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Cq<lFOR��P CITY COUNCIL STAFF REPORT
DATE: February 1, 2006 CONSENT AGENDA
SUBJECT: MEMORANDUM OF AGREEMENT WITH THE UNITED STATES OF
AMERICA, FEDERAL AVIATION ADMINISTRATION FOR USE OF
FOUR AIRPORT PROPERTIES ON A NO COST BASIS
FROM: David H. Ready, City Manager
BY: Aviation Department
SUMMARY
The City Council to approve approving a Memorandum of Agreement (MOA) with the
Federal Aviation Administration (FAA) covering the terms of use for those properties
that the FAA currently uses on a no cost basis.
[RECOMMENDATION:
1. Approve Minute Order No. approving Memorandum of Agreement with
the United States of America, Federal Aviation Administration For Use Of Four
Airport Properties On A No Cost Basis, effective February 1, 2006 and valid until
September 30, 2026.
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
Periodically Council has approved land leases at no cost to allow essential FAA
equipment to operate at the Airport as is required when accepting grants from the
Airport Improvement Program (AIP). There are four of these areas on the Airport. The
Fast approval was given by Council for a lease of land at no cost for weather equipment
in April 2005.
In order to streamline the leasing process, the FAA has created Memorandums of
Agreements with those airports that have this type equipment on its property. This
MOA will last until September 30, 2026.
It is recommended that Council approve this MOA with the FAA for the four properties
currently in use by the FAA at no cost.
Item No. 2 . I .
City Council Staff Report
February 1, 2006-- Page 2
F-AA Property MOA
The Airport Commission recommended the City Council approve the MOA with the FAA
at its regularly scheduled Airport Commission meeting held on February 1, 2006.
FISCAL IMPACT:
No fiscal impact. The MOU includes no monetary consideration.
Richard S. Walsh, A.A.E.;Director of Aviation Trod Butzlaff, si Irs t nt City Manager
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David H. Ready, City ger
Attachments:
MOA with the FAA
MINUTE ORDER NO.
MEMORANDUM OF AGREEMENT WITH THE UNITED STATES OF
AMERICA, FEDERAL AVIATION ADMINISTRATION FOR USE OF
FOUR AIRPORT PROPERTIES ON A NO COST BASIS.
I HEREBY CERTIFY that this Minute Order approving a Memorandum of Agreement
with the United States of America, Federal Aviation Administration For Use Of Four
Airport Properties on a No Cost Basis, effective February 1 and valid until September
30, 2026 was adopted by the City Council of the City of Palm Springs, California in a
meeting thereof held on the 1st day of February 2006.
JAMES THOMPSON
City Clerk
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 t 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.
13. 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 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(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 (VASI)
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 (10196)
The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from
(1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting,
accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly,
the amount of any kickback in the contract price charged by a prime Contractor to the
United States or in the contract price charged by a subcontractor to a prime Contractor
or higher tier subcontractor.
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
By: By:
Title: Title: Real Estate Contracting Officer
Date: Date:
Page 5 of 6
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
s VASI RWY13R 07212 DTFA08-03-L-22296
7 ASOS 80127 DTFA08-01-L-20887
Page 6 of 6
Lease No. DOT-FA75 WE-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 erect or to allow to be erected on the
property of the Lessor, any structure or obstruction of whatsoever kind or
nature as will exceed the following height as depicted on Exhibit "B".
These heights shall include 20 ft. above site elevation (438 ft. MSL) within
a circle of 1 ,000 feet radius from the center of the antenna on property lo-
cated at 'Cho airport. Between azimuth angles of 095 and 145 degrees(True)
as well as 275 to 320 degrees True) the heights shall be limited to 60 ft.
+438 above MSL from 1,000 feet to 2,000 feet from the center of the antenna,
70 ft. +438 ft. above MSL from 2,000 ft. to 3,009 ft. from the center of the
antenna and 80 ft. +438 ft. above MSL from 3,000 ft. to 4,000 ft. from the
center of the antenna.
I
Exhibit A