HomeMy WebLinkAbout12/20/2000 - STAFF REPORTS (18) DATE: December 20, 2000
TO: City Council
FROM: Deputy Director of Aviation, via Acting Director of Aviation
FEDERAL AVIATION ADMINISTRATION LEASE ASR-9 RADAR
RECOMMENDATION:
It is recommended that the City Council approve a lease agreement between City of
Palm Springs and the United States of America.
SUMMARY:
This item is a recommendation to approve a lease for the FAA to operate an ASR-9
radar facility on airport property that was previously occupied by the ASR-5 radar.
BACKGROUND:
For some time now, Airport staff, FAA and others have been working to resolve radar
issues at Palm Springs International Airport.
After much effort, a solution has been brought forward with the proposed installation
of a new ASR-9 radar that will be mounted on the existing ASR-5 tower.
In addition, a portable trailer will be installed adjacent to the existing ASR-5 building.
The trailer will have the ASR-9 electronics. HVAC equipment, portable engine
generator and above ground fuel tank will also be installed adjacent to the existing
building.
Staff is pleased to have come to an arrangement with the FAA that resolves the
concerns surrounding the current radar.
The lease is for a one-year term with four renewal options with no monetary
consideration.
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Richard Strickland BARRY,GRIFFI,TH
Deputy Director of Aviation Actingbirectdr of Aviation
APPROVED: 1Jut.._!
City r0l
Attachment: 1. Minute Order
FEDERAL AVIATION ADMINISTRATION
Lease No.: DTFA08-01-L-20901
Facility: ASR-9
U.S. Department Palm Springs, CA
of Transportation
LEASE
Between
CITY OF PALM SPRINGS
and
THE UNITED STATES OF AMERICA
This Lease,made and entered into this day of in the year
by and between CITY OF PALM SPRINGS
whose address is:
3400 E. Tahquitz Canyon Way,
Suite-OFC
Palm Springs, CA 92262
for itself and its successors, and assigns hereinafter referred to as Lessor and the
UNITED STATES OF AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant
and agree as follows:
1. PREMISES
The Lessor hereby leases to the Government the following described property, hereinafter
referred to as the premises,viz.:
Please see Page 2
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Lease No.: DTFA08-01-L-20901
PALM SPRINGS INTERNATIONAL AIRPORT
ASR 5 RADAR
LEGAL DESCRIPTION
From the SW corner of Section 7, Range 5 East, Township 4 South, San Bernardino
Base Meridian, proceed North 38" 32' 36" East 1975.09 feet to the point of the
beginning of the plot; thence North 36'41' West 120.00 feet; thence North 530 19' East
90.21 feet, thence South 570 01' East 82.78 feet, thence South 210 14' East 43.95 feet,
thence South 530 19' West 107.28 feet to the Point of Beginning of the plot.
All bearings are true.
Area of the plot is 0.30 acres more or less, as shown on attached Drawing, No.
7D13959 sheet 1 and 2.
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Lease No.: DTFA08-01-L-20901
a) Together with a right-of-way for ingress to and egress from the premises; a right-of-
way for establishing and maintaining a pole line or pole lines for extending electric power and/or
telecommunication lines to the premises; and a right-of-way for subsurface power,
communication and/or water lines to the premises; all rights-of-way to be over the said lands and
adjoining lands of the Lessor, and unless herein described otherwise, to be by routes reasonably
determined to be the most convenient to the Government.
(b) And the right of grading, conditioning, and installing drainage facilities, and seeding
the soil of the premises, and the removal of all obstructions from the premises which may
constitute a hindrance to the establishment and maintenance of Government facilities.
(c) And the right to make alterations, attach fixtures, and erect additions, structures, or
signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or
signs so placed in or upon, or attached to the said premises shall be and remain the property of
the Government, and may be removed upon the date of expiration or termination of this lease, or
within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or
purchasers of said alterations, fixtures, additions, structures, or signs.
2. TERM
For the term beginning December 1, 2000 and ending September 30, 2001.
