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HomeMy WebLinkAbout03033 - DWA DESERT WATER AGENCY TAX INCREMENT PASSTHRU FOR CANYON REDEVELOPMENT PROJECT AREA �1 US Department Office of the Administrator 800 Independence Ave S W, of Transportation Washington, DC 20591 Federal Aviation FAA - Record of Decision appr Administration PASSENGER FACILTIY CHARGE AT Airprt $3 pr pssngr 30-yrs m 2 5 AGREEMENT 3122 10-1-2022 Auth R17337 11-20-90 sign Mr. Allen F. Smoot _ ltr by FAA 6-25-92 Director of Aviation City of Palm Springs 3400 E. Tahquitz Canyon Way Palm Springs, CA 92262 Dear Mr. Smoot: In accordance with section 158.29 of the Federal Aviation Regulations (Title 14, Code of Federal Regulations, Part 158) , the Federal Aviation Administration (FAA) has approved, in part, your application to impose a passenger facility charge (PFC) at Palm Springs Regional Airport (PSP) and to use PFC revenue at PSP. The authority to impose a PFC is contingent on your continued compliance with the terms of the regulation and any conditions included in this letter. Enclosed is a Record of Decision which provides specific information about this approval including the approved PFC level, total amount of approved net PFC revenue to be collected, earliest charge effective date, and duration of authority to impose the PFC. This Record also includes a list of projects approved as well as the FAA' s reasons for each decision. The FAA' s findings and determinations required by statute and Part 158 along with the FAA's disposition of comments are also included in the Record. You are reminded of the reporting, recordkeeping, and auditing requirements of Part 158, Subpart D. We request that you advise our Western-Pacific Region Airports Division when you notify the air carriers and foreign air carriers to begin collecting PFC's. Also, you are responsible for coordinating any construction with the appropriate Federal offices as you would with any nonfederally funded construction. Please note that you are required to begin implementing your projects approved under this application within 2 years of this date. Section 158. 33 prohibits a public agency from imposing a PFC for more than 2 years following approval to use PFC revenues, unless the projects have been implemented. The approval of any project which is proposed to include Airport Improvement Program (AIP) discretionary funds is not deemed a Federal commitment of AIP discretionary funds. z We have enclosed the list of advisory circulars with which you must comply in accordance with your certification of assurance number 9, standards and specifications. Sincerely, Barry Lambert Harris Acting Administrator Enclosures RECORD OF DECISION CITY OF PALM SPRINGS PALM SPRINGS, CALIFORNIA Application to impose a passenger facility charge (PFC) at Palm Springs Regional Airport (PSP) and use PFC revenue at PSP. Appr--oval Criteria In accordance with section 158.29 of the Federal Aviation Regulations (Title 14, Code of Federal Regulations, Part 158) , this Record of Decision includes decisions to approve or disapprove, in whole or in part, imposition of a PFC for use on two projects along with the following determinations: (1) The amount and duration of the PFC will not result in revenue that exceeds amounts necessary to finance the projects. (2) Each project approved will achieve the objectives set forth in section 158 . 15 (a) . (3) Each project approved meets the criteria set forth in section 158 . 15 (b) . (4) The collection process, including any request by the city of Palm Springs not to require a class or classes of carriers to collect PFC' s, is reasonable, not arbitrary, nondiscriminatory, and otherwise in compliance with the law. (5) The city of Palm Springs has not been found to be in violation of sections 9304 (e) or 9307 of the Airport Noise and Capacity Act of 1990. (6) All project-related requirements pertaining to the airport layout plan (ALP) , airspace studies, and environmental analysis and approval have been met. Procedural History The city of Palm Springs met with air carriers operating at the airport on January 21, 1992 , to discuss the proposed projects and other aspects of the draft PFC application. On February 27, 1992 , the FAA received a PFC application from the city of Palm Springs to impose a $3 PFC at PSP and to collect a total of $51,400, 000 over a period of approximately 30 years. On March 16, 1992 , the FAA determined this application to be substantially complete within the requirements of section 158.25. A notice was placed in the 2 Federal Register on March 27 , 1992 , inviting public comment on this application. The period for public comment closed on April 27, 1992 . Amount of PFC Level of PFC: $3 . 00 Total approved net PFC revenue: $44, 612, 350 Earliest charge effective date: October 1, 1992 The total approved net PFC revenue includes bond-associated debt service and financing costs for the PFC portion of the projects to be financed through bonds. Any excess PFC revenue collected under debt servicing requirements shall be used for the approved projects or retirement of outstanding PFC-financed bonds. The total approved net PFC revenue does not include air carrier compensation costs. October 1, 1992, is the "earliest" charge effective date. In establishing its charge effective date, the city of Palm Springs must comply with section 158 .43 (b) (3) , which states, in part, that the charge effective date will be the first day of a month which is at least 60 days from the date the public agency notifies the carriers of approval to impose the PFC. Duration of Authority to Impose a PFC The city of Palm Springs is authorized to impose a PFC at Palm Springs Regional Airport until the earliest of: (1) 30 years from the charge effective date, or (2) the date on which the total PFC revenue collected plus interest thereon equals the allowable cost of the approved projects. For this approval, that amount is $44, 612,350. Based on information submitted by the city of Palm Springs, the FAA estimates the charge expiration date to be June 1, 2019 . Approved Projects Approved Proiect # Description Amount 1 Airport Terminal Expansion $400, 000 Phase IA This project involves improvements and additions (approximately 43 , 158 square feet) to the existing terminal building. Projects include: a) expansion of the baggage claim area with more and larger claim devices (PFC funds are requested only for this portion of the project) ; b) installation of temporary holdroom areas serving as nonexclusive passenger boarding gates; 3 c) construction of an air-conditioned holdroom area convenient to the nonexclusive boarding gates supporting commuter and charter operations; d) a centralized control center for airport operations and the access control system; e) remodeling of existing public-use areas of the terminal, including asbestos removal and seismic reinforcing in selected areas of existing terminal; f) installation of a new passenger screening security check point; g) construction of an air carrier apron for three additional parking positions and a commuter aircraft apron for four additional parking positions; and h) construction of six new passenger boarding gates, increasing the capacity at PSP from 10 to 16 total gates. Determination: The portion of the terminal expansion to be funded with PFC funds, baggage claim expansion, is Airport Improvement Program (AIP) eligible and will enhance capacity. The public agency is requesting PFC funds to fund a portion of the entire project. The total project cost including financing is $37,974, 400. Any environmental, airspace, and ALP requirements have been met. 2 Airport Terminal Expansion $44, 212, 350 Phase IIA This project will add 63 , 1.21 square feet of nonexclusive use space, including: a) install air-conditioned two-level concourse and holdrooms; b) construct second level boarding areas; c) install eight boarding bridges; and d) construct open-air patio for holding additional passengers during good weather. Determination: Terminal expansion is AIP eligible for public-use areas and PFC eligible for public-use areas and for construction of gates and related areas. The project will preserve and enhance capacity and encourage competition. The city of Palm Springs has stated that it intends to issue approximately $13 . 8 million in revenue bonds, to be repaid over a 30-year period, to finance the eligible construction costs for this project. The approved amount represents the financing costs for the bond issue. 4 Additional phase IIA costs may be funded through AIP grants. Any environmental, airspace, and ALP requirements have been met. Environmental Requirements The projects approved in this application are categorically excluded from the requirement for formal environmental assessment under FAA Order 5050. 4A, Airports Environmental Handbook, paragraph 23 (1985) . There appear to be no extraordinary circumstances requiring individual review. Collection Process a. Exclusion of a class of carriers. The city of Palm Springs has requested that Part 135 air taxi operations not be required to collect PFC's. Determination: Approved. Based on information submitted in the city of Palm Springs ' application, the FAA has determined that the proposed class accounts for less than 1 percent of PSP' s total annual enplanements. The city of Palm Springs should confirm, on an annual basis using prior year enplanement data, that this class does not exceed 1 percent of the total enplanements at PSP. b. Compliance with the regulation. (1) The requested charge effective date, October 1, 1992 , complies with the requirements of section 158 . 43 (b) (3) and is approved. The city of Palm Springs is cautioned that to retain this date it must comply with the requirements of section 158.43 (b) (3) which states that "the charge effective date. . .will be the first day of the month which is at least 60 days from the date the public agency notifies the carriers of approval to impose the PFC. " (Emphasis added. ) (2) The city of Palm Springs requests a collection period of 30 years in its application. Based on information submitted by the city of Palm Springs, the FAA estimates the duration of collection to be approximately 26 years, 8 months. (3) Except as specifically mentioned above, all other aspects of the proposed collection process have been determined to be reasonable, not arbitrary, nondiscriminatory, and otherwise in compliance with the regulation. 5 Compliance with the Airport Noise and Capacity Act of 1990 (ANCA) The FAA is not aware of any proposal at PSP which would be found to be in violation of ANCA. The FAA herein provides notice to the city of Palm Springs that a restriction on the operation of aircraft at PSP must comply with all applicable provisions of ANCA and that failure to comply with ANCA and Part 161 makes the city of Palm Springs subject to provisions of Subpart F of that part. Subpart F, "Failure to Comply with This Part, " describes the procedures to terminate eligibility for AIP funds and authority to collect PFC revenues. Federal Register Notice Comments The FAA received comments from the Air Transport Association (ATA) , America West Airlines, Alaska Airlines, and the city of Palm Springs, as a result of the Federal Register notice of intent to rule on the application. The ATA attached copies of the written certifications of agreement or disagreement from American, Delta, Trans World, and United. These carriers, along with America West and Alaska, unanimously recommend approval of the terminal expansion projects. Many of the carriers also submitted comments on the "backup" projects submitted by the city of Palm Springs. Part 158 does not provide for submission of backup projects for an impose and use application and so the FAA will not rule on these projects in this decision. The ATA and Delta expressed concern about the form, covenants, and conditions of any general airport revenue bonds (GARB) issued to finance the terminal projects. The city of Palm Springs, in its response to the Federal Register notice, vigorously objects to the perceived proposal that the FAA place conditions on the issuance of these GARB' s. The FAA will not place specific conditions on the issuance of a GARB; however, if implementation of the approved project is not begun within 2 years of the date of this approval, the city of Palm Springs will be subject to the provisions of Subpart E, "Termination. " 6 Legal Authority This decision is made under the authority of sections 1006 and 1113 of the Federal Aviation Act, as amended, 49 U.S. C. App. 1486 and 1513 . This decision constitutes a final agency order approving in part and disapproving in part the city of Palm Springs ' application for authority to impose and use a PFC at PSP. Any, party to this proceeding having a substantial interest may appeal the order to the courts of appeals of the United States or the United States Court of Appeals for the District of Columbia upon petition, filed within 60 days after issuance of this decision. Concur �� JUN 2 5 1992 Acting Administrator, AOA-1 Date Nonconcur Acting Administrator, AOA-1 Date k r CURRENT FAA ADVISORY CIRCULARS FOR PFC PROJECTS Effective Date: 2-26-92 NUMBER SUBJECT 70/7460-1 H Obstruction Marking and Lighting CHG 1 150/5200-30A Airport Winter Safety and Operations CHG 1 150/5210-5B Painting,Marking and Lighting of Vehicles Used on an Airport 150/5210-14 Airport Fire and Rescue Personnel Protective Clothing 