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HomeMy WebLinkAboutOrdinance 1754 N.C.S. 04/17/1989 MAY 17 1689 ORDINANCE NO. 1754 N.C.S. Introduced by Seconded by Larry Tencer Vice Mayor Davis AN ORDINANCE AUTHORIZING A LEASE OF REAL PROPERTY LOCATED WITHIN THE PETALUMA MUNICIPAL AIRPORT COMPLEX BE IT ORDAINED BY the Council of the City of Petaluma as follows: Section 1. Certain real property located within the Petaluma Municipal Airport complex in the City of Petaluma, County of Sonoma, State of California is hereby authorized to be leased under the terms and conditions set forth in the Lease by and between the City of Petaluma and Two-Niner, Inc. which. Lease is attached hereto as Exhibit "A" and incorporated herein by reference and the City Manager is hereby authorized to sign said Lease which is for a service and parts/accessories business related to airport and airplane necessities . Section 2. The City Clerk be, and she is hereby directed to publish this ordinance for the period and in the manner as required by the City Charter. 1 Ord. 1754 N.C.S. INTRODUCED AND ORDERED posted/published this 3rd day of April , 1989. ADOPTED by the following vote this 17thday of April 1989. AYES: Cavanagh, TEncer, Sobel, Woolsey, Balshaw, Vice Mayor Davis NOES: 0 ABSENT. Mayor Hilligoss ABSTAIN ~I i Mayor ord.2-niner " ord3 ATTEST: - `"l % - l ~ I Ica City Clerk _ ~ I" City At~to~ney 2 ADDENDUM TO LEASE AGREEMENT PETALUMA MUNICIPAL AIRPORT THIS LEASE by and between City of Petaluma and Two-Niner, Inc., dated April 3, 1989, is hereby amended as follows: A. With regard to paragraph 6b entitled °1Common Facilities"; It is hereby agreed that the common .facilities which the Lessee and/or Sub-Lessee shall have the right to access and use shall include the streets.. B. It is hereby agreed that paragraph 19 of said Lease entitled "Improvements" is stricken and they following paragraph 19 is inserted in its place: It is agreed that all improvements constructed by or on behalf of Lessee shall be deemed to be real property and that title to said improvements shall vest in the Lessee. While this. Lease is in effect the parties agree to recognize a trust deed given to any lender for the payment of debt incurred by Lessee related to the construction• of such. improvements as a valid and enforceable security instrument in favor of such lender. Lessor shall have a lien on such improvements to secure faithful performance of Lessee's obligations. Lessor's lien shall be subordinate to any trust. deed given to any lender by Lessee to secure debts related to the construction of improvement on the property. C. 'The following paragraph 36 is added to the Lease: 36. Ricthts o:f Lender on Termination Should this Lease be terminated for any reason, Lessor shall .upon request of the lender holding the trust deed referred to in .paragraph 19 .(.paragraph B above.) made within sixty (60) days after` such termination, execute. and deliver a-new lease o,f the premises to 'the lender. Such new lease shall be for the .remainder of the term of this Lease with the same covenants, conditions and, agreements (except for any requirements which have been satisfied by Tenant prior to termination) as are contained. .her-en. Together with the execution and delivery of such new lease o'f the premises, landlord shall convey to lender tifle to any improvements constructed by or on behalf of Lessee by quitclaim deed for the term of such .new lease. Landlord's delivery of any improvements to lender pursuant to such new • lease shall be made without representation or warranty of any 1 I kind or nature whatsoever, either express or implied; and lender shall take any improvements "as is" in their then current condition. Upon execution and delivery of such new- lease., lender, at its sole cost and expense, shall be responsible for taking such action as shall be necessary to cancel and discharge this Lease and to remove tenant named herein and any other occupant from the premises. Landlord's obligation to enter into such new. lease of the premises with the lender shall be conditioned as follows: (i) lender has remedied and cured all monetary defaults hereunder and has remedied and cured or has commenced and is diligently completing 'the cure of all nonmonetary defaults o€ tenants susceptible. to cure by any party other than by the original tenant. D. The erroneous designation of Two-Niner, Inc. as "Lessor" on page 16 is stricken and the word °'Lessee" is substituted therefor. E. Lessor and.. Lessee are advised to have this Addendum reviewed by their legal counsel prior to executing this Addendum. Less C' of P tal ma Dated: City Manager At s . City Clerk ®EPllTY CITY CLERK Lessee Two-Niner Inc. ` Dated: By P esdent 2 LEASE AGREEMENT PETALUMA MUNICIPAL AIRPORT THIS LEASE AGREEMENT, made and entered into as of the, day of 19~, by and between the CITY OF PETALUMA, a political subdivision of the State of California., hereinafter referred to as , "Lessor" and TWO-NINER INC . , hereinafter referred to as "Lessee" ; WITNESSETH WHEREAS, the Lessor herein is, a political subdivision duly organized and operating under the laws of the State of California, and owns all that certain real property located at the Petaluma Municipal Airport, Petaluma, California, a city airport, hereinafter referred to as "Airport!'; and WHEREAS, Lessor deems it advantageous to itself and the operation . of the Airport to lease unto Lessee a certain parcel of land described herein, together with. certain privi-leges, right, uses, and interest therein, as hereinafter, set forth; and WHEREAS, Lessee proposes, to lease a ground area. of three (3) acres more or less fora "FIXED BASE OPERATION SERVICES"; and, WHEREAS,, Lessee has indicated a willingness and ability to properly keep and maintain and improve the leased ground in accordance with standards established by Lessor; and WHEREAS, Lessee desires to obtain and avail itself of the privileges, right, uses anal interest therein and herein; ~ NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. TERM Lessor, for and in consideration of all. the covenants, conditions, and agreements to be set. forth hereinafter to be kept and performed by Lessee .and by Lessor, does hereby lease unto Lessee, on all the conditions, covenants, terms and agreements hereinafter set forth, those certain premises described in Exhibit 'A', which is attached hereto, marked as such and incorporated herein, for a term of thirty- . five (35) years, commencing on April 1, 1989 and ending on the last day of March, 2024. 2. RENTAL Lessee shall pay to Lessor a rental in accordance with the following provisions (a) The base ground rental for the premises, as described in Exhibit 1 shall be as follows Year One: $.200 per square foot per year Year Two: $.218 per square foot per year Year Three: $.236 per square foot per year Year Four: $.254 per square foot per year Year Five: $.276 per square foot per year The rental rate for the sixth and subsequent years of the lease term shall be computed at the commencement of each successive year period- at the rental' rate applicable for the immediately preceding year adjusted for an increase in the Bureau of Labor Statistics Cost of Living Index - San Francisco - Oakland all items for the' preceding year. The maximum adjustment in any one year shall not exceed eight percent (8%) . 2 (b) The base ground rent shall be payable, in advance, in equal installments or 1/12 of the specified annual rental,, by the first day of each and every month during the term of this lease and any extension thereof. In the event such payment is not made within five (5) days of the due date, i.e. , by the first day of each and every month, there 'shall be a penalty of six percent (64) of the a-mount due and owing, which penalty shall become part of that month's rental payment. Furthermore, and in addition thereto, any amount . of rental payment and. penalties unpaid after thirty (30) days shall have a one and one-half percent (1~%) interest charge on the unpaid amounts, which interest shall likewise become part of the rental payment. 3. OFF SITE IMPROVEMENT Lessee shall have no responsibility for the construction of any improvements to any site not contained within the leased premises . Lessor shall set the necessary boundary monuments and grade stakes on the leased premises. Lessor shall provide a paved taxiway, or ramp to the leased premises of adequate widfh to permit access to said premises by taxiing, aircraft. 4. ON SITE IMPROVEMENT REQUIREMENTS The Lessee shall be required to construct on said property a building in conformity with all applicable laws, ordinances, rules and regulations containing an initial floor area of not less than 20,000 square -foot of hangar and commercial office space under one roof. The building shall be a prefabricated metal structure, as approved by the SPAR.C of the City of Petaluma. Lessee shall - complete said improvements by November 30 , 1989, otherwise this lease shall be null and void and of no further force or effect. 