RESOLUTION NO. 19694 (N.C.S.)
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT
WITH R&B HELICOPTERS INC FOR THE USE OF OFFICE AND HANGAR SPACE
AT THE SALINAS MUNICIPAL AIRPORT
WHEREAS, R & B Helicopters Inc. desires to enter into a lease with the City of Salinas to occupy office and hangar space in building T-52 for the purpose of providing helicopter telated agricultural; and
WHEREAS, this is a continued use of facilities by R & B Helicopters Inc. who previously provided services under a sublet in the same properties; and WHEREAS, Staff and representatives of R & B Helicopters Inc. have negotiated a lease that is mutually favorable and will benefit the Airport Enterprise Fund NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF SALINAS that the Mayor of Salinas be, and hereby is authorized and directed, for and on behalf of the City of Salinas, and as its act and deed, to execute the Lease between the City of Salinas and R & B Helicopters Inc, allowing the occupancy of office and hangar space owned by the City of Salinas at the Salinas Municipal Airport.
PASSED AND ADOPTED this 30th day of June 2009, by the following vote:
AYES: Councilmembers Barrera, De La Rosa, Lutes, Sanchez, Villegas, and Mayor Donohue NOES: None
ABSENT: Councilmember Barnes
ABSTAIN: None
APPROT
Dennis Dono Lue.
ATTEST:
2am Camel
Ann Camel, City Clerk
SALINAS MUNICIPAL AIRPORT
LEASE
This Salinas Municipal Airport Lease ("Lease") is entered into by and between the CITY OF SALINAS, a political subdivision of the State of California hereinafter referred to as "Lessor," and R & B HELICOPTERS, INC, a California corporation, hereinafter referred to as "Lessee."
RECITALS
WHEREAS, Lessor owns and operates an airport in the City of Salinas, State of California, commonly known and described as the Salinas Municipal Airport (the "Airport"); and WHEREAS, Lessee desires to lease Office and Hangar Space and Aircraft Parking Areas in and adjacent to Building T-52 at the Airport for the purpose of operating an Aerial Application business; and
WHEREAS, an Airport Use Permit was issued to Lessee for this purpose in 1986 and said activities have been conducted in compliance with all Airport and City Rules and Regulations since that time; and
WHEREAS, Lessee was formerly a sub-tenant of Verticare LLC which held a master lease on Building T-52 and which has ceased to exist as a legal entity making space available fore lease; and
WHEREAS, it is mutually agreed that the letting hereunder is upon and subject to the following terms, covenants, conditions, and provisions, and Lessee covenants, as a material part of the consideration of this Lease, to keep, perform, and comply with each and all of said terms, covenants, conditions, and provisions by Lessee to be kept, performed, and complied with, and this Lease is made upon the condition of such performance and compliance.
NOW, THEREFORE, the parties agree as follows:
TERMS
1. Leased Premises; Use of Leased Premises. The premises leased to Lessee are herein referred to as the "Leased Premises" and are a portion of the Airport, and are more accurately described and shown on Exhibit A and Exhibit B attached hereto and incorporated herein by reference. Such Leased Premises consist of a total of ten thousand three hundred forty-six square feet and includes office and work space consisting of a total of six thousand four hundred ninety six (6,496) square feet and airport ramp space consisting of a total of three thousand eight hundred and fifty (3,850) square feet.
A. Office Space. Lessee hereby leases a portion of the Building T-52, as more particularly shown on Exhibit A, for business operations associated with Aerial Applications; and
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B. Hangar Space. Lessee hereby leases Storage and Work Space in Building T-52 for the following purposes;
a. Maintenance of helicopters associate with aerial applications; and b. Aircraft storage.
Lessee agrees to furnish all said services in accordance with the Commercial Operating Standards adopted by the Salinas City Council on October 18, 1994, as the same may be amended from time to time, and in accordance with all Federal Aviation Administration Regulations.
C. Common Areas. Lessee shall have the non-exclusive right to use those areas within Building T-52 and the Airport which are common areas.
D. Limitations On Use. Lessee shall not use the Leased Premises, or any part thereof, or permit them to be used for any purpose other than for the uses specifically described in this section. Maintenance shall only be allowed on aircraft managed, leased, or sold by Lessee. Such maintenance shall be restricted to that allowed under the Salinas City Code for the rating of the structure approved under the Lessor's permitting process. Lessee shall not do or permit to be done upon the Leased Premises any act or thing which constitutes a nuisance or which may disturb the quiet enjoyment of the Lessor, of any tenant of the Lessor, or private businesses on adjacent land or neighboring property. Lessee further agrees, within seventy-two (72) hours from receiving written notice by the Lessor that a nuisance exists, to abate or otherwise cause said nuisance to be cured. In the event Lessee has not taken corrective action within seventy-two (72) hours, the Lessor may use all available remedies to abate the nuisance, including but not limited to entering and abating said nuisance, at the expense of the Lessee without any liability whatsoever to Lessor for monetary loss or anticipated profits of Lessee or others.
2. Term.
, 2009, ("Commencement Date") and ending on
, 2019, unless extended or sooner terminated in the manner and under the conditions herein provided (the "Original Term").
B. Lessor hereby grants to Lessee an opportunity to exercise an option to extend this Lease for a period of five (5) years from and after the Expiration Date at a rental to be determined as hereafter provided. Lessor reserves the right to review and change and modify the terms and conditions as herein contained before any extension of this Lease becomes effective. Said option shall be exercised by the Lessee by delivering to Lessor notice in writing of its intent to exercise such option which shall be delivered not less than 180 days before the expiration of the Original Term provided above.
3. Rent; Utilities.
A. All rental payments should be made payable by Lessee to the City of Salinas and be delivered to the City of Salinas at 200 Lincoln Avenue, Salinas, California 93901, Office Salinas Municipal Airport Page 2 of 22
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of the Finance Director, Attn: Airport Fund. Failure to pay rent within the time periods specified herein constitutes a default within the meaning of Section 18 of this Lease.
The place and time of payment may be changed at any time by the Lessor upon no less than thirty (30) days written notice to Lessee. Lessee assumes all risk of loss and responsibility for late payment charges.