150/5220-10A Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles 150/5220-138 Runway Surface Condition Sensor Specification Guide 150/5220-14A Airport Fire and Rescue Vehicle Specification Guide 150/5220-16 Automated Weather Obsserving Systems for Non-Federal Applications 150/5220-17A Design Standards for Aircraft Rescue Fire-fighting Training Facilities 15015300-13 Airport Design CHG 1 &2 150/5320-6C Airport Pavement Design and Evaluation CHG 1 &2 150/5320-12B Measurement,Construction,and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-15 Management of Airport Industrial Waste 150/5340-iF Marking of Paved Areas on Airports CHG 1 150/5340-4C Installation Details for Runway Centerline Touchdown Zone Lighting Systems C.HG1 &2 150/5340-68 Segmented Circle Airport Marker System CHG 1 15M/5340-14B Economy Approach Lighting Aids CHG 1 &2 15015340-176 Standby Power for Non-FAA Airport Lighting Systems 150/5340-18C Standards for Airport Sign Systems CHG 1 15015340-19 Taxiway Centerline Lighting System 150/5340-21 Airport Miscellaneous Udhting Visual Aids 150/5340-238 Supplemental Wind Cones 150/5340-24 Runway and Taxiway Edge Lighting System CHG 1 150/5340-27A Air-to-Ground Radio Control of Airport Lighting Systems 150/5345-,3D Specification for L-821 Panels for Remote Control of Airport Lighting 150/5345-10E Specification for Constant Current Regulators Regulator Monitors 150/5345-12C Specification for Airport and Heliport Beacon 15015345-26B Specification for L--823 Plug and Receptacle,Cable Connectors CHG 1 & 2 160/5345-27C Specification for Wind Cone Assemblies 150IS345-28D Precision Approach Path Indicator(PAPI)Systems CHG 1 150/5345-�398 FAA Specification L-853, Runway and Taxiway Centerline Retroreflective Markers CHG 1 150/5345-42C Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories CHG 1 15015345-43D Specification for Obstruction Lighting Equipment 150/5345-44E Specification for Taxiway and Runway Signs 150/5345-45A Lightweight Approach Light Structure 1 50153 4 5-46A Specification for Runway and Taxiway Light Fixtures 5 CURRENT FAA ADVISORY CIRCULARS FOR PGC PROJECTS (continued) Effective Date: 2-26-92 NUMBER SUBJECT 15015345-47A Isolation Transformers for Airport lighting Systems 150/5345-49A Specification L--854,Radio Control Equipment 150/5345-51 Specification (or Discharge-Type Flasher Equipment CHG 1 150/5345-52 Generic Visual Glideslope Indicators(GVGI) 150/5370-2C Operational Safety on Airports During Construction 150/537C-10A Standards for Specifying Construction of Airports CHG 1,2.3 150/5390-2 Heliport Design 150/5390-3 Vertiport Design • FAA Passenger Facility Charge AGREEMENT #3122``AMEND 1 C� R18089, 5-5-93 v US Department Western-Pacific Region P.O.Box 92007 of Transportation Worldway Postal Center Federal Aviation Los Angeles,CA 90009 Administration June 15, 1993 RECEIVED Mr. Allen F. Smoot J UN 17 1993 Director of Aviation Palm Springs Regional Airport DEPARTMENT OF P.O. Box 2743 AVIATION Palm Springs, CA 92263-2743 Dear Mr. Smoot: Palm Springs Regional Airport; PFC 92-01-C-00-PSP PFC Amendment No. 1 Our office received notification on May 7, 1993 to amend PFC 92-01-C-00 PSP, as required raider Federal Aviation Regulations (FAR)Part 158.37, "Amendment of approved PFC". The notification contains proposed amendments to: 1. Increase the total PFC revenue from$44,612,350 to$81,888,919. 2. Change the estimated expiration date from October 30, 2022 to October 30, 2032. 3. Modify from two projects (Terminal Expansion Phase IA and Terminal Expansion Phase 2)to a single project with a ten year implementation program, "Terminal Expansion". We reviewed the documents to amend the PFC for: 1. Evidence for notifying all the collecting carriers. 2. Evidence of consultation with the collecting carriers for the proposed amendments. 3. Either a written agreement or a no response by all the collecting carriers,with no disagreements among them. 4. Justification for the proposed amendments. Since all of the above four(4) items have been met under FAR 158.37 and we offered no comments within 30 days of receiving notification, the PFC Amendment No.I becomes effective. l 0 • 2. In your letter dated June 10, 1993 and received by our office on June 14, 1993,you sent a notification to all the airlines that PFC Amendment No.I is effective on July 1, 1993. The existing PFC number for your airport is PFC 92-01-C-00-PSP. When PFC Amendment No.1 becomes effective,the PFC number changes to PFC 92-01-C-01-PSP. This number should be used for all correspondence involving this PFC at your airport. Sincerely, John P. Qilligan Supervisor, Standards Section • AGENDA AIR CARRIER CONSULTATION MEETING Patin Springs International Airport July 30, 2001 I. INTRODUCTIONS II. AMENDMENT#2 to PFC ($3.00 to $4.50) *See Air Carrier Consultation Packet previously sent to all carriers. III. OTHER • i Palm Springs International Airport 0 • 6128/01 • Projected Cash Flow and Airline Payment Requirements 2001 2002 2003 2004 Airport Operations 8,602,099 9,250,158 9,740,975 10,263,313 Airport Debt Service 1,812,846 1,782,109 1,782,109 1,782,109 Airport Ca ital 1,262,583 1,038,500 738,000 700,000 Total Department Expense 11,677.527 12,070,767 12,261,084 12,745,422 Special Capital Improvement 0 10,000 100,000 100,D00 Maintenance&Operations 188,000 166,000 120,000 100,000 Landside Development 0 10,000 50,000 50000 Total Other Required Reserves 188,000 186,000 270,000 250,000 TOTAL EXPENDITURES 11,865,527 12,256,767 12,531,084 12,995,422 TOTAL NON AIRLINE REVENUE 7,257,203 8,032,754 8,159,029 8,290,600 SURPLUS/DEFICIT (4,608,324) (4,224,013) (4,372,055) (4,704,822) PFC REVENUE/INTEREST 1,549,826 1,557,575 1,606,037 1,654,217 (2.92 @ 84% enplaned) PFC REVENUE/INTEREST 0 1,920,297 2,431,056 2,503,987 • 4.42 84%enplaned) PFC DEBT 868,214 868,214 894,037 894,037 NET PFC @ 2,92 681,612 689,361 712,000 760,180 NET PFC @ 4.42 - 1,052,083 1,537,019 1,609,950 AIRPORT RESERVES 308,266 PFC TRANSFER IN 1,222,266 250,000 92 BOND REFINANCE 500,000 AIRLINE REVENUE REQUIRED 2,396,180 2,784,652 3,660,055 3,944,642 (2.92 PFC) AIRLINE REVENUE REQUIRED NIA 2,421,930 2,835,036 3,094,872 4.42 PFC ENPLANEMENTS 631,860 635,019 654,777 674,420 COST/ENPLANEMENT 2.92PFC $3.79 $4.39 $5.59 $5.85 COST I ENPLANEMENT 4.42PFC 0 $3.81 $4.33 $4.59 Fiscal Year 2002 PFC of$3.60 represents a mid year implementation. Note: The airline revenue required in 2001 was$2.4 million,with the$4.50 PFC as demonstrated above the 2002 airline revenue required will remain at $2.4 million. i COMPLETE THIS SECTION ON SENDER,COMPLETE THIS SECTION COMPLETE THIS SEC77ON ON DELIVERY ■ Complete items 1, 2, and 3.Also complete A. Received y( ease Print C/o arlv,L. of De"v©� ttenTTr7Mestricted Delivery is desired. -t n 1 • CRmoWeXems 1,2,and 3.Also complete A. Received y(, lease Print at B, plate {)ehy ■ Print your name and address on the reverse + item 4 if Restricted Delivery is desired. 1 JL'`- ,rj C. Signature t% ��,\ Q ■ Print so that we can return the card to you. �\ \� your name and address on the reverse ■ Attach this card to the back of the mallpiece, X �_ L!N�.9sn{ so that we can return the card to you. C Signet e +� -n or on the front if space permits. -Q Adtleessee ■ Attach this card to the back of the mallpiece, Is delivery address different from i m 9`�--Ll a'es Or on the front if space permits. Addte's 1. Article Addressed to If YES,enter delivery address low ❑ No ry ,.r.t 1. Article Addressed to: D. I tlelive address die nt to 1 rdi't;'.II,Yes - d If YES,enter delivery address Inlow: - ElNo ,P. /71gw19 / -C'oR�. f dl � // r2J,4iics % f S • F_ Service Type /r/am D G �% � '� 3. ' - l��Q�/Z (g Certified Mail ❑ Express Mail �ew, ��Q�� 3. Service Type ElR R egisgistered ❑ Return Receipt for Merchandise ['a Certified Mail ❑ Express Mail ❑ Insured Mail ❑ C.O.D. ❑ Registered ❑ Return Receipt for Merchant 4. Restricted Delivery?(Extra Fee) El Yes ❑ Insured Mail ❑ C.O D. 2. Anrticle Number(Cop/�y f/roJn service label) /7 '�/ ? 4. Restricted Delivery?(Extra Fee) ❑Yes 2 . Article Nu ber(Cop from servce lab�e]l) PS Form 3811,July 1999 Domestic Return Receipt 102595d10-M-0952 -- � o6a ��I' /��� �O �/ + PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0f �r SECTIONENDER:COMPLETE THIS SECTION COMPLETE THIS ON DELIVERY SENDER: . .N COMPLETE THIS SECTION ON DELIVERY 1 Cam !o!o°.tams 1,2, and 3.Also complete A. Received by(Please Print C y) B. t of Delivery ■ Complete items 1,2,and 3.Also complete AL'W C$prraas not Clearly) B Dale of Deltv item 4 if Restricted Delivery is desired. Item 4 if Restricted Delivery Is desired. -2 r Print your name and address on the reverse ■ Print your name and address on the reverse C. so that we can return the card to you. Sign C. SIso that we can return the card to you. r Attach this card to the back of the mallpiece, ,❑Agent ■ Attach this card to the back of the mailpiece, nt or on the front if space permits. El Addressee or on the front if space permits. X ❑Adores D. Is delivery address different from item 1? ❑Yes D Is delivery address different tram item 19 ❑Yes . Article Addressed to: I y I If YES,enter deliveryaddress below: ❑ No 1. Article Addressed to: If YES,enter delivery address below. ❑ No (lJ2 LI / /.G ��-+��F �.QveF'�le9 "O'pvr �eiCi iEs etc / 0 L� l/T&S/776 3. Service Type .3 /n�� lUa 3. Service Type r W Certified Mail ❑ Express Mail m Dj 3 �'� �XCerthed Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise rD oo //qD ( / ^ r� ❑ Registered ❑ Return Receipt for Marchand ❑ Insured Mail ❑ C.O.D. /� CT LC/ A *1,55 ❑ Insured Mail ❑ C.O.D 4. Restricted Delivery?(Extra Fee) ❑ Yes 4. Restricted Delivery?(Extra Fee) ❑Yes 2 Article Number(Copy from service label) 2. Art' le Number(Copy from service label) boa / d3�a Dooms /�36 .3o;�s/ DOf p3h� DaO� Cq36 30a0 'S Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-09 • COMPLETE SECTIONTHISSECTION "y SENDER: S) eCanplet temet antl/or2for additional services. also wish to receive the D a a Items 3,4a,end 4b. - following services(for an Complete It ms 1, 2, and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery •r epdM your name and address on the reverse of this loan so that we can return this extra f66): AS card to you. te(71-�i estricted Delivery is desired. I ` dAttacch this forth to the front of the mailpleca,or on the back if apace does not 1. ❑ Addressee's Address Drint your name and address on the reverse so that we can return the card to you. C ignature e y e Wdta'Retum Receipt Requesfed'on the mailpiece below the article number. 2. ❑ Restricted Delivery Attach this card to the back of the mailpiece, ❑ Agent ,S aThe Return Receipt will show to whom the article was delivered and the dale or on the front if space permits. ❑Addressee i delivered. Consult postmaster for fee. D. @�e`ivery d r s,Qiff�erent from item 1? ❑Yes G Article Addressed to II VeGtei� ,�'Sl�jcess below. ❑ No '�, 3.Article Addressed to: 4a.Article Number Addressed toOISOA.) / 700/ p3GODOc0.2l.23� , X �/,�. Tv e D ii r eloJ094- /, 4b.Service Type t u /� ❑ Registered 19 Ce ad /�o/%���//iL6 ❑ Express Mail ❑ Id f Q S�� 193od t �v �� �/I+A ❑ Return Receipt for Merciondise ❑ COD �3. Service Type 7.Date of Deliv ry' \3 o �E,� /� lv, �'8/68 69 i j�.Certified Mail ❑ Express Mail Q t, J L Cl Registered ❑ Return Receipt for Merchandise , Zcc L ❑ Insured Mail ❑C.O.D. 5.Received By:(Print NaAm�e(1�(_� ,t5 p ,p 8.A dressee's Address(Only if requested // 4. Restricted Delivery?(Extra Fee) ❑Yes 11,V U y y I1 end f69 is paid) /Z �� i Article Number(Copy from service label) a 6.Signature: (Addressee or Agent) v �. fool 6r3X ooda Xa6 �oG.� A 4.::... Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 PS Forth 3811, December 1994 102595-9z -o179a ' omestiC Return Receipt SENDER:COMPLETE THIS SECTION ON DELIVERY NDER:COMPLETE THIS SECTION 11 1 1 ---1 Complete items 1,2,and 3.Also Complete A. Rec�ive by(Please rigt ClQyrly) R. D t of ,W.rve • CO�t ems 1,2,and 3.Also ire.. eI A. Received by(Please Print Gle B Date of Delrvei �Complete items 1, Delivery is Alsoodesired. Sf kdt�l`.� C� ■ Pelnt youm 4 if r and addresssonathe averse �TRES E HAL9., Print your name and address on the reverse so that we can return the card to you. C Signature C. Signatur `f' ❑Agent so that we can return the card to you. ❑ ant ■ Attach this card to the back of the mailpiece, X ��-%% ='- g Attach this card to the back of the mailpiece, X caresses or on the front if space permits. or on the front If space permits. ❑ SSE D. Is delivery address di o 1? Yes 1. Article Addressed to: D. Is delivery address different from dam 17 ❑ Article Addressed to: ❑ No If YES,enter delivery address below: ❑ No �i If YES,enter deli D .� y s GUos� m� F� /e. ac -e /p Vie/ ab,4 %X /sue 3 3. Service Type . Service Type W Certified Mailitg—Eff El Registered Mail ❑ Express Mail ❑ /,( ��(/eQ tJ'DiU ✓'/ �d'���/ ❑ Registered ❑ Return Receipt for Merchandise ❑ Return Receipt for Merchandi / ❑ Insured Mail ❑ C.O.D. ❑ Insured Mail ❑ C.O D. 4. Restricted Delivery?(Extra Fee) ❑Yes 4. Restricted Delivery?(Extra Fee) ❑ Yes ��d� Article Number(Copy/rom service label) 2. Articl Number(Copy from service label �ODf m36a ooda /a3,� 3006 F36d DOo� /0236 30�5 3 Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 PS Form 3811,July 1999 Domestic Return Receipt 102595-00M-09Y. SENDER: I also wish to receive the E aCempLt 1 and(or2 for additional services. i •Complete items a,4a,and 41b. following services(for an ( is Print your name and address on the reverse of this form so that we can return this extra fee)' card to you. •Attach this forth to the front of the mailpiece,or on the back if space does not t. ❑ Addressee's Address Permit. y •Wnle-Return Receipt Requested'on the mailpiace below the article number. 