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Home My WebLink About1/12/2005 - STAFF REPORTS (2) DATE: January°5;2005 C^-`(�U E:�fC" 1 CSC)f • TO: City Council FROM: Director of Aviation AMENDMENT#2- SIGNATURE FLIGHT SUPPORT RECOMMENDATION: It is recommended that the City Council approve Amendment No.2 to Agreement No. A4821 between the City of Palm Springs and Signature Flight Support, Inc. SUMMARY: This action will allow for the building department approval of the construction of executive hangars on the Signature Flight Support leasehold for Parcels 3 and 6 by allowing a variance from the Building Department which requires a "no-build"area, additional setback requirements and a designated "access way" in order to satisfy building code restrictions. BACKGROUND: Agreement No. A4821 was approved by the City Council on January 21, 2004 and Amendment No.1 was approved by City Council on October 20, 2004. and as • indicated, Parcels 3 and 6 as referenced and described within this agreement and subsequent amendment are being utilized for the construction of an aircraft hangar complex. Said complex includes sixteen (16) individual hangars, located in two (2) separate structures which are separated by an aircraft access way. This access way is ninety(90)feet in width between the two (2)structures which is sufficient width to allow for aircraft access to either hangar structure. Amendment No. 2, which supercedes Amendment No. 1, is now needed in order to satisfy a setback requirement which is (20) feet in width, measured from the entirety of the east and north boundary lines of Parcel 3 and 6. This will allow compliance with California Building Code Section 311, 503 and Table 5-A, incorporated as the Palm Springs Building Code pursuant to P.S.M.C. 8/04.010. Each of these areas shall be considered a "No Build Area" and no structures of any type shall be constructed. Building Department officials directed this setback requirement and have approved this Amendment which addresses this code issue. The Airport Commission previously approved of these lease improvements under the Signature lease and recommends City Council approval. A Minute Order is attached for City Council consideration. • 1 Signature Flight Support (A4821) Amendment No. 2 October20, 2004 Page 2 7EZL RICHARD S WALSH, Director of Aviation APPROVED City Manager ATTACHMENTS: 1. Minute Order 2. Amendment No.2 REVIEWED BY DEPT.OF FINANCE I � � AMENDMENT NO. 2 TO LEASE WITH SIGNATURE FLIGHT SUPPORT CORPORATION FOR FIXED BASE OPERATOR(FBO) SERVICES This AMENDMENT NO. 2 TO LEASE #A4821 WITH SIGNATURE FLIGHT SUPPORT CORPORATION FOR FIXED BASE OPERATOR(FBO) SERVICES ("Amendment No. 2") is made and entered into this day of January, 2005, 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 the Palm Springs International Airport("Airport"), as more specifically described in the Agreement; WHEREAS, on October , 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, after further review of the proposed construction on Parcels 3 and 6, the City's Building Director discovered the need to increase the Access Way area to restrict construction within twenty feet (20') north and east of Parcels 3 and 6 to assure compliance with Palm Springs Building Code setback requirements,measured from the lot line of Parcels 3 and 6; WHEREAS, the parties wish to amend the Agreement pursuant to the terms of this Amendment No. 2, superseding Amendment No. 1 in its entirety, to designate the restricted building setbacks. 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: 1. Amendment to Section 2.4. Section 2.4 of the Agreement entitled "Executive Hangars (Parcels 3 and 6)" shall be amended to add the following clause immediately following the existing language in such Section 2.4, with all such existing language remaining unmodified and in full force and effect: ". . . . The Executive Hangars include sixteen (16) individual - hangars, located in two (2) separate structures (one structure on Parcel 3 and one on Parcel 6), which are separated by an aircraft • access way located between Parcels 3 and 6 ("Access Way"), as such Access Way is more specifically depicted by the shaded area 0100310022/36740.01 shown on Exhibit `B", attached hereto and incorporated herein. This Access Way is ninety (90) feet in width between the two (2) hanger structures, which is sufficient width to allow for aircraft access to each hangar structure, and twenty (20) feet in width, measured from the entirety of the east and north boundary lines of Parcels 3 and 6 to comply with the setback requirements under California Building Code Sections 311, 503 and Table 5-A, incorporated as the Palm Springs Building Code pursuant to P.S.M.0 Section 8.04.010. Tenant hereby acknowledges and agrees that the Access Way is a "No-Build" area, meaning that no structures of any kind whatsoever shall be permitted to be built or otherwise placed within the Access Way. Tenant further acknowledges and agrees that the Access Way shall serve as joint access for each structure comprising the Executive Hangars on Parcels 3 and 6 as well as general aviation or other aeronautical access at the Airport. 