B. Rent shall initially be payable at the annual rate of $14,406.84 per year ($13,251.84 for use and occupancy of the office and hangar space and $1,115 for use of aircrait parking ramp). Lessee shall have the option of paying the total annual rent in one single payment or in twelve equal payments of $1200.57 per month ($1104.32 for use and occupancy of the office and hangar space and $96.25 for use of aircraft parking ramp.
C. After the two and one half year (2 ½) year anniversary of the Commencement Date of the Original Term (the "Adjustment Date"), and upon every two and one half year (2 ½) year anniversary date thereafter of the Commencement Date rent shall be increased at a rate equal to the percent change in the Consumer Price Index for "All Urban Consumers" for San Francisco/Oakland/San Jose, California during such two and one half (2 ½) year period (the "Adjusted Rent").
Regardless of the index publication dates, the rental adjustments herein shall only occur on the applicable Adjustment Date. Until the rent adjustments can be actually calculated in accordance with this Lease, Lessee shall continue to make payments at the existing rental rate. When the adjustment is calculated, the balance of rents due at the adjusted rate, from the applicable Adjustment Date through the date of calculation, shall be paid to Lessor within thirty (30) days of written notice by the Lessor. In no event shall the Adjusted Rent due under this Lease as established by the Consumer Price Index be less than the rent in existence immediately prior to the Adjustment Date.
D. In the event that Lessee elects to pay rent in monthly installments, rent shall be considered delinquent if not paid by the tenth day of each month. If Lessee fails to pay rent when due, Lessee will pay, in addition to the unpaid rent, a penalty in an amount equal to ten percent (10%) of the total monthly rent then due and payable. In the event that Lessee elects to pay said rent in one annual payment, rent shall be considered delinquent if not paid within fifteen (15) days of the execution of this Lease and, in subsequent years, if not paid within the fifteen (15) days of anniversary of the Commencement Date. If Lessee fails to pay the rent when due, Lessee will pay, in addition to the unpaid rent, ten percent (10%) of the then due and payable delinquent rent per month from the date when due and payable under the terms of this Lease until the same shall be paid.
E. As mutually determined by the Lessor and Lessee, on a monthly basis Lessee shall pay a proportionate share of costs for utilities and services provided to Building T-52, the costs of which cannot be easily distinguished between Lessor and Lessee and the other tenants of Building T-52. Lessor and Lessee shall renegotiate the proration of these and other utility costs, including sewer and water costs, if the use of Building T-52 by patrons, employees, subtenants, or invitees of Lessee becomes greater than anticipated. Nothing contained in this section shall be interpreted so as to relieve Lessee, its tenants, subtenants, patrons, invitees, and others from Airport use charges and other charges as may generally. be levied by Lessor.
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4. Leasehold Improvements.
A. No improvement, including landscaping, other than those improvements existing upon the Airport at the Commencement Date, shall be erected or placed on the Leased Premises and no alterations shall be made in the improvements and facilities constructed on the Leased Premises without the prior written approval of Lessor, said approval not to be unreasonably withheld. Lessor hereby grants approval to Lessee to install an industrial safety shower inside the Lease Premises, which shower shall be installed in accordance with all applicable codes and regulations, including the obligation to obtain a building permit from the City of Salinas. With respect to all other improvements, one (1) complete copy of plans for all buildings and improvements and for subsequent changes therein or alterations thereof shall, within fifteen (15) days after approval thereof by Lessor, be signed by Lessee and deposited with Lessor.
B. Lessee shall provide for parking of automobiles as provided for in the Salinas Municipal Code.
C. Lessee shall cause to be made, executed and delivered to Lessor, prior to the date of commencement of any work in or on the Leased Premises, corporate surety bonds approved as to form and as to surety by Lessor, with Lessee's contractor or contractors as principal, and Lessor as an additional obligee, each in the sum of one hundred percent (100%) of the amount of the contract for (a) the said required work in accordance with the approved plans and specifications, and (b) to provide that if Lessee or its contractor or contractors fails to pay for any materials, provisions or other supplies, used in or upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, that the surety will pay the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee as set by the court.
D. Before commencing any work of improvement consistent with the requirements of this Lease, Lessee shall ensure that all of its employees and/or all employees of any contractors retained by Lessee, are covered by Worker's Compensation Insurance covering full liability for compensation under the Worker's Compensation Insurance and Safety Act, for any person injured while performing any work or labor incidental to the work in or on the Leased Premises. Such coverage shall be obtained by a carrier authorized to act under the laws of the State of California, reasonably acceptable to Lessor.
E. Lessee shall design the improvements to meet all applicable guidelines and regulations of the Federal Aviation Administration (FAA), the California Department of Transportation (Division of Aeronautics), and the City of Salinas. Lessor makes no warranties as to the suitability of the location identified for the purpose intended, particularly with respect to height and setback requirements, and all other federal, state, and local regulations.
5. Repairs and Maintenance of Leased Premises and Equipment.
A. Lessor shall, at its own cost and expense, repair and maintain the roof and exterior walls of the office space and maintenance hangar of the Leased Premises in good working order and repair including all doors of office space and hangar. Lessee agrees to maintain the Leased Premises (except roof and exterior walls) and all improvements conducted therein, in Salinas Municipal Airport Page 4 of 22
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good order and repair and to keep said premises in a neat, clean, and orderly condition. This includes, but is not limited to, the prevention accumulation of any refuse or waste materials that might constitute a fire hazard or a public or private nuisance. Lessee shall at all times during the full terms of this Lease and any renewals and at its sole cost and expense, keep and maintain all vehicles and the interior and exterior of all buildings, structures, and other improvements it contracts for on said premises in good order and repair, including all necessary janitorial services and the whole of said premises from weeds and rubbish in a clean, sanitary, and neat condition.
