HomeMy WebLinkAboutContracts & Agreements_95-2000Recording requested by
and when recorded mail to
City Clerk
City of Redlands
PO Box 3005
Redlands, CA 92373
Recorded in Official Records, County of
San Bernardino Larry Walker, Recorder
Doc No. 20000351727
2:25pm 09/27/00
q 699
No fee
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01QUIC U
PER GOVERNMENT CODE
LEASE OF PROPERTY SECTION 6103
LOCATED AT REDLANDS MUNICIPAL AIRPORT
This lease agreement for property located at the Redlands Municipal Airport ("Lease") is
made and entered into this 5th day of September, 2000, by and between the City of Redlands, a
municipal corporation ("City"), and Coyote Aviation, a Nevada corporation ("Tenant")
RECITALS
Whereas, City is the owner of certain real property commonly known as the Redlands
Municipal Airport which is generally located at 1633 Sessums Drive, Redlands, California (the
"Airport"), and
Whereas, Tenant has made a proposal to lease certain property located at the Airport for the
purpose of constructing and operating an aviation complex, and City desires to lease such property
to Tenant, all on the terms and conditions hereinafter set forth, and
Whereas, Tenant and City previously entered into a lease ofthe property identified herein and
located at the Airport on April 4, 2000, and the parties now wish to rescind that lease and enter into
this new lease in its place.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of
Redlands and Coyote Aviation hereby agree as follows
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EXAM
AGREEMENT
1 Premises City hereby leases to Tenant that certain real property located at the Airport
consisting of approximately 36,000 square feet and which is more particularly described in Exhibit
"A" attached hereto and incorporated herein by this reference (the "Property")
2 Term. This lease shall remain in full force and effect until Apnl 4, 2020 at which
time it shall terminate, unless extended as otherwise provided herein
2 1 Tenant shall have two (2) successive options for extending the Term of this Lease
for periods of fifteen (15) additional years each Provided Tenant is in compliance with all terms
of the Lease, Tenant may exercise such options by providing written notice to City forty-five (45)
days prior to the termination date of this Lease Any extension of the Term of this Lease pursuant
to this section shall be on the same terms and conditions contained in this Lease
3 Rent During the Term of this Lease, Tenant shall pay to City annual base rent in the
sum of five thousand seven hundred twenty-four dollars ($5,724 00) for the Property (the "Rent")
The Rent shall be increased every three-year period on the anniversary date of this Lease by the
percentage increase in the Consumer Price Index for Los Angeles - Riverside - Orange Counties
The Rent shall be paid to City in equal monthly installments, each installment payable in advance
on the first day of each month during the Term of this Lease Rent for any partial month, if
applicable, shall be prorated based on the actual number of days of the month All Rent shall be paid
to City at the following address City of Redlands. P 0 Box 3005, Redlands, CA 92373 Any Rent
payment not received by City by 5 00 p m on the tenth day of the month in which it is due shall
incur a late charge of twenty-five dollars ($25)
3 1 Notwithstanding any other provision of this Lease the Rent required to be paid by
Tenant shall be subject to adjustment at the commencement of the 30th near of the Term of this
Lease (if Tenant exercises the first option provided for in this Lease) The adjustment in Rent shall
be based upon an appraisal of the fair market rental value of the Property, and shall be applicable to
all square footage of the Airport then leased by Tenant under this Lease, and any other Lease
resulting from Tenant's exercise of the options granted by this Lease Notwithstanding any other
provision of this Lease, the adjustment pursuant to this subsection shall not exceed ten percent (10%)
of the then -existing rent
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4. Option for Additional Propertv. During the Term of this Lease, Tenant shall have the
following` two options to lease additional property located at the Airport
A. For a period of five (5) years terminating on April 4, 2005, Tenant shall have the
right to additionally lease, at the rate of $0 159 per square foot, the property co isisting of
approximately 17,658 square feet and more particularly described in Exhibit "B," attached hereto and
incorporated herein by reference Such rent shall be subject to automatic increases every third year
during the term of such additional lease by the percentage increase in the Consumer Price Index for
Los Angeles - Riverside - Orange Counties
B Fora period of ten (10) years ternunating on April 4, 2010, Tenantshall have the
right to additionally lease, at the rate of $0 159 per square foot, the property consisting of
approximately 45,603 square feet and more particularly described in Exhibit "C," attached hereto and
incorporated herein by reference. Such rent shall be subject to'`autoatic increases every third year
during the term of such additional lease by the percentage increase in the Consumer Price Index for
Los Angeles - Riverside - Orange Counties.
