HomeMy WebLinkAbout4/20/2005 - STAFF REPORTS (6) CITY COUNCIL April 20, 2005
CONSENT CALENDAR
SUBJECT: AMENDMENT NO. 2 TO AGREEMENT NO. 4326 WITH THE UNITED
STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION,
REGARDING AIRPORT SURVEILLANCE RADAR (ASR-9) EXTENDING
THE LEASE THROUGH SEPTEMBER 30, 2020.
FROM: David H. Ready, City Manager
BY: Director of Aviation
SUMMARY:
The requested action will approve a Lease Modification/Supplement No. 2 to existing
Lease Contract No. DTFA08-01-L-20901 with the United States of America (FAA) for
the operation of an Airport Surveillance Radar 9 (ASR9) system on airport property.
RECOMMENDATION:
1. Approve Minute Order No. approving Amendment No. 2 to Agreement No.
4326 Lease Modification/Supplement with the United States of America, Federal
Aviation Administration Contract No. DTFA08-01-L-20901 regarding Airport
Surveillance Radar (ASR9) extending the term through September 30,2020.
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The term of existing Lease Contract No. DTFA08-01-L-20901 between the City of Palm
Springs and the United States of America (FAA) began December 1, 2000 and expires
September 30, 2005. Paragraph 2 TERM of said agreement states that no renewal
shall extend this lease beyond that time frame. As requested by the Federal Aviation
Administration in correspondence dated April 5, 2005, Lease Modification/Supplement
No. 2 changes the language of this paragraph to reflect a lease expiration date of
September 30, 2020.
FISCAL IMPACT:
The lease modification/supplement has a year-to-year term with no monetary
consideration.
TTEMI�rN:..�
Page 2
Amendment No. 2 to Agreement No. 4326 with the United States ofAmerica, Federal Aviation Administration,
regarding Airport Surveillance Radar(ASR-9) extending the Lease through September 30, 2020
Richard S. Walsh, A.A.E.
Director of Aviation
APPROVED:
City Manager
Attachments:
1. Lease Agreement
2. Minute Order
3. Copy of FAA correspondence dated April 5, 2005
�� Western-Pacific Region P.O.Box 92007
Logistics Division Los Angeles,CA 90009-2007
ow
U.S. Department
of Transportation
Federal Aviation
Administration
April 5, 2005
Mr. Lawrence Wedekind
Properties Manager
City of Palm Springs
Department of Aviation
Palm Springs International Airport
3400 E. Tahquitz Canyon Way, Suite-OFC
Palm Springs, CA 92262-6966
Re: Lease No. DTFA08-01-L-20901, ASR-9
Palm Springs, California
Dear Mr. Wedekind:
Pursuant to your message, please find enclosed four original lease modifications for the
above-referenced lease. This modification will extend the lease for an additional 15
years.
Please review the modification and if it is acceptable, please execute and return all
originals to my attention at the address indicated below. Also, provide evidence of
authority such as a certified copy of the resolution, authorizing signature of the party
signing on behalf of the City of Palm Springs. Upon our execution, I will forward an
original for your records.
Federal Aviation Administration
Attn: Mari Takahashi, AWP-54B
P.O. Box 92007
Los Angeles, CA 90009-2007
If you have any further questions, please contact me at (310) 725-7582. Thank you for
your cooperation.
Sincerely,
Mari Takahashi
Realty Specialist
Real Estate & Utilities Team, AWP-54B
Enclosures
LEASE MODIFICATION/SUPPLEMENT
Modification/Supplement No. Lease Contract No. Effective Date
002 DTFA08-01-L-20901
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 49 USC 40110(B).
Description of Modification/Supplement
The purpose of this modification is to extend the term of the above-referenced lease for an additional
15 years. Article 2 (Term) of the lease will be deleted in its entirety and replaced with a new clause.
The following clause is deleted in its entirety:
2. TERM
For the term beginning December 1, 2000 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 Government gives the Lessor thirty (30) days written notice that it will
not exercise its option before this lease or any renewal thereof expires; PROVIDED, that no renewal
shall extend this lease beyond the 30th day of September 2005.
The following clause will replace the above:
2. TERM
To have and to hold commencing on December 1, 2000 and continuing through September 30, 2020,
inclusive; The Government may terminate this lease, in whole or in part, at any time, by giving thirty
(30) days notice in writing to the Lessor. Said notice shall be computed commencing with the day
after the date of mailing.
ALL OTHER TERMS AND CONDITIONS OF THE LEASE ARE HEREBY RATIFIED AND EXCEPTED AS AMENDED HEREIN ABOVE,SHALL BE
AND REMAIN THE SAME.
Lessor is not required to sign this document ❑X Lessor is required to sign this document return the
original and 3 copies to the Government.
Lessor: Government:
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
By., By:
Title: Title: Contracting Officer, Real Estate& Utilities Team,AWP-54B
Date: Date:
W P Form 4660-14(3/80)
MINUTE ORDER NO.
APPROVING AMENDMENT NO. 2 TO
AGREEMENT NO. 4326 WITH THE UNITED
STATES OF AMERICA, FEDERAL AVIATION
ADMINISTRATION, REGARDING AIRPORT
SURVEILLANCE RADAR (ASR-9) EXTENDING
THE LEASE THROUGH SEPTEMBER 30, 2020. 40 �3a�
I HEREBY CERTIFY that this Minute Order approving Amendment No. 2 to
Agreement No. 4326 with the United States of America, Federal Aviation
Administration, regarding Airport Surveillance Radar (ASR-9) extending the
Lease through September 30, 2020. 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