3 5. UTILITIES Lessee sha1T pay for all water, sanitary sewage, gas service, electric power, telephone service, and all other services supplied to the said premises by Lessor, or any public utility, and shall pay all costs for the installation and connection and such services from the site or boundary line. thereof. Lessor agrees to make available utilities, electric, gas, water, sewer, telephone to the site or boundary line of the leased premises within a reasonable. time following execution of this Agreement . 6. USE OF PREMISES The leased premises shall be used as follows: (a) Fixed Base Operation Services The Lessee or Sublessee shall conduc Fixed Base Operation Services on the leased premises which... shall include aircraft repair and maintenance, flight instruction and aircraft rental and may include but are not limited to air taxi and charter services, aircraft .sales (new and used) , general services, and retail aircraft parts sales. (b) Common Facilities .Lessee and/or Sublessee shall have the right to access to and use of facilities at airport designed for common use, such as landing area, aprons, taxiways, flood lights, landing light, beacons, riavigaton!al aids, tower communication, public address systems, and other common use faci'-lities supplied by Lessor for convenience and accommodation in operation, landings, and take off of aircraft. The rights herein extended to .Lessee shall be inclusive of the rights to land, take off, taxi, tow, load, or unload aircraft. 4 7. OPERATION OF AVIATION BUSINESS BY LESSEE Conditions (a) This lease shall be subordinate arnd subject to the Grant Agreement, by and between the United States of America, Federal Aviation Agency, and Lessor, and subsequent grants and agreements. (b) The Lessee agrees to make their services available to the public without unjust discrimination and to refrain from imposing or levying excessive discriminatory or otherwise unreasonable charges or .fees for us of said facilities, provided, however, the Lessee may refuse service to any person or persons for justifiable cause, without discrimination by virtue of race, color, sex, age or creed. (c) Public Services Lessee shall provide comprehensive .public services., including, but not limited to, aircraft maintenance and overhaul, used aircraft and aircraft parts, new parts and merchandise sales, service and inspections, aircraft storage. (d) Hours of Operation Lessee shall publish a schedule setting forth the hours of operation. Such. schedule to be approved by the Airport Commission. (e) The .airport manager shall investigate all complaints against Lessee by .members of the public . If he finds that the complaint is justified., he may direct Lessee to take Such reasonable action as he believes necessary to rectify the complaint or prevent its recurrence. If Lessee is aggrieved by any such directive, he may appeal therefrom to the City of Petaluma Airport Commission, 5 whose decision shall be appealable to the Petaluma City Council, whose decision shall .be final. 8. SURETY BOND ~ - Prior to the commencement of construction hereunder, Lessee, at its sole cost and expense, shall furnish the Lessor a surety bond of an admitted surety company licensed to transact business in the State of California satisfactory to .Lessee., in a sum not less than one hundred percent (100$) of the total estimated cost of the construction contract, guaranteeing the payment for all labor,. material, provision, supplies and equipment used in-, upon, for, or about the performance of any construction -work or labor done thereon of any kind whatsoever as proposed by Lessee and protecting Lessor, its officers, boards, commissions, employees, and agents from any liability, losses, or damages arising therefrom. Lessee shall also provide Lessor a similar surety bond 'in an amount equal to the estimated cost of the said construction of the improvements, guaranteeirng faithful performance of said construction contracts . If Lessee obtains from its contractor or contractors such bond or bonds in like amount which are satisfactory to th"e Lessor, the Lessor, upon application by Lessee's principal and upon ,naming the Lessor as an additional obligee of Lessee's principal and surety under such bond or bonds, will release Lessee from and consent to the cancellation of the bond or bonds originally furnished by Lessee. 