5 Security Deposit. Tenant has deposited with City a security deposit equal to three
(3) months Rent m the sum of one thousand four hundred thirty one dollars (the "Security Deposit")
If at any time during this Lease any of the Rent payable by Tenant to City becomes overdue, City
may m its sole discretion apply the Security Deposit to the payment of the overdue Rent. In such
event, Tenant shall promptly, on receipt of written demand by City, restore the amount of the
Security Deposit so applied Tenant's failure to restore the Security Deposit within fleh 1 5) days
after receipt of the written demand of City shall constitute a material breach ofths Lease,
5, Should Tenant at any time during this Lease default in the performance of ay of the
terms, covenants or conditions of this Lease, City may, after terminating this Lease, apply any
portion of the Security posit, up to the whole amount of the Security Deposit, to compensate City
for damages caused by Tenant's breach
5 2 Should Tenant fully and faithfully perform all the terms, covenants and conditions
of this Lease, City shall, on expiration or earlier termination of this Lease, tenni the full ount
of the Security Deposit, without interest. to Tenant in accordance with the provisions of Ca_hfornia
Civil Code Section 1950 7
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6 No Partnership of Joint Venture Nothing in this Lease shall be construed to cause
City in any way or for any purpose, to be a partner, point venturer or associate in any relationship
with Tenant other than that of Landlord and Tenant, nor shall this Lease be construed to authorize
either party to act as agent for the other
7 Termination. Either party may terminate this Lease as provided below
7 1 City may terminate this Lease upon Tenant's failure to cure any Tenant Event of
Default within thirty (30) days after City provides by certified mail, return receipt requested, written
notice of default to Tenant setting forth in general terms the action necessary by Tenant to cure the
Event of Default As used herein, "Tenant Event of Default" shall mean nonpayment of Rent, or any
portion thereof, Tenant's failure to construct and complete the improvements required to be made
by Tenant under this Lease, the occurrence of any of the events described in Section 24 of this Lease,
or any other material breach of any obligation imposed on Tenant under this Lease City may
additionally terminate this Lease for any other cause recognized by law
7 2 Tenant may terminate this Lease upon City's failure to cure any City Event of Default
within thirty (30) days after Tenant provides by certified mail, return receipt requested, written notice
of default to City, setting forth in general terms the action necessary to cure the Event of Default
As used herein, "City Event of Default" shall mean the material breach of any obligation imposed
upon City under this Lease
8 Use of Property. The Property shall be used by Tenant for operation of an aviation
complex and specifically the sole purposes described in the "construction and aviation operations
plan" attached hereto as Exhibit "D" which is incorporated herein by this reference Tenant shall not
use the Property, or any part thereof, for any other purpose without the prior written consent of City
8 I Notwithstanding any other provisions of the Lease, Tenant shall not engage in the
construction of fuel storage tanks. operate any fuel storage facilities or sell any fuel, without the prior
written consent of City through written amendment to this Lease
8 2 Tenant shall not commit nor permit to be committed, any waste upon the Property,
or any nuisance or other act which disturbs the quiet enjoyment of any other tenant at the Airport
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9 Environmental Laws Tenant shall not engage in any activity on or about the
Property that violates any Environmental Law and Tenant shall promptly, at Tenant's sole cost and
expense, take all investigatory and remedial actions reasonably required by City, or required by any
government agency, for clean-up and removal of any contamination involving any Hazardous
Material created, caused or materially contributed to, either directly or indirectly, by Tenant The
term "Environmental Law," as used herein, shall mean any federal, state or local law, statute,
ordinance or regulation pertaining to health, industrial hygiene or the environmental conditions on,
under or about the Property, including without limitation, (i) the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U S C Section 9601 et seq
(n) the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U S C Section 6901 et
seq , (111) California Health and Safety Code Section 25100 et. seq., (iv) the Safe Dnnking Water and
Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249 5 et seq , (v) The
Federal Water Pollution Control Act, 33 U S C Section 1151 et seq , (vi) The Porter -Cologne Water
Quality Control Act, California Water Code Section 13000 et seq., and (vii) California Civil Code
Section 3479 et seq., as such laws are amended from time to time, and the regulations and
administrative codes applicable thereto The term "Hazardous Material," as used herein, includes
without limitation any material or substance which is (a) defined or listed as a "hazardous waste,"
"extremely hazardous waste," "restrictive hazardous waste" or "hazardous substance," or considered
a waste, condition of pollution or a nuisance under the Environmental Laws, (b) petroleum or a
petroleum product or fraction thereof, (c) asbestos, and/or (d) substances known by the State of
California to cause cancer and/or reproductive toxicity It is the intent of the parties hereto to
construe the tei ins "Hazardous Materials" and "Environmental Laws" in their broadest sense Tenant
shall provide all notices required pursuant to the Safe Drinking Water and Toxic Enforcement Act
of 1986 Tenant shall further provide prompt written notice to City of the existence of any
Hazardous Substances on the Property and all notices of violations of Environmental Laws received
by Tenant Tenant shall not bring onto, create, or dispose of, any Hazardous Substances or Material
in or about the Property, including without limitation the release or disposal of such Hazardous
Substances or Material into the sewage or storm drain systems
10 Compliance with Laws Tenant shall, at Tenant's sole cost and expense. comply with
all statutes, ordinances, regulations and requirements of all governmental entities, both federal and
state, and county, including those requiring improvements to the Property, relating to any use and
occupancy of the Property (and specifically not limited to any particular use or occupancy by
Tenant), whether those statutes, ordinances, regulations and requirements are now in force or are
1 Ueml.'lgreements\A
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Lease wpd
5
subsequently enacted If any license, permit or other government authorization is required for the
lawful use or occupancy of the Property or any portion of the Property, Tenant shall procure and
maintain the same throughout the Term of this Lease The judgment of any court of competent
jurisdiction, or the admission by Tenant in a proceeding brought against Tenant by any government
entity, that Tenant has violated any such statute, ordinance, regulation or requirement shall be
conclusive as between City and Tenant and shall constitute a material breach of this Lease and
grounds for termination of this Lease by City
11 Discrimination Prohibited
11 1 Against Persons. Tenant shall not, either in the performance of its obligations under
this Lease, or otherwise in the conduct of its operations or other use of the Airport, discriminate or
permit discrimination against any person or class or persons by reason of race, color, creed, religion,
sex, marital status, national origin or ancestry, or in any other manner prohibited by the Federal
