HomeMy WebLinkAboutA5225 - FEDERAL AVIATION ADMINISTRATION FAA USE OF AIRPORT PROPERTIES AT NO COST DTFAWP-06-L-00046 RET IM TO:
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CI-F%e Or PALM SPQINCS
GOl 274Z
PALWi SPRINGS,C,^ 02250
U.S. Department of Transportation
Federal Aviation Administration SUPPLEMENTAL AGREEMENT DATE
003 September 18, 2008
SUPPLEMENTAL LEASE AGREEMENT
TO LEASE NO. DTFAWP-06-L-00046
ADDRESS OP PREMISES Palm Spring International.Airport
THIS AGREEMENT, made and entered into this date by and between City of Palm Springs
whose address is 3400 East Tahquitz Canyon Way, Suite OFC
Palm Springs, CA 92262
hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government:
WHEREAS, the parties hereto desire to amend the above Lease.
NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said
Lease is amended, as follows:
• Page 6, "List of Facilities" dated March 7, 2008 is deleted in its entirety and replaces with Page 6,
"List of Facilities" dated September 18, 2008"
• Exhibit "B" is hereby added and made a part of the lease.
All other terms and conditions of the lease shall remain in force and effect.
Rmportant:Lessor R1 is, ❑ is not required to sign this documcm and return 3 copies to the issuing office. Return receipt requested.
IN WITNESS WHEREOF, the parties subscribed their names as of die above date.
USSOR:
'13Y City Manager
s's�amrr 3200 E I Aquitz Canyon Way
IN TIfE PRESENCE OF(wlmessed by) ATTEST: Palm Springs, GA 92262
(Sienacure) City Clerk (Address)
N1TED STATES OF AMERICA
nv Real EstateReal Estate ConiractingOfficer
(StgnaNr (Official Tide)
i
APPROVED BY CITY MANAGER
FAA Template No. 77 (2/01) rcity ry' {ny�.{r ' r "
gate !a. ad a8'
Dated: September 18, 2008
List of Facilities
MEMORANDUM OF AGREEMENT
DTFAWP-06-L-00046
PALM SPRINGS INTERNATIONAL AIRPORT
RIW GSA Control
Number Facility Number Number Comments
Ref, Lease No. DTFA08-01-L-20901. See
1 ASR-9 06570 Exhibit"A"for Restricted Areas-
2 RTR 06563 Ref. Lease No. DTFA08-97-L-17236
3 VASI 13R 07212 Ref. Lease No. DTFA08-03-L-22296
4 ASOS 80127 80127 Ref. Lease No. DTFA08-01-20887
L75 CWE 07231 Ref. Lease No. DTFA08-96-15694
6 REIL 13R/30L
FOTS Exhibit"B"--Cable Route
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U.S.Depar"t'rnVWf"of`I'raVSji&rLation
Federal Aviation Administration SUPPLEMENTAL AGREEMENT DATE
SUPPLEMENTAL LEASE AGREEMENT 002 13/7/2009
TO LEASE NO. DTFAWP-06-L-00046
ADDRESS OF PREMISES Palm Springs International Airport
THIS AGREEMENT, made and entered into this date by and between City of Palm Springs
3400 U. Tahquitz Canyon Way, Suite-OFC
whose address is Pal n Springs, CA 92262
hereinafter called the Lessor, and the UNITED STATES OF AMERICA,hereinafter called the Government:
WHEREAS,the parties hereto desire to amend the above Lease.
NOW THEREFORE,these parties for the considerations hereinafter mentioned covenant and agree that the said
Lease is amended, as follows:
• Page 6 "List of Facilities"dated December 9,2005 is deleted in its entirety and replaced with the
"List of Facilities"dated March 7,2008.
• Exhibit"A" is deleted in its entirety and replaced with Exhibit"A" dated March 7,2008.
All other terns and conditions of the lease shall remain in force and effect.
Important: Lessor 0 is, ❑ is not required to sign this document and return 2 copies to the issuing office. Return
receipt requested.
IN WITNESS WIIEREOF, the parties subscribed their names as of the above date. APPROVED BY CITY MANAGE
LESSOR: .
