HomeMy WebLinkAbout10/20/2004 - STAFF REPORTS (5) J
DATE: October 20, 2004
TO: City Council
FROM: Director of Aviation
AMENDMENT NO. 1 - SIGNATURE FLIGHT SUPPORT CORPORATION, INC.
RECOMMENDATION:
It is recommended that the City Council approve Amendment #1 to Agreement #
A4821 between the City of Palm Springs and Signature Flight Support, Inc.
SUMMARY:
This action will assure compliance with setback requirements of the Building
Department through designation of a"no-build"area and designated"access way"in
order to satisfy building code restrictions.
BACKGROUND.
Agreement No. A4821 was a pproved by the City Council on January 21, 2004.
Parcels 3 and 6 as referenced and described within this agreement and subsequent
amendment are being utilized forthe 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. This access way shall be considered a"No
Build Area"and no structures of any type shall be constructed. Additionally,this area
serves as joint access for each hangar structure.
The legal descriptions for parcels 3 and 6 property lines are not separated in a
mannerwhich meets City's building codes. While this type of Airport construction has
other governing parameters which would prevent any structure to be built between
the parcels, the Building Department will need to assure compliance with setback
requirements under the City's building code in order for construction to begin.
Amendment No. 1 addresses these issues and will track with the lease agreement for
future reference.
The proposed amendment was developed in concert with the Building Department
and the City Attorney. The Airport Commission previously approved of these lease
improvements under the Signature lease and recommends City Council approval of
Amendment No. 1 to Agreement No. A4821.
A Minute Order is attached for City Council consideration.
Signature Flight Support (A4821)
Amendment No. 1
October 20, 2004
Page 2
E/ /
RICHARD S WALSH, A.A.E.
Director of Aviation
APPROVED` c ���_
City Manager
ATTACHMENTS-
1. Minute Order
2. Amendment No.1
C:Tocuments and Settings\LawrenceW\Local Settings\Temporary Internet Files\OLKI]8\Signature_Amendment
01_A4821_1020041.wpd
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AMIENUMF,NT NO. I TO I,EASE WITH STGNATURL PLIGHT S(A'Powl-
CORPORATION FOR FIXED EASE OPERATOP. M SERVICES'
This ANTENDI`ILNT NO- I TO LEASK ##A4921 117TT7 SIGMAFURH PLIGHT SUITOR-l'
CORPORATION FOR FIXED BASE OPERATOR (1130) SERVICES ("Aniendnient Na 1") is
made and cntt•red into this _ day of Octnher. 2004, by and between the CTTX OF I'ALM
SPRINCiS. a California municipal Corporation ("Cal}'' ) and SIGNA (LIRE FLIGHT SUPPORT
C'CIRPORATiON, it Delaware C'urporation
RECITALS
WHh;RI:'AS, on January 21, 2004, Cif} and 'Tenant entered into that certain Loam c With
Signature plir,ht Support Curporatiu❑ For Piscd fuse: Operator (FBO) Services ("Agreement'-).
for Tenant's lcasc and operation Of ils FIX) at the Palm Springs Inlumational Airport ("Airporl").
as more specifically dcscrihed in the Ag•camenE;
WHHRHAS, in accordance with the krms of the Agreement, I'cnant, ihuingb its auihuri/cd
APbuuntraclor, wishes to commence constructing improvements at the Airport on Parcei5 .q and 6;
and
WIIEREAn, the parties discovered the need to resiriet coil su•uetinn on Parcels 3 and 6 to assure
that appropriate and adea)tltlte access to the stttitenu'cs being corm th•uelcd thereon and dctined as
tfic EXel,ulive Hangars in Elie Agrcenlerlt exits at the Access Way_ as such term is defined
lu:rein;
WI IEREAS, the parties wish to amend the Agrecnmcnl pursuant to the terms of this ArTlundnwtit
to designate the resu•icicd Access Way, as such tcmi is defined herein.
A G R F F,fvlENT
NOW, •1'I R'.RFFOR1:"', in consideration of the mijtuaI Pro ill 15eti oI'the parties 11urc(u and li)r other
good and valilltble consideration, the receipt and SuFficieney of which is hereby achnowled.yed•
C'ily and 'l'e,nant agree as follows:
I, Arncntiment to Section 2.4. Section 2.4 of'the Agreeme•il entitled "E,,=udve fIanears
(Parcels 3 and 6)" :,haul be amvnded to add the following ulatise immediately fbiluwirw the
existing language in quell Section 2.4, with all such existing; language rcmaininG, untmldified aamci
in full force and cflect:
The Executive I•langat;h include si\tcnn (16) individual
hangars, located in two (2) aeptrale structures (tine structure on
Parcel 3 and one on Parcel 6), which arc scparatLd by an airclaft
access way located bctwcen Parcels 3 and b ("Assess Way"), as
such Access Way is more npeoi(ieally depicted in the shaded area
balwccn such parcels in K%hibit 13" altachud hereto and
incorporated herein. "I his Access Wtly iti ninety (y,O) Icct ill width
between the two (2) shuutw'c,5, wlticb is sufficictr width to allow
Cor aircitut access to cithcr hangar su•ucture- ren.lnt hereby
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ackII0Wlcdgcs and agrees ]hut the Access Way i5 a "No-Build"
area, meaninc, that nn ,yfrtwttucti 01-any kind whatsoever shall he
pormowd to be built or ntlltrwitic placed within the Access Way.
Tenant further a 0o.)Wlodgt:s and agrees Iln1t the Access Way elattll
serve as joint access I(Ir UaWlt Structure cnmprisin4; Ilic l',xecutivc
Hangar- Lin 1101•cels a' and ti as well us general aviation or other
ac1'omaitical access at the Airport-
2- Exhibit "C3'. 'I'•Ite flt'St page of Exhibit "13" entido;(I '`Lease Property Plot" attached w the
Agreement shall be replaced by Exhibit " W' A copy of• N'ltich is mlach(-d hereto as Exhibit "R",
with all purliens Of the 1'011uwing page, labeled [:phi(>il, "R-1" .tltuclIed to thu Icase remaining
unmodified and in hill fbrcc and coact,
3, 1)tiL C;, y uli(m- The person(s) executing this Amendtncr l No. 1 on behalf of the parties
hereto warrant that (i) such party is duly nrnanixod and existing, (ii) they are duly aulh(?f'izad t0
execute and deliver this Amundnlcnt No, 1 nn behalf 0f said party', (iii) by no exuculing this
Amendment No, I, such party is I1?rmu ly bvund to the provision:; of this Amoridlncnt No. 1, and
(iv) the cntcring into this Arnandntcnt No- I does rM violate any provision of any othu
agreement to which said party is bound.
4. 1 u11W r?rLtL end Effect. The parties fur(her agree that, e\;cpt as apcuilically pr)vi(Icd irl
this Ameadalenl No. I, the terms of lvu Agivornent shall remain .mchanged and in full fi)roc and
effect,
f SIGNATURFS ON NFIXT PAU'l
0 100 li0021 S Sll7s 01
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IN WITNESS WHEREOF, the parliey have eXc¢ulcd ilnd entered into this Amcodnwnt No, I os
of 111c date 111 t written above.
CITY OF PALM SPTtINGS,
a municipal eorpora6m
ATTFST By;
City Munagcr .._
City Clerk
Ai'I' MILT AS KO I RM/, /
�iiy Attorney
CONTRACTOR: C.'huul< uno; Individu,d _ •1',Irincrship_('nrpnrarnn
l'urpuratiuns rcyuirc Ueo nuRlrir,�d si},;nanlrca: Qnr tmm each of the folluwu)5: A. Chairnl.ul of$o,ud, 1'ru5ldont.
nr any Viec President' AND 15. Sceictary. Assislont Secretary, Treasurer, i\sisltutc I'lettrut'ur, rn• ('11ml'hil7pinclal
Q f110e1),
13y: _ , Rv:
Signature biomnvcd)� �Iy,IlaLt rc(nnLariYud)
Name .... _ Name:
idle; 'Fillu;
State or ) State of�,�, _+
C"uunl) of. .__ County ul )
On _ 2004 be Pnrc nlc, Qn 2001 before Elie.
.,, pc•rsunally ---_ _---- _ pcnnnally
appeared appr,:red.
personally known lu me (or proved lu me on the personally [c.)nwn trl ma (Or pruned m lu e On the
havit ill' $,ulsl:u'Inry' evidence) to he the petsun(s) basic Of:,.a;s Llctcry c�idmce) to ba Ulu perm)NO
whnsc uamc(5) Ware subscribed to the within whoa numc(s) isl:lre suhserlbcd to the wuhin
instrumcnl and ,mknowicdi cd to me thrd hemieAhcy insmiment and aclaiowledjpd to mu that
cNecuted the s%nmv In ns/her/their authorized leMle/Ihev c,ecuded the same in his/h Cr/tl)eII,
capacity(ius), and that by hiY/her/Ihulr bi}tn:dure(s)on authorized c31)aciy(ies). and lhd b)• 111SAICrAl1C1r
the im1rumcnl the pereml(e), or the entity upon signaturc(s) on the instrument Lie perwn(�), Or the
behalf of nhtch the persuo(s) acted, ceucutud the cnlily upon behalf nE which the person(s) acted_
instrun)cnt. executed the instrument.
W IT16SS illy hand and official.vaal. WITNESS nry hmid eud official sc�rl.
Notary Signarura: - Notary Signature:
NuLary Sc;;I; Notary Seal.
i
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EXHIBIT"B"
LEASE PROPERTY PLOT
NOT TO SCALE
CiWPHICAL REPRESENTATION ONLY
I
--nI6�_.26' 710,,
"No Build"
Access
Way
— •xrunr .. �J
FUTURE TIE DOWN AREA
PARCEL
PARCEL -
1
1�
f'ARCCL PARCEL 3 PARCEL 6
1a
PARCEL ......•--•-_
..... ---------- G7AXiWAY'C
i ISJ/LJ�
eloxnn•+�nve
m
w PARCEL
PARCGL ca 7 PARCEL C'AM2CCL �
14 w 8 u
PARCEL . ... ..................... ;
12
NEW CORPOR ATE FACILITY
PARCEL PA 2CCL PA RCf_L
EXISTMG CORPORATE FACILITY
F4IGNTStlPPOQT - -
MINUTE ORDER NO
APPROVING AMENDMENT NO. 1 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. 1 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 20'h day of October, 2004,
PATRICA A SANDERS
City Clerk