HomeMy WebLinkAbout01200 - FAA LEASE SUPPL 1 3a3 „
LEWE MODIFICATION/SUPPLEONT A n
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Modification/Supplement No. Lease Contract No. Effective Date m 0 v
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001 DOT-FA75WE-3396- 01-July 95
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Lessor Accounting & Appropriation Data N
CITY OF PALM SPRINGS 4/782AO/4-852E/4A1200123211000-50009 O o c
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THIS AGREEMENT IS ENTERED INTO PURSUANT TO THE PROVISIONS OF SECTION 302(C)(10) OF THE
FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1994 (41 USC 252)
Description ofModlfication/supplement: "Extend the above referenced lease beginning July 1, 1995,
through June 30, 1997.
Therefore, Paragaph 2 is deleted in its entirety and substituted with the following:
"This Lease may, at the option of the Government, be extended from month to month and otherwise
upon the terms and conditions herein specified. The Government's option shall deemed exercised
and the lease extended month to month 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, or
lease extension thereof expires; PROVIDED, that no renewal or extension shall extend this lease
beyond the 30th day of June 30, 1997."
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ALL OTHER TERMS AND CONDITIONS OF THE LEASE ARE HEREBY RATIFIED AND EXCEPTED AS AMENDED HEREINABOVE,SHALL BE
AND REMAIN THE SAME.
Lessor is not required to sign this document Lessor is required to sign this document return the
original and_3 copies to the Government.
Lessor Government
CITY OF PALM UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FED AL AVIATION ADMINISTRATIOri
ATTEST: Title: Con'tracting Officer ,eal estate & Utilities Branch
() LSt=,(,leer
Date: iY G -- - Date:
WP Form 4660-14 (3/80)
FAA - lease .3 acre for Airport
Surveillance Radar
AGREEMENT #1200 (Orig 1-26-76)
Res 11644, 1-7-76
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
P. 0. Box 92007, World Way Postal Center
Los Angeles, California 90009 1.
Lease No.: DOT-FA75WE-3396 Z.,,, T
ASR-5 j=
T ��y� Palm Springs, California `—
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between
CITY OF PALM SPRINGS
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and
THE UNITED STATES OF AMERICA L�
This LEASE, made and entered into this �f6 Pk_l day of�ZLl-2C2G
in the year one thousand nine hundred and seventy-Six
by and between CITY OF PALM SPRINGS
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whose address is Palm Springs, California 92262 :M
F"fi cur..
for itself and its
�YdiIXLL16Xts [3� FY�1iXiXsuccessors, and
assigns, hereinafter called the lessor, and the UNITED STATES OP AMERICA, hereinafter called the
Government:
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WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and
agree as follows: f
1. For the term beginning J A N 2 6 1976and ending June 30, 19 76 , the lessor r'4
hereby leases to the Government the following described property, hereinafter called the prem-
ises, viz: .,
ASR-5 Plot described as follows:
From the SW corner of Section 7, Range 5 East, Township 4 South, San Bernardino
Base Meridian, proceed North 380 32' 36" East 1975. 09 feet to the point of 1
beginning of the plot; thence North 360 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. WE-D-670-41540-1X.
FAA FORM 4423-2 (11-70) SUPERSEDES FAA FORM 413
Page I
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Lease No.: DOT-PA75WE-3396
a. Together with a right-of-way for ingress to and egress from the premises; H3WC14KtJC3yX
X4�XXk�Ct�[2; "f3txlXxw�Y'�Y�{�yY�Hii<'tiYt`tNFiY1�Y;�}iaY.>�;�nY �ig �{
a Li xaC�=motx3�YX7§ and right-of-way for subsurface power,
communication and water lines to the premises; all rights-of-way to be over the said lands and L---
adjoining lands of the lessor, and unless herein described by metes and bounds, to be by routes �
reasonably determined to be the most convenient to the Government.