_
RZ -•�� � - City Manager
(Sid ature) (Title)
1N THE PRESENCE OF (witnessed by:)
��T. 32110 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(Signature) City Clerk (Address)
N1TE17 STATES OF AMERICA
BY Real Estate Contracting Officer
(Signature (Official Title)
FAA Template No. 77 (2/01)
Dated: March 7, 2008
List of Facilities
MEMORANDUM OF AGREEMENT
DTFAWP-06-L-00046
PALM SPRINGS INTERNATIONAL AIRPORT
R/W GSA Control
Number Facility Number Number Comments
Ref. Lease No. DTFA08-01-L-20901 See
1 ASR-9 06570 Exhibit"A"for Restricted Areas.
2 RTR 06563 Ref. Lease No. DTFA08-97-L-17236
3 VASI 13R 07212 Ref. Lease No. DTFAD8-03-L-22296
4 ASOS 80127 80127 Ref. Lease No. DTFA08-01-20887
5 CWE 07231 Ref. Lease No. DTFA08-96-15694
6 REIL 13R/31L
Page 6 of
DTI+AWP-06-L-00046
Exhibit "A"
ASR-9
RESTRICTED AREAS
The area within the 1,500-foot radius from the center of the radar arrlenna shall be limited
to structures and vegetation not to exceed the height of the antenna deck of the ASR
tower, which is approximately 485 feet above Mean Sea Level (MSL).
Prior to the construction of any structure within the 1500-foot radius from the center of
the radar tower, the Lessor agrees to notify the FAA about the proposed construction and
to accomplish all reasonable requests by the FAA to alter or reorient the structure to be
erected. The FAA will make every effort to accommodate needed construction within the
1500-foot radius.
r
LEASE MODIFICATION/SUPPLEMENT
Modification/Supplement No- Lease Contract No. Effective Date
001 DTFA08-96-L-15694 12/5/2006
Lessor Accounting &Appropriation Data
City of Palm Springs
3400 E. Tahquitz Canyon Way, Suite-OFC
Palm Springs, CA 92262
THIS AGREEMENT IS ENTERED INTO PURSUANT TO THE PROVISIONS OF SECTION 302(C)(10)OF THE FEDERAL PROPERTY AND
ADMINISTRATIVE SERVICES ACT OF 1994(41 USC 252)
Description of Modification/Supplement
-Paragraph 11 on page 4 is hereby modified to read as follow:
DTFA08-97-L-17236 (RTR)
DOT-FA75WE-3396 (ASR)
DTFA08-01-L-20901 (ASR)
DTFA08-91-L-13881 (ASR)
DTFA08-97-L-17442 (RTR)
DTFA08-03-L-22296 (VAST)
DTFA08-01-L-20887 (ASOS)
DTFA08-96-L-15694 (OWE)
-Attached is the List of Facilities on page 6, which is hereby modified to include the Centerfield
Weather Equipment (CWE) lease No. DTFA08-96-L-15694,
ALL OTHER TERMS AND CONDITIONS OF THE LEASE ARE HEREBY RATIFIED AND EXCEPTED AS AMENDED HEREIN ABOVE,$HALL BE
AND REMAIN THE SAME. ,•
Lessor is not required to sign this document XD Lessor is required to sign this document return the
original and 2 copies to the Government.
Lessor: City of Palm Springs Government:
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
ATTEST: FEDERAL AVIATION ADMINISTRATION
c By: CG*' .
Tr7ie CITY MANA E ITT CLERK Title: C tractin Officer Real Estate& Utilities Section
Dt co/o '7 Date: / i 7/J
Wp 4660-14 3/80
ROVED BY CRY COUNCIL
lie 1$r,6 a •� ab_ A�2��
may abandon in place any or all of the structures and equipment installed in or located
upon said property by the FAA during its tenure. Such abandoned equipment shall
become the property of the Airport.