B. Lessor or its authorized representative shall have the right during normal business hours to inspect the Leased Premises and motor vehicles and aircraft, except for any parts thereof deemed by Lessee to contain valuable property and confidential matters unless accompanied by Lessee or one of his agents, to determine if the provisions of this Lease are being complied with. If, in the opinion of Lessor's Airport Manager, the Leased Premises are not being properly maintained, the Salinas Airport Manager may, after giving written notice to Lessee and after a reasonable time, cause such repair and maintenance to be made. The cost of such maintenance shall be paid within thirty (30) of written receipt of demand for payment. If said Lessee does not pay costs promptly, this Lease shall be deemed to be in default and Lessor shall be entitled to all legal remedies provided hereunder.
C. Lessee agrees to indemnify and save harmless Lessor against all actions, claims, and damages by reason of Lessee's failure to keep and maintain said motor vehicles and aircraft, premises, and any buildings and improvements thereon as hereinabove provided, or by reason of its non-observance or non-performance of any law, ordinance, regulation, or order of competent governmental authority applicable thereto.
6. Restoration of Premises. If during the term hereof the hangar space or, the office space or any part thereof shall be damaged or destroyed by fire or other casualty, Lessor may in its sole discretion and at its sole cost and expense, either (a) repair or restore said improvements, in accordance with the City's Zoning Code and building requirements in effect at that time, or (b) tear down and remove the same from the Leased Premises.
Nothing in this section or elsewhere in this Lease shall prevent Lessee from otherwise carrying, at its own expense, any insurance as it deems necessary to protect its interests herein.
7. Signs. Lessee shall have the right to post such signs as are necessary and usual in the conduct of its business in and upon the Leased Premises. Location, size, shape, and copy of all signs exposed shall be in accordance with the Salinas City Code and approved by Lessor's Airport Manager, and by the City's Community Planning and Development Department.
8. Title to Improvements.
A. Upon the expiration of the Original Term or upon any sooner termination (pursuant to an actual default by Lessee of the terms and conditions of this Lease, thereby giving rise to the termination of the Lease, by means of negotiation or adjudication) of this Lease, all leasehold improvements made to the office space portion of the Leased Premises and all leasehold improvements shall, without compensation to Lessee, then automatically and without any act of Lessee or any third party becomes Lessor's property. Lessee shall Salinas Municipal Airport Page 5 of 22
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surrender the improvements to Lessor in reasonably good condition and repair, ordinary wear and tear and casualty excepted, free and clear of all liens and encumbrances, other than those, if any, permitted under this Lease or otherwise created or constructed by Lessor. Lessee shall execute, acknowledge, and deliver to Lessor any instrument requested by Lessor as necessary in Lessor's opinion to perfect Lessor's right, title, and interest in the improvements. Lessee shall redeliver possession of said Leased Premises to Lessor in substantially the same condition that existed immediately prior to Lessee's entry thereon, reasonable wear and tear, damage by the elements, earthquakes, acts of God, and any act of war excepted.
B. All improvements and fixtures made or attached to the Leased Premises shall be and become upon the termination of this Lease, or at the sooner termination of Lessee's tenancy, the property of Lessor and shall not be removed by Lessee unless Lessee is directed to do so by Lessor; provided, however, if Lessee is not in default in the payment of rent or in damage to the Leased Premises, and provided the same may be removed prior to the expiration of this Lease or any extension thereof. In no event will furniture, fixtures, and equipment or other personal property, be removed until all rental due Lessor has been paid in full. All machines, equipment, material, appliances, and fixtures now or hereafter installed or placed by Lessee on or in the Leased Premises or the improvements for the generation and distribution of air, water, heat, electricity, light, fuel, or refrigeration, or for ventilating or air- conditioning purposes, or for sanitary or drainage purposes, or for the exclusion of vermin, or insects, or for the removal of dust, refuse, or garbage and including all awnings, window shades, drapery rods and brackets, screens, floor coverings, incinerators, carpeting and all other fixtures used in the operation of the improvements, together with all additions to, substitutions for, changes in or replacements of, the whole or any or all of said articles of property, shall be deemed integral parts of the Leased Premises and the improvements for the purposes of this Lease.
9. Eminent Domain.
A. If at any time during the term hereof the Leased Premises or any part thereof are taken by public authority by the laws of eminent domain, then and in every case the leasehold estate and interest of Lessee in the Leased Premises, or any part thereof taken, shall forthwith cease and terminate, and all compensation awarded by reason of the taking of the Leased Premises and improvements, except those installed by Lessee, thereon shall be payable to and be the sole property of Lessor.
B. If only a portion of the Leased Premises is so taken by the powers of eminent domain, Lessee may elect to terminate this Lease giving one hundred twenty (120) days prior written notice of Lessee's intention to terminate.
C. If such public taking shall prevent Lessee's use and occupancy of the Leased Premises and improvements, then Lessee shall have the option to terminate this Lease, which option to terminate shall be conditioned upon Lessee's removing or restoring said Leased Premises, at the sole option of Lessor, and paying to Lessor any rent accruing hereunder to the date of termination, and all unpaid taxes and assessments then accruing upon the Leased Premises.
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D. Any compensation which would otherwise be payable under this section to Lessee shall be paid directly to any encumbrancer of the leasehold interest, to the extent of such encumbrance.
10. Termination by Lessor. Notwithstanding Lessor's right to terminate this Lease as elsewhere provided herein, Lessor may terminate this Lease as follows:
A. In the event Lessor should require the Leased Premises in connection with the future expansion or operation of the Airport, Lessor may, upon six (6) months written notice, terminate this Lease, provided however, Lessor agrees to make all reasonable efforts to find a new location within the Airport acceptable to Lessee for the Leased Premises and the improvements.
B. Should Lessor alter its proposed plan of development of the Airport in a manner that would preclude Lessee from operating under the terms of this Lease and relocation of the Leased Premises is not feasible, or should any other government agency assume control of the Airport or any portion thereof in a manner that would preclude Lessee from operating under the terms of this Lease, or should it occur that during the term of this Lease any governmental action, law or ordinance should come into effect, the terms of which so restrict the use to which the Leased Premises can be put that Lessee is unable to use the Leased Premises in the manner contemplated herein (and no other suitable location is available for relocation), Lessor will, upon written request from Lessee, terminate this Lease or extend the term of this Lease for the period of time Lessee's operation is so precluded, and no rent shall accrue during said period.
