HomeMy WebLinkAbout10/7/2009 - STAFF REPORTS - 2.SCITY COUNCIL STAFF REPORT
DATE: October 7, 2009
CONSENT CALENDAR
SUBJECT: AMENDMENT NO.1 TO NON-EXCLUSIVE OEPRATING AND LEASE
AGREEMENT NO. 5361 WITH USO — GREATER LOS ANGELES AREA,
INC. FOR AN ADDITIONAL 114 SQ. FT. AT NO ADDITIONAL COST
FROM: David H. Ready, City Manager
BY. Department of Aviation
The United Service Organization (USO) located within the Palm Springs International
Airport Terminal is very popular and currently occupies 975 SF in the Airport's main
baggage claim area. This action will provide the USO with an additional 114 SF of
space adjacent to the occupied area.
RECOMMENDATION:
1, Approve Amendment No. 1 to Agreement No. 5361 Non -Exclusive Operating
& Lease Agreement with USO — Greater Los Angeles Area, Inc. for an
additional 114 SF at no additional cost effective November 1, 2009 and valid
until October 31, 2011.
2. Authorized the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The USO has a five-year lease which began in November 2006 and expires in 2011. The
USO is very popular and proudly serves an average of over 1,000 military personnel and
families each month. During busy times it has become increasingly difficult for the USO
staff to handle all the baggage typically associated with their military customers. Thanks
to the cooperation of another airport terminal tenant, The Paradies Shops, the USO will
be able to use a small room adjacent to their main operation. This small, but optimally,
located space will allow the USO to stack customer baggage out of the way.
'.Tkls NO. Z. 5.
City Council Staff Report
October 7, 2009 — Page 2
USO A5361, Amendment No. 1
Due to a recent change in City Council meeting dates, this item could not go to the Airport
Commission before City Council consideration. The Airport Commission will be advised
of this action at their October 14, 2009 meeting.
FISCAL IMPACT:
The 114 SF Office Space will be included in the base agreement with the USO which
currently pays $1 per year in rental payments.
Thomas olari, A.A.E.
Executive Director
David H. Rea
--F�'�City Manager
Attachments:
Amendment No. 1 to USO Agreement 5361
FAA Approval 9/6/09
USO — GREATER LOS ANGELES AREA, INC.
AMENDMENT No. 1 TO
NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT
FOR TERMINAL SPACE
AT PALM SPRINGS INTERNATIONAL AIRPORT
THIS Amendment No. 1 to Agreement 5361 is made and entered into this 1st day of November
2009, by and between the CITY OF PALM SPRINGS, a charter city and California municipal corporation
("City"), and USO — Greater Los Angeles Area, Inc. a California corporation ('Tenant'). City and Tenant
may hereinafter be referred to individually as a "Party" and collectively as "Parties".
RECITALS
A. Tenant requires additional space to lease and operate a USO Service Club at Palm Springs
International Airport ("Airport" ).
B. City believes that the flow of military personnel, retired military personnel and military
dependants within the City's airport terminal would benefit from the convenience and accessibility of
additional space for the USO Service Club at Palm Springs International Airport.
C. The Federal Aviation Administration has approved the additional space at no additional cost to
the Tenant.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises of the parties hereto and for
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City
and Tenant agree as follows,-
1- Subsection 1.1 in the Lease shall be amended to include an addition 114 square feet of
exclusive use space located adjacent to the current USO space and more particularly described on the
revised Exhibit "A" attached hereto effective November 1, 2009 at no additional cost to Tenant.
2. Due Execution. The person(s) executing this Amendment on behalf of the parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute an
deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is
formally bound to the provisions of this Amendment, and (iv) the entering into of this Amendment does
not violate any provision of any other agreement to which said party is bound.
3. Full Force and Effect. The parties further agree that, except as specifically provided in this
amendment, terms of the Lease shall remain unchanged and in full force and effect.
(EXECUTION PAGE FOLLOWS)
USO — Greater Los Angeles Area
Amendment 1 to Agreement 5361
Palm Springs International Airport
Page 1 of 3
3
IN WITNESS WHEREOF, the parties have executed and entered into this Lease as of the date first
written above
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
l
City Attorney
CONTRACTOR: USO — Greater Los Angels Area. Inc.
