HomeMy WebLinkAbout00359 - PS AIRPORT LEASE CO TERMINAL BUILDING Proof of July 6, 1965 • 4R.Co. • Phone 627-9514
l� PALM SPRINGS AIRPORT LEASE CO,
P .S . Terminal Buildiirg Ground a�Sec,rr• ���� _ s
Lease
AGREEMENT Ik359 (Original) ➢ ------ _
Res #8444, 7-12-65
i{ THE PALM SPRINGS TERMINAL BUILDING GROUND LEASE
c�
f h /` f.`'da of - �-{`- -:----- 196_�., by% THIS LEASE, executed in duplicate as of the y
between PALM SPRINGS AIRPORT LEASE COMPANY, hereinafter so etimes referred to as
"Company", and the CITY OF PALM SPRINGS, a municipal corporation of the State of California,
hereinafter sometimes referred to as "City",
WITNESSETH:
WHEREAS, City is the owner of certain real property in the City of Palm Springs within the
present location of the Palm Springs airport, which real property is sometimes hereinafter referred
to as the "Site" and is more particularly described in Section I of this Lease; and
WHEREAS, City has prepared and its City Council has approved plans and specifications for
the construction of an airport terminal building and related facilities, hereinafter sometimes collectively
referred to as the "Terminal", on the Site;
NOW, THEREFORE, in consideration of the payment of rental and the performance of the
mutual promises and agreements herein contained at the time and in the manner specified, the parties
hereto agree as follows:
Section 1. Ground Lease.
For and in consideration of the sum of One Dollar ($1.00),receipt of which is hereby acknowledged,
City hereby leases to Company, for a term commencing on the date of execution hereof and ending
thirty (30) years after the commencement of the term of the lease-back to City set forth in Section 4
hereof, unless earlier ended as hereinafter provided (except in the case of a default by City as specified
in Section 13 hereof), that certain real property described as follows:
An irregular octagonal parcel of land in the W1✓z of the W1/z of Section 18, T4S, RSE, SEB&M,
Iocated in the City of Palm Springs, California, and described as follows:
Commencing at the mid section 1/4 corner located on the Westerly line of said Section 18,
which 1/4 corner is also the centerline intersection of El Cielo Road and Tahquitz-McCallum Way;
thence N 89' 56' 00" E along the Easterly prolongation of the centerline of said Tahquitz-
McCallum Way, a distance of 44.00 feet, to the True Point of Beginning; thence N 000 04' 00" W,
a distance of 130.00 feet along the Westerly boundary line of said parcel; thence N 55' 18' 58" E,
a distance of 651.30 feet; thence N 890 56' 00" E, along a line parallel to and 500.00 feet
perpendicular distance from the Easterly prolongation of the centerline of Tahquitz-McCallum
Way, a distance of 120.00 feet; thence S 400 25' 52" E, a distance of 393.73 feet; thence S 00'
04' 00" E along the easterly boundary line of said parcel, which line is parallel to and 911.00 feet
perpendicular distance from said Westerly boundary line of said parcel, a distance of 200.00 feet
to a point on said Easterly prolongation of the centerline of Tahquitz-McCallum Way; thence
continuing along said Easterly boundary line S 000 04' 00" E a distance of 200.00 feet; thence
S 40° 17' 52" W, a distance of 393.73 feet; thence S 89' 56' 00" W along a line parallel to, and
500.00 feet perpendicular distance from the said Easterly prolongation of the centerline of Taliquitz-
McCallum Way, a distance of 120.00 feet; thence N 55' 26' 58" W, a distance of 651.30 feet;
thence N 00' 04' 00" W, along said Westerly boundary line of the parcel described herein, a
distance of 130.00 feet to the True Point of Beginning.
Said parcel of land contains 14.60 acres more or less.