Aviation Regulations
11 2 Price Discrimination. Tenant shall furnish its accommodations and/or services on
a fair, equal and non-discriminatory basis to all users thereof, and Tenant shall further charge fair,
reasonable and non-discriminatory prices for each unit of service
11 3 Accommodations Discrimination Tenant shall make its accommodations and
services available to the public on fair and reasonable terms and shall not discriminate on the basis
of race, color, creed, religion, sex, marital status, national origin or ancestry, or in any other manner
prohibited by the Federal Aviation Regulations
11 4 Judicial Enforcement Against Discrimination Tenant's non-compliance with
Sections 11 1, 11 2 and 11 3 above, constitutes a material breach of this Lease and City shall have
the right to terminate this Lease or, at the election of City have the right to judicially enforce the
provisions of Sections 11 1, 11 2 and 11 3
11 5 Non -Discrimination Clauses Binding on Successors Tenant shall insert the substance
of the four (4) preceding subsections (Sections 11 1, 11 2, 11 3, and 11 4) in any lease or sublease
by which Tenant grants a right or privilege to any person, firm or corporation to render
accommodations and/or services to the public on the Property
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12 Maintenance and Repairs
12 1 At all times during the Term of this Lease, Tenant shall, at Tenant's sole cost and
expense, keep and maintain the Property in clean, good and sanitary order, condition and repair By
taking possession of the Property. Tenant accepts them as being in good and sanitary order, condition
and repair and shall surrender the Property on the last day of the Term, or at any sooner termination
of this Lease, in the same condition as the Property existed at the commencement of the Term,
reasonable wear and tear excepted
12 2 At all times during the Term of this Lease, Tenant, at Tenant's sole cost and expense,
shall do all of the following
A Make all alterations, additions, or repairs to the Property and any
improvements located thereon required by any law. ordinance, statute, order or regulation now or
hereafter made or issued by any federal, state, county, local or other government agency or entity,
B Observe and comply with all laws, ordinances, statutes, orders and regulations
now or hereafter made or issued respecting the Property or any improvements on the Property by any
federal, state, county, local or other government agency or entity,
C Defend, indemnify and hold City free and harmless from any and all liability,
loss, damages, fines, penalties. claims and actions resulting from Tenant's failure to comply with and
perform the requirements of this Section
13 Tenant Improvements
13 1 Tenant is responsible for all construction of any improvements made to the Property,
including but not limited to the installation of any trade improvements or trade fixtures which Tenant
requires to operate its business at the Property Tenant shall prepare plans and specifications for all
improvements to be installed, and shall submit such plans to City for its review and approval prior
to commencement of any construction of Tenant's improvements "Construction" is defined as any
modification, addition, alteration, change or deletion from the existing physical or structural
condition of the Property Tenant's work shall be performed by Tenant in accordance with plans and
specifications approved by the City. and Tenant shall ha\=e the sole responsibility to arrange for and
pay for the costs of all items included in Tenant's work Tenant shall give City ten (10) days prior
1 \lem\Agreements'Airport Lease wpd 7
written notice before commencing any construction requiring building permits at the Property All
construction work required or permitted by this Lease, shall be done m a good and workmanlike
manner, and in compliance with all applicable laws and ordinances, regulations and orders of
government authority and insurers of the Property City may inspect the work at all reasonable
times
13 2 Before commencing any improvement work, Tenant shall
A Obtain all required licenses and permits,
B Deliver to City the name of all contractors and subcontractors and the
estimated costs of all labor and material to be furnished by them,
C Cause Tenant's contractors to obtain worker's compensation insurance, public
liability insurance with limits of one million dollars ($1,000,000 00) and property damage insurance
with limits of five -hundred thousand dollars ($500,000 00), both general and vehicular, written by
companies licensed and admitted to do business in the State of California, insuring City and Tenant
as well as the contractors, and,
D Deliver to City certificates of insurance, naming City, and each of its elected
officials, officers and employees as additional insureds, and providing that such insurance shall be
primary with respect to City and non-contributing to any insurance or self-insurance maintained by
City The insurance shall not be canceled without thirty (30) days' prior written notice to City At
all times Tenant shall keep the Property free and clear from any and all mechanics' or other creditor's
liens
14 Taxes Tenant shall pay, without abatement, deduction or offset, any and all real and
personal property taxes, general and special assessments, and other charges (including any increase
caused by a change in the tax rate or by a change in assessed valuation) of any description levied or
assessed during the Term of this Lease by any government agency or entity on or against the
Property, any improvements located on the Property, and any personal property located on or in the
Property or improxements, and the leasehold estate created by this Lease
15 Possessory Interest In accordance with California Revenue and Tax Code Section
107 6, City is hereby notifying Tenant that the leasehold interest created by this Lease may be subject
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to property taxation and Lessee may be subject to the payment of property taxes levied on such
interest Tenant shall be solely responsible for the payment of such taxes and shall defend,
indemnify and hold City harmless from and against any and all claims or actions for payment (or
non-payment) of such taxes
16 Utilities. Tenant shall pay for all public and other utilities and related services
rendered or furnished to the Property, including without limitation water, gas, electricity, rubbish,
cable television, sewer and telephone service City shall not be liable in damages, consequential or
otherwise, nor shall there by any abatement of rent, arising out of any interruption in utility services
due to fire, accident, strike, governmental authority, acts of nature, or other causes beyond the
reasonable control of City, or any temporary interruption in utility services necessary to make
alterations, repairs or improvements to the Property or any part of them
17 Signs Tenant shall not place or permit to be placed, any sign, marquee, awning,
decoration or other attachment on or to the roof, canopy, storefront, windows, doors or exterior walls
of the Property, except with the prior, written consent of City All proposed signs shall conform to
all City laws
18 City Business License Required Tenant shall obtain and maintain a valid business
license to do business within City at all times during the Term of this Lease
19 Entry by City City may enter the Property upon reasonable notice and at reasonable
times for any of the following purposes (i) to inspect the Property, or (ii) to post notices of non -
responsibility for alterations, additions or repairs undertaken by Tenant City's entry shall be
without any abatement of Rent to Tenant Tenant shall, at all times during the Term of this Lease,
provide City with keys to all locks on exterior doors and the alarm code for all buildings, if any