10. NOTICES_(Oct-96 :
All notices/correspondence shall be in writing, reference the Agreement number, and be
addressed as follows:
City of Palm Springs
Palm Springs International Airport
3400 East Tahguitz_Can Canyon Way
Palm Springs, CA 92262
FEDERAL AVIATION ADMINISTRATION
ATTN: REAL ESTATE AND UTILTIIES TEAM, AWP-54B
P_O. Box 92007
Los Angeles, CA 90009
11. Previous Lease W/Aq reement s
This agreement supersedes the following Land Lease:
DTFA08-97-L-17236 (RTR)
DOT-FA75WE-3396 (ASR)
DTFA08-01-L-20901 (ASR)
DTFA08 91-L-13881 (ASR)
DTFA08-97-L-17442 (RTR)
DTFA08-03-L-22296 (VASI)
DTFA08-01-L-20887 (ASOS)
DTFA08-96-L-15694 (CWE)
12, OFFICIALS NOT TO BENEFIT 10/96
No member of or delegate to Congress, or resident commissioner, shall be
admitted to any share or part of this contract, or to any benefit arising from it. However,
this clause does not apply to this contract to the extent that this contract is made with a
corporation for the corporation's general benefit.
13. COVENANT AGAINST CONTINGENT FEES (8/02)
The Lessor warrants that no person or agency has been employed or retained to
solicit or obtain this contract upon an agreement or understanding for a contingent fee,
except a bona fide employee or agency. For breach or violation of this warranty, the
Page 4 of 6
i
Dated: December 9, 2005
List of Facilities
MEMORANDUM OF AGREEMENT
DTFAW P-06-L-00046
Palm Springs International Airport
R/W GSA Control
Number Facility Number Number Comments
DOT-FA75WE-3396. SEE exhibit "A"
1 ASR 06570 For Restricted Areas
2 RTR 06563 DTFA08-97-L-17236
3 ASR 06570 DTFA08-01-L-20901
4 ASR 07146 DTFA08-91-L-13881
5 RTR 07264 DTFA08-97-L-17442
6 VASI RWY13R 07212 DTFA08-03-L-22296
7 ASOS 80127 DTFA08-01-L-20887
s CWE 07231 DTFA08-96-L-15694
Page 6 of 6
FAA
Use of airport properties at no cost
A5225
MO 7806 02-01-06
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
MEMORANDUM OF AGREEMENT
Agreement Number DTFAWP-06-L-00046
This agreement is made and entered into by the City of Palm Springs, hereinafter
referred to as Airport, for itself, its successors and assigns, and the Federal Aviation
Administration, hereinafter referred to as the FAA.
WITNESSETH
WHEREAS, the parties listed above have entered into an Airport Improvement Grant
Agreement; and
WHEREAS, the parties listed above have entered into an agreement providing for the
construction, operation, and maintenance of FAA owned navigation, communication and
weather aids for the support of Air Traffic Operations; and
WHEREAS, the parties consider it desirable to work in cooperation with each other in
the technical installation and operation of air navigational aids; and
WHEREAS, both parties agreed the establishment, operation, and maintenance of
systems for air traffic control, navigation, communication, and weather reporting is in the
primary interest of safety and direct support of the ongoing operation of the Palm
Springs International Airport.
NOW, THEREFORE, the parties mutually agree as follows:
1. TERMS AND CONDITIONS (Jun-04):
It is mutually understood and agreed that the Airport requires FAA navigation aid
facilities in order to operate their business and that the FAA requires navigation,
communication and weather aid facilities at the Airport in order to support Air Traffic
Operations. Thus, in the interest of both parties it is hereby agreed that the Airport will
allow the FAA to construct, operate, and maintain FAA owned navigation,
communication and weather aid facilities in areas on the Airport that have been mutually
determined and agreed upon for the term commencing on October 1, 2006 and
continuing though September 30, 2026. The FAA can terminate this agreement, in
Page 1 of 6
whole or part at any time by giving at least (60) day's notice in writing. Said notice shall
be sent by certified or registered mail.
(a) Together with a right-of-way for ingress to and egress from the premises; a
right-of-way for establishing and maintaining pole lines or under ground lines for
extending electrical power and/or telecommunications lines to the premises; including a
right-of-way for subsurface power, communication and/or water lines to the premises; all
right-of-ways to be over the area referred to as Palm Springs International Airport, to
be routed reasonably determined to be the most convenient to the FAA and as not to
interfere with Airport operations. The Airport shall have the right to review and comment
on plans covering access and utility rights-of-way under this paragraph.
