HomeMy WebLinkAbout00360 - FAA CONTROL TOWER Supplement #3 - Lease - FAA
LOSE MOD IFICATION/SUPPLE*I Modification/Supplement
FA65WE-1223 - ATCT
AGREEMENT #360
Modification/SupplementNo. Leaset:onlractNo. Ett M04899, 11-20-91
003 FA65WE-1223 Novemoer -
Lessor Accounting d Appropriation Data
CITY OF PALM. SPRINGS 201.0/211/4852E/2316
382.0/000/91074/48052/2316
THIS AGREEMENT IS ENTERED INTO PURSIJANTTO THE PROVISIONS OF SECTION 302(Cx10)OF THE FEDERAL PROPERTYAND
ADMINISTRATIVE SERVICES ACT OF 1949(41 USC 252)
Description of ModilcationrSupplement
WHEREAS, by Lease FA65WE-1223 dated March 1 , 1965 by and between
the parties hereto , the Government desires to occupy the parcel
of land to install the modular structure' TRACON site . Described
below contains approximately 0.05 acres located inside the
boundary of the Air Traffic Control Tower (ATCT) lease plot .
This parcel is also depicted on attached sketch.
From the West 1/4 corner of said Section 18 (which is also the
intersection of the centerline of E1 Cielo Road and Tahquitz—
McCallum Way) marked by 1/2" I.P. , proceed He 05130"E, 1,320.14
feet to the West 1/16 corner of the NW1/4 of said Section,
marked by a 1/2" I.P. , thence N83028153"E, 569.0 feet to the NW
plot corner marked by a nail in the edge of concrete apron,
proceed to N89054130"E, 188.28 feet, thence S36'32130"E, 75.00
feet, thence S53°271308E, 65.0 feet (which was the centerline of
the ATCT) , thence S89'27130"W, 25.09 feet, thence S57'15135"W,
10.77 feet, to the.True Point of Beginning of the following
described lease area:
From the True Point of Beginning thence proceed
H 35 27130" E a distance of 60.00 feet; thence
N 5432130" W a distance of 36.00 feet; thence
S 35*27130" W a distance of 60.00 feet; thence
S 54' 32130" E a distance of 36.00 feet to the True Point of
Beginning.
ALL OTHER TERMS AND cONomoN5 OF THE LEASE ARE HEREBY RATIFIED AND EXCEPTAS AMENDED HEREINABOVE,SHALL BE AND
REMAINTHESAME
❑ Lessor is not required to sign this document. ® Lessor is required to sign this document retum the
original and 3 cppies to the Government.
Lessor Government:
UNITED STATES OF AMERICA
CITY 0 "PALM SPRINGS DEPARTMENTOFiRANSPORTATiON
FEDERAL AVIATION ADMI/NIIST.R/A)TION
By: By: CttG'CLCGc
( Barbara H. Moreau
Title: City Ma a er Title: Contracting Officer Heal Estate&Utilities Branch
Date: Date: 10/25/91
WEFxM4660-14(3mo) ATTEST: CITY OF PALM SPRINGS, CALIFORNIA APPROVED by ',KC.l)Y COZ394GL
By
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DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
P.O. Box 92007, World Way Postal Center
Los Angeles, California 90009
Supplement No. 2 to
Lease FA65WE-1223
ATCT
Palm Springs, California
Supplement No. 2, made and entered into this 1-6 day of ,
1977, by and between the City of Palm Springs, hereinafter called the Lessor,
and the United States of America, hereinafter called the Government.
W I T N E S S E T H
WHEREAS, by Lease FA65WE-1223 dated March 1, 1965 by and between the parties
hereto, the Government is authorized to occupy approximately 0,794 acres of
land at the Palm Springs Airport, Palm Springs, California, in connection
with its operation of an Air Traffic Control Tower, such property being
more fully described in said lease; and
WHEREAS, the Lessor has requested that a portion of the leased premises be
released to the City in order to permit the construction of a new field
lighting vault with engine generator; and
WHEREAS, the Government is agreeable to this partial release of the leased
premises:
NOW, THEREFORE, effective.N� 1977 the parties do hereby
amend said Lease in the following respects and in these only.
