HomeMy WebLinkAbout01322 - FAA AIRPORT LEASE FAA - Lease Extension
Remote Transmitting Facility
Airport
AGREEMENT #1322
��B�i�l .'S M06009 7-30-97
--
���`''�� ' FEDERAL AVIATION ADMINISTRATION
Lease No.: DTFA08-97-L-17236
Facility: Remote Transmitting Facility
U.S. Department Palm Springs Regional Airport
of Transportation Palm Springs, California
LEASE
Between
CITY OF PALM SPRINGS
and
THE UNITED STATES OF AMERICA
This Lease, made and entered into this J clay o m the year 1 q V-]
by and between City of Palm Springs
who address is:
3400 East Tahquitz Canyon Way
Palm Springs, California 92262
for itself and its administrators successors and assigns hereinafter referred to as 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:
1. PREMISES
The Lessor hereby leases to the Government the following described property, hereinafter
referred to as the premises, viz.:
(SEE LEGAL DESCRIPTION ON PAGE 2)
Federal AviatiornAdministration Page 1
• Lease No.: D*08-97-L-17236
LEGAL DESCRIPTION
PARCEL ONE
That portion of land situated in Section 12, Range 5 East, Township 4
South, San Bernardino Base and Meridian, County of Riverside, State of
California, described as follows:
Commencing at the Southeast corner of Section 12, thence North 10 12,
20" West, 3, 339.19 feet to the TRUE POINT OF BEGINNING, thence South 10 12,
52" East, 120. 00 feet, thence South 88' 47' 08" West, 120.00 feet, thence
North 1° 12' 52" West, 120.00 feet, thence North 880 47' 08" East, 120 .00
feet, to the true point of beginning, containing 0.3306 acres, more or less.
PARCEL TWO
An easement over that portion of land situated in Section 7 and 12 and
encompassed by a circle of 1, 000-foot radius, the center of which is the
center of the above-described Parcel One. Within this easement area, the
property shall he kept free from obstructions above the elevation of 489 feet
MSL, said elevation being 35 feet above the ground level of Parcel One.
PARCEL THREE
An easement consisting of a strip of land 15 feet in width for the
purpose of establishing and maintaining a driveway, the centerline of said
strip of land being described as follows:
Commencing at the true point of beginning for the above-described Parcel
One, thence South 10 12' 52" East, 120. 00 feet, thence South 880 47' 08" West,
65.00 feet, to the true point of beginning of said centerline, thence South 30
51' 25" East, 1,301.38 feet, thence South 210 12' 52" East, 530.00 feet, to
the true point of ending, containing 0.6306 acres, more or less.
The basis of bearings for said parcels is the section line South 890 38,
05.7" East, established between the northwest corner of Section 18 and the "
north Quarter corner of Section 18 as shown on Record of Survey 56/30 of the
County of Riverside, State of California.
Federal Aviation,A ministration Page 2
• Lease No.: 6FA08-97-L-17236
(a) Together with a right-of-way for ingress to and egress from the premises; a right-of-
way for establishing and maintaining a pole line or pole lines for extending electric power and/or
telecommunication lines to the premises; and a right-of-way for subsurface power,
communication and/or 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 otherwise, 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 Government facilities.
(c) And the right to make alterations, attach fixtures, and erect additions, structures, or
signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or
signs 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 date of expiration or termination of this lease, or
within ninety (90) clays thereafter, by or on behalf of the Government, or its grantees, or
purchasers of said alterations, fixtures, additions, structures, or signs.
2. TERM
For the term beginning OCT. 1, 1997 and ending SEP. 30, 1998.
This lease may, at the option of the Government, be renewed from year to year 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 (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 2017.
3. CONSIDERATION
The Govermnent shall pay the Lessor 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.
