HomeMy WebLinkAboutReso 92-318 - Approve the sub-sublease agreement dated 07/02/92 entered into between International Air Serv Co and Green Mtn upholstery & Aviation as Sub-Sublesses and approved by Shasta Ent I p
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE FOLLOWING DOCUMENTATION PERTAINING TO THE
"SHASTA ENTERPRISES FACILITIES" AT THE REDDING MUNICIPAL
AIRPORT:
SUB-SUBLEASE AGREEMENT [OF A PORTION OF THE
FACILITIES] DATED JULY 2, 1992, ENTERED INTO
BETWEEN INTERNATIONAL AIR SERVICE COMPANY, LTD. ,
A CALIFORNIA CORPORATION, AS SUB-SUBLESSOR, AND
GREEN MOUNTAIN UPHOLSTERY & AVIATION, A SOLE
PROPRIETORSHIP, AS SUB-SUBLESSEE, AND APPROVED BY
SHASTA ENTERPRISES.
WHEREAS, Shasta Enterprises, a General Partnership, subleased
its facilities (Premises) at the Redding Municipal Airport to
International Air Service, Company, Ltd. (IASCO) ; and
WHEREAS, IASCO has entered into a Sub-Sublease Agreement of a
portion of the Premises with Green Mountain Upholstery & Aviation, a
true copy of which is attached hereto and incorporated herein by
reference; and
WHEREAS, said Sub-Sublease has been approved by Shasta
Enterprises and is presented herewith for City Council approval, as
required in the documents and contractual obligations entered into
between the City of Redding and Shasta Enterprises;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Redding as follows:
1 . That the City of Redding hereby consents to International
Air Services Company, Ltd. (IASCO) subletting a portion of the
Premises to Green Mountain Upholstery & Aviation, upon the terms and
conditions set forth in the month-to-month Sub-Sublease attached
hereto and incorporated herein; PROVIDED, however, that:
a. the consent by the City of Redding to said sub-subletting
shall in no way release Shasta Enterprises and IASCO from n
their respective liability under their documentation and
contractual obligations with the City of Redding; and
b. the City of Redding shall have all rights against Shasta
Enterprises, IASCO, and Green Mountain Upholstery &
Aviation in the event of a default under said documents and
contractual obligations as the City would have had in the
event it had not consented to the Sub-Sublease between
IASCO and Green Mountain Upholstery & Aviation.
2 . That the Mayor of the City of Redding is hereby authorized
and directed to sign the Sub-Sublease dated July 2 , 1992 , between the
International Air Service Company, Ltd. and Green Mountain Upholstery
& Aviation, a copy of which is attached hereto; and the City Clerk is
hereby authorized and directed to attest the signature of the Mayor
and to impress the official seal of the City of Redding thereto.
I HEREBY CERTIFY that the foregoing Resolution was introduced
and .read at a regular meeting of the City Council of the City of
Redding on the 21st day of July, 1992, and was duly adopted at said
meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Arness, Dahl, Kehoe & Moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
CHARLIE MOSS, Mayor
City of Redding
A ST: i FORM PPROVED:
COt
CONNIE STROHMAYER, CAY ,
Clerk RA6DALL A. HAYS, Lty Attorney
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SUB-SUBLEASE AGREEMENT
This Sub-Sublease Agreement is made and entered into this
day of July 2, 1992, by and between INTERNATIONAL AIR SERVICE
li COMPANY, LTD. , a California corporation, hereinafter referred to
as "Sub-Sublessor, " having an address at 3775 Flight Avenue,
Redding, CA 96002 and GREEN MOUNTAIN UPHOLSTERY & AVIATION, a
;j sole proprietorship, hereinafter referred to as "Sub-Sublessee, "
having an address at Suite A, 3775 Flight Avenue, Redding CA
96002 .
RECITALS
WHEREAS, Sub-Sublessor entered into a sublease referred to
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as the Lease Agreement dated October 20, 1990 by and between
Shasta Enterprises ("Shasta") , as sublessor and Sub-Sublessor, as
sublessee.
