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HomeMy WebLinkAboutContracts & Agreements_3-1979 REDLANDS MUTUAL ENTERPRISES, INC. - CITY MASTER LEASE AGREEMENT REDLANDS MUNICIPAL AIRPORT PARCEL 4 AIRPORT LEASE REDLANDS MUNICIPAL AIRPORT REDLANDS, CALIFORNIA This indenture made and entered into between the City of Redlands, a municipal corporation, the Lessor, hereinafter referred to as "City", and Redlands Mutual Enterprises, Incorporated, hereinafter referred to as the "Lessee". WITNESSETH: 1 . Property Leased; That for and in consideration of the rents, covenants, agreements, and conditions herein sot out to be faithfully paid, kept, and performed by Lessee, City hereby leases and lets to said Lessee certain portions of the Airport known as Redlands Municipal Airport shown on the map, which is attached to this airport lease as Exhibit "A" and incorporated as a part hereof. The portion leased is designated as Parcel #4. A legal description of Parcel #4 is contained in Exhibit "A-1 " , attached hereto and incorporated as a part hereof. a, Exclusions from Above Leased 'Area None b. Easements. See Exhibit A-1 for Legal Descriptions. (1 ) Lessee agrees to grant to City, without cost, a 20' wide public easement extending from Sessums Drive to the taxiway area. Said easement being the most westerly 20' of Parcel #4. Said public easement is for the use of aircraft vehicular and pedestrian use and designated as Easement #4 on Exhibit "A" Lessee -f=urther agrees to construct and maintain all improvements on said Easement #4: c. Term of Lease (1 ) TO HAVE AND TO HOLD, Parcel #4 of the demised premises including the use of all public runways., taxiways, and ramps in common with others, for the term of twenty years commencing on the 1st day of May, 1979, and ending on the 30th day of April, 1998 unless sooner terminated as hereinafter provided, and subject to the conditions and covenants herein. d. Renewal Option Lessee shall have three successive options for extending this lease for periods of ten (10) additional years each, for 19982007, 2008-2017, and 2018-2027 respect- ively, as regards the leasing of Parcel #4, 2. Non--Exclusive Rights 0ranted The use herein granted is for a fixed base operation by the Lessee and includes the following non-exclusive rights to the Operator. a. Sales of new and used aircraft, aircraft parts , retail and wholesale, radio and electronic equipment, navigational and airman supplies and accessories. -1- b. Flight operations, including demonstrations of aircraft for sale, charter (with or without pilot) , and flight training (primary and advanced) . c. Maintenance, repair and overhaul of all types of aircraft, engines, instruments, radio and electronics Bear. d. Line service, including fueling, lubrication and other servicing of any air- craft including military into-plane contracts and airline for those carriers which desire such services, a right to load and unload passengers and cargo and to transport passengers from transient aircraft parking areas to the terminal and other areas of the airport. e. Sales of automotive fuel , lubricants and accessor;ies to ramp vehicles such as tugs, tractors, motorized ramps, baggage handling equipment, ground power units, space heaters, etc. ; a right to make repairs on ground service equipment. f, Motel , restaurant, cocktail lounge, and related retail sales, excluding vending machines. Prior to approval of a cocktail lounge, a separate fee schedule will be negotiated by the Operator with City, on sale of alcoholic beverages. g. Towing disabled aircraft. h. Financing and insuring aircraft. i . Loading and unloading aircraft in any lawful activity. j. Service Charges -- a right to assess reasonable charges and fees to customers for all these services. k. Fueling aircraft of Operator, Operator's customers and transients and to provide into-plane fueling to airlines and military which desire such services. 1 . Construction and rental of aircraft hangars and aircraft tie-down facilities and such buildings, to house activities authorized in paragraph 2a, b, c, h, herein. m. All advertising signs erected on the property will comply with City of Redlands Sign Ordinance, and must have City approval , in writing, prior to erection, n. Activities other than those specifically stated in paragraphs a through m, paragraph 2, herein, will not be conducted or serviced by the Lessee without written advance approval by the City. 3. Rights Not Granted The right to conduct the following activities, which are normally conducted in an airport terminal building is not granted to the Lessee: a. Vending machines of any kind. b. Passenger flight insurance. C. "U" Drive automobile service. d. Taxicab service. e. Public automobile parking for which a charge is made. (Fixed Base Operator Customer Parking is not considered Public Parking) . -2- f. Ticket counter space for any passenger travel by aircraft, except for aircraft charter service. g. Travel agency operations, including sale of tours by aircraft. h. Commuter airline operation, including schedule air transportation of freight ; and mail . 4. Federal Aviation Administration Regulations A reed Ta It is mutually understood and agreed by the Lessee and City that the City of !Redlands , in accepting Federal Aid for the development of the Redlands Municipal Airport, agreed in writing to FAA Regulations concerning any agreements, contracts , leases, or other privileges given in connection with the Airport. These FAA Regulations are attached as Exhibit "B" and incorporation as a part hereof. The Lessee has no responsibility for the fulfillment of Sections 6a, 6b, 6c, 7, 8, g, 10, 11 , 13, 14, or 15 of Exhibit "B". In addition to the FAA Regulations which the City agreed to in Exhibit "B" , the City reserves for itself, the following rights: Aeronautical Uses a. The right to further develop or improve the landing area of the airport as may be found necessary inithe City's sole discretion, regardless of the desires or view of the Lessee and without interference or hindrance. b. The right, but not being obligated to the Lessee, to maintain and keep in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the Lessee with regard to all publicly-owned facilities. c. The right that this lease shall be subordinate to the provisions and require- ments of any existing or future Grant Agreements between City and the United States of any existing or future Federal Aviation Administration Regulations relative to the development, operation or maintenance of the Airport. Non-Aeronautical Uses d. That there is hereby reserved to City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises of the Lessee described in the "Property Leased" section, page 1 , herein together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace of landing at, taking off from or operating on Redlands Municipal Airport. e. That the Lessee by accepting this Lease expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or object nor permit the growth of any tree on the land described in the "Property Leased" section, page 1 , herein, in violation of Ordinance #1231 - City of Redlands Height Zoning Ordinances. -3- f. That the Lessee by accepting this lease expressly agrees for itself, its successors and assigns , that it will not make use of his premises described inthe "Property Leased" section, page 1 , herein, in any manner which might interfere with the landing and taking off of aircraft from Redlands Municipal Airport or otherwise constitute a hazard. In the event the aforcsaid covenant is breached, City reserves the right to enter upon the Lessee's premises described in the "Property Leased" section, page 1 , herein, and cause the abatement of such interference at the expense of the Lessee. 