4. NON-RESTORATION
It is hereby agreed between the parties, that upon termination of its occupancy, the
Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the
property which is the subject matter of this lease. It is further agreed that the Government may
Federal Aviation Administration Page 3
• Lease No.: D*08-97-L-17236
abandon in place any or all of the structures and equipment installed in or located upon said
property by the Government during its tenure. Such abandoned equipment shall become the
property of the Lessor. Notice of abandonment will be conveyed by the Government to the
Lessor in writing.
5. INTERFERENCE WITH GOVERNMENT OPERATIONS
The Lessor agrees not to erect or allow to be erected any structure or obstruction of
whatsoever kind or nature on the site or adjoining land within the airport boundaries that may
interfere with the proper operation of the facilities installed by the Government under the terms
of this Lease unless consent hereto shall first be secured from the Government in writing.
6. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES
The Lessor agrees that any relocation, replacement, or modification of any existing or
fixture Government facilities covered by this Lease during its term or any renewal thereof made
necessary by airport improvements or changes which in the Government's opinion interfere with
the technical and/or operational characteristics of the Government facilities will be at the expense
of the Lessor, except, when such improvements or changes are made at the written request of the
Government. In the event such relocation's , replacements, or modifications are necessitated clue
to causes not attributable to either the Lessor or the Government, funding responsibility shall be
determined by the Government.
7. HAZARDOUS SUBSTANCE CONTAMINATION
The Govermment agrees to remediate, at its sole cost, all hazardous substance
contamination on the leased premises that is found to have occurred as a direct result of the
installation, operation, and/or maintenance of the Government's facilities. The Lessor agrees to
remediate, at its sole cost, any and all other hazardous substance contamination found on the
leased premises. The Lessor also agrees to save and hold the Government harmless for any and
all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found
on the leased premises not directly attributable to the installation, operation and/or maintenance
of the Government's facilities.
8. QUIET ENJOYMENT
The Lessor warrants that they have good and valid title to the premises, and rights of
ingress and egress, and warrants and covenants to defend the Govenument's use and enjoyment
of said premises against third party claims.
Federal Aviation,Administration Page 4
• Lease No.: D*08-97-L-17236
9. OFFICIALS NOT TO BENEFIT
No member of or delegate to Congress, or resident commissioner, shall be admitted to any
share or part of this contract, or to any benefit arising from it. However, this clause does not
apply to this contract to the extent that this contract is made with a corporation for the
corporation's general benefit.
10. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or agency has been employed or retained to solicit or
obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide
employee or agency. For breach or violation of this warranty, the Government shall have the
right to annul this contract without liability or, in its discretion, to deduct from the contract price
or consideration, or otherwise recover the full amount of the contingent fee.
11. ANTI-KICKBACK
The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1)
Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting,
or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any
kickback in the contract price charged by a prime Contractor to the United States or in the
contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.
12. PROTEST AND DISPUTES
All contract disputes arising under or related to this contract or protests concerning
awards of contracts shall be resolved under this clause, and through the Federal Aviation
Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in
accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of
the FAA shall be considered a final agency decision only after a contractor or offeror has
exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute
Resolution System. Protests must be filled with the Office of Dispute Resolution within 5
calendar clays of the date that the protester was aware, or should reasonably have been aware, or
should reasonably have been aware, of the agency action or inaction which forms the basis of the
protest. Unless otherwise stated in this contract dispute by the contractor against the government
shall be submitted to the Contracting Officer within 1 year after the accrual of the contract
dispute. Information relating to submitting a protest or dispute will be provided by the
Contracting Officer, upon request.
Federal Aviation,Administration Page 5
• Lease No.: D48-97-L-17236
13. LESSOR'S SUCCESSORS
The terms and provisions of this lease and the conditions herein bind the Lessor and the
Lessor's heirs, executors, administrators, successors, and assigns.