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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 air navigation and telecommunications
facilities.
c. And the right to make alterations, attach fixtures, and erect additions,structures, or signs, p
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 effective date of 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.
2. This lease may, at the option of the Government, be renewed from year to year and other- l* ;°
wise upon the terms and conditions herein specified. The Government's option shall be deemed
exercised and the lease renewed each year for 1 year unless the Government gives the lessor 30 �
clays written 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 prem-
ises beyond the 30th day of.June 1995 � � el�Ht f
xtbr�xxux�utxxA'rti�t�x�xr>iw�}tx�3t3�.�xxx�raxxw���xxxl�Y�ix3;iXifi i7l�si� '
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3. The Government shall pay the lessor for the premises : No monetary consideration in the
form of rental, Government herein
it being mutually agreed that the rights extended to the -3
are in consideration of the obligations assumed by the Government in its establishment,
operation and maintenance of facilities upon the premises hereby leRWi XXXXXMUXW
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for the term set forth in Article 1 above, and without cost
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annual renewal exercised by the Government hereafter. 1 �xx K)D%KXUKDCi[iC ylil `—
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5. 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 con-
strued to extend to any incorporated company if the lease be for the general benefit of such cor-
poration or company.
Page 2
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Lease No.: DOT-PA75WR-3396
6. The lessor warrants that no person or selling agency has been employed or retained to so-
licit or secure this lease upon an agreement or understanding for a commission, brokerage, percent-
age or contingent fee, except bona fide employees or bona fide established commercial or selling
agencies maintained by the lessor for the purpose of securing business. For breach or violation of .
this warranty, the Government shall have the right to annul this lease without liability, or in its
discretion to deduct from the contract price or consideration, the full amount of such commissions,
brokerage,percentage, or contingent fee.
7. The Government shall surrender possession of the premises upon the expiration or the
effective date of termination of this lease. If the lessor,by written notice it least 30
days before the expiration or the effective date of termination requests restoration of the prem-
ises, the Government XMUW shall within ninety (90) days thereafter, or within such addi-
tional time as may be mutually agreed u on,X%
g P MOX�restore the premises to as good condition �ey
as that existing at the time of the Government's entering upon the premises under this lease
(changes to the premises in accordance with paragraph 1 above, ordinary wear and tear, damage
by natural elements and by circumstances over which the Government has no control, excepted)
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Revised as added below. . . . . i
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(b) This "Disputes" clause does not preclude consideration of law questions in connectionY1• '
with decisions provided for in paragraph (a) above: Provided, That ncthing in this contract .r
shall be construed as making final the decision of any administrative official, representative, orboard on a question of law.
8. (a) Except as otherwise provided in this contract, any dispute concerning a 7,
question of fact arising under this contract which is not disposed of by agreement
shall be decided by a three person arbitration team. one member of the team shall � ..
be selected_ by the City, one member shall be selected by the Secretary or his duly C�
authorized representative, and the third member shall be selected by those two
already appointed.
Irf�
Page 3
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Lease No.:
9. This lease is subject to the additional provisions set forth below, which are made a part
hereof, and identified as follows:
Articles 10 through 22 were added prior to execution by either party.
10. The initial term of this lease shall be as stated in Article 1 . Subse-
quent terms if the renewal terms of Article 2 are exercised, are: i
(1 ) July 1 , 1976 throu h September 30, 1976 ; (2) October 1 , 1976 through
September 30, 1977; (3} and thereafter from October 1 through September 30
of succeeding fiscal years.
11 . Article 2 of this lease is modified to read. . . .PROVIDED that no renewal
thereof shall extend the period of occupancy of the premises beyond the c°
30th day of September 1995. ;
—
12. Meter readers entering onto airport property shall comply with airport
security regulations. Failure of the meter reader to comply with air-
port 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.