(b) And the right to grading, conditioning, and installing drainage facilities, and
seeding the soil of the premises, and the removal of all obstructions from the premises
which may constitute a hindrance to the establishment and maintenance of navigational
aid systems. The Airport shall have the right to review and comment on plans covering
work permitted under this paragraph.
(c) And the rights to make alterations, attach fixtures, and erect additions,
structures or signs, in direct support of the Airport. The Airport shall have the right to
review and comment on plans covering work permitted under this paragraph.
(d) And the right to park, without cost, all official and privately owned vehicles
used for the maintenance and operation of the air navigational facilities. Parking shall
be provided adjacent to the navigational aid facility or as near as possible without
interfering with the operation of the Airport.
2. CONSIDERATION (Aug- 02):
The FAA shall pay the Airport no monetary consideration, it is mutually agreed that the
rights extended to the FAA herein are in consideration of the obligations assumed by
the FAA in its establishment, operation, and maintenance of navigational aid facilities
upon the premises.
3. PURPOSE (Apr-05):
It is understood and agreed that the use of the herein described premises, known as,
Palm Springs International Airport shall be related to the FAA's activities in support of
Air Traffic operations.
4. FAA FACILITIES (Apr-05)
The FAA facilities covered by this agreement are identified on the most current
approved Airport Layout Plan (ALP) and/or other pertinent drawings that is made part of
this agreement by reference and shown on the attached FAA "List of Facilities".
Page 2 of 6
5. TITLE TO IMPROVEMENTS (Apr-05):
Title to the improvements constructed for use by the FAA during the life of this
agreement shall be in the name of the FAA.
6. HAZARDOUS SUBSTANCE CONTAMINATION (May-00):
The FAA agrees to remediate, at its sole cost, all hazardous substance contamination
on the FAA facility premises that is found to have occurred as a direct result of the
installation, operation, relocation and/or maintenance of the FAA's facilities covered by
this agreement. The Airport agrees to remediate or have remediated at its sole cost,
any and all other hazardous substance contamination found on the FAA facility
premises. The Airport also agrees to save and hold the U. S. Government harmless for
any and all costs, liabilities and/or claims by third parties that arise out of hazardous
contamination found on the FAA facility premises that are not directly attributable to the
installation, operation and/or maintenance of the facilities on the attached FAA "List of
Facilities."
7. INTERFERENCE WITH FAA OPERATIONS (Oct-96):
The Airport agrees not to erect or allow to be erected any structure or obstruction of
whatsoever kind or nature within the Airport's boundaries that may interfere with the
proper operation of the navigational aid facilities installed by the FAA, as it is not in the
best interest of the Airport or the FAA.
8. FUNDING RESPONSIBILITY FOR FAA FACILITIES (Oct-96):
The Airport agrees that any relocation, replacement, or modification of any existing or
future FAA's navigational aid systems made necessary by Airport improvements or
changes, which interferes with the technical and/or operational characteristics of the
facility, will be at the expense of the Airport, with the exception of any such
improvements or changes which are made at the request of the FAA. In the event such
relocations, replacements, or modifications are necessary due to causes not attributable
to either the Airport or the FAA, funding responsibility shall be determined by mutual
agreement between the parties.
9. NON-RESTORATION (Oct-96):
It is hereby agreed between the parties, that upon termination of its occupancy, the FAA
shall have no obligation to restore and/or rehabilitate, either wholly or partially, the
property which is the subject matter of this agreement. It is further agreed that the FAA
Page 3 of 6
may abandon in place any or all of the structures and equipment installed in or located
upon said property by the FAA during its tenure. Such abandoned equipment shall
become the property of the Airport.
