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HomeMy WebLinkAbout4/20/2005 - STAFF REPORTS (7) CITY COUNCIL April 20, 2005 CONSENT CALENDAR SUBJECT: LEASE AGREEMENT WITH THE UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION FOR AN AUTOMATED SURFACE OBSERVING SYSTEM (ASOS) AND TERMINATING PRIOR LEASE WITH NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION FROM: David H. Ready, City Manager BY: Department of Aviation SUMMARY: The City Council will consider approving a lease for the FAA to operate an Automated Surface Observing System (ASOS) on airport property that was previously occupied by National Oceanic and Atmospheric Administration (NOAA) and terminate the current lease with the NOAA. RECOMMENDATION: 1. Approve Minute Order No. approving Agreement No. with the United States of America, Federal Aviation Administration Lease No. DTFA08-01-L-20887, a lease agreement between City of Palm Springs and the United States of America for the operation of an Automated Surface Observing System (ASOS) at Palm Springs International Airport; and terminating Agreement No. 3104 with the National Oceanic and Atmospheric Administration Property License No. 91-ABF-231. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: On May 6, 1992 the City Council approved Minute Order No. 4999 and Agreement No. 3104 with the United States of America, National Oceanic and Atmospheric Administration, to operate an Automated Surface Observing System (ASOS) on airport property. In 2001, the FAA purchased the Automated Surface Observing System from the National Oceanic and Atmospheric Administration. FAA is requesting approval of their new lease agreement replacing the NOAA agreement. REMNO...... „w.,.. City Council April 20, 2005 Page 2 The FAA has taken over the operation of all ASOS equipment at U.S. airports and requests that existing Lease Agreement Number 91-AFB-231 with the United States of America — NOAA be replaced with Agreement Number DTFA08-01-L-20887 with the United States of America - FAA to reflect the change from NOAA to FAA. FISCAL IMPACT: No fiscal impact. The lease has a year-to-year term with no monetary consideration. Richard S. Walsh, A.A.E. David H. Ready Director of Aviation City Manager Attachments: 1. Minute Order. 2. Lease with the United States of America 3. Prior Lease with NOAA 4. Correspondence dated December 29, 2000, March 15, 2005, and undated. � ,� •I U.S. Department Western-Pacific Region P.O.Box 92007 of Transportatlon Logistics Division Worldway Postal Center Federal Aviation Los Angeles,CA 90009.2007 Administration DEC 29 2000 RECEIVED City of Palm Springs JAN 0 g 2001 Department of Aviator Mr. Lawrence Wedekind gy; pL-PT. OF AVIATION Box 2743 Palm Springs, California 92262 Re: Palm Springs ASOS Dear Mr.Wedekind: As you may be aware, the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA)Acquisition Office on behalf of the Federal Aviation Administration (FAA) purchased the Automated Surface Observing Systems (ASOS). The ASOS will replace existing meteorological equipment and provide improved local display and dissemination of weather information. It is the key element in the modernization of the National Airspace System. The FAA is planning for the installation of the ASOS at the Palm Springs Regional Airport;we are interested in obtaining a twenty-year lease with the City of Palm Springs. Enclosed for your review and approval are three(3)copies of our Lease#DTFA08-01-L-20887 for the FAA's ASOS equipment to be located on Runway 13R-31 L. After you review this document and find it meets with your approval, have all three (3)copies signed by an authorized official. Please return two (2)copies of the signed document to this office along with evidence of authority, such as a certified copy of the resolution authorizing signature by the party signing on behalf of the City of Palm Springs. You may retain the third copy of the document for records until a fully executed copy can be returned to you. Thank you for your attention in this matter. If you have any questions, I can be reached at the number listed below, Sincerely, I I Cheryl M. T mpson, Realty Specialist Property Management, AWP-5413.9 (310)725-7580 Enclosure cc: ANI-960 U.S. Department Western-Pacific Region P.O.Box 92007 of Transportation Logistics Division Los Angeles,CA 90009-2007 Federal Aviation Administration MAR 15 206 Palm Springs International Airport Attn.: Mr. Lawrence Wedekind 3400 East Tahquitz Canyon Way, Suite Ofc Palm Springs, California 92262 Re: Palm Springs ASOS DTFA08-01-L-20887 Dear Mr. Wedekind: Per our most recent conversation, I am enclosing another lease proposal package for the above referenced lease for execution. ThL-- ndginal doc,�,,en"ere inadvertently misplaced. The Department of Commerce, National Oceanic and Atmospherl� Admini trs a"tion (NOAA) Acquisition Office on behalf