1. The Government does hereby surrender and release from said Lease
all property described Article 2 thereof and the Lessor does hereby
lease to the Government the following described property, which shall
henceforth be the leased premises:
A parcel of land located in the NW4, Section 18, Township 4 South,
Range 5 East, S.B.B. & M. , County of Riverside, State of California,
and more precisely described as follows:
From the West ,, corner of said Section 18 (which is also the intersection
of the centerline of E1 Cielo Road and Tahquitz-McCallum Way) marked by
z" I.P. , proceed North 00 05' 30" East, 1,320.14 feet to the West 1/16
corner of the NW4 of said Section, marked by a 2" I.P. , thence North
830 28' 53" East, 569.0 feet to the NW plot corner marked by a nail in
the edge of concrete apron, which is the true point of beginning; thence
North 890 54' 30" East, 188.28 feet; thence South 360 32' 30" East,
150.00 feet; thence South 530 27' 30" East, 40.0 feet; thence South
44 a 3
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Page 2
890 54' 30" West, 14.00 feet; thence North 00 06' 30" East, 9.00 feet;
thence South 890 54' 30" West, 41.62 feet; thence South 00 06' 30"
West, 9.00 feet; thence South 890 54' 30" West, 190.00 feet; thence
North 00 06' 30" East, 144.60 feet to the true point of beginning,
containing 0.785 acres more or less,
All bearings are true and based on the bearing of runway centerline.
ALL OTHER TERMS AND CONDITIONS of said Lease are hereby ratified and except
as amended hereinabove shall be and remain the same.
IN WITNESS WHEREOF, the parties hereto have subscribed their names hereunder
as of the date written above.
CITY OF PALM SPRINGS
By
Title DOBALD A. EEUR'AdM
GRY MAMA .
DEPARTMENT OF TRANSPORTATION
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
BY
E. M. ROLLINS, Realty Specialist
Title Real .Property & Utilities Section
Date �./(�G�f y, coo., 1 ,7 / -7
APPROVED BY THE CITY COUNCIL
BY RES. No. /.;I 36,a �_ 1- 7-7
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CiTY 01F PALM SPRINGS
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...—DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION
„/-/<�'/i,7•- �Jf-" lil:f'r iZ<7T APPROVED'. , I9_
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CITY ENGINEER R.C,E .I
"'r._ DESIGN BY: SCALE. FILE N2'
DWG. NQ. SHEET Na
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CHECKED DV'� a � ;�
RESOLUTION NO. 12362
OF THE CITY COUNCIL OF THE THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING
SUPPLEMENT NO. 2 TO LEASE AGREEMENT
NO. 360.
WHEREAS the City of Palm Springs entered into Lease Agreement
No. 360 with the Federal Aviation Administration (FAA) for the
construction of an airport tower facility; and
WHEREAS it has become necessary as part of City Project No. 77-19
to delete a 9' X 41 .62' parcel from the original lease; and
WHEREAS the Federal Aviation Administration has agreed to and ap-
proved Supplement No. 2 to the original lease; and
WHEREAS all other terms and conditions of said lease as amended by
Supplement No. 1 are to remain the same;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Palm Springs as follows:
Section 1 . That the City Council does hereby approve Supple-
ment No. 2 to Lease Agreement No. 360;
Section 2. That the City Council does hereby authorize the
City Manager to execute Supplement No. 2 on
behalf of the City of Palm Springs.
ADOPTED this 7th day of September , 1977.
AYES: Councilmembers Doyle, Field, Foster and Mayor Beirich
NOES: None
ABSENT: Councilmember Beadling
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By s/S. Sumich s/Donald A. Blubaugh
Deputy City Clerk City Manager
REVIEWED & APPROVED T _tip;
44 b 1
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T,RTiVJEbTT OF TRA1tiFEDEkkl, AV1AT16I ENCY-Sapp A# A
FEDERAL AVIATION ADM to Control Towe ease AGP #360 i,
5651 W. IVilWEEST h Res �k9991, 4-12-71
LOS ANGELES, CAL•IFORN A 90045
Supplement No, 1 to Lease
Contract No. FA65WE-1223
ATCT
Palm Springs, California
Supplement No. 1 made and entered into this 23rd day of
March , 1971, by and between City of Pam Springs, Calif.
hereinafter called the Lessor, and the United States of America,
hereinafter called the Government.
WITNESSETH:
WHEEEAS, by Lease dated 1 March 1965 bearing Government
Contract No. FL65WE-1223 by and between the parties hereto, the
Government desires to amend. the Lease and the Lessor is agreeable
thereto:
NOW, THEREFORE, effective 23 March 1971 the parties do hereby
amend said Lease in the following respects and in these only.