10. NOTICES (Oct-96):
All notices/correspondence shall be in writing, reference the Agreement number, and be
addressed as follows:
City of Palm Springs
Palm Springs International Airport
3400 East Tahquitz Canyon WaV
Palm Springs, CA 92262
FEDERAL AVIATION ADMINISTRATION
ATTN: REAL ESTATE AND UTILTIIES TEAM, AWP-54B
P.O. Box 92007
Los Angeles, CA 90009
11. Previous Lease(s)/Agreement(s)
This agreement supersedes the following Land Lease:
DTFA08-97-L-17236 (RTR)
DOT-FA75WE-3396 (ASR)
DTFA08-01-L-20901 (ASR)
DTFA08-91-L-13881 (ASR)
DTFA08-97-L-17442 (RTR)
DTFA08-03-L-22296 (VAST)
DTFA08-01-L-20887 (ASOS)
12. OFFICIALS NOT TO BENEFIT (10/96)
No member of or delegate to Congress, or resident commissioner, shall be
admitted to any share or part of this contract, or to any benefit arising from it. However,
this clause does not apply to this contract to the extent that this contract is made with a
corporation for the corporation's general benefit.
13. COVENANT AGAINST CONTINGENT FEES 8102
The Lessor warrants that no person or agency has been employed or retained to
solicit or obtain this contract upon an agreement or understanding for a contingent fee,
except a bona fide employee or agency. For breach or violation of this warranty, the
Page 4 of 6
Government shall have the right to annul this contract without liability or, in its
discretion, to deduct from the contract price or consideration, or otherwise recover the
full amount of the contingent fee.
14. ANTI-KICKBACK (10/96)
The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from
(1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting,
accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly,
the arnount of any kickback in the contract price charged by a prime Contractor to the
United States or in the contract price charged by a subcontractor to a prime Contractor
or higher tier subcontractor.
15. SIGNATURES (Apr-04):
The Airport and the FAA hereby agree to the provisions outlined in this agreement as
indicated by the signatures herein below of their duly authorized representative (s).
This agreement is effective upon the date of signature by the last party thereof.
City Of Palm Springs UNITED STATES OF AMERICA,
FEDERAL AVIATION ADMINISTRATION
Q1rY gr�6,,�,�
Title: Title: Real Estate Contracting Officer
Date: ����IVU(hYl, `�� �100b Date: �7
UAi'MOUf U By CITY COUNCIL '
ATTEST: pb Iaa�
fG' Clerk
APPROY.gb AS TO FORM:
B.Y. s�
Title:
Page 5 of 6
Page 6 of 6
Dated: December 9, 2005
List of Facilities
MEMORANDUM OF AGREEMENT
DTFAWP-06-L-00046
Palm Springs International Airport
RIW GSA Control
Number Facility Number Number Comments
DOT-FA75WE-3396. SEE exhibit "A"
1 ASR 06570 For Restricted Areas
2 RTR 06563 DTFA08-97-L-17236
3 ASR 06570 DTFA08-01-L-20901
4 ASR 07146 DTFA08-91-L-13881
5 RTR 07264 DTFA08-97-L-17442
6 VASI RWY13R 07212 DTFA08-03-L-22296
7 ASOS 80127 DTFA08-01-L-20887
Page 6 of 6
Lease No. DOT-FA75WE-3396
Restrictions to provide protection for the proper operation of the Palm Springs
ASR-5 facility are described as follows:
The Lessor further agrees not to oract or to allo% to be erected on the
property of the Lessor, any structure or obstruction of whatsoever 'kind or
nature as will exceed the folloiving height as depicted on txhihit "B".
These heights shall include 20 ft, above site elevation (438 ft. MSL) within
a circle of 1 ,600 feet radius from the center of the antenna on property lo-
cated at the airport. Retween azimuth angles of 005 an(] 1455 degrees(True)
as well as 275 to 320 degrees (Truss) the heights shall be limited to 60 ft.
+438 above MSL from 1,000 fleet to 2,000 feet franc the center of the antenna,
70 ft. +438 ft. above MSL from 2,000 ft. to 3,000 ft. from the center of the
antenna and SO ft. +438 ft. above MSL from 3,000 ft, to 4,000 ft. from the
center of the antenna,
Exhibit A
MINUTE ORDER NO. 7806
APPROVING A MEMORANDUM OF AGREEMENT WITH THE
UNITED STATES OF AMERICA, FEDERAL AVIATION
ADMINISTRATION, FOR THE USE OF FOUR AIRPORT
PROPERTIES ON A NO COST BASIS, EFFECTIVE
FEBRUARY 1, 2006, THROUGH SEPTEMBER 30, 2026.