13. The Government shall indemnify and save harmless the Lessor for and against
all claims for compensatory money damages for injury or loss of property "-
or personal injury or death caused by the negligent or wrongful act or ,;
omission of any employee of the Government while acting within the scope
of his office or employment under circumstances where the Government, if
a private person, would be liable in accordance
lwiitth{ the law of the place
IN WITNESS WHEREOF, the parties hereto have hereunto slr seribed g, a naMes a� of the
date first above written. b
CITY OF PALM SPRINGS 6
As the holder of a mortgage, dated__.--------__ --
Sa pz:
_____, recorded in Liber
BY= / -
----- ---------- - --- - --
k:
________________ ___________. l .
---------------------------------I pages ---------------------------� (Les,sor) /
against the above-described premises, the un- Titl City Manager
- - - - - - ,dersigned hereby consents to the foregoing -- --- -----------
(Lesson � - ,
lease and agrees that, if while the lease is in ATTE t ,
- - ---- --- ----------c-r` ------.... - - O >°�. ...
force the mortgage is foreclosed, the foreclo- (Lessor) o-
sure shall not void the lease. By: Deputy City Clerk
---------------------------- ---- ------------------------------- ---------U `n i
(Lessor) Q
--------------------. --------.-----------.__._..------- �.�,: ,.
(dlortgagee) ..__________________.______...__________________._..__.____.._____.._______ [
(Lessor) 0 U
�.Pr:11. � i'�•� I' ( i,�., ,. .._.,� , _,..�., THE UN PI STATr OF AM ICA nx•
a
�C6�� B�n 3 Reialist
E ARrM p9Aty-.&RL,a 11.tiescS�ection.
(Notary Sear._ - -
Y ) Title_-__ s, -
1J76
Date; - - - -----------------------------
I
Page 4
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where the act or omission occurred. The foregoing indemnity shall not
extend to claims based upon acts or omissions of the Government's
employees for which the Government would not be liable under the Federal
Tort Claims .Act of 1945 (28 USC 2671 et seq) as now or hereafter amended.
The Lessor shall furnish the Government with reasonable notice of any
claims made against the Government.
14. It is mutually agreed by the parties that the proposed airfield develop-
ment as shown on the present Airport Layout Plan , dated March 10, 1972, 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.
15. Structures with a maximum height of 20 feet may be permitted within the
1 ,000 foot radius facility restricted area; provided however, that prior to
any construction activity on land area owned by the Lessor within that
radius , FAA approval will be obtained in writing by the Lessor, although
it is mutually agreed that proper radar signal absorption material is com-
mercially available, in order to make certain construction within the 1 ,000
foot radius possible. In the event any improvements placed upon airport
property by the Lessor derogate facility operation , provisions of FAA
Advisory Circular No. 150/5300-7B, dated November 8, 1972, will apply, but
only to the extent of relocation on airport property. Lessor shall therefore
not be responsible for relocation to a site off airport property.
16. Restrictions to provide protection for the proper operation of the Palm Springs
ASR-5 facility are described as follows:
The Lessor further agrees not to erect or to allow to be erected on the
property of the Lessor, any structure or obstruction of whatsoever kind or
nature as will exceed the following height as depicted on Exhibit "B" :
These heights shall include 20 ft. above site elevation (438 ft. MSL) within
a circle of 1 ,000 feet radius from the center of the antenna on property lo-
cated at the airport. Between azimuth angles of 095 and 145 degrees (True)
as well as 275 to 320 degrees (True) the heights shall be limited to 60 ft.
+438 above MSL from 1 ,000 feet to 2,000 feet from the center of the antenna,
7C ft. +438 ft. above MSL from 2 ,000 ft. to 3,000 ft. from the center of the
antenna and 80 ft. +438 ft. above NISL from 3,000 ft. to 4,000 ft. from the
center of the antenna.
17. Right of Access over existing abandoned taxiways No. 4 and No. 6 as shown
on attached Drawing No. WE-D670-41540-2X.
