HomeMy WebLinkAbout04974 - PSP HANGARS I LLC SUBLEASE SIGNATURE FLIGHT SUPPORT CORPORATION NON DISTURBANCE AGREEMENT AIRPORT PSR= Hangars I LLG
• • Sublease & Consent
Signature Flight A4821
AGREEMENT#4974
MO 7561, 10-06-04
SHORT FORM MEMORANDUM OF SUBLEASE
AND CONSENT
THIS SHORT FORM MEMORANDUM OF SUBLEASE is made and entered into as of
the _a_ day of , 2004, by and among SIGNATURE FLIGHT SUPPORT
CORPORATION, a Delaware corporation, with its principal office located at 201 South Orange
Avenue, Suite 1100, Orlando, Florida 21801 ("Landlord"), and PSP HANGARS I LLC, a
Colorado limited liability company, with its principal offices located at 2939 Ohio Way,Denver,
Colorado 80209 ("Tenant").
RECITALS:
A. Landlord and the City of Palm Springs, California, entered into a Lease with
Signature Flight Support Corporation For Fixed Base Operator (FBO) Services At The Palm
Springs International Airport dated January 21, 2004 ("Master Lease").
B. By Ground Sublease Agreement having a Contract Date of July 6, 2004
("Sublease"), Landlord has demised and sublet to Tenant, and Tenant has sublet from Landlord
the real property in the City of Palm Springs, California, legally described in Exhibit A attached
hereto ("Property"), which is the property identified as Parcel 3 and Parcel 6 of the Master Lease.
C. Landlord, Tenant and Palm Springs desire to provide record evidence of Tenant's
interest in the Property and to place of record certain terms and conditions of the Sublease.
NOW, THEREFORE, in consideration of the recitals set forth above and the mutual
covenants and agreements contained herein,the parties hereto hereby agree as follows:
1. Landlord does hereby demise and lease the Property unto Tenant, and Tenant
does hereby accept such demise and lease, to have and hold for the Term (as defined below)
upon the terms and conditions set forth in the Sublease.
2. The term of the Sublease and of this Short Form Memorandum of Sublease (the
"Term") commences on October 4, 2004, and, unless earlier terminated in accordance with the
terms of the Sublease, shall continue through May 31, 2044, subject to certain extension rights as
set forth therein.
3. In addition to those terms referred to above, the Sublease contains numerous other
terms, covenants, conditions and provisions which affect the Property and notice is hereby given
that reference should be had to the Sublease directly with respect to the details of such other
terms, covenants, conditions and provisions. Copies of the Sublease are maintained at the offices
of Landlord and Tenant as set forth above. This Short Form Memorandum of Sublease does not
alter, amend, modify or change the Sublease in any respect and is executed by the parties hereto
for the purpose of recordation in the real estate records of Riverside County, California, to give
notice of, and to confirm the Sublease and all of its terms to the same extent as if all of the
provisions of the Sublease were fully set forth herein. The parties hereto ratify and confirm the
Sublease as if the Sublease were being re-executed by them and recorded. In the event of any
conflict between the provisions of this Short Form Memorandum of Sublease and the Sublease,
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the provisions of the Sublease shall control. This document may be signed in counterparts all of
which, when taken together, shall constitute the original.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Short Form
Memorandum of Sublease as of the date first set forth above.
LANDLORD:
SIGNA URE FLIGHT SUPPORT
APPROVED AS TO FORM: CORPO TION, a Delaware corporation
ill 1064
LEGAL DEPT. By:
Its: Vie P
o n armer
t. Operations
TENANT:
PSP HANGARS I LLC, a Colorado limited
liability company
By:
Its: � MANti.
T
CONSENT OF THE CITY OF PALM SPRINGS, CALIFORNIA
The City of Palm Springs, being the lessor under the Master Lease described above, does
hereby consent to the Sublease.
CITY OF PALM SPRINGS:
ATTEST: k a municipal corporation
�VAity Clerk City Manager '
APPROVEDOZ)
By.7
City Attorney
605742.1 2
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STATE OF FLORIDA )
ss.