A5225.
I HEREBY CERTIFY that this Minute Order, approving a Memorandum of Agreement with
the United States of America, Federal Aviation Administration for the use of four airport
properties on a no cost basis, effective February 1, 2006, through September 30, 2026,
was adopted by the City Council of the City of Palm Springs, California in a meeting
thereof held on the 15t day of February 2006.
.:Jarfies Thompson, City Clete r
CERTIFIED COPY
certify that this is a true and correct copy of the document
on file in the official records of the City of Palm Springs.
Chief Deputy City Clerk
This certification trust appear In blue with an original
signature.
C1
U.S. Department Federal Aviation Administration 15000 Aviation Boulevard
of Transportation Western-Pacific Region Lawndale,CA 90261
Federal Aviation
Administration
December 9, 2005
Mr. Richard S Walsh
Airport Manager
3400 East Tahquite Canyon Way
Palm Springs, CA 92262
Re: Memorandum of Agreement
Agreement No: DTFAWP-06-L-00046
Dear Mr. Walsh:
Over the past several years, the Federal Aviation Administration (FAA) has struggled with
the accuracy of our on-airport no cost land leases. Often times, the leases contained
inaccurate legal descriptions, expired without being renewed, or new facilities were installed
but no leases were ever initiated. In an effort to streamline the leasing process and to correct
these problems, the FAA has developed the Memorandum of Agreement (MOA). The MOA
will replace all individual no cost land leases on-airport.
The MOA has been reviewed and approved by our General Counsel Office and is now
considered the standard document to be used nationally for no cost land leases on airport.
The new MOA process eliminates the use of legal descriptions and relies on a List of
Facilities and the Airport Layout Plan (ALP) to identify where our facilities are located.
The use of ALP has also been coordinated and determined by our Airports Division in
Headquarters to be an adequate document to depict the location of our navigational,
communication and weather aid facilities.
Further, the Palm Springs International Airport has accepted grants from the Airport
Improvement Program (AIP). Below is the copy of the grant provision no. 28 that provides
FAA use of the land.
"28. Land for Federal Facilities. It will furnish without cost to the Federal Government
for use in connection with any air traffic control or air navigation activities, or weather-
reporting and communication activities related to air traffic control, any areas of land or
water, or estate therein, or rights in buildings of the sponsor as the Secretary considers
necessary or desirable for construction, operation, and maintenance at Federal expense
of space or facilities for such purposes. Such areas or any portion thereof will be made
available as provided herein within four months after receipt of a written request from the
Secretary."
It is our belief that this MOA process will benefit both the FAA and the airport sponsor.
Enclosed for your review and approval are four (4) copies of the MOA between the FAA and
Palm Springs International Airport. Please have an authorized official sign and return three
(3) copies to this office, together with a certified copy of the resolution, authorizing signature
of the party signing on behalf of Palm Springs International Airport. A fully executed MOA
will be returned for your file.
If you have any questions or comments,please do not hesitate to call Christian Bustamante at
(310) 725-7573. Thank you in advance for your time and support in this matter.
Sincerely,
Christian Bustamante
Sr. Real Estate Specialist
Real Estate&Utilities Team, AWP-54B
It is our belief that this MOA process will benefit both the FAA and the airport sponsor.
Enclosed for your review and approval are four (4) copies of the MOA between the FAA and
Palm Springs International Airport. Please have an authorized official sign and return three
(3) copies to this office, together with a certified copy of the resolution, authorizing signature
of the party signing on behalf of Palm Springs International Airport. A fully executed MOA
will be returned for your file.
If you have any questions or comments,please do not hesitate to call Christian Bustanante at
(310) 725-7573. Thank you in advance for your time and support in this matter.
Sincerely,
Christian Bustamante
Sr. Real Estate Specialist
Real Estate &Utilities Team, AWP-54B