18. Underground Cable System extending from the ASR-5 plot to the existing Air
Traffic Control Tower as shown on attached Drawing No. WE-D670-41540-2X.
19. Irrelevant wording in Articles 1 , 2 , 3 , and 7 was deleted prior to execution.
Articles 4 and 8a were deleted in their entirety, substituting a revised
Article 8a added prior to execution by either party as well as sketches and
Advisory Circular, and the Airport Layout Plan.
20. The City of Palm Springs is permitted to provide additional landscaping and to
erect a curtain wall around the ASR site for aesthetic purposes subject to FAA
concurrence. The FAA will expend an amount not to exceed $1 ,000.00 for the
initial landscaping and will provide recurring maintenance.
Page 5
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21 . The FAA shall cause the entire facility to be painted in a
color to be approved by the City.
22. Notwithstanding any other provision of this agreement nothings`'
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 the 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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Page 6
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AC NO, 150/5300-7B
-jOF 7Rq DATE: 8 Nov 72
ADVISORY
10
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C'IFLAR
DEPARTMENT 07 TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SWE n. FAA POLICY ON FACILITY RELOCATIONS OCCASIONED BY AIRPORT
IMPROVEMENTS OR CHANGES
1. PURPOSE, To reaffirm to the aviation community the FAA policy governing
responsibility for funding relocation, replacement and modification to
air traffic control and air navigation facilities that are made necessary
by improvements to changes to the airport. The term "airport owner" used
herein refers to the political subdivision, military service, or other
authority responsible for airport operations and improvements.
• 2, CANCELLATION: AC No. 150/5300-7A effective 27 Sep 71 is cancelled,
3. CLASSES OF FAA FACILITIES, FAA facilities located on airports and sub-
ject to the funding policy of this circular, are classified as follows:
a. Class I. This class includes the facilities and components that
are exclusively used in support of the airport or from which primary
benefits are derived by the airport since the facility is located
thereon. Examples are:
Remote Transmitter/Receiver (Tower)
Airport Traffic Control Tower
Airport Surveillance Radar
Airport Surface Detection Equipment
Precision Approach Radar
Instrument Landing System and Components
Approach Lighting Systems and Components
Visual Landing Aids
Direction Finding Equipment
VOR, TVOR and VORTAC used for Instrument Approach
Weather Observing and Measuring Equipment (owner
and operated by FAA)
Central Standby Power, Plant
Initiated by: ABU-10
0 44,
AC 150/5300-7B B No 72
b. Class II_. This class includes the facilities and components that 0.1
service a wide area and are located on the airport as a matter of
convenience. Examples are;
Long Range Radar
Air Route Traffic Control Centers
Peripherals (Remote Control Air--Ground
Communication Facility)
VOR and VORTAC (enroute only)
Flight Service Station
Remote Communications Outlet
Limited Remote Communications Outlet
4. RESPONSIBILITY FOR FUNDING,
a. The Airport Owner.
(1) The airport owner is expected to pay (and the agency shall not
pay any part of the costs other than might be provided under
Airport Development Aid Program funding) for, the relocation, re-
placement or modifications of FAA air traffic control and air
navigation facilities or components thereof made necessary by
airport improvements or changes, when:
(a) Class I facilities must be relocated, replaced or modified •
because the airport improvement or change impairs the tech-
nical. and operational characteristics of the FAA facility.
(b) Class I facilities must be relocated, replaced or modified
to permit the extension of runways or construction of new
runways and taxiways or other improvements to the existing
airport facilities; for example: expansion of parking areas ,
terminal buildings, and aircraft service areas.
(c) The FAA has a ,lease, permit, license, or other document
covering Class II facilities that. gives FAA a legal basis
for requesting that the airport owner assume the cost- of
relocation.
The foregoing are the normal circumstances under which fir;.,ici.ng
-responsibility should rest with the airport owner, however cir-
cumstances other than the above will be determined on a case-
by-case basis.
