TABLE 1: Project Elements / Structures
New Logistics Facility Project
Element Area
Main Logistics Building
Number of Stories: 5
Type of Construction: 1A
Support Buildings
Guard Shacks (x2)
Fire Water Tanks & Pump Houses
3.0 million s.f.
TBD
It is understood that the project is to be reviewed and inspected for adherence to current California Building Standards Codes covering life safety, disabled access, structural, energy conservation, green building, plumbing, mechanical, and electrical provisions; as amended and adopted by the City of Salinas. • California Building Code
• California Plumbing Code
• California Mechanical Code
• California Electrical Code
• California Energy Code
• California Green Building Standards Code
Please note that provisions regulated and enforced by Planning, Engineering, Fire, Public Works, Health Departments; and/or other authorities normally outside the jurisdiction of a municipal Building Department would be considered additional scope items. Services rendered in these disciplines would be considered additional cost items, and would be billed on a Time-and-Materials basis, in accordance with the enclosed Table 3 Fee Schedule.
Project Management / Coordination
Our approach to this engagement is centered on using experienced staff and fostering open communication between our firm, the City, and other project stakeholders, as directed by the City. Shortly after project notice to proceed, we would recommend holding a teleconference with all appropriate stakeholders to verify project expectations, deliverables, scheduling, and logistical considerations. Throughout this engagement, we would like to confirm that our key/lead team members will be accessible to staff. We understand that maintaining clear communication is essential for helping ensure that decisions are made in timely manner. • As part of our approach, we have budgeted time for key staff to attend monthly check-in/coordination meetings with project stakeholders to ensure alignment on code interpretation, staffing and project schedule needs.
TASK 1.0: Code Compliance Plan Review
It is understood that the goal for this task is to provide a thorough code compliance plan review of the project design to ensure adherence to current California Building Standards, as amended and adopted by the City of Salinas. Our proposal covers a total of three cycles of code compliance plan review for the project.
Process / Approach
Plan documents for each structure will be reviewed and a finding issued in punch-list style or electronic format (e.g. ProjectDox, Bluebeam, etc.) of the City’s choosing, identifying elements which may require updating/modification as a result of adopted present-day codes and standards. All findings provided will include specific reference to the source code and/or standards provision(s), as well as justification(s) for each project requirement noted. TRB will maintain complete records related to all plans, calculations, and documents received.
DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 May 23, 2024
City of Salinas
Proposal to Provide Plan Review, Inspection, and Administration Services – New Logistics Facility [REV 2]
We understand that we would be working directly with the City team to ensure that the project is evaluated to all applicable standards. To track and address any issues that may arise during document review, TRB will implement a code interpretation forum between our plan reviewers and the City team to help ensure open communication among project stakeholders is maintained.
We also understand that the timeline for providing review deliverables is yet to be finalized. To confirm, all timeline requirements will be coordinated with the City team. In general, TRB is prepared to review to the following turnaround timeframes:
• Standard Submittals: 15 to 20 working day turnaround for initial review, 10 to 15 working day turnaround for subsequent (resubmittal) reviews.
• Deferred Submittals, RFIs, ECNs and other Revision-Related Submittals: 5 to 10 working day turnround.
Please note that for large/complex deferred and revision-related submittals, extended review timeframes may apply, and would as be mutually agreed upon prior to commencement of review. • Expedited: As an alternate, expedited review timeframes may be accommodated based upon staff availability.
Expedited review timeframes and associated additional cost would be as mutually agreed upon prior to commencement of review.
Deliverables
Our office will present its observations, findings, and opinions/recommendations in a written summary report and/or ProjectDox. The report will itemize reviewed documents relevant to any observations/recommendations made. TRB is prepared to discuss potential recommendations and timeline considerations.
It is presumed that after delivery of each plan review report, a teleconference meeting may be hosted by the City as a forum for project designers to discuss plan review findings. As part of this task, TRB staff will be available to participate in any such teleconference meeting.
Throughout this engagement, TRB staff will be available to answer general follow up questions related to review findings. In the case where the project scope changes significantly or consultation results in review of alternative schemes, TRB will notify the City for approval to proceed on a time-and-materials basis.
Assumptions
• All applicable plans and record documents necessary for review will be furnished by the City. • Separate Permit Submittals associated with the project (e.g. Tenant Improvement, Conveyor System Installation packages, etc.) would be considered additional cost items, and would be billed on a Fixed Fee basis at 45% of the City Plan Review Fee.
• Deferred Submittals, RFIs, ECNs and other Revision-Related Submittals would be considered additional cost items, and would be billed on a Time-and-Materials basis, in accordance with the enclosed Table 3 Fee Schedule. • Expedited Reviews would incur the following additional costs:
o Expedited Separate Permit submittals would be billed on a Fixed Fee basis at 67.5% (45% x 1.5) of the City Plan Review Fee.
o Expedited Deferred Submittals, RFIs, ECNs, and other Revision-Related submittals would be billed on a Time-and-Materials basis at expedited rates, in accordance with the enclosed Table 3 Fee Schedule. • Alternate Materials and Methods Request (AMMR) Evaluations. For other than review of the initial PBDA (Performance Based Design Approach) AMMR submittal document, AMMR evaluations would be considered additional cost items, and would be billed on a Time-and-Materials basis, in accordance with the enclosed Table 3 Fee Schedule.
• TRB Scope excludes fire suppression, grading, drainage, supporting infrastructure and site-work specific elements outside of the building footprints.
DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 May 23, 2024
City of Salinas
Proposal to Provide Plan Review, Inspection, and Administration Services – New Logistics Facility [REV 2]
TASK 2.0: Building Inspection
It is understood that the goal for this task is to provide a thorough code compliance inspection of the project to ensure adherence to approved plan document and current California Building Standards, as amended and adopted by the City of Salinas. It is also understood that the anticipated construction timeline for the project is 18 months.
Process / Approach / Deliverables
TRB is prepared to provide onsite inspection staffing at the project site once mobilization and/or a notice to proceed is issued by the City. TRB is proposing to furnish two (2) Inspectors onsite five (5) days per week during construction activity on the project. Our field inspectors are prepared to perform all code-mandated inspections as well as those which may be designated specifically by the City, and review change orders / engineering change notices, information requests and similar documentation to verify that any field changes which may have a code implication are reviewed for code compliance by plan review staff as necessary.
Our field inspectors will maintain daily and weekly inspection activity records, and are prepared to take photo documentation only if requested and cleared by the City. Our inspectors will also be available to review the qualifications of and work with Special Inspectors on the project. Our team will review the special inspectors’ daily reports to ensure that all special inspection duties are being fulfilled.
On occasion, additional inspection assistance may be required, particularly when a project is accelerated. Our Project Manager will assess staffing needs and check in with City staff on a regular basis to ensure that an appropriate presence is maintained at the project site.
We understand that in this function, our primary responsibility is to ensure compliance with building codes and standards as adopted by the City. Our team will coordinate with the project applicant team to quickly resolve any open code-related items which may come up through issuance of correction notices, holding discussions with the project team, City, and other applicable stakeholders, as appropriate. We encourage frequent, regularly scheduled check-in discussions with applicant and designer teams as a tool to help ensure alignment on technical and schedule considerations throughout the project.
Inspection Requests
As an option, in coordination with City, we are prepared to issue our “Inspection Request and Holdpoints” handout which details the process for making and fulfilling inspection requests. This includes information on what format requests are made, how much advance notice is required, what type of plan information is required at each inspection location, and expected signoffs prior to project elements being eligible for inspection (such as special inspector signoff).
Onsite Logistical Requirements
TRB is presuming that the following logistical considerations are to be fulfilled by the project owner team:
1. A furnished office / desk location large enough for two (2) persons at or near the project site.
2. Secure high-speed internet access at the project office.
3. Active wireless cell phone signal reception.
4. Access to and/or provisions for bottled water and maintained restroom facilities.
5. Work space to include climate control, both heat and air conditioning.
Assumptions
• 5-days per week primary and secondary inspector coverage (i.e. 2 full-time onsite inspectors). • A project construction duration of 18 months, as measured from date of first inspection to date of passed final inspection.
• Scope excludes fire suppression, grading, drainage, supporting infrastructure and site-work specific elements outside of the building footprint.
DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 May 23, 2024
City of Salinas
Proposal to Provide Plan Review, Inspection, and Administration Services – New Logistics Facility [REV 2]
TASK 3.0: Project Meetings (Optional)
Should it be determined that our attendance is needed at select onsite meetings, TRB staff would be able to attend given sufficient advance notice. Please note that for other than onsite inspection staff, labor and reimbursables for attendance at any onsite meetings which become necessary would be considered an additional cost item, and would be billed on a time-and-materials basis, in accordance with the Fee Schedule included herein as Table 3.
SCHEDULE
Prior to project commencement, we will coordinate with designated City and stakeholder staff to confirm the final project and deliverables schedule.
PRICE
Please refer to Table 2 below for TRB’s preliminary opinion of probable cost to provide the noted scope of services.
Please be advised that our team will coordinate with the City on any pricing refinements and/or potential change order or scope amendments prior to proceeding with any such work. TRB will invoice the City on a monthly interval for services rendered.
Task 1.0 Services
We are proposing to provide plan review services provided under Task 1.0 on a Fixed-Fee basis. The proposed fee amount covers up to three plan review cycles. Any further review cycles which may become necessary would be billed on a time-and-materials basis.
Task 2.0 Services
Building inspection services associated with Task 2.0 are proposed to be provided on a Time-and-Materials basis, in accordance with the Fee Schedule included herein as Table 3.
Task 3.0 Services
Note that Table 2 excludes Task 3.0 Project Meetings as this task is optional; services provided under this task would be billed on a Time-and-Materials basis, in accordance with the enclosed Fee Schedule.
TABLE 2
Preliminary Opinion of Probable Cost
Task Description Fee
TASK 1.0 – Code Compliance Plan Review (Fixed Fee) $550,000 TASK 2.0 – Building Inspection (Time-and-Materials)
Labor & Reimbursables $1,150,000
GRAND TOTAL $1,700,000
DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 May 23, 2024
City of Salinas
Proposal to Provide Plan Review, Inspection, and Administration Services – New Logistics Facility [REV 2]
OUR COMMITMENT
With TRB and Associates, the City of Salinas will receive an experienced team who takes pride in providing excellent service. We look forward to the opportunity to work with Salinas staff on this assignment. If you have questions or need any additional information, please do not hesitate to contact me by phone at (925) 876-4596 or by email at [email protected]. I look forward to hearing your feedback soon.
Sincerely,
TRB + ASSOCIATES, INC.
Todd Bailey, PE, LEED AP, CASp, MBA
ICC Certified Building Plans Examiner + Commercial Combination Inspector Principal-in-Charge
Encl: Table 3: TRB Fee Schedule
DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17
SPECIAL PROJECT FEE SCHEDULE
Schedule of Hourly Rates and Reimbursables
The following billing rates apply for services rendered on an hourly basis:
• Overtime, Emergency, Expedited, and After-hours work is billed at the above-noted rates plus an additional 50 percent (Note that no overtime will be charged without client authorization) • Reimbursement for direct expenses, incurred in connection with the work, will be at cost plus fifteenpercent. • Reimbursement for employee-owned vehicles used in connection with the work will be at the current IRS rate plus 20 percent per mile.
• All requested inspection services are subject to a minimum 4-hourfee. • Project inspections subject to prevailing wage requirements are at the above-published rates plus 30percent. • Other in-house charges for prints, reproductions and equipment use, etc. will be at standard company rates.
The above Schedule is valid through June 30, 2026 and may be adjusted thereafter. Rates subject to review and adjustment on an annual basis to account for changes in CPI, as mutually agreed upon.
TRB + ASSOCIATES, INC.| SPECIAL PROJECT FEE SCHEDULE 3-1 Position Hourly Rate
Principal / Director $235.00
Project / Division Manager $220.00
Building Official $195.00
Assistant Building Official $165.00
Plan Review Task Leader $195.00
Senior Plan Review Engineer/Architect $175.00
Senior Plans Examiner $160.00
Plan Review Engineer/Architect $150.00
Plans Examiner $130.00
Engineering Technician $110.00
Permit Technician III $100.00
Permit Technician II $ 90.00
Permit Technician I $ 80.00
Clerical/Admin $ 65.00
Civil/Grading/Storm Water Plan Review Engineer $230.00
Fire Protection Engineer $215.00
QSP Storm Water Inspector $195.00
CASp Certified Inspector/Examiner $175.00
Inspection Task Leader $185.00
Inspector of Record II $165.00
Inspector of Record I $150.00
Supervising Inspector $140.00
Senior Inspector III $130.00
Senior Inspector II $125.00
Senior Inspector I $120.00
Inspector II $110.00
Inspector I $105.00
Intern Inspector $ 75.00
TABLE 3
DocuSign Envelope ID: 92961A64-2692-4517-B17F-7DA84CA89E17 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-569, Version: 1
New Street Sweeping Routes and Installation of Parking Restriction Approve a Resolution approving the new street sweeping routes; and installation of signage in the Pilot Route area; and delegating authority to the City Manager to negotiate and execute an agreement with one of the City’s approved on-call Class A contractors, following selection through a competitive process, for the fabrication and installation of “No Parking” signage in an amount not to exceed $600,000.
City of Salinas Page 1 of 1 Printed on 10/3/2024
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CITY OF SALINAS
COUNCIL STAFF REPORT
heidin
DATE: OCTOBER 8, 2024
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, DIRECTOR
BY: HEIDI NIGGEMEYER, NPDES PROGRAM MANAGER
TITLE: IMPLEMENTATION OF NEW STREET SWEEPING ROUTES AND
INSTALLATION OF PARKING RESTRICTIONS IN A PILOT
AREA TO IMPROVE STREET SWEEPING EFFECTIVENESS
RECOMMENDED MOTION:
A motion to approve a Resolution:
1) Approving the new street sweeping routes;
2) Installation of signage in the Pilot Route area; and 3) Delegating authority to the City Manager to negotiate and execute an agreement with one of the City’s approved on-call Class A contractors, following selection through a competitive process, for the fabrication and installation of “No Parking” signage in an amount not to exceed $600,000.
EXECUTIVE SUMMARY:
The City is required to revise and implement an effective street sweeping program to be in compliance with its National Pollutant Discharge Elimination System (NPDES) stormwater permit issued in 2019. The City’s current street sweeping routes were introduced in 2012, sweeping both sides of the street on the same day. They could be significantly more effective at removing debris by revising routes to sweep opposite curb sides on different days and including parking restrictions on high and medium priority streets to ensure the sweeper has full curb access to remove debris.
Comprehensive road condition and curb access data was collected across the City to identify key considerations for route revisions and designating areas to pilot No Parking signage. New street sweeping routes were designed and tested by City maintenance staff, and pilot routes were selected for parking restrictions based on data collected to date. The costs to install No Parking signage in the pilot area and purchase equipment and software for the program will be paid for via ARPA funds. To ensure the City maintains compliance with the NPDES permit, staff recommends that City Council approve the new street sweeping routes and installation of parking restrictions in the pilot area, and appropriate funds for the required signage.
Page | 2
BACKGROUND:
Street sweeping is an effective method to reduce trash, debris and other pollutants from reaching local waterways. As such, the past two NPDES stormwater permits have mandated the City of Salinas to enhance its street sweeping program to optimize pollutant removal from streets (2019 Order R3-2019-0073, 2012 Order R3-2012-0005). Currently, the street sweeping program has 30 unique routes and sweeps all City-maintained streets at least twice a month, with two routes on heavily trafficked commercial roads swept weekly. However, the current routes sweep both sides of the street on the same day, often resulting in the sweeper just driving down the middle of the street due to parked cars. Already in the 2024 calendar year, street sweepers have removed more than 2,000 tons of debris from City streets. Although the current practices remove considerable debris from Salinas streets, the sweeping effectiveness can be significantly improved by revising the routes to sweep on alternate days and increasing curb access where pollutants and trash accumulate. The 2019 NPDES permit mandates the City to improve its overall street sweeping effectiveness by implementing parking restrictions on high and medium priority streets to ensure the sweeper has full access to the curb. Per the current NPDES Permit (Section M.6.c.ii):
“Parking restrictions – By the end of Year 3, the Permittee shall revise and commence implementation of its parking restriction strategy, including parking restrictions and public outreach, to ensure that street sweepers can access and sweep gutters for all High and Medium Priority streets and to increase the effectiveness of sweeping operations for the entire roadway width. By the end of Year 5, the Permittee shall complete implementation of the revised parking restrictions.”