COUNTY OF ORANGE )
The foregoing instrument was acknowledged before me this J Bl`�" cYay of A)02,1
2004, by Ca- .d 6 . ��A4 as �,�. (1Q�/li pr,gn behalf of SIGNATURE
FLIGHT SUPPORT CORPORATION, a Delaware corporation.
Witness m hand and official seal. °Y�"% •
Y ate ae- •• DONNA MCGILL
k5 Commission#DD0181403.7
E �P,-' Expires 1/30/2007
My commission expires: i�3i1��i1 7 ' Bontled lhrou0h
;(8U0-432-4254) Flend3. . . Notary Assn.,Inc.
/y .. ..:
C1241-a
Notary Public
STATE OF COLORADO )
CITY AND ) ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this /�l day of
2004, by Michael Dunn as Manager of PSP HANGARS I LLC, a Colorado limited liability
company.
Witness my hand and official seal.
My commission expires: ��3
Notary Public
ELU TliC3MAS
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 08/31/2007
605742.1 3
10/28/2004 4'05 PIA 212638-055
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _day of
2004, by as of the CITY OF
PALM SPRINGS, a municipal corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
605742.1 4
10/28/2004 4.05 PM 212638-055
EXHIBIT A
Legal Description of the Property
Real property in the City of Palm Springs, County of Riverside, State of California, described as
follows:
A portion of the North '/2 of Lot 2 of the Northwest quarter 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 described as follow:
PARCEL 3:
In the City of Palm Springs, County of Riverside, State of California; that portion of the
Northwest one-quarter of Section 18, Township 4 South, Range 5 East, S.B.M., described as
follows:
Commencing at the West one-quarter corner of said Section 18;
Thence North 00'11'09" east along the Westerly line of said Northwest one-quarter a distance of
1619.81 feet to the true point of beginning;
Thence continuing along said Westerly line North 00011'09" East a distance of 305.00 feet;
Thence South 89°49'31" East a distance of 228.86 feet;
Thence South 00' 11'09" west a distance of 305.00 feet;
Thence North 89°49'31" West a distance of 228.86 feet to the true point of begimning.
PARCEL 6
In the City of Palm Springs, County of Riverside, State of California;
That portion of the Northwest one-quarter of Section 18, Township 4 South, Range 5 East,
S.B.M., described as follows:
Commencing at the West one-quarter corner of said Section 18;
Thence North 00'11'09" East along the Westerly line of said Northwest one-quarter a distance of
1619.81 feet;
Thence continuing along said Westerly line North 00'11'09" East a distance of 305.00 feet;
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•
Thence South 89°49'31" East a distance of 228.86 feet to the true point of beginning;
Thence continuing South 89°49'31" East a distance of 135.00 feet;
Thence South 00°l 1'09" West a distance of 305.00 feet;
Thence North 89°49'31" West a distance of 135.00 feet;
Thence North 00°l 1'09" East a distance of 305.00 feet to the hue point of beginning.
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PSP Hangars I LLC
Non Disturbance Agreement
AGREEMENT#4974
MO 7561, 10-6-04
NON-DISTURBANCE AGREEMENT
THIS NON-DISTURBANCE AGREEMENT is made this 6L—" day of October, 2004 by and
between THE CITY OF PALM SPRINGS, a California municipal corporation ("Authority") an
PSP Hangars I LLC, a Sigwaturc Fliqht Signature Fliqht Supped Corporation ("Sublessee").
'Colorado lumted liability company
WHEREAS, Authority is the owner of certain real property located in Riverside County,
California, which property is subject to a certain lease ("Prime Lease") dated January 21, 2004
by and between the Authority as Lessor and SIGNATURE FLIGHT SUPPORT CORPORATION
as Lessee; and
WHEREAS, Sublessor and Sublessee are about to enter into a sublease of a part of the
premises which are the subject matter of the Prime lease (which sublease is attached hereto as
Exhibit A and is herein after referred to as the "Sublease"); and
WHEREAS, the parties hereto desire to assure Sublessee's possession of the premises
which are the subject matter of the Sublease upon terms and conditions therein set forth
irrespective of the termination of the Prime Lease, subject to the terms herein.
NOW, THEREFORE, in consideration of the covenants hereinafter set forth and of
Sublessee entering into the S ublease, the parties hereto do hereby agree as follows:
1. The Authority consents to the execution and delivery of the Sublease in the form
attached hereto as Exhibit A.