2. ❑ Restricted Delivery y •The Return Receipt will show to wham the article was delivered and the date a delivered. Consult postmaster for fee. i 3.Article Addressed to: wO/ dt,Number /a 363D79 5�cl;){jL0d llS/} 4b.Service Type v ❑ Registered ,� Certified m 3 UDv ❑ Express Mail ❑ Insured y ❑ Return Receipt for Merchandise ❑ COD 7.Date of Delivery JOL 0 3 0 5.Received By: (Print Name) 8.Addressee's Address(Only If requested c and fee is paid) cJ � 6.Sign e: (Address a or Ape t) r X e PS Form 3811, December 1 4 102595-97-e-0179 Domestic Return Receipt • NORTHWEST • A I R L I N E S , • Department Number Al135 Northwest Airlines, Inc. 5101 Northwest Drive St. Paul MN 55111-3034 www nwa.com July 26, 2001 Mr. Allen F. Smoot,A.A.E. Interim Director of Aviation City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263 Dear Allen: Pursuant to 14 CFR §158.23 (c) (1), Northwest Airlines, Inc. acknowledges receipt of the notice to amend a Passenger Facility Charge (PFC) provided by the Palm Springs International Airport in a letter dated July 29, 2001 pursuant to 14 CFR §158.23 (a). This acknowledgement is provided • pursuant to the PFC regulation and shall not constitute agreement with any proposed project. This acknowledgment is also provided without prejudice to any position that Northwest Airlines, Inc. may take in the future relative to the appropriateness of the proposed projects. I will not be able to attend the meeting scheduled July 30, 2001 due to another commitment. Please forward the project and meeting handouts to my attention at your earliest convenience. Sincerely, Dawn M. Hughes Regional Director/Airport Affairs 612-726-3751 FAX: 612-727-6041 dawn.hughes@nwa.com cc: DonMinnis/ATA RECEIVED DMH/lkd JUL 3 Q Zoo BY: DEPT. OF AVIATIOf O¢LDwf 3 O� NOIt11iN'ES'I July 11, 2001 Certified Mail P 112 169 270 Mr. Allen F. Smoot, AAE Palm Springs International Airport 3400 E. Tahquitz Canyon Way Palm Springs, CA 92262 Dear Mr. Smoot: This is formal acknowledgment that Alaska Airlines has received your notice dated June 29, 2001 as required by 14 CFR.158.23 stating your intent to increase Passenger Facility Charges at Palm Springs International Airport. Alaska will plan to attend the meeting scheduled for July 30, 2001 to discuss the use of Passenger Facility Charges at Palm Springs International Airport. • Thank you. Sincerely, ALASKA AIRLINES, INC. QJA c,, Clifford T. Argue Staff Vice President Properties and Facilities cc Dennis Olson, Director Properties JUL 1 9-2001 I 11i' 1 • B 0 X 6 8 9 0 0 S E A T T I_ E, W A 9 H 1 6 8 - 0 9 0 0 2 0 G - 4 3 3 - 3 2 0 0 S4 r1 Win • July 9, 2001 y G�L 1 �?d01 Mr. Allen F. Smoot,AAE By: yr Interim Director of Aviation Palm Springs International Airport 3400 E. Tahquitz Canyon Way Palm Springs, CA. 92262 RE: PFC Consultation Meeting Dear Nh-. Smoot: • Pursuant to 14 CFR Part 158 SkyWest Airlines hereby acknowledges receipt of the notice of intent, dated June 29, 2001, to amend PFC# 91-01-C-00-PSP as previously amended. The meeting is scheduled for July 30,2001 at 11:00 a.m. A representative from SkyWest Airlines will be in attendance. incer , Steven F. Dwiggins Manager Airport Affairs 444 South PNCI Pond St.Gcoigc,Wnh 84790 435 634.3000 Fax 435.634 3505 n,ww.5kylvcsLrom ATTENDEES AIR CARRIER CONSULTATION MEETING PALM SPRINGS INTERNATIONAL AIRPORT 11:00 A.M. - JULY 30, 2001 NAME COMPANY PHONE FAX `k�lgl� �ksw, s �ti ups Vill Note to file: Same letter with • separ� addresses mailed to each person on attached list. ?A LAI ° + �' Cis-y of Palm Springs Office of the Assistant City Manager - Special Projects C,� 1400 Tahqui,,Canyon Wary • Palm Spnng ,CA6vni.. 92262 <I FO RN TEL n6m 31s_1900 • Pnx n601118-ix1 s •Tno rem sr,i 9527 July 30, 2001 Mr. Mike Copelon Sr. Manager Corporate Real Estate AMERICA WEST 4000 E Sky Harbor Blvd. Phoenix, AZ 85034 RE: Minutes of PFC Consultation Meeting Dear Mr. Copelon: The Palm Springs International Airport held its duly noticed Air Carrier Consultation meeting at 11:00 a.m. local on July 30, 2001. Attached, please find the Minutes of that meeting and a second copy of the Consultation Packet. The result of the proposed Amendment will be the avoidance of a rates and charges increase this year of an estimated $900,000. We seek to have the Amendment and increased collection effective January 1, 2002, and, therefor, seek your assistance in processing your formal response to the Amendment as quickly as possible as well as agreement with any expedited processing that the FAA will allow. Sincerely, AL LE F. SMOOT, AAE Interim Director of Aviation AFS:ps ATTACHMENTS: 1. Minutes 2. Consultation Package Post Office Box 2743 0 Palm Springs, California 92263-2743 0 r • PFC MAILING LIST Consultation Meeting for July 30, 2001 Amendment #2 MR HERB FAHRENBRUCH MESA AIRLINES/AMERICA WEST EXPRESS 4000 E SKY HARBOR BLVD PHOENIX AZ 85034 MR DENNIS OLSON DIRECTOR OF PROPERTIES ALASKA AIRLINES 19300 INTERNATIONAL BLVD SEATTLE WA 98168 MS JACKIE AGAN PROPERTIES MANAGER AMERICAN AIRLINES 4333 AMON CARTER BLVD MD 5317 FORT WORTH TX 76155 • MR MIKE COPELON SR MANAGER CORPORATE REAL ESTATE AMERICA WEST 4000 E SKY HARBOR BLVD PHOENIX AZ 85034 MR SAN CHANG MANAGER CORPORATE REAL ESTATE UNITED AIRLINES/UNITED EXPRESS 1200 E ALGONQUIN ROAD TRABUCO CANYON CA 92679 STEVE DWIGGINS S KY W EST AIRLINES 444 S RIVER ROAD ST GEORGE UT 84770 r JIM-T-REA-NOR 1-. �- NORTHWEST AIRLINES 5101 NORTHWEST DR DEPT A1135 ST PAUL MN 55111 • • NIGEL SPACHMAN REGIONAL MANAGER SOUTHWEST USA CANADA 3000 AIRPORT CENTER III 9841 AIRPORT BLVD STE 103 LOS ANGELES CA 90045 JESS E HALL WINGS WEST/AMERICAN EAGLE 4333 AMON CARTER BLVD MD FORT WORTH TX 76155 JENNIFER KOVAS MANAGER AIRPORT AFFAIRS CONTINENTAL AIRLINES 1600 SMITH STREET DEPT HQSPF HOUSTON TX 77002 • • • SUMMARY MINUTES Air Carrier Consultation Meeting July 30, 2001 - 11:00 a.m. Local Palm Springs International Airport The Airport held its duly noticed Air Carrier Consultation meeting concerning the raising of the Airport's Passenger Facility Charge (PFC) from $3.00 to $4.50 to allow for full coverage of debt service on previously approved PFC projects. Attendees were as follows: Dennis Olson, Alaska Airlines via conference call Steve Dwiggins, SkyWest Airlines via conference call Ralph Jackson, SkyWest Airlines via conference call The Airport reviewed the Air Carrier Consultation packet which was sent on June 29,2001 to all air carriers serving the Airport. Attached to these Minutes,please find a second copy of the Air Carrier Consultation packet. • The carriers were advised that the sole purpose of the Amendment is to raise enough PFC dollars to cover the existing debt on the previously approved PFC projects. The projections attached to the consultation packet show that with the Amendment,the total PFC dollars collected will be reduced as well as the total term of the PFC. These reductions are accomplished via early redemption provisions in the bonds which will allow for any PFC collected in excess of a year's required debt to go to retire additional debt early. SkyWest Airlines inquired about the 80% collection ratio and the Airport reported that the percentage reflects the current collection rate. Alaska Airlines inquired as to the $30,000 annual administrative costs. The Airport reported that these costs were reflective of the Airport's staff time and Finance Department staff time to administer the collection and reporting of the PFC. There being no further questions,the carriers attending expressed support,including a quick written letter of support to hopefully expedite the approval process. • AIR CARRIER CERTIFICATION OF AGREEMENT/DISAGREEMENT SECOND AMENDMENT TO THE APPROVED PASSENGER FACILITY CHARGE Palm Springs International Airport August 30, 2001 Federal Regulation Part 158 outlines the thirty(30)day procedure whereby the airlines must register their Certification of Agreement or Disagreement with the Airport's proposed amendment. Airlines not submitting the certification shall be reported as being in agreement. All airlines serving the airportwere sent notices of the consultation meeting on July 29,2001. Even though all did not acknowledge receipt in writing or attend the consultation meeting, all were sent two copies of the consultation package and a copy of the consultation meeting minutes. They were given opportunities to comment. One of the two airlines in attendance at the consultation meeting (via conference call) sent in their Certification of Agreement without comment. The second airline did not send in a Certification. Based on the Certification of Agreement received and the non-receipt of any Certification from the other air carriers serving the Airport, we hereby report 100% approval of the proposed amendment. i YWA R A I R U N E S July 30, 2001 RE IVED BY: CEP 1• UI- AVIATION Mr. Allen F. Smoot, AAE Interim Director of Aviation Palm Springs International Airport 3400 E. Tahquitz Canyon Way Palm Springs, CA 92262 Subject: Certification of Agreement/Disagreement pursuant to Title 14, C.F.R. Section 158.23 (c) of SkyWest Airlines, Inc. with projects presented in Air Carrier Consultation pursuant to Title 14, C.F.R. Section 158.25 (b) Palm Springs International Airport Amendment 42 of PFC# 91-01-C-00-PSP to increase PFC from $3.00 to $4.50. Dear Mr. Smoot: SkyWest Airlines, Inc. has previously acknowledged the receipt of your notice to impose and use Passenger Facility Charge # 91-01-C-00-PSP (PFC) Amendment #2 at Palm Springs International Airport (PSP) and we have had the opportunity to attend the air carrier consultation meeting required • under Section 158.23 of the PFC regulation. We hereby submit our written Certification of Agreement or Disagreement(as set forth in Attachment "A") with respect to each of the projects presented in your notice dated June 29, 2001. SkyWest will collect and pay a PFC for revenue enplaned passengers observing the first two - last two qualifying enplanement cities. We will not collect or pay a PFC for non-revenue, frequent flyer award, or industry free tickets. We trust you will find our response is consistent with the intent of the PFC legislation. Sincerely, Ralph G. Jackso II Properties Specialist Attachment cc: James K. Boyd, VP Customer Service Lowell Johnson, Mgr., - Grants in Aid Division- FAA FAA Westem-Pacific Region Thomas J. Browne-ATA • 444 South Rrnci Road S1 Ceorgc,Utah 84790 435.634.3000 Pax:435.634.3505 imwiv.skywest.com I • ATTACHMENT "A" SKYVVEST AIRLINES, INC. Certification of Agreement or Disagreement July 30, 2001 This Certification of Agreement or Disagreement is provided to the Palm Springs International Airport as required under the provisions of 14 CFR, Part 158, Section 158.23. SkyWest's agreement, if any, is contingent upon the estimates, scope and description of the project as presented. Should any of these estimates materially change (with the exception of the fifteen percent (15%) contingency allowed under 14 CFR 158), SkyWest automatically certifies disagreement with the project pending review and reevaluation on the basis of the revised information. In addition, any agreement under this PFC consultation process is not to be construed as approval or disapproval of these or related projects or financing plans under any present or future agreement with the Palm Springs International Airport. Any agreement under this PFC consultation process shall not be construed as an invalidation of any present or future rights under any existing or future use or lease agreements to review and/or approve or disapprove these projects and the financing plan relating to these projects. SkyWest reserves the right, and hereby exercises such right, to certify its agreement or disagreement with each discrete project comprising the Application as follows: • AMENDMENT #2 PFC # 91-01-C-00-PSP SkyWest Airlines certifies agreement with Amendment#2 as presented. The total project costs are $82,314,639. AIP Funds $4,888,314. Local Funds $543,146. PFC Revenue $76,883,179. Position: Agree Comment: None This concludes SkyWest Airlines Certification of Agreement/Disagreement with the projects presented for an Impose and Use PFC at the Palm Springs International Airport, Palm Springs, California. • RESOLUTION NO. 20160 • OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AMENDMENT'#2 TO PASSENGER FACILITY CHARGE (PFC)APPROVAL PFC 92-01-C-01 PSP, INCREASING THE CHARGE FROM $3.00 TO$4.50,TO THE FEDERALAVIATION ADMINISTRATION FOR REVIEW AND PROCESSING. WHEREAS in June of 1992, the Federal Aviation Administration completed its review and approved the PFC charge of $3.00 per enplaned passenger to pay for the Airport terminal building expansion; and WHEREAS in June of 1993, the Palm Springs Airport askedfor an Amendment to the PFC to splitthe terminal project into two phases and allow for a ten-year implementation schedule, which was approved; and WHEREAS in November of 1999, the terminal expansion project, both phases, was completed; and • WHEREAS Fiscal Year 2001/02 is the first year of full debt service for the three bond issues utilized to finance the terminal expansion project and that debt exceeds PFC collections by some $900,000 annually; and WHEREAS on June 29, 2001, the Airport notified all air carriers serving the Palm Springs International Airport of a consultation meeting to be held on July 30, 2001, to discuss raising the PFC from $3.00 to $4.50; and WHEREAS on July 30, 2001, said consultation meeting was held with full concurrence from those in attendance; and WHEREAS the thirty-day comment period for airline certification of agreement or disagreement with the PFCAmendmenthas passed with all carriers either certifying approval or not commenting; and WHEREAS based upon the Palm Springs International Airport Commission action to recommend this Amendment, and the airlines' concurrence, the City Council is desirous of submitting a Second Amendment to the PFC as follows: Section 1. That Amendment #2 to PFC 92-01-C-01 PSP, increasing the amount from $3.00 to$4.50 per enplaned passenger is hereby approved for submittal to the Federal Aviation Administration. R20160 September 5, 2001 Page Two • Section 2. That the Assistant City Manager - Special Projects is hereby authorized to execute all necessary application materials and submit the Amendment on behalf of the City of Palm Springs and Palm Springs International Airport. ADOPTED this 5th day of September 2001. AYES: Members Hodges, Jones, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: Member Oden ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By /s/PATRICIA A. SANDERS _ /s/DAVID H. READY City Clerk City Manager REVIEWED &APPROVED AS TO FORM: • i►I KhSY CV RTaFY THAT THE FOREGOING IS A TRUE COPY OF RESOLUTION No.?O/ &U__DULY ADOPTED BY TI;E M-Y COUNCIL OF THE CITY OF PALM SPRINGS/IN AI_MEETING TM)WOP HELD ON THE �DAY OF_—..