20 Assignment and Subletting.
20 1 Tenant shall not assign this Lease or any interest under it, nor lease or sublet all or
any part of, or any nght or privilege appurtenant to, the Property. nor shall Tenant permit the
occupancy or use of any part of the Property by any other person, or mortgage or hypothecate the
leasehold without first obtaining the prior written consent of City City agrees not to unreasonably
withhold any such consent, provided that the proposed assignee or subtenant shall use the Property
1,Agreenuents`Airport Lease wpd 9
in a manner in compliance with this Lease, and in a manner that does not interfere with the quiet
enjoyment of any other tenant at the Airport
20 2 Any assignment or transfer of this Lease, or of any interest herein, or any subletting
or hypothecation, either by voluntary or involuntary action of Tenant or by operation of law, or
otherwise without the express, written consent of City, shall constitute a default by Tenant and any
such purported assignment, transfer, subletting or hypothecation without City's consent shall be null
and void and may, at City's election, result in the immediate termination of this Lease
20 3 City's consent to any assignment, subletting, transfer of interest, occupancy, use or
hypothecation shall not relieve Tenant from any of its obligations under this Lease, nor shall such
consent be construed as consent to any subsequent assignment, subletting, transfer of interest,
occupancy, use or hypothecation Prior to giving its consent, if any, for any assignment, subletting,
transfer of interest, occupancy, use or hypothecation of the Lease, City shall be fully and completely
satisfied that the assignee or subtenant is of the same class and quality of business as tenant, holding
all valid licenses, with a substantial history of profit-making, sound capitalization, sound
management and business practices
20 4 In the event City consents to the assignment of this Lease, then such assignment may
include all of Tenant's rights hereunder, including without limitation any rights of Tenant acquired
hereafter by amendment of this Lease
21 Surrender of Possession and Holding Over
21 1 Immediately upon the expiration of the Term or earlier termination of the Lease,
Tenant shall peaceably and quietly vacate the Property and deliver possession of the same to City,
with all of Tenant's improvements and alterations removed from the Property and with the Property
surrendered in the same or better condition as it existed at the time of approval of this Lease
21 2 If Tenant fails to vacate and deliver possession of the Property on the expiration or
earlier termination of this Lease, as required under subparagraph A above, Tenant shall defend.
indemnify and hold City harmless from all damages resulting from Tenant's failure to so vacate and
deliver possession of the Property, including, without limitation, claims made by a succeeding tenant
vtem yAgreements\Airport Lease wpd
10
resulting from Tenant's>failure to vacate and de
City
possession ofthe Proper
y Rent lost by
2L3 if T nt, with City's consent, remains in possession o the Property without
negotiating a new lease, the continued possession y Tenant shall be deemed to einemtc -month
tenancy terminable en thirty (30) days' written notice given at any tiihe by either party All
provisions of this Lease, except those pertaining to the Term, shall apply'to the month foo -month
tenancy,
21A
car encumbr
violations p1
City again
failure to d
>hall vacate and deliver possession of the Propert
ng from any act or omission on Tenant's partaid ft
by any federal, state, municipal, car other authority, and shall de
y cl s, damages, loss, expense, costs or attorney's e
charges
of all
d and indemmindemnify
of Tenant's
Claims and Indo inification of City by Tenant.