This lease may, at the option of the Government, be renewed from year to year and otherwise
upon the terns and conditions herein specified. The Government's option shall be deemed
exercised and the lease renewed each year for one (1) year unless the Government gives the
Lessor thirty (30) days written notice that it will not exercise its option before this lease or any
renewal thereof expires; PROVIDED, that no renewal shall extend this lease beyond the 30th day
of September 2005.
3. CONSIDERATION
The Government shall pay the Lessor no monetary consideration in the form of rental, it
being mutually agreed that the rights extended to the Government herein are in consideration of
the obligations assumed by the Government in its establishment, operation and maintenance of
facilities upon the premises hereby leased.
4. NON-RESTORATION
It is hereby agreed between the parties, that upon termination of its occupancy, the
Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the
property which is the subject matter of this lease. It is further agreed that the Government may
abandon in place any or all of the structures and equipment installed in or located upon said
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Lease No.: DTFA08-01-L-20901
property by the Government during its tenure. Such abandoned equipment shall become the
property of the Lessor. Notice of abandonment will be conveyed by the Government to the
Lessor in writing.
5. INTERFERENCE WITH GOVERNMENT OPERATIONS
The Lessor agrees not to erect or allow to be erected any structure or obstruction of
whatsoever kind or nature on the site or adjoining land within the airport boundaries that may
interfere with the proper operation of the facilities installed by the Government under the terms
of this Lease unless consent hereto shall first be secured from the Government in writing.
6. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES
The Lessor agrees that any relocation, replacement, or modification of any existing or
future Government facilities covered by this Lease during its term or any renewal thereof made
necessary by airport improvements or changes which in the Government's opinion interfere with
the technical and/or operational characteristics of the Government facilities will be at the expense
of the Lessor, except, when such improvements or changes are made at the written request of the
Government. In the event such relocations , replacements, or modifications are necessitated due
to causes not attributable to either the Lessor or the Government, funding responsibility shall be
determined by the Government.
7. HAZARDOUS SUBSTANCE CONTAMINATION
The Government agrees to remediate, at its sole cost, all hazardous substance
contamination on the leased premises that is found to have occurred as a direct result of the
installation, operation, and/or maintenance of the Government's facilities. The Lessor agrees to
remediate, at its sole cost, any and all other hazardous substance contamination found on the
leased premises. The Lessor also agrees to save and hold the Government harmless for any and
all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found
on the leased premises not directly attributable to the installation, operation and/or maintenance
of the Government's facilities.
8. QUIET ENJOYMENT
The Lessor warrants that they have good and valid title to the premises, and rights of
ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of
said premises against third party claims. '
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Lease No.: DTFA08-01-L-20901
9. HOLDOVER
If after the expiration of the lease, the Government shall retain possession of the
premises, the lease shall continue in force and effect on a month to month basis. This period
shall continue until the Government has signed a new lease with the Lessor, acquired the
property in fee or vacated the leased premises.
10. OFFICIALS NOT TO BENEFIT
No member of or delegate to Congress, or resident commissioner, shall be admitted to any
share or part of this contract, or to any benefit arising from it. However, this clause does not
apply to this contract to the extent that this contract is made with a corporation for the
corporation's general benefit.
11. COVENANT AGAINST CONTINGENT FEES
The Lessor warrants that no person or agency has been employed or retained to solicit or
obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide
employee or agency. For breach or violation of this warranty, the Govermnent shall have the
right to annul this contract without liability or, in its discretion, to deduct from the contract price
or consideration, or otherwise recover the full amount of the contingent fee.
12. ANTI-KICKBACK
The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1)
Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting,
or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any
kickback in the contract price charged by a prime Contractor to the United States or in the
contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.