�Oiarr' DATUD d,T PALM SPRINGS,CALIFORNIA,"��4��,"",",���- 7L.. Y OF OF TALI[PRIM&CALIFDRNTA q�Z • • ADDITIONAL INFORMATION (If appropriate, include explanation of recommendation, congressional interest, pertinent background, etc.): Application Reviewed by: Name Routing Symbol Date • • Revised 10/2/00 • AIR CARRIER CONSULTATION SECOND AMENDMENT TO THE APPROVED PASSENGER FACILITY CHARGE Palm Springs International Airport July 30, 2001 An intense effort has been undertaken to involve the air carriers serving Palm Springs International Airport in the consultation process leading to the submittal ofthe Second Amendment. On June 29, 2001, Notices of a Consultation Meeting,to be held on July 30,2001, along with an Air Carrier Consultation Packet, (copy attached)were sent to all air carriers serving the Airport. Shown below is a listing of those air carriers notified along with a column designating whether or not registered receipts were received and a column designating whether or not written acknowledgment was received. (Copies of registered receipts and written acknowledgments attached.) Air Carrier Returned Registered Receipt _Written Acknowledgment Mesa Airlines Yes No Alaska Airlines Yes Yes American Airlines Yes No America West Airlines Yes No United Airlines Yes No SkyWest Airlines Yes Yes • Northwest Airlines No Yes Canada 3000 Airlines Yes No Wings West Airlines Yes No Continental Airlines Yes No On July 30,2001, at 11:00 a.m. (Local),the required air carrier consultation was held with the following airlines present (via conference call): Alaska Airlines SkyWest Airlines (A copy of the roster of attendees is attached.) During the session, a complete review of the consultation package was undertaken. An in- depth discussion of the financial implication of the proposed amendment was provided and questions were answered. At the conclusion, the airlines represented stated their unanimous support and promised written confirmation immediately. Following the meeting,summary minutes were prepared and mailed to all air carriers serving Palm Springs International Airport,whether or not they had provided the required acknowledgments. (Copy of cover letter, mailing list and minutes attached.) • 0 AIR CARRIER'. CONSULTATION PACKET Second Amendment to the APPROVED PASSENGER FACILITY CHARGE Palm Springs International Airport PFC # 91-01-C-00-PSP As Amended Dated: June 29, 2001 PUBLIC AGENCY INFORMATION Agency: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Airport to Use: Palm Springs International Airport 3400 E. Tahquitz Canyon Way Palm Springs, CA 92262 Responsible Official: Allen F. Smoot,AAE (760) 318-3900 AIR CARRIER CONSULTATION Date Written Notice Sent to Carriers: June 29, 2001 Date of Consultation Meeting With Carriers: July 30, 2001 NOTICE AIR CARRIER CONSULTATION PASSENGER FACILITY CHARGE - AMENDMENT#2 PALM SPRINGS INTERNATIONAL AIRPORT PALM SPRINGS, CALIFORNIA NOTICE IS HEREBY PROVIDED, as of this 29th day of June 2001,per Part 158 Federal Aviation Regulations, of the intent of the Palm Springs International Airport, which is owned and operated by the City of Palm Springs,California,to hold consultation with all air carriers and foreign air carriers serving Palm Springs International Airport concerning the increase of the Airport's Passenger Facility Charge from $3.00 to $4.50, Amendment No. 2. The use for the Airport's Passenger Facility Charge is not being changed; however, the amount is being increased to cover the full debt on all three (3) existing bond issues that fund the original Passenger Facility Charge approved projects. The level of the charge is proposed to increase from$3.00 to$4.50,with aproposed effective date of January 1, 2002, and an estimated expiration date of June 30, 2024. It is estimated that the total Passenger Facility Charge (PFC) revenues collected will equal $76,883,179. The Airport shall continue its approved practice that all Part 135 air taxi operators be exempt from the collection of the increased charge. The Part 135 air taxis known to operate at the Airport and their 1999 reported enplanements are, as follows: Aircharter Express, Inc. 1 American Jet Charter, Inc. 5 American Jet International Corporation 2 Executive Flight, Inc. (Washington) 9 Glynn Air, Inc. 4 Midamerica Jet, Inc. 2 Midwest Corporate Aviation, Inc. 4 Modesto Executive Air Charter, Inc. 7 Pacific States Aviation, Inc. 2 Witte, Albert A. 2 Total Calendar 1999 Air Taxi Enplanements: 38 • r i Compared to the total enplanements of 634,660 for the same period, this proposed continued exempted class represents approximately.00006%of annual enplanements. The Airport's continued request for this exemption is based on the fact that administrative costs for the Airport would far exceed the annual revenue of$168 from this class. The Palm Springs International Airport will present the proposed Amendment to the domestic and foreign air carriers serving it on July 30, 2001, at 11:00 a.m. (Local) at the Palm Springs International Airport Conference Room, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262. For the consultation meeting,a conference call opportunity will also be provided. To receive specifics on the conference call number and participant codes,please contact the Airport offices at 760/318-3800 no earlier than 48 hours prior to the meeting. Attached,please find the Air Carrier Consultation Packet concerning this proposed Amendment. Questions may be directed to Allen Smoot, (760) 318-3901. Signed: ALLEN F. SMOOT, AAF Interim Director of Aviation Dated: -Tu - 9 Lo i SUMMARY OF PACKET AIR CARRIER CONSULTATION PASSENGER FACILITY CHARGE - AMENDMENT#2 The attached packet of information is provided to the air carriers serving Palm Springs International Airport per Part 158 Federal Aviation Regulations for consultation purposes related to an increase in Passenger Facility Charge from $3.00 to $4.50. This packet includes: 1. Cover Page 2. Notice 3. Summary 4. FAA Form 5500 - 1 5. Attachment"A" 5-Year Capital Improvement Plan 6. Attachment`B" Project Information 7. Airport Cash Flow Projection This Amendment would raise the PFC to $4.50 to allow for the Airport to cover the fall cost of debt on all three outstanding bond issues. The total collected would be reduced from $82,888,914 to $76,883,179. Due to early redemption provisions of the bond issues,the PFC term will be reduced from 10/30/32 to 6/30/24. Finally, the Airport Cash Flow Projection shows no rates and charges increase this coming year; without the Amendment, there would be an approximate $900,000 increase. • aa OMB Approved 2120-0557 PASSENGER FACILITY CHARGE (PFC)APPLICATION U.S Department of Transportation • Federal Aviation Administration 1. Application Type(Check all that apply) FM USE ONLY E] a. Impose PFC Charges Date Received PFC Number F b. Use PFC Revenue Amend PFC No 91-01-C-01-PSP PART 1 2. Public Agency Name,Address,and Contact Person 3. Airport(s)to Use 4. Consultation Dates Agency Name: City of Palm Springs a. Date of Written Notice to Air Carriers: Address: 3200 E.Tahquitz Canyon Way June 29,2001 Palm Springs International City,State,ZIP: Palm Springs,CA 92262 Airport(PSP) b. Date of Consultation Meeting with Air Carriers: Contact Person: Allen F.Smoot (760)318-3900) July 30, 2001 PART 11 5. Charges a. Airport to Impose b. Level c. Total Estimated PFC d. Proposed Effective a. Estimated Expiration Revenue by Level Date: Date: Palm Springs International Impose Airport(PSP) [-] $1.00 E]$2.00 2-6 00 (see 4a Attachment B) Existing Use 82,888,919. January 1,2002 June 30,2024 Impose El $4.00 @-f4,50 (see 4a Attachment B) Proposed Use 76,883,179. • PART III 6. Attachments(Check all that Apply) Attached Submitted with Application Number Document a. M� El Airport Capital Improvement Plan b 19� El Project Information (Attachment B) C. El Air Carrier Consultation Information d. El R-1�1-01-C-01-psp Request to Exclude Class(es)of Carriers e. El F-1 Alternative Uses/Projects f. El Competition Plan/Update 9 El B-;g1_01-C-01-PSID ALP/Airspace/Environmental h. El El PART IV 7. With respect to this PFC application I hereby certify as follows: To the best of my knowledge and belief,all data in this application are true and correct; This application has been duly authorized by the governing body of the public agency; The public agency will comply with the attached assurances if the application is approved; For those projects for which approval to use PFC revenue is requested,all applicable ALP approvals, airspace determinations, and environmental reviews required by the National Environmental Policy Act have been completed. If required,the public agency has submitted a competition plan in accordance with 49 U.S.C.47106(f);and If required by 49 U.S.C.40117(d)(4),adequate provision for financing the airside needs, including runways,taxiways, aprons, and gates, has been made by the public agency. a. Typed Name of Authorized Representative c. Telephone Number (760)318-3900 Allen F. Smoot Director of Aviation d. Fax Number (760)318-3815 a. Signature of Authorized Representative f. Date Signed FAA Form 5500-1 (8-00)Supersedes Previous Edition 0 ATTACHMENT"A" Document: Five Year Capital Improvement Program Sponsor: City of Palm Springs Airport: Palm Springs International Airport Item Project Estimated Funding Funding Funding Cost Source(s) FAA PSP Year: 2002 02-1 Terminal Expansion-Holdrooms Gates 1,2&3-Phase II$ 1,855,280 FAA 75%-PSP 25% $ 1,391,460 $ 463,820 02-2 Rehab-Reconstruct Commuter Ramp $ 1,200,000 FAA 90%-PSP 10% $ 1,080,000 $ 120,000 02-3 Security System Upgrades& Rehab $ 200,000 FAA 90%-PSP 10% $ 180,000 $ 20,000 02-4 East SIDA Access Relocation/Fence&Road Work $ 600,000 FAA 90%-PSP 10% $ 540,000 $ 60,000 02-5 Part 139 OPS Data Base&Records Management System$ 250,000 FAA 90%-PSP 10% $ 225,000 $ 25,000 02-6 Terminal Wall Covering Replacement $ 60,000 PSP 100% $ 60,000 Subtotal.$ 4,16,5,280 $ 3,416,460 $ 748,820 Year: 2003 03-1 Expand Loop Road (Terminal Access) $ 2,000,000 FAA 90%-PSP 10% $ 1,800,000 $ 200,000 03-2 Volturno Access Road(Industrial Park) $ 1,980,000 FAA 90%-PSP 10% $ 1,782,000 $ 198,000 03-3 Relocate Segmented Circle&ASOS $ 297,000 FAA 90%-PSP 10% $ 267,300 $ 29,700 03-4 Taxiway"G"Rehab $ 594,000 FAA 90%-PSP 10% $ 534,600 $ 59,400 03-5 Replace Runway Sweeper $ 200,000 FAA 90%-PSP 10% $ 180,000 $ 20,000 03-6 Phase VI Noise Mitigation (Insulation) $ 2,000,000 FAA 90%-PSP 10% $ 1,800,000 $ 200,000 03-7 Terminal Painting $ 100,000 PSP 100% $ 100,000 • Subtotal:$'7,171,000 $, 6,363,960 $ 807,100 Year: 2004 04-1 Seal Coat 13L/31 R&Taxiways $ 100,000 FAA 90%-PSP 10% $ 90,000 $ 10,000 04-2 Reconstruct Air Carrier Aircraft Aprom $ 1,584.000 FAA 90%-PSP 10% $ 1,425,600 $ 158,400 04-3 T-Hangar Taxiways $ 700,000 FAA 90%-PSP 10% $ 630,000 $ 70,000 04-4 Construct High Speed Taxiway(North) $ 800,000 FAA 90%-PSP 10% $ 720,000 $ 80,000 04-5 Pahase VII Noise Mitigation(Insulation) $ 2,000,000 FAA 90%-PSP 10% $ 1,800,000 $ 200,000 04-6 Carpet Replacement $ 200,000 PSP 100% $ 200,000 Subtotal,$ 5;384,060 . ,$ 4,666,600 $ '718,400 Year: 2005 05-1 Noise Monitoring System $ 1,000,000 FAA 90%-PSP 10% $ 900,000 $ 100,000 05-2 Construct Air Carrier Ramp $ 3,000,000 FAA 90%-PSP 10% $ 2,700,000 $ 300,000 05-3 Rehab Commuter Ramp Phase II $ 500,000 FAA 90%-PSP 10% $ 450,000 $ 50,000 05-4 Carpet Replacement $ 200,000 PSP 100% $ 200,000 05-5 Terminal Furniture Replacement $ 150,000 PSP 100% $ 150,000 Subtotal $ 4,850,000 $ 4,050,000 '$ . 800,000 Year: 2006 06-1 Construct High Speed Taxiway(South) $ 800,000 FAA 90%-PSP 10% $ 720,000 $ 80,000 06-2 Loading Bridges at Gates 1, 2&3 $ 2,000,000 FAA 75%-PSP 25% $ 1,500,000 $ 500,000 06-3 Air Carrier Ramp $ 1.300,000 FAA 90%-PSP 10% $ 1,170,000 $ 130,000 06-4 Terminal Furniture Replacement $ 150,000 PSP 100% $ 150,000 • Subtotal:$ .4,250,000 ;$ 3,390,000 $ 860,0o0 "Total Expenditure ". «*«***«*:*«**.