At the end of the term of this Lease, or upon any earlier termination thereof, or upon the payment
of all principal, interest and premiums, if any, or other sums so that any and all security devices and
I
Proof of July 6, 1965 • *Co. • Phone 627-9514
instruments filed with the City pursuant to Section 15 hereof shall be discharged, Company shall
dissolve. City may require said discharge at any time if City provides the Company the necessary
funds therefor subject to the terms of any security devices. Upon dissolution, liquidation, winding up of
Company, or upon abandonment, its assets remaining, after payment of, or provision for, all its debts
and liabilities, shall be distributed to City.
Section 2. Construction of Terminal.
City shall forthwith upon execution hereof deliver to Company possession of the Site and the plans
and specifications referred to in the recitals hereof. Company, unless it has heretofore done so, shall
proceed diligently to let a contract or contracts for the construction of the Terminal by a contractor
or contractors licensed under the laws of the State of California, all work, construction and materials
to be in accordance with said plans and specifications. Company may, in its discretion, let such
contract or contracts by open competitive bidding, selected competitive bidding, or by negotiation.
Construction of the Terminal shall be substantially completed within twelve (12) months of the date
of execution hereof; provided, however, that, with the consent of City, such date for substantial com-
pletion (hereinafter sometimes referred to as "completion date") may be extended, and provided
further that such completion date shall be extended for such further period not exceeding an
additional six (6) months in the aggregate that Company (or any contractor or contractors
employed by Company) is delayed by: (1) acts or omissions of City or of any employee or agent of
City (including changes ordered in the work), or (2) any act of God which Company could not
reasonably have foreseen and provided for, or (3) any strikes, boycotts or like obstructive actions by
employee or labor organizations which are beyond the control of Company and which Company cannot
overcome with reasonable effort and could not reasonably have foreseen and provided for, or (4) any
war or declaration of a state of national emergency, or (5) the imposition by government action or
authority of restrictions upon the procurement of labor or materials necessary for the completion of the
Terminal.
If upon the date of execution of this Lease there is any litigation pending relating to the validity
of this Lease or affecting the financing of the Terminal or any such litigation is commenced prior to the
letting of a contract or contracts for the construction of the Terminal, Company shall have no obligation
to let such construction contracts until any and all such litigation is finally terminated favorably to the
validity of this Lease or of the proposed financing of the Terminal. If any such litigation is pending
and unresolved fifteen (15) days after the execution of this Lease and no contract or contracts have
been let for the construction of the Terminal, Company may at any time thereafter, but not more than
sixty (60) days after the final termination of such litigation, at its sole option, terminate this Lease
by delivering written notice of such termination to City, and thereafter both Company and City shall
be relieved of any and all obligations hereunder. If the letting of a contract or contracts for the con-
struction of the Terminal is delayed by the pendency of litigation, the completion date shall be emended
by a period of time equal to such delay.
Section 3. flans, Specifications and Architect.
City has entered into an agreement with Donald A. Wexler (hereinafter sometimes referred to
as "Architect") for architectural and engineering services in connection with the Terminal, including
preparation of plans and specifications referred to in the recitals hereof.
Company shall use said plans and specifications and the services of said Architect in the performance
of the work of constructing the Terminal, including without limitation, the Architect's supervision
services. City shall pay said Architect for the cost of said plans and specifications and including
architectural inspection services and Company shall have no liability therefor. Company shall pay for
all inspection services if any other than architectural inspection services and testing of materials required
for said construction.
Company has not had any part in the preparation of the plans and specifications, has not checked
the same, and does not have personnel who are qualified and able to do so; and as a consequence
2
Proof of July 6, 1965 . Co. . Phone 627-9514 • 879 4.
Company is relying on City that said plans and specifications will be fit for the purpose intended, to
wit, the construction of the Terminal and related facilities. City hereby warrants that the plans and
specifications, which have been prepared by the Architect at the instance of City, are fit for the purpose
for which they are intended; and City shall keep, indemnify and hold Company and its directors, officers,
agents, servants and employees harmless against any and all liability to the contractor or contractors
who shall construct the Terminal, any and all subcontractors connected therewith, and any other third
parties, which may be caused by, result from or arise by reason of any error or mistake in, or the
inadequacy or inapplicability of said plans and specifications.