Check one: _Individual _Partnership „_,Corporation
CITY OF PALM SPRINGS
a municipal corporation
By
City Manager
Corpora Ions require two notarized signatures. One from each of the following A Chairman of Board, President, or any Vice President: ANO 6
Secrete /�sjstans.Secfetary, T,reasumr, AssrslantTreasurer, or Chief leer) 4
! (✓r Sir r 7�
Ign ure (ndtariz6d) / Signature (notarized))
Name:
v - p
Title: L-f7Y�r ,. ,•=�,�r.r/r* (.•I�rr mar Title: 7 '
State of _ II
County of Iiss
On before me,
Personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is)are subscribed to the within instrument and acknowledged
to me that he/shelthey executed the same in his/hargheir
authorized capacity(ies), and that by his/heritheir signature(s)
an the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument
WITNESS my hand and official seal.
State of I I
County of ❑ss
On before me.
Personally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) Ware subscribed to
the within instrument and acknowledged to me that he/she/they
executed the same In his/her/their authorized capacity(ies), and that
by his/her/their signatures) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrumenty"y"/u',r�'I
WITNESS m hand and official seal,
y ��� ��ta��,�r�t,'fe
Notary Signature: Notary Signature V
Notary Seal: Notary Seal:
U50 — Greater Los Angeles Area Page 2 of 3
Amendment 1 to Agreement 5361
Palm Springs International Airport
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On_�U t t before me,
oaf.
I
uia)gUja, CGer AcS n Pdotary Fsblic
I I rr In'.a, I Nana and Tlllc of tile 011iccr
personally appearsd�•iti, CarX 0� _ / /L.,..j h�lll_I�C�r7 h W
Namrh) of 5iyrnr(.-.) ^
who proved to me on the basis of satisfactory evidence to
be the persorCs'whosc narnc§ ,�ary�isubscribed to the
within instrument and acknowledged to me that
tre e executed the same in bis(ae the authorized
capacit Ie the and that by hW ignaturo on the
m instruent the persor s� or the entity upon behalf of
which the persoi<Pacted, executed the Instrument.
I certify under PENALTY OF PERJURY under the laws
..�, VIRGINIA KERKOCMIAN of the State of California that the foregoing paragraph is
�. Commission o� 7788662
true and correct.
? Notary Public - California
Los Angeles county WITNESS my hand and official seal.
MyComm.ETIr Feb9.2012
Signatures + 4P f�J✓�%?�
I'Inm Net., Seal Abwn ., �rnlur cl Notary Pub m
OPTIONAL
Though the Warmalion below is not required by law, it may prove valuable ro persons relying on the document
and could prevent fraudulent rernoval and reattachment of this four to another document.
Description of Attached Document
Title or Typo of Document: , f�y_A A
Document Data:, _ Number of Pages:
Signer(s)Other Than NamedAbove: n1TblR� —
Capacity(ies) Claimed by Signer(s)
Signer's Name yQ��r1 _ Signer's Name
E1 Individual ��ID Individual
Corporate Officer —Title(s):-_EorporateOfficer —Title(s): W^/•
Ll Partner — ❑ Limited ❑ General r _ _ , ❑ Partner — ❑ Limited ❑ General
LI Attorney in Fact ❑ Attorney in Fact
,:! Trustee Top of Ihmnb here Trustee rou of lhurob here
rl Guardian or Conservator D Guardian or Conservator
[� Other. ❑ Other:
SIg1Pr Is Representing:
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Signer Is Representing.
_L�a Ica
6i0C20�07 N'LiiIi�nnal Notary A::.nnaa:VoOnw-9w35V Oc.rSncIOw/N�es.,aPR0"G,6w 2402•iC' rnalswu�rlh CA 0131-3 -2-9'G:tr•wNallonalNolarynr:tgaJim 1690
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WFlweorc�r.SrvC:+JxI Taa.�II•F.oc•.e u1w-tlVV.-8
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6-6627
Revised Exhibit "A"
USO Service Club
Terminal Space
See Attached
USO — Greater Los Angeles Area
Amendment 1 to Agreement 5361
Palm Springs International Airport
Page 3 of 3
8
Proposed USO Sila
includes small mom
upper right corner
i97.5sf
6.5'
1a
29'
29'
Shaded Area - Proposed USO S!I
Total st including small room = 975'
GATE 3
Add 114SF Office to USO
space effective 1111109
GATE 1
-11
`JJ
Cel6side
7ATE 4
Palm Springs International Airport
Exhibit A Revised 11/01109
GATE 2
Janet Sheraton
From:
Sent:
To:
Cc:
Subject:
EJ
pic00041.jpg (46
KB)
Tom Nolan
Anthony.Garcia@faa gov
Sunday, September 06, 2009 2:03 PM
Thomas Nolan
Janet Sheraton, Margie. Drilling@faa.gov
Feedback Regarding the USO Space at PSP Airport
In accordance with the prior FAA opinion, we do not object to the use of an additional 114
square feet of adjacent space to accommodate military travelers at PSP.