of the Federal Aviation Administration (FAA) purchased the Automated Surface Observing Systems (ASOS). The ASOS will replace existing meteorological equipment and provide improved local display and dissemination of weather information. It is the key element in the modernization of the National Airspace System. The FAA is planning for the installation of the ASOS at the Palm Springs International Airport; we are interested in obtaining a twenty-year lease with the City of Palm Springs. Enclosed for your review and approval are five (5) signed copies of our Lease #DTFA08-01-L-20887 for the FAA's ASOS equipment to be located on Runway 13R- 31 L. After you review these documents and find it meets with your approval, please return two (2)fully executed copies of the signed document to this office along with evidence of authority, such as a certified copy of the resolution authorizing signature by the party signing on behalf of the City of Palm Springs. Thank you for your attention in this matter. If you have any questions, I can be reached at the number listed below. Sincerely, Cheryl M. Thompson, Contracting Officer Property Management, AWP-54B (310) 725-7580 Enclosures ` , U.S. Dapartmant of Tronsportotlon Foderal,Aviation Adminishedion Subject, ACTION; Picking Up ASOS Systems onto FAA Hate: ;FE* Property Record Reply to From: Acting Manager, NAS Logistics.Property Attu. of: Management Division; AFZ-500 7e: Manager, Regional I..ogistics Division Manager, Early in the 1990s, FAA pupchased. Automated Surface Observing Systems f(ASOS) for the National Weather Service(NWS), FAA and NWS recently determined that these' systems are FAA-owned and should be on our property records. Attached is correspondence indicating not only FAA's decision to assume ownership, but also NWS's agreement, Along with assuming ownership, FAA is moving toward in-house maintenance of these systems. We need to pick up all FAA-owned ASOS systems on our property records as soon as possible. To assist you in this, attached are nearly completed personal property data entry forms and back-up information relating to the systems, including system' configurations,,cost, spares, and locations. Stock numbers have been acquired for all 12 ASOS configurations. Please add these ASOS sysems to;your property records by September 15, If you have any questions, contact either Marian Carlson, AFZ-500, on 202 267-9696, or Rebecca Ropkins, AOS-100 contract.support, at 202 646-5494, Ms, llopkins can also provide an electrdnic version of the personal property data entry forms in Microsoft Access format. Cathy Pastore Attachments (XV2k6 Nat'l Oceanic & Atmospheric Admin - ASOS Property License U.S. Department of Commerce No. 91-ABF-231 -- 15 yrs National Oceanic and Atmospheric Administration AGREEMENT #3104 4999 LICENSE FOR USE OF REAL PROPERTY MO__ , 5-6-92 - ... February 5, 1992 Grantor: City of PaLm Springs 3100 F. T4qhquitz-McCallum tiny, Palm Springs, CA 92262. WITNESSETH: That, in consideration of the benefits to the GRANTOR and to the UNITED STATES OF AMERICA, hereinafter referred to as the GOVERNMENT, and of the covenants and agreements to be kept and performed by the GOVERNMENT, the GRANTOR does by these presents hereby grant, at no cost, a License for the use of the premises, services, and facilities hereinafter describer) or other mutuaLLy acceptabLe Locations for the instal.Lation, operation, maintenance, repair, replacement, and removal of Automated Surface Observing System (ASOS) equipment including, but not Limited to: fieLd sensor group(s), acquisition control. unit (ACO), communications and peripheral equipment, antenna(e), and connecting signal and power cables. GRANTOR will provide eLectricaL power for operation of the fol.Lowing GOVERNMENT-OWNED equipment: fieLd sensor group. It is covenanted and agreed that the GOVERNMENT, or the GOVERNMRKT'S contractor, shaLL have ready and convenient access to the premises at all times, subject to the security and safety rules of the GRANTOR, and that the GOVERNMENT reserves the right to make such aLterations, additions, and improvements to the ASOS as may be necessary for proper ASOS operation. It is further covenanted and agreed that all structures, fixtures, or equipment pLaced by the GOVERNMENT an said premises under this License, or any previous License or permit, shah[ be and remain the exclusive property of the GOVERNMENT, notwithstanding the same may he attached to the rea Lty so as to become a part thereof; and that the GOVERNMENT shaLL have the right to remove all structures, fixtures, and equipment so erected or pLaced on said premises. If at any time before the expiration of this License the GRANTOR desires to change the Location of the sites furnished to the GOVERNMENT pursuant to this License, or the GRANTOR changes or modifies its facilities (runways or other areas), or aLLows others to change or modify such faciLities in such a manner so as to adverseLy effect or render useLess the GOVERNMENT's equipment, faciLities, and/or re Lated power, controL or signal Lines, any cost for repair or for removlL of said equipment, faciLities, and/or related power, control, or signal Lines to another, site acceptabLe to the GOVERNMENT shaLL be at the expense of the GRANTOR. If at any time prior to the expiration of this License the GOVERNMENT desires to change the Location of the site furnished to it by the GRANTOR, aLL costs related to moving the equipment, faciLities, and/or related power, controL, or signal. Lines shall be borne by the GOVERNMENT, The terms and conditions of this License and the conditions herein shaLL bind the GOVERNMENT, the GRANTOR, and the GRANTOR'S heirs, executors, administrators, successors, and assigns. To the extent authorized by the Federal Tort Claims Act, 28 U.S.C. Sec. 2671 at seq., the GOVERNMENT assumes fuLL control and soLe responsibiLity for its equipment, personnel. and activities incident to this License. The premises, services, and facilities to be provided by the GRANTOR pursuant to this License are described in the ASOS SITE SURVEY REPORT for the foLLowing which is incorporated herein by reference: PALM SPRINGS REGIONAL AIRPORT, PALM SPRINGS, CA (PEP) Dated: D2/07/92 This License is effective beginning 10/01/92 for a period of 15 years unless terminated earlier by mutual agreement. IN WITNESS WHEREOF, this License is executed as of the dates indicated. City of PaLm S ..uigs THE UNITED ST,A.TES OF AMER A U.S. Dept. i Connnerce, N EY: 6Y: i Printed Name: Robert Parkins Contracting Officer Special. Engineering Program Office Title: City Manager Central Ad n' trati ve Support Cep ter Date: m') /�(C/.7- — Dace: � ur ,�.f` t,,✓� , ATTEST: CITY OF PALM SPRINGS, 4 //FORNIA Asp$ w/P 9/90 01C)`o 1+ rh APR ;+Vt �X;� �" 2{'di' ity Clerk National Oceania and Atmospheric Administration, �0`1,�OF�M US.DEPARTMENT OF COMMERCE Bureau Agency serving: o� 5�e k`�*o Central Adminlstratfve Support center bureau of the Census Federal Building, Room 173B Economic Development Administration e 601 6aat 12ch Street International Trade Administration xeo Ufa Kanses City, Missouri 64106 Minority Business Development Agency `T+ins of Office of Export Enforcement Off ice of the Inspector General June 2, 1992 U.S.Travel and Tourism Administration City Clerk City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263 City Clerk: Subject: ASOS Property License No. 91-ABF-231 Palm Springs Regional Airport, Palm Springs, CA (PSP) Your fully executed copy of the subject license is enclosed. Please reference the NOAA License Number indicated on your license on all future correspondence. For questions regarding the ASOS installation, please contact me at 816/426-3925. ' For questions regarding the ASOS system operation, please contact: NOAA/National Weather Service ASOS Program Office (W/OSD33 ) Station 11226, SSMC2 1325 East-West Highway Silver Spring, Maryland 20910-3233 For questions concerning the license after the ASOS is installed, please contact the following office: Ms. Dian Stewart, WC43 Western Administrative Support Center 7600 Sand Point Way NE Bin C15700 Seattle, WA 98115-0070 Thank you for your assistance. S 'ncereely, A � Rob L. McWilliams, Program Manager Special Engineering Program Office Enclosure cc: Dian Stewart, WC43 w/Property License Dail Hobbs, SEPO FEDERAL AVIATION ADMINISTRATION Lease No.: DTFA08-01-L-20887 Facility: Automated Surface Observing U.S. Department System (ASOS) Palm Springs of Transportation International Airport Rwy 13R-31 Palm Springs, California LEASE Between CITY OF PALM SPRINGS and THE UNITED STATES OF AMERICA This Lease, made and entered into this day of in the year by and between City of Palm Springs whose address is: Palm Springs International Airport 3400 East Tahquitz Canyon Way Palm Springs, California 92262 for itself and its successors, and assigns hereinafter referred to as Lessor and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: I. PREMISES The Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, viz.: Please see page 2 Federal Aviation Administration Page 1 Lease No.: DTFA08-01-L-20887 Palm Springs International Airport ASOS Legal Description The beginning of the ASOS property lease more or less described as follows: At the Airport Reference Point (ARP) of Runway 13R-31L proceed South 29'24' 00"East proceed to centerline of the Wind Tower for a distance of 2,420.11 feet, thence proceed North 53'27' 47"East 43.00 feet to point of beginning (POB). Beginning at the POB, thence proceed South 36' 32' 13"East 29.50 feet, thence South 53'27' 47" West 75.00 thence proceed South 36' 32' 13" West 59 feet,thence proceed North 530 27' 47"East 75 feet, thence proceed South 36' 32' 13" East 29.50 feet POB. The plot containing 0.102 acre more or less. All bearings are based on California Plane Coordinate System. Together with a clear area which shall be kept free of all buildings, trees,vehicular parking and vegetation over 6 in. tall which would affect the accuracy of weather instrument reading; and described as follows: An area encompassed by a circle of 100.00-foot radius the center of which is the center of the ASOS Wind Tower. A plot of hand containing 0.721 acres more or less. Lease will also include the ASOS Acquisition Control Unit (ACU) installed on the third floor, Equipment.Room of ATCT; Operator Interface Device (OID) is located in the ATCT cab and ASOS feeder antenna located on the catwalk handrail outside of the ATCT cab. Federal Aviation Administration Page 2 cy"', t' .� Lease No.: DTFA08-01-L-20887 (a) Together with a right-of-way for ingress to and egress from the premises; a right-of- way for establishing and maintaining a pole line or pole lines for extending electric power and/or telecommunication lines to the premises; and a right-of-way for subsurface power, communication and/or water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the Lessor, and unless herein described otherwise, to be by routes reasonably determined to be the most convenient to the Government. (b) And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of Government facilities. (c) And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions, strictures, or signs. 2. TERM For the term beginning February 1, 2001 and ending September 30, 2001 This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one (1) year unless the Governrnent gives the Lessor thirty (30) days written notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED, that no renewal shall extend this lease beyond the 30th day of September 2020. 3. CONSIDERATION The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment, operation and maintenance of facilities upon the premises hereby leased. Federal Aviation Administration Page s "_1�11 Lease No.: DTFA08-01-L-20887 4. NON-RESTORATION It is hereby agreed between the parties, that upon termination of its occupancy, the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this lease. It is further agreed that the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Such abandoned equipment shall become the property of the Lessor. Notice of abandonment will be conveyed by the Government to the Lessor in writing. 5. INTERFERENCE WITH GOVERNMENT OPERATIONS The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Government under the terms of this Lease unless consent hereto shall first be secured from the Government in writing. 6. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES The Lessor- agrees that any relocation, replacement, or modification of any existing or future Government facilities covered by this Lease dining its term or any renewal thereof made necessary by airport improvements or changes which in the Government's opinion interfere with the technical and/or operational characteristics of the Government facilities will be at the expense of the Lessor, except, when such improvements or changes are made at the written request of the Government. In the event such relocations , replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the Government, funding responsibility shall be determined by the Government. 7. HAZARDOUS SUBSTANCE CONTAMINATION The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as a direct result of the installation, operation, and/or maintenance of the Government's facilities. The Lessor agrees to remediate, at its sole cost, any and all other hazardous substance contamination found on the leased premises. The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the leased premises not directly attributable to the installation, operation and/or maintenance of the Government's facilities. Federal Aviation Administration Page 4 Lease No.: DTFA08-01-L-20887 8. QUIET ENJOYMENT The Lessor warrants that they have good and valid title to the premises, and rights of ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims. 9. HOLDOVER If after the expiration of the lease, the Government shall retain possession of the premises, the lease shall continue in force and effect on a month to month basis. This period shall continue until the Government has signed a new lease with the Lessor, acquired the property in fee or vacated the leased premises. 10. OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. 11. COVENANT AGAINST CONTINGENT FEES 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 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. 