Beginning in 2017, City staff and street sweeper operators implemented several studies to collect road debris and curb access data across all existing streets. Data collected in these efforts illustrates areas in greatest need of parking restrictions based on two criteria: poor curb access and high rates of road debris accumulation at the curb. City streets were prioritized based on these criteria. The data collected was entered into 2NForm, our stormwater information system, and this data was mapped to geospatially show the areas where the high priority streets are located (see slides 18-20 in presentation). Those with the worst curb access and high trash accumulation rate at the curb were rated as High Priority (darker colored streets). The remaining streets were ranked according to the same criteria to determine Medium and Low Priority streets. In Year 3 (2022), we began revision of street sweeping routes and community outreach regarding the upcoming changes to the street sweeping routes and potential No Parking signage. We are now at the end of year 5 (2024) and we are looking to implement No Parking signage on a Pilot route. A community engagement effort addressing street sweeping signage in the Monte Bella community in 2022 showed residents wished to spread the parking restrictions over a two-day period to accommodate moving of vehicles to the opposite side of the street on the designated street sweeping day. The City, therefore, redesigned its current routes to sweep opposite curb sides on different days to meet the NPDES sweeping effectiveness requirement with minimized impact to residents.
City staff designed new routes using RouteSmart software. The software facilitates efficient and geographically balanced route development servicing opposite curbs on different days. In total, the redesigned routes include 21 unique routes that maintain the same sweeping frequency on all roads that are currently swept (Attachment 1). All routes have been test-driven by Public Works staff and have been modified to address any issues with route modeling to ensure routes minimize Page | 3
cross traffic left turns and provide safe U-turns.
As instructed by the 2019 NPDES permit, parking restrictions must be implemented on pilot routes by 2022-2023 and in all high priority areas by 2024. The City invested in data collection and public outreach to successfully roll out the new street sweeping program with parking restrictions.
It, also, requires a significant amount of monetary resources to sign each route. A CIP has been set up to facilitate the signage of one or two new high priority routes each fiscal year. The City has utilized the best available data to select a pilot area to implement parking restrictions. Data collected to date illustrates areas in greatest need of parking restrictions based on two criteria: poor curb access and high rates of road debris accumulation. City staff selected an east Alisal neighborhood, where data show curb access is low and road debris is high, for a pilot effort to implement parking restrictions (Attachment 2). The designated pilot area will allow staff to observe the effectiveness of the program on water quality by collecting samples at an existing monitoring outfall in the pilot area.
As per City Code Chapter 12-21, Public Works purchases, as otherwise directed by the City Council, whenever the amount to be expended for any purchase whatsoever is in excess of one hundred thousand dollars, the purchasing agent shall advertise for sealed bids and the contract of purchase shall be awarded to the lowest responsible bidder. Costs to sign the pilot routes were estimated by the City’s traffic division utilizing our current “On-Call” signage contractor fee schedule, whose contract has now expired. Thus, staff is requesting to utilize one of the “Class A” contractors, who were selected using the RFQ process, to fabricate and install the No Parking signage on a competitive basis. Once the City Council has approved the allocation of ARPA funds for No Parking signage, bids will be obtained from the on-call Class A contractors for the fabrication and installation of the No Parking signage as per the Sign Plan developed by the Traffic Division. The contract shall be awarded to the lowest responsible bidder.
No Parking signs will be placed a minimum of 200 feet apart in the pilot area to notify motorists of the street sweeping schedule. The Monte Bella neighborhood included in the pilot routes is already signed with parking restrictions, reducing the number of signs needed to be installed and the overall cost to implement the pilot program. Fabrication and installation of the No Parking signage has been estimated to cost approximately $600,000. ARPA funds have been secured to pay for this effort.
The City has already begun a public outreach effort about the revised street sweeping program.
Beginning in 2023 City staff attended tabling events, created social media content and blogs about the importance of street sweeping, and conducted door knocking in District 2 near Closter Park (located in the pilot area). The Table 1 and Table 2 below summarize the digital and in person outreach events conducted to date since the street sweeping outreach program’s inception (January 2023 through July 31, 2024). Additional statistics are given in Attachment 3.
Table 1. Street Sweeping Program Digital Media Engagement (January 2023 - July 2024) Activity Description Reach
Social Media Posts Designed and published 50+ social media posts 302,898 impressions Page | 4
Activity Description Reach
Website Content Created street sweeping content and blogs and posted to cleanwatersalinas.com 3,600 page views
Survey Form Created digital form to cell phone numbers for City alerts about street sweeping 237 sign ups
Table 2. Street Sweeping Program Direct Public Outreach Engagement (January 2023 - July 2024) Activity Description
Contact
Information
Collected
Reach
Kickoff Event at Closter Park
(June 2023)
Salinas Streets Shine
Together Campaign Kickoff
with tabling
12 ~100 booth
visitors
Community Clean-up at La Paz
Park
(September 2023)
Clean-up and tabling event 40 ~100 booth
visitors
Ciclovia
(October 2023) Tabled at community event 115 ~500 booth visitors 150th Anniversary Celebration
(April 2024) Tabled at community event 25 ~100 booth visitors Door Knocking
(July 2024)
Door to door knocking in
City Council District 2 45 70 conversations
On September 12, 2024, the Traffic & Transportation Commission unanimously recommended the City Council approve the new street sweeping routes, the pilot route for signage, and the appropriation of ARPA funds to fabricate and install signed per the Sign Plan. With Council approval of the new routes and the pilot program, the City will deploy a targeted outreach and engagement effort in the pilot program neighborhoods. Outreach efforts will notify residents of the new parking restrictions and new sweeping routes with door knocking, fliers, and a coordinated notification system sending text messages directly to subscribed residents. Outreach will also be performed via social media and the CleanWaterSalinas website.
CEQA CONSIDERATION:
The City of Salinas has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301, Class 1(c)) because the actions consist of minor alterations of existing City streets via signage.
CALIFORNIA GOVERNMENT CODE §84308 APPLIES:
No
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STRATEGIC PLAN INITIATIVE:
The proposed project meets the City Council’s Strategic Plan Initiative of Infrastructure and Environmental Sustainability. Redesigned street sweeping routes and No Parking signs in the pilot area will improve the condition of local streets and utilize modern techniques to build climate resiliency. A strategic street sweeping program supports this initiative by removing debris and pollution thereby improving the street appearance as well as improving water quality and reducing flood risk.
DEPARTMENTAL COORDINATION:
Public Works will advance this project through coordination with Traffic and Parking Enforcement with additional input from Public Relations to ensure that the public is engaged in the pilot program testing. Parking enforcement is provided in coordination with a parking enforcement contractor (LAZ) for warning tickets and the Police Department for all potential towing issues.
FISCAL AND SUSTAINABILITY IMPACT:
Fund Appropriation Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25 CIP
Budget Page
Last Budget
Action (Date,
Resolution)
3911 50.8192-63.5900 Outside servicesOther
professional
$700,011 $600,000 Storm Sewer
(NPDES)/9292
9/21/21
Reso 22175
.
The total estimated cost for the implementation of the pilot program is $600,000 to pay for the fabrication and installation of “No Parking” signs within the affected neighborhoods. The expenses will be paid from ARPA funds appropriated to the Public Works Dept. for the Green Infrastructure Project.
ATTACHMENTS:
Resolution
Attachment 1 – Redesigned Routes
Attachment 2 – Pilot Routes
Attachment 3 – 2023-24 Street Sweeping Education Outreach Campaign Stats
RESOLUTION NO. (N.C.S.)
A RESOLUTION APPROVING NEW STREET SWEEPING ROUTES, INSTALLATION OF “NO PARKING” SIGNS IN THE PILOT AREA, APPROPRIATION OF FUNDS FOR SIGNAGE, AND USE OF AN “ON-CALL” CONTRACTOR FOR SIGN FABRICATION AND
INSTALLATION
WHEREAS, the City desires to have clean streets and meet regulatory mandates to improve water quality of local receiving waters; and
WHEREAS, street sweeping has been proven to be one of the most effective stormwater best management practices (BMPs) to remove pollutants from our streets; and WHEREAS, effective street sweeping operations are hampered by cars parked at the curb during sweeping operations; and
WHEREAS, the City’s NPDES permit requires the implementation of “No Parking” street sweeping signage on high and medium priority streets; and WHEREAS, the City’s street sweeping routes have been revised to sweep alternate sides of the street of different days to facilitate moving of cars for sweeping operations; and WHEREAS, a pilot route in an area with high priority streets has been identified for the implementation of “No Parking” street sweeping signage; and WHEREAS, the Traffic and Transportation Commission unanimously recommended, on September 12, 2024, adoption of the new street sweeping routes and approval of the pilot location and funding for “No Parking” signage installation; and
WHEREAS, the City went through the RFQ process to identify qualified Class A “On-Call” contractors for Public Works projects such as this; and WHEREAS, The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378);
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINAS, that the City Council approves the new street sweeping routes, installation of signage in the pilot location, and authorizes the City Manager to negotiate and execute an agreement with one of the City’s on-call Class A contractors following selection through a competitive process for the fabrication and installation of “No Parking” signage in an amount not to exceed $600,000.
PASSED AND APPROVED this 8th day of October 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Kimbley Craig, Mayor
ATTEST:
Patricia M. Barajas, City Clerk
Attachment 1: Redesigned street sweeping routes
Summary table with of redesigned route ID and sweeping day Route ID Sweeping Day Frequency
121_1M 1st and 3rd Monday Twice per month
121_1T 1st and 3rd Tuesday Twice per month
122_1M 1st and 3rd Monday Twice per month
122_1T 1st and 3rd Tuesday Twice per month
123_1M 1st and 3rd Monday Twice per month
123_1T 1st and 3rd Tuesday Twice per month
124_2M 2nd and 4th Monday Twice per month
124_2T 2nd and 4th Tuesday Twice per month
125_2M 2nd and 4th Monday Twice per month
125_2T 2nd and 4th Tuesday Twice per month
341_1W 1st and 3rd Wednesday Twice per month
341_1R 1st and 3rd Thursday Twice per month
342_2W 2nd and 4th Wednesday Twice per month
342_2R 2nd and 4th Thursday Twice per month
351_1W 1st and 3rd Wednesday Twice per month
351_1F 1st and 3rd Friday Twice per month
352_2W 2nd and 4th Wednesday Twice per month
352_2F 2nd and 4th Friday Twice per month
353_2W 2nd and 4th Wednesday Twice per month
353_2F 2nd and 4th Friday Twice per month
EW1_R Thursdays Every week
EW2_F Fridays Every week
Redesigned route maps enclosed.
LINDEN ST
S HEBBRON AVE
KIMMEL ST
MYRTLE ST
MAZATLAN ST
CARR AVE
ALMA AVE
FAIRHAVEN ST
BEECH ST
BOSTON ST
CIRCLE DR
ROOSEVELT ST
BELLEHAVEN ST
GRANDHAVEN ST
TUMBLEWEED DR
BUCKHORN DR
BISON WAY
ANTIGUA AVE
PASEO GRANDE
COUGAR DR
OREGON ST
PIAZZA DR
TOP PL
SYCAMORE RD
CORTEZ ST
EUCALYPTUS DR
FALCON DR
GAVIOTA DR
PALMERA AVE
E MARKET ST
PALERMO DR
SPOLETO ST
VERONA CT
RANCHERO DR
ELK DR
ST EDWARDS AVE
BARDIN RD
SAGE CT
CAMPANIA WAY
CONNELY ST TAMPA ST
MORENO DR