defend and
indemnify andhold City andCity's elected officials, officers, employees, free and h rmle s from any
and all liability, claims, loss, damages or expenses resulting from Tenant's occupation use of the
Property, ecifeally including, without limitation, any liability, claim, 1 , damage or expense
arising by reason of the following:
22.1 The death or injury of any person including Tenant or any per
or agent ofTenant, or by reason ofthe damage to or destruction of any property, r ola
owned by Tenant or bY any person who is an employee or agent of Tenant, fr
whatsoever while that person or property is in or on the Prop or i any may ednri�
is an employee
property
iy cause
ed with the
Property or with any ofthe improvements or personal property on the Proper
221 The death or injury o any person, including Tenant or any p ern who is an
employee or agentofTenant, or by reason ofthe damage to or destruction of any property, including
property owned by Tenant or any person who is an employee or agent of Tenant, caused or allegedly
caused by either (1) the condition of the Property or some building or imp vement on the Property,
or (} someact or omission on the Property of Tenant or any person in, on, or about the Property
with the pe ssonand consent of Tenant;
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22 3 Any work performed on the Property or matenals furnished to the Property at the
instance or request of Tenant or any person or entity acting for or on behalf of Tenant, or
22 4 Tenant's failure to perform any provision of this Lease or to comply with any
requirement of law or any requirement imposed on Tenant or the Property by any duly authonzed
government agency or political subdwision
22 5 City, and its elected officials, officers, employees, representatives and agents shall
not be liable to Tenant, Tenant's officers, agents, employees, customers, invitees, or third parties for
loss of or damage to property, including goods, wares, and merchandise, for lost profits, for injury
or death to persons in, on, or about the Property, and Tenant waives and releases City and its elected
officials, officers, employees, representatives and agents, and agrees to defend, indemnify and hold
harmless the City, and its officers, employees, representatives and agents from and against any and
all claims, actions, demands, lawsuits or other liability ansing as a result of, or m connection with,
the Tenant's operations pursuant to this Lease, no matter how arising or by whom caused, except for
the loss or damage as may be caused by the gross negligence or willful act or omission of City, or
its officers, employees, representatives or agents
22 6 Tenant shall maintain in full force and effect during the Term of this Lease, at
Tenant's sole cost and expense, sufficient insurance from a California licensed and admitted
insurance company, as provided in Section 23 herein
23 Insurance Tenant shall, at its sole expense, procure and maintain during the Term
of this Lease a policy of insurance as required by the State of California for workers' compensation,
and a policy of public liability insurance that is reasonably acceptable to City Tenant shall provide
copies of such insurance policies to City prior to Tenant's occupancy of the Property The amounts
of the liability insurance shall not be less than 52,000,000 for single limit coverage applying to
bodily and personal injury and property damage Furthermore, the following endorsements shall be
attached to the liability policy
A The policy shall cover property damage and wrongful death as well as bodily
injury
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B The policy shall cover blanket contractual liability subject to the standard
universal exclusions of contractual liability included in the carrier's standard endorsement as to
bodily tnjunes, personal injuries wrongful death and property damage
C The policy shall afford broad form property damage liability
D The policy shall name City, its elected officials, officers and employees as
additional insureds
E The policy shall include an endorsement which states that the coverage is
pnmary insurance with respect to City and non-contnbut ng to any insurance or self-insurance
maintained by City
F The policy shall contain an endorsement stating that the policy shall not be
canceled or modified without thirty (30) days' pnor written notice to City
24 Default By Tenant The occurrence of any one or more of the following events shall
constitute a default hereunder by Tenant
A The vacation or abandonment of the Property by Tenant Abandonment is herein
defined to include, without limitation, any absence by Tenant from the Property for five (5) business
days or longer while in default of any provision of this Lease or any failure by Tenant to keep the
Property open for business for fifteen (15) consecutive business days without the pnor wntten
consent of City
B The making by Tenant of any general assignment for the benefit of creditors, the
filing by or against Tenant of a petition to have Tenant adjudged as bankrupt or a petition for
reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition
filed against Tenant, the same is dismissed within thirty (30) days), the appointment of a trustee or
receiN er to take possession of substantially all of Tenant's assets located at the Property or of
Tenant's interest in this Lease, where possession is not restored to Tenant withm thirty (30) days, or
the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at
;Aereenients?,airport Lease wpd
the Property or of Tenant's interest in this Lease where such seizure is not discharged within thirty
(30) days
C The use of the Property for any purpose other than as specifically authorized by this
Lease
24 1 In the event of any default by Tenant, City shall also have the nght, with or without
terminating this Lease to re-enter the Property and remove all persons and property from the
Property, such property may be removed and stored in a public warehouse or elsewhere at the cost
of and for the account of Tenant No re-entry or taking possession of the Property by City pursuant
to this Section shall be construed as an election to terminate this Lease unless a written notice of
such intention is given to Tenant, or unless the termination thereof is decreed by a court of
competent junsdiction, provided, however, that City may, at any time thereafter, elect to terminate
this Lease for such previous and uncured breach by notifying Tenant in writmg that Tenant's nght
to possession of the Property has been terminated
24 2 All rights, options and remedies of City contained in this Lease shall be construed and
held to be cumulative, and no one of them shall be exclusive of the other, and City shall have the
right to pursue any one or all of such remedies or any other remedy or relief which may be provided
by law, whether or not stated in this Lease No waiver of any default of Tenant hereunder shall be
implied from any acceptance by City of any rent or other payments due hereunder or any omission
by City to take any action on account of such default if such default persists or is repealed, and no
express waiver shall affect defaults other than as specified in said waiver The consent or approval
of City to or of any act by Tenant requinng City's consent or approval shall not be deemed to waive
or render unnecessary City's consent or approval to or of any subsequent similar acts of Tenant
24 3 Nothing in this Section shall be deemed to affect Tenant's indemnity of City for
liability or liabilities based upon occurrences prior to the termination of this Lease for personal
inj uries or property damage under the indemnification clause or clauses contained in this Lease Such
covenants of indemnification shall sun ive the termination of this Lease
25 Notices Any notice required by this Lease shall, unless otherwise specified in this
Lease, be served by deposit in the United States mail with first-class postage prepaid, addressed to
1 \lermAcreements\Airport Lease wpd
14
the person and address listed below,; unless
either party.