(2) where the airport owner grants other parties the -right to con-
struct hangars, other buildings , and/or facilities that impair
or interrupt the technical and operational characteristics of
air traffic control or navigation facilities, the agency expects
the airport owner to pay for the relocation, replacement or
modification of these facilities or components thereof-. Payment
to FAA may be made either from recovery of costs from the other
parties or from other sources available to the airport owner.
Page 2 Par 3
r 0 0
i 8 Mov 72 AC 150/5300-7B
7 (3) The need for uninterrupted service from some Class I facilities
is recognized. This will require special methods for accom-
plishing the work in order to avoid interruptions of service. In
such cases, funding for provision of temporary facilities re-
quired to maintain continuity of service is expected to be the
airport owner's responsibility. However, it is FAA policy to
avoid modernizing or upgrading a facility at the airport owner's
expense.
b. The FAA. It is general FAA policy to fund the following:
(1) Relocation into quarters provided by the airport owner when
requested by FAA.
(2) Relocation of Class II facilities, located on the airport but the
presence is not authorized by a document described in 4.a. (1) (c)
above, or the presence on the airport has been assured by un-
written consent of the airport owner.
(3) Relocation of facilities to meet FAA operational requirements or
because of technical reasons that are inherent in the site and not
caused by airport improvements or changes.
(4) Modernization/expansion costs to meet FAA operational requirements,
When a modernization/expansion project is undertaken concurrently
with a facility relocation that the airport owner finances, FAA
pays only for those costs which would have been expended to meet
FAA needs. For example, upgrading an ILS/ALS from CAT. I to
CAT. II, adding direct altitude and identification readout to
ASR, expanding a tower facility to accommodate ARTS III, etc. ,
concurrent with a relocation of the existing facility that is
financed by the airport owner.
(5) Relocation of Class I facilities to a new or another existing
airport meeting the necessary physical and operational require-
ments to qualify for Class I facilities, when the receiving
airport will replace the airport from which the facilities are
being relocated.
(6) Relocation of Class I facilities, upon recognition by FAA of the
necessity for a new or newly designated instrument runway on the
same airport, in order to achieve more effective use of these
facilities, except in the case of a new runway covered by 4.a.
(1) (b) =
(7) Flight inspection required for relocation of facilities where the
airport owner is one of the military services (Friendship Agree-
ment) .
Par 4 Page 3
AC 150/5300-7B "
8 Nov 7"P
C. Ot'.I1P_T FundZ. In the event that relocations, replacements or modi-
fications of facilities are necessitated due to causes not attributable illy
to either FAA. or the airport owner, funding responsibility shall be
determined by the FAA on a case-by-case basis.
5, ACCOMPUSHMENT OF WORK.
a. Reponsibility. FAA shall have exclusive right to determine how all
facets of the relocation of an FAA facility will be accomplished,
This includes but is not limited to the engineering, site selection,
procurement of equipment, construction, installation, testing, flight
inspection and recommissioning of the facility.
b. Reimbursable Agreement. The airport owner and FAA shall negotiate a
reimbutsable agreement setting forth all essential elements pertinent
to the relocation, replacement or modification of an FAA facility.
The agreement shall stipulate that in the event actual cost is less
than the estimated cost, the sponsor will pay only the actual costs;
similarly, if actual cost exceeds FAA estimated coat, the sponsor will
pay the actual cost,
J, H. SHAFFER
Administrator •
DEPAIMIIFINT OF TId.ANSPORTATION '^
rBI)BIAL AVIATION ADMINISTRATION
Wasitington, D.C. 20591 POSTAcu AND FU%S PAID
G100P,6AL AVUTION
Ofnci nl Business &MI(NISTRATION '^
DOT 60) U.S.MAIL
PENALTY FOR PRIVATE USE,$300
Page 4 Par 4
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