5. Termination of Agreement a. The Lessee at any time after two years from the date of commencement hereof may terminate this Agreement without penalty, by notifying City, in writing, twelve (12) months prior to the termination date, as proposed by the Lessee. During the notification period of twelve (12) months, all terms of the lease will be in force. Should the City close the runway and the taxiway for public use, other than for limited periods necessitated by construction or maintenance, then the obligations of the Lessee under Section six (6) shall be terminated. b. The City may terminate this Agreement in its entirety upon the occurrence of any of the following events: (1 ) Piling of bankruptcy proceedings by oragainst the Lessee. (2) Lessee conducts activity not authorized by the lease, subsequent to receipt of a thirty (30) days ' written notice from Lessor to cease and desist. (3) Lessee makes any general assignment for the benefit of creditors. (4) The abandonment or discontinuance of operations at the Airport by the Lessee. (5) Lessee fails to perform, keep and observe any and all terms of the lease which are to be performed, kept and observed by him, unless prevented from doing so by an act of God. (6) The Lessee defaults in payment of the lease payments, as specified herein, or violates any of the terms or conditions of the lease and the lease payment is not paid or the violation is not corrected within sixty (60) days after service of notice as provided in paragraph 13, herein. (7) Violation or non-compliance by the Lessee of any of the provisions of paragraph 4, herein. (8) Occurrence of any act by the Lessee which results in his failure to perform the following minimum duties under this lease, which acts shall include: (a) Maintaining the ]eased premises and improvements in ,godd condition and repair at his sole expense. c. In the event of termination by the Lessor for any of the reasons. listed in paragraph 5, b, 1 thru 8, City shall have the following rights : (1) In accordance with City' s Assurance #16 to Federal Aviation Administration -4- (Exhibit "B" herein) , which specifies "If an arrangement is made for management or operation of the airport by any agency or person other than the Sponsor, (City of Redlands) or an employee of the Sponsor, the Sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance with the Act, the Regulations, and these covenants" the City, at its option, if it is necessary and essential to provide aeronautical facilities necessary for the operation of the Redlands Municipal Airport, may operate Lessee' s aviation fuel service and normal aircraft tie-down and Tee Hangar area, at no personal or financial liability to Lessee during such operation by the City, which operation shall only be for such limited period as is required to obtain on the airport other Fixed Base Operation Service, but in no event longer than twelve (12) months. The exercise of this right to conduct the Lessee's Fixed Base Operation does not constitute a waiver by the City of any contract damages arising from Lessee's failure to keep the terms of this lease. All assets accruing from the City's operation of the leased premises , less customary operating expenses, which will include all rental payments due the City under this lease, shall be credited by the City to the Lessee' s interest. d, Termination shall not relieve either party of any liability or indebtedness incurred prior to the termination of the lease. 6. Lease Payments a. The following annual rental will be paid to the City by Lessee commencing on flay 1 , 1979. Rentals for land lease"in accordan-cewith the provisions of paragraph 1 , c, hereof, shall be paid as follows: (1 ) Parcel #1 a) 120,165 sq, ft. of unimproved land @ $0.0257/ sq. ft./yr. = $3,088.24 (2) If the Lessee provides an aviation fuel service for aircraft., the following payment shall be made for fuel flowage: $0,02/gallon -for each gallon of fuel delivered to Lessee's premises described in "Property Leased" section, page 1 , herein. All maintenance of fuel pumps and storage tanks will be paid for by Lessee. Lessee is responsible for any required replacement or expansion of existing fuel storage facilities on his leasehold. This fuel flowage payment is payable in addition to the total rental amount, which includes Item a, (1 ) , herein. b. Alternative rental after May 1 , 1981 . Commencing on May 1 , 1981 , rents for the use of the premises described in paragraph 6, a, (1 ) Parcel No. 1 , a, shall be the greater of either of the following amounts: (1 ) One-half of one percent (1/2%) of the Lessee's gross receipts from his business activities under said lease -including gross receipts of all sub-lessees, or; (2) The annual land rental payments stated in paragraph 6, a, herein, provided that the rent specified in 6, a, (2) "For Fuel Flowage" herein, shall be paid in addition to the greater of the amounts payable under the alternative rentals established in para- graph 6, b, above. Fuel sales described in paragraph 6, a, (2) above, are excluded in 0 computing gross business upon which the 1/2/ is paid City. Also excluded in computing gross business under 6 (b) (1 ) are the receipts of those leasing tie-down space, etc. The "gross receipts" for this purpose should be only those from activities listed in Section Two (2) conducted with unrelated parties. See paragraph 10, herein, for reports required. c. Adjustment of Lease Payments. (1 ) Commencing on May 1 , 1981 and each five years thereafter, the schedule of lease payments listed in paragraph 6, a, (1 ) , and (2) above, shall be adjusted in proportion to the increases or decreases in the indices of (1 ) , the U.S. Bureau of Labor Statistics for Hourly Wage Rates of all workers in manufacturing and (2) all Commodity Wholesale Prices. The indices in (1 ) and (2) shall be averaged arithmetically for the last available twelve (12) months indices. Initial adjustment made on May 1 , 1981 shall be based on the increase or decrease in these two indices from the month of May, 1979 to the average of both indices for the calendar year of 1980. (2) If, during time of war or national emergency, the United States Government shall require for military uses, all or such portions of the premises that a reasonable amount of reconstruction of the premises will not permit the Lessee's practical continued occupancy, the provisions of this lease insofar as they are rendered impossible of fulfill- ment by reason of the United States Government's use or uses of the premises shall be suspended for the duration of such governmental use or uses. It is further agreed between the respective parties hereto that during any such time of war or national emergency, the City shall have the right to enter into and execute an agreement with the United States Government for such military use without terminating or otherwise effecting this lease agreement, but rather with the effect of suspending any provisions under said agreement insofar as they are inconsistent with those contained in the agreement of the City with the government. Any such period of suspension of operation of the aforesaid lease will be added to and shall extend the lease term as aforesaid, and no lease payments shall be paid during the period of suspended operations. If, by reason of any Act of Congress, Presidential Executive Order, Regulation of Federal Aviation Administration, or during time of war or declared national emergency, the right of the citizenry at large to engage in private flying activities is prohibited absolutely or temporarily suspended, the amount of rental due and covenanted to be paid by the Lessee hereunder to the City under any provision of this paragraph 6 shall be -6- reduced to a reasonable rental in view of such circumstances as may from time to time be agreed to by th.e respective parties hereto; or in the event the parties hereunder are unable to agree upon a reasonable rental as aforesaid, then as may be determined by com- pulsory arbitration as described in paragraph 6, c, (3) below, (_3) Any question, dispute, controversy, or misunderstanding ari,si,ng under or in connection with. thi.s paragraph 6, shall be determined by three arbitrators to be appointed for the purpose as, follows: "(a) Within five (5) days after notice by either party to the other requesting arbitration, one arbitrator shall be appointed by each party. Notice of such appointment, when made, shall be given by each party to the other. "(b) The two arbitrators shall forthwith choose a third arbitrator to act with them. If they fail to select a third arbitrator within ten (10) days of their appointment upon application of either party, the third arbitrator shall promptly be appointed by the then presiding judge of the Superior Court of the State of Calif- ornia in and for the County of San Bernardino, acting in his individual and not official capacity. The party making such application to such judge shall give the other party to this lease five (5) days' notice of his application. "(c) The arbitrators shall proceed with due dispatch. The decision of any two of the three arbitrators shall be binding, final and conclusive on the parties to this lease. Such decision shall be in writing and delivered to the parties, and shall be in such form that a judgment may be entered on the decision in the Superior Court of the State of California in and for the County of San Bernardino. "(d) If either party fails to appoint an arbitrator as provided by this paragraph, then such arbitrator not so appointed shall be appointed as provided in subparagraph (b) . "(e) The expense of any such arbitration shall be borne as the arbitrators direct. " 7. Insurance a. Lessee shall indemnify and save harmless the City, its