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Home My WebLink About1/5/2005 - STAFF REPORTS (6) DATE: January 5, 2005 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. 3/� Signature Flight Support (A4821) Amendment No. 2 October 20, 2004 Page 2 RICHARD S WALSH, Director of Aviation APPROVED°Z City Manager ATTACHMENTS: 1. Minute Order 2. Amendment No.2 REVIEWED BY DEPI OF FINANCE 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. I to the Agreement ("Amendment No. V) 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, TIIEREFORE, 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 01003/0022/36740.01 �� 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. I in its entirety. 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 0 1 0 0 3/0 0 22/3 6 740AI 10 12/21/2004 16: 11 FAX 949 223 1190 ALESHIRE & WVNDER, LLP 1004/005 IN WITNESS WhII,f,12..1: C)r, fit(:, Ptfl-HCs 11 lVC executed and entCl-nd into this Amundmenl No. 2 as of the date first written alcove. CITY OF PALM SPRINGS, e MltniCipAl CUrl]orM1011 City Manager [lily l;,ln-Ic ROV1,11 A, TO F1 ' C'il ,t �M/� Lorna} CONTRAC,roR: Checkotle: Individual r'arutursirip„ Clat-poratiorl Col'p0rations rrryuire: IWo nulari2C[I slj„1laftu'cs' (Aie from caech of the following; A. (:dtairmau of I3o;u-d, I'residenl. or any Vice Ilresident: AND If, Secretary, Awe Cant ScCNUWy, 't'1'Cnsurer, A."Ntant 'IYeaStu'Cr, or Chief Financial ()rrieer'). Fay; (iy, _........ Sid*,nature (oolnircd) SI,uaLure•(no(miIcd) Mime: Numc .......... .. . -...-. _.. 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WFI'NFSS illy hand told official stal, WI'I-NI;;SS m;' hand and afficietl se:d, Notary Signaturc[ Notary Sipnaturl:: Notate Seal: Notary Seal: 3 EXHIBIT"B" LEASE PROPERTY PLOT NOT TO SCALE GRAPHICAL REPRESENTATION ONLY 20' 26' 7'10" 20' "tJo Build". Access . . ' FUTURE TIE DOWNAREA PARCEL 01-2 i, PARCEL 10 ::PARCEL PARCEL3 PARCEL 13 ° PARCEL ••-----•-•- S ! -------------- s _ ..................a I rastc., PARCEL PARCEL PARCEL PARCEL 8 314 PARCEL -:________ 12 AVallon Way .. Cam amv on.. NEW CORPORATE FACILITY PARCEL PARCEL PARCEL vlkY 1 2 4 i _• , EXISTING CORPORATE FACILITY FLIGHT SUPPORT \� l n MINUTE ORDER NO APPROVING AMENDMENT NO. 2 TO AGREEMENT NO. A4821 BETWEEN THE CITY OF PALM SPRINGS AND SIGNATURE FLIGHT SUPPORT CORPORATION, INC. I HEREBY CERTIFY that this Minute Order, approving Amendment No. 2 to Agreement No. A4821 between the City of Palm Springs and Signature Flight Support Corporation, Inc., was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 5" day of January, 2005. KATHIE HART City Clerk