ANDINA DR
ELTON PL
TORO AVE
ATLANTIC ST
MIAMI ST
PARKWAY RD
NOGAL DR
TOWT ST BARDIN WAY
TUSCANY BLVD
JOHN ST
C ST
SMITH ST S WOOD ST
MARGARET ST
D ST
KENTUCKY ST
AFTON RD
GALINDO ST
HILL TOP DR SUMMIT DR
N HEBBRON AVE
PACIFIC AVE
2ND AVE
FREEDOM PKWY
ACOSTA PLZ
FREMONT ST
QUILLA ST
CENTER ST
MCGOWAN DR
RIDER AVE
N SANBORN RD
S FILICE ST
GEE ST
AVIS CT EAST ST
MONTANA ST
N PEARL ST
MOHAR ST
1ST AVE
BURKE ST
GREEN ST
BOLERO AVE
MAE AVE DALLAS AVE
CHAMISE DR
DENNIS AVE
S SANBORN RD
DEL MONTE AVE
ORCHARD AVE
E BORONDA RD
PALOMA AVE
GARNER AVE
ACOSTA ST
WIREN ST
OSO CT
WILLIAMS RD
ST GEORGE DR
E ALISAL ST
RAMONA AVE
N FILICE ST
SUNRISE ST
LAS CASITAS DR
EAGLE DR
ST HELEN WAY
ST AUGUSTINE DR
KILBRETH AVE
TERRACE ST
NATIVIDAD RD
ELKINGTON AVE
SCONBERG PKWY CROSS AVE
MONTE BELLA BLVD
ALAMO WAY
N MADEIRA AVE
E LAUREL DR
CONSTITUTION BLVD
´
Swept twice per
month
121_1M
121_1T
LITTLE RIVER DR
LINDEN ST
LEXINGTON DR
KIMMEL ST
OREGON ST
GARNER AVE
MASSACHUSETTS DR
VERONA CT
GEORGETOWN WAY
SARATOGA DR
MAZATLAN ST
ALMA AVE
CANELLI CT
BEECH ST CIRCLE DR
TOWT ST
COBBLESTONE ST TUMBLEWEED DR
BUCKHORN DR
BISON WAY
ANTIGUA AVE
PASEO GRANDE
COUGAR DR
ESTRELLA WAY
NEWINGTON ST
CORTEZ ST
FALCON DR
GAVIOTA DR
PALMERA AVE
SAGUARO DR
SPOLETO ST
RANCHERO DR
ELK DR
ST EDWARDS AVE
HANCOCK ST
BOSTON ST
SAGE CT
CABOT WAY
MORENO DR
ATLANTIC ST
NOGAL DR
NEW DEAL ST
C ST
D ST
2ND AVE
GALINDO ST
HILL TOP DR SUMMIT DR
MADRONE DR
PACIFIC AVE
FREEDOM PKWY
ACOSTA PLZ
MESQUITE DR
CUPERTINO WAY
LOS ALTOS WAY
N SANBORN RD
GEE ST
MONTANA ST
MOHAR ST
BURKE ST
GREEN ST
MAE AVE
DALLAS AVE
CAOBA WAY CHAMISE DR
DEL MONTE AVE
ORCHARD AVE
E BORONDA RD
ACOSTA ST
WIREN ST
CACTUS CT
NATIVIDAD RD
OSO CT
CAMBRIAN DR
WILLIAMS RD
ST GEORGE DR
BEACON HILL DR
SUNRISE ST
EAGLE DR
ST AUGUSTINE DR
N MADEIRA AVE
KILBRETH AVE ELKINGTON AVE RIDER AVE ALAMO WAY
INDEPENDENCE BLVD
E LAUREL DR
ATHERTON WAY
CONSTITUTION BLVD
´
Swept twice per
month
122_1M
122_1T
RIDER AVE
BERNARDO AVE
MERLOT WAY
MASSACHUSETTS DR
ELWOOD ST
LEWIS ST
GEORGETOWN WAY
CHARDONNAY DR
SARATOGA DR
MAZATLAN ST
BLOCK AVE
COBBLESTONE ST
WESTMINSTER DR
LEXINGTON DR
DECLARATION ST
PACHECO ST
EMERALD DR ARCADIA WAY CROMWELL DR VICTORIA AVE
CRESTVIEW ST
ERCIA ST
LOS COCHES AVE
ROSARITA DR
NEWINGTON ST
EL DORADO DR KLAMATH DRGLENDORA WAY
RANCHERO DR
PESCADERO DR
HANCOCK ST
BOSTON ST
LITTLE RIVER DR
RIESLING WAY
CABOT WAY
CALAVERAS DR
REATA ST
TAHOE DR SISKIYOU DR
HARTFORD ST
NICHOLS AVE
HUMBOLDT DR
RAINIER DR
ST FRANCIS WAY
MARIN AVE
CHAPARRAL ST
DE CUNHA CT
TRINITY WAY SUTTER ST
GRANADA AVE
MARIPOSA ST
GLACIER DR
NOGAL DR
HAMPTON ST
MODOC AVE LASSEN AVE
ROCKHAVEN CT
PARSONS AVE
NATIVIDAD RD
MADRONE DR
SNUG HARBOR ST
FREEDOM PKWY
MARYAL DRSANTA TERESA WAY
CUPERTINO WAY
LOS ALTOS WAY
BRADBURY ST
LESLIE DR
YREKA DR
TRAZADO AVE
UKIAH WAY CHICO WAY SAUSAL DR
KENT ST
KIP DR
ANGELUS DR DIABLO DR
EL SUR AVE
BOLERO AVE
TUDOR WAY
SAUCITO AVE
CABRILLO AVE
MCKINNON ST
TETON AVE
VALLEJO ST
MELVILLE ST
RHINE CT
HEMINGWAY DR
SEQUOIA ST
TAMPICO AVE
CAMBRIAN DR
ST BRENDAN WAY
COLUSA PL
BEACON HILL DR
HARDEN PKWY
E ALVIN DR
E LAUREL DR
LINWOOD DR
RAMONA AVE
COVENTRY ST NANTUCKET BLVD
ATHERTON WAY
INDEPENDENCE BLVD
E BORONDA RD
CONSTITUTION BLVD
´
Swept twice per
month
123_1M
123_1T
POWELL ST
W CURTIS ST
CHAPARRAL ST
DEER ST
ALVARADO DR
N 1ST ST
WINDSOR ST
WHEELER DR
BLOCK AVE SARATOGA DR
ROCHEX AVE
MADRID ST
WESTMINSTER DR
PACHECO ST
EMERALD DR
ARCADIA WAY
HYDE ST
VICTORIA AVE
SHERMAN DR
LOS COCHES AVE
HOWE DR
COLTON DR
KLAMATH DR
LUPIN DR
CHRISTENSEN AVE
PESCADERO DR SEVILLE ST
SEPULVEDA DR
CALAVERAS DR
TAHOE DR
SISKIYOU DR
CRESCENT WAYBOEING AVE
NICHOLS AVE
HUMBOLDT DR
VICTOR ST
RAINIER DR
ST FRANCIS WAY
MARIN AVE
TRINITY WAY
SUTTER ST
GRANADA AVE
MARIPOSA ST
GLACIER DR
EL DORADO DR
HAMPTON ST
MODOC AVE
LASSEN AVE
INCA WAY
REATA ST
RICO ST
DORORO DR TULANE ST
ELWOOD ST
TAPADERO DR PARSONS AVE
POLK ST
GARDENIA DR
ADAMS ST
NATIVIDAD RD
W ALVIN DR
LOMA DR
ROSARITA DR MARYAL DR
SANTA TERESA WAY
CUPERTINO WAY
HARDING ST
ADOBE DR
PUEBLO DR
LOS ALTOS WAY
LESLIE DR
IRIS DR
N 2ND ST
RODEO AVE
YREKA DR
TRAZADO AVE
N 3RD ST
CHICO WAY
KENT ST
TERRA DR
KIP DR
N 4TH ST
ANGELUS DR DIABLO DR
SLOAT DR
NOICE DR
MONROE ST
BOLERO AVE
IRIS ALY
TUDOR WAY
CABRILLO AVE
NAVAJO DR OSAGE DR
MCKINNON ST
TETON AVE
VALLEJO ST
LEESE DR
SEQUOIA ST
W LAUREL DR PARKSIDE ST
CASENTINI ST
DURAN ST
TAMPICO AVE
BUSH ST
LARKIN ST
CAMBRIAN DR
E BERNAL DR
TYLER ST
SHERWOOD DR
LINWOOD DR
HARDEN PKWY
RAMONA AVE
CHEROKEE DR
E LAUREL DR
N MAIN ST
E ALVIN DR
ATHERTON WAY
CONSTITUTION BLVD
N DAVIS RD
´
Swept twice per
month
124_2M
124_2T
WINDSOR ST
CHARDONNAY DR
MADRID ST
WESTMINSTER DR
PEREZ ST
DELANCEY DR
EMERALD DR
ARCADIA WAY
CROMWELL DR
VICTORIA AVE
LOS COCHES AVE
KLAMATH DR
EISENHOWER ST
GLENDORA WAY CHRISTENSEN AVE
PESCADERO DR
BROADWAY DR
SEVILLE ST
N 1ST ST SEPULVEDA DR CALAVERAS DR
E BOLIVAR ST
TAHOE DR
SISKIYOU DR
E LAMAR ST
HARTFORD ST
HOOVER ST
HUMBOLDT DR
SUTTER ST
BRUTUS ST
EL DORADO DR
ARTHUR ST
HAMPTON ST
LENNY ST
INCA WAY
W ALVIN DR
KENNEDY ST
LOUISE ST
ADAMS ST
NORTHRIDGE DR
PUEBLO DR CUPERTINO WAY
LESLIE DR
YREKA DR
OSAGE DR
KENT ST
KIP DR
LUBER ST
TUDOR WAY
NAVAJO DR CAMBRIAN DR
RHINE CT
MCKINNON ST
DURAN ST
VAN BUREN AVE
JACKSON ST
COVENTRY ST
HARDEN PKWY
CHEROKEE DR
E ALVIN DR
SAN JUAN GRADE RD
E BORONDA RD
N MAIN ST ROGGE RD
NATIVIDAD RD
N DAVIS RD
´
Swept twice per
month
125_2M
125_2T
E LAKE ST
LOS OLIVOS DR
VIA MARIA
E ROSSI ST
GRIFFIN ST
CHAUCER DR
CALLE CEBU
CARMEL AVE
DEL MAR DR
MONTEREY ST
W SAN LUIS ST
MARKET WAY
HARVEST ST
WINHAM ST
LEMOS AVE
KIPLING ST
W ACACIA ST
AMBROSE DR
IVERSON ST
LANG ST
SIMAS ST
ALAMEDA AVE
LINCOLN AVE
WILSON ST
CAPITOL ST
GROVE ST
HASTINGS AVE
PALMA DR
DICKENS DR
COLLEGE DR
BELMONT DR
SAN MIGUEL AVE
KENTFIELD DR
VIA PARAISO
LOYOLA DR
SIERRA MADRE DR
SAN MARCOS DR
LA MIRADA DR
SAN ANGELO DR
ORANGE DR
CAMPUS AVE
HOMESTEAD AVE
PARK ST
WEST ST
SAN FELIPE ST
SOLEDAD ST
NISSEN RD
TALBOT ST FRONT ST
AUBURN ST ARCHER ST
PINE ST
RIKER ST
E MARKET ST
COMMISSION ST
WILGART WAY
LOS PALOS DR
FAIRFAX DR
SIERRA DR
MAPLE ST
CARMELITA DR
CAPISTRANO DR
OAK ST
MAIN ST
CALIFORNIA ST
SAN SIMEON DR
SUN ST
LODGE LN
WILLOW ST
E ACACIA ST
HAWTHONE ST
E ROMIE LN
BEDFORD DR
PARK ROW
PADRE DR
MARION AVE
STONE ST
KATHERINE AVE
BRUCE AVE
BYRON DR
CRESPI WAY
RIANDA ST
VILLA ST
LORIMER ST
E ALISAL ST
RIKER TER
CHURCH ST
WOODSIDE DR
PAJARO ST
ST ANN DR
ABBOTT ST
GEIL ST
W BLANCO RD
CENTRAL AVE
WORK ST
UNIVERSITY AVE
LA MESA DR
RIO VERDE DR
NACIONAL ST
E BLANCO RD
E SAN LUIS ST W ALISAL ST
CLAY ST
SAN JUAN DR
SALINAS ST
´
Swept twice per
month
341_1W
341_1R
KERN ST LINCOLN AVE
LOS OLIVOS DR
KINGS ST
JOHNSON AVE
SAN FELIPE ST
SPRING ST
CHAUCER DR
ROOSEVELT ST
SAN BLANCO DR
CARMEL AVE
DEL MAR DR
LEMOS AVE
W SAN LUIS ST
E ALISAL ST
SUMMER ST
HARVEST ST
WINHAM ST
KIPLING ST
IVERSON ST
LANG ST
CAPITOL ST
WEST ST
GROVE ST
PALMA DR
DICKENS DR
COLLEGE DR
SAN MIGUEL AVE
VIA PARAISO
SIERRA MADRE DR
SAN MARCOS DR
LA MIRADA DR
W ACACIA ST
SAN VINCENTE AVE
ORANGE DR
S MADEIRA AVE
SAN DIEGO DR
NISSEN RD
ALAMEDA AVE
SAN FERNANDO DR
EL PASO PL
TALBOT ST SMITH ST
S WOOD ST
FRONT ST
AUBURN ST
PINE ST
RIKER ST
WILGART WAY
LOS PALOS DR
FAIRFAX DR
SIERRA DR
MAPLE ST
CALIFORNIA ST
AMBROSE DR
SOLEDAD ST
CAPISTRANO DR OAK ST
JOHN ST
MAIN ST
SPICER ST
MALARIN ST
MELODY LN
WILLOW ST
E ACACIA ST
HAWTHONE ST
E ROMIE LN
PARK ROW PADRE DR
MARION AVE
CHESTNUT ST
ELVEE DR
CHURCH ST
SAN ANGELO DR
HARTNELL ST
SAN JOSE ST
KATHERINE AVE
BRUCE AVE
BYRON DR
BAUTISTA DR JUNIPERO WAY CRESPI WAY
BLANCO CIR
S SANBORN RD
LORIMER ST
BRUNKEN AVE
HOMESTEAD AVE
RIKER TER
ENCINADA DR
GRIFFIN ST
SAN PEDRO ST
WOODSIDE DR
PAJARO ST
ABBOTT ST
GEIL ST
CENTRAL AVE
COLERIDGE DR
W BLANCO RD
SALINAS ST
RIO VERDE DR
LA MESA DR
E SAN LUIS ST W ALISAL ST
WORK ST
CLAY ST
SAN JUAN DR
E BLANCO RD
´
Swept twice per
month
342_2W
342_2R
LINDEN ST E LAKE ST LUPIN DR
S HEBBRON AVE
SAN MIGUEL AVE
LOS OLIVOS DR
VIA MARIA
FAIRVIEW AVE
E ROSSI ST CALLE CEBU
MYRTLE ST
COLLEGE DR
CARMEL AVE
CAROL DR
CARR AVE
CIRCLE DR
MONTEREY ST
W SAN LUIS ST
LEMOS AVE
MARKET WAY
SANSOME ST
HARVEST ST
WINHAM ST
OREGON ST
HYDE ST
KIPLING ST
IVERSON ST
LANG ST
SIMAS ST
ALAMEDA AVE
1ST AVE
LINCOLN AVE
ROOSEVELT ST
WILSON ST
E ALISAL ST
EUCALYPTUS DR
POWELL ST
CAPITOL ST
GROVE ST
ST EDWARDS AVE
PALMA DR
MCALLISTER ST
FAIRFAX DR
ELTON PL
SIERRA MADRE DR
CHAUCER DR
SANBORN PL
W ACACIA ST
ORANGE DR
CAMPUS AVE
HOMESTEAD AVE
WEST ST
PARKWAY RD
PARK ST
SAN FELIPE ST
SOLEDAD ST
NISSEN RD
JOHN ST
TALBOT ST
RICO ST
BEVERLY DR
SMITH ST
S WOOD ST
QUILLA ST
KENTUCKY ST
FRONT ST
AUBURN ST
CLARK ST
ARCHER ST
HILL TOP DR
PINE ST
RIKER ST
SUMMIT DR
COMMISSION ST
LOS PALOS DR SIERRA DR
MAPLE ST
2ND AVE
DE LA TORRE
W LAKE ST
FREMONT ST
CENTER ST
TOWT ST
ADOBE DR
N SANBORN RD
CAPISTRANO DR
S FILICE ST
GEE ST
N PEARL ST
VERTIN AVE
KINGS ST
KERN ST
OAK ST
CALIFORNIA ST
MAIN ST
PAJARO ST
SUN ST
WILLOW ST
E ACACIA ST
HAWTHONE ST
E ROMIE LN
PADRE DR
MEADOW DR
AMBROSE DR
MARION AVE
STONE ST
AIRPORT BLVD
SLOAT DR
KATHERINE AVE IRIS ALY
JEAN AVE
RIANDA ST
N MAIN ST VICTOR ST LORIMER ST
MAYFAIR DR
VILLA ST
CHURCH ST
GRIFFIN ST
GARNER AVE
ST ANN DR
CENTRAL AVE
BUSH ST
LARKIN ST
ABBOTT ST
S SANBORN RD
ST GEORGE DR
GEIL ST
W BLANCO RD
COLERIDGE DR
N FILICE ST
E BERNAL DR
ST HELEN WAY
ST AUGUSTINE DR
NACIONAL ST
TERRACE ST
E SAN LUIS ST
SHERWOOD DR
W ALISAL ST
WORK ST
CLAY ST
SAN JUAN DR
W ROSSI ST
TERVEN AVE
N MADEIRA AVE
E LAUREL DR
CASENTINI ST
SALINAS ST
E MARKET ST
ELVEE DR
´
Swept twice per
month
351_1W
351_1F
SANSOME ST
W CURTIS ST
RAINIER DR
CHAPARRAL ST
DEER ST
ALVARADO DR
ESTRADA WAY
WINDSOR ST
BLOCK AVE
ROCHEX AVE
MADRID ST
WESTMINSTER DR
HYDE ST
SHERMAN DR
RICO ST
HOWE DR
COLTON DR
POWELL ST
LUPIN DR
CHRISTENSEN AVE
SEVILLE ST
N 1ST ST
MCALLISTER ST
SEPULVEDA DR
CRESCENT WAY BOEING AVE
NICHOLS AVE
ST FRANCIS WAY
GRANADA AVE
HAMPTON ST
LASSEN AVE
INCA WAY
REATA ST
DORORO DR TULANE ST
ELWOOD ST
TAPADERO DR
PARSONS AVE
POLK ST
GARDENIA DR
ADAMS ST
NATIVIDAD RD
W ALVIN DR
LOMA DR
ROSARITA DR
TRAZADO AVE
MARYAL DR
HARDING ST
ADOBE DR
PUEBLO DR
IRIS DR
N 2ND ST
RODEO AVE
N 3RD ST
TERRA DR
KIP DR
DIABLO DR
SLOAT DR
NOICE DR
MONROE ST
BROOKS RD NAVAJO DR OSAGE DR
MCKINNON ST
VALLEJO ST
VICTOR ST
LEESE DR
SEQUOIA ST
POST DR
E LAUREL DR
W LAUREL DR IRIS ALY
DURAN ST
TAMPICO AVE
BUSH ST
LARKIN ST
E BERNAL DR
TYLER ST
SHERWOOD DR
LINWOOD DR
HARDEN PKWY
W ROSSI ST
CHEROKEE DR
N MAIN ST
E ALVIN DR
CASENTINI ST
N DAVIS RD
´
Swept twice per
month
352_2W
352_2F
LINDEN ST
PELLETT AVE
S HEBBRON AVE
KIMMEL ST
JOHNSON AVE
FAIRVIEW AVE
MYRTLE ST
CAROL DR
CARR AVE
ALMA AVE
FAIRHAVEN ST
BEECH ST
GARNER AVE
CIRCLE DR
BELLEHAVEN ST
GRANDHAVEN ST
D ST
COUGAR DR
OREGON ST
PIAZZA DR SIMAS ST
ROOSEVELT ST
SYCAMORE RD
CORTEZ ST
EUCALYPTUS DR
GAVIOTA DR
FLORENCE PL
E MARKET ST
PALERMO DR
VERONA CT
ROY DIAZ ST
ST EDWARDS AVE
BARDIN RD
CONNELY ST TAMPA ST
MORENO DR
ANDINA DR
ELTON PL
TORO AVE
SANBORN PL
MIAMI ST
PARKWAY RD
HANSEN ST
TOWT ST BARDIN WAY
TUSCANY BLVD
JOHN ST
BEVERLY DR
C ST
SMITH ST
MARIGOLD WAY S WOOD ST
MARGARET ST
KENTUCKY ST
AFTON RD
HILL TOP DR SUMMIT DR
N HEBBRON AVE
CAPRI WAY
2ND AVE
DE LA TORRE
MOFFETT ST
ACOSTA PLZ
FREMONT ST
QUILLA ST
CENTER ST
MCGOWAN DR
FREEDOM PKWY
N SANBORN RD
S FILICE ST
EAST ST
MONTANA ST
N PEARL ST
VERTIN AVE
MOHAR ST
KINGS ST KERN ST
E ROMIE LN
1ST AVE
BURKE ST
MEADOW DR
GREEN ST
MAE AVE
SKYWAY BLVD
AIRPORT BLVD
RIANDA ST
JEAN AVE
BRUNKEN AVE
JEFFERY AVE
DENNIS AVE
MAYFAIR DR
GRIFFIN ST
PALOMA AVE
ACOSTA ST
WIREN ST
ABBOTT ST
S SANBORN RD
WILLIAMS RD ST GEORGE DR
E ALISAL ST
N FILICE ST
SUNRISE ST DEL MONTE AVE
SCONBERG PKWY
ST HELEN WAY
ST AUGUSTINE DR
E LAUREL DR
TERRACE ST
CROSS AVE
MONTE BELLA BLVD
LA GUARDIA ST
WORK ST
TERVEN AVE
N MADEIRA AVE
ELVEE DR
´
Swept twice per
month
353_2W
353_2F
W ACACIA ST
BARDIN RD
FRONT ST
SKYWAY BLVD
WILLIAMS RD
JOHN ST
WORK ST
N MAIN ST
E ALVIN DR
E MARKET ST
´
Swept every week
EW1_R
1ST AVE
ORANGE DR
WEST ST
FAIRVIEW AVE
W ACACIA ST
CARMEL AVE
CAROL DR
HARVEST ST
WINHAM ST
ALAMEDA AVE
SYCAMORE RD
GROVE ST
ROY DIAZ ST
SAN MIGUEL AVE
VIA PARAISO
SANBORN PL
SAN MARCOS DR
BEVERLY DR
SMITH ST S WOOD ST FRONT ST
PINE ST
WILGART WAY
LOS PALOS DR SIERRA DR
MAPLE ST CALIFORNIA ST
MOFFETT ST
HARKINS RD
HANSEN ST
S FILICE ST
VERTIN AVE
OAK ST
WILLOW ST
E ACACIA ST
HAWTHONE ST
E ROMIE LN
MEADOW DR
SKYWAY BLVD
AIRPORT BLVD
SAN ANGELO DR
KATHERINE AVE
JEAN AVE
HARRIS PL
GRIFFIN ST
JEFFERY AVE
MAYFAIR DR
CAYUGA ST
CHURCH ST
PAJARO ST
BURTON AVE
PALOMA AVE
SCHILLING PL
HARRIS RD
S SANBORN RD
GEIL ST
E ALISAL ST
RIKER ST
LA MESA DR
JOHN ST
RIO VERDE DR
DAYTON ST
E SAN LUIS ST
CLAY ST
LA GUARDIA ST
WORK ST
SAN JUAN DR
TERVEN AVE
ELVEE DR
E BLANCO RD
ABBOTT ST
´
Swept every week
EW2_F
Attachment 2: Parking Restriction Pilot Routes
Summary table with pilot route ID and sweeping day
Route ID Sweeping Day Frequency
121_1M 1st and 3rd Monday Twice per month
121_1T 1st and 3rd Tuesday Twice per month
Pilot route map enclosed.