26.
this Lease shall be deer
coven
Ct
ve
en notice is provided of a change of address as to
Gil Brown and Imes Y Saliba
COYOTE AVIATION
151Vieadowbrook Lane
Redlands, Californna 92374
CITY OF REDLANDS, CITY CLERK
35 Cajon Street, Suite 200
PO Box 3005
Redlands, California 92373
No waiver by either party of any breach of any condition or covenant of
a waiver of any subsequent breach of the same or any other condition or
27. Modification and Amendment. This Lease may not be amended or mo+
as expressly provided in this section
acquiescence with respect to any provision of this Lease shall be set for
executed by or on behalf of the party to be bound thereby.
endment, modification, waiver,
28
conditions of
y Fees. If any action is commenced to enforce o
the
d except
nsent or
and duly
s or
the prevailing party shall be entitled to recover I'rorh the other party
reasonable attorneys` fees, costs and expenses incurred in connection with the prosecution or defense
of such action which may be set by the Court in the same action or rn a separate actionbrought for
that purpose, in addition to any other rehefto which the prevailing party may be entitled under law
29 G
the ;laws of the S
v hg La;. This Lease shall be governed by and consti
ate ofCaliforn
ce with
15
30 Integration This Lease represents the entire and integrated agreement between the
parties hereto with respect to the subject matter hereof, and supersedes any and all pnor negotiations,
representations, agreements and understandings, whether written or oral, between the parties with
respect to the subject matter contained herein
31 Incorporation by Reference All exhibits attached to this Lease shall be deemed
incorporated into the Lease by the individual reference to each such exhibit, and all exhibits shall
be deemed part of this Lease as though set forth in full
32 Severability Wherever possible, each provision of this Lease shall be interpreted
in such a manner as to be valid under applicable law If any provision of the Lease, or the application
of it to any person or circumstances, is determined by a court of competent junsdiction to be
unenforceable, such provision shall be severed from and shall not affect the remainder of this Lease
33 Execution. This Lease may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which when taken together shall constitute one and the
same instrument
34 Binding Effect All terms, covenants, and conditions of this Lease shall be binding
on and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the
parties, and in the case of Tenant, all amounts due and payable under this Lease shall be the
obligation ofthe heirs, executors, administrators, and assigns, regardless of the time penod to which
these amounts relate Nothing in this Section shall be deemed to permit any assignment, subletting,
occupancy, or use contrary to the provisions contained in this Lease
35 Time is of the Essence Time is of the essence with respect to the performance of
this Lease and each and every provision herein
/'
//
//
/I
1/
//
/7
entskAirport Lease wpd
16
WHEREFORE, the parties have executed this Lease on the 5th day of September, 2000
CITY OF REDLANDS
Mayor
Attest
Lome Poyzer,
City/Clerk, Cit edlands
Ian\ Aaeements %Airport Lease wpd
Gil ro n, P es de o the Corporation
Attest
Secretary of the Corporation
17
STATE OF CALIFORNIA )
) ss
COUNTY OF
On - 0 0 before me LI ndo, Ernr,nexson
Notary Public for the State of California. personalh appeared EVO._ SCA
(or pro ed to mc on the basts of satisfacton c 'deuce) to be the person whose namc is
subscribed to the within instrument and acknowledged to me that he executed the same in his authonzed capacity.