Section 4. Lease-Back to City—Maximum Term.
Company hereby leases back to City and City hereby accepts and rents from Company the Site
as improved by the construction of the Terminal for use for municipal purposes. The term of the lease-
back shall commence when Architect shall certify to Company and City that the Terminal is substantially
completed and available for occupancy but in no event later than twelve (12) months from the date
of execution hereof plus any extension of completion date provided for under Section 2 hereof. The
term of the lease-back shall be thirty (30) years, unless earlier ended as hereinafter provided.
Section 5. Rental.
For the period commencing with the beginning of the term of the lease-back to City, to wit: the date
on which City shall be served with written notice that the Terminal has been completed and is ready
for occupancy pursuant to Section 4 hereof, City agrees to pay for the use of the premises during each
of the following fiscal years rents at the following rates:
Fiscal Year Anneal Rental
1st (first complete fiscal year)------------------------------------- --------------------------------_. $ S5,000
2nd--- ---------- ------------- -------------- --------- ------------ --------------------------------------- --- 55,000
3rd - ----- ----------- ------ ------ ------ - -------- ------------------------- 90,000
4th--------- ----------- -------- ----------- ------ ------- - -------- ---------------- 95,000
5th---- - ------------------------------------ ------- ---------- -- - ---------------------------------------- 100,000
6th & thereafter-------- ------ ----------- ------------------------------------------------------- -- 103,000
provided that, if the rent does not commence on the first day of the City's fiscal year (July 1), rent
in addition to the rents specified above (commencing with the first full fiscal year) shall be paid.
In addition, and as a part of the rent, during the term of the lease-back to City, City agrees to
pay an amount equivalent to the following:
(1) all taxes and assessments of any nature whatsoever, including, but not limited to,
excise taxes, ad valorem taxes, ad valorem and specific lien special assessments and gross receipts
taxes, if any, levied upon the Site or upon said Terminal or upon Company's interest therein or
upon the operation thereof or the rental income derived therefrom, excepting state and federal
income taxes, and
(2) insurance premiums and charges for insurance specified or incurred pursuant to Sec-
tion 6 hereof,
said payments to be made within sixty (60) days after City has been furnished receipted bills or can-
celled checks showing payment by Company; or, in case Company does not have sufficient capital to
make said payments, Company shall furnish City with a certificate stating such fact and containing the
details as to the payments, and City shall pay the amounts involved to Company which shall then
make the proper payments. In the event that the liability of City for rent does not commence on
the first day of City's fiscal year (July 1), the rent to be paid for the remaining portion of the fiscal
year in which such liability commences shall be prorated and shall be paid within thirty (30) days
3
54
Proof of July 6, 1965 • to. . Phone 627-9514 � 8r' 90
following commencement of such liability, but in no event later than the next succeeding June 30.
During the remainder of the term of the lease-back to City, said annual rental shall be paid in advance
semi-annually on or before July 31 and January 31 in each fiscal year for the use of the premises
during said fiscal year. In the event this Lease expires or is terminated, or in the event the Terminal
becomes unusable, such above mentioned items of rent shall be prorated and any unused portions shall
be refunded to the City.
All of the above proration shall be made as follows: (i) insurance premiums upon the basis of
the period of time for which each such premium is paid, (ii) taxes and ad valorem special assess-
ments upon the basis of the fiscal year for which they were levied, (iii) specific lien assessments upon
the basis of the period of time that bonds would run in the event the property were in private owner-
ship and the assessments had not been paid in cash; and said prorated payments shall be made within
said sixty (60) days.