LINDEN ST
S HEBBRON AVE
KIMMEL ST
MYRTLE ST
MAZATLAN ST
CARR AVE
ALMA AVE
FAIRHAVEN ST
BEECH ST
COBBLESTONE ST
CIRCLE DR
BELLEHAVEN ST
GRANDHAVEN ST
BUCKHORN DR
BISON WAY
ANTIGUA AVE
PASEO GRANDE
COUGAR DR
OREGON ST
PIAZZA DR
TOP PL
ROOSEVELT ST
SYCAMORE RD
CORTEZ ST
EUCALYPTUS DR
FALCON DR
GAVIOTA DR
PALMERA AVE
E MARKET ST
PALERMO DR
SPOLETO ST
VERONA CT
RANCHERO DR
ELK DR
ST EDWARDS AVE
BARDIN RD
SAGE CT
MARIGOLD WAY
CONNELY ST TAMPA ST
MORENO DR
ANDINA DR
ELTON PL
TORO AVE
ATLANTIC ST
MIAMI ST
PARKWAY RD
NOGAL DR
TOWT ST BARDIN WAY
TUSCANY BLVD
C ST
SMITH ST S WOOD ST
MARGARET ST
D ST
KENTUCKY ST
AFTON RD
GALINDO ST
HILL TOP DR SUMMIT DR
N HEBBRON AVE
CAPRI WAY
MADRONE DR
PACIFIC AVE
2ND AVE
ACOSTA PLZ
FREMONT ST
QUILLA ST
CENTER ST
MCGOWAN DR
N SANBORN RD
S FILICE ST
GEE ST
AVIS CT EAST ST
MONTANA ST
N PEARL ST
MOHAR ST
1ST AVE
BURKE ST
GREEN ST
MAE AVE
DALLAS AVE
CHAMISE DR
FREEDOM PKWY
DENNIS AVE
DEL MONTE AVE
ORCHARD AVE
E BORONDA RD
PALOMA AVE
GARNER AVE
ACOSTA ST
WIREN ST
CACTUS CT
OSO CT
S SANBORN RD
WILLIAMS RD
ST GEORGE DR
MEADOW DR
SKYWAY BLVD
E ALISAL ST
N FILICE ST
JOHN ST
SUNRISE ST
EAGLE DR
ST HELEN WAY
ST AUGUSTINE DR
KILBRETH AVE
TERRACE ST
ELKINGTON AVE
SCONBERG PKWY CROSS AVE MONTE BELLA BLVD
RIDER AVE ALAMO WAY
N MADEIRA AVE
E LAUREL DR
CONSTITUTION BLVD
´
Pilot Routes
121_1M
121_1T
Monitored Drainage
Outfall Monitoring
Station
Attachment 3
2023-24 Street Sweeping Education Outreach
Campaign At a Glance
Updated: 7/31/24
Community Touch points (Approximate) Contact Info Collected via Paper Sign Up Sheets Event People Event Sign Ups
2023-Closter Park 100 2023-Closter Park 12
2023-La Paz Park/Alisal 100 2023-La Paz Park/Alisal* 40 2023-Ciclovia 500 2023-Ciclovia 115
2024-150th Celebration 100 2024-150th Celebration 25
2024-Closter Park/Door-to-Door Knocking in Alisal 79 2024-Closter Park/D-2 45 Total 879 Total 237
*Touch point means total visitors to a booth/table that were engaged by City staff and Consultant
*La Paz Park/Alisal clean up had 40
volunteers/community members engaged
Social Media Engagement Rate Percent
2023 2.57%
2024 3.40%
*Industry benchmark is generally between 1.07% - 2.0%
Social Media Impressions No.
2023-24 Impressions 302,898
Average time on page is nearly 3 minutes. Industry benchmark is 52 seconds 1,100 page scrolls (meaning a user scrolled down at least 50% of page) Collateral
50+ social media posts (videos, graphics)
Clean Water Salinas Website (Google Analytics - 2023)
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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-576, Version: 1
Lease Agreement with Advancetech Aircraft Maintenance, Inc.
Approve a Resolution approving a new Lease Agreement with Advancetech Aircraft Maintenance, Inc. and authorizing the Mayor to enter into the Lease Agreement on behalf of the City.
City of Salinas Page 1 of 1 Printed on 10/3/2024
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: OCTOBER 8, 2024
DEPARTMENT: PUBLIC WORKS, AIRPORT DIVISION
FROM: DAVID JACOBS, PE, LS, DIRECTOR
TITLE: LEASE AGREEMENT WITH ADVANCETECH AIRCRAFT
MAINTENANCE, INC.
RECOMMENDED MOTION:
A motion to approve a resolution approving a new Lease Agreement with Advancetech Aircraft Maintenance, Inc. and authorizing the Mayor to enter into the Lease Agreement on behalf of the City.
EXECUTIVE SUMMARY:
Advancetech is requesting to extend the lease terms of the property located at 1605 Moffett Street.
The term of this Lease shall be for a period of 26 years, commencing on October 1, 2024 (“Commencement Date”) and ending September 30, 2050.
The City reserves the right to update the rate and fees structure to market adjustment through an appraisal process no earlier than August 1, 2038. The appraisal process shall require The City to obtain a ground lease appraisal from a certified appraiser and provide a copy of the appraisal to Lessee for review.
BACKGROUND:
Advancetech Aircraft Maintenance, Inc. (Advancetech), is an aircraft inspection and maintenance facility based at the Salinas Municipal Airport. The City and Advancetech entered into a 30-year lease agreement on February 1, 2000. On September 16, 2003, the First Amendment was signed expanding the demised premises.
Advancetech approached the City to extend the lease past 2030. The best way to accomplish this request was to enter into a new lease. The City of Salinas Staff and Advancetech negotiated a new lease agreement of approximately 26 years for the Lessee’s use. The first-year rental amount will positively benefit the Airport Enterprise Fund by $677.67 for year 1. The proposed annual lease amounts are shown in the table below.
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3% CPI
Amount Year 1 – 2025 Year 2 – 2026 Year 3 – 2027 Year 4 – 2028 Year 5 – 2029 $22,589.04 $23,266.71 $23.964.71 $24,683.65 25,424.16 $26,186.89 CEQA CONSIDERATION:
The City of Salinas has determined that the proposed action is not a project and, therefore, exempt as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
CALIFORNIA GOVERNMENT CODE §84308 APPLIES:
The City of Salinas has determined that Government Code §84308 does not apply.
STRATEGIC PLAN INITIATIVE:
This action supports the City Council’s Goals of Effective and Culturally Responsive Government.
DEPARTMENTAL COORDINATION:
The process of administering these projects involve the following departments: City Council, Public Works, Finance, and Legal. City Council will approve the lease. Public Works Department oversees the development of the project’s plans, specifications, and estimates. The Finance Department administers the proper appropriation of funds. The Legal Department reviews pertinent documents/contracts to ensure the City is in compliance with applicable laws and regulations.
FISCAL AND SUSTAINABILITY IMPACT:
During the Original Term, rent shall be payable, at the option of the Lessee, in either annual or equal monthly installments, at the annual rate of $0.45 per square foot, which equals $1,882.42 per month, or $22,589.04 per annum.
Fund Appropriation Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)
6100 50.5340-54.5030 Building Rental $123,369.14 $22,589.04 n/a n/a ATTACHMENTS:
Resolution
Advancetech Lease
2000(original) Advancetech Lease
Amendment #1
Exhibit A- Depiction of the Premises
- 1 -
RESOLUTION NO. __________________ (N.C.S.)
RESOLUTION APPROVING THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF SALINAS AND ADVANCETECH AIRCRAFT MAINTENANCE, INC.
WHEREAS, the Lessor and Lessee last entered into a Salinas Municipal Airport Lease on February 1, 2000 (the “Lease”) which was approved by the Salinas City Council on February 1, 2000 (Resolution No. 17181 (N.C.S.); and
WHEREAS, the Salinas City Council passed and adopted Amendment #1 on September 16, 2003 (Resolution No. 18356 (N.C.S).
WHEREAS, the Lessor and Lessee agree to enter into a lease as set forth as follows:
The term of this Lease shall be for a period of approximately 26 years, commencing on October 1, 2024 (“Commencement Date”) and ending September 30, 2050, unless sooner terminated in the manner and under the conditions herein provided (the “Original Term”).
WHEREAS, Lessor reserves the right to update the rate and fees structure to market adjustment through an appraisal process no earlier than August 1, 2038. The appraisal process shall require Lessor to obtain a ground lease appraisal from the certified appraiser and provide a copy of the appraisal to Lessee for review.
NOW, THEREFORE, BE IT RESOLVED that City Council approves the Lease Agreement by and between City of Salinas and Advancetech Aircraft Maintenance, Inc. and authorizes the Mayor of Salinas to enter into the Lease Agreement on behalf of the City.
PASSED AND APPROVED this 8th day of October 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
Kimbley Craig, Mayor
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ATTEST:
_____________________________
Patricia M. Barajas, City Clerk
LEASE AGREEMENT
BETWEEN
THE CITY OF SALINAS
AND ADVANCETECH AIRCRAFT
MAINTENANCE, INC.
TABLE OF CONTENTS
Page
ARTICLE 1. Definitions and Exhibits…………………………..…………………….4 Section 1.1 Definitions……………………………………….…….…….4
Section 1.2 Exhibits…………………………………...………………….5
ARTICLE 2 – RECITALS.............................................................................................5 ARTICLE 3 – LEASE PROVISIONS………………………………………………...6
Section 3.1 Premises. .................................................................................6 Section 3.2 Use of the Premises.................................................................6 Section 3.3 Term. .......................................................................................6 Section 3.4 Rent. ........................................................................................6 Section 3.5 Holding Over. .........................................................................8 ARTICLE 4 – AIRPORT USE RESTRICTIONS.........................................................8 Section 4.1 Lessor's Reservations. .............................................................8 Section 4.2 Lessee’s Obligations………………………………………..10
Section 4.3 City of Salinas Regulations. ..................................................11 Section 4.4 Federal Requirements............................................................11 ARTICLE 5 - OTHER COVENANTS.......................................................................13 Section 5.1 Improvements. ......................................................................13 Section 5.2 Maintenance and Repair........................................................15 Section 5.3 Signs......................................................................................15 Section 5.4 Liens and Claims...................................................................16 Section 5.5 Right to Assign or Transfer...................................................17 Section 5.6 Encumbrances of Leasehold Interests. ..................................18 Section 5.7 Right to Enter........................................................................19 Section 5.8 Abandonment........................................................................19 Section 5.9 Recording of Lease Forbidden. .............................................19 Section 5.10 Licenses and Permits.............................................................19
ARTICLE 6 – RISK MANAGEMENT ......................................................................20 Section 6.1 Indemnification.....................................................................20 Section 6.2 Insurance...............................................................................20 Section 6.3 Reporting Damage. ...............................................................20 Section 6.4 Disclaimer and Release; ADA Notice...................................20 Section 6.5 Hazardous Substances. ..........................................................21 Section 6.6 Survival.................................................................................22 ARTICLE 7 – DEFAULT AND TERMINATION.....................................................22 Section 7.1 Termination for Nonpayment of Rent or Other Charges. .....22 Section 7.2 Other Events of Default.........................................................22 Section 7.3 Force Majeure. ......................................................................22 Section 7.4 Insolvency.............................................................................23 Section 7.5 Casualty.................................................................................23 Section 7.6 Eminent Domain. ..................................................................24 Section 7.7 Airport Development……………………………………….24
Section 7.8 Remedies Cumulative. ..........................................................25 Section 7.9 Lease Termination.................................................................25 ARTICLE 8 – MISCELLANEOUS PROVISIONS....................................................25 Section 8.1 Reservations..........................………………………..……..25 Section 8.2 Use of Public Airport Facilities…………………….………27 Section 8.3 Common Airport Areas..…………………………..……….27
Section 8.4 Co-ordinates………………………………….…………….27
Section 8.5 No Waiver of Rights……………………………………….27
Section 8.6 Litigation Involving Lease…………………...…………….28 Section 8.7 Lessee’s Assumption and Waiver………………………….28 Section 8.8 Construction of Lease……………………………………....28
Section 8.9 Time…………………….……………………..…...………29
Section 8.10 Material Breach………………..……………………..…….29
Section 8.11 Notices…………………..……………………….…………29
Section 8.12 Heirs, Successors and Assigns…..………………...……….29 Section 8.13 Headings…………..…………………………………….….30
Section 8.14 Severability………………………………..……...…..…….30
Section 8.15 Counterparts……………………………….….……………30
Section 8.16 Legal Representation…………………..………...….……...30 Section 8.17 Warranty of Authority….…………………………………..30
Section 8.18 Integration and Agreement...………………..….…………..30 Section 8.19 Jurisdiction………….….…………………………………..30
THIS LEASE AGREEMENT (“Lease”) is entered into this 8th day of October 2024 (the “Effective Date”) by and between the City of Salinas, a California charter city and municipal corporation of the State of California (hereinafter referred to as “Lessor”) and ADVANCETECH AIRCRAFT MAINTENANCE, INC., a California corporation (hereinafter referred to as “Lessee”).