and that b Ills signature on the instrument the person or the entity upon behalf of which the person acted
executed the instrument
is
WITNESS my hand and official seal
STATE OF CALIFORNIA )
) ss
COUNTY OF
before me
a a .—
UNDA EMMERSON 126441
- Colfornio
County
Jun 14 2C04
(Notan Seal)
LI 11 Ct a Eon NI e,r5 0 n
Notan Public for the State of California personalh appeared G1 I y- 0 tAs n
(or pro cd to Inc on the basis of satisfacton o !deuce) to be the person whose name is
subscribed to the within instnimcnt and acknowledged to me that he executed the same in his authonred capacity
and that by his signature on the instrument the person or the entity upon behalf of which the person acted
executed the instrument
WITNESS im hand and official seal
/
(Notan Seal)
CA FORNIA A
-PURPOSE ACKNO
EDGMENT
State of
California
County of San Bernardino
On 9/6/00
Date
personally appeared
before rne, Linda Emmerson, Notary Public
Name- and Ofe of Office, le.0 3are Doe Notary Public")
Pat Gilbreath and Lorrie Po zer
N rnn0s or nexi
X personally known to me - OR
A EMMERSN
HISS+on # 12
No'cy F dib"c - California
,o County
- Jun 16
prdved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)Xare subscribed to the within instrument
and acknowledged to me that 49ci3hc/they executed the
same in hK..,Lhcr/their authorized capacity(ies), and that by
hisTegtheir s,gnature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument
WITNESS my hand and official seal
s,gnatu
of Notary Pubic
OPTIONAL
Though the information below is not required by law tt may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of This form to another document
Description of Attached Document
Title or Type of Document Lease of Property Located at Redlands Municipal Airport
Document Date 9/5/00 Number of Pages 24
Signer(s) Other Than Na ed Above Gil
Bro
and Eva Saliba
Capacity(ies) Claimed by Signer(s)
Signer's Name
Individual
Corporate Officer
Titles)
Partner - Limited
Attorney -in -Fact
Trustee
Guardian or Conservator
Other
General
Signer is Representing
Signer's Name
Individual
Corporate Officer
Title(s)
Partner --- Li ed General
Attorney in Fact
Trustee
Guardian or Conservator
Other
Signer Is Representing
NEPRINT
e
C. 1995 N tion,E Notary ussoc!at,or = 8236 Remmet Ave. PO Box 84 Canoga Park CA 51399 7164
Prod No 5907
Reorder Cali Poll Fee 800-87E-6827
Exhibit "A"
LEASE PARCEL FOR COYOTE AVIATION - PHASE I
That portion of Lot 1, Tract No 12083-1, filed in the County Recorder's Office of San Bernardino
County in Book 176, Pages 64 and 65 of Maps, in the City of Redlands, County of San
Bernardino, State of California, more specifically described as follows
Beginning at the northeast corner of Lot 1, Tract 12083-1, filed in the County Recorder's Office
of San Bernardino County in Book 176, Pages 64 and 65 of Maps, thence southerly along the east
lot line of said Lot 1, South 0° 03'49" East 322 91 Feet to a point on the northerly right-of-way
line of Sessums Drive, said point also being the southeast corner of said Lot 1, thence westerly
along said northerly right-of-way line, South 89°55'00" West 107 85 Feet, thence leaving said
right-of-way line North 0°11'28" West 25 46 Feet, thence South 89°48'32" West 409 21 Feet,
thence North 0°11'28" West 74 00 Feet, thence South 89°48'32" West 62 50 Feet to the True
Point of Beginning,
Thence South 0°11'28" East 100 00 Feet, thence South 89°48'32" West 360 00 Feet, thence
North 0°11'28" West 100 00 Feet, thence North 89°48'32" East 360 00 Feet, more or less, to the
True Point of Beginning
Described parcel contains 0 8264 Acres (36,000 s f )
TTF tf 05/31/C0
COYOTE AVIATION
z
N 894832 E
422 50
0
0
360 00'
LEASE AREA
LJ
rXJ
0
• 0
-
Cf)
5 894832
19 56
N 8952'20 E
643 25
0
0
z
06/05/00 TTF
60 00
62 50
S 9 4 '32" W 409 21'
POB
N 0'03 49'" W
25 46'
N 01128" W
00 16 107 85
450 58 1-c-`1
208 01 N 89 5500" E
0
0
z
N
SCALE
1”= 100'
COYOTE AVIATION LEASE BOUNDARY
Exhibit "B"
LEASE PARCEL FOR COYOTE AVIATION - PHASE II
That portion of Lot 1, Tract No 12083-1. filed in the County Recorder's Office of San Bernardino
County in Book 176, Pages 64 and 65 of Maps, in the City of Redlands. County of San
Bernardino, State of California, more specifically described as follows
Beginning at the northeast corner of Lot 1, Tract 12083-1, filed in the County Recorder's Office
of San Bernardino County in Book 176, Pages 64 and 65 of Maps, thence southerly along the east
lot line of said Lot 1, South 0° 03'49" East 322 91 Feet to a point on the northerly right-of-way
line of Sessums Drive, said point also being the southeast corner of said Lot 1, thence westerly
along said northerly right-of-way line, South 89°55'00" West 107 85 Feet thence leaving said
right-of-way line North 0°11'28" West 25 46 Feet, thence South 89°48'32" West 409 21 Feet,
thence North 0°11'28" West 74 00 Feet, to the True Point of Beginning,
Thence South 0°11'28" East 127 00 Feet, thence South 89°48'32" West 422 50 Feet, thence
North 0°11'28" West 27 00 Feet, thence North 89°48'32" East 360 00 Feet, thence North
0°11'28" West 100 00 Feet, thence North 89°48'32" East 62 50 Feet, more or less, to the True
Point of Beginning
Described parcel contains 0 4053 Acres (17,657 s f )
TTF 0'08`17'QQ
COYOTE AVIATION
0 0.4
0
a
z
z
N 89 4832" E
422 50'
N 89'48 32" E
360 00'
27 00
N 89'5220" E
643 25
0
z
08/17/00 TTF
EASE AREA
N 89 48 32 E 422 50
62 50
0�J
0N
N
0
z
ql
Q
cs4
o—
o
N z
5 89 48 32"
409 21
135 00'
(-Pi ti
v%.