officers, agents and employees, from and against any and all claims, demands, loss or liability of any kind or nature which City, its officers, agents and employees, or any of them, may sustain or incur or which may be imposed upon them or any of them, for injury to or death of any persons or damage to any property in the use of the premises described in the "Property Leased" sec- tion, page 1 , herein. -7- b. As a condition precedent to the effectiveness of the lease and in partial performance of the Lessee's obligations hereunder, the Lessee shall obtain and maintain in full force and effect during the term of this agreement, a policy or policies of Liability Insurance in carriers and in form satisfactory to City with minimum limits of $300,000/ 500,000 Bodily Injury, and $100,000 Property Damage insurance. In addition to automobile, premises and operations coverage, policy(ies) shall also cover Contractual and Products Liability. Lessee shall cause to be attached to all of said policies of insurance an endorsement reciting the first paragraph of this section. c. The policy shall further provide that the same shall not be cancelled or coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City. d. Lessee shall , coincidentally with the execution of the lease, deliver an acceptable Certificate of Insurance on the approved City of Redlands Insurance Certificate Form and certified or photostatic copy of said policies of insurance to City. e. The procuring of such policies of insurance shall not be construed to be a limitation upon the Lessee's liability, or as a full performance on its part of the indem- nification provisions of this lease. Lessee's obligation being notwithstanding said policies of insurance, for the full and total amount of any damage, injury or loss caused by negli- gence or neglect connected with its operation under this lease. f. Lessee shall have Workmen's Compensation coverage, as required by State of California law. B. Construction on and Modification and Maintenance of Premises Leased: a. Construction: (1 ) Parcel #4 (a) Lessee may construct, modify, repair or improve Parcel #4 of its leased premises at any time during the term of the lease in conformance with established and customary standards of fixed base operations development, zoning ordinances, sign ordinances, and building codes of the City of Redlands and the terms of this lease. b. Approval of Construction�oy" Modification: Each proposal for construction on, or modification of, the leased premises must have prior written approval of City. The Lessee shall submit a development plan for Parcel #4 to the City for approval prior to any construction or improvement. c. Underground Fuel Storage: Gasoline storage tank maintenance and replacement are the responsibility of the Lessee. d. Building Maintenance: All building maintenance on theleased property, is the responsibility of the Lessee. -S- e. Han ar Construction: All hangars constructed by Lessee will have the following minimums and shall be constructed to at least the quality of the existing hangars at the airport: (1 ) Fully enclosed, metal Pascoe TH2 construction or equal , including a solid separate compartment for each aircraft, except hangars constructed at the specific request of an individual rentor on the basis of a long term lease. Special hangars for larger; aircraft will conform to Pascoe TH2 construction quality. (2) 4" concrete bases throughout the building. (3) One fluorescent light fixture per individual aircraft space. (4) 2" asphaltic concrete apron around the two long sides of hangar and the side nearest the active taxiway. Asphaltic concrete pavement shall completely cover area between the two adjacent hangars, and will extend a minimum of 50 feet from the long side of all hangars. (5) Baked-On color on outside walls. (Anodized aluminum walls are also acceptable) . (6) Comply with all City of Redlands Building Codes. (7) Provide adequate electric conduit area for each hangar building for future electric service expansion. (8) All utilities will be placed underground. (9) Electric heat and light for any hangar space rented as office or shop space. (10) Provision for the minimum requirement of 25 lb. dry chemical type fire extinguisher for hangar buildings as prescribed bythe Fire Chief of the City of Redlands. Extinguisher will be mounted on outside of building on a breakglass cabinet. f. Disposition of BuildingsyConstructed,, (1 ) Upon termination of the initial period of this lease or termination of the renewal period of this lease, or termination of the lease by Lessee under paragraph 5, a, herein, all structures constructed by the Lessee, including foundations, will be removed from the leased premises by the Lessee at Lessee's expense without cost to City. City has the option to purchase any or all buildings constructed bythe Lessee at the termination or expiration of this lease, if a satisfactory price can be negotiated by the City and the Lessee. g. Utilities : (1 ) Unless otherwise expressly stated herein, Lessee agrees to pay for all utilities, including disposal and sewer rental fees used on or by the leased premises. (2) The Lessee shall be responsible to install necessary utilities to Parcel #4 including water lines and fire hydrants that may be required, -9- h. Inspection by Cid: (1 ) Lessee agrees to permit City to enter upon and inspect all leased premises at all reasonable times. i . Maintenance and Appearance of Leased Premises: (1 ) Lessee agrees to maintain the leased premises and improvements in good condition and presentable appearance at all times at his expense. 9. Subcontracting Rights: a. The Lessee shall have the right to subcontract portions of activities under the terms of the lease, provided such agreements meet the requirements of this lease, meet the City's requirements concerning financial responsibility, and have advance approval in writ- ing, by City. Lessee shall notify the City, in writing, of any proposed subcontract, or such subcontract shall be null and voird. City approval of such contracts shall not be unreasonably withheld. 10. nts, Re arts and Verifications: a. Lease and fuel flowage payments will be made every three months by the Lessee, without being billed by City. Payments will be made not later than the 20th day following the end of each three months of the term of this lease. Commencing June 1 , 1979, said quarterly lease payments will continue to be made. Any required supplemental payments based on gross receipts will be made annually no later than April 15th following the close of each calendar year under this lease. b. Beginning May 1 , 1979, and continuing throughout the remaining life of the lease, the Lessee shall , no later than April 15th following the close of the calendar year, submit to City a verified statement stating that gross receipts statement from sales of all goods and services including gross receipts of all sub-leases for .the calendar year are identical to those reported to the Bureau of Internal Revenue and showing amounts of fuel sales which are excepted from gross receipts. First gross receipts statement is due, under this provision, on or before April 15, 1980. c. A copy of all bulk delivery invoices of petroleum products delivered to the Lessee's premises described in the "Property Leased" section, page 1 , herein, shall accompany each quarterly fuel flowage payment to city. d. City shall have the right to inspect the Lessee's books , including books of all sub--lessees, at all reasonable times to verify all statements of income, accountings, and invoices required to be made by this agreement. 11 . Taxes: a. Lessee agrees to pay all taxes imposed or assessed upon his leased premises located at Redlands Municipal Airport. 12. General : a. It is understood and agreed that each and all the terms of this lease are _10- subject to the regulations and provisions of law applicable to the operation of Redlands Municipal Airport as a Federal Aid Airport Project. If any provision of this lease is in- valid, the other provisions of the lease which are valid shall remain in effect, and the lease will be renegotiated to comply with the requirements of the applicable laws and regulations. b. The Lessee agrees to observe and obey during the. term of this lease all laws, rules and regulations promulgated and enforced by the City of Redlands, California, and by any other proper authority having jurisdiction over the conduct of operations at the Redlands Municipal Airport. The fee schedule listed in paragraph 6 herein, is not considered as coming under the purview of this paragraph. Any fee changes will be made by separately negotiated agreements between the Lessee and the City. c. The City of Redlands shall have complete dominion over the premises described in the "Property Leased" section, page 1 , herein during the term of this lease for the purpose of and to the extent necessary to maintain law, order, and safety, and has the authority and right to deny access to the Redlands Municipal Airport by any person who fails to conform in all respects to this lease. 