C. If this Lease is cancelled under the provisions of this Section, Lessor shall pay to Lessee the fair market value of Lessee's interest. The term "Lessee's interest" as used herein is expressly limited to and defined as the then-in-place, fair market value, not to exceed the original construction cost, of the improvements that are considered fixtures under the rules of fixtures (including buildings, foundations and paving) expounded in Section 1013 and 1019 of the Civil Code of California.
11. Termination by Lessee. In the event Lessor ceases or substantially restricts the use of the Airport as an Airport for reasons beyond the control of Lessor, including without limitation war, civil unrest, acts of terrorism, and acts of God, and Lessee can no longer fully use the Leased Premises for the purposes contemplated in this Lease, Lessee may upon three (3) months written notice terminate this Lease. City shall have no liability for any damages to Lessee in the event of such change in Lessor's use of the Airport.
12. Reservations.
A. The Leased Premises are accepted "AS-IS" by Lessee subject to any and all existing easements and encumbrances. Lessor reserves the right to install, lay, construct, maintain, repair, and operate such sanitary sewers, drains, storm water sewers, pipelines, manholes, and connections; water, oil, and gas pipelines; telephone and electric power lines; and the appliances and appurtenances necessary or convenient in connection therewith, in, over, upon, through, across and along any and all portions of the Leased Premises. No right Salinas Municipal Airport Page 7 of 22
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reserved by Lessor in this clause shall be so exercised as to interfere unreasonably with Lessee's operations hereunder or to impair the security or any secured creditor of Lessee.
B. Lessor agrees that rights granted to third parties by reason of this clause shall contain provisions that the surface of the Leased Premises shall be restored as nearly as practicable to its original condition upon the completion of any construction. Lessor further agrees that should the exercise of these rights temporarily interfere with the use of any and all of the Leased Premises by Lessee, the rental shall be reduced in proportion to the interference with Lessee's use of the Leased Premises.
C. Lessor reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of the Lessee and without interference or hindrance.
D. The Lessor reserves the right, but shall not be 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 in this regard.
E. This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between the Lessor and the United States, relative to the development, operation or maintenance of the Airport.
F. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to erect, any building or other structures on the Airport which, in the opinion of Lessor, would limit the usefulness of the Airport or constitute a hazard to aircraft.
G. Lessor reserves and excepts from this Lease all that portion of the real property herein leased which is super adjacent to a plane sixty (60) feet above and parallel to the existing ground surface of said real property (which portion is hereby referred to as "Super- adjacent Air Space").
H. Lessor further reserves and excepts from this Lease, and Lessee hereby grants to Lessor (insofar as the hereinafter described easements and rights in any manner or to any extent that affect the Leased Premises, any improvements which may be made thereon, and Lessee's leasehold or other interest therein and Lessee's use, occupancy or enjoyment thereot):
i. An avigation easement over and laterally adjacent to the Leased Premises and any improvements which may be made thereon, including but not limited to the easement and right to fly, or cause or permit flying by any person of, any aircraft of any and all kinds now or hereafter known, in, through, across or about any portion of said super-adjacent air space and any air space laterally adjacent thereto; and ii. The easement and right to cause or create, or permit to be caused or created, such noise, vibration, currents and other effects of air, illumination and fuel consumption, or fear thereof, which may arise or occur:
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(a) from or during the use of said avigation easement and such flight as is described in subsection H.1, hereinabove, or
(b) from or during the use by such aircraft of any Salinas Municipal Airport facilities, including but not limited to the landing, storage, repair, maintenance, operation, warm-up, and take-off of such aircraft, upon, within or about said Airport, and the approach and departure of aircraft to or from such Airport.
The easements and rights herein reserved and excepted by Lessor, and the easements and rights herein granted by Lessee to Lessor, shall be deemed both in gross and also appurtenant to each and every portion of the real property of the Salinas Municipal Airport (save and except the Leased Premises herein described).
13. Taxes and Assessments. Lessee shall pay all taxes (including possessory interest taxes) and assessments that may be levied upon the Leased Premises, any and all buildings and improvements and other property situated therein, and any interest of Lessee therein, for the full term of this Lease.
14. Insurance.
A. Lessee shall, throughout the duration of this Lease, maintain comprehensive general liability and property insurance covering all operations of the Lessee, its agents and employees, performed in connection with this Lease including but not limited to premises and automobile.
B. Lessee shall maintain the following limits:
General Liability
Combined Single Limit Per Occurrence............................. $1 million General Aggregate............ ............ $2 million
(The policy shall cover on an occurrence or an accident basis, and not on a claims made basis.)
Automobile Liability
Combined Single Limit Per Occurrence... ......$1 million (The policy shall cover on an occurrence or an accident basis, and not on a claims made basis.)
Worker's Compensation............ ...Statutory Limits
Employer's Liability Insurance:... ..............$1 million per employee and per accident for bodily injury or disease All Risk Property Insurance (Covering all real and personal property of the City and occupied or used by the Lessee, and all real and personal property of the Lessee utilized or stored at the Leased Premises, all at full value. Property insurance against all risk of loss to any tenant improvements or betterments, including flood, as determined by the City's Risk and Benefits Analyst.) Salinas Municipal Airport Page 9 of 22
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Facility Replacement Coverage (Covering the Leased Premises and equipment and structures located therein and all furnishings or equipment owned by the City and also located thereon, in no event less than the full replacement value, against the perils of fire and extended coverage, including demolition.) Additional Insurance Coverages..... .....As may be mutually agreed to by the City and the Lessee.
C. All insurance companies with the exception of "Worker's Compensation" affording coverage to the Lessee shall be required to add the City of Salinas, its officers, and, agents as additional "insured" by endorsement under the insurance policy and shall stipulate that this insurance policy will operate as primary insurance for the work performed under this Lease and that no other insurance affected by the City or other named insured will be called upon to contribute to a loss covered there under. The policy shall contain no special limitations on the scope of protection afforded to City, its officers, employees or agents.
