days after written notice
thereof from City to Operator which notice shall be deemed to be the statutory notice so
long as such notice complies with statutory requirements; (c)failure of Operator to operate
in "Office Space Location" for three (3) or more consecutive days or for a total of five (5)
days d uring a ny t hirty (30) d ay p eriod (September t hrough J une); (d) t he making by
Operator of a general assignment for the benefit of creditors; (e) filing by Operator of a
voluntary petition in bankruptcy or the adjudication of Operator as bankrupt; (f) the
appointment of a receiver to take possession of all or substantially all the assets of
-7-
Operator located at the Airport or of Operator's interest in "Office Space Location"; (g)the
filing by any creditor of Operator of an involuntary petition in bankruptcy which is not
dismissed within sixty (60) days. In the event of any such default or breach by Operator,
City shall have the right at any time thereafter to elect to terminate the Agreement and
Operator's right to possession hereunder.
34. Operator hereby acknowledges and agrees that the Agreement herein granted is not
an exclusive lease and the City shall have the right to deal with and perfect arrangements
with any other individual or individuals, company or corporation to engage in a like Operator
activity at the Airport. In the event that nay contract granted by the city to any other like
Operator shall contain any provisions more favorable to such Operator than the terms
herein granted,then, at the option of Operator which option shall be exercised by providing
written notice to City within thirty (30) days of the date Operator receives notice of such
more favorable provision,this Agreement shall be amended to include such more favorable
terms and any off-setting burdens that may be imposed on any such other like Operator.
The intent of this provision is to ensure that Operator is competing on as equal of terms as
possible with any additional Operator and, as a result, no other Operator shall enjoy any
rights, profits or conditions more favorable to such Operator than those enjoyed by
Operator.
35. The Operator, its agents and employees shall conduct and maintain a friendly,
cooperative though competitive relationship with its competitors operating on the Airport.
Operator shall not engage in open, notorious and public disputes, disagreements or
conflicts tending to deteriorate the quality of service of its competitors or be incompatible
to the best interest of the public at the Airport. The City shall have the right to resolve all
such disputes, disagreements, or conflicts and its determination shall be final.
36. This Agreement covers in full each and every agreement of every kind or nature
whatsoever between the parties hereto concerning this Agreement, supersedes any and
all previous negotiations,agreements and understandings, if any, between the parties,oral
or written, and merges all preliminary negotiations and agreements of whatsoever kind or
nature herein. Operator acknowledges that City or its agents or representatives have made
no representations or warranties of any kind or nature not specifically set forth herein.
-8-
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement
as of the date first written above.
- CITY OF PALM SPRINGS
-, ATTEST: a municipal corporation
By
it Clerk �I9 r ns.�� City Manager
�A
APPROVEDAS/TO,17,ORM:
City Attorney
CONTRACTOR: Check one:_Individual_Partnership_Corporation
Corporations rent If
Iwo notariz signatures: One from each of the following: A Chairman of Board, President,or any Vice
President AND B.Secretary, sistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer).
By: By: 1� 4z-Z,6-C.L�
Signature(nbtor-'/ed) Signature(notarized) rl
Name: .T1, `4/ -S A/c!/ Name: ii4-(7, Y%r-1 /L'10
i
Title: �/GI,Gr' H..f Title* -�
` p,
State of�.ti1� UPbV�� Slateof
County of S(m 6"CTMTJ\1\0 ss County of S6,w Q,Tvkafk\m ss
On t" t PU1)Sbefore me,_30 �, 6AU, On MQ&��)ibefore me,_ o&2 fir. \3+
personally appeared Jo,%QS 'Aoo'____ personally appeared
personally known to me(or pr m oved toe on the basis of personally known to me(or proved to me on the basis of
satisfactory evidence)to be the person(s)whose names) satisfactory evidence)to be the persons)whose names)
jet'are subscribed to the within instrument and acknowledged 1X/are subscribed to the within instrument and acknowledged
is me that"/she/they executed the same In Fhlher/thelr to me that he/eXb/they executed the same in his/Vr/their
authorized capaclty(les),and that by Pp/her/their signatures) authorized capacity(ies),and that by his/liar/their signature(s)
on the instrument the person(s),orthe entity upon behalf of on the instrument the person(s), orthe entity upon behalf of
which the persons)acted,executed the Instrument. which the person(s)acted,executed the instrument
WITNESS my had and official seal. W ITN ESS my hand and official sea].
