HomeMy WebLinkAbout18456 - RESOLUTIONS - 8/3/1994 RESOLUTION NO. 18456
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING �'°� ✓
RESOLUTION #18205, STANDARD FORM 93-
001A AIRPORT USE AND LEASE AGREEMENT,
BY REPLACING "SECTION 1.35 JOINT USE
' FORMULA" IN ITS ENTIRETY. FURTHER,
AMENDING AIRPORT USE AND LEASE
AGREEMENTS #3317, 3319, 3325, 3346, 3359,
3379, 3380, 3394, 3395 AND 3396 BY
INSERTING THE SAME NEW "SECTION 1 .35
JOINT USE FORMULA" LANGUAGE.
WHEREAS, on October 20, 1993, the City Council adopted Resolution #18205 approving a
new ten year Standard Form 93-001 A Airport Use and Lease Agreement; and
WHEREAS, all of the Airlines with regularly scheduled service to the Airport have signed said
Standard Form Agreements and are Signatory Airlines; and
WHEREAS, the City and Airlines pursuant to a Majority In Interest vote of the Signatory
Airlines desire to amend the definition of "Joint Use Formula" as more particularly set forth
herein.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, that:
Section 1 . Standard Form 93-001 A Airport Use and Lease Agreement is hereby
' amended by replacing Section "1 .35 Joint Use Formula" in its entirety
as follows:
"Section 1 .35 Joint Use Formula shall mean the formula used to
prorate a specified charge such that 20% of the charge to be
prorated shall be apportioned equally among the Signatory
Airlines, including regularly scheduled airlines subletting space
from another airline, and 80% of such charge shall be
apportioned among such users in the same proportion that the
number of each user's enplaning passengers at the Airport during
the calendar year immediately preceding to the total number of
enplaning passengers of all such users at the Airport during the
same calendar year. For the purposes of this calculation, each
Signatory Airline's total enplaning passengers shall include, in
addition to the enplaning passengers served by such Signatory
Airline, the number of enplaning passengers handled by said
Signatory Airline for other aircraft operators that do not have an
Agreement with City that provides for the direct payment to City
of apportioned charges for joint use space. Joint Use Formula
shall be used to calculate Airline Rates and Charges for the joint
use space. Joint Use Formula shall be used to calculate airline
rates and charges for the joint use baggage claim/common area,
joint use walkway, temporary joint use passenger holdrooms and
the commuter holdroom. As of DBO, the Joint Use Formula shall
change to 10% apportioned equally to all Signatory Airlines,
45% apportioned based on enplaned passengers and 45%
apportioned based on aircraft landings. As of DBO, the charges
for the holdrooms shall be apportioned separately based on airline
gate locations with first level concourse and second level
concourse charges being subject to further negotiations 1 year
prior to estimated DBO." jj
R18456
Page 2
Section 2. The First Amendment to Airport Use and Lease Agreement Numbers
3317, 3319, 3325, 3346, 3359, 3379, 3380, 3394, 3395 and 3396
is hereby approved.
Section 3. The effective date of this Resolution shall be the first: day of the month
following receipt of signed First Amendments from 50% of the '
Signatory Airlines carrying 50% of the enplaned passengers.
ADOPTED this 3rd day of August , 1994.
AYES: Members Hodges, Ileindienst, Lyons, Reller-Spurgin and Mayor Maryanov
NOES: None
ABSENT: None
ATTEST: Tf Y C1F PA -SPRINGS,
LIFORI`JIA / �„fJ.
REVIEWED AND APPROVED: