HomeMy WebLinkAbout01291 - FAA AIRPORT LEASE SUPPL 001 FAA - Lease Amend
Ila Airport Moving Target
Modification/Supplement No. Lease Contract No. act tiveDa Indicators
001 DOT-FA77WE-4192 01-Jul 95 AGREEMENT #1291
Y M05588, 6-21-96
Lessor Accounting&Appropriation Data— --
CITY OF PALM SPRINGS 4/782A0/4-852E/4A1200123211000-50009
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 of Modification/Supplement. Extend the above referenced lease beginning July 1, 1995, through
September 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 year to year and otherwise upon
the terms and conditions herein specified. The Government's option shall deemed exercised and the
lease extended 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 1997."
ALL OTHER TERMS AND CONDITIONS OF THE LEASE ARE HEREBY RATIFIED AND EXCEPTED AS AMENDED HEREINABOVE,SHALL BE
AND REMAIN THE SAME.
0 Lessor is not required to sign this document 0 Lessor is required to sign this document return the
original and_3 copies to the Government.
Lessor Government
CITY OF P ' M SPRINGS UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
BY' By: e[ y i2 a�r� �Cil c %f" ✓
ATTFST: CITY OF PALM SPRINGS, CALIFORNIA Title: Contracting Officer Real estate & Utilities Branch
Date: O2`2^"o I° e�i^r..e" ;`�:�. ' I'_i_4� C'�:' aryl II��u_, YiI-II J
WP Form 4660-14 (3/80)
,af
N ^.I
SITELEGAL DESCRPTTON
3 IMT PORTION OF THE SOUTHWEST ONE—QU47TER OF SEG710N 20, TCIMW
4 SOUTH, RANGE 5 FAST, S.B.N. DM-JWM AS FOLLOWS:
w CONNF.NCING AT THE CENTER OF SAD SECTION 20 AS PVC47ED BY A
ONE-INCH IRON PIPE, TAGGED 'LS. 512r, SAD POWT BM THE
0
Q CENMWNE INTERSECTION OF MESQUITE AVENUE AND MSLEY RaW,
]HENCE SOUTH 171225' EAST ALONG THE CENIERLMiE OF SW CROSSLEY
ROAD A DISTANCE OF 677.94 FEET; THENCE LEAMC SAD CFNZOW E
SOUTH 8r47J5' WEST A DISTANCE OF 21.76 FEET 70 TIE PONT OF
BE12WA G, THENCE CONWUNC SOUTH E9'47 r WEST A DWANQ OF
10.00 FEET; THENCE NORTH 0'1225' WEST A DISTAmm OF /000 FEET.
7HRX NORTH 89'47V EAST A DISTANCE OF 10.00 FEET,• WiCE SOUTH
0'122r EAST A D15TANCE OF 10.00 FEET TO THE PQWT OIF' VSWW
AND THE END OF IRS DfSCRPZW
G9
DawW J.
Slaelsnm o
�- f OF
R L1 4 (J
OCPARIMFNT OF TRANSPORTAIION
_ FEDERAL AVIATION ADMINISIT ION
P. 0., Box 92007 , World Way Postal . Center
Los Angeles, California 90009 t '~rirrr
Lease No.: DOT-FA77WE-4192
Moving Target Indicatorsgw',
Palm Springs , CaliforniaLEASE "'''''i"
FAA to lease 2 small parcels of
City r/w to install moving tar.,
get indicator reflectors
between AGREEMENT iP 1291 (Orig3-1-77)
CITY OF PALM SPRINGS Res 12114, 3-2-77
and 5
THE UNITED STATES OF AMEIRICA
This LEASE, made and entered into this loth day of March
in the year one thousand nine hundred and seventy-seven
by and. between CITY OF PALM SPRINGS
whose address is p. 0. Box 1786 "
Palm Springs , CA 92262 . a.�
for i tself and i is xbxxexetxu Fnt3mftt4x4ty� successors, and
assigns, hereinafter called the lessor, and the UNITED STATES OF AMERICA, hereinafter called the
Government:
W1TNEssETH: The parties hereto for the consideration hereinafter mentioned covenant and
agree as follows:
September "-
1. For the term beginning March 10,1977 ' and ending AxmU30, 1977 the lessor
hereby leases to the Government the following described property, hereinafter called the prem-
ises, viz:
Two plots of land located substantially as depicted on Attachments IA and
1B, and more particularly described as follows :
FAA FORM 4423-2 (11-70) SUPERSEDES FM FORM 413
Page 1
Parcel 1 (substantially depicted on Attachment IA)
That portion of Section 20, T4S, ME, S.B.B.& M. in the City of Palm
Springs, County of Riverside, State of California, 'described as follows :
Commencing at the center of said Section 20; thence S 00 10 ' 09.6" E,
(per record of survey recorded in Book 56, pages 29 to 32, inclusive, of
records of survey, records of. Riverside County) along the north-south center
line of said Section 20, a distance of 675.00 feet; thence S 89' 49 ' 50.4" W,
25.00 feet to the true point of beginning; thence continuing S 890 45' 50.4" W,
5.00 feet; thence N 0° 10' 09.6" W, 5.00 feet; thence, 'N 890' 49'. 50.4" E,
5.00 feet; thence S 0° 10' 09.6" E, 5.00 feet to the true point of beginning.
Parcel ' 2 (substantially depicted on Attachment 1B)
That portion of Section 2, T4S, ME, S.B.B.& M. in the City of Palm _
Springs , County of Riverside, State of California, described as follows :
Commencing at the northeast corner of said Section 2; thence N 890 46 '
27.7" W (per record of survey recorded in Book 56 pages 29 to 32, inclusive,
of records of survey, records of Riverside County) along the north line of
said. Section 2, a distance of 1 ,595 feet; thence S 0° 13' 32.3" W, 35.00 feet
to the true point of beginning; thence continuing S 00 13' 32.3" 'W, 5.00 feet;
thence N 89' 46' 27.7" W, 5.00 feet; thence N 00 13' 32. 3" E, 5.00 feet;
thence S 89' 46' 27.7" E, 5.00 feet to the true point of beginning.
8 3 5
Page lA
H a 6
Le:ko.: DOT-FA77WE-4192
a. Together with a right-of-way for ingress to and from the premises{ aXxnt�Ayd XCXA)Qi
xN'xxDC, AX-P,fiOxXgff X>("OxlxlUti,Mltk)OXR=grtxtkftJxxrmkXMNAIx>X-xPcU1A kMV'AAXK uwly ixMxXAJNX.xie•
MXD3➢t9PxxetiK�6ttfcat�ttu�ttshoaxsxRwdM eKNlhkfJ gkxmMxOcs and right-of-way for subsurface power,
P $ Y "1=§
communication and water lines to the premises; all rights-of-way to be over the said lauds and .:��. ..
adjoining lands of the lessor, and miless herein described by metes and bounds, to be by routes1%'i�'
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, arid 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- ,�ar;wuy
wise upon the terms and conditions herein specified. The Government's option shall be deemed
p
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 9.5 ;XHD4X>�XaG fX➢(x ', �T7PXbCT}f7($XXDf (IXXd3tst14 �X��St(
)�1<�XtnXXtX'X)@X'h°X�jP�,t3(R1Xt')�3111:4�{li'1E'#KX4(➢.Y1XEX1Q;t.1f]t3hibXXa`4XtX'X�tdDf;X
3. The Government shall pay the lessor for the premises : No monetary consideration in thewt='
'orm of rental , it being mutually agreed that the rights extended to the Government herein
tre in consideration of the obligations assumed by the Government in its establishment,
tperation and maintenance of facilities upon the premises hereby >(;$xxxxxxxxxxxxxxxk
eased for the term set forth in Article 1 above, and without cost
' I:f.S 1 ilh
A*XXxxxxxxXXXXXxX>p=)KO0OXfor each
annual renewal exercised by the Government hereafter. � x7tf }�Ryjjygyp
tkxKgRa»kggalxxxxxxxxxxxxxxxxxxa(,tdltR )Uivx%VLAA xyfxxgRUMXM(69>( y h9m
4. The Government may terminate this lease, in whole or in part, at any time by giving 30
clays notice in, writing to the lessor, woclx�aSxxYilXAaYx3A4k FtkttictjdxYPt1 Hx1l sxKxxlyg
k(x)mkwtkxi% 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 con-
poration or company.