D. All insurance companies affording coverage to Lessee shall be insurance organizations authorized by the Insurance Commissioner to transact the business of insurance in the State of California.
E. Lessee shall provide thirty (30) days written notice to the City of Salinas should the policy be canceled or reduced in coverage before the expiration date. For the purpose of this notice requirement, any material change prior to expiration shall be considered cancellation.
F. Lessee shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to the City's Risk and Benefits Analyst, concurrently with the submittal of this Lease. A statement on the insurance certificate which states that the insurance company "will endeavor" to notify the certificate holder, "but failure to mail such notice shall impose no obligation or liability of any kind upon the Lessee, its agents or representatives" does not satisfy the requirements of this subsection. The Lessee shall ensure that the authorized representative of the insurance company strikes the above quoted language from the certificate.
G. Lessee shall provide a substitute certificate of insurance no later than ten (10) days prior to the policy expiration date. Failure by the Lessee to provide such a substitution and extend the policy expiration date shall be considered default by Lessee. In the event Lessee is unable to provide a substitute certificate of insurance within the time prescribed in this subsection, Lessee shall provide written confirmation of renewal, in a form satisfactory to the City, to act as proof of insurance only until such time as a certificate of insurance has been received by the City.
H. Maintenance of insurance by the Lessee as specified in this Lease shall in no way be interpreted as relieving the Lessee of any responsibility whatever and the Lessee may carry, at its own expense, such additional insurance as it deems necessary.
I. In addition to requiring statutory Worker's Compensation insurance pursuant to this section, Lessee shall also require all contractors and subcontractors who perform work on the Leased Premises to maintain general liability insurance in an amount of no less than $1 Salinas Municipal Airport Page 10 of 22
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million combined single limit per occurrence which complies with all the provisions of this section. Lessee shall provide City with copies of such insurance certificates upon request.
15. Common Airport Areas. Lessee shall have the privilege of using, in common with others to whom such privileges may also be given by Lessor, such airplane runways as are provided in the Salinas Municipal Airport for the take-off and landing of airplanes. Lessee shall also be entitled, in common with others to whom such privileges may also be given by Lessor, to each such of the following services as may be provided by said Airport, to facilitate the take-off and landing of aircraft at and the flying of aircraft within and about said Airport, to wit: landing light, floodlights, signals and other such facilities. Such privileges, however, shall be subject to all rules and regulations now in effect or hereafter established by the City of Salinas governing or controlling such privileges, uses or operations, and shall be subject to the payment of all such fees or charges as the City of Salinas may now or hereafter impose for such privileges, uses, and operations.
16. Liens and Claims.
A. Lessee shall not suffer or permit to be enforced against Lessor's title to the Leased Premises, or any thereot, any lien, claim or demand arising from any work of construction repair, restoration, maintenance or removal as herein provided, or otherwise arising (excep liens, claims or demands permitted by, sufferance by or arising from the actions of Lessor).
B. Lessee shall pay all such liens, claims, and demands before any action is brought to entorce the same against the Leased Premises, and Lessee agrees to hold Lessor and said land free and harmless from all liability for any and all such liens, claims or demands, together with all costs and expenses in connection therewith, except for liens permitted by Lessor.
C. Should Lessee fail or refuse to pay any lien, claim or demand arising out of the onstruction, repair, restoration, maintenance and use of the Leased Premises and the uildings and improvements thereon, or any other claim, charge or demand which Lessee ha agreed to pay under the covenants of this Lease, Lessee or its authorized encumbrancers, if any, shall within thirty (30) days provide written notice from Lessor to Lessee or its said encumbrancer, pay and discharge the same or shall furnish to City, in a form satisfactory to City, sufficient security to hold Lessor and said land fee from all liability for such lien, claim or demand and all costs and expenses in connection therewith. Should Lessee or its said encumbrancer, within said thirty (30) day period, not pay or discharge said lien, claim or demand or not provide said security to Lessor, then Lessor may at its own option, either treat such failure or refusal as a breach of or default under this Lease, or may pay any such lien, claim or demand, or settle or discharge any action therefore or judgment thereon, and all costs, expenses and other sums incurred or paid by Lessor in connection therewith shall be repaid to Lessor by Lessee upon written demand, together with interest thereon at the rate of ten percent (10%) per annum from the date of payment until repaid, and any default in such repayment shall constitute a breach of the covenants and conditions of this Lease.
17. Right to Assign or Transfer.
A. Lessee agrees not to encumber, assign or otherwise transfer this Lease, or any right or interest herein, without the prior written consent of Lessor, and no such encumbrance, Salinas Municipal Airport Page 11 of 22
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assignment or transfer, whether voluntary or involuntary, by operation of law, under legal process or proceedings, or otherwise, shall be valid or effective without such prior written consent. The Lessor shall not unreasonably withhold its consent to the encumbrance, assignment or transfer of the Lease, or the Lessee's right or interest to any of the improvements. Upon the granting of consent of the transfer by Lessor, Lessor and Lessee shall enter into an "Assignment of Lease by Lessee" in a form to be mutually agreed upon by the parties.
B. If Lessee hereunder is a corporation or an unincorporated association or a partnership, the transfer, assignments or hypothecation of any stock or interest in said corporation, association or partnership, in the aggregate in excess of fifty percent (50%) shall be deemed an assignment within the meaning of this Lease. The following transfers are excepted from the provisions of this paragraph:
i. Transfer or assignment of stock or interest to a shareholder or member of the same corporation, association or partnership;
ii. Transfer or assignment of stock or interest to a spouse, child or grandchild of a shareholder or member;
ili. Transfer or assignment of stock to a lender pursuant to a lender who has obtained a permitted encumbrance of Lessee's interest in this Lease.