9. MAINTENANCE AND REPAIRS Lessee shall, at his sole cost and expense, keep and maintain said premises .and .appurtenances, and every part thereof, in .good and sanitary order, condition and repair, and hereby waives a:ll right to make repairs at the expense of Lessor as provided in Section 1942, et seq. , of the Civil Code of the State of California:. Any failure to maintain or make said repairs upon being notified by Lessor shall constitute a de"fault by Lessee. - 6 10. ALTERATIONS AND ADDITIONS Subsequent to completion of the improvements and facilities as herein agreed to, Lessee shall not make .any alterations to the exterior thereof or erect any additional structures or improvements on the leased premises without prior written consent of Lessor. .Any such exterior alterations or additions .approved by Lessor shall be constructed at the sole expense of Lessee. 11. SIGNS Lessee shall be privileged to erect such signs and advertising media as comply with applicable City of Petaluma ordinances and to place the same upon the improvement to be erected pursuant hereto. The text, color, and- design of all signs shall be subject to the prior approval of Lessor. 12. UNLAWFUL USE No building, structure, or improvement of any kind shall be erected, placed upon, operated, or maintained on the leased premises, nor shall any business or operation be conducted or carried on therein or thereon in violation of any ordinance, law, statute, order, or rule of any governmental agency having jurisdiction thereover, nor shall any use be made of the leased premises which has not been specifically allowed. 13. WASTE., QUIET CONDUCT Lessee shall not commit, or suffer to be committed, any waste upon said premises, or. any nuisance or other act or thing which may disturb the quiet enjoyment of the use of the surrounding airport property. 7 14. RULES, REGULATIONS, POLICIES and STANDARDS Lessee agrees to observe -and obey all rules and regulations promulgated and enforced by Lessor or any other appropriate authority having jurisdiction over the Airport during the term of this lease. Lesee further agrees to be bound by the "Lease Policy and Standards for Services and Operations at Petaluma Municipal Airport." dated October 30, 1984 which Policies and Standards are attached hereto as Exhibit 1 and incorporated by reference. 15. INSURANCE Lessee agrees to procure and maintain at its own cost and expense, and at all times during the term of this lease, comprehensive liability insurance naming .Lessor, its officers, boards., commissions, employees and agents as additional insureds in the following amounts; property damage, $250,000.00, Bodily Injury, $1,00.0,000,.00 per person, and $1,000,000.00 per occurrence. Evidence of such insurance shall, be provided by Lessee by filing with the Lessor a copy of the policy or policies, together with a duly executed certificate of the insurer to the effect that the insurance required by this lease is in force and effect. Said policy or policies or certificates shall contain a provision that written notice of cancellation or any material change shall be delivered to the Lessor ten (10) days in advance of the effective date thereof. Lessee shall also secure and maintain fire and extended coverage insurance on the building and structures to be erected by Lessee as a part of the aviation operation created by this Lease. Agreement. Said insurance coverage shall be to the full insurable value of the structures and building's. and contents as erected and placed upon the leased premises, and shall name Lessor as ari additional insured. Lessee further agrees that in the event of any fire or partial or complete destruction of the structures erected. by Lessee, any proceeds of insurance received `by Lessee shall be held in trust and utilized solely 8 in the replacement, reconstruction, or repair of the damaged or destroyed improvements . 16. TAXES Lessee :agrees to pay promptly all taxes and assessments related to items of property including both real and personal property within the purview of this Lease, which may be levied or assessed upon said properties leased or owned by Lessee, as Lessee's interest may appear when the said taxes 'and assessments become due and payable during the occupancy of the eased premises under any levy or assessment by County, City or other legally authorized governmental authority. 