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Home My WebLink About01240 - FAA AIRPORT LEASE WEATHER Kathie Hart From: Janet Sheraton Sent: October 21, 2010 6.42 AM To: Kathie Hart Subject: RE: All240 - FAA Weather Eqt V Yes, I do not recall seeing this. Thank you, v�' Janet Sheraton Airport Asset Manager rn�` Palm Springs International Airport U 3400 E. Tahquitz Canyon Way, Suite OFC �d Palm Springs, CA 92262 760.318.3808 760.318.3815 (fax) Janet.Sheraton@palmspringsca.gov website: www..p_.a...l_ms.pringsa.rpo....rt,_.c...o_m From: Kathie Hart Sent: Wednesday, October 20, 2010 5:15 PM To: Janet Sheraton Cc: Jay Thompson Subject: A1240 - FAA Weather Eqt Janet: This is an agreement that was approved in 1976 expiring in 1996. Our records indicate it is still open. May I close it? Your assistance will be appreciated. V- Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 "`' (760) 323-8206 '- (760) 322-8332 Y< Kathie.Hart@PalmSpringsCA.gov Please note that City Hall is open 8 a.m. to 6 p.m. Monday through Thursday,and closed on Fridays at this time. 10/21/10 n � �J J AGREEMENT #1240 - FAA Ise .0207 ac for site & . 7005 ac for esmnt DEPARTMENT OF TRANSPORT Weather Equipment - 20 yrs 6-30-96 FEDERAL AVIATION ADMINISTRA Res #11853, 7-7-76 P. 0. Box 92007, World Way - Los Angeles, California 90009 Lease No.: DOT-FA76WE-3685 Centerfield Weather Equipment LEASE Palm Springs, California between CITY OF PALM SPRINGS and THE UNITED STATES OF AMERICA This LEASE,made and entered into this (`74 day of in the year one thousand nine hundred and seventy-six f1// by and between CITY OF PALM SPRINGS whose address is Palm Springs, California 92262 for itself and itseswtnrnl s>lmdnistu , successors, and assigns, hereinafter called the 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: September 30, 1976 1. For the term beginning and ending the lessor hereby leases to the Government the following described property, hereinafter called the prem- ises, viz: (SEE PAGE 1A FOR DESCRIPTION) FAA FORM 4423-2 (11-70) SUPERSEDES FM FORM 413 Page 1 �� : 1 � . LEGAL DESCRIPTION FILM SPRINGS MUNICIPAL AIRPORT FILM SPRINGS, CALIFORMIA CEtiTERFIELD WEATHER EQUIPMENT FEBRUARY 26, 1976 That portion of land hereinafter called parcel one, situated in Section 18, R5E T4S, S.B.B&M- , County of Riverside, State of California, described as follows: Commencing at the northwest corner of Section 18, R5E,T4S, S.B.B.&M. , Thence 347039'53"E, 1159.09 Feet to the TRUE POINT OF BEGINNING, Thence N36040'1.3"W, 30.00 Feet, Thence N53019147"E, 30.00 Feet, Thence S36040'13"E, 30.00 Feet, Thence S53019'47"W, 30.00 Feet to the TRUE POINT OF BEGINNING. Containing 0.0207 acres more or less. And an easement for keeping said easement clear of all building, trees, parking, storage, vegetation over 6 inches tall and, any activity and other improvement which would derogate weather instrumentation. Said easement being that portion of land situated in said Section 18 and encompassed by a circle of 100.00 foot radius, the cneter of which is the center of before described parcel one, Except the land before described as parcel one, Containing 0.7005 acres more or less. Basis of bearings is the California Coordinate System. Page 1A. �1 � . Lease No.: DOT-PA76WE-3685 a. Together with a right-of-way for ingress to and egress from the premises; xiCSYx fuss iy KNSS�$�.YfXXr`,FiXXaC•Yvi7Xd[fSSYiP:F}SIuYXSLSuSARiXi$SSX�i6Viii3i'iRbi'X7.'i41Xk1iFYXXbFSS�TiPX4'Y.ViLT'WV,K[.e�x+XiTSTiuu. y, y�e 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 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. 