13. Notices : a. It is agreed that any notice to be given or served upon , the Lessee, shall be sufficient if sent by registered mail , postage prepaid, and any notice to be given or served upon City shall be sufficient if sent by registered mail , postage prepaid, and any notice to be given or served upon City shall be sufficient if sent by registered mail , postage prepaid, addressed to Director of Aviation, City of Redlands, P. 0. Sox 230, Redlands, California, Zip Code 92373. 14. Assignment of Lease; Successors and Assigns: a. Assignment of Lease Lessee shall have the right to assign this lease subject to Assignee meeting the City' s requirements concerning financial responsibility, and the City granting advance written approval . Any assignment of this lease will require that the Assignee be subject to all conditions, items, and provisions of the lease. City approval of such lease assign- ments shall not be unreasonably withheld. b. Successors and Assns By this lease, the Lessee binds itself, trustees, representatives, and all successors and assigns in interest. The Lessee guarantees the performance of any and all covenants and conditions contained in this agreement; and upon the failure of any successor in interest to so perform, Lessee agrees to complete such covenants, conditions and requirements of this agreement. 15. Recording of Lease: a. Lessee agrees to the recording of this lease. This lease becomes effective May 1 , 1979. -11- Executed at Redlands, California on this °' da of 1 . �. CITY ,O1---- EDLAND (Lessor) � f ATTEST: By y layor Ud J. rtinez, Cit y l REDLA DS MUTUAL ENTERPRISES. INC. APPROVED FOR FORM: s Edward F. Taylor Gearge�, CCollins - President � ��_ C�ty Attorney N� � �- � .., gyp. --.�' �.'_ Leon' 4iii l' i' aais Secre t' �` ��"� 'r`";�'�, ���.-�y dry✓ Aren w. �Treasurer -12- i Encls: Areas Leased and Areas Excluded . . . . . . . . . . . . . . Exhibit "A" Legal Descriptions of Leased Land . . . . . . . . . . . . . . Exhibit "A-1 " City of Redlands Assurances to Federal Aviation Administration . . . . . . . . . . . . . . . . . . . . . . . Exhibit "B" Schedule to Begin Payments . . . . . . . . . . . . . . . . . Exhibit "C" -13- ....... _ I EXHIBIT°A' i SB9°9n 935.00' Sas,4 n5'W XCLUDED AREA *Z,.._ PAS CEL PARCEL PARCEL L > °P i s s . #4 � h /- �.:.. --j EAse.MENr*I— CE—t Parke--u,o02 s ft EASEMENT 05'7 w, SEASEMTG j IA �^'ELb iPN tn-n- c ,t PA RC E.,L EASEMENt' 1— to y /`76 void hp- S 4t d c. I .0 •. ���,. � `�'+ 33L 4 �e EA5EMa9T� y G%C LUOftD A '1�' X41 �`Han9ei�'I—v�670501 ft I rz 1 ry .✓ PARC LfNo.1 (431,405 SQ. PAROL NO. 2 (162,320 SQ FT) PARCEL N0. 3 {154,633 SQ FT) r' , r PUBLIC LOBBY ANO PATIO PARCEL N0. 4 (120,165 SQ.FT) EXCLUDED AREA '* I ( 12,464 sq. ft ) PARCEL NO, 5 (1 1 1 ,816 SQ.FT EXCLUDED AREA "2 ( 10,000 $q. ft) ,,r l EASEM •NT e TQ rrrV FOR AIRCRAFT ACCESS TO I-AV r ..1. y a /� dry, EASEMENT 2 Tp-CITY� PEDESTRIAN A6CES5 FROM AtITO PAeKlWo TO P-BLI. 4„C1E EASEMENT 8 TO C1-'Y VEHICULAR AND PE DES7RIAJ ACCESS 70 TAXIM4'ry WAYEA -rCI VEN U R ACCESS '— SEMENTy- ITY '• � }`` R," 1 111 } 1 ,,. ' A5EMENT 4'B�TC) C)TY SAn 1 1 Al ja 1 l l I 0 w M� EXHIBIT "A-I" PARCEL #4 That portion of the North 1/2 of the SE 1/4 of Section 13, T.1 S. R. 3 W. S.B.M. according to Government Survey described as .follows: Beginning at the SE corner of said Section 13 as shown on Parcel Map No. 1124 recorded in Book 12 of Parcel Maps, Page 14 in the Office of the County Recorder, County of San Bernardino, State of California; thence North along the East line of said Section 13, 2198.92 feet; thence South 890 54' 37" West, 1557.05 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 279.50 feet; thence Northwesterly along said curve through a central angle of 200 34' 00" an arc distance of 100.33 feet to a point, said point having a radial which bears N 200 28' 37" E, said point also being the True Point of Beginning; thence continuing Northwesterly along said curve through a central angle of 140 40' 51 " an arc distance of 71 . 62 feet to the beginning of a reverse curve concave Southwesterly and having a radius of 320.50 feet; thence North-- westerly along last said curve through a central angle of 350 14' 51 " an arc distance of 197. 17 feet to a point of tangency; thence S 890 54' 37" W, 74.63 feet; thence N 00 05' 23" W, 346.50 feet; thence N 890 54' 37" E, 322.70 feet; thence S 00 05' 23" E to the True Point of Beginning. EASEMENT #4 A 20 foot wide public easement for aircraft, vehicular and pedestrian use, being That portion of the North 1/2 of the SE 1/4 of Section 13, T. 1 S. R. 3 W. S.B.M. according to Government Survey described as follows: Beginning at the SE corner of said Section 13 as shown on Parcel Map No. 1124 recorded in Book 12 of Parcel Maps, Page 14 in the Office of the County Recorder, County of San Bernardino; State of California; thence North along the East line of said Section 13, 2198.92 feet; thence South 890 54' 37" West, 1557.05 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 279.50 feet; thence Northwesterly along said curve through a central angle of 350 14' 51 " an arc distance of 171 .94 feet to the beginning of a reverse curve concave Southwesterly and having a radius of 320.50 feet; thence North- westerly along last said curve through a central angle of 350 14' 51 " an arc distance of 197.17 feet to point of tangency; thence S 890 54' 37" W, 74.63 feet to the True Point of Beginning; thence N 00 05' 23" W, 346.50 feet, thence N 890 54' 37" E, 20.00 feet; thence S 00 05' 23" E, 346.50 feet; thence S 890 54' 37" W, 20.00 feet to the True Point of Beginning. EXHIBIT "B° City of Redlands (Sponsor) Assurances to the Federal Aviation Administration in connection with Project Application dated September 25, 1973, for Grant Agreement No. 7-06-0195-02. In order to furnish the assurances required by the Act and Regulations the Sponsor- hereby covenants and agrees with the United States as follows: 1 . These covenants shall become effective upon acceptance by the Sponsor of an offer of Federal aid for the Project or any portion thereof, made by the F.A.A. and shall constitute a part of the Grant Agreement thus Formed. These covenants shall remain in full force and effect throughout the useful life of the facilities developed under this Project, but in any event not to exceed twenty (20) years from the date of said acceptance of an offer of Federal aid for the Project. However, these limitations on the duration of the covenants do not apply to the covenant against exclusive rights. Any breach of these covenants on the part of the Sponsor may result in the suspension or termination of, or refusal to grant Federal assistance under F.A.A. administered programs, or such other action which may be necessary to enforce the rights of the United States under this agreement. 2. The Sponsor will operate the Airport as such for the use and benefit of the public. In furtherance of this covenant (but without limiting its general applicability and effect) , the Sponsor specifically agrees that it will keep the Airport open to all types, kinds, and classes of aeronautical use on fair and reasonable terms without discrimination between such types, kinds, and classes. Provided: That the Sponsor may establish such fair, equal and not unjustly discriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Airport; And Provided Further, That the Sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the Airport if such action is necessary for the safe operation of the Airport or necessary to serve. the civil aviation needs of the public. 