17. INSPECTION AND NOTICE Insofar as it may be necessary for the protection of the Lessor's rights, the Lessor or its agents shall at any and all reasonable times, and upon .reasonable notice to Lessee, have the right to go upon and inspect the land and premises hereby leased and any structure or improvement erected or constructed, or in the course of being erected or constructed, repaired, added to, rebuilt, or restored thereon. 18. ASSIGNMENT OR SUBLETTING It is agreed that Lessee is authorized to sublet the leased premises to a Sublessee, subject to the terms and conditions of this lease. Any such sublease shall be subject to the written approval of Lessor, which approval shall not be unreasonably withheld. It is further agreed that Lessee is authorized to sublet a portion of the premises to an independent contractor for the purpose of assisting Lessee .in the full utilization of "the Fixed Base Operations Services as described herein; provided, however, that upon Lessee's electing to sublet to any independent contractor for such allowed use or uses, Lessee shall noti-fy Lessor of such subletting and shall specify in such sublease and other agreements entered into by Lessee and. the independent contractor that they shall be subject to the terms and conditions of 9 this lease. Signed copies of all such subleases and/or agreements shall be furnished to Lessor upon execution. 19. IM-PROVEMENTS It is agreed that all improvements constructed by Lessee shall be deemed personal property while this lease is in effect and that lessee shall have legal title to said improvements while the lease is in effect, but Lessor shall have a lien thereon to secure faithful performance of Lessee's obligations under the approval of the Lessor. Lessor's lien shall be subordinate to a security instrument, approved by Lessor, and held by any recognized lending institution but shall not be subordinate to any other encumbrance of any kind. Said security instrument shall not provide for removal of said improvements. 20. INSOLVENCY, ETC. If the Lessee be adjudicated as bankrupt. or become insolvent, or if possession of any interest in the leased premises shall be taken by virtue of any attachment, execution., or receivership, the Lessor may, at its election, unless such bankruptcy proceedings be terminated in favor of Lessee and such insolvency be cured or, such possession regained within ninety (90) days thereafter, immediately terminate this Lease by service of notice to such effect upon Lessee in any manner provided by law. 21. LENDER .SECURITY Notwithstanding anything to the contrary contained in this Lease, it is understood and agreed that Lessee may, without the consent of Lessor, assign, transfer, mortgage or encumber Lessee's interest under this. Lease and leasehold estate created, to a lender on the security of the leaseho d estate for -the sole purpose of providing security for the repayment of a loan or loans made and used to finance the construction of substantial improvements by Lessee upon the leased premises and Lessee may execute any and all instruments in connection 10 therewith necessary and proper to complete any such loan and perfect the security therefor as may be required by such lender. Any such lender shall have the right at any .time during the term hereof and while this lease is in full force and effect; (a) To do. any act or thing required of Lessee hereunder and all such acts or things done hereunder shall be as effective to prevent a forfeiture of Lessee's rights hereunder as if done by .Lessee; (b) To realize on the security of the leasehold estate and to acquire and succeed to the interest of the Lessee hereunder by foreclosure or by a deed of assignment given in lieu of foreclosure and thereafter at such lender's option to convey or assign the interest or title to this leasehold estate to any other person subject to the terms, conditions and covenants of this lease; and (c) To cure, within sixty (60) days after notice of default by Lessee under the terms of this Lease . A copy of any and security devices or other instruments shall be filed with Lessor prior to the effective date thereof and the Lessee shall give Lessor prior written notice of changes thereto. 