Any installment of rent accruing under this section which shall not be paid when due shall bear
interest at the rate of six per cent (6%o) per annum from the date when the same is due hereunder
until the same shall be paid. Notwithstanding any dispute between Company and City hereunder,
City shall make all rental payments when due and shall not withhold any rental payments pending
the final resolution of such dispute. In the event of a determination that City was not liable for said
rental payments or any portion thereof, said payments or excess of payments, as the case may be, shall
be credited against subsequent rental payments due hereunder.
Section 6. Insurance.
Provided such insurance is available from reputable insurers, Company shall, during the term
of the lease and lease-back, insure itself (or cause itself to be insured), against loss or damage to
the Terminal and such appurtenances and permanent equipment as are to be constructed by Company
hereunder resulting from fire, lightning, earthquake, vandalism, malicious mischief, and such perils
as are ordinarily included in "extended coverage" in an amount equal to the full insurable value of
said Terminal and appurtenances and permanent equipment, or the amount of Company's out-
standing bonds, whichever amount is the greater, provided however that the earthquake insurance
carried may be a five per cent (5%) or forty thousand dollars ($40,000) deductible policy, whichever
is smaller, and provided further that during construction such insurance shall be carried in completed
value form in an amount equal to 100% of the contract price less the value of the cost of clearing
and preparing the construction site, filling, grading and excavation. City shall be named as an additional
insured under such policies of insurance. Nothing herein shall be construed to require Company to carry
insurance with respect to equipment or fixtures not provided by the Company hereunder.
During the term of the within lease and lease-back, Company shall provide and keep in force
general public liability and property damage policies protecting both Company and City on forms and
in amounts satisfactory to each.
Company shall also carry such other insurance if available from reputable insurers, including
without limitation, business (rent) interruption insurance as may be required by the indenture or
other instrument, if any, securing or declaring the terms of any debt or borrowings by Company, all or
substantially all of the proceeds of which are to be used to finance the construction of the Terminal.
All premiums and charges for all of the aforesaid insurance, for any period commencing with the
date of the lease-back, shall be paid to Company in accordance with the provisions of Section 5. Any
such premium for a period only partly within such period shall be prorated.
Section 7. Changes in Plans and Specifications.
No changes shall be made in the plans and specifications as finally approved by the City Council
of City, unless such changes are approved in writing by the City Manager on behalf of City and the
architect on behalf of Company. Such changes shall not change the rental payments as herein provided.
4
Proof of Judy 6, 1965 • 'ZB.Co. 9 Phone 627.9514 879111
Section 8. Changes after the Completion of the Terminal.
After the completion of Terminal, City shall not make any changes or alterations in the Terminal
and shall not make any additions thereto, except with the written consent of Company and upon such
terms as may then be agreed upon. This shall not prevent City, without obtaining Company's consent,
from temporarily affixing personal property and fixtures to the Terminal, providing City shall repair
any damage thereto when such property is removed.
Section 9. Title to Property.
Title to the Site shall remain in City subject to the terms and conditions of this Lease. Title to
the Terminal and its appurtenances and all structural additions thereto and all fixtures, equipment and
apparatus placed therein by Company, shall remain in Company during the term of this Lease and
shall vest in City at the end of said term. Title to all personal property and fixtures placed in the
Terminal by City shall remain in City.
Section 10. Utilities, Management, Operation and Maintenance.
City shall furnish, or cause to be furnished, the source of all sewer, water, power, gas, telephone
and other utility services to the point of connection thereof, as shown by said plans and specifications.
The purpose of this provision is to require that City shall furnish the foregoing to the extent that the
furnishing thereof is not required under the plans and specifications.