14. NOTICES
All notices/correspondence shall be in writing, and shall be addressed as follows (or to
such other address as either party may designate from time to time by notice or correspondence
to the other):
TO LESSOR: City of Palm Springs
Palm Springs Regional Airport
3400 East Tahquitz Canyon Way
Palm Springs, California 92262
TO GOVERNMENT: Department of Transportation
Federal Aviation Administration
Real Estate & Utilities Team , AWP-54B
P.O. Box 92007, World Way Postal Center
Los Angeles, CA 90009-2007
15. The following are attached and made a part hereof: Sketch marked "EXHIBIT `A' "
16. The following changes were made in this lease prior to its execution: None.
17. The City of Palm Springs was permitted by the FAA to install a receiver unit at the FAA
RTR Site on Palm Springs Airport March 14, 1985 and is permitted to keep the receiver unit
attached as long as said unit does not interfere with the existing FAA RTR Unit's operation.
Should an interference occur, then the City of Palm Springs will be notified to remove unit
immediately upon notification at the City's expense.
Federal Aviation,Administration Page 6
® I,
. Lease No.: 6A08-97-L-17236
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of
the date first above written.
ATTEST: LESS CITY OF PAL SkINGS, CALIFORNIA
B
/City Clerk
Title: City Manager
THE UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
�FLZS � CBL FEDERAL AVIATION ADMINISTRATION
BY 01Z. v- 30_57
r
7` By:
Contracting Offiller, Real Estate
Title: & Utilities Team, AWP-54B
Date: Ate; /99'
Federal Aviation Administration Page 7
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LEASE AME--NDMENT
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US Deponment e^ p M� Wrslc,n P„ul,c R,q,un P.O. Box 92007
of TlonSooflollon '�, {� G, Worldway Poslal Cenler
Federal Aviation t,.1 A'� � j ���
J Los Angeles.CA 90009
Administration
Cl�'Y CL"tiiK
CHANGE NUMBER CONTRACT NUMBER EFFECTIVE DATE
—4 ld
LESSOR ACCOUNTING AND APPROPRIATION DATA
City of Palms Springs 029.0/000-70794/48030/2591
THIS AGREEMENT is entered into pursuant to the provisions of Section 302 (c) (10)
of the Federal Property and Administrative Services Act of 1949, as amended,
(41USC252)
--------------' `---------------------------------------------=-------------------
DESCRIPTION OF AMENDMENT/MODIFICATION/SUPPLEMENT: .
Lease is modified to permit the
city,of Palm= Springs to install
a receiver unit :at the FAA
R/T Site on Palm Springs Airport.
I
ALL OTHER TERMS AND CONDITIONS of the lease are hereby ratified and, except as
amended hereinabove shall be and remain the same. j
i
LESSOR NOT REQUIRED TO SIGN LESSOR IS REQUIRED TO SIGN AND RETURN THE
� xx ORIGINAL AND COPIES TO THE GOVERNMENT
_ I
LESSOR: GOVERNMENT
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
= FEDERAL AVIATION ADMINISTRATION% //
BY: BY:
L Ul- WL6[�Charles R. Marion
TITLE: TITLE: Contractiong Officer
DATE: / DATE:
#A lease .33 acre for remote
transmitting site
DEPARTMENT OF TRANSPORTATION AGREEMENT #1322 (Orig 7-20-77)
FEDERAL AVIATION ADMINISTRATION Res #12285, 7-20-77
P.O. Box 92007, World Way Postal Ce
Los Angeles, California 90009
Lease No.: DOT-FA77WE-4195
Remote Communications Facility
�; , Palm Springs Airport
LIE Ed Palm Springs, California
between
CITY OF PALM SPRINGS
and
Ti,m UNITED STATES OF AMERICA
.L 11is LT+sA.°s% made nand enteredinto this ;J ° day of in the year one dhousand cline hundred and seventy-seven
by and betviesm City of Palm Springs
vrki'jF'e addfessj is P.O. Box 1786
Palm Springs, California 92262
for itself and its � iC%y„ SSt14y , successors, and
assigris, hereinafter called the lessor, and the UNITED STATES OF AMERICA, hereinafter called the
Government:
WITNESSP�M'H: The parties hereto for the consideration hereinafter mentioned covenant and
agree as folicivs
1. For the term beLinning- jl -'� -.J-c and endingSeptember 30,1977, the lessor
hereby leases to the Government the following described property, hereinafter called the prem-
ises, viz:
(See Attachments 1 and IA for LEGAL DESCRIPTION and PLOT PLAN)
FAA FORM 4423--2 (11-70) SUPERSEDES FAA FORM 413
Page 1
® 11 ,�
7 3
Lease No.: DOT-FA77WE-4195
a. Together with a right-of-way for ingress to and egress from the premises; aX9XkJjaftXK
�IiX3El$Ht� iz ;$o"il; ffil - �I� ;iix�wg5 ��gl�rkeiex
&St X �iltI3IiEXta 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 lessol 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 97
' he Government shall pay the lessor for the premises : No monetary consideration in the
form of renta , 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
XWZi;X=XXXXX=C)X
for the term set forth in Article 1 above, and
without cost
XX4jQC='=XXXKK)XN&QW for each
annual renewal exercised by the Government hereafter.