WHEREAS, Shasta is the lessee of certain real property by
assignment of that certain Lease A Agreement dated November 5,
1979, Lease B Agreement dated November 5, 1979 and Modification
to Lease Agreement dated March 17, 1986, as further amended by
i the Second Modification of Lease Agreement dated November 27,
1990 hereinafter collectively referred to as the "Documents, "
entered into by the City of Redding for the purposes of
authorizing certain fixed base operation activities;
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WHEREAS, Sub-Sublessor desires to sub-sublease certain of
the above-referenced real property, hereinafter referred to as
the Premises and further described below to Sub-Sublessee
pursuant to the terms and conditions hereinafter set forth;
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WHEREAS, Sub-Sublessee desires to sub-sublease the Premises
from Sub-Sublessor upon the terms and conditions hereinafter set
'I forth; and
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WHEREAS, Sub-Sublessor and Sub-Sublessee intend to obtain
the prior written approval of Shasta and the City of Redding,
i which is required pursuant to the Documents.
AGREEMENT
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NOW THEREFORE, in consideration of the foregoing premises
and the mutual covenants and conditions contained herein, the
parties hereto do hereby agree as follows:
PREMISES
1 . Sub-Sublessor hereby leases to Sub-Sublessee and Sub-
Sublessee hereby agrees to lease from Sub-Sublessor, the
following: approximately 1,200 square feet of commercial
space, designated Suite A and located on the second floor, -
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southwest corner of the maintenance hangar located at 3775
Flight Avenue, Redding, California, more specifically
described on Exhibit A, attached hereto (hereinafter
referred to as the "Premises") .
TERM OF SUB-SUBLEASE
2. This Sub-Sublease shall be for term of month-to-month,
'i commencing on August 1, 1992 (the "Commencement Date") ,
pursuant to the provisions of this Sub-Sublease.
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3 . Sub-Sublessee agrees to pay to Sub-Sublessor, on or before
the first day of each month during the term of this
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Sub-Sublease, the amount of Seven Hundred Fifty Dollars
II ($750 .00) , except that the rent due on August 1 and September 1
shall be Five Hundred and Eighty Dollars ($580.00) . Sub-
Sublessee shall pay rent at the office of Sub-Sublessor at 3775
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Flight Avenue, Redding, California, or at any other place or
places as Sub-Sublessor may from time to time may designate.
SECURITY DEPOSIT
4 . Sub-Sublessee shall deposit with Sub-Sublessor on or before the
Commencement Date, the amount of Seven Hundred Fifty Dollars
($750 .00) , as security for the full and faithful performance by
Sub-Sublessee of the terms, conditions and covenants of this
Sub-Sublease. If, at any time during the term of this Sub-
Sublease, Sub-Sublessee defaults in the payment of rent or any
portion of rent, or Sub-Sublessee or its employees damage the
Premises through the lack of ordinary care or otherwise, than
;i Sub-Sublessor may appropriate and apply any portion of the
'I security deposit reasonably necessary to remedy any such default
hereunder. Sub-Sublessor may commingle the security deposit
.with other funds of Sub-Sublessor. Sub-Sublessor shall return
to Sub-Sublessee, not later than thirty (30) days from the date
Sub-Sublessor receives possession of the Premises, the portion
of the security deposit remaining after any deductions
itauthorized by this Sub-Sublease or otherwise by applicable law.
PERMITTED USE
5. During the term of this Sub-Sublease, the Premises shall be used
for the exclusive purpose of operating and conducting a
reupholstery service for helicopters and fixed-wing aircraft
which shall include the manufacture of exterior body covers,
l� sale of related helicopter and aircraft parts, nets, lifting
devices, rescue systems and other products related to fire
control . Sub-Sublessee shall not use or permit the Premises
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to be used for any other purposes, without the prior written
consent of Sub-Sublessor.
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INSURMCE BASARDS
6. Sub-Sublessee shall not commit or permit a commission of any
acts on the Premises, nor use or permit the use of the
Premises in a manner that will increase the existing rates
for and cause the cancellation of any fire, liability, or
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other insurance policy insuring the Premises thereon . Sub-
Sublessee shall, at its cost and expense, comply with any
and all requirements of Sub-Sublessor's insurance carriers
necessary for the continued maintenance at reasonable rates
1 of fire and liability insurance policies on the Premises and
the improvement thereon .
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,i COMPLIANCE WITH LAWS
7. Sub-Sublessee shall, at Sub-Sublessee's own cost and
expense, comply with all statutes, ordinances, regulations
j and requirements of governmental entities, including, but
not limited to, federal, state, county, and municipal laws
relating to Sub-Sublessee's use and occupancy of the
Premises, whether or not those statues, ordinances,
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regulations and requirements are now in force or are
subsequently enacted. Any violation of such statute,
ordinance, regulation or requirement shall be conclusive
grounds for termination of this Sub-Sublease.
UTILITIES AND TAXES
S. Sub-Sublessee shall not be required to pay any public
utilities provided to the Premises or real property taxes
levied upon the Premises, except that Sub-Sublessee shall be
responsible for all taxes, assessments, and other charges
levied or Imposed by any governmental entity on the
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furniture, trade fixtures, appliances and other personal
property placed by Sub-Sublessee in, on, or about the
Premises.
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ArTZBMIONS AND RBPAIRS; MMWMANCB
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9. Sub-Sublessee accepts the Premises in their present
'! condition and stipulates with Sub-Sublessor that the
Premises are in good, clean, safe condition as of the date
of this Sub-Sublease. Sub-Sublessor shall, at its own cost
and expense, maintain in good condition and repair the
structural elements of the Premises. Sub-Sublessor and its
j agents shall have the right to enter the Premises at all
reasonable times for the purpose of inspecting them or to
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j make any repairs required to be made under this Sub-
Sublease. Except as otherwise expressly provided herein,
Sub-Sublessee shall, at its cost and expense, keep and
maintain all portions of the Premises in good order and
'j repair and in as safe and clean a condition as they were
when received by Sub-Sublessee from Sub-Sublessor.
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if ALTERATIONS AND LIENS
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10. Sub-Sublessee shall not make or permit any other person to
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make any alterations of the Premises without the prior
written consent of Sub-Sublessor. Sub-Sublessee shall keep
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the Premises free and clear from any and all liens, claims
and demands for work performed, materials furnished or
foperations conducted on the Premises .
SURRENDER OF PRBPlISES
11 . On the expiration or earlier termination of this Sub-
Sublease, Sub-Sublessee shall promptly surrender and deliver
the Premises to Sub-Sublessor in as good condition as they
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,i are now on the date of this Sub-Sublease, excluding
reasonable wear and tear from normal use.
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INDEMNITY AND INSURANCE
12 . Sub-Sublessee agrees to protect, indemnify and hold Sub-
Sublessor harmless from and against any and all claims,
demands or liability resulting from Sub-Sublessee 's
occupation and use . Sub-Sublessee shall, at its own cost
and expense, procure and maintain during the term of this
!I Sub-Sublease an insurance policy issued by a reputable
company authorized to conduct insurance business in
California, insuring for their full, insurable value, all
fixtures and equipment and, to the extent possible, all
merchandize in or on the Premises against damage or
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destruction by fire, theft or the elements .
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SIGNS AND TRADE FIXTURES
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13 . Sub-Sublessee may place a sign on the Premises, subject in
every respect to the prior approval of the Sub-Sublessor and
in compliance with all requirements of the Director of
Airports and any other governmental authority with
jurisdiction over the Premises. Any trade fixtures not
removed by Sub-Sublessee within ten (10) days after the
expiration or earlier termination of this Sub-Sublease,
'! shalI be deemed abandoned by Sub-Sublessee and shall
automatically become the property of Sub-Sublessor.