* $ 21,885,960 $3,934,320 . ATTACHMENT B: PROJECT INFORMATION ****FOR FAA PFC Application number: 1. AIRPORT WHERE PROJECT IS LOCATED: Palm Springs International Airport 3400 E. Tahquitz Canyon Way Palm Springs, California 92262 Contact. Allen F. Smoot, AAE, Assistant City Manager- Special Projects 2. CHECK ONE: IMPOSE[ ] IMPOSE AND USE [X] USE[ ] 3. PROJECT TITLE (And Public Agency Project Number, If Appropriate): Terminal Expansion Debt Service- Full Coverage 4.a. PROJECT DESCRIPTION: Increase PFC from $3 to $4.50 to cover full debt service on previously approved and constructed terminal expansion projects. No new work, only additional PFC's to cover existing debt on the three PFC approved projects or as they may be refinanced. Total PFC's to be collected will drop from the current approval level of$82,888,919 to $76,883,179 and termination date will change from 10/30/32 to 6130124. b. If applicable for terminal projects, 1. Prior to this project, number of ticket counters _, gates , and baggage facilities 2. Number of ticket counters _, gates _, and baggage facilities _to be constructed or rehabilitated. 3. Net change in ticket counters _, gates , and baggage facilities *****FOR FAA USE ... wwWW WW a. Description adequate [ ] not adequate [ ] (indicate deficiencies below) b. If the project involves the construction of a new runway or modification of an existing runway, the requirements of Order 5200.8, with regard to runway safety areas have been met. YES[ ] NO [ ]. c. For terminal projects, information regarding ticket counters, gates, and baggage facilities for construction and/or rehabilitation indicated. YES [ ] NO [ ] N/A [ ] d. Comments: 5. LEVEL OF COLLECTION: $1.00[ ] $2.00[ ] $3.00[ ] (go to 6) $4.00[ ] $4.50[x] (public agencies of medium and large hub airports go to 7, all others go to 6) *wwwwwwwww*wwwwwwwwwwwwww****ww*****w*wwwwwwwwwwwwwww**www**w*w********ww**w**wwwwwww**wwww 6. PROJECT JUSTIFICATION: The previously approved/as amended PFC application was for renovations and expansion of the Terminal Building. To accomplish that, three sets of bonds, 1992 GARB, 1998 GARB and the 1998 PFC, were issued. The combined annual debt service for the three issues is $2,535,018 (varies slightly each year). PFC's are currently allowed to pay debt on all three issues; however collections of approximately$1.6 million (current) leave the airport some $900,000 short. Skyrocketing utility costs at the Airport are outstripping the Airport's ability to pay current debt and utilities without causing large rates and charges increases. Such increases would reduce the Airport's competitiveness in the Southern California market and any loss of service due to increased cost would be devastating to the local economy. *****FOR FAA USE ******************ww****************ww**wwww*wwwwwwwwwwwwwwwww****** a. Is justification adequate? YES [ ] NO [ ]. b. Comments: **wwwwww*wwww***********wwwwwww*********wwwwwwwwwwww****wwwww***wwwwww*wwwwwwwwwwwww******* 7. SIGNIFICANT CONTRIBUTION: N/A *****FOR FAA USE ww***w*www********************************wwwww********************* • a. _ Air safety. Part 139 [ ] Other (explain) Certification Inspector concur. Yes [ ] No [ ] Date Air security. Part 107 [ ] Part 108 [ ] Other (explain) CASFO concur. Yes [ ] No [ ] Date _ Competition. Competition Plan [ ] Other (explain) _ Congestion. Current [ ] or Aniiicipated [ ] LOI [ ] FAA BCA [ ] FAA Airport Capacity Enhancement Plan [ ] Other (explain) Noise. 65 LDN [ ] Other (explain) Project does not qualify under ":significant contribution " rules. (explain and go to 6. Project Justification - FOR FAA USE —for analysis). b. Comments: *ww*ww*w***www*w***********w***********w*****ww********w*********************************** 8. PROJECT OBJECTIVE: The previously approved project was approved as a capacity enhancement project for the Airport. This amendment is requested to allow the Airport to pay all debt related to the approved project from PFC revenues. • *****FOR FAA USE • a. _ Safety, Preserve [ ] Enhance [ ] _ Security, Preserve [ ] Enhance [ ] _ Capacity, Preserve [ ] Enhance [ ] Furnish opportunity for enhanced competition between or among air carriers at the airport Mitigate noise impacts resulting from aircraft operations at the airport Project does not meet any PFC objectives (explain) b. Comments: ************************************W*****WWWW*********************************WWWW******** 9. FOR FAA USE (Public agencies go to 1 O)*********************************WW***WWWW*****W* a. Project Eligibility: 1) Indicate project eligibility by checking the appropriate category below. [ ] Development eligible under AIIP criteria (paragraph of Order 5100.38_ or PGL ); [ ] Planning eligible under AIP criteria (paragraph — of Order 5100.38_ or PGL [ ] Terminal development as described in 49 U.S.C. 47110(d); [ ] Noise compatibility planning as described in 49 U.S.C. 47505; [ ] Noise compatibility measures eligible under 49 U.S.C. 47504. Check one of the following - project approved in an approved Part 150 noise compatibility plan [ ]; or, project included in a local study[ I. Include Title and Date of local study: [ ] Terminal development as described in 49 U.S.C. 40117(a)(3)(C); [ ] Shell of a gate as described in •49 U.S.0 40117(a)(3)(F) (air carrier percentage of annual boardings ); or [ ] Project does not meet PFC eligibility (explain). b. Comments: WWWWWWW*WW******W*W**********************W*****WWWWWWW WWWW WWWWWWWWWWW****************WWWWWW 10. ESTIMATED PROJECT IMPLEMENTATION DATE (Month and Year): 5192 ESTIMATED PROJECT COMPLETION DATE (Month and Year): 11199 All phases of the project were previously completed. This amendment deals only with a PFC increase to cover the total debt on the previously completed project. *****FOR FAA USE*WWWWWWWWWWWWW WWW*:F**WWW***WWW**W*W***************WWWWWWWWWWWWW ****** a. For IMPOSE AND USE or USE-ONLY project, project will begin within 2 years of 120-day approval date? YES [ ] NO [ ] b. For IMPOSE ONLY project, project will begin within 5 years of the charge effective date or approval date, whichever is sooner? YES[ ] NO [ ] c. Comments: 11. For an IMPOSE ONLY project, estimated date USE application will be submitted to the FAA (Month and Year): *****FOR FAA a. Is the date within 3 years of the estimated charge effective date or approval date, whichever is sooner? YES [ ] NO [ ]. • b. Comments: wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww:kwwwwwwwwwwwwwwwwwwwww**wwwwwwwwwwwwwwwwwwwwwwwwwwww 12. LIST CARRIERS CERTIFYING AGREEMENT: 13. LIST CARRIERS CERTIFYING DISAGREEMENT: Recap of Disagreements: Public Agency Reasons for Proceeding: *****FOR FAA USEwwwwwwwwwwwwwwwwww ewwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww a. Comments: wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww*wwwwwwwwwww 14. FINANCING PLAN: PFC FUNDS: Pay-as-you-go $ N/A Bond Capital $ N/A Bond Financing & Interest $ 76,883,179. (Note: Three separate bond issues.) *** SUBTOTAL PFC FUNDS: $ 76,1183,179. EXISTING AIP FUNDS: Grant # Grant Funds in Project $ AIP 3-06-0181-24 $1,722,584 — Creative Financing Grant AIP 3-06-0181-26 $3,165,730 — Terminal Ramp/Utilities/Generator *** SUBTOTAL EXISTING AIP FUNDS: $4,888,314 ANTICIPATED AIP FUNDS (List Each Year Separately): N/A Fiscal Year: Entitlement $ Discretionary $ Total $ N/A *** SUBTOTAL ANTICIPATED AIP FUNDS: $ -0- OTHER FUNDS: State Grants $ N/A Local Funds $ 543,146 Other (please specify) $ N/A *** SUBTOTAL OTHER FUNDS: $ 543,146. *** TOTAL PROJECT COST: $ 82,314,639 The following two spreadsheets demonstrate projected PFC collections, beginning in January 2002, and the pay down of the three separate bond issues. Please note that the bonds have early redemption allowances, which provides that as fast as PFC's are collected, bonds can be called out. Note that projections :show actual debt retirement in 2023, the remaining PFC collection is to reimburse the Airport for debt that will be paid in years 2001 through 2008 payable from rates and charges and for administrative costs. • CITY OF PALM SPRINGS CALCIOTION OF PASSENGER FACILITY OARGES BASED ON $4.50 • Enplaned Adjusted Total Cumulative Passenger % PFC Enplaned PFC PFC PFC Forecast Growth Eligible Passengers Rate Revenues Revenues 1993 427,170 870,509 870,509 1994 474,859 1,287,524 2,158,033 1995 469,662 1,149,224 3,307,257 1996 543,951 1,448,382 4,755,639 1997 560,747 1,527,494 6,283,133 1998 602,803 1,554,740 7,837,873 1999 663,083 1,600,033 9,437,906 2000 622,038 80.0% 497,630 2.92 1,453,081 10,890,987 2001 620,000 0.0% 80.0% 496,000 3.86 1,916.320 12,807,307 2002 628,258 1.3% 80.0% 502,600 4.42 2,221,492 15,028,799 2003 637,682 1.5% 80.0% 510,100 4.42 2,254,642 17,283,441 2004 653,624 2.59/6 80.0% 522,900 4.42 2,311,218 19,594,659 2005 673,233 3.0% 80.0% 538,600 4.42 2,380,612 21,975,271 2006 693,430 3.0% 80.0% 554,700 4.42 2,451,774 24,427,045 2007 714,233 3.0% 80.0% 571,400 4.42 2,525,588 26,952.633 2008 735,660 3.0% 80.0% 588,500 4.42 2,601,170 29,553,803 2009 757,730 3.0% 80.0% 606,200 4.42 2,679,404 32,233,207 2010 780,462 3.09/o 80.0% 624,400 4.42 2,759,848 34,993,055 2011 803,875 3.0% 80.0% 643,100 4.42 2,842,502 37,835,557 2012 819,953 2.0% 80.0% 656,000 4.42 2,899,520 40,735,077 2013 836,352 2 0% 80.0% 669,100 4.42 2,957,422 43,692,499 2014 853,079 2.0% 80.0% 682,500 4.42 3,016,650 46,709,149 2015 870,141 2.0% 80.0% 696,100 4.42 3,076,762 49,785,911 2016 878,842 1.0% 80.0% 703,100 4.42 3,107,702 52,893,613 2017 887,631 1.0% 80.0% 710,100 4.42 3,138,642 56,032,255 2018 896,507 1.0% 80.0% 717,200 4.42 3,170,024 59,202,279 2019 905,472 1.0% 80.0% 724,400 4.42 3,201,848 62,404,127 2020 914,527 1.0% 80.0% 731,600 4.42 3,233,672 65,637,799 2021 923,672 1.0% 80.0% 738,900 4.42 3,265,938 68,903,737 2022 932,909 1.0% 80.0% 746,300 4.42 3,298,646 72,202,383 2023 942,238 1.0% 80.0% 753,800 4.42 3,331,796 75,534,179 2024 951,660 1.0% 80.0% 761,300 4.42 1,349,000 76,883,179 • • CITY OF PALM SPRINGS • PASSENGER FACILITY CHARGE REVENUES APPLIED TO DEBT SERVICE (INCREASED PFC TO $4.50) • 1998 PFC Bonds Apply to GARBS GARBS DS Debt Service on Special Available Debt Service on Early Remaining Payable from PFC Revenue 1998 PFC: Bnnds* Redemption for GARBS GARBS** Redemption PFCs Rates and Chge 2001 1,916,320 (846,250) - 1,070,070 (1,070,070) 693,954 2002 2,221,492 (847,113) - 1,374,380 (1,374,380) - - 390,542 2003 2,254,642 (847,378) - 1,407,265 (1,407,265) - - 356,979 2004 2,311,218 (846,918) - 1,464,301 (1,464,301) - - 297,413 2005 2,380,612 (845,768) - 1,534,845 (1,534,845) - - 227,359 2006 2,451,774 (848,790) - 1,602,984 (1,602,984) - - 155,997 2007 2,525,588 (845,963) - 1,679,626 (1,679,626) - - 84,103 2008 2,601,170 (847,403) - 1,753,768 (1,753,768) - - 12,341 2009 2,679,404 (847,818) - 1,831,587 (1,761,004) (70,583) - - 2010 2,759,848 (847,193) - 1,912,656 (1,763,704) (148,952) - - 2011 2,842,502 (845,818) - 1,996,685 (1,763,804) (232,881) - - 2012 2,899,520 (848,390) - 2,051,130 (1,761,186) (289,944) - - 2013 2,957,422 (849,728) - 2,107,694 (1,760,688) (347,006) - - 2014 3,016,650 (845,125) - 2,171,525 (1,767,291) (404,234) - - 2015 3,076,762 (849,497) - 2,227,265 (1,760,553) (466,712) - - 2016 3,107,702 (847,716) - 2,259,986 (1,760,775) (499,211) - - 2017 3,138,642 (844,909) (393,613) 1,900,120 (1,762,528) (137,592) - - 2018 3,170,024 (845,950) (488,642) 1,835,432 (1,760,513) (74,920) - - 2019 3,201,848 (845,394) (520,024) 1,836,430 (1,759,388) (77,043) - - 2020 3,233,672 (848,094) (551,848) 1,833,730 (1,764,013) (69,718) - - 2021 3,265,938 (849,219) (583,672) 1,833,047 (1,764,119) (68,929) - - 2 2 3,298,646 (848,769) (615,938) 1,833,939 (1,759,406) (74,533) 3 3,331,796 (845,963) (648,646) 1,837,188 (300,000) 1,537,188 2024 1,349,000 1,349,000 1,349,000 - Admin Costs @ 30,000/yr 660,000 PFC Amend#2 Cost to Prepare 7,500 Totals 2,886,188 2,886,188 * PFC Debt Service Adjusted for any Special Redemptions ** GARB Debt Service Adjusted for any Early Redemptions `PROJECT REQUESTING PFC FUNDING LEVELS OF $4.00 AND $4.50: • a. Project costs cannot be paid for from funds reasonably expected to be available through AIP funding. YES [X ] NO [ ] b. If the FAA determines that the project may qualify for AIP funding, the public agency would prefer that the FAA approve the amount of the local match to be collected at a $4.50 PFC level [ X] OR the entire requested amount at a $3.00 PFC level [ ]. c. Terminal and surface transportation projects. The public agency has made adequate provision for financing the airside needs of the airport, including runways, taxiways, aprons, and aircraft gates. YES [X ] NO [ ] N/A [ ] d. Comments. N/A *****FOR FAA USE . . . . a. Does the project include a proposed LOI? YES [ ] NO [ ] If YES, does the Region support? YES [ ] NO [ ]. If YES, list the schedule for implementation: b. For any proposed AIP discretionary funds, does the Region intend to support? YES [ ] NO [ ] c. For any proposed AIP funds, is the request within the planning levels for the Region's five year CIP? YES [ ] NO [ ] d. For project requesting PFC funding levels of$4.00 and $4.50: Project costs cannot be paid for from funds reasonably expected to be available through AIP funding. YES [ ] NO [ ] Terminal and surface transportation projects. The public agency has made adequate provision for financing the airside needs of the airport, including runways, taxiways, aprons, and aircraft gates. YES [ ] NO [ ] N/A [ ] e. Comments. 