Notary Signatu re \\\� Notary Signature:
Notary Seal: \U Notary Seal:
,IOSEPII V. PLAZA. {\� .•�, JOSCC'H V. PLAZf; Ll
r tv� n COMM..M 1415534
f C CilMM �Y L715..3h s
F �(ri. f701'ARY PUBLIC•p,ALIFORNIA
5 3- w%��• P;OTARV PUBLIC•CALIFORNIA r.,:. SAN BERNAROINOCOUNTV �+
SAN EERIdAR01N0 COUNTY n I— My Comm.ExpOes May 4,2007
•'u'7•,�,. My Comm.Expires May 4.2007 �'•R; Y .
*vw�--;wrr^r•�•'w-rvrwv—r;�c.r-d -9- +-wv-vvvvwwra-wwr+-`•�-v'wy'wwnvr-rd
EXHIBIT "A"
EXCLUSIVE USE SPACE
340 SQ. FT.
0
1
EXHIBIT "A-2"
EXCLUSIVE USE SPACE
181.5 SQ. FT.
Shaded area represents
area for v h aelchair storage.
181.5 S.F.
LU
3
City CoundI Minutes
February 2,2005
PaOe 3
ACTION: Approved Consent Agenda Item Nos. 1 (as amended), 2, 4, 5, 6, 8, 8.1, 8.2,
8,3. Motion Councilmember Foat, seconded by Councilmember Pougnet and
unanimously carried on a roll call vote.
1, ACTION: Approve Minutes from the a) October 27, 2004, b) November 10,
2004, c) November 17, 2004, d) December 15, 2004, e) January 5, 2005, f)
January 12, 2005, g) January 19, 2005, h) January 20, 2005, and i) January 26,
2005 City Council meetings. Approved as part of the Consent Agenda as
amended correcting the vote on the November 10 2004 minutes Items 1.A.,
1.16, and 1.0 to 4-1-0 with Councilmember Foat as voting no on those items
in the minutes; noting the abstention of Councilmember Foat on the
December 15, 2004 minutes, noting the abstention of Mayor Oden on the
October 27, 2004 and the November 17, 2004 minutes.
2. ACTION: Adopt Resolution No. 21194 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA PROCLAIMING
THE TERMINATION OF THE LOCAL EMERGENCY BY THE CITY MANAGER
ON DECEMBER 29, 2004 AND RATIFIED BY THE CITY COUNCIL ON
JANUARY 5, 2005." Approved as part of the Consent Agenda.
3, Approving Amendment No. 2 to Agreement No. 3613 with the Palm Springs Air
Museum for parcel Nos. 134 and 135 adding 9 acres to the leasehold in a form
acceptable to the City Attorney and subject to final approval by the Federal
Aviation Administration. A3613. See Extended Consent Agenda.
4. ACTION: Approve MO 7622, approving and adopting the specifications and
authorize advertisement for construction bids for the FY 2004/2005 Annual Slurry
Seal, CP 05-02. Approved as part of the Consent Agenda,
ACTION: Approve MO 7623, waiving the $1,000 fee for the rental of closed
Taxiway A at the Palm Springs International Airport, for use by the Palm Springs
Corvette Club on April 16 and 17, 2005, in exchange for promotional and media
coverage listing the City of Palm Springs and Palm Springs International Airport
as a sponsor. Approved as part of the Consent Agenda.
6. ACTION: Approve MO 7624, approving a lease agreement with Sierra Aviation
Group for the exclusive use of space at the Palm Springs International Airport
through January 31, 2008 with two (2) one-year options. A5033. Approved as
part of the Consent Agenda,
7. Amending and restating A4554 with the Palm Springs Unified School District
through June 30, 2006, for a full-time Family Intervention Officer (civilian) to
�
administer the school community policing y p g partnership grant. A4554. See
Extended Consent Agenda,
sr=
oQ,.a
f
}
MAR-03-2005 15:26 EMPIRE COMP P.01i01
AGM. CERTIFICATE OF LIABILITY INSURANCE , osioiz o)
.! PRODUCER (909)476-0600 FAX (909)476-0601 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
The Empire Company ONLY ANb CONFERS NO RIGHTS UPON THE CERTIFICATE
• 30201 Trademark tit. Suite D HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_
P.O. Box 5400
Rancho Cucamonga, CA 91729 INSURER$AFFORDING COVERAGE NAIC#
19SURRO West Aviation Services, Inc. & Gus, Inc. •INSURER A: Burlington Insurance Co.