C. Should Lessee attempt to make or suffer to be made any such encumbrance, assignment or transfer, except as aforesaid, or should any right or interest of Lessee hereunder or in or to the improvements be transferred or sold by or under court order or legal process, or otherwise, then any of the foregoing events shall be deemed a breach of this Lease and thereupon Lessor may, at its option, terminate this Lease forthwith by written notice thereof to Lessee, or exercise other rights provided by law or in this Lease to be exercisable by Lessor in the event of any default or breach under this Lease. Should Lessor consent to any such encumbrance, assignment or transfer, such consent shall not constitute a waiver of any of the restrictions of this clause and the same shall apply to each and every encumbrance, assignment or transfer hereunder and shall be severally binding upon each and every encumbrancer, assignee, transferee, and other successor in interest of Lessee.
D. Lessor agrees that it will not unreasonably withhold its consent to any assignment or transfer requiring its prior approval hereunder, but Lessor may withhold such consent:
i. If the proposed assignee shall not covenant in writing to keep, perform, and be bound by each and all of the covenants and conditions of this Lease herein provided to be kept and performed by Lessee and to assume any previously accrued obligations hereunder. ii. If this Lease is in default at such time in any respect. ili. If the construction, or demolition of the improvements on the Leased Premises is in progress, or if said construction or demolition is complete.
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iv. Until a determination has been made by Lessor that assignee, transferee or other successor in interest of Lessee can pay rent and operate in accordance with the standards required by Lessor.
E. Any documents that purport to assign, transfer or encumber the Leased Premises or any part thereof, shall incorporate directly or by reference all provisions of this Lease unless otherwise amended in writing.
F. Lessee shall be permitted to sublet the portion of the Leased Premises only to third parties deemed acceptable by Lessor in writing. Failure to inform Lessor's Airport Manager of such subletting shall constitute a material breach of this Lease.
18. Default.
A. In the event Lessee shall default in the performance of any condition or covenant in this Lease (except the payment of rent), Lessor may, at its option take such action as provided in paragraph C of this section, but only if Lessee fails to rectify said default within thirty (30) days after written notice thereof is served upon Lessee by Lessor. In the event, however, that the default is of such nature that the same cannot be rectified in such thirty (30) day period, then such default shall be deemed to be rectified if Lessee shall have commenced the compliance of the provisions hereof breached by it within said thirty (30) day period and shall with all diligence prosecute work or perform the particular provisions until the same shall have been fully rectified or performed.
B. In the event Lessee should fail to pay any installment of rent or pay any other sum due provided in this Lease to be paid by Lessee at the time or times herein specified, Lessor may, at its option, take such action as provided in paragraph C hereof, but only if said default is not rectified within ten (10) days after written notice thereof is served on Lessee by Lessor.
C. In the event Lessee shall fail to pay rent or any other sum provided in this Lease, or in the event of any other breach of this Lease by Lessee, then Lessor, in addition to and without prejudice to any other right or remedy of Lessor hereunder, shall have immediate right of re-entry and may remove all persons and personal property from the Leased Premises, and such personal property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Lessee. Should Lessor elect to re-enter, as herein provided, or should Lessor take possession pursuant to legal proceedings or pursuant to any notice provided by law, Lessor may either terminate this Lease or may from time to time, without terminating this Lease, relet the Leased Premises, or any part thereof, for such term or terms (extending, at Lessor's option, beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Lessor in its sole discretion may deem advisable with the right to make alterations and repairs to the Leased Premises. Upon such reletting:
i. Lessee shall be immediately liable to pay to Lessor, in addition to any indebtedness other than rent hereunder, the cost and expenses of such reletting and of any such alterations and repair, incurred by Lessor, and the amount, if any, by which the rent reserved in this Lease for the period of such reletting (up to but not beyond the term of this Lease) exceed the amount agreed to be paid as rent for the Leased Premises for such period of reletting; or
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ii. At the option of Lessor, rents received by Lessor from such reletting shall be applied first, to the payment of any indebtedness hereunder of Lessee to Lessor, other than rent due; second, to the payment of any costs and expenses of such reletting and of any such alterations and repairs; third, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be paid by Lessor and applied in payment of future rent as the same may become due and payable hereunder.
ili. If Lessee has been credited with any rent to be received by such reletting under Option (1), and such rent shall not be promptly paid to Lessor by the new tenant, or if such rentals received from such reletting under Option (2) during any month be less than that to be paid during that month by Lessee hereunder, Lessee shall pay any such deficiency to Lessor. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by Lessor shall be construed as an election by Lessor to terminate this Lease unless a written notice of such intention be given to Lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Lessor may at any time thereafter elect to terminate this Lease for any breach, in addition to any other remedy available to Lessor hereunder, Lessor may recover from Lessee all damages which Lessor may incur by reason of such breach, including any cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of stated term, all of which shall be immediately due and payable from Lessee to Lessor.
19. Indemnification and Hold Harmless. This Lease is made upon the express condition that Lessor, its officers and employees are to be free from liability and claim for damages by reason of any injury to any person or persons, including Lessee, or property of any kind whatsoever or to whomsoever belonging, including Lessee's, from any cause or causes whatsoever while in or upon or in any way connected with the Leased Premises or Lessee's use and occupancy thereof, or from the failure of Lessee to keep the Leased Premises and all improvements and other property therein in good, safe and sanitary condition, or otherwise connected with Lessee's use of the Leased Premises or of other parts of the Salinas Municipal Airport during the term of this Lease. Lessee hereby covenants and agrees to defend, indemnity, and hold harmless Lessor, its officers, and employees from all hability, loss, cost, and obligations on account of or arising out of or resulting from any such injuries or losses however occurring except to the extent caused by the willful or negligent acts of Lessor, or of officer or employees of Lessor acting within the course and scope of their employment by Lessor.
20. Lease Subordinate to Agreements with the U.S.A. This Lease shall be subordinate to he provisions and requirements of any existing or future agreement between Lessor and th Jnited States of America relative to the development, operation or maintenance of th Airport.
21. War or National Emergency. This Lease and all the provisions hereof shall be subject o whatever right the United States Government has affecting the control, operatio:
egulation, and taking over of said Airport or the exclusive and non-exclusive use of th Airport by the United States during the time of war or national emergency.
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21. Use to Conform with Federal Aviation Regulations. Lessee agrees that Lessee's use of the Leased Premises, including initial construction, all future construction, modification or alteration thereon, shall comply with applicable Federal Aviation Regulations now in force or those that may hereafter be adopted by Federal authority.