WITNESSETH:
A. Lessor owns and operates the Salinas Municipal Airport in the City of Salinas, State of California; and
B. Lessee desires to lease a portion of Airport for the uses permitted and upon the terms and conditions herein.
NOW, THEREFORE, in consideration of the foregoing, the mutual promises and covenants set forth in this Agreement, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:
Article 1. Definitions And Exhibits
Section 1.1 Definitions.
The following capitalized terms have the meanings set forth in this Section 1.1 whenever used in this Agreement, unless otherwise provided:
(a) "Improvements" has the meaning given in Section 5.1. (b) "Airport" means the Salinas Municipal Airport in the City of Salinas, State of California.
(c) "Rent" has the meaning given in Section 3.4, and includes the combined rent for the Building.
(d) "Building" has the meaning given in Section 3.1.
(e) "City Code" has the meaning given in Section 3.2(b). (f) "Claims" has the meaning given in Section 5.1.
(g) "Event of Default" means any material breach of this Lease. (h) "FAA" means the Federal Aviation Administration, as set forth in Section
3.3(e).
(i) "Land Use Plan" has the meaning given in Section 3.2(a).
(j) "Lease" means this Agreement, as set forth in the opening paragraph. (k) "Lessee" means Serv-Aero Engineering, Inc., as set forth in the opening paragraph.
(l) "Lessor" means the City of Salinas, a California charter city and municipal corporation, as set forth in the opening paragraph.
(m)"Ordinance No. 1719" has the meaning given in Section 3.4(d). (n) "Original Term" has the meaning given in Section 2.3(a). (o) "Part 21" has the meaning given in Section 3.3(c)(2). (p) "Part 77" has the meaning given in Section 3.3(d).
(q) "Premises" means the [Building and the Ramp Space licensed to Lessee] pursuant to Section 2.1 of this Agreement.
(r) "Released and Indemnified Parties" means Lessor and its elected officials, officers, employees, agents, and assigns.
(s) ["Renewal Term" has the meaning given in Section 2.3(b).] (t) "Rules" is defined in Section 3.2(a).
(u) "Super Adjacent Air Space" is defined in Section 3.1(e). (v) "TSA" means the Transportation Security Administration, as set forth in Section 3.3(e).
Section 1.2 Exhibits.
The following exhibits are attached to this Lease and are incorporated into it by this reference; provided, however, that any conflict between an exhibit and the main body of this Lease will be construed in favor of the latter:
Exhibit A Depiction of the Premises
Exhibit B Permitted Uses of Premises
Exhibit C Permitted Uses of Premises
Exhibit D Insurance Requirements
Exhibit E RESERVED
ARTICLE 2 – RECITALS
WHEREAS, Lessor owns and operates the Salinas Municipal Airport in the City of Salinas, State of California (hereinafter “Airport”); and
WHEREAS, by way of Resolution No. 17181, Lessee entered into a ground lease for the Premise, on February 1, 2000, and amended said lease (“Amendment No. 1”) by way of Resolution No. 18356; and
WHEREAS, the Lessee desires to enter into a new lease with terms and conditions; and
WHEREAS, the Lease and subsequent Amendment No. 1 entered into, at the execution of this Lease shall terminate; and
NOW, THEREFORE, in consideration of the foregoing, the mutual promises and covenants set forth in this Agreement, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:
ARTICLE 3 – LEASE PROVISIONS
Section 3.1 Premises.
(a) General Description. Lessor hereby leases to Lessee, certain real property located at the Airport (herein referred to as the “Leased Premises and/or Premises”) and more particularly described in Exhibit A - Depiction of the Premises attached hereto.
Section 3.2 Use of the Premises.
(a) The Premises will be used only for the purposes described in Exhibit B – Permitted Uses of the Premises. The Premises may not be used for any other purpose without Lessor's prior written consent, at Lessor's sole discretion and in compliance with the Lessee’s Operational Plan and Security Plan, as approved in writing by Lessor.
Section 3.3 Term.
(a) The term of this Lease shall be for a period of approximately 26 years, commencing on October 1, 2024 (“Commencement Date”) and ending September 30, 2050, unless sooner terminated in the manner and under the conditions herein provided (the “Original Term”). Rent due pursuant to Section 4 begins upon commencement of the term, not upon the occupancy of the Premises or Improvements.
Section 3.4 Rent.
(a) Time and Place of Payments.
The Lessee shall make all rental payments monthly in advance on or before the first day of each new month. Checks should be made payable to the City of Salinas and be delivered to:
City of Salinas
Office of the Finance Director, Attn: Airport Fund
200 Lincoln Avenue
Salinas, California 93901
Failure to pay rent within a ten (10) daytime frame from due date constitutes a default, within the meaning of Section 29(a) of this Agreement. The place and time of payment may be changed at any time by the Lessor upon thirty (30) days’ written notice to Lessee. Lessee assumes all risk of loss and responsibility for late payment charges.
(b) Rent.
(1) During the Original Term, rent shall be payable, at the option of the Lessee, in either annual or equal monthly installments, at the annual rate of $0.45 per square foot, which equals $1,882.42 per month, or $22,589.04 per annum. The rent amount shall be adjusted annually by 3%. In the event that Lessee elects to pay said rent annually, said payment shall be due and payable on the annual anniversary date of the execution of this Agreement, subject to any adjustment to rent pursuant to Section 4B(3). In the event that Lessee elects to pay said rent on a monthly basis, said rent shall be due and payable on the 1st day of each calendar month.
(c) Mid Term Market Adjustment
(1) Lessor reserves the right to update the rate and fees structure to market adjustment through an appraisal process no earlier than August 1, 2038. The appraisal process shall require Lessor to obtain a ground lease appraisal from the certified appraiser and provide a copy of the appraisal to Lessee for review. Lessee then shall have the option to accept the proposed rent adjustment based on Lessor’s appraisal, negotiate with Lessor for a different rent adjustment, or then at his own cost, to obtain his own independent appraisal on the ground lease and a determination of a fair market rental value. If the Lessee elects to proceed with obtaining his own appraisal, said appraisal shall be completed in a reasonable time, and upon competition be provided to the Lessor. At that time, Lessor and Lessee shall meet and confer in order to negotiate a new rental amount for the ground lease based on the appraisals. If the parties are unable to come to an agreement after a reasonable time, the parties shall jointly retain a third appraiser to review the prior two appraisal and determine a binding ground lease fair market value rent. At such time, the rent shall be adjusted to either the negotiated rental value, or the fair market value determined by the third appraiser, as the case may be.
(d) Delinquent Rent.
If Lessee fails to pay the rent when due, Lessee will pay, in addition to the rents, ten percent (10%) of the delinquent rent per month from the date when due and payable under the terms of this Agreement until the same shall be paid. In the event that Lessor elects to pay said rent in annual installments, rent shall be considered delinquent if not paid within 15 days following the annual anniversary date of the execution of this agreement. In the event that Lessor elects to pay rent in monthly installments, rent shall be considered delinquent if not paid by the 10th day of each month.
Section 3.5 Holding Over.
Any holding over after the expiration of this Lease with the consent of Lessor shall be construed to be a tenancy from month to month at a monthly rental equal to one hundred twenty-five percent (125%) of the rental for the year immediately preceding the expiration of said term, and shall otherwise be on the terms and conditions herein in this Lease specified so far as applicable, except that there shall be no right to extend the term of this Lease.
ARTICLE 4 – AIRPORT USE RESTRICTIONS
Section 4.1 Lessor's Reservations.
(a) Utilities. Lessor reserves the right, upon reasonable prior notice to Lessee, 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, telegraph and electric power lines; and the appliances and appurtenances necessary or convenient in connection therewith, in, over, upon, through, across, under, and along any and all portions of the Premises. No right reserved by Lessor in this Subsection shall be so exercised as to interfere unreasonably with Lessee’s permitted use or operations hereunder or to impair the security or any secured creditor of Lessee. Lessor further agrees that rights granted to third parties by reason of this clause shall contain provisions that the Premises will 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 Premises by Lessee, the rental and other charges due hereunder shall be reduced in proportion to the interference with Lessee’s use of the Premises.
(b) Reservations in Gross. 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 Airport (save and except the Premises). (c) Other Federal Requirements. Lessee agrees that Lessee's use of the Premises, including any initial construction, all future construction, and any maintenance, repair, or modification of the Premises, will comply with all applicable Federal Aviation Regulations or other applicable federal statutes, regulations, or rules affecting airports or aviation as may now be in force or that may be hereafter adopted by any federal agency or instrumentality. This Subsection will be construed broadly to ensure compliance with applicable federal requirements. the interference with Lessee’s use of the Premises. (d) Lessor’s Rights. Lessor reserves the following rights:
(1) Nothing contained in this Agreement shall be construed, in any way, to limit the use of the Airport by Lessor, its Police Department, Fire Department, FAA, or other Agencies performing official duties at the Airport or others. (2) Lessor reserves the right to designate specific areas of the Airport to be used for specific purposes and/or engaging in specific activities. (3) Lessor reserves the right to develop and make any improvements,
repairs, restoration, or replacement on, at, or to the Airport it deems necessary. Lessor will provide advance notice of the date and time of such projects. Lessor shall not be obligated or required to reimburse or compensate Lessee, Sublessee, or any other entities for any cost and/or expense incurred, for any revenue lost, or for any inconvenience that may result from, arising out of, or be associated in any way with such projects. (4) Lessor (and its representatives, officers, officials, employees, agents, and volunteers) shall not be responsible for loss, injury, or damage to persons or property at the Airport resulting from, caused by, arising out of, or associated in any way with any acts of nature, natural disasters, or illegal activity. (5) During time of war or national emergency, Lessor shall have the right to enter into an agreement with the United States Government for military use of part or all of the Airport and its facilities. If any such agreement is executed, this Agreement or any other agreement between the Parties, insofar as the agreements may be inconsistent with the agreement between Lessor and the United States Government, shall be suspended, without any liability to Lessor.
(6) Lessor will not relinquish the right to take any action Lessor considers necessary to protect the aerial approaches of the Airport against obstruction or to prevent any person from erecting or permitting to be erected any facility or structure which might limit the usefulness of the Airport or constitute a hazard to aircraft. (7) Lessor will not waive any sovereign, governmental, or other immunity to which Lessor may be entitled nor shall any provision of this Agreement or any other agreement between the Parties be so construed.
(8) Lessor will not submit to the laws of any state other than those of the State.
(9) Lessor is under no obligation to obtain or provide financing or funding, make any improvements to the Airport, and/or facilitate any development proposed by Lessee or others.
(10) Lessor reserves the right to take such actions as it may deem necessary to protect the safety and security of the public. (11) Lessor shall have no responsibility or liability to furnish any services to Lessee, however Lessee may request the provision of services and if agreed upon, shall pay Lessor the amount of compensation agreed upon by the Parties. (12) Nothing contained in this Agreement shall be construed, in any way, as restricting or limiting the powers of Lessor to fully exercise its governmental functions and/or authority or fulfill its obligations under the Airport Sponsor Assurances (or any bond covenants) or comply with applicable Legal Requirements.
(e) Lessor’s Privileges. Lessor shall have the following privileges:
(1) Normal Access to the Leased Premises. Lessor shall have the right to enter in, upon, or under the Leased Premises at reasonable times, upon not less than twentyfour (24) hours prior notice to Lessee, for reasonable purposes (e.g., to ensure Lessee’s compliance with the terms and conditions of this Agreement including, but not limited to, Section 4.7. of this Agreement). Lessor may at any time during the last one hundred twenty (120) calendar days of the term of this Agreement place on or about the Leased Premises any ordinary “For Lease” signs, all without rebate of rent or liability to Lessee. (2) Emergency Access to the Leased Premises. Lessor shall have the right to enter the Leased Premises at any time in the event of an apparent or actual emergency (e.g., fire, flood, or failure of an Improvement or utility, etc.). (3) Performance of Acts. All acts performable under this Agreement by Lessor may, at the option of Lessor and without right of objection by Lessee, be performed by a representative of Lessor.
(4) Exercising Rights. No exercise of any rights reserved by Lessor shall be deemed or construed, in any way, as grounds for any abatement of rents, fees, or other charges nor serve as the basis for any claim or demand for damages of any nature whatsoever.
Section 4.2 Lessee’s Obligations.
(a) Conduct. Lessee shall be responsible for the conduct, demeanor, and appearance of its representatives, officers, agents, employees, guests, patrons, suppliers, vendors, invitees, contractors, subcontractors, sublessees, or any other entity on the Leased Premises. Lessee’s personnel shall: (a) be neat, clean, and courteous, (b) not conduct operations in an objectionable manner, and (c) shall wear suitable attire. Upon receipt of a complaint, Lessee shall act to immediately resolve the complaint. Lessee’s personnel shall cooperate with Lessor, its representative’s or Agencies in dealing with emergencies on the Leased Premises and at the Airport.
(b) Disturbances. Lessee shall conduct its authorized uses and Activities in an orderly and proper manner so as to not annoy, disturb, or interfere with others. Lessee agrees that it will not in any manner interfere with Aircraft operations or create a hazard to Aircraft, other lessees, or the public. Lessee shall prevent escape of hazardous fumes, odors, smoke, gas, or other hazardous substances from the Leased Premises (or cause or permit to be caused any act that would adversely affect the environment). (c) Costs, Expenses, and Other Charges. Lessee shall pay all other costs, expenses, and other charges of every kind and nature whatsoever relating to the Leased Premises and/or Lessee’s Activities during the term of this Agreement. (1) The costs of bringing utilities of gas, electricity, sewage, drainage, telephone and water to the Premises as may be necessary, shall be borne by Lessee. (2) Lessee shall install, connect and maintain, at Lessee’s sole cost and expense, all necessary utilities and utility facilities and services, including but not limited to
light, power, gas, telephone, water, sewage, drainage, garbage, rubbish and other disposal facilities and services. In addition to the rent hereinbefore reserved, Lessee shall pay for all water, gas, heat, light, power, telephone, sewage, garbage and rubbish disposal, and all other services supplied to the Premises.
(d) Based Aircraft Reporting. Lessee shall maintain and furnish on or before the 10th of January each year (or upon request of Lessor) a report identifying all Based Aircraft on the Leased Premises. The report shall identify the aircraft owner, contact information, registration number, year, make, and model of the Aircraft. Lessee shall immediately provide an updated report of any changes to the Based Aircraft report. (e) Business Status. Lessee shall notify Lessor immediately of any changes to Lessee’s business or corporate structure or status or if Lessee’s authorization to conduct business at the Airport, in the State, or in the United States will be (or has been) suspended or revoked.
(f) Special Events. Lessee shall not conduct or hold special events without obtaining (a) appropriate permits and approval from the Agencies having jurisdiction and (b) the prior written consent of Lessor.
Section 4.3 City of Salinas Regulations.
(a) PMCDs and Land Use Plan Incorporated. The Salinas Municipal Airport Rules and Regulations(the "Rules"), Airport Minimum Standards, and the Salinas Municipal Airport Land Use Plan (the "Land Use Plan"), as those documents may be amended or superseded from time to time, are incorporated into this Lease by this reference. Lessee will comply fully with the Rules, Airport Minimum Standards, and Lessee's use of the Premises will be consistent with the Land Use Plan.
(b) City of Salinas Municipal Code. Lessee agrees to comply with applicable provisions of the City of Salinas Municipal Code (the "City Code"), including but not limited to Chapter 4 (Public Property) and Chapter 37 (Zoning). Lessor agrees that the Premises are compliant with such provisions as of the date of this Lease. (c) Other Legal Requirements. Lessee further agrees to comply with all other applicable Legal Requirements, for the use of the Premises and all other portions of the Airport, including any rules and regulations established by the Salinas City Council, the Salinas Airport Commission, and the Salinas Airport Manager.
Section 4.4 Federal Requirements.
(b) Subordination to Federal Agreements. This Lease is subordinate to the provisions and requirements of any existing or future agreement between the Lessor and the United States of America, relative to the development, operation, or maintenance of the Airport.
(c) Non-Exclusive Right. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of 49 U.S.C. sections 40103 (e) and 47107(a)(4). (d) Nondiscrimination.
(1) The Lessee, its duly authorized representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that: no person on the grounds of race, color or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 C.F.R. Part 21 - Nondiscrimination in Federally Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964; 49 CFR Part 23 - Participation of Disadvantaged Business Enterprise in Airport Concessions; 49 CFR Part 26 - Participation By Disadvantaged Business Enterprises In Department Of Transportation Financial Assistance Programs and as said Regulations may be amended.