15. BACK-UP FINANCING PLAN: Continue to operate under existing $3.00 PFC approval, raise airline rates and charges, and hope for,increased non-airline revenues. **,**FOR FAA a. Is the back-up financing/phasing plan viable? Yes [ ] No [ ]. b. Comments: • "`***FOR FAA USE « ... «... ,. w ...... ADO/RO RECOMMENDATION: Approve [ ] Partially Approve [ ] Disapprove [ ] ADDITIONAL INFORMATION (If appropriate, include explanation of recommendation, congressional interest, pertinent background, etc.): Application Reviewed by: Name Routing Symbol Date • • FAA • • Passenger Facility Charge Raise to $4.50 AGREEMENT #3122 AMEND 2 R20160, 9-5-01 PALM SPRINGS INTERNATIONAL AIRPORT Aid AMERICAT RESORTPORT SECOND AMENDMENT TO THE APPROVED PASSENGER FACILITY CHARGE (Amended PFC No. 91-01-C-01 PSP) OF TA M SA 4 y r u` O'gUFOM1d�P• SUBMITTED SEPTEMBER 7, 2001 BY AIRPORT SPONSOR TABLE r3F- CONTENTS � 1 COVER LETTER AMENDMENT APPLICATION Z AIRLINE CONSULTATION CERTIFICATION OF AGREEMENT/DISAGREEMENT SPONSOR APPROVAL r� • 0 • • OF PALM S > 1P� c City of Palm Springs h h a Office of the Assistant City Manager- Special Projects M Cn n M RORAi EO` 3400 Tahquiez Canyon Way• Palm Springs,Cahfoinia 92262 c <f FO P, P TEL:(760)318-3900•FAX (760)318-3815 •TDD:(760)564-9527 September 6, 2001 Jaime Duran AWP-612 Supervisor, Programming Section Western Pacific Region Airports Division 15000 Aviation Blvd. Lawndale, CA 90261 RE: Palm Springs International Airport Passenger Facility Charge Amendment#2 Dear Mr. Duran: Palm Springs International Airport herewith transmits two (2) copies of an Amendment to PFC No. 91-01-C-01-PSP. The purpose of this Amendment is to raise the collection level from $3.00 to $4.50 for the sole purpose of raising enough revenue to pay the full debt service on the three existing bond issues which were utilized to fund the Airport's previously approved PFC projects. Since the 1998 bond issues have early redemption provisions, as fast as PFC's are collected bonds can be paid down. As a result of the early redemption provisions, we are projecting that our termination date will change from the current October 30, 2032 to June 30, 2024, and that overall collection will be reduced from $82,888,919 to $76,883,179. Through the consultation process, the Airport has achieved a 100% support level from the air carriers serving the Airport and therefore requests that this Amendment be processed under 158.37(b)(1). To meet the Airport's financial needs, this Amendment was offered to the air carriers with an expected first collection date of January 1, 2002. The Airport respectfully requests whatever assistance in expediting approvals can be provided by the Federal Aviation Administration. • Post Office Box 2743 0 Palm Springs, California 92263-2743 • • Letter to Jaime Duran . September 6, 2001-Page Two Should you have any questions, please do not hesitate to contact me at (760) 318-3900. Si cerely, )W4NL- ALLEN F. SMOOT, AAE Interim Director of Aviation AFS:ps ATTACHMENT- PFC Amendment (2 copies) cc: (With two copies each of PFC Amendment) John Milligan, AWP 621 Supervisor, Standards Section FAA Western Pacific Region Airports Division 15000 Aviation Blvd. Lawndale CA 90261 Sheryl A. Scarborough, Management and Program Analyst PFC Branch, APP 530 FAA- Office of Airport Planning & Programming Airports Financial Assistance Division 800 Independence Ave., S.W. RM #613 Washington, D.C. 20591 • Adlilk • OMB Approved 2120-0557 PASSENGER FACILITY CHARGE (PFC)APPLICATION U.S.Department of Transportation Federal Aviation Administration 1. Application Type(Check all that apply) I FAA USE ONLY I ❑ a. Impose PFC Charges i Date Received PFC Number ❑ b. Use PFC Revenue j ® c. Amend PFC No 91-01-C-00-PSP PART 2. Public Agency Name,Address,and Contact Person 3. Airport(s)to Use 4. Consultation Dates Agency Name: City of Palm Springs a. Date of Written Notice to Air Carriers: Address: 3200 E.Tahquitz Canyon Way June 29,2001 Palm Springs International City,State,ZIP: Palm Springs,CA 92262 Airport(PSP) b. Date of Consultation Meeting with Air Carriers: Contact Person: Allen F.Smoot (760)318-3900) July 30, 2001 PART II S. Charges a. Airport to Impose b. Level c. Total Estimated PFC d. Proposed Effective e. Estimated Expiration Revenue by Level Date: Date: Palm Springs International Impose Airport(PSP) ❑$1.00❑$2.00®$3.00 Existing Use$11,615,147. January 1,2002 June 30,2024 Impose ❑$4.00 1�1$4.50 Proposed Use $65,268,032. PART III 6. Attachments(Check all that Apply) Attached Submitted with Application Number Document a. E7 ❑ Airport Capital Improvement Plan b. IEa ❑ Project Information (Attachment B) C. ® ❑ Air Carrier Consultation Information d. ❑ ® 91-01-C-00-PSP 2/26/92 Request to Exclude Class(es)of Carriers e. ❑ ® 91-01-C-00-PSP 2/26/92 Alternative Uses/Projects f. ❑ ❑ N/A Competition Plan/Update Small Hub Exempt g. ❑ ® 91-01-C-00-PSP 2/26/92 ALP/Airspace/Environmental h. ❑ ❑ PART IV 7. With respect to this PFC application I hereby certify as follows: To the best of my knowledge and belief,all data in this application are true and correct; This application has been duly authorized by the governing body of the public agency; The public agency will comply with the attached assurances if the application is approved; For those projects for which approval to use PFC revenue is requested,all applicable ALP approvals, airspace determinations,and environmental reviews required by the National Environmental Policy Act have been completed. If required,the public agency has submitted a competition plan in accordance with 49 U.S.C.47106(f); and If required by 49 U.S.C.40117(d)(4), adequate provision for financing the airside needs, including runways,taxiways, aprons, and gates, has been made by the public agency. a. Typed Name of Authorized Representative b. Title c. Telephone Number (760)318-3900 Allen F.Smoot Interim Director of Aviation d. Fax Number (760)318-3815 e. Sig to d riz epresent alive f. Date ign C FAA Form 5500-1 (8-00)Supersedes Previous Edition • 0 ATTACHMENT"A" Document: Five Year Capital Improvement Program Sponsor: City of Palm Springs Airport: Palm Springs International Airport Item - Project Estimated Funding Funding Funding Cost Source(s) FAA PSP Year: 2002 02-1 Terminal Expansion-Holdrooms Gates 1, 2&3-Phase II$ 1,855,280 FAA 75%-PSP 25% $ 1,391,460 $ 463,820 02-2 Rehab-Reconstruct Commuter Ramp $ 1,200,000 FAA 90%-PSP 10% $ 1,080,000 $ 120,000 02-3 Security System Upgrades& Rehab $ 200.000 FAA 90%-PSP 10% $ 180,000 $ 20,000 02-4 East SIDA Access Relocation/Fence&Road Work $ 600,000 FAA 90%-PSP 10% $ 540,000 $ 60,000 02-5 Part 139 OPS Data Base& Records Management System$ 250,000 FAA 90%-PSP 10% $ 225,000 $ 25,000 02-6 Terminal Wall Covering Replacement $ 60,000 PSP 100% $ 60,000 Subtotal $ 4,165,280 $ 3,416,460 $ 748,820 Year: 2003 03-1 Expand Loop Road (Terminal Access) $ 2,000,000 FAA 90%-PSP 10% $ 1,800,000 $ 200,000 03-2 Volturno Access Road (Industrial Park) $ 1,980,000 FAA 90%-PSP 10% $ 1,782,000 $ 198,000 03-3 Relocate Segmented Circle&ASOS $ 297,000 FAA 90%-PSP 10% $ 267,300 $ 29,700 03-4 Taxiway"G"Rehab $ 594,000 FAA 90%-PSP 10% $ 534,600 $ 59.400 03-5 Replace Runway Sweeper $ 200,000 FAA 90%-PSP 10% $ 180,000 $ 20,000 03-6 Phase VI Noise Mitigation (Insulation) $ 2,000,000 FAA 90%-PSP 10% $ 1,800,000 $ 200,000 03-7 Terminal Painting $ 100,000 PSP 100% $ 100,000 Subtotal $ 7,171,000 $ 6,363,900 $ 907,160 Year: 2004 04-1 Seal Coat 13L/31 R&Taxiways $ 100,000 FAA 90%-PSP 10% $ 90,000 $ 10,000 04-2 Reconstruct Air Carrier Aircraft Aprom $ 1,584,000 FAA 90%-PSP 10% $ 1,425,600 $ 158,400 04-3 T-Hangar Taxiways $ 700,000 FAA 90%-PSP 10% $ 630,000 $ 70,000 04-4 Construct High Speed Taxiway(North) $ 800,000 FAA 90%-PSP 10% $ 720,000 $ 80,000 04-5 Pahase VII Noise Mitigation(Insulation) $ 2,000,000 FAA 90%-PSP 10% $ 1,800,000 $ 200,000 04-6 Carpet Replacement $ 200,000 PSP 100% $ 200,000 Subtotal;$'3;884,b60.: :$ 4,665r600. Year: 2005 05-1 Noise Monitoring System $ 1,000,000 FAA 90%-PSP 10% $ 900,000 $ 100,000 05-2 Construct Air Carrier Ramp $ 3,000,000 FAA 90%-PSP 10% $ 2,700,000 $ 300,000 05-3 Rehab Commuter Ramp Phase II $ 500,000 FAA 90%-PSP 10% $ 450,000 $ 50.000 05-4 Carpet Replacement $ 200,000 PSP 100% $ 200,000 05-5 Terminal Furniture Replacement $ 150,000 PSP 100% $ 150,000 Subtotal $ 4,850,000 $ 4,050,000 $ 800,000 Year: 2006 06-1 Construct High Speed Taxiway(South) $ 800,000 FAA 90%-PSP 10% $ 720,000 $ 80.000 06-2 Loading Bridges at Gates 1, 2&3 $ 2,000,000 FAA 75%-PSP 25% $ 1,500,000 $ 500,000 06-3 Air Carrier Ramp $ 1,300,000 FAA 90%-PSP 10% $ 1,170,000 $ 130,000 06-4 Terminal Furniture Replacement $ 150,000 PSP 100% $ 150,000 Subtotal $ 4,250,000 $ 3,390,000 $ 860,000 R4�4hRYMMiIMR ' Total Expenditure $.21,885;960. $3,934,320 9 r • ATTACHMENT B: PROJECT INFORMATION *`*""FOR FAA USE`•�.������ �� : ��w��.���������. .«������� ����� ������� ��� PFC Application number: 1. AIRPORT WHERE PROJECT IS LOCATED: Palm Springs International Airport 3400 E. Tahquitz Canyon Way Palm Springs, California 92262 Contact.Allen F. Smoot, AAE, Interim Director of Aviation 2. CHECK ONE: IMPOSE[ ] IMPOSE AND USE[X ] USE[ ] 3. PROJECT TITLE (And Public: Agency Project Number, If Appropriate): Terminal Expansion Debt Service - Full Coverage 4.a. PROJECT DESCRIPTION: Increase PFC from $3 to $4.50 to cover full debt service on previously approved and constructed terminal expansion projects. No new work, only additional PFC's to cover existing debt on the • three PFC approved projects or as they maybe refinanced. Total PFC's to be collected will drop from the current approval level of $82,888,919 to $76,883,179 and termination date will change from 10130132 to 6130124. b. If applicable for terminal projects, N/A (This Amendment is only to raise the collection level on a completed project.) 1. Prior to this project, number of ticket counters _, gates _, and baggage facilities 2. Number of ticket counters _, gates _, and baggage facilities to be constructed or rehabilitated. 3. Net change in ticket counters _, gates _, and baggage facilities *****FOR FAA USE . . . . a. Description adequate [ ] not adequate [ ] (indicate deficiencies below) b. If the project involves the construction of a new runway or modification of an existing runway, the requirements of Order 5200.8. with regard to runway safety areas have been met. YES[ ] NO [ ]. c. For terminal projects, information regarding ticket counters, gates, and baggage facilities for construction and/or rehabilitation indicated. YES [ ] NO [ ] N/A [ ] • d. Comments: Revised 1012/00 WWWW*********W*********W*********************************WWWWWW**********W*W********WWW**** • 5. LEVEL OF COLLECTION: $1.00[ ] $2.00[ ] $3.00[ ] (go ro6) $4.00[ ] $4.50[X] (public agencies of medium and large hub airports go to 7,all others go to 6) **WWWWWWWWWWWW*WWWWWW*****************WW*WWWWWWW*WWWW****************W*********WWW*******WW 6. PROJECT JUSTIFICATION: The previously approved/as amended PFC application was for renovations and expansion of the Terminal Building. To accomplish that, three sets of bonds, 1992 GARB, 1998 GARB and the 1998 PFC, were issued. The combined annual debt service for the three issues is $2,535,018 (varies slightly each year). PFC's are currently allowed to pay debt on all three issues; however, collections of approximately$1.6 million (current) leave the airport some $900,000 short. Skyrocketing utility costs at the Airport are outstripping the Airports ability to pay current debt and utilities without causing large rates and charges increases. Such increases would reduce the Airport's competitiveness in the Southern California market and any loss of service due to increased cost would be devastating to the local economy. *****FOR FAA USE **W*W******************************W*W****W*WWW***********WWW******* a Is justification adequate? YES [ ] NO [ ]. b. Comments: WWWWW**W********WW***W*WW**W*********************WW**********WWWWWWWW**********WW*WW*WW**** 7. SIGNIFICANT CONTRIBUTION: N/A (Small Hub) *****FOR FAA USE **************W******W**WW*W**************WWW****************WWW**** a. _ Air safety. Part 139 [ ] Other(explain) Certification Inspector concur. Yes [ ] No [ ] Date _ Air security. Part 107 [ ] Part 108 [ ] Other(explain) CASFO concur. Yes [ ] No [ ] Date _ Competition. Competition Plan [ ] Other(explain) _ Congestion. Current[ ] or Anticipated [ ] LOI [ ] FAA BCA[ ] FAA Airport Capacity Enhancement Plan [ ] Other(explain)_ _ Noise. 