Page 2
• I't No,: DOl'-FA77WE-4192 4"
6. The lessor warrants that no person or selling agency has been employed or reLained to so-
licit or secure this lease upon ;In agreement or understanding for a commission, brokerage,percent-
age or contingent fee, except bona title employees or bona fide established commercial or selling »a ,
M,L1t,W
agencies maintained by the lessor lo,r the purpose of securing business. P'or 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,*;U sOQX,)J .Ushall within ninety (90) days thereafter, or within such addi-
tional time as may be mutually agreed upon,AttwxxW restore 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 I above, ordinary wear and tear, damage
by natural elements and by circumstances over which the Government has no control, excepted)
>Rxixd�kx'xxkxxsztt xatzt�kta4ikx�z�ittc�tLmzut�awxbtrcxicxinaxu�cxitufac&rrxDdx�cxastxodkacaoUcxass>,axabinatt�aixbtxx
xsaxx>QxvSY xx�tbaxxkxrixxi3rimx�xaGckbaxxkxxo�&klxaxxxxdso�cxfxxixixr�a4�rxarJcxx�zodx:zxxxixxlaexscx5clxaud�x
xxxaa�xi>nklxx x9�x�Z>�x�tklrcx>t�mG>dxixwtc>ek�ch��owzub;xxktza�xixYdxsexhxiJdxw�4xx�ixika�tnn�dxttrex�lx
�axxarsex���exxbcx�aotia»txr�t�xxxxcrxxxrzbc�Fxrilasax�wxoe�ex#xwz�zx�+cocfaxxRvi#r�lxx��t�xst�r�ue�lx �;..
�dxxxxdaxxxkaxazxs�aaxoix>xxixrtuaxscbinvcxrfx6ae>tx�a�dizaxtiJatwwxiarvi�cxR�mxxa�atLc�bcDsxbexxacx i-,e~E,-;4,,:
Revised as added below
kxkMxRxucaakxMxA-kXxWkx XMxaadxazAAizX=Kt=kxxxyxdaxpaxtva x�ctt�ra�zuplxxxwxxblxux """""
kw.xtxraxic,rzzrx xtax�xxUkzi�zxw>aka?�ckx<xkx.kuciexuszbc�39c�twxxd��'xi�xxxgrxw�cxbc�rDk�cxhexscie,x]xk,MxUYx�c
xtxwa4xxx4txx�lRvcrcwxvc3awx�ti>�,>tDcxa4r�ae�dadxxkxi�ixcc�ta�x�xikvcugxacack x�zati�;�oxx�tkxttrxSaextzxv>tslxaxx��nc
kkx xwrfxf�xbtucxlxhszxxA)txxiec�sdxlz�o�f�thxr(iud�xndvixxx�ll�etx�adk>dxxdbc�xxircicxzxixlxwkrr3cxsrnittmx
xstotbiiax>JRxc�x�c k>�atztx�kx >tix�c na~ca�xbc�xx¢Jxx7oxi7�xktgaat +xw�o]cidx w�exm�r�sxv6xacW7axxirs+ls�xbcrx
xiazcxC�aa�xxtewxxQ��xxAcxixx�uxrlxxxLi:�wz�Ixxa��rctrx:It�aa9exxoCnxa<x�� lakx�XRxkaY-x �,Y.............
>t-iaxxXRkxx#�i�axrzfd>crx�cxx�axximaxkicsz�w�cxa�bcxtdaxck�elaxacser�x�xix6arx�ilroc>dxC�txDnnx �: - ;a�,,.
x�xaaxatocxinnxahsx�dxldk;bxx�x�xa�xx�stxxnr�k�ixaxada>�xcto�x>scuittcr�kiaxxxxa�sta0catarralcxbexi��zuimck�x ��#:�';'K;
>t9�cwxka�kua-xxakexxx�xi�>aJcratxsbxxxxx�sau�xxx�oita�xxxwx�sw�uoxxtsxoa»zwxixuscaucxnext�,vscurzlgxUnx ��:r-�
xnrt�dx>dxrckfca�thxsaxxxrkx�xx�xt�od;kx�csznllz�ka�xuiacixszu�rdrsmxa>dbxoaorxx�»iemusfl�.x�xfa��xiwxr�t��x ""'"'•""•
�axgxxixkax�riacxkx>xx:x4lx<x4cws�ax�das>dk�axx�d6cn�xstxwxa�autwxiict�xtaxiox�xzarrlxxirdcka>o�Lex�vidauwx'x lr � ��,..