(2) The Lessee will furnish services on a reasonable and not unjustly discriminatory basis to all users, and charge 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.
(3) The Lessee assures that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This Provision obligates the Lessee or its transferee for the period during which Federal assistance is extended to the airport program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases, the Provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. (e) Height Restrictions. The Lessee by accepting this Lease agreement expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or building nor permit object of natural growth or other obstruction on the land leased hereunder above a height as determined by the application of the requirements of 14 C.F.R. Part 77. In the event the aforesaid covenants are breached, the owner reserves the right to enter upon the land hereunder and to remove the offending structure or object or cut the offending natural growth, all of which shall be at the expense of the Lessee. (f) FAA Form 7460-1, Notice of Construction or Alteration. The Lessee agrees to comply with the notification and review requirements of 14 C.F.R. Part 77 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 situated on the leased premises. This requires the submission of FAA Form 7460-1, Notice of Construction or Alteration to the FAA.
(g) Interference. The 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 operation of aircraft or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the owner reserves the right to enter upon the premises hereby Leased and cause the abatement of such interference at the expense of the Lessee. (h) Right of Flight. There is reserved to the Lessor, 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 Leased Premises. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through said airspace or landing at, taking off from, or operating on the airport premises.
(i) Development of Landing Area. The Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of the Lessee and without interference or hindrance. (j) Security. The Lessee will conform to airport and FAA safety and security rules and regulations regarding use of the airport operations area including runways, taxiways, aircraft aprons by vehicles, employees, customers, visitors, etc. in order to prevent security breaches and avoid aircraft incursions and vehicle/pedestrian deviations; will complete and pass airfield safe driving instruction program when offered or required by the airport; and will be subject to penalties as prescribed by the airport for violations of the airport safety and security requirements.
(k) Facility Repairs. 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, licensee, permittee, etc.) in this regard. (l) War or National Emergency. This Lease and all the provisions of it are subject to whatever right the United States of America has affecting the control, operation, regulation, and taking over of the Airport or the exclusive or non-exclusive use of the Airport by the United States of America during the time of war or national emergency.
ARTICLE 5 - OTHER COVENANTS
Section 5.1 Improvements.
(a) Application to Make Improvements. Prior to making any Improvements (including any alterations to existing Improvements, removal of existing Improvements, or construction of new Improvements) to the Leased Premises, Lessee shall submit to Lessor for its review and approval detailed plans, designs, and specifications, which shall be prepared by a registered architect and approved by a registered engineer, both licensed in the State. Said plans shall include cost estimates, a project schedule, and a list of the contractors selected by Lessee. If applicable, Lessee shall also complete and include FAA Form 7460-1 Notice of Proposed Construction Alterations.
(b) Written Consent. Lessee shall not make any Improvements to the Leased Premises without the prior written consent of Lessor.
(1) Any Improvements made to the Leased Premises without the prior written consent of Lessor may be removed by Lessor or Lessor may require, by written notice, that Lessee modify the Improvements to Lessor’s satisfaction. If Lessee fails to comply with such notice within thirty (30) calendar days, Lessor may affect the removal or modification of said Improvements and Lessee shall pay 125% of the costs and expenses thereof within thirty (30) calendar days upon receipt of an invoice from Lessor. (c) Schedule. Within ninety (90) calendar days of Lessor’s written consent, Lessee shall make Improvements in conformance with the City approved plans, designs, specifications, and schedule and any other terms and conditions of Lessor’s written consent.
(1) If the Improvements are not completed in accordance with the schedule (or Improvements have only been partially completed), at Lessor’s option, the Improvements that have been made may be removed or demolished by Lessor. (d) Compatibility and Compliance. Any Improvements made to the Leased Premises shall be:
(1) compatible with the Airport and associated airspace; (2) consistent with the Airport’s Master Plan, Layout Plan, and the Land Use Plan;
(3) in compliance with 14 CFR Part 77 Safe, Efficient Use, and Preservation of the Navigable Airspace; and
(4) in compliance with Section 3.4. of this Agreement.
(e) Permits. Lessee shall procure all required building, fire, safety, and other permits from federal, State, and local Agencies having jurisdiction. (f) Insurance. No Improvements shall be made to the Leased Premises until evidence of required insurance satisfactory to Lessor has been provided. Lessee shall be fully liable for any damages related to making any Improvements. (g) Liens. Lessee shall pay all claims lawfully made against it by its contractors, subcontractors, material men, and workmen, and all claims lawfully made against Lessee by other third persons resulting from, caused by, arising out of, or associated with the Improvements being made to the Leased Premises, and shall cause its contractors, subcontractors, material men, and workmen to pay all such claims lawfully made against them.
Lessee shall also pay all liens held by contractors, subcontractors, material men, and workmen and provide proof of payment to Lessor.
(1) Notwithstanding circumstances beyond Lessee’s control, all Improvements made to the Leased Premises shall be free and clear of liens, claims, or liability for labor or material.
(2) Nothing in this Agreement shall be construed, in any way, to constitute consent to the creation of any lien or claim against the Leased Premises or Lessor. (h) Indemnity for Claims. Lessee shall defend and indemnify Lessor against all claims, liabilities, and losses of any type arising out of making Improvements on the Leased Premises by Lessee, together with reasonable attorneys' fees and all costs and expenses reasonably incurred by Lessor in negotiating, settling, defending, or otherwise protecting against such claims.
(i) Assurance of Completion. Prior to the commencement of any alteration or construction expected to cost more than twenty-five thousand dollars ($25,000), Lessee shall furnish Lessor evidence that assures Lessor that sufficient funds will be available to complete the proposed Improvements being made to the Leased Premises. The amount of such assurance shall be at least the total estimated cost of Improvements. Evidence of such assurance shall take one of the forms set out below and shall guarantee Lessee’s full and faithful performance of all of the terms and conditions of this Agreement:
(1) completion bond;
(2) performance, labor and material bonds, supplied by Lessee’s contractor or contractors, provided the bonds are issued jointly to Lessee and Lessor;
(3) irrevocable letter of credit from a financial institution; (4) proof of cash or other liquid assets; or
(5) any combination of the above.
All bonds and letters of credit must be issued by a company qualified to do business in the State and be acceptable to Lessor. All bonds and letters of credit shall be in a form acceptable to Lessor, and shall insure faithful and full observance and performance by Lessee of all of the terms and conditions of this Agreement relating to the Improvements being made to the Leased Premises.
(j) Certificate of Inspection. Upon completion of the Improvements being made to the Leased Premises, Lessee shall submit to Lessor a Certificate of Inspection, verifying that the Improvements were completed in conformance with Title 24 of the California Code of Regulations for non-residential construction.
(k) As-Built Plans. Upon completion of the Improvements being made to the Leased Premises, Lessee shall provide to Lessor a complete set of reproducible as-built plans and specifications in digital computer-aided design (CAD) format reflecting actual alterations or construction within or upon the leased Premises.
(l) Reversion of Improvements. Unless otherwise stated in this Agreement, upon expiration or earlier termination of this Agreement, at Lessor’s option, the ownership of Improvements made to the Leased Premises shall revert (transfer) to Lessor or Lessee shall remove and/or demolish any and/or all Improvements (as designated by Lessor) and return the Leased Premises to its original condition and character, ordinary and reasonable wear and tear excepted.
Section 5.2 Maintenance and Repair.
(a) Lessee's Maintenance and Repair Obligations. Except as otherwise specifically provided in this Lease Agreement, Lessee shall be solely responsible for keeping the Premises clean and in good condition and repair, reasonable wear and tear excepted. Lessee shall, at its own cost and expense, be responsible to repair and maintain the entirety of all Tenant Improvements made to the Leased Premises.
Lessee shall maintain the Premise in an aesthetically pleasing manner, including without limitation removing weeds and debris on the Premise, replacing components that are broken or worn, refreshing painted surfaces associated with the Premise, ensuring the Premise is pest free, and preventing the accumulation of stored materials outside. Lessee will also be responsible for all damage or destruction of the Premises caused by any acts of Lessee or by Lessee's employees, agents, licenses, contractors, assignees, sublessees, guests, or invitees. (b) Lessor's Right to Cure; Additional Rents. If, in the opinion of the Lessor’s Airport Manager, the Premises are not being properly maintained, the Airport Manager shall, after giving written notice to Lessee and after a reasonable time to cure, cause such repair and maintenance to be made. The cost of such maintenance or repair will be added to the rent, and will be due immediately upon invoice.
Section 5.3 Signs.
Lessee may post such signs as necessary and usual in the conduct of its business in and upon the Premises. Location, size, shape, and copy of all signs will be in accordance with the City Code, and will be approved by Lessor's Airport Manager, Community Development Department, and Permit Center prior to installation. Subject to all requirements of the City Code and other applicable Legal Requirements, approval will not be withheld unreasonably.
Section 5.4 Liens and Claims.
(a) Possessory Interest. Lessee acknowledges that this lease may create a real property possessory interest subject to taxation. Without limiting Lessee's obligation pursuant to this Lease to pay taxes, assessments, property-related fees, and other charges and impositions associated with the Premises, payment of real property taxes levied on such possessory interest will be the sole responsibility of Lessee, with no right of offset of rent, charges, or other fees due under this Lease.
(b) No Liens. Lessee shall pay all taxes, assessments, property-related fees, and other charges and impositions that Lessee is obligated to pay under this Lease before the same becomes delinquent. Furthermore, Lessee will not permit or suffer any liens or encumbrances to be imposed upon the Premises, the Airport, or any building or structure thereon as a result of nonpayment of any obligation of Lessee. Neither will Lessee permit or suffer any lien, claim, or demand to be imposed upon the Premises, the Airport, or any building or structure thereon, arising from any work of construction, repair, restoration, or maintenance at or on the Premises (except liens, claims, or demands suffered by or arising from the actions of Lessor).
Should Lessee fail or refuse to pay any lien, claim, or demand arising out of the construction, repair, restoration, maintenance and use of the Premises and the buildings and improvements hereon, or any other claim charge or demand which Lessee has agreed to pay under the covenants of this Lease, Lessee or its authorized encumbrances, 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 free 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) days period, not pay 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.
(c) Payment Bonds. To ensure the completion of works of improvement and to protect the Premises from liens, prior to the commencement of any work related to the repair, restoration, or maintenance at or on the Premises, which exceeds Five Hundred Thousand Dollars ($500,000.00) in cost, Lessee shall furnish to Lessor's Airport Manager, at no cost to Lessor, payment bonds approved as to form by the Lessor's City Attorney in the full amount of the total cost of the contract or contracts for the contemplated work to be performed. (d) Contesting Charges. Notwithstanding anything to the contrary in this Section, with prior notice to Lessor, Lessee may contest any tax, assessment, fee, charge, imposition, claim, or demand for payment that may become a lien on Lessor's property if left unpaid, provided that nonpayment is permitted only during the pendency of any contest without the foreclosure of the lien or the imposition of any fine or penalty that could become a debt of Lessor. Lessee will prosecute any contest diligently, and will provide such security as may be requested by, and acceptable, to Lessor to hold Lessor and Lessor's property free from liability. (e) Payment by Lessor. If Lessee fails to pay any amount required by this Section to be paid by Lessee, Lessor will have the right, but not the duty, on five (5) days' prior written notice to Lessee, pay, discharge, or adjust such obligation for Lessee's benefit. On written demand from Lessor, Lessee will, as additional rent, reimburse Lessor within ten (10) days for the full amount expended by Lessor, together with interest from the date of payment at the
lesser of ten percent (10%) or the maximum amount allowed by law.
Section 5.5 Right to Assign or Transfer.
(a) Limitation on Assignment, Subleasing, Encumbrance, or Transfer. Lessee will not sublease the Premises or otherwise encumber, assign or transfer this Lease, or any right or interest herein, to any of the buildings and improvements on the Premises, without the prior written consent of the Lessor, which shall not be unreasonably withheld, and no such assignment, sublease 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.
(1) Lessee shall provide Lessor copy of written agreement between Lessee and Sublessee(s). The written agreement shall include the following provisions:
(A) Each Sublessee shall secure and maintain a Salinas Municipal Airport Use Permit and insurance coverage in types and amounts, and subject to such conditions, as specified in the Permit.
(B) Each Sublessee shall indemnify, hold harmless, and defend (with counsel reasonably acceptable to Lessor) the Released and Indemnified Parties against any and all claims, actions, causes of action, liabilities, costs (including reasonable attorneys' fees), expenses, liens, judgments, damages, or civil or administrative fines (collectively, "Claims") caused by Sublessee's use of the Premises, including, without limitation, Claims for property damage, personal injury, or wrongful death; provided, however, that Lessee's indemnification obligation does not extend to Claims arising out of the Released and Indemnified Parties gross negligence or willful misconduct. (b) Change in Control. The transfer, assignment, or hypothecation of any stock or interest in said entity, in the aggregate in excess of twenty-five percent (25%) will be deemed an assignment within the meaning of this Lease. The following transfers are excepted from the provisions of this Subsection:
(1) Transfer or assignment of stock or interest to a shareholder or member of Lessee or an entity controlled by, under common control with, or controlling Lessee, or pursuant to a merger or sale of all or substantially all of the assets of Lessee. (2) Transfer or assignment of stock or interest to a spouse, child, or grandchild of a shareholder, member, or partner, or to a trust for the benefit of the same. (c) Lessor's Option to Terminate. Notwithstanding any other provision in this Lease regarding default or termination, should Lessee attempt to make or suffer to be made any such encumbrance, assignment, sublease, or transfer in violation of this Section, or should any right or interest of Lessee hereunder or in or to the Premises be transferred or sold by or under court order or legal process, or otherwise, then any of the foregoing events will be deemed a breach of this Lease and thereupon Lessor may, at its option, terminate this Lease immediately by written notice 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, sublease, or transfer, such consent will not constitute a waiver of any of the restrictions of this Section, and the same will apply to each and every encumbrance, assignment, sublease, or transfer hereunder and shall be severally binding upon each and every encumbrancer, assignee, sublessee, transferee, and other successor in interest of Lessee.
(d) Grounds for Withholding Consent. It is agreed and understood that Lessor may
withhold Lessor's consent to any assignment, transfer, sublease, or encumbrance under the following circumstances:
(1) If a proposed assignee or sublessee will not covenant in writing to keep, perform, and be bound by each and all the covenants and conditions of this Lease, and to assume any previously accrued obligations hereunder.
(2) If Lessee is in default under this Lease at such time in any respect. (3) If construction, repair, or demolition of improvements on the Premises is in progress, or if said construction, repair, or demolishment is incomplete. (4) Until a determination has been made by Lessor that the assignee, transferee, or other successor in interest of Lessee can pay rent and operate in accordance with the standards required by Lessor.
(5) Lessor is not satisfied, in its sole and absolute discretion, that Lessee is willing and able to discharge any proposed encumbrance. (6) Any other reasonable basis.
(e) Incorporation of Lease; Effect of Assignment. Any document that purports to assign, sublease, transfer, or encumber the Premises or any part thereof, will incorporate directly or by reference all provisions of this Lease unless otherwise amended in writing. Upon any assignment or transfer approved by Lessor, Lessee will be relieved of any further obligations arising under this Lease after the effective date thereof.
Section 5.6 Encumbrances of Leasehold Interests.
(a) Subject to Section 4.7, Lessee may encumber Lessee’s interest in the Premises to secure a loan from a federally insured institutional lender to construct the Tenant Improvements and any Additional Improvements, provided the unpaid balance of any such loan will not at any time exceed $750,000.00 without the prior written consent of Lessor's City Council. Such encumbrance will be subject, however, to the following covenants and conditions:
(1) Any document evidencing the loan, or any security given for it must be filed with Lessor’s City Clerk within ten (10) days after its execution. (2) Except as otherwise provided in this Section, any instrument securing the loan will be subordinate to this Lease and Lessor's interests in the Premises, the Airport, and all improvements thereon. In the event of any conflict between the provisions of this Lease and the provisions of such security instrument, the provisions of this Lease will control, and any person acquiring any interest in the Premises by foreclosure, trustee's sale, or any similar remedy, will acquire that interest subject to Lessee's obligations under this Lease. (3) If Lessee elects to terminate this Lease pursuant to Section 6.5 in the case of any casualty, Lessee will be obligated disburse the proceeds of any insurance first to repay a loan secured by Lessee's interest in the Premises. The remaining proceeds, if any, will be paid to Lessor forsuch amounts, if any, due and owing to Lessor by Lessee under this Lease.