2.. Exhibit "B". The first page of Exhibit "B" entitled "Lease Property Plot" attached to the Agreement shall be replaced by Exhibit `B", a copy of which is attached hereto as Exhibit "B", with all portions of the following page, labeled Exhibit `B-1" attached to the Agreement, remaining unmodified and in full force and effect. 3. Amendment No. 1. The parties agree that this Amendment No. 2 supersedes Amendment No. 1 in its entirety. i 4. Due Execution. The person(s) executing this Amendment No. 2 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 No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound. 5. Full Force and Effect. The parties further agree that, except as specifically provided in this Amendment No. 2, the terms of the Agreement shall remain unchanged and in full force and effect. [SIGNATURES ON NEXT PAGE] 2 1\ W 01003/0022/36740.01 • 12/21/2004 16: 11 FAX 949 223 1180 ALESHIRE & WYHDER, LLP IM 004/005 • 1N WI'I'Nl,'SS W11F.1.21;01", tits parties have executed and enterd into this Amendment No. 2 as of the date first written above,. CITY OF PALM SPRINGS, a municipal corporation A'17EST: �;Y —._ .. _............- —...., — City Manag,ar — - —.................. ....,........ _.. City Clerk A,PPPROVU, A, TO F(. M• .��.. City A torney, CONTRACTOR: Check one: „ Individwil_Parinorship . Corporation Cot'pOrations rec}ult'i� Iwo notarized Sl(:palpres: One from each of the following: A. Chuirnrw oY I3onni, President. or any Vice President: AND 11• Secretary, Assistant .Scet'ctary. "Irumsttrer, A."iAanl 't 1'CaSln�l'1', or (I)ICI' I'Inancall Officer). • f3Y; . _ .........--'-............... :'g .by; ...,- 5i unlure�( tarized)t1P _,....... Signature (notarized) N.une: �w_......._ Name: --.... ..,.--................ Title: Title: -- ..,,....._.. Sluts of__.. ... . ...._— .) State of ___........... . County ool... .... i County of'„ .� On - 2004 bet'ore me, On ..............._._............ 200.4 before tile, Personally personal y ppeamd --..� P :..... _ .. appeared .-- - --......... Personally known to tnc or roved to ntc on the personally kl*>wn to e (01'_.....o ; t I � > me (rn• proved to rile on the hask of satisfaetory evidence) to he the person(S) basis of satisfactory evidence) to be Hu person(s) whose nante(s) Ware slbscribcd to the within whose naini;(3) is/arc suhsci'ibed to the within instrument and acknoivIodged to me that he/she/they instrument :rod acknowiedged to me that exccutcd the. same in his/her/their authorized he/she/they executed the same in his/her/their capacity(ics),and that by his/hcrltlteir sittnature(s)on authorizes{ ca?acity(ict), and that by his/her/their the instrument, the pceson(s), or the utility upon signature(s) o-i (lie instrument the person(s), or the behalf of which the person(s) acted, executed the entity upon tchalr of which the perunt(s) anted, instrument. executed the instrument. WITN1$S my hand and official seal, W1'rNli:>5 m:,hand:and official w, il. Notary Signature: --- Notary Signature: ..._..........._......_ • Not:uv Seah Notary Seal: A� p 01003/00222/367d10.01 --- _ — — EXHIBIT"B" LEASE PROPERTY PLOT NOT TO SCALE GRAPHICAL REPRESENTATION ONLY xzlz inn, Ro / J 10 20' 's J haIG Road FUTURE TIE DOWNAREAPARCEL 01-2 PARCEL 10 PARCEL PARCEL3 13 PARCEL ............................ u ii fuf nrrfi aa1 Al Shad.°Gina eiauvGa" w PARCEL , 1 a PARCEL U 7 PARCEL r yis �� A. 14 a 8 Irk h ! PI PARCEL E�•• va •�u'a^v...n J 12 A1aBGG Wry Civic GWa Camh o 9omben NEW CORPORATE FACILITY �I p PARCEL PARCEL PARCEL T do r EXISTING CORPORATE FACILITY � i0im FLI GHT 8 U P P 0 RT f 1wb MINUTE ORDER NO. 7609 APPROVING AMENDMENT 2 TO AGREEMENT 4821 BETWEEN THE CITY OF PALM SPRINGS AND SIGNATURE FLIGHT SUPPORT CORPORATION, INC., FOR THE CON- STRUCTION OF EXECUTIVE HANGARS FOR PARCELS 3 AND 6 A04821 I HEREBY CERTIFY that this Minute Order, approving Amendment 2 to Agreement 4821 between the City of Palm Springs and Signature Flight Support Corporation, Inc., for the construction of executive hangars for Parcels 3 and 6, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 121h day of January, 2005. JAMES THOMPSON City Clerk