4. The Government may terminate this lease, in whole or in part, at anytime by giving 30
days notice in writing to the lessor, and no rental shall accrue after the effective date of
termination. 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
•I ~.
*_age No.: DOT-FA77WE-4195
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 MEM40M shall within ninety (90) days thereafter, or within such addi-
tional time as may be mutually agreed upon, either (1) 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 1 above, ordinary wear and tear, damage
by natural elements and by circumstances over which the Government has no control, excepted)
+d, ta�r�v�u�vvuEttufusaSrNsF•ran�RtAoduSfL�'}rr7�r7�lSI�`,u��'�141�
ya X3Ql l�$l f $� 1� � v,�,x r n try v P x ��xix e3axxYnibE6k � X } XX:x
YK111d�I� ,}SiaYStk��^'� [i�X����arrjriiuniSritki�xlw�sx
Revised as added below. . .
fact arising under this contract which is not disposed of by agreement shall be dec d by the
Contracting Officer, who shall reduce his decision to wrng and mail or other urnish a copy
thereof to the lessor. The decision of the Contracting Officer shall be fit and conclusive unless
within 30 days from the date of receipt of such copy, the lessor i�Is or otherwise furnishes to
Contracting Officer a written appeal addressed to th cretary, Department of Transporta-
the determination
tion. The decision of the Secretary or his duly a rized representative for the
of such appeals shall be final and conclus mess determined by a court of eampcleat jurisdic-
tion to have been fraudulent, or ca i 'ous, or arbitrary, or so grossly erroneous as necessarily to
imply bad faith, or not sup e by substantial evidence. In connection with any appeal proceed-
ing under this clause e lessor shall be afforded an opportunity to be heard and to offer evidence
in support of ' appeal. Pending final decision of a dispute hereunder, the lessor shall proceed dili-
gentl fth the performance of the contract and in accordance with the Contracting Officer's
-d�sxoxr�,--
(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 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 of
Transportation or his duly authorized representatives, and the third
member shall be selected by those two already appointed.
Page 3
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— — — , .
• *ease No.: DOT-FA77WE-4195
9. This lease is subject to the additional provisions set forth below, which are made a part
hereof, and identified as follows:
10. Irrelevant wording in the first paragraph and in Articles 2, 3, 4, 7, and
8 was deleted; Advisory Circular AC No. 150/5300-78 dated November 8, 1972, and
Attachments 1 and 1A were added prior to execution of this lease.
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 30th day
of September 1997.