23. Use to Conform to City of Salinas Regulations. Lessee agrees to comply at all times with all applicable provisions of the Salinas City Code including, but not limited to, Chapter 4 and Chapter 37 of said Code. Lessee further agrees to comply with all the rules and regulations established by the Salinas City Council, the Salinas Airport Commission, and the Salinas Airport Manager, for the use of the Leased Premises and all other portions of the Airport.
24. Non-Discrimination. Lessee, for itself, its personal representatives, successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree to furnish all services on a fair, equal and non-discriminatory basis, to all users; and charge fair, reasonable, and not unjustly discriminatory prices for each unit or service, provided that Lessee may be allowed to make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.
25. Equal Opportunity Plan. Lessee assures that it will undertake an equal opportunity program as may be required by 14 CFR Part 152, 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 152, Subpart E. Lessee assures that no person shall be excluded on those grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. Lessee assures that it will require that its covered sub-organizations provide assurance to Lessee that they similarly will undertake equal opportunity programs and that they will require assurances from their sub- organizations, as may be required by 14 CFR Part 152, Subpart E, to the same effort.
26. Non-Exclusive Right. Nothing herein contained shall be construed to grant or authorize the granting of an exclusive right for the use of any landing areas or air navigation facility at the Airport.
27. Lessee Agreements.
A. Lessee agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations and Ordinance No. 1719 of the City of Salinas, dated November 21, 1977, in the event future construction of a building is planned for the Leased Premises, or in the event of any planned modification or alteration of any present or future building or structure on the Leased Premises.
B. 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 Leased Premises to penetrate the transitional surfaces, as defined in the Federal Aviation Regulations and Ordinance No. 1719 of the City of Salinas. In the event the aforesaid covenants are breached, Lessor reserves the right to enter upon the Leased Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the Lessee.
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C. Lessee by accepting this Lease, agrees for itself, its successors and assigns, that it will not make use of the Leased Premises in any manner which might interfere with the landing and taking off of aircraft from the Salinas Municipal Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, Lessor reserves the right to enter upon the Leased Premises and cause the abatement of such interference at the expense of Lessee.
28. Use of Public Airport Facilities. Lessee is granted the non-exclusive use of all public Airport facilities, including, but not limited to, taxiways, runways, aprons, navigational aids, and facilities relating thereto, for purposes of landings, take-offs, and taxiing of Lessee's aircraft. All such use shall be in accordance with the laws of the United States of America, the State of California, and the rules and regulations promulgated by their authority with reference to aviation and air navigation, and in accordance with all reasonable and applicable rules, regulations, and ordinances of Lessor now in force or hereafter prescribed or promulgated by ordinance or by law.
29. Abandonment, Etc. Except as may herein in this Lease be otherwise expressly provided, Lessee shall not vacate or abandon the Leased Premises at any time during the term of this Lease; and if Lessee shall abandon, vacate or surrender said premises or be dispossessed by process of law or otherwise, any property belonging to Lessee and left on the Leased Premises shall be deemed, at the option of Lessor, to be abandoned.
30. Coordinates. Coordinates used in the description in this Lease are based upon the "Horizontal Control Net California Plan Coordinates, Zone 4," for the City of Salinas, on file in the office of the City Engineer of the City of Salinas.
31. Bankruptcy, Etc.. Either (a) the appointment of a receiver to take possession of all or substantially all of the assets of Lessee, or (b) a general assignment by Lessee for the benefit of creditors, or (c) any action taken or suffered by Lessee under any insolvency or bankruptcy act, shall constitute a breach of this Lease by Lessee. Notwithstanding the above provisions, the filing of any involuntary petition in bankruptcy against Lessee shall not constitute a breach of this Lease, unless and until there is an adjudication in such involuntary bankruptcy proceedings that Lessee is bankrupt, which adjudication shall constitute a breach of this Lease.
32. Litigation Involving Lease. In the event Lessor is made a party to any litigation concerning this Lease or the Leased Premises of any act or omission by Lessee, Lessee shall hold Lessor harmless from all loss or liability, including reasonable attorney's fees incurred by Lessor in such litigation. Further, Lessee shall at its own expense, upon written request by Lessor, defend any such suit or action brought against Lessor, its officers, agents, and employees. This section specifically includes any liability arising out of or in connection with separate agreements that Lessor may execute with third parties for services, volunteer or otherwise, relating to or in support of Airport activities. In case suit shall be brought to interpret or enforce this Lease, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys' fees in addition to such costs as may be allowed by the court. Lessor's attorney fees, if awarded, shall be calculated at the market rate.
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33. Construction of Lease. Whenever the singular number is used in this Lease and when required by the context, the same shall include the plural and the masculine gender shall include the feminine and neuter genders. If there be more than one Lessee designated in or signatory to this Lease, the obligations hereunder imposed upon Lessee shall be joint and several; and the term "Lessee" as used herein shall refer to each and every of said signatory parties severally as well as jointly. Each term and provision of this Lease performable by Lessee shall be construed to be both a covenant and a condition. This instrument contains all of the agreements and conditions entered into and made by and between the parties hereto and may not be modified orally or in any manner other than by an agreement in writing signed by all parties hereto or their respective successors in interest.
34. Time. Time is of the essence of each term and provision of this Lease.
35. Material Breach. Each and every material term, condition, covenant, and provision of this Lease is and shall be deemed to be a material part of the consideration for Lessee's entry into this Lease, and any breach hereof by Lessee shall be deemed to be a material breach.
36. Notices. Except as is otherwise herein provided, all notices, statements, demands, requests, consents, approvals, authorizations, otters, agreements, appointments or designations hereunder by either party shall be in writing and shall be sufficiently given and served upon the other party if sent by mail, postage prepaid and addressed as follows:
If to Lessor, the same shall be addressed to:
Airport Manager
Salinas Municipal Airport
30 Mortensen Avenue
Salinas, California 93905
With a Copy to:
City Attorney
City of Salinas
200 Lincoln Avenue
Salinas. California 93901
or to such other place as Lessor may by such similar notice in writing designate.