As long as City is in the possession of the Terminal, it shall keep the Terminal free and clear of
all liens, charges and encumbrances (except any arising through Company) and shall have the respon-
sibility for all management, operation, maintenance and repair of the Terminal, including without
limitation janitor service, power, gas, telephone, light, heating, air-conditioning, water, and all other
utility services. City in its discretion may discharge such responsibility by (1) using its own employees,
or (2) contracting for services, or (3) subleasing all or parts of the Terminal, or (4) by any combination
of said methods, No such contract or sublease shall place a greater burden on Company than provided
herein, nor infringe rights granted to or retained by Company hereunder, nor violate or in any way
impair Company's obligations tinder the indenture or other instrument, if any, securing or declaring
the terms of any debt or borrowings by Company, all or substantially all of the proceeds of which are
to be used to finance the Terminal. in exchange for the rentals herein provided, Company does not
agree to provide anything more than the Terminal as herein defined.
Section 11. Damage by fire, Earthquake, Etc.
It is expressly understood and agreed that the rental hereunder shall become due only in considera-
tion of the right to occupy and use the Terminal, and, except as herein provided, it is the responsibility of
Company to provide such right at all times.
In the event of destruction or damage to the Terminal by fire or earthquake or other casualty or
event so that it becomes wholly or partly unusable, Company at its option may do either of the following:
(1) Rebuild and repair the Terminal so that it shall be restored to use, in which case the
lease shall remain in full force and effect. Any excess of insurance proceeds resulting from such
destruction or damage (other than business [rent] interruption insurance) over the amount expended
for such repairing or rebuilding, shall be paid to City, or
(2) Declare the lease to City terminated and use any money collected from insurance against
the destruction of or damage to the Terminal to the extent necessary to retire any outstanding
securities or any debts or liabilities which Company may have, provided, however, that if the
Terminal can be repaired or rebuilt within the period for which Company has insurance against
business (rent) interruption, and if Company shall have sufficient funds from the proceeds of
insurance or otherwise for the necessary repairing or rebuilding, Company shall not proceed under
this option without the City's consent.
5
Proof of July 6, 1965 • *Co. • Phone 627-9514 � 8791/'
During such time as the Terminal is unusable, rent shall cease. No further rental payments shall
accrue until such building is again ready for occupancy and rental payments already made, if any,
shall be equitably abated and adjusted accordingly. In the event of partial damage to, or destruction of,
the Terminal, so as to render a portion thereof unusable by City, such rental payments (including those
already made, if any) shall be abated during the period of the partial unusability of the Terminal in
the proportion which the portion of the Terminal not usable by the City bears to the whole of the Terminal.
Section 12. Condemnation.
In the event that the entire Terminal or so much thereof as to render the same unusable for the
intended purposes is condemned in fee for a more necessary public use (if such contingency is or may
become possible), City shall receive any condemnation award for the taking of the land, Company shall
receive any condemnation award for the taking of improvements, and this Lease shall terminate. In
the event a lesser estate in the entire Terminal is condemned (if such contingency is or may become
possible), this lease shall not thereby be terminated, but City shall receive any condemnation award
for the temporary taking of the land and Company shall receive any condemnation award for the
temporary taking of improvements, and such award to Company shall be in lieu of rent as provided
for herein for the period for which the Terminal is condemned, and City shall be relieved of any
obligation hereunder to pay rent for such period, and, in the event City has prepaid rent for such period,
Company shall reimburse City in the amount thereof.
Section 13. Default by City.
If (a) City shall fail to pay any rental payable hereunder within fifteen (15) days from the date
such rental is payable, or (b) City shall fail to keep any such other terms, covenants or conditions herein
for a period of twenty-five (25) days after written notice thereof from Company to City, or (c) City
shall abandon or vacate the premises, or (d) City's interest in the lease-back or any part thereof shall
be assigned or transferred without the written consent of Company, either voluntarily or by operation
of law, or (e) City shall file any petition or institute any proceedings wherein or whereby City asks or
seeks or prays to be adjudicated a bankrupt, or to be discharged from any or all of its debts or obligations,
or offers to City's creditors to effect a composition or extension of time to pay City's debts, or asks,
seeks or prays for a reorganization or to effect a plan of reorganization, or for a readjustment of City's
debts, or for any other similar relief, or (f) any such petition or any such proceedings of the same or
similar kind or character shall be filed, instituted or taken against City, then in any of such events
City shall be deemed to be in default hereunder.