3. The Sponsor - a, Will not grant or permit any exclusive right forbidden by Section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349 (a)) at the Airport, or at any other airport now owned or controlled by it; b. Agrees that, in furtherance of the policy of the F.A.A. under this covenant, unless authorized by the Administrator, it will not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right at the Airport, or at any other airport now owned or controlled by it, to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, .aircraft rental and sightseeing aerial photography, crop dusting, aerial advertising and surveying, air Carrier operations, aircraft sales and services , sale of aviation petroleum products -1.4 -. whether or not conducted in conjunction with other aeronautical activity, repair, and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity. c. Agrees that it will terminate any existing exclusive right to engage in the sale of gasoline or oil , or both, granted before July 17', 1952, at such an airport, at the earliest renewal , cancellation, or expiration date applicable to the agreement that established the exclusive right; and d. Agrees that it will terminate any other exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under the Airport and Airway Development Act. 4. The Sponsor agrees that it will operate the Airport for the use and benefit of the public, on fair and reasonable terms, and without discrimination. In furtherance of the covenant (but without limiting its general applicability and effect) , the Sponsor specifically covenants and agrees: a. That in its operation and the operation of all facilities on the Airport, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, color, creed, or national origin in the use of any of the facilities provided for the public on the Airport. b. That in any agreement, contract, lease, or other arrangement, under which a right or privilege at the Airport is granted to any person, firm or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the Airport, the Sponsor will insert and enforce provisions requiring the Contractor: (1 ) to furnish said service on a fair, equal , and not unjustly discriminatory basis to all users thereof, and (2) to charge, fair, reasonable, and not unjustly discriminatory prices for each unit or service; Provided, That the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. That it will not exercise or grant any right or privilege which would operate to prevent any person, firm or corporation operating aircraft on the Airport from per- forming any services on its own aircraft with its own employees (including, but not limited to maintenance and repair) that it may choose to perform. d. In the event the Sponsor itself exercises any of the rights and privileges referred to in subsection b, the services involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaires of the Sponsor under the provisions of such subsection b. -IS- 5. Nothing contained herein shall be construed to prohibit the granting or exercise of an exclusive right for the furnishing of non-aviation products and supplies or any service of a non-aeronautical service at the airport. 6. The Sponsor will operate and maintain in a safe and serviceable condition, the Airport and all facilities thereon and connected therewith which are necessary to serve the aeronautical users of the Airport other than facilities owned or controlled by the United States, and will not permit any activity thereon which would interfere with its use for airport purposes: Provided, That nothing contained herein shall be construed to require that the Airport be operated for aeronautical uses during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance: And Provided Further, That nothing herein shall be construed as requiring the maintenance, repair, restoration or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Sponsor. In furtherance of this covenant, the Sponsor will have in effect at all times , arrangements for: a. Operating the Airport's aeronautical facilities whenever required. b. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions, and c. Promptly notifying airmen of any condition affecting aeronautical use of the Airport. 7. Insofar as it is within its power and reasonable, the Sponsor will , either by the acquisition and retention of easement or other interests in or rights for the use of land or airspace or by the adoption and enforcement of zoning regulations, prevent the con- struction, erection, alteration, or growth of any structure, tree or other object in the approach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards prescribed in Section 77.23, as applied to Section 77.25, Part 77 of the Federal Aviation Regulations, In addition, the Sponsor will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future development of the Airport in any portion of a runway approach area in which the Sponsor has acquired, or hereafter acquires, property interests permitting it to so control the use made of the surface of the land. 8. Insofar as it is within its power and reasonable, the Sponsor will , either by the acquisition and retention of easement or other interest in or rights for the use of land or airspace or by the adoption and enforcement of zoning regulations, take action to restrict the Use of land adjacent to or in the immediate vicinity of the Airport to activities and purposes compatible with normal airport operations including landing and takeoff of aircraft. -1b - 9. The Sponsor will keep up to date at all times an airport layout plan of the Airport showing (1 ) the boundaries of the Airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Sponsor for airport purposes, and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons; terminal buildings, hangars and road), including all proposed extensions and reductions of existing and proposed non-aviation areas and of all existing improvements rovements thereon. Such airport layout plan and each amendment, revision, or modification thereof, shall he subject to the approval of the F.A.A. . which approval shall be evidenced by the signature of a duly authorized representative of the F.A.A. on the face of the airport layout plan.. The Sponsor will not Make or permit the making of any changes of alterations in the Airport or any of its facilities other than in conformity with the Airport Layout plan as so approved by the F.A.A. if such changes or alterations might adversely affect the safety, utility, or efficiency of the Airport. 10. All facilities of the Airport developed with Federal aid and all those useable for the landing and taking off of aircraft, will be available to th.e United States at all times , without charge, for use by government aircraft in common with other aircraft, except that if the use by government aircraft is substantial , a reasonable share, proportional to such use, of the cost of operating and maintaining facilities so used, may be charged. Unless otherwise determined by the F.A.A. , or otherwise agreed to by the Sponsor and the using agency, substantial use of an airport by government aircraft will be considered to exist when operations of such aircraft are in excess of those which, i.n the opinion of the F.A.A. would unduly interfere with use of the landing area by other authorized aircraft, or during any calendar month that: a. Five (a) or more government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement and each takeoff as a movement) of government aircraft is 300 or more, or the gross accumulative weight of government aircraft using the Airport (the total movements of government aircraft multi- plied by gross certified weights of such aircraft) is in excess of five [pillion pounds. 11 . Wenever so requested by the F.A.A. , the Sponsor will furnish without cost to the Federal Government, for construction, operation, and maintenance of facilities for air traffic control activities, or weather reporting activities and communication activities, related to air traffic control , such areas of land or water, or estate therein, or rights in buildings of the Sponsor as the F.A.A. may consider necessary or desirable for construc- tion at Federal expense of space or facilities for such purposes. The approximate amounts of areas and the nature of the property interests and/or rights so required will be set forth in the Grant Agreement relating to the Project. Such areas or any portion thereof will be made available as provided herein within 4 months after receipt of written request --17 - from the F.A.A. 12. The Airport operator or owner will maintain a fee and rental structure for the facilities and services being provided the airport users which will make the Airport as self-sustaining as possible under the circumstances existing at the Airport, taking into account such factors as the volume of traffic and economy of collection. 13. The Sponsor will furnish the F.A.A. with such annual or special airport financial and operational reports as may be reasonably requested. Such reports may be submitted on forms furnished by the F.A.A. or may be submitted in such manner as the Sponsor elects so long as the essential data are furnished, The Airport and all airport records and documents affecting the Airport, including deeds, leases, operation and use agreements, regulations and other instruments, will be made available for inspection and audit by the Secretary and the Comptroller General of the United States , or their duly authorized representatives, upon reasonable request. The Sponsor will furnish to the F.A.A. or to the General Accounting Office, upon request, a true copy of any such document. 14. All project accounts and records will be kept in accordance with a standard system of accounting if so prescribed by the Secretary. 15. If at any time it is determined by the F.A.A. that there is any outstanding right or claim of right in or to the Airport property, other than those set forth in Part II of the City of Redlands Project Application for Project #7-06-0195--02, paragraphs 7 (a) , 7 (b) , and 7 (c) , the existence of which creates an undue risk of interference with the operation of the Airport or the performance of the covenants of this Part, the Sponsor will acquire, extinguish, or modify such right or claim of right in a manner acceptable to the F.A.A. 16. The Sponsor will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction, the obligation to -perform all such covenants is assumed by another public agency found by the F.A.A. to be eligible under the Act and Regulations to assume such obligations and having the power, authority, and financial resources to carry out all such obligations. If an arrangement is made for management or operation of the Airport by any agency or person other than the Sponsor or any employee of the Sponsor, the Sponsor will reserve sufficient rights and authority to insure that the Airport will be operated and maintained in accordance with the Act, the Regulations and these covenants. 17. Unless the context otherwise requires, all terms used in these covenants which are defined in the Act and the Regulations shall have the meanings assigned to them therein. i EXHIBIT "C" Payments as defined in Section 6, lease Payments, shall not commence until such time as the City of Redlands provides public access to the lease property, FIRST AMENDMENT to AIRPORT LEASE between CITY OF REDLANDS and REDLANDS MUTUAL ENTERPRISES This lease entered into on July 5 , 1979 between the City of Redlands , a municipal corporation, the lessor, and Redlands Mutual Enterprises , hereinafter referred to as the ""lessee, "" is hereby amended to add the following : The lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 15,2 , Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part I52 , Subpart E. The lessee assures that no person shall be excluded on these grounds from par- ticipating in or receiving the services or benefits of any program or activity covered by this subpart . The lessee assures that it will require that its covered suborganizations provide assurances to the lessee that they similarly will undertake affirmative action pro- grams and that they will require assurances from their suborganizations , as required by 14 CFR Part 152 , Subpart E, to the same effect . Executed at Redlands , California on this day of 19 8 0 . CITY OF R EDLAND,S .Jlessor) ATTEST : By 7� Charles`G,.''DeMiT3 ayo, Gity Cler Vr) cl REDLANDS MUTUAL ENTERPRISES , INC . APPROVED FOR FORM: ✓ eery r, endt President r 0 r sl Edward F. Taylor City Attorney -Ledtr'Willidms Secr6tary-Treasurer CITY` MANAGER On motion of Councilman Martinez, seconded by Council- Grant man Roth,' Council unanimously accepted, a grant deed Deed from Charles C. Parker,. et al, for the right-of-way on Sunset Drive and Wabash :A,venue. An additional appropriation from the Park Acquisition. Fund to purchase 9.2 acres of a producing orange grove Funds can the north side of Brookside Avenuer east of Terra- Park sand Gina, for park purposes was unanimously approved on motion of Councilman Martinez, seconded by Councilman Riordan. An additional. appropriation in the amount of $1 ,127 , 91 from the General Fund to pay an outstanding bill, from June, 1978, which was never received by the City, to the Employment Development Department was approved on motion of Councilman Gorman, seconded by Councilman Riordan,. by the.- following roll call, vote.: Funds AYES; Counoi.lmembers Gorman, Riordan, Martinez; Employment Mayor DeMirjyn office NOES Couneilmember Roth ABSENT: None The City had been using Revenue Sharing Funds to pay some of the expense o� the Employment' office which is located on Brookside Avenue. An additional appropriation for approximately $1.7 ,000. 00 for the Water Department to purchase a 3/4 ton pickup Funds truck with special truck bed and hydraulic water valve Fater operator equipment for the implementation of a- water Department valve exercising program to insure the proper operation Truck of valves throughout the water system during emergency conditions was unanimously approved on motion of Council- man Riordan, seconded by Councilman Roth. On motion of Councilman Garman, secondee.{ by Counoilman outside Riordan, an outside the city sewer connection to a Sewer building owned by Calvary Chapel, located at' the south Connection west corner of Alabama Street and San Bernardino Avenue, was unanimously approved. In order to comply with current Federal regulations and provide for an affirmative action program and, other non- Airport discriminatory actions, Coun.cAi.l unanimously approved the Lease first airport lease amendment with Redlands Mutual, Enter- Amendments prises and Redlands Aviation Corporation and authorized. the Mayor to sign on behalf of the City on motion, of Councilman Martinez , seconded by Councilman Riordan. Page eight - August 19, 1980 REDLANDS MUTUAL ENTERPRISES, INC. - CITY OF REDLANDS MASTER LEASE AGREEMENT REDLANDS MUNICIPAL AIRPORT PARCEL NO. 4 LEASE AMENDMENT NO. 2 The MASTER LEASE AGREEMENT , dated July 5 , 1979 , and amendments thereto, between the City of Redlands, hereinafter called "City" , and Redlands Mutual Enterprises , Inc . , hereinafter called "Lessee" , is hereby amended as follows; Section 1 The legal. description Shown on Exhibit "A--1" shall be amended to increase the size of Parcel No . 4 by 19 ,057 .5 square feet by adding 55 feet to the westerly portion of the parcel. The revised legal description is attached and made a part thereof. Section 2 Under Section 1, "kX9p rty used", delete Paragraph b. "E�,,�gments4T Section 3 The following annual, rental in addition to the lease payments paid in accordance with Section 6, "Lease Payments" of the Master Lease Agreement shall be paid to the City by Lessee commencing on the date of this amendment, and shall be paid as follows; a) 191,057.5 square feet of unimproved land at $0 .061 per square foot per year until such time as the construction of Sessums Drive along the frontage of Parcel No. 5 is completed. 19,057 .5 .s.f. x $0 .067. = $1,162.50 b) 19,057 .5 square feet of unimproved land at $0 .093 per square foot. per year after completion of Sessums Drive along the frontage of Parcel No. 5 . 19,057 .5 -s .f. x $0 .093 = $1.,772 .35 c) Rental charges identified in Section 3 , a) above, reflect a return of 15% annually to the City, based on the purchase price for the property. The pro- grammed full airport appraisal will identify the correct "market value" of airport property and establish accurate rental charges . These new charges may require adjustment of those indicated this Amendment. d) Lessee agrees that following the programmed ap- praisa'i, the additional land rental identified in Section 3, a) above, -will be adjusted to equal the new appraised values, Any increase, however, will not exceed $0 .024 per square foot .per year. Lessee will pay the new identified rental charge, as identified in the appraisal, or $0 .085 per square foot per year, whichever charge is the lower of the two. e) Completion of 5essums Drive will result in an additional charge of $0 ; 032 per square foot per year to the charge indicated in. Section 3 . d) above. This additional charge reflects the charge increase indicated in Section 3 . b) above for the period. prior to' the appraisal. f) Adjustments to these annual rates shall be made in accordance with Section 6 (c) , "Adjustment of Lease Payments" . Section 4 Under Section 6, "Lggog Payments-7-f delete paragraph c. " ' gQ. .Lease I!Avments_"_ (1) in its entirety and add the following new paragraph c6 Adjustment Rf Lip Pavments (l) ".(l) Commencing on May 1 , 1986 and - each five years thereafter, the schedule of lease payments .' identified in paragraph 6.a, as amended, shall be adjusted in proportion to the change in the Consumer Price Index (CPI) for the U. S. City, Urban Wage Earners and Clerical Workers Index . as promulgated by the Bureau of Labor Statistics of the U. S. The � Department of Labor . T Dep adjustment for each rental adjustment shall be based on the following: (a) Basic rent shall not decrease as a result of changes to CPI . ; (b) Basic rent adjustment shall. be Five Percent (5%) per year or - the percentage change in CPI per year , whichever is less. (c) The CPT adjustment will be calculated as follows : Each -year, the base year for calculating the adjustment will be the full year preceding the-year to be adjusted. The total five year change in CPT or an increase in rent of Twenty Five Percent (25%) , whichever is lessr will be 'applied as rental adjustment. (d) Five year rental adjustment shall be calculated during the second month following.' the end of each 5 year period as, identified in paragraph 6 .c. (1) above . City shall notify Lessee of the adjusted rental before the end of the third month following the end of each 5 year period . Lessees , upon notice from City of the rent adjustment shall .:make up the difference for' the preceeding months back to the" May 1 due date, and commence paying the new established rent. Section 5 The insurance requirements for the entire parcel as amended shall. be 'revised as follows: a) Delete Section 7 , in its entirety to include sub-paragraphs, and add the following. new Section 7 , "Insurance": 7 . Tnsurange a. As a condition precedent to the effectiveness of this lease and in partial performance of the Lessee ' s obligations hereunder, Lessee, at his own expense, shall deliver to City for approval, certificates or policies of insurance as evidence that the following types, and amounts of insurance are in. effect during the entire term 'of this lease: (1) Bodily Injury Liability : .$1AL-H-A-9-Q Q��ined Sinal Limit per occurance. Such insurance shall include, but not be limited to, general aviation ,and airport liability, endorsed for hangar- keeping and premises liability, products and completed operations, and contractual liability. (2) Property Damage: $200 .Q00 Combingd Single Limit (3} Fire Insurance: Adequate to cover full cash value of Lessee's personal property, tenants improve- ments and betterments located on leased premises. (4) Worker' s Compensation Insurance: In the event Lessee hires any employees , Lessee shall provide a suitable policy of ' insurance in accordance with the provi- sions of the California Labor Code in relation to Workers ' Compensation Insurance. b. The City shall also be named' i.nsured under said policy or policies of insurance. Lessee shall be re- quired to inform City in writing of any change, expiration or renewal of insurance policy or policies within thirty (30) days of effective date of change. Further, each policy shall provide that same shall not be cancelled until a thirty (30) day written notice of cancellation has been mailed to the City of Redlands, Airport Manager, 30 Cajon ' Street, Redlands, CA 92373. x' c. All insurance required shall be maintained in force at all time by Lessee, Failure to maintain said insur- ance, due to expiration, cancellation, etc. , shall be cause for the City to give notice to immediately suspend all Les- see's business activities at the airport. Failure to rein- state said insurance within thirty (30) days shall be cause for termination,'and forfeiture of this lease. d. The procuring of such policies of insurance shall not be construed to be a limitation upon the Lessee' s liability, or as a full performance on its part of the in- demnification provisions of this lease. Lessee's obligation being notwithstanding said policies of insurance, for the full and total amount of any damage, injury pr loss caused by negligence connected with its operation under this lease. e. Lessee shall indemnify and hold harmless the City, its officers, agents and employees, from and against any and all claims, demands, loss or liability of any kind or nature which sustain or incur or which may be imposed upon them or any of them, for injury to or death of any persons or damage to any property in the use of the premises described in the "Property Leased" section, Page 1, herein. Section 5 Under Section 8. , "Construction -Qri And Modification and Maintenance, premi , loagd"s Paragraph a, Construction: add the following new paragraph ( 2 ) _ hg�sa�g_ Q Construction (2) Sghedule f-p-L Conntr=fin a. Lessee agrees to commence construction of hangar development within one hundred twenty (120) days following approval of this Amendment by the 'City. Further, construction will be completed within one hundred twenty (120) days following initiation of construction. Subsequent hangar development, following the first unit of.-construction, will be initiated within one hundred twenty (120) days following full occupancy of the prior hangar constructed. Further construction will be predicated on initiation of construction within one hundred twenty (120) days of full occupancy of prior hangar constructed with a completion date of one hundred twenty (120) days for each hangar complex started. b. City will automatically extend the development time requirements if delays are experienced in processing plans, permit or other items that are attributable time if delays are experienced in engineering , funding or other items beyond control of the Lessee. Request for ex- tensions shall be submitted to the City, in writing, at least five (5) days prior to the, end of the applicable development time period. Executed at Redlands, California, on this 7th —day of October 1986. CITY OT REDLANDS By Mayor of the City of Redlands ATTEST: City lerk, Ci Redlands REDLANDS MUTUAL ENTERPRISES, INC. POtident Treasurer Secretary Transportation On motion of Councilmember Beswick, seconded by Councilmember Fund Claim Milson, Council unanimously authorized the filing of a claim to San Bernardino Associated Governments in the amount of $16,138.81 for Local Transportation Fund - Article 3 funds for the Brookside Avenue/Center Street Handicap Ramp and Sidewalk Project. Funds On motion of Councilmember Beswick, seconded by Councilmember Cunningham, Council unanimously authorized the installation of Traffic traffic signals at the intersection of Orange Street and Pioneer Signals Avenue during fiscal 1990-91 and to appropriate funds in the amount of $100,000-00 for the engineering and construction of the project. Yard Waste Mr. Malcolm Hebert addressed Council regarding the difference Collection between the fee charged per ton at the California Street Landfill and the actual cost. Municipal Utilities Director Kim described for Council the Yard/Wood Waste Collection Pilot Program now in operation. City Manager Wheaton expressed that this program has not yet been reviewed by the newly-organized Public Works Commission that now includes two members from the Solid Waste Task Force. The Commission's imput would be helpful to establish the ultimate contractor for the City's collections. Newly-appointed Public Works Commissioner George Webber concurred that the Commission needs time to develop recommendations. On motion of, Councilmember Beswick, seconded by Councilmember Larson, Council unanimously approved the extension of the Yard/Wood Waste Collection Pilot Program until June, 1991, and referred the matter to the Public Works Commission for recommendations for an ultimate solution. Proposition Councilmember Larson suggested no action being taken on No, 130 Resolution No. 4703, endorsing Proposition 130, The Ancient Forest and Wildlife Protection and Bond Act of 1990, until more information is available because of the impact it has on the lumber industry. Mayor DeMirjyn concurred that the industry would be devastated. Councilmember Cunningham commented that jobs were being lost because lumber was being shipped directly overseas, thus closing mills here. Community Services Director Rodriguez clarified that the Parks Commission also took no position on the matter. Councilmembers then unanimously concurred to take no action on this resolution. Airport Lease On motion of Councilmember Beswick, seconded by Councilmember Milson, Council unanimously approved the assignment of the Master Lease Agreement with Redlands Mutual Enterprises, Inc. for Parcel No. 4 at the Redlands Municipal Airport to the Redlands Hangar Owners' Association, Inc. and to approve Amendment No. 3 to said Master Lease which satisfies the required lessee name change and lease amendment. October 16, 1990 Page eleven -- E REDLANDS MUTUAL ENTERPRISES, INC. - CITY OF REDLANDS MASTER LEASE AGREEMENT REDLANDS MUNICIPAL AIRPORT PARCEL NO. 4 LEASE AMENDMENT NO. 3 The MASTER LEASE AGREEMENT, dated July 5, 1979, and amendments thereto between the City of Redlands, hereinafter called "City", and Redlands Mutual Enterprises, Inc. , hereinafter called "Lessee" , is hereby amended as follows: LESSEE identity - The name of Lessee: "Redlands Mutual Enterprises, Inc. ", shall be changed to read: "Redlands Hangar Owners ' Association, Inc. " . Executed at Redlands, California, on this 16th day of October 1990. J CITY OF REDLANDS 19 7 y as fes.. Mayor ,bf the J dlands ATTEST: / Deputy City Clerk REDLANDS GA_R.0.4NERS ' Assn. , INC, C � . E. FOSTE PRESIDENT Title j E r Airport Lease Following brief discussion, on motion of Councilmember Cunningham, seconded by Councilmember Foster, Council approved by AYE votes of all present Lease Amendment No. 4 of the Master Lease for Lease Parcel No. 4, Lease Amendment No. 4 for Parcel Vo No. 5, and Memorandum of Master Ground. Lease for Lease Parcel. No. 5 at the Redlands Municipal Airport, as recommended by the Airport Advisory Board. Sessums Drive On motion of Councilmember Foster, seconded by Councilmember Larson, Council approved by AYE votes of all present a Declaration of Dedication for land at the Redlands Municipal Airport for public road purposes on. Sessums Drive and authorized the Mayor and City Clerk to execute said document. Resolution On motion of Councilmember Foster, seconded by Councilmember No. 4571 Larson, Council approved by AYE votes of all present Resolution No. 4571, a resolution of the City Council of the City of Redlands Parking establishing the following traffic regulations pursuant to Title 10 of the Redlands Municipal Code. establish a two-hour parking limit on the south side of Clive Avenue and the west side of Myrtle Street fronting 222 East ©live Avenue. Where being no further business, the meeting adjourned at 8:13 P.M. to an adjourned regular meeting to be held on Tuesday, May 12, 1992, at 6:0,,0 P.M. in the City Hall Auditorium, 34 Cajon Street, Redlands, California. Next regular meeting, May 5, 1992. City lark � May 5, 1952 Page eight - f f i REDLANDS HANGAROWNERS ASSOCIATION, INC - CITY OF REDLANDS MASTER LEASE AGREEMENT REDLANDS MUNICIPAL AIRPORT PARCEL NO. 4 LEASE AMENDMENT NO. 4 The MASTER LEASE AGREEMENT, dated July 5, 1979, and amendments thereto, between the City of Redlands, hereinafter called "City" , and Redlands Hangarowners Association, Inc. , hereinafter called "Lessee" , is hereby amended as .follows: Section 1 The legal description shown on Exhibit "A-1" shall be amended to add 6 feet to the westerly portionof the parcel and remove 7 feet .from the southerly portion of the parcel . The area of the parcel is reduced by 617.8 square feet. The revised legal. description is attached and made a part thereof. All other provisions of the Master Lease Agreement, unless specifically amended herein or by prior written Amendments thereto, remain in full force and effect. Any conflict between the Master Lease Agreement as previously amended, and this Amendment, shall be resolved in favor of this Amendment. Executed at Redlands, California, on this 5th day of May 1992. CITY OF RE - P.Y;14 - M yo t C ' y of dlands ATTEST: CI y' er1 , C Redlands REDLANDS HANGAROWNERS ASSOCIATION, INC. .A j - I?L- d - i- REVISED LEGAL DESCRIPTION FOR MASTER LEASE AGREEMENT REDLANDS MUNICIPAL AIRPORT - PARCEL NO. 4 THAT PORTION OF THE EAST 1/2 OF SECTION 13, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1, TRACT NO. 12083-1, AS PER PLAT RECORDED IN BOOK 176 OF MAPS, PAGES 63 AND 641 RECORDS OF SAN BERNARDINO COUNTY, SAID POINT LYING ON THE NORTH LINE OF SESSUMS DRIVE; THENCE NORTH 890 55 ' 16" EAST ALONG THE NORTH LINE OF SAID SESSUMS DRIVE, 266. 13 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 000 05 ' 23" WEST 339.97 FEET; THENCE NORTH 890 54 ' 37" EAST 383 . 71 FEET TO AN INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE WEST LINE OF MASTER LEASE AGREEMENT PARCEL NO. 3; THENCE SOUTH 000 05 ' 23" EAST ALONG SAID WEST LINE IN ITS NORTHERLY PROLONGATION, 431. 59 FEET TO A POINT ON THE NORTH LINE OF SESSUMS DRIVE, SAID POINT BEING A POINT ON A CURVE, SAID POINT ON THE CURVE HAVING A RADIAL BEARING OF SOUTH 210 03 ' 32" WEST, SAID CURVE BEING CONCAVE TO THE NORTHEAST; THENCE CURVING TO THE RIGHT ALONG SAID CURVE HAVING A RADIUS OF 273 . 09 FEET (PREVIOUSLY RECORDED AS 273 . 00 FEET) THROUGH A CENTRAL ANGLE OF 140 05 ' 10" AN ARC DISTANCE OF 67. 14 FEET TO A POINT OF REVERSE CURVE; THENCE CURVING TO THE LEFT ALONG A CURVE CONCAVE TO THE SOUTHWEST WITH A RADIUS OF 327.27 FEET (PREVIOUSLY RECORDED AS 327 . 00 FEET) THROUGH A CENTRAL ANGLE OF 350 13 ' 26" AN ARC DISTANCE OF 201.. 19 FEET TO THE END POINT OF SAID CURVE LYING ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID SESSUMS DRIVE, SAID POINT BEING NORTH 890 55 ' 16" EAST 135. 93 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH 890 55' 16" WEST 135. 93 FEET TO THE POINT OF BEGINNING. i PREPARED BY: s o 4AND v HAROLD R. HARTV!ErK 0 D R. RT K NO.. 28�1 L.S. NO. 2 851 Exp. June 30, 1992 U11— CALI`f REDLANDS HANGAR OWNERS' ASSOCIATION - CITY OF REDLANDS MASTER LEASE AGREEMENT PARCEL NO. 4 LEASE AMENDMENT NO. 5 The MASTER LEASE AGREEMENT, dated July 5, 1979, and amendments thereto, between the City.of Redlands, hereinafter called "City", and "Redlands Hangar Owners' Association, Inc.", hereinafter called "Lessee", is hereby amended as follows: Section 1.c. Term of Lease: The section shall be changed to read: "(1) TO HAVE AND TO HOLD, Parcel #4 of the demised premises including the use of all public runways, taxiways, and ramps in common with others, for the term of twenty years commencing on the 1st day of May, 1979, and ending on the 30th day of April, 1999 unless sooner terminated as hereinafter provided, and subject to the conditions and covenants herein." Section l.d. Renewal Option: The Section shall be changed to read: "Lessee shall have three successive options for extending this lease for periods of ten (10) additional years each, from May 1 1999 to April 30 2009 from May 1 2009 to April 30 2019 and from May 1 2019 to April 30 2029, respectively, as regards the leasing of Parcel #4," Executed at Redlands, California, on this _. 16th day of March 1999. CITY OF REDL NDS By ATTEST: -Vay4 of the City oT Redl ds Citylerk, Ci f:.¢dlands REDLANDS HANGAR OWNERS ASSOCIATION, INC. Title P e s l.de> Tit Secretary S Code: install stop sign on Fifth Avenue at Dearborn Street making the intersection an all-way stop. Motion seconded by Councilmember Banda and carried unanimously. Resolution No. 5623 - Conflict of Interest Code - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council unanimously adopted Resolution No. 5623, a resolution of the City Council of the City of Redlands adopting an amended conflict of interest code pursuant to the Political Reform Act of 1974 and amending Resolution Nos. 3290 and 5553, and elimi- nating the position of Chief Building Official as the position has been changed from management to mid-management as a result of City Council action on March 2, 1999. Resolution No. 5624 Candidate Statement Regulations - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council unanimously adopted Resolution No. 5624, a resolution of the City Council of the City of Redlands adopting regulations for candidates for elective office pertaining to materials submitted to the electorate and the costs thereof for the general municipal election to be held in said City on Tuesday, November 2, 1999. V,-''airport Master Lease Agreement Amendment - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council unanimously approved Lease Amendment No. 5 to the Master Lease Agreement for Parcel No. 4 at the Redlands Municipal Airport. This amendment will correct the dates in the Master Lease Agreement to provide for the proper initial term and extension. Proclamation - National Diversity Week - Councilmember Gilbreath reported the Human Relations Commission will hold a workshop on March 29, 1999, to discuss diversity in the community, and moved to continued this request for a proclamation declaring the week of April 24 - May 1, 1999,. as National Diversity Week in Redlands to April 6, 1999, and refer the request to the Human Relation Commission for their review. Motion seconded by Council- member Freedman and carried unanimously. Funds - Recreation Bureau - Gift - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council unanimously approve the appropriation in the amount of $500.00 to fund equipment and supplies for mobile recreation programs within the Recreation Bureau. These funds were won by Mayor Pro Tem Geni Banda at a recent Manufactured Housing Education Trust (MHET) luncheon honoring elected officials. Su erior CourtRedlands Division Agreement - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council unanimously March 16, 1999 Page 3 !I I REDLANDS HANGAR OWNERS' ASSOCIATION, INC. P.O. Box 7690 Redlands, CA 92375-0690 (909) 794-8964 April 5, 1999 City Clerk' s Office City of Redlands P. 0. Box 3005 Redlands, CA 92373 AMENDMENT NO. 5 TO MASTER LEASE AT REDLANDS AIRPORT Per Mr. Laaninen' s instructions, enclosed is a fully executed original of Amendment No. 5 to the Master Lease Agreement for Parcel No. 4 at the Redlands Municipal Airport. If you have any questions, you may contact me at 794-8964 k �James H. Landfri d Corporation Secretary encl