>axix,�zx»z>�xkr�ftxtrncxixxaslxRxxd�ax�cfara,xksisrodxooxxafxazxlzsaxaQae�lrz�txxmdueuc�tlnxi�ocscaor3�rgrr�crraeacckx kt�` % +:�;
tlmxx�k>Axbtscxx+x�,zx�fax�xmfc�d�axxaw>bx,xatxxixi�xi�ccxxxaucDarrerxxxzt4nc]~lxaxrcma.xxuMx�x®flluexssx °;,
(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 malting final the decision of any administrative official, representative, or �- `
board on a question of law.
y
rr-
8 a 7
Page 3
8a8
LEASE NO. : DOT-FA77WE-4192
9. This lease 'is subject to the addi tionaI provisions set forth below, which
are made a part hereof, and identified as follows :
TO. Irrelevant wording in the first paragraph and in Articles 1 , 2, 3, 4, and
7 was deleted, and sketches marked Attachments lA and le were added prior to
execution of this lease.
11 . Article 8 (a) was deleted in ijs entirety and revised Article
8 (a) which reads, "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 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 authorized representative, and the ,third member shall
be selected by those two already appointed. " was added prior to execution by either
party.
12. 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, 1995.
13. In the event relocation, replacement, or modification of the reflectors are
made necessary by redevelopment (such redevelopment shall include but not be limited
to, the development within existing and future rights-of-way of the street, roadway
or sidewalks to their ultimate configuration in accordance with the City of Palm
Springs' general plan of streets as it now exists or it may be hereafter legally
modified) or airport expansion, such relocation, replacement or modification will
be accomplished at Federal Aviation Administration expense.
14. In the event that the Airport Surveillance Radar, as installed through
means of Lease No. DOT-FA75WE-3396, is removed or is decommissioned by the FAA,
this lease immediately shall be null and void, and the equipment so installed on
the two sites shall be promptly removed in accordance with the terms and conditions
stated herein.
Page 4.
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 _ By:
e s s o r)
pages DONALD A. F.U^^•iIG I
against the above-described premises , Title: CITY MANZLR
the undersigned hereby consents to the Lessor
foregoing lease and agrees that, if
while the lease is in force the mortgage nTTssT.
is foreclosed, the foreclosure shall not
void the lease.
_ DriU'TY CITY CIE13K
Lessor
Mortgagee
Lessor
DEPARTMENT OF TRANSPORTATION
THE UNITED STATES OF AMERICA
FEDERAL AVIATI0N ADMINISTRATION
By:ta h`�.a..,�. <�A. -�-
MI ALL J. S T P , ReaVty Specialist
u ��� / � �-
Title Real Property & Utilities Section
Date: /D IV„e,4j /977
(Notary Sea] )
Page 5. 8 a 9'
rVey Ot
Gess:f ca•,on %/,/%j'<iL. From Sta 'To Ste. _ L
Daie
N
�3z T45 RSA ti
� U
l C-�
i
_t s• I :.
$ ecftin ii s
16
11
R
v � -
r; r. { C. Fase1E '
Q
, . [« ' /\ } >&y.92 z2 - 7 2< ; j/ : {'}
[ � - - - - . ��
rvey of 71-z j j, �z \,�a �zw\ �
From Sta To Sla.
�Iasslficanor.
I gn
lurvey by Da-ie
} \ - \ { �/
El
� � � � � � < � . ^ • � �\
40 2--7. -7
Atl.
ov,
. . � � /� r\� r ; = s3� ` - \ . . ��\
a sfs (2b
ic
j, va� 9,