65 LDN [ ] Other(explain) _ Project does not qualify under"significant contribution " rules. (explain and go to 6. Project Justification - FOR FAA USE—for analysis). b. Comments: 8. PROJECT OBJECTIVE: The previously approved project was approved as a capacity • enhancement for the Airport. Many carriers chose to schedule noon hour turns to the point that adequate gates were not available. The Revised 10/2/00 0 • project added gates to the Airport Terminal. The Airport's gates are non-exclusive and are controlled by the Airport. This amendment is only a request to raise the collection amount from $3.00 to $4.50 to allow the Airport to pay all debt related to the approved project from PFC revenues. *****FOR FAA USE WWWWWWWWW**W***********WWWWWWWWWW***************WWWW********WWWW**** a. _ Safety, Preserve [ ] Enhance [ ] _ Security, Preserve [ ] Enhance [ ] _ Capacity, Preserve [ ] Enhance [ ] _ Furnish opportunity for enhanced competition between or among air carriers at the airport _ Mitigate noise impacts resulting from aircraft operations at the airport _ Project does not meet any PFC objectives (explain) b. Comments: *W**WWWWWW**W***************************W*****************WWWWWWW************************** 9. FOR FAA USE (Public agencies go to 10)************W*WWW*WW*WWWWWW**********WWW*W******* a. Project Eligibility: 1) Indicate project eligibility by checking the appropriate category below. [ ] Development eligible under Alp criteria (paragraph_of Order 5100.38_or PGL_); [ ] Planning eligible under AIP criteria (paragraph_of Order 5100.38_or PGL [ ] Terminal development as described in 49 U.S.C. 47110(d); [ ] Noise compatibility planning as described in 49 U.S.C. 47505; • [ ] Noise compatibility measures eligible under 49 U.S.C. 47504. Check one of the following-project approved in an approved Part 150 noise compatibility plan [ ]; or, project included in a local study[ I. Include Title and Date of local study: [ ] Terminal development as described in 49 U.S.C. 40117(a)(3)(C); [ ] Shell of a gate as described in 49 U.S.0 40117(a)(3)(F) (air carrier percentage of annual boardings ); or [ ] Project does not meet PFC eligibility (explain). b. Comments: W*W******************W*WWWWWWW****WW***W********WWW*WWWW***W*W*WWWW************WWWWWWW***** 10. ESTIMATED PROJECT IMPLEMENTATION DATE (Month and Year): 5192 ESTIMATED PROJECT COMPLETION DATE (Month and Year): 11199 All phases of the project were previously completed. This amendment deals only with a PFC increase to cover the total debt on the previously completed project. The Airport hopes to implement the increase to $4.50 by January 1, 2002. • Revised 10/2/00 *****FOR FAA USEwwwwwwwwwww*wwwwwwwww*wwww**ww*w*www***wwwwwwwwwwwwwww*wwwwwwww**wwww • a. For IMPOSE AND USE or USE-ONLY project, project will begin within 2 years of 120-day approval date? YES [ ] NO [ ] b. For IMPOSE ONLY project, project will begin within 5 years of the charge effective date or approval date, whichever is sooner?YES[ ] NO [ ] c. Comments: wwwwwwwwwwwwwwwwwwwwwwwwwwwww*wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww*wwwwwwwwwwwwwwwww 11. For an IMPOSE ONLY project, estimated date USE application will be submitted to the FAA (Month and Year): N/A, Project already completed. *****FOR FAA USE*wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww*w*w***wwwwwwwwwwwwwwwwww a. Is the date within 3 years of the estimated charge effective date or approval date, whichever is sooner? YES [ ] NO [ ]. b. Comments: *wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww***w*wwwwwwwwwwwww 12. LIST CARRIERS CERTIFYING AGREEMENT: SkyWest Airlines (Note: No other airline filed a certification of agreement or disagreement) 100% approval, 13. LIST CARRIERS CERTIFYING DISAGREEMENT: None, Recap of Disagreements: Public Agency Reasons for Proceeding: *****FOR FAA USEwwwwwwwww*w*wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww********wwwwwwwwww a. Comments: wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww*wwwwwwwwwwwww 14. FINANCING PLAN: PFC FUNDS: Pay-as-you-go $ 667,500 (Administration cost & Amendment#2 preparation cost) Bond Capital $33,915,518 Bond Financing &Interest $ 42,300,161. (Note: Three separate bond issues,) *** SUBTOTAL PFC FUNDS: $ 76,883,179, EXISTING AIP FUNDS: Grant # Grant Funds in Project $ AIP 3-06-0181-24 $1,722,584- Creative Financing Grant • AIP 3-06-0181-26 $3,165,730- Terminal Ramp/Utilities/Generator Revised 10/2/00 i 0 • " SUBTOTAL EXISTING AIP FUNDS: $4,888,314 ANTICIPATED AIP FUNDS (List Each Year Separately): N/A Fiscal Year: Entitlement $ Discretionary $ Total $ N/A SUBTOTAL ANTICIPATED AIP FUNDS: $ OTHER FUNDS: State Grants $N/A Local Funds $543,146 Other (please specify) $NZA " * SUBTOTAL OTHER FUNDS: $ 543,146. TOTAL PROJECT COST: $ 82,314,639. The following two spreadsheets demonstrate projected PFC collections (Attachment 1), beginning in January 2002, and the pay down of the three separate bond issues (Attachment 2). Please note that the 1998 bonds have early redemption allowances, which provide that as fast as P'FC's are collected, bonds can be called out. Note that projections show actual debt retirement in 2023, the remaining PFC collection is to reimburse the Airport for debt that will be paid in years 2001 through 2008 from Airline rates and charges and for administrative costs. • Revised 10/2/00 • ATTACHMENT #1 TO ITEM 14 CITY OF PALM SPRINGS CALCULATION OF PASSENGER FACILITY CHARGES • BASED ON $4.50 Enplaned Adjusted Total Cumulative Passenger % PFC Enplaned PFC PFC PFC Forecast Growth Eligible Passengers Rate Revenues Revenues 1993 427,170 870,509 870,509 1994 474,859 1,287,524 2.158,033 1995 469,662 1,149,224 3,307,257 1996 543,951 1,448,382 4,755,639 1997 560,747 1,527,494 6,283,133 1998 602,803 1,554,740 7,837,873 1999 663,083 1,600,033 9,437,906 2000 622,038 80 0% 497,630 2 92 1,453,081 10,890,987 2001 620,000 0.0% 80.0% 496,000 3.86 1,916,320 12,807,307 2002 628,258 1.3% 80.0% 502,600 4.42 2,221,492 15,028,799 2003 637,682 1 5% 80.0% 510,100 4.42 2,254,642 17,283,441 2004 653,624 2.5% 80.0% 522,900 4.42 2,311,218 19,594,659 2005 673,233 3.0% 80.0% 538,600 4.42 2,380,612 21,975,271 2006 693,430 3 0% 80.0% 554,700 4.42 2,451,774 24,427,045 2007 714,233 3.0% 80.0% 571,400 4.42 2,525,588 26.952,633 2008 735,660 30% 80.0% 588,500 4.42 2,601,170 29,553,803 2009 757,730 3.0% 80 0% 606,200 4.42 2,679,404 32,233,207 2010 780,462 3.0% 80.0% 624,400 4 42 2,759,848 34,993,055 2011 803,875 3.0% 80.0% 643,100 4.42 2,842,502 37,835,557 . 2012 819,953 2.0% 80.0% 656,000 4.42 2,899,520 40,735,077 2013 836,352 2.0% 80 0% 669,100 4.42 2,957,422 43,692,499 2014 853,079 2.0% 80.00/6 682,500 4.42 3,016,650 46,709,149 2015 870,141 2.0% 80.0% 696,100 4.42 3,076,762 49,785,911 2016 878,842 1.0% 80.0% 703,100 4.42 3,107.702 52,893,613 2017 887,631 1.0% 80.0% 710,100 4.42 3,138,642 56,032,255 2018 896,507 1.0% 80.0% 717,200 4.42 3,170,024 59.202,279 2019 905,472 1.0% 80.0% 724.400 4.42 3,201,848 62,404,127 2020 914,527 1.0% 80.0% 731,600 4.42 3,233,672 65,637,799 2021 923,672 1.0% 80.0% 738,900 4.42 3,265,938 68,903,737 2022 932,909 1.0% 80.0% 746,300 4.42 3,298,646 72,202,383 2023 942,238 1.0% 80.0% 753,800 4.42 3,331,796 75,534,179 2024 951,660 1.0% 80.0% 761,300 4.42 1,349,000 76,883.179 PFC' s collected @ $3. 00 $11, 615, 147 PFC's collected @ $4. 50 65,268,032 $76,883, 179 Note: Assumes $4. 50 collection begins January 2002. • ATTACHMENT 2 TO ITEM 14 CITY OF PALM SPRINGS • PASSENGER FACILITY CHARGE REVENUES APPLIED TO DEBT SERVICE (INCREASED PFC TO $4.50) • 1998 PFC Bonds Apply to GARBS GARBS DS Debt Service on Special Available Debt Service on Early Remaining Payable from PFC Revenue 1998 PFC Bonds* Redempliou for GARBS ,GARBS** Redemption PECs Rates anti Digs 2001 1,916,320 (846,250) - 1,070,070 (1,070,070) - 693,954 2002 2,221,492 (847,113) - 1,374,380 (1,374,380) - - 390,542 2003 2.254,642 (847,378) - 1,407,265 (1,407,265) - - 356,979 2004 2,311,218 (846,918) - 1,464,301 (1,464,301) - - 297,413 2005 2,380,612 (845,768) - 1,534,845 (1,534,845) - - 227,359 2006 2,451,774 (848,790) - 1,602,984 (1,602,984) - - 155,997 2007 2,525,588 (845,963) - 1,679,626 (1,679,626) - - 84,103 2008 2.601,170 (847,403) - 1,753.768 (1,753,768) - - 12,341 2009 2,679,404 (847,818) - 1,831.587 (1,761,004) (70,583) - - 2010 2,759,848 (847,193) - 1,912,656 (1,763,704) (148,952) - - 2011 2,842,502 (845,818) - 1,996,685 (1,763,804) (232,881) - - 2012 2,899,520 (848,390) - 2,051,130 (1,761,186) (289,944) - - 2013 2,957,422 (849,728) - 2,107,694 (1,760,688) (347,006) - - 2014 3,016,650 (845,125) - 2,171,525 (1,767,291) (404,234) - - 2015 3,076,762 (849,497) - 2,227,265 (1,760,553) (466,712) - - 2016 3,107,702 (847,716) - 2,259,986 (1,760,775) (499,211) - - 2017 3,138,642 (844,909) (393,613) 1,900,120 (1,762,528) (137,592) - - 2018 3,170,024 (845,950) (488,642) 1,835,432 (1,760,513) (74,920) - - 2019 3,201,848 (845,394) (520,024) 1,836,430 (1,759,388) (77,043) - - 2020 3,233,672 (848,094) (551,848) 1,833,730 (1,764,013) (69,718) - - 2021 3,265,938 (849,219) (583,672) 1,833,047 (1,764,119) (68,929) - - 922 3,298,646 (848,769) (615,938) 1,833,939 (1,759,406) (74,533) - 23 3,331,796 (845,963) (648,646) 1,837,188 (300,000) 1,537,188 2024 1,349,000 1,349,000 1,349,000 - Admin Costs @ 30,000/yr 660,000 PFC Amend82 Cost to Prepare 7,500 Totals 2,886,188 2,886,188 * PFC Debt Service Adjusted for any Special Redemptions ** GARB Debt Service Adjusted for any Early Redemptions, includes debt from 1992 issue and the 1998 issue. • • ***PROJECT REQUESTING PFC FUNDING LEVELS OF $4.00 AND$4.50: a. Project costs cannot be paid for from funds reasonably expected to be available through AIP funding. YES [X ] NO [ ] The only costs remaining, as the project is completed and financed, is annual administration costs and debt service; neither of which is eligible for an AIP grant. b. If the FAA determines that the project may qualify for AIP funding, the public agency would prefer that the FAA approve the amount of the local match to be collected at a $4.50 PFC level [.X] OR the entire requested amount at a $3.00 PFC level [ ]. c. Terminal and surface transportation projects. The public agency has made adequate provision for financing the airside needs of the airport, including runways, taxiways, aprons, and aircraft gates. YES [X ] NO [ ] N/A [ ] d. Comments. *****FOR FAA a. Does the project include a proposed LOI? YES [ j NO [ ] If YES, does the Region support? YES [ j NO [ ]. If YES, list the schedule for implementation: b. For any proposed AIP discretionary funds, does the Region intend to support? YES [ ] NO [ • c. For any proposed AIP funds, is the request within the planning levels for the Region's five year CIP? YES [ ] NO [ ] d. For project requesting PFC funding levels of$4.00 and $4.50: Project costs cannot be paid for from funds reasonably expected to be available through AIP funding. YES [ ] NO [ ] Terminal and surface transportation projects. The public agency has made adequate provision for financing the airside needs of the airport, including runways, taxiways, aprons, and aircraft gates. YES [ ] NO [ ] N/A [ ] e. Comments. 15. BACK-UP FINANCING PLAN: Continue to operate under existing $3.00 PFC approval, raise airline raes and charges, and hope for increased non-airline revenues. *****FOR FAA a. Is the back-up financing/phasing plan viable? Yes [ ] No [ ]. b. Comments: *****FOR FAA USE** *xwwwwwrtrtxwxx xwtxxxzxxx t t • ADO/RO RECOMMENDATION: Approve [ ] Partially Approve [ ] Disapprove [ ] Revised 10/2100 U.S Department Western-Pacific Region P.O. Box 92007 of Transportation Airports Division Los Angeles, CA 90009-2007 Federal Aviation Administration r J, U OCT — e ZOOi e `Y Allen F. Smoot., AAE � 'CU Interim Director of Aviation �1: QEP City of Palm Springs T pFA�OINV P.O. Box 2743 Palm Springs, CA 92263-2743 Dear Mr. Smoot: In accordance with section 158.37 (b) (1) (i) of the Federal Aviation Regulations (14 CFR Part 158) , the Federal Aviation Administration (FAA) has reviewed and approved your request for amendment to the approved application to impose and use passenger facility charge (PFC) revenue at Palm Springs International Airport (PSP) . For future reference, this amendment wil:L be identified as number 92-01-C-02-PSP. Procedural History: Date of written notice to air carriers : June 29, 2001 Date of consultation meeting with air carriers: July 30, 2001 Date of amendment application received by FAA: September 7, 2001 There were no certifications of disagreement as a result of the air carrier coordination process for this amendment action. This amendment action approves an increase in the collection level for one project in this application from $3 . 00 to $4.50 per passenger enplaned at PSP, with the earliest charge effective date for collections at the $4.50 level being January 1, 2002 . In addition, this amendment represents a decrease to the total amount of PFC to be collected for this project at the said $4.50 PFC level, as listed below: Project Previously Revised Description Approved Approved Airport Terminal $81, 888, 919 $76, 883, 179 Expansion Based on the information provided by the City and our review of the collection records, the new estimated charge expiration date will be July 1, 2024. In approving the increased PFC level, the FAA has determined that there is no reasonable expectation of additional Airport Improvement Program funding in the amount of PFC collection previously approved for this project. Furthermore, the FAA has determined that the city of Palm Springs has made adequate provisions for financing the airside needs at PSP including runways, taxiways, aprons, and aircraft gates. 2 The FAA reminds the City that it must comply with 5158.43 (b) (3) which states, in part, that the charge effective date (January 1, 2002) will be at least 60 days from the date the public agency notifies the carriers of approval to impose the PFC. Please notify, in writing, each of the air carriers collecting PFC's at PSP of the approval of this amendment noting the revisions to the PFC Level, amount of PFC collection, charge effective date, and charge expiration date resulting from this action. If you have any questions regarding this amendment, please contact Eric Vermeeren at (310) 723-3631. sincerely, Herman C.'