DSA: Sierra Aviation INSURERS: Golden Eagle Insurance Corp.
2500 E. Airport Drive INSURERC: - - — -
Scottsdale insurance Co.
Suite 1312 1NSUWWM State Fund
Ontario, CA 91761 INSURER E.
COVERAGES ._
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANOING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
jNS ADD-L TYPE OF INSURANCE POLICY NUMBER PaLICYErFFOCOmO POLICY(MMI�Om)N LIMITS
GENERAL LIABILITY HGL0006119 05/01/2004 OS/01/2005 EACH OCCURRENCE 5 1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000
CLAIMS MADE OCCUR MEL)E%P(Any Cru PINO-) $ Excluded
A PERSONALLADVINJURY 5 1,000,000
GENERAL AGGREGATE �- $ 21000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG S 1x 000.000
POLICY��lECT I-^��LOC � •~�
AUTOMOBILE LIABILITY CBP9710519 05/01%2004 05/01/2005 COMEINED SINGLE LIMIT
-••"' (ES accident)
! ' ANY AUTO $ 1,000,000
X ALLOWNEDAUT09 ..
ODIIBODILY
nINJURY $
( B SCHEDULEDAUTOS `
X HIRED AUTOS BODILY INJURY
X NON-OWNEDAUTOg (Pereccident) S
PROPERTY DAMAGE _.....•...............-..•-
I (Per accidenQ 9
GARAGE LABILITY AUTO ONLY-EAACCIDENT $
I ANY AUTO OTHER THAN EAACC .S
AUTO ONLY;
_- AGG
EXQWS IUMBRELLALIABILITY XLS0017091 05/01/2004 OS/01/2005 EACHOCCURRENCE S 4.000,000
OCCUR El CLAIMS MADE AGGREGATE S 4�,000�000
C ...�.-.._... 5
DEDUCTIBLE S
I ` RETENTION $W + 5
ORKERS COMPENSAMON AND 1634211-D5 05/01/2004 05/01/2005 I TWO S ATU- I �OTH
ER
EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1 000,000
D, ANYPROMEMSERRGXCLVORJEXECUTIVE ,
OPFICEWMEMBER E%CLVOEg7 E.L.DISEASE-EA EMPLOYEE $ _-11 OOO 1000
-
SPECIAL PROVBIONSOel" E.L.DISEASE-POLICY LIMIT S 11000,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIO[IS I VEHICLES/EXCLUSION DDED BYENDORSEMENTISPEDNIL PROVISIONS
Agreement: Porter Services Space RentaI Lease Agreement
CERTIFICATE HOLDER CANCELLATION
i '
SHOULD ANY OF THE AEOVE OESORIBED POLICIES/GANGELLEDFORETHE
EXPIRATION DATE THEREOF,THE ISSUING INSUREROMAIL
City of Pallm Springs _ DAYS WRITTEN NOTICE
TO THE CERTIFICAT70THELEFT.Lawrence Wedekind BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSERLIABILITY
P.O. BOX 2743 OFAN�;KINDU THEINSURER,n$A0ENT5ORRPalm Springs, CA 92263 uYHOR1KCD RESENTAT \\
ACORD 25(2001I80) FAX: (760)318-3$15 OACORD CORPORATION 1988
TOTAL P.01
CONTRACT ABSTRACT
Contract
Company Name: Sierra Aviation
Company Contact: James Mog
Summary of Services: Non-Exclusive Operating & Lease Agreement
Contract Price: Revenue
Funding Source: N/A
Contract Term: 2/3/05 - 1/31/08
Contract Administration
Lead Department: Aviation
Contract Administrator: Barry Griffith
Contract Approvals
Council/ Community Redevelopment
Agency Approval Date: 2/2/05
Minute Order/ Resolution Number: MO 7624
Agreement No: A5033
Contract Compliance
Exhibits: Yes
Signatures: Yes
Insurance: Yes
Bonds: N/A
Contract prepared by: Barry Griffith
Submitted on: 3/4/05 By: Janet Buck