1. Article 4 is amended to -read as follows:
The Government shall pay the Lessor, at the following rate
for the term set forth in Article 3 above: 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 the
facilities upon the premises hereby leased.
2. Article 5 is amended to read as follows:
This Lease may, at the option of the Government, be renewed
from year to year without cost and otherwise upon the terms
and conditions herein specified. The Government's option
shall be deemed exercised and the Lease renewed each year
for one year unless the Government gives 30 days notice that
it will not exercise its option, before this lease or any
renewal thereof expires; PROVIDED, that no renewal thereof
shall extend the period of occupancy of the premises beyond
the 30th day of June 2014-
1
•I '
' Page-2
ALI, OTHER TERMS AND CONDITIONS o said Lease are her"eby ratified
and except as amended hereisiabove shall be and remain the same.
IN WITNESS WHEREOF, the parties hereto have hereinto subscribed
their names as of the date above written.
CITY OF PALM SPRINGS, CALIFORNIA
-`-
Title CTTy 111'1''"C,3.:F
Date V—/;
Ui`=-,T) STATES OF AMERICA
FEDERAL AVIATION/ADMINISTRATION
By
Betty H'idvogel, COI&acting Officer
Title Realty & Utility Contract Specialist
�r
DatDk rS
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If a'rasIoeot i,- .,.a wI a 0 ovp a atbe followin-', ee :tj
e::e c L! by 0!,
P'I-'y
JUDITH SUMIC H I am I-lie
Deputy City Clerk xxxxxxy of the Municipal
coy"o' atinn
-F.R.- ALE-S,H,IRE---,--
who sigTled gai'd
on J)ehajf ol
City Manager of said
was duly signed ahalf of SLAJ by '15�'Itority
-,,-c�P, -d for arid in b
01 its governing hady, and is within tltle of it-s cnrj)arEte
powers .
-Y
JUDITH SUMICH
Deputy City Clerk of the
City of Palm Springs, Calif.
s �
RESOLUTION NO: 9991
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ,
CALIFORNIA, APPROVING SUPPLEMENTAI AGREEMENT NO. 1
TO FEDERAL AVIATION ADMINISTRATION LEASE NO,
FA65WE-1223.
WHEREAS the City of Palm Springs and the Federal Aviation Adminis-
tration entered into Lease Agreement covering the Control Tower
at the Palm Springs Municipal Airport on ,March 1 , 1965; and
WHEREAS said lease provides for an annual rental charge of $1 .00;
and
WHEREAS the Federal Airport Act of May 1946 provides that the
airport; operator or owner will furnish without cost to the Federal
Government such areas of land necessary for facilities supporting
air traffic control activities or weather reporting activities
and communications activities related to air traffic control ; and
WUEREAS the administrative costs For processing said $1 .00 are
excessive;
NOW THEREFORE BE IT RESOLVED that the City Council does hereby
waive said annual rental charge of $1 .00.
ADOPTED this lz =1 day of April , 1971 .
AYES: Councilmen Foster, MaCoubrey, Pitts, Pii.rrell and Mayor Wiefels
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS , CALIFORNIA
F. D. ALESHIP,E
City Clerk
By /s/ A Sumich. _ /s/ F. D. Aleshi_re
Deputy City Clerk -� u City jana.ger
APPROVED AS TO FORM: APPROVED/ r j
�Z- ,�,.,.1�1:—.=-3;.'�✓ ----_ �e',.e���-�..f'�,P_f�i',.'_,� 6' 1 i ti�_u'`�!."_; +r�7
CI y Act'orney Airport: Director
Date'___ ._ —�— Date :
1.3 li
FEDE► ZAL AVIATION AG44CY
Lease No.: 1223
LEASE � r.c•or . ,� „
FEDERAL AVIATION AGENCY
Control Tower Lease
between AGREEMENT #360 (Original)
Res #8385 , 4-26-65
and
THE UNITED STATES OF AMERICA
r
1. This LEASE, made and entered into this day of
in the year one thousand nine hundred and i i
by and between ';;:, ,
whose address is
for heirs, executors, administrators, successors, and
assigns, hereinafter called the lessor, and the UNITED STATES or AMERICA, hereinafter called the
Government:
WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and
agree as follows:
2. The lessor hereby leases to the Government the following described property, hereinafter
called the premises, viz:
4_,',C
✓ .�
.F-.=.y Tiar:.� }ifs ;F. _. « Y
�'x,
. dt,"at+ ...te.
i . .xe�x. 'Y. .,� ° � i:roilAr..i`E is
J..