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�ARrY TMrNATION OF SUB-SU LBASE
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14 . Sub-Sublessor and Sub-Sublessee shall each have the right to
terminate this Sub-Sublease on thirty (30) days prior
written notice.
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REMEDIES FOR DEFAULT
'i 15. In the event of any default by Sub-Sublessee, in addition to
any other remedies available to Sub-Sublessor at law or in
equity, Sub-Sublessor shall have the right to immediately
terminate this Sub-Sublease and all rights of Sub-Sublessee
hereunder, by giving written notice of the termination.
Sub-Sublessor's rights and remedies in the event of a
default shall be cumulative and in addition to all remedies
or hereafter allowed by Iaw.
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ATTORNEYS' FEES
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16 . If any litigation is commenced between the parties to this
Sub-Sublease concerning the Premises, the party prevailing
in that litigation shall be entitled to, in addition to any
other relief that may be granted in the litigation, a
reasonable amount as and for its attorneys ' fees and costs
In that litigation.
'' NOTICES
17. Except as otherwise expressly provided by law, any and all
notices or other communications required or permitted by
this Sub-Sublease to be served on either party to the other
party, shall be in writing and shall be deemed duly served
and given when personally delivered, or in lieu of personal
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service, when deposited in the United State Mail, first-
class postage, certified or registered, addressed to Sub-
'I Sublessor or Sub-Sublessee at the address first indicated
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above.
BINDING ON HEIRS AND SUCCESSORS
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16 . This Sub-Sublease shall be binding on an enure to the
'i benefit of the heirs, executors, administrators, successors
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j and assigns of Sub-Sublessor and Sub-Sublessee.
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PARTIAL INVALIDITY
19. If any provision of this Sub-Sublease is held by a court of
competent jurisdiction to be either invalid, void, or
unenforceable, the remaining provisions of this Sub-Sublease
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shall remain in full force and effect, unimpaired by such
holding.
SOLE AGRBBMENT
y 20 . This instrument constitutes the sole agreement between Sub-
Sublessee and Sub-Sublessor with respect to the Premises and
correctly sets forth the obligations of the parties to each
other as of the commencement date. Any prior agreements or
representations with respect to the Premises are hereafter
null and void. Any amendment or modification of this Sub-
Sublease shall only be effective if in writing, signed by
the parties hereto.
7 21 . Sub-Sublessee agrees to abide by the terms and conditions of
the Documents to the extent applicable to this Sub-Sublease.
IN WITNESS WHEREOF, this Sub-Sublease Agreement was signed
by the parties hereto on the date first above written.
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INTERNATIONAL AIR SERVICE GREEN T N U OLSTERY
COMPANY, LTD. AND AV I
By: J�� ---- By: o
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Title: e7w.� C. MA-N0�4a • Title:
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The undersigned hereby consents to the terms and conditions
of the foregoing Sub-Sublease.
SHASTA ENTERPRISES
By: ,
Title:
Date:
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LESSOR'S APPROVAL OF SUB-SUBLEASE
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The CITY OF REDDING, hereinafter designated LESSOR, is the
LESSOR of the real property located at 3775 Flight Avenue,
Redding, California 96002 (the "Premises") . LESSOR hereby
consents to the sub-subletting of Suite A of the Premises to
Green Mountain Upholstery and Aviation upon the stated terms and
conditions in the Sub-Sublease Agreement attached hereto for a
'i period of time not to exceed the term specified in the lease
documents ("Lease Documents") entered into by the CITY OF REDDING
to which the Premises are subject .
itLESSOR'S consent to this sub-sublease shall in no way
release Shasta Enterprises from liability under the Lease
Documents and the LESSOR shall have all rights against Shasta
Enterprises in the event of a default under the Lease Documents
as LESSOR would have had in the event the LESSOR had not
consented to this Sub-Sublease.
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IN WITNESS WHEREOF, LESSOR has executed this Approval of
Sub-Sublease this day of , 1992 .
;i LESSOR - CITY OF REDDING
By:
FORM APPROVED
CITY LEGAL
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