Tony Garcia
FAA Airports
xx]UC2Wc XXXXXXXXXXXXxXXxxxxxxXXXXxxxxxx7[YxxXXXXXXXX-XXX
(Embedded image moved to file: pic0o041.jpg)
"Thomas Nolan"
<Thomas.Nolan@pal
msprings-ca.gov❑ To
Anthony Garcia/AWP/EAA@FAA
08/31/2009 02:16 cc
PM Margie Drilling/AWP/FAA0FA21, "Janet
Sheraton"
<Janet.Euck@palmsprings-ca.govn
Subject
USO at PSP Airport
Mr. Garcia:
As seen on the attached FAA letter of approval in October of 2006, PSP airport was granted
support to provide the USO some space within the baggage claim area- Thank you for that
support. The program has been tremendously successful to both the United States military
personnel and the airport operations.
We have a simple request to make- That same space which was approved has a closet like
space adjacent to it that is being vacated and we intend to allocate it to the USO because
they are in desperate need of additional space- we believe allocating this 114 square
foot space will not only assist them again but the airport• as well because it will allow
military staff baggage to be removed from outside the door and brought into the closet for
storage.
Your support of this terminal space allocation is requested- Again, the additional space
will just be included into the existing use agreement with all the same terms -
Thomas Nolan
Executive Director
Palm Springs international Airport [attachment "USO FAA APPROVAL LETTER 10
31 06.pdf" deleted by Anthony Garcia/AWP/FAA]
2 3
a
U.S Department
of Transportation
Federal Aviation
Administration
October 31, 2006
Richard S. Walsh
Director of Aviation
Palm Springs international Airport
3400 E. Tahquitz Canyon Way, Suite OFC
Palm Springs, CA 92262-6966
Dear Mr- Walsh:
Westemiacift Reglon Fcdonl Avinlion Adminisirnt(an
AiiporL. Division P-o-Box 92007
Los Angdcs. CA 90009-2007
Palm springs International Airport (PSP)
New USO Facility
rb C E,I',E`LM
NOV 15 2006
56r��r DE T, OF AMC ' tT9'C?4u
We are replying to your letter dated October 16, 2006, that requested
our concurrence with the proposed agreement between the City of Palm
Springs and USO-Greater Los Angeles Area, Inc. for the space at Palm
Springs International Airport to operate a USO facility.
The City proposes to enter into a five-year lease with the USO for the
use of airport property, including utilities, at the annual rental, rate
of one dollar. The space is located at the north end of the terminal
baggage claim area. This area consists of 975 square feet and is
presently vacant. The agreement will include a termination provision
permitting PSP to cancel the agreement or relocate the USO to another
airport location. The USO will be responsible for routine
improvements, janitorial services, and telephone service.
The City believes that the agreement will improve service to the
traveling public bocause military personnel will be well accommodated
in a safe, secure, and comfortable environment while, at the same time,
reducing the number of passengers using the public airport terminal.
The presence of the USO will not have a negative impact on airport
safety, security, or efficiency of operations.
The USO is a non-profit organization that relies on public donations
and volunteers to serve the needs of servicemen and servicewomen.
Based on the proposal, the USO facility, like the airport terminals,
will be directly and substantially related to the air transportation of
passengers, namely, members of the Armed Forces. Furthermore, the USO
presence at the airport will provide a public service function to
military personnel while maintaining positive community goodwill.
Under these circumstances, a nominal -cost facility operated by the USO
and dedicated to military personnel in transit would not violate the
requirements of the self-sustaining rate structure assurance as long as
PSP does not subsidize or pay for the operation of USO programs and
maintenance of USO property and fixtures.
Based on the expecta U.on that the USO will be providing services to
military travelers, we do not object to the implementation of the
proposed agreement with the USO.
1 i9
It you have any questions oz w;sh to discuss this matter, please call
me at (310) 725-3639_
ly,
l
Compliance Specialist