22. FIRST RIGHT OF REFUSAL. Lessee shall have the first right to renew this lease at the beginning of the thirty-fourth year, which right may be exercised by providing written notice thereof to lessor no sooner than April 1, 2023 and no later than one hundred and eighty days (180) prior to the last day of this lease, i.e., no later than March 31, 2024. Provided Lessee furnishes such notice to Lessor within the aforementioned time period, a new lease shall be negotiated and effective as of April 1, 2024, otherwise Lessor shall have the right to negotiate a lease with any other interested party or not lease the premises at all. 11 23. SURRENDER OF POSSESSION At the expiration of the. leasehold term, Lessee agrees to yield and deliver to Lessor the possession of the leased premises and. all buildings, fixtures, p-h;ysical improvements and appurtenances erected by Lessee pursuant to paragraph 4 hereof, in good condition, normal wear and tear excepted. 24. D-EFAULT In the event of default by Lessee in the performance of any of the terms, covenants, or conditions hereof, including the failure to pay rent, Lessor shall .make written demand by registered mail upon Lessee to remedy said default anci, if, thereafter, Lessee remains in default for sixty (60} days, Lessor, by and through its Airport Manager, shall have the right to take immediate possession of said premises. During said sixty (60) day period .Lessee may appeal to the Petaluma City Council and request consideration of any circumstances claimed to cause such default, provided that any such circumstances shall not be deemed to be a waiver of such default, in the event the City Council extends the aforesaid sixty (60) day period. No waiver of Lessor or default by Lessee of any of the terms, covenants, 9r conditions hereof to be performed, kept, or observed by Lessee shall be construed to be or act as waiver by Lessor of any subsequent default of any of the terms, covenants, and conditions herein contained to be performed, kept, anal observed by Lessee. ` 25. RESERVATION AS TO NAVIGATIONAL AID Lessor reserves the right during the term of this lease, or any renewal anel/or extension thereof, to install. air navigational aids, including lighting, in, on, over, under, and across the leased premises. In the exercise of any of the rights hereof, Lessor agrees to give Lessee not less than ninety (90) days written notice of its intention to install such air navigational aids. If the Lessee's 12 enjoyment of the premises under this Lease is substantially interfered with by any such installation, the Lessee's rent shall be reduced in proportion to such interference. 26. INDEMNITY Lessee hereby covenants and agrees to, and shall, indemnify, save harmless and defend, the Lessor, its agents, officers and/or employees against all claims., demands, costs, and liabilities which may be made against Lessor by reason of or arising from anything done, performed, or ommitted to be done or performed- on the leased premises by the Lessee or arising out of Lessee's performance of its obligations pursuant to this agreement. However, this indemnity does not extend to any loss., damage or expense arising out of the sole negligence or willful misconduct of the Lessor, its agents, employees or officers. 27. .EMINENT DOMAIN It is expressly agreed by Lessor and Lessee that in the event eminent domain proceedings. are undertaken by any governmental agency affecting the whole of the Airport, or any -part thereof, which would adversely affect Lessee's interest hereby Lessee shall be entitled to compensation by virtue thereof, consistent with current eminent domain laws and appraisal procedures. 28. NATIONAL EMERGENCY In the event that a national emergency or a declaration by Federal, State or County Government causes a drastic curtailment of civilian aviation activities, Lessee shall be entitled` to submit a request for reduction in the lease rental rate . .Lessee shall be entitled to present facts and. data to show that such a curtailment has taken place and that the curtailment has seriously affected Lessee's utilization of the leased premises. If such facts and data indicate that a reduction in lease rent 'is warranted, then Lessor and Lessee shall agree to 13 negotiate a reduction in the rental rate during the period of curtailment . 