13. PROTEST AND DISPUTES
All contract disputes arising under or related to this contract or protests concerning
awards of contracts shall be resolved under this clause, and through the Federal Aviation
Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in
accordance with 49 U.S.C. 46110 and shall apply only to ,final agency decisions. The decision of
the FAA shall be considered a final agency decision only after the lessor or offeror has exhausted
their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution
System. Protests must be filed with the Office of Dispute Resolution within 5 calendar days of
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Lease No.: DTFA08-01-L-20901
the date that the protester was aware, or should reasonably have been aware, or should reasonably
have been aware, of the agency action or inaction which forms the basis of the protest. Unless
otherwise stated in this contract, a contract dispute by the lessor against the government shall be
submitted to the Contracting Officer within 1 year after the accrual of the contract dispute.
Information relating to submitting a protest or dispute will be provided by the Contracting
Officer, upon request.
14. LESSOR'S SUCCESSORS
The terms and provisions of this lease and the conditions herein bind the Lessor and the
Lessor's heirs, executors, administrators, successors, and assigns.
15. NOTICES
All notices/correspondence shall be in writing, and shall be addressed as follows (or to
such other address as either party may designate from time to time by notice or correspondence to
the other):
TO LESSOR: City Of Palm Springs
3400 E. Tahquitz Canyon Way, Suite-OFC
Palm Springs, CA 92262
TO GOVERNMENT: Department of Transportation
Federal Aviation Administration
Real Estate &Utilities Team , AWP-54B
P.O. Box 92007, World Way Postal Center
Los Angeles, CA 90009-2007
16. The following are attached and made a part hereof: Attachment 1, Articles 18 through 22,
Exhibit A,Airport Layout Plan and Exhibit B, Drawing No. 7D13959 (2 pages).
17. The following changes were made in this lease prior to its execution: None
17#0"?
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Lease No.: DTFA08-01-L-20901
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of
the date first above written.
LESSOR
(Signature)
(Official Title)
THE UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
By:
Contracting Officer, Real Estate&
Utilities Team, AWP-54B
Date:
I
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Lease No.: DTFA08-01-L-20901
Attachment 2
18. Meter readers entering onto airport property shall comply with airport security
regulations. Failure of the meter reader to comply with airport regulations shall not make
Lessor legally liable for enforcement actions promulgated by the Secretary of
Transportation for a violation or violations of Part 107 of the Federal Aviation
Regulations.
19. It is mutually agreed by the parties that the proposed airfield development as shown on
the present Airport Layout Plan, dated June 23, 1993, will not, if constructed, conflict
with the proper operation of the ASR facility. Therefore, those planned improvements
will not, if constructed, cause the relocation of the ASR.
20. The area within the 1,500 foot radius from the center of the radar antenna shall be limited
to structures and vegetation not to exceed the height of the antenna deck of the ASR
tower which is approximately 484 feet above Mean Sea Level (MSL).
21. Right of Access over existing abandoned taxiways No. 4 and No. 6 as shown on attached
Drawing No. 7D 13959.
22. Underground Cable System extending from the ASR-9 plot to the existing Air Traffic
Control Tower as shown on attached Drawing No. 7D13959.
23. Notwithstanding any other provision of this agreement nothing herein contained shall be
construed as obligating the Lessor to impose any restrictions on lands other than those
owned and controlled by Lessor. Further, in the event the Federal Aviation
Administration deems it necessary to place restrictions on adjacent property which are
necessary for th4e proper operation of the ASR the Federal Aviation Administration shall
secure such lands or rights in lands as their sole obligation.
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MINUTE ORDER NO.
APPROVING A LEASE AGREEMENT
BETWEEN THE CITY OF PALM SPRINGS
AND THE UNITED STATES OF AMERICA
FOR THE FEDERAL AVIATION
ADMINISTRATION TO OPERATE AN ASR-9
RADAR FACILITY ON AIRPORT
PROPERTY.
I HEREBY CERTIFY that this Minute Order approving a lease agreement
between the City of Palm Springs and the United States of America for the
Federal Aviation Administration to operate an ASR-9 radar facility on Airport
property was adopted by the City Council of the City of Palm Springs,
California in a meeting thereof held on the 201h of December 2000.
PATRICIA A. SANDERS
City Clerk