If City should, after notice, fail to remedy any default with all reasonable dispatch, not exceeding
thirty (30) days, then Company shall have the right, at its option, without any further demand or notice
(i) to terminate the lease-back without terminating the lease and to re-enter the premises and eject all
parties in possession thereof therefrom, using all necessary force so to do, or (ii) to re-enter the
premises and eject all parties therefrom, using all necessary force so to do, and, without terminating
the lease-back, re-let the premises, or any part thereof, as the agent and for the account of City upon
such terms and conditions as Company may deem advisable, in which event the rents received on such
re-letting shall be applied first to the expenses of re-letting and collection, including necessary renovation
and alteration of the premises, a reasonable attorney's fee, and any real estate commissions actually
paid, and thereafter toward payment of all sums due or to become due to Company hereunder, and if
a sufficient sum shall not be thus realized to pay such sums and other charges, City shall pay Company
annually any cumulative net deficiency existing on the date when annual rental is due hereunder. The
foregoing remedies of Company are in addition to and not exclusive of any other remedy of Company.
Any such re-entry shall be allowed by City without let or hindrance and Company shall not be liable
in damages for any such re-entry or be guilty of trespass.
It is understood and agreed that the leased premises constitute a portion of the Palm Springs
Municipal Airport, which is a public airport as defined in the Federal Airport Act, as amended [49
G
8` 9'-7
Proof of July 6, 1965 • J.B.Co. • Phone 627-9514
USCA 1101, et seq.]. Said airport is subject to the provisions of applicable State and Federal statutes
and regulations, and to the terms of a certain Surplus Deed from the United States to the City of Palm
Springs, dated September 15, 1949, and to the terms and provisions of certain Grant Agreements
whereby the said airport was developed or improved with Federal participation tinder the Federal-aid
Airport Program. It is accordingly understood and agreed that, if and in the event Company should
re-enter and possess the premises as provided in the preceding paragraph, Company's occupation,
operation, and management thereof shall be in accordance with all terms and provisions of the afore-
mentioned statutes, regulations, Surplus Deed, and Grant Agreements, and of such further Grant
Agreements as may hereafter be entered into between the City and the United States pursuant to the
foregoing. City, whether or not in default of its obligations hereunder, hereby reserves and retains all
rights, privileges, power, and authority as may be necessary or appropriate to assure that the occupancy,
management, and operation of the leased premises, whether by City or by Company, shall be in accord-
ance with the terms and provisions of the aforesaid statutes, regulations, Surplus Deed, and Grant
Agreements.
Section 14. Arbitration.
All controversies arising out of the interpretation or application of this Lease, or the refusal of
either party to perform the whole or any part thereof, may, if both parties then elect, be settled by
arbitration in accordance with the provisions of this Section. In such event, the controversy shall be
submitted to one (1) arbitrator agreeable to both parties or to a board of three (3) arbitrators which
shall be appointed one (1) by Company, one (1) by City, and the third by the first two. The party
desiring arbitration shall notify the other party by written notice stating the following: (1) that it
desires arbitration, (2) the controversy to be arbitrated, (3) that it has appointed its nominee, and
(4) that it requests the other party to appoint its nominee. If the other party accedes to arbitration it
shall, within thirty (30) days from receipt of said notice, so notify the noticing party and appoint its
nominee. If both parties cannot agree on one arbitrator, then, within fifteen (15) days after the last
party has appointed its nominee, the two nominees shall appoint the third. The arbitrator or arbitrators
shall be disinterested, which term shall, without limiting its generality, be deemed to more particularly
mean that to the extent to which the restriction is applicable, none of the arbitrators shall be an officer
or employee of, or have contractual or other relations with either party and shall not be deemed to
mean that none of the arbitrators can be either a citizen, resident, tax payer or voter in the City. The
arbitrator or arbitration board shall hold at least one (1) hearing and at least ten (10) days before
said hearing shall give each party written notice thereof, The arbitration shall be restricted to matters
that are stated in the notice requesting arbitration. The arbitrator or arbitration board shall have no
authority to add to or subtract from this Lease. Each party shall be given an opportunity to be heard
and to present evidence. Upon the conclusion of the hearing or hearings, the arbitrator or arbitration
board shall reduce his or its findings of fact, conclusion of law; and the award to writing, and shall
sign the same and deliver one (1) signed copy thereof to each party. Such award shall be final and
binding upon both parties. If there is an arbitration board, a majority finding shall govern if the
arbitrators' determination is not unanimous. City shall pay all expenses of the arbitration proceedings.