-Bliss Manager, Airports Division DWA - PA10 Canyon Tax Incr Pass-Thru AGREEMENT #284 H3033 R813, 9-4-91 AGREEMENT FOR REIMBURSEMENT TAX INCREMENT FUNDS Canyon Redevelopment Project THIS AGREEMENT ( the "Agreement" ) is made and entered into this day of 1991 , by and between THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS ( "Agency" ) and THE DESERT WATER AGENCY ( "DWA" ) . R E C I T A L S A. On July 19 , 1991 , the City Council of the City of Palm Springs adopted Ordinance No. 1388 approving a Redevelopment Plan for The Canyon Redevelopment Project ( the "Plan" ) pursuant to the California Community Redevelopment Law (Health & Safety Code Section 33000, et s�Mc . ) , which Plan delineates a project area ( the "Project Area" ) . B. The Plan includes provisions authorizing the allocation to Agency of property taxes levied each year on the increase in the assessed valuation of property within the Project Area above the sum of the assessed values for the Project Area as shown on the 1990-91 assessment roll. C. The Project Area is located within DWA boundaries and is served by DWA. D. DWA has taken the position with Agency that, by virtue of its tax allocation provisions, the Plan will result in a "financial burden or detriment" to DWA within the meaning of Section 33012 of the California Health and Safety 8/20/91 FINAL Fitt li:R [. Desert Water eency Pass Through Agreement - Canyon Page 2 Code. E. Agency is authorized by Section 33401 of the Health and Safety Code to compensate affected taxing entities, including DWA, by paying to such taxing entities any amount of money which Agency determines is appropriate to alleviate any financial burden or detriment to such taxing entities caused by its implementation of the Plan. F. The purpose of this Agreement is to provide for appropriate payments to be made by Agency to DWA, in order to alleviate financial burden or detriment caused to DWA by the tax allocation provisions of the Plan. G. Agency has determined the payments to DWA as set forth below is necessary to alleviate financial burden or detriment caused to DWA by the Plan. H. In consideration of Agency' s entering into this Agreement, DWA has agreed to waive any and all claims, demands, and disputes with Agency and City arising from the adoption and implementation of the Plan. NOW, THEREFORE, in consideration of the foregoing, and the mutual promises and covenants set forth herein, the parties agree as follows : 8/20/91 FINAL Desert Water wncy • Pass Through Agreement - Canyon Page 3 C O V E N A N T S: 1 . Definitions. The words and terms used in this Agreement shall have the following meanings : a. "Agency" shall mean the Community Redevelopment Agency of the City of Palm Springs . b. "City" shall mean the City of Palm Springs . C . "Community Redevelopment Law" shall mean Part 1 of Division 24 (commencing with Section 33000 ) of the California Health and Safety Code. d. "DWA" shall mean the Desert Water Agency. e. "DWA Debt Service Tax Share" shall mean that portion of the Property Tax Increment allocated to and collected by Agency from within the Project Area attributable to the special property tax levied by and otherwise attributable to DWA' s State Water Project debt service, as now established, or as hereafter levied from time-to-time by DWA. f . "DWA Share" shall mean that portion of the Property Tax Increment allocated to and paid to Agency pursuant to Health and Safety Code Section 33670 (b) DWA would have received as determined by application of the tax rate levied on behalf of DWA in the Project Area, but for adoption of the Plan. The parties agree that for the 1990-91 base 8/20/91 FINAL Desert WaterWncy • Pass Through Agreement - Canyon Page 4 year, DWA received . 0178 percent of the one percent ( 1%) general tax rate within the Project Area. If for any subsequent Fiscal Year , DWA's percentage share of the portion of the one percent ( 1% ) general tax rate allocated to DWA from the Project Area under Health and Safety Code Section 33670 (a) changes from its percentage share as stated in the preceding sentence, the DWA Share for that Fiscal Year shall be recalculated in accordance with such change. q. "DWA Tax Rate Increase Amount" shall mean that portion of the Property Tax Increment allocated to and collected by Agency attributable to increases in the rate of tax imposed for the benefit of DWA which levy occurs after the 1990-91 tax year . h. "Fiscal Year" shall mean the period from July 1 to and including the following June 30 . i . "Plan" shall mean the Redevelopment Plan for the Canyon Redevelopment Project Area approved and adopted by the City Council of City on July 19, 1991, by Ordinance No. 1388. j . "Project Area" shall mean the Project Area identified in the Plan, the redevelopment of which is necessary for the public purposes of the California Community Redevelopment Law. 8/20/91 FINAL Desert Waterleency . Pass Through Agreement - Canyon Page 5 k . "Property Tax Increment" shall mean the full amount of property tax revenues generated from within the Project Area that are allocated to and paid to Agency pursuant to Health and Safety Code Section 33670 (b) , which amounts are attributable to increases in assessed valuation above the valuation shown on the 1990-91 assessment roll, plus any identifiable California state legislative supplements to or substitutes for ad valorem property taxes which are paid to Agency during the term of this Agreement . Not by way of limitation of the foregoing, Property Tax Increment shall include ( i ) payments made to DWA and other affected taxing entities , whether such payments are made by Agency or directly by the County of Riverside, and ( ii) funds set aside or expended by Agency pursuant to Health and Safety Code Section 33334. 2 or successor statute. 2. Agency Payment to DWA. Subject to Section 7 herein, for each Fiscal Year during the entire term of the Plan commencing with Fiscal Year 1991-92, Agency shall pay to DWA an amount equal to the following: a. twenty-five percent ( 25%) of the DWA Share less that portion of such twenty- 8/20/91 FINAL Desert Water Oency Pass Through Agreement - Canyon Page 6 five percent ( 25% ) Agency is required to set aside for low and moderate income housing purposes pursuant to Health and Safety Code Section 33334. 2 or successor statute, but in no event shall the set aside deduction exceed the minimum set aside required under Health and Safety Code Section 33334 . 2 or successor statute; and b. one hundred percent ( 100% ) of the DWA State Water Project Amount; and C. one hundred percent ( 100%) of the DWA Tax Rate Increase Amount. Payments required to be made by Agency to DWA hereunder shall be made within sixty ( 60 ) days of receipt of such funds by Agency. if Agency fails to make such payments to DWA within such sixty ( 60 ) day period, interest shall then commence to accrue on such payment amount at the maximum legal rate of interest. 3. Agency Indebtedness. Agency' s obligations hereunder to make payments for the benefit of DWA constitute an indebtedness of Agency within the meaning of California Health and Safety Code Section 33670 (b) . 4. Books and Records. Each party shall, within thirty 8/20/91 FINAL Desert Water4kency Pass Through Agreement - Canyon Page 7 ( 30) days after receipt of written request from the other, make available to the other for review or audit its books and records regarding the payments and expenditures referenced in this Agreement . 5 . Agreement in Lieu of DWA Election Under Section 33676. The parties hereto intend that this Agreement shall be in lieu of any payments which otherwise would be paid to DWA from the Project Area pursuant to Health & Safety Code Section 33676(a) . 6. Covenant Not to Sue and Miscellaneous Matters Relating to Litigation. DWA hereby waives any and all causes of action, cases, claims, counts, actions, and/or complaints related to, and agrees not-:to challenge, the validity of the Plan, or the ordinance adopting the Plan and/or the validity, on the grounds of the invalidity of the Plan, of bonds to finance or refinance in whole or in part the Plan, including, without limiting the generality of the foregoing, the legality and validity of all proceedings heretofore taken or in any way connected with the designation of the survey area, the Project Area, the formulation of the Preliminary Plan, the adoption of the Plan, and the formulation and certification of the 8/20/91 FINAL Desert Water ancy • Pass Through Agreement — Canyon Page 8 Environmental Impact Report and other environmental documents for the Plan. By agreeing to this provision, DWA does not waive the right to dispute the validity of any future amendments to the plan or the adequacy of any environmental documents related to any such future amendments to the Plan, and/or the right to challenge any illegal implementation of the Plan; provided, however , in the event Agency and City amend the Plan, including to add area to the Project Area, for the purpose of providing land for or assistance for the development or construction of school facilities ( including but not limited to classrooms and administrative facilities) , DWA expressly agrees to waive any rights it may have under Health and Safety Code Section 33353 et seo• to call for fiscal review for such amendment. In the event and to the extent that the Property Tax Increment, or any portion thereof, is withheld or not paid to Agency by reason of the pendency or filing of any cause of action, cases, claims, events, actions and/or complaints by any other public or private person or entity against the plan, or environmental documents prepared and certified pursuant thereto, Agency' s responsibility 8/20/91 FINAL Desert Water4kency Pass Through Agreement - Canyon Page 9 for making or directing any payment otherwise required by this Agreement may, at Agency' s sole discretion, accrue and be paid to DWA without interest when and if available at the conclusion of litigation. The time for Agency ' s performance under this Agreement shall be excused for the duration of such litigation. 7 . City and Agency Obligations . City shall have no financial obligation or liability by virtue of or pursuant to this Agreement. Agency shall have no financial obligation or liability by virtue of or pursuant to this Agreement except for payments solely from Property Tax Increment allocated to and received by Agency as set forth in this Agreement. 8. Repeal of- Section 3367 (b) Resolutions. Within sixty ( 60 ) days of executing this Agreement, Superintendent shall, pursuant to Health and Safety Code Section 33676 (c) , repeal any resolution it has adopted pursuant to Health and Safety Code Section 33676 (b) regarding the Plan. 9. Indemnity. DWA shall indemnify, defend, and hold Agency harmless, including but not limited to attorney' s fees, from any claims, liabilities, causes of actions , and damages, asserted by any third party by reason of Agency' s obligations or 8/20/91 FINAL Desert Wate*ency Pass Through Agreement - Canyon Page 10 performance under this Agreement . DWA' s indemnity hereunder shall be limited as set forth in this Section 9 and shall not extend to matters other than Agency ' s obligations or performance under this Agreement . 10. Tax Increment Limit . Amounts paid by Agency to DWA pursuant to this Agreement shall not count against the limit on the total number of dollars to be allocated as Property Tax Increment to Agency under the Plan. 11 . Payment Reduction and Offset . Nothing in Section 2 herein or the Agreement as a whole shall constitute or be deemed an admission or an agreement that the DWA Debt Service Tax Share are funds subject to Health and Safety Code Section 33334. 2 or successor statute; provided, however, that in the event state law, whether by legislative enactment, applicable reported appellate opinion, or judgment against Agency, requires Agency to count the DWA Debt Service Tax Share, or any portion thereof, for the purpose of calculating its self-aside requirements under Health and Safety Code Section 33334. 2 or successor statute, Agency shall be entitled to reduce the amounts paid to DWA from the DWA Debt Service Tax Share as set forth in Section 2 herein 8/20/91 FINAL Desert Water Oncy . Pass Through Agreement - Canyon Page 11 (and to offset any monies previously paid to DWA that are so affected) to the extent required to satisfy such set-aside requirements . 12 . Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter hereof. Each party to this Agreement has been advised by counsel of its choosing and in entering into this Agreement is relying upon its own investigation and evaluation and not upon any representations by any other party. It is the intent of Agency and DWA that the payment herein provided constitute a full, complete, fair, and equitable adjustment for all financial and other impacts which have or may result to DWA during the term of the Plan. This Agreement shall remain in effect during the entire term of the Plan, and shall not be changed or modified except by written agreement of the parties. 13. Condition to Agreement Becoming Effective. This Agreement shall become effective only if the City Council of the City adopts an ordinance approving and adopting the Plan. In the event the Plan or the ordinance adopting the Plan is deemed invalid 8/20/91 FINAL Desert Watereency • Pass Through Agreement - Canyon Page 12 by a final judgment of a court of competent jurisdiction, this Agreement shall terminate and be of no further force and effect . IN WITNESS WHEREOF, Agency and DWA have entered this Agreement as of the date first above written. "Agency" ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS By: By A` si tant Secretary Chairmar/ APPROVED AS TO FORM: AgencyJCounsel '1DWA11 ATTEST: � DESERT WATER AGENCY sy:��E�/e I Al G II;A,%! Vt , By: �7 , J / Chairman r LROVE S T RM DWA Counsel wrPPQ0VEt BY ME COMMUNITY REOEym AGEN -Y In, Ins. NO. -2I 8/394/014084-0022/016 ����� 8/20/91 FINAL