12. Meter readers entering onto airport property shall comply with airport
security regulations. Failure of the meter readers to comply with airport
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 Aviations,
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 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 use 2671 et seq) as now or hereafter amended. The
IN WITNESS WHEREop, 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 Li.ber BX �yF,±l a • .r� (Lessor aF
_ . y'
------------------------------------ pages -- ------ 1 _-, e t,S
) n r -=--
against the above-described premises, the un- T_i t7_e. Cr
dersigned hereby consents to the forego!rig
--- ---------
lease and agrees that, if while th.e lease is in (Lessor) ---------------
force the mortgage is foreclosed, the foreelo- ---------------------------------------------------------------------------------
sure shall not void the lease. (Lesaor)
-------------------------------------------
-----------------------------------
(Leaaor)
(Mortgagee) _______-__-____
(Lesaor)
DEPARTMENT OF TRANSPORTATION
THE UNITED ST
FEDERAL AVIAAE Agg "W ION
By
--'� OLL I N_-----R----- ---
ELY"ZABETN M. RLLINS0 ealty Specialist
(Notary Seal) 2itle__Real_Property &-_Utilities Section AWE- 6A
- Date: - p
ARI " �: - ------- 1------------------------------------
Page 4 a U.S. GOVERNMENT PRINTING OFFICE 19I5-67M41
® 41
Lessor No. : DOT-FA77WE-4195
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 development
as shown on the present Airport Layout Plan, dated May 10, 1977, will not, if
constructed, conflict with the proper operation of the RT facility. Therefore,
those planned improvements will not, if constructed, cause the relocation
of the RT. In the event other improvements placed upon airport property by the
Lessor derogate RT operations, provisions of FAA Advisory Circular No.
150/5300-7B, dated November A, 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.
15. The Government shall cause the RT facility to be painted in a color to be
approved by the Lessor.
11.
Attachment 1 Lease: DOT-FA77WE-4195
LEGAL DESCRIPTION
Palm Springs Municipal Airport
Palm Springs, California
Remote Transmitting Equipment
PARCEL ONE
That portion of land situated in Section 12, Range 5 East, Township 4
South, S.B.B.&M. , County of Riverside, State of California, described as
follows:
Commencing at the Southeast corner of Section 12, thence North 1° 12'
20" West, 3,339.19 feet to the TRUE POINT OF BEGINNING, thence South 10
12' 52" East, 120.00 feet, thence South 880 47' 08" West, 120.00 feet,
thence North 10 12' 52" West, 120.00 feet, thence North 880 47' 08" East,
120.00 feet, to the true point of beginning, containing 0.3306 acres,
more or less.
PARCEL TWO
An easement over that portion of land situated in Section 7 and 12 and
encompassed by a circler of 1,000-foot radius, the center of which is the
center of the above-described Parcel One. Within this easement area, the
property shall be kept free from obstructions above the elevation of 489
feet MSL, said elevation being 35 feet above the ground level of Parcel One.
PARCEL THREE
An easement consisting of a strip of land 15 feet in width for the
purpose of establishing and maintaining a driveway, the centerline of said
strip of land being described as follows:
Commencing at the true point of beginning for the above-described
Parcel One,
Thence South 10 12' 52" East, 120.00 feet, Thence South 880 47' 08"
West, 65.00 feet, to the true point of beginning of said centerline,
Thence south 3 51' 25" East, 1301.38 feet, Thence South 210 12' 52"
East, 530.00 feet, to the true point of ending, containing 0.6306 acres,
more or less.
The basis of bearings for said parcels is the section line South 890 38' 05.7"
East, established between the northwest corner of Section 18 and the north
Quarter corner of Section 18 as shown on Record of Survey 56/30 of the County
of Riverside, State of California.
r Yn
AC NO: 150/5300-7B
OF TRA,VSn DATE: B Nov 72
ADVISORY
4� Y�
W Q
O Z
+ *
STATEs of C1RvCULAR
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 cancelle,3,
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 '2
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 pro3ecL .i.s 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 *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 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 cost, the sponsor will
pay the actual cost.
J. H. SHAFFER
Administrator
DEPARTME\T OF TRANSPORTATION
PED➢RAL AVIATION ADMINISTRATION
�j'Dshin�ton, D.C. 20591 POSTAGE AND Fees PAID
Pi EDERAU AVIATION
O DIC IRI Business DOT
bOT 5.15 U.S.Mall
PENALTY FOR PRIVATE USE, $300
Page 4 Par 4
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