Page 1 Form FAA-413 (3-60)
e -�.I ..���, ...�.
�118
� ,- _., ��. - ,� ..i..,.. li„ �
i
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it � _ . ,... W- 1 __[i'1' _ ._. ..��f, 'I .�_i - - __, ._ - ,.. � ., i. .r, i.
lire_. t �.— � _ i._��
. bTogether with a right-of-#
for ingress and egress to and from th mises; �
. �zc4n*�a�e �s�a��stti�k�ki• ci �aatzxs��e:�a]> rx��u��n}��kx>��kktagc�ke��aai�
1� �7��k �xiwtsahansodit�5z# a�ps�em9s and rights-of-way for subsurface power,
communication and water lines to the premises; all rights-of-way to be over the said lands and
adjoining lands of the lessor and, unless hereindescribed by metes and bounds, to be by routes
reasonably determined to be the most convenient to the Government;
And the right of grading, conditioning, installing drainage facilities, and seeding the soil of
the premises, and the removal of all obstructions from the premises which may constitute a hin-
drance to the establishment and maintenance of air navigation and telecommunications facilities.
And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in
or upon the premises hereby leased, which fixtures, additions, or structures 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 termination of this lease or within 90 days thereafter by or on behalf of the
Government, or its grantees or purchasers of said fixtures, additions, structures, or signs.
3. To HAVE AND To HOLD the said premises with their appurtenances for the term beginning
✓ ��� //�4 and ending with June 30, 19 _
4. The Government shall pay the lessor, for the premises, rent at the following rate for the
term set forth in Article No. 3 above:
Payment shall be made at the end of each
" - without the submission of invoices or vouchers.
5. This lease may, at the option of the Government, be renewed from year to year at an
annual rental of $ p, .
and otherwise upon the terms and conditions herein specified. The Government's option shall
be deemed exercised and the lease renewed each year for one year unless the Government gives
30 days' notice that it will not exercise its option, before this lease or any renewal thereof expires;
PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises
beyond the 30th day of June ag' .s.'-; AND PROVIDED FURTHER, that adequate appropria-
tions are available from year to year for the payment of rentals.
6. No Member of Congress or Resident Commissioner shall be admitted to any share or
part of this lease or to any benefit to arise therefrom. Nothing, however, herein contained shall
be construed to extend to any incorporated company, if the lease be for the general benefit of
such corporation or company.
7. This lease is subject to the additional provisions which are set forth on the attachment,
initialed by the parties hereto, and made a part hereof, identified as follows:
Page 2 Fom FAA-413 (3-60)
L` - ___ _ i �� ..., ❑-_, . ., _ _. .r -, i. ail' ..;.I ._ o_. _t.
I .aL . lea `ii��- -�.�.� - l _ .ill , .� '.l a •ll( .,i -�- . `f� �i.. i __. ._ i.
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• IN WITNESS WHEREOF, twarties hereto have hereunto subscrib f their names as of the
date first above written.
As the holder of a mortgage, dated
i
--- - -------- -- - --- - --------------- recorded m �i G��r��`� ��,7e�%1� ���
----- -- - --- y g -- -----------
Cit Mana er Lessor.
Liber ---, pages ---------------
--------- -------------------------------------------
against the above-described Lessor.
premises, the undersigned hereby con-
sents to the foregoing lease and agrees
that if, while the lease is in force, the Lessor.
mortgage is foreclosed, the foreclosure
shall not void the lease.
--------------------- ----------
Lessor.
--------------------------------------------------
Mortgagee. ------" _ ____ _______
Lessor.