2. Provided the Sublease has not theretofore been terminated by Sublessor, in the
event of the termination of the Prime Lease before the expiration of the term of the Sublease, for
any reason other than the default of Sublessee, the Sublease shall continue as a lease between
the Authority as Lessor and Sublessee as Lessee with the same force and effect as if the
Authority as Lessor and S ublessee as Lessee had entered into a I ease as of the date of the
termination of the Prime Lease containing the same terms, covenants and conditions (including
renewal options) as those contained in the Sublease for a term equal to the then unexpired term
of the Sublease. This provision shall not apply and the Sublease shall terminate as specified in
the Prime Lease if the Prime Lease is terminated under Section 13 therein [avi ation-related
termination purposes].
3. Notwithstanding any provision in this agreement, any provision of the Sublease
shall be subordinate to any inconsistent provision in the Prime Lease and Sublessee shall not
be entitled to any right or remedy against Authority, its officers, employees or agents for any
refusal by Authority to comply with such inconsistent provision in the Sublease.
4. From and after any such termination of the Prime Lease:
a. Sublessee will attorn to the Authority, and the Authority will accept such
attornment, subject to the provisions of Sections 2 and 3 above;
b. The Authority will have the same remedies for the breach of any
agreement contained in the Sublease which Sublessor had or would have had if the Prime
Lease had not been term inated;
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5. Sublessee shall have the same remedies against the Authority for the breach of
an agreement contained in the Sublease that Sublessee would have had against Sublessor if
the Prime Lease had not been term inated.
6. No modification or amendment of the Prime Lease entered into by the parties
thereto in substitution or replacement thereof shall be valid or binding as against the S ublessee
without its prior written consent thereto, which consent shall not be unreasonably withheld.
7. Any notice or demand under the terms of this Agreement shall be in writing and
shall be given or made by mailing to the same by registered or certified mail addressed to the
respective parties at the addresses set forth opposite their signature below.
8. No modification, amendment, waiver or release of any provision of this
agreement shall be valid for any purpose unless in writing and duly executed by the party
against whom the same is thought to be asserted.
9. This agreement shall be binding upon and shal I inure to the benefit of the parties
hereto and their respective hei rs, legal representatives, successors, assigns and sublessees
and shall be governed by the laws of the State of California.
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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.
' city Clerk C( G City Manager
1�
APPROVfA3,,
By
City Attorney — 1 A- / 7
A PbXXRAQ QR: C � �C LrMli&� LigBi��TyCoMPk �
/L GF�ILTs.4C7�R: Check one. Individual Partnership_Corporation
Corporations regulre two nota zed signatures: One from each of the following: A. Chairman of Board President, or any Vim,
President:AND S.Secre ry, s istant Secretary,Treasurer Assistant Treasurer or Chief Financial Officer).
By. 4 By
/ Signature'(notarizod)' / Signature(notarized)
Name: MIGN-,get & • -bvb y Name.
Title MAN"A"'g Title
State of Lm } Slate of
County of -% ^+ �ss County of Iss
On k i V- before me. S,4w� before me,
Personally appeared personally appeared
personally known to personally known
me(or proved to me on the basis of satisfactory evidence)to to me(or proved to me on the basis of satisfactory evidence)
be the person(s)whose name(s)Is/are subscribed to the to be the person(s)whose name(s)Ware subscribed to the
within instrument and acknowledged to me that he/she/they within instrument and acknowledged to me that he/she/they
executed the some in his/hedthelr authorized capacity(ics), executed the same in his/her/their authorized capacity(tes),
and that by his/her/their signature(s)on the instrument the and that by his/her/their signature(s)on the instrument the
person(s),or the entity upon behalf of which the person(s) person(s) or the entity upon behalf of which the person(s)
acted executed the instrument. acted executed the instrument.
WITNESS my hand and offclal seal WITNESS my hand and official seal.
Notary Signature Notary Signature:
Notary Seal: Notary Seal
STEVEN SANTAELLA
NOTARY PUBLIC
STATE OF COLORADO
My COMMissidn Expires 04/17/2007
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