Thereafter, any proceeds remaining may be disbursed to Lessee. (b) To the extent that a loan secured by Lessee's interest in the Premises is reasonably necessary for Lessee to finance the Tenant Improvements and any Additional Improvements authorized by Lessor, and provided that the Lessor has approved such encumbrance pursuant to Section 4 and this Section, Lessor will not unreasonably withhold agreement to customary creditor protections, including by providing the lender notice and an opportunity to cure any breach of this Lease on Lessee's behalf prior to exercising any remedy hereunder that would threaten the lender's security.
Section 5.7 Right to Enter.
Lessor reserves the right by its officers, employees, agents, and contractors, to enter the Premises upon prior notice at reasonable times (except in cases of emergency), (i) for any reason otherwise authorized under this Lease, including as allowed in Section 3.1; (ii) to inspect the Premises and to ensure compliance with this Lease; (iii) in furtherance of any maintenance obligation of Lessor; (iv) to post notices, including notices of non-responsibility for improvements, alterations, or repairs if and when Lessor desires to do so; and (v) whenever reasonably necessary in the interest of public health or safety.
Section 5.8 Abandonment.
Lessee may not abandon, vacate, or surrender the Premises, except as otherwise provided in this Lease. In the case of any unauthorized abandonment, Lessor may reenter and relet the Premises. Mere failure to operate the Premises will not constitute abandonment provided the Lessee continues to maintain the Premises and pay all rent and other obligations hereunder.
Any belongings or other property left on the Premises following termination of this Lease or abandonment of the Premises will, at the option of Lessor, be deemed abandoned.
Section 5.9 Recording of Lease Forbidden.
Lessee will not record this Lease, or a memorandum or abstract of it, and will not cause or permit any other person to do the same on its behalf, without express written permission from Lessor's Airport Manager.
Section 5.10 Licenses and Permits.
Lessee has obtained or, will obtain at such time as may be necessary, each and every approval, license or permit as may be necessary to operate the Premises as contemplated hereunder.
ARTICLE 6 – RISK MANAGEMENT
Section 6.1 Indemnification.
Lessee will indemnify, hold harmless, and defend (with counsel reasonably acceptable to Lessor) the City of Salinas, its elected and appointed officials, officers, employees, representatives, volunteers, and agents (hereinafter collectively the “Released and Indemnified Parties”) Parties against any and all claims, actions, causes of action, liabilities, costs (including reasonable attorneys' fees), expenses, liens, judgments, damages, or civil or administrative fines (collectively, "Claims") caused by Lessee's use of the Premises, including, without limitation, Claims for property damage, personal injury, or wrongful death; provided, however, that Lessee's indemnification obligation does not extend to Claims arising out of the gross negligence or willful misconduct of the Released and Indemnified Parties.
Section 6.2 Insurance.
Lessee will provide insurance coverage in types and amounts and subject to such conditions as specified in Exhibit D – Insurance Requirements.
Section 6.3 Reporting Damage.
Lessee shall report any transaction or occurrence at or relating to the Premises for which Lessor may have significant exposure to liability. Such report will be made immediately by phone, and within one (1) business day in writing, to Lessor's Airport Manager or such other person as Lessor may designate in writing. The written report will describe the incident in reasonable detail, including a description of the nature of the damages and the identity and contact information (if available) of any witnesses. The report will also identify any insurance policy that may be available to cover the damage.
Section 6.4 Disclaimer and Release; ADA Notice.
(a) General Release.
(1) Lessee agrees that this is a commercial lease negotiated in good faith and that it was provided a reasonable opportunity prior to entering into this Agreement to inspect the Premises and to conduct such due diligence as it, in its discretion, has deemed appropriate.
Lessee accepts the Premises subject to and as provided in this Lease in its current "asis" condition, including all faults or defects, zoning conditions, or hazardous conditions known or unknown (if any). Lessor will not be liable to Lessee for, and Lessee hereby releases the Released and Indemnified Parties from any and all liability, whether in tort or in contract, for any injury, damage, or loss resulting from or attributable to the condition or status of the Premises.
Lessee hereby waives and agrees not to commence any action, legal or administrative proceeding, cause of action, or suit in law or equity, of whatever kind or nature, directly or indirectly against the Released Parties in connection with the Premises, this Lease or Lessee's use of the Premises pursuant to this Lease.
(2) Lessee, on its own behalf and of any other party claiming by or through Lessee, expressly waives the provisions of Civil Code Section 1542, which states:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Lessee's Initials:
(3) Lessee acknowledges that the release set forth above is an integral part of this Lease, and that Lessor would not have agreed to enter into this Lease without it. The release shall survive the expiration and termination of this Lease. (4) Notwithstanding anything to the contrary herein, this Subsection shall not be construed to hold Released and Indemnified Parties harmless for liability for the breach of this Lease or for intentional and active fraud, willful misconduct, or gross negligence. (b) Assumption of Risks and Waiver. Lessee assumes all risks associated with the use of the Airport and Premises for aviation purposes, including, without limitation, risks
(including without limitation any psychological risks) associated with noise, vibration, currents and other effects of air, illumination, and fuel consumption. Lessee expressly waives any and all claims whatsoever against the Released and Indemnified Parties arising in any manner out of the normal operation of the Airport as an airport, and waives any nuisance claim Lessee may have against another lessee or licensee of Airport property so long as the lessee or licensee is in full compliance with all applicable Legal Requirements, as well as with its lease or license. Lessees within the scope of the foregoing waiver are intended beneficiaries of the waiver.
Section 6.5 Hazardous Substances.
(a) Notice of Releases. Pursuant to Health and Safety Code Section 25359.7, Lessee will notify Lessor in writing within a reasonable time after Lessee obtains knowledge of any material release of hazardous substances and of any hazardous substances that have come to be located beneath the Airport.
(b) Removal of Hazards. Prior to the expiration of this Lease, Lessee will, at its sole expense, remove all items of personal property from the Premises, including but not limited to all flammable substances and hazardous materials and wastes (as defined by Legal Requirements) at the time of expiration of this Lease to the extent released or deposited by Lessee and to the extent the presence of which violates applicable Law. Lessee will have no liability or responsibility for removal of flammable substances or hazardous materials and wastes migrating to beneath the Leased Premises or existing prior to the Effective Date. (c) Availability of Records. 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 Premises.
(d) Compliance with Applicable Laws. Lessee shall comply with all Legal Requirements relating to hazardous materials and wastes it uses, stores, releases or discharges on the Premises during the term of this Lease and shall timely comply with the orders of any governmental agencies relating thereto. Lessee will be responsible for meeting current storm water pollution prevention best management practices, as identified by Lessor in Lessor’s Storm Water Pollution Prevention Plan, as it may be amended from time to time. Such practices include, without limitation:
(1) Providing a labeled and stocked spill kit on site;
(2) Proper storage and labeling of hazardous substances or components of potentially hazardous substances;
(3) Providing personnel with appropriate routine spill response training; (4) Keeping repair, construction, and maintained appropriately covered from wet weather;
(5) Making appropriate use of drip pans, dry cleanup models, and spill and overflow protection; and
(6) Removing pollutants offsite as necessary or appropriate.
Lessee understands and agrees that failure to comply with such best practices may result in Lessee no longer being included by Lessor in Lessor’s participation in the general permit of the California State Water Resources Control Board concerning storm water discharges. (e) Indemnification. Without limiting Lessee's indemnification obligations in any manner under this Lease, Lessee agrees to hold harmless, indemnify, and defend the Released and Indemnified Parties for any liability to the extent caused by Lessee's breach of this Section.
Section 6.6 Survival.
As provided for in applicable Legal Requirements, Lessee's duties under this Article survive the termination of this Lease.
ARTICLE 7 – DEFAULT AND TERMINATION
Section 7.1 Termination for Nonpayment of Rent or Other Charges.
Lessee’s failure to pay rent or any other charge due to Lessor under this Agreement within ten (10) days of the due date for such payment will constitute an Event of Default. Upon the occurrence of such Event of Default, Lessor will provide Lessee with written notice of the default. Unless the default is cured or waived within thirty (30) days of such notice, or unless the parties reach some other agreement in writing regarding payment of the amount due, the Lessor may take whatever action at law or in equity as may appear reasonably necessary to enforce performance or observance of any obligations, agreements, or covenants of the Lessee under this Lease, including without limitation, termination of this Lease. In the event of such default, the Lessor’s remedies shall be cumulative, and no remedy expressly provided for in this Lease, Article, or Section shall be deemed to exclude any other remedy allowed by law.
Section 7.2 Other Events of Default.
In the case of any Event of Default under this Lease other than as described in Section 6.1, Lessee will cure the default on thirty (30) days' written notice from Lessor; provided that if a cure cannot reasonably be accomplished within such time, Lessee will commence a cure within thirty (30) days, and will diligently pursue a cure as quickly as reasonably possible. If the default is not timely cured, the Lessor may take whatever action at law or in equity as may appear reasonably necessary to enforce performance or observance of any obligations, agreements, or covenants of the Lessee under this Lease, including without limitation, termination of this Lease. In the event of such default, the Lessor’s remedies shall be cumulative, and no remedy expressly provided for in this Section shall be deemed to exclude any other remedy allowed by law.
Section 7.3 Force Majeure.
(a) Termination by Lessor. Lessor may terminate this Lease, on such notice as is reasonable under the circumstances, due to an act of God, war, civil unrest, terrorism, the action of another government agency, or for otherwise for good cause not reasonably within Lessor's control, that would prevent Lessee's use of the Premises as contemplated under this Lease, and that gives rise to a need to regain possession of the Premises. Lessor will abate any rent due from Lessee accordingly and will pay Lessee the fair market value of the Tenant Improvements and any Additional Improvements constructed with Lessor's permission. (b) Termination by Lessee. If, due to an act of God, war, civil unrest, terrorism, the action of another government agency, or for otherwise for good cause not reasonably within Lessor's control, Lessee can no longer use the Premises as contemplated under this Lease, Lessee may, upon three (3) months' written notice, terminate this Lease. Lessor will abate Lessee's rent during such period of notice and will refund any prepaid rent for the period following termination but will otherwise have no liability for any damages to Lessee.
Section 7.4 Insolvency.
Insolvency by Lessee will constitute an Event of Default under this Lease. Insolvency includes any circumstance in which Lessee has, (i) made a general assignment for the benefit of creditors; (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by its creditors (provided that the filing of any involuntary petition in bankruptcy against Lessee will not constitute a breach of this lease unless and until there is an adjudication that Lessee is bankrupt); (iii) suffered the appointment of a receiver to take possession of all or substantially all of its assets; (iv) suffered the attachment or other judicial seizure of all or substantially all of its assets; (v) admitted in writing it inability to pay its debts as they come due; or (vi) made an offer of settlement, extension or composition to its creditors generally.
Section 7.5 Casualty.
(a) Lessor's Right to Restore. If the Premises are totally or partially damaged or destroyed by fire, earthquake, or other casualty, Lessor will have the right, but not the obligation, to restore the Premises by repair or rebuilding. Lessor will not be obligated to repair or restore any alterations, additions, fixtures, equipment, or improvements which Lessee has installed to the Premises. The Lessor will provide the Lessee with a written notice within thirty (30) days following the date of such damage stating whether the Lessor has elected to terminate this Lease or to repair the Premises. If Lessor fails to provide such timely notice, Lessee may terminate this Lease upon ten (10) days' prior written notice. If Lessor provides such timely notice and elects to repair or rebuild, and thereafter is able to commence such restoration within ninety (90) days from the date of damage, and can demonstrate that the Premises can be restored within 180 days, this Lease shall remain in full force and effect. If Lessor is unable to restore the Leased Premises within this time, or if Lessor elects not to restore, then either party may terminate this Lease by giving the other written notice. Upon such election to terminate, the rent under this Lease will be due and payable only through the date of damage. If this Lease is not terminated, the rent due and payable under this Lease will be abated or reduced to the extent that the damage interferes with Lessee's reasonable use of the Premises until such portion of the Premises is restored. (b) Lessee's Right to Terminate. Notwithstanding the provisions of Subsection (a), if the Premises are so damaged, or the Lessor substantially restricts the use of the airport as an airport for reasons beyond the control of the Lessor as to materially and adversely affect Lessee's ability to conduct its normal business operations, as reasonably determined by Lessee, Lessee will have the right at its option to terminate the Lease upon written notice to Lessor given within thirty (30) days following the date of such damage and rent under this Lease will be due and payable only through the date that such notice is given. (c) No Obligation to Restore. If Lessor elects to repair and restore, Lessor will restore the Premises to substantially its condition to that prior to the occurrence or damage, provided that Lessor will not be obligated to repair or restore any alterations, additions, fixtures, equipment or improvements which have been installed by Lessee, whether or not Lessee has the right or obligation to remove the same or is required to leave the same on the Premises as of the expiration or earlier termination of this Lease, unless Lessee, in a manner satisfactory to Lessor, assures payment in full of all costs as may be incurred by Lessor in connection therewith. If there be any such alterations, fixtures, additions equipment or improvements installed by Lessee and Lessee does not assure or agree to assure payment of all cost of restoration or repair as aforesaid, Lessor will have the right to determine the manner in
which the Premises will be restored so as to be substantially as the Premises existed prior to the damage occurring of this Lease, as if such alterations, additions, fixtures, equipment or improvements installed by Lessee had not then been made or installed. (d) No Liability for Loss or Interruption of Business. In no event will Lessor be responsible for any loss or interruption to Lessee’s business caused by damage or destruction to the Premises or during the repair or reconstruction thereof regardless of the cause of damage or
destruction or the extent of insurance coverage. The parties agree that the rights and obligation of the parties in the event of damage or destruction of the Premises will be governed by this Lease.
Section 7.6 Eminent Domain.
This Lease will terminate automatically if the entire Premises are acquired by eminent domain or sale in lieu of eminent domain. All compensation for the Premises will be payable to Lessor, except that Lessee will have the right to make a claim to the public agency acquiring the property for compensation for its Tenant Improvements and Additional Improvements, relocation expenses, and business losses, as allowed by law. If only a portion of the Premises is acquired by eminent domain or sale in lieu of eminent domain, Lessee may terminate this Lease on thirty (30) days prior written notice; provided that termination will be effective only after Lessee pays any rent, taxes, assessments, property related fees, or other charges due and owing to the date of the termination. Any compensation which would otherwise be payable to Lessee may be paid directly to any encumbrancer of Lessee's leasehold interest to the extent of such encumbrance.
Section 7.7 Airport Development
(a) Future Expansion. In the event Lessor should require the Premises in connection with the future expansion and/or operation of the Airport, Lessor may, upon six (6) months’ written notice, terminate this Lease.
(b) Lessee’s Inability to Use Leasehold Due to Development. 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; 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, regulation, rule, order, judicial decision or ordinance should come into effect, the terms of which so restrict the use to which the Premises can be put that Lessee is unable to use the Premises in the manner contemplated herein, 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 canceled under the provisions of this section, Lessor shall pay 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 purchase cost of the Improvements and construction cost of the Additional Improvements that are considered fixtures under the rules of fixtures, expounded in Section 1013 and 1019 of the Civil Code of California. Fixtures include buildings, floor slabs, foundations, and paving. The fair market value of Lessee’s interest shall be determined in accordance with appraisal procedures delineated in Section 4 herein.
Section 7.8 Remedies Cumulative.
Remedies provided under this Article for any Event of Default are cumulative with any other remedy that may be available to either party at law or in equity. For greater clarity, a termination resulting from Force Majeure, casualty, or eminent domain will be deemed a nofault termination, and not an Event of Default, and remedies therefore will be limited as provided in this Article.
Section 7.9 Lease Termination.