THE 'UNITED STATES oF'AM) ICA,
DATE OF SIGi�i,ATURE. IMAM 6 1965 By��/" q 5��'C`G � r"f,iiilY ;j il,fe
Ee Ial k�maLlon noencp
(If the lessor is a corporation, appropriate certificate shall be execute y the secretary or assistant secretary in
the space provided below. Also, if acknowledgment by notary is required, such m¢y be inserted in the space
provided below.)
n �
F. D ALESHIRE _
ilj
-
xx
L
YVONINE I'039'
Cconnoss"IT Exp,rss IV7sy cCa. :S.'rd
E F[ L4
-
U.5.GOVERNMENT PRINIINGOFFICE HU—tr563991 Iag.e '3 176
"""""' rm FAA-413 (3-60)
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',OU=� ,r r .�, , ,. 91 � .u. :.1',�. Jw l: .n ��„f• lh ii. , i , � tl. nir: . �,:i
No. FA65WE-1223
�� 7
�SS[�3472d�n .abi � ,_
No. PAWE65-1223
aider to Ancoopany tense No. FA65WE-1223
We Woorns,raw Vall Win Toe rigov to canceez to Ila OVY'o WIRICS,
' I- --
0.1.1:- . r too nouunntion to 000 syswno, 200 OR ounrallus ON vQ2
Air TWO, GY=371, �-'ower on t""'hc -asn'.�a'6' pv�'zo'--,-ac
10. 51mca SO amicsion of radio signals WAAKU 0 radon; at A= one; of z
Undio cmawYcozzon &KINty, such as this Air TrawkV Macro! Towns,
is likely to Cause sigual with the fanAMY aid nWaUzv,--
QQ Way sty of alzuraft which aro ui9`on oa.'u'
U105 Se ooukro�� "-nel LeSVOI *"reW7 wi-"i ac�,
SRO any an radio WoWnsvTn, WIR UUM-5-
invarger a with she proper Operation of the control Lowe, W&AWY, v-
he nonalimcood on insumiled on propenty of Se Usson within a 1000'
�J'o couker 02 said WKS Wor Winhout the UrRymn
comnor? 09 CBS Were! Aviation Qaacy. Q, in avent IUUL
on inckallIA-1c,0 au'*--,'Pc),,:&zo6 W there to any =30 War9excina, Vbnr�
upon the n'qncv& Uf Me Federal HKOWn h3evvy the W0200 WhOl
"nmo'vu OKA SherOrnam.
H. Me nonss, warunnUo Met no pevoon or aelVag enanny hvs Men *wpjnyQ
an tahnInK to solicit or nanurn this IcapQ vion no agraonmat an unoev-
OQUI03 20Y a UOMMIUK"n, brounruan, on nanwing3w fee,
naccynins Iona Me amployano OT baDa We 00WHOW6 aahwervin! 01:
Ceiling nBlaclev mvintalvad by On Manor for the yar"nne Do vnvuviq'
BUOK000. For breaco an VKHOMA 02 this uarrmy Rha
-ja z Anmoal thin lenne MhhwaL 11&Wzy an in Ws'
d0crWon is doAnct 90DM the Contract Voice on
COMMUSICA, PoWuntage, prokuo""""o, 0�:
M X.SRP: Mrahey alrem Wt in the ave, that rainnak"nu an
of We VAI Ain HOW Goulrol Tovor or ansloneaW RoYM haroUbHorc-
dennilhad to wade necomenry by aRnort or Mages, the
Cocoa Go ouch Wocallon or sholl be Saygenble to 20
Wnter; t0an the Moen Wall havo the "-I'
hum Go ralcivnion at WKWation project MIT be nameaphished in-
QUAIng, bat not Mikes to, tha algina3vin, nice SoRnsviev,
,00jawmano I. eq,oiPmeav, OCISHUISal, %GWITyUnA, =02KE, AlIgY,
APOPIPHon ead, Co the Weizvoy; Rat upon oubmiWon
by tin Mama V ar nothmate W who relocation G2 wudLvjnuvjQu coocc2
tha Manor sball Branufay to ohs Lownen tho fundn Ks "Oro" Wr loo
rahocalWo or AMC Q ;on Lnyc-a'c che
Knonvisn or MOUROMMU awmed vvy Wimmun oubmAnted by Abe Anumen,
the 1:00cr 3ball pay for the Wfeveaye up to ned inulading tea paw2unt
(13%) of the estimated cosac; WA the Lessee Vall We On szoluMa
light to Astermine when a relocation an modWanksom Q2 a MeWng Ir.
womponnal theyoug Lau been w2dn nocauanny by axygom hnProvamouny v�
xamtza; =6 that thin decision shall be 900, it in vGveso hy n&
A"'-P.0 ""-unov and Moen Rhal in Zhu aganK the amol ansaw uk me-
lonoHow or modification 02 a govAIRY cr J. ' -"' ns."
We 0031make submitted by the wcoee 4% Loonor shall pay nvyy the aaounl
nessor'n
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