29. NOTICES Any and all notices to be given under this Lease, or otherwise, may be served by enclosing the same iri a sealed envelope addressed to the party intended to receive the same, at its address, and deposited in the United States Post Office as registered mail with postage prepaid. When so iven, such notice shall be effective from the date of the mailing of the same. For the purpose thereof, unless otherwise provided in writing by the parties hereto, the address of the Lessor, and the proper party to receive any such notices on its behalf is City Clerk City of Petaluma 11 English Street Petaluma, California 94952 anal the address of the Lessee is Two-Niner Inc. 22.10 E. Washington St. Petaluma, CA 94952 (Until address is established at airport) 31. INVALID PROVISIONS, SEVERABILITY Tt is expressly understood an,d agreed by and between the parties hereto that in the event any covenant, condition, or provision contained. herein is invalidated by a court of competent jurisdiction, the invalidity of any such covenant, condition or provision shall not invalidate any other covenant, condition, or provision of this Agreement,. provided., however, that the invalidity of any such covenant, condition, or provision shall not materially prejudice either the Lessor or the Lessee in their respective rights and obligations contained in the valid covenants, conditions, and provisions of this Agreement. 14 . 32. RENEGOTIATION Lessor reserves the right to enter -into other leases with fixed base operators or other limited service commercial operators on the Airport during this Lease or any extension thereof, provided, that Lessee shall have the right to renegotiate any term or provision of this Lease which with respect to the matters specified in Paragraphs 2, 5, 6 and 16, hereof, unduly or unreasonably restricts Lessee's competitive position in regard to such other Lessees for fixed base. operations or limited service commercial operation on the airport shall not be deemed in and of itself as sufficient reason to renegotiate any term or provision of this Lease.. 33. BINDING ON SUCCESSORS The covenants and conditions herein contained shall apply to and bind the heirs, successors, executor, administrators, and assigns of all the parties hereto. 34. TIME Time is of the essence in this lease. 35. ATTORNEYS FEES. In the event either party hereto shall commence .any legal action or proceeding by reason of the alleged failure of the other to perform or keep any term, covenant or condition of this agreement by it to be performed or kept;, the party prevailing in said action or proceeding shall be entitled to recover, in addition to its costs of suit, reasonable attorneys' fees as fixed by the Court. 15 . , IN WITNESS WHEREOF, the parties hereto have set their hand the day and year first above written. CITY O.F PETALUMA 1 ATTEST: CITY 'CLERK - DEP'U'1°Y CI°flr CL APP VED ,AST FORM KQ , C Y ATTORNE LESSOR TWO-NINER INC. By : tc.: t~ ~2rZ~J , LEGAL DESCRIPTION .See Attached Exhibit "A" two-nner,.:lease _ LAW13 16 _ D. Sox ~~57 Exhibit " A" . • P~tal~mes, C.1 =)~~5v-5357 TWO-MINER. INC. LEASE PARCEL: Located within boundaries of the Petaluma Municipal Airport, as .shown on Record of Survey map filed in Book 377 of Maps, Pages 21 and 22, Sonoma County Records, and being a portion of the. lands formerly conveyed to Petaluma Sky Ranch Associates by deed filed in Book 2591 of Official Records. Page 440, and a portion of the Iands formerly conveyed to Cramer 6y deed filed in Book 2485 of Offi-vial Records, Page 28'5, and more particularly described as follows.: .Commencing at a point on the Southwesterly boundary of said lands formerly of Petaluma Sky Ranch Associates, distant North. 54°33' West 475.00 feet from the most Southerly corner of said' lands; thence at right angles to said boundary North 35°27' East.83:.00 ,feet to the TRUE POINT OF BEGINNING: thence continuing at right :angles to saiu .ooundary North 35°27' East 402.00 feet; thence parallel with said boundary .South 54°33' East 335.00 feet; thence at right angles to said boundary South 35°27' West 352.62 feet to a point distant 15 feet Northerly: of the center line of Sky Ranch Drive; thence parallel and concentric-with and dis ant 15 feet Northerly of said center line the _ following courses: North 82'°12'48".West 97.73 feet; thence Westerly on a tangent curve to the right, radius 35 feet, through a central angle of 27°39'48" an arc length~of 16.90 feet; thence North 54°33' West 232.19 feet to the point of begihning:. Subject to an exclusive easement for maintenance and 'parking, 27 ..feet wide and 76 feet long, 1~ocated along the Southeasterly line of 'the above-described parcel from its most Easterly corner. Containing a ne area of '1.30,287 .square feet, more or less. -_-'~rr~ -s.,> JOSEPH W. BURTOI~~~~ `I 11 X26 RCE 11226 ~ . 29LEASE