At the expiration or early termination of this Lease, Lessee shall surrender the Premises to Lessor in the condition required by this Lease. Prior to surrender: (a) Lessee shall remove all alterations and Tenant Improvements designated by Lessor to be removed and shall restore the Premises to the condition existing immediately prior to the installation of such alterations and Tenant Improvements; (b) Lessee shall remove all personal property and trade fixtures from the Premises and all of its signs from the Premises; and (c) Lessee shall repair all damage caused by the installation or removal of any such alterations, Tenant Improvements, personal property, signage or trade fixtures. Lessee shall deliver the Premises to Lessor in “clean and in good condition,” subject to reasonable wear and tear (consistent with Lessee’s repair and maintenance obligations under this Lease) and damage by casualty that is not required to be repaired by Lessee pursuant to this Lease. Clean and good condition, for the purposes of this Lease shall include the following: the floor to be mop clean, windows cleaned inside and out, broken, cracked, or missing windows repaired or replaced; all light fixtures and bulbs in operating conditions; walls are clean and free of stains, holes or other markings on wall and floors as a result of business operations are repaired; all doors are in good mechanical operating condition, carpets are cleaned, roof leaks are repaired; fencing is in good condition; building shall be fumigated for pests or Lessee in-lieu of fumigating the building Lessee can demonstrate through receipts participation in regular pest control; and water fixtures and valves are leak-free and operable. Electrical outlets and breaker boxes shall have appropriate covers/lids. Lessee shall be responsible for ensuring the Tenant Improvements are surrendered to the City in a state of condition that does not present a safety hazard.
ARTICLE 8 – MISCELLANEOUS PROVISIONS
Section 8.1 Reservations
(a) The 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, telegraph 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 Premises. No right reserved by Lessor in this clause shall be so exercised as to interfere unreasonably with Lessee’s permitted use or 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 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 Premises by Lessee, the rental shall be reduced in proportion to the interference with Lessee’s use of the 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 to Lessee’s permitted use or operations hereunder or to impair the security or any secured creditor of Lessee.
(d) Lessor reserves the right to market and promote the airport as it sees fit, regardless of the desires or views of the Lessee, and without interference. Lessor reserves the right to temporarily close portions or amend in their entirety for safety, construction, maintenance, or other activities as it sees fit. Lessee shall not seek damages from Lessor for loss of use from facilities, business, or any other reason thereon in connection with temporary closures.
(e) 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.
(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 Premises, any improvements which may be made thereon, and Lessee’s leasehold or other interest therein and Lessee’s use, occupancy or enjoyment thereof):
a. An avigation easement over and laterally adjacent to the Premises and any improvements which may be made thereon, including but not limited to the easement and right to fly, or cause or permit flight by any person of, any aircraft of and all kinds now or hereafter know, in, through, across or about any portion of said super adjacent air space and any air space laterally adjacent thereto; and
b. 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 which may arise or occur:
i. from or during the use of said avigation easement and such flight as is described in subsection H.1. hereinabove, or
ii. 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.
c. 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 Premises herein described).
(i) Lessor reserves the right to temporarily close portions or amend in its entirety for safety, construction, maintenance or other activities as it sees fit. Lessor shall provide Lessee with an abatement of rent for the period of time where Lessee does not have access to the Premises due to a loss of use from facilities, business, or any other reason thereon in connection with temporary closures.
Section 8.2 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 and customers, 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.
Section 8.3 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 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.
Section 8.4 Co-Ordinates
Co-ordinates used in the description in this lease are based upon the “Horizontal Control Net California Plan Co-ordinates, Zone 4,” for the City of Salinas, on file in the office of the City Engineer of the City of Salinas.
Section 8.5 No Waiver Of Rights
The waiver by Lessor of any breach of any term, covenant or condition contained in this lease shall not be deemed to be a waiver of such term, covenant or condition in any subsequent breach of the same or any other term, covenant or condition; and the consent or approval by Lessor to or of any act by Lessee requiring Lessor’s consent or approval shall not be deemed to waive or render unnecessary Lessor’s consent or approval to or of any subsequent similar acts by Lessee, and the subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition
other than the failure of Lessee to pay the particular rent so accepted, regardless of Lessor’s knowledge of such preceding breach at the time of acceptance of such rent.
Section 8.6 Litigation Involving Lease
In the event Lessor is made a party to any litigation concerning this Lease or the 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 for an unlawful detainer of said premises, for the recovery of any rent due under the provisions of this Lease, or because of the breach of any other covenant or provision herein contained on the part of Lessee to be kept or performed, and Lessor prevails therein, Lessee shall pay to Lessor reasonable attorney’s fees, which shall be fixed by the court.
Section 8.7 Lessee’s Assumption And Waiver
This Lease is made upon the express condition, and (in consideration of Lessor’s leasing the Premises as herein provided) Lessee covenants, that Lessee hereby voluntarily assumes all risk of loss, damage or injury to the person or property of Lessee (including the leasehold interest of Lessee herein), and of its agents or employees, and of any other person in or about the Premises, which during the term of this Lease may be caused by or arise or occur in any manner from:
A. Flight of any aircraft of any and all kinds now or hereafter known in, through, across, around, or about any portion of the airspace over the Premises; or
B. Noise, vibration, currents and other effects of air, illumination and fuel consumption, or fear thereof, arising or occurring from or during such flight, or from or during the use by such aircraft of Salinas Municipal Airport facilities, including but not limited to landing, storage, repair, maintenance, operation, warm-up, and take-off of such aircraft, and the approach and departure of aircraft to or from said Airport.
Lessee hereby waives and releases Lessor, its officers, employees, agents and contractors, from any and all claims or causes of action which it may now or hereafter have against Lessor, its officers, employees, agents or contractors, for any loss, damage or injury as outlined in subsections A and B of this paragraph except to the extent arising from the negligence or willful misconduct of Lessor. Nothing in this Section shall be construed to be a waiver or release of any claims or causes of action against any third party for any loss, damage or injury arising from such third party’s negligent acts or omissions.
Section 8.8 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.
Section 8.9 Time
Time is and shall be of the essence of each term and provision of this Lease.
Section 8.10 Material Breach
Each and every term, condition, covenant and provision of this Lease is and shall be deemed to be a material part of the consideration for Lessor’s entry into this Lease, and any breach hereof by Lessee shall be deemed to be a material breach.
Section 8.11 Notices
Except as is otherwise herein provided, all notices, statements, demands, requests, consents, approvals, authorizations, offers, 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
342 Airport Boulevard
Salinas, CA 93905
or to such other place as Lessor may by such similar notice in writing designate.
If to Lessee, the same shall be addressed to:
Advancetech Aircraft Maintenance, Inc.
1605 Moffett Street
Salinas, CA 93905
or to such other place as Lessee may by such similar notice in writing designate.
Section 8.12 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 hereto shall be jointly and severally liable hereunder
Section 8.13 Headings
The various section headings and numbers herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
Section 8.14 Severability
If any term, 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.
Section 8.15 Counterparts
This Lease may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
Section 8.16 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.
Section 8.17 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.
Section 8.18 Integration And Agreement
This Lease represents the entire understanding of City and Lessee 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. This Lease may not be modified or altered except by amendment in writing signed by both parties.
Section 8.19 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 or in the appropriate federal court with jurisdiction over the matter.
IN WITNESS WHEREOF, the parties hereto have made and executed this Lease on the date first written above.
CITY OF SALINAS ADVANCETECH
AIRCRAFT MAINTENANCE, INC.
______________________________ ____________________________ Kimbley Craig By: Bruce Pittenger
Mayor Its: C.E.O.
APPROVED AS TO FORM:
______________________________
Christopher A. Callihan
City Attorney
RECOMMENDED FOR APPROVAL:
________________________________
Matt Nelson
Airport Manager
EXHIBIT A
Depiction of the Premises
EXHIBIT B
Permitted Uses of the Premises
This Lease is made for the purpose of allowing Lessee use of the Premises and for granting to Lessee certain non-exclusive rights and privileges for use of which are more specifically described below:
a. Landscaping of lands and property; a corporate office for administration of Lessee’s aircraft maintenance business; and a hangar for storage, repairs and maintenance of owned, leased, and non-owned single and multi-engine aircraft for compensation, storage of non-owned aircraft for compensation, and/or aircraft allowed under this Lease; and storage, repairs and maintenance of Lessee owned vehicles, trailers, equipment, supplies and materials used in the operation of Lessee’s aircraft maintenance business.
b. Only as specifically authorized by local ordinance, including the Salinas Zoning Code, or state or federal law, performing repairs and maintenance on aircraft and owned vehicles, trailers, equipment, supplies and materials. As used in this subparagraph the term “Maintenance” shall be defined as “repair limited to exchange of parts and maintenance requiring no open flame welding or the use of Class I or II liquids,” so as to comply with the provisions of the Uniform Building Code, Chapter 7 and California Administrative Code Title 24.
c. Lessee shall not use the Premises, or any part thereof, or permit them to be used for any purpose or purposes other than for the uses described above herein. Maintenance shall only be allowed on aircraft owned and non-owned single and multi-engine aircraft by Lessee and Lessee’s customers and stored within the Improvements. Such maintenance shall be restricted to that allowed under the Salinas City Code for the rating of the structure approved under Lessor’s permitting process. Lessee shall not do or permit to be done upon the Premises any act or thing which constitutes a nuisance or which may disturb the quiet enjoyment of the City, of any tenant of the City, or private businesses on adjacent land or neighboring property. Lessee further agrees, within 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 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. d. Storage of ancillary items, including without limitation, automobiles, watercraft and other vehicles shall be allowed within the Improvements, subject to Airport Rules and Regulations, as long as the Improvements are primarily used for the storage of aircraft.
EXHIBIT C
Reserved
EXHIBIT D
Insurance Requirements
A. Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Lessee shall maintain fire legal liability insurance on the leased property with extended coverage and debris-cleanup provisions in an amount not less than $1,000,000, and in any event that covers at least ninety percent (90%) of the actual cash value of all Improvements, Additional Improvements, and betterments in or on the Premises. Products and completed operations coverage is not required provided that Lessee remains a holding company and does not engage in manufacturing or providing other services. Lessee is required to maintain employment practices coverage if it has or acquires any employees.
2. Workers’ Compensation: Workers’ Compensation insurance, if applicable due to Lessee having or acquiring employees, as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per incident for bodily injury or disease.
3. Personal Property: Property insurance against all risk of loss to any Lessee-owned or controlled property, including, without limitation, personal property at full replacement cost with no coinsurance penalty provision and naming City of Salinas as a loss payee for the Improvements, Additional Improvements, and betterments. Any fire legal liability coverage maintained shall also name the City of Salinas as additional insured or as loss payee.
4. Automobile Liability: Insurance for any Lessee-owned or hired automobiles, and non-owned automobiles, with $1,000,000 each occurrence for bodily injury and property damage. (This is required if Lessee is permitted to drive vehicles on any airport airside locations.)
5. Hangar-Keepers Liability: This is required, if the owner has any aircraft of others in their care, custody, and/or control (such as storing a friend’s aircraft, managing a client’s aircraft, or etc.) $1,000,000 each occurrence.
B. Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain, the following provisions:
(1) Additional Insured Endorsement - The liability policies shall include the City of Salinas, its elected and appointed officials, officers, employees, representatives, volunteers, and agents (hereinafter collectively the “City”) as Additionally Insured via endorsement.
(2) Waiver of Subrogation Endorsement - Lessee hereby grants to City of Salinas a waiver of subrogation which any insurer may acquire against City of Salinas, its officers, officials, employees, and volunteers, from Lessee by virtue of the payment of any loss. Lessee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City of Salinas has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Lessee, its employees, agents, and subcontractors. (3) Primary and Non-contributing Coverage - All required insurance policies and all renewals thereof shall be primary and non-contributing; the required insurance policy shall be primary over any other insurance, deductible, or self-insurance maintained by the City and non-contributory with respect to the City.
(4) Cancellation - Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (5) Broader Coverage/Higher Limits - If the Lessee or Permit Holder maintains broader coverage and/or higher limits than the minimums shown above, the Lessee or Permit Holder requires and shall be entitled to the broader coverage and/or higher limits maintained by the Lessee or Permit Holder. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (6) Acceptability of Insurers - Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
(7) Verification of Coverage – Lessee or Permit Holder shall furnish the City with original Certificates of Insurance including an additional insured endorsement and all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Pages of the liability policies listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Permit Holder’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
(8) Special Risk or Circumstances - City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
(9) Self-Insured Retentions - Self-insured retentions must be declared to and approved by the City of Salinas. At the option of the City, the Lessee shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Lessee shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense
expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Salinas. (10) Sublessees, Contractors, and Subcontractors - Lessee shall require all sublessees, contractors, and subcontractors who perform work on the Premises to maintain general liability insurance in an amount of no less than $1 million combined single limit per occurrence which complies with all of the provisions in this Insurance section above, including providing an additional insured endorsement in favor of the City, and Lessee shall provide City with copies of such insurance certificates and endorsements at the initiation of any sublease between Lessee and a sublessee as well as upon request by the City.
Furthermore, before commencing or allowing commencement of any work of improvement, Lessee shall ensure that all of its employees and/or all employees of any sublessees, contractors and subcontractors, are covered by workers’ compensation insurance.
EXHIBIT E
Reserved
LEGEND
WCATE5
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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-577, Version: 1
2025 City Council Meeting Calendar
Approve the 2025 City Council Meeting Calendar.
City of Salinas Page 1 of 1 Printed on 10/3/2024
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: OCTOBER 8, 2024
DEPARTMENT: ADMINISTRATION
FROM: RENÉ MENDEZ, CITY MANAGER
BY: ALEXIS MEJIA, ASSISTANT CITY CLERK
TITLE: 2025 CITY COUNCIL MEETING CALENDAR
RECOMMENDED MOTION:
A motion to approve the City Council meeting calendar for 2025.
RECOMMENDATION:
Staff recommends that the City Council approve the 2025 City Council meeting calendar to assist with the scheduling of City Council meetings.
BACKGROUND:
The Municipal Code states that City Council meetings will be held on Tuesdays [Municipal Code section 2-01.01]. The proposed schedule for 2025 staggers meetings to allow adequate time for report preparation and review. As in past years, the calendar includes breaks for holidays, vacations, and conferences. Meetings would not be held on the Tuesdays that have been outlined on the attached draft calendar.
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
CALIFORNIA GOVERNMENT CODE §84308 APPLIES:
No.
STRATEGIC PLAN INITIATIVE:
The City Council calendar supports the Council Goal of “Operational Efficiencies”.
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DEPARTMENTAL COORDINATION:
The City Clerk’s Office is responsible for recommending a meeting calendar that supports all City Departments with direction from the City Manager.
FISCAL AND SUSTAINABILITY IMPACT:
There is no direct fiscal and sustainability impact.
Fund Appropriation Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)
N/A N/A N/A N/A N/A N/A N/A
ATTACHMENTS:
Salinas City Council 2025 Meeting Calendar
2025 Conference Schedule
The City of Salinas will not meet on: Strategic Planning Session:
January 7, 21 July 8, 15, 22, 29 – SUMMER RECESS February 22 February 4, 18 August 5, 19
March 4, 18 September 2, 16, 30 Study Session:
April 1, 15, 29 October 14, 28 May 20 - BUDGET
May 27 November 11, 25
June 10, 24 December 16, 23, 30 – HOLIDAY RECESS
2025 COUNCIL MEETING CALENDAR
January
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
February
S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28
March
S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
April
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
May
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
June
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
July
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
August
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 September
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
October
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
November
S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 December
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
2025 Conference Schedule
LEAGUE OF CAL CITIES
New Mayor and Council Members: January 22-24 or 29-31
City Managers Conference: February 5-7
City Attorneys Spring Conference: May 7-9
City Clerks New Law and Elections Seminar: TBD
CITY CLERKS ASSOCIATION OF CALIFORNIA
City Clerks Annual Conference: April 30 – May 2
INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION
Annual Conference: September 21-25
NATIONAL LEAGUE OF CITIES
Congressional City Conference: March 10-12
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-567, Version: 1
a. Public Employee Performance Evaluation - California Government Code section 54957(b), City Attorney.
b. Labor Negotiations - California Government Code Section §54957.6 with its designated labor representatives Rene Mendez, City Manager; Christopher A. Callihan, City Attorney; Katherine Hogan, Assistant City Attorney; Selina Andrews, Finance Director; Marina Horta-Gallegos, Human Resources Director; Sylvia Enriquez, Human Resources Manager; and Che Johnson, Liebert Cassidy Whitmore, regarding labor relations with Service Employees International Union (SEIU), SEIU Supervisors, Salinas Municipal Employees Association/SEIU, Association of Management Personnel, Police Officers Association, Police Management Association, International Association of Firefighters, Fire Supervisors Association, Confidential Non-Management Employees, Confidential Management Employees, and Department Directors.
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