12. ANTI-KICKBACK The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. Federal Aviation Administration Page s O'D 3 Lease No.: DTFA08-01-L-20887 13. PROTEST AND DISPUTES All contract disputes arising under or related to this contract or protests concerning awards of contracts shall be resolved under this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after the lessor or offeror has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. Protests must be filed with the Office of Dispute Resolution within 5 calendar days of the date that the protester was aware, or should reasonably have been aware, or should reasonably have been aware, of the agency action or inaction which forms the basis of the protest. Unless otherwise stated in this contract, a contract dispute by the lessor against the government shall be submitted to the Contracting Officer within 1 year after the accrual of the contract dispute. Information relating to submitting a protest or dispute will be provided by the Contracting Officer, upon request. 14. 14. SPECIAL STIPULATIONS FOR THE INSTALLATION AND OPERATION OF AUTOMATED WEATHER OBSERVING SYSTEM (ASOS) UNDER THE TERM OF THIS LEASE. 14.1. Lessor shall maintain vegetation to less than 10 inches in height within 100 feet of the FAA's ASOS site(s). 14.2. Lessor shall notify FAA's airport operation maintenance office when construction or agricultural (tilling, mowing, harvesting, etc.) activity is scheduled or occurs that produces abnormal amounts of dust at the FAA's ASOS sensor equipment site(s). 14.3. Lessor shall not constrict adjacent to FAA's ASOS sensor(s) site, major paved surfaces, irrigated or drainage areas, or test/run-up facility that may significantly alter temperature,humidity, or wind measurement. 14.4. Lessor shall not create topographical surface changes (excavation or mounding) within 500 feet of ASOS sensor(s). Smooth and gradual surface changes are essential to representative wind measurement. 14.5. Lessor shall keep trees within a 1000' radius of the FAA's ASOS sensor site(s) and on airport property trimmed and thinned so that growth does not progressively degrade the representativeness of wind measurements from the baseline conditions that existed upon installation. 14.6. Lessor agrees to plan airport developments so new buildings and construction: 14.6.1. Do not degrade wind speed/direction or temperature/humidity measurements, 14.6.2. Do not block or electronically interfere with the UHF data-link line-of-sight between ASOS sensor site(s) and FAA's ASOS ACU processor located in ATCT. 14.6.3. Do not interrupt or endanger the steady supply of electrical power to the FAA ASOS sensor site(s) and ASOS processor, located in the ATCT. Federal Aviation Administration Page 6 Ur Lease No.: DTFA08-01-L-20887 14.6.4. Or so that acceptable alternative measures are jointly agreed to by the Lessor and the FAA before potentially disruptive construction or development is undertaken. 14.7. The Lessor shall provide for the power access to the FAA ASOS and associated electrical equipment and cables to the FAA ASOS equipment. 15. LESSOR'S SUCCESSORS The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns. 16. NOTICES All notices/correspondence shall be in writing, and shall be addressed as follows (or to such other address as either party may designate from time to time by notice or correspondence to the other): TO LESSOR: City of Palm Springs Palm Springs International Airport 3400 East Talrquitz Canyon Way Palm Springs, California 92262 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Real Estate &Utilities Team, AWP-54B P.O. Box 92007, World Way Postal Center Los Angeles, CA 90009-2007 17. The following are attached and made a part hereof: None 18. The following changes were made in this lease prior to its execution: None Federal Aviation Administration Page 7 U II.S Lease No.: DTFA08-01-L-20887 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR (Signature) (Official Title) THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION By: Contractiry Officer,Real Estate & Utilities Team, AWP-54B MAR 1 1 2005 Date: Federal Aviation Administration Page 8 �A MINUTE ORDER NO. APPROVING A LEASE WITH THE UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION LEASE NO. DTFA08-01-L- 20887, A LEASE AGREEMENT BETWEEN CITY OF PALM SPRINGS AND THE UNITED STATES OF AMERICA FOR THE OPERATION OF AN AUTOMATED SURFACE OBSERVING SYSTEM (ASOS) AT PALM SPRINGS INTERNATIONAL AIRPORT; AND TERMINATING AGREEMENT NO. 3104 WITH THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION PROPERTY LICENSE NO. 91-ABF- 231, EFFECTIVE FEBRUARY 1, 2001. AQS `4O0/ 03/ 6 q I HEREBY CERTIFY that this Minute Order approving a Lease Agreement between the City of Palm Springs and the United States of America for an Automated Surface Observing System (ASOS) at Palm Springs International Airport, and terminating Agreement No. 3104 with the United States Government, National Oceanic and Atmospheric Administration, effective February 1, 2001 was adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on April 20, 2005. JAMES THOMPSON City Clerk