. • tt) iS CIO
0 lP
t. c 1 /7,040
co
9.,
0
100 16'
208 01'
N 0'03 49" W
25 46'
N 011'28" W
107 85'
N 89 55'00" E
N
SCALE
1"= 100'
COYOTE AVIATION LEASE BOUNDARY
(PHASE II)
Exhibit "C"
LEASE PARCEL FOR COYOTE AVIATION - PHASE III
That portion of Lot 1, Tract No 12083-1, filed in the County Recorder's Office of San Bernardino
County in Book 176, Pages 64 and 65 of Maps, in the City of Redlands, County of San
Bernardino, State of California, more specifically described as follows
Beginning at the northeast corner of Lot 1, Tract 12083-1, filed in the County Recorder's Office
of San Bernardino County in Book 176, Pages 64 and 65 of Maps, thence southerly along the east
lot line of said Lot 1, South 0° 03'49" East 322 91 Feet to a point on the northerly right-of-way
line of Sessums Drive, said point also being the southeast corner of said Lot 1, thence westerly
along said northerly right-of-way line, South 89°55'00" West 107 85 Feet to the True Point of
Beginning,
Thence westerly along said northerly right-of-way line of Sessums Drive, South 89°55'00" West
100 16 Feet to the beginning of a tangent 627 00 -foot radius curve, concave southeasterly, a radial
to which bears North 0°05'00" West, thence continuing southwesterly along said northerly right-
of-way line, along the arc of said curve, through a central angle of 41°10'29", a distance of
450 58 Feet to the beginning of a tangent 20 00 -foot radius reverse curve, concave northerly, a
radial to which bears South 41°15'29" East, thence westerly along the northerly right-of-way line
of Aviation Drive, along the arc of said curve, through a central angle of 84°02' 14", a distance
of 29 33 Feet, to the beginning of a tangent 399 91 -foot radius reverse curve, concave
southwesterly, a radial to which bears North 42°46'45" East, thence northwesterly along said
northerly right-of-way line of Aviation Drive, along the arc of said curve, through a central angle
of 42°54'25", a distance of 299 48 Feet, thence South 89°52'20" West 19 56 Feet, thence leaving
said northerly right-of-way line, North 0°11'28" West 18 79 Feet, thence North 89°48'32" East
422 50 Feet, thence North 0°11' 28" West 53 00 Feet, thence North 89°48'32" East 409 21 Feet,
thence South 0°11'28" East 25 46 Feet, more or less, to the True Point of Beginning
Described parcel contains 1 0469 Acres (45,604 s f )
TFF [f 08/17'00
COYOTE AVIATION
PUBLIC ACCESS EASEMENT
COYOTE AVIATION - PHASE III
A 20 -foot wide Public Access Easement within that portion of Lot 1, Tract No 12083-1, filed in
the County Recorder's Office of San Bernardino County in Book 176, Pages 64 and 65 of Maps,
in the City of Redlands, County of San Bernardino, State of California, the easterly sideline of
which is described as follows
Beginning at the northeast corner of Lot 1, Tract 12083-1, filed in the County Recorder's Office
of San Bernardino County in Book 176, Pages 64 and 65 of Maps, thence southerly along the east
lot line of said Lot 1, South 0° 03'49" East 322 91 Feet to a point on the northerly right-of-way
line of Sessums Drive, said point also being the southeast corner of said Lot 1, thence westerly
along said northerly right-of-way line, South 89°55'00" West 107 85 Feet, thence leaving said
right-of-way line North 0°11'28" West 25 46 Feet, thence South 89°48'32" West 274 21 Feet,
to the True Point of Beginning,
Thence South 0°11'28" East 49 57 Feet to the terminus, said terminus being on the northerly
right-of-way line of Sessums Drive The westerly sideline of described easement is to be
prolonged to intersect said northerly right-of-way line of Sessums Drive
TTFif 08/07/00
COYOTE AVLATION
z
19 56
N 89 48'32" E
422 50
18 79' N 89 48'32" E
42 54'x5
N 89 52 20" E
643 25'
z
08/17/00 TTF
N 011'28" W
53 00'
422 50'
0.-
0.-
"10
N
z
S 89 48'32"
S 0'11 28
49 57'
EASE AREA
0 00
4, id A2p p.
rl
?`90_1 7
F
409 21
0
z
P08
rn
N
N 0'03 49" W
25 46'
N 0'11'28" W
100.16' 107.85'
208 01'
TPOB J
N 89'55 00" E
N
SCALE.
1"= 100'
COYOTE AVIATION LEASE BOUNDARY
(PHASE III)
A/ BEARING
LENGTH
RADIUS
A
16'06'44"
176 32'
627 00'
S 89 48'32" W
274 21'
N 89'55 00" E
N
SCALE.
1"= 100'
COYOTE AVIATION LEASE BOUNDARY
(PHASE III)
a00 00
422.5
3100'
ORIGINAL POSITION — -
2v
R+R.L r•AaR.... r s n
A
PROPOSED POSITIO
PPit OpisftrY EC
t i
OPQKr`Y LI UC
•
COYOTE AVIATION CORPORATION
EXH I61T "0 '' — CausrgucrioN ,4v/gTionl OP.EgArionls PI.AAI
APPROVED BY
RtOL"►N:bS. VWRAC 144M. At0.softg
DATE 8/1/2000
DRAWN BY t G , + /_' a
"l V
DRAWING NUMBER
SDA"
g57-0
Approved. 9/5/00
AMENDED LEASE AGREEMENT
Coyote Aviation
Use of a portion of property at Redlands!
Municipal Airport for construction of and
aviation complex
Initial approval 4/4/00
ORIGINALS FILED WITH AIRPORT LEASES