The award or decision of the arbitrator or arbitrators may be entered as a judgment in any court having
jurisdiction so to do. Such arbitration shall be conducted in accordance with the rules of the American
Arbitration Association then in force, except as hereinabove otherwise expressly provided.
Section 15. Mortgage of Leasehold.
Company shall not assign or transfer the performance of its duties and obligations hereunder without
the consent of City. Company may, however, without the consent of City, give, assign, transfer, mortgage,
hypothecate, grant control of or encumber Company's interest under this Lease (particularly, but
without limitation to, the right to receive rental payments) and the leasehold estate hereby created
to any bona fide lender or lenders (including purchasers or holders of notes, bonds or other obligations
of Company) on the security of the leasehold estate, and Company may execute any and all instruments
7
Proof of July 6, 1965 . .Co. • Phone 627-9514 87954:
in connection therewith necessary and proper to complete such loan and perfect the security therefor to
be given such lender or lenders including, without limitation thereto, instruments providing for the
paying of rent directly to a trustee for such lender or lenders. Any such lender or lenders may be granted
the right at any time during the term of the loan, and prior to the termination of this lease:
(a) To do any act or thing required of Company in order to prevent a forfeiture of Company's
rights hereunder, including the completion of construction, and all such acts or things so done
shall be as effective to prevent a forfeiture of Company's rights hereunder as if done by Company.
(b) To realize on the security of the leasehold estate and to acquire and succeed to the
interest of Company hereunder by foreclosure or by a deed or assignment in lieu of foreclosure, and
thereafter at such lender's option to convey or assign the interest or title to said leasehold estate
to any other person subject to all the terms, conditions and covenants of this Lease.
Two (2) copies of any and all security devices or instruments shall be filed with City two weeks
prior to the effective date thereof, and Company shall give City prior written notice of any changes or
amendments thereto.
Section 16. Access to Premises.
Company and its designee shall have the right to enter the premises during reasonable business
hours (and in emergencies at all times) (i) to inspect the same, and (ii) for purposes connected with
Company's rights or obligations hereunder.
Section 17. Notices.
Any notices or filings required to be given or made under this Lease shall be served, given or
made in the following manner: upon City by serving the City Clerk personally or by registered
mail addressed to the City Clerk, City Hall, Palm Springs, California, or such other place as may
hereafter be designated in writing by City, and upon Company by registered mail addressed to Com-
pany at such place as Company shall hereafter designate in writing.
Section 18. Section headings, Severability.
Paragraph headings contained herein are for convenience and reference and are not intended to
define or limit the scope of any provision of this Lease.
If any section, subsection, sentence, clause or phrase of this Lease, or the application thereof to
either party or any other person or circumstance, is for any reason held invalid, it shall be deemed
severable and the validity of the remainder of the Lease or the application of such provision to the
other party or to any person or circumstance shall not be affected thereby.