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, 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- 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 days 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 19 96 ; 3. The Government shall pay the lessor for the premises : 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 RMUXXXXXXXXXXXXX �w -r for the term set forth in Article 1 above, and without cost OFUIU XXXXux )TgNa,XUX for each annual renewal exercised by the Government hereafter. k1XYiv'tid'T�Rk�Ci�xxXXuuxxuxxxxxxxXXSIJi"�X1�y15NsYcpx+�1'k�i�FxtS�"ia$71Hu�Tik�X,Yk��r�xsr. 4. The Government may terminate this lease, in whole or in part,at any time by giving 90 days notice in writing to the lessor, xex�>xxacgcaxx�alxshxarocsa�xai txi�tx�atacx k"Min:atX= Said notice shall be computed commencing with the day after the date of mailing. 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 Le No.: DOT-FA76WE-3685 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 at least 30 days before the expiration or the effective date of termination requests restoration of the prem- ises, the Government XCIMMIMM shall within ninety (90) days thereafter, or within such addi- tional time as may be mutually XjXOPdUQHflWWR1QW,,jMestore the premises to as good condition 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) or(�) s alc2 a . uital�le adjustxnen#ax�the leas�amou..+ f^, ,=o:-�..9_H� ^es(� restoration of the- akieof-t e gees i urtres - c •ate is-les hoald-- -a-mntuafl�-aeeept�Hle-settlement-be--made-hereunde�tl�e-parties-shall-enter-i��.- -agr-eeiFfl t her-ete-effect3Rg-such-ag-reement.-F--arltziT-to-agree-to-anysuclrequitablg acTju`stment sha11— �,nn+o nnn rovnin rc,�Tg.�i oc+inn of fa + �,'4h' 4h mnanip„�rr_gf�lihU,6e-g-Of-tltl3-lea3£—' Revised as added below. 8. (a) )wept asothsrwise �rovidaa��n�+his eonkract any-disgu esrnz z3irtg a questien-ef faet-as"ising-xndei thi e -,Gontrae4ng-OfReer-,- vho-shall-redu co-hi s-decision-to writing-and-nrail-or-otherwise-furnish-a-copes-- tl�r�of_t�the-lesser Thy a,�.�;�iazl�f�h�.G4xt+ram+;»�nPcxa,eer-eia}i-i�;a�ai aitii t,u,tt,lusiVe-n7cles5- within 2n��-da s fxom-th"ate,af_ueci;t of znrh oppy _lessor-mails-er-otherwise-furnishes--to- the--Gontraating-0fficer--a written-appeal addressed to the-9ec-retar3-,Department-of-T-ranspor-ta- tion Thy_decision-of_the_Secretor -or-his-dulyauthorized-repr6sentaA* `or hL- nation of-sue-h-appeals-shall-be-final-aridreonclusivg-unless-determined-by-a-ce,urt of-competent-lunisdie- tmn-te-have-been€xaadulent;or c-apri,=us,-or-arbitrary;or %o-gressly-erroneous-a"eeessarily4a-- s5,,,t)n-TA+h--aiTy-app-Lal--p=eed- Bderthis Opugel the le4SOrshall be ffortl d an nppnrfunify to he heard and +n nffar ayidenea h�ou�derrtlxe-lesser-shall-preveed-dili- ge t4y With t « F ..4 4e eiant, 4 and in _ __rd -__ with the LRe GonT ractffir -Tf�—_.f� _.de�e�imw@rR-- i+a5 `tea+al:Cl J (b) This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above: Provided, That nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 8 (a) Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agree- ment 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 authorized representative; and the third member shall be selected by those two already approved. Page 3 • Ose No.: DOT-FA76WE-3685 9. This lease is subject to the additional provisions set forth below, which are made a part hereof, and identified as follows: a . The initial term of this lease shall be as stated in Article 1. Subsequent terms, if the renewal terms of Article 2 are exercised, are: (1) October 1, 1976 through September 30, 1977; (2) and thereafter from October 1 through September 30 of succeeding fiscal years. b. 