If to Lessee, the same shall be addressed to:
R&B Helicopters, Inc.
P.O. Box 4087
Salinas, California 93912
or to such other place as Lessee may by such similar notice in writing designate.
A. The execution of any such notices by the Deputy City Manager/City Engineer of the City shall be effective as to Consultant as if it were by resolution or order of the City Salinas Municipal Airport Page 17 of 22
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Council, and Consultant shall not question the authority of the Deputy City Manager/City Engineer to execute any such notice.
B. All such notices shall either be delivered personally to the other party's designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid postage fully prepaid, and shall be effective the day following such deposit in the mail
37. Heirs, Successors, and Assigns. All of the covenants, agreements, conditions, and undertakings herein contained shall, subject to the provisions as to assignments, apply to and bind the representatives, heirs, executors, administrators, successors and/or assigns of all the parties hereto; and all the parties shall be jointly and severally liable hereunder.
38. Headings. The various headings and numbers herein and the grouping of the provisions of this Lease into separate sections and paragraphs are for the purpose of convenience only and shall not be considered part hereof.
39. Severability. If any terms, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
40. Hazardous Substances.
A. Pursuant to Health and Safety Code section 25359.7, Lessee shall notify Lessor in writing within a reasonable time after it becomes aware of any material release of hazardous substances and of any hazardous substances that have come to be located beneath the Salinas Municipal Airport.
B. Lessee shall be solely and strictly responsible for the remediation and clean up of any hazardous substances that it or any of its officers, employees, or agents releases or allows or causes to be released on the Salinas Municipal Airport, including all costs and expenses associated therewith.
C. Prior to the expiration of this Lease, Lessee shall at its sole cost and expense, remove all items of personal property, including but not limited to, all flammable substances and hazardous materials and wastes which state and federal law in effect at the expiration of this Lease requires such removal or remediation.
D. Lessee shall make available for inspection to the Lessor, all records relating to the maintenance, release, mitigation, cleanup, and disposal of any hazardous substances on the Leased Premises.
E. Lessee shall comply with all federal, state, and local laws and regulations relating to hazardous materials and wastes, and shall timely comply with the orders of any governmental agencies relating to them.
F. Lessor may reasonably enter upon and inspect the Leased Premises at any time.
Lessee shall be responsible for meeting current storm water pollution prevention Best Management Practices (BMPs), as identified by Lessor in Lessor's Storm Water Pollution Salinas Municipal Airport Page 18 of 22
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•
•
Prevention Plan (SWPPP) as amended. As of the commencement date of this Lease, these BMPs are:
i. a labeled and stocked spill kit must be on site;
ii. personnel must undergo routine spill response training; 111. keep all maintenance activities covered by wet weather; iv. use of drip pans;
V. off-site removal of pollutants;
vi. use of dry cleanup methods;
vii. use of spill and overflow protection; and
vili. proper storage and labeling of materials.
Lessee understands and acknowledges that failure to meet the BMPs listed above may result n Lessee no longer being included by Lessor in Lessor's participation in the general permit o he California State Water Resources Control Board concerning storm water discharges
41. Multiple Copies of Lease. Multiple copies of this Lease may be executed, but the parties agree that the Lease on file in the office of the City's City Clerk is the version of the Lease that shall take precedence should any difference exist among counterparts of the document.
42. Jurisdiction. This Lease shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Lease shall be in the State of California, in the County of Monterey.
43. Exhibits Incorporated. All exhibits referred to in this Lease and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Lease and any of the terms of any exhibit to the Lease, the terms of the Lease shall control the respective duties and liabilities of the parties.
44. Integration and Agreement. Except as otherwise specifically provided herein, this Lease represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. No prior oral or written understanding shall be of any force and effect with respect to those matters covered in it. This Lease may not be modified or altered except by amendment in writing signed by both parties.
45. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Lease shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.
46. Legal Representation. Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Lease and the matters and claims set forth herein, and that each of them has read this Lease and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Lease as an inducement to enter into this Lease.
47. Joint Representation. The language of all parts of this Lease shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party.
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No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Lease, or any part thereof, shall be applicable or invoked.
48. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Lease. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Lease for it, to enter into this Lease.
IN WITNESS WHEREOF, the undersigned as authorized representatives of the CITY OF SALINAS and R & B HELICOPTERS, INC., have executed this Lease.
CITY OF SALINAS
00-30-04
Dennis Donohua, Mayor Date
RECOMMENDED FOR APPROVAL
Rale С. пиниля 6/23/09
Robert C. Russell, P.E., Director Engineering Date
and Transportation Department
APPROVED AS TO FORM
Chill 6.19•2009
Vanessa W. Vallarta, City Attorney Date
By
Christopher A. Callihan, Sr. Deputy City Attorney
ATTEST
6-30-04
MALA
Ann Camel, City Clerk Date
R&B Helicopters, Inc.
12/18/2009
By
Its
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"Exhibit A"
Rental Areas Building T-52
The area described below, being apportion of all that certain property situated in the City of Salinas, Count of Monterey, State of California, being a portion of the Salinas Municipal Airport property commonly known as Building T-52 and being more particularly described as follows:
Beginning at a point, said point being a 3/4" diameter iron pipe embedded in concrete tanding 6 inches behind the back of the existing concrete curb; thence running southeasterl long a line parallel with and distant 6 inches (measured at right angle) northeasterly of th back of the above-mentioned existing concrete curb a distance of 40 feet to the true point of beginning thence continuing southeasterly along the aforesaid line 160 feet thence northeasterly at right angle for 120 feet; to the true point of beginning.
Containing 19,200 sq feet of floor space, more or less.
Main Floor R&B Area
Second Floor
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Exhibit B - Outside Rental Areas Bldg T-52
All Distances IN
Actual Feet as
R & B Helicopter Measured
3,850 sq. ft.
• Tin and Nail
Soilserv Land Area
7,427 sq. ft. x Fence Post At Corner
70 50.6
51.15 50
120.75
55 Building
T-52
160.75
106.1
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