8
t Proof of July 6, 1965 0ko. • Phone 627.9514 • 87954
IN WITNESS WHEREOF, Company has caused this Lease to be executed in duplicate by its
President and Secretary, and City has caused this Lease to be executed in duplicate by the Mayor and
attested by the Clerk thereof.
PALM SPRINGS AIRPORT EASE COMPANY
(SEAL) -
- - By
i Presid nt
BY
saffetaly
CITY OF PALM SPRINGS
(SEAL)
By ,�✓ a %�
Mayor
F. D. ALESHIRE
City Clerk �3
Byi c.-tG2
APPROVED AS TO FORM:
City Attorney nn
By
APPROVED BY THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS ON:
July 12, 1965
........................ ----- ------------...,..........
F. D. ALESHIRE
City Clerk �f
9
' Proof of July 6, 1965 . PCo. • Phone 627-9514
STATE OF CALIFORNIA J SS.
COUNTY OF RIVERSIDE
. '
On this .: ....._.. day of ... 1943 before me ....... a Notary Public
in and for said State, personally appeared and
known to me to be respectively the Mayor and City Clerk of the City of Palm Springs, California, one of
the corporations that executed the within instrument and known to me to be the persons who respectively
executed and attested the within instrument on behalf of such corporation and acknowledged to me
that such corporation executed the same.
WITNESS my hand and official seal. p
(Seal)
YVONNE POST
- � My Commission Expires May 2G, 1963
\ V Notary Public in and for the State of California
tlORNIA =
COUNTY
STATE OF CALIFORNIA SS.
COUNTY OF RIVERSIDE
On this "day of 196,#, bef/o�re me .... .__........_---__..__........ a Notary Public
in and for said State, personally appeared f J�u q�J1 Q u -_.< .._. and ...�:..tl:. az[ !�i ........
known to me to be respectively the President andIgUetary of Palm Springs Airport Lease Company,
one of the corporations that executed the within instrument and known to me to be the persons who
executed the within instrument on behalf of such corporation and acknowledged to me that such
corporation executed the within instrument pursuant to its by-laws and a resolution of its board of
directors.
WITNESS my hand and official seal.
(Seal)
YVONNE POSE'
••• 0,11...
L . My Commission Expires May 2G, :196s
8 Notary Public in and for the State of California
'C c rORNna
.,. F•/' t -0 OFFICE IN
w o
19 a
W 6� U u c Y `o�
F€t'
rc r O '
? 'nd � 5'J
i` iPa
Pn
Q,eoedin od. tdeatiiy Uy
ii O
Fyc;ot7 Y aszlg„ �
f ftLn.,= W "'.l Ol o a LL
Tj[Iv" no tong"nG y14.'rJ( Of
ryUsnhe Cr
RESOLUTION N0, 8444
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING
THE PALM SPRINGS TERMINAL BUILDING GROUND
LEASE,
WHEREAS there has been presented to the Palm Springs City
Council a ground lease entitled "The Palm Springs Terminal
Bui.ld5:nt Ground Lease," and �
WHEREAS, the City Council has heretofore approved the plans
and specifications referred to in said Ground Lease.
i
NOW THEREFORE the City Council of the City of Palm Springs
DOES HEREBY RESOLVE AND DETERMINE as follows :
Section 1. That the City Council hereby approves said Ground
Lease and the Mayor of the City of Palm Springs is authorized
to sign and the City Clerk of said City is authorized to attest
the same.
ADOPTED, SIGNED AND APPROVED this 12th day of July, 1.965.
Mayor of the City of
Palm Springs, California
ATTEST:
City Clerk of the City of
Palm Springs, California.
-0-
I, ith Sumich, Deputy City Clerk of the City of Palm Springs,
Cal�*�-ornia, do hereby certify that the foregoing resolution was
duly adopted by the City Council of said City at a meeting thereof
on the 12th day of July, 1965.
JUDITH SUMICH
Deputy City Clerk