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 30th day of September 1996. C. In the event the relocation, replacement or modification of FAA air traffic control and air navigation facilities or components thereof are made necessary by airport improvement or changes, the Lessor agrees to the provisions of FAA Advisory Circular No. 150/5300-7B, dated November 8, 1972. d. Irrelevant wording on Page 1 and in Articles 2, 3, 4, and 7 was deleted prior to execution. Article 8a was revised in its entirety. Page 1A, Page 5, Advisory Circular, and Sketch were added prior to execution of this lease. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. As the holder of a mortgage, dated-----------__ CITY OF PALM SPRINGS ----------------------------------- - --- recorded in Liber B --------------------------------- pages ---------------------- (Lessor) against the above-described remises, the un- Donald A. Blubaugh, City nager ----------------------- ersigned hereby consents to the foregoing (Lessor- - )------------------------------------ lease and agrees that, if while the lease is in Attest,___-__ __ --------force the mortgage is foreclosed, the foreclo- (Lesgo,p - -------------`---------------------------------- sure shall not void the lease. B `- -a._- -..�- -------------------'-- -- ------------------------------------- (Lessor) - -------- -------- -- ------- --- -- _-____Judith__Sumich_,__Deputy_ City_Clerk _______ - ---------- (Mortgagee) (Lessor) THE UNITED STATES OF AMERICA B %C-}____ 1 ?�__ �LG�/�4�,`„_t✓4'it ./_Z�,+�°dC"',/1x/2 .ccG.t/: A`i;EDA M. LA A11l''tng Chief T (Notary Seal) Ti le__Real Property &�utilities__Section - - ---------- APPROVED BY THE CITY COUNCIL Date: By Res. 11853, 7-7-76. = '=i/L�f -- -----�d j V t U Page 4 n OS GOVERNMENT PRINTING OFFICE 1975-673841 Lease No. : DOT-FA76WE-3685 10. 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 with the law of the place 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. 11. 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 centerfield weather equipment. Therefore, those planned improvements will not, if constructed, cause the relocation of the centerfield weather equipment. Page 5 t BOGIE 12 {•,7 ? 3 6 I C \ I R D. — 13�1 �. Z .S67. 37 ' � I 63 + 04-.s7 �91 / PT• OF CONNEC- TION To EXIST. ; CABLE,$ -CABLE ROUTE —TRUE PT OF / 61-GINNING FROM TFIUE PT OF r, BEGINNING `Q N 6° 4 Or 13 W 30. 00 _ N 53 ° 19' 47° E 30.00 < Q S 36° -0' `V3" E 3a �O� F s S30 trl ' 4-)" w 30. 00 TO TRUE PT, OF BEGINNING � � A.T. C. T. CENTERFIEIQ WLATNc? {nQtIIPMENT .; 1TE PALh�� SPF.irI�S _rnural. A�F ,,.�� D,9TF "�i;(•/7b � : Ll.l� Z F D i 11� •� r,r , • 0 AC NO: 150/5300-7B OF i DATE: 8 Nov 72 SAS RA�,Sn ADVISORY aP v� O Z O 2'�FO S7gYES OF CIRCULAR DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SUBJECT: 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 AC 150/5300-7B 8 Nov 72 ' b. Class II. This class includes the facilities and components that • 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 financing 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 • 8 Nov 72 AC 150/5300-7B (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. I1, 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 72 c. Other Funding. In the event that relocations, replacements or modi- • fications of facilities are necessitated due to causes not attributable to either FAA or the airport owner, funding responsibility shall be determined by the FAA on a case-by-case basis, 5. ACCOMPLISHMENT OF WORK, a. Responsibility. 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 reimbursable agreement setting forth all essential element's 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 cost, the sponsor will pay the actual cost. J. H. SHAFFER Administrator DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Washington, D.C. 2050J. ro PRDR AND FEES PAIDb'EDERAR AVIATION ADMINISTRATION Official DnsSness